Looking to sue Oceania Cruise Lines? Small claims court is an option, and you may have others…
Oceania Cruise Lines promise vacations that will blow your mind, but all too often, they fail at those promises. Sometimes they end up costing you money because of a promotion they don’t honor. Other times, one of their customer service representatives might be excessively rude or otherwise cost you some of your money. Whatever the problem, odds are that Oceania has already said that you aren’t able to sue them because of a clause in your contract.
However, you might still be able to pursue resolution through a small claims court lawsuit.
Firstly, you’ll need to determine whether your claim against Oceania actually qualifies for your state’s small claims court. The specifics, especially the monetary limit, will vary from state to state. But here are the general stipulations:
Review your grievance and what you’re demanding in dollars, then consider whether your claim qualifies. In the event that it doesn’t, you might still be able to pursue a resolution using the National Arbitration and Mediation company. They’re an organization that handles claims against big cruise companies like Oceania all the time.
But in the event that your claim does qualify for small claims court, you can move on to the next step: writing out a demand letter. If you haven’t already, you’ll need to do this as it’s a legal requirement for most court cases. It just spells out your demands and gives Oceania a chance to respond before you bring a lawsuit to the table.
Write out your letter using simple language and be clear in what your problem is and how they can solve it. It doesn’t need to be overly formal or complex. Then, mail the letter to the following address:
Oceania Cruises
7665 Corporate Center Drive
Miami, FL 33126
Even if Oceania doesn’t respond, you’ve crossed an objective off your list and can then move forward with the lawsuit process.
Now it’s time to either head to your state’s small claims court website or the court in person to pick up and fill out the required court forms. You may be required to fill out these forms in duplicate or triplicate, so be prepared to spend some time filling these out and make sure that you fill everything out identically if there are multiple copies.
Furthermore, it’s not uncommon for small claims courts to charge a small fee for the filling out process. You might be able to get this waived if you have proof of low income.
It’s important that you fill everything out multiple times, both for the records of the court and for your own evidence when the actual case comes to trial.
After filling everything out properly, you can then file your forms with your small claims court. This will likely have to be done in person, as only a few courts have electronic filing systems in place at this time. Be sure that you do this absolutely perfectly, as some small claims court cases are occasionally thrown out because the claimant forgets to fill something out correctly or they don’t file one or two forms before the court date. This is how many large corporations get away with things time and time again.
You’ll also need to notify Oceania that you’re suing them in the first place. That means serving them a copy of the court forms. Thankfully, this can also be done in your small claims court. Again, just be sure you follow all the instructions to the letter so you don’t waste time and have to go back to the beginning.
Finally, all that’s left is for you to wait for your court date to show up and attend as promised. Be sure to memorize the correct date and time and have all your materials together for your representation the day before. With luck, Oceania won’t even show up and you’ll be able to represent your case to the court without any competition.
Do your best, stay composed, and you stand a great chance of getting the resolution you deserve against Oceania!
Ready to sue Oceania Cruise lines in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…