Lawsuits filed in the fuel surcharge against Carnival

[hubofhockey]

The fuel price was inserted at a time that everybody could CX their cruise if it bothered them. We went in Jan and no fuel price increase till Feb 4th and after. You had a choice. Gas prices in europe $8 to $10 a liter. Finland was $11.00. That was 2 years ago when we were there. Even if something happens and they fine the cruise companys , Guess who will pay for it.

 

I booked early to lock in a good rate. If I cancelled, the new rates for dates I was leaving were 20% more. So I would have lost the benefit of booking early (and Carnival had my deposit to LOCK in that price). I don't see it as having any choice and the nickle and diming execs at Carnival understood these dynamics. The fuel surcharge was small enough that nobody was going to cancel and a big enough money grab to make it significant to their bottom line. :mad:

[CruzVinnieCruz]

I agree it's silly to pursue a lawsuit, as Carnival actually has contract language to protect them. I chose instead to demand an equal OBC for my September cruise, which I did get. I just don't like when people try to justify the dishonest and underhanded method of the fuel surcharge, especially when implemented after booking.

 

Another point contact language is just that "language". Just because it is written in a form of a contract does not make it binding whether or not the consumer at first accepts it. That's why there are lawyers and a judicial system to figure it out.

 

This is the one example I remember from college is most people at one point in time have parked in a garage and on the ticket it states "Park at you on risk. We are not responsible (for just about anything that happens) etc". It's written as a contract but is it binding.

 

Courts reviewing parking tickets have held generally that these broad waivers of liability are void as against public policy. The courts reasoned that a parking garage acts as a professional bailer, and cannot waive its duties even where it expressly tells the customer that it is doing so. That is, a business whose manifest function is to care for cars cannot absolve itself of liability for performing that function in a manner that causes damages to vehicles. Ohio courts are outspoken in their criticism for these bald attempts to shift the burden to care for a car back onto the consumer. In these states, the waivers of liability have no effect.

 

Though it's not the same as a fuel supplement charge I do believe it will have it's day in court to test the validity of the contract and how it was applied in this case.

[bachsbabygirl]

 

 

 

Not really. Most of the increase in oil prices is due solely to the collapse of the US dollar. Other countries haven't seen the precipitous rise in fuel costs that we have. Thank our nation's incompetent leadership for that.

 

Really? Because in Antigua our fuel prices have risen to astronomical porportions.

[allgeeteredup]

I booked early to lock in a good rate. If I cancelled, the new rates for dates I was leaving were 20% more. So I would have lost the benefit of booking early (and Carnival had my deposit to LOCK in that price). I don't see it as having any choice and the nickle and diming execs at Carnival understood these dynamics. The fuel surcharge was small enough that nobody was going to cancel and a big enough money grab to make it significant to their bottom line. :mad:

EXACTLY!!!!!!!! Thank you. It seems that no one wants to see that part of the dilemma some of us have. While I am not going to lose any sleep over the extra $70 my husband and I are paying to cover Carnival's fuel charges, it is the simple fact that we booked our cruise over a year in advance to get the best price we possibly could and also paid in advance for our hotel room and our hotel room on return. We also prepaid for our excursion in Galveston once we return. The reason we did this was so that we would get the best possible rates and know exactly what this vacation would cost us. Now if everyone comes back to us and says, "Hey, you know the cost of cleaning your hotel rooms is going up, or the cost of bait for your deep sea fishing trip is going up, or the cost of.... well, you get the picture. We would never be able to actually figure out how much this vacation will cost us. No.... the $70 won't stop us from vacationing. It won't even stop us from cruising again. But, when does the after-the-fact charging get stopped. The next thing you know airlines will be putting a clause in their contracts that say they can up their fares after bookings if they feel the crunch of fuel costs is becoming too much to bear. Oh yea, God forbid the cost of beef or seafood increases because Carnival will end up charging us a surf-and-turf surcharge. I know this sounds ridiculous but back in June when I booked my cruise and was thrilled with the price I got, I never dreamed Carnival could send me an e-mail and tell me they were sorry but it was going to cost me $70 more because THEIR fuel charges were going up. Give me a break. If they get away with this charge... mark my words... there will be more and more surcharges and more and more creative ways of getting away with them. Thank goodness the Attorney General of Florida can see through the crap that is being thrown around. My hats off to the FL AG. Bravo for wanting to protect consumers. Boo, hiss to all of you cruisers who see those of us who disagree with the surcharge as whining babies who don't want to pay extra. :p

[gtalum]

Really? Because in Antigua our fuel prices have risen to astronomical porportions.

 

I should have qualified my statement to include other nations whose currencies are closely tied to the US dollar. Sorry about that. ;)

[Mikel1733]

Sorry but had to add, remember when 47 cents was half of the price of a gallon of gas? Now the rate of tax seems more reasonable. Wonder when the US will decide that they need to raise taxes on gas? Now that would put us in for a spin and the recession might just be "offical" then.

 

 

A week ago Congressman Don Dingle (D) declared he will push for a .50 cent per gallon gas tax to reduce gasoline consumption. I drive 120 miles per week just to get to work. Thanks a lot Don.

[TwinMom7]

EXACTLY!!!!!!!! Thank you. It seems that no one wants to see that part of the dilemma some of us have. While I am not going to lose any sleep over the extra $70 my husband and I are paying to cover Carnival's fuel charges, it is the simple fact that we booked our cruise over a year in advance to get the best price we possibly could and also paid in advance for our hotel room and our hotel room on return. We also prepaid for our excursion in Galveston once we return. The reason we did this was so that we would get the best possible rates and know exactly what this vacation would cost us. Now if everyone comes back to us and says, "Hey, you know the cost of cleaning your hotel rooms is going up, or the cost of bait for your deep sea fishing trip is going up, or the cost of.... well, you get the picture. We would never be able to actually figure out how much this vacation will cost us. No.... the $70 won't stop us from vacationing. It won't even stop us from cruising again. But, when does the after-the-fact charging get stopped. The next thing you know airlines will be putting a clause in their contracts that say they can up their fares after bookings if they feel the crunch of fuel costs is becoming too much to bear. Oh yea, God forbid the cost of beef or seafood increases because Carnival will end up charging us a surf-and-turf surcharge. I know this sounds ridiculous but back in June when I booked my cruise and was thrilled with the price I got, I never dreamed Carnival could send me an e-mail and tell me they were sorry but it was going to cost me $70 more because THEIR fuel charges were going up. Give me a break. If they get away with this charge... mark my words... there will be more and more surcharges and more and more creative ways of getting away with them. Thank goodness the Attorney General of Florida can see through the crap that is being thrown around. My hats off to the FL AG. Bravo for wanting to protect consumers. Boo, hiss to all of you cruisers who see those of us who disagree with the surcharge as whining babies who don't want to pay extra. :p

 

This has been my exact argument for weeks.

 

If I book a new cruise in a few weeks, I'll plan to pay the surcharge because I am aware that this is now a legitimate fee for the additional cost of fuel. My argument has ALWAYS been those of us who were retroactively charged a fee a year after we were booked and paid in full.

 

That would be the same as us showing up at the airport next week and being told that due to the cost of fuel, we would have to pay an additional $100 per person before we could board. We booked our airfare 10 months ago because we got it for $205 per person - just like we booked our cruise 15 months ago because we got a great price.

 

My only argument with this entire thing is the retroactive charge.

[maxamuus]

A week ago Congressman Don Dingle (D) declared he will push for a .50 cent per gallon gas tax to reduce gasoline consumption. I drive 120 miles per week just to get to work. Thanks a lot Don.

 

We all know that would work. In two years the price has risen over TWO DOLLARS a gallon and no one uses gasoline anymore.

 

Atleast Congressman Dingle lives up to his name!

[NotAPirate]

I know this sounds ridiculous but back in June when I booked my cruise and was thrilled with the price I got, I never dreamed Carnival could send me an e-mail and tell me they were sorry but it was going to cost me $70 more because THEIR fuel charges were going up.

So the fact that you are on the SAME cruise ship with people that booked AFTER the November implementation, going to the SAME ports, using the SAME facilities (and electricity, and wter purification, and elevators, and everything else tied into the fuel-driven turbines driving the ship) menas you shouldn't pay a bit extra for that fuel? Yeah, and you say retroactively applying the fee is unfair...

 

Give me a break. If they get away with this charge... mark my words... there will be more and more surcharges and more and more creative ways of getting away with them. Thank goodness the Attorney General of Florida can see through the crap that is being thrown around. My hats off to the FL AG. Bravo for wanting to protect consumers. Boo, hiss to all of you cruisers who see those of us who disagree with the surcharge as whining babies who don't want to pay extra. :p

And yet the FL AG is -STILL- in discussions with Carnival. Nothing's been announced by any new agency, nothing from Carnival, nothing from the FL AG. And they've been "in discussions" for almost 3 weeks now. Just because RCI kowtowed doesn't mean other companies will... and Carnival was not the ONLY one to implement this, just the one with the biggest face in the industry and the LOWEST fee attached.

 

Sorry, guess I'm one who is "boo hissing" you "whining babies" over $5 a day, to a max of $70 per person. That would work out to $208,040 on the Conquest this Ocotber (2972 at double occupancy, $70 pp)... and that's less than a third the actual dollar increase in the fuel that ship uses. Skip a week of Starbucks or McDonald's. Drive two days less in our gas-guzzling SUVs. Maybe when these companies that throttle us with dependence on gas start getting a glut of gas NOT being used, their "supply/demand" BS will stop and prices will go back down.

 

And, if anyone hadn't noticed, the price of oil has dropped per barrel recently. So maybe there will be refunds happening so anyways, per Carnival's letter.

[rgwiazdzinski]

So the fact that you are on the SAME cruise ship with people that booked AFTER the November implementation, going to the SAME ports, using the SAME facilities (and electricity, and wter purification, and elevators, and everything else tied into the fuel-driven turbines driving the ship) menas you shouldn't pay a bit extra for that fuel? Yeah, and you say retroactively applying the fee is unfair...

 

using your logic i guess carnival will be sending me an intrest check for the money i paid over a year ago to book my cruise before the fuel surcharge was implimented, and sending the bill to those who justed boked the same cruise i am on the week before we leave

[big_duck]

That would be the same as us showing up at the airport next week and being told that due to the cost of fuel, we would have to pay an additional $100 per person before we could board. We booked our airfare 10 months ago because we got it for $205 per person - just like we booked our cruise 15 months ago because we got a great price.

 

I've had Hotels increase "resort fees" after I booked and I had to pay it when I checked in.

 

United and US Airways have announced that you now have to pay an extra $25 for a second checked bag, regardless of when you booked.

 

Don't give me that crap that other businesses don't do it.

 

I've said it before and I'll say it again and I will keep saying it - Cruising is a 100% voluntary activity.

[TwinMom7]

I've had Hotels increase "resort fees" after I booked and I had to pay it when I checked in.

 

United and US Airways have announced that you now have to pay an extra $25 for a second checked bag, regardless of when you booked.

 

Don't give me that crap that other businesses don't do it.

 

I've said it before and I'll say it again and I will keep saying it - Cruising is a 100% voluntary activity.

 

 

I've never had a resort increase my rate.

 

We're flying AMERICAN and they haven't added the extra bag fee.

 

And as for your "quote" - what vacation ISN'T a voluntary activity?

 

Sorry you've got a burr up your butt. I'm cruising next week and could care less!

[NotAPirate]

Looks like we're in yet ANOTHER fuel surcharge forum. LOL!!! :D

 

How many does this make? :rolleyes:

[cruise_pirate]

Looks like we're in yet ANOTHER fuel surcharge forum. LOL!!! :D

 

How many does this make? :rolleyes:

 

 

9998

[big_duck]

Looks like we're in yet ANOTHER fuel surcharge forum. LOL!!! :D

 

How many does this make? :rolleyes:

 

9998

 

And how many have solved anything ... 0.:cool:

[CruzVinnieCruz]

I've had Hotels increase "resort fees" after I booked and I had to pay it when I checked in.

 

United and US Airways have announced that you now have to pay an extra $25 for a second checked bag, regardless of when you booked.

 

Don't give me that crap that other businesses don't do it.

 

I've said it before and I'll say it again and I will keep saying it - Cruising is a 100% voluntary activity.

 

I book a lot of hotel rooms during the year and cannot remember at anytime they increased fees after booking.

 

Comparing whether or not you get charged for a second bag is apples to oranges. Now if they said you will being charged $25 for the first bag I can see a comparison.

 

Other businesses do increase fees but I have never gotten a bill from my waste management company or anyone else wanting a "fuel supplement" increase retroactive to last November.

 

I agree with the other poster aren't all vacations voluntary and when I travel for business the airline does not force me to use them either.

[big_duck]

I've never had a resort increase my rate.

 

We're flying AMERICAN and they haven't added the extra bag fee.

 

And as for your "quote" - what vacation ISN'T a voluntary activity?

 

Sorry you've got a burr up your butt. I'm cruising next week and could care less!

 

No burr up my butt, I'm not the one whining about the the surcharge.

[big_duck]

 

I agree with the other poster aren't all vacations voluntary and when I travel for business the airline does not force me to use them either.

 

The point is no one is making you pay a surcharge you have a choice.

[CruzVinnieCruz]

The point is no one is making you pay a surcharge you have a choice.

 

Your point is over simplified. There are cruisers you have family reunions planned, non refundable airline tickets, for many it was to late to cancel and rebook another venue, etc...

 

What other choice did they have?

[VentureMan_2000]

It's an interesting Lawsuit. My bet is it will turn out meritless.

 

So... let's contrast this suit with Banks, when Banks raise their ATM fees.

 

Bank XYZ announces publicly that they are going to raise fees $3, and the next day all the other Banks announce they are also because they do not want to be at a disadvantaqge and miss out on any potential revenue that Bank XYZ would make.

 

Is this price fixing, or just competiveness.. charging what the market will bare?

[big_duck]

Your point is over simplified. There are cruisers you have family reunions planned, non refundable airline tickets, for many it was to late to cancel and rebook another venue, etc...

 

What other choice did they have?

 

Most cruises leave from what is already a vacation destination and in most case other cruiselines leave from there. In other words, lots.

[CruzVinnieCruz]

Most cruises leave from what is already a vacation destination and in most case other cruiselines leave from there. In other words, lots.

 

Your kidding right....

 

Something that may have planned over a year in advance. Just switch venues with a little over ninety days notice and yeah get a good price on it too.

[maxamuus]

Is this price fixing, or just competiveness.. charging what the market will bare?

 

Thats what the lawsuit aims to find out. One is legal, one isnt.

[cruise_pirate]

No burr up my butt, I'm not the one whining about the the surcharge.

 

Yep! Carnival took the burr out for everyone in Canada!;)

[Wennfred]

The saga continues.........

 

 

http://wichita.bizjournals.com/wichita/stories/2008/03/24/daily6.html?ana=yfcpc

 

 

They do this after my cruise, great! :rolleyes: Hope its done and I get OBC for April.

 

 

Fred