Another possibility is to buy travel insurance that will not only cover your belongings, but also insure against penalties that apply if you need to cancel the trip.
They can leave you in the lurch (as long as it’s on dry land). On this point, you’ll find similar wording in the two contracts. Carnival’s, for instance, provides that if your voyage is “is hindered or prevented” for various reasons which the contract lists, or for “any other cause whatsoever,” you and your baggage “may be landed at the port of embarkation or at any port or place at which the Vessel may call, at which time the responsibility of Carnival shall cease and this contract shall be deemed to have been fully performed.”
Better act fast. To make a claim for “personal injury, illness or death” both these contracts say you must give “full particulars” (whatever that means) in writing within 185 days “after the date of the injury, event, illness or death giving rise to the claim” and file the suit within one year –”after the date of the injury, event, illness or death.” Shorter time frames apply for other types of claims (you have 30 days after you get off the boat to give them notice and six months to file the case).
Just in case federal or state law might provide for a longer statute of limitations for any claim you’re thinking of bringing, the contract says that you have given up your right to take that extra time.
Still want to sue? Hope you like Miami or Ft. Lauderdale (or Genoa). Cases against Carnival Cruise Lines must be brought in the United States Federal District Court in Miami. But unless you’re alleging physical harm, its contract requires you submit to binding arbitration instead of appearing before a judge. This too, must take place in Miami. That happens to be where Carnival is headquartered. So on top of everything else the contract might just give them a home-court advantage.
Under the Costa contract, your itinerary determines where you can sue — unless, of course, your lawyer succeeds in challenging this provision. If you depart from, return to, or visit a U.S. port, you can only bring a suit in Ft. Lauderdale, Fla. (where you must arbitrate if your claim isn’t for physical harm). If you haven’t touched U.S. soil, the contract says that Italian law applies, and you can only bring your case in Genoa, Italy. It’s a nice place to visit, but you might not want to sue there. LINK
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