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Travel Insurance - Limited Liability

  • 19-10-2020 1:48pm
    #1
    Registered Users, Registered Users 2 Posts: 115 ✭✭


    Hello,
    I was due to travel to Disneyland / Universal in April on a family holiday. I took out a two-week Premium travel insurance (I also paid extra to cover for natural catastrophes).

    The trip was cancelled due to the corona virus. I managed to get a refund for the flights and hotel directly from the travel company, but was advised to hold off looking for a refund concerning the attraction tickets until things settle down (tickets are valid for a year).

    I just contacted the travel company for an update today, and they advised, that only 80 % of the attraction tickets are refundable and I would lose 20%, which is almost 1,000 Euro hit in my case. They also advised that the tickets will automatically be extended for an additional six months If I decide not to take a refund.

    It is unlikely now that we will get to travel next year and I contacted the Insurance company about claming the 20% shortfall. They advised that I cannot claim the 20% shortfall because the tickets validity has been extended, the tickets are still valid and I can still travel anytime up until October next year. They advised that any loss would be my responsibility as I was the one who decided not to travel in the future.
    My travel insurance was for two weeks in April, I did not travel in April, and I no longer have a hotel or flights arranged. The Insurance company advised that I could book a new hotel and flights and still use the tickets before October, so they are not accepting liability. Are the insurance company correct denying liability for the 20% shortfall I will lose by seeking a refund on my attraction tickets?


Comments

  • Moderators, Business & Finance Moderators Posts: 10,606 Mod ✭✭✭✭Jim2007


    782378 wrote: »
    Are the insurance company correct denying liability for the 20% shortfall I will lose by seeking a refund on my attraction tickets?

    Without knowing the terms and conditions of the policy it is going to be impossible to give you a correct answer.

    I would be of the option that it was your intention to ensure your complete trip and not individual parts of it. It did not happen and the validity date of the tickets is irrelevant. And as such you should be entitled to a full refund. But it really depends on the contract.

    Can you clarify, did you spend 5k and are about to loose 1k or 1k and about to loose 200?


  • Registered Users, Registered Users 2 Posts: 115 ✭✭782378


    Hi,
    I spent 5k, and am due to lose 1k.

    The holiday did not go ahead, I no longer have flights booked or hotel.

    The Insurance company advised that I could book a new hotel and flights and still use the tickets before October, so they are not accepting liability.

    I no longer have financial means to book new flights or hotel so I definitely will not be travelling before the attraction tickets expire.


  • Registered Users, Registered Users 2 Posts: 3,799 ✭✭✭Doodah7


    You spent FIVE THOUSAND EURO on tickets for theme parks?

    You need to press harder with whomever you bought the tickets from for a refund or you are going to be down a grand.


  • Moderators, Business & Finance Moderators Posts: 10,606 Mod ✭✭✭✭Jim2007


    782378 wrote: »
    The Insurance company advised that I could book a new hotel and flights and still use the tickets before October, so they are not accepting liability.

    Well I have yet to meet an insurance company that would disadvantage themselves in interpreting a policy....

    They are suggesting that you insured individual components of the trip, where as I would suggest that you did nothing of the sort, you insured the trip in it’s entirety, it did not happen so you are entitled to the refund.

    Have you read the T&C of the policy. Does it say the can break down the trip in this way?


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    This sounds pretty appalling. Even if the T&C say that each element of the insurance is a separate cover, interpreting and applying that in this way seems most unfair.

    The Financial Services and Pensions Ombudman will investigate complaints against insurance companies.

    You need to follow this up first of all with your insurer by lodging a complaint with them and going through their complaints resolution procedure. Do this entirely in writing and not at all by phone; you will need the paper trail to show that you properly follwed the insurance company's complaints resolution procedure.

    If you follow the insurance comopany's procedure to the end and get no joy, then you can complain to the ombudsman.

    There's an outline of the process here.


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  • Registered Users, Registered Users 2 Posts: 3,053 ✭✭✭Eggs For Dinner


    Can you clarify something? At the time the flights and hotel were cancelled, were you given the option of cancelling your attraction tickets? If so and you chose to hang on to them, you might be in difficulty if flights and hotels afe now available up to the expiry of the attraction tickets. Technically, you could be considered as choosing not to travel.

    If you were not given the option to claim for your attraction tickets initially, I think you have a good case to claim. The event must be seen in it's entirety. Policy wording will be crucial here


  • Moderators, Business & Finance Moderators Posts: 10,606 Mod ✭✭✭✭Jim2007


    Well we don’t know the actual policy the OP took out...

    But having read the T&C of Disney holidays itself, it does draw a distinction between the tickets and the package, the package being flight, accommodation and other travel services such as the meal plan. Unfortunately it might support the insurance company’s interpretation of dealing with the tickets as a separate cover.

    It’s go to come down to the wording of the policy.


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