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Port of call canceled due to engine problems


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At the scheduled departure time in Charleston we were told due to engine problems we will stay overnight in Charleston and the next day port of call is canceled. The next day we left in the morning. Are there any experiences with compensations for this in general? I remember here was a thread that for the late night Panama Canal transit was a compensation given for thise who asked.

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Sorry, but he answer is clearly laid out in Silversea's Terms and Conditions:

 

"Itinerary arrival and departure times are always subject to change without notice. Silversea reserves the right to cancel, alter, advance, postpone or substitute any scheduled sailing or itinerary, substitute another vessel for the scheduled ship, or substitute or cancel scheduled ports of call, which, in its sole judgment and discretion, is justified for any reason, and to do so without liability for any loss whatsoever to guests as a result of said change(s)."

Edited by Seafairer
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Let me understand this...you are considering requesting compensation, in some form, because you missed Morehead City, NC?? Really. Enjoy the rest of your cruise.
Folks will book cruises to get to places in the world that they'd never manage to get to otherwise. Coming to mind are Antarctica, St. Helena, Pitcairn, Svalbard....and of course, Morehead City.

 

To modify an old joke (originally about Philly):

 

First prize is a one week vacation with your mother-in-law in Morehead City. Second prize is two weeks.

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At the scheduled departure time in Charleston we were told due to engine problems we will stay overnight in Charleston and the next day port of call is canceled. The next day we left in the morning. Are there any experiences with compensations for this in general? I remember here was a thread that for the late night Panama Canal transit was a compensation given for thise who asked.

 

Sorry to hear of your disappointment. Your question to me at least seems perfectly reasonable.

 

To a degree it depends on where you are based and made your booking. It is sadly somewhat of a lottery.

 

If you are in the EU and possibly Oz then you may have recourse. Unfair consumer contract terms are unenforceable in Oz and the EU so a lot depends on whether the cruise line are considered responsible or if it is outside of their control. Luckily in Europe we have a precedent in that airlines are always considered to be fully responsible for all mechanical breakdowns and are therefore fully liable to pay for both cancellations and delays. If airlines are deemed to be fully responsible for mechanical failures it would seem therefore to me at least to apply to cruise ships equally. Clearly ports of call are often the very reason for bookings cruises and it seems to me you have suffered a loss.

 

The bottom line is that if you are in the US then sadly you have inadequate consumer protection and it will be goodwill only. In EU and Oz however I believe you might well be entitled to compensation. Wherever you live, you should ask for, it but the reception you receive and likelihood of receiving it depends.

 

Good luck.

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Sorry to hear of your disappointment. Your question to me at least seems perfectly reasonable.

 

To a degree it depends on where you are based and made your booking. It is sadly somewhat of a lottery.

 

If you are in the EU and possibly Oz then you may have recourse. Unfair consumer contract terms are unenforceable in Oz and the EU so a lot depends on whether the cruise line are considered responsible or if it is outside of their control. Luckily in Europe we have a precedent in that airlines are always considered to be fully responsible for all mechanical breakdowns and are therefore fully liable to pay for both cancellations and delays. If airlines are deemed to be fully responsible for mechanical failures it would seem therefore to me at least to apply to cruise ships equally. Clearly ports of call are often the very reason for bookings cruises and it seems to me you have suffered a loss.

 

The bottom line is that if you are in the US then sadly you have inadequate consumer protection and it will be goodwill only. In EU and Oz however I believe you might well be entitled to compensation. Wherever you live, you should ask for, it but the reception you receive and likelihood of receiving it depends.

 

Good luck.

 

 

So what is the compensation for getting to stay in historic Charleston vs. going to the backwater of Morehead City?

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1. There is no pre-set tariff for how much a missed port would be valued as. It is less than the cruise cost but certainly more than zero. It is for negotiation and if that fails for a judge to listen to and decide. Because there isn't a convenient number to land on it doesn't nul the rights of a claim.

 

2. The reason why expeditions miss itinerary is normally for genuine reasons outside of their control and is entirely different from mechanical failure. In those situations in my view the terms and conditions are perfectly reasonable.

 

It is a shame that some continue to welcome reasonable question s and expressions of view with sneering or negative comments and it is probably the main reason why so few nice and decent people can be bothered to participate.

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So what is the compensation for getting to stay in historic Charleston vs. going to the backwater of Morehead City?

 

The ship was cleared to sail. Therefore the captain told, that no one can leave the ship. So it was not a comparison to stay in Charleston vs. Morehead City, but to stay on the ship in port vs. a new port of call.

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So that explains the OP's original comment.

 

Jeff, I have nothing against people making slightly jokey remarks and comments, but it is the way they say them, isn't it? Things you could easily say to a friend or acquaintance in person can sound pretty rude on these forums.

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Sorry, but he answer is clearly laid out in Silversea's Terms and Conditions:

 

 

 

"Itinerary arrival and departure times are always subject to change without notice. Silversea reserves the right to cancel, alter, advance, postpone or substitute any scheduled sailing or itinerary, substitute another vessel for the scheduled ship, or substitute or cancel scheduled ports of call, which, in its sole judgment and discretion, is justified for any reason, and to do so without liability for any loss whatsoever to guests as a result of said change(s)."

That may spell out their (lack of) legal obligations, but it doesn't address the question of whether they ever do, and if so, under what circumstances. Many cruises lines with the same disclaimer routinely refund per passenger port charges, fees, etc. that they don't incur due to skipping a port.
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You're absolutely right, Mark K. Cruise lines can and do make exceptions to "the rule." I only mentioned it to point out what the passenger contract says.

 

I'd suggest that the best route is to contact the travel agent and ask him or her to intercede. The TA has a much stronger relationship with the line than an individual passenger and is less easily brushed off. If there's any chance of some form of compensation or perhaps an onboard credit for Shipsmail's disappointment, it is far more likely if a TA is involved.

 

Of course, there's always another side, and I don't think we know if, for example, a maritime or immigration regulation simply prohibits anyone from leaving a ship once it's been cleared to leave. It's possible that Silversea didn't have a say in the matter. Did they provide any additional details??

 

Best of luck.

Edited by Seafairer
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Us, too. We never did get to Portofino - on more than one cruise, high winds made it unsafe to use the tenders. Just one of the vagaries of being on a sea voyage.

 

Several years ago, an oncoming hurricane forced one of the mega ships to flee the Caribbean and move north to New England waters. It was autumn and passengers didn't have clothing for the cold weather. Using the pool was out of the question. I believe compensation was provided in that extreme situation. A couple of summers ago, I remember reading here that Silversea's air conditioning system on the Wind or Cloud was out for most of one cruise in the very hot Mediterranean; dress codes were abolished, waiters were allowed to serve in shirtsleeves, people slept out on the deck. It was a nasty experience that affected everyone for several days, and I think Silversea did compensate for it.

 

But I doubt that Silversea will, or needs to, compensate for the experience out of Charleston. I'm very sorry you were disappointed but trust that Silversea kept everyone well fed, entertained, and taken care of in luxury style between Charleston and the next port.

Edited by Seafairer
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  • 2 weeks later...

Yes one of the engines was a problem and delayed our departure from Charleston however it was the fault of the US Coast Guard because they wouldn't/couldn't make the decision for us to leave so we overnighted in Charleston but were not allowed off the ship.

 

We departed at 0700 the next morning due to another ship needing our berth and proceeded directly to Norfolk.

 

Yes we missed Morehead City and I was disappointed because i wanted to set foot in North Carolina but with cruising that's just the way things happen. It is what it is.

 

We had a medical emergency after leaving Bermuda so we sped through the Bermuda Triangle :eek: and arrived in Nassau 12 hours ahead of schedule, thus overnighting in Nassau and allowing the sick passenger to go to hospital and the rest of us to have much longer in Nassau than originally planned:)

 

I think it worked out well. A good cruise with interesting ports.

 

Cheers

Jennifer

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