Passengers aboard Crystal Cruises’ Crystal Symphony were held on board an extra day when the ship changed course after an arrest warrant was issued against the vessel due to unpaid fuel bills.
On Saturday, the ship sailed to Bimini after bypassing its scheduled landing in Miami where the ship may have been greeted by a U.S. Marshal. Originally, the ship was scheduled to return to Miami on Saturday, ending a round-trip cruise that began Jan. 8, according to Cruise Mapper.
The passengers and some crew, except for a reduced crew who will continue to pilot the ship, disembarked in Bimini on Sunday, Elio Pace told USA TODAY on Sunday. Pace is a UK-based artist who worked aboard Crystal Symphony.
“We are all safe on this ferry and have said goodbye to the ship,” he said before the ferry departed for Fort Lauderdale – the cruise line’s solution to carrying passengers to Florida after its divergence. towards Bimini.
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But with a cruise scheduled to end in another country on another day, some wonder if the situation is allowed. One Twitter user even suggested the situation was something like a “kidnapping”.
So, can a cruise ship keep passengers on board past their disembarkation date for a non-technical reason like this weekend? USA TODAY spoke to experts to find out.
Can cruise lines change their itineraries?
The short answer is yes, according to Jim Walker, an attorney who runs Cruise Law News, a site whose tagline reads, “Everything the cruise lines don’t want you to know.”
Walker told USA TODAY that like any other cruise line, Crystal has the right to change the itinerary and ports of call. He cited point nine of his ticket terms and conditions which are listed on the cruise line’s website.
“Ending on the small island of Bimini in the Bahamas rather than returning to Miami where they have their connecting flights is a significant change, but the cruise line can legally do so under the onerous terms of its passenger tickets,” explained Walker.
“Whether they realized it at the time, the cruise lines have unwittingly agreed to all terms and conditions of the cruise passenger’s ticket, including Crystal Cruises’ right, in its sole and absolute discretion, to alter the itinerary and replace ports,” he said. .
Was it an appropriate choice to change the route depending on the circumstances?
Route changes are common and permitted. But Crystal Cruises “didn’t want to go to Miami because if they did, the ship could be shut down,” Michael Winkleman, a cruise attorney, told USA TODAY.
“Yes, they can change the itinerary, but that doesn’t mean it’s appropriate, and it can leave the door open for passengers to take legal action against them,” he said.
Is what happened considered a “kidnapping”?
Cruise ship attorney Michael Winkleman told USA TODAY on Sunday that what’s happening falls within the legal elements of what a kidnapping is “properly speaking.”
“But no one would ever sue, especially if it’s just a day or two on a luxury cruise,” Winkelman said.
Walker agreed.
“It is a form of kidnapping in that passengers who did not agree to be taken to Bimini rather than Miami were taken against their will,” he said.
But that doesn’t mean that “kidnapping” would be defended in court.
“Legally speaking, cruise lines have given cruise lines contractual permission to take them wherever cruise lines want them to go,” Walker said. “Remember that the Seizure Order (aka Arrest Warrant) can only be executed in a US port. That’s why Crystal Cruises, which registers its ships in the Bahamas, s ‘diverted to a port in this inept country in order to evade U.S. jurisdiction.”
Could the passengers take legal action for what happened?
Winkleman noted that if they felt the need, the passengers could take legal action over what happened. He does not believe that the application of the cruise line’s contract noting itinerary changes would apply in this particular situation.
“I don’t think that would be a barrier to a trial,” Winkleman said.
Walker also agreed that a passenger could sue, “with the caveat that anyone can sue anyone”.
Any lawsuit filed is unlikely to succeed, Walker said.
“The legal relationship between a cruise passenger and a cruise line is determined by the terms and conditions of the contract between them,” Walker said. “The cruise line’s ticket is considered the legally binding contract in effect. Pursuant to the contract which is drafted exclusively by the cruise line’s attorneys for the benefit of the cruise line, the cruise line has a legal basis to change alternate routes and ports at its sole discretion.”
The people who were on the ship are not worried about the change of plans
From the ferry to Fort Lauderdale on Sunday, Pace told USA TODAY the atmosphere was “very calm” even with a delay.
“We boarded a few hours later than planned,” he said, noting there was a two-hour delay before the ferry was at sea.
While Pace expressed concern Saturday about the situation, he said the cruise line handled things well on Sunday.
“I have to say that Crystal (has) handled it all so impeccably, keeping everyone informed at every opportunity,” he said.
And passenger John Dresner, from the UK, told The Crystal Symphony’s USA TODAY on Saturday that the change in itinerary hasn’t upset his travel party’s plans too much.
“We had to change flights, which wasn’t too bad actually, and we’ll be late for home one day, which again isn’t the end of the world for us,” he said. he declared.
Pace and Dresner said Saturday the ship’s crew continued to feed and entertain passengers throughout the extra day on board.
And Walker said the situation is not that uncommon.
“What happened may come as a shock to a lot of people, but it looks a lot like business as usual as far as I’m concerned,” he said.
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