Man Sues Celebrity

[K12Guy]

When I see things like this I do wonder how words written on a piece of paper (even signed) can cover all legal jurisdictions anywhere in the world., no matter how complex or byzantine :Dthey might be. For example, in the UK you can not sign away certain protections you have in law (e.g. allowing yourself to be assaulted or for employment law not to apply to you) .

 

Additionally, if I book my cruise directly with Celebrity or a TA in the UK I'm pretty sure I don't have to go to Dade county in all circumstances for action against Celebrity, UK t&c's clearly bring in ABTA (Association of British Travel Agents) in matters of dispute? Within Europe don't things like The Athens Convention ( relating to the Carriage of Passengers and their Luggage by Sea)

and its various protocols and regulations also play a part?

 

Maybe this is why it's more expensive to book in the UK

 

I

It certainly could be. If Celebrity was based in London I would expect they would require any filings against them to be made in England. Because their offices are based in Miami they make the contract easiest for them in the case someone feels the need to file a claim against them. All the filings can be made remotely, or through a local lawyer, but if and when a case goes to court any trial will be held in Florida. I suppose in exigent circumstances a person could arrange to testify via a video link of some sort. I think the salient issue is that a cruise ship is a means of transportation and not parked on a long term basis and all passengers are considered temporary visitors, thus any court actions refer to the land based operation, in this case Miami. Make sense?

[RocketMan275]

When I see things like this I do wonder how words written on a piece of paper (even signed) can cover all legal jurisdictions anywhere in the world., no matter how complex or byzantine :Dthey might be. For example, in the UK you can not sign away certain protections you have in law (e.g. allowing yourself to be assaulted or for employment law not to apply to you) .

 

Additionally, if I book my cruise directly with Celebrity or a TA in the UK I'm pretty sure I don't have to go to Dade county in all circumstances for action against Celebrity, UK t&c's clearly bring in ABTA (Association of British Travel Agents) in matters of dispute? Within Europe don't things like The Athens Convention ( relating to the Carriage of Passengers and their Luggage by Sea)

and its various protocols and regulations also play a part?

 

Maybe this is why it's more expensive to book in the UK

 

I

 

You are correct. The cruise contract for UK bookings includes this statement: "If you do not wish to use the ABTA service, the EU Online Dispute Resolution Service or the dispute is not resolved as a result of using their services, you may go to court. We both agree that any dispute, claim or other matter arising out of or in connection with your contract or your holiday with us will only be dealt with by the Courts of England and Wales."

https://www.celebritycruises.co.uk/terms-and-conditions/booking-conditions/

That's the point. The only court of jurisdiction is the Southern District court in U.S. Federal court in Florida.

 

 

No place overseas has jurisdiction. From the Legal Information page for Celebrity Cruises:

"You consent to the exclusive jurisdiction and venue of the courts in, and agree that any action at law or in equity arising out of or relating to these terms shall be filed only in, the state or federal courts located in Dade County, Florida. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action"

 

This is what a passenger agrees to when they book and pay for their trip. Just so you know.

 

 

Depends entirely upon where the passenger made the booking. While it might be reasonable to assume this guy made the booking in the US, and if he did then, you are correct. However, the place of booking was not stipulated in the OP so it is possible that other contract language applies.

[K12Guy]

You are correct. The cruise contract for UK bookings includes this statement: "If you do not wish to use the ABTA service, the EU Online Dispute Resolution Service or the dispute is not resolved as a result of using their services, you may go to court. We both agree that any dispute, claim or other matter arising out of or in connection with your contract or your holiday with us will only be dealt with by the Courts of England and Wales."

https://www.celebritycruises.co.uk/terms-and-conditions/booking-conditions/

 

 

 

Depends entirely upon where the passenger made the booking. While it might be reasonable to assume this guy made the booking in the US, and if he did then, you are correct. However, the place of booking was not stipulated in the OP so it is possible that other contract language applies.

Interesting. Thanks for sharing. We all learn each day.

[Expat Cruise]

You need to look at the cruise contract. Most people in the United States book on the US site and contract, so they are covered under that contract. If you are booked through another site and country you follow the rules for that site and country and contract. And also depends upon what has happen we are talking about a civil claim here, not criminal. No one can question only this one Federal Court for filing because already heard and ruled by US Supreme Court. Unless someone could get the current Supreme Court ruling over turned.