Costa Concordia Raises Issue of Passenger Rights of Recovery
During the night of January 13, 2012, the 955-foot Italian-flagged COSTA CONCORDIA struck a rock and capsized near the coast of Giglio, Italy, resulting in great loss of property and life, including two Americans presumed dead. This tragedy has renewed focus on cruise ship safety and the rights of cruise ship passengers, particularly pertaining to the matter of legal jurisdiction, especially given the number of multinational passengers. Modern cruise ships are often referred to as floating cities now due to their enormous size, carrying thousands of passengers and crew.
A cruise ship ticket is also known as a “cruise ticket contract.” What makes a contract valid are four points: offer, acceptance, free will to enter the contract relationship, and equitable consideration. Those entering a contract are assumed to be aware of and in agreement with the contract details, and a court will usually uphold a contract which has met all the legal criteria. The exchange of consideration, such as exchanging money for a cruise ticket, touches on all four points of a valid contractual agreement between parties. The cruise ticket contract wording, in what most of us would call the fine print, is said to be on the ticket and is otherwise accessible to passengers. On the Costa web site, passengers are encouraged to read their cruise ticket contract. By purchasing the ticket, a passenger has arguably entered a contract and agreed to the conditions therein, which include a series of limitations and waivers in case of dispute. It does state that Costa will be liable for its negligence. The caveat is, any negligence must be proven by the claimant in court.
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