NCL's Deceptive Letter to Gem Passengers

[ParrothdJH]

Just off the Gem today.

 

As some may have heard, there were engine problems on our sailing resulting in one port (San Juan) being canceled and replaced by a day at sea.

 

NCL delivered a letter to all passengers informing them of the itinerary change and stating that each cabin would receive a $75 onboard credit due to the inconvenience.

 

In fact, upon further questioning of the reception staff, it was learned that the $75 credit was, in reality, a refund of the port taxes for San Juan.

 

So, NCL was only refunding what they were legally required to refund, yet the letter made it seem as if we were being compensated for missing a port.

 

I realize that NCL's passenger contract allows them to skip ports for no reason and with no compensation. But it was deceptive to write a letter like that wrongly suggesting that they WERE compensating us when in fact they were merely refunding our port charges.

 

Lots of people were angry about this - personally, I would have been ok if they just came out and stated that they were refunding the port charges. But the way they did it left a bad taste in my mouth.

Don't understand what your complaint is. OBC or port charge refund, same money. Some people have to complain about something to be happy

[rusty0769]

I was also on this Gem cruise. The staff was hit or miss the first 2 days for some reason. They were great the rest of the trip though. It was disappointing to miss PR but what can you do. I thought the $75 was fair and that they did keep us somewhat informed about the situation. My one major complaint about the ship is the buffet. Now the food was not bad they just never changed any of the dishes from day to day. And when i say nothing i mean absolutely nothing except for the flavors of ice cream they have available. They had the same lunch menu and dinner menu every day.With a few different stations for dinner but even these were the same everyday. There was also very limited seating at the buffet because half of the seating is outside and nobody is going to sit outside in 20 degree weather. Now on the other hand the dining room lunches and dinners were varied, served hot, and were very good compared to some other ships MDR.

[Globaliser]

Thank God we have the government to protect us and work for the people.

Oh, yes, I can see the government getting really excited over the prospect of nailing a cruise line for ... well, let me see:-

• refunding a small amount of port charges;
• paying you a much larger whack of voluntary compensation on top, which they didn't have to pay;
• writing you a letter which they didn't have to write;
• fraudulently concealing, in that letter, the fact that a small proportion of what you were paid was port charges rather than it all being compensation.

I can see that this is clearly a very important complaint which must take a high level of priority. Yes, really exciting and ground-breaking stuff.

[hamrag]

NCL delivered a letter to all passengers informing them of the itinerary change and stating that each cabin would receive a $75 onboard credit due to the inconvenience.

 

In fact, upon further questioning of the reception staff, it was learned that the $75 credit was, in reality, a refund of the port taxes for San Juan.

 

So, NCL was only refunding what they were legally required to refund, yet the letter made it seem as if we were being compensated for missing a port.

 

According to your OP, the letter advised you were being compensated $75 for the inconvenience of missing a port (due to circumstances outwith the control of NCL). The compensation given approximated very roughly your cabin occupants proportion of port taxes, plus a little more (to buy yourselves a couple of drinks each??). Surely, as you say the letter implied, that indeed was you being compensated for missing a port?

 

Am I missing something here?

[terrymtex01]

Well, now that the discussion has morphed into whether or not the cruise lines are obligated to refund port taxes for missed ports, let me speak on that.

 

Although perhaps "well known" on these boards, I disagree that the cruise lines are not obligated to refund port charges when a port is skipped. Now, it may be the cruise line's position that they are not obligated to do so (However, Carnival, as shown by an earlier post of mine, has a written policy stating that they will refund port charges for missed ports).

 

But the cruise line's position is not always correct, as we have seen many times as a result of government action and lawsuits.

 

For those who have missed ports and not gotten a refund, you certainly, in my opinion, could very well have a cause of action. If the cruise line is collecting such fees and taxes from the passenger merely as an intermediary to remit them to the port government, then they certainly cannot keep the fees if they do not remit them.

 

For example, a friend of mine was scheduled to cruise on a Royal Carribean ship earlier this year. At the last moment, she could not make it and did not show up for the cruise. As per the passenger contract, she would lose everything she paid.

 

Surprise, surprise. A few weeks later, she got a credit on her credit card for $186 from the cruise line. When she called to ask what it was for, they told her it was the port charges that they were legally obligated to return to her. She got the refund without even asking for it.

 

Bottom line is until the government or courts say otherwise, they are not obligated to refund your port fees, taxes or anything else as agreed upon by you when you purchsed the ticket.

[cruisersflife]

it also depends on who and how loudly you complain.Some take it stride while others go complain like the world gonna come to a end ,They give you some kind of credit to shut you up.

[Sooners]

Some people have to complain about something to be happy

 

You got that right!

[halos]

...nevermind

[defreeze]

Oh, by the way, I took my $75 credit and used it to take my family to McDonald's in St. Maarten because the buffet food was just not up to par.

[SeaShark]

Well, now that the discussion has morphed into whether or not the cruise lines are obligated to refund port taxes for missed ports, let me speak on that.

 

Although perhaps "well known" on these boards, I disagree that the cruise lines are not obligated to refund port charges when a port is skipped. Now, it may be the cruise line's position that they are not obligated to do so (However, Carnival, as shown by an earlier post of mine, has a written policy stating that they will refund port charges for missed ports).

 

But the cruise line's position is not always correct, as we have seen many times as a result of government action and lawsuits.

 

For those who have missed ports and not gotten a refund, you certainly, in my opinion, could very well have a cause of action. If the cruise line is collecting such fees and taxes from the passenger merely as an intermediary to remit them to the port government, then they certainly cannot keep the fees if they do not remit them.

 

For example, a friend of mine was scheduled to cruise on a Royal Carribean ship earlier this year. At the last moment, she could not make it and did not show up for the cruise. As per the passenger contract, she would lose everything she paid.

 

Surprise, surprise. A few weeks later, she got a credit on her credit card for $186 from the cruise line. When she called to ask what it was for, they told her it was the port charges that they were legally obligated to return to her. She got the refund without even asking for it.

 

I must have missed this. Didn't she come running to Cruise Critic to complain endlessly about the "deceptive" manner in which the $186 was credited to her account? :eek:

 

 

Oh, by the way, I took my $75 credit and used it to take my family to McDonald's in St. Maarten because the buffet food was just not up to par.

 

 

I really think this post sums it all up. I just don't know which is the appropriate response:

 

#1 - Wow! A $75 meal at McDonald's! Your family must really be special to you! :rolleyes:

 

or

 

#2 - You take your family on vacation where you've promised to feed them in nice restaurants on the cruise ship and then they end up eating at McDonalds? How long till they all come here and complain about your "deceptive" vacation plans? :rolleyes:

[Sooners]

Oh, by the way, I took my $75 credit and used it to take my family to McDonald's in St. Maarten because the buffet food was just not up to par.

 

Good for you! Nothing like searching out some nice local food.:rolleyes:

[billie5]

You know, one has to admit that Defreeze is a pretty clever guy.

 

Admittedly, he made a mistake or two in his initial posting. It seems that he believed the $75 was all for port charges, because someone told him that (or he misunderstood/misinterpreted what he heard). Further, he began his rant about a letter not being written exactly as he would have written it. As for the obvious, that $75 was too high (and not p.p.) to be port charges, well, we all write notes occasionally which were not thoroughly thought out.

 

However, his complete intransigence in admitting that he appeared to have goofed in his initial assumptions, and that perhaps the NCL letter was not exactly misleading, those are the only reasons his otherwise mistaken posting has now extended to 135 posts (unless someone else has gotten in while I am writing this:))

 

Come to think of it, my posting this may just encourage him to come up with additional misinformed threads. What to do?

 

Bill

PS: Defreeze, I agree with you both about unenforceable contracts and about the possibility that not returning well-defined port charges might violate statute, not that this would stop companies from doing it until otherwise ordered by the court. Of course, your failure to admit your obvious errors is likely to make most people doubt everything else you write.

[RambleRocket]

After reading this whole thread, I am still not sure what the OP is complaining about. $75 was credited, more than required. Personally, I would take it and run with it before they had the chance to change their mind :) The port charges were $13.25. If you don't want the rest, you could always give it back. :D Be thankful you received extra and let it go.

[newmexicoNita]

Oh, by the way, I took my $75 credit and used it to take my family to McDonald's in St. Maarten because the buffet food was just not up to par.

 

can't cha find something else to complain about? You know this is getting a little rediculous. You didn't like the cruise, enough said, find another line: you got $75 OBC, no one is going to convince you that was more than the port charges because you are sure you got screwed or at least you didn't like the explanation. Does it really make a difference?

 

Nita

[halos]

Oh, by the way, I took my $75 credit and used it to take my family to McDonald's in St. Maarten because the buffet food was just not up to par.

 

That quite sums it up. I wish you'd have told us that from the beginning...it would have saved us a little bit of our time.

[GrammyEm]

Missed a port once while travelling with the grandchildren. That night when we met the Captain, I told him that if we missed any more ports I was sending the grandchildren to him for entertainment. Didn't miss any more ports!!!

[IMCROOZING]

I was also on this Gem cruise. The staff was hit or miss the first 2 days for some reason. They were great the rest of the trip though. It was disappointing to miss PR but what can you do. I thought the $75 was fair and that they did keep us somewhat informed about the situation.

 

I was told by 2 different "credible" staff members(not crew) that the 1 night cruise to nowhere before we embarked, many passengers were still partying from New Years and made for a LONG night of cleaning up...also, they had an inspection following that and the staff and crew were wiped out!! :eek:

All in all, for myself and family, we had a great time, and an even better time smiling at the poeple that wanted to be nothing but miserable!! (although we could've done without the John Denver music in Bar City...just drove me to spend more money on drinks!!) :D

[blindrid]

FYI: From the December 10th, 2009 edition of the Puerto Rico Daily Sun :

 

"Cruise ship activity at the San Juan port may be picking up in coming weeks in the wake of a settlement agreement between the Ports Authority, the Puerto Rico Tourism Company and Carnival Corporation & PLC that put an end to a five-year dispute.

On Wednesday, local government officials announced the parties had signed an agreement in Miami whereby Carnival will pay some $12 million in passenger fees it owed since the government implemented a revised fee structure in 2005.

The revision included an increase in port fees from $10.50 to $13.25 per passenger, a charge Carnival refused to pay and challenged in court. The cruise line also refrained from using San Juan as a homeport for its cruise ships, causing a significant drop in business for Puerto Rico." ........

 

http://www.prdailysun.com/news/Govt-Carnival-end-port-fees-dispute

[smeyer418]

FYI: From the December 10th, 2009 edition of the Puerto Rico Daily Sun :

 

"Cruise ship activity at the San Juan port may be picking up in coming weeks in the wake of a settlement agreement between the Ports Authority, the Puerto Rico Tourism Company and Carnival Corporation & PLC that put an end to a five-year dispute.

On Wednesday, local government officials announced the parties had signed an agreement in Miami whereby Carnival will pay some $12 million in passenger fees it owed since the government implemented a revised fee structure in 2005.

The revision included an increase in port fees from $10.50 to $13.25 per passenger, a charge Carnival refused to pay and challenged in court. The cruise line also refrained from using San Juan as a homeport for its cruise ships, causing a significant drop in business for Puerto Rico." ........

 

http://www.prdailysun.com/news/Govt-Carnival-end-port-fees-dispute

 

but you need to read further

 

incentives=rebates.

 

"Those incentives are available through the 2005 Cruise Ship Incentives Law, which is in effect until 2011.

Puerto Rico currently offers five incentives: a destination incentive, which is $2.95 for every passenger paying the $13.25 port tariff; the homeport frequency incentive, which is $1 per passenger for cruise ships that use San Juan as a home port for a minimum of 20 days for six consecutive months; the in-transit time in port incentive, 85 cents per passenger in cruise ships in transit that dock in the port of San Juan for at least eight hours; the passenger volume incentive, which is $2 per port tariff paying passengers for 10,000 to 139,999 people and $4.50 for port tariff paying passengers of 140,000 and more, as well as the provisioning incentive, which provides a 10 percent discount toward local food and beverage purchases for every cruise ship docking in San Juan and an additional 5 percent discount on products manufactured in Puerto Rico."

 

 

You want to bet if those are returned? BTW this is for the actual use of the pier I believe. it doesn't include everything that the cruise lines include in port charges for a port. We have had this discussion before. Port charges include pilotage, wharfage and lots of other things. Some of the cruise lines use the lower fee after rebate some use the higher. The chances they will actually tell you is pretty small. Its a trade secret.

[defreeze]

Now I wished we had stopped in San Juan!!!! I could have petitioned to have all those rebates returned to me. Life stinks.

[BikerAl]

Now I wished we had stopped in San Juan!!!! I could have petituioned to have all those rebates returned to me. Life stinks.

 

Please go away, enough already.

 

Al

[cruzndiz]

wouldn't it be super funny if defreeze was really just a 12 year old boy yanking everyone's chains here??:eek:

[swedish weave]

wouldn't it be super funny if defreeze was really just a 12 year old boy yanking everyone's chains here??:eek:

 

Are you talking mental age or years ?? :D:D