When a liveaboard trip is cancelled the day you arrive....

[Erica Watson]

Yes Since this is the show that I won it at last year I was planning on stopping by their booth and asking what is up. First and foremost- I have yet to have ANYONE reply to emails or phone calls, let alone my voucher be extended as promised.

Just a thought, and before you act on this it could very well not be good advice, but here goes nothin'.

Erica, I see you are from Chicago. There is a show coming up 17-18 Feb at the Chicago Marriott O'Hare for which the Aggressor Fleet is a sponsor. It might be worth it to go to the show and to talk to the Aggressor Fleet rep face-to-face. You just might meet the person who can make this all right. On the other hand, there is also the potential for it to "go south" and you might inadvertently undo some of the groundwork that somebody has already done for your case behind the scenes.

Your call, but at least now you are aware of the show and that Aggressor is a sponsor.

 

[Erica Watson]

Nothing to date from them- not a peep. No reply so i have not even had a chance to ask them about it. I did ask if I could use the voucher towards another trip and I didn't even get a No.

No further response from Aggressor, Erica? If I recall, you were going to ask them for a voucher for a trip of your choosing and/or for the cost of the flights. Sounds like you haven't asked them for the flight compensation (yet).

As for suing them, while that sounds like justice if they continue to ignore your requests for compensation, I don't see how that would be worth it. We're talking, what, two or three thousand dollars as you see it? You'd almost certainly have to hire a lawyer unless you plan to do it yourself, in which case you're going to spend a hundred hours on it, all to recover a couple of thousand dollars. What's your time worth?

 

[outofofficebrb]

Yes Since this is the show that I won it at last year I was planning on stopping by their booth and asking what is up. First and foremost- I have yet to have ANYONE reply to emails or phone calls, let alone my voucher be extended as promised.

I think we've already reached worst case scenario - no one responding. I like the suggestion and think you should show up in person. It is really hard to dismiss you and ignore you in person..If they suggest you call or e-mail, you can say that you've done that and you are being ignored. I think an emotional play is important here. Rather than presenting yourself as annoyed and angry (I'm not sure how you're feeling now), show disappointment because this huuuuuge name in liveaboard diving has really changed what your perception of who and what the brand represents and that it has really hurt their image and brand, especially because this was your first experience with them.

 

[Scared Silly]

As for suing them, while that sounds like justice if they continue to ignore your requests for compensation, I don't see how that would be worth it. We're talking, what, two or three thousand dollars as you see it? You'd almost certainly have to hire a lawyer unless you plan to do it yourself, in which case you're going to spend a hundred hours on it, all to recover a couple of thousand dollars. What's your time worth?

Actually in most states one can sue in small claims court if the amount is under $5k or up to $10k in some states. No lawyers are required, though they can be present to represent. The bigger hassle is suing in the state where the Aggressor legally operates.

 

[Lorenzoid]

Actually in most states one can sue in small claims court if the amount is under $5k or up to $10k in some states. No lawyers are required, though they can be present to represent. The bigger hassle is suing in the state where the Aggressor legally operates.

Unless the OP wants to spend dozens to hundreds of hours learning the law and writing and filing papers the OP will need to hire a lawyer, which will cost thousands. Just not worth it.

 

[Scared Silly]

Unless the OP wants to spend dozens to hundreds of hours learning the law and writing and filing papers the OP will need to hire a lawyer, which will cost thousands. Just not worth it.

Perhaps for you, but you have zero idea of the resources that the OP might have. Also the court clerks who handle the paperwork for such case can be quite helpful while not offering legal advice.

For the OP others who are interested (Lorenzoid you can skip this part as you'll need to hire a lawyer.)

This page gives detail on the Aggressor Fleet:

WayneWorks Marine, LLC
dba Aggressor Fleet
209 Hudson Trace
Augusta, GA 30907 USA

Which going to this page GEORGIA Corp. Div. and doing a search on Wayne Works,

Gives the registered agent information for: WAYNE WORKS, LLC
Registered Agent Name: WAYNE B. BROWN
Physical Address: 209 Hudson Trace, Augusta, GA, 30907, USA
County: Richmond

The registered agent is who gets the notification of the suit. Going to this page: GA Magistrate Court Information for Consumers gives details on how to file a claim in Georgia.

Basically the OP would need to file their suit in Richmond, GA. Then show up on the court. Which would require a trip from Chicago to Augusta.

The only thing left is deciding on how much to sue for. I would start with the cost of the flights.

However, the $50 filing fee a couple of hours of work might just get the attention of Wayne to do the right thing.

 

[Schwob]

Perhaps for you, but you have zero idea of the resources that the OP might have. Also the court clerks who handle the paperwork for such case can be quite helpful while not offering legal advice.

For the OP others who are interested (Lorenzoid you can skip this part as you'll need to hire a lawyer.)

This page gives detail on the Aggressor Fleet:

WayneWorks Marine, LLC
dba Aggressor Fleet
209 Hudson Trace
Augusta, GA 30907 USA

Which going to this page GEORGIA Corp. Div. and doing a search on Wayne Works,

Gives the registered agent information for: WAYNE WORKS, LLC
Registered Agent Name: WAYNE B. BROWN
Physical Address: 209 Hudson Trace, Augusta, GA, 30907, USA
County: Richmond

The registered agent is who gets the notification of the suit. Going to this page: GA Magistrate Court Information for Consumers gives details on how to file a claim in Georgia.

Basically the OP would need to file their suit in Richmond, GA. Then show up on the court. Which would require a trip from Chicago to Augusta.

The only thing left is deciding on how much to sue for.

However, the $50 filing fee a couple of hours of work might just get the attention of Wayne to do the right thing.

Well, I do not know how the OP feels about those sort of pointers... or how I would in her shoes, but I know this:
There was a time when I would have appreciated such pointers:

Long story, but with a point or two to it:

New to this country in the very early 90s I got rear ended in my first car in the US. I was on a foreign drivers liscense and because of that was stuck with a high risk, low end insurance... same one the immigrant from another country had who hit me... So my great insurance was gighting my great insurance for me to assure things are right. They took several weeks to finally decide to total the car. I hot it in writing from them that they will pay for a rental car (one they insisted rent on higher than normal pricing from a place they named). Well, they paid for the totalled car but stiffed me out of $2000.- tental car fees. I should have sued in small claims court. But I was clueless, working 60 hours a week, was a visa wise captive employee and had my vacation time already committed. And I had no such pointers...
So I did not sue...
Bugs mee to date. While I sure did not have 2000 dollars to spare then, it bugged and still bugs me ... not so much because of the money. Much more because they lied to me cheated me and I let them get away with it. So I never sued anybody, but in retrospect, I should have then...
Even if I lost, at least I would have tried and would be more at peace about it . Of course I let that long since go, but still... I failed in that way. Bugs me. Offering that to the OP as food for thought.

Of course travelling to GA for that kind of fun is another kind of hazzle... (and then hopefully not to just find out in person that for some reason the court date will be rescheduled ... happened to me once as a witness... another day off needed (more if a trip is involved) offering that as food for more thought)...

 

[KeithG]

Perhaps for you, but you have zero idea of the resources that the OP might have. Also the court clerks who handle the paperwork for such case can be quite helpful while not offering legal advice.

For the OP others who are interested (Lorenzoid you can skip this part as you'll need to hire a lawyer.)

This page gives detail on the Aggressor Fleet:

WayneWorks Marine, LLC
dba Aggressor Fleet
209 Hudson Trace
Augusta, GA 30907 USA

Which going to this page GEORGIA Corp. Div. and doing a search on Wayne Works,

Gives the registered agent information for: WAYNE WORKS, LLC
Registered Agent Name: WAYNE B. BROWN
Physical Address: 209 Hudson Trace, Augusta, GA, 30907, USA
County: Richmond

The registered agent is who gets the notification of the suit. Going to this page: GA Magistrate Court Information for Consumers gives details on how to file a claim in Georgia.

Basically the OP would need to file their suit in Richmond, GA. Then show up on the court. Which would require a trip from Chicago to Augusta.

The only thing left is deciding on how much to sue for.

However, the $50 filing fee a couple of hours of work might just get the attention of Wayne to do the right thing.

You may be missing the point here. The OP paid Aggressor $0 for the dive trip since it was free. So the OP's out of pocket costs due to the LOB default is $0.

Just like the Insurance Claim, this is going nowhere in small claims court. Aggressor has taken $0 from the OP. So how much of that $0 do you think the small claims court should return to the OP?

I sympathize with the OPs situation as Aggressor could have made it a claimable insurance issue if they cancelled before the OP left home. But sometimes life just sucks.

A few years ago our first flight out of Toronto got cancelled on a dive trip. No other flights were available for the next 3 days (it was christmas peak season). We salvaged the trip by driving 14 hours to Charlotte to catch a connector to Belize 1 day late. Our trip insurance would not pay anything for our drive since (they would have paid if we took a taxi). They did pay a huge bill for the water taxi from Belize City to Half Moon Caye.

 

[Lorenzoid]

Perhaps for you, but you have zero idea of the resources that the OP might have. Also the court clerks who handle the paperwork for such case can be quite helpful while not offering legal advice.

For the OP others who are interested (Lorenzoid you can skip this part as you'll need to hire a lawyer.)
. . .

Speaking as a lawyer, I will say my opinion is that this is not a simple case. As for asking the Clerk for help, this isn't something the Clerk is going to know how to address. This isn't a check-the-box-on-the-form kind of case, like, say, a landlord seeking money from a tenant for some breach of a lease. There's nothing in writing between the parties that specifically covers this situation--that's the whole problem. giffenk points out just one complication, for starters. I don't know what the OP's time is worth to her, but I would estimate she would have to spend dozens if not a hundred hours on it, with no guarantee of success. Are those hours worth less than the couple of thousand dollars that the OP might try to recover? I don't know. Just trying to be realistic here.

 

[Dogbowl]

Speaking as a lawyer, I will say my opinion is that this is not a simple case. As for asking the Clerk for help, this isn't something the Clerk is going to know how to address. This isn't a check-the-box-on-the-form kind of case, like, say, a landlord seeking money from a tenant for some breach of a lease. There's nothing in writing between the parties that specifically covers this situation--that's the whole problem. giffenk points out just one complication, for starters. I don't know what the OP's time is worth to her, but I would estimate she would have to spend dozens if not a hundred hours on it, with no guarantee of success. Are those hours worth less than the couple of thousand dollars that the OP might try to recover? I don't know. Just trying to be realistic here.

I agree with @Lorenzoid. From another lawyer.