My parents were denied boarding on Holland America 30 day cruise, need help

[puffy16]

Long story short my parents in 70s who have been cruising for very long time now, booked a 30 day cruise. They were suppose to sail from Buenos Aires on Feb 18. They got their boarding pass and everything but when they arrived to board they were denied. They were told they did not have proper Brazilian temporary visas. They got email 4 days before they left for cruise that they needed Visas and they filed paperwork online right away and apparently Brazilian embassy did not clear them in time for cruise. They could not contact embassy on day they were suppose to leave because it was holiday and Holland America did not allow them to board (even thought they were not going to get off ship in Brazil or even hit Brazilian waters for 3 days after they started cruise). The frustrating part is they got confirmation from embassy next day but ship already left. They flew home and that was end of it. They are out close to 20k and even though they had 2 insurances neither one of them is covering it. Issue I have is that they had no idea they needed visas till 4 days before cruise and Holland even gave them boarding passes! If they were not clear to board why would they get boarding pass? This is very frustrating for my elderly parents who spent a lot of money on this cruise an now looks like they will not get any back. I contacted several lawyers in Seattle (where Holland is based) but most only take injury cases. Any help would be appreciate it.

[Markanddonna]

Maybe you could ask this on the HAL board, but I'm pretty sure that being aware of the need for a VISA was on the passenger. I traveled to Australia this fall on a cruise and someone asked if I knew we needed a VISA for Australia. I said yes (I always follow the roll call and someone reminded us) and he told me that about 800 Americans had to process their VISA onroute to Australia as they didn't know. RCL kept putting in the notice about the need for a VISA in their daily and I thought that was strange, but now I know why.

 

RCL never checked to see if we had an Australian VISA before we boarded, although it is placed on our passport electronically and maybe they could tell somehow (I doubt it.)

 

I'm not at all being critical because we were also going to New Zealand and I NEVER checked. Thank goodness they allow Americans a three-month visit without a visa. That taught me a lesson.

 

Also, I have a friend who has dual citizenship in Brazil and he told me how complicated their rules are. BTW- did HAL send your parents any emails warning them about this?

[Keith1010]

This is the link for the HAL Board.

 

https://boards.cruisecritic.com/forumdisplay.php?s=&daysprune=-1&f=171

 

I am very sorry about this situation but Visas are the responsibility of the guest and not the cruise line.

 

Maybe someone on that board will know who you can contact at HAL to see if there is anything they can do for your parents.

 

Keith

[WisconsinFan]

My parents did this exact same cruise a year or so ago. They have a trusted TA that they use (they are 79 and 80) and the TA keeps them up to date on VISA requirements as well as vaccines. I am sorry that this happened to them, but as another person said you need to know and understand the entrance requirements of each country you are entering.

 

The ship is responsible to have all the paperwork in order before they leave on the voyage or face some serious issues.

[Toofarfromthesea]

Although it sucks for your parents, sadly it is completely self-inflicted. What kind of help are you looking for?

[Flatbush Flyer]

Long story short my parents in 70s who have been cruising for very long time now, booked a 30 day cruise. They were suppose to sail from Buenos Aires on Feb 18. They got their boarding pass and everything but when they arrived to board they were denied. They were told they did not have proper Brazilian temporary visas. They got email 4 days before they left for cruise that they needed Visas and they filed paperwork online right away and apparently Brazilian embassy did not clear them in time for cruise. They could not contact embassy on day they were suppose to leave because it was holiday and Holland America did not allow them to board (even thought they were not going to get off ship in Brazil or even hit Brazilian waters for 3 days after they started cruise). The frustrating part is they got confirmation from embassy next day but ship already left. They flew home and that was end of it. They are out close to 20k and even though they had 2 insurances neither one of them is covering it. Issue I have is that they had no idea they needed visas till 4 days before cruise and Holland even gave them boarding passes! If they were not clear to board why would they get boarding pass? This is very frustrating for my elderly parents who spent a lot of money on this cruise an now looks like they will not get any back. I contacted several lawyers in Seattle (where Holland is based) but most only take injury cases. Any help would be appreciate it.

 

 

 

Sorry that they feel they got screwed. Nonetheless, it's pretty much common knowledge (easily researched on the US State Dept. website) that Brazil requires US citizens and folks from certain other countries to pay a reciprocity fee and/or obtain a visa. Don't know when your folks finally applied but, up until January of this year, it was a very cumbersome process for Brazil. However, the country had recently changed over to online ETAs.

Of course, that doesn't help your folks if they've already missed the cruise.

I do find it odd that their TA and/or HAL didn't inform them about any visa requirements (maybe your folks missed a communication?). But, tgat might be irrelevant because the fine print on their contract probably says all travel docs were/are the passengers responsibility.

At this point, it's s long shot but, perhaps travel writer/ombudsman Christopher Elliott would be willing to intervene: http://www.elliott.org

Finally - on behalf of all us geezers: being 70+ years old is no excuse for not doing the homework.

 

 

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[Shorex]

This is a very sad situation and I do sympathize with your parents. However, this is not the first instance reported on Cruise Critic where travelers have been denied boarding for lack of proper travel documents. Whether or not they planned to get off the ship in Brazil is irrelevant, so let that point of discussion go. Holland, as other cruise lines do, explains in their What You Need to Know Before You Cruise section of the website that guests are responsible for verifying and obtaining any necessary travel documents.

 

Additionally, Holland provides a link to a

customized visa service that explains visa needs according to nationality and itinerary. Somewhere, I would wager, in all the cruise documents provided by Holland and certainly by the travel agent (if one was used) was a timely line discussing the need for a Brazilian visa.

 

Holland America was not negligent. Likely you will find compassionate understanding here, but not an avenue for financial redress.

[katrina915]

They have a trusted TA that they use (they are 79 and 80) and the TA keeps them up to date on VISA requirements as well as vaccines.

 

You can't always count on a TA either which is a shame. My TA never told me that I needed a visa to enter France many years ago. May have been new requirement, but TA knew where I was staying and never informed me.

 

So sorry for your parents! I hope HAL can get them on a different cruise.

[ger_77]

I feel bad for your parents, but this isn't a Holland America issue, it's the responsibility of the passengers to know what visas are required for travel. It's like showing up for an international flight without a passport - you will be denied because the transportation companies have to have their documentation in order before sailing or flying.

 

My question is this: who booked the cruise for them? If it was a TA, I would certainly start dealing with their office as to why the requirements were not clearly stated. If they booked it themselves, or if you booked it for them, then there is no one to blame but themselves. Unfortunately, insurance will not cover something like this.

 

Smooth Sailing! :) :) :)

[wishIweretravelling]

Can they join the cruise at a later port? The airfare will likely be expensive, but it undoubtedly will be less than the 20K price of the cruise.

[Velvetwater]

Sorry about what happened to your parents...

 

Unfortunately there seems to be few legal legs to stand on.

 

 

1) Holland America probably has a clause in their T&C saying passengers need to check Visa requirements which your parents will have agreed to when purchasing the holiday and getting the boarding pass. The visa email could be seen as purely a polite/check measure.

 

2) Holland America's hands were tied if the Brazilian government has protocol in place. If they had let your parents aboard they would be breaking the law and incurring fines of their own or worse.

 

3) The boarding pass is given when the cruise lines requirements are met (paid up, passenger details etc) not when country requirements are met therefore for the cruise line have no way of knowing which passengers have the right information...that's not their job and they assume a passenger has made the right requirements.

 

4) A court may argue that if your parents are seasoned cruisers then they should know to check visa requirements.

 

Was there any way they could have joined the next port of call or did Holland America not allow that?

[klfrodo]

Probably won't like my answer.

 

1. If they used a TA, they can probably go back against the TA for not informing them. TA's do carry Errors and Omission insurance for instances like this.

 

2. If they booked on their own,,, they are on their own. Visa's are the responsibility of the passenger, not the cruise line. The Terms and Conditions very clearly spell this out.

 

3. You have some responsibility here also in my opinion. You make it very clear that they are elderly, not well traveled, and since trying to blame others you knew they needed help in understanding the whole process of travel.

 

4. What "could" have happened is that once they got the Visa approval, they may have been able to catch up to the ship (with HAL's approval) and continued on with the cruise. Insurance "would" have covered these extra expenses under Trip Delay.

[paul929207]

Sorry your parents have this problem. As mentioned above, it is the passengers responsibility to get any required visa. Brazil will not let the ship into port if even one passenger does not have the required visa.

[WisconsinFan]

I doubt they will come back and read these. They posted on the HAL board as well and are getting the same feedback- and no, they haven't been back.

[jlp20]

No knowledge about Holland. Right on Princess web site they spell out cruise line is not responsible your travel documents. A simple one day re-positioning trip still requires at least a valid driver's license. No one asks to see it until your boarding.

[Langley Cruisers]

I doubt they will come back and read these. They posted on the HAL board as well and are getting the same feedback- and no, they haven't been back.

 

Well, OP posted less than 2 hours ago. :o

[capriccio]

OP - if your parents used a TA is it possible they just missed the advisory that a visa was required? On our Princess Valparaiso to Rio cruise last year, "Visa for Brazil" was highlighted on my TA's confirmation and receipt. In the disclosure portion of the confirmation which is boilerplate across cruise lines, there is an entire section entitled

 

Passport, Visa, and ESTA Requirements:

It is the passenger’s responsibility to ensure that they have the necessary documentation for their cruise. Failure to produce the necessary documentation at the pier will result in denied boarding and no further compensation will be offered by the cruise line or [TA's name].

 

Certain countries, such as

Brazil

, Turkey, and China, among others, require a visa for visitors...

 

[ger_77]

3. You have some responsibility here also in my opinion. You make it very clear that they are elderly, not well traveled, and since trying to blame others you knew they needed help in understanding the whole process of travel..

 

You may have mis-read the OP's post where it was stated "my parents in 70s who have been cruising for very long time now." As long time cruisers, they should have been aware that they were traveling to a different part of the world which "may" require a Visa.

Smooth Sailing ! :) :) :)

[Bizmark'sMom]

While I'm sorry to hear about this, it is the responsibility of the traveler to know the visa requirements of each country. Your parents are out of luck.

[luvscruising2007]

I don't want to pile on but why didn't they immediately contact their TA and find out how to join the cruise at another port. I wouldn't have walked away from $20,000.

[Essiesmom]

Our first modern day cruise in 1999 on Princess, we boarded in Buenos Aires, destination Manaus. Of course, visa was required for Brazil. There were passengers onboard from the previous cruise from Santiago. One had neglected to get a Brazil visa, for whatever reason. She was debarked the next day in Montevideo to obtain her visa and rejoined the cruise in Rio (at her own expense). The parents could have done the same thing. Perhaps without some hand holding, they were not able to contemplate this. EM

[taglovestocruise]

I don't want to pile on but why didn't they immediately contact their TA and find out how to join the cruise at another port. I wouldn't have walked away from $20,000.

 

My thoughts exactly. If they got the required paperwork the next day they could have boarded at the first port.

[Tiggertastic]

If the paperwork came through the next day I would have flown to the next port and arranged with HAL to board there.

 

 

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[6rugrats]

There are plenty of attorneys here in Seattle, but most don’t want to take a losing case.

What’s your cause of action? You have nothing to sue for. It’s not the responsibility of a TA, a cruise line, an airline, etc., to make sure a traveler has the necessary travel documents. This boarding denial was due to the failure of your parents to obtain the visa they needed.

I also don’t understand why they didn’t board, as already mentioned, at the next port after they got the visa. I don’t know any travel insurance policy that will pay a claim due to denied boarding because the passengers were missing required travel documents.

It’s a shame.

[ptf2009]

This situation is soooo unfortunate:( I feel so sorry for them because I know hoe much we all look forward to our cruises: counting down the weeks, days and hours. What a price they are paying for a human error. May this be a lesson for all of us cruisers.

 

This thread made me look at the US state dept.’s site for our cruise. We are on a closed looped cruise from Fort. Lauderdale, but one of our stops is Roatan, Honduras. Honduras states that you have to have a passport that is good for at least 6 months. I wonder if the cruisers who only bring their birth certificates will be okay. I’m so glad I had my DH renew his passport that would have expired in May.