Business
Help! I Couldn’t Take My Tall-Ship Voyage, and I Want My Money Back.
Dear Tripped Up,
Last summer, I booked a five-day sailing trip with Tall Ship Experience, a company based in Spain. For 1,350 euros, or $1,450, I would be a volunteer on the crew of the Atlantis, sailing between two ports in Italy. But eight days before, I had a bad fall that resulted in multiple injuries, including eight stitches to my face that doctors said I could not expose to sun or water. The Tall Ship Experience website clearly states that I could cancel for a full refund up to seven days before the trip. But the company revealed it was just an intermediary and the Dutch organization actually running the trip, Tallship Company, had different rules, under which I was refunded 10 percent. I offered to take credit for a future trip, to no avail. Finally, I disputed the charges with my credit card issuer, American Express. But Tall Ship Experience provided a completely different set of terms to Amex, saying I canceled one day in advance. The charges were reinstated. Can you help? Martha, Los Angeles
Dear Martha,
This story reads like a greatest-hits playlist of travel industry traps: a middleman shirking responsibility, terms and conditions run amok, a credit card chargeback gone wrong, and the maddening barriers to pursuing justice against a foreign company. However, the documentation you sent was so complete and the company’s website so confusing that I was sure Tall Ship Experience would quickly refund you.
Tallship Company did not respond to requests for comments, but did nothing wrong. It simply followed its own terms and conditions that Tall Ship Experience, as a middleman, should have made clear to you. When you canceled, Tallship Company sent back a 10 percent refund to Tall Ship Experience to then send to you.
That’s why I was surprised that the stubborn (though exceedingly polite) Tall Ship Experience spokeswoman who responded to me on behalf of the Seville-based organization argued repeatedly that although she regretted your disappointment, Tall Ship Experience was not at fault. At one point she suggested you should have purchased travel insurance, even as the company scrambled to adjust and update its website as we emailed.
Before the changes, the site contained two distinct and contradictory sets of terms and conditions: one for customers who purchased via the website’s English and French versions, and another on the Spanish version. (Confusingly, both documents were in Spanish.)
The English/French version — the one you had seen — promised customers a full refund for trips canceled more than seven days in advance. The Spanish one is vastly more complex, offering distinct cancellation terms for each ship. The Atlantis offered customers in your situation only 10 percent back.
Enter the stubborn spokeswoman: “The terms and conditions in Spanish correctly reflected the cancellation policy of the ship in the moment the client made the reservation,” she wrote via email. “We are conscious that at the time, the English version of the terms was not updated, which may have generated confusion. However, the official terms of the reservation were applied correctly.”
In other words, customers should somehow know to ignore one contract and seek out another on a different part of the site, both in a language they may not read.
But I am no expert in Spanish consumer law, so I got in touch with two people who are: Marta Valls Sierra, head of the consumer rights practice at Marimón Abogados, a law firm based in Barcelona; and Fernando Peña López, a professor at the Universidade da Coruña in A Coruña.
They examined the documentation and each concluded independently that Tall Ship Experience had violated basic Spanish consumer statutes. When I passed along their convincing points to the spokeswoman and alerted her that you were considering taking the company to Spanish small-claims court, she finally said it would refund you the remaining €1,215.
I felt a bit sheepish about exerting so much pressure on this small company — actually, an arm of the nonprofit Nao Victoria Foundation, which operates several replicas of historic ships — but the company should have taken much more care when it set up its website, Ms. Valls Sierra told me.
“If in your terms and conditions you say that up until seven days before departure you have the right to cancel,” she said in an interview, “and a consumer comes and says, ‘I want to cancel,’ you have to cancel their trip and return their money. They can’t use ‘Sorry, we forgot to put it on one web page, but we put it on another web page’ as an excuse.”
It is a principle of consumer law, she added, that confusing or contradictory contracts are interpreted in favor of the consumer.
The other troubling issue with the website is that you had no way of knowing that your trip was not operated by Tall Ship Experience. There was no such mention I could find on the website, which relies on marketing copy like this: “On board you will learn everything you need to know that will allow you to become one of our crew.”
Dr. Peña López, the law professor, wrote me in an email that “Tall Ship Experience is obligated to inform the consumer about the service it provides in an accessible and understandable manner, clearly indicating whether it is an intermediary.” He added that Tall Ship Experience “clearly” presented itself as the ship’s operator in this case.
As I mentioned, Tall Ship Experience did begin updating its site almost as soon as I got in touch, calling itself a “marketplace” for experiences and posting the correct terms and conditions (in the correct languages) on its English and French pages.
But Tall Ship Experience agreed to a refund only after I sent the company a compilation of the two experts’ legal analyses. “We are dedicated to creating experiences aboard unique boats, and not to legal matters,” came the spokeswoman’s response. “Regardless of which party is correct in this case, we would like to refund the full amount. We look forward to putting this to rest and to focus on continuing to improve customer experiences.”
You also said that American Express had let you down, by taking the company’s word over yours when you contested the charge. It is true that the document Tall Ship Experience sent to Amex (which forwarded it to you, who forwarded it to me), is wildly inaccurate, including only the terms favorable to the company and saying you canceled only one day in advance.
A spokeswoman for American Express emailed me a statement saying that the company “takes into account both the card member and the merchant perspectives.” But travelers should not mistake credit card issuers for crack investigators who will leave no stone unturned in pursuit of travel justice. A chargeback request works best when the problem is straightforward — you were charged more than you agreed to pay, or you never agreed to pay at all. Asking your card issuer to do a deep dive into terms and conditions is a much longer shot.
And as we’ve seen before (and might be seeing in this case) such chargeback requests often anger the companies involved to the point that they refuse to deal with you further.
If all else had failed, as I told you before the company gave in, you could have requested a “juicio verbal,” Spain’s version of a small-claims-court proceeding, via videoconference. It would not have been easy, said Dr. Peña López. Cases under €2,000 do not require a lawyer, but they do require you to have a Foreigner Identification Number, to fill out forms in legal Spanish (A.I. might help) and to find an interpreter to be by your side.
When I finally told you — in our 39th email! — you’d get a refund, you told me you had been “almost looking forward to a Spanish small-claims experience.” I admire your spirit, although I suspect it would have been quickly broken by bureaucratic and linguistic barriers.
If you need advice about a best-laid travel plan that went awry, send an email to TrippedUp@nytimes.com.
Follow New York Times Travel on Instagram and sign up for our Travel Dispatch newsletter to get expert tips on traveling smarter and inspiration for your next vacation. Dreaming up a future getaway or just armchair traveling? Check out our 52 Places to Go in 2025.
Business
Commentary: Trump wants to let companies make fewer disclosures, thus keeping investors in the dark
Trump’s SEC is considering eliminating the mandate for quarterly corporate financial reports, but even some big investors call it a lousy idea.
This being the “information age,” it would be understandable if investors sometimes feel inundated with too much information to wade through about the stocks in their mutual fund portfolios.
The Securities and Exchange Commission, bowing like a puppy to the urgings of President Trump, is considering exactly the wrong solution to this supposed burden. It’s proposing to allow public companies to give their investors less information, as though that’s a good thing.
On May 8, the SEC proposed rescinding its mandate that public companies report financial results on a quarterly schedule. Instead, it suggests, semiannual and annual reports should suffice.
This takes an already-unlevel playing field where Main Street investors are already disadvantaged, and makes it more unlevel.
— Dennis Kelleher, Better Markets
The SEC left its proposal open for public comment for 60 days, meaning the window closed Monday. By then, the agency had received more than 68,000 comments, according to a tracker posted online by accounting professor Tzachi Zach of Ohio State.
Almost 99.9% of the comments were negative. Several organizations of institutional investors and auditing professionals, as well as a tsunami of individual investors, expressed opposition.
A similar initiative the SEC aired in 2018, during Trump’s first term, received an overwhelmingly negative response and was eventually dropped.
The tide of opposition coming from individual investors shouldn’t be surprising. “Taking away basic quarterly information means investors are blind for six months at a time,” says Dennis Kelleher, co-founder and chief executive of the investor advocacy nonprofit Better Markets.
That’s especially true for small investors, though perhaps not so much for major institutions, insiders or deep-pocketed individuals. “If you’re a big dog, you’ll get the information anyway,” Kelleher told me. “And insiders, who are trading in their own stock all the time, will have the information. This takes an already-unlevel playing field where Main Street investors are already disadvantaged, and makes it more unlevel.”
Trump set off the latest initiative with a social media post on Sept. 15, advocating the move to a six-month reporting schedule. It read, in part, “This will save money, and allow managers to focus on properly running their companies. Did you ever hear the statement that, ‘China has a 50 to 100 year view on management of a company, whereas we run our companies on a quarterly basis???’ Not good!!!”
As was usual with Trump, his argument was a string of uninformed and irrelevant non sequiturs.
It’s doubtful that eliminating quarterly reports will save much, if any, money. Most 10-Qs are cookie cutter documents disclosing financial figures already embedded in corporate records.
The idea that managers would become empowered to “focus on properly running their companies” if only they were relieved of the burden of preparing a report every three months is just malarkey: Any CEOs who feel the impulse to drop everything and involve themselves in what is essentially an automated process can’t be very good at their jobs.
As for China’s “50 to 100 year view on management of a company,” what would that even mean, even if it were true? China doesn’t operate on a 50 to 100 year corporate horizon, but rather on a string of five-year plans. The most recent of these was adopted by the government in March, covers the period up to 2030, and is its 15th in a row.
Despite the flaws in Trump’s arguments, Trump’s SEC Chairman Paul Atkins, a former corporate lawyer and securities industry consultant, fell into line. Within a few days of Trump’s post, he showed up on CNBC to minimize the potential effect of the change. Private companies rely on semiannual reports, after all, he noted, although the idea of taking private companies as models for publicly traded corporations might not strike experienced investors as the wisest thing.
Atkins cited an enduring chestnut, for which there’s no evidence, that quarterly reporting is responsible for “short-term thinking” in corporate suites (though he admitted that his evidence was “anecdotal”). And he suggested that small investors have ample access to corporate information even without quarterly reports — why, he said, they can just tune in to CNBC!
“To propose change in what our rules are now would be a good way forward,” he said. “So I welcome the president’s putting this up for discussion.”
Something more insidious undergirds the SEC’s proposal than its immediate effect on corporate behavior. The agency rationalizes its proposal as seeking “a tradeoff between reducing regulatory burdens … and promoting efficient financial markets through timely disclosure.”
The problem here, Kelleher points out, is that “reducing regulatory burdens” isn’t part of the SEC’s mission in any way, shape or form. It’s a regulatory agency, and its mission since its founding in 1934 has been to protect investors, not to make things fluffier for stock issuers.
The history of financial disclosure in the U.S. shows a long-term trend favoring more disclosure, not less. In the 1880s, quarterly reporting by railroads and other transportation companies were common.
Early on, pressure for more frequent disclosure came not from government regulators, who barely existed before 1934, but from investors. The reporting of quarterly earnings, notes corporate finance expert Owen Lamont of Acadian Asset Management, was “a bottom-up historical phenomenon reflecting voluntary arrangements between firms and investors, not a top-down phenomenon imposed by law.”
By 1931, according to financial historians, 63% of New York Stock Exchange-listed firms were publishing their quarterly earnings. The Big Board mandated that frequency for most listed companies in 1939. The SEC mandated semiannual reports in 1955 and quarterly reports, as Atkins said, in 1970.
The evidence in favor of dropping the quarterly reports is uniformly thin. Some advocates cite a 2018 op-ed in the Wall Street Journal by JPMorgan Chase CEO Jamie Dimon and Warren Buffett that was headlined “Short-Termism Is Harming the Economy.”
Couple of points about this: First, the target of Dimon and Buffett wasn’t quarterly financial reporting, but quarterly earnings guidance — that is, the practice of some top executives who project their earnings into the future. (This guidance usually comes at the same time they issue their SEC disclosures.)
It’s guidance, they wrote, that is “a major driver” of short-termism in corporate behavior. That’s because management is giving itself a target it feels obligated to meet, even if factors outside its control interfere with the quest.
Furthermore, Dimon and Buffett wrote, “Our views on quarterly earnings forecasts should not be misconstrued as opposition to quarterly and annual reporting.” They called transparency about financial and operating results “an essential aspect of U.S. public markets … so that the public, including shareholders and other stakeholders, can reliably assess real progress.”
Individual investors may be unmoved by the SEC’s proposal because — let’s be candid — how many of them read quarterly earnings reports, anyway? But that’s unimportant, Kelleher says, because other market participants are reading them. “So that information is in the marketplace, and that’s what actually enables price discovery, so stock prices roughly reflect what’s going on at a company, most of the time.”
More to the point, the quarterly reports reflect the highest-quality, detailed information, the information the SEC requires executives to disclose on pain of facing a civil lawsuit from the agency or even criminal liability for faking data. “Main Street investors, whether they read quarterly reports or not, are the real beneficiaries,” Kelleher says.
That’s so. The bottom line is that quarterly financial reporting helps investors. It doesn’t promote short-term behavior and its costs, modest as they are, don’t outweigh its benefits.
Over the decades, scandal-ridden corporations have hidden fraudulent behavior in the interstices between mandated disclosures—think Enron, WorldCom and Tyco, among others. Why give any corporation, even an honest one, the opportunity to disclose less?
Business
Fire-damaged Pacific Palisades shopping center sets reopening date
The luxury shopping center in Pacific Palisades will reopen next month after more than $100 million in renovations forced by the January 2025 wildfire that devastated the Los Angeles neighborhood.
Palisades Village will reopen Aug. 15, owner Rick Caruso announced Wednesday. The outdoor center survived the blaze that destroyed homes and other businesses but needed refurbishment to eliminate contaminants that the fire could have spread.
Crews are putting finishing touches on mall buildings after tearing them down to the studs, treating the wood and rebuilding the walls, Caruso said.
“Everybody’s working, and stores are moving their products in,” he said. “It’s a really cool feeling that people have really locked arms and are working together.”
An electrician installs lighting for a restaurant at Rick Caruso’s Palisades Village on Thursday. The shopping center is scheduled to reopen mid-August.
(Myung J. Chun / Los Angeles Times)
Pacific Palisades resident Allison Polhill, who is rebuilding the home of 30 years that her family lost in the blaze, said she is “thrilled” at the prospect of returning to the mall she used to frequent. Its comeback is a boost for the community, she said.
“Every single step that we make to reopen our commercial corridors is going to bring more people back into the Palisades,” said Polhill, who expects to move back into her home at the end of August.
A total of 6,822 structures were destroyed in the Palisades fire, including more than 5,500 residences and 100 commercial businesses, according to the California Department of Forestry and Fire Protection.
Caruso previously attributed the mall’s survival to the hard work of private firefighters and the fire-resistant materials used in the mall’s construction.
The $200-million shopping and dining center opened in 2018 with a movie theater and a roster of upmarket tenants, including Erewhon, which may be the only grocer in the heart of the fire-ravaged neighborhood when it opens.
Caruso’s company was able to fill the mall with tenants despite the long shutdown.
Palisades Village is 99% leased, with the majority of tenants returning, said Jackie Levy, chief financial and revenue officer. Nearly one-third of the shops and restaurants are new to the property.
A firefighter carries a hose back to his rig while walking through a destroyed home from the Palisades fire in Pacific Palisades on Jan. 7, 2025.
(Genaro Molina / Los Angeles Times)
Last year, Pacific Palisades-based fashion designer Elyse Walker said she would reopen her eponymous store in Palisades Village after losing her 25-year flagship location on Antioch Street to the inferno.
Other neighborhood shops destroyed in the fire that are reopening at the mall include K Bakery and Loomey’s Toys, which caters to children up to age 12 and used to be across the street from Palisades Elementary Charter School.
“It’s been a journey and I’m excited because I wasn’t sure that there was going to be a place to come back to,” said toy store owner Amanda Rastegar. “Hopefully we can bring some of that magic back.”
Rastegar’s home in the Palisades survived but was damaged by the fire. The family returned about eight weeks ago. Her last memory of the fire was a burning supermarket.
“I just couldn’t wrap my brain around what was happening,” she said. “By the time I left, Gelson’s was on fire.”
Among the returning tenants is Angelini Ristorante & Bar. Well-known Los Angeles chef Gino Angelini said he will be in the kitchen next month for a return of the Italian restaurant.
“We won’t do a big celebrity open,” he said. “We want to have a very soft opening and see our customers come back.”
Construction takes place at Rick Caruso’s Palisades Village on Thursday. The shopping center is scheduled to reopen mid-August.
(Myung J. Chun / Los Angeles Times)
An elaborate celebration would not feel “correct for me,” Angelini said, because the devastation has been “very sad” for so many.
Other new tenants include local chef Nancy Silverton, who has agreed to move in with a new Italian steakhouse called Spacca Tutto. Women’s activewear retailer LESET will open its first West Coast location.
Caruso said he is optimistic that customers will return to the center, even though many Pacific Palisades residents are still dispersed. One tracking system estimated that about 30% of the Village’s customer base was impacted by the fire, he said.
“That means 70% did not get impacted, so there’s a lot of customers still left out there,” Caruso said. Historically, the center drew customers from as far away as Beverly Hills and Calabasas, as well as Malibu, Brentwood and Santa Monica.
He also hopes many will be inspired to visit the revived mall.
“I believe in the goodness of people and I believe that people are going to want to support the Palisades,” he said. “They’re going to want to be there and support the businesses that have had the courage and the heart to reopen.”
Business
Walmart’s EV chargers are coming to California with discounts for members
Walmart is rapidly expanding its network of electric vehicle chargers designed for customers to use while they shop.
The network could help fill gaps in EV infrastructure in states with greater need for chargers. Walmart, which has more than 5,000 locations in the U.S. and hundreds in California, says more than 90% of Americans live within 10 miles of one of its stores.
The chargers also offer an incentive for customers to choose Walmart — Walmart Plus members will receive a 10% discount off an average price of $0.46 per kilowatt-hour of energy at the company’s chargers.
Walmart chargers are already available at more than 75 locations in 17 states, with Texas boasting the most charging stations, followed by Florida and Arizona.
Matthew Nelson, Walmart’s director of energy policy, said last week on LinkedIn that the network will soon reach 29 states, including California.
“We are delivering on the promise of affordable, reliable and convenient charging,” Nelson said in his post.
According to Walmart’s website, six charging stations are coming to California soon, though the company did not offer a specific timeline.
The chargers will be installed at stores in Antelope, Brea, Fresno, Stockton, Suisun City and Vallejo.
Most charging sites in California will include eight to 16 fast-charging stalls, said Walmart spokesperson Kelsey Bohl.
The company first announced plans in April 2023 to install its own EV chargers at Walmart and Sam’s Club stores, with a goal of installing thousands of chargers by 2030. Partnering with ABB E-Mobility and Alpitronic, it added 25 new charging sites this past May and six more in June.
“Walmart is building a leading retail-integrated EV fast-charging network, focused on delivering an affordable, reliable and convenient charging experience where customers already shop,” Bohl said in an emailed statement. “Customers can charge while they shop, access stations through the Walmart app they already use, and benefit from affordable pricing.”
The charging stations already available include 612 individual charging stalls using 400-kilowatt chargers. Each stall has a dual charging cord with both Combined Charging System and North American Charging Standard connectors. The standard connectors, designed by Tesla, are smaller and lighter than the combined systems.
The primary way to pay for the chargers is through the Walmart app, but the company is also experimenting with built-in credit card readers to allow those without the app to use the stations.
Customers can check charger availability on the Walmart app. The company said the chargers will be available 24 hours a day.
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