Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
OK, we had a holiday last August booked but had to cancel due to my wife falling pregnant. She would have been 29 weeks on the flight back and the airline involved recommended that people over 28 weeks not fly.
When I was cancelling, the holiday company assured me that there would be no problem getting my money back, but the insurance company have so far refused as it is covered in their terms and conditions.
Now I'm no solicitor, but I have read the Silver Guide through with a fine a tooth comb and it doesn't say anything about them not paying up. Infact, the only thing mentioned about pregnanct was nothing related to our situation.
We had a letter from the holiday company telling them that we cancelled our holiday, we had a letter from the doctor saying that my wife couldn't fly, and a policy that as far as we where concerned and the holiday company where concerned, covered us in this matter.
I have had numerous correspondance and discussion with them, and they have refused to pay up as their policy states that we are not covered and now we are stuck in a loop and have nowhere to turn.
Okey dokey - here goes... These are the cancellation or Curtailment charges...
At any time:
i) Any medical condition You have in respect of which a medical practicioner has advised You not to travel or would have done so had You sought his / her advice.
.
.
.
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iv) pregnancy or childbirth where YOU are expected to give birth within eight weeks of the start of the Trip, during the Trip or within eight weeks of the end of the trip.
This is the only mention in the booklet...
She wasn't due until 1st January this year and the holiday was August 7th (flight date) with a return of 21st August (when she would have been 28/29 weeks)
It also directs me to the general exclusions on page 13 which is your standard war, terrorist attacks, invasion etc...
the airline involved recommended that people over 28 weeks not fly.
recommended or wouldn't allow?
Also, why did your dr say she cdn't fly? Was there a PMH of miscarriage, is your wife of more than average "delicate" dispostion? Sorry for asking all these questions.
A-ha. Just spotted something else from your post:
She wasn't due until 1st January this year and the holiday was August 7th (flight date) with a return of 21st August (when she would have been 28/29 weeks)
So, 29 weeks + 8 weeks = 37 weeks. Normal pregnancy: 40 weeks. That's the reason for them turning down your claim. According to policy, there was no reason for you not to travel, so no cover for cancellation.
O-k. Now, I really need to know the answer to my first 2 questions then, and we'll take it from there. Sorry, it's like unravelling wool, sometimes.
Apologies to people who I was in the process of helping, I may be gone some time.
Recommend or wouldn't allow?
It says on their website that people over 28 weeks pregnant should not fly. They didn't tell her not to fly. i rang up to confirm that this was the case, as we had saved hard for the holiday I can't remember the company, but can find out - it's with all my documents.
Dr Said Couldn't Fly?
My wife was having to go in to the doctors regularly for blood tests as her iron counts where very low, so he said that it would be best we did not fly... Plus - Egypt at 45 degrees is no place for a pregnant lady!
As for the last bit...29 weeks + 7...
it's saying that she would not be covered if she was due to give birth within eight weeks of the start of the Trip, during the Trip or within eight weeks of the end of the trip.
But from past professional knowledge, I'm pretty sure that this is the reason for them declining your claim.
I suspect that you're looking at the wrong place. Basically, what you're referring to has to do with s/one booking or actually travelling within the restricted time, and the insurance saying they wouldn't cover if you then cancelled or if she were to give birth during that time. That's not the relevant part to your claim.
Sorry, I really can't be more specific without the policy.
Apologies to people who I was in the process of helping, I may be gone some time.
I do have a scanner yes, so I will scan it all in (i've just tried to search the web to see if someone hadn't already done it )
What really confuses me though, is that on the next page (14) it states that they will pay up to £1,500 for any irecoverable unused travel and accom costs and other prepaid charges if
a) cancellation of the trip was neccessary and unavoidable
Cheeky monkeys if you ask me...
Will scan this tomorrow night, as I am knackered now and have to get up early for work in the morning!
I work for numerous travel insurance companies in the Travel Insurance Claims department actually settling peoples claim...
The Exclusions in the Cancellation section of your policy are very specific, but there are normally ways to word certain things..
Can you tell me what insurance company and scheme you have your insurance with? If you dont want to say it publicly, feel free to message me.
Cancellation for Pregnancy is a very grey area in the policy. If the pregnancy was diagnosed before you took the insurance, or booked the holiday (whichever is later) then there is no cover if the Date Of Expected Birth is within 8 weeks prior, or after the holiday. If however, the pregnancy was confirmed *after* you booked the holiday, or the took the insurance - then there shouldnt be many problems in covering as you did not know about the pregnancy before you took the insurance/booked the holiday. - What the airline rules are make no difference to the cover of the policy.
The main reasons for the pregnancy exclusion in your policy, is to stop people claiming for general pregnancy. At the time of the claim form, there would've been a Medical Certificate where your GP would need to complete some questions regarding the medical condition. If your GP confirmed that it was "medically necessary" for your partner/wife to stay at home and NOT travel on holiday then again, there shouldn't be any problems (depending on the date the pregnancy was confirmed)
As I said, some policies work differently, and some insurance companies have slightly different rules on this so I cant be exact, and dont take the above as factual - but the companies/scheme I work with all work how I just explained above.
To be honest, Its worth messaging me the company your having problems with as if it's one I deal with I can take a deeper look into it for you
1st of all may i apologise to bookworm as I am having problems with my scanner at home so have not been able to scan the booklet in. Hopefully this problem will be rectified soon.
As for the lovely comments by MrMatteh - I booked the holiday in October 2004 therefore would have been a very long pregnancy!
As for the insurance company... Will message you now - but to give everyone a clue - all their staff should be given the axe.
The only update I can give at the moment is that I have a complaint form from the ombudman that I need to fill in as Axa (oops) are still adamant that they do not have to pay me.
I still haven't managed to scan the booklet in as there is smoke pouring out of my scanner but I have a week off work next week so will pick up a new one and scan the booklet in for Bookworm.
You said that when you called to cancel the people advised you that you would have no problem in gettig the money back, also was it over the phone when you were told your wife should not fly? If it is a big compnay then ask them for a call investigation to find out exactly waht was said in yoyur call.
The reason I ask is because I had a problem with my insurance company over a missed flight, and they did a call investigation on the call when the person told me I would be getting refunded for the extra money I paid out, but when I submitted my claim they refused. The call investigation unit confirmed what I had said, and due to one of their employees giving me the wrong information I got the money back.
Holiday Insurance Refused To Pay Up
last August booked but had to cancel due to my wife falling pregnant. She would have been 29 weeks on the flight
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