Travel Claim Services Ltd on behalf of ASDA Travel - Breach of contract(or is it)?

[kjun]

Hello all

 

I am in need of a second opinion of what I believe to be a brush off by my travel insurance company regarding a claim for accommodation that I booked in Lanzarote that I was unable to utilise in June.

 

I submitted a claim with a copy of the email from the hotel advising the accommodation was non refundable, a copy of my credit card statement showing what I paid, the original booking email showing payment which also states it’s non refundable and a copy of the emails from EasyJet cancelling the flights.

 

I have received a response from the insurance company representatives Travel Claim Services Ltd on behalf of ASDA Travel (underwriters are MAPFRE) referring me back to the credit card company to make a Section 75 claim.

 

Now I thought this is what travel insurance is for and they are just fobbing me off back to the credit card company as my policy documents clearly state they will pay for any accommodation I cannot recover in the event of advice from the Foreign Office issuing advice not to travel following an epidemic which is pretty much exactly what has happened....

 

Would this be regarded as a simple breach of contract by not doing what they say they will in the event of the prescribed conditions which have been met and agreed to by the parties or am I over simplifying and would this be considered sufficient as a cause of action should I look to recover my claim using MCOL?

 

Cheers in advance 

 

Kjun

[Kyosanto]

Not sure how to deal with this, but wouldn't the easiest be to just fill the S75 claim as advised?

 

If that's refused you then have grounds to go back to the insurer. They can't fob you off forever.

[kjun]

Well yes it would be easier to attempt a S.75 claim with the bank first however it just doesn’t seem right that the bank should be liable as I thought this is what travel insurance is for.

 

Perhaps I’ll ask them to do a chargeback at the same time for the insurance premium as it doesn’t appear to be fit for purpose nor are they providing the service paid for.....

[Kyosanto]

Insurers will always try and avoid paying you if someone else can be made responsible for your loss. There is nothing new under the sun or special about this.

 

Sometimes they fob you off for way longer than necessary but in your case I dont think it's particularly unresonable... Are you absolutely convinced that the hotel was lawful in denying you this refund? Your insurer is clearly thinking not. 

 

Their job is to pay you if you can't recover your funds. It's not to make it more convenient for you to get your money back without pursuing the available avenues.

 

You are being awfully kind to your bank btw. I don't think they will lose anything from your chargeback...

[kjun]

While I accept your point when it’s included within the policy document that payment will be made for loss under prescribed conditions which have been met then I don’t agree it is unreasonable to expect them to fulfil their obligations.

 

Having contacted the bank they are unsurprisingly of the opinion that my first point of call is my travel insurance and FCA guidance is that the insurance company can pay out then take it up with the bank should they wish.

 

I am not well versed in Spanish consumer law so can’t say either way whether this is lawful or not however this is not really for me to figure out having paid for insurance covering certain circumstances which subsequently occurred.

[Kyosanto]

Have you got your bank's response in writing? 

 

That sounds like the argumentation you needed to get the insurer to fork out!

[kjun]

I will have in 7 days time and having been here for a long time the call was also recorded