IFTTA, CONFERENCE, PRAGUE

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1 IFTTA, CONFERENCE, PRAGUE OCTOBER 23 RD -26 TH 2013 UPDATE ON LEGISLATIVE PROPOSALS ON CRUISE PASSENGER RIGHTS LAURENCE D. GORE, ESQ. I. HISTORY A. BRITISH MERCHANT SHIPPING ACT OF 1894 B. RMS TITANIC C. MV COSTA CONCORDIA D. MS CARNIVAL (POOP CRUISE) DESTINY E. MS CARNIVAL SPLENDOR (ROAST) II. CRUISE INDUSTRY ADOPTS VOLUNTARY PASSENGER RIGHTS LEGISLATION PASSENGER BILL OF RIGHTS INTERNATIONAL CRUISE LINE PASSENGER BILL OF RIGHTS (ONLY APPLICABLE TO CLIA MEMBER LINES) The Members of the Cruise Lines International Association are dedicated to the comfort and care of all passengers on oceangoing cruises throughout the world. To fulfill this commitment, our Members have agreed to adopt the following set of passenger rights: 1

2 1. The right to disembark a docked ship if essential provisions such as food, water, restroom facilities and access to medical care cannot adequately be provided onboard, subject only to the Master s concern for passenger safety and security and customs and immigration requirements of the port. 2. The right to a full refund for a trip that is canceled due to mechanical failures, or a partial refund for voyages that are terminated early due to those failures. 3. The right to have available on board ships operating beyond rivers or coastal waters full-time, professional emergency medical attention, as needed until shore side medical care becomes available. 4. The right to timely information updates as to any adjustments in the itinerary of the ship in the event of a mechanical failure or emergency, as well as timely updates of the status of efforts to address mechanical failures. 5. The right to a ship crew that is properly trained in emergency and evacuation procedures. 6. The right to an emergency power source in the case of a main generator failure. 7. The right to transportation to the ship s scheduled port of disembarkation or the passenger s home city in the event a cruise is terminated early due to mechanical failures. 8. The right to lodging if disembarkation and an overnight stay in an unscheduled port are required when a cruise is terminated early due to mechanical failures. 9. The right to have included on each cruise line s website a toll-free phone line that can be used for questions or information concerning any aspect of shipboard operations. 2

3 10. The right to have this Cruise Line Passenger Bill of Rights published on each line s III. U.S. CONGRESS PASSENGER RIGHTS PROPOSED LEGISLATION CRUISE PASSENGER PROTECTION ACT OF 2013 Key provisions of The Cruise Passenger Protection Act of 2013 (the Act). 1. Cruise lines will be required to simplify contract language for passengers. The "contract" language is presently contained in ultra-fine print on cruise documents, making it of little or no help to consumers. Even if readily legible, noted Rockefeller, the terms and conditions are unfairly weighted in favor of the cruise lines. 2. Under the Act, the Secretary of Transportation would be charged with developing new standards for cruise lines to follow regarding contract terms. Lines will be responsible for providing a clear, easy-to-read and unambiguous synopsis of key contract terms before those terms become binding. "Key terms" include cruise fees and charges, statutes of limitations, indemnity provisions and waivers of liability, as well as forum and jurisdictional issues. Those types of provisions are typically not discovered by cruise passengers until they are at a severe disadvantage, i.e., after accident, injury or mishap on a ship. 3. The Act grants more authority to the federal government to protect the rights of cruise ship passengers. Namely, the Department of Transportation (DOT) would become the lead federal agency for cruise ship consumer protection, akin to its role in aviation matters. The DOT would also have the right to investigate consumer complaints about cruise ship travel. In the event passengers run into problems on ships, the Act will provide a toll-free hotline and consumer complaints website link. The DOT will compile data on the complaints received. 3

4 The data will be available on the DOT website according to cruise line, ship and complaint category. 4. The DOT will have authority to investigate a range of consumer complaints and issues. Those issues include lost or damaged baggage, misleading advertising, cancellations, delays, skipped ports, conditions on board and refunds. If necessary, the DOT may refer complaints to appropriate federal agencies for further action. 5. Additionally, an Advisory Committee for Passenger Vessel Consumer Protection will be created to study and make recommendations to improve cruise consumer protection programs and services. The committee will be comprised of cruise industry representatives, international industry-related associations, state or local governments with expertise in consumer protection matters; nonprofit organizations with expertise in consumer protection matters and relevant federal agencies. 6. One of the most significant areas covered by the Act involves cruise ship crime reporting. The Act will make information about all crimes allegedly taking place on a cruise ship publicly available. This is in contrast to current law. At the present time, the FBI reports only crimes that are no longer under investigation. This results in a vast underreporting of alleged crimes. It also fails to give prospective passengers an accurate picture of the safety of cruise travel. 7. Another requirement under the Act is the placement of video cameras in public areas. Cruise lines would be under specific requirements for the retention of the footage. If passengers become victims of a cruise while on a cruise, they will have new rights under the Act. This is a particularly important provision. Unlike land-based vacations, passengers have limited access to law enforcement. Rather, their only recourse is to contact the ship security staff, which is hired, trained and presumably loyal to the cruise line itself. 4

5 8. Under the Act, the DOT will establish a victim advocate who can assist victims on board a cruise ship. The advocate will inform the victim of his or her rights in international waters, and help with access to law enforcement in the appropriate jurisdiction. The Act will also determine a minimum number of medical staff and their appropriate qualifications, for each 1,000 passengers on board. 5