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Can I cancel my Greek holiday if it’s too hot there? Consumer rights lawyer DEAN DUNHAM replies
I’m supposed to be going on a big family holiday to Greece with grandparents and little ones in tow later this month.
But the heat looks unbearable, and I’m worried about the fires, too.
Can I postpone the holiday — would my travel insurance cover this?
Hannah Metcalfe, Cambridge.
Heatwave: A reader is wondering whether to postpone a family holiday to Greece because she is worried about the high temperatures and risk from forest fires
Dean Dunham replies: You need to look at the terms and conditions attached to your travel insurance policy to find out what circumstances and events will give rise to a claim.
There are three instances where you could potentially cancel and make a claim on your insurance.
The first is if you cancel on medical grounds and are able to obtain a doctor’s certificate saying that you can’t travel due to the excessive heat as this will make a medical condition worse.
The second is if the UK Government issues a warning advising against all but essential travel to your destination due to heat.
The third is if a state of emergency lasting more than a few days is declared at your travel destination. I would advise you to check gov.uk/foreign-travel-advice before you travel.
A word of warning: if you were aware of the excessive heat at your travel destination before you made your booking, your insurance provider will be able to use this against you and decline your claim.
In all other circumstances, it is most unlikely you will be covered, as your insurer will likely say that nothing is preventing you from travelling and will label this as ‘disinclination to travel’, which will rarely be included in a policy.
Can I demand a refund if my flight is cancelled?
My flight is one of the 1,700 cancelled by easyJet earlier this month, many of which were due to fly from Gatwick between July and September. I’ve been offered another flight but I just want my money back.
Can I demand a refund and will I also receive compensation?
Abigail Connor, Wembury, Devon.
Dean Dunham replies: When an airline cancels a flight it has an obligation to try to find passengers alternative flights, which is often referred to as ‘re-routing’.
Passengers then have the option to accept the alternative flight or to receive a full cash refund.
Likewise, if an alternative flight cannot be found you are entitled to all your money back — not just vouchers.
Your right to compensation depends on two factors: how much notice the airline gave you of the cancellation and the cause of the cancellation.
The law, known as UK261 or, in Europe, EU261, says that where notice is provided less than 14 days prior to the date of departure, the airline must pay compensation.
This is unless you are provided with an alternative flight and are delayed for less than two hours in reaching your final destination, or if the cause of the delay was outside of the airline’s control and therefore falls within the definition of ‘extraordinary circumstances’.
Airlines will often claim the cause of the delay or cancellation falls within this definition. If you receive notice of cancellation more than 14 days in advance of the date of departure you will not be entitled to compensation.
The good news is that I understand easyJet is not claiming the cause of these cancellations falls within the definition of ‘extraordinary circumstances’, so those who received less than 14 days’ notice prior to the date of departure may be in line for compensation.
- Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. No legal responsibility can be accepted by the Daily Mail for answers given.
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