Nekton (Bad News)

[Ed Jackson1]

Thou shalt not steal....

 

[DaveScuba]

Dave, you're assuming that the company that people paid their money to go on their trips is the same company that owns the boats. You're assuming that even if you could get a lien against one of the boats, there would be anything left after the secured creditors get their money. One advantage of having many different companies owning different "assets" is that they are protected from liens from the other companies unless you pierce the corporate veil and I can't imagine it would be cheap to have an attorney try and do that especially since most people's damages would probably be $2000.00 or less. Who is going to pay an attorney $5000.00 to get back $2000.00 assuming you could. The only hope I see would be the credit card companies to go after that money but since most people I am guessing took advantage of the small "cash" discount, they don't have their credit card company to fall back on for anything other than the deposit on the trip.

Just my personal and non legal guesses here. I'm not an attorney nor have I played one on TV but I think I'm right on this situation and sadly so.

Pam,

I hadn't thought about the boat being a different company, but that would be an obstacle. Like I said, it was just a thought. I haven't played a lawyer on TV either, but I did OK in Business Law in college

 

[skydiver30960]

Anyone watching this thread scheduled for the May 29, 2010 sailing?

The wife and I (and about 10 others from our shop) WERE scheduled for the May 8 trip, NOW scheduled for the June 5 trip. I'm fully read up on the threads on this company now, my noob status makes it clear that I wasn't fully appraised on the situation when we booked in November. I know, I know, caveat emptor and all that.

Anyhow, if anyone hears the May 29 week has been scrubbed, please PM or post here. I am (at the moment casually) glancing around at alternate plans for our non-refundable airfare. If I hear the May 29 trip is done for, my planning will slip into a higher gear.

Thanks to all!

 

[mike_s]

wow...

the fact that they have the room (open slots) to move 12 people from this month to next month (under 30 days0 just shows how weak their booking must currently be.

especially considering they already had one boat out of commission.

 

[Shasta_man]

Difficult to conclude it's anything but the shell game until they're ready to cash out with your money.

The effect of rescheduling on non-refundable airfare is awful, particularly if you pay to reschedule to get screwed again. All avoidable costs.

 

[DaveScuba]

wow...

the fact that they have the room (open slots) to move 12 people from this month to next month (under 30 days0 just shows how weak their booking must currently be.

especially considering they already had one boat out of commission.

I was on one of the cancelled trips and was able to reschedule for July 4th weekend. They couldn't even fill up a boat on a holiday weekend.

 

[kpickerell]

Six of us were on the same trip as WSBen that was cancelled last August. They didn't let me know that the boat was broken until AFTER I'd flown to Florida and couldn't easily get home. Our compensated trip was to be May 15. They cancelled that one too. Now we're out airline tickets for 2 cancelled trips. When I tried to file an insurance claim last year, the owner of the boat lied and claimed that it was weather related when everyone knew that the boat was broken. Needless to say, the insurance wouldn't pay. I was told that there was no chance of refund. Can anyone say "fraud"? I agree with what everyone says about the legalities... not that easy to collect a judgment, boats could be under a different holding company, etc. Since our initial trip was paid over a year ago, we have no recourse with our credit card companies. What about filing a claim with the BBB, Attorney General's Office, or a class action suit? Or how about some of us show up at DEMA, stand by their booth (assuming they're still in business), wearing signs or shirts saying "Nekton takes our money and cancels trips"? Any other ideas?

 

[Belmont]

Like I said,

I've seen this too many times. Re-scheduling trips to a later date witch is very close means they have no real bookings on hand and no intentions of honoring them.

Someone should see if they are open to take reservations and deposits for, say next October.

If so it would show they are really in bad faith.

 

[diversteve]

Or how about some of us show up at DEMA, stand by their booth (assuming they're still in business), wearing signs or shirts saying "Nekton takes our money and cancels trips"?

Have fun in Vegas. Nekton won't be there. DEMA 2010 Exhibitor List - N

 

[Mossman]

DEMA would only help them market to dive shops, most of which have heard the talk and hopefully know better by now. On the other hand, individual dive consumers are still fair game. Booth #702 at the Long Beach Scuba Show this weekend:

SCUBA Show Exhibitor List