Reasons to deny boarding & refund

[Chalker Guy]

We (party of 6) were booked on Divina Jan 30 2022 cruise, 3 cabins.  All 6 are fully vaccinated, and at least 4 are Covid survivors.  One became ill and tested positive on Jan. 25.  According to MSC's website, "If you test positive for COVID-19 within 14 days prior to or during your cruise, you and your traveling party will receive a full or prorated refund and assistance......"  Also, "You will be denied boarding if you:  Have had potential exposure to a suspected or confirmed case of COVID-19 within 14 days of embarkation."

 

Sounds to me like we should get a full refund for all 6, since the other five were clearly exposed to the one who tested positive.  HOWEVER, MSC is offering a refund only to the occupants of the cabin of the one who tested positive, with full forfeiture for the other two cabins.  For several reasons, transferring the booking to a future MSC cruise doesn't work for us.  Anyone else have a similar experience?  Did you resolve satisfactorily?  We are working through a travel agency.

[FrostyJoe]

1 hour ago, Chalker Guy said:

We (party of 6) were booked on Divina Jan 30 2022 cruise, 3 cabins.  All 6 are fully vaccinated, and at least 4 are Covid survivors.  One became ill and tested positive on Jan. 25.  According to MSC's website, "If you test positive for COVID-19 within 14 days prior to or during your cruise, you and your traveling party will receive a full or prorated refund and assistance......"  Also, "You will be denied boarding if you:  Have had potential exposure to a suspected or confirmed case of COVID-19 within 14 days of embarkation."

 

Sounds to me like we should get a full refund for all 6, since the other five were clearly exposed to the one who tested positive.  HOWEVER, MSC is offering a refund only to the occupants of the cabin of the one who tested positive, with full forfeiture for the other two cabins.  For several reasons, transferring the booking to a future MSC cruise doesn't work for us.  Anyone else have a similar experience?  Did you resolve satisfactorily?  We are working through a travel agency.

I would take a very close look at second paragraph of page 7 of 25 on their terms found at and pasted below. https://www.msccruisesusa.com/-/media/usa/documents/booking-terms-and-conditions.pdf

 

On one hand one could make the argument that they are contractually obligated (best of luck though) to provide y’all a refund of FCC if y’all had the “close contact with a person confirmed of suspected as having COVID” within 14 days of embarkation. 
 

On the other hand, MSC can argue that MSC has not and will not “determine…that Passenger is unfit to board” until y’all present your self at the port, and MSC reviews the forms/tests and actually deny you boarding. 
 

What is absolutely clear (assuming they honor their contract) to me is that if they actually denied y’all boarding due to Covid exposure and y’all followed all the terms and conditions, then y’all are entitled to FCC or refund. 
 

Tough situation to be in. Since you have more than 48 hours left, it might be safest and easiest just to move the cruise further out vs rolling the dice with the refund. Wish y’all best of luck in dealing with MSC and please let us know what they were willing to do.  

 

Passenger agrees that if at any time within fourteen (14) days prior to embarkation, Passenger tests positive for COVID-19, exhibit signs or symptoms of COVID-19, has had close contact with a person confirmed or suspected as having COVID-19, or the Carrier otherwise determines, in its sole discretion, that Passenger is unfit to board because of any communicable illness, the Carrier will deny boarding to such Passenger as well as members of Passenger’s traveling party. Under these circumstances, unless the Carrier determines that the Passenger has failed to comply with the Carrier’s COVID-19 Health and Safety Measures or these Booking Terms and Conditions, any Passenger denied boarding will be entitled to a refund or future cruise credit equal in value to the amount Passenger paid to the Carrier, subject to Passenger providing verification satisfactory to the CarrierofresultsoftestsadministeredbyprovidersotherthanthoseretainedbytheCarrier. Under no circumstances shall the Carrier have any other liability for any compensation or other damages whatsoever including, but not limited to, compensation for lodging or travel.

 

Edited January 27, 2022 by FrostyJoe

[Morgsmom]

1 hour ago, Chalker Guy said:

We (party of 6) were booked on Divina Jan 30 2022 cruise, 3 cabins.  All 6 are fully vaccinated, and at least 4 are Covid survivors.  One became ill and tested positive on Jan. 25.  According to MSC's website, "If you test positive for COVID-19 within 14 days prior to or during your cruise, you and your traveling party will receive a full or prorated refund and assistance......"  Also, "You will be denied boarding if you:  Have had potential exposure to a suspected or confirmed case of COVID-19 within 14 days of embarkation."

key points - full or prorated. That part is still at their discretion.  

[Stockjock]

1 hour ago, Morgsmom said:

key points - full or prorated. That part is still at their discretion.  

Prorated refund presumably refers to contracting covid "during your cruise".  So if you got it on day 5 of a 10 day cruise, I would assume you'd get half of your money back.  Contracting covid before the cruise should entitle one to a full refund, per their terms and conditions.

Edited January 27, 2022 by Stockjock

[Morgsmom]

1 hour ago, Stockjock said:

Prorated refund presumably refers to contracting covid "during your cruise".  So if you got it on day 5 of a 10 day cruise, I would assume you'd get half of your money back.  Contracting covid before the cruise should entitle one to a full refund, per their terms and conditions.

You might think that, but the wording is much more ambiguous.  I'm NOT on MSC's side on this; I am saying that it is deliberately vague and leaves much to interpretation.....

[FrostyJoe]

Going back to the contract it states the following….I don’t think they defined “unused” portion of the cruise fare.  Is staying in isolation/quarantine used or unused? 🤷🏻‍♂️  I suppose one can make the argument if they didn’t kick u off the ship, you cruised in full….also they didn’t define what happens when you are in “isolation”. Isolation is confirmed Covid and quarantine is if they lock you up after contract tracing even if you test negative. 

“Under these circumstances, any such Passenger who is disembarked, refused re-boarding, or quarantined shall be entitled to a prorated refund or future cruise credit for the unused portion of the Cruise Fare.”
 

also, I think reading more cash refund is more likely not possible because MSC defines “refund” as the following:

 

“Refund” means a return of all or part of the cruise fare and is applicable only on the conditions described herein. A Refund may, at Carrier’s sole option, be issued in the form of a cruise credit certificate redeemable for a future cruise and valid for a period of at least one year from the date of issuance and which shall have no cash value. 

Edited January 28, 2022 by FrostyJoe

[FrostyJoe]

For the reasons presented above to the OP: I really suggest just doing a cruise move. I wouldn’t personally wanna play the refund lottery 

[mscdivina2016]

18 hours ago, Chalker Guy said:

We (party of 6) were booked on Divina Jan 30 2022 cruise, 3 cabins.  All 6 are fully vaccinated, and at least 4 are Covid survivors.  One became ill and tested positive on Jan. 25.  According to MSC's website, "If you test positive for COVID-19 within 14 days prior to or during your cruise, you and your traveling party will receive a full or prorated refund and assistance......"  Also, "You will be denied boarding if you:  Have had potential exposure to a suspected or confirmed case of COVID-19 within 14 days of embarkation."

 

Sounds to me like we should get a full refund for all 6, since the other five were clearly exposed to the one who tested positive.  HOWEVER, MSC is offering a refund only to the occupants of the cabin of the one who tested positive, with full forfeiture for the other two cabins.  For several reasons, transferring the booking to a future MSC cruise doesn't work for us.  Anyone else have a similar experience?  Did you resolve satisfactorily?  We are working through a travel agency.

This will work out like crap for you in the end.

You will need to present yourselves at the pier.

 

All the T&C are is a joke. They don't care about you and don't plan on a cash refund.

If all 3 cabins are on the same booking number then you might have a chance, but as one who has sailed with MSC 3 times in the last 7 weeks, things are fluid.

 

The close contact would be at their discretion. One could argue that every one on a plane is in close contact.

 Like it was suggested,move it otherwise 4 or 5 out of 6 are sailing.

Don't think you will call a lawyer or anything as they will laugh at you. There is almost nothing you can do, especially if you don't show up at the port.

[surmy555]

My wife and I were scheduled to cruise on Feb 6th. I tested positive on Jan 26th. Before the day was out My TA had moved the cruise to Feb 2023 with no problem. I love my TA (especially when dealing with MSC)