We booked the Owners Suite a year ago on the Azzurra for 2 back-to-back cruises Athens to Venice for about $43,000, fully paid to Emerald. A week before the cruise I suffered a heart attack, and we could not travel. Because it was Labor Day weekend it was impossible to reach anyone at Scenic immediately, but we notified them we had to cancel as soon as we could. I asked that they consider a full or partial refund or at least a full or partial credit on future cruises. I also asked if I could let some friends take over our booking.
They refused to communicate with me directly (only through travel agent) and kept all the money which allowed them to resell the Owner Suite or sell an upgrade to an existing booking – essentially double-dipping. The do better financially if you book and then cancel. “120 days and greater Loss of Tour Deposit119-91 days 25% of Tour Price90-61 days 50% of Tour Price60 days or less 100% of Tour Price, because they believe they can keep your money and resell your cabin.
The Terms Conditions allow Emerald to substitute buses for vessels. Emerald can cancel “for any reason”. If the cruise is delayed for up to 7 days, the TC seems to allow Emerald to keep your money. Delays more than 7 days allow Emerald to either refund your money or just give you a credit for a future trip, which means they will not likely refund your money (and why would not take the refund instead of a credit?). “Regardless of the situation or circumstances giving rise to a claim, you are hereby waiving rights and remedies that you may otherwise have under applicable law. . .” The TC requires you to accept jurisdiction in Nevada and binding arbitration.
This year Emerald lost a major class action. “The class action against Scenic involves approximately 1,200 claimants and the Court’s judgment may see Scenic facing a damages bill of up to $28 million including interest. Somerville Legal, alongside litigation funder Omni Bridgeway, is currently investigating the commencement of a further class action against Scenic as a result of similarly disrupted cruises that took place in 2018.”
This is not the only time Scenic has been sued.
Negotiate a reasonble settlement that is fair to both parties.