Complaints

• Initial Complaint

  04/01/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  Signed up for a dive trip in June paid deposits and additional payments. The organizer of the trip changed, the trip itinerary changed and some things mandated that were not in the original itinerary. The boat for the diving portion of the trip has not been finalized, as to if its a stationary boat or moving boat. We decided to cancel on Feb 11,2022 by email, the contract we have says refunds not given after 60 days before trip which is 6/11/2022. The email was received and they responded but no final determination has been made. We have requested a refund which has not happened

  Business response

  05/19/2022

  Business Response /* (1000, 5, 2022/04/07) */ Contact Name and Title: Richard ****** Contact Phone: XXX-XXX-XXXX Contact Email: ****@internationalscuba.com The trip to CUBA is by the very definition a complicated trip. Unfortunately, The consumer signed up and made his girlfriend the agent in charge of all details. We had a trip meeting to clarify many details with the agency running the trip. It was made very clear that Cuba has many moving parts and that trip insurance was mandatory for this type of trip. The agent even made 2 dramatic gestures saying the boat has sailed on any refunds. He chose not to attend and sent girlfriend. We called him on 2 occasions and emailed. He directed his girlfriend return those attempts in his place. He claims we have changed itineraries and that is false. There was an option that was put to the divers the night of orientation and was rejected on a possible larger roomier boat. Same itinerary only the option of staying on the mother boat rather than the smaller vessel. The only complaint I have heard from them is second hand is the hotel rooms expense. As American citizens we can only stay at State Department Approved locations. The only hotel choice is pricey but secure. There are other options for an Air BnB. That is their option but is not something the agency nor I are able to handle. It is often very fluid on which place is legal. We also explained that option at the orientation and all guests agreed they preferred a hotel. I'm not sure the consumer even understands the many options involved as he has never participated or responded in the trip orientation. Even Airfare is not available to Cuba until 4 months prior to travel so you can see this is a very unusual, complicated and exotic destination one that requires flexibility and most definitely trip insurance as was stated over and over. The consumer has stated here and in multiple social media venues that we refused his refund and that he was intitled to one. Let me say firstly even though we were out of town running a large event we asked for time to try and find another guest to take their place on the trip even though that is not our responsibility. Within days we received an email stating he insisted on an immediate refund or he would disparage us on every social media venue available. He also stated he was prepared to sue us. At that point we forwarded all correspondence to our attorney. We take threats of extortion and legal proceedings very seriously. I can only work with someone that is willing to work with me. But that goes out the window with threats. I have attached the receipt given for the deposit of the trip. It clearly states at the very bottom in large print TRIP DEPOSITS ARE NON-REFUNDABLE. This makes it very clear as we did over and over that trip insurance would be needed. The amusing part is that if they purchased trip insurance today, they could use that to refund the entire trip for a very small amount. I can't sign them up for it they must do this themselves. However, they still insist even after turning down our offer to work with them to try and find replacement divers and show they were informed of the no refund policy in writing on each installment of their deposits that we owe them a refund. Our attorney has assured us I am the injured party as we are left paying for the 3 abandoned spots on the trip if not filled. It's also been established that consumer made his girlfriend his acting agent by having her represent his interests in all interactions with the shop. I would implore consumer to reach out and see what the details actually are and allow us to give him some very valuable travel advice. He is welcome to revisit the trip if he chooses. I would also hope that he has already purchased the trip insurance which is very reasonably priced as an insurance against his not getting the response he expects thru social media and BBB. Thank you for allowing me a chance to share details of the complaint. We are all very disappointed that a misunderstanding has caused so much ugliness. Sincerely, Richard ****** Consumer Response /* (3000, 7, 2022/04/11) */ (The consumer indicated he/she DID NOT accept the response from the business.) The issues we have on this trip are multiple, however not needed to be delineated at all with our refund request. Secondly I have no assigned agent on this trip, nor is that an important part of our dissatisfaction. We acknowledge the trip deposit of $500 per person is likely lost if replacement passengers ****** be found by the business. However it is simply a breach of contract issue. The contract clearly states (and I quote) "Since SCUBA FRISCO and it's cooperative destination incur unrecoverable charges preparing for these groups, monies cannot be returned if cancellations occur less than 60 days before departure." We first notified this business on 2/11/2022 and obtained the business response 2/14/2022. Their response was acknowledgement of a notification 117 days before the trip. We gave that notice specifically to allow the business to find replacement passengers *** their trip. Even today as I write this response we are 61 days from this trip. On notification to the business their response was (and I quote) "there are no refunds within six months of the trip date". When the business was confronted with our signed and executed contract stating 60 days as a signed agreement of all three individuals they refused to acknowledge they were in breech of their contract. The contract has been sent to the BBB and therefore is in record. We have been on multiple "exotic" trips. We have three individuals on this trip. We all share the same contracts - we have been more than generous in our notification to this business on our plan to cancel our participation on this trip. To be repetitive even my response today is in 60 days of this trip. I have filled out two reviews personally on this business specifically related to my experience. My other travel participants can choose to exercise the same right...these do not constitute any retribution or threats. They are simply reviews. We will pursue the matter legally as we are absolutely in accordance with the contract we have. Let me be clear. Our contract specifically gives us a deadline of 60 days to cancel. Our cancellation request is well outside our needed contractural agreement. This business is in breach of contract. This is a simple matter. The business can retain our deposits if they would like at $500 per person. Most businesses return that deposit if they are able to find replacement travelers - however this business is attempting to add 4 months to the contract - we refuse to accept that. Additionally they stated that our refund was dependent on finding replacement travelers - also in breach of contract. The basic reason you have a contract is specifically to allow each party an understanding of their responsibilities and expectations. We have fulfilled ours. We are waiting for the business to fulfill theirs.

*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. ↩