Question: In January, I booked a trek to Everest Base Camp, due to depart next week. I bought it through a local operator in Kathmandu, and organised the flights separately. The agent/airline has refunded most of the flight, keeping £200 (about R3 600) of the fare. But the operator says the trek is going ahead, and has refused a refund - only the chance to postpone the trip. What are my options?
Name withheld
Answer: The catastrophic earthquake in Nepal has taken thousands of lives, and has left the survivors in a precarious position. Many of them depend upon tourism, but the industry has been temporarily wrecked. And even if you opted to go ahead with your plans, your travel insurance would not be valid, as the Foreign Office advises “against all but essential travel” - the trigger for insurers to withdraw cover. It is also the signal for tour operators to cancel forthcoming trips, and to refund customers. But that obligation does not apply when the flight and ground arrangements are bought separately - the position you are in.
Regarding the air ticket: you are fortunate to recoup most of the fare. Since flights are operating, the airline has the right to say “normal cancellation conditions apply” - bluntly, the plane is going to Kathmandu, and the fact you no longer want to travel is not the carrier's problem. But given the extreme circumstances, the airline could have instituted a policy of offering refunds or postponements without a fee. In your position I would ask the airline/agent what they intend to do with the £200 of your cash that they have, and suggest that they donate it to the relief fund.
Now, the trek: if the trip is going ahead (and it would be difficult to prove otherwise) the operator has the right to hold on to your cash. So I recommend that you accept the option to postpone. Nepal will need all the tourists it can get over the next few years, and you are certain to receive a warm welcome.
The Independent