Jump to content
Sign in to follow this  
Michelle

Compensation payment for Fire on board boat

Recommended Posts

1 hour ago, jonno said:

Couldn't BF fit you on to either the CF sailing on the Friday or the BDS sailing on the Saturday morning from Portsmouth, afterall they've been crying about how much their business has been depressed by the political uncertainty?

The Spanish routes still remain popular and near capacity most of the year I believe.

Share this post


Link to post
Share on other sites

Want worthy of a thread in my opinion but club voyage members are now getting 40 % off sailings for a limited time as compensation for the disruption this and the other “technical issues” that caused delays .

Share this post


Link to post
Share on other sites
1 hour ago, neilcvx said:

Want worthy of a thread in my opinion but club voyage members are now getting 40 % off sailings for a limited time as compensation for the disruption this and the other “technical issues” that caused delays .

We are CV members and booked Portsmouth - Santander with 6 nights in Spanish paradors just received final notice of changes. No hint of compensation or 40% refund for sailing element!

Share this post


Link to post
Share on other sites

That's all well and good but as the new timetables aren't out yet you can't really use it except for travel up to the end of October. Ed

Share this post


Link to post
Share on other sites
11 minutes ago, Cabin-boy said:

That's all well and good but as the new timetables aren't out yet you can't really use it except for travel up to the end of October. Ed

Every little helps. If it encourages some extra bookings it's a winner for BF.

  • Like 1

Share this post


Link to post
Share on other sites
13 minutes ago, Cabin-boy said:

That's all well and good but as the new timetables aren't out yet you can't really use it except for travel up to the end of October. Ed

New timetables out 12 of July no doubt.

Share this post


Link to post
Share on other sites

I suppose the simple solution is to make a booking for late October and then amend it after the new timetables are released and then do so again in October if the real booking needs to be for next summer. There are ways around the problem as usual. Ed. 

Share this post


Link to post
Share on other sites
3 hours ago, Cabin-boy said:

I suppose the simple solution is to make a booking for late October and then amend it after the new timetables are released and then do so again in October if the real booking needs to be for next summer. There are ways around the problem as usual. Ed. 

I did think of doing just that but I don't think the saving will carry through because when making an amendment, if next year's price has changed you'd have to pay the difference anyway.  I wouldn't mind being wrong on this so if anyone knows better I'd be glad to hear it.

  • Like 1

Share this post


Link to post
Share on other sites
On 03/07/2019 at 12:08, jonno said:

Consider yourself lucky.

No ferry company has to pay anyone a penny if the delay or cancellation is due to "extraordinary and unavoidable circumstances that hinder the sailing". Engine, steering, navigation plus bow and stern door failure proven to have been caused by anything other than poor maintenance falls into this category. The onus is well and truly on the travel insurance company you use to compensate you. 

 Since 2016 Trains, boats and planes have their own specific consumer rights. 

Keep a eye on the new weather amendments too, if you're sailing to Spain you have to be delayed twice as long at Portsmouth (6 hrs) than you do at Plymouth before you're entitled to 25% of your ticket price back from the carrier, this does not include your cabin either.

 

This is almost completely incorrect information.  That's not what the EU Passenger Rights legislation says which is the appropriate reference for this discussion, technical problems are not generally regarded as extraordinary circumstances - you are rarely entitled to anything for weather delays (except complimentary refreshments).  BF have already been forced to pay up on at least one occasion when they didn't compensate for technical disruption.

 

In this case  BF would be liable for fuel costs, an overnight stay if necessary (at up to a value of 80 Euro per passenger) and potentially a refund of 50% of the one-way fare.

Some links to back up my comments

https://europa.eu/youreurope/citizens/travel/passenger-rights/ship/index_en.htm

https://actu.fr/normandie/cherbourg-en-cotentin_50129/la-brittany-ferries-va-rembourser-famille-pieusaise_253809.html?fbclid=IwAR1PLtimTucxMsy1c-zzIewVTGYsIx4Ns0yffsL8fHgwqQlfr6V5X8pE-PI

  • Like 1
  • Thanks 1

Share this post


Link to post
Share on other sites
1 hour ago, RickOShea said:

This is almost completely incorrect information.  That's not what the EU Passenger Rights legislation says which is the appropriate reference for this discussion, technical problems are not generally regarded as extraordinary circumstances - you are rarely entitled to anything for weather delays (except complimentary refreshments).  BF have already been forced to pay up on at least one occasion when they didn't compensate for technical disruption.

 

In this case  BF would be liable for fuel costs, an overnight stay if necessary (at up to a value of 80 Euro per passenger) and potentially a refund of 50% of the one-way fare.

Some links to back up my comments

https://europa.eu/youreurope/citizens/travel/passenger-rights/ship/index_en.htm

https://actu.fr/normandie/cherbourg-en-cotentin_50129/la-brittany-ferries-va-rembourser-famille-pieusaise_253809.html?fbclid=IwAR1PLtimTucxMsy1c-zzIewVTGYsIx4Ns0yffsL8fHgwqQlfr6V5X8pE-PI

Whatever you say Rick I've read all of that too and every other EU piece of legalese but it's why BF use the term "technical problem" even when a delay is caused by ship searches due to alleged immigrant stowaways and all manner of other problems.

The EU states that the rules may apply, there is no definitive.

The 2016 travel amendment to the UK Consumer Rights Act states : Fire, mechanical or electrical failure, defect (except when caused by the company). It is unlikely that you will be able to make a successful claim if the issue which caused your delay was not a failure on the companies part to provide the service with reasonable care and skill. 

If the ship's crew training, surveys and inspections are up to date and valid then they are deemed to be providing the service with reasonable care and skill.

This also relates to rail travel.

What's more interesting is that if you approach the carrier for compensation and they say no or you feel the offer is not commensurate and you lose any appeal you can no longer approach your alternatives such as your travel insurance provider or claim from credit card protection under section 75 as only one claim, successful or otherwise can be made.

The 2nd link you posted is pre the 2016 amendment.

 

Share this post


Link to post
Share on other sites

BF uses “weather” as its reason if it is at all plausible to do so.  For obvious reasons, given what Rick has said.

That said, BF rarely confines its compensation to purely what the regulations require.  Customer relations are important to BF, and BF will show a lot of goodwill to customers that do not treat them unreasonably.

Share this post


Link to post
Share on other sites
19 hours ago, jonno said:

Whatever you say Rick I've read all of that too and every other EU piece of legalese but it's why BF use the term "technical problem" even when a delay is caused by ship searches due to alleged immigrant stowaways and all manner of other problems.

The EU states that the rules may apply, there is no definitive.

The 2016 travel amendment to the UK Consumer Rights Act states : Fire, mechanical or electrical failure, defect (except when caused by the company). It is unlikely that you will be able to make a successful claim if the issue which caused your delay was not a failure on the companies part to provide the service with reasonable care and skill. 

If the ship's crew training, surveys and inspections are up to date and valid then they are deemed to be providing the service with reasonable care and skill.

This also relates to rail travel.

What's more interesting is that if you approach the carrier for compensation and they say no or you feel the offer is not commensurate and you lose any appeal you can no longer approach your alternatives such as your travel insurance provider or claim from credit card protection under section 75 as only one claim, successful or otherwise can be made.

The 2nd link you posted is pre the 2016 amendment.

 

For a start the UK’s consumer rights act of 2016 does NOT supersede EU legislation, which in this case is EU passenger rights legislation (Articles 16- 21 of regulation 1177/2010 for those who care).  It has already been proven in court that this applies to technical difficulties and Brittany ferries themselves have paid out before due to technical difficulties.  In order to avoid paying out an operator has to show an external factor prevented them performing the service so a strike by port workers or technical failure of a ramp isn’t their problem usually but a failure of their ship or a strike by their staff is.

The original poster might be interested in this guide I compiled to claiming (and escalating)

https://www.niferry.co.uk/ferry-delay-cancellation-compensation/

 

  • Thanks 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

×
×
  • Create New...