I’m due to fly with the family to the UAE on a BA holidays (flight + hotel) booking at the start of April. As I understand the FDCO advice is against all but essential travel to the country, I am within my rights to seek a full refund. Reference: https://www.legislation.gov.uk/uksi/.../regulation/12 , specifically 12(7).

Just been on the phone to BA holidays for the last hour who keep referring to the BA commercial policy that they are only providing refunds or re-bookings for travel up to the middle of this month.

I want to change our plans to travel west bound instead but at the moment customer service have asked me to wait until Monday whilst they seek further guidance on this matter.

Curious as to what others think here. Thank you

Start of April is just under 4 weeks away. The whole situation and FCO advice may be very different by then. I don’t see citing legislation to a phone agent is going to get you anywhere either. They quite reasonably said you have to be patient.

Regardless of what the status of hostilities in the Middle East will be at the time of your planned holiday, IMHO the risk calculation has changed dramatically. When travel is required is one thing but discretionary travel another and as the UK Government and others are strongly advising against such travel, then I believe this gives you the right to cancel. BA will tell you they see it differently and have disempowered their agents to make any decisions on this, but that changes nothing.

EDIT: If it were me, I would be writing to cancel the arrangements and quoting the FCDO advice. If BA do not refund it, then proceed to your travel insurance. Your insurers would not cover you for travel against FCDO advice, so when that advice not to travel kicks in then they must, logically, allow the cancellation charges. But, even if out of pocket, I still would not be going anywhere near the UAE for the moment.

it has right this moment. the question is how far out does that carry? i don't see how you know whether the "performance of the package" or "carriage of passengers to the destination" is significantly affected when we have just under 4 weeks before the OP's holiday? I am sure the picture will become clearer in maybe 2 weeks time and BA forward policies will start to cover April at that stage.

this seems to be your feeling tho, which maybe valid but isn't the grounds which allow for cancellation the OP has linked to.

The right to cancel depends on the FCDO advice still being active at the time of travel. At of today Regulation 12(7) of the Package Travel and Linked Travel Arrangements Regulations 2018 is not in scope.

I think your are perhaps missing the point that I am actually within my rights to seek a refund despite the commercial policy from BA.

I gave this post the reference to the relevant legislation, not the phone agent.

Taffyler is correct, the risk profile has changed significantly and I’m not comfortable taking my whole family on a trip there.

you are incorrect my friend: There is no legal requirement that the advice must still be in force on the actual departure date before you can act. The question is whether, at the time you are seeking to cancel, there are unavoidable and extraordinary circumstances at the destination. The answer is clearly yes. Waiting until closer to 1 April simply increases the risk that you miss deadlines or the situation changes in ways BA might try to exploit.

Also for clarity ATOL protection is not relevant here. ATOL is to give you financial protection against the insolvency of the provider, it does not provide cancellation rights.

It's the fact that you bought a package holiday under the Package Travel Regulations that is relevant to your query.

People often conflate the two because if buying from the UK a package has to be ATOL protected, but worth noting they are different things. You can also buy flight-only from some providers with ATOL protection, and those don't include package travel rights.

see times article also referencing ATOL protected packages in this situation.
Stranded in Dubai or flight delayed? Your travel rights amid Middle East conflict

https://www.thetimes.com/article/afd...c41ae8f04ec5ad

but yes agreed it’s the package holiday booking part that does make it relevant.

Fully respect your legal opinion and IANAL etc. but Regulation 12(7) gives the right to cancellation BEFORE the start of the package. So, my question is, given BA may hold their position up to right before the due departure of the holiday, at what point does reasonableness dictate the OP's right to cancel? Regardless of any ceasefires or empty promises from disempowered regional leaders the risk at the destination has dramatically changed since the time of booking. The customer would also like to book something else and making them wait until shortly before their holiday to do so will undoubtedly prove more expensive.

with due respect Seshy, you seem to have made up your mind anyway, I am not clear why you have come to ask for comments in that case?

EDIT: i do understand you are not comfortable taking your family there in a months time. however, that is not a basis to demand full a full refund now.

I was in the same scenario as you having a BAH to the Middle East in April and have now changed destination (flights and hotel). Cancellation would have cost 60% of the total at this stage.
I could have elected to wait until closer to the original holiday dates to avoid change fees but could see availability disappearing fast to where I wanted to go.

You could decide on taking the hit (change fees) and securing an alternative or waiting until you are within a free rebooking window and try and secure the alternative by which time availability will have dwindled.

I don't see a refund here and even if it were possible would be more effort with no guarantee of success.

I have done so as I believe a lot of people don’t actually understand their rights in this situation, as you are proving.

Trust me I am supremely loyal to BA and have only flown with them as a carrier over the last 20 years. I don’t wish any ill on them as a business, but they seem to be wrong in this case.

What if your holiday was next March? Would you still say the same?

Anyway the point is this - if BA are saying they won't refund now so wait for further guidance, you have two choices. You can either:

(a) Wait a bit, and unless the situation clears up very quickly you will probably get your refund without a fight anyway
or
(b) You can fight for it right now. It may be that BA simply let you have it, but it may prove to be more hassle than option (a)

This is the predicament I find myself in, my 60% cancellation fee is over Ł20k and it wasn’t until I read the Times article and then started researching myself it seemed that I would be within my rights to seek a full refund (or rebook without any change fees).