Pregnancy & Cruising: What To Expect If You Are Expecting

The Washington Post published an interesting article about what pregnant women should expect when they go on a cruise. Written by Christopher Elliott, the article is entitled "What to Expect if You're Expecting to Cruise.

Different cruise lines have different policies when it comes to when a pregnant woman is no longer welcome on a cruise ship. Some cruise lines prohibit women who are 24 weeks pregnant to cruise. The theory, I suppose, is that the risk of something going wrong with the pregnancy, such as premature birth, increases once the pregnancy enters her third trimester?

As Mr. Elliott points out, just two weeks a go a pregnant woman aboard a Disney cruise ship had to be Cruise Ship Pregnancy Policymedevaced after developing complications shortly after the ship left Galveston. You can watch the dramatic hoisting of the passenger up to the Coast Guard helicopter here.    

Of course neither cruise lines nor pregnant passengers want to have to summons the Coast Guard to conduct a rescue on the high seas late at night. Once the ship is a few hundred miles away from port, no helicopter will arrive to save the day.

So everyone seems to be on the same page that cruise pregnancy policies are a good idea.  But the problem is - what happens when a pregnant customer does not read the fine print buried in the cruise ticket and is a few days past the cruise line's deadline? What rights does the cruise consumer have in this situation?  

None, it seems.  The Washington Post article correctly points out that the terms of the ticket control. Unfortunately, the cruise line is likely to block a "too pregnant" passenger from boarding while keeping the passenger's cruise fare. No refund. No exceptions. No future credit.

That's a harsh approach, particularly because some people buy cruises up to a eight months to a year in advance. If a baby is conceived after the cruise is purchased, you'd think that the cruise lines would say congratulations and be reasonable. They're not.  Cruise lines seem to take advantage of the situation.   

Mr. Elliott writes that it is almost like the cruise lines want to make an example by barring pregnant women who don't comply with the policy as a motivation for the public to purchase travel insurance which, not coincidentally, is also sold by many of the cruise lines.

The newspaper quoted me, for what that's worth;  Here's my take:

"I don't think it's unreasonable for the cruise lines to adopt pregnancy policies, particularly given the limited nature of the medical facilities on cruise ships and the absence of doctors who are experienced in obstetrics and gynecology," says James Walker . . . specializing in maritime law. "The problem arises when there is a good-faith misunderstanding by the pregnant passenger, and the cruise line takes a rigid attitude and pockets the consumer's money."

 

Photo credit: SheKnows.com 

Costa Concordia Survivors Face February 12th Deadline!

There is a lot of talk in the media about so-called "class action" lawsuits, arising out of the Costa Concordia cruise disaster, seeking hundreds of millions of dollars in compensation and other far fetched claims.  Most of these exaggerated claims are being made by lawyers who have absolutely no experience handling maritime claims.

What is not being discussed in the media is that the Costa Concordia survivors are facing a deadline as early as the end of this week. The deadline pertains to the passenger's claim for their lost luggage, clothing, electronics, jewelry and other personal effects.

According to the terms of the Costa Cruises passenger ticket, passengers must provide written notice to the company identified in the ticket for all claims other than physical or emotional injury, Costa Concordia Cruise Lawsuit Deadlinesillness or death within thirty (30) days of the incident.  Here is the pertinent language: 

" . . . 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."  (emphasis added) 

Thirty days from the January 13th incident is next Sunday, February 12th.  All passenger intending to make a claim for their personal belonging must send a  "written notice of the claim with full particulars" and deliver it to the carrier identified in the passenger ticket, or its duly authorized agent, within the next week.

If you don't send the notice in timely and to the correct company, the passengers risk not satisfying one of the "conditions precedent" necessary before a lawsuit can be filed.

The fact that Costa has offered 11,000 Euros (around $14,600) for a settlement does not extend a passenger's obligation to provide the required notice within 30 days.

The deadline again is Sunday, February 12, 2012. 

If you need assistance in sending the notice to the correct company and correct address, do not delay.  We will be pleased to assist you free of charge in sending the property damage notice in.

Our firm and our co-counsel, Glenn Holzberg, are also assisting about two dozen passengers who suffered physical and / or psychological injuries during the Costa Concordia disaster.

Unlike many non-maritime lawyers rushing to file suit in the U.S. (and are probably filing suit in the wrong jurisdiction), we are recommending patience to our client once they send in the necessary notices to the cruise line.  We will be negotiating directly with the cruise line to obtain fair compensation for those who have suffering emotional or physical injuries.  We are not charging a fee on any portion of the first $14,600 obtained by our clients.  All passengers are offered this amount and it would not be fair to obtain a percentage of what is already offered. 

Claims for emotional anguish and personal injury and death must be filed within one year, and require a notice letter being sent within 6 months.  

Claims for property losses must be filed in six (6) month for the date of the incident, after the aforementioned notice letter sent within 30 days.

If you are confused about whether to accept the Costa $14,600 offer, or need assistance preparing the correct forms, please send me an email jwalker@cruiselaw.com or give us a call.