Filing a Claim against a Cruise Ship Contractual Limitations

Every cruise passenger, whether knowingly or not, agrees to a contract upon purchasing a ticket. This document, often known as the “Passenger Ticket Contract” or “Cruise Contract,” contains numerous provisions, including legal disclaimers, liability waivers, jurisdiction clauses, and time limitations for bringing claims.

While these contracts are presented as non-negotiable, they are legally binding. Courts generally uphold these terms as long as they are deemed “reasonable” and are communicated properly to the passenger.

Every cruise passenger, whether knowingly or not, agrees to a contract upon purchasing a ticket. This document, often known as the “Passenger Ticket Contract” or “Cruise Contract,” contains numerous provisions, including legal disclaimers, liability waivers, jurisdiction clauses, and time limitations for bringing claims.

While these contracts are presented as non-negotiable, they are legally binding. Courts generally uphold these terms as long as they are deemed “reasonable” and are communicated properly to the passenger.

1. Time Limits to File a Claim

One of the most restrictive clauses in cruise contracts is the shortened time frame for filing a claim. Unlike general personal injury claims, which can have statutes of limitation ranging from 2 to 3 years or more (depending on jurisdiction), cruise contracts typically require written notice of a claim within 6 months of the incident and filing of a lawsuit within 1 year.

Why It Matters:

Missing this deadline—by even one day—can permanently bar you from recovering damages. Courts have consistently enforced these time frames if they are clearly stated in the contract.

Best Practice:

• Read your ticket contract as soon as you book your trip.
• If you’re injured or have a dispute, consult a maritime attorney immediately to preserve your right to file a claim.

2. Forum Selection Clauses

Cruise lines almost always include a forum selection clause—a provision stating where any lawsuit must be filed. For example, many major cruise lines like Carnival, Royal Caribbean, and Norwegian require claims to be filed in federal court in Miami, Florida, regardless of where the cruise departed or the passenger resides.

Challenges for Claimants:

• This creates logistical and financial barriers, especially for international passengers or those living far from the forum city.
• Filing in the wrong jurisdiction could lead to dismissal of your case.

Legal Standing:

The U.S. Supreme Court has upheld the enforceability of forum selection clauses in cruise contracts, so they are difficult to challenge.

3. Arbitration Requirements

Some cruise contracts contain mandatory arbitration clauses, meaning passengers waive their right to go to court and instead must resolve disputes through arbitration. This can limit:

• Discovery rights
• Public record of proceedings
• Right to appeal

While arbitration can be faster, it often favors the cruise lines, especially if the company chooses the arbitrator or arbitration rules.

4. Waivers of Liability

Contracts frequently include liability waivers for certain types of claims, particularly for injuries that occur during shore excursions, independent activities, or force majeure events (such as storms or pandemics).

For example:

• If you book a snorkeling trip through the cruise line and get injured, the contract might absolve them of liability by claiming the activity was operated by a third party.
• In the case of a virus outbreak on board, cruise lines often cite “unforeseeable events” to avoid responsibility.

Legal Loopholes:

While these waivers seem intimidating, they may not always hold up in court—especially if the cruise line was grossly negligent or failed to disclose key risks.

5. Limitation of Damages

Many cruise contracts also cap the amount of damages you can claim. Some exclude punitive damages altogether, while others place monetary limits on compensation for lost luggage or property.

Passengers should also be aware that under the Athens Convention (an international treaty applicable to some cruises), personal injury compensation is capped unless “fault or neglect” can