NCL - do not do business with this cruise line, they renege on agreements

[StolidCruiser]

Your frustration is understandable. You were led to believe in two separate communications you would be reimbursed the £97.00.

 

A third communication post-cancellation apologized for the incorrect reimbursement offer previously given: After reviewing your booking, its with regret that I have to advise that the £97.00 is not on offer for the cancelled Norwegian Jade sailing. You should however be able to claim via your insurance company for any expenses incured. I'm very sorry for any confusion caused by myself and my colleague's.

 

Very poor customer service to disseminate inaccurate information compounded by the situation of having a cruise cancelled to begin with.

Edited August 19, 2015 by StolidCruiser

[Demonyte]

OP cancelled their non-refundable third party flights as described here: http://boards.cruisecritic.com/showthread.php?p=47443181

[zqvol]

I'm still waiting for the e-mails from before this exchange that explained the original offer concerning refunding airfare.

 

 

We are only getting the story that the OP wants to publish.

[rvsullivan]

NCL should make him whole! He made the decision to cancel based on information provided by them, then when he takes the plunge, NCL changes their story. He, nor the insurance company should have to pay for NCL's cancellation of a trip they didn't intend to sail in the first place.

 

To the OP: You should definitely escalate the situation. I believe in the UK the law is on your side to boot. Don't give up - keep fighting for what you are owed.

 

Jane, did you read the above posts? OP originally was telling NCL he wanted to rebook, and was told that in doing so they would arrange for him getting his airfare returned. Later posts indicate OP did not want to cruise with NCL at all and cancelled. Last email from NCL said that there would be no refund and to get it from insurance.

[maywell]

OP cancelled their non-refundable third party flights as described here: http://boards.cruisecritic.com/showthread.php?p=47443181

Thank you - Sadly, that's the gamble one deals with when booking things separately and then change of plans....

 

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[SteveH2508]

Small Claims Court - a binding contract was in place between yourself and NCL (offer, acceptance, consideration, intention to create legal relations were all present therefore a binding contract).

 

They have breached the contract - they should be liable for any reasonably foreseeable losses that you incur (which would certainly include air cancellation fees IMHO).

 

Basically, their fundamental breach of the contract renders them liable to restore you to the position you would have been in had the contract never been entered into by way of damages (AKA money).

 

Get on to Citizens Advice Bureau or Trading Standards.

 

There may well be some EU law on your side as well (unless you booked through US).

 

To all the other (US) posters -this is subject to UK/EU law not US law - it is VERY different. If booked through NCL(UK) it is specifically subject to UK law in the T&Cs.

Edited August 19, 2015 by SteveH2508

[Jane Don]

Jane, did you read the above posts? OP originally was telling NCL he wanted to rebook, and was told that in doing so they would arrange for him getting his airfare returned. Later posts indicate OP did not want to cruise with NCL at all and cancelled. Last email from NCL said that there would be no refund and to get it from insurance.

 

 

But they told him twice he would be reimbursed. If they weren't wrong, they wouldn't have apologized for providing inaccurate information. Put the kool aid down man, you're drunk.

[peteukmcr]

How do you book airfare over a year out?

With an UK airline that offers flights up to and including October 2016 that's how.

[peteukmcr]

There was no insinuation at all!!! As I said, it appears there is something missing and now you have provided it.

Makes a little more sense now. Your final answer clears up the fact that they say you were given bad info as your cruise does not qualify for any refund. They further apologized for the mistake and quite correctly informed you that you should rightfully collect from your insurance company. I hope you will now pursue the insurance claim that you are entitled to.

Thanks for clearing it up. As you can see, this had nothing to do with being a cheerleader, just you leaving out a crucial bit of info.

Why should I claim on insurance and lose money by the excess all UK travel policies deduct from all claims when I didn't cause the cancellation and NCL have already agreed to pay?

 

Can I ask why was your cruise cancelled in the first place was it Ncl that cancelled your cruise

Yes NCL cancelled our original cruise.

[davesgirl51]

OP how were you able to book airfare so far in advance (Sep/Oct 2016)? The furthest out I can book, here in the USA, is July 2016. Are things different in the UK?

 

Yes they are, by about 2 weeks.

[peteukmcr]

OP how were you able to book airfare so far in advance (Sep/Oct 2016)? The furthest out I can book, here in the USA, is July 2016. Are things different in the UK?

Yes with some airlines. Do you want proof of that too?

[abe3]

Okay - then file a complaint to EU consumer protection board if you feel.that NCL did you wrongly. Personally, I think they told you justly and within good reasonable time why they couldn't completely refund the airfare fee. That's going beyond the call of duty here in the US for cancelled cruise trips a year out.

 

Sorry that happen to you - whatever cruise or trip you go, be a enjoyable one. Also, I hope you win your insurance claim for the airfare.

 

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That is right. They did tell within a good reasonably time for the cancelled cruises. A year ahead of time is fair.

 

Hopefully your insurance claim will go through.

[peteukmcr]

I'm still waiting for the e-mails from before this exchange that explained the original offer concerning refunding airfare.

 

 

We are only getting the story that the OP wants to publish.

What more do you want? There are no other emails! All other discussion was via phone on the 3rd and 15th August, which by the way as is normal in the travel trade will have been recorded, and during which it was confirmed that if I had to change my flights as a result of changing to another sailing with NCL or if I cancelled as I didn't proceed with NCL then they would refund up to £97 per person. You are NOT just getting the story I want to publish how dare you.

[mjkacmom]

In the first email, the NCL rep mentions the OP changing the reservation

 

I have been waiting for update as to when we will be able to change your sailing over to your required date.

 

Any receipt’s you have for flight and hotels please forward them to me directly and I will get our finance and guest relations team to refund you accordingly.

 

We are hoping that we can change reservations sometime next week but I’m not sure it will be definitely on Monday but please call and we can check.

 

 

However, it seems like talk of a refund ended when the OP decided to just cancel, and not re-book. If the OP was a USResident, definitely out of luck. I'm not familiar with the UK cruise contract.

[hondorner]

You came on Cruise Critic in some mistaken belief that it would help, or just to slam the cruise line for your misunderstanding. Of course, folks will try to come up with some alternative situation; that's how they dare! You also started off by giving the rest of us orders to do no business with NCL based purely on your perception -- wrong way to start off.

 

I used the phrase "misunderstanding" carefully. In the first email, it was plain the amount would cover changes caused by booking a replacement cruise. In the second email, that key information was omitted. In the third email, it was explained that the refund would NOT be given for a pure cancellation, and an apology was issued for the omitted information in the second email.

 

That third email, explaining the refund would not be issued if you did not CHANGE your flight plans for a replacement cruise, and apologizing for any misinformation, is easy to understand and should be seen as final.

 

The first and last emails are the operative ones; the second is incomplete. That's the missing information.

Edited August 19, 2015 by hondorner

[SteveH2508]

[quote name='maywell']Here's the thing - His beef is with NCL for not reimbursing the airline fee. He's complaining on a board that's not own by NCL but to another third-party. What is one suppose to expect from complete strangers that didn't hear the original conversation? Seashark is right - its a forum to talk about the good/bad of NCL , not a support group for only those ranting & raving about all the issues they have with them...

Sent from my SGH-T399 using Tapatalk[/quote]

Irrelevant - NCL are legally liable for those fees due to their breach of contract.

NCL are trying to duck out of their legal liabilities - that is legitimate comment on a board about NCL - we are commenting on the bad part of "good/bad of NCL". Edited August 19, 2015 by SteveH2508

[maywell]

[quote name='SuiteCruiser']You don't think saying you will provide payment and then 2 emails later saying you won't isn't bad on NCL's part?[/QUOTE]

1st email - looks like OP was still going to cruise with NCL, and they asked for the receipts of the airfare fees.

2nd email - looks like something was said over the phone earlier that doesn't appear in writing regarding the full cancellation on the OP. So NCL state it want time to review info and told the OP to send it again because they didn't get it the 1st email.

3rd email - NCL confirm, stated AND apologize why can't refund the airfare fee - because the full final cancellation was done on the OP's end.

Sent from my SGH-T399 using Tapatalk Edited August 19, 2015 by maywell

[SteveH2508]

[quote name='maywell']1st email - looks like OP was still going to cruise with NCL.

2nd email - looks like something was said over the phone earlier that doesn't appear in writing regarding the full cancellation on the OP. So NCL state it want time to review info and told the OP to send it again because they didn't get it the 1st email.

3rd email - NCL confirm, stated AND apologize why can't refund the airfare fee - because the full final cancellation was done on the OP's end.

Sent from my SGH-T399 using Tapatalk[/quote]

Irrelevant - the contract was for 'sail on ship X on dates Y to Z'. NCL won't provide that - thus fundamental breach of contract - thus they must compensate the injured party back to where the contract never existed (reasonably foreseeable losses only). Edited August 19, 2015 by SteveH2508

[mjkacmom]

[quote name='SteveH2508']Irrelevant - the contract was for 'sail on ship X on dates Y to Z'. NCL won't provide that - thus fundamental breach of contract - thus they must compensate the injured party back to where the contract never existed.[/QUOTE]

In the cruise contract, there is language which pretty much states they can adjust the amount of days they sail, the ports they go to, the hours they stay, and that they can cancel cruises.

[Shawnino]

[quote name='SteveH2508']Irrelevant - the contract was for 'sail on ship X on dates Y to Z'. NCL won't provide that - thus fundamental breach of contract - thus they must compensate the injured party back to where the contract never existed (reasonably foreseeable losses only).[/QUOTE]

Might actually be more depending on jurisdiction and depending on when boked.
NCL was selling these cruises long after they had no intention of sailing them.
Given that they required deposits for these cruises that were never going to happen, that smells like fraud.

[Theodorable]

In Canada and the US we would have to go through our insurance company to be reimbursed for our plane tickets unless we had booked the flight through the cruise company. This is the case for all cruises and flights (booked independently). In the UK it might be a bit different.

There is always a disclaimer in the cruise material that a cruise can be cancelled or itinerary changed at any time.

Because you booked your flight so far in advance you took the chance that there would be no change to your cruise. As I always use my credit card for booking cruises/flights etc. I am automatically covered under my credit card for any cancellations/costs incurred that would not be covered by the cruise line. In the UK (I was born there and my parents still live there), you have to take out insurance on any trip that you purchase and as such, any costs not incurred by the cruise line have to go through your insurance.

Unfortunately, the cruise line is under no obligation to refund you any costs towards your flight. As you mentioned in your email, they would only do so if you were changing your cruise....but you were not...you actually cancelled it.

I am sorry that you are so upset about this....but it is so far away, that the chances of cancellation/change are quite high. All lines do this not just Norweigian.

[maywell]

[quote name='SteveH2508']Irrelevant - the contract was for 'sail on ship X on dates Y to Z'. NCL won't provide that - thus fundamental breach of contract - thus they must compensate the injured party back to where the contract never existed (reasonably foreseeable losses only).[/QUOTE]
The contract states a sailing, doesn't necessarily mean its going to be exact dates on ship you original book on, due to XYZ reasons - this case, ships in question being redeploy elsewhere. Go read the contract for both the US and EU/UK - it states it plain that they can change sailings (meaning the timeframe too) at any time.

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[Shawnino]

[quote name='mjkacmom']In the cruise contract, there is language which pretty much states they can adjust the amount of days they sail, the ports they go to, the hours they stay, and that they can cancel cruises.[/QUOTE]

True, but an argument that alleges fraud, that is, that NCL was selling trips and taking deposits long after they knew these cruises would not be sailed, would supersede the contractual language you speak of in many jurisdictions.

It's one thing to give yourself loopholes to wriggle out of. It's another to advertise and take deposit on a good you have no intention of providing.

[SteveH2508]

[quote name='mjkacmom']In the cruise contract, there is language which pretty much states they can adjust the amount of days they sail, the ports they go to, the hours they stay, and that they can cancel cruises.[/quote]

Only legally valid up to a point in UK - there is a 'test of reasonableness' - a port change/time in port change would be seen as reasonable. This is a complete change of ship/itinerary/time - the whole cruise is being changed. That would never pass the reasonableness test - it is a fundamental change to the terms of the contract so would render the contract void. The injured party is therefore able to sue for damages to restore them to the position they were in before the contract existed.

Do I need to type this in upper case to get the point across to some posters?

[SeaShark]

[quote name='SteveH2508']Irrelevant - the contract was for 'sail on ship X on dates Y to Z'. NCL won't provide that - thus fundamental breach of contract - thus they must compensate the injured party back to where the contract never existed.[/QUOTE]
Even an armchair lawyer should know enough to a) check the contract first, and b) depose BOTH parties in the matter.

But that would upset the agenda.


All I see here is a poster who belives that they are 100% right and every single person at NCL is 100% wrong having a public tantrum.

All I see here is a poster who believes they are 100% right and everyone here is a "cheerleader" who is 100% wrong.

All I see here is the usual bashers who are more than willing to take anything derogatory as pure gospel in support of their continual trolling.


BOTTOM LINE: We won't do anything about it, we can't do anything about it, so why even bother to continue wasting your time on this topic? This is really a topic for ConsumerAffairs dot com. Edited August 19, 2015 by SeaShark