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Anybody else had this happen to their HAL Alaska Cruise?


Engineer_abroad
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I'm sorry but our opposing positions are not anywhere close to equally meritorious. There is no significant foundation for your accusation.

 

Which accusation? Fraud, yea ok maybe this was too strong, I do maintain if there was deliberate misrepsentation then it is but I cannot prove deliberate misrepsentation.

 

The accusation that there was a contractual breach on the basis of misrepsentation or an unfair contract term, that is perfectly valid. Straw manning point 1 does not negate the entire argument only point 1.

 

For those following this in the future a good guide to unfair contract terms can be found herehttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284435/oft668.pdf

 

Note section 3.14

 

Consumers' rights on pre-departure change or cancellation by the supplier

3.14 When suppliers have to cancel the holiday or make significant changes to essential aspects of it (such as the price) before departure, consumers are given a number of specific rights, over and above their common law rights, under Regulations 12 and 13 of the PTRs.

• Regulation 12 provides that the supplier must notify the consumer as quickly as possible to enable him to take appropriate decisions and, in particular, to withdraw from the contract without penalty or to accept the alterations. The consumer is to inform the supplier of his decision as soon as possible.

• Regulation 13 sets out the options available to the consumer when the supplier cancels or the consumer cancels following a significant change to an essential term of the contract. What is a significant change or an essential term will depend on the circumstances of the case but the following are examples that we have seen and that we would generally view as amounting to a significant change in holiday contracts: a reduction in the stay in resort of more than 12 hours, accommodation of lower standard, change to a different resort, change of UK airport, change of flight time by more than 12 hours, change of a day flight (unless very late in the day) to a flight the following night.

The options available to the consumer under Regulation 13 are:

i. take a substitute package of equivalent or superior quality if the supplier can offer one, or

ii. take a substitute package of lower quality if the supplier can offer one and to be refunded the difference in price, or

iii. a full refund of all monies paid under the contract.

Regulation 13(3) entitles consumers, if appropriate, to compensation for non-performance of the contract, except in the circumstances set out in Regulation 13(3) (see 3.18).

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luckily this is what we have been able to do. If you go the same route, be warned they initial wanted to charge us $400 a person because the price was now higher for the ship leaving 13 because it was closer to sail date. We asked what the price difference was on September 18 and they said nothing as it was still a long time to the sail date. We then told them we had a copy of the ACA schedules published 18 September showing they didn't have a spot in Glaicer bay at that time and why hadn't they offered us the opportunity then. They then waived the $400 extra charge.

 

...

 

Thanks! I'll keep that in mind if we decide to switch :)

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For the price of your "defrauded" one week HAL Alaska cruise you can haggle your legal arguments out in a small claims court pro se. Which I assume is in the State of Washington.

Edited by OlsSalt
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I apparently am one of the few who loves Glacier Bay and would take it over Hubbard any day.

 

Been only twice to Hubbard and about 14 times to Glacier Bay. I find Hubbard a drive-by at best, with a lot of time at seas getting there and back, but Glacier Bay an all-day scenic cruise. Reid, Lamplugh, Johns Hopkins, Margarie Glaciers, forests, islands, whales, otters, maybe a bear on the shore. The best day of an Alaska cruise for me.

I agree that Glacier Bay is nicer overall than Yakutat Bay. What I said was Hubbard Glacier is more worth seeing IMO than than all of the glaciers in G.B. put together.
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We then told them we had a copy of the ACA schedules published 18 September showing they didn't have a spot in Glaicer bay at that time and why hadn't they offered us the opportunity then. They then waived the $400 extra charge.

 

As for compensation had this not been possible. Probably $150 OBC per passenger would have been sufficient

 

 

Glad to hear that everything worked out for you.

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Both the May 7 and 14 2017 Noodam r/t Vancouver sailings are currently not showing any itinerary on the HAL booking site.

 

There is no little graphic map showing the route, but when I click through to "View Itinerary" i can see the itinerary. I only checked May 14.

Edited by VennDiagram
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Morning all,

 

This is my first post here so apologies if it is in the wrong place (mods feel free to move).

 

Myself, my wife, my parents and my in-laws are all booked on the Ms Noordam on the May 14 2017 Inside Passage sailing (this will be my first cruise but parents are old hats at this).

 

However, I received a letter from HAL yesterday informing us that they have now removed Tracey Arm Inlet, Glacier Bay and Skagway from our itinerary to be replaced by Hubbard Glacier and Sitka. The reason given is 'Port Congestion' in Glacier Bay (which we were not stopping at, merely cruising around).

 

The new itinerary almost exactly matches the Hubbard Glacier tour that HAL offer from Seattle albeit we are leaving from Vancouver. Semantics I know as we will cruise the inside passage, at least on the way up.

 

To me this sounds suspiciously like 1 of 2 things:

1) HAL have been too late in applying for their permit for Glacier bay from the US park service and have now had to take that off our itinerary, Skagway makes no operational sense if you arn't going to Glacier bay and Tracey Arm inlet is lost to make up the time required to go a 100 m further North to Hubbard.

 

2) our inside passage cruise has been combined with a Hubbard glacier tour to make up passengers numbers.

 

I know there isn't a lot we can do about the itinerary change and will have to live with this new itinerary (with the loss of the chance to view up to 12 Glaciers) and even that HAL do not have to compensate us in anyway but I am just wondering if anyone has heard of this before and has some more insight.

 

Cheers

 

 

 

 

 

I have been looking on the net but have not found any information so am wondering if anyone has ever had

 

we had a small change but it is hard to dampen our day. have fun in alaska!

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If it was just me and the wife I probably would re-arrange for a another time. Unfortunately my parents are already committed to their flight.

 

I actually would of got on with the new itinerary fine and am really just being prickly because I view what they have tried to do as a bait and switch and do believe that the contracts favor the cruise line far to much. Airline passengers have more rights than cruise passengers do.

 

However.... we have just finished on the phone with HAL. After a bit on complaining (all nicely) we have had HAL agree to switch our cruise to the Nieuw Amsterdam which leaves the same port on our original schedule just 1 day earlier. Result. Took a little bit of work and some discussions but to their credit HAL have really come through and completely restored my faith in them.

Right back to dreaming of glaciers.

 

Glad to hear that.

Until I read your post about your change I didn't think anything about my cruise schedule changing, May 7th 2017.

Sure enough when I check the cruise line schedule, that you kindly posted, I noticed that my schedule has also changed. My cruise itinerary, Holland, WAS the same as yours. I choose this cruise so the wife and I could do the White Pass excursion. We have wanted to that trip for many years and after saving a long time to be able to do it now they change it.

We haven't even been notified of the change. So again thank you for posting.

 

I have sent an email to my TA but he is away till Dec 14th. I want to change as you did. May 6th when the Nieuw Amsterdam sails there.

I might contact Holland myself before my TA comes back. I have searched and they have the same cabin available.

 

I'm like you as wanting to see what I want to see after paying for it after saving for a long time.

 

Mr 1499 ,30 yr TA , if anybody, he should totally understand why we might be upset. I'm glad he is not my TA. I wonder if he said that to his customers.

" Pay me $5000 for your trip and don't get upset if they change it. " :eek::eek::p

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Morning all,

 

 

 

This is my first post here so apologies if it is in the wrong place (mods feel free to move).

 

 

 

Myself, my wife, my parents and my in-laws are all booked on the Ms Noordam on the May 14 2017 Inside Passage sailing (this will be my first cruise but parents are old hats at this).

 

 

 

However, I received a letter from HAL yesterday informing us that they have now removed Tracey Arm Inlet, Glacier Bay and Skagway from our itinerary to be replaced by Hubbard Glacier and Sitka. The reason given is 'Port Congestion' in Glacier Bay (which we were not stopping at, merely cruising around).

 

 

 

The new itinerary almost exactly matches the Hubbard Glacier tour that HAL offer from Seattle albeit we are leaving from Vancouver. Semantics I know as we will cruise the inside passage, at least on the way up.

 

 

 

To me this sounds suspiciously like 1 of 2 things:

 

1) HAL have been too late in applying for their permit for Glacier bay from the US park service and have now had to take that off our itinerary, Skagway makes no operational sense if you arn't going to Glacier bay and Tracey Arm inlet is lost to make up the time required to go a 100 m further North to Hubbard.

 

 

 

2) our inside passage cruise has been combined with a Hubbard glacier tour to make up passengers numbers.

 

 

 

I know there isn't a lot we can do about the itinerary change and will have to live with this new itinerary (with the loss of the chance to view up to 12 Glaciers) and even that HAL do not have to compensate us in anyway but I am just wondering if anyone has heard of this before and has some more insight.

 

 

 

Cheers

 

 

 

 

 

 

 

 

 

 

 

I have been looking on the net but have not found any information so am wondering if anyone has ever had

 

 

Just an idea, but I read that Princess cruises was fined 25 million for dumping waste, and since they are part of Carnival cruise lines, all CCL ships may have been banned from Glacier bay. Don't know if that is the reason, but it is worth a thought. By the way,Hubbard Glacier is Gorgeous. And Sitka is worth seeing.

 

 

Sent from my iPad using Forums

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Just an idea, but I read that Princess cruises was fined 25 million for dumping waste, and since they are part of Carnival cruise lines, all CCL ships may have been banned from Glacier bay. Don't know if that is the reason, but it is worth a thought. By the way,Hubbard Glacier is Gorgeous. And Sitka is worth seeing.

 

 

Sent from my iPad using Forums

 

 

We are sailing to Alaska with Princess on a back-to-back cruise in July 2017 and neither of our two visits to Glacier Bay have been banned.

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We are Noordam northbound on June 4, 2017 and knock on wood still have original itinerary. glacier bay was a determining criteria as we have been to Sawyer glacier previously. Will definitely keep an eye out for emails. Thank you for the heads up

 

Hi ManyGirl

 

Look at page 8 and you will see your cruise. Have a good time,

 

file:///C:/Users/jgrif/Desktop/2017-All-Ports-All-Vessels-September-18-2016.pdf

2017-All-Ports-All-Vessels-September-18-2016.pdf

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