UK travel ban Q&A: what new lockdown rules in England mean for holiday and flight refunds

The UK government has announced a new lockdown that will ban England residents from travelling abroad.  Overnight stays and holidays in the UK and abroad are not allowed from 5 November to 2 December.

These new rules only apply to England. Scotland, Wales and Northern Ireland have different regulations.

If you are in England and you have a package holiday abroad between 5 November and 2 December you will be refunded. Those with flight only bookings may not – as some airlines have previously only offered refunds for flights that are cancelled.

Use our UK holiday Q&A if you have a domestic trip booked.

Do I need to cancel my holiday or flight?

No. If you cancel your flight or holiday you will forfeit your right to a refund. It’s essential you wait to hear from your airline or holiday company. Most will deal with customers abroad first, then in order of departure date.

Should I come home early?

Not necessarily. The government doesn’t require you to as a result of the lockdown.

If you are on a package holiday, follow advice from your provider. Most holidays already underway are likely to be completed. Even if yours is cut short, your package holiday provider will be responsible for getting you home and providing a refund for the days you missed.

If you have a flight only booking things are more complicated. When the first lockdown occurred some airlines cancelled flights because flights leaving the UK were empty – it wasn’t profitable to operate. That left their customers abroad stranded. While airlines are legally responsible for getting you home if they cancel a flight, some airlines ignored this responsibility.

The best advice is to wait and see. For those flying home in the next few days you are likely to be fine, as flights continue. Those not due to depart until later may find their flight is cancelled. If that happens, your airline may offer you a refund. Refuse this. Instead, insist it gets you home on an alternate flight or, if that’s not possible, with another airline. If it refuses, book a flight home on a new airline and bill your original airline for the cost.

Will I get a refund for my package holiday? What have Tui and Jet2 Holidays said?

Yes. Tour operators will have to cancel trips between 5 November and 2 December as a result of the UK lockdown. How quickly you receive your refund will depend on who you booked with.

You are legally due a refund within 14 days of the cancellation. Many tour operators are now meeting this timeframe, although there may be some delays in the next few weeks due to the number of cancellations required. Tui, the UK’s largest tour operator, has already confirmed that alongside other options customers can choose a full refund that will be paid in 14 days. Jet2 Holidays has yet to make an announcement.

Some tour operators have done a poor job of refunding customers, with some waiting more than six months for their money. Online travel agents have proved especially hard to contact and slow to refund. Which? continues to receive many complaints about Loveholidays, Opodo and Lastminute.com.

Some holiday companies, previously forced refund credit notes onto customers and suggested they were following Abta guidance in not offering a cash refund. While Abta lobbied to replace cash refunds with refund credit notes, this failed and the government has not changed the law. Abta is now clear that customers retain the right to choose cash over a refund credit note.

Refund credit notes are financially protected, meaning you can later exchange them for cash even if the company goes bust.

Will I get a refund for my flight?

Possibly. If your flight is cancelled (and many will be), the airline must offer you a full refund. Some airlines may offer vouchers, but you have a legal right to a cash refund.

As airline vouchers are not financially protected, and most carriers attached lengthy terms and conditions to the vouchers we advise customers not to accept them.

You are legally due a refund within seven days of the flight being cancelled, although most airlines have broken this law in recent months. Some, like Ryanair and Virgin Atlantic have forced passengers to wait several months for a refund. If you have been waiting more than 30 days and still don’t have a date from the company when your refund will be paid, contact your debit card or credit card provider which can help with claiming your money.

Some flights will not be cancelled, as essential travel for work purposes can still take place. Previously, airlines have reused to refund passengers when the flight is still operating even though they can no longer travel . Some have offered vouchers or rebooking instead, others, like Ryanair have stated that normal terms and conditions apply.

The lockdown rules mean travelling for leisure would break UK law. On this basis, Which? believes customers are entitled to a refund. In May Which? reported Wizzair to the Civil Aviation Authority (CAA) and flagged the case to the CMA. CMA guidelines say that in most cases a customer should be due a full refund, even if a customer cancels because government public health measures mean they’re not allowed to use the services. Neither regulator took any action.

Practically you are likely to have to fight the airline through your credit or debit card provider or in court. You may prefer to accept rebooking or a voucher, if this is offered.



source https://www.which.co.uk/news/2020/10/uk-travel-ban-qa-what-new-lockdown-rules-in-england-mean-for-holiday-and-flight-refunds/
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