Mcol claim

noitsnotme

https://forums.moneysavingexpert.com/discussion/comment/81864909#Comment_81864909

I can’t be bothered to try multi quoting with this stupid new forum functionality, but the last post on the first page, the OP states…

”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).”

*edit - posted the same thing at same time as eskbanker

sheramber

The OP wants the prixe cruise and also wants to add on his child, at his own cost.

Unfortunately, the prize is for a cruise that is adults only.

OP thinks he is entitled to a cash payment in compensation because the cruise cannot accommodate his child.

Okell

Ah. Pity OP hadn't made that important detail clearer from the outset.

Which makes me wonder all the more whether the OP made it clear to the operator at the time of the transfer.

Or whether it had always been the OP's intention to bring a third passenger on the original cruise - and the operator had been happy with that - so a like for like transfer should have been 2 + 1

It could all be clearer…

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81865017#Comment_81865017

Yes, OP refers up front to "Due to childcare constraints (my son has special needs), the Operator agreed to transfer the prize to a 2027 sailing", but that reads to me more as "we can't go on the original dates because we can't arrange childcare for our son" (i.e. elsewhere, while the parents are on the cruise) rather than "we want to bring him on the cruise", but obviously we don't know exactly how they conveyed this to the operator.

Grumpy_chap

I don't see anywhere that the cruise line had agreed to change the original prize cruise from "2 adults" to "2 adults plus 1 child", even with the OP paying for the additional child

The OP said "Due to childcare constraints (my son has special needs), the Operator agreed to transfer the prize to a 2027 sailing."

That doesn't say the child needs to come on the cruise also. I would think that "Childcare constraints" means the appropriate cover to look after the child cannot commit to the original date.

Edit cross-post with @eskbanker

eskbanker

*edit - posted the same thing at same time as eskbanker

Edit cross-post with @eskbanker

There's a lot of it about!

Grumpy_chap

The complaints and escalations that the OP is following in relation to this prize cruise is actually really rather unfortunate in that it is quite likely to make the cruise line more resistant to showing any flexibility in the future.

The OP won a competition for2 adults to take a cruise on specific dates.

The prize was non-changeable, non-transferable, no cash alternative.

For personal reasons, the OP could not take that cruise on that date.

The cruise line showed flexibility in moving the cruise despite the "no change" basis of the prize.

Now the cruise line are burning customer service hours on dealing with additional continual enquiries about the booking, facing complaints to their trade body (which damages reputation) and potentially facing a court action. Why, next time, would the cruise company show any flexibility and not simply stick rigidly to the terms of the prize as won?

A_Geordie

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

I have nothing meaningful to add other than I agree with other posters.

Whether the OP has any enforcement rights or remedies will turn on what was said during that conversation with the promoter.

If the promoter agreed to re-arrange the date for the trip so that the son could be booked onto the cruise and this was explicitly stated, then there could be some legs as to some of the OP's claims.

However, if OP simply said that the re-arrangement was due to childcare issues but nothing more than that, then the OP's chances of success is going to be close to zero, without further evidence backing up the OP's position that the trip was specifically re-arranged to enable the son to book onto the newly agreed date (whether free or paid is irrelevant at this stage).