Ferry cancellations and delays: your rights

Reasons within the operator’s control

If your sailing is cancelled because of reasons within the operator’s control, including mechanical or staff issues, you might be offered:

• a refund; or
• an alternative ferry sailing. Unless the operator can prove the failure was entirely beyond human control – which we think is unlikely – you’re entitled to a refund as well as compensation. Under the CGA, you’re within your rights to claim a refund and compensation for foreseeable losses that result from the failure, such as finding alternative accommodation or transport.

Reasons outside the operator’s control

You’re not covered by the CGA when your sailing is cancelled or delayed because of reasons outside of the operator’s control. Bad weather is an example of something outside the operator’s control. In this situation, what you’re entitled to will depend on the operator. You could be entitled to a refund, a rebooking, or a credit. Read the operator’s terms and conditions to see what you’re entitled to, or contact the operator directly. In our opinion, if your ferry is cancelled, you should be able to request a refund if another sailing doesn’t suit you.

Making a claim

Anyone whose travel was disrupted in the first three months of 2023 due to mechanical failures with the Interislander should be contacted by Interislander. If you were impacted, and you haven't heard from them yet, get in touch with them via Interislander’s request a refund portal. If your claim is about another event or operator, you should:

• Contact the ferry company and ask for a refund and reimbursement for any other reasonably foreseeable costs.
• Keep receipts of additional expenses incurred from your cancellation or delay, for example, accommodation. You’ll need these receipts for your claim. You can also file a claim under section 32 of the CGA at the Disputes Tribunal. Section 32 outlines the options consumers have when services don't comply with guarantees and sets out the right to claim for other reasonably foreseeable costs, like accommodation.