BA Flight + Hotel Package to New York - Cancellation/Refund

arlowood

Bought my daughter and son-in-law a BA flight + hotel package to New York as a 50th birthday present. They were due to fly out on 14th April but that seems impossible now with the recent implementation of a ban on UK citizens flying to New York. It is also likely that New York will go into some form if lock down meaning that the hotels may have to shut operations.
I just checked the BA website and currently they are only offering affected passengers the option to cancel and receive a voucher which must be redeemed within 12 months. That's not really a practical solution.
Under the T&C's of the package, I am entitled to a full refund if they make any significant changes to the package or are not able to provide it for other reasons. I'm guessing that in order for them to avoid paying a refund they would have to argue that the flight was going ahead as planned and that the hotel was open and accepting guest during the time of the package.
I would clearly prefer a refund but I'm unsure how to interpret this COVID-19 situation in terms of where the cancellation liability lies.
Any words of wisdom out there?

Caz3121

have a read of the main MSE article https://www.moneysavingexpert.com/news/2020/02/coronavirus-travel-help-and-your-rights/
there is a section on - "Will travel insurance cover you if countries start blocking UK citizens from entry?"
hopefully they have one of the policies that will cover

update: as FCO now show "The FCO advise against all but essential travel to the whole country." the position may be easier with insurance

Undervalued

arlowood said:

Bought my daughter and son-in-law a BA flight + hotel package to New York as a 50th birthday present. They were due to fly out on 14th April but that seems impossible now with the recent implementation of a ban on UK citizens flying to New York. It is also likely that New York will go into some form if lock down meaning that the hotels may have to shut operations.
I just checked the BA website and currently they are only offering affected passengers the option to cancel and receive a voucher which must be redeemed within 12 months. That's not really a practical solution.
Under the T&C's of the package, I am entitled to a full refund if they make any significant changes to the package or are not able to provide it for other reasons. I'm guessing that in order for them to avoid paying a refund they would have to argue that the flight was going ahead as planned and that the hotel was open and accepting guest during the time of the package.
I would clearly prefer a refund but I'm unsure how to interpret this COVID-19 situation in terms of where the cancellation liability lies.
Any words of wisdom out there?

But that hasn't happened (yet). 

It seems to me that BA are doing more than is presently legally required in offering the voucher if you choose to cancel. Currently there is a (remote?) possibility that the trip may be able to go ahead as planned.

If it reaches a point where they are unable to provide the contracted service then you will be entitled to a refund.

Keep_pedalling

They are not offering this to effected customers, anyone flying before 31st May can cancel and receive a voucher. If they cancel the trip then you should get a full refund, which in this case is almost certain to happen, unless the virus unexpectedly burns itself out in double quick time.

arlowood

Caz3121 said:

have a read of the main MSE article https://www.moneysavingexpert.com/news/2020/02/coronavirus-travel-help-and-your-rights/
there is a section on - "Will travel insurance cover you if countries start blocking UK citizens from entry?"
hopefully they have one of the policies that will cover

update: as FCO now show "The FCO advise against all but essential travel to the whole country." the position may be easier with insurance

Might be a tricky one. It's my daughter and son-in-law who are travelling so in theory they should claim against their insurance (if it will accept claims in this situation). However they did not pay for the trip and might struggle to convince the insurer to pay out to them.
I have annual travel insurance but I'm not travelling so would probably not be entitled to claim for the loss on my insurance.

Ganga

Just to let people know, , we were due to go to NY on Wednesday the 18th ,the government of the USA then banned visitors from the UK on the 14 ,Saturday afternoon ,within 15 mins BA sent me an e-mail saying that my holiday was to be cancelled and a FULL REBATE would be with me in 72 hours,whilst upsetting that we could not go I think a first class service from BA.

arlowood

Ganga said:

Just to let people know, , we were due to go to NY on Wednesday the 18th ,the government of the USA then banned visitors from the UK on the 14 ,Saturday afternoon ,within 15 mins BA sent me an e-mail saying that my holiday was to be cancelled and a FULL REBATE would be with me in 72 hours,whilst upsetting that we could not go I think a first class service from BA.

Thanks for that. Reassuring to know that BA cancelled and you received a full refund.
I expect that they are prioritising bookings that are within a few days of their departure date.
I will wait until nearer the time and see what happens

Mrsn

We are due to fly to san francisco on the 10th April and haven’t been given the option of a refund yet.... I’m holding out as I feel certain that will happen shortly. 

arlowood

Had an email from BA this morning which said as follows:-

"We understand that you may have questions about your upcoming travel at the moment, and we wanted to reassure you that we’re working around the clock to help our customers get to where they need to be. 
We’re working closely with the Foreign & Commonwealth Office (FCO) to continue flying, where travel restrictions allow and where it is safe to do so.
Your flight to New York on 14 April 2020 is currently due to depart as planned, however due to the fast changing situation, we wanted to let you know that if you’d like to change the date or destination of your trip - you can apply for a voucher online. This can be redeemed against future travel, for flights taken within 12 months of your original date of departure"


So I think they are applying nudge theory by implying that the flight is going ahead as normal so unless I apply for a voucher my daughter and son-in-law will be deemed a "no-show" if they don't turn up for it - even in the face of a US ban on UK citizens travelling.
I'm not sure how they could argue that the hotel part of the package is also viable as New York is now effectively in lock down with bars and restaurants and other places not open to customers.
Anyway I plan to hang fire until closer to the departure date to see what transpires 

TheShape

arlowood said:

Had an email from BA this morning which said as follows:-

"We understand that you may have questions about your upcoming travel at the moment, and we wanted to reassure you that we’re working around the clock to help our customers get to where they need to be. 
We’re working closely with the Foreign & Commonwealth Office (FCO) to continue flying, where travel restrictions allow and where it is safe to do so.
Your flight to New York on 14 April 2020 is currently due to depart as planned, however due to the fast changing situation, we wanted to let you know that if you’d like to change the date or destination of your trip - you can apply for a voucher online. This can be redeemed against future travel, for flights taken within 12 months of your original date of departure"


So I think they are applying nudge theory by implying that the flight is going ahead as normal so unless I apply for a voucher my daughter and son-in-law will be deemed a "no-show" if they don't turn up for it - even in the face of a US ban on UK citizens travelling.
I'm not sure how they could argue that the hotel part of the package is also viable as New York is now effectively in lock down with bars and restaurants and other places not open to customers.
Anyway I plan to hang fire until closer to the departure date to see what transpires 

https://www.gov.uk/foreign-travel-advice/usa

As per the above link the US government restriction has indicated  that the restriction to entry is a temporary measure from 13th March for 30 days.  It was extended to UK nationals on 17th March but the end of the 30 day period might remain as 12th April.  Therefore, from BAs point of view a flight scheduled for 14th April is outside the period of restriction.  I expect they'll wait for further updates from the US government.