Hantavirus outbreak on Antarctic cruise: Can passengers sue the operator?

According to the World Health Organization, nine cases had been reported as of Monday, with three deaths linked to the outbreak.

Authorities are still investigating how the virus entered the ship.

Can passengers sue the cruise operator?

Reuters reported that Oceanwide’s terms and conditions state the company cannot be held liable for incidents ranging from illness and death to theft or lost luggage.

However, Dutch legal experts said such broad liability waivers may not fully protect the company if passengers can prove “gross negligence” or reckless conduct.

Under Dutch law, this would require evidence that the company knowingly ignored serious risks — such as failing to follow infection-control measures or disregarding warnings from health authorities.

So far, there have been no public allegations of misconduct against the crew. Some passengers have reportedly praised the ship staff for their handling of the crisis.

Which country’s laws would apply?

The cruise operator’s ticket conditions reportedly specify that lawsuits must be filed in the District Court of Middelburg in the Netherlands.

Legal experts told Reuters that courts in countries such as the United States generally uphold such jurisdiction clauses, meaning cases filed elsewhere could be dismissed.

Passengers could still challenge the company’s liability waivers under European Union consumer protection laws, arguing the terms unfairly favour the operator.

What about families of deceased passengers?

Relatives of passengers who died could also pursue legal claims. But they would likely face the same challenge of proving gross negligence or recklessness by the operator.

Reuters noted that there is little Dutch legal precedent involving cruise ship outbreaks. Similar lawsuits filed against cruise companies during the COVID-19 pandemic in the United States were often dismissed because plaintiffs struggled to directly link operators to infections.