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curtailed package holiday

mitford
mitford Posts: 8 Forumite
Eighth Anniversary First Post Combo Breaker
edited 19 May at 4:48PM in Coronavirus Board
Hi all 

In March we were on a package holiday and was 6 days into it when we got the dreaded email that we were being sent home from our travel company cutting our holiday short by 5 days..

I emailed the hotel whilst we was there and they said they won't even bill the travel company or charge cancellation fee due to the circumstances.

we emailed the travel company who refused to compensate us straight away, they said go through your travel insurance

so 11 weeks after making a claim on our travel insurance i was told that the claim had been approved on the 10th of june and sent to the payment department, then on saturday 20th of june was told they have now rejected my claim and that i should go back to the travel company for compensation they quoted the "package travel directive" as their excuse for not paying out.

Having read the package travel directive there seems to be a get out clause for the travel company under article 14.1 (c) (price reduction and compensation for damages) there is a clause in there 

1.   Member States shall ensure that the traveller is entitled to an appropriate price reduction for any period during which there was lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller.

(c)

due to unavoidable and extraordinary circumstances.

so going by the above the holiday company have a get out clause 

The travel insurance have closed our claim without my consent, we did pay the majority on the credit card for reasons like this so should i go back to the insurance or just hand it over to the credit card company to sort out if they will at all?

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