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CRUISE SHIP TICKET LIMITATIONS

Take a look at your cruise ship ticket and you will be surprised at some of the things you will see. Most of the ticket, aside from the time and date of your embarkation, and the ports you will cruise to, is spent providing a release to the cruise ship operator if you get injured on the ship, or during an on shore excursion.

Most cruise passengers are not aware of the many limitations and releases of liability that are contained in a cruise ship ticket. Here is some examples of what you�ll find:

The Guest admits a full understanding of the character of the Vessel and assumes all risks incident to travel and transportation and handling of Guests and cargo.

Guests assume responsibility for their own safety and Company cannot guarantee Guest�s safety at any time.

Guest acknowledges that all Shore excursions/tours (whether conducted in the water, on land or by air), as well as the ship�s physician, and on board concessions (including but not limited to, the gift shops, spa, beauty salon, fitness center, golf and art programs, video/snorkel concession) are operated by or are independent contractors and as such Company assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Guest and/or Guest�s baggage, property or effects in connection with said services.

One of the most stringent ticket limitations defines where and when you can bring a claim if you are injured while on a cruise. Federal Courts have upheld such clauses as valid. You may be surprised to learn that where you can bring a lawsuit for injuries suffered on a cruise, has nothing to do with where you live, where the cruise originated, or even where the injury occurred.

Below is a list of Florida cruise ship companies, and the portions of their ticket contracts that address where and when you are permitted to bring a claim. Venue refers to the specific court that an injury claim may be brought in, regardless of where you live.

CELEBRITY CRUISES

Venue: United States District Court for the Southern District of Florida (Miami)
Time Limitations: Full particulars of the claim must be delivered to Celebrity within 6 months from the date of injury. A lawsuit must be filed within one year from the date of such injury and process served within 120 days after filing

COSTA CRUISE LINE

Venue: Voyages that Depart from, Return to, or Visit a U.S. Port �All claims involving physical or emotional injury, illness or death in which the amount in controversy does not exceed seventy five thousand U.S. dollars (US$75,000) shall be instituted only in the courts of Broward County, Florida
All such claims involving physical or emotional injury, illness or death in which the amount in controversy exceeds seventy five thousand U.S. dollars (US$75,000) shall be filed only in the United States District Court for the Southern District of Florida located in Broward County, Florida. Voyages That Do Not Depart from, Return to, or Visit a U.S. Port - All claims incident to any voyage that does not depart from, return to, or visit a U.S. port shall be instituted only in the courts of Genoa, Italy.
Time Limitations: not be liable for any physical or emotional injury, illness or death of a Passenger unless written notice of the claim with full particulars is delivered to the Carrier or its duly authorized agent within 185 days after the date of injury, illness or death. No legal proceedings whatsoever shall be maintainable in any event unless filed within one year after the date of injury, illness or death, and unless valid service is effected upon the Carrier within 120 days after commencement of the proceeding.

CUNARD LINE

Venue: All claims involving emotional or bodily injury, illness to or death of any Passenger shall be litigated before a court of competent jurisdiction located in the County of Los Angeles, California.
For voyages that do not begin, end, or call in a port located in the United States or its territories, all claims for emotional or bodily injury, death, or violation of civil rights shall be litigated before a court of competent jurisdiction located in the City of Southampton, England.
Time Limitations: Claims for Injury, Illness or Death: In cases involving claims for emotional or bodily injury, illness to or death of any Guest, no lawsuit may be brought unless (1) written notice giving full particulars of the claim is delivered within 6 months from the date of the injury, illness or death, (2) a lawsuit on such a claim is filed within 1 year from the date of the injury, illness or death, and (3) valid service of the lawsuit is made within 90 days of filing the complaint.

HOLLAND AMERICA

Venue: Claims shall be litigated, if at all, in and before the United States District Court for the Western District of Washington in Seattle.
Time Limitations: Unless written notice of the claim is delivered not later than six (6) months after the day of death or injury, the lawsuit is commenced not later than one (l) year after the day of death or injury, and valid service of the lawsuit is made within thirty (30) days following the expiration of that one-year period.

PRINCESS CRUISE LINES

Venue: Claims for Injury, Illness or Death: All claims involving emotional or bodily injury, illness to or death of any Passenger shall be litigated before a court of competent jurisdiction located in the County of Los Angeles, California, U.S.A.
Time Limitations: In cases involving claims for emotional or bodily injury, illness to or death of any Passenger, no lawsuit may be brought against Carrier unless (1) written notice giving full particulars of the claim is delivered to Carrier within 6 months from the date of the injury, illness or death, (2) a lawsuit on such a claim is filed within 1 year from the date of the injury, illness or death, and (3) valid service of the lawsuit is made within 90 days of filing the complaint.

ROYAL CARIBBEAN

Venue: All disputes and matters whatsoever shall be litigated in the United States District Court for the Southern District of Florida located in Miami-Dade County, Florida.
Time Limitations: Written notice of the claim, with full particulars, shall be delivered within six (6) months from the date of the injury, illness or death, and the suit is commenced within one (1) year from the date of the injury, illness or death, and process served within 120 days.

SEABOURN CRUISES

Venue: All disputes and matters whatsoever arising under, in connection with or incident to the cruise shall be litigated in the United States District Court for the Southern District of Florida in Miami.
Time Limitations: Not liable for any claims whatsoever for personal injury, illness or death of the guest, unless full particulars in writing are delivered to Seabourn within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Seabourn within 120 days after filing.

SILVER SEAS CRUISE LINES

Venue: Claims shall be litigated solely and exclusively, if at all, in and before the United States District Court for the Southern District of Florida in Broward County, Florida.
Time Limitations: Not liable for any physical or emotional injury, illness or death of a Passenger unless written notice of the claim with full particulars is delivered within 185 days after the date of injury, illness or death. No legal proceedings whatsoever shall be maintainable in any event unless filed within one year after the date of injury, illness or death, and unless valid service is effected upon the Carrier within 120 days after commencement of the proceeding.