Credit card claim for cancelled holiday

km1500

there is no way they will pay out for everyone cancelling and staying home just because one person got sick.

Alderbank

pinkshoes said:

Some airlines even let children fly with chickenpox!! 

It's not that simple!
It is not a matter of whether the child feels ill. Varicella-zoster virus (which causes chicken pox) can be very dangerous to certain categories of passengers such as pregnant women or those with damaged immune systems. Every airline has rules about this condition and they are all slightly different .
Jet2 need a Fit to Fly certificate from your doctor confirming that at least 7 days have elapsed since the first spots appeared and no others are forming.
If the parents could not show this certificate Jet2 would have prevented them from boarding.

CardinalWolsey

DullGreyGuy said:

CyprusBoy said:
I’ve since read that there is a very good chance they won’t pay out for my step-son’s claim as the policy is in his name (my email address and my credit card) and he personally has “suffered no financial loss”

You've been reading the wrong sources... he has suffered a loss... he was due to go on a £1,000 holiday (or whatever the cost is) and now isnt and so £1,000 less the excess is appropriate compensation for him.

Presumably you gifted the holiday to him, but it is you that has suffered no financial loss... you intentionally gave him a gift and he received that gift.

It is always the traveller that makes the claim not the random person that happened to pay for it.

Er - no. Insurance is not compensation. Travel insurance for cancellations is to reinstate your financial position should you need to cancel (and that cancellation is covered by the insurance). As it stands, the step-son has no financial loss, and therefore has no claim. If the OP had invoiced the step-son for their portion of the holiday, or the step-son had already paid the OP for their portion, then a claim could potentially proceed. Unfortunately, as has been upheld on previous claims and complaints, the insurer will not pay out in this scenario as the insured has not suffered a demonstrable financial loss.

Manxman_in_exile

CyprusBoy said:

DullGreyGuy said:

CyprusBoy said:
I’ve since read that there is a very good chance they won’t pay out for my step-son’s claim as the policy is in his name (my email address and my credit card) and he personally has “suffered no financial loss”

You've been reading the wrong sources... he has suffered a loss... he was due to go on a £1,000 holiday (or whatever the cost is) and now isnt and so £1,000 less the excess is appropriate compensation for him.

Presumably you gifted the holiday to him, but it is you that has suffered no financial loss... you intentionally gave him a gift and he received that gift.

It is always the traveller that makes the claim not the random person that happened to pay for it.

Many thanks for the prompt and constructive reply. My source is "Sally sorts it" in the Daily Mail on July 26th where a similar claim with Direct Line went to the Ombudsman but was still not successful. 

Prompt and "constructive" (ie telling you something you would prefer to hear) does not necessarily equate to being "right".  You might want to pay more attention to the other replies...

Manxman_in_exile

Further to my previous post (and to answer the actual question you are asking... ) my understanding is that you can only make a successful s75 credit card claim if the person suffering the loss is the person who's card paid for the item/service in question.

In this case your card paid for your son's travel insurance with a different provider from your own travel insurance in an entirely separate transaction.  If your son's insurer doesn't pay out, my understanding is that you have no claim aginst your credit card.

If you buy a "gift" for somebody else on your credit card, you can't rely on you being able to make a claim on your card.

(NB - my less than perfect understanding of how s75 works is that their must be an unbroken Debtor - Creditor - Supplier link.  If you buy something on your credit card for somebody else, you run the risk of breaking that crucial link.  If you want to "treat" people, let them buy it and then give them the money... )

TELLIT01

Many travel insurance policies do cover cancellation in the event of sickness of one of the parties due to travel.  Without knowing the precise wording of the policy held by the OP it's impossible to know if the insurer is likely to pay out or not.  I don't think there is anything further the OP can do until they have a decision from the insurer. 

eskbanker

Personally I think the 'financial loss' discussion misses the point - there have been plenty of threads before where insurers will only reimburse claims on a pro rata basis, regardless of who paid, so that, for example, if a policy only covers half of the people on a trip, the insurer will only reimburse half of the cost, i.e. everyone needs their own insurance, rather than one person being able to reclaim the entire cost just because they paid.

So in this case, provided the insurers concerned accept the principle of the claim, they should reimburse costs according to the proportion of the total holiday price associated with each subset of the party....

DullGreyGuy

sheramber said:

DullGreyGuy said:

CyprusBoy said:
I’ve since read that there is a very good chance they won’t pay out for my step-son’s claim as the policy is in his name (my email address and my credit card) and he personally has “suffered no financial loss”

You've been reading the wrong sources... he has suffered a loss... he was due to go on a £1,000 holiday (or whatever the cost is) and now isnt and so £1,000 less the excess is appropriate compensation for him.

Presumably you gifted the holiday to him, but it is you that has suffered no financial loss... you intentionally gave him a gift and he received that gift.

It is always the traveller that makes the claim not the random person that happened to pay for it.

Is it not the policy holder who makes the claim under the travel insurance policy?

But the Step Son is the policyholder in this case

CyprusBoy said:

DullGreyGuy said:

CyprusBoy said:
I’ve since read that there is a very good chance they won’t pay out for my step-son’s claim as the policy is in his name (my email address and my credit card) and he personally has “suffered no financial loss”

You've been reading the wrong sources... he has suffered a loss... he was due to go on a £1,000 holiday (or whatever the cost is) and now isnt and so £1,000 less the excess is appropriate compensation for him.

Presumably you gifted the holiday to him, but it is you that has suffered no financial loss... you intentionally gave him a gift and he received that gift.

It is always the traveller that makes the claim not the random person that happened to pay for it.

Many thanks for the prompt and constructive reply. My source is "Sally sorts it" in the Daily Mail on July 26th where a similar claim with Direct Line went to the Ombudsman but was still not successful. 

If it went through the whole ombudsman service then it would be on their website (all decisions by ombudsman are published on the FOS website)... do you have the link?

If they haven't published the link then I'd note that its in the Daily Hate and treat as the tabloid paper it is. 

Ultimately, as already stated, a policy is what it says in the T&Cs. I've never seen one that requires the traveller to have personally paid for the trip but I will always tell people to read their own policy book because there is nothing legally for an insurer to create such a clause and I certainly have not read every single policy ever written.

The article says it was an add on to the daughters home insurance, looking at what DL currently sell none have a travel extension listed as an option and their Live Chat said they stopped selling it in 2017 so either this is a very old story or a made up story.

DullGreyGuy

eskbanker said:

Personally I think the 'financial loss' discussion misses the point - there have been plenty of threads before where insurers will only reimburse claims on a pro rata basis, regardless of who paid, so that, for example, if a policy only covers half of the people on a trip, the insurer will only reimburse half of the cost, i.e. everyone needs their own insurance, rather than one person being able to reclaim the entire cost just because they paid.

So in this case, provided the insurers concerned accept the principle of the claim, they should reimburse costs according to the proportion of the total holiday price associated with each subset of the party....

There have been plenty of threads about someone who paid for a whole trip only getting their percentage of the trip back being told the other travellers need to claim on their own insurance but they were uninsured so couldn't.

As I have said a dozen times already the policy book is king... show me a policybook that states you can only claim for what you personally paid.

eskbanker

DullGreyGuy said:

eskbanker said:

Personally I think the 'financial loss' discussion misses the point - there have been plenty of threads before where insurers will only reimburse claims on a pro rata basis, regardless of who paid, so that, for example, if a policy only covers half of the people on a trip, the insurer will only reimburse half of the cost, i.e. everyone needs their own insurance, rather than one person being able to reclaim the entire cost just because they paid.

So in this case, provided the insurers concerned accept the principle of the claim, they should reimburse costs according to the proportion of the total holiday price associated with each subset of the party....

There have been plenty of threads about someone who paid for a whole trip only getting their percentage of the trip back being told the other travellers need to claim on their own insurance but they were uninsured so couldn't.

As I have said a dozen times already the policy book is king... show me a policybook that states you can only claim for what you personally paid.

Exactly - it's all about policy terms not financial loss.