I have a question about travel insurance. Are you able to assist me? Queensland. Here is the situation. My husband and I

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Customer: Hi Pearl, my name is ***** ***** I have a question about travel insurance. Are you able to assist me?
JA: What state/territory are you in? It matters because laws vary by location.
Customer: Queensland
JA: What steps have you taken so far?
Customer: Here is the situation. My husband and I were to travel to Africa 2 weeks after shut down last year. We booked our trip through TripaDeal and had insurance with RACQ. When everything was cancelled, TripaDeal said they would only issue credits and no refund. Fortunately, we had taken our insurance out in September 2019, so we were covered. We processed our claim with RACQ and were fully refunded. Happy days!! My question is now, RACQ keep chasing me to chase up TripaDeal as they have become aware the company TripaDeal are offering refunds and they want me to get the refund and forward back to RACQ. I have nothing to hide, I just don't think it is my responsibility to chase TripaDeal. Isn't that RACQ's responsibility?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No. I just would like to tell the Travel insurance arm of RACQ that it's not my responsibility
Answered by John Melis in 5 mins 1 year ago
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John Melis
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John Melis
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.

​The first step is to consider the terms and conditions, including those online.

If the agency or third-party is not acting appropriately with refunds or changes to bookings, you may raise a misleading conduct claim.

The Australian consumer law will protect you under the consumer guarantees that apply to all Australians.

May I suggest that you issue a formal complaint in writing to the other party, seeking an assessment/review on the matter and that you require a response within 7 to 14 days subject to your requirements!

Enclosed in this correspondence copies of the terms and conditions of the policy.

Where no response is received, you can then raise a claim in the Tribunal or Court for compensation (refund of your money).

Have I answered your question? If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.

Customer
My issue is not that the insurance company is acting inappropriately as we received our payout very promptly when we claimed. I just want to know if it is my responsibility to chase the travel company so RACQ can receive their funds back?
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John Melis, Expert

As far as with pursuing your monies back from the travel company, where you did book directly in this particular aspect, you would need to pursue it against them. In other words you'll have to chase them directly.

​You’re handling this matter very well.

If there is anything else, big or small, that I can help you with today, please let me know?

Customer
I still don't get it. I'm saying, RACQ gave me all my money back from the holiday through my claim.
RACQ now want me to get their money from Tripadeal for them. Is that not their responsibility? Not the customer's (me)?
Customer
I just want a yes or no
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John Melis, Expert

You do not need to get their money. It is their responsibility to handle it.
Customer
Great. Thanks John :)
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me. Let me know if you have any other questions.
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