My family is due to fly to Rhodes for a holiday this week – can I cancel? Consumer rights lawyer DEAN DUNHAM explains where you stand if fires cancel your break
- Dean Dunham gives advice to holidaymakers amid mass wildfires in Rhodes
- READ: Greece wildfires LIVE: Up to 10,000 Britons remain on Rhodes amid fires
With thousands of tourists being evacuated from the Greek island of Rhodes as wildfires spread across the island and across to the popular holiday destination of Corfu, many are worried about where they stand if their planned holidays are cancelled.
Fires burning since Wednesday prompted the evacuation of 30,000 people over the weekend as an inferno reached resorts on the southeastern coast.
Thousands marched for 12 hours in 38 degrees Celsius to escape the flames billowing down the mountainside, bearing down on homes and hotels.
Others fought for space on buses and waded neck-high into the Mediterranean Sea to be rescued by small boats operated by locals in scenes likened to Dunkirk.
Many have since spent nights on the airport floor, waiting for repatriation flights, with more evacuations ordered on Monday morning.
Here, consumer rights lawyer Dean Dunham explains where you stand if your upcoming trip to the island is cancelled.
My family is due to fly to Rhodes for a holiday this week – can I cancel?
Before you do anything first check that your holiday is not going to be cancelled by the hotel or holiday provider/organiser.
If it is, you will be entitled to a full refund unless you accept an alternative holiday.
Consumer rights lawyer Dean Dunham explains where you stand if your upcoming trip to the island is cancelled
Fires burning since Wednesday prompted the evacuation of 30,000 people over the weekend as an inferno reached resorts on the southeastern coast
Wildfires continued to burn across the Greek island of Rhodes on Monday, forcing yet more people to flee homes, hotels and resorts on foot walking miles in scorching temperatures
If your holiday is not cancelled and you had a package holiday booked = ie travel and accommodation sold together – then Section 12(7) of the Package Travel Regulations say holidaymakers can cancel and demand a full refund ‘if unavoidable and extraordinary circumstances occur at the place of destination or its immediate vicinity which significantly affect the performance of the package or the carriage of passengers to the destination.’
In my view, a wildfire in the vicinity of the area you are flying in to or staying at falls squarely within this so could give you grounds to cancel with a full refund.
Several holiday firms and airlines are cancelling flights to Rhodes, and Jet2 has cancelled all flights and holidays to Rhodes up to and including Sunday, July 30.
This is evidence that could support a claim that it is not safe to travel to Rhodes during this period.
If you did not book a package holiday you will not be protected by the Package Travel Regulations. Instead you will need to liaise with the individual companies for flights and hotels etc to ascertain what the terms and conditions of each one says about cancelling.
Does travel insurance cover wildfires?
It is most unlikely that your travel insurance policy will contain a specific clause covering wildfires.
A travel insurance policy will not usually cover you if you wish to cancel your flight or holiday unless the UK government has issued advice against travelling to a particular country.
Rhodes has been turned into hell on earth by the raging flames which have torn past the island’s defences
Thousands marched for 12 hours in 38 degrees Celsius to escape the flames billowing down the mountainside, bearing down on homes and hotels
A satellite image taken over the weekend shows the extent of the blaze on the Greek island
So far the UK government has not done this regarding the wildfires in Greece.
If you have a pre-existing medical condition which would be affected by the extreme heat, you may be able to claim a refund under the terms of your insurance policy.
If I get sick because of the wildfires will it be covered by my health insurance?
On the face of it yes, but you will need to the read the terms and conditions attached to your policy.
However, a word of warning, if you have a pre-existing medical condition that could be worsened by extreme heat, your insurance provider may use this as an excuse to reject a claim, stating you were on notice of the extreme heat before you travelled.
If I want to fly home early am I entitled to a refund?
It is unlikely you will receive a refund if you cut your holiday short out of ‘choice’.
Your holiday provider will therefore likely claim you did not need to do this as your accommodation was still available and habitable.
However, if the UK government announces it is unsafe to travel to your location, this gives you the right to fly home early and demand a partial refund.
Firefighter Nektarios Kefalas tries to extinguish a wildfire burning near the village of Asklipieio
An aerial view shows smoke billowing in background of Kiotari village
The Princess Andrianna Resort and Spa is seen engulfed in billowing smoke from the wildfires
Likewise, if you are not on a package holiday and the local authority announces it is unsafe, you can claim a partial refund from your accommodation and leave. However, you may struggle in these circumstances to change your flight arrangements free of charge.
In the event of evacuation what must the tour operator provide for me and my family?
The Package Travel Regulations place an obligation on your tour operator to make suitable alternative arrangements, at no extra cost to you for the continuation of your holiday.
This could mean moving you to alternative safe accommodation or if this is not possible, arranging transport for you to get back to the UK.
Our grandchildren are devastated by our holiday being cut short – we are safe but shaken. What compensation can we expect?
While you will be entitled to an appropriate price reduction to take into account the holiday being cut short, you are unlikely to receive compensation.
In relation to a package holiday, this is because the Package Travel Regulations provide that compensation does not need to be paid in circumstances where the holiday was cut short due to ‘extraordinary circumstances’ and in my view, the situation in Greece will fall within this.
A firefighting helicopter drops water to extinguish a wildfire, in Diakopto, Egio
A firefighter tries to put out a wildfire in Asklipio village
The wide and fast spreading wildfires have been raging across the island since last Wednesday
If you are not on a package holiday, your hotel provider is likely to say this is a ‘force majeure’ event (act of God) covered by its terms and conditions. This means it will have no liability.
Any practical tips to help with claims on our return?
When you claim a price reduction or compensation for a ruined holiday the objective is to show a) what happened to ruin your holiday, b) how the event/incident affected your holiday and c) what the diminution in value was and how you were impacted.
With this in mind, make sure you have a clear diary of events – covering all that happened to you day-to-day.
Where appropriate take photos/videos – recording things like other guests evacuating the hotel or area and how close the fires were to your hotel.
If your health was affected visit your GP and ask for a written report of how you have been affected. It is also important to keep any receipts for any expenditure you incur as a consequence of the wildfires and your trip being cut short.
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