Court rules that cruise line who hesitates is lost
The Massachusetts Appeals Court today ordered a lower court determine how much mental anguish Norwegian Cruise Lines caused a Massachusetts couple by refusing for four years to refund the cost of a cruise they decided not to take because it was five days after 9/11.
The cruise line had originally refused to refund their $2,017.50 for a round-trip to Bermuda because of clauses in the cruise contract that said it would not refund any tickets for cancellations within 15 days or departure or because of terrorist threats.
However, in a court filing several months after the couple sued, the company's lawyers pointed to a sort of double-secret-probation clause - not actually printed in the contract the couple received - that called for refunds if purchasers objected to any clause in the contract.
The court said the couple had "legitimate fears" about terrorism in the days right after 9/11 and that if they had known about the secret clause would likely have objected to the terrorism clause. By not telling the couple about the clause, the company engaged in a deceptive practice. And by waiting four years to give them their money back - during which time the two sides engaged in litigation - the company owes the couple lawyers' fees, costs and damages.
