We all hear about "Holidays from Hell" and the media's exposure to such holidays unfortunately instils tremendous apprehension in some client's when booking their holiday. So what would happen if your dream holiday transpired into a nightmare?
Well this is exactly what happened to the Milner family when they booked a 106 day cruise on the maiden voyage of the Queen Victoria. In a recently reported case in the Court of Appeal (Milner v Carnival plc (t/a Cunard) [2010] EWCA Civ 389, the Court of Appeal set out comprehensive guidelines on the assessment of damages in holiday cases.
When Mr &Mrs Milner booked the cruise the brochure promised the experience of a lifetime. Unfortunately rough weather had caused the cabin to resound unusual noises making it impossible for the Milner family to sleep. They were unable to agree an alternative cabin with the cruise line and disembarked the ship at Hawaii after 28 days. Carnival plc refunded the couple £48,270.00 for their troubles; however the Milner family claimed damages for physical loss and mental distress. The Milner family were initially awarded excessive damages to the tune of £15,000.00. Carnival plc appealed in the Court of Appeal and the damages were significantly reduced. The Judge stated that each case would fall on its own merits and in the Milner's case he accepted that this was an exceptional case. He went on to lay down that it was natural for greater damages to be awarded for more extravagant holidays.
So where do you stand?? Should you complain?
Well the "success" of the Milner case now affords greater protection for client's and whilst every client will not have the luxury of pursuing legal action, the outcome of this case, may, to some extent, force the hand of the cruise liners to deal with on board complaints in a manner which will satisfy the client...or else they could face serious consequences!! Often Cruise lines will give you some kind of compensation in the form of a future cruise credit or Onboard credit if you report to them a bad experience, after all they don’t want to lose your custom do they so it is in their best interest to look after you.
As Lord Denning said in 1975:
"People look forward to a holiday. They expect the promises to be fulfilled. When it fails, they are genuinely disappointed and upset. It is difficult to assess in terms of money, but it is the task of the judges to do the best they can"
Here at cruise.co.uk we are always interested to hear about our clients experiences which is why we have the number one website to include sections on cruise reviews, photo's and even questions and answers! In our cruise reviews section we actually reward you for posting a review, be it a good or bad one, by sending you a free Berlitz Guide of cruising worth £16.99! Now what other company can say they do that?
Please feel free to send me any of your personal views and experiences that you may have had so we can advise future passengers.
