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Desperate! We need your advice!


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Okay fellow cruisers, my friend and I really need some advice! I'm posting this because I've been helped here plenty of times and I know I can count on you guys for some advice.

 

Here's our story: First of all I would like to let you know that my friend and I are in our mid to late 20's. We've been talking about our cruise for 2 years now and we've been saving up all of our money and not taking any vacations for those two years so that we could go to this cruise. We've finally saved enough money and finally paid this cruise in full 3 months ago. We've been planning and getting excited every since. I booked this 12 day Meditteranean cruise on Brilliance with a TA. When I first booked it I told her that we were not US Citizens and that we were both Resident Aliens of the U.S. I had asked her if we needed anything other than passports and she said no. Okay...stupid me believed her and took her word for it eventhough 3 weeks before we left for our cruise we had received our cruise papers and it stated in there that if you're not a US citizen that you would need to acquire a visa to get in those countries. But I believed her and didn't question her about it. She had sent me some paperwork in the mail right after I paid my cruise in full and she told me to initial the areas she highlighted. Again, stupid me didn't read the areas she highlighted and just initialed it and mailed it back. Not knowing that I initialed a part in there that said that we are United States citizens. Although, I don't know why she would highlight that in the first place after I already told her that we were not. I know most of you will agree that this part was my mistake, that I should be reading everything before signing...but I didn't and I guess I'm paying for it. We had taken insurance from this TA to cover our cruise, but the TA never mentioned anything about RCCL's cruise care insurance to us, she just sold us their insurance which I come to find out later that it pretty much sucks and does not cover everything like RCCL's insurance does. If I had known that RCCL's insurance exists I would have taken that instead of theirs. I know there has been a lot of posts here about insurance, but I never really paid attention to it until now because I thought that the insurance that I bought from the TA will cover it. To make this story short, we flew to Barcelona from Orlando on the 13th which was this past Sunday. Arrived in Barcelona, but was not allowed past the security because I didn't have the proper documents such as a visa to enter their country. The following 16 hours would be my worst day of all. After the airport police in Barcelona held me up asking why I didn't have a visa and that to enter Barcelona and any of the countries in my itinerary I had to have a visa. I told them my side of the story and they asked me why did the airlines let me board their flight knowing that I would need a visa to enter spain. I told them that no one told me at the airport that I would be needing a visa to enter. Later on I found out from one of the airlines agent that they should have checked to see if I needed a visa and not have let me in the plane. She said that whoever did that would get in trouble and that if anyone found out the airlines would be fined big time! Anyway, the barcelona police was very upset and angry with the airlines and travel agent for not letting me know the correct policies. They were really nice and really felt bad for me. I ended up talking with a translater and a lawyer in barcelona after they held me and put me in this holding cell, kinda like a jail cell with all these other guys that couldn't get in to barcelona. Imagine me...a 30 year old woman in a small room with a bunch of guys, half naked because it was hot in there and all of them speaking in spanish and me not able to understand? It was horrible! There were cots in there and left over food all over the place. It looked like they've been there for days! There was also a police officer standing guard at the door and the door was locked at all times! Thank God I was only in there about 1 hour before the lawyer came and "bailed" me out. By the way, my friend was okay to go in because since she's from Mexico she didn't need any visas to go in Spain. I was told that I have to go back to the US right away so they had arranged a flight for me to come back here. My friend was told that she was free to go to the cruise, but of course she didn't want to leave me there. They said that they were not able to find her any flights home with me and that she might have to come back the following day. I've already been crying my eyes out and so was she and then the news that we would not be coming home together created more tears from both of us. I guess they really felt sorry for us that they eventually found her a flight to come home with me. Again, the airport authorities were really nice about all of this and they were just mad at the airlines and the TA for telling me wrong information. The lawyer was the one that told me to file a complaint against the airlines for letting me in the plane in the first place! So...we finally received our tickets to go back and it was time to board the plane again. I was escorted by the police out of the airport in a police car to the inside of the plane. Mind you, this was really humiliating! I felt like I was a criminal! The lawyer did say, that I didn't do anything wrong and that I am welcome to come back to their country anytime as long as I have the correct paperwork. Of course, this would not stop me from going back at all.

 

We finally landed back in the US. Out of the 3 luggages that we took with us to Barcelona only 1 came home with us. There was about 600 luggages that were lost that day according to the airlines. And they blame the new TSA rules for misplacing all of those 600 luggages. Unbelievable! We pretty much spent an entire 2 days at the airport flying back and forth.

 

Now this is where our need of advice starts. As soon as we landed in Philly, I called the travel agent to find out what I needed to do. I was still willing to get a visa and maybe catch the cruise on their 2nd or 3rd day out of Italy or France. Remember that this was our dream trip and we were not about to let it go by without a fight! I ended up calling different embassies and we were both willing to fly to Washington D.C. to get a visa as soon as possible. Unfortunately, acquiring a visa is not that easy. In most cases, you either have to make an appointment or it will take about 2 weeks to get. Obviously, time was not on our side and this option was not allowed. Now, my TA who is on vacation this week. The one that I had talked to this whole time is not there to tell me what I needed to do. I ended up talking to another TA and she told me that when she looked at my paperwork that I had initialed that I was a US citizen. I had told her that was a mistake and that my TA knew that we weren't. She said due to this that we will not be getting our money back. I've already checked with RCCL and of course they will not reschedule or rebook our trip and will definitely not refund us.

 

Can anyone help us with this? We don't want anything, we just want the trip rescheduled. We are sick to our stomach thinking that we would loose $8000.00 that we worked really hard for. Any advice would be greatly appreciated! Thank you all in advance for taking the time to read this!

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Sorry to say, but you should always read before you sign. TA's deal with many many clients - and hopefully they take good notes and remember the details -- but, sometimes things get past us. That is why the confirmation was sent out -- she/he wanted to confirm the details for your booking -- you indicated that you were a US citizen. Why should the TA doubt you? You ought to know where you've come from. If one of my clients told me they were a US citizen -- I would believe them - even though my notes said differently (but, I probably would have double checked if I saw a discrepancy).

 

I don't think that RCI will re-schedule you -- they aren't at fault. However, that being said --- contact a supervisor, write letters, explain the situation and beg beg beg -- and MAYBE something will work out for you. A good TA will try to help you out - and work with you.

 

Good luck!

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Sorry that this has happened to you. It's a tough lesson to learn. Unfortunately, it happened at a time of very heightened airline security. I'm really surprised that airline employees in Phila let you board your original flight.

 

Not sure why you have to rely on a TA if you do want to go through with getting visas on your own. Contact the embassies in question as well as RCCL to see when you can catch up with the ship. As long as money is no object, I would think you could pull it off.

 

Bottom line is that it always better to do your own legwork. Did you read the cruise docs before you got on the plane? I believe there is language re: non-US citizens.

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I am so sorry to hear all that happened to you! I can understand about telling the Ta and relying on their expertise, since that is why you used them to book your dream vacation :) At your age the excitement and planning led you to go merrily along thinking your TA had given you all the proper information.

I am sure you will NEVER sign another document w/out reading it or not question someone several times to make sure you get the same answers. all those out there who will say it's your fault for not reading, not checking into things etc..have all forgotten mistakes they made that they have learned from and now would not let things slip by. Ignore them..when you get to be their age I'm sure you'll be an expert just like them!

Right now I hope you can get things to work out.. I know it's not the cruise line's fault but maybe someone will be able to help you re-schedule so you don't lose all your $$ and your dream vacation.

My other advice is to always book directly w/ the cruiseline if possible, it seems to work best for alot of people.

Good Luck!

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This has nothing to do with booking through the cruise line or not.

 

I feel sorry for what happened but "we told the TA" may have been very early in the process. Did you tell the TA when you were just inquiring or when he/she asked you for all your info. (address, names, birth dates, etc.) for entering into their booking engine? Further, to sign documents without reading them, especially a box that simply says US Citizen, YES/NO. "Not knowing that I initialed a part in there that said that we are United States citizens." How do you know that there was such a box that you initialed? I know the box is on the document but have you seen the document? Was "YES" checked or do you remember that box now?

 

Further, the pre-cruise documents require you to enter your passport number. Who entered your's on that document? The passport number contains, in letters, the issuing country. RCCL should have picked that up.

 

By the way no matter what insurance you had, this one is not covered.

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What a nightmare :eek: ! While I do sympathize with you and your ordeal, you must understand that proper documentation is the responsibility of the traveler, not the agent, nor cruise line or airline. That you didn't read and still initialed or signed contracts and documents will be a life lesson for you.

 

I wish you luck in any compensation you may get back, but it will be hard won.

 

I know about saving and planning, we did the same thing for our first cruise. But, I also read every scrap of information I could, so we would not have any of the problems you encountered.

 

I hope your future travels are much happier.

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This has nothing to do with booking through the cruise line or not.

 

I feel sorry for what happened but "we told the TA" may have been very early in the process. Did you tell the TA when you were just inquiring or when he/she asked you for all your info. (address, names, birth dates, etc.) for entering into their booking engine? Further, to sign documents without reading them, especially a box that simply says US Citizen, YES/NO. "Not knowing that I initialed a part in there that said that we are United States citizens." How do you know that there was such a box that you initialed? I know the box is on the document but have you seen the document? Was "YES" checked or do you remember that box now?

 

Further, the pre-cruise documents require you to enter your passport number. Who entered your's on that document? The passport number contains, in letters, the issuing country. RCCL should have picked that up.

 

By the way no matter what insurance you had, this one is not covered.

 

I totally agree . . has nothing to do with who you booked with. And no matter what insurance you purchase they won't cover your own negligence. What I find alarming is how people never bother to look up things for themselves with regards to departments that are not governed by a resort/hotel or cruiseline. The department of State regulates and indicates what is necessary for individuals to enter/exit the US as well as they advised regarding other country requirements. I NEVER leave it up to RCCL to tell me what I need. I contacted the dept of state and asked what I needed for my first cruise and all of my land trips. And granted I don't think any TA or agency who try and purposely mislead you, it is not their responsibility to make sure you have the proper documents. It would me nice and good CS if they did, but they won't be held accountable for it. Espefcially if you initialed that you "were" a US citizen. While I am 28 now, I started cruising at 23 so age has nothing to do with it. There would be no way I'd drop $8k and not go over ALL my documents to make sure I don't have everything in order and the required docs. Especially after 9/11.

 

I am not trying to sound mean or cruel, but honey please learn a valuable lesson from this and never plan to leave this country without checking first with the appropriate governing department as to what the requirements are for entering/departing. Because frankly the cruiseline nor the airline with take the heat for it, nor will they refund you. It's worth checking and asking to see what they can do though. All they can say is yes or no, but I feel sorry for your friend because she too had to missed out and it's not even her fault.

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I felt so absolutely terrible for you while reading your posting. I can't even imagine going thru that experience. At this point, don't beat yourself up over what you should have done because as the saying goes, "Hindsight is 20/20". Seems like most people had some good intelligent suggestions for you for the future and the one thought I had was also about basically contacting RCCL & going with pleading for their help. Visit or contact your local library & ask the reference person to look up the Pres./CEO name & address for RCCL. Explain the situation & ask if they, acting in a generous business manner, would consider letting the two of you sail on the same trip for the cost you already paid but at a time when they may be otherwise empty cabines. Note that RCCL is such a major player in the cruise industry you would hope that they would do this as a one time consideration. (If it sounds like "kissing A.." yeah it is - who cares if it can resolve this unfortuante siutation). I usually send anything important in a Priority Mail envelope with a delivery confirmation slip to track it (costs about $4.50 postage - Priority Mail not so much for the speed as for the idea that your envelope stands out from other regular white ones & giving the idea that this is important. A tip I read somewhere & found I've gotten quicker response with). You've given what seems like an honest account of what happened and accepted responsibility for your errors. There is a lot to be said for that. Again, just relay the account of your story to RCCL and humbly request what you would like them to do to assist you. I just read a post where somewhere is going on an 8 or 9 night Caribbean cruise on 9/8/06 at a cost of $449. less a $200. stock credit. If they can offer 9 nights for $249. to someone, it seems to me the cost is minimal to them in letting 2 young women be passengers in rooms that may otherwise sail empty (still $ to be made off drinks, pictures, tours & tips - which is a point you may want to remind them of). It's worth a shot. I'm hoping something works for you. Good luck.

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Each of you should file in small claims court for the individual cost of your trip. I would sue the travel agent not the cruise line since the TA was worthless. I always book directly with the cruise line and just before final payment I might give it to a TA if they give me onboard credit but I've already done the legwork.

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I am sorry for your missed trip. But I must say that not only did the TA send you paperwork to fill out, but the cruise documents clearly will state what is needed to travel. Unfortunately, this is a hard lesson to learn. As others have mentioned, about the only thing you can do at this point is contact a supervisor at RCCL and beg for a rescheduling. It probably is highly unlikely, but that is the only viable route you have. Good Luck.

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I'm sorry but I just don't understand how you could not know that you needed a visa!

 

I feel terrible that your vacation was lost but I really don't see how it was the travel agents fault. If I remember about half way through your story,(I just can't go back & read it again) there was a question about two weeks before your cruise about documentation. I think you need to take responsibility for yourself.

 

I am really sorry this happened to you !

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Yes, your own negligence plays into this problem, but TA's are supposed to carry "Errors and Omissions" insurance. This policy covers matters that the TA may not have thought of like visas, for example, especially when the client mentions that they are resident aliens.

 

I would contact a lawyer (a small claims court suit may have to be filed where the TA is located or where their corporate headquarters is located - check (i.e., read) the contract that you signed for your purchase. Then contact your TA and see if she or her corporation are willing to make this good since you did advise her(them) that you were a non-citizen. They may be willing to make it good to preserve their insurance policy.

 

In short, you need to go after the TA because they are to show the "due diligence" to make the trip possible. You hired this person to cover just such issues. Good luck.

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Each of you should file in small claims court for the individual cost of your trip. I would sue the travel agent not the cruise line since the TA was worthless. I always book directly with the cruise line and just before final payment I might give it to a TA if they give me onboard credit but I've already done the legwork.

 

What exactly would suing the TA do for her? She initialed on the form that she was a US citizen so the TA would not have thought anything different. Additionally I am quite sure the TA did not have her sign something stating the TA would be held accountable for passengers negligence. The burden of proof lies on the passenger, and because she signed something she did not read, neither the TA, airline, nor the cruise line are no longer liable. The only person responsible for citizenship requirements is the citizen. I think she should ask the cruise line "nicely" can they book her on another cruise as a courtesy since she did pay for the cruise and could not go and explain her situation. Maybe they will have a med. cruise sailing not so full and allow her to go or at least give her some form of credit. I assume she did not do the online check-in because had she done this it would have asked her for documentation. Online check-in is user/password sensitive so I assume the TA would not have done this for her. At this point she would have needed to indicate a passport as well as the #. Anyhow, water under the bridge at this point. i'd just plead with rccl and ask if they can book her on another cruise med, carib or whatever they are giving away. Somthing is better than nothing.

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Oh, that sounds like such a terrible ordeal. Unfortunately, no one is obligated to do anything for you. Your only hope is to have the mercy of Royal Caribbean who might be sympathetic and re-schedule your cruise. Beg and Plead like crazy and if you don't get a response from one person, then try another. $8000. is a huge amount to a young person but DON'T beat yourself up about it. As a very young widow who had received benefits from my husbands death, I made a foolish investment deceision in which I lost $140,000., almost all of the benefits we received. I beat myself up about it so much I could not sleep, it made me physically ill for a year. I could not go on with my life until I forgave myself for the mistake and let it go. Now, almost 20 years later it is nothing but a bad memory and a very exspensive learning mistake. I hope the best for you.

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What a terrible ordeal to have lost your dream trip AND eight thousand dollars!! But I think your undoing was signing that you WERE a US citizen. You may have told your TA in conversation that you were not a citizen in the planning stages, but you are just one of many clients the TA is dealing with at one time, and what is "said" is not binding, but what is signed and contractually agreed to (stated as factual) IS. I think when you sign something stating that it is true and correct, the burden is yours. That said, I do hope RCI will help you out and you aren't out the money you paid.

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You might try contacting the consular offices. Most countries have consulates in NYC. You might hit a sympathetic official who will issue you an emergency visa. Your chances may be slightly better there than with the embassies.

 

Otherwise, try begging with RCCL. If they are helpful, they will probably have two really loyal cruisers for the future.

 

Good luck.

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Yes, your own negligence plays into this problem, but TA's are supposed to carry "Errors and Omissions" insurance. This policy covers matters that the TA may not have thought of like visas, for example, especially when the client mentions that they are resident aliens.

 

I would contact a lawyer (a small claims court suit may have to be filed where the TA is located or where their corporate headquarters is located - check (i.e., read) the contract that you signed for your purchase. Then contact your TA and see if she or her corporation are willing to make this good since you did advise her(them) that you were a non-citizen. They may be willing to make it good to preserve their insurance policy.

 

In short, you need to go after the TA because they are to show the "due diligence" to make the trip possible. You hired this person to cover just such issues. Good luck.

 

I'm not sure why you would recommend this?? It is her own fault..not the TA's. The TA did her job by having her sign the forms, and the cruiseline did their job by sending out documents with entry requirements. I am tired of hearing people like you wanting to sue everyone. It's about time, people take responsibility for themselves. This is a terrible situation, but it is clearly the traveller's fault by NOT READING what she signed. How difficult is the question..Are you a US Citizen??????? I'm sorry to sound harsh, but I get really tired of people suing for no reason whatsoever!!

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I initially had some sympathy. But.

 

If you are a Resident Alien living in the US you are not unfamiliar with the fact that countries require visas. Nor, having acquired one of the more difficult to acquire ones, should it be any surprise that visas can take some time.

 

You haven't indicated your citizenship but since you needed a visa to enter Spain it obviously isn't European Union, Icelandic, Norwegian, Swiss, Australian, Japanese, N. American, Andorran, Anguillan, Argentinian, Bermudian, Bolivian, Brazilian, or from the British Virgin Islands, Brunei, Bulgaria, Cayman Islands, Chile, Costa Rica, Croatia, El Salvador, Falkland Islands, Guatemala, Honduras, Hong Kong (SAR), Israel, Korea (Rep), Liechtenstein, Macau (SAR), Malaysia, Mexico, Monaco, Montserrat, New Zealand, Nicaragua, Panama, Paraguay, Romania, St Helena, San Marino, Singapore, Turks & Caicos Islands, Uruguay, Vatican City or Venezuela. That being the case its likely that you need a visa to almost every country you visit. So the requirement should have come as no surprise.

 

Undoubtedly your TA should have been a little more careful. Certainly the airline was legally responsible for repatriating you since they permitted you to board with improper documentation. Ultimately the onus is on you to insure that your documentation is in order. From your post it is apparent that you exerted zero effort to determine your travel documentation requirements and, in fact, willfully ignored repeated warnings in writing to do so.

 

A very harsh lesson. Thanks for posting it. I hope that it will prevent others from having a similar experience.

 

P.S. Your profile states an age that is slightly higher than the one suggested in your post. You may want to check it.

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So here's the thing about the E and O.

 

While it is true that she SHOULD have known better, and I have little sympathy on that level, the fact is (according to the OP's statement) that she advised the TA of her status in the beginning of the transaction and the TA missed it (I think they call that an Omission). The TA then sent her forms marked for her initials (OP were they highlighted or tape marked with the little "Sign here" tapes?) which compounded the problem (that is called an error).

 

As to the the obtainment of a visa, yes, U.S. visas are difficult to obtain, but one may be a minor when they obtain "resident alien" status and have little to no idea of how the legal system and international codes work. I grant you that folks living in the U.S. should research their status and know how the codes work, just as we who are citizens should know what our citizenship provides us here and elsewhere in the world.

 

Finally, it is rare that I advocate legal action, especially when personal negligance is involved, however, becoming a travel agent is more than sitting back and taking orders from people to fill their travel needs and collect a commission. Anyone can make travel plans, TA's should be on the look out for the wrinkles of travel and are counted upon to make sure that all is done well.

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I definately would not suggest legal action. It will be a waste of money because you will not win. The only way to possibly get the TA to accept some responsibility is if your conversation when you said that you were not a US citizen had been recorded. If it was said in person then it is your word against hers unfortunately. The TA has everything on her side. 1. It is the passengers responsibility to abtain proper documents. 2. You signed a verification form stating you were a US citizen. and 3. You recieved documents from RCI stating that you may need a visa.

 

 

What I do suggest is to write a letter to RCI begging them to give you a future cruise credit. I have seen it done. I had a client book a cruise for his parents (not US citizens). The day of the cruise they still were unable to get their visa. I wrote a letter to the cruise line explaining the situation and they were given credit for a future cruise for the amount they had paid that could be used anytime in the next year. This was on Carnival but you never know RCI may do the same it is worth a try.

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You do not have to tell me what the job of a travel agent is...I have been one for over twelve years. And I also have had many clients that may not understand what I am saying or are not listening to what I am saying...thus the need for something being signed for the client. I feel very bad for the OP, but again, it is clearly not the fault of the TA and with the signed paperwork, it would be a total waste of time to pursue it further. It's a done deal. The poster also has cruised before and has many posts concerning her cruise, asking for information on shopping and makeup. Unfortunatly I would leave it be as a terrible experience and hope the cruiseline will decide to reaccomodate her, which is where her efforts should be going instead of stupidly suing someone for her own negligence.

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You stated it yourself..." Okay...stupid me believed her and took her word for it even though 3 weeks before we left for our cruise we had received our cruise papers and it stated in there that if you're not a US citizen that you would need to acquire a visa to get in those countries."

 

Unfortunately this stupid mistake cost you $8000. Your friend is a great person because I would have left you. There is no need for both of us to miss the cruise. I would have cried and said see ya in a couple of weeks. I'll take plenty of pictures. I know that might sound mean but there's no way I would have given up this cruise because you didn't have your visa.

 

I read some of your previous posts and it looks like you are an planner/organizer so I'm still baffled you overlooked this HUGE REQUIREMENT. You were so maticulous in your planning but you didn't follow through on your VISA. It just doesn't make sense to me. I'm quite the planner myself and I read and reread everything. Three, four and five times.

 

Now on another note, you and your friend both had to sign the cruise docs. Neither one of you raised your hand and said, TA we have a problem, do we or don't we need Visas? I'm finding this hard to believe. Is there more to this story?

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