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Wondering why NCL can advertise the drink package as "Free" when it's not


schildiams
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6 hours ago, NurseJEB said:

It is silly frivolous cases like this that drive up the cost of everything.  Anyone who brings such a case and (of course) ends up losing, should have to pay 100% of the legal fees of the other party and a fine of equal amount.  Failure to read a contract is NOT false advertising.

 

That's not the way it works. You can't sue for false advertising unless YOU are harmed. What you do is complain to the FTC and they investigate the advertising to determine if it is false or not. Frivolous "false advertising" lawsuits from individuals are not in any way a problem in the US. Courts don't hear them; the FTC handles them (or the State Attorneys Generals handle them). 

 

"People" (usually a law firm) could get together and ask to file a class action lawsuit, but that's an entirely different thing. Because the level of harm is so low in this case, about $20 a day per person if you consider paying the gratuity "harm", a class action suit would never get traction.  No "people" (law firm) is going to spend the millions of dollars to get a class action going without a LOT of real people joining in. And that's just not going to happen. 

 

So the people upset with the policy can discuss it here, and complain to the FTC in the US and the Attorneys General in their state (or similar law enforcement or regulatory agencies in their location). 

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1 hour ago, 4774Papa said:

We cruise Celebrity as well as NCL and Celebrity doesn't charge a gratuity for the beverage package as long as the package is a promo and part of your Go Better or Go Best deal.   Prior to the price bundling by NCL, we usually purchased a 10 bottle wine package for a 14 day cruise.  You could purchase one for about $300, no gratuities.   You can't do that anymore.

 

What amazes me is that many posters on CC say they love the beverage packages so they don't have to worry about the bill later.  I have always kept track of how much Dear Wife and I spend on alcohol on a cruise and the most we ever spent for a 14 day cruise total was a little less than $500.   All you have to do to determine if a beverage package is economical is check you bill and add up your drinks cost at the end.  For moderate drinkers, the NCL beverage package is a very bad deal.

I think you might be missing something here: Most people who say they love or even like the beverage package are referring to the UBP when it is a perk. As a regular and paying $99 a day of course it isn't a very good deal unless you are a heavy drinker. Then I guess it is a good deal. As or what Celebrity does, each line has its own way of making their profit and all do something differently than the next line. 

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2 hours ago, 4774Papa said:

$99 a day is ridiculous.  It simply forces up the cost of the gratuities.   We never take the bloated beverage package, since we what to keep our livers healthy.   On our last cruise, on the Dawn, I brought wine onboard, paid the $15 corkage fees per bottle and had better wine than what is available on the beverage package.   We spent less on alcohol, considering the cost of the wine and corkage fees than just the cost of the gratuities.

To each their own.  The beverage package works for some and doesn't work for others, obviously doesn't work for you.  I personally wouldn't pay for the package, as I don't drink enough, but am very happy to pay the 20% gratuities when given as a perk, because it financially works out for me based on my comsumption.

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8 hours ago, NurseJEB said:

 

 

Ah so none of this FTC action you think you have is even against NCL since you did not deal with them.  It is your wonderful TA you need to discuss this with.

 

You got the wrong person.  I'm not the least bit interested in FTC action and I don't think NCL's website presentation is deceptive.

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1 hour ago, NLH Arizona said:

To each their own.  The beverage package works for some and doesn't work for others, obviously doesn't work for you.  I personally wouldn't pay for the package, as I don't drink enough, but am very happy to pay the 20% gratuities when given as a perk, because it financially works out for me based on my comsumption.

 

This.  The service charge for the 14-night TA came out to a very reasonable per-day cost for drinks.  

 

I've mainly sailed Carnival over the years and I never purchase their Cheers drink package (I believe it's $59/day PLUS SERVICE CHARGE).  People complain because they're limited to "only" 15 drinks/day. :classic_unsure:

 

Since I'm mostly a beer & wine drinker, I typically just purchase a wine package (yes, it also includes the service charge!).  But I've read so many posts about how people will buy the drinks package even though they KNOW they won't get their money's worth, just so they don't have to "worry" about how much they're spending while on the cruise.

 

Wait.  What?  You're willing to spend money unnecessarily just so you don't worry about it while cruising?  Why would you worry about it then but you don't worry about it when now when you pre-purchase the package?  Are people just that fiscally clueless?

 

But, as a CCL shareholder, I love that attitude! 😄

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On 10/29/2018 at 8:57 AM, schildiams said:

I see that NCL is currently advertising "Free Unlimited Open Bar" on it's landing page. There is no mention anywhere, even when you click "learn more" of any charges on this "free" benefit. It is only when you get through booking and see the final fare, does NCL assess a service charge on the "free" benefit. I know that this topic has been beaten to death, but I am still left to wonder how this is to considered to be misleading or false advertising? How can a benefit be considered "free" if it actually costs $300 per room? And if an open bar is truly "free" then a 20% fee on zero is zero. I get that NCL wants to make money on this, and I'm not opposed to paying a service charge. But, my point is, if it costs $300 per cabin, it should be advertised as such and not as "free." Anyone think that if this practice were legally challenged that the working would change?

 

 

You are always "free" to refuse the dining or beverage package if you want.  

 

It's not misleading or false advertising and your assertion that "There is no mention anywhere, even when you click "learn more" of any charges on this "free" benefit" is just wrong.

 

There is clearly an asterisk after "Receive All 5 Free*".  It's there on the main page, and if you scroll down you see the explanation for the asterisk - "*Gratuities, Beverage, Specialty Service Charges & other restrictions may apply..

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On 10/30/2018 at 1:10 PM, schildiams said:

Hey "cool" cruiser, maybe I'm not as cool as you are, so I should just stay home, "lol?" It is funny how lots of the posters with the same opinion have the same reply. I am seeing a pattern here!

The point, once again, is that the FTC requires that advertisements be clear to NOT be misleading. Yes, of course it's common sense to read the fine print before signing a contract. But that's not what the post is about. It's about advertisements. You're still not getting it, for some reason. Did you read my post? Did you understand it? I am NOT COMPLAINING ABOUT THE PLAN. I know how much the drink costs. And your last line just about sums it up. If it takes a perk to truly make it free, it wasn't free in the first place. 

It's odd how some people, including you, have no problem being rude to a person, telling them that they should stay home, but at the same time takes issue with a consumer asking a valid question about the questionable practice of a corporation. That makes no sense to me.

No you are the one who is not getting it. It is a free package, usually it's 99.00$ a day. The gratuities are what you are paying for. If you go out to dinner and have a coupon for a free meal do you leave a tip?? Then it is not free. It's a simple concept really. I think you just like to argue. Yes the advertise it free in big bold letters and then have a very tiny asterisk reminding people that they have to pay tips on the amount of the perk. All adds are like that in this country. Right or wrong in your eyes it is perfectly illegal. Would you rather them raise the cruise fare and then want the package or not you will be charged for it? The reason why everyone is being so "rude" is because you are not getting what most are saying. Everyone else on this thread gets it. I think you are the one who is a little confused. And again it is free, the tips are no though  

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2 hours ago, Gampy1967 said:

They can advertise it this way because the drink package is free.  The service charge/tips on said package are not free.  Just like a free meal at a restaurant.  You don't pay for the meal but you are still expected to tip on the value of said meal.

 

 

4 hours ago, 4774Papa said:

 

 

2 hours ago, Gampy1967 said:

 

He doesn't seem to understand that point

 

 

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2 hours ago, Gampy1967 said:

The service charge/tips on said package are not free.  Just like a free meal at a restaurant.  You don't pay for the meal but you are still expected to tip on the value of said meal.

The only problem with this analogy is that if I have a free meal at a restaurant I tip based on the actual meal I ordered and aside from whether or not there is a pooled tip system 100% of that tip goes to the people that serve me. I have no problem paying 20% on the over inflated cost of the beverage package if that was all going as gratuity to the bartenders, but NCL is almost certainly taking a piece of that.

 

I still take the beverage package as a perk because overall it's slightly better value for me but it's nowhere near as good of a perk as it used to be.

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During booking, it says right on the screen where you pick UBP "bartender gratuities will be added to your booking".  When I booked my first time that was NOT there and I do think at the time the 20% was obfuscated because this wasn't present, and calling the charge "special services".  I'm the first one to complain about deceptive anything; I have no problem with this because it's clearly disclosed now.

I think the "free excursions" is MORE deceptive actually 😆 because how many ports have excursions less than $50?  Almost NONE!  (but the fine print does explain....)

 

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4 minutes ago, adam_s_allen said:

The only problem with this analogy is that if I have a free meal at a restaurant I tip based on the actual meal I ordered and aside from whether or not there is a pooled tip system 100% of that tip goes to the people that serve me. I have no problem paying 20% on the over inflated cost of the beverage package if that was all going as gratuity to the bartenders, but NCL is almost certainly taking a piece of that.

 

I still take the beverage package as a perk because overall it's slightly better value for me but it's nowhere near as good of a perk as it used to be.

I have never said that the retail value of $99/day is a good deal or not.  If you don't want to pay the tip/service charge, don't get the package and you won't have to pay the tip/service charge up front.  Each drink you do order, however will have the non-negotiable 20% added on to it.

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24 minutes ago, adam_s_allen said:

I have no problem paying 20% on the over inflated cost of the beverage package if that was all going as gratuity to the bartenders, but NCL is almost certainly taking a piece of that.

 

Some of your fare goes to the bartenders even if you never have a drink and don't take the package. That's just how it is. Don't worry about how the money you spend is distributed. Just look at what you get, what it cost you, and how much you enjoy it.

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2 hours ago, cathi007 said:

 

 

He doesn't seem to understand that point

 

 

I am normally a generous tipper, usually tip 20% in restaurants.  However, some cruise lines like Celebrity don't charge gratuities on a promos beverage package and NCL inflates the so called value to $99 a day primarily to inflate the gratuity and increase revenue.

 

I would love to go back to the good old says when bottom line pricing doesn't include beverage packages or other promos.

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4 hours ago, cathi007 said:

No you are the one who is not getting it. It is a free package, usually it's 99.00$ a day. The gratuities are what you are paying for. If you go out to dinner and have a coupon for a free meal do you leave a tip?? Then it is not free. It's a simple concept really. I think you just like to argue.

We've booked a balcony at the advertised rate found on a search engine.  It's a Sailaway balcony.  Since the drinks are free; I just have to pay the service charge? How do I do this?  Everything I've read on NCL's website says I must pay more for a balcony to get the "free" drinks.  If I have to pay more to get the "free" drinks doesn't that by definition mean they aren't free?     

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4 minutes ago, mianmike said:

We've booked a balcony at the advertised rate found on a search engine.  It's a Sailaway balcony.  Since the drinks are free; I just have to pay the service charge? How do I do this?  Everything I've read on NCL's website says I must pay more for a balcony to get the "free" drinks.  If I have to pay more to get the "free" drinks doesn't that by definition mean they aren't free?     

 

If it's a sail away rate, then your booking does NOT include free drinks unless you are on the NCL Sun/Star where the entire ship is an Open Bar.

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Just now, rtkenmore said:

 

If it's a sail away rate, then your booking does NOT include free drinks unless you are on the NCL Sun/Star where the entire ship is an Open Bar.

Exactly my point.  You have to pay more for "free" drinks which makes them not free.  Very simple concept really. 

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6 minutes ago, mianmike said:

Exactly my point.  You have to pay more for "free" drinks which makes them not free.  Very simple concept really. 

 

You're right, it is a simply concept.

 

Hey, $399/person is our bare bones sail away get you on the ship rate.  No perks.

 

Jump up to $599/person and you can choose your choice of inside state room and one perk including unlimited free drinks*.  (*must pay 20% gratuities/service charge on price of drink package).

 

Jump $899/person and you choose your very own ocean view state room with TWO perks.  Count them, TWO WONDERFUL PERKS.

 

Or go with the $1199/person and get your very own BALCONY!  You read that right votes, only $1199/person gets you a balcony room with the choice of unlimited drinks and specialty dining included FREE*. (*gratuities separate and paid on the price of the package chosen).

 

It's not hard or complicated at all.  It's different levels of service just like airlines, hotels, etc. have.  Delta offers economy seating with no perks or you can upgrade to economy plus which include free entertainment and extra legroom but you pay more.  Spend a little more, and you get first class.

 

Hotels are the same way...  Book the bare bones pre-paid/fully non-refundable rate of $99 and have a bed to sleep in. Or pay $139 and get free breakfast.  Pay $159 and get free parking AND free breakfast.  Pay $249 and get free parking AND free breakfast AND a $100 food & drink dining credit.

 

See, not complicated at all...  And virtually any and all travel based industries have different levels of service that include different amenities for those levels.

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1 hour ago, rtkenmore said:

See, not complicated at all...  And virtually any and all travel based industries have different levels of service that include different amenities for those levels.

You and I can agree, but many people will continue to think they are getting free drinks.  

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3 hours ago, mianmike said:

We've booked a balcony at the advertised rate found on a search engine.  It's a Sailaway balcony.  Since the drinks are free; I just have to pay the service charge? How do I do this?  Everything I've read on NCL's website says I must pay more for a balcony to get the "free" drinks.  If I have to pay more to get the "free" drinks doesn't that by definition mean they aren't free?     

 

You are correct. Last month I was on a 14 day cruise. When I booked I paid $649 for the Sail Away Rate. If I wanted the Free Drinks, I would have had to pay $1699. Some say the $1000+ is to select the cabin but common sense says that is the built in cost of UBP. Luckily I have no interest in the beverage package so I always go with Sail Away.

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3 hours ago, mianmike said:

Exactly my point.  You have to pay more for "free" drinks which makes them not free.  Very simple concept really. 

 

Does that really matter, though? I mean, you also have to pay for the cruise, so even if the gratuity was included the drinks would still not really be FREE, right? I shouldn't have to buy a cruise to get the FREE drinks, right? 🙄

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6 minutes ago, SeaShark said:

 

Does that really matter, though? I mean, you also have to pay for the cruise, so even if the gratuity was included the drinks would still not really be FREE, right? I shouldn't have to buy a cruise to get the FREE drinks, right? 🙄

 

Lol.  You are right.  It's like a car manufacturer that advertises a car that includes a free* air conditioner.  The car without the "free" air conditioner is $25,000 and the same model car with the "free" air conditioner is $26,000.   

 

You're right, if you don't buy the car, you can't get the "free" air conditioner. 

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7 hours ago, NurseJEB said:

 

 

Anyone cam sue anyone else at any time for anything.  The court determines if you have a legit cause of action and determines what damages are due.

 

That's not how it works in practice. You never get to court if you don't have a valid legal theory underlying your case.

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