Accommodation Cost Whilst Stuck Overseas Due to Middle East Crisis

paleemperor

Hello All.

My partner and I went on a weeks holiday to the Maldives at the end of February, and were supposed to return on 1st March. Unfortunately, our return flight was repeatedly cancelled, due to the situation in the Middle East. We ended up stuck there for 16 extra days, and ran up a hotel bill for this time of almost £12000. I have only been offered the equivalent of 3 nights money by the travel agent (£2400), leaving me with a large credit card bill, which I have had to
pay myself. In addition, I have recently lost my job, so this money would make a real difference.

I saw an article on the MSE website, in which it suggests making a section 75 claim to my credit card company. I made the claim, and my credit card provider (Barclays) has written back, asking for copies of several documents, including the terms and conditions issued by my travel agent (Destination2) when I made the booking. I am concerned that my claim may fail.

Firstly, I was not sent the terms and conditions at the time of booking. My confirmation contained only a link to terms and conditions on their website, and I have no way of knowing if the version currently showing is the same, or if it has been updated since I booked.

My main concern is that the terms contain the following clause:

11. FLIGHT DELAYS
In the event of a flight being delayed the flight provider has an obligation to passengers pursuant to EU Regulation no 261/2004 (denied boarding and flight disruption). However, the extent of such will depend on various other factors i.e. the type of flights you have booked,
expected length of delay, local availability of accommodation, immigration rulings etc.

This appears to be intended to pass off responsibility for all flight related issues to the airline. Of course, I cannot claim against the airline directly, as my credit card was used to pay the travel agent.

Does anyone have any advice?

Kind Regards

Roy.

Humphreyshalfmoon

The law is clear that the organiser is only responsible for up to 3 days accommodation so they have followed the rules under the Package Travel Regulations 2018. Alas the other law that might apply UK261 does not apply at all to flights with non EU airlines departing from a non EU/UK airport . It may well be a lot more expensive to fly long haul with BA or Virgin but they would almost certainly have taken care of you, It doesn't help that the Maldives are not the cheapest destination to be stranded in either

Caz3121

Have you tried with your travel insurance? were you in touch with them at the time of the original issue?

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/6670782/accommodation-cost-whilst-stuck-overseas-due-to-middle-east-crisis

Was this a package holiday? If so, the liability for the operator is limited to 3 days, as you have found out.

The CC S75 has no greater liability than the tour operator.

£12k for 16 days for a couple. That's £750 per night which sounds like a lot to me. What actions did you take to mitigate your losses? Just carrying on at that nightly rate does not seem to me like the actions of an individual recently unemployed and concerned about finances. Or did you just see this as a opportunity to live the high life with no job to get back for and thinking it was all a jolly at someone else's expense?

Have you tried your travel insurance?

TadleyBaggie

definitely a travel insurance issue.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/82019968#Comment_82019968

I'd assume the travel insurance would also have expected the OP to mitigate their costs. That might have been achieved by contacting the insurer once an issue arise, thus giving the insurer the option to influence the costs accruing or to tacitly accept the level at which costs will accrue.

user1977

Was there really no available route home for 16 days?

jimjames

https://forums.moneysavingexpert.com/discussion/comment/82020076#Comment_82020076

I find it hard to believe that there was no route home cheaper than £12k

soolin

I had a work colleague stuck overseas when the Volcano issue arose many years ago. At that time when they contacted their insurer they were given a daily figure up to which the insurer would cover for the extra days , they did move accommodation to something cheaper for the few days they were stuck before they could luckily get on a non flying option to get home.

I don't know if that is still the case, but it seems like a limit for daily expenses for accommodation, onward travel etc, was sensible from an insurer.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/82020288#Comment_82020288

Quite often such limits will be set in the policy, as either a daily rate or a policy term limit or both.

silvercar

It’s the Maldives, I can think of worse places to be stuck for an extra 16 days!

That said, I can appreciate the frustration. It is the Maldives and with each resort being its own atoll ( island) and so moving to a different hotel is not easy. Moving to Male is also less than desirable, especially if you don’t know how long you will end up there. So I totally can see the sense in saying where you are, though possibly downgrading your room category if that was possible.

Who was your flight originally meant to be with? Who was it booked through?