Refund for cancelled flights:

Due to the Covid-19 pandemic, the majority of flights travelling out of Ireland have been cancelled.

Regulation EC 261/2004 provides that when a flight is cancelled passengers are entitled to seek a refund of the price paid for the ticket. Some major airlines are however offering vouchers to affected passengers. Airlines are entitled to offer vouchers, but passengers are under no obligation to accept a voucher over a refund.

The Regulation requires an airline to pay a refund within 7 days from when the refund option is chosen.  Due to the massive demand on airlines, significant refund delays have been reported.

If a passenger has opted for but does not receive a refund, the passenger can submit a complaint directly to the airline.

Package Holiday:

A package holiday is a pre-arranged holiday or trip that is sold at an inclusive price, in one transaction, which must last more than 24 hours or include an overnight stay. It must also include at least two of the following:

Transport;

Accommodation;

Car or other vehicle hire; and

A tourist service or activity.

Package holiday legislation allows you to cancel in the event of extraordinary circumstances occurring at your destination and you are entitled to a full refund.

If (due to COVID-19) you wish to cancel your package holiday and it is due to start before 29 May 2020:

You have the right to cancel it and get a full refund of all payments that you made for the package.  You should not be charged a fee for this.

If (due to COVID-19) you wish to cancel your package holiday and it is due to start after 29 May 2020:

• You can cancel the package at any time before the start of that package, but
• may be required to pay an appropriate termination fee.

You should keep up to date on the latest COVID-19 information and communications from providers and check the latest general or special conditions of carriage.

Weddings

If your wedding has been suspended/cancelled due to the current COVID-19 pandemic and you have paid deposits for your big day, the first thing you should do is contact the venue directly and agree an alternative arrangement.   Review your contract with the venue and suppliers to see if the contract contains a clause that excuses you from your obligations when some unforeseen event prevents or delays performance (“Force Majeure Clause”).

If the deposit is non-refundable, you should discuss other options with the venue to see if they can accommodate an alternative arrangement, for example; an alternative date.

Given the exceptional circumstances, it’s likely that most venues and suppliers are dealing with several other couples who have been affected by the COVID-19 situation and will try to accommodate you.

If rearrangements are made and deposits or payments are discussed over the phone, it is recommended to follow up with an e-mail asking the venue/business to confirm the new arrangement in writing.

Concert tickets

We recommend that you check the terms and conditions of the ticket seller. Such terms and conditions are usually provided on the event website where the specific terms and conditions around re-scheduling or cancellations or both.

If you are entitled to a refund you should also check how much of a refund are you entitled to, for example the face value of the ticket only excluding any additional fees you paid, or a full refund including any fees you incurred. Also check the ticket seller’s website for procedures for handling refunds – for example, investigate whether:

• Your refund request has to be received within a certain number of days
• You have to return the tickets to the point of purchase in a particular way
• Ticket holders themselves are responsible for finding out about the new date and time if the event is being rescheduled

If you think the ticket seller is not acting within the terms and conditions of the contract you can make a complaint to them. Following this process if your issue is not resolved, Sellors LLP would be happy to discuss your legal options.

If have been affected by any of the issues discussed above contact David Whelan at [email protected] or Eanna Bane at [email protected]