Are cruise contracts legal and binding ?

[sail7seas]

If a deal sounds way too good to be true, it usually is. :D

 

[travellady09]

It is a stretch to call a telephoned order for a cruise (at an almost unbelievably low price) to be a legal and binding "contract"; especially when you were notified the next day that there was an error involved - and where you yourself had reason to think there must have been a mistake.

 

If you think you have a case, get a lawyer and pursue it -- but I doubt any attorney would proceed on a contingency basis.

 

I was referring to the receipt/contract they emailed to me as being binding.

Not just the phone call.

:)

D

[travellady09]

http://www.royalcaribbean.com/legal.do?cS=MFTR#2 (emphasis mine):

 

 

 

So even if you are successful in arguing that you have a binding contract, the language of the contract (implicitly agreed to by you simply by acknowledging you have visited the website) allows the contract to be unilaterally cancelled by RCI. Meaning you have to find a way to hold them liable outside of contract law, since if you prove you have a binding contract you are bound by the language in the contract that makes it not binding.

 

You only move may be to claim that you never saw the price on the website, simply randomly called the cruise line to inquire and decided to book on the spot. (Which of course would be perjury given the tape of your conversation has surely been archived).

 

Yes you are correct. There would be no reason to try and falsify any of the facts on my part.

The only harm done is that they have disappointed a long time customer.

They really need to take this as a training opportunity for their agents. :)

 

Dee

[travellady09]

Whatever works for each of us.

 

It's all the same to me what someone else wishes to do.

As long as I can look in the mirror, that is as far is it matters to me.

 

 

I have no problem looking in the mirror...I did nothing wrong.

I called, I verified, I was ASSURED by their agent it was a valid price...

 

As far as I am concerned I made a legit purchase.

Who's to say they didn't have alot of excess rooms and they wanted to try and fill them quickly. There is never any rhyme or reason to their pricing on any given day. No one can make sense of what they charge and why. It's all revenue based, and the average customer does not know what those trips cost them so how would we know what is a decent price versus a crazy price. I've never purchased a cruise tour before.

 

Even if it seems unrealistic to the buyer, if they are selling it , the consumer has the right to purchase it. IMHO

Edited November 14, 2015 by travellady09

[sail7seas]

We're going around in circles and saying the same thing over and over. :)

 

I'll agree to disagree with you but to be agreeable. :)

 

Edited November 14, 2015 by sail7seas

[broberts]

One can justify most anything if they want to badly enough.

 

People are human and make mistakes. Data entry operators hit wrong keys.

Who of us is mistake free?

For ME, it is not okay to leap in and grab when an error has been made but as I wrote above, each of us decides for ourselves.

 

We all know our own moral compass.

 

 

There are procedures that can be put in place to catch and correct data entry/operator errors. Many companies use them, especially where money is involved. The simple fact is that this cruise line has elected not to implement procedures sufficient to prevent some pricing errors. Further, it has not bothered to train sales agents to recognize potential pricing errors and take appropriate action.

 

It gets tiresome always forgiving mistakes made in the pursuit of higher profits when the same courtesy is not returned.

[Keith1010]

I would read the contract.

 

Keith

[chengkp75]

I would read the contract.

 

Keith

 

Yes, fishywood's post #20 should end this discussion. Nothing more to say.

[navybankerteacher]

I was referring to the receipt/contract they emailed to me as being binding.

Not just the phone call.

:)

D

 

A receipt is a receipt, and not a contract. If the receipt referred to the terms of a "contract" - the terms of which would surely have been made available to you - are you certain that there were no escape clauses which would have permitted the line to cancel/modify the arrangement?

 

Contracts are generally binding - but only in accordance with their terms, and not simply to the extent a potential customer might want them to be.

[loubetti]

The cruise lines can afford the lawyers who write the contacts, that cover EVERY base, and you can be always certain that the contract is in the cruise line's favor.

 

Hate to say it, but move on.

[travellady09]

There are procedures that can be put in place to catch and correct data entry/operator errors. Many companies use them, especially where money is involved. The simple fact is that this cruise line has elected not to implement procedures sufficient to prevent some pricing errors. Further, it has not bothered to train sales agents to recognize potential pricing errors and take appropriate action.

 

It gets tiresome always forgiving mistakes made in the pursuit of higher profits when the same courtesy is not returned.

 

Thank you! Good point!

[travellady09]

The cruise lines can afford the lawyers who write the contacts, that cover EVERY base, and you can be always certain that the contract is in the cruise line's favor.

 

Hate to say it, but move on.

 

Thank you Lou, I agree.

[travellady09]

Thank you everyone for your input. It was clearly an enlightening discussion and lots of clear facts brought up.

 

I appreciate it.

Dee

[electro]

I would try to escalate within the cruise line.

Ask to speak to a supervisor, and if that doesn't work go higher until you get to someone who is willing to work with you and has the authority to do so.

 

You paid them money in good faith that they would honor what was promised and if they can't/ won't honor the price, they should do something to restore good faith.

 

Lois

[travellady09]

I would try to escalate within the cruise line.

Ask to speak to a supervisor, and if that doesn't work go higher until you get to someone who is willing to work with you and has the authority to do so.

 

You paid them money in good faith that they would honor what was promised and if they can't/ won't honor the price, they should do something to restore good faith.

 

Lois

 

Thank you Lois.

D

[candycaramel]

If there was just one cabin booked with the mistaken fare, you might have gotten the deal.

 

Unfortunately, a great number of folks probably booked the erroneous deal (many more than you and your friends) and the cruise line can't afford to give away however many cruises that were sold.

[sloopsailor]

This post clearly shows that many people have lost their moral compass. A mistake was made in someones favor, and of course they want the mistake honored. But, would they honor the mistake if it was they who accidentally paid too much for the cruise? Would they honor their mistake and let the cruise line keep the extra money paid?

 

Heck no! Would never happen. Not a chance that they would not honor their own mistake. But they sure are adamant that the other party honor theirs. :rolleyes:

Edited November 14, 2015 by sloopsailor

[navybankerteacher]

This post clearly shows that many people have lost their moral compass. A mistake was made in someones favor, and of course they want the mistake honored. But, would they honor the mistake if it was they who accidentally paid too much for the cruise? Would they honor their mistake and let the cruise line keep the extra money paid?

 

Heck no! Would never happen. Not a chance that they would not honor their own mistake. But they sure are adamant that the other party honor theirs. :rolleyes:

 

Good point - these sites are full of posts from people who gladly booked a cruise at an agreed price and then cry that they are being cheated if they learn of someone later getting comparable accomodations at a lower price and having the line refuse their request for a price reduction or a credit.

[CruisingAlong4Now]

Moral compass aside, contracts are be binding subject to the terms of the contract.

 

However, there are two major parts for a contracts legal case. First you must demonstrate that the other party "broke" the contract. Secondly, you must demonstrate and quantify your damages.

 

If you feel that the cruise company has broken the contract, please demonstrate your damages.

 

You are disappointed, sure. But do you have damages. Did you book nonrefundable airfare? Did you book nonrefundable hotel rooms? So how exactly have you been harmed?

[CruisingAlong4Now]

In a case like this the cruise line basically says pay up or get your money back -in this case by cancelling the cruise, instead of paying, the only loss would be the loss of an enjoyable vacation at a great rate.

What would of happened if the customer after booking the great rate, then turned around and bought air fare only to find out there had been the pricing error. In that case they would have to pay the $5,800 or loose the air fare.

 

But the OP did not book the airfare yet. So there has been no harm done.

[sail7seas]

There are procedures that can be put in place to catch and correct data entry/operator errors. Many companies use them, especially where money is involved. The simple fact is that this cruise line has elected not to implement procedures sufficient to prevent some pricing errors. Further, it has not bothered to train sales agents to recognize potential pricing errors and take appropriate action.

 

It gets tiresome always forgiving mistakes made in the pursuit of higher profits when the same courtesy is not returned.

 

 

 

Thank you! Good point!

 

 

 

Can you name a single person or business that is perfect?

Of course, not. Mistakes happen and we all make them.

 

[sail7seas]

I would try to escalate within the cruise line.

Ask to speak to a supervisor, and if that doesn't work go higher until you get to someone who is willing to work with you and has the authority to do so.

 

You paid them money in good faith that they would honor what was promised and if they can't/ won't honor the price, they should do something to restore good faith.

 

Lois

 

Was it good faith?

 

Did the OP see a price she knew was way out of line and jumped all over it. Did OP not, at any point, speculate this could be an error,

a typo, a data entry error?

 

Edited November 14, 2015 by sail7seas

[broberts]

Can you name a single person or business that is perfect?

Of course, not. Mistakes happen and we all make them.

 

 

Of course not. Mistakes do happen. However, a company is not a single person. It has the resources necessary to catch and correct mistakes before they affect customers.

 

I will pose a question in return. How often has a company forgiven a mistake you made with it without penalty or interest?

[sail7seas]

I can name three companies that made exception for me when I faced circumstances shortly after my DH's passing. Airlines gave me a year to use air tickets, companies made refunds they were not required and they acted in very humane manner.

 

Only one was difficult to deal with but in the end, they 'came around'.

 

[electro]

Was it good faith?

 

Did the OP see a price she knew was way out of line and jumped all over it. Did OP not, at any point, speculate this could be an error,

a typo, a data entry error?

 

 

According to the OP, She did question the price was told by the cruise line representative that it was correct.

the cruise line then allowed her to book at that price and took her deposit.

 

Was she supposed to tell him he was wrong, and the website was wrong and that she knows better than the cruise line and it's employee and she wants to pay more than what is advertise and what was confirmed by said employee?:rolleyes:

 

Ask anyone who has made an error by forgetting to pay by final payment how forgiving the cruise lines are when the customer makes an error.

 

The company has all the power in a contract and the consumer has very little, that is why the onus is on the company to honor what they offer even if is their mistake.

 

Lois