Royal Caribbean passengers hurt in New Zealand volcano eruption: Is the cruise line liable?

[Jason]

A volcanic eruption Monday on White Island in New Zealand killed at least six people, left eight others presumed dead and injured many more, leaving police questioning why 47 people – including Royal Caribbean cruise passengers – were on the island that had seen an increase in seismic activity in recent weeks.

"We are devastated by today’s events and our hearts go out to all those affected by this tragedy," Royal Caribbean said in a Monday statement. Several passengers from the Ovation of the Seas ship, which was at the nearby Tauranga port, were touring the island at the time of the 2 p.m. eruption. 

The incident raises the question of whether the cruise company is liable for injuries to passengers who were on White Island at the time. No current shore excursions to the island are listed on Royal Caribbean's website, though there are excursions listed in the Tauranga area. A spokesperson for Royal Caribbean told USA TODAY the line could not offer information on excursions to White Island. 

Why were tourists on the island?

That's the question police will be investigating after increases in seismic activity had been recorded on White Island for weeks.

"These questions must be asked and they must be answered," Prime Minister Jacinda Ardern said in Parliament.

GeoNet, which tracks New Zealand's seismic and volcanic activity, raised its alert level on the island in November after increasing sulfur dioxide gas. Volcanic tremor also increased, and the agency wrote at the time that the island "may be entering a period where eruptive activity is more likely than normal."

So who is responsible for cruisers?

Are cruise lines liable for injuries to passengers? The short answer is: Probably not, but that comes with caveats.

Jeff Ment, a travel industry attorney at Ment Law Group, told USA TODAY that a cruise line's responsibility is typically contingent on the partnerships they engage in.

"Cruise lines have to partner with reasonable vendors because they don’t have any specific knowledge about volcano eruption or volcanic conditions of New Zealand," Ment said. "They're in the business of running a cruise line."

This can become problematic if a line doesn't partner with a responsible or reputable expert vendor in the local environment. 

At this time, it is unclear whether Royal Caribbean had partnered with a local company, whether passengers took independent excursions or whether an official cruise-sponsored trip occurred.

"The law in this area suggests that the vendor selection is what creates the potential liability for a company like Royal Caribbean," Ment said. "If they hired the best vendor there is, and that vendor made a bad decision, that’s probably not Royal Caribbean’s responsibility but the vendor’s responsibility for going over when the conditions didn't warrant that."

It's the vendor's duty to make a final call on whether an excursion is safe or not.

However, if a cruise line doesn't heed the advice of a vendor then the responsibility falls with the line, Ment explained.

Other cruise lines could be affected
 
While Royal Caribbean was in the area when the volcano erupted, other major cruise lines make stops at Port of Tauranga which is about 55 miles away from White Island. Now, lines are reacting to the news of the eruption. 

Norwegian Cruise Line's Norwegian Jewel was scheduled, according to CruiseMapper, to come into port at Tauranga at 9 a.m. local time Tuesday before departing at 6 p.m. USA TODAY has reached out to Norwegian to inquire about whether that schedule had been altered.

Norwegian Jewel is also scheduled for a Tauranga stop Thursday on a separate sailing. 

Viking and Celebrity Cruises, which both list Tauranga as a port they visit on their websites, with sailings scheduled to arrive there in January and February, respectively, did not return USA TODAY's inquiries as to whether they will be adjusting sailing schedules following Monday's volcanic eruption.

Princess Cruises stated it will not alter its upcoming itineraries to the nearby port, but the cruise line is suspending a flight excursion that features views of White Island. 

"We send our deepest condolences to those affected by the volcano eruption on White Island," the line said in a statement provided to USA TODAY by Princess public relations specialist Alivia Owyoung Ender. "Three Princess Cruises ships, Ruby Princess, Golden Princess and Majestic Princess have calls in the area at the port of Tauranga in mid-/late-December." 

According to CruiseMapper, Golden Princess is scheduled to arrive at port in Tauranga on Dec. 15.

The company noted: "Princess Cruises does not offer any additional excursions involving the (White Island)."

Holland America Line stated the cruise company "has no ships in New Zealand at this time. The Noordam next visits Tauranga on December 20."

Contributing: Ryan W. Miller, Sara M Moniuszko, USA TODAY; The Associated Press

By Leora Arnowitz and Morgan Hines, USA TODAY
Re-posted on CruiseCrazies.com - Cruise News, Articles, Forums, Packing List, Ship Tracker, and more
For more cruise news and articles go to https://www.cruisecrazies.com

View full article