Carnival Pays Out $2.4 Million Settlement To Passengers Following Cyclone

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A group of nearly 1,500 cruise passengers who endured a terrifying voyage aboard P&O Cruises Australia’s Pacific Aria in May 2017 have won a $2.4 million settlement in a class-action lawsuit against Carnival Corporation.

Celestyal Cruise
The former Pacific Aria

The lawsuit, led by Debrah Jackson, accused the cruise line of knowingly sailing into the path of Cyclone Donna without offering guests the option to cancel or reschedule their trip.

On 27th February 2024, Justice Roger Derrington of the Brisbane Federal Court approved the settlement, marking a significant victory for the affected passengers.

The Pacific Aria, a 55,819-gross-ton vessel, set sail from Brisbane, Australia, on 5th May 2017, for a 7-night cruise to New Caledonia, with planned stops in Noumea, Lifou Island, and Port Vila.

However, Cyclone Donna had already begun forming in the South Pacific on 29th April, and by 3rd May, it had intensified to a Category 1 storm.

Two days later, as the cruise departed, Carnival Corporation maintained that the voyage could proceed safely.

But by 7th May, the storm had escalated into a Category 4 cyclone, with 145 mph winds and waves reaching 20 to 23 feet near Vanuatu and New Caledonia.

Instead of visiting tropical islands, passengers found themselves stuck at sea, navigating massive swells.

When the ship reached Noumea, the island was already on lockdown due to the storm.

The remaining port stops were cancelled, leaving guests trapped onboard in brutal conditions.

Reports from passengers described:

  • Severe ship listing for over an hour.
  • Furniture and tables sliding across rooms.
  • Flooding in some cabins and corridors.
  • Extreme seasickness, forcing guests to remain in their staterooms

Legal battle ends with compensation for passengers

Jackson filed the lawsuit in 2023, claiming that Carnival Corporation knew or should have known about Cyclone Donna and failed to act responsibly.

The cruise line denied any wrongdoing, citing its booking terms, which state that itineraries can change due to weather or unforeseen circumstances.

However, rather than engaging in a prolonged legal battle, the company opted to settle.

As part of the $2.4 million agreement, each affected passenger will receive:

  • $944 AUD (the median cruise fare paid).
  • An additional $900 AUD in compensation.
  • Lead plaintiff Debrah Jackson will receive an extra $2,000 AUD for initiating the case.

In total, $1.2 million AUD will go directly to passengers, while legal fees are capped at $1 million AUD.

Justice Derrington acknowledged that the cruise “was not as desired” and that it “became a rather unpleasant experience.”

This case is not the first time passengers have taken a cruise line to court over extreme weather incidents.

In January 2018, a Norwegian Breakaway cruise from the Bahamas to New York sailed into a bomb cyclone, leaving passengers fearing for their lives as the ship endured severe flooding and massive swells.

That lawsuit, involving nearly 200 guests, remains ongoing.

For now, however, passengers of the Pacific Aria voyage can finally put their legal battle behind them, even if they’ll never forget their “cruise from hell.”

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