Holiday Deposit Refund & Travel Arrangement Regs 2018

paye

Hi, 
The balance for my Holiday is due on the 15th of May for August travel to the states. Given the current situation I'd prefer not to go anywhere.
My holiday was booked through Virgin Holidays as a package deal in February, well before I knew anything about covid-19. If I currently cancel I will forfeit my deposit of £700 unless I move the booking to next year subject to paying any price increases (same holiday next year is £2k extra). Having read through the booking conditions on VH website it clearly states I will loose the deposit if I cancel. Although this is VH own booking condition, they must also follow the ''Package Travel and Linked Travel Arrangements Regulations 2018''. 

Their was an interesting clause I picked up under the termination clause and was wondering if this clause could help me and possibly others in anyway to get our deposit back. I'm not travel lawyer so  would be interested to know what others think. 

Termination of the package travel contract by the traveller

https://www.legislation.gov.uk/ukdsi/2018/9780111168479/regulation/12

(7) Notwithstanding paragraphs (2) to (6), in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and which significantly affect—

(a)the performance of the package, or

(b)the carriage of passengers to the destination,

the traveller may terminate the package travel contract before the start of the package without paying any termination fee.

(8) Where the package travel contract is terminated under paragraph (7), the traveller is entitled to a full refund of any payments made for the package but is not entitled to additional compensation.

My point is the performance of my package holiday will significantly be impacted, especially if their is social distancing measures in place and if you have to wear a mask at all times.  In addition before I booked my holiday there was no FCO advise  in place so I booked on the basis that it was safe to travel before the travel ban came in. 
What do you think? 

pphillips

Under subsection (7) one of two things need to be significantly affected, either the performance of the holiday or the transportation of passengers. Do VH accept that either of these things will be significantly affected? 

paddyandstumpy

I have a similar clause in our holiday (delayed honeymoon!), booked through Canadian Affairs. We're scheduled to fly 01/06/20...

I'm keeping that clause in my back pocket for now, waiting for them to cancel first, they have said we'll lose our money if we don't go, and they want another 10% to move the dates. 

In my mind this clause suggests you can cancel and not lose the money, but hoping someone with experience will confirm/deny either way. 

ess0two

August, who knows what'll be happening to early to call at the mo.