Not happy with Norwegian Cruise Lines

[stuufy1]

Are you angry that the itinerary no longer is being offered or that they won't refund your certificates?

Sorry. I thought I made that clear. I want them to refund the original purchase price of the certificates

[Maniacal Cruiser]

Did you put it on a credit card? Just charge it back. Simple.

 

It's not really up to NCL whether they refund you or not.

 

 

That is FRAUD

[Maniacal Cruiser]

Sorry. I thought I made that clear. I want them to refund the original purchase price of the certificates

 

 

Just sell them yourself. There is no issue at all here.

[123linz123]

As I am sure your family member will tell you, there is a big leap from a simple mistake/misunderstanding to misrepresentation. Misrepresentation is a tort that requires a claimant to establish a specific state of mind. In this case, for a claim of actual misrepresentation, you would have to establish that that the representation, at the time it was made, was known by the offending party to be false or was made recklessly without knowledge of the truth. Good luck with that.

 

I agree with everyone else, just use them on another cruise or sell them at cost.

 

 

I totally disagree with you.

The OP was told one thing, but did not receive it.

Anybody that listens to this crap.. needs to stop rolling over and taking it. Do you realize how much your credit company has got your back?

[Maniacal Cruiser]

For me a corporation should stand behind their employees. If said corporation doesn't in my books they use deceitful practices. If you can't trust them for the small things why should you trust them for more important things?

 

 

 

Nothing deceitful even slightly here. All you have to do is post here or on facebook that you have CN certificates for sale, then sell them to get your money back.

[stuufy1]

As I am sure your family member will tell you, there is a big leap from a simple mistake/misunderstanding to misrepresentation. Misrepresentation is a tort that requires a claimant to establish a specific state of mind. In this case, for a claim of actual misrepresentation, you would have to establish that that the representation, at the time it was made, was known by the offending party to be false or was made recklessly without knowledge of the truth. Good luck with that.

 

I agree with everyone else, just use them on another cruise or sell them at cost.

 

If NCL won't honour their employees word and refund me the purchase price I'll of course sell the certificates. What I really want is for Norwegian to be a good corporate citizen, to do the right thing. I guess I expect higher standards from people I do business with than you do

[Maniacal Cruiser]

Please explain?

 

 

All you need to know is if you do that you will be committing fraud.

[stuufy1]

Are you angry that the itinerary no longer is being offered or that they won't refund your certificates?

I want them to refund the original purchase price - nothing more.

[stuufy1]

Did you reserve this with a credit card? I'm presuming you did...

First of all tell them (NCL) you are going to dispute this with your credit company, a lot of times this will be enough for them to refund your money. But don't wait too long ( I personally would give them 48 hrs to acknowledge this) then go ahead and set up the dispute. Or just go ahead and dispute it right now.

 

Call your credit card company (or if you are online you can start the procedure this yourself) and dispute this charge.

Keep all documentation, write down every conversation that you remember, all with dates and times, because your CC company will ask for evidence. They will call you to discuss this.

 

I have done this a few times, some personal and some through business, never had the problem declined, and the CC company has covered the cost.

I'm going to follow this thread, please report back.

 

Thank you - great advise.

[123linz123]

From my point of view that isn't the point. An Norwegian employee mislead us into purchasing something and that something is no later available. I believe NCL should refund us for the purchase price. They had a loyal customer - that customer is very upset with them and if they acted responsibly they could save the relationship. I wonder if they know how much it cost them to get a new customer.

 

So at the time it was true.. okay!

But now it isn't true = refund

[Enavigo]

I totally disagree with you.

The OP was told one thing, but did not receive it.

Anybody that listens to this crap.. needs to stop rolling over and taking it. Do you realize how much your credit company has got your back?

 

Disagree all you want, that is your opinion. Mine, however, is at least backed with 20+ years as a practicing corporate attorney. This is not a case of misrepresentation. If you want to get technical, OP could possibly raise a claim of fraud in the inducement of contract (purchase of the certificate), but that would have the same hurdle of establishing that the NCL agent acted with the requisite mental state (that they knew what they were saying, at the time they said it was wrong).

 

As for a chargeback, most of the time your credit card company will honor your request (because they value your business), but that avenue is not without risk. We should not be advising people to simply ask their CC companies to process a chargeback that is beyond the scope of the FCBA, because that would be fraud.

 

I noticed the OP lives in Canada, perhaps Canada provides additional protections, but the easiest path here is to sell the certificates and be done with NCL (if that's what the OP wants).

[stuufy1]

Just checked Norwegian's stock-- up almost 5% today.

Interesting - will it continue to climb if they continue to p'd off customers. I guess only time will tell.

[stuufy1]

You can sell them on ebay.

Thanks

[123linz123]

Thank you - great advise.

 

Please keep me updated, I am amazed by the people here, who would just 'take' this without any comeback.

I wish you good luck, but honestly I don't think you need it. Your CC will cover this, they go in and dispute the charge for you.

L

[123linz123]

Disagree all you want, that is your opinion. Mine, however, is at least backed with 20+ years as a practicing corporate attorney. This is not a case of misrepresentation. If you want to get technical, OP could possibly raise a claim of fraud in the inducement of contract (purchase of the certificate), but that would have the same hurdle of establishing that the NCL agent acted with the requisite mental state (that they knew what they were saying, at the time they said it was wrong).

 

As for a chargeback, most of the time your credit card company will honor your request (because they value your business), but that avenue is not without risk. We should not be advising people to simply ask their CC companies to process a chargeback that is beyond the scope of the FCBA, because that would be fraud.

 

 

 

I noticed the OP lives in Canada, perhaps Canada provides additional protections, but the easiest path here is to sell the certificates and be done with NCL (if that's what the OP wants).

 

How is this not a case of misrepresentation?

[Medtech2]

It was at the end of April so I'm past the 30 days. I can see them sticking to the "rule" if I'd just changed my mind. But that is not the case. The Next Cruise agent checked her screen and told us that NCL was cruising from Vancouver to Tokyo September 27, 2017 and then on to Singapore 19 days later. We bought the certificates based on that information

 

Itineraries can change at any time, even up to day of sailing. They can also be cancelled at any time. Doubt they lied. They told you what was true when they looked. Now the schedule has been cancelled or changed. It happens. At least it happened before you booked. You can pick another cruise or sell the certificate, but you have no leg to stand on against NCL.

[Enavigo]

If NCL won't honour their employees word and refund me the purchase price I'll of course sell the certificates. What I really want is for Norwegian to be a good corporate citizen, to do the right thing. I guess I expect higher standards from people I do business with than you do

 

Or maybe I am just careful to make sure that my expectations are in line with the terms and conditions of the products I buy. :rolleyes::rolleyes:

[123linz123]

all you need to know is if you do that you will be committing fraud.

 

Really How so?

Edited August 10, 2018 by 123linz123

[stuufy1]

Or maybe I am just careful to make sure that my expectations are in line with the terms and conditions of the products I buy. :rolleyes::rolleyes:

 

You have a good point - I sure would trust them again

[stuufy1]

You have a good point - I sure would trust them again

Won't won't trust them again

[Enavigo]

It's not about being a fanboy or a passive purchaser, it's simply about evaluating the legal allocation of risk inherent in any contract. As lawyer for one of the country's largest financial services companies, I simply call the balls and strikes as I see them. This one is way high and way outside. Now, it seems like the OP is making the "do the right thing" argument; an argument where us lawyers typically bow out given it's lack of legal foundation, so I will do so here.

 

To OP, best of luck and I hope it all works out for you.

[zactak]

I think I agree with what most people have said here. I would either try to sell them if that's an option, or see if you can speak to a supervisor and see if you can get anywhere with them. I had an issue with Celebrity a few years ago, and I was able to track down the email address of an executive. I emailed them, and they transferred my complaint to a higher department than their normal customer service center. You may be able to try a similar avenue with Norwegian to see if any agreeable terms can be met that satisfy what you want, though it seems rather unclear as to what you want.

 

With that said, what occurred can happen on any cruise line, and I doubt it was intentional. Proving it to be intentional would be nearly impossible, and I wouldn't consult your cousin over such a matter. I know if a friend or family member asked me to write such a letter, I wouldn't get involved (I'm not a lawyer or a paralegal, but I am in a law-related field).

 

Norwegian is first protected by the Next Cruise contract, which is also what you would have agreed to by making your purchase. It would be your burden of proof to show they sold you the certificates under intentional false pretenses. It's doubtful you have any record of the conversation regarding the specific cruise you were looking for took place and was "promised." Even if you had proof, such as a recorded conversation, you'd have to prove the individual who told you did so knowing what they were saying was false, and they intentionally deceived you so that you would make the purchase. Almost an impossible feat. I don't think a letter from an attorney would help in this situation, as there's no legal pressure that can be applied or even implied in a letter.

 

I understand your anger and frustration over this, I probably would be too, but this happens on a daily basis for customers on every cruise line. Just realize if you don't cruise Norwegian again, a similar situation, or even a worse situation may occur to you on another line.

[Enavigo]

Really How so?

 

Ask your CC company to send you a copy of their terms and conditions and then look up the Fair Credit Billing Act. Read them both. The issue here, most likely, would be that the dollar value of the certificate remains at least equal to what they paid for it. It's value is not diminished (from an objective standpoint).

 

Again, OP is in Canada, so this would be inapplicable (unless the OP is processing through a US CC company). Maybe Canada has a similar or better law.

[stuufy1]

It's not about being a fanboy or a passive purchaser, it's simply about evaluating the legal allocation of risk inherent in any contract. As lawyer for one of the country's largest financial services companies, I simply call the balls and strikes as I see them. This one is way high and way outside. Now, it seems like the OP is making the "do the right thing" argument; an argument where us lawyers typically bow out given it's lack of legal foundation, so I will do so here.

 

To OP, best of luck and I hope it all works out for you.

 

Thank you for your sage legal advise. I have no doubt you are correct. In Canada it appears we do indeed have more protection than you do in the US.

[zqvol]

This is without a doubt the funniest thread that I have read in months.

 

 

When OP bought the certificates, the cruise he wanted to take existed. No one lied to him, no one mislead him, no one tried to deceive him. Subsequent to that NCL made major changes in deployments, and the cruise he wants no longer exists. Changes like this happen all the time. Ships are chartered. Itineraries are changed. Ports are missed.

 

 

 

OP simply doesn't get it, and his cousin the lawyer is going to laugh at him when he asks for the letter.