Carnival Contract.docx - Jessica Garcia Gonzalez 04/04/20...

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Jessica Garcia Gonzalez04/04/20Palegal 41Please answer the following questions in detail:1.Identify all the limits on the client's right to sue, mandatory ADR, choice of jurisdiction andvenue, limits on liability for baggage and any other limits on the client's right to sue.The Section which is titled “12a. LIMITATIONS OF CARNIVAL’S LIABILITY”in the contractstates that in consideration for the fare paid Carnival should not be held indirectly liable forintentional or negligent acts of any other person or passenger that is not employed by them or forthose committed by “off duty” employees. Section 12b of the contract releases carnival of anyliability pertaining to the use of athletic/recreational equipment or participation of anyrecreational activity or event. On section 12c it pretty much states that when it is an internationalcruise not embarking or disembarking in a US port Carnival does hold liability. Which includelimitations and immunities for loss of or damage to luggage, death and/or personal injury asprovided under EU Regulation 392/2009 on the liability of carriers to passengers in the event ofaccidents. Unless the loss or damage was caused by a shipping incident, which is defined as ashipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect inthe ship Carnival’s liability is limited to no more than approximately U.S. $608,000, whichfluctuates depending on the daily exchange rate as published in the Wall Street Journal. if thepassenger proves that the incident was a result of Carnival’s fault or neglect. If the loss ordamage was caused by a shipping incident, Carnival’s liability is limited to no more

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Term
Spring
Professor
N/A
Tags
Injury, Class action

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