Don’t I deserve a refund for sailing on an infected ship?

Robert Dockery’s eastern Caribbean cruise on Holland America’s M.S. Maasdam got off to a bad start when it was delayed in order to conduct a “supersanitization.” It came to an even worse conclusion when Dockery and his wife became “deathly ill” with a gastrointestinal virus and remained in their stateroom, subsisting off Jell-O and toast.

Holland America apologized and offered the couple an upgrade on a future cruise, subject to availability. Dockery wants more — and he wants me to help him get it.

I don’t know if I can, or if I should. Maybe you can help me figure this one out.

Let’s get a few housekeeping details out of the way first.

Here’s the Centers for Disease Control report on the outbreak, which happened on the cruise preceding Dockery’s.

Also worth noting is Holland America’s cruise contract, the legal agreement between Dockery and the cruise line. It basically says he has no rights to a refund.

For his 11-day cruise, Dockery reserved a deluxe veranda suite and paid $8,382.

Here’s what happened next:

Shortly after our arrival at Port Everglades, we were informed that boarding would be delayed because the ms Maasdam was being “supersanitized” because on the previous cruise there had been a serious outbreak of the Norovirus.

The authorities for Holland America assured the boarding passengers that the delay was necessary in order to comply with strict CDC regulations designed to ensure our health and safety during the up-coming voyage.

While this was not the most welcome news, we took the Holland America officials at their word and subsequently joined our fellow passengers to board the ms Maasdam.

Two days later, both Dockery and his wife were “deathly ill,” he says. “It was virtually impossible to enjoy the rest of the cruise,” he says.

“Indeed, the lingering effects of the illness forced us to seriously contemplate leaving the cruise in Barbados and flying back to Miami from Bridgetown,” he adds.

After his return, Dockery sent a polite letter to Holland America, describing the sick cruise and asking for compensation. The cruise line apologized and offered a space-available upgrade on a future cruise, which is entirely insufficient to him.

He’d like to get half his money back, and here’s why:

• The Maasdam was known to have a Norovirus problem but was quickly set out to sea again.

• By his own count, at least 100 passengers from the previous cruise were allowed back on board for a do-over cruise.

• There same crew ended up servicing both cruises.

I’ve reviewed the letters between Dockery and Holland America. With each missive, he becomes a little more insistent, finally invoking his law degree and threatening a lawsuit. I’m not sure if the last few messages were as productive as he would have wanted them to be, since the cruise line didn’t bother responding to them.

None of this should have happened, of course. Cruise lines that “supersanitize” a vessel should experience no new Norovirus cases — otherwise “supersanitize” means nothing more than putting on a good show for the CDC inspectors — and passengers on the cruise following a deep cleaning deserve special protections or guarantees that their voyage won’t end in illness.

I can definitely understand Dockery’s disappointment, and I agree with him that Holland America could have done more.

But what? Should it offer him a do-over? Or refund part of his cruise fare, as he requests?

  • http://twitter.com/3sarkar M Sarkar

    Why I voted “yes”:
    1. “Supersanitize” had a great sound to it (like “superpower” for Russia?), but in reality – you just cannot sanitize every nook or cranny. And if any infected crew/pax (esp. those with latent infection) were put back on the ship…well….
    2. The cruise line should offer the pax a do-over. Refunding part of his money means they will never see him again.

    What surprises me:
    For someone with a legal degree and the ability to plunk down 8k for a trip, come come the person did not get trip insurance (what Elliott blog readers are so well familiar with) or- if applicable- get his credit card company involved?

  • Rebecca O`Shaughnessy

    Here in Chicago, we have one where the sketchy personal injury attorney shouts “What’s your case worth?” several times. I can’t figure out how this is legal, and if it is, how the ABA doesn’t yank his license.

  • cjr001

    As other have pointed out, the problem with finding out about another outbreak is that CDC requirements allow cruise lines to not report illness until it reaches a certain threshold. And you’re unlikely to get accurate numbers from the cruise line either way.

  • cjr001

    Well, it’s not like airline contracts, or indeed any contract, are much better these days.

    Even online video game services such as Sony’s PlayStation Network and Valve’s Steam service have gone the “no class action lawsuits allowed; we pick the arbitrator” route in recent months.

  • Adam_The_Man

    That is disgusting! So I can no longer do business with many major corporations without waiving my rights, and agreeing to the fact that they may not even provide something in return for my money. We seem to have no rights anymore. How is this all legal?

  • flutiefan

    ^^THIS.

  • flutiefan

    you really think 100 people were able to just hop on to an 11 day cruise with virtually no notice?

  • texas88

    I was just going by what was stated by the OP. 100 sounds excessive, but if they did it for a dozen people, maybe 5 or 6 empty rooms, the precedence is still there.

  • Sadie_Cee

    I agree with you totally. Obviously, their purported cleaning was not done thoroughly enough. It could even be that there is a loophole in their ongoing sanitation practices as well. In any event, the OP should receive more compensation than has been offered to date. If HAL had been reasonable, he would not have had to invoke the “L” word.

    I vote in favour of mediation in the hope, probably naive/vain, that the intervention of an impartial, third party can thaw the frozen consumer/provider relationship.

    BTW would “avarice” or “cupidity” suffice?

  • Carchar

    Would trip insurance have refunded his cruise had they chosen to return home? I buy travel insurance whenever I travel outside the U.S., although I must admit I rarely cruise.

  • TonyA_says

    Two words. STOP CRUISING.
    If you can’t handle the dehydration that accompanies a Norovirus infection, think of another way to do a vacation.

  • TonyA_says

    Ditto. Maybe cheap or too lazy to make own itinerary and travel plans. Or maybe they just truly enjoy cafeteria-like food and cramped quarters.

  • scapel

    I would hope that Dockery had travel insurance and collected on it. Then take HAL offer and try again on another cruise. Sometimes things can’t be helped, but I wonder about the crew and how many of them were sick. It is more crew than passengers keeping a contagious disease going. I voted NO.

  • Maureen Bernardis

    The cruiselines take it very seriously and there is a procedure in place for any “infected” cabins. They don’t just clean them, they sanitize them from top to bottom. The ship keeps very close tabs on how many cases there are. (In fact they ask both crew and passengers to make sure and report it so the numbers are accurate) Too many people in the mix to ignore numbers as anyone can call the CDC. It’s not worth anyone’s job to ignore it or lie about it.

  • tomz2001

    my wife & i were on that cruise.we both got really sick..our travel agent told us not to bother complaining.we pledged never to go on another cruise or use her again! they lost good customers ..we cruised 3 times a year.i’m interested in how chris makes out….
    ps…everything they stated was true…they left out …the CAPTIAN refusing to shake hands(fear of disease) you could however touch his sleeve.
    i should have never boarded…& used my insurance!!! $4500…lost at sea!! not again……tom

  • Cybrsk8r

    It is IMPOSSIBLE, to completely decontaminate the large cruise ships in service today, unless they want to keep the ship in port for several days, and the cruise line is not going to do that. They are going to put on a dog-and-pony show for the CDC and then load more passengers on the ship and hope for the best.

    So, I think there should be a law allowing passengers to cancel their
    cruise, without penalty, when the ship is contaminated with norovirus on it’s previous voyage. I would never go on a cruise without that guarantee.

  • sirwired

    Evidence he got sick is not automatic evidence of negligence. If the cruise line could show they performed all reasonable steps to prevent a repeat outbreak (such as the post-outbreak, CDC-supervised, sanitation process), the law does not require them to be 100% successful. (If a public facility was required to stamp out all communicable disease, all the time, just about every hospital in the country would have to shut down for MRSA and C. Difficile infections…)

    I doubt there is anything nefarious going on; the payoff is far to little for the possible penalties. All intestinal illnesses on-board cruise ships are “reportable.” As part of the immigration/customs clearance process the ship must file a report with the number of people suffering from any one of a number of diseases. They must file this certified report even if nobody came down with anything.

    A separate report must be filed with the CDC if the number of ill passengers exceeds 2% of the people on-board. If it exceeds 3%, it’s officially a publicly reportable outbreak.

    If the number of passengers is below that 3% threshold, no outbreak is considered to have occurred. Period. You might be able to FOIA the report for this vessel, and I’m pretty sure it would show that the OP got sick (assuming he reported to medical during the voyage.)

  • sirwired

    The CDC requires 100% reporting. Every last instance of GI illness must be reported. The thresholds come into play when making the numbers public.

  • http://www.facebook.com/linda.bator Linda Bator

    UNTRUE! The REASON everyone knows about these onboard illnesses, and are unaware of breakouts at resorts is BECAUSE they must report ALL instances.

  • http://www.facebook.com/linda.bator Linda Bator

    But the CDC must clear a ship before it can leave port, so it WAS cleaned properly. However, since anyone flying in could have picked it up and brought it onboard, you can still get sick people. It is a virus, and does not stay only on cruiseships!

  • http://www.facebook.com/linda.bator Linda Bator

    But it does not guarantee that the new passengers boarding weren’t previously infected (like on the flight) and carry it onboard.

  • cjr001

    Yes, you are correct, sirwired. I should’ve been more explicit.

    I don’t doubt that they are reporting to CDC. But they won’t say anything to the public unless required to do so.

  • cjr001

    Follow the money: the corporations are better funded than the individuals.

  • Joe_D_Messina

    I’m not as optimistic on that one. Nobody could guarantee every inch of the ship had been properly cleaned. The CDC is understaffed for all they have to do just like almost every other watchdog agency you can name. They’ve got external pressures on them to not disrupt things any more than is absolutely necessary and internal pressures to put things like this to bed so they can get on with their normal workload.

  • tech_ed

    I voted “no” because it won’t make any difference either way!

  • JenniferFinger

    At the same time, can you prove that he didn’t get the norovirus from any source other than the ship? Either way, regardless of how much they did to clean and sanitize the ship, they had a problem with it before, allowed a number of passengers from the previous cruise back on the ship, and put the ship back into service. If there was that big a problem with the ship, they should have used a different ship, or if that was not feasible, should have canceled the cruise.

  • JenniferFinger

    At the same time, can you prove that he didn’t get the norovirus from any source other than the ship? Either way, regardless of how much they did to clean and sanitize the ship, they had a problem with it before, allowed a number of passengers from the previous cruise back on the ship, and put the ship back into service. If there was that big a problem with the ship, they should have used a different ship, or if that was not feasible, should have canceled the cruise.