305-793-5526

999 Ponce De Leon Blvd.
Suite 945
Coral Gables, Florida 33134
Map & Directions

Fire Aboard Costa Allegra

Fire Aboard Costa Allegra Exposes the Limits of Cruise Lines' Responsibility to Passengers

A MIAMI MARITIME LAW ATTORNEY DISCUSSES A CRUISE SHIP'S RESPONSIBILITY TO PASSENGERS IN THE EVENT OF AN EMERGENCY AT SEA

On February 28, Costa Cruise Line made the news again when they announced that they had a fire onboard the Allegra that was caused by an electrical fault off the coast of Madagascar. Although no passengers or crew members were injured, the ship was without power and drifting with the current until tugboats finally reached it the next day. Many of the ship's passengers were forced to spend the night out on decks. The Allegra eventually landed safely in Mahe without further incident. In addition to the technical malfunctions caused by the damage, the waters where the ship was adrift are notorious for pirate attacks on vessels.

The troubles aboard the Costa Allegra—no electricity, a lack of functioning toilets, the threat of pirates, a delayed and cancelled schedule—raise the question, "What is a cruise line's responsibility to passengers when disaster strikes a ship?" If you read Costa Cruise Line's "ticket contract", the answer is not very much very much at all.

According to the terms of the cruise ship ticket, situations like those which occurred during Costa's most recent problems on the Allegra would be dealt with by section 14 of Costa Cruise Line's ticket contract which states:

"If the performance of the voyage is interrupted, hindered or prevented (or in the opinion of the Carrier or the Captain is likely to be interrupted, hindered or prevented) before or after the sailing by force majeure, including without limitation . . . fire, breakdown of the Vessel . . . the Passenger and the Passenger's baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call and the responsibility of the Carrier shall cease and this Contract shall be deemed to have beenfully performed . . . The Passenger shall not be entitled to any refund of the Cruise Fare or to compensation, damages or reimbursement of any expenses whatsoever, but will be given credit for the proportion of the Cruise Fare unused."

In other words, the ship needs only to transport the passengers to a safe port to fulfill their contract to them. There is no requirement to make certain that the passengers make it the rest of the way home. In the case of the Allegra, once the ship was repaired, it returned to Seychelles, Italy (the ship's original final destination point) with its full compliment of passengers. However, their contractual obligation could have been fulfilled by dropping passengers at a port that the company deemed suitable.

Individuals planning on purchasing passage on a cruise ship are reminded to read the ticket contract and any other contractual paperwork that accompanies the ticket purchase to determine exactly what rights they are giving up. Most ticket contracts can be found on the cruise line's website.

Attorney Robert C. Gross is a Miami, Florida maritime, admiralty attorney experienced in cruise ship claims, cruise slip and fall, cruise trip and fall claims, passenger injury claims, seaman injury claims. Our recent cases include cruise ship claims against Norwegian Cruise Lines, Carnival Cruise Lines, Celebrity, Princess Cruises, Royal Caribbean Cruise Lines and are based on passenger injury and cruise accidents. Call Robert C. Gross at 305-793-5526 if you need a cruise ship passenger injury lawyer.

Begin your free consultation with a Florida serious injury maritime attorney

If you need the assistance or legal advice of an experienced maritime and admiralty lawyer, please contact the law offices of Robert C. Gross, P.A., today at 305-793-5526.