A Florida couple sued Richard Stockton Rush, CEO of OceanGate Expeditions, in February. They were asking for a refund for a trip to see the Titanic wreck that they claimed they had booked with OceanGate but never happened.

According to the lawsuit, Marc and Sharon Hagle of Winter Park, Florida, signed a contract with Rush to participate in a crewed submersible diving expedition to the RMS Titanic on the Cyclops 2. In November 2016, the Hagles paid a deposit of $10,000 each, which they say they were told was fully refundable.

But after paying a total of $210,258 and having their shipment repeatedly delayed, the lawsuit says they were unable to get a refund. Additionally, he alleges fraudulent inducement and violation of Florida’s Deceptive and Unfair Trade Practices Act.

Rush is aboard the submarine that went missing on Sunday. CNN has reached out to OceanGate for comment on the lawsuit. Florida’s 9th Judicial Circuit online registry shows no response to the lawsuit at this time.

The lawsuit claims the Hagles were each to pay $40,000 “stage compensation 15 days after Cyclops 2 made its first dive, around October 2017 or so.” Under their contract, a final payment of $55,129 each was due on February 1, 2018, approximately four months before their scheduled issuance,” the lawsuit states.

The couple, who were on Blue Origin’s 2022 space mission, became skeptical about continuing the expedition and considered seeking a refund, according to the lawsuit.

He says Rush visited the couple in Florida in 2017 and explained the design of Cyclops 2, as well as details of the expedition and the crew that would pilot the submersible. He also told them that the Cyclops 2 would be ready to dive to the wreckage as planned, in June 2018, the lawsuit adds. The lawsuit claims that Rush confirmed to them at the time that they would receive a full refund if they wanted it.

The Hagles’ lawsuit claims they received a second contract after Rush’s visit that required them to pay the full balance of the shipment, a total of an additional $190,258, which they wired to OceanGate. A month after he signed the new contract and wired the money, Cyclops 2’s name was changed to Titan, according to the lawsuit.

The June 2018 expedition was canceled two months later. The lawsuit alleges the reason given was that OceanGate did not have enough time to do tests certifying that the Titan could reach the depth of the wreckage of the Titanic, according to the lawsuit.

The new expedition was scheduled for July 2019 but was canceled the previous month, first stating that the support ship had refused to participate and later citing “equipment failure”, according to the lawsuit. The Hagles say they were then told the new date for the expedition would be in 2020.

The couple then demanded a refund of the $210,258 they had paid.

The Hagles claim that even though OceanGate’s expedition manager told them the company was working on a “full refund plan,” they received communication from the company asking them to join an expedition in July 2021. According to the lawsuit, if they did not, they would not be entitled to a refund or credit.

The couple is asking the court for restitution of the sums paid, as well as punitive damages.

Contacted by CNN, Hagles’ attorney Ronny Edwards Jr. declined to comment on the ongoing litigation, but said: “More important than the litigation, however, is the safe return of the entire crew of the Titan. .My thoughts and prayers are with the crew and their families.”

CNN’s Ross Levitt contributed to this report