Issues on Silver Cloud Expeditions Antarctica Cruise 1723 departing 21 december 2017

I was on the above mentioned expedition with Silversea. The ship had been refurbished weeks before our cruise. Unfortunately, we experienced several issues during the 19 day cruise, despite the recent refurbishment:

- the pool was closed (they promised a heated resort-style pool)

- the heating failed several times during the cruise

- our cabin was flooded

- musty odors in cabins and public rooms (as other cabins were flooded too)

I'm trying to find other passengers who experienced the same issues during their expedition. I received a future cruise credit from Silversea over EUR 5'000 but considering the price tag of over EUR 100k i believe that this is not sufficient.

I was on the above mentioned expedition with Silversea. The ship had been refurbished weeks before our cruise. Unfortunately, we experienced several issues during the 19 day cruise, despite the recent refurbishment:

- the pool was closed (they promised a heated resort-style pool)

- the heating failed several times during the cruise

- our cabin was flooded

- musty odors in cabins and public rooms (as other cabins were flooded too)

 

I'm trying to find other passengers who experienced the same issues during their expedition. I received a future cruise credit from Silversea over EUR 5'000 but considering the price tag of over EUR 100k i believe that this is not sufficient.

It is widely understood that one is likely to encounter issues shortly after a major refurbishment -- and that those issues are in many cases a result of the dry dock work rather than despite that work. Did your TA not alert you to the possibility/likelihood that there would be hiccups?

thx244,

Welcome to CC and your first post and it's a shame your first post is made under such difficult circumstances.

Your post doesn't state your geographic location but implies it is within Europe as your fare is stated in euros. Where you made your booking has implications for your options if you fail to receive reasonable compensation in your negotiations. If in the EU your rights are far clearer and greater than those enjoyed (for example) by Americans. In the UK and EU (and Oz) courts generally, in the event that this ends up in litigation are very fair in deciding these issues as I can personally confirm. ;) In these territitories you can safely ignore allcontract exclusion clauses if they are "unfair" and give and "unfair advantage" the the provider of services. A court will simply try to judge as a starting point "would the customer have bought the service if they had known what they had subsequenely received" and everything then flows logically from that answer. Hoowever (in the UK) this looks like it would be either a County Court or High Court action so doing everything you can to avoid that route is preferable. However SS has already acknowledged that what they provided was insufficient because they have offered a substantial or though unacceptable credit. Hopefully you rejected the credit.

If however you are US based your main recourse is through pressure rather than law.

Best wishes and good luck.

Hopefully you rejected the credit.

It would appear that they accepted the credit, because they say that they "received a future cruise credit from Silversea over EUR 5'000." Perhaps they only received an offer. In any case, I am puzzled that the figure is not a round 5000 -- or some round figure -- but is apparently something "over" 5000.

I would think the pool would be closed on an Antarctica cruise. I have cruised a lot on both Regent and Silversea and have never seen the pool open on cruises to cold climates (Norway, Alaska, and Canada come to mind). Now I have seen the hot tub open, but not the pool.

It is widely understood that one is likely to encounter issues shortly after a major refurbishment -- and that those issues are in many cases a result of the dry dock work rather than despite that work. Did your TA not alert you to the possibility/likelihood that there would be hiccups?

Those holiday fares can be quite large, especially on an expedition ship, and I know that I'd be pretty disappointed myself based on the OP's post. With that said, I would only expect the hot tubs to be open in Antarctica.

It is widely understood that one is likely to encounter issues shortly after a major refurbishment -- and that those issues are in many cases a result of the dry dock work rather than despite that work. Did your TA not alert you to the possibility/likelihood that there would be hiccups?

Unfortunately, our Silversea travel consultant did not advice us that there might be such issues after a refurbishment. It was quite the opposite. We were told several times to make sure to bring our swim wear as there would be a heated pool and jacuzzi. Shortly, before departure they even sold us an upgrade for EUR 20k saying this would be a trip of a lifetime and a larger suite would make it even more memorable....

I would think the pool would be closed on an Antarctica cruise. I have cruised a lot on both Regent and Silversea and have never seen the pool open on cruises to cold climates (Norway, Alaska, and Canada come to mind). Now I have seen the hot tub open, but not the pool.

Silverseas advertises a heated resort-style pool even on Antarctica expeditions. Some other expedition ships also have heated pools or at least heated jacuzzis. We complained on board and were told that the maintenance team was working on it.

thx244,

 

Welcome to CC and your first post and it's a shame your first post is made under such difficult circumstances.

 

Your post doesn't state your geographic location but implies it is within Europe as your fare is stated in euros. Where you made your booking has implications for your options if you fail to receive reasonable compensation in your negotiations. If in the EU your rights are far clearer and greater than those enjoyed (for example) by Americans. In the UK and EU (and Oz) courts generally, in the event that this ends up in litigation are very fair in deciding these issues as I can personally confirm. ;) In these territitories you can safely ignore allcontract exclusion clauses if they are "unfair" and give and "unfair advantage" the the provider of services. A court will simply try to judge as a starting point "would the customer have bought the service if they had known what they had subsequenely received" and everything then flows logically from that answer. Hoowever (in the UK) this looks like it would be either a County Court or High Court action so doing everything you can to avoid that route is preferable. However SS has already acknowledged that what they provided was insufficient because they have offered a substantial or though unacceptable credit. Hopefully you rejected the credit.

 

If however you are US based your main recourse is through pressure rather than law.

 

Best wishes and good luck.

Of course we rejected the EUR 5k future cruise offer. The place of jurisdiction for our booking is Germany. Thus, it underlies rather strict consumer laws. My lawyer advised me that we could get a cash refund of around 50%. Seems like we will have to sue Silversea as they are not replying to our emails. It would be good to get in touch with other passengers who experienced the same issues, as they might have the chance to receive a similar refund.

Of course we rejected the EUR 5k future cruise offer. The place of jurisdiction for our booking is Germany. Thus, it underlies rather strict consumer laws. My lawyer advised me that we could get a cash refund of around 50%. Seems like we will have to sue Silversea as they are not replying to our emails. It would be good to get in touch with other passengers who experienced the same issues, as they might have the chance to receive a similar refund.

Hi,

It's excellent news that you are in Germany. You may know German consumer laws are EU compliant, and they were based on UK existing laws. It was my instinct before your reply (based purely on little detail) that the reimbursement would be in the 33- 66% range depending on what else happened, and hopefully your lawyer specilaises in consumer issues. You should nudge his memory with respect to additional compensation for "vexation, agrevation and dissapointment" as well as consequential incurred costs such as airfares etc which a judge would probably consider in addition to the pure reimbrusement aspects particularly if SS hasn't been forthcoming with a reasonable pre-court offer. In one of my cases which is used as a precedent in large consumer holiday claims, my total award which included all non-reimbursment elements worked out at around 100% of the total trip cost and it was only confined by the the County Court award limit. I was content with the result and hadn't expected as much, hence it is now "a precedent".

When SS, who are an experienced cruise ship operator planned cruises that risked that level of disruption, they made a commercial decision that calculated that any reimbursements were less than the total revenue/profit loss and the 5k is a derisory insult and it is in all consumers interests as well as your own that you pursue and win this claim so that in future they recalibrate the decision more cautiously and consideraterly. A court will probably take a very dim view of this as it isn't the first time it has happened. They must be encouraged in future that they explain to customers the issue and give them the choice whether to proceed with the cruise or not rather than let it be a nasty surprise for them.

Best wishes and good luck with your pursuit. Please keep in touch re progress,:)

Silverseas advertises a heated resort-style pool even on Antarctica expeditions. Some other expedition ships also have heated pools or at least heated jacuzzis. We complained on board and were told that the maintenance team was working on it.

Well, all I know is that Spirit also is advertised as having a heated pool, but it was closed most days on our trans-Atlantic voyage and also between New Zealand and Australia for the cooler days.. Towards the end, when it was warmer outside, it was open. I really think it depends on the climate and weather. The hot tub should however be open regardless of ambient temperature if the weather is good.

FWIF, The pool and hot tub were open about half the time on our Ushuaia to Ushuaia cruise in February. We love the pool and hot tub. Had they not been available on our cruise I don't think we would have cared in the least as we only deigned to use each once -- there was so much better scenery to watch outside!

And over 100K EUR for a 19 day cruise? Holey Moley!

I really think it depends on the climate and weather.

Those should have no bearing on the matter if the sea is calm. SS advertises the ship and cruises as having a heated pool and hot tub. Of course, ship happens and there are mechanical failures. However, if they are closing the pool/hot tub just to save money on fuel, sue them!

Those should have no bearing on the matter if the sea is calm. SS advertises the ship and cruises as having a heated pool and hot tub. Of course, ship happens and there are mechanical failures. However, if they are closing the pool/hot tub just to save money on fuel, sue them!

Bill,

in my first holiday claim, I learned a lot of interesting things from the judge when he was summing up. My case had at the core of it was breaches of contract and that it was a "luxury holiday" and so the judge said that he had spent a long time pondering over what the word "luxury" meant and he concluded that he really couldn't come up with a concise definition. However he said that what he was much clearer about the breaches of contract and he was clear what "luxury" wasn't and he decided that that what we had received couldn't in any way be be desacribed as complying with both the promsises and "luxury". Judges also have quite a few tricks to establish witnesses credibility which I found interesting particularly as we had caught the defendant out with persistent fibbing. There are similarities between the judges techniques and behavourial interviewing in industry.

Sadly, people that accept services that weren't as promised, or ciriticise those that expect services as promised, do no service either to other consumers or even providers themselves because providers that behave honourably and earn over time a reputation of integrity and honesty in the end tend to prosper and do better for longer whereas those that don't eventually run out of runway. :)

I would think the pool would be closed on an Antarctica cruise. I have cruised a lot on both Regent and Silversea and have never seen the pool open on cruises to cold climates (Norway, Alaska, and Canada come to mind). Now I have seen the hot tub open, but not the pool.

We recently returned from an Antarctica cruise with Seabourn, and the pool and hot tubs wereopen when the seas allowed.