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Norwegian Sun Passengers Steamed Over Altered Cruise -- But Do They Have a Case?


LauraS

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Yeah, that's a great way to run a busines. :rolleyes:

 

I can just see American Airlines taking a plane load of passengers bound for Dallas instead start their descent into Little Rock when the captain comes on the intercom...

 

"Well, folks...we're having some technical difficulties and running a little low on fuel so we're going to set down in Little Rock rather than Dallas. The flight attendants are going to come through the cabin and give everyone some more peanuts and rum punch and a $25 voucher for a future flight on American Airlines. We hope y'all enjoy Little Rock and remember, ship happens."

 

This reminds me of the flight from New Jersey To Ireland last week that DID landed in Boston instead .

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Oh, I forgot to point out a very important thing in your flawed "logic."

 

A class action lawsuit like this would not cost the plaintiffs one dime. The attorneys would take the case on a contingency fee and collect a percentage of the settlement or judgement against the defendant. Even if the plaintiffs would not prevail against NCL it would not cost them one red cent.

 

We all know If there was an Attorney out there that thought he could win this suit He would be knocking on your door already with a commercial on T.V.

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As I posted on Carnival board regarding the recent loss of the Jamaica call.....

 

January 2006.

 

The birth month of mob mentality on board a cruise ship, when passengers threw a massive tantrum aboard QM2 after she hit a pod coming out of Pt Lauderdale and had to miss the Caribbean islands and go straight to Rio de Janeiro. A bunch of them held Commodore Warwick hostage in the theater until he had confirmation of a full refund plus compensation for missed ports.

 

The old 'I do not go cruising to be at sea all the time' brigade.

 

Cunard capitulated and did as demanded, ever since then every cruise passenger with an axe to grind over a missed port, bad weather or any spurious 'problem' has resorted to mob mentality & stamping their little feet, throwing their toys out of the playpen and demanding refunds, compensation etc.

 

Last year my cruise on Costa Allegra experienced similar problems. We could not go to Sharm el Sheikh due to the quay being damaged by the then Costa Europa fatal accident. So rather than have another day at sea, the company arranged for us to go to Hurghada for the day. Oh the tantrums...'we paid to go to Sharm', 'we demand to see the captain', we think it is unsafe to tender to ports'...etc etc etc

 

Needless to say that Costa stood firm and refused to give in to the mob, but that did not stop the mob from reducing one crewmember to tears when they cornered her and refused to let her leave a room til they had their say...expletives and all. I helped another member of crew in rescuing the poor lass who was a complete nervous wreck afterwards. There is absolutely no excuse for that sort of behaviour by anyone...its bad enough to see bullying in a school playground but its disgraceful to see supposedly grown adults do it over something as trivial as a port change on a cruise.

 

No port is ever guaranteed, they are subject to all manner of things.....and those who use the mob mentality to get their own way are just disgusting creatures who should be banned from ever stepping foot on a cruise ship again IMHO.

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I couldn't get you link to work. You might want to edit it using the link function at the top of the box.

 

Ah...it has an extra http:// in the address.

 

This is even more interesting to read...

 

http://www.cruiselawnews.com/

 

Wow!

 

http://www.cruiselawnews.com/articles/worst-cruise-line-in-the-world/

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As I posted on Carnival board regarding the recent loss of the Jamaica call.....

 

January 2006.

 

The birth month of mob mentality on board a cruise ship, when passengers threw a massive tantrum aboard QM2 after she hit a pod coming out of Pt Lauderdale and had to miss the Caribbean islands and go straight to Rio de Janeiro. A bunch of them held Commodore Warwick hostage in the theater until he had confirmation of a full refund plus compensation for missed ports.

 

The old 'I do not go cruising to be at sea all the time' brigade.

 

Cunard capitulated and did as demanded, ever since then every cruise passenger with an axe to grind over a missed port, bad weather or any spurious 'problem' has resorted to mob mentality & stamping their little feet, throwing their toys out of the playpen and demanding refunds, compensation etc.

 

Last year my cruise on Costa Allegra experienced similar problems. We could not go to Sharm el Sheikh due to the quay being damaged by the then Costa Europa fatal accident. So rather than have another day at sea, the company arranged for us to go to Hurghada for the day. Oh the tantrums...'we paid to go to Sharm', 'we demand to see the captain', we think it is unsafe to tender to ports'...etc etc etc

 

Needless to say that Costa stood firm and refused to give in to the mob, but that did not stop the mob from reducing one crewmember to tears when they cornered her and refused to let her leave a room til they had their say...expletives and all. I helped another member of crew in rescuing the poor lass who was a complete nervous wreck afterwards. There is absolutely no excuse for that sort of behaviour by anyone...its bad enough to see bullying in a school playground but its disgraceful to see supposedly grown adults do it over something as trivial as a port change on a cruise.

 

No port is ever guaranteed, they are subject to all manner of things.....and those who use the mob mentality to get their own way are just disgusting creatures who should be banned from ever stepping foot on a cruise ship again IMHO.

 

Again, it wasn't just one port and it wasn't due to causes of nature or acts of God, it was due to the failure of equipment under the control of NCL.

 

And no one here is engaged in "mob mentality," but the aggrieved parties do need to engage in "class action."

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Again, it wasn't just one port and it wasn't due to causes of nature or acts of God, it was due to the failure of equipment under the control of NCL.

 

And no one here is engaged in "mob mentality," but the aggrieved parties do need to engage in "class action."

 

The QM2 incident in 2006, which started all this nonsense about getting compensation & refunds for the slightest little thing, was down to losing about 4-5 ports tween Florida and Brazil due to an azipod getting beat up after hitting the sandbank outside Lauderdale. Caused slow sailing and missed ports of call.

 

I saw video of the 'performance' in the theater where Commodore Warwick was berated and insulted and essentially held hostage by what was nothing less than a baying mob.

 

No port is EVER guaranteed on a cruise, you book & pay for a set number of days on the ship. If by chance the number of days turns out to be less, then you get compensated according to how many days are lost...but no cruise line is obliged to give anyone anything.

 

When I saw the mob who cornered this young crewmember in the corner of the room, reducing her to tears over a single port change on a 33 day cruise...I was absolutely furious...and very ashamed too.

 

How dare anyone behave like that?

 

That behaviour is totally uncalled for as is these so-called class action suits driven by self-centered (ie ME ME ME) greed.

 

You had a cruise, you got fed & watered, you had a bed to sleep on at night....end of story. If that cruise did not match up to your expectation, well tough, get over it...there are far more important issues in this world that deserve being upset over.

 

Missing a port is trivial compared to hardships in life. Just like those who moaned about missing the ports in Egypt...think about it...there you are, lapped in luxury, waited on hand & foot, fed & watered...wanting for nowt....while people are struggling to survive in cities that are being ripped apart by unrest and riots, in a country already poverty stricken.

 

Who has the most reason to whinge and whine over a few missed ports now?

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Oh, I forgot to point out a very important thing in your flawed "logic."

 

A class action lawsuit like this would not cost the plaintiffs one dime. The attorneys would take the case on a contingency fee and collect a percentage of the settlement or judgement against the defendant. Even if the plaintiffs would not prevail against NCL it would not cost them one red cent.

 

I cannot envision any class action lawyer (or even any contingency plaintiffs' lawyer), and I know many, taking such a case. Even if, for the sake of argument, it was a good case, the payoff could never equal the costs. Why do you suppose lawyers are willing to advance the costs of a suit? In case it is unclear, it is because they think the result will justify the expense.

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it was due to the failure of equipment under the control of NCL.

 

 

I guess that's where the core of the disagreement is- you believe that fact alone establishes negligence on the part of NCL and the rest of us do not believe that to be the case.

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I cannot envision any class action lawyer (or even any contingency plaintiffs' lawyer), and I know many, taking such a case. Even if, for the sake of argument, it was a good case, the payoff could never equal the costs. Why do you suppose lawyers are willing to advance the costs of a suit? In case it is unclear, it is because they think the result will justify the expense.

 

Hundreds and hundreds of people? Punitive damages?

 

Again, this is a no win situation for NCL and they would be very foolish to let it go to trial instead of settling it.

 

In the [edited] words of Fred Thompson during the Watergate investigation...

 

"What did the Captain know and when did he know it?"

 

Did he leave port on December 4th with all those passengers knowing his ship was not capable of making it to the agreed upon ports?

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I guess that's where the core of the disagreement is- you believe that fact alone establishes negligence on the part of NCL and the rest of us do not believe that to be the case.

 

Do you think the Captain knew his ship was not capable of making the agreed up cruise when he set sail on December 4th and in a sense was holding them hostage?

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The QM2 incident in 2006, which started all this nonsense about getting compensation & refunds for the slightest little thing, was down to losing about 4-5 ports tween Florida and Brazil due to an azipod getting beat up after hitting the sandbank outside Lauderdale. Caused slow sailing and missed ports of call.

 

I saw video of the 'performance' in the theater where Commodore Warwick was berated and insulted and essentially held hostage by what was nothing less than a baying mob.

 

No port is EVER guaranteed on a cruise, you book & pay for a set number of days on the ship. If by chance the number of days turns out to be less, then you get compensated according to how many days are lost...but no cruise line is obliged to give anyone anything.

 

When I saw the mob who cornered this young crewmember in the corner of the room, reducing her to tears over a single port change on a 33 day cruise...I was absolutely furious...and very ashamed too.

 

How dare anyone behave like that?

 

That behaviour is totally uncalled for as is these so-called class action suits driven by self-centered (ie ME ME ME) greed.

 

You had a cruise, you got fed & watered, you had a bed to sleep on at night....end of story. If that cruise did not match up to your expectation, well tough, get over it...there are far more important issues in this world that deserve being upset over.

 

Missing a port is trivial compared to hardships in life. Just like those who moaned about missing the ports in Egypt...think about it...there you are, lapped in luxury, waited on hand & foot, fed & watered...wanting for nowt....while people are struggling to survive in cities that are being ripped apart by unrest and riots, in a country already poverty stricken.

 

Who has the most reason to whinge and whine over a few missed ports now?

 

Well, that is your opinion and you are certainly entitled to it (no matter how wrong it may be), but my opinion is the Captain knew his ship was not capable of making the agreed upon journey BEFORE he left port on December 4th and in essence was holding the passengers hostage.

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Yeah, that's a great way to run a busines. :rolleyes:

 

I can just see American Airlines taking a plane load of passengers bound for Dallas instead start their descent into Little Rock when the captain comes on the intercom...

 

"Well, folks...we're having some technical difficulties and running a little low on fuel so we're going to set down in Little Rock rather than Dallas. The flight attendants are going to come through the cabin and give everyone some more peanuts and rum punch and a $25 voucher for a future flight on American Airlines. We hope y'all enjoy Little Rock and remember, ship happens."

 

Your analogy's make me laugh!!!!! Working for a major airline I'll say this. They wouldn't leave you in LIT you'd be put on another airline or they'd bus you to DFW to fulfill their contract. Sure people would be upset...missed a business meeting....a wedding. They're not gonna give you all your money back, a free trip to where ever, plus a free night at the Ritz, just because... Life is full of disappointments!! Which can be defined as 'a different out come then one expected' If any company e.g. airline, NCL, Ruth Chris....we're to operate like how you think they should...we'd all be in a soup line !!!! Your aurgument is not logical.

Any of the malcontents on this cruise missed the big picture..95% of the world doesn't have the means to cruise, we here do. No matter a missed port or not. Go up on the deck watch the water, the sunset, have a drink with some new found friends and be thankful your not the other 95% ;)

READ...

Itinerary Changes

 

In the event of strikes, lockouts, stoppages of labor, riots, weather conditions, mechanical difficulties or any other reason whatsoever, NCL has the right to cancel, advance, postpone or substitute any scheduled sailing or itinerary without prior notice. NCL shall not be responsible for failure to adhere to published arrival and departure times for any of its ports of call. NCL may, but is not obliged to, substitute another vessel for any sailing and cannot be liable for any loss to passengers by reason of such cancellation, advancement, postponement or substitution. Reservations are subject to change or cancellation in the event of a full-ship charter, and in such event, NCL shall refund all passage moneys paid by the passenger.

 

Good luck in court:D:D If I'm on the Jury.....I'm gonna side with the cruise line and say "Make the malcontents walk the plank!!!".:cool:

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the Qm2 thing is different. Most of the passengers were British or from EC markets. According to their consumer protection laws, they are entitled to full refunds for the slightest missed port(with very limited exceptions) or other similar issue. You will notice a lot of complaints from these same people who want a full refund about having to pay more for their trip. They pay more because this is a cost the cruise lines must absorb. US law is different. All you are promised is a cruise of a certain length and transportation to the ultimate port on your ticket(sometimes the same port you left from). After that they can make any change without payment to you they want. You pay less for the cruise since they don't have to include a contingency to pay you if they can't stop some where. Anytime the cruise lines have a cost you can be sure its in the fare somewhere....

 

BTW when American lands in Arkansas they are still responsible to get you to Dallas...its not the same thing at all. They can send relatively inexpensively another plane and do(I have been stranded when a plane had to land because of a bird strike- and Delta sent another plane for all of us....within 3 hours...).

 

The cruise line is still giving you x day on a cruise and getting you to the final stop on the contract....

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Do you think the Captain knew his ship was not capable of making the agreed up cruise when he set sail on December 4th and in a sense was holding them hostage?

 

Well, that is your opinion and you are certainly entitled to it (no matter how wrong it may be), but my opinion is the Captain knew his ship was not capable of making the agreed upon journey BEFORE he left port on December 4th and in essence was holding the passengers hostage.

 

Opinions generally aren't admissable in court;), and it's doubtful that someone's opinion would sway an attorney to take a case (unless you had firm evidence to back it up). It was my understanding that the problem manifested after leaving port, but this has been a long thread and my memory isn't what it used to be.

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Well, that is your opinion and you are certainly entitled to it (no matter how wrong it may be), but my opinion is the Captain knew his ship was not capable of making the agreed upon journey BEFORE he left port on December 4th and in essence was holding the passengers hostage.

 

Sorry but that is codswallop.

 

Had there been anything significantly wrong with the ship that was known in advance of the sailing, NCL would have cancelledthe cruise and quite possibly the USCG would have intervened and impounded the ship until such time that repairs had been satisfactorily completed.

 

The ship was deemed fit to sail and problems that were encountered were out of NCL's control. Mechanical gremlins happen all of the time....I assume that you own/drive a car, it has moving parts that wear out or give up the ghost. You cannot tell me, hand on heart, and state that your car has never, ever broken down on you. You can throw thousands of dollars at it in maintenance but if something in the engine gives way...you get no notice whatsoever. All you get is a bang, a grinding noise, maybe some smoke and probably alot of expletives from behind the steering wheel - or in Sun's case, the bridge.

 

No company can possibly guarantee that anything with moving parts will remain 100% working order for 100% of the time...cannot be done, its impossible.

 

Mechanical issues happen, just your lottery numbers coming up....you know it MIGHT happen one day but you have no control as to when.

 

As for the comment about holding passengers hostage...utter tripe.

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Well, that is your opinion and you are certainly entitled to it (no matter how wrong it may be), but my opinion is the Captain knew his ship was not capable of making the agreed upon journey BEFORE he left port on December 4th and in essence was holding the passengers hostage.

 

Really the Captain knew on the 4th . :rolleyes:

 

 

Originally Posted by conveyorguy

We have been cruising for over 30 years and aways take a 7 day cruise the first week in December. Last December we went on NCL Sun out of Port Canaveral. First day to the Bahamas was OK knowing we were going on to our favorite ports of St. Thomas and St. Martin. On Monday while attending the Latitudes Meeting when the stern of the ship suddenly began to shudder severely. This serve vibration lasted about 30 seconds. Unknown to the passengers' and latter confirmed by Caption Ronny Borg, we lost the starboard propulsion to both shafts from the engine to the propellers. The caption confirmed that we were dead in the water. So from 1:30pm to approximately 6:00pm when the caption confirmed what occurred, we lost voyage travel time to our next port of call - ST. Thomas. Later that afternoon the captain confirmed that with temporary electrical repairs, we were now able to make about 4 knots.

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There's no need to. It's meaningless unless upheld by the courts. What do you not understand about disclaimers being unenforceable by the laws of Florida and the United States espeically when the company is negligent?

 

This is simple. Here's why the Class Action doesn't stand a chance:

 

© Guest Waives Right to Class Action Relief:

THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST'S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST'S CLAIM IS SUBJECT TO ARBITRATION UNDER SECTION 10(b) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 10(b) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.

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Opinions generally aren't admissable in court;), and it's doubtful that someone's opinion would sway an attorney to take a case (unless you had firm evidence to back it up). It was my understanding that the problem manifested after leaving port, but this has been a long thread and my memory isn't what it used to be.

 

My point exactly!

 

Everyone here that is taking the side of NCL is basing their opinions on assumtions and their emotions. Let's get this thing in court where we can establish the facts by answering the questions I am asking and make a reasoned decision based upon facts not emotions. Let them make a reasoned decision based upon the laws of the United States and the State of Florida.

 

All these opinions are like a computer. If you put garbage in, you will get garbage out.

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This is simple. Here's why the Class Action doesn't stand a chance:

 

© Guest Waives Right to Class Action Relief:

THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST'S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST'S CLAIM IS SUBJECT TO ARBITRATION UNDER SECTION 10(b) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 10(b) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.

 

Again, is that contract enforceable? One can write anything into a contract but it has to be enforceable in a court of law.

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Hundreds and hundreds of people? Punitive damages?

 

Again, this is a no win situation for NCL and they would be very foolish to let it go to trial instead of settling it.

 

In the [edited] words of Fred Thompson during the Watergate investigation...

 

"What did the Captain know and when did he know it?"

 

Did he leave port on December 4th with all those passengers knowing his ship was not capable of making it to the agreed upon ports?

 

I agree it is a no win situation, one NCL would choose to avoid if possible. As far as when the Captain knew, good luck with that one! I see a long discovery period if you could even succeed in bringing suit.

 

Finally, intelligent lawyers don't take cases based on hopes of punitive damages. The actual damages have to justify the investment. After all, your best hope is nuisance money before it ever gets to court, so your dream is unrealistic. But heck, you can try. Let me know if you find a lawyer willing to advance costs for you and I'll find you a fool.

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I know that it will be difficult for some of you to walk away from this pointless arguing, but...

 

 

Because of what occurred on this voyage, NCL offered the passengers:

  • A $100-per-cabin onboard credit
  • Wine with dinner one night
  • Rum punch one afternoon
  • Free photos from the onboard gallery
  • Free use of the Great Stirrup Cay's Hippo Slide
  • A credit, equal to 30 percent of the cruise fare paid, to be used on a future cruise

 

You all need to understand one simple concept: the above consititues a legal settlement offer by NCL. (Re-read that if you have to).

 

Acceptance of this offer...or acceptance of any part of this offer...legally means that this case is CLOSED in the eyes of the law.

 

Passengers missed out...NCL made an offer of compensation...passengers accepted...CASE CLOSED.

 

Once a settlement offer is accepted, you cannot go back and ask for more later. Sorry...case over.

 

 

Don't we all have better things to do than beat this dead horse?

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I know that it will be difficult for some of you to walk away from this pointless arguing, but...

 

 

Because of what occurred on this voyage, NCL offered the passengers:

  • A $100-per-cabin onboard credit
  • Wine with dinner one night
  • Rum punch one afternoon
  • Free photos from the onboard gallery
  • Free use of the Great Stirrup Cay's Hippo Slide
  • A credit, equal to 30 percent of the cruise fare paid, to be used on a future cruise

 

You all need to understand one simple concept: the above consititues a legal settlement offer by NCL. (Re-read that if you have to).

 

Acceptance of this offer...or acceptance of any part of this offer...legally means that this case is CLOSED in the eyes of the law.

 

Passengers missed out...NCL made an offer of compensation...passengers accepted...CASE CLOSED.

 

Once a settlement offer is accepted, you cannot go back and ask for more later. Sorry...case over.

 

 

Don't we all have better things to do than beat this dead horse?

 

Seashark, as I hope you know, I agree with your position on this topic. But my problem with this particular point is that people have posted that they tried to turn down the compensation and were unable. If true (and I'm not confident either way), it was not a settlement, but an unsolicited gift.

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You say tripe and I say "fatuous drivel."

 

Apparently they knew they had problems from the previous cruise and had company representatives onboard to attempt to fix the problem.

 

I was on the Previous cruise and there were no problems at all.

 

There were no company representatives brought onboard this ship.

Are you get your fact's mix up with the Dawn's problem's ???

 

This problem was dealt with by the ship Chief Engineer and his staff.

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Seashark, as I hope you know, I agree with your position on this topic. But my problem with this particular point is that people have posted that they tried to turn down the compensation and were unable. If true (and I'm not confident either way), it was not a settlement, but an unsolicited gift.

 

Legally, they woudl need to show...in writing...that they, at the time of the offer, rejected the settlement as insufficient. This notice must also indicate the intent to persue a more acceptable level of compensation at a later date.

 

However...one dangerous thing. If some of the passengers accept the offer, the courts can (and have) used this as an indicator that the original offer was adequate for the alleged damages and would be unlikely to award anything greater to the other passengers.

 

Generally this only works when EVERYONE refuses the offer....or it puts the passengers in a position of having to prove why the same incident damaged some people more than others....and nothing would be more damaging to their case than the passengers fighting amonst themselves over who suffered more.

 

No such thing as an unsolicited gift...this is a direct response to the supposed "loss" suffered by the passengers. A settlement offer can be made without being solicited by the damaged party.

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