Travel plans in chaos... your rights
THE CORONAVIRUS CRISIS HAS THROWN TRAVEL PLANS INTO CHAOS. WHAT ARE YOUR RIGHTS TO CLAIM BACK THE CASH OR REARRANGE TRIPS?
ONE major casualty of the coronavirus pandemic has been the travel industry, with planes grounded, hotels closed, and holiday plans in chaos. Customers are understandably laying siege to tour firms and airlines to get their money back, but beleaguered companies are still waiting to get their own refunds from foreign hotels and resorts, handling agencies and the airlines (it’s like a house purchase – there’s a chain).
Here, we ask the experts to help answer the most common travel qestions.
My flight is cancelled and the airline is offering vouchers. Must I accept them?
TRAVEL law expert Clare Campbell, from lawyers Leigh Day, says: “You are entitled to either a full cash refund or an alternative flight to your destination. You are not obliged to accept vouchers.
“Technically the refund is meant to be paid within seven days of the cancellation notification but the process is taking much longer.
“Persevere, because the law is clear and on your side. If you are unable to reach the airline either by phone or their website, you can put your complaint in writing and quote Article 5 1(a) and Article 8 1(a) of EC Regulation 261/2004.
“If the airline fails to respond or continues to refuse payment, you are entitled to issue small claims court proceedings (for sums under £10,000).”
■ For more information see leighday.co.uk
What if my flight isn’t cancelled because I’m travelling later? “IT may be better to either reschedule, if this can be done through the same airline without paying a re-booking fee, or wait for the airline to contact you advising you that the flight is cancelled because the pandemic is ongoing,” advises Clare. What if I have booked a package holiday? IF YOU have booked a regulated package, your rights should be straightforward given the Package Travel Regulations 2018. Holidaymakers are entitled to a full refund within 14 days of the cancellation being known. Given the advice from the Foreign Office, consumers whose package holidays are booked to take place during the current lockdown should also be entitled to their money back.
Most tour operators have announced cancellations up until mid-may 2020, so if you fall into this category you should be getting your refund. We are, however, in extraordinary times and many tour operators are refusing refunds and instead offering consumers refund credit notes, sometimes with up to 20% discount “booking incentives”.
It is up to individuals if they want to accept this offer – but the law is clear, you are entitled to a cash refund if this is your preference. Again, if you are unable to get in touch with your tour operator or are dissatisfied with the response, complain in writing and quote the Package Travel Regulations 2018. If this doesn’t work then, again, you can take them to court.
I have paid my deposit for my holiday in July, but should I pay the rest? MONEYSAVING expert Martin Lewis says: “Sadly, there is no right answer here – all I can do is help you weigh it up.
“If you pay up, we hope you’ll go ahead and have a wonderful holiday, but there’s a very plausible chance that may not happen. “If it’s a package holiday and the firm cancels, you’re due a full refund. “If the holiday’s available but the Foreign Office is still warning against all but essential travel, provided you got travel insurance before they stopped covering coronavirus, you can likely claim. “But if the Foreign Office travel restrictions are lifted but you choose not to travel, you won’t be covered. “If you don’t pay up, then you’re the one essentially cancelling the holiday, not the firm, so you’d likely lose the deposit. “Even then, if the deposit is small and the balance large, and you think you’re very unlikely to travel, taking this hit may be an easy option. “Unfortunately, there’s no correct decision here without a crystal ball, so do what makes you feel most comfortable, and if it’s in the balance, maybe factor in the impact on the travel firm too.” ■ For more of Martin’s travel advice, head to Moneysaving Expert.com
It may be better to either reschedule... or wait for the airline to contact you advising you that the flight is cancelled because the pandemic is ongoing...travel law expert Clare Campbell on what to do if your flight has yet to be cancelled
I have booked a holiday in June with Tui, but I am not sure if it will go ahead. What should I do?
TUI has extended the suspension of its holidays up to and including June 11, and warned customers wanting cash refunds that their call centres are “incredibly busy”.
Tui also cancelled its Marella Cruises sailings up to the end of June, and postponed its river cruises until late November.
The firm told affected customers that they will receive a refund credit for the full value of their holiday.
This can be used to book another trip taking place before the end of October 2021.
Package holiday customers will receive an additional credit worth up to 20% of their booking.
Tui said customers who are “unable to accept” a refund credit can apply for a cash refund, but warned there may be a long wait.
What happens if my holiday firm goes bust?
IF the operator does collapse and you have a package holiday booked, check to see if you have ATOL or ABTA protection. If you do you will get a refund.
If not, you will have to rely on your bank for a chargeback or Section 75 protection.