The fine print associated with a Royal Caribbean cruise has been updated.

Royal Caribbean informed passengers with a cruise booked that the cruise line has amended Cruise Ticket Contract, which is the legal terms all passengers agree to when booking a cruise.

In an email to guests, Royal Caribbean says the updates "simplify" the method in which guests have access to the contract. 

We’re making important changes to our legal terms and simplifying the process by which these terms – which are applicable to your cruise purchase and other activities, services, and products related to your cruise – are communicated to you and all our guests from around the world.

Royal Caribbean also highlighted three areas where the new cruise contract has been updated.

The changes will go into effect on April 12, 2023 and will apply to sailings that depart on or after that date.  

If you are currently booked on a voyage that departs on or after April 12, 2023, the new legal terms will apply. Additionally, the new legal terms will apply to those guests that book on or after April 12, 2023.  

The changes apply to the Cruise Ticket Contract, Booking Conditions, and Global Purchase Terms and Conditions.  Royal Caribbean highlighted three changes they believe are the most important.

In comparing the updated terms to the previous terms, here are the changes we noticed based on the USA terms of service.

Please keep in mind this writer, nor RoyalCaribbeanBlog.com, is not a legal expert of any kind. You should review the legal terms on your own and not rely in any way on a blog post to convey important legal information that affects you and/or your traveling party. This blog post is not to serve as offering legal advice of any kind.

Primary Country of Residence

One of the biggest changes appears to be the cruise contract now varies depending on where you live.

The cruise line says the the Cruise Ticket Contract or Booking Conditions applicable to your cruise purchase are now determined by your Primary Country of Residence.

This means whichever country you live in primarily at the time of booking will be which contract applies to you. Royal Caribbean will determine the primary country of residence based on what's indicated by you, your agent, or other representative at the time of booking the cruise or at online check-in.

This applies to each guest on a booking on an individual basis.

Countries listed as options for the cruise contract include:

• United States
• United Kingdom
• Ireland
• Canada
• Singapore
• Australia
• Spain
• Norway
• Sweden
• Germany-Austria-Switzerland
• Italy
• France
• Israel
• New Zealand
• Hong Kong
• China
• All Other Locations

Covid-19 policy

Royal Caribbean also updated their cancellation and Covid policies.

Pre-cruise cancellation due to Covid

One change in comparing the two American cruise contracts is there is now less days prior to a cruise beginning to have tested positive for Covid to qualify for a refund.

Royal Caribbean changed the policy from 14 to 5 days prior to embarkation if a passenger tests positive for Covid, exhibits signs or symptoms of Covid, or has had close contact with a person confirmed or suspected as having Covid, Royal Caribbean may deny boarding. 

The two changes here are 14 to 5 days, and the word "will deny boarding" to "may deny boarding".

Unless the passenger failed to follow Royal Caribbean's Covid policies and procedures, any passenger denied boarding under these circumstances will be entitled to either a refund or a future cruise credit equal in value to the cruise fare passenger paid.

Cruise cancellation or deviation due to Covid

The updated cruise contract removed verbiage under the "Cancellation, Deviation, Or Substitution By Carrier" section related to public health emergencies.

The phrase "as a result of a declaration of a public health emergency or government order" has been removed.

There's a few times the text was amended, here's one such change that exemplifies the nature of this change:

Old text

Carrier may for any reason at any time and without prior notice, cancel, advance, postpone or deviate from any scheduled sailing, port of call, destination, lodging or any activity on or off the Vessel, or substitute another vessel or port of call, destination, lodging or activity. Except as provided in Section 7.e below, and except as provided in Section 4.e or Section 4.f regarding an actual or suspected COVID-19 infection, and except where a refund is required by law as a result of a declaration of a public health emergency or government order cancelling the Cruise or delaying boarding of the Vessel by Passengers by three (3) days or more, Carrier shall not be liable for any claim whatsoever by Passenger, including but not limited to loss, compensation or refund, by reason of such cancellation, advancement, postponement, substitution or deviation.

Revised text

Carrier may for any reason at any time and without prior notice, cancel, advance, postpone or deviate from any scheduled sailing, port of call, destination, lodging or any activity on or off the Vessel, or substitute another vessel or port of call, destination, lodging or activity. Except as provided in Section 7.e below, and except as provided in Section 4.e or Section 4.f regarding an actual or suspected COVID-19 infection, and except where a refund is required by law because Carrier cancelled the Cruise or boarding of the Vessel by Passengers was delayed by three (3) days or more, Carrier shall not be liable for any claim whatsoever by Passenger, including but not limited to loss, compensation or refund, by reason of such cancellation, advancement, postponement, substitution or deviation.

Forum selection

The last highlighted change is to choosing where a lawsuit would be heard.

"The forum selection, exclusive jurisdiction and choice of law provisions have been modified to and now correlate to your Primary Country of Residence or the location of your cruise itinerary. "

A great deal of new legal terms were added to the "FORUM SELECTION; GOVERNING LAW; TIME LIMITS TO BRING SUIT; ARBITRATION; CLASS ACTION WAIVER:" section.

Essentially, there's a lot of new legal information related to how any legal action could occur and where it might occur. 

Why the cruise contract is important

The cruise contract is an important legal document that you agree to when booking a cruise.

It encompasses protocols and policies related to guest conduct and expectations during a cruise.

Every cruise line includes this as part of the agreement you make when you book a cruise.  

Upon placing a deposit, Royal Caribbean adds a check box to indicate the guest has read through the Cruise Contract and agrees to everything inside.

Airlines also have something similar, known as the Conditions of Carriage, that cover almost every scenario a passenger can encounter to clearly indicate expectations of rules and penalties for violating those rules.

As some of the guests on the White Island volcano shore excursion pursue legal action against Royal Caribbean for having offered the tour, the cruise line has asked the Australian government to have the cases heard there, and not in the United States.

A couple from the United States, Ivy and Paul Reed, filed a lawsuit in Miami after they were severely burned when the White Island volcano erupted while they were on a shore excursion there. Australians Marie and Stephanie Browitt have also filed a lawsuit in the US against the cruise line.

Royal Caribbean believes the ticket contract governing the voyage means courts in the Australian state of New South Wales are the only venue that can hear disputes over the incident.

On December 9, 2019, the White Island volcano erupted while tourists were visiting, including some on a shore excursion. The natural disaster killed 22 people, along with 25 additional injuries. Among the dead are Marie Browitt’s husband, Paul, and daughter, Krystal. 

Ovation of the Seas was visiting the port of Tauranga, a coastal city about 90 km (56 miles) from White Island.

A number of Royal Caribbean guests were touring the volcano on the day of the eruption.

The lawsuit alleges that Royal Caribbean was aware, or should have known, the volcano was dangerous but offered the tour anyway.

The Reeds and the Browitts have filed separate lawsuits in the US against Royal Caribbean, seeking damages for the disaster. The lawsuits are made under Florida’s wrongful death laws.

Royal Caribbean claims that both the Reeds and the Browitts are bound by ticket terms and conditions that restrict any legal action to the New South Wales courts, and that the legal cases filed in the United States should not move forward.

An Australian lawyer for the Browitts, Peter Gordon, claims the family never got a contract, "didn’t get a contract that said anything about where suits should be litigated."

If you have gone on a cruise in the last year or so, you would know there has been a big trend in guests wearing shirts with fun cruise puns on them, and it appears Royal Caribbean is getting in on that action.

On January 10, Royal Caribbean filed a trademark application with the United States Patent and Trademark Office for "Make Ship Happen".

Trademark registrations are usually quite vague, and rarely contain any information on what the trademark is intended to be used for in the future.  In this case, the trademark is listed as being for good and services and described as "Ornamental lapel pins".

The "Make Ship Happen" phrase has become popular with guests who make matching t-shirts for everyone in their group to wear aboard the cruise ship. Other popular phrases I have seen include, "Yea buoy!" and "Let's get ship faced!".

Even more curious, on the same day, Royal Caribbean also registered a trademark for "Rec Room" with the description of "Cruise ship services". 

Would you buy merchandise with "Make Ship Happen" on it? Do you enjoy the cruise pun shirts? Let us know in the comments!

Royal Caribbean has filed a lawsuit against the owners of two web sites that have domain names that are typos of royalcaribbean.com.

The two sites, RoyalCaribean.com and RoyalCarribean.com, are lead generation sites that are meant to look like Royal Caribbean's official site.

The lawsuit claims these mis-spelled domain names aim, "to misdirect potential customers away from Royal Caribbean's website.  The Defendant Domain Names thereby wrongfully profit from the goodwill and reputation of Royal Caribbean and its distinctive Royal Caribbean mark."

It appears both domains are owned by the same person and the lawsuit claims the owner lives in India.

Royal Caribbean is seeking the two domains be transferred to Royal Caribbean's ownership and any other damages the court deems appropriate.

Royal Caribbean tried to trademark the name "Broadway At Sea" for its onboard musical theater that it offers but its trademark registration was denied by the Trademark Trial and Appeal Board.

This week, Royal Caribbean filed an appeal with the TTAB.

Royal Caribbean believes that "Broadway" is traditionally used as a noun to refer to the street in New York City, whereas Royal Caribbean's name differs.

The trademark office attorney argued why Royal Caribbean's trademark request was descriptive, "Applicant is reminded that the question is not whether someone presented only with the mark could guess what the services are.  In context with the identified services offered by applicant, potential consumers will immediately understand that the term 'Broadway' refers to Broadway-style shows."

A Florida federal judge threw out a lawsuit against Royal Caribbean that alleged fraudulent behavior in which the company's executives were accused of “artificially inflating the company’s stock price by concealing lagging bookings”.

District Judge Kathleen M. Williams said the plaintiffs couldn’t prove the cruise company knowingly took such action, which was specifically over activity in the European and Mediterranean markets.

In addition, the judge said Royal Caribbean was protected by safe harbor provisions under the Private Securities Litigation Reform Act. This is because the firm included forward looking statements in its earnings conference calls and filings with US Securities and Exchange Commission that weren’t boilerplate, which the plaintiff had argued.

“The court finds that these warnings were given in advance of the risks materializing and thus are sufficient to protect defendants under the PSLRA’S safe harbor provision,” Judge Williams said. “Therefore, having found that the allegedly misleading statements were forward looking and were accompanied by meaningful cautionary language, dismissal is appropriate.”

Judge Williams said Royal Caribbean specified in its Form 10-K filings with the SEC that operating internationally brought with it risks of “volatile local political conditions,” the possibility of decreased demand because of “fear of hostilities and resulting political instability” and “effects from “economic or geo-political factors beyond our control.”

“The warnings, which went back to 2009 before the Arab Spring and Japanese tsunami, cautioned investors that the company operated internationally in the travel industry and thus was subject to the uncontrollable factors of political and economic instability and port availability,” Judge Williams said. “Moreover, because the company is a leisure company, its success is dependent on its customers’ financial situations and fluctuating ability to afford vacations in difficult economic times.”

In news that potentially could affect all cruise lines, including Royal Caribbean, New York Senator Charles "Chuck" Schumer is asking the cruise industry to adopt a "bill of rights" for passengers that will guarantee  certain protections while aboard their ships.

The Democrat from New York says he will ask the big cruise lines to voluntarily adopt guidelines that would include guarantees that cruise ships have sanitary conditions, back-up power, medical staff and other standard procedures.

Schumer's plan would also include the right to a full refund if a trip is abruptly canceled due to mechanical problems.

The senator is also calling on the Secretary of State to negotiate with countries that host cruise ships U.S. passengers use to adopt the rights.

Brazilian Judge Juarez Fernandes Folhes of the 14th Civil Chamber of the Court of Rio, upheld a ruling against Royal Caribbean Brazil that compensated a cruise ship passenger, Solange Maria Cordeiro da Silva, for $ 10,000 in damages.

According to the decision, while onboard Royal Caribbean's ship, Solange had a strong allergic attack caused by painting repairs that were made by Royal Caribbean in the corridors near his cabin.  He contends the paint fumes ended up affecting his physical health negatively.

For the judge, the conduct of the company to paint  the inner walls of the vessel while passengers are onboard, is incompatible with the nature of the services provided by the cruise company, "It is unreasonable that a ship entertainment, fully functioning, complete paint repairs during the voyage, leaving his crew at the mercy of odors and discomfort generated by the use of toxic dyes."

Royal Caribbean claimed that the fact that the paint used have caused allergic reaction was exclusive fault for what happened, because if the passenger had reported the possibility of allergic reactions by using products such as paint, the company would had changed its procedures.

However, the judge found that Royal Caribbean has a strict liability on the procedures to take and respond to the physical integrity of its passengers. He also highlighted the moral and material damage that the passenger could no longer enjoy the services he was entitled to under the cruise contract because his health was compromised.

A man from Brazil pleaded guilty to two counts of lewd and lascivious battery in the rape of a 15-year-old girl on the last day of cruise aboard Royal Caribbean's Allure of the Seas.

Luiz Scavone, 20, was sentenced by Broward County Judge Matthew Destry to one year in prison and was also declared a sex offender. In addition, following Scavone's jail sentence, Federal officials will arrange for the man to be deported back to Brazil.

Scavone and his 15-year-old brother were arrested back on January 3 for sexual assault of a teenage girl from Iowa that they lured to a private room from an onboard nightclub.

 If Scavone returns to the United States, he will be required to notify corrections officials and be supervised as a sex offender. 

Loxly Johnson was sentenced to 20 years in prison for after he tried to import drugs into Baltimore aboard Royal Caribbean's Enchantment of the Seas.

According to federal prosecutors, Johnson and his accomplices picked up cocaine and heroin in the Dominican Republic but a security officer tipped off U.S. Customs officials, who set up an inspection when the ship returned to Baltimore.