Credit Card payment & Volcanic Ash Refund

bes1971

Sect 75 & Volcanic Ash Holiday Chaos
Travel insurance companies are now declining claims for lost holidays if travel insurance was taken out after April 14. The holiday in question is Fly/Cruise booked directly with the cruise company & not a travel agent and paid in full by credit card.
Whilst the flight portion will be covered by the atol carrier & any out of pocket expenses by EU regulations I am wondering what would be the best way of recouping the balance of the cost of the cruise. Would a claim under Sect 75 against the credit card company be succesfull, particularly if payment was made prior to April 14?

Incapuppy

On what grounds? I'm sure the cruise company were perfectly willing and able to supply the cruise you had booked.

r18rws

Agree with that. Incapuppy.

bes1971 - you might find the approach of asking for goodwill from the cruiseline gets you further, even as a credit towards future cruise on same ship etc.

I don't beleive you have any redress to get the money refunded by anyone other than insurance which as you have stated does not cover you.

Unhelpful for this situation today but my advice would be to book a package next time.

dzug1

bes1971 wrote: »

Sect 75 & Volcanic Ash Holiday Chaos
Travel insurance companies are now declining claims for lost holidays if travel insurance was taken out after April 14. The holiday in question is Fly/Cruise booked directly with the cruise company & not a travel agent and paid in full by credit card.
Whilst the flight portion will be covered by the atol carrier & any out of pocket expenses by EU regulations I am wondering what would be the best way of recouping the balance of the cost of the cruise. Would a claim under Sect 75 against the credit card company be succesfull, particularly if payment was made prior to April 14?

No it wouldn't. Section 75 would only kick in if the cruise company failed to follow its own T&C concerning refunds on cancellation by you.

The April 14 date is irrelevant here.

Second thoughts - if it was a fly cruise booked with the cruise company it MAY (and only may) be a package holiday and therefore the cruise company IS liable. Have a close look at their T&C.

bes1971

r18rws wrote: »

Agree with that. Incapuppy.

bes1971 - you might find the approach of asking for goodwill from the cruiseline gets you further, even as a credit towards future cruise on same ship etc.

I don't beleive you have any redress to get the money refunded by anyone other than insurance which as you have stated does not cover you.

Unhelpful for this situation today but my advice would be to book a package next time.

I would agree with your observations IF I had booked the cruise & then seperately made my own arrangments to get the the ship ie booked my own flight independently.
In this case I booked a "package holiday" - the the whole holiday booked was a "cruise with flight" to & from UK on a flight charted to the cruise company for the sole use of cruise passengers(ie a Fly/Cruise) so therefore the Cruise company failed fulfill their obligations.
Does this put a different light on the matter? I hope so?

r18rws

bes1971 wrote: »

I would agree with your observations IF I had booked the cruise & then seperately made my own arrangments to get the the ship ie booked my own flight independently.
In this case I booked a "package holiday" - the the whole holiday booked was a "cruise with flight" to & from UK on a flight charted to the cruise company for the sole use of cruise passengers(ie a Fly/Cruise) so therefore the Cruise company failed fulfill their obligations.
Does this put a different light on the matter? I hope so?

I woudl say it does yes.

Which company created the package for you?

If it really is a package, and that is someties difficult to work out depending on how its sold by the company involved, then I would say you are entitled to a full refund.

The package provider shoudl have their own ATOL and the booking shoudl have been sold under that ATOL.

Maybe if you provide list of the booking (UK flight departure is important) and info on how the invoice appears and what is said we can give additional advice.

HTH

R

bes1971

r18rws wrote: »

I woudl say it does yes.

Which company created the package for you?
NCL. Sold as a "Fly/Cruise" package

If it really is a package, and that is someties difficult to work out depending on how its sold by the company involved, then I would say you are entitled to a full refund.

The package provider shoudl have their own ATOL and the booking shoudl have been sold under that ATOL.
ATOL# qouted on booking confirmation

Maybe if you provide list of the booking (UK flight departure is important) and info on how the invoice appears and what is said we can give additional advice.
Flight from Heathrow on BA flight chartered by NCL. Booking confirmation Itinerary includes flight details both outbound & inbound. Destination is within the EU
HTH
R

The more I think about it
- EU rules should give me reimbursment on flight + expenses as flight is with an EU carrier and within the EU
- Assuming no money back from NCL then Section 75 should cover the balance of my outlay as holiday was purchased as a package (Cruise + all Flights to & from) as detailed on the Booking Confirmation

Heres hoping

luci

bes1971 wrote: »

Would a claim under Sect 75 against the credit card company be succesfull, particularly if payment was made prior to April 14?

If the package was paid prior to 14 April, when was the insurance taken out?

bes1971

The 16th April unfortunately

Cityboy_2

bes1971 wrote: »

The 16th April unfortunately

Lesson for next time: Insurance should always be taken out at time of booking a holiday/trip NOT after the event, unless you have an annual policy. This doesn't just apply to the Ash episode but ALWAYS.

tiff

I wish people would stop saying book a package next time. You dont need a package when flying to visit family, you dont need a package when you have airline loyalty points to use.