Is my contract with agent or cruise line?

stoneman

 I have a cruise (MSC) booked through an agent. (Cruise1st.) I am expecting it to be canceled shortly and informed the agent that if this was the case I would like a refund from them. ( MSC are only offering their European customers a future cruise credit, not a refund) They have come back and said I would have to chase the cruise line because in their (agents) T&C’s see below,  it says that they are only the agent and any query  I have would have to go direct to the cruise line. I thought my contract was with the agent? 
Or should I just bypass both and go for a section 75 with my CC company. 

"Your contract is with the suppliers of the services and your booking is subject to the suppliers  terms and conditions.  As we are acting as agents, or sub-agents, for these suppliers we accept no liability for any failure in the services or any loss of any nature suffered by you as a consequence of using the services."

sheramber

 from MSC website
MSC Cruises is offering guests affected by today’s decision Future Cruise Credit for 100% of the original cruise fare paid, plus additional on board credit. The future cruise credit can be used on any sailing departing on or before December 31, 2021. MSC Cruises hopes guests will choose to reschedule their cruise for a future date, however guests who are unable to do so will receive a refund equal to the original amount paid.
Please note this applies to all cancelled cruises.

For additional details guests should contact their travel agent, or visit MSC Cruises’ local website at www.msccruises.co.uk

Neil49

I'm not sure that you can rely on section 75 to claim your money back unless the transaction on your credit card bill states MSC rather than Cruise 1st.

If it's Cruise 1st, then your credit card company may claim that it is a 3rd party transaction given that Cruise 1st weren't supplying the goods/services (it was MSC).

https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases/

stoneman

Neil49 said:

I'm not sure that you can rely on section 75 to claim your money back unless the transaction on your credit card bill states MSC rather than Cruise 1st.

If it's Cruise 1st, then your credit card company may claim that it is a 3rd party transaction given that Cruise 1st weren't supplying the goods/services (it was MSC).

https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases/

Very good point thanks, yes transaction paid to agent. My understanding is that it means if you use a payment processor such as PayPal or iZettle.

daveoc22

I'm in the same position as the OP, an MSC cruise for April booked thru Cruise 1st. I too am awaiting the message from Cruise 1st to say cruise is cancelled and I can have a FCC, which I do not want.
 Looking at the MSC UK website it is currently showing that the FCC is for 125% and it goes on to say that if the FCC is not used the original full amount paid will be refunded, but not until December 2021.
On Cruise 1st own website it has a link to the current ABTA guidance which says that a FCC is NOT covered by ABTA if MSC were to go bust. For ABTA to cover it MSC would have to issue a RCN, refund credit note, for the full amount paid and this should then be refunded by MSC if not used by July 2020.
Cruise 1st seem to be purposefully ignoring the advice of ABTA, which they are a member of, and trying to push the FCC from MSC. 

stoneman

daveoc22 said:

I'm in the same position as the OP, an MSC cruise for April booked thru Cruise 1st. I too am awaiting the message from Cruise 1st to say cruise is cancelled and I can have a FCC, which I do not want.
 Looking at the MSC UK website it is currently showing that the FCC is for 125% and it goes on to say that if the FCC is not used the original full amount paid will be refunded, but not until December 2021.
On Cruise 1st own website it has a link to the current ABTA guidance which says that a FCC is NOT covered by ABTA if MSC were to go bust. For ABTA to cover it MSC would have to issue a RCN, refund credit note, for the full amount paid and this should then be refunded by MSC if not used by July 2020.
Cruise 1st seem to be purposefully ignoring the advice of ABTA, which they are a member of, and trying to push the FCC from MSC. 

Even MSC's own website T&C's as of today state 

15.2 If the cancellation prior to departure is due to an event of Force Majeure and/or any unusual /or unforeseeable circumstances beyond MSC Cruises or the Company’s control, the consequences of which could not have been avoided by MSC Cruises or the Company even though they have exercised all due care, MSC Cruises or the Company will offer the Passenger the choice of:

a) Receiving a full refund of all money paid; or

b) Booking another Holiday Package from the Company’s brochure and/or from the Official Website of equivalent or superior quality at no extra cost, if available; or

c) Booking another Holiday Package from the Company’s brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price.

daveoc22

Trouble is they mention a) but it seems they are not following thru and allowing you to have that option, other than if you wait until December 2021.

Dizzypole1958

I'm in a quandary. Booked an MSC cruise through Iglu, paid in full just a week before lockdowns by credit card. We're due to sail from Venice mid June. 2 weeks ago my wife's oncologist told us that we had to isolate until at least mid September (when my wife's chemo ends) as at present her immune system is virtually non existent. I know I can cancel now and get a refund if we wish, or if we wait and MSC cancel, we may qualify for the 125% voucher. My question is this. If we opt for the 125% voucher and MSC go bust, can I still claim the money back through my credit card?

Neil49

With regards to your credit card question, the card provider may argue that as payment wasn't made directly to the supplier of the goods or service, Section 75 doesn't apply.

If your credit card statement shows Iglu rather than MSC then your option to claim back via your credit card in any situation is debatable. You will only find out for definite if or when you take that course of action. 

Life__Goes__On

Neil49 said:

With regards to your credit card question, the card provider may argue that as payment wasn't made directly to the supplier of the goods or service, Section 75 doesn't apply.

If your credit card statement shows Iglu rather than MSC then your option to claim back via your credit card in any situation is debatable. You will only find out for definite if or when you take that course of action. 

Neil that isn't what is classed as a 3rd party. A 3rd party is like Paypal it's service is only to do with the transfer of money.
Think of it as buying a washing machine from Currys, you pay them  but Hotpoint makes the washing machine and delivers it.
Your contract is still with Currys

With a booking agent you have a contract with both, the agent and whoever you travel with, stay with, etc etc etc.

Kentigern1

We had a cruise booked with Cruise and Maritime cruise line (we were due to sail back in April, but the cruise was cancelled due to Covid). Sadly the cruise line went into administration in July before our overdue refund was issued. We had already waited 4 months for the agreed refund before the company went into administration. We booked through Cruise Nation as agent. Cruise Nation say our contract was with Cruise and Maritime and we should approach ABTA for a refund. ABTA have refused to refund, saying our contract was with Cruise Nation. Who is right and what should we do?