Is this enough compensation? A do-over for being denied boarding on my cruise

Veda Robinson and Jackie Smartt were looking forward to their Carnival cruise last December. But they never made it on board. Smartt had packed the wrong ID, and the cruise line left her standing at the dock.

They also left Robinson standing next to her.

Actually, it was a little more dramatic: Robinson says she was told she wasn’t going anywhere without Smartt, and then the pair was escorted from the building by security, even though they made no effort to resist.

In other words, Carnival denied Robinson boarding, even though it had no reason to.

Robinson and Smartt had to buy a last-minute airline ticket back to Memphis. Robinson contacted Carnival and asked for a full refund of her ticket, since she feels she should have been able to take the cruise. After all, the cabin had been paid for, and she had the right ID.

In response, Carnival offered her a do-over cruise, based on availability, in February.

Why not a full refund?

“Carnival will not reimburse me for being denied boarding, even though I had documentation, because they recently advised me that the personnel at the pier asked me, “Do you want to board?” and documented on my incident report, that I said no,” she says.

That’s untrue, she says.

I’ve reviewed the correspondence between Robinson and Carnival, and that seems to be the cruise line’s final answer — either take a last-minute cruise this month or lose everything.

The cruise line’s position is polite but firm:

We have conducted a thorough review of all the documentation in your file and have spoken to the Guest Logistics team who was present on the day of sailing. Although Ms. Smartt was not able to travel because she lacked a WHTI compliant document, we have found no indication that you were improperly denied boarding since you were in possession of the required travel documents.

While we regret your disappointment, we are unable to extend any compensation in this regard.

This case raises a few question. First, where is Robinson’s travel agent in all of this? She booked the cruise through a AAA-affiliated agency in Memphis, which should have advised her and her friend of the ID requirements. And not only that, but the agent should have also gone to bat for her when she was denied boarding.

Robinson, in a follow-up email after this story was posted, says her agent did advise them with what she thought were the correct documentation requirements.

Our travel agent did inform Jackie to bring a certified copy of her birth certificate or passport. They were unaware the cruise did not take certified hospital birth certificates, until I informed them the day of the cruise, and Jackie did not inform the travel agent that she only had a certified hospital birth certificate. Our travel agent was definitely upset with the way Carnival treated us.

Second, while I can understand why Carnival might assume Robinson didn’t want to cruise without her friend, there must have been some kind of documentation on the circumstances of her denied boarding. Why wouldn’t Carnival give her a piece of paper that says, “You were denied boarding, and here’s why”?

It seems strange that she would be escorted through the terminal without any paperwork changing hands.

Carnival’s ticket contract — the legal agreement between her and the cruise line — doesn’t mention the possibility of being denied boarding because your cabin-mate can’t take the cruise. Maybe I’m missing something in the dense legal document.

I understand why Carnival might take this position. Refunding her cruise would cost it real money, while offering space on a future sailing wouldn’t, from a revenue point of view.

It’s a better business decision. But is it the right customer-service decision?

So it comes down to Robinson’s word against Carnival’s. The cruise line claims she opted not to take the cruise; she says she wasn’t given a choice. It says she voluntarily left the terminal; she says she was escorted by security officers.

Is the do-over enough, or should Carnival refund her entire cruise?

Wow, quite the response to this one!

If I had it to do over, I probably would have tried to distill this case more succinctly, to avoid some of the confusion when I initially posted this question. These cases can turn a little fuzzy, sometimes.

Thanks to my readers for pointing out some of the inconsistencies and prompting me to clarify some the circumstances. You’ve all made this a better story.

Update: (3:30 p.m.) I’ve heard back from Robinson with an update. She says her AAA agency did indeed contact Carnival on her behalf “and got no response,” so the agency recently refunded her cruise. It isn’t entirely clear if the refund happened before or after her latest contact on Feb. 11, when I asked for and received her permission to write about this case.

“My purpose was that I did not want this to happen to others, because other guests at the pier had the same problem and were having their birth certificate faxed to Carnival,” she says, adding, “Please remove the article.”

  • Alex

    Brooklynn,

    I saw your post and wanted to reaffirm to you that a passport is indeed required to drive, fly or boat over the border to Canada and Mexico. We travel to Canada a few times a year and had to get them.

    You can however get a passport card along with your passport, and there are other documents you can apply for additionally to allow faster screening at the border…. but you MUST have a passport. The American government did not ‘cave’ and produce special ID

  • http://www.edentravelconsultants.com Pam Cundiff

    If this was a closed loop sailing, beginning and ending from the same US port, a passport is recommended, but not required. From carnival.com “U.S. citizens taking “closed-loop” cruises are not required to have a passport, but will need proof of citizenship such as an original or certified copy of a birth certificate, a certificate of naturalization, a passport card, an enhanced driver’s license (EDL) as well as a government-issued photo ID.” If this was the case and the passenger had a certified copy of her birth certificate and a govt. issued photo ID Carnival was indeed wrong to deny her boarding by the very information on their website

  • Thomas

    I find it amazing in this day and age, that there are people who want to travel and don’t have a passport!

  • Mel

    @ Pam: I believe the customer had a hospital issued BC, not a county or state issued one…. at least that’s how I read it.

  • Wrona

    Guys, reading the follow up, not having a passport wasn’t the issue. It was the fact that Ms. Smartt didn’t have a CERTIFIED copy of her passport. She had a hospital certificate which is not a valid document. Even if other people were getting copies of their birth certificates faxed to Carnival (per the update), if she didn’t know what she had was not valid, she probably didn’t have a certified copy of her birth certificate at home that could be faxed to Carnival.

  • Christopher Elliott

    This story has a lot of moving parts. I apologize to all of you who read my initial posting and were confused. I’ve tried to clarify and update the story to the best of my ability. Thanks for caring enough to comment and ask questions.

  • Mark K

    A fax of a certified document is not a certified document. There is no way to know if the certification is real. Just like if you took a picture of the document with your camera and showed them that. If Carnival was actually accepting faxes, that is their option I guess.

  • Thomas

    I’ll repeat my earlier post. I can’t believe that people don’t have a passport! !!!!!!!!!!!!!!!!!

  • Lynne

    @Alex, from everything I’ve read on the http://travel.state.gov/passport/ you do not have to get a passport book to get the passport card. On the application, it gives you the option for a passport card only even if you’ve never had a passport before. It may not be the best option since it’s not valid for international air travel, but if you’re just traveling by land or sea with Canada the passport card looks to be fine and what we got since we live close to the border.

    Are you actually referring to the FAST card that’s allowed? “Under the U.S. Western Hemisphere Travel Initiative, FAST members who are Canadian or U.S. citizens can use their FAST membership card as an alternative document to the passport when entering the United States by land or water” taken from http://www.cbsa-asfc.gc.ca/prog/fast-expres/menu-eng.html

  • http://www.sbadventureco.com suz cohen

    I am confused – so now Robinson is asking you to remove the article?
    It doesn’t sound like Carnival gave her anything – the agent did. Is this correct?

  • Joe Farrell

    I would bet the surveillance video of the interaction would show a different story than 2 simply disappointed women leaving the cruise port quietly – but – the following facts appear unassailable:

    1. out of 2000 people on the ship, 1999 arrived with their travel documentation in order . . .

    2. The TRAVELER, for at least the last 4000 years, is responsible for knowing what they need in order to travel – this includes documentation, guns, food, water – anything they need to travel from place to place. It is the travelers money and the travelers life in some parts of the world

    3. The OC [original complainer] here OPTED out of the cruise when she said she would not travel without her friend – being the ignoramus she appears to be her friend lacked the documentation to be READMITTED to the United States – and I’m sure the cruise company does not want to have her plying th seas for the next 30 years as their guest. Her friend was NOT traveling. She said she was not leaving on the cruise without her friend. QED – she is not traveling.

    The cruise company was within its rights – the contract says to CHECK WITH YOUR TRAVEL AGENT OR US LAW for the latest changes – the LAW applies even if the contract says something different.

    The travel agent bears some liability for not ensuring his/her client knew of the rule for a passport or passport card – it has been the law since 2009. Its not a new rule. . . . but the travel agent stepped up and refunded the OC her money – problem solved.

    The lesson for everyone else is – get a passport if you intend to leave the country. Mexico may have a pavilion at Epcot but it is ALSO A foreign country that when you return to the US you need a US Passport in order to return to the US . . .

  • Joe Farrell

    Just so you know – President Obama would NOT be able to travel on the certification of birth which he possesses and has shown the world – it is not a birth certificate. . . . so he obviously has a passport- he had a black one as a senator and the red diplomatic one has President – and I’m sure he also has a standard blue one – obtained when this type of documentation was acceptable . . . I’m not a birther – but just noticed the distinction in the rules for obtaining a passport and its pretty interesting -

  • flutiefan

    i, too, am curious as to why Robinson is requesting you remove the article. if she truly does “not want this to happen to others”, then wouldn’t she want you to keep it up?

    awfully suspicious.

  • http://thirtysomethinggrad.wordpress.com andi330

    In response to your tweet, I would say not to remove the article. I’ve seen in a past article where someone you quoted asked to have her quote removed and you declined (although you did correct the quote, as she claimed she had been misquoted). In this instance I think you need to advise the customer that you do not delete articles once you have published them but that if she believes there are inaccuracies in your story, you would be willing to correct them.

  • Jody

    Well, since the answers are going the way she wished, she now wants it removed. That’s how I see it, anyway.

  • Stan P

    I think that given it was a Carnival cruise, she probably saved herself a lot of disappointment by NOT getting on the boat.

  • Brian

    Sorry Joe,

    In fact, the birth certificate President Obama posesses and has shown the world WOULD entitle him to travel in this way. That is the certified state-issued birth certificate. What birthers are asking for (for some reason) is the hospital issued one, which is pretty meaningless for official purposes.

    It is weird the issue is still alive these days – given as it was a smokescreen to cover the fact that John McCain is not a “natural-born” citizen, as he was born in Panama. The campaign was simply trying to distract from that and it took a strange life of its own.

  • cjr

    “What birthers are asking for (for some reason) is the hospital issued one, which is pretty meaningless for official purposes.”

    Except, that’s not what they’re asking for at all. In the end, like with any ‘good’ conspiracy, facts and truth are to be avoided and discredited at all cost.

  • y_p_w

    @ Joe Farrell

    I apologize for going into full on anti-birther mode…..

    I keep on hearing about our current President’s birth certificate, and the version that his campaign has released to the media would very much be valid for any purpose where a birth certificate is needed. That form is the only version that the State of Hawai’i currently issues, and the State doesn’t even keep a signed paper form for current hospital births. Hospitals transmit birth information electronically these days. I’ve heard of people using that very same form to obtain US passports, enter the military, or show proof of birth in a court proceeding. It has all the requirements that the State Department needs for proof of birth for issuing a passport, so why wouldn’t it be OK for Homeland Security’s requirements for traveling by sea?.

    Here’s Carnival’s requirement:

    http://www.carnival.com/CMS/Static_Templates/EMB_travel_document.aspx

    “U.S. citizens taking “closed-loop” cruises are not required to have a passport, but will need proof of citizenship such as an original or certified copy of a birth certificate, a certificate of naturalization, a passport card, an enhanced driver’s license (EDL) as well as a government-issued photo ID.”

    Carnival also has a forum, where this very same problem came up. The issue was that the hospital form (and not a government vital records dept certified form) was presented:

    http://www.carnival.com/Funville/forums/p/134855/699543.aspx

    Of course I have my passport card, but I’ve heard that it may be a good idea to carry a full passport book in case there needs to be an emergency flight out of one of these countries. The passport card wouldn’t be valid for international air travel because it doesn’t meet certain standards and there’s no place for arrival/departure stamps or visas.

    I called Carnival (1-800-764-7419) and operator said the current form issued by Hawai’i's Dept of Health (i.e. like President Obama’s birth certificate) would be valid for traveling on Carnival to a foreign port.

  • y_p_w

    Well – venturing way off-topic, but I love a good birther debate although though nobody here seems to be a birther.

    What the birthers are asking for is a certified copy of the original “long form” birth certificate that was issued at the time that President Obama was born. This would be the form showing the doctor’s signature, listing the hospital, and with a long host of other information. Only a subset of this information is required these days. This would have been issued by the Hawai’i Department of Health by photocopying the original form onto an official vital records stock, dating it, placing the registrar’s signature, and placing an official seal. I’m guessing the President or his family used to have a copy like this, but I don’t know if it could have been lost, damaged, misplaced, or if they just don’t think it’s anyone’s business.

    What Hawai’i did was phase out issuing these around 2000 or 2001, when they started switching recording current births via electronic transmittal of just the birth information that goes onto the current form. They’ve been issuing a shorter form (with all needed legal information) since at least the 1990s, but this full switch was supposed to reduce paperwork and fees (they do charge a lot less than most other states – $10 for the first and $4 for additional copies) as well as make the issuing process faster if the clerk doesn’t have to dig out the original form from a file cabinet somewhere. They’ve also done some strange stuff, such as changing the form’s colors over the years and switching the embossing equipment to stylized matrix made of dashes (birthers are claiming the seal is fake) from an engraved version.

    It’s interesting what some states are doing now. My kid was born in a city that still has its own vital records office. The State of California has a reasonably short standard form (Certificate of Live Birth) these days that takes up less than half of an 8.5″x11″ Vital Records sheet. It lists hospital name/address, is signed by both parents, and lists name/DOB/place of birth for both parents. The copies I got looked like they were scanned from the original form (kind of blocky like a coarse setting FAX), and I have no idea if the city has the original paper form on file or just a computer file of the image. It did come out of a laser printer, so the clerk definitely didn’t pull out the original signed form to make the certified copy. The county can also issue a certified birth certificate, and I’m pretty sure that they don’t have the original form on file.

  • y_p_w

    Well – at least they checked her friend’s documents before they let her on.

    I have a friend who is not a US citizen, but is a US permanent resident. I traveled with this friend to a foreign country, where going outbound the airline agent only asked to see a foreign passport, which indicated that entry was legal for the country where we were going. A few days before heading home, I was curious and asked to see the green card just in case. I looked at it and it clearly stated “NOT VALID FOR TRAVEL”; my friend had brought a work authorization card that looked a lot like the green card.

    The problem was that the outbound airline doesn’t check for green cards, and perhaps they aren’t required to because not all passengers are making round trips, although the itinerary was shown with the reference code. Fortunately we had arranged for people back home to have our keys, and my friend remembered where the normal storage area for the green card was. It was sent via FedEx to a hotel, although my friend couldn’t chance taking the original flight (because of how long the delivery might take) and had to change to a later date. United charged a $275 change fee for international flights and there were only two days in the following week where they had space. The really weird thing was that we had the FedEx tracking number, and the package arrived in less than two days at their handling facility but didn’t go out for delivery until it sat there for three more days.

  • Brian

    Many thanks Y_P_W,

    I have had a hard time following the birthers rambling conspiracy theories and thought it more of a joke than anything. So thanks for explaining it a bit – though, of course, it is still a joke. I wonder where my original birth certificate is – lost somewhere in the depths of time, I guess. I guess that means I’m actually Irish!

    Thanks again!

  • Toni

    GROW UP PEOPLE. GET A PASSPORT.

  • y_p_w

    @ Brian
    The original birth certificate is probably on file in the Honolulu County office of the Hawai’i Dept of Health at 1250 Punchbowl Street in Honolulu. You know – I wouldn’t mind being in Honolulu right about now.

    The former state Director of Health has issued statements that she’s seen the original record, although it’s unclear if she meant the original signed paper form or a scanned or microfiche version of it on file. They apparently maintain older records, but as I mentioned, newer birth records are only maintained electronically in a database format.

    http://hawaii.gov/health/about/pr/2008/08-93.pdf
    http://hawaii.gov/health/about/pr/2009/09-063.pdf

  • Jesse

    I agree with Toni, just get a passport. In case you need it you already have it (what if you were to lose your ID) and for that matter spend the extra $20 for the passport card so you can conveniently have it around all the time

  • y_p_w

    A passport card is $30 now as a “renewal” if you already have a passport book. It’s more if you need to go through an acceptance center (i.e. an authorized person going over documents) for a first-time application.

  • Tammy

    These two women were probably planning on taking this cruise for a while. I do question the statement by Robinson, that she never said she didn’t want to board. Is it her contention, then, that she was planning on going ahead without her friend but the cruise lines said “no”? Who here would take the cruise without your companion?

    And if what she says is true, that her agent didn’t know that a certified hospital certificate isn’t valid, then they need a new agent. Pronto. That isn’t even old news anymore.

  • Jody

    The airline wouldn’t require a passport identification because the flight was a round trip to and from a U.S. city, not a foreign destination. The airline wouldn’t have the means (or even care) where she was going to after her flight. If one was departing the country after arriving on their flight (example: going to Vancouver after arriving in Seattle) that would be that person’s responsibility, not the airline.

  • Galvezdna

    a definate yes. when you plan for acruise you set many things aside from your schedule , this diniel is the most devastating situation you can ever be in specially the expenses you have acrued to make this trip. people dont to a boarding dock to get denied, you ar focused to make the trip not to have unexpected inconveniences.

  • Nan

     Had a similar situation, except that My husband and I were not allowed to board, because my 75 year old husband’s birth certificate was not accepted, since it was  hospital issued.  FYI , as noted in a comment  below: a passport is not a requirement on a closed loop cruise. When we booked this cruise, last minute,I was told that I needed a marriage certificate(which I had to order, expedited), birth certificates, as well as, driver’s licenses. We presented with all documents in hand. At check in, I was told that the marriage certificate was not needed, which made me wonder, if all this was for security, why wouldn’t they want to see why my 2 forms of ID don’t match. WHTI requires passengers on closed loop cruises to have a birth certificate, or a copy, but does not specify that it be state issued. So being judgmental is easy ,but the bottom line is that the procedures are not always mandated by homeland security.They, also, are less rigorous about clearing the people who work on the pier, according to a Baltimore DOT web site.There, however, was no recourse , but to accept our fate, a terribly unhappy experience for our 40th anniversary. We may or may not get any remuneration, from the travel insurance. As for the cruise line(RCL), they have the fare and did not have to provide the meals, room etc., so they do come out ahead.
    Lastly, having never intended to travel abroad,we did not “shirk” getting passports. And once again, they were not required by the cruise line.

  • Anonymous

    Just revisiting an old subject (and seeing a time where all responses were “flat”).

    What the requirement for a birth certificate means is a government-issued certified birth certification.

    A so-called “hospital birth certificate” is nothing more than a souvenir with almost no legal weight.  My kid has one.  It’s actually a sticker on top of some card stock with handwritten entries.  What they require in practice is a document that is issued by a city, county, or state office with the signature of a registrar and an official seal.

  • Anonymous

    I understand that they don’t necessarily say that that specific souvenir isn’t a legal document.  However, most people think of the hospital birth certificate as nothing more than a piece of paper with footprints.  Anyone applying for a passport, using a birth certificate for I-9 proof of eligibility to work in the US, or submitting a child’s birth certificate for proof of age (schools and Little League Baseball may ask for it) knows that only a birth certificate form issued by a government office is a legal document that can be used in that way.

    They really should clean up their wording.  The State Department has clear descriptions of what is or isn’t acceptable as a birth certificate for issuance of a passport:

    http://travel.state.gov/passport/get/first/first_830.html#step3first

    Primary Evidence of U.S. Citizenship (One of the following):

    Previously issued, undamaged U.S. Passport
    Certified birth certificate issued by the city, county or state*
    Consular Report of Birth Abroad or Certification of Birth  Naturalization Certificate
     Certificate of Citizenship *A certified birth certificate has a registrar’s
    raised, embossed, impressed or multicolored seal, registrar’s
    signature, and the date the certificate was
    filed with the registrar’s office,
    which must be within 1 year of your birth. Please note, some short
    (abstract) versions
    of birth certificates may not be acceptable for passport purposes.** ** **I’ve looked more into the restriction on abstracts.  I understand their problem is with Texas and California abstract forms.  Texas still issues them, but California discontinued them around 2001.