Chan

Defendants Society Expeditions (“Society”) and Discoverer Reederei GmbH (“Discoverer”) appeal the district court’s ruling that they are liable for injuries Plaintiffs Benny and Samantha Chan sustained when an inflatable raft on which they were ferried from a cruise ship to shore capsized in the South Pacific. The Chans cross-appeal the district court’s dismissal of their action in rem against the cruise ship WORLD DISCOVERER and the court’s ruling that Liberian law, the law of the ship’s flag, applies to limit their recoverable damages.

This appeal forces us to consider the obligations and duties that arise from a contract of carriage embodied in a cruise ship passenger ticket. We must also determine the enforceability of terms drafted by the carrier and contained in the ticket. We affirm in part, reverse in part, and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

Benny and Victoria Chan booked passage for themselves and their seven-year-old daughter, Samantha, on the cruise ship, WORLD DISCOVERER. The ship is operated by Discoverer Reederei, a German company. Benny Chan’s employer, Society Expeditions, Inc., a Washington corporation which is in the business of…