Costa Cruise sells ships last minute & cancels sailing

[tradershads]

Hello guys,

 

I was due to travel on a cruise this Saturday with Costa, the ship name "Costa Celebration." Unfortunately, at the last minute on Wednesday (only 3 days prior to departure) they call me up saying they have cancelled the sailing.

 

I now find out that the reason for cancellation is that the owners have sold the ship.

 

They are offering me a full refund + £40 per adult as compensation.

 

This was a much anticipated holiday for us. As this was not a technical issue but I am guessing Costa making a handsome profit, they have ruined my holiday.

 

Do I have any legal case here to claim under, "loss of enjoyment" or any other legal points?

 

Any help would be greatly appreciated.

 

Thanks in advance.

 

Shads

[honeybee13]

Hello and welcome to CAG. I'm sorry this has happened to you, it must be very disappointing.

 

I don't suppose anything in their booking conditions covers this does it? I hope the forum guys will be along later with advce for you.

 

My best, HB

Edited November 21, 2014 by Conniff

[rebel11]

Hi tradershads

 

Welcome to CAG

 

That is disappointing, £40 each doesn't seem fair at all.

 

Have you checked your Travel Insurance?

 

Have you looked at their T & C's regards compensation?

[tradershads]

Thank you Honeybee13 for your kind words. Below is the only part of the T&C relating to "if the company cancels the holiday." I look forward to others who may have experienced similar situations or can shed some light on this further. Thank you.

 

 

9. Cancellation by the Company

 

9.1 If, before departure, the Company notifies the Passenger of cancellation of the

Holiday for any reason whatsoever, the Company shall if possible (and unless the

cancellation is due to the fault of the Passenger) offer the Passenger a replacement

holiday. The Passenger shall have the right to choose either to take this replacement or

to receive a refund as set out in the clauses below. The replacement holiday will be of

equivalent value to that cancelled. If the Company is unable to offer a replacement

holiday of equivalent value, the Passenger will receive a refund.

9.2 Except in situations beyond the Company's control (force majeure) or upon failure to

reach the minimum number of participants for the Holiday and where the Passenger

cannot be offered or refuses a replacement holiday the Company will pay

compensation on the following scale: 55 to 46 days before departure£10 per person 45

to 16 days before departure £20 per person 15 to 11 days before departure £30 per

person 10 days or less before departure £40 per person.

9.3. In situations of force majeure or upon failure to reach the minimum number of

participants if the Company cannot offer the Passenger a replacement holiday or if that

replacement is refused by the Passenger, the Company shall only be liable to refund any

monies actually received from the Passenger (less any insurance premiums). The

Company shall not be liable to the Passenger for any other costs which may have been

incurred including but not limited to car parking charges, rail and other transport

charges, hotel reservations.

[rebel11]

How did you pay?

 

http://www.which.co.uk/consumer-rights/problem/a-change-was-made-to-my-cruise-itinerary-can-i-get-a-refund

[tradershads]

Hi tradershads

 

Welcome to CAG

 

That is disappointing, £40 each doesn't seem fair at all.

 

Have you checked your Travel Insurance?

 

Have you looked at their T & C's regards compensation?

 

My travel insurance doesn't cover this. I checked with them. They go its very unusual. what can i say....

[BankFodder]

£40 is absurd. You need to tell us about your losses -

[BankFodder]

Would you like to talk to the press about this?

 

Please email contact details to us on our admin address

[havinastella]

Do I have any legal case here to claim under, "loss of enjoyment" or any other legal points?

 

If this is for a honeymoon, yes!

[stu007]

What I find strange is Costa Cruise are still advertising the Costa Celebration on both their .co.uk & .com websites:

 

.co.uk link: http://www.costacruises.co.uk/gb/ships.html#1

 

.com link: http://www.costacruise.com/usa/costa_celebration.html

[tradershads]

£40 is absurd. You need to tell us about your losses -

 

My tangible losses are £15 cancellation fee for airport parking and overnight hotel. I am waiting for confirmation if Costa will cover that (as its so small I am assuming they will)

 

Intangible loss is price less for us. A lost of a holiday that we as a family were really looking forward to. To know that a company like Costa can just sell a ship last minute (for its own profits) without any regard for its customers is just unheard of.

[tradershads]

Do I have any legal case here to claim under, "loss of enjoyment" or any other legal points?

 

If this is for a honeymoon, yes!

 

Can it be a delayed honeymoon? Been married for over 10 years.

[Conniff]

You say 'sell the ship for profit' on more than one occasion, you don't know the reason the ship has been sold, it could have lost it's safety certificate or something and the cheapest way out for them was to sell it.

 

 

Lots do have second honeymoons and take the children with them.

[tradershads]

It doesn't allow you to book it.... sorry I am unable to post a link as I need 10 posts (only have 5) Please try and book it and you will get that message.

[stu007]

This is the CAA link to the ATOL no 9758 displayed on the .co.uk website:

 

https://www.caa.co.uk/application.aspx?catid=490&pagetype=65&appid=2&mode=detailnosummary&atolNbr=9758&mbrId=

[tradershads]

You say 'sell the ship for profit' on more than one occasion, you don't know the reason the ship has been sold, it could have lost it's safety certificate or something and the cheapest way out for them was to sell it.

 

Agree... but this is what the travel agent (Atol bonded) told me. I said, I am guessing they made a profit, but I do see your point. but its negligent of them to leave it to the last minute to inform customers should that ever been the case

[tradershads]

I booked this trip through "Cruise Nation" who are also ATOL protected. Wondering are they my first point of contact or do I deal with Costa directly?

[BankFodder]

My tangible losses are £15 cancellation fee for airport parking and overnight hotel. I am waiting for confirmation if Costa will cover that (as its so small I am assuming they will)

 

Intangible loss is price less for us. A lost of a holiday that we as a family were really looking forward to. To know that a company like Costa can just sell a ship last minute (for its own profits) without any regard for its customers is just unheard of.

 

 

Didn't you take holiday form work? And the rest of your family? How many of you??

 

What did you do instead? How ling was it meant to be? Did you buy anything in preparation? etc etc.

[stu007]

Here is a link to cruise industry news: http://www.cruiseindustrynews.com/cruise-news/11896-costa-celebration-moves-elsewhere.html

[BankFodder]

Also, you haven't answered my question about the press

[tradershads]

Didn't you take holiday form work? And the rest of your family? How many of you??

 

What did you do instead? How ling was it meant to be? Did you buy anything in preparation? etc etc.

 

3 of us, holiday was for 13 nights. Brought a lot in preparation. I am seeing if I can get a flight to another country.

 

I am thinking of using going to the press as a negotiating tool. If they don't improve on the compensation I go to the press, what do you think?

[rebel11]

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/194787/draft-guidance-note-0.pdf

 

http://ec.europa.eu/transport/themes/passengers/maritime/

[BankFodder]

3 of us, holiday was for 13 nights. Brought a lot in preparation. I am seeing if I can get a flight to another country.

 

I am thinking of using going to the press as a negotiating tool. If they don't improve on the compensation I go to the press, what do you think?

 

I think that you should just go to the press now. It will help to bring out others in the same position.

They are not interested in your threat as an individual to go to the press. They have buckets of threats everyday and no one does anything.

 

As it happens I have a contact from a Sunday National but you need to contact me quickly if you want to move on this

[BankFodder]

By the way I think that you should be looking a a good few hundred in compensation - depending on what you end up doing instead.

 

I think that you need to calculate your losses at the end of it all when understand more fully how it has affected you.

[tradershads]

I think that you should just go to the press now. It will help to bring out others in the same position.

They are not interested in your threat as an individual to go to the press. They have buckets of threats everyday and no one does anything.

 

As it happens I have a contact from a Sunday National but you need to contact me quickly if you want to move on this

 

Thank Bankfodder, I am thinking what to do.

 

Can I ask, would the paper pay for my story?