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Denied Boarding


rosh7674

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that is truly unfortunate...however I am going to echo some of the other posters. I feel that this

  • Stay at Disney resort, tickets for all 4 Disney Theme parks, and $150 food voucher.
  • A letter that we can use as a future cruise, which does not cover the air fair, from Edmonton, Canada to Orlando, Florida.

Was a very aggresive recovery option on their part. Disney isnt really known for giving away much for free and to get the vacation in addition to another cruise (airfare or not) was a very impressive gesture. I know it wasnt the vacation you had planned but I would have been impressed by their recovery. I really believe that they were looking to protect themselves from potential backlash if she was contagious...

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before you go filing a law suit, you may want to review your contract. I only suggest this because most cruise lines have a choice of venue and forum clause in their contract. What this means is that you may not have a right to bring a claim in the State court, but rather may need to bring your cliam under Florida law. More importantly, you may be forced to go to a binding arbitration, and never be allowed to see the inside of a court room.

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I agree a refund is in order and would push for it. Like the earlier poster said, it is disingenous of Disney to say, "We're denying you boarding because you might make our cruise passengers sick, but here, please go make our guests at the resort sick." I would also want a doctor making this call rather than a nurse.

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I have to say it does make me feel better about cruising with Disney now. Sorry, it was at your expense. I can't imagine that happening to me. I think I would have just cried.

 

Do you think maybe they denied you because of the outbreak with the swine flu that had already quietly begun?

 

Most importantly, How is your daughter feeling now? Besides being disappointed.

 

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I have to say it does make me feel better about cruising with Disney now. Sorry, it was at your expense. I can't imagine that happening to me. I think I would have just cried.

 

Do you think maybe they denied you because of the outbreak with the swine flu that had already quietly begun?

 

Most importantly, How is your daughter feeling now? Besides being disappointed.

 

 

DCL is very serious about their infection prevention program. The only reportable Norovirus outbreak was in 2002 aboard the Magic. They had a reportable outbreak, they cleaned the ship then on the next sailing they had a reportable level again so they took the ship out of service for week to super-clean and break the cycle. They learned their lesson well and have been below the reportable threshold since on both ships.

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My family and I were denied getting on a Disney Cruise because they (Nurse on the ship who is not even a doctor) felt my daughter was contagious, without checking her temperature, or performing any other test. They gave us a letter that we can use as a future cruise voucher (which we didn’t want at the first place) or we could void that vouched and utilize travel insurance.

 

My daughter had vomited on Sunday Apr 19, 2009 due to a common cold. At the time of boarding, which was Apr 22, 2009 I was asked if any one in your family had vomited in past three days, I answered yes to it.

 

We explained to the medical rep on board that our daughter is fine. She hasn’t vomited in last 48 hours. She does not have stomach flu or any other disease that is contagious.

 

We are really upset how Disney has treated us. We asked for a full refund which, for the cruise but Disney denied refunding our money. Instead they offered us the following which we denied.

 

  • Stay at Disney resort, tickets for all 4 Disney Theme parks, and $150 food voucher. (Food voucher was useless for us, as we only eat Kosher meat).
  • A letter that we can use as a future cruise, which does not cover the air fair, from Edmonton, Canada to Orlando, Florida.

Please give me your opinion, on what should I do. I am thinking of doing the following.

 

  • Try to file an insurance claim for Disney Cruise only.
  • Ask Disney to refund me the air fair.
  • Also the money that I spend over their, after we were denied boarding. (Rental Car, staying at Hotel, food cost, Disney Magic Kingdom One day pass and Sea World day pass

Or

 

 

Sue Disney for

  • Not refunding the Cruise line fare (including, extra insurance & money we spend for Transportation) 1,373.44 USD
  • Air fair $2000 CND
  • Lodging charges, included in the money spent on Food while are stay at in Disney)
    • Hotel = 200
    • Rental car = 204
    • Food = 240

    [*]Missing work for 5 days ( I work as contract no money for time off) = 1840 CAN

    [*]Lawyer’s expenses and filing a claim.

    [*]Apology from Disney Cruise line, for ruining our vacation. (Because this was a surprise for our daughter. She didn’t know about it till we were about board).

Please give me your opinion what route should I take, in order to get my money back from Disney Cruise line.

 

 

I am confused.

You boarded the Wonder on 4/22? April 22 is a Wednesday. The Wonder boards Sundays and Thursdays.

If your daughter vomited on Sunday, 4/19, and you boarded on Thursday 4/23, then that was a full 4 days? But Disney only asked if anyone had thrown up in the last 3?

I am curious as to which resort they offered you?

In the back of my mind, I just hope threads like these don't encourage people to lie when the check-in agents ask these types of questions.

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I am a nurse and here is my take on the scenario. What would have happened if your child had to be airlifted from the ship and you could not go with her? With the swine flu running rampant they are going to deny boarding to anyone who is remotely sick or has been sick. If your child was no longer sick why did you mention it? One time in the Nassau while drinking a beer at the Pirate bar we met the ships nurse. The ships nurse told us that they are instructed to screen for influenza like symptoms and denie boarding of anyone who has them. The cruise before ours they had to airlift an todler who spent a week in the ICU on a respirator. As a niurse I am constantly washing my hands and have hand sanitizer with me and use clorox wipes in the cabin. The best way to prevent germs is to use good handwashing.

Lexi

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  • 3 weeks later...

Just so you know, if you decide to sue, your contract with DCL will specify in what jurisdiction your claim has to be brought. You could wind up traveling to ANYWHERE to file and try your case. It's not really worth it. Take the voucher and take a cruise another time.

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Yes, they have the right to deny boarding as well as the right to quarienten her and a parent to the room. If her stomach was a bit queezie and she got sick on the ship & the CM got a word of her saying she was sick prior, you would have gotton in big trouble. The ship has been known to actually transport people off the ship for GI issues. They get fined $$$$ for each GI outbreak they get on the ship and therefore take it very seriously. Prior to the H1N1 virus outbreak they took it serious, now they take it even more serious. I would have been sad too and understand all of the planning & the distance you traveled; but in the contract it says they have this right. I am actually very happy for the seriousness of the screening. As a medical professional, I think we should respect everyone's skills and also know that nurses are the triage people in most spects of HealthCare. So, sorry about your loss. If it were me, I would have taken the free vaction in the world, the free voucher and still submitted it all to my insurance for reinbursment. The insurance company is seperate from DCL & I would have gotton 2 vacations and a refund....:D

 

BTW: You have no grounds for a law suit. You can file all you want, you will not win. Read your contract. It is all there. They did everything within guidelines and you have no ground to stand on.

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I agree with the majority. Having kids, perhaps even infants (very prone to illnesses) around a person that is sick can only make matters much, much worse. I feel Disney did the respectable and decent thing by offering you a free vacation. Think about it, if you and your family were on the other end, what would you do? You certainly would be feeling differently. I work at a school and it drives me nuts when parents send their children to school when they are ill, or getting over being ill.

 

I apologize for your missed cruise and the let down in your family. However, I give Disney a lot of credit for this!

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I highly doubt, cannot say for sure, that Disney offered her the 4 night stay at the PRESENT time. Obviously, they would not say "you're not allowed on the ship, so goto Disney World" nor would they have had the accomodations for her and her family. The 4 night stay voucher was for the future I pressume.

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I guess I have a little more sympathy. Now, if they had the ship's DOCTOR check her out and took a temperature.... I'd understand better.

 

Posts like these essentially encourage people to lie, thinking they won't be given true and fair consideration. I've seen nurses get things wrong before, you'd think you would get a second opinion at the doctor level and a little more evidence before canceling someone's trip.

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Hurray about the Nurses. I work on the curriculum side of things, so I know they go thru a lot.

 

Sorry about the experience with DCL.:(

 

My comment would be to all the ones discrediting a Nurse for giving their opinion in denying this family in sailing. My husband is an RN and is 6 mths shy of getting his masters. Nurses are qualified health care professionals as well as a doctor. Enough on that rant.

 

I have sailed several times with Disney and know for a fact they have denied boarding to several families in the past, yours is not the first.

 

As to all who have questioned why they would send the family to a resort and the parks - it is a wider and more open environment - not self contained like a ship.

 

Very sorry for your missed cruise, but it is a very tough call on putting all the blame on Disney. I would contact the insurance company for the lost money.

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I know about everything has been said, but I have to add my two bits.

 

If my child is sick and I am not allowed to get on the ship my travel insurance covers everything.

 

If I am on the ship and your child gets us sick I get nothing other than a ruined vacation.

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Yes, they have the right to deny boarding as well as the right to quarienten her and a parent to the room. If her stomach was a bit queezie and she got sick on the ship & the CM got a word of her saying she was sick prior, you would have gotton in big trouble. The ship has been known to actually transport people off the ship for GI issues. They get fined $$$$ for each GI outbreak they get on the ship and therefore take it very seriously. Prior to the H1N1 virus outbreak they took it serious, now they take it even more serious. I would have been sad too and understand all of the planning & the distance you traveled; but in the contract it says they have this right. I am actually very happy for the seriousness of the screening. As a medical professional, I think we should respect everyone's skills and also know that nurses are the triage people in most spects of HealthCare. So, sorry about your loss. If it were me, I would have taken the free vaction in the world, the free voucher and still submitted it all to my insurance for reinbursment. The insurance company is seperate from DCL & I would have gotton 2 vacations and a refund....:D

 

BTW: You have no grounds for a law suit. You can file all you want, you will not win. Read your contract. It is all there. They did everything within guidelines and you have no ground to stand on.

 

Who assigns the fines against DCL for GI outbreaks? I've never heard of that.

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I was on a Princess ship 2 weeks ago, and the pre-boarding questionnaire asked about vomiting and diarrhea within the past 48 hours. I recall saying to my cruise roommate, "Who would be stupid enough to answer 'yes'?"

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I was on a Princess ship 2 weeks ago, and the pre-boarding questionnaire asked about vomiting and diarrhea within the past 48 hours. I recall saying to my cruise roommate, "Who would be stupid enough to answer 'yes'?"

 

Lol, I didn't want to be mean but that's exactly what I thought when I first read this thread.

 

It reminds me of a friend who is an insurance agent. He had a client once apply for life insurance and she was way too truthful on the application. They had questions such as "Are you every depressed?" and she would write "Yes, sometimes I do get depressed", etc. She was denied coverage.

 

Yes, it's good to be honest but we all live in the real world. Sometimes forms and questions are simply rhetorical and you need to be smart enough to answer them correctly.

 

RVD.

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Lol, I didn't want to be mean but that's exactly what I thought when I first read this thread.

 

It reminds me of a friend who is an insurance agent. He had a client once apply for life insurance and she was way too truthful on the application. They had questions such as "Are you every depressed?" and she would write "Yes, sometimes I do get depressed", etc. She was denied coverage.

 

Yes, it's good to be honest but we all live in the real world. Sometimes forms and questions are simply rhetorical and you need to be smart enough to answer them correctly.

 

RVD.

No offense - I guess it is better for situational ethics for some. If I get sick because someone says "Well, if I tell the truth, I lose out on the fun!" Is that some how a relevant argument to communicate to everyone, I could care less about your health and safety, I'm here to have fun!

BTW - In my opinion, the Insurance story is not about being too honest, it's about not understanding the intent of the question.

If we thought less about entitlement and more about sound rational and/or moral judgement, I think the actual intent of these questions is for the good of the whole....and not just the "all about me" syndrome.

Losing out on a vacaton is not the end of the world - What a wonderful lesson to teach people...lie if it is in your best interest.

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In reality, while the OP could have boarded if he'd lied on the initial questionnaire, as soon as the daughter was found to be sick (and believe me, someone on the crew would have noticed) she and an adult would have been confined to quarters anyway. Insurance also covers in that instance, so either way he should have been covered. If your illness turns out to be more serious than you thought, it's much better to still be in the US for treatment, as the onboard medical facilities are limited. Also, if you deliberately lie to be allowed boarding and they find out, they are well within their rights to remove you from the ship entirely, in which case insurance would NOT cover you. Just some food for thought!

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Like I said, my problem is not that didn't let us board the ship. My problem is that they didn't refund our money. As far insurance goes, according to Access America, denied boarding is not a vaild clause. Specially when Doctor is stating that my daughter had no contigious disease.

 

So I dont know what to do in this situation.

 

Any info will be appericiated.

 

Thanks

 

If you take a look at the terms of the cruise contract, there is verbiage that explicitly explains there is no refund for this circumstance. Right or wrong, it doesn't matter. It's part of the contract.

 

2 of the cruise contact clauses (from the disney website http://www.disneycruise.com/cruisecontract) can be found here: (they are rules #24 and #27, but the formatting is causing them to be numbered wrong

 

 

  1. If any Guest is detained on board or elsewhere at any stage or at destination because of quarantine, port regulations, then applicable law, illness or other cause, all expenses incurred in connection with such detention shall be for Guest's account. Any Guest carried beyond destination for any reason without fault of the Carrier shall pay for any additional maintenance or extra transportation.
     
  2. Carrier may refuse to transport or may disembark at any port any Guest who may be suffering from contagious or infectious disease, ill health or whose presence in the opinion of the Master may be detrimental to the comfort or safety of other Guests or the crew, or who, in the Master's opinion, might be excluded from landing at destination by Immigration or other Governmental Authorities. In such cases, the Guest shall not be entitled to any refund of fare or compensation whatsoever.

The key phrase above is "guest who MAY be suffering from..." No authentication from the doc is needed.

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I agree, if my daughter had a contegeous disease than, I should have not been allowed to board. But my daughter did not had any contegeous dissease. Same day we took our daughter to walk-in clinic at the Orlando Airport, according to the Doctor she was recovering from the ear infection, but did not had any contegeous disease.

 

Yes, I do have travel insurance, which only covers the cruise. As far free vacation. Disney said we can take either

 

  • Stay at Disney resort, tickets for all 4 Disney Theme parks, and $150 food voucher. (Food voucher was useless for us, as we only eat Kosher meat).

or

  • A letter that we can use as a future cruise, which does not cover the air fair, from Edmonton, Canada to Orlando, Florida.

I was not being a hard head. I was being reasonable, if I didn't take the cruise than give me money back. And again I think you can't dignose the cause of the disease without performing any tests.

 

 

We are taking my cystic fibrosis child on a disney cruise in December. He also has gastric reflux. He vomits often over nothing!!!!

 

I won't be telling them he vomited....that would mean he would never get on a Disney cruise!!!!:eek:

 

I'd be kickin and screaming too, if they put him in isolation because of it.....it is not a contagious condition and sure hope thye ask questions first:eek:!

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We are taking my cystic fibrosis child on a disney cruise in December. He also has gastric reflux. He vomits often over nothing!!!!

 

I won't be telling them he vomited....that would mean he would never get on a Disney cruise!!!!:eek:

 

I'd be kickin and screaming too, if they put him in isolation because of it.....it is not a contagious condition and sure hope thye ask questions first:eek:!

 

DCL will have you get a medical form filled out by your doctor anyway, so they are aware of any medical conditions in case there is a problem once he is onboard. As long as the gastric reflux is mentioned on the form, I'm sure you wouldn't have any problems.

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