Luggage Dropped in Ocean... Anyone else had this issue?

[jaydubya]

The Cruise Ticket Contract, readily available for review on the Carnival website, states: "The payment of the required deposit or any partial or full payment for reservation of a land package before or after the cruise shall constitute acceptance and consent to all of the terms and conditions of this Contract." Just like buying a ticket to a baseball game or other public venues or events, the contract is accepted upon purchase and payment.

[bshow]

All the e-lawyering in threads like this cracks me up. Best wishes OP. Hoping you can get some relief.

[zqvol]

to top it all off, even if Carnival, or someone else pays you are only going to get depreciated value on the items.

[Clarksfan1]

I had this happen on another cruise line....my compensation was $100, all of my clothing cleaned, a bottle of wine, and 2---$350 vouchers off of my next cruise of 7 nights or longer (this was offered to me I didn't have to fight for it). In the end my bag was ruined because the salt water did a number on the wheels of my roller board, but their compensation was very fair in my opinion.

 

I hope you get some satisfaction in this matter.

[setsail]

If our old suitcase filled with dirty clothes went over that would be called pre-wash;):p

[jmbeebe0722]

I understand the contract. $50 is less than the cheap suitcase at Wal-Mart alone. Not to mention the fact of the clothes needed just to take the trip. A 6-Day cruise has two formal nights. You can't buy two shirts, two ties, and a pair of slacks for less than $50. Not counting shoes, jackets, belts..etc

 

We will see what Carnival Guest Solutions says in the morning, they by all means can stick with their contract. However, they know that there is not a single person who can cruise with less $50 worth of items. By enforcing this for negligence is terrible business morals and ethics. While under their care (regardless of who actually moves the bag, because I directly gave their room steward my bag) they destroyed my personal belongings at a value which is more than the entire cruise fare for two. Not to mention cost me $100 extra just to be able to get my bag home with soaking wet clothes.

 

If they want to stick by their contract, they have every right by law. However, it goes to show their ethics and morals as a company. If they refuse to accept liability for the value of the goods destroyed while the bagagge was under their care, it shows me that I would never do business with them again, and got out of my way to let any potential customers of theirs now about their shady business contracts and ethics. If they have any decent customer service, they will accept liability. If not, it shows me a company with little to no ethics and one I would not want to do business with again. Simple as that. I don't need told a million times their policy, or that my valueable such as iPad shouldn't be in there. Even without the iPad, the goods are still worth over $1000 in just a couple of items (luggage it self, suit, dress shoes)

 

All in all, we will wait and see what they say!

[The4Cruisers]

So did you have travelers insurance? Or did you take the gamble and go without it?

[jmbeebe0722]

So did you have travelers insurance? Or did you take the gamble and go without it?

 

I did not have insurance, and in cases like this I don't believe I should have had to.. if something stopped me from being able to go, or I missed the boat/flight delays.. etc Then I should have insurance.

 

Negligence to personal property while under Carnival's care... I shouldn't need added services, Carnival should do what is right. If they can't, I would not dare purchase insurance through their company and give them another penny of my money.

[CruisingSoon88]

When we received our bags at the beginning of our Splendor cruise in December, one of them had been damaged. It was a brand new 28" Samsonite bag and the zipper looked to have gotten caught on something. It was strange because it was like one piece of the metal was caught and it just unraveled. There was a long piece of it sticking out. Thankfully, we could get it open to unpack. We took it to guest services and they were very nice. The man took a look at it and went to the back and brought us out another brand new 28" suitcase. No, it was not a Samsonite and now our set didn't match, but we obviously couldn't use ours and we needed it to get home. I was satisfied with their effort to compensate us.

 

I realize that your situation is different and much worse since your belongings were ruined. I just wanted to give you an example of Carnival stepping up and doing the right thing. He never said well, it could have been the port personnel and not Carnival. He just offered me a new bag. Hopefully when you speak with the proper department, they will step up and help you despite what the contract says.

[Surfwench]

My understanding of your situation is the dock workers are responsible for your suitcase ending up in the drink. You entered into an agreement with Carnival that clearly stated they'd pay no more than $50.00 in such circumstances. And you chose to not take out travel insurance which would have covered this incident.

 

Who are you mad at? :rolleyes:

[MamaTortuga]

I did not have insurance, and in cases like this I don't believe I should have had to.. if something stopped me from being able to go, or I missed the boat/flight delays.. etc Then I should have insurance.

 

Negligence to personal property while under Carnival's care... I shouldn't need added services, Carnival should do what is right. If they can't, I would not dare purchase insurance through their company and give them another penny of my money.

 

The port workers are not Carnival employees so Carnival is not the one responsible for the damage to your property. Your property was under the care of the port workers so they should be the ones compensating you for the damages.

[jmbeebe0722]

The port workers are not Carnival employees so Carnival is not the one responsible for the damage to your property. Your property was under the care of the port workers so they should be the ones compensating you for the damages.

 

That is not true, I did not give my luggage to port workers.. I gave my luggage to a Carnival employee who was responsible for taking the steps to get the luggage off of the ship and to the baggage claim. The fact that they contract someone do this work for them is not my call. I can promise these employees do not work for free, and there is a contract in which Carnival pays them to do the work. Therefore, Carnival (who I paid and left my bag in care for) should take care of me, and take their problem up with the contractor, in this case the port workers.

 

I work in the home improvement industry, if you hired my company to install new windows in your home and the contractor in which I pay to install these windows does not properly seal the window causing rain to warp the wood trim and ruin the carpet directly below window. Do I get to blame it on my contractor and tell you that I don't liability? No, because you paid ME for the service. The fact that my contractor did not properly do his job, its not up to you. It up to me to make it right, and work with my contractor directly for compensation for the expenses that he caused my company. You would not be satisfied if I told you that even though I was responsible for performing the services, I hired someone else to do it and because they didn't do it properly I would not accept liability....

[HLGW60]

This is also in the contract "© Cruise Fare does not include Cruise Taxes, Fees, and Port Expenses. “Cruise Taxes, Fees, and Port Expenses” may include any and all fees, charges, tolls and taxes imposed on Carnival, by governmental or quasi-governmental authorities, as well as third party fees and charges arising from a vessel’s presence in a harbor or port. Cruise Taxes, Fees and Port Expenses may include U.S. Customs fees, head taxes, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, pilotage, air taxes, hotel or VAT taxes incurred as part of a land tour, immigration and naturalization fees, and Internal Revenue Service fees, as well as fees associated with navigation, berthing, stevedoring, baggage handling/storage, and security services. Cruise Taxes, Fees, and Port Expenses may be assessed per passenger, per berth, per ton or per vessel. Assessments calculated on a per ton or per vessel basis will be spread over the number of passengers on the Vessel. Cruise Taxes, Fees and Port Expenses are subject to change and Carnival reserves the right to collect any increases in effect at the time of sailing even if the fare has already been paid in full"

 

Correct me if I am confused and wrong but it seems that baggage handling/storage is not considered a part of your Cruise Fare with Carnival so here again it seems that if something happens to your luggage then it is the port's fault and liability.

Edited February 2, 2015 by HLGW60

[jmbeebe0722]

This is also in the contract "© Cruise Fare does not include Cruise Taxes, Fees, and Port Expenses. “Cruise Taxes, Fees, and Port Expenses” may include any and all fees, charges, tolls and taxes imposed on Carnival, by governmental or quasi-governmental authorities, as well as third party fees and charges arising from a vessel’s presence in a harbor or port. Cruise Taxes, Fees and Port Expenses may include U.S. Customs fees, head taxes, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, pilotage, air taxes, hotel or VAT taxes incurred as part of a land tour, immigration and naturalization fees, and Internal Revenue Service fees, as well as fees associated with navigation, berthing, stevedoring, baggage handling/storage, and security services. Cruise Taxes, Fees, and Port Expenses may be assessed per passenger, per berth, per ton or per vessel. Assessments calculated on a per ton or per vessel basis will be spread over the number of passengers on the Vessel. Cruise Taxes, Fees and Port Expenses are subject to change and Carnival reserves the right to collect any increases in effect at the time of sailing even if the fare has already been paid in full"

 

Correct me if I am confused and wrong but it seems here that baggage handling/storage is not considered a part of your Cruise Fare with Carnival so here again it seems that if something happens to your luggage then it is the port's fault and liability.

 

 

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What you are missing is that the passenger pays Carnival directly for these port, taxes, and expenses... From this point, they pay the third party service to perform these services. That is exactly what a contractor is.. A third party service that contractually performs a service for the company. I pay Carnival, who contracts this third party service and uses these funds to pay for their service.

 

I seriously question, how anyone can possibly believe this is ethical in any shape or form... If the limit was $500, I would not be upset, as one could possibly cruise with less than $500 in personal belongings. However $50 is nearly impossible to cruise with, especially with the dress codes imposed by the cruise line. FOR THE LAST TIME, I UNDERSTAND THE CONTRACT. HOWEVER, AS AGREED BY MANY IT A COMPLETELY UNREALISTIC AND UNETHICAL LIMITATION.

 

I understand they can lawfully impose and enforce this limitation... I will pay to have the items replaced, BUT it shows to me the type of company Carnival is and have zero concern in customer satisfaction. I loved every minute of my cruise, and wouldn't even be upset that this accident happened, if they company made it right to their customers who are faced by this problem. Carnival profits a billion dollar (+) each year, taking care of a customer to the tune of $1,000 for items damaged after the customer gave the cruise line employee their luggage would not affect their profitability and lifestyle.. I make no where near a billion dollars a year (as I assume every other person on this forum does not either) $1,000 can change my lifestyle. I am not poor by any means, but I also don't appreciate throwing around $1,000 due to someone else negligence. If that is what has to happen, then so be it... However, I will not due business with a company that operates this way and will make sure others know of their morals.

Edited February 2, 2015 by jmbeebe0722

[HLGW60]

I don't think it is morally or ethically right but these large corporations only seem to care what is "legally right" and that is why I am a nervous wreck when signing any kind of contract. For instance....we purchased trip insurance this past week after making a deposit for a cruise in 2016. I wanted to make sure I purchased it within 14 days of the deposit so any preexisting conditions would be waived. However, when reading the fine print I discovered that the insurance company could possibly still deny your claim by looking at the 60 plus days prior to the purchase date of the policy too. So I'm guessing if you got your heart or diabetes medication changed during that time period before you even purchased the policy ( not the travel date) then they could still pull the pre-existing condition thing on you to deny a claim.

 

 

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[jmbeebe0722]

I don't think it is morally or ethically right but these large corporations only seem to care what is "legally right" and that is why I am a nervous wreck when signing any kind of contract. For instance....we purchased trip insurance this past week after making a deposit for a cruise in 2016. I wanted to make sure I purchased it within 14 days of the deposit so any preexisting conditions would be waived. However, when reading the fine print I discovered that the insurance company could possibly still deny your claim by looking at the 60 plus days prior to the purchase date of the policy too. So I'm guessing if you got your heart or diabetes medication changed during that time period before you even purchased the policy ( not the travel date) then they could still pull the pre-existing condition thing on you to deny a claim.

 

 

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That is my exact problem with this case... Legally could Carnival offer $50 in "compensation", absolutely. However, to expect any guest to contain a value of $50 or less in personal belongings is nearly impossible. I can not think of an instance where I could take a 6 Day with less than that. My tennis shoes cost more than that alone, and they are just a pair of Nike Frees.

 

I can't demand them do anything more than their contract, but can't imagine who a company can say they pledge for customer satisfaction and not take care of a customer in an instance such as this one. If I played any part of this accident, sure pass the blame on me.. But this is an example of negligence and any reputable company would take care of negligence.

 

At this point, this is up to the ethics, morality, and customer service of a company with much competition.

Edited February 2, 2015 by jmbeebe0722

[HLGW60]

Sorry to post yet again but I just found this article which I thought might be of interest since it relates to the topic we have been discussing. http://www.forbes.com/sites/deborahljacobs/2012/01/17/carnival-cruise-contract-poses-barriers-to-legal-claims/

 

 

 

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[lisajm]

OP, I'm very sorry this happened to you. Hope everything works out.

[HollandAvery]

This is one of my biggest fears, which is why we carry-on and carry-off all our luggage. We watched a bunch of luggage be dumped into the water in Galveston by accident before so we worry about that.

 

$50 is insulting...if I were you I'd make sure to document EVERYTHING. Keep hassling Carnival today...you definitely deserve a MUCH better resolution.

[tandtmk04]

What you are missing is that the passenger pays Carnival directly for these port, taxes, and expenses... From this point, they pay the third party service to perform these services. That is exactly what a contractor is.. A third party service that contractually performs a service for the company. I pay Carnival, who contracts this third party service and uses these funds to pay for their service.

 

I seriously question, how anyone can possibly believe this is ethical in any shape or form... If the limit was $500, I would not be upset, as one could possibly cruise with less than $500 in personal belongings. However $50 is nearly impossible to cruise with, especially with the dress codes imposed by the cruise line. FOR THE LAST TIME, I UNDERSTAND THE CONTRACT. HOWEVER, AS AGREED BY MANY IT A COMPLETELY UNREALISTIC AND UNETHICAL LIMITATION.

 

I understand they can lawfully impose and enforce this limitation... I will pay to have the items replaced, BUT it shows to me the type of company Carnival is and have zero concern in customer satisfaction. I loved every minute of my cruise, and wouldn't even be upset that this accident happened, if they company made it right to their customers who are faced by this problem. Carnival profits a billion dollar (+) each year, taking care of a customer to the tune of $1,000 for items damaged after the customer gave the cruise line employee their luggage would not affect their profitability and lifestyle.. I make no where near a billion dollars a year (as I assume every other person on this forum does not either) $1,000 can change my lifestyle. I am not poor by any means, but I also don't appreciate throwing around $1,000 due to someone else negligence. If that is what has to happen, then so be it... However, I will not due business with a company that operates this way and will make sure others know of their morals.

 

 

 

I'm shaking my head at what some people are saying on here! To each one of you that think what happened is ok and the $50.00 is fair, will it be OK if the next cruise YOU go on and YOUR luggage and belonging are ruined, that you get $50.00?? NO, it won't be! I would almost bet that each one of you would be ticked off and would want the money to replace your items. I know when I put my luggage outside my room, at no time do I expect it to dropped in the ocean!! REALLY??!!

I traveled to Miami last year, on Delta, and my luggage went on with all wheel and one of them came off with only one wheel. Was that my fault... NO, but guess who had to buy a new suitcase @ $120.00 in order to get back home....ME!

I just think it's wrong for these businesses to feel like the consumer should have to feel the pain for something that happened on their clock!

I hate this happened to you! :(

[Surfwench]

so be it... However, I will not due business with a company that operates this way and will make sure others know of their morals.

 

<sigh> all cruise contracts are the same. go camping and try to collect damages from the federal government if something happens to you at a National Park, etc. If the windows you install do not perform to the customers expectations and the defect falls outside of the manufacturers warranty... do you pay out of pocket to your customer in the name of 'client satisfaction?' I didn't think so, youd' be bankrupted by the sometime unreasonable demands of the general public.

 

we carry zero jewelry when traveling. camera and electronics are always in my shoulder tote. we get travel insurance to cover the unexpected. and an Amex card to pay for it all if all else fails. travel smart and defensively.

[Davey Wavey]

Homeowners insurance is not the best way to proceed. If you have no travel insurance, hopefully you paid for your trip with a credit card. Luggage protection is pretty standard for credit cards IF you used it to pay for your trip. Call your bank customer service first and/or check the card website directly (for instance, visa dot com or discover dot com) for travel coverage. Homeowners insurance is the last way to proceed. The deductible is usually high and they use any claims history against you.

 

As an aside, signing the contract for $50 maximum doesn't mean you can't go after them for more in the case of negligence. That contract does make it more difficult though.

[IWantToCruiseWithYou]

Good advice and I am thankful the original poster shared his experience with us. He does have my sympathy and I wish him the best of luck in getting better compensation for his loss. Reading this thread has me more determined than ever to pack light and carry aboard and off my own luggage.

 

 

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Edited February 2, 2015 by IWantToCruiseWithYou

[pe4all]

I would e-mail customer relations, and also registered snail mail them a hard copy of a well-written letter explaining exactly what happened. Take the claim form and attach copies of it. Contact your personal insurance company and see if they will cover your loss. Also, if you used a credit card to book the cruise, see if they have travel insurance attached. (some do) I definitely feel for you - but CCL will probably stand by the fact that the luggage was contracted out of their hands at that point. They may give you some compensation if you follow it up, if you hit someone in a good mood! Good luck, and let us know what happens when you call them this a.m.

[Karlou]

I'm shaking my head at what some people are saying on here! To each one of you that think what happened is ok and the $50.00 is fair, will it be OK if the next cruise YOU go on and YOUR luggage and belonging are ruined, that you get $50.00?? NO, it won't be! I would almost bet that each one of you would be ticked off and would want the money to replace your items. I know when I put my luggage outside my room, at no time do I expect it to dropped in the ocean!! REALLY??!!

I traveled to Miami last year, on Delta, and my luggage went on with all wheel and one of them came off with only one wheel. Was that my fault... NO, but guess who had to buy a new suitcase @ $120.00 in order to get back home....ME!

I just think it's wrong for these businesses to feel like the consumer should have to feel the pain for something that happened on their clock!

I hate this happened to you! :(

 

 

This was my point earlier, although poorly made. I would certainly hope that Carnival would do something for you, if for no other reason than for customer retention, but if they don't, then insurance would hopefully take over. The $50 limit by Carnival is ridiculous but I'm sure (hopeful?) that they will look at some claims on a case to case basis.

The broken wine bottle, iPad and other items are only a by the by thing in all this. The suitcase SHOULD NOT have fallen Into the water in the first place!

I hope this can be resolved for you in a satisfactory way.

 

 

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