When Denise Elwell tried to get a refund for her Celebrity cruise, the last person she expected to have a dispute with was her travel advisor.
But that’s exactly what happened. Celebrity overcharged her by $641 in a fairly complex transaction that involved discounts and gift cards, and her travel advisor simply kept the money — at least, that’s what it looked like to her.
“I have emailed my agent multiple times to check on the status of my refund,” she says. “He said he isn’t having any luck with Celebrity and is only offering credit towards a future booking with his agency.”
Elwell’s case raises a few questions:
- What is your travel advisor’s responsibility when you overpay for your cruise?
- Can your travel advisor keep your refund?
- What are the steps you can take to get your money back?
First, let’s find out what happened to Elwell.
“There was an overpayment”
Elwell had paid $4,823 for a three-night cruise to Mexico and the Caribbean on the Celebrity Summit. She made the arrangements through a local travel advisor. She also had a $300 reward credit applied to her booking.
After making her final payment, she received an email from the travel advisor.
“There was an overpayment,” she recalls. “I would be receiving a refund for $641. I had asked if it would be credited back to the credit card used for payment, but he said I would receive a check.”
Months went by, and Elwell didn’t receive her money. She repeatedly contacted her agent to inquire about the status, but he only offered a credit toward a future booking, claiming he was “not having any luck with the cruise line.”
Unhappy with this response, Elwell reached out to various organizations for help, including Celebrity customer service, the Better Business Bureau, the Illinois attorney general, and the American Society of Travel Advisors (ASTA). But Celebrity refused to discuss the issue with her directly because the booking was made through a travel agency.
And that’s when Elwell’s case landed on my desk.
What is your travel advisor’s responsibility when you overpay for your cruise?
When you book a cruise through a travel agency, it is more than a middleman handling your reservation. An agent is supposed to be your advocate.
That includes ensuring that the pricing is accurate and that if you overpay, you get a prompt refund. Travel advisors, particularly those affiliated with a professional organization like the ASTA, are held to a high standard of ethical responsibility. In other words, they’re supposed to act in your best interest, providing clear communication and resolving issues such as billing discrepancies.
If you discover that you’ve overpaid for a cruise, the travel agent is generally responsible for following up with the cruise line or supplier to resolve the issue on your behalf. (Related: Why won’t Celebrity Cruises cover my therapy bill?)
In Elwell’s case, the reason for the overpayment was complicated — a combination of an improperly applied $300 credit and another billing error.
It was the travel agent’s responsibility to facilitate the refund and ensure it was processed back to Elwell’s original form of payment.
But the situation isn’t always clear-cut, and travel agents often face challenges when working with cruise lines. In Elwell’s situation, Celebrity was the ultimate source of the overcharge, but her agent failed to communicate effectively or actively pursue the refund.
Instead, he told Elwell that he wasn’t having “any luck” with the cruise line and was offered only a credit toward future travel. Elwell believed the agent might have simply pocketed the money.
This leads to a crucial question.
Can a travel advisor legally keep my refund?
No, your travel advisor can’t simply keep your refund unless you have explicitly agreed to something like a future travel credit. Under Federal Trade Commission regulations, agents must return overpayments or erroneous charges to the original payment method.
Elwell’s case is eerily similar to Nartach Djepbarova’s airfare refund problem a few years ago. After Delta Air Lines canceled Djepbarova’s flight, Delta issued a full refund to the travel agency. But instead of the money being returned to the traveler, the agency kept it, citing “handling fees.” Just like Elwell’s situation, the agency was obligated to return the full refund to the customer. And after I gave it a nudge, it eventually did.
I’ve also seen travel agencies try to keep refunds by implementing a separate no-refunds rule, but that’s also wrong.
Your travel advisor might try to keep a portion of the refund if it’s to cover a valid commission or service fee. (As a customer, you would know about that well in advance.) Otherwise, any refund for a billing error must go directly back to your original payment method. That’s usually your credit card or bank account. (Related: Am I being scammed by Celebrity Cruises?)
Elwell’s frustration is understandable: although her agent assured her she’d get a check, no refund materialized. All she got was a future booking credit with the travel agency. To her, it appeared as if the agency was pocketing money from the cruise line.
(This does raise an interesting question: Should travel advisors be able to keep the commissions when a company refunds their customer? Some advisors feel they should. Scroll down to take our poll.)
What steps can you take to get your money back from a travel advisor?
If you’re in a similar situation where a travel agent may have mishandled your refund or billing issue, here are some steps to take:
Reach out to the cruise line directly
Even if you made a booking through a travel agency, cruise lines sometimes have policies that allow customers to resolve billing issues directly. Make sure to have your booking reference and any communications with the agent handy when you call.
Blaze a paper trail
Keep a detailed record of all communications with your agent, including emails, phone calls, and any written statements about the refund. This will be helpful if you need to escalate the issue to a third party — like, ahem, our consumer advocacy team.
Escalate to a higher authority
If your agent is unresponsive or unwilling to help, consider filing a complaint with your state’s attorney general or the Federal Trade Commission. Or you could contact Elliott Advocacy for help. These organizations can help mediate disputes.
Complain to a travel industry organization
If your agent is a member of a professional association like ASTA, you can file an ethics complaint directly with it. Travel advisor organizations have strict standards, and they can often assist in resolving disputes between consumers and agents. (Note: Suspensions are as rare as a blue moon. Still, ASTA can give your case a nudge if you ask nicely.)
Sue ’em
In rare cases, if you have exhausted all other options and your cruise line or agent is still withholding your refund, you may need to pursue legal action in either regular or small claims court to recover your money. This should be a last resort, but it’s an option available in some jurisdictions. Another possibility: A credit card dispute under the Fair Credit Billing Act. If she paid with a credit card, Elwell might have been able to recover her overpayment quickly.
In Elwell’s case, her best course of action was an escalation to Celebrity Cruise’s customer service department. When that didn’t work, she turned to several consumer protection agencies for help. And finally, she came to us.
“I received a check”
This was a case for our advocate Dwayne Coward. He stepped in and contacted both the travel agency and Celebrity Cruises on Elwell’s behalf.
A few weeks later, we received some good news:
“I am pleased to advise you that I received a check from my travel agency for $641,” she wrote in an email. “It took just over a year to get this resolved.”
While the resolution came much later than it should have, Elwell was grateful for the assistance that helped finally bring closure to her case.
Elwell’s case serves as a reminder that all travel advisors are not created equal. Finding one who will act as your advocate is not easy. (Here are a few strategies for finding one.)
It also highlights the necessity of holding agencies accountable for following through on promises and processing refunds in a timely and transparent way. If you find yourself in a similar situation, remember that you have options.
Loading ...FAQs
No, a travel agent can’t legally keep your cruise refund unless you explicitly agreed to a different arrangement, such as accepting a travel credit. Refunds for overpayments must be returned to your original form of payment under consumer protection laws.
Start by contacting the cruise line directly with your booking reference. If that fails, escalate by filing complaints with your state attorney general, the Better Business Bureau, and organizations like ASTA. You may also pursue a small claims court case if necessary.
Keep a detailed paper trail of all communications. If your travel agent refuses to refund you, you can dispute the original charge with your credit card issuer under the Fair Credit Billing Act within 60 days of the transaction.
Celebrity Cruises is owned by Royal Caribbean Group, one of the largest cruise companies in the world. Royal Caribbean acquired Celebrity Cruises in 1997 and continues to operate it as a premium cruise brand.
In most cases, refunds will post to the original form of payment about 7 to 10 days after they’re fully processed. However, some refunds may take up to 30 days to post. However, if a travel agent delays or mishandles the refund, it can take much longer — sometimes over a year without strong follow-up or legal action.
About this story
I’m sorry about the controversial poll question, but I just had to ask. We’ve been dancing around this question for years, and I think some travel agents feel they should be able to keep their commission when consumers get a refund. I’d love to know what you think. This article was written by Christopher Elliott, edited by Andy Smith and his team, illustrated by Dustin Elliott and produced by Avinash Srivastava with help from Mel Smith and our amazing advocacy team.
Your turn. What are your thoughts on refunds and travel agents? Our comments are open. Just scroll down to share your opinion with us.
