Is this enough compensation? My wife broke her neck, but my cruise line will only give me a 25 percent refund

Jerry McClure and his wife were looking forward to a seven-day western Caribbean cruise on the Holland America Ryndam late last year, when disaster struck. McClure’s wife fell and broke her neck less than a month before they were scheduled to fly to Tampa to board the ship.

McClure believed Holland America would have a heart and allow the couple to reschedule their vacation without paying a penalty on his $1,154 fare. After all, he’d given the company nearly an entire month’s notice of his wife’s medical condition.

But the cruise line had other ideas. In a phone conversation with Holland America, a representative dropped some bad news on an even worse situation, informing McClure they’d have to pay a 75 percent cancellation penalty because they were already into the 28-day cancellation period.

How about a rain check? No, replied Holland America, this time in writing. The penalty was non-negotiable.

“I was extremely disappointed by that response,” says McClure. “Holland America’s mission is, ‘We not only do things right, we do the right things.’ The right thing would have been to at least give us a rain check on a future cruise. They’ve lost a customer.”

True, a 25 percent refund is laughable. But is it wrong?

Technically, no. Here’s the policy.

The accident happend Dec. 27, and the McClure’s were scheduled to sail Jan. 23. If McClure phoned Holland America on the day of the accident, then he would have missed the 75 percent cancellation window by just a few hours.

When I ask cruise lines to bend one of their own rules, I typically get one of two responses: In Holland America’s case, the answer is usually nothing. The company appears to strongly dislike any media meddling in its customers’ affairs, a policy that, although short-sighted, I can understand.

The other answer is “no,” but for reasons you might not guess. Cruise lines say making an exception to their policies — even a small one — would “undermine the value of travel insurance.”

In other words, if cruise lines started bending their rules, then that would remove the incentive for other passengers to purchase cancellation protection plans that are highly profitable for cruise companies.

McClure might have been able to avoid some or all of his problems if he had booked his cruise through a travel agent (some agents have special relationships with cruise lines they can leverage to get a more favorable outcome) or purchased travel insurance (he could have made a claim and salvaged his cruise).

Still, I can see his point of view. He had every intention of making the cruise. With 27 days notice, his cabin could have easily been resold, which means Holland America may have profited from his wife’s misfortune.

And even if Holland America couldn’t resell his stateroom, what’s the harm in giving this couple a full credit for a future cruise? Given their health problems, it’s the right thing to do, from a customer-service perspective.

Or is it?

What do you think? Did Holland America do enough? A survey of more than 1,000 readers says “no.”

(Photo: roger43 36/Flickr Creative Commons)

  • Michael K

    @Charles: “Why should I bother if those who don’t buy insurance and have something happen just plead for compassion and those rules go away?”

    So, you would truly no longer buy insurance if you knew the cruise line might occasionally bend its rules in extenuating circumstances and offer a 50% refund when it’s technically liable for only 25%?

    What would you say to one of your students if they object to the extra preparation time you may have granted to one of their ill or job interviewing peers? Say the objecting student went out of their way to schedule a job interview such that it didn’t interfere with classwork?

  • Raven

    @Carrie Curry:
    I agree, but when an agent selling the policy tells someone “it covers everything” then it damn well should!

    (Such as the case of my friend, not the OP in this story)

  • Toni

    So the people who wisely purchase travel insurance are just chumps?

  • Toni

    I also have to wonder if the same folks sliding cash into the cruise ships’ casinos’ slot machines are the same folks who say, “Hm, that travel insurance is a lotta money, I think I’ll take the risk and not buy any.” It’s too bad what happened to these folks, no doubt, but they took a risk and lost. To accommodate them outside of the rules and stated policies is to make fools of all the folks who buy travel insurance.

  • Arizona Road Warrior

    @ Raven – “She bought directly from the cruise line and the person selling her the insurance assured her that “everything was covered.”
    - – - – - – - –
    Rule # 1 – Never buy the ‘travel protection plans’ from the travel provider…these ‘protection plans’ are written to favor the travel provider, have limited benefits, etc. IMHO, buy a travel insurance from an insurance company.

    In general, there are always exclusions, exemptions, etc. so when someone makes a broad and ecompassing statement of “everything was coverd”…ask for the terms, T&Cs, a copy of the agreement, a copy of the policy, etc.

    In this case, read the policy during the free look period.

    Tape record your conversation (follow the law in your state such as stating that the call is going to be recorded, asking for their permission, etc.) this will eliminate he said\she said.

    @ Raven – “I agree, but when an agent selling the policy tells someone “it covers everything” then it damn well should!”
    - – - – - – - – - – -
    Travel providers such as cruise lines and tour operators do NOT sell travel insurance policies. They sell ‘travel protection plans’ to avoid the legal requirements of getting their agents licensed as insurance agents; coming under the supervision of the state insurance departments; etc.

    It is my guess that most of the individuals working in the call centers for the cruise lines, tour operators, airlines, etc. have never been on a cruise, a tour, an airline. Recently, I was in a call center and I saw the supervisors walking up and down the cubicles ‘telling’ the people on the phone to sell, sell, sell.

    In your case of your friend, it is my guess that person probably have never read the ‘travel protection plan’ that she\he sold to your friend. Even if the person read it, I doubt it that he\she are aware of the exclusions, exemptions, etc. He\she was probably told to sell the plan; to tell the potential customer that it cover everything; etc…and he\she will get a bonus if they sell a plan.

  • http://Dorothy4mkay@msn.com Sasha

    I did not read anything that suggested that these people purchased insurance. While I feel bad for them, I also know that ‘life happens’ and that is why we insure anything and everything of value.

  • Jen

    This “policy” is too rigid and inflexible. People get hurt and the company could have given them a full refund, free cruise, and anything else of equal value without admitting liability. Neck breaking is serious business the people involved should take Holland America to court. This lowest-common-denominator 25% off bollocks is something Carnival does.