The Cruise Safely Guide by Cruise Safely

THE

CRUISE SAFELY GU IDE B E P R E PA R E D FOR YOU R NEXT CRUISE ADVENTURE

CR U IS E SAFE LY.CO M

“ W H E N P R E PA R I NG T O T R AV E L , L AY OU T A L L YOU R C L O T H E S A N D A L L YOU R M ON E Y. T H E N TAKE H ALF THE CLOTHE S AND TWICE THE MONEY” – SUSAN HELLER

CONTENTS

1. WHAT THIS GUIDE OFFERS YOU . . . . . . . . . . . . . . . . . 4 2. STAYING WELL ON A CRUISE . . . . . . . . . . . . . . . . . . . 7 Review the CDC Travel Site for Preventative Recommendations. . . . . . 8 Carry an Extra Supply of Medication. . . . . . . . . . . . . . . . . . . . . . 9 Take Your Vitamins. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Stay Hydrated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Watch for the Warning Signs of Heat-Related Illness . . . . . . . . . . . . 11 Limit Sun Exposure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Wash Your Hands! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Use Alcohol in Moderation. . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Check Your Health Insurance Plan Regarding Coverage. . . . . . . . . . . 17 Onboard Medical Facilities: What You Should Know. . . . . . . . . . . . . 18 Facilities Vary from Ship to Ship . . . . . . . . . . . . . . . . . . . . . . . . 19 Most Cruise Lines Voluntarily Align Care Standards with the ACEP. . . . 20 Cruise Medical Facilities Are Not Regulated. . . . . . . . . . . . . . . . . . 21

3. SAFETY STANDARDS FOR SHIP OPERATION . . . . . . . . 23 Cruise Incidents Lead to Cruise Standards: the SOLAS Agreement. . . . 25 New Passenger Drill Guidelines Emerge: Lessons from the Costa Concordia. . . . . . . . . . . . . . . . . . . . . . . . . . .

4. CRIME AT SEA: RIGHTS AND SAFETY PRACTICES . . . . 28 U.S. Law Does Not Necessarily Apply: Questions of Jurisdiction . . . . . 30 The Cry for Safety Protocols: U.S. Cruise Vessel Security and Safety Act (CVSSA) . . . . . . . . . . . . . . . . . . . . . . . 32 Safety Mandates for Ship Design and Procedures. . . . . . . . . . . . .

Mandatory Care in Sexual Assault Cases . . . . . . . . . . . . . . . . . .

Requirements for Crime Reporting . . . . . . . . . . . . . . . . . . . . .

Strategies for Avoiding Assault . . . . . . . . . . . . . . . . . . . . . . . . 38 Practice Situational Awareness . . . . . . . . . . . . . . . . . . . . . . .

Limit Your Alcohol. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Don’t Misperceive Your Sense of Safety. . . . . . . . . . . . . . . . . . .

Beware of the “Love Boat” Effect . . . . . . . . . . . . . . . . . . . . . . 40 Talk to Your Kids About Assault Risks. . . . . . . . . . . . . . . . . . . . . 41 Keep the Peace with Family! . . . . . . . . . . . . . . . . . . . . . . . . .

Secure Your Valuables . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. THE BUSINESS OF SAILING TO PORTS OF CALL AND THE PERCEPTION OF RISK . . . . . . . . . . . . 44 Cruise Lines Assess and Manage Risk Differently. . . . . . . . . . . . . .

The Influence of Logistics and Laws on Perception of Risk. . . . . . . .

Review all Travel Warnings and Evaluate Desired Ports . . . . . . . . . .

Double-Check Your Facts. . . . . . . . . . . . . . . . . . . . . . . . . . .

Reevaluate Your Choice Prior to Your Final Payment and Departure. . . . 51

6. PIRACY AND TERRORISM . . . . . . . . . . . . . . . . . . . . 52 Locations Where Most Piracy Occurs . . . . . . . . . . . . . . . . . . . .

Antipiracy Measures that Enhance Ship Security. . . . . . . . . . . . . .

7. DOING YOUR HOMEWORK IS YOUR BEST INSURANCE! . 57

WHAT THIS GUIDE OFFERS YOU

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When you book your cruise trip, the last thing you want to do is consider what might go wrong. You may feel that the likelihood of becoming sick or injured is a long shot: “That could never happen to me!” Understandably, you want to focus solely on the good time ahead. However, the reality is that the sheer number of people on a modern cruise ship—a Disney Cruise Line cruise might have over 1,000 school-age children on board, for example—increases the probability that some kind of illness or accident requiring medical treatment is possible. Sometimes that required medical treatment addresses a life or death situation. We are pro-cruise and believe that the cruise industry provides a safe and enjoyable vacation. We recognize, however, that cruising carries some risk. Even a Lamborghini with all its bells and whistles comes with seat belts and air bags! Although ship incidents attract a lot of attention in the media, cruise travel is very safe compared to other vacations. We describe a few serious cruising incidents in this guide, but we do so to illustrate how the cruising industry has responded with enhanced ship features, safety protocols, and medical provisions. These incidents are the exception to the rule, and be reassured that the cruising industry takes them—and your safety—seriously.

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When you choose to travel on a cruise ship, informing yourself of risks, safety features, your rights, and any steps you can take to minimize your own personal risk will ensure you have the most enjoyable and healthiest trip possible. This article helps you make informed decisions about what to consider before you travel, such as how you can reduce your likelihood of becoming ill or victimized by crime, and what you can expect from onboard medical facilities and crew personnel. The guide is a good starting point for researching your vacation. It gives you some important safety information you need to know to minimize your overall risk; endnotes and links provide more detail if you want to learn more about particular incidents. Our website, CruiseSafely.com, is written by cruising experts and covers a broad range of safety issues and current industry trends. We suggest you subscribe to stay up on the latest cruising news and recommendations.

STAYING WELL ON A CRUISE

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You spend thousands of dollars on your cruise, and you do not want to get sick while cruising. You can minimize your risk by following a few steps both before your travel and during your cruise.

REVIEW THE CDC TRAVEL SITE FOR PREVENTATIVE RECOMMENDATIONS Review the Center for Disease Control (CDC) travel website (http://wwwnc.cdc. gov/travel) to see what they recommend you do, if anything, before arriving at your

specific destination. For most people, few precautionary measures are necessary before embarking on a cruise. However, diseases can be brought aboard by passengersâ&#x20AC;&#x201D;even diseases not typically considered a threat anymore. For example, measles, which for years was thought to be eradicated in the U.S., reemerged in this country in 2015. The CDC recommends that you have at least the basic vaccinations. Most of us have had vaccinations for measles, mumps, rubella, polio, and so on as children, and a tetanus booster might to be the only additional measure you need to take. However, six months before your cruise, discuss your destination and current health history with you doctor, who is the most qualified person to advise you.

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CARRY AN EXTRA SUPPLY OF MEDICATION As you prepare for your cruise, obtain an extra supply of any medication that you need in case some of it is lost. If you are travelling with others who have their own carry-on bags, ask someone in your party to carry the extra supply for you in case your bag is lost.

TAKE YOUR VITAMINS If your cruise has you changing climates, your body might be stressed. If you do not take a vitamin regimen, ask your doctor if it is a good idea to start one.

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STAY HYDRATED Most people are not well hydrated and many could even be considered borderline dehydrated. Distracted on a cruise and busy with excursionsâ&#x20AC;&#x201D;often in hot, sunny climatesâ&#x20AC;&#x201D;you can forget to drink water. Dehydration can cause a number of symptoms, from overall weakness and headaches to irregular heartbeat. Severe dehydration is a medical emergency and, if not properly treated, can result in permanent damage to your body. Dehydration also accelerates the progression of heat illnesses. Hydration is the most simple of the preventive steps to stop dehydration. Although the needs of each individual are different, drinking 2 to 3 quarts of water spaced over a day, beginning when you wake up in the morning, is a good recommendation. Thirst is an early warning sign of dehydration, but unfortunately, your mind sometimes misinterprets thirst for hunger. At the first signs of hunger, sip some water. Also, control your alcohol and caffeine consumption, because they help speed the loss of water from your body.

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WATCH FOR THE WARNING SIGNS OF HEAT-RELATED ILLNESS Heat illnesses, resulting from water or salt depletion in the body after exposure to high temperatures and humidity, are a common occurrence on cruise ships in warm weather climates. Certain medical conditions, age (very young or very old), and some medications can make you more susceptible to heat illness. If you are going to a hot climate, check with your doctor about precautions you should be taking in a hot climate, know the symptoms of heat illness, get out of the heat as soon as possible, and take the recommended steps for cooling the body down. Heat illness is progressive, beginning with sometimes mild cramping, intensifying to heat exhaustion (typically under conditions of physical exertion), and finally ending in heat stroke, which is a medical emergency and can damage vital organs including the brain if not addressed promptly.

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Heat exhaustion can result from water depletion or salt depletion. Water depletion is the most common cause because most people get enough salt in their diet. Symptoms of water depletion include excessive thirst, headache, nausea, and weakness. Salt depletion causes nausea and vomiting, muscle weakness, muscle cramps, and dizziness. Heat exhaustion also causes dark-colored urine (due to dehydration), confusion, pale skin, rapid heartbeat, and fatigue. To treat heat exhaustion, drink plenty of fluids (no alcohol or caffeine), even substituting an electrolyte-rich sports drink if advised by your physician during periods of extreme heat and humidity. Remove tight clothing. Take a cool shower, bath, or sponge bath, and cool off using ice towels or fans. One rule of thumb is that if these measures do not help within 15 minutes, seek medical help to reduce the possibility that heat exhaustion progresses to lifethreatening heat stroke. The humidity plays a role in the progression from heat exhaustion to heat stroke. Humidity above 60 percent slows the cooling process, at which point the sweating process slows or stops, rapidly increasing the body core temperature.

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LIMIT SUN EXPOSURE A few common illnesses related to sun and heat that you could experience while on a cruise ship are more common on certain itineraries then others. The chances of overexposure to the sun, for example, are greater in the Caribbean than in the Norwegian Fjords. Too much sun exposure can result in a range of mild to serious issues; some such as sun poisoning require medical attention. When progressed, a few of these conditions are life threatening. Limit your time in the sun, especially during midday; use PABA-free, broad-spectrum sunscreen with an SPF of at least 30 to protect you from both UVA and UVB rays; and know the warning signs for skin overexposure so that you can seek prompt medical attention. Photodermatitis is an abnormal skin reaction to UV rays. You can develop a rash, blisters, scaly and itchy skin, and/or discoloration at the exposed site. If you do not address this condition, it can progress to sun poisoning, characterized by nausea, fever, headache, and dizziness. If your condition progresses to sun poisoning, treat it as a medical emergency and seek immediate attention.

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Polymorphous light eruption (PLE) occurs when the skin becomes sensitized to sunlight. This condition can produce a red rash, including hives and blisters. Although the skin is red, it is not burned. PLE is common in the northern hemisphere in the early Spring as the light becomes more direct and can also develop when you suddenly increase your exposure to daylight, which applies to many of you winter cruisers. Certain medications and other substances can make the effect more pronounced; know which of yours contain a light-sensitivity warning. Treat PLE as you would a normal sunburn. The rash disappears in about 10 days.

WASH YOUR HANDS! Norovirus, which is the most common viral gastroenteritis, spreads via contaminated food and person-to-person contact. Prisons and schools, followed in incidence by health care centers, are the primary sources of outbreaksâ&#x20AC;&#x201D;less than 1 percent of norovirus outbreaks actually occur on cruise ships. However, because of the confined spaces on a ship, the extended period of time people are on board ship, the heavy reporting of cases by the media, and CDC-mandated reporting of outbreaks to the CDC (the CDC must inspect a ship reported as having norovirus before the ship can leave port again), virus outbreaks on ships are big, publicly visible incidents. Thankfully, you can take a few steps to limit your exposure and reduce your chances of getting the bug.

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At a school, the sick children stay home; on a cruise, sick individuals try to get the most they can from the cruise and move around the ship when they should stay in the stateroom. Because you cannot control what other passengers do or where they go, your first line of defense is soap and water. Wash your hands fully before meals; washing them after meals doesnâ&#x20AC;&#x2122;t hurt either.

Although considered a foodborne virus, you are more likely to contract it from the serving line than from the food itself. Alcohol-based sanitizer is a good germ combater over the course of the day but is not as effective as soap and water. Whenever possible, avoid being packed into spaces with other people. Even though the virus is a contact-based illness, recent studies have suggested that the virus can remain airborne for a period of time. If one of your party becomes ill, take extra precautions. Handle soiled clothing with gloves because vomitus has a very high concentration of the virus.

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USE ALCOHOL IN MODERATION Overindulgence on a vacation is common, and overindulgence in alcohol is no exception. However, alcohol poisoning can happen in less than an hour and can be fatal. According to a January 2015 report from the CDC, the United States averages six deaths a day from alcohol poisoning. A British National Health Service (NHS) report in 2014 stated that alcohol poisoning was the reason for over 84,000 admissions to U.K. hospitals in 2013, with almost 4,000 of them being children. A number of deaths related to alcohol occur each year on cruises. Alcohol is a factor in most accidents and crimes on a ship and can contribute to heat illness. The wisest advice is moderation.

Alcohol poisoning occurs when the Blood Alcohol Content (BAC) reaches a tipping point and your body functions start shutting down. The driving under the influence (DUI) level is at .08% BAC and can be reached by ingesting just a few drinks in one hour. At .08%, your judgment is impaired, and it becomes increasingly difficult to concentrate and to understand the effects of the alcohol on your body. Around the .13% BAC level, you are at the â&#x20AC;&#x153;sloppy drunkâ&#x20AC;? stage. You are unable to express yourself in full sentences and lose motor control to a point that prevents you from walking normally. At this BAC level, most people pass out. Scientists peg .25% BAC as the point at which there is the risk of death or permanent injuries, and

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most research places .32% BAC as the point of no return. These are, of course, statistical representations, and each person’s body reacts differently. Death resulting from body organs shutting down has been documented when BAC is as low as 17 percent. The most common scenario ending in death starts with heavy and rapid drinking leading to an individual passing out. As that individual sleeps, his or her body starts metabolizing the alcohol, which in time will lower the BAC. The problem is that the alcohol still in the drinker’s stomach has not been absorbed. If the absorption rate is higher than the metabolic rate, the BAC will continue to rise leading to a life and death situation.

CHECK YOUR HEALTH INSURANCE PLAN REGARDING COVERAGE Providing medical care on board a ship is expensive for a number of reasons. For example, the ships must stock a range of different medicines but often only one or two of each type. Medications have a shelf life, in some cases less than a year, so cruise lines need to price medications to cover the stock that expires. Most healthcare plans do not cover medical service on board a ship, and this alone should be good incentive to be cautious and take care of yourself while on board. Check your insurance policies, and if necessary, purchase additional insurance. You don’t want to get stuck with a huge bill if you can help it.

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ONBOARD MEDICAL FACILITIES: WHAT YOU SHOULD KNOW On a cruise, you are unlikely to have a health crisis such as those described in the preceding sections, but the potential does exist. Cruise ships are stable, but they do move, and people can slip and fall. Some cruise lines attract an older clientele, many of whom can have mobility challenges and use assistive devices such as canes or walkers. Alcohol, as discussed earlier, can be a factor in unfortunate incidents, as can food overindulgence and family stress. People have a higher percentage of cardiac episodes than at any other time of the year during holidays such as New Yearâ&#x20AC;&#x2122;s Eve, Christmas, and the Fourth of July. The conditions that increase the risk of a medical emergency during these holidays are often present on a cruise. Itâ&#x20AC;&#x2122;s important to know what kind of care you can expect, and what kind of care will not be available, on your ship.

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FACILITIES VARY FROM SHIP TO SHIP Over 150 cruise ships around the world follow policies outlined in the Health Care Guidelines for Cruise Ship Medical Facilities. Because so many ships are currently sailing, making a judgment about all medical centers on these ships is irresponsible. You might assume that the medical center on a cruise ship is sophisticated and can handle any emergency. However, these facilities are not hospitals but rather a combination of clinic and emergency care. Some newer, larger ships do have medical centers, and even trauma centers, that rival hospitals in small towns. And some of these ships have more people aboard than live in many small towns! These larger vessels have state-of-the-art facilities that are able to connect to remote specialists. However, some of the smaller ships, such as expedition-type ships, have very limited facilities and staff.

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MOST CRUISE LINES VOLUNTARILY ALIGN CARE STANDARDS WITH THE ACEP The good news is that the cruise line members of Cruise Lines International Association (CLIA), which represents most cruise lines, have voluntarily aligned themselves with American College of Emergency Physicians (ACEP). This is one of the largest medical organizations in the world; they set the standards for emergency care in the United States and they are the certifying board for emergency physicians. The U.S. Department of Health and Human Services (HHS), which includes the United States Public Health Service (USPHS) and the CDC, recognizes physicians who belong to the ACEP as emergency physicians. The ACEP designated a committee that, in cooperation with the cruise lines, created standards of care, including equipment requirements that apply on cruise ships. Minimum staffing levels, required certifications, and pharmacy stocks are also included in these standards. The guidelines provide not only typical clinical services for the passengers and cruise, but also emergency care, and they are scaledâ&#x20AC;&#x201D;although they do not address facilities for major surgery, they do address the stabilization of cardiac cases, an intensive care unit, and some minor surgeries. These standards were updated in 2014 to reflect new laws and technical advancements.

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YOU CAN FIND THEM AT THE FOLLOWING LINK: http://www.acep.org/Physician-Resources/Clinical/PREP---HealthCare-Guidelines-for-Cruise-Ship-Medical-Facilities/

The cruise lines voluntarily follow these guidelines and coordinate with the committee regarding any recommendations for changes and reports on clinic performance. The majority of the CLIA members use only U.S. or Canadian board certified doctors. A few have European doctors on their staff. On some lines, such as Holland America Line, a doctor designated as the crew doctor can be licensed in the Philippines. The college, however, provides no facility inspections because those are an internal function of a cruise line.

CRUISE MEDICAL FACILITIES ARE NOT REGULATED Because hospitals are so heavily supervised by different government agencies, you might assume that the medical centers on cruise ships are also supervised by different government agencies Although both the CDC and the Coast Guard conduct inspections of ships entering U.S. Ports, neither agency regulates the medical clinics on a cruise. The CDC inspects clinics as a part of its sanitary requirements for cruises, which might include reviewing a cruiseâ&#x20AC;&#x2122;s operation in cases where an illness has spread across the ship, but it does not routinely monitor the daily operations of the shipâ&#x20AC;&#x2122;s medical center. Coast Guard inspections verify only that medical services are on board and are following the 2010 U.S. law, the Cruise Vessel Security and Safety Act (CVSSA). The CVSSA requirements for onboard medical care enforced by the Coast Guard have only one focus: the law requires each ship to have a rape exam kit on board and a U.S. certified medical staff member to administer a sexual assault exam. That member of the medical staff can be a Registered Nurse (RN). There are no other mandated government requirements concerning cruise ship medical facilities. In addition, complicating the medical standards further, U.S. courts hold that cruise

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lines cannot be held liable for the care they provide. This rule has been challenged in Federal courts, however, and currently liability lawsuits are in progress against cruise lines.1

Although you will likely be well cared for on a cruise given the industryâ&#x20AC;&#x2122;s voluntary alignment with the ACEP and the nature of typical medical issues arising on a cruise, your care could be expensive, and there is always the slim chance that medical staff wonâ&#x20AC;&#x2122;t be equipped or qualified to manage a serious medical event aboard ship. Your best bet is to be well before go on a cruise and do your best to stay well and safe while you are on one.

SAFETY STANDARDS FOR SHIP OPERATION

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As passengers on a cruise ship, you see little of the full range of safety-related items and protocols incorporated into the shipâ&#x20AC;&#x2122;s design and procedures. You might notice the watertight doors around the ship and participate in a mandatory lifeboat drill. You notice that crewmembers are on station to help you get to your evacuation point and ensure you understand the abandoned ship procedures, but you arenâ&#x20AC;&#x2122;t always aware of everything in place to keep you safe. When high-profile maritime accidents occur, such as the sinking of the RMS Titanic and Costa Concordia, questions surface in the media about the safety of ship design and origin. Many people wonder if cruising is safe. Is ship construction safe? Are passengers properly prepared for an incident? Are crews properly trained? Fortunately, probing questions resulting from each unfortunate event lead the industry to reevaluate and adjust current standards to keep passengers and crew as safe as possible.

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CRUISE INCIDENTS LEAD TO CRUISE STANDARDS: THE SOLAS AGREEMENT We all know that the April 15, 1912, sinking of the RMS Titanic is one of the worst maritime disasters in history. A marvel of modern engineering, the RMS Titanic had the latest improvements in design, including watertight compartments. Considered unsinkable, the RMS Titanic hit an iceberg and sunk in two hours and forty minutes with the loss of 1,517 souls. Although many factors led to the high death toll, the leading factors were the inadequate number of lifeboats and poor emergency training by the crew. The shock of the sinking plus the public demands for many from the influential families on board, called for an in-depth investigation and new regulations. The result was a number of government regulations and the first international treaty on maritime safety. The International Convention for the Safety of Life at Sea (SOLAS)â&#x20AC;&#x201C;1914 was an agreement by five nations, including the U.S. and England, to set standards for safety regarding construction, lifeboats, crew training, and emergency assistance requirements. It has been updated periodically since then as new issues come to light. A main objective is to ensure minimum standards for safe construction and operation. SOLAS also has requirements for man overboard procedures and firefighting. 2

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NEW PASSENGER DRILL GUIDELINES EMERGE: LESSONS FROM THE COSTA CONCORDIA Standards were evaluated and updated again after the sinking of the Italian cruise ship Costa Concordia. On the evening of January 13, 2012, shortly after leaving the Italian port of Civitavecchia, the ship struck a known submerged rock formation known as Scole Rocks on the Giglio Island.3 The captain and bridge crew were ultimately responsible for the accident—there are numerous examples of the crew’s negligence.4 The Italian Coast Guard, assisted by the United States and other nations, conducted an investigation into the accident. The 167-page plus appendix’s report had a range of findings.5 Although it is an over simplification to summarize such a study in a few sentences, a few important findings gleaned from the report illuminate why the accident ended in tragedy.6 The U.S. Coast Guard concluded that although the ship surpassed the U.S. safety laws, passengers who had just boarded the vessel had not had a lifeboat drill. Thus, a hearing on the event held by the U.S. Senate resulted in a procedural change to U.S. law. Both U.S. and Italian regulations stated that a lifeboat drill had to be completed within the first 24 hours of the trip. In the U.S., the law required the drills to be held prior to departure on cruises with a duration of less than a week, but mandated the same 24 hour-period regulation on longer cruises or for those passengers joining the longer cruise in route. Now the regulations state that all passengers—even those joining a cruise—must have the drill prior to leaving port. The industry continues to respond and standards continue to improve, as a January 13, 2014, report released by the Government Accountability Office—on the two-year anniversary of the sinking of the Costa Concordia—shows.

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YOU CAN FIND IT HERE: https://chsdemocrats.house.gov/about/subcommittees.asp?ID=847& SubSection=0&Issue=0&DocumentType=0&PublishDate=0& subcommittee=14

Designing an unsinkable ship is as impossible as the unsinkable Titanic proved, but ships and protocols can be created and revised in response to events to ensure that you have time for a safe rescue if the need arises. What can you do? Pay attention to the lifeboat drills and know the safety protocols. Ask the crew questions if you donâ&#x20AC;&#x2122;t understand them. Keep safety information accessible in case of an emergency.

CRIME AT SEA: RIGHTS AND SAFETY PRACTICES

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Crimes at sea! Newspapers headlines announce cruise crime and lawyers can make their careers on these cases. Members of congress investigate which laws cover such crimes and pledge they will make laws to ensure American citizens are safe on a cruise ship. Likewise, cruise lines tout how safe cruising is compared to other forms of vacation and report all that they do to make sure cruises are a safe family vacation. The truth of crime frequency, the potential for prosecution, and your safety lie somewhere in between these extremes. Still, when it comes to cruise ship crime, even the most vocal opponents have to admit that cruises are one of the safest vacations you can take. New laws to ensure your safety and rights have tempered some of the complaints but not all. You must make your own evaluation regarding whether a cruise is safe for you. It is up to you to take measures to know your rights, control what you can, and take steps to minimize your risk. The tips in this chapter should help you.

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U.S. LAW DOES NOT NECESSARILY APPLY: QUESTIONS OF JURISDICTION In the early days of cruising, retired transatlantic vessels served as cruise liners and generally made point-to-point trips, such as starting in Liverpool and ending New York. These ships carried their nationsâ&#x20AC;&#x2122; flags and proudly. Having the Blue Riband (the record for the fastest westbound transatlantic crossing) was a matter of national pride. The pride of the national flag and the point-to-point itineraries made for a clear understanding of the laws aboard ship. The ship was truly an extension of national sovereignty; therefore, the flag law always applied. The shipmaster had certain authority and responsibilities under the Admiralty law of his flag country. Although private companies owned these ocean liners, the shipmaster was an officer of the court, and the master at arms was typically deputized.7 Admiralty criminal laws were based on crews and not on the current passenger industry.

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The shift from transportation to leisure in the 1970s was positive for cruising in many ways but also resulted in some problems, such as the entrance of flag of convenience, which refers to the country where a ship is registered and the country whose laws apply in international waters.8 Shipmasters are not officers of the courts and cannot waive or claim jurisdiction. In the U.S., except for items that the Constitution reserves for the federal government, the laws of each state are legislated and enforced within the state. Federal laws apply in the entire U.S., but once you are on board a ship, jurisdiction can become difficult to understandâ&#x20AC;&#x201D;jurisdiction questions do not lead to increased crimes, but they can lead to confusion about the crime statistics.

Because of the flag of convenience, requirements regarding who reports crimes at sea and how these crimes are investigated vary. Currently, no trained investigators are on board to evaluate a crime scene that occurs at sea. An FBI report a few years ago stated that of crimes occurring in international waters on cruise ships, there was only an 11 percent conviction rate for murder and a 16 percent conviction rate for sexual assaults.

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THE CRY FOR SAFETY PROTOCOLS: U.S. CRUISE VESSEL SECURITY AND SAFETY ACT (CVSSA) As cruising became more popular, crimes started to rise on board ship. In the 1990s, marketing campaigns targeted young people and emphasized drinking alcohol. A high percentage of these crimes were sexual assault. Cruises downplayed these problems and often tried to ignore them. Trained personnel were seldom available to handle incidents, collect evidence, and preserve crime scenes. Cases were often unprosecuted because of a lack of evidence or confused jurisdiction. When a ship reached port, the perpetrator could walk away, and victims had no recourse, sometimes facing huge medical bills. As the Internet became more popular, between 2000 and 2003, stories describing major missteps by the cruise lines regarding handling of major incidents and treatment of victims appeared online more and more often.

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In 2010, after a huge outcry and a number of hearings in preceding years, Congress passed the U.S. Cruise Vessel Security and Safety Act (CVSSA) into law. Victim rights groups lobbied hard for the bill and the cruise industry generally supported it, disagreeing on only a few points.9 The primary focus of the law addresses sexual assaults and man overboard situations. Following is a quick summary of some key points in the law that help ensure your safety on a cruise. It is important for you to know what your rights are and what you can expect from the crew.

Safety Mandates for Ship Design and Procedures The CVSSA mandated a number of changes to ship designs and procedures to reduce the possibility of man overboard situations, sexual assaults, and other criminal activities on board a ship.

CRUISE LINES ARE REQUIRED TO: ¢ D evelop

a security guide that gives the passenger information

concerning the available medical facilities in an emergency and how to report a crime on board. The guide must also inform the passenger of the situations that the cruise line will be required to forward to U.S. law enforcement and provide instructions regarding how the passenger can contact U.S. law enforcement and other relative hotlines. The current requirements are that the security guide be publicly available on the cruise line’s website. Pending changes to the law require a copy in each stateroom. ¢ E quip

all passenger and crew cabin doors with peepholes or other

means of visual identification, with security latches and time-sensitive key technology. ¢ I nstall

and maintain electronic video surveillance to assist in

documenting crimes and provided as evidence for prosecution. ¢

I mplement procedures and policies concerning that crewmembers can have access to passenger cabins. Ships must contain a restrictive policy as to what time access is permitted. 34

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I nstall automatic man-overboard detection systems.

¢ M ake

video records available to law enforcement, upon request, during

an investigation.

Mandatory Care in Sexual Assault Cases Another portion of the law deals with the actions and responsibilities of the cruise line after a sexual assault happens. Arguably, this section of the law was the most sought after by victim rights groups and lobbied for by previous victims.

T H E L AW R E QU I R E S C RU I S E L I N E S T O : ¢ M aintain

adequate supplies of medication and medical facilities on the

vessel. S P E C I F I C A L LY, T H E Y A R E R E Q U I R E D T O : 1. H ave in-date supplies of anti-retroviral medication and other

medications designed to prevent STDs. 2. M aintain adequate rape kits, including proper equipment and

materials, for performing a rape exam, evaluating the patient

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for trauma, and providing medical care and relevant medical services. 3. M ake available, at all times, medical staff (licensed physician

or RN) who have undergone a credentialing process to handle sexual assault cases. M E DI CA L S TA F F M U S T : ¢ H ave

at least three years of post-graduate/registration

in clinical practice and emergency medicine, be able to provide assistance in the event of a sexual assault, and be able to conduct a rape kit exam. ¢ Meet

guidelines established by the American College

of Emergency Physicians related to the treatment and care of sexual assault victims. ¢ P repare

and provide sexual assault victims with

medical documentation of the exam findings. ¢ P rovide

patients with free and immediate, confidential

access to telephone lines and an Internet-accessible computer terminal. As deemed necessary by the victim, the victim will be encouraged to contact families, private attorneys, local law enforcement, FBI, Coast Guard, Embassy or Consulate, and the National Sexual Assault Hotline program or other third-party victim advocacy hotline service. ¢ E nsure

masters of the vessel treat all information, especially medical

information, confidentially. Information will not be released to the cruise line, owner of a vessel, or any legal representative without the prior knowledge and written approval of the patient or patient’s next of kin.

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E XCE P T IONS TO T HE CON FIDE N T I A LI T Y RULE INCLUDE : 1. Information other than medical findings can be included in a

centralized crime log. 2. Information can be used to secure the safety of passengers or

crew on board the vessel. 3. Information can be provided to law enforcement officials who are

performing official duties in the course of investigation.

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Requirements for Crime Reporting The law has a number of reassuring articles that relate to reporting procedures and record keeping. For example, cruise lines must immediately report serious crimes as determined by the FBI. Additionally, any surveillance video related to a crime must be secured and made available. All vessels are required to keep a centralized logbook of all complaints of crimes. The logbook must be available to any agent of the FBI or Coast Guard, and to law enforcement officials performing official duties in the course of investigation. The law also has a requirement with a worldwide impact. It prohibits cruise lines, even those not entering a U.S. port, from caring for a U.S. citizen unless an onboard crewmember is trained in preserving evidence. The crewmember is to be certified as having successfully completed training in prevention, detection, evidence preservation, and reporting of criminal activities.

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STRATEGIES FOR AVOIDING ASSAULT Cruises have a low crime rate, but they are not crime free. Enjoy your trip, but donâ&#x20AC;&#x2122;t drop your guard and leave yourself vulnerable. Protect yourself on board a ship at sea just as you would protect yourself in your own hometown.

Practice Situational Awareness The victim of a sexual assault is truly a victim, and the attack is never his or her fault. Assault can happen to anyone and can be perpetrated by anyone. (Most cases of sexual assault are passengers against passengers and crew against crew.) However, you can take a few steps to reduce your risk of becoming a target for abuse. Situational awareness is a key. A definition of situational awareness is being aware of what is happening around you so that you can understand how information, events, and your own actions affect your goals and objectives, both now and in the near future. The term can apply to any new environment, even to a disco on a cruise ship. Even a disco can be place for crime if you are unaware. Note also that sex offenders have the legal right to travel, and cruises offer these individuals the freedom to do so.10 Just as you would be careful of this possibility anywhere in the world, be aware of it on your cruise.

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Limit Your Alcohol Alcohol contributes to a lack of situational awareness and is a factor in many cases of sexual assault. After only a few drinks, you can begin losing the ability to concentrate and to react to what is happening around you, and as your BAC reaches and exceeds .08% point, you start to lose the ability for rational thought. When you fail to consider the impact of your decisions, and you have reduced motor skill coordination, you have pretty much lost situational awareness. You might be perfectly willing to engage with a fellow cruiser in a way you never would have if alcohol hadn’t clouded your judgment. The types of situations often fueled by alcohol have the potential to lead to sexual assault.

Don’t Misperceive Your Sense of Safety Situational awareness is also affected by your perceived sense of safety. The “safe” environment of the cruise ship leads many of us to lower our guard in locations on a ship that in an equivalent location at home we would be more cautious about, such as a disco. This perception of safety also extends to children. Parents tend to let their teenage children stay out late and unsupervised on a ship—they suspend established curfews and rules while cruising. Sadly, about 30 percent of sexual assaults happen to minors.

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Beware of the “Love Boat” Effect Sometimes the “Love Boat” effect takes over our judgment. It refers to the intensity of a relationship that we can experience aboard a cruise. Regardless of your gender or sexual orientation, if you are single, you can experience peer pressure and put pressure on yourself to meet someone special on the cruise, and you can become a victim of sexual assault. The first question your friends may ask when you return home is not “Did you have a good time” but rather, “Did you meet someone special?” Off the ship, you probably get to know somebody over time. On a cruise ship, that getting-to-know-you phase is greatly compressed. You might meet someone at dinner, then go to a show together and enjoy some drinks and dancing. The next day, you spend the entire day together in port, followed by a repeat of the previous evening. You might spend the rest of the cruise together, and although you can learn a lot about a person in this way, you will have a harder time getting a handle on personality. Two individuals can have a very different view of where a conversation is going yet think they are on the same wavelength. Remember: You do not really know a person in just a week, even on a cruise ship.

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Talk to Your Kids About Assault Risks Thirty percent of sexual assaults are against minors. In a majority of those cases, the victims are 16 or 17 years of age. The suggestions given in this guide that relate to adults also apply as the best protection for minors, with perhaps even more emphasis on wariness regarding the intensity of cruise relationships. Teens are likely to become a part of a tightknit group, which opens up the possibility for peer pressure. This is especially concerning where alcohol could be a factor. The sexual assault of younger minors, while uncommon, is a great cause of concern. The cruise lines have activity programs for children of different age groups, but the youth center staff should not be fully responsible for your child. Talk to your children at home about the risk of sexual assault and then reinforce those same precautions when your family is in the cruise environment. The cruise ships presents less risk than in the average city, but children must be aware.

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Keep the Peace with Family! From time to time, studies surface from independent research companies about crimes on cruise ships. Most of the research is retrieved from local law enforcement records at the ports of call. According to this research, physical assaults reflect the largest percentage of crimes on board. The majority of assault cases is not only passenger against passenger but surprisingly family members against each other. So, a word of warningâ&#x20AC;&#x201D;do not insult your brother-in-law! Alcohol plays a role in 75 percent of assault cases according to some studies. Excluding cabins of family members, attacks most frequently occur around swimming pools. Situational awareness will help you avoid these types of attacks.

Secure Your Valuables Theft over a $1,000 must be logged and results reported, whereas thefts over $10,000 must be investigated and reported to the FBI, with a possible follow-up investigation by that agency. Theft under $1,000 without violence generally receives only a cursory investigation unless it occurred within a stateroom. The most common location for petty theft is, once again, the swimming pools. You might hide your valuable in a towel and hope no one saw you do it, but all a thief has to do is pick up your towel and walk away with the hidden treasure.

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The easiest way to avoid this? Donâ&#x20AC;&#x2122;t take your valuables with you to the pool. Device junkies might go into withdrawal, but itâ&#x20AC;&#x2122;s better to be safe than sorry. Many people enjoy reading by the pool, and printed books are giving way to tablets and other digital readers. A good strategy is a travel safe. There are different models and features on the market, but all can be attached to a nonmovable object and provide a means of securing your valuables.

THE BUSINESS OF SAILING TO PORTS OF CALL AND THE PERCEPTION OF RISK

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The port of call that a ship is sailing to is a major factor when you decide to go on a cruise. First-time cruisers often select the itinerary first and then select a ship that is sailing to those ports. If you’re a more experienced cruiser, you might consider the ship as the most important element and then select which itinerary is best for you based on where the preferred ship sails. Regardless of how you select your cruise vacation, you might not think past the initial “Cancun sounds nice” phase. For your own safety, it is important you give the decision process a little more consideration.

Every generation in recorded history has probably said the same adage, but the world really isn’t as safe as it once was. When you consider a specific port of call as a possible destination, take a good look at the safety of the area. The cruise lines have security experts who evaluate the risk factors of each port, but you should do your own evaluation. Your level of acceptable risk is personal and the cruise line shouldn’t decide this for you. Perform your initial evaluation before booking your cruise. We know that a cruise line takes the safety of its passengers in port seriously. Troubling events have prompted lines to cancel port calls to Tunisia, Puerto Vallarta, and in 2014, to Roatan—all examples of cruise lines putting passenger safety first.

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CRUISE LINES ASSESS AND MANAGE RISK DIFFERENTLY In May 2015, three cruise lines canceled calls at Puerto Vallarta. Royal Caribbean Cruises Ltd., which owns two of the cruise lines, said the cancellations were made “due to the recent episodes of violent civil unrest, stemming from criminal gangs that have engaged in armed conflict with local authorities.” Disney Cruise Line had a planned call as a part of a repositioning cruise there, and it also canceled. The cruise lines are clearly looking out for your safety, but you should know that different cruise lines view risk differently. Case in point: Carnival also called on Puerto Vallarta the same week and did not cancel the port call. They did cancel a few of the shore excursions but not all of them and not the port call.

Many factors influence these cancellation decisions. Even for cruise lines, there are variations in risk management. Timing also influences the perception of risk— risk for the passenger and risk for the cruise line. For a cruise line, port selection for a new port of call might be a three-year or four-year process. Depending on where you are in the calendar year, you can book your cruise anywhere from 18 to 24 months in advance. Before a cruise line can start advertising and taking

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reservations, the port details need to be confirmed. Contracts for the cruise terminal, shore side services for the ship, immigration details, and a host of other critical decisions need to be made. By the time the itinerary is announced, the cruise line has a large investment at stake. When a cruise line cancels a port, there can be many ramifications for its business. Consider the previous example of Puerto Vallarta. Carnival addressed the cancellation by substituting a day at port with a day at sea, right? Yes, but the line had to refund all the shore excursions, losing their 30 to 50 percent profit on those trips.11 In many cases, to head off bad PR, passengers receive some sort of refund, discount on a future cruise, onboard credit, or maybe all of them. Legally, the cruise line does not need to do any of that if the cruise was underway when the decision was made, but it risks harm to its brand by not reimbursing you in some way. Going on record that a port is unsafe will have a long-term impact on cruiseline booking. Potential guests looking at the port situation will consider booking elsewhere. However, in a case such as Roatan, where cruise lines canceled all port calls, different concerns can arise. Many statesâ&#x20AC;&#x2122; consumer protection laws require cruise lines to allow rebooking without a penalty.

The Influence of Logistics and Laws on Perception of Risk But what about the perfect port of Nassau? Well, no port is perfect. Port calls were canceled in Roatan after a few armed robberies and the murder of a crewmember during a robbery, but Nassau also has a very high incidence of crime, and passengers who shop are increasingly the target. The U.S. and British governments have both issued critical crime notices in 2015. Still, robbery, sexual assaults, and even murder are happening to cruise tourists. Issued government warnings about locations are sometimes vague and apply to a large area, but the warnings against Nassau are more directed. Some cruise lines including Disney Cruise Line provide passengers with a written warning about the crime problems. Other lines donâ&#x20AC;&#x2122;t.

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So, this might leave you wondering why a cruise still calls to a particular port such as Nassau. The message boards show that Nassau is a port at the two extremesâ&#x20AC;&#x201D; you either love it or you hate it. You seldom see a review in the middle. Just as cruise lines base decisions about ports of call based on perceived risk, the cruise lines make decisions about ports of call based on logistical and legal factors as well, even when the crime risk night be high. Nassau is well located as a first day or last day of cruise destination. At about 165 miles from Miami, it is a very easy overnight trip. Also, for a sailing of four days or fewer, it is one of the few places that can be visited from Florida. An old law still in effect called the Jones Act does not allow a foreign-flagged ship to travel between two U.S. ports unless it also travels to a foreign port. So a cruise that starts from Miami and stops at Key West needs a foreign port. Unless a cruise line has its own island (and a few do), simply put, Nassau is the next best thing.

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REVIEW ALL TRAVEL WARNINGS AND EVALUATE DESIRED PORTS Start by reviewing the travel warning webpages issued by different governments. Read the different review sites and check the comments. Review all information about the port, looking not only at comments about the destination but also at the ship, because many people put destination information on the pages that reference the ship. Check the timeliness of the information. Beirut used to be one of the best vacation destinations in the world, a playground of the rich and the famous. Nassau used to have a very low crime rate. In the past, if there were any doubts about travelling to these locations, seeing them via ship excursions were a safe alternative. That is not necessarily true anymore, because passengers on ship excursions also get robbed.

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DOUBLE-CHECK YOUR FACTS When you do your research, try to get additional confirmation. Gather your information from sources that are using different sources than you are. A recent article on the Internet listed the worldâ&#x20AC;&#x2122;s 10 worst cruise ports for safety. Number 4 was Manila. A little fact checking on the article showed the information was not accurate. The first portion of the article concerned the Sulu sea and cited piracy in that area as one reason cruise ships did not visit. The article also mentioned that ships sailing from Australia to Hong Kong bypass Manila to avoid the Sulu sea. The Sulu sea borders the Southwest coast of the Philippines. The problem with the articleâ&#x20AC;&#x2122;s advice is one of geography: to get to Manila, ships sail from South East Asia cross the South China Sea and not the Sulu sea. Most ships sailing from Australia to Hong Kong do pass the Sulu sea. Those ships that do pass it do not come up the east coast and use the Verde Island Passage to head west toward Hong Kong. This is the route that ships use if coming from Micronesia. The Verde Island Passage starts just south of Manila. The rest of the report on Manila mentions the civil unrest in the southern most portion of the Philippines, Mindanao. Agreed that the area is dangerous; it is, however, 900 miles away.

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REEVALUATE YOUR CHOICE PRIOR TO YOUR FINAL PAYMENT AND DEPARTURE Review your evaluation of the ports shortly before your final payment is due, because you will not be penalized for making a booking change before that last due date. During the Baltimore riots in April 2015, the cruise lines saw a rush to cancel cruise sailing within about 90 days, the penalty-free period. Update yourself regarding port information in the days before your cruise. After you are on the cruise, your access to information is limited because of the high cost of Internet services while on board. If at any time you feel that a port is unsafe, you always have the option of staying aboard the ship.

PIRACY AND TERRORISM

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When the word “pirate” is mentioned, the first images that might come to your mind are movies from the 1930s, films like “Treasure Island” and “Blackbeard”—even Disney animation. However, in the real world, piracy, which is motivated by monetary goals, is an ongoing problem and can be a threat to cruise ships, as can be terrorism12, which is motivated by ideology. Although you cannot eliminate these two critical potentialities, you can minimize your risk by doing your homework. Avoid traveling where most piracy and terrorism at sea occurs and pay close attention to safety protocols and protective ship features outlined by your crew. Be reassured that in the cruise lines’ ongoing commitment to your safety, they have responded to these growing threats by implementing a variety of safety measures onboard ship.

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LOCATIONS WHERE MOST PIRACY OCCURS Although piracy can and does happen everywhere in international waters, the majority of the cases are near the Suez Canal, the coast of Africa, and around Indonesia. These areas are not high traffic zones for cruise ships, but those ships on around-the-world trips do have to pass through them.

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ANTIPIRACY MEASURES THAT ENHANCE SHIP SECURITY Holland America Line’s vessel Amsterdam recently sailed the Suez Canal, and her preparations help illustrate some steps that ships have taken. The trip included cancellation of three ports of call in Egypt because of security concerns. Before departing for waters known for piracy, concertina wire (barbed or razor wire, formed in large coils, that can be expanded) was wrapped around the ship. A portion of the

open deck at the stern also had concertina wire to deny entry. Guests were briefed on the antipiracy measures on board and informed that the ship was equipped with many antipiracy features. For example, the Amsterdam’s first open deck is high up from the water level, making it a long climb for anyone trying to get on board. Fire hoses are strategically located around the ship to aid in firefighting efforts, and these hoses can be aimed at anyone attempting to climb on deck. The ship itself it also fast with a cruising speed of 20 knots and a top speed of 26 knots, so it’s difficult to catch and even more difficult to secure a line on for attempted boarding.

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Passengers were given instructions regarding where to go in case an alarm was raised, and told to stay away from windows and to sit on the floor. The crew explained that if necessary, the vessel could make sharp turns, and anyone standing—or even lying in bed—could be thrown around. Although Danish law (ship’s flag) prohibits the carrying of firearms on board, the ship has acoustic hailing and warning devices. These devices, also called Long Range Acoustic Devices or sonic cannons, send a focused beam of sound waves that can cause pain at long distances and even knock someone unconscious at closer range. The sonic cannons have become mandatory on ships sailing in certain waters.

Radar is used to track nearby traffic. Security officers using high-power optics and night vision devices keep watch, and security cameras are monitored. The ship maintains contact with the United Kingdom Maritime Trade Organization, who acts as the point of coordination between commercial vessels and the multinational antipiracy task force that has warships and aircraft in the area. 57

DOING YOUR HOMEWORK IS YOUR BEST INSURANCE!

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A guide describing cruise safety precautions and protocols necessarily requires the discussion of why such measures are necessary. This information can be alarming to read about because you’re understandably in a vacation mindset, and you might imagine nothing can go wrong. Many people mistake a cruise ship for a protective bubble.

Our best advice to you? Use common sense. Do your homework. Taking a little time to consider the “what ifs” can mean the difference between an ordeal and the vacation of a lifetime. Determine your own acceptable level of risk. We provide statistics and possible scenarios in this guide so that you can ask the kinds of questions and do the kind of research that will inform how you want to sail, where you want to sail, and with which cruise line you want to sail. Cruise safety and sophistication is improving all the time. We still believe it offers travelers an excellent vacation.

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Reading tips and tricks from experienced cruisers and cruise exerts can boost your travel expertise and assist you with travel decisions. The team writing for our Cruise Safely website (http://cruisesafely.com) sifts through copious cruiserelated information to offer current, valuable information and advice that takes the guesswork out of your trip decisions. Subscribing to Cruise Safely is one of the easiest steps you can take toward a wonderful vacation and an inexpensive investment that really pays off.

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ENDNOTES 1. Because of the lack of government oversight, the topic of cruise ship medical centers is a complicated one. Some ships might have only one doctor and one nurse, whereas other, newer vessels can accommodate five doctors and eight nurses plus a range of medical technicians. The lack of oversight and industry standards extend to technology as well. Some modern medical equipment can share results in real time with shore-based medical facilities. Regarding how medical personnel are classified, sometimes they are considered to be independent contractors and charge what they want, and cruise lines are not responsible for their actions. However, recruitment information for different cruise lines reveals a discussion of salaries, shift rotations, and promotionsâ&#x20AC;&#x201D; topics typically applying to employees, not independent contractors. As of 2015, the Royal Caribbean Cruise lines website discusses the advanced technology of the medical center on each ship and the way that center can communicate to its central facility, which manages each individual medical center. This is an example of how medical center staff operates as employees, not independent contractors. Disney Cruise Line, however, does use independent contractors and has a medical management company manage the medical centers. Only time will tell how medical provisions on cruise lines will evolve and whether they will become standardized. 2. The outbreak of WWI shifted attention away from the convention, however, and it never came into effect. In 1948, under the newly established United Nations, an updated version of the convention was adapted, the International

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Convention for the Safety of Life at Sea of 1948. At the same time, the UN member states approved the International Maritime Organization (IMO). The IMO became a specialized agency of the United Nations in 1958, responsible for measures to improve the safety and security of international shipping and to prevent pollution from ships. The IMO currently has 170 member states who have agreed to adhere to the agencyâ&#x20AC;&#x2122;s conventions. Most of the member states adapted the rules into their national laws. The member states meet every other year for an assembly. The Council, which comprises 40 Member States elected by the Assembly, acts as governing body in between assembly sessions. The council overseas the budget and operational aspects of the IMO and control the subcommittees. The sinking of the Titanic also prompted other requirements such as the 1914 U.S. law requiring the use of wireless radios. In 1974, the SOLAS was completely revised to reflect the major changes in the marine industry. This revision contains the last major change. The 1974 agreement introduced the concept of tacit acceptance. Prior to this change, an amendment to the convention had to be approved either by two-thirds of the member nations or by member nations representing over 50 percent of merchant tonnage. This process took a long time. Under the tacit acceptance rule, an amendment is given an effective date 18 to 24 months in the future. A member state is considered to have accepted the amendment unless the state notifies the IMO of its disapproval. You might also see a mention of a 1988 version of the SOLAS. In that year, the IMO removed Morse code as the mandatory emergency means of communications and replaced it with a new system. The IMO website (http://www.imo.org/About/Conventions/ListOfConventions/ Pages/International-Convention-for-the-Safety-of-Life-at-Sea-(SOLAS),-1974.

aspx) tells us: The main objective of the SOLAS convention is to specify minimum standards for the construction, equipment, and operation of ships, compatible with their safety. Flag states are responsible for ensuring that ships

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under their flag comply with its requirements, and a number of certificates are prescribed in the convention as proof that this has been done. Control provisions also allow contracting governments to inspect ships of other contracting states if there are clear grounds for believing that the ship and its equipment do not substantially comply with the requirements of the convention. This procedure is known as port state control. The current SOLAS convention includes articles setting out general obligations, amendment procedures, and so on, followed by an annex divided into 12 chapters. The annexes are the meat and potatoes of the convention—they define ship categories and mandate safety standards. These rules also allow that a ship built for one flag can be transferred to another flag if the ship is sold or otherwise reflagged. Member states can add requirements in their international laws, but most of the member countries make few modifications. 3. The impact opened a long 52-meter gash in the ship’s hull, covering an area of five watertight compartments. Most of the ship’s critical systems were adjacent to the impact area; many of the backup systems were likewise exposed. Power was lost almost at impact, and within minutes, the compartments with critical systems were flooded. 4. The ship was off course at the captain’s direction, the bridge was not using the properly scaled map when leaving port, nobody corrected the captain nor gave a warning that the ship was approaching the rocks, and even after impact and with five compartments flooded, the captain did not notify the passengers or general crew of the problem. Passengers were told only that the power was out and that it would be restored shortly. Reports to the ship’s headquarters stated only that the ship had encountered a problem and that the problem was under control. People on shore notified the Coast Guard, but the ship’s captain initially denied a problem existed. It was the Coast Guard who later demanded the abandon ship decision.

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5. The board made a number of recommendations; the most significant five were added to the convention after the ship was built and applied to newly built ships. A few others have been added to the convention since. 6. The damage to the watertight compartments exceeded the “return to port” parameters; ships damaged less than the stated parameters are expected to remain afloat long enough to return to a port. With five compartments flooded, there was a high probability that the ship would sink. SOLAS guidelines require that a ship’s design and training procedures ensure a ship can be routinely evacuated within 30 minutes. This report found that had the captain indicated an abandon ship procedure earlier, evacuation would have proceeded without mishap. Because of the delay, many of the lifeboats became unusable, and about one quarter of the passengers were rescued by lifeboats and Coast Guard rescue boats. The ship was found to be in full compliance with the laws of Italy, which matches the SOLAS. Human errors were primarily responsible for the accident. 7. A U.S. code (18 U.S. Code Section 7 dating back to 1940 with similar laws dating back to 1798) provides for jurisdiction in certain cases. Quoting the law: “When an offense is committed by or against a U.S. national in a place outside the jurisdiction of any country, and cover foreign vessels that have a United States arrival or departure port.” A clause of the law stated that this does not apply if another nation claims jurisdiction. 8. In the early 1970s, cruise lines were formed to create cruises as a vacation package. These cruise ships were mostly retired transoceanic vessels that lost their market to the new jet planes. They touted luxurious service while going to exotic ports of calls. The RCI’s Song of Norway is generally considered the first ship built for the leisure market, however, it still followed the transoceanic designs of the 1970s. About eight ships were sailing at that time, each carrying fewer than 1,000 passengers. Combined, these ships carried about the same number of passengers as the Allure of the Seas lone. Cruising as we know it today really started in the early 1980s. In 1982, Carnivale built the

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Tropicaleâ&#x20AC;&#x201D;the first ship custom designed for a leisure market, a combination of transportation and destination. 9. Even though victim rights groups pushed hard to get the billed past, many are feeling betrayed by the billâ&#x20AC;&#x2122;s content. For example, a requirement of the bill states that crime statistics be publicly available, and the Coast Guard website publishes the crime stats from the FBI. Many of these groups feel that the information posted gives a distorted view of how safe a cruise line is because reports show only closed cases and only serious crimes. It does not show reported cases that were not investigated nor does it show open cases. In addition, information is based only on the serious crimes that are required to be reported to the FBI. Some cruise lines are posting their own crime statistics, which show a much higher rate than the Coast Guard/FBI site. However, these statistics are based on accusations, founded or unfounded, reported to the cruise line. Although these reported numbers are higher, the crime rate is significantly lower than crime in a city of comparative size. Of all serious crimes reported, the largest number of cases are sexual assaults, constituting about 30 percent. Cruise lines maintained that crimes were very low and sexual assaults rarely happened. Lawsuits started hitting the news wires about the way cruise lines conducted investigations and treated victims. The cruise lines maintained their stands but did start banishing from sailing those individuals under 21 who were not traveling with family members. 10. You can know where sex offenders live because of a federal database, but you cannot know where they vacation. If they follow the proper notification procedures, they are able to leave the country, including travelling on a cruise. However, they must notify the government before traveling. The U.S. is then required to pass the travel plans on to any countries the individual is planning to visit. When the individuals arrive in that country, immigration can deny them entry. On a cruise ship, if they are denied entry, they must stay on board.

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11. About a year before the first call, the cruise line starts working with local tour agencies to establish the tours to be offered. This, however, is not a large expense for the cruise line because the tours are independent contractors and the cruise does not have to make the commitment until 12 to 18 hours before making the port call. 12. On October 7, 1985, the Italian cruise ship MS Achille Lauro was hijacked by four members of the Palestine Liberation Front (PLF). At the time, the ship was sailing off the coast of Egypt headed toward Israel. The original plan was to quietly take over the ship and use it as an attack platform when it reached the Israel port. There are different versions of what went wrong. However, the surprise attack against the ship was discovered and authorities were notified. The terrorists then took over the ship and turned it into a hostage situation. They demanded Israel release 50 Palestinian prisoners. Leon Klinghoffer, an American, was killed by the terrorist and his body dumped overboard. It has been said that single act did a great deal of damage to the PLO, turning neutral and even some friendly governments against them. In 2011, German authorities were interrogating a traveler entering Berlin who was on a terrorism watch list. When searching him, micro memory cards were found hidden on his body. After months of investigations, hidden files were found within videos on the memory cards. The files were Al Qaeda documents; some were training manuals and others were strategic planning documents. One plan discussed hijacking cruise ships and executing passengers until demands were met. More recently, authorities are concerned that ISIS would also attempt such an attack. One reason a cruise ship an attractive target for this group is the low percentage of Muslims on board. Collateral damage of killing Muslims has haunted Al Qaeda in some of their operations, such as the Embassy bombing in Africa. In 2006, the RAND Corporation, a nonprofit think tank, researched the issue of maritime terrorism. A portion of the report addressed cruise ships. The RAND Center for Terrorism Risk Management Policy issued the Maritime Terrorism:

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Risk and Liability report, which grouped cruise ship risk into the following categories: ¢ H ijacking

of a cruise ship and its passengers: similar to the Achille

Lauro attack and the type described in the al Qaeda documents. ¢ Sinking

a ship using a boat-borne IED: similar to the USS Cole and M/V

Limburg (a French oil tanker). attacks. These ships were rammed by small boats loaded with explosives. Many experts express that while this is a potential attack method, it unlikely to sink a ship or cause massive causalities. ¢

Sinking a ship with a submersible parasitic device: though never detected or attempted against a cruise ship, in this scenario, divers would place a high-explosive device on the hull of a ship in an effort to sink the vessel.

¢ B ombing

on board a ship: a suicide bomber boards a ship and detonates

a bomb in an effort to kill or injure passengers. ¢ Standoff

attack on ship using heavy artillery: similar to the pirate attack

on the Seabourn Spirit in 2005, perpetrators attack a ship from land or boat using grenade launchers, mortars, or shoulder-fired missiles in an effort to kill or injure passengers. ¢

Biological attack on a ship’s food or water supply: with anticipated consequences similar to the cruise ship virus outbreaks, terrorists contaminate a ship’s food or water supply with a biological weapon.

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