Is my contract with agent or cruise line?

Neil49

Kentigern1 said:

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? 

First of all, who is mentioned on your credit card bill, Cruise Nation or CMV? If you want to claim via your credit card company by going down the S75 route then this is important. I've pasted below a section from the MSE site relating to S75 claims relating to Goods/Services provided by an intermediary which you should read as I would argue that Cruise Nation is an intermediary whereas CMV isn't. 
Quote : 

You're unlikely to be covered when payments are made to a company that isn't the one providing you with the product or service. In these cases, the credit card company usually says it didn't have a direct relationship with the supplier, so isn't equally liable.

If you stand your ground, it's possible to argue that the indirect relationship constitutes an arrangement to pay. The Court of Appeal decided this was acceptable in 2006, but it's unlikely to be an easy task.

This is the section I have copied the above from 

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

Either way, I would put in a claim via your credit card as others complaining about Cruise Nation seem to have done. 

Ladyshopper

Cruise Nation are a shocking company. We had a cruise package holiday booked with them back in March. We had already flown out to our starting point, then the following day all cruises were basically stopped. They got us home (as they're supposed to do) but then that was basically the last we heard from them, other than them telling us that they weren't responsible for any refunds.

Long story short I put in a claim with Barclaycard, and was given the full amount back. Barclaycard did it as a chargeback, turns out Cruise Nation didn't even dispute it in the 30 days they had. Barclaycard had already told me that if they did dispute it, they would proceed to Section 75. So, please don't be put off from the quote above (I saw lots of things like that and got worried). If you look at Cruise Nation on the trust pilot website you will see that plenty of people on there have put in disputes with their bank and been refunded after Cruise Nation have ignored them too.

Edited to add, I did do my own post on this a few months back and updated it, so feel free to have a look at that.

Alan_Bowen

In the vast majority of cases a customers contract is with the principal in a contract, not the agent, so the cruise line or tour operator. In a few cases, the agents add other services, such as flights to meet a cruise and issue their own ATOL Certificate, which makes them both agent and principal and therefore liable for the refund 

FredEmily

After several months  dealing with ABTA over a cancelled CMV cruise we have at long last been told that they will refund us. However, we have been told that the commission element (25%) of the total cost will not be covered by ABTA and that this needs to be paid by the travel agent. For us this is approx £1500. I believe our contract was with the now defunct cruise company and that the Travel Agent is an Agent. We believe that ABTA should refund in full. How do I get them to do this? Does anyone have any advice on this?

Alan_Bowen

ABTA and the CAA refund the money that has been collected by the operator, the commission should be added to the refund from the agent and you could ask ABTA to get their member to do so now. Having said that, 25% commission is ridiculously high, no wonder CMV went bust, but if the cruise didn't take place, the agent usually loses the commission

sheramber

Who is the travel agent?

Thrugelmir

25% commission?  Seems out of step with industry norms. 

FredEmily

The agent is ROL

stoneman

I know it's been a long time, but I got the refund from Cruise 1st. They eventually said that the money hadn't yet gone to MSC.  All but £400 which was the deposit  and had gone. They said I would have to wait until MSC gave them this money back. So I went straight to my CC company and did a chargeback. They refunded the money to me and said Cruise 1st had 60 days in which to dispute which they never did. 
So that decides the debate, your agent is responsible, if the money was paid to them, they have to refund you, not the supplier.