When a venerable travel agency
seeks protection under chapter
seven of the bankruptcy code, the
shock waves rumble worldwide.
That's exactly what happened
when Carl Roessler decided to
dissolve See & See Travel after a
failed last-minute effort to bail his
agency out of financial doldrums.
His decision came Saturday,
April 26, Roessler told me. For
the next five days his staff shipped
airline tickets to clients, forwarded
money to boats, and did what they
could to see that their customers
would get the trips they had
signed up for. He closed his doors
Wednesday, April 30, and handed
over his keys to the bankruptcy
referee on May 15.
Who Pays?
As I write this story on May 17,
it's too soon to know the entire
fallout, but certainly not every
traveler will come out whole.
Typically, See & Sea required a
trip down payment equivalent to
its commission, which it used for
operating expenses. Later, when
the client made another payment,
it would get passed on to the boat.
When See & Sea closed, it kept
clients' down payments and
instructed clients who had yet to
pay the full amount to contact
their boats directly.
Roessler believed that all
boats should be willing to take the
remainder of the client's payment
and run the trip because the
amount was equivalent to what the
boat would get anyway. True
enough, but it required good faith
on the boat owners' part, since
they were under no legal obligation
to do what Roessler hoped for. Furthermore, some clients have
complained that they didn't get
the booking service they paid for
with their commission.
Still, as far as we can tell, most
people will get their planned trip --
though some will pay more. One
Undercurrent subscriber has found
that Greg Lawlor, who runs the
Sere-ni-Wai in Fiji (now with
Aggressor Fleet), is uncertain that
he will accept the amount See &
Sea would have provided for a
charter. Another reader finds the
Thorfinn unwilling to accept the
price, less the discount paid See &
Sea. Further, he says he'll have to
pay the Truk Continental a second
time (he prepaid See & Sea), but
he had no problem with Ocean
Hunter and Manta Ray Resort.
Readers Myron and Mercedes
Johnson had prepaid a trip on an
Aggressor. Three days after See &
Sea closed, the boat had not been
paid, nor had the Johnsons
received their Air Fiji tickets.
They were justifiably concerned,
but a week later the tickets
arrived and the Aggressor notified
them that See & Sea had paid.
Roessler, who turned over the
keys to the bankruptcy referee on
May 15, said there is still money
in the corporation, so creditors
ranging from Paul Humann to
Skin Diver magazine will be in line
at the bankruptcy court to get cents
on the dollar. Roessler said that
he himself is the largest creditor.
Outcompeted by Technology
So what happened? For 30
years, San Francisco-based See &
Sea Travel specialized in high-end
dive travel, focusing on live-aboard
boats. Roessler carved his niche
by insisting on exclusive wholesale
booking rights, taking as commission
up to one-third of the price.
In return, he spent a whopping
amount -- up to a quarter of a
million dollars annually -- to
advertise the vessels in magazines,
visit trade shows, and print
high-priced brochures. To support
that marketing and booking
role, boats referred potential
customers to See & Sea.
Because his boats were
scattered around the world, far
from the American market, and
owned by separate individuals,
Roessler's design held for years.
Without faxes, satellite phone
service, and e-mail, boat owners
were beholden to See & Sea.
The first threat to exclusivity
came as the Aggressor Fleet
expanded and became its own
booking agent. Nonetheless, See
& Sea remained strong -- until
the Gulf War brought a general
reluctance to travel. The resulting
flood of cancellations affected
him financially, and debt mounted
as he continued to advertise.
Then came the technological
spurts of the last five years, and the
order-taking role of travel agencies
and wholesalers began to evaporate.
Though Roessler remained
highly respected for his honest
advice and See & Sea operated as
a solid professional operation
(though deteriorating, some
thought), that wasn't enough.
In December, Fiji's Nai'a, one
of See & Sea's premier boats, told
Roessler they could no longer
grant him exclusive booking
rights. According to Nai'a partner
Alexis Edwards, See & Sea was
unable to keep their boat full, so
they offered Roessler eight
exclusive trips, allowing others to
be booked directly or through
other agencies. Soon, the Undersea
Hunter (Cocos Island) and the
Ocean Hunter (Palau), which are owned by Yosy Naa'man and Avi
Klapfer, edged away from exclusivity.
With these three boats representing
40 percent of See & Sea's
business, the squeeze was on.
An Attempt to Survive
While See & Sea was a slightly
profitable business, it carried a
great deal of debt. To survive,
Roessler created a plan to merge
See & Sea and the three boats into
a single corporation, with all the
principals having a share. Roessler
told me that after he had fashioned
the plan, he was "high as a kite" with
hope that it would work for everyone.
On April 26th the principals
would meet to discuss it.
Alexis Edwards and her partners
spent five days before the
meeting trying to figure out how
to make it work for them. They had
two boatloads of people traveling
with them in May for which See &
Sea owed them $61,900 (as well as
bookings either partially or fully
paid to See & Sea well into 1998).
The only hope they had of getting
their money, she told me by
phone from Fiji, was to bring the
parties together.
"I really like Carl," she said,
"and we did everything we could
to save the business and save our
money." But See & Sea debt from
1994 and earlier -- in the upper
six figures -- was just too great to
assume. By rejecting the deal, they
left their $61,900 on the table.
In retrospect, says Edwards's
partner Colby Jones, "Had I
known at that moment the depth
of Carl's financial problems, we
could have saved the $300 for the
conference call [between Klapfer
in Israel, Naa'man in Costa Rica,
and Edwards in Fiji, May 13], the
$15,000 for the exploration, and
several weeks out of our lives."
Roessler told me that "in this
business we don't make money
like Silicon Valley. I thought the
divers in the room wanted to
make it happen, but harder heads
prevailed," he said. The deal
didn't happen and "it blew me
away." Under the circumstances,
Roessler told me, "it was as clear
as it could be" that he had to shut
down. Edwards confirmed that in
their meeting Roessler concluded
he would go out of business.
They ended the meeting by
sending a letter, signed by
Roessler, Naa'man, and Edwards,
to all See & Sea customers who
held bookings, asking them to
send the balance on their account
directly to the boats. They agreed
to accept all bookings. As Edwards
told me, "We only have our
reputation to go on. In a few
years, people won't remember
that See & Sea went out of business,
but they will remember
whether we took them."
See & Sea began getting calls
Monday. While some people got through, most heard the message
of See & Sea's closure on the
answering machine.
Requiem for an Agency
Roessler called the end of See
& Sea "a shattered dream and a
damn shame." His relationship
with clients was "based on absolute
trust. They sent us big checks
and we delivered. I tried to
protect everyone's vacation, and if
they take the information we gave
them and the boats run the trips
as promised, everyone will get
their vacation."
As far as bankruptcies go,
there are few winners, but most of
See & Sea's clients were fortunate.
For some people, their vacation
will cost them more time and
money than it should, yet most, it
seems, will be satisfied. Some
people who paid by credit card
have contacted their credit card
companies trying to get their
money back. Furthermore, See &
Sea was registered under the
California seller-of-travel laws, so
California residents may file
refund claims with the Travel
Consumer Restitution Corporation
(415-924-1881).
As for Roessler, he hopes to
offer private travel consultancy to
old clients and new ones. He has
already talked to many boats
about fee arrangements. He
personally owns his Web site and
will use that as his marketing link
to the world.
Ben Davison