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

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

• forum selection clauses
• jurisdiction clauses
• cruise
• passenger protection
• consumer protection
• passenger rights
• Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (2002)
• carriage of passengers
• Council Regulation (EC) No 44/2001 (Brussels Regulation)