Capital Jazz, Inc. organizes music-themed charters on cruise ships. It planned an eight-night jazz cruise, called “SuperCruise XIV,” intended to leave Port Canaveral, Florida on January 14, 2022. On January 7, 2022, a week before that, the company sent passengers emails canceling the cruise because of Covid-19 concerns. The complaint for this class action alleges that passengers who were promised refunds still have not received them.
The Nationwide Class for this action is all persons or entities in the US who paid Capital Jazz for the cruise. Illinois and New Jersey Subclasses have also been defined, for all persons or entities who paid Capital Jazz for the cruise in those states, respectively.
For the SuperCruise event, Capital chartered Royal Caribbean International’s fifteen-deck M/V Independence of the Seas, advertising more than a dozen performances plus workshops and comedy shows. The complaint alleges that the company then sold tickets and collected fees during 2021. According to the complaint, people who wanted to go on the cruise had to book directly through Capital Jazz.
The cruise had originally been planned for the previous year, the complaint alleges, but was canceled after the Centers for Disease Control and Prevention (CDC) issued a No Sail Order suspending cruise operations in US waters.
The two plaintiffs in this case, Jerelyn Dension and Tyea Santiago, both booked cabins and paid for the subsequent 2022 cruise. Dension bought tickets for her and her husband, costing $5,325 and paid for them in four installments between April and October 2021. Santiago paid $4,550 for her fare.
However, on December 30, 2021, the CDC issued a Level 4 Covid-19 Travel Health Notice about cruise travel. “The Travel Health Notice increased the warning level for cruise ship travel based on Covid-19 but had no effect on Royal Caribbean’s and, in turn, Capital Jazz’s operation of the M/V Independence of the Seas[,]” the complaint alleges, nor did it stop the cruise from taking place. However, on January 7, only one week before departure, Capital Jazz canceled the cruise.
According to the complaint, Capital Jazz offered passengers three options: a transfer of their reservations to the following year’s cruise; a credit for the price of their fares, to be used by March 2025; or a refund minus 3% for credit card payments, to be paid within ninety days.
Both the plaintiffs opted for a full refund, but the complaint alleges that neither has received it. According to the complaint, Dension has called Capital Jazz about it around twenty times and Santiago around twelve times. At this point, the complaint alleges, callers cannot even get a live person on the line.
The complaint alleges that around 146 complaints about Capital Jazz have been filed with the Better Business Bureau, most of them about the lack of refunds. While Capital Jazz has responded to some, the complaint alleges that “it merely copies and pastes the same, boilerplate response that fails to provide any specific information about when a refund will be issued.”
Article Type: LawsuitTopic: Contract
Most Recent Case Event
Capital Jazz No Refunds Paid for Cruise Cancellation Complaint
October 3, 2022
Capital Jazz, Inc. organizes music-themed charters on cruise ships. It planned an eight-night jazz cruise, called “SuperCruise XIV,” intended to leave Port Canaveral, Florida on January 14, 2022. On January 7, 2022, a week before that, the company sent passengers emails canceling the cruise because of Covid-19 concerns. The complaint for this class action alleges that passengers who were promised refunds still have not received them.
Capital Jazz No Refunds Paid for Cruise Cancellation ComplaintCase Event History
Capital Jazz No Refunds Paid for Cruise Cancellation Complaint
October 3, 2022
Capital Jazz, Inc. organizes music-themed charters on cruise ships. It planned an eight-night jazz cruise, called “SuperCruise XIV,” intended to leave Port Canaveral, Florida on January 14, 2022. On January 7, 2022, a week before that, the company sent passengers emails canceling the cruise because of Covid-19 concerns. The complaint for this class action alleges that passengers who were promised refunds still have not received them.
Capital Jazz No Refunds Paid for Cruise Cancellation Complaint