One of Royal Caribbean’s ships the Symphony of the Seas
One of Royal Caribbean’s ships the Symphony of the Seas

Passenger’s refund demand knocked back

A MAN who was refused a refund over a ruined cruise, after he and his partner complained about a water leak and noisy neighbours snoring, has lost an appeal.

Brendan Ritson and his partner were on the first night of an 11-day Royal Caribbean South Pacific and Fiji cruise in December 2016, when there was a water leak in their interior cabin.

The couple was moved to a more expensive exterior double cabin with a porthole window, but later complained about noise from an adjoining connected cabin.

Mr Ritson told a tribunal the neighbours, a mother and daughter, kept them awake because they snored, spoke loudly, argued and used offensive language.

Mr Ritson's application in Queensland Civil and Administrative Tribunal for a refund of $2436 paid for their cruise accommodation was refused and he appealed.

The appeal tribunal heard Mr Ritson did not complain about the noise from the adjoining cabin until day eight of the cruise - five days after the noisy neighbours moved in.

Twice that night the cruise company offered to move the couple to another cabin, an interior one of the type they originally booked, but Mr Ritson and his partner refused the offers.

The next day the couple was offered another external cabin on a different deck, but Mr Ritson said he would let them know, before again complaining of neighbours snoring late that night.

Mr Ritson, who by that stage had asked for a full refund of everything paid for the booking and all their on-board expenses, claimed the offer was too late and their cruise was ruined.

Mr Ritson partly appealed on the basis that the cabin they were moved to was not fit for purpose as it did not provide relaxation and enjoyment, because it lacked soundproofing.

The appeal tribunal member allowed the appeal, finding the cruise company breached a guarantee it offered in it's terms and conditions, but it was only a minor failure.

The services offered were an excellent cruise holiday, with two people sharing a cabin of the stated grade, with all meals, entertainment and other holiday-type activities.

The member found the double cabin was not fit for that purpose, because the neighbours' snoring caused the couple great annoyance and disturbed their sleep and enjoyment of the cruise.

However, Mr Ritson's refusal to be moved to another cabin of the same grade booked, which would have allowed the couple to sleep undisturbed, was unreasonable, the member said.

The claim for recovery of money was therefore refused on May 28.