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Eli_6

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Everything posted by Eli_6

  1. Carnival has no claim against he OP or the original fraudster because they knew about the claim and sat on it and did nothing. Tolling of a statute of limitations would not enter into the scenario you are painting. Carnival knew about the charge back so the SOL would not be tolled. Tolling would have only come into play if Carnival had just found out about the fraud. For example, if someone buys a house with a defect that the prior owner purposefully covers up then the SOL would be "tolled" until the buyer discovered the hidden defect and THEN it would start to run. Carnival knew about this situation all along so none of their claims would be tolled. OP could bring a claim against them for holding on to his deposit because that is a new claim. The only place "tolling" would enter into the discussion is if OP wanted to pursue the original fraudster agent because OP knew absolutely nothing about the original fraud. Since he can't even find him, that's a non-issue. OP has a right to his deposit back because Carnival no longer has any claim against anyone regarding the money from 7 years ago. Not even thefraudfeasor. Even if the OP was the actual fraudfeasor, Carnival STILL couldn't keep his deposit for a different cruise at this point. Their claim from seven years ago doesn't exist anymore. At this point, I have to bow out of this discussion. I try to make it a point not to argue with non-lawyers about the law because I have already spent enough of my life arguing with lawyers about the law. OP: I wish you the best of luck. Get your ducks in a row with your paperwork (as much as you still have) and then create an outline or letter detailing the rest. (I personally would present it in a signed, sworn and notarized affidavit to show you are telling the truth. The IRS accepts this as proof so Carnival can as well.) Present it to guest care or one of John Heald's helpers and hopefully that will be enough to get you off the "no sail" list. At a minimum, it should at least get you your deposit back.
  2. Also, I hate when someone is bamboozled by a fraudster and everyone blames the victim or says "Well, I wouldn't have used Zelle" or "this and that should have been a red flag." Come on. Most people don't go around living their lives like that. People who run these sorts of criminal enterprises set them up to fool even the most discerning customer. They have websites, store fronts, referrals, the proper business affiliations (usually fake), the proper licensing (also usually fake), the proper insurance papers (they pay for it than drop it), etc. How do you think Madoff and R. Allan Stanford bamboozled people out of billions? I worked on the civil side of the Stanford case and some of my clients were people who highly successful businesses worth tens of millions who were fooled by him. Yes, I know a travel agent isn't on his level but when someone comes as a referral and looks legitimate with a legit page, 98 percent of people wouldn't look further than that. Heck, it may even be that the business started out as a legitimate business and then that particular agent started doing this to make extra money. So, OP's friend could have had a good experience.
  3. Neither of those matter in this situation unless OP wanted to sue the original bad actor. Then, yes, it may be that the SOL on his civil claims against the agent would have tolled because he was unaware of the fraud. But then you get into questions of whether the OP should have known, etc. For this amount of money, it is unlikely it would be worth a lawyer taking that on...especially when no one knows where the agent is. The statute of limitations that I am referring to is that Carnival could have pursued the OP for the fraudulent charge back. They didn't. That statute of limitations has undoubtedly run so, therefore, they cannot then take OP's money they paid for another service (a new cruise) and keep for themselves for a claim they never pursued. They sat on their rights and so they lost them. Their claim to that money and right to pursue OP for that money, has expired. They can exclude whomever they want from their ships but keeping money for an expired claim (which is effectively no claim at all) is not legal. The entire reason for running a statute of limitations is for this exact situation. If Carnival had original sued OP for the money, then OP could have sued the original bad actor and the situation hopefully resolved. Now, seven years later, he probably won't even be able to find him/her. DISCLAIMER: I am an attorney, but not an attorney for anyone on this page. Nothing I say should be considered legal advice.
  4. Many legitimate businesses don't accept Amex. The reason is because it charges a significantly higher processing fee. Most businesses of the size of a travel agency having a credit card processing company that charges around 2.2 to 2.4 percent (some slight lower and some slightly higher) to process credit cards. Amex's fee is closer to 4 percent while Visa, MC, Discovery all charge lower fees. I would not personally take it as a red flag that a business didn't take Amex. Now if they didn't take ANY credit cards...that's a different story.
  5. I would get together all of your info and possibly do a signed, notarized affidavit and submit your info to carnival guest care rather than messing around with calling them.
  6. Yes, I agree. Or prove to CCL's satisfaction that he wasn't the fraudfeasor. But if he gets his entire deposit back for all the rooms, he can theoretically book another cruise on another line.
  7. I understand that, but OP said they are holding on to his deposit and refusing to give it back to him on the canceled cruise. Carnival has no right to do that because any claim CCL could have brought against him for the charge back would be outside of the SOL. So, they can cancel his cruise but they need to give him his money back for the cruise they are canceling. If your claim for fraud is outside of the SOL it is NO CLAIM AT ALL. So, CCL may have been out money years ago but by not asserting their rights and pursuing their claim they lost any right to pursue him for that money or hold on to his money he paid for a different deposit on a cruise. One reason statutes of limitation are put in place is to prevent this EXACT sort of situation where so much time has passed that no one can now get documents or evidence or track down the real offending party.
  8. CCL is refusing to REFUND his deposit after canceling his cruise. Hence, they are holding on to his REFUND. If the SOL has passed on the claim, they have no right to do this because they have no claim even if they believed he was the fraudster.
  9. If the claim is outside of the SOL, then Carnival has no right to hold on to his refund. As for Zelle, then contact Zelle or his bank. I have to go through my bank to use Zelle so that would be even more support than a cc company. When I had my fraud situation, my bank was the only entity that actually gave me back some money. I was up a creek with cc companies because I had authorized the charges...even though I ultimately never received the services the charges were for.
  10. I have a several thousand dollar FCC I am trying to apply to a booking. I contacted Carnival about it on Jan. 8th. They responded the next day saying they would credit it to my account, but it is now 1/16 and it is still not credited to my account. When I have done this in the past, it was usually applied within a couple of days. At what point do I call? I hate calling, btw. I hate waiting on hold and I hate talking on the phone.
  11. I don't agree with most of PPs. You are a victim of fraud just like Carnival and shouldn't be held responsible for someone else's obvious fraud. I would do a signed and notorized affidavit stating the situation and that you were not involved with the fraud, get together everything you can from your cc company involving the charge back and specifically anything that shows the charge back didn't come from you and then present all the information to Carnival's customer service to either get your money back or go on the cruise. If none of this works, contact John Heald with this info. You might also try finding out if there is any information on the fraudster agent in her local jurisdiction. If there were any fraud charges against her, etc. You might also reach out to the friend referral and try to figure out if the agent did this to anyone else and then also present this information to Carnival. I feel your pain. It sucks being a victim. We had tens of thousands of dollars (and a rolex watch and tools) stolen from us by a fraudster construction guy who literally gave us fake insurance documents, had family members giving him fake referrals, etc. after a hurricane. We went to authorities--both police and the Harris County DA's office. I had over 100 pages of documents proving his fraud. They did nothing. I was told since I lived in a large county, they didn't take action until he had ripped off multiple people. Guess what? He ultimately ripped off multiple people. By the time they finally did something, the guy had ripped off over 20 families and left the state.
  12. I am so excited about this! Looking forward to the YC.
  13. Anyone heard what is happening to the cruises that go through the suez canal in light of the recent terrorist attacks on cargo ships? I noticed Princess is still selling its WC segment that goes through the suez canal. I am wondering what will happen if they have to re-route the ship.
  14. Is the spring WC still going through the Suez Canal with all the trouble with terrorists attacking ships? Is it still stopping in Jordan? Anyone on the ship know? I notice they are still selling segments for that portion of the cruise, but at a very reduced rate.
  15. Oh, he thinks they are bad. He thinks they are terrible. But better than literally around the entire world. He will definitely have to be in business even if the rest of us are in coach. Air New Zealand flies from Houston to Auckland and has where for an extra $900 you can get an "sky bed" that is basically an entire row of economy so it is price of economy+$900. I am thinking about putting me in the kids in one of these each and putting my husband in business. Business is 3 times the price of the sky bed.
  16. My husband's biggest issue with ALL of this is the long flight. I have been dreaming for years about circumnavigating the globe. Obviously can't do this with someone who is a testy flyer. (I like flying and sleep better on an airplane than on land.) So, my solution is we have one really bad flight to start the trip (get it over with) from Houston to Sydney. Then we cruise from Sydney to Rome. Then we fly back from Rome. Boom--gone around the globe and been able to hit Australia, Asia, and Middle East.
  17. We are experienced cruisers, but not on Princess. I have been wanting to take a world cruise for years, but the problem is most don't run in the summer (kids in school) and my husband can't be out-of-contact with his business that long. However, between Princess upgrading their internet and Princess offering a summer WC from Australia, I have been watching the 2025 wc segment from Sydney to Rome. For months the segment was showing as sold out. Finally, I got a balcony. Then, today, I was able to snag a second nearby inside room...which works out well for us. So, we are all set with two rooms for my family of four. I am taking my Mom on a scandinavian cruise in August 2024 so that will be my first experience on Princess and I hope will allow me to "dip my toes" in the Princess pool and learn a little bit about her before I jump on a boat for 36 days. We are platinum on Carnival so that is one reason I have looked at Princess...figuring that at least some of the things would be similar but (hopefully) just a little nicer. (For example, it is a BIG deal to me to have self-service laundromats on a ship and some lines do not.) What can I expect from a Princess WC? How will it be different from my upcoming shorter cruise with Princess? How will it be different from Carnival?
  18. I think so. Really, though, we have until Feb 2025 to pay for the world cruise so I can spread them out more than that. The Scandinavian cruise is only like 3k. The world cruise is the expensive one. We got two rooms--a balcony and an inside room--for the 4 of us. The balcony was DOUBLE the inside room. However, I do not want to be stuck in two inside rooms for almost 40 days with 2 stinky boys--and at least one of them going through puberty. I am guessing other guests feel the same way and, therefore, they are able to sell the balconies at a premium. There was also a hefty location premium to get on the Lido deck, but again in thinking about being on a ship for 36 days, I wanted a good location. I would assume a princess "world cruise" would not be too rowdy or loud on the Lido. I also wanted a location not too far from the kids club/area and it is just on the deck above. This is the only world cruise that runs in the summer AND has a Kid's club and activities for kids.
  19. Sure--when we get to it! It is a ways away now. Especially the world cruise segment. But I am planning ahead in case I have to buy the cards in increments.
  20. Is there a limit on number of gift cards you can buy total on AARP? I am taking my Mom on a Scandinavian cruise in August 2024 and the hubs and kids on a world cruise segment (36 days) in June 2025. (Both on princess but I know AARP sells Princess cards, too.) Cumulatively, this will be about 30k+ so I figure the 3k in savings is worth it to use the gift cards. I see there is a monthly limit of 25 cards, but wondering if they cut you off at amount at some point.
  21. Yes, I would like to know this as well. I have done Uber in London area before, but it doesn't go to some of the more rural areas of England. For example, I know it doesn't go to Kent (the shire where Dover is located) and some of the shires have prohibitions on Uber. I am not worried about myself being tired because the only direct flight is on BA and they have the lay flat beds and I always conk out on the overnight flights. I honestly sleep better there than at home...I think it has something to do with the white noise and vibration of the airplane. However, I don't know if my Mom will be able to sleep as easily as I can. I went to grad school in Scotland so I am used to the overnight flight from Houston to London as there were no direct flights to Edinburgh from Houston. However, I have never driven in the UK and always opted for the tube or Uber. My husband has driven in the UK--even driven London and driven a standard which is really hard because you are shifting with your left hand--but he won't be with us on this trip.
  22. This will be my first cruise on princess, although we have cruised extensively on other lines. (This is mainly because we have young kids.) However, I purchased my elderly Mom a Scandinavian cruise as a Christmas gift (from Southampton) because her father was from Denmark and she has always wanted to go there. Princess had the itinerary I liked. First Question: We have a standard balcony room on the Sky Princess. Is there anywhere on the ship that we aren't permitted? I know on other lines there are special areas for gifts in suites or staying in a certain area--i.e. The Retreat on Celebrity, Havana area on Carnival, etc. I have cruised to/from Dover, but never Southampton. We will probably arrive the day before the cruise as it makes me nervous flying in the day of from the U.S. I currently don't have a Princess transfer booked, but I would prefer to do this if possible. Will they pick you up from your hotel in London the "day of" or do you have to make your way back to the airport and be picked up there if you use their transfer service? Alternatively, will they transfer you from the airport to Southampton the day before? Does anyone have a hotel they recommend? My other option is to arrive the "day of" at 6:50 a.m. to Heathrow. Do you think that is too risky? I have never flown in "day of" for a European cruise before and it makes me nervous, but admittedly it would be easier to go straight from the airport to the cruise ship with my elderly Mom.
  23. That one is available. So you didn't have any problems with noise from the Lido deck?
  24. Yes, I figured I would rent her a scooter. On the Europe cruises that I have been on with my family on Carnival (young kids so we go with Carnival for the slides, etc.), there are usually quite a few older people with scooters so I assume there is some sort of rental company out of the UK that one could use. I figured that Princess would be better for my mother. Plus, this itinerary goes to Denmark.
  25. Hello, As a Christmas present, I am going to book my late 70s Mom (and myself) a cruise to Denmark and Norway. Her father was from Denmark and she has never been. I am not going to undertake a land vacation to Denmark as I think that would be too much for her and, furthermore, I am familiar enough with LHR and getting around in the UK having done my graduate degree at a UK school. My Mom's main issue related to travel is that she went in for an ablation about 7-8 years ago to fix a heart arythymia and the surgeon screwed up and partially severed her phrenic nerve. (This is the nerve that controls your diaphram.) She originally was only able to breathe at about 20 percent. Through much hard work, she is now up to 70 percent...but, long story short, she doesn't function at normal air capacity as the rest of us. She is NOT on oxygen. She sometimes walks with a cane on uneven surfaces. Long story short: She's mobile, but more of a tortoise rather than a hare. In looking at available rooms, there is a plethora available on Deck 17 on the Sky Princess. I like the idea of either being on Lido deck or the deck right above it for easy access to the buffet and pool. Would you recommend those rooms near the "Retreat Pool" on Deck 17? From renderings I see online and pictures, it appears there is a glass wall between the pool and the rooms. Is this correct? Are those rooms loud? Also, would you rec a room that faces directly out on to the pool or one closer to Forward that might be a little more quiet? I have been on cruises with her before and there have been issues with waiting on elevators...thus, my preference would be to either be on lido, a floor above lido or the Emerald deck/deck 8 right above the promenade deck, etc. There is one room on lido but it is the room right by the lido deck closest to the entrance/exit so I worry about it being loud. Thoughts or suggestions?
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