DfT-FCDO advice ‘difficult to align’ Ian Taylor
The Department for Transport has confirmed Foreign Office advice is the key to deciding whether package holidays to amber destinations can go ahead despite government insistence people should not take holidays to amber countries. Sofia Stayte, DfT head of aviation
consumer policy, conceded “it’s not illegal” to travel to an amber destination, telling an Abta Travel Law Seminar last week: “There are no legal implications of travelling to red or amber destinations.” She argued: “There will be
people who have strong reasons to travel for family or business reasons,
but it’s not what the government advises and a lot of consumers won’t feel safe to do that.” Stayte acknowledged the
difference between the traffic light system and FCDO advice was “not very helpful”, but suggested the disparity is likely to remain. She said: “FCDO advice has a
very different purpose. It’s about the destination and not UK public health. It serves the needs of understanding the risks in a destination. “Because of the very different
objectives [of FCDO advice and the traffic-light system], it’s very difficult to align the advice.” The Competition and Markets Authority (CMA) also confirmed
Experts doubt EU reopenings will be harmonised
Ian Taylor
Industry leaders remain frustrated at the limited green list of destinations open to quarantine- free travel, but sources are confident the list will expand by late June. However, there is scepticism that
reopenings around Europe will be harmonised despite EU efforts to coordinate the restart. Spain lifted restrictions on
UK travellers from Monday and tourism minister Fernando Valdes forecast “Spain is going to change its [amber] notification” at the next UK government review. Yet Germany declared the UK a “virus variant
4 27 MAY 2021
region” and imposed quarantine restrictions at the weekend and Austria announced a ban on UK flights from June 1. A senior airline source said: “A
wider reopening is inevitable. Things are moving in Europe despite the setbacks. But it’s incredible that Spain took one approach and Germany another on the same day. Even after a year there is no political alignment.” The EU moved a step closer
to signing off on a Digital Covid Certificate, which should allow vaccinated travellers unrestricted entry, and signalled the UK would be on a ‘white list’ of non-EU countries allowed to participate so
There are no legal implications of travelling to red or amber [places] but it’s not what the government advises
FCDO advice is key to assessing consumers’ cancellation and refund rights. CMA consumer group director
Hayley Fletcher told the Abta Travel Law Seminar: “There is not a hard and fast right to a cancellation refund [to amber destinations]. Operators need to look at the FCDO advice and at whether there are unavoidable
Benidorm
circumstances in the destination.” However, she insisted: “Firms
must treat customers fairly regardless of the guidance or advice.” Abta head of legal services Simon
Bunce noted: “It comes back to FCDO advice.” Fletcher’s name was on the open
letter to the sector the CMA issued on May 13 setting out its view on when refunds are due. This made no reference to the government’s traffic light system. Abta said in a statement: “Foreign
Office advice manages the risk to people in destination. The traffic light system needs to be allowed to
work as intended.” i Get Social, page 27
long as the move is reciprocated. The certificate has still to be
formally adopted by the European Parliament and Council but should come into force on July 1 with a six-week phasing-in period. However, EU states could still
impose restrictions if “necessary to safeguard public health”. The airline source dismissed
prospects of a coordinated reopening around Europe, saying: “It’s one thing to declare a harmonised approach. What happens in practice is another. “We still see a state-by-state
approach. It remains to be seen how much will be harmonised.” However, the source insisted:
“Provided the UK domestic reopening remains on track, travel’s reopening should remain on track. “We expect an announcement
[on expanding the green list] a week before implementation on June 28.” A second aviation source agreed,
saying: “We don’t envy the EC trying to herd these cats. Member states are going to do what they do on the basis of public opinion and economic priorities. “We’re pushing for June 28.
We hope to be in a much more comfortable position and for a big expansion come June 28.” But the source added: “On past form, we’re not banking on it.”
travelweekly.co.uk
PICTURE: Shutterstock/Serjunco
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