Saturday, March 14, 2015

Have You Ever Read The Fine Print?

The following comes from Carnival Cruise Lines' terms and conditions:

(b) No tools of trade, household goods, presents and/or property of others, jewelry, money, cameras, documents, valuables of any description including but not limited to such articles as are described in Title 46 of the United States Code section 30503 shall be carried except under and subject to the terms of a special written contract or Bill of Lading entered into with Carnival prior to embarkation upon application of the Guest. The Guest warrants that no such articles are contained in any receptacle or container presented by him as baggage hereunder, and if any such articles are shipped in the Guest’s baggage in breach of this warranty, no liability for negligence, gross or ordinary, shall attach to Carnival for any loss or damage thereto.
Really?  No jewelry, money, or cameras?
(c) Carnival shall not be liable for: (1) Guest’s failure to comply with the requirements set forth in Clauses 4(a) and 4(b); (2) any loss or damage before baggage comes into Carnival’s actual custody on board or after baggage leaves Carnival’s actual custody on board, including, but not limited to, loss or damage by airlines or other transportation services; (3) any loss or damage of baggage while not in the actual possession, custody and control of Carnival; (4) damage due to wear, tear or normal usage; (5) any loss or damage of perishable items, medicine, liquor, cash, securities or other financial instruments, or (6) any loss or damage while in the custody and control of stevedores.

(d) It is stipulated and agreed that the aggregate value of Guest’s property, does not exceed $50 USD per guest or bag with a maximum value of $100 USD per stateroom regardless of the number of occupants or bags and any liability of Carnival for any cause whatsoever with respect to said property shall not exceed such sum, unless the Guest shall in writing, delivered to Carnival, prior to embarkation, declare the true value thereof and pay to Carnival prior to embarkation a sum equal to 5% of the excess of such value. If Carnival shall be held liable for the loss of or damage to Guest’s baggage or property it is agreed that such liability shall not exceed the lesser of: (1) the actual cash value, or (2) value declared in the manner above provided (up to U.S. $100 USD if no such declaration has been made). Declared value amounts to be proportionately reduced in any case where less than all of Guest’s baggage or property is lost, delayed or rendered unusable due to damage.  In no event shall Carnival be liable to pay any compensation if the nature or value of the property has been misrepresented.
We really have to agree that our belongings don't exceed $50 in value, otherwise we have to pay Carnival for the privilege of bringing them on board?

Sometimes I really hate lawyers.


Mrs. Widget said...

Hmmm...looks like something so they don't have to pay if something is stolen or lost; say the ship sinks. I wonder if it would hold up in court.

Steve USMA '85 said...


Darren said...

I don't want to say always--I might need one some time :)

Anonymous said...

(a) In General.—If a shipper of an item named in subsection (b), contained in a parcel, package, or trunk, loads the item as freight or baggage on a vessel, without at the time of loading giving to the person receiving the item a written notice of the true character and value of the item and having that information entered on the bill of lading, the owner and master of the vessel are not liable as carriers. The owner and master are not liable beyond the value entered on the bill of lading.

(b) Items.—The items referred to in subsection (a) are precious metals, gold or silver plated articles, precious stones, jewelry, trinkets, watches, clocks, glass, china, coins, bills, securities, printings, engravings, pictures, stamps, maps, papers, silks, furs, lace, and similar items of high value and small size.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1512.)

Darren said...

We're not "shipping" items, as from someone to someone. So there's no "person receiving the item".