Does living in tier 3 mean I can claim a holiday refund?

Q I now find myself a resident of a tier 3 area in England. I was due to visit Cornwall, which is in tier 1, after Christmas, but when I called to cancel the holiday let owner refused a refund or a credit note. Is this right? What are my options?

Gabrielle L

A About two-thirds of the population of England is now in tier 3, the “very high alert” level. As part of the measures aimed at controlling coronavirus infections, the government says: “Avoid travelling outside of your area, including for overnight stays other than where necessary, such as for work, education, youth services, to receive medical treatment, or because of caring responsibilities.”

Much as you and I might regard holidays as essential, especially at the end of such as dreadful year, travelling for fun is clearly not allowed from tier 3.

I am not sure when you booked the stay in Cornwall, nor of the conditions of your agreement with the property owner. If you arranged it after the coronavirus pandemic began, there may have been a contract term along the lines of: “If you are unable to reach the location because of government action, then you can’t have your money back but we will allow you to rebook.” That looks a fair balance between the customer and the owner.

If there was no such condition, then the view of the Competition and Markets Authority (CMA) prevails: that a contract which is “frustrated” by government action – ie the customer is not allowed to take up the opportunity – should simply be annulled with a full refund.  

However, that view does not have the force of law and I am not aware of any test cases yet, probably due to the Covid-related snarl-ups in the courts.

You could start your very own test case by commencing legal action to retrieve your payment or sit back and wait for the law to be settled. But I suggest alternative courses. The most straightforward will be to see if, even with just a week or so to go, you have family or friends living in tier 1 or 2 who could avail of the opportunity and with whom you could agree an appropriate financial settlement. Otherwise, contact the owner again, let them know about the CMA view and invite them to reconsider their refusal to allow you to postpone.

Q My partner is scheduled to fly from Istanbul to London tomorrow. However, she’s unsure if she’ll be let into the country because of the capital’s tier 4 restrictions and she’s not from the UK. Alternatively, she could travel to Gatwick, which is tier 2, but how could she enter London or is there no tracking system in place? What would you recommend?

Chris C

A With flight bans coming into effect almost by the hour as foreign countries put up barriers against the mutant strain of coronavirus on the loose within the UK, my response may be obsolete at any moment. But assuming flights are continuing between Turkey and London, let me outline the position.

I infer that your partner lives with you in London, and therefore will be deemed to be returning home. That is a legitimate journey and she will be able to fly to Heathrow, go through immigration as normal and go straight to your joint residence.

She will, of course, need to complete a UK passenger location form within 48 hours of arrival, and self-isolate for 10 days in accordance with UK quarantine rules before she is allowed to go out for a walk or to go shopping. The “test to release” option, with an officially approved private test five days after arrival, is now in operation. A negative result allows the traveller to cease self-isolation. But given that tier 4 rules are so tight anyway, and getting a test immediately after Christmas will be so tricky, it’s probably not worth the bother.

If this is, though, part of a long-distance relationship with you both living in separate homes, the moral if not legal position is rather different. It would constitute a no-doubt welcome social visit. While I cannot see anything in the new legislation ruling out an arrival from abroad, the spirit of the law is to prevent unnecessary journeys in or out of tier 4 areas. So the correct answer is for you, your partner, your circumstances and your consciences to decide.

Q Could you clarify if my wife and I are allowed to travel home from Ireland to England by ferry? Our route would be from Dublin to Holyhead on 28 December.

Andy R

A Such is the pace of change in travel – in particular the extraordinary number of restrictions which are being introduced almost by the hour – that I hesitate to predict what your situation may be a few days from now. Assuming the circumstances do not worsen, however, it looks to me that you are in a fairly solid position.

Most of the dozens of travel bans related to the new and dangerous strain of coronavirus are being imposed on people arriving from the UK, not returning to it.

For many British people seeking to return home, that is still bad news because it has triggered hundreds of flight cancellations. But Ireland has been a special case. Even though there is a new travel ban between the UK and the Republic, it is directional: restrictions apply only entering Ireland. Ferries are continuing to sail, and passengers with private cars are able to book voyages from Dublin to the UK any day at all apart from Christmas Day.

As your eventual destination is England, you will need to pass through Wales. This nation has a general ban on people coming in from outside. But there is an exemption for people who need to travel through as part of a journey from Ireland to England.  

Of course you may not be travelling by car. If you are foot passengers, then you could consider flying back to England. This will reduce the number of encounters you are likely to have along the way and cut down the overall journey time. Aer Lingus is continuing to fly from airports in the Republic to several destinations in England.

Once in England, you will need to adhere to the rules for the tier in which you live.

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