Can Carnival get away with False Advertisement?

[Zigner]

lol I get what your saying but starting the sentence with excludes would indicate everything following

Yes, I agree. And everything that followed was excluded. It's really basic, straight-forward English.

 

[joey0234]

This thread has been so great!

11 likes baby wooo

 

[joey0234]

Yes, I agree. And everything that followed was excluded. It's really basic, straight-forward English.

har har I get it I truely see where your coming from, but from a legal point that is false advertisement? because it excludes sharing floaters and I cannot get floaters with the program. Basically why state that you cannot share floaters if I cannot get them

 

[tranquility]

The argument on its face is ridiculous. Is it possible to read it in the way the OP wants? I guess. I wouldn't have read it that way. To me, it seems to exclude drinks that are two or more units of alcohol.

As to any possible remedy, OP, knock yourself out:

(d) Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest, whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or Guest’s cruise, no matter how described, pleaded or styled, between the Guest and Carnival, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in Miami-Dade County, Florida, U.S.A. to the exclusion of any other forum. Guest hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in Miami-Dade, Florida. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference. If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, you can contact them at: National Arbitration and Mediation, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, telephone number (800) 358-2550.

 

[Zigner]

har har I get it I truely see where your coming from, but from a legal point that is false advertisement? because it excludes sharing floaters and I cannot get floaters with the program. Basically why state that you cannot share floaters if I cannot get them

It doesn't exclude sharing floaters. It excludes sharing c0cktails.

From a legal (and any other) perspective, it is not false advertising. In fact, it is very clear. Please visit your local elementary school and ask to speak to any English teacher that teacher anything higher than kindergarten. They will explain it to you.

ETA: It excludes floaters of any type, sharing or otherwise.

 

[joey0234]

Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest, whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or Guest’s cruise, no matter how described, pleaded or styled, between the Guest and Carnival, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in Miami-Dade County, Florida, U.S.A. to the exclusion of any other forum. Guest hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in Miami-Dade, Florida. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference. If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, you can contact them at: National Arbitration and Mediation, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, telephone number (800) 358-2550 FREE.

damm so even If I had something they covered there mess ups with this bs...

 

[Zigner]

damm so even If I had something they covered there mess ups with this bs...

What mess up?

 

[Proserpina]

damm so even If I had something they covered there mess ups with this bs...

The mess up is your lack of comprehension; once again that's not their problem.

Everyone who has answered is of the same opinion. Why do you think that is?

 

[Zigner]

OP's lack of comprehension doesn't even allow him to see that Tranq's information doesn't mean he'd have to go through arbitration, since it would be a small claims matter

 

[Proserpina]

ive taken multiple carnival cruises and all of them were amazing, me and my girlfriend are quiet people, this particular POS really had no manners.

I'm feeling really bad for the manager for having to deal with you (and your girlfriend if she suffers from the same lack of comprehension).

 

[Silverplum]

damm so even If I had something they covered there mess ups with this bs...

This, after editing, is the Dawning of the Light of Understanding.

Your inability to express yourself without using several trashy words has been noted.

 

[xylene]

You were drunk and got dialed back and were a jerk about it.

 

[Zigner]

I'm feeling really bad for the manager for having to deal with you (and your girlfriend if she suffers from the same lack of comprehension).

I agree - I have a mental image of an exasperated bar manager at his wits end with two inebriated, belligerent passengers who are making a scene because they can't have their way.

 

[xylene]

I assure you, people who weren't jerks got the free floater.

 

[Zigner]

You were drunk and got dialed back and were a jerk about it.

Yeah - that!