Which? warns UK’s biggest travel companies are openly breaking the law

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The UK’s 20 biggest travel operators and airlines are openly breaking the law by delaying refunds for cancelled trips or removing customers’ refund rights altogether, according to Which?

 

The consumer champion has found that not one of the biggest operators and none of the biggest airlines is fully refunding clients within the legally stated timeframe, and many are trying to bounce holidaymakers into rebooking or fobbing them off with credit notes or vouchers – which, it says, may prove to be worthless if holiday firms go bust.

 

 

Below are the updated refund policies of the major holiday companies and airlines, as reported to Which?

 

Which? claims up to £7 billion is owed to UK holidaymakers by tour operators and airlines, but it acknowledges that the industry is ‘facing unprecedented strain’ as a result of the coronavirus, with many firms unable to pay refunds within the legal timeframe without risking going out of business.

 

Instead, it wants the Government to change the law to allow companies up to a month to refund customers – which is twice the time currently allowed in the Package Travel Regulations. It is also asking the Government to underwrite the refunds in case companies go bust while still holding on to their clients’ cash.

 

Other measures called for by Which? include forcing airlines to issue refunds and increasing the time allowed for holidaymakers to lodge insurance claims. It also wants travel insurance and tour operators to work together to make it clearer to consumers who is responsible for refunding their trip. At the moment, some tour operators and travel agents are telling clients to claim a refund from their insurance company only for the insurer to tell clients that it’s the tour operator’s responsibility to issue a refund.

 

 

Loveholidays is one of the company’s cited by Which? as only offering clients vouchers for cancelled holidays and saying would not be processing refunds any time soon. TUI, the world’s largest holiday company, was also criticised for not proactively offering refunds after cancelling holidays on mass, but amended its policy after Which? highlighted its approach.

 

Are any companies issuing cash refunds?

 

Only a few companies are issuing immediate refunds, including Trailfinders, Kuoni, Responsible Travel, Explore Worldwide, Llama Travel, Mountain Kingdoms, Friendship Travel and Vivid Travel.

 

On the Beach is also issuing cash refunds, although these are taking longer than 14 days and it will only refund airfares when it receives this from the carrier.

 

What about the airlines?

 

Which? also contacted 10 of the UK’s biggest airlines and found none is refunding passengers within seven days, which is the legal requirement for EU airlines or airlines flying from an EU country (but not for non-EU airlines flying to the UK).

 

Despite Ryanair initially being praised for its decision to refund customers, the airline is now issuing vouchers valid for 12 months instead. It is telling passengers who want cash that refunds won’t be processed “until after the current crisis has passed”.

 

Meanwhile, British Airways passengers have complained to Which? about being unable to complete a refund form online, and instead being directed to a phone line where they are left in a long queue.

 

The following is a list of the major tour operators’ and airlines’ updated refund policies, as researched by Which?

 

 

Tour operators Response
TUI UK “We are proactively contacting all affected customers as fast as we can to help them amend their holiday to a future season. If they are unable to amend to a suitable alternative, we will discuss their various options with them. One option currently available for customers is to cancel the holiday and receive a full refund, however there is a delay in this process due to the large volumes of customers impacted.”
Jet2holidays “We are continuing to operate a fully staffed call centre, and even though our teams are subject to the same difficulties and restrictions as everyone else, they are working tirelessly to proactively contact customers in departure date order to discuss their options, one of which is rebooking their holiday to a later date. We believe that contacting customers in departure date order is the fairest way to deal with this. The number of calls we are receiving is unprecedented. We ask customers to bear in mind that contacting us will result in longer call waiting times, which is why we politely remind them to wait for us to be in touch.”
On the Beach Travel “On the Beach is making every effort to provide refunds to customers in line with our obligations under the Package Travel Directive – in cash, in full and within 14 days. Airlines, like the rest of the travel industry, are experiencing huge operational and cash-flow challenges, and the result of this is that there are currently significant delays in receiving refunds from many airlines. In cases where the flight refund is delayed by their airline, we have explained to our customers that we will split the refund into 2 parts. The first part for all holiday monies paid (excluding the flights) is refunded by us immediately from our trust.  We have already refunded over 30,000 bookings in cash for hotels, transfers and other ancillaries, and (apart from a brief period at the start of the process) we have refunded these sums within 14 days. The flight cost is then refunded as soon as physically possible following the airline’s formal cancellation of the flight and receipt of the cash refund. At present, we can’t confirm to customers when this will be, as we don’t know how long it will take airlines to refund these sums, though we are urgently working to clarify this.”
We Love Holidays “We are issuing fully ATOL protected credit notes which customers can then exchange for cash refunds after a definite date if they do not wish to use them. At the moment, we have cancelled package holidays up to 7 May and are issuing refund credit notes to all these customers. As I am sure you are aware, these refund credit notes are fully ATOL protected, meaning there is no risk that customers will lose the money paid towards a cancelled holiday and indeed any new package holiday booked using it will continue to be protected by ATOL. The current date when customers can exchange their refund credit note for a full cash refund is on 31 July 2020, for package holiday refunds (or such later date that the Civil Aviation Authority, who administer the ATOL scheme, and ABTA may subsequently specify) and on the first anniversary of the date of issue of the refund credit note for hotel only bookings. Our policy remains under constant review.”
Expedia Group Did not respond – its website currently says: “With Coronavirus (COVID-19) continuing to impact travel around the world, our teams are handling an unprecedented number of requests, which means refunds are taking longer than normal. Thank you for your patience as we work to take care of our travelers as quickly as possible! If we charged you, your refund could take up to 30 days to process. (You’ll see our brand name listed on your credit card statement.) If the hotel, airline, or car agency processed the charge, they’ll determine the refund timeline. If you have questions, we’d recommend contacting them directly.”
British Airways Holidays “If a customer’s holiday/flight has been cancelled, they should call us to discuss their options. They can rebook, refund or choose to take a voucher to travel at a later date. Refunds can be requested at any point up to 12 months after the start date of the journey.”
easyJet Airline Company “We’re doing all we can to process refunds as quickly as possible, and we’re striving to do this within 14 days where we can.  On average, it’s taken us 13.4 days to process refunds to customers impacted by coronavirus. So, due to these exceptional circumstances, where it’s taking a bit longer than we’d like, we’d like to thank customers for their patience and understanding. Some customers are able to amend their holiday instead if they would prefer.”
BravoNext SA/Lastminute “As we are experiencing an emergency and force majeure situation, our teams are reviewing every package holiday and working around the clock to provide a resolution to our customers. When selling flights, lastminute.com is playing the role of sole intermediary and has to follow the cancellation policies of the airline.”
Travel Republic “We’ve been working hard for several weeks behind the scenes to finalise our refund process and expect to have further news for customers soon. In the meantime we’ve given all our package holiday customers the option of a full refund, or credit notes as recommended by ABTA’s latest guidelines for its members. These credit notes can be redeemed until the 31st December 2020, and offer a generous period for new departures until 31st December 2021 – which we believe offers our customers maximum flexibility to rebook their holiday if they so wish. Customers who accept a credit note and then change their mind in favour of a cash refund instead, can request this at any time and will be added to the refund process. Whether customers originally chose a refund, or took a credit note and then changed their mind, we’re being clear that we expect that refund process to take longer than usual due to very high demand. However, we’re working to refund customers as quickly as possible, and expect this to be well in advance of the credit note expiry date. Customers who do not redeem their credit note before its expiration date of 31st December 2020 will automatically be given a cash refund.

“We are being clear that, under the circumstances, we expect the refund process to take longer than usual. A process that would normally take weeks, will take longer due to very high demand. We fully understand the situation some of our customers are in and are doing everything in our power to be able to refund as quickly as possible.”

Virgin Holidays Automatically issuing credit notes, but refund is still available – “Refund requests made now for cancelled trips are taking longer than usual to be logged and processed and we’re very grateful for our customers’ continued patience as we deal with this unprecedented situation.”

 

Airline Response
British Airways “If a customer’s flight has been cancelled, they should call us to discuss their options. They can rebook, refund or choose to take a voucher to fly at a later date. Refunds can be requested at any point up to 12 months after the start date of the journey.”
easyJet “We do aim to process claims in 28 days, however because of the increased volumes due to the pandemic, it means that unfortunately this could take longer.”
Jet2 “We are continuing to operate a fully staffed call centre, and even though our teams are subject to the same difficulties and restrictions as everyone else, they are working tirelessly to proactively contact customers in departure date order to discuss their options, one of which is rebooking their holiday to a later date. We believe that contacting customers in departure date order is the fairest way to deal with this. The number of calls we are receiving is unprecedented. We ask customers to bear in mind that contacting us will result in longer call waiting times, which is why we politely remind them to wait for us to be in touch.”
TUI “We are proactively contacting all affected customers as fast as we can to help them amend their holiday to a future season. If they are unable to amend to a suitable alternative, we will discuss their various options with them. One option currently available for customers is to cancel the holiday and receive a full refund, however there is a delay in this process due to the large volumes of customers impacted.”
Virgin Atlantic “Refund requests made now for cancelled trips are taking longer than usual to be logged and processed and we’re very grateful for our customers’ continued patience as we deal with this unprecedented situation.

 

“To simplify the options for our Virgin Atlantic customers, and to provide immediate peace of mind, where a flight is cancelled, we’re automatically holding the booking open for 12 months, with a customer credit equal to the value of the trip. For customers whose holidays will no longer be going ahead, we’re automatically providing a voucher for the value of their trip. If the Virgin Atlantic credit or Virgin Holidays voucher is not used during the lifetime of their validity, customers will still be eligible to request a refund.”

 

A tweet from the airline indicates they are currently aiming to refund within 90 days.

Ryanair Did not respond to request for comment. Which? has seen customer complaints that the airline is now asking them to accept a voucher valid for 12 months, or to join a refund queue and wait for their money back until the coronavirus outbreak has passed..
Emirates “We sincerely hope that our customers will choose to rebook and fly with us again at a later time, and that is why we’re offering up to two years validity on their current tickets, or travel vouchers which can be redeemed for any Emirates product or service. Any fees for making a change to the tickets will be waived for tickets issued till 31 May 2020 for travel up to 31 August 2020. However, if they would still like to opt for a refund, we will process that. We would just like to seek our customers’ understanding that refunds will take time as we have a significant backlog to manage.”
Air France-KLM “Air France and KLM are offering three options to passengers who are booked on flights that are scheduled to depart before 31 May 2020: change their travel date free of charge; change the destination of their journey; or obtain a voucher for non-refundable tickets of the same value as their ticket. Vouchers in case of cancelled flights and that have not been used after a period of 12 months, will be fully refunded. Faced with the exceptional circumstances created by the coronavirus/COVID-19 crisis, Air France and KLM believe that the issuance of a refundable voucher constitutes a fair solution and a reasonable balance between the protection of their passengers and the operational realities that every airline has to face.”
Qantas “We are priority-processing all regulatory refunds within the required time frames so if that’s with the seven days then that is what we are aiming to do. However, as you’d appreciate we’ve basically stopped flying so there’s a lot of customers/refunds/rebookings to be processed. Customers are also able to have the value of their ticket stored as a flight voucher that they can use up to the end of next year.”
Etihad “For tickets purchased within Europe or the United States (for Etihad flights cancelled before 31 July 2020 due to COVID-19 border closures), Etihad will also offer greater booking flexibility, Etihad Credit, or a refund if requested.”

 

Are you struggling to get a cash refund for your flight or package – or are you impressed with the service offered by your tour operator or travel agent and want to give them a shout out? Let us know in the comment box.

 

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Blog Comments

We have spent hours on Ryanair website only to yet again he given a voucher. We would like to use a voucher but given that I’m self employed and had all my work stopped I can not say that we will be able to take a holiday in the next year. We really just want our money returned can you advise us how to get it?The links to a refund seem non existent on the information they send us.

Hi Lisa, you have a legal right to a refund within 7 days, so if the airline hasn’t paid and you can’t get hold them you can try to reclaim the money from your credit card (assuming the flight cost more than £100) or your debit card (depending on which one you used). This article explains how https://thetraveljournalist.co.uk/how-to-claim-a-credit-debit-card-refund-for-your-cancelled-holiday/
If you have no luck with either of these, you can raise a dispute with the CAA, but due to the volume of complaints, this is likely to take a very long time to get resolved, your card issuer is really your best bet.
Good luck.

I would like a direct reference to the law that is mentioned in your article. Where can I find the actual text?

Check out the Package Travel Regulations 2018 and and the EU261 denied boarding regulations

Actually took out a small claims court action against Love Holidays and they asked for 14 days more (as allowed by Law)
Then last minute rejected the claim stating Under ABTA rulings they issued a Credit Voucher. I emailed then when i received the voucher and received an email back stating i did not want the voucher and wished for full refund. So yet again a delay tactic. This is shameful and totally against the law. This company is disgraceful and even has a facebook page on the way it is treating clients. Whats more worrying is that this is allowed to happen. Many people are struggling and have great need of this money, yet a large corporation of which has made millions of profit in previous years (free information on Companies House) is holding onto funds and worst still taking new bookings when holidays not possible. Where is the justice in this shameful behaviour?????

Lastminute.com agreed a cash refund on 17th April for my son’s trip (booked in January).
Still being processed 3 months later!!
Can’t get to speak to anyone, sent letter to compalints address 14 days ago. No reply.
Now have the aggravation of tryng to get the credit card company to sort it out.

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