Lockdown refunds: Your rights if you cannot travel from or within England

The new lockdown will kick in from 5 November

Awkward situation: a climbing wall at Center Parcs, which is offering full refunds to its customers affected by lockdown (Simon Calder )

People who live in England have been told that they cannot travel on holiday between 5 November and 2 December.

The government says: "Overnight stays and holidays away from primary residences will not be allowed. 

"This includes holidays abroad and in the UK. It also means you cannot stay in a second home, if you own one, or staying with anyone you do not live with or are in a support bubble with.

“There are specific exceptions, for example if you need to stay away from home (including in a second home) for work purposes, but this means people cannot travel overseas or within the UK, unless for work, education or other legally permitted reasons.”

The rules prohibit residents of England to travel to Wales, even after the Welsh government “firebreak” ends on 9 November. The same applies for Scotland and Northern Ireland.

Anyone who is currently on holiday will be allowed to complete it, even if it finishes after 5 November. But you will need to comply with the lockdown rules.

Tens of thousands of people have advance bookings for UK holidays during these four weeks.

This is an assessment of your rights.

I’m due to start a UK holiday during the second lockdown. Can I claim back the cost of accommodation?

Probably, and some leading companies are proactively setting out the options. For example, Center Parcs is offering those booked during lockdown the choice between a full refund or rebooking to a future date with a discount of £100 on prevailing rates.

If your provider does not contact you, then you can contact them to ask for your money back – though you might consider a different solution, such as postponement.

In its latest “Statement on coronavirus, consumer contracts, cancellation and refunds,” the Competition and Markets Authority (CMA) says: “For most consumer contracts, the CMA would expect a consumer to be offered a full refund where …  a consumer is prevented from receiving any goods or services, because, for example, lockdown laws in the UK or abroad have made it illegal to receive or use the goods or services.”

But it cautions that this is simply its view, saying: “Ultimately only a court can decide how the law applies in each circumstance.”

In addition, if the accommodation provider has spent money specifically on your booking – for example hiring special equipment or engaging extra staff – they can keep the appropriate amount.

Since the coronavirus crisis began, many accommodation providers have added a clause to exclude full cash refunds. Typically it will say that in the event of government action related to coronavirus they will offer a credit note or postponement rather than a cash refund.

Airbnb has an “extenuating circumstances policy” that offers penalty-free cancellations – but for bookings made from mid-March onwards it specifically excludes coronavirus travel restrictions, “because Covid-19 and its consequences are no longer unforeseen or unexpected”.

Even if you are entitled to your money back, consider options to help limit the damage caused to the UK travel industry. Talk to the provider to discuss options to postpone or accept a credit note – though be warned that in the event of their insolvency you are likely to lose your money.

My refund request has been declined. What can I do?

Write a Letter Before Action explaining what you believe you are owed, and that if you do not receive it by a certain date then you will take action to recover it. This gives the provider a chance to change their mind.

If it does not work, you could, as the CMA suggests, go to the courts – specifically Money Claim Online. But this is a cumbersome process that could well take a long time to process, and you will have to stump up more money in advance. 

If you paid with a credit or debit card the most straightforward course is to phone the card issuer and ask them for a “chargeback” – where, after some enquires, they credit your account and debit the merchant.

With a credit card, if the amount is over £100, then you can alternatively make a “Section 75 claim” – which is also useful if, say, you paid a deposit with a credit card but the balance by bank transfer.

If you have paid the whole amount by bank transfer then you will have little option but to begin a legal claim.

I have an Advance rail ticket that I cannot now use because of the lockdown rules. Can I get my money back?

No, because train operators stipulate Advance tickets are non-refundable. But the Department for Transport (DfT) has now brought in rules that mean you will be able to obtain a voucher to the same value that you can spend on rail travel any time within a year.

Will I get any credit or extra time for not being able to use my railcard for another month?

No. The DfT has already rejected the chance to offer extensions for railcard holders after the first lockdown as unfair to taxpayers.

What about domestic flights?

If your flight goes ahead, then you are not legally entitled to a refund. In practice, though, there is a good chance your flight will be cancelled as airlines make deep cuts to their flying programmes. Wait to be notified of a cancellation; if you voluntarily accept a voucher, you surrender your entitlement to cash.

Should your flight go ahead, the airline is likely to offer a voucher for future travel anyway.

I have a foreign holiday booked and paid for in November. As I can’t travel, what are my rights?

That depends on how you booked the trip, and the attitude of the travel provider. 

The simplest case is if you booked a package holiday with one of the two giant companies, Jet2 Holidays or Tui. They have cancelled all affected trips, and disappointed holidaymakers are entitled to a full refund within two weeks.

If you have booked flights separately, then your rights depend on whether the departure actually goes ahead. Many flights are likely to be grounded due to a near-complete collapse in bookings. 

Under European air passengers’ rights rules you are then entitled to all your money back within a week. 

However, some flights will continue – not least because there are British travellers across Europe who are expecting to be brought home at the end of their holidays. If both legs of the trip are operating, then you have no legal entitlement to a refund. 

However, British Airways and easyJet are likely to provide vouchers if you are unable to travel. Ryanair and Wizz Air will not, but say that you can postpone the trip. Since November is the lowest of seasons, though, flights at other times of year are likely to be more expensive.

Anyone who has booked through an online travel agent (OTA) may face problems. Some of them are going against the advice of Abta, the travel association, and refusing to pay full refunds if the flights are going ahead. 

Can I claim on travel insurance?

Probably not, because the majority of expenses are recoverable by other means. If, though, the insurance policy was taken out before mid-March 2020, when the coronavirus pandemic became a “known event,” then you may be able to claim for losses unrecoverable elsewhere.

I booked a holiday in November on the basis that there would be no lockdown, as the government insisted on Friday. I have lost many hundreds of pounds because I turned down freelance work. Who do I sue?

On Friday 30 October the foreign secretary, Dominic Raab, said a second lockdown was not on the cards. He told the BBC’s Today programme: “We are not taking a one-size-fits-all approach or a blanket approach or a blunt approach.”

The following day, the prime minister said a second lockdown would be imposed.

I fear, though, that there is little scope in a legal case against ministers who provide advice that proves damaging.