Passengers from all over the world have been caught up in travel disruption in recent days, after airspace closures and grounded flights caused by military escalation in the Middle East.
The turmoil has dashed holiday plans for many and left customers counting the cost of refunds for air travel and hotel bookings.
But what rights do people have if they would like to change their flights or be refunded? And what is the situation for people who have booked to stay in a hotel that they are now unable to get to?
For flights that have been cancelled by the airline (such as because airspace has been closed), the customer will be able to rebook an alternative date, and some carriers offer the additional option of a refund.
Maica, a staff member at Desert Wave Travel Agency in Dubai, said policies varied between airlines.
“Some airlines give two options: refund and rebooking. Some airlines only give rebooking,” she said.
For cancelled flights, Emirates, Etihad and Qatar Airways offer a free rebooking at a later date or a refund. Air Arabia and FlyDubai allow just a free rebooking.
The airlines vary in how far ahead the flight can be rebooked. Qatar Airways, for example, allows rebooking up to 14 days after the date of the original flight, while with FlyDubai it is up to 20 days.
With airlines based in the EU or the UK, and for flights to the Gulf leaving from the EU or the UK, customers have a legal right to a refund if they do not want to rebook their cancelled flight.
Requests for rebookings or refunds should be submitted through the carrier’s website for bookings made directly, or through a travel agent if they made the original booking.
Consumers are advised to keep emails, receipts and other documents in case they are needed to process the refund.
The options of a free rebooking or a refund only apply to flights cancelled by the airline – not to flights in the future that are likely to operate as scheduled.
“If for example the flight is March 27. If the flight is confirmed, there's no option to have it refunded or rebooked, unless the airline initiates to have it cancelled,” Maica said.
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Don't rush to cancel
Speaking on his show on LBC, a British radio station, Dean Dunham, a lawyer specialising in consumer rights, said on Sunday that people concerned about flights should “let the airline cancel, not you”.
“If you cancel, often it will be classed as a voluntary cancellation and they will charge you all the money – they won’t give you a refund – or they will charge you a hefty cancellation fee,” he said.
People with flights booked two or three weeks ahead and who might be looking for a refund are advised to “sit tight and let it get a little bit closer”.
While the situation may vary in different countries, if a national government advises against travel to a certain state, that in itself is unlikely to compel a carrier or a hotel to offer a refund.
Currently the UK Foreign, Commonwealth and Development Office “advises against all but essential travel” to the UAE, while the Australian government’s advice is “do not travel”.
Airlines and accommodation may choose to refund customers in these circumstances, but they are not legally obliged to do so. The company’s detailed terms and conditions may indicate their policy.
Anika Yazichyan, managing director of AV Best Travel in Dubai, which specialises in outbound travel, said that for customers who have booked hotels, but who are unable to travel, policies varied.
“Some hotels will offer you just a date change within one year. Some will give you a full refund,” she said.
“If the airlines are not operating, the hotels are flexible.”
If customers have simply decided they do not want to travel to a destination, she said that a resolution has to be agreed with the hotel.
“It will depend on the hotel discussion and your negotiating skills as well,” she said.
Policies may also vary depending upon the website that bookings were made through. Ms Yazichyan recommended e-mailing the relevant portal for clarification.
Some travellers unable to travel to the UAE because flights have been cancelled have reportedly been refused refunds by their hotel because the venue remains open.
Considering a claim
The situation may vary depending upon the customer’s location, but for customers in the UK, if the hotel was paid for through a credit card, a Section 75 claim against the credit card company may be worth pursuing. Such claims can be made if, for example, services are not provided or are defective.
Before making a claim, customers are advised to approach the hotel and ask if they will offer a refund or allow a change of dates.
While some Gulf carriers have resumed limited services, the situation remains far from normal.
David Bentley, chief airports analyst for Capa – Centre for Aviation, said that once the situation has stabilised and full operations have resumed, carriers would rapidly clear backlogs.
“If things quieten down quickly, airlines are very good at this,” he said. “They are very well used in dealing with backlogs.
“A lot of people cancel journeys anyway, so they don’t have to think about carrying them.
“If it were to come to a halt quite quickly and there’s a reasonable prospect of no missiles in the air for a while, they could probably clear it up in a week.”
Safety first
When airlines and hotels are operating as normal but travel advisories against visiting are destination are in place, legal experts typically say that consumers should stay at home, as travel insurance is likely to be invalid.
“If you do go and you do get stranded, the [UK] Civil Aviation Authority will have an obligation to repatriate you,” Mr Dunham said.
“You will get back. Your airline will do something for you and while you are stranded, it will be assisting you with hotel, accommodation and food. So, you will get back, I just don’t know how long it would be. But I would caution against travelling in the first place, unless things have changed drastically.”
Consumers in the EU or UK who have booked a package holiday (one that involves at least two services, typically a flight and a hotel booking) have particular refund protections thanks to the European Union’s Package Travel Directive and equivalent UK legislation.
This requires a three-part test to be satisfied. Firstly, there must be unavoidable and extraordinary circumstances, secondly, these circumstances must apply in the intended destination or its immediate vicinity, and finally, the performance of the package must be significantly affected.
“In my view, if you are booked to go to Dubai, anything from tomorrow for perhaps the next six weeks, I think you have got a very good case to go and say, ‘Because I booked a package holiday, I’m entitled to a refund, I want to cancel that holiday.’ And they will have to give you a full refund. That’s my view and it’s my firm view,” Mr Dunham said.
The case for a refund for a package holiday booked further ahead, say more than two months from now, is weaker, as circumstances are likely to have changed and the conflict may by then have been over for many weeks.
