Need attorney Cape Coral Area

[OldDan1943]

Let talk ANCHORS!!!!!

Please, someone slap the dog krap out of sea-duction.

Hmmmm, let's see how many anchors he can hold while swimming.

 

[Mr. Blu]

I have been in the chartering business in the Netherlands for 9 years. And although other laws are applicable in the Netherlands when you as chartering company claimed damage you should do that immediately to the the person who chartered the boat at the end of the chartering period. When you (client and chartering company) sign off the boat to be in good order, you loose all rights in principle. And by the way, thirty days to send back a check is ridiculous. We returned the deposit within three days. And the deposit was held by a separate legal entity so that it never could be part of a bankruptcy.

 

[Steve DAntonio]

I have been in the chartering business in the Netherlands for 9 years. And although other laws are applicable in the Netherlands when you as chartering company claimed damage you should do that immediately to the the person who chartered the boat at the end of the chartering period. When you (client and chartering company) sign off the boat to be in good order, you loose all rights in principle. And by the way, thirty days to send back a check is ridiculous. We returned the deposit within three days. And the deposit was held by a separate legal entity so that it never could be part of a bankruptcy.

How refreshingly logical.

 

[OldDan1943]

I'll bet the small boats charter companies are hurting. Cant find renters in these times.
Idle boats cost the companies money.
Some might very well go out of business and sell their boats.

 

[slowgoesit]

I'll bet the small boats charter companies are hurting. Cant find renters in these times.
Idle boats cost the companies money.
Some might very well go out of business and sell their boats.

They very likely don't even OWN their boats. They are often boats that others own and contract with the charter company to rent them out. Still hurting, but the real owners of the boats still on the hook for moorage and management fees even though the boat is sitting on the dock.

 

[Njlarry]

Still no restitution

It looks to me like I have been deceived. I call from the captain a few weeks ago that he was going to settle it with the charter company . I took him at his word. The charter was the first weekend in March so it has now been almost two months and they have not returned my 8,0000.00 which is a lot of money to me.
I called the company yesterday and again today. Both times I am told I have to speak to the other Barbra but there are only three people working in the office so I can't imagine they don't all know what is going on. I also called the captain three times on no answer.
I will contact the better business as a beginning. Any advice on strategies would be most welcomed.
I may have to go to the mats on this.

 

[mvweebles]

It looks to me like I have been deceived. I call from the captain a few weeks ago that he was going to settle it with the charter company . I took him at his word. The charter was the first weekend in March so it has now been almost two months and they have not returned my 8,0000.00 which is a lot of money to me.
I called the company yesterday and again today. Both times I am told I have to speak to the other Barbra but there are only three people working in the office so I can't imagine they don't all know what is going on. I also called the captain three times on no answer.
I will contact the better business as a beginning. Any advice on strategies would be most welcomed.
I may have to go to the mats on this.

Very sorry to hear this.

I would locate the owner, if necessary, through the name of their business as registered with the state of Florida. I would contact him /her directly and see if you can resolve (unlikely). I don't recall where you're located, but your best bet will probably be small claims court though that has a $5k limit. From there, you'll have to settle for a pound of flesh via interest reviews on Yelp, Google, etc. Just know that when you trash the business, the owner will reply that it was your fault, didn't read the agreement, boat was a mess, etc. So pre-empt it in your review.

Good luck

Peter

 

[ljk]

Show the charter company this entire thread, and ask them if they would like their name attached to it!

 

[BandB]

Very sorry to hear this.

I would locate the owner, if necessary, through the name of their business as registered with the state of Florida. I would contact him /her directly and see if you can resolve (unlikely). I don't recall where you're located, but your best bet will probably be small claims court though that has a $5k limit. From there, you'll have to settle for a pound of flesh via interest reviews on Yelp, Google, etc. Just know that when you trash the business, the owner will reply that it was your fault, didn't read the agreement, boat was a mess, etc. So pre-empt it in your review.

Good luck

Peter

Go to the owner, any officers or directors, and the registered agent. Use certified mail. Give them a time limit of 10 days to resolve it.

 

[mvweebles]

Go to the owner, any officers or directors, and the registered agent. Use certified mail. Give them a time limit of 10 days to resolve it.

Disagree. This is a small company likely with an individual owner . A personal contact is the best first step, but a time limit for action is prudent. There is plenty of time for vinegar later. Start with honey. But have a firm date where you send a registered letter, file a claim, etc.

That said, chances are they don't have the money and are blowing you off. Your plan b is about to be your plan a. While you pivot, use the "honey" approach and hope for the best.

I like the suggestion about threatening to name the company in this thread, though would do so in a call to the owner (assuming he will take your call)

 

[mvweebles]

BTW - this thread has had over 3000 views from people who have a deep interest in the boats the company charters. As the saying goes, a happy customer tells a friend. A disgruntled customer tells 10.

 

[twistedtree]

Disagree. This is a small company likely with an individual owner . A personal contact is the best first step, but a time limit for action is prudent. There is plenty of time for vinegar later. Start with honey. But have a firm date where you send a registered letter, file a claim, etc.

That said, chances are they don't have the money and are blowing you off. Your plan b is about to be your plan a. While you pivot, use the "honey" approach and hope for the best.

I like the suggestion about threatening to name the company in this thread, though would do so in a call to the owner (assuming he will take your call)

I agree, but he's been down that road already. They have had every opportunity to resolve this, and clearly don't intent to do so voluntarily.


Time to take off the gloves.

 

[Moon]

Small claims court in Florida is now much higher than $5,000.00. Do not waste your time with the Better Business Bureau. That is a business trade association. Contact a maritime attorney as I suggested previously. Provide the attorney with a copy of your charter contract. There may be an arbitration clause in it. Take my advice. I am Board Certified in Admiralty and Maritime Law since 1996 and been in the field since 1988. Good luck.

 

[Bacchus]

Small claims court in Florida is now much higher than $5,000.00. Do not waste your time with the Better Business Bureau. That is a business trade association. Contact a maritime attorney as I suggested previously. Provide the attorney with a copy of your charter contract. There may be an arbitration clause in it. Take my advice. I am Board Certified in Admiralty and Maritime Law since 1996 and been in the field since 1988. Good luck.

I'm a late comer to this thread but curious...
Does the party chartering contract the Capt separately or is the Capt provided by and under contract with the charter co?
I would think it worth requesting a sworn / signed notarized? Statement from the capt re any "incidents" that occurred while under charter and his command?
But admit what do I know?
Are there any trade organizations for charter cos?
Does FL license or regulate charters in any way?

 

[BandB]

Disagree. This is a small company likely with an individual owner . A personal contact is the best first step, but a time limit for action is prudent. There is plenty of time for vinegar later. Start with honey. But have a firm date where you send a registered letter, file a claim, etc.

That said, chances are they don't have the money and are blowing you off. Your plan b is about to be your plan a. While you pivot, use the "honey" approach and hope for the best.

I like the suggestion about threatening to name the company in this thread, though would do so in a call to the owner (assuming he will take your call)

Theoretically he's been down that road. If not, then why not and why is he posting here rather than working on that. And, if the company had the money when he started this, I'd sure bet they don't now.

 

[mvweebles]

Theoretically he's been down that road. If not, then why not and why is he posting here rather than working on that. And, if the company had the money when he started this, I'd sure bet they don't now.

You're right. I'm just saying that the well is dry. Going at them with both barrels probably isn't going to work, but I'd put the wheels in process. Better to have a conversation along the lines of "you're not leaving me much choice....." Plus, if you have a semi friendly chat, you get an idea of what their defense will be. Registered letter gets nothing...

But I'm sorry the OP is having this issue. His story has the ring of truth to my ears. Doesn't not sound exaggerated or anything.

 

[BruceK]

You may have an agreement to refund which you can sue on regardless of fault. As well as the rights you had originally, wherever they be. How do you negotiate nicely with someone you believe made a refund deal(if they did) and now won`t fulfill it or even talk to you. It may depend on who had authority to make an agreement. You need advice from someone in full possession of the facts, the documents,and what ensued in negotiations.

 

[Benthic2]

I would have posted their name on here long ago......and let them know how many people have already seen it.....and how many more will in the next few months. Explain that you are locked down at home with nothing but an internet connection and tons of free time, and will devote 1 hour per day telling this story to everyone you know, and asking them to tell their friends. He may think he can't afford to give you your refund. You have to convince him he can't afford NOT to give you a refund.

 

[slowgoesit]

I would have posted their name on here long ago......and let them know how many people have already seen it.....and how many more will in the next few months. Explain that you are locked down at home with nothing but an internet connection and tons of free time, and will devote 1 hour per day telling this story to everyone you know, and asking them to tell their friends. He may think he can't afford to give you your refund. You have to convince him he can't afford NOT to give you a refund.

What HE said!

 

[Njlarry]

Dear friends and fellow boaters.
Just a few minutes ago I got an email from them that they sent the check on April 13 but since I did not get it they will send another. Why they could not tell me this during one of my calls this or last week I don't know. So I will keep my fingers crossed and let you all know if and when it clears.
Sorry for all the drama but it's not been fun for me either. I appreciate all your time and advice. Capt Moon I won't bother your friend today as I have no wish to disturb him unnecessarily.
Once again thank you all for your help.
Will post again with any change or final resolution.
Larry

 

[Frosty]

I would have posted their name on here long ago.....

I believe he did in post #16.

 

[Njlarry]

No, I never did post their name in part to give them the benefit of the doubt and in part not to mess things up here on this forum. I was referring to a geographical area that appears to very different practices that those on the Chesapeake where we always got a nice thank you note for leaving the boat so ship shape a the deposit inside of a week.
Once again, I apologize for the roller coaster ride.

 

[Frosty]

Oh I see. Sorry, my mistake. I thought you were naming a company vs. advising to stay away from chartering in a geographical area.

Stay away from Cape Coral charter companies.

 

[Moon]

The check is in the mail? Since April 13th? Ask them to send you a copy of the check they sent and the replacement check they are going to send. I would also check to see if the business is still operating before you delay too long. It would not be the first time I have heard of a business stalling long enough to deplete its assets. Please be careful and protect your rights.

 

[OldDan1943]

thanks to C19, many charter companies dont have a cash flow. You force them into bankruptcy, you may very well get nothing. I suspect most of their boats are mortgaged.

 

[Moon]

Every small business is at risk now. That does not give this particular charter company a free pass. There are many good, reputable companies that will weather this storm. It is my understanding that this member has been waiting since before the pandemic struck for reimbursement. I suspect that this company was having cash flow problems before this charter. Before you ever consider chartering with a company make sure it is compliant with US laws if it is operating in the US. If it is a charter in a foreign country know your rights in that country before chartering and understand that you will have to play by that country's rules.

 

[BandB]

thanks to C19, many charter companies dont have a cash flow. You force them into bankruptcy, you may very well get nothing. I suspect most of their boats are mortgaged.

Many charter companies never had much of a cash flow and many had owners who pulled any available cash out.

 

[BruceK]

thanks to C19, many charter companies dont have a cash flow. You force them into bankruptcy, you may very well get nothing. I suspect most of their boats are mortgaged.

Don`t they mostly manage boats in private ownership? They might be mortgaged anyway, but it`s not the same thing.
Regretfully, I agree with Moon. I hope not, but they may be "keeping the balls in the air" as long as possible.

 

[Boat]

It looked like a fun thread but it was too long so I didn't read it. Just please tell me who done it? Did Serge bend the prop or eat the tiger? Enquiring minds want to know.