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Harry Peterson

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  1. I think that’s right, Andy. This has only really started to make people think about cancelling over the last couple of weeks, so it’s probably going to be cruises from around mid-May on that they’ll struggle to shift without heavy discounting. Time will tell.
  2. Still nothing, but it will have to happen. Two opposing viewpoints I suppose - help our citizens or worry about the precedent and expect holidaymakers and their insurers to sort their own problems out. If the prediction that 50% of the world’s population will inevitably be infected proves correct, quarantine is going to be completely irrelevant anyway soon.
  3. Morning Andy - there are going to be some very cheap cruises around for anyone prepared to risk it, but I’m sure your approach is more sensible! It will get resolved of course, at some point, and if the current prediction that we can expect 50% of the population to contract it is fulfilled, as an older person with some health issues I’m a lot more worried about the NHS than I am cruises. You might even stand a better chance on a ship!
  4. A view apparently shared by quite a few others if you can believe the report on Radio 4’s Today programme this morning that cruise bookings are down 40%.
  5. As I understand the situation on Spirit of Discovery, the approach adopted was to quarantine all occupants of affected cabins.
  6. I suppose it depends whether the bookings were made in the EU, where we’re still protected by this EU legislation at the moment - I’ve no idea whether America has anything similar, and I’m guessing most passengers might be American? Depends on whether “a significant proportion of the services contracted for is not provided” - rather looks that way, doesn’t it? 10% doesn’t sound much to “compensate the consumer for the difference between the services to be supplied under the contract and those supplied“ does it?
  7. Not at all, Stephen. It's a fascinating subject, the cruise companies are not always adhering to the legislation, and you raised some interesting and very valid points. Harry 🙂
  8. The after departure position is covered by this: 14.—(1) The terms set out in paragraphs (2) and (3) below are implied in every contract and apply where, after departure, a significant proportion of the services contracted for is not provided or the organiser becomes aware that he will be unable to procure a significant proportion of the services to be provided. (2) The organiser will make suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the package and will, where appropriate, compensate the consumer for the difference between the services to be supplied under the contract and those supplied. (3) If it is impossible to make arrangements as described in paragraph (2), or these are not accepted by the consumer for good reasons, the organiser will, where appropriate, provide the consumer with equivalent transport back to the place of departure or to another place to which the consumer has agreed and will, where appropriate, compensate the consumer. On which Which? comments: What if my package holiday changes after it starts? If after departure a significant proportion of the services contracted for is not provided, or the organiser becomes aware that they will be unable to procure a significant proportion of them: the organiser must make suitable alternative arrangements, at no extra cost to you, for the continuation of the package and will, where appropriate, compensate you for the difference between the services to be supplied under the contract and those actually supplied if it is impossible to make arrangements, or these are rejected by you for good reason, the organiser will, where appropriate, provide you with equivalent transport back to the place of departure or to another place to which you have agreed and will, where appropriate, compensate you.Significant proportion of services not provided
  9. Back to the word significant again, Andy, and how it might be interpreted. Depends how many ports involved, their significance perhaps, the overall percentage - a multitude of factors. I don’t think anyone really knows the answers yet, because each situation will be different. Harry
  10. Not sure about that one, but I’m guessing not. Either way though, this stems from EU legislation and won’t apply outside the EU. The UK, having now left the EU, could also decide to abandon it after the end of this year.
  11. A couple of interesting questions there, Stephen. On the ‘significant’ point, the legislation carefully avoids any definition, leaving the interpretation ultimately to be decided by the courts. In the examples you give though, I’d suggest that one port out of several wouldn’t trigger the legislation, and neither would a rearranged itinerary. Half, however would, and perhaps even a quarter or a third, depending on the circumstances. That’s just a personal view though. This hasn’t been fully tested yet, and my guess is that cruise operators would prefer to keep it that way. On the S75 Consumer Credit Act point (re credit cards) this is the wording of the Act: 75. — (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor There would have to be a misrepresentation or breach of contract, which the port changes might amount to. The operator would refer to the exclusions in the terms and condition, these are rendered invalid by the 2018 Regulations, so a claim against the card company might work - though you’re still back to the meaning of significant. Again, just a personal viewpoint. Interesting and developing field, isn’t it? This article from the excellent Simon Calder might also be of interest: https://www.independent.co.uk/travel/news-and-advice/coronavirus-news-latest-princess-cruises-iglu-package-travel-regulations-a9331066.html
  12. It's been in place throughout for any package holidays booked since 1 July 2018. I suspect though that some companies haven't been operating it correctly or telling their customers. A bit of Googling will bring up commentary from Which? etc. Be wary of accepting the views of the travel industry though. It might be a little one sided.
  13. Exactly as you say, Andy. And the legislation covers only cruises booked on or after 1 July 2018, so they may well have been within their rights, because of the Ts and Cs. Those can no longer get them out of a situation like this, though. Interesting situation, isn't it? I hope this thread will help people who might be finding some cruise companies a little reluctant to assist, and it may also help those wondering what to do about Coronavirus - it perhaps offers them better options.
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