Disgraceful treatment!!!!

[Tillylovesseabourn]

It would be good if Tilly would tell us all who advertised this cruise; whether she had her airline details sent to her as or before she paid or not. If she has her airline reference number, then she (and spouse/whoever?) should indeed be booked in for this cruise, and someone has - I think- sold her a cruise which should have been cruise only as an air and transfer cruise, and only later spotted that they probably should not have done so. Normally, in the UK, if you book cruise including air you are given your flight details and airline ref. no. even before you have paid in full.

 

Hi, Seabourn issued this advertisement. I dont have air details, except for plane times etc,but i have a booking reference and our details and booking are on the seabourn website, featuring our check in and cruise details and preferences etc, so they have accepted the booking. So I can fully log in and check in, the TA have questioned the pricing on several occasions as there are other people who booked on this deal.

[lord of the seas]

Tilly,

have you filled in your guest registration doc?

[lincslady]

Almost, but obviously not quite, as bad as the situation in the first place is the inordinate length of time it is taking to resolve. We had a situation which was slightly similar though much less awful with Seabourn due to the no-fly volcanic ash situation, and every day of the long time it took to resolve you could not help thinking about it, and getting more and more frustrated and angry.

 

OK, we are all lucky compared with most of the rest of the world, but unfairness does bite into your soul somewhat, and fair play is a very important aspect of life. Someone high up should have sorted this out some time ago - lets hope they may be reading some of our remarks, and the emails which have been sent, and get their act together TOMORROW.

[LaPaloma]

Almost, but obviously not quite, as bad as the situation in the first place is the inordinate length of time it is taking to resolve. We had a situation which was slightly similar though much less awful with Seabourn due to the no-fly volcanic ash situation, and every day of the long time it took to resolve you could not help thinking about it, and getting more and more frustrated and angry.

 

OK, we are all lucky compared with most of the rest of the world, but unfairness does bite into your soul somewhat, and fair play is a very important aspect of life. Someone high up should have sorted this out some time ago - lets hope they may be reading some of our remarks, and the emails which have been sent, and get their act together TOMORROW.

 

It has always amazed me...that the ground portion of the companies..are so vastly different than the sea portion. It is not just SB...Seagoddess was always that way as well. While on board..no stone is left unturned to make for a lovely experience. Dealing with the ground forces is like talking to a wall. I don't know if they are very underpaid and unqualified..or if it is a deliberate vagueness to keep you at bay. :eek:

[Tillylovesseabourn]

Tilly,

have you filled in your guest registration doc?

 

Hi, if you mean the online one then yes, our names and cruise details were online so i could fill in passport details,preferences and add them.

[jagi]

Is it possible that your TA made the mistake and is trying to recoup her loss? Have you received an additional bill from Seabourn, or just from your TA?

[lord of the seas]

Tilly,it does look like you are booked,paid and that you do indeed have a cruise to go on.

I would talk to someone in reservations in Seattle and just confirm that everything is in place and check your booking number.

I am beginning to have doubts about your travel agent.

[lincslady]

Tilly - Any news yet?

[Tillylovesseabourn]

Hi Lincslady,

 

nothing to report still, shocked,frustrated and angry are afew of the ways I feel now. I will be re-sending the emails today again after no response.

[norm2002]

I now tend only to dip in to Cruise Critic rather infrequently so I have just seen this thread. Frankly, I am appalled at how Tilly has been treated, based on the facts she has given. It is so totally against the way most problems were treated when I was a frequent traveller. I occasionally had problems but these were always reviewed promptly by Miami (as it then was) and resolved within a couple of days. Assuming you get high enough up the chain of command, Seabourn seemed keen to settle problems fairly even where they were not contractually obliged to do so.

 

In my view, it is disgraceful you have not been contacted personally by someone very senior in Seattle.

 

From what you say, Seabourn made a mistake in their advert. You made a reservation on that basis. Seabourn's booking conditions in the UK say that the contract is governed by English law. They go on to say that 'No contract shall be made until the deposit (or, where appropriate, the full price) has been paid ... but all money paid to a travel agent shall be treated as having been paid to Seabourn.' You have done that so a contract is in existence.

 

'Whilst Seabourn will do its best not to cancel or to make any significant alteration after a booking has been made, it shall nevertheless be entitled at any time prior to departure to cancel the Contract or to change and/or curtail the Package where this reasonably becomes necessary on operational, commercial or other grounds.'

 

As any UK lawyer will tell you, the word 'becomes' involves a future event. Just because they later realise they made a mistake in pricing does not entitle them to cancel the contract.

 

Just as bad, in my view, is the PR effect of how they are treating your situation. Companies make mistakes but what separates the good from the bad is how they deal with them. Companies have been known to underprice items in an advert but the good ones, eg Amazon and Dell, have been known to honour those prices even though they did not contractually have to do so.

 

Obviously, I do not know the total cost to Seabourn of honouring the price to all the people involved but I am sure it will be a lot less than the cost to them of the story being picked up by Conde Nast or one of the many travel magazines or websites.

 

They really need to stamp on this now to avoid becoming a laughing stock reminiscent of the Hoover flights fiasco albeit on a smaller scale.

 

I do hope you will not have to change your username and that you can still have a wonderful cruise onboard.

[JaneBP]

Norm, You have been away over a year! That is way too long. Thank you for clarifying the issue in a concise legal way.

I wonder what might happen if one or two of these succinct posts were 'liked' over on FB!

[NEOPHYTUS]

Exactly where was this Seabourn offer found ? On the Seabourn web site, in print as a strictly Seabourn Cruise Line stand alone advert, via e-mail directly from Seabourn, (as a registered Seabourn web site subscriber), in a official Seabourn-issued brochure ?

If so and the OP can provide the documentation, Seabourn is obviously on the hook and should honor such.

However, if the offer was issued by the Travel Agency,(web,print,e-mail, etc), this is where the disconnect on the pricing/perks of the offer may have occurred. Considering the volume of all Travel Agency adverts, number of cruise lines and ships and thousands of cruise itineraries, a misquote is easily possible. And if this happened in this case, Seabourn and the TA are now exchanging blame on how this offer was structured to the public (Tilly).

Adding to the frustration, the sail date approaches.....

[norm2002]

It really doesn't matter any more where the advert was. Seabourn accepted the booking and took payment. This is clear by the fact it shows up in Guest Registration. There is a contract in existence. Perhaps someone didn't proof check the advert properly but all that is now irrelevant history. It might marginally affect why Seabourn may be unhappy about it but not the contractual or the PR situation.

[NEOPHYTUS]

It really doesn't matter any more where the advert was. Seabourn accepted the booking and took payment. This is clear by the fact it shows up in Guest Registration. There is a contract in existence. Perhaps someone didn't proof check the advert properly but all that is now irrelevant history. It might marginally affect why Seabourn may be unhappy about it but not the contractual or the PR situation.

 

I'm not advocating for Seabourn on this matter, just an amateur attempt to understand the reasons for the foot-dragging and Seabourn/TA stance on this issue as this might happen again to any of us cruisers. Found this:

 

What follows is some fine print from the Seabourn USA website, regarding web based Online Bookings ONLY in this example, but in some form or other, perhaps used for all bookings ?

 

"Although Seabourn seeks to verify the accuracy of information on this web site, mistakes may occur. Consequently, Seabourn reserves the right not to honor any published prices that it determines were erroneous due to printing, electronic or clerical error. Seabourn shall have the right to refuse or cancel any bookings made at an incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Seabourn shall immediately issue a credit to your credit card account in the amount of the incorrect price.

[Roxburgh]

I'm not advocating for Seabourn on this matter, just an amateur attempt to understand the reasons for the foot-dragging and Seabourn/TA stance on this issue as this might happen again to any of us cruisers. Found this:

 

What follows is some fine print from the Seabourn USA website, regarding web based Online Bookings ONLY in this example, but in some form or other, perhaps used for all bookings ?

 

"Although Seabourn seeks to verify the accuracy of information on this web site, mistakes may occur. Consequently, Seabourn reserves the right not to honor any published prices that it determines were erroneous due to printing, electronic or clerical error. Seabourn shall have the right to refuse or cancel any bookings made at an incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Seabourn shall immediately issue a credit to your credit card account in the amount of the incorrect price.

 

The small print does not necessarily negate the OP's rights in law and especially under UK law.

[wripro]

I still maintain this would have been handled completely differently if Seabourn were still in Miami without HAL looking over their shoulders.

[lord of the seas]

I would like to know who is the TA and what are they doing to help Tilly in this unfortunate situation.

[merryecho]

Neophytus- the fine print you point to certainly entitles SB to tell someone that an advertised fare is not correct, and therefore they will not sell them a ticket at that price. But in this case SB DID sell them a ticket, and as Norm puts it so well, this creates a legally binding contract. Because the company that provides the goods sold operates out of Seattle, they must operate according to the law there.

 

SB's only recourse seems to be to rely on the word 'reasonably' in Norm's post,

"'Whilst Seabourn will do its best not to cancel or to make any significant alteration after a booking has been made, it shall nevertheless be entitled at any time prior to departure to cancel the Contract or to change and/or curtail the Package where this REASONABLY becomes necessary on operational, commercial or other grounds.'

 

Considering the cost this change will incur to Tilly, vs the cost of SB's own mistake, it sure doesn't seem reasonable to me.

 

I don't see the point of worrying about the TA- obviously they have done what they can and it hasn't worked. SB is aware of the problem, and the resolution is totally up to them, and to the King County small claims court if need be.

[Lefty Bob]

Norm - Welcomb back.

[lincslady]

I would like to know who is the TA and what are they doing to help Tilly in this unfortunate situation.

 

So would I - I know you cannot give a name, but presumably it is someone in the UK, and if you give a vague idea of where in the country they are we would probably be able to get it! Some Agents are more helpful than others; and some try to make you feel they are being more helpful than they are. I have had experience of both sorts!

[room010]

Unless UK consumer law has changed since I fled 10 years ago once a customer has paid the full advertised price, even if that price is incorrect, the vendor is obligated to honour the contract. Example, we bought a TV from a large retailer with the incorrect price ticket on it. They missed a "0" off the price! They realised they made an error but the price was there in black and white so that's what we paid. Nothing they could do about it. The same would apply if a travel agent quotes the wrong price and the customer pays in full. If there's a shortfall then it falls on the TA to make up the difference with the cruiseline.

[merryecho]

room 010- you seem to be familiar with UK law- is there anything there similar to US small claims court? The rules change by jurisdiction, but where I live you can sue to recover up to $5,000 of money spent (no damages allowed), you present your own case, (no attorneys are allowed), and only expense is the $35 filing fee.

[Tillylovesseabourn]

Hi Folks,

 

A small unsatisfactory update! After ringing and chasing SB again!!

 

They are now offering to refund any out of pocket expenses (and so they should), and give us a £500 cruise credit to use either for a future cruise(haha) or as monies off the extra £1300 they are expecting us to pay, ludicrous. Just disgusting, do these people think I am a complete moron?

 

Still no reply from Mr Meadows or his minions, what a way to run a corporation!!!!!!!!!!!!

[Cruise Junky]

Hi Folks,

 

A small unsatisfactory update! After ringing and chasing SB again!!

 

They are now offering to refund any out of pocket expenses (and so they should), and give us a £500 cruise credit to use either for a future cruise(haha) or as monies off the extra £1300 they are expecting us to pay, ludicrous. Just disgusting, do these people think I am a complete moron?

 

Still no reply from Mr Meadows or his minions, what a way to run a corporation!!!!!!!!!!!!

 

WOW how short sighted can a company get? they're willing to lose a good client and have all this negativity on a public forum for £800. So stupid. They could have received so much goodwill if they'd have done the right thing.

[xplrcrzn]

This "offer" indicates to me that there may be many more potential claimants and Seabourn is trying to reduce its financial exposure on this. Such a meager offer for one individual makes no sense.