Cancelled flight due to illness - Section 75 or not?

Hi 

A friend of mine is having to cancel her holiday. Her husband has a condition that affects his lungs (covered on his travel insurance) he had a check up yesterday and unfortunately following a collapsed lung a few months ago it hasn't fully inflated.

He is of course now unable to fly and requires an emergency operation. 

Would my friend be able to claim back the flights via section 75 or her travel insurance (depending on the small print of course) or will she have lost it? 

Many Thanks 

Comments

  • Grumpy_chap
    Grumpy_chap Posts: 17,730 Forumite
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    This would be a claim on the travel insurance.

    S75 is only an option to claim against the finance company when there would be a claim against the service provider.  There is no such claim in this case as nothing the holiday provider did is the reason for not traveling 
  • Troxy
    Troxy Posts: 61 Forumite
    Third Anniversary 10 Posts
    You will not be able to claim on section 75, the company are still offering the service that was purchased.
    Travel insurance is the best course of action but whether you can claim depends on policy that was purchased 
  • OP advises travel insurance cover is in place.
  • eskbanker
    eskbanker Posts: 36,548 Forumite
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    Gemm83 said:
    A friend of mine is having to cancel her holiday. Her husband has a condition that affects his lungs (covered on his travel insurance) he had a check up yesterday and unfortunately following a collapsed lung a few months ago it hasn't fully inflated.

    He is of course now unable to fly and requires an emergency operation. 

    Would my friend be able to claim back the flights via section 75 or her travel insurance (depending on the small print of course) or will she have lost it?
    Not sure if you're literally saying that they have separate travel insurance policies, but for travelling as a couple (or a wider family group) it would probably be better to have all parties on one policy....
  • Brie
    Brie Posts: 14,099 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    eskbanker said:
    Gemm83 said:
    A friend of mine is having to cancel her holiday. Her husband has a condition that affects his lungs (covered on his travel insurance) he had a check up yesterday and unfortunately following a collapsed lung a few months ago it hasn't fully inflated.

    He is of course now unable to fly and requires an emergency operation. 

    Would my friend be able to claim back the flights via section 75 or her travel insurance (depending on the small print of course) or will she have lost it?
    Not sure if you're literally saying that they have separate travel insurance policies, but for travelling as a couple (or a wider family group) it would probably be better to have all parties on one policy....
    Agree best to have one policy if only for the fact that there would only be one deductible.  But I expect that HER policy will cover her holiday cancellation as there will be a clause about having to cancel due to illness in the family.


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  • born_again
    born_again Posts: 19,446 Forumite
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    No S75 as it is themselfs that have broken the contract. This is a very common question we get.


    As above it is a travel ins issue.
    Life in the slow lane
  • DullGreyGuy
    DullGreyGuy Posts: 17,257 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Brie said:
    eskbanker said:
    Gemm83 said:
    A friend of mine is having to cancel her holiday. Her husband has a condition that affects his lungs (covered on his travel insurance) he had a check up yesterday and unfortunately following a collapsed lung a few months ago it hasn't fully inflated.

    He is of course now unable to fly and requires an emergency operation. 

    Would my friend be able to claim back the flights via section 75 or her travel insurance (depending on the small print of course) or will she have lost it?
    Not sure if you're literally saying that they have separate travel insurance policies, but for travelling as a couple (or a wider family group) it would probably be better to have all parties on one policy....
    Agree best to have one policy if only for the fact that there would only be one deductible.  But I expect that HER policy will cover her holiday cancellation as there will be a clause about having to cancel due to illness in the family.


    Most excess are per person. 

    Cancellation due to a family member is unlikely to succeed because its a pre-existing condition and unlike those covered by the insurance I am not aware of any policy that allows you to declare illnesses of your non-travelling family members.

    Her travel insurance is much more likely to cover it because the person she was travelling with has had to cancel - these clauses are less common to have a pre-existing clause. 
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