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Suspension or Cancellation

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Posted (edited)

 I do see changes being made for both airlines and cruise lines.  I would hate to see strict changes like Carnival Cruise line made.  As of now if you have medical issues; i.e. diabetes, asthma, heart issues; Carnival will not let you onboard their ships.  Don't know if this will carry over when things get back to normal; but we shall see. 

Edited by AF-1

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2 minutes ago, AF-1 said:

 I do see changes being made for both airlines and cruise lines.  I would hate to see strict changes like Carnival Cruise line made.  As of now if you have medical issues; i.e. diabetes, asthma, heart issues; Carnival will not let you onboard their ships.  Don't know if this will carry over when things get back to normal; but we shall see. 

 

I didn't know Carnival was doing that, but I'm not surprised.  Is it just Carnival or all companies under the Carnival Corp. umbrella?  I know the RCCL family of cruise lines enacted it.  Lots of ocean and river cruisers are 70 and over with high blood pressure, diabetes, asthma, etc. but it's controlled with medication.  I have a congenital heart defect but my cardiologist has never told me not to travel, whether it's flying or cruising.  

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Roz, Carnival changed their health requirement just before the US shut down all cruise line travel.  I assume after this pandemic gets under control; they will modify or do away with these strict health requirements.  

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I spoke with Scenic a week ago. They were very polite but kept to the party line of a FCC. I explained that the cruise was really not going to go ahead so was in theory a cancellation by them and that if it was a suspension when was it suspended to.

In addition the Foreign Office had said no non essential foreign travel and that being over 70 we were in the vulnerable 

category. On that basis could we have a refund please? The individual I was talking to did not have the power to authorise that and said she would escalate. To date I have heard nothing more. The cruise date is 14 days away so I will chase again this week.      

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I have a Scenic cruise booked for June.  They have cancelled it and only offer a FCC.  That is not acceptable to me.  I pointed out their contract which says that if the cancel FOR ANY REASON, they will refund all of our money.  They cannot just alter a contract to suit them, regardless of the circumstances.  I am sure I cannot not alter them to suit my circumstances.  I am going to pursue a refund also.

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7 hours ago, scottjeanne said:

I have a Scenic cruise booked for June.  They have cancelled it and only offer a FCC.  That is not acceptable to me.  I pointed out their contract which says that if the cancel FOR ANY REASON, they will refund all of our money.  They cannot just alter a contract to suit them, regardless of the circumstances.  I am sure I cannot not alter them to suit my circumstances.  I am going to pursue a refund also.

 

What was their response when you told them what the contract said and you were due a refund?

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On 4/9/2020 at 2:28 PM, YORKI1 said:


Emerald Waterways have “suspended” my June Danube cruise and have offered me a future cruise credit. I told Emerald, via my travel agent, you have cancelled my cruise and I expect a full refund.

 

And their response? 

 

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Posted (edited)

It seems like Scenic does not like to refund money or “cancel” for any reason whatsoever. This may explain why they use the word suspend!

 

https://rivercruisepassenger.com.au/appalled-and-disgusted-scenic-passengers-plan-to-sue-after-50000-holiday-ruined/

 

It is just mind boggling how they think NOT refunding money for a cruise that isn’t happening is an option or ethical.

Edited by Herman The Cat

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5 hours ago, Herman The Cat said:

 

And their response? 

 


No response yet. If I have not heard from my travel agent by the 1 May I will give them a call.

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3 hours ago, YORKI1 said:


No response yet. If I have not heard from my travel agent by the 1 May I will give them a call.

Ok, thanks. My TA told me the wait times since the last announcement were extraordinarily long — waited on hold for over 2 1/2 hours before talking to someone and the entire call took a over 3 1/2 hours. Rep told her each call was taking at least 30 - 45 minutes. 

 

Not sure if you saw my other threads on Scenic, but our TA sent the T&C to an attorney and the contract clearly states we are due a refund.

 

 

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My travel agent spent three days trying to call.  She finally reached someone after being on hold for 3 hours.  The rep said no refund.  We wrote a letter and we are waiting (most likely in vain) for a response.  I will take it further.  It is not right to change a contract after the fact.

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Below are the terms of the contract we signed with Scenic.  Since I cannot change a legally binding document, I do not think that they can.Suspend or cancel, it means they are not sailing.  These terms say cancel or delay.  Since it won't sail, the semantics don't matter.  They must refund all monies paid. 

 

5. Cancellation, delays and changes to Your Itinerary 5.1 Although we reserve the right to cancel, delay or alter a Cruise for operational reasons, we will generally not cancel or consolidate a Cruise due to lack of passenger numbers. However, if minimum passenger numbers are not met, we reserve the right to limit the facilities, amenities and activities available on the Cruise Vessel. 5.2 We will endeavour to make any decision to cancel or delay a Tour or Cruise, and to notify You of that decision, at least 60 days prior to the scheduled Tour Departure Date. 5.3 If We cancel a Tour, for whatever reason, before departure: (a) We will use reasonable endeavours to offer You the closest available tour or cruise departure. If the proposed alternative tour or cruise is: (i) cheaper than Your original Tour Price, We will refund the difference to You; or (ii) more expensive than Your original Tour Price, You must pay the difference to Us; (b) if You accept the proposed alternative tour or cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary; (c) if You do not accept the proposed alternative tour or cruise within 7 days of being notif ied by Us of the alternative, We will cancel Your Booking, refund to You all monies paid directly to Us and will have no further liability to You; and (d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf , for example airfares or other arrangements booked independently through or paid to a travel agent. 5.4 If We delay the departure of a Tour, for whatever reason, for more than 7 days, You may terminate this Contract and We will provide You with, at Your option, either: (a) a full refund of all amounts paid to Us; or (b) a credit towards future tours with Us which will be valid for 24 months from the date You notify Us of the termination of this Contract.

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On 4/21/2020 at 9:10 AM, scottjeanne said:

Below are the terms of the contract we signed with Scenic.  Since I cannot change a legally binding document, I do not think that they can.Suspend or cancel, it means they are not sailing.  These terms say cancel or delay.  Since it won't sail, the semantics don't matter.  They must refund all monies paid. 

 

5. Cancellation, delays and changes to Your Itinerary 5.1 Although we reserve the right to cancel, delay or alter a Cruise for operational reasons, we will generally not cancel or consolidate a Cruise due to lack of passenger numbers. However, if minimum passenger numbers are not met, we reserve the right to limit the facilities, amenities and activities available on the Cruise Vessel. 5.2 We will endeavour to make any decision to cancel or delay a Tour or Cruise, and to notify You of that decision, at least 60 days prior to the scheduled Tour Departure Date. 5.3 If We cancel a Tour, for whatever reason, before departure: (a) We will use reasonable endeavours to offer You the closest available tour or cruise departure. If the proposed alternative tour or cruise is: (i) cheaper than Your original Tour Price, We will refund the difference to You; or (ii) more expensive than Your original Tour Price, You must pay the difference to Us; (b) if You accept the proposed alternative tour or cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary; (c) if You do not accept the proposed alternative tour or cruise within 7 days of being notif ied by Us of the alternative, We will cancel Your Booking, refund to You all monies paid directly to Us and will have no further liability to You; and (d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf , for example airfares or other arrangements booked independently through or paid to a travel agent. 5.4 If We delay the departure of a Tour, for whatever reason, for more than 7 days, You may terminate this Contract and We will provide You with, at Your option, either: (a) a full refund of all amounts paid to Us; or (b) a credit towards future tours with Us which will be valid for 24 months from the date You notify Us of the termination of this Contract.

True. Many cruise lines have said they are suspending operations AND have cancelled their cruises. I wonder why Scenic thinks they’re different and if they say suspend is absolves them of the responsibility to refund?

 

99.9% of the time the cruise contract and cancellation policies are in their favor. This is the 0.1% of the time where it’s not. Not bad odds if you ask me. 

 

The fact that they are trying to change the contract terms after the fact or throw it out is unbelievable.

 

I wonder how many are going along with the FCC and how many are pursuing a refund...

 

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