Has Anyone Successfully Sued NCL?

[RDC1]

As with most contractual agreements the NCL ticket contract includes language that basically says that if there is a conflict between the agreement and information provided by an NCL employee, the agreement stands. Since he was provided in writing the correct information the verbal information provided was in conflict with the written and as thus the written information remains in force.

[Raleigh Traveler]

NCL is a multi-billion dollar, service related company. They provide an experience where customer service has to be a high priority. I get that a written contract usually trumps any verbal statements, especially from a legal perspective. That being said, this and other posts highlight a major problem in NCL’s customer service and instead of people demanding that NCL do better in hiring and training, it seems like most have just accepted as normal what should be unacceptable. Too many of you are saying that you cannot trust the employees/representatives to be truthful or provide accurate information but you turn around and give that same company thousands of dollars for a future cruise. In almost any other consumer context, if you could not trust employees to give you accurate information, you would probably do business elsewhere.

NCL may be within their legal rights to deny a refund but since this highlights an on-going, serious customer service issue, I think they should do everything to try to make this right, and fix their problem.

[newmexicoNita]

A couple of quick clarifications - each and every time I called NCL, the call started with my reservation number and in each case the rep was staring at my reservation. I realize people make mistakes, but 5 different people?? And this is not a small one - "oh sorry, yes you do get 2 bottles of water in your room." They should know their own cancellation policy.

 

Without getting into a legal debate, the law is not so cut and dried to say that if it's in writing, no matter what you are told, tough for you. I can't speak for Florida law and case precedent but was hoping someone here would say 'In the past NCL has fixed something like this when a glaring error was made by their staff,' so I don't have to find out about Florida law.

 

I guess we'll see. I'll give guest relations until next week, which seems more than fair, before taking any additional steps.

 

I'll keep you posted on the outcome, either way. We really do hope we get to sail NCL again someday!

If you did give the res number I really understand your frustration and hope you can work something out, but as you have stated yourself, you probably should have read the fine print at the bottom. Right now, the only thing you have is verbal information that you say was given to you, but the cancelation policy is in writing.

 

I might not blame you for never sailing NCL again, but as for a law suit, would it really be worth the bother, especially knowing you are probably going to lose? BTW, just because you allow returns after the posted date is very different than a cruise line not allowing you your request. I am amazed though, you didn't get an email or something from NCL. this isn't a case, like you would think, about what is good PR and what is not, this is a case of whether you have any reason to even think about sueing. I do hope NCL will work with you and give you, at least part of the money back to apply to another cruise.

Edited January 10, 2014 by newmexicoNita

[newmexicoNita]

It is most definitely unclear if the OP was given conflicting information in the 5 phone calls that they made. From a legal standpoint, especially in Florida, the OP has a strong leg to stand on - hence the advice to contact the Fl AG. Had the OP not made the phone calls, and been given that information, it would be different.

 

Sorry, I disagree with you as well; what part of a written contract isn't clear to you? The absolutely only way she has any chance and even then it is very unlikely is, if she has the actually dates she called and who she talked to. don't you think a jury would have to consider whether or not she really made all those phone calls. I am not suggesting she did not, I have no clue, but I have served on more than one jury.

[rbrugler]

NCL's cancellation policy is clearly listed on the contract and website. You can be sure that would be noted in court. You can also be sure that they will present your email to Cruise Critic where you admit fault. End of case.

[B6ConMe]

I'm no lawyer, but:

 

#1... written contract trumps phone calls

#2... asking for information on CC about law suits is probably not the way I'd go about getting NCL's attention.

#3... if you want help with this you need to go to the only place you might, if you're very nice about it especially after posting here, get some help and that's NCL.

#4...there's no way, if I were working for NCL, that I would acknowledge this kind of post in any way!!

 

I feel badly that OP is unable to understand what a contract is and how it is be handled by both parties but it's such a huge part of life these days the $2000 may be a drop in the bucket, if they don't learn soon. JMO

[JUGGER]

ok, i'll admit the title is a bit of an attention-grabber... I'm really hoping i don't have to sue them :)

 

this is a cancellation/refund issue. The short version is that we booked a cruise in september 2013, cruise date march 30 2014. We knew there might be a family conflict, so we asked very specifically for the cancellation policy. Told it was 90 days. Called back on sept 4, made a small change to reservation, asked again and told it was a 90 day cancellation policy. Because i'm paranoid, i called again in october and asked for the specific date of the deadline. Told by phone it was dec 30, ninety days out. Unfortunately our conflict came true and we called to cancel on dec 16, 104 days out. The rep on that call processed the refund and said it would take 5 to 10 business days. On dec 30, there was no refund so i called and was told again it would hit my credit card in the next few days.

 

Finally, on jan 6 i called again - this time the rep said, "oh, i see you were in a haven suite, those have a 120 day cancellation policy. So we are keeping your $2,000 deposit. Sorry."

 

should i have looked for this info at the bottom of the paper reservation receipt when i booked, which they are now of course quick to point out? Probably. But really, five different ncl reps all told me the same information, and i asked each one of them to be "absolutely sure." no amount of speaking to supervisors has helped; i've been given a guest relations case number and a promise of a return call - it's now days later and no call.

 

Damn shame, we really enjoyed our first ncl cruise. Now instead of telling others about our great cruise experience, i tell them about being misled and swindled by ncl. Lesson learned, never believe what a phone rep tells you, ncl will not stand behind it, even with proof of the error.

 

Has anyone been through this? Should i keep trying to reach guest relations or am i wasting my time?

this is from--irene and john---so very sorry about your loss----but i will tell you a true story----my husband had a health issued while on one of carnivals ships--we took the health program---everything went a-ok---he is fine--but in the meantime we had paid reservations for a european cruise--our doctor --advised against taking this trip and i told our man at carnival--no problem---he canceled imediately--- --and -over $6,000 was returned to our credit card--no signed statement--he took our word----wonderful carnival---and this was within 2 months-----that is why we have 58 cruises with carnival-----irene and john-- yes--we too had the extra program---but they honored their word-------

[boo214]

im curious. op, if you knew there might be a problem, why did you not take out insurance?

[lgfromdg]

Which scenario is more believable:

 

1) Someone is so worried about the cancellation policy that he calls NCL 5 times to check on the cancellation policy, but never once looks at his cruise contract

 

2) Someone either assumes the suite cancellation policy is the same as other cabins, or knew about the 120 day policy and missed the date and is now trying to blame NCL.

Edited January 10, 2014 by lgfromdg

[swedish weave]

I have not looked at the contracts lately, but don't they state that disputes must be handled through arbitration ??

[che5904]

I have not looked at the contracts lately, but don't they state that disputes must be handled through arbitration ??

 

hahaha now wouldn't the OP have had to have read that said contract in order if this was so? ;)

 

I just couldn't resist. :D

[SeaShark]

I have not looked at the contracts lately, but don't they state that disputes must be handled through arbitration ??

 

Why would the contract matter?

 

 

All you have to do is claim that you talked to 5 people. Just a claim, there doesn't have to be proof.

 

All you have to do is claim that these people all told you something different than what is in the contract and what is in the policies. Just a claim, there doesn't have to be proof.

 

 

Once you do this, facts cease to matter and you can claim to have any position that 100% supports your side of the story...no proof required. And the icing on the cake is that there are people who will support you 100% and never ever question whether or not your side of the story is true!

 

 

Let's take em to court!! :rolleyes:

[Norwegian Cruise Line]

Hi CxxViii -

We would be happy to look into this further for you. Please email your contact information and file number to socialmedia@ncl.com.

Thank you,

Norwegian Cruise Line Public Relations

[swedish weave]

Why would the contract matter?

 

 

All you have to do is claim that you talked to 5 people. Just a claim, there doesn't have to be proof.

 

All you have to do is claim that these people all told you something different than what is in the contract and what is in the policies. Just a claim, there doesn't have to be proof.

 

 

Once you do this, facts cease to matter and you can claim to have any position that 100% supports your side of the story...no proof required. And the icing on the cake is that there are people who will support you 100% and never ever question whether or not your side of the story is true!

 

 

Let's take em to court!! :rolleyes:

 

Shark !!! You started drinking too early today !!!! lol

[swedish weave]

hahaha now wouldn't the OP have had to have read that said contract in order if this was so? ;)

 

I just couldn't resist. :D

 

You're right --- I wasn't thinking !!!! lol

[mpk218]

I knew it ! NCL to the rescue ... I love to see it and I hope they do the right thing . What ever that happens to be after their investigation.. ;)

[SeaShark]

You're right --- I wasn't thinking !!!!

 

 

Boy, I wonder how many times Myrna has heard you say that! :p

[susique]

We had to cancel our cruise for family matter in October for December 1st sailing and had insurance. We were booked in the DOS on the Dawn. We were paid in full and had insurance from NCL. We were given a cruise credit of 75% of the total fare, not just the deposit, because of the insurance. It seems the total fare for the Haven suite she had was $8000.00. She or he stated that they only paid $2000 deposit (25% of total fare). NCL policy states $2000 or 25% of TOTAL FARE which ever was greater would be the penalty. If they had taken insurance with NCL, the outcome would have been the same. Am I correct?

[luvwater]

I find it very surprising that the NCL representative who handled the cancellation on December 16th would tell the OP to expect his refund in 5-10 days. I would have expected the computer to indicate that no refund was necessary… (I'm assuming that the OP hadn't paid anything beyond the $2000 deposit, since he was not yet at final payment. Is that right, OP?)

 

Another question: If you had been told correctly that the free cancellation date was 120 days out (i.e. December 1 or November 30, not sure), would you have called to cancel before that? Or would you even have booked the cruise in the first place?

 

In October 2013, we missed the ship because of mechanical problems with our flight. Yes, lesson learned not to fly the same day the ship departs. When I called NCL the day of my sailing and told them I would not be on the ship the Rep told me they would refund my credit card. I so knew that was not happening. So yes, NCL Reps do make mistakes.

Edited January 10, 2014 by luvwater

[SMerritt]

Hi CxxViii -

We would be happy to look into this further for you. Please email your contact information and file number to socialmedia@ncl.com.

Thank you,

Norwegian Cruise Line Public Relations

 

Wow......and one of the top-ten reasons why we only sail NCL now

 

Question is: Will the OP find the above and READ this post?

 

This thread was a lesson learned, DH actually sat down and read all of the "fine print" for our upcoming cruise

[SissasMomE]

Sorry, I disagree with you as well; what part of a written contract isn't clear to you? The absolutely only way she has any chance and even then it is very unlikely is, if she has the actually dates she called and who she talked to. don't you think a jury would have to consider whether or not she really made all those phone calls. I am not suggesting she did not, I have no clue, but I have served on more than one jury.

 

I understand the average layperson thinks this way, but the law itself is much more complex. I'm not going to get into a legal debate ... I do have a law degree and 20 years of experience though ;) Also, I certainly was not advocating a lawsuit or a "jury" ... but contacting the AG would definitely be in his best interest.

Edited January 10, 2014 by SissasMomE

[SissasMomE]

Hi CxxViii -

We would be happy to look into this further for you. Please email your contact information and file number to socialmedia@ncl.com.

Thank you,

Norwegian Cruise Line Public Relations

 

Smart move.

[DDMau]

Hi CxxViii -

We would be happy to look into this further for you. Please email your contact information and file number to socialmedia@ncl.com.

Thank you,

Norwegian Cruise Line Public Relations

 

Here you go CxxViii, explain to them how you feel and what happened and any other concerns you might have.

 

They will be very understanding.

 

IMO I think you just might some kind of cerdit on a future cruise.

 

I really hope everything works out for you, please let us know.

[boo214]

Which scenario is more believable:

 

1) Someone is so worried about the cancellation policy that he calls NCL 5 times to check on the cancellation policy, but never once looks at his cruise contract

 

2) Someone either assumes the suite cancellation policy is the same as other cabins, or knew about the 120 day policy and missed the date and is now trying to blame NCL.

id go with 2 since they were so worried that they did not take out insurance

[SissasMomE]

Here you go CxxViii, explain to them how you feel and what happened and any other concerns you might have.

 

They will be very understanding.

 

IMO I think you just might some kind of cerdit on a future cruise.

 

I really hope everything works out for you, please let us know.

 

I agree!!