Consumer Advice
Information Regarding Covid-19
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 important travel to foreign land, cities and locations. This comprises two important travel advisory notices: 1. If you are abroad, return to the UK as quickly as possible if commercial flights are still open 2. If you are currently in the UK, do not travel abroad unless it is absolutely essential Various airlines are now declaring cancellations of flights and the stalling of aircraft after the revelation that many countries are implementing ‘lockdown’ of borders and the restraint of travel to lower the spread of the virus.
The Government has announced a partnership with airlines to plan special chartered flights. These will bring back nationals that are currently stranded abroad. Additional information will be announced by the government’s travel advice, all British embassies as well as all British high commissions. A dedicated travel management firm will be used for stranded residents to reserve and pay for the flight back home.
Additional info on travelling abroad and existing government advices are accessible at www.gov.uk/foreign-travel-advice Patrons who are yet to travel to their destination – Entitled to a refund or, in some cases, the option to rebook for alternative date.
Flight and Holiday Cancellations
Flights as part of a holiday package
Entire expense of the holiday will be repaid. This is happening certainly for some patrons, but consumers can get in touch with the company that they made reservations through for extra clarification.
Flights and hotel booked independantly
Patrons are suggested to get in touch with their hotels, requesting a compensation/adjustment in dates. Several airlines are allowing commuters to rebook flights for free.
In conditions where the hotel and site are functioning, and the booking is non-refundable, then travellers may lose out.
Travel Insurance policies
Patrons are recommended to certify the particulars of travel insurance policies that they have bought. These may payout financial reimbursement in circumstances where other means do not.
If patrons have arranged travel to infected zones after a notice was issued in the area, then there is a chance that any insurance policy may be nullified by this. Patrons are advised to check the particulars of their insurance policies and if at all unsure, contact their insurance company straight for further information.
New travel insurance policies
In light of present happenings, various insurance companies have ceased selling new travel insurance plans and, in certain situations, have altered cover as a outcome of the coronavirus outbreak. The Association of British Insurers has affirmed that travel insurance is a product meant to be used in unprecedented circumstances, and due to the present condition, concerns arising as a result of coronavirus are no longer regarded ‘unforeseen’.
Already overseas and no channels of returning back to the UK – Airlines have a duty of concern to those travellers abroad if they have stopped a return flight. The airline must furthermore pay for any further expenses for stay and any food vital. For those consumers who have taken a refund, then the obligation of worry ends here. It is then the duty of the passenger to arrange travel back to the UK.
In circumstances where neither of the above is probable, or where patrons feel stranded, they are instructed to contact the embassy in their current location to get further help. Individual embassy locations can be obtained 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 notice released in regard to a destination that the consumer selects to journey to, and the consumer picks to abandon their plans, then there is no certain right to compensation.
Customers are advised to check policy and booking confirmation particulars and to contact their insurance/travel provider if explanation is necessary or a repayment due. If you think that your consumer 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 reserved via an certified booking site, then you ought to normally receive a refund.
The Society of Ticket Agents and Retailers (STAR) is the industry’s self-regulatory body and as such, oblige firms listed with them to reimburse the ticket’s face value cost when an event is cancelled. This does not consist of the fee paid for delivery.
It is recommended that for any other ticket retailer, the specific company terms and conditions are referred. For resale sites and other events, the company who formerly sold the tickets should be contacted in the first instance to ask for reimbursements. There may also be the possibility to rebook at a later date if the event is being postponed.
Postponed events
Original tickets should be retained until a rearranged or changed date is announced. If there is an problem with the date that the event or concert has been moved to is not fitting, then a refund can be requested through the original booking company.
As with cancelled events, this may not contain the charges incurred for booking fees or delivery.
Certain events may be different, depending on the terms and conditions of the coordinator.
Customers choosing not to attend – If customers wish not to concerts or sporting events, but the event is still going ahead, there is small likelihood of getting money back.
Cinema closings
Several of the big movie franchises have declared that they will be terminating all their screens in the UK until further announcement. For customers who have already purchased tickets, refunds or the choice to postpone this to a later date (if possible) are offered.
A few of the greater chains with loyalty cards and monthly membership are instructing that monthly charges will carry on, with a view to giving the ‘time back’ once service recommences as usual. Others are recommending that they will be pausing payments for memberships. Consumers are advised to watch on the websites and social media apprises from the cinema that they have booked through.
Obtaining back hotel and travel costs
If an event is cancelled due to the coronavirus epidemic and there have been expenditures incurred for hotels and travel, then the establishments for all of these should be contacted for more information on reimbursements.
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 incompetent to offer the amenity due to the coronavirus pandemic, then a refund should be paid. Reservations for marriages and special functions
Marriages and special occasions could probably be afflicted by the outbreak of coronavirus. If the venue or company catering the ceremony or managing cancels, then a repayment should be arranged for whatever has been cancelled. For those with wedding protection, terms and conditions should be conferred for everything that can be claimed back. If it is the customer, or individual who has reserved the event that is choosing to cancel or reschedule the event, then some fees may apply. Negotiation and discussion with the planner around rescheduling the event is essential.
For anything that has previously been paid in terms of deposits that cannot be reimbursed, the coordinator should define in detail the cause why a refund is not possible, 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 orders made on credit cards in excess of £100. This makes the credit card company ‘joint and severally’ accountable when a service or product that has been paid for cannot be delivered.
For purchases under £100 made on a credit card, or those made on a debit card, buyers can contact 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 remain unchanged throughout the coronavirus crisis. A couple of delivery companies have proclaimed delays on uneeded items in favour of delivering medical supplies and necessary items. For more details on orders already placed or delays experienced, the firm delivering the goods should be the initial point of contact.
We have outlined the important consumer rights legislation that is relevant in various situations listed below.
Nevertheless, a more comprehensive guide to consumer rights, including different aspects, is available by browsing consumeradvice.scot knowledge centre: https://www.consumeradvice.scot/knowledge-centre/
Consumer Rights Act 2015 – Faulty Goods – Repair or Replace
While ordering products from a seller, the Consumer Rights Act 2015 states they must be:
- Of satisfactory quality (free from any defects / damage and durable)
- As the agentmentioned
- The same as any sample shown
- Exactly like any model shown Fit for the idea made known to the seller
If requesting for repair/replacement within first 30 days, then the consumer 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 do not apply to their products and have passed the initial thirty days after ordering, might be entitled to repair or replacement which is –
- Cost-free
- Repair should be long lasting
- Replacement should be same
- Within practical time frame
- Without resulting in considerable difficulty
In case a repair/replacement is not possible then they may rather be entitled to:
- Keep the merchandise for a reduced rate
- Return back the merchandise for a refund (full reimbursement in six months or partial reimbursement after or if a vehicle)
Private Sales – Sale of Goods Act 1979
Whenever something is ordered from a private seller, the consumer is covered by the Sale of Goods Act 1979 which claims the merchandise must suit the description given by the seller. This includes:
- Any description in an advertisement
- Any description given in an email or text Any description during discussions over the call or personally
If the customer thinks that the products do not match the seller’s description, then they can be entitled to;
- A full re-payment if the products have not been accepted (not used and problem observed instantly)
- Loss – a monetary amount to cover mending or the difference between what amount was paid and what the goods are worth
The trouble of proof is on the client to confirmverify that the products don’t match the sellers description, that could be tough if the description was given orally.
Rail companies and travel companies have different policies regarding refunds of tickets impacted by the coronavirus pandemic.
Scotrail are offering refunds on several train ticket types. Their process has altered a little because of the situation, and an administration charge may be imposed, depending on the type of ticket.
A valuable guide to refunds that are offered from Scotrail can be found here: https://www.scotrail.co.uk/plan-your-journey/refunds Those people who have planned a trip that is no longer necessary or have booked travel to a cancelled function should call the travel service for additional details on their individual terms, along with refund guidelines.
Though the Government has advised that everyone abroad should return back to the UK, several are yet stranded without any way to get back home.
The Government has adopted steps like specially chartered flights to help bring citizens home, however this might take time. For the moment, they have made numerous recommendation regarding what those people who are trapped abroad need to do.
If somebody suffers or believes they have coronavirus
The Government authorities of both the area and nation in which the buyer is residing will provide advice and guidance on what to do if somebody suffers, or thinks that they have, coronavirus. Additionally, the resident must seek medical assistance and self-quarantine.
The NHS have compiled a guide on signs that are normally 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 area where the UK citizen resides can be used to contact the local authorities. For additional info on embassies, or to find the closest one in your area, please call on 0207 008 1500, or instead click:
https://www.gov.uk/world/embassies#
If a visa is expiring soon
If a visa is expiring, the measures required will depend upon the region that the UK citizen finds themselves. If unsure, 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
In addition, the local embassy or consulate can be used to get in touch with the local authorities. For more information on embassies, or to locate the closest one in your area, please contact 0207 008 1500, or otherwise click:
https://www.gov.uk/world/embassies
If an affordable flight to home cannot be booked
The travel company should be contacted in the first instance for more info on going back home. They might delay or reimburse payment for the trip to home town.
Those with travel insurance should get in touch with their provider as the cover will be extended by 60 days if those travelling are making every single effort to return home. Those who can’t afford travel may even see if their credit card insurance applies.
UK citizens who find themselves stuck must even keep themselves updated on the announcements from local travel firms.
It is important to get in touch with friends and family to make sure they are aware that everybody in the party is safe and secure. If possible, they may be able to transfer money to those stuck to pay for flying back home.
Employment & perks / monetary aid
There is also the option for those stranded to contact their boss and ask for an advance of their payment to pay for travel home. The UK government can even provide financial assistance in certain circumstances. Additional info can be read on www.gov.uk
If money is over, or those stuck don’t have somewhere to stay, or access to food / water / medical essentials
The UK Government has promised to ensuring that British citizens abroad have access to accommodation, medical supplies, water and food.
If cash is over whilst trapped in a foreign land, The UK Government can as well provide financial aid in certain circumstances. Additional information can be accessed on www.gov.uk.
If the trapped passenger needs to take care for somebody back in the UK
If the citizen is stuck abroad, they must ascertain that anyone they are taking care of is seen well. If someone else is looking after this person, they may be asked to carry on to do this until they fly back to the UK.
They may ask family or friends to take care of this person until they return.
If no option is available, the home local authority should be contacted for further support and advice.
If the trapped passenger has pressure about their employment or self-employment
If they are doing a job, they must contact their manager wherever possible to keep them updated on their situation.
If they are employed, they can however be furloughed under the job retention scheme. If they are self-employed, they can request for for the self-employment income support scheme.
Benefits or state pension while trapped in a foreign land
The stranded passenger will still attain Universal Credit, Housing Benefit and Pension Credit if they are in a foreign country for up to 4 weeks.
In the case of Personal Independence Payment (PIP), Disability Living Allowance (DLA) and Carer’s Allowance, each person is payable for thirteen weeks whilst in a foreign country.
The State Pension will be paid regardless of how long the citizen has been in a foreign country.
Any queries or concerns about benefit payments whilst 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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