Your Purchase Refund Rights

Your Purchase Refund Rights

Your Purchase Refund Rights

Consumer Advice
Your Purchase Refund Rights

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, cities and locations. This includes two important travel advisory notices: 1. If you are abroad, return to the UK as soon as possible if commercial flights are still accessible 2. If you are currently in the UK, don’t travel abroad unless it is utterly indispensible Various airlines are now declaring cancellations of flights and the stalling of aircraft after the announcement that several countries are putting into effect ‘lockdown’ of borders and the restraint of travel to reduce the increase of the virus.

The Government has declared a affiliation with airlines to arrange special chartered planes. These will return citizens that are presently stuck abroad. More information will be announced by the government’s travel advice, all British embassies and all British high commissions. A devoted travel management firm will be utilized for marooned citizens to reserve and pay for the flight home.

Further info on travelling abroad and current government recommendations are accessible at www.gov.uk/foreign-travel-advice Customers who are yet to fly to their region – Owed a refund or, in some cases, the option to rebook for some other date.

Flight and Holiday Cancellations

Flights as part of a holiday package

Entire cost of the holiday will be compensated. This is happening automatically for some customers, but consumers can contact the company that they made reservations through for extra explanation.

Flights and hotel booked independantly

Consumers are advised to get in touch with their hotels, requesting a refund/modification in dates. Several airlines are allowing commuters to rebook flights for free.

In conditions 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 particulars of travel insurance policies that they have procured. These may offer financial reimbursement in situations where other measures do not.

If patrons have planned travel to infected regions after a caution was issued in the area, then there is a possibility that any insurance policy may be invalidated by this. Patrons are recommended to verify the details of their insurance policies and if at all unsure, contact their insurance company promptly for extra information.

New travel insurance policies

In light of recent events, various insurance companies have ceased selling new travel insurance policies and, in several conditions, have changed cover as a result of the coronavirus outbreak. The Association of British Insurers has affirmed that travel insurance is a product meant to be utilized in unexpecteed conditions, and due to the present situation, concerns arising as a result of coronavirus are no longer regarded ‘unforeseen’.

Already overseas and no means of getting back to the UK – Airlines have a duty of care to those passengers in a foreign country if they have terminated a return flight. The airline ought to furthermore pay for any extra costs for accommodation and any food essential. For those consumers who have received a refund, then the duty of concern terminates here. It is then the responsibility of the traveller to coordinate travel back to the UK.

In conditions where neither of the above is conceivable, or where consumers feel trapped, they are advised to contact the embassy in their present locality to get additional help. Individual embassy locations can be acquired by visiting www.gov.uk/world/embassies and searching based on your destination.

Travellers choosing to cancel their travel plans

If there has been no notice issued in relation to a destination that the traveller picks to journey to, and the consumer chooses to abandon their plans, then there is no automatic right to compensation.

Travellers are urged to certify policy and booking confirmation particulars and to contact their insurance/travel provider if explanation is necessary or a repayment due. If you belive that your customer rights have been breached, you can contact consumeradvice.scot for more information and advice.

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 booked via an authorised booking site, then you must normally receive a reimbursement.

The Society of Ticket Agents and Retailers (STAR) is the industry’s self-regulatory body and as such, oblige firms registered with them to repay the ticket’s face value price when an event is cancelled. This does not consist of the charges incurred for delivery.

It is suggested that for any other ticket retailer, the specific company terms and conditions are referred. For resale sites and other events, the business who formerly sold the tickets should be contacted in the first instance 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 retained until a rearranged or altered date is revealed. If there is an issue with the date that the event or concert has been pushed to is not fitting, then a refund can be bidden through the original booking company.

As with cancelled events, this may not include the costs paid for booking fees or delivery.

Certain events may vary, contingent on the terms and conditions of the organiser.

Customers deciding not to attend – If patrons wish not to concerts or sporting events, but the event is still taking place, there is small chance of getting money back.

Cinema closings

Quiet a few of the big cinema groups have stated that they will be terminating all their screens in the UK until further announcement. For patrons who have already purchased tickets, refunds or the choice to postpone this to a later date (if possible) are offered.

A few of the bigger franchises with loyalty cards and monthly membership are recommending that monthly fees will carry on, with a view to imparting the ‘time back’ once facilities restarts as normal. Others are recommending that they will be stopping payments for memberships. Customers are recommended to watch on the websites and social media updates from the cinema that they have booked through.

Obtaining back hotel and travel charges

If an event is terminated due to the coronavirus outbreak and there have been charges paid for hotels and travel, then the establishments for every one of these should be contacted for more information on reimbursements.

Seperate terms and conditions may vary, but possibilities may be offered to delay or rebook on an alternative date due to recent circumstances.

As a side note, if the hotel or travel provider is incompetent to provide the amenity due to the coronavirus outbreak, then a reimbursement should be paid. Bookings for marriages and special occasions

Weddings and special events could possibly be affected by the outbreak of coronavirus. If the venue or company offering the ceremony or organising cancels, then a repayment should be arranged for everything that has been cancelled. For those with wedding insurance, terms and conditions should be checked for whatever that can be retrieved back. If it is the customer, or individual who has reserved the event that is choosing to cancel or postpone the event, then some costs may apply. Negotiation and discussion with the organiser around postponing the event is vital.

For anything that has already been paid in terms of deposits that cannot be refunded, the organiser should outline in detail the basis why a repayment is not probable, 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 buyers for purchases made on credit cards in excess of £100. This makes the credit card company ‘joint and severally’ liable 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, buyers can get in touch with their bank and attempt to 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 unchanged throughout the coronavirus pandemic. A few delivery firms have announced delays on non-essential items for shipping medical items and essential goods. For extra details on orders placed or delays experienced, the company shipping the products must be the first contact point.

We have outlined the key consumer rights legislation that applies in different situations mentioned below.

Nonetheless, a more inclusive guide to consumer rights, including different aspects, is accessible by browsing consumeradvice.scot knowledge centre: https://www.consumeradvice.scot/knowledge-centre/

Consumer Rights Act 2015 – Faulty Goods – Repair or Replace

While buying merchandise from a agent, the Consumer Rights Act 2015 states they should be:

  • Of satisfactory quality (free from any faults / damage and long-lasting)
  • As the sellertold
  • Exactly like any sample shown
  • The same as any model shown  Perfect for the purpose explained to the agent

If asking for repair/replacement within first 30 days, then the purchaser enters the wait period with the remainder of the thirty days (minimum of 7 days) resuming after repair or replacement.

Customers who think that  any of the above don’t apply to their goods and have passed the first thirty days after  purchase, might be eligible for repair/replacement that is –

  • Free of cost
  • Repair should be lasting
  • Replacement should be like for like
  • Within reasonable timescale
  • Without causing significant difficulty

If a repair/replacement isn’t possible then they might instead be permitted to:

  • Keep the products for a lower price
  • Return back the items for a reimbursement (full repayment within 6 months or partial repayment after or if a vehicle)

Private Sales – Sale of Goods Act 1979

When something is bought from a private seller, the customer is insured by the Sale of Goods Act 1979 which claims the products must match the explanation given by the seller. This incorporates:

  • Any description in an ad
  • Any description given in an email or text message
  • Any description during chats over the phone or personally

If the purchaser thinks that the products don’t go with the seller’s description, then they could be eligible for;

  • A complete reimbursement if the products haven’t been accepted (not used and defect observed immediately)
  • Loss – a monetary amount to apy for mending or the difference between what was paid and what the items are truly worth

The burden of proof is on the buyer to prove that the products do not go with the sellers description, that can be hard if the description was given verbally.

Rail companies and travel providers have different rules regarding reimbursements of tickets affected by the coronavirus outbreak.

Scotrail are providing refunds on several train ticket types. Their process has altered a little due to the situation, and an administration charge may apply, depending upon the ticket type.

A valuable guide to refunds that are available from Scotrail can be seen here: https://www.scotrail.co.uk/plan-your-journey/refunds People who have booked travel which is not needed or have planned travel to a annulled function should get in touch with the travel service for more information on their individual conditions, including refund policies.

Though the Government has suggested that everybody abroad must come back to the UK, a lot are yet stuck with no means to get back home.

The Government has adopted steps like specially chartered flights to enable bring citizens home, however this might take time. For now, they have made several suggestions regarding what those people who are trapped in a foreign country must do.

If someone has or believes they are infected by coronavirus

The Government authorities of both the area and nation in which the buyer is residing will give suggestion and help on what to do if somebody has, or believes that they have, coronavirus. Moreover, the citizen must take medical help and self-isolate.

The NHS have put together a guide on signs that are normally shown when a person has 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 finds themselves can be used to contact the local authorities. For more info on embassies, or to find the closest one in your area, please call on 0207 008 1500, or alternatively visit:

https://www.gov.uk/world/embassies#

If a visa is expiring soon

If a visa is coming to an end, the actions necessary will depend on the region that the UK citizen finds themselves. If doubtful, check out the travel advice for that country from the UK foreign and commonwealth office. This guide can be read by visiting:

https://www.gov.uk/foreign-travel-advice

Additionally, the local embassy or consulate can be used to contact the local authorities. For additional details on embassies, or to find the one in your vicinity, please call on 0207 008 1500, or simply visit:

https://www.gov.uk/world/embassies

If a inexpensive air flight home cannot be found

The travel company should be contacted in the first instance for more info on transport home. They might delay or reimburse payment for the trip home.

Those with travel insurance must contact their provider as the insurance cover will be extended by 60 days if those travelling are making every single effort to go back home. People who can’t afford travel can even see if their credit card insurance applies.

UK citizens who are stuck should even keep themselves updated on the announcements from local travel firms.

It is important to get in touch with friends and family to ensure they are aware that everyone in the party is safe. If possible, they may be able to transfer money to people stuck to pay for transport home.

Employment & benefits / monetary aid

There is even the choice for those stranded to contact their manager and request for an advance of their salary to pay for travel home. The UK government can even offer financial assistance in a few circumstances. More information can be read on www.gov.uk

If cash runs out, or people stuck do not have accommodation, or access to food / water / medical supplies

The UK Government has committed to ensuring that British citizens in foreign country have access to housing, medical essentials, food and water.

If cash runs out whilst stranded in a foreign land, The UK Government can as well provide financial assistance in certain circumstances. Additional information can be read on www.gov.uk.

If the stranded passenger has to care for a family member back in the UK

If the citizen is trapped abroad, they must ensure that anyone they are taking care of is looked after. If someone else is looking after this person, they could be asked to continue to do this till they come back to the UK.

They could ask family or friends to take care of this person till they fly back.

If no other choice is available, the home local authority should be contacted for further suggestion and help.

If the stranded passenger has tension about their employment or self-employment

If they are doing a job, they must contact their boss wherever possible to keep them informed on their situation.

If they are working, they can however 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 whilst trapped abroad

The stranded passenger 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, they are each payable for thirteen 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 questions or concerns regarding benefit payments whilst abroad can be responed by the Department for Work and Pensions (DWP), who can be got in touch with by calling or clicking:

https://www.gov.uk/claim-benefits-abroad

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