How To Get A Refund For Your Holiday Cancellation2nd Jul 2020
If you’re still in the statutory consumer cancellation period (usually 14 days from booking) then cancel. You should be entitled to a refund of monies paid.
But if you’re outside the 14-day cancellation period then do not cancel – wait for the holiday company to cancel on you. If you cancel and the holiday could still have gone ahead, you may:
- lose money you have paid
- be liable for breach of contract.
If the holiday company does not cancel and is able to provide the holiday then you may not be able to cancel and get a refund.
Get Expert Legal Advice On Your Rights
Can I Claim On My Insurance? What If I Have No Travel Insurance?
If you cannot safely go on holiday – perhaps because you are vulnerable and are still being advised to self-isolate – then you should contact your insurer.
If you have no insurance then you may have to consider claiming ‘frustration’ of the holiday contract.
Frustration is an English contract law doctrine. It acts as a device to set aside contracts where an unforeseen event either makes contractual obligations impossible or radically changes the party’s principal purpose for entering into the contract.
This is not a simple legal concept. We would need to review your holiday company’s terms and conditions before advising you how best to proceed.
What If The Holiday Company Tries To Keep My Money?
If you no longer want to go on holiday because of the risk (or because you worry about having to self-isolate on your return from abroad) then please check your insurance.
The holiday company may treat your concerns in the same way it treats any other customer who has changed their mind. You may lose any monies you have paid.
Or, morally, the holiday company may be more accommodating. It may offer you a:
- refund
- credit for a future holiday
- re-booking on a later date.
But you may not have any legal rights to a refund.
There may be scope for claiming that the contract cannot be performed as promised because amenities promised in the holiday brochure may not be available. These could include:
- swimming pools and gyms
- bars and restaurants
- activities and entertainment.
If so, you may be able to claim frustration or breach of contract. But each case would have to be considered on its individual merits.
Get Expert Advice On Contract Law
We hope your travel plans go exactly as planned and you have a fantastic holiday.
But if you have any problems, contact Coles Miller Managing Partner Neil Andrews, head of the Commercial Department to find out more about your consumer rights.
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This document is not intended to constitute and should not be used as a substitute for legal advice on any specific matter. No liability for the accuracy of the content of this document, or the consequences of relying on it, is assumed by the author. If you seek further information, please contact Managing Partner Neil Andrews at Coles Miller Solicitors LLP.
