Costa's Compensation Offer MERGED THREAD WITH COSTA LEGAL OFFER & 2 OTHER THREADS

[graphicguy]

Had to redo the reimbursment form as they wanted everything seperate for each of us including Katharine.

 

We have been given a deadline of the 17th of February to accept the 11,000 euro offer.

 

There was no gag order on the offer ;)

 

I admire you for hanging in there after what you've been through. From what I've read in your posts, now Costa wants you to hurry up and submit reimbursement forms?

 

It just seems they keep adding insult to injury.

 

I'm really not seeing any remorse on Costa's part. I also get the feeling they're trying to railroad people with their offers and the way they're acting.

 

I'd be securing my own legal council as some have recommended.

[Cuizer2]

What is on the cruise contract will get thrown out the door once negligence is proven.

 

 

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Perhaps you would be interested in the following article written by a real attorney ...

 

http://www.prweb.com/releases/2012/2/prweb9168448.htm

 

The second uphill for the plaintiffs is the “choice of forum” clause on tickets purchased by passengers. Generally, cruise tickets include a contract with a "choice of forum" clause stating the proper venue for potential lawsuits. Defendants can challenge the jurisdiction of U.S. court over this case if the tickets purchased and signed by the plaintiffs before the ship capsized the coast of Italy have this clause. The clauses in the cruise industry are different than other forms of travel. Lawsuits against airlines can be brought almost anyplace they do business.

[Cuizer2]

Here is a different article on the effect this accident is having on booking ...

 

http://www.nj.com/business/index.ssf/2012/02/costa_concordia_disaster_crash.html

[ducklite]

Ducklite you should change you name to duck excess baggage like me ;), people joke with me that the reason the ship sank was becuase my luggage was too heavy thanks for your advice

 

I travel with a roll on and tote bag. But I like nice things to be inside them. :D

[ducklite]

I think people need to step back a bit and realize most on this particular cruise did not travel half way around the world as Michelle did.

 

The vast majority were Italians who did not fly to begin the cruise and probably were back home in their beds the night after the sinking. They did not deal with lost passports, embassies, hotels, or trying to get flights home. So I am just thinking maybe the first offer is based on getting these ones out of the way.

 

Accepting the offer or not is a personal choice based on your inconvenience, your losses and your current state of mind.

 

Then Costa shouldn't be makign a one size fits all offer. It's pitiful and bad business practice.

[mickey_d_mouse]

I know it sounds like sour grapes but people who boarded the cruise ship in Savona and were on their last night are mostly getting much more compensation than those who boarded in Civitivecchia and were on their first night. They are reimbursing the fare to all passengers and anything they charged on board, so if you had been on 7 day trips as it was 7 ports in 7 nights + all inclusive drinks + ate a few nights at the nice restaurant went to the spa a few times you may have an on board bill of around 1,000 euro and you enjoyed 7 days and 6 nights of a 7 day cruise, where I enjoyed 4 hours and had 3 drinks, all I supposedly get is my fare.

 

I note from an article online that some lovely Canadians we met in the Hilton Garden Inn still dont even have their claim forms as yet.

 

I just get the inconvenience of having to deal with Shanghai.................

[Canadian Karebear]

I admire you for hanging in there after what you've been through. From what I've read in your posts, now Costa wants you to hurry up and submit reimbursement forms?

 

It just seems they keep adding insult to injury.

 

I'm really not seeing any remorse on Costa's part. I also get the feeling they're trying to railroad people with their offers and the way they're acting.

 

I'd be securing my own legal council as some have recommended.

 

That sure doesn't seem to be alot of time to think about anything.

[Pushka]

Perhaps you would be interested in the following article written by a real attorney ...

 

http://www.prweb.com/releases/2012/2/prweb9168448.htm

 

 

And the reason why we have courts and judges is because "real" attorneys never agree. ;) And then we have appeals courts because sometimes even judges dont agree.

[Cuizer2]

And the reason why we have courts and judges is because "real" attorneys never agree. ;) And then we have appeals courts because sometimes even judges dont agree.

 

Which basically means that all the speculation by the non-legal eagles on this thread is opinion and not facts - and thus should be stated as opinion and not stated as a fact.

[Pushka]

Which basically means that all the speculation by the non-legal eagles on this thread is opinion and not facts - and thus should be stated as opinion and not stated as a fact.

 

That is a given. As is the speculation of legal eagles. Until it is tested in court.

 

 

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[Tranquil Waters]

Which basically means that all the speculation by the non-legal eagles on this thread is opinion and not facts - and thus should be stated as opinion and not stated as a fact.

 

Really? Really? You do realize this is a cruise site correct? I think anyone with half a brain could figure out that these are cruisers posting not legal experts.

 

And cruisers are allowed to have opinions just like anyone else.

 

If anyone is looking for legal opinion I am sure there are plenty of legal discussion boards to visit. Although I would venture to say that opinion on there would be just as varied as it is here. And that you would find just as much "speculation" as to guilt......

 

I don't think a disclaimer of the obvious is needed.

[Keel Haul]

Really? Really? You do realize this is a cruise site correct? I think anyone with half a brain could figure out that these are cruisers posting not legal experts.

 

And cruisers are allowed to have opinions just like anyone else.

 

If anyone is looking for legal opinion I am sure there are plenty of legal discussion boards to visit. Although I would venture to say that opinion on there would be just as varied as it is here. And that you would find just as much "speculation" as to guilt......

 

I don't think a disclaimer of the obvious is needed.

so far Cuizer2 has won 3 "no shxt sherlock" awards and the Solvite cut and paste award for posting the same link in 5 threads.

[Canadian Karebear]

Really? Really? You do realize this is a cruise site correct? I think anyone with half a brain could figure out that these are cruisers posting not legal experts.

 

And cruisers are allowed to have opinions just like anyone else.

 

If anyone is looking for legal opinion I am sure there are plenty of legal discussion boards to visit. Although I would venture to say that opinion on there would be just as varied as it is here. And that you would find just as much "speculation" as to guilt......

 

I don't think a disclaimer of the obvious is needed.

 

I agree, we are all just people having an opinion here. No one has stated that they are a lawyer, or that this is a fact representation.

We are all just trying to make sense out of a situation that lacks sense.

 

My wondering is more based on the judicial system in Italy (if that's where these cases will be reviewed). Is it a law based on precedent? If so, is there a precedent that has occured that will match or be close to this one?

If not, is it a different legal system where by precedent doesn't matter?

[Pushka]

I wish there was a like button Keel Haul. :)

 

 

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[Cuizer2]

And cruisers are allowed to have opinions just like anyone else.

 

I don't think a disclaimer of the obvious is needed.

 

I never said anyone couldn't have an opinion, nor did I say they couldn't post it. All I said is that an opinion should be stated as such, and not as a fact.

 

What is obvious to you might not be so obvious to others.

[Cuizer2]

so far Cuizer2 has won 3 "no shxt sherlock" awards and the Solvite cut and paste award for posting the same link in 5 threads.

 

Only five? Which one did I miss?

[oceanwavegirl]

I know it sounds like sour grapes but people who boarded the cruise ship in Savona and were on their last night are mostly getting much more compensation than those who boarded in Civitivecchia and were on their first night. They are reimbursing the fare to all passengers and anything they charged on board, so if you had been on 7 day trips as it was 7 ports in 7 nights + all inclusive drinks + ate a few nights at the nice restaurant went to the spa a few times you may have an on board bill of around 1,000 euro and you enjoyed 7 days and 6 nights of a 7 day cruise, where I enjoyed 4 hours and had 3 drinks, all I supposedly get is my fare.

 

I note from an article online that some lovely Canadians we met in the Hilton Garden Inn still dont even have their claim forms as yet.

 

I just get the inconvenience of having to deal with Shanghai.................

 

Michelle I live in Australia and I reached a settlement over an accident using Maurice Blackburn they were absolutely amazing people I feel they would have overseas contacts to get fair compensation for you if thats what you are looking for as it seems to me you dont seem 100 percent happy about any of this. ??? They are extremely approachable and are the best in the business just because you are located this way.. dont think you have to settle for Costa 14K ...anyway just my opinion on this forum so say all of us ..all the best to you....

[Tranquil Waters]

I never said anyone couldn't have an opinion, nor did I say they couldn't post it. All I said is that an opinion should be stated as such, and not as a fact.

 

What is obvious to you might not be so obvious to others.

 

Oh, I think you sell your fellow CC-ers a bit short. They are a pretty bright bunch. I think they all get that they are on a cruise board not a legal forum. ;)

[Tranquil Waters]

Apparently a thought worth repeating.......

[Cuizer2]

Oh, I think you sell your fellow CC-ers a bit short. They are a pretty bright bunch. I think they all get that they are on a cruise board not a legal forum. ;)

 

They may understand they are not on a legal forum, but they still believe some of the dribble that some people post. For example, all the people that don't understand the PVSA and post total inaccurate information that clearly others believe to be correct.

[Keel Haul]

I wish there was a like button Keel Haul. :)

 

 

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I could help you find it clic to enlarge

[Tranquil Waters]

They may understand they are not on a legal forum, but they still believe some of the dribble that some people post. For example, all the people that don't understand the PVSA and post total inaccurate information that clearly others believe to be correct.

 

Now what PVSA are you referring to? the President's Volunteer Service Award? Or the Post Vasectomy Semen Analysis? You seem to be making assumptions here that people know they are on a cruise site! :eek:;):D

 

So I stick to my earlier statement. If there is anyone out there who takes every word they read on a cruise site as FACT they have far more problems than giving an "opinion" disclaimer can begin to address.

[greg-nc]

Perhaps you would be interested in the following article written by a real attorney ...

 

http://www.prweb.com/releases/2012/2/prweb9168448.htm

 

Let me give my two cents based on what other legal commentators have been saying on the news. Usually when gross or criminal negligence is involved a written contract will be not enforced in U.S. courts. The first thing the lawyers will attempt to do in this Costa case is to squash the provisions of the cruise ticket contract - it is an uphill battle but they are likely to succeed according to legal pundits on T.V.

 

The example this lawyer cites in the article of someone falling down and breaking their leg on a cruise ship - a situation that did not involve gross or criminal negligence of the officers & crew is very different than the Costa Concordia. The decision to enforce the contract terms when someone breaks a leg is expected and appropriate.

 

Let me provide my own personal example. For many years I used to coach youth soccer. Part of the coach licensing process was to understand the basics of waiver contract law for your club. Basically to play a sport in the U.S. parents sign a waiver not to sue the club if their child gets hurt. This translates as follows in practice; if a kid breaks their leg in a game due to contact with another child with no criminal intent then the waiver is legally binding. If I as a coach go over and beat up the kid and break his bones, and get arrested for criminal assault, then waiver will be tossed out in court and the club will be liable in civil court. This is why coaches go through extensive criminal background checks and a pysch interview in the U.S. before being allowed to coach youth sports.

 

I expect these same legal concepts will hold true in the Costa Concordia case in the U.S. - only time will tell if my opinion is correct (I am not a lawyer and this is not legal advice).

[mickey_d_mouse]

waiting, waiting and waiting on a reply any reply from Costa, especially something in English that I can understand, Chinglish is so hard some times.

[Cuizer2]

Now what PVSA are you referring to? the President's Volunteer Service Award? Or the Post Vasectomy Semen Analysis? You seem to be making assumptions here that people know they are on a cruise site! :eek:;):D

 

Passenger Vessel Services Act.