Freedom of the Seas, May 3, 2015 Not available for booking?

Sure! I'm no lawyer, but I tried to explain the issue as detailed as I could.

 

It's a lengthy letter, but this is what I've dealt with and want to let my frustration be heard!

 

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Back in December 2014, I joined a forum entitled Cruise Critic to find out more information regarding cruises since this Maxwell cruise would be my first cruise ever, and I was ecstatic to see Maxwell in concert along with other major celebrities at the same time.

 

I was very excited to be going on the cruise, until I discovered upon reading through Cruise Critic forum posts regarding the Maxwell & The Seven Seas cruise, that back in October 2014, Royal Caribbean Cruise Line had released the May 3 – 10, 2015 Freedom of The Seas cruise ship to the public. This cruise was supposed to be a full ship charter for Maxwell & The Seven Seas cruise customers, which was chartered by BTWconcerts / BTWatsea. As soon as I heard that it was released from its charter, I knew that there was going to be major event problems to transpire. In our contract for purchasing this unique cruise, we were promised a “full Maxwell & The Seven Seas experience”, which means that it was supposed to be a full ship charter, but no longer was one due to financial issues between BTWconcerts, and Royal Caribbean Cruise Line.

 

I was hoping to hear an update to the status of our Maxwell & The Seven Seas cruise from BTWconcerts since being notified of this issue on Cruise Critic, but no BTW representative contacted myself or my party that was cruising with me. Also, as per other non-Maxwell & The Seven Seas cruise customers that had booked cabins on the Freedom of The Seas Royal Caribbean cruise ship for May 3-10, 2015, they inquired about the ship being a full ship charter to Royal Caribbean Cruise Line, and they stated to them that it was no longer a full ship charter. However, when they contacted BTWconcerts, and asked if the cruise was a full ship charter, they were stating that it still was! There was a lot of confusion, passing the buck between the 2 companies, and misinformation between cruise customers, that I didn’t know who to believe. I quickly started to realize that the experience I was expecting from this cruise was exponentially turning into chaos.

 

It was then on February 2nd 2015 that I went on BTWatsea.com, and discovered that the entire website regarding the Maxwell & The Seven Seas Cruise was completely shut down with no explanation as to the status of our cruise! I panicked and went to Maxwell’s Facebook page to find out what was going on, and he finally explained the situation;

“The “Maxwell + The 7 Seas” cruise, previously scheduled for May 3-10, 2015 has unfortunately been cancelled due to unforeseen events and circumstances between the cruise line and promoter.”

“I’m so sorry that the 7 Seas cruise has been cancelled. I’ve been planning it for months, but the experience I had in mind for the fans just wasn’t turning out as I had envisioned” – Maxwell

Please contact BTWatsea.com for details. Phone: (602) 244-8444”

Then finally, many hours after reading Maxwell’s Facebook message, BTWatsea.com updated their website with the above message and the following;

“For current customers, BTWatsea.com will be contacting you for further details. If you wish, you may also fill out the form below and a representative from BTWatsea.com will contact you.”

I took the initiative and filled out my contact information so one of the BTW representatives would contact me. The next day, one of the representatives called me and finally explained the situation to me in full regarding the cancellation of the entire cruise, the breach of contract as to what the Maxwell & The Seven Seas promised to customers (full ship charter), the dispute between BTWconcerts and Royal Caribbean Cruise Line, and the disapproval of what Maxwell himself had envisioned for his fans.

 

The BTW representative then explained the options I had as to the funds I used for payment for the cruise ($3,045.00). Option 1 was 20% off the cost to one of the other BTWconcerts cruises that was still available, and option 2 was a full refund of the purchase price for the Maxwell & The Seven Seas cruise that was cancelled by them. I chose option 2 since the only reason I wanted to go on this cruise was for the experience of cruising with Maxwell, and being entertained by a wonderful array of musicians that I was already fans of.

 

I asked the BTW representative to send me an email clarifying the cancellation of the cruise on their end, which nullified their previous contract with customers that the cruise was “100% non-refundable.” The representative told me that it would take a few days to receive the email from them since they had to contact many other customers regarding the funds they used to purchase a cruise that was now cancelled.

 

On February 6 2015, I finally received the official email from BTWatsea.com regarding the cancellation. I was also informed by another BTW representative that their company BTWconcerts was now in litigation, and even though all customers who took option 2 for a full refund are guaranteed to get one, it will take a long time for refunds to be processed. So, the BTW representative advised that we contact Travel Guard insurance to file a claim so we could recoup funds that most likely will be tied up for months in litigation.

 

As per your Travel Guard policy, if we purchased travel insurance within 15 days of our initial trip deposit, we’re covered for trip cancellation / interruption due to bankruptcy and/or default coverage, and are entitled to 100% refund of the insured trip cost. Attached to this letter is my credit card bank statement with the correct dates of purchase for my Maxwell & The Seven Seas cabin on 8/22/2014 and my purchase of travel insurance from Travel Guard on 8/21/2014; purchased only one day earlier from paying for the cruise cabin in full.

 

In this circumstance, BTWconcerts is in default – has a material failure, or inability to provide contracted services due to financial insolvency – because of their breach of contract with Royal Caribbean Cruise Line. In laymen’s terms, BTWconcerts is now in default with Royal Caribbean Cruise Line, which means they will not be able to refund our due monies promptly since all of their finances are now tied up in litigation, and will be for the foreseeable future.

 

Unfortunately, I don’t have the luxury of being able to wait months to recoup thousands of dollars that was previously used to treat myself to a vacation of my dreams, which has now turned into a nightmare of litigation, frustration, and disappointment. BTWconcerts understands the need for a speedy refund process to appease customers, and has also informed me that they will be contacting your company to explain further the details regarding assisting customers in recouping funds in a timely manner.

 

Therefore, I’m putting in a claim with Travel Guard to recoup funds owed to me, which in no way am I responsible for a breach in contract with Travel Guard, or BTWconcerts’ policy, to be denied.

Thank you for your time, and I await your rapid response.

I too bought very expensive Travel Guard insurance for the Maxwell cruise. Unfortunately, when I looked into the cancellation provisions, the tour promoter has to be in financial default or declare bankruptcy. For Travel Guard purposes (they have a definition of financial default), the promoter has to cease all operations in order to be in financial default. In this case, that hasn't happened as the promoter is still saying they are putting on the Cancun Jazz Festival over labor day, as well as the San Diego Jazz festival in May. So, Travel Guard will not provide reimbursement for the cancelled cruise.

I too bought very expensive Travel Guard insurance for the Maxwell cruise. Unfortunately, when I looked into the cancellation provisions, the tour promoter has to be in financial default or declare bankruptcy. For Travel Guard purposes (they have a definition of financial default), the promoter has to cease all operations in order to be in financial default. In this case, that hasn't happened as the promoter is still saying they are putting on the Cancun Jazz Festival over labor day, as well as the San Diego Jazz festival in May. So, Travel Guard will not provide reimbursement for the cancelled cruise.

For those of you watching the Grammy Awards tonight...root for Gretchen Parlato & Gerald Albright to bring home a Grammy so we can celebrate with them on the Capital Jazz SuperCruise...if my girl Mindi Abair wins maybe(with any luck) that will be a sign that she will be announced in the line up in the near future (fingers crossed)

For anyone that cruises, the hardest part is staying focus & excited when your cruise is more than 6 -9 months out.....when one is on a full charter music cruise, the wait is made much easier by events such as the Grammy's and knowing that you will be hanging out with many artists that have been Grammy nominated or won

Following this thread and reading recent postings on Maxwell's FB page and being cognitive that many 1st time cruisers come to Cruise Critics to receive advise concerning their expectations for their 1st cruise...the Maxwell fiasco underscores even more the importance if a full charter music cruise (regardless of musical styles) is your 1st ever cruise, requires even more pre work prior to depositing to a 3rd party, to ensure you receive full value & protection, for your vacation investment and be alert to "red flags"

Among the many "red flags" for the Maxwell cruise, the one I found most incredible was the Maxwell FB posting that states the recent drydock of the FOS, "does not come up to Maxwell's standards ".....I have cruised on the FOS...beautiful ship...makes me wonder did Maxwell actually inspect the FOS, prior to signing of the charter contract and if it met his standards then, how does a drydock upgrade change that..only conclusion I can reach is that the promoter is greedy and now is paying "the piper"...IMHO, to try to deflect blame to Royal Carribbean is very unprofessional and in no way should reflect on the many professional music charter promoters and the excellent working relationships they have with the Cruise lines

A first time music charter cruiser IMHO should utilize Cruise Critics as one of many vetting sources in their process...clearly understand the difference between a full charter and a private group on a regular sailing...when possible speak with friends, co workers who have actually been on a full charter music cruise (good sign is they are repeat guests)...seek out a travel agency that specializes in putting their clients on these types of music charters...touch base with your radio station that plays your favorite artists in their rotation (very often they will sponsor groups)...ask questions before you select a company for your travel insurance to ensure you are clear in understanding the refund process for a charter...understand the cruise line does not recognize you as a guest until the promoter pays in full and turns over their manifest...if an unknown or 1st time promoter in the cruise charter business, check with your State's BBB or AG office to see if any complaints on file...be very leary of a promoters "hype"....i.e. Maxwell's exclusive VIP Experience which the promoter offers for a premium fee above and beyond your cruise fare.....if I am paying $6K for an inside cabin, I feel that makes everyone a VIP...lol...by speaking with someone who has actually been on a previous sailing, ask them how they actually interacted with their favorite artists....understand if your friends have been on a regular cruise, but never a private full chsrter...your experience will be very different then theirs...extra work on the part of a 1st timer, but well worth the effort....once onboard your 1st music charter, you will probably book for the next year, by the 3rd day you are onboard

Following this thread and reading recent postings on Maxwell's FB page and being cognitive that many 1st time cruisers come to Cruise Critics to receive advise concerning their expectations for their 1st cruise...the Maxwell fiasco underscores even more the importance if a full charter music cruise (regardless of musical styles) is your 1st ever cruise, requires even more pre work prior to depositing to a 3rd party, to ensure you receive full value & protection, for your vacation investment and be alert to "red flags"

Among the many "red flags" for the Maxwell cruise, the one I found most incredible was the Maxwell FB posting that states the recent drydock of the FOS, "does not come up to Maxwell's standards ".....I have cruised on the FOS...beautiful ship...makes me wonder did Maxwell actually inspect the FOS, prior to signing of the charter contract and if it met his standards then, how does a drydock upgrade change that..only conclusion I can reach is that the promoter is greedy and now is paying "the piper"...IMHO, to try to deflect blame to Royal Carribbean is very unprofessional and in no way should reflect on the many professional music charter promoters and the excellent working relationships they have with the Cruise lines

 

A first time music charter cruiser IMHO should utilize Cruise Critics as one of many vetting sources in their process...clearly understand the difference between a full charter and a private group on a regular sailing...when possible speak with friends, co workers who have actually been on a full charter music cruise (good sign is they are repeat guests)...seek out a travel agency that specializes in putting their clients on these types of music charters...touch base with your radio station that plays your favorite artists in their rotation (very often they will sponsor groups)...ask questions before you select a company for your travel insurance to ensure you are clear in understanding the refund process for a charter...understand the cruise line does not recognize you as a guest until the promoter pays in full and turns over their manifest...if an unknown or 1st time promoter in the cruise charter business, check with your State's BBB or AG office to see if any complaints on file...be very leary of a promoters "hype"....i.e. Maxwell's exclusive VIP Experience which the promoter offers for a premium fee above and beyond your cruise fare.....if I am paying $6K for an inside cabin, I feel that makes everyone a VIP...lol...by speaking with someone who has actually been on a previous sailing, ask them how they actually interacted with their favorite artists....understand if your friends have been on a regular cruise, but never a private full chsrter...your experience will be very different then theirs...extra work on the part of a 1st timer, but well worth the effort....once onboard your 1st music charter, you will probably book for the next year, by the 3rd day you are onboard

Among the many "red flags" for the Maxwell cruise, the one I found most incredible was the Maxwell FB posting that states the recent drydock of the FOS, "does not come up to Maxwell's standards "

I missed this! Where is it posted?!

A posting on Maxwell's FB page

A posting on Maxwell's FB page

I've found where someone posted that it's the Maxwell camp's position, but nothing where anyone from the Maxwell camp stated the position themselves. Have posts been removed?

At this juncture, nothing would surprise me...if there is pending litigation, it would be prudent for the Maxwell Camp not to make a paper trail

This has got to be stressful for the guests impacted by this situation...the time between final payment and the actual cruise date, should be an exciting time ...not trying to figure out how to obtain $$$ back

I have Faith for the guests, the situation is resolved quickly and the Maxwell Camp (BTW) will

find a legal resolution

I too bought very expensive Travel Guard insurance for the Maxwell cruise. Unfortunately, when I looked into the cancellation provisions, the tour promoter has to be in financial default or declare bankruptcy. For Travel Guard purposes (they have a definition of financial default), the promoter has to cease all operations in order to be in financial default. In this case, that hasn't happened as the promoter is still saying they are putting on the Cancun Jazz Festival over labor day, as well as the San Diego Jazz festival in May. So, Travel Guard will not provide reimbursement for the cancelled cruise.

In the Travel Guard contract I read and have on file, it said nothing about that the company has to "cease all operations" in order to be considered in default. That most likely would occur if BTWconcerts were entirely bankrupt and had to liquidate all their assets.

And in any case, those other events has nothing to do with what is transpiring between BTWconcerts, and RCCL.

I don't know the specs, but if they could refund our money expeditiosly, why wouldn't they do so if they had the funds available? By that definition, it concludes that they truly are in default!

It's just like if you miss a mortgage payment, the bank would say that you're in default. You might not be by any means "bankrupt", you may just not have the funds right now to pay.

However, if you consciously withhold funds just because you simply don't want to pay your mortgage, that would be witholding funds for devious purposes. If you can't pay the mortgage, you will be evicted and your home will be forclosed.

If BTWconcerts is in litigation with RCCL (or with any other company for that matter)as they told me by phone, then that means the funds that were supposed to be used to refund our money for this particular event is tied up in the court system. If they aren't truly "in default," or in litigation, then there really shouldn't be any delay in refunding our money in a prompt manner. In other words, they would be witholding our funds illegaly, which would lead me to believe their whole company is criminally fradulent, and has a huge lawsuit on their hands!

In any case, I don't really care what's going on with their company, nor who gives me my money back. I actually hope BTWconcerts gets shut down because their customer service has been crap thusfar!

If the travel insurance company analyst decides to refund my money, then fine. If BTWconcerts gets their head out their ass and returns my money very, very soon, then fine. If my credit card company decides to return my money, then fine. Just as long as I get my money back, I'll be fine.

Untill then, there's hell to pay.

If you google Travel Guard and go to their own website, there is a glossary of terms. One of the terms defined by Travel Guard is 'financial default,' as I have excerpted from their site below:

"Financial Default - A tour operator or cruise or airline going out of business with or without filing bankruptcy. "

"Financial Default" means the total cessation of operations due to insolvency, with or without a filing of a bankruptcy petition by a tour operator, ..."

If you google Travel Guard and go to their own website, there is a glossary of terms. One of the terms defined by Travel Guard is 'financial default,' as I have excerpted from their site below:

 

"Financial Default - A tour operator or cruise or airline going out of business with or without filing bankruptcy. "

 

"Financial Default" means the total cessation of operations due to insolvency, with or without a filing of a bankruptcy petition by a tour operator, ..."

I'm not going by any Google searches, I'm going by the policy that was given to me in PDF by Travel Guard themselves after I purchased their insurance. I'm not sure what policy you were given, but the one I received was for New York residents, and the previous posts above that I gave to Travel Guard regarding their policy are quoting the exact words that were written there. Nothing said that all cessation of operations is equal to financial default. What you're describing sounds more like bankruptcy rather than financial default.

In whatever case, it's up to the Travel Guard analyst whether or not they refund my funds or not.

If you plan to just wait it out until BTWconcerts refunds your money (or not) then by all means, do so. I wish you luck. But stating that Travel Guard isn't going to refund my money isn't going to deter me from making out claims to everyone involved in this fiasco to get my money back as quickly as possible.

You're not a Travel Guard analyst, or anyone to review my claim to make that decision, or know what they're going to do either way.

I contacted American Express. I was only able to dispute the December payment because it was not past 60 days. I will be filing a claim with Travel Guard, but I think this will be unsuccessful. Also, I will be filing a claim with the Attorney General's office in Arizona.

Well, I got credited the Maxwell cruise funds by my credit card company as they investigate as to the reason why BTWconcerts will not refund my money right away.

I'm still waiting on a response from Travel Guard as to whether or not they'll grant me a refund.

All I care about though is that now that I filed a claim with my credit card company, my bank will make sure I get my money back if they discover that this company is a sham! Then BTWconcerts will have to deal with the bank to reimburse them the funds they were supposed to give me!

Glad you are making progress

So soon you will be able to join us on the Carnival Liberty Roll Call thread for the CJSC9....think you will love the line up thus far (bear in mind only about 1/2 of the artist line up has been announced)....would not be surprised in the least if a few artists from the Maxwell line up joins us

I just saw a story on our local news about a retired couple who had booked the charter cruise as an anniversary present for themselves. So I was curious as to more of the story and did a little googling and found a blogger who linked to this thread. She had some reservations as she knew that the fare was exorbitant compared to music cruises she has been on, apparently. This was a first time cruise for this company so that's a red flag.

I just saw a story on our local news about a retired couple who had booked the charter cruise as an anniversary present for themselves. So I was curious as to more of the story and did a little googling and found a blogger who linked to this thread. She had some reservations as she knew that the fare was exorbitant compared to music cruises she has been on' date=' apparently. This was a first time cruise for this company so that's a red flag.[/quote']

 

If the blog post name was "On Maxwell & the Seven Seas" and it was on a Wordpress site, that'd be mine. I wrote a fairly lengthy post about it.

I found the article from NBC. It's here: http://www.nbclosangeles.com/investigations/Cruise-Nightmare-for-Southern-California-Couple-294297501.html

The article and the quote by Royal Caribbean confirms what the folks here have surmised: BTW did not pay Royal Caribbean, and the rest is history.

One thing to mention: David Payne is NOT the head of BTW Concerts, unless something happened in that company that I missed. However, he may be related to Payne Pest Management, whom I know sponsors a lot of events around CA and the general Southwest area.

This really puts a face on BTW's actions and how disappointed this couple is -- especially for a special occasion

Here's an article about the couple and their anniversary cruise:

http://www.nbclosangeles.com/investigations/Cruise-Nightmare-for-Southern-California-Couple-294297501.html

I cannot imagine paying $12,000 for a regular balcony or inside cabin for a 7 day cruise.

 

I cannot imagine paying $12,000 for a regular balcony or inside cabin for a 7 day cruise.

Charter cruises generally cost more than regular cruises, but I have yet to see a price tag like this for anything less than an owner's suite on board a charter cruise... I'd love to have a balcony cabin on a charter, but on my charter of choice, it'll cost me about half of that - and I travel alone!

Solo cruisers generally shell out more, but even with that, there's a limit...

Here's an article about the couple and their anniversary cruise:

 

http://www.nbclosangeles.com/investigations/Cruise-Nightmare-for-Southern-California-Couple-294297501.html

 

I cannot imagine paying $12,000 for a regular balcony or inside cabin for a 7 day cruise.

LadyMage posted that same link here last night.

And, the $12,000 is just the payments they had already made towards the $16,000 total! :eek:

Charter cruises generally cost more than regular cruises, but I have yet to see a price tag like this for anything less than an owner's suite on board a charter cruise... I'd love to have a balcony cabin on a charter, but on my charter of choice, it'll cost me about half of that - and I travel alone!

 

Solo cruisers generally shell out more, but even with that, there's a limit...

A balcony on the Tom Joyner cruise for 2 peoplel goes for around $8000-$9000, and as I've stated before...half of that is tax deductible!

I'd be paying $5100 for a balcony on Capital Jazz by myself - and considering next year's the 10th Anniversary, I may be tempted to splurge on that! :)