Are cruise contracts legal and binding ?

[electro]

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'.

 

 

Your DH passing is not a mistake made by you. Not the same thing. (I'm sorry for your loss)

 

Lois

[sail7seas]

Your DH passing is not a mistake made by you. Not the same thing. (I'm sorry for your loss)

 

Lois

 

I think you get the point.

These companies were not obliged to issue refunds, extend useful date for air tickets and other considerations yet they did. Your implication is that most companies will always grab whatever money they can with no consideration to the customer. It is not always the case though admittedly there are some.

 

[travellady09]

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?

 

 

You are trying to make your point that I did something wrong. As I posted previously,

I called, I verified, I was ASSURED by the company that this was indeed a real fare, so I booked.

I would bet $50 bucks YOU would have done the same thing under the circumstances and never looked back!

 

You can go polish your halo now!

D

[OzKiwiJJ]

Something very similar happened a couple of months ago with a Carnival Australia cruise. Carnival made a serious mistake in the listed price for a solo balcony cabin category. Around $430 instead of $4530 - or something like that - for a popular 7 day Melbourne Cup cruise ex Sydney in November 2016. Quite a few people secured bookings, some couples booked a cabin each since the price was only for solos. Last I heard Carnival Australia had honoured all confirmed bookings at that price.

Edited November 15, 2015 by OzKiwiJJ

[navybankerteacher]

You are trying to make your point that I did something wrong. As I posted previously,

I called, I verified, I was ASSURED by the company that this was indeed a real fare, so I booked.

I would bet $50 bucks YOU would have done the same thing under the circumstances and never looked back!

 

You can go polish your halo now!

D

 

You were speaking with a very junior representative of the line who was obviously quoting from material (which you acknowledge seemed mistaken)provided him/her - and who had no authority to depart from it.

 

A day later your doubts were confirmed -- do you really expect the line to give up some $5,800 (to each of possibly hundreds of booking passengers) because of a quickly recognized, and corrected, error.?

 

You were "ASSURED" by a clerical employee - not by the company.

 

Sorry that your 24 hours of unrealistic hopes went unfulfilled -but that's life.

 

There does not seem to be anything resembling a "contract" involved.

 

Please give up the snotty "halo" reference.

[iheartbda]

You are trying to make your point that I did something wrong. As I posted previously,

I called, I verified, I was ASSURED by the company that this was indeed a real fare, so I booked.

I would bet $50 bucks YOU would have done the same thing under the circumstances and never looked back!

 

You can go polish your halo now!

D

 

I'll take your $50 and raise you 50 that Sail7seas wouldn't.

[travellady09]

You were speaking with a very junior representative of the line who was obviously quoting from material (which you acknowledge seemed mistaken)provided him/her - and who had no authority to depart from it.

 

A day later your doubts were confirmed -- do you really expect the line to give up some $5,800 (to each of possibly hundreds of booking passengers) because of a quickly recognized, and corrected, error.?

 

You were "ASSURED" by a clerical employee - not by the company.

 

Sorry that your 24 hours of unrealistic hopes went unfulfilled -but that's life.

 

There does not seem to be anything resembling a "contract" involved.

 

Please give up the snotty "halo" reference.

 

In my opinion and as a person who worked for a major corporation for 30 years, it does not matter what "junior level" the agent was. He represents the company and the company should either monitor him more closely if he is not doing his job correctly, give him more training or take care of any customers he doesn't handle correctly after the fact.

 

Your receipt is your contract to purchase, hence a contract. If you purchase a cruise they send you a PDF of the contract.

****************************************************

Cruise/Cruisetour Ticket Contract

IMPORTANT NOTICE TO GUESTS

YOUR CRUISE/CRUISETOUR TICKET CONTRACT CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF PASSENGERS. IT IS IMPORTANT

THAT YOU CAREFULLY READ ALL TERMS OF THIS CONTRACT, PAYING PARTICULAR ATTENTION TO SECTION 3 AND SECTIONS 9

THROUGH 11, WHICH LIMIT OUR LIABILITY AND YOUR RIGHT TO SUE, AND RETAIN IT FOR FUTURE REFERENCE.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION FOR CERTAIN DISPUTES AND WAIVES ANY RIGHT TO TRIAL BY JURY TO

RESOLVE THOSE DISPUTES. PLEASE READ SECTION 10 BELOW.

1. INTRODUCTION:

This Cruise/CruiseTour Ticket Contract (the 'Ticket Contract') describes the terms and conditions that will apply to the relationship between the

Passenger (as defined in Section 2.f below) and the Carrier (as defined in Section 2.b below) for the Vessel with respect to the Cruise or CruiseTour

covered by this Agreement. Except as otherwise expressly provided herein, this Agreement supersedes any other written or oral representations or

agreements relating to the subject matter of this Agreement or the Cruise or the CruiseTour but excluding the terms of the Cruise Lines International

Association (“CLIA”) Passenger Bill of Rights that the Vessel’s Operator has adopted as a requirement of being a member of CLIA. In the event of a

direct conflict between a provision of this Ticket Contract and a provision of the CLIA Passenger Bill of Rights in effect at the time of booking (the “CLIA

Passenger Bill of Rights”), the CLIA Passenger Bill of Rights controls.

Purchase or use of this Ticket Contract, whether or not signed by the Passenger, shall constitute the agreement by Passenger, on behalf of himself and

all other persons traveling under this Ticket Contract (including any accompanying minors or other persons for whom the Ticket Contract was

purchased), to be bound by the terms and conditions of this Ticket Contract. This Ticket Contract cannot be modified except in a writing signed by a

corporate officer of Operator. In addition, Guest acknowledges the availability of and Guest agrees to abide by the terms and conditions, including but

not limited to certain payment terms such as minimum deposit requirements and payment due dates, which appear in the applicable Carrier brochure or

online at http://www.RoyalCaribbean.com. In the event of any conflict between such other brochure or website materials and this Ticket Contract, the terms of

this Ticket Contract shall prevail.

2. DEFINITIONS:

a) 'Agreement' or 'Contract' means the terms and conditions set forth in this Ticket Contract together with the Cruise or CruiseTour Fare due for Your

Cruise or CruiseTour. Together, the items described in the preceding sentence shall constitute an agreement between Passenger and Operator for the

Cruise or CruiseTour.

Edited November 15, 2015 by travellady09

[broberts]

You were speaking with a very junior representative of the line who was obviously quoting from material (which you acknowledge seemed mistaken)provided him/her - and who had no authority to depart from it.

 

A day later your doubts were confirmed -- do you really expect the line to give up some $5,800 (to each of possibly hundreds of booking passengers) because of a quickly recognized, and corrected, error.?

 

You were "ASSURED" by a clerical employee - not by the company.

 

Sorry that your 24 hours of unrealistic hopes went unfulfilled -but that's life.

 

There does not seem to be anything resembling a "contract" involved.

 

Please give up the snotty "halo" reference.

 

I wonder how this poster knows the status and authority of the person who made the booking for OP.

 

I would dispute the claim that the "error" was quickly detected and corrected. Certainly it was not detected before a confirmation was issued. In fact it was not detected until the following day.

 

But even if the status claim is accurate, it seems to me that the person is authorized to make five figure agreements with customers. If their employer does not train them to recognize mistakes and does not allow them any leeway in deviating from published material, surely it is the fault of the cruise company when mistakes are made. Not the fault of the customer who made a good faith agreement.

 

Had the paperwork sent the OP clearly said "subject to review and approval ..." there would be no expectation that the agreed upon price was final. I suspect that had the paperwork said that, the OP would not have been made.

 

Had the company called and said they were sorry but a serious error had been made by them and they could not honor the booking as is. Then offered a significant discount on the difference, I might have some sympathy. But this company elected not to properly train its sales agents. Elected not to implement rigorous data entry checks and procedures. Elected to essentially hold the customer responsible for the company's error.

[travellady09]

I wonder how this poster knows the status and authority of the person who made the booking for OP.

 

I would dispute the claim that the "error" was quickly detected and corrected. Certainly it was not detected before a confirmation was issued. In fact it was not detected until the following day.

 

But even if the status claim is accurate, it seems to me that the person is authorized to make five figure agreements with customers. If their employer does not train them to recognize mistakes and does not allow them any leeway in deviating from published material, surely it is the fault of the cruise company when mistakes are made. Not the fault of the customer who made a good faith agreement.

 

Had the paperwork sent the OP clearly said "subject to review and approval ..." there would be no expectation that the agreed upon price was final. I suspect that had the paperwork said that, the OP would not have been made.

 

Had the company called and said they were sorry but a serious error had been made by them and they could not honor the booking as is. Then offered a significant discount on the difference, I might have some sympathy. But this company elected not to properly train its sales agents. Elected not to implement rigorous data entry checks and procedures. Elected to essentially hold the customer responsible for the company's error.

 

Thank you.

[travellady09]

I'll take your $50 and raise you 50 that Sail7seas wouldn't.

 

I'd bet that if she called to reserve her Penthouse suite and was told it is only 7,000 today and not the usual $10,000...she would thank them and book it. Why would she volunteer to pay more if she was told it was less. That would be insane!

[Lily815]

Actually , I don't feel I am cheating them...I worked for a major corporation for 30 years and if we made a mistake, we made it right for the customer. It's not fair or just for a major corporation to sell something one day and then come back the next day and tell you that you have to pay more money because of an error on their part.

That would be like making a great deal on a car and then the sales person telling you to pay another thousand dollars before you could pick it up.

 

I'm not a greedy person, but I verified it with their agent before booking it. He stood by the website price. That's not the consumer's fault.

 

It's not my intention to sue anyone....I would much rather the company accept their error and do right by the customer. :)

 

I agree with you. The right thing to do on their part is to honor the agreement.

[travellady09]

I agree with you. The right thing to do on their part is to honor the agreement.

 

Thank you.

[sail7seas]

I'll take your $50 and raise you 50 that Sail7seas wouldn't.

 

 

Thank you. :) You would win that bet. I have hung around these CC forums for a very long time and never knowingly posted a single thing I did not think to be true at the time I posted it.

 

I am no saint and certainly not perfect (as I mentioned earlier in this thread, no one is perfect) but what I know to be wrong I don't want. I could not enjoy myself on the bargain I 'snagged' from some poorly trained, ill-experienced, low level telephone rep who could lose his/her job because of my greed. If I don't pay for it what I know is a reasonable price, I don't want it. There was nothing reasonable about thinking that price was not a mistake, IMO.

 

 

 

I'd bet that if she called to reserve her Penthouse suite and was told it is only 7,000 today and not the usual $10,000...she would thank them and book it. Why would she volunteer to pay more if she was told it was less. That would be insane!

 

 

 

:) Pay up. You lost that bet. ;)

 

Years ago, my late DH and I were flying transatlantic first class. In those days, I usually traveled in a dress. The flight attendant came to me just before take off and was holding a two piece slack and sweater set with the airline logo very discreetly on the bodice. She suggested I change into it and she would hang my dress to return to me when we were arriving at our destination. I love that suit and it fit me perfectly. DH loved what it looked like on me..... cashmere, no less. :) When I changed into my dress, I neatly folded it and tried to hand it to the flight attendant. She ignored me but 'sort of' winked. When she passed the next time, I again tried to give it to her. She said, it looks so nice on you, keep it. I thanked her and insisted it be returned. DH just smiled.

 

It was not hers to give and I did not want to take something from her that she had no right to give away.

 

Laugh if you will but that is who I am.

 

Edited November 15, 2015 by sail7seas

[navybankerteacher]

In my opinion and as a person who worked for a major corporation for 30 years, it does not matter what "junior level" the agent was. He represents the company and the company should either monitor him more closely if he is not doing his job correctly, give him more training or take care of any customers he doesn't handle correctly after the fact.

 

Your receipt is your contract to purchase, hence a contract. If you purchase a cruise they send you a PDF of the contract.

****************************************************

/QUOTE]

 

A receipt is confirmation of described payment - it is not a contract --- please stop making that absurd contention. Unless the full price has been paid it is unlikely that full terms of any contract could apply.

 

Did OP pay full price, or simply agree upon quoted price and pay initial deposit?

 

If OP cancelled plans before final payment was made would he/she still pay the balance due even with no intention of cruising? If not, why not?

 

There have been numerous cases where a depositor at a bank receives notification of a much larger balance than the correct one - as a result of a

misposting - and even after withdrawing the excess funds was required to return the excess funds. Mistakes are made, and corrections are made - sometimes the next day, sometimes weeks or months later.

 

Of course it would feel good to profit from someone else's error -- but if OP mistakenly wrote a check for $1,000 rather than $100 would OP not seek to get the excess back?

 

The mindless sense of entitlement to profit from the errors of others being expressed on this site is discouraging.

[travellady09]

Thank you. :) You would win that bet. I have hung around these CC forums for a very long time and never knowingly posted a single thing I did not think to be true at the time I posted it.

 

I am no saint and certainly not perfect (as I mentioned earlier in this thread, no one is perfect) but what I know to be wrong I don't want. I could not enjoy myself on the bargain I 'snagged' from some poorly trained, ill-experienced, low level telephone rep who could lose his/her job because of my greed. If I don't pay for it what I know is a reasonable price, I don't want it. There was nothing reasonable about thinking that price was not a mistake, IMO.

 

 

 

 

 

 

 

:) Pay up. You lost that bet. ;)

 

Years ago, my late DH and I were flying transatlantic first class. In those days, I usually traveled in a dress. The flight attendant came to me just before take off and was holding a two piece slack and sweater set with the airline logo very discreetly on the bodice. She suggested I change into it and she would hang my dress to return to me when we were arriving at our destination. I love that suit and it fit me perfectly. DH loved what it looked like on me..... cashmere, no less. :) When I changed into my dress, I neatly folded it and tried to hand it to the flight attendant. She ignored me but 'sort of' winked. When she passed the next time, I again tried to give it to her. She said, it looks so nice on you, keep it. I thanked her and insisted it be returned. DH just smiled.

 

It was not hers to give and I did not want to take something from her that she had no right to give away.

 

Laugh if you will but that is who I am.

 

 

 

Why on earth would you need to change your clothes?

And why would a stewardess even be so bold as to suggest you NEEDED to change your clothes?

I would never admit that story to anyone....just sayin'

[travellady09]

In my opinion and as a person who worked for a major corporation for 30 years, it does not matter what "junior level" the agent was. He represents the company and the company should either monitor him more closely if he is not doing his job correctly, give him more training or take care of any customers he doesn't handle correctly after the fact.

 

Your receipt is your contract to purchase, hence a contract. If you purchase a cruise they send you a PDF of the contract.

****************************************************

/QUOTE]

 

A receipt is confirmation of described payment - it is not a contract --- please stop making that absurd contention. Unless the full price has been paid it is unlikely that full terms of any contract could apply.

 

Did OP pay full price, or simply agree upon quoted price and pay initial deposit?

 

If OP cancelled plans before final payment was made would he/she still pay the balance due even with no intention of cruising? If not, why not?

 

There have been numerous cases where a depositor at a bank receives notification of a much larger balance than the correct one - as a result of a

misposting - and even after withdrawing the excess funds was required to return the excess funds. Mistakes are made, and corrections are made - sometimes the next day, sometimes weeks or months later.

 

Of course it would feel good to profit from someone else's error -- but if OP mistakenly wrote a check for $1,000 rather than $100 would OP not seek to get the excess back?

 

The mindless sense of entitlement to profit from the errors of others being expressed on this site is discouraging.

 

OP here-

Let me assure you I do not steal! Which is what you are insinuating.

And our bank did in fact make a $3,000.00 error in my favor last year and I immediately called them and brought it to their attention.

I think this simple question posted here has evolved into a battle of slanderous accusations. Your comments and sail7seas are close to harassment at this point.

If you cannot contribute in a constructive manner...Please take your nasty comments to some other thread....

thank you

[iheartbda]

Not sure any contract was actually entered into simply by putting down a deposit. If the "deflated" fare had actually been accepted and charged, the cruise line could have possibly cited unjust enrichment where one party profits at the expense of another. Varies by states but it refers to benefits, (super cheap cruise in this case), that are received, passively, accidentally, or by mistake.

[Pops, Esq.]

Not sure any contract was actually entered into simply by putting down a deposit. If the "deflated" fare had actually been accepted and charged, the cruise line could have possibly cited unjust enrichment where one party profits at the expense of another. Varies by states but it refers to benefits, (super cheap cruise in this case), that are received, passively, accidentally, or by mistake.

 

 

Unjust enrichment would not apply in this situation as it would require fraud or deceit on the part of the buyer.

 

However, to answer the OP's question, yes, a contract is created when you book a cruise (for those who want to say otherwise, just try to get out of a cruise and get all your money back three weeks after you book). But, your legally binding contract is subject to its terms. The terms pretty clearly state that the cruise line can get out of the contract, as has been pointed out at least twice in this thread.

 

As far as the agent being so "lowly" as to not be able to bind the company, that's not true. By the very nature of the position, a sales representative has the authority to enter into a contract with the passenger. That's what they do. But again, the contract they entered into has an escape clause for pricing mistakes.

 

This has nothing to do, really, with advertised pricing being "not available" when you go to purchase. The price was charged(albeit erroneously) as advertised.

 

As far as shaming the OP for some sort of moral transgression, I don't see that here. OP merely sought opinions about whether anyone thought she could hold the cruise line to the deal they gave her (by mistake). The shame-on-you responses where a tad bit paternalistic.

 

If the escape clause did not exist, OP would have a good argument that a contract had been created (by the purchase, not by the phone call). A unilateral mistake does not void the contract. A mutual mistake, however, does. The OP probably got past the "mutual mistake" by asking questions. S/he didn't have knowledge that the pricing was wrong. Therefore, s/he had no knowledge of the mistake.

 

Bottom line, the OP and the cruise line have a fully binding contract, based in the sale that was made.m that contract, however, gives the cruise line the right to void the contract for a pricing mistake. There is not much the OP can do to change that. In my opinion. Your opinion may differ. That's cool. Doesn't bother me any.

[OzKiwiJJ]

Why on earth would you need to change your clothes?

And why would a stewardess even be so bold as to suggest you NEEDED to change your clothes?

I would never admit that story to anyone....just sayin'

 

These days it's quite common for travellers in first class, and sometimes business class, to be offered what the airlines call sleep suits - comfortable light track-suit pants and matching top. Furthermore you are expected to keep them if you wish. I now have three lovely pairs of Givenchy track pants courtesy of Singapore Airlines, some Virgin Australian pants, plus numerous pairs of lighter pants from Qantas. The tops don't suit me although I did keep one of the Givenchy ones.

 

The idea is to stop your good clothes from getting creased and crumpled during your flight so that you can arrive looking fresh.

[babs135]

Interesting thread. Not sure how it would work here in the UK so won't offer any advice.

 

Just wanted to say that a few years ago we had just returned from a land holiday to Australia and whilst reading the newspaper I saw an ad for a cruise round the bottom half of Australia and across to New Zealand, flights to and from Sydney included. Having just paid for air tickets a few months earlier I was convinced that the price quoted had to be wrong and because I was curious, we rang the firm and asked if it was correct and did it include the flights. Guess what, it was right and you know the next part of the sentence; we booked the cruise and had a fantastic time. :D

 

Having said that, I don't know what we would have done had the ta rung back after we had booked and said the price quoted was wrong.

 

OP, do you have any friends who are lawyers who could give you advice?

[sparks1093]

Nope. By law an advertisement is nothing more than a solicitation for you to inquire of the merchant. Nowhere does the law state that any statements made in the advertisement are automatically included in the terms of the purchase once one is made. You can argue that once you made a deposit or payment to the agent that a binding contract was executed, but RCI can easily claim that because said contract contains an egregious error (the price being off by $5800) that it is void.

 

This about sums it up. About the only thing you can do is request that they cancel the cruise and refund your money, I do not see a way to force them to honor the erroneous price. (I have not read through all of the replies so it is possible someone is seeing something that I am not.)

[chengkp75]

Without any moral judgements about either the OP or the cruise line, again I say that this discussion should be over, from a legal standpoint.

 

The OP feels that there exists a contract between herself and the cruise line, and wants to know if it is binding. Let's stipulate that this is the case.

 

The OP in post #57 partially quotes the ticket contract, so she is using this as a basis for reasoning that a contract exists.

 

Now, fishywood, in post #14 quotes the clause in the contract the OP is requesting to be binding that says the customer knows that the cruise line will not be held responsible for mistakes in advertising or pricing.

 

Next, as CruisingAlong4Ever posts in #44, that no damages were incurred if the contract was in fact broken.

 

Finally, kbanowsky in #68 reiterates that the contract contains a clause regarding errors in pricing.

 

What does this all mean? Several posters have said that "the right thing to do" would be to honor the price. While that may be a good PR move, that is not the same as the "right" thing.

 

Contracts exist to protect both parties involved, not just one. The "right" thing is for the OP to acknowledge that she has just as much obligation to abide by the terms of the contract as the cruise line, and move on from this. The fact that the OP obviously did not read the contract fully, in no way obviates her from adhering to the terms of said contract. The cruise line exercised a right under the contract, albeit a right the OP did not know existed, so there is no failure of the contract.

 

The OP wants the contract to be binding in her benefit, but not binding to the cruise line's benefit. I seriously doubt the cruise line will take any administrative action to redress the OP's complaint, since there was no breach of contract, and I also doubt that any contract law firm would come anywhere near this, again since there is no breach of contract, and no damages.

 

So, short answer to OP's original question is, yes, they are legal and binding, and the cruise line executed a clause in that contract that you were not aware of.

Edited November 15, 2015 by chengkp75

[capriccio]

Why on earth would you need to change your clothes?

And why would a stewardess even be so bold as to suggest you NEEDED to change your clothes?

I would never admit that story to anyone....just sayin'

 

Well I know that around a decade ago my DH was on a flight (business class I think but might have been first class) from Washington DC to London on Virgin Atlantic (not his usual airline). When he boarded they handed him a new pair of Pajamas (not cashmere :D but his to keep). Almost everyone changed into them since they were much more comfortable to sleep in. They also provided 'free' pickup in a town car if you were within 50 miles of the airport. I have no idea if Virgin still does that but he was impressed!

[navybankerteacher]

Why on earth would you need to change your clothes?

And why would a stewardess even be so bold as to suggest you NEEDED to change your clothes?

I would never admit that story to anyone....just sayin'

 

One of the plusses of flying first class is getting a seat which converts to a bed - and an accompanying service is being given something to sleep in so your clothes do no wind up looking as though you had slept in them. It is not bold for a flight attendant to offer passengers such items - merely part of the service.