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-   -   CARNIVAL IN COURT (http://www.cruisemates.com/forum/carnival-cruise-lines/185407-carnival-court.html)

HannaS77 March 20th, 2001 12:34 PM

CARNIVAL IN COURT
 
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)

alesia March 20th, 2001 01:49 PM

Re: CARNIVAL IN COURT
 
And this surprises you??

John March 20th, 2001 07:18 PM

Re: CARNIVAL IN COURT
 
is there a problem here? you pays ya money ya take your chances.
John

Gary March 20th, 2001 09:03 PM

Re: CARNIVAL IN COURT
 
How ridiculous can this get....I suppose, HannaS77, would prefer that Carnival also cover her and be "responsible" for her while she's driving to the airport to catch her flight to the docks ALSO....Hell, why not hold Carnival responsible for any stomach, sight, or inner ear problems she may encounter for up to a year after the cruise. The world is full of whiners. This one can't even READ the disclaimer on the ticket. Carnival merely did what any other business would do...they defended themselves in a lawsuit. They actually won one.

steve March 20th, 2001 11:16 PM

Re: CARNIVAL IN COURT
 
IAll excursions are provided by the Country the ship ports at. Carnival may sell the excursions on behalf of the tour suppliers, but that does not make them responsible.

Matt March 21st, 2001 07:32 AM

Re: CARNIVAL IN COURT
 
Tours are an option and are not included in the cruise price and is solely a service of the cruiseline. The same holds true if you plan your own excursion or tour with any of the tour guides at any ports of call,so Hanna should stop her whining and Get Over it Dear.

Moondawgie March 22nd, 2001 02:55 PM

Re: CARNIVAL IN COURT
 
Are you related to Hermann P who posts on Cruise Critic. He made the same point and we all agree that Carnival is not responsible...period.


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