TA $4500 mistake, O says I have to pay anyway

[the more ports the better]

I booked two sailings on Marina, June 1 and June 13, both in an OC.   Called my TA in December and let her know that our Grandson was getting married June 1 so we could only do the second sailing and to cancel the first.  Last week, final payment was due and she called me, when I was driving in the car, so I told her to pay the balance to the card on file.  
 

Yesterday, she sent an email and asked if I wanted to put the second leg on the same card.  I emailed her back and said, I already paid for the sailing, didn’t you cancelled the June 1 sailing back in December?  I didn’t hear back from her so I called a few hours later and she said I needed to pay in full for the June 13 sailing and she is working with her manager to cancel the June 1 sailing, however, I will have to pay a 25% penalty.  The sailing is over $18,000 so the penalty is more than $4500.  I said no, I am not paying another $18,000 when O already has $18,000 of my money applied to a sailing that was supposed to be cancelled months ago.  They can just transfer to the correct sailing, we just paid for it six days ago and it was her mistake.

 

My TA retired last year and this TA took over for her.  This is entirely the TA’s fault and Oceania is not budging on the 25% penalty.  Oceania already has my $18,000 and they are not willing to move it to the correct sailing unless they can deduct the $4500 penalty. I am just so disgusted with this TA, Oceania, and all the rules that go along with cruising, penalties, shortened port times, lack of flexibility, etc.  I’m ready to throw in the towel on cruising all together.  Things like this never happen on land trips and if I am enjoying myself somewhere, I never have to worry about leaving early to get back to the ship before sail away.

 

I have annual travel insurance but weddings and travel agent screw ups obviously are not covered.

 

Any suggestions on how I can resolve the situation without having to pay another $4500???

[PhD-iva]

Try disputing the charge on your credit card since the travel agent did not process payment on the correct cruise that you told her or him to do. Good luck!

[AMHuntFerry]

This is a TA problem, not an O problem. Your only mistake was cancelling by phone...ALWAYS do a cancellation in writing so you have proof. Your TA, if decent, should eat the cancellation charge...probably will still come out in the green due to the second cruise, and charge it all up to a learning experience. Pressure the TA to take care of the problem, it's their job. If that doesn't work, there is the credit card dispute route and small claims court (if it meets the Max $$ criteria).

Edit: Calls are fine, but ALWAYS follow up with an email.

Edited March 13 by AMHuntFerry

[cruiserchuck]

This appears to be an issue with the TA, not with O.  I would be surprised if a credit card dispute is successful here.  

[Snaefell3]

::ponders::  Have you contacted O directly, or is this all what the TA said O said?

[1985rz1]

Unless there is a record that the pax requested the TA to cancel, it will be difficult to win a credit card challenge. While we speak to our TA by phone frequently, we always send any request, whether it's booking, payments, cancellations etc by email, and she confirms them.  She similarly requests us to respond by email when it comes to the financial details.  Every transaction is documented.

Edited March 13 by 1985rz1

[cruiserchuck]

6 minutes ago, Snaefell3 said:

::ponders::  Have you contacted O directly, or is this all what the TA said O said?

 

Since there is a TA involved, I do not believe O will directly deal with the pax.

[EJL2023]

9 minutes ago, 1985rz1 said:

Unless there is a record that the pax requested the TA to cancel, it will be difficult to win a credit card challenge. While we speak to our TA by phone frequently, we always send any request, whether it's booking, payments, cancellations etc by email, and she confirms them.  She similarly requests us to respond by email when it comes to the financial details.

Not even sure that would work. Disputing the credit card payment made to Oceania and removing that payment would be penalizing the entity that did not do anything wrong. Unless of course the TA has some type of proof they asked Oceania to cancel the cruise in December and they failed to do so. 

[Snaefell3]

17 minutes ago, cruiserchuck said:

 

Since there is a TA involved, I do not believe O will directly deal with the pax.

Can it hurt to try?

 

AIUI, the need is to move the payment-in-error, not refund it.

[the more ports the better]

I doubt I would win a credit card challenge.  If my TA doesn’t do the right thing, it will be they said and I said.  I do wonder if they record calls though.  I will ask.

 

I always communicate via email predominantly because I really dislike being stuck on the phone but my TA happened to call shortly after I found out about the wedding so I told her over the phone. I should have had her send a confirmation that she cancelled the sailing but my old TA always took care of everything so I was not too worried about it.

 

If it were a few hundred dollars it would be one thing but $4500 is a huge penalty.  The entire sailing is sold out and on waitlist.  Also, there are always long waitlists for Oceania Suites, including this sailing, so O will not have any problem booking the suite.  They really make out on the deal, they get a fare much higher than the one I have as I booked early, plus they get an additional $4500 for my penalty.  

[WNcruiser]

30 minutes ago, 1985rz1 said:

Unless there is a record that the pax requested the TA to cancel, it will be difficult to win a credit card challenge. While we speak to our TA by phone frequently, we always send any request, whether it's booking, payments, cancellations etc by email, and she confirms them.  She similarly requests us to respond by email when it comes to the financial details.  Every transaction is documented.

This is great advice. Also if the OP cancelled in December they would be expecting a refund of the deposit, when that didn’t show up it should raise suspicion, I would always ask for a cancellation confirmation. 
 

Travel agencies have insurance to cover mistakes like this. 

[the more ports the better]

The deposit was supposed to be moved to the June 13 sailing.  Clearly that did not happen either.

[1985rz1]

25 minutes ago, EJL2023 said:

Not even sure that would work. Disputing the credit card payment made to Oceania and removing that payment would be penalizing the entity that did not do anything wrong. Unless of course the TA has some type of proof they asked Oceania to cancel the cruise in December and they failed to do so. 

I agree.  To me, it proving that the TA is liable and getting the agency to cover the loss.  But that may require a small claims court filing.

[oceansandseas]

I am Canadian ( book with an extra 35% exchange rate) and can not believe you were able to get this cruise with an OC cabin for $18,000.00 for 2 people. My calculations make it for 1 person, and that is not with a single supplement. Your TA must be good, even though she did not cancel the cruise in December.

[the more ports the better]

That was the price when I booked early on.  The TA had nothing to do with it.  
 

O is going to make out big time at my expense.  Whoever ends up in the suite that I booked will pay considerably more than I paid. Plus they plan to keep my $4500.  Triple win for them, huge loss for me.

[ATWCruiser]

Maybe I am missing the details, but you called your TA to cancel the first cruise back in December.  She did not but you didn't get a confirmation from her that she cancelled it from December to now?  Sometimes, it is better to treat it as 2 separate cruises.  Cancel the first, get your refund.  Once you get your refund, pay for the 2nd cruise when due.  This transferring of money from one cruise to another sounds like it brings more problem then it is worth.  But if you got an email confirmation that the first cruise was correctly cancelled, all problems should have been resolved.  So, it sounds like a communication issue?

[osandomir]

Since you booked through TA it’s their responsibility to find out with Oceania what happened. At the very least they should have a cancellation invoice from Oceania. If your TA can’t prove that cancellation was submitted and processed correctly and get your deposit refunded, then they are responsible for your loss. In this case all you can do is dispute this charge with the travel agency.

 

That being said, I myself always make sure that I have all cancellation emails for the cruise and also for any travel arrangements that I canceled.

[FlyerTalker]

Let's get this straight....you made a telephone call in December and never got any kind of written confirmation.  You never asked for any written confirmation.  And now, several months later, you claim you cancelled.

 

Let me play devil's advocate here -- just what kind of "proof" do you have that you cancelled the first segment?  What's to say that you aren't just deciding to cancel at this time -- there is no record of the supposed cancellation in writing, either by you or the TA.

 

IMO, all parties, aside from Oceania, truly dropped the ball.  The TA never confirmed the substance of the alleged call.  You never insisted on getting a written confirmation.  And somehow this is Oceania's fault.

 

Not saying you didn't make that call.  But just pointing out the lack of legal "proof" for your claim.

 

Good luck.  And the non-lawyer in me says to prepare to eat at least a portion of that $4500, if not all of it.

 

 

[pmatawan]

I feel bad for you, hope it works out for you. No lecture from me.

[tigerfan75]

10 hours ago, the more ports the better said:

I booked two sailings on Marina, June 1 and June 13, both in an OC.   Called my TA in December and let her know that our Grandson was getting married June 1 so we could only do the second sailing and to cancel the first.  Last week, final payment was due and she called me, when I was driving in the car, so I told her to pay the balance to the card on file.  
 

Yesterday, she sent an email and asked if I wanted to put the second leg on the same card.  I emailed her back and said, I already paid for the sailing, didn’t you cancelled the June 1 sailing back in December?  I didn’t hear back from her so I called a few hours later and she said I needed to pay in full for the June 13 sailing and she is working with her manager to cancel the June 1 sailing, however, I will have to pay a 25% penalty.  The sailing is over $18,000 so the penalty is more than $4500.  I said no, I am not paying another $18,000 when O already has $18,000 of my money applied to a sailing that was supposed to be cancelled months ago.  They can just transfer to the correct sailing, we just paid for it six days ago and it was her mistake.

 

My TA retired last year and this TA took over for her.  This is entirely the TA’s fault and Oceania is not budging on the 25% penalty.  Oceania already has my $18,000 and they are not willing to move it to the correct sailing unless they can deduct the $4500 penalty. I am just so disgusted with this TA, Oceania, and all the rules that go along with cruising, penalties, shortened port times, lack of flexibility, etc.  I’m ready to throw in the towel on cruising all together.  Things like this never happen on land trips and if I am enjoying myself somewhere, I never have to worry about leaving early to get back to the ship before sail away.

 

I have annual travel insurance but weddings and travel agent screw ups obviously are not covered.

 

Any suggestions on how I can resolve the situation without having to pay another $4500???

Yes, the issue is between you and the TA.  O is not responsible.  If I were in this situation, I would speak and email the Owner/Sr. Mgr. of the Agency.  That person is the decision maker of the Agency’s action.  Simultaneously, make contact within the Agency’s consortium explaining the ethics involved.  Likewise, if the Agency lists a travel agency certification, ie.ASTA, make contact with them on the issue.

Probably, after all the angst and wrangling, don’t plan on this Agency taking you as a customer in the future, although I would not know why you would prefer to utilize them.  Good Luck.  Please let us know how it turns out.

[PhD-iva]

When I had a serious issue with my previous travel agent, I tried calling the travel agency that she worked for. They explained that they are a franchise, and they have no leverage over their agents. Perhaps that was bad information, but it was the information I was given.
For me it all worked out in the end after many headaches and a lot of stress. I got rid of her fast. 

[MEFIowa]

Of course, if you've got a friend or family member who is a lawyer, you might discuss it with them. Maybe a letter from them to the TA might get some movement? Even if you only got half back. Half a loaf is better than nothing.

 

But, weird how the TA cheerleaders are suddenly silent. All those posts about glorious TAs and all they do. Here I thought "TA" meant sunshine and unicorns and the Sound of Music. (We handle these things ourselves so when we book, we book and when we cancel, we cancel. So far 4 O cruises for us since 12/2021 without a hitch and 2 more going smoothly so far to be sailed later this year.)

[FlyerTalker]

8 minutes ago, MEFIowa said:

But, weird how the TA cheerleaders are suddenly silent. All those posts about glorious TAs and all they do. Here I thought "TA" meant sunshine and unicorns and the Sound of Music.

 

OK....here's for no silence.  I am a big believer in using a HIGHLY QUALIFIED travel agent.  Not a cheap discounter, not a "home agent" that associates with a franchise office so they can get TA rates for their own trips, and not a simple "order taker" that doesn't know one ship from the next.

 

If, OTOH, you are choosing an agent on the basis of price, you deserve what you get.  A quality, knowledgeable agent is worth their weight in gold -- but you have to take the time to research the candidates.

 

The OP took on this agent through inertia: "My TA retired last year and this TA took over for her."  No mention of any due diligence to research the qualifications of this new person.

 

So, the upshot is.....use a quality agent, who knows their stuff.  Who communicates effectively, often, and completely.  And documents every step of the way.  Anything else and you are not getting true service.

 

 

[Snaefell3]

1 hour ago, FlyerTalker said:

So, the upshot is.....use a quality agent, who knows their stuff.  Who communicates effectively, often, and completely.  And documents every step of the way.  Anything else and you are not getting true service.

One more thought:  Even if it's their mistake, it's your problem.  Act accordingly.

[fdnycruiser]

I can only speak for my TA, but if I cancel,or change a cruise, they want it in writing by email. They then sent me an adjusted invoice with the details. Not lecturing, as I’ve made my share of mistakes, just a FYI for others.