Baggage Restrictions...is this for real?

[Ratdoggie]

One of my cruise mates is questioning this wording in the ticket contract for our upcoming cruise:

"(b) No tools of trade, household goods, presents and/or property of others, jewelry, money, cameras, documents, valuables of any description including but not limited to such articles as are described in Title 46 of the United States Code section 30503 shall be carried except under and subject to the terms of a special written contract or Bill of Lading entered into with Carnival prior to embarkation upon application of the Guest. The Guest warrants that no such articles are contained in any receptacle or container presented by him as baggage hereunder, and if any such articles are shipped in the Guest’s baggage in breach of this warranty, no liability for negligence, gross or ordinary, shall attach to Carnival for any loss or damage thereto."

 

So...no jewelry, money, cameras or documents? I'm hoping this just means that Carnival won't be liable if we pack these in our baggage and they are lost or stolen. Surely we can bring these things on our person at least. I mean, how do you not bring money or a camera on vacation! Any thoughts?

[bakersdozen12]

I'm not a lawyer, but I believe that the point of that clause is to release Carnival of any liability should you carry any of those items in your luggage and they are subsequently lost, stolen or damaged. Not that you can't bring them onboard. Everyone does. Personally I put nothing of value in my luggage. It all stays in my carryon.

Edited December 1, 2016 by bakersdozen12

[virginiab]

Don't pack your money or other valuables in your checked luggage. If you do, they are not responsible for them. As you guessed, you should carry them on.

[Jeepenfun]

All that stuff I carry on anyway. My camera bag is one of my carry ons and laptop backpack to carry laptop, iPad and chargers for my other carry on. Documents, passports, boarding passes and cruise documents all fit just fine in laptop backpack. My wife uses a carry on size suitcase with wheels with long handle to pull it along with and all of her junk in it. Her iPad, camera, passport, purse and what ever else a wife carries in a carry on.

 

Just like airline checked bags, Never put valuables in checked bags. I always carry on my camera equipment and electronics. You never know what goes on with baggage under the concourses or terminal. Not worth the risk when I can just carry it on without issue.

[cb at sea]

Most cruise lines allow 200 lbs PER PERSON... If you bring anything that gets lost or damaged, they will not cover it....they absolve themselves from any and all liability....

 

Bring what you want, but it's YOUR responsibility! ALWAYS carry your valuables and electronics with you. NEVER "check" anything of value...and always LOCK your checked bags. This is not just wise for a cruise, but for ANY vacation!

Edited December 1, 2016 by cb at sea

[dctravel]

This action of the US Code is about limits to liability and personal injury. I am not a lawyer either, but the previous posters interpretation sounds plausible to me. Here is the text of the law:

 

https://www.law.cornell.edu/uscode/text/46/30506

 

 

Sent from my iPhone using Forums mobile app

[Schoifmom]

You will find the same type of language if you would bother to read the full airline contract when you purchase plane tickets. The upshot it, don't check anything that is valuable or fragile. If you do, it's on you not the airline or cruise line.

[okgirl]

I've always interpreted that to mean you can't transport the "property of others", specifically those items listed as you and Carnival would be operating as a shipping company and be subject to the import/export laws.

[sparks1093]

I'm not a lawyer, but I believe that the point of that clause is to release Carnival of any liability should you carry any of those items in your luggage and they are subsequently lost, stolen or damaged. Not that you can't bring them onboard. Everyone does. Personally I put nothing of value in my luggage. It all stays in my carryon.

 

This is the way that I read it also.

[StolidCruiser]

Apparently nobody bothered to actually read what Title 46 of the United States Code section 30503 says.

 

(a) In General.—

If a shipper of an item named in subsection (b), contained in a parcel, package, or trunk, loads the item as freight or baggage on a vessel, without at the time of loading giving to the person receiving the item a written notice of the true character and value of the item and having that information entered on the bill of lading, the owner and master of the vessel are not liable as carriers. The owner and master are not liable beyond the value entered on the bill of lading.

 

(b) Items.—

The items referred to in subsection (a) are precious metals, gold or silver plated articles, precious stones, jewelry, trinkets, watches, clocks, glass, china, coins, bills, securities, printings, engravings, pictures, stamps, maps, papers, silks, furs, lace, and similar items of high value and small size.

 

What it means is if you don't tell them you're carrying the Crown Jewels, the original Mona Lisa or $1 million in cash, they aren't going to cover it if it gets lost (think Titanic).

 

They aren't telling you that you can't bring on your $99 Nikkon camera, your fake costume jewelry or your handful of dollar bills you intend to use as tips.

 

I do give the OP's cruisemate high marks for actually reading and questioning the cruise contract. 99% don't.

Edited December 1, 2016 by StolidCruiser

[BuckeyeCruiseGuy]

This is also in the ticket contract

 

d) It is stipulated and agreed that the aggregate value of Guest’s property, does not exceed $50 USD per guest or bag with a maximum value of $100 USD per stateroom regardless of the number of occupants or bags and any liability of Carnival for any cause whatsoever with respect to said property shall not exceed such sum, unless the Guest shall in writing, delivered to Carnival, prior to embarkation, declare the true value thereof and pay to Carnival prior to embarkation a sum equal to 5% of the excess of such value. If Carnival shall be held liable for the loss of or damage to Guest’s baggage or property it is agreed that such liability shall not exceed the lesser of: (1) the actual cash value, or (2) value declared in the manner above provided (up to U.S. $100 USD if no such declaration has been made). Declared value amounts to be proportionately reduced in any case where less than all of Guest’s baggage or property is lost, delayed or rendered unusable due to damage. In no event shall Carnival be liable to pay any compensation if the nature or value of the property has been misrepresented.

[Pellaz]

....which is a good reason to buy travel insurance. The allowances for lost luggage in most insurance contracts is well above what Carnival (or any common carrier) may be liable for, by law.

[coevan]

seriously, who cares, what percentage people ever read those contracts

[Ratdoggie]

Thank you for the responses, they are all in line with what I was thinking. Too bad contracts can't be written in simple layman terms, but then what would lawyers do! I will of course be carrying my camera/phone, cash and documents. If we can't easily replace it, it won't go into my checked bags!

[ccruisequeen]

I always thought it meant that you couldn't go to a birthday party (wedding reception) and bring back the gifts, or take gifts to a party or friends you were getting together with in one of the ports

 

 

I cruise for creme brûlée, lobster and warm chocolate melting cake!

[A&Jfamily]

Cruising is like buying a car or a house. All of these types of standard contracts are loaded with language in an attempt to protect the seller. Read it, don't read it, but if you do read it, know that you are basically wasting you time. If you want to purchase the car, house or cruise, you are going to have to sign their contract. That boilerplate language isn't negotiable and deemed "industry" standard.

 

Yes, Carnival may inadvertently drop your luggage in the ocean. Another poster just recently reported this event. And in reading their post, they received WAY more than $50 per bag -something like $250 in cruise credit plus other stuff. Just because the language is in there, doesn't mean that Carnival won't make things right; making things right just makes good business sense. Do you really think the cruise line wants you on board for 7 days telling all the other guests you encounter that they dropped your luggage in the ocean and only gave you $50?

 

If you read these boards enough, there are posters who are not prepared for the obvious - change in ports, cancelled cruise etc. - and basically try to throw Carnival under the bus. But if you take the time to read how Carnival "could have handled it" under the cruise contract, and what they actually do to preserve their good name (most recently a 100% refund PLUS a 100% cruise credit for a future cruise) their compensation is way more often than not very fair.