liveaboard.com Can I trust them?
- Thread starter pilotaydin
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maddog2
Registered
I'm still working on getting my refund. I have contacted Masterliveaboards.com directly because I can't seem to get my point across to Liveaboard.com. I will start another forum topic with my conversations with Masterliveaboards.com. The crux of my disagreement with Liveaboard.com is Masterliveaboard's 'Terms and Conditions' where it is stated that Masterliveaboard will provide me with a 'with a full refund of the monies you have paid' due to 'Unavoidable & Extraordinary Circumstances' where I am unable to travel to the destination or its immediate vicinity.
These 'Terms and Conditions' were in effect prior to the 'Corona Clause'. Masterliveaboard's 'Corona Clause' was obviously added after the purchase of my dive trip and my request for a full refund. At least it is obvious to me, but not Liveaboard.com's Region Manager. I purchased my trip in January, 2020. The World Health Organization (WHO) declared a Pandemic in mid-March of 2020. I requested a full refund in early April., 2020 Some time later Canada banned non-essential international travel and Indonesia closed its borders. If that doesn't fit the description for 'Unavoidable and Extraordinary' what would?
In any case, I'm of the opinion that either Liveaboard.com and/or Masterliveaboard.com should provide me with a refund as stipulated in Masterliveaboard's 'Terms and Conditions'.
BTW, the Regional Manager of Liveaboard.com complained to me that I used her name in my updates on this forum, for which I apologize. I assumed it was an alias because a last name was not included in the email signature/footnote. Since she is the Regional Manager from now on I will call her 'Regina' and give her a last name of 'Sask'. Regina Sask also asked that I don't include direct quotations of her email exchanges in my forum updates.
What reason did she give for this extraordinary request? Anyway, you have no legal duty to comply with her wishes.
Have you tried the route of a polite written letter to the CEO of the parent company? This can be a surprising effective way to cut through the BS.
HEAD Sport GmbH
Wuhrkopfweg 1
6921 Kennelbach Austria
Head doesn't current have a CEO. You would want to address it either to Head Group Chairman Johan Eliash or Group COO and Executive Vice President Diving Division Gerald Skrobanek.
maddog2
Registered
The emails that Liveaboard.com send are, since June 2020, appended with a comment saying that the contents of the email is confidential and is intended for the recipient specified in the message only, and that it is strictly forbidden to share any part of the message without the expressed written consent of the sender. Or words to that effect. Although, I didn't agree to the confidentiality terms I don't mind abiding by their requests for now.
Thanks for your post about sending a written message to the Head Group Chairman or Group COO, with the address. I intend to write both of the individuals above if my request for a refund from Masterliveaboard.com and/or Liveaboard.com is not successful.
drrich2
Contributor
It's understandable a business person wouldn't want their direct e-mails to a customer broadcast to the public. On the other hand, trying to forbid someone from doing so (on what authority?) can create the impression of secretiveness, such as if they have something to hide, or that potential customers would be put off if made aware of their business practices.
Typical nonsense with no legal validity that's only meant to intimidate the uninformed. For this to be enforceable, it would have to part of a valid (and pre-existing) contract between the sender and recipient. You can't create a contract merely by claiming one exists. It's exactly as valid as the following statement.
If you read this, you owe me $1,000,000.
To be complete, I should note that a sender of a message does have a copyright in the original content of the message. However, sharing a portion or even the entirety of the message with additional commentary in the context of discussing a customer service issue is unquestionably covered as a transformative use under Fair Use in US law.
Disclaimer
. I am not a lawyer. But I was a professional librarian. Here's some actual lawyers' thoughts on this issue:
Email disclaimers generally not legally binding
The other day I received an email from a lawyer in Chicago who I don’t talk to very often. So I was a little surprised to hear from him. There was nothing in the body of the email, but there …
www.chicagotribune.com
TO INCLUDE OR NOT TO INCLUDE: THE ART OF EMAIL DISCLAIMERS - NAE
Every so often, we get a question from one of our members that sometimes leads us to question our conventional understanding of certain topics. Such was the case when one of our members asked us: “Do I really need to include a disclaimer at the bottom of my emails?” Being an attorney, my...
www.nevadaemployers.org
Email Confidentiality Disclaimers: Annoying But Are They Legally Binding?
A look at different examples of email confidentiality disclaimers, their legal value plus common reasons why companies might use them.
cenkuslaw.com
admikar
Contributor
My response would be: If you don't want this to be shared, just give me my money back and I'll forget you even exist.
Until you do so, I don't give a ***/ about what you want.
Until you do so, I don't give a ***/ about what you want.
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