A man whose cruise ship holiday was ruined by snoring neighbours has had his appeal to claim more than $3000 from the cruise ship company dismissed by a Brisbane court.
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Brendan Ritson and his partner took an 11-night cruise holiday from December 11, 2016, but, according to a tribunal decision handed down by QCAT adjudicator Michael Howe last week, “did not enjoy themselves”.
Mr Ritson wanted RCL Cruises LTD, trading as Royal Caribbean Cruises, to repay him $3270 for both himself and his partner, covering all his expenses, an amount that was reduced at the initial hearing to $2436 for the price of accommodation.
On the first night of the cruise, a water leak was found in the ceiling of Mr Ritson’s cabin, so he and his partner were upgraded to a double cabin with a window.
Three nights later, the tribunal heard, a mother and daughter moved into the second cabin, which was separated from Mr Ritson’s cabin by a locked double door.
Mr Ritson complained that the double cabin, designed for a family rather than two separate rooms of strangers, was “not fit for purpose” and the noise from the neighbours was offensive and intrusive.
The tribunal heard he complained to the cruise ship management eight days into the cruise about the noise.
“Mr Ritson says the new occupants were very loud and made occupation of the adjacent next door cabin difficult. The new neighbours snored, spoke loudly, argued and used offensive language,” the tribunal found.
Cruise ship management offered to move Mr Ritson to another cabin, an interior cabin of the same grade as his original booking, but Mr Ritson refused.
Due to it being Christmas time, there were no other cabins available.
The same night, Mr Ritson complained a second time and was offered the replacement cabin again, but “did not want to be downgraded” and so refused, according to the ship’s log.
The next day another cabin was made available and offered to Mr Ritson, who told management he would let them know if he wanted to be moved.
He called management again at 10.25pm that night to complain about his neighbours snoring, saying he and his partner were being kept awake and wanted the noise to be stopped.
The final offer of a new cabin was made on the last day of the cruise, by which time Mr Ritson said the holiday was “ruined”.
Mr Ritson sought leave to appeal the tribunal’s first dismissal of his case, made in April, on grounds including that the tribunal had erred in refusing to accept electronic evidence including audio and video, and that the cruise ship company had failed to meet guarantees under consumer law.
Leave to appeal was granted by Adjudicator Howe, as he acknowledged the tribunal had “conflated entirely distinct issues, that is, the breach of guarantee and remedial steps taken to remedy a breach of guarantee”.
Adjudicator Howe found the noise from Mr Ritson’s neighbours had very likely interrupted his holiday and ruined his sleep but with the Christmas season there was no alternative for the cruise management and they had not failed to provide quality service.
“I accept the noisy neighbours’ snoring caused Mr Ritson and his partner annoyance, even great annoyance, and disturbed their sleep and enjoyment of the cruise,” Adjudicator Howe found.
“The complaint was made on 18 December 2016 at 11pm however, five days after the neighbours moved into the adjacent room of the double cabin.
“The respondent offered to move the respondent to another cabin that same evening, which I conclude would have fixed all the problems.”
Finding Mr Ritson’s refusal to change cabins “unreasonable”, Adjudicator Howe dismissed the appeal.
Mr Ritson told the Brisbane Times he intends to appeal.
