Wealthy travelers hoping to live a life at sea on a problem-plagued ‘continuous world cruise’ were gagged from speaking out by intimidating non-disclosure orders – but now legal experts have cast doubt over whether they’d even hold up in court.
The Villa Vie Odyssey is currently stuck at the Harland & Wolff shipyard in gloomy Belfast – the same firm which built the Titanic over 100 years ago.
It should have set sail for Norway in May, but a series of setbacks have left people who spent upwards of $300,000 to purchase a cabin in limbo – questioning how their summer abroad turned into endless nights shivering through Northern Ireland‘s famously gray and rainy weather.
And when Jenny Phenix spoke out about the shoddy treatment she received from the ship’s owners – who banned her from boarding over a series of WhatsApp messages in which she complained about the delay – she was reminded of a non-disclosure agreement she’d signed.
‘Ms Phenix broke multiple terms and conditions and signed a non-disclosure agreement,’ chief executive Mike Petterson said.
But Jamie Wright, founder of Los Angeles based The Wright Law Firm, told DailyMail.com certain parts of that contract – particularly the non disclosure element – might not be ‘received favorably by a court.’
Jenny Phenix, 68, says she was banned from the Villa Vie Odyssey after her WhatsApp messages leaked
The Villa Vie Odyssey is docked at the Harland & Wolff shipyard in Belfast , infamous for building the Titanic more than 100 years ago
She said there are ‘a plethora of issues to take into consideration.’
‘If the NDA wasn’t clearly stated in the contract she initially got and was instead hidden in the terms it could be argued strongly that she was not adequately informed.
‘Courts typically assess whether terms were effectively communicated to the individual before enforcing clauses.’
It is understood hard copy contracts for would-be customers includes a line which stipulates they agree to all the terms and conditions.
Upon further inspection of the terms and conditions – available in full online – there is a confidentiality clause relating to the costs associated with the cruise.
It reads: ‘Resident agrees to keep strictly confidential all information concerning the Purchase Price, the Reservation Deposit and specific details of this Villa, Ship.
‘Resident will not make any disclosure thereof to any third party (other than family residing in the same household, legal, financial and accounting advisors, and potential financing sources).’
Chief executive Mike Petterson and his wife, chief operations officer Kathy Villalba and the woman who informed Ms Phenix her contract was canceled, shared photos from Paris in June (pictured)
Jamie Wright, founder of Los Angeles based The Wright Law Firm, told DailyMail.com certain parts of that contract – particularly the non disclosure element – might not be ‘received favorably by a court’
The confidentiality clause states any breaches will ’cause irreparable and material loss and damage’ which could not be ‘adequately remedied’ by the law or damages.
According to the clause, it ‘survives the termination of this agreement for… two years.’
But the embarrassing saga of the static cruise means that NDA could already be void.
Ms Phenix’s contract was terminated – by the company – prior to ever embarking on the trip.
As such, ‘there may be room for dispute regarding her obligation to adhere to the NDA,’ Ms Wright said.
‘It could be argued that the agreement became invalid along with the termination of the contract.’
Meanwhile Mr Petterson and his wife, chief operations officer Kathy Villalba – who informed Phenix she was off the ship – shared photos from Paris in June while their passengers awaited further updates in Belfast.
The luxury cruise liner has cabins at various price points depending on the size and whether there is a balcony
Attorney Nichole Compton said at first glance, the contract appeared to be like an ‘adhesion contract of a common carrier’, many of which are ‘unconscionable.’
‘Cruise ships, like trains, taxis, airplanes are held to a higher standard,’ she said.
Ms Phenix told DailyMail.com she is back in Florida living at her daughter’s house.
While she’s still disappointed in the outcome of her dream cruise, she has set her sights on a campervan to explore her own backyard.
She’s still disappointed with the cruel treatment she received from Villa Vie cruises, which banned her from embarking on the beleaguered trip of a lifetime on the Odyssey.
‘I didn’t retire to sit in a condo in Florida for the rest of my days,’ she said.
And while she’s vowed to ‘never stop cruising’ – albeit on smaller ships for shorter periods of time – Ms Phenix has a new dream: to see America.
Phenix said she could not understand why she was kicked off the ship
‘I’ve worked my whole life, so my availability to take vacations and travel was quite limited,’ she said.
‘I haven’t even seen the US. The first place I’ll go is the East Coast, see the Fall foliage, visit my son and grandkids in Ohio… the US state parks.
‘There are lots of campfires in my future.’
Speaking of the incident which resulted in her ban, Ms Phenix said she’d voiced her concerns about the delays in a WhatsApp private group chat with other travelers.
Shortly after, she received an email saying she’d been banned from the ship while simultaneously learning she’d been removed from every WhatsApp chat and Facebook group linked to the cruise.
‘It was like an atomic bomb went off,’ she said.
‘I was removed from every aspect of their communication system at the exact same time my termination email was sent.’
What customers have been promised
Villa Vie Residences offers cabins in which travelers can purchase and lie at sea as the ship circumnavigates the globe.
The initial voyage which Ms Phenix had signed up for is scheduled to stop at 425 ports in 147 countries.
Travelers can leave the ship for as long as they like – but they must ‘catch up’ with it at a later port at their own expense when they wish to re-board.
These cabins start at $99,999 in addition to a monthly fee.
The ship includes a gym, spa, swimming pools and entertainment facilities.
One traveler who bought into the cruise ship, Gary Payne, told blogger Emma Cruises the offer was too good to pass up.
Amenities included onboard the ship include access to a swimming pool, a theatre and a gourmet restaurant
Passengers can also enjoy pools, a golf simulator, fine dining experiences and more while on board
Prices, he said, ranged between $100,000 and $300,000 depending on the cabin location and size. Monthly fees on top of that one-off payment start a $2,500 for solo travelers and go up to $7,000 for a room with a balcony.
But that cost is all inclusive, he said, including some alcohol options at meal times.
‘As an owner, my ongoing monthly fees cover everything,’ he said.
‘Wifi, laundry, housekeeping, food, drinks (Including alcohol with meals) gym, basic medical checks, cooking lessons, entertainment, golf simulator, ‘wellness sessions’ and even some volunteering excursions.’
He said the rules stipulated he could come and go on the ship as he pleased, so long as he ‘caught up’ to the ship to re-board at his own expense.
‘Villa Vie have even set up a system whereby if you love a place so much, you can stay longer,’ he said.
‘In exchange for allowing them to rent your room out, you can stay in a home in the area you fall in love with.’
Villa Vie advertises a ‘buyback’ scheme, which according to their website will pay 60 per cent of the total cost if the owner sells it back within a year.
The amount Villa Vie is willing to pay in the buyback drops by five per cent every year until nine years. For owners who sell after nine to 15 years, they’ll be entitled to 15 per cent of what they paid.
There is also a ‘trade-in guarantee’ which accounts for future expansion.
Owners have the ‘flexibility to change ships’ – if and when Villa Vie purchases more ships – or to upgrade their cabin over the life of the ship, which is locked in at 15 years.
Guests can visit and stay in an owners’ cabin with them for $33 a day, Gary said.
Back in February, before the ongoing saga preventing travelers from boarding, Gary said: ‘The other few startups that attempted this never even got a ship. We have the ship. I have a cabin number.
‘It just needs a few weeks in the dry dock to refurbish and refresh, and we’ll be on it.’
