Consumer Advice
Coronavirus - Your Rights As An Consumer
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 essential travel to foreign land, towns and regions. This comprises two key travel recommended notices: 1. If you are in a foreign country, return to the UK as shortly as possible if commercial flights are still accessible 2. If you are presently in the UK, do not travel to foreign land except if it is absolutely essential Several airlines are now declaring terminations of flights and the grounding of aircraft after the declaration that various countries are putting into effect ‘lockdown’ of borders and the constraint of movement to slow the increase of the virus.
The Government has declared a partnership with airlines to plan special chartered planes. These will bring back citizens that are currently stuck abroad. Additional information will be issued by the government’s travel advice, all British embassies and all British high commissions. A dedicated travel supervision firm will be employed for marooned citizens to book and pay for the flight back home.
Further details on travelling abroad and current government recommendations are offered at www.gov.uk/foreign-travel-advice Patrons who are yet to fly to their destination – Due a repayment or, in some cases, the possibility to rebook for alternative date.
Flight and Holiday Cancellations
Flights being part of a holiday package
Whole cost of the holiday will be repaid. This is happening automatically for some consumers, but consumers can contact the company that they made reservations through for additional explanation.
Hotel and Flights booked independantly
Consumers are suggested to get in touch with their hotels, asking for a compensation/adjustment in dates. Various airlines are letting travellers to rebook flights for free.
In conditions where the hotel and location are open, and the booking is non-refundable, then travellers may miss out.
Travel Insurance policies
Customers are recommended to certify the particulars of travel insurance policies that they have procured. These may extend financial reimbursement in situations where other means do not.
If consumers have organised travel to affected zones after a warning was announced in the area, then there is a risk that any insurance policy may be discredited by this. Consumers are recommended to check the specifics of their insurance policies and if at all uncertain, contact their insurance company directly for extra information.
New travel insurance policies
In light of recent affairs, various insurance companies have stopped selling new travel insurance plans and, in some circumstances, have altered cover as a consequence of the coronavirus pandemic. The Association of British Insurers has declared that travel insurance is a product meant to be utilized in unforeseen situations, and due to the present condition, issues arising as a outcome of coronavirus are no longer regarded ‘unforeseen’.
Already overseas and no means of getting back to the UK – Airlines have a responsibility of care to those travellers overseas if they have stopped a return flight. The airline ought to moreover pay for any further charges for accommodation and any food required. For those consumers who have received a refund, then the duty of worry ends here. It is then the responsibility of the passenger to organise travel back to the UK.
In conditions where neither of the above is probable, or where consumers feel trapped, they are advised to contact the embassy in their current location to get further help. Individual embassy locations can be acquired by visiting www.gov.uk/world/embassies and searching depending on your destination.
Consumers opting to cancel their travel plans
If there has been no notice issued in regard to a country that the consumer chooses to go to, and the customer chooses to call off their plans, then there is no certain right to compensation.
Customers are urged to verify policy and booking confirmation details and to contact their insurance/travel source if explanation is required or a reimbursement due. If you belive that your consumer rights have been violated, you can contact consumeradvice.scot for more information and guidance.
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 through an authorised booking site, then you ought to genrally get a reimbursement.
The Society of Ticket Agents and Retailers (STAR) is the industry’s self-regulatory organisation and as such, require firms listed with them to reimburse the ticket’s face value cost when an event is cancelled. This does not comprise the fee paid for delivery.
It is advised that for any other ticket merchant, the specific company terms and conditions are consulted. For resale sites and other events, the business who formerly sold the tickets should be contacted in the first instance to request reimbursements. There may also be the option to rebook at a later date if the event is being rearranged.
Postponed events
Original tickets should be retained until a rescheduled or altered date is announced. If there is an issue with the date that the event or concert has been postponed to is unsuitable, then a reimbursement can be requested via the original booking company.
As with cancelled events, this may not comprise the fee paid for booking fees or delivery.
Specific events may differ, depending on the terms and conditions of the planner.
Consumers choosing not to be there – If consumers choose not to concerts or sporting events, but the event is still going ahead, there is small likelihood of getting money back.
Cinema cessations
Numerous of the greater movie chains have announced that they will be closing all their screens in the UK until further notice. For patrons who have already bought tickets, repayments or the option to reschedule this to a later date (if possible) are presented.
A few of the bigger franchises with loyalty cards and monthly membership are advising that monthly charges will resume, with a view to imparting the ‘time back’ once facilities resumes as regular. Others are instructing that they will be stopping payments for memberships. Patrons are advised to watch on the websites and social media apprises from the cinema that they have booked through.
Claiming back hotel and travel charges
If an event is terminated due to the coronavirus epidemic and there have been charges paid for hotels and travel, then the businesses for all of these should be contacted for more information on repayments.
Seperate terms and conditions may differ, but options may be proposed to reschedule or rebook on an alternative date due to recent conditions.
As a side note, if the hotel or travel provider is unable to deliver the service due to the coronavirus pandemic, then a reimbursement should be paid. Reservations for weddings and special events
Weddings and special functions could probably be affected by the outbreak of coronavirus. If the company or venue catering the ceremony or organising cancels, then a repayment should be organised for whatever has been cancelled. For those with wedding insurance, terms and conditions should be consulted for whatever that can be retrieved back. If it is the consumer, or person who has reserved the event that is deciding to cancel or rearrange the event, then some charges may apply. Negotiation and discussion with the coordinator around rescheduling the event is key.
For whatever that has already been paid in terms of deposits that cannot be refunded, the coordinator should outline in detail the reason why a repayment is not conceivable, comprising any costs they have sustained 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, clients can contact their bank and try and make a claim through the ‘chargeback scheme’. This cannot be imposed by law, and the provision of this scheme is at the discretion of the bank or building society.
Consumer rights are unaffected during the coronavirus pandemic. A couple of delivery companies have declared delays on non-essential goods for shipping medical supplies and vital items. For additional information on orders already placed or delays experienced, the business delivering the goods must be the initial contact point.
We have explained the important consumer rights legislation that is valid in different situations below.
However, a more inclusive guide to consumer rights, including different aspects, is accessible by going thorugh consumeradvice.scot knowledge centre: https://www.consumeradvice.scot/knowledge-centre/
Consumer Rights Act 2015 – Faulty Goods – Repair or Replace
While purchasing products from a trader, the Consumer Rights Act 2015 states they must be:
- Of satisfactory quality (free from any defects / damage and durable)
- As the traderdepited
- Exactly like any sample shown
- The same as any model shown Perfect for the purpose made known to the dealer
When asking for repair/replacement within first thirty days, then the shopper enters the wait period with the remainder of the 30 days (minimum of 7 days) resuming after repair/replacement.
Buyers who think that anything mentioned above don’t apply to their products and have gone beyond the initial 30 days after purchase, may be eligible for repair or replacement that is –
- Free of charge
- Repair should be long term
- Replacement should be exact same
- Within realistic timescale
- Without leading to considerable trouble
If a repair or replacement isn’t possible then they may rather be permitted to:
- Keep the products for a reduced rate
- Return the goods for a repayment (complete refund within six months or partial repayment after or if a vehicle)
Private Sales – Sale of Goods Act 1979
Whenever something is ordered from a private seller, the buyer is covered by the Sale of Goods Act 1979 which states the products must go with the description provided by the seller. This comprises:
- Any description in an ad
- Any description given in an e-mail or text Any description during discussions on the call or in person
If the buyer feels that the items do not match the seller’s description, then they could be eligible for;
- A total refund if the items have not been accepted (not used and issue noted immediately)
- Loss – a monetary amount to apy for mending or the difference between the amount that was paid and what the products are really worth
The trouble of proof is on the purchaser to confirmverify that the goods do not go with the sellers description, which could be hard if the description was delivered in words.
Rail companies and travel providers have different rules about refunds of tickets affected by the coronavirus crisis.
Scotrail are providing refunds on many train ticket types. Their process has changed a bit because of the situation, and an administration charge might be imposed, depending on the ticket type.
A useful guide to refunds that are offered from Scotrail can be seen here: https://www.scotrail.co.uk/plan-your-journey/refunds Those people who have planned a trip which is no longer required or have booked travel to a cancelled occasion should contact the travel provider for more info on their individual conditions, along with refund policies.
Though the Government has Informed that everyone in a foreign land must come back to the United Kingdom, many are still stranded without any means to come back home.
The Government has implemented steps such as especially chartered planes to help get citizens home, however this might take time. In the meantime, they have made numerous suggestions about what people who are stuck abroad need to do.
If somebody suffers or feels they have coronavirus
The authorities of both the area and country in which the customer is residing will give suggestion and help on what to do if someone has, or thinks that they have, coronavirus. Also, the citizen should seek medical help and self-isolate.
The NHS have put together a guide on symptoms that are typically revealed when someone is suffering from coronavirus. This is listed 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 resides can be used to get in touch with the local authorities. For more info on embassies, or to find the closest one in your area, please contact 0207 008 1500, or instead visit:
https://www.gov.uk/world/embassies#
If a visa is coming to an end soon
If a visa is expiring, the measures necessary will depend on the region that the UK citizen finds themselves. If in doubt, check out the travel advice for that country from the UK foreign and commonwealth office. This guide can be found by visiting:
https://www.gov.uk/foreign-travel-advice
In addition, the local embassy or consulate can be used to get in touch with the local authorities. For more details on embassies, or to locate the one in your vicinity, please call on 0207 008 1500, or otherwise check out:
https://www.gov.uk/world/embassies
If an affordable flight to home cannot be found
The travel company should be contacted in the first instance for more information on transport home. They may delay or waive payment for the trip home.
Those with travel insurance should contact their service provider because the insurance cover will be extended by 2 months if those travelling are making every effort to return home. Those who can’t afford travel can also see if their credit card insurance is applicable.
UK citizens who find themselves stuck must even keep themselves updated on the declarations from local travel companies.
It is vital to get in touch with friends and family to ensure they are aware that everybody in the party is safe and secure. If possible, they might transfer cash to people stuck to pay for transport home.
Employment & benefits / financial assistance
There is even the option for those trapped to get in touch with their manager and ask for an advance of their wages to pay for travel home. The UK government can even offer financial assistance in certain circumstances. Additional info can be read on www.gov.uk
If cash is over, or people trapped do not have somewhere to stay, or access to meals / water / medical supplies
The UK Government has committed to guaranteeing that British citizens in foreign country have access to housing, medical essentials, food and water.
If cash is over whilst stuck in a foreign country, The UK Government can even provide monetary aid in some circumstances. Additional info can be read on www.gov.uk.
If the stranded passenger has to take care for someone back in the UK
If the citizen is stranded in a foreign country, they should make sure that anybody they are a carer for is seen well. If someone else is taking care of this person, they may be asked to continue to do this till they fly back to the UK.
They could request friends or family to look after this person until they fly back.
If no other choice is available, the home local authority must be contacted for further support and advice.
If the trapped passenger has worries about their employment or self-employment
If they are doing a job, they must be in touch with their employer wherever possible to keep them informed about their situation.
If they are employed, they can however be furloughed under the job retention scheme. If they are self-employed, they can request for for the self-employment income support scheme.
Benefits or state pension whilst trapped abroad
The stranded person will still attain Universal Credit, Housing Benefit and Pension Credit if they are in a foreign land for up to 4 weeks.
In the case of Personal Independence Payment (PIP), Disability Living Allowance (DLA) and Carer’s Allowance, each one is payable for 13 weeks while in a foreign land.
The State Pension will be paid regardless of how long the citizen has been in a foreign country.
Any queries or concerns regarding benefit payments whilst abroad can be answered by the Department for Work and Pensions (DWP), who can be got in touch with by calling or visiting:
https://www.gov.uk/claim-benefits-abroad
Phone
0808 800 9060
Monday to Friday
9am to 5pm
function and connect with
one of our advisers