How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

We are currently at deadlock with Royal Caribbean after our

Customer Question

We are currently at deadlock with Royal Caribbean after our holiday in August was spoilt by a noise issue with our cabin. The noise happened every 4-5 minutes , worse in the early hours and sounding like somebody throwing a strike in a bowling alley. Whilst on board we contacted our agent who on our behalf contact RCI and advised us to request a move. this move never happened after several attempts at complaining. The maintenance man informed us they knew that this was a design fault on the ship and that there was nothing they could do. Whilst on board we were offered , wine, a box of antihystamines (as apparently they help you sleep!!) and finally 10% of a future RCI cruise. All of which was turned down. Since we have returned we have had further offers of 15% off our next cruise, this was turned down then most recent £610 on board credit to be taken in the next year. We last spoke to them on the phone in disgust stating we would not be cruising with them again so they were offering us nothing. the best to date was an offer of £400. The holiday cost us in excess of £8500. Our sleep was constantly disturbed. we hated to be in the cabin and came home more exhausted than we left. We were travelling with our 9yr old daughter and what should have been an amazing family holiday turned out to be a holiday of distress. The post cruise experience with RCI has added to this as they appear to oblivious to our distress. Can you please advise our best course of action to get compensation. Thank you Alison Ingram
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What compensation are you looking for here, what would you be happy to accept?
Customer: replied 1 year ago.
Morning i am not sure Ben. I would say 50% of what we have paid as so much of out holiday was effected by this problem and the amount of distress it has caused upon our return, would you think this is reasonable?
Expert:  Ben Jones replied 1 year ago.
Hello Alison, estimating the compensation you may be able to claim in such circumstances is not an easy task and there is no exact science to it. What you personally feel was a disastrous holiday may not necessarily be seen as such from a more neutral point of view. Of course no one is saying that you did not endure an unpleasant time, but personal emotions can always get in the way of our judgement especially when it concerns a special event, where a lot of expense has been paid. So in reality only a court can really decide what is a reasonable level of compensation, although you may certainly start at half of the holiday value and end up with perhaps a quarter – it’s just an example, as long as you know that this is how it may end up. In terms of taking things further, you should always try and resolve the issues directly with the company first. I know you have already done this but try and use up their full internal complaints procedure, such as going as high as the CEO if needed. If you have no luck with them, you can consider going to ABTA as Royal Caribbean are one of their members. Before you can do this you need to have gone through the company directly as above, so check this link to ensure you have followed the necessary steps. You can also make you complaint t ABTA from there: http://abta.com/go-travel/travel-clinic/complaints/complaints-just-got-back Finally, if you still have no luck, you can consider court action. This will be in the small claims court due to the amount you are pursuing so it would be a relatively risk-free option. This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow if you decide to take this to court, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Ben. We have been waiting for Royal Caribbean to call us back after requesting the supervisor call us back but this has not happened. I will try emailing the CEO as stated.
My travel agent informed me that whilst i could complain VIA ABTA they they could not legally enforce any settlements so therefore best to go down the lines of small claims court.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your rating. So whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. Hope this helps.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice