Can I get a refund?

nobby1007

I have tried to claim for flights we have had to cancel because of new medical condition (and not covered by existing travel insurance) and flight operator terms state 'we do not provide any refunds' so credit card has said can't get a refund through Mastercard chargeback scheme.
Can I now request a refund through  'clause 75 claim' on credit card ?
Any help appreciated 

marcia_

nobby1007 said:

I have tried to claim for flights we have had to cancel because of new medical condition (and not covered by existing travel insurance) and flight operator terms state 'we do not provide any refunds' so credit card has said can't get a refund through Mastercard chargeback scheme.
Can I now request a refund through  'clause 75 claim' on credit card ?
Any help appreciated 

 S75 wont work either because the flights are still available for you use.

born_again

Chargeback will be because it is you cancelling. As it would only cover if the flight was not going.

No S75 will not cover it as again it is you that is cancelling, despite it being a illness. No breech of contract by airline.

If it is a new condition why is it not covered by insurance?

elsien

Why are you not covered by your travel insurance? 

None of the other routes you mentioned will apply because they are all effectively disinclination to travel, whatever the cause. 

katejo

nobby1007 said:

I have tried to claim for flights we have had to cancel because of new medical condition (and not covered by existing travel insurance) and flight operator terms state 'we do not provide any refunds' so credit card has said can't get a refund through Mastercard chargeback scheme.
Can I now request a refund through  'clause 75 claim' on credit card ?
Any help appreciated 

If your existing travel insurer isn't willing to cover the new condition, surely they should refund you for the cancellation of flights? 

Famau

Agree with katejo:  if the medical condition appeared after you booked the flights and the insurance company won't cover it then it should be able to refund the flight costs. However, if it occurred after you took out the policy but before you booked the flights then no, you won't be covered as you hadn't declared it. 

lisyloo

You’re not entitled to any refund as it’s not the fault of the airline.
you should be covered by travel insurance, this is what it’s for.
why are you not covered? 

Is it related to a pre-existing condition that you did not declare?

CliveOfIndia

As per previous replies, you have no right to a refund either via chargeback or S75.  Such cover is only applicable in cases where the supplier has breached the terms of their contract with you.  This is not the case in this instance - the flights are still available, it's you who have chosen not to fly (well, OK, not "chosen" as such, but hopefully you get what I mean).

Your only option is to work it out with the insurance company.  It does sound a little surprising that you're not covered, unless it was a pre-existing condition that wasn't declared when you took out the policy.  This is usually exactly the sort of thing that travel insurance is designed for - you break a leg the day before you're due to fly, you're covered.

If the "new condition" is genuinely something that has occurred since taking out the policy, then the only reason I can think of for them to refuse the claim is if it's something that's specifically excluded under the T&Cs of the policy ?