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Deposit Refund & Travel Arrangement Regs 2018

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The balance for my Holiday is due on the 15th of May for August travel to the states. Given the current situation I'd prefer not to go anywhere.
My holiday was booked through Virgin Holidays as a package deal in February, well before I knew anything about covid-19. If I currently cancel I will forfeit my deposit of £700 unless I move the booking to next year subject to paying any price increases (same holiday next year is £2k extra). Having read through the booking conditions on VH website it clearly states I will loose the deposit if I cancel. Although this is VH own booking condition, they must also follow the ''Package Travel and Linked Travel Arrangements Regulations 2018''. 

Their was an interesting clause I picked up under the termination clause and was wondering if this clause could help me and possibly others in anyway to get our deposit back. I'm not travel lawyer so  would be interested to know what others think. 

Termination of the package travel contract by the traveller


(7) Notwithstanding paragraphs (2) to (6), in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and which significantly affect—

(a)the performance of the package, or

(b)the carriage of passengers to the destination,

the traveller may terminate the package travel contract before the start of the package without paying any termination fee.

(8) Where the package travel contract is terminated under paragraph (7), the traveller is entitled to a full refund of any payments made for the package but is not entitled to additional compensation.



My point is the performance of my package holiday will significantly be impacted, especially if their is social distancing measures in place and if you have to wear a mask at all times.  In addition before I booked my holiday there was no FCO advise  in place so I booked on the basis that it was safe to travel before the travel ban

Edited by tlogic4
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  • 2 months later...

I would be interested in an answer to this too. I have a holiday booked where the hotel is now not opening due to COVID-19. This was booked in September 2019. 

Jet2 are only offering a change to next year, however, as you said the prices are really high at the moment. I emailed the CEO and got a reply from some escalation executive stating the information I was given by customer services is correct as the hotel has close due to circumstances out of their control. So, I basically have until 31st July to find a holiday for next year or pay the balance of this holiday and wait until the operations team contact me with options. 

They refuse to pay back the £450 I have paid.


I also found this clause as the guy who emailed me did mention travel regulations!


Cheers for any help



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