Royal Caribbean kicked me off cruise ship for having a migraine

[markeb]

I've been trying to get this point across throughout the thread. If you have a special need, you are contractually bound to file the form with RCI.

 

If you had lived with migraines, successfully, for 50 years, would you consider it a "special need" warranting filing the form? Are migraines listed as an example requiring filing?

 

I don't suffer from migraines, but if I did, until reading this thread, I would never have dreamed of contacting special needs for them. Pregnancy, use of a CPAP, need for a wheelchair, etc., sure, but a migraine?

 

Again, with insurance, this never gets litigated, but I would argue a reasonable person not specializing in contract law would never consider the need to report a tendency for migraines.

[LetsGetWet!]

I've been trying to get this point across throughout the thread. If you have a special need, you are contractually bound to file the form with RCI.

 

And are you sure that migraines qualifies as a "special need"?

 

Sent from my Galaxy S4 via Tapatalk

[LetsGetWet!]

I believe the OP realizes that she is not in the right and that's why she won't reply to this thread.

 

C'mon Kellie, you're really damaging your credibility here! The OP has replied to this thread - several times!

 

Sent from my Galaxy S4 via Tapatalk

[Aquahound]

More than that in the case of cruise lines these clauses have been upheld by the US Supreme Court.

 

The Supreme Court of the United States held that the Court of Appeals erred in refusing to enforce the forum-selection clause. Forum-selection clauses contained in form passage contracts are subject to judicial scrutiny for fundamental fairness, but where they are not lacking in fairness, they will be enforced. Carnival vs Shute

 

Fundamental fairness is basically limited to fraud, that the passenger did not the option to review the contract and cancel without penalty, etc Since the location matches the cruise lines HQ location it meets the jurisdiction standards. It might be unfair if they said it had to be tried in Fairbanks Alaska, while their corporate HQ was in Florida and they put it in Fairbanks simply to make it difficult to file. In this case fundamental fairness does not appear to be violated.

 

Thank you for the added explanation. :)

[time4u2go]

Have read through many of these posts, but I don't see where the women has posted anything since her original.

 

I believe the OP realizes that she is not in the right and that's why she won't reply to this thread.

 

 

OP has replied, several times.

[clean1owner]

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.

 

 

 

Sent from my Galaxy S4 via Tapatalk

 

Here in Minnesota, Lawyers aren't allowed in Small Claims Court, unless they are a party in the suit. Companies have to send one of their non-lawyer employees to represent them.

[stewpapa]

There was no pre-existing condition that caused her to miss the cruise. The cruise was missed because RC kicked them off because of a headache. Unreasonable, and they should reimburse, but if they don't insurance has to if a Dr. verifies it was just a headache.

 

 

Sent from my iPhone using Forums mobile app

[alexkrn46]

And are you sure that migraines qualifies as a "special need"?

 

Sent from my Galaxy S4 via Tapatalk

 

the orginal poster said she could not stand at muster due to her fibromyalgia. Had to sit on the deck. I think that qualifies her special needs.

[Roce48]

She replied 5 times in this thread

Her last post was #112, 200 posts ago! Perhaps a lawyer told her to shut her mouth until it is finaly settled.:D

[Roce48]

C'mon Kellie, you're really damaging your credibility here! The OP has replied to this thread - several times!

 

Sent from my Galaxy S4 via Tapatalk

 

But she has not answered any of the important questions asked. Maybe she knows that the answers would not help her case.

[richstowe]

Her last post was #112, 200 posts ago! Perhaps a lawyer told her to shut her mouth until it is finaly settled.:D

Either that of she is not fond of abuse .

 

But she has not answered any of the important questions asked. Maybe she knows that the answers would not help her case.

Her case ? Her case ? Where do you think you are ? On a jury ? :confused:

[LetsGetWet!]

Her case ? Her case ? Where do you think you are ? On a jury ? :confused:

 

Nah, he's not on the jury, he thinks he's the judge! After all, after she returned & supplied more info & answers, he has issued his ruling: she hasn't answered any of the important questions. :rolleyes:

 

Sent from my Galaxy S4 via Tapatalk

[xpcdoojk]

Unfortunately some of the responses here are not only callous, but reflect a very strange inability to perceive the real issues of professional incompetence, poor management and oversight and a total disregard for the passenger by a major cruise line as shown by an obtuse response. Migraine sufferers suffer quite enough misunderstanding and improper care without being misdiagnosed by a poorly trained doctor, having a major travel vacation totally ruined by sheer organizational stupidity to say nothing of at least a dozen further serious problems resulting from being ordered off a cruise ship. If This cruise line will not rectify the mistakes made by crew, staff, management, etc. how honest, fair, safe or competent can its overall operation be for any passenger? Opinions suggesting otherwise are clearly and most unfortunately as obtuse and uncaring as those of the cruise line. Finally, a ship's medical officer who misdiagnosis a migraine as a stroke is a danger to the well -being of everyone on - board!

 

 

Sent from my iPad using Tapatalk

 

Wow, an 11 year member of this forum posted for the first time....

 

Talk about amazing!!!! The things that draw those second or third IDs out of the bushes....:D:D

 

just amazing.... first thing that they built up 11 years to say...

 

jc

[Kellie Poodle]

If you had lived with migraines, successfully, for 50 years, would you consider it a "special need" warranting filing the form? Are migraines listed as an example requiring filing?

 

I don't suffer from migraines, but if I did, until reading this thread, I would never have dreamed of contacting special needs for them. Pregnancy, use of a CPAP, need for a wheelchair, etc., sure, but a migraine?

 

Again, with insurance, this never gets litigated, but I would argue a reasonable person not specializing in contract law would never consider the need to report a tendency for migraines.

 

If there are things that trigger the migraines which debilitate the patient to such an extent that it can be construed by a medical professional that she might be having a stroke, then, yes, it should be on the special needs form. There is room for reporting other needs that are not on the form. I should know, I've filled out many.

 

The strobe lights go off in the corridor when there is a ship emergency. Wouldn't she need special assistance to get to the life boat or follow other instructions?

 

Suffering from migraines is one thing. Migraines that present with debilitating, stroke-like symptoms is something the ship should have been made aware of for her own personal safety.

[Big_G]

Nah, he's not on the jury, he thinks he's the judge! After all, after she returned & supplied more info & answers, he has issued his ruling: she hasn't answered any of the important questions. :rolleyes:

 

Sent from my Galaxy S4 via Tapatalk

 

For someone who a few postings ago was issuing phony legal opinions ...pot calling kettle? :D

[markeb]

If there are things that trigger the migraines which debilitate the patient to such an extent that it can be construed by a medical professional that she might be having a stroke, then, yes, it should be on the special needs form. There is room for reporting other needs that are not on the form. I should know, I've filled out many.

 

The strobe lights go off in the corridor when there is a ship emergency. Wouldn't she need special assistance to get to the life boat or follow other instructions?

 

Suffering from migraines is one thing. Migraines that present with debilitating, stroke-like symptoms is something the ship should have been made aware of for her own personal safety.

 

Please stick with law. You are clearly very good at it, and I suspect if I were your client I would appreciate that fact.

 

From the Mayo Clinic:

 

"A migraine headache can cause intense throbbing or a pulsing sensation in one area of the head and is commonly accompanied by nausea, vomiting, and extreme sensitivity to light and sound.

 

Migraine attacks can cause significant pain for hours to days and be so severe that all you can think about is finding a dark, quiet place to lie down.

 

Some migraines are preceded or accompanied by sensory warning symptoms (aura), such as flashes of light, blind spots, or tingling in your arm or leg.

 

Medications can help reduce the frequency and severity of migraines. If treatment hasn't worked for you in the past, talk to your doctor about trying a different migraine headache medication. The right medicines, combined with self-help remedies and lifestyle changes, may make a big difference."

 

I would suggest that by definition a migraine is "debilitating" and I've had relatives that suffer from them. But neither I nor they, until reading this thread, would have ever dreamed of considering it a pre-existing condition to report to the cruise line.

 

Frankly, although I love the RCI experience, I hope the OP had RCI provided insurance, and RCCL (the parent company) loses out on the insurance, probably over $1000 of onboard purchases, and has how ever many thousand negative posts from their short sighted adherence to their legal and contractual obligations. That would be the ultimate revenge, that could probably have been avoided by a single phone call!

[LetsGetWet!]

For someone who a few postings ago was issuing phony legal opinions ...pot calling kettle? :D

 

Phony legal opinions? I stated clearly that I was NOT a lawyer & stating my layman's opinions, take 'em or leave' em! Plus I didn't berate the OP in the process... ;)

 

Sent from my Galaxy S4 via Tapatalk