The cruise contract — the legal agreement between you and your cruise line — is always worth reviewing before you set sail. But at least one cruise line is making its passengers sign the contract before they board. And if they don’t? No cruise.
That’s what happened to R.J.Pazara before boarding Celebrity’s Azamara Journey in Miami. “The contract had to be signed before embarkation or you were not allowed on board,” he says.
So Pazara decided to review the contract. Among the highlights:
3. No undertaking or warranty shall be given or shall be implied as to the seaworthiness, fitness or condition of the Vessel or any food or drink supplied on board.
4. Any medical personnel, masseuse, hair stylist, manicurist or other service providers on board the Vessel or on Transport are provided solely for the convenience of Passenger. Such persons are independent contractors and not acting as agents or representatives of Carrier. Carrier assumes no liability whatsoever for any treatment, diagnosis, advice, examination or other services provided by such persons. Passenger shall pay for all medical care requested or required, whether aboard or ashore, including the cost of any emergency medical care or transportation incurred by Carrier.
6. Carrier may for any reason, at any time and without prior notice, cancel, advance, postpone or deviate from any scheduled sailing or port of call, or substitute another vessel or port of call, and shall not be liable for any loss whatsoever to Passenger by reason of such cancellation, advancement, postponement, substitution or deviation.
11. IT IS AGREED BY AND BETWEEN PASSENGER AND CARRIER THAT ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS CONTRACT SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE A COURT LOCATED IN MIAMI, FLORIDA, U.S.A., TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE, TERRITORY OR COUNTRY. PASSENGER HEREBY WAIVES ANY VENUE OR OTHER OBJECTION THAT HE MAY HAVE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN ANY COURT LOCATED IN MIAMI, FLORIDA.
In other words, Celebrity (which is owned by Royal Caribbean) doesn’t stand behind the seaworthiness of its ships, the condition of its vessels, the food or the drink. It doesn’t stand behind the medical care or spa treatments. It doesn’t even guarantee the itinerary it sold you. And if you want to sue it, you have to travel to Miami.
“This seems to be the ultimate in cruise industry arrogance,” says Pazara. “How on earth can a major international company like Royal Caribbean International be allowed to say that they do not bear responsibility for their own basic product?
It’s been a while since I’ve read a cruise contract in its entirety, but I recall the clauses about itineraries and courts. The rest — relating to seaworthiness, food, drink and medical care — are new to me.
Cruise lines update their contracts all the time, and they could have just slipped these new provisions in without anyone noticing. But by forcing its passengers to sign the contract before boarding, Celebrity has drawn unwanted attention to what is, for its customers, a very bad contract.
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{ 6 comments… read them below or add one }
they’re just trying to scare off the rif-raff – put the onerous provisions in the contract and you scare off the casual claimant.
Who is there from Celebrity – RCCL to execute the contract on their behalf? You see, if you sign it, who signs it for RCCL? Certainly the attendants they have at the cruise ports are not corporate officers who have the authority to bind the company. While they can claim that they agreed to the contract simply by transporting you, they cannot claim that they made you execute the contract as a condition of sailing since, well, they are not executing it and under Florida law, if they do not sign it- it ain’t valid.
All this does is confirm my choice to not take packaged travel. Not cruises, not tours, not air inclusive travel anywhere. Corporate America has run amok.
Their clauses are like the Doctor asking you to sign a waiver disclaiming any skill in the procedure he is about to perform: “Doctor makes no assertion that he is a competent physician or that he can successfully perform or has performed in the past the treatment patient is consenting to.”
I do not think it is possible for the cruise line to disclaim a warranty that the ships are seaworthy. Be like an airline claiming that there is no warranty that the airplanes are airworthy. The certificate of public convenience and necessity and license under Part 121 of the federal aviation regulations requires that the aircraft meet certain standards – the maritime regulations say the same thing. They cannot contract away those rules and in fact, trying to do so is so overreaching that it may, under the consumer protection doctrine of most states, invalidate the entire liability disclaimer for violation of public policy. You can go too far.
I have sworn off corporate vacations, you are just a number. Wanna have a really good time with the family? You’ll spend only 10% more – if you want to go to the Caribbean – pick an island. Find a house or apartment to rent from a human being – they have a vested interest in their property – they want your business and want you to have a great time. Then buy your airfare separately – book a car through the person you rent the house from – they know people and you’ll get a good deal with service.
In 2005 my family rented a house in Lahaina, Maui with a pool for just a little more than us renting 2 condo units – we had privacy a pool and a spa. And friendly neighbors. Right in town. Airfare cost the same- and we rented a car from a local company that was waiting for us with the car right outside baggage claim – we just got in the car and drove off.
In 2006, we did the same thing on St. Maarten – a privately owned apartment with marble floors, full kitchen, full 180degree view of the beach = across the street. Same price as a tour or all inclusive. Same deal with the car- local guy who rents an extra vehicle – picked us up right at baggage claim and we drove off. We called when we left.
Sure – it takes a little work to find these places – but its a lot more fun that standing around the airport waiting for 1500 of your closest friends to arrive so the bus to the ship can leave. . ..
The “contract” isn’t really a real contract, but a “contract of adhesion.” In such situtations, most courts will generally side with the party forced to sign the “contract” if there’s a dispute.
If you arrive for the cruise and are forced to sign the contract, it is being signed under duress and is not valid. In these situations I have signed someone elses name, such as John Hancock, or George Washington. They never check the signature anyway.
Isn’t the whole point of all these ‘contracts’, ‘liability releases’, and ‘disclaimers’ that they usually can be summarized as:
“Seller will not warrant product is what it was advertised as”, or
“We’ve got your money now. You’re on your own trying to get your product”,
“You’ve just changed from a potential assett (good) to a cost factor (bad)”, or just flat out:
“Wahaaaahaaaaaaaaa, suckerrrrr!!!!”
We are set to sail on a Carnival cruise and I was recently reviewing its lengthy contract which also must be agreed upon before departure. Like Celebrity, it also states that it is not responsible for any behavior or treatment of spa, medical or hair stylist. They even pointed out that even though they may wear Carnival name tag and Carnival clothing, they are not Carnival employees. Very dodgy indeed – false advertising?!?! I was shocked to say the least..
I’ve lined out and initialed portions of Carnival Cruise Line contracts that limit or absolve them of liability (though their contracts, to my recollection, didn’t have anything as extreme as seaworthiness exemptions). If I experienced a significant problem on those cruises, Carnival would have to produce my signed and amended contract. In the mass embarkation shuffle, I doubt anybody even reads the changes (or verifies, as Bob noted, if the signature even matches the passenger’s name)
I’ve also done the same thing for cell phone and health insurance contracts to remove the section that requires mandatory arbitration rather than the complaint being heard in court, and have heard no objections about the changes.