A New Zealand tourist’s beachside holiday in Rarotonga took a turn for the worse after his belongings were stolen and his travel insurance claim was denied.

On January 3, Marius Chirila parked his motorbike near Titikaveka beach, close to the Little Polynesian Resort, before heading into the water.

“I left my backpack covered with a towel 20 meters away from the place I swam. A tourist lady from the Little Polynesian resort yelled to me that somebody took my backpack, jumped on a bike, and he was gone. She said that everything happened in less than 10 seconds.”

Among the items stolen were Chirila’s driver’s license, credit cards, wallet, drone, phone, cash, earbuds, and reading glasses.

“Luckily, I left my passport at the resort,” he said.

Chirila reported the theft to local authorities, but Southern Cross Travel Insurance declined his claim.

“Southern Cross Travel Insurance declined my claim, saying that I left my bag unattended.”

Frustrated with the decision, Chirila questioned the practicality of the policy.

“So, if you go to the beach with the motorbike, which probably a lot of people do, especially when you go to the island, what are you supposed to do with your stuff?”

“When you make travel insurance, you make it to cover unforeseen events, events which are out of your control, events like this,” Chirila added.

Responding to the case, Southern Cross Travel Insurance (SCTI) chief operating officer Drazenka Dordevich said, “We understand how frustrating it is to have a claim declined and we are sympathetic to Mr Chirila’s situation.”

However, she explained that the company expects customers to take reasonable care of their belongings.

“We do expect customers to meet us halfway and take care of their belongings responsibly – in much the same way they would do when at home in Aotearoa, for contents insurance.”

SCTI said their policy wording is clear when it comes to unattended belongings.

“We don’t cover baggage and personal items left unattended in a public place, with ‘beach’ included in the definition of a public place,” Dordevich said, emphasising that this was standard practice.

“Looking at several other travel insurers’ policies for sale in New Zealand, they all define a beach as a public place and say that personal items left unattended in a public place are not covered for loss.”

She added, “If the customer had been ‘mugged’ and items taken while they were on his person, the policy would have likely responded differently.”

Chirila argued that the term “unattended” is subjective, as he assured he was as close to his belongings as he could be, so he was able to keep an eye on them while having a swim.

SCTI said that whilst they reviewed the claim, it became clear that his travelling companion was not swimming, but instead was several hundred metres away “collecting shells on the beach”.

“Mr Chirila did share some drone footage with SCTI of his belongings left unattended under a tree.”

Dordevich noted that customers dissatisfied with their decision could escalate the matter.

Chirila said he learnt his lesson, and although he is frustrated, he said he will definitely be calling his insurance provider to talk through all terms and conditions in the future.

Chirila provided Southern Cross Travel Insurance with permission to share details of his claim with Stuff.

- Ava Whitworth/ Stuff