Your rights when a gastro outbreak ruins your cruise
Whether you are young, old, single, married or travelling with a family, cruises cater for everyone and are becoming increasingly popular.
The recent gastro outbreak on the Sea Princess cruise ship reminded us that things can go wrong, especially when there are thousands of people in close proximity and activities like rock climbing and water slides. What do you need to know from a legal perspective?
Most cruise ships have a 24-hour onboard medical centre staffed by qualified doctors and nurses available for medical needs that have arisen onboard the ship.
Treatment you know you will require while on holiday, for example, removing a cast from a broken limb where the break occurred prior to the cruise, is not provided.
You will be subjected to charges that are not covered by Medicare or private health, if you have travel insurance this will likely allow you to claim for reimbursement.
Be aware, there may be an excess, depending on your policy. Keep receipts for any expenses as you will be required to prove the cost to your insurer.
You should also keep contact details for your insurer and your policy number handy with you while on the cruise, in case you need to contact the insurer while travelling.
If you become so ill as to not be able to enjoy the cruise, and it’s from something like a gastro outbreak, then you should contact the cruise provider and request compensation for your loss, such as a part-refund or a discount on your next cruise.
Your travel insurance provider may provide a partial refund, depending on your policy.
Usually, you can only receive compensation from one source, either your insurer or the cruise.
Unfortunately, there can be far worse incidents that can happen on the open water.
There have been many reports of people falling overboard while on a cruise.
There have also been many instances of sexual assault with one report in 2011 stating that the rate of sexual assaults on board cruise ships was 50 per cent higher than on land. In fact, Australian Ms Brimble, was killed in 2002 on a cruise ship.
Usually the law that applies on board a cruise ship will be that of the Country in whose waters the ship is travelling.
Each country can claim territorial sea for up to 12 nautical miles from the low-water line on the coast.
If an incident happens outside this area though, when the ship is in international waters then the United Nations Convention on the Law of the Sea will come into force.
There can be a number of different possibilities when determining which law applies and what rights you therefore have: the law of the country where the ship is registered, the law of the country from where the ship departed, or the law of the country from where the involved passengers reside.
Often, a number of different countries will claim legal jurisdiction and it is not straightforward.
If you have had to make a claim on your travel insurance and you are unhappy with how the insurer has handled it, then speak with the independent Financial Ombudsman Service
If you are unhappy with the cruise itself, then you can contact the Department of Fair Trading in your State or the Australian Competition & Consumer Commission.
This article originally appeared in The Brisbane Times, Travel Weekly has republished with permission from Maurice Blackburn Lawyers.
Alison and Jillian Barrett are both principals at Maurice Blackburn Lawyers. The Queensland sisters are experienced lawyers and passionate social justice campaigners. Alison juggles motherhood, as well as heading up a major legal practice area. Younger sister Jillian also leads a team of lawyers and sports a double degree in Law and Journalism.
Do you have something to say on this issue? Get in touch with Travel Weekly Editor Daisy Doctor here to share your thoughts.
Email the Travel Weekly team at traveldesk@travelweekly.com.au
blog brisbane times cruise gastro insuranceLatest News
Collette goes off the beaten track with Canyon Country tour
To be clear TW is not advocating actually walking off the beaten track. Avoid the coyotes. Stay on the beaten track.
Intrepid & Korean Tourism Organisation team up to give agents a cooking masterclass
These guys learnt that Korean cooking is more than just putting kimchi on 2-minute noodles (as we once thought).
Winner, winner! Intrepid reveals the 9 lucky agents that won $2k
Who won the incentive? Which Intrepid trip will they spend it on? What day of the week is it again? Where am I? Huh?
Corporate Traveller reports 42% increase in Easter traffic this year
Business travellers just love Easter! Expect plenty of chocolate stained documents returning to the office on Tuesday.
Turbulent year wiped $384m off Qantas brand value: Report
Meanwhile, eating tuna at your desk can damage your own personal office brand value by several thousand dollars.
FAMIL: Room-Res & Singapore Tourism Board shows agents the Lion City’s roar
Click this article to see a man very impressed by a 20-layer chocolate cake. We're not kidding, he loved it!
Oceania Cruises offers sailors free pre-cruise hotel stay
Looking for ways to make your holidays as long as possible? Look no further.
Bonza launches new website to compliment app, agent portal
Does news about an airline's website fill you with ecstasy, glee and joy? Get your hit of the good stuff here.
MTA agents attends ‘Lunch ‘n’ Learn’ with AMA Waterways
When organising the event, Lunch 'n' Learn beat out Dinner 'n' Divulge and Breakfast 'n' Banter. Understandably so.
Travelmarvel reveals 2025 South America tours
If you spot any typos in the newsletter today it is because TW became distracted Googling images of Machu Picchu.
Tourists from 5 countries could be BANNED from visiting Australia
Anthony Albanese's immigration laws could impact tourism from certain countries.
Just how many passengers will Qantas & Jetstar hop around this Easter?
Airline workers are ready for gleeful Easter travellers! Also prepared for sticky children with chocolate on their face.
Air New Zealand gets ready for bumper Easter weekend
Air NZ gears up for travelling passengers this Easter, while TW looks to beat our egg eating record. 117 here we come!
Four Seasons Yachts reveals first itineraries to the Caribbean & Mediterranean
These trips look so good we wish there were five seasons! Alright, we'll see ourselves out...
FAMIL: Travellers Choice treats top agents to the wonders of Rotorua
This one's got plenty of famil pics and no one looks shockingly hungover in them! Clearly no TW staffers were there.
European Waterways celebrates 50th anniversary with week-long founders cruise
Plan on celebrating your 50th anniversary with a bottle of Moët and fairy bread? European Waterways has better ideas.
100th route! Jetstar celebrates the launch of Brisbane-Avalon with 12 hour sale
Jetstar knocks a ton and celebrates with a sale while TW once scored a ton and celebrated with about 17 beers.
Record-breaking year for NSW as visitor expenditure soars past $50 billion
Enjoy running round the Opera House? Be prepared to elbow even more tourists out the way.
Norwegian Cruise Line makes play for solo travellers
NCL ensuring you don't have to go trawling Tinder to find a cruise partner. Thank goodness, we were sick of catfishing.
Entire Travel Group’s Canada and Europe 2024/25 brochures are out now
Entire's new brochure is bittersweet; it both informs your clients and makes you envious of the holiday they'll take.
Malaysia Airlines adds 3 new destinations & A330neo seats
More seats means cheaper airfares and more money to spend on overpriced airport sandwiches. Woohoo!
Two divine days onboard Crystal Serenity
It's only pure serenity onboard this ship. Anxiety, agitation and anguish have been rejected by the bouncer.
How the Globus Family of Brands elevates coach touring: Travel Weekly TV with Chris Fundell
Chris' here so you don't think coaches mean peeling your thighs off a sticky leather seat every time you stand up!
The Flight Centre Foundation gears up for massive 2024 with 3 new board members
The foundation looks to invest $200k this year, spurring the TW journos to figure out how to qualify as a charity.
Barking Owl Communications to head up Anantara & Avani in ANZ
Fellow PR competitors had been barking up the wrong tree even thinking of bidding for this job!
Amex GBT to purchase CWT for $871m
It's big deals like this that get a firm handshake - hence the sore hands over at the CWT and Amex GBT offices.
1000MTG’s second global conference reminds agents to ‘strive and thrive’
Alongside messages to 'strive' and 'thrive' were those to 'survive', 'drive', 'arrive' and 'jive' (when appropriate).
Qantas A330 makes “loud bang”, pilots forced to shut down one engine
Qantas refusing to let Boeing have all the headlines in aviation world today!
GX Community Tourism Summit 2024 location revealed!
The new location has arrived and it'll blow your socks off! Time for another trip to Target for more socks then.
Visiting the destination my Mum didn’t want me to
Yet again, this journo has been a stress to his mother. Discover how this trip spurred his mother's anxiety here.
Agents come out of their shells at P&O’s turtle hatchery event
For some, it's a few glasses of bubbles to lure them out of their shell. For these agents, it was a bit more literal.
Boeing cleanout: CEO, chair to go as safety crisis plagues the manufacturer
CEOs are falling thick and fast these days. We should have started up a bingo game with their headshots in the office.
Virgin looks to swap MAX 10 order for MAX 8s amid Boeing delays: Reports
Virgin has changed its order for something smaller. Much like we have to at Maccas following a worrying doctor's visit.
Club Med unveils newest luxury yacht for 2024/25 early bird sale
This yacht is preserved for the early birds! Night Owls may also get onboard depending how late they stay up.
Abercrombie & Kent 2024 Asia Portfolio is here
Round up the family and get planning an Asia jaunt. Or, if they're hard to handle, brush them all and go it alone!
Elevate your earnings: Final days to secure double commission with Inspiring Vacations’ March offer
What could inspire you to sell more Inspiring Vacations? Double commission of course! That's all the inspiration needed.