Have a trip booked on an SF Alaska Vancouver on Cunard through a third party travel agency. Like others we received a notice of BOOKING cancellation from Cunard via curt summary email below. Nothing from the third party travel agency. I had initially thought the entire cruise was cancelled. That is not the case. Cunard is still accepting bookings on some or all of her originally booked trip.
As many have noted, the damages to those affected go well beyond the price of the cruise itself to lost airline tickets, hotel bookings, etc.
I do not do a lot of work in this area, but am trying to bring myself up to speed. Based on my initial research, it is becoming clear to me that Cunard is not going to be stepping up to the plate on their own. Unfortunately, they may require some nudging.
Starting this as a place to consolidate potentially useful information which might be helpful to others.
First, the link to the General Counsel of Carnival UK which is the parent of Cunard who is based in the UK is below. If anyone has contact info such as email that would be helpful. See below.
https://www.linkedin.com/in/johnsnyder4/?originalSubdomain=uk
Second, if anyone had any contact information for anyone else in the legal department at Carnival UK that would also be helpful, especially if it was US based counsel.
Third, just for reference, especially for anyone based in California, Carnival UK is registered to do business in California, so they are easily within legal reach including via California Small Claims. See below CA SOS REGISTRATION INFORMATION.
Fourth, does anyone have familiarity with what rights if any the Carnival / Cunard legal terms / contract of carriage might provide to customers? Helpful to share here.
Fifth, does anyone have familiarity with what rights if any, that federal or state laws might provide to customers? Helpful to share here. For example, for those resident in CA, there may be good argument that the implied covenant of good faith and fair dealing would apply to bookings especially if it was CA residents booking a cruise while in CA that is departing from CA.
Sixth, if anyone happens to know of a class action attorney in the travel / cruise space, this might be an interesting opportunity for them. I encourage sharing the situation with them or sharing their contact information here.
I always think a business / customer service approach is best, but it seems clear here that Cunard has elected to reject that path which is of course very disappointing.
https://california-business-lawyer-corporate-lawyer.com/breach-of-contract-law-definition-elements-defense-lawyer/breach-of-implied-covenant-of-good-faith-and-fair-dealing-law-elements-defense-lawyer/
https://www.justia.com/trials-litigation/docs/caci/300/325/
https://trellis.law/ca/issue-type/breach-of-covenant-of-good-faith-fair-dealing-247/185?
CA SOS REGISTRATION INFORMATION
CARNIVAL CRUISE LINES (2055913)
Request Certificate
Initial Filing Date
09/16/1997
Status
Active
Standing - SOS
Good
Standing - FTB
Good
Standing - Agent
Good
Standing - VCFCF
Good
Formed In
Panama
Foreign Name
CARNIVAL CORPORATION
Entity Type
Stock Corporation - Out of State - Stock
Principal Address
3655 N.W. 87TH AVENUE MIAMI, FL 33178
Mailing Address
3655 N.W. 87TH AVENUE MIAMI, FL 33178
Statement of Info Due Date
09/30/2022
Agent
1505 Corporation 112 C T CORPORATION SYSTEM 330 N BRAND BLVD STE 700 GLENDALE, CA 91203
EMAIL RECEIVED.
Important information about your voyage.
Dear xxx, as you may have seen in the news, the wider impact of Covid-19 is affecting hospitality and disrupting airlines and as such this is impacting the number of crew members we are able to get to our ships.
We naturally want to ensure that all guests across the fleet experience the high standards of service on board that they would expect from Cunard and which we are committed to delivering. We are therefore limiting the number of guests sailing as we build crew numbers back up.
Regretfully, this means that we need to cancel a number of existing bookings, including yours on board Queen Elizabeth, departing on 06/01/2022. We understand you would have been looking forward to your voyage with us and are truly sorry for the disappointment this may cause.
We will of course be automatically processing a full refund for you on all monies paid to date and in addition we would like to add a Future Cruise Credit (FCC) to your account worth 25% of the fare paid on your voyage Q214D, for you to redeem on any future booking with Cunard. This FCC will be available for you to use on any future Cunard voyage booked by December 31, 2024.
Please find details below of the refund and the offer and we do hope that we can welcome you on board very soon.
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