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ANSWER · UK 261 AND EC 261

What is the difference between the refund and the re-routing after a cancellation?

Art. 8 gives the passenger the choice, not the airline. The options are a full refund of the unused parts of the ticket paid within seven days, re-routing to the final destination at the earliest opportunity, or re-routing at a later date of the passenger's convenience. Taking one of them does not settle an Art. 7 compensation claim.

REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026

The three options in Art. 8(1)

  • Reimbursement of the ticket at the price paid, for the parts not made and the parts already made that no longer serve a purpose, paid within seven days.
  • Re-routing, under comparable transport conditions, to the final destination at the earliest opportunity.
  • Re-routing, under comparable transport conditions, at a later date at the passenger's convenience, subject to seat availability.

How far the re-routing duty reaches

TAP settled in 2020 that offering the next seat in the carrier's own schedule is not automatically enough. The airline has to show it deployed all resources available to it, including flights operated by other airlines, unless doing so would be an intolerable sacrifice given the size of the operation.

What each option leaves open

OPTION TAKENCOMPENSATION CLAIMCARE DUTY
RefundUnaffectedEnds when you leave the airport
Earliest re-routingUnaffectedContinues until the replacement departs
Later date of your choosingUnaffectedThe airline's care duty stops once you choose to travel later
Art. 8 read with Art. 9. Compensation under Art. 7 turns on notice and cause, not on which Art. 8 option was taken.

THE JUDGMENTS BEHIND THIS ANSWER

TAP, C-74/192020

SOURCES

  1. Regulation (EC) No 261/2004, Art. 8 · EUR-Lex · checked 7 August 2026
  2. Case C-74/19 LE v Transportes Aéreos Portugueses, judgment of 11 June 2020 (ECLI:EU:C:2020:437) · EUR-Lex · checked 7 August 2026
  3. Regulation (EC) No 261/2004, Art. 9 · EUR-Lex · checked 7 August 2026

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