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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I paid a deposit for a cruise for 4 people which was advertised

Resolved Question:

I paid a deposit for a cruise for 4 people which was advertised in the press as Southampton to New York and confirmed as NY . In fact the ship docks in New Jersey and will not take in The Statue of Liberty' the highlight of our cruise. I requested port side cabins for the photo opportunities which the agent was aware of. AFTER confirmation, the itinerary showed the NEW Jersey arrival point. How do I stand re cancellation and 100% refund ? MasterCard are holding the payment for 30days and they believe the holiday may have been misleadingly advertised.
Colin Wright
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did the cruise state New York City please?
Customer:

No, New York for the cruise. But as I said the arrival was in a totally different state. From ad. verbatim 'set sail from Southampton to New York.......................

Alex Watts : Have you gone on the cruise or just booked please?
Customer:

Just booked and when the small print was read I noticed that the destination was different to that in the confirmation. (after deposit paid) The New York part was the reason for booking.

Alex Watts : If there is a clause which is material to the contract they have a duty to make reasonable attempts to bring it to your attention.
Alex Watts : There you would be entitled to cancel be seek a whole refund of 100%
Alex Watts : you paid by credit card so MasterCard are jointly liable under section 75 of the consumer credit act.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Does that mean that I would have to go through all the terms and conditions small print (if I have them) to determine this ? I cannot see them having a clause which would tell me they have should bring such things to my attention. I would have thought that they have been 'naughty' in attempting to sell the cruise as SOUTHAMPTON TO NEW YORK when blatantly is is not.

Alex Watts : If they tried to hide it they should not have. They need to bring onerous terms to your attention but yes also you should have read the terms,
Alex Watts : Can I clarify anything else?
Customer:

No the area I had problems with is less grey now ! But finally the terms and conditions did not arrive until after the booking was made and deposit paid.

Alex Watts : If the terms did not arrive until after then you are not bound.
Alex Watts : Does this help?
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