Express Test Dispute

cfhussain

I apologise if, while this is related to the circumstance of COVID, this post might be better located in a section focused specifically on a dispute with a provider for any good/service.  If that is the view of moderators, I'm happy for the post to be moved.

Background: In trying to return to my place of work in China, and in the absence of direct flights to China from the UK, I have had no choice but to undertake a journey through Finland.  As you can imagine, this is not easy and requires a lot of planning and the costs are fairly high.  The plan requires: i) COVID test in UK within 48 hours of 1st flight, ii) when results are obtained, application for (and successful receipt of) the HDC QR code, iii) flight to transit airport, iv) COVID test at airport, v) when results are obtained, a 2nd application for.... HDC QR code, vi) board 2nd flight to China

The costs are ~4000 for flights, testing, transport to airport.  

My plan failed at the first hurdle, after the provider of the express COVID testing for China, failed to send me the result before midnight.  This is something they guarantee on the website and guaranteed to me in writing before the test.  Consequently, I could not apply for the HDC, and I wouldn't risk going to the airport in the hope the results were suddenly sent, and had to cancel the entire trip.  I managed to salvage the situation, or rather Finnair and their amazing CS did, by shifting the two flights and transit testing to next week.  However, I incurred some costs that cannot be retrieved.  The reason why the result did not come through? Human error (their words), and allegedly it all came down to a failure of one person to click send.  The results were finally sent the next morning, but too late for me, and well passed the guarantee.  

Having spoken to the provider today, it is clear they accept fault and will give either a full refund or provide the next test I need with goodwill (something, but doesn't cover costs I incurred in this failed attempt to travel).  I have no legal background, and spent the day on hold to CAB and finally speaking to, but not getting far, with CA consumer line.  

I wondered if anyone here might either recommend a good helpline for a case like this, or even comment on it (whether it is even worth pursuing, etc.).  In terms of the direct costs, I estimate around £300-£400.  In terms of stress, anxiety, and the emotional impact of staring at a screen for hours waiting for my result to come through, that's another matter.

In conversation with their more senior representative, he argued that if you book a flight and a hotel at destination, and the flight gets cancelled, the airline is not responsible for covering hotel costs.  Whether that is true or not I don't know, but I'm not sure the comparison really works as the test happened and the results were ready to be sent.  Furthermore, the website (Midland Health) doesn't appear to cover cases where results are delayed, and simply guarantees for £399 an express and by midnight test.  Just in case anyone reads something on the website that a relative found, along the lines of "if testing after midday, not guaranteed but likely to be before midnight same day", I have, in writing, guarantees from the clinic manager it would be.  

Thanks for any advice/support.

eskbanker

It'll come down to whether the provider is required to accept liability for indirect or consequential losses, so check out the Ts & Cs under which you proceeded and read up on the subject at sites like https://hjsolicitors.co.uk/article/indirect-and-consequential-loss/

In terms of where to seek free assistance, maybe try the Legal Beagles forum?

CKhalvashi

In terms of consequential losses, It may be possible to argue that in the event of a missed flight where you've shown the ticket prior to payment (I believe that Collinson work in this way, probably others too), that would create a 'time is of the essence' contract where the company is obliged to deliver on the services before a specific date/time. As far as I'm aware, this stance has not yet been tested in court in these specific circumstances, however the cost of doing so would be minimal.

Unfortunately in most cases, many companies are providing target times with no guarantees and are explicitly excluding losses for results not being returned in time. This is in contrast with practice in much of Europe (both EU and non-EU), however I'm not sure how heavily the courts would take international practice into account.

Edit to add: I'm not a lawyer, but do have financial interests in travel, but not in testing.

cfhussain

Thank you for both responses.  I will raise the point about consequential losses to CA today, and I posted on legal beagles as well.  My thought process was similar, and like yourself I'm not a lawyer either.  My view was that by offering such a service, knowing that China's authorities set very clear demands for specific tests to be conducted within 48-hours of the flight, any provider would understand the costs of not providing the results on time, even if they didn't know the specific circumstances of each individual.  Furthermore, because there was a bank holiday this week, I had a protracted conversation with the clinic manager about how I needed the guarantee the result would be in, if the test happened later on Tuesday.  That part is all in writing.  Had I known the result could not be guaranteed to be in on time, I could have accepted this week wasn't going to work, and moved my plan to next week anyway.  

Any other advice appreciated, but will use what I have so far.  Thanks!