View Full Version : HAL got my money..watch out for your's
Shirt-man
December 2nd, 2009, 07:23 PM
I had a reservation through my travel agent that I wanted to cancel outside the 90 day cancellation time. I sent an email to my travel agent a little after 5pm on Friday but she was closed. Final payment and the penalty started on Monday. My agent called HAL first thing on Monday morning and they said they would cancel the reservation but with a $350 deposit penalty. She even sent them a copy of the email but they said I could have called HAL to cancel.
Below is the response from HAL about an appeal:
I am sorry to advise that the waive penalty request was denied. Our reservation's dept. is open on the weekends in which we could have had the opportunity to cancel the record with your clients, prior to penalties beginning. In cases where an agency is closed over the weekend and we approach penalties, we will cancel the booking with the clients directly and then notify the travel agent on the first business day after the weekend.
Below is a transcript I had online with HAL about trying to cancel with them when you book a reservation with a travel agent.
Subject: Your Click to Chat Transcript
Ashley : Hi thank you for contactin Holland America Line. My name is Ashley. How can I help you?
David : Can I cancel a cruise with you that is booked through a travel agent?
Ashley : You would have to to have your travel agent cancel it for you.
David : No exceptions?
Ashley : No exceptions
David : Thank you
Ashley : Is there anything else I can help you with today?
David : No
Ashley : Thank you for contacting us. It was my pleasure to assist you today, and I hope that I have been able to answer all of your questions. Have a good day!
So I guess HAL has a 90 day plus the weekend cancellation policy.
They have my $350 but will never see me on one of their ships.
SwissMyst
December 2nd, 2009, 07:32 PM
You entered into a contractual relationship with HAL. They kept up their end. You apparently did not. What is the issue? He who hesitates is lost is about the only lesson here. Sorry, but HAL has a right to know who will be booking in full and who will not. The guidelines were made clear to you when you entered this transaction. As a retired small claims judge, I don't see where you have a case or a complaint against HAL based upon what you stated here. Maybe I missed something. My apologies if I did.
knitlady037
December 2nd, 2009, 07:39 PM
Sorry about you losing your money, but I think you dropped the ball here. If you had the time to do an e-mail chat with HAL, you had the time to pick up the phone. Your online chat did not go into alot of detail. Maybe the personal touch of a phone call would have been better.
gebo
December 2nd, 2009, 07:42 PM
HAL can and will sell that cabin again. What they did was lose a customer and bad press is far more expensive than $350. A good faith consideration could have been made. The agent could have posted that cancelation in lieu of the TA's confirmation. I think.
Jade13
December 2nd, 2009, 08:00 PM
Shirt-man,
Was your "Chat" with HAL prior to Monday, or just after the fact with a general question where the HAL rep had no idea you needed to cancel a specific cruise immediately? Why didn't you just send them a message that you wanted to cancel the cruise?
Based on what you typed, it comes off a little nonchalant when you have an important deadline date and can't get in touch with your agent. I'm assuming you phoned your agent and knew they were away/closed (or received an email "Out of office" message - you don't say).
If you knew your agent was off until Monday why didn't you call HAL??? I would have called, than gotten an email address and put the cancelation in writing.
I guess I just don't work with TA's who are running a one person operation. In this day and age you either need an office to call on the weekends, or a TA who is using a black-berry or like device, or would have left a number to call in case of emergency or issues that "can't wait until Monday".
You are putting all the blame on HAL, but none on your TA who was unreachable with no back-up all weekend, or yourself for not being proactive.
Also, if your email or live chat was over the weekend, and more specific like "I need to cancel reservation xyx and my TA is unreachable" you would have a case.
dinoman
December 2nd, 2009, 08:02 PM
I'm sorry for what happened to you, but I think the HAL receptionist did not get the full picture from you as seen from the dialogue record. If you told her that your payment deadline is on Monday and you could not get in touch with the TA over the weekend, at least HAL recorded that you called for cancellation before the penalty deadline and it would be their problem, not yours, for unable to cancel your cruise in time, and you may have a better chance or argument in not paying the penalty fee.
CruiseReg
December 2nd, 2009, 08:05 PM
HAL can and will sell that cabin again. What they did was lose a customer and bad press is far more expensive than $350. A good faith consideration could have been made. The agent could have posted that cancelation in lieu of the TA's confirmation. I think.
What bad press? A negative message on cruise critic? Nah, I think this makes absolutely no difference. As other posters have said, HAL did nothing wrong.
I know its hard for some to understand, but HAL is actually a business! Not sailing on HAL because of this? OK, but understand the chances of this happening with another cruise line in the exact same way is REALLY close to 100%.
Jade13
December 2nd, 2009, 08:35 PM
Shirt-man,
Was your "Chat" with HAL prior to Monday, or just after the fact with a general question where the HAL rep had no idea you needed to cancel a specific cruise immediately? Why didn't you just send them a message that you wanted to cancel the cruise?
Based on what you typed, it comes off a little nonchalant when you have an important deadline date and can't get in touch with your agent. I'm assuming you phoned your agent and knew they were away/closed (or received an email "Out of office" message - you don't say).
If you knew your agent was off until Monday why didn't you call HAL??? I would have called, than gotten an email address and put the cancelation in writing.
I guess I just don't work with TA's who are running a one person operation. In this day and age you either need an office to call on the weekends, or a TA who is using a black-berry or like device, or would have left a number to call in case of emergency or issues that "can't wait until Monday".
You are putting all the blame on HAL, but none on your TA who was unreachable with no back-up all weekend, or yourself for not being proactive.
Also, if your email or live chat was over the weekend, and more specific like "I need to cancel reservation xyx and my TA is unreachable" you would have a case.
I am truly trying to be helpful here since you say you sent a formal cancellation to your TA who was unavailable until Monday. You may want to try to find out what would have happened if your TA was available and phoned on Sunday, which I believe you state was the last day to cancel with penalties starting on Monday.
The reason that I bring this up is that, at least 2 years ago, the department the TA's need to go through was closed on Sundays. My situation was different as we had HAL Platinum insurance, and stepdaughter decided to cancel. She was the third person in our cabin. This was over a weekend with 31 days being on a Sunday, and 30 days on Monday. At 31 days notice we would receive 95% of the cruise fare refunded, but at 30 days only 90%. We contacted the TA who was available on Sunday and put it in writing. She could not call the HAL department until Monday. We only received 90% back and it took 2 or 3 months to get the other 5% refunded.
I initially just thought it was a calculation issue but apparently it had to do with the date the TA contacted HAL. We eventually got the other 5% back and I believe because there was an email trail and HAL department closed on Sunday. Btw, the amount in question was $44.00 in our case.
So, I am just suggesting that you confirm that your TA could have gotten in touch with the TA department to cancel on Sunday. The other piece of information I'd want to know is if your TA was proactive Monday morning and called immediately when they opened on Monday (8:00am?), or didn't get around to contacting HAL until the afternoon.
Also, HAL is in business to make money and the deadline was missed. Based on the few cases I have seen here, if HAL changes their minds and makes an exception in your case, they are more likely to let you put the $350.00 towards a future cruise vs giving you cash back. Just be prepared for that.
K&RCurt
December 2nd, 2009, 08:39 PM
I'm sorry but I would not deal with a Travel Agent who could not be reached over an entire weekend. What would you do if you ran into trouble and needed assistance from your TA while traveling over a weekend?
You knew the final payment date and pushed it to the last possible minute and, unfortunatly, paid the consequences.
CowPrincess
December 2nd, 2009, 08:50 PM
Personally, I don't see this one as "black" or "white", but some shade of gray. The OP did contact HAL, thru "click to chat" and was told he HAD to deal with his TA. I'm making a BIG assumption, that he tried this BEFORE the penalty phase. Perhaps the OP will come back to the thread and clarify that.
While we can all armchair quarterback what he should have done, some of us aren't rule breakers or "boat rockers". This part in particular bugs me: "we will cancel the booking with the clients directly". Where is that documented? OR was the OP expected to be psychic? If HAL doesn't owe the OP some reconsideration of their decision, the OP needs to get alllllll over his TA for the TA to pick up the cost. Why should the OP be out money when he followed "the rules"? IMHO someone owes the OP some money, unless there's a whole bunch of stuff we are not being told.
robcool
December 2nd, 2009, 08:58 PM
I guess I have always heard (and the chat transcript confirms) that HAL, or any cruise line, will not even talk to you if you have gone through a TA. If that is the case why would you call HAL knowing that they won't deal with you? I guess the OP could have, in desperation, tried to call HAL and see if they would do the cancellation on Friday using the "my TA is not available" line, but the "talk to your TA not the cruise line" policy is usually pretty strictly followed.
It is surprising that the TA had no arrangments for an emergency, or a contact in case a client needed help.
Jade13
December 2nd, 2009, 09:04 PM
Personally, I don't see this one as "black" or "white", but some shade of gray. The OP did contact HAL, thru "click to chat" and was told he HAD to deal with his TA. I'm making a BIG assumption, that he tried this BEFORE the penalty phase. Perhaps the OP will come back to the thread and clarify that.
While we can all armchair quarterback what he should have done, some of us aren't rule breakers or "boat rockers". This part in particular bugs me: "we will cancel the booking with the clients directly". Where is that documented? OR was the OP expected to be psychic? If HAL doesn't owe the OP some reconsideration of their decision, the OP needs to get alllllll over his TA for the TA to pick up the cost. Why should the OP be out money when he followed "the rules"? IMHO someone owes the OP some money, unless there's a whole bunch of stuff we are not being told.
I am guessing the OP contacted HAL with the live Chat AFTER Monday and the deadline date when they found out HAL was keeping their $350.00. The reason I say this is because it is way too general Someone who knows they have a deadline in a day or two would have said, "My TA is unreachable and I need to cancel Reservation Number xyz for x ship on x date." "Please confirm". If that was the case they would have a good case and written proof they had contacted HAL to cancel.
Btw, I avoid the live chats and such at work because I have no record of my dealings with anyone including those at my own company.
Jade13
December 2nd, 2009, 09:16 PM
I guess I have always heard (and the chat transcript confirms) that HAL, or any cruise line, will not even talk to you if you have gone through a TA. If that is the case why would you call HAL knowing that they won't deal with you? I guess the OP could have, in desperation, tried to call HAL and see if they would do the cancellation on Friday using the "my TA is not available" line, but the "talk to your TA not the cruise line" policy is usually pretty strictly followed.
It is surprising that the TA had no arrangements for an emergency, or a contact in case a client needed help.
Not to mention a good TA will go to bat for you, and would have called HAL Monday morning right when they opened and negotiated with them to refund their good clients funds "because it is my (TA's) fault they could not reach me over the weekend." That is not what is happening here.
Also, if the deadline was really and exactly Sunday, I still have a problem with a deadline not being pushed until Monday. As I mentioned on another post, at least in 2007, the department TA's deal with was closed on Sundays. There are also other cruise lines on CC that are closed on Sunday, and you make a good point that HAL tells you that you need to go through your TA. Only an aggressive, take charge person would be pushing through that by phone, asking for a supervisor, and while I think that most people active on CC would do that, I don't think that's the average person traveling on these ships.
lorekauf
December 2nd, 2009, 09:19 PM
My TA works for a big travel agency (think auto) and isn't open on Sunday. I think I'd be hard pressed to find one that does work Sunday and I live in a city of over a million so I'm surprised that so many people do have one. That said I don't know why anyone would wait until the very last minute to cancel....but that is just me.
garydm
December 2nd, 2009, 09:26 PM
Has anyone ever had a HAL employed person discuss anything about a cruise booked through a travel agent with them? I am not saying it is right or wrong, but in my experience they just flat out will not do it.
Gary
Zappa Fan
December 2nd, 2009, 09:28 PM
I had a reservation through my travel agent that I wanted to cancel outside the 90 day cancellation time. I sent an email to my travel agent a little after 5pm on Friday but she was closed. Final payment and the penalty started on Monday. My agent called HAL first thing on Monday morning and they said they would cancel the reservation but with a $350 deposit penalty. She even sent them a copy of the email but they said I could have called HAL to cancel.
Below is the response from HAL about an appeal:
I am sorry to advise that the waive penalty request was denied. Our reservation's dept. is open on the weekends in which we could have had the opportunity to cancel the record with your clients, prior to penalties beginning. In cases where an agency is closed over the weekend and we approach penalties, we will cancel the booking with the clients directly and then notify the travel agent on the first business day after the weekend.
Below is a transcript I had online with HAL about trying to cancel with them when you book a reservation with a travel agent.
Subject: Your Click to Chat Transcript
Ashley : Hi thank you for contactin Holland America Line. My name is Ashley. How can I help you?
David : Can I cancel a cruise with you that is booked through a travel agent?
Ashley : You would have to to have your travel agent cancel it for you.
David : No exceptions?
Ashley : No exceptions
David : Thank you
Ashley : Is there anything else I can help you with today?
David : No
Ashley : Thank you for contacting us. It was my pleasure to assist you today, and I hope that I have been able to answer all of your questions. Have a good day!
So I guess HAL has a 90 day plus the weekend cancellation policy.
They have my $350 but will never see me on one of their ships.
Firstly, allow me to say that I'm crazy about HAL. BUT.... I'm with you, Shirt Man. In this situation I'd be furious both with my travel agent, as well as Holland America.
In your situation, I would never consider booking another cruise on HAL.
Keep plugging away.... I sure wouldn't let this issue rest. Good luck to you!:)
room010
December 2nd, 2009, 09:32 PM
If that really was the OPs verbatim conversation with the HAL representative he was being disengenuous by providing so little specific information to them about his specific circumstances. Perhaps if he'd explained from the outset that his TA wasn't available to cancel cruise on his behalf he might have had a more sympathetic response from HAL (and me).
BruceMuzz
December 2nd, 2009, 09:37 PM
That $350 turned into a "Not paying attention tax".
Darwin was right.
velvetred
December 2nd, 2009, 10:10 PM
I don't know if this would work or not - maybe others can chime in. What about disputing the charge through the credit card company? The OP could give it a try although I agree with others that after 5 pm on a Friday is a little late to get the ball rolling for cancellation with a Monday am deadline when the TA does not work the weekend. I think this is a good lesson for us all when dealing with TA's - know on the front end what one's options will be to cancel on the weekend before the deadline.
Boytjie
December 2nd, 2009, 10:19 PM
Excuse me, your penalty period starts on Monday and you decide to email your cancellation to your TA after 5pm on Friday? You apparently weren't too concerned about missing the cut-off yet now HAL is that bad one? :rolleyes:
lorekauf
December 2nd, 2009, 10:38 PM
Has anyone ever had a HAL employed person discuss anything about a cruise booked through a travel agent with them? I am not saying it is right or wrong, but in my experience they just flat out will not do it.
Gary
I have to say that I have had that experience. Some of them have told me more then they should and I was happy they did. That said....it's been rare.
alsas
December 2nd, 2009, 10:45 PM
Has anyone ever had a HAL employed person discuss anything about a cruise booked through a travel agent with them? I am not saying it is right or wrong, but in my experience they just flat out will not do it.
Gary
What a load of garbage. I have booked and tried to talk to Hal and they WILL NOT TALK TO YOU REF BOOKING. yes I am shouting You must not let any one talk you out of not disputing this all the way. You must not be penalised IF YOU HAVE PROOF OF E MAIL DATE..YOU wil win Happy sailing Alsas
HWY 101
December 2nd, 2009, 11:05 PM
We have certainly learned a lot here, but have to agree that you have to answer the bell, so to speak, for deadlines.
We were forunate to have T/A who was avail. on line and on the telephone on weekends, but the phone worked the best for us on that particular weekend for a refund of a price reduction, that moved by quickly.
kjw869
December 2nd, 2009, 11:26 PM
Has anyone ever had a HAL employed person discuss anything about a cruise booked through a travel agent with them? I am not saying it is right or wrong, but in my experience they just flat out will not do it.
Gary
Yes, I have, but it was after I spoke with the third HAL agent. It was in regards to a flat out lie that an agent from an online TA had told me. The HAL agent provided me with a phone number for the agent to call, and 30 minutes later, the problem was resolved.
The HAL agent never said a bad word about the agency, but was very understanding and very helpful for my situation.
Bill S
December 2nd, 2009, 11:55 PM
Shirt-Man--
I too, am sorry that you lost $350. However, here is the key component in HAL's denial of your appeal:
In cases where an agency is closed over the weekend and we approach penalties, we will cancel the booking with the clients directly and then notify the travel agent on the first business day after the weekend.
Unfortunately, nowhere in your online chat, did you advise the HAL rep of these crucial facts: 1) that you had a booking; 2) that you needed to cancel that booking before Monday; and, 3) that your travel agent was unavailable over the weekend and you could not reach her.
You asked the HAL rep a simple question with no factual context. In return, she gave you a simple answer, again, with no factual context. The HAL rep had no way to read your mind especially using an online chat.
Assuming that what HAL said is true about it's practices when an agency is closed over a weekend, I think you indavertently gave HAL an easy out by not stating the facts surrounding your situation during your chat. If you had explained the situation in full to the rep and if HAL still denied your appeal, then I'd agree that HAL acted unfairly in it's treatment of you.
dinoman
December 3rd, 2009, 12:58 AM
When I tried to book with HAL directly through a long distance phone call, they gave me the local handling agency instead and asked me to contact them directly. I do not know if there are any differences between a TA and a local HAL handling agency, who is also a travel agency, and whether the same applies if I need to cancel my cruise on a weekend or a holiday. I better check it out.
SwissMyst
December 3rd, 2009, 01:01 AM
How would the OP feel if HAL sold his room to someone else a "few minutes" before the deadline and the OP really wanted it?
Would HAL demand the OP to stop complaining about giving away his/her room a "few minutes" prior to the time period they promised they would hold it for OP?
How can the OP complain? If HAL had given away the room to someone else before the cut off deadline, then there would be a complaint.
Nope, HAL comes out smelling like a rose on this one. OP blew his agreed deadline with HAL. HAL held up their end of the bargain. Are the rules for someone else, but not him/her?
I hope the moderator deletes this thread because the title chosen by the OP is offensive and an inappropriate slur against HAL.
KAKcruiser
December 3rd, 2009, 01:15 AM
I think that maybe the travel agent could have tried harder. Maybe she just didn't feel like being bothered since she was losing the booking anyway.
I also cannot believe that HAL would talk directly to a client who booked through a travel agent.
DFD1
December 3rd, 2009, 07:28 AM
Believe it or not, the world does not yet run completely by email.
I believe this is a case where a phone call explaining all the circumstances surrounding the request for cancellation would have made all the difference.
An email is worth nothing until it is read and responded to by the appropriate party and, in this case, in a timely manner.
I'm sorry the op lost her $350.00, but had it been me, I would never have relied on anything but a detailed conversation with someone at HAL who could help me.
JMO
cruisecrasy
December 3rd, 2009, 07:46 AM
My TA works for a big travel agency (think auto) and isn't open on Sunday. I think I'd be hard pressed to find one that does work Sunday and I live in a city of over a million so I'm surprised that so many people do have one. That said I don't know why anyone would wait until the very last minute to cancel....but that is just me.
Perhaps the circumstances were such that the OP had no other choice but to cancel that late - hope it never happens to you!
HAL, in my experience, will not discuss ANYTHING with u never mind cancelling a cruise for u directly IF u are booked thru a TA. This is an absolute 'crock of u-know-what'! HAL is paying fast & loose here and we should all be incensed..This was an easy $350 for them and they grabbed it...
SHAME on u HAL - at the very least the OP shld be offered credit toward another cruise..
IMHO anyway!
I wld suggest the OP give his TA another phone call and 'suggest' they try a bit harder to get the $ back or at the very least a credit from HAL - and if they won't, I wld let the TA know they are now your former TA..
Good luck OP :)
Happy cruisin' all!
cruisecrasy
December 3rd, 2009, 07:58 AM
Shirt-Man--
I too, am sorry that you lost $350. However, here is the key component in HAL's denial of your appeal:
In cases where an agency is closed over the weekend and we approach penalties, we will cancel the booking with the clients directly and then notify the travel agent on the first business day after the weekend.
Unfortunately, nowhere in your online chat, did you advise the HAL rep of these crucial facts: 1) that you had a booking; 2) that you needed to cancel that booking before Monday; and, 3) that your travel agent was unavailable over the weekend and you could not reach her.
You asked the HAL rep a simple question with no factual context. In return, she gave you a simple answer, again, with no factual context. The HAL rep had no way to read your mind especially using an online chat.
Assuming that what HAL said is true about it's practices when an agency is closed over a weekend, I think you indavertently gave HAL an easy out by not stating the facts surrounding your situation during your chat. If you had explained the situation in full to the rep and if HAL still denied your appeal, then I'd agree that HAL acted unfairly in it's treatment of you.
Why wld the rep need any more info - what difference wld telling them that story. HAL will not deal with anyone who has booked thru a TA - no exceptions. I have been told this many times over many yrs..
So, HALs stating the OP cld have cancelled directly with them is a 'crock'! and telling some rep with no power to do anything anyway, wldn't have made a tiny bit of difference, IMHO and experience!
Cinema15
December 3rd, 2009, 08:20 AM
We now live in a culture where things are attempted at the very last minute. "On the edge" living I call it. When trying to do something last minute, stuff happens (as evidenced by this example) and time runs out.
However I feel the TA should absorb this $350 and return it to the client who most likely would use it as a deposit on another cruise anyway. In doing so the TA would keep a customer which are harder and harder to come by these days.
lorekauf
December 3rd, 2009, 09:53 AM
Perhaps the circumstances were such that the OP had no other choice but to cancel that late - hope it never happens to you!
Like I said in my other post...it's just me. I can't imagine why in the world I would cancel right before the deadline unless it was for medical reasons. I do buy insurance....so in that case it would be covered. People have to take responsibility for their actions. I know for some....that is a foreign concept.
sail7seas
December 3rd, 2009, 10:07 AM
HAL has reps working all weekend. If you could not reach your TA or your TA couldn't reach the department with which they normally work, any e-mail sent to HAL on Saturday would have been evidence of your effort to cancel.
I would have called any HAL number which connected me with any living person and would have asked for as many e-mail addresses as possible. I would sent that e-mail with as many copies to as many addresses/names as I could accumulate including the links on the HAL site.
That would have worked IMO
When you produced notification sent to any number of HAL persons, you would have gotten your refund IMO
I'm sorry this happened to you but I think we all learned we need to be more proactive and take responsibility for ourselves more and more in this world. Sadly, we cannot always count on the 'so-called' professionals we think are working for us. Some of them are not as professional as we would like.
Copper10-8
December 3rd, 2009, 10:16 AM
That $350 turned into a "Not paying attention tax".
Darwin was right.
Rim shot!;)
ekerr19
December 3rd, 2009, 11:10 AM
I think your TA should bear some of the responsibility! If my TA is out of the office or otherwise unavailable, she always has contact information available (via her voicemail and email) for another agent in the office who will be available.
I have also heard that HAL will not discuss TA bookings with clients directly, but when my DD left her cruise tickets at home and we were already in FLL - I NEEDED to know if they were required so I could have someone go to my house, get them and Fed Ex them to me at the hotel.
Seattle was in the middle of that terrible snow storm and no one was in my TA's office, so I called HAL directly and spoke with them - they were very kind and helpful, and said as long as we had the online docs filled out and printed, she was fine. The woman even gave her name, her title and her phone extension, in case we had any problems at the pier.
In cases where time is of the essence, I think HAL will speak to TA booked pax. I wish the OP would have picked up the phone and called them.
momofmeg
December 3rd, 2009, 12:35 PM
I'm sorry but I would not deal with a Travel Agent who could not be reached over an entire weekend. What would you do if you ran into trouble and needed assistance from your TA while traveling over a weekend?
You knew the final payment date and pushed it to the last possible minute and, unfortunately, paid the consequences.
My thoughts too. I use an on line travel agency who have people available 8 am to 8 pm eastern, seven days a week.
Also, as you said, if I wanted to cancel, but simply could not make up my mind, I would not wait until the last possible minute to cancel. UNLESS, it was an emergency-and in that case, I always have travel insurance.
momofmeg
December 3rd, 2009, 12:42 PM
Perhaps the circumstances were such that the OP had no other choice but to cancel that late - hope it never happens to you!
HAL, in my experience, will not discuss ANYTHING with u never mind cancelling a cruise for u directly IF u are booked thru a TA. This is an absolute 'crock of u-know-what'! HAL is paying fast & loose here and we should all be incensed..This was an easy $350 for them and they grabbed it...
SHAME on u HAL - at the very least the OP shld be offered credit toward another cruise..
IMHO anyway!
I wld suggest the OP give his TA another phone call and 'suggest' they try a bit harder to get the $ back or at the very least a credit from HAL - and if they won't, I wld let the TA know they are now your former TA..
Good luck OP :)
Happy cruisin' all!
That is the policy of all the cruise lines-if you booked through an agency/agent you must go through them. The only exception I know of is, if the agency went bankrupt and so is no longer in business.
sapper1
December 3rd, 2009, 01:57 PM
Like I said in my other post...it's just me. I can't imagine why in the world I would cancel right before the deadline unless it was for medical reasons. I do buy insurance....so in that case it would be covered. People have to take responsibility for their actions. I know for some....that is a foreign concept.
I was wondering when someone was going to point out the obvious----the guy should have had insurance. Thanks---I was just about to post that myself.
Jade13
December 3rd, 2009, 02:44 PM
Someone on another board (I think SilverSeas) is out $6,000.00. Their deadline was 120 days.
It's a bit confusing because they were suppose to be on small segments of a World Cruise, I think, and the World Cruise had a different deadline. Of course they should have this all in writing on their invoice.
knitlady037
December 3rd, 2009, 03:48 PM
HAL will talk to you even if you booked with an agency if you explain your problem clearly. I had made final payment on one of my cruises and went online to book excursions. My booking # kept coming up as cruise cancelled. It was also a Friday after 5 eastern time and I couldnt contact my TA. I was a little freaked out and called HAL and calmly explained my situation. The agent was very helpful. She could not give me specific info, but she said my reservation was fine but the booking # had to be changed for some unknown reason. She could not give me the new booking # but at least I didn't have to wait all weekend to find out if everything was OK. They will do whatever they can to help you if you give them a chance. The general e chat question IMO did not give the agent any idea that there was a time limit involved. Also the OP has never come back to update us about any further contact with HAL.
CDRMark
December 3rd, 2009, 03:53 PM
I would be really mad ... at my TA, and expect them to reimburse the $350. What do they say?
Cheers
Mark
SwissMyst
December 3rd, 2009, 04:22 PM
I would be really mad ... at my TA, and expect them to reimburse the $350. What do they say?
Cheers
Mark
I would hope they would say: "I am sorry you did not call during normal business hours, since you knew what the deadline was when you signed up for the cruise."
room010
December 3rd, 2009, 05:41 PM
I don't understand why it was necessary take it right down to the wire before cancelling but sometimes things happen to make it unavoidable. In which case your holiday cancellation insurance would cover the cost, right? ;)
PatsyAnne
December 3rd, 2009, 05:50 PM
Both my travel agent and I mark our calendars several days prior to significant dates. I trust my TA to alert me, but also take responsibility. No surprises, unless there is a surprise. I'm glad to know that I can call on a weekend for an emergency if my TA isn't available. But for normal changes, I have a bring-up that notifies me of looming dates. Also dentist appointments.
Bill S
December 3rd, 2009, 10:23 PM
Cruisecrasy: Why? Here is why I think it would have made difference. Look at what HAL told him! Their rationale for not refunding the $350 was based on the fact that he never told the rep that his TA was unavailable for the weekend and that he needed to cancel a booking.
If OP had included critical facts in his online chat and provided that transcript to HAL, maybe, just maybe, HAL would not have had a valid rationale to deny the refund. He had no "ammunition" to mount a successful appeal other than "good will". Any critical facts that he eventually submitted to HAL were submitted too late. Given that he only disclosed the facts after the deadline, HAL obviously was not willing to give him the benefit of the doubt.
His chat gave no hint of what was really going on or what he wanted to do or why he was contacting HAL. Taken on its face, his question sounded like that he was contemplating making a booking and was trying to decide whether to use a TA or book directly with HAL.
Just another nickel's worth of an opinion (it used to be two cents worth).
owl61
December 6th, 2009, 12:47 PM
Shirt-man,
Was your "Chat" with HAL prior to Monday, or just after the fact with a general question where the HAL rep had no idea you needed to cancel a specific cruise immediately? Why didn't you just send them a message that you wanted to cancel the cruise?
If you knew your agent was off until Monday why didn't you call HAL??? I would have called, than gotten an email address and put the cancelation in writing.
Also, if your email or live chat was over the weekend, and more specific like "I need to cancel reservation xyx and my TA is unreachable" you would have a case.
I don't know if this would work or not - maybe others can chime in. What about disputing the charge through the credit card company? The OP could give it a try although I agree with others that after 5 pm on a Friday is a little late to get the ball rolling for cancellation with a Monday am deadline when the TA does not work the weekend. I think this is a good lesson for us all when dealing with TA's - know on the front end what one's options will be to cancel on the weekend before the deadline.
WARNING; WARNING : FREE LEGAL OPINION
RIGHTS OF OP AGAINST HAL:
If the OPīs live chat occurred on the weekend before the penalty kicked in, OP has a valid claim against HAL to recover the $350. I recommend making a claim through the creditcard co and, if necessary, with the local small claims court. Venue and/or mandatory arbitration issues may exist so a review of the cruise contract may be in order prior to filing a court claim.
There was no requirement for the OP to be more specific if he was told "no exceptions" in regard to needing to go through his TA to cancel a cruise. HAL has to train their chat staff better if, in fact, there are exceptions, e.g., cancellations on a weekend before penalty period kicks in. There was a causal connection between the employeeīs mistaken statement and the customerīs loss. In such circumstances contract law principles of estoppel will not allow HAL to exercise the forfeiture clause.
I suspect the live chat occurred some time thereafter the fact and was done to ascertain whether the OP would have been able to cancel had he called. The OP never tried to cancel directly with HAL before the penalty period kicked in. While the misstatement of the chat employee is cause for concern it was not the cause of the customerīs loss. As there was no causal connection between the conduct of HAL and the contractual forfeiture properly kicking in, HAL has no liability. Theoretically, the OP might even have received different and correct advice if his chat occurred on the weekend (I suspect the chat occurred on a week day).
RIGHTS OF OP AGAINST THE TA:
The TA has no liability to the OP unless there was an agreement that emails sent after hours and on a weekend would be acted upon by the TA prior to the next business day.
Absent an express or implied agreement to the contrary, it was unreasonable for the OP to think that his TA would be obligated to receive and act on an email sent after closing hours on Friday in time for the TA to contact HAL before Monday morning. The law would not infer such an obligation in the normal contractual relationship with a TA.
p.s. Do not rely on free legal opinions
DizzyDallasDi
December 6th, 2009, 02:43 PM
I'm confused with all this talk about HAL refusing to talk to you if you booked though a TA because I've had numerous conversations directly with HAL after booking with a TA. No one at HAL ever said a word to me about needing to talk to my TA and not them. The HAL reps I spoke with were very nice and quite helpful. Maybe there are certain things they're allowed to discuss and handle?
Diane
iflyrc5
December 6th, 2009, 02:52 PM
My TA works for a big travel agency (think auto) and isn't open on Sunday. I think I'd be hard pressed to find one that does work Sunday and I live in a city of over a million so I'm surprised that so many people do have one. That said I don't know why anyone would wait until the very last minute to cancel....but that is just me.
I have the personal cell phone number of my TA and can call her 24/7 if needed. So far have not had to but it is a nice feeling to be able to do it if needed. We have worked with her for over 10 years.
Jemima
December 6th, 2009, 04:35 PM
HAL's brochures and contracts state that a written cancellation must be received by them prior to the various penalty dates. I received letters with my last 2 or 3 bookings, made directly with HAL, that canellations must be done by the last business day prior to the start of the penalty period. HAL's brochures and website both give telephone numbers which are easy to find. On the website home page, a click on "contact us" brings up phone numbers. There is also an e-mail contact, but it warns e-mails may get to appropriate departments in a timely manner. Where is the chat? It isn't included in the contacts.
And where is OP?
LADYLAYLA
December 6th, 2009, 04:55 PM
Shirtman
The problem was not HAL, the problem was the fact you emailed your TA after 5 on a Friday (and also probably not open Sat) and expected to cancel within the window. HAL's policy regarding cancellations are very clear HAL will not talk to an individual who makes a reservation through a TA. The fact your TA did not contact HAL until Monday is the problem. Pursue the request for reimbursement against your TA and next time use one that is not a 9-5 M-F agency (also dont wait until after 5 on the Friday before your final payment date to cancel.
olefin32
December 6th, 2009, 06:26 PM
Another reason why we deal direct with HAL. :)