Coronavirus: Consumers’ rights in case of package holiday or flight cancellations

Thursday, 27 February 2020, 16:34 Last update: about 5 years ago

In view of the recent situation regarding the outbreak of the coronavirus that has spread to various countries, the Malta Competition and Consumer Affairs Authority (MCCAA) would like to inform consumers about their rights in situations where their travel arrangements are significantly affected by precautionary measures taken to prevent further spread of the virus.

Package Holidays

If consumers have booked a package holiday and in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity, the package holiday’s performance is significantly affected, such as for example a holiday purchased to go and see a sporting event that is cancelled (or ordered to be played behind closed doors), such holiday would be regarded as ‘significantly changed’. When this happens, the Package Travel and Linked Travel Arrangements Regulations give consumers the right to terminate the package travel contract without paying any termination fee and request a full refund from the tour operator.

In such instances, consumers are entitled to a full refund within 14 days, regardless of any terms and conditions agreed to in the sales contract that prohibit such refunds. Consumers are however not entitled to claim additional compensation.

If the organiser terminates the package travel contract due to unavoidable and extraordinary circumstances and notifies the consumer before the start of the package, the consumer is also entitled to a full refund but no additional compensation.

Consumers, who decide to cancel package holidays which can be performed in full without any reduction of significant parts of the original holiday programme, are not entitled to claim full refund. In such situations, consumers may be required to pay an appropriate and justifiable termination fee to the organiser.

Cancelled flights

Consumers’ current rights in respect of cancelled flights also apply in cases were flights are cancelled due to extraordinary circumstances such as travel bans, however, in such instances effected passengers can only claim a refund or re-routing but not compensation.

Consumers may seek further information and assistance about their rights by contacting the MCCAA on [email protected] or by calling on freephone 8007 4400.