Can I get a refund if there is a “circuit breaker” lockdown?
You would be entitled to a refund on your travel expenses if the Government pushed ahead with a circuit breaker and put the country under lockdown.
Britain’s competition watchdog made it clear during the first lockdown in spring that accommodation providers needed to pay refunds when the holiday could not go ahead.
The Competition and Markets Authority said people will generally be entitled to a refund if contracts cannot go ahead due to lockdown laws. This applies if due to no fault of either party something happens after the booking was made which means the service can no longer be performed or was radically different to what was agreed.
In this case, the contract comes to an end and the consumer should get their money back if they paid in advance for services or goods they have yet to receive. You should also not be required to make any further payments.
The CMA said it would expect a full refund to be made where a business has cancelled without providing any of the promised services, if the service cannot be fulfilled due to lockdown laws or if you are prevented from receiving the service because for restrictions in Britain or abroad have made it illegal for your to receive it.
This means that if the hotel or flights are cancelled due to Government restrictions, then you will be able to get your money back.
These legal restrictions include those imposed by local lockdown laws and mandatory self-isolation if you have a symptom or have been asked to quarantine due to track and trace.
You should be able to get a full refund even where you were told the payment was non-refundable, for example on a deposit or advance payment, according to the CMA.
What if they won’t pay a refund?
If you make bookings on your credit card and the airline or the hotel cancel, you can ask your provider for a refund under Section 75 of the Consumer Credit Act.
It protects you when you spend on your credit card but the value of the ticket must be between £100 and £30,000 to make a claim.
If you booked with a debit card you may be able to make a claim using the Chargeback scheme. This gives people a chance of getting their money back from their bank if a service has not been provided. This will only get you your ticket cost back, and will take time.
It also relies on the airline, hotel or tour operator cancelling on you and does not apply if the flight is still running or the hotel is open for business.
