What are my travel rights if I am due to go to wildfire-hit France and Spain?

ITV News Consumer Editor Chris Choi explains what to do when a dream destination becomes a disaster zone

Wildfires across France and Spain have forced hundreds of thousands of people to flee advancing flames, including tourists.

Among the areas affected are holiday destinations popular with British visitors, including the Cap Ferret peninsula near Bordeaux.

Last week, a large part of the region was evacuated, with some tourists needing to be rescued by boat as an “intense and highly unpredictable” wildfire tore through the area.

Large wildfires have also been burning near the Spanish capital, Madrid, prompting the evacuation of more than 100,000 people.

With the peak summer holiday season about to begin, some officials are urging people to avoid travelling to affected areas.

The danger to many is all too real. Earlier this month, several Brits were among 13 people who died in a wildfire in southern Spain.

Here’s what you need to know if wildfires could put your holiday at risk.

Is it safe to travel to the affected area?

The UK Foreign, Commonwealth & Development Office (FCDO) has issued travel alerts for both France and Spain due to the wildfires.

For Spain, the FCDO has highlighted the wildfires around Madrid and Avila, urging any Britons in the area to follow local authorities’ advice. The Madrid local government is also advising against travel to the affected areas.

The FCDO also has a warning out for the wildfires in Gironde and a general warning for the whole country. It has urged anyone who is planning a holiday in the region to check with their holiday provider before travelling.

They also said: “French authorities have evacuated campsites, tourist accommodation and some residential areas.

“Access to affected areas may be restricted and roads may close at short notice. Further evacuations may take place.”

Sophie Brocas, the prefect of the Gironde department, said: “I urge tourists not to come.”

Gironde authorities have banned holiday camps for children and for people with disabilities.

Anita Mendiratta, special advisor to the United Nations on tourism and aviation, told ITV News: “What is really important is staying very close to the government offices, and also where you are going to be staying and with whom you’re going to be flying with because if you cancel voluntarily, the chance of you getting zero refund is very high.

“If, however, the airlines or the accommodation require that you need to cancel, then there is an opportunity.”

But she added: “Most importantly, put safety before compensation.”

Approximately 325,000 people have been evacuated across France and Spain due to wildfires. / Credit: AP

How can travellers check the latest wildfire situation?

The French government has a website that tracks active wildfires in France at www.feuxdeforet.fr.

Spain does not have a similar website, but globally, wildfires can be tracked on CurrentWildfires, which has a specific page tracking blazes in Spain at www.currentwildfires.com/en/wildfires-spain.

The FCDO also regularly updates its travel advice regarding the wildfires.

What are your rights if your flight or ferry is cancelled due to wildfires?

Under UK law, those affected by flight delays or cancellations have legal rights which oblige airlines to provide support to customers flying from a UK airport, arriving in the country on a European Union (EU) or UK airline, or arriving at an EU airport on a UK airline.

Ferry services have so far not been impacted by the wildfires. / Credit: PA

If your flight is covered under UK law, your airline must give you the option of choosing another flight or providing a full refund. You can get money back on any part of the ticket not used.

Airlines are required to pay compensation if flights arrive more than three hours late, but only when it is deemed to be within their control.

However, wildfires are generally treated as an “extraordinary circumstance” or natural disaster, in terms of legislation and are therefore not considered within an airline’s control, so don’t expect compensation.

Despite the fires taking place near several major airports as of Monday, no flights have been cancelled as a result of the recent wildfires in Spain and France.

For ferries, the rules are slightly different, but the same concepts apply to delays or cancellations, with the operator obliged to offer you an alternative route or refund.Can you cancel a package holiday if wildfires threaten your destination?

The Package Travel and Linked Travel Arrangements Regulations say you should be given a full refund on a holiday if there are “unavoidable and extraordinary circumstances“.

The fires will need to be a direct threat to your accommodation to trigger the regulations; fires being vaguely nearby will not be sufficient.

Wildfires have scorched 42,000 hectares of land outside Bordeaux, France. / Credit: AP

If the FCDO ever issues advice advising against travel to the region, that will usually be enough to qualify for a full refund.

What if you’ve booked flights and accommodation separately?

This will be trickier, because the hotel may still be open and operating, even if your flights are cancelled.

The rules for flights will still apply, and you will be able to claim back the cost of the tickets.

But if you decide to get a refund and not seek alternative travel because of the danger, this does not mean you’re guaranteed a refund from your accommodation.

A hotel may stay open despite the wildfires and say that it is safe where they are, and if so, they’re not obliged to refund you if you’ve personally decided it is not safe.

Travel insurance may be able to help, but you must ensure your travel insurance policy covers natural disasters or specifically wildfires.