Is this an unfair T & C that could be unenforceable
Discussion
Just wondering as per the title really.
Trying to keep it short as I can, but it isn't going to be easy.
Booked a Cunard cruise in January, took out insurance recommended by Cunard specifically. Mrs E had a Drs appointment in Feb & they need to do another check that is for something minor.
As per the insurance Ts & Cs we informed the insurance co of the change in circumstances & they said they can't now insure us as the procedure may find something worse.
Drs won't say we can't travel as there is no reason we can't travel, so won't sign for a medical cancellation insurance claim and the insurance co won't refund without this.
So it seems we may not be able to claim a deposit refund on the insurance.
This is the crucial part now.
Phoned Cunard Customer Svc & even though the cruise is full and they have a waiting list of stand bys (so by now 3 hours later they will have already sold our place and sold it for more money in all likelihood) they are refusing to show goodwill to refund the deposit as it is in contravention to the Ts & Cs.
Is it fair they can keep our money for free, as it doesn't feel very fair?
Trying to keep it short as I can, but it isn't going to be easy.
Booked a Cunard cruise in January, took out insurance recommended by Cunard specifically. Mrs E had a Drs appointment in Feb & they need to do another check that is for something minor.
As per the insurance Ts & Cs we informed the insurance co of the change in circumstances & they said they can't now insure us as the procedure may find something worse.
Drs won't say we can't travel as there is no reason we can't travel, so won't sign for a medical cancellation insurance claim and the insurance co won't refund without this.
So it seems we may not be able to claim a deposit refund on the insurance.
This is the crucial part now.
Phoned Cunard Customer Svc & even though the cruise is full and they have a waiting list of stand bys (so by now 3 hours later they will have already sold our place and sold it for more money in all likelihood) they are refusing to show goodwill to refund the deposit as it is in contravention to the Ts & Cs.
Is it fair they can keep our money for free, as it doesn't feel very fair?
Edited by E-bmw on Sunday 2nd June 20:10
E-bmw said:
Just wondering as per the title really.
As per the insurance Ts & Cs we informed them of the change & they said they can't now insure us as the procedure may find something bigger.
One of the reasons you took out insurance is in case you couldn't go due to a medical issue. You now can't go because your insurance is to be pulled, due to a medical issue. Hence you now have a claim on the policy.As per the insurance Ts & Cs we informed them of the change & they said they can't now insure us as the procedure may find something bigger.
You need to call the insurers and demand to speak to someone senior, and tell them they either continue with the insurance so you can go, or accept the claim for cancellation due to a medical issue. I don't think they can have it both ways. Point out the insurance principle of proximate cause. The proximate cause of the claim is the medical issue, as their refusal to cover you is not a new and independent cause, it's because of the medical issue. Point out their obligations under TCF (treating customers fairly) regulations. Use that phrase, because in conjunction with proximate cause, it'll make it seem like you know what you're talking about even if you don't. If they don't play ball, ask them to send you full details of their complaints procedure that you need to go thru in order to be clear to refer the case to the ombudsman.
Edited by TwigtheWonderkid on Sunday 2nd June 19:41
5lab said:
Can you get insurance with someone else?
Cunard can only legally keep their costs out of the deposit. On something like this I'd think that's maybe a couple of hundred pounds max
Cunard only recommend one so we have had to go with them, and I would imagine if we insure now it would be classed as a "pre-existing medical condition" which would make things much worse.Cunard can only legally keep their costs out of the deposit. On something like this I'd think that's maybe a couple of hundred pounds max
No, they are keeping the full deposit, in fact it is a good job we didn't pay in full up front as we normally would, who knows if they would be trying to keep that also.
Just looked at the policy for Staysure, who we've used for last couple of trips, and under "Changes to your health" it says:
"If we are unable to continue to provide cover, or if you
do not wish to pay the additional premium you will be
entitled to make a claim under Section 1 (Cancellation)
for costs which cannot be recovered elsewhere for
trips booked prior to the change in health."
...which could only be as you'd expect. How can an insurer do anything else?
If you can't get hold of anyone sensible then I suppose you have to go through their complaints procedure and then the FOS. Or contact the consumer complaints section of your favourite newspaper.
"If we are unable to continue to provide cover, or if you
do not wish to pay the additional premium you will be
entitled to make a claim under Section 1 (Cancellation)
for costs which cannot be recovered elsewhere for
trips booked prior to the change in health."
...which could only be as you'd expect. How can an insurer do anything else?
If you can't get hold of anyone sensible then I suppose you have to go through their complaints procedure and then the FOS. Or contact the consumer complaints section of your favourite newspaper.
Sheepshanks said:
Just looked at the policy for Staysure, who we've used for last couple of trips, and under "Changes to your health" it says:
"If we are unable to continue to provide cover, or if you
do not wish to pay the additional premium you will be
entitled to make a claim under Section 1 (Cancellation)
for costs which cannot be recovered elsewhere for
trips booked prior to the change in health."
...which could only be as you'd expect. How can an insurer do anything else?
If you can't get hold of anyone sensible then I suppose you have to go through their complaints procedure and then the FOS. Or contact the consumer complaints section of your favourite newspaper.
Indeed. Kind of what I was alluding to in my initial reply. The key to this is getting to speak to someone sensible. Unfortunately, that's not always easy. Insurance is largely computer driven and automated so human beings are rare and human beings who are not basically call centre button monkeys are rarer still. "If we are unable to continue to provide cover, or if you
do not wish to pay the additional premium you will be
entitled to make a claim under Section 1 (Cancellation)
for costs which cannot be recovered elsewhere for
trips booked prior to the change in health."
...which could only be as you'd expect. How can an insurer do anything else?
If you can't get hold of anyone sensible then I suppose you have to go through their complaints procedure and then the FOS. Or contact the consumer complaints section of your favourite newspaper.
It's the price we pay for most of us choosing insurance on price only. The whole thing has become a race to the bottom.
TwigtheWonderkid said:
Sheepshanks said:
Just looked at the policy for Staysure, who we've used for last couple of trips, and under "Changes to your health" it says:
"If we are unable to continue to provide cover, or if you
do not wish to pay the additional premium you will be
entitled to make a claim under Section 1 (Cancellation)
for costs which cannot be recovered elsewhere for
trips booked prior to the change in health."
...which could only be as you'd expect. How can an insurer do anything else?
If you can't get hold of anyone sensible then I suppose you have to go through their complaints procedure and then the FOS. Or contact the consumer complaints section of your favourite newspaper.
Indeed. Kind of what I was alluding to in my initial reply. The key to this is getting to speak to someone sensible. Unfortunately, that's not always easy. Insurance is largely computer driven and automated so human beings are rare and human beings who are not basically call centre button monkeys are rarer still. "If we are unable to continue to provide cover, or if you
do not wish to pay the additional premium you will be
entitled to make a claim under Section 1 (Cancellation)
for costs which cannot be recovered elsewhere for
trips booked prior to the change in health."
...which could only be as you'd expect. How can an insurer do anything else?
If you can't get hold of anyone sensible then I suppose you have to go through their complaints procedure and then the FOS. Or contact the consumer complaints section of your favourite newspaper.
It's the price we pay for most of us choosing insurance on price only. The whole thing has become a race to the bottom.
Unfortunately the comment about price is neither true in this case as Cunard only recommend this particular insurer & they are not cheap, as in virtually £200 insurance for a 10 day cruise.
E-bmw said:
Cunard only recommend one so we have had to go with them
Part 2 doesn't really connect with Part 1. I suspect some law says you are not obliged to use Cunard's favourite insurance company with which they doubtless have a commission deal.I would see what Insureandgo etc come up with. If they say 'Sorry we cannot cover Cunard cruises' at least you tried
Simpo Two said:
E-bmw said:
Cunard only recommend one so we have had to go with them
Part 2 doesn't really connect with Part 1. I suspect some law says you are not obliged to use Cunard's favourite insurance company with which they doubtless have a commission deal.I would see what Insureandgo etc come up with. If they say 'Sorry we cannot cover Cunard cruises' at least you tried
Apparently the medical centres on cruise ships make an absolute fortune.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff