Travel question: What are my rights if we have to abandon ship?

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Going nowhere? Norwegian Pearl on a previous voyage (NCL)

Q I take many cruises but I was aghast to see how the passengers on Norwegian Pearl were treated after the ship broke down in Barcelona. You wrote that the voyage ended 500 miles short of their destination in Rome but that the cruise line was being stingy in paying for onward flights. Should I ever find myself in this unfortunate position, what are my rights?

Jane H

A The voyage that ended abruptly in Barcelona was not a happy one. The passengers aboard Norwegian Pearl were initially told the ship would miss a call in Monaco but would sail to Livorno (the port for Florence and Pisa) as planned and end up in Civitavecchia, the port for Rome, on schedule tomorrow morning. But eventually, yesterday afternoon Norwegian Cruise Line (NCL) told passengers the voyage had been abandoned.

Every passenger has agreed to a term which says NCL “has the sole discretion and liberty to direct the movements of the vessel”. It allows the cruise line to “cancel any scheduled call at any port for any reason and at any time” and “omit, advance or delay landing at any scheduled or advertised port”. All of this is without the firm “incurring any liability to the guest on account thereof for any loss, damage or delay whatsoever, whether consequential or otherwise”.

In fact, NCL has offered passengers half their money back, plus a credit for the same amount for use on a future voyage within two years. For a typical £1,500 cruise, this would amount to a cash refund of £750 plus the same again in a voucher. Since passengers had enjoyed about two-thirds of their intended voyage, that seems a reasonable settlement.

But I was surprised to see that the firm said: “We will also cover up to $300 in flight change fees.” That is a limit of £235 for additional air fares. One flight I checked for yesterday evening, from Barcelona to Heathrow on British Airways, was in such demand that the fare rose to £513.

In the very unlikely event that you find yourself in the position of such extreme disruption, do what you can to mitigate the loss – for example, trying to cancel a pre-booked hotel at the end of your voyage – and then pursue the cruise line for any significant additional losses. If that is refused, then try your travel insurance. Still no joy? Consider legal action, though the way the contract is worded means it may be a struggle.

Every day our travel correspondent Simon Calder tackles a reader’s question. Just email yours to s@hols.tv or tweet @simoncalder