Originally Posted by tomfl
One issue I have not seen mentioned relates to the details concerning how notice of the SIM card change was (or maybe was not) communicated to customers and what the contract
said about a contact address to communicate such details.
In other threads Eric stated they sent it to their PO bOx (or whatever) 12 days before departure.
Originally Posted by WindLove
The way I see it, they used the phone for 2 people blogging for 2 weeks...that's a bunch of data. They don't give away data or minutes. Iridium is $795 for 500 minutes (or close to that). I'm guessing they went through their data big time, and I wouldn't expect the company to just give them free data. Therefore, no case.
Although Eric had many billing issues - related in posts here. This wasn't a billing cut-off.
Originally Posted by maytrix
In this case, its more questionable and probably comes down to what is reasonable. I think its unreasonable to rely 100% on a satellite phone
In the end though who knows what a Jury might decide if it gets to that. Frankly if I was on it, I wouldn't side with Rebel Heart - you make a choice to go out in a boat and away from services..etc you take all the risk that goes with it. It sucks that had the sat phone worked that things might have been fine, but that's the way it goes. Gotta live with the choices you make and results that come from them.
Eric has stated here the he didn't consider the sat phone "emergency" equipment
and he only had it for his "work"
It's been stated that this goes to a jury of non-lawyers. Jury selection would be a nightmare.
One party wants people who hold "big business" accountable. The other party looking for soccer moms who think taking kids
to sea is negligent.
The idea that one can go the the mall, buy a phone, go 1,000 miles off-shore, press speed dial #1 if it "gets to be too much to handle" is disheartening.
Again this isn't about Eric's journey. This is about Eric's loss.
"If the sat phone was working would Eric have lost
But exploring the Sat Phone provider responsibilities - They mailed a new SIM card to the address provided by Eric 12 or more days prior to departure.
What duty does the Satphone provider have for replacement of the SIM card? One month? Two months? Do they have to wait until Eric comes up on grid with the new sim card installed?
Anyone who works in IT knows what it is like to do a system upgrade - there are folks who never do what they are supposed to so you gotta have a cut off date.
Eric states they never communicated the change by email
, but they do communicate billing. If the sat phone company did not notify by email
, I think they should have - it's a gap. But I don't know they had a duty to do so.