Can I get a refund and compensation for the same cancelled flight?

Two rights, two purposes

The refund puts you back where you started financially. The compensation is a standardised sum for lost time, which is why it is set by distance rather than by fare. Nelson described that lost time as an inconvenience distinct from damage, which is precisely why it sits outside the Montreal Convention.

What a refund settlement can affect

• A refund paid under Art. 8 does not reduce the Art. 7 sum.
• A settlement agreement you signed that expressly releases all claims arising from the flight is a different question, and turns on what the document says.
• A voucher accepted in place of a cash refund often carries terms that go further than the refund itself.

What sits outside both

Consequential losses such as a missed hotel night or a pre booked tour are not covered by Art. 7 or Art. 8. Art. 12 preserves the right to claim further compensation under national law or the Montreal Convention, but Sousa Rodríguez holds that Art. 12 cannot be used to recover the care costs the airline should have paid under Articles 8 and 9.

THE JUDGMENTS BEHIND THIS ANSWER

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