Tour operators and airlines are refusing to refund holidaymakers who can no longer travel because of new coronavirus restrictions, including tens of thousands of people living in locked down areas of Wales.
Jet2holidays, Tui and easyJet told us that it will waive its amendment fees for customers who want to postpone their trips if local lockdowns prevent them from travelling, but they won’t give refunds or even vouchers.
British Airways’ customers can postpone their trips or take vouchers, but the airline isn’t issuing cash refunds either.
This means that customers either have to re-arrange their holidays, which in some cases will mean paying more money if the new dates are more expensive, or lose what they’ve already paid.
In England and Scotland, holidaymakers are unlikely to be entitled to refunds because the restrictions don’t ban overseas travel.
But in areas of Wales where tougher restrictions prevent travel without a ‘reasonable excuse’, we believe people should be fully refunded for holidays they are unable to take, if their terms and conditions don’t say what would happen in a lockdown. Companies that refuse refunds by referring to their T&Cs may then be challenged on the basis that those terms are potentially unfair.
Find more unbiased advice on travel and the coronavirus, award-winning investigations and legal advice on holiday refunds and cancelled flights with Which? Travel
Can I still go on holiday if I live in England?
Additional coronavirus restrictions have been introduced across 55% of the north including Merseyside, Northumberland and parts of Greater Manchester, and across 22% of the Midlands including Birmingham and Leicester, but these don’t prevent people from going on holiday. The government has simply advised that if they do, they should only travel with people in their household or support bubble and follow the rules of the country they are in.
Tour operators and airlines are insisting that normal cancellation penalties will apply in these circumstances. As the government hasn’t banned travel, holidaymakers are unlikely to be able to insist on free cancellations.
Can I still go on holiday if I live in Scotland?
In Scotland, people living in areas with additional restrictions, including Glasgow city, East and West Dunbartonshire and Renfrewshire can still go on holiday including overseas, although in an address to the Scottish Parliament this week First Minister Nicola Sturgeon asked all families in Scotland not to book holidays abroad during the October school break unless ‘essential’.
Again, tour operators and airlines aren’t offering free cancellations to holidaymakers from Scotland, saying that normal terms and conditions apply. Although the government has advised people not to book holidays, in the absence of an outright travel ban they’re unlikely to be able to claim free refunds.
Can I still go on holiday if I live in Wales?
Some areas of Wales are subject to tougher lockdown measures which mean that if you live in Rhondda Cynon Taf, Caerphilly, Merthyr Tydfil, Bridgend, Blaenau Gwent and Newport you can’t travel outside these areas without a ‘reasonable excuse’. A Wales government spokesperson told us a pre-booked holiday would not be considered a reasonable excuse, so if you do go on holiday you could be fined.
Even so, airlines and tour operators are not allowing free cancellations, saying that if the holiday goes ahead and the customer cancels, normal penalties apply. However, Which? believes that since government restrictions prevent people from travelling they should be entitled to a refund where the terms and conditions are silent about what should happen in a lockdown.
Even where tour operators introduced clauses to new contracts after the start of the pandemic to exclude refunds due to local government lockdowns, Which? believes these could be challenged on the basis they are potentially unfair. This was done successfully with holiday cottage providers who refused refunds in the UK’s original lockdown.
I’m not allowed to take the holiday I’ve booked, what are my options?
Jet2holidays, Tui, British Airways and easyJet told Which? that they aren’t refunding clients who can’t travel because of the new coronavirus restrictions, but they will waive amendment fees for customers who want to switch to any other holiday currently on sale, including next year. BA is offering free changes or vouchers.
Customers will still have to pay any price difference, and in some cases this will mean paying more. Alternatively, Tui says customers can switch to a cheaper holiday and it will refund the difference.
EasyJet customers must call the airline’s customer services to amend their booking for free, but one customer told us they quoted him £89 more to change his flight than the fare quoted online. EasyJet told us their fares should be the same, online and over the phone, and the customer was offered a free transfer after Which? raised his case with the airline.
I want to cancel, will my insurance cover the cost?
You need to check your policy but many of those sold after mid-March exclude cover for travel disruption caused by government restrictions.
A spokesperson for the Association of British Insurers said travel insurance might cover non-refundable cancellation costs in specific circumstances, such as a change in Foreign Office advice, but that might not be the case here.
They said: ‘It is important to note that many policies taken out or renewed, or trips booked, after the pandemic was declared are likely to exclude cancellation due to coronavirus as it was a known risk when the policy was taken out or trip was booked.’ They said a refund should be sought in the first instance from the airline, accommodation provider or tour operator.
‘Following that, any bookings done through a credit card may also be able to have costs recovered through Section 75 of the Consumer Credit Act or via a chargeback claim,’ they added.
source https://www.which.co.uk/news/2020/09/lockdown-restrictions-in-wales-scotland-and-england-can-i-get-a-refund-on-my-holiday/