The Law of the High Seas

What you need to know about cruise line contracts.

Every cruise line has a contract that appears either in the brochure and/or in the cruise documents provided to passengers two to three weeks prior to sailing. Unfortunately even if passengers do not read the contract or reads it after it is too late to cancel without penalties, the United States Supreme Court, in a case involving Carnival Cruise Lines, found that the contract is binding between the cruise line and passenger.

A typical provision in a cruise ticket contract requires the passenger to file suit in a federal or state court in Dad County (Miami) Florida, and in a few instances, King County (Seattle) Washington or Los Angeles. It does not matter where the passenger lives, but by taking the cruise he or she has consented to have jurisdiction in one of those venues. The Supreme Court has found similar provisions to be binding.

Cruise ticket contracts generally provide that for any claim relating to loss or damage of property, the passenger needs to notify the cruise line within 10 days after the termination of the voyage and commence suit within six months after the termination of the voyage. The passenger specifically waives any rights to a longer period of time that may be allowed by Florida, California or Washington state law.

In the event of a personal injury, illness or death, the passenger is required to give written notice to the cruise line within six months from the day the action occurred and must file suit within one year from the day of the cause of action, regardless of what time frame (statute of limitations) may exist under state or federal law.

Unfortunately, these provisions have consistently been upheld by the courts as a binding contract, even if the passenger never received the information or received it after cancellation penalties would apply if he or she objected to the provisions. There is no signature required by the passenger in which he or she consents to the terms of the contract, which essentially serves as a consumer disclosure notice. The mere fact that a passenger sails on the cruise is determined to show the consent of that passenger to the provisions.

Cruise line ticket contracts also specifically state that the cruise line will not be responsible for any direct or indirect expenses incurred by the passenger for any reason. Those expenses include lodging, meals and transportation, if the passenger fails to board the vessel on time - even if the cruise line has provided the air transportation as part of an air/sea package.

You also need to be aware that the ticket contract specifically allows the cruise line, at any time and without prior notice, to cancel, advance, postpone or deviate from any scheduled sailing or port of call for any reason whatsoever without being liable for any loss whatsoever to the passenger.

While the provisions of these contracts are onerous and clearly one-sided, they have been upheld by numerous courts at all levels.