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Old 09-12-2013, 09:00 PM   #1
over50visits
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General Average Contribution

Ah, the wonderful Disney Cruise Line Cruise Contract we all agree to. You know, the one that states the food can be contaminated and/or unfit and the ship doesn't have to work or even be seaworthy (paragraph 18).

Our paragraph of the day:

Paragraph 34: "No Guest will be liable to pay, nor entitled to receive, any general average contribution in respect of any property taken with them on the Vessel."

Do you know what you're agreeing to here?
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Old 09-12-2013, 09:09 PM   #2
ariel fans
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Does your name mean 50 cruises? Lol
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Old 09-12-2013, 09:44 PM   #3
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I'm not an attorney, nor by any means a legal expert, but my guess is that guests won't have to pay Disney if their luggage is damaged or lost and Disney won't have to pay guests if either happens.

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Old 09-12-2013, 09:58 PM   #4
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from Wikipedia

The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency.

"1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently 'inevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder.""

2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole.""

3rd. This attempt to avoid the imminent common peril must be successful".

so.. if the something went wrong.. we all throw luggage over the ship.. and the ship is saved.. we can not ask Disney to reimburse for the lost luggage nor could Disney ask us to pay for other items that may be thrown overboard.

http://en.wikipedia.org/wiki/General_average
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Last edited by aliron; 09-12-2013 at 10:04 PM. Reason: Adding more from wiki
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Old 09-12-2013, 10:50 PM   #5
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so.. if the something went wrong.. we all throw luggage over the ship.. and the ship is saved.. we can not ask Disney to reimburse for the lost luggage nor could Disney ask us to pay for other items that may be thrown overboard.
Bingo!
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Old 09-12-2013, 11:08 PM   #6
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If pax truly felt the cruiselines would abide by the contract, no one would sail, I mean book. Have you read this contract.

Because according to the contract they could supply a different ship of any size, not leave port, as mentioned , supply inedible /contaminated food, all while not being held liable for any of these potential disruptions.

I'm soooo happy the lines do not hold us to the language in the contracts.
Hopefully they never will.

For someone on the fence, debating cruising for the first time, I recommend to bypass the contract language, or you will definitely not sail.
I now we paused briefly after a gander at the language. And have never looked back... at the contract. Most lines make up for any major issues generally anyway.

Again please don't read this if you are on the fence.
DCL Contract; http://disneycruise.disney.go.com/cr...ct/?country=us

What other business has this language, yet has customers, and repeat ones at that? Go figure.
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Old 09-13-2013, 06:22 AM   #7
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Quote:
Originally Posted by over50visits View Post
Ah, the wonderful Disney Cruise Line Cruise Contract we all agree to. You know, the one that states the food can be contaminated and/or unfit and the ship doesn't have to work or even be seaworthy (paragraph 18).

Our paragraph of the day:

Paragraph 34: "No Guest will be liable to pay, nor entitled to receive, any general average contribution in respect of any property taken with them on the Vessel."

Do you know what you're agreeing to here?
No. When are you going to tell us?
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Old 09-13-2013, 10:03 AM   #8
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Quote:
Originally Posted by over50visits View Post
Ah, the wonderful Disney Cruise Line Cruise Contract we all agree to. You know, the one that states the food can be contaminated and/or unfit and the ship doesn't have to work or even be seaworthy (paragraph 18).

Our paragraph of the day:

Paragraph 34: "No Guest will be liable to pay, nor entitled to receive, any general average contribution in respect of any property taken with them on the Vessel."

Do you know what you're agreeing to here?
Yes. I'm agreeing to be smart enough to buy travel insurance.

But, just in case you are actually curious:

http://www.duhaime.org/LegalDictiona...alAverage.aspx
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Old 09-13-2013, 10:37 AM   #9
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It's been a while since I read the entire contract -- but doesn't it also say that if anything goes wrong, it's NOT Disney's fault.
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Old 09-13-2013, 01:55 PM   #10
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No. When are you going to tell us?
Aliron got it right...essentially, if the ship is sinking, the crew may starting throwing things overboard. An involved sea tradition where everyone chips in to pay for the losses of those who have stuff thrown overboard. There are a few other situations, but that's basically it. In the DCL contract, though, you won't get paid if they throw your stuff over and you won't have to chip in for others' losses.

One of the more obscure things we agree to when we sail.
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Old 09-13-2013, 08:25 PM   #11
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Quote:
Originally Posted by jrabbit View Post
it's been a while since i read the entire contract -- but doesn't it also say that if anything goes wrong, it's not disney's fault.
bingo!!!!!!
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Old 09-13-2013, 09:47 PM   #12
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Quote:
Originally Posted by Bear3412 View Post
If pax truly felt the cruiselines would abide by the contract, no one would sail, I mean book. Have you read this contract.

Because according to the contract they could supply a different ship of any size, not leave port, as mentioned , supply inedible /contaminated food, all while not being held liable for any of these potential disruptions.

I'm soooo happy the lines do not hold us to the language in the contracts.
Hopefully they never will.

For someone on the fence, debating cruising for the first time, I recommend to bypass the contract language, or you will definitely not sail.
I now we paused briefly after a gander at the language. And have never looked back... at the contract. Most lines make up for any major issues generally anyway.

Again please don't read this if you are on the fence.
DCL Contract; http://disneycruise.disney.go.com/cr...ct/?country=us

What other business has this language, yet has customers, and repeat ones at that? Go figure.
Something else for a new cruiser to understand is that just because you are allowed to do something doesn't mean you should especially with a business that relies 100% on peoples discretionary spending. Cruise lines aren't selling the basic necessities for living so no one has to buy their product. It wouldn't take long for any cruise line to go out of business if they implemented most of the things in the contract; even DCL.

This and the almost instant wrath of social media are the main reasons I don't really worry about the contract.
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Old 09-13-2013, 11:16 PM   #13
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If the ship was going down and throwing luggage overboard someone stopped it from sinking Then I would happily volunteer my luggage to go overboard. But I'm not worried about that actually happening.
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Old 09-13-2013, 11:26 PM   #14
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If the ship was going down and throwing luggage overboard someone stopped it from sinking Then I would happily volunteer my luggage to go overboard. But I'm not worried about that actually happening.
Me too. There would also be a lot of deck chairs and dining room tables go overboard before I would ever get to my cabin for the luggage.

This sounds like an exclusion that was meant for a lot smaller ships. I can't imagine how much weight you would have to throw overboard to have any affect one of the new huge ships.
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Old 09-13-2013, 11:53 PM   #15
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Quote:
Originally Posted by over50visits View Post
Ah, the wonderful Disney Cruise Line Cruise Contract we all agree to. You know, the one that states the food can be contaminated and/or unfit and the ship doesn't have to work or even be seaworthy (paragraph 18).

Our paragraph of the day:

Paragraph 34: "No Guest will be liable to pay, nor entitled to receive, any general average contribution in respect of any property taken with them on the Vessel."

Do you know what you're agreeing to here?
What are you trying to say Stay onshore O.K. Done with that what's next on our order of business tonight?
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