Mcol claim

born_again

randombetas said:

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

Were they aware of the age of your son at the time of entry & very generous offer to change booking to  the above tickets. Given it was a clear 2 Adult competition prize?

Aylesbury_Duck

I entirely agree with Ergates' summation and opinion.  The only "trap" apparent to me is the OP trying to use the shift of dates to justify cancellation of the original terms and conditions and a change of them in their favour.

IANAL, so that's just my opinion.  I'd be interested to hear how this goes if OP does sue.

heatherw_01

You have a lot of comments on your other thread, so I will close this one.

This is the other thread if anyone wants to reply:
https://forums.moneysavingexpert.com/discussion/6650880/mcol-claim/

randombetas

Thanks for all your comments I'll keep you updated on what I decide to do. 

I'm going to get legal support now on the strengh of my case & options 

LightFlare

https://forums.moneysavingexpert.com/discussion/comment/81843353#Comment_81843353

I (and others) think that your perceived case strength is optimistic at best

The prize was a cruise

This has been offered

It now doesnt fit your personal circumstances

I don’t see any case that you have

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81840572#Comment_81840572

Did the "confirmation invoice" which created the new booking for the 2027 cruise state "2 adults" or "2 adults plus 1 child"?

If that booking was only ever for "2 adults", then the information about the cruise being adult only is minor.

You said you could not use the original date because of childcare issues. Then you say the cruise is not suitable because it does not meet the purpose of the service "I need to travel with my son".

What exactly did you communicate with the cruise line, and how, when changing the original prize draw date from 2025 to 2027? It does seem rather possible that the cruise line agreed the change of date to accommodate your child care issues and might very reasonably have understood that you could not arrange childcare for your son for the original date but could for the new date - not that you needed to take your child with you. For the latter scenario, you might have been able to go on the original cruise date and paid extra for your child then.

You also still have 18-months to make arrangements for the childcare before the changed cruise date. I assume there are some dates you can travel without your child as, otherwise, why enter a competition to win a cruise for 2 adults? You would have known that winning would have created an issue with childcare and rendered the prize valueless for you.

Okell

@randombetas

So you won a competition prize back in 2024 for a cruise for 2 "adults"

"Due to childcare constraints… the Operator agreed to transfer the prize to a 2027 sailing"

I think the crux of the matter is what exactly you told them and what exactly they told you whenyou requested a transfer and they granted it.

On the face of it it would seem entirely reasonable on the part of the operator for them to understand that you were transferring the 2 adult tickets you originally won to 2 adult tickets in 2027, and that you would sort out your childcare problems in the meantime. Either that or they might have assumed that your child would have reached 18 by 2027.

You seem to believe either (1) that you specifically told the operator that part of the purpose of the cruise was to take your child with you, and/or (2) that the operator should have realised that without being told.

I presume you have since been told that your child can't be accommodated on the 2027 cruise because the cruise is "adults only".

So what did you actually tell the operator at the time when they granted the transfer, and does the confirmation invoice you refer to say it's for 2 adults or 1 adult + 1 child?

I'm inlined to agree with others that the prize you originally won was only ever for 2 adults.

Strictly speaking the prize was non- exchangeable and non-transferrable, but the operator still transferred it presumably as a gesture of goodwill.

Unless the operator had specifically agreed otherwise, I would have assumed that the transfer was like for like - ie for 2 adult tickets and not for 1 adult + 1 child

The situation is also complicated because this is a competition prize and not a straightforward purchase or contract. Whether that works in your favour or against you, I don't know.

I believe @A_Geordie is a solicitor and may be able to give you more appropriate advce than others can

Grumpy_chap

@Okell

"does the confirmation invoice you refer to say it's for 2 adults or 1 adult + 1 child?"

I don't understand that the OP ever wanted "1 adult plus 1 child" but wants "2 adults plus 1 child" so it will be 2 parents plus their child.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81864847#Comment_81864847

Oh no!

I thought it was confusing enough already.

Are you saying it's even more complicated?

eskbanker

Although the way this has all been presented isn't particularly clear, it does seem to me that OP effectively confirmed that the revised booking was only for two adults, and that OP was then trying to add the son as a third passenger after the invoice had been issued:

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).

In the absence of confirmation from OP about all the outstanding questions, we're all just speculating, but this quote strongly implies that there hasn't ever been a confirmed booking that included the son, as it wouldn't be necessary to say any of the above if there was a 2+1 invoice.