jake 26 Posted September 29, 2017 #101 Share Posted September 29, 2017 Again, the T&Cs everybody signs up to are relevant: "No consequential costs or expenses or loss of profits will be payable." (clause 42). This clause too may be unfair, but the starting position is that passengers have agreed to it.Of course, I agree that while P&O's position may be defensible legally, their actions will have upset some customers (although a relatively small number, I suspect, which may be part of their calculations) and it would be good if they made recompense in some way. I think a court would challenge the fairness of clause 42 because it is a statement of intent that is clearly biased in favour of P&O. The customer did agree to it when they booked because in booking they accept the T&Cs. However, as has been previously stated, the customer was unable to negotiate the T&Cs so those T&Cs must be balanced and fair to both sides equally, as per the Consumer Rights Act 2015. If they are judged to be unfair then they are deemed to be invalid. Link to comment Share on other sites More sharing options...
Teddy123 Posted September 29, 2017 #102 Share Posted September 29, 2017 Well, I wouldn't want to spend time and money challenging a "no consequential loss" clause because I see them everywhere. But if somebody who has suffered from P&O's actions here wants to have a go, they might do us all a favour! Link to comment Share on other sites More sharing options...
grapau27 Posted September 29, 2017 #103 Share Posted September 29, 2017 Well, I wouldn't want to spend time and money challenging a "no consequential loss" clause because I see them everywhere. But if somebody who has suffered from P&O's actions here wants to have a go, they might do us all a favour! What if you had a booking on Adonia? Would you still wait for someone else to challenge P&O for you?. Link to comment Share on other sites More sharing options...
Rare Eglesbrech Posted September 29, 2017 #104 Share Posted September 29, 2017 What astounds me in all of this is how P &O have managed to avoid bad press. Has anyone seen anything in the news about it? The "court" of public opinion would I suspect have every sympathy for the passengers in this situation. Ryan Air has not been out of the press all week and the situations are not much different, big business just cancels and tough luck to the consumer. For those affected there is perhaps more than one way to hit back. Link to comment Share on other sites More sharing options...
Earnie Posted September 29, 2017 #105 Share Posted September 29, 2017 The reason that there is little in the press about this could well be the demographics of the people who are loosing out here. The Ryanair demographic are potentially more vocal on social media etc which then gets picked up by the on line papers and subsequently more press. Is there anything on twitter about the Adonia? Is anyone affected really active on social media? Has anyone done any lobbying on the issue? this forum is about the only place that I have found any comments at all and it is highly unlikely that it is going to get picked up by the press unless people start drawing it to the attention of the travel pundits who have a voice and it may then get noticed. There are potentially up to 20,000 people who could be affected, that's not a small amount. Link to comment Share on other sites More sharing options...
Teddy123 Posted September 29, 2017 #106 Share Posted September 29, 2017 The reason that there is little in the press about this could well be the demographics of the people who are loosing out here. The Ryanair demographic are potentially more vocal on social media etc which then gets picked up by the on line papers and subsequently more press. Is there anything on twitter about the Adonia? Is anyone affected really active on social media? Has anyone done any lobbying on the issue? this forum is about the only place that I have found any comments at all and it is highly unlikely that it is going to get picked up by the press unless people start drawing it to the attention of the travel pundits who have a voice and it may then get noticed. There are potentially up to 20,000 people who could be affected, that's not a small amount. I think it is perhaps more about simple numbers. According to a post here, P&O have cancelled 38 cruises and perhaps at this stage there have been 200 people booked on each (that's over a quarter of the full capacity so probably an overestimate). So 8,000 people. Ryanair have reportedly had 700,000 affected - 100 times as many. Also, cruise passengers are probably not seen by the media as "victims" as much as passengers on a budget airline. Further, Ryanair have clearly broken rules that P&O have not. It's unfortunate for those affected, but I think the hard fact is nobody in the media is going to get excited about it. Link to comment Share on other sites More sharing options...
joro44 Posted September 29, 2017 #107 Share Posted September 29, 2017 It is worth considering that to my limited knowledge, the Courts have not had to hear a claim and thus set a precedent, as cruise lines have settled before a case has come to Court to avoid a judicial decision on their t&c's. Link to comment Share on other sites More sharing options...
Teddy123 Posted September 29, 2017 #108 Share Posted September 29, 2017 What if you had a booking on Adonia? Would you still wait for someone else to challenge P&O for you?. This is a complete misrepresentation of what I said and posts like this are not helpful. Link to comment Share on other sites More sharing options...
grapau27 Posted September 30, 2017 #109 Share Posted September 30, 2017 I think it is perhaps more about simple numbers. According to a post here, P&O have cancelled 38 cruises and perhaps at this stage there have been 200 people booked on each (that's over a quarter of the full capacity so probably an overestimate). So 8,000 people. Ryanair have reportedly had 700,000 affected - 100 times as many. Also, cruise passengers are probably not seen by the media as "victims" as much as passengers on a budget airline. Further, Ryanair have clearly broken rules that P&O have not. It's unfortunate for those affected, but I think the hard fact is nobody in the media is going to get excited about it. Good reasoning. Link to comment Share on other sites More sharing options...
grapau27 Posted September 30, 2017 #110 Share Posted September 30, 2017 This is a complete misrepresentation of what I said and posts like this are not helpful. Why,seemed a reasonable question. Link to comment Share on other sites More sharing options...
NSWP Posted October 1, 2017 #111 Share Posted October 1, 2017 I am not on Face Ache, I mean FB, but I hear it is going ballistic re Adonia sale and cancellation of cruises.:rolleyes: I hope the Adonia crew get re deployed across the Carnival Corp Fleet.:halo: Many from Mumbai, India, well a lot of the Cabin Stewards, MDR Stewards, Lido staff etc. Great people for most of whom it was a struggle to gain employment on the ships. I hope P&O looks after them.:halo: Link to comment Share on other sites More sharing options...
grapau27 Posted October 1, 2017 #112 Share Posted October 1, 2017 I think it is perhaps more about simple numbers. According to a post here, P&O have cancelled 38 cruises and perhaps at this stage there have been 200 people booked on each (that's over a quarter of the full capacity so probably an overestimate). So 8,000 people. Ryanair have reportedly had 700,000 affected - 100 times as many. Also, cruise passengers are probably not seen by the media as "victims" as much as passengers on a budget airline. Further, Ryanair have clearly broken rules that P&O have not. It's unfortunate for those affected, but I think the hard fact is nobody in the media is going to get excited about it. P&O will keep trading after this because they do a lot of things right. I wonder what Ryanairs future is after all this bad publicity?. Link to comment Share on other sites More sharing options...
Rare Eglesbrech Posted October 1, 2017 #113 Share Posted October 1, 2017 The thing about publicity, good or bad, is that it only matters if it hits the target audience. You can have reems of news print but it means nothing if it doesn't reach and inform the paying passenger. I agree with Teddy123 that the sheer weight of numbers has put Ryan Air into the limelight and that cruise passengers are less likely to get any sympathy from the main stream media. The news re Adonia, the way it has been handled and the customer perspective is however beginning to bubble up where it matters - on cruise boards like this, travel agent sites and social media where cruisers congregate. It is hitting the target audience. Anyone on here or these other places is now fully aware that P &O can and will just cancel your cruise if they want to (and mislead customers with reassurance that they are not doing so right up until the announcement is made). You will be left to pick up the cost of any consequential loss eg booked flights and hotels. You will also lose any early booking perks such as OBC or parking. A lot of those affected are also saying that the cost of replacement cruises is much higher and for those who need a particular cabin eg single or adapted for disability, they are just not available to rebook. On a number of sites P&O are being referred to as the Ryan Air of cruising, not a comparison that they would be happy with I suspect and perhaps just a little unfair. P&O have shown no concern for their passengers, it is to be hoped, as others have said, that they treat their crew with a great deal more care. Not doing so would be the real scandel of this debacle. Link to comment Share on other sites More sharing options...
grapau27 Posted October 1, 2017 #114 Share Posted October 1, 2017 The thing about publicity, good or bad, is that it only matters if it hits the target audience. You can have reems of news print but it means nothing if it doesn't reach and inform the paying passenger. I agree with Teddy123 that the sheer weight of numbers has put Ryan Air into the limelight and that cruise passengers are less likely to get any sympathy from the main stream media. The news re Adonia, the way it has been handled and the customer perspective is however beginning to bubble up where it matters - on cruise boards like this, travel agent sites and social media where cruisers congregate. It is hitting the target audience. Anyone on here or these other places is now fully aware that P &O can and will just cancel your cruise if they want to (and mislead customers with reassurance that they are not doing so right up until the announcement is made). You will be left to pick up the cost of any consequential loss eg booked flights and hotels. You will also lose any early booking perks such as OBC or parking. A lot of those affected are also saying that the cost of replacement cruises is much higher and for those who need a particular cabin eg single or adapted for disability, they are just not available to rebook. On a number of sites P&O are being referred to as the Ryan Air of cruising, not a comparison that they would be happy with I suspect and perhaps just a little unfair. P&O have shown no concern for their passengers, it is to be hoped, as others have said, that they treat their crew with a great deal more care. Not doing so would be the real scandel of this debacle. Very interesting post and i believe P&O have created their own mess and anyone who books early must be apprehensive. Link to comment Share on other sites More sharing options...
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