Here are your rights and obligation for insurance and travel claims after the storm

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Households and businesses are being urged to move valuable items to higher ground ahead of the heavy rain expected for Northland, Auckland and Coromandel on Tuesday afternoon.

The Insurance Council chief executive, Tim Grafton said vehicles and electrical equipment that may have been damaged by floodwaters should not be used.

Any damaged items should be photographed as well as the high water mark in the property.

Non-essential repairs to damaged property should not be started without your insurance company’s approval, Grafton said.

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If water has entered your property, do not turn on your electricity until it has been inspected by an electrician, and keep damaged items that do not pose a health and safety risk because they might be needed as evidence when making a claim.

Claims should be made as soon as possible, he said.

As well as cover for damaged goods and property, some businesses would also have business interruption cover which covered them for loss of profit, up to policy limits, where property damage restricts their ability to maintain income, he said.

Flooding continues to block roads in Kaipara Flats in Auckland's north.

Getty Images

Flooding continues to block roads in Kaipara Flats in Auckland’s north.

“This event will be very difficult for many businesses,” Grafton, said.

“As with many householders, the sheer scale of this event means that, despite the best efforts of all involved, business owners can expect repairs and the supply of new stock and equipment to take longer than normal. The situation is made worse by the fact that some businesses that would ordinarily be involved in helping others recover aren’t now able to because of the loss and damage they have suffered.”

Tenants rights

Consumer NZ said landlords should be aware they were responsible for maintaining their rental property. This includes damage caused by flooding and storms.

If you’re a tenant and the property had been damaged by flooding, you should contact your landlord – they are responsible for drying out the property, and this included any costs associated with the drying process, including the cost of electricity, Consumer NZ chief executive Jon Duffy said.

Landlords were not responsible for damage caused to tenants personal belongings, this is to be covered by your personal contents insurance, Duffy said.

“If your rental has been damaged but is still inhabitable, the rent should be reduced. Alternatively, the landlord or tenant can apply to the tenancy tribunal to end the tenancy,” he said.

The Tenancy Tribunal would be able to decide whether the landlord should fix the property or whether the tenant should stay on with a reduced rent.

“If a rental property is destroyed or seriously damaged, the tenant can give notice to end the tenancy,” Duffy said.

Tenant must give two days notice and the landlord seven days notices..

Booking cancellations

When a domestic flight was cancelled because of the weather, the airline did not have to provide a refund or reimburse any costs incurred as a result of the cancellation, Duffy said.

If you bought a refundable fare, you were entitled to a refund regardless of the reason for the flight cancellation or delay. However, if you did not have a refundable fare, the airline would usually rebook you onto another flight or give you a credit.

The leftover damage from flooding. Kainga Ora houses on Clover Drive, Henderson were hit hard by flood waters last Friday.

James Halpin/Stuff

The leftover damage from flooding. Kainga Ora houses on Clover Drive, Henderson were hit hard by flood waters last Friday.

Air New Zealand was offering flexibility on all flights to, through and from Auckland – domestic travellers could either get a credit, or defer travel up to 6 February, Duffy said.

Jetstar was offering passengers a credit, or the option to defer a flight up January 30, for up to 14 days from the original travel date.

Cancellations for international flight bookings were more complex, and your rights depended on which country you were in, where you were going and which airline you were flying with, he said.

Usually, when an international flight was impacted by something outside the airline’s control, the airline would rebook people onto the next available flight or provide a credit.

If you have travel insurance, you could be covered, Duffy said.

Air New Zealand was allowing international travellers with flights to, through and from Auckland, to defer their travel up to (and including) February 13. It was also offering credits to customers booked on international flights.

If you have booked a fully refundable fare, you can ask for a refund, Duffy said.

This is what Consumer NZ says about accommodation, restaurant and concert cancellations:

Airbnb

Airbnb bookings can be cancelled for a credit or refund, and if your Airbnb host cancels your booking ahead of check-in you should automatically receive a full refund.

Some of Eden Park was under water during the Auckland floods on Friday.

Eden Park/Supplied

Some of Eden Park was under water during the Auckland floods on Friday.

Concerts

If a concert or festival is cancelled, you should get a refund from the ticket agent.

If an agent refuses a refund request, providing you paid for your tickets using a debit or credit card, you can ask your bank for a chargeback.

If you bought your ticket from a private seller, it may be trickier to get a refund.

Restaurant bookings

If you can’t get to a restaurant you’ve booked because of flooding, the contract between you and the restaurant is likely to be ‘frustrated’. This means it was impossible for you to hold up your side of the deal and you should not be charged for a no-show.

If you can’t get to a restaurant you’ve booked because of flooding, the contract between you and the restaurant is likely to be ‘frustrated’. This means it was impossible for you to hold up your side of the deal and you should not be charged for a no-show.

Retirement villages

Residents who need to evacuate a retirement village should receive clear direction from the retirement village operator.

If a resident needs to move, this should be at the village operator’s cost – regardless of where the resident is moving to.

When it comes to weekly fees, if a resident is moved to another unit within the same village, it’s likely the resident will continue paying their weekly fee.

If a resident is relocated to a different retirement village, then it’s up to the two village operators to negotiate the rate.

If a resident’s unit is not repairable, the village operator should talk to the affected resident(s) about next steps. Options could include replacing the unit, transferring to another unit or leaving the retirement village.

Retirement village tenants are responsible for their contents and should contact their insurer to make a claim for damaged goods.

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