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Refunds
We received this query via email today, from Diane Pettitt, manager at Imp Travel Ltd:

"Can Tour Operators legally say that they are not refunding clients who are travelling to India and Mexico and that they have to claim on their travel insurance. Thanks"

Our expert Farina Azam of Kemp Little had the following answer for Diane:

"If their trip is due to depart within the next 30 days (which means they’re affected by the FCO advice against all but essential international travel), then there is an argument that Reg 12(7) of the PTRs do not apply to these circumstances, and as such customers are not automatically entitled to a full refund of their trip. As such, customers should be offered a postponement of their trip in the first instance. If they insist on cancelling, they should directed to make a claim on their travel insurance. If the insurance doesn’t cover them (or they don’t have any), then a decision needs to be made as to whether a refund should be paid out under Reg. 12(7) of the PTRs. If the answer is yes, customer is entitled to a refund, you have to make refunds within 14 days. However, my advice would be to hold off paying a refund until we’ve heard further from ABTA/CAA as to whether the government has managed to have the rules around refunds relaxed – we should know more within the coming days."
2 Collaborators
Abra Dunsby
Former Member
Abra Dunsby
Brian RuddManaging Director

2 responses
 Former Member Former Member19 Mar 2020 12:41
Hi Brian, we've passed on your enquiry to Farina and will be in touch asap.

Brian RuddBrian Rudd19 Mar 2020 12:36

Hi Farina. Does the fact that the FCO has specifically advised against non-essential travel to India alter your advice?

 

Thank you

 

Brian Rudd

Cambourne Travel Ltd

 Former Member Former Member19 Mar 2020 16:57

Hi Brian, our expert Farina Azam of Kemp Little had the following answer for you:

 

"If the FCO advice has affected flights to the destination – then yes, potentially. FCO advice advising against travel to a specific destination is the kind of thing you’d expect to invoke the cancellation right under Reg 12(7), but again, the issue is that the FCO is advising against travel to so many destinations, it’s unprecedented. The advice at the moment is to hold off on offering refunds until we know whether there’ll be a relaxing of the rules under the PTRs."

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