Briefing: Your legal rights and what you can expect when your travel or holiday booking is cancelled

UKParliament

The House of Commons Library have written a briefing which gives an overview of what consumers can expect when their travel or holiday booking has been cancelled, and their legal rights.

Coronavirus: holiday bookings

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Nick_C

May not be obvious to everyone, but the title is actually a hyperlink the report in question!

https://commonslibrary.parliament.uk/research-briefings/cbp-8896/

Streaky_Bacon

I have yet to see anything which specifically address a passenger's legal right when a flight is not cancelled, but they are no longer legally allowed to fly to the destination. In that case the flight isn't cancelled but also, the passenger is not choosing to not fly.

This is the exact situation that I am in, and I am sure many others are. The flight that I was booked on to the US went ahead, but after the US starting denying entry to non-US nationals. However, I was never explicitly told by the airline that my booking was cancelled, nor did I explicitly cancel it, I just requested a refund and didn't turn up for the flight.

I would consider that "my flight" was implicitly cancelled, even though "the flight" continued. Certainly, I presume that if I had turned up at check-in I would have been denied boarding.

I suspect that the legal doctrine of frustration would apply (as the airline is legally prevented from complying with the contract) with the consumer being entitled to a refund, but it would be helpful to many if the legal position could be clarified.

Nick_C

Most airlines will include a term in their conditions of carriage that you will not be allowed to board the plane if you do not have permission to enter the country that you are flying to.

If the airline operated the flight then you were lucky if they have given you a refund.  Your alternative might have been an insurance claim.

Eamsey

I am due to fly to the US on June 8th booked December paid £1400 business class (have medical cond so need to be able to change position on a 10 hour flight) Although Delta are offering a change of flight with no charge or increase up to September 2020 and an e-credit for 2 years and pay  difference ... but if flights are 3 x the price and therefore can’t afford it (can’t see making it now before September)  where do you stand to make a claim for refund/ claim on insurance/ claim c75 credit card??? Anyone have any ideas please? 

Streaky_Bacon

Nick_C said:

Most airlines will include a term in their conditions of carriage that you will not be allowed to board the plane if you do not have permission to enter the country that you are flying to.
If the airline operated the flight then you were lucky if they have given you a refund.  Your alternative might have been an insurance claim.

Thanks. That's an interesting take on it. I have read the conditions of carriage and they do indeed contain a clause that allows them to refuse boarding if they expected entry to be denied, and also to deny a refund is they refuse boarding on that basis.

I am, however, wary of taking any contract term on face value, without considering the wider law.

I suspect that the legal situation may be more complicated than that, even though it does initially appear to fall within those clauses. It would, for example, be interesting to see whether frustration, or supervening illegality, would apply to the contract and the issue of unjust enrichment.

With the introduction of the travel restriction, the whole purpose of the contract is voided, through no fault of either party, and in a manner unforeseeable by either party . That would seem to be classic frustration of contract.

Certainly they are offering refunds. Either that is a pure gesture of goodwill, or they believe that they are liable to do so.

Streaky_Bacon

Eamsey said:

I am due to fly to the US on June 8th booked December paid £1400 business class (have medical cond so need to be able to change position on a 10 hour flight) Although Delta are offering a change of flight with no charge or increase up to September 2020 and an e-credit for 2 years and pay  difference ... but if flights are 3 x the price and therefore can’t afford it (can’t see making it now before September)  where do you stand to make a claim for refund/ claim on insurance/ claim c75 credit card??? Anyone have any ideas please? 

I recently posted regarding my success with a chargeback request (albeit that the airline could still dispute the chargeback).

https://forums.moneysavingexpert.com/discussion/6138319/virgin-atlantic-refund-status-chargeback-processed-by-bank

I would suggest tackling it on the same three fronts, submit a refund request to the airline, start the chargeback process and also begin a s75 claim. Better to get all three processes started, at the earliest opportunity.

EDIT: I do also have travel insurance, but they expect you to attempt a refund from the airline and also the credit card company before they will pay out.