Cancelled Flight Refund - Package Holiday Provider or Insurance Provider?

SilverHare

My husband and I were travelling in Nepal in March when we had to curtail our trip due to Covid-19 closing borders and cancelling flights. We had booked a package holiday (accommodation, flights etc). Our flights from Kathmandu to Dubai were cancelled. Our tour company brought us back to Kathmandu by bus, put us up in a hotel and ferried us between the UK Embassy and the airport. They did not re-book any flights home for us. We eventually found our own flight home via Abu Dhabi.  Our Tour Operator now say they are not liable to reimburse us for any losses. Our Insurance company (AXA) say they are not liable to pay out for our losses. Both are sending us round in a circle saying each is responsible.  WHO IS RESPONSIBLE?  Any help would be greatly appreciated. Thank you.

eskbanker

The tour company is responsible, via their obligations under the Package Travel Regulations 2018.

Nebulous2

Responsible might not be the best word, sometimes no one is responsible. You bought everything as a package? With an Atol certificate? Who was the operator?

You should be pursuing your tour company for some costs, including the cancelled flights and a percentage of the cost for days lost. They might not be willing to pay those until they are refunded by the airline and some airlines are making refunds very difficult. 

You need to check your insurance policy conditions. The one you are looking for should be called curtailment. If it says you are covered to come home if the FCO advises against all but essential travel, then that could cover you, depending on the dates. They are unlikely to pay out until you have recovered what you can from the travel company and your credit card if applicable. 

SilverHare

Yes, we bought everything as a package with Lumle Holidays. We have an ATOL certificate from them  and they are covered by ABTOT.  They claim they are not responsible due to it being a Force Majeur.

eskbanker

They can cite force majeure but that doesn't waive their obligations under the PTRs, which can't be overridden by Ts & Cs as statutory rights take precedence.  Familiarise yourself with these, especially section 15, and you'll see that they were obliged to get you home or to reimburse you for costs incurred if you had to arrange this yourself.