Carnival Australia faces class action by cruisers

[MicCanberra]

I think the case has no merits at all.

 

If you look at the path cyclone Pam took on that afternoon, it was heading south-west when the ship sailed but that evening it changed to an almost north-west heading (away from the cruising area) then in the morning it changed again heading south.

Now with that information, if you were the Captain what would you have done.

 

If I were captain, I would be looking at delivering a safe and comfortable cruise and not heading into an area where a cyclone was twisting and turning.

 

If I were Carnival, I would have offered the guests some sort of recompense for the disappointment. This may have involved some percentage (20%) off their next cruise, a rebate of some monetary amount per passenger depending on cabin class, some OBC for on the cruise or just drink packages for the cruise.

Edited January 24, 2016 by MicCanberra

[Brisbane41]

It is probably about time. Contracts are extremely one sided in favour of the cruise line. If the cruise line knows in advance that the planned destination is impossible then they should notify passengers beforehand and allow them the opportunity to cancel or transfer to another sailing.

 

The passengers booked in good faith for a particular destination. If that destination becomes impossible and needs to be substituted then a cruise line needs to be honest.

 

The cruise line should be allowed to change the destination if it is unsafe during a voyage and be without penalty if this happens. However if it happens before the cruise then a cruise line should leave passengers with a choice of cancelling or continuing with an alternate itinerary.

[Kiwi Kruzer]

It will cost the Insurers. They are the ones making the decisions now, not Carnival. And if the Insurers put up the premiums then yes, we will wear that. Not that I cruise with Carnival. But I do with Princess and Cunard.

 

Which are owned by Carnival ... :rolleyes:

[Pushka]

Which are owned by Carnival ... :rolleyes:

 

Yes, I know, that is why I mentioned Princess and Cunard and not RCL and Celebrity with whom I have already cruised. ;) :rolleyes:

 

And I hold Carnival shares.

Edited January 24, 2016 by Pushka

[Thorpe]

I had friends from work on that cruise , it was their first (and now last ). A lot of folks got off in Melbourne because they lived in Vic and others because they had no warm clothes :)

I'm pretty sure all passengers were given OBC and some sort of future cruise deposit.

I was on the Legend coming back to Sydney when Pam hit. The right decision was made about not sailing to the islands. But as already stated the case is when Carnival knew they weren't sailing there.

The change wouldn't have worried me but it wasn't my first much anticipated cruise like many onboard.

[MicCanberra]

It is probably about time. Contracts are extremely one sided in favour of the cruise line. If the cruise line knows in advance that the planned destination is impossible then they should notify passengers beforehand and allow them the opportunity to cancel or transfer to another sailing.

 

The passengers booked in good faith for a particular destination. If that destination becomes impossible and needs to be substituted then a cruise line needs to be honest.

 

The cruise line should be allowed to change the destination if it is unsafe during a voyage and be without penalty if this happens. However if it happens before the cruise then a cruise line should leave passengers with a choice of cancelling or continuing with an alternate itinerary.

 

Considering that everyone would have had to be on board by 4pm or earlier, if they were leaving at 5pm as stated, then the cruise had already started before they found out.

 

I cannot answer for everyone, but my cruise starts when I step onto the ship which is normally around 4 hours prior to leaving the port.

[MicCanberra]

I had friends from work on that cruise , it was their first (and now last ). A lot of folks got off in Melbourne because they lived in Vic and others because they had no warm clothes :)

I'm pretty sure all passengers were given OBC and some sort of future cruise deposit.

I was on the Legend coming back to Sydney when Pam hit. The right decision was made about not sailing to the islands. But as already stated the case is when Carnival knew they weren't sailing there.

The change wouldn't have worried me but it wasn't my first much anticipated cruise like many onboard.

 

How disappointing for your friends. :(

Is it possible to check what if anything they received or are they part of the class action as well.

Leaving a cruise early is the individual's decision and I am sure there would be no compensation for that.

[OzKiwiJJ]

How much more notice would they have had compared to the general public. Cyclones come and go and even though they may trend in certain directions they are still fairly unpredictable in the exact routes and strengths during the lifespan. A storm may get worse or just weaken and die out. I find it ludicrous that a passenger would want to deliberately cruise into a cyclone.:(

 

I was watching that cyclone very carefully as we were booked on a South Pacific cruise a week or so later. There was heaps of information and predictions on the Bureau of Meteorology site that anyone could access. During the time I watched it, and Cyclone Nathan which was off Far North Queensland at the same time, the situation changed quite frequently. Even though the cyclone did turn south there was no guarantee it would stay going in that direction (for example Nathan actually went in a complete circle around that time). It was tough luck but I don't think the captain made a bad call.

[Pushka]

Considering that everyone would have had to be on board by 4pm or earlier, if they were leaving at 5pm as stated, then the cruise had already started before they found out.

 

I cannot answer for everyone, but my cruise starts when I step onto the ship which is normally around 4 hours prior to leaving the port.

 

The documents state people were still boarding at 5pm. On our next Landtour/cruise, we do not arrive until around 6pm for an 8pm departure but as it is all done through Princess there is no drama.

Not everyone arrives hours early.

[MicCanberra]

The documents state people were still boarding at 5pm. On our next Landtour/cruise, we do not arrive until around 6pm for an 8pm departure but as it is all done through Princess there is no drama.

Not everyone arrives hours early.

 

Sorry I got that wrong, it left at 7pm which meant boarding would have closed at 5.30.

Although, I don't think it matters if they knew about the cyclone early or not. apparently Carnival had every intention of delivering the cruise in the south Pacific as in the article it also says - When Carnival Spirit departed Sydney on March 10, we were fully intending to deliver a South Pacific itinerary. In fact, on departing from Sydney, Carnival Spirit headed northward towards New Caledonia as planned.’

 

According to the articles the ship turned around 3 hours into the cruise and booked the Melbourne port at 10 am the next day for the day after (Thursday).

Edited January 24, 2016 by MicCanberra

[Adidas4fun]

Sorry I got that wrong, it left at 7pm which meant boarding would have closed at 5.30.

Although, I don't think it matters if they knew about the cyclone early or not. apparently Carnival had every intention of delivering the cruise in the south Pacific as in the article it also says - When Carnival Spirit departed Sydney on March 10, we were fully intending to deliver a South Pacific itinerary. In fact, on departing from Sydney, Carnival Spirit headed northward towards New Caledonia as planned.’

 

According to the articles the ship turned around 3 hours into the cruise and booked the Melbourne port at 10 am the next day for the day after (Thursday).

 

The word is "duplicitous"

[OzKiwiJJ]

The word is "duplicitous"

 

Not necessarily. That may have been when the cylcone's predicted track changed again. If my memory is correct one of the times that the BOM updated it's predictions was around 10pm - three hours after the ship sailed.

[Pushka]

The time that Carnival contacted the alternative ports might hold all the answers. And the logs.

[OzKiwiJJ]

The time that Carnival contacted the alternative ports might hold all the answers. And the logs.

 

Yes, those probably would hold the key information. It will be interesting. :D

[Thorpe]

How disappointing for your friends. :(

 

Is it possible to check what if anything they received or are they part of the class action as well.

 

Leaving a cruise early is the individual's decision and I am sure there would be no compensation for that.

 

 

I'll get someone still at work to check with him next week. But hopefully someone on that cruise will chime in here sooner.

[The_Big_M]

Apparently the cruise line knew before departure.

I read that several hundred left the ship at the first port after Sydney - their first opportunity to do so once told.

 

I don't think there's been a doubt that they were aware of the cyclone movement before departure, but the question is whether the cruise had decided to change ports entirely before departure.

 

Given that late notice, that supports that it is very unlikely, plus the fact that they actually sailed north that night.

 

There were other cruises around that time who still sailed to nearby ports and managed to avoid the cyclone. This has also happened at other times that they will try to sail around the cyclone. So based on the above it appears that the decision had not been made before departure.

[The_Big_M]

It is probably about time. Contracts are extremely one sided in favour of the cruise line. If the cruise line knows in advance that the planned destination is impossible then they should notify passengers beforehand and allow them the opportunity to cancel or transfer to another sailing.

 

The passengers booked in good faith for a particular destination. If that destination becomes impossible and needs to be substituted then a cruise line needs to be honest.

 

The cruise line should be allowed to change the destination if it is unsafe during a voyage and be without penalty if this happens. However if it happens before the cruise then a cruise line should leave passengers with a choice of cancelling or continuing with an alternate itinerary.

 

I believe that's the case here.

 

Down to the captain distributing the letter as soon as possible, even though the new plans were yet to be made...

[MicCanberra]

I'll get someone still at work to check with him next week. But hopefully someone on that cruise will chime in here sooner.

 

It was reported on one site that they received $150 OBC each, not sure if that was it or if there was something else as well.

[Wyuna1]

We sailed on Voyager of the Seas on Sunday March 8th and upon arrival at the OPT were advised that our itenary had been varied due to Cyclone Pam. We were told that Fiji was definately off the itenary and were offered the opportunity to not board and receive a full refund. We chose to sail with our revised cruise having it's first port of call tropical Newcastle too give RCCL extra time to evaluate conditions in the South Pacific. If Royal had enough weather information to make that decision surely Carnival would have had access to that information also. We had a great cruise following about 2 days behind Pam.

[Wyuna1]

We sailed on Voyager of the Seas on Sunday March 8th and upon arrival at the OPT were advised that our itenary had been varied due to Cyclone Pam. We were told that Fiji was definately off the itenary and were offered the opportunity to not board and receive a full refund. We chose to sail with our revised cruise having it's first port of call tropical Newcastle too give RCCL extra time to evaluate conditions in the South Pacific. If Royal had enough weather information to make that decision surely Carnival would have had access to that information also. We had a great cruise following about 2 days behind Pam.

Sorry we sailed on Rhapsody of the Seas confused our ship on Voyager next month.

[MicCanberra]

We sailed on Voyager of the Seas on Sunday March 8th and upon arrival at the OPT were advised that our itenary had been varied due to Cyclone Pam. We were told that Fiji was definately off the itenary and were offered the opportunity to not board and receive a full refund. We chose to sail with our revised cruise having it's first port of call tropical Newcastle too give RCCL extra time to evaluate conditions in the South Pacific. If Royal had enough weather information to make that decision surely Carnival would have had access to that information also. We had a great cruise following about 2 days behind Pam.

 

So in light of this, perhaps Carnival could have done the same, with the offers prior to cruising. However, it seems to me they intended to complete their itinerary as best as possible just like the Rhapsody did two days earlier. They left the heads and then due to further warnings decided to provide a safer and more comfortable cruise. They allowed a lot of people to depart at Melbourne (usually this is not allowed) and offered OBC for everyone. We really do not know how much or what was the complete offer was. In most things, it suits some and not others, some people are happy and others are angry. I still do not see this going anywhere and the best people in the class action can hope for is a FCC of some sort (if they do not already have it).

[Pushka]

So in light of this, perhaps Carnival could have done the same, with the offers prior to cruising. However, it seems to me they intended to complete their itinerary as best as possible just like the Rhapsody did two days earlier. They left the heads and then due to further warnings decided to provide a safer and more comfortable cruise. They allowed a lot of people to depart at Melbourne (usually this is not allowed) and offered OBC for everyone. We really do not know how much or what was the complete offer was. In most things, it suits some and not others, some people are happy and others are angry. I still do not see this going anywhere and the best people in the class action can hope for is a FCC of some sort (if they do not already have it).

 

 

Ah yep. Thats my point. Which is why we need to know when the alternate ports were contacted. That is probably the best way we have to ascertain when decisions were made. May be other sources - not sure of whether 'conversations' on bridge/between Captain and Carnival Corp are recorded in any way.

 

Having planned an overseas trip then ending up in Hobart - if I thought that I could have been given the option to cancel beforehand but that was denied because of $ then I wouldn't be happy. Of course ports get cancelled. If this had happened mid cruise then thats the way it is. But what needs to be confirmed is when the decision was made to reroute the entire cruise. And that remains a bit of a blur until all the facts are out.

[MicCanberra]

Ah yep. Thats my point. Which is why we need to know when the alternate ports were contacted. That is probably the best way we have to ascertain when decisions were made. May be other sources - not sure of whether 'conversations' on bridge/between Captain and Carnival Corp are recorded in any way.

 

Having planned an overseas trip then ending up in Hobart - if I thought that I could have been given the option to cancel beforehand but that was denied because of $ then I wouldn't be happy. Of course ports get cancelled. If this had happened mid cruise then thats the way it is. But what needs to be confirmed is when the decision was made to reroute the entire cruise. And that remains a bit of a blur until all the facts are out.

 

The facts may never come out as it is now a legal action. If they are in the wrong, they will settle prior to court so again the facts will not come out. If they are in the right, they may well settle anyway but for a lesser amount.

[Pushka]

The facts may never come out as it is now a legal action. If they are in the wrong, they will settle prior to court so again the facts will not come out. If they are in the right, they may well settle anyway but for a lesser amount.

 

 

Thats funny. Its become a legal action and so the facts wont be divulged! Classic.

 

I agree - I reckon they will settle and make binding agreements that the settlement details are not made public.

[Kiwi Kruzer]

I hope they dont.

If Carnival throw in the towel and give in to these wingers , they lay themselves open to being sued everytime a ship has to change course for any reason.