MAY 2017 • FOGHORN 23 LEGAL Increased sales through our multiple low to no cost marketing plans. Decreased operating cost by eliminating redundancy and automating workflow for better efficiency. Flexible management tools to give you the ultimate control over your sales and operations. DESTINATION MANAGER THE COMPLETE SALES AND MANAGEMENT SYSTEM www.vts-no.com Formally Virtual Ticketer No Risk Free Trial Tim Eversole Director of Sales and Support teversole@vts-no.com Tel: (504) 840-9800 X 113 Toll Free: (877) 265-3521 X 113 Cell: (859) 652-9885 YOUR COMPLETE TICKETING SOLUTION. Michael Brydon Director of Sales and Support mbrydon@vts-no.com Tel: (504) 840-9800 X 101 Toll Free: (877) 265-3521 X 101 Cell: (504) 914-7334 Gordon Stevens, President & CEO, New Orleans Steamboat Company, Gray Line Tours “We have been using the Virtual Ticketer for six years, and have been extremely pleased with the product, software and service. We give this reservation system our very highest recommendation.” ................................................................................................. Hugh Mackenzie, General Manager, hmac@ktic.ca, Kingston 1000 Islands Cruises and Trolley “The advantage with Ticketer is that it’s ‘client’ based. This allows us to provide a customer multiple events, packages or services all under one reservation which has contributed to our success.” ......................................................................................... Rose M. Christian, Treasurer, Native Son Ferry “The Virtual Ticketer has increased our revenues with new sales capabilities and has helped us better manage our company by streamlining our operations.” Increased sales through our multiple low to no cost marketing plans. Decreased operating cost by eliminating redundancy and automating workflow for better efficiency. Flexible management tools to give you the ultimate control over your sales and operations. DESTINATION MANAGER THE COMPLETE SALES AND MANAGEMENT SYSTEM www.vts-no.com Formally Virtual Ticketer No Risk Free Trial Tim Eversole Director of Sales and Support teversole@vts-no.com Tel: (504) 840-9800 X 113 Toll Free: (877) 265-3521 X 113 Cell: (859) 652-9885 YOUR COMPLETE TICKETING SOLUTION. THE VIRTUAL TICKETER employment directive, the maritime statute appears absolute. With this in mind, vessel owners must be vigilant in who they hire and how they train. Likewise, an employee engaging in activities, which may prove unsafe for passengers should be the target of ter- mination sooner, rather than later. Some vessel owners may have a feeling of security because most good marine insurance policies provide a level of protection against claims arising from negligent acts by the crew. This may be a faint and short-lived security as in the long run high risk owners are recognized by the insurance industry, and high risk experience translates into future premiums. Further, any company which has experienced the demands of litigation will readily ac- knowledge the time and diversion from a company’s mission spent in defending legal actions, not to mention the moral obligation to maintain for the public the safest marine environment oversight possible. There are some exposures, however, that a vessel owner can limit by contract or ticket language. Vessel owners can, and should, limit contract liability by provisions in their tickets, charter contracts or marine terms of convey- ance (I recommend all vessel owners have a comprehensive document “Terms of Conveyance” available on their web site and referenced in every ticket and cruise contract), which limit special damages and exposure for emotional damages caused by a breach of contract, such as a failure to sail due to engine malfunction. By example, the wedding party, complete with band, caterer and flowers is on the dock, and both engines are down. A vessel owner can usually limit the available claims against it to only the price of the charter, and disclaim any liability for additional special damages, emotional distress or punitive damages, as may well be threatened or pursued by the angry father of the bride…but only if the charter documents contain an express disclaimer limiting contract breach damages. n About the Author Steven E. Bers, Esq., is Chairman of the Maritime and Employment Law Sections of the law firm of Whiteford Taylor & Preston, Baltimore/Washington, D.C. He serves as PVA’s General Counsel, advising passenger vessel owners relating to marine and employment matters. He may be contacted at 410-347-8724, or sbers@wtplaw.com.