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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 55191
Experience:  Qualified Solicitor
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My friend and I spent Christmas on MSC Marco Polo cruise ship.

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My friend and I spent Christmas on MSC Marco Polo cruise ship. It was horrendous! We spent two weeks on this dreadful ship and even though we have written letters to directors of MSC, and ABTA. We get constant platitudes and now ABTA wants us to go to arbitration. I don't think this will be to our advantage. Can we go to small claims court as we were told that we can sue for 'loss of enjoyment".
I kept a diary and it shows the absolute travesty of this cruise.
Hoe you can advise.
Ann Hickman
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How much did you pay for the cruise and how much are you seeking to recover?
Customer: replied 2 years ago.
£3,800 and I've said I wanted the whole amount.
Thank you. It is indeed possible to make a claim for damages for loss of enjoyment of a holiday. However, you will be very ambitious to recover the full value of the holiday. Such cases are generally examined from a point of view that the value of the holiday had reduced and as such you would usually be entitled to a proportion of the costs back, but very rarely the full costs. After all you would have still had some enjoyment of the experience, the facilities and services so a full refund is unlikely. So you are entirely within your right to consider taking the matter to the small claims court and claiming for compensation for loss of enjoyment of holiday and generally that would be a relatively low risk step as even if you lose you are not usually required to pay the other side’s legal fees. Also you may wish to read this summary on losses awarded in the past to a ruined cruise, it is quite interesting reading, especially in your position: This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take the natter further to the courts, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Customer: replied 2 years ago.
Sorry to have taken so long. By your answer, it seems that I will not get much satisfaction. After reading the article you included, I wonder how these companies can get away with such dreadful service and not have to compensate with substantial amounts to the injured parties. MSC must be laughing as they obviously knew that we would have very little recourse. I would still like to let everyone know what they're like, even though we won't be compensated.
I am not saying you will get very little but at the same time I cannot tell you that you will walk away with a substantial sum. There are many variables taken into account and each case is considered on its own merits, but of course if you were to claim you would inevitably be risking walking away with nothing or very little, so it is up to you whether you want to take that risk or not. You are of course still entitled to voice your concerns over this experience and write reviews, and as long as you only post factual information, rather than twist the truth, you will not be liable as they cannot pursue you for telling the truth. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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