MSC Refusing to Refund YC Deposits on Grandiosa Baltic Cruises Switched to Fjords

[alistairg]

I have three YC cabins booked on the Grandiosa in July.

 

First they cancelled the St. Petersburg stop, as expected.

 

Now they have changed the cruises to the Fjords.

 

We decided that we would just cruise in the Med instead.

 

MSC are refusing to refund the deposits, despite the enormous change to the itinerary. We would accept FCC as we have another cruise booked with them for Feb 23.

[Markanddonna]

2 hours ago, alistairg said:

I have three YC cabins booked on the Grandiosa in July.

 

First they cancelled the St. Petersburg stop, as expected.

 

Now they have changed the cruises to the Fjords.

 

We decided that we would just cruise in the Med instead.

 

MSC are refusing to refund the deposits, despite the enormous change to the itinerary. We would accept FCC as we have another cruise booked with them for Feb 23.

That's one of the little acknowledged issues on all cruise lines. They can change the entire itinerary and the passenger has to deal with it. Can yo ask for a cruise move?

[pghflyer]

Yikes, that is pretty harsh, I mean those are not the same cruises at all.  Like if I booked British Isles and they cancelled London and then moved to only hit Spanish ports. I heard a rumor MSC was trying to buy an airline, so maybe you book a flight to NYC and they land you in Pittsburgh? 

[alistairg]

6 hours ago, Markanddonna said:

That's one of the little acknowledged issues on all cruise lines. They can change the entire itinerary and the passenger has to deal with it. Can yo ask for a cruise move?

Whether or not these contract clauses would stand up in court is debatable. It is unlikely that they would stand up in the EU under unfair contract terms legislation, I live in the EU but the cruise was booked in the US. Changing one port is likely OK, changing the entire cruise could be deemed a different matter.

 

We already have another cruise booked with them so are quite happy to have the money credited against that. Looking at their T&Cs it seems like they would credit it against a new booking, it makes no mention of existing future bookings.

 

Irrespective of what any company wants to put in their T&Cs, most know that if they are not reasonable then it is bad for business.

 

The MSC flexible booking policy due to COVID should also allow me to cancel the booking and credit it against another cruise.

 

My TA continues to be in discussion with them.

 

There is also the possibility of raising a dispute with the bank.

[Homosassa]

6 hours ago, alistairg said:

 

 

 

 

The MSC flexible booking policy due to COVID should also allow me to cancel the booking and credit it against another cruise.

 

 

Unsure why the policy for a world wide pandemic (Covid) would be the same for  military actions?

[alistairg]

Because the policy allows any booking to be changed. It doesn’t specify reasons. Even if you just changed your mind you could use this policy at the moment.

[Flipchild32]

Reading the MSC Terms & Conditions (14. BOOKING CHANGES EFFECTED BY THE COMPANY
)

 

" BOOKING CHANGES EFFECTED BY THE COMPANY
Arrangements for the Cruise Package are made many months in advance by the Company. The Company expressly reserves the right to change the arrangements for the Cruise package, should such changes become necessary or advisable for operational, commercial or safety reasons. Changes to one or more ports on the vessel’s scheduled itinerary may occur from time to time for a variety of reasons including but not limited to storms or hurricanes, rescue of others at sea, medical emergencies requiring vessel diversion, strikes or civil disruption or medical quarantine ashore. Changes to one or more ports shall not be considered a booking change under this Section.

In the event of a significant alteration to an essential term of the Contract, the Company will inform the Passenger or the Passenger’s Travel Agent of such change in writing as soon as reasonably possible. In such circumstances, the Passenger will be offered the choice of (a) accepting the alteration; (b) booking another Cruise package from the Company’s brochure and/or from the Official Website of equivalent quality, if available; or (c) booking another Cruise package from the Company’s brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price."

 

Now it does mention that YC deposits are non-refundable, but it doesn't say that it can't be transferred to another. I am also not a lawyer, but just reading it.

[alistairg]

Thanks, I discussed exactly this with my TA, they could easily apply the money to the other booking that we have.

 

If people want to go by the letter of the MSC contract, they have not informed us now of two changes to the itinerary. So they are in breach of their own contract.

 

The reality of contracts is that they can only be fully tested in court should people wish to go to the hassle of doing so. This is even more difficult with cruise lines due to the number of jurisdictions normally involved.

[Flipchild32]

2 hours ago, alistairg said:

Thanks, I discussed exactly this with my TA, they could easily apply the money to the other booking that we have.

 

If people want to go by the letter of the MSC contract, they have not informed us now of two changes to the itinerary. So they are in breach of their own contract.

 

The reality of contracts is that they can only be fully tested in court should people wish to go to the hassle of doing so. This is even more difficult with cruise lines due to the number of jurisdictions normally involved.

 

I totally understand.. Just was looking at it and wasn't sure. I figured you'd probably read it or knew of it. At times I find it interesting what they put into the fine print, but other times I know they probably have little things I missed to put it in favor of them.

[alistairg]

Someone else posted the two emails that they received from MSC re being able to cancel due to the changes. We have not received either.

 

Once they were shown these, MSC agreed to cancel and refund the deposits.

[mscdivina2016]

On 3/22/2022 at 11:25 AM, alistairg said:

Thanks, I discussed exactly this with my TA, they could easily apply the money to the other booking that we have.

 

If people want to go by the letter of the MSC contract, they have not informed us now of two changes to the itinerary. So they are in breach of their own contract.

 

The reality of contracts is that they can only be fully tested in court should people wish to go to the hassle of doing so. This is even more difficult with cruise lines due to the number of jurisdictions normally involved.

As one who has actually went after them let me enlighten you.

 

You do not get attorney fees if you win.

You also only get what your damages are that you can prove financially and even then they will be a POS.

They took my YC GS and put me in a regular balcony at no reduction in fare.

When we went to calculate damages.

Fare for YC - "Brochure" rate for balcony plus cost of.intern we t package and cost of.....get this... Premium alcohol package because that is what you get in YC = very little. Try about $300 and I could.get triple damages but that's another filing.

 

Lastly, there is a second contract contained in the first that allows them to do almost anything.

That is one of the reasons you see a ridiculous brochure rate.

[Av8tor]

6 hours ago, mscdivina2016 said:

As one who has actually went after them let me enlighten you.

 

They took my YC GS and put me in a regular balcony at no reduction in fare.

 

Did they ever give a reason for the switch?

[mscdivina2016]

10 hours ago, Av8tor said:

Did they ever give a reason for the switch?

Yes,

The Armonia which was fully chartered Salsa cruise, did not make it to the USA, so they gave them the ship with us on it.

Then rather than follow the T&C they made us all miserable.and forced us to cancel.

 

I told them they can put me on any USA sailing of their choice from October thru February and just honor the category and price.

Nope!

[Av8tor]

15 hours ago, mscdivina2016 said:

Yes,

The Armonia which was fully chartered Salsa cruise, did not make it to the USA, so they gave them the ship with us on it.

Then rather than follow the T&C they made us all miserable.and forced us to cancel.

 

I told them they can put me on any USA sailing of their choice from October thru February and just honor the category and price.

Nope!

Ouch! That hurts (I guess I don't really have to tell you that, do I?)

[alistairg]

I was a bit nervous booking with them from the stories I have seen. I have a booking on the Europa in February which will be my first MSC cruise.

 

We rebooked into Star Class on The Wonder of The Seas in October. I am still interested to compare that to YC.

 

One issue that I have is that I often book multiple cabins for family members. I personally have never had to cancel a cruise until this time and even in this instance I might well have been willing to do The Fjords but not everyone was. Just looking at my signature this is the 6th cruise in a row that hasn't happened, with the prior 5 being cancelled by the cruise lines.

 

MSC and RCI have made cancelling suites more expensive and I will have to take this into consideration if I am booking cabins for other family members who are less flexible than I am on travel plans.

Edited March 27, 2022 by alistairg

[sverigecruiser]

On 3/24/2022 at 8:52 PM, mscdivina2016 said:

 

That is one of the reasons you see a ridiculous brochure rate.

 

What do you mean with this? Brochure rate, or close to it, is what I always have paid with NCL and MSC. I don't expect to pay less than that.

[mscdivina2016]

4 hours ago, sverigecruiser said:

 

What do you mean with this? Brochure rate, or close to it, is what I always have paid with NCL and MSC. I don't expect to pay less than that.

In the USA its different.   They have promo rates, get away rates, and brochure rates.  Those brochure rates are a joke.