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Hurt on excursion question.


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This question is probably gonna be a free for all but I have a scenario for you.

 

If you were on a Carnival sponsored tour and in the last 2/3rds of the tour, (the tour is on a catamaran.) You slipped and fell, in turn hitting your head very hard, knocking yourself silly, split the skin and were bleeding enough for it to be rolling down your head and back. How would you expect the crew to act and what would you expect them to do? What would you expect Carnival to do once you were back on shore but still a piece from the ship?

 

I'll tell you what did happen afterwards. No cheating.

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I'm not sure about the vendor on the tour but I know Carnival won't do anything. They won't even be notified unless you tell them. If you need further medical care, you'll need to go to the infirmary and you'll end up paying for it since you were not injured on board.

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First I would check out the fine print of the cruise contract/shore excusion part (wow, I sound like g'ma!). From the Carnival website...

 

10. INDEPENDENT CONTRACTORS, SHORE EXCURSIONS AND OTHER SERVICES

 

(a)Guest acknowledges that all Shore excursions/tours (whether conducted in the water, on land or by air), airline flights and ground transportation, as well as the ship’s physician, and on board concessions (including but not limited to, the gift shops, spa, beauty salon, fitness center, golf and art programs, video/snorkel concession) are either operated by or are independent contractors. Even though Carnival shall be entitled to collect a fee and earn a profit from the ticketing or sale of such services by such persons or entities, Carnival neither supervises nor controls their actions, nor makes any representation either express or implied as to their suitability. Carnival, in arranging for the services called for by the physician or nurse, all on board concessions, all shore excursion/tour tickets, all pre and post cruise airline flights or other transportation off of the ship and its tenders, does so only as a convenience for the Guest and Guests are free to use or not use these services. Guest agrees that Carnival assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Guest and/or Guest’s baggage, property or effects in connection with said services. Guests use the services of all independent contractors at the Guest’s sole risk. Independent contractors are entitled to make a proper charge for any service performed with respect to a Guest.

 

(b) Guest acknowledges that the ship’s masseuse, barber, hair dresser, manicurist, fitness or golf instructor, videographer, art auctioneer, gift shop personnel, wedding planners or other providers of personal services are employees of independent contractors and Carnival is not responsible for their actions. Guest further acknowledges that although independent contractors or their employees may use signage or clothing which contains the name “Carnival” or other related trade names or logos, the independent contractor status remains unchanged. Independent contractors, their employees and assistants are not agents, servants or employees of Carnival and have no authority to act on behalf of Carnival.

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Allow me to distill that a bit further:

 

"Guest agrees that Carnival assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Guest and/or Guest’s baggage, property or effects in connection with said services. Guests use the services of all independent contractors at the Guest’s sole risk."

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This question is probably gonna be a free for all but I have a scenario for you.

 

If you were on a Carnival sponsored tour and in the last 2/3rds of the tour, (the tour is on a catamaran.) You slipped and fell, in turn hitting your head very hard, knocking yourself silly, split the skin and were bleeding enough for it to be rolling down your head and back. How would you expect the crew to act and what would you expect them to do? What would you expect Carnival to do once you were back on shore but still a piece from the ship?

 

I'll tell you what did happen afterwards. No cheating.

 

 

Carnival would do nothing. The tour operator would be responsible for your immediate care and getting you back to the ship if you were not able to do so on your own.

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I'm betting there are some fine print exclusions in the tour operators ticketing process as well.

 

And then there are excursions like our Freeport UNEXSO open water dolphin swim, where we had to sign 2 page waivers saying it wasn't their fault if we got eaten or drowned. :p

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Lets see, it's on the way back when they open up the free booze on these trips, factor in a wet deck on a fast moving craft over choppy waters. It makes for a very bumpy ride where balance may be impared a little.

 

I would bet some where in their ticket in relieves the tour operator of liability due to the inherant risks.

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I fully realize what the ticket contract says. I ask what would you expect to happen? So would the ones that posted about the contract and so forth, expect nothing to happen? You are on your own?

 

By the way, just to note, there was no booze involved and the boat wasnt moving.

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This question is probably gonna be a free for all but I have a scenario for you.

 

If you were on a Carnival sponsored tour and in the last 2/3rds of the tour, (the tour is on a catamaran.) You slipped and fell, in turn hitting your head very hard, knocking yourself silly, split the skin and were bleeding enough for it to be rolling down your head and back. How would you expect the crew to act and what would you expect them to do? What would you expect Carnival to do once you were back on shore but still a piece from the ship?

 

I'll tell you what did happen afterwards. No cheating.

 

I would expect that anyone witnessing the accident (including the crew of the catamaran) would try to stop the bleeding or at least give you a towel or something no matter who they were. I'm not sure what "still a piece from the ship" means (maybe you mis-typed?) but maybe you mean away from the ship? Anyway, I would hope someone would help you make it back to the ship if you needed assistance.

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I fully realize what the ticket contract says. I ask what would you expect to happen? So would the ones that posted about the contract and so forth, expect nothing to happen? You are on your own?

 

By the way, just to note, there was no booze involved and the boat wasnt moving.

 

 

I would fully expect to be responsible for falling on a small boat on the ocean. First Aid from the tour people would be all that I'd expect from anyone. I'm a grown up and am responsible for myself, good and bad. Beyond that, my travel insurance, which I always purchase independent of the cruise line, would cover any necessary medical treatments.

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I would expect someone working for the tour to say "Holy crap pal, are you OK?" and help you up. Then maybe a shot of tequila and a towel to stop the bleeding. Oh, and when I got off the boat I would hope he would say "Hope you feel better!"

 

Is that what you were looking for?

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I fully realize what the ticket contract says. I ask what would you expect to happen? So would the ones that posted about the contract and so forth, expect nothing to happen? You are on your own?

Blood is a biohazard, so I certainly would not expect non-medical personnel to clean you up. They are not obligated to do anything, but I would expect them to ask whether you felt the need to be put off the boat to seek medical attention. Perhaps they might offer the use of their first aid kit.

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OK...Friends traveling with us, on a private tour (not ship sponsored), the wife stepped on a rock and twisted her ankle. Tour guide helped her back to van. When we got back to ship, (Carnival Elation) she went to the medical center. They wrapped her ankle, gave her ice packs and some excedren. All no charge.

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I would expect the crew to be concerned, and to get out a first aid kit and attempt to stop the bleeding. I wouldn't expect Carnival to do anything, especially if you're not back on the ship. Once you were on the ship if you reported your accident, I would think they would recommend you see the ship's doctor, at your own expense.

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I’m guessing operator would take down some kind of report… have you tell your version of what happened… ask you if you would like additional medical attention. Offer to take you to hospital/back to ship if you want.

And operator should definitely let the ship know. Ships staff should then contact you, seeing if you’re okay.

At least that’s what I’m hoping would happen. :(

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If we're talking a fall where you cracked your head but didn't need stitches I'd probably ask if they had an ice pack (keeping in mind that they're not required to have an ice pack for me, but doesn't hurt to ask). If it was bad enough to need stitches, I guess I'd hope for directions to the nearest place you could get stitches.

As far as what I'd expect from the cruise line - probably nothing. I wouldn't think they would even be aware of it, so how could they do something about it?

 

Disclaimer: I'm not a Dr. type person - for me to go to the Dr. there has to be serious pain or close to dying involved. I've never been to the Dr. for things like colds/flus/fevers/bruises/or bumps on the head. There were even a few times where I probably should have gone for stitches, but decided to put the butterfly bandages on/or glued it myself.

I realize that there are Dr. type people who don't mind going to the Dr. for basic health care things and their answer will be vastly different than mine, it doesn't mean that either one of us is wrong, just that when it comes to medical situations some are more comfortable taking care of things on their own and others prefer others to deal with it for them. I can respect that.

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I'm betting there are some fine print exclusions in the tour operators ticketing process as well.

 

And then there are excursions like our Freeport UNEXSO open water dolphin swim, where we had to sign 2 page waivers saying it wasn't their fault if we got eaten or drowned. :p

 

 

We're almost certainly talking about an excursion that took place outside the US, so the law may be different.

 

In the US, there is no waiver you can sign that will relieve a tour operator of liability in the case of NEGLIGENCE. So, a lot depends on why the person fell. If they simply tripped over their own feet, or was knocked down by another passenger, then there is probably no legal liability. If, however, the fall was caused by poor maintenance of the boat, or by incompetent boat operators, the waiver probably will not shield the operator.

 

The same legal concept might pierce Carnival's disclaimer of liability, as well, if it could be shown that they were negligent in selecting a tour sub-contractor and knowingly hired one with substandard equipment, untrained personnel or a history of passenger accidents.

 

Now, the OP was not really asking about legal liability, but rather what actions would you expect. I would expect to be helped to my feet or somewhere comfortable. I would expect a towel to stop the bleeding and to be given a first-aid kit, if one is available. I would expect the tour operator to cut the tour short so I could be transported to a hospital, if necessary.

 

I would not expect a full refund of my tour cost. I would not expect free drinks or other consideration not included in the fare.

 

Paul

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Ok I will tell exactly why I fell and what type of injury I had. I slipped on the catermeran net as I stepped on it. We were not allowed to wear shoes and there was no handrail. I landed on the back of my head with nothing breaking the fall and hit a metal D ring that was fiberglassed into the boat. I had about a 1 1/2" cut on the back of my head, open and bleeding, didnt know at the time what it would require. Didnt stop bleeding. Swelling in the area, little out of it and nauseous.

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