I’ve fallen and I can’t get a refund for my cruise

Question: My partner and I were recently booked on a cruise to the Caribbean through Carnival Cruise Lines. It was to be our first cruise and we were so excited. Unfortunately, we had some extremely bad luck. We flew to Miami two days early to spend some time there before the cruise. That first evening, I slipped and fell on some wet plywood that had been placed in a public park.

I broke my tibial plateau into several pieces — an injury that required immediate surgery. So we had to cancel the cruise and fly home.

We had booked the cruise through an online travel agent and they advised us that we would need to write Carnival a letter explaining the circumstances and inquiring about rescheduling the cruise or getting a refund. We did that in early May. We just found out that Carnival has decided to award us half our money back in shipboard credits if we book another cruise with them.

I find this “resolution” utterly unacceptable. I find it inconceivable that a company would willingly alienate a customer. We are not asking for special treatment; we just want to go on the vacation that we paid for. Can you help Carnival realize the error of its ways? — Jeff Allen, Denver

Answer: Ouch. It sounds like you took a painful fall in Miami, and Carnival’s response only added insult to an agonizing injury. In a perfect world, the cruise line would have offered you either a full refund or a redo of your cruise.

Unfortunately, it’s not a perfect world.

Carnival’s ticket contract — the legal agreement between you and the cruise line — is clear about your rights. Check out paragraph six. “No refunds will be made in the event of “no shows”, unused tickets, lost tickets, interruptions, partially-used tickets, or cancellations received late or after the start of the cruise,” it says, adding, “Carnival strongly recommends the purchase of trip cancellation insurance from your travel agent.” (Here’s a copy of the contract on its site.

Would travel insurance have helped? Without a doubt. A fall like this would have almost certainly been covered by your policy, including your return airfare, any medical attention you received in Miami and your cruise fare. Your travel agent should have recommended a comprehensive insurance policy, and in your case, it would have been a sound investment.

I remember there was a time just after 9/11 when cruise lines routinely made exceptions to their nonrefundability rule. That’s no longer the case. There’s a good business reason why a cruise line would deny a request like yours: It can’t resell your cabin when you’re a no-show, meaning that it’s basically offering you a free cruise.

But there’s an equally compelling customer-service reason to cut you a little slack. The goodwill would go a long way to ensuring you’re a repeat cruiser. You would also tell your friends and family about how compassionate Carnival was, and that may persuade them to try a “Fun Ship” cruise.

Someone at Carnival apparently thought a compromise would work best — neither a redo, nor an outright denial of your request. I thought it was a good offer, but could Carnival do better?

One of the hardest parts of my job is knowing when to push, or when a company has done enough. This was a borderline case, but I still thought it was worth asking Carnival about it, knowing that it had already done more for you than it would for the average no-show passenger.

When Carnival re-examined your file, it found that it had miscalculated your refund, which gave you a $545 cruise credit instead of a $528 credit. That’s the good news. The bad news? It’s sticking to a 50 percent refund toward a future cruise, arguing that if it went any further, it would “undermine the integrity of purchasing travel insurance.”

I’m not sure how issuing a full credit would undermine travel insurance any more than giving you half a refund. You’re not happy with this resolution, and I’m not sure I am, either. But I think it’s Carnival’s final answer.

(Photo: Adje M/Flickr Creative Commons)

  • Phil from London

    Are we really to believe that Carnival do not have lists of last minute customers who would take the cruise with a few hours notice even if they would not pay full price?
    Is there no one who would pay an upgrade on board to get a better cabin?, a family who could now seperate from their kids for an extra fee.
    No one on here can assert that the cabin actualy sailed empty and lost all forms of resale revenue
    If I were carnival I certainly would do so.

    This does of course not change the fact that NO refund was due

  • Ed

    @patathomas
    I tell them they can go to Europe or Asia with a package that includes air, hotel, and some meals for less money.
    —————————————————
    Can we all assume you swim to Europe or Asia sine the airlines contracts of carriage are quite frankly worse than the cruiselines?

  • Ed

    @Andrea
    On the surface your arguement is a fair one. And I would be the last person in the world to defend any airline as I personally feel they are incapable of managing their own businesses. And although I dislike ‘big governement’ long for the day when the airlines again become regulated so we can return to a better time for passengers and airlines as they were then profitable. That said, when someone enters into a ‘contract’ for an airline seat, hotel room, or a cabin on a cruise ship, it is not a one way contract. Both parties have responsibility to comply both legally and morally. It would be great if the airlines, hotels, and cruise lines ignored their own contracts and refunded everyone. However, as in my first post, that would also mean that you would be paying for all those refunds along with every other passenger in the future as lost revenues have to be made up somewhere.
    Perhaps they could start adding a ‘Lost Revenue Fee’ as the comments on this forum would prove rather interesting.
    To assume that every flight goes out full, every cruise cabin is full, and every hotel room is full each night, is just not a practical way to defend a company that stands by the agreement they entered into with a passenger / guest as both have reasonable responsibilities.

  • El Cee

    I see @carver’s point-of-view with regard to Mr. Allen’s severe injuries and compassion, and I can accept the possible resolution of offering a cruise to be taken during low season. I wish I had the same belief in human nature that Mr. Allen will learn his lesson to buy travel insurance if he’s given a break this time. It’s just I can’t help but think that if his situation were to be resolved in the manner you prescribed, his takeaway would be “I don’t need to pay for travel insurance when Chris Elliott’s services are free.”

    I don’t know about everyone else, but personally the last paragraph of Mr. Allen’s “question” put me off in his righteous belief of his position and that Carnival owed him. At no point do I get the impression that he feels any responsibility for (to reflect his words) the error of his own ways, hence my inability to see that a break would help him learn his lesson. In fact, if this has been his attitude in his dealings with Carnival, I’m not surprised the results were less than his expectations. It certainly makes it difficult to evoke compassion.

  • Rob

    Sorry, I don’t get it. Carnival couldn’t sell the cruise at 24 hours notice or less except for a very deep discount. They would have been out most or all of the money.

    Mr. Allen opted not to buy travel insurance. That was his mistake.

    I choke a little on the money I spend on insurance, but I do it, every time.

    Carnival’s offer was more than I would have expected.

  • Lovin’ It In Orlando

    I am frankly surprised by Mr. Allen’s email in the first place. I would not even have had the courage to ask Carnival for compensation when that fact that he neglected to buy travel insurance came to light. What about all the folks that paid a few dollars for the insurance and would have been covered? I totally agree with Carnival’s statement that offering compensation devalues the insurance plan for it’s guests. I would be highly upset that I had to pay good money only to find out that there are “exceptions”.

    Mr Allen’s saying, “I find it inconceivable that a company would willingly alienate a customer” dumbfounds me. I find it inconceivable that a guest would try and rip off a company when there was alternative to recovering his money before his unfortunate accident. As to the folks mentioning the “last minute” filling of cabins, that is a pre 9/11 notion. Most cruise lines close the books 24 hours prior to sailing to submit the preliminary manifest to Homeland Security. (Carnival’s cutoff is approximately 3 PM day prior.) The final manifest is required 1 hour prior to ship’s departure.

    Once again, a classic of example of why insurance is so important.

  • Arizona Road Warrior

    “We had booked the cruise through an online travel agent and they advised us that we would need to write Carnival a letter explaining the circumstances and inquiring about rescheduling the cruise or getting a refund. “
    - – - – - – - – - – - – - – - – - – - – - – -
    It seems to me that the online travel agent received their commissions and told Mr. Allen that he is on his own. If he had dealt with a professional brick & mortar travel agent, it is very probable that the brick & mortar agent would have worked with them; contacted Carnival, etc.

    It wasn’t stated in the article but based upon what Mr. Allen wrote (“…we would need to write Carnival a letter explaining the circumstances…”), it seems like he didn’t contact Carnival before the cruise departed. Yes, he was in pain but how about his partner? How about his online travel agent? It is not always possible but to contact a travel provider before the departure of a flight or a cruise; a deadline; etc. but it is very helpful in dealing with a travel provider.

  • http://travelinggiraffe.blogspot.com Crissy

    Anytime I take a trip where I’m not willing or able to take the loss if for some reason I don’t take the trip, I get insurance. It annoys me, but it’s protecting my investment. So I don’t feel to sorry for Mr. Allen. Carnival could have told them tough luck, so I think they actually did a nice thing by giving a credit.

    As for the travel agent, they probably told Mr. Allen to get insurance before the trip and Mr. Allen declined. If that’s the case, then the travel agent did there job.

  • et

    Sorry but I purchase trip cancellation insurance for that reason and don’t feel it’s fair for this passenger to no show and get a credit. No show is just that, carnival is waiting for the travelers to arrive right up until sailing time. I would have been slightly more sympathetic had they at least cancelled prior to sailing.

  • Arizona Road Warrior

    @ carver – “I checked with my Pastor and yes, hell has frozen over. The Flyertalk mentality has hit your blog. We’ve given up compassion for smug self righteousness. None of us ever needs help for our mistakes, because none of us ever makes mistakes. We have all achieved perfection. Have we all been traveling so long that we’ve forgotten what its like to be a newbie? Apparently so.”
    - – - – - – - – - – - – - – - – - – - – - – - – -

    I think that most individuals that made comments on this story empathized with Mr. Allen over his painful injury but also understand that Mr. Allen needs to take responsibilities. Most of the comments made stated that Carnival was actually generous given their terms and conditions for their cruise. The 50% shipboard credit (Mr. Allen’s writing)\cruise credit (Chris Elliott’s writing) is pretty fair given that Mr. Allen was legally entitled to nothing.

    I can understand that you can’t have long winded articles with all of the minor details but I think that there were some ‘major’ details missing:

    1. Did the online travel agency made the recommendation of purchasing travel insurance? If they didn’t then it should be them on the hook not Carnival. Mr. Allen should sue them. This online travel agency should pay for another cruise IF they didn’t offer travel insurance to Mr. Allen. Of course, Carnival has the bigger pockets so the mindsets of Mr. Allen and others like you expect Carnival to pay for the ‘malpractice’ of this online travel agency IF they didn’t offer travel insurance to Mr. Allen. If this online travel agency offered travel insurance to Mr. Allen and he declined it then he should be very happy with the 50% credit that he received.

    2. Did Mr. Allen (or his travel agent) contacted Carnival before the departure of the cruise stating that he and his partner won’t be on the cruise? Mr. Allen wrote (“We had booked the cruise through an online travel agent and they advised us that we would need to write Carnival a letter explaining the circumstances and inquiring about rescheduling the cruise or getting a refund”), it seems like Carnival wasn’t contacted until after the cruise departed. It has been my experiences that if you contacted a travel provider before the departure of a flight, cruise or tour; a deadline; etc. that will help in getting a better resolution. Of course, Mr. Allen was under the knife and was in pain but his partner or online travel agent could have contacted Carnival before the cruise departed.

    3. Why did Mr. Allen chose an online travel agency over a brick & mortar travel agency? Why wasn’t the online travel agency put in the frying pan over their lack of involvement in this situation? It seems to me that they made their commission and let Mr. Allen defend for himself.

    Without having all of the facts makes one to speculate what actually took place. It is my GUESS that Mr. Allen typed ‘discounted Carnival cruises’ in an Internet search and found a result something like ‘we sell Carnival cruises at 10% discount” so that is the reason why Mr. Allen chose an online travel agency over a traditional brick & mortar agency. It is my GUESS that travel insurance was offered to Mr. Allen but refused to purchase it in order to save money. Again, these are only GUESSES.

    What I found to be distributing in the article was Mr. Allen’s attitude of entitlement that Carnival Cruise Lines owe him another cruise or a 100% refund. It wasn’t Carnival’s fault that he was injured…it wasn’t Carnival’s fault that he didn’t have travel insurance but since Carnival has deep pockets they should pay for Mr. Allen’s lack of responsibility.

    Mr. Allen didn’t even admit that he made a mistake in planning for this cruise or that it was his fault. I have made some travel mistakes over the years. The first thing that I did was to admit that it was my mistake to the travel provider and see if they could help me out of my mistake. Most of the times, these travel providers helped me out without me spending additional money or very little money.

    The argument that was made by Chris and others that if Carnival gave Mr. Allen another cruise at no cost will generate good will causing Mr. Allen to become a repeat cruiser is theory but not reality especially in these times. However, it is my guess if Mr. Allen was a long time customer of Carnival that the resolution would have been different.

    There are benefits of belonging to a frequent flyer\frequent guest\frequent renter\frequent cruiser program contrary to the recent article that Chris wrote. I can’t tell you how many times that I was able to cancel a hotel reservation after the deadline without the one night penalty because of my elite status with the hotel frequent guest program. Or how many times that America West and US Airways didn’t charge me a fee to change a ticket because of my elite status. Or how many times that Marriott gave me a distressed traveler rate when I missed my connection due to weather because of my elite status with their program.

    My philosophy is to plan for the worst and expect the best that is why I purchase travel insurance for our big trips. Some people don’t purchase travel insurance because they are willing to accept the risks. My wife is a nurse and she recently had a patient that was flown back to Phoenix during the middle of a 100-day cruise where he paid $ 30,000 for this cruise with his wife but elected not to purchase travel insurance because they could afford to ‘lose’ this money.

    It is my guess that there have been thousands of travelers over the years that have missed their cruises, missed a portion of their cruises, left their cruises early, etc. without receiving a single penny of compensation from their respective cruise line. Mr. Allen should be grateful that Carnival gave him a 50% credit.

  • Mondoshawan

    One of the hardest parts of my job is knowing when to push, or when a company has done enough.

    Then you failed. The company did “enough” and even more.

    I also notice the email did not mention why/how he(she?) slipped on that wet plywood. Nor did it mention who they contacted about that dangerous board laying out in the park.

    All I read was I want SOMEONE to pay/compensate me.