Can cruise lines change Port of Embarkation without allowing cancelling?

Can they change the original port of embarkation and still hold you to the contract? I know they can change ports and itinerary without an argument, But when they change the origin, one should be allowed to cancel even in the normal cancellation period, within a short period after being notified by the cruise line. Most airlines will not change destinations or flight times without charging penalties, which I can deal with to a degree.

Please do not make this a discussion about insurance! This is not an insurance question I am asking. I am not asking for any opinions or advice about insurance. I have bought it for our family of 6 to leave from Puerto Rico on Thanksgiving week. Getting reasonable flight rates and times to a Florida port would be practically impossible at this point in time, especially for the six of us.. if the port was changed.

Everyone will go off topic. A simple yes or no to the original question I asked would be great.

Edited September 21, 2017 by bananawindnj

yes.

In one word, yes, they can change the port of embarkation. It's included in the legaleze about operational changes.

 

Unless the line loosens their cancellation schedule you are stuck. Either your family has to travel to the new port or you will face cancellation penalties if you decide on your own not to go.

Edited September 21, 2017 by BlueRiband

Yes. I could not find the exact wording in Carnival's Cruise contract but here it is from Holland America's Cruise contract:

 

 

Except as otherwise provided, Carrier may, for any reason, without prior notice, cancel the Cruise, Land + Sea Journey, and/or Land Trip(s); deviate from the scheduled ports of call, route and timetable; call or omit to call at any port or place or cancel or modify any activity on or off the Ship; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property; or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten the Cruise, Land + Sea Journey and/or Land Trip(s), or substitute ships, aircra

 

 

This post may have been entered by voice recognition. Please excuse any typographical errors.

Yes, the cruise contract gives them broad leeway to change the cruise as they deem fit.

As everyone has said yes, they have the right to do it but I cannot recall a time when it was done that passengers weren't given the opportunity to cancel (although sometimes they will provide a future cruise credit instead of a cash refund).

The wording says that they can change the embarcation point but it does not say that you will not be allowed to cancel/change. Most of the rerouting so far have given the cruisers some kind of choices regarding the cruise part; sometimes allowing the cruiser to rebook. Full cancellation and refunds are rare. Self booked airfare is typically the cruiser responsibility. oops typing at same time as sparks :)

in these circumstances they can give you the option of cancelling or at least rebooking for another date

They are probably scrambling to reorganize cruises come this week so give them a few days to sort things out

I do not think PR will be ready for ships in 2 mths so airlines & cruise ships will be making changes just like they did with Irma

Edited September 21, 2017 by LHT28

Thank you to all who have responded , as this is probably enough information for us to consider options. I just hope they let us know ahead of time, and not wait until the last minute.

 

 

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There are many legal issues to contracts (lawyers can deal with those issues) but there is also a PR problem for the cruise lines. If a embarkation port must be moved the line will likely offer some options. But the history of the cruise industry tells us that this kind of thing is handled on a case by case (or cruise by cruise) basis and can even vary by cruise line. Right now several cruise lines have to deal with the San Juan issue and it will be interesting to see how this works. And the airlines are also an unknown as they have been known to waiver their change fees in some extraordinary circumstances. Just thinking out loud, the alternatives for San Juan would seem to be limited to the Florida ports or perhaps Barbados. But most of those San Juan based cruises have itineraries that include many of the most severely damaged islands. We think that many cruise line executives (and staff) will truly earn their pay during this winter cruise season.

 

Hank

Can they change the original port of embarkation and still hold you to the contract? I know they can change ports and itinerary without an argument, But when they change the origin, one should be allowed to cancel even in the normal cancellation period, within a short period after being notified by the cruise line. Most airlines will not change destinations or flight times without charging penalties, which I can deal with to a degree.

Please do not make this a discussion about insurance! This is not an insurance question I am asking. I am not asking for any opinions or advice about insurance. I have bought it for our family of 6 to leave from Puerto Rico on Thanksgiving week. Getting reasonable flight rates and times to a Florida port would be practically impossible at this point in time, especially for the six of us.. if the port was changed.

Everyone will go off topic. A simple yes or no to the original question I asked would be great.

 

 

We were supposed to sail from Pot Everglades on Volendam (years ago). A bad huricane forced closing of the port as well as Miami and FLL. airports. We got word the ship wouldembark and sail from Port Canaveral. We grabbed two seats on flight, were happy to get them and paid what they charged. . We got to our cruise but t if we did not, we would not have gotten a refund. It was not HAL's fault a hurricane ruined everyone's plans, anymore than it was pax fault. So wha........ they had no obligation for refunds. If it costs you more, these things happen when you travel. it cost us more to get to alternatiave port but we were thrilled to arrive in time to sail We never asked for anything as it was no fault of HAL's. Why should the airline make the cost more attractive? Why should HAL refund? it seems sometimes, cruisers think it isokay foraall parrties but them to take the loss. It isn't. It is not airline's , fault, it is not HAL's rfrault, It is not cruiser's fault but you have to tak e the hit. if you wnat to cruise. No one promised life is fair. If they did promise, they were mistaken.

 

 

This is not off on a tangent IMO. It is exactly on point. It happened to us and it is directly the same as the situation you present. Get the seats, pay what it costs an d enjoy your cruise. Only first hand advice I can offer.

Edited September 21, 2017 by sail7seas

As everyone has said yes, they have the right to do it but I cannot recall a time when it was done that passengers weren't given the opportunity to cancel (although sometimes they will provide a future cruise credit instead of a cash refund).

Many people consider FCC (i.e., anything other than a full cash refund) to be "holding" passengers to the contract.

 

The wording says that they can change the embarcation point but it does not say that you will not be allowed to cancel/change.

Actually, the Holland America contract does make clear that only under circumstances other than those outlined in that paragraph are they obligated to grant refunds or offer changes. Again, the question was whether the contract allows the cruise line to change the port of embarkation and still hold the passenger to the contract, and the answer to that is "yes" - it does allow the cruise line to still enforce the passengers' obligations. The cruise line might be more generous than that, but they aren't obligated to be.

Many people consider FCC (i.e., anything other than a full cash refund) to be "holding" passengers to the contract.

 

People can look at it however they want to, but it is an attempt to make the passenger whole when there is no legal obligation to do so.

People can look at it however they want to, but it is an attempt to make the passenger whole when there is no legal obligation to do so.

I suppose what matters in this case is what the OP thinks. Regardless, the cruise line isn't even required to offer FCC, so it is academic: Whatever they offer is generosity on their part; none of it is something the cruise line is legally required to offer.

I suppose what matters in this case is what the OP thinks. Regardless, the cruise line isn't even required to offer FCC, so it is academic: Whatever they offer is generosity on their part; none of it is something the cruise line is legally required to offer.

 

Which is what I meant to say but I guess I didn't.

Why don't you simply call the cruise line and ask them?

 

No doubt there is wording in the contract but there is also the court of public opinion. Many firms do not enforce the t's and c's of their contracts during these types of events.

 

I think that it is a little early yet. You have some time to go yet. My guess is that port and air facilities will be the first to be restored to partial operation. And there are two areas in PR where cruise ships dock.

Why don't you simply call the cruise line and ask them?

I believe you answered your own question:

I think that it is a little early yet. You have some time to go yet.

The OP wants insights and realizes that it is too soon to expect the cruise line to make any reliable promises.

Read the contract

 

Usual answer is YES

As everyone has said yes, they have the right to do it but I cannot recall a time when it was done that passengers weren't given the opportunity to cancel (although sometimes they will provide a future cruise credit instead of a cash refund).

 

 

 

Post t #12 in this thead. We were in that situation and would not have gotten any refund..

Call the cruise line. At worst you will be no further ahead. They may just give you an indication or even a time frame for an announcement on their part. We are big believers in speaking to the organ grinder in preference to the monkey.

 

He sounds like the ports are going to open up fairly soon. Now hopefully for the ones leaving from their there is a hotel to stay at

 

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People can look at it however they want to, but it is an attempt to make the passenger whole when there is no legal obligation to do so.

No it isn't. It is an attempt to retain business.

Can they change the original port of embarkation and still hold you to the contract? I know they can change ports and itinerary without an argument, But when they change the origin, one should be allowed to cancel even in the normal cancellation period, within a short period after being notified by the cruise line. Most airlines will not change destinations or flight times without charging penalties, which I can deal with to a degree.

Please do not make this a discussion about insurance! This is not an insurance question I am asking. I am not asking for any opinions or advice about insurance. I have bought it for our family of 6 to leave from Puerto Rico on Thanksgiving week. Getting reasonable flight rates and times to a Florida port would be practically impossible at this point in time, especially for the six of us.. if the port was changed.

Everyone will go off topic. A simple yes or no to the original question I asked would be great.

 

Yes they can, especially if the port is not usable. You have no recourse.

 

He sounds like the ports are going to open up fairly soon. Now hopefully for the ones leaving from their there is a hotel to stay at

 

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This sounds like San Juan may be open sooner instead of later, though i doubt the report is accurate since there is no power on the island.

I doubt airlines will be flying into PR in the near future to drop people off with the damage the island sustained. Have you checked with the airline about the status their flights to PR?

 

 

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