Mcol claim

powerful_Rogue

I'm confused by this part.

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.

Did they give a ticket to your son, either free or paid? Or have they just moved two adults onto this now adult only cruise?

SiliconChip

Have Ambassador put a value on the cruise that was offered to you as the prize? If it's not specified then they could argue that the value is zero, in which case I don't think you'd be able to make a claim as the sum you'd be claiming for is also zero. 

powerful_Rogue

Personally, and others may think differently, but I don't think you've got a case at all and would lose if you took this to the small claims court.
You won a competition for two adults on a specific cruise on a specific date. The T&C's of the competition made this very clear as well as the prize being non-exchangeable and non-transferable.
It appears as a very grand gesture of goodwill, they did indeed offer another date for two adults. I think your hang up on the Consumer Rights Act is incorrect. As an example you state:

This proves they knowingly sold me a slot I couldn't use.

However they haven't sold you anything. They have changed the prize you won at your request which is a cruise for two adults to another cruise for two adults.

screech_78

Why is your son relevant to this at all? The prize was for 2 adults. 

£4,000? No chance. 

randombetas

Did they give a ticket to your son, either free or paid? Or have they just moved two adults onto this now adult only cruise?

Yes & OUT06FWD – Ocean View Cabin (Forward - Deck 6) £899.00

OUT06FWD – Ocean View Cabin (Forward - Deck 6) £899.00

Cabins: £1,798.00

Discount (Prize winner transfer to 2027): -£1,798.00

Cabins Total: £0.00

Booking Total: £0.00

randombetas

They moved us to an adults-only vessel despite knowing our child care issues and they insisted on 7 nights only for 2 adults (by being forced to accept the 2027 cruise) saying I really need to get this transferred today really


They didn't show care and skill as there's a 10 night solar eclipse sailing that we could have a used (I would have paid the d9for my son to join us) but because she stated 7 nights  (this one was 10 nights) she forced artificial pressure on me to choose the 2027 cruise 

randombetas

SiliconChip said:

Have Ambassador put a value on the cruise that was offered to you as the prize? If it's not specified then they could argue that the value is zero, in which case I don't think you'd be able to make a claim as the sum you'd be claiming for is also zero. 

But I'm claiming for a comparoble cruise of similar value that we can actually use plus the original invoice was far less they if I was to book it myself (so I'm guessing a internal discounted rate) 

sheramber

How do you arrive at £4000?

Does the court order replacements. 

You didn’t pay for the cruise so no money to refund. 

sheramber

powerful_Rogue said:

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

Hoping for more favourable answers? 

Ergates

randombetas said:

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.

That's not a "shield" - those are the terms and conditions that you agreed to when you entered the competition.  If you didn't like the conditions, then you shouldn't have entered in the first place.

randombetas said:

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

This is the part you really seem to be struggling with:
Your son's childcare needs are not their problem.  They are *your* problem.  If, as seems to be the case, your son's childcare needs mean you cannot go on the cruise you won as a prize then... tough.  Again - that is not their problem, it is your problem.

randombetas said:

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." 

Sorry, but that is utter nonsense.  You won a cruise for 2 adults on a specific cruise on a specific date.  For your own reasons, you couldn't make that date - so the company very kindly agreed to rearrange the dates.  They didn't have to, but they agreed to do it anyway.  Now you're arguing that because they agreed to do you a favour, the restrictions on the prize you won magically don't apply?   What?  Why would that be the case?

randombetas said:

SiliconChip said:

Have Ambassador put a value on the cruise that was offered to you as the prize? If it's not specified then they could argue that the value is zero, in which case I don't think you'd be able to make a claim as the sum you'd be claiming for is also zero. 

But I'm claiming for a comparoble cruise of similar value that we can actually use plus the original invoice was far less they if I was to book it myself (so I'm guessing a internal discounted rate) 

But you're not entitled to a "comparoble" cruise.  That was very specifically laid out in the T&Cs.
As you have already quoted:  "Prizes are as stated and are non-exchangeable and non-transferable."