Consumer Advice
Your Legal Rights When It Comes To Refunds On Holiday Bookings
Free, practical consumer advice and information on the coronavirus pandemic for the citizens of Scotland
The Foreign and Commonwealth Office (FCO) has advised against all but necessary travel to foreign countries, towns and locations. This entails two main travel advisory notices: 1. If you are abroad, return to the UK as shortly as possible if commercial flights are still accessible 2. If you are currently in the UK, don’t travel to foreign countries except if it is utterly indispensible Various airlines are now stating cessations of flights and the grounding of aircraft after the announcement that several countries are implementing ‘lockdown’ of borders and the constraint of movement to lower the increase of the virus.
The Government has proclaimed a affiliation with airlines to organise special chartered planes. These will return residents that are currently stranded abroad. Further information will be issued by the government’s travel advice, all British embassies and all British high commissions. A devoted travel supervision firm will be employed for stuck nationals to reserve and pay for the flight back home.
More information on travelling abroad and current government suggestions are accessible at www.gov.uk/foreign-travel-advice Customers who are yet to fly to their region – Entitled to a repayment or, in some cases, the choice to rebook for some other date.
Flight and Holiday Cancellations
Flights being part of a package holiday
Entire expense of the holiday will be refunded. This is happening certainly for some customers, but patrons can get in touch with the company that they booked through for additional clarification.
Hotel and Flights reserved independantly
Patrons are advised to contact their hotels, requesting a compensation/modification in dates. Several airlines are permitting travellers to rebook flights for free.
In circumstances where the hotel and location are operational, and the booking is non-refundable, then travellers may miss out.
Travel Insurance policies
Patrons are recommended to check the specifics of travel insurance policies that they have procured. These may extend financial reimbursement in situations where other means do not.
If patrons have arranged travel to infected areas after a caution was announced in the region, then there is a risk that any insurance policy may be discredited by this. Patrons are advised to ensure the details of their insurance policies and if at all uncertain, contact their insurance company promptly for more information.
New travel insurance policies
In light of present happenings, several insurance companies have stopped selling new travel insurance plans and, in several conditions, have altered cover as a result of the coronavirus epidemic. The Association of British Insurers has declared that travel insurance is a product meant to be used in unprecedented circumstances, and owing to the present condition, issues surfacing as a result of coronavirus are no longer deemed ‘unforeseen’.
Already in a foreign country and no channels of getting back to the UK – Airlines have a obligation of worry to those passengers abroad if they have cancelled a return flight. The airline must furthermore pay for any extra expenses for housing and any food essential. For those customers who have taken a repayment, then the responsibility of care ends here. It is then the obligation of the traveller to arrange travel back to the UK.
In situations where neither of the above is conceivable, or where customers feel stuck, they are recommended to contact the embassy in their current location to seek more support. Individual embassy locations can be found by visiting www.gov.uk/world/embassies and searching depending on your destination.
Travellers choosing to cancel their travel plans
If there has been no warning issued in relation to a destination that the consumer chooses to journey to, and the traveller chooses to abandon their plans, then there is no guaranteed right to compensation.
Customers are advised to check policy and booking confirmation specifics and to contact their insurance/travel source if clarification is required or a reimbursement due. If you belive that your customer rights have been violated, you can contact consumeradvice.scot for more information and assistance.
Events and Entertainment
Cancelled events
If the tickets to an event such as a concert or sports event have been cancelled, and these have been reserved via an certified booking site, then you should normally obtain a reimbursement.
The Society of Ticket Agents and Retailers (STAR) is the industry’s self-regulatory association and as such, oblige firms listed with them to repay the ticket’s face value cost when an event is cancelled. This does not comprise the fee incurred for delivery.
It is suggested that for any other ticket retailer, the particular company terms and conditions are checked. For resale sites and other events, the business who firstly sold the tickets should be contacted in the first case to ask for repayments. There may also be the choice to rebook at a later date if the event is being rearranged.
Rescheduled events
Original tickets should be held until a postponed or changed date is revealed. If there is an problem with the date that the event or concert has been postponed to is unsuitable, then a reimbursement can be asked for through the original booking company.
As with cancelled events, this may not comprise the charges paid for booking fees or delivery.
Specific events may differ, contingent on the terms and conditions of the planner.
Patrons choosing not to show up – If consumers choose not to concerts or sporting events, but the event is still going ahead, there is small chance of getting money back.
Cinema cessations
Quiet a few of the big film franchises have stated that they will be closing all their screens in the UK until further announcement. For consumers who have already bought tickets, refunds or the option to postpone this to a later date (if possible) are available.
A few of the greater franchises with loyalty cards and monthly membership are advising that monthly payments will carry on, with a view to offering the ‘time back’ once facilities restarts as usual. Others are advising that they will be pausing payments for memberships. Consumers are recommended to watch on the websites and social media updates from the cinema that they have booked through.
Obtaining back hotel and travel costs
If an event is cancelled due to the coronavirus outbreak and there have been expenditures paid for hotels and travel, then the companies for each of these should be contacted for more information on refunds.
Individual terms and conditions may alter, but possibilities may be advanced to delay or rebook on an alternative date due to present conditions.
As a side note, if the hotel or travel provider is incompetent to offer the facility due to the coronavirus epidemic, then a repayment should be paid. Bookings for marriages and special functions
Marriages and special occasions could possibly be afflicted by the coronavirus outbreak. If the company or venue catering the service or arranging cancels, then a repayment should be arranged for everything that has been cancelled. For those with wedding protection, terms and conditions should be conferred for anything that can be obtained back. If it is the buyer, or individual who has reserved the event that is deciding to cancel or rearrange the event, then some fees might apply. Negotiation and discussion with the coordinator around rescheduling the event is key.
For whatever that has previously been paid in terms of deposits that cannot be repaid, the coordinator should define in detail the basis why a refund is not conceivable, comprising any costs they have incurred that are being passed on to the customer.
Consumer rights and useful legislation
Section 75 of the Consumer Credit Act protects consumers for orders made on credit cards in excess of £100. This makes the credit card company ‘joint and severally’ accountable when a service or product that has been paid for cannot be provided.
For purchases under £100 made on a credit card, or those made on a debit card, consumers can contact their bank and try to make a claim through the ‘chargeback scheme’. This cannot be imposed by law, and the provision of this plan is at the discretion of the bank or building society.
Consumer rights are the same during the coronavirus pandemic. A few delivery firms have announced delays on uneeded items for transporting medical items and vital goods. For extra information on orders already placed or delays experienced, the firm delivering the items should be the initial contact point.
We have detailed the main consumer rights legislation that is applicable in various circumstances mentioned below.
Nevertheless, a complete guide to consumer rights, including different aspects, is accessible by checking out consumeradvice.scot knowledge centre: https://www.consumeradvice.scot/knowledge-centre/
Consumer Rights Act 2015 – Faulty Goods – Repair or Replace
When purchasing merchandise from a trader, the Consumer Rights Act 2015 states they must be:
- Of acceptable quality (free from any faults / damage and long-lasting)
- As the traderdescribed
- Just like any sample shown
- Exactly like any model shown Fit for the purpose made known to the agent
When asking for replacement or repair in the first 30 days, then the shopper enters the wait period with the remaining thirty days (minimum of 7 days) resuming after repair or replacement.
Buyers who think that any of the above don’t fit for their items and have exceeded the initial 30 days after purchase, can be eligible for replacement or repair which is –
- Free of charge
- Repair should be long term
- Replacement should be exact same
- Within practical time frame
- Without causing significant difficulty
In case a repair/replacement isn’t possible then they might instead be permitted to:
- Keep the products for a reduced rate
- Return back the products for a reimbursement (full repayment within 6 months or partial refund after or if a vehicle)
Private Sales – Sale of Goods Act 1979
If something is bought from a private seller, the consumer is insured by the Sale of Goods Act 1979 which claims the merchandise must suit the explanation given by the seller. This incorporates:
- Any description in an advert
- Any description provided in an email or text Any description during chats on the call or personally
If the buyer believes that the items do not go with the seller’s description, then they may be entitled to;
- A full reimbursement if the items haven’t been accepted (not used and issue noted instantly)
- Loss – a monetary amount to apy for mending or the difference between what amount was paid and what the products are actually worth
The burden of proof is on the buyer to prove that the goods do not match the sellers description, which can be difficult if the description was given verbally.
Rail companies and travel services have different rules about refunds of tickets affected by the coronavirus pandemic.
Scotrail are offering refunds on numerous train ticket types. Their process has changed slightly because of the circumstances, and an administration charge might apply, depending on the type of ticket.
A useful guide to refunds that are offered from Scotrail can be found here: https://www.scotrail.co.uk/plan-your-journey/refunds Those people who have planned a trip which is no longer needed or have booked travel to a annulled occasion should contact the travel service for more details on their individual terms and conditions, as well as refund guidelines.
Although the Government has recommended that everybody in a foreign country must come back to the UK, many are yet trapped without any means to get home.
The Government has implemented measures like especially chartered flights to help bring citizens home, but this might take some time. Meanwhile, they have made a lot of recommendation about what people who are stranded in a foreign land need to do.
If somebody suffers or feels they are infected by coronavirus
The authorities of both the area and nation in which the customer is residing will give advice and guidance on what to do if somebody has, or feels that they have, coronavirus. Additionally, the resident should seek medical help and self-quarantine.
The NHS have compiled a guide on symptoms that are normally displayed when a person is suffering from coronavirus. This is available at:
https://www.nhs.uk/conditions/coronavirus-covid-19/symptoms-and-what-to-do/
The embassy or consulate in the region where the UK citizen stays can be used to get in touch with the local authorities. For additional info on embassies, or to find the nearest one to you, please call on 0207 008 1500, or otherwise click:
https://www.gov.uk/world/embassies#
If a visa is coming to an end quickly
If a visa is coming to an end, the actions mandatory will depend upon the region that the UK citizen finds themselves. If in doubt, check out the travel advice for that nation from the UK foreign and commonwealth office. This guide can be located by checking out:
https://www.gov.uk/foreign-travel-advice
Moreover, the local embassy or consulate can be used to contact the local authorities. For additional details on embassies, or to locate the nearest one to you, please call on 0207 008 1500, or instead visit:
https://www.gov.uk/world/embassies
If a inexpensive flight to home cannot be found
The travel company should be contacted in the first instance for additional details on flying back home. They may be able to delay or reimburse payment for the trip to home town.
People having travel insurance should get in touch with their service provider because the cover will be extended by 2 months if those travelling are making every effort to return home. Those who cannot afford travel can also see if their credit card insurance applies.
UK citizens who are stranded must even keep themselves informed on the announcements from local travel firms.
It is essential to contact family and friends to make sure they are aware that everybody in the party is safe. If possible, they might transfer money to those stranded to pay for transport home.
Employment & benefits / monetary support
There is even the choice for those trapped to contact their employer and ask for advance payment of their salary to pay for travel home. The UK government can even provide monetary assistance in certain circumstances. More info can be read on www.gov.uk
If money is over, or people stranded do not have somewhere to stay, or access to food / water / medical supplies
The UK Government has promised to ensuring that British citizens abroad have access to accommodation, medical essentials, water and food.
If cash is over whilst stranded abroad, The UK Government can also offer financial help in some circumstances. Additional info can be accessed on www.gov.uk.
If the trapped passenger has to take care for somebody in the UK
If the citizen is stranded abroad, they should ensure that anybody they are taking care of is looked after. If somebody else is taking care of this person, they may be requested to continue to do this until they fly back to the UK.
They may request family or friends to take care of this person until they return.
If no option is available, the home local authority should be contacted for further suggestion and help.
If the stranded passenger has tension regarding their employment or self-employment
If they are working, they should be in touch with their boss wherever possible to keep them updated about their condition.
If they are doing a job, they can still be furloughed under the job retention scheme. If they are self-employed, they can make an application for the self-employment income support scheme.
Perks or state pension while trapped abroad
The trapped person will still attain Universal Credit, Housing Benefit and Pension Credit if they are in a foreign land for around 4 weeks.
In the case of Personal Independence Payment (PIP), Disability Living Allowance (DLA) and Carer’s Allowance, each person is payable for thirteen weeks while abroad.
The State Pension will be paid regardless of how long the citizen stays in a foreign country.
Any questions or doubts about benefit payments while in a foreign land can be answered by the Department for Work and Pensions (DWP), who can be contacted by calling or checking out:
https://www.gov.uk/claim-benefits-abroad
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