The Restis Group has lashed out at the owner of bankrupt German cruise operator for blaming the Greek owner over a charter deal which turned sour.
TradeWinds reports in Friday’s paper edition that Restis has taken legal action against the German group after abruptly ending a seven-year charter and pulling the ship into Piraeus for arrest which swiftly led to Hansa’s Delphin Cruises and associates filing for bankruptcy.
Bremen-based Hansa wasted no time in pointing the finger of blame at the owner of the Bahamas-flagged vessel, which is nominally First Cruise One Corp (FCOC). In a statement on its website on Tuesday the cruise operator revealed it had filed for bankruptcy due to “long-standing contractual disputes” with the Greek owner and “problems with the [charter] contract since the beginning of the relationship”.
Hansa said the owner reneged on contractual obligations regarding upgrading and repair of the ship – which was “executed poorly” - before the charter which it also claimed was delayed by six months.
“Despite all the shortcomings of the owner [it] was not willing to adjust the charter rate accordingly,” the German contended, placing the onus of its beleaguered state on FCOC.
In a strongly worded statement released to TradeWinds on Thursday, however, the Restis Group hit back at the German operator’s “misleading statements” in order “to correct the inaccuracies and to explain the true situation to all [Delphin Voyager] passengers and others affected”.
The Greek wrote: “Hansa would have you believe that the unfortunate events of this week are due to a dispute over the condition of the vessel. This is not the case.
“The owners have always maintained the Delphin Voyager in accordance with their contractual obligations. The real reason is Hansa’s financial difficulties, and in particular Hansa’s repeated failures to pay the owners for the charter of the [ship]."
Restis claimed it has “tried everything [it] can to get Hansa to honour their obligations” including taking the matter to arbitration, meeting Hansa directors repeatedly and detaining the ship on two previous occasions in France.
“On the first occasion, Hansa paid some of the outstandings and the owners released the ship immediately. But Hansa failed to pay the rest of what they promised,” Restis’s statement read.
“On the second occasion, Hansa pretended that the ship had broken down so that her passengers would not worry. The owners stayed silent in order to help. Instead of paying the owners what was due to them, Hansa insisted on a restructuring of their debts to the owners, and the owners reluctantly agreed to make further concessions.”
The Greek claims Hansa failed to honour these promises, instead offering only a “small portion of what was due” and then failing to pay even this.
“It is impossible for the owners to continue to run the service on this basis.”
Restis then effectively wiped its hands of Hansa’s financial travails saying it was not to blame for any insolvency. “The owners truly regret the early termination of the vessel’s cruise. Vacations are not supposed to end this way. However, this unfortunate event is due solely to Hansa’s failure to fulfill their obligations.
“Hansa have said that they have put themselves into insolvency voluntarily. They have done so by their own hands. They have not paid anyone what they owe.”
The Greek alleged that other unidentified trade creditors of the cruise operator were also left out of pocket to the tune of $1.8m leading to a wrongful arrest of the ship.
“Worst of all, Hansa, have abandoned their own crew, unpaid - it turns out - for the last two months,” Restis continued as it emerged the International Transport Workers’ Federation (ITF) have lodged a claim on behalf of the ship’s crew.
Hansa’s statement this week pointed out that, as well as Delphin Cruises, Conpart Hotel Management & Catering-Service GmbH, which manages the hotel operations for both the Delphin Voyager and Heinz-Herbert Hey’s 16,200-gt cruiseship Delphin (built 1975), has also filed for bankruptcy. It expressed optimism, however, that administrators will “develop a sustainable solution for the group”.
