This article was written by Lynette Williams from the Expert Advice Team at Citizens Advice.

It was originally published on 22 July 2021 but was updated on 10 February 2022.

Lynette Williams works in the Expert Advice Team at Citizens Advice

The information in this article is correct as of the date of publication.

Background

Going on a package holiday this year is more complicated than ever before. Consumers will need to get to grips with Foreign, Commonwealth and Development Office (FCDO) guidance and will need to be aware of restrictions for when they return. It is also important to ensure there is protection in place for if things do go wrong. Government guidance can change quickly — staying up to date with the latest guidance is vital.

On top of this, consumers need to know what their rights are, and how to complain if the need does arise.

Preparation is key

Insurance

Consumers should check FCDO guidance for the destination they are travelling to. The FCDO advice may be against travel. There may also be restrictions in place when a consumer arrives at their destination. Some countries may need you to have had vaccinations or for you to take a Covid test. Some may not even permit entry from UK travellers at all. If a consumer travels to a country against FCDO advice their travel insurance might not be valid. This might put the consumer at risk if something does go wrong. If unsure they should check with their travel insurance company. They can ask the insurer to put the answer in writing.

Checking what an individual insurance protection policy covers is more important than ever. Consumers should think about protecting themselves in case they fall ill. They should check they have Covid-19 cover- most insurance companies now offer this. If Covid-19 disrupts the holiday consumers may not have cover unless this is stated in the policy document. Consumers should shop around to get the best deal. If their current insurance doesn’t provide enough cover, they can consider purchasing supplementary insurance from another provider — to make sure they get the protection they need.

Government restrictions

Consumers don’t only have to think about the washing when they arrive home. Restrictions may well be in place — if they don’t follow them they may find they have committed a criminal offence. This might mean they are subject to a fine. What a consumer must do depends on whether they qualify as fully vaccinated. Some form of restriction is likely to be in place for all consumers. At minimum, this may include completing a passenger locator form. Consumers who don’t qualify as fully vaccinated should check whether they need to book a pre-departure test and PCR test on arrival. Quarantine hotels are no longer active, but if any countries are added to the “red list” they may return.

Restrictions can be confusing and consumers should prepare for what they must do before and after travel. If in any doubt they can ask their travel organiser for guidance.

Problems when you arrive

If there are problems when the consumer arrives, the travel organiser has a duty to provide help (regulation 18(2) The Package Travel and Linked Travel Arrangements Regulations 2018) (PTRs)). This might include providing information on health services or consular assistance. This doesn’t replace the need to have adequate insurance in place. If the consumer has intentionally or negligently caused the difficulty the travel organiser can charge a fee for help they give.

If a consumer is unhappy with an element of the package, they should tell the travel organiser as soon as possible. They might be able to do this by speaking with a travel rep or ringing a helpline number. This means they might be able to get the problem sorted quicker — for instance, if there’s a problem with the room. If they chose to wait until they are home, they might get less compensation or none at all.

Cancelling or cancelled

With all the uncertainty, consumers may find themselves wanting to cancel their holiday. Their options may depend on the individual circumstances. Consumers may want to check with the Consumer Service.

A consumer can cancel their package holiday if they can show that at the time of the planned departure there are unavoidable and extraordinary circumstances at their destination or its immediate vicinity. The circumstances will have to significantly affect the performance of the package or travelling to it — (regulation 12(7), PTRs). If the FCDO advises against travel to the destination, this is likely to fulfil the regulatory requirements. This would mean a consumer can cancel their package holiday for a full refund.

If the FCDO says it is safe to travel there may still be restrictions in place at the destination. These restrictions may affect the performance and might be significant. One example is a destination asking UK travellers to self-isolate on arrival. Consumers should speak with their travel organiser. The consumer can explain what those restrictions are and how they would affect the holiday. It’s important to remember that restrictions can change quickly. The regulations focus on what is happening at the time of departure. This means a consumer may not be able to cancel for a full refund if the holiday is not imminent.

Restrictions in place when arriving home, won’t give the consumer a right to a refund. The PTRs focus only on the destination or immediate vicinity.

A consumer may not be able to cancel for a full refund where there is no advice from FCDO against travel. This will even be the case if the country is ‘amber’. Consumers should speak with their travel organiser. They may offer them a refund, Refund Credit Note or to change the holiday. The change might be to another time or destination. Many holiday organisers have terms and conditions that give consumers extra rights. Consumers can check these to see whether such protection is in place.

If the holiday organiser cancels the package, this will entitle the consumer to a full refund. All refunds, no matter who cancels, should be paid within 14 days. At the start of the pandemic, travel organisers were slow to refund consumers. The demand was high and many employees were working from home. However, the law hasn’t changed in regards to refund times. Consumers waiting for refunds may want to put their complaint in writing. Consumers can also look at different ways of claiming their redress. For example they could contact their card provider.

If a consumer has a disinclination to travel, they still have the right to cancel. They will have to pay an appropriate fee. This is often set out in the terms and conditions of the contract. If a consumer thinks this is unjustifiably high, they can ask the travel organiser to justify it.

Lessons to learn

The message for consumers booking a holiday is:

• prepare
• check government guidance
• know what the insurance package covers you for

If it all seems too much, speak to the travel organiser to see if they will help. Advice may differ depending on the individual circumstances. Consumers may want to check with the Consumer Service.