Destination Border Opened vs FCO Travel Advice & Force Majeure

seanstein

Hi, I am in a bit of a quandary I wonder if anyone can help.

I booked a trip to Italy and Switzerland back at the beginning of February flying to Milan 14th June, driving to Switzerland 18th June and back to the UK 22nd June. Back in May the flights were cancelled by Ryanair & I have vouchers, Car hire cancelled, accommodation in Italy cancelled (booking.com), no problem there. However for my apartment in Switzerland (also booking.com) I have been offered 80% of the value of my booking to be used at anytime over the next 2 years rather than a refund.

Booking.com have a force majeure clause in operation which encourages accommodation to give full refund or move dates. This would have been fine but Switzerland just have announced they are opening borders to EU & UK from 15th of June so on the 18th June I can travel to Switzerland therefore force majeure does not apply on that date. The FCO advises against all non essential travel for an indefinite period & that Booking.com Force Majeure statement reads "FM also covers individual cases where restrictions make it impossible, illegal or prevent guests from travelling to or staying at the accommodation". Booking.com have suggested I have to wait until 48 hours before check in before they can decide, even though my flights have been cancelled already.

So can I claim force majeure on the basis that I cannot leave the UK (& therefore attempt to get a full refund)? Should I attempt to claim on travel insurance instead? Do I have to wait until the 18th of June for this to happen or can I do it now? If I have to wait until the 18th of June and the UK FCO change their rules on, say 15th June, would I no longer be able to claim on my travel insurance?

Any suggestions would be greatly appreciated.

Many thanks, Sean

Life__Goes__On

There is about zero chance of FCO advice changing in the next two weeks.
Does your insurer cover for FCO advice?

seanstein

Thanks for your reply, yes the travel instrance does appear to cover it (with an excess) :

"If this happened: the Foreign and Commonwealth Office advise against all but essential travel within a 30 mile radius of your trip destination"

Life__Goes__On

seanstein said:

Thanks for your reply, yes the travel instrance does appear to cover it (with an excess) :

"If this happened: the Foreign and Commonwealth Office advise against all but essential travel within a 30 mile radius of your trip destination"

Some insurers are refusing paying out if vouchers have been offered.
At the moment you haven't been offered an vouchers, so be careful asking about them in the 48 hours before, as they might offer you them,

seanstein

Thank you. I've been offered the 80% if I cancel, but as yet I have not cancelled as I do not believe I am not cancelling the trip, it is that I cannot go, I believe there is a difference. This is why I am trying to push the force majeure route. If this does not work I will try travel insurance on the basis of the FCO advice. Do you think this is a good approach or would you suggest I just contact the travel insurance company now (& accept the loss of the excess) ? Do you think the travel insurance entertain a claim before the 18th?

Life__Goes__On

I think the insurer will want to wait till the date has past.
If depends if you will use a voucher, as if hotel is open then I doubt you will get a cash refund as they could have done it already.
By only offering only 80% you can tell the insurer that they are refusing a refund  for the cost of your booking.

Grumpy_chap

What was the FCO advice at the time you made the booking?  If it is unchanged, the insurance may decline your claim.

seanstein

Grumpy_chap said:

What was the FCO advice at the time you made the booking?  If it is unchanged, the insurance may decline your claim.

There was no FCO advice when I booked on the 10th Feb, everything was normal then

seanstein

Life__Goes__On said:

I think the insurer will want to wait till the date has past.
If depends if you will use a voucher, as if hotel is open then I doubt you will get a cash refund as they could have done it already.
By only offering only 80% you can tell the insurer that they are refusing a refund  for the cost of your booking.

Many thanks for your time and advice.

mintymoneysaver

I suppose it depends on whether the 20% you're going to lose is more, or less, than the excess on your insurance?

seanstein

mintymoneysaver said:

I suppose it depends on whether the 20% you're going to lose is more, or less, than the excess on your insurance?

Thanks for your reply. The 20% is potentially less than the excess, it depends on how they calculate the excess (excess multiplied by number of travellers), however would rather it was 0% as has been implied by the force majeure statement.

At present I am having Booking.com saying I can enter Switzerland on the 18th because they will have opened their border on the 15th so force majeure does not apply. I am saying that it doesn't matter whether their border is open or not I am not allowed to leave the UK, I cannot get to their border, so surely this counts as "individual cases where restrictions make it impossible, illegal or prevent guests from travelling to or staying at the accommodation" and therefore force majeure does apply. Force majeure should apply when exiting your home country as much as it does entering the destination country, only when the two are open can a person cross. So far as I can understand it Booking.com are applying their rules only to the destination country, for the exit from my home country I have to wait until 48 hours before check in before they will review whether I can actually leave my country or not, regardless of flights being cancelled etc. Does this seem reasonable?