When can I cancel under Package Travel Regulations (2018) and claim penalty free refund.

lulu999

I currently have a ski package holiday booked for mid January to France.

Under the PTR (2018), the traveller can cancel in the event of unavoidable and extraordinary circumstances occuring at the place or destination and which significantly affect the carriage of passenegers to that destination. The traveller may terminate the package travel contract before the start of the package without paying any termination fee.

Could I cancel now? If not at what point could I cancel?

There is the possibility that the French rules could change before the start of the package but I don't want to wait until the last moment just in case they may change the rules to allow travel.

onashoestring

Have you paid in full ? 

You may be entitled to cancel but that doesn’t mean you are entitled to a refund. That would depend on the T&Cs of the package you have booked.
If you haven’t paid in full and you cancel because you are “disinclined to travel”  you may still owe the tour operator the balance - again this would depends on the T&Cs of the contract you agreed.

eskbanker

As far as I can see, the PTRs are silent on such timescales, but, as you say, the rules could change before the departure date, so IMHO if you want to rely on that provision then you should wait until much closer to the time (days rather than weeks) to know for sure whether the unavoidable and extraordinary circumstances will prevail at the time, unless the organiser cancels it before then.

lulu999

onashoestring said:

Have you paid in full ? 

You may be entitled to cancel but that doesn’t mean you are entitled to a refund. That would depend on the T&Cs of the package you have booked.
If you haven’t paid in full and you cancel because you are “disinclined to travel”  you may still owe the tour operator the balance - again this would depends on the T&Cs of the contract you agreed.

Under PTR (2018) I would be entitled to cancel for a full refund.

T&Cs cannot overwrite statute.

It's not "disinclined to travel", the contract is currently frustrated by the French entry requirements.

My question was at what point could I cancel.

Caz3121

At this point you do not know if the French entry requirements will apply on your date of travel so you do not know if the contract will be frustrated. Until such times that they confirm that they will remain in place till x date it would be treated as you cancelling. Like you say, it could be lifted prior to your travel date leaving you able to travel and no frustrated contract.
I would possibly revisit the situation a week before travel.

Alan_Bowen

The law is based on a number of decided cases revolving around the SARS outbreak in Hong Kong. The leading case is Lambert vs Travelsphere Holidays Ltd, the judge said the operator could wait until there is 'not a flicker of hope' that the holiday can go ahead. Up to that point, and most operators are deciding 7-14 days before departure, if you decide to cancel, it will be at the usual cancellation charges as shown in their booking conditions. Therefore do not cancel yet!

lulu999

Further searching revealed a statemant by the Competiton & Markets Authority in a Statement on coronavirus, consumer contracts, cancellation and refunds (Aug 2020)

In it they say...

"Where lockdown laws make it reasonably likely that the contract will not be able to be performed at the time agreed, it is likely that the contract will be ’frustrated’ under the law at the point this becomes clear. As a result the contract will come to an end and consumers should be entitled to receive a refund."

My personal view at the moment is, it is 'reasonably likely', the French entry rules will still be there mid-January.

My whole reason for pushing for this now is to enable me to try and book something in another country. The longer it is left, the fewer the choices.

Alan_Bowen

Courts very rarely find that a contract has been frustrated, indeed only a couple of months ago, an online operator defeated a claim for a refund in the county court when the customer cancelled before they did. If you want to book an alternative holiday with the same operator they may well agree but if you are looking for a refund, be aware you may have a fight on your hands!

bagand96

The CMA have spouted a lot of opinion about frustrated contracts during the pandemic. Unfortunately not much of it has proved useful to consumers. 

Butts

Which Tour Operator / Airline have you booked with ?

I take it it's not BA or you would only around now be due to pay the balance after putting down a minimal deposit ?

You could then have cancelled free of penalty and used the FTV towards an alternative break.

If it's not someone with similar flexibility your best hope is that one element of the package is cancelled enabling you to kybosh the lot or the provider aborts unilaterally.

sheramber

If the contract is frustrated then it will be cancelled by the operator anyway.

Probably don't expect a quick refund.

Good luck with finding another holiday  with all the further restrictions being brought in abroad , as well as at home.