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Cancellation rights after itinerary changes


Amg1955
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we have booked a cruise in April 2019 on Celebrity cruises via our TA for our 40th anniversary.

It was advertised as Japan to Canada via Alaska. We were attracted to the itinerary and also a special offer of all inclusive plus onboard credit.

As soon as we booked and paid the deposit (£500) we were told the offer didn’t apply to this cruise as it was a repositioning cruise. Ok, we accepted this as it wasn’t our main motivation for booking.

Now, 14 months away from sailing, we are told that the only stop in japan has been changed to somewhere unheard of in Russia (it starts in Tokyo but in a hotel), and that Alaska is off and we are going straight to Canada.

Our agent tell us we cannot cancel or change as this is not a “significant change”- 2 of the 3 places on the title we are not visiting, and it is over a year away. Is this not misspelling.

Edited by Host Walt
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1. Check your cruise booking conditions/contract...if what your agent have repeated is there then it will be tricky

 

2. Did you get insurance? (There may be a clause to help)

 

 

If neither help you could try and talk to someone senior within the company to change to another cruise/get some sort of compensation. I knew of friend who told another major cruise website she was going somewhere else to book her cruise as she wasn't happy with the misleading info on the site. They gave her £200 OBC to keep her with them....it was a risk as she would have lost her deposit when cancelling.

 

Unfortunately cruises and cruise websites are allowed to change itineraries and get away with it....its stated on booking conditions. It is particularly tricky with TAs and sites as they don't control the cruise lines.

Edited by Host Walt
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Not sure if you have some recourse in the UK or not

Usually if the cruise is still going from A to B the port stops can be changed BUT in North America we can cancel up the final payment date for a full refund

I know this is not the case for UK bookings

You could cancel but you lose your deposit AFAIK?

 

 

Was the cruise advertised like that on Celebrity site or just the TA site?

I just wonder if it was a mistake by the TA

Edited by LHT28
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Looks like you still have one stop in Japan. In North America we would have no recourse but you may in the UK. You have very different rules and trip changes.

Sure you would the cruise is a year away so those from N.A. can cancel & not lose their deposit

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Sure you would the cruise is a year away so those from N.A. can cancel & not lose their deposit

Yes of course. I meant if we had a non refundable deposit and there was an itinerary change but I think UK protects them from that.

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In the UK cruise lines can't contract out of their legal obligations with a stack of "terms & conditions", many of which are indefensible in law & are only in there to dissuade folk from standing up for their rights. Doesn't matter whether you've ticked any "I accept" box or signed any booking form, your rights are unaffected.

This includes itineraries - cruise lines don't have carte-blanche to change ports at will.

 

The krunch, as you've already figured, is whether the changes are "a material change".

A change of date or embarkation / disembarkation port is most definitely a material change.

One changed port of call probably isn't, regardless of the reason. That probably includes the only port-of-call in a given country.

Two ports out of three or four might constitute a material change, two out of a dozen probably not .

 

There's another krunch - whether a change is outwith the cruise line's control.

Industrial action, government edict or advice, public disorder, infrastructure damage / changes, in a port of call aren't within the cruise line's control. Nor is wind & weather. Mechanical issues are within the line's control, even if they're unexpected.

But I don't see how any of those things can have affected the decision to change those ports a year ahead.

 

Ask the reasons for the changes, that can be quite important.

Then if you want to cancel you should tell the cruise line that's what you intend to do and will they please refund your deposit.- but don't actually cancel until the issue is resolved or until more cancellation costs are about to be incurred.

You will probably be stonewalled, the cruise industry is just the same as other industries, but time is on your side.

You'll likely need to chase at least two or three times, and possibly threaten court action.

Be aware that the appropriate law & courts are those of the country where you booked, don't be fobbed off by terms & conditions or responses which suggest that the issue must be resolved by any other country, court, or arbitration service.

 

Any positive response is likely to start with an offer of an upgrade or on-board credit, or a switch of your deposit to another cruise. etc, rather than a cash refund. Accept only if that's what you want.

 

Before spending money on the issue you need qualified advice.

CAB?

Or a CAB-introduced half-hour's advice from a solicitor for a nominal sum.

But even if that qualified advice is that you have no rights, it's still worth pursuing to get what redress you can - cruise lines don't like the cost, grief, and particularly the bad PR of being taken to court.

 

All JMHO

 

JB :)

cruiser and barrack-room lawyer. ;)

.

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