Travel Insurane doesn't cover "Government Advice"

macman

Am I missing something here? If the chalet cancelled, then on what grounds are they refusing you a refund? Their inability to provide the booked accommodation is a clear breach of contract. 

JP_91

Their booking T&Cs have a force majeure clause in...

"Very rarely, we may be forced by “force majeure” (see section 5. below) to change or terminate all or some of your arrangements. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result."

This is what they're citing as reason not to refund.

Life__Goes__On

JP_91 said:

Their booking T&Cs have a force majeure clause in...

"Very rarely, we may be forced by “force majeure” (see section 5. below) to change or terminate all or some of your arrangements. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result."

This is what they're citing as reason not to refund.

No way that is legally enforceable as it's "unfair"

macman

Op, please post the 'Section 5' text you refer to.
Life_Goes_On is quite correct. If this were remotely enforceable, then every airline and holiday provider that has cancelled under coronavirus would be doing the same, and refusing any kind of refund. The court would undoubtedly uphold your claim to a full refund.
I'd send them an LBA , giving them 7 days.
If you booked the transport separately, that may need a separate claim, but, if the transport was available and you could travel, then that may need to be looked at under your travel insurance instead.
You seem to be fighting your battle with entirely the wrong company at present, and I'm amazed that your insurer's legal team, having presumably known that the chalet company cancelled, and seen the booking contract terms, didn't just refer you back to them.

Life__Goes__On

I can understand why the insurance doesn't want to pay, why should they foot  the bill because a company wrongly refuses to pay.

macman

Equally, the providers are hoping that, the more hoops they make customers jump through to get a refund, the more of them will turn to their card provider or insurer to cough up instead. 

JP_91

Thanks for all your responses everyone...
@macman - What's an LBA? I've posted the section 5 details below. We were told that as we booked with them, we were effectively agreeing to the booking T&Cs and everything in them, hence why they weren't able to provide a refund. Complicated slightly further that nearly half of the group have gotten money back from their insurers, but the other half (myself included) haven't. 

macman said:

Op, please post the 'Section 5' text you refer to.
Life_Goes_On is quite correct. If this were remotely enforceable, then every airline and holiday provider that has cancelled under coronavirus would be doing the same, and refusing any kind of refund. The court would undoubtedly uphold your claim to a full refund.
I'd send them an LBA , giving them 7 days.
If you booked the transport separately, that may need a separate claim, but, if the transport was available and you could travel, then that may need to be looked at under your travel insurance instead.
You seem to be fighting your battle with entirely the wrong company at present, and I'm amazed that your insurer's legal team, having presumably known that the chalet company cancelled, and seen the booking contract terms, didn't just refer you back to them.

5. Force Majeure

Except where otherwise expressly stated in these booking conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside of our own or the relevant supplier(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

Life__Goes__On

JP_91 said:

Thanks for all your responses everyone...
@macman - What's an LBA? I've posted the section 5 details below. We were told that as we booked with them, we were effectively agreeing to the booking T&Cs and everything in them, hence why they weren't able to provide a refund. Complicated slightly further that nearly half of the group have gotten money back from their insurers, but the other half (myself included) haven't. 

macman said:

Op, please post the 'Section 5' text you refer to.
Life_Goes_On is quite correct. If this were remotely enforceable, then every airline and holiday provider that has cancelled under coronavirus would be doing the same, and refusing any kind of refund. The court would undoubtedly uphold your claim to a full refund.
I'd send them an LBA , giving them 7 days.
If you booked the transport separately, that may need a separate claim, but, if the transport was available and you could travel, then that may need to be looked at under your travel insurance instead.
You seem to be fighting your battle with entirely the wrong company at present, and I'm amazed that your insurer's legal team, having presumably known that the chalet company cancelled, and seen the booking contract terms, didn't just refer you back to them.

5. Force Majeure

Except where otherwise expressly stated in these booking conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside of our own or the relevant supplier(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

It's not compensation you are claiming for, it's a refund for a service that haven't  been provided. Theses are two completely separate issues.

But even if it was a "no refund" clause it would be invalid because it would be deemed as "unfair"  under the CRA2015.  An Act always over-rides any T&Cs

Life__Goes__On

JP_91 said:

Consumer watchdog has said my only option is to take to small claims court.

As you paid via a credit card that advice was terrible
A Chargeback  for non supply of services was the simple way forward.

p00hsticks

JP_91 said:

Thanks for all your responses everyone...
@macman - What's an LBA?

LBA = Letter Before Action
https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim