BUSINESS NEWS


Travlaw’s Stephen Mason: ‘A travel company needs a watertight case that the money is not refundable’


Mason says PTRs leave space for interpretation


Government advice against travel to Spain splits Abta’s ranks. By Ian Taylor Cooper questioned the legal basis


Foreign Office advice against all but essential travel to Spain has triggered a confrontation between Abta leaders and Abta members On the Beach and Loveholidays over consumers’ right to a refund. Abta policy and industry practice


have for decades been that tour operators cancel holidays and refund customers if the Foreign Office (FCO) advises against travel to a destination. But On the Beach and Loveholidays,


the third and fourth-largest Atol- holders, are refusing refunds on the


40 20 AUGUST 2020


flight elements of package holidays to Spain unless the airline cancels and pays a refund. On the Beach chief executive


Simon Cooper told customers last week: “Industry practice is not law. It is something which can and should change.” Abta reaffirmed its policy last


week following a board meeting, confirming: “The board agreed unanimously that Abta members should offer refunds to package holiday customers where the Foreign Office advises against travel.”


for this, citing the Package Travel Regulations (PTRs) and telling customers: “The legal position is very clear that FCO advice does not automatically trigger [a refund].” He noted FCO advice on Spain


“has not triggered widespread flight cancellations” and said: “If the airline cancels the flight and refunds us, we will pass that refund back to the customer.”


Continued on page 38 travelweekly.co.uk


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