My husband sent the following to Captain Robert L. Hamilton on what should have been our final day of cruising and learning.
May 27, 2011
Captain Hamilton
Trawler School Charters
Re: Trawler School Refund, May 23-May 27
In light of the fact that you did not return my call after 3 requests to do so, I am compelled to state the problem herein and to notify you that I require an additional refund of $1850.00 (on top of the $1050.00 already received) be sent to my home address as quickly as possible. This is based upon the complete breech of your contract. Please read the entire document to the end and respond.
The trawler is advertised on your web site as “owner operated” and your contract states you or substitute Captain Fred Studwell will be in charge of the vessel. Since Captain Studwell’s name is on the cover of your book, I would assume he is a principal in your business. Without prior notification, you substituted Captain Brian.
Your contract states you, at your sole discretion, may cancel a charter for reasons of malfunction or unsafe conditions. Captain Brian created the unsafe condition. He had the odor of alcoholic beverage about his person when we arrived at 3:00 PM. He seemed startled when I walked up on him at the boat and appeared to be stuffing breath mints into his mouth, leaving white residue at the corners of his mouth for quite some time. He asked why we arrived that early, and I told him we were eager to start learning. He explained he would not be doing any teaching 9 [that evening] as it would disrupt the flow of his lessons. He stated he was going for a hotdog and a beer and directed us to join him at Billy’s when he meant Jimbo’s where he went until we called him. He joined us at Billy’s and ordered a martini. We returned to the boat and departed for the first nights anchorage where the windlass was found to be not in working order. During Brian’s attempt to solve the anchor problem, he discovered the generator failure. We tied up at Capone’s where he ordered a Pinot Noir. He clearly had consumed a significant amount of liquor in 4 hours on Monday evening.
On Tuesday morning we arrived about 9:00 AM and after a planning session for the day’s cruise, we departed the slip. Brian asked us to standby on the deck as he had shown us Monday evening for departure. The attempt to back out of the slip resulted in the right rear corner of the boat tearing boards loose from the dock, and the front of the boat [the pulpit] in the slip immediately west of the Mermaid’s struck the starboard windows of the Mermaid, damaging the snap-on screens. During this ordeal, we, the students, were told to shove the boat off these obstacles. We were supposed to learn how to be deck hands. We did not come aboard with the knowledge and experience to save his boat. The owners of a Rhode Island vessel witnessed the entire departure and probably reported Brian to the Dock Master who, at the end of the day, informed Brian to do better. The witnesses should be contacted regarding Brian’s performance.
Brian continued to drink Tuesday and Wednesday while teaching us, often removing himself to check the engines and returning with a mixed drink. He did, in fact, take the helm during the instruction and while an open container was within reach. Alcohol was strong on his breath as he stood at our shoulders to instruct us. On Wednesday, he was so intoxicated that he became belligerent, misogynistic, racist, and boastful. On two occasions he placed his hands on me in a familiar way I would only tolerate from very close friends. The second time he fell on me from the back to engage, apparently in some kind of camaraderie hug while I stood at the wheel. He caused me to fall into the instrument panel and hold him up for several seconds until he disengaged. Further, he made two remarks about my wife that were very offensive. In the second one, he again leaned upon me in a “buddy” fashion and whispered that “between me and you” he would “turn on the auto pilot and she can talk to Iron Mike.”
The photographs posted on your web site do not represent the true conditions of the trawler as of May 2011. We have photographs of the dried teak floor in the master stateroom, the duct taped water handle in the en suite toilet, the tobacco and/or seaweed in the en suite sink. Captain Brian described the accommodations as “going to camp” and “roughing it.” At the rate of $2,900 for four nights and three full days aboard with room, board, and instruction and in light of the photos posted online, we did not and should by no reasonable means be expected to equate “romantic moonlight” dinners and romantic get-away to “roughing it.” At the very least, we would expect toilet paper—not provided even after requesting it. [My wife] … brought a roll on board myself on Tuesday morning.
Furthermore, the vessel was not in working order: the windlass for the anchor did not work and needed to be replaced; therefore, our abilities to anchor and make the voyage we were promised was not possible, according to Brian who did, in fact, confer with you. Also, the generator could not function until worked upon, a full 18 hours after we were scheduled to board and travel.
In addition, the “dinghy” on board is non-existent. Again, we have photographic evidence of this other bit of false advertising.
For several days, we were inundated with stories as Brian “blew his own horn” and boasted of his qualifications and experience. Please be aware of my background. I am an ex-police officer and recognized as an expert witness in the area of alcohol impairment. I assure you Captain Brian was impaired while in control of the commercial vessel Mermaid with charter passengers onboard. His thoughts patterns became increasingly confused as the hours progressed, and he often lost his train of through [sic: thought]. He also had an alcoholic beverage open beside him while on duty and underway. This is in direct violation of USCG regulation concerning boating while intoxicated and having an open container at hand while on duty.
We did not choose to place ourselves in danger on Thursday for the last day of training, as Brian’s drinking was becoming worse as the week progressed and he felt more comfortable with us which means that we did not fail to show up, your charter service failed to provide the safe environment as stated in your contract.
Four days later, on May 31, 2011, when we were already in the air on our way home, Captain Bob replied:
In response to your email dated May 26, 2011 and per the settlement we both agreed on, we handed you a check in the amount of $1050.00 dated and cashed by you on May 26, 2011. You chose to attend classes for 2 of the 3 days and received all of the Trawler educational classes and hands on training. To our understanding you were very happy with the knowledge you acquired during your charter. We are sorry you chose not to attend the last day. We have never had any complaints about our training, This is our 6th year in business with a long list of happy and satisfied clients.
As a former police officer, you had the opportunity and knowledge to place a call to the appropriate authorities if you believed you were positioned in an unsafe environment. This was not done. Any additional refund is not an appropriate remedy and will not be issued. Please see the Arbitration statement below.
Sincerely,
Captain Robert Hamilton
The Arbitration statement is in your signed contract.
‘All parties to this agreement agree as a term of this charter, that any dispute arising between the parties will be resolved through arbitration, at Broward County, Florida, applying the Florida statutes to any dispute. Each party agrees to pay their own costs of arbitration. Venue and Jurisdiction for any appeal of an arbitration award will be in Broward County, using Florida law.’
All we can add is how curious it is that Captain Bob falls back upon his contract as his defense when he did, in fact, breach his own contract by substituting a captain not named in that very contract. I guess he assumes the contract binds us, but not him.
Caveat Emptor! Let the buyer beware!
I would also add that complaint-free cruising is not entirely true. Captain Bob provided a refund to another couple on board when the generator failed--just before the Court date.
In addition, Captain Bob--the man we contracted with--may be a terrific teacher and captain. He may well deliver excellence in spite of a downtrodden trawler. We wouldn’t know. That man did not show up for us. Captain Brian did.
Tomorrow: About that book, the ABCs of Trawlers, that Captain Bob is so proud of.
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