At the onset I point out I am not offering legal advice; for that you need a lawyer. This synopsis of a published court case should be considered as educational information. A couple were aboard an unidentified Carnival Cruise Line ship, where they booked a tour on a catamaran in St. Lucia through Carnival. While the catamaran was returning to the ship it stuck a coral reef injuring the plaintiffs.
The plaintiffs alleged Carnival owned and operated the catamaran and the return to the ship was acting as a tender. Carnival asked that the suit be dismissed that request was granted.
The court held that the owner and operator was an independent contractor. It also ruled that the disclaimer in the Carnival passenger ticket barred the claim." The disclaimer contained in the passenger ticket, stating that the cruise ship owner would not be liable for injuries caused by independent contractors on excursions away from the ship is not unenforceable. " The case cited as Henderson v. Carnival Corp. 124Fed. Supp. 1375(S.D. Fla.2000)