Originally Posted by
tacey 
IT IS AGREED BY AND BETWEEN GUEST AND CARRIER THAT ALL CLAIMS, DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, ARISING OUT OF, OR RELATING TO THIS CRUISE CONTRACT SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE ANY COURT OF COMPETENT JURISDICTION LOCATED IN BREVARD COUNTY, FLORIDA, U.S.A., OR THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA, ORLANDO DIVISION, TO THE EXCLUSION OF COURTS LOCATED IN ANY OTHER COUNTY, DISTRICT, STATE, COUNTRY, TERRITORY OR POSSESSION. THIS CRUISE CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST'S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IN THE EVENT OF AN IN REM PROCEEDING AGAINST THE VESSEL, GUEST HEREBY IRREVOCABLY AGREES THAT THE POSTING OF A LETTER OF UNDERTAKING FROM ANY OF CARRIER'S INSURERS SHALL CONSTITUTE AN ADEQUATE AND APPROPRIATE FORM OF SECURITY FOR THE IMMEDIATE RELEASE OF THE VESSEL IN LIEU OF ARREST.
I think it's interesting that if something happened on the cruise that would make us all want to sue and we wanted to sue as one unit(class action) we are strictly prohibited from doing so. I have never seen a contract where you agree to that up front.
THE CARRIER DOES NOT EXPRESSLY OR IMPLIEDLY WARRANT, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO, (a) THE FITNESS, CONDITION OR SEAWORTHINESS OF THE VESSEL AND (b) THE FITNESS, CONDITION OR MERCHANTABILITY OF ANY FOOD OR DRINK PROVIDED ON BOARD THE VESSEL. THE CARRIER SHALL NOT BE STRICTLY LIABLE IN TORT FOR ANY DEFECT, LACK OF FITNESS, IMPURITY OR CONTAMINATION OF ANY FOOD OR DRINK PROVIDED ON BOARD THE VESSEL.
Makes me wonder what they ARE responsible for, if they are not even responsible to guarantee that the ship is seaworthy
THE CARRIER AND THE VESSEL SHALL NOT BE LIABLE FOR ANY DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY, DEATH, DAMAGE, DELAY, LOSS OR DETRIMENT CAUSED BY ACT OF GOD, WAR OR WARLIKE OPERATIONS, CIVIL COMMOTIONS, LABOR TROUBLE, INTERFERENCE BY AUTHORITIES, PERILS OF THE SEA, DELAYS IN CONSTRUCTION, MAINTENANCE OR REPAIR OF THE VESSEL OR ANY OTHER CAUSE BEYOND THE CONTROL OF THE CARRIER, FIRE, THEFTS OR ANY OTHER CRIME, ERRORS IN THE NAVIGATION OR MANAGEMENT OF THE VESSEL OR DEFECT IN OR UNSEAWORTHINESS OF HULL, MACHINERY, APPURTENANCES, EQUIPMENT, FURNISHINGS OR SUPPLIES OF THE VESSEL, FAULT OR NEGLECT OF PILOTS, TUGS, AGENTS, INDEPENDENT CONTRACTORS, GUESTS OR OTHER PERSONS ON BOARD NOT IN THE CARRIER'S EMPLOY OR FOR ANY OTHER CAUSE WHATSOEVER EXCEPT THE NEGLIGENCE OF THE CARRIER OR ITS EMPLOYEES ACTING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT.
It was the errors in navigation and unseaworthiness of the hull that caught my eye here
GUEST AGREES THAT ALL CONCESSIONAIRES AND THEIR EMPLOYEES, INCLUDING BUT NOT LIMITED TO JEWELRY, SPA, MASSAGE, HAIR STYLING, MANICURES, PHOTOGRAPHY, INTERNET ACCESS, WIRELESS ACCESS, ART AUCTIONS OR INSTRUCTIONAL CONCESSIONS ABOARD THE VESSEL, ARE INDEPENDENT CONTRACTORS AND WORK DIRECTLY FOR THE GUEST WHEN PERFORMING THEIR SERVICES. THE CARRIER IS NOT RESPONSIBLE FOR ANY SUCH PERSON'S ACTS OR OMISSIONS IN PROVIDING GOODS OR SERVICES TO THE GUEST.
I knew they were independents but didn't realize that that meant they work for us directly and that they hold no liability for anything they do. They hire them to work on their ships so I thought that meant they at the least guarantee that they know what they are doing.
Guest agrees not to present herself for boarding under any circumstances if she will have entered the 24th week of pregnancy as of her embarkation date. Infants under 12 weeks old as of the embarkation date will not be allowed to travel aboard the Vessel.
I did not know this fact because my children are grown I guess I have never paid attention that you can't sail that pregnant or can't bring a newborn.
Carrier may substitute another vessel for the one named herein, whether owned by the Carrier or not, at the port of embarkation or at any other place. The Vessel, either before or after proceeding toward the port of destination and though not required by any maritime necessity, may remain in port, proceed by any route and deviate from or change the advertised or intended route at any stage of the voyage and may proceed to and stay at any places whatsoever, although in a contrary direction to or outside of or beyond the usual route, once or more often, in any order, for loading or discharging fuel, stores, laborers, stowaways, Guests, or members of the Vessel's company, for this or any prior or subsequent voyage and/or for any purpose whatsoever that the Carrier or Master may deem advisable. Any such procedure or occurrence shall be considered not to be a deviation but within the voyage herein intended as fully as if specifically described herein. The above-mentioned provisions are not to be considered as restricted by any words of this Cruise Contract whether written, stamped or printed.
I thought it was interesting that they don't have to provide the Dream, it actually doesn't even HAVE to be a Disney ship. Thought that was an interesting clause.
The Vessel may sail without pilots, tow or be towed, and assist vessels in all situations and deviate for the purposes of saving life or property without any liability whatsoever to Guest.
The sailing without a pilot and can spend the whole trip being towed made me laugh never mind go ..holy cow....lol
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