Consumer Advice
Consumer Advice And Protection During Covid-19
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 essential travel to foreign land, towns and locations. This entails two main travel advisory notices: 1. If you are abroad, return to the UK as soon as as you possibly can if commercial flights are still open 2. If you are presently in the UK, don’t travel to foreign land unless it is utterly essential Several airlines are now announcing cancellations of flights and the stalling of aircraft after the declaration that several countries are putting into effect ‘lockdown’ of borders and the restraint of travel to lower the spread of the virus.
The Government has announced a partnership with airlines to arrange special chartered flights. These will return nationals that are presently marooned abroad. Further information will be released by the government’s travel advice, all British embassies and all British high commissions. A committed travel administration company will be used for stranded residents to reserve and pay for the flight back home.
Further info on going abroad and current government recommendations are available at www.gov.uk/foreign-travel-advice Patrons who are yet to travel to their destination – Entitled to a compensation or, in some cases, the option to rebook for some other date.
Flight and Holiday Cancellations
Flights as part of a package holiday
Complete expense of the holiday will be refunded. This is happening certainly for some customers, but consumers can contact the company that they booked through for further clarification.
Flights and hotel booked independantly
Customers are suggested to call their hotels, requesting a repayment/adjustment in dates. Various airlines are letting travellers to rebook flights for free.
In situations where the hotel and site are operational, and the booking is non-refundable, then travellers may miss out.
Travel Insurance policies
Customers are recommended to check the details of travel insurance policies that they have taken out. These may offer financial compensation in circumstances where other ways do not.
If patrons have organised travel to affected regions after a warning was published in the area, then there is a possibility that any insurance policy may be invalidated by this. Customers are advised to verify the details of their insurance policies and if at all unsure, contact their insurance company directly for further information.
New travel insurance policies
In light of current events, various insurance companies have terminated selling new travel insurance policies and, in several conditions, have changed cover as a result of the coronavirus pandemic. The Association of British Insurers has declared that travel insurance is a product meant to be utilized in unprecedented conditions, and due to the current situation, problems occuring as a consequence of coronavirus are no longer regarded ‘unforeseen’.
Already abroad and no means of getting back to the UK – Airlines have a responsibility of concern to those travellers abroad if they have stopped a return flight. The airline should moreover pay for any further expenses for accommodation and any food vital. For those consumers who have taken a repayment, then the duty of care finishes here. It is then the obligation of the passenger to organise travel back to the UK.
In conditions where none of the above is probable, or where patrons feel trapped, they are advised to contact the embassy in their current locality to obtain further help. Specific embassy locations can be found by visiting www.gov.uk/world/embassies and searching depending on your destination.
Customers choosing to cancel their travel plans
If there has been no caution issued in regard to a country that the customer selects to journey to, and the customer selects to abandon their plans, then there is no automatic right to reimbursement.
Customers are urged to certify policy and booking confirmation particulars and to contact their insurance/travel provider if clarification is wanted or a refund due. If you think that your consumer 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 authorised booking site, then you must usually receive a reimbursement.
The Society of Ticket Agents and Retailers (STAR) is the industry’s self-regulatory organisation and as such, require firms registered with them to repay the ticket’s face value price when an event is cancelled. This does not consist of the fee incurred for delivery.
It is recommended that for any other ticket seller, the specific 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 instance to ask for reimbursements. There may also be the choice to rebook at a later date if the event is being postponed.
Postponed events
Original tickets should be kept until a rescheduled or revised date is announced. If there is an problem with the date that the event or concert has been pushed to is unsuitable, then a refund can be asked for via the original booking company.
As with cancelled events, this may not comprise the fee incurred for booking fees or delivery.
Specific events may differ, contingent on the terms and conditions of the planner.
Customers wishing not to attend – If patrons decide not to concerts or sporting events, but the event is still taking place, there is little likelihood of getting money back.
Cinema cessations
Quiet a few of the larger cinema franchises have stated that they will be closing all their screens in the UK until further announcement. For consumers who have already gotten tickets, repayments 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 fees will resume, with a view to imparting the ‘time back’ once amenities recommences as normal. Others are advising that they will be pausing payments for memberships. Patrons are advised to watch on the websites and social media informs from the cinema that they have booked through.
Claiming back hotel and travel costs
If an event is terminated due to the coronavirus epidemic and there have been charges paid for hotels and travel, then the establishments for each of these should be contacted for more information on repayments.
Specific terms and conditions may vary, but choices 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 unable to offer the service due to the coronavirus epidemic, then a refund should be paid. Bookings for marriages and special functions
Weddings and special occasions could probably be afflicted by the coronavirus outbreak. If the venue or company providing the service or organising cancels, then a repayment should be prepared for whatever has been cancelled. For those with wedding protection, terms and conditions should be consulted for whatever that can be obtained back. If it is the consumer, or person who has booked the event that is choosing to cancel or postpone the event, then some charges might apply. Negotiation and discussion with the coordinator around rescheduling the event is essential.
For everything that has already been paid in terms of deposits that cannot be reimbursed, the coordinator should define in detail the cause why a refund is not possible, comprising any costs they have experienced 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 provided.
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 scheme is at the discretion of the bank or building society.
Consumer rights are the same during the coronavirus pandemic. A few delivery firms have proclaimed delays on avoidable products for transporting medical items and vital products. For extra information on orders already placed or delays experienced, the firm delivering the goods should be the very first point of contact.
We have detailed the key consumer rights legislation that is valid in different situations below.
But, a more inclusive guide to consumer rights, covering different aspects, is available by checking out consumeradvice.scot knowledge centre: https://www.consumeradvice.scot/knowledge-centre/
Consumer Rights Act 2015 – Faulty Goods – Repair or Replace
While ordering goods from a trader, the Consumer Rights Act 2015 declares they must be:
- Of nice quality (free from any faults / damage and long-lasting)
- As the agenttold
- The same as any sample shown
- Exactly like any model shown Fit for the purpose explained to the agent
When requesting for repair or replacement within first thirty days, then the buyer enters the wait period with the remainder of the thirty days (minimum of 7 days) resuming after repair/replacement.
Purchasers who believe that any of the above do not apply to their goods and have gone beyond the first 30 days after ordering, can be eligible for repair or replacement that is –
- Free of charge
- Repair should be permanent
- Replacement should be exact same
- Within practical timescale
- Without causing considerable trouble
In case a replacement or repair is not possible then they might rather be permitted to:
- Keep the merchandise for a lesser rate
- Return the merchandise for a repayment (complete reimbursement in six months or partial refund after or if a vehicle)
Private Sales – Sale of Goods Act 1979
If something is ordered from a private seller, the customer is insured by the Sale of Goods Act 1979 which claims the products must go with the explanation given by the seller. This includes:
- Any description in an ad
- Any description provided in an email or text message Any description during discussions over the call or personally
If the purchaser feels that the goods don’t go with the seller’s description, then they may be entitled to;
- A full refund if the products haven’t been accepted (not used and fault seen quickly)
- Loss – a monetary amount to apy for repairs or the difference between what amount was paid and what the products are worth
The burden of proof is on the customer to confirmverify that the goods do not go with the sellers description, that could be tough if the description was given orally.
Rail companies and travel providers have different policies about reimbursements of tickets impacted by the coronavirus crisis.
Scotrail are offering refunds on several train ticket types. Their process has changed slightly because of the situation, and an administration fee might be imposed, 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 Those who have booked travel which is not necessary or have planned travel to a annulled occasion should call the travel service for more info on their individual terms, along with refund guidelines.
Although the Government has recommended that every person abroad should return to the UK, many are still stranded without any means to get home.
The Government has adopted measures like especially chartered planes to help get citizens home, however this may take time. Meanwhile, they have made several recommendation regarding what those people who are stuck in a foreign land must do.
If someone has or feels they are infected by coronavirus
The authorities of both the region and nation in which the buyer is staying will provide advice and guidance on what to do if somebody has, or feels that they have, coronavirus. Additionally, the citizen must seek medical help and self-quarantine.
The NHS have come up with a guide on symptoms that are normally displayed when somebody 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 stays can be used to get in touch with the local authorities. For more information on embassies, or to locate the nearest one to you, please get in touch with 0207 008 1500, or simply visit:
https://www.gov.uk/world/embassies#
If a visa is expiring soon
If a visa is expiring, the actions mandatory will depend upon the location 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 located by visiting:
https://www.gov.uk/foreign-travel-advice
Moreover, the local embassy or consulate can be used to contact the local authorities. For more details on embassies, or to find the one in your vicinity, please contact 0207 008 1500, or alternatively check out:
https://www.gov.uk/world/embassies
If an affordable flight to home cannot be found
The travel company must be contacted at teh first place for more details on transport home. They may be able to delay or reimburse payment for the trip home.
People having travel insurance should get in touch with their service provider because the cover will be extended by 60 days if those travelling are making every effort to go back home. Those who can’t afford travel could also see if their credit card insurance is applicable.
UK citizens who find themselves trapped should also keep themselves informed on the declarations from local travel companies.
It is important to contact family and friends to ensure they are aware that everyone in the party is safe and secure. If possible, they might transfer cash to those people stranded to pay for transport home.
Employment & perks / financial assistance
There is even the choice for those stuck to get in touch with their manager and ask for advance payment of their salary to pay for travel home. The UK government can even provide monetary help in some circumstances. Additional information can be read on www.gov.uk
If cash is over, or those trapped don’t have accommodation, or access to meals / water / medical essentials
The UK Government has committed to guaranteeing that British citizens abroad have access to housing, medical supplies, food and water.
If cash is over whilst stuck in a foreign country, The UK Government can as well offer monetary help in certain circumstances. More info can be accessed on www.gov.uk.
If the stranded passenger needs to care for somebody in the UK
If the citizen is stranded in a foreign country, they must ascertain that anyone they are a carer for is looked after. If somebody else is taking care of this person, they could be asked to continue to do this until they return to the UK.
They could request friends or family to look after this person till they return.
If no option is available, the home local authority should be contacted for further advice and support.
If the trapped passenger has worries about their job or self-employment
If they are employed, they should keep in contact with their boss wherever possible to keep them updated on their situation.
If they are working, 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.
Benefits or state pension whilst stranded abroad
The trapped person will still attain Universal Credit, Housing Benefit and Pension Credit if they are abroad for around a 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 abroad.
Any queries or doubts about benefit payments while in a foreign land can be answered 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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