2/5/We are in receipt of the “Complaint” by MsC***This cruise was booked on July 5th of 2017, for a Day Night Cruise departing New Orleans on January 29th The certificate received was for a night cruiseThe certificate recipient (Ms.C***) signed the registration form stating that she has read, understands and agrees to the terms and conditions of the certificatePer the terms; recipients are responsible for their port charges, taxes, customs and fulfillment fees of $per personThat is exactly what the recipient paidThe cruise chosen was a longer cruise vacation and required an upgrade of $per person, nominal for the extra day, night, meals and entertainmentWhich was acceptable to the recipient and is exactly what was paid to Carnival by recipient in November of We are a bit baffled as never throughout the many months of being booked were we ever asked to provide any receipt or description of feesNor did we ever hear from client that there was some sort of issue that needed our attention or clarificationWe do no advertise directly to recipients nor do we have a website geared toward certificate recipientsAs recipients of certificates are only bound by the terms and conditions on their certificate, which is signed by recipients that they understand and have readThe last statement in Ms.C***s letter is precisely what happenedAs stated above port charges, taxes, customs and fulfillment fees along with upgrade fees were called in to Cruise Line directlyShould you have any questions please feel free to contact me directly at ###-###-####Regards, S [redacted]
Complaint: I am rejecting this response because:When I had initially reviewed the Terms and Conditions (“TC”) set forth by MrS [redacted] (“TA”), I signed the TC with the clear understanding of the following pertaining to charges, • $is a one-time registration fee towards the Cruise • $per person is for and only for payments towards Cruise port charges, taxes, customs and fulfillment fees • $per person was quoted over the phone as a Cruise upgrade feePer the TC, quoted verbatim "Upgrades to an ocean view stateroom, suite or an extended cruise are available for an additional fee." A reasonable person would understand that the upgrade charge is solely for, and in my specific scenario, the extension from a standard nights/days cruise to a nights/days cruise- which is a difference of one calendar dayI had paid the following:· $one-time registration fee towards the Cruise· $towards Cruise port charges, taxes, customs and fulfillment fees for two (2) people· $towards the aforementioned upgrade fee pertaining to an extended cruise duration for two (2) people.In total, I paid $When completing the cheprocess via Carnival.com, as required to complete my cruise booking; I was provided with boarding documentation as well as an Itemized Summary – Invoice which revealed the following information, which has been assumed with good faith as the true value of the cruise:· Cruise Rate of $538· Cruise Government Taxes and Fees $153.40The total sum amounted to $In furtherance to better understand details of the above itemized items, the Carnival Cruise Ticket Contract Term defines:“(b) “Cruise Fare” or “Fare” means the amount paid for the cruise which includes full board, ordinary ship’s food during the voyage, but not gratuities, spirits, wine, beer, soft drinks or mineral waters, shore excursions, salon and spa services, Carnival LIVE concerts, or any other incidental charge or expenseThe cruise fare shall be deemed to be earned when paid and not refundable except as stated in Carnival’s brochure applicable to the voyage and as provided in Clauses and 8, herein.(c) Cruise Fare does not include Cruise Taxes, Fees, and Port Expenses“Cruise Taxes, Fees, and Port Expenses” may include any and all fees, charges, tolls and taxes imposed on Carnival, by governmental or quasi-governmental authorities, as well as third party fees and charges arising from a vessel’s presence in a harbor or portCruise Taxes, Fees and Port Expenses may include U.SCustoms fees, head taxes, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, pilotage, immigration and naturalization fees, and Internal Revenue Service fees, as well as fees associated with navigation, berthing, stevedoring, baggage handling/storage, and security servicesCruise Taxes, Fees, and Port Expenses may be assessed per passenger, per berth, per ton or per vesselAssessments calculated on a per ton or per vessel basis will be spread over the number of passengers on the VesselCruise Taxes, Fees and Port Expenses are subject to change and Carnival reserves the right to collect any increases in e×ect at the time of sailing even if the fare has already been paid in full.(d) Cruise Fare does not include fuel supplement charges, security surcharges, or similar incidental surcharges (“surcharges”); Carnival reserves the right to impose or pass any of these surcharges and no right of cancellation shall be implied“Fuel supplement” shall mean any additional charge to defray a portion of Carnival’s fuel costsThe amount of fuel supplements and government fees and taxes collected are subject to changeCarnival reserves the right to charge a fuel supplement of up to$USD, or its equivalent in foreign currency, per person per day, without prior notice, in the event that the price of light sweet crude oil according to the NYMEX (New York Mercantile Exchange Index) is greater than $USD per barrel of oilCarnival may collect any fuel supplement in e×ect at the time of sailing, even if the cruise fare has been paid in full.” Thereby, there is a discrepancy of amounts in excess of $specifically related to what TA claims to have been paid towards "Cruise port charges, taxes, customs, and fulfillment fees"Additionally, as mentioned initially, TC indicated the $per person upgrade fee was an upcharge due to an additional calendar dayA reasonable person would understand that this "upgrade fee" is an amount difference from a standard cruise of nights/daysComparing current rates of a shorter cruise with similar parameters via Carnival.com, it was revealed that a night/day cruise departing from New Orleans in Jan/Feb would have been at a cost of Cruise Fare of $and Taxes, Fees, & Port Expenses of $134.50; for a total of $Hereby noting the difference was only $Thereby, there is a discrepancy of amounts in excess of $pertaining to what TA claims to have been paid to "Upgrades to an ocean view stateroom, suite or an extended cruise are available for an additional fee." I am in contest not of the amount of the fees but of the potential mischaracterization of the stated fees that was initially presented and found to have a discrepancy when compared to the official Itemized Summary Invoice from CarnivalI feel misled to believe fees would be paid towards stated charges and am confused regarding the amounts I paid as documentation has shown otherwiseTA claims that he has never been asked to provide receipt of description of fees in his many months of being bookedAs a first time user of TA’s services and first time user of travel agency services in general, I did not have a common knowledge regarding how and when invoices/receipts were to be delivered from the seller nor that it was my responsibility to obtain such invoices/receiptsIn my entire life experiences as an end user/consumer of goods and services, I have always been provided with receipts/invoicesI am shocked since it is a general and standard business practice to provide receipts/proof of purchaseAdditionally, per State of California Department of Justice, Seller of Travel Law, § (https://oag.ca.gov/travel/statute):“Receipt of payment for air or sea transportation or other travel services; information which must be furnished to payor, (a)(1) A seller of travel shall not receive any money or other valuable consideration in payment for air or sea transportation or other travel services offered by the seller of travel unless at the time of or prior to the receipt of payment, the seller of travel first furnishes to the person making that payment written materials conspicuously setting forth the following information: (B) The total amount to be paid by or on behalf of the passenger, amount paid to date, the date of any future payment, the purpose of the payment made, and an itemized statement of the balance due, if any.“ And per State of California Department of Justice, Frequently Asked Questions – Sellers of Travel:“What kinds of disclosures does a seller of travel have to make?In general, before accepting payment, even a partial one, a seller of travel must provide you with various written disclosures including its name, business address and telephone number, an itinerary, a statement about its cancellation policy, the total amount to be paid, the amount paid to date, the date of any future payment, the purpose of the payment made, an itemized statement of the balance due, if any, whether it has a trust account or surety bond, whether your payment is protected by the Restitution Fund, and how to make a claim to TCRCUnder certain circumstances, if a seller fails to provide you with its cancellation policy in writing, it cannot later impose penalties in the event that you cancel.For more information, please see Business and Professions Code sections and 17550.14.” It should also be noted that rate quotations I obtained were completed via phone conversationTA did not follow up and provide written materials specifying payment amounts and details of chargesWith respect to Seller of Travel Law quoted above, TA did not provide written materials that conspicuously set forth:· The total amount to be paid which should have been remitted after the initial contact where a verbal quotation of the desired cruise booking was obtained· Amount paid to date which should have been remitted after the first payment was completed (the $charge) and after each subsequent payment was completed.· Dates of future payment and itemized statement of the balance due which should have been remitted as the upgrade fee was not yet paid in full until approximately days prior to the cruise departure dateNOTE: The only documentation in writing of the payment amount and due date of the upgrade fee was an email I had initiated to TA to inquire on this payment due to recollection of this upcoming fee.· Purpose of the payment made which should be included in all invoices/receiptsThe written documentation that was provided to me include:· Cruise Certificate indicating recipient is entitled to a standard nights/days cruise for two· Terms and Conditions (located on the backside of the Cruise Certificate)· Cruise Certificates information of what to expect and includes description of amenities and onboard activities.· Welcome package which provided information regarding booking the cruise, deposits and payments at the time of booking (which is a repeat of terms set forth in the TC), documents required to sail, fuel supplement information, frequently asked questions· Welcome package which includes sample itineraries· Booking information which I had to fill out and was not identified as a form of “Receipt”Other written documentation was emails between myself and TA in which I initiated follow ups to obtain clarification of our phone conversationsUltimately, there was no documentation provided by TA which resembled invoices/receiptsThereby, regarding receipts and description of fees, I request that TA provide an itemized summary showing details of charges paidTA claims not to have a website geared towards certificate recipientsHowever, an internet search revealed TA affiliated as the registrant of the domain www.cruisecertificates4two.com/ which is what I have referred to in my initial complaint and due to character limitations was unable to provide the full URL within the narrativeI referenced this website to show that I was further unable to locate clarifying language regarding the cruiseTo reiterate, I am in contest not of the amount of the fees but of the potential mischaracterization of stated feesThe stated fees was presented as surcharges pertaining to Cruise upgrades and Cruise port charges, taxes, customs, fulfillment fees; there is a huge discrepancy when compared to the official Itemized Summary Invoice from CarnivalI had originally signed and agreed to the TC with good faith and with a fair dealing presumptionIt is reasonable that any person, under good faith to believe terms and conditions to be true, can be met with confusion when provided with documentation showing a huge inconsistencyUnless my understanding of the Terms and Conditions and/or Seller of Travel law is grossly misunderstood, I believe my request is fair and within reason.Regards, C [redacted] ***
Dear Revdex.com,In carefully reviewing the response provided by MrS [redacted] ; it is clear that he still does not fully understand my concern and confusionHis response details the same timeline and information that I had provided in my prior responses.To reiterate:My concern and confusion primarily stem after I had received an itemized summary invoice by Carnival cruise line which did not correspond in any way to what I paid to MrS [redacted] My understanding of his terms and conditions were that the fees that he claims as “port charges, taxes, customs, and fulfillment fees” as well as the upgrade fees would be and can be directly related to Carnival—meaning the aforementioned fees is exactly what Carnival charges and is defined in the same manner.To provide an alternate explanation and give more perspective: it is reasonable that anyone would believe that the use of the term “port charges” is defined and applied in the same manner by both cruise lines and cruise travel agents and would have no other hidden meaningPort charges are port charges across the board---that if the Cruise line charges $for port charges, this should be the same amount charged by the cruise travel agent and vice versa.However, it has now become apparent, based upon MrS [redacted] ’s response, that what he claimed as “port charges, taxes, customs, and fulfillment fees” as well as the upgrade fees are in fact stand alone and separate business service charges labeled as such and has no relevance in any way to and how a reasonable person as well as how Carnival defines to be port charges, taxes, customs, etc.This ordeal has been extremely traumatizing and I am still confused regarding this matterI am also deeply disappointed as a consumer with the manner that which MrS [redacted] has overlooked my concern and, based upon his responses, was unwilling and unable to understand my perspectiveHis responses have shown me that he does not acknowledge that even a potential misunderstanding could even occurWhile I still stand in my belief that I was potentially misled, I will take this as a loss and learn from this experience; please kindly close this complaint accordingly as there is no point in furthering any dialogue.Sincerely, C [redacted] ***
2/5/We are in receipt of the “Complaint” by MsC***This cruise was booked on July 5th of 2017, for a Day Night Cruise departing New Orleans on January 29th The certificate received was for a night cruiseThe certificate recipient (Ms.C***) signed the registration form stating that she has read, understands and agrees to the terms and conditions of the certificatePer the terms; recipients are responsible for their port charges, taxes, customs and fulfillment fees of $per personThat is exactly what the recipient paidThe cruise chosen was a longer cruise vacation and required an upgrade of $per person, nominal for the extra day, night, meals and entertainmentWhich was acceptable to the recipient and is exactly what was paid to Carnival by recipient in November of We are a bit baffled as never throughout the many months of being booked were we ever asked to provide any receipt or description of feesNor did we ever hear from client that there was some sort of issue that needed our attention or clarificationWe do no advertise directly to recipients nor do we have a website geared toward certificate recipientsAs recipients of certificates are only bound by the terms and conditions on their certificate, which is signed by recipients that they understand and have readThe last statement in Ms.C***s letter is precisely what happenedAs stated above port charges, taxes, customs and fulfillment fees along with upgrade fees were called in to Cruise Line directlyShould you have any questions please feel free to contact me directly at ###-###-####Regards, S [redacted]
Complaint: I am rejecting this response because:When I had initially reviewed the Terms and Conditions (“TC”) set forth by MrS [redacted] (“TA”), I signed the TC with the clear understanding of the following pertaining to charges, • $is a one-time registration fee towards the Cruise • $per person is for and only for payments towards Cruise port charges, taxes, customs and fulfillment fees • $per person was quoted over the phone as a Cruise upgrade feePer the TC, quoted verbatim "Upgrades to an ocean view stateroom, suite or an extended cruise are available for an additional fee." A reasonable person would understand that the upgrade charge is solely for, and in my specific scenario, the extension from a standard nights/days cruise to a nights/days cruise- which is a difference of one calendar dayI had paid the following:· $one-time registration fee towards the Cruise· $towards Cruise port charges, taxes, customs and fulfillment fees for two (2) people· $towards the aforementioned upgrade fee pertaining to an extended cruise duration for two (2) people.In total, I paid $When completing the cheprocess via Carnival.com, as required to complete my cruise booking; I was provided with boarding documentation as well as an Itemized Summary – Invoice which revealed the following information, which has been assumed with good faith as the true value of the cruise:· Cruise Rate of $538· Cruise Government Taxes and Fees $153.40The total sum amounted to $In furtherance to better understand details of the above itemized items, the Carnival Cruise Ticket Contract Term defines:“(b) “Cruise Fare” or “Fare” means the amount paid for the cruise which includes full board, ordinary ship’s food during the voyage, but not gratuities, spirits, wine, beer, soft drinks or mineral waters, shore excursions, salon and spa services, Carnival LIVE concerts, or any other incidental charge or expenseThe cruise fare shall be deemed to be earned when paid and not refundable except as stated in Carnival’s brochure applicable to the voyage and as provided in Clauses and 8, herein.(c) Cruise Fare does not include Cruise Taxes, Fees, and Port Expenses“Cruise Taxes, Fees, and Port Expenses” may include any and all fees, charges, tolls and taxes imposed on Carnival, by governmental or quasi-governmental authorities, as well as third party fees and charges arising from a vessel’s presence in a harbor or portCruise Taxes, Fees and Port Expenses may include U.SCustoms fees, head taxes, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, pilotage, immigration and naturalization fees, and Internal Revenue Service fees, as well as fees associated with navigation, berthing, stevedoring, baggage handling/storage, and security servicesCruise Taxes, Fees, and Port Expenses may be assessed per passenger, per berth, per ton or per vesselAssessments calculated on a per ton or per vessel basis will be spread over the number of passengers on the VesselCruise Taxes, Fees and Port Expenses are subject to change and Carnival reserves the right to collect any increases in e×ect at the time of sailing even if the fare has already been paid in full.(d) Cruise Fare does not include fuel supplement charges, security surcharges, or similar incidental surcharges (“surcharges”); Carnival reserves the right to impose or pass any of these surcharges and no right of cancellation shall be implied“Fuel supplement” shall mean any additional charge to defray a portion of Carnival’s fuel costsThe amount of fuel supplements and government fees and taxes collected are subject to changeCarnival reserves the right to charge a fuel supplement of up to$USD, or its equivalent in foreign currency, per person per day, without prior notice, in the event that the price of light sweet crude oil according to the NYMEX (New York Mercantile Exchange Index) is greater than $USD per barrel of oilCarnival may collect any fuel supplement in e×ect at the time of sailing, even if the cruise fare has been paid in full.” Thereby, there is a discrepancy of amounts in excess of $specifically related to what TA claims to have been paid towards "Cruise port charges, taxes, customs, and fulfillment fees"Additionally, as mentioned initially, TC indicated the $per person upgrade fee was an upcharge due to an additional calendar dayA reasonable person would understand that this "upgrade fee" is an amount difference from a standard cruise of nights/daysComparing current rates of a shorter cruise with similar parameters via Carnival.com, it was revealed that a night/day cruise departing from New Orleans in Jan/Feb would have been at a cost of Cruise Fare of $and Taxes, Fees, & Port Expenses of $134.50; for a total of $Hereby noting the difference was only $Thereby, there is a discrepancy of amounts in excess of $pertaining to what TA claims to have been paid to "Upgrades to an ocean view stateroom, suite or an extended cruise are available for an additional fee." I am in contest not of the amount of the fees but of the potential mischaracterization of the stated fees that was initially presented and found to have a discrepancy when compared to the official Itemized Summary Invoice from CarnivalI feel misled to believe fees would be paid towards stated charges and am confused regarding the amounts I paid as documentation has shown otherwiseTA claims that he has never been asked to provide receipt of description of fees in his many months of being bookedAs a first time user of TA’s services and first time user of travel agency services in general, I did not have a common knowledge regarding how and when invoices/receipts were to be delivered from the seller nor that it was my responsibility to obtain such invoices/receiptsIn my entire life experiences as an end user/consumer of goods and services, I have always been provided with receipts/invoicesI am shocked since it is a general and standard business practice to provide receipts/proof of purchaseAdditionally, per State of California Department of Justice, Seller of Travel Law, § (https://oag.ca.gov/travel/statute):“Receipt of payment for air or sea transportation or other travel services; information which must be furnished to payor, (a)(1) A seller of travel shall not receive any money or other valuable consideration in payment for air or sea transportation or other travel services offered by the seller of travel unless at the time of or prior to the receipt of payment, the seller of travel first furnishes to the person making that payment written materials conspicuously setting forth the following information: (B) The total amount to be paid by or on behalf of the passenger, amount paid to date, the date of any future payment, the purpose of the payment made, and an itemized statement of the balance due, if any.“ And per State of California Department of Justice, Frequently Asked Questions – Sellers of Travel:“What kinds of disclosures does a seller of travel have to make?In general, before accepting payment, even a partial one, a seller of travel must provide you with various written disclosures including its name, business address and telephone number, an itinerary, a statement about its cancellation policy, the total amount to be paid, the amount paid to date, the date of any future payment, the purpose of the payment made, an itemized statement of the balance due, if any, whether it has a trust account or surety bond, whether your payment is protected by the Restitution Fund, and how to make a claim to TCRCUnder certain circumstances, if a seller fails to provide you with its cancellation policy in writing, it cannot later impose penalties in the event that you cancel.For more information, please see Business and Professions Code sections and 17550.14.” It should also be noted that rate quotations I obtained were completed via phone conversationTA did not follow up and provide written materials specifying payment amounts and details of chargesWith respect to Seller of Travel Law quoted above, TA did not provide written materials that conspicuously set forth:· The total amount to be paid which should have been remitted after the initial contact where a verbal quotation of the desired cruise booking was obtained· Amount paid to date which should have been remitted after the first payment was completed (the $charge) and after each subsequent payment was completed.· Dates of future payment and itemized statement of the balance due which should have been remitted as the upgrade fee was not yet paid in full until approximately days prior to the cruise departure dateNOTE: The only documentation in writing of the payment amount and due date of the upgrade fee was an email I had initiated to TA to inquire on this payment due to recollection of this upcoming fee.· Purpose of the payment made which should be included in all invoices/receiptsThe written documentation that was provided to me include:· Cruise Certificate indicating recipient is entitled to a standard nights/days cruise for two· Terms and Conditions (located on the backside of the Cruise Certificate)· Cruise Certificates information of what to expect and includes description of amenities and onboard activities.· Welcome package which provided information regarding booking the cruise, deposits and payments at the time of booking (which is a repeat of terms set forth in the TC), documents required to sail, fuel supplement information, frequently asked questions· Welcome package which includes sample itineraries· Booking information which I had to fill out and was not identified as a form of “Receipt”Other written documentation was emails between myself and TA in which I initiated follow ups to obtain clarification of our phone conversationsUltimately, there was no documentation provided by TA which resembled invoices/receiptsThereby, regarding receipts and description of fees, I request that TA provide an itemized summary showing details of charges paidTA claims not to have a website geared towards certificate recipientsHowever, an internet search revealed TA affiliated as the registrant of the domain www.cruisecertificates4two.com/ which is what I have referred to in my initial complaint and due to character limitations was unable to provide the full URL within the narrativeI referenced this website to show that I was further unable to locate clarifying language regarding the cruiseTo reiterate, I am in contest not of the amount of the fees but of the potential mischaracterization of stated feesThe stated fees was presented as surcharges pertaining to Cruise upgrades and Cruise port charges, taxes, customs, fulfillment fees; there is a huge discrepancy when compared to the official Itemized Summary Invoice from CarnivalI had originally signed and agreed to the TC with good faith and with a fair dealing presumptionIt is reasonable that any person, under good faith to believe terms and conditions to be true, can be met with confusion when provided with documentation showing a huge inconsistencyUnless my understanding of the Terms and Conditions and/or Seller of Travel law is grossly misunderstood, I believe my request is fair and within reason.Regards, C [redacted] ***
Dear Revdex.com,In carefully reviewing the response provided by MrS [redacted] ; it is clear that he still does not fully understand my concern and confusionHis response details the same timeline and information that I had provided in my prior responses.To reiterate:My concern and confusion primarily stem after I had received an itemized summary invoice by Carnival cruise line which did not correspond in any way to what I paid to MrS [redacted] My understanding of his terms and conditions were that the fees that he claims as “port charges, taxes, customs, and fulfillment fees” as well as the upgrade fees would be and can be directly related to Carnival—meaning the aforementioned fees is exactly what Carnival charges and is defined in the same manner.To provide an alternate explanation and give more perspective: it is reasonable that anyone would believe that the use of the term “port charges” is defined and applied in the same manner by both cruise lines and cruise travel agents and would have no other hidden meaningPort charges are port charges across the board---that if the Cruise line charges $for port charges, this should be the same amount charged by the cruise travel agent and vice versa.However, it has now become apparent, based upon MrS [redacted] ’s response, that what he claimed as “port charges, taxes, customs, and fulfillment fees” as well as the upgrade fees are in fact stand alone and separate business service charges labeled as such and has no relevance in any way to and how a reasonable person as well as how Carnival defines to be port charges, taxes, customs, etc.This ordeal has been extremely traumatizing and I am still confused regarding this matterI am also deeply disappointed as a consumer with the manner that which MrS [redacted] has overlooked my concern and, based upon his responses, was unwilling and unable to understand my perspectiveHis responses have shown me that he does not acknowledge that even a potential misunderstanding could even occurWhile I still stand in my belief that I was potentially misled, I will take this as a loss and learn from this experience; please kindly close this complaint accordingly as there is no point in furthering any dialogue.Sincerely, C [redacted] ***