Coronavirus Information Hub

The PTRs require package organisers to offer alternatives or refunds for holidays if the organiser is “constrained” to make a “significant” change to a holiday or cancel it. However, if there is a realistic chance that the holiday could go ahead – a flicker of hope is all that is required – then the organiser is not obliged to offer a refund. The difficulty is the period of time in which a customer is able to cancel their trip. We have heard that customers are contacting tour operators to cancel trips booked in a month, or two months from now. It is difficult to know whether it is practical and realistic to reassure the customer that the trip will go ahead. There is no magic answer, it is up to the organiser to consider the trips and holidays it is offering and whether the risks posed are sufficient for cancellations to be made well in advance.

The Foreign Office is updating its advice regularly. The only general warning is currently against travel to mainland China. It also warns against all but essential travel to Daegu and Cheongdo in South Korea, and 10 small towns in Italy – none of which are familiar tourist destinations. Various operators have cancelled flights to these areas and have offered a refund or an alternative flight. Flights to other destinations have been cancelled but this is due to reduced demand, rather than any necessary restrictions. Currently, the only grounds for cancellation to other areas is if the customer has booked a package holiday for a specific purpose such as a cultural tour and the main attraction has now been closed. This would be considered as a ‘significant change’ and the customer would be entitled to a full refund. Holidays without a specific purpose will not be affected by this.

Customers should check their own travel insurance documentation but as a blanket guide, if there is no general warning against travel to the holiday destination then any decision not to travel will be considered as ‘disinclination to travel’ which is not covered by standard policies. Those in high risk groups, who have travel insurance specific to the risks such as elderly travellers or those with a weakened immune system may have a policy which takes account of these factors and these travellers should consult their GP for guidance on making a claim under the policy.

The first point of call should be your booking conditions, as an operator you should check what you have contractually agreed with your customer. This will be the starting point for any changes to the holiday and will set out each party’s rights and obligations. It is often a commercial decision, consider the reputation of your business along with the cost of offering more generous terms in the circumstances.

 If customers are held in quarantine at their destination the obligations on package organisers are quite limited. The customer is still being provided with the services, as they are staying in the hotel and the organiser is still able to provide the flight home. If the customer is unable to take the flight home this is not due to the fault of the organiser and so the organiser is not obliged to pay for a replacement flight. However, many airlines are offering replacement flights or refunds.

The main concern is if the period of quarantine is outside the package holiday dates. Tour operators are dealing with this situation on a case by case basis and many insurers are maintaining cover if the customer has not travelled against FCO advice, depending on when the policy was purchased. Several package holiday providers have agreed to cover some or all of the cost of the customer’s time in quarantine and repatriation but this is at the discretion of the individual provider.

It is of course in the best interest of the tour operator to offer prompt assistance and consider its options commercially, as well as considering the booking conditions.

The vast majority of those who have contracted coronavirus have made a full recovery – there are far more serious dangers which travellers should consider when arranging a holiday or a trip, and many of these risks are taken by millions of travellers on a daily basis. The important thing to remember is to take on board up to date advice from the Foreign Office and advise customers to take precautions and follow travel hygiene advice. 

– The vacuuming of carpets and seats,
– The cleaning of all surfaces with which customers come into contact (tray table, armrest, screen, remote control, toilets, etc.) using approved disinfectants.
– The systematic renewal of blankets, distributed in a protective plastic film.

On each flight, crew members are also provided with:
– Cleansing wipes,
– Vinyl gloves,
– Disinfectant sprays,
– Protective masks,
– Cleaning kits (gloves + wipes).
The available number of these items has been increased since the outbreak of COVID-19.

Finally, all aircraft operated by Air France are equipped with an air recycling system. Cabin air is completely renewed more than 20 times per hour, which is a much higher rate than in accommodation or other closed ground environments. The recycling system is equipped with “High Efficiency Particulate Air” filters or HEPA filters, identical to those used in operating theatres, to ensure that the air in the cabins complies with current quality standards.