Do we have a claim against tour company or Insurance?

gunslingerOK

Do we have a claim against tour company or Insurance?

Does anyone have any views on this situation?

A recent holiday had been a pleasure until we arrived at the airport to check-in on our way home. We were informed there was no mention of us on the list of passengers. Somewhere in the commumication between the tour company and airline we, and three other passengers, had dropped off.

The plane was full, So all our tour operator could do was put us on the next flight 24 hours later. In the meantime they put us up in a hotel with refreshments.

My question is can we receive any payment for the hassle of returning a day late from our holiday? We did not incur any quantifiable expenses, but here are two examples.

If the holiday had been within the EU, or the airline an EU company (both not the case for us), and we had been been denied boarding due to overbooking, we would be liable under EU law for 400 euro each.

If the plane itself had engine trouble and was delayed for 24 hours, our travel insurance would payout. I have tried to argue with the insurance company that flight delay describes our situation, but they are not wearing it so far.

Do we have a case? Or is it just bad luck?

Heva2015

Who did you travel with? I would say to write to the Tour Operator and cc it to your insurance.

gunslingerOK

We travelled with Cyprus Paradise, who so far have refused to admit blame or offer compensation.
The insurance company say their policy does not cover 'administrative error' and say we should take it up with the tour company.

budgetflyer

Cyprus is in the EU isnt it? or is that airline the Northern side?

melancholly

if you were meant to be at work the next day, surely that is a 'quantifiable' expense?

i've never looked at my travel insurance to see if 'administrative error' means that they won't pay out. sounds daft - you must be so frustrated! have you tried to ring up and speak to someone further up in the food chain at the insurance company?

gunslingerOK

In the case of the insurance, the wording the delayed departure cover is (and this is similar to other company's documents)

"If the ship, aircraft or coach or train in which you are booked is delayed we pay........."

They argue this means a delay to a vehicle, rather than a delay to us.

I will write to the head of the company to check they are happy to stick with this reading, which seems narrow to me.

And yes, we did go to Northern Cyprus. The airline is Turkish, but the Tour company London based.

Steve_xx

This looks like a simple breach of contract to me. Therefore the company that you booked the holiday with are liable for the breach and the remedy would be for them to recompense you with any quantifiable loss.

RibAd

no, it would be classed as failure of the tour operator to accomodate you in the first place... depending on who you're insured with, it would be most likely not covered and would be under "What is not covered/exclsuions" section. suggest reading your travel insurance t+cs.