travel insurance including force majeure

• Home     Policy Wording Explained     What is Force Majeure?

[email protected]

What is Force Majeure?

Force Majeure is an event that happens outside of your control, including natural disasters, civil unrest, ‘acts of God’and any other unforeseeable event that could disrupt your trip.

The 2010 Ash Cloud disaster in Iceland is a prime example of force majeure. Thousands of unsuspecting travellers were left stranded abroad when the majority of European airspace was closed for 5 days following the eruption of Mount Eyjafjallajökull. Despite almost everyone remembering the Ash Cloud incident, very few of us have a clear understanding of what force majeure cover is and the protection it offers should the worst happen.

A force majeure event could prevent you from enjoying your holiday, which is why it is an essential part of your travel insurance cover.

Although cover is easy to overlook – should a natural disaster occur before you are due to travel or during your holiday – this policy could end up saving you a lot of money.

What does Force Majeure on my travel policy cover me for?

Being disrupted on your holiday as a result of a sudden or chance occurrence isn’t the greatest feeling however, having Force Majeure on your travel insurance policy will save you a lot of hassle if you’re affected. Generally, force majeure is not offered as standard on policies – however, you may find it as an extension or a policy add-on.

The policy will cover you for; natural disasters or major incidences such as storms, floods, earthquakes and extreme weather conditions. You may also be covered for political unrest, civil or military disturbances, nuclear catastrophes, insurrection and rebellion. Acts of terrorism , however fall under a separate section of the policy and are not covered by force majeure.

In order for cover to be available, the incident must occur after the date you brought your policy. If cover is purchased after the incident happened it is classed as a ‘known event’ and will not be covered by the travel insurance policy.

Force Majeure cover before departure:

Natural disasters are enough to make anyone want to come home, however the majority of cancellation polices have limited reasons that will allow you to cut your trip short. Generally, this will include injury or illness to either yourself or a close relative, friend or travelling companion. You will also be covered in the unfortunate event of your death.

Force Majeure will cover cancellation if your hotel or accommodation is no longer inhabitable due to a natural disaster. For example, if your hotel has been destroyed by a hurricane and you can no longer stay there – force majeure will cover you – provided you were unable to get a refund.

If the policy you brought covers force majeure, major incidences or natural disasters – provided you haven’t booked through a travel agent or tour operator and are unable to claim your money back from your accommodation provider or transport company, you will be able to submit a cancellation claim. Read  more about flight cancellations and delays. If you have booked the trip as part of a package, the company will look to find you a suitable alternative, or refund you the cost of your trip.

Force Majeure cover after departure:

Incidents that occur during your holiday and are beyond your control will be covered if you have force majeure cover on your travel insurance policy.

Cover levels will differ between policies, but here is an example of what you may be entitled to if your trip is disrupted. If the area you are staying in is affected by force majeure you may claim up to £2,000* for additional travel expenses needed for you to return home or move to a safer area. You may also claim up to £200* for additional accommodation and £100* for food. Some policies will also allow £150* for baby essentials or prescription medication if your return journey is details due to force majeure.

Although there may be cover available to curtail your trip , the force majeure section of the policy does not cover you to come home early if you no longer wish to remain in the country.

It is worth noting, if you have booked your trip as part of a package holiday – it is the travel agents or tour operators’ responsibility to find you alternative accommodation to allow you to continue with your holiday if your area is no longer safe. In the event that flights back to the UK are disrupted, your tour operator would be responsible for any additional accommodation expenses, and for the cost of getting you home once flights resumed.

If you booked your flights and accommodation separately and your flight was disrupted you would need to speak to the airline. It is their responsibility to fly you home as close to your departure date as possible. Although compensation is not likely to be available, due to force majeure being outside of the airlines control, you may be entitled to overnight accommodation and refreshments if necessary.

*Prices are an estimate and you should check the cover available under your own travel insurance policy.

Is Force Majeure covered in my policy as standard?

The majority of standard travel insurance policies will not cover for Force Majeure as standard, however some may offer a Force Majeure extension for an additional premium.

Some travel insurance company’s may include it as part of their cancellation or trip disruption cover so it’s important to read your policy wording carefully before buying the policy.

Alternatively, a few policies will offer ‘cancellation of any cause’ cover. This means if anything happens that is outside of your control and was not a known event at the time of purchase, you may be covered to claim for unused pre-paid expenses that are non-refundable by any other source. Some policies will extend this cover to include pre-paid excursions and car hire, and not just accommodation or travel expenses.

It is worth noting, a small number of policies will cover additional expenses including food, essential prescription charges and baby essentials (including nappies, milk and food) as well.

Do I need Force Majeure cover in my policy?

As a ‘superior force,’ force majeure could occur at any time, and often with little or no warning so, although it’s not compulsory, cover is highly recommended.

A policy which includes force majeure cover is likely to be more expensive than one that doesn’t, particularly if you need to add it to the policy, however spending a few extra pounds now may prevent you from losing hundreds should you find yourself stranded abroad or unable to go on your holiday.

How does Force Majeure cover work when making a claim?

As with all claims, you should check if you can claim your money back from another source before speaking to your travel insurance provider. These sources can include, but are not limited to, your credit card company, bank account provider, airline, tour operator, travel agent, etc.

If you haven’t been able to successfully claim back your pre-paid expenses, you can then look at submitting a claim with your travel insurer.

It is important to note that your travel insurance should be a last resort and is unlikely to accept a claim if the expenses can be refunded elsewhere. If you do need to make a claim, bear in mind you will only be covered up to the policy cover limit (for example, if you have spent £2,300 getting home and your insurance only covers up to £2,000 for this, then you will be left out of pocket by £300). You will also need proof of any expenses you have had to pay i.e. receipts, invoices, bank statements.

It is important to note your travel insurance should be a last resort and is unlikely to accept a claim if the expenses can be refunded elsewhere.

If you do need to make a claim, bear in mind you will need to pay any expenses upfront and claim this back from your travel insurance (i.e. purchasing an alternative flight ticket and then claiming back the cost when you return home). We recommend retaining any receipts and additional tickets to be used as evidence to support any claim you may need to make.

Before you go

Here are some more articles you might like:

STAY UP TO DATE

• Help and Support

Travel insurance and natural disasters – what you need to know

Article contents.

Stacey Mitchell

16 June 2023 | Updated 20 October 2023 | 6 minute read

A natural disaster can significantly disrupt your travel plans, whether it’s through delays and cancellations or if you’re put in harm’s way yourself. 

Below, we explain what counts as a natural disaster, what’s covered by your policy and what’s not.

How travel insurers define a natural disaster

We refer to natural disasters as ‘catastrophes’ in our policy books . 

In insurance terms they’re classified as events that:

• were completely unexpected
• happened due to natural causes
• are unpreventable

Some of the events that fall under this category are:

• storms and lightning
• avalanches and landslides
• earthquakes
• volcanic activity (including ash cloud)
• floods, tidal waves and tsunamis 
• medical epidemics or pandemics 

Does travel insurance cover natural disasters?

It depends on the cover level you choose.  

Travel insurance with natural disaster cover compensates you for certain travel and accommodation costs if your holiday is disrupted by a natural disaster. 

Our lowest cover level (Admiral) doesn’t offer cover for catastrophes as standard, but Gold and Platinum cover includes cover for costs caused by delays or disruption because of a natural disaster.

Cancellation cover is only included if the Foreign, Commonwealth and Development Office (FCDO) change their advice to warn against all but essential travel to your destination before you leave.

Predicted natural disasters or ‘anticipated events’ aren’t covered. For example, a forecasted volcano eruption reported by weather officials before you leave for your trip, booked your holiday or travelled there. 

We also won’t cover you if the local or national authorities have said it’s safe to travel to or stay at your destination.

How do I know it’s safe to travel?

Look at the FCDO website for regular updates and warnings on where is safe to travel. You can subscribe to get email alerts about your chosen destination.

Our travel insurance policies won’t cover any trips where the FCDO has advised against travel.

Your airline should tell you if your flight is cancelled because of a natural disaster event.

What to do if your accommodation is uninhabitable

First and foremost, get yourself to safety and follow the advice from local or national authorities.

Next, contact and seek compensation from your accommodation provider directly. 

Your travel insurer will cover the costs if you’re forced to leave early, up to your policy limits, or the cost of alternative accommodation if you couldn’t reach your destination because of a natural disaster.

What to do if you’re stranded abroad

If your flight or other transport out of the area has been cancelled, speak to the providers directly to see what rearrangements or refunds they offer. 

Your airline must offer food and drink if there’s a delay before they can get you a replacement flight. This depends on how far you’re travelling:

As long as you’re travelling to or from a UK airport, they must provide accommodation if you’re delayed overnight.  

If your airline can’t fly you home and you can’t find one with another airline, there could be chartered flights organised by the UK government to help UK citizens get home safely. This is known as repatriation.

Check the FCDO website to find this information or contact the British Embassy in your location.

Most insurers will extend your cover if you’re stuck abroad because of a natural disaster.  

Share with your friends...

Check out our related articles.

17 Mar 2023

Travel insurance explained

22 Jun 2023

Travel disruption cover – everything you need to know

22 Aug 2022

Holiday cancellation cover and travel insurance

5 star defaqto rated platinum level travel insurance.

https://admiral.com/magazine/guides/travel/natural-disasters-and-travel-insurance

Get Daily Travel Tips & Deals!

By proceeding, you agree to our Privacy Policy and Terms of Use .

What ‘Force Majeure’ Means, and Why You Need to Know

A nationally recognized reporter, writer, and consumer advocate, Ed Perkins focuses on how travelers can find the best deals and avoid scams.

He is the author of "Online Travel" (2000) and "Business Travel: When It's Your Money" (2004), the first step-by-step guide specifically written for small business and self-employed professional travelers. He was also the co-author of the annual "Best Travel Deals" series from Consumers Union.

Perkins' advice for business travelers is featured on MyBusinessTravel.com , a website devoted to helping small business and self-employed professional travelers find the best value for their travel dollars.

Perkins was founding editor of Consumer Reports Travel Letter, one of the country's most influential travel publications, from which he retired in 1998. He has also written for Business Traveller magazine (London).

Perkins' travel expertise has led to frequent television appearances, including ABC's "Good Morning America" and "This Week with David Brinkley," "The CBS Evening News with Dan Rather," CNN, and numerous local TV and radio stations.

Before editing Consumer Reports Travel Letter, Perkins spent 25 years in travel research and consulting with assignments ranging from national tourism development strategies to the design of computer-based tourism models.

Born in Evanston, Illinois, Perkins lives in Ashland, Oregon with his wife.

Travel Smarter! Sign up for our free newsletter.

When you purchase travel from an airline or another operator, you enter into a contract for a service or goods. And if some unforeseen calamity prevents the seller from delivering the promised goods or services, the seller can claim “force majeure” as a basis for terminating the contract without incurring any liability for breach of contract.

The term is a dubious one taken from the 1804 Code Napoleon, and refers to occurrences beyond the reasonable control of a party to a contract that prevents fulfillment. It’s similar to “acts of God” and “frustration of purpose.” As such, the concept extends back centuries in common law.

It usually refers to natural disasters, and most would consider the COVID-19 pandemic a force majeure. So if the pandemic prevents an airline, hotel, or some other travel supplier from fulfilling a contract with you, you can’t really file a legal claim for breach of contract: That’s a fair and traditional use of force majeure.

But, some dishonest suppliers claim that force majeure means they don’t have to refund the money you’ve paid them when they can’t fulfill their end of the contract. So far there has been nothing upholding that position; if there’s force majeure, you’re still entitled to your money back. Don’t fall for it if some supplier tries to get out of refunding your money by claiming force majeure, but also don’t assume you have any right to the service or to file a claim against an airline.

As we recently reported in our guide to canceling a trip during the pandemic : The airline companies are not directly liable for disruptions caused by COVID-19; therefore, passenger-rights groups like AirHelp have said they will  not be pursuing additional compensation  for affected flights.

More from SmarterTravel:

• Cancel for Any Reason Insurance, Explained
• 14 Booking Sites’ COVID-19 Cancellation Policies
• Travel Insurance Coverage: 17 Things Your Policy Won’t Cover

Don't Miss a Trip, Tip, or Deal!

Let us do the legwork! Sign up for our free newsletter now.

Consumer advocate Ed Perkins has been writing about travel for more than three decades. The founding editor of the Consumer Reports Travel Letter, he continues to inform travelers and fight consumer abuse every day at SmarterTravel.

We hand-pick everything we recommend and select items through testing and reviews. Some products are sent to us free of charge with no incentive to offer a favorable review. We offer our unbiased opinions and do not accept compensation to review products. All items are in stock and prices are accurate at the time of publication. If you buy something through our links, we may earn a commission.

Top Fares From

Don't see a fare you like? View all flight deals from your city.

Today's top travel deals.

Brought to you by ShermansTravel

Ireland: 9-Night Dublin, Cork, Killarney &...

Railbookers

16-Night Hawaiian Islands Cruise Over Christmas...

Princess Cruises

Shop and Save with Country Inns...

Patricia Magaña

Trending on SmarterTravel

The Policy Pal

Understanding the Act of God Clause in Insurance Contracts

When it comes to insurance contracts, there are various clauses and provisions that define the terms and conditions of coverage. One such important clause is the Act of God clause. In this article, we will explore the Act of God clause, its purpose, historical background, key elements, examples of events covered, exclusions and limitations, contractual obligations and liability, insurance coverage, legal interpretations, impact on different industries, and mitigation strategies.

Introduction

Insurance is designed to protect individuals and businesses from unexpected risks and losses. However, certain events are beyond human control and can cause significant damage or loss. The Act of God clause, also known as the force majeure clause, is a provision in insurance contracts that addresses unforeseeable natural events or circumstances.

Definition of the Act of God Clause

The Act of God clause refers to a contractual provision that relieves parties from fulfilling their obligations or limits their liability when certain extraordinary events occur. These events are typically considered beyond human control and are not caused by human actions or negligence.

Purpose and Importance of the Act of God Clause

The primary purpose of the Act of God clause is to allocate the risk associated with uncontrollable natural events between the parties involved in a contract. It helps protect both the insured and the insurer from financial losses that arise due to events such as earthquakes, floods, hurricanes, storms, or other acts of nature.

The Act of God clause is crucial in insurance contracts as it provides clarity regarding the circumstances under which coverage will be provided. It helps insurers determine whether a claim is valid and whether they are responsible for compensating the insured party.

Historical Background

The concept of the Act of God clause dates back centuries and has its roots in common law. Historically, it was recognized that certain events were beyond human control and should not be attributed to any party’s fault or negligence. The Act of God clause emerged as a legal principle to address these situations and prevent unnecessary disputes.

Key Elements of the Act of God Clause

The Act of God clause typically consists of several key elements that define its scope and applicability. These elements may vary depending on the specific contract, but commonly include:

• Unforeseeable events: The clause specifies that the event must be unforeseeable at the time of entering into the contract.
• Natural occurrences: The event should result from natural causes rather than human actions or interventions.
• Lack of control: The clause requires that the event must be beyond the control of the parties involved.
• Absence of negligence: The event should not be caused by the negligence or fault of any party to the contract.

Examples of Events Covered by the Act of God Clause

The Act of God clause covers a wide range of natural disasters and events that are considered beyond human control. Some common examples include:

• Earthquakes and tsunamis
• Hurricanes, tornadoes, and severe storms
• Flooding and flash floods
• Volcanic eruptions
• Fires caused by natural factors, such as lightning strikes
• Avalanches and landslides
• Epidemics and pandemics
• Droughts and famines
• Extreme weather conditions, such as blizzards or heatwaves
• Acts of terrorism or war (in some cases)

It’s important to note that the specific events covered by the Act of God clause may vary depending on the language and interpretation of the contract.

Exclusions and Limitations

While the Act of God clause provides coverage for natural events, there are certain exclusions and limitations that may apply. These exclusions can vary based on the insurance policy and the specific terms of the contract. Some common exclusions include:

• Events caused by human actions or negligence: The clause typically excludes events that are caused by the actions or negligence of the insured party or other involved parties.
• Expected or foreseeable events: The Act of God clause may not apply to events that could reasonably have been anticipated or predicted.
• Intentional acts or misconduct: If an event is intentionally caused or the result of misconduct, it may not be covered by the Act of God clause.
• Damages exceeding policy limits: Insurance policies often have limits on the amount of coverage provided for Act of God events. If the damages exceed these limits, the insured may not be fully compensated.

It’s crucial for policyholders to carefully review the terms and exclusions of their insurance policies to understand the scope of coverage provided by the Act of God clause.

Contractual Obligations and Liability

The Act of God clause plays a significant role in determining the contractual obligations and liability of the parties involved. When an Act of God event occurs, the clause may release one or both parties from their contractual obligations or limit their liability.

For example, if a construction project is delayed or disrupted due to an earthquake, the Act of God clause may excuse the contractor from meeting the original deadline. Similarly, if a delivery is delayed due to severe weather conditions, the Act of God clause may relieve the shipping company from liability for any resulting damages.

However, it’s important to note that the specific implications of the Act of God clause can vary depending on the wording of the contract and the jurisdiction in which it is enforced. It’s advisable for parties to seek legal advice to fully understand their rights and obligations under the Act of God clause.

Insurance Coverage and the Act of God Clause

Insurance policies typically outline the coverage provided for Act of God events. The Act of God clause helps insurers determine whether a claim is eligible for coverage and under what circumstances compensation will be provided.

When purchasing insurance, individuals and businesses should carefully review the policy to ensure that it includes coverage for events considered Acts of God. This can help protect against financial losses resulting from natural disasters or unforeseen circumstances.

Insurance companies may offer specific policies tailored to different industries or types of risks. For example, property insurance policies often include coverage for damage caused by natural events, while travel insurance policies may cover trip cancellations due to Acts of God.

Legal Interpretations and Challenges

The Act of God clause can sometimes be subject to legal interpretations and challenges. The language used in the contract, the jurisdiction, and the specific circumstances surrounding the event can all influence how the Act of God clause is interpreted.

In some cases, disputes may arise regarding whether an event falls under the Act of God clause or whether the party claiming the exemption has fulfilled their obligations. Courts may consider various factors, such as foreseeability, causation, and the parties’ reasonable expectations, to determine the applicability of the clause.

It’s essential for parties involved in a contract to carefully define the Act of God clause and consider potential scenarios to minimize the risk of legal disputes.

Impact on Different Industries

The Act of God clause can have significant implications for various industries. Let’s explore a few examples:

Impact on Agriculture and Farming

Agriculture heavily relies on weather conditions and natural resources. The Act of God clause can protect farmers and agricultural businesses from losses caused by events such as droughts, floods, or pests. It provides a safety net for unpredictable circumstances that may impact crop yields, livestock, or infrastructure.

Construction and Infrastructure Projects

Construction projects are susceptible to delays and disruptions due to unforeseen events. The Act of God clause allows contractors and developers to mitigate the risks associated with natural disasters or extreme weather conditions. It helps allocate responsibility and adjust project timelines and budgets accordingly.

Travel and Tourism

The Act of God clause is particularly relevant in the travel and tourism industry. Events such as hurricanes, volcanic eruptions, or civil unrest can lead to flight cancellations, trip interruptions, or closures of tourist destinations. With proper coverage, travelers and tourism operators can recover losses incurred due to these unforeseen events.

Insurance and Reinsurance

Insurance companies themselves rely on the Act of God clause to manage their own risks. Reinsurance companies, which provide coverage to primary insurers, often include Act of God provisions in their contracts. This helps insurers limit their liability in case of catastrophic events and maintain their financial stability.

Mitigation Strategies

While the Act of God clause provides a level of protection, it’s essential for individuals and businesses to take proactive measures to mitigate risks associated with unforeseen events. Here are some strategies:

• Risk Assessment: Conduct a comprehensive risk assessment to identify potential Act of God events that may impact your operations or assets.
• Insurance Coverage: Obtain appropriate insurance coverage that includes Act of God protection tailored to your specific needs and industry.
• Emergency Preparedness: Develop and implement emergency response plans that outline actions to be taken in the event of an Act of God occurrence.
• Contractual Agreements: When entering into contracts, carefully negotiate and define the Act of God clause to clarify responsibilities, liabilities, and the process for invoking the clause.
• Diversification: Diversify your assets, investments, or supply chains to reduce dependency on a single location or vulnerable area.

By implementing these strategies, individuals and businesses can better prepare themselves and minimize the potential impact of Act of God events.

The Act of God clause is a vital provision in insurance contracts, providing coverage and addressing the uncertainties associated with natural events beyond human control. It serves to allocate risks, determine contractual obligations, and protect parties from financial losses. Understanding the Act of God clause, its implications, and mitigating strategies can help individuals and businesses navigate unforeseen circumstances and safeguard their interests.

Is the Act of God clause universally recognized in all jurisdictions?

While the Act of God clause has a long-standing legal history, its interpretation and applicability can vary across jurisdictions. It’s advisable to consult with legal professionals familiar with local laws to understand its specific implications.

Does the Act of God clause apply to man-made disasters, such as industrial accidents?

The Act of God clause typically applies to natural events beyond human control. However, man-made disasters may be covered under other contractual provisions or insurance policies designed for such occurrences.

Can the Act of God clause be invoked retroactively for events that were initially deemed within human control?

The Act of God clause is generally not applied retroactively. It covers events that are unforeseeable at the time of contract formation. However, legal interpretations may vary, and specific contract terms should be carefully examined.

Can an insured party be held responsible for negligence even if an event is classified as an Act of God?

While the Act of God clause can limit the liability of parties for events beyond their control, it does not absolve them of liability for their own negligence. If an insured party’s actions or negligence contributed to the occurrence or severity of the event, they may still be held responsible for any resulting damages.

Can the Act of God clause be waived or modified in a contract?

The Act of God clause is a contractual provision and can be subject to negotiation and modification. Parties involved in a contract can choose to include, exclude, or modify the Act of God clause based on their specific needs and risk assessment. However, it’s important to carefully consider the implications of such modifications and seek legal advice.

Share this:

• Click to share on Twitter (Opens in new window)
• Click to share on Facebook (Opens in new window)
• Click to share on Pinterest (Opens in new window)
• Click to share on WhatsApp (Opens in new window)

Similar Posts

Car insurance theft coverage: what you need to know.

Learn about car insurance theft coverage and how it protects your vehicle. Understand the details and importance of car insurance against theft.

How to Review Your Home Insurance Policy Annually

Discover the importance of reviewing your home insurance policy annually. Learn how to effectively review and update your policy to ensure adequate coverage and protect your home against potential risks.

Flood Insurance: Why You Need It & How to Get It

Discover the importance of flood insurance and learn how to acquire it. Get protected from floods and secure your property. Find out more here.

Life Insurance for Kids: Is it Worth It?

Is life insurance for kids worth the investment? Find out here and make an informed decision about your child’s financial future.

Disability Insurance Long-Term Care: Coverage Explained

Discover how disability insurance covers long term care expenses. Learn about coverage options and benefits. Find the right plan for your needs.

How to File a Travel Insurance Claim: Step-by-Step Guide

Learn how to file a travel insurance claim with our step-by-step guide. Get expert advice and tips for a hassle-free experience. Trust us for your travel insurance needs.

Discover more from The Policy Pal

Subscribe now to keep reading and get access to the full archive.

Type your email…

Continue reading