Was the Beast from the East an ‘act of God’?

QWE BOOKED a four-day three-night coach/hotel package to Scotland with Elfyn Thomas Holidays. Despite travel warnings – The Beast from the East – the operator insisted, the night before, he was still going. But under two hours before departure, he rang saying the coach was stuck in a snowdrift so everything was cancelled. He now says we have lost all our money as this was an act of God and he had paid hotel and transport costs beforehand. Is this correct? Rhiannon H

ATHE short answer is “no”. The phrase “act of God” is rarely used now but it would apply to something completely impossible to foresee – a tsunami in Manchester, not snow in Wales in early March.

Despite the short notice, cancellation saved you from bad conditions on the road and slippery pavements. You were happy to accept another date for your trip.

The legal position, according to Which?, is that you can either choose another time for the same package trip at the same cost (or a part refund if the new journey is cheaper but you can’t be charged if there is only an upgrade available) – alternatively, you can have your money back – £280 each here. It does not matter why the trip was cancelled. You are covered by the Package Travel Regulations.

When you asked for either a new date or your money back, Elvyn Thomas, who owns the tour operation, first said it was an “act of God” and hence covered by his terms and conditions. You protested so he then offered each of you four £70 vouchers.

But, the vouchers could not be used together, only one by one. You would have to pay for four holidays, less £70 each time. This was obviously unacceptable.

However, you paid with your M&S credit card. Which? suggested you claim under section 75 of the Consumer Credit Act because the holiday was never delivered. You should get your money back soon, leaving the card company to get its cash back from the operator.

Travel company owner Elfyn Thomas says: “We didn’t have to do anything. Our terms and conditions make weather cancellations clear. We have offered vouchers without time limits as a goodwill gesture. We have made a loss on this.”