You Won't Believe NCL's New Contract Waivers

[cruiser4801]

Wow.  NCL just this month changed their terms of contract for cruise voyages.  You won't believe all the things they now disclaim and waive all liability for and, instead, place it on the customer.  

 

Their pre-Coronavirus terms and conditions used to read:

 

7 CANCELLATION IN EXTREME CIRCUMSTANCES 7.1 Cancellation prior to the date of travel Should travel be largely hindered, endangered or affected due to a force majeure event (e.g. through war, domestic turbulence, natural disasters, epidemic outbreaks, government authority measures, e.g. accommodation or transport embargos, ship loss or other similar incidents) which were not predictable at the time of conclusion of the contract, then both the guest and Norwegian may cancel the contract. Norwegian will refund the travel costs immediately.

 

That means they have an obligation to promptly refund your money after their cancellations due to the Coronavirus outbreak.  Not 90 days to get a refund.

 

 

Now, beginning in April 2020, their cruise contract reads:

 

the Guest therefore assumes the risk of and releases the Carrier from any injury, loss, or damage whatsoever arising from, caused by, or in the judgment of the Carrier or Master rendered necessary or advisable by reason of: any act of God or public enemies; force majeure; arrest; restraints of governments or their departments or under color of law; piracy; war; revolution; extortion; terrorist actions or threats; hijacking; bombing; threatened or actual rebellion, insurrection, or civil strife; fire, explosion, collision, stranding or grounding; weather conditions; docking or anchoring difficulty; congestion; perils of the sea, rivers, canals, locks or other waters; perils of navigation of any kind; lack of water or passageway in canals; theft; accident to or from machinery, boilers, or latent defects (even though existing at embarkation or commencement of voyages); barratry; desertion or revolt of the crew; seizure of ship by legal process; strike, lockout or labor disturbance (regardless whether such strike, lockout or labor disturbance results from a dispute between the Carrier and its employees or any other parties); or from losses of any kind beyond the Carrier's control. Under any such circumstances the voyage may be altered, shortened, lengthened, or cancelled in whole or part without liability to the Carrier for a refund or otherwise.

 

Can you imagine this.  The passenger is now responsible in the event of an act of God that shortens or cancels a cruise.  Passengers are now responsible for wars and terrorist acts that shorten or cancel a cruise.

 

NCL's new cruise contract is CRAZY.  What passenger in their right mind would ever  agree to such terms and conditions.

 

NCL must think they have a product that is so good that people want it even under those conditions.

 

WRONG.  NCL is contracting itself out of existence.

 

Through their own actions, NCL will go out of business. 

 

[ColeThornton]

 

3 minutes ago, cruiser4801 said:

NCL's new cruise contract is CRAZY.  What passenger in their right mind would ever  agree to such terms and conditions.

 

LOL..only a very few diehards read that stuff before booking a cruise.  Heck, people barely read the FAQ's on the home page.

[Two Wheels Only]

21 minutes ago, cruiser4801 said:

...desertion or revolt of the crew...

 

They're just trying to make sure that guests pay the DSC. 

[david_sobe]

19 minutes ago, ColeThornton said:

 

 

LOL..only a very few diehards read that stuff before booking a cruise.  Heck, people barely read the FAQ's on the home page.

Well then why do so many people flame others when they point this out after their cruise.  There is a long list of people here that yell "Its in the contract"  "Read people!"  Blah blah blah

You cant have it both ways and flame people for reading and alerting customers and flame those that don't read the contract.

Edited April 18, 2020 by david_sobe

[ColeThornton]

2 minutes ago, david_sobe said:

Well then why do so many people flame others when they point this out after their cruise.  There is a long list of people here that yell "Its in the contract"  "Read people!"  Blah blah blah

You cant have it both ways and flame people for reading and alerting customers and flame those that don't read the contract.

 

Not sure how you got what I said as flaming the OP.  I'm not flaming the OP,  you're taking my comment wrong.  I'm merely stating how it works around here.   I don't disagree with your point about people who point out the contracts.

[luv2kroooz]

Well, as with anything, there has to be balance. Most of the cruises begin and end successfully.

 

Second, NCL generally has a responsibility to operate sailings in a non negligent way. If the captain sails directly and deliberately into a Cat 5 hurricane or crashes into a rock formation after having too many vodka/tonics, he or she could be found negligent. They knew or should have known better and negligence generally can not be disclaimed.

 

That said, we know from past behavior NCL is very clingy to the terms and conditions of their contract. It is advisable to purchase good travel insurance when traveling. If you choose to sail NCL, I think good travel insurance is a requirement. They couldn't care less about their guests, I mean passengers/cargo, so factor insurance into the price of your cruise when comparing NCL to the competition.

[ellasmomanddad]

16 minutes ago, blcruising said:

If the captain sails directly and deliberately into a Cat 5 hurricane

It’s happened to me on the Dawn In 2016 they offered 250 fcc. I’m the stupid one who signed up again. I didn’t take the fcc for the record. 

[david_sobe]

1 hour ago, ColeThornton said:

 

Not sure how you got what I said as flaming the OP.  I'm not flaming the OP,  you're taking my comment wrong.  I'm merely stating how it works around here.   I don't disagree with your point about people who point out the contracts.

  "Then why do so many"  is my quote.  Not you personally

[manorf]

This won't be in the UK version of NCL t+c's.

If it was - then the unfair terms in consumer contracts regulations would render it 'not being worth the paper they're written on'.

[shof515]

this is why you need travel insurance..if the cruise line refuses to give you a refund, then a claim with the insurance company

[mianmike]

38 minutes ago, shof515 said:

this is why you need travel insurance..if the cruise line refuses to give you a refund, then a claim with the insurance company

 

Industrial strength travel insurance.  

[realnice46]

5 hours ago, blcruising said:

Well, as with anything, there has to be balance. Most of the cruises begin and end successfully.

 

Second, NCL generally has a responsibility to operate sailings in a non negligent way. If the captain sails directly and deliberately into a Cat 5 hurricane or crashes into a rock formation after having too many vodka/tonics, he or she could be found negligent. They knew or should have known better and negligence generally can not be disclaimed.

 

That said, we know from past behavior NCL is very clingy to the terms and conditions of their contract. It is advisable to purchase good travel insurance when traveling. If you choose to sail NCL, I think good travel insurance is a requirement. They couldn't care less about their guests, I mean passengers/cargo, so factor insurance into the price of your cruise when comparing NCL to the competition.

Correct me if I am wrong but from what I have seen travel insurance doesn’t cover any of those things either. I just recently looked at a travel insurance website and there were a lot of disclaimers. 

[ohioNCLcruiser]

Damn that is wild! I would love to hear them try to defend some of these unlikely events to the media. 

[All-ready2cruise]

Kind of funny that today, my "new" PCC called me to introduce himself apparently.  He's the 3rd PCC since I started cruising in 2012. I decided to mention the new Guest Ticket Contract to him and let him know I will not agreeing to it.  He had no idea of course so I sent him the link.  Interesting read if you're a lawyer I guess. Lot of mumbo jumbo to me. Yikes. 

 

 

https://www.ncl.com/sites/default/files/NCL_Guest_Ticket_Contract_041818.pdf

[Travelling2Some]

41 minutes ago, realnice46 said:

Correct me if I am wrong but from what I have seen travel insurance doesn’t cover any of those things either. I just recently looked at a travel insurance website and there were a lot of disclaimers. 

Yes, from what I've seen travel insurance disclaimers are almost as bad as NCL's new T&C.  I have been (very sadly) wondering if the inability insure oneself adequately at a reasonable price will be part of the new normal.  That could really put a dent in my wanderlust.    

[JT1962]

Correct me if I am wrong but from what I have seen travel insurance doesn’t cover any of those things either. I just recently looked at a travel insurance website and there were a lot of disclaimers. 

You are correct. Most travel insurance will no longer cover issues related to the coronavirus because it is now a known event. This is from the InsureMyTrip.com website:


“Does Travel Insurance Cover Coronavirus?

On January 21, 2020, the Coronavirus disease 2019 (COVID-19) became a named event, which affects the travel insurance coverage available for new policies purchased.

For those purchasing travel insurance AFTER 1/21/2020 (exceptions may apply if traveling to a country with a Travel Health Notice issued by the CDC) benefits included in comprehensive coverage may apply in the following unforeseen scenarios:

Emergency Medical Coverage: a sick traveler must see a doctor and/or go to the hospital during a trip.
Emergency Medical Evacuation Coverage: in rare cases, a sick traveler requires an emergency medical evacuation to the nearest appropriate hospital or back home for recuperation.
Trip Interruption: an extremely sick traveler cannot continue with a trip and must return home.
Cancel For Any Reason: Currently, if you are looking for trip cancellation coverage because you are concerned about the coronavirus, you will now need to purchase a plan that includes Cancel For Any Reason since the travel warnings are now foreseen. This benefit is time-sensitive and has other eligibility requirements, so not all travelers will qualify.

Some plans may exclude epidemics/pandemics and may not provide coverage for related issues. Please be sure to read the plan details carefully before purchasing.

Remember that travel insurance helps to cover unexpected events. Similar to a weather event, once an event becomes a "known" event, it may not be a covered reason for cancellation if a traveler purchases insurance after that date. Trip Interruption and Cancel For Any Reason are not available to non-U.S. citizens/permanent residents.

For travelers who purchased a policy BEFORE 1/21/20 and need to make a claim or have questions about how your existing policy will cover you, please reach out to your insurance provider. Travelers can read further on how to file a travel insurance claim here.”

[Travelling2Some]

12 minutes ago, JT1962 said:

 

You are correct. Most travel insurance will no longer cover issues related to the coronavirus because it is now a known event.

Going forward, I would love to see government(s) require insurance companies to disclose, in plain language, what it is exactly that they are not covering.  COVID-19 may have been a "named event" to them but the general public had not heard about it yet and I find that a tad deceitful. I made final payment, bought airfare and paid for third party trip insurance (through Trip Advisor) only 6 days after it became a "named event" but it was not yet "a thing" anywhere outside of Wuhan.  I would have appreciated the heads up and opportunity to evaluate the situation before I chose an insurance policy.

Edited April 19, 2020 by Travelling2Some
typo

[realnice46]

3 hours ago, Travelling2Some said:

Yes, from what I've seen travel insurance disclaimers are almost as bad as NCL's new T&C.  I have been (very sadly) wondering if the inability insure oneself adequately at a reasonable price will be part of the new normal.  That could really put a dent in my wanderlust.    

I think a lot of these exceptions were already there before this. There were several posts earlier indicating insurance didn’t cover pandemics, acts of god etc.

[iamtrustworthy]

4 hours ago, realnice46 said:

Correct me if I am wrong but from what I have seen travel insurance doesn’t cover any of those things either. I just recently looked at a travel insurance website and there were a lot of disclaimers. 

Hi realnice,

 

Each trip cancellation policy has exclusions. It also has covered events. Just because something's not listed as an exclusions doesn't mean it's not covered.

 

For example, pandemics or epidemics.

 

None of the Trip Cancellation Travel Insurance plans I know exclude pandemics or epidemics.

 

The policy wording is precise and complicated at the same time. Even before the Coronavirus, there was an abundance of vague / misleading information about what a Trip Cancellation Travel Insurance plan covers. i.e. – not being excluded is different from being covered.

The Cancel For Any Reason covers you no matter when you buy it.

 

If pandemics or epidemics aren’t always excluded why are people getting surprised by their policy’s coverage?

 

For the most part, people are not cancelling their trips because there are illnesses in the world. There have always been serious illnesses in different places and most people have opted not to go to those places.

 

Instead, you’re likely being forced to change your travel plans due to any one or a combination of these common Travel Insurance Exclusions:

 

- A government regulation, mandate or prohibition
- Failure of any tour operator, common carrier, person or agency to provide the bargained-for travel arrangements. If a travel supplier changes the itinerary, but still gives you a similar trip or a future travel credit or waives the change fees, there’s no payable claim.
- Changes in plans by the Insured, a Family Member, or Traveling Companion, for any not-covered reason; unless the optional Cancel for Any Reason coverage was purchased.
- Fear, worry, concern about something that might happen on the trip. Be careful If your doctor’s suggesting you don’t take your trip. Don’t cancel for your Own medical reasons If you’re not ill or injured.

 

Q. Does a pre-departure government mandated quarantine meet the definition of a quarantine for a covered reason when the insured traveler(s) are not sick themselves?

 

A. The Stay at Home or Shelter in Place orders are not a quarantine. Of the government orders I’ve read, they all allow you to leave your home for groceries. A quarantine wouldn’t allow you to leave a particular room. The quarantine covered reason covers when an insured is ill and is quarantined. The insured must be quarantined due to a Sickness.

 

I hope all this made sense. If not, let me know.

 

Steve Dasseos

[Travelling2Some]

3 minutes ago, realnice46 said:

I think a lot of these exceptions were already there before this. There were several posts earlier indicating insurance didn’t cover pandemics, acts of god etc.

Very true.  But I worry that (like NCL's new contract terms) insurance policies may either become so restrictive that they are either hardly worth buying or prohibitively expensive as a reaction to this historic event.  We are a retired couple and our medical insurance only covers us in the USA.  I would hate to have to restrict myself to domestic travel.

[npcl]

4 hours ago, ohioNCLcruiser said:

Damn that is wild! I would love to hear them try to defend some of these unlikely events to the media. 

After keeping the crew on board, not paying them after their contracts ends, and not getting them home, maybe mutiny is a more likely possibility

[PATRLR]

"accident to or from machinery, boilers, or latent defects"

 

So we are leaving port, an azipod dies, Captain decides to cancel the cruise, heads back to port and disembarks everyone.  NCL is off the hook.  Wow. 

[njhorseman]

10 hours ago, All-ready2cruise said:

Kind of funny that today, my "new" PCC called me to introduce himself apparently.  He's the 3rd PCC since I started cruising in 2012. I decided to mention the new Guest Ticket Contract to him and let him know I will not agreeing to it.  He had no idea of course so I sent him the link.  Interesting read if you're a lawyer I guess. Lot of mumbo jumbo to me. Yikes. 

 

 

https://www.ncl.com/sites/default/files/NCL_Guest_Ticket_Contract_041818.pdf

That link is to the ticket contract dated 4/2018, not anything new.

If you fail to agree with the contract you will not be allowed to complete your check in process and you won't be allowed to cruise.

These types of contracts are called adhesion contracts  and are used throughout the business world. For example,  do you have any credit cards? If so you agreed to the card's contract by applying for the card and using it. Don't like your credit card's contract? Your only option is to discontinue using the card and cancelling it. 

[njhorseman]

16 hours ago, cruiser4801 said:

Wow.  NCL just this month changed their terms of contract for cruise voyages.  You won't believe all the things they now disclaim and waive all liability for and, instead, place it on the customer.  

 

Their pre-Coronavirus terms and conditions used to read:

 

7 CANCELLATION IN EXTREME CIRCUMSTANCES 7.1 Cancellation prior to the date of travel Should travel be largely hindered, endangered or affected due to a force majeure event (e.g. through war, domestic turbulence, natural disasters, epidemic outbreaks, government authority measures, e.g. accommodation or transport embargos, ship loss or other similar incidents) which were not predictable at the time of conclusion of the contract, then both the guest and Norwegian may cancel the contract. Norwegian will refund the travel costs immediately.

 

That means they have an obligation to promptly refund your money after their cancellations due to the Coronavirus outbreak.  Not 90 days to get a refund.

 

 

Now, beginning in April 2020, their cruise contract reads:

 

the Guest therefore assumes the risk of and releases the Carrier from any injury, loss, or damage whatsoever arising from, caused by, or in the judgment of the Carrier or Master rendered necessary or advisable by reason of: any act of God or public enemies; force majeure; arrest; restraints of governments or their departments or under color of law; piracy; war; revolution; extortion; terrorist actions or threats; hijacking; bombing; threatened or actual rebellion, insurrection, or civil strife; fire, explosion, collision, stranding or grounding; weather conditions; docking or anchoring difficulty; congestion; perils of the sea, rivers, canals, locks or other waters; perils of navigation of any kind; lack of water or passageway in canals; theft; accident to or from machinery, boilers, or latent defects (even though existing at embarkation or commencement of voyages); barratry; desertion or revolt of the crew; seizure of ship by legal process; strike, lockout or labor disturbance (regardless whether such strike, lockout or labor disturbance results from a dispute between the Carrier and its employees or any other parties); or from losses of any kind beyond the Carrier's control. Under any such circumstances the voyage may be altered, shortened, lengthened, or cancelled in whole or part without liability to the Carrier for a refund or otherwise.

 

Can you imagine this.  The passenger is now responsible in the event of an act of God that shortens or cancels a cruise.  Passengers are now responsible for wars and terrorist acts that shorten or cancel a cruise.

 

NCL's new cruise contract is CRAZY.  What passenger in their right mind would ever  agree to such terms and conditions.

 

NCL must think they have a product that is so good that people want it even under those conditions.

 

WRONG.  NCL is contracting itself out of existence.

 

Through their own actions, NCL will go out of business. 

 

Can you provide links to those contracts? I don't even see the provision you're citing as being in the current contract, much less what you're citing as being in the new contract.

[njhorseman]

1 hour ago, PATRLR said:

"accident to or from machinery, boilers, or latent defects"

 

So we are leaving port, an azipod dies, Captain decides to cancel the cruise, heads back to port and disembarks everyone.  NCL is off the hook.  Wow. 

Nope. NCL is a member of CLIA and as a result you are covered by the Cruise Line Industry Passenger Bill of Rights, which guarantees a refund of your fare under those circumstances. A link to that Bill Of Rights can be found by scrolling down to the bottom of the ncl.com home page.