Quick legal advice
The military conflict in Iran and the related closures or restrictions on airspace in parts of the Middle East have led to flights being cancelled and diverted, even on routes where the region is “only” a hub. It is crucial for passengers to distinguish whether they have purchased a separate ticket or a package – the rules for refunds and care differ, although there are relatively strong rights under both regimes.
The following countries are currently affected by flight restrictions and cancellations:
But the situation is changing rapidly and needs to be kept under review, for example on the State Department website.
How do passengers’ rights differ in relation to the mode in which they purchased their ticket?
First, you need to distinguish whether your flight is covered by European passenger protection rules (EC Regulation 261/2004). These typically apply when the flight departs from the EU or arrives in the EU and is operated by an EU carrier. However, travel to the Middle East often involves non-EU carriers and/or departures from outside the EU – in which case the EU regime may not apply and the carrier’s conditions of carriage (or local law) will prevail. Even then, however, the carrier will usually offer at least one of the options (refund/rebooking) if the flight is cancelled, but the scope of obligations and enforceability may vary.
If the EU rules apply, you have the right to choose either a refund of the ticket price or a re-routing (alternative connection) to your destination if it is reasonably available in the situation. And if the cancellation means waiting for departure (typically at the airport), there is also a right to ‘care’ – i.e. refreshments, communication and, if necessary, accommodation and transfer.
Exceptional circumstances (vis maior) – for example, war, airspace closures or security risks – usually mean that there is no lump sum financial compensation “for cancellation”.
This does not mean that the carrier has no obligations: if the flight falls under EU rules, the right to a refund or re-routing and the right to care are not lost. For flights outside the EU regime, the carrier’s terms and conditions must be taken into account – some provide care and rebooking more widely, others much more narrowly; it is therefore reasonable to expect that claims may be different.
In practice:
In the case of a tour, the key provision is Section 2535 of the Civil Code: the customer may cancel before the tour starts without compensation if unavoidable and extraordinary circumstances have arisen at the destination (or its immediate surroundings) which have a significant impact on the provision of the tour or on the transport to the destination. In such a case, you are entitled to a refund of all payments made for the tour (without claim for damages).
If the tour is cancelled by the tour operator itself for the same reason, the customer will also receive a refund of all payments made. In practice, a change of dates or a different destination will often be offered, but a voluntary agreement must not “override” your basic right to a refund if the legal conditions are met.
The scheme is very specific: if, due to extraordinary circumstances, it is not possible to arrange the return as contracted, the organiser will bear the cost of the necessary accommodation, preferably equivalent, for a maximum of three nights per person (with exceptions, e.g. for people with reduced mobility, pregnant women, unaccompanied minors, etc.). In addition, the organiser is obliged to provide “help in case of difficulties” – information on health services, local authorities, consular assistance, assistance with communication and finding alternative solutions.
In the case of a separate ticket, the carrier’s obligation to provide care (including accommodation if necessary) during cancellation and waiting will again apply. If you are at a ‘transfer hub’ and the flight is part of a single booking, rights may also apply to connecting flights and disruption to the whole journey – the right is not always limited to the leg where the problem occurred.
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