Can I cancel my vacation as I’m afraid of riots? Dean Dunham replies

I have a hotel booked in Plymouth this weekend but I now want to cancel due to the riots. Do I have the right to cancel and get my money back?

F.L., By email.

Devon and Cornwall Police said six arrests were made following riots in Plymouth on Monday

Dean Dunham replies: Your first port of call is to check the hotel’s terms and conditions to see what it says about cancellations.

If the hotel has a policy that allows for cancellations in cases of emergencies or unsafe conditions, such as riots or natural disasters, you will potentially be entitled to a refund under the policy, but it will depend on the actual wording of the policy and the likeliness of the riots affecting Plymouth where the hotel is located. It will also depend on whether the riots are likely to still be an issue at the weekend.

If the hotel’s cancellation policy does not assist, you will need to turn to the law. The Consumer Rights Act says that where a service is provided (such as the use of a hotel room), it must be provided with ‘reasonable care and skill’.

This has a fairly wide definition and will include the hotel having regard for your safety. You could therefore argue that as it is likely that there will still be rioting/unrest on the streets of Plymouth, the hotel will not be able to guarantee you will be safe entering or exiting – or indeed staying – there and on this basis you are entitled to cancel and receive a refund.

If the hotel rejects your refund request, you could make a chargeback claim if you paid via debit or credit card within the past 120 days; or a section 75 claim if you paid with credit card and it cost more than £100. If you make one of these claims you will need to cite the Consumer Rights Act argument above to the bank or card provider and say the hotel is in ‘breach of contract’.

I was fleeced by fraudsters pretending to be fraudbusters 

My account has been fleeced after I was conned into giving fraudsters, who posed as officials from the National Crime Agency, my bank details. The bank says it cannot help as I should have known the call was not genuine due to public warnings about this scam.

W.D., By email.

Dean Dunham replies: Many of the banks and various other financial institutions are signed up to a voluntary code called the Contingent Reimbursement Model Code, know as the ‘CRM Code’ in short.

It sounds like your bank is one of the subscribers, in which case it has an obligation to reimburse the money you have lost, unless one of the prescribed exceptions under the CRM Code applies.

The three most common exceptions cited by the banks are: 1. The customer ignored effective warnings (these are the scam warnings distributed by your bank or any other public warnings); 2. The customer did not take appropriate actions following a clear negative confirmation of payee result (this is where your bank tells you that the payee details do not match the bank details when you make a transfer of funds); and 3. The customer made the payment without a reasonable basis for believing the payee was the person the customer was expecting to pay; the payment was for genuine goods or services; and/or the person or business with whom they transacted was legitimate.

It appears to me that your bank is relying on the first reason and in these circumstances my advice is to go back to the bank and deny that you knew or ought to have known about the scam and ask it to prove that ‘effective warnings’ were in place.

From October 7, strict new rules will require banks to refund all scam victims who have been tricked into sending over their money

If you bank is unable to do this (or refuses) your next step will be to make a complaint to the Financial Ombudsman Service. Make sure you send a copy of the correspondence you’ve had with the bank and highlight to the ombudsman that the bank was unable to come up with any evidence that effective warnings were given about the scam you fell victim to.

In my experience, when these steps are taken consumers often either get a payout from the bank or get a successful outcome with the ombudsman.

From October 7, strict new rules will require banks to refund all scam victims who have been tricked into sending over their money within a week of the incident being reported, unless the customer has acted with gross negligence.

 Do you have a question for Dean? Write to Money Mail, 9 Derry Street, London, W8 5HY or email d.dunham@ dailymail.co.uk. 

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