Dimond Kaplan & Rothstein is representing plaintiff Daniel Cousin in a putative class action lawsuit against Hollywood-based Baleària Caribbean Ltd. Corp., previously known as Bahamas Express.
From the article:
A putative class action lawsuit that alleges a Caribbean ferry trip company “foisted its financial hardship on its own customers” by refusing to issue refunds for trips canceled because of COVID-19 has docked in Broward Circuit Court.
And plaintiffs lawyers say it carries a message for corporate America.
David A. Rothstein, Jeffrey B. Kaplan and Lorenz Michel Pruss of Dimond Kaplan & Rothstein in Miami represent named plaintiff Daniel Cousin, who bought a trip to Bimini for seven adults, two children and two babies from Hollywood-based Balearia Caribbean Ltd. Corp., previously known as Bahamas Express.
The ferry would have left in April, but that wasn’t to be, as the company stopped running trips March 17 and changed its terms and conditions for refunds March 23.
The plaintiffs’ team suspect Cousin is one of thousands in a similar boat: offered credit for a future cruise at no additional cost, but no reimbursement. And to that, Rothstein says, “That’s not the deal.”
While it’s understandable that the trips were canceled during a global pandemic, the putative class action argues this didn’t give the defendant a license to breach its contract and violate Florida’s Deceptive and Unfair Trade Practices Act.
The pandemic has been an unexpected burden, and even a death knell, for businesses around the world, but Rothstein stresses this is a case that hinges on what the defendant’s contract said — or didn’t say — beforehand.
Contact a Class Action Attorney Today
If Baleària cancelled your ferry service and has refused to reimburse you for the ticket that you purchased, contact Dimond Kaplan & Rothstein, P.A. to discuss your rights.
Read more from the Balearia suit on DBR HERE