Travel Insurance - Traveller wins claim case against travel agency - 23/10/2008

A traveller who had his claim for the loss of souvenirs rejected by a travel agency has won a court case against the firm.

Reports said Christian de Bukkiatzabu, a Dublin-based Belgian translator, was returning from Bombay when his luggage went missing on a stopover at Charles de Gaulle Airport in June 2005.

When he later opened it at home after it had been found he discovered that the souvenirs he bought for his family were missing.

But the agency, Club Travel, refused to pay out on the travel insurance he bought for €56 (now about £45) while purchasing his ticket.

The company argued that the Mr de Bukkiatzabu did not read the small print on his policy, which said jewelleries were not covered and that a customer had up 24 hours to report theft to the police, which he did not do. It thus denied liability.

But the traveller said he was not told about the exclusion clause when he was advised to take out the insurance policy by an agent.

Ruling that Club Travel did not bring the exclusion clause to the attention of the plaintiff, Judge John Coughlan ordered the former to pay the latter €4,700 (about £3,734) for the jewellery, silk and carpets taken from his bag.

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