Marriott Vacations Cruise Fees Class Action Settlement
Class Members are defined as “all persons throughout the United States who from January 1, 2010 to February 23, 2018 were Program Members of the Exchange Program and who booked a cruise through Defendants.”
Each Settlement Class Member is entitled to seek remuneration in any of the forms identified below for up to five (5) cruise bookings made between January 1, 2010 and February 23, 2018, and is further entitled to seek remuneration in the form of a Gift Card for cruise bookings in excess of five (5) made during that time period. Defendants have agreed to pay remuneration for a portion of any fee denominated by a cruise line as non-commissionable fare, non-commissionable cruise fare, or similarly termed fee or fare (“NCF”), and often referred to by Defendants as port charges or cruise line pass through fees, paid on a cruise booking:
Cash: 50% of the cash value of the NCF, also referred to by Defendants as port charges or cruise line pass through fees, that a Settlement Class Member paid, returned in cash;
Exchange Program PlusPoints: 75% of the cash value of the NCF, also referred to by Defendants as port charges or cruise line pass through fees, a Settlement Class Member paid, returned in a converted value of cruise-only Exchange Program PlusPoints, calculated at a rate of 75% of NCF/$0.53 and rounded to the nearest ten (10) Exchange Point increment; or
Gift Card: 75% of the cash value of the NCF, also referred to by Defendants as port charges or cruise line pass through fees, a Settlement Class Member paid, returned in an ICE-branded gift card that can be redeemed on a website created by ICE.
Each Settlement Class Member who elects to receive cruise-only Exchange Program PlusPoints must elect to use such Exchange Program PlusPoints no later than three (3) years from the Claim Deadline. The cruise-only Exchange Program PlusPoints must only be used to book cruises fulfilled by ICE, and shall expire three (3) years from June 20, 2018.
As injunctive relief, Defendants also agree to adopt and implement the following changes to the Exchange Program, to be effective upon Preliminary Approval:
a. Expanded Point Usage: Defendants will allow Program Members to use Exchange Points as complete payment for all amounts required to purchase a cruise through the Exchange Program, excluding government-imposed taxes and government-imposed fees.
b. NCF Disclosures: For as long as the obligations between Defendants and cruise lines allow, Defendants will include the amount of any NCF within the amount disclosed as “cruise fare” on booking confirmations provided to Program Members. If a cruise line insists on a treatment for any amount denominated as a NCF, or a disclosure to consumer related to a NCF, that is inconsistent with what is described in the preceding sentence, Defendants will no longer be required to include the amount of any NCF within the amount disclosed as cruise fare on booking confirmations provided to Program Members, and Defendants will have fully satisfied their obligations under this settlement by complying with the requirements imposed by the cruise line.
Proof of Purchase
Daniel Finerman, et al. v. Marriott Ownership Resorts, Inc., et al.,Case No. 3:14-cv-01154-TJC-MCR
US District Court Middle District of Florida
The Plaintiffs, Daniel Finerman and Donna Devino, on behalf of themselves and all others similarly situated, brought claims by a complaint as a putative class action challenging certain fees they were charged to book cruises when using Exchange Points they obtained as members of the Exchange Program. The complaint alleges that Defendants failed to provide cruises in exchange for Class Members’ points and charged Class Members additional sums to cover the costs of cruises under the guise of port fees or cruise line pass through fees.
Defendants deny any and all liability or wrongdoing with respect to the claims alleged in the lawsuit but desire to settle the case to avoid the risk, expense, and distraction of continued litigation.