When you think of a cruise ship vacation, your mind may think about luxury and leisure. While that may be true, it’s also true that accidents and crimes can happen on cruise ships. If you are preparing to go on a cruise, it is vital to understand the laws that apply to you and your traveling companions. In this article, we highlight some of the key legal aspects you must know before going on a cruise ship.
Passenger Rights on a Cruise Ship
Passenger rights on cruise ships are established to provide security and safety for travelers. Understanding these rights before you go aboard a cruise can help you make informed decisions if you fall victim to any accidents or crimes on board. It also helps avoid acts, such as violations of environmental regulations and sustainability, that can lead to legal issues for you.
As a passenger on a cruise ship, you have the right to know what security will be provided to you on board. This includes what protocol will be followed if a crime happens on board. In most cases, cruise ships provide a security guide document that states the procedures to follow if you are a victim to or witness a crime on board the cruise ship.
You also have the right to get a forensic exam on board for a physical or sexual assault while you are on board the cruise ship. Cruise ships are required by law to have materials and equipment on board for a basic forensic exam of the victim. This helps preserve evidence for the case.
Another important right as a passenger on a cruise ship is your right to confidentiality. If you request certain support services on board, such as medical staff or counselors, the information you share with them must remain confidential. In some cases, you may be able to sue the cruise line for illness, but you will have to prove they violated their “duty of care”.
While the rights of passengers on cruise ships are designed to mimic the rights of an individual under federal law, there are often some complexities. It is best to consult with an experienced maritime attorney to understand your rights.
Who Enforces Law on a Cruise Ship?
With cruise ships, there is no official police; however, they have security personnel on board. The security personnel are not official law enforcement officers. They are employees of the cruise ship. They are usually trained to handle security incidents on the cruise ship and know the protocols to follow for preserving evidence.
If the victim or suspect is a U.S. citizen and the cruise sails to or from the U.S., then the FBI has jurisdiction over the case. Regardless of citizenship, the FBI can also get involved if a crime is committed while the vessel was in U.S. jurisdiction, which is defined as 12 nautical miles of the coast in the territorial sea. If it is not a territorial sea, the jurisdiction extends to 24 nautical miles.
Crimes in International Waters
According to the Cruise Vessel Security and Safety Act, any cruise ship that embarks or disembarks in the U.S. is required to report any crimes that happen on board. This includes crimes such as robbery, sexual assault, manslaughter, murder, theft, and kidnapping.
There are also laws that govern reporting and investigation of crimes on international waters. Once the cruise ship is more than 24 miles from the U.S. coast, it is considered as being in international waters.
If the FBI has jurisdiction over the case, FBI agents work with the Department of Justice’s Office of International Affairs to determine the level of FBI involvement. In most cases, the level of FBI involvement depends on the territory where the crime happened. The FBI does not have the legal authority to step on a vessel outside of U.S. territory without the permission of the flag state of the cruise.
Generally, cruise ship operations often flat their ships in territories with less stringent laws so they can have less oversight on their operations. However, cruise ship operators are more cautious if a crime happens on board.
Crimes on a Foreign Port
Crimes on foreign ports typically offer less jurisdiction to the U.S. law enforcement agencies such as the FBI. If a crime happens while the cruise ship is at a foreign port, the local law enforcement authorities may come on board to investigate the crime. For passengers on a cruise ship, their primary contact would still be the cruise security personnel. Therefore, it is vital to remember to report any crimes to cruise security personnel so they can take prompt action.
Environmental and Sustainability Regulations
All cruise ship passengers are required to abide by environmental and sustainability regulations. These laws help protect the water from pollution and to help support sustainable tourism. You can face fines and other types of penalties if you are convicted of such a crime. Cruise ship operations are also required to follow several rules and regulations for sustainability, such as following certain procedures for waste disposal and recycling.
Recovering Compensation for Cruise Ship Injuries
As a cruise ship passenger, it is best to refrain from any activities or behavior that can have negative consequences. Whether you are on land or water, you will be held accountable for any wrongdoing or negligence. Similarly, if you are a victim of negligence or wrongdoing, you are entitled to recover compensation for your suffering.
The laws that apply to cruise ship passengers can change depending on the location of the vessel. These laws can often get complex, so you are likely to benefit by hiring a maritime attorney. If you have been a victim of a crime or just need to know information before you go on board, don’t hesitate to contact an attorney. They can guide you on which laws are applicable to your case and discuss your legal options. In addition, if you need to file a claim or take the case to court, the attorney can help you with the paperwork, gather evidence, and represent you in court. You can find more here.