| 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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