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RetiredZGrt's avatar

Update on some of the cases in the public record against VV:

1. OMG. The latest Motion to Dismiss on SignalWave (the gentleman who bought the $450,000 Balcony Superior Suite) is incredible for the shameless assertions VV makes in the Motion. [Note a prior Motion to Dismiss had been made and was accepted and the case was Closed and then the plaintiff's lawyer got the case reopened.] If any current or future residents read this Motion it will either give them a heart attack or send them running. Some of the things argued by VV's lawyer in this Motion are:

a) "Plaintiff contends Defendant breached the Agreement by freezing use of the Villa, listing it for sale, and barring rentals. The Complaint fails to identify any covenant in the Agreement prohibiting these actions. The Terms allow Defendant to "make changes/retrofits/modifications to the ship provided for its voyages at any time" and to change "policies, procedures, and requirements... without notice." Without a specific contractual restriction, these actions do not constitute a breach." VV is literally arguing here that the contract gives them the right to take away the passenger's $450,000 cabin and resell it to someone else!

b) "Plaintiff lacks a sufficient property interest in the Villa to sue for conversion. Conversion [taking something away] occurs when a person exercises dominion over chattel [immoveable property] inconsistent with the owner's possessory rights, depriving the owner of possession. However, the Agreement only grants Plaintiff a "Right to Occupy" the Villa, not ownership. As an occupant with a contractual right to use, Plaintiff does not have a sufficient possessory right to maintain a claim for conversion against Defendant where the Terms establish that Defendant's rights to the Villa are superior to Plaintiff's rights. Specifically, the Terms provide that Defendant retains control over the ship, permits Defendant to make policy changes and modifications to the ship, and grants Defendant entry rights into the Villa, all of which establish that Plaintiff's interest is subordinate to Defendant's authority."

VV and its residents repeatedly say they are "owners" and of course we have all known it is only a lease. VV couldn't be stating it more clearly here - the resident has no real right to their cabin. VV's claim to the ship and the cabin trump that of the resident and VV can do anything it wants with the cabin at any time including taking it away from the resident.

c) "Plaintiff claims Defendant breached the Agreement by omitting itinerary stops during the 2025 Cruise. The Terms expressly permit Defendant to "change the itinerary at any time without notice" and "for any reason whatsoever." This broad discretion negates any covenant requiring adherence to a fixed itinerary, rendering Plaintiff's claim baseless." Yup, as we have said, the itinerary just changes. It isn't fixed. If you book a segment, you have not booked a set list of ports.

2) Fair Labor Standards case brought by employees against VV - on the last update they had been ordered to go to a settlement conference in September. But 2 days after that order, VV filed a Motion to Dismiss. Now the employees' lawyer must file a response to that Motion by August 11.

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NYOB's avatar

It’s unbelievable to me that people are currently selling their homes to become a resident. Even if this struggling start-up continues for years, why “invest” so much money into a depreciating asset especially knowing (or should know) that they will be the last to get paid (think pocket change at best) if it goes BK. As for the 2nd ship, Mike’s recent comments about the timing of the next ship such as, “if the Odyssey should sell out” puts such a ship farther out in the future if ever. With the big generous Summer Sale VVR posted, Deck 3 Port side is still virtually empty.

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