Adventure Canada - What are my rights

[AdventureDave]

Adventure Canada canceled its 10 night Arctic Explorer cruise after four nights, because it declared its ship unseaworthy due to engine failure. While the President of Adventure Canada promised to make everyone whole, it seems that Adventure Canada expects us to recover value of the last six nights of the cruise, as well as airplane change fees, from our travel insurance company. My travel insurance company excludes coverage when the operator cancels the cruise. What are my rights against Adventure Canada, if it failed to adequately compensate us?

[cherylandtk]

That would be governed by the terms of your passage contract with Adventure Canada. From their website

INSURANCE

Due to the nature of the tour in which the passenger will be participating, passengers should have in place prior to departure, comprehensive insurance coverage including without limitation medical, emergency evacuation, trip cancellation and interruption, accident and baggage insurance. Emergency medical and evacuation coverage is mandatory for trip participation and policy documentation will be required. Any losses sustained by the undersigned passenger as a result of its failing to obtain proper insurance coverage shall be the sole responsibility of the passenger. For full coverage, including cancellation coverage prior to departure, passengers are strongly recommended to obtain insurance at the time of deposit.

 

Further down it states any legal action must be brought in Mississauga, Ontario. Don't lose all hope, however. It is common with cruise lines to pay out in cases like this (and many travel policies do exclude supplier cancellation). You might try a reasoned well-crafted letter asking for the company to cover the missed days cost as a good-will gesture since your insurance claim has been denied AND they knew which policy you had up front. You did your part, they verified your coverage, it might work.

Edited August 8, 2014 by cherylandtk

[klfrodo]

Adventure Canada canceled its 10 night Arctic Explorer cruise after four nights, because it declared its ship unseaworthy due to engine failure. While the President of Adventure Canada promised to make everyone whole, it seems that Adventure Canada expects us to recover value of the last six nights of the cruise, as well as airplane change fees, from our travel insurance company. My travel insurance company excludes coverage when the operator cancels the cruise. What are my rights against Adventure Canada, if it failed to adequately compensate us?

 

I would think that after you receive formal denial letter from your insurance provider, that you can then send that denial letter into Adventure Canada and they will provide you with reimbursement.

[cherylandtk]

I also just saw on the news section of CC where this cancellation is mentioned and the operator again is quoted saying they will refund for the cancellation (or book on a later trip with varying % of refunds). That public statement should help. It is not unreasonable for them to ask you to first make an insurance claim (since having insurance is a booking requirement), but anything insurance does not cover should then come from them. They are acting as a secondary payer, something common with insurance.

Edited August 9, 2014 by cherylandtk