need lawyer in England for cruise gone bad

[phillippeterson]

Howdy all, I paid for a luxury cruise across the Atlantic on a sailing yacht. The boat was in very poor shape and I did not feel it was safe to cross the ocean. And it was definitely not luxury. I'll spare you the details.

I declined to go, they sold my bunk to someone else, and refuse any refund. I'm in the U.S. and they said "good luck trying to sue us in England."

Can you recommend a lawyer in England?

 

[DavidM]

Forget everything you know or have heard about US litigation. England is very different. I suspect you will spend a lot of money for nothing.

But England is regulated and the regulators have teeth. Find the appropriate regulation authority and complain to them. Lots cheaper and it may work.

David

 

[AmericanVagrant]

Perhaps you can do a charge back with your CC company? These days, persistently railing a company on social media and leaving bad reviews on Yelp/Google/etc will sometimes get them to care

 

[tiltrider1]

If they touch US soil, you can sue them in the Us. You might not get any money out of them but they will never be able to come back to the US.

You didn't say were the trip started from or ended but if either one is in the US then you have grounds.

 

[mvweebles]

Seek your revenge online with 1-star reviews. Troll them for a while. Get creative.

Then pour a dram of rum.

Peter

 

[BruceK]

This might help:https://solicitors.lawsociety.org.uk/
A bit like "pin the tail on the donkey" unless you know something about the candidates. Or wait for a UK member of TF to respond.

 

[CherylWashington]

If you feel that the company did not live up to their advertised claims and that you were misled, you may have grounds for a lawsuit. It's important to find a lawyer who is familiar with consumer protection laws and has experience with cases involving false advertising and breach of contract. [Mod edit - link removed] Good luck with your case.

 

[garbler]

I’m not saying you didn’t do the correct and safe thing but advice telling you to sue once they touch U.S. shores is I believe a stretch. First of all you declined passage based on ‘ your ‘ opinion the vessel was unsound. So the question then becomes is your opinion worthy of consideration in a Maritime Court. What experience do you have and/or standing in these courts that would have weight for this call ? After that the following would be pertinent.

(1) Was this vessel UK flagged or elsewhere (2) Did subject vessel meet UK or other classification standards for trans Atlantic navigation with passengers (3) Was the vessel officially certified to carrry X amount of passengers trans Atlantic. (4) Did this vessel comply with all SOLAS safety standards (5) Was the master and crew licensed for this type of service (6) Were there any sailing instructions or route limitations issued by UK authorities or country of origin authorities.

Just spitballing here but if subject vessel does not comply with the above 2 thru 6 requirements then you may have a case in the UK or country of flagged origin. But I have to say without substantiating any of the above 2-6 requirements it’s just your opinion.

Rick

 

[BruceK]

It`s nearly 2 years since the OP started the thread...

 

[Delta Riverat]

I guess it didn't go well for him.

 

[BruceK]

I guess it didn't go well for him.

Why? He`s not the one reviving the thread.

 

[Benthic2]

I sent him a DM to let him know his thread has been re-activated. Maybe we can get an update.

 

[Delta Riverat]

Why? He`s not the one reviving the thread.

To report good news?

 

[Shrew]

I sent him a DM to let him know his thread has been re-activated. Maybe we can get an update.

I'd be more interested in hearing about the cancellation policy in the contract.

Take the exact same story, but replace it with Royal Carribbean, MSC, P&O, Carnival, Cunard.

All of them post a schedule for refunds based on the date and time of cancellation.

EXAMPLE:

Royal Caribbean

Cancellation <=30 days prior: No Refund

Cancellation 31-60 days prior: 25% Refund

Cancellation 61-75 days prior: 50% Refund

Cancellation 76-90 days prior: 75% Refund

It all comes down to what the contract reads.

 

[Benthic2]

I suspect his contention is that the contract was void because they did not provide a safe and luxurious vessel as promised so any stated refund policy does not apply....but that is just because I'm in the middle of a Business Law class.

 

[garbler]

I suspect his contention is that the contract was void because they did not provide a safe and luxurious vessel as promised so any stated refund policy does not apply....but that is just because I'm in the middle of a Business Law class.

You know what I think ( probably not ) I think everybody should take a Business Law Class. I’d love to take that and a creative writing class but I don’t think I can find such here

Rick

 

[tiltrider1]

There is business law, there is maritime law and there is the real world of law suits. The more experience you have with each the better.

I have business law education, I have maritime law education but what I have the most of is real world law suit education. I have been involved in many law suits. None made it to court. One made it to Arbitration. All of them made it past mediation with all but the one ending in a negotiated settlement.

Two lawyers with the exact same case can end up with two very different results. A good lawyer is worth his fee. Often cases get settled because one side realizes their lawyer choice wasn’t up to to the task.

 

[garbler]

There is business law, there is maritime law and there is the real world of law suits. The more experience you have with each the better.

I have business law education, I have maritime law education but what I have the most of is real world law suit education. I have been involved in many law suits. None made it to court. One made it to Arbitration. All of them made it past mediation with all but the one ending in a negotiated settlement.

Two lawyers with the exact same case can end up with two very different results. A good lawyer is worth his fee. Often cases get settled because one side realizes their lawyer choice wasn’t up to to the task.

Good to know ‘ tiltrider ‘ as it’s always good to have an admiralty lawyer/expert onboard as a technical backstop.

Rick

 

[Arc]

Did the boat get there?

 

[BruceK]

The OP visited TF yesterday without venturing here.
While we are off topic,and anecdotal:The Captain of a freighter we dealt with, quite some years back during maritime litigation, had a U boat history. His nickname in maritime circles: "Up Periscope".