Dear fellow Colleagues in the Sailing Community,
29 November 2004 - 12:23
I am experiencing a problem with a Yacht Servicing Company that I feel is
my moral obligation to inform as many people about, worldwide, as I
can in the hope that my current situation does not happen to
anyone else
My Catamaran Lagoon 470, Kaweskar II, was serviced by a Caribbean Yacht
Works. Minor problems were quickly solved. During its first sea voyage, one of the Max Prop
propellers fell off.
I informed the servicing company about it through Sea Mail, and after following the companys indications, they agreed to reimburse me. Through an unfortunate
coincidence, my hard drive was damaged due to rough sea travel and I lost
these emails. However, that should not have been an issue since this servicing company, being the biggest and most experienced yacht yard in the Caribbean should
have a record of them in their files (you would think so too, wouldn't
you?).
While these proceedings were in progress and had not been yet
finalized, I was informed that the Manager I was dealing with was no longer affiliated
with this particular company and that a new General Manager assuming this position.
After briefing the new GM about my situation, he brings 6 months of negotiations back to zero and overthrows the old Managers decision to reimburse me for the propeller claiming lack of evidence and documentation. Where was the documentation on their side? He said that there wasn't any.
I was left incredibly shocked by his unprofessional attitude and his
acceptance that under his leadership, a company could loose 3-6 months
of communications.
Realizing the possible implications of this for my fellow yachtsmen, I felt urgently motivated to do something about it.
I took my hard drive to many specialists as well as looked at other
options. After six months and many attempts, I am finally able to prove
the existence of these emails. I have prepared a counter letter,
insisting that he reconsider my case
What is the learning experience about my situation?
For fellow sailors believing, as I did, that you can trust prestigious
and apparently serious companies with your yacht, be very careful. First
of all, someone must have authorized the release of my yacht during its
servicing, and overlooked the faulty installation of the propeller.
There was no damage to the shaft and after personally contacting
specialists in this area it can be approximated with almost 100%
certainty, that there was either faulty installation of the pins or the
spacer.
Second of all, obtain all the documentation that is legally
required in order to back you up. I should have not relied on
indications given to me nor written and verbal agreements made between
myself and the General Manager. Instead, I should have printed those
emails and as soon as I reached shore, I should have immediately informed
the appropriate authorities that the propeller had been lost.
An accident can happen to anyone, and you can be left without any proof to
defend yourself. You'll be left high and dry, without a paddle, as I
was.
We all trust our boats and money to these companies. Should they not give the same back?
We all trust our boats and money to these companies. Should they not give the same back?
I want to share my experiences with the yachting community in the hopes
that someone will benefit from them and will take the proper precautions
instead of incurring further unnecessary costs as I have had to do.
We can all agree that we wouldn't want this situation to happen to any other
yacht owner. At the moment, this is an ongoing process and I am awaiting
a response on behalf of this Yard.
Wishing you all smooth sailing,
Alvaro Llompart - Kaweskar II
