When is a holiday not a holiday ?

crafty_Blue

We have a UK to Spain return ferry booked for mid June, carried over from last June. All the signs are that on board there will be Covid restrictions [confirmed on website], notwithstanding that there's no guarantee we'll be able to book into anywhere for the 3 weeks we were planning in Spain & Portugal. If anybody has done the trip you'll understand it's more of a mini-cruise - a great way to start & finish a holiday, but we just don't consider wearing facemasks, eating off limited menus, etc. much fun, and for the money outlayed certainly not worth it. Logic tells me that Brittany Ferries won't be providing the experience we've paid for, but no doubt they'll argue that they're doing everything within their control to make it as pleasant as possible. According to their T's & C's we'll lose 50% if we cancel.  I suppose the question is simple. If we're not getting the 'experience' we paid for - and presumably that also applies to hotels etc - should we be entitled to a no-obligation refund ? 

Thrugelmir

You booked a ferry to transport you. What experience were you were expecting?  Brittany Ferries are under no obligation to make it fun just for you. Health and safety comes first. 

Alan_Bowen

If the ferry sails and there is no ban on travel, any decision to cancel will be entirely at your own expense. Sorry

[Deleted User]

You are governed by the t’s and c’s unfortunately and not what you want it to be.  If they provide the journey and food (you won’t be expected to wear masks while eating) then they are doing what you booked for.  Up to you to make the most of it. 

As for the hotel situation,  it is not the Ferry’s problem (from their perspective) so unless it was booked as a package the two are separate components. 

Sorry not what you want to hear I am sure. 

crafty_Blue

Alan_Bowen said:

If the ferry sails and there is no ban on travel, any decision to cancel will be entirely at your own expense. Sorry

Pretty much what I thought.

crafty_Blue

Tedber said:

You are governed by the t’s and c’s unfortunately and not what you want it to be.  If they provide the journey and food (you won’t be expected to wear masks while eating) then they are doing what you booked for.  Up to you to make the most of it. 

As for the hotel situation,  it is not the Ferry’s problem (from their perspective) so unless it was booked as a package the two are separate components. 

Sorry not what you want to hear I am sure. 

It's what I expected. There may be an option to get a credit note and postpone again til 2022

crafty_Blue

Thrugelmir said:

You booked a ferry to transport you. What experience were you were expecting?  Brittany Ferries are under no obligation to make it fun just for you. Health and safety comes first. 

There's always one.

CKhalvashi

crafty_Blue said:

Thrugelmir said:

You booked a ferry to transport you. What experience were you were expecting?  Brittany Ferries are under no obligation to make it fun just for you. Health and safety comes first. 

There's always one.

This is a correct interpretation of the legal system though, in that transportation from A to B is still available to OP..

Thrugelmir

crafty_Blue said:

Thrugelmir said:

You booked a ferry to transport you. What experience were you were expecting?  Brittany Ferries are under no obligation to make it fun just for you. Health and safety comes first. 

There's always one.

Some of us need to have common sense and think not only of ourselves. 

eskbanker

crafty_Blue said:

When is a holiday not a holiday ?

[...]

I suppose the question is simple. If we're not getting the 'experience' we paid for - and presumably that also applies to hotels etc - should we be entitled to a no-obligation refund ? 

Tying your two questions together, if you have a package holiday then your arrangements have protection under the auspices of the Package Travel Regulations 2018, meaning that if there's a significant change (e.g. hotel changed to one of a lower star rating) then you'd be entitled to a refund.

However, standalone bookings with transportation providers such as ferry operators or airlines only have narrower protections, those for ferries and cruises being summarised at https://www.gov.uk/government/publications/draft-guidance-notes-relating-to-regulation-eu-no-1177-2010/passengers-rights-key-facts-guidance-note-7

Essentially these grant rights to financial compensation in the event of delays or cancellations but contain no provisions for qualitative measures, so you're stuck with the operator's Ts & Cs, but realistically you're not going to get anywhere trying to make a case that minor enforced adjustments to your 'experience' warrant a refund - if you plan on holidaying anywhere in early summer this year then you'll need to get used to the idea of wearing facemasks!

It's likely to be the same situation for hotels, i.e. there won't be any specific legal rights protecting the quality of your stay, unless you can make a case that the UK Consumer Rights Act applies to your bookings and that it has any provisions broad enough to rely on....

Nebulous2

crafty_Blue said:

We have a UK to Spain return ferry booked for mid June, carried over from last June. All the signs are that on board there will be Covid restrictions [confirmed on website], notwithstanding that there's no guarantee we'll be able to book into anywhere for the 3 weeks we were planning in Spain & Portugal. If anybody has done the trip you'll understand it's more of a mini-cruise - a great way to start & finish a holiday, but we just don't consider wearing facemasks, eating off limited menus, etc. much fun, and for the money outlayed certainly not worth it. Logic tells me that Brittany Ferries won't be providing the experience we've paid for, but no doubt they'll argue that they're doing everything within their control to make it as pleasant as possible. According to their T's & C's we'll lose 50% if we cancel.  I suppose the question is simple. If we're not getting the 'experience' we paid for - and presumably that also applies to hotels etc - should we be entitled to a no-obligation refund ? 

I've done the Portsmouth to Bilbao ferry and certainly didn't regard it as a mini-cruise, not that I've ever been on a cruise. It's a means to an end, a way to get to Spain with our caravan without driving all the way down through France. The only standout facility I remember was a Spanish lesson from a member of the crew who was a former teacher. He was very good. 

It was expensive, the dog-friendly cabins are snapped up a year ahead, as soon as they go on sale, but my abiding memory of the journey was British people who split their time between Spain and the UK moaning about the trip and how they were getting too old to keep doing it. 

If it was postponed from last year, your chance of getting a refund are extremely low. Many people for holidays are getting vouchers and then discovering prices have risen and they have to pay more. If you can get it transferred to next year at no cost that would be a good result. 

I certainly wouldn't consider going to Spain until the Covid situation becomes much clearer, but I'd base my argument on the travel guidance and whether or not you are allowed, rather than health measures onboard.