When I first started writing about Travel Law,1 the rights and remedies available to victimized travelers were few indeed. The concept that an airline, cruise line, hotel, resort or travel intermediary such as an Internet travel seller or tour operator should be able to insulate itself from liability for the tortious and contractual misconduct of so called “independent contractors” was universally accepted by the courts on the land and on the sea. “Travel Law,” Law Journal Press (2017), §5.04 and §3.02[3].
The ‘Barbetta’ Rule
In the context of maritime law, the near universal enforcement of the rule in Barbetta v. S/S Bermuda Star,848 F. 2d 1364 (5th Cir. 1988), insulating a cruise ship from liability for the medical malpractice of the ship’s medical staff, is a perfect example of the independent contractor defense. Indeed, a variation of this rule—contractual disclaimers of liability for the misdeeds of ground service providers during shore excursions—was also universally enforced.
19th Century Passenger Rights
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