SA Involuntary Disembarkation from Cruise Ship - Australian Consumer Law Rights?

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TLM1967

Member
19 March 2017
3
0
1
My partner was involuntarily disembarked from a cruise ship that we had been on for less than 24 hours. We were told that a crew member had complained about his conduct. We were told by the head of security that it was a minor matter and that he could see that there was no intent, but that it would result in my partner being disembarked. They refused to show us the footage or a statement made by the person that complained.

During the entire interview the head of security reassured us that in his opinion this was a minor incident and that his hands were tied, he had no option other than to ask my partner to disembark.

We asked numerous times to see the footage, but every request was refused. We asked if there could be a mediation, this was also refused.

The head of security told us that the local police had been called and that they were on-board as the incident was considered a crime.

My partner said that he would like to speak to the police. At this point in time the head of security said that it was within his power to make the police go away that would be best because then it would not be recorded against my partner. The head of security then left the office and returned a short time later stating that he had spoken to the police and that they had left the ship.

We were given the number of a customer service manager to speak to and advised that it would be up to her whether or not we could view the footage. We have rang this person upwards of 10 times and left messages for her to call us back. We have not received a return phone call.

My partner feels as though he has been victimised and the fact that they have refused to show us any evidence whatsoever of this alleged misconduct has impacted on his self esteem, mental and physical health.

At the very least we want some answers as to what has transpired and why we have essentially been forced to give up our $7,500 holiday plus then spend another $2000 to get home. There was no concern shown for our welfare at all.

In the criminal law environment, you are presumed innocent until proven guilty beyond a reasonable doubt.

It seems to me that all there is here is doubt.

I also believe that the standard of proof is very high and if the evidence fails to meet this standard to proof, you must be found not guilty.

Can someone please provide us some help or guidance on how we might go about getting some justice for ourselves? At the very least I would like to get our money back under Australian Consumer Law .

Thanks
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,

You must have been told what the alleged "crime" was that your husband supposedly committed. If he didn't do it you should fight it. If he did do it, arguing over seeing the video footage to try to disprove it is pointless.

The head of security may have been speaking for themselves but the commanding officer of the vessel has the security of the vessel and all people on board to think of, so its ultimately his or her call.

The following blog post gives some guidance around your Australian Consumer Law guarantees: Consumer Protection: What To Do If Your Australian Consumer Law Guarantees Are Breached - Legal Blog - LawAnswers.com.au

It really does all depend on the alleged offence. When you are on a vessel at sea an offence will be dealt with differently than if it is ashore.
 

TLM1967

Member
19 March 2017
3
0
1
Hi,

You must have been told what the alleged "crime" was that your husband supposedly committed. If he didn't do it you should fight it. If he did do it, arguing over seeing the video footage to try to disprove it is pointless.

The head of security may have been speaking for themselves but the commanding officer of the vessel has the security of the vessel and all people on board to think of, so its ultimately his or her call.

The following blog post gives some guidance around your Australian Consumer Law guarantees: Consumer Protection: What To Do If Your Australian Consumer Law Guarantees Are Breached - Legal Blog - LawAnswers.com.au

It really does all depend on the alleged offence. When you are on a vessel at sea an offence will be dealt with differently than if it is ashore.
 

TLM1967

Member
19 March 2017
3
0
1
Update:
After many phone calls back n forth between us and the cruise line we have been offered a full refund, which according to the company, is not something that usually happens.

The ship was unable to provide any footage of the alleged incident to the customer relations manager in Sydney and no other evidence that my partner did anything that breached any rules or code of conduct.

We still didn't get have our holiday and our time off work was less than relaxing, but at least now I should be ab le to claim our out of pocket expenses through our travel insurance.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
That's a great outcome. I bet you are glad its behind you.