Royal Caribbean kicked me off cruise ship for having a migraine

[Julesben]

This is a tough experience....I understand RCCLs side as they need to be safe....but on the other hand the passenger knew what was happening and simply needed RCCL to listen.....tough break.....

 

To the OP....you're gonna get many people on here that will be rather rude when responding....just try to ignore the rudeness and listen to some of the posters on here who may have good advice for the future.....

 

My thoughts exactly.

 

Too many "experts" on here. Ignore the cheerleaders.

[Ocean Boy]

My quote feature isn't working, but I wanted to answer the question "Why should RCI lose money?"

 

Because they accepted the passenger's money and decided they wouldn't give her what she paid for. I don't understand how people feel it's OK to keep someone's money but not give them a cruise.

 

I still compare this to buying an item in a store, paying for it, then when it's delivered, the STORE determines you can't have it AND keeps your money. That's OK?

 

 

 

I am asking you this just to get your opinion and not to be argumentitive. At check-in they ask everyone to fill out a health question form. If someone is honest and is denied boarding because of present symptoms of illness do you feel that they should be compensated? According to the contract obviously the cruise line owes nothing. However, people might be more likely to answer the questions honestly if they know that they will at least be re-booked onto another cruise. I just wonder if the cruise lines following the letter of the contract might be contributing to the "sick ships" that make the headlines from time to time.

 

I'd also be interested in what some of the "contract quoters" on this thread feel about the issue. Would you rather the cruise lines be a bit more lenient or enforce the contract to the letter and find yourself on a ship with issues like Explorer had a couple of weeks ago?

Edited February 9, 2014 by Ocean Boy

[Weatherman1182]

Bottom line is-- she wasn't contagious sick, like Norovirus.

 

Without any further details, it's hard to say that RCCL did the right or wrong thing by kicking her off.

 

However, shame on the people here (jerks, frankly) who think she shouldn't be compensated. They took HER MONEY which went toward a cruise and kept it, even though she wasn't able to enjoy it.

 

They are wrong in not compensating her, even slightly. Go on RCCL Cheerleaders, keep acting better than thou.

 

As a diamond member, who solely cruises with RCCL- even I can stand up and say IF this story is true, then she 100% deserves SOMETHING from them.

[Dawniepoo]

 

 

 

 

 

 

 

 

I always love it when the uninformed feel the need to offer their "expert" advise.

 

My wife has tried every "Migraine Prevention" diet published, and guess what?

 

THEY DON'T WORK FOR HER!

 

 

 

 

 

 

 

 

 

 

Other Articles | December 13, 1930

 

MIGRAINE

 

RESULTS OF TREATMENT BY KETOGENIC DIET IN FIFTY CASES

CLIFFORD J. BARBORKA, M.D.

 

 

JAMA. 1930;95(24):1825-1828. doi:10.1001/jama.1930.02720240035010.

 

 

So you are going to quote an 83 year old article that was published Dec. 13, 1930? And they studied a whopping 50 cases?

 

I think I will go with something a little more current, and a little more broad.

 

 

If ignorance is bliss, there are some very happy people here on Cruise Critic.

 

This is the best post ever! :D I'm a research junkie, so I did my own as well. I searched my university's database and found no single studies of migraine prevention and the ketogenic diet, so I also searched with just "diet". No conclusive studies to suggest a ketogenic diet prevents migraines. I learned something today!

[Thetrail]

Oh, yes! Remember that line about "They gave me my Imitrex?" They didn't allow me to take it on my own. They dispensed it to me -- THEY removed it from the packaging and handed it to me. Imitrex is specifically contraindicated in a stroke situation, as it is designed to cause vascular changes in the brain. It could be extremely dangerous or perhaps even fatal in such a case.

 

So there is one of two actionable possibilities here:

 

1.) The doctor recognized Imitrex as a migraine medication, and by dispensing it acknowledged that I WAS having a migraine and so did not warrant forcible disembarkation

 

OR

 

2.) Gave an UNKNOWN medication to a person suspected of having a stroke, when a quick consult with a Physician's Desk Reference or a call to a local ER would have revealed that this was a specifically contraindicated medication.

"forcible disembarkation", do you really know this for a fact and what the criteria is or is it "lawyer speak"....:rolleyes:

[S.A.M.J.R.]

I am asking you this just to get your opinion and not to be argumentitive. At check-in they ask everyone to fill out a health question form. If someone is honest and is denied boarding because of present symptoms of illness do you feel that they should be compensated? According to the contract obviously the cruise line owes nothing. However, people might be more likely to answer the questions honestly if they know that they will at least be re-booked onto another cruise. I just wonder if the cruise lines following the letter of the contract might be contributing to the "sick ships" that make the headlines from time to time.

 

I'd also be interested in what some of the "contract quoters" on this thread feel about the issue. Would you rather the cruise lines be a bit more lenient or enforce the contract to the letter and find yourself on a ship with issues like Explorer had a couple of weeks ago?

I think that's a good question. I do think someone showing up ill and being turned away by RCI should be refunded their money. Even if someone "abuses" this, what are they gaining? They've already paid for the cruise, they're out whatever transportation/hotel/meal costs, so what's in it for them. It might even allow for more honest answers to the health questionnaire.

 

Could the OP have taken steps to avoid the issue? Probably. But that still doesn't solve the issue of paying RCI for a cruise, not getting the cruise, AND not getting their money back.

[Kellie Poodle]

My quote feature isn't working, but I wanted to answer the question "Why should RCI lose money?"

 

Because they accepted the passenger's money and decided they wouldn't give her what she paid for. I don't understand how people feel it's OK to keep someone's money but not give them a cruise. :confused:

 

I still compare this to buying an item in a store, paying for it, then when it's delivered, the STORE determines you can't have it AND keeps your money. That's OK?

 

The passenger accepted the contract that stated she was fit to cruise. Obviously, being taken off the ship for medical reasons can't be construed as "fit to cruise".

 

Under the same contractual situation, the passenger was informed what the consequences of cancellation of the cruise were for specific time points prior to cruising. Cancellation on the day of sailing forfeits the entire fare.

 

These are things that are made clear to cruisers. Legally speaking, the contract was breached by the passenger being unfit to travel.

 

It's not "fair" that she forfeits her fare for the cruise, but RCI does have legal standing to not refund it. If she was honest with her insurance company about her condition, she should be reimbursed by them.

Edited February 9, 2014 by Kellie Poodle

[galavant3]

Does it specify anywhere who gets to make the "fit to travel" determination? If she felt she was fit to travel and her personal physican agrees, would that make a difference?

 

Seems like "fit to travel" is a bit arbitrary.

[Kellie Poodle]

 

I'd also be interested in what some of the "contract quoters" on this thread feel about the issue. Would you rather the cruise lines be a bit more lenient or enforce the contract to the letter and find yourself on a ship with issues like Explorer had a couple of weeks ago?

 

I'm a contract quoter. That's a tough question.

 

Having spent the majority of my working life in the field of law, it's very hard to look past the contract, but I think my main concern here, and that would relate to your scenario as well, is that people do not properly prepare for their cruises.

 

If a potential passenger has purchased the proper travel insurance, they should have no problem cancelling at the last minute for illness and thereby sparing the rest of the ship from noro.

 

I see two factors here: specific performance on the contract and responsibility for one's own actions.

 

If you can afford to lose your entire fare, then you don't need insurance. If you can't, consider the insurance part of the cost of travel and maybe forgo the casino and beverage package if it doesn't fit into your budget.

 

I sympathize with the OP, but I see no reason for RCI to pay her for the cruise. I have not read that a gun was held to her head by a crew member insisting she go to the medical office. If she knew what was causing her condition, she should have and could have refused treatment by the doctor and taken her own medication.

[Kellie Poodle]

Does it specify anywhere who gets to make the "fit to travel" determination? If she felt she was fit to travel and her personal physican agrees, would that make a difference?

 

Seems like "fit to travel" is a bit arbitrary.

 

RCI wrote the contract. It is in their interest to be vague.

 

Had she had a letter from her personal physician stating that she had certain reactions to strobe lights and what the symptoms were, we would not be having this conversation. The ship's physician declared her not fit for travel and that's what counts here.

[galavant3]

RCI wrote the contract. It is in their interest to be vague.

 

Had she had a letter from her personal physician stating that she had certain reactions to strobe lights and what the symptoms were, we would not be having this conversation. The ship's physician declared her not fit for travel and that's what counts here.

 

 

I would think that if her personal physician disagrees and is willing to put that in writing, she might have a legitimate claim. After all, he/she knows much more about this passenger's medical condition that a ship's doctor who has only seen her once.

 

I'm sure if she thought the letter would be necessary, she would have obtained it.

 

I guess what concerns me is this....what if someone swallows something and "it goes down the wrong pipe" while standing in line waiting to board - and has a violent coughing spell. What's to prevent them from being classified as "unfit to travel" and denied boarding?

[LBeeE]

To the OP: I didn't read through all 250+ responses, (and I probably won't attempt to continue reading the responses after this because I sometimes find this website format a little hard to follow), but I read enough to know that many RC fans don't agree with you. I think this is terrible. I just wanted to weigh in and say I think you have been wronged, I agree with you 100%, and I hope you are able to get some sort of a refund on your cruise fare. I think you are doing the right thing to seek recourse.

[setsail]

Really, all we have here is a story, there are no validated facts as to what was done/not done by rci,their doctor, or any of the crew. What we do have is many pages of speculation based on a story.

Edited February 9, 2014 by setsail

[galavant3]

Really, all we have here is a story, there are no validated facts as to what was done/not done by rci,their doctor, or any of the crew. What we do have is many pages of speculation based on a story.

 

Good point.

[Ocean Boy]

Really, all we have here is a story, there are no validated facts as to what was done/not done by rci,their doctor, or any of the crew. What we do have is many pages of speculation based on a story.

 

And that is exactly what is to be expected on a thread where the facts will never be know as the other side of the story will never be posted here.

[Paulxyz2004]

 

I still compare this to buying an item in a store, paying for it, then when it's delivered, the STORE determines you can't have it AND keeps your money. That's OK?

 

Apples to oranges. When you buy an item in a store there is an actual item and if the store does not give it to you, there is something remaining with the store they can sell to someone else. This is not the case for a cruise. This can not be re-sold that late in the game and there is no "item" remaining.

 

So again, yep it´s OK for RCI to Keep the Money.

 

The entire discussion of course can go on forever on here. In the real world RCI made a decision already, which puts an end to the game. Only way to pick the game up again is if the OP takes legal Action.

 

BTW I doubt we´ll hear from the OP again. She came here to bad mouth RCI in the hope of getting some attention and Support, but underestimated the fact that many posters on here will not blindly slam the big Company, but are level headed enough to form an objective opinion.

[Ocean Boy]

I would think that if her personal physician disagrees and is willing to put that in writing, she might have a legitimate claim. After all, he/she knows much more about this passenger's medical condition that a ship's doctor who has only seen her once.

I'm sure if she thought the letter would be necessary, she would have obtained it.

 

I guess what concerns me is this....what if someone swallows something and "it goes down the wrong pipe" while standing in line waiting to board - and has a violent coughing spell. What's to prevent them from being classified as "unfit to travel" and denied boarding?

 

It is RCI's ship and I suspect the final decisions are purely the prevue, and responsibility, of RCI's medical team. The personal physician is not present to assess the situation as it is unfolding so I doubt that a letter is going change anything from a legal perspective.

Edited February 9, 2014 by Ocean Boy

[galavant3]

It is RCI's ship and I suspect the final decisions are purely the prevue, and responsibility, of RCI's medical team. The personal physician is not present to assess the situation as it is unfolding so I doubt that a letter is going change anything from a legal perspective.

 

I'm sure you are right but in this case, but if that's true, a letter from her personal physician might not have made a difference.

[C Cruise Dude]

I think that she deserves a refund plus. Sounds like over reaction by Royal.

 

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[Missus Makkem]

Most migrane sufferers don't experience migranes when on low-carb, high-fat diets, so you might want to consider cutting out carbs just before the cruise to reduce the likelyhood of this happening on your next cruise.

 

So you have suffered from Migraines for years and these diets have worked for you?

Wonderful news, :rolleyes:

[DebJ14]

I would think that if her personal physician disagrees and is willing to put that in writing, she might have a legitimate claim. After all, he/she knows much more about this passenger's medical condition that a ship's doctor who has only seen her once.

 

I'm sure if she thought the letter would be necessary, she would have obtained it.

 

I guess what concerns me is this....what if someone swallows something and "it goes down the wrong pipe" while standing in line waiting to board - and has a violent coughing spell. What's to prevent them from being classified as "unfit to travel" and denied boarding?

 

I have thought about this quite a bit and worried that I would be put off a ship. I have had stress induced vasomotor rhinitis for more than 2 years now. My nose does not drip out the front like it does for some people. Instead, whenever I eat or drink anything, or even brush my teeth, I get a post nasal drip that triggers a coughing fit. The nerves in my mouth and throat are hypersensitive. Sometimes the coughing can be so bad I get light headed and have to sit down in case I pass out. I have a prescription for pills that are supposed to numb the throat and lungs and minimize the coughing. I only take them when I have to eat out in public since I don't like the side effects. My family is used to me coughing all the time. When I board a ship I avoid eating or drinking anything so that I don't cough during check in, muster etc. I take my pill about 1/2 hour before dinner and can sometimes get all the way through the meal without hacking. DH and I always get a table for 2 as I understand how people will possibly think I am ill and don't want to make anyone uncomfortable.

I have to see my doctor soon to get a new prescription since I have used up all my refills, so I will have her write a letter so that I can carry it with me on our upcoming trips. I would be most unhappy to be put off the ship by a doctor who knows nothing about my condition.

[LetsGetWet!]

Really, all we have here is a story, there are no validated facts as to what was done/not done by rci,their doctor, or any of the crew. What we do have is many pages of speculation based on a story.

 

 

And that is exactly what is to be expected on a thread where the facts will never be know as the other side of the story will never be posted here.

 

Yep! As I pointed out earlier, that's all we have - and exactly what happens on DOZENS of threads here - and on every online forum - every single day.

 

I fail to understand why that surprises anyone and makes them feel they need to point it out regarding a particular thread. DUH! :)

 

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[clean1owner]

I would think that if her personal physician disagrees and is willing to put that in writing, she might have a legitimate claim. After all, he/she knows much more about this passenger's medical condition that a ship's doctor who has only seen her once.

 

I'm sure if she thought the letter would be necessary, she would have obtained it.

 

I guess what concerns me is this....what if someone swallows something and "it goes down the wrong pipe" while standing in line waiting to board - and has a violent coughing spell. What's to prevent them from being classified as "unfit to travel" and denied boarding?

 

 

OR

 

 

Suppose you book your family on a cruise, and can only fly in on Embarkation Day. This being the first time your 7 year old has ever flown, you find out the hard way she gets air sick. Still feeling the effects of the air sickness, plus the excitement of going on a cruise, while waiting to check in, she vomits. The cruise line determines her unfit to sail, because of possible Noro symptoms, and denies boarding to the entire family.

 

Did the cruise line break the contract, or are they simply looking out for the health and welfare of the rest of the ship?

 

Do they owe you compensation? According to the Cruise Contract, they don't.

 

That is what Travel Insurance is for.

 

Whether or not the OP is showing signs of something contagious, that is what Travel Insurance is for.

 

Furthermore, if she really thinks that sounding off on CC is going to cost RCCL dime one, she is sorely mistaken. For every person who claims to cancel a reservation, or claims to spend no more money with RCCL because of what they did to the OP, there are probably just as many who will be more likely to go with RCCL for looking out for the rest of the passengers.

 

I had a horrible experience checking in for my last cruise. After things finally got resolved, I couldn't even get priority boarding out of them.

Did they owe me anything? Absolutely not!

Will it make me swear off RCCL for my future cruises? Probably not.

 

Sometimes things just happen and we have to get over it and move on with our life.

[tserface]

I think if RCI makes the call that you can't board then they should refund the fare for party they refuse. Insurance should be optional or required, but it can't be both. The cruise line should be able to make the call, but not as a tactic to free up rooms. If the customer isn't refunded the cruise line should be forced to leave the room empty so they do not have the incentive to use this tactic when full. I'm not saying this happened, just that it could.

 

 

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[LetsGetWet!]

It is RCI's ship and I suspect the final decisions are purely the prevue, and responsibility, of RCI's medical team. The personal physician is not present to assess the situation as it is unfolding so I doubt that a letter is going change anything from a legal perspective.

 

I'm not a lawyer, but if it were me, I'd first of course try to get insurance to pay. If they refused the claim I'd file a suit in small claims court in my home county for the full price of the cruise and any additional unrecovered costs. I've done this successfully once before, although not against a cruise line.

 

RCI would have to appear in our local court - likely with hired outside counsel. Often they'll settle at that point to avoid the expense of hiring counsel & showing up for a court case with counsel & any witnesses they need to fly in.

 

If they decide they're willing to go to court, the judges & the rules in small claims court are significantly different so that the consumer representing themselves are not at a major disadvantage against a company with attorneys.

 

Assuming that what the OP has said is truthful, I'd get up and explain the sequence of events, and focus on a couple key things:

 

* I was referred to an ER and denied boarding based on the ship's Doc's stated fear that I was having a stroke.

 

* During the ship's Doc's examination, he administered Imitrex, which is ABSOLUTELY wrong if stroke is suspected, but correct if the doctor's diagnosis is migraine.

 

* Denying boarding due to worry about stroke while instead clearly treating me for migraine - which was confirmed by the onshore Doc - unfairly and improperly denying me and my spouse the cruise for which we had paid in full.

 

My costs to do this are a little over $100, RCI'S will be a LOT more. I'd be more than willing to spend that, invest a few hours for prep & court and take my chances with the small claims judge.

 

 

 

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