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should they be compensated?


S.S.Oceanlover

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Read the contract doesn't say they will shorten it to their liking and you pay the full pop. Change in cabin and itinerary yes.

 

While NCL will probably pony up something, Im sure their contact is similar to Carnival's which says the following

 

) The Vessel shall be entitled to leave and enter ports with or without pilots or tugs, to tow and assist other vessels in any circumstances, to return to or enter any port at the Master's discretion and for any purpose and to deviate in any direction or for any purpose from the direct or usual course, and to omit or change any or all port calls, arrival or departure times, with or without notice, for any reason whatsoever, including but not limited to safety, security, adverse weather, strikes, tides, hostilities, civil unrest, port closings, emergency debarkations of Guests or crew, or late air, sea, car or motor coach departures or arrivals, mechanical breakdowns, US or foreign governmental advisories or travel warnings, all such deviations being considered as forming part of and included in the proposed voyage. Carnival shall have no liability for any compensation or other damages in such circumstances other than as provided by Carnival's change of itinerary policy at the time Guest or his agent acknowledges receipt and acceptance of the terms and conditions of the cruise ticket contract. Carnival's change of itinerary policy can be found at http://www.carnival.com or at http://www.carnival.com/cms/faq/

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Back in February when we didn't sail from Galveston on a four night cruise on the first night due to fog, Carnival gave everyone the opportunity to get off the next morning before we sailed and receive a full refund, or stay for a three day cruise to nowhere.

 

Back in September when we missed two ports we received a discount on a future cruise.

 

I don't see anything wrong on how Carnival has handled the problems we've come up against. And yes, we go at the end of every September, best weather you can find for cruising.

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Re Carnival Contract- So what? They (all cruise lines, Air lines, car rental agency's ,utility's, banks credit cards etc etc ) have long boilerplate contracts you must sign.

 

In these contracts they put in any and all things that their sharp little lawyers can think of.

 

Can you actually opt out put ? No chance.You can't actually live a life without signing these "contracts"

 

Just because you sign (as you have no choice) doesn't mean your are giving permission to be abused.

 

Does it take a class action lawsuit for various company's to play fair? Sometimes.(And yet I hate class action lawsuits :confused: )

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Re Carnival Contract- So what? They (all cruise lines, Air lines, car rental agency's ,utility's, banks credit cards etc etc ) have long boilerplate contracts you must sign.

 

In these contracts they put in any and all things that their sharp little lawyers can think of.

 

Can you actually opt out put ? No chance.You can't actually live a life without signing these "contracts"

 

Just because you sign (as you have no choice) doesn't mean your are giving permission to be abused.

 

Does it take a class action lawsuit for various company's to play fair? Sometimes.(And yet I hate class action lawsuits :confused: )

I agree, I was just relaying what is in the contract.

 

Not to be funny but...

 

TC

 

RE..Class action suit

13. CLASS ACTION WAIVER

 

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 CLAUSE 12 (d) 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 12 (d) 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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Would I be disappointed in missing a day? Sure!

Would I be in a hotel (or restaurant or somewhere else) happily starting my vacation anyway? You bet!

 

I honestly don't know how I'd feel about compensation unless I was in that situation.

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Seems that shortening a cruse is a different animal than simply changing a port arrival/departure time. And I don't think I see anything in the Carnival contract that allows them to shorten the contract.

 

How about if they shorten a 7 day to a 1 day? Would folks be ok with that?

 

When you contract with the cruise line they agree to provide a service and you agree to pay them money. They agreed to provide 7 days of service and anything less seems like a breech on their part to me.

 

But then, I'm no lawyer and I don't play one on TV.

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While NCL will probably pony up something, Im sure their contact is similar to Carnival's which says the following

 

) The Vessel shall be entitled to leave and enter ports with or without pilots or tugs, to tow and assist other vessels in any circumstances, to return to or enter any port at the Master's discretion and for any purpose and to deviate in any direction or for any purpose from the direct or usual course, and to omit or change any or all port calls, arrival or departure times, with or without notice, for any reason whatsoever, including but not limited to safety, security, adverse weather, strikes, tides, hostilities, civil unrest, port closings, emergency debarkations of Guests or crew, or late air, sea, car or motor coach departures or arrivals, mechanical breakdowns, US or foreign governmental advisories or travel warnings, all such deviations being considered as forming part of and included in the proposed voyage. Carnival shall have no liability for any compensation or other damages in such circumstances other than as provided by Carnival's change of itinerary policy at the time Guest or his agent acknowledges receipt and acceptance of the terms and conditions of the cruise ticket contract. Carnival's change of itinerary policy can be found at http://www.carnival.com or at http://www.carnival.com/cms/faq/

There is nothing here that says they are allowed to shorten the amount of days you are contracted for, was that your point?

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Seems that shortening a cruse is a different animal than simply changing a port arrival/departure time. And I don't think I see anything in the Carnival contract that allows them to shorten the contract.

 

How about if they shorten a 7 day to a 1 day? Would folks be ok with that?

 

When you contract with the cruise line they agree to provide a service and you agree to pay them money. They agreed to provide 7 days of service and anything less seems like a breech on their part to me.

 

But then, I'm no lawyer and I don't play one on TV.

 

Again, almost always the cruiselines does step up and give the pax something when they shorten a cruise. Im sure NCL will do something, they will probably wait until the pax are actually on the ship to do so.

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There is nothing here that says they are allowed to shorten the amount of days you are contracted for, was that your point?

Im sure a lawyer could say arrival and departure times isnt limited to the day the cruise was planned to leave or depart. Leaving a day late is changing the departure time.

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They booked the trip during hurricane season, they gambled and lost. Now they cry about it. Accept it, if they had trip insurance that may temper some of the loss but still they took a chance knowing full well what could happen and it did. . DON'T BOOK A CRUISE DURING HURRICANE SEASON.

 

this says it all....I was warned about HURRICANE season and elected not to sail during this time. Enough said.

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There is nothing here that says they are allowed to shorten the amount of days you are contracted for, was that your point?

The contract states that they change "arrival or departure times" and that is what they have done.

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I agree, I was just relaying what is in the contract.

 

Not to be funny but...

 

TC

 

RE..Class action suit

13. CLASS ACTION WAIVER

 

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 blah blah blah

Actually it is funny!:rolleyes:

Just because they make you sign it, doesn't mean it holds up in court.

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For those that think that people deserve no comp because its hurricane season think about how you would feel if on your winter cruise the ship had engine problem and limped back into port a day late or some other event happened out of the cruise lines control casuing it to be late - would you still quietly accept a shortened cruise?

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Im sure a lawyer could say arrival and departure times isnt limited to the day the cruise was planned to leave or depart. Leaving a day late is changing the departure time.

Absolutely correct, and as long as you are on board the ship waiting to leave a day late you have no recourse. If they don't provide the ship for you to board on the contracted day then you are entitled to fair compensation until the ship is provided.

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I will cut to the chase here.

 

A responsible company that desires to maintain a decent reputation and satisfied repeat customers will refund a portion of the cruise cost to customers who lose a day of their cruise for whatever reason.

 

Nothing else matters and nothing else needs to be said.

 

Doc

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There is nothing here that says they are allowed to shorten the amount of days you are contracted for, was that your point?

 

Debbie, that's exactly what it says, they can make changes for any reason. 'IE' days off the cruise, They don't have to justify to you, its their ship, their company. If they dont feel they can operate safely they aren't going to do it, AND they don't have to give you your money back. You would realize that if you would stop reading contracts with rose colored glasses.

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I will cut to the chase here.

 

A responsible company that desires to maintain a decent reputation and satisfied repeat customers will refund a portion of the cruise cost to customers who lose a day of their cruise for whatever reason.

 

Nothing else matters and nothing else needs to be said.

 

Doc

 

I would be shocked if they dont, it would be sheer madness on those 6 days if they tried to do this to a bunch of NYers who just went through a Earthquake and Tropical Storm, then told they have to pay for a day they didnt sail.

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OK - When does the argument become "inane"? When you lose 1 day? When you lose 2 days? When you lose 3 days?

 

When exactly?:confused:

 

Seriously?, you have trouble making the distinction that losing a day as a result of a hurricane vs having a one day cruise when you paid for 7 is inane?

 

Have you personally or have you heard of anyone losing 2-6 days on a cruise without being compenstated?

 

:rolleyes:

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Debbie, that's exactly what it says, they can make changes for any reason. 'IE' days off the cruise, They don't have to justify to you, its their ship, their company. If they dont feel they can operate safely they aren't going to do it, AND they don't have to give you your money back. You would realize that if you would stop reading contracts with rose colored glasses.

 

Whatever you say, boss! I don't wear glasses but maybe you should have another glass of wine, rose' maybe??:p

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Seriously?, you have trouble making the distinction that losing a day as a result of a hurricane vs having a one day cruise when you paid for 7 is inane?

So one more time, is 2 days inane or not ? You seem very sure of yourself.

:rolleyes:

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