The cruise line bill of rights in the United States. Maybe it was the threat of government regulation from Sen. Charles Schumer (D-N.Y.), a vocal critic of the cruise industry that made it move.
Then again, maybe we should just take the cruise industry at its word on its decision, announced just before the Memorial Day holiday, to introduce a passenger โbill of rights.โ
But hereโs what we have: a promise by the Cruise Lines International Association (CLIA) to add a list of โrightsโ to its ticket contracts, the legal agreement between passengers and the cruise line.
These include the right to leave a docked ship if it canโt provide essentials such as food, water, bathroom facilities and medical care; the right to a full refund for a trip canceled because of mechanical failures, or a partial refund if a trip is cut short for the same reason; and the right to timely updates about any changes in a shipโs itinerary caused by a mechanical failure or an emergency.
None of these rights is new. Instead, they codify โmany longstanding practices of CLIA,โ according to Christine Duffy, the organizationโs chief executive. โThe cruise industry is committed to continuing to deliver against the high standards we set for ourselves in all areas of shipboard operations,โ she adds.
But would the bill have affected the outcome of any recent customer-service meltdowns, including the Triumph fiasco, or even the latest disaster, a fire that cut short a sailing on Royal Caribbeanโs Grandeur of the Seas recently? Stewart Chiron, a Miami travel agent whoโs known for his pro-industry views, says that the answer is โno.โ
Rather, he thinks that the reason for the bill is political. Late last year, CLIA merged with several trade groups, including the European Cruise Council, the Asia Cruise Association and the Passenger Shipping Association, and is just taking the new organization on a โtest driveโ with this bill.
โIt made sense to quickly agree on a consistent cruise passenger bill of rights,โ he says.
Perhaps too quickly. Although CLIA representatives claim that they collaborated closely with Schumer on the bill, the senator appeared to be caught off guard by the sudden announcement, made at a time when no one was likely to pay attention to it.
In a letter to CLIA, Schumer pressed the association for specifics on its new pledge. Who determines that essential provisions such as food and water canโt be provided? What exactly are the cruise linesโ current reimbursement practices? How will passengers be notified of changes to their itinerary?
Schumer has called the bill โa step in the right directionโ but has stopped short of endorsing it. โI still have many remaining questions, both on the content and how the bill of rights will be enforced,โ he told the Associated Press. A CLIA representative said that the organization will answer him โsoon.โ
Passengers are skeptical, too. Some say that theyโd prefer deeds to words when it comes to passenger protections. โIf the cruise lines had any brains, theyโd forgo some of their billions of profits yearly for their good name and get their guys trained in damage control,โ says Richard Johnson, a retired naval officer who lives in Cedar Hill, Texas, โAnd firefighting.โ
To others, the existing passenger contract is something of a joke, and adding passenger rights language is little more than a punch line.
Bruce Helenbart, an engineer from Hazelwood, Mo., says that he recently had to wade through a 20-page cruise ticket contract and sign it before setting sail. It included disclaimers stating that the cruise line wasnโt responsible for the shipโs doctor, provisions limiting Helenbartโs ability to sue the cruise line and a clause that allowed the company to alter the itinerary any way it chose to. Whatโs more, the agreement was whatโs known as an โadhesionโ contract โ a one-way agreement that bound him. If he didnโt sign it, he couldnโt board.
โItโs all there except about the volunteering to be turned into a manipede,โ he says.
James Walker, a maritime attorney based in Miami, says that customers are correct to disbelieve the cruise industryโs new customer-service rhetoric. โItโs actually a step in the wrong direction,โ he told me. โWhat this bill of rights does, in fact, is limit the liability of cruise lines.
For example, if this bill had been in effect during the Triumph disaster, then Carnival would have been obligated only to refund part of the passengersโ payment โ not to repay the cost of the entire cruise, cover passengersโ transportation expenses, zero out their onboard bills, issue a voucher for a future cruise and pay them $500 each, as Carnival did, he says.
โI would view this as a PR move that effectively limits the rights of passengers,โ he adds. โThey are proposing rights that are beneficial to the cruise lines, but not to their customers.โ
The cruise industry needs the positive publicity that would probably come from an uncritical industry press. But more importantly, says Walker, it hopes to keep likely legislation by Schumer, which would have the force of law, from ever reaching the Senate floor.
Bill or no bill, the fact remains that youโre still giving up a lot of rights when you sign up for a cruise. Maybe too many. The only way to avoid that โ at least for the foreseeable future โ is to stay on dry land.