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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78227
Experience:  Qualified Solicitor
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I would like to discuss my options about getting refund for

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Hello, I would like to discuss my options about getting refund for package holiday, which has not started yet. I meant to be traveling with my wife to Cape Verde on 30th of June 2022. but only on 14th of June we found out
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: I have tried to contact TUI travel agent who sold me the holiday, but because it is less than 30 days to travel I will loose all £2.5k.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The reason for cancelation is that on the day 14th of June me and my wife found out we are expecting a baby that the destination we are traveling to has Zika virus which can be very dangerous to pregnant woman. that is the reason we had to cancel the holiday. I also have travel insurance which has trip cancelation cover.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.

Does your insurance cover you for cancellation for these reasons? I also wanted to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I am dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 13 days ago.
Hi Ben, the policy document only states that commence date is 6th of June - day of insurance policy purchase and that I have cancellation cover, not the reasons.
Customer: replied 13 days ago.
My point is that at the time I purchased the holiday on 4th of April 2022 I had no idea Zika virus existed and we did not planed to get pregnant. There was no information from the TUI provided about Zika virus and its risks to pregnant woman. The midwife has advised us not to travel as the risk to health is too high.
Customer: replied 13 days ago.
which we found out about on 14th of June 2022.

Thank you very much for clarifying. Have you checked the booing terms to see that there are indeed cancellation provisions which make you liable for the full cost at this stage?

Customer: replied 13 days ago.
because I have contacted the TUI holiday provider they said if it is less than 30 days from departure date, I have 100% cancelation fee. I have found terms and condition for my travel insurance and I would like to send you a picture of 1 page I believe could be applicable in this case.

Thank you and have you contacted the insurance provider to check about this?

Customer: replied 13 days ago.
not yet I shall do it tomorrow, I wanted to still go on holiday and find a way to convince travel agency to change destination without loosing original cost of holiday. but now I believe the only option is to try insurance claim
Customer: replied 13 days ago.
I wont take more of your time, I just would like to know if I have chance with the claim, if my travel insurance should cover this case as it is bit more unusual.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

As far as TUI are concerned, they would have no obligation to allow you to cancel without penalty, or waive any of the cancellation fees. Additionally, they would not have had a legal obligation to discuss the Zika virus before you booked and that is something you would have had to research yourself, before deciding on whether that destination is suitable for your travel plans.

Therefore, the only option would be the insurance which you had in place. The clause you highlighted may indeed help you, but do not be surprised if they try and find a way to avoid cover – insurers are notorious for often trying to find ways to avoid paying out, so as to minimise their liabilities and find loopholes to do so.

If that was to happen, do not despair – you can appeal and escalate it as far as possible with the insurer first, before looking at taking this to the Financial Ombudsman. I have personally had two separate insurance claims rejected before, after which I took the matter to the FO and won both, getting the pay-outs I was due at the start.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 13 days ago.
thank you for an exhaustive answer. have a lovely evening

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best.

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