Hefty lost deposit on cancelled cruise

bring_back_threepenny_bit

I booked a cruise some months ago with Imagine Holidays and paid a deposit of about 1k. My OH and I have both subsequently suffered health problems and as a result cannot now commit to the cruise, which is in November. I notified Imagine who responded that I must pay 75% of the full cost and 100% of the flights, as it is in their terms and conditions - a further 2.5k.
This seems well in excess of their actual loss as they have plenty of time to re-sell the holiday.
Also, their original booking terms state: Your notice requesting a change or cancellation will only take effect when it is received in writing by us in email or letter from the first-named person on the booking and will be effective from the date on which we receive it.
Having thus notified them exactly in accordance with their conditions, in their reply they now state that your booking remains live until we receive confirmation from yourself that you accept the cancellation charges.
I am not inclined to confirm that I accept the charges, though that does not preclude me from paying the extortionate balance in order to avoid either having to pay the full cost, or facing the threat of legal action. Can they oblige me to accept their terms again, which presumably I must have accepted anyway when I first booked the holiday?

Clive_Woody

Check with your travel insurance to see if this is covered 

elsien

If those are the terms and conditions you signed up to then I’m not sure you have much of a leg to stand on. 

The flights are very likely non-refundable.

This is why you have travel insurance, for this eventuality so you may need to go via that route instead

Keep_pedalling

Flight tickets are normally non-refundable which is why you are being charged 100% of those costs. Their terms and conditions state that 75% of the costs will be due if you cancel between 119 and 36 days before the cruise date and that It is a condition of our agreement that you are covered by adequate travel insurance for your arrangements. Such insurance as a minimum must cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness. 

Your claim should be with you insurer but presumably you failed to take out a policy.
 

tightauldgit

You're not being asked again to accept the T&Cs you are being asked whether you still want to cancel now that you have been informed of the cancellation charges. 

The flights will be non-refundable so that is a cost incurred by the company, whether the charge to cancel the cruise is reasonable or not is maybe more debateable but unless the cruise sails full (and I really don't know if cruises normally do or don't) then you can't say they've resold your holiday really so there would be a loss of income for them. You can of course query this with them and ask if will try to resell your cruise. I'm not sure if Imagine are the cruise provider or just an agent though, if the latter it might simply be that they are passing on the charges that the operator pushes on to them. 

Travel insurance would be the way to go on this one I think.  

Caz3121

bring_back_threepenny_bit said:

My OH and I have both subsequently suffered health problems and as a result cannot now commit to the cruise, which is in November. I notified Imagine who responded that I must pay 75% of the full cost and 100% of the flights, as it is in their terms and conditions - a further 2.5k.

Sorry for your health issues. Your insurance will likely require you to provide medical certification that you have been deemed unfit to travel in four months time. (may be difficult for a doctor to assess that at this time) If you do not have that it is likely that any insurance claim would fail as it would be looked at as you had changed your mind.
If the cancellation costs do not change between now and 36 days before the trip it may be worth holding off until closer to the time to see if your health problems improve or you are deemed unfit to travel by a medical professional (this assumes you already have insurance in place currently)
If you don't officially cancel in under 36 days (by paying the outstanding balance) I would expect that the cancellation charges change to 100% of cruise + flights so would cost you more.
I am not sure whether actual losses are actually applicable. It is well known that non-refundable flights are non-refundable whether cancelled 1 day, 1 month or 10 months before travel whether the airline can resell the seats or not...similar with non-refundable hotels and I would assume non-refundable cruises.

CKhalvashi

This is an insurable event should you have a policy covering this.

The room you have booked remains available for your use and there is a large risk may not be re-sold for your dates.

Alfrescodave

Clive_Woody said:

Check with your travel insurance to see if this is covered 

From the lack of response by OP to your and other posters reference to travel insurance, its almost certain that the necessary insurance was not taken out.   An expensive lesson is learnt.

NoodleDoodleMan

Maybe he did take out a policy - but omitted to declare known health conditions relevant to the problem(s) which caused the cruise cancellation ?

tightauldgit

NoodleDoodleMan said:

Maybe he did take out a policy - but omitted to declare known health conditions relevant to the problem(s) which caused the cruise cancellation ?

It's not clear from the OP whether they actually have been told not to take the cruise, can't take it because they have medical appointments or whatever during that time, or simply don't fancy it anymore with whatever their condition is. I don't think insurance even covers you unless you have medical advice not to travel. 

Can cruise be resold by the OP? Might be worth exploring that option? 

NoodleDoodleMan

Agreed, the information provided is incomplete in the cancellation scenario.

I'm pretty sure (others can confirm/refute) that travelling against medical advice is grounds for travel insurance to be rendered null and void.