TRAVEL INSURANCE DOESN"T ALWAYS PAY OFF

[luv2cruise99]

I don't think a dispute with the credit card will work even if she is within the time limitations. To win a credit card dispute, you have to prove that the other party failed to fulfill their end of the purchase contract. In this case, it's not the cruiseline's fault that she missed her cruise, so she doesn't have a valid dispute against them. Also, she doesn't have a valid dispute against the insurance company assuming that their contract does limit reimbursements for cancelled flights as their representative stated. The only party she has a valid dispute against is the airline, but the credit card company can't do any more than refund the amount she paid for the airline ticket. I'm assuming that the airline has already refunded the ticket for the cancelled flight so that won't help.

 

I think her best bet is to go over her insurance contract with a fine tooth comb in the hopes of finding a "loophole" under which she can file a claim. Also, I think she should contact the airline for reimbursement, although I'm sure their contract probably limits their liability.

[jebl]

I'm not sure I understand this - how to they then rationalize a repo cruise which leaves from Miami and ends up in Bayonne?

 

On a repo cruise you make at least one stop in a foreign port. Even if it is only a day in Nassau. You cannot go from one us port to another with out stopping somewhere out of the US or its possessions.

[Marysunshine]

Many years ago we were going on a cruise out of Aruba. We flew to Florida for an overnight before catching the flight to Aruba and boarding the ship. TWA lost my luggage and we knew that if we waited past 7PM we would not have any chance to purchase clothes. Thus at 5PM we took a taxi to the mall and purchased some horrible, last-minute clothing, and decided to deal with it. As it turned out, my luggage was delivered after midnight.

However, the insurance company I had was CSA. They were a nightmare. Firstly, I could not get through on their emergency number, noone was answering so I couldn't get any approval for anything. When I got home and sent in a claim (the whole thing was around $300), they denied it and told me to try and collect on my homeowners policy.

To keep this brief, suffice it to say I threatened, and seriously meant it, to go out to California to sue in small claims court. I was absolutely outraged. They finally paid the bill, but I would never deal with them again.

I cannot say what Travelguard would do under your circumstances, but I had to cancel two trips due to my husband's illness and Travelguard came through in the finest way. I would never use another company.

[Retired not Expired]

On a repo cruise you make at least one stop in a foreign port. Even if it is only a day in Nassau. You cannot go from one us port to another with out stopping somewhere out of the US or its possessions.

 

That's what I always thought, too, like the NCL Wind in Hawaii going to Fanning. But wasn't the Jewel heading for the Caribbean or Mexico from the Keys prior to coming back to the states? If so, wouldn't that be the same as a repo?

[Merion_Mom]

Afraid I'm not totally up-to-speed on the Jones Act. If I read this post right, then would I be correct in thinking that our upcoming repositioning cruise on RCL's Voyager be a violation? We are embarking in Miami on 5/7/05 and disembarking in Cape Liberty/Bayonne on 5/15/05.

Mike: Do you see your weird itinerary? You dip all the way down to Aruba, before heading back up, ultimately to New Jersey. That's because Aruba is a "DISTANT" foreign port. Just a foreign port doesn't cut it, according to the Jones Act. In order NOT to be in violation, the ship has to visit a DISTANT foreign port in order to legally go between two U.S. ports.

 

Our cruise was going to Cozumel, Costa Maya, Grand Cayman and Ocho Rios, none of which, apparently, is "distant" enough.

 

Carol

[MikeNJ1109]

Mike: Do you see your weird itinerary? You dip all the way down to Aruba, before heading back up, ultimately to New Jersey. That's because Aruba is a "DISTANT" foreign port. Just a foreign port doesn't cut it, according to the Jones Act. In order NOT to be in violation, the ship has to visit a DISTANT foreign port in order to legally go between two U.S. ports.

 

Our cruise was going to Cozumel, Costa Maya, Grand Cayman and Ocho Rios, none of which, apparently, is "distant" enough.

 

Carol

 

As I said, Carol, I am not up-to-speed on the Jones Act, and was merely asking a question for my own knowledge. I appreciate you providing the answer.

[Ontheseas]

Mike: Do you see your weird itinerary? You dip all the way down to Aruba, before heading back up, ultimately to New Jersey. That's because Aruba is a "DISTANT" foreign port. Just a foreign port doesn't cut it, according to the Jones Act. In order NOT to be in violation, the ship has to visit a DISTANT foreign port in order to legally go between two U.S. ports.

 

Our cruise was going to Cozumel, Costa Maya, Grand Cayman and Ocho Rios, none of which, apparently, is "distant" enough.

 

Carol

 

Carol- That is so weird! I had NO IDEA! Last week, we had 1 couple join our cruise in St. Thomas - AFTER we left from Nassau (a foreign port) - so, they were allowed to board only because we visited Nassau first???

[Heyitsrick]

Some companies, even when not culpable for problems, miss out on huge PR opportunities in cases like this.

 

Here's a tack you might want to try:

 

See if you can get ahold of RCI's Media office. Tell them your story, but be prepared to pitch something positive to them in terms of a huge PR gain:

 

If RCI is willing to give you a comp cruise, they could alert the local (and even national) media with your participation and have you tell the media the story of how US Air ruined your cruise, but RCI, who wasn't even responsible, came to your rescue.

 

Imagine the free and positive PR that would accrue to RCI! The costs to them of a wholesale comp cruise vs. free positive publicity is miniscule. Mastercard would call this opportunity "priceless".

 

Now, they might say that would leave them open to comping everyone who had some issue with carriers and whatnot, but it could be made clear in the media piece that RCI couldn't do this for everyone, blah blah blah, and that this is a one-time thing for a particularly awful circumstance.

[Retired not Expired]

That's what I always thought, too, like the NCL Wind in Hawaii going to Fanning. But wasn't the Jewel heading for the Caribbean or Mexico from the Keys prior to coming back to the states? If so, wouldn't that be the same as a repo?

 

Carol, I hope you didn't think what I asked here was questioning the validity of your claim. If so, I'm sorry. I do believe what you said happened, did happen. The reason I asked is because a cruise I was on that originated in San Juan, PR (A U.S Port) had a couple miss the sailing and they got on at the next port which was the U.S. Virgin Islands. This was a seven day port intensive cruise with a new port every day so we didn't get that far away, so no far away sailings. We hit foreign ports but not that distant. Could RCI have dropped the ball here and it not have been against the Jones Act for you to get on in the Keys? Maybe you need to check with another source to see if RCI acted properly in this case. Sometimes people make a mistake and maybe the person that made the decision not to let you on made one. I don't know. I know little on this law. I just wanted to see if we could get a clear answer on it in case it happened again. Maybe the U.S. proper is different from a U.S. territory.

[t53864]

Wondering if you have purchased the insurance (aka Vacation Protection Plan) through RCI, would RCI allow u to "catch up" the ship?

[Merion_Mom]

Ok, here is what I know.

 

Mike, I don't know why you took offense at what I posted. If something I said sounded strident or negative, and I can't IMAGINE what it was, I apologize. I THOUGHT that you asked for an explanation, so I tried to give one.

 

According to what I have found out by researching on the internet, the U.S. Virgin Islands and Puerto Rico are exempt from the provisions of the Jones Act. (so are Guam and Wake Island and the Marianas :))

 

ontheseas (& RNE): Where did the cruise depart from? If they got on the ship in St. Thomas, they debarked at some place in Florida, I presume? Thus, the ship was NOT transporting them "between two U.S. ports." (see paragraph above)

 

t53864: THEORETICALLY, we could have boarded the ship in Cozumel, but it would have been INCREDIBLY complicated. Most flights south were still fully booked; from Philadelphia to Cancun, we would have had to change planes, probably twice, and there was still no assurance that we would reach Cozumel from Cancun in time to board the ship. THEN we would have had to chase the ship down to Costa Maya. By THEN, there would have been less than half the cruise left, and it was only a seven day cruise, and both my son and I had to return to school THE NEXT DAY. Not my idea of a "vacation."

 

I REALLY REALLY REALLY appreciate all the support I am getting here!

 

Carol

[Retired not Expired]

Ok, here is what I know.

 

According to what I have found out by researching on the internet, the U.S. Virgin Islands and Puerto Rico are exempt from the provisions of the Jones Act. (so are Guam and Wake Island and the Marianas :))

 

ontheseas (& RNE): Where did the cruise depart from? If they got on the ship in St. Thomas, they debarked at some place in Florida, I presume? Thus, the ship was NOT transporting them "between two U.S. ports." (see paragraph above)

 

Carol

 

OK, now I understand. The couple I saw got on in the U.S. Virgin Islands and off in San Juan. Both Exempt. Tell me six or seven times and I can understand.

 

Sorry. Thought it might be another avenue for you to go, but you're way ahead of me.

[gulfcoast39]

If I were you, I would write the cruise line a letter explaining the entire ordeal and maybe they would give you a free trip ????? It's worth a try.

[MikeNJ1109]

Ok, here is what I know.

 

Mike, I don't know why you took offense at what I posted. If something I said sounded strident or negative, and I can't IMAGINE what it was, I apologize. I THOUGHT that you asked for an explanation, so I tried to give one.

 

According to what I have found out by researching on the internet, the U.S. Virgin Islands and Puerto Rico are exempt from the provisions of the Jones Act. (so are Guam and Wake Island and the Marianas :))

 

ontheseas (& RNE): Where did the cruise depart from? If they got on the ship in St. Thomas, they debarked at some place in Florida, I presume? Thus, the ship was NOT transporting them "between two U.S. ports." (see paragraph above)

 

t53864: THEORETICALLY, we could have boarded the ship in Cozumel, but it would have been INCREDIBLY complicated. Most flights south were still fully booked; from Philadelphia to Cancun, we would have had to change planes, probably twice, and there was still no assurance that we would reach Cozumel from Cancun in time to board the ship. THEN we would have had to chase the ship down to Costa Maya. By THEN, there would have been less than half the cruise left, and it was only a seven day cruise, and both my son and I had to return to school THE NEXT DAY. Not my idea of a "vacation."

 

I REALLY REALLY REALLY appreciate all the support I am getting here!

 

Carol

 

 

Carol, I owe you an apology, I did not mean to give you the impression that I took offence. On the contrary, I very much appreciate the information that you provided, my goal was to learn about the Jones Act and your information was very valuable. Thank you for taking the time in answering, and I hope that your next cruise vacation works out better then this one did.

 

Regards,

 

Michael

[queenL]

David: Credit card protests only work BEFORE THE BILL is paid. A cruise has to be paid in full NINETY DAYS before sailing! That means that I paid that credit card bill back in September!

 

But thanks for the good thoughts. I'm going to pursue this, rest assured.

 

Carol

 

Are you sure about this? I filed a credit card dispute weeks after I returned from the cruise and they still accepted it! Technically I had paid for it months before also.

[MrPete]

Someone to place blame:

 

http://www.post-gazette.com/pg/05062/465421.stm

[vivian02]

I find it very interesting that the Insurance industry is so up front to inform its customers that their coverage is "the best". Once a claim is filed its "what makes you think your covered?" There are many loop holes within any policy, I'm glad to hear the claim will be covered. Question...Why did you purchase the insurance? (Doesn't this leave you dumb funded?) Tim

[Merion_Mom]

Tim, I always assumed that a legitimate claim would be paid, God forbid we should ever not be able to go on our cruise.

 

Ultimately, that IS what happened.

 

I didn't post this on the other thread, but she DID finally tell me how the decision was reached.

 

*Melissa* said that they reviewed their decision (I suppose because of my pressure and pleas) and they decided that I lost my cruise because ROYAL CARIBBEAN wouldn't let me board in Key West, and if I had had to chase the ship all the way to Mexico, it would result in a loss of more than 50% of my cruise. THAT made my claim valid. (NOT USAir cancelling my flight)

 

I don't REALLY care why they changed their minds; I'm just glad that they did.

 

Carol

[AltaJoe]

Congrats.

 

But the whole experience reminds me of that Grisham novel where the Insurance Co. turned down a certain percentage of claims as a business practice hoping that the insured would walk away. If they persisted, they got their claim paid.

[hadleys9538]

I feel so bad for Carol. I used to assume that I was covered and we always purchased travel insurance, then low and behold, we finally needed to use it -- My husband's position was downsized two weeks before we were to leave on a cruise to Hawaii -- Not covered! When I really looked at the fine print, I realized they could get out of virtually everything and covered VERY little.

 

My parents were booked on a cruise the weekend after 9/11. Of course, everything was a disaster for weeks after that had occurred. When they tried to cancel (because it was virtually impossible to get to the embarkation point), they were told they wouldn't be covered. There was no coverage for "acts of terrorism."

 

None of us purchase the cancellation insurance anymore, because in both instances, we would have been out the money for the cruise, as well as the money paid to the useless insurance company.

[renata102]

David: Credit card protests only work BEFORE THE BILL is paid. A cruise has to be paid in full NINETY DAYS before sailing! That means that I paid that credit card bill back in September!

 

But thanks for the good thoughts. I'm going to pursue this, rest assured.

 

Carol

not true, i actually disputed a cruise that I WENT on (while on the ship i called my credit card co. and told them of this particular situation)... see my signature below... and was FULLY refunded the FULL FARE of the completed cruise. YOU SHOULD CALL ASAP... (i don't know when this happened)... it was becuase of a hurricane, but with a twist... LONG STORY.... lots of letters to my Credit card company lawyers and RCCL lawyers... at the end I WON! Still would go on RCCL! NO DOUBT!:eek:

[HurricaneSally]

Merion Mom,

 

Call CSA back and ask that they review your claim again. sometime they turn it down just to keep the money in their coffers longer. Tell them to review it again and just wait to see what happens. If that doesn't work, tell them you're going to the press with information about their company.

[NancyIL]

Merion Mom,

 

Call CSA back and ask that they review your claim again. sometime they turn it down just to keep the money in their coffers longer. Tell them to review it again and just wait to see what happens. If that doesn't work, tell them you're going to the press with information about their company.

 

This thread was from over a year ago, and I know that Merion Mom DID eventually get the insurance company to pay her claim.

[dougp26364]

Dear friends and fellow travelers,

 

I come to the boards this afternoon with a pounding heart and a wet face.

 

After not hearing from my insurance company for more than six weeks after filing my claim, I called them. Two days later, just now, the claims person called me back.

 

QUICK SUMMARY: We were scheduled to sail on a New Year's Eve cruise on the Jewel of the Seas, departing on 12/26/04. USAir that weekend had MAJOR difficulties. They lost tens of thousands of passengers' bags. They cancelled HUNDREDS of flights. Our flight was cancelled. Despite hours of frantic work, we were unable to find a flight that would get us to Fort Lauderdale before the ship sailed at 6 P.M. on Sunday, 12/26. I managed to find us a flight that would get us to Florida later that night, and I arranged for a rental car to drive to Key West, the ship's first port of call. Royal Caribbean said that we were forbidden from boarding in Key West. (longer story not for this posting). We were thus stuck at home instead of going on our cruise.

 

Yes, I had purchased travel insurance, from a company recommended on the boards. Yes, it seemed to cover our loss.

 

Today, "Melissa" informed me that they only cover our loss if the flight is cancelled for one of THREE reasons: official labor strike, inclement weather, or mechanical failure of aircraft. Period. Not covered. Not getting a penny back. I am out BIG BUCKS here.

 

I asked her, WHY WOULD I WANT TRAVEL INSURANCE if things like this, TOTALLY beyond my control, are not covered by said travel insurance? She verbally shrugged, and told me that it wasn't covered, no money, tough luck.

 

 

Carol

 

Oh, yes, some of you will want to know the name of this insurance company. It is one of the big ones on "insure my trip", a highly recommended website here on Cruise Critic. The company is CSA travel.

__________________

 

We had a very similar problem with Travelsafe insurance when we were prevented from disembarking in Barcelona Spain due to a fisherman's strike which blocked all the Spanish ports. Travelsafe and Travelguard where two of the companies that did NOT pay. Oddly enough, CSA was one of two companies (the other being TravelEx) that did pay. Of course, in this case, it was a labor strike that caused the delay.

 

What I learned from all of this was that it is important to read the policy VERY CAREFULLLY to know what it will and won't pay for. Unfortunately, withe travel delay and trip interuption there are tons of reasons they won't pay for and very specific (named perils) that they will pay for.

 

It is very frustrating and I've learned not to count on trip insurance to really be there when I need it.

[MrPete]

Let me buy a birthday cake for this post! :rolleyes: