15/10/20

Wales Travel Ban: What If I Have a Holiday Booked?

The news of a potential travel ban in Wales has caused concerns across the UK. We take a look at what is being proposed, who it will affect, and what your options are if you have a holiday booked in Wales.

What is being proposed with the travel ban?

The Wales’ First Minister, Mark Drakeford, has announced plans to introduce a travel ban on people in parts of the UK with high rates of Covid – 19 travelling to Wales if the Prime Minister does not impose travel restrictions in England. It is expected that the ban will cover all of Northern Ireland, the Scottish central belt and England’s tier two and three areas and that the rules will come into force from Friday evening (16.10.2020).

Travel to and from 17 local lockdown areas in Wales is already restricted and people can only travel there for reasons such as work or education. But the proposals will mean that the restrictions will be widened to parts of Wales which are not under lockdown rules.

The Head of the Police Federation in Wales, Mark Bleasdale, warned the rules would be unenforceable given the difficulties the officers face when policing the existing regulations. It is hard to see how the police will have the work force to stop each vehicle entering into Wales to verify which parts of the UK they are traveling from.

Enforcement details have not been confirmed but it is likely to be a fixed penalty notice or a fine.

What if I have a holiday booked in Wales and I live in a tier two or three area?

If you live in tier one, you are free to travel to unrestricted areas of Wales, however if you live in tier two or three areas, you will not be able to travel and will not be able to go on your holiday if the above restrictions are imposed.

Many property owners, hoteliers, B&B proprietors will no doubt be reasonable and attempt to find an amicable solution and may offer to postpone your holiday to a different time or may provide you with a discount or an upgrade.

If you are unhappy with a postponement, the Competition and Markets Authority (CMA) have said that a refund is due when a consumer is prevented from receiving any goods or services, because, for example, lockdown laws have made it illegal to receive or use the goods or services.

The law of frustration also applies in that where there is a change of circumstances after the contract was made which is not the fault of either party which renders the contract impossible to perform each party is discharged from future obligations.

Should you have a holiday booked and are facing difficulties in obtaining a refund please contact us and we may be able to assist with negotiations.

Kitsons Solicitors - Lauren Baber

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15/10/20

About the author

Kitsons Solicitors - Lauren Baber

Lauren BaberSolicitor

Lauren is a Solicitor in the Dispute Resolution/ Litigation team

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