Coronavirus travel rights
4 July 2022
Holiday rights
Your holiday's booked, you're counting down the days. But what happens if something goes wrong? Here we have your key rights covered, from ATOL and ABTA to when to get insurance and what to do if you need to cancel.
Most only find out their rights when something goes wrong. But if you know at the outset, before you book, you could save yourself hassle later down the line.
Booking a package holiday usually ensures you have the most protection if something goes wrong (eg, the travel firm goes bust). The rules on what counts as a package holiday changed in 2018 – here's how protection works for traditional packages and DIY packages (where you buy flights/hotel/car hire from the same website, travel shop or call centre) booked since 1 July 2018:
The rules defining exactly what kind of holiday you have for protection purposes are pretty complicated and there are some fiddly exceptions to the rules above, so unless you're 100% sure, ask.
Travel firms are now required to tell you upfront if you're buying a 'package holiday' or 'linked travel arrangement' – so if in doubt, check before you buy.
While all package holidays are protected, the way that protection is provided varies:
If your flights, hotel or package holiday cost over £100, pay by credit card to nab extra protection if you book direct with the airline, hotel etc.
This is because when the transaction's over £100, Section 75 of the Consumer Credit Act means the card company's equally liable with the retailer/supplier if something goes wrong – see our Section 75 guide for full info.
So say the airline goes bust and you've booked directly with it, you can at least get your money back from the card company.
When Lowcostholidays went under, this is how many people got their money back, as it didn't have ATOL protection.
If you pay on credit card, always pay it off in full at the end of the month so you're not charged interest. For full info including more detail on the exceptions, see our Section 75 guide.
You may be covered by ATOL/ABTA if it's a holiday, but for individual flight or hotel-only bookings via a travel agent or flight broker, you may not be covered by Section 75.
This is because you have no direct relationship with the supplier – ie, the airline – which is required for it to kick in; instead, your relationship is with the travel agent.
To break it down further, there are up to three layers when it comes to a flight booking – a comparison site such as Skyscanner, online flight brokers such as Expedia, and the airline. Of those, you can only book with a travel agent or the airline directly.
Obviously it's the airline that runs the flight – but online travel agents are the ones that tend to sell cheaper flights, so many choose to book with them. For more on this, see MSE Nick's blog on booking via third parties.
That said, flights and accommodation or car hire booked from the same company within 24 hours are covered by ATOL, even if not part of a formal package.
Many non-EU countries specify visa requirements. Some countries offer them on arrival, others require them in advance – sometimes a costly and lengthy process, sometimes relatively quick and cheap as with ESTA, the US Visa Waiver Program.
Besides keeping yourself out of harm's way, it's also important to check if your destination is considered safe to ensure your holiday is covered. Many travel insurance providers will refuse to pay out for issues – including cancellations – at destinations declared unsafe to visit.
To check entry requirements, destination safety and other information, refer to the Government's foreign travel advice.
If you've paid but don't have insurance, and you need to cancel because you fall ill or suffer a bereavement, you won't be covered.
Insurance won't just cover you while you're away – it'll also cover you for cancellation or anything else that might go wrong BEFORE you make your trip.
With annual policies, you can choose the start date so ensure they begin as soon as possible, not the day you travel. Also ensure that cover is continuous if you switch annual cover, so the new policy starts as soon as the old one ends. Our Cheap Travel Insurance guide has full details.
A Global Health Insurance Card (GHIC) and European Health Insurance Card (EHIC) give you treatment at state-run EU hospitals and GPs at the same cost as a local.
If you already have an EHIC, it will continue to cover you in EU countries for the entire time it's valid, so you MUST check it's still in-date as they expire after five years.
If you need to renew, or apply for the first time, you'll receive a GHIC instead – but it does the same thing. For full help, including how to get one for FREE (never pay), see our Free GHIC or EHIC guide.
It might be the airline, hotel, tour operator or travel agent. Whichever has gone bust, don't panic, as there may be a way out. What you do and what you're entitled to depends on the type of holiday you've booked, whether you've booked it with a UK-registered agent or operator and what it includes (for example, air travel or not). We've full help depending on your holiday type below.
Before we get into it, we've focused on protection via Government schemes, via the travel industry or from your card firm or travel insurer. In theory, if a firm goes bust, administrators are appointed to split whatever cash is left among those it owes money to, such as customers. However, in reality customers are so far down the pecking order they rarely get anything back.
A significant event such as these can lead the Foreign and Commonwealth Office to warn against all but essential travel to affected areas or leave you unable to travel due to grounded flights or other transport.
Often airlines or transport companies offer refunds or alternative arrangements to passengers when major events occur.
These elements are otherwise known as consequential losses and can cost £100s. First, check with the provider if your booking is refundable, whether under the terms of the booking, or as a goodwill gesture.
If that doesn't work, contact your insurer. Some policies, especially those offering fuller protection, may cover you, often under what's known as 'abandonment protection'. Other policies won't. Some insurers set their own timescales as to when cover kicks in, for example if you're delayed by at least 24 hours.
When British Airways suffered an IT meltdown in May 2017, causing cancellations and delays, a spokesperson for the Association of British Insurers told us: "The main purpose of travel insurance is to cover emergency medical expenses and other travel-related expenses like baggage loss, rather than systemic computer breakdowns like this situation."
However, a number of insurers have told us they may cover consequential losses – their responses are detailed in the table below.
Major insurers' policies
TRAVEL INSURER |
ARE YOU COVERED FOR 'CONSEQUENTIAL LOSS'? |
---|---|
Allianz Assistance | No |
Aviva | Yes – depending on the reason for cancelling |
Axa | Yes – the majority of policies cover this |
Churchill | Yes – depending on the reason for cancelling |
Coverwise | No |
Direct Line |
Yes – depending on the reason for cancelling |
Holidaysafe | Some will be covered but only if checked in and delayed for 24+ hours |
Leisure Guard |
Yes – if you're delayed by 12+ hours |
LV | Depends on policy – only 'Premier Policies' offer cover |
Last updated: February 2020 |
---|
Check your insurance policy and see what you're covered for.
However, even if it technically covers you, you'll need to show you allowed a reasonable amount of time to get to the airport. If you left with just enough time, it may be argued that that's not enough, and likewise if you didn't factor in planned engineering works or planned strikes ahead of time.
Here, you may be lucky but it depends on the situation.
Step 1: Check if the booking is refundable. If you booked flights and a hotel yourself and not on a package, flights typically won't be, unless you booked a fully flexible ticket. Hotel bookings can be but terms vary.
If you booked a package holiday, it's unlikely to be refundable – at the very least you'll lose any deposit you've already paid. And the closer you get to travel, or if the contract states you still have to pay the full amount, the more you could lose.
It can be different with bereavements or serious illnesses as some companies' rules may allow you to cancel a non-flexible ticket if, for example, a close family member dies. Or the firm may at least bend the rules if you ask. Virgin Holidays, for instance, allows you to change names on the booking if one person can't make it due to illness or bereavement.
Step 2: Check your insurance policy – this is why we say to get insurance ASAP. Insurance often covers you if you get ill or you're made redundant, but check, as policies vary. It'll also often cover you if you're called for jury service that you can't get out of.
If cancellation cover is included, it may also pay out if a close family member such as a parent, child, sibling or grandparent gets ill, though you'll need a doctor's letter as proof.
If you're made redundant, you'll need a letter from your employer outlining the redundancy. The insurer may also call to confirm it too.
You'll need to check the terms and conditions that you accepted when you booked – holiday firms don't give the same generous policies to return something that clothing and other retailers do. You need to be certain before you book that it's what you want.
If you booked a package holiday, it's rarely refundable – at the very least you'll probably lose any deposit you've already paid. And the closer you get to travel, or if the contract states you still have to pay the full amount, the more you could lose.
It depends on the type of ticket/room/etc you booked. If it was the cheapest, it's very unlikely, with most airlines or hotels, to be refundable. In this case, your only hope is a goodwill gesture.
Some exceptions apply, eg, you can pay £35 to cancel a booking made using Avios loyalty points. Also some airlines – eg, American Airlines and Virgin Atlantic – may allow you to cancel free of charge within 24 hours, though you're less likely to need to in that timeframe.
If you booked a fully flexible ticket or room you're usually able to cancel free of charge. It's a similar story with car hire – it's all down to the type of booking.
It's the last thing you need when you're hoping to jet off, but if your flight's delayed or cancelled the airline has a duty to look after you, get you on a flight, and in some cases pay you a hefty chunk of compensation or a refund.
These rules only apply to UK and EU-regulated flights, so if you're flying from a UK/EU airport regardless of airline, or on a UK/EU airline that lands at a UK/EU airport (including those in Iceland, Liechtenstein, Norway and Switzerland). See our Flight Delays guide for full info.
Unfortunately, there's little that can be done about the weather – that's just bad luck. If the hotel is rubbish, you've no protection by law in most cases and travel insurance almost certainly won't cover you.
However, if you booked it as part of a package, the tour operator is obliged to describe the hotel accurately under the Package Travel Regulations. If it doesn't, you're entitled to compensation.
If it wasn't a package, you could complain to the hotel or travel agent. It may do something if it agrees with you or if it simply wants to keep you sweet – particularly given how sensitive hotels are to bad reviews.
Outline exactly what the issues were. Your complaint is also likely to be stronger if you do it as soon as the problems arise. Taking photos as evidence will also be helpful.
And if the firm you booked with is an ABTA member, any accommodation provided must meet certain basic standards. So you could ask ABTA to step in if you get nowhere, though there's no guarantee of success. For full complaining help, see How to Complain and Consumer Rights.
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Here's a list of your most frequently asked questions that are outside of the wider issues above. If you've a question not answered here or in this guide, please post it in the holiday rights forum discussion.
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