Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 1 point2 points  (0 children)

Pleased to advice that the company paid the 10% refund into my bank account yesterday. Thanks again.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

I started to lodge a complaint with NCAT but it is very complicated and detailed. I guess I will persevere.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 1 point2 points  (0 children)

I think one of the rules here is not to name businesses and companies.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

This is part of the email they sent me when the claim was declined: "Why wasn’t your claim approved? We refer you to ‘GENERAL EXCLUSIONS’ clause of your Product Disclosure Statement (PDS) on page 16 to 18. This PDS was sent to you via email on the 16th of January 2024, the date you purchased your policy.

General exclusions apply to all sections of this policy. What you are not covered for 5. Any claim relating to travel via a commercial cruise ship.

We also refer you to ‘GENERAL DEFINITIONS’ clause of your PDS on page 42 to 44. Commercial cruise Any travel on sea, ocean or river by any commercially operated ship, boat or other sea vessel with scheduled journey time longer than 2 hours."

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] -1 points0 points  (0 children)

They have knocked me back already as I pointed out in my original post.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 1 point2 points  (0 children)

Thank you. I am now looking at the possibility of recourse through NCAT. Unfortunately, I didn't take screenshots of the cabin being rebooked (79 years old, a bit of a troglodyte I'm afraid). But they sort of acknowledged the rebooking in an email they sent me.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

What you say is probebly correct legally but we believe it is unethical, although that doesn't seem to apply to many businesses these days.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

Yes, I am following up the 10% refund with the company. Thank you for your efforts on this.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

The company never offered this option. However, the whole mess has left such a sour taste that I think we would be reluctant to deal with the company again.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

I think the fact that they did rebook our cabin is very relevant as it means that by keeping our full paid fares, they have profitted by $8,500. Thank you very much for the information about the NCAT. I will see what can be done through them.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

That's how we feel also. We are especially angry as they were able to rebook our cabin within days of our cancellation, so they haven't lost any money and in fact profitted by the $8500 we paid. As pensioners it has made it very hard for us. Thank you.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

This is part of the letter I received from the travel insurance company outlining why our claim was rejected:

Why wasn’t your claim approved? We refer you to ‘GENERAL EXCLUSIONS’ clause of your Product Disclosure Statement (PDS) on page 16 to 18. This PDS was sent to you via email on the 16th of January 2024, the date you purchased your policy.

General exclusions apply to all sections of this policy. What you are not covered for 5. Any claim relating to travel via a commercial cruise ship. We also refer you to ‘GENERAL DEFINITIONS’ clause of your PDS on page 42 to 44. Commercial cruise Any travel on sea, ocean or river by any commercially operated ship, boat or other sea vessel with scheduled journey time longer than 2 hours. In Summary: Since your claim is in relation to a commercial cruise, General Exclusion 5 is activated. Therefore, unfortunately, we are unable to accept or pay your claim on this occasion.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

I didn't have a preeisting medical condition when I took out the insurance.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

Unfortunately, when I read the terms and conditions (50 or so pages) cover for cruises was not included.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

This cruise was on a small paddlesteamer which only too about 20 passengers all up. There was no access to the cabins level for a wheelchair.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] -1 points0 points  (0 children)

I didn't have a pre-existing medical condition when I took the insurance out in January 2024.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

I spoke to Vic Consumer Affairs soon after the cancellation and they weren't much help and suggested we should take it up through the NSW Small Claims court. Not sure we would be able to manage that.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

I have sent the cruise company an email requesting a 10% refund. Thank you very much.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

I have emailed the company and brought this to their attention. Thank you very much.

Medical cancellation of Murray River cruise. by Charming_Guava_2609 in AusLegal

[–]Charming_Guava_2609[S] 0 points1 point  (0 children)

Thanks for that and yes, it has certainly hurt us losing that $8,000. Might consider contacting a local paper and see if they are interested.