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P+O cancellation policy


ramboy
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My wife and i booked to go on Oriana sailing on 6th Jan.I had to cancel and lost 50% deposit.However,the ship never sailed on that date and the cruise was cancelled by P+O.Can i reclaim my forfeited deposit?

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And, no, just because the ship didn't sail, doesn't mean that you can claim your deposit back.

 

I disagree.

 

Section 40 of P&O's T&C's makes clear that P&O may cancel the cruise and if it does so it will "cancel the Contract".

 

As soon as the contract is cancelled then the right for P&O to retain the deposit under section 38 disappears.

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I disagree.

 

Section 40 of P&O's T&C's makes clear that P&O may cancel the cruise and if it does so it will "cancel the Contract".

 

As soon as the contract is cancelled then the right for P&O to retain the deposit under section 38 disappears.

But if you have already cancelled, would that not mean that the contract is nul and void, and therefore section 40 is no longer applicable.

 

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But if you have already cancelled, would that not mean that the contract is nul and void, and therefore section 40 is no longer applicable.

 

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No.

 

If the customer cancels the contract still exists but section 38 permits P&O to make a charge equivalent to the deposit.

 

Section 40 specifically allows P&O to cancel the contract when they don't want to operate the cruise. If they have cancelled the contract they can hardly make a charge under section 38.

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No.

 

If the customer cancels the contract still exists but section 38 permits P&O to make a charge equivalent to the deposit.

 

Section 40 specifically allows P&O to cancel the contract when they don't want to operate the cruise. If they have cancelled the contract they can hardly make a charge under section 38.

 

I stand corrected. Thank you for the clarification. In that case the OP needs to raise the matter with P&O.

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My wife and i booked to go on Oriana sailing on 6th Jan.I had to cancel and lost 50% deposit.However,the ship never sailed on that date and the cruise was cancelled by P+O.Can i reclaim my forfeited deposit?

 

I would dispute the charge with my credit card service and send them a copy of the amount refunded and then proof the cruise never sailed. They should refund under the credit card merchant agreement.

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Is that relevant?

 

Once P&O decide they are not operating the cruise the only way they can do so is by cancelling the contract.

 

If you booked a cruise and then cancelled your cruise you would lose your deposit as to T&Cs of contract you agreed to at selling. If at a later date after you have cancelled your cruise then P&O cancel the whole cruise then P&O would only be liable to pay under T&Cs to those currently booked on the cruise when P&O cancelled.

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If you booked a cruise and then cancelled your cruise you would lose your deposit as to T&Cs of contract you agreed to at selling. If at a later date after you have cancelled your cruise then P&O cancel the whole cruise then P&O would only be liable to pay under T&Cs to those currently booked on the cruise when P&O cancelled.

That was my thinking, but insanemagnet is of the opposite opinion.

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If you booked a cruise and then cancelled your cruise you would lose your deposit as to T&Cs of contract you agreed to at selling. If at a later date after you have cancelled your cruise then P&O cancel the whole cruise then P&O would only be liable to pay under T&Cs to those currently booked on the cruise when P&O cancelled.

 

In spite of any T and Cs the cost of a lost of deposit should be based on the actual cost of the cancellation to the company and any reasonable fee for administration. This is because the contract is one sided and the purchaser is never allowed to negotiate. It’s covered in unfair contracts legislation. Basically they should not make a profit from a cancellation but should not be out of pocket either.

 

So if I cancel and pando then sell my cabin on at the same price or more their only loss is time and perhaps advertising so a reasonable admin fee is fair.

 

If I cancel and pando sell my cruise at a lesser price then the difference in the amount they lose and the admin fee applies. So in most cases this would account for the whole loss of deposit.

 

For a cancelled cruise they won’t sell the cabin so technically lose the whole value. While this is their choice, they could also choose not to sell on any cancelled cabins, selling other empty ones first, so the full deposit would be forfeited every time anyway.

 

Where this can get interesting is when they advertise the full grade as sold out so anyone who cancelled knows that their cabin was resold and can then challenge.

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Surely if you cancel your cruise, your contract with pando is terminated at that point. What happens after that point is immaterial as you do not have a contract with pando any more. Or am I over thinking things again.
Well, that was my thinking as well, so you are not alone !

 

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Surely if you cancel your cruise, your contract with pando is terminated at that point. What happens after that point is immaterial as you do not have a contract with pando any more. Or am I over thinking things again.

 

My thoughts too.

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Surely if you cancel your cruise, your contract with pando is terminated at that point. What happens after that point is immaterial as you do not have a contract with pando any more. Or am I over thinking things again.

 

Imo, yes you are correct.

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Surely if you cancel your cruise, your contract with pando is terminated at that point. What happens after that point is immaterial as you do not have a contract with pando any more. Or am I over thinking things again.

With respect I suggest reading the T&C's rather then guessing.

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