The latest lockdown has brought further conflict between consumer body Which? and the Civil Aviation Authority.
The aviation regulator issued updated Covid-19 guidance for passengers due the latest lockdown restrictions in England.
The authority advised people no longer able to travel due to national restrictions on movement in the UK to contact their airline “in the first instance” to discuss available options.
“As travel will still be allowed for certain permitted reasons, it is likely that a refund will depend on the individual consumer’s circumstances, and the airline will likely consider this on a case-by-case basis,” the CAA said.
“If your flight is operating and you are unable to travel due to lockdown measures, you may still be entitled to a refund.
“The Competition and Markets Authority (CMA) has published its views on the law in relation to cancellations and refunds during the pandemic.
“The Civil Aviation Authority will continue to monitor the refund policies and performance of airlines during the coronavirus pandemic.”
The regulator, issuing information for passengers and holidaymakers, said: “The UK Civil Aviation Authority understands the acute impact that coronavirus is having on the industry, as well as those with upcoming travel plans.”
It outlined options for when flights are cancelled, details on compensation, revised advice on Refund Credit Notes and protections offered under the Package Travel Regulations.
The CAA outlined rules for cancelled flights under European EC261 regulation, which enables consumers to receive compensation for cancellations made within 14 days of the booking date.
But the authority said: “This regulation does not apply where the cancellation is an ‘extraordinary circumstance’, outside of your airline’s control.
“Where the government is advising against travel to a destination we consider that this would be viewed as an ‘extraordinary circumstance’ and compensation would not be payable.
“Cancellations related to coronavirus in other circumstances (e.g. where there is no advice against travel) would need to be considered on their merits and facts.
“However, decisions by authorities to close airspace, restrict airline operations or place restrictions on passengers are likely to be an extraordinary circumstance.
“Cancellations due to the economic and environmental consequences of operating flights with only a few passengers on-board may also be considered to be an extraordinary circumstance, for example where the imposition of quarantine requirements significantly impacts demand.”
Which? Travel editor Rory Boland said: “Lockdown restrictions mean millions of people are effectively banned from flying to protect public health, yet if airlines continue their flights as scheduled, passengers may have no right to get their money back.
“When major carriers have already said they will refuse to refund their passengers, it is not good enough for the aviation regulator to simply stand by and allow passengers to be left out of pocket through no fault of their own.
“Without clearly setting out any expectations of when airlines should refund, carriers will feel free to act without consequence, as many have done throughout the pandemic.
“Coronavirus has shown that some airlines feel empowered to break the rules, while the CAA is unable to issue fines or swiftly enforce the law.
“The government must urgently review this as part of its aviation recovery plan, to ensure passengers have an aviation regulator that they can rely on to stand up for their rights.”