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Can cruise ship passengers sue for the hantavirus outbreak on board?

The legal options for passengers on a cruise ship that was hit by an outbreak of deadly hantavirus are limited. However, the operator could still be held liable if they acted recklessly. The legal situation for passengers of the MV Hondius is described below.

What do we know about the outbreak?

The?MV Hondius was a Dutch flagged polar expedition cruise vessel operated by Oceanwide Expeditions. It carried nearly 150 passengers and staff near Antarctica. On May 3, it reported to global health authorities a clustering of severe respiratory illness.

After hantavirus was found in a passenger that disembarked late in April, and was treated in South Africa, the outbreak was confirmed. The hantavirus is spread by contact with mice and rats, but the strain on the ship has the potential to spread from person-to-person.

The health officials are investigating the way in which this virus was able to get on board.

As of Tuesday, three people had died since the outbreak began. According to the World Health Organization, nine cases have been reported as of Tuesday.

What legal rights do passengers have?

Oceanwide's "terms and Conditions" page says that the company is not responsible for any illness or death, lost luggage, or robbery.

Legal experts in the Netherlands say that Oceanwide's broad waiver terms may not stand up if passengers prove the company was grossly negligent.

Terms and conditions state that all lawsuits must be brought in the Netherlands.

No passengers have sued or announced that they would sue.

Legal experts say that gross negligence and recklessness is difficult to prove under Dutch law. They would need evidence proving that Oceanwide knew what they were doing was dangerous, but still did it.

Legal experts say that examples could include ignoring instructions or warnings from health authorities, and not following basic infection control protocols despite knowing it would harm patients.

The MV Hondius Crew has not been reported to have engaged in misconduct. Some passengers have publicly praised the crew for the way they handled the situation.

A spokesperson for Oceanwide did not respond when asked to comment.

What country's law would apply?

The terms and conditions specify that the only court with jurisdiction to hear lawsuits is the District Court of Middelburg, Netherlands.

Experts said that courts in the U.S., and other countries, generally honor "forum clauses", and will likely dismiss cases brought from elsewhere.

Dutch legal experts say that passengers could claim that Oceanwide's blanket waivers of liability are unreasonable and not enforceable under EU consumer protection laws.

Oceanwide's broad terms could also be interpreted as violating EU laws governing "contract fairness" for consumers. These laws make terms unenforceable when they favor a company too much.

What rights do non-passengers have?

Oceanwide will most likely argue that ticket terms apply to any claims arising from the trip and invoke Dutch exclusive jurisdiction.

Families could claim that they have not waived their rights to sue for wrongful death and try to convince the court of Oceanwide's unfair and unreasonable terms. They would still have to prove gross negligence or recklessness.

Is there a legal precedent?

Legal experts say that there is limited precedent in the Netherlands for passengers suing cruise ships.

In the U.S., cruise lines were sued by passengers who were exposed to COVID-19. However, many of these lawsuits were dismissed as plaintiffs could not show that the cruise operator was directly responsible for their illness.

Oceanwide, unlike major cruise lines like Carnival, does not seem to have any U.S.-based connections that would allow it to be governed by the U.S. (Reporting and editing by Noeleen Walder and Rod Nickel; New York, Jack Queen)

(source: Reuters)