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Section 75

2

Comments

  • Kettle13
    Kettle13 Posts: 12 Forumite
    10 Posts
    AZVR are the company I booked with and their overriding requirement for a Cancellation is that you provide them with proof that the Flights have been cancelled. Notwithstanding is that they asked me to formally cancel the property booking so they could try and re-book. Was told if they did there would be no issue with paying me. They did manage to book it for 12 days of the 27 I was supposed to be there. I did go to the Attorney General Office and filed a complaint. They did investigate but AZVR used the argument they were just a conduit to the Properties and my argument was not with them.
  • Kettle13
    Kettle13 Posts: 12 Forumite
    10 Posts
    Now of course with my travel insurance out of date (Valid until Jan 2021) Virgin are next to useless as say without written proof that the Vacation Rental company will not pay us then the chances are a claim will fail, plus need evidence that the section 75 has failed. Still waiting from Nationwide to reply to upteen requests for clarification. Will get some poor sap to go through the same old thing and never able to talk to the Section 75 team or anyone from complaints team.  
  • Maybe I'm just confused and totally wrong (it is very late) but isn't the whole insurance issue and whether it transferred over to the re-booking a red herring?

    If I've understood correctly the OP couldn't take the planned vacation because the US banned incoming flights from the UK.  (Is that the case?).  So if the flights were cancelled by the US government, isn't that a straightforward example of frustration and a s75 claim to get the money back - and not necessarily an insurance claim?

    As I say, I'm confused and it's very late... 
  • ThisnotThat
    ThisnotThat Posts: 500 Forumite
    500 Posts Name Dropper
    Maybe I'm just confused and totally wrong (it is very late) but isn't the whole insurance issue and whether it transferred over to the re-booking a red herring?

    If I've understood correctly the OP couldn't take the planned vacation because the US banned incoming flights from the UK.  (Is that the case?).  So if the flights were cancelled by the US government, isn't that a straightforward example of frustration and a s75 claim to get the money back - and not necessarily an insurance claim?

    As I say, I'm confused and it's very late... 
    Flights from the UK were not banned.  Non-Us citizens who had been in the UK in the past 14 days were not permitted entry.

    Whilst some flights may have been cancelled, as only US citizens, their spouses and perhaps a few other minor exceptions were allowed entry on a flight out of the UK and demand would have dropped significantly, those flights were not banned.
  • Kettle13
    Kettle13 Posts: 12 Forumite
    10 Posts
    I agree and something I have repeatedly tried to point out to Nationwide. We were basically stopped from going to the US.
    The Insurance was an argument between me and the supplier which for months I assumed was being sorted.
    Once obvious that this was not going to happen, I went to Virgin Holiday Insurance to claim. Was informed I had to go through a Section 75 claim first. So from Late June 2020 until May 18 2021 I have been given the run around by Nationwide. Gone back to Virgin who now say because 75 claim failed and with no evidence of a letter that the Rental Company are not going to pay us then chances are our claim will fail.
  • Kettle13
    Kettle13 Posts: 12 Forumite
    10 Posts
    Our flights were cancelled and entry to the US was banned for Non US Citizens.Irrelevent about the 14 days as impossible to get an ESTA to be allowed in as US Government had put a stop on them. The site was closed down until earlier this year
  • ThisnotThat
    ThisnotThat Posts: 500 Forumite
    500 Posts Name Dropper
    Kettle13 said:
    Our flights were cancelled and entry to the US was banned for Non US Citizens.Irrelevent about the 14 days as impossible to get an ESTA to be allowed in as US Government had put a stop on them. The site was closed down until earlier this year
    Sorry, but no, this is not true albeit a common misconception.

    Entry was banned for non-US citizens who had been in certain countries in the past 14 days (and still is incidentally) but this is not a ban on nationalities. Whether ESTAs were cancelled is largely immaterial (visa's were not revoked for example).  Your "insurance" covered your flights being cancelled, not you being denied entry (which could have happened anyway, COVID or not.)

    If your flights were genuinely cancelled by the airline (and not all were) that is fine, but going down the "there were no flights/I was banned from entering the country" is a non-starter.
  • born_again
    born_again Posts: 21,020 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Kettle13 said:
    Our flights were cancelled 
    Who cancelled the flights?

    Not who said you can not go...

    Life in the slow lane
  • Kettle13
    Kettle13 Posts: 12 Forumite
    10 Posts
    Virgin Airlines. Another nightmare as took 140 days to re-imburse the flight money. 
  • Kettle13 said:
    In Aug 2019 I made a Vacation Booking in Arizona for the following May. I paid extra for their comprehensive Trip Cancellation policy. ...

    Apologies if I've missed it, but who is "their" and is a "comprehensive Trip Cancellation policy" the same as travel insurance?

    Is "their" referring to the Arizona based company or is it Virgin?  I'm not sure what insurance you bought and who from.
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