Email from Virgin Holidays - what are our options?

[kev007]

Hi all

We had booked to go for a ten day holiday at the CBR at Disney in early October 2020; we have one more payment to make in early July.

We have received this email from VH today -

As we restart our holidays from 20th July, your holiday is planned to go ahead and we have some important information about your trip. Walt Disney World Resort have made some changes, and it’s important you’re fully updated on what these are ahead of your holiday. To make sure you have your tickets ready we need you to confirm your holiday plans by Monday 8th June.
Here’s a summary of what to expect, and you can also check the Walt Disney World Resort website for more information.


Returning to the magic

Based on guidance from health authorities and appropriate government agencies, there are new measures designed to promote cleanliness, physical distancing and reduced contact while visiting Walt Disney World Resort.


The main parks will be open by 15th July, with Typhoon Lagoon and Blizzard Beach remaining closed until further notice.
To enter a park, both a park reservation and valid admission for the same park on the same date is required in advance of travel through My Disney Experience.
Face coverings are required for all Guests (ages 2 and up) and Cast Members; temperature screenings are required in some locations.
Some experiences such as parades, character meet and greets and firework events may be modified or unavailable to allow for physical distancing and limited contact.
Helpful technology and My Disney Experience will help you make the most of the magic.
Disney Dining plans have been removed, any plans purchased in addition to your package will be refunded.
FastPass+ reservations and Extra Magic Hours have been suspended to support social distancing measures.

A new park reservation system

When the parks reopen, park attendance will be managed through a new park reservation system.


To enter a park, both a park reservation and valid admission for the same park on the same date is required.
Reservations need to be made via My Disney Experience in the coming weeks. You can request one park a day. As customers won’t need to hop between parks, the hopper service is currently suspended.
This reservation applies for all confirmed tickets through 2020, so reserve your parks as early as possible to help plan your itinerary. We’ll let you know when reservations are open.

Your options to enjoy the magic now or next year

Whether you want to amend your holiday or continue as planned, you can let us know by completing either of the forms below. Our team will then be able to help finalise your holiday plans.

Enjoy the magic
If you want to enjoy Walt Disney World Resort as planned, with these measures in place, just let us know by completing the form here by Monday 8th June so we can activate your tickets for you to reserve your park entry.

Move your holiday to next year
You can amend your holiday for free up until 31st December 2021, by completing the amendment form here by Monday 8th June.

If choosing to amend your holiday, one of our team will call you back, but it may take longer than expected for us to get in touch. If you have previously completed an amendment form, we kindly ask you to complete this one too, so we can prioritise your Walt Disney World Resort trip.

If you go ahead as planned and change your mind, you need to do this before 21 days of your planned travel date and you could incur additional charges under our standard terms and conditions.

We look forward to receiving your form to let us know what you’d like to do. Whatever you decide, we’ll be here to help, and can’t wait to give you the magical holiday you deserve one day soon.

Siobhan Fitzpatrick
Senior Vice President | Virgin Holidays & Digital



Due to all the uncertainty, we do not want to now go this October as although we completely understand the need for potentially wearing masks, no parades, fireworks etc, likely to be a reduced number of dining options (we are on the DDP)etc, this is not the holiday we booked.

We don't believe going in 2021 is also an option - not only will it be extremely busy but we have other financial commitments that will have to take precedence and we are also not sure that we will be able to get the same time off work.

Are we able to request a full refund after we make the final payment?

Any advice would be very much appreciated!

Thank you.

Kev

[DisneyMadAng]

I have no idea but will be following to see if anyone comes along who does know.

We're due to stay at CBR in September with free quick service.

I want the trip cancelling instead of re-booking. My husband's recently been diagnosed with prostate cancer so we're waiting for him to either have an op or radiotherapy. No idea how long that will be now in this Covid world.

I'm assuming we could claim from our insurance.

Our children are booked to come with us but on their own bookings so I guess they wouldn't be able to claim on insurance and will have to re-book. They don't want to go without us. It's supposed to be a family trip with them and our grandchildren 😔

I don't really want to be dealing with it all. Don't like being a grown up sometimes.

[Guest]

I would have thought that the only way to get a full refund would be to pay the balance and hope the flight/holiday is cancelled otherwise it’s you choosing not to go?

[Weddingnyc]

Looking at the terms and conditions on the virgin webpage, you should be able to have a complete refund, with no penalties, if the holiday is majorly changed. So why haven’t we been able to have cancellations before the holiday company cancels the flights?

We want to go but we are unsure if we return the form if we sign away any rights of cancellation or refund because we understand the changes being made and accept them.

[YorkshireT]

Alteration of other package travel contract terms
11.—(1) The provisions of this regulation are implied as a term in every package travel contract.

(2) The organiser must not unilaterally change the terms of a package travel contract before the start of the package, other than the price in accordance with regulation 10, unless—

(a)the contract allows the organiser to make such changes;
(b)the change is insignificant; and
(c)the organiser informs the traveller of the change in a clear, comprehensible and prominent manner on a durable medium.
(3) Paragraphs (4) to (11) apply where, before the start of the package, the organiser—

(a)is constrained by circumstances beyond the control of the organiser to alter significantly any of the main characteristics of the travel services specified in paragraphs 1 to 10 of Schedule 1;
(b)cannot fulfil the special requirements specified in paragraph 1 of Schedule 5; or
(c)proposes to increase the price of the package by more than 8% in accordance with regulation 10(4).
(4) The organiser must, without undue delay, inform the traveller in a clear, comprehensible and prominent manner on a durable medium, of—

(a)the proposed changes referred to in paragraph (3) and, where appropriate, in accordance with paragraph (7), their impact on the price of the package;
(b)a reasonable period within which the traveller must inform the organiser of the decision pursuant to paragraph (5);
(c)the consequences of the traveller’s failure to respond within the period referred to in sub-paragraph (b); and
(d)any substitute package, of an equivalent or higher quality, if possible, offered to the traveller and its price.
(5) The traveller may, within a reasonable period specified by the organiser—

(a)accept the proposed changes; or
(b)terminate the contract without paying a termination fee.
(6) Where the traveller terminates the contract pursuant to paragraph (5)(b), the traveller may accept a substitute package, where this is offered by the organiser.

(7) Where—

(a)the changes to the package travel contract referred to in paragraph (3), or
(b)the substitute package referred to in paragraph (6),
result in a package of lower quality or cost, the traveller is entitled to an appropriate price reduction.

(8) Where—

(a)the traveller terminates the contract pursuant to paragraph (5)(b), and
(b)the traveller does not accept a substitute package,
the organiser must refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated.

(9) Where paragraph (8) applies, regulation 16(2) to (10) applies.

(10) Where the traveller does not confirm, within the period specified in paragraph (5), whether the traveller wishes to—

(a)accept the proposed change, or
(b)terminate the contract,
in accordance with that paragraph, the organiser must notify the traveller, a second time, of the matters in sub-paragraphs (a) to (d) of paragraph (4).

(11) If, having been notified under paragraph (10), the traveller fails to respond, the organiser may terminate the contract and refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated.

SCHEDULE 1
Information to be provided to the traveller, where applicable, before the conclusion of the package travel contract
1. The main characteristics of the travel services specified in paragraphs 2 to 10.

2. The travel destination, the itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included.

3. The means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and places of intermediate stops and transport connections.

4. Where the exact time of departure and return is not yet determined, the organiser and, where applicable, the retailer, must inform the traveller of the approximate time of departure and return.

5. The location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination.

6. The meals which are included in the package.

7. The visits, excursions or other services included in the total price agreed for the package.

8. Where it is not apparent from the context, whether any of the travel services are to be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group.

9. Where the traveller’s benefit from other tourist services depends on effective oral communication, the language in which those services are to be carried out.

10. Whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller’s request, the precise information on the suitability of the trip or holiday taking into account the traveller’s needs.

11. The trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their telephone number and, where applicable, e-mail address.

12. The total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear.

13. The arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller.

14. The minimum number of persons required for the package to take place and the time-limit, referred to in regulation 13(2)(a), before the start of the package for the possible termination of the contract if that number is not reached.

15. General information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination.

16. Information that the traveller may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee, or, where applicable, the standardised termination fees requested by the organiser, in accordance with regulation 12(1) to (6).

17. Information on optional or compulsory insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.

[YorkshireT]

PART 2
Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
[The organiser or the retailer must provide a hyperlink to the information below.]

Travellers will receive all essential information about the package before concluding the package travel contract.

There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.

Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package

Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.

The organiser has to provide assistance if the traveller is in difficulty.

If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of XY’s insolvency.

[YorkshireT]

"Your Options" missed off one key element ( if you had a free dining plan which is now cancelled):

'Should you wish to cancel, you can of course request a full refund as we are obligated to give you, within 14 days".

It is arguable as to whether just the park access, lack of parades etc would constitute a significant enough change to warrant the refund (and will depend on how it was sold in terms of advertising by VH), but removal of dining plan does.

[florida girl]

Personally I would contact them and ask your options. There are a good many changes to what you initially booked.

If the holiday goes ahead and you pay the full amount I think they would expect you to go.

[MarkJ]

For info there's a similar thread already running :-

https://www.thedibb.co.uk/forums/sho... php?t=1173055

[sjmdisney]

Originally Posted by Weddingnyc

Looking at the terms and conditions on the virgin webpage, you should be able to have a complete refund, with no penalties, if the holiday is majorly changed. So why haven’t we been able to have cancellations before the holiday company cancels the flights?

We want to go but we are unsure if we return the form if we sign away any rights of cancellation or refund because we understand the changes being made and accept them.

See more...

This is exactly what we are thinking - we have submitted the change form but want to know what would be offered if we do go this October. As we are unable to speak to anyone about this I don’t want to sign the acceptance form that we shall go as dont know if this shall sign our commitment to travel as they have to let Disney know by June 10th of availability and who will be travelling - as the form from Virgin has to be in by June 8th this I think puts us at a disadvantage rather than awaiting what will be offered to UK travellers by Disney