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Windjammer Will Bail Out LaMer Investors

Cruise Line Promises Investors Won't Take a Bath

By Dan Schlossberg
ConsumerAffairs.com

May 22, 2007

Windjammer • Windjammer Still Taking Wind Out Of Vacationers' Sails • Windjammer Will Bail Out LaMer Investors • Consumer Complaints

It took more than two weeks, many calls, and more than a dozen faxes and emails, but ConsumerAffairs.com finally pinned down representatives of Windjammer Barefoot Cruises, who pledged that patrons who invested in a proposed floating timeshare will not lose their money.

"Anybody who ever had a grievance regarding his timeshares should know that Windjammer wants to keep them as a satisfied customer," said company attorney Gary W. Pollack of Miami.

Numerous investors were upset when the S/V LaMer, originally scheduled for launch in 2005, did not enter service; their inquiries regarding its future status received little or no response.

Pollack said LaMer remains in drydock at Windjammer’s Trinidad boatyard while a new board of directors decides whether to complete the ship’s conversion to timeshare or acquire an additional vessel. In the meantime, investors have been offered complimentary cruises on other Windjammer ships.

"I have been trying to contact anybody who complained," the attorney said. "I have some files from people who are irate customers and am trying to satisfy them. They’ve been offered cruises on other ships. Even some people who demanded refunds and have received them have been given a free cruise also."

Pollack complained that consumer contact information was not published on the ConsumerAffairs.com site. The site provides such information on request without charge to companies seeking to resolve complaints. Windjammer never requested -- and still has not requested -- such information.

Pollack estimated that 80 per cent of the timeshare investors who were offered cruises have accepted. He added that some have front-loaded the cruises, stretching them to several weeks at a time and often including their families.

"Each individual customer will be satisfied and if a refund of unused cruise time is the only way to satisfy an ‘irate’ customer, then it shall be done."

Windjammer Barefoot Cruises was founded by Mike Burke 56 years ago and is still owned by his family, Pollack said. Although the founder has suffered a stroke and the recent unexpected loss of his 49-year-old son Dan, he still makes regular trips to the Miami office to provide ideas, perspective, and guidance for the firm, the attorney added.

Paul Maskell is chief executive officer, Iris Mayaudon is chief financial officer, and Joanne Cuevas is customer service manager.

Cuevas insisted that ConsumerAffairs.com fax a list of questions to their attention, but she and Mayaudon refused requests for interviews, deferring to the company attorney. Cuevas and Alice Sargent, who was also asked about LaMer, also refused to provide email addresses.

Pollack later provided answers in writing. His claims included:

• Windjammer is not downsizing its fleet. The status of Windjammer’s sailing ships is in flux. Ships age, they require repairs, and Windjammer is currently exploring the sale of some of its vessels and the purchase of new vessels.

• Windjammer continues to sail, book full ships on all its adventures, and looks forward to a solid and prosperous future for the company, the Burke family, and all the thousands of previous satisfied customers and those that will sail with Windjammer in the future, Pollack claimed.

• "Most happy travelers don’t contribute to your website," Pollack griped. "I seek to remedy any of the irate customers that have complained on behalf of my client. We will resolve their complaints on a case-by-case basis."

"Each individual customer will be satisfied and if a refund of unused cruise time is the only way to satisfy an irate customer, then it shall be done," he said.

Pollack said a "huge percentage" of Windjammer’s customers – including timeshare investors and vacationers – are repeaters.

"The company’s intention is always to have satisfied customers who prefer the company’s smaller laid-back adventure cruises," he said. "Any good business wants to stand behind its product and make sure its customers are satisfied. If you can’t get what you want, you should get your money back."

Windjammer’s ships include the S/V Legacy, S/V Mandalay, S/V Polynesia, and S/V Yankee Clipper. Itineraries range from Costa Rica and Panama to the West Indies, French West Indies, British Virgin Islands, St. Vincent & the Grenadines.

But Pollack's claims don't always match the comments of the firm's customers.

"Windjammer says you can go on another of their ships," Robert of Duncans Mills, Calif., said earlier this year. "But why would I want to trade a week on a luxury ship for an equivalent time on an ordinary ship? Perhaps if they made it a 2-for-1 offer, it would be more acceptable. Anyway, is there any possibility of a class action suit in this matter?

"As time goes by and Windjammer suffers cash-flow problems and appears to be getting rid of ships [i.e. Amazing Grace], it appears I may lose my whole investment of approximately $14,000."

A posting from William of Orlando, FL last year said, "My wife and I became buyers of a sea cabin aboard the S/V LaMer, which was to be added to the Windjammer Barefoot Cruises fleet in 8/05. Since our purchase agreement in 10/04, we have communicated, via e.mail, on at least 20+ occasions with minimal response and with literally no information regarding the status of LaMer.

"The questions I have asked on numerous occasions are (1) what is the current status of the refitting of the laMer, (2) what is the current sailing date of the LaMer?, (3) what are the names and addresses of the Board of Directors for the Association De La Mer (which the Disclosures . . . say owners are entitled to).

"I paid $12,000 for a product I have received virtually no communication on and spent many hours on the computer trying to communicate with the manager of the Association De La Mer and Windjammer Barefoot Cruises, with no results!"

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