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That’s just splendid! Carnival refunds dead passenger’s fare

September 30, 2009

splendorNow there’s a headline I thought I’d never write. But it’s true: Carnival has refunded a passenger’s cruise fare after a last-minute cancellation.

A few special circumstances apply to her Mexico itinerary on the Carnival Splendor, though.


Mara Adelman, her daughter, picks up the story.

Over three months now I have been unable to recover my refund with Carnival. On June 21st, Carnival canceled our cruise to Mexico due to an approaching hurricane.

Due to the economy, Carnival canceled all ships until September – or so we were told.

My 95-year-old mom lived in Puerto Vallarta and I had to get her back to the USA for medical check-ups. Since she needed oxygen and suffered from altitude problems, we had to take the boat.

Carnival never notified me or my travel agent of the cancellation, although they had all my contact information and email. Thus, at great risk to my mother, we flew home.

The stress of this trip without oxygen and the altitude problems resulted in such stress to her body that she suffered greatly upon our arrival home. She died two months later.

Although we had trip insurance and I emailed the earlier hospice letter, her doctor’s letter, and finally her death certificate to Carnival, we have not received either a response nor refund from this cruise line. My AAA travel agent has worked hard on our behalf to obtain the refund.

Do you think people who have been through so much grief, anxiety, and great effort have to endure this insult from Carnival Cruise?

A few notes about Adelman’s experience: Carnival should have notified her travel agent about the cancellation, and her agent should have told her. Under its cruise contract, it should offer a full refund for a canceled voyage. But as I read the fine print, I’m not entirely sure. Section 7 reads:

(d) If the performance of the proposed voyage is hindered or prevented … [by] any other cause whatsoever or if Carnival or the Master considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the port of Guest’s destination may expose the Vessel to risk or loss or damage or be likely to delay her, the Guest and his baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call, at which time the responsibility of Carnival shall cease and this contract shall be deemed to have been fully performed, or if the Guest has not embarked, Carnival may cancel the proposed voyage without liability to refund passage money or fares paid in advance.

The way I see it, Carnival is saying that if a hurricane threatened Puerto Vallarta, it could keep Adelman’s money. (I’m not a lawyer, so maybe I’m missing something.)

I checked with Carnival. Here’s what it told me:

As Ms. Adelman indicates, her mother took the Carnival Splendor as a means of transportation between Puerto Vallarta and Los Angeles. Carnival changed the itinerary of the Carnival Splendor’s June 21 cruise due to weather. Ms. Adelman and her mother were unable to return to Los Angeles via the ship and, per her doctor’s instructions, were advised to fly.

Ms. Adelman submitted a claim to her insurance and it was denied.

We understand that Ms. Adelman’s mother subsequently passed away and, as a gesture of goodwill, it was determined last week that we will be providing Ms. Adelman a refund in the amount of $1,288.

How interesting. So Adelman had insurance, but her claim was denied (probably because of a pre-existing condition). For three months, Carnival didn’t communicate with Adelman or her agent. And then, after I inquired about her case, Carnival says it made a decision to refund her fare a week earlier, but that it hadn’t told her yet.

OK, then.

Here’s my takeaway from cases like this: Once you pay for a cruise, kiss the money good-bye. Your insurance company and cruise line will do everything in their power to keep the money — whether you sail or not.

(Photo: Miss Shari/Flickr Creative Commons)

Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.

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26 comments

  • http://www.ffocus.org Bruce InCharlotte

    That section 7 (d) was enlightening. If Carnival can’t get the Vessel to the Guest’s destination port for any reason whatsoever, the Guest can be landed at any port the Vessel may call and the contract shall be deemed to have been fully performed.

    So… if we leave from Fort Lauderdale, but we feel like we can’t get back, we’ll dock at Key West and those 200 miles are up to you!

  • Jean Farmer

    Elliott you really aren’t being very fair in making the statement once you pay the cruiseline and insurance will do whatever to keep your money. This person obviously should have checked the travel insurance for pre-existing condition coverage or whatever the reason for the denial. I have people all of the time have claims and have no problems either getting a refund from a cruiseline (when it is warranted) or making a claim to a travel insurance company but of course that is up to the agent to make sure the insurance they buy will cover the situations they are concerned about.

  • Evelyn Fine

    I think the key here is not taking the cruise company’s insurance and being careful which independent insurance company products you do buy.

    For several reasons I, and traveling companions, have had to cancel cruises. Each time, with valid and reasonable paperwork, our refunds came promptly and (relatively) effortlessly.

    In fact, in one instance I did not have insurance and had to cancel a cruise on the day of sailing because of a death in my family. Crystal Cruises actually offered me a future cruise credit for the amount I had paid.

    The moral of the story; choose your Cruise Line & Insurance Carrier carefully.

  • http://americaonline barbie45

    Chris you so right; darned if you darned if you do not;she used a travel agency purchased insurance ; thats why we need people like you .

  • David H

    You’ve mentioned before that if a cruise line takes you for a ride around the port and gives you dinner at a local restaurant, they’ve fulfilled their contract. It seems they don’t even have to do that anymore going by this Carnival contract.

  • Sarah

    When she booked the cruise, she agreed to the contract that ports can be changed without notice or reimbursement. In some cases, the cruiseline may not know until the day you are supposed to visit that port that it is not safe to do so. That is the risk you take when you book a cruise. Ironically it is safer than booking a land vacation since a cruise will just take you to different ports, while if you book a land vacation, you’re SOL. There will also be situations where the embarkation port will be unsafe to return to, i.e. New Orleans after Hurricane Katrina. Above all, it is the cruiseline’s responsibility to keep the guests and crew safe.

    A travel agent who is really on top of things should be watching situations like hurricanes and checking with the cruiseline themselves to see if there are any itinerary changes. Cruiselines also post itinerary changes on their websites where they are publically accessible.

    I book a cruise directly with the cruiseline so that I do not have to go through a travel agent for any communications. I book airfare seperate directly with the airline for the same reason and so that I can retain some control of the flight days and times. I book independent travel insurance within 14 days of booking so that it covers any preexisting conditions. I do not prepay for hotels unless absolutely necessary and book directly with the hotel unless I can get a very good deal on a discount site at a rate that I can write off.

  • Sarah

    For the record, I do like that Carnival did refund the passenger’s cruise since this was a special circumstance even though the travel insurance claim was declined.

  • SirWired

    That 7 (d) would almost certainly not stand up in court. A company can put whatever they like in a contract, but I’m pretty sure that not fulfilling the basic point of the contract would be considered “unjust enrichment,” and that section of the contract would be rendered null and void. If you read that section literally, it says that if they can’t continue the voyage for any one of many reasons, including the breakdown of the ship, they can just dump you wherever they feel like, and you are then on your own to get home, and not entitled to a refund. And if you haven’t left yet, they can keep your money anyway. Such a tariff rule in an airline contract would be slapped down by the FAA without hesitation.

    Of course, there is also a mandatory arbitration provision, making getting your day in court difficult or impossible.

    Chris, I think that contract section may be a story in and of itself. I can only imagine how Carnival would respond when you asked them why their contract allowed them to keep your money even if the ship never left port due to being broken.

  • Joe Farrell

    The way a cruise contract is worded – they could take you out in port in a dinghy and return you to the dock 20 min later and that would satisfy their obligation to you. All those ‘for any reason at any time in our sole discretion language’ means they could take you to the harbormaster, dock you, bring you to the roach coach parked out front, feed you and then drop you right there and pocket your money.

    I honestly cannot believe that anyone ever cruises – you have no legal recourse, no rights, and no forum within which to complain. The ships get older every day, the cabins more worn, more things break down, and the cruise companies have less money to fix and rehab and repair that they have had recently, and cruise contracts that let them off the hook short of a sinking – and even then they’d claim it was an act of God since ships do not sink absent some intervening cause. . . . Have a nice time.

  • http://www.YourCruiseDream.com Chris Owen

    Sounds like the travel agent dropped the ball to me. Carnival is really good about informing agents of itinerary changes…if that info gets passed along to the guests in a timely manner or not is another story altogether

  • http://www.worldwidemedical.com kweed

    I’m glad people are finally realizing the downside to buying travel insurance from your cruise line or travel agent. A reputable, 3rd party travel insurance expert would have made sure you purchased a plan with cancel for any reason and pre-x coverage.

  • Bela Fleck

    Ships don’t sink, absent some intervening cause? Like rear-ending a Suzuki (like this guy)? http://boards.cruisecritic.com/showpost.php?p=12739557&postcount=1 (Okay, they didn’t sink, but geez, what a great story!)

  • Carrie Charney

    Thank you, Bela Fleck, for that link to Sailor Jack’s cruise journal. Thank goodness, no one was home to see me laughing with tears in my eyes. He is a very good writer!

  • Jennifer (the other one)

    The fact that a cruise line doesn’t have to refund your money even if the cruise is delayed by several months, and you die in the meantime, is rather frightening. However, I have to wonder about this:

    “Since she needed oxygen and suffered from altitude problems, we had to take the boat….The stress of this trip without oxygen and the altitude problems resulted in such stress to her body that she suffered greatly upon our arrival home. She died two months later.”

    I’ve seen passengers on commercial flights with what appeared to be oxygen tanks, and a quick Google search reveals that I wasn’t hallucinating – it’s perfectly possible to fly with oxygen. Also, I find it difficult to believe that there was no other way to get from Puerto Vallarta to LA without flying. I understand that her daughter is grieving, but implying that Carnival caused the woman’s death is over the top.

  • Carver Farrow

    I concur with Joe’s analysis. Cruise ship law seems akin to the law of the wild west.

    @Sirwired.

    You would be correct if this were a regular contract. However,cruise ships operate under a different set of laws so you cannot apply generally accepted legal principles when dealing with cruise ships.

  • Eric Smith

    Amen, Joe! I would never take a cruise. It’s probably the only mode of transportation where you have fewer rights than on a plane. At least on a plane, they have to get you to your destination, or refund your money.

    If airlines could play by the cruise industry’s rules, Delta could dump you in Pheonix and leave you swim to Hawaii, and not have to return one red cent.

  • Bela Fleck

    Cruise ships do not operate under a different set of laws. For most major lines we’re familiar with, their headquarters are located right here in the good ol’ U.S. of A – often somewhere in Florida, like Miami. Only the ships themselves are foreign-flagged and not subject to US law.

  • Bela Fleck

    Let me rephrase that first line to say “Cruise lines do not operate under a different set of laws.”

  • Carver Farrow

    @Bela

    Be that as it may, cruise ships and the activities on board are governed by maritime and/or admirality law, a body of law that 999 out of 1000 attorneys, myself included, are completely ignorant about.

    The point is that most disputes are civil actions, even if the state still segregates them by type of civil action. Martime and admiralty actions are not civil actions and therefore the operate under their own set of laws which are usually very different from the legal framework which most of us are familiar with. In fact, though a state court may try these cases, it is supposed to apply the maritime or admiralty law.

  • Bela Fleck

    Yes, but…the contract is subject to the same set of laws as your basic airline carriage of contract, I believe. Doesn’t Maritime Law kick in only once you’re in international waters? And aren’t we talking about the contract and whether or not it’s been fulfilled here? My cruise contract says NOTHING about it being governed by Maritime Law and that jurisdiction for any lawsuits is the United States District Court for the Southern District of Florida in Miami or in the instance of a federal case, a federal court in Miami-Dade County ONLY.

    Of course, the contract also states you can only sue for personal injury, illness or death caused by Carnival’s negligence. All else must proceed through mandatory arbitration, with no alternatives, no appeals, no class action suits, and a lousy track record of wins for the individual.

  • Sahsa

    I have a few problems with this complaint, first of all this woman was 95 or possibly 94 living out of the country for whatever reasons, but needing the care that she probably received through her medicare benefit so she in reality cannot travel and should be living in closer proximity to her medical providers however, it is the cruise companies fault that she died? Somehow we have become a country that cannot or will not assume any responsibility for our own actions. This in my opinion is the primary reason that we are in such trouble in so many ways.

  • Joel Wechsler

    @Joe Farrell Regardless of the fact that a cruise passengers rights seem limited, the reality is that thousand of people cruise without problems and the cruise lines, at least the reputable ones, are pretty good about dealing with unexpected itinerary changes. As to the ships themselves, you are sadly misinformed. New cruise ships are cioming on;ine on a regular basis and the older ones are regularly refurbished, at least by the better companies.
    @kweed Any reputable travel agent should be selling insurance from one of the handful of reliable companies, such as Access America or TravelGuard and advising his/her clients about coverage for such things as pre-existing conditions.

  • Jessica

    CLARIFICATION FOR SECTION 7D I’m also no lawyer, but I’m pretty sure you’ve misunderstood this section to mean that Carnival gets to keep her money. What it’s talking about is that if a cruise has to be canceled before you’ve gone on the cruise, they’re not liable for refunding any airline tickets you may have already purchased to get you to the port or other prepaid expenses for the trip like a car rental or a 3rd party shore excursion. There is surely a different section that talks about their policy regarding the actual cruise fare you’ve paid to Carnival–whether they give you a refund or Carnival credit, etc.

  • http://americaonline barbie45

    After reading this story several times Ihave come to the come to the conclusion that carnival was very fair in refunding her money;there are so many variables why a cruise to reach her mother ; what was a 95 year old woman doing in an area without a medical support team; how nice to take a cruise instead of a flight which is well no comment; carnival bowed to pressure from your intervening ; also if she she had to sue anyone try aaa ; obviously it failed to keep her informed and may have sold her the incorrect insurance; donnot blame carniva,which as a cruise line Iam ot partial to.

  • Kimberly

    Hmmm…I guess I’m a little surprised that Carnival was able to do this. I thought they only had “Closed Loop” cruises. Interesting. Carnival isn’t a “medical transport vessel” so it seems weird that they would pick up an ill elderly person and deliver them to the US. My condolences for losing her mother.

  • Jennifer Hanuschak

    I could be wrong, but that paragraph from Carnival’s contract sounds like it only applies when the ship is already at sail. Is it even relevant to this case, then?

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