How to File a Claim Against Oceania Cruise Lines

Want to get a solution? File a claim against Oceania Cruise Line. These are your options.

Are you having trouble with the Oceania Cruise Line? Maybe their services weren’t everything they promised, maybe they overcharged you, or they didn’t give you a refund when they said they would. In any case, you have probably reached out to customer service to try and fix the issue but it proved unhelpful. Now you want something other than auto responses and boilerplate emails.

Now you want to know:

  • How do I file a legal claim against Oceania cruise line?
  • How do I sue in small claims court?
  • How do I file a claim in arbitration against them?

So what are your options?

File a claim against Oceania Cruise Line in Small Claims Court

What is Small Claims Court?

Your user agreement with the Oceania Cruise Line has a lot of fine print and in that fine print that you probably glossed over it says that you can’t just sue them if something goes wrong but what you can do is file a claim against Oceania Cruise Line in small claims court, a local option that will get you compensation in most cases.

When to try Small Claims Court

If your case qualifies this is a good option but you also need to have some time on your hands because it does require a bit of effort. Not every case qualifies as though. Firstly, small claims courts will only offer monetary compensation not Equitable compensation that means they can only give you a dollar amount and not force the company to give you physical property. So, if your issue with Oceania cruise line is that they damaged or lost some of your physical property during a cruise, you can make an argument for the monetary value of what was damaged or lost but the company can’t go out and buy you a new suitcase or jewelry.

There are also small claims court limits for the amount of money you can ask for. This varies by state so if your claim is too little or too much and doesn’t qualify you won’t be able to use this option.

What you need to do to access Small Claims Court

This is a very exhausting process that requires multiple trips to your local courthouse so get ready.

You start by sending a demand letter which is a formal request for the cruise line to fix the problem. If the cruise line doesn’t fix the problem then you have to go to your state court website to find whatever forms you have to fill out for your state and your county. Not every county has specific forms but some do. Make sure you verify how many copies you need because if you don’t have enough copies, they won’t accept your case.

You have to go to your court house as per the rules listed on your state court website to file these documents officially in person on the right days of the week and during the right hours of operation. Once you file and pay the small claims court fee you will be given a hearing date.

After that you have to officially serve the cruise line informing them that they are being sued. This requires you to send hard copies from the group of copies you officially filed at the courthouse. Then you have to go to the courthouse on your hearing date and present your side of the case after which a judge will render a decision.

What to expect with Small Claims Court

The cruise line may or may not send someone to oppose you but either way it’s your job to present your evidence and explain thoroughly why you deserve compensation. If you do everything right chances are you will get compensation using this method.

File a complaint against Oceania Cruise Line with the Better Business Bureau

What is the Better Business Bureau?

The Better Business Bureau otherwise known as the BBB and its local chapters function as private organizations that collect and publish online complaints from customers and give companies a rating based on said complaints. Better Business Bureau is funded by affiliate fees from businesses. They also give each of these companies an opportunity to become accredited and respond to complaints that are lodged on their page.

When to try the Better Business Bureau

If you see that the Oceania Cruise Line is actively responding to complaints, you can submit yours with a high chance of getting a response yourself. Otherwise, if they aren’t responding, you can still submit a complaint and at least get your issue out there and published for other potential customers to see.

What do you need to do to access the Better Business Bureau

Go to their page on the website and follow the instructions for submitting a complaint.

What to expect with the Better Business Bureau

The outcome is heavily contingent upon whether the company is responding. In most cases if they respond to complaints, they will ask for more information so that they can try and work through a solution with you. If they are publicly responding, this works out well for them to because it shows other customers that they are open to solving problems. However, if they aren’t responding it won’t really do much other than get your voice heard.

File a claim against Oceania Cruise Line through NAM Arbitration

What is Consumer Arbitration?

If you have a complaint and you want to file a claim against the cruise line, one of the options is to use the National Arbitration and Mediation company, or NAM. Cruise Lines use this particular company for all arbitration and mediation situations so this gives you a chance to potentially seek compensation in a couple of different ways.

When to try arbitration

If you are frustrated with the cruise line because they didn’t honor their contract with you, or you think they violated a law, or any other issue, and you want compensation that is legally binding, this is when you would use arbitration. Arbitration or mediation is also a solution when you cannot file a claim against the cruise line in small claims court because your case doesn’t qualify.

What you need to do to access consumer arbitration

In order to initiate this process you have to submit the right forms to NAM which include:

  • Names, addresses, and telephone numbers for each party to the case
  • Internal filing numbers for corporate parties,
  • Whether mediation or arbitration is selection
  • The nature of the claims
  • And an agreement that the settlement can’t be publicly adjudicated, the mediator (in mediations) can’t be called as a witness, and the arbitrator’s decision (in arbitration) is legally binding.

Once you submit the forms to NAM, it’s much like filing forms with the courthouse in that you now have to officially notify the Oceania cruise line by sending them copies of everything within 24 hours.

For more information on the rules and procedures, read here, or you can contact NAM at 800-358-2550.

What to expect with consumer arbitration

The procedure is going to differ slightly whether you chose mediation or arbitration, but the outcome is binding and either case. NAM schedules all hearings either way.

If you choose mediation, they select a hearing officer who will schedule the sessions and you will meet with the cruise line to try and negotiate with one another and present your evidence. These mediation sessions only become legally binding once you guys reach an agreement. This can take a very short amount of time or a very long amount of time depending on how drawn out the process is.

If you choose arbitration they select an independent arbitrator who will schedule the hearing. You can choose to have an attorney help you or not. With arbitration you have the opportunity to present your case through live testimony or you can 4 go live testimony. 10 days prior to the hearing you have to submit for review:

  • A statement of the facts
  • A statement of each claim
  • Statement of evidence to be presented

During the arbitration, the information will be reviewed and the arbitrator will come to a binding decision.

If at any point Oceania Cruise Line doesn’t show up or doesn’t participate, the mediator or the arbitrator can choose to postpone until they do or they can choose to render a judgment and give you a settlement then and there.

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