NEWARK - The Attorney General’s Office and Division of Consumer Affairs have filed suit against Royal Caribbean Cruises alleging that the company violated the state’s Consumer Fraud Act by changing a cruise itinerary – from Bermuda to ports of call in the Canadian Maritime Provinces – without providing passengers with a comparable itinerary and failing to issue refunds due to passengers.

The State’s complaint, filed in State Superior Court in Hudson County, alleges that Royal Caribbean engaged in unconscionable commercial practices regarding a planned cruise to Bermuda in July, 2005. The State is seeking restitution for consumers and civil penalties for each violation of the Consumer Fraud Act. The Division of Consumer Affairs received 53 complaints from the cruise passengers since July, 2005. Passengers were allegedly told if they did not board the ship, despite the change in plans, they would lose all their money.

“We allege that Royal Caribbean misled customers about a planned itinerary change and then failed to refund consumers the difference in cost between the trip they purchased and the trip they received," said Attorney General Farber. "We are prepared to take legal action whenever necessary to ensure that consumers get what they pay for or are compensated for any changes.”

Specifically, the complaint includes the following allegations:

Royal Caribbean alerted passengers arriving at Cape Liberty in Bayonne for a July 24, 2005 cruise to Bermuda that the ship, the Voyager of the Seas, would instead sail to St. John, New Brunswick and Halifax Nova Scotia;

Royal Caribbean made no attempt to personally alert passengers of the change prior to the July 24 departure date despite having passenger contact information and despite posting a notice of the change on its website the previous evening;

When they arrived at Cape Liberty, passengers were given a Royal Caribbean customer service number in Florida where a representative advised passengers that they would lose all of their money if they did not board the ship;

A cruise to Canada is significantly less expensive than a cruise to Bermuda;

Royal Caribbean offered only an onboard credit of $45.20 - the difference in port fees and taxes - to each passenger and stated that this was the only refund to be provided;

The temperature in Canada was significantly cooler than in Bermuda and the weather was rainy, cloudy and foggy;

Passengers were deprived of the use of many of the Voyager of the Seas’ outdoor amenities that they planned to use when they booked a cruise to Bermuda including the pool, Jacuzzi and nine-hole miniature golf course;

Passengers were denied the opportunity to engage in warm weather activities available at the Kings Wharf, Bermuda port including golfing, scuba diving, glass-bottom boat cruises, snorkeling, deep-sea fishing, beach excursions and catamaran cruises; and

While onboard and upon returning home, passengers requested a cash refund for the difference in cost between the Canada cruise and the Bermuda cruise and Royal Caribbean refused to honor any such requests.

“It is unconscionable that consumers showed up for a cruise they paid for with their hard-earned money only to be sent somewhere they didn’t want to go, without access to the amenities they paid for and activities they looked forward to, and were told there was nothing they could do about it,” said Consumer Affairs Director Ricketts. “This type of egregious behavior will not be tolerated in New Jersey and that is exactly why we have filed suit against Royal Caribbean.”

Deputy Attorney General Jennifer D. Dougherty is representing the State in this matter.

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