(CN) – A cruise line unfairly hid its refund policy from a couple who sought a refund after the Sept. 11 terrorist attacks, the Massachusetts Court of Appeals ruled.
Mark and Tara Casavant canceled their trip to Bermuda on Norwegian Cruise Line, set to sail on Sept. 16, 2001. Norwegian refused to give them a refund.
The cruise line normally gave full refunds to customers who objected to a provision in the travel contract.
But Norwegian did not disclose this policy until one year after the cruise was scheduled and two years after it accepted payment.
The trial court ruled in Norwegian’s favor on the Casavants’ claim of unfair trade practices, because the couple never objected to the terms of the contract.
However, the state appeals court said the more important factor was Norwegian’s failure to disclose its full policy.
“Thus, its conduct violated the Attorney General’s regulations which, in turn, constituted an unfair or deceptive practice,” Justice David Mills wrote.
He reversed the lower court’s decision and remanded the case for further action.