Mcol claim

randombetas

Hi hope you're all well, does anyone specialise in consumer law that covers (I'm based in Devon)

DMCCA s.228

DMCCA s.224

CRA s.49

CRA s.62

PTR Reg 11

And can give advice

Can post the details here when needed 


Thanks 

powerful_Rogue

randombetas said:

Hi hope you're all well, does anyone specialise in consumer law that covers (I'm based in Devon)

DMCCA s.228

DMCCA s.224

CRA s.49

CRA s.62

PTR Reg 11

And can give advice

Can post the details here when needed 


Thanks 

If you want specialist consumer law advice, you will need to pay for it via a solicitor.

MSE states:

Always remember anyone can post on the MSE forums

Why not just post what the issue is and see what free general advice you get. Is it related to this thread? https://forums.moneysavingexpert.com/discussion/6636181/cruise-help-please

randombetas

I won a cruise holiday competition in 2024. Due to childcare constraints (my son has special needs), the Operator agreed to transfer the prize to a 2027 sailing. They issued a formal Confirmation Invoice in May 2025 for the new dates.

​Months later, I discovered the 2027 sailing had been designated "Adults-Only." The Operator refused to move me again or offer a cash alternative, claiming I should have known, even though they never disclosed this restriction when they issued the invoice.

​I have sent a formal Letter Before Action (Open Letter) claiming £4,000 (replacement value).

​My Evidence:

​The Invoice: Proves a binding contract was formed in May 2025 (under Package Travel Regs).

​The Email: The Promoter’s agent recently admitted in writing that the sailing I was booked on was "never a multi-generational cruise." This proves they knowingly sold me a slot I couldn't use.

​Video Evidence: I have a screen recording showing their website still invites users to book children on this specific "Adults-Only" sailing and calculates a price for them. It creates a "Misleading Action."

​Proof of Lying: Their lawyers claimed "Multi-generational cruises end in 2026," but I have screenshots of a 10-night Multi-Gen cruise available in August 2026 that they refused to offer me.

​Reasonableness: I have emails proving I offered to pay the extra cost for my son, but the agent rigidly restricted me to "7-night sailings only" and ignored suitable alternatives.

​Legal Angles:

​DMCCA 2024: Misleading Omission (Silence on Adults-Only) & Misleading Action (Website video).

​CRA 2015: Service not performed with reasonable care/skill (Agent failures).

​Package Travel Regs 2018: Significant change to essential characteristics without consent.

​Current Status:

They have rejected my settlement offer and threatened costs (standard tactics). I have given them until Jan 29th before filing Money Claims Online (MCOL).

​Does my evidence sound robust enough for Small Claims Track? 

powerful_Rogue

randombetas said:

I won a cruise holiday competition in 2024. Due to childcare constraints (my son has special needs), the Operator agreed to transfer the prize to a 2027 sailing. They issued a formal Confirmation Invoice in May 2025 for the new dates.

​Months later, I discovered the 2027 sailing had been designated "Adults-Only." The Operator refused to move me again or offer a cash alternative, claiming I should have known, even though they never disclosed this restriction when they issued the invoice.

​I have sent a formal Letter Before Action (Open Letter) claiming £4,000 (replacement value).

​My Evidence:

​The Invoice: Proves a binding contract was formed in May 2025 (under Package Travel Regs).

​The Email: The Promoter’s agent recently admitted in writing that the sailing I was booked on was "never a multi-generational cruise." This proves they knowingly sold me a slot I couldn't use.

​Video Evidence: I have a screen recording showing their website still invites users to book children on this specific "Adults-Only" sailing and calculates a price for them. It creates a "Misleading Action."

​Proof of Lying: Their lawyers claimed "Multi-generational cruises end in 2026," but I have screenshots of a 10-night Multi-Gen cruise available in August 2026 that they refused to offer me.

​Reasonableness: I have emails proving I offered to pay the extra cost for my son, but the agent rigidly restricted me to "7-night sailings only" and ignored suitable alternatives.

​Legal Angles:

​DMCCA 2024: Misleading Omission (Silence on Adults-Only) & Misleading Action (Website video).

​CRA 2015: Service not performed with reasonable care/skill (Agent failures).

​Package Travel Regs 2018: Significant change to essential characteristics without consent.

​Current Status:

They have rejected my settlement offer and threatened costs (standard tactics). I have given them until Jan 29th before filing Money Claims Online (MCOL).

​Does my evidence sound robust enough for Small Claims Track? 

What did the T&C's of the competition state?

Who chose the 2027 cruise? 

randombetas

According to the Sun Travel Awards 2024 Terms and Conditions you uploaded, Prize 7 was extremely restrictive from the start. This is the "shield" they are hiding behind.

The Definition: "Prize is a seven-night Ambassador Cruise Line cruise... departing from London Tilbury on 21st July 2025 for 2 adults in an ocean view cabin."

The Restriction: "Prize is valid for travel on the 21st July 2025 sailing only."

The Lock: "Prizes are as stated and are non-exchangeable and non-transferable.


The agent then told you that you must choose another "7-night sailing for two adults from London Tilbury."

​The Conflict: She applied the "7-night" and "London Tilbury they didn't even acknowledge that I still need to berth my son despite letting them know we'll in advance 

​The Pressure: She stated, "I need to get this transferred today really so I had to choose a cruise using cohesion

powerful_Rogue

When did you find out the 2026 cruise was adults only?

randombetas

Via a news article my point is they would have known 5 weeks previously that they where going adults only it takes months of planning 

randombetas

I won a cruise holiday competition in 2024. Due to childcare constraints (my son has special needs), the Operator agreed to transfer the prize to a 2027 sailing. They issued a formal Confirmation Invoice in May 2025 for the new dates.

​Months later, I discovered the 2027 sailing had been designated "Adults-Only." The Operator refused to move me again or offer a cash alternative, claiming I should have known, even though they never disclosed this restriction when they issued the invoice.

​I have sent a formal Letter Before Action (Open Letter) claiming £4,000 (replacement value).

​My Evidence:

​The Invoice: Proves a binding contract was formed in May 2025 (under Package Travel Regs).

​The Email: The Promoter’s agent recently admitted in writing that the sailing I was booked on was "never a multi-generational cruise." This proves they knowingly sold me a slot I couldn't use.

​Video Evidence: I have a screen recording showing their website still invites users to book children on this specific "Adults-Only" sailing and calculates a price for them. It creates a "Misleading Action."

​Proof of Lying: Their lawyers claimed "Multi-generational cruises end in 2026," but I have screenshots of a 10-night Multi-Gen cruise available in August 2026 that they refused to offer me.

​Reasonableness: I have emails proving I offered to pay the extra cost for my son, but the agent rigidly restricted me to "7-night sailings only" and ignored suitable alternatives.

​Legal Angles:

​DMCCA 2024: Misleading Omission (Silence on Adults-Only) & Misleading Action (Website video).

​CRA 2015: Service not performed with reasonable care/skill (Agent failures).

​Package Travel Regs 2018: Significant change to essential characteristics without consent.

​Current Status:

They have rejected my settlement offer and threatened costs (standard tactics). I have given them until Jan 29th before filing Money Claims Online (MCOL).

​Does my evidence sound robust enough for Small Claims Track? 

powerful_Rogue

I'm not understanding how your son fits into this prize. The prize was for:

Prize is a seven-night Ambassador Cruise Line cruise... departing from London Tilbury on 21st July 2025 for 2 adults in an ocean view cabin

As such, with the prize being for two adults, it would make no difference if they changed the booking out of goodwill to a later adults only cruise.

powerful_Rogue

Duplicate thread  - https://forums.moneysavingexpert.com/discussion/6650880/mcol-claim#

randombetas

That’s a fair question, but here is why the '2 Adults' rule doesn't apply anymore:

​The Contract Changed: I couldn't use the original 2025 date specifically because of childcare issues (my son has special needs).

I explained this to them, and they agreed to transfer the prize to 2027 to solve that problem.

 They issued a new Confirmation Invoice for the new date, which created a new booking.

​I offered to pay for the Child: I wasn't asking for a free child place. I explicitly offered to pay the extra fare to add my son as a 3rd passenger in the cabin (which their system allows).

​The Trap: The issue isn't that they wouldn't give me a free ticket for him; the issue is that they moved me to a ship that became 'Adults-Only' without telling me. This means I can't bring him at all, even if I pay.

​Fitness for Purpose: Because they knew the only reason I was moving the date was to accommodate my son, moving me to a ship that bans children rendered the 'solution' useless. Under the Consumer Rights Act, if you tell a provider the purpose of the service (i.e., 'I need to travel with my son'), and they provide something that doesn't do that, they are liable."

Finally, they are trying to have it both ways. They claim that standard protections (like the 'Ambassador Guarantee') don't apply to me because I’m a prize winner—yet they never disclosed this exclusion on the invoice. They are happy to secretly strip away my rights (like the Guarantee and the family-friendly status) without telling me, but then rigidly enforce the '2 Adults' rule when I ask for a solution. Under the Consumer Rights Act, they cannot rely on hidden exclusions that cause a significant imbalance in rights."