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U. MIAMI INT'L & COMP. L. REV.
V. 23
Cruise contracts are notoriously restrictive
regarding the rights of passengers, and
Costa's 6,400-word contract is no exception.
The Costa contract sharply limits the kinds of
lawsuits that can be brought, where those
suits can be brought and how much the
company can be made to pay. All such
provisions have been upheld in the courts of
the United States[.] Costa's contract states
that the line will pay no more in cases of
death, personal injury and property loss than
about $71,000 per passenger. It allows no
recovery for mental anguish or psychological
damages. It bars class-action suits . . . For
cruises that do not involve a United States
port, the contract states, any litigation must
be brought in Genoa, Italy, and be governed
by Italian law. But when it comes to liability,
the contract says the company can take
advantage of any limits set by international
treaties or the laws of the United States,
which are very generous to owners of vessels.
If there is a conflict among the patchwork of
laws and treaties regarding liability, it says,
"the Carrier shall be entitled to invoke
whichever provisions provide the greatest
limitations and immunities to the Carrier." 15
By 2009, the former European Community, which
ceased to exist with the entry into force of the Lisbon
15 Schwartz, supra note 11, at A8.