What are my rights with travel and the war?
Over the past week, I have received several questions about whether travellers will get refunds for holidays booked in, or near, war zones. Most commonly can “Can I cancel my holiday due to war?” The answer depends on Foreign Office travel advice and how you booked the trip.
Every day, consumers ask me a variety of questions across Instagram, Facebook, TikTok and Threads. In my weekly The Complaining Cow Consumer Column I share the issues that come up most frequently. Due to the current situation and different scenarios for those affected, I will answer various queries about cancellations, refunds and rights for passengers due to travel to and from countries in the area of the current US/Israel/Iran conflict.
In the video below, I explain your rights regarding travel in war zones:
@thecomplainingcow If a war or major conflict breaks out while you’re travelling or before your trip, many people aren’t sure what their rights are. ✈️ Can you cancel? Can you get a refund? What are airlines and travel companies responsible for? ⚖️ Knowing your rights before you travel can make a big difference. Have you ever had a holiday disrupted by a major event? 🤔 #travel #consumerrights #refunds #traveladvice #consumeradvice
If the company refuses a refund to which you are entitled you may still be able to claim your money back through your credit or debit card provider, which I explain below.
War has broken out where I am on holiday – How will I get home?
If you are on a package holiday the travel company is responsible for getting you home as quickly and efficiently as possible.
I am not sure I want to fly to a country that is deemed as OK
Check the Foreign, Commonwealth and Development Office (FCDO) website to see if it advises against “all but essential travel” to a country. Currently it is advising against travel to certain parts of Turkey, for example.
The FCDO says it’s OK to travel but I don’t want to – What are my rights?
You will not be entitled to a refund if you cancel your booking.
Will my travel insurance pay out for anything?
Most travel insurance has an exemption clause for wars and acts of terrorism. However, it should still pay out for falling ill, loss of items etc. You will need to check your policy.
This is why you need travel insurance when you book a holiday
Can I still travel if I want to and the flight is going?
If the FCDO advises against travel, you will be able to get a refund. If you still choose to travel despite the FCDO warning, your travel insurance will become invalid.
If you are in an area of a country deemed to be safe but stray into an area where the FCDO has advised against travelling, your travel insurance is unlikely to cover you for anything.
My flight is cancelled/delayed what are my rights?
The Denied Boarding Regulation (261/2004 EC) applies to passengers departing from an airport within the EU on any airline. They also apply to passengers departing from an airport outside the EU bound for an airport within the EU, if the operating air carrier is a Community carrier. (i.e. a carrier with a valid operating license granted by an EU state).
The EC Regulation has been transposed into UK law as The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019.
Under this law, the airline must look after you. It must provide food, drinks and access to communications, in the unlikely event you don’t have a mobile phone or it’s not charged. You are entitled to this if you are delayed more than 2 hours on short haul, 3 hours on medium and 4 hours on long haul.
If you are delayed overnight, the airline must provide you with a hotel and travel to and from it. (All these must still be provided even if the delay was out of the airline’s control).
See more on your rights regarding flight delays and cancellations.
Am I entitled to compensation if my flight is cancelled or delayed due to a war?
No, war is considered an “extraordinary circumstance”, so is exempt from the compensation regulations.
I am stuck unable to get out of the country – What should I do?
Let the FCDO know. Register your details at Foreign Office travel advice updates
I arranged my own flight and war has broken out – What should I do?
You will need to contact the British Embassy in the country where you are and will need to contact your airline.
I am due to fly to one of the countries affected – Will I get a refund?
If the flight is cancelled, you can choose between a full refund or another flight which can be with another company. The airline should help you to do this.
The cancellation date ranges vary by airline and they may go further into the future as the war continues. Check the status regularly with your airline. Don’t cancel the flight yourself, instead wait for the airline.
I have a connecting flight through the Middle East – What are my rights?
If you bought the flight as one fare and you cannot reach a transit airport, then you must be given a full refund or an alternative flight.
If you bought separate flights, the refund will depend on the status of each individual flight.
I booked through a third-party provider – What should I do?
You will need to contact the provider to arrange a refund.
I booked the hotel only and want to cancel – What are my rights?
This will depend on the individual hotel’s terms and conditions.
I booked a cruise – What are my rights?
If the cruise company cancels or makes significant changes to its itinerary, you can get a full refund.
I am struggling to get a refund from the airline – What should I do?
If the airline is a member of an Alternative Dispute Resolution (ADR) provider, such as CEDR, you can submit your case to it. They will make a decision with which the airline must abide. If the airline is not a member a scheme, you can take the matter to the Civil Aviation Authority (CAA).
You can claim up to 6 years from the date of the scheduled flight.
You may also be able to claim through your credit or debit card company.
See How to claim refunds using credit and debit cards, Consumer Credit Act 1974
More on your rights and complaining about flights and holidays
What to do when your flight is delayed – the full guide on what you can claim for when and how.
See All you need to know about booking/complaining about holidays/flights for numerous scenarios, regulations, laws and complaining!
How to complain to get refunds and more
Top 20 Tips on how to complain effectively.
For more guidance on complaining effectively and understanding your rights, see the consumer guide GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!
101 Habits of an Effective Complainer provides you with more tips.
More frequently asked in questions in The Complaining Cow Consumer Column
