11. LIMITATIONS OF LIABILITY
a. EXCEPT AS OTHERWISE PROVIDED IN ARTICLE 6(e), CARRIER SHALL NOT BE LIABLE FOR INJURY, DEATH, ILLNESS, DAMAGE, DELAY OR OTHER LOSS TO PERSON OR PROPERTY, OR ANY OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR ANY OTHER CAUSE BEYOND CARRIER’S REASONABLE CONTROL, OR ANY ACT NOT SHOWN TO BE CAUSED BY CARRIER’S NEGLIGENCE.
Here’s some more information:
In your site:
“A common carrier owes the highest degree of care to its passengers. However, unlike typical strict liability cases, passengers must prove negligence or intent to harm in order to bring a claim against a carrier. This involves having evidence of the cruise line’s failure to exercise due care, resulting in injury.
They knew it was going to be rough enough to cause a change in the normal procedures of the cruise plans. They shut off the outside deck for fear of washing someone overboard, slowed the ship down to do their early show, shut things down after the show and cancelled midnight dining, invited everyone to their state room without warning them of the possibility of flying items off shelves and possibly throwing people out of bed which did happen, before they left Seattle. If they had offered the passengers the opportunity to cancel with a refund I’m sure many would have stayed if only becasue they had flight money into it they wouldn’t be able to recoup. But those that didn’t wish to continue weren’t being treated fairly and professionally ending with the injuries, some serious, from the decision of the cruise line to overlook or ignore the damages that incurred by bearing the responsibility of the decision of safety taking it away from the passengers. I live just south of the port. I didn’t have anything but gas money in it. I would have cancelled if I knew there was a danger. I can take it again at almost no loss. I could have been injured a whole lot more, and it would have been because the cruise lines failed to be up front with me. They knowingly put me in danger.
wy69