Each Settlement Class Member is entitled to seek remuneration in any of the forms identified below for up to five (5) cruise bookings made between January 1, 2010 and February 23, 2018, and is further entitled to seek remuneration in the form of a Gift Card for cruise bookings in excess of five (5) made during that time period. Defendants have agreed to pay remuneration for a portion of any fee denominated by a cruise line as non-commissionable fare, non-commissionable cruise fare, or similarly termed fee or fare (“NCF”), and often referred to by Defendants as port charges or cruise line pass through fees, paid on a cruise booking:
- Cash: 50% of the cash value of the NCF, also referred to by Defendants as port charges or cruise line pass through fees, that a Settlement Class Member paid, returned in cash;
- Exchange Program PlusPoints: 75% of the cash value of the NCF, also referred to by Defendants as port charges or cruise line pass through fees, a Settlement Class Member paid, returned in a converted value of cruise-only Exchange Program PlusPoints, calculated at a rate of 75% of NCF/$0.53 and rounded to the nearest ten (10) Exchange Point increment; or
- Gift Card: 75% of the cash value of the NCF, also referred to by Defendants as port charges or cruise line pass through fees, a Settlement Class Member paid, returned in an ICE-branded gift card that can be redeemed on a website created by ICE.
Each Settlement Class Member who elects to receive cruise-only Exchange Program PlusPoints must elect to use such Exchange Program PlusPoints no later than three (3) years from the Claim Deadline. The cruise-only Exchange Program PlusPoints must only be used to book cruises fulfilled by ICE, and shall expire three (3) years from June 20, 2018.
As injunctive relief, Defendants also agree to adopt and implement the following changes to the Exchange Program, to be effective upon Preliminary Approval:
a. Expanded Point Usage: Defendants will allow Program Members to use Exchange Points as complete payment for all amounts required to purchase a cruise through the Exchange Program, excluding government-imposed taxes and government-imposed fees.
b. NCF Disclosures: For as long as the obligations between Defendants and cruise lines allow, Defendants will include the amount of any NCF within the amount disclosed as “cruise fare” on booking confirmations provided to Program Members. If a cruise line insists on a treatment for any amount denominated as a NCF, or a disclosure to consumer related to a NCF, that is inconsistent with what is described in the preceding sentence, Defendants will no longer be required to include the amount of any NCF within the amount disclosed as cruise fare on booking confirmations provided to Program Members, and Defendants will have fully satisfied their obligations under this settlement by complying with the requirements imposed by the cruise line.
Plaintiffs’ Counsel applied to the Court for a fee award of $4,000,000, plus out-of-pocket expenses of $300,000 (“Fee Request”). You can read the Plaintiffs’ Counsel’s Fee Request here. Defendants reserve the right to object to Plaintiffs’ Counsel’s request for attorneys’ fees to the extent the request exceeds $3,000,000 in attorneys’ fees or seeks costs and expenses in excess of $300,000.
Plaintiffs’ Counsel also asked the Court to approve, unopposed by Defendant, approval of service awards of $10,000 for each Class Representative, which are intended to compensate such individuals for their efforts in the litigation and commitment on behalf of the Settlement Class (“Service Awards”).
In exchange for the above remuneration, Plaintiffs and each Class Member who has not validly and timely requested exclusion from the Settlement shall be deemed to have fully, finally, and forever released any and all claims against Defendants relating to the nature of the lawsuit.