Only FCC being offered for cancelled cruise

[Poppy45]

All Red Sea cruises next year on Explora 1 have been cancelled but we are only being offered a FCC equivalent to monies paid. Surely they should offer to refund any deposits made?

Edited September 11 by Poppy45

[parallax]

Typically, this is what cruise lines will try to push.  When Covid hit, all cruises lines sought to provide a FCC for cancelled cruises.  However, legally, at least in the US, we had a right to refund.  I would work with your travel agent if you really want a refund.  

[CruiseCrew123]

They have to offer a refund in the UK too . If they don’t then go through you credit card company for a charge back 

[uktog]

ABTA rules in the UK. They have to refund. Sadly this is not the first time Explora have had to be pulled up re compliance with UK Travel trade regulations 

[Cody-wody]

I had a similar experience.. give them a deadline and tell them you'll contact your credit card company for a refund if they miss it. I got my refund within days. 

 

These companies HATE chargebacks and your entitled to a chargeback if the product/service isn't delivered. 

 

As an aside, what a slimy thing for them to do..... luxury... uh huh. 

Edited September 12 by Cody-wody

[cruisr]

The product/service contracted for will not be delivered.  You are entitled to a full refund and your CC company will agree.  This is based on past experiences.

[uktog]

3 hours ago, cruisr said:

The product/service contracted for will not be delivered.  You are entitled to a full refund and your CC company will agree.  This is based on past experiences.

Whilst absolutely you can go after with your CC company the only way to stop this flagrant breech of legal obligations in the UK is for you or your travel agent to report MSC/Explora to ABTA. It won’t be the first time they’ve been pulled up. 

[crickette]

I haven't followed the Explora offerings to replace the Red Sea cruises.  But, if they are offering replacement cruises, the fine print in your contract allows them to change or substitute ports at their discretion.  Study the fine print to determine your rights.

[uktog]

16 minutes ago, crickette said:

I haven't followed the Explora offerings to replace the Red Sea cruises.  But, if they are offering replacement cruises, the fine print in your contract allows them to change or substitute ports at their discretion.  Study the fine print to determine your rights.

That fine print is an unenforceable term under the UK consumer legislation in relation to the Travel trade regulations .  Doesn’t matter if it’s in the contract you’ve signed it falls under the unfair contract terms act regulations.
If the cruise is considered significantly different to that originally offered (and this change is) then the guest has the right to cancel and receive a full refund. Under the legislation that right should be explained to guests at the time that any communication is sent significantly changing the itinerary.  MSC know this, it’s so disappointing they rely on passenger ignorance of their rights to  force people to transfer a booking to another Cruise

[Sololux]

I agree.  To me it’s a fundamental change to what was originally contracted to so I would also expect, under U.K. law, that a full cash refund was due.  
I have booked with a U.K. travel agent for this very reason.  Yes, I would have got a better price and/or OBC with a US TA but mr rights would have been weakened.  It’s ok if you are paying a low figure but when you’re into anything above 10k stg, euros, dollars one wants consumer protection!

[Elizabethbea]

 Deary me --we do not need to get into Consumer Law of the country where you booked the cruise. Your rights are the same whether your TA is from USA or GB--it depends on the calibre of the TA. I live in Australia and have a US  Travel Agent --because she is excellent --nothing to do with Consumer Law. ( But yes I do get a better price). So, sorry--your rights are not "weakened" if you book with a US Travel Agent.  You get very similar " consumer protection " in  GB, USA, Aus, NZ etc. Anyway with respect one does not need to immediately jump to the law--its a heavy handed.  If you have paid for something , or part paid, and it is not supplied, just ask for your money back. Nicely. Really very simple and no agro or rushing to quote the law.

[Elizabethbea]

 To avoid misunderstanding--TA s ability to achieve the desired result for you --does not depend on the consumer rights of your country. Not at all.

 

[uktog]

10 hours ago, Elizabethbea said:

 To avoid misunderstanding--TA s ability to achieve the desired result for you --does not depend on the consumer rights of your country. Not at all.

 

Disagree I have an excellent calibre TA and they had to play the legal card twice in the UK

[Elizabethbea]

 What do you mean by "had to play the legal card". Cruise lines have legal advisors on tap. Your TA isn't a lawyer.  Cruise lines are a business,  once they realise you know your onions they are usually very reasonable.  Maybe your TA is egging the cake?

[uktog]

4 hours ago, Elizabethbea said:

 What do you mean by "had to play the legal card". Cruise lines have legal advisors on tap. Your TA isn't a lawyer.  Cruise lines are a business,  once they realise you know your onions they are usually very reasonable.  Maybe your TA is egging the cake?

I find that comment offensive. My very trusted agent who heads up the cruise side of a large UK agency would not egg the cake. They know the UK travel trade regulations they are not lawyers but professionals who are also bound by the same regulations. 
The agency used their usual escalation route and expected the cruise line to immediately recognise their obligations under UK law without having to remind them. They did not. 
Therefore the agent had to resort to reminding the cruise line that whoever was advising them was clearly unfamiliar with UK Travel regulations. Travel agents shouldn’t have to do this cruise lines should know the travel regulations of the markets they do business in. Secondly maybe once overlooking the regulations might be forgive twice is totally unacceptable 

[CruiseCrew123]

I was thinking the same !! Not nice at all