Has Anyone Successfully Sued NCL?

[SMerritt]

Wow. Lesson learned: I will from now on check my paperwork and highlight those dates. Thanks for the heads up and SO sorry this happened to you.

 

Ditto! and Ditto again!

 

We were always under the assumption it was 90 days......

 

We have a Getaway cruise in the Haven booked for Oct 2014 which is "subject to change" for a few more months

[sdmike]

A couple of quick clarifications - each and every time I called NCL, the call started with my reservation number and in each case the rep was staring at my reservation. I realize people make mistakes, but 5 different people?? And this is not a small one - "oh sorry, yes you do get 2 bottles of water in your room." They should know their own cancellation policy.

 

Without getting into a legal debate, the law is not so cut and dried to say that if it's in writing, no matter what you are told, tough for you. I can't speak for Florida law and case precedent but was hoping someone here would say 'In the past NCL has fixed something like this when a glaring error was made by their staff,' so I don't have to find out about Florida law.

 

I guess we'll see. I'll give guest relations until next week, which seems more than fair, before taking any additional steps.

 

I'll keep you posted on the outcome, either way. We really do hope we get to sail NCL again someday!

 

Aren't customer service calls "recorded for quality purposes"? If you get proof of the improper information maybe you have a leg to stand on here

[PDIDDYwife]

A couple of quick clarifications - each and every time I called NCL, the call started with my reservation number and in each case the rep was staring at my reservation. I realize people make mistakes, but 5 different people?? And this is not a small one - "oh sorry, yes you do get 2 bottles of water in your room." They should know their own cancellation policy.

 

Without getting into a legal debate, the law is not so cut and dried to say that if it's in writing, no matter what you are told, tough for you. I can't speak for Florida law and case precedent but was hoping someone here would say 'In the past NCL has fixed something like this when a glaring error was made by their staff,' so I don't have to find out about Florida law.

 

I guess we'll see. I'll give guest relations until next week, which seems more than fair, before taking any additional steps.

 

I'll keep you posted on the outcome, either way. We really do hope we get to sail NCL again someday!

 

 

Actually, the law is pretty cut and dry. If there is a written contract it cannot be altered or superseded by a verbal contract unless the the verbal/oral agreement is witnessed by a third party. ( the actual statutes will vary by state) I would handle this as sweetly as possible- because every paper that I have received from any cruise line about a reservation clearly shows the cancellation date.

 

Best of luck to you!

 

PS- posting statements such as NCL swindled you won't really help you much!! Keep it chill, as the kids say.

Edited January 9, 2014 by PDIDDYwife

[Mr Robberts]

A couple of quick clarifications - each and every time I called NCL, the call started with my reservation number and in each case the rep was staring at my reservation. I realize people make mistakes, but 5 different people?? And this is not a small one - "oh sorry, yes you do get 2 bottles of water in your room." They should know their own cancellation policy.

 

Without getting into a legal debate, the law is not so cut and dried to say that if it's in writing, no matter what you are told, tough for you. I can't speak for Florida law and case precedent but was hoping someone here would say 'In the past NCL has fixed something like this when a glaring error was made by their staff,' so I don't have to find out about Florida law.

 

I guess we'll see. I'll give guest relations until next week, which seems more than fair, before taking any additional steps.

 

I'll keep you posted on the outcome, either way. We really do hope we get to sail NCL again someday!

 

Why is it not ok for the NCL reps to make mistakes but it is ok for YOU to make one by not reading your paper work?

[SissasMomE]

Unclear? Clear as a bell. OP even admitted it was on their documents and it took me all of three minutes right now to find it in black and white on the NCL.com web site.

 

Another case of a consumer just not doing their due diligence. Don't get me wrong. The OP certainly has my sympathy but insurance and a little research goes a long way.

 

It is most definitely unclear if the OP was given conflicting information in the 5 phone calls that they made. From a legal standpoint, especially in Florida, the OP has a strong leg to stand on - hence the advice to contact the Fl AG. Had the OP not made the phone calls, and been given that information, it would be different.

Edited January 9, 2014 by SissasMomE

[hawkeyetlse]

I find it very surprising that the NCL representative who handled the cancellation on December 16th would tell the OP to expect his refund in 5-10 days. I would have expected the computer to indicate that no refund was necessary… (I'm assuming that the OP hadn't paid anything beyond the $2000 deposit, since he was not yet at final payment. Is that right, OP?)

 

Another question: If you had been told correctly that the free cancellation date was 120 days out (i.e. December 1 or November 30, not sure), would you have called to cancel before that? Or would you even have booked the cruise in the first place?

Edited January 9, 2014 by hawkeyetlse

[SissasMomE]

Without getting into a legal debate, the law is not so cut and dried to say that if it's in writing, no matter what you are told, tough for you. I can't speak for Florida law and case precedent but was hoping someone here would say 'In the past NCL has fixed something like this when a glaring error was made by their staff,' so I don't have to find out about Florida law.

 

 

No it's not cut and dry - especially in Florida. They lean heavily on the side of the consumer. Let us know how you make out!

[cxxviii]

For all the finger-waggers, if I had called once I might agree with you. But FIVE different reps all told me it was 90 days.

 

Think about the call I made on Dec 16 to cancel. I give my reservation number. She has my reservation in front of her face on the computer screen. I tell her to cancel and ask about the refund. She says "It will be processed in 5 to 10 business days. Which credit card would you like it posted to?" (I had paid with 2 cards). How does the computer screen not say that we're past the window? She is so clear about the refund that I immediately hung up and canceled the flights and hotel as well (flights were FF trips on STD Award, 25K each, no way I get THOSE back...).

 

Also, it never occurred to me but when I cancelled, did I have an option to move that money to another cruise if I knew I was losing the deposit? If I did, and they didn't offer that to me - and now I'm screwed... then I DEFINITELY have a case. Of course I would have done that if they just would have told me.

[DirtyDawg]

For all the finger-waggers, if I had called once I might agree with you. But FIVE different reps all told me it was 90 days.

 

Think about the call I made on Dec 16 to cancel. I give my reservation number. She has my reservation in front of her face on the computer screen. I tell her to cancel and ask about the refund. She says "It will be processed in 5 to 10 business days. Which credit card would you like it posted to?" (I had paid with 2 cards). How does the computer screen not say that we're past the window? She is so clear about the refund that I immediately hung up and canceled the flights and hotel as well (flights were FF trips on STD Award, 25K each, no way I get THOSE back...).

 

Also, it never occurred to me but when I cancelled, did I have an option to move that money to another cruise if I knew I was losing the deposit? If I did, and they didn't offer that to me - and now I'm screwed... then I DEFINITELY have a case. Of course I would have done that if they just would have told me.

 

Lots of finger-waggers around here. It's par for the course, as they say.

 

Keep after NCL. You might not get any cash back but they might apply the deposit to a future cruise. Good Luck.

Edited January 9, 2014 by DirtyDawg

[hawkeyetlse]

Also, it never occurred to me but when I cancelled, did I have an option to move that money to another cruise if I knew I was losing the deposit? If I did, and they didn't offer that to me - and now I'm screwed... then I DEFINITELY have a case.

I think you have a case, although it's really in everyone's best interest not to get to that point. Would you accept anything less than a full refund of your deposit? And does it have to be refunded to you, or would you take FCC?

 

As for moving the money, I think that would have involved cancelling your original booking and transferring the released funds, but in your case, there wouldn't have been any released funds…

[mpk218]

Im betting you get to transfer funds to another cruise before this is all said and done.. No refund , but credit..

Im also guessing you know who is checking on the rules to this situation right now and may post one of Her helpful links.

 

Or not.. ;)

 

My bet is NCL steps up .

[jlacy1987]

This really does suck. I have a piece of advice for EVERYONE which I have learned as an accountant.

 

Any time you call someone to ask for important information, whether it's cost or deadlines, ALWAYS get that person's name, the date, and time of the conversation. That way if there is ever an issue, you can point out that it was Jane Doe who told you X, Y, and Z on this date at this time versus just saying that an NCL rep said such and such. You can hold them much more accountable that way.

[mpk218]

This really does suck. I have a piece of advice for EVERYONE which I have learned as an accountant.

 

Any time you call someone to ask for important information, whether it's cost or deadlines, ALWAYS get that person's name, the date, and time of the conversation. That way if there is ever an issue, you can point out that it was Jane Doe who told you X, Y, and Z on this date at this time versus just saying that an NCL rep said such and such. You can hold them much more accountable that way.

 

Always excellent advice ... I just wish I could remember it when Im on the phone :D

Edited January 9, 2014 by mpk218

[david_sobe]

Here is the NCL cancellation policy. Yes suites have a 120 day rule for FULL refund. You will lose 25% or the deposit (whichever is greater) if you cancel a suite reservation less than 120 days but more than 90 days.

 

 

 

 

 

CANCELLATION FEE SCHEDULE

 

FOR ALL BOOKINGS MADE AS OF 1/1/11

 

(EXCEPT FOR THE SIXTHMAN "ROMBELLO 2" AND "MOUNTAIN SONG AT SEA" SAILINGS WHICH ARE NON-REFUNDABLE AFTER PURCHASE.)

 

Days Prior to Departure Date Cruise Cancellation Fee Air Cancellation Fee Land Cancellation Fee Add-On Cancellation Fee

 

Cruise Days: 1-5 Days

 

75 - 61 days (Holiday Only) Deposit $0 $0 $0

60 - 45 days Deposit $100 $0 $0

44 - 30 days 50%* 50% 50% 50%

29 - 15 days 75%* 75% 75% 75%

14 days or less 100% 100% 100% 100%

 

Cruise Days: 6 Days or More

 

90 - 76 days (Holiday Only) Deposit $0 $0 $0

75 - 56 days Deposit $100 $0 $0

55 - 30 days 50%* 50% 50% 50%

29 - 15 days 75%* 75% 75% 75%

14 days or less 100% 100% 100% 100%

 

Cruise Days: All Cruise Lengths

 

The Haven and Norwegian Suites

 

(Categories: S1, S2, S3, S4, S5, S6, S7, S9, SA and SB)

 

Greater than 120 days prior to sailing $0 $0 0% 0%

119 - 90 days 25% * $0 0% 0%

89 - 56 days 50% * $100 $0 10%

 

55 days or less

100% 100% 100% 100%

 

 

*or deposit, whichever is higher

Edited January 9, 2014 by david_sobe

[garycarla]

Hope you get something, but...

 

Lesson Learned:

 

Read the contract

Do not trust what reps tell you

Read the online policy

Read the contract again

 

As to phone calls - sadly it is your word against theirs. And, to recordings, it says they "may be recorded", and most probably no longer available anyways.

[hpecorari]

It is most definitely unclear if the OP was given conflicting information in the 5 phone calls that they made. From a legal standpoint, especially in Florida, the OP has a strong leg to stand on - hence the advice to contact the Fl AG. Had the OP not made the phone calls, and been given that information, it would be different.

 

I disagree! It's on his reservation contract.....in black and white.

 

Harriet

[rvsullivan]

Since the OP was in the 90-120 day window, the cost is 25%. If the OP is losing $2000 then cost of the cruise was $8,000??? Seems pretty high unless it was a GV? If OP only put down $2000, the the agents question would make a lot of sense. The would forfeit $500 and the $1500 would be going back on the card.

 

This post starts out with the OP stating the terms are on the contract he/she has in his/her hands. Not going to help the case with either NCL or the Florida AG in making a case for not knowing what the terms were?

Much better chance of asking for a move of the deposit to another cruise. Starting of with asking for info on suing NCL does not help.

[david_sobe]

Since the OP was in the 90-120 day window, the cost is 25%. If the OP is losing $2000 then cost of the cruise was $8,000??? Seems pretty high unless it was a GV? If OP only put down $2000, the the agents question would make a lot of sense. The would forfeit $500 and the $1500 would be going back on the card.

 

This post starts out with the OP stating the terms are on the contract he/she has in his/her hands. Not going to help the case with either NCL or the Florida AG in making a case for not knowing what the terms were?

Much better chance of asking for a move of the deposit to another cruise. Starting of with asking for info on suing NCL does not help.

Read the * part

25% OR the deposit, WHICHEVER IS GREATER

 

.

Edited January 9, 2014 by david_sobe

[Demonyte]

Since the OP was in the 90-120 day window, the cost is 25%. If the OP is losing $2000 then cost of the cruise was $8,000??? Seems pretty high unless it was a GV?

 

Two or more people in a haven suite can easily total over $8000 - even on our pretty low-season 7 night Med cruise the prices for haven suites currently start from $3200pp (GV being over $10K and DOS $6K) before taxes and fees - and in OP's case March in Caribbean is very high-season.

 

ETA: Also, david_sobe got here first. :D

Edited January 9, 2014 by Demonyte

[che5904]

Aren't customer service calls "recorded for quality purposes"? If you get proof of the improper information maybe you have a leg to stand on here

 

Actually Mike from my call not that long ago the wording is "May be recorded for quality..."

[Godiva830]

When you booked your cruise, and then had to call 5 more times and talk to 5 different people, why didn't you talk to the same person you booked with originally? Did you keep calling and speaking to different people until you heard what YOU WANTED TO HEAR? Any changes you make you get an email confirmation with the changes and the cancelation terms with the EXACT dates pertaining to your specific cruise.

 

If you made these reservations knowing you may need to cancel you should have read your confirmation with a fine tooth comb and keep this information in mind and your exact cancelation dates. I booked a cruise way over a year in advance, a suite also, not knowing if I could even get the time off from work. I read when I need to cancel by. Also booked the airfare and took cancelation insurance on the airfare bc I still didn't know if I could get the time off. I took, and read all the necessary precautions until I knew for sure I was getting the time off.

 

People who don't read documents or take the necessary precautions and then having issues are always looking to blame someone else. It's NEVER their fault. Put the blame on someone else for your mistake.

 

Plus, this isn't your first time at the rodeo, you've cruise before and have been through the reservation process.

[DrNora]

Since the OP was in the 90-120 day window, the cost is 25%. If the OP is losing $2000 then cost of the cruise was $8,000??? Seems pretty high unless it was a GV? If OP only put down $2000, the the agents question would make a lot of sense. The would forfeit $500 and the $1500 would be going back on the card.

 

This post starts out with the OP stating the terms are on the contract he/she has in his/her hands. Not going to help the case with either NCL or the Florida AG in making a case for not knowing what the terms were?

Much better chance of asking for a move of the deposit to another cruise. Starting of with asking for info on suing NCL does not help.

 

OR accusing them of being swindlers. :cool:

[DrNora]

Since the OP was in the 90-120 day window, the cost is 25%. If the OP is losing $2000 then cost of the cruise was $8,000??? Seems pretty high unless it was a GV? If OP only put down $2000, the the agents question would make a lot of sense. The would forfeit $500 and the $1500 would be going back on the card.

 

This post starts out with the OP stating the terms are on the contract he/she has in his/her hands. Not going to help the case with either NCL or the Florida AG in making a case for not knowing what the terms were?

Much better chance of asking for a move of the deposit to another cruise. Starting of with asking for info on suing NCL does not help.

 

rvsullivan; 5 of us in an s4 is at least 10k with taxes and fees...

[che5904]

People who don't read documents or take the necessary precautions and then having issues are always looking to blame someone else. It's NEVER their fault. Put the blame on someone else for your mistake.

 

I agree completely with what you are saying here. And especially, since as I point out above, my initial confirmation email directly tells you to read the cancellation policy. So I as well, think the OP should be taking the responsibility of not doing what they should have done. Which is why IMO thinking of suing someone over this is ludicrous.

 

However, in saying this I also don't take the wrongs away from the NCL call center. And we are not talking about a large sum of money (to NCL) and they still have time to rebook the cabin. And therefore, I think it would be in the best interest of NCL to waive the amount.

 

So, IMO instead of suing and wasting a court's time because the OP (at least in part) has to assume some responsibility. But the OP should be taking this further up the line with calmness and directness asking that the amount be waived because even if the OP had read the terms of cancellation and had just been phoning to "double check", they were not given the correct information.

Edited January 9, 2014 by che5904

[esp13]

I'm not sure there is a basis for a lawsuit give that both sides were wrong. OP should have seen the cancellation date on the paperwork and taken note of it. NCL call center should have provided accurate information. It sucks, but I can't see that NCL mislead the OP when the proper information was provided on all of the paperwork and not buried in some small type legalese somewhere. I'm looking on my e-mail confirmation and the Cancellation Policy is in big bold letters towards the bottom of a single page.

 

That does not mean I am excusing NCL from giving incorrect information and I would hope that under those circumstances, NCL would refund the deposit. I just don't think there is much of a basis for a lawsuit when both sides screwed up.