Wealthy travellers hoping to live a life at sea on a trouble-plagued “non-stop world cruise” were prevented from speaking out by intimidating secrecy orders, but now legal experts have cast doubt on whether they would even hold up in court.
The Villa Vie Odyssey is currently stuck at the Harland & Wolff shipyard in shadowy Belfast, the same company that built the Titanic over 100 years ago.
It was due to set sail for Norway in May, but a series of setbacks has left the people who spent more than $300,000 to buy a cabin in limbo, wondering how their summer abroad turned into endless nights shivering in Northern Ireland’s famously grey and rainy weather.
And when Jenny Phenix spoke about the poor treatment she received from the ship’s owners – who banned her from boarding because of a series of WhatsApp messages complaining about the delay – she recalled a confidentiality agreement she had signed.
“Ms. Phenix breached multiple terms and conditions and signed a confidentiality agreement,” said CEO Mike Petterson.
But Jamie Wright, founder of Los Angeles-based The Wright Law Firm, told DailyMail.com that certain parts of that contract, particularly the confidentiality element, might not be “received favorably by a court.”
Jenny Phenix, 68, says she was banned from Villa Vie Odyssey after her WhatsApp messages were leaked
The Villa Vie Odyssey is docked at the Harland & Wolff shipyard in Belfast, famous for building the Titanic over 100 years ago.
He said there are “a plethora of issues to consider.”
‘If the confidentiality agreement was not clearly stated in the contract you initially received and was instead buried in the terms, it could be strongly argued that you were not adequately informed.
‘Courts typically assess whether terms were effectively communicated to the individual before enforcing the clauses.’
It is understood that printed contracts for prospective clients include a line stipulating that they accept all terms and conditions.
Upon closer review of the terms and conditions (available in full online), a confidentiality clause relating to the costs associated with the cruise appears.
It reads: ‘Resident agrees to keep all information regarding the purchase price, reservation deposit and specific details of this villa or boat strictly confidential.
‘The resident will not make any disclosure of such information to any third party (except to family members residing 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 Phenix that its contract was cancelled, shared photos from Paris in June (pictured)
Jamie Wright, founder of Los Angeles-based The Wright Law Firm, told DailyMail.com that certain parts of that contract, particularly the confidentiality element, might not be “received favorably by a court.”
The confidentiality clause states that any breach will “cause irreparable material loss and damage” that cannot be “adequately remedied” by law or by damages.
According to the clause, “it will survive the termination of this Agreement by… two years.”
But the embarrassing saga of the static cruiser means the NDA could already be void.
Ms. Phenix’s contract was terminated by the company before she embarked on her journey.
“There may therefore be room for disputes regarding their obligation to adhere to the NDA,” Wright said.
‘It could be argued that the agreement lost its validity along with the termination of the contract.’
Meanwhile, Mr Petterson and his wife, operations director Kathy Villalba, who informed Phenix he was off the ship, shared photos from Paris in June as their passengers awaited further updates in Belfast.
The luxury cruise has cabins of different prices depending on size and whether they have a balcony.
Attorney Nichole Compton said that at first glance the contract appeared to be like a “common carrier adhesion contract,” many of which are “unconscionable.”
“Cruise ships, like trains, taxis and airplanes, are held to higher standards,” he said.
Ms Phenix told DailyMail.com she has returned to Florida and is living at her daughter’s home.
Although she’s still disappointed by the outcome of her dream cruise, she’s set her sights on a camper van to explore her own backyard.
She is still disappointed by the cruel treatment she received from Villa Vie Cruises, who banned her from embarking on the beleaguered voyage 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 though he has vowed to “never stop sailing,” albeit on smaller boats for shorter periods of time, 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 availability for vacations and travel was quite limited,” he said.
‘I haven’t even seen the United States. The first place I’m going to go is the East Coast, to see the fall foliage, visit my son and grandchildren in Ohio… the state parks of the United States.
‘There are many bonfires in my future.’
Speaking about the incident that resulted in her ban, Ms Phenix said she had raised her concerns about the delays in a private WhatsApp group chat with other travellers.
Shortly after, she received an email informing her that she had been banned from the ship and at the same time learned that she had been removed from all WhatsApp chats and Facebook groups linked to the cruise.
“It was like an atomic bomb had exploded,” he said.
‘I was removed from every aspect of their communication system at exactly the same moment they sent my termination email.’
What has been promised to customers
Villa Vie Residences offers cabins that travelers can purchase and relax at sea while the ship circumnavigates the world.
The initial voyage, for which Phenix had signed up, is scheduled to call at 425 ports in 147 countries.
Travelers may leave the ship for as long as they wish, but must “catch up” at a later port at their own expense when they wish to re-embark.
These cabins start at $99,999 plus a monthly fee.
The ship includes a gym, spa, swimming pools and entertainment facilities.
A traveler who bought the cruise, Gary Payne, told the blogger Emma Cruises The offer was too good to pass up.
Amenities included on board the ship include access to a swimming pool, a theater and a gourmet restaurant.
Passengers can also enjoy swimming pools, a golf simulator, fine dining experiences and more while on board.
Prices, he said, ranged from $100,000 to $300,000, depending on location and cabin size. Monthly rates, plus that one-time payment, start at $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 a landlord, my monthly payments cover everything,” he said.
‘Wifi, laundry, housekeeping, food, drink (including alcohol with meals), gym, basic medical checks, cooking classes, entertainment, golf simulator, ‘wellness sessions’ and even some volunteering excursions.’
He said the rules stipulated that he could enter and leave the ship as he pleased, as long as he could “catch up” to the ship to reboard at his own expense.
‘Villa Vie has even set up a system where if you really like a place, you can stay longer,’ he said.
‘In exchange for letting them rent out your room, you’ll be able to stay in a house in the area you love.’
Villa Vie is advertising a “buy-back” plan that, according to its website, will pay 60 percent of the total cost if the owner sells it within a year.
The amount Villa Vie is willing to pay to buy back the property is reduced by five percent each year until nine years have passed. Owners who sell after nine to fifteen years will be entitled to receive fifteen percent of what they paid.
There is also an “exchange guarantee” that provides for future expansion.
Owners have the “flexibility to change boats” (as long as Villa Vie buys more boats) or upgrade their cabin during the life of the boat, which is set at 15 years.
Guests can visit and stay in the owners’ cabin for $33 a day, Gary said.
In February, before the saga that kept travelers from boarding unfolded, Gary said: “The few other startups that tried this didn’t even get a boat. We have the boat. I have a cabin number.
‘It just needs a few weeks in dry dock to renew and refresh itself, and we’ll be on it.’
