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Package holiday cancellation

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  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    eskbanker said:
    If the holiday fulfilled the criteria for being a package (e.g. both flights and accommodation booked together), then as far as I can see, regardless of buying via Wowcher, the travel company organising the package is responsible to refund under regulation 12 of the Package Travel Regulations if a blanket ban on tourism was imposed:

    (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.

    I'd argue this is the case too under the legislation. A package was bought under the PTD and therefore it should be covered as any other purchase.

    Sandtree said:
    eskbanker said:
    If the holiday fulfilled the criteria for being a package (e.g. both flights and accommodation booked together), then as far as I can see, regardless of buying via Wowcher, the travel company organising the package is responsible to refund under regulation 12 of the Package Travel Regulations if a blanket ban on tourism was imposed:

    (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.

    But what do they have to refund? The voucher almost certainly has no nominal value
    From my understanding of the legislation as Eskbanker has mentioned above, any amount paid for the voucher.

    The terms and conditions cannot override legislation in a consumer contract, which this is.
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