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Marty156

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Posts posted by Marty156

  1. It seems to be very dependant as to where/whom the policy was bought from.  

    I'm sincerely hoping that yours does cover all the below exclusions. 

     

    For example, in their PDS it says:

    "Cruise cover Claims directly or indirectly for or related to Your cruise, and cruise travel or that arise whilst on a cruise are specifically excluded from this policy."  Unless cruise cover is bought in addition.

     

    And then under Other Circumstances Section 2, Additional Expenses, it says:

    "We will not pay for claims (under Section 2.3 or 2.5) caused by:

    1. an Epidemic, Pandemic or outbreak of an infectious disease or any derivative or mutation of such viruses (or arising directly or indirectly from these) or the threat, or perceived threat, of any of these.

     

    Under Amendments & Cancellation costs Section 3 it says:

    18. an Epidemic, Pandemic or outbreak of an infectious disease or any derivative or mutation of such viruses (or arising directly or indirectly from these) or the threat, or perceived threat, of any of these.

     

    Under Travel Delay in section 8 it says:

    2. an Epidemic, Pandemic or outbreak of an infectious disease or any derivative or mutation of such viruses (or arising directly or indirectly from these) or the threat, or perceived threat, of any of these.

    Under Special Event Section 10 it has:

     

    We will not pay for 

    2. an Epidemic, Pandemic or outbreak of an infectious disease or any derivative or mutation of such viruses (or arising directly or indirectly from these) or the threat, or perceived threat, of any of these.

     

    I really really hope that I'm wrong in my understanding.

    (I've spent a few days looking at various policies- to compare to mine)

     

     

  2. Almost 100% of insurance policies in Australia specifically EXCLUDE anything like a epidemic/pandemic or contagious disease!

    There is ZERO cover for credit card insurance policy holders.

     

    Best way to get any funds returned is to take upo the cancellation offer from Princess.

    • Like 1
  3. Boblerm

    So that is where my refund went to!

    Paid AUD20,000 in 2013 and still waiting on the Australian High Court to decide when any refund is paid.

    So if your refund was quadruple your outlay in 18 months, I wonder what mine would be after more than 6 years?

     

    Consider yourself lucky, there are over 12,000 people from 2013 still waiting for any sort of refund/compensation.

    Then there is the high possibility of another Class action for the 2018 cruises that had low water and also had a forced bus trip for weeks.

     

     

  4. From bitter experience Scenic always goes for the cheapest and most underhanded methods in business.

    They do not care about their customers in the slightest!

    Its all about money, and how to avoid paying out any if at all possible!

     

    • Like 2
  5. Just to add another 5 cents worth,

    Scenic is the same company that has in their terms & conditions that they can substitute a ship with a bus!

    (Or perhaps a rowboat in the case of the Marie Eclipse!)

    Its also the same company that knew that it was impossible to navigate the rivers during a certain time in June 2013 (as shown by Email from the Owner), but saying that the customers should be given the a European Experience by bus, instead of the very expensive 14 day river cruise.

     

  6. DougOz and BigM

    No, there is no amount set for the claim.

    It is up to the judge initially to find if Scenic is culpable in the first place.

     

    If so, then there will also be the matter of the judge deciding whether a bus is a suitable replacement for a ship! (As Scenic attempted to confirm to the judge). -See comments from Cyrix4000 who was at the Court hearing!)

     

    Then there are the various legal Australian Consumer Law issues, such as if a clause is deemed to be (and ruled to be) invalid, in which case it is totally removed from the contract.

     

    This is interesting on its own, if the clause that states that you are bound by the T&C just by paying a deposit -ONLY, and if this clause number 1.2 should be ruled invalid, then there would be no applicable T&C at all!

     

    It is then a matter for the legal beagles to identify claim amounts- based on the impact of each individual cruise ship.

     

    Following this, no doubt there will be other claims and counter claims for loss of enjoyment and inconvenience, for not giving the consumer the option to cancel as this was a major breach of the ACL etc, and so on.

     

    Oh, and Big_M

    I noted you were on an elevated train track, and obviously not going via for example Passau and other places (that had a 500 year flood event!)

     

    So, please refrain from your obviously unqualified opinions.

  7. It's not what I think. As said, I was there as well.

     

    We both have an opinion on the situation. However, all the cruise lines have dealt with rising waters before, and they still sail/get around it, not cancel and refund as a matter of course. Nothing in the days leading up to it gave any indication that it would be as rapid as it was.

     

    Were you really there Big-M?

     

    So, which ship (of the 13 Scenic branded ships) were you on between May and June 2013?

    which one of the 1200+ pasengers affected by more than 1 day lost sailings was you?

     

    If not, then you have absolutely zero knowledge or authority -let alone any vestige of a smidgeon of credibility- in this matter. UNLESS you are one of the trolls that either received a free trip as certain travel agents did, or you are connected/involved with said company or their friends.

     

    DougOz

    I'm not sure what I can divulge re evidence at this stage. As it is still a matter in Court.

    However, let me assure you that significant evidence was shown that Scenic KNEW all about the issues prior to pax leaving Australia and they refused to advise pax, refused to acknowledge that the rivers were closed for navigation and -refused to give Australian passengers the option to cancel!

     

    Documentary evidence in Court demonstrated that Scenic knew about the river conditions prior to embarkation and there is evidence that they gave UK pax cancelation options, but stressed NOT to tell the Aussies.

     

    Europe offices and their staff wanted the company to cancel, but SCENIC head office in Newcastle NSW refused to do so. Even knowing that it would be impossible to even perform 50% of a cruise.

     

    Wonder why most other rivercruise companies not only gave a full refund, but also additional credit towards a future cruise. But Scenic did not. Only offered a measly $500 per person for something that cost around $10,000 per person. And only if you asked for it!

     

    Letter sent to passengers from the managing director in Australia said that we would, and I quote,

    "...receive a refund that we would be happy with..."

     

    Really???

    A 0.05% refund would make anyone happy???

     

    Documentation of the Statement of Claim and the defence to it are public documents available on the Supreme Court website and I would encourage Big-M to read same to get the facts right.

     

    http://www.supremecourt.justice.nsw.gov.au/Pages/sco2_class_action/european_river_cruise.aspx

  8. On the morning of day 1, if God told them the rivers would be this high for x days, and they could plan on that, I'm sure they would have cancelled and permitted refunds on certain cruises.

     

    It was a little different than what you think. I know. I was there. And they SHOULD have refunded at the time!

     

    The docks in Budapest were underwater many days prior to sailing time.

    Should this perhaps have given the operator a sense of angst, that the cruise could not possibly commence?

     

    Neither were there any other ships available, sometimes referred to as "ship swaps", which in our case meant a non-moving floating-hotel-in-a-backwater, to save Scenic/Evergreen the cost of on-shore accommodation for those guests that had paid for a cruise, but could not possible commence one for over 50% of their holiday!

     

    Stuck against a muddy bank not moving for many days is not an ideal cruise!

  9. Thanks for updated info Cyrix400. Much appreciated. Pity you were not able to attend the rest. Still, much appreciated by one of those that was forced onto buses for over 50% of time before any possibility of a cruise eventuated. And which was known would happen- by the company several weeks before the start of cruise.

     

    Re the judge's question.

    It is obvious that flood waters in the Danube would flow towards the Black sea, and flood waters in the Rhine flow in the opposite direction towards Amsterfdam. Isn't that why there are so many locks across the hills in between? - As well as permit continuous navigation between those rivers via the Main Canal area?

    We can all postulate the why's and wherefores, but surely an expert opinion would require someone like a hydrologist with experience of floods since the 1500's? Don't think there are that many available with such long memories?

  10. Cyrix400

    Did you go to the court for the legal hearings?

    Woul be very interested in hearing what transpired, as the claim and defence have been updated since the hearing started to version 3.

     

    Would also be interested why Scenic's senior barrister suddenly left after the first day!

     

    On a lighter note, the defendant's barrister has been offered free Contiki tour.

     

    http://www.bandt.com.au/media/contiki-scenic-tours-barrister-alister-abadee

  11. ...and even then either the insurance company wants to wimp out, or change their T&C's to prevent any future claims for the same thing from anyone else.

     

    PS: Noticed that Scenic has been doing this type of thing since at least 2009!

    http://boards.cruisecritic.co.uk/showthread.php?p=23156810

     

    So, I guess getting away with it for years has allowed them to spend around half a billion dollars on new ships recently!

  12. Interesting to note that the contract's "T&C" with Scenic and Evergreen have been modified every time they lose a case! In every new Edition of their brochures.

     

    Makes interesting reading -if you are a masochistic-ly inclined insomniac!

    Apart from that, the "Reasonable Man" theory would indictate that a ship could not be reasonably replaced by a bus? -However, that is what the company claims!

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