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One Ocean Expeditions imploding

Feb 11, 2018
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I have now been on the phone for an hour with Barclay's Mastercard. They are refusing this refund on all sides. They keep quoting the 60 days time limit. Now they want to connect me to the merchant phone line. That's One Ocean! One Ocean hasn't answered their phones since November. As of this week, One Ocean no longer exists.
This is so frustrating. Also, the person I'm speaking with at Barclay's has a thick accent and is very slow. I have mentioned the Fair Credit Billing Act several times. I've repeated that I never received the goods or services because the cruise that was cancelled and that date hasn't even occurred (Jan 18, 2020). I've said these things over and over......and this rep just keeps saying the 60 days have passed and there's nothing they can do. I tried to get a supervisor and was told there is not one available. I am really angry about all this.
Call again and insist on speaking with a supervisor. The first-line employees are sometimes intransigent and seem to enjoy saying "NO."
 
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Jan 15, 2020
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After sending the emails to the contacts Elliott suggested, I got a phone call from the president's office. I didn't recognize the number so I didn't pick up......... but called back immediately and left a message. The voicemail he left me said that they were re-opening the case. I'll try calling back next week, but this is somewhat encouraging. I feel like I've hit so many walls, it's tough to be optimistic.
 

kenish

Sep 1, 2015
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Several comments talk about travel insurance for supplier insolvency/failure. Caveat- almost all TI carriers provide a list of "covered suppliers". The list can change daily if the insurance carrier decides a supplier is at risk of failing. If a supplier is not on the list, you are not covered if they fail.

Here's Allianz's list as an example. https://partner.allianztravelinsurance.com/Documents/Library/uploadedfiles/CoveredSuppliers/Covered Supplier List.pdf

These lists are a good way to check if a travel supplier is solid, pre-purchase.
 
Sep 19, 2015
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Several comments talk about travel insurance for supplier insolvency/failure. Caveat- almost all TI carriers provide a list of "covered suppliers". The list can change daily if the insurance carrier decides a supplier is at risk of failing. If a supplier is not on the list, you are not covered if they fail.

Here's Allianz's list as an example. https://partner.allianztravelinsurance.com/Documents/Library/uploadedfiles/CoveredSuppliers/Covered Supplier List.pdf

These lists are a good way to check if a travel supplier is solid, pre-purchase.
Thank you for posting this list. I have to say that the list is very interesting but a bit strange -- they cover Airtran (which no longer flies and was merged into Southwest by 2014 -- maybe because Southwest still owns the name?) but not Austrian Airlines, Swiss, or SAS? Austrian and Swiss are part of Lufthansa group -- but it seems only Lufthansa would be covered under financial default.

And not surprisingly Alitalia is not on the list .

I wonder if One Ocean Expeditions was ever covered.
 
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kenish

Sep 1, 2015
1,051
1,784
113
KSNA
Thank you for posting this list. I have to say that the list is very interesting but a bit strange -- they cover Airtran (which no longer flies and was merged into Southwest by 2014 -- maybe because Southwest still owns the name?) but not Austrian Airlines, Swiss, or SAS? Austrian and Swiss are part of Lufthansa group -- but it seems only Lufthansa would be covered under financial default.

And not surprisingly Alitalia is not on the list .

I wonder if One Ocean Expeditions was ever covered.
All interesting questions- Southwest bought AirTran. Quite possibly there are potential or lingering claims against AirTran and Allianz will make good on them when settled.

The other airlines you mention- I'm sure there are intricate financial, regulatory, and legal details that are different for each and they've figured out which risks are acceptable.

The main point is the ONLY thing that matters is checking the list pre-purchase from YOUR travel insurance carrier for YOUR policy on the date of purchase. The list can be completely different if any of these change.
 
Jun 24, 2019
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When one company acquires another there are always questions to be answered about the acquired company's liabilities. In the case of Air Tran, Southwest acquired the stock of Air Tran, and thus owns the assets and is responsible for the liabilities of Air Tran. A company might just acquire the assets of another company. In that case, it might or might not be liable for existing liabilities.

In the case of Swiss, the prior Swiss national carrier was Swissair, which went bankrupt. Swiss acquired the assets of Swissair. Whether Swiss had liability for claims against Swissair is a question for Swiss bankruptcy lawyers. As now part of the Lufthansa Group, whether Lufthansa has liability for Swiss' debts is a question for German and Swiss lawyers.

I presume the actuaries for travel insurance companies have tried to evaluate the risks of insolvency and whether parent companies or governments might step in to protect consumers in deciding whether to cover a carrier or not.

These are a fairly complex legal questions for which participants here do not give legal advice. What we can say is that to the extent a traveler buys travel insurance which is intended to cover the risk of insolvency of the operator, the traveler should read the policy to make sure that tour operator insolvencies are covered, and, to the extent some operators are excluded, whether the excluded list includes the operator you propose to use.
 
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Jan 15, 2020
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I was out of the country for 2 weeks, and when I returned.....I had another form letter from Barclay's. This time from the office of the president. It was the guy I've played phone tag with for months. The letter said the same thing they've always claimed....that I am outside the 60 days for claiming. I'm very discouraged. I believe the money is gone. OOE was a sham on so many levels. 3 people in my party have gotten their credit card companies to refund. I know one of them was United Explorer. I will cancel my Barclay's card.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
21,109
20,969
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www.promalvacations.com
So you have used all of our company contacts and no one will change this ruling? If you have - file another report here and state that you contacted all the executives and have been told they cannot refund this. If our advocates think they can do anything, they will ask for all your correspondence.
 
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Jan 15, 2020
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I did write to all of the contacts suggested, BUT I had all of them on one email. 2 of the contacts no longer exist. I only got back one response, from Anthony Mabry, in the president's office. He said he was "investigating". I had snail mailed Barclay's all my email chains from One Ocean previously. Anthony and I played phone tag for weeks. Then I got another form letter from them with the same answer........outside the dispute window. Ughhhh. I'm so exhausted from all this. Now Anthony doesn't even return my calls.
 

smd

Mar 14, 2018
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I did write to all of the contacts suggested, BUT I had all of them on one email. 2 of the contacts no longer exist. I only got back one response, from Anthony Mabry, in the president's office. He said he was "investigating". I had snail mailed Barclay's all my email chains from One Ocean previously. Anthony and I played phone tag for weeks. Then I got another form letter from them with the same answer........outside the dispute window. Ughhhh. I'm so exhausted from all this. Now Anthony doesn't even return my calls.
Here is a link to Mastercard's (not Barclays') chargeback guide: https://www.mastercard.us/content/dam/mccom/global/documents/chargeback-guide.pdf

On page 269, it says the deadline to dispute a charge is "within 90 days of the latest anticipated delivery or performance date specified by the merchant" ie the clock starts when the trip was supposed to occur.

So according to Mastercard's docs you should still be in the dispute window. However, you don't know what Mastercard's specific agreement with Barclay's says, nor are you a party to it. Still, it couldn't hurt to contact Mastercard to see if they are willing to intervene in your case.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
21,109
20,969
113
New York
www.promalvacations.com
I did write to all of the contacts suggested, BUT I had all of them on one email. 2 of the contacts no longer exist. I only got back one response, from Anthony Mabry, in the president's office. He said he was "investigating". I had snail mailed Barclay's all my email chains from One Ocean previously. Anthony and I played phone tag for weeks. Then I got another form letter from them with the same answer........outside the dispute window. Ughhhh. I'm so exhausted from all this. Now Anthony doesn't even return my calls.
We advise you to write one at a time waiting a week in between each email.

I suggest writing back to Anthony Manry and quote what SMD found- “in page 269 of MasterCards charge back guide, MasterCard states to dispute a charge “within 90 days of the latest anticipated delivery or performance date specified by the merchant" ie the clock starts when the trip was supposed to occur.The date of performance was xx/XX/XX (whatever the cruise date was)and I met that criteria. I am again asking you to dispute this charge. Otherwise will be forced to contact MasterCard directly and the Consumer Financial Protection Bureau.”

if you don’t hear from him- file a complaint with the CFPB:

 

smd

Mar 14, 2018
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if you don’t hear from him- file a complaint with the CFPB:

I don't think the CFPB will help. Federal regulations only require the CC company to allow disputes for 60 days from when you receive your bill. Allowing disputes from the service delivery date is up to the CC company. Since Barclays has already said no, I think the best bet may be that there is a policy associated with the Mastercard brand. That's why I think contacting MC may be the best path at this time.
 
Jan 15, 2020
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I just sent this to Anthony Mabry in president's office:

Hello Anthony,
I have now read (on page 269 of MasterCard's charge back guide) that I must dispute a charge “within 90 days of the latest anticipated delivery or performance date specified by the merchant". That means the clock starts when the trip/cruise was supposed to occur.
The date of performance would be the date of my cruise (Jan 18, 2020) and the cruise never happened. It was cancelled. I meet that criteria for refund...... even now. It has only been a month since my cruise did NOT occur. I have not received any goods or services.

I am again asking you to dispute this charge. Otherwise will be forced to contact MasterCard directly and the Consumer Financial Protection Bureau.”

Jean Hall case ID XXXXXXX

Edited by moderator to remove case ID number
 
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