More than 4 million passengers every year, or about 45% of the entire worldwide cruise industry's passengers, depart out of Miami, Port Everglades - Fort Lauderdale, Cape Canaveral or Tampa.  The amount of revenue generated by the cruise industry is enormous.  Several Cruise Lines are based in Florida, including Royal Caribbean, Celebrity and Carnival Cruise Lines With the profits of these cruise lines, comes the responsibility to provide a safe environment for its passengers.  This is not always a primary concern for some cruise lines.

Practically all the large cruise passenger ships calling at American ports are under foreign ownership and foreign flags.  To determine whether the law of the U.S. applies to a foreign flag ship, the courts look to the general law of conflicts applicable to any contract.  If the contract is entered into in the United States, the voyage starts in the U.S., and a U.S. citizen is involved, the law of the United States generally applies even if the flag of the ship is foreign.  However, state law may apply, particularly if there is no federal maritime law precedent. 

The contractual terms on a passenger ticket is critical and controlling in most circumstances.  In consideration of payment, the passenger receives a written contract of passage.  This contract has generated many cases relating to the enforceability of its many provisions.  The enforceability of the contract terms on the ticket depends on the clarity of the ticket and whether adequate notice was given to the passenger of the fact that the ticket was indeed a contract.  The issue of reasonable notice is a question of law for the judge to decide.  The judge must determine whether the warning language in the passenger ticket is reasonably communicative and therefore legally binding and enforceable.  The language on the cruise ticket must notify the passenger that the terms printed elsewhere on the ticket form a binding contract that has an effect on legal rights.  The format of the ticket is critical, including the positioning of the notice to the passenger that the ticket actually contains provisions that affects a passenger’s legal rights. 

It is important to note that neither a cruise passenger’s failure, or inability to read the ticket, nor someone else’s actual possession of the cruise ticket. voids a contractual limitation contained in the ticket itself.  Although many cruise tickets have a line for the passenger to sign, the signature is not necessary for the formation of a binding contract.  The passenger’s acceptance and use of the ticket implies assent to the contractual provisions on the ticket. 

The forum selection clauses on cruise tickets are enforceable.  The cruise passenger has a very heavy burden in trying to set aside a forum selection clause on the grounds of inconvenience.