Holiday cancellation due to mental health issues - refund question

sallyann1964

I am trying to help a friend who is in the middle of a mental health crisis and as part of this arranged for an Easyjet package holiday to be cancelled today. Problem is the holiday was in 13 days time and due to this there is a 100% forfeit of the holiday cost.  I called Easyjet on his behalf and explained the situation but they said the only thing they can do is to issue an email to my friend which he can then use to approach his Insurer for a refund. They then spoke to my friend to get his confirmation that they should go ahead and cancel and as there is no way that he is in a fit state of mind to travel now and no prospect of this changing in the short term, he gave his consent. My friend sadly didn't book separate holiday Insurance as though the ABTA/ATOL certificate that he had printed out WAS his insurance. I explained to him that this only covers him if Easyjet were to have done anything that caused his holiday to be cancelled (eg going out of business) He paid for his holiday with his credit card but I'm unsure whether this is covered under a section 75 claim as not covid related. I am also not sure that with his ongoing mental health issues that he fully understood all of the booking process and information at the time of booking.  Has anyone had a similar experience and can give me any guidance to what we do next with regard to trying to get his a refund? Thank you.

Thrugelmir

A lesson learnt. Travel insurance is key. 

TadleyBaggie

sallyann1964 said:

He paid for his holiday with his credit card but I'm unsure whether this is covered under a section 75 claim as not covid related.

I'm afraid this will not be possible, the travel company have done nothing wrong and so will not be liable under S.75.

Aylesbury_Duck

Yep, sorry to say that he's going to have to swallow the loss.

soolin

sallyann1964 said:

I am trying to help a friend who is in the middle of a mental health crisis and as part of this arranged for an Easyjet package holiday to be cancelled today. Problem is the holiday was in 13 days time and due to this there is a 100% forfeit of the holiday cost.  I called Easyjet on his behalf and explained the situation but they said the only thing they can do is to issue an email to my friend which he can then use to approach his Insurer for a refund. They then spoke to my friend to get his confirmation that they should go ahead and cancel and as there is no way that he is in a fit state of mind to travel now and no prospect of this changing in the short term, he gave his consent. My friend sadly didn't book separate holiday Insurance as though the ABTA/ATOL certificate that he had printed out WAS his insurance. I explained to him that this only covers him if Easyjet were to have done anything that caused his holiday to be cancelled (eg going out of business) He paid for his holiday with his credit card but I'm unsure whether this is covered under a section 75 claim as not covid related. I am also not sure that with his ongoing mental health issues that he fully understood all of the booking process and information at the time of booking.  Has anyone had a similar experience and can give me any guidance to what we do next with regard to trying to get his a refund? Thank you.

As above, unfortunately the money is lost. I would also point out that S75 would not have been possible even if this was a Covid related cancellation, I read your post as if it suggested that was a possibility. 

If your friend has issues with managing financial issues then perhaps have a gentle word with them about the possibility of a power of attorney  via a relative or other responsible adult , for emergencies. It is not a perfect solution as it wouldn’t stop them being able to control their own money , but perhaps they might voluntarily add an extra step in before they buy anything, and seek advice. 

Sandtree

As others have said, EasyJet and therefore the credit card company are only liable if they have done wrong which they havent. You are therefore basically down to the goodwill of EasyJet or any Covid related promises - some companies are broad and can be used for non-covid reasons. 

Assuming there is no general flexibility as a result of Covid its always worth asking if any element can be refunded, such as the taxes on the flights.

Whilst I echo other's comments on the need for insurance the reality is that if they have a previous history of mental health problems its likely they'd be unable to get cover if there have been any recent episodes. It may end up either being something they need to risk in the future or pay more to get flexibility in the booking.

Grumpy_chap

sallyann1964 said:

I am trying to help a friend who is in the middle of a mental health crisis and as part of this arranged for an Easyjet package holiday to be cancelled today. Problem is the holiday was in 13 days time and due to this there is a 100% forfeit of the holiday cost.  I called Easyjet on his behalf and explained the situation but they said the only thing they can do is to issue an email to my friend which he can then use to approach his Insurer for a refund. They then spoke to my friend to get his confirmation that they should go ahead and cancel and as there is no way that he is in a fit state of mind to travel now and no prospect of this changing in the short term, he gave his consent. My friend sadly didn't book separate holiday Insurance as though the ABTA/ATOL certificate that he had printed out WAS his insurance. I explained to him that this only covers him if Easyjet were to have done anything that caused his holiday to be cancelled (eg going out of business) He paid for his holiday with his credit card but I'm unsure whether this is covered under a section 75 claim as not covid related. I am also not sure that with his ongoing mental health issues that he fully understood all of the booking process and information at the time of booking.  Has anyone had a similar experience and can give me any guidance to what we do next with regard to trying to get his a refund? Thank you.

This is obviously a difficult situation and your friend must put their health first, following medical advice as appropriate.  I wish them a speedy recovery.

Unfortunately, without travel insurance, the only options with Easyjet are to cancel or re-schedule as per the T's&C's with the booking and / or any goodwill that Easyjet may (but don't have to) extend.  

S75 cover offers nothing greater than the Easyjet T's&C's as this is not a fault of the provider.

Travel insurance ASAYB (As Soon As You Book) is the lesson harshly learned for the future.

mattyprice4004

Not a chance of any refund, easyJet have done nothing wrong so it’s not their loss to bear. Sorry 

user1977

As mentioned above, no chance without insurance, and even if he had insurance, if this wasn't his first mental health episode (guessing not as you say he was already affected at the time of booking) then it wouldn't be a valid claim unless he had declared the history upfront.

Jenni_D

Just thinking laterally ... if EasyJet manage to rebook the package with someone else, shouldn't the OP('s friend) get their money back (less any admin charges and loss of revenue/profit if it had to be sold cheaper)?

emmajones1976

Jenni_D said:

Just thinking laterally ... if EasyJet manage to rebook the package with someone else, shouldn't the OP('s friend) get their money back (less any admin charges and loss of revenue/profit if it had to be sold cheaper)?

No. Those werent the terms they agreed to.