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Old Aug 16, 2019, 8:16 am
  #1  
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Travel insurance

This is not a BA specific question, or not even a EC261 related question, but since I am based in the UK and uses UK travel insurance, I supposed a British Airways forum is the best place to ask. Feel free to move this if there is a better place to file the question under.

Right, background: I live in Orkney, my nearest (and only) airport is KOI. Other airports are WIC (1h30m ferry + 1h drive), INV (1h30m ferry + 3h drive or 45m flight) and ABZ (7h ferry or 1h flight).

In the past: I had always booked BA direct from KOI-SCO (ABZ, EDI or GLA)-LHR-wherever as one PNR ticket. The KOI-SCO leg is a codeshare with LM. This guarantees that I am protected if there are any issues at any stage of the journey (and trust me, those LM SAAB340s always have a problem) and allows my luggage to be checked through to my final destination. Doing so also allows me to take advantage of the Scottish Government's Air Discount Scheme where (usually) my KOI-SCO-LHR-wherever flights costs the same as (or even cheaper than) a LHR-wherever flight.

Today: Now with 2 young kids, I am looking for cheaper alternatives. Also, I typically go to SIN, KUL or HKG, so a LHR flight will be about 12 hours, not easy with 2 young kids. LM has interlining agreements with KL/AF, EK and TK, but these are not covered by the ADS so the prices work out to be similar to or higher than BA's. I can get cheaper flights with EK, for example, flying from GLA/EDI via DXB to SIN/KUL/HKG (or even SQ to SIN from ABZ). This routing breaks the flight down to more manageable 6 hours segment

The problem: Now if my journey does not start from KOI, I need to get myself to the starting airport somehow. Methods include flying with LM to ABZ (1h), GLA/EDI (1h 30m) or ferry to ABZ (7h). With extreme weather being the norm in the northern Scottish Isles, these methods of transportation do get delayed or cancelled frequently, fog cancels planes and wind (and waves) cancels ferries. In 2012, just Christmas, the storms were so bad in Shetland that Tesco had to hire a C130 to fly food in as the island had ran out and no planes or ferry can get in. (https://www.bbc.co.uk/news/uk-scotla...tland-20820222) Some islanders will build an extra day into their journey and spend the night in ABZ/GLA/EDI before their onward travel and the same on their return. I do not wish to do this as it adds extra cost and waste at least 2 days.

THE QUESTION (finally!): If my KOI-mainland connection fails or got delayed, will it be covered under the "public transport failure" section of travel insurances? I know someone being refused a claim as a flight (even it is to "travel to the international departure point") is not considered a public transport? It is quite uncommon in the UK that one needs to take a flight or a ferry to an international airport, so I guess travel insurances are not familiar with such. Therefore my question, where do I legally stand on this if I need to make a claim?

Note: Both the LM flights and ferry are (at least part) funded by the SG, therefore I believe they should be considered public transport? Further more, students and OAP get free travel on the ferry as well (2 returns a year).

Many thanks in advance and apologies if this is not the right place to post this question.
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Old Aug 16, 2019, 8:51 am
  #2  
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Your basic question that you eventually got to asking it is about what delays you insurer will cover or not

In which case you'd be better off asking your travel insurer what your policy covers you for as they and you have the wording and the definitions.
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Old Aug 16, 2019, 9:12 am
  #3  
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Originally Posted by UKtravelbear
Your basic question that you eventually got to asking it is about what delays you insurer will cover or not

In which case you'd be better off asking your travel insurer what your policy covers you for as they and you have the wording and the definitions.
Believe it or not, I had asked before, to claim for a cancelled ferry and they refused my claim. At that time, it was a domestic trip and the lost to me wasn't great, so I did not push it. I did read the wording and definitions booklet, and going by their own document, it appears that I am covered, but I just need confirmation on where I stand legally.

Here is the section on the issue.

Additional costs you have to pay when you travel to your international departure point or you miss a connection and you have taken every reasonable step to ensure you get there on time but you are still delayed on your way because of:
1. cancellation, failure or disruption of public transport; or
2. an accident to or breakdown of the vehicle in which you are travelling

Public transport
Any transport by road, rail, sea or air with a licensed carrier operating a regular and/or charter passenger service on which you are booked to travel.
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Old Aug 17, 2019, 2:34 am
  #4  
 
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Originally Posted by alvinlwh
... I just need confirmation on where I stand legally..

.
Lawyers charge for legal advice because each case is unique and there are consequences if they get it wrong. IMO asking for a legal opinion on this forum has the same weight as a conversation with your mates down the pub
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Old Aug 17, 2019, 4:24 am
  #5  
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Originally Posted by alvinlwh
Believe it or not, I had asked before, to claim for a cancelled ferry and they refused my claim. At that time, it was a domestic trip and the lost to me wasn't great, so I did not push it. I did read the wording and definitions booklet, and going by their own document, it appears that I am covered, but I just need confirmation on where I stand legally.

Here is the section on the issue.

Additional costs you have to pay when you travel to your international departure point or you miss a connection and you have taken every reasonable step to ensure you get there on time but you are still delayed on your way because of:
1. cancellation, failure or disruption of public transport; or
2. an accident to or breakdown of the vehicle in which you are travelling

Public transport
Any transport by road, rail, sea or air with a licensed carrier operating a regular and/or charter passenger service on which you are booked to travel.
They might attempt a definition of "reasonable" as in the steps you are expected to take to ensure you get there in time.

There again, that could be where lawyers and the ombudsman earn their crust.
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Old Aug 17, 2019, 5:50 am
  #6  
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Just to be clear, do not rely on what your insurer tells you. Read the policy document carefully. That especially includes the definitions section. Do not accept the word of phone agents who are generally-speaking low level and poorly-trained.

While your particular situation was a relatively minor one, travel disruptions can become very, very expensive and resolutions under EC 261/2004 may or may not be helpful or acceptable.

However, the last thing one wants to do in IRROPS is to have to consult a lengthy and dense document.
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Old Aug 19, 2019, 7:39 am
  #7  
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Originally Posted by farci


Lawyers charge for legal advice because each case is unique and there are consequences if they get it wrong. IMO asking for a legal opinion on this forum has the same weight as a conversation with your mates down the pub
You are right, which is why when a mate got his claim refused because he missed his holiday due to his flight to the international departure point got turned down, I suspect that the insurers was incorrect. He was told that a flight to catch another flight is not a mode of public transport. I am trying to find out if a flight (especially one that I had listed out, from a place with no other transport option) is defined as a mode of public transport or not?
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Old Aug 19, 2019, 7:41 am
  #8  
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Originally Posted by IAN-UK
They might attempt a definition of "reasonable" as in the steps you are expected to take to ensure you get there in time.

There again, that could be where lawyers and the ombudsman earn their crust.
If located at a place where flying and ferry is the only option to travel, is flying to an international departure point considered "reasonable"?
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Old Aug 19, 2019, 7:44 am
  #9  
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Originally Posted by Often1
Just to be clear, do not rely on what your insurer tells you. Read the policy document carefully. That especially includes the definitions section. Do not accept the word of phone agents who are generally-speaking low level and poorly-trained.

While your particular situation was a relatively minor one, travel disruptions can become very, very expensive and resolutions under EC 261/2004 may or may not be helpful or acceptable.

However, the last thing one wants to do in IRROPS is to have to consult a lengthy and dense document.
My original post was quite lengthy because it was posted on the BAEC forum. I will sum up my question then:
If leaving from a place with no international airport where the only way to get to an international airport is by plane or ferry, is the plane or ferry considered public transport as per travel insurance terms?

P,S, Such places exists in the UK, such as Orkney (where I am), Shetland (where I used to be) and Western Isles.
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Old Aug 19, 2019, 12:14 pm
  #10  
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You would be best to get confirmation from your insurer in writing if you want to be certain that particular circumstances are covered. If the insurer later says that confirmation was "wrong", you would have been missold the insurance and could take this further, for example to the Financial Ombudsman.
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