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

[Husky61]

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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How many of you are brilliant lawyers that can answer the question with factual information?:D

[sail7seas]

What is the current status of the reservation/ H as it been reinstated?

[iamcruisingagain]

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.

 

The deposit was $442. I knew 24 EA was a service fee. When I checked my credit card there were 2 credits 200.00 HAL and 242.00 to the online agency. Did u ever have a situation like this and have to call the passenger 6 days later to tell them they are canceled because the price was not correct and ran for 2 days. You can keep the reservation. If you pay an add 6000. And HAL is willing to throw in a dine around pkg

[cherylandtk]

Iamcruisingagain--before this gets any crazier with speculation (than it already has) pls. correct the amounts above...I think you meant to say you paid two deposits of $200 each (both to HAL) and a booking fee of $42 to your TA, Correct?

 

It has been long established that cruiselines can correct any outrageous errors in ads. What we do not know yet is how outrageous your price was, or if it was a cruiseline error or a TA error. As asked earlier:

-what category of room, and for how long and for what wrongly advertised price?

-Do you know if this was a TA sale or a HAL sale? (Sounds so far like an 'exclusive' to this TA). Pls clarify if you know.

 

Answering those questions will get you better answers as to IF there is anything worth pursuing.

 

ETA-in looking at your other posts, I am guessing this is the 12/18 Prinsendam in an A Cat. Vista suite. The publicly available price for that since last December has been $4819 pp plus tax/fees. A $6000 error would have meant you were offered this cabin at $1819 pp, for a 16 day cruise. Is that about right?

Edited June 8, 2017 by cherylandtk
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[navybankerteacher]

Iamcruisingagain--before this gets any crazier with speculation (than it already has) pls. correct the amounts above...I think you meant to say you paid two deposits of $200 each (both to HAL) and a booking fee of $42 to your TA, Correct?

 

It has been long established that cruiselines can correct any outrageous errors in ads. What we do not know yet is how outrageous your price was, or if it was a cruiseline error or a TA error. As asked earlier:

-what category of room, and for how long and for what wrongly advertised price?

-Do you know if this was a TA sale or a HAL sale? (Sounds so far like an 'exclusive' to this TA). Pls clarify if you know.

 

Answering those questions will get you better answers as to IF there is anything worth pursuing.

 

If OP was refunded his deposit, what would there be to pursue: other than compensation for disappointment? Not exactly real damages - just loss of the opportunity to take advantage of another party's error: at serious financial cost to that other party.

[cherylandtk]

That's why I said IF, and I missed seeing where the booking was canceled, but the time limit has expired, so it may have been automatically canceled. OP can explain if they want.

[sanger727]

I've never experienced anything like this and find it hard to believe. Really curious what price HAL showed when OP booked. If I saw a TA running an ad for a cruise that was $6,000 less than the going rate I'd immediately be suspicious. I have been on the positive side of a large short term sale. Booked my next celebrity cruise during a sale and shortly after the price was raised by $1,700 pp. and yes, I'd be horribly upset if they refused to honor that price after I had a paid a deposit.

 

 

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[bUU]

Really curious what price HAL showed when OP booked.

If whogo's guess was correct, then what the cruise line shows now is what the cruise line showed then, as least for the first passenger. None of the categories aboard that sailing have had their first-passenger fares change yet. The second passenger fare has varied a bit, but none by $6000. The Pinnacle Suite has varied by that much, but is now down to its lowest fare.

[dsrdsrdsr]

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.

In the UK at least, "real property" means land and buildings, essentially. In normal contracts such as cruise holidays, anything agreed verbally is just as much part of the contract as what is in writing, though obviously it's harder to prove.

[bUU]

In the UK at least, "real property" means land and buildings, essentially.

Please try to read comments in thread order. This is what I was replying to:

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?

[dsrdsrdsr]

Please try to read comments in thread order. This is what I was replying to:

Sorry, hadn't realised we'd gone off topic.

[bUU]

I don't think that was navybankerteacher's intent. It was an attempt at an analogy, but it didn't work because the law pertaining to real estate is so different.

 

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[BallFour4]

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.

 

 

After fifteen years on Cruise Critic I've seen a dozen or so answers that nail it with a two sentence answer. This is one excellent example.

Only later in this thread did we learn a travel agent was involved.

There's more to this than we've seen.

 

.

[julie3fan]

Only later in this thread did we learn a travel agent was involved.

There's more to this than we've seen.

 

.

 

The OP said in the first sentence that the cruise was booked with an online company. Seems like maybe that's just another word for travel agent?

[BallFour4]

The OP said in the first sentence that the cruise was booked with an online company. Seems like maybe that's just another word for travel agent?

 

Might be. Still hard to figure.

 

 

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