When Paul and Mary McGuirk booked the six-night cruise from Sydney to Tasmania, they expected to spend more than a day in the island state.
But two months after making their booking the couple were told they would only spend 26 hours in Hobart in March due to a “port dispute”.
The McGuirks, who are based in Port Macquarie, have booked the cruise in November and will be joined by relatives from England. “We intended to show them a bit of Hobart,” Paul said.
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“Some people like being on the ship, but for those who want to spend some time in Hobart, this is [the itinerary change] “It was a crushing blow.”
It was first announced that Celebrity Edge would sail to Hobart and Port Arthur on March 7 before returning to Sydney. An itinerary change in 2022 removed Port Arthur from the route and added Eden in New South Wales before two full days and one night in Hobart.
But the 2,900-passenger ship will now leave NSW and spend just one night and day in Tasmania before returning to Sydney, due to changes Royal Caribbean Group-owned Celebrity Cruises says are beyond its control.
Passengers received an email in early January informing them that the schedule had changed due to a port dispute in Hobart. The length of stay was reduced to just 26 hours; However, after Guardian Australia contacted Celebrity Cruises, the deadline was extended to 32 hours.
The McGuirks paid a $400 booking fee in November and paid the remaining balance of $2,580 in late December.
“Wish I had booked while there was Port Arthur [still] “I would be even angrier on the schedule,” Paul McGuirk said, adding that he would give a refund “immediately” if offered.
Deviations “in any way” from the advertised itinerary are covered by Celebrity Cruises’ booking terms and conditions. The McGuirks say they have “no expectation of any compensation.”
“You can sign up for a cruise to Tasmania and arrive in Queensland – you have no power,” Paul McGuirk said. “One time [the operator has] You got your money, you should let it go.”
Changes to cruise itineraries are not uncommon. A Facebook user living in a coal mining town in Australia took a cruise “to the tropics” to “wake up in the morning, open the cabin curtains and look at two huge piles of coal and a loading terminal.”
In November, a P&O Pacific Adventure ship sailed from Sydney for New Zealand but was turned away because it did not meet the country’s strict biohazard entry requirements. The passengers described it as a “journey to nowhere” and received compensation.
TasPorts CEO Anthony Donald said the McGuirks vessel was affected by a change to “mooring parameters” at Hobart Port, which resulted in an overbooking. TasPorts’ shipping schedule now shows the Crown Princess to arrive seven hours after Celebrity Edge departs.
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The port change was made in September, more than three months before the cruise operator alerted customers to the latest itinerary change.
A spokesperson for Celebrity Cruises told the Guardian that the change was out of its control and was due to “extenuating circumstances”.
“Celebrity Cruises and TasPorts work closely together. “After TasPorts was warned about the congestion at the ports, we changed our arrival plans and shared this update with our guests who had reservations,” he said.
Associate research fellow in tourism at the University of Technology Sydney. David Beirman said overbookings at ports were rare, but when they did occur, large companies tended to oust smaller operators.
Australian Consumers Federation president Gerard Brody said cruise passengers’ rights were linked to the terms and conditions of their tickets.
“Often, the terms and conditions written by the cruise provider will not provide great consumer rights. [and] “This will be in their interest,” he said.
But passengers are also covered by Australian consumer law, and if an itinerary change is “one-sided and not reasonably necessary to protect the cruise line’s legitimate interests, then it may be unfair”.
NSW Fair Trading said consumer guarantee provisions were unlikely to apply to cancellations or travel plan changes that were a direct result of government restrictions “which may impact the solutions available to consumers”.
Travel attorney Anthony Cordato said the McGuirks’ and other passengers’ attempts to get compensation “won’t be easy.”
Cordato said case law suggests that cruise operators’ obligation is to provide “a safe, relaxing and enjoyable cruise holiday substantially in accordance with the advertised and booked itinerary.”
In a lawsuit filed against Scenic Tours in 2020, traveler David Moore claimed he was owed a refund and compensation after his luxury European river cruise turned into a partial bus tour due to heavy flooding. Moore argued that Scenic had failed to comply with consumer guarantees under Australian consumer law and sought damages for the frustration and distress caused by this failure.
The legal battle went all the way to the high court, which ruled in Moore’s favor, finding that he was entitled to compensation because the cruise experience did not match the service originally advertised.
But Dr. from the University of South Australia business unit. Freya Higgins-Desbiolles said not all passengers minded the extra days at sea.
“For many travelers, travel is an experience and shore visits are just an added bonus,” he said.
Higgins-Desbiolles said itineraries may change due to bad weather or industrial activity in a port. Climate change may make cruising less predictable, as can increasing public opposition in some countries.
Higgins-Desbiolles recommended that customers always purchase travel insurance with health insurance.
Some travel insurance plans cover missed ports, according to consumer group Choice. The group warns that some cruise operators may not allow customers to board without travel insurance, and even if the ship will not leave Australian waters, passengers may still need travel insurance as onboard medical costs are not always covered by Medicare.