Anyone affected by the volcano?

[madforcruising]

Where does it say claims against the cruise line are to be handled....what venue?

 

Frankfurt Main, Germany

 

ETA: It also is clearly spelled out in the T&C´s that german laws apply to the contract.

[Cruzaholic41]

In cases of an 'act of god' where nobody is responsible the risk may be laid either on the customer or the company that provides a service. Simple logic.

 

Our laws say very clearly that in those cases (which btw have a very low probability), the burden is on the company. Period. It's a risk they have to absorb when they are in business.

 

But once again, the "act of God" is not preventing the cruise from happening. The ship will be sitting there, engines running, waiting for your arrival.

[jonorma]

we are due to fly from edinburgh to southampton next sunday to board our cruise.we are looking at hiring a car and driving down on saturday.we booked cruise and flight through t/a .will we be able to claim costs back from t/a or flight company

[Cruzaholic41]

Frankfurt Main, Germany

 

ETA: It also is clearly spelled out in the T&C´s that german laws apply to the contract.

 

Gotcha. Thank you, sir.

 

I still think my point stands, though. The cruise line is not failing to provide it's service.

[madforcruising]

Gotcha. Thank you, sir.

 

I still think point stands, though. The cruise line is not failing to provide it's service.

 

I totally agree with you. The point Barral is referring to and which will likely be the point of discussion between lawyers and a judge is a law over here.

 

This law says - and I´m not prefectly translating this - somtething to the point that in case of an "Act of God" the traveler can cancel the contract being eligible for a full refund.

 

This is clearly speeled out and beyond dispute.

 

IMO the dispute will be about if the "Act of God" will apply to a situation where the product in question is a cruise out of Dubai while the "Act of God" only affecting the air travel in Europe, which is not part of the contract.

I think it makes a huge difference here if the contracted trip originates in Europe or Dubai, but again this is my opinion and I´m not a lawyer.

[anastasia1]

we are due to fly from edinburgh to southampton next sunday to board our cruise.we are looking at hiring a car and driving down on saturday.we booked cruise and flight through t/a .will we be able to claim costs back from t/a or flight company

 

 

Hi- you will need to check with your TA and travel insurance. Because you are on the outward leg the airline does not have the same level of responsibility as if you were already away from home. Most insurance policies name an amount for additional travel expenses incurred (and you will get the ticket price refunded although its more complicated if its a return and you will still need the return part- so it may be a pittance). You also have the risk that you will make these arrangements and then your original flight will go out on time- which may affect any claim.

 

What about the train at least part way and then pick up a hire car? Southampton is only a 4.5 hour drive (at the right time of day!) from my home in North Yorkshire.

 

Hotels in southampton may be very full as well. Train to stevenage (direct from edinburgh I think)- stay overnight there then get hire car for a quick early morning drive to southampton (or get the cost of a taxi/hire local company- it may be not that dear). One way car hires can add up. Its only about 110 miles then- taxi should be a decent price.

[CruisinGerman]

Dear friends:

 

I agree with you on the "force majeure" interpretation of European laws. Perhaps RCCL is telling you no at this point, but they won't say no when your claim is made through a lawyer, national enforcement bodies, etc.

 

Here in Spain, RCCL even unoficially lets you cancel a cruise at the last minute even when you are within 100% penalty. In this case, they make you re-book another cruise and do not give you a refund.

 

Companies cater their business practices to the cultural and business practices of each country involved.

 

What may work in the U.S. as far as cancellation penalties might be considered unthinkable and harsh in other countries.

 

If you booked with a travel agent, they will be able to straighten it out for you. If you booked directly with RCCL just stick to your position. They will eventually give you a refund. The same thing happened during 9/11. Here in Europe everyone got refunds even when they booked their air separately and could not be considered to fall within the Package Travel Directive.

 

Kind regards,

 

Gunther and Uta

[supergran]

Many posts are saying to claim from your travel insurance but many companies have said they will not pay out in this situation. Where does that leave people who booked flights separately from the cruise either by choice or because cruise flights were not available?

[madforcruising]

Many posts are saying to claim from your travel insurance but many companies have said they will not pay out in this situation. Where does that leave people who booked flights separately from the cruise either by choice or because cruise flights were not available?

 

They might be out of luck then.

[Cruzaholic41]

Many posts are saying to claim from your travel insurance but many companies have said they will not pay out in this situation. Where does that leave people who booked flights separately from the cruise either by choice or because cruise flights were not available?

 

I've read a few posts in this thread that said flights were not available through the cruise line. If that is the case, and you did not have the option of booking air through the cruise line, I think you have a basis for argument.

 

I will not give false hope and say "You Will Win," but I think it's a good bargaining chip to use with the cruise line. Why not try?

[IsetVB]

With respect to the EU customers getting full refunds, if I book a cruise through RCCL Germany - it is the same price for the cruise as when I book through RCCL US? If the price is higher in Germany, then it sounds like the risk of needing to pay a refund is built into the original price of the cruise.

[madforcruising]

I've read a few posts in this thread that said flights were not available through the cruise line. If that is the case, and you did not have the option of booking air through the cruise line, I think you have a basis for argument.

 

I will not give false hope and say "You Will Win," but I think it's a good bargaining chip to use with the cruise line. Why not try?

 

 

Interesting thought, but how are you going to prove that you wanted to book their flights but couldn´t because non were available?

[madforcruising]

With respect to the EU customers getting full refunds, if I book a cruise through RCCL Germany - it is the same price for the cruise as when I book through RCCL US? If the price is higher in Germany, then it sounds like the risk of needing to pay a refund is built into the original price of the cruise.

 

 

It´s not the same price and actually it´s very often a matter of complaint on the boards that the price is not the same. I think this is a perfect example to show why there is a difference in price.

[Cruzaholic41]

Interesting thought, but how are you going to prove that you wanted to book their flights but couldn´t because non were available?

 

That's true. It's not an airtight defense, just maybe a way to appeal to their soft side.

[BecciBoo]

 

There are no winners from this.

 

An astute statement and I should have worded all my posts with this phrase, I am in complete agreement.

[Barral]

I fail to see any sound reason why those who have booked a flight using RC as an intermediary should be any better off than those who used another TA.

 

When I woke up Friday morning ready to drive to the airport I found the local airspace closed. There were still two flights bound for Dubai out of Munich that day but those were fully booked according to my TA and Emirates. RC couldn't have gotten their clients stuck in DUS or FRA on those two flights nor could my TA nor could any other.

 

I explicitly asked RC whether they saw a way of getting my to Dubai. The answer was quick and short: No!

 

But that's beside my point. I was unable to get there had I booked a flight through RC or any other TA. I think that distinction is arbitrary and will not hold up in any sensible court. If necessary, I'm quite prepared to put that to a test.

[madforcruising]

I fail to see any sound reason why those who have booked a flight using RC as an intermediary should be any better off than those who used another TA.

 

When I woke up Friday morning ready to drive to the airport I found the local airspace closed. There were still two flights bound for Dubai out of Munich that day but those were fully booked according to my TA and Emirates. RC couldn't have gotten their clients stuck in DUS or FRA on those two flights nor could my TA nor could any other.

 

I explicitly asked RC whether they saw a way of getting my to Dubai. The answer was quick and short: No!

 

But that's beside my point. I was unable to get there had I booked a flight through RC or any other TA. I think that distinction is arbitrary and will not hold up in any sensible court. If necessary, I'm quite prepared to put that to a test.

 

Good luck with that and I´m very interested in the outcome, so please let us all know.:)

[Barral]

Good luck with that and I´m very interested in the outcome, so please let us all know.:)

Ok, I will. But I think before it comes to that there will be a whole lot of negotiating and bargaining. For instance, I would not insist on cash refund. I'd be happy to accept a voucher from RC for another cruise in the future, maybe even the same trip next year. :)

[Aquahound]

I fail to see any sound reason why those who have booked a flight using RC as an intermediary should be any better off than those who used another TA.

 

Perhaps, you don't see it as a person who is currently upset over the possible loss of a cruise and a lot of money. I've been in similar situations and I know the emotion can cloud judgment. However, the fact is, there most certainly is a difference. You opted not to have Royal Caribbean transport you to Dubai. Bottom line, that will likely be your downfall.

 

I wish you all the luck in the World with resolving this, and I'm not saying you should just throw down your armor and give up. I'm just being real.

[mtchg]

will give vouchers for the equivalent cruise in the future. I assume they are not legally bound to, but probably in their best interest business-wise.

 

Mitch

[Barral]

Perhaps, you don't see it as a person who is currently upset over the possible loss of a cruise and a lot of money. I've been in similar situations and I know the emotion can cloud judgment. However, the fact is, there most certainly is a difference. You opted not to have Royal Caribbean transport you to Dubai. Bottom line, that will likely be your downfall.

 

I wish you all the luck in the World with resolving this, and I'm not saying you should just throw down your armor and give up. I'm just being real.

Thank you for your sympathy and encouragement. And of course, you're having a point with "clouded judgement".

 

However, believe me, I'm not the jump-around type of guy. I've calmed down considerably in the meantime and I have mentally written off the vacation and the money. I'm just, as you suggested, not throwing in.

[Iggy_az]

I'd like to hear what the folks heard back from the Insurance companies.

Are they honoring the policy or what?

[Aquahound]

Thank you for your sympathy and encouragement. And of course, you're having a point with "clouded judgement".

 

However, believe me, I'm not the jump-around type of guy. I've calmed down considerably in the meantime and I have mentally written off the vacation and the money. I'm just, as you suggested, not throwing in.

 

Good luck. Like madforcruising said, be sure to come back and let us know how it turned out. If nothing else, this could be a lesson learned for the rest of us.

[galavant3]

I'd like to hear what the folks heard back from the Insurance companies.

Are they honoring the policy or what?

 

Fortunately, this situation is not affecting me personally but I am curious as well. I suppose you could argue that everything is an "act of God". I certainly will go and read the fine print on the policy for my upcoming cruise but I'll be interested to hear how everyone makes out.

 

Safe travels and best of luck to all that are affected.

[brfan]

I do believe you are missing the boat on this. According to the cruise contract that you agreed to, if you do not book air travel through the cruise line, getting to the ship is 100% your responsibility. If you are unable to make it, for whatever the reasoning is, it is your loss. That's a chance you take when you book your own flights.

 

As for the interpretation of the laws....what laws are you referring to, and how would they apply in U.S.? Civil cases against RCI are litigated in the Southern District of Florida (Miami), also according to your contract. And in a civil case, you have to prove the cruise line to be at least 51% at fault for you not making your cruise.

 

I feel very bad for those who are losing money and losing out on their vacations. That sucks. But let's be reasonable here. You can't expect these big companies to change their policies just for you, especially when it's a policy you agreed to when booking. This sort of thing happens all the time...not necessarily volcanoes....but people missing their cruises due to weather problems or flight problems.

 

Curious if you read the posts over at Princess when a similar situation occurred after the earthquake in Chile. From what I can recall even if you booked your air with Princess they were not going to do anything for you. I believe it is in their contract that they are not responsible for air even if you book it through them, since they are not in the air travel business. It is more of a convenience to clients to book everything all at once. I believe clients were told that it is between the client and the flight company to work out (based on posts). Princess basically told clients, according to the posts, that it was up to them to make their own arrangements and if they couldn't make it to the ship, then they would be considered voluntary no-shows and no compensation would be offered.

 

I have no idea if RCCL has the same attitude or wording in their contracts, but I wouldn't be surprised.

 

This is such a sad and horrible situation and I feel badly for anyone who is impacted. Not just those trying to make to the ship for their once in a lifetime vacation, but those who are stranded far away from home as well. I worry that many who cannot make it home for days or weeks because of this will not have a job to come back to. I'm hoping employers will be sympathetic and realize that this is beyond anyone's control. However even if they don't loose their job they will have lost days/weeks of income after being inconvenienced and having to spend money that they may not have to survive until they can return home.

 

I can't imagine how this will impact the cruise lines as a whole. If it is true that only those who purchased insurance on or before April 13th will be covered for this event, I can't imagine anyone willing to risk booking any kind of European cruise from now on since they would have to gamble that the problem won't reoccur in the late summer or fall. Plus I would imagine many are contemplating cancelling their European cruises if they are before final payment as it may be too risky.