Scammed By Marathon Tours

Triathlon Forum
1

8/4/2014 I received this email:

I am writing to confirm that we received your application and deposit for the 2017 Antarctica marathon adventure! You are now confirmed on this trip. Please save this email for your records.

I have noted your request for a One Ocean Suite. Please note that due to the sleeping situation in the cabins, the suites are reserved for 2 or more people travelling together, although from your note it seems you are planning on having a travel partner.

We will be in touch as we get further along in the planning process for this year. Feel free to reach out to me in the meantime with any questions. Thank you!

Best Regards,
Megan

Megan Donovan
Marathon Tours & Travel
C-5 Shipway Place
Boston, MA 02129

So when 2 years later I had not heard anything regarding this trip (was in touch with them over other things) I sent Megan an email asking - it bounced. So I emailed other people at Marathon Tours and got this:

Ann passed along your email concerning the 2017 Antarctica Tour. We accepted runners for 2017 based on their booking date and cabin type. The suites (One Ocean and Shackleton Suites) were filled by those who registered before you did. Therefore, I’m very sorry but at this time we do not have a cabin for you. We will put you on the high priority list should a cabin open due to a cancellation and if that does not happen, we will of course prioritize you for 2018.

I then spoke to the company owner who gives me some bull about the number of slots changing - well how come there was no notification of this?

They have had my money this whole time and this is what they pull -

I have planned this trip for the last 2 years - I am a physician so getting the time off for a trip like this is not easy.

Apparently I am 10th on the waiting list so clearly won’t be happening

I put in a complaint on the Attorney General’s site in Massachusetts - any other ideas?

This just sucks and cannot believe they would do this. Clearly I will never give them business and will find another way to run in Antartica - already looked at the ice marathon. I was underwhelmed with their overpriced trip in Paris so they don’t strike me as delivering on their website promises but this goes beyond. It is just plain fraud.

2

Wow - not good. I’ve used them a few times in the past and thought they were pretty good (once for entry into Marathon de Paris and a few times for Boston lodging). This is clearly a mistake on their part. They certainly owe you something more than an apology. I’ll keep this in mind if I ever use them again.

3

You put down a deposit? What are you out of pocket?

4

I was thinking of using them for the Tokyo marathon in a year or so. Please keep us updated. I don’t want to use them if they can’t fulfill their promises.
Good luck

5

That stinks! What’s the purpose of the deposit if it didn’t guarantee you a spot? Not good business at all.

6

wow. you got email confirmation and they’re acting like you never had a spot in the first place?

yeah. apology doesn’t suffice.

7

My sister did this a couple years ago with a group just like this. It took over 2 years on the wait list, for sure. From what I remember though, shortly after her trip, like the year 2015, the company went bankrupt and went into foreclosure. The company had used an old Russian ice breaking frigate that they had converted into a bare bones cruise ship. The Canadian Navy confiscated the boat from the company because it had a lien against it when they came across it in the ocean. Since the bank didnt really want to take care of the boat, and the Canadian Navy not knowing what to do with it either, set it adrift. It made the headlines because supposedly people were concerned about a ghost cruise ship floating around the ocean, probably filled to the brim with rats. The fear was if it hit ground, it would be a vermin infested biohazard. I sort of disagreed, as eventually the rat population would have worked it’s way down to 1 rat if given enough time.

8

I’ve never used them, but it seems that Antarctica is the most specialized and space limited trip you could possibly choose. I would imagine that folks wait for a number of years until their number comes up. Based on the communication it isn’t like they’ve stolen your deposit; but rather that you simply aren’t getting in for 2017. With full understanding and commiseration regarding scheduling time off, I don’t see that you have a compelling complaint here. Best to keep pressing them so that you are among the first to get on board in 2018. And please file a race report because that certainly qualifies as an epic adventure.

9

My sister did this a couple years ago with a group just like this. It took over 2 years on the wait list, for sure. From what I remember though, shortly after her trip, like the year 2015, the company went bankrupt and went into foreclosure. The company had used an old Russian ice breaking frigate that they had converted into a bare bones cruise ship. The Canadian Navy confiscated the boat from the company because it had a lien against it when they came across it in the ocean. Since the bank didnt really want to take care of the boat, and the Canadian Navy not knowing what to do with it either, set it adrift. It made the headlines because supposedly people were concerned about a ghost cruise ship floating around the ocean, probably filled to the brim with rats. The fear was if it hit ground, it would be a vermin infested biohazard. **I sort of disagreed, as eventually the rat population would have worked it’s way down to 1 rat if given enough time.**That’s some deep Lord of the Flies logic right there!

10

I also live in MA, and whenever I have dealt with companies here that have clearly been deceptive and unfair I have written letters of demand to the companies:

http://www.mass.gov/ago/consumer-resources/consumer-assistance/93a-demand-letter.html

I have been successful with both letters I have sent to businesses that have acted deceptively, and received settlement without having to go to court by writing these letters. This will hopefully help you get your money back.

11

Lord Of The Flies?. Nah, he got that from the Bond villain in Skyfall…

12

I’ve never used them, but it seems that Antarctica is the most specialized and space limited trip you could possibly choose. I would imagine that folks wait for a number of years until their number comes up. Based on the communication it isn’t like they’ve stolen your deposit; but rather that you simply aren’t getting in for 2017. With full understanding and commiseration regarding scheduling time off, I don’t see that you have a compelling complaint here. Best to keep pressing them so that you are among the first to get on board in 2018. And please file a race report because that certainly qualifies as an epic adventure.

I’d disagree here. The first line of his email says:

You are now confirmed on this trip.

, with a specific reference to 2017. So while his reservation may carry to 2018 (i.e. You’re right that they haven’t stolen it), they made a promise for 2017.

13

Lord Of The Flies?. Nah, he got that from the Bond villain in Skyfall…

Damn, you’re right. I forgot about that monologue. Probably because I forgot about a lot of that movie.

14

Yeah, I saw that and it’s a crappy situation. But I’m willing to bet that despite that poorly worded e-mail response, that their contractual statements, etc. have a ton of fine print stating that everything is subject to weather, the boat capacity, etc. ad nauseum. Below is from their website regarding the Antarctica marathon and it is clear that a deposit is needed just to request a reservation. Further, the website clearly states that you receive an official confirmation LETTER (not an e-mail) which then requires the big deposit. There is no assertion that the initial deposit = confirmation for a given year. The fact that a company employee writes an e-mail saying confirmed isn’t going to override that very clear fine print. If the OP is only talking about the initial $300 then I still believe he has no case. But I’m no lawyer so maybe one of our ST barristers will join in and correct me.

"Due to the incredible popularity of this event, we are already sold out for 2017 and 2018. We are still accepting deposits for the waiting list for 2017 and 2018 and confirming space for 2019. A completed booking form and a deposit of $300 per person must be mailed to request reservations.

Reservations and Payments: A Tour Application must be completed by each traveler. The initial deposit of $300.00 must be previously received. A second deposit of $2000 per person is required upon your official confirmation letter that includes your ship assignment, cabin type, and travel dates. This payment confirms you on a definite basis. A third deposit of $2000 is due July 1, 2016. The balance of payment is due October 1, 2016."

15

Wow, that sucks. As far as I know I’m confirmed on the 2017 Antarctica trip, but now you have me a little worried (though they did accept my first two post-deposit payments). Wish I could offer some helpful advice, but can’t think of much as at this point it seems the best they probably could do is move you up to the first spot on the waitlist. They’ve told us that final payments are due by October 1, and we’ve already made the first two $2,000 payments, so my guess is that people who haven’t withdrawn yet for 2017 are pretty committed and already have purchased trip insurance so likely would only cancel if some sort of emergency arose that would allow them to cancel at have the costs covered by insurance.

16

They sent him an email specifically stating that we was confirmed on the trip, 3 years in advance. They never contacted him about the situation being changed and they continued to hold on to his money. There is a limit to how much fine print can cover your ass. You cannot be so deliberately deceptive, essentially committing fraud, and say - oh well in section 8, paragraph 12 line 3 of the contract it said your confirmation letter would come in the mail, not email, therefore, fuck off.

17

https://youtu.be/4T2GmGSNvaM?t=40s

…
.

18

In response to the above complaint, one year ago Marathon Tours was asked by the cruise company to reduce the number of cabins available to guests. We needed a couple of extra cabins for their expedition staff for Zodiac drivers and medical staff. Marathon Tours also added additional medical staff for the safety of the runners on race day. Thus, a few participants that were confirmed had to be deferred to a later year or be waitlisted for the current year. Despite the disappointment, most were understanding of the need to conduct a safe event in an inhospitable environment. We always receive cancellations but can never guarantee when we will receive them. Many of those patiently waitlisted are rewarded with a confirmation and eventually an incredible adventure that is wildly popular. After 21 years of conducting this trip, we have learned to adapt to the ever changing demands of our participants and tour operator requirements specific to Antarctica.
Thom
Marathon Tours & Travel

19

In response to the above complaint, one year ago Marathon Tours was asked by the cruise company to reduce the number of cabins available to guests. We needed a couple of extra cabins for their expedition staff for Zodiac drivers and medical staff. Marathon Tours also added additional medical staff for the safety of the runners on race day. Thus, a few participants that were confirmed had to be deferred to a later year or be waitlisted for the current year. Despite the disappointment, most were understanding of the need to conduct a safe event in an inhospitable environment. We always receive cancellations but can never guarantee when we will receive them. Many of those patiently waitlisted are rewarded with a confirmation and eventually an incredible adventure that is wildly popular. After 21 years of conducting this trip, we have learned to adapt to the ever changing demands of our participants and tour operator requirements specific to Antarctica.
Thom
Marathon Tours & Travel

What I think you meant to say was

“Due to circumstances beyond our control as dictated by our cruise company, we have been forced to reduce the number of participants in the 2017 Antarctica tour. We apologize for not providing you with better advance notice that your confirmed reservation cannot be honored. We understand your disappointment. You and others who were denied a place in the 2017 tour are guaranteed a place in the 2018 tour; further information regarding your reservation will be arriving as soon as we finalize the details for 2018. Again, please accept our apologies and our promise to do everything we can to make your 2018 Antarctica tour an amazing experience.”

I’m sure it was just a typo or six, and that you didn’t mean to come across as insulting and condescending.

20

Live in Boston, need me to go knock on their door for you?