Today was an opportunity to see the rugged coastline of southwestern Costa Rica as we cruised the Golfo Dulce. We even saw a lot of dolphins along side the ship as we sailed along. We sailed by the town of Golfito which once was the primary port for bananas. I removed the other item since someone finally woke up and resolved the issue. Thanks
5 comments:
Repeat after me: "Serenity Now!"
I think it's a bit odd that someone has to "give permission" for you to be given a copy of a what they want you to feel is a standard form.
Especially if you MUST sign it, or you can't be a part of the excursion.
Can't imagine what they are trying to hide. But it's all very weird. Maybe they aren't used to anyone questioning their "authority". Because they are HA afterall.
This could have been a total non-issue if the Shore Excursion Manager hadn't tried to just blow me off..... All I wanted was to make sure that I wasn't reading the release incorrectly. My day in Huatulco was diminished greatly because I couldn't go sailing as planned. I just wanted to make sure it wasn't my incorrect reading of the document. I don't want to make the same mistake again (if I made one). Now it has become a big deal because someone wants pull some kind of powerplay. I am really surprised that a top of the line company like Holland America would allow employees to operate so recklessly with their public relations image.
They finally gave me the form. It is a shame they tried to make a big deal out of giving me the form. Here was the language I found problematic:
"I understand and agree that neither my guide(s)/instructor(s), Turismo Nautico, sa de cv, operator of this program, Holland America Line, nor any of their respective employees, officers, agents, or assigns (herinafter referred to as "Released Parties"), may be held liable or responsible in any way for any injury, death or other damages to me or my family, heirs, or assigns that may occur as a result of my participation in this program or as a result of negligence to any party, including the Released Parties, whether passive or active."
I found the relief from negligent activity a bit much
Jeff, realize this is belated, but I just discovered your blog through Cruise Critic. The Release is your typical CYA sort of thing that many require prior to participation in a variety of activities. It's called an "adhesion contract" because if you don't sign as written, you don't participate, period. I'll bet that somewhere on those other tour tickets there's similar language that most people don't read or just scan, such as "by participating in this tour you agree that .... " Ever read a surgical release? They won't operate if you won't sign or try to change one of those either. Most courts apply these types of blanket releases only to accidents or acts of simple negligence (you slip on puddle of oil on the deck that the crew hadn't spotted yet and break your neck), but don't consider them valid with regard to acts of gross negligence (the oil puddle spot has been there for 4 years and 3 other people have slipped and broken their necks) or deliberate action (they take exception to your complaint about the oil puddle and push you overboard) or inaction (turns out you can't swim and despite being within arm's length from the boat, they stand there doing nothing and let you drown). The difficulty for you or your heirs is that to recover from HAL, you'd likely have to sue in Seattle (okay if you live there, otherwise extremely inconvenient and you'd have to prove they were somehow negligent in the first place), and against a tour operator in the location in which any accident or death happened (uh, you think you've got a chance to win a case in a foreign court against the Judge's brother-in-law?). That HAL required you to specifically sign something in advance makes me think they got sued over this particular tour operator in the past, which makes one wonder why they'd keep on the tour operator, if that's the case. My speculation anyway. Not sure of what else went on behind the scenes, but for someone to refuse to give you a copy of something they wanted you to sign was out of line. Glad that was resolved. If of any consequence, I wouldn't have signed it either.
I am emmensely enjoying your blog and cruise experiences. With just 14days at sea (7 with HAL), I must admit considerable envy and continually wonder how others can 1) manage to be away from home for such long periods, 2) afford the costs involved and 3) if anyone would hire me in some position just so I can enjoy similar adventures, at their expense! Just rhetorical questions - well except for #3. Now back to your real journeys and my vicarious world cruise.
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