I admin on a cruise discussion board and whilst trawling the news items today found a story about a couple who contracted food poisoning aboard Independence of the Seas earlier this year.
Ordinarily you would assume that letters of complaint about food hygene etc would go to RCI...since they own the ship and they ultimately have responsibility over the food prep etc.
But this couple have decided to sue the agent who they booked the cruise through and not RCI.
I find this disturbing, especially since the agent has absolutely no control over what the ship does or how it is run on a day to day basis.
The story is here..
http://www.examiner.co.uk/news/local-west-yorkshire-news/2009/11/05/luxury-cruise-turns-nasty-for-hove-edge-couple-who-got-food-poisoning-86081-25094786/
Have any agents had similar experiences to this...I am quite shocked really...I cannot see how anyone can hold an agent responsible for mistakes made by a cruise ship?
That is worrying, I would be very interested to hear from other agents who have had similar experiences. Emily
I think you will find the lawyers acting for an agent will take the agency defense approch... If there where acting as agent and did not package it on there own. In which case they are the tour operator.
It would be interesting to know how the prosecution intend on proving that the agency owes the couple a duty of care re the food on board? Surely Donoghue v Stevenson (1932) would show that the manufacturer of goods (in this case RCCL) owes a duty to the consumer? Although it has been an awfully long time since I studied law and I never pursued it as a career after getting my grades, but is there any reason that Lord Atkins neighbour test shouldn't apply in this case?
I may not understand the legal reasons, but from a pure common sence point of view, how could you possibly even begin to think to sue the TA. What gone wrong with the world.
Luxury Cruises,
They dont stand a chance, if they get a half decent solicitor I am sure he will tell them the same. They will be better off suing the cruise line, I doubt it they will get much out if except a really high lawyers bill at the end.
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With Norovirus being fairly common, this case could open floodgates if it was ever to be found in favour of the couple and against the travel agent.
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