guarantee availability - downgrade?

[billie5]

The original intention of common carrier law was to protect the consumer, but, needless to say, that has long been supplanted with all sorts of protectionism for the carriers. There are exceptions -- when the public gets sufficiently adamant -- for example, the more recent laws governing the bumping of passengers off of full airline flights were a reaction to consumer outrage.

 

On the other hand, most legislation, including most general maritime law, which also covers cruise lines, favors the industry. As an example, medical negligence of a ship's doctor: if the doctor when hired was competent, then any negligence by him is actionable only to him directly, and not the ship line which hired him (at least until now; this doctrine is recently under attack). In fact, vicarious liability of a shipowner is limited in all sorts of ways which defy common sense -- a fact which adds much amusement to reading bloggers who insist "of course the ship is liable." This is very different from, say, hotel or amusement park owners, who are almost always liable for the negligent acts of their employees.

 

An example of what these cruise lines can get away with is in Doonay versus Carnival Corp, in which the Florida Supreme Court stated: "maritime law will not support a passenger's breach of contract claim unless there is an express provision in the contract of carriage guaranteeing safe passage." Can you imagine that, even thought there is are reasonable care provisions in federal law, state law and even common law?

 

So, if one thinks that hey, I have a contract, the cruise line has to honor this or that -- unfortunately, that is wishful thinking.

 

Bill

 

PS: Occasionally the legislation bites back. There was the case of a guy on a cruise who disembarked in Mexico, hired a local scuba diving shop to take him out, was given defective equipment and drowned. As he had bought some insurance against death or dismemberment while aboard a common carrier, his family claimed that the fact he went off the ship and hired someone on his own to take him diving should not invalidate the fact that he died while "aboard" a common carrier. The insurance company denied, of course. This went all the way to the supreme court, where the insurance company lost, thereby giving, IMO, a new definition to the preposition "aboard."

[Leonid]

Thanks for the tutorial on maritime law. Boring! Must be a lawyer, or if not, someone who tries to impress.

Have a great what ever you really do!:rolleyes:

[billie5]

Leonid,

I hope you will consider re-reading the note and reflect on your boiler-plate comment.

 

I am sorry you were bored. Different interests for different people. I do admit to enjoying sharing things I find interesting. So do many other contributors.

 

Bill

[meow!]

We suddenly (unplanned) purchased a deal on Celebrity (too good to refuse) for a minisuite with busniness class air (special deal)... We got a guarantee instead of a cabin number ...

Good news, we have just been assigned a cabin in the category we have been guaranteed .. meow!

[Leonid]

Good for you! Seems to work after all. And it works on O too!. So much for maritime law lectures!!!

[Jana]

That's great, Meow! and who knows, it might still be upgraded before sailing.

 

Now I have what might be considered a dumb question: I have a B1 guarantee on my O sailing, again, from a sold-out sailing and a waitlist. To say that I am excited is an understatement; I have wanted to do this itinerary for five years. Anyway, I am confirmed and have filled out my forms and air deviations etc. My question is, when a cabin number is assigned, will it go into the Website for me to see or will I have to wait for notification? I know that on other lines I can see my cabin number on the online booking once it's assigned; is it the same with Oceania?

 

Thanks,

 

Jana

[LHT28]

My question is, when a cabin number is assigned, will it go into the Website for me to see or will I have to wait for notification? I know that on other lines I can see my cabin number on the online booking once it's assigned; is it the same with Oceania?

 

Thanks,

 

Jana

when we had waitlisted for a cabin it did show up (after final payment date) under "MY Oceania Club" heading in the profile/my account.

I just kept checking every week or so .

But your TA should also notify you when you clear the list.

 

Good luck & enjoy your cruise

 

Lyn

[billie5]

That upgrade is definitely the cat's meow. Great news. We have tried guarantees from time to time, but have never been upgraded as a result. I've only tried it when there is a big price differential, as I hate to give up being able to select the cabin location.

 

You missed the point (again), Leonid. I have heard of very few cruise bumps. What the line has a right to do and what generally happens can be quite different. I think the cruise industry must be very good at estimating usage. Evidently not the case in the airline industry. (Not that I am complaining -- I am still holding a free flight by KLM in exchange for volunteering for a delay last February.)

 

Bill

[Jana]

when we had waitlisted for a cabin it did show up (after final payment date) under "MY Oceania Club" heading in the profile/my account.

I just kept checking every week or so .

But your TA should also notify you when you clear the list.

 

Good luck & enjoy your cruise

 

Lyn

 

That did it, thanks! I kept looking under "Already Booked" and saw only the itinerary!

 

Jana