Section 75 protection for future cruise credits

[Debcor]

Good afternoon 

just wondering if you accept future cruise credits for a cancelled cruise then the cruise line should go into chapter 11 bankruptcy do you still have section 75 credit card protection as with the original purchase or do you forfeit protection when you accept the future cruise credits as this is not what you used the card to purchase. Would be nice to know before making a decision involving three separate bookings.

Many thanks in advance for any informed replies as we are struggling to find straight forward information by searching the web.

[PortFees45]

And would CruiseNext credits meet the same standard?

[zqvol]

This is an interesting conflict of law question. Good luck with an answer.

 

Personally I think that people with an FCC will be better protected than people who want or get refunds.

[bmwman]

Ok here is your answer …. Firstly did you use a payment services provider such as google pay or PayPal?

 

If you did best practice say S75 will not apply although not entirely clear 

 

As to applying if you accept a FCC it is moot but I would argue that 

 

(a) the FCC stand in shoes if the payment 

(b) If they give you a FCC and fail. that would still means that there is breach of contract.

 

However I can also see an argument that the FCC fulfilled the contract and S76 could be disapplied 

 

In summary the act does not cover this and you need to get written assurance from your credit card company as I suggest different cards will apply the rules differently. Anyone who gives you a categoric yes or no on this board (unless they can quote case law) must be ignored 

 

Good luck 

 

 

[cybergremlin]

On 3/25/2020 at 4:13 PM, PortFees45 said:

And would CruiseNext credits meet the same standard?

 

I would say no for CN credits as these are basically like a store gift voucher, which if you remember when high street shops go bust they become worthless