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FAQs on holiday disruption during the COVID-19 pandemic

The coronavirus pandemic has disrupted travel around the globe and the holiday industry came to a standstill. As we move out of lockdown, some travel restrictions are being lifted but unsurprisingly, many holiday makers remain reluctant to travel.

Below we respond to frequently asked questions from anxious travellers about cancelling holidays.

I have booked a summer holiday. Should I cancel it?

The Foreign & Commonwealth Office (FCO) currently advises against all non-essential overseas travel for British nationals for the foreseeable future. However, the advice does not extend to some countries. The full list of exempt countries and territories can be viewed on GOV.UK.

My holiday has not been cancelled but I do not want to travel. Can I cancel and get a refund?

If you're thinking of cancelling as you do not want to travel, be careful. Unless your agent or airline has a flexible cancellation policy, if you choose to cancel, that's known as 'disinclination to travel' and you aren't entitled to money back.

Whilst it seems daunting, you should wait for the agent to cancel and, if it does, you will be due a refund. Even if it doesn't cancel, if the Foreign Office still advises against travel to your destination when you're due to travel, as long as you bought insurance before coronavirus became a 'known event' on 13 March 2020, most will cover you.

However, if you do not want to go but would like to travel in the future, most agents are offering to move travel dates.

If my holiday is cancelled, can I get a refund?

If the holiday you booked is cancelled you should be entitled to a refund. If you booked activities as part of the holiday and both the holiday and the activities are cancelled, you should also be entitled to a refund. Some firms may also offer a credit note, perhaps with an increased value, so it is worth discussing the options with your agent. If refused, we would advise you to seek legal advice to discuss your particular circumstances.

I have been offered holiday vouchers or credit note. Is this legal? Can I refuse and demand for a refund?

If you booked a holiday and it is cancelled you may be offered a voucher or credit note. You are not obliged to accept it and are entitled to receive a refund should you choose to. The refund should usually be provided within 7 days but, under current circumstances, it is reasonable to allow the agent slightly more to time to provide the refund.

What if I haven’t paid for the holiday in full yet?

If the holiday is likely to be cancelled you should not be expected to make the full payment, only for you to be refunded shortly afterwards. Many agents are offering this without customers having to contact them, but this is changing on a daily basis. However, if the holiday is few months away and you have contractual commitments, you are likely to be liable to pay. It is advisable to speak with the agent to try to negotiate delaying the payment or seek legal advice on your specific situation.

What if the agent/holiday company collapses? What are my rights and what should I do about my holiday booking?

If you booked a package holiday you should be protected and details on making a claim should be laid out in the ATOL Certificate provided to you at the time of booking your holiday. Also, if you paid by credit card and your holiday is more than £100 you may be able to make a claim against the credit card, commonly known as a s75 claim. Similar protection applies if you paid on debit card but, you should contact your bank about this.

 

 

 

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.