The ship sailed, but they didn’t

At the dock without my glasses. / Photo by bimiers – Flickr Creative Commons.

When Antonia Giannasca called Carnival Cruise Lines this year to book a vacation to Mexico for her extended family, the sales representative assured her that she had all the travel documents necessary to board the ship.

Under the U.S. government’s “closed loop” rules for cruises, her 3- and 11-year-old sons needed only their birth certificates. She and her husband were required to bring a valid ID and a birth certificate. Her mother, Vittoria, a naturalized citizen born in Italy who would be celebrating her 71st birthday during the voyage, needed her naturalization form and an ID, the representative told her. Passports wouldn’t be required.

But those assurances gave way to a sinking feeling as they tried to board the Carnival Imagination in Miami. When Giannasca’s mother arrived at the dock with the family on June 18, a Carnival representative examined her paperwork and shook her head. “Uh-oh,” the agent said. “This is the wrong form.”

Vittoria Giannasca should have brought a naturalization form with a raised seal, a little detail that the Carnival sales agent apparently had failed to mention. An emotional confrontation between family members and cruise line employees followed, with Carnival offering to let the passengers find the required form and board the ship in Key West, Fla., for an extra $1,500 — money they didn’t have.

They missed their cruise.

Giannasca, a restaurant server in Boynton Beach, Fla., says that her family was traumatized by the lost vacation and by Carnival’s treatment. The cruise was to be their first, and she and her husband had saved for nearly a year for the special event. But being denied boarding wasn’t the worst part. When they asked Carnival to refund the $3,275 they’d spent on the cruise, the company turned them down flat, she says.

“We sincerely regret any misunderstanding regarding acceptable forms of travel documentation,” Carnival said in a form letter. “While I wish I had better news, we can’t respond favorably to your request for compensation.”

How many passengers are left standing on the dock like the Giannascas? No one keeps industry-wide statistics on denied boardings, the way the federal government does for airlines. But I’ve been hearing recently about more cases like the Giannascas’, some of them involving cruise line employees who provided inaccurate or incomplete information about travel documentation. After the ship sails, there’s little hope of getting any money back, except for refundable taxes and port fees.

I spent nearly two months working to secure a better answer than a form letter for Giannasca. If Carnival had recorded the conversation — and an automated message does notify callers that to “ensure high-quality service,” their call might be recorded — it could easily determine whether a sales agent had misled the passenger. A review of her paperwork turned up evidence of what Giannasca sees as Carnival’s negligence: The cruise line sent Giannasca a receipt for her purchase but no cruise contract, the legal agreement between Carnival and its passengers, and no details about the required travel documents.

I contacted Carnival on Giannasca’s behalf, but it merely reiterated its position. “We strongly recommend that consumers familiarize themselves with the required documents when considering a cruise vacation,” Aly Bello, a Carnival representative, told me.

“How could we have known that we needed a form with a raised seal?” Giannasca responded.

The short answer: She probably couldn’t have.

Carnival’s Web site is vague, saying only that it requires guests to provide “proper travel documentation” and noting that it “assumes no responsibility for advising guests of immigration requirements.”

A look at the State Department’s online notice about closed-loop voyages wouldn’t have added much clarity. Even its definition of a closed-loop voyage (“U.S.-based cruises with itineraries that both originate and terminate in the United States, returning from contiguous territories or adjacent islands”) is enough to confuse the average traveler.

“In my experience, cruise lines are quite arbitrary in their enforcement of these rules,” says James Walker, a maritime lawyer based in Miami. What’s more, he says, there’s little consistency between cruise lines as to the types of certificates that are allowed: One line will accept a faxed copy of a birth certificate from a courthouse, while another one insists on a notarized document. There’s simply no way to know what will pass muster.

As always, there’s probably more going on here than meets the eye. Before 9/11, companies routinely offered passengers who were denied boarding a credit, if not an opportunity to make up the cruise. A first-timer like Giannasca would have been a good candidate for either; after all, a voucher might have enticed her to book another Carnival cruise and perhaps to become a repeat customer.

But the economics changed about a decade ago. Tighter security led to stricter travel document requirements. At about the same time, travel insurance became a significant source of revenue for the cruise industry and travel agents. (Carnival had offered Giannasca a $600 policy, which she decided not to buy and which she says wouldn’t have covered her anyway.)

Today, well-publicized stories about families being denied boarding are likely to benefit a cruise line, because they underscore the value of the company’s profitable travel insurance products. Online forums and discussion groups are filled with shouting matches between disgruntled passengers and cruise line apologists who insist that the aggrieved customers should have bought pricey travel protection policies.

It’s difficult to see how a cruise line would benefit from sailing with an empty cabin. That would deny it the revenue from optional beverages, restaurant meals and tips. But there’s certainly some incentive to deny passengers an opportunity to cruise later at a discount or at no additional charge. And public turndowns like this one, which passengers like Giannasca are sure to take to every cruise forum on the Internet, are just free advertising for optional travel insurance.

Regardless of the reason for the increase in denied-boarding cases like Giannasca’s, the solution is simple, says Janice Hough, a veteran travel agent based in Los Altos, Calif.: “Bring a passport.”

Even though you’re allowed to travel on a closed loop with a valid birth certificate and an ID, you might need to disembark in a foreign port and cut your cruise short. If that happens, you’ll need a passport to get home, says Hough.

Carnival concurs with that advice. In fact, when it comes to travel documentation, that’s one place where it’s uncharacteristically direct. “It is recommended that all guests travel with a valid passport during their cruise,” its Web site says.

Looking back, it would have cost the Giannascas $615 for new passports, just $15 more than travel insurance — and it would have been all the assurance they needed that they’d be able to board their birthday cruise.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    +1

    ROTFLMAO

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    It is not stupid at all to believe that a photocopy is sufficient.  It depends on the specific situation.  In today’s electronic world, copies, faxes, pdf’s etc. are becoming the norm and the default position.  When an original document or so called “wet signature” is required, the instructions generally take pains to point that out.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    You can’t legally have it both way.  You can’t provide advice as part of  a transaction and then disclaim and responsibility for providing that advice.  If Carnival wants to to that, then they have to train their sales agents not to advise the customers regarding travel documents.  Otherwise they have effectively waived that clause.

    Also, that disclaimer has to be presented to the customer through the same distribution channels as the original purchase.  If you purchase something through a non-internet means, e.g. in person or over the phone,  the website is not part of the terms and conditions unless you are explicitly directed towards the website.

  • 46Shasta19

    The more I think about this family the more unhappy I become.  Clearly they wee not frequent travelers and I believe she did do what was needed and asked the right questions from the cruise line no less and was given bad information  They are so responsible for this loss it makes me mad that they are able to deny her a refund or a replacement cruise.

  • kathymcn

     After looking at both the customs and border patrol website and the Carnival site, I think you should pursue it a little more for this family.  Both sites say that a certificate of naturalization is needed, and assuming they had that form, neither site says anything about a raised seal.  Maybe you can point this out to Carnival?  If a COPY of my birth certificate is good enough to get me on board, why not an original Cert of Nat, raised seal or not?

  • y_p_w

    What’s an “original”? Some people think that their unofficial “hospital birth certificate” is sufficient.

    What they require is a government issued certified copy of a birth certificate.

  • y_p_w

    Including the acceptance fee, a passport card is only $55 for an adult and $40 for a child.

  • y_p_w

    I would advise almost any US citizen to at least get a passport card. They cost less than a full passport and are sufficient for surface travel anywhere in the Western Hemisphere. I like it because it’s proof of citizenship that can fit in a wallet.

  • y_p_w

    There’s only one form of a naturalization certificate, although the graphics have changed over time.  I’ve seen a few, and previously they glued a photo to the certificate and then emboss the “raised seal” with the photo and paper together. These days the photo (from a scan) is directly printed to the paper and then the embossed seal is applied elsewhere.

    There is no other form that proves naturalization.  The usual recommendation for proof of citizenship is to get a passport and/or a passport card.

    As least at that point if the papers aren’t in order, there’s time to produce the right document.  Personnel at a passport acceptance facility will look over and usually know whether or not the documents are sufficient.  However, the State Dept is the final arbiter.

  • technomage1

    I missed in your orginal post that you used a birth certificate. The OPs problem was with a naturalizatio certificate. Your case illustrates the difference between a birth certificate and a passport or naturalization certificate. CBP accepts copies of birth certificates but not copies of passports or naturalization papers to begin travel. Carnivals website reflects this policy.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    “…the wisest long-term to solution for travel, voting ID, etc.” 

    If you are an American citizen, living in the US, and not traveling internationally, or potentially internationally (e.g. a cruise) there is no scenario in which a passport is required.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    But doesn’t that bring up the same problem.  Someone is going to say,  “  I have a passport card” and inevitably they will true to use it somewhere where its not valid.  You still have to know the metes and bounds of its use.

  • bodega3

    This has become more of a problem now that people are booking their own travel and not using a professional who can assist them with these important bits of information.  In the decades that I have been selling travel, the one thing I was taught in the beginning is that it is my responsibility to make sure my clients know or have access to proper places to get the information they need to make their trip BEFORE they pay for it.

    I agree that you would think that the reps would provide that, but their employers have always put that on the traveler as this can be a complicated situation that only governmental offices can provide the correct information for and they don’t want to touch it. 

  • bodega3

    Photocopies for immigration purposes with travel are not accepted that I am aware of. 

  • bodega3

    That information can be found on most airlines website that have international flights..  The program is called TIMATIC and for Canada, all your passport has to be is valid for the length of your travel.  BTW, for a closed loop cruise, which yours was, a passport isn’t needed, but it is highly advised to have one just in case something happens and you have to fly home from an international port.

  • bodega3

    We advise against the card and to get a passport.  The passport card causes too much confusion with travelers and should be discontinued.

  • sirwired

     The Passport card is nearly useless.  It doesn’t cost that much less than a regular passport, is not that much less hassle, and cannot be used for air travel.

  • Pingback: The Best Travel Insurance Money Can Buy – A Passport - Marshall Jackson on Travel

  • scot2512

    If I read this correctly it was the mother who was a naturalized citizen who was the problem?    As a naturalized citizen my  certificate  says “”It is punishable by U.S. Law to copy, print or photograph this certificate, without lawful authority.” so I’m not sure why they would take a copy instead of the original.  Or a search of Carnival’s website would show the following:

    Baptismal and Hospital Certificates, copies of U.S. Passports and Naturalization papers, are not WHTI compliant documents, therefore, are NOT acceptable.

    It also mentions “Carnival assumes no responsibility for advising guests of Immigration requirements”
      

  • scot2512

    As I mentioned in a earlier post the cruise line was specific in documentation if the passenger had read the travel requirements. 

  • Tupac4Eva

    Surely this is not the first case someone did not have that form with a raised seal, and Carnival should have made that clear, or even if it was the first case, they’ve trained their agents to look for it at boarding, so they can train their representatives to tell customers they need it when the call in as well.  100% Carnival fault.

    Regardless I’m tried of hearing all these stories, just bring a damn passport with you.

  • y_p_w

    The meaning of “lawful authority” is the key.  Copying your own is perfectly legal.  Attorneys keep copies of their clients’ certificates all the time.  USCIS advises people who received their naturalization certificates to make a photocopy immediately if the original is ever lost or stolen.  The point is that one is not supposed to copy for an illegal purpose.

  • y_p_w

    I got it when it first came out.  Only $20 at the time since I already had a passport.  I would probably advise people get both.

    I’ve found it to be very convenient.  I was worried that my California driver license might not be Real ID compliant if they didn’t get a waiver to the requirements.  I’ve used it many times as ID at TSA checkpoints on domestic flights.  I’ve also used mine for I-9 employment verification.

    The alternative is lugging around a passport.  I do have a neck pouch, but I consider hauling this thing around inconvenient.  Someone on vacation wearing a Hawaiian shirt and shorts probably isn’t going to want to haul around a full passport book.

    I also don’t understand why anyone would want to  use a birth certificate.  There have been issues when birth certificates have been lost or stolen.  They are considered “foundational documents” that could be fraudulently be used to establish a new identity.  It was also easier to get one for my kid compared to getting a non-driver license ID from the DMV.

  • TonyA_says

    That’s pretty disingenuous of Carnival. If they are the ones inspecting documents before boarding, then they can easily tell customers what they look for when they vet those documents.

  • http://www.facebook.com/bettyjo.colbert BettyJo Colbert

    IF they had used a reputable travel agent the agent would have taken the time to go over every detail with them and stressed the importance and the kind of paperwork they needed for the particular destination.  Travel agents are important.  Cruiseline agents are just booking agents, some have never even cruised.  So always, always use a good experienced agent to book your travel.  Then you can talk to them anytime and ask specific questions and get answers and complete guidance even to printing out your cruise documents, not to mention extra amenities aboard the cruise.

  • LeeAnneClark

    While I share your horror over what happened to this family, the sad truth is that even if they did try to sue Carnival, they likely would not succeed because of the wording that Carnival has in their contract, and on their website, about not being responsible for customer’s documentation.  That’s a pretty hard and firm protection.

    I personally think this is one clear situation in which the cruise line should go beyond their “rules” and either refund them, or give them another cruise.

  • bodega3

    This says it well Chris:
    Looking back, it would have cost the Giannascas $615 for new passports, just $15 more than travel insurance — and it would have been all the assurance they needed that they’d be able to board their birthday cruise

    Sadly, these days people want to travel on the cheap and it often does bite them in the butt.  I can guarantee that being prepared is well worth the expense for those what ifs!  If they had been able to board the cruise and Grandma fell while in port, she would need a passport to get home.  There things happend all the time and people don’t think about it, just how they can get that vacation for a low price.

  • bodega3

    You bring up an important point.  Many airline reservationists, cruise reservationists, tour company reservationists are no longer well trained nor office bound and supervised.  Gone are the days of knowledgeable reservationists and good training.  The stories abound in our industry of the misinformation that is given.  Did you know that: Cabo is in the Caribbean or as a US citizen, you need a passport to travel from MIA to HNL. Actual comments made by a cruise reservationist and an airline reservationist.  Scary!

  • y_p_w

    They’re not mailed out.  They’re presented to each US citizen after the naturalization ceremony.

    However, a pretty good way of knowing that said documents are sufficient would be to actually get a passport or passport card.  I would also leave the other stuff behind.  Losing a birth certificate or naturalization certificate is a real headache.  A lost or stolen birth certificate is a pretty good document for identity fraud.  A passport (especially the newer ones that are harder to fake) is harder.

    Once someone has received a passport, there should almost never be a need for a naturalization certificate.

  • TonyA_says

    You are right about the handing out but you can get a replacement or certified copy of N-550 mailed to you.

    If a naturalized citizen wants to renew a license with Real ID seal here in CT, they need 2 IDs. One is the Naturalization Certificate. US Passport not enough. So it is not true you can simply file it and forget it.

    The main point is no one will suspect they have a bad or wrong certificate because the goverment gave it to them. I do not think travel agents are competent enough to check them either.

  • http://www.facebook.com/CarverFarrow Carver Clark Farrow

     Unless they bought the tickets online, the website is not relevant.

  • http://www.facebook.com/CarverFarrow Carver Clark Farrow

    If she asserts waiver, she might have a shot.  The website is not relevant.

  • http://www.facebook.com/CarverFarrow Carver Clark Farrow

     I’m speaking generally to the comment.  There are of course specific circumstances where only an original or government certificate copies will do, but that’s true in all legal situations.

  • http://www.facebook.com/CarverFarrow Carver Clark Farrow

     Why do you say that these people are traveling on the cheap?  Some people have limited budgets and I would not want to begrudge working class people the privilege of travel.  I would remind you that this lady is a restaurant server who saved for a year for this. Adding another $615 increases the cost of the trip by almost 20%.

    What’s being cheap to one person may very well be the only realistic option for another.

  • LeeAnneClark

    Good point! I hope they do. This one bothers me. It’s just such a huge loss over such a trivial, probably completely unimportant detail, and I feel that Carnival is being flat-out inhuman here.

  • IGoEverywhere

    Every single international tour that is sold in this country has the following general statement. “Proper Documentation is the responsibility of the passenge”! You have advocated for travel agents in the past for good clean information. This would have been a no brainer for a 2nd day agent. This error would have been the agent’s problem then. When you are talking to Carnival person, they can tell you what they think they know. Find them again.

  • jikinn

    Why do the cruise line employees offer this kind of information at all? Why don’t they just say they can’t give accurate information because everyone’s situation is different and that the passengers need to bring passports and also find out what else is needed for their particular situation (visas or whatever the required paperwork might be)? I understand that it’s not easy to get this information, but at least people wouldn’t be relying on wrong information given to them by the cruise line.

  • y_p_w

    I looked it up, and a passport or passport card along with a secondary document (SSN card or previous driver license) is enough.  I can get a document from at least 4 of the secondary category.

    http://www.ct.gov/dmv/lib/dmv/selectct/selectid_accpt_docs3.pdf

    I
    do know of one instance where only a certificate of naturalization is
    acceptable.  That would be proof of citizenship for a adjudicating the
    status of a spouse married to a naturalized US citizen.  USCIS will
    require the original certificate be presented. I know people who have
    gone through this process.

  • bodega3

    That is why I suggested going to the nearest passport office, which is usually the post office in your town, and showing the certificate to them.  I have suggested this many times to clients.  I would tell my niece the same thing who is a naturalized US citizen.   

  • pauletteb

    This case would in no way entice me to purchase insurance from a cruise line. I’m sure Carnival would have found some loophole in its policy that would have allowed it to deny a claim for the same reason it denied boarding.

  • AgentSteve

    As always, we don’t know what the conversation was, between the client and the vendor. However, while we want to assume that the vendor should have been more detailed, in reality, it’s impractical, as every client is a unique booking. In this case, the family was denied boarding by “a Carnival rep” (who could have been a contract employee of the embarkation point, rather than an actual Carnival employee). I find it interesting that there is no discussion about the denial being elevated to a ship’s authority, but rather, the sanctimony of “a Carnival rep”; that troubles me.

    Unfortunately, this is another example, whereby it is critically important, for first-time cruisers to get the professional expertise of a travel agent. Even seasoned travelers can benefit, from a travel agent. At least having employed a travel agent, the client has a greater opportunity for recourse, should the agent have failed their due diligence.

    When talking about cruises, in today’s internet world, most people are convinced that on-line, or direct to the cruise line, is always the best value. Needless to say, I think everyone here would agree that personal one-on-one service, is the way to go.

    Booking clients on cruises is quite a challenge; you’ve got to do your research, both about the client and the vendor!

    In summary, while most of us feel sorry for the family, we also know that there is little to nothing, that Chris can do or accomplish. I ALWAYS encourage my clients to sail with a passport, regardless of the voyage. In January, I’ll be taking a group round-trip from San Juan, Puerto Rico; a U.S. Commonwealth. I advise and encourage them, in writing, to travel with a (current) passport. It’s the most efficient way to document who you are.