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The transition period for exiting the European Union ended on January 1, and with it has come changes to consumer rights.
Consumer rights are unaffected if buying things from companies based in the UK.
People may have to deal with the court system in the country you bought from to get any compensation.
According to the consumer organisation Which? even though many of the rights of the consumer are based on EU directives, most have been incorporated into UK law.
According to the UK government people may be charged more for using credit or debit cards to pay for things in euros when you buy from companies in the EU, Iceland, Liechtenstein or Norway. Payments may also take longer.
Which? says that when shopping online, read the terms and conditions to see what governing law applies, as people won’t be protected in the same way as if you bought from a UK retailer. If you’re buying from a marketplace, be aware that sellers can be from all over the world.
Any item bought online from the EU and sent to the UK may incur VAT charges and handling fees, depending on its value, and whether it is a gift or commercial goods, according to Royal Mail.
Parcels might be held in post offices until all duties and fees have been paid.
Royal Mail says: “For items under £135 (with the exception of gifts), VAT will be collected directly when buying the goods online. For goods with a value over £135 (and gifts over £39), Royal Mail may collect the VAT and customs duties from the customer prior to delivery. These charges are applied on behalf of HM Revenue & Customs.”
Any parcels containing goods or gifts sent from England, Scotland or Wales to the EU should have a customs declaration form attached to it.
The customs label will come into effect on January 1, The type of customs form needing to be completed depends on the contents and value of the parcel. There is a requirement to write a name, surname and address, a clear description of the contents and whether it is a gift, sold or returned goods, among other things.
What are the new rules for package holidays?
The UK government says that if buying package holidays from EU businesses you’ll be covered if the company goes bust, as long as the business operates in or actively sells to people in the UK.
If they’re not established in the UK or do not obviously direct their business at UK customers, check the terms and conditions to make sure you know what will happen if the company goes bust. Check with the company if you’re not sure where they’re based.
What about train travel?
Which? says rights as a rail passenger on domestic rail services (and the UK section of Eurostar or other cross-border services) will continue to be protected by current UK law which incorporates EU regulation on rail passengers’ rights, for now.
“When travelling in the EU, you will be protected by EU law on rail passengers’ rights as before,” it said.
What if there are problems with my flights?
There had been concerns that the EU flight compensation rights – which enabled passengers to claim up to €250 (£225) to €600 on delayed or cancelled flights – would be lost after Brexit. While the rules are now enshrined in UK law, as they are no longer protected by the EU, the UK government could in future make changes to the levels of compensation.
Which? says that in the event of a qualifying delay or cancellation to a flight, people will be eligible for re-routing or a refund if departing from a UK or EU airport, or from a non-UK/EU airport and flying into an UK/EU airport on a ‘community carrier’ (an airline with its headquarters and main place of business within the UK or EU).
If travelling with a non-EU based airline flying from a non-EU destination, the airline does not have the same duties. The UK government has replicated these rules to continue to provide equivalent protection in respect of UK carriers and flights from UK airports.
Airlines might try to claim that they are not liable for flight delays or cancellations that relate to “extraordinary circumstances” because of the UK’s exit from the EU but they should not succeed unless they have taken all reasonable measures to deal with such circumstances, if possible.
Do I need a new driving licence?
An international driving permit (IDP) is not needed to drive in the EU, but GB plates must be displayed when driving in the EU.
What about my car insurance?
According to Which? if taking a vehicle from the UK to drive in the EU – that includes the Republic of Ireland – from January 1 onwards a Green Card is required and must it must be carried in vehicles.
“A Green Card is an international certificate of insurance which proves that your UK motor insurance policy provides you with the minimum compulsory insurance cover required by the law of the country you are visiting,” Which? said.
“Insurers will issue a Green Card at no extra cost but you must contact them in advance, and you should also check that your policy covers driving in the EU.”
What if I have an motoring accident while I am in the EU?
Which? says a UK resident involved in a road traffic accident in an EU country from January 1 should not expect to be able to make a claim in respect of that accident via a UK-based claims representative or the UK Motor Insurers’ Bureau (MIB).
Instead, claim needs to be brought against either the driver or the insurer of the vehicle in the EU country where the accident happened.
This is likely to involve obtaining specialist legal advice and bringing the claim in the local language. In the event of an accident in an EU country caused by an uninsured or an untraced driver, UK residents may not be entitled to receive compensation.
Which? warns that the law will vary from country to country.
Will my European health insurance card (Ehic) work?
The EHIC currently entitles people to state-provided medical treatment if they fall ill or have an accident in any EU country, or in Switzerland, Norway, Iceland and Liechtenstein, where the scheme also applies.
There are current 27m EHIC card holders in the UK.
They cover pre-existing medical conditions and routine maternity care, as well as emergency care. Individuals with chronic illnesses, for example those who require dialysis, can travel knowing they will receive treatment on the same terms as the citizens of the country they are visiting.
While access to this scheme is being phased out for the UK but the government says it is setting up a replacement.
The UK government says that all EHIC cards issued before the end of 2020 will be valid until their expiry date.
After that, the UK will issue a new card. The UK government says the new card will be called the UK Global Health Insurance Card (GHIC), but there are no further details yet on how to obtain it.
Like EHIC, the new card will cover chronic or existing illnesses and routine maternity care as well as emergencies.
The Brexit agreement says any specialised treatment, such as dialysis or cancer treatment, “must be subject to a prior agreement between the insured person and the unit providing the treatment” to ensure the treatment is available.
What about travel insurance?
It is not a legal requirement that a traveller buys insurance when visiting the EU, but for the vast majority of people it would be daft not to, with scores of annual multitrip policies costing less than £50 a year available for travel to Europe for next year.
The government’s advice, however, even for EHIC card holders is travel insurance with healthcare cover should be purchases before you go on holiday.
Will it cost more to use my mobile phone?
The roaming right to use your UK phone allowance while in Europe has ended, and that means there is nothing to stop the phone companies re-introducing roaming charges.
The major four main providers – EE, 02, Vodafone and Three – have said they have no plans to do so. As part of the “deal”, the UK and EU have agreed to cooperate on “fair and transparent” rates for mobile roaming.
The government’s guidance says: “Check with your phone operator to find out about any roaming charges you might get from 1 January 2021.”
It has already passed legislation that will provide some safeguards for consumers:
*A £45-a-month limit on the amount that customers could be charged for using mobile data abroad before having to opt into further use
*Requirements for customers to be informed when they have reached 80% and 100% of their data allowance
* Operators would have to take “reasonable steps” to avoid customers being charged for accidental roaming in Northern Ireland, which would happen if a phone in Northern Ireland locked onto the mobile signal coming from the Republic of Ireland.
