Taking the cruise line to court should be your last resort

Question: Upon boarding Holland America's Maasdam in May, we discovered that our stateroom toilet was broken and filled with waste. We complained immediately and were told the problem would be repaired after lunch. The toilet wasn't fixed until the fourth day of our seven-day cruise. For half the trip, we were forced to use public washrooms. Upon asking for another stateroom, we were told the ship was full. The cruise line gave us $300 in future shipboard credits as a gesture of goodwill. But this was hardly adequate compensation. We sued Holland America in Small Claims Court, but the judge dismissed it, saying we had to file in Washington state, where the company is based. As senior citizens, that would have been a hardship for us. Do we have any recourse?

Marcia and Irving Rabowsky

Oxnard



Answer: A $300 voucher for three days without a working toilet may not be the best possible outcome. But litigation should have been the Rabowskys' last resort, not their first.

The couple could have gone back to Holland America asking for a better deal — and probably could have gotten one. Instead, they sued — and walked away almost emptyhanded.

When a cruise line offers unacceptable "make-goods" for trips gone wrong, victims don't realize they can ask for more.

"Cruise lines almost always low-ball [their first offer]," says Robert Jarvis, professor of maritime law at Nova Southeastern University in Fort Lauderdale, Fla. "They expect customers to reject it and renegotiate."

Except for the most egregious acts, suing a cruise line rarely pays. That's because the contracts make it hard for passengers to have their day in court. One common roadblock — the forum selection clause — is included in every cruise contract. It gives cruise lines the right to choose where a customer can file suit, usually the state or country where it has its headquarters.

Some states, California included, have statutes permitting cruisers to sue in Small Claims Court. But cruise contracts are governed by federal maritime law, which trumps state and local laws. In almost every instance, local courts have sided with the cruise lines on where a suit can be filed.

The national Centers for Disease Control and Prevention acknowledges that clogged cruise toilets are a persistent problem and that timely repair is critical. "It has to be addressed immediately," says Dave Forney, chief of the CDC's vessel inspections. "It should not take four days. Then it becomes a health problem."

But the cost of pursuing their battle in Washington state would have offset anything the Rabowskys collected, Jarvis says.

Like the airlines, most cruise lines have budgets to appease unhappy customers.

"Always give the cruise line another chance to respond," advises Holland America spokesman Erik Elvejord. "Often, the person responding to a letter is not empowered to take the appropriate action."

We gave Holland America another chance to make good on the Rabowskys' $2,177.12 tab. It came back with a slightly better offer — $900 in future cruise credits, nearly half the price the couple originally paid. To arrive at that number, Elvejord said, "We divided the total fare by seven days and multiplied by three [the number of days of inconvenience]."

To protect yourself:

•  Read the contract before booking. Cruise lines typically send the fine print and tickets after they receive your last payment. That's usually six to eight weeks before departure — too late to get a refund if you disagree with the terms. Request a sample copy and check it thoroughly.

•  Note the "forum selection clause." It will identify the state or country where you're allowed to file suit. Is it convenient and cost-effective to travel to Greece, for example, if something goes wrong? If not, choose a cruise line with a closer venue.

•  No signature required? Many cruisers think they're not bound to these contracts if they didn't sign them. Not true. As with all "contracts of adhesion," you agree to the terms the minute you step on the ship. Even if your travel agent didn't give you the contract, you're still bound by the terms. You can find these on the lines' websites. For a list of cruise lines, go to http://www.latimes.com/cruiselines .

•  Don't accept the first offer of compensation. Like airlines, cruise companies will up the ante for a persistent passenger.

•  Bring in the big guns. Think you have a legitimate case but the cruise line won't budge? Put the line on notice with a letter from your lawyer. This can cost as much as $500. A good yardstick for making these decisions: The damages you seek should be "at least five times the cost of attorney fees," Jarvis says.

•  Check the ship's sanitation record before booking. The CDC conducts monthly inspections of cruise ships using U.S. ports. Results of these inspections can be viewed at www2a.cdc.gov/nceh/vspirs/vsprptgreensheet.asp.

A score of less than 85 points (on a scale of 100) is considered unacceptable by CDC standards. (Most have 86 and above.) The agency doesn't examine individual staterooms or report clogged toilets, but the sanitation score can be an indicator of how well the vessel as a whole is maintained. If you run into a health problem onboard, alert CDC inspectors by filing a complaint (by phone [800] 323-2132 or online at www2.cdc.gov/nceh/contactnceh/frmSubmit.asp).

•  Don't bank on travel insurance. A trip interruption policy wouldn't have covered the Rabowskys if they had gotten off at the next port. "The cruise still sailed," says Vikki Corliss, spokeswoman for http://www.insuremytrip.com . "And unpleasantries are not covered because opinions vary on what's 'up to par.' "

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Laurie Berger welcomes your questions but cannot respond to all of them. Send e-mail to travel@latimes.com or write to Travel Q&A, Los Angeles Times, 202 W. 1st St., Los Angeles, CA 90012. Please include your name, city and phone number.