A consumer champion has shared her advice to the hundreds of thousands of Brits caught up in travel chaos in the Gulf.
As the UK mounts an operation to assist at least 200,000 British nationals in the Gulf following the conflict in the Middle East, concerns are growing about the knock-on impact for travellers.
Jane Hawkes, founder of the consumer rights website www.ladyjaney.co.uk, has now written a guide explaining your consumer rights and what options you have if your travel to Dubai is affected.
“With travel plans to Dubai and the wider UAE thrown into uncertainty following military escalation, disruptions to airspace, flight cancellations and HM Government travel advice has left many travellers unsure of their rights,” says Jane.
“Having your holiday interrupted by military action can be a truly frightening experience so it’s important to know your rights and what assistance is available if you do find yourself in that situation, as many holiday makers are finding out right now.
“The UK has embassies abroad who are experts in these situations but knowing your consumer rights can provide the reassurance that you won’t be abandoned abroad or face huge costs to get home – provided you did not book after advice not to travel was issued.”
How does travel advice affect your rights?
“Travel firms and insurers rely heavily on advice issued by the UK Foreign, Commonwealth & Development Office (FCDO).
“You can find this on the Gov.uk website and it is important to check this before you book any foreign travel,” says Jane.
“If the FCDO advises against travel, this can trigger important consumer protections. This matters because a change in advice can qualify as ‘unavoidable and extraordinary circumstances.’
“It’s important to know that many travel insurance policies will cover cancellation if the Foreign Office changes its advice to “against travel” after you booked, but only if the policy was purchased before the situation became known and provided war exclusions don’t apply.”
What are my rights if your flight is cancelled?
“If your airline cancels your flight due to airspace closures or security risks, you are legally entitled to a refund or re-route on to an alternative service at the earliest opportunity, on another carrier if necessary.
“Airlines are not required to pay additional compensation when cancellations are caused by extraordinary circumstances but refund and re-routing rights still apply.
“In addition, the following should be provided: meals and refreshments, hotel accommodation if applicable, transport to and from hotel and access to calls/emails. These rights apply regardless of the reason for the disruption.
“If the airline cannot offer re-routing within a reasonable time, you can book alternative travel yourself and claim the cost back (provided it is reasonable).
“Always keep receipts, advise airline of your actions and be aware that a claim could take a great deal of time to process and you may need to escalate it for Alternative Dispute Resolution if it is initially rejected.”
What ‘reasonable’ expenses can I claim back?
“It is very frustrating that ‘reasonable’ costs tend not to be specifically defined by airlines but generally, these costs mean a mid-range hotel rather than luxury accommodation, typically close to the airport and at a standard local room rate, with one room per booking rather than upgrades.
“If disruption is widespread and prices surge, higher rates can still be reasonable but keep clear evidence. You can use comparison websites and take a screen shot to provide this evidence.
“For meals, sensible spending appropriate to the time of day is covered and airlines recognise that airport prices are higher. Fine dining and alcohol are not accepted as reasonable costs.
“Transport between the airport and hotel should be reimbursed, with public transport preferred where practical, though taxis are reasonable late at night or where no alternative exists. Necessary communication costs, such as phone calls or internet access to rearrange travel, should also be covered.”
Jane advises against trying to justify luxury hotels or excessive spending, warning that airlines commonly reject claims for luxury hotels where more reasonably priced options were available.
“Excessive meal spending beyond what’s proportionate for the delay and extras such as mini-bar charges, spa treatments or room upgrades are going to be turned down.
“They will also refuse to reimburse costs that aren’t directly linked to the disruption itself, so it’s important that any expenses you claim are necessary, sensible and clearly connected to being delayed or stranded.”
What can I do if my airline rejects my claim?
“If you are unhappy with the airline’s response or if they have not fulfilled their obligations, consider Alternative Dispute Resolution to resolve the matter. In the UK, two approved ADR schemes cover aviation: AviationADR and CEDR. You can find out which one is applicable in your case on the CAA website.
Can I cancel because I do not feel safe?
“If you decide to cancel before your airline or travel provider does, your rights are more limited,” says Jane.
“You are unlikely to receive a statutory refund unless FCDO advice has formally changed. Travel insurance may cover cancellation if the advice changed after you booked but policies often exclude claims where conflict was already foreseeable.
“In a nutshell, disinclination to travel is not a valid reason for a refund. The carrier needs to cancel the service for a refund to be issued.”
Are my rights different with package holidays?
“If you’ve booked a package holiday, you have stronger legal protection if disruption occurs,” she advises.
“Where unavoidable and extraordinary circumstances, such as war, civil unrest or airspace closure significantly affect your trip, you’re entitled to cancel for a full refund, usually within 14 days and you don’t have to accept vouchers.
“If the operator cancels, you’re also due a refund, although compensation may not apply in extraordinary circumstances.
“If disruption happens while you’re abroad, the organiser must assist you and arrange your return, including accommodation if you’re stranded.”
What happens if I am abroad when the travel advice changes?
“If you are already on a package holiday abroad, your organiser must assist with return arrangements.
“If you booked flights and accommodation separately, each element is governed by its own terms. Refunds will depend on the provider’s cancellation policy, unless the airline or operator cancels in which case the previous rules apply.”
Will my travel insurance cover me for travel disruption?
“Many travellers assume insurance covers everything but policies vary widely. Ensure when sorting travel insurance that you take out the most comprehensive cover possible as soon as you book your holiday. It is not just a simple box ticking exercise.
“General exclusions on polices include adverse weather, force majeures, missed departures and war/civil unrest. Always check small print carefully to see what you are and are not covered for. Some travel insurance policies may cover cancellation if the Foreign Office changes its advice to ‘against travel’ after you booked but only if the policy was purchased before the situation became known and provided war exclusions don’t apply.”
