To prevent cruise-related consumer disputes and strengthen the protection of consumer rights, the Ministry of Transportation and Communications, in accordance with Article 17 of the Consumer Protection Act, has proclaimed the "Mandatory and Prohibitory Provisions of Standard Contracts for Cruise Ticket Service."
Key provisions are as follows:
I.Scope of application:
These regulations apply to cruise operators that primarily target Taiwan as their customer base and operate from Taiwanese ports. The contractual parties are cruise operators and passengers.
II.Cruise ticket service fees and payment methods:
(I)The contract shall specify the total cruise ticket service fees, including voyage fare, cabin fare, dining package fee, and relevant statutory administrative fees paid on the passenger’s behalf.
(II)The contract shall specify the deposit payable by the passenger and payment method at the time of signing, as well as the amount, payment period, and payment method for the remaining balance.
III.Contract modification:
(I)If a passenger is unable to board the cruise before the commencement of the voyage, a third party may substitute for the passenger. The cruise operator shall not refuse without a valid reason and shall disclose the relevant fees in advance.
(II)Cruise operators shall not arbitrarily modify the agreed-upon cruise ticket services except in cases of force majeure or reasons not attributable to them, unless otherwise agreed upon by the passengers.
IV.Discretionary contract termination by passengers and voyage cancellation attribute to the cruise operator:
(I)If a passenger terminates their contract before the commencement of their voyage, the passenger shall pay a cancellation fee based on the duration between receipt of notice and the scheduled commencement of the voyage, in accordance with the prescribed standards.
(II)If a voyage is cancelled before commencement due to reasons attributable to the cruise operator, the cruise operator shall refund the full amount of cruise ticket service fees already paid by the passengers, and shall calculate the compensation to the passengers based on prescribed standards according to when the cancellation notice was delivered. The cruise operator may propose alternatives favorable to passengers after a voyage is cancelled. If the passengers agree to such alternatives, the compensation provisions may not apply.
V.Voyage delays:
If a voyage fails to proceed as agreed due to reasons attributable to the cruise operator, passengers may claim compensation on a daily basis for the loss of their time. The daily compensation amount shall be calculated by dividing the total cruise ticket service fee by the number of days of the voyage. If the passengers suffer other damages, they may claim compensation separately.
VI.Information disclosure and fee refunds due to force majeure or reasons not attributable to the cruise operator:
(I)In case of force majeure or other reasons not attributable to the cruise operator occurring before the commencement of the voyage, the cruise operator shall immediately issue a public notice and proactively inform passengers of the arrangements and relevant information regarding voyage cancellation, rescheduling, or changes.
(II)During a voyage, the cruise operator shall proactively inform passengers of relevant arrangements and information, and provide necessary communication, meals, accommodation, and transportation services as needed.Any additional expenses arising from changes in the voyage shall not be charged to passengers, whereas any cost savings shall be refunded to passengers.
VII.The contract shall not state cruise ticket voyage, price, catering, and other service contents as "for reference only."Furthermore, no disguised or extra charges shall be imposed in addition to the total agreed cruise ticket service fees in any other manner.