In addition to the above,there is even worse news for the survivors of those who died or those who suffered injuries. Paragraph 3 of the Costa Cruise ticket provides in part: “Contract or law to the contrary, as to any voyage occurring wholly outside the United States, the Carrier claims the benefit of all restrictions, exemptions and limitations of liability set forth in the “Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974″… which limit the liability of the Carrier for death of or personal injury to the Passenger to no more than 46,666 Special Drawing Rights (SDRs) as defined therein, and all other limits for damage of loss to personal property. The value of 46,666 SDRs is equal to approximately U.S. $70,900 at the time of printing of this contract and the current value is published in the Wall Street Journal…”
“When the stakes are high, it makes certain legal battles worth going forward with,” I think this is a misquote, what Brett Rivkind meant to say was “when the pockets are deep….
The pockets are not very deep in this case. Paragraph 3 of the Costa Cruise Ticket Contract limits in part “…the liability of the Carrier for death or personal injury to the Passenger to no more than 46,666 Special Drawing Rights (SDRs)” and further states “The value of 46,666 SDRs is equal to approximately U.S. $70,000 at the time of printing of this Contract and the current value is currently available and published in the Wall Street Journal and on the internet…”
So, Bob if you had lost a loved one or suffered a serious personal injury do you think this would be adequate considering the incompetence and apparent cowardice of the ship’s officers, especially the Captain?
Gerald we should all be prepared for every emergency, meaning, life insurance, health disability etc so no matter if there are deep pockets or marinetine restrictions our loved ones will be taken care of. The emotional loss will always be there when those close to us are injured or killed. If someones children is killed by an uninsured drunk driver is it any less of an emotional loss than a child drowning at sea – so who are you going to sue in the former? And what lawyer is going to represent you in a suit against an indigent. For the Captain and ship’s officers crimminal law will make sure the guilty are punished. Too many people, Gerald, are relying on who we can sue to make ourselves whole. Finacially people can prepare with their own insurance protection – the reason why most of IJ’s readers are in business – to take care of the financial needs of others at the time of loss. Do not make my statement one of incompassion. Mine was comment of the state of our society when people started thinking like you.
It is past time to notice that all of our international bodies, starting with the U.N., work so long & hard to come up with new ways to tax us, control us, regulate business, and impair our soverignty. But when it comes to protecting individual rights to protect ourselves or seek legitimate recompense, we are treated like chattel!
Now; who still thinks a New World Order, Global Government is a good idea?
Bob, the problem with Cruise Line Passengers’ Tickets is that they take away virtually all passengers’ rights. Please get Costa or Carnival’s passenger ticket and read it as carefully as you would read an insurance contract. You will find that the ticket allows unlimited rights to search your person, your belongings, your cabin and even your cabin safe at any time at their discretion. Also should a passenger take sick or become injured, the Cruise lines can force you to disembark and abandon you in some third world country. There are at least 10 other provisions that provide exclusions that would not be upheld in any other contract I know that are solely for the benefit of the Cruise Lines.
Not arguing that point Gerald, but it is all the more reason to read what you sign. I’ve traveled extensively over many years and am quite aware that people need to be educated that all countries are not equal to the good old USA. Ignorance of their laws and customs can get you in trouble real quick.
Gerry, you can go to any of the Cruise Lines’ websites and download their Passenger Contracts. All such Contracts consist mainly of fine print, disclaimers, and limitations on passengers’ right. They are the most one-sided contracts I have ever seen and I’ve practiced law for over 30 years. Unfortunately Federal Courts keep upholding these draconian provisions. It’s time to reform the Cruise industry.
Gerald
Thank you for your answere. It would be interesting to find out
how many people actually read all this mumble jumble that cruise
lines publish re liabilty ect,& those who do do they understand it? we aren’t lawyers.& if I were choosing say between 4 different
cruise lines I would probally miss the ship because it has taken
me so long to go through it all
I have been on at least 10 cruises & to be honest have never read
all of the fine print,now that this has all come to light, I have serious thoughts that I will ever take a cruise again
You have brought up some things with Bob that I had no idea about
Re personal searches,access to our room safes ect.
Bob if you read this unfortunatley I will have to side with Gerald
he makes a some real valid points.
In fairness to Costa,about 5 years ago we were on a Costa ship &
my wife got sick & we were put off in the next port (we needed to
be it probally saved her life)& without any argument gave us a full
credit for any other cruise,we at that time had no insurance
It is interesting to read all the banter back & forth as I am
learning a great deal
Gerry
In addition to the above,there is even worse news for the survivors of those who died or those who suffered injuries. Paragraph 3 of the Costa Cruise ticket provides in part: “Contract or law to the contrary, as to any voyage occurring wholly outside the United States, the Carrier claims the benefit of all restrictions, exemptions and limitations of liability set forth in the “Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974″… which limit the liability of the Carrier for death of or personal injury to the Passenger to no more than 46,666 Special Drawing Rights (SDRs) as defined therein, and all other limits for damage of loss to personal property. The value of 46,666 SDRs is equal to approximately U.S. $70,900 at the time of printing of this contract and the current value is published in the Wall Street Journal…”
Life is cheap for the cruise line industry.
“When the stakes are high, it makes certain legal battles worth going forward with,” I think this is a misquote, what Brett Rivkind meant to say was “when the pockets are deep….
The pockets are not very deep in this case. Paragraph 3 of the Costa Cruise Ticket Contract limits in part “…the liability of the Carrier for death or personal injury to the Passenger to no more than 46,666 Special Drawing Rights (SDRs)” and further states “The value of 46,666 SDRs is equal to approximately U.S. $70,000 at the time of printing of this Contract and the current value is currently available and published in the Wall Street Journal and on the internet…”
So, Bob if you had lost a loved one or suffered a serious personal injury do you think this would be adequate considering the incompetence and apparent cowardice of the ship’s officers, especially the Captain?
Gerald we should all be prepared for every emergency, meaning, life insurance, health disability etc so no matter if there are deep pockets or marinetine restrictions our loved ones will be taken care of. The emotional loss will always be there when those close to us are injured or killed. If someones children is killed by an uninsured drunk driver is it any less of an emotional loss than a child drowning at sea – so who are you going to sue in the former? And what lawyer is going to represent you in a suit against an indigent. For the Captain and ship’s officers crimminal law will make sure the guilty are punished. Too many people, Gerald, are relying on who we can sue to make ourselves whole. Finacially people can prepare with their own insurance protection – the reason why most of IJ’s readers are in business – to take care of the financial needs of others at the time of loss. Do not make my statement one of incompassion. Mine was comment of the state of our society when people started thinking like you.
It is past time to notice that all of our international bodies, starting with the U.N., work so long & hard to come up with new ways to tax us, control us, regulate business, and impair our soverignty. But when it comes to protecting individual rights to protect ourselves or seek legitimate recompense, we are treated like chattel!
Now; who still thinks a New World Order, Global Government is a good idea?
Bob, the problem with Cruise Line Passengers’ Tickets is that they take away virtually all passengers’ rights. Please get Costa or Carnival’s passenger ticket and read it as carefully as you would read an insurance contract. You will find that the ticket allows unlimited rights to search your person, your belongings, your cabin and even your cabin safe at any time at their discretion. Also should a passenger take sick or become injured, the Cruise lines can force you to disembark and abandon you in some third world country. There are at least 10 other provisions that provide exclusions that would not be upheld in any other contract I know that are solely for the benefit of the Cruise Lines.
Not arguing that point Gerald, but it is all the more reason to read what you sign. I’ve traveled extensively over many years and am quite aware that people need to be educated that all countries are not equal to the good old USA. Ignorance of their laws and customs can get you in trouble real quick.
If a person isn’t happy with the exclusions, then don’t go on a cruise. Easy.
The late great golfer, Sam Snead, had a quote I always remember:
“When you leave the U.S.A., your’e just campin’ out.”
How can you read the contract if you dont get it until after you
book?
Gerry, you can go to any of the Cruise Lines’ websites and download their Passenger Contracts. All such Contracts consist mainly of fine print, disclaimers, and limitations on passengers’ right. They are the most one-sided contracts I have ever seen and I’ve practiced law for over 30 years. Unfortunately Federal Courts keep upholding these draconian provisions. It’s time to reform the Cruise industry.
Gerald
Thank you for your answere. It would be interesting to find out
how many people actually read all this mumble jumble that cruise
lines publish re liabilty ect,& those who do do they understand it? we aren’t lawyers.& if I were choosing say between 4 different
cruise lines I would probally miss the ship because it has taken
me so long to go through it all
I have been on at least 10 cruises & to be honest have never read
all of the fine print,now that this has all come to light, I have serious thoughts that I will ever take a cruise again
You have brought up some things with Bob that I had no idea about
Re personal searches,access to our room safes ect.
Bob if you read this unfortunatley I will have to side with Gerald
he makes a some real valid points.
In fairness to Costa,about 5 years ago we were on a Costa ship &
my wife got sick & we were put off in the next port (we needed to
be it probally saved her life)& without any argument gave us a full
credit for any other cruise,we at that time had no insurance
It is interesting to read all the banter back & forth as I am
learning a great deal
Gerry