The government has announced Wales will go into the toughest level 4 lockdown restrictions earlier than planned, as well as a new tier level for England – with London and most of the south east placed under severe tier 4 restrictions. Much of England is now in tier 3 and 4, meaning most people cannot mix inside or holiday with other households.
Those falling under tier 4 restrictions, as of 00.01 on 20 December include: Greater London and the City of London, Buckinghamshire, Kent, Berkshire, Surrey (excluding Waverley), Gosport, Havant, Portsmouth, Rother and Hastings, Bedfordshire, Hertfordshire, Peterborough and Essex (excluding Colchester, Uttlesford and Tendring).
Those living in tier 3 and 4 areas should not travel around the UK. They are also not allowed to stay in other areas of the country. Plus, all hotels and B&BS in tier 3 and 4 areas will have to close – but you will be entitled to a refund.
Holidays can take place for those in tiers 1 and 2, however, those in tier 2 must stay only with other members of their household.
Tier 1, 2 and 3 residents can however mix with other households on Christmas Day – but no longer for the full five days promised. Tier 4 residents are not permitted to do so.
Scotland also follows a tiered system which has five levels ranging from 0-4. And whilst Christmas Day celebrations have not been cancelled, from 26 December, all of mainland Scotland will be placed under the toughest tier 4 restrictions. Additionally, Scots cannot travel to other parts of the UK over the festive period.
At 00.01 on 20 December, Wales will be placed into the equivalent of a national lockdown, with all areas placed into strict level 4 restrictions. Originally, Wales was going into lockdown on 28 December, but it has now been brought forward. However, the rules will be relaxed for Christmas Day itself. Northern Ireland’s national lockdown will start on 26 December, and non-essential shops will close after Christmas Eve.
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- Can I still take a UK holiday?
Yes if you live in a tier 1 or 2 area of England and are travelling to a tier one or two area.
Tier 3 residents should avoid travelling to other parts of the UK, including for overnight stays and tier 4 residents must stay at home, much like national lockdown orders. People in both tiers should not holiday or stay overnight elsewhere in the UK.
Mainland Scotland will be placed into level 4 restrictions from Boxing Day, meaning you cannot take a holiday anywhere in the UK.
Welsh residents will not be able to travel except for essential reasons as of 00.01 on 20 December.
If you have a holiday booked in a tier 1 or 2 area of England we believe you should be entitled to a refund.
Current England travel restrictions
Tiered restrictions came back into force on 2 December. These are on a regional level. Those in tier 3 should avoid staying elsewhere in the UK unless ‘necessary’ (such as for medical treatment or work). This means no staycations. Those in tier 4 must not travel outside of their local area, except for legally permitted reasons, such as work or education. You can stay overnight for a permitted reason such as needing accommodation for work purposes or to attend a funeral.
People in tier 1 and 2 areas should not travel to tier 3 and 4 locations – unless it is part of a wider journey – such as to travel abroad, or to reach another part of the UK.
Tier 1 restrictions: can I take a holiday?
Yes. Those under tier 1 restrictions can travel and mix with other households, meaning holiday cottage or other accommodation booked with another household can go ahead, with no more than six in one accommodation. The other guests must also be under tier 1 restrictions.
Tier 2: can I take a holiday?
Yes. Travel is allowed to and from tier 2 areas.
If going on holiday in the UK, you can only stay in accommodation with people you normally live with.
The government advises those from tier 2 areas ‘reduce the number of journeys you make’ but travel is permitted. As the government has only issued advice, you may not be able to get a refund.
Tier 3: can I take a holiday?
People living in tier 3 areas should not stay overnight anywhere else in the UK.
Additionally, accommodation in tier 3 areas, such as hotels, B&Bs, campsites, and guest houses, must close – but you will be entitled to a refund.
Which? believes people with bookings affected by tier 3 restrictions should be able to get a refund.
Tier 2 and tier 3 holiday rules explained – read our full guide
Tier 4 – can I take a holiday?
No. Those in tier 4 are under restrictions similar to that of a national lockdown. You therefore must not take a holiday elsewhere in the UK or abroad.
Which? believes you are entitled to a refund in this instance.
Can I take a holiday from or in Wales?
No. Wales will be under strict restrictions from 20 December. People must not travel into or out of Wales or outside of their local area except for essential reasons.
Can I take a holiday from or in Scotland?
First Minister Nicola Sturgeon has banned travel to and from England, Wales or Northern Ireland.
Within Scotland, regulations came into force on 20 November that restrict travel in or out of level 3 and level 4 local authority areas, except for essential purposes. Plus, holiday accommodation is only open in level 0, 1 and 2 areas.
Going on holiday, including abroad, is not a reasonable excuse to leave a level 3 or 4 area. However, those that live in a level 0 -2 area can travel overseas, even if it means you have to travel into a level 3 or 4 area to reach an airport, train station or ferry port. However, it is not advised.
From Boxing Day however, all of mainland Scotland will be under level 4 restrictions, meaning you will not be able to go on holiday in Scotland or the UK.
Can I get a refund for my UK holiday when lockdown restrictions prevent travel?
We believe that if you had booked accommodation and you are unable to travel due to government restrictions on travel, you should be entitled to your money back.
In tier 3 and 4 areas, holiday accommodation will be forced to close, so you will be entitled to a refund. You can choose to accept rebooking or a voucher, but you have the right to ask for a full refund.
Most major UK holiday companies are offering refunds to people who aren’t allowed to travel due to local lockdowns. Sykes Cottages, Hoseasons and Cottages.com, which were all criticised for refusing to refund customers during the nationwide lockdown earlier this year, say they will refund in these circumstances.
Sykes is offering refunds or an alternative holiday to those who can’t travel due to government restrictions for trips booked up 23 December and it says it will review this in line with government guidance. However, customers are reporting difficulty claiming refunds as they have to call Sykes to do so and its phone lines are often engaged.
If your provider claims the terms and conditions of your contract exclude refunds in this scenario, they could be challenged on the basis that they are potentially unfair. The Competition and Markets Authority (CMA) has previously stated that refunds should be paid to customers who cannot take up a service because of government regulations.
Will social distancing rules affect my holiday in England? The rule of six
Under tier 2 restrictions you will only be able to see people from your own household inside (and support bubble). This must be a maximum of six people. Under tier 1 restrictions you can meet other households inside if they are also from a tier 1 zone, but you still must stick to the rule of six.
These restrictions could affect a holiday you may have booked months ago before these rules were in place.
Will social distancing rules affect my holiday in Wales?
From 20 December this is not applicable, because Wales will be under level 4 restrictions.
Will social distancing rules affect my holiday in Scotland?
Currently, you should not enter Scotland without a reasonable excuse, so social distancing measures are irrelevant to holidaymakers from the rest of the UK.
If you reside in a level 3 or 4 area in Scotland, you are not legally allowed to leave your local area as of 20 November. You should also not enter the area except in exceptional circumstances.
Social distancing rules will affect you if you live in level 0, 1 or 2 areas. In level 0, you can holiday in self-catered accommodation with a group of up to eight people from up to three families. This number can be larger if you are holidaying with only your household or extended household. In B&Bs, only one extended household is allowed per room.
In level 1, you can stay with a maximum of six people from up to two households or extended households in private holiday accommodation. In B&Bs, you must stay with your own household or extended household.
In level 2 you should only stay with your household or extended household in self-catering accommodation. If you are staying with another household in a hotel or B&B you should not have more than one household (or extended household) staying in each room booked.
However from Boxing Day, all of mainland Wales will be under leavel 4 rules.
What if my accommodation booking breaks the rules?
You need to check the restrictions for the area you are travelling to and if your group consists of multiple households where this isn’t allowed you’ll have to reduce the number of guests or cancel.
In this instance, the bigger self-catering booking sites such as Sykes Cottages, Hoseasons and Cottages.com all say they will give customers the option of refunds, free changes or vouchers.
Sykes is however warning people not to cancel the booking themselves otherwise they’ll forfeit the right to a refund. It says it will contact customers in date order.
Hoseasons and Cottages.com, both part of Vacation Rentals, admit customers are struggling to get through to them on the phone due to ‘an unprecedented volume of calls’, so they are asking people only to contact them two weeks before their holiday.
Butlin’s, Haven and Center Parcs were also previously allowing free cancellations or changes for groups that don’t comply with the social distancing restrictions.
Private accommodation owners might take a different view. The government said it ‘encourages accommodation providers to offer alternative dates if this can be agreed with you’. If this isn’t possible, it says it encourages businesses to provide a refund, but says this may depend on the terms of the contract.
We believe you should be entitled to a refund for accommodation in England and Wales on the basis that if you went ahead with the booking you would be breaking the law. If your contract doesn’t specify what happens in these circumstances you should be entitled to most, if not all, of your money back; if the terms and conditions exclude refunds in this situation they could be challenged on the basis that they’re potentially unfair.
Will my travel insurance cover cancellation costs?
Most comprehensive annual travel insurance policies, especially those provided through bank accounts, will cover UK holidays and should include cancellation cover for trips booked before mid-March when coronavirus was declared a pandemic so it’s worth checking the wording of your policy. Standard annual policies are unlikely to cover UK travel and some insurers introduced COVID-exclusion clauses for trips booked after mid-March.
source https://www.which.co.uk/news/2020/12/new-coronavirus-restrictions-in-england-scotland-and-wales-what-it-means-for-holidays-in-the-uk/