Coronavirus: Can I claim a refund if my return flight is cancelled?
Simon Calder answers you questions on rearranging journeys and future lockdowns in Spain
Q I am in the UK with a flight to Malta booked with Air Malta through Travelgenio. The return flight has been cancelled and I am unable to rearrange a flight home. They have yet to inform me that the flight is cancelled but others who are on the same flight have had a cancellation email.
I have requested a refund but Travelgenio responded saying it was not the airline’s policy and I could only rearrange a flight or swap to a later date. Both options are unsuitable for me. Where do I stand and how on earth do I sort this out?
Rhys T
A I am sorry to hear that you chose to book a trip between the UK and Malta with this Madrid-based online travel agent. Travelgenio is completely misrepresenting the situation. Under European air passengers’ rights rules you are entitled to a refund within a week of the scheduled departure.
However, the company may withhold its service fee. Travelgenio says: “This fee is not refundable under any circumstances.” The law is unfortunately not clear on whether it can legally do this.
In order to claim a refund, if you have documentary proof (eg an email) from Travelgenio rejecting your claim, the best plan is to tackle your card issuer – either ask for a chargeback (if it is a debit card or under £100 on a credit card), otherwise a “Section 75” claim, on the grounds that you are not getting the deal you were promised.
Yet I believe a much better option for you may well be to get an alternative flight organised at Air Malta’s expense. That is what those passenger-rights rules dictate. Ask the agent to arrange this, though I am confident that Travelgenio will not help. At that point approach the airline and invite them to do the right thing under European air passengers’ rights rules.
If both these fail, then buy a suitable alternative flight on whichever airline most closely matches your original, and send Air Malta the bill. Again, if you get rejected, your card company will be the best hope for recompense.
Q How realistic is it that Spain will be removed from the travel list? Does the government have to give any notice?
Stephanie G
A I imagine that you, like millions of other people with imminent trips to the UK’s favourite overseas country, are concerned about the reports of spikes in coronavirus cases in Spain. In response, some local lockdowns have been springing up in various parts of the nation, most recently Totana in the province of Murcia after an upsurge in infections linked to a single drinking venue, Pub Dubai.
While the Spanish government insists coronavirus infections are under control, after the very severe national lockdown during the spring months, it is possible that further spikes could arise – perhaps related to incoming tourism from countries such as the UK, Sweden and Luxembourg.
Let me outline the risks that apply to a trip to Spain this summer. Before you go, could the Foreign Office advice change and Spain return to the “no-go” list? That could happen at any time and would take effect immediately, but from what I can see so far that strikes me as unlikely. It may be that the Foreign Office warns against visiting one or more areas or islands. Were that to happen, and you are booked on a package holiday, you would qualify for a full refund.
Next, could Spain return to the “compulsory quarantine” list for your home country either before your departure or during your stay? At present England, Wales, Northern Ireland and latterly Scotland all say returning travellers from Spain do not need to self-isolate for two weeks. Once again, that may change at any time, and it could take the form of rules for specific parts of Spain.
The big two tour operators, Tui and Jet2, say they would not send holidaymakers to a place from which they need to quarantine on return. Other travel firms may not be so understanding. It is possible, but again unlikely, that quarantine could be introduced immediately for arrivals from Spain, thus affecting hundreds of thousands of people who are there at the time.
In short, this is a summer with many logistical risks for holidaymakers. I believe they are worth accepting in return for the rewards of travelling, but many may not agree.
Q Some of my family are due to fly to Skiathos at the end of the month. They have no intention of going as they don’t feel confident being on a plane, even with masks. They are booked, flight only, with Jet2. Are they able to cancel with a full refund?
Name supplied
A I am really sorry to hear that they are reluctant to travel. Your family will be much safer, from a coronavirus perspective, on the beautiful island of Skiathos than they would be in the UK. The rates of infection in Greece, particularly on the islands, are far lower and therefore the chances of contracting the virus are much lower. Indeed, there is a valid argument that the more healthy people who absent themselves, particularly from England, and go to places with a lower incidence of Covid-19, the better it would be for the UK.
I can understand concerns about being on planes, and flying is not risk-free – especially, in my experience, at airports. You have to be prepared to tolerate a small amount of risk on the journey. Travellers must also be aware that they may well be tested on arrival in Greece, and that anyone who tests positive will be required to self-isolate for 14 days – which will not be much of a holiday. But overall I certainly assess the risks as being worth the rewards of a blissful week or two in Skiathos.
If they do not share my optimism, then I fear there is little prospect of a refund. They can talk to Jet2, which has behaved decently during the coronavirus crisis. But I fear the company, which has been severely hit financially, will not be particularly helpful in allowing deferral of flight-only bookings. And I am sorry to say that I see no prospect of a cash refund, unless for some reason the flight is cancelled
Q You reported yesterday that the CMV cruise line had ceased trading and gone into administration. We were on a CMV voyage in southeast Asia in March that was curtailed because of coronavirus. We were given a letter from the chief executive saying we would be refunded because of the problems. So it isn’t a future cruise, but we are still entitled to our money. Who covers this: Abta, Atol, the administrators or the travel agent we booked through?
Carol N
A CMV is the first, but I fear not the last, of cruise lines to fail as a result of the coronavirus pandemic. Until this year it was expanding successfully. But the cruising industry has been hit harder than any other part of the travel industry by the coronavirus pandemic. Once the Foreign Office warned indefinitely against all cruise ship travel, as it did last week, the task of gaining funding to save the business became impossible.
As a result, thousands of crew and many land-based staff have lost their jobs. The group of people in the strongest position are customers with future bookings: they should get their money back. Yours, though, is a trickier case. The well-intended promise of the chief executive, Christian Verhounig, has no legal status, I’m afraid. Since you had the holiday, protection from Abta and Atol are not relevant; that applies only for current and future packages.
For compensation for failure to provide the cruise as booked, the law is cloudier. Under the package travel regulations, you should be entitled to recover a proportion of the cost of the holiday. But whether you will actually get any cash depends on the legal organiser of your fly-cruise trip. If it was you (ie you booked flights and the cruise separately), or it was organised by CMV, then you are an unsecured creditor and will be lucky to recover more than a few pence in each pound of any claim.
But if your travel agent was the organiser (ie the agent supplied flights and accommodation in a single transaction and issued an Atol certificate in its name) then there is some hope that you can get some money back for the disappointment. It almost certainly won’t be as much as Mr Verhounig promised; the agent will be able to deduct the cost of your flights and the value of the trip before it was curtailed. So I suggest you approach the agent, calculating an amount that you regard as fair, and take it from there.
Email your question to s@hols.tv or tweet @simoncalder
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments