Do u know anything about Travel and Tourism Law?What do you think the outcome of the case below was? help?

Question

A couple booked a 2 consecutive cruises from Montego,Jamaica.Included in the package was flight from UK.They paid an upgrade fee for premium service which included better seats and in-flight&security priority bagage location.the outbound flight was delayed for a range of reasons including the delay of the incoming flight,prolonged safety checks,strong headwinds and a damaged runway.the flightwas diverted for refuelling and a new crew had to be obtained for the last part of the journey.During the flight they did not receive the special meals expected as a part of the premium service and they found the crew unhelpful.despite assurances that the cruise ship would wait for them,it had in fact departed.they were offered the alternatives of a week at an all inclusive 4* resort,catch the 2nd cruise & £100 each in compensation.they chose to stay.On return, they claimed against Airtours,arguing the causes of the delay were foreseeble & that the cruise ship could have waited for them.Pease help

Answer 1

To be honest I dont fancy the chances of being offered anything more than they have accepted. Once compensation is offered and accepted there is no chance to appeal for more because you have already agreed to a settlement. Sadly, Airtours are known for being unhelpful in cases similar to this. The only advise I can give is not to book with ScareTours again.

Answer 2

A cruise liner will not wait for a passenger ,They are bound by departure times as well as docking charges and pilot fees.

These charges are in the thousands of pounds region ,and a delay will incur penalty's, so it is up to the passenger to check in on time. .

As for the flight,they had ordered special meals and they should have been delivered , Delays in the flight caused by headwinds could not be foreseen. Though i would imagine Air tours have a duty to get them to the dock in reasonable time before check in.

Answer 3

I'm in the US and agree with several points already made -

Cruise ships cannot & do not wait.

Airline can't predict the weather and the consequences

Passengers accepted the compensation offered (although I would have held out for much for)

I would still hound Airtours to refund the amount paid for the flight upgrades and not accept "no" for an answer.

I'm not familiar with Airtours, however, if these people had booked through a travel agent, and if Airtours has a reputation, then the agent might have steered them to a more reliable company.  If they did book this through an agent, then they should be on the phone with the agent 3 or more times a day pushing to get a fair compensation.

The passengers would have much more recourse if they had purchased travel insurance.  I always recommend my clients purchase travel insurance from a reputable, independent supplier in the US such as Travelex or TravelGuard rather than purchase the insurance from the tour company or cruise line.

There are several excellent reasons for doing this:

- Independent insurance covers all aspects of your trip vs. limited coverage by tour company or cruise line

- More comprehensive coverage at a lower price from independents

- Some tour companies offer compensation in the form of credit on a future trip (and may not be enough for a full trip) instead of a cash compensation.

If they had had travel insurance, your passengers would have been able to file an insurance claim for Trip Delay, Missed Connection, Itinerary Change, and possibly other aspects of the insurance policy.  

I strongly recommend travel insurance to all of my clients.  If you are spending a nice sum for a well-deserved vacation, spending a little more to assure you are covered for "vacationi disasters" is a small price to pay.  

Best of luck!

Answer 4

Unfortunatly, the problems with the flight delays are not down to Airtours. No one can forsee delays due to strong head winds or delays from an incoming flight. It is very unfortuante that there was so many problems with the flight and this can be taken up with the airline with regards to the meals and the attitude of the staff. As advised the cruise ship has to depart when advsied as they have time slots and can only delay for a short period of time if at all. If you have any questions you can talk to ABTA and ask for their advice as to where to go next if they are still unhappy.

Hope this helps.

Answer 5

A ship cannot wait too long for passengers because of docking fees, pilots, tug boats and of course the tides. The ship has to get out of port before sea level is too low.

Anyway, I don't think the delays in the flight were foreseeable.