Should I use an Arbitration Service or go to courts to resolve a dispute?

[jimmyisgod]

I have recently returned from a Regent cruise (Auckland to Sydney) and am in dispute with Regent over a "problem" that lasted throughout the cruise and which was never "fixed". When we returned to the UK I wrote to the customer services manager in the UK and got a very poor response (he basically ignored my complaint). So I wrote again and have been offered compensation in the form of a cruise credit, the amount of which I feel is totally inadequate. I have consulted my solicitor and am prepared to go to court to get a settlement.

In general terms, the dispute is over excessive noise in the cabin (number 869 – which we dubbed “the cabin from hell”), which was not resolved during the whole of the 2 week cruise, despite FOUR visits by their engineers. So we had no sleep throughout the whole cruise. I made Regent fully aware on board that I was going to complain when I returned to the UK - we have exchanged letters and we have been offered a cruise credit which in my opinion no way compensates for ruining a special 20 year anniversary cruise which cost $20k (cruise fare only). We spent a similar amount on air fares and hotels in NZ and Oz etc.

 

Regent has suggested that we use the UK based Passenger Shipping Association "dispute settlement service" which they claim is "independent and impartial". However the decision is non-binding on either party.

 

My concern is that the PSA is funded by the cruise and ferry companies, so how independent are they? The dispute resolution service in the USA is the American Arbitration Association in Miami ( It says this in clause 27 of Regents Terms & Conditions) - I wonder if any of our American colleagues have used this route to settle a dispute. I am considering using this organisation instead of the UK PSA

 

Does anyone have any experience of using either of these services? I'm happy to use it if its "fair" and I'll take my chance on the result. I'm equally happy to go to court and fight my corner - I am so angry with how we have been treated by Regent that I don't care how long it takes or how many letters and forms I need to fill in to get a fair hearing.

I have posted a similar thread on the Regent board but decided to put it on here also to see if I could get a wider reponse. Any help and/or advice gladly welcomed! :mad::confused:

[1025cruise]

Review your cruise contract. You may have no choice but to use the arbitration service. You could show up in court, Regent supplies a copy of the contract stating that you agreed to arbitration, and then you just wasted your time.

[trish1c]

With AAA it's usually a 3 arbitrator system -- you pay for one, the cruise line pays for one & you split the costs of the 3rd. It is truly indpendent. The arbitrators also have a specialization in your problem so you won't have someone unfamiliar with maritime law trying to resolve your dispute.

Arbitration will be much less expensive, much less time consuming & less formal.

[firefly333]

I was on a ship parked next to a thomson cruise and they too were next to the pax from heck. They finally got a lower cat cabin to sleep in. The lady was singing and playing music as loud as it could go day and night and swearing at the cruise personnel loudly, and didnt speak english apparantly.. (so not sure how she knew the lady was swearing)

[firefly333]

I was on a ship parked next to a thomson cruise and they too were next to the pax from heck. They finally got a lower cat cabin to sleep in. The lady was singing and playing music as loud as it could go day and night and swearing at the cruise personnel loudly, and didnt speak english apparantly.. (so not sure how she knew the lady was swearing)

[cnote100]

With AAA it's usually a 3 arbitrator system -- you pay for one, the cruise line pays for one & you split the costs of the 3rd. It is truly indpendent. The arbitrators also have a specialization in your problem so you won't have someone unfamiliar with maritime law trying to resolve your dispute.

 

Arbitration will be much less expensive, much less time consuming & less formal.

 

Ditto. Might also be a good idea to make sure you have solid legal legs to stand on, as the cruise contracts are very cruiseline friendly. Make sure to get a clear objective interpretation of your legal dispute before you continue to dive to deep into this i.e. check again with you solictor/lawyer - or better yet, talk to one with cruise/maritime experience.

[LHT28]

Have you asked on the Regent board about problems onboard?

 

Or written to the CEO of Regent (Prestige Cruise Holdings) I am sure Mr. Del Rio would be interested in your complaint

[lady_cruiser]

Since the engineers visited your cabin several times and could not resolve your problem it could be that the problem can not be fixed. You might also want to visit this link http://boards.cruisecritic.com/showthread.php?t=483344 and let everyone know not to book this particular cabin. It will help if you put in the ship's name and cabin number in the subject line. After all we cruisers need to look out after each other.

 

Good luck in your arbitration.

[CanWeGoYet?]

The lady was singing and playing music as loud as it could go day and night and swearing at the cruise personnel loudly, and didnt speak english apparantly.. (so not sure how she knew the lady was swearing)

 

 

LOL. My son is not fluent in multiple languages, but seems to have learned the naughty words in many many languages. So he knows if someone is talking bad, we had housekeepers who spoke a Chinese dialect in our house & after he clued me in I was able to comment to them on their conversation. It did surprise them.