How NCL treated us during the Icelandic volcano eruption

[time2cruise1]

NCL broke the law by only agreeing to pay for one night hotel accommodation when legally they were responsible for paying for all hotel accommodations, meals, telephone calls, surface transportation, etc. until the passenger is placed on a flight home.

 

The fact that there is also liability or means of recourse against the airline due to the EU Airline Passenger Rights directive is secondary, because primary liability in this case lies with NCL under the EU Package Travel Directive.

 

Kind regards,

 

Gunther and Uta

 

You keep saying that but everyone including BA is saying it is not the case. Keep in mind NCL does not book a package deal but rather acts as a travel agent for air and that contract is betwen the passenger and the airline.

 

From their contract.

 

Purchaser acknowledges that NCL does not own, control, maintain or supervise any airlines, air carriers, motorcoaches, taxis, ground carriers, hotels, restaurants, tour operators, sightseeing tours, or other transportation, facilities products, activities or services provided pursuant to this Voucher, nor their providers or employees. Purchaser acknowledges and agrees that each such provider is an independent contractor who is not and shall not be deemed an agent of NCL and that NCL makes no warranty or other representation regarding the suitability or safety of such providers or their conveyances, activities, facilities, products or services.

 

In arranging for the transportation of passengers, excursions, hotels, accommodations, food, lodging or any other activities, facilities, products or services provided in connection with this Voucher, NCL does so only as a convenience to the Purchaser and Purchaser hereby acknowledges and agrees that NCL shall not be liable or responsible for any loss, damage, injury, death or any other claim whatsoever arising out of any acts or omissions of any such provider or during any activities described in this voucher, including but not limited to delay or inconvenience caused by late air, car or motorcoach arrivals, nor for any loss or damage to baggage or other property of the Purchaser. [/size]

[JuPe]

Here's how a "package" is defined under the EU directive:

 

For the purposes of this Directive:

1. 'package' means the pre-arranged combination of not fewer than two of the following when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:

(a) transport;

(b) accommodation;

© other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.

The separate billing of various components of the same package shall not absolve the organizer or retailer from the obligations under this Directive;

2. 'organizer' means the person who, other than ocasionally, organizes packages and sells or offers them for sale, whether directly or through a retailer;

3. 'retailer' means the person who sells or offers for sale the package put together by the organizer;

4. 'consumer' means the person who takes or agrees to take the package ('the principal contractor'), or any person on whose behalf the principal contractor agrees to purchase the package ('the other beneficiaries') or any person to whom the principal contractor or any of the other beneficiaries transfers the package ('the transferee');

5. 'contract' means the agreement linking the consumer to the organizer and/or the retailer.

[netizen2]

NCL broke the law by only agreeing to pay for one night hotel accommodation when legally they were responsible for paying for all hotel accommodations, meals, telephone calls, surface transportation, etc. until the passenger is placed on a flight home.

 

The fact that there is also liability or means of recourse against the airline due to the EU Airline Passenger Rights directive is secondary, because primary liability in this case lies with NCL under the EU Package Travel Directive.

 

Kind regards,

 

Gunther and Uta

 

Sorry... a little off topic, but you you the Gunther and Uta who went on the April 11 Jewel?? If so, this is Rick & Kathy! We enjoyed hanging out with you both very much!! Take care!