Ill, sick or had an accident onboard a cruise ship?
If you have suffered an illness or accident onboard
a cruise ship you need to know that the Law regarding
holiday compensation claims is different to when
you make a claim regarding a hotel or resort.
Tour operators and Cruise line operators include terms
in their holiday contracts which allow them to rely
on the Athens Convention if a passenger suffers
an accident or an illness during a cruising
Our Cruise Compensation Specialists regularly take on
claims involving holiday makers and passengers who
suffer accidents or illnesses onboard cruise ships.
We also often take on group action claims involving many people
who have contracted an illness during their cruise.
Illness often occurs onboard cruise liners due to that fact that
they share certain facilities eg meal services
and swimming pools. Outbreaks of illness on cruise ships caused by a "norovirus"
or salmonella food poisoning are now commonly reported.
The Athens Convention applies to international carriage by
- This is when the port of departure and the place of destination are different, or
- Where the port of departure and destination are the same, but there is also a port
of call in a different country
For Example: The Athens Convention would apply to a cruise that’s departed from
Spain and disembarked in England or where the cruise departed from Spain with a
port of call in Italy and disembarked back in Spain.
This area of law is complex and there are other rules that
apply. For example by virtue of the Carriage of Passengers and their Luggage
by Sea (Domestic Carriage) Order 1987 the provisions of the Athens Convention
apply to voyages from ports in the UK
that do not have any other intermediary ports of call.
What if my cruise departed from a foreign destination without any intermediary
ports of call?
If your cruise departed from a foreign destination without any intermediary ports
of call then you can rely on the Package Travel Regulations 1992
instead assuming the tour operator is a UK company.
In what country do I make my claim?
The Athens Convention provides that compensation claims for
personal injury and death can usually be brought in
the country most favourable to you.
For example, if a contract for a cruise is made in England by someone living in
England then even if the cruise departs from Spain that person can pursue a claim
for compensation in the English Courts.
Is there a time limit for making a claim?
There are strict time limits for bringing holiday cruise compensation
- Under the Athens Convention you have 2 years from
the date of your injury or illness
- Under the Package Travel Regulations you have 3 years
in which to make a personal injury claim
Athens Convention and the Package Travel Regulations - How they differ
- Operates in favour of the consumer as it imposes a presumption on the carrier
meaning they must prove it wasn't their fault
you were injured or became ill
- Imposes limits on the amount of compensation that
can be claimed for personal injury or death
- Claims have to commence in the Admiralty
Division of the High Court
For information purposes only we have listed below some tour operators and cruise
lines to whom the Athens Convention applies:
- Celebrity Cruises
- Costa Cruises
- Cunard Cruises
- Fred Olsen Cruises
- Island Cruises
- Ocean Village Cruises
- MSC Cruise
- NCL Cruises
- Norwegian Cruise Line
- P&O Cruises
- Princess Cruises
- Thomson Cruises
Package Travel Regulations 1992:
- Claims under the Package Travel Regulations 1992 mean that it is
up to you to prove the carrier was at fault
- Claims can proceed in the Country Courts
Cruise Ship Holiday Compensation Claims
If you have been injured or suffered from an illness
onboard a cruise ship give our cruise compensation Specialists
a call now to see how we can help you on Freephone: 0808 145 1353 or complete our
simple online enquiry form.