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Undisclosed pre-existing medical condition means travel insurance is void

Please keep any "it's your own fault", "shouldn't have been so stupid comments" to yourselves. We've already beaten ourselves up about this....
Basically we booked a hol in september 2012, feb 2013 I became ill with gallstones, partner bought insurance in April but failed to mention gallstones, taken ill with gallbladder infection at the weekend with surgery booked for next week so won't be able to go on holiday mid oct.
Insurance won't cover us because its a pre existing medical condition.
Just wondering if anyone has any suggestions about what to do-is it simple to transfer tickets to someone else? Partner not keen on going without me. Realistically need to accept the loss just hoping we can do something to prevent seeing money flushed down the loo
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Comments

  • Have you checked the terms and conditions on the holiday? I'd try that with whoever you booked with and see if you would get any money back. Try pleading your case and see if they might let you change the dates for a fee.

    Failing that, ask if they will accept a name change and then see if you can sell the holiday to someone and recover some of your losses.

    I assume you are certain you can't go? Did the doctor say they wouldn't possibly consider you 'fit to fly'?
  • SteveJW
    SteveJW Posts: 733 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Are you having keyhole surgery

    I had my gall bladder out via keyhole surgery, a week later I was doing over 100 miles a week on bicycle.

    Flew within a month

    Hope it goes ok
  • pateroo
    pateroo Posts: 252 Forumite
    The surgeon made it very clear that I couldn't fly if I had it out (long haul flight) and that I shouldn't travel if I didn't have it out.
    We've tried everything with Thomas cook (our last two years, and the very reason for booking/needing the holiday have been a bit of a sob story) and so far they won't shift. I'd pay half the holiday again just to change the dates to next year but I guess once they've got your money they don't really care. My only hope is that insurance will pay out on the basis that partner can't go because he'll have to look after me, but in pretty sure they'll wriggle out of that one by referring to my illness as preexisting.
  • Caz3121
    Caz3121 Posts: 15,923 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is it a Thomas Cook package? who are the flights with?
  • pateroo
    pateroo Posts: 252 Forumite
    Yes-flights with Thomas cook!
  • stephb34
    stephb34 Posts: 2,064 Forumite
    Part of the Furniture Combo Breaker
    Did you book it in a Tc shop if so ask the manager if they'll try n sell it for you at a reasonable price so you get some moneyback and the person buying it gets a good deal. Do you have any friends who would be interested so you could do a name change.
  • You can nearly always change to a later date
    travelover
  • pateroo
    pateroo Posts: 252 Forumite
    Yes, we booked it in store in the hope that we would receive a more personal customer service than we would from the faceless Internet agents. Sadly not.
    They won't change Both travellers details so it seems we can't sell the holiday on, and they will not change the dates. They simply refer to their terms and conditions. My partner is due to speak to the UK sales manager and I'm hoping he will be able to offer usd a little compassion.
  • Moto2
    Moto2 Posts: 2,206 Forumite
    Failing all else, you're entitled to claim back the Air Passenger Duty minus TCs admin charge.
    Long haul APD is likely to be around £300 each, not ideal but at least something
    Change is inevitable, except from a vending machine.
  • malc_b
    malc_b Posts: 1,094 Forumite
    Part of the Furniture 500 Posts Photogenic
    edited 20 September 2013 at 11:40AM
    Have you taken legal advice on this? Your house insurance may have a legal advice line. With hotels they can charge you for a room you booked and then failed to turn up only if they fail to re-let the room. That is they can only recover their losses (and an admin fee for the extra work). Seems to me that TC terms might be illegal since there is no reason they could not allow a change of both names, i.e. allow you to sell it or pass it on. Hence I'd check that this was legal. Maybe the ombudsman can help and of course watchdog is on TV again which is another stick to wave.

    Update:

    According to this

    http://www.adviceguide.org.uk/wales/consumer_w/travel_leisure_and_food_e/consumer_holidays_e/consumer_cancellation_and_changes_to_holidays_e/you_want_to_cancel_your_holiday.htm

    "you can transfer your holiday booking to someone else if you are prevented from going on the holiday."

    i.e. not just changed your mind.

    and have you looked at
    http://www.thomascook.com/travel-info/before-you-go/cancellations/
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