Casavant & another v. Norwegian Cruise Line Ltd.

Plaintiffs brought an action against defendant, seeking a refund of two cruise tickets they purchased and cancelled, and damages under G.L.c. 93A for unfair and deceptive trade practices. The court concluded that the evidence at trial plainly established that defendant violated the Attorney General's travel service regulations in two respects: fist, it failed to disclose the refund policy; and second, having violated the disclosure statement, it failed to refund the payments made by a cancelling customer within thirty days. These violations qualified as unfair or deceptive acts, and they caused plaintiffs a loss: the lack of a prompt refund of the ticket price. The court also concluded that plaintiffs' demand letter satisfied the requirements of G.L.c. 93A, section 9(3). The purposes of the demand letter were sufficiently fulfilled where it constituted fair notice of the claim and enabled defendant to make a reasonable tender of settlement. Accordingly, the judgment for defendant on plaintiffs' claims was reversed and the case remanded for the entry of judgment for plaintiffs and for determination of their damages, reasonable attorneys' fees, and costs.