Have you been impacted by the Ponant cancellations with no refund

[luxury-lizard]

Just wondering how many other AFFer''s have been impacted by Ponant's sudden cancellation of all cruises worldwide from March 15 - after steadfastly insisting that all cruises would proceed as scheduled as late as the day before - also they offered no slack to customers wishing to cancel earlier (like other cruise lines).

Our cruise, scheduled for March 17 ex-Cape Town, was of course cancelled - we were already in Cape Town so immediately booked the next flight back to Sydney.

As you would also know - Ponant have only offered a credit valid for 18 months (from what date was not specified) + 20% discount on a future cruise.

I suspect many passengers would prefer a refund - we're undecided on this but would definitely like the option. There is a thread on CruiseCritic with only a a small number of different posters quite antsy about this - quoting from their contracts etc etc

I am seriously disappointed in Ponant's handling of this global crisis - while other cruise lines acted much earlier - Ponant "pretended" all was fine - we could have been on one of those severely impacted ships with nowhere to dock.

We're still recovering from jetlag having only gotten home at 11pm last night so have not contacted Ponant about this - we have many other issues related to this aborted trip to deal with (including self-isolation).

I'm interested in others view of this and what they are planning to do.

 

[Pushka]

Just wondering how many other AFFer''s have been impacted by Ponant's sudden cancellation of all cruises worldwide from March 15 - after steadfastly insisting that all cruises would proceed as scheduled as late as the day before - also they offered no slack to customers wishing to cancel earlier (like other cruise lines).

Our cruise, scheduled for March 17 ex-Cape Town, was of course cancelled - we were already in Cape Town so immediately booked the next flight back to Sydney.

As you would also know - Ponant have only offered a credit valid for 18 months (from what date was not specified) + 20% discount on a future cruise.

I suspect many passengers would prefer a refund - we're undecided on this but would definitely like the option. There is a thread on CruiseCritic with only a a small number of different posters quite antsy about this - quoting from their contracts etc etc

I am seriously disappointed in Ponant's handling of this global crisis - while other cruise lines acted much earlier - Ponant "pretended" all was fine - we could have been on one of those severely impacted ships with nowhere to dock.

We're still recovering from jetlag having only gotten home at 11pm last night so have not contacted Ponant about this - we have many other issues related to this aborted trip to deal with (including self-isolation).

I'm interested in others view of this and what they are planning to do.

Did you pay by credit card? I wonder if that is an option?

 

[luxury-lizard]

Yes paid by AmEx and would consider the chargeback approach as a last resort but have not investigated this option so not sure if it would meet the criteria.

 

[drron]

We had a Silverseas cruise cancelled 2 years back.Was to end in Easter Island.We had booked Latam flights from there to SCL which were meant to be cancellable but Latam refused a refund.6 months later I asked Amex whether I could do a chargeback.No problems and the money soon back on my Amex card.

 

[luxury-lizard]

Thanks for the heads up @drron - my concern with the credit only approach is that you are totally stuffed if Ponant goes under (even though the holding company is privately owned by a French billionaire) - also even if they survive and prosper I'm thinking my future spend with cruise lines, hotels, airlines and other retailers will be with the ones who are "doing the right thing" by their customers in these difficult times particularly for the travel industry. I suspect others will follow suit.

 

[ftm]

We have clients affected with Ponant as well, and the current option only being the future credit. We’ve asked for a refund for some bookings (others are happy with the FCC), and still working through that option with them. We haven’t had success yet, but the game is still being played.

I agree that it makes you think about their likelihood of getting through this period, even without anything else to base that off.

 

[MEL_Traveller]

Yes paid by AmEx and would consider the chargeback approach as a last resort but have not investigated this option so not sure if it would meet the criteria.

Why wait? Do the chargeback now. Get your money now while you can!

 

[goldenhorn]

Why wait? Do the chargeback now. Get your money now while you can!

TOTALLY agree. Did you pay with AMEX? I find they are fabulous with chargebacks and immediately take the side of the customer.

You paid for the cruise and they didn't deliver the product (and perhaps were a bit deceptive with the state of things).

I too would be nervous about taking credit for a future cruise as the cruise industry is going south so quickly. Who knows which companies are going to survive!?

 

[Pushka]

TOTALLY agree. Did you pay with AMEX? I find they are fabulous with chargebacks and immediately take the side of the customer.

You paid for the cruise and they didn't deliver the product (and perhaps were a bit deceptive with the state of things).

I too would be nervous about taking credit for a future cruise as the cruise industry is going south so quickly. Who knows which companies are going to survive!?

this is great to hear. I'm going to be lodging a couple myself.
Re the Voucher. I repriced the cruise we are supposed to be on in July - exactly the same ship/itinerary/cabin/date and it is 58% higher! Yet people are taking the voucher option when the cruise is cancelled.

 

[tgh]

Had a long chat with our ta today.. they are in deep manure as all they do is cancellations.
Majority of cancellations result in a loss of the sale commission.
Our SS cruise has not been cancelled.. yet.
We still have the option to cancel with the loss of our airfare cancel penalty + the cruise penalty.. about 1500 aud
The cruise line will likely cancel in the next few weeks resulting in the ta keeping their commission and us receiving a full refund.. or a 125% credit.
SS and the ta have , so far , epitomised ethical business practices and I am going to roll the dice and see what happens.
It is quite possible that RCI and SS will go bust sometime… just hoping my issue is sorted before they do

 

[Pushka]

Had a long chat with our ta today.. they are in deep manure as all they do is cancellations.
Majority of cancellations result in a loss of the sale commission.
Our SS cruise has not been cancelled.. yet.
We still have the option to cancel with the loss of our airfare cancel penalty + the cruise penalty.. about 1500 aud
The cruise line will likely cancel in the next few weeks resulting in the ta keeping their commission and us receiving a full refund.. or a 125% credit.
SS and the ta have , so far , epitomised ethical business practices and I am going to roll the dice and see what happens.
It is quite possible that RCI and SS will go bust sometime… just hoping my issue is sorted before they do

A lot of loyal Celebrity folk are taking the voucher. We are on a Celebrity Cruise. The TA starts in less than a month and ends in Rome. You know what? Not a word from Celebrity about what may happen. They want everyone to take a voucher before they have to cancel.

 

[ksthommo]

RCI Cancellation Offer is now up to sail date of 3rd May, it's not advertised on their Impacted Itineraries page, that only goes up to 10 April. We are waiting on our sailing date of 11 may to cancel and nab the refund.

 

[Pushka]

RCI Cancellation Offer is now up to sail date of 3rd May, it's not advertised on their Impacted Itineraries page, that only goes up to 10 April. We are waiting on our sailing date of 11 may to cancel and nab the refund.

I'm hanging out for July cancellation. I don't think they will cancel just yet, even though Blind Freddy can see it, until after final payment date which is May 18th.

 

[RWMelb]

Just wondering how many other AFFer''s have been impacted by Ponant's sudden cancellation of all cruises worldwide from March 15 - after steadfastly insisting that all cruises would proceed as scheduled as late as the day before - also they offered no slack to customers wishing to cancel earlier (like other cruise lines).

Our cruise, scheduled for March 17 ex-Cape Town, was of course cancelled - we were already in Cape Town so immediately booked the next flight back to Sydney.

As you would also know - Ponant have only offered a credit valid for 18 months (from what date was not specified) + 20% discount on a future cruise.

I suspect many passengers would prefer a refund - we're undecided on this but would definitely like the option. There is a thread on CruiseCritic with only a a small number of different posters quite antsy about this - quoting from their contracts etc etc

I am seriously disappointed in Ponant's handling of this global crisis - while other cruise lines acted much earlier - Ponant "pretended" all was fine - we could have been on one of those severely impacted ships with nowhere to dock.

We're still recovering from jetlag having only gotten home at 11pm last night so have not contacted Ponant about this - we have many other issues related to this aborted trip to deal with (including self-isolation).

I'm interested in others view of this and what they are planning to do.

I had a very similar experience. Ponant was still telling me my cruise in the Seychelles was going ahead for a week after the Seychelles Government had cancelled all cruise activity in it waters.

Once Ponant finally cancelled, I immediately requested a refund. This was refused and I was offered a Future Cruise Credit (FCC).

I am entitled to a refund under Clause 11.9 of the Terms & Conditions. Ponant claiimed their French Head Office had ruled that Clause 12.9 overrides this. They are wrong, Clause 12.9 in one that exempts claims against Ponant certain activities once you are on a cruise , e.g. an excursion not being available, not for the entire cruise being cancelled.

Subsequently Ponant agreed with me but, instead, now claim a legislated change to the French Tourism Code made on 20 March 2020 allows them to restrict compensation to a FCC. They also claim as a French company, they do not have to comply with Australian consumer protection legislation which mandates that a company cannot change T&C to refuse a refund.

Ponant claim that any challenge to their decision has to made through the French court system - really?. However I am certain they are wrong. Ponant operates in Australia as an Australian Registered Private Company with an ABN and an Australian Company Number. As such, they must be required to conform with Australian requirements to provide a refund.

When I pointed out that T&Cs can’t be changed to refuse a refund, Ponant claimed they haven’t been changed but, instead, say the refund to which I am entitled is refused because of a change to the French Tourism Code. Yes, there has been no change to the wording of the T&Cs but it is clearly a de facto change if it negates the relevant Clause 11.9.

I’m still in debate with Ponant, I won’t give up.

Interestingly, Ponant are now saying that they will provide a full refund in 18 months time if I can‘t find a cruise I want to go on. Of course, who knows which cruise companies will still be operating in 18 months time.

 

[luxury-lizard]

Many thanks for your update @RWMelb. I have read on CruiseCritic that some customers have been successful (in the US) doing a credit card chargeback. So far we're still in wait and see mode - would be willing to take another cruise if and when this is practical / safe etc etc. It does concern me that Ponant are still advertising Kimberly cruises from next month - like really ??? what planet are they on ??

As far as getting a full refund in 18 months time (if you can't find a cruise which suits you) - this sounds like a desperation move to stave off legal action/chargebacks. In the mean time they had our money for 3 years. I'm also aware that other cruise companies have also backed off refunds and are only offering FCCs so Ponant are not unique in this regard.

When all this comes to pass - customers will remember the companies which did the right thing - I have a few on my "to be avoided" based on feedback on this forum. Other hotels and airlines from whom I've had to seek refunds have been amazing.

 

[Anna]

I’m still in debate with Ponant, I won’t give up.

And as you seem to be in Vic, you may well be able to take Ponant to VCAT which would be much cheaper and easier than having to take them to court.

 

[Pushka]

this is great to hear. I'm going to be lodging a couple myself.
Re the Voucher. I repriced the cruise we are supposed to be on in July - exactly the same ship/itinerary/cabin/date and it is 58% higher! Yet people are taking the voucher option when the cruise is cancelled.

A lot of loyal Celebrity folk are taking the voucher. We are on a Celebrity Cruise. The TA starts in less than a month and ends in Rome. You know what? Not a word from Celebrity about what may happen. They want everyone to take a voucher before they have to cancel.

An update on Celebrity. Final payment for July cruise which hadn't been cancelled was May 18th. However the week before Celebrity offered a Free lift to 2021 but it had to be the same ship, pretty much the same itinerary and number of nights. For the original price. I was fortunate that this worked for me even though it's unlikely we will travel.

For those who didn't take this offer and paid up in full, two days after final payment date, Celebrity cancelled the cruise as of course, Blind Freddy would know was going to happen.

Their model - get people to pay in full then cancel so they have the cash to pay earlier refunds.

 

[travel_bug]

Subsequently Ponant agreed with me but, instead, now claim a legislated change to the French Tourism Code made on 20 March 2020 allows them to restrict compensation to a FCC. They also claim as a French company, they do not have to comply with Australian consumer protection legislation which mandates that a company cannot change T&C to refuse a refund.

Ponant claim that any challenge to their decision has to made through the French court system - really?. However I am certain they are wrong. Ponant operates in Australia as an Australian Registered Private Company with an ABN and an Australian Company Number. As such, they must be required to conform with Australian requirements to provide a refund.

I’m still in debate with Ponant, I won’t give up.

Just to assist with your argument against Ponant, I would be insisting upon your rights under the ACL as it does apply to overseas companies who reasonably advertise to Australian consumers. Here's a handy article on a 2016-18 case that you could reference in your argument with Ponant. Foreign businesses beware: the Australian Consumer Law goes global - HWL Ebsworth Lawyers

I would also complain to the ACCC, though they can't take the case and advocate on your behalf, they could bring forward their own case against Ponant if they believe the ACL has been breached through misleading contract terms.

 

[PatriciaP]

I am glad I found this link. On March 12, as the Federal Government said no to cruising, and the future was obvious, I cancelled a Ponant cruise for July 9. I would lose 10% and a refund would go into my bank account in 10 business days. Nothing. So a bit later I sent an email. A phone call from Ponant followed, asking if I wanted a voucher ( no), so the money owed would be paid by the end of May. Which is today. No joy. Suggestions welcome!!

 

[RWMelb]

Just to assist with your argument against Ponant, I would be insisting upon your rights under the ACL as it does apply to overseas companies who reasonably advertise to Australian consumers. Here's a handy article on a 2016-18 case that you could reference in your argument with Ponant. Foreign businesses beware: the Australian Consumer Law goes global - HWL Ebsworth Lawyers

I would also complain to the ACCC, though they can't take the case and advocate on your behalf, they could bring forward their own case against Ponant if they believe the ACL has been breached through misleading contract terms.

Thanks so much. That is very helpful. It gives a legal basis to my argument with Ponant.