Does a charter service hold any responsibility for actions of guests?

Question

The scenario:

Several passengers on a chartered boat were drinking and making lewd and unwanted physical advances towards other passengers. The boat staff was alerted to the situation, but did nothing to approach the men causing the problem, simply told the women to 'stay away' from the men. On a boat, the options for 'avoiding' were slim, and the behavior continued.

Does the charter service hold any accountability for the events, and are they required to provide a refund to the guests who were the target of the drunken advances?

When presented with the complaint, the owner said that the staff should have been told (which they were) and that regardless, they have a clause in their terms of service 'protecting' them from any liability.

Is a clause in their tos a protection for them from having to ensure the safety of their guests?

Answer 1

"safety of their guests", i dont think unwanted cat calls really made you unsafe. good lord.  

Answer 2

As you didn't mention any harm to anyone, beyond annoyance, your question makes little sense.  Your remedy is to refuse to do business with an outfit that does not take care of the guests and to spread the word about it.  Next time, you could try negotiating for a clause ensuring that there will be no annoyances but I can't imagine anyone agreeing to such a contract.

Answer 3

Hey, Sway, I didn't read anything about cat calls.  You could use some sensitivity training!!

Hanna, It depends on what country you live in, and possibly what state or province.  Sexual harassment laws are pretty clear, and the boat crew are guilty of it by condoning the behaviour of their passengers.  No woman should be subjected to unwanted physical groping by drunken males.  The men themselves could be charged with assault.

Read the fine print of your contract, and consult a lawyer to get accurate advice.  Good luck.  I'm sorry your boat ride was spoiled.

Answer 4

A good business would just refund your money and apologize because in the end they'll lose more money with all of the negative word of mouth.  You are just asking if you can get your money back and an apology, and that isn't asking too much, imho.

If this was in a tourist trap area maybe they just think they will rely on the new business from future tourists.  In that case, I would go to places like TripAdvisor and write up reviews stating exactly what happened.  Others need to be warned to steer clear.

This charter seems to be asking for trouble.  G-d forbid someone was seriously hurt, they would be in a lot of hot water.

Answer 5

they should have been cut off from the booze if they were acting like buffoons.

sounds like the charter doesn't really care about it's reputation and the enjoyment of all of it's guests.  i would have at least offered an apology and given you a free pass for another event.

you were treated unfairly, so spread the word and ask those you talk to do the same.  i think that's all your going to get out of this company.