Tra emancipazione digitale e difesa dei diritti
di Paolo Benanti
This is the bitter discovery of many travellers left stranded after the cancellation of their flight due to the United States and Israel attack on Iran that made much of the Middle East airspace missile-prone for civil aircraft: travel insurance does not cover replacement flights or hotel stays in the event of a 'no fly zone' and flights cancelled due to war-related airspace closures. Passengers on the approximately 23,000 flights that never departed from or to global hubs in the Persian Gulf such as Dubai, Abu Dhabi and Doha, have to rely on the same airlines to reschedule their return journey or gear up to pay the ticket cost out of their own pockets and claim compensation once home.
Meanwhile, the operations for the return of Italian citizens from the Gulf region are continuing. According to data provided by the Farnesina, about 8,900 Italian tourists are registered in the Middle East (92 in Bahrain, 948 in Qatar, 6,536 in the United Arab Emirates and 1,386 in Oman). Two direct flights to Fiumicino will depart from Mascate, Oman, with a total of about 350 people on board. Two planes are also scheduled to depart from Malé, the capital of the Maldives, to Fiumicino and Malpensa respectively, facilitated by Farnesina, with about 60 passengers on board. To these numbers are added the commercial flights organised independently by the airlines, in order to facilitate the repatriation of the more than 6,000 Italian tourists to Thailand and the Maldives.
The war in the Middle East has brought to light a gap in an industry with an estimated global value of almost $26 billion ($756 million for Italia according to Hellosafe's Travel Insurance Barometer): guarantees may include payment of a sum in the event of death or disability caused by an accident during travel, re-entry for medical reasons, dispatch or referral of a doctor in case of need, reimbursement of medical expenses, coverage for damage caused by theft or robbery of luggage, and expenses for delayed delivery of luggage. But companies exclude war-related claims.
This is also the case for the largest groups such as, for example, Allianz: in the summary of key information on the 'travel care premium' insurance product (the most expensive and the one with the largest scope) to the question "are there any limits to cover?" the first answer is "war or acts of war" i.e. "any act that is associated with and occurs in the course of a war or directly triggers it". And the 28 February attacks on Iran fully fall within this definition. Which is offered at length in the 'definitions' chapter: 'The state or period of hostile armed conflict, civil war or military or paramilitary action, between two or more of the following: nation, state, government, territory or organised political or leadership group. This includes all acts or events directly associated with and occurring in, or directly triggering, such conflict or action. This definition applies regardless of whether war has been officially or formally declared'.
So what can passengers involved in the coas of the skies do? A precise vademecum is offered by Assivia, which suggests three moves: the first is to immediately contact the airline for information on re-routing (the allocation of a new alternative flight by the airline, free of charge) or a possible refund of the original ticket, but paying attention to one detail: "If the refund of the original ticket is accepted, the contract with the airline is considered terminated and any new return flight purchased will be entirely at the passenger's expense. Once the refund has been obtained, the airline will no longer be obliged to guarantee assistance or re-routing, since with the refund the contract of carriage between the passenger and the carrier is considered terminated. Second tip: 'Keep all communications received from the airline'. Finally, collect receipts and invoices for any expenses incurred. Everything will be used to prepare a claim for reimbursement once you get home. Which is not a compensation claim under the Charter of Passenger Rights: this can only be claimed if direct liability of the carrier is proven.