Liabilty re shuttle from hotel to cruise port

Question

My wife and I took the shuttle to the Miami cruise port, provided by Comfort Suites Miami Airport North. The shuttle driver unloaded our luggage at the wrong terminal (Carnival), so we went on the 9-day Norwegian cruise with just our backpacks, and had to replenish essentials by making purchases on the ship and at ports of call.

The driver was grossly negligent, unloading our luggage at the Carnival Cruise terminal when our luggage was in the Norwegian compartment in the cargo area of the bus and did not have any Carnival tags. He was also grossly irresponsible, driving away from the Carnival terminal without ensuring that all the bags he unloaded were picked up by passengers exiting his bus.

The general manager of the hotel refused our claim for compensation, saying that the shuttle company was an independent contractor, ignoring the facts that :

1. The hotel arranged for the shuttle service

2. The hotel offered the complimentary shuttle service as an inducement for us to stay at the hotel

3. In two pre-visit communications to me about the shuttle service to the Port of Miami, the hotel did not include any disclaimer of liability for problems related to the shuttle

4. I was never asked to sign a waiver for using the shuttle service

5. The shuttle company’s official principal address registered with the government is actually the hotel address

I would appreciate your opinion whether the hotel should be held responsible and pay my claim (and then recover the amount from their liability insurer or the shuttle company, if they wish).

The claim is only about $500 since we eventually got our luggage back from Carnival after we returned home.

Answer

From the details you’ve provided, it seems reasonable to consider that the hotel may bear some responsibility for the mishandling of your luggage, even though the shuttle was operated by an independent contractor. Several factors support this viewpoint.

First, the hotel arranged and promoted the shuttle service as a complimentary amenity for guests. Courts often consider a business liable for services it provides or advertises to customers, even if an independent contractor is involved, particularly when the service is integral to the guest’s stay.

Second, you were not asked to sign a waiver or presented with any disclaimer limiting the hotel’s liability. Without such a disclaimer, the hotel could be seen as assuming responsibility for the safety and proper execution of the shuttle service.

Third, the shuttle company’s registered principal address being the hotel’s address could indicate a close operational relationship. This may support an argument that the shuttle is effectively an extension of the hotel’s services, rather than a fully independent entity.

The hotel arranged the shuttle and represented it as part of their service, which could create a duty of care toward guests using it.
The lack of any liability disclaimer or waiver reinforces the expectation that the hotel would ensure safe and accurate service.
The driver’s negligence (unloading luggage at the wrong terminal and leaving without verifying pickup) is clearly the proximate cause of your inconvenience and expense.

In practical terms, given that the claim is relatively small ($500), pursuing it directly with the hotel (via their management or customer service escalation) might be effective. Framing it as reimbursement for a service they arranged but failed to properly deliver could strengthen your case. If the hotel refuses, they may have recourse against their shuttle provider or insurance, but your primary claim is against the hotel as the provider of the service.

It’s also reasonable to document your communications, receipts for expenses incurred, and the timeline of the mishap. If necessary, a formal demand letter citing these facts may prompt the hotel to compensate you without needing legal action.

Overall, while the shuttle was technically operated by an independent contractor, the hotel’s role in arranging, advertising, and controlling the service likely creates at least partial liability for the mishandling of your luggage.