Package holiday cancellation on FCDO warning

Legal position:
Under the Package Travel and Linked Travel Arrangements Regulations 2018, which apply in England and Wales, you have the right to cancel a package holiday without paying a termination fee if unavoidable and extraordinary circumstances at the destination, or in its immediate vicinity, significantly affect the performance of the package or the carriage of passengers to the destination. A Foreign, Commonwealth & Development Office (FCDO) warning against travel often qualifies as such a circumstance, particularly if it advises against all travel or all but essential travel to the area. This entitles you to a full refund of any payments made, typically within 14 days, without liability for additional costs on your part.

However, this right depends on the specifics: the FCDO advice must be in place at the time of cancellation and must directly impact your holiday. If the operator can prove that the holiday can still proceed safely despite the warning, they might contest the cancellation, though this is rare in practice. Note that these regulations apply only to true package holidays (combining at least two elements like flights and accommodation booked together through one organiser). If your booking is not a package, different rules may apply, such as under general contract law or the Consumer Rights Act 2015.

Practical considerations:
Before cancelling, review your booking contract and any terms provided by the tour operator or agent, as they may reference FCDO advice explicitly. Also, check your travel insurance policy, as it might cover cancellation costs if the regulations do not fully apply, though many policies exclude claims where FCDO advice was already in place at booking.

If you decide to proceed with cancellation, the most sensible approach is often to attempt informal resolution first, rather than jumping to formal action, to avoid unnecessary stress or costs.

Next steps:
1. Confirm the current FCDO advice for your destination via their official website (gov.uk/foreign-travel-advice) and note the date it was issued or updated.
2. Contact your tour operator in writing (email or letter) as soon as possible, quoting the relevant FCDO advice and Regulation 12 of the 2018 Regulations, and request a full refund without penalty.
3. If they refuse or delay, gather evidence such as screenshots of the FCDO page and your booking confirmation.
4. Escalate to any applicable alternative dispute resolution scheme, such as through ABTA (if the operator is a member) or the arbitration service they offer, which is often quicker and cheaper than court.
5. As a last resort, if the amount is under £10,000, consider a claim in the County Court via the small claims track, but weigh the time and potential costs involved.

This advice assumes your booking is governed by the law of England and Wales; if not, or if key details like dates or the exact nature of the FCDO warning are missing, the position could differ. If your query relates to another jurisdiction, I recommend consulting our worldwide service, Atlas, for tailored advice.