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Cruise cancellation


gmatthew

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Discovered yesterday that NCL have completely changed our cruise. i.e. only 1 day in St Petersburg and Copenhagen. At the end of the cruise we are now at sea from Tuesday evening until Saturday morning. This is not the cruise we booked and certainly don't want all this time at the end of our cruise at sea. As far as I know they are offering some compensation (25% of future cruise) but say that I cannot cancel without penalty. Does anyone know of our rights in the UK.

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Discovered yesterday that NCL have completely changed our cruise. i.e. only 1 day in St Petersburg and Copenhagen. At the end of the cruise we are now at sea from Tuesday evening until Saturday morning. This is not the cruise we booked and certainly don't want all this time at the end of our cruise at sea. As far as I know they are offering some compensation (25% of future cruise) but say that I cannot cancel without penalty. Does anyone know of our rights in the UK.

 

I had a similar problem with a cruise booked for April 2007 on NCL Crown where the itinerary was changed, losing 3 days and 2 ports to cover a private charter.

 

It really does depend how far out the cruise is. My deposit had been paid but it was returned when I pulled out of the booking. NCL UK are often the last to know when it comes to changed itineraries, I told them about the changes on mine, they didn't know themselves.

 

If the cruise you have booked isn't til late this year or next year and final payment has not been made, you may lose your deposit. Having said that, if you contact your TA, they could possibly get the deposit back for you by arguing your corner for you.

 

Contact your TA in the first instance and get them to see where you stand. If that seems to be going nowhere or its after final payment, contact NCL direct and see how you go.

 

Good luck, and I hope something comes out of this for you.

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Sorry, I should have made it clear that my cruise is in July of this year and has been fully paid.

 

 

If thats the case, then you will have a fight on your hands, as the line will just point out, quite rightly, that they can change the itinerary at will as per the fine print.

 

You can try but I doubt you will get anywhere due to the disclaimer.

 

Personally, I would just go on the holiday and enjoy the time away from home,work or whatever. Sorry.

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gmatthew, your disappointment is certainly understandable. Unfortunately, once you're past the final payment date, you're in the penalty phase if you cancel. You have run into one of the negative realities about cruising - not just with NCL but every cruise line. When you book a cruise, you're not really booking the itinerary that was promoted; you're only guaranteed x number of days on the ship, with the itinerary subject to change. Ports are missed all the time and itineraries are often modified. It doesn't seem fair to the consumer but it's a fact that we all take into account when we book a cruise.

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Why make your cruise (and others) miserable. This information is in the cruise contract, and as stated before happens often. I agree, it is unfortunate, but that is the world of cruising. Try to make the best of it. Why spend the money to aggravate yourself. You will still have a good time, I'm sure.

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minor changes are acceptable... this is ridiculous. If there was no refund opportunity, I would be the squeakiest wheel ever seen on a cruise.

 

From the NCL website (and the other lines I've looked at have pretty much the same policy)

 

"Itinerary Changes

In the event of strikes, lockouts, stoppages of labor, riots, weather conditions, mechanical difficulties or any other reason whatsoever, NCL has the right to cancel, advance, postpone or substitute any scheduled sailing or itinerary without prior notice. NCL shall not be responsible for failure to adhere to published arrival and departure times for any of its ports of call. NCL may, but is not obliged to, substitute another vessel for any sailing and cannot be liable for any loss to passengers by reason of such cancellation, advancement, postponement or substitution. Reservations are subject to change or cancellation in the event of a full-ship charter, and in such event, NCL shall refund all passage moneys paid by the passenger."

 

-Monte

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From the NCL website (and the other lines I've looked at have pretty much the same policy)

 

"Itinerary Changes

In the event of strikes, lockouts, stoppages of labor, riots, weather conditions, mechanical difficulties or any other reason whatsoever, NCL has the right to cancel, advance, postpone or substitute any scheduled sailing or itinerary without prior notice. NCL shall not be responsible for failure to adhere to published arrival and departure times for any of its ports of call. NCL may, but is not obliged to, substitute another vessel for any sailing and cannot be liable for any loss to passengers by reason of such cancellation, advancement, postponement or substitution. Reservations are subject to change or cancellation in the event of a full-ship charter, and in such event, NCL shall refund all passage moneys paid by the passenger."

 

While this is in fact what it says, in some countries its unenforceable. I have heard but I am not sure that the EU and the UK has different requirements and that their law may require a full refund for major changes. Since I think the OP is from the UK you should check with someone who knows.

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Another reason to buy trip insurance - the kind that permits you to cancel for any reason. Otherwise, enjoy your cruise.

We were once on a ship that had to bypass the port of Belize, our main reason for booking that cruise, due to engine problems. The cruise line was thoughtful enough to give each passenger a free cruise! However, they went bankrupt before we took our free cruises.

Make lemonade. Keep your sense of humor and flexibility.

Bev

Pride of Aloha June 23

15 or more various cruises..........laughing all the way

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Don't know exactly when your cruise is in July, but the reason the itinerary may have changed is because of the G-8 Summit in St. Petersburg in mid-July. They are completely shutting down the port for several days. I think what I read is 24 ships had to completely adjust their itineraries, many aren't even getting to go to St. Petersburg at all anymore. What may have happened (if your cruise is around that time), is NCL attempted to make sure that you still got to see St. Petersburg and as a result they had to give up the extra time in Copenhagen to get it.

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While this is in fact what it says, in some countries its unenforceable. I have heard but I am not sure that the EU and the UK has different requirements and that their law may require a full refund for major changes. Since I think the OP is from the UK you should check with someone who knows.

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They appear to in fact be different. The issue will be is a change material it seems to my no legal eye it is not.

 

http://www.uk.ncl.com/more/terms.htm

 

NCL holidays are planned far in advance. Changes to times or itineraries, including changes to times and places of arrival and departure of flights and cruise ships and land based programmes, may be made for reasons including, but not limited to, operational matters, weather and sea conditions, the safety, comfort or enjoyment of guests, or reasons beyond NCL’s control. In case such changes are made NCL will endeavour to ensure as far as reasonably practical that they are as limited as possible commensurate with maintaining the quality and character of the holiday and will endeavour to give notice of such changes at the earliest practical opportunity. Such changes will not amount to material alteration of the Holiday.

 

In the event of NCL cancelling or materially altering the Holiday in accordance with this paragraph (see under “Nonmaterial Alteration by NCL” above for changes to times or itineraries that do not amount to material alteration of the Holiday) prior to departure, the Guest shall be entitled either to accept any alternative or altered holiday offered by NCL or not to travel and receive a refund of all sums paid to NCL. Otherwise no compensation shall be payable.

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Don't know exactly when your cruise is in July, but the reason the itinerary may have changed is because of the G-8 Summit in St. Petersburg in mid-July. They are completely shutting down the port for several days. I think what I read is 24 ships had to completely adjust their itineraries, many aren't even getting to go to St. Petersburg at all anymore. What may have happened (if your cruise is around that time), is NCL attempted to make sure that you still got to see St. Petersburg and as a result they had to give up the extra time in Copenhagen to get it.

 

And that would in fact be outside NCL's control - change not material

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\

They appear to in fact be different. The issue will be is a change material it seems to my no legal eye it is not.

 

http://www.uk.ncl.com/more/terms.htm

 

NCL holidays are planned far in advance. Changes to times or itineraries, including changes to times and places of arrival and departure of flights and cruise ships and land based programmes, may be made for reasons including, but not limited to, operational matters, weather and sea conditions, the safety, comfort or enjoyment of guests, or reasons beyond NCL’s control. In case such changes are made NCL will endeavour to ensure as far as reasonably practical that they are as limited as possible commensurate with maintaining the quality and character of the holiday and will endeavour to give notice of such changes at the earliest practical opportunity. Such changes will not amount to material alteration of the Holiday.

 

In the event of NCL cancelling or materially altering the Holiday in accordance with this paragraph (see under “Nonmaterial Alteration by NCL” above for changes to times or itineraries that do not amount to material alteration of the Holiday) prior to departure, the Guest shall be entitled either to accept any alternative or altered holiday offered by NCL or not to travel and receive a refund of all sums paid to NCL. Otherwise no compensation shall be payable.

 

Thanks Jim this clearly is different and I agree that if the change is caused by the G-8 conference its beyond NCL's control. Whether it is material or not is a fact question that a judge would decide. Personally I agree that it probably is non-material. The Brits always use such colorful language its too bad when they talk you can't understand them :)

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What constitutes a material change (the ship saying a change is not material is NOT controling) and whether something is out of the ship's control are different questions. For the latter, one would have to know when the itinerary was set and when the G-8 timing was known. If the G-8 is the reason for the change in itinerary and this was only recently known, a court may be more sympathetic about the change. I feel very sad for the OP, but it is easier to accept if it's the G-8 causing the problem than a private charter.

 

The interesting thing about this thread, is how countries which have stricter consumer protection laws have different boiler plate provisions in the NCL contract, and it points out the travesty of this country not fighting for the same for its consumers.

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My now cancelled cruise on Crown next year was cut short by 3 days and two ports for a private charter for a party of Aussie sports promoters going to the Cricket World Cup.

 

Strangely enough, when my TA checked to see if my deposit had been collected by NCL from the holding account, it had not been. This deposit was paid some 2 months before I found out by chance about the charter and 4 months after NCL US had booked/confirmed it.

 

The deposit was subsequently transferred in full to the Olsen cruise booked as a replacement.

 

In relation to itinerary changes in general, there is a significant breakdown in communication tween NCL US and NCL UK, along with the other European offices. My chopped up itinerary and now this change due to the G8 conference simply proves that communication is sketchy at best.

 

Perhaps that could be used as a reason for gaining full refunds for the OP, proving it would be very difficult however, and would mean a long argument with no guarantee of success.

 

Therefore, IMHO, it would be easier to just accept the cruise as is and maybe arrange a landbased visit to St Petersburg at a later date when more time than the usual day's visit can be done.

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What constitutes a material change (the ship saying a change is not material is NOT controling) and whether something is out of the ship's control are different questions. For the latter, one would have to know when the itinerary was set and when the G-8 timing was known. If the G-8 is the reason for the change in itinerary and this was only recently known, a court may be more sympathetic about the change. I feel very sad for the OP, but it is easier to accept if it's the G-8 causing the problem than a private charter.

 

The interesting thing about this thread, is how countries which have stricter consumer protection laws have different boiler plate provisions in the NCL contract, and it points out the travesty of this country not fighting for the same for its consumers.

 

G8 is not the issue. The decision to close the port by the government is the issue.. the great catch all is the same on both sides of the pond.

 

NCL shall at any time be entitled to cancel or materially alter the Holiday in circumstances where the Holiday is or may be affected by force majeure, including (without limitation) war or threat of war, riot, civil commotion, disaster, act of God, terrorist activity, natural and nuclear disaster, fire, technical problem with transport, closure of port, strike or other industrial action, or any other event whatsoever outside the control of NCL.

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What constitutes a material change (the ship saying a change is not material is NOT controling) and whether something is out of the ship's control are different questions. For the latter, one would have to know when the itinerary was set and when the G-8 timing was known. If the G-8 is the reason for the change in itinerary and this was only recently known, a court may be more sympathetic about the change. I feel very sad for the OP, but it is easier to accept if it's the G-8 causing the problem than a private charter.

 

The G-8 Summit has been announced for a while, but it wasn't until the end of April that they decided to close the port - at the request of the US Secret Service. You should've seen the uproar over on the Celebrity board, because one of their sailings completely lost St. Petersburg and ended up going to Warnemunde instead. Celebrity announced it before final payment was due - but one family didn't see the change until afterwards.

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Discovered yesterday that NCL have completely changed our cruise. i.e. only 1 day in St Petersburg and Copenhagen. At the end of the cruise we are now at sea from Tuesday evening until Saturday morning. This is not the cruise we booked and certainly don't want all this time at the end of our cruise at sea. As far as I know they are offering some compensation (25% of future cruise) but say that I cannot cancel without penalty. Does anyone know of our rights in the UK.

 

Future cruise?:mad: who told them you will wont to go on future cruise with them?they should give you discount for this cruise not for future one(specially when thay make changes before cruise) , thats what Princess did for us when port been changed.

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Thats alot of days at sea. Im just wondering if you paid by credit card for the deposit? You aren't/didn't get what you paid for so maybe they can help you fight Ncl and keep Ncl from charging your card for a penalty plus get your full deposit refunded. Obviously if it wasn't for the change you would love to be on this cruise. I don't care about who's to blame you didn't/aren't get what you purchased and should get a full credit with no penalty or if ncl wanted to be nice give you full credit for your deposit plus the 25% off a future cruise. 5 days at sea is brutal. If you feel your not going to enjoy this cruise because of the changes then don't go. Good luck!

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I would just roll with the flow. When you cruise there can always be itinerary changes for any reason and they aren't liable to reimburse you a cent. Just be glad they are offering a 25% discount on a future cruise. That goes a long way if cruising Alaska or in the summer in the Caribbean.

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