Consumer Advice
Covid-19 Travel Restrictions
Free, practical consumer advice and information on the coronavirus pandemic for the citizens of Scotland
The Foreign and Commonwealth Office (FCO) has directed against all but necessary travel to foreign countries, cities and locations. This comprises two important travel advisory notices: 1. If you are in a foreign country, return to the UK as quickly as possible if commercial flights are still available 2. If you are presently in the UK, do not travel to foreign countries unless it is utterly essential Various airlines are now announcing cancellations of flights and the stalling of aircraft after the declaration that many countries are implementing ‘lockdown’ of borders and the restriction of movement to reduce the spread of the virus.
The Government has declared a partnership with airlines to organise special chartered flights. These will bring back residents that are presently stranded abroad. More information will be issued by the government’s travel advice, all British embassies as well as all British high commissions. A dedicated travel management firm will be employed for marooned residents to book and pay for the flight back home.
Additional information on going abroad and existing government advices are offered at www.gov.uk/foreign-travel-advice Consumers who are yet to travel to their destination – Owed a refund or, in some cases, the option to rebook for some other date.
Flight and Holiday Cancellations
Flights as part of a package holiday
Complete cost of the holiday will be compensated. This is happening inevitably for some customers, but consumers can get in touch with the company that they made reservations through for extra explanation.
Flights and hotel reserved individually
Consumers are recommended to contact their hotels, asking for a repayment/change in dates. Many airlines are letting commuters to rebook flights for free.
In circumstances where the hotel and site are open, and the booking is non-refundable, then travellers may lose out.
Travel Insurance policies
Customers are advised to certify the particulars of travel insurance policies that they have taken out. These may extend financial compensation in conditions where other measures do not.
If consumers have organised travel to infected zones after a warning was announced in the zone, then there is a risk that any insurance policy may be discredited by this. Patrons are recommended to check the specifics of their insurance policies and if at all doubtful, contact their insurance company directly for further information.
New travel insurance policies
In light of current affairs, various insurance companies have terminated selling new travel insurance plans and, in several situations, have changed cover as a outcome of the coronavirus pandemic. The Association of British Insurers has affirmed that travel insurance is a product meant to be used in unprecedented conditions, and owing to the present situation, problems occuring as a consequence of coronavirus are no longer regarded ‘unforeseen’.
Already overseas and no means of getting back to the UK – Airlines have a duty of concern to those travellers abroad if they have terminated a return flight. The airline ought to moreover pay for any further costs for stay and any food essential. For those customers who have taken a refund, then the obligation of worry ends here. It is then the responsibility of the traveller to coordinate travel back to the UK.
In circumstances where none of the above is possible, or where customers feel stranded, they are recommended to contact the embassy in their current locality to seek additional support. Specific embassy locations can be acquired by visiting www.gov.uk/world/embassies and searching based on your destination.
Customers opting to cancel their travel plans
If there has been no warning released in relation to a destination that the customer selects to travel to, and the traveller selects to abandon their plans, then there is no automatic right to compensation.
Customers are urged to certify policy and booking confirmation particulars and to contact their insurance/travel source if explanation is required or a repayment due. If you feel that your customer rights have been violated, 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 by means of an authorised booking site, then you should normally receive a repayment.
The Society of Ticket Agents and Retailers (STAR) is the industry’s self-regulatory body and as such, compel firms enlisted with them to refund the ticket’s face value amount when an event is cancelled. This does not include the costs paid for delivery.
It is recommended that for any other ticket merchant, the individual company terms and conditions are referred. For resale sites and other events, the company who firstly sold the tickets should be contacted in the first instance to ask for repayments. There may also be the possibility to rebook at a later date if the event is being rearranged.
Postponed events
Original tickets should be retained until a rescheduled or revised date is announced. If there is an problem with the date that the event or concert has been postponed to is incompatible, then a refund can be requested through the original booking company.
As with cancelled events, this may not include the fee incurred for booking fees or delivery.
Specific events may be different, contingent on the terms and conditions of the organiser.
Customers wishing not to attend – If consumers wish not to concerts or sporting events, but the event is still taking place, there is not much possibility of getting money back.
Cinema closings
Numerous of the larger cinema groups have stated that they will be terminating all their screens in the UK until further communication. For customers who have already bought tickets, refunds or the choice to reschedule this to a later date (if possible) are presented.
A few of the larger groups with loyalty cards and monthly membership are recommending that monthly fees will carry on, with a view to offering the ‘time back’ once amenities restarts as regular. Others are instructing that they will be pausing payments for memberships. Customers are recommended to watch on the websites and social media updates from the cinema that they have booked through.
Getting back hotel and travel expenditures
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 reimbursements.
Specific terms and conditions may alter, but choices may be proposed to delay or rebook on an alternative date due to current circumstances.
As a side note, if the hotel or travel provider is incapable to offer the amenity due to the coronavirus pandemic, then a reimbursement should be paid. Bookings for marriages and special occasions
Marriages and special occasions could possibly be affected by the outbreak of coronavirus. If the company or venue offering the ceremony or arranging cancels, then a repayment should be organised for whatever has been cancelled. For those with wedding protection, terms and conditions should be checked for anything 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 fees may apply. Negotiation and discussion with the organiser around rescheduling the event is vital.
For anything that has already been paid in terms of deposits that cannot be repaid, the organiser should outline in detail the cause why a reimbursement is not conceivable, consisting any costs they have incurred that are being passed on to the buyer.
Consumer rights and useful legislation
Section 75 of the Consumer Credit Act protects clients for orders made on credit cards in excess of £100. This makes the credit card company ‘joint and severally’ responsible 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, buyers can get in touch with 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 remain the same throughout the coronavirus pandemic. A few delivery and logistical firms have announced delays on avoidable items in favour of transporting medical supplies and vital goods. For extra info on orders placed or delays experienced, the business shipping the items must be the first contact point.
We have explained the important consumer rights legislation that is relevant in different situations below.
, a more inclusive guide to consumer rights, including different areas, is available by visiting consumeradvice.scot knowledge centre: https://www.consumeradvice.scot/knowledge-centre/
Consumer Rights Act 2015 – Faulty Goods – Repair or Replace
When purchasing goods from a trader, the Consumer Rights Act 2015 declares they should be:
- Of good quality (free from any defects / damage and durable)
- As the agentdescribed
- The same as any sample shown
- Just like any model shown Perfect for the purpose made known to the agent
If asking for repair/replacement in the first thirty days, then the buyer enters the wait period with the remaining thirty days (minimum of 7 days) resuming after repair or replacement.
Buyers who believe that anything mentioned above do not fit for their items and have gone beyond the initial 30 days after ordering, might be eligible for replacement or repair that is –
- Free of charge
- Repair should be permanent
- Replacement should be same
- Within realistic timescale
- Without leading to significant inconvenience
If a repair/replacement is not possible then they may rather be allowed to:
- Keep the items for a lower rate
- Return the products for a repayment (complete repayment within six months or perhaps partial refund after or if a vehicle)
Private Sales – Sale of Goods Act 1979
If something is ordered from a private seller, the buyer is insured by the Sale of Goods Act 1979 which declares the goods must suit the description provided by the seller. This incorporates:
- Any description in an advert
- Any description provided in an email or text message Any description during discussions over the phone or in person
If the customer believes that the products don’t match the seller’s description, then they can be eligible for;
- A total reimbursement if the goods haven’t been accepted (not used and issue noticed immediately)
- Damages – a monetary amount to cover mending or the difference between the amount that was paid and what the products are truly worth
The burden of proof is on the client to prove that the goods do not match the sellers description, which could be difficult if the description was given verbally.
Rail companies and travel companies have different policies regarding re-payments of tickets affected by the coronavirus pandemic.
Scotrail are providing refunds on many train ticket types. Their process has changed slightly due to the circumstances, and an administration fee may be imposed, depending upon the ticket type.
A helpful guide to refunds that are provided from Scotrail can be found here: https://www.scotrail.co.uk/plan-your-journey/refunds Those who have booked a trip which is not required or have booked travel to a cancelled occasion should get in touch with the travel service for additional information on their individual conditions, as well as refund policies.
Though the Government has suggested that everyone in a foreign land must return to the UK, a lot are still stranded with no way to come back home.
The Government has adopted steps like specially chartered flights to help bring citizens home, however this might take some time. For the moment, they have made several suggestions regarding what people who are trapped abroad must do.
If somebody has or feels they have coronavirus
The authorities of both the region and country in which the customer is staying will provide suggestion and help on what to do if someone has, or feels that they are infected by, coronavirus. Moreover, the citizen should take medical assistance and self-isolate.
The NHS have compiled a guide on symptoms that are generally displayed when somebody is infected by 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 contact the local authorities. For additional info on embassies, or to locate the nearest one to you, please contact 0207 008 1500, or alternatively click:
https://www.gov.uk/world/embassies#
If a visa is coming to an end quickly
If a visa is expiring, the measures mandatory will depend on the area that the UK citizen finds themselves. If unsure, look at 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
Additionally, the local embassy or consulate can be used to contact the local authorities. For more details on embassies, or to locate the one in your vicinity, please call on 0207 008 1500, or otherwise click:
https://www.gov.uk/world/embassies
If an affordable air flight to home cannot be booked
The travel company should be contacted at teh first place for more details on transport home. They might delay or waive payment for the trip to home town.
Those people with travel insurance must contact their service provider as the cover will be extended by 60 days if those travelling are making every single effort to return home. Those who cannot afford travel can even check if their credit card insurance is applicable.
UK citizens who are trapped should even keep themselves informed on the messages from local travel companies.
It is essential to contact family and friends to ensure they know that everybody in the party is safe and secure. If possible, they might transfer cash to those trapped to pay for transport home.
Employment & perks / monetary aid
There is even the option for those stuck to contact their manager and request for an advance of their salary to pay for travel home. The UK government can also offer monetary assistance in a few situations. Additional info can be accessed on www.gov.uk
If money runs out, or people stuck do not have accommodation, or access to meals / water / medical supplies
The UK Government has committed to making sure that British citizens in foreign country have access to housing, medical supplies, food and water.
If money is over whilst trapped abroad, The UK Government can as well provide monetary assistance in some circumstances. Additional info 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 stuck abroad, they should make sure that anybody they are taking care of is seen well. If somebody else is looking after this person, they may be asked to carry on to do this till they come back to the UK.
They may request family or friends to take care of this person till they return back.
If no other option is available, the home local authority must be contacted for further suggestion and help.
If the trapped passenger has tension regarding their employment or self-employment
If they are doing a job, they should keep in contact with their manager wherever possible to keep them updated on their situation.
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 whilst stuck in a foreign country
The stranded passenger will still receive Universal Credit, Housing Benefit and Pension Credit if they are in a foreign country for around one month.
In the case of Personal Independence Payment (PIP), Disability Living Allowance (DLA) and Carer’s Allowance, each one is payable for 13 weeks whilst in a foreign land.
The State Pension will be paid regardless of how long the citizen stays in a foreign country.
Any queries or doubts about benefit payments whilst abroad 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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