Wealthy travelers hoping to live at sea on a hassle-free “world cruise” have been prevented from speaking out because of intimidating secrecy orders. But legal experts have now raised doubts about whether the orders would hold up in court.
The Villa Vie Odyssey is currently moored at the Harland & Wolff shipyard in bleak Belfast – the same company that built the Titanic over 100 years ago.
The ship was originally scheduled to depart for Norway in May, but a series of setbacks has left the country in limbo for people who spent more than $300,000 on a cabin, wondering how their summer abroad could turn into endless nights shivering in Northern Ireland’s notoriously grey and rainy weather.
And when Jenny Phenix spoke out about the poor treatment she received from the ship’s owners – who denied her boarding after a series of WhatsApp messages complaining about the delay – she was reminded of the confidentiality agreement she had signed.
“Ms. Phenix has breached multiple terms and signed a confidentiality agreement,” said CEO Mike Petterson.
But Jamie Wright, founder of Los Angeles law firm The Wright Law Firm, told DailyMail.com that certain parts of the contract, particularly the non-disclosure element, may not be “viewed favorably in a court of law.”
Jenny Phenix, 68, says she was banned from Villa Vie Odyssey after her WhatsApp messages were leaked
The Villa Vie Odyssey is moored at the Harland & Wolff shipyard in Belfast, infamous for building the Titanic over 100 years ago
She said there are “a plethora of issues that need to be taken into account.”
‘If the confidentiality agreement was not clearly stated in the contract she was initially given, but was instead hidden in the terms and conditions, then you could strongly argue that she was not adequately informed.
‘Normally, courts will consider whether the terms have been effectively communicated to the person concerned before enforcing the clauses.’
It is well known that paper contracts for potential clients contain a line stating that they agree to all terms.
A closer look at the terms and conditions (which are fully available online) reveals that there is a confidentiality clause regarding costs associated with the cruise.
It states: ‘The resident agrees to keep all information regarding the purchase price, reservation deposit and specific details of this villa and vessel strictly confidential.
‘The resident will not disclose this information to third parties (except to family members living in the same household, legal, financial and accounting advisors and potential sources of financing).’
CEO Mike Petterson and his wife, COO Kathy Villalba and the woman who informed Ms. Phenix that her contract had been canceled, shared photos from Paris in June (pictured)
Jamie Wright, founder of Los Angeles law firm The Wright Law Firm, told DailyMail.com that certain parts of that contract – particularly the element of confidentiality – may not be “received favorably in a court of law.”
The confidentiality clause states that any breaches will cause “irreparable and material damage and loss” that cannot be “adequately remedied” by law or damages.
According to the clause, “it shall survive the termination of this Agreement for… two years.”
But the embarrassing saga of the static cruise means the NDA could already be null and void.
Ms. Phenix’s contract was terminated by the company before the trip even began.
“So there may be room for discussion about her obligation to abide by the confidentiality agreement,” Ms Wright said.
‘You could argue that the agreement became void upon termination of the contract.’
Meanwhile, Mr Petterson and his wife, COO Kathy Villalba – who told Phenix she was no longer on board – shared photos from Paris in June as their passengers waited in Belfast for further updates.
The luxury cruise ship has cabins in different price ranges, depending on size and whether there is a balcony
Attorney Nichole Compton said the contract appeared on its face to be a “common carrier contract of adhesion,” many of which are “unconscionable.”
“Cruise ships, like trains, taxis and planes, are subject to higher standards,” she said.
Mrs Phenix told DailyMail.com that she is back living in Florida with her daughter.
Although she’s still disappointed with the outcome of her dream cruise, she has her sights set on a camper to explore her own backyard.
She remains disappointed with the brutal treatment she received from Villa Vie Cruises, who banned her from embarking on the besieged voyage of a lifetime on the Odyssey.
“I didn’t retire to live the rest of my days in an apartment in Florida,” she said.
And while she has vowed to “never stop cruising” — albeit on smaller ships and for shorter periods — Phenix has a new dream: to see America.
Phenix said she couldn’t understand why she was kicked off the ship
“I’ve worked all my life, so my opportunities to go on vacation and travel were limited,” she said.
‘I haven’t even seen the US yet. The first place I’m going is the East Coast, see the fall colors, visit my son and grandkids in Ohio… the US state parks.
“There are a lot of campfires in my future.”
Regarding the incident that led to her flight ban, Phenix said she raised her concerns about the delays in a private group chat on WhatsApp with other travelers.
Shortly after, she received an email stating that she had been banned from the ship. At the same time, she was told that she had been removed from all WhatsApp chats and Facebook groups associated with the cruise.
“It was like an atomic bomb going off,” she said.
“I was removed from every aspect of their communications system at the exact moment my termination email was sent.”
What customers were promised
Villa Vie Residences offers cabins where travelers can stay overnight and lie at sea while the ship sails around the world.
The first voyage Phenix has signed up for will visit 425 ports in 147 countries.
Passengers can leave the ship for as long as they wish, but if they wish to rejoin the ship later, they must catch up with the ship at another port at their own expense.
These cabins start at $99,999, plus a monthly fee.
The ship features a gym, spa, swimming pools and entertainment facilities.
A traveler who bought a cruise ship, Gary Payne, told blogger Emma Cruises The offer was too good to pass up.
Amenities on board the ship include access to a swimming pool, a theatre and a gourmet restaurant
Passengers can also enjoy swimming pools, a golf simulator, gastronomic experiences and more on board
Prices, he said, ranged from $100,000 to $300,000, depending on the location and size of the cabin. Monthly fees on top of that one-time payment start at $2,500 for solo travelers and go up to $7,000 for a balcony room.
But that price is all-inclusive, he said, including some alcoholic drinks with meals.
“As an owner, my monthly costs cover everything,” he said.
‘Wifi, laundry, housekeeping, food, drinks (including alcohol with meals), gym, basic medical checks, cooking classes, entertainment, golf simulator, ‘wellness sessions’ and even some excursions for volunteers.’
He said the rules stated that he could come and go from the ship as he pleased, as long as he reboarded at his own expense.
“Villa Vie has even set up a system where you can stay longer if you like a place so much,” he said.
‘In exchange for renting out your room, you can stay in a house in the neighborhood you fall in love with.’
Villa Vie advertises a ‘buy-back scheme’, whereby, according to the website, 60 percent of the total cost is reimbursed if the owner sells the house back within a year.
The amount Villa Vie is willing to pay for the buyback decreases by five percent each year until nine years. For owners who sell after nine to fifteen years, they are entitled to 15 percent of what they paid.
There is also a ‘trade-in guarantee’ that takes future expansions into account.
Owners have the ‘flexibility to change ships’ – if and when Villa Vie purchases more ships – or to upgrade their cabin during the life of the ship, which is set at 15 years.
Guests can visit and stay in an owner’s cabin for $33 a day, Gary said.
In February, before the ongoing saga that kept travelers from boarding, Gary said, “The other couple of startups that tried this never got a ship. We got the ship. I got a cabin number.
“It only takes a few weeks to drydock and refurbish the ship, and then we’ll get to work on it.”