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Student asking for money back regarding the Explorica class action lawsuit filed over cancelled trip refunds

A class action lawsuit has been filed against travel company Explorica and travel insurers Arch and Old Republic, following cancelled student trips and refunds not being issued.

The plaintiffs are minor Tandia Molot, her mother Dawn Molot, then-minor Owen Mungy, and his mother Lucinda Mungy. The Molots and Mungys initiated the class action lawsuit against Worldstrides Canada, Arch Insurance Canada, and Old Republic Insurance Company for breach of contract during the coronavirus pandemic. 

After educational travel and tour firm Worldstrides Canada, known as Explorica, cancelled the insured international trips during the pandemic, the class action lawsuit says the tour company did not provide enough information to Arch or Old Republic Insurance in order for the travellers to receive adequate refunds.

High School Trips Cancelled Due to COVID-19

On or about Jan. 20, 2019, Dawn Molot entered into a Explorica contract on behalf of her daughter, Tandia Molot, who was going on a tour of Belgium, England, and France in a trip organized by her high school. The trip was scheduled from March 11, 2020, until March 21, 2020.

Molot bought Travel Protection Plus from Arch Insurance totalling $220 to protect her daughter’s trip. In total, the Explorica European trip plus Arch Insurance cost $4,594. 

On Sept. 16, 2019, Lucinda Mungy started an Explorica contract for her son Owen Mungy to tour the Czech Republic, Germany, and Poland on a high school organized trip scheduled from April 10, 2020, to April 19, 2020.

Lucinda Mungy bought Travel Protection Plus from the Old Republic Policy for $150 to insure her son’s trip. Mungy spent a total of $3335 on Explorica and Old Republic Insurance.

According to the cancelled school trip refunds class action lawsuit, Molot’s school district sent a letter on or about March 6, 2020, that her school trip was cancelled due to the risks of the coronavirus pandemic.

On or about March 7, 2020, Tandia Molot was informed by email that a trip refund from Explorica was on its way.

The Explorica class action lawsuit alleges that at some point, the travel tour company reassigned the refund claim to Arch Insurance. Molot received a letter on or about Aug. 21, 2020, informing her that Arch Insurance will be processing the claim.

The Mungys received a letter from Explorica on or about March 5, 2020, explaining that a group claim was filed and no further action was necessary. The Mungys were refunded $1,472 by Explorica around June 16, 2020.

Then, at some point before Oct. 7, 2020, Explorica reassigned the claim to Old Republic Insurance. 

Claims Made Against Explorica 

On March 11, 2020, the coronavirus outbreak was announced as a global pandemic by the World Health Organization. Safety measures for the pandemic included government-mandated travel restrictions. Stricter measures were put into place on March 13, 2020, when international non-essential travel was banned.

Upset students regarding the Explorica class action lawsuit filed over cancelled school trip refunds The travel restrictions prohibited the high school students from attending their Explorica tours. Some of the Class Members in the class action lawsuit cancelled the tours themselves. 

Lawyers in the Explorica class action lawsuit say that Class Members have not received refunds from Explorica, Arch Insurance, or Old Republic.

The Molots and the Mungys have received information from their travel insurers, Arch and Old Republic that their claims cannot be processed properly because neither firm has been given sufficient information from Explorica.

Lawyers in the class action lawsuit say Explorica failed to give refunds and failed to provide all of the sufficient information to Arch Insurance and Old Republic and therefore have breached the students’ travel contracts.

This is not the first class action lawsuit to be launched against Arch, Old Republic, and Explorica over similar claims of missing refunds from cancelled school trips. 

Explorica Class Action Lawsuits Allege Breached Contracts

The Explorica contract details all of its terms and conditions, including what travellers can expect from their tour package. The Explorica class action lawsuit points out that the travel company notes in the contract that if any of the services are not delivered, an immediate refund will be granted. After the tours were cancelled, both of the students never received any of the terms of the trip, so the Explorica class action lawsuit alleges proof of breach of contract.

The Arch and Old Republic contracts were similar according to the Explorica class action lawsuit.

The Arch Insurance policy covers trip cancellation, stating, “We will reimburse You, up to the Maximum Benefit Amount shown in the Schedule of Benefits, for the amount of the unused non-refundable prepaid. Payments or Deposits for the Travel Arrangements You purchased or were assessed for Your Trip, when you cancel Your Trip for a covered Unforeseen reason,” according to the Explorica class action lawsuit.

Specifically, the court documents note one of the unforeseen events in the Arch contract is being “quarantined.”

Arch and Old Republic have not denied refunds, but they have not paid out the Molots or Mungys because they report they cannot until Explorica does their part by sending information.

Still, the Explorica class action lawsuit states Arch and Old Republic hold contractual obligations to the Class Members and have failed to pay. 

The Molots, Mungys, and Class Members have faced losses and damages due to the actions of Explorica, Arch, and Old Republic, and they seek aggravated, exemplary, and punitive damages as a result.

Did you have a trip cancelled due to the coronavirus pandemic? Did you receive a refund? Tell us your story in the comment section below!

The Molots, Mungys, and Class Members are represented by David Sterns, Lauren Baker of Sotos LLP, and Peter N. Browne and Travis D. Payne of Curtis Dawe.

The Explorica Class Action Lawsuit is Tandia Molot, et al., v. Worldstrides Canada, Inc., et al., Case No. CV-20-00649798-00CP, in the Superior Court of Justice, Ontario, Canada.

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13 thoughts onExplorica Class Action Lawsuit Seeks Refunds For Cancelled School Trips

  1. Lisa L says:

    How do you get in on a class action suit or start one? We are out $3000, and paid the $220 for trip cancellation insurance from my sons trip (mentioned in comments below) after HS in Manotick, On cancelled it due to Covid.

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