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Subscribe to RSSThe Carnival Triumph fire that knocked out power and left more than 4,000 passengers and crew stranded without air conditioning, hot food or working toilets was traced to a flexible fuel oil return line. NBC's Brian Williams reports.
The cause of the engine fire that left the cruise ship Carnival Triumph without power for five days was a leak in a fuel oil return line that sprayed onto a hot surface, the Coast Guard announced Monday.
Lt. Cmdr. Teresa Hatfield, head of the U.S. Coast Guard Marine Casualty Investigation Team, said the oil caught fire when it made contact with the hot surface. She said the suppression system kicked on immediately and that the ship’s crew “did a very good job” in responding.
The fire is not suspected to have been caused intentionally.
During a teleconference with reporters Monday, Hatfield said the damage was contained to a relatively small area of the engine room. But because the oil burned at such a high temperature, crew members had to close off the room and could not immediately put out the blaze.
Hatfield deferred questions about when the fuel oil return lines were last inspected or why the damage had been so severe, saying only that the investigation is ongoing.
The Coast Guard has been with the vessel since it docked in Mobile, Ala., on Thursday and is conducting interviews with both passengers and crew. The service expects to complete the onsite investigation by the end of the week.
The Bahamas Maritime Agency is leading the investigation, but the Coast Guard and National Transportation Safety Board are leading the U.S. efforts.
The ship left from Galveston, Texas, on Feb. 7 for a four-day cruise that was to take passengers to Mexico. On the third day, the fire broke out, leaving the 4,200 passengers and crew with no power, a scarcity of food and only a few working bathrooms.
The final report on the incident could be six months away. Investigators are trying to determine why the fire disabled the ship.
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And that warrants a big red banner across the top of the news page as though it was a huge late breaking story?
Really?
It obviously merited your attention to comment on it ......
So they don't carry any spare parts? They couldn't make any kind of repair? I think I'll stick to dry land thank you.
Yes, it's news, considering how much we heard about the stranded ship. Spare parts? Once the fire occurred, it did more damage than could be fixed with spare parts. As we all know from our cars, sometimes parts fail for no apparent reason. It could be due to poor maintenance- or just bad luck. At least the fire suppression system worked and everyone arrived home safely.
Who is paying the Coast Guard and NTSB? I trust it is Carnival
This cruise ship is still in the news? Isn't it about time for the next big cruise ship disaster to be in the news already? A ship run aground, life-boat accident, someone falling overboard and the captain just saying something like, "It happens," and doing nothing about it, a murder being covered up, some strange decease outbreak or even something along the lines of the Poseidon Adventure?! Come on, you cruise lines, you've been keeping us all quite entertained over the last year with your buffoonery hi-jinks!
Cruise ship companies are only obligated to follow the regulations of the country they are chartered in. So it is no surprise that Carnival (who is NOT headquarted in America) decides to promote sales volume over the safety of its passengers and personnel.
A preventative solution is simple - spare back-up power generators to keep systems alive until repairs. These boats are big enough to carry redundant power sources. Just stupidity and corporate greed. I'll never spend one dime on these floating disaster movies.
@NoFly... - which is precisely why almost none of them are chartered in the US - the regulations are too tough for them. Most passengers don't understand than when they are out on the high seas, they have no protection.
Nofly,,,,;
They are obliged to follow uniform maritime law regarding passenger ships. A fuel leak is not the cause, it is a symptom. What caused the leak? Why was it not addressed before it could cause a fire? The cause I suspect, is what I said days ago, improper maintenance. A fire is not a cause, it is an effect. The is a huge difference.
@FloridaMaggie: ... Exactly!
@The Nicodemus: I totally agree with you. I could be wrong here, but under uniform maritime law, legal liability becomes a huge issue, with no clear definitions or repercussions.
Jeez a weak spot in a service line can cause a leak. If said leak occurs ove a hot surface and the fuel being combustionable it can ignite. You can do all the maintenence you want or as little as you want but things do break from time to time and believe me when all you have around you is too much water to drink it can make you quiver when something goes wrong in the engine room. i was in the navy and one day smoke came billowing out of one of the hatches to the engine room...Scary but it was hus some spilled oil that did not effect anything we needed. With these mostly computer drive ships a fire can be devastating to its abiility to continue. Old days when everything was mechanical sure you could carry spare parts today you burn out a circuit board here or there and you are dead in the water.
All you guys lamenting the fact that in your opinion this is not news go somewhere else.
@nofly......technician they are a dual listed company. The headquarters are in South Hampton, England and Miami... Not saying it makes it better but make sure you are correct prior to posting.
And, sorry the conditions were so unsanitary on that boat, but if the plan was to go to Mexico, they were headed for a cesspool anyway.
@gizmo137: Thank you for pointing that out. From a regulatory point-of-view, that kind of adds a kink in the line, doesn't it? (no pun intended)
It's a Federally funded organization whose job is to investigate accidents. Should we get rid of them simply because they are tax payer funded? Sometimes spending money on something that doesn't offer a return on the investment is a good thing. I'd rather pay my taxes and know that someone out there is using them to make ships, planes, trains and automobiles safer.
It's Carnival, the Wal-Mart of the cruise industry - build 'em cheap and ugly, staff 'em by underpaid workers, pocket all the profits. You get what you pay for.
Jerry is right.... about 90% of the time when you hear about a ship breaking down or having an intestinal virus outbreak... it is Carnival....
on cruises you are sure to get fat(ter) and it's like prison with a chance of drowning...
go somewhere else....
These cruise ships have multiple engines that are dedicated for different systems, propulsion, electricity, etc. They also have a back-up engine. They all drive generators that power these systems. Evidently they were all in the the same room with the fire. It appears the ship was running on one emergency generator probably located elsewhere. It is very uncommon for this situation to occurr. They did not have a good back-up plan in place to get the passengers off the stricken vessell. My guess is they will now. They should have canceled the next cruise ship voyage that was to depart, refund their fare and expenses, give them a future cruise credit. Sent that ship out to get these passengers off the Triumph. Could have been there the next day. It would have cost them but not like this is going to cost them now.
I hope you realize that many of these cruises are cut rate, with a lot of very low cost tickets. I am not saying that is an excuse, but rather, it is a fact that there is less profit they you are assuming, which leads to the lack of operational back ups, maintenance issues, training, no redundancy and other safety factors. Its just economics. So the real question is, should they be allowed to operate cut rate cruises? Just because you can do something, does not make it right to do that something.
Geno-3441046
.......and how exactly are 3200 passengers supposed to get from one vessel to the next in the middle of the ocean? This isn't the Navy! Perhaps we should give them all ropes and grappling irons and have them swing across, "Pirates of the Caribbean" style :) I can just see it now . . . . . "OK Granny, on the count of three........."
I smell bull$hit.! There is NO surface in any engine room that hot enough to ignite oil..Somebody screwed up big time.. This is a cover up!!
have any of you that have made negative comments towards carnival cruise lines ever sailed with them before?????? probably not.
if you had sailed on carnival before, you would be less likely to say negative things about them. first of all, things like this happen for no ones fault, things out of our control.
one thing that kills me is that everyone love to jump on the blame wagon.
i will tell you first hand from the many of cruises ive been on with carnival;
that their safety and procedures are above and beyond most all cruise lines.
it doesn't matter what country th ships from, they have to obey both us and international maritime laws of safety. carnival did everything they could.
ive cruise 7 times with carnival and plan on cruising again with them.
so, before you start making ignorant comments on what you dont know, start educating yourself on what you don't know. first step my friends, would be to take a carnival cruise to see for yourself.
if this would have happened to any other cruise line, you would have said the same things.
i blame the press for running this into the ground and getting everyone started.
this is why our housing market and economy collapsed.. the press. yelling fire in a movie theater
@Chris .. thank you for your comment. I don't mind spending my tax money on the NTSB. Because they are funded by the taxpayers, their findings are public. Their findings in plane crashes, for instance, have resulted in safer planes for EVERYONE. Who knows? Their work on this fire could lead to improvements in the engine rooms of other cruise ships.
Carnival gobbled up various other lines, such as Cunard and Holland America, but has - fortunately - left them alone. They build superior ships with superior service. Do they cost more on which to sail? Of course. Again, you get what you pay for. But those superior ships with slightly hire pricing, are always booked out, including by families. People who want to spill out for a cruise are more than willing to pay a little more extra to get a lot more extra do so, and the profits roll in.
I've sailed several times on Cunard, now a subsidiary of Carnival, and will do so again when I get the chance. I will never sail on Carnival. Its ships are ugly and totally lacking in class. Carnival may think that's a draw (and obviously it is since so many book on those hideous floating shoe boxes) but, again, you get what you pay for. I'll dish out a couple hundred bucks more to sail, again, on Cunard's Queen Mary 2 but I'll never sail on one of those gaudy, hideous Carnival ships with names like "Explosion" and "Partydown." Don't complain when one of those tubs breaks down and one spends days floating around filled with feces and only onions to eat.
Now I see why wilsonarden comments have been deleted in other articles. He is a spammer.
The cruise ship engine is really huge. The fuel line would be big enough to allow a large amount of fuel to leak in a short time especially under the high pressure required to run a diesel. With that being said I have no sympathy for them because with the money they take in they could carry a mechanic with lots of necessary supplies to make repairs at sea. Even something as simple as a fitting could have been used to repair the fuel line. In fact they could have flown in the parts with a mechanic then made the repair within a few hours instead of making people suffer at sea for nearly a week.
cwiz1... and just how much is Carnival paying you and how long have you been on the payroll?
Yes, I've been on 3 Carnival cruises. All were horrible. I'm not sure what was worse; the food or the cleanliness, or the inept employees. I kept hoping all three crappy cruises were a fluke, but no. Carnival Lines is careless, thoughtless and the epitome of cheap. Leaky toilets, moldy mattresses, cold food, warm beverages and a bout of food poisoning. Never again. Have I tried other cruises, you bet. Were they as bad, no. They were more expensive but were delightfully incident free.
Don't they have a engineering crew on watch in this area of the ship??
Are they so complacent about maintenance that they would rather make a few extra bucks, by limiting the amount of crew on hand that could have prevented this from happening?
I know once I was part of a group that had to see why a emergency generator was not coming online. When we opened the door to the generator room there was a diesel mist floating about and I had a large fire extinguisher at the ready just in case a fire started. Don't think it would have helped judging by the amount of fumes we had. Luckilly we got the generator shut down before anything happened. Was a broken injector line.
Will be interested in seeing what the investigation finds out.
They should have airlifted in a bunch of Porta Potties. Picture a bunch of Hueys flying in. Each carrying a Porta Potti underneath to the tune of The Ride of the Valkyries, by Richard Wagner...:)
Larry-2260635 They did bring in a mechanic to the ship while it was at sea and it couldn't be repaired there.
The engines on these vessels are huge, not the size of truck engines. More like the size of the TRUCKS...
The Carnaval Triumph has a diesel-electric propulsion system in which the main generators provide electricity for all shipboard consumers from propulsion motors to hotel systems such as air conditioning and lighting. Her power plant consists of six diesel generating sets, four 16-cylinder Wärtsilä-Sulzer 16ZAV40S and two 12-cylinder 12ZAV40S medium-speed diesel engines. The main engines have 16-cylinders with a 400cm (157.48") bore & 560cm (220.47") stroke. BTY - a 327 cu in engine has a 4" bore, 3" stroke & 8-cylinders...
Most ships are built around their engines and the engines can not be removed without cutting LARGE holes into the ships. The engines are usually custom built for the ship/application and there are few spare parts for non-standard replacements, in existence...
It is unusual for an exposed exhaust component that is hot enough to ignite raw fuel, in a modern engine room. Unless the exhaust insulation was soaked with the fuel. I'm assuming that these are inter-cooled turbo engines, most marine applications are required to use water jacketed exhaust manifolds and water cooled turbos...
You do not preform anything but very minor work at sea, on engines this size...
Just ask your auto mechanic to preform any engine/electrical maintance on the shoulder of the highway... Ha! Ha!
This was BREAKING NEWS ?
It made you look, read, and comment didn't it. You know, for all you folks always b*tching about what is and what isn't news, you have options. When you see a "breaking news" banner, you can do any of the following.
1. Ignore it and move on.
2. Read it and move on.
3. Read it, click on it, read the story, and move on.
4. Read it, click on it, read the story, get disgusted because you don't think it's worthy of being called "breaking news" and move on.
The common theme here is for you to MOVE ON. Moaning, b*tching, and complaining just exposes you as someone who's whiney and you want the world to it.
In closing, the next time you see a "breaking news" banner on this or any other site, remember your options above. To proceed any further is a nit that YOU choose to pick.
To add to BytemeNOW, every person who clicks, reads, and comments on the story has added to the story's popularity and encourages that type of story to make the "breaking news" banner.
In other words, if you truly think the story is useless, try ignoring it so that the news site isn't 'rewarded' for that particular story.
it is for MSNBC.
It's 'Breaking News' because the fuel line broke.
It's also breaking news because a lot of us are concerned about what happened and what led to the endangerment of 4000 of our fellow human beings, including the crew and staff of that ship.
Drop you bottle or binkey profreedom?
Actually, people are bored at work in their cubicles and are looking desperately for something to do besides what they are getting paid for. So, they read stupid stories about fecal covered cruise ships to bide their time until quitting time.
If they did what they are getting paid for, it would get done.. then what? No, it's better this way.
Doug - I'm not suggesting that they actually do the work, just explaining why they read stupid articles like this. Actually, the Pope sites are way more entertaining.
Ya, it's hard to beat the Pope.
@Bytemenow... 'Bite me Now! And mind your own beeswax. If you don't like something another poster writes you can take your own advice and:
Ahhh... couldn't have said it better! Hope that helped... yourself ;)
Then MsWheezer says:
Wrongo! It was 'Breaking News' before anyone clicked or read anything. The point was to poke fun at the news for making a non-breaking event into a BIG DEAL when it's really a bunch of dramatic crap over nothing. So, putting it in your terms - if you truly think the post is useless, try ignoring it so that the opinion section isn't 'rewarded' for the posts you don't agree with. But, hey! Thanks for the reward just the same! ;)
@breadex- no, not a binkey- just the whip I was using on your significant other ;) lmao
More like MSNBS.
That doesn't bother me. What bothers me is that the "journalists" and "writers" don't know how to compose a grammatically correct sentence and the "copy-writers" don't know how to find mistakes. (Do they even have copy-writers anymore?)
I wonder if chaffing or vibration wore through the fuel line. She said no evidence of foul play or it wasn't intentional. So I guess she is ruling out a disgruntled worker. I also wonder if this fuel line was an item overlooked on routine maintenance. I wonder if routine maintenance is done outside the U.S. I also wonder if they will engineer a back up system now but this ship might be too old.
I guess we will have to wait 6 months for the final report.
God spare us the final report!
Routine maintenance is conducted 24/7. They do not need to take a ship out of service for this sort of thing. It would be extremely rare for any work to be done outside the US unless they need to go back to the shipyard where the ship was originally constructed for something MAJOR.
Lorielle, Routine maintenance is never done 24/7, especially when the ship is based out of another country with lower standards. If you recall the last fire that disabled the last Carnival cruise ship in the Pacific, it was caused by a fire due to a engine seizing, caused by lack of maintenance.
Just like a car, fail to change the oil, what happens? Motor seizes and in some cases while being driven, locks up and catches on fire.
Easy guess is, this is another example of poor maintenance performed by Carnival yet again.
Not too long ago the serviced a compressor in our hop. Tore the entire engine down and rebuilt it. Put in new lies the whole bit....10 days later a coupler broke on one of the lines and shut the thing down for two days. maintenece is not ifallible by any means. has to be done but never guarantees perfection.
Just to many haters that know nothing on this site
It's hard to tell the cause. Until the dig out the many feet of poop they won't have many more "Breaking!" details.
This ship has had problems long before this all happened, but it was allowed to continue to sail. There was a time, long ago, when the slightest problem caused a ocean/cruise line to pull a ship out of operation and place it in dock until all the problems were fixed. Not anymore. Now these foreign-named ships are just pieces of junk, designed to gamble on something going wrong to make more money for the CEO's. I hope Carnival gets hyper-sued to the billions.
The Carnival Triumph's maiden voyage was 1999...
Two weeks prior to the engine room fire casualty at sea, the Carnival Triumph experienced electrical propulsion issues that caused it to be five hours late returning to its Galveston home port on January 28, 2013, delayed the ship's departure for its next cruise from 2:30pm until 8:00pm that night, and resulted in the elimination of a scheduled stop in Cozumel because of the ship's diminished cruising speed.[22]
While in port a PSC vessel inspection (#4523900) under the Texas City, TX, U.S. Coast Guard Marine Safety Unit was conducted resulting in a finding that there was "a short in the high voltage connection box of one of the ships generators causing damage to cables within the connection box", a deficiency under 50AC SOLAS 2009 Ch 1 Reg 11.
A directive with a compliance due date of February 27, 2013 was issued following the inspection requiring that "the condition of the ship and its equipment shall be maintained to conform with the regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons on board."
The Coast Guard Marine Information Safety and Law Enforcement System showed that this deficiency remained unresolved at the time of the subsequent fire and loss of power while at sea on February 10.[23][24]
IMO - Carnival still had 17+days to make the required repairs. The subsequent fire had nothing to do with these required repairs...
BTY - Making repairs to cabes inside a junction box, for one of the SIX generators, is NORMAL maintenance. The USN has these kind of problems ALL the time and can usually be preformed while underway. USN Guadalcanal rebuilt their forward electrical distribution center, while we were preforming operations prior to Desert Storm...
the real news article meriting attention should have been 'Media Sensationalism Jumps Up Another Worthless Level!'
Yeah, the problem isn't the Carnival people being inept, the problem is we're hearing about it. If only we didn't hear about it, it would all be OK.
Yeah, that's the ticket.
It's hard to believe they couldn't get one of the several diesels running and make some power. The electrical systems should have enough flexibility to reroute power and if the engines all shared common fuel lines/pumps shame on the designers. My guess is the fire was much worse than described and the extinguishing system "worked as designed" only means they didn't have to abandon ship. Fighting a fuel fire in a confined space is no walk in the park; probably fortunate no one perished.
Absent any video or images that's what I suspect. The fire did too much damage to the wiring. One glaring design oversight comes to mind and that is the way they positioned the Emergency Generators at the Fukushima Nuclear Plant in Japan. From what I understand, they positioned them so that when the Tsunami hit, they were under Seawater which is not only a very good conductor but emergency generator engines cannot run while they are under water. No Emergency Electricity to the Cooling Pumps and no back up wiring means a Melt down.
I am sure that if they could have done that they would have. The final report from a similar fire aboard the Carnival Splendor in 2010 showed that the fire had completely shorted out the common wiring and switchboards between the two engine rooms, something that cannot be repaired at sea. I suspect the same here.
I think I read something about the suppression system basically flooded the engine room, and that is why they could not use the remaining gen's.
Since most cruise ships have 3 engines, why are there no bulkheads between each engine. If one engine caught fire, the bulkhead would isolate it from the other two?
I'm sure each engine has it's own generator to provide elelctrical power.
These ships are built to stuff as many passengers on them as possible and thats the name of that tune.
I'm glad to know the truth. Too bad you all aren't
I'm with ya gray
Way too many armchair quarterbacks who think they know all the answers out there!
The leaking fuel oil on a hot surface was the proximate cause; the root cause is TBD, and the central issue in any safety investigation. That'll take a while to determine. From my recollections in the EH&S business, about 90% of 'root causes' turn out to be human acts or omissions...
It's a good thing that they weren't in a storm when they lost power and propulsion or this could have been mush worse.
I look at these Modern Cruise Ships and they all look so Top Heavy that it is amazing that you don't hear of them rolling over. They must have some serious ballast.
I can't believe how the media blew this up and we are supposed to be upset over this horrific incident. These people were safe and perhaps inconveninced for a few days. Oh darn. You want horrifice. Go live in Haiti for a few days. Those people will show you horrifice. The people on this ship need to quit belly aching and be thankful the ship didn't sink.
Well Mary I can tell you that whenever I am in a bad situation the first thing I think of is people that are worse off so I feel better. Get real.
They were "ultimately" safe when they reached dry land. Up until that point any number of things could have happened that would have turned this thing into a complete disaster. For starters, a large storm could have prevented towing and sent the ship tossing all over the place, perhaps even tipping over. It would not have been the first time a large storm came out of the gulf of mexico, ya know.
It wasn't a complete disaster. They need to get over it and move on. Life happens. Oh darn. We are so spoiled and want everything perfect all the time. Life isn't perfect. Crap happens.
Mary, I think you need to learn what empathy is. This situation may not have been horrific (I think that's the word you were looking for sweetie.) by your standards, but it was for the people that had to live through it. I'm not trying to say that the living conditions in Haiti (or any 3rd World country for that matter) are great, but each individuals experience is what matters. For the people on the cruise ship, it was horrific and that's all that matters.
Your comments make me wonder why you feel no empathy for these people. Is it because the had the gall to have fun when so many other people are suffering around the world? You don't know any of those people, so you have no right to judge them and tell them to "get over it and move on."
Actually I'm with Mary on this one.
It could not have been that horrific if they were able to make signs out of sheets, worry about charging their cell phone batteries and buying items from the stores on the ship (all has been reported by passengers).
It's only as horrific as they can make it to be in order to support their greedy lawsuit.
Empathy - for a bunch of people that were able to AFFORD to ride on a luxury cruise ship for a vacation--sorry, empathy is reserved for those truly needing empathy - a bunch of spoiled luxury cruise vacationers don't need or deserve it.
I hope that YOU never find yourself in true horrific conditions--because this wasn't it.
Right. All corportate ineptness is forgivable as long as the people of Haiti have a difficult life.
Yeah, that makes sense.
How about sending a chopper to the ship with a bunch of mechanics and repair parts......Not in the budget?
The extensive repairs will take weeks and cannot be done at sea.
If it had been possible, sending a chopper would have been a whole lot cheaper than refunds, plus free cruises, plus hotels, plus extra buses and flights. They did right by their passengers. Too bad they couldn't make it more pleasant, but they brought in food and water and took care of medical needs. Maybe they could have handed out misting fans, but there was little else they could do. People shouldn't have been so stupid as to keep crapping in non-working toilets until they overflowed. Trash cans are much easier to empty and the stench wouldn't have been so bad.
I'd like to know why Carnival couldn't simply send an empty ship (with crew only) to pick up these stranded passengers instead of making them stay on the ship and ride out the slow towing process in horrible conditions....If they didn't have an empty ship sitting around then why not have the coast guard or some entity with a larger vessel pick up the passengers. Seems to be a very logical solution for the paying customer.
How many empty ships do you think are lying around just waiting for something like this . Do you think the Coast guard has a few cruise ships parked up somewhere just in case. I presume you are so well prepared you have a second car in your garage just in case.
Hey, I have a extra car if needed because a cruise ship wont fit in my garage. Your analogy was kinda dumb because many people have two vehicles if needed.
I imagine changing ships at sea with 4K passengers would be an impossible logistical nightmare. Have you ever noticed how the military gets supplies from one ship to another? Cables are strung between the vessels and they run supplies across. The sea is angry my friend, its not lake placid out there..geez. If ships could just pull up beside each other with easy at sea, the military wouldnt run cables for transfers. I'm glad some of you people dont work for NASA JPL. Ships that close would squash you like a bug and its also impossible to do...IMPOSSIBLE. I wish someone with some navy know how would explain what could go wrong besides what common sense tells us.
They did not send another cruise ship because that would mean cancelling a cruise, big bucks. Unfortunate for Carnival, a lot of negative publicity. This was their chance to really roll out the red carpet and gain customer loyalty, things always break, how it is handled is the thing. The time that they were stranded on board has a value to each person. For some people their time is worth much more than the cost of that cruise. A high standard company would have gotten everyone back on time, on another boat, with a rain check. This reminds me of the stories of airlines keeping people in an airplane 8 hours plus waiting to take off. I guess if you have a monopoly you don't have to worry about the customer. Seems like the airlines which treated their customers inhumanely are being bought out? Hmm.
Elwood, I agree the Sea is a fierce mistress. But I haven't heard of a terrible storm here. A couple of Bosuns chairs could have been slung between ships. Heck. They could have rigged 10 of them. It was a monetary decision. Their contract protected them. Why worry about a little thing like passengers living in squalor.
It would have taken them several days to move all 4000 passengers and crew to another ship. Plus it was dangerous. As it's been pointed out, cruise ships are top heavy and the disabled one had no way of being stabilized and could have listed to either side at any point while passengers were being moved to another ship, and that would have been a catastrophe.
A lot of speculation and it is no wonder. A leak? What kind of leak? Was it a rupture, a hole that developed in the pipe or a loose fitting? It makes a big difference. It could be the line wasn't secured properly and vibrated against something causing a hole. The line could have failed (ruptured) or heaven forbid; a loose fitting.
It could be hmmmmmmmmmm, lack of maintenance???
My only experience with diesel engines is on the Railroad. When a fuel line fails there it is usually a rupture. An old line, chinese made line, or one that has been bent while maintenance is being done. A bozo with a wrench can screw up a fuel line quickly.
And we thought that modern technology would have systems aboard dedicated just for fire control, and quickly extinguish any flames, etc. Perhaps cruise lines should initially provide passengers with a written statement as to what their rights are for any subsequent legal action should they fail to provide services as agreed to.
They do just that, it is in your ticket when you purchase a cruise. Of course no one reads the fine print.
Can you not read?? They DID have fire suppression equipment and it worked. The burning oil caused damage in seconds. You can't put out a fire that fast.
They do. Basically, it says they can do anything they want including termination of the cruise. The cruise line is giving more than the agreement says they have to give as it is. There are fire control systems and they worked. The ship didn't sink. Nobody died. We've been on a lot of cruises, several of them being Carnival and we will go again. Things happen. These passengers will have stories to tell for years and it doesn't include death.
The fire was suppressed. My question is was it fast enough? Apparently not.
Several possibilities for the fuel return line failure present themselves: manufacturing defect; installation error; maintenance-induced damage; corrosion; vibration or sonic-induced damage. The line must be under very high pressure if spray onto a hot surface was enough to cause a major fire. All Carnival ships of this class should have their return lines inspected, microscopically if necessary.
Questions: why wasn't the hot surface better shielded to prevent fire in case of fuel leaks? Why wasn't the electrical standby system better isolated from the main system such that a single fire wouldn't disable both systems? Why weren't the surviving reserve systems more robust (sufficient to at least take the full hotel loads if not propulsion)? Many questions...
This is a major black eye for Carnival. Safety at sea is nothing to sneeze at. In this case these passengers had a few days with lack of comforts but were basically OK. But what if a squall formed and the ship didn't have enough power to run its stablizers? What if the power loss occurred near a reef or other subsea formation? Carnival was lucky this time. But luck isn't a strategy.
Simple question, Why was not the engine crew qualified enough to determine they had a fuel leak?
Good questions, ChrisMcK, a good many design reviews required here to prevent future accidents and to ensure operational ship systems. The real story will be what reviews are conducted and what is done afterwards. The US Navy runs these reviews over and over again, and hopefully, so will Carnival and its equipment suppliers and the shipyards that build and maintain its ships.
Chris, check out the fuel line pressures on all diesel engines. The bigger the Piston the larger the pressure. Locomotive engines have enough fuel pressure to cut your arm off. I would not want to guess the pressure for a diesel that propel a cruise ship.
....but this line was a fuel return line wasn't it? A return line is usually under a lot less pressure than a supply line, right? I'm a little surprised that a return line leak would vaporize leaking fuel. I have to admit, I don't have any experience on diesel engines the size of cruise ship engines, but I'm still surprised at the return pressure. I am interested to see how the investigations work out. After the suppressors were activated, what actually "burned" to such an extent that a ship that size was w/o power gens and completely dead-in-the-water? I think these ships have prop/transmission pods located at different points in the hull. I don't think there are straight screw shafts any more. You'd think the suppressors would prevent a complete system shut down. Did the "fire" destroy any redundancy? IS there any redundancy? We'll find out......I hope.
You wanted it, here it is;
TICKET CONTRACT
IMPORTANT NOTICE TO GUESTS THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY CARNIVAL CRUISE LINES TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW.
NOTICE: THE ATTENTION OF GUEST IS ESPECIALLY DIRECTED TO CLAUSES 1, 4, AND 10 THROUGH 13, WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS TO ASSERT CLAIMS AGAINST CARNIVAL CRUISE LINES, THE VESSEL, THEIR AGENTS AND EMPLOYEES, AND OTHERS, INCLUDING FORUM SELECTION, ARBITRATION AND WAIVER OF JURY TRIAL FOR CERTAIN CLAIMS.
IMPORTANT TERMS AND CONDITIONS OF CONTRACT –
READ CAREFULLY
In consideration of the receipt of the full cruise fare, Carnival Cruise Lines ("Carnival") agrees to transport Guest on the above - specified voyage on the following terms and conditions:
1. DEFINITIONS AND SCOPE OF CONTRACT
(a) Whenever the word "Carnival" is used in this Contract it shall mean and include the Vessel, its owners, operators, employees, agents, charterers and tenders. The term "Guest" shall include the plural where appropriate, and all persons or entities booking or purchasing passage and/or traveling under this Contract, including heirs, representatives and any accompanying minors. The masculine includes the feminine. "Guest" shall have the same meaning as "Passenger" in this Contract.
(b) "Cruise Fare" or "Fare" means the amount paid for the cruise which includes full board, ordinary ship's food during the voyage, but not gratuities, spirits, wine, beer, soft drinks or mineral waters, shore excursions, salon and spa services, or any other incidental charge or expense. The cruise fare shall be deemed to be earned when paid and not refundable except as stated in Carnival's brochure applicable to the voyage and as provided in Clauses 7 and 8, herein.
(c) Cruise Fare does not include Government Fees and Taxes. “Government Fees and Taxes” may include any and all fees, charges, tolls and taxes imposed by U.S. and/or foreign governmental or quasi-governmental authorities including, but not limited to, U.S. Customs fees, port fees, head taxes, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, pilotage, air taxes, hotel or VAT taxes incurred as part of a land tour, immigration and naturalization fees, and Internal Revenue Service fees, whether assessed on a per passenger, per berth, per ton or per vessel basis. In the case of per ton or per vessel assessments, those assessments will be spread over the passenger capacity of the ship. Government Fees and Taxes are subject to change and Carnival reserves the right to collect any increases in effect at the time of sailing even if the fare has already been paid in full.
(d) Cruise Fare does not include fuel supplement charges, security surcharges, or similar incidental surcharges (“surcharges”); Carnival reserves the right to impose or pass any of these surcharges and no right of cancellation shall be implied. “Fuel supplement” shall mean any additional charge to defray a portion of Carnival’s fuel costs. The amount of fuel supplements and government fees and taxes collected are subject to change. Carnival reserves the right to charge a fuel supplement of up to $9.00 USD, or its equivalent in foreign currency, per person per day, without prior notice, in the event that the price of light sweet crude oil according to the NYMEX (New York Mercantile Exchange Index) is greater than $70.00 USD per barrel of oil. Carnival may collect any fuel supplement in effect at the time of sailing, even if the cruise fare has been paid in full.
(e) This ticket is valid only for the person(s) named hereon as Guests and cannot be transferred or modified without Carnival's written consent. The acceptance or use of this ticket by the person(s) named hereon as Guests shall be deemed acceptance and agreement by each of them to all of the terms and conditions of this cruise Contract.
(f) All rights, exemptions from liability, defenses and immunities of Carnival under this contract shall also inure to the benefit of Carnival's facilities, whether at sea or ashore, servants, agents, managers, affiliated or related companies, suppliers, shipbuilders and manufacturers of component parts and independent contractors, including, but not limited to, shore excursion or tour operators, ship's physician, ship's nurse, retail shop personnel, health and beauty staff, fitness staff, video diary staff, and other concessionaires, who shall have no liability to the Guest, either in contract or in tort, which is greater than or different from that of Carnival.
(g) This contract constitutes the entire agreement between Carnival and Guest and supersedes all other agreements, oral or written. Any alteration to any term of this contract must be in writing and authorized by Carnival. Except as provided in Clause 13 below, should any provision of this contract be contrary to or invalid by virtue of the law of the jurisdiction in which this contract is sought to be enforced or be so held by a court of competent jurisdiction, such provision(s) shall be deemed to be severed from the Contract and of no effect and all remaining provisions herein shall be in full force and effect and constitute the Contract of Carriage.
2. NATURE OF CRUISE AND GUEST'S OBLIGATIONS
(a) The Guest admits a full understanding of the character of the Vessel and assumes all risks incident to travel and transportation and handling of Guests and cargo. The Vessel may or may not carry a ship's physician or other medical personnel at the election of Carnival. While at sea or in port the availability of medical care may be limited or delayed. Guest acknowledges that all or part of their voyage may be in areas where medical care and evacuation may not be available. Guest agrees to indemnify and reimburse Carnival in the event Carnival elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith.
(b) Carnival's vessels visit numerous ports in a number of countries. Guests assume responsibility for their own safety and Carnival cannot guarantee Guest's safety at any time. The United States Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations regularly issue advisories and warnings to travelers and Carnival strongly recommends Guests obtain and consider such information when making travel decisions. Carnival assumes no responsibility for gathering said information. The Guest acknowledges that the cruise may be booked in a location that is susceptible to severe weather systems, including but not limited to, hurricanes, tropical storms and depressions, and that Carnival reserves the right to alter the ship's course, ports of call, itinerary, activity and shore excursions to avoid such weather systems and insure the comfort and safety of the Guest and crew.
(c) Proper travel documentation and eligibility to travel is required at the embarkation and throughout the cruise. In addition to immigration and customs requirements, the U.S. government and others place restrictions on the carriage of guests whose names appear on government watch lists or who are deemed legally ineligible to travel. It is the guest's sole responsibility to ensure his/her legal eligibility to travel and to bring and have available at all times all required travel documents. Guests are advised to check with their travel agent or the appropriate government authority to determine the necessary documents and travel eligibility requirements. Carnival may cancel the booking of any guest who is or becomes ineligible to travel for any reason, or who is traveling without proper documentation. Under these circumstances the guest will not be allowed to board the vessel and no refund of the cruise fare will be issued. Under no circumstances shall Carnival be liable for any costs, damages or expenses whatsoever incurred by any guest as a result of such cancellation or denial of boarding.
(d) Guest acknowledges receipt of Carnival's applicable brochures and agrees to abide by the terms and conditions of Carnival's brochures and web site, including but not limited to the information contained in the "Frequently Asked Questions" and "Embarkation Information" Sections.
(e) Guest acknowledges that, for a voyage commencing in a United States port for a round-trip voyage via one or more United States ports, Guest must complete the voyage and disembark at the embarkation port. Failure to do so may result in a fine or penalty being imposed by the United States Customs Service or other governmental agency. In consideration for the fare paid, Guest agrees to pay any such fine or penalty imposed because of Guest's failure to complete the voyage.
(f) Carnival shall refuse boarding to any Guest under the age of twenty-one unless: (1) the Guest is traveling in the same stateroom with an individual twenty-five years or older; (2) traveling in the same stateroom with their spouse; or (3) traveling with a parent or guardian in an accompanying stateroom. Proof of age and/or proof of marriage are required. Carnival shall not be liable to make any refunds or for any damages with respect to any Guest's failure to provide proper proof of age or marriage or otherwise comply with this provision.
(g)Guests must attend the mandatory safety briefing at the commencement of the cruise and any subsequent briefing ordered by the ship’s officer during the cruise. Guests shall comply with all onboard health and safety policies and procedures, and shall familiarize themselves with the nature and character of the ship, as well as, all emergency exits, to assist with safe evacuation in the event of an emergency.
3. YOUR TRAVEL AGENT
Any travel agent or sales agent utilized by the Guest in connection with the booking of the cruise, or this contract is solely the agent of the Guest and not Carnival. Carnival is not responsible for the financial condition or integrity of any travel agent utilized by Guest. In the event that an agent shall fail to remit to Carnival any monies paid to the agent by Guest, Guest shall be and remain liable for the fare due to Carnival, regardless of whether liability is asserted before or after embarkation. Issuance and validity of ticket contract is conditional upon final payment being received by Carnival prior to sailing. Any refund made by Carnival to an agent on behalf of Guest shall be deemed payment to Guest, regardless whether the monies are delivered by the agent to Guest. Receipt of this ticket contract, any other documentation or notification pertaining to the cruise by Guest's travel agent shall constitute receipt by Guest.
4. BAGGAGE, PERSONAL PROPERTY, PROHIBITED ITEMS, LIMITATION OF LIABILITY
(a) Each fully paid adult Guest will be allowed a reasonable amount of luggage on board containing their personal belongings. Luggage means only trunks, valises, satchels, bags, hangers and bundles with their contents consisting of only such wearing apparel, toilet articles and similar personal effects as are necessary and appropriate for the purpose of the journey.
b) No tools of trade, household goods, presents and/or property of others, jewelry, money, cameras, documents, valuables of any description including but not limited to such articles as are described in Title 46 of the United States Code section 30503 shall be carried except under and subject to the terms of a special written contract or Bill of Lading entered into with Carnival prior to embarkation upon application of the Guest. The Guest warrants that no such articles are contained in any receptacle or container presented by him as baggage hereunder, and if any such articles are shipped in the Guest's baggage in breach of this warranty, no liability for negligence, gross or ordinary, shall attach to Carnival for any loss or damage thereto.
(c) Carnival shall not be liable for: (1) Guest's failure to comply with the requirements set forth in Clauses 4(a) and 4(b); (2) any loss or damage before baggage comes into Carnival's actual custody on board or after baggage leaves Carnival's actual custody on board, including, but not limited to, loss or damage by airlines or other transportation services; (3) any loss or damage of baggage while not in the actual possession, custody and control of Carnival; (4) damage due to wear, tear or normal usage; (5) any loss or damage of perishable items, medicine, liquor, cash, securities or other financial instruments, or (6) any loss or damage while in the custody and control of stevedores.
(d) It is stipulated and agreed that the aggregate value of Guest's property, does not exceed $50 per guest or bag with a maximum value of $100 per stateroom regardless of the number of occupants or bags and any liability of Carnival for any cause whatsoever with respect to said property shall not exceed such sum, unless the Guest shall in writing, delivered to Carnival, prior to embarkation, declare the true value thereof and pay to Carnival prior to embarkation a sum equal to 5% of the excess of such value. If Carnival shall be held liable for the loss of or damage to Guest's baggage or property it is agreed that such liability shall not exceed the lesser of: (1) the actual cash value, or (2) value declared in the manner above provided (up to U.S. $100 if no such declaration has been made). Declared value amounts to be proportionately reduced in any case where less than all of Guest's baggage or property is lost, delayed or rendered unusable due to damage. In no event shall Carnival be liable to pay any compensation if the nature or value of the property has been misrepresented.
(e) No Guest is permitted, to bring on board the vessel live animals (other then qualified service animals, with not less than 14 days advance notice given to Carnival). Guest will be solely responsible for any and all damage and/or loss caused by service animals.
(f) Weapons, firearms, contraband, ammunition, explosives, incendiary devices, or other dangerous items are strictly prohibited aboard the vessel. Carnival reserves the right to confiscate, destroy and/or turn over to authorities these or any other items it deems in its sole discretion to be detrimental to the safety or comfort of any person or which are otherwise improperly in the possession of any Guest. Each Guest warrants that no such articles are contained in any receptacle or container carried or presented as baggage. Alcoholic beverages are prohibited except as provided for in clause 8(f). All Guests agree Carnival has, at all times with or without notice, the right to search Guest's baggage and/or personal effects for any of the prohibited items, at any location, to ensure compliance with these restrictions. Any Guest who refuses any such search or screening, or any Guest traveling with such items, may be denied boarding or disembarked and no refund of the cruise fare will be issued. The Guest will be solely responsible for any and all damage and/or loss caused by his violation of this policy.
5. FITNESS TO TRAVEL, SPECIAL NEEDS, PREGNANCY, INFANTS, DRINKING, DISEMBARKATION
(a) The Guest warrants that he and those traveling with him are physically fit to travel at the time of embarkation and is required to notify Carnival in writing at the time of booking the cruise of any physical disability or medical condition which may require special assistance during the voyage. Failure to do so will release Carnival from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. Upon booking the cruise, guests who have special needs are required to contact Carnival's Special Needs Desk (305-599-2600 ext. 70025) to discuss the details of their special needs. Carnival reserves the right to require that any Guest, who is not self-sufficient, travel with a companion who shall take responsibility for any assistance needed during the voyage and in case of emergency.
(b) Carnival and the Master each reserves the right to refuse passage, disembark or confine to a stateroom any Guest whose physical or mental condition, or behavior would be considered in the sole opinion of the Captain and/or the ship's physician to constitute a risk to the Guest's own well-being or that of any other Guest or crew member. Guest understands and acknowledges that in addition to the limitations on medical care described in Clause 2 (a), prenatal and early infant care, in particular, may require specialized diagnostic facilities and/or treatment that are not obtainable during the cruise on board the ship and/or ashore in ports of call. Therefore, the Guest agrees not to book a cruise or board the ship unless on the day of disembarkation she is pregnant for 24 completed weeks or less, nor for or with infants less than six months old--for trans-ocean crossings, South America and Hawaii the infant must be at least twelve months of age at the time of embarkation to sail. Carnival and the Master reserve the right to disembark any guest whose behavior affects the comfort, enjoyment, safety or well being of other guests or of any crew. All expectant Guests further agree to provide Carnival, prior to embarkation, with a physician's statement verifying that her gestational status is in accordance with this policy, and certifying her fitness to travel even if she will be less than twenty-four completed weeks pregnant upon disembarkation. Failure to do so shall result in the cancellation of the Guest's reservation without refund, compensation or payment except as set forth in Carnival's cancellation policy described in Clause 6, based on the timing of such cancellation.
6. CANCELLATION BY GUEST, REFUNDS
Reservations will be held until 30 minutes prior to departure. No refunds will be made in the event of "no shows", unused tickets, lost tickets, interruptions, partially used tickets, or cancellations received late or after the start of the cruise, or for Pack & Go program purchases. Carnival strongly recommends the purchase of trip cancellation insurance from your travel agent. Cancellation charges for individual bookings will be assessed as listed below. For cancellation charges related to group bookings, partial ship charters or full ship charters refer to your charter contract or group booking agreement for terms and conditions.
DAYS PRIOR TO DEPARTURE DATE
CANCELLATION
CHARGE(per guest)
2, 3, 4 & 5
day cruises
Up to 61 days
60 to 46 days
45 to 30 days
29 to 15 days
14 days or less
None(except Cruises to Nowhere and Early Saver, Easy Saver* and Super Saver fares**)
Deposit***
Deposit or 50% of Total Fare, whichever is greater
Deposit or 75% of Total Fare, whichever is greater
100% of Total Fare
6 day or longer cruises (including Alaska and Hawaii)
Up to 76 days
75 to 56 days
55 to 30 days
29 to 15 days
14 days or less
None(except Cruises to Nowhere and Early Saver, Easy Saver* and Super Saver fares**)
Deposit
Deposit or 50% of Total Fare, whichever is greater
Deposit or 75% of Total Fare, whichever is greater
100% of Total Fare
Europe cruises, Panama Canal cruises & Transpacific cruises 7, 9, 12, 14 & 17 day
Up to 91 days
90 to 56 days
55 to 30 days
29 to 15 days
14 days or less
None(except Cruises to Nowhere and Early Saver, Easy Saver* and Super Saver fares**)
Deposit
Deposit or 50% of Total Fare, whichever is greater
Deposit or 75% of Total Fare, whichever is greater
100% of Total Fare
All cruises purchased under
the Instant Saver Fare
Any time after booking
100% of Total Fare
Total Fare is defined as Cruise Fare, Air Supplement, Transfer Services and Pre/Post Cruise Vacation Packages.
*Early Saver & Easy Saver: The deposit is non-refundable. All cancellations that occur prior to final payment due date will receive a non-refundable and non-transferable future cruise credit in US dollars in the amount of the deposit less a $50 pp service fee. The future cruise credit must be used on a sailing within 24 months from the date of cancellation and can only be applied to your cruise fare. Any unused portion will be forfeited.
**Super Saver: The deposit is non-refundable.
***For Cruises to Nowhere, the cancellation charge is 25% of Total Fare.
7. CARNIVAL'S RIGHT TO INCREASE FARES, CANCEL OR CHANGE VOYAGE, CHANGE STATEROOM ASSIGNMENTS
(a) Carnival reserves the right to increase published fares and air fare supplements without prior notice. However, fully paid or deposited guests will be protected, except for fares listed, quoted, advertised or booked in error, fuel supplements, government taxes, other surcharges and changes to deposit, payment and cancellation terms/conditions, which are subject to change without notice. In the event that a cruise fare listed, quoted or advertised through any website, Carnival sales person, travel agent or any other source is booked but is incorrect due to an electronic error, typographical error, human error or any other error causing the fare to be listed, quoted or advertised for an amount not intended by Carnival, Carnival reserves the right to correct the erroneous fare by requesting the Guest to pay the correct fare intended, or by canceling the cruise in exchange for a full refund, but in no event shall Carnival be obligated to honor any such booking resulting from the error or otherwise be liable in such circumstances.
(b) Carnival reserves the right to offer promotional cruise fares that require a minimum occupancy requirement per cabin. When the booked cruise fare is contingent on a minimum occupancy requirement per cabin, cancellation by one or more guests in a cabin may cause an adjustment to the remaining guests booked cruise fare based on the prevailing and available rate at the time of the cancellation ("recalculated fare"). Final payment in full of the recalculated fares for all remaining guests in a cabin is due by 11:59:59 p.m. EST on the eve before the start of the cancellation penalty period. Failure to make timely final payment in full of the recalculated fares by all remaining guests in a cabin will result in automatic cancellation of the reservation for the entire cabin.
(c) Carnival has the right without previous notice to cancel this contract at the port of embarkation or any time during the voyage and shall thereupon return to the Guest, if the Contract is completely canceled, his passage money, or, if the Contract is partially canceled, a proportionate part thereof. Under such circumstances, Carnival shall have no further liability for damages or compensation of any kind.
(d) The Vessel shall be entitled to leave and enter ports with or without pilots or tugs, to tow and assist other vessels in any circumstances, to return to or enter any port at the Master's discretion and for any purpose and to deviate in any direction or for any purpose from the direct or usual course, and to omit or change any or all port calls, arrival or departure times, with or without notice, for any reason whatsoever, including but not limited to safety, security, adverse weather, strikes, tides, hostilities, civil unrest, port closings, emergency debarkations of Guests or crew, or late air, sea, car or motor coach departures or arrivals, mechanical breakdowns, US or foreign governmental advisories or travel warnings, all such deviations being considered as forming part of and included in the proposed voyage. Carnival shall have no liability for any compensation or other damages in such circumstances other than as provided by Carnival's change of itinerary policy at the time Guest or his agent acknowledges receipt and acceptance of the terms and conditions of the cruise ticket contract. Carnival's change of itinerary policy can be found at www.carnival.com/legal-notice or at www.carnival.com/faq.
(e) If the performance of the proposed voyage is hindered or prevented (or in the opinion of Carnival or the Master is likely to be hindered or prevented) by war, hostilities, blockage, ice, labor conflicts, strikes on board or ashore, restraint of Princes, Rulers or People, seizure under legal process, breakdown of the Vessel, congestion, docking difficulties or any other cause whatsoever or if Carnival or the Master considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the port of Guest's destination may expose the Vessel to risk or loss or damage or be likely to delay her, the Guest and his baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call, at which time the responsibility of Carnival shall cease and this contract shall be deemed to have been fully performed, or if the Guest has not embarked, Carnival may cancel the proposed voyage without liability to refund passage money or fares paid in advance.
(f) Carnival and the Master shall have liberty to comply with any orders, recommendations or directions whatsoever given by the Government or Department of any nation or by any person acting or purporting to act with the authority of such Government or Department or by any Committee or person having under the terms of the War Risks Insurance on the Vessel the right to give such orders, recommendations or directions, and if by reason of, and in compliance with any such orders, recommendations or directions anything is done or is not done the same shall not be deemed a deviation or a breach of this contract. Disembarkation of any Guest or discharge of baggage in accordance with such orders, recommendations or directions shall constitute due and proper fulfillment of the obligation of Carnival under this Contract.
(g) Specific stateroom assignments are not guaranteed. Carnival reserves the right to move Guests to a comparable stateroom for any reason, including but not limited to, instances in which a stateroom is booked with fewer than the maximum number of Guests the stateroom can accommodate; or when a partial Guest cancellation occurs and the remaining number of Guests do not match the maximum number of Guests the stateroom can accommodate.
8. COMPLIANCE WITH RULES, SOLICITATION, SMOKING, DRINKING, ILLEGAL ACTIVITY, SEARCHES
(a) Guest agrees during the course of the voyage to follow the directions of the ship's Master, or his authorized officer. Guest further agrees not to solicit anyone on the vessel for any commercial or professional purposes. Guest agrees that any violation of this Clause may subject guest to disembarkation.
(b) Guest acknowledges that Carnival's vessels contain non-smoking sections. Guest agrees to refrain from smoking in those sections and agrees that Carnival has the right to disembark the Guest for failure to observe Carnival's non-smoking policy.
(c) Smoking is prohibited in all public areas except in designated exterior open deck areas, certain dance and jazz clubs, and designated areas in the casino. The Spa suite and stateroom accommodations are an entirely smoke free environment, including the outside balcony. Effective December 1, 2011 smoking is prohibited in all staterooms. Beginning December 1, 2011, Guests with a balcony stateroom may only smoke outside on their balcony. Guest agrees to strictly comply with Carnival's non-smoking policy. Guest further acknowledges and agrees that any violation of this policy shall, in the sole discretion of Carnival, constitute a material breach of this cruise contract. In the event of such breach, Guest forfeits all rights hereunder, including the right to remain on board. Carnival reserves the right to disembark the Guest(s), at any port, as determined by Carnival. Carnival shall not be liable for any refund or other compensation or damages whatsoever to any Guest disembarked pursuant to this provision, or who disembarks because another Guest is so disembarked, and all such Guests forfeit all rights under Carnival's "Vacation Guarantee." Guest and Carnival further agree that any violation of the non-smoking policy would also cause Carnival to incur damages, including but not limited to, loss of Guest goodwill, revenue, cleaning, maintenance and/or other costs. Guest and Carnival expressly acknowledge the difficulty of ascertaining the amount of such damages, and therefore agree that a reasonable estimate of the damages for any violation of the non-smoking policy is $250. Guest authorizes a charge in this amount as liquidated damages, as well as repatriation expenses (including airfare) against Guest's on board charge account, without further notice, for any violation of the non-smoking policy.
(d) Guest agrees, in all ports of call, to return to the Vessel not less than 30 minutes before the scheduled departure time. Guest further acknowledges that shipboard and shore side clocks may have different times, but it is Guest's responsibility to return to the vessel so as not to miss vessel's departure. Any costs associated with transporting Guest to rejoin the vessel including, but not limited to, governmental fees, visa fees, subsistence, lodging, air fare, launch fare, car hire or agency fees shall be for the account of Guest.
(e) Carnival has a "zero tolerance" policy toward any illegal activity or behavior by Guests or crew aboard. Guest agrees to comply with this policy and further acknowledges that it is Carnival's policy to report incidents of illegal activity or behavior to the appropriate law enforcement authorities.
(f) Except as noted below, Guests are prohibited from bringing alcohol on Carnival's vessels for on board consumption. However, at the beginning of the cruise during embarkation day, guests 21 years and older may bring on board, only in their carry-on luggage, one bottle, per person, of wine or champagne, 750ml or less. A $10 corkage fee per bottle will be charged should guests wish to consume this wine/champagne in the dining room, or a $14 corkage fee per bottle if consumed in the Steakhouse. All alcohol, additional quantities of wine/champagne and excessive non-alcoholic beverages will be confiscated and discarded without compensation. Alcoholic beverages purchased in the vessel's gift shops or at a port of call will be retained by Carnival until the end of the voyage. Carnival reserves the right to refuse to serve alcohol to any passenger. Guest acknowledges that the minimum age permitted for the purchase, possession or consumption of alcoholic beverages aboard Carnival's vessels is twenty-one (21). Guest agrees to supervise all persons under age twenty-one (21) under Guest's charge to insure that they do not violate this, or any other, shipboard regulation. Guests who attempt to purchase alcohol by using false identification or the Sail & Sign card of a Guest who is twenty-one or older will be deemed in violation of this policy. Any Guest twenty-one or older who attempts to or purchases alcohol for any guest under twenty-one will also be deemed in violation of this policy. Guest agrees that Carnival has the right to disembark any guest who violates this policy and as well as any adults traveling with minors who violate this policy or any other shipboard regulation.
(g) All Guests agree Carnival has, at all times with or without notice, the right to enter and search Guest's stateroom, personal safe or storage spaces, or to search or screen any Guest, and/or personal effects, at any location, to ensure compliance with any of the restrictions set forth in this agreement. Any Guest who refuses any such search or screening may be denied boarding or disembarked and no refund of the cruise fare will be issued.
9. GUEST'S REIMBURSEMENT FOR FINES, EXPENSES, DEBTS AND DAMAGES
(a) The Guest shall be liable to and shall reimburse Carnival or the Master for any fines or penalties imposed on Carnival by any government, governmental agency or official, port or port official, for Guest's failure to observe or comply with local requirements in respect of immigration, border patrol, customs and excise, agriculture, health or any other government regulation whatsoever.
(b) The Guest or Guest's estate shall be liable to and shall reimburse Carnival for all deviation expenses (including loss of revenue), damages to the Vessel, its furnishings, operations or equipment, or any property of Carnival caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or any minors traveling with Guest. The Guest or Guest's estate shall defend and indemnify Carnival and the Vessel, their servants and agents against liability which Carnival or the Vessel or such servants or agents may incur towards any person, company or Government for any damage to property, personal injury or death caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or minors traveling with Guest.
(c) Carnival and the Vessel shall have a lien upon all baggage, money and other property whatsoever accompanying the Guest and the right to sell the same by public auction or otherwise for all sums whatsoever due from the Guest under this Contract and for the costs and expenses of enforcing such lien and such sale.
10. INDEPENDENT CONTRACTORS, SHORE EXCURSIONS AND OTHER SERVICES
(a)Guest acknowledges that all Shore excursions/tours (whether conducted in the water, on land or by air), airline flights and ground transportation, as well as the ship's physician, and on board concessions (including but not limited to, the gift shops, spa, beauty salon, fitness center, golf and art programs, video/snorkel concession) are either operated by or are independent contractors. Even though Carnival shall be entitled to collect a fee and earn a profit from the ticketing or sale of such services by such persons or entities, Carnival neither supervises nor controls their actions, nor makes any representation either express or implied as to their suitability. Carnival, in arranging for the services called for by the physician or nurse, all on board concessions, all shore excursion/tour tickets, all pre and post cruise airline flights or other transportation off of the ship and its tenders, does so only as a convenience for the Guest and Guests are free to use or not use these services. Guest agrees that Carnival assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Guest and/or Guest's baggage, property or effects in connection with said services. Guests use the services of all independent contractors at the Guest's sole risk. Independent contractors are entitled to make a proper charge for any service performed with respect to a Guest.
(b) Guest acknowledges that the ship's masseuse, barber, hair dresser, manicurist, fitness or golf instructor, videographer, art auctioneer, gift shop personnel, wedding planners or other providers of personal services are employees of independent contractors and Carnival is not responsible for their actions. Guest further acknowledges that although independent contractors or their employees may use signage or clothing which contains the name "Carnival" or other related trade names or logos, the independent contractor status remains unchanged. Independent contractors, their employees and assistants are not agents, servants or employees of Carnival and have no authority to act on behalf of Carnival.
11. LIMITATIONS OF CARNIVAL'S LIABILITY
(a) In consideration for the fare paid, it is agreed that Carnival shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Carnival nor for any intentional or negligent acts of Carnival's employees committed while off duty or outside the course and scope of their employment.
(b) In consideration for the fare paid, it is agreed that Carnival shall have no liability as a consequence of guest's use of ship's athletic or recreational equipment or as a consequence of guest's decision to participate in any athletic or recreational activity or event.
(c) On cruises which neither embark, disembark nor call at any U.S. port, Carnival shall be entitled to any and all liability limitations and immunities provided under the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974, as well as the 1976 Protocol to the Convention Relating to the Carriage of Passengers and Their Luggage by Sea ("Athens Convention"), which limits Carnival's liability for death or personal injury of a passenger to no more than 46,666 Special Drawing Rights as defined therein (approximately U.S. $60,000 which fluctuates depending on daily exchange rate as printed in the Wall Street Journal), and all other limits for damage or loss to personal property.
(d) Carnival shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of Carnival and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to be intentionally inflicted by Carnival.
(e) In addition to all the restrictions and exemptions from liability provided in this Contract, Carnival shall have the benefit of all statutes of the United States of America providing for limitation and exoneration from liability and the procedures provide thereby, including but not limited Title 46 of the United States Code sections 30501 through 30509, and 30511. Nothing in this Contract is intended to nor shall it operate to limit or deprive Carnival or any such statutory limitation of or exoneration from liability under any applicable laws.
12. JURISDICTION, VENUE, ARBITRATION AND TIME LIMITS FOR CLAIMS
(a) Carnival shall not be liable for any claims whatsoever for personal injury, illness or death of the guest, unless full particulars in writing are given to Carnival within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Carnival within 120 days after filing. Guest expressly waives all other potentially applicable state or federal limitations periods.
(b) Carnival shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the Guest, unless full particulars in writing are given to Carnival within 30 days after the Guest is landed from the Vessel or in the case the Voyage is abandoned, within 30 days thereafter. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six months after the date Guest is landed from the Vessel or in the case the Voyage is abandoned, within six months thereafter, and unless served upon Carnival within 120 days after commencement. Guest expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the ADA, trade practices and/or advertising
(c) Except as provided in Clause 12 (d) below, it is agreed by and between the Guest and Carnival that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Guest's cruise, including travel to and from the vessel, shall be litigated, if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the Courts of any other county, state or country.
(d) Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest, whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or Guest's cruise, no matter how described, pleaded or styled, between the Guest and Carnival, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 ("the Convention") and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., ("FAA") solely in Miami-Dade County, Florida, U.S.A. to the exclusion of any other forum. Guest hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in Miami-Dade, Florida. The arbitration shall be administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference. If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, you can contact them at: National Arbitration and Mediation, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, telephone number (800) 358-2550.
NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CARNIVAL WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Carnival and Guest further agree to permit the taking of a deposition under oath of the Guest asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of Clause 12 (c) above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Clause.
13. CLASS ACTION WAIVER
THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST'S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST'S CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE 12 (d) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES
FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 12 (d) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
14. CARNIVAL'S USE OF GUEST'S LIKENESS
Carnival and/or its promotional partners have the exclusive right to include photographic, video and other visual portrayals of Guest in any medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Carnival's sole property, free from any claims by Guest or any person deriving any rights or interest from Guest.
15. GUEST'S USE OF PHOTOS, VIDEOS OR RECORDINGS PROHIBITTED
Guest hereby expressly agrees that he/she will not utilize any tape recording, video, or photograph(s) of himself/herself, any other guest, crew, or third party on board the vessel, or depicting the vessel, its design, equipment, or any part thereof whatsoever, for any commercial purpose or in any media broadcast, or for any other non private use, without the express written consent of Carnival. Guest acknowledges that by boarding the vessel, at any time, Guest irrevocably agrees to this provision, which is a condition precedent to being permitted on board the vessel and can be enforced by any legal means, including, but not limited to, injunctive relief.
16. GUEST'S OBLIGATIONS FOR EXPENSES OR IF CONFINED, DENIED BOARDING OR DISEMBARKED
(a) Guest agrees if Carnival incurs any expense or sustains any damage as delineated in but not limited to Clauses 2, 4, 8, 9 and 16, that Carnival may charge Guest's on-board charge account for any expense incurred or damage sustained.
(b) If guest is denied boarding, confined to a stateroom or disembarked from the vessel pursuant to any provision of this contract, including but not limited to Clauses 2, 4. 5, or 8, guest agrees:
i. Carnival will not be liable for any refund of Cruise Fare, other compensation or any damages.
ii. All rights under Carnival's Vacation Guarantee are forfeited. This forfeiture also applies to any guest who disembarks because another guest is disembarked.
iii. Disembarkation and repatriation to the embarkation port or any other destination will be at guest's sole expense.
iv. To indemnify Carnival and that Carnival may charge Guest's on-board charge account for any and all expenses incurred by Carnival in relation to Guest's disembarkation and/or repatriation.
IMPORTANT TERMS AND CONDITIONS FOR NON CRUISE PORTIONS OF VACATION PACKAGES PLEASE READ CAREFULLY
IMPORTANT ADDITIONAL TERMS AND CONDITIONS FOR FLY AWEIGH AIR FARE SUPPLEMENTS
You putting this on here is REALLY OBNOXIOUS - if you had to extensively prove your point, you could have provided a link. What a jerky thing to do.
Don't like it, don't read it little one.
Next time provide a link , it is more efficient and you will not come across as such a tool
This is going to take some time to memorize you know.
ROFL. Someone has some time on their hands. Well, the bottom line once again, corporate greed 1, consumer protection 0.
Thank you J Willard. I read the whole thing. I thought part 12 was very interesting. For the simple minded that don't want to know anything except what the MSN junkies want to tell you this contract is very revealing. I suggest everyone go back and really read it. I wouldn't step foot on a Carnival Cruise line for a million dollars. Well I take that back. If someone gave me a million dollars to take the Cruise I would. I would just make sure my wife was following in a rescue boat.
Carnival cruize lines must have some very good lawyers. The "Guest" or "passenger" has very little rights. The Carnival lines are responsible for very little. This is a case of "BUYER BEWARE".
Before you think about taking a Carnival Cruise read this contract. YOU GIVE UP ALL OF YOUR RIGHTS!
The real JW Marriott would not have posted this, if your real name is JW Marriott and you are not the famous grandson owner of that awesome chain then you have a very cool name for sure. Damn, I love Marriott resorts...hey honey...I'm home. If you are the real JW, can you work me a sweet deal at your signature JW Cancun property? Checked it out from the beach once when we stayed at Cancun Palace next door and thought it looked nice. You do know Cancun Palace overhauled after Wilma and its the Sh*t now. You need to do all inclusive JW in Cancun, its just the way its supposed to work instead of squeezing money out of people at every turn. Stop the $5 Fiji bottled water for one...god that kills me. Palace resorts fills the mini fridge every day for free and it was awesome. I still love Marriott, but good god it cost an arm and a leg to stay there. I do love the gov rates...so nice JW. If your needing a golf pro at a tropic location let me know, I'm not a golf pro, but I have stayed at a holiday inn express before.
@Willard--- Holy crap. That's longer then the story. How do you get so long to type all that. I only get 3 minutes.
marywhat
Cut and paste
Yeah, we've all seen these legal disclaimers from not only cruise lines but airlines; know what? It doesn't mean crap if negligence can be shown, and based on history, there's a good chance that's the case with Carnival and its parent company.
Who would sign or even recognize such a document. Carnival can search your cabin including your personal effects, can take you into custody, throw you off the ship in a foreign country, and change the price after you have gotten yourself to the port for the cruise? Of course the Coast Guard says this is no big deal. They certified this junk to carry Americans out of port. I bet Coast Guard would advise their own family to stay off Carnival ships. The really hilarious part is that Carnival stock hardly moved after this disaster. It just shows how stupid Americans are.
"Hatfield deferred questions about when the fuel oil return lines were last inspected or why the damage had been so severe"...or why none of the engine crew noticed the leak in the first place
Wouldn't matter when they were inspected. They could say 2 days before the cruise. Thing is parts break, and even new parts fail. Watch the news each day and see what major manufacture has recalls on autos.
okay - how many propellers does this ship have?
how many engine rooms does this ship have?
I was in the Navy decades ago. there was a concept called "flange guards" - apparently didn't make it to the civilian world.
that a fire in one engineering space disabled the ship only points out the hubris of the designers.
see: Titanic
entirely preventable at minimal cost, certainly less that the multi-trillion dollar annual bonusi for the management.
Look up the fire on the USS Kitty Hawk back in the day! That's where flange shields came from. An entire steaming watch died when an "O" ring for the strong back on a fuel oil strainer ruptured. The oil sprayed 75 feet to a steam driven feed pump, and up she went!
And, civilian ships are in no why built with redundant systems like a Man of War has.
Google the US Navy supply ship White Plains , engine room fire killed 6 crewmen . Apparently flange guards are not the solution TOM
I remember seeing flight deck footage of the Forrestal fire from '67. Horrific. IIRC, 9 holes in the flight deck with burning fuel oil pouring through. Don't recall how many died, including a chief who manned a fire hose into the smoke and never returned. Several ended up jumping the 90 feet from the flight deck into the water to avoid burning. I believe they were recovered safely.
SUKmeBollix:
There is NO 100% solution to anything at sea! That's why ALL sailors are trained in fire fighting. Reason being, if the ship is on fire you can't go down to the end of the block and be out of harms way!
And, if flange shields stop 7 out of 10 high pressure ruptures from spraying across the space, it's better than no shields at all!
GILLIGAN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
The hose must have built in China to save costs.
Does anyone else but me wish cruise liners were actually registerd in the U.S. instead of thrird world countries?
One work Chuck, Taxes!
NO
Well, Chuck, you certainly have a point.
However, if they had to register their ships in the US then they'd have to maintain them to US standards. Which means Carnival couldn't offer their Cruise Around The World a Dozen Times for $99 Complete anymore.
Buying a ticket on a Carnival cruise is like buying a car for $100. Maybe it will give you decent service and get you where you need to go, but will you be totally shocked if it breaks down and leaves you on the side of the road?
Buyer beware; you get what you pay for.
I wonder how many young girls went to the bow of the ship, spread their arms and pretended they were that lady on the Titanic?
You know there are some pictures or videos out there somewhere. Little Girls role-playing complete with the soundtrack...
Really? I figured it would be guys doing that - after all, it was the male character in the movie who did it and said he was king of the world. Misogynist is spelled t-e-d.
Go back and watch the movie Maggie, Rose did the same thing Jack did.
Here you go Maggie;
http://www.youtube.com/watch?v=ZQ6klONCq4s
It was sort of like that scene from Titanic.
Except they were spreading thier legs, not arms, and taking a dump over the side.
Not sure what the appropriate music would be.
I do not wish to spoil my vacation. I am trying to stay away from Carnival company's boats.
haha! tell the "Bahamas maritime agency" to phuck off, the ship is back in US waters !why should they be leading the investigation in this mishap ,let our own coastguard do it and collect the steep fines against carnival
Oh no, Charter cable went out yesterday morning for 2 .5 hours.It had to be incompetence on their part. I'm suffering emotionally because I wasn't able to keep track of important news like this........Should I call a lawyer and get some free money....And also my overdrive went out on my 98' Mazda, can I sue someone for that.???
Make sure they Pro-Rate their bills and throw in a little more for Pain and Suffering!
I feel sorry for the crew members who had to swab the "poop deck".
I'm booking with Carnival.
Accidents happen, parts break when they are in operation, not while sitting idle in port.
An aircraft can have a structural inspection today and catastrophic failure tomorrow.They did what they needed to do and no one died. Refunds and free trips are more than enough compensation.
AMEN!!!!
And many people think WalMart represents excellent quality and McDonalds serves great food.
To each his own. God Bless America.
"Accidents happen, parts break when they are in operation, not while sitting idle in port."
Agreed, however hopefully this will encourage all cruise liners to be more prepared for such emergencies. At a bare minimum ships like these should have emergency equipment & supplies in case of total power loss (camp toilets, emergency food, etc). In the longer run hopefully it will encourage better designs for the ships, like having two separate engine rooms in case one is destroyed the other can at least limp the ship back to port and keep the basic necessities (water, toilets, etc) operating ship-wide.