Covid-19 - Your Rights As An Consumer

Covid-19 - Your Rights As An Consumer

Covid-19 - Your Rights As An Consumer

Consumer Advice
Covid-19 - 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 directed against all but essential travel to foreign land, towns and areas. This comprises two main travel advisory 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, do not travel to foreign land unless it is absolutely indispensible Various airlines are now announcing cancellations of flights and the grounding of aircraft after the declaration that several countries are implementing ‘lockdown’ of borders and the restriction of travel to lower the increase of the virus.

The Government has announced a affiliation with airlines to organise special chartered planes. These will bring back residents that are currently stranded abroad. Further information will be issued by the government’s travel advice, all British embassies as well as all British high commissions. A dedicated travel management company will be utilized for stranded nationals to reserve and pay for the flight home.

Further details on travelling abroad and current government recommendations are offered at www.gov.uk/foreign-travel-advice Consumers who are yet to travel to their region – Entitled to a compensation or, in some cases, the choice to rebook for alternative date.

Flight and Holiday Cancellations

Flights as part of a package holiday

Whole cost of the holiday will be compensated. This is happening inevitably for some patrons, but customers can contact the company that they booked through for additional explanation.

Flights and hotel booked separately

Patrons are recommended to contact their hotels, asking for a compensation/adjustment in dates. Several airlines are permitting passengers to rebook flights for free.

In situations where the hotel and location are open, and the booking is non-refundable, then travellers may miss out.

Travel Insurance policies

Customers are advised to check the specifics of travel insurance policies that they have procured. These may extend financial compensation in circumstances where other ways do not.

If patrons have organised travel to infected regions after a caution was published in the area, then there is a risk 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 extra information.

New travel insurance policies

In light of current affairs, various insurance companies have ceased selling new travel insurance policies and, in some conditions, have modified cover as a consequence of the coronavirus epidemic. The Association of British Insurers has declared that travel insurance is a product meant to be used in unforeseen situations, and owing to the present situation, concerns occuring as a consequence of coronavirus are no longer considered ‘unforeseen’.

Already overseas and no channels of returning back to the UK – Airlines have a responsibility of worry to those passengers overseas if they have cancelled a return flight. The airline ought to moreover pay for any extra charges for stay and any food essential. For those customers who have taken a refund, then the duty of worry terminates here. It is then the duty of the passenger to coordinate travel back to the UK.

In circumstances where none of the above is conceivable, or where customers feel stuck, they are recommended to contact the embassy in their current location to get more assistance. Detailed embassy locations can be acquired by visiting www.gov.uk/world/embassies and searching based on your destination.

Travellers opting to cancel their travel plans

If there has been no caution published in relation to a destination that the customer selects to travel to, and the consumer picks to cancel their plans, then there is no guaranteed right to compensation.

Travellers are insisted to verify policy and booking approval details and to contact their insurance/travel source if clarification is wanted or a repayment due. If you think that your consumer 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 reserved through an official booking site, then you should normally receive a repayment.

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

It is recommended that for any other ticket seller, the particular company terms and conditions are referred. For resale sites and other events, the business who originally sold the tickets should be contacted in the first case to request repayments. There may also be the option to rebook at a later date if the event is being rearranged.

Postponed events

Original tickets should be held until a rescheduled or revised date is declared. If there is an problem with the date that the event or concert has been postponed to is not fitting, then a reimbursement can be asked for through the original booking company.

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

Individual events may vary, depending on the terms and conditions of the coordinator.

Customers deciding not to show up – If consumers wish not to concerts or sporting events, but the event is still going ahead, there is small likelihood of getting money back.

Cinema cessations

Several of the big movie chains have announced that they will be shutting all their screens in the UK until further notice. For consumers who have already bought tickets, refunds or the choice to reschedule this to a later date (if possible) are presented.

A few of the greater franchises with loyalty cards and monthly membership are recommending that monthly payments will carry on, with a view to imparting the ‘time back’ once amenities recommences as regular. Others are instructing that they will be stopping payments for memberships. Consumers are instucted to watch on the websites and social media apprises from the cinema that they have booked through.

Getting back hotel and travel charges

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

Individual terms and conditions may vary, but choices may be offered to reschedule or rebook on an alternative date due to present conditions.

As a side note, if the hotel or travel provider is incompetent to deliver the service due to the coronavirus pandemic, then a refund should be paid. Deposits for weddings and special events

Marriages and special occasions could possibly be afflicted by the outbreak of coronavirus. If the company or venue offering the service or organising cancels, then a reimbursement 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 individual who has reserved the event that is choosing to cancel or rearrange the event, then some fees may apply. Negotiation and discussion with the coordinator around rescheduling the event is vital.

For whatever that has previously been paid in terms of deposits that cannot be reimbursed, the planner should outline in detail the cause why a reimbursement is not probable, including 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 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 entertained.

For purchases under £100 made on a credit card, or those made on a debit card, clients 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 scheme is at the discretion of the bank or building society.

Consumer rights remain unchanged throughout the coronavirus pandemic. A couple of delivery and logistical companies have declared delays on non-essential products in favour of shipping medical supplies and essential goods. For additional details on orders already placed or delays experienced, the company delivering the products must be the initial contact point.

We have detailed the key consumer rights legislation that is relevant in various situations below.

Nonetheless, a more comprehensive guide to consumer rights, covering different areas, is accessible by checking out consumeradvice.scot knowledge centre: https://www.consumeradvice.scot/knowledge-centre/

Consumer Rights Act 2015 – Faulty Goods – Repair or Replace

When ordering goods from a trader, the Consumer Rights Act 2015 declares they must be:

  • Of satisfactory quality (free from any defects / damage and long-lasting)
  • As the dealermentioned
  • Just like any sample shown
  • Exactly like any model shown  Fit for the purpose made known to the dealer

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

Consumers who believe that  any of the above don’t fit for their products and have exceeded the first 30 days after  ordering, might be entitled to repair or replacement that is –

  • Free of cost
  • Repair should be lasting
  • Replacement should be exact same
  • Within realistic time frame
  • Without leading to considerable inconvenience

If a repair or replacement is not possible then they may rather be allowed to:

  • Keep the items for a lesser rate
  • Return back the items for a refund (complete refund in 6 months or perhaps partial reimbursement after or if a vehicle)

Private Sales – Sale of Goods Act 1979

If something is bought from a private seller, the customer is covered by the Sale of Goods Act 1979 which claims the goods must go with the description given by the seller. This includes:

  • Any description in an advert
  • Any description provided in an email or text message
  • Any description during chats over the call or in person

If the purchaser thinks that the items do not go with the seller’s description, then they could be entitled to;

  • A total refund if the items have not been accepted (not used and issue noticed instantly)
  • Loss – a monetary amount to apy for mending or the difference between what amount was paid and what the items are worth

The burden of proof is on the buyer to confirmverify that the products don’t match the sellers description, that can be tough if the description was delivered verbally.

Rail companies and travel providers have different policies about refunds of tickets affected by the coronavirus outbreak.

Scotrail are giving reimbursements on numerous train ticket types. Their process has changed a little due to the situation, and an administration charge may be imposed, depending upon the type of ticket.

A valuable guide to refunds that are provided from Scotrail can be seen here: https://www.scotrail.co.uk/plan-your-journey/refunds Those who have planned travel that is not needed or have booked travel to a cancelled event should contact the travel service for additional info on their individual terms, as well as refund guidelines.

Although the Government has advised that every person abroad must return to the UK, many are still trapped without any means to get back home.

The Government has taken measures such as specially chartered flights to enable get citizens home, however this may take time. In the meanwhile, they have made numerous recommendation about what those stranded in a foreign land should do.

If someone suffers or believes they are infected by coronavirus

The Government authorities of both the region and country in which the client is staying will provide suggestion and guidance on what to do if somebody has, or believes that they are infected by, coronavirus. Also, the citizen should seek medical assistance and self-isolate.

The NHS have put together a guide on symptoms that are typically revealed 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 area where the UK citizen finds themselves can be used to contact the local authorities. For more information on embassies, or to locate the nearest one to you, please call on 0207 008 1500, or simply click:

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

If a visa is expiring quickly

If a visa is expiring, the actions necessary will depend upon the location that the UK citizen is located. If unsure, look at the travel advice for that nation from the UK foreign and commonwealth office. This guide can be found by checking out:

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

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

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

If a reasonably priced air flight home cannot be found

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

Those people having travel insurance must get in touch with their service provider as the insurance cover will be extended by 2 months if those travelling are making every effort to go back home. Those who can’t afford travel may even see if their credit card insurance applies.

UK citizens who find themselves stranded should even keep themselves informed on the messages from local travel companies.

It is important to contact friends and family to ensure they are aware that everyone in the party is safe and secure. If possible, they may be able to transfer money to people stuck to pay for flying back home.

Employment & perks / financial assistance

There is also the choice for those stranded to get in touch with their boss and request for an advance of their payment to pay for travel home. The UK government can also offer monetary assistance in some situations. Additional information can be read on www.gov.uk

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

The UK Government has committed to guaranteeing that British citizens abroad have access to accommodation, medical essentials, food and water.

If cash is over whilst stuck in a foreign land, The UK Government can as well offer financial aid in a few circumstances. Additional info can be accessed on www.gov.uk.

If the trapped passenger needs to care for a family member in the UK

If the citizen is stuck in a foreign land, they must ensure that anybody they are a carer for is seen well. If someone else is taking care of this person, they could be asked to continue to do this until they fly back to the UK.

They could request friends or family to look after this person till they return back.

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

If the trapped passenger has worries regarding their job or self-employment

If they are working, they should contact their boss wherever possible to keep them informed about their condition.

If they are working, they can still be furloughed under the job retention scheme. If they are self-employed, they can request for for the self-employment income support scheme.

Perks or state pension whilst trapped in a foreign land

The trapped person will still attain Universal Credit, Housing Benefit and Pension Credit if they are abroad for up to 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 despite how long the citizen stays in a foreign land.

Any queries or concerns about benefit payments while abroad can be answered by the Department for Work and Pensions (DWP), who can be contacted by calling or clicking:

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

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