Updated in English on 6 April 2021
The corona situation raises many questions and concerns among consumers. The FCCA is closely monitoring the situation and is now answering to the current questions about travel and public transport received by Consumer Advisory Services.
Follow the company’s instructions. If the matter is not urgent, you should wait in peace. Many matters can be resolved afterwards.
f you need personal instructions, contact the Consumer Advisory Services. If you have reserved flights, travel packages, accommodation or tickets to events from companies whose place of business is not in Finland but in another EU country, Norway, Iceland or the United Kingdom, you will find information on the current situation from the point of view of consumer rights in English on the Commission’s website. Answers given by the European Consumer Centre to questions that are frequently asked during the coronavirus epidemic have been compiled on the website. You can also contact the European Consumer Centre’s office in Finland for more advice.
The European Commission has launched Re-open EU, a web platform to support a safe relaunch of travelling and tourism across Europe on 15th June 2020.
Travel abroad
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The Consumer Advice Services does not provide recommendations for travel. A Government decision has started restricting Finnish border traffic. The Ministry for Foreign Affairs recommends that the public avoid all but essential travel abroad and this applies to all countries.
As the epidemic situation may change rapidly, it is recommended for each passenger to check the restrictions on tourists in the destination countries. Please remember that destination countries may require recent arrivals to self-quarantine. Anyone returning from abroad must consider THL’s quarantine guidelines.
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Regarding the matter, the Ministry for Foreign Affairs has given general guidelines and answers travellers’ most common answers.
When stuck, the situation depends on whether your flight is cancelled or some other reason, such as quarantine or a ban on leaving the country or territory.
An air passenger always has certain minimum rights when a flight is cancelled if the flight departs from another EU country, Norway, Iceland or Switzerland. The same rules are applied to flights departing from airports outside the EU heading to an airport in the EU, if the airline in question is based in an EU country.
For example, if your return flight is cancelled, you can choose between having it refunded or rerouted. Rerouting can be very difficult under these circumstances, and you may have to arrange your return yourself. If your flight is cancelled, contact the airline.
Package travel
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The right to cost-free cancellation of the journey depends on the country of destination and its epidemic situation. If you have reasonable grounds to believe that you cannot complete your journey as planned or without endangering your health, you are entitled to cancel your journey free of charge. This assessment must be justified and based on facts (KRIL D/2198/35/2020).
When assessing the grounds for cancellation, the authorities’ stance on the matter is also taken into account. Current global recommendation on travel is to avoid any unnecessary travel. Leisure travel is currently not practically appropriate.
If it is not possible to arrange the journey due to the state of the epidemic situation in the destination country, the tour operator will cancel the journey, in which case you will always be entitled to a refund. Therefore, it is usually not necessary to cancel the journey on your own. It is also possible that you will not be able to cancel a journey you have booked after the beginning of the pandemic without a cancellation fee, if the state of the epidemic in the destination country has not deteriorated significantly since the time of booking.When booking a journey, it is advisable to check what kinds of change and cancellation policies are stated in the terms and conditions of the contract. Many tour operators have expanded their change and cancellation policies to favour passengers due to the pandemic.
Upon cancellation, the tour operator may offer you a voucher or gift card instead of a cash refund. You are free to accept such an offer, but you have the right to receive a refund if you wish.
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The tour operator must return the money within 14 days of the cancellation of the contract. Due to the exceptional nature of the situation, there may be delays in refunds.
The Consumer Ombudsman has investigated the situation with regard to key tour operators, and has addressed delays by the means available to it. Many consumers have had to wait to receive their refund for a considerable period of time, but most have already been reimbursed.
The means of the FCCA to speed up individual refunds are limited.
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As a rule, the price of a cancelled package must be refunded to the customer in cash.
On 13 May 2020, the EU Commission issued a recommendation regarding travel packages that are cancelled due to the coronavirus pandemic, stating that offering a voucher as an alternative to a refund is allowed. A condition for issuing a voucher is that the traveller accepts it voluntarily. Accepting a voucher is therefore not required, and one may not be presented as the only refund option.
The Commission’s recommendation also includes the minimum constraints for vouchers. Key constraints stated in the recommendation include:
- vouchers must be valid for at least 12 months
- the travel agency shall reimburse the sum of the voucher to the consumer no later than 14 days after the expiry date of the voucher if it has not been redeemed
- the consumer must also be entitled to demand a cash refund 12 months after the issuance of the voucher
- regardless of price difference, the consumer must have the opportunity to use their voucher for the same product as the original package as well as to transfer it to another consumer at no additional cost.
If you are offered voucher, review the terms, conditions and procedures thereof carefully if you intend to use it to book a new journey.
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If your trip is cancelled due to the pandemic and the tour operator declares bankruptcy before they can issue your refund, you can recover the money you have paid from the state on the basis of temporary legislation. You may receive your money back for the payments you have made to the tour operator or for the voucher you have accepted instead of a refund.
Applications for compensation must be sent to the FCCA, which can be paid once the tour operator has been declared bankrupt. You can apply for a refund if the travel package has been cancelled because of the coronavirus epidemic on or after 16 March 2020. You cannot apply for compensation twice. If you are entitled to compensation, for example, from the credit card company, you cannot apply to the FCCA for compensation.
If your booking is valid in the event of a bankruptcy (including journeys transferred due to the coronavirus), you may receive your money back from a security lodged with the FCCA by the company.
Flights
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If you are flying, but you are unable to board due to travel restrictions and recommendations, you should be able to reschedule your trip or receive a refund.
The consumer’s right to cancel or reschedule their flight is not written into legislation; instead, the refunds are assessed in the light of the general terms and conditions and ticket terms for the company in question, the practices adopted in these exceptional circumstances, and assessments of what is reasonable. Due to coronavirus, many airlines have introduced more flexible change and cancellation policies and have offered consumers the opportunity to reschedule their flights to a later date at no extra cost.
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If the airline cancels the flight you purchased, you have the right to choose whether to receive a refund or reschedule your flight. Instead of receiving a refund, you can choose to reschedule your flight to another time that is suitable for you, providing that there are seats available. These rights always apply if your flight was set to leave the EU or arrive from outside the EU provided that the flight would have been operated by an EU airline.
Currently, several airlines are offering vouchers or gift cards and various points systems as an alternative to refunds. If you wish, you can accept the voucher or the air points offered, but under the EU Air Passenger Rights Regulation you always have the right to receive a cash refund. Therefore, you do not have to accept the gift card offered or the air points based on the airline’s own scoring system. It may not be possible to demand a refund from the creditor if you choose the voucher and are then not able to use it later on.
If you, due to the extended coronavirus pandemic, have not been able to use the voucher, contact the airline for an extension of the validity of the voucher or for a refund of the ticket price.
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Gift cards or points may be a good option, depending on your situation and that of the airline. They may also include attractive additional benefits and offers. If you have paid for your original trip with a credit card, you should remember that in the event of airline bankruptcy you may lose your right to claim money back from the credit card company if you have changed the refund to a gift card or points.
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Unfortunately, there is currently no clear answer to this question. When turning to the airline that cancelled the flight, the airline is required to reimburse you at no additional cost. However, if you submit a claim to the agent, they may charge you a service fee for facilitating the refund. There is so far no resolution either by Finnish courts or the Court of Justice of the EU on how to decide such a matter. However, it is possible that agents may be allowed to charge such a fee may as long as the sum is reasonable.
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Travellers that only bought airfare have no special protection in the event of the airline’s bankruptcy. Your chances of being reimbursed are low, unless you paid for your flights with a credit card.
If you paid for your flight with credit, you can demand the money back from the credit card company that has joint responsibility for reimbursement.
Travel by boat
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If the boat trip is not due to begin in the near future, it is worth continuing to follow the development of the situation and the information provided by the company. The passenger’s position is generally clearer and more secure when the shipping company cancels the trip rather than the passenger cancelling it themselves. The consumer’s right to cancel a journey is not written into legislation; instead, the consumer’s rights are assessed in the light of the general terms and conditions and ticket terms for the company in question, the practices adopted in these exceptional circumstances, and assessments of what is reasonable. If the boat on which you reserved your trip is due to leave but then cannot because of travel restrictions and recommendations, you should be allowed to either reschedule your trip or receive a refund.
In order to determine your options for cancellation or change of date, you should familiarise yourself with the ticket’s terms and conditions and contact the shipping company from which you purchased the trip.
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If the shipping company cancels the trip that you purchased, you have the right to either receive a refund of the ticket price or postpone your trip to a later date.
Instead of a refund, the shipping company may, for example, offer a voucher or offer to reschedule the trip. If you wish, you may accept the voucher or the change of date, but under the EU Air Passenger Rights Regulation you always have the right to receive a cash refund of the ticket price. In other words, you do not have to accept a gift card or a rescheduled date unless it suits you to do so. If a ship voyage has been cancelled due to the coronavirus epidemic, any voucher you receive should meet the minimum constraints set out in the EU Commission Recommendation of 13 May 2020, including the minimum period of validity and the subsequent conversion of the voucher into cash. When considering to accept a voucher, review the terms and conditions of its use and features carefully.
Self-booked accommodation
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The option of cancelling a hotel you have booked yourself is only guaranteed if the hotel’s cancellation policy allows for this.
You can negotiate any refunds with your hotel. The assessment on what is reasonable regarding booking conditions may be influenced by whether the booking was made during or before the coronavirus pandemic. If the booking was made with awareness of the pandemic, a similar condition for a refund may not be in place as in cases where the booking was made before the beginning of the pandemic.
Travel in Finland
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The option of cancelling a booking you have made yourself is only guaranteed if the cancellation policy allows for this.
You can negotiate any refunds with the company in question. The assessment on what is reasonable regarding booking conditions may be influenced, in addition to official restrictions, by whether the booking was made during or before the coronavirus pandemic. If the booking was made with awareness of the pandemic, a similar condition for a refund may not be in place as in cases where the booking was made before the beginning of the pandemic.
Please note that cottage reservations in particular often involve agreements between private individuals, and such reservations are not subject to consumer protection provisions and principles.
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Under the package travel act and the general terms and conditions for travel packages, the right to cancel a trip free of charge depends on the travel destination and the epidemic situation in that local area. If you have reasonable grounds to believe that you cannot complete your journey as planned or that the journey would endanger your health, you are entitled to cancel your journey free of charge.
With regards to domestic tourism, this assessment is made more difficult by the fact that only a small part of the country would be subject to the planned restrictions on movement. If your trip is to an area subject to movement restrictions, you can cancel it free of charge. If, on the other hand, the travel destination is located outside of such areas, it may not be possible to cancel free of charge. However, if you live in an area subject to movement restrictions and are unable to travel due to these restrictions, charging for cancellation costs in accordance with normal cancellation conditions may incur unreasonable costs for you, so there may thus be grounds for cost mediation. An assessment of what is reasonable would pay attention to, among other things, the stage at which the travel reservation has been made and the available information upon which the booking was made.
This is a new situation for which there are no ready-made solutions. In many cases, questions of liability need to be assessed in retrospect.
When booking a journey, it is advisable to check what kinds of change and cancellation policies are stated in the terms and conditions of the contract. Many tour operators have expanded their change and cancellation policies because of the pandemic. Make sure to find out also in what situations you can receive compensation through your travel insurance.
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This is a new situation for which there are no ready-made solutions. If you are unable to travel to the cabin you have booked because of movement restrictions, you can negotiate with the company about either transferring the booking date or receiving a money refund. However, the consumer’s right to cancel a holiday cabin booking is not written into legislation; instead, situations are assessed in the light of the general terms and conditions of the company in question, the practices adopted in these exceptional circumstances, and assessments of what is reasonable. You may be able to receive at least part of your money back.
Assessments of what is reasonable regarding booking conditions may be influenced by both the official restrictions and also whether the booking was made during or before the coronavirus pandemic. If the booking was made with awareness of the pandemic, there may not be grounds for a refund as there would be in cases where the booking was made before the beginning of the pandemic.
If you have booked a cottage from a private individual, you can make agreement with the person in question about how to handle the matter, applying for example the principles above. The Consumer Advisory Services cannot intervene, however, in matters involving two private individuals.
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This is a new situation for which there are no ready-made solutions. If you are unable to travel to the hotel because of movement restrictions, you can negotiate with the company about either transferring the booking date or receiving a money refund. The situation is assessed in the light of the terms of agreement, the practices adopted in these exceptional circumstances, and assessments of what is reasonable. You may be able to receive at least part of your money back.
Assessments of what is reasonable regarding booking conditions may be influenced by both the official restrictions and also whether the booking was made during or before the coronavirus pandemic. If the booking was made with awareness of the pandemic, there may not be grounds for a refund as there would be in cases where the booking was made before the beginning of the pandemic.
Public transport
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If your train is cancelled, you have the right to either use the ticket later on the same route or, alternatively, get it refunded. Delays can result in a price reduction. This is not affected by the exceptional situation created by the coronavirus.
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Customer occupancy restrictions are based on official regulations. There is no general right to receive compensation for reduced seating. If your ticket would entitle you to travel on a certain shift at a certain time, and you are denied boarding due to the restrictions, you may be entitled to a refund. This applies both to long-distance and local traffic when travelling on a fixed-validity ticket. The same principles also apply to restrictions on movement.
Payment
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If you have the right to get your money back from a seller or service provider, you can request a refund from the bank that issued the credit card. The credit card company cannot require you to primarily contact a company that provided the service you have purchased. Instead, you can choose which party you will be requesting a refund from. However, especially in this exceptional situation, you should review any instructions and information on the schedule of refunds from the service provider’s website before submitting your claim to the credit card company.
If you have already received your money back from a seller or service provider, you cannot request a refund from the credit card company. In addition, credit card companies have no obligation to refund a larger sum than they have received from you in the form of payments.
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The situation is quite exceptional and has a major impact on both consumers and businesses. Consumer law confers certain rights on the consumer, but the exercise of these rights is at the discretion of each consumer. The coronavirus pandemic has had a significant impact on the solvency of companies, which may hinder their ability to render a full compensation.
In every case, mind that it will take a longer time to resolve issues. It is not possible to say with certainty in all cases what you are entitled to and what kind of compensation should be considered sufficient. It is worth trying to resolve matters in an amicable manner: in the current exceptional circumstances, a compromise may be a better option than a possibly lengthy dispute.
Many customer service lines are completely congested due to the coronavirus. Exceptional circumstances require a degree of restraint from consumers, and they should use other means of communication instead of the telephone.
If the matter is not urgent, the consumer should wait in peace. Many matters can be resolved afterwards.