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Articles Tagged with “Royal Caribbean Cruise Injury”

On December 9th, 2019, the volcano on White Island, New Zealand, erupted while 47 tourists were visiting the Island at the time.  Of those, 18 have officially been declared dead, 17 sustained serious burns, and 8 people are missing and presumed dead per publicly available reports. The small Island volcano is privately owned by an Auckland family trust, and as such, only operators with permits were authorized to accompany tourists on guided tours of the Island.  White Island Tours was reportedly one of the main authorized tour companies on White Island at the time. The only way to and from the Island is via small inflatable dinghies with tour costs ranging from $229 per adult by boat, to $730 a passenger by helicopter. Tourists on the Island at the time were from Germany, Australia, the UK, China, Malaysia and New Zealand – and 9 people from the United States. New reports indicate that an estimated 38 guests and crew from of the mega cruise ship, Royal Caribbean’s Ovation of the Seas, were on the Island at the time of the disaster. Last week a New Zealand police Commissioner announced they had launched a criminal investigation into the disaster.

This disaster raises serious question why tourists and passengers were allowed, and even encouraged (through brochures and advertising, etc.), to visit this active volcano under existing circumstances. To answer this question, below find historical facts and recommendations from recognized experts (both before and after the December 9th, 2019 eruption).

In a recent article, Monash University professor, Ray Cas, reported Whakaari-White Island is too risky for tourists. “White Island has been a disaster waiting to happen for many years. Having visited it twice, I have always felt that it was too dangerous to allow the daily tour groups that visit the uninhabited Island volcano by boat and helicopter… In a big volcanic incident, it would be impossible to get people off quickly,” says Professor Cas.

Liberty of the Seas Accient Attorney.bmpBermuda’s Department of Marine and Ports reports that the Royal Caribbean cruise ship Liberty of the Seas was forced to return to port just hours after departing last Saturday due to a passenger injury. The Liberty of the Seas contacted the Bermuda Maritime Operations Centre around 9:00 pm informing it that the cruise ship was returning to the Island because a 74-year-old female passenger sustained a hip injury and hospital treatment was necessary.
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Athens Convention Damages.jpgMost American are unaware that international law caps damages for passengers who are hurt or die on cruises that leave from, call on and return to foreign ports. Adopted in 1974, the Athens Convention was intended to consolidate two earlier conventions addressing passenger injuries and luggage losses. Nearly every American cruise line adopts the Athens Convention for their wholly foreign cruises. For example, the below language is found in Royal Caribbean’s ticket contract:

ON CRUISES WHICH NEITHER EMBARK, DISEMBARK NOR CALL AT ANY PORT IN THE UNITED STATES, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE “ATHENS CONVENTION…

Carnival, Princess, NCL and Holland America have similar ticket provisions.
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