Cruise Ship Contract
Many cruise ship vacationers fail to realize that their passenger ticket not only features their schedule, but it contains a written contract highlighting the cruise line's scope of liability in terms of the safety and well-being of its passengers. It is the passenger's duty to read and comprehend these provisions in order to protect their legal rights in the event they are injured on a cruise.
The contract states that there are various prerequisites that must be met for a lawsuit to be filed. For example, a passenger must warn the cruise line with a written statement of their plan to file a claim. This window of opportunity is very narrow and may pass in as little as six months for personal injury complaints. If you do not notify the cruise line of your injury during this time and soon discover that it is more serious than you originally believed, you will be out of luck.
The contract also declares that a lawsuit must be filed within one year of the date of the injury. To put it in perspective, the accepted statute of limitations in Florida for other kinds of personal injuries is a much more lenient four years. According to the contract, a lawsuit must be filed in a particular state or city even though the ticket may have been purchased in an entirely different state, or the passenger hails from another country. Lawsuits are typically filed in Miami, FL. The courts often view these contractual bindings to be legitimate.
It is essential that passengers pay close attention to all the terms of the contract and pursue any legal action within the confines of the agreement.
Passenger rights
Each cruise ticket contains disclaimers and restrictions that seem to favor the cruise line, but shockingly, there is hardly any mention of passenger rights at all. For instance, there is nothing regarding the obligations that the cruise line owes its customers or the legal solutions available for passengers who are injured on the ship. It is plausible that a passenger who is unaccustomed to maritime law may wrongly believe that they are not entitled to any contractual rights at all.
Things passengers need to remember
- If you have mistakenly lost or discarded your ticket, request that the cruise line mail or fax you a copy of the dialog found on a regular ticket.
- If you choose to take legal action, keep in mind that the cruise line owes its passengers the implied contractual duty of reasonable care. This means that they are liable for any negligence on behalf of the cruise ship staff like slick decks, faulty ladders, tainted food or drinks, or physical and sexual assault.