Consumer Advice
Can I Claim On My Insurance If I Have To Stay In Quarantine?
Free, practical consumer advice and information on the coronavirus pandemic for the citizens of Scotland
The Foreign and Commonwealth Office (FCO) has suggested against all but necessary travel to foreign countries, cities and areas. This entails two key travel recommended notices: 1. If you are abroad, return to the UK as shortly as possible if commercial flights are still open 2. If you are currently in the UK, don’t travel to foreign countries except if it is absolutely essential Many airlines are now declaring cessations of flights and the grounding of aircraft after the revelation that several countries are putting into effect ‘lockdown’ of borders and the restriction of movement to slow the increase of the virus.
The Government has proclaimed a partnership with airlines to plan special chartered flights. These will bring back nationals that are presently stuck abroad. More information will be issued by the government’s travel advice, all British embassies and all British high commissions. A dedicated travel management company will be employed for marooned residents to book and pay for the flight back home.
Further information on travelling abroad and existing government advices are available at www.gov.uk/foreign-travel-advice Customers who are yet to travel to their region – Entitled to a repayment or, in some cases, the possibility to rebook for alternative date.
Flight and Holiday Cancellations
Flights being part of a package holiday
Whole expense of the holiday will be refunded. This is happening automatically for some consumers, but customers can get in touch with the company that they made reservations through for additional explanation.
Hotel and Flights reserved separately
Customers are advised to call their hotels, requesting a repayment/adjustment in dates. Many airlines are permitting travellers to rebook flights for free.
In situations where the hotel and site are open, and the booking is non-refundable, then travellers may lose out.
Travel Insurance policies
Consumers are urged to certify the details of travel insurance policies that they have taken out. These may extend financial reparation in situations where other ways do not.
If consumers have planned travel to affected zones after a notice was announced in the area, then there is a risk that any insurance policy may be discredited by this. Consumers are recommended to verify the details of their insurance policies and if at all unsure, contact their insurance company promptly for more information.
New travel insurance policies
In light of present events, various insurance companies have terminated selling new travel insurance policies and, in certain circumstances, have changed cover as a consequence of the coronavirus pandemic. The Association of British Insurers has affirmed that travel insurance is a product meant to be utilized in unforeseen conditions, and due to the current condition, problems occuring as a result of coronavirus are no longer regarded ‘unforeseen’.
Already overseas and no meathods of getting back to the UK – Airlines have a obligation of concern to those passengers overseas if they have cancelled a return flight. The airline must furthermore pay for any further charges for accommodation and any food vital. For those consumers who have taken a reimbursement, then the responsibility of concern 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 possible, or where patrons feel stuck, they are recommended to contact the embassy in their current locality to seek additional assistance. Individual embassy locations can be acquired by visiting www.gov.uk/world/embassies and searching depending on your destination.
Customers opting to cancel their travel plans
If there has been no warning released in relation to a country that the customer selects to travel to, and the consumer chooses to cancel their plans, then there is no guaranteed right to compensation.
Consumers are advised to certify policy and booking approval details and to contact their insurance/travel provider if clarification is wanted or a refund due. If you think that your customer rights have been waived, 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 booked through an authorised booking site, then you must normally obtain a repayment.
The Society of Ticket Agents and Retailers (STAR) is the industry’s self-regulatory organisation and as such, oblige firms registered with them to refund the ticket’s face value cost when an event is cancelled. This does not include the charges paid for delivery.
It is advised that for any other ticket retailer, the specific company terms and conditions are checked. For resale sites and other events, the corporation who firstly sold the tickets should be contacted in the first case to request refunds. There may also be the option to rebook at a later date if the event is being postponed.
Postponed events
Original tickets should be kept 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 incompatible, then a reimbursement can be requested via the original booking company.
As with cancelled events, this may not include the fee paid for booking fees or delivery.
Specific events may differ, depending on the terms and conditions of the planner.
Patrons deciding not to attend – If consumers choose not to concerts or sporting events, but the event is still taking place, there is little likelihood of getting money back.
Cinema closings
Quiet a few of the greater film franchises have declared that they will be shutting all their screens in the UK until further communication. For customers who have already gotten tickets, refunds or the choice to postpone this to a later date (if possible) are presented.
A few of the greater chains with loyalty cards and monthly membership are recommending that monthly charges will continue, with a view to offering the ‘time back’ once facilities restarts as normal. Others are instructing that they will be resting payments for memberships. Patrons are recommended to watch on the websites and social media informs from the cinema that they have booked through.
Claiming back hotel and travel charges
If an event is cancelled due to the coronavirus epidemic and there have been charges suffered for hotels and travel, then the establishments for all of these should be contacted for more information on reimbursements.
Seperate terms and conditions may vary, but possibilities may be proposed to delay 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 amenity due to the coronavirus pandemic, then a repayment should be paid. Deposits for marriages and special occasions
Marriages and special events could potentially be afflicted by the coronavirus outbreak. If the company or venue offering the ceremony or arranging cancels, then a reimbursement should be arranged for everything that has been cancelled. For those with wedding insurance, terms and conditions should be consulted for anything that can be retrieved back. If it is the buyer, or person who has booked the event that is deciding to cancel or postpone the event, then some charges may apply. Negotiation and discussion with the planner around postponing the event is key.
For everything that has previously been paid in terms of deposits that cannot be repaid, the planner should outline in detail the cause why a reimbursement is not possible, including any costs they have sustained that are being passed on to the buyer.
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 product or service that has been paid for cannot be delivered.
For purchases under £100 made on a credit card, or those made on a debit card, consumers can get in touch with their bank and attempt to make a claim through the ‘chargeback scheme’. This cannot be enforced by law, and the provision of this plan is at the discretion of the bank or building society.
Consumer rights remain unchanged throughout the coronavirus crisis. A couple of delivery firms have proclaimed delays on uneeded products in favour of transporting medical supplies and necessary items. For additional info on orders placed or delays experienced, the firm delivering the items should be the very first point of contact.
We have explained the important consumer rights legislation that is applicable in different circumstances mentioned below.
However, a more comprehensive guide to consumer rights, including different aspects, is available by visiting consumeradvice.scot knowledge centre: https://www.consumeradvice.scot/knowledge-centre/
Consumer Rights Act 2015 – Faulty Goods – Repair or Replace
While purchasing merchandise from a agent, the Consumer Rights Act 2015 declares they should be:
- Of nice quality (free from any defects / damage and durable)
- As the dealerdescribed
- The same as any sample shown
- Just like any model shown Right for the idea made known to the agent
When requesting for repair/replacement in the first thirty days, then the shopper enters the wait period with the remainder of the thirty days (minimum of 7 days) resuming after repair/replacement.
Customers who believe that anything mentioned above don’t apply to their products and have passed the first thirty days after purchase, can be entitled to replacement or repair that is –
- Free of cost
- Repair should be permanent
- Replacement should be exact same
- Within practical timescale
- Without causing significant problem
If a replacement or repair isn’t possible then they might instead be allowed to:
- Keep the merchandise for a lesser price
- Return back the products for a reimbursement (complete reimbursement in 6 months or partial repayment after or if a vehicle)
Private Sales – Sale of Goods Act 1979
If something is bought from a private seller, the consumer is covered by the Sale of Goods Act 1979 which declares the goods must suit the explanation provided by the seller. This comprises:
- Any description in an advert
- Any description provided in an e-mail or text Any description during discussions on the phone call or personally
If the buyer thinks that the products do not match the seller’s description, then they could be eligible for;
- A complete refund if the items haven’t been accepted (not used and problem seen instantly)
- Loss – a monetary amount to apy for mending or the difference between what amount was paid and what the products are really worth
The burden of proof is on the client to confirmverify that the items do not match the sellers description, which can be hard if the description was given in words.
Rail companies and travel services have different guidelines about reimbursements of tickets affected by the coronavirus crisis.
Scotrail are providing refunds on several train ticket types. Their process has changed a little because of the circumstances, and an administration fee may be imposed, depending on the ticket type.
A useful guide to refunds that are provided from Scotrail can be found here: https://www.scotrail.co.uk/plan-your-journey/refunds People who have planned travel that is no longer necessary or have booked travel to a cancelled function should contact the travel provider for additional details on their individual terms, including refund guidelines.
Though the Government has Informed that every person abroad should return to the United Kingdom, many are still stuck without any means to get home.
The Government has taken measures such as specially chartered planes to enable bring citizens home, however this might take time. For the timebeing, they have made a lot of recommendation about what those trapped in a foreign country should do.
If someone suffers or believes they are infected by coronavirus
The Government authorities of both the area and country in which the buyer is staying will provide suggestion and help on what to do if somebody suffers, or believes that they are infected by, coronavirus. Additionally, the resident must take medical help and self-isolate.
The NHS have come up with a guide on symptoms that are generally shown when someone has coronavirus. This is listed at:
https://www.nhs.uk/conditions/coronavirus-covid-19/symptoms-and-what-to-do/
The embassy or consulate in the area where the UK citizen resides can be used to get in touch with the local authorities. For more info on embassies, or to locate the nearest one to you, please get in touch with 0207 008 1500, or alternatively visit:
https://www.gov.uk/world/embassies#
If a visa is expiring quickly
If a visa is expiring, the measures required will depend upon the region that the UK citizen finds themselves. If in doubt, look at the travel advice for that country from the UK foreign and commonwealth office. This guide can be located by checking out:
https://www.gov.uk/foreign-travel-advice
In addition, the local embassy or consulate can be used to contact the local authorities. For additional info on embassies, or to locate the one in your vicinity, please contact 0207 008 1500, or otherwise 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 info on flying back home. They might delay or reimburse payment for the trip home.
People having travel insurance should contact their provider because the insurance cover will be extended by 60 days if those travelling are making every single effort to go back home. People who cannot afford travel could even see if their credit card insurance is applicable.
UK citizens who are trapped must even keep themselves updated on the notice from local travel companies.
It is essential to get in touch with friends and family to make sure they know that everybody in the party is safe. If possible, they might transfer cash to people stranded to pay for flying back home.
Employment & benefits / monetary assistance
There is also the choice for those trapped to get in touch with their employer and ask for advance payment of their payment to pay for travel home. The UK government can even provide monetary aid in a few situations. Additional info can be accessed on www.gov.uk
If money runs out, or those stuck don’t have accommodation, or access to meals / water / medical essentials
The UK Government has promised to guaranteeing that British citizens abroad have access to housing, medical supplies, water and food.
If money runs out whilst stranded in a foreign land, The UK Government can even provide monetary assistance in a few situations. More information can be read on www.gov.uk.
If the trapped passenger needs to care for someone back in the UK
If the citizen is stranded in a foreign country, they must ensure that anyone they are a carer for is seen well. If somebody else is taking care of this person, they may be requested to carry on to do this till they return to the UK.
They could ask family or friends to take care of this person till they come back.
If no other option is available, the home local authority should be contacted for further suggestion and help.
If the stranded passenger has pressure about their employment or self-employment
If they are employed, they must be in touch with their manager 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 apply for the self-employment income support scheme.
Perks or state pension whilst stranded in a foreign country
The trapped person will still get Universal Credit, Housing Benefit and Pension Credit if they are in a foreign land for up to one month.
In the case of Personal Independence Payment (PIP), Disability Living Allowance (DLA) and Carer’s Allowance, each person is payable for 13 weeks while in a foreign land.
The State Pension will be paid irrespective of how long the citizen stays in a foreign country.
Any queries or concerns about benefit payments whilst 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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