Complaints

• Initial Complaint

  10/17/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  This business canceled our $50,000 vacation while underway citing reason due to passenger testing positive for COVID; but we can prove it was actually due to a crew member quitting due to his fear of contracting COVID and the business could not find a replacement. Attached documents are the details of our complaint against the business and supporting documentation. We attempted to solve the dispute through arbitration. The business would not agree to terms of arbitration as stated in the contract. We are asking for a refund because the business failed to provide services contracted, had no protocol for handling such an event, and blamed the passengers for the cancellation, although it was a personnel problem on their part. They ordered us off the boat and offered no compensation whatsoever.Our attempts to negotiate were futile. Per the attached letters from the ******************************** ("***"), the business had not previously submitted its consumer arbitration clause for review and registry with the *** although they used it in our contract. The *** also noted the provision in the contract to resolve the dispute in ****** Alaska violates Principle 7: "reasonably convenient location." The business refused to waive that provision.*Unable to upload all attachments due to size limitation.*

  Customer response

  11/16/2023

  We attempted to resolve this matter in arbitration using the ******************************** as per the contract, however the business refused to comply with the ***s requirements that the arbitration location ****** be waived, and the arbitration clause used by the business was incorrect in that it was asking for the business rules of arbitration rather than the consumer rules.  We are not a business, we are a consumer, and the *** agreed with us, however the business refused to agree to those rules.  The *** advised the business they may not accept future requests for arbitration based on this as the business  never got the arbitration clause in the contract reviewed for approval by the *** in the first place.  Thus our complaint to the BBB that the business used a clause that didnt comply with the *** rules in the contract and committed fraud.

  Business response

  01/18/2024

  Please see the attached response to the consumer complaint pending before the State of Alaska.

  Customer response

  01/26/2024

  We never received any response from the business.  We have to sue ***********

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩