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Is the *** on your list for complaints. Is the *** on your…

Customer Question
Is the *** on...

Is the *** on your list for complaints

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Is the *** on your list to settle disputes

Lawyer's Assistant: Has anything been filed or reported?

No, but I have sent numerous emails to *** and they have denied responsibility and I would like to take the matter further

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My sister and I booked Guaranteed Ocean View Staterooms six months prior to sailing date. Two weeks prior to sailing date, *** phoned and stated that no ocean view staterooms were available and we had to have an inside cabin. I told them they were obliged to provide us with ocean view staterooms and that I was claustrophobic. They claimed the terms and conditions allowed them to give us inside cabins and sent me an email which, misleadingly, highlighted words which were not relevant. After I contacted executives at RCC, they gave my sister an ocean view stateroom with a large window and allocated my husband and me a porthole cabin. At no time did they state that we could be allocated a porthole cabin. The porthole was closed for two days due to rough weather and I claim that a closed porthole cannot be considered to be an ocean view stateroom. Being claustrophobic, I suffered extreme stress, trauma, panic attacks and asthma attacks throughout the fourteen day cruise.

Submitted: 6 months ago.Category: Australia Law
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Answered in 5 minutes by:
1/3/2018
Solicitor: John Melis, Lawyer replied 6 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,272
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will be with you shortly.

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Solicitor: John Melis, Lawyer replied 6 months ago

to find out if a company is not being seeing as a positive service provider, you can review such in the Consumer Affairs website, where they list negative reports.

If the trip you had was not to the standard that you were told about when you purchased the ticket, you may be able to raise a claim under he Australian Consumer Law against the agency themselves.

have you considered this option ?

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Customer reply replied 6 months ago
I would like to know if a porthole when closed due to rough weather can be considered to be an ocean view stateroom
Solicitor: John Melis, Lawyer replied 6 months ago

this issue would need to be addressed directly with the cruise line.

close the porthole most likely will be for safety reasons to avoid flooding.

does this answer your important question today ?

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Customer reply replied 6 months ago

No. I already knew that and I have sent numerous emails to *** and they just deny responsibility and state that we were given a guaranteed ocean view stateroom

Solicitor: John Melis, Lawyer replied 6 months ago

you next option is to raise a claim against the travel agent.

would you like to do this ?

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Customer reply replied 6 months ago
I have not received any relevant advice and I would like a refund of any fees paid
Solicitor: John Melis, Lawyer replied 6 months ago

can you be please clarify what aspect your question was not answered ?

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Customer reply replied 6 months ago
Everything you have told me I was aware of and your answers have not helped me at all. I am not satisfied and would like a full refund.
Solicitor: John Melis, Lawyer replied 6 months ago

do you want to commence legal proceedings under the Australian Consumer ?

I have extended a special offer to talk on the telephone so I can assist you further if you like ?

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Customer reply replied 6 months ago
No. NSW Civil & Administrative Tribunal advised that they do not have jurisdiction to hear claims concerning sea carriage or travel on a ship. The Department of Fair Trading can look into the dispute and I will follow their advice.
Solicitor: John Melis, Lawyer replied 6 months ago

you can raise a claim for breach of contract at the court as well against the agent, there you may also raise a claim for the legal costs as well.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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