Thorben-Hendrik Posted July 29, 2016 Author #101 Share Posted July 29, 2016 Really wonder they can get away with those terms and conditions... Does anybody know if these unfair T+C were ever been chalenged in court? In the EU they would defenetly not hold up in a court as they are greatly unfair onesided!:mad: Still hoping they will do the right thing and protect us in a decent way.... Link to comment Share on other sites More sharing options...
Biker19 Posted July 29, 2016 #102 Share Posted July 29, 2016 The grass is not always greener. Link to comment Share on other sites More sharing options...
Thorben-Hendrik Posted July 29, 2016 Author #103 Share Posted July 29, 2016 Lets see it all might work out anyway - not really wanting a fight - but then if this really kills my vacation - it might have to be. Link to comment Share on other sites More sharing options...
Laney219 Posted July 29, 2016 #104 Share Posted July 29, 2016 Really wonder they can get away with those terms and conditions...Does anybody know if these unfair T+C were ever been chalenged in court? In the EU they would defenetly not hold up in a court as they are greatly unfair onesided!:mad: Still hoping they will do the right thing and protect us in a decent way.... Unfair or not, you agreed to them. Link to comment Share on other sites More sharing options...
Thorben-Hendrik Posted July 29, 2016 Author #105 Share Posted July 29, 2016 (edited) That is not the point....if they are illegal - they are illegal. Not even sure if they can get away with "cancelling" as they are not cancelling but selling my room to somebody else to make more money. Also the T+C do not cover release to the collateral damage they do to me - if they do not offer a valid solution to protect me - when they break the contract that we both signed. Many T+C will not hold in a court - these would not be the first ones- that is why I wonder if anybody ever challenged them? Also note this is NOT a force major like a ship broke down or they could not repair as planed due to circumstances - this is purely - they sell my room for more money to the ZUMBA people and kick me out.....a judge might also feel this is not just for them to break the contract on such a ground! The cruise is not cancelled at all.....they are just selling it differently.... Again the question will only arise - IF they do not offer a capable solution to satisfy both sides.... Edited July 29, 2016 by germanfflyer Link to comment Share on other sites More sharing options...
Powersboyee2 Posted July 29, 2016 #106 Share Posted July 29, 2016 They don't actually sign the contract though. It only clearly states they have the right to alter, change, or cancel for any reason they wish and you agree to it. I agree it's a sad way to treat people, but they do it over and over again. And not just them, this is all cruise lines. You really would be laughed out of s court room [emoji57] Link to comment Share on other sites More sharing options...
Retired LEO Posted July 29, 2016 #107 Share Posted July 29, 2016 Really wonder they can get away with those terms and conditions...Does anybody know if these unfair T+C were ever been chalenged in court? In the EU they would defenetly not hold up in a court as they are greatly unfair onesided!:mad: Still hoping they will do the right thing and protect us in a decent way.... As stated earlier you'll be offered a couple of other options. You can either take what they offer or cancel. That's it game over. Link to comment Share on other sites More sharing options...
janny444 Posted July 29, 2016 #108 Share Posted July 29, 2016 They don't actually sign the contract though. It only clearly states they have the right to alter, change, or cancel for any reason they wish and you agree to it. I agree it's a sad way to treat people, but they do it over and over again. And not just them, this is all cruise lines. You really would be laughed out of s court room [emoji57] I don't think they need "to sign a contract" for it to be legally binding. It is the same when you buy any goods/commodity etc it can be verbal and once money has been exchanged then that is the contract. They have broken the contract with you by selling the goods...or your cruise cabin...to some one else for a higher price. Maybe they can wriggle out of it by stating their T&Cs but maybe not especially when extra cost has been involved as in germanfflyer's case. I once took on one of the "big boys" of travel...TC...(not sure if I can state company so I have only put the initials)....and won. At the start they hid behind their T&Cs but I was like a "dog with a bone" and wouldn't let it go but you have to be determined so germanfflyer give it a go...they will initially keep stonewalling you...be determined Link to comment Share on other sites More sharing options...
Powersboyee2 Posted July 29, 2016 #109 Share Posted July 29, 2016 (edited) I don't think they need "to sign a contract" for it to be legally binding. It is the same when you buy any goods/commodity etc it can be verbal and once money has been exchanged then that is the contract. They have broken the contract with you by selling the goods...or your cruise cabin...to some one else for a higher price. Maybe they can wriggle out of it by stating their T&Cs but maybe not especially when extra cost has been involved as in germanfflyer's case. I once took on one of the "big boys" of travel...TC...(not sure if I can state company so I have only put the initials)....and won. At the start they hid behind their T&Cs but I was like a "dog with a bone" and wouldn't let it go but you have to be determined so germanfflyer give it a go...they will initially keep stonewalling you...be determined I think the thousands upon thousands that they have affected including myself even in the past year alone, would have started a class action if there was anything there worth it. My extra costs were astronomical and I went from 9 nights to 7. But hey, it was still a vacation, and we didn't get stuck on it. There comes a point where it's just time to move on and either cancel or switch to a different cruise. There are plenty of options considering how far away it is still. My notice was 10 days. Try dealing then. But again, we dealt with it and moved on. Edited July 29, 2016 by Powersboyee2 Link to comment Share on other sites More sharing options...
Powersboyee2 Posted July 29, 2016 #110 Share Posted July 29, 2016 As stated earlier you'll be offered a couple of other options. You can either take what they offer or cancel. That's it game over. Exactly. Not sure what the big fuss is. Link to comment Share on other sites More sharing options...
swoopy2110 Posted July 29, 2016 #111 Share Posted July 29, 2016 Exactly. Not sure what the big fuss is. That they've purchased non-refundable flights? Link to comment Share on other sites More sharing options...
janny444 Posted July 29, 2016 #112 Share Posted July 29, 2016 Yes you are right...if you can accept losing money and another cruise is available that fits in with your holiday dates then "move on" but some may think if it has cost them money that possibly they have worked hard for and that they may as well have put it down the nearest drain. You mentioned about a class action...now there is a possible untapped avenue...just needs a bit of organising to get the thousands and thousands together who have been affected...it only takes one case to win to set the precedent Link to comment Share on other sites More sharing options...
nelblu Posted July 29, 2016 #113 Share Posted July 29, 2016 Yes you are right...if you can accept losing money and another cruise is available that fits in with your holiday dates then "move on" but some may think if it has cost them money that possibly they have worked hard for and that they may as well have put it down the nearest drain.You mentioned about a class action...now there is a possible untapped avenue...just needs a bit of organising to get the thousands and thousands together who have been affected...it only takes one case to win to set the precedent In the US there's a lot of ambulance chasing lawyers and if no action has been taken as of today, that means there no fire. Maybe if they change the laws..... Link to comment Share on other sites More sharing options...
Thorben-Hendrik Posted July 29, 2016 Author #114 Share Posted July 29, 2016 They don't actually sign the contract though. It only clearly states they have the right to alter, change, or cancel for any reason they wish and you agree to it. I agree it's a sad way to treat people, but they do it over and over again. And not just them, this is all cruise lines. You really would be laughed out of s court room [emoji57] Well in this case they did not do any of the reasons above but double-sold a cabin that I have a valid reservation for to somebody else. The cruise is not cancelled but re- themed... There is no clause in the T +C that they can kick you off the ship when they find somebody that is willing to pay more for your cabin.... There is also no clause, that they can kick you off when they want to charter the ship to someone else.... Still hope I will not need to dig deeper into this - because they will offer the right thing!:) Link to comment Share on other sites More sharing options...
Thorben-Hendrik Posted July 29, 2016 Author #115 Share Posted July 29, 2016 (edited) There are plenty of options considering how far away it is still. My notice was 10 days. Try dealing then. But again, we dealt with it and moved on. Well there are only very, very few options.....and they are out of our budget unless RCI helps. Sometimes 10 days or 10 month does not make a difference!:( Edited July 29, 2016 by germanfflyer Link to comment Share on other sites More sharing options...
BeachChik Posted July 29, 2016 #116 Share Posted July 29, 2016 (edited) Well in this case they did not do any of the reasons above but double-sold a cabin that I have a valid reservation for to somebody else.The cruise is not cancelled but re- themed... There is no clause in the T +C that they can kick you off the ship when they find somebody that is willing to pay more for your cabin.... There is also no clause, that they can kick you off when they want to charter the ship to someone else.... Still hope I will not need to dig deeper into this - because they will offer the right thing!:) You keep going back to it being illegal but you agreed to the terms and EVERY cruise line does the same thing. If it was illegal do you really think they would all have the same policy. You need to read the cancellation, deviation and substitution section of the contract you agreed to. Where it specifically states that they can cancel or make changes for any reason. And this includes postpone or deviate from any sailing including ports, activities or a specific ship and they aren't liable for any claims by the passenger. https://secure.royalcaribbean.com/content/en_US/pdf/CTC_Not_For_BR.pdf You paid for a cruise and as long as they give you a cruise or a refund of the cruise fare they have met their obligation. They aren't required to give you the exact itinerary or ship that you booked or refund any non refundable expenses. You can dig all you want it will only cause you more work with no return. Do a quick search of the giant Empress thread of people that were canceled 2 and 3 times. THOSE people got the crappy end of the deal. And guess what. No matter how much they pushed and complained Royal didn't do anything extra. Edited July 29, 2016 by BeachChik Link to comment Share on other sites More sharing options...
Thorben-Hendrik Posted July 29, 2016 Author #117 Share Posted July 29, 2016 Well I learned not to book in the US any-more.....over here behavour of such kind is illegal and nun of the US cruise-lines do it! That is why we live in the promised land of customer care and cutsomer friendly T + C!:p:D Link to comment Share on other sites More sharing options...
ColoradoGurl Posted July 29, 2016 #118 Share Posted July 29, 2016 I'm pretty sure that there is also a section in the terms and conditions that states you have to settle in mediation, in Florida, rather than go to court. It is easier said than done to take a big company to court because a private citizen rarely has the same bank account to fund a team of lawyers like the corporations do, so while you may have a case, you'd lose money in the end just by paying the lawyers fees to get to the win. Sorry this happened to you guys, that really sucks. It seems like a chartered cruise should have to be planned before the sailings are released so that this doesn't happen, or that they should offer to block out the remaining rooms on a sailing rather than boot people who already booked and planned their trips. There's definitely better ways the cruise line could have handled this, but they make decisions based on the money they're making and I guess they've calculated that even if they lose current customers because of this type of thing, they are still making more money by catering to the big charter groups. :( Sent from my iPhone using Forums Link to comment Share on other sites More sharing options...
Biker19 Posted July 29, 2016 #119 Share Posted July 29, 2016 That is why we live in the promised land of customer care and cutsomer friendly T + C!:p:D And for that, you usually pay extra. Sent from my iPhone using Forums mobile app Link to comment Share on other sites More sharing options...
Thorben-Hendrik Posted July 30, 2016 Author #120 Share Posted July 30, 2016 (edited) Lets wait and see what happens - maybe RCI will take care of their customers....they have to come up with something eventually! As for lawsuits - my legal-insurance would pay for that - but still only a last option as this would mostlikely take some time and effort. Also working on a plan B that would not involve any RCI cruise.... Edited July 30, 2016 by germanfflyer Link to comment Share on other sites More sharing options...
Retired LEO Posted July 30, 2016 #121 Share Posted July 30, 2016 Lets wait and see what happens - maybe RCI will take care of their customers....they have to come up with something eventually! As for lawsuits - my legal-insurance would pay for that - but still only a last option as this would mostlikely take some time and effort. Also working on a plan B that would not involve any RCI cruise.... That's probably your best option since you won't be happy with anything that's offered to you. Link to comment Share on other sites More sharing options...
Thorben-Hendrik Posted July 30, 2016 Author #122 Share Posted July 30, 2016 That's probably your best option since you won't be happy with anything that's offered to you. I am not so sure about that - they said they would offer a "compensation package" but need a few more days to compose it.... Maybe you all think tooo negative about RCI?:confused: Link to comment Share on other sites More sharing options...
swoopy2110 Posted July 30, 2016 #123 Share Posted July 30, 2016 Your compensation package will be - A number of price protected sailings A Couple of hundred $$$ OBC if you rebook Air Change fees (up to about $300 international per person) if you rebook and that'll be about it. Nothing if you cancel other than deposit refund Link to comment Share on other sites More sharing options...
Thorben-Hendrik Posted July 30, 2016 Author #124 Share Posted July 30, 2016 Your compensation package will be - A number of price protected sailings A Couple of hundred $$$ OBC if you rebook Air Change fees (up to about $300 international per person) if you rebook and that'll be about it. Nothing if you cancel other than deposit refund If those are the right ones then all is fine and I don ot even need this: Air Change fees (up to about $300 international per person) if you rebook and that'll be about it. Nothing if you cancel other than deposit refund So the key question will be what price-protected sailings will they offer? Will they have the same date(s).....:confused: Link to comment Share on other sites More sharing options...
molly361 Posted July 30, 2016 #125 Share Posted July 30, 2016 If those are the right ones then all is fine and I don ot even need this: So the key question will be what price-protected sailings will they offer? Will they have the same date(s).....:confused: When we have gotten a cruise chartered/cancelled the price protected sailings were NOT the same dates, they were the same ship and close to the original sailing. My guess would be you would be offered the 4/9 and 3/26 sailings, but that is just a guess based on what they have offered us in the past. Link to comment Share on other sites More sharing options...
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