Cruise, as part of Package Holiday, Cancelled. My Rights ?

tbor

Booked a cruise with NCL (Norwegian Jade) via a travel agent which included flights to Singapore (via Dubai), 3 nights in Singapore then cruise from Singapore (embark 27th Feb) to Dubai. NCL cancelled the cruise last Thursday. Package was ATOL protected. We did not catch our flights to Singapore yesterday for obvious reasons. Travel Agent has offered alterantive cruise later in March which we cannot undertake. I've looked on ATOL website but it only refers to companies that have ceased trading even though the ATOL certificate refers to protection under the"PackageTravel and Linked Travel Arrangement Regulations". My Travel Agent seems unwilling to refund our full monies. I paid by credit cards and also have Cruise Cover insurance. What are my rights and how can I get my money back ?

Alan_Bowen

Since there has been no financial failure the ATOL Certificate is not the relevant factor here. It is clear the dominant reason for travelling was the cruise and without that, there was no point in travelling. Did you contact the agent or did they contact you and advise the cruise was cancelled? Some cruise lines are cancelling at the very last minute and the problem is that airlines are not offering refunds for flights to destinations, such as Singapore, where there is no advice from the FCO not to travel. Despite this, if it was the agent that packaged it all together they should be offering a refund except for the cost of insurance. I fear some agents are going to lose thousands doing this but that is the risk of creating your own packages 

tbor

Thanks for your reply. It was the agent who contacted me but from my own research I was able to find a letter from Katty Byrd, Vice President, Guest Services NCL to "Valued Guests and Travel Partners" stating that the cruise had been cancelled. Incredibly the NCL website is still telling me that I start my cruise in 3 days time. I've obviously misunderstand the "PackageTravel and Linked Travel Arrangement Regulations" on the government website if ATOL only comes into play when a company stops trading.

Alan_Bowen

ATOL offers financial protection when a company, for example, Thomas Cook, ceases to trade. That has not occurred in this situation, so your claim is against the company named on the ATOL Certificate as the package organiser

1trainer1

go back to your travel company and tell them as per package travel regulations you are entitled to a full refund as they have booked you a package, what does it say on your ATOL certificate?

tbor

All parts of the holiday from initial flight through hotel stays and cruise up to and including return flight listed on ATOL certificate. Travel company are being difficult to contact. You say my claim is against the company but does that mean I have to consult a lawyer and formally claim against them if they are refusing to converse with me? By the way they are not ABTA members which I presumed they were when I booked.

leylandsunaddict

Which company did you book the package through? What is the issuer's name on the Atol certificate?

tbor

The issuers name on the ATOL certificate is the one I booked the package with. I do not wish to disclose their name at this time lest it prejudice any future interaction with them from myself or my lawyers should I need to involve the latter.

leylandsunaddict

tbor said:

The issuers name on the ATOL certificate is the one I booked the package with. I do not wish to disclose their name at this time lest it prejudice any future interaction with them from myself or my lawyers should I need to involve the latter.

Ok, so you go back to them citing the Package Travel and Linked Travel Arrangements Regulations 2018 and tell them that you want a refund.
https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents

Alan_Bowen

As you won't name and shame there is nothing more we can do to assist you. Put your request for a full refund in writing and make it clear if they do not agree within 7 days you will claim the full cost back from your credit card issuer under section 75 of the Consumer Credit Act for a failure to deliver the package as booked

tbor

Thank you for your comments and information. I have previously trawled through the government website on the PackageTravel and Linked Travel Arrangements and found it most unhelpful as it consists of parliamentary legal jargon and doesn't explain how to claim. I found this website much more informative if, like me anyone is having similar problems. However I can't post a link as apparently "I have to be around for a little while longer". Just Google DASLAW and Package Travel Arrangements.