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Package Holiday - who's liable if it's cancelled?


Stevo985

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Hi chaps,

quick question. I've got a package holiday booked in June.
We're going to Jamaica in what is technically hurricane season, although the chances that early in the year are extremely slim.

That being said, I want to make sure we're properly insured in the unlikely event of it being cancelled due to adverse weather. 

However, the policies I've looked at so far don't specifically mention adverse weather in cancellations. Delays yes, but cancellations no.

 

So my question is, in the unlikely event of my holiday being cancelled because of a hurricane, are the holiday company liable (i.e. will they refund me or pay for it to be rearranged) or am I liable (i.e. do I need to make sure I'm insured for it so I'm not out of pocket)

The company is Thomson if it makes any difference.

 

I have asked them directly but they seem incapable of giving me a straight answer. They don't seem to want to commit to an answer.

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1 hour ago, Stevo985 said:

in the unlikely event of it being cancelled due to adverse weather.

What is covered under ABTA’s financial protection scheme?

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If you buy in the UK a land or sea based package holiday, such as coach, rail or cruise holiday from an ABTA Member, your money and holiday will be protected by ABTA's scheme of financial protection.

This means, if your travel company goes out of business and your holiday cannot take place, you will be entitled to a refund, this includes your hotel costs. If you are abroad, your transport home will be covered. 

If your ABTA travel agent goes out of business and has not passed the money you have paid them to your ABTA tour operator, don't worry, we will make payment to them on your behalf and you will be able to go on your holiday. 

If you book your holiday from outside the UK, this protection won't apply but other schemes may apply. You should ask your travel company.

I just realised that doesn't say aircraft hols, but a google should find the relevant bit [edit]

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ATOL stands for Air Travel Organisers’ Licence. It is a government-run financial protection scheme operated by the Civil Aviation Authority (CAA).

What you pay in the UK for your package holiday that involves flights and holidays including a flight plus accommodation and/or car hire, must be protected under an ATOL licence.

You will receive an ATOL Certificate from your travel company at the time you make your payment, and you will need to keep the certificate safe.

ATOL cover means that if your travel company fails and your holiday can no longer go ahead you will be entitled to a refund if you are yet to travel, and hotel costs and flights home if you are abroad.

so you should be fine. Especially if you pay with a credit card, which gives further protection.

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12 hours ago, Stevo985 said:

Thanks.

But isn't that all just in the event of the company going out of business?

Damn, yeah. I found this

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Hurricane Matthew forces airlines to cancel flights – what are your rights if your holiday is affected?

If your flight is cancelled and you're stranded it should provide you with assistance, including accomodation

Updated: 7th October 2016, 11:58 am

THOUSANDS of holidaymakers have abandoned plans to travel to Florida and parts of the Caribbean due to a huge hurricane that is battering the coastline.

The state of Florida is now facing its biggest-ever evacuation with nearly two million people being warned to flee Hurricane Matthew.

The category four storm’s 120mph winds are beating down on the state after causing havoc in Haiti, Cuba and the Dominican Republic.

We’ve heard from holidaymakers who’ve had their flights and holidays cancelled as well as hundreds of Thomas Cook customers who were left stranded in their hotel in Cuba.

But what are your rights if your holiday if affected by the storm? We answer your questions:

What happens if my flight is cancelled or delayed?

Unfortunately you can’t usually claim compensation for a flight delay or cancellation which occurs as a result of bad weather – although under EU rules if your flight’s cancelled, you will at least get a refund or be offered an alternative flight.

However, the EU rules might not apply to you. Steve Nowottny, news and features editor at MoneySavingExpert.com, said: “All flights from the UK to US are covered by EU rules, regardless of what airline you travel on.

“However on flights from the US to UK, you’re only covered by the EU rules if you’re on an EU airline. If you’re travelling back to the UK on a non-EU airline, you won’t be covered by the EU rules but it’s still worth checking if any other compensation applies.”

I’m stuck in an area affected by Hurricane Matthew or have been evacuated – what do I do?

If you’re stuck in airport then the airline should provide you with assistance such as food and necessary accommodation.

However, they are unlikely to cover any extra expenses arising from delayed or cancelled flight.

It’s also unlikely that you’ll get any money back from your accomodation, if you booked your flights separately.

However, if you booked an Atol-backed package holiday (the government scheme covering holidays and flights) then you might get your money back.

What about other costs, such as theme park tickets and car hire?

If you’ve got Atol protection and you paid for these activities as part of your holiday then you might get a refund.

However, if you paid for these elements yourself then you probably won’t be able to get your money back.

Will my travel insurance cover me?

It depends on the policy that you have taken out. Many insurers will not cover you for “natural disasters” so you’ll need to check the terms and conditions.

Steve said: “It’s always worth checking if your travel insurance will cover you, so if you’re affected, speak to your provider. But unfortunately again for many this may not be much help.

“Insurers will often class a hurricane as a “natural disaster”, which means in many cases you won’t be covered under a standard policy.”

“If you booked a package with a tour operator or travel agent contact them as soon as possible – they should be making alternative arrangements and can keep you informed.”

Can I cancel my holiday if I’m due to travel to an area affected by Hurricane Matthew?

It depends. As long as your travel operator can provide you with safe, secure and enjoyable holiday then they do not have to refund you or find you an alternative holiday.

If the Foreign and Commonwealth Office (FCO) say that it’s unsafe to travel, then most tour operators will cancel your trip or offer you an alternative.

If you booked your flights and accommodation separately and there is a natural disaster – like a hurricane – then you will need to contact them separately and there is no guarantee of a refund.

 

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