Cancelled cruise

I'm sure somebody recently posted a link on this board regarding the maximum amount a tour operator can charge by law for a cancelled cruise when they then go on to sell that same cruise to somebody else. Sorry that's a garbled question, but I can't think of a better way to ask it. Any help to find the link would be appreciated

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I posted replies on the P&O CC forum in Dec 2016 regarding cancellation charges, so I don't know if thats a discussion you read.

At the time I was in dispute with P&O over their charges for me cancelling a cruise, and, as it was seeming likely that I was going to progress to the claims court I was limited to what I could say on the forum.

However P&O did admit defeat and refunded all my money.

There is no specified amount that a cruise company can charge as it depends upon what costs it may have incurred because of the consumer's cancellation.

However the charges must be fair and must take into account any revenue they have received for a resale of the holiday. The Competition and Marketing Authority (CMA) have been most active in taking action against firms who have treated customers unfairly in that respect. They take action under the Consumer Rights Act 2015 (formerly the Unfair Terms in Consumer Contracts Regulations 1999) which also now includes Office of Fair Trading 668 2004 (Guidance on Unfair Terms in Package Holiday Contracts).

It is worth investigating those documents. They are all available on line.

In my case we had booked an expensive fly cruise, paid a deposit of c£1500, but then later cancelled it. I discovered the holiday had been sold within 14 days.

I then wrote to P&O stating that I wanted a refund of my deposit less any loss or expense caused by my cancellation, and if there were such costs then they should offer supporting documentation for that.

My initial letter was met with a polite refusal of a refund.

My second letter was unanswered.

My third letter contained a formal letter in compliance with the Practice Direction on Pre-action Conduct prior to court action.

The full amount was returned a few days later.

I hope this possibly boring saga is of use.

Not boring at all. That's just the help I need, thank you. I recently cancelled a cruise due to depart on 25th June on Discovery 2 and was charged a penalty of 70%. I see online that the cruise is now fully sold, so it would seem that Thomson is currently making a nice profit

Not boring at all. That's just the help I need, thank you. I recently cancelled a cruise due to depart on 25th June on Discovery 2 and was charged a penalty of 70%. I see online that the cruise is now fully sold, so it would seem that Thomson is currently making a nice profit

They hide behind their 'T&Cs', but those terms & conditions are deemed 'unfair and of no effect' if they are biased towards the seller. That is because when you book the holiday you are unable to negotiate the terms & conditions, you have to tick to agree with them. So they have to be balanced and fair.

You have nothing to lose by challenging them on the basis that they are profiting by your cancellation, which they are not legally entitled to do. You can quote unfair terms under the 2015 consumer rights act, and request a refund less their costs and expenses.

If you do, be prepared for no answer as they hope you will give up but give them 21 days to answer then write again. However stay factual and polite at all times.

Thomson have lost in court several times on retention of payments I understand.

The Daily Telegraph ran a campaign last year in their money section, and got some results.

I hope you get some joy because it's painful when you feel ripped off.

Thank you for your advice. I'm going to fight on principle because we could get most of the money back through travel insurance, but that's not the point. I'm really surprised that the insurance companies don't fight the travel companies, they are usually so quick to find any excuse not to pay put.

Well done, good decision.

I agree about the insurance companies. It doesn't seem to make sense. Perhaps there is some sort of convoluted business arrangement in the background.

So good luck, you can't really lose because they have put you into a negative position to start with.

If you get to the point of a formal letter of pre court action I suggest you Google a template for the format. You don't need to involve a solicitor.

That letter invites them to mediation, and is meant to exhaust every alternative to going to court. An offer of settlement is likely at that stage.

Best wishes.

Jake26

If you can get the money back through your ins, I don't think I would be inclined to go through the hassle of a fight.