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

[Lorenzoid]

Just because you waive your rights to sue doesn’t mean you can’t sue.

You bet.

 

[Scared Silly]

Back to the voucher, I would press for them to issue a voucher that 1) Good for any vessel under the Aggressor Fleet 2) Does not expire 3) Fully transferable 4) May be sold or bartered. 5) Free of any and all other restrictions that restricts it usage.

Regarding the Aggressors main office's responsibility versus the franchise's responsibility. Given that this issue was basically a booking issue (opposed to weather or mechanical) I think one could make the argument that the flights were essentially a "trip in vain." It does not matter what the OP did once there to salvage their time.

As such, the Aggressor's main office had a responsibility in adequately notifying the OP that the trip was canceled due to issues that are not directly related to the vessel itself or weather. Had that been done the OP's trip insurance might have kicked in. Even without it the Aggressor's office IMHO is the responsible party.

FWIW If the OP decided they wanted to pursue legal action, there are a couple of logistical issues that are worth considering. In general, the action has to take place in the state where the business registered or located. There are exception for transactions that are electronic but I do not think that to be the case here.

Given the amount that might be considered such as case could be heard in small claims courts. Which while legal counsel is permitted it is not required. Self representation is allowed.

 

[KeithG]

Any chance this situation could qualify for "trip interruption" clause reimbursement?

Yes. This is a perfect example of a trip interruption situation. But some policies will exclude it.

Regardless, since the LOB was free the OP has zero non refundable expenses for the LOB portion of the trip. The other portions of the trip (air fare) were delivered, so no claim can be made for them.

In order to determine how much to reimburse the insurance company will require copies of payment receipts for the LOB. It was free. So the insured has not suffered a monetary loss on the portion of the trip that was defaulted.

It IS an insurable event. The amount lost was $0. The amount reimbursed will also be $0.

 

[Dogbowl]

Yes. This is a perfect example of a trip interruption situation. But some policies will exclude it.

Regardless, since the LOB was free the OP has zero non refundable expenses for the LOB portion of the trip. The other portions of the trip (air fare) were delivered, so no claim can be made for them.

In order to determine how much to reimburse the insurance company will require copies of payment receipts for the LOB. It was free. So the insured has not suffered a monetary loss on the portion of the trip that was defaulted.

It IS an insurable event. The amount lost was $0. The amount reimbursed will also be $0.

 

[BDSC]

Liveaboards generally have you sign something that says you've purchased trip insurance so that they're relieved of any responsibility for weather or mechanical failure etc. How does that possibly help when they've cancelled on the diver client and haven't even given enough notice.

Almost every liveaboard I go on now requires you to have DAN accident insurance but I have never been on one that requires you to purchase trip insurance. They typically strongly recommend it but I have never been required to have it or sign anything saying I do.

 

[BDSC]

Also the waiver they make you sign that basically says if something happens to you can't sue them even if they are negligent.

There was another thread on SB talking about the waivers you sign when you go on a liveabaord or some land based operation. I wish I could find it. But if I remember correctly, one of the persons posting was an attorney and basically said that you can't waive someone's liability if they are negligent. I think I will go to a few liveaboard websites that post their form and see exactly what it says. To be honest, I rarely read the things.

 

[KeithG]

Almost every liveaboard I go on now requires you to have DAN accident insurance but I have never been on one that requires you to purchase trip insurance. They typically strongly recommend it but I have never been required to have it or sign anything saying I do.

Interesting. Which LOBs require DAN insurance?

Neither of the 2 LOB providers we use in the Caribbean require any insurance. They both strongly suggest you have insurance and provide some suggested suppliers.
Dive & Trip Insurance - Explorer Ventures

Liveaboard Scuba Dive Yachts Vacations & Trips | Aggressor Fleet

We carry trip and medical insurance, but not DAN.

 

[BDSC]

The last two liveaboards I was on did. The Rocio Del Mar and the Sea Hunter. Both required DAN insurance. If you get to the boat without it, you can purchase it on the spot or not get on. One liveaboard, and I can't remember which one, provides it as part of the cost of the trip.

Of course these guys go to far off places where help is not a few hours away. I have been on both Aggressor and Explorer Ventures boats and you are right, they did not require it.

 

[outofofficebrb]

This is an "example policy" that they have under "Travel Insurance 101". https://on.bluecross.ca/images/docs/Ont_Sample_Policy-en.pdf

For trip cancellation or interruption benefit, "The Insurer shall pay the benefits specified below, subject to the definitions, limitations, conditions, exclusions and reductions of coverage of this contract, in the case of an accident, illness or other unforeseen fortuitous event that is beyond the control of the covered person or traveling companion. The event must be sufficiently serious, directly affect the covered person or the travelling companion and require that the trip be cancelled, interrupted, extended or modified." We could argue someone with DCS on the boat and having to cancel/interrupt the trip to get them to a chamber directly affects the covered person in that their trip is cancelled/interrupted. Or....do they mean the insured person and/or traveling companion must actually be in an accident or have an illness or unforeseen fortuitous event themselves?

Their definition of an illness means "a deterioration in health or an organism disorder certified by a physician. In the case of trip cancellation, this deterioration or disorder must be serious enough to prevent the covered person from continuing his trip as planned. Pregnancy is not considered to be an illness, except in the case of pathlogical complications arising within the first 32 weeks."

Their definition of "Accident" means "unintentional, sudden, fortuitous and unforeseeable event due exclusively to an external cause of a violent nature and inflicting, directly and independently of all other causes, bodily injuries during the period of coverage". This suggests that the bodily injuries must be directly to the insured/covered person or traveling companion.

As expected, there are pre-existing conditions exclusion as well. A lot of good questions when you read the fine print. Depending on the answer to the few points above, what is actually covered or not covered can change quite a bit.

Yes. This is a perfect example of a trip interruption situation. But some policies will exclude it.

I honestly don't know of any policy that would include it, including yours when I went through the fine print. (See the bolded items....) This would not fall under accident or illness, and not fortuitous either because the definition of that is by accident or luck/chance. It is not by accident or chance that the liveaboard company cancelled on her because of not having enough passengers. It is by negligence or poor communication via a business decision. This is definitely something an insurance company would argue against having to pay out for. (Unfortunately for us.) I don't think this would be covered under Dive Assure's or DAN's either. This may be one of those examples that may not be covered under any travel insurance policy and rests on how well or poorly a liveaboard company manages this situation. Perhaps this is a lesson to us all to inquire about their policies if minimums are not met....and also with the agent for those of us who like to book through Diviac or Liveaboard.com. (I know I do!)

In the OPs case, all that aside, the lead time on the notice was appalling.

 

[charlier]

Unfortunately, this is not the way to think about Aggressor. Yes, they have name recognition, and they certainly milk it for all it's worth when selling the trips. However most if not all of the boats are independently owned and operated, so while the name is consistent, the experiences and quality of service, professionalism vary wildly. On top of that, Aggressor itself takes very little if any responsibility for problems or disasters when they occur; When you're shopping for the trip it's all "Aggressor: we have boats everywhere, high standards across the worldwide fleet, yadda yadda..." and when something goes awry the it's "we have no control over what that particular boat decided to do blah blah blah".....

I am with Calvin on this post. Since the Aggressor boats are independently owned and operated, its hard to evaluate the quality of crew, the ship, or the service of any particular Aggressor boat. I try to make sure the owner(s) are engaged in the operation and provide a high level of experience, professionalism, and safety. Here the owner has 100% control on the LoB and related matters. Full disclosure, I have never used a LoB that is part of the Aggressor fleet.