Advice please

[lucy, sutton]

I reported on a separate post that my recent cruise on Oriana had a delayed sailing from Southampton overnight and we were not informed.

I have gone onto the ABTA website and come across this:

"Re-routing or reimbursement
If you’re subject to a delay, you would have the right to an alternative cruise or a refund if the delay causes a significant change to your original booking.

In practice this means that the delay would have to be quite long. As a rule of thumb, on a 14 night trip, the delay would need to be longer than 12 hours, and longer for longer cruises.

Accommodation
When a sailing is delayed and an overnight stay becomes necessary, your cruise operator should offer you accommodation free of charge, if possible.

This can be on board the ship, or ashore. The cruise operator is also free to look at other options, such asking you to go home, or to make your own arrangements and offering to reimburse your expenses. The cruise operator may limit accommodation costs to €80 (approximately £66) per night per passenger for a maximum of three nights.

However, no overnight accommodation has to be offered, or costs reimbursed, where the delay is caused by weather conditions endangering the safe operation of the ship."

I was asked to give feedback and explained my disappointment and P & O basically came back and said that, where they had an email, they had emailed everyone. I know this is not true as both me and my husband never received anything and neither did my cruise agent, through which I have lodged a complaint. I feel really angry they are making out that they let us know. We were not the only ones saying they had not emailed us. There were 3 separate ladies we spoke to and they said they had not received an email either.

For those in the know, I am right to say, the above explains why I am entitled to compensation on a 3 night cruise that turned out to be a 2 night cruise.
Any comments would be appreciated, given the above information and what you would do.

[Topdeck, London]

The key with ABTA code of conduct is they should inform you of changes ASAP.

Other than not being at sea what other disruption was there to the trip?

Changes in ports or time in port?

The accommodation and ship facilities were provided so no compensation for that.

The transportation element changed but unless it disrupted another aspect of the trip minimal compensation if any.

Unless a port was changed I suspect the delayed departure would fall into minor change so no right to cancel(package regs).

[lucy, sutton]

The key with ABTA code of conduct is they should inform you of changes ASAP.

Other than not being at sea what other disruption was there to the trip?

Changes in ports or time in port?

The accommodation and ship facilities were provided so no compensation for that.

The transportation element changed but unless it disrupted another aspect of the trip minimal compensation if any.

Unless a port was changed I suspect the delayed departure would fall into minor change so no right to cancel(package regs).

Hi

ABTA says we should have been accommodated either on the ship or on shore "free of charge", but this was not the case as we had paid for 3 nights on board, so the first night was not free of charge. By my calculation, this should mean that the first night should be reimbursed, which would then make it free of charge. The trip was not as advertised. The notification did not come until we were in the cabin.

They said they emailed us, but out of all 3 emails they had for us, none of us got an email and this includes our travel agent.

[mike, lanarkshire]

Hi

ABTA says we should have been accommodated either on the ship or on shore "free of charge", but this was not the case as we had paid for 3 nights on board, so the first night was not free of charge. By my calculation, this should mean that the first night should be reimbursed, which would then make it free of charge. The trip was not as advertised. The notification did not come until we were in the cabin.

They said they emailed us, but out of all 3 emails they had for us, none of us got an email and this includes our travel agent.

As I said previously, this is where your credit card provider will help. Don’t waste your time with the cruise line, albeit give them one opportunity to resolve it.

[lucy, sutton]

As I said previously, this is where your credit card provider will help. Don’t waste your time with the cruise line, albeit give them one opportunity to resolve it.

I will just need to see what they come back with although I think I know that P & O are not much good in these situations. Not holding my breath. Did not pay by credit card so this is not an option.

[mike, lanarkshire]

I will just need to see what they come back with although I think I know that P & O are not much good in these situations. Not holding my breath. Did not pay by credit card so this is not an option.

Debit card also provides protection via a chargeback. I done it a couple of years ago via RBS when Rhapsody completely changed its Greek itinerary (departing Venice). They missed out on two vital stops for us and played hardball. I charged them £250 - £125 per missed port and it wasn’t challenged.

[Topdeck, London]

Take what ABTA say up with ABTA if you don't think the cruise line are following their code of conduct.

The regulations would not allow for recovery of all the cost of an overnight as much of the package was provided being the room and ship facilities.

[1fifthavenue, birmingham]

Hi Lucy

Complain to your credit card company, highlighting the code and the Ts and Cs, under Section 75. We did this with NCL for several issues and received what we deemed a fair offer

[mike, lanarkshire]

Hi Lucy

Complain to your credit card company, highlighting the code and the Ts and Cs, under Section 75. We did this with NCL for several issues and received what we deemed a fair offer

She didn’t pay by credit card, so section 75 doesn’t apply. Chargeback may still be an option tho.

[JohnR, Chippenham]

I wonder, if you didn't miss any ports, is a night in Southampton rather than a night cruising in the English Channel "significantly" different to warrant compensation? You had your meals, your bed, your entertainment and all of the ships amenities.

[mike, lanarkshire]

I wonder, if you didn't miss any ports, is a night in Southampton rather than a night cruising in the English Channel "significantly" different to warrant compensation? You had your meals, your bed, your entertainment and all of the ships amenities.

I would say yes John. If the cruise had been marketed as “stay overnight in Southampton” would you book it ? - I wouldn’t. A few years ago we were on Reflection in Civitavecchia and it suffered engine problems resulting in an overnight in Civitavecchia before it could be repaired. Celebrity gave every stateroom $200 obc for the inconvenience . I appreciate times have changed since then. Cruise lines need to understand that the majority of customers book a cruise on the basis of itinerary and if they can’t adhere to that itinerary they are liable to some extent (via partial refund or some form of OBC).

[1fifthavenue, birmingham]

She didn’t pay by credit card, so section 75 doesn’t apply. Chargeback may still be an option tho.

Sorry only skim-read the post

[mike, lanarkshire]

Sorry only skim-read the post

Don’t apologise, we’re all guilty of that on occasions 😊

[lucy, sutton]

I wonder, if you didn't miss any ports, is a night in Southampton rather than a night cruising in the English Channel "significantly" different to warrant compensation? You had your meals, your bed, your entertainment and all of the ships amenities.

On a 3 night cruise, to be stuck in Southampton one night, going nowhere, means only 2 night cruise, so - yes one third of cruise was affected so significant. Yes we had bed and board, but ABTA say this must be given and free of charge (we had to pay for it)when delayed departure. Not notified by email prior and not given option to cancel, which we would have done. Did not want a cruise sitting in Southampton and would have quite happily cancelled and had a full refund, but not given the chance.

[toshtosh, Guiseley]

I will be interested to see if your interpretation of free is successful, but I suspect you will find it difficult to get any significant result, especially as the cruise line would be faced with a "class action" risk.

If I understand your situation, you arrived to find the ship wouldn't leave port until the following day, but you were allowed to board and enjoy all the same facilities as if you were at sea.

I think they have a reasonable defence (or alternative interpretation) that there was no delay to your boarding the ship, and any compensation would be limited to a discretionary payment, possibly as OBC or future cruise credits.

I believe the argument on "free" alternative accommodation is where you have paid for 3 days accommodation but only received 2 in your scheduled hotel/cabin. A better wording may be "any necessary alternative accommodation should be at no additional cost to the passenger".

If this had been a land based holiday and your booked hotel was unavailable then you would be relocated for one or more nights in an equivalent or better hotel (with no extra holiday payment), but compensation for holiday disruption would be at the discretion of the holiday company (i.e. unlikely). Of course if you reject their alternative you would need to find your own hotel and then then try to reclaim.

Good luck with your challenge.

Cheers

Tony B