Complaint Review: Holland America

I have purchased a cruise trip to Alaska last year and now I find myself in need of help regarding that purchase. Before writing this message, I have already try a negotiation making contact to yourl call center department yesterday. However, during the conversation, the attendant was reluctant to help and bounded to an unjust 50% refund only. This action shows my good will to resolve the situation before having to appeal to any complaints or even legal processes. There are lots of points that make my case unique and not restricted by this 50% refound policy. They are: a change in itinerary by HAL, lack of information about Canada having different visas (but just one that can be applied to a cruise ship) and the uncontrollable nature of a visa process. Before proceeding I must say that I just want to solve this situation without having to abdicate my dream trip. I urge that HAL keeps a good relationship with its customers, in the same matter that all companies that have its business related to tourism work, trying to have empathy and trying to understand its customers' needs, dreams and wishes. This is supposed to be the main rule for your king of business. As a customer, I am writing to express my concern and formally request that Holland America reconsider its current position regarding my cruise booking, with reference number 2NWJ8T. I request that Holland America apply 100% of my full payment as a credit towards a future cruise, rather than adhering to the 50% refund policy stated in the website. This request is made in light of a series of facts and legal principles that support my situation. First, I must highlight the unilateral alteration of the cruise itinerary post-purchase (that happened sometime after my full payment) which was done without my consent. This action can be perceived as a breach of original contract. It's a well-established principle in contract law that any material modification of contractual terms requires the agreement of both parties;m. The change in itinerary significantly alters the trip experience and the the foundation of our agreement and, as such, compromises the contract's validity. Furthermore, the clause allowing only a 50% refund in the event of cancellation appears unconscionably restrictive, especially given the unprecedented and uncontrollable circumstances that have led to my request. The doctrine of unconscionability aims to prevent the enforcement of unjust terms that are overwhelmingly one-sided. Given the exceptional nature of the current situation, this clause seems particularly inequitable and potentially unenforceable. The principle of frustration of purpose is also relevant here. My inability to secure a Canadian visa in time—due to delays beyond my control and unforeseeable at the contract's inception—effectively nullifies the purpose of the contract. This legal doctrine acknowledges that contracts may be set aside when unforeseen events fundamentally alter the contract's nature, making its execution impracticable or meaningless. Lastly, the implied covenant of good faith and fair dealing, inherent in all contractual agreements, obligates parties to act fairly and reasonably, ensuring neither party is denied the benefits of the contract. The strict enforcement of the 50% refund policy, under these extraordinary circumstances, seems to disregard this covenant. Providing a full credit for the amount paid towards a future cruise aligns with the spirit of fairness and preserves the contractual balance.Given these considerations, I demand that Holland America issue a full credit of my original payment for use on a future cruise. This approach not only aligns with legal fairness and equity but also maintains the goodwill and trust between Holland America and its customers. I urge Holland America to act in accordance with these legal principles and in the interest of maintaining a positive relationship with its clientele. I am searching other cruise trips offered by HAL they still have availability, to use my credit in this case. Without having to change my travel, my plans and my dream. I have faith that this request will be taken into consideration and HAL will find a solution for me. I expect a prompt and affirmative response to my request, but if I couldn't find empathy to my situation, I must say that I am prepared to pursue further legal action, with no satisfaction and full of disappointment, if necessary. Sincerely, Humberto Vinhais