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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.
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
Same for us. They moved us out a YEAR to 2022 when we can’t go from 2021 and now trying to keep $800 of our money as nonrefundable part. $399 x2 of us.
Same for us. They moved us out a YEAR to 2022 when we can’t go from 2021 and now trying to keep $800 of our money as nonrefundable part. $399 x2 of us. ??
My son in Ottawa, On had his school trip cancelled as well by school board due to Covid March 4, 2020. I inquired April 12 about refunds and was told they would come, but inundated with all of the cancellations. We paid the $220 in cancellation “insurance”. It is now May 11, 2021 and the charade still continues. Absolutely disgusting the companies World Stride, Explorica and Old Republic can get away with this scam. To me, I believe they are all in it together and taking advantage of innocent people.
We had a trip planned to Costa Rica in June 2020. They postponed it until this year of June 2021. They have used the word postponed instead of cancelled. We had 11 going & 7 have dropped out but still losing $399.00 & this is very unfair. I am the group.leader & I feel really bad over people losing money. Explorica isn’t using the word cancel, only postponed. This means they can postpone 10 years or so & never refund. I we ill never get a trip like this up again. They need to do the right thing & refund fully.im so disappointed with this company.
They did this to me! I had a trip scheduled for April 2021, but they “rescheduled” it to June of 2022! That’s not a rescheduling, that’s canceling, and making a new trip. When I called to cancel they just said that since we were canceling they had to charge us a retention fee of 400 dollars, and are now refusing to talk to us. We will not be loosing 400 DOLLARS just because they messed up.
We got a credit through some third party but it’ll expire before we’re actually allowed to travel. Super shitty thing Explorica did and I’ll never ever use them again. Hope I can get in on the class action, no information since however.
Our school trip to Spain(Best of Spain – Maxwell Heights Secondary School) was cancelled by the Durham District School Board on March 6, 2020 – The trip was to take place March 12, 2020 – March 20, 2020. We’ve been told by TICO that Explorica is not responsible because the trip was cancelled before travel ban was issued & ARCH says they haven’t received all pertinent information from Explorica – getting a run around from everyone.We received $100 from Explorica.
Our son’s senior trip to Greece and Italy planned for April was cancelled after three rescheduling attempts. We have reached out for refunds and heard nothing back yet.
My sons March Break 2020 school trip was cancelled due to COVID. Both Explorica and Arch Insurance are playing the point the finger game each and every time I inquire about my child’s trip refund. Almost a year now and no refund or clear answers as to when there will be one .
This has been our exact experience as well.
Add me please
Is there a class action law suit against world stride? My boys were supposed to go to Washington dc in june. As a parnet i didnt feel comfrontable sending them, during this pandemic. When i called to get a refund, I was informed i would charged a $ 125. Fee per child. I was definitely discouraged. I didnt cancel because of this fee. I do want to refunded i would like to become part of a class action law suit