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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49851
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We booked a cruise on 20thof September the agent said we may

Customer Question

We booked a cruise on 20thof September the agent said we may be upgraded to a balcony instead of an inside cabin we said we would pay stright away on the day. We went away on the day with all the paper work.we read it through three weeks ago to see what cabin number we have as we leave on the 1st of December .we read it through it said to our surprise we had a balcony room.we then rang to find out what cabin number was and they ask us to got in to see them at travel agents on the 16thof our disappointment they told us we don't have an outside cabin with balcony and that it's an outside cabin.said all she can do is aplagoise the agent we booked it with had made a mistake on the paperwork .we travel in a weeks time and we are very disappointed and have asked to see the manager today about it .could you give us any advice on this we feel they should let us have the upgrade to outside cabin with balcony as that is what was written down on artinary thank you for your help Ms Lynn foley
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Although this is what was written on the itinerary, was it actually promised to you or was it just a possibility?
Customer: replied 2 years ago.
Was suggested has been known a possibility to be upgraded
Expert:  Ben Jones replied 2 years ago.
ok so it was only a possibility and at no stage were you actually guaranteed an upgrade?
Customer: replied 2 years ago.
No.we assumed we had been with it being written down on paperwork
Expert:  Ben Jones replied 2 years ago.
The issue here is that you were never guaranteed an upgrade and it was always a possibility, rather than a given. The fact that it was written on the paperwork, especially if it was an error, does not make it legally binding. Errors do happen and in this case it was an error to do with something which was not a guarantee. If you were told that the upgrade was guaranteed and that you had been given the better cabin, then it was confirmed in writing and at all times you were made to believe that this had been resolved, your position would be stronger. However, in the circumstances the only thing that gave you an indication was the paperwork, whereas in all other discussions it was clear that this was still only a possibility, not a guarantee. I understand your disappointment and you can certainly push the company to try and honour this, but this would very much only depend on their customer service. You can raise a formal complaint through their complaints procedure and pursue it as far as you can, but if they refuse to upgrade then your only option is to go to court to try and seek some compensation. However, that would be risky as you have not actually suffered losses – you were not charged for an upgrade and then got something lower, so you do not have any losses to show. Also assuming this was a genuine error and there were no other indications that the upgrade had been given, it makes it a risky step to go as far as court. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.