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'Not unforeseeable': complainant loses missed flight dispute

A traveller who missed her flight due to a luggage delay will not be compensated for her losses after a dispute ruling backed her insurer’s decision to decline the claim. 

The insured lodged a claim for flight and accommodation losses after missing her flight from Amsterdam to Abu Dhabi, which departed at 11:40am local time.

The complainant had landed in Amsterdam from Zagreb at 10:30am but was unable to collect her luggage in time to check in for the missed flight. Her luggage was eventually found seven hours later.

Zurich Australia declined the claim, saying the claimant did not leave herself enough time in between her flights.

But the insurer also says that the loss would not have been covered by the policy even if she had allowed more time. 

The claimant argues that the incident had been unexpected and should have been covered by the policy.

The Australian Financial Complaints Authority (AFCA) agreed with the insurer’s assessment that the policy did not respond to the loss.

“I am not satisfied missing a flight due to a seven-hour delay of luggage is an event covered by the policy,” AFCA said. 

AFCA acknowledged the unfortunate circumstances of the delay but said it was not “unforeseen” that the complainant would not have enough to transfer between flights, given the short interval.

“It is not unforeseeable this would not be enough time to collect luggage and check-in to the next flight,” AFCA said.

“This is supported by the claim lodgement summary in which the complainant says her grandmother had questioned how there would be enough time between her flights.

“Even if I was to accept the missed transfer was both unforeseen and outside the complainant’s control (which I do not), it is not covered.

“This is because missing a flight due to luggage being delayed by up to seven hours is not covered under the policy.”

Click here for the ruling.