Cruise line refuses to return client deposit following cancellation

I just read another story in the national press about a couple who had booked a cruise and have now claimed it unfair that their deposit is being retained by the cruiseline following the couple subsequently cancelling their trip.

The story in brief was that the couple booked a Cunard 108-night world cruise, which was due to depart in April 2021. However, the husband developed an extremely painful swollen leg and was unable to get his shoe on. He has had a triple heart bypass in the past and this made the couple think that such a long time on a ship was not a wise idea.

They contacted their travel agency (not us) which made their booking, to see if they could cancel and get their £4,000 deposit back. The travel agent said Cunard’s policy was that the deposit was non-refundable.The couple were then advised that a possible solution was to transfer the deposit to another trip of the same value or higher.

Under the Consumer Rights Act 2015 companies are allowed to retain money they need to offset any losses caused by cancellations if, for example, the holiday is not resold or if it is resold at a lower price.

The question here is whether it is reasonable for the cruise line to retain the deposit when the cruise is not for another 20 months. They have a very long time to resell the tickets, and so is locking the couple in financially unreasonable?

Following intervention by a national newspaper on behalf of the couple, the cruise line agreed to refund the client in full.

This couple were lucky this time, but my advice to anyone who books a holiday so far in advance is to buy travel insurance that covers cancellation due to ill health. Get your insurance immediately after booking for ultimate peace of mind.My own opinion is that deposits in almost all circumstances should be non-refundable. With this particular story, the couple should not have expected any form of reimbursement as this was more of a disinclination to travel made by the couple, albeit for a medical reason, but so far in advance, it was perfectly reasonable for the cruise line to keep all the deposit.

Would you side with the couple? Or would you agree with me?

I would be interested to hear your thoughts.