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Luggage Dropped in Ocean... Anyone else had this issue?


jmbeebe0722
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This is a thread from 2011 with the exact same situation and $50 was all that was offered.

 

http://boards.cruisecritic.com/showthread.php?t=1447392

 

Well, since the poster of that thread never came back, we have no idea what the final outcome was.

 

From his one and only post:

 

Initial contact with Luggage department indicated we would only get reimbursed $50 maximum.
I'm very interested to find out the result of this. Negligence is obvious here, whether by Carnival, the port personnel, or both. I don't think any liability rests with the OP. I would assume that the luggage and contents of the majority of people cruising exceeds $50. If $50 truly is the end result of this, then I would seriously be reconsidering how I pack from now on.

 

Hopefully this poster will let us know the end result.

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Also check with your credit card company. My AMEX card would cover up to $1000 if I used it to pay for the travel, which I always do as it includes $500,000 in life insurance while on the trip.

 

I saw something similar happen as we were leaving on the Dream last year from Galveston. A trailer carrying several pieces of luggage broke loose from the tractor pulling it to the ship. It went about 30 feet out of control and then off the edge of the pier into the water. I assume a diver went down for it after we left, but they didn't do anything while we where there.

 

So count your blessing it happened at the end of the trip and not the beginning.

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OP- I would totally try to escalate this come Monday. I mean I completely feel for you. That's horrible. I have samsonite luggage as well and that stuff isn't cheap. If it went to the bottom of the ocean $50 would't even come close to covering the cost of it, and then to think of what's in it...OMG!

Now, I wouldn't have put my iPad in it, but that's hindsight. I also travel with liquor in my luggage and have successfully flown home with it (knock on wood). I mean what other choice do you have when flying? But I really think Carnival needs to help you out here. I really feel horrible and think you should be compensated for the belongings you lost due to the negligence of the people they hire to entrust your belongings with.

 

I am surprised at the people posting claiming to be so shocked that someone packed liquor in their bags. You have no choice but to pack it in luggage to be checked, as you can no longer carry it on with you when you fly home. I pack glass bottles of alcohol every time I take a cruise or travel internationally and have the opportunity to buy duty free. I take jumbo ziploc bags and pack each bottle inside of a zippy bag, then roll it in clothing, like scarves/wraps, tee shirts, etc., to add cushioning. I also put our tablet (not an iPad, but similar) into my suitcase packed between layers of clothing. I don't see any issue with that, either.

 

The issue here is that they DROPPED THE BAG IN THE OCEAN. Every single item inside the bag AND the bag should be paid for. Carnival should make sure of this, as it was from their ship that the bag was being removed.

 

I really liked your response. No matter what was in the bag or how it was packed, the OP is owed reimbursement.

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On our last cruise (NCL Epic) we stood on our balcony watching some guys in scuba gear fishing luggage out of the water on debark morning. One guy (supervising on the pier) had on a t-shirt with "dive crew" written on it. Luggage going into the water obviously happens more often than I thought it did!

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I am surprised at the people posting claiming to be so shocked that someone packed liquor in their bags. You have no choice but to pack it in luggage to be checked, as you can no longer carry it on with you when you fly home. I pack glass bottles of alcohol every time I take a cruise or travel internationally and have the opportunity to buy duty free. I take jumbo ziploc bags and pack each bottle inside of a zippy bag, then roll it in clothing, like scarves/wraps, tee shirts, etc., to add cushioning. I also put our tablet (not an iPad, but similar) into my suitcase packed between layers of clothing. I don't see any issue with that, either.

 

The issue here is that they DROPPED THE BAG IN THE OCEAN. Every single item inside the bag AND the bag should be paid for. Carnival should make sure of this, as it was from their ship that the bag was being removed.

 

I really liked your response. No matter what was in the bag or how it was packed, the OP is owed reimbursement.

 

And per their acceptance of the cruise contracts they will get it...50 bucks.

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I have read this thread and it amazes me how our Country has become such a heavily contract law dependent group of people. The problem I see is that everyone suggesting the OP file a claim with insurance or with a credit card is forgetting one simple thing: honest accountability.

 

The only reason Carnival can get away with a measly $50.00 credit - and this doesn't even cover the cost of most luggage, let alone one decent pair of name brand shoes, is that everyone is deferring the problem to someone else.

 

It's good the OP is being referred to options to get reimbursed somehow but why are people accepting of the $50 contract luggage? What's next? A valet service putting fine print on the back of a valet ticket that states any damage to your vehicle is limited to $100? By accepting these stupid contractual clauses, we're only showing how stupid we are. Why in the world aren't more people writing Carnival to explain this isn't acceptable instead of just taking it quietly?

 

And just because their contract says the limit is $50.00, doesn't mean it's actually "legal" - otherwise more companies would do this - including airlines!

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I have read this thread and it amazes me how our Country has become such a heavily contract law dependent group of people. The problem I see is that everyone suggesting the OP file a claim with insurance or with a credit card is forgetting one simple thing: honest accountability.

 

The only reason Carnival can get away with a measly $50.00 credit - and this doesn't even cover the cost of most luggage, let alone one decent pair of name brand shoes, is that everyone is deferring the problem to someone else.

 

It's good the OP is being referred to options to get reimbursed somehow but why are people accepting of the $50 contract luggage? What's next? A valet service putting fine print on the back of a valet ticket that states any damage to your vehicle is limited to $100? By accepting these stupid contractual clauses, we're only showing how stupid we are. Why in the world aren't more people writing Carnival to explain this isn't acceptable instead of just taking it quietly?

 

And just because their contract says the limit is $50.00, doesn't mean it's actually "legal" - otherwise more companies would do this - including airlines!

 

I completely agree with you. I think it's really sad and i really hope for the OP's sake she get's somewhere. I hope she comes back and lets us know how it goes and what ends up happening. Although I'm sure it will be a long battle.

 

Honestly I agree with those of you who say it doesn't matter how or what she packed she needs to be reimbursed. No one expects their luggage to go to the bottom of the ocean. I pack liquor as well, but I also pad it and wrap it in clothing and also in a bag so that if it would break it's somewhat sealed. But i don't have any way of water proofing my luggage.

Seriously though, $50 wouldn't even being to cover one pair of shoes that I pack on my cruise. Little lone the clothes or anything else that I would have to replace. Not to mention, I typically purchase at least one new outfit or dress for the vacation. I do not blame the OP one bit for being upset.

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And just because their contract says the limit is $50.00, doesn't mean it's actually "legal" - otherwise more companies would do this - including airlines!

 

Yes it is! And, yes, other companies have the same lanuage in their contracts. Ethics are really not a part of this discussion. If the OP chooses to sue they can fly to Miami anytime they wish to do so and file a small claims law suit.

 

Oh, and how is a bottle of booze hurt by water. Can the OP prove that the sinking caused it damage. And the electronics...well that is just an assinine decision to put it into checked luggage...the OP must be very trusting of airline baggage checkers.

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I have read this thread and it amazes me how our Country has become such a heavily contract law dependent group of people. The problem I see is that everyone suggesting the OP file a claim with insurance or with a credit card is forgetting one simple thing: honest accountability.

 

The only reason Carnival can get away with a measly $50.00 credit - and this doesn't even cover the cost of most luggage, let alone one decent pair of name brand shoes, is that everyone is deferring the problem to someone else.

 

It's good the OP is being referred to options to get reimbursed somehow but why are people accepting of the $50 contract luggage? What's next? A valet service putting fine print on the back of a valet ticket that states any damage to your vehicle is limited to $100? By accepting these stupid contractual clauses, we're only showing how stupid we are. Why in the world aren't more people writing Carnival to explain this isn't acceptable instead of just taking it quietly?

 

And just because their contract says the limit is $50.00, doesn't mean it's actually "legal" - otherwise more companies would do this - including airlines!

 

Why aren't more people writing to Carnival to explain this isn't acceptable? Mostly because the same people are continuing to validate Carnival by giving them their money. If you don't like the way a company does business, the only really effective way to show that displeasure is to vote with your pocketbook.

 

And if the $50 limitation wasn't "legal" why has it remained in the ticket contract for many years, given the litigious society we live in here in the US? As I've stated in a previous post here, airlines are bound by the Warsaw Convention and the Montreal Convention, to which the US is signatory. Since the US is not signatory to the Athens Convention, there is no similar liability protection for cruise passengers.

 

And, once again, you will continue to have folks who think that the cruise line has the same liability as WalMart or Sears. This isn't so, since the cruise lines are not US corporations. While the cruise lines have agreed to allow certain US courts be the venue for litigation, that does not mean that they are placing themselves completely under US jurisdiction, only that the judge can determine how a US law applies to a foreign corporation.

 

Even the much lauded cruise "bill of rights" was voluntarily adopted by the cruise lines, regardless of whether the US Congress passed it or not. During the hearings, it was telling that one of the Senators asked the cruise lines' representatives if they would place themselves under US jurisdiction in regard to compensation levels. Note this well, a US lawmaker knows that the corporations do not fall under US law in many areas. There is a reason the companies incorporate overseas.

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Below is a post from a princess board cruiser that had a somewhat similar experience, except it occured prior to boarding. So they were able to secure some OBC.

 

 

Princess sent our claim to "Metro Cruise Services". These folks are the dock workers who were ultimately responsible for dropping luggage in the harbor. Just received letter from them that they are covered under the ship's passenger contract and thus only responsible for a maximum of $250/bag. Along with a copy of the 14 page contract, we received a check for $196.11 (way shy of the $500 maximum).

Now we are supposed to send to our homeowner's insurance (not gonna happen - we just had a large claim with them and don't want to stir the pot). I am going to send to Berkely and see what they will do.

So far for $700 in damages we have received $100 OBC and $196 cash:mad:.

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Below is a post from a princess board cruiser that had a somewhat similar experience, except it occured prior to boarding. So they were able to secure some OBC.

 

Ding, ding, ding, we have a winner. Notice that the monetary recompense was from the stevedores, not the cruise line. These are the folks the OP should be contacting for compensation. The OBC was, I'm sure, for the fact that it happened before the cruise.

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After claiming our luggage in Baltimore a few years ago I discovered the wheels of my luggage were broken and a big tire print was on the light colored cloth part. Obviously run over by the fork lift or something similar. Nothing inside was damaged. It was a $75. piece of luggage. I proceeded to the claims office in the terminal where a lady gave me some papers to fill out and send back once I got home. I took pictures of it with her in the picture as proof it didn't happen AFTER we left the teminal. She didn't like that but too bad. So I filled out paperwork and sent a picture of the damaged piece without the lady in the picture. Claim was denied!!! DUH. So I called them, claim still denied. So I sent them a picture of luggage with the lady in the picture. OH!! Whole different story. "Yes, we will compensate you, sorry."

 

It's been over 4 years and I am still waiting for the check. I have called and they say a check will be issued. Then a check has been issued. Then we can't find paperwork, are you sure you filed? Then sorry we will re-issue a check. Then oh thats not covered. etc. etc. etc. Obviously $75 wasn't worth filing a lawsuit over.

 

I have just given up after contacting them for about a year. And yes like an idiot I have given them my business 3 more times after that. We have carried our own luggage off the ship until last week when we couldn't maneuver luggage and a wheelchair. I heald my breath when our second piece didn't come around the carousel relatively close to the first piece. We waited a half hour at carousel 3. Finally a worker asked what we were waiting for. I whipped out my cell phone and showed her a picture of it and she found it on carousel 1. YIKES!!! At least it wasn't in the ocean.

 

So to the OP.....Good Luck!!!!

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The iPad was placed in their by accident by someone in our party, I understand that one.. But please explain where else glass bottles of tequila should be placed? They can't be in any carry on item, therefore checked luggage is the only placed allowed for it remain. If the tequila was the only things busted and ruined the item that is on me.. The fact that well over $1,500 of my belongings were ruined by the mishandling of my luggage, is not my fault. Passing the blame to someone else that is contracted through them is just an excuse.

 

I am looking for assistance in how to handle my issue, not be ridiculed for how the bags were packed which played NO PART in how all items were destroyed.

 

You carry your alcohol off the ship then when you get to the airport you pack it in your suitcase before giving it to the airline for check in. Luggage is INTENTIONALLY being dumped by the longshoremen. We had this same issue in San Francisco. Also, things went missing from suitcases as well. I'm going to start looking for land vacations, this willy nilly employee port behavior is sickening. I refuse to be held hostage by overpaid people who are worthless.

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Fifty dollars does seem rather low. I guess this is another lesson on why you should have travel insurance.

 

The company basically has two ways to deal with baggage:

 

1. keep reimbursement low, keep impact on ticket price low, and offer insurance for those that want more coverage (basically what they do now)

 

2. Put a high level of reimbursement, put the revenue impact into the ticket price

 

I think most people would prefer 1.

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I have read this thread and it amazes me how our Country has become such a heavily contract law dependent group of people. The problem I see is that everyone suggesting the OP file a claim with insurance or with a credit card is forgetting one simple thing: honest accountability.

 

The only reason Carnival can get away with a measly $50.00 credit - and this doesn't even cover the cost of most luggage, let alone one decent pair of name brand shoes, is that everyone is deferring the problem to someone else.

 

It's good the OP is being referred to options to get reimbursed somehow but why are people accepting of the $50 contract luggage? What's next? A valet service putting fine print on the back of a valet ticket that states any damage to your vehicle is limited to $100? By accepting these stupid contractual clauses, we're only showing how stupid we are. Why in the world aren't more people writing Carnival to explain this isn't acceptable instead of just taking it quietly?

 

And just because their contract says the limit is $50.00, doesn't mean it's actually "legal" - otherwise more companies would do this - including airlines!

 

Airlines are covered by US and international law and their limits are at that level (by the way have to tried to collect from an airline lately for lost luggage, it is hard just to get them to refund the luggage fees when the bags are lost)

 

Check the language on most hotel tags when you have them hold language.

 

 

Thus the reason for having insurance of some kind.

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Below is a post from a princess board cruiser that had a somewhat similar experience, except it occured prior to boarding. So they were able to secure some OBC.

 

Yep, you are much more likely to get something above and beyond the contract level on board ship then later on dealing with Corporate. The folks on the ship have face to face contact with the passengers and within their limits of authority more willing to try and help out in a bad situation.

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The cruise contract is what the cruise contract is. It is the terms of the agreement between the cruiser and the cruise line. If you don't agree with the contract than don't check the "agree" box when doing your check-in. If you do check the box don't be shocked when the line decides to act in accordance with the contract. It's that simple. Contract law is pretty cut and dried.

Edited by travler27
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I don't have much faith that Carnival is going to change their legally binding contract since such contracts more or less are the same for other cruise lines and travel carriers. I think Carnival is incorporated in Panama. Please correct me if I am mistaken. These large corporations move out of the country in order to evade regulations and make greater profits. Sadly, I think the world is going to be ultimately run by corporations and big business

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I don't have much faith that Carnival is going to change their legally binding contract since such contracts more or less are the same for other cruise lines and travel carriers. I think Carnival is incorporated in Panama. Please correct me if I am mistaken. These large corporations move out of the country in order to evade regulations and make greater profits. Sadly, I think the world is going to be ultimately run by corporations and big business

 

Carnival's luggage liability restrictions aren't that much different from all the US based airlines and other US based travel business's. I don't think they flag their ships in Panama to avoid $500 in luggage liability. :rolleyes:

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