Delta Delay Cost Them Their Alaska Cruise — And A 19th-Century US Law Made It Impossible To Catch Up To The Ship

A family’s Alaska cruise was effectively over before it began after a delayed Delta flight out of Detroit caused them to miss the only Minneapolis–Vancouver connection that could reach the ship on time.

Delta rebooked them to try to save the trip, but the replacement flight didn’t pan out, and once the cruise sailed there was no “meet it at the next stop” option, because a 19th-century U.S. maritime law prevents cruise ships from carrying passengers between U.S. ports.

What followed was a scramble to chase eight checked bags in Vancouver, a drive to Seattle, out-of-pocket flights to Alaska, and a months-long fight over what (if anything) Delta will reimburse.

  • A passenger bought an Alaska cruise and land tour as a big family trip, including for their elderly parents. They were flying Detroit – Minneapolis – Vancouver on Delta to get there.
  • That first flight out of Detroit was delayed, and they missed the only flight option to Vancouver that would have gotten them to the ship in time.
  • Delta rebooked them onto a WestJet flight to get them to Vancouver in time, but when they ran to the gate it was already closed. They report WestJet told them they didn’t have the rebooking in their system, and would have held the gate open if they’d known.

Many cruise passengers give them a lot of buffer traveling to meet their ship, but Delta has promoted itself as ‘the on-time machine’ so I can understand someone thinking they’d make it on the travel day they’d purchased.

The passengers were told their eight checked bags were already en route to Vancouver, so they felt forced to go to Vancouver to chase bags and salvage at least the land portion of the trip.

They wanted to catch up to the ship, Royal Caribbean told them they couldn’t board the cruise at a later U.S. port because of U.S. maritime cabotage rules

The Jones Act! (Or, more likely in this case, the related Passenger Vessel Services Act of 1886.)
Customs and Border Protection groups them together in public guidance, and cruise lines structure itineraries around PVSA constraints.

It’s generally illegal for a ship to transport passengers between two “U.S. points.” Cruise ships are foreign-flagged and they’d have to be U.S.-built, U.S.-owned, and U.S.-crewed. That’s nearly impossible with current U.S. infrastructure. So big cruise ships can’t take passengers from one U.S. city to another. They needed to start in Canada.

Delta would cover getting them to Vancouver (their ticketed destination) but not onward flights to Alaska, leaving them out-of-pocket with the cruise effectively blown.

The customers say Delta committed to reimburse their costs, but they got nothing. Delta’s Contract of Carriage is explicit that it disclaims responsibility for “making connections” and for schedule failures and re-routes. That said:

  • Since the itinerary includes an international segment to Canada, there’s a plausible Montreal Convention path for provable delay damages (incremental expenses you can document), subject to defenses and a liability cap. The passenger delay cap is 6,303 SDR (US$9,030.72).

  • Canada’s Air Passenger Protection Regulation “inconvenience” compensation could apply to the arrival delay into Vancouver if the disruption was within airline control and not “required for safety.” For a 9-hour delay that would be C$1,000.

Bottom line legally: Delta is very unlikely to be on the hook for missing a cruise, but there may be claims for documented delay expenses under the Montral Convention and cash compensation under Canadian law, depending on the cause of the delay.

We don’t know the reason for the delay of that first flight. And the claim is Delta rebooked the family but it didn’t make it into their partner WestJet’s systems. If that’s a Delta error, rather than just the passengers not making it to the WestJet gate in time, that’s a separate matter.

If they’ve exhausted their claims avenue with Delta, I’d go back to them with a Montreal Convention claim, and a claim for Canada APPR cash compensation (something often overlooked by Americans) if that initial delay was within Delta’s control. I’d also file a DOT complaint, which would just get them a real person’s attention in the response.

Trip delay or trip interruption coverage via a premium rewards card or standalone travel insurance is another path to recovering prepaid nonrefundable cruise and tour losses, provided the passengers have it and subject to policy triggers and exclusions. Finally, if nothing else works, a small claims filing could make sense.

But can I point out how terrible the Jones Act (and related Passenger Vessel Services Act) is?

The U.S. doesn’t even have the capacity to build the ships that compliance with these laws reqiures (which shows that the laws have failed even at their protectionist aims).

Cruise mega-ship construction needs enormous dry docks, a mature vendor pipeline, and a stable skilled workforce. For some ship types, the U.S. hasn’t built any in decades. And the Congressional Research Service estimates that on top of higher costs to build the ships (if you could even build them) there’s a $6 million per year per ship increase in operating costs to be U.S.-flagged. And once you create a small captive market with laws like this, you get high prices and low output, which prevents the scale needed to ever become globally competitive in the space.

The Jones Act is a tax on domestic trade dressed up as national security. It forces U.S.-to-U.S. waterborne shipping onto a tiny, high-cost fleet, raising transportation prices, and hasn’t even given us the fleet of U.S. ships. The high capital costs have given us tiny fleets, not a vibrant domestic industry. But a small number of players benefit and lobby hard for it.

Since there are literally no Jones-Act-compliant Liquefied Natural Gas tankers, New England can’t receive U.S.-produced liquefied natural gas by water, because a compliant fleet for that commodity doesn’t exist so it’s all imported there instead. It can even be cheaper to ship U.S. energy overseas than to U.S. consumers. And it pushes freight off ships and onto trucks and rail whiich mean greater emissions.

Disaster response gets harder because the compliant fleet is scarce. When Puerto Rico gets hit by a hurricane, the world’s shipping capacity can’t bring in the needde goods. Everything in Hawaii is more expensive, because a ship can’t travel from Asia to Hawaii and then onto the West Coast (so everyting goes to the West Coast and then gets shipped to Hawaii). There are similar problems for Alaska and Guam.

And the companion Passenger Vessel Services Act means travelers can’t catch up to their cruise ships when their flights misconnect, so everyone has to waste a day flying in earlier just in case.

About Gary Leff

Gary Leff is one of the foremost experts in the field of miles, points, and frequent business travel - a topic he has covered since 2002. Co-founder of frequent flyer community InsideFlyer.com, emcee of the Freddie Awards, and named one of the "World's Top Travel Experts" by Conde' Nast Traveler (2010-Present) Gary has been a guest on most major news media, profiled in several top print publications, and published broadly on the topic of consumer loyalty. More About Gary »

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Comments

  1. First rule of a cruise arrive the day before you depart

    Jones act needs to be repealed.

    Shipments to Puerto Rico have to come directly from the US state which is why everything cost so much more there

  2. Having made the Airlines my career, I told many a cruise ship passenger to never, not ever, travel to the Port city on the day the ship is to set sail. Cruises are not inexpensive, and when you put out money for a cruise, you want to be sure you are there and ready to board. Mother nature and mechanical issues have no regard for your timetable. Go the day before, enjoy a relaxing evening and board the ship ready to enjoy your cruise.

  3. As a veteran cruiser you never leave on the same day always the day before. To avoid situation like this

  4. Answer: Weddings and Cruises

    Question: For what two events do you ALWAYS build in a buffer when booking flights.

  5. If one has a hard time to meet like a cruise, wedding, funeral, business meeting, interview common sense would say fly out the day before because there is always possibility of weather or maintenance issues.

  6. RE: Jones Act – That’s because our “by the people, for the people” Government is no longer either. But if you give someone a 747 or a few million, you get your choice of a pardon for any crime or the enactment of any law that benefits you.

  7. I always fly in the day before, as should everyone, sorry but no sympathy for this situation

  8. I don’t think repealing the Jones Act is the right answer. It could be that we need to subsidize the establishment of new shipyards and maybe subsidize insurance to bring some of the costs down. Having US-crewed ships is a strategic advantage in a national emergency, so something should be done to make it less appealing for the liners to not pay US wages. Of course, there’s never going to be a perfect solution, but we can clearly do better.

  9. The Jones Act is a beast of its own and, again, is not necessarily the reason that Royal Caribbean could not board this family.

    I give them serious high fives for driving! wow. They really wanted that trip.

    every airline has limits on consequential damages as a result of delays and, as noted, cruises are just too expensive to not arrive at least the day before.

    let’s see how this weekend plays out but there will be lots of inconvenienced passengers because of the massive winter storm and some of them will certainly be cruise passengers.

  10. Truly a shame that these folks missed their cruise. However, NEVER..EVER book transportation that will “get you there in time”. Yeah, it might cost you a hotel room at the embarkation point the night before but arriving at the pier after the ship has sailed…

  11. To “Lucky Larry”…leave it to some jackass like you to throw politics into a conversation where politics has nothing to do with the problem.

  12. Always get there the day before. You have time to exhale and this is from a former airline person.

  13. I also agree with abolishing the Jones Act. Wish I could sign a petition.
    A frequent cruiser, I’ve never been as affected by it as this travel family was. But it has caused weird diversions of cruise itineraries all which were unnecessary.
    As a final note, there is no full-fledged American ship-building industry that these rules are meant to prop up for national security purposes.

  14. Oh please. While I feel badly for the family, it’s only common sense that you book flights to arrive at least a day before a cruise departure, because stuff happens. Delta is only responsible for getting the family to their destination, which they did (albeit late.). It’s their own fault that they scheduled things so that they’d only work if things went perfectly.

    Expensive lesson presumably learned.

  15. I have been on MANY cruises – and when the cruises are not leaving near where I live – such as Alaska, Iceland, Asia – ALWAYS fly in the day before – NEVER the same day! That is the Golden Rule for cruising or anything that is important or where you have spent a lot of money on. The option is to also make sure you have TRAVEL Insurance that you can get your money back – but that is MUCH more expensive that getting a hotel room for an extra night before a cruise

  16. Ugh! Definitely feel for them and admire their efforts to ultimately try and catch the cruise. Maybe they were in a situation where they couldn’t fly out earlier, but in general I agree with others that if it’s something major, giving yourself buffer time (in this case, days) is very worth it.

  17. Gary correct me if I am wrong but the problem is that the cruise originated in vancouver
    Cruises to alaska from seattle do exactly that, carry passengers between 2 us ports (forced to stop for 6 hours in victoria canada)
    Thoughts?

  18. As a former employee of both the cruise industry and the airline industry, I would reiterate prior suggestions, notably…1) Arrive a day prior to the start of the cruise, and 2) Purchase travel insurance. I would NOT count on the repeal of either the Jones Act or the Passenger Vessel Services Act (PVSA). Exceptions are sometimes granted in rare cases, but I wouldn’t count on it!

  19. Face it, the Jones Act is not going to change and if it does, it will be a long time down the road. Therefore spending anytime talking about it is wasted time. The real key to trips like this is to travel earlier to minimize the chance of misconnections. If not traveling earlier, at least have paid for plan B flights that will get you to the right destination to leave on the cruise. I would have looked into flying from DTW to SEA nonstop as part of getting to the cruise. Nonstop flights take one connecting airport out of the equation and taking MSP out of the equation in the winter is worth it because I have had to stay overnight there before when the crew for my connecting flight couldn’t get there in time for the flight. At SEA, driving to YVR is always an option and may be quicker than flying. SEA does have weather delays so maybe another option would be to fly from Detroit to Toronto first and then to Vancouver. All in all, spending money on hotel rooms because of going one day earlier may be a better bet.

  20. Actually it’s The Passenger Vessel Services Act of 1886 that is behind all this. Like many other bills enacted, this one was designed to enrich the pockets of a few select businessmen of the era.

    However, the PVSA does exactly what it was written to not do: instead of enriching US businesses by keeping money within the US, the PVSA’s stipulation that a US shipust stop at a foreign port before reentering US territory brings money to the foreign port.

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