Original scientific paper

Forum selection clauses : different regulations from the perspective of cruise ship passengers

Igor Volner ; Wallenius Wilhelmsen Logistics, Oslo, Norway

Abstract

This paper represents a comparison between legal approaches to passenger protection in the United States and European Union. The author focuses on forum selection clauses in cruise passenger tickets and their treatment in proceedings following an accident related to the journey. In this context the author analyses the case law available to passengers in the United States and suggests certain changes in the treatment of forum selection clauses. Moreover, this paper introduces legal instruments available to cruise passengers in the European Union and gives a detailed analysis of EU approach towards jurisdiction clauses. Most importantly, the author draws conclusions from the comparison between the two legal systems and their approach to consumer protection.

Keywords

carriage by sea; passenger protection; jurisdiction clauses; forum selection clauses; consumer protection; cruise; Athens Convention; Brussels Regulation

Hrčak ID:

16603

URI

https://hrcak.srce.hr/16603

Publication date:

1.8.2007.

Article data in other languages: croatian

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