Desperate! We need your advice!

[LH_05]

correction- it was the Carnival Liberty back 10/12/05 - not Freedom.

[hoosiermarty]

We also missed a paid for cruise with no Insurance. My 38 yr old son suffered congestive heart and kidney failure the night before our cruise. He was on vacation in Las Vegas and we were already in Florida. Both of us are from Indiana. To make a long story short, with the help of the travel co. which was Interval Internation, we were able to get a partial credit toward another RCCL. cruise, Try getting your TA to contact the cruiseline and go to bat for you. This might help.

[aqhacruiser]

Yes, your own negligence plays into this problem, but TA's are supposed to carry "Errors and Omissions" insurance. This policy covers matters that the TA may not have thought of like visas, for example, especially when the client mentions that they are resident aliens.

 

I would contact a lawyer (a small claims court suit may have to be filed where the TA is located or where their corporate headquarters is located - check (i.e., read) the contract that you signed for your purchase. Then contact your TA and see if she or her corporation are willing to make this good since you did advise her(them) that you were a non-citizen. They may be willing to make it good to preserve their insurance policy.

 

In short, you need to go after the TA because they are to show the "due diligence" to make the trip possible. You hired this person to cover just such issues. Good luck.

I agree with this person and this is exactly what I would do in your case. That's what E/O is for and the TA dropped the ball on this one it sounds like. You paid 8000.00 in good faith to go on a cruise and the TA should have made sure you had what you needed to go. I feel very sorry for you that this happened and I hope someone makes this right.

[signman]

Ok, I haven't read all the posts on this thread yet, and I am sorry that you had to go through so much and still were unable to go on your cruise, and yes it is your responsibility to have all your paperwork in order, and TA's are there to sell and help, but ultimately it is up to you to be sure everything is properly taken care of.

 

But, as a citizen of another country residing in the US, didn't you have to have a visa to enter the US, and wouldn't someone of your status be particularly aware of what is required for international travel?

[seamama1]

Each of you should file in small claims court for the individual cost of your trip. I would sue the travel agent not the cruise line since the TA was worthless. I always book directly with the cruise line and just before final payment I might give it to a TA if they give me onboard credit but I've already done the legwork.

 

Sorry...the TA has no legal liability in this. The OP initialed and signed all papers given to her by the TA. If she chose not to read what she was signing - her bad - just like it would be if she signed a lease without reading it.

 

It is always, always the responsibility of the TRAVELER to make sure he/she has the proper documents to leave the country. It is also the travlelers duty to read everything give or sent to her and to call the mailer if she has any questions. Knowing she was not a U.S. citizen, she should have checked with her embassy. A TA may advise but is not responsible. In addition, ALL of the information she received from the cruiseline had information she needed to know and, by her own admission, she didn't bother to read anything.

 

The airline who boarded her in the U.S. will be fined very heavily for allowing her to board the plane without the proper documentation as would any carrier that did it....but they are not going to be held legally liable either.

 

The best the OP can hope for is finding a sympathetic ear at RCCL. I feel she stands a good chance of finding some sort of compromise with them.

 

To the OP....you are certainly old enough to know better and I'm sure you are kicking yourself mightily....I cannot imagine spending time in a foreign jail... But, you survived it and learned a most valuable lesson. Go ahead and contact RCCL to see if they can bend a few rules for ya..... Next time - read everything - twice - and never, ever sign anything until you have read and understood everything.

[seamama1]

Yes, your own negligence plays into this problem, but TA's are supposed to carry "Errors and Omissions" insurance. This policy covers matters that the TA may not have thought of like visas, for example, especially when the client mentions that they are resident aliens.

 

I would contact a lawyer (a small claims court suit may have to be filed where the TA is located or where their corporate headquarters is located - check (i.e., read) the contract that you signed for your purchase. Then contact your TA and see if she or her corporation are willing to make this good since you did advise her(them) that you were a non-citizen. They may be willing to make it good to preserve their insurance policy.

 

In short, you need to go after the TA because they are to show the "due diligence" to make the trip possible. You hired this person to cover just such issues. Good luck.

 

The TA made no errors and omitted nothing. This is not the TA's fault. OP may sue if she wishes but she will not win. She signed everything - and without reading any of it.... In addition, if you read the U.S. state department website, it even says there that it is the traveler who is wholly responsible for knowing what is needed and for having it.

 

OP made a huge error by not paying attention, not researching anything. It is on her shoulders and hers only. Hopefully RCCL will work with her.....

[seamama1]

I've bought several homes in my lifetime and i rely on the realtor to have me sign the appropriate forms. If I sat and read every word in every form I've ever signed It would be a miracle. When you pay a commission to a "supposed" professional they should do their duty. A TA is similiar in their duty to do the best for you.

I think the TA is more responcible then the OP. Had the OP dealt directly RCL and bypassed the TA then they'd have no excuse.

 

The TA did do her job. OP said she received the forms from the TA concerning citizenship, which she didn't read, and signed where it asked if she was a U.S. Citizen...... She received complete information from RCCL - which she didn't read... The travelers is always responsible for her own travel documents; to know what is needed, to get them and to take them with her.

 

And, if you yourself don't read everything before you sign it, your turn at a similar disaster may be next.....

 

Don't be a sucker! Knowledge is power!

[seamama1]

I agree with this person and this is exactly what I would do in your case. That's what E/O is for and the TA dropped the ball on this one it sounds like. You paid 8000.00 in good faith to go on a cruise and the TA should have made sure you had what you needed to go. I feel very sorry for you that this happened and I hope someone makes this right.

 

TA made no errors and omitted nothing. OP didn't read anything before signing it. The TA is not at fault in any way... You could sue your life away on this one - you would not win....

[JKHawaii]

Though I feel badly for the OP, I have to agree with those who find her mainly responsible for not having the proper visas. A word to the wise for those who rely on TA's.

 

My most recent edition of Conde' Nast Traveler contains this rather timely advice: "We hear from an alarming number of readers who arrive at the airport or cruise ship packed and ready for an overseas adventure, only to be turned away because they lack a valid passport or required visa. Others make it to their destination but are sent straight back to the United States by immigration officials as soon as they step off the plane. Keep in mind that securing required travel documents is SOLELY the traveler's responsibility. Period. To avoid such a disappointment, always contact the consulate or embassy of the countries you're visiting to find out what documentation you'll need, and get the requirements in writing. NEVER rely on information offered by Web sites, travel agents, or foreign travel boards: Entry requirements change frequently, and information provided by any source other than a consulate or an embassy may not be current."

 

Rather than sue the TA, my advice would be to work with them and RCCL and perhaps something can be salvaged from this sad experience. Good luck to you.

[tooholly]

Small claims court wouldn't help. The TA exercised due diligence in sending the paperwork to be reviewed and checked. Ignorance is not an excuse to the law nor to failing to read what you initialed.

 

Its very frustrating and very heartbreaking to save that money to lose it. You've learned a very expensive lesson - however old you are (in your post, you were two different ages).

 

Begging RCCL just for positive PR, etc I'd imagine is your best bet.

[zqvol]

Okay fellow cruisers, my friend and I really need some advice! I'm posting this because I've been helped here plenty of times and I know I can count on you guys for some advice.

 

Here's our story: First of all I would like to let you know that my friend and I are in our mid to late 20's. We've been talking about our cruise for 2 years now and we've been saving up all of our money and not taking any vacations for those two years so that we could go to this cruise. We've finally saved enough money and finally paid this cruise in full 3 months ago. We've been planning and getting excited every since. I booked this 12 day Meditteranean cruise on Brilliance with a TA. When I first booked it I told her that we were not US Citizens and that we were both Resident Aliens of the U.S. I had asked her if we needed anything other than passports and she said no. Okay...stupid me believed her and took her word for it eventhough 3 weeks before we left for our cruise we had received our cruise papers and it stated in there that if you're not a US citizen that you would need to acquire a visa to get in those countries. But I believed her and didn't question her about it. She had sent me some paperwork in the mail right after I paid my cruise in full and she told me to initial the areas she highlighted. Again, stupid me didn't read the areas she highlighted and just initialed it and mailed it back. Not knowing that I initialed a part in there that said that we are United States citizens. Although, I don't know why she would highlight that in the first place after I already told her that we were not. I know most of you will agree that this part was my mistake, that I should be reading everything before signing...but I didn't and I guess I'm paying for it. We had taken insurance from this TA to cover our cruise, but the TA never mentioned anything about RCCL's cruise care insurance to us, she just sold us their insurance which I come to find out later that it pretty much sucks and does not cover everything like RCCL's insurance does. If I had known that RCCL's insurance exists I would have taken that instead of theirs. I know there has been a lot of posts here about insurance, but I never really paid attention to it until now because I thought that the insurance that I bought from the TA will cover it. To make this story short, we flew to Barcelona from Orlando on the 13th which was this past Sunday. Arrived in Barcelona, but was not allowed past the security because I didn't have the proper documents such as a visa to enter their country. The following 16 hours would be my worst day of all. After the airport police in Barcelona held me up asking why I didn't have a visa and that to enter Barcelona and any of the countries in my itinerary I had to have a visa. I told them my side of the story and they asked me why did the airlines let me board their flight knowing that I would need a visa to enter spain. I told them that no one told me at the airport that I would be needing a visa to enter. Later on I found out from one of the airlines agent that they should have checked to see if I needed a visa and not have let me in the plane. She said that whoever did that would get in trouble and that if anyone found out the airlines would be fined big time! Anyway, the barcelona police was very upset and angry with the airlines and travel agent for not letting me know the correct policies. They were really nice and really felt bad for me. I ended up talking with a translater and a lawyer in barcelona after they held me and put me in this holding cell, kinda like a jail cell with all these other guys that couldn't get in to barcelona. Imagine me...a 30 year old woman in a small room with a bunch of guys, half naked because it was hot in there and all of them speaking in spanish and me not able to understand? It was horrible! There were cots in there and left over food all over the place. It looked like they've been there for days! There was also a police officer standing guard at the door and the door was locked at all times! Thank God I was only in there about 1 hour before the lawyer came and "bailed" me out. By the way, my friend was okay to go in because since she's from Mexico she didn't need any visas to go in Spain. I was told that I have to go back to the US right away so they had arranged a flight for me to come back here. My friend was told that she was free to go to the cruise, but of course she didn't want to leave me there. They said that they were not able to find her any flights home with me and that she might have to come back the following day. I've already been crying my eyes out and so was she and then the news that we would not be coming home together created more tears from both of us. I guess they really felt sorry for us that they eventually found her a flight to come home with me. Again, the airport authorities were really nice about all of this and they were just mad at the airlines and the TA for telling me wrong information. The lawyer was the one that told me to file a complaint against the airlines for letting me in the plane in the first place! So...we finally received our tickets to go back and it was time to board the plane again. I was escorted by the police out of the airport in a police car to the inside of the plane. Mind you, this was really humiliating! I felt like I was a criminal! The lawyer did say, that I didn't do anything wrong and that I am welcome to come back to their country anytime as long as I have the correct paperwork. Of course, this would not stop me from going back at all.

 

We finally landed back in the US. Out of the 3 luggages that we took with us to Barcelona only 1 came home with us. There was about 600 luggages that were lost that day according to the airlines. And they blame the new TSA rules for misplacing all of those 600 luggages. Unbelievable! We pretty much spent an entire 2 days at the airport flying back and forth.

 

Now this is where our need of advice starts. As soon as we landed in Philly, I called the travel agent to find out what I needed to do. I was still willing to get a visa and maybe catch the cruise on their 2nd or 3rd day out of Italy or France. Remember that this was our dream trip and we were not about to let it go by without a fight! I ended up calling different embassies and we were both willing to fly to Washington D.C. to get a visa as soon as possible. Unfortunately, acquiring a visa is not that easy. In most cases, you either have to make an appointment or it will take about 2 weeks to get. Obviously, time was not on our side and this option was not allowed. Now, my TA who is on vacation this week. The one that I had talked to this whole time is not there to tell me what I needed to do. I ended up talking to another TA and she told me that when she looked at my paperwork that I had initialed that I was a US citizen. I had told her that was a mistake and that my TA knew that we weren't. She said due to this that we will not be getting our money back. I've already checked with RCCL and of course they will not reschedule or rebook our trip and will definitely not refund us.

 

Can anyone help us with this? We don't want anything, we just want the trip rescheduled. We are sick to our stomach thinking that we would loose $8000.00 that we worked really hard for. Any advice would be greatly appreciated! Thank you all in advance for taking the time to read this!

You are just out of luck. It is your responsibility to make sure that you have the correct travel docs. Not the cruise line, not the airline and not your TA.

 

Insurance would not cover this situation since you did nto do what was necessary to go on the cruise.

 

Expensive lesson.

 

Sorry

[zqvol]

Each of you should file in small claims court for the individual cost of your trip. I would sue the travel agent not the cruise line since the TA was worthless. I always book directly with the cruise line and just before final payment I might give it to a TA if they give me onboard credit but I've already done the legwork.

Two problems with your suggestion. They are likely over the limit for small claims court and they have no case. It was their negligence for failing to get the correct documentation. every cruise contract, TA agreement, airline ticket, etc. always says that it is the travelers responsibility to get the correct documentation for travel.

 

Suggestions like this (to sue) are irresponsible and another symptom of the me generation failing to take responsibility for their own conduct.

 

Yes, your own negligence plays into this problem, but TA's are supposed to carry "Errors and Omissions" insurance. This policy covers matters that the TA may not have thought of like visas, for example, especially when the client mentions that they are resident aliens.

 

I would contact a lawyer (a small claims court suit may have to be filed where the TA is located or where their corporate headquarters is located - check (i.e., read) the contract that you signed for your purchase. Then contact your TA and see if she or her corporation are willing to make this good since you did advise her(them) that you were a non-citizen. They may be willing to make it good to preserve their insurance policy.

 

In short, you need to go after the TA because they are to show the "due diligence" to make the trip possible. You hired this person to cover just such issues. Good luck.

 

They are wasting their time. There is no error or omission on the part of the TA, only failure to act on the part of the OP. People are quick to complain about lawyers, yet suggest running to one for every perceived problem. The only thing a lawyer would do is give them a bill for the consultation and say sorry read your docs next time.

[Inshape]

read the first line...first she introduces herself as 2 travelers who are in the late to mid 20s. The when in the holding cell she says imagine a 30 year old woman with these men....

 

Are you sure of the facts? Sorry for the ruined trip, but it is YOUR job to look into what is needed. The TA made a mistake, but when you initialed all of the docs youshould have read, questioned and acted on this.

 

When leaving any country you have to provide a passport or other paperwork...especially since you entered on an alien visa for the us. This is common sense.

 

You have no reason to sue. Everyone is always yelling sue sue sue when they make mistakes. It is a costly error...but maybe a good lesson learned. Bet it will never happen again. Take a cruise out of the US which does not cost 8000 and enjoy yourself.

[cruisePRN]

After reading this post in it's entirity I wouldn't care to use a TA since they aren't responcible for anything. After this poor girl told her TA she wasn't a US citizen the TA didn't act in her best interest. Why bother with a TA then? I still would go to small claims because you have nothing to loose and much to gain by trying. Let a judge decide if the TA acted appropriatly. that's why we have a judicial system.

[HurricaneSally]

She has something to lose, if she loses her case, she could be made to pay the legal fees of the person she sues. She needs to cut her loses now.

[Annieeee]

Wow what an interesting thread. In my opinion the TA is not to blame. Surely the TA has many, many, many clients, how can she be expected to remember all her conversations with all her clients. The TA did her part by sending her documents that needed to be read and intialed. Everyone has their own thoughts and opinions on this, like so many other threads on this board, we simply have to agree to disagree and be civil about it.

 

One thing I do not understand is why the friend would sue. She decided not to go, that was her decision, so I have to wonder on what grounds she has to sue. Secondly, it does not matter how old the OP is, in her frustration she may have made a typo when she said she was a 30 year old lady in jail with several men. I don't know if RCI will look upon her kindly and give her credit, I hope things work out for her, and hope that we all learn from this.

 

I have a question for the international travelers. When you are at the airport, who checks your passport and visas to confirm that you have valid documents? The Custom Officials or the airline you are flying out on? I have traveled abroad before, but it was eons ago and do not remember.

 

Annieeee

[Catnip]

I believe that it's the airline employee at the check-in desk that is supposed to check all your documents.........

[shoreless]

I don't think the OP has a legal case, but I'm surprised at the number of posters (TAs?) that think the TA did nothing wrong. In the age of the internet, lots of travel agencies, particularly the ones without large corporate clients, have gone out of business. I would have thought that one of the remaining ways a TA could still have value to a traveler would be in situations like this. Yes, the OP should have known the law, but she apparently asked the TA about it; surely the TA should have also known the law and, realizing its importance, made a note in the file for her client to be sure to remind her about it. In this case, the TA apparently did not even know the law and didn't have the initiative to check it. The TA may be very busy, but if this is an example of her service, she may not be very busy for much longer.

[seamama1]

After reading this post in it's entirity I wouldn't care to use a TA since they aren't responcible for anything. After this poor girl told her TA she wasn't a US citizen the TA didn't act in her best interest. Why bother with a TA then? I still would go to small claims because you have nothing to loose and much to gain by trying. Let a judge decide if the TA acted appropriatly. that's why we have a judicial system.

 

Wrong! If you read all the posts, as you claim you would see that you are highly mistaken.

 

The TA did everything in her best interest. OP opted not to read anything, signed everything without reading it, didn't read her documents. OP doesn't have a case!

[seamama1]

Wow what an interesting thread. In my opinion the TA is not to blame. Surely the TA has many, many, many clients, how can she be expected to remember all her conversations with all her clients. The TA did her part by sending her documents that needed to be read and intialed. Everyone has their own thoughts and opinions on this, like so many other threads on this board, we simply have to agree to disagree and be civil about it.

 

One thing I do not understand is why the friend would sue. She decided not to go, that was her decision, so I have to wonder on what grounds she has to sue. Secondly, it does not matter how old the OP is, in her frustration she may have made a typo when she said she was a 30 year old lady in jail with several men. I don't know if RCI will look upon her kindly and give her credit, I hope things work out for her, and hope that we all learn from this.

 

I have a question for the international travelers. When you are at the airport, who checks your passport and visas to confirm that you have valid documents? The Custom Officials or the airline you are flying out on? I have traveled abroad before, but it was eons ago and do not remember.

 

Annieeee

 

When you check in for an international flight, the airline agents behind the desk check for documents. If there is any question or if anything appears odd, the agent brings Passport control and/or immigration into it.

 

The airline involved here let this woman board the flight without proper papers and will incur a huge fine. They have no liability towards her however, as it is the travelers responsibility to have what it needed. The airlines only responsibility is to deny boarding to those who don't have it.

[cruisePRN]

She has something to lose, if she loses her case, she could be made to pay the legal fees of the person she sues. She needs to cut her loses now.

Small claims cost $35 and there are no lawyers involved. If the OP looses there are no legal fees to pay and there is nothing owed to anybody.

[cruisePRN]

Wrong! If you read all the posts, as you claim you would see that you are highly mistaken.

 

[/b]

 

Maybe I think you are mistaken. We are entitled to an opinion and just because you disagree does not mean the other person is mistaken.

 

Most TA's are consciencious hard working people. This particular TA dropped the ball and her client suffered. This TA should be held accountable so's not to spoil the reputation of all TA's.

[Inshape]

And a non - US citizen is able to use our judical system? The ta should have done a better job....but it is up to the traveler to read the documents. If she did read it and called the TA right away telling her again that she cannot sign it since it is wrong, it would have been fixed.

[xpcdoojk]

And a non - US citizen is able to use our judical system? The ta should have done a better job....but it is up to the traveler to read the documents. If she did read it and called the TA right away telling her again that she cannot sign it since it is wrong, it would have been fixed.

 

I am not a lawyer, and I don't even play one very often in an internet forum:D , but....

 

I think that anyone legally in this country can enter into our judicial system. If not then we could all just screw any non-citizen anytime we dealt with them. So, intuitively they should be protected from fraud and abuse just like everyone else and the courts are how we in this country settle disputes, unfortunately a lot of the times.;)

 

Now having settled that point to my satisfaction. I still think this lady has an uphill battle to get a settlement from the TA or anyone else. I think the best they can hope for is to be really nice to the cruiseline and hope that they throw them a bone. This is not to be construed as good or bad legal advice, but maybe or maybe not common sense. :D

 

jc

[zqvol]

Small claims cost $35 and there are no lawyers involved. If the OP looses there are no legal fees to pay and there is nothing owed to anybody.

You need to get off the small claims idea. This is likely not a small claims case in most states.

 

In addition if the OP were to pursue this outrageous claim she would be subjecting herself to a counterclaim for abuse of process. All the TA would have to do would be to allege damages more than the small claims amount and the whole thing goes to the higher court.

 

BTW this TA did not drop the ball. The TA has no legal obligation to insure that a passenger/client has all the documents necessary to leave the country. It is the passengers obligation UNLESS the TA told her that the TA would take care of it and that clearly did not happen.