Engine Malfunction Cause us over $4400 to Get Home

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Sep 23, 2016
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#61
There is a clause that you agree to when you make your deposit that Jville pointed out.

You can file in small claims court but there is no guarantee you won't be wasting your time.
So if small claims court is not viable, what is the remedy? I looked at the language on pages 7, 8, and 9 regarding arbitration, and it indicates a notice of a claim must be filed within 30 days of the cruise ending. Does submitting my claim to the guest relations department in that time frame meet that criteria? After all, that is what we were directed to do when we were still on board the ship.
 
#62
So if small claims court is not viable, what is the remedy? I looked at the language on pages 7, 8, and 9 regarding arbitration, and it indicates a notice of a claim must be filed within 30 days of the cruise ending. Does submitting my claim to the guest relations department in that time frame meet that criteria? After all, that is what we were directed to do when we were still on board the ship.
You failed to initiate arbitration within 30 days and if you file a request for arbitration they will move to dismiss the claim because it is untimely filed.

They may or may not win.
 
Sep 23, 2016
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#63
You failed to initiate arbitration within 30 days and if you file a request for arbitration they will move to dismiss the claim because it is untimely filed.

They may or may not win.
Sounds like I am screwed...but I will give arbitration a try nonetheless....especially given the facts that I was directed by NCL to contact their Guest Relations for resolving complaints...which I did in a timely fashion and then it took them almost two months to reply....and they didn't even reply to me...they replied directly to the travel agent. Why would someone file for arbitration on a claim that had not yet even been answered...hopefully that will be taken into consideration. Perhaps that may be why they took so long to reply...just so time would run out on arbitrating this claim...sounds a little underhanded.
 
Likes: mmb
Sep 23, 2016
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#64
Sounds like I am screwed...but I will give arbitration a try nonetheless....especially given the facts that I was directed by NCL to contact their Guest Relations for resolving complaints...which I did in a timely fashion and then it took them almost two months to reply....and they didn't even reply to me...they replied directly to the travel agent. Why would someone file for arbitration on a claim that had not yet even been answered...hopefully that will be taken into consideration. Perhaps that may be why they took so long to reply...just so time would run out on arbitrating this claim...sounds a little underhanded.
An update...and good news I think....I called NAM and they are sending me an arbitration packet....they did not think the 30 day clause would be an obstacle.
 
Likes: jsn55

Neil Maley

Moderator
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Advocate
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www.promalvacations.com
#67
I see. I am really interested in how all this turns out. It would be a precedent if you got more out of them. I'd love to see it happen because it isn't fair when something like this happens and you have listened to the cruise line and booked your flights well after the earliest time they tell you to book your return.
 
Aug 29, 2015
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#68
This has just been a crazy saga.
I'm glad you are continuing to pursue the situation and hope arbitration works out. For a cruiser who made their reservations within the recommendations of the cruiseline and the ship was so late to return, that is a real issue.
 
Likes: jsn55
Aug 28, 2015
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#70
@Steven Marinoff Your out of pocket expenses seem high. I may have just walked up and bought the next flight home too, on any airline, but I'm not sure. Also, you still have a credit with your original airline for a year so that has some value if you plan to travel.
When was next flight your airline could book for just the change fee? Was there an option to place you on standby for the next day?

I'm just asking these questions bc it would be a shame to go through all of this and have the arbitrator award you the same amount the airline has already offered. Plus you still have that ticket credit. If that is @ 2k and the airline offered 300 each to change plus 250 for a hotel, that's around 3k.
 
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R

Realitoes

Guest
#71
There is a clause that you agree to when you make your deposit that Jville pointed out.

You can file in small claims court but there is no guarantee you won't be wasting your time.
The contract provides "sole exception of claims brought and litigated in small claims court,". I would skip arbitration which tends to lean heavily in favor of the business and file in small claims.
 
Likes: AAGK
Sep 23, 2016
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#73
@Steven Marinoff Your out of pocket expenses seem high. I may have just walked up and bought the next flight home too, on any airline, but I'm not sure. Also, you still have a credit with your original airline for a year so that has some value if you plan to travel.
When was next flight your airline could book for just the change fee? Was there an option to place you on standby for the next day?

I'm just asking these questions bc it would be a shame to go through all of this and have the arbitrator award you the same amount the airline has already offered. Plus you still have that ticket credit. If that is @ 2k and the airline offered 300 each to change plus 250 for a hotel, that's around 3k.
Imagine, you are on a ship with very limited communications and you are informed you will not make your connection home....there was chaos on board with everyone trying to use the limited computers on board that had very bad connections. I was able to use my cell phone to call a travel agent in NYC, who could only find me a flight for $3000pp and not to the airport where my car was parked. Expedia found me the cheapest flight. Sitting in an airport waiting on a flight was not a viable option in my book...that is no guarantee if or when you would get home in a reasonable time...why should I have to even be in that position...hopefully that is what an arbitrator would consider. Yes, the return flight home was just over $2,000pp and we were offered $300 each to change the flight and $250 for the hotel. Since writing to NCL and their other officials, they have offered another $300 for goodwill, but I am still in the hole over $3000.
 
Sep 23, 2016
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#74
The contract provides "sole exception of claims brought and litigated in small claims court,". I would skip arbitration which tends to lean heavily in favor of the business and file in small claims.
I hear you....but I am getting mixed signals on arbitration VS small claims court....advice seems to be mixed as which is the best avenue to pursue.
 
Aug 28, 2015
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#75
The contract provides "sole exception of claims brought and litigated in small claims court,". I would skip arbitration which tends to lean heavily in favor of the business and file in small claims.
I agree. I wonder what what his local small claims limit is. Also, he could file near his home and I assume arbitration would require him to travel. I'm not sure here he lives though.
I think he should continue negotiation for another 1k. I'm concerned even if he wins, his out of pocket seems
Imagine, you are on a ship with very limited communications and you are informed you will not make your connection home....there was chaos on board with everyone trying to use the limited computers on board that had very bad connections. I was able to use my cell phone to call a travel agent in NYC, who could only find me a flight for $3000pp and not to the airport where my car was parked. Expedia found me the cheapest flight. Sitting in an airport waiting on a flight was not a viable option in my book...that is no guarantee if or when you would get home in a reasonable time...why should I have to even be in that position...hopefully that is what an arbitrator would consider. Yes, the return flight home was just over $2,000pp and we were offered $300 each to change the flight and $250 for the hotel. Since writing to NCL and their other officials, they have offered another $300 for goodwill, but I am still in the hole over $3000.
I may have done the same so I don't judge your decision at all. The arbitrator will consider the value of your existing credit for the missed flight (you have one, right?) and the next available flight on that same airline if/when calculating damages.
 
Sep 23, 2016
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#77
If you have a credit and receive reimbursement for your new flight then your return flight was free.
The original flight was on Icelandair...we tried to contact them when we wanted to rebook and it was impossible to get thru to them...my agent was on hold for 45 minutes before giving up...it is not like we were home sitting at a computer looking at all the alternatives...decisions had to be made so we could get home in a reasonable time. We were able to rebook on another airline so I don't even know if a credit is due to us...and frankly, a credit would mean you have to fly on the original airline within a year to fly someplace...that would be forcing us to fly someplace/sometime that we are not ready to do. Going someplace just to use a credit...that is not a reasonable solution when the delay was no fault of our own.

Also, the max for small claims court is $5,000...no travel would be required...I already checked am was told it can be done over the phone as it would be filed in Miami.

At this point I am undecided about moving forward with small claims court or arbitration....it would be one or the other....just not sure yet of the best course to pursue.
 
R

Realitoes

Guest
#78
We did file an official claim with NCL for reimbursement for our expenses, claiming that this additional out of pocket expenses were a result of their ship's inability to get us back to our departure port on time. It is an implied contractual obligation to do so. As of this writing (9/23/16), there has been no response from NCL. So the question is, shouldn't they be responsible to make us whole for a situation that was of no fault of our own....when clearly it was an issue with the ship's equipment.
Actually it couldn't be an implied contractual obligation, the contract states specifically that they are not liable. This is what they will point to in arbitration or small claims.

(c) Itinerary Deviation: The Guest agrees that the Carrier has the sole discretion and liberty to direct the movements of the vessel, including the rights to: proceed without pilots and tow, and assist other vessels in all situations; deviate from the purchased voyage or the normal course for any purpose, including, without limitation, in the interest of Guests or of the vessel, or to save life or property; put in at any unscheduled or unadvertised port; cancel any scheduled call at any port for any reason and at any time before, during or after sailing of the vessel; omit, advance or delay landing at any scheduled or advertised port; return to port of embarkation or to any port previously visited if the Carrier deems it prudent to do so; substitute another vessel or port(s) of call without prior notice and without incurring any liability to the Guest on account thereof for any loss, damage or delay whatsoever, whether consequential or otherwise.
Basically the same thing as the airlines who don't pay compensation for missed events or work when flights are delayed.
 
Likes: AAGK
Aug 28, 2015
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#79
@Steven Marinoff I get your frustration. You have a lot of different options now. I also agree if you don't have plans to utilize the islandair credit, then you should not be forced to. @Realitoes is correct about the contract and I don't see how an arbitrator could disregard that provision, even if he was a more consumer friendly one. Also, if the parties split the cost for the arbitration, that could be more expensive than you anticipate and definitely more costly than a small claims filing fee.

I'm not that familiar with Iceland air but I wonder if there was any way you could use the credit. Of course you shouldn't go out of your way to do so but it's worth reaching out directly and asking for the amount and options. Perhaps the airline will give a partial refund in cash if you tell them you won't use it.
It must be substantial as your last minute one way flights were 4K.
 
Likes: jsn55

mmb

Verified Member
Jan 20, 2015
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#80
After reading ALL of this, it does just seem like pax are at the mercy under this and any similar circumstance.
For myself, if/when I book my next trip/cruise I will certainly consider giving lots of space before and after the 'booked/prepaid/out of my control' parts of the trip.
I have certainly learned a lot from reading these Forums. While they do take a lot of my time, I can state unequivocally that the time is well spent.