Costa Cruise Sample Contract

DISCLAIMER: Cruise lines constantly update and amend their Passenger Ticket Contracts. For specific guidelines, time limitations, venue selection clauses, or other information, you must look at your specific Contract. The following is meant as a sample only and should not be relied upon in any way for guidance or advice.

Forum Selection Clause and Time Limitation

• Forum Selection Clause and Time Limitation
  1. Claims for Injury, Illness or Death and Claims Brought in Small Claims Court All claims, controversies, disputes, suits and matters of any kind whatsoever arising out of, concerned with or incident to any voyage that departs from, returns to, or visits a U.S. port and involving physical or emotional injury, illness or death in which the amount in controversy does not exceed seventy five thousand U.S. dollars (US$75,000) shall be instituted only in the courts of Broward County, Florida, to the exclusion of the courts of any other county, state or nation. All such claims involving physical or emotional injury, illness or death in which the amount in controversy exceeds seventy five thousand U.S. dollars (US$75,000) shall be filed only in the United States District Court for the Southern District of Florida located in Broward County, Florida, to the exclusion of the courts of any other county, state or nation. All claims brought in small claims court shall be instituted only in the small claims courts of Broward County, Florida.
  2. All Other Claims All claims, controversies disputes, suits and matters of any kind whatsoever arising out of, concerned with or incident to any voyage that departs from, returns to, or visits a U.S. port, or to this Contract if issued in connection with such a voyage, other than for physical or emotional injury to, illness or death of a Passenger and claims brought in small claims court, whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses relating to or in any way arising out of or connected with this Contract or Passenger’s cruise, no matter how described, pleaded or styled, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., (“FAA”) in Broward County, Florida, U.S.A. to the exclusion of any other forum. Passenger hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in Broward County, Florida. The arbitration shall be administered by the American Arbitration Association under its Commercial Dispute Resolution Rules and Procedures, which are deemed to be incorporated herein by reference. The arbitration administrators mentioned above can be contacted to answer questions as follows: American Arbitration Association, 100 Southeast 2nd Street, Ste. 2300, Miami, Florida 33131 (305) 358-7777 (http://www.adr.org). Neither passenger nor carrier shall have the right to a jury trial or to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court. The arbitrator’s decision shall be final and binding. Other rights that passenger or carrier would have in court also may not be available in arbitration. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Carrier and Passenger further agree to permit the taking of a deposition under oath of the Passenger asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of Paragraph 2(a)(i) above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Paragraph.
• Voyages That Do Not Depart from, Return to, or Visit a U.S. Port All claims, controversies, disputes, suits and matters of any kind whatsoever arising out of, concerned with or incident to any voyage that does not depart from, return to, or visit a U.S. port, or to this Contract if issued in connection with such a voyage, shall be instituted only in the courts of Genoa, Italy, to the exclusion of the courts of any other county, state or nation. Italian law shall apply to any such proceedings. No Right of Arrest – Regardless of whether the Passenger’s voyage departs from, returns to or visits a U.S. port, the Passenger hereby waives any right to arrest or otherwise detain the Vessel in any jurisdiction.

Time Limitations

The Carrier shall not be liable for any physical or emotional injury, illness or death of a Passenger unless written notice of the claim with full particulars is delivered to the Carrier or its duly authorized agent within 185 days after the date of injury, illness or death. No legal proceedings whatsoever shall be maintainable in any event unless filed within one year after the date of injury, illness or death, and unless valid service is effected upon the Carrier within 120 days after commencement of the proceeding. The Carrier shall not be liable for any claims whatsoever, other than for physical or emotional injury, illness or death of the Passenger, unless written notice of the claim with full particulars is delivered to the Carrier or its duly authorized agent within thirty (30) days after the Passenger shall be landed from the Vessel, or in the case the voyage is abandoned within thirty (30) days thereafter. No legal proceeding whatsoever, other than for personal injury, illness or death, shall be maintainable in any event unless filed within six (6) months after the Passenger shall be landed from the Vessel, or in the case the voyage is abandoned within six (6) months thereafter, and unless valid notice or service is effected upon the Carrier within 120 days after commencement of the proceeding.