Go Back   CruiseMates Cruise Community and Forums > Practical Advice > Travel Gripes!
Register Forgot Password?

Travel Gripes! Gripe about cruises or getting to one.(airlines, taxis)

LinkBack Thread Tools Search this Thread Display Modes
  #31 (permalink)  
Old April 21st, 2003, 08:43 PM
Senior Member
First Mate
Join Date: Nov 2002
Posts: 397
Default Re: Our lawsuit-happy culture

Here's what the CDC has to say about SARS for cruise passengers and staff.


MV Discovery, South Pacific Total Eclipse Cruise
Reply With Quote
  #32 (permalink)  
Old May 2nd, 2003, 05:41 PM
Posts: n/a
Default Re: Our lawsuit-happy culture

By Hermann Paul a/k/a HannaS77

Over the years we have cruised we have been notified by lawyers of a class action lawsuits, especially suits over port charges. We recollect being notified of class action suits against Holland America, Princess Cruises, and Royal Caribbean, all representing cruise lines we sailed with. In each case we opted-out not to participate. Our reasoning for opting out rests with the fact that the main monetary beneficiary of such suits are the lawyers. Attorneys usually handle the lawsuits on a contingency fee basis and prefer to have the case settled rather than undergoing a trial either before a judge or jury.

Cruise lines prefer to settle the lawsuit since it can be good for business and less expensive in the long run. The settlement is usually a monetary award to the lawyers and vouchers to the cruise line passengers. These vouchers can run from as low as $5 to $50 per eligible passenger. The vouchers invariable can only be applied to a future cruise with the particular cruise line and must be used during a period of time. Experience has shown that many passengers do not take advantage of this arrangement.

The suits against cruise lines must be subject to maritime law over which the federal courts have jurisdiction. Class action suits can be submitted to state courts but the state court must use apply federal maritime law. In the federal courts the cases are usually handled by a judge and jury trials are not frequent. The federal judges are not "to hot trot" on class action maritime lawsuits and may oppose such lawsuits where one passenger sues in behalf of all "similar passengers."Some class action suits have been dismissed for failure to file suit in accordance with the passenger ticket forum selection clause or the time limitation to file suit clause. The following are some representative class action lawsuits.

Yollin v. Holland America Lines, 468 NY Supp.2nd, 873. Plaintiffs filed class action suit as the result of change of the cruise itinerary and for not living up to what was described in the cruise line brochure. The New York Supreme Court refused to certify the suit as class action and the trial court had dismissed the suit as spurious.

Simon v. Cunard, 428 NY Supp.2nd 952 Plaintiff filed class action lawsuit in behalf of all passengers for inadequate and inferior service aboard the QE2, inadequate air conditioning, dirty and unhealthy conditions, etc, Suit was dismiss since majority of other passengers did not participate and were satisfied with offer made by Cunard.

In the class action suit involving port charges, Baron v. Princess Cruises ,a California Superior Court judge refused to approve the proposed settlement because the attorneys were to receive $1,000,000 whereas the participating passengers would receive vouchers worth from $5 to $24.. The judge held " the amount of the voucher is so small in relation to the amount that will have to be spent to use it, i.e. the passenger fare for a future cruise, that many will simply forgo the opportunity. The judge considered the use of voucher as a "sales gimmick." The case has been appealed(California Court of Appeal, 2nd Division,( Case #BC148448) but I have found is no published or unpublished decision to read for this appeal..

The writer is not a lawyer nor giving legal advice. This article is for educational purposes. Anyone wishing to learn more about class action lawsuits, go on the WEB via Keyword http://hometown.aoljudgetad/index.html or Judgetad's Home Page for articles on the subject by Judge Thomas Dickerson.
Reply With Quote
  #33 (permalink)  
Old May 2nd, 2003, 09:57 PM
Senior Member
Join Date: Apr 2003
Posts: 1,270
Send a message via MSN to belgique
Default Re: Our lawsuit-happy culture

I was on the last "Amsterdam" cruise in November before it docked for disinfecting. We WERE handed a paper at the terminal explaining that there had been an "unusual amout" of cases of a viral infection. It was explained in clear language and indicated that anyone who had second thoughts could speak to a representative right there. I opted to go on the cruise and did not get sick, although I know of several people who did. But, we all had the opportunity to change our mind before we boarded and I'm sure HAL was fair with those who decided not to sail.

There are risks in anything we do....get the facts, make an informed decision and hope for the best! I think HAL was genuine in their efforts to be open about the virus and the one thing I know for sure was that the staff and crew worked particularly hard for 10 days - the last thing tipped employees want is a 10-20 day layoff!
Reply With Quote


Similar Threads
Thread Thread Starter Forum Replies Last Post
Lawsuit eze2bme Windjammer (Out of Business) 1 December 30th, 2007 06:23 PM
Lawsuit?? buttercup3381 Royal Caribbean International 7 July 11th, 2005 10:36 AM
Dawn Lawsuit Steve3 Norwegian Cruise Lines 8 June 21st, 2005 07:05 PM
Azipod Lawsuit Rev22:17 Celebrity 7 August 11th, 2003 12:52 AM

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


All times are GMT -4. The time now is 03:48 AM.
design by: Themes by Design

Search Engine Friendly URLs by vBSEO 3.6.1