Coronavirus: Government decision on refunds expected next week

AI in the Travel and Tourism Industry – Current Applications | Emerj

A UK government decision on whether to suspend the consumer refund rules of the Package Travel Regulations is not expected until next week.

The decision by the Department for Business (BEIS) remains in the balance following a meeting of Abta, the CAA and officials of BEIS and the Department for Transport (DfT) on Thursday.

Travel Weekly understands this is likely to have marked the final discussion on the issue.

ABTA has warned the government of “mass failures” and “an industry-wide collapse” if the PTR requirement to refund consumers for cancelled bookings within 14 days is adhered to.

A decision is urgent, not least because Tuesday, March 31 will mark 14 days since the UK Foreign Office advised against all overseas travel – triggering immediate cancellation of more than two million protected bookings.

The total value of refunds owed has not been made public, but Travel Weekly has been told “it’s a colossal number” which threatens wholesale insolvencies.

The government is aware this would deprive most consumers of early refunds and leave the DfT to pick up the bill as the CAA and Air Travel Trust (ATT) which underwrites Atol consumer financial protection is still dealing with the failure of Thomas Cook last September.

The Cook collapse cost the ATT £481 million and the government an additional £156 million, the UK’s National Audit Office revealed last week, with the final bill still to be assessed.

Abta wants a suspension of the legal requirement to refund consumers in full within 14 days of cancellation, requiring a temporary change to the PTRs.

The association and the CAA have been urging the DfT and BEIS to act for a fortnight.

Abta has partially taken the matter into its own hands, advising members to delay refunds and issue ‘refund credit notes’ on ATOL-protected bookings, initially up to July 31.

It wants BEIS, which oversees the PTRs, to make this legal and the DfT – which oversees the ATOL scheme – to confirm protection for the delayed refunds should travel businesses go bust.

Travel Weekly understands government ministers and officials are concerned delaying refunds “is not good news for consumers”.

An industry source said: “They get this [proposed refund credit note] regime will deliver refunds more quickly to people but are worried about how to explain it to consumers.”

Concern that the EU may react to a breach of European rules is also troubling officials despite Britain leaving the EU. All EU regulation remains in force until at least the end of the year.

The source suggested: “The very fact Abta is still in detailed discussions with the government on this is positive.

“Officials understand this is not the industry bleating or crying wolf, but it is a difficult decision for them. Abta is trying to pull off a balancing act.”

The source suggested: “The DfT knows Abta is not over-egging it. They saw how much flak the government took over Thomas Cook.”

The problem is also set to grow worse. The initial Foreign Office advice against all non-essential travel was for 30 days. More bookings will be cancelled as the advice period is extended, adding to the sums to be refunded.

The source said: “The pressure is going to build as time goes on. It’s a rolling problem.”

Abta has said it will stand behind the refund credit notes as a guarantor up to July 31. But for the delayed refunds to work, the DfT [through the CAA] needs to stand behind refund credit notes issued for Atol bookings.

The source noted: “It will only work if Abta and the CAA underwrite it. The CAA is in an invidious position, but it’s not in its interests to have the industry destabilised.”

If BEIS does not modify the PTRs, Abta would “have no choice” but to proceed in advising members to delay cash refunds and provide refund credit notes in their place.

Abta has also asked the government to insist airlines return to refunding customers or their agents for cancelled flights as part of any aid provided to carriers.

It said: “Government-funded assistance should be directed as a priority to the payment of refunds to trade intermediaries and the consumer.”

The CAA is responsible for enforcing the rules on airline refunds under EU Regulation 261 on air passenger rights.

The source said: “The CAA is trying to get action by the airlines by consensus first. The CAA and DfT are working with the same airlines to try to get people home and that is the priority.”

Thomas Cook ceases trading after failing to salvage rescue deal

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Travel giant Thomas Cook has collapsed after last-minute efforts to secure a rescue deal failed.

The 178-year-old business ceased trading with 600,000 overseas, including 150,000 from the UK.

The CAA is to begin the biggest-ever repatriation of UK travellers with more than 45 aircraft sourced from around the world.

German authorities face organising even bigger repatriation with up to 300,000 Germans abroad on Cook holidays.

The Thomas Cook board called in administrators after running out of options to keep the business afloat. A senior industry source said: “The board could not keep the wheels spinning. They had a legal duty.”

Thomas Cook’s failure leaves 20,000 staff, including 9,000 in the UK, out of work.

The insolvency was timed to kick in once the group’s entire fleet of aircraft was on the ground in the early hours of Monday.

The holidays of those due to fly out from today have been cancelled leaving hundreds of thousands to apply for refunds.

Chaos and confusion are expected at airports, as people turn up for cancelled services or to enquire about flights home, and at the more than 3,000 hotels used by Thomas Cook – most of which will be owed money by the group.

The group was set to be rescued in a deal worth £900 million which would have seen Fosun taking control of 75% of the company’s tour operating the business and up to 25% of its airline in exchange for a £450 million capital injection.

Debt holders and lending banks would put up the remaining £450 million in exchange for control of Thomas Cook’s airline and up to 25% of the tour operator.

The deal, which had been pushed back once, was due to be voted on by creditors and stakeholders on September 27.

But last week Thomas cook’s lending banks, led by Royal Bank of Scotland and Lloyds demanded it finds an additional £200 million in contingency funding.

This demand for “a seasonal standby facility” followed fresh advice from financial consultants working for the banks which suggested Cook risked running out of cash once more by late 2020.

Air Travel Trust reports £18m surplus

Air Travel Trust reports £18m surplus

The Air Travel Trust (ATT) which pays out to holidaymakers when a travel firm fails has returned to surplus for the first time in 17 years.

The ATT annual report published this morning confirmed a fund surplus of £18 million – the first time it has been in the black since 1996.

The fund was in deficit to the tune of £18.45 million a year ago and was £42 million in the red as recently as March 2011.

The trustees report they took in £48.1 million in Atol Protection Contributions (APC) in the year to March, up from £42.6 million in the previous 12 months.

The £5.6 million increase was mainly due to Flight-Plus Atol payments following introduction of the licence for flight-plus bookings in April last year.

The ATT reported 19.2 million passengers made Atol payments in 2012-13, up from 17.3 million the previous year.

At the same time there were only 11 Atol company failures during 2012-13, representing a cost to the fund of £844,000.

This was down from 23 failures costing more than £14 million in 2011-12.

Only 37 passengers had to be repatriated during the 12 months and 1,354 were entitled to refunds.

ATT chairman Roger Mountford said: “The relatively low number of Atol-holder failures shows how well the travel industry performed last year, despite challenging financial circumstances.

“The industry worked alongside the Civil Aviation Authority to prepare for Atol reform, which was essential to ensure the scheme reflected the changing way people book holidays.

“This more stable period has resulted in the ATT’s welcome return to surplus, and with Flight-Plus successfully in place, consumers now enjoy greater protection for their holidays.”

Mountford added: “The introduction of the Atol certificate has also brought much-needed clarity to the scheme.”

Atol Certificates were introduced last October.

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