As per, Federal maritime law, an owner of a sea-going vessel can establish a one-year statute of limitation in its passenger contract. "Generally, contract provisions limiting the time parties may bring suit have been held to be enforceable, if reasonable. Such provisions are accepted by the courts as long as they do not violate public policy." (citation omitted). In a recent New Jersey case, WINOGRAD v. CARNIVAL CORPORATION, this law was upheld. In Winograd, a friend of the plaintiff, who accompanied her on the cruise, purchased the cruise tickets from a travel agent, for a cruise on Costa Cruise Lines N.V. The plaintiff and her friend disembarked from the ship when it arrived at La Romana a port city in the Dominican Republic, and went by shuttle bus to the port from the cruise ship. While walking in the shopping district, the plaintiff and her friend were robbed by men with knives, who stole their passports, drivers licenses, credit cards, and other personal effects. In her lawsuit the plaintiff alleged that she suffered physical and emotional injury as a result of the robbery. Nearly two years later, plaintiff filed suit in the Law Division. The appellate panel affirmed the trial court's dismissal of Plaintiff's complaint based on the one-year limitation set forth in the ticket contract. This is another example why it is important to talk to an attorney ASAP when you have suffered an injury on a cruise ship or any where for that matter. Lawsuits are time sensitive and without proper counsel your could miss the boat on your legal claim.
Thursday, July 1, 2010
Have you recently joined a Health Club or Gym and are stuck in a contract? Possible ways to escape.
New Jersey is a state that is home to many fitness gurus and at some point you may find yourself joining a health club a/k/a gym. One of the hang-ups of joining a gym is the contract that many of health clubs require the health conscious consumer to sign. Many times people are very excited to join but then just days after signing the contract find that they will not utilize health club as much as they first thought they would, need to relocate or find that the health club isn’t all that it was promised be by the membership sales representative. If you fall under one of these situations you will be happy to hear to you may have a way out of your contract. First, a contract for new or increased health club services may be cancelled by the buyer for any reason at any time before midnight of the third operating day after the buyer receives a copy of the contract. In order to cancel, you must follow the following procedure to make the cancellation binding: you must notify the health club of cancellation in writing, by registered or certified mail, return receipt requested, or personal delivery, to the address specified in the contract (If no address is specified the contract is void). After cancellation all moneys paid pursuant to the cancelled contract shall be fully refunded within 30 days of receipt of the notice of cancellation. If you have executed any credit or loan agreement through the health club to pay all or part of health club services, the negotiable instrument executed must be returned to you within 30 days.
Another one of the previously mentioned reasons consumers need to cancel their contract is relocation. A health club services contract must provide that it is subject to cancellation by the consumer, by notice, sent by registered or certified mail, return receipt requested, or personally delivered, to the address of the health club specified in the contract upon the buyer's change of permanent residence to a location more than 25 miles from the health club or an affiliated health club offering the same or similar services and facilities at no additional expense to the buyer.
Finally you may find yourself in a situation whereby the membership sales representative misrepresented the health club. Any health club services contract entered into in reliance upon any fraudulent or substantially and willfully false or misleading information, representation, notice or advertisement of the health club is voidable at the option of the buyer of the contract. So if you were told one thing then came to find out another you probably have a way out of that contract that you signed. If you find yourself in questionable health club contract, feel free to contact Riviere Cresci & Singer LLC for a free consultation.