Can a cruise line cancel your booked cruise because they published the incorrect pric

[bUU]

What if he listed his $250,000 house for sale and, somehow some of the documentation indicated a sale price of $25,000 --- would he live with it -- or would he make any argument that worked to get out of it?

The United States inherited a great deal of common law from the UK, including the Statute of Frauds that states that grants, assignment or surrender of leases or interest in real property must be in writing and signed. Such documents include an Integration Clause that states that the signed documents are the "entirety of the agreement" or the "complete and final agreement" and that "any previous negotiations in which the parties to the contract had considered different terms will be deemed superseded by the final writing". The effective result is that in the United States (and the UK, for that matter), there is no agreement (and therefore no contractual obligations) until the documents are signed, and once the documents are signed all representations of what is being purchased that were made outside of the signed documents are generally unenforceable. Exceptions generally require proof of the intent to defraud, and therefore exclude anything that could be a mistake.

[LHT28]

Thank you. I had no.idea this cruise would be 6000 more ouch. It was a special sale. Any further advice greatly appreciated. I have never heard anyone experiencing anything like this.

What was the price offered on sale ?

What is the price on HAL site?

 

Sounds like the online agent used bait & switch tactic

[julie3fan]

You might consider finding another TA. Perhaps they are charging you a fee for their services? We have never had a TA charge show up on our account, ever. And we have used several TAs over the years. Their commissions have always come directly from the cruise line.

 

Why would I need to find another TA? I'm very happy with my TA! The fee they charge is their commission. Paid by me, and allowed by the cruise line to be deducted from their fare. Same as everybody that uses a TA, I'd guess. The actual manner in which the funds get paid and received seems of little consequence just so long as everybody gets what they are owed.

[julie3fan]

I have to agree with the others. It's very odd you're making a payment to the TA. The cruise lines pay them their commission after final payment, so it sounds like your TA is taking you for some extra $$.

 

My TA is not taking me for extra money. I pay my TA's published fare, which is always hundreds of dollars less than the cruise lines published fare. I'm surprised to hear the commission only gets paid after final payment. Now THAT seems odd. I would have though they'd get paid at the time the service was provided, just like when you or I work. I would hate to wait a year or better for my paycheck for work I did today!

[Aquahound]

I'm surprised to hear the commission only gets paid after final payment. Now THAT seems odd. I would have though they'd get paid at the time the service was provided, just like when you or I work. I would hate to wait a year or better for my paycheck for work I did today!

 

It's not odd at all. Prior to final payment, you can cancel at any time for 100% refund (in most cases). If they paid the TA early, they would need to recoup that commission from them if you cancel.

[julie3fan]

It's not odd at all. Prior to final payment, you can cancel at any time for 100% refund (in most cases). If they paid the TA early, they would need to recoup that commission from them if you cancel.

I would think they'd be able to recoup the commission as easily as they'd be able to process my refund. I do see your point, I just never thought someone (the TA) would put forth effort and not get compensated for it for quite some time. I booked a cruise 665 days in advance one time, so that's a looooooong time to wait to get paid.

[sail7seas]

This has come up on here a few times before and unfortunately there is nothing you can do.

 

Straight from the Holland America Line Cruise Contract:

 

https://www.hollandamerica.com/legalAndPrivacy/Main.action?tabName=Cruise%20Contract&legacy=true#

(section 4, para 1, emphasis mine)

 

 

 

 

 

 

 

 

An egregious error by one of the parties such as a $6000 price misquote is as lawful as a reason as can be for them to unilaterally void the agreement. Just basic Contract Law 101.

 

And before anyone jumps on the "false advertising" bandwagon: by law an advertisement is not an offer of sale, just a solicitation for inquiry. And the lack of a "not responsible for typographical errors" disclaimer is meaningless; the idea that a business is legally obligated to match them if no disclaimer is an Urban Legend.

 

So sorry to say there is no legal recourse. And if you think you can go after them in civil court, you waived that right in several other clauses in the cruise contract that you agreed to as soon as you clicked your mouse. Likely the same applies to the online booking site in their fine print as well.

 

 

 

Scribner's error?

[zqvol]

The ta ran the ad on line for 2 days for sure I had 24hr hold. Deposit made to ta but my credit card has 2 separate entries one to HAL and 2 to ta

 

and that is your answer. The TA made the error, not HAL, so any issues that you have are with the TA, not with HAL.

[zqvol]

When I book with my TA, there's a payment for the deposit amount that goes to the cruise line, and a payment directly to the TA that represents their commission. And if I get my travel insurance through the TA there's yet another payment to the insurance company.

 

You need to find a new TA, because the cruise line pays the commission, you don't.

[julie3fan]

You need to find a new TA, because the cruise line pays the commission, you don't.

But they pay it out of the money that I pay them, right? Let's see if I can explain this. Say my cruise costs $100. The TA's commission is $20. I can pay the cruise line $100, and they can pay the TA $20, netting them $80. Or I can pay the cruise line $80 and the TA $20. Either scenario works out that I paid $100 for my cruise, the cruise line kept $80 of it and my TA got paid $20 for their efforts.

[Tapi]

This happens. I remember a post from someone who booked a Carnival cruise for $48 but the real price was $480 which was corrected on their website a few minutes later. But for that brief period of time, the OP booked the cruise only to get an email from Carnival letting them now that the lower price was a computer glitch so the reservation would be canceled. Nothing that the OP could do but to accept the real price or cancel.

 

 

Sent from my iPhone using Forums

[SantaFeFan]

Why would I need to find another TA? I'm very happy with my TA! The fee they charge is their commission. Paid by me, and allowed by the cruise line to be deducted from their fare. Same as everybody that uses a TA, I'd guess. The actual manner in which the funds get paid and received seems of little consequence just so long as everybody gets what they are owed.

 

No TA I have ever used asked for a separate charge for their commission. The commission, if any, has ALWAYS come from the cruise line, not me, and I am not privy to it's amount. That amount is between the cruise line and the TA, and is none of my business. If you paid the TA directly, then is it a fee they are charging you - not a commission. Traditional commission are always paid by the party receiving the funds of the sale, not the party making the purchase. Same as when buying a car. You don't pay the sales person a commission out of your pocket with a separate payment. The car manufacturer does after the sale is completed.

 

But they pay it out of the money that I pay them, right? Let's see if I can explain this. Say my cruise costs $100. The TA's commission is $20. I can pay the cruise line $100, and they can pay the TA $20, netting them $80. Or I can pay the cruise line $80 and the TA $20. Either scenario works out that I paid $100 for my cruise, the cruise line kept $80 of it and my TA got paid $20 for their efforts.

 

 

If you want to do business with a TA that handles their commission in this way, you have every right to do so. But, I would never work with a TA that does this. It seems as if they may be doing some backroom money handling techniques. It just doesn't feel right. That you have already encountered serious issues with the accuracy of the fares they quote on their ads, I would be suspicious with everything else they do.

Edited June 7, 2017 by SantaFeFan

[Aquahound]

But they pay it out of the money that I pay them, right? Let's see if I can explain this. Say my cruise costs $100. The TA's commission is $20. I can pay the cruise line $100, and they can pay the TA $20, netting them $80. Or I can pay the cruise line $80 and the TA $20. Either scenario works out that I paid $100 for my cruise, the cruise line kept $80 of it and my TA got paid $20 for their efforts.

 

 

That still doesn't make sense because the cruise line is not going to let you get away with paying less than the full cruise fare, so that you can pay your TA separately. And as far as I know, they don't allow TAs to work that way either. The cruise line still has to collect full fare first....then they pay the TA. (perhaps someone more experienced in that field can confirm or correct me).

 

I agree with SantaFeFan ref the backroom money handling. That sounds to me like your TA is getting a bigger deal on the cruise than what they are passing to you. You think you're still paying the same amount, but the TA is collecting from you directly on what should be your discount.

[julie3fan]

No TA I have ever used asked for a separate charge for their commission. The commission, if any, has ALWAYS come from the cruise line, not me, and I am not privy to it's amount. That amount is between the cruise line and the TA, and is none of my business. If you paid the TA directly, then is it a fee they are charging you - not a commission. Traditional commission are always paid by the party receiving the funds of the sale, not the party making the purchase. Same as when buying a car. You don't pay the sales person a commission out of your pocket with a separate payment. The car manufacturer does after the sale is completed.

 

 

 

 

If you want to do business with a TA that handles their commission in this way, you have every right to do so. But, I would never work with a TA that does this. It seems as if they may be doing some backroom money handling techniques. It just doesn't feel right. That you have already encountered serious issues with the accuracy of the fares they quote on their ads, I would be suspicious with everything else they do.

 

Umm, I try to live by the motto "Never say never" which is also like "Never say always". Just because one person hasn't experienced something doesn't mean it doesn't happen.

 

I never said I've encountered any issues, serious or otherwise, with my TA and their fares. That was another poster, like maybe the OP.

 

You don't know me, but you might extend the slightest courtesy to me and presume I'm smart enough to dump a TA that I've had serious issues with. I love all the perks my TA extends to me, including the $1,000 vacation cash that was credited to my account just yesterday. I'll have no problem spending it on one of my booked cruises that still has a balance due.

[julie3fan]

That still doesn't make sense because the cruise line is not going to let you get away with paying less than the full cruise fare, so that you can pay your TA separately. And as far as I know, they don't allow TAs to work that way either. The cruise line still has to collect full fare first....then they pay the TA. (perhaps someone more experienced in that field can confirm or correct me).

 

I agree with SantaFeFan ref the backroom money handling. That sounds to me like your TA is getting a bigger deal on the cruise than what they are passing to you. You think you're still paying the same amount, but the TA is collecting from you directly on what should be your discount.

 

Well, the amount I pay has always been the amount the cruise line deems sufficient for me to board the ship. I'm happy with the fare I pay, or I wouldn't pay it.

 

Since nobody has stepped forward and identified themselves as a travel agent and actually KNOWS how things work, everybody is just hypothesizing. I just stated the way things work between me and my TA.

 

To the OP, sorry your thread got hijacked. It's a shame the pricing error occured and you thought you were getting the deal of the century. I hope you end up with a cruise you want at a fare you're comfortable with.

[Cruzaholic41]

Since nobody has stepped forward and identified themselves as a travel agent and actually KNOWS how things work, everybody is just hypothesizing. I just stated the way things work between me and my TA.

 

I'm a former partner of an online cruise travel agency so I can tell you first hand, if you are paying any money directly to your TA, you're paying more than necessary. Some agencies do charge fees or surcharges on top of the cruise price, but this is not common. In fact, many have stopped doing so because it's so rare nowadays. Your TA gets paid when the cruise line cuts them their commission check. Period. Your TA cannot reduce the final amount to the cruise line to cover their commission.

[bUU]

Since nobody has stepped forward and identified themselves as a travel agent and actually KNOWS how things work, everybody is just hypothesizing.

I would rely on what a self-styled travel agent would tell me about their commission as much as I would rely on what a used car salesman would tell me about their commission.

[CruiseGal999]

I'm suspect because the OP has NOT given enough info. to source the problems origin. After several requests, from several CC posters, the OP hasn't explained the problem fully. What cabin? Owner's suite? What was the sale price and how low was it that a $6000 increase seemed reasonable to SOMEONE. What travel agent/agency? I would like to know more about the details. Was the sale price advertised at $600? You could easily see that perhaps it was a typo and should have been $6000 to begin with.

[SantaFeFan]

Umm, I try to live by the motto "Never say never" which is also like "Never say always". Just because one person hasn't experienced something doesn't mean it doesn't happen.

 

I never said I've encountered any issues, serious or otherwise, with my TA and their fares. That was another poster, like maybe the OP.

 

You don't know me, but you might extend the slightest courtesy to me and presume I'm smart enough to dump a TA that I've had serious issues with. I love all the perks my TA extends to me, including the $1,000 vacation cash that was credited to my account just yesterday. I'll have no problem spending it on one of my booked cruises that still has a balance due.

 

You are quite right, I mixed you and the OP up. You and your TA aren't the ones with the $6,000 additional fare demand. My apologies.

 

But I still stand by concern about separately billing the commission to you. It is unusual, as I and other posters have remarked.

[julie3fan]

You are quite right, I mixed you and the OP up. You and your TA aren't the ones with the $6,000 additional fare demand. My apologies.

 

But I still stand by concern about separately billing the commission to you. It is unusual, as I and other posters have remarked.

 

Thanks for the apology. I'll concede to unusual. I never claimed it to be the norm, as I've never dealt with any other TA. I have no reason to not believe my TA when he tells me that the payment to them is their commission, but on the other hand I can't firmly state something to be factual if I don't see it with my own 2 eyes. I learn a lot here on CC, and I just hope it's all truthful so I don't go down a wrong path.

[sfaaa]

. I'm surprised to hear the commission only gets paid after final payment. Now THAT seems odd. I would have though they'd get paid at the time the service was provided, just like when you or I work. I would hate to wait a year or better for my paycheck for work I did today!

 

No firm sale, no commission. Applies to every industry.

[njmomof2]

As an agent, I get paid after the client has sailed on their cruise. Until that time, the commission is not considered earned. Even if the client cancels inside of final payment, I may not get paid. Depends on what the cruise line has to refund.

 

I have never asked a client to pay me my commission and the cruise line net cost. I can look at any invoice and see the net and gross amounts, and if I paid the cruise line the net, there would be no commission payment to me for that booking.

 

However, here is my question...have you ever cancelled a booking that you made and paid in this fashion? Does your agent refund you the amount you paid to them? Do you pay the standard deposit, and then when final comes, you pay 2 balances...one to the line and one to the agent? This to me is a way for your agent to get your money 75-90 days before the line would normally pay it.

 

But you made a comment about booking 665 days out and you can't imagine the agent waiting that long to get their money. Do you pay in full at that point? If your price drops between your full payment date and the cruise line payment date, how does your agent handle that? Because as the price drops, so does the commission, so realistically, your agent should be giving you money back.

 

I just cannot imagine handling my business in such a fashion. It's not fun to have to wait for payments, especially if we were to book someone 665 days in advance, and then for months after, work to reprice when prices dropped, get a new sale offer, do different work on the booking, only to have the client cancel before final and we earn nothing. It's the nature of the business and the reason some agents charge a change or cancellation fee.

 

I think we're one of the few remaining businesses where we actually do work for free in many instances (think of all the time we might spend doing research for a client on different ships and itineraries, or all inclusive vs. American plan hotels, that sort of thing, only to have the client either change their mind and not book or take our research and pricing and go elsewhere to get someone else to undercut our prices).

[julie3fan]

Thanks for the insider input, njmomof2. I have never cancelled a booking, ever. I've also never had a price reduction - seems like I book popular cruises that sell out and only increase in price. I usually have a deposit certificate to use for my down pymt., and when I do make final pymt, the entire amount gets paid to the cruise line. This is usually at the 90 day mark.

 

Part of my problem in general is that I try to think of things logically, and I keep learning (sometimes the hard way) that not all things are logical! But in absence of firm knowledge, it's human nature to try and figure things out using past knowledge and experience. ☺

[Husky61]

The question here is very complex. We really don't have enough information to give an answer. Some things that I would like to know include:

 

Who ran the ad?

Who was the deposit paid to?

 

My guess is that the error lies not with HAL, but with the TA.

 

The real question is not if you have enough information to answer the question, the question is do you have the legal background to answer the question correctly?:)

[bUU]

No the real question really is whether we have enough factual information to answer the question. Even the most brilliant lawyer cannot make an authoritative statement without the facts of the matter.

 

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