Nobody reads T&C’s – but the High Court’s Ruby Princess decision shows consumer law may protect us a

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25 Apr 2024
24

How many times have you booked travel - like a cruise or a tour - and simply clicked that you’ve read and agreed to the terms and conditions for your trip without actually reading them?

What if something went wrong on your trip and it turned out the terms you didn’t read prevented you from suing in certain courts?

This was just one problem faced by some of the passengers on the now infamous Ruby Princess cruise ship, which was supposed to be making a pleasant trip from Sydney to New Zealand and back in March 2020, but instead became the location for one of the most well-known early outbreaks of COVID.

Now, the High Court has found that consumers can be protected even if they haven’t fully read their terms and even if they were outside Australia when they accepted them.

Read more: Stormy seas ahead: confidence in the cruise industry has plummeted due to COVID-19

Class action against cruise lines
As a result of the outbreak, Susan Karpik brought a class action suit in the Federal Court of Australia against Carnival plc and Princess Cruise Lines Ltd, the owners and operators of the ship.

The suit alleged that Princess had not taken appropriate safety precautions to best ensure passengers did not get COVID while on board. Karpik won her suit on her own claims, with the Federal Court finding Princess was liable to her, including for damages related to her husband’s death from COVID.

This was also a win for the other 2,600 passengers, who can now rely on the Federal Court’s ruling that safety precautions were not taken.

Read more: If you want to avoid ‘giving away your first born’ make sure you read the terms and conditions before signing contracts

Karpik and most of the Ruby Princess passengers were subject to Australian terms and conditions for their travel. However, nearly 700 passengers were subject to US terms and conditions.

These terms stated that any lawsuit related to travel on the Ruby Princess could only be brought in US Federal Court in Los Angeles, California, and that passengers were not allowed to sue in a class action - known as a class action waiver.

This means any lawsuit could only be brought individually, something that could be very expensive for each of the passengers. Princess argued that these passengers were bound by the US terms and therefore could not be part of the Australian class action.

A woman with blonde hair addresses the media in front of two men in suits
Susan Karpik lost her husband to COVID after they got stuck on the Ruby Princess cruise ship. Dan Himbrechts/AAP
International How many times have you booked travel - like a cruise or a tour - and simply clicked that you’ve read and agreed to the terms and conditions for your trip without actually reading them?

What if something went wrong on your trip and it turned out the terms you didn’t read prevented you from suing in certain courts?

This was just one problem faced by some of the passengers on the now infamous Ruby Princess cruise ship, which was supposed to be making a pleasant trip from Sydney to New Zealand and back in March 2020, but instead became the location for one of the most well-known early outbreaks of COVID.

Now, the High Court has found that consumers can be protected even if they haven’t fully read their terms and even if they were outside Australia when they accepted them.

Read more: Stormy seas ahead: confidence in the cruise industry has plummeted due to COVID-19

Class action against cruise lines
As a result of the outbreak, Susan Karpik brought a class action suit in the Federal Court of Australia against Carnival plc and Princess Cruise Lines Ltd, the owners and operators of the ship.

The suit alleged that Princess had not taken appropriate safety precautions to best ensure passengers did not get COVID while on board. Karpik won her suit on her own claims, with the Federal Court finding Princess was liable to her, including for damages related to her husband’s death from COVID.

This was also a win for the other 2,600 passengers, who can now rely on the Federal Court’s ruling that safety precautions were not taken.

Read more: If you want to avoid ‘giving away your first born’ make sure you read the terms and conditions before signing contracts

Karpik and most of the Ruby Princess passengers were subject to Australian terms and conditions for their travel. However, nearly 700 passengers were subject to US terms and conditions.

These terms stated that any lawsuit related to travel on the Ruby Princess could only be brought in US Federal Court in Los Angeles, California, and that passengers were not allowed to sue in a class action - known as a class action waiver.

This means any lawsuit could only be brought individually, something that could be very expensive for each of the passengers. Princess argued that these passengers were bound by the US terms and therefore could not be part of the Australian class action.

A woman with blonde hair addresses the media in front of two men in suits
Susan Karpik lost her husband to COVID after they got stuck on the Ruby Princess cruise ship. Dan HimHow many times have you booked travel - like a cruise or a tour - and simply clicked that you’ve read and agreed to the terms and conditions for your trip without actually reading them?

What if something went wrong on your trip and it turned out the terms you didn’t read prevented you from suing in certain courts?

This was just one problem faced by some of the passengers on the now infamous Ruby Princess cruise ship, which was supposed to be making a pleasant trip from Sydney to New Zealand and back in March 2020, but instead became the location for one of the most well-known early outbreaks of COVID.

Now, the High Court has found that consumers can be protected even if they haven’t fully read their terms and even if they were outside Australia when they accepted them.

Read more: Stormy seas ahead: confidence in the cruise industry has plummeted due to COVID-19

Class action against cruise lines
As a result of the outbreak, Susan Karpik brought a class action suit in the Federal Court of Australia against Carnival plc and Princess Cruise Lines Ltd, the owners and operators of the ship.

The suit alleged that Princess had not taken appropriate safety precautions to best ensure passengers did not get COVID while on board. Karpik won her suit on her own claims, with the Federal Court finding Princess was liable to her, including for damages related to her husband’s death from COVID.

This was also a win for the other 2,600 passengers, who can now rely on the Federal Court’s ruling that safety precautions were not taken.

Read more: If you want to avoid ‘giving away your first born’ make sure you read the terms and conditions before signing contracts

Karpik and most of the Ruby Princess passengers were subject to Australian terms and conditions for their travel. However, nearly 700 passengers were subject to US terms and conditions.

These terms stated that any lawsuit related to travel on the Ruby Princess could only be brought in US Federal Court in Los Angeles, California, and that passengers were not allowed to sue in a class action - known as a class action waiver.

This means any lawsuit could only be brought individually, something that could be very expensive for each of the passengers. Princess argued that these passengers were bound by the US terms and therefore could not be part of the Australian class action.

A woman with blonde hair addresses the media in front of two men in suits
Susan Karpik lost her husband to COVID after they got stuck on the Ruby Princess cruise ship. Dan HimHow many times have you booked travel - like a cruise or a tour - and simply clicked that you’ve read and agreed to the terms and conditions for your trip without actually reading them?

What if something went wrong on your trip and it turned out the terms you didn’t read prevented you from suing in certain courts?

This was just one problem faced by some of the passengers on the now infamous Ruby Princess cruise ship, which was supposed to be making a pleasant trip from Sydney to New Zealand and back in March 2020, but instead became the location for one of the most well-known early outbreaks of COVID.

Now, the High Court has found that consumers can be protected even if they haven’t fully read their terms and even if they were outside Australia when they accepted them.

Read more: Stormy seas ahead: confidence in the cruise industry has plummeted due to COVID-19

Class action against cruise lines
As a result of the outbreak, Susan Karpik brought a class action suit in the Federal Court of Australia against Carnival plc and Princess Cruise Lines Ltd, the owners and operators of the ship.

The suit alleged that Princess had not taken appropriate safety precautions to best ensure passengers did not get COVID while on board. Karpik won her suit on her own claims, with the Federal Court finding Princess was liable to her, including for damages related to her husband’s death from COVID.

This was also a win for the other 2,600 passengers, who can now rely on the Federal Court’s ruling that safety precautions were not taken.

Read more: If you want to avoid ‘giving away your first born’ make sure you read the terms and conditions before signing contracts

Karpik and most of the Ruby Princess passengers were subject to Australian terms and conditions for their travel. However, nearly 700 passengers were subject to US terms and conditions.

These terms stated that any lawsuit related to travel on the Ruby Princess could only be brought in US Federal Court in Los Angeles, California, and that passengers were not allowed to sue in a class action - known as a class action waiver.

This means any lawsuit could only be brought individually, something that could be very expensive for each of the passengers. Princess argued that these passengers were bound by the US terms and therefore could not be part of the Australian class action.

A woman with blonde hair addresses the media in front of two men in suits
Susan Karpik lost her husband to COVID after they got stuck on the Ruby Princess cruise ship. Dan HimHow many times have you booked travel - like a cruise or a tour - and simply clicked that you’ve read and agreed to the terms and conditions for your trip without actually reading them?

What if something went wrong on your trip and it turned out the terms you didn’t read prevented you from suing in certain courts?

This was just one problem faced by some of the passengers on the now infamous Ruby Princess cruise ship, which was supposed to be making a pleasant trip from Sydney to New Zealand and back in March 2020, but instead became the location for one of the most well-known early outbreaks of COVID.

Now, the High Court has found that consumers can be protected even if they haven’t fully read their terms and even if they were outside Australia when they accepted them.

Read more: Stormy seas ahead: confidence in the cruise industry has plummeted due to COVID-19

Class action against cruise lines
As a result of the outbreak, Susan Karpik brought a class action suit in the Federal Court of Australia against Carnival plc and Princess Cruise Lines Ltd, the owners and operators of the ship.

The suit alleged that Princess had not taken appropriate safety precautions to best ensure passengers did not get COVID while on board. Karpik won her suit on her own claims, with the Federal Court finding Princess was liable to her, including for damages related to her husband’s death from COVID.

This was also a win for the other 2,600 passengers, who can now rely on the Federal Court’s ruling that safety precautions were not taken.

Read more: If you want to avoid ‘giving away your first born’ make sure you read the terms and conditions before signing contracts

Karpik and most of the Ruby Princess passengers were subject to Australian terms and conditions for their travel. However, nearly 700 passengers were subject to US terms and conditions.

These terms stated that any lawsuit related to travel on the Ruby Princess could only be brought in US Federal Court in Los Angeles, California, and that passengers were not allowed to sue in a class action - known as a class action waiver.

This means any lawsuit could only be brought individually, something that could be very expensive for each of the passengers. Princess argued that these passengers were bound by the US terms and therefore could not be part of the Australian class action.

A woman with blonde hair addresses the media in front of two men in suits
Susan Karpik lost her husband to COVID after they got stuck on the Ruby Princess cruise ship. Dan HimHow many times have you booked travel - like a cruise or a tour - and simply clicked that you’ve read and agreed to the terms and conditions for your trip without actually reading them?

What if something went wrong on your trip and it turned out the terms you didn’t read prevented you from suing in certain courts?

This was just one problem faced by some of the passengers on the now infamous Ruby Princess cruise ship, which was supposed to be making a pleasant trip from Sydney to New Zealand and back in March 2020, but instead became the location for one of the most well-known early outbreaks of COVID.

Now, the High Court has found that consumers can be protected even if they haven’t fully read their terms and even if they were outside Australia when they accepted them.

Read more: Stormy seas ahead: confidence in the cruise industry has plummeted due to COVID-19

Class action against cruise lines
As a result of the outbreak, Susan Karpik brought a class action suit in the Federal Court of Australia against Carnival plc and Princess Cruise Lines Ltd, the owners and operators of the ship.

The suit alleged that Princess had not taken appropriate safety precautions to best ensure passengers did not get COVID while on board. Karpik won her suit on her own claims, with the Federal Court finding Princess was liable to her, including for damages related to her husband’s death from COVID.

This was also a win for the other 2,600 passengers, who can now rely on the Federal Court’s ruling that safety precautions were not taken.

Read more: If you want to avoid ‘giving away your first born’ make sure you read the terms and conditions before signing contracts

Karpik and most of the Ruby Princess passengers were subject to Australian terms and conditions for their travel. However, nearly 700 passengers were subject to US terms and conditions.

These terms stated that any lawsuit related to travel on the Ruby Princess could only be brought in US Federal Court in Los Angeles, California, and that passengers were not allowed to sue in a class action - known as a class action waiver.

This means any lawsuit could only be brought individually, something that could be very expensive for each of the passengers. Princess argued that these passengers were bound by the US terms and therefore could not be part of the Australian class action.

A woman with blonde hair addresses the media in front of two men in suits
Susan Karpik lost her husband to COVID after they got stuck on the Ruby Princess cruise ship. Dan HimHow many times have you booked travel - like a cruise or a tour - and simply clicked that you’ve read and agreed to the terms and conditions for your trip without actually reading them?

What if something went wrong on your trip and it turned out the terms you didn’t read prevented you from suing in certain courts?

This was just one problem faced by some of the passengers on the now infamous Ruby Princess cruise ship, which was supposed to be making a pleasant trip from Sydney to New Zealand and back in March 2020, but instead became the location for one of the most well-known early outbreaks of COVID.

Now, the High Court has found that consumers can be protected even if they haven’t fully read their terms and even if they were outside Australia when they accepted them.

Read more: Stormy seas ahead: confidence in the cruise industry has plummeted due to COVID-19

Class action against cruise lines
As a result of the outbreak, Susan Karpik brought a class action suit in the Federal Court of Australia against Carnival plc and Princess Cruise Lines Ltd, the owners and operators of the ship.

The suit alleged that Princess had not taken appropriate safety precautions to best ensure passengers did not get COVID while on board. Karpik won her suit on her own claims, with the Federal Court finding Princess was liable to her, including for damages related to her husband’s death from COVID.

This was also a win for the other 2,600 passengers, who can now rely on the Federal Court’s ruling that safety precautions were not taken.

Read more: If you want to avoid ‘giving away your first born’ make sure you read the terms and conditions before signing contracts

Karpik and most of the Ruby Princess passengers were subject to Australian terms and conditions for their travel. However, nearly 700 passengers were subject to US terms and conditions.

These terms stated that any lawsuit related to travel on the Ruby Princess could only be brought in US Federal Court in Los Angeles, California, and that passengers were not allowed to sue in a class action - known as a class action waiver.

This means any lawsuit could only be brought individually, something that could be very expensive for each of the passengers. Princess argued that these passengers were bound by the US terms and therefore could not be part of the Australian class action.

A woman with blonde hair addresses the media in front of two men in suits
Susan Karpik lost her husband to COVID after they got stuck on the Ruby Princess cruise ship. Dan HimHow many times have you booked travel - like a cruise or a tour - and simply clicked that you’ve read and agreed to the terms and conditions for your trip without actually reading them?

What if something went wrong on your trip and it turned out the terms you didn’t read prevented you from suing in certain courts?

This was just one problem faced by some of the passengers on the now infamous Ruby Princess cruise ship, which was supposed to be making a pleasant trip from Sydney to New Zealand and back in March 2020, but instead became the location for one of the most well-known early outbreaks of COVID.

Now, the High Court has found that consumers can be protected even if they haven’t fully read their terms and even if they were outside Australia when they accepted them.

Read more: Stormy seas ahead: confidence in the cruise industry has plummeted due to COVID-19

Class action against cruise lines
As a result of the outbreak, Susan Karpik brought a class action suit in the Federal Court of Australia against Carnival plc and Princess Cruise Lines Ltd, the owners and operators of the ship.

The suit alleged that Princess had not taken appropriate safety precautions to best ensure passengers did not get COVID while on board. Karpik won her suit on her own claims, with the Federal Court finding Princess was liable to her, including for damages related to her husband’s death from COVID.

This was also a win for the other 2,600 passengers, who can now rely on the Federal Court’s ruling that safety precautions were not taken.

Read more: If you want to avoid ‘giving away your first born’ make sure you read the terms and conditions before signing contracts

Karpik and most of the Ruby Princess passengers were subject to Australian terms and conditions for their travel. However, nearly 700 passengers were subject to US terms and conditions.

These terms stated that any lawsuit related to travel on the Ruby Princess could only be brought in US Federal Court in Los Angeles, California, and that passengers were not allowed to sue in a class action - known as a class action waiver.

This means any lawsuit could only be brought individually, something that could be very expensive for each of the passengers. Princess argued that these passengers were bound by the US terms and therefore could not be part of the Australian class action.

A woman with blonde hair addresses the media in front of two men in suits
Susan Karpik lost her husband to COVID after they got stuck on the Ruby Princess cruise ship. Dan HimHow many times have you booked travel - like a cruise or a tour - and simply clicked that you’ve read and agreed to the terms and conditions for your trip without actually reading them?

What if something went wrong on your trip and it turned out the terms you didn’t read prevented you from suing in certain courts?

This was just one problem faced by some of the passengers on the now infamous Ruby Princess cruise ship, which was supposed to be making a pleasant trip from Sydney to New Zealand and back in March 2020, but instead became the location for one of the most well-known early outbreaks of COVID.

Now, the High Court has found that consumers can be protected even if they haven’t fully read their terms and even if they were outside Australia when they accepted them.

Read more: Stormy seas ahead: confidence in the cruise industry has plummeted due to COVID-19

Class action against cruise lines
As a result of the outbreak, Susan Karpik brought a class action suit in the Federal Court of Australia against Carnival plc and Princess Cruise Lines Ltd, the owners and operators of the ship.

The suit alleged that Princess had not taken appropriate safety precautions to best ensure passengers did not get COVID while on board. Karpik won her suit on her own claims, with the Federal Court finding Princess was liable to her, including for damages related to her husband’s death from COVID.

This was also a win for the other 2,600 passengers, who can now rely on the Federal Court’s ruling that safety precautions were not taken.

Read more: If you want to avoid ‘giving away your first born’ make sure you read the terms and conditions before signing contracts

Karpik and most of the Ruby Princess passengers were subject to Australian terms and conditions for their travel. However, nearly 700 passengers were subject to US terms and conditions.

These terms stated that any lawsuit related to travel on the Ruby Princess could only be brought in US Federal Court in Los Angeles, California, and that passengers were not allowed to sue in a class action - known as a class action waiver.

This means any lawsuit could only be brought individually, something that could be very expensive for each of the passengers. Princess argued that these passengers were bound by the US terms and therefore could not be part of the Australian class action.

A woman with blonde hair addresses the media in front of two men in suits
Susan Karpik lost her husband to COVID after they got stuck on the Ruby Princess cruise ship. Dan HimHow many times have you booked travel - like a cruise or a tour - and simply clicked that you’ve read and agreed to the terms and conditions for your trip without actually reading them?

What if something went wrong on your trip and it turned out the terms you didn’t read prevented you from suing in certain courts?

This was just one problem faced by some of the passengers on the now infamous Ruby Princess cruise ship, which was supposed to be making a pleasant trip from Sydney to New Zealand and back in March 2020, but instead became the location for one of the most well-known early outbreaks of COVID.

Now, the High Court has found that consumers can be protected even if they haven’t fully read their terms and even if they were outside Australia when they accepted them.

Read more: Stormy seas ahead: confidence in the cruise industry has plummeted due to COVID-19

Class action against cruise lines
As a result of the outbreak, Susan Karpik brought a class action suit in the Federal Court of Australia against Carnival plc and Princess Cruise Lines Ltd, the owners and operators of the ship.

The suit alleged that Princess had not taken appropriate safety precautions to best ensure passengers did not get COVID while on board. Karpik won her suit on her own claims, with the Federal Court finding Princess was liable to her, including for damages related to her husband’s death from COVID.

This was also a win for the other 2,600 passengers, who can now rely on the Federal Court’s ruling that safety precautions were not taken.

Read more: If you want to avoid ‘giving away your first born’ make sure you read the terms and conditions before signing contracts

Karpik and most of the Ruby Princess passengers were subject to Australian terms and conditions for their travel. However, nearly 700 passengers were subject to US terms and conditions.

These terms stated that any lawsuit related to travel on the Ruby Princess could only be brought in US Federal Court in Los Angeles, California, and that passengers were not allowed to sue in a class action - known as a class action waiver.

This means any lawsuit could only be brought individually, something that could be very expensive for each of the passengers. Princess argued that these passengers were bound by the US terms and therefore could not be part of the Australian class action.

A woman with blonde hair addresses the media in front of two men in suits
Susan Karpik lost her husband to COVID after they got stuck on the Ruby Princess cruise ship. Dan Himbrechts/AAP
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