Flights cancelled - hotel help

flipflopflop

Hi all
Booked flights and hotel seperately. Flights cancelled.
Got in touch with travel up who said they'd look at refunding or exchanging. They've said no.
Had a years travel insurance policy and they declined saying that we booked on 26th June during lockdown and knew the risks so declined.  They said if we had booked on 6th July they would have paid out.  We booked to travel Jan 2nd so would've thought we'd have been out of lockdown.
I have contacted credit card company under section 75 chargeback but should I be doing something else?

bagand96

So, I'm guessing your hotel was a non-refundable rate? Was it open at the time you should have travelled?

If it was open you have no entitlement to a refund from the hotel or the agent. It would be an insurance claim but it seems you've tried that. Section 75 would be unsuccessful.

If the hotel was closed then you'd be entitled to a refund. 

Mrsn

I don’t think there’s anything else you can do I’m afraid, the travel insurance would have been the only route you could take that would entitle you to any refund and they have declined.

S75 will not work if the hotel is/was open at the time of your stay, the service will still be provided... your travel arrangements sadly will not concern them.

flipflopflop

We are not due to travel until 2nd Jan so still open
Is it worth going back to insurer?

Westin

Good advice so far.  I see no validity in a section 75 claim.  Given fairly imminent stay date it might be worth just waiting to see if the hotel is open and available on 2nd Jan.  If closed or not able to accept check-in’s then you may have an option to a refund or credit from the hotel.  If not and travel insurance rejecting your claim it may just unfortunately be a cost lost to you and a learning about booking non-refundable vs refundable hotel rates.

nilanteh

As you booked 26th June when the risks were known did you make sure you booked a refundable room rate? Otherwise as others say this would be an insurance issue but a lot of insurance companies won’t pay if COVID was a known event when you booked

bagand96

Have another look at your insurance policy and terms carefully. See what is included and what isn't and if there was any guidance on Covid at the time. They will have a complaints procedure which you could try.

However it will very much depend on your policy and inclusions/exclusions. 

flipflopflop

Thank you for telling us about your cancellation claim, we are sorry to hear of the circumstances involved. Unfortunately, your claim has been

declined; the reason for this is that the event that led to your claim is not covered by your policy.

Under the Cancellation and Curtailment section of your insurance, you can claim for specified events, of which a change in FCO advice is not

included.

''What is covered Cancellation

We will pay you up to £2,000 for your proportion only of any irrecoverable unused travel and accommodation costs (including excursions up to

£250) and other pre-paid charges which you have paid or are contracted to pay, together with your proportion only of any reasonable additional

travel expenses incurred if cancellation of the trip or one-way trip is necessary and unavoidable as a result of any of the following events:

1. The death, bodily injury, illness, disease, or complications of pregnancy of:

a) you

b) any person who you are travelling or have arranged to travel with

c) any person who you have arranged to stay with

d) your close relative

e) your close business associates.

2. You or any person who you are travelling or have arranged to travel with being quarantined, called as a witness at a Court of Law or for jury

service attendance.

3. Redundancy of you or any person who you are travelling or have arranged to travel with (which qualifies for payment under current United

Kingdom redundancy payment legislation, and at the time of booking the trip or one-way trip there was no reason to believe anyone would be

made redundant).

4. You or any person who you are travelling or have arranged to travel with, are a member of the Armed Forces, Territorial Army, Police, Fire,

Nursing or Ambulance Services or employees of a Government Department and have your/their authorised leave cancelled or are called up for

operational reasons, provided that the cancellation could not reasonably have been expected at the time when you purchased this insurance or at

the time of booking any trip or one-way trip.

5. The Police or other authorities requesting you to stay at or return to your home due to serious damage to your home caused by fire, aircraft,

explosion, storm, flood, subsidence, fallen trees, collision by road vehicles, malicious people or theft.''

Furthermore, the cause of your claim is due to an event which could have reasonably led to a claim which is excluded under the policy.

"Section A – Cancellation or curtailment charges

What is not covered

2

AXA Travel Insurance Limited, registered address: The Quadrangle 106-118 Station Road, Redhill, RH1 1PR

Registered in England No 073378447 VAT Number: 243674160

AXA Travel Insurance Limited is an appointed representative of Inter Partner Assistance SA, which is authorised by the

Belgian National Bank and subject to limited supervision by the Financial Conduct Authority (FCA) in the United Kingdom.

4. Any claims arising directly or indirectly from:

b) Circumstances known to you before you purchased this insurance or at the time of booking any trip or one-way trip which could reasonably have

been expected to lead to cancellation or curtailment of the trip or one-way trip."

Please be informed that at the time of booking your trip, UK was still into lockdown, followed by the foreign office maintaining against travel and

the reason for your trip being cancelled is due to the airline cancelling your flight As per the documents you have submitted Ryanair advised that

the flight was cancelled due to the changing travel restriction and this is considered as a known circumstance. Furthermore, Covid-19 had been

declared a pandemic on the 11th March 2020 and was therefore a known event, we are unable to consider your claim. airline

Your policy was booked on the Coverwise website. In addition to the general terms and conditions of the insurance offered, your policy also

included the enhanced cover as detailed below in response to Covid-19.

Full details were available to view on the website and included within your email confirmation.

Trip cancellation

A: Your policy will cover you, subject to the normal terms, when it is necessary to cancel your trip because:

You or a close relative fall ill with COVID-19 or another infectious disease before you travel.

The UK Government require a person insured by your policy to quarantine or self-isolate on the date you are scheduled to depart.

A family member you were due to stay with has to quarantine or self-isolate and you have nowhere else to stay.

Your specific destination overseas is subject to the following travel restrictions:

the UK Foreign & Commonwealth Office advise against travel; or

the Ministry of foreign affairs or local authorities are denying entry; or

the Ministry of foreign affairs or local authorities require a person insured by your policy to quarantine or self-isolate on arrival.

B: Your policy will not cover you for costs where:

You are legally entitled to a refund in the form of cash or voucher from your airline and/or travel provider.

The travel restrictions in point 4 are as a direct result of the World Health Organisation declaring a pandemic or known event.

As Covid-19 had been declared a pandemic on the 11th March 2020 and was therefore a known event, we are unable to consider your claim.

We realise that you may be disappointed with our response, however we trust our position has been fully explained to you. If we have failed to note

additional information, which may affect the assessment of your claim, please send this to us for consideration.

flipflopflop

I am a nurse, is it worth asking my employer to cancel my annual leave and submit a new claim?
We took out the policy in Feb 2020 before the pandemic

sheramber

 
You booked your trip in June when the pandemic was known and a potential cause of cancellation so the claim would still be declined.

Nursing or Ambulance Services or employees of a Government Department and have your/their authorised leave cancelled or are called up for

operational reasons, provided that the cancellation could not reasonably have been expected at the time when you purchased this insurance or at

the time of booking any trip or one-way trip.
.................
Furthermore, the cause of your claim is due to an event which could have reasonably led to a claim which is excluded under the policy.

flipflopflop

I guess i'll just have to write it off as a loss and move on.
Hardly seems fair but in grand scheme of things could have lost more.
Thanks for all your input