Holiday compensation

SaintOli

My family’s holiday to Turkey  in May this year was delayed by 30 hours due the cancellation of the flight departing from Manchester. This was due to a death on the inbound flight in to Manchester. We ultimately took off >28 hours later than scheduled. 

On returning from holiday we looked in to compensation for this delay. The holiday cost £7000 so I was looking for a pro rate compensation from the airline or the travel company (Simpsons) or failing that the insurance company (Great Lakes). 

All of the above have refused to compensate us for our delay. 

We have taken the complaint to the CAA who have upheld the airline’s (sun express) refusal because it was an unforeseen event. 

And we took the insurance through the financial ombudsman who upheld their decision not to pay out because it didn’t fall under one of their reasons for delayed / cancelled travel. 

I’m at a loss as what to do next. By booking with an ABTA assured travel company and purchasing holiday insurance i assumed we were covered for events such as this? I am not asking for the earth, just compensation for the proportion of the holiday we missed out on. 

la531983

"Compensation" is the wrong word here, which is potentially why you have been knocked back. "A pro rata refund for losing a days holiday" would maybe have led to a better outcome.

saajan_12

The airline have no responsiblity for compensation here, as it'll be an extraordinary cause outside their control which drove at least 3 hours of the delay.

The delay of 28 hours does seem long and if it was just a flight booking, you could argue they should have given you an earlier alternative flight on another airline. If they didn't then your remedy would have been to book the alternative yourself and claim the cost, but you wouldn't get compo after the fact. 
I'm not sure how that would work for package holiday and you may also be able to argue the insurance claim. Though sounds like you've reached the final stages. 

elsien

If the airline won’t pay because it is very unseen circumstances, and your insurance terms and conditions don’t cover it, then I’m not sure you do  have anywhere else to go.

Aside from which expecting a pro rata amount of the whole holiday cost isn’t reasonable. The  flights can be a large part of the cost and you did get those albeit it one was delayed. So really you’re looking at one day at the hotel, that’s all. Can you go back to the holiday company with revised wording to ask for a goodwill gesture?

SaintOli

Unclear as to why it isn’t reasonable? We paid for a 1 week holiday and covered that holiday with insurance. If we miss (more than) 1/7th of it through no fault of our own, surely we are entitled to that proportion being refunded?

la531983

SaintOli said:

Unclear as to why it isn’t reasonable? We paid for a 1 week holiday and covered that holiday with insurance. If we miss (more than) 1/7th of it through no fault of our own, surely we are entitled to that proportion being refunded?

Well no, as already said the flight make up a big proportion. And you took both of those.

Half the amount of the holiday and work out 1/7th of it. Thats a reasonable starting point.

bagand96

SaintOli said:

Unclear as to why it isn’t reasonable? We paid for a 1 week holiday and covered that holiday with insurance. If we miss (more than) 1/7th of it through no fault of our own, surely we are entitled to that proportion being refunded?

Did you book a Package Holiday?  With Simpsons perhaps?  You don't mention their response?  If you had a Package then the Package & Linked Travel Arrangements Travel Regulations 2018 may entitle you to some sort of pro-rata refund for the shortened stay.  Although most regulations will have exclusions for unforeseen events.

The airline aren't responsible under EC261 - the CAA have stated that.  Although point of note, you may have been entitled to refuse the flight 28 hours later (I assume Sun Express arranged that?) and ask for an earlier alternative, or if you'd arranged your own alternative claim the cost back from Sun Express.

Insurance it seems you weren't covered under your policy and the FOS agree.

Yes it wasn't your fault.  But it wasn't the airline's or the holiday provider's fault either and your insurance didn't cover you due to policy exclusions.

Grumpy_chap

SaintOli said:

Unclear as to why it isn’t reasonable? We paid for a 1 week holiday and covered that holiday with insurance. If we miss (more than) 1/7th of it through no fault of our own, surely we are entitled to that proportion being refunded?

Well, you paid £7k for your family (how many people is that?) to have a one-week holiday.
One night of that holiday got sacrificed because of the delay.
You would not get £1k back.

Let's assume your family is 4 people and £100 per person per night for the hotel. 
7 x 4 x £100 = £2,800 accommodation costs.
The remainder (£4,200) is flight costs.  You still got that, albeit a day late.
The 1/7th part would be 1/7th of the accommodation, so £400.

SaintOli

Grumpy_chap said:

SaintOli said:

Unclear as to why it isn’t reasonable? We paid for a 1 week holiday and covered that holiday with insurance. If we miss (more than) 1/7th of it through no fault of our own, surely we are entitled to that proportion being refunded?

Well, you paid £7k for your family (how many people is that?) to have a one-week holiday.
One night of that holiday got sacrificed because of the delay.
You would not get £1k back.

Let's assume your family is 4 people and £100 per person per night for the hotel. 
7 x 4 x £100 = £2,800 accommodation costs.
The remainder (£4,200) is flight costs.  You still got that, albeit a day late.
The 1/7th part would be 1/7th of the accommodation, so £400.

Why the assumption of £100 pp per night? The holiday was 5 people, sold as a package for £7000. How the travel company divides the cost is up to them, but through the delayed flight they did not deliver 1/7th of the booked holiday. 

swingaloo

They delivered the flights even though you were delayed. Your loss is 1 night hotel stay.

la531983

SaintOli said:

Grumpy_chap said:

SaintOli said:

Unclear as to why it isn’t reasonable? We paid for a 1 week holiday and covered that holiday with insurance. If we miss (more than) 1/7th of it through no fault of our own, surely we are entitled to that proportion being refunded?

Well, you paid £7k for your family (how many people is that?) to have a one-week holiday.
One night of that holiday got sacrificed because of the delay.
You would not get £1k back.

Let's assume your family is 4 people and £100 per person per night for the hotel. 
7 x 4 x £100 = £2,800 accommodation costs.
The remainder (£4,200) is flight costs.  You still got that, albeit a day late.
The 1/7th part would be 1/7th of the accommodation, so £400.

Why the assumption of £100 pp per night? The holiday was 5 people, sold as a package for £7000. How the travel company divides the cost is up to them, but through the delayed flight they did not deliver 1/7th of the booked holiday. 

Its an example to demonstrate you cant just divide the total amount by seven.