The Mudcat Café TM
Thread #130753   Message #2945996
Posted By: Howard Jones
16-Jul-10 - 03:59 AM
Thread Name: BS: passport withholding
Subject: RE: BS: passport withholding
Penny, if everyone in the world was 100% honest then there would be no need for contracts (or lawyers). The reality is that every commercial arrangement includes provisions in the event of one party defaulting.

Presumably from time to time you've taken out a mortgage or a hire purchase agreement, or rented a car, or bought a mobile phone or an internet contract. I know you've signed a credit card contract. These will all contain clauses setting out the consequences if you default. It's not a judgement about you personally, simply a recognition that some people may default. Surely you accept that is a possibility?

And actually, I don't see that the ship had any responsibility to see that you had funds to get home. It's your responsibility to take out insurance (more terms and conditions, I'm afraid) to cover such eventualities, and perhaps take precautions to ensure that a thief could not steal all your funds. When I travel I always divide both my currency and credit cards, so that if a thief takes one lot I should still have some reserves.

I'm sympathetic to the situation you found yourself in, but you seem to be criticising the ship for helping you out of a situation which was not their fault in the first place, and which they had no responsibility to put right.

I agree however there is clearly something wrong with the wording of the document if it demands that you to make payment in a form and in a place which is both impractical to comply with and which the company does not in practice require you to do. It seems to have been drawn up without proper thought about the actual situations it is likely to be used in.