My wife's passport was stolen — can we get a holiday refund?
We thought that we would be covered by our travel insurance and reported the issue to Aviva straight away, but it has rejected our claim on the grounds that we had started our holiday and so cancellation cover does not apply. The policy appears to cover circumstances where a passport is lost or stolen in the seven days before travel, however, it states that the holiday commences the moment you leave home, so you cannot cancel after you have stepped out of the front door. I am not sure if this is an industry-wide standard.
The insurance is a benefit that I get through my current account, so I am going to complain to my bank — the policy terms appear to have changed in the past 12 months and I think there would have been no issue previously. Do you have any advice that could help my claim?Paul, London
As someone who obsessively checks his passport on the way to the airport, this letter struck a chord with me. But sadly, it's highly unlikely that your claim will succeed.
Travel insurance covers a vast range of potential scenarios, from lost luggage to natural disasters, which is why policies can be so lengthy and convoluted. The amount of money you can claim depends on policy limits, the situation that has led to the claim and what the policy does (and doesn't) cover.
Travel insurers will generally pay for costs that arise if you lose your passport on holiday. This may include replacing emergency travel documents, accommodation, the cost of making calls and flights.
However, if your passport is lost or stolen in the run up to the holiday, you are usually only able to claim for the cost of replacing the passport, not the curtailment (to use the official term) of the holiday. Some policies may not even cover you for this.
Aviva told me that some insurers may cover the costs associated with replacing a stolen, lost or damaged passport while abroad, although terms vary from policy to policy, so it was important for customers in doubt to contact their insurer directly.
I've searched in vain for a travel policy that might pay out for a curtailed holiday as a result of a lost or stolen passport before travel. That's not to say one doesn't exist, because there are a lot of travel insurance policies out there, but it does seem highly unlikely, based on my research.
• We nearly missed our daughter's wedding, with no flight compensation
I understand why people might think that a claim made under these circumstances would succeed, but it's important to bear in mind that travel insurance doesn't cover you for everything that could go wrong with your trip — even if you are not at fault. For example, one of the more common disputes involves not being able to get to the airport on time as a result of traffic problems or cancelled trains. The situation is out of your hands, but is unlikely to be covered by your travel insurance.
Passports are the only completely essential item required for a foreign holiday. If you lose yours, even after you have checked in at the airport, you will not be allowed to fly because you won't be granted entry to any other country. Nor will you be allowed to travel if your passport is nearing its expiry date or is damaged. The moral of the tale is: keep your passport close at all times. If you lose it, you can't travel.
It's unlikely that routine annual changes to a travel insurance contract would have made a difference in this case. However, if you were unaware of the T&Cs around lost or stolen passports, you can sometimes argue that it should have been brought to your attention.
However, while it's possible to make a complaint that 'key facts' in the contract were not made clear — and sometimes win compensation from the insurer or through making a complaint to the Financial Ombudsman — that is unlikely to help in this case. That's because the insurer can argue that if you had been aware of the clause, it wouldn't have made a difference to the incident: the theft of the passport.
• 10-year passport rule: is yours valid for EU travel?
Anyone reading this who is suddenly getting chills about where their passport is, or its expiry date, there are options available. The Passport Office has two emergency options for panicking travellers needing new documents: the fast-track application service that costs £178 and takes one week and the premium service, which costs £222 and takes one day. The usual charge for a passport is £94.50 for an online application or £107 by post.
You'll need to report your passport lost or stolen, and then to book an appointment (this takes two days to confirm for the premium service and one day for the fast-track service. At peak times (ie now) these timescales may be longer. You will also need all your supporting documents and photographs — no smiles, no background — to hand.
Martyn James is a consumer rights campaigner covering everything from energy bills to cancelled flights and pothole claims
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