Cruise And Maritime Services International Ltd v Navigators Underwriting Agency Ltd The "Marco Polo" [2017]

Cruise And Maritime Services International Ltd v Navigators Underwriting Agency Ltd The "Marco Polo" [2017] EWHC 843 —12 April 2017 (Knowles J)

“After the outbreak of norovirus on-board, the Claimant cruise line agents sought an indemnity from Charterers' Liability insurers for payments to passengers following curtailment of the voyage. The Court found that the Claimant was not a contractin…

“After the outbreak of norovirus on-board, the Claimant cruise line agents sought an indemnity from Charterers' Liability insurers for payments to passengers following curtailment of the voyage. The Court found that the Claimant was not a contracting carrier under the Athens Convention and instead passengers' claims lay against the Tour Operators with whom they had a contractual relationship. The Claimant, therefore, had incurred "no losses costs or expenses as Charterer", money having been refunded to passengers for commercial and reputational reasons only.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
19th April 2017

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(2017) 972 LMLN 4— London Arbitration 12/17