Application of packaged travel regulations

djp29

I am currently booked to go on a package holiday to the UAE leaving on 8 April.

The Foreign, Commonwealth & Development Office (FCDO) is currently advising against all but essential travel to the UAE due to the ongoing regional security situation. This advice indicates that there are unavoidable and extraordinary circumstances at the destination which significantly affect both the safety of travellers and the ability to operate the holiday as contracted.

Under Regulation 12(7) of The Package Travel and Linked Travel Arrangements Regulations 2018, travellers are entitled to cancel their package holiday without paying cancellation charges when such unavoidable and extraordinary circumstances occur at the place of destination or its immediate vicinity.

As these circumstances clearly apply to my booking, I have tried exercising my right under Regulation 12(7) to cancel the trip and receive a full refund, however the travel operator are refusing to do so, citing the fact that flights are still being operated (by Emirates) at that time.

I believe they are missing the point and incorrectly applying policy by making a decision in relation to whether flights will run. This is completely irrelevant if the FCDO advice is that people should not travel to the region.

I do recognise that (whilst the regulations are silent on the matter), holiday companies need to draw a line somewhere to protect their own business (ie maintain that holidays will go ahead later in the year) but my view is that travel within a month should follow the regulations.

Am I missing something here as no-one else seems to be referencing this guidance and instead whether the holiday company is choosing to cancel?

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/6660048/application-of-packaged-travel-regulations

Three weeks until you are due to travel. FCDO advice may change in that time. You even acknowledge that holidays later in the year might still go ahead. It seems as though the tour operator still considers 8 April as "later in the year". You probably need to wait until the tour operator confirms their decision nearer the time.

elsien

Who is the tour operator? If it’s one of the third-party ones they can be notoriously difficult.

Woodstok2000

At the moment, no one knows what the situation will be on 08 April. You need to wait until closer to the time if you want to cancel without charges.

user1977

my view is that travel within a month should follow the regulations.

How have you arrived at that timescale? You can't just pick your own arbitrary period and say it's got to apply.

MyRealNameToo

Dubai is your destination or are you just transiting through Dubai?

djp29

https://forums.moneysavingexpert.com/discussion/comment/81926074#Comment_81926074

Thanks. Where does this three weeks come from?

djp29

Agreed but there has to be a timescale doesn’t there? They can’t just tell customers they have to wait until the day before travelling just in case the FCDO advice changes. There seems to be a suggestion it’s three weeks in another response.

djp29

Dubai is final destination.

djp29

Says who? The point behind my post is that the FCDO guidance is not time limited therefore by definition at the moment it is relevant for 8 April. What does ‘wait until nearer the time’ mean? There has to be a timescale here to put consumers first, which is the objective of the packaged holiday and travel regulations.

djp29

On the beach