Dear All,
Apologies for the lack of postings recently. I wanted to completely resolve the legal action with the DE before saying anymore. I assumed that the DE monitor the site, and this has been confirmed in conversations I have had with the DE Legal Department.
I applied for 4 cruises back in 2004, and had 3 Med and 1 Caribbean cruise confirmed. I like most others wrote and rang the various organisations involved. I also contacted the Advertising Standards Authority, (who made several rulings against DE), BBC Watchdog, and also the proprietor of the DE. I still got no where, hence taking DE through the small claims court.
I had a court date of June 10th, which was then brought forward by the court to May 16th. It was shortly after this that the DE Legal Department contacted me to resolve the matter. I was told that all 4 cruises would be honoured, though the Caribbean cruise was proving difficult to source. I challenged this as there are 1000's of Caribbean cruises immediately available through the web. To compromise on this it was agreed that I could take all 4 cruises at the same time, thus taking my partner and her children.
I was offered a cruise, I forget which now, but it didn't appeal so I declined. The DE Legal Department were very amenable and as I had particularly wanted to go to Egypt, sourced a Red Sea Magic cruise in Feb on the Thomson Celebration. I also managed to negotiate a few other items, such as upgrades etc, though I wouldn't bank on these being automatically offered.
I was then asked to sign a confidentiality clause, which I declined. (I wonder if this is what has happened to others who have stopped posting on the site??) I made it clear that I was also interested in assisting all the others that were still waiting for their cruise, and presented this as an opportunity to the DE to do the right thing and contact all those still waiting. This didn't go down well and the individual in the DE Legal Department refused to discuss it.
It was getting very close to the court date and so there was a fair amount of urgency to get the matter resolved. I still refused to sign the confidentiality clause, but did want the matter ratified by the court. I was in London the day before the court date, and so popped into the DE offices on Lower Thames St in London. The meeting was civil enough, though it became frosty when I asked if the DE would discuss dealing with the others still waiting. I again brought up the matter of this website, and the meeting concluded that I would take whatever course I chose, but the DE would not discuss it. They were even concerned that I was recording the conversation, which is a sad indictment of how cynical the whole thing has become.
I am delighted to have resolved this fiasco so successfully, and am so looking forward to the cruise next Feb, esepecially with the various additions I negotiated. This has now been confirmed in writing by the cruise store, ratified by the court, and I have received a cheque for my costs.
I learnt as others have that the Cruise Store get a lits of 100-150 every 6 weeks or so, and are working through the list. I do actually belive that most will eventually get their cruise, though wonder how long that will take. I did say to the DE that I wold be advising individuals watching this forum to take legal action, as in my experience this was the only way I got a response. Going through the small claims court was very simple (took half an hour on line), and all of my costs were paid by the DE. Sad that this was the only option I felt was left to me, but ultimately very fruitful.
One thing that made a big difference to me was that I enjoyed the challenge of taking on the DE giant, so it was easy to channel the energy into confronting the injustice. Best of luck to those still waiting, and let me know if you have any questions.
All the best
Marcus