Cruise Ticket Contract
IMPORTANT NOTICE TO GUESTS
THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY MARGARITAVILLE AT SEA® TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS BELOW.
THIS CONTRACT CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS. IT IS IMPORTANT THAT YOU CAREFULLY READ ALL TERMS OF THIS CONTRACT.
THE GUEST’S ATTENTION IS SPECIFICALLY DIRECTED TO SECTIONS 3, 5, 7-10 AND 12, WHICH CONTAIN IMPORTANT LIMITATIONS ON THE GUEST’S RIGHT TO ASSERT LEGAL CLAIMS AGAINST MARGARITAVILLE AT SEA, THE VESSEL, THEIR AGENTS AND EMPLOYEES, AND OTHERS, INCLUDING FORUM SELECTION, CHOICE OF LAW, TIME LIMITATIONS FOR FILING SUIT, ARBITRATION, WAIVER OF JURY TRIAL FOR CERTAIN CLAIMS, AND CLASS ACTION WAIVER.
THE ATTENTION OF GUEST IS ALSO SPECIFICALLY DIRECTED TO SECTIONS 1, 3, 5-6, 8 AND 12-13, AND THE INFORMATION AVAILABLE AT CARRIER’S WEBSITE AT WWW.MARGARITAVILLEATSEA.COM, WHICH CONTAIN IMPORTANT TERMS, CONDITIONS, POLICIES, PROCEDURES AND REQUIREMENTS RELATED TO PUBLIC HEALTH, SPECIFICALLY INCLUDING COVID-19.
THE GUEST’S ACCEPTANCE OR USE OF THIS CRUISE TICKET CONTRACT SHALL CONSTITUTE THE AGREEMENT OF GUEST TO THE TERMS AND CONDITIONS BELOW.
In consideration of the receipt of the full cruise fare and/or boarding and lodging on the Vessel to which this Cruise Ticket Contract applies, Margaritaville at Sea® and Guest agree that the cruise is subject to the following terms and conditions:
This Cruise Ticket Contract describes the terms and conditions that apply to the relationship between the Guest (as defined in Section 2(d) below) and the Carrier (as defined in Section 2(b) below) relative to the Cruise covered by this Contract. Guests are advised to carefully read the terms and conditions of this Contract set forth below. In addition, Carrier’s Public Health Policies and Procedures, including those relating to COVID-19 are described generally in Section 5 below and elsewhere herein. Carrier reserves the right to change or modify these policies as required by governmental agencies, health authorities in the U.S. and the destinations visited and for health and safety reasons without notice to Guest. Carrier’s Public Health Policies and Procedures will be updated as needed and are available at www.margaritavilleatsea.com (“Website” as defined in Section 2(i) below). In the event of any conflict between the Public Health Policies and Procedures described herein and those described on Carrier’s Website, the Website policies and procedures shall prevail.
2. DEFINITIONS AND SCOPE OF THE CONTRACT
(a) “Baggage” means suitcases, valises, satchels, bags, hangers or bundles and their contents consisting of such wearing apparel, articles of personal adornment, toilet articles and similar personal effects as are necessary and appropriate for the purpose of the Cruise and all other such personal property of the Guest not in a container.
(b) “Carrier” means: (i) the Vessel or any substituted vessels; its launches, tenders or crafts, and (ii) the Vessel’s owners, operators, managers and charterers. The exclusions and limitations of liability of Carrier set forth in the provisions of this Contract, as well as all rights, defenses and immunities set forth herein, shall also apply to and be for the benefit of certain designated third party beneficiaries which include the parent, subsidiary, affiliate, and successor companies and assigns of all the entities identified in this Section; the officers, directors, employees, agents, crew and pilots of all the entities identified in this Section, and any agents, independent contractors, and all concessionaires, physicians and medical personnel, retail shop personnel, health and beauty staff, fitness staff, shore excursion providers, tour operators, shipbuilders, manufacturers and designers of the Vessel or Transport, and/or installers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to the Vessel or any substituted vessel or Transport, or owned or operated by its owners, operators, managers, agents, charterers, contractors, concessionaires or others.
(c) “Contract” means the terms and conditions in this Cruise Ticket Contract together with the Cruise and Cruise Fare due for your Cruise all of which constitute a contract between Guest and Carrier.
(d) “Guest” means all person(s) travelling under this Contract and Guests in their care, including any accompanying minors, and any of their heirs, representatives and assigns.
(e) “Cruise” means the specific cruise covered by this Contract, on the Vessel named herein, as the same may be modified and shall include those periods during which the Guest is embarking or disembarking the Vessel and those periods when the Guest is on land while the Vessel is in port.
(f) “Cruise Fare” means the amount paid for the Cruise, whether such amounts are owing and/or have been paid by the Guest, which includes transportation on the Vessel named herein, full board, ordinary Vessel food, tap water, juices, regular and decaffeinated coffee, assorted teas and milk, but does not include specialty food, beer, wine, spirits, sodas, carbonated beverages or mineral waters, nor amounts due for other products or personal services such as shore excursions, photographs, gratuities, service charges, salon and spa services, dining in specialty restaurants, telephone calls, internet services, or any other incidental charge or expense including charges for any medical services received onboard which can be purchased separately. The Cruise Fare shall be deemed to be earned when paid and not refundable except as stated on Carrier’s Website as applicable to the Voyage and as provided in Section 18 herein.
(g) “Operator” means Classica Cruise Operator Ltd. operating under license as Margaritaville at Sea.
(h) “Travel Agent” means a person, persons or entity engaged in selling and arranging transportation, accommodations, tours, or trips for travelers.
(i) “Vessel” means the Vessel, owned, chartered or operated by Operator on which Guest may be traveling or against which Guest may assert a claim, as well as any vessel, including substituted vessels, used in the performance of this Contract,
(j) “Website” means www.margaritavilleatsea.com.
(k) “Voyage” means the itinerary and all services to be supplied for the Voyage described in the Contract.
3. CONTRACT/TERMS OF CRUISE FARE
(a) Acceptance & Use of Contract. This Contract constitutes a contract of passage between the Operator and the Guest (whether or not signed by or on his/her behalf), both as defined above, and all the terms and provisions of this Contract, including all of the following matter printed below are a part of such Contract to which the Guest and/or purchaser agrees by accepting this Ticket, whether Guest purchased the Ticket on Guest’s own behalf or whether the Ticket and this Contract have been held and presented by another person on behalf of the Guest.
(b) Contract Governs Relationship Between Carrier and Guest. The Guest agrees that this Contract governs the relationship between the Guest and the Carrier, regardless of the Guest’s age, whether the Guest purchased the Ticket on his or her own behalf, and/or whether the Ticket has been held and/or presented by another person on behalf of the Guest and/or whether or not it is signed.
(c) Entire Agreement. The Guest agrees that, except as expressly provided herein, this Contract constitutes the entire agreement between the Guest and Carrier, and shall supersede and exclude any prior representations that may have been made in relation to the Cruise to the Guest or anyone representing him/her by anyone, including but not limited to anything stated in the Carrier's brochures, Website, advertisements, and other promotional materials, by Margaritaville at Sea or by third persons such as Travel Agents.
(d) Terms Are Binding. The terms herein shall be binding upon payment of the Cruise Fare by the Guest and Guest accepts and agrees to the terms upon presenting this Contract to the Carrier for boarding even if no payment of the Cruise Fare has been made.
(e) Ticket Is Not Transferable. This Contract is valid only for the person, persons and Guests covered hereunder named on the front hereof for whom it is issued and cannot be transferred without Carrier's express written agreement. No person other than the person(s) named in the Contract can use the Contract without the express written agreement of the Carrier. This Contract is only valid for the Cruise specified in the accompanying ticket.
(f) Cruise Fare Payment. Cruise Fare shall be considered earned at the time of payment, or if not previously paid, then at the time of embarkation. The terms of this Contract shall be binding upon the payment of Cruise Fare and the Guest agrees to the terms upon presenting this Contract to the Carrier for boarding even if no payment of the Cruise Fare has been made. Carrier shall be entitled to Cruise Fare and to retain it under all circumstances whatsoever.
(g) No Liability for Lost or Unused Cruise Tickets. The Guest agrees that the Carrier shall not be liable to make any refund to Guest for lost tickets and/or tickets wholly or partially not used by a guest except as otherwise expressly stated in this Contract, any statute, law or other governmental regulations to the contrary, notwithstanding, the benefit of which Guest hereby expressly waives. Refunds for Guest cancellations prior to sailing are limited by the terms of the Carrier's cancellation and refund policy, which is incorporated by reference and available at Carrier’s Website and in Section 18 below. In the event of any conflict between the cancellation and refund policy described herein and those described on Carrier’s Website, the Website cancellation and refund policy shall prevail.
(h) No Liability for Any Cancellation of Itinerary. Carrier reserves the right to change or cancel any scheduled call at any port for any reason at its option at any time whether before, or after sailing of the Vessel, without previous notice to the Guest, and without liability to the Guest for any loss, damage or delay whatsoever, howsoever consequential.
(i) Taxes, Fees, Port Expenses and Other Charges. Cruise Fare does not include taxes, fees, port expenses or other charges by any government or quasi-governmental authorities, including port authorities, whether assessed on a per Guest, per Vessel, per berth or per ton basis, as well as third party fees and charges arising from a vessel’s presence in a harbor or port, nor any charges of the cost of security supplements or similar incidental assessments made by third parties which are subject to change and are due and payable by Guest upon request. If governmental or quasi-governmental action results in any element of such taxes, fees and port expenses exceeding the estimates used by Carrier for purposes of computing the quoted amount, Carrier reserves the right to pass through and collect the extra amount even if the Cruise Fare has already been paid in full.
(j) Fuel Supplement Charges. “Fuel Supplement” shall mean any additional charge to defray a portion of Carrier’s fuel costs. Cruise Fare does not include Fuel Supplement charges, security charges or similar incidental charges (“Surcharges”), subject to applicable laws. Carrier reserves the right to impose or pass on any of these Surcharges and no right of cancellation shall be implied. Carrier reserves the right to charge Guest a Fuel Supplement up to $15.00 USD, or its equivalent in foreign currency, per person per day, without prior notice, in the event that the price of fuel oil according to the NYMEX (New York Mercantile Exchange Index) is greater than $40.00 USD per barrel of oil. Guest shall have no right of cancellation based on the imposition of a Fuel Supplement and such supplement is not included in the Cruise Fare. The amount of Fuel Supplement and taxes, fees and port expenses collected are subject to change, without prior notice. Carrier may collect any Fuel Supplement in effect at the time of sailing, even if the Cruise Fare has been paid in full.
(k) No Modification Unless in Writing. The price of passage hereunder has been fixed partly with reference to the liability assumed by Carrier as defined by this Contract, and no agreement, alteration, or amendment creating any other or different obligation or liability shall be valid unless made, in writing, and signed by Carrier's authorized corporate officer. The rights, defenses, immunities and limitations of liability set forth herein shall inure to the benefit of the Carrier and all concessionaires, independent contractors or other service providers; affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; all suppliers, shipbuilders, component part manufacturers; and its or their owners, operators, managers, charterers, agents, pilots, officers, crew and employees.
(l) Reduced Fares. If this Contract is issued for, or in connection with, any passage at a reduced Cruise Fare rate from the full regular Cruise Fare ordinarily charged whether the reduction is in connection with an "Off Season" or "Low Season" sailing or at any reduced rate by whatsoever designation or cause, this Contract is only available for use on the sailing for which it was issued unless upon Carrier's determination available space exists and the Guest pays to Carrier the difference between the reduced Cruise Fare rate and the full regular Cruise Fare.
(m) Right to Increase Fares. Carrier reserves the right to increase Cruise Fares without prior notice. In such an event, Guest has the option to accept and pay such increase, or to cancel Guest’s reservation without penalty, not less than one (1) month prior to departure.
(n) Carrier’s Obligation to Comply with Governmental Rules, Regulations and Laws. Carrier shall have the right to comply with any orders, recommendations, or directions whatsoever, including but not limited to those pertaining to health, security, immigration, customs or safety, given by any governmental entity or by persons purporting to act with such authority and such compliance shall not be deemed to be a breach of this Contract.
(o) Payment of Onboard Charges Prior to Disembarking. Prior to disembarking the Vessel, Guest must pay in full all amounts charged to Guest’s stateroom account. Carrier shall not be liable for loss, damage or delay resulting from Guest’s failure to comply with these requirements. Carrier shall be entitled to a lien on the Guest’s Baggage for any outstanding amounts.
(p) Contract Is Applicable to Other Entities and Persons. All rights, exemptions from liability, defenses and immunities of Carrier under this Contract shall also inure to the benefit of all concessionaires, independent contractors or other service providers; and affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; all suppliers, shipbuilders, component part manufacturers; and its or their owners, operators, managers, charterers, agents, pilots, officers, crew and employees.
(q) Gratuities and/or Service Fees Property of Carrier. Any gratuities and/or service fees paid by Guest are the property of the Carrier and shall be used by the Carrier in any manner or method and for any purpose that the Carrier deems fit in its sole discretion.
4. TRAVEL DOCUMENTS AND GUEST REQUIREMENTS
(a) Required Travel Documents. Proper travel documents and eligibility to travel is required upon embarkation and throughout the Cruise. Guest shall have in his or her possession, and assumes all responsibility for obtaining, all visas, passports, certified birth certificates, travel and health documents required by any governmental authority, and as required by Carrier’s Public Health Policies and Procedures (as described in Section 5 below) and if Guest fails to do so Carrier shall have no further obligation to transport or to furnish transportation to the Guest. In addition to immigration and customs requirements, the U.S. government and others place restrictions on the carriage of Guests whose names appear on government watch lists or who are deemed legally ineligible to travel. It is the Guest’s sole responsibility to ensure his/her legal eligibility to travel. Guests are advised to check with Guest’s Travel Agent and with the appropriate government authority to determine the necessary documents and travel eligibility requirements for their particular Cruise. Carrier may cancel the booking of any Guest who is or becomes ineligible to travel for any reason, or who fails to abide by Carrier’s Public Health Policies and Procedures, including COVID-19. Any Guest who fails to follow Carrier’s Public Health Policies and Procedures, including COVID-19, shall be ineligible to board the Vessel. Under no circumstances shall Carrier be liable for a refund or compensation of any kind, including but not limited to, costs, damages or expenses whatsoever incurred by any Guest as a result of such failure, cancellation or denial of boarding. Guest is responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to their final destination.
(b) Availability of Website and Travel Information. Guest acknowledges receipt of Carrier’s applicable Website and travel information and agrees to abide by the terms and conditions of this Contract and the information contained on Carrier’s Website, including Carrier’s Public Health Policies and Procedures, Frequently Asked Questions, Guest Safety and Conduct Policy and Travel Documentation Requirements on the Website. In the event of any conflict between the Carrier’s Public Health Policies and Procedures described herein and those described on Carrier’s Website, the Website policy shall prevail.
(c) Voyages Commencing and Cruising in the U.S. Guest acknowledges that, for a voyage commencing in a United States port for a round-trip voyage via one or more United States ports, Guest must complete the Voyage and disembark at the embarkation port. Failure to do so may result in a fine or penalty being imposed by the United States Customs Service or other governmental agency. In consideration for the Cruise Fare paid, Guest agrees to pay any such fine or penalty imposed because of Guest’s failure to complete the Voyage.
(d) Required Travel Documents for Minors and Proof of Marriage. Carrier shall refuse boarding to any Guest under the age of 18 unless: (1) the Guest is traveling in the same stateroom with an individual twenty-five (25) years or older; (2) traveling in the same stateroom with his/her spouse; (3) traveling with a parent or guardian in an accompanying stateroom; or (4) is a qualified member of the U.S. military. If the Guest is an adult accompanying a minor or minors under the age of 18, and the adult Guest is not a spouse, parent, or legal guardian of the minor(s), the adult Guest must present an original Parent/Guardian Consent & Release Form, signed by both parents/legal guardians of the minor which authorizes the minor's travel, and further authorizes medical treatment in case of emergency, to a representative of the Carrier at the pier. If the adult Guest is the spouse of a minor, the adult Guest must present a certified copy of a valid marriage certificate to a representative of the Carrier at the pier. Failure to present any of the aforementioned documentation may result in boarding being denied with no refund provided. Carrier shall not be liable for any refunds or for any damages arising out of, relating to, or concerning any Guest’s failure to provide proper proof of age or marriage or otherwise comply with this Section.
(e) Mandatory Safety Briefing. Guests must attend the mandatory safety briefing at the commencement of the Cruise and any subsequent briefing ordered by the Vessel’s officers during the Cruise. Guests shall comply with all onboard health, environmental and safety policies and procedures (including but not limited to those specified in Section 5 below and on Carrier’s Website) and shall familiarize themselves with the nature and character of the Vessel, as well as, all emergency exits, to assist with safe evacuation in the event of an emergency.
(f) Compliance with Vessel’s Rules and Regulations. Guests must comply with all pre-embarkation, onboard and shore excursion rules and policies including, but not limited to, all environmental and public health policies and procedures, and shall familiarize themselves with the nature and character of the Vessel, as well as, Carrier’s current Public Health Policies and Procedures, including COVID-19 set forth in Section 5, and onboard waste / recycling receptacle stations, and Guest agrees to comply with all such policies and procedures, as well as environmental laws and regulations.
5. PUBLIC HEALTH POLICIES AND PROCEDURES, UNDERSTANDING AND KNOWING ACCEPTANCE OF RISKS OF TRAVEL
(a) Consultation with Guest’s Physician and Guest's Acceptance of Risk of Travel. GUESTS ARE STRONGLY ENCOURAGED TO DISCUSS THE ADVISABILITY OF TRAVEL WITH THEIR PHYSICIAN AND TO REVIEW THE U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION (“CDC”) WEBSITE FOR UPDATED INFORMATION. THE CDC HAS IDENTIFIED INDIVIDUALS WITH UNDERLYING MEDICAL CONDITIONS, REGARDLESS OF AGE, WHO ARE, OR MAY BE AT INCREASED RISK OF SEVERE ILLNESS FROM THE VIRUS THAT CAUSES COVID-19. GUEST ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT WHILE ABOARD THE VESSEL, IN TERMINALS AND BOARDING AREAS, OR DURING ACTIVITIES ASHORE AND/ OR WHILE TRAVELING TO OR FROM THE VESSEL, GUEST OR OTHER GUESTS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19 AND ITS VARIANTS, INFLUENZA, FUNGI, COLDS, NOROVIRUS, NOT YET KNOWN NOVEL COMMUNICABLE ILLNESS AND DISEASE. GUEST FURTHER UNDERSTANDS AND ACCEPTS THAT DUE TO THE NATURE OF SPREAD OF COMMUNICABLE ILLNESSES, THE RISK OF EXPOSURE IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, ARE BEYOND CARRIER’S CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. GUEST KNOWINGLY AND VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURE, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.
(b) Agreement to Abide by Current Public Health, Policies and Procedures. Carrier’s Public Health Policies and Procedures, including COVID-19, are subject to the guidance and directives of established health authorities in the U.S. and other destinations where the Vessel visits, including the CDC and other international, national and local health agencies when the Vessel is within those agencies’ jurisdiction. Guest acknowledges that these directives may change from time to time and that Carrier’s Public Health Policies and Procedures, may therefore also change. GUEST EXPRESSLY AGREES TO COMPLY WITH THE PUBLIC HEALTH POLICIES AND PROCEDURES, AS THEY ARE DESCRIBED HEREIN, AND AS THEY ARE DESCRIBED ON CARRIER’S WEBSITE, AT ALL TIMES INCLUDING PRE-EMBARKATION, WHILE ONBOARD, DURING PORT CALLS AND SHORE EXCURSIONS AND/OR FINAL DISEMBARKATION. IN CASE OF ANY CONFLICT BETWEEN THE PUBLIC HEALTH POLICIES AND PROCEDURES, DESCRIBED HEREIN OR ON CARRIER’S WEBSITE, THE WEBSITE GOVERNS. GUEST’S AGREEMENT TO ABIDE BY CARRIER’S PUBLIC HEALTH POLICIES AND PROCEDURES AND CONSTITUTES AN INTEGRAL PART OF THIS CONTRACT. GUEST AGREES THAT THE PUBLIC HEALTH POLICIES AND PROCEDURES HEREIN WILL ALSO APPLY TO ANY AND ALL AS YET UNKNOWN NOVEL DISEASES OR ILLNESSES.
(c) Public Health Policies and Procedures. Guest understands that Carrier’s Public Health Policies and Procedures, may or will include (but are not be limited to): (1) providing an accurate, truthful and complete health questionnaire in a form containing any and all health or travel-related questions as required by Carrier in its sole discretion, for each Guest prior to boarding; (2) pre-embarkation and/or periodic testing and temperature checks of each Guest followed by a period of isolation until test results are available; (3) modified capacity rules for activities (including but not limited to restaurants, gyms, and entertainment events onboard and for shore excursions) which may limit or eliminate the ability of Guest to participate in particular activities; (4) mandatory use by each Guest (except children under the age of two) of face coverings in most locations outside of the Guest’s cabin while onboard, during embarkation, disembarkation and shore excursions; (5) mandatory social distancing of Guests at any/all times while onboard and during embarkation, disembarkation, and shore excursions; (6) additional restrictions during shore excursions depending on local conditions, including but not limited to denial of disembarkation at destinations unless participating in only Carrier-approved shore excursions; (7) mandatory hand sanitizing by Guest upon entry or exit of any public areas; (8) confinement of Guests to cabins, quarantine or emergency disembarkation of Guest if, in Carrier’s sole discretion, such steps are necessary to prevent or slow the spread of public health concerns, including COVID-19; (9) the required completion by Guest in a timely manner of any written authorizations or consent forms required for Carrier to carry out its Public Health Policies and Procedures, including COVID-19 (including but not limited to medical information, medical privacy, or personal data privacy consent forms), and; (10) other policies and procedures deemed by Carrier in its sole discretion to be necessary to reduce the risk of spread of public health concerns, including COVID-19.
(d) Compliance with Public Health Policies and Procedures is Required. Notwithstanding any other provision contained herein or in Carrier’s Refund Policy, any noncompliance by Guest or members of Guest’s travelling party with Carrier’s Public Health Policies and Procedures, including COVID-19, or this Contract shall be grounds for refusal to board, refusal to re-board after going ashore, quarantine onboard the Vessel, disembarkation, reporting to governmental or health authorities, or other steps deemed necessary in Carrier’s sole discretion under the circumstances to protect the health and well-being of others. Under these circumstances, Guest shall not be entitled to a refund or compensation of any kind. Guest will be responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to Guest’s country of residence. Under no circumstances shall Carrier have any other liability for any compensation or other damages or expenses whatsoever incurred by any Guest as a result of such denial of boarding, refusal to re-board, quarantine, disembarkation, or other steps taken by Carrier.
(e) Guest Ill Due to Public Health Concern Pre-Cruise. Guest agrees that if at any time within 14 days prior to embarkation, Guest becomes ill with a communicable illness or disease, exhibits signs or symptoms of a communicable illness or disease has had close contact with a person confirmed or suspected as having communicable illness or disease or Carrier otherwise determines in its sole discretion that Guest is unfit to board because of any communicable illness, Carrier may deny boarding to such Guest. Under these circumstances, unless Carrier determines that Guest has failed to comply with Carrier’s Public Health Policies and Procedures, or this Contract, any Guest denied boarding because of a known or suspected infection with a communicable disease will be entitled to a refund or future cruise credit equal in value to the Cruise Fare Guest paid to Carrier. Carrier, in its sole discretion, may require Guest to provide verification satisfactory to Carrier that Guest is not ill from a communicable illness or disease. For further details, refer to Carrier’s refund and cancellation policy at Carrier’s Website. Under no circumstances shall Carrier have any other liability for any compensation or other damages whatsoever, including but not limited to compensation for lodging or travel.
(f) Guest Ill Due to Public Health Concern During Cruise. Guest understands and agrees that if, after boarding, and even if Guest has fully complied with Carrier’s Public Health Policies and Procedures, Guest is ill with a communicable disease or illness or exhibits signs or symptoms of a communicable disease or illness, Carrier may disembark, refuse re-boarding, or quarantine Guest as well as members of Guest’s travelling party, or take other steps which Carrier determines, in its sole discretion, are necessary under the circumstances to protect the health, safety and well-being of others. Under these circumstances, any such Guest with a known or suspected case of a communicable disease or illness who is disembarked, refused re-boarding, or quarantined shall be entitled to a prorated refund or future cruise credit for the unused portion of the Cruise Fare. For further details, refer to Carrier’s refund and cancellation policy at Carrier’s Website. Each such Guest is responsible for all other related costs and fines, including without limitation travel expenses. Under no circumstances shall Carrier be liable to any such Guest for any costs, damages or expenses whatsoever incurred by any Guest.
6. GUEST’S OBLIGATION TO COMPLY WITH CONTRACT AND RULES OF CARRIER; QUARANTINE; INDEMNIFICATION
(a) Guest Agrees to Follow Carrier’s Rules, Policies and Instructions. Guest agrees to follow the directions of the Vessel’s Master, or his authorized officers during the course of the Voyage. Guest shall at all times comply with the provisions of this Contract, all applicable laws, and rules, policies and regulations of the Carrier, and the Vessel, and including Carrier’s Public Health Policies and Procedures set forth in Section 5 above and on Carrier’s Website. Guest also agrees to abide by the rules of the Carrier, including, but not limited to, the rules particularly set forth herein and Carrier’s Guest Conduct Policy described on Carrier’s Website, and to follow the lawful instructions of the Vessel's officers, crew, and other employees at all times, including at the port terminal. Guest acknowledges and accepts that failure to do so constitutes a material breach of this Contract which may subject the Guest, as well as any accompanying Guest(s), to involuntary disembarkation without liability whatsoever to the Carrier for any refund or any other related loss or expense to the Guest, and any accompanying Guest(s).
(b) Right to Refuse Boarding or Remove Guest. Carrier may refuse Guest boarding, and may remove any Guest from the Vessel at any time, for any of the following reasons: (i) whenever such action is necessary to comply with any government regulations, directives or instructions; (ii) when a Guest refuses to permit search of his person or property for explosives, weapons, dangerous materials or other stolen, illegal or other prohibited items; (iii) when a Guest refuses upon request to produce positive identification; (iv) for failure to comply with Carrier’s rules and procedures, including, for example, Carrier’s Guest Conduct Policy or Carrier’s policies against fraternization with crew; or (v) Guest fails to abide by Carrier’s Public Health Policies and Procedures (as described in Section 5 above and on Carrier’s Website), and Carrier’s Guest Conduct Policy as described on Carrier’s Website.
(c) Right to Refuse or Revoke Passage or to Confine and/or Quarantine for Medical Safety Reasons. Guest recognizes and agrees that Carrier reserves the right, without incurring liability of any kind, to refuse or revoke passage to, or confine to a stateroom, or refuse to re-board after going ashore any Guest who, in the sole judgment of the Carrier or Vessel’s medical personnel, may be refused admission into a port or into the country of destination, or may be suffering from a contagious disease or illness, or fails to abide by Carrier’s Public Health Policies and Procedures as described in Section 5 above or on Carrier’s Website, or for any other cause that may endanger themselves or others or violate any of Carrier’s rules or policies. Any Guest who is refused passage or otherwise denied any advertised benefit or service under this Section shall not be entitled to receive any compensation whatsoever, except as otherwise provided herein or as required by law and shall become liable for any resulting expenses incurred by the Carrier.
(d) Prohibited Items. The Guest agrees not to bring on board the Vessel, under any circumstances, except where the Carrier has provided express prior written permission, any firearms or weapons of any kind, ammunition, explosives, contraband, drones or other substances of a dangerous or illegal nature. Carrier reserves the right to confiscate, destroy and/or turn over to authorities these or any other items it deems in its sole discretion to be detrimental to the safety or comfort of any person or which are otherwise improperly in the possession of any Guest. Each Guest warrants that no such articles are contained in any receptacle or container carried or presented as Baggage. No Guest is permitted to bring on board the Vessel live animals (other than qualified service dogs, with notice to Carrier at the time of booking or in any event no less than fourteen (14) days prior to the Cruise). The Guest will be solely responsible for any and all damage and/or loss caused by the service dog. Guest further understands and agrees that any alcoholic and other beverages purchased ashore shall not be brought on or consumed aboard the Vessel under any circumstances but shall be delivered to the Vessel's crew at the gangway to be retained by the Carrier until the Guest disembarks at the end of the Voyage. The Guest assumes all responsibility for complying with any applicable customs or import laws relating to any such purchase.
(e) Stateroom Assignments Not Guaranteed. Specific stateroom assignments are not guaranteed. The Carrier reserves the right to move Guest to a comparable stateroom for any reason, including but not limited to, instances in which a stateroom is booked with fewer than the maximum number of guests the stateroom can accommodate; or when a partial guest cancellation occurs, and the remaining number of guests do not match the maximum number of guests the stateroom can accommodate.
(f) Guest Must Meet Border Control Requirements. The Guest certifies to the Carrier that Guest is qualified to enter the country or countries of his/her destination and is qualified to enter the country or countries at which Guest may wish to disembark. The Guest assumes all responsibility for obtaining all travel and health documents required by any governmental authority, and if he/she fails to do so and such failure may delay the Vessel or may be deemed a violation of any law, rule order or direction of any governmental authority, the Carrier shall have no further obligation to transport or to furnish transportation to the Guest. The Guest will not be allowed to board the Vessel or be entitled to a refund if the Guest does not have proper documentation. The Guest will be subject to any fine or other costs incurred by Carrier that results from improper documentation or noncompliance with applicable regulations, which amount may be charged to Guest’s stateroom and/or credit card.
(g) Departure Time Requirements and Policies. The Guest acknowledges that it is Carrier’s policy that all guests must be onboard the Vessel one (1) hour prior to the departure time noted on their Cruise documents for the port of embarkation as well as one (1) hour before departure at all ports of call and agrees that it is the Guest’s responsibility not to miss such final boarding time. Any Guest who fails to board the Vessel one (1) hour prior to departure is at risk of being left at the port of embarkation or port of call. In such event, Carrier shall have the right without notice to depart without the Guest, and the Guest shall be fully responsible to pay for or indemnify the Carrier from all expenses incurred to rejoin the Vessel at the next port or for his/her own return passage, including, but not limited to, government fees or fines, visa fees, subsistence, lodging, airfare, launch fare, car hire or agency fees. In such event, the Guest shall not be entitled to a refund and shall be deemed to have breached this Contract. Further, in such event, the entire Cruise Fare shall be deemed fully earned by Carrier and no portion thereof shall be recoverable by the Guest.
(h) Requirements for Travelling with Minors. When accompanying a minor on the Vessel, the adult Guest agrees to be the agent of such minor(s) for all purposes, to accept and maintain full responsibility for supervising, monitoring and ensuring the safety and health of such minor(s) and to bear full responsibility for the actions of such minor(s) travelling with the Guest. The Guest further ensures such minor(s) abide by the provisions of this Contract, all shipboard rules and regulations, and all applicable laws. The adult Guest further agrees that the Carrier is not liable for injury to minor(s) in the adult Guest’s charge arising from the willful or negligent acts or omissions of other guests or persons who are otherwise not acting on behalf of the Carrier. The adult Guest also agrees that under no circumstances will a minor be left aboard the Vessel, while the adult Guest who is responsible for the minor leaves the Vessel for any reason, and in such circumstance the adult Guest agrees to indemnify and hold Carrier harmless for any and all loss, injury, or death of the minor or any other person involving the minor whatsoever. The adult Guest must accompany all minors on any independently operated shore excursion purchased through Carrier. Proof of age and/or proof of marriage are required to be presented at any time.
(i) Guest Liability to Carrier and Indemnification. The Guest shall be liable to and shall reimburse Carrier for all damages or loss of or to the Vessel and its furnishings and any equipment or property of the Carrier or any other Guest caused directly or indirectly, in whole or in part, by any act or omission of the Guest or those for whom the Guest is responsible, whether willful or negligent, including but not limited to, theft or any other criminal act. The Guest shall further indemnify the Carrier and each and all of their agents or servants against all liability whatsoever arising from any personal injury, death or damage or loss whatsoever caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Guest or those for whom the Guest is responsible. The Guest shall furthermore be liable to and shall indemnify the Carrier and/or the Vessel for any fines or penalties imposed on the Vessel by the authorities for this failure to observe or comply with local requirements concerning immigration, repatriation, customs and excise taxes or any other government regulations whatsoever.
7. BAGGAGE, PROPERTY & LIMITATIONS OF LIABILITY
(a) Baggage Limits and Right to Search. Each Guest will be allowed two (2) pieces of Baggage free of charge. Any excess will be charged at the current rate for Baggage, payable before embarkation, subject to the right of the Carrier to limit the amount of such excess that may be carried. No tools of trade, household goods, jewelry, cash, precious or rare metals or stones , documents, negotiable instruments, valuables of any description or such articles specified in 46 U.S. Code Section 30503 shall be carried except under and subject to the terms of a special written contract entered into with the Carrier before embarkation upon application of the Guest. The Guest hereby warrants that no such articles are contained in any receptacle or container presented by him as a baggage hereunder, and if such articles are shipped by Guest as Baggage in breach of this warranty, no liability shall attach to the Carrier on account thereof as Carrier, bailee or in any other capacity. The Vessel’s officers have the right to enter and search Guest’s Stateroom and Baggage for any hazardous, controlled or prohibited substances or contraband.
(b) Baggage Not to Contain Contraband; Indemnification. Guest further warrants that he or she has not carried onto the Vessel any goods or articles for purposes of trade or commerce, nor contraband, nor goods or articles which otherwise may violate the customs laws of the country from which the Vessel embarks or of any other port State visited by the Vessel during the course of the Voyage, and the GUEST AGREES TO INDEMNIFY THE CARRIER FOR ANY FINES, DUTIES, TAXES, OR OTHER PENALTIES THAT MAY BE INCURRED AS A RESULT OF ANY ITEM BROUGHT ONBOARD BY THE GUEST.
(c) No Liability for Personal and/or Perishable Items. The Carrier shall not be liable for any loss of or damage to any perishable items, dentures and/or other dental devices, optical devices (including contact lenses), medications, cameras, recreational and/or sporting equipment, jewelry, cell phones, computers, clothing, electronic devices, cash, securities or other negotiable instruments under any circumstances whatsoever, whether carried within the Guest’s Baggage or otherwise.
(d) Value of Baggage. It is stipulated that the aggregate value of the Guest’s Baggage under this Contract does not exceed $300.00 and any liability of the Carrier for any cause whatsoever with respect to such Baggage shall not exceed that sum.
(e) No Liability for Valuables. Please lock all luggage when not in your immediate possession. CARRIER SHALL NOT BE LIABLE FOR LOSS OF OR DAMAGE TO, JEWELRY, CASH, NEGOTIABLE INSTRUMENTS, PRECIOUS OR RARE METALS OR STONES, VALUABLES OR OBJECTS OF A RARE OR PRECIOUS NATURE, LIQUOR PARCELS, PHOTOGRAPHIC/ELECTRONIC EQUIPMENT, INCLUDING PHONES AND COMPUTERS, LIFESAVING MEDICATIONS/PRESCRIPTIONS, MEDICAL EQUIPMENT, COSMETIC BAGS/SMALL CARRY-ON LUGGAGE OR OTHER SIMILAR VALUABLE ITEMS CONTAINED IN THE GUEST’S BAGGAGE. Please do not place the above-mentioned items within your luggage. Carrier recommends that if these items are carried with the Guest when boarding or disembarking the Vessel, they should be carried with the Guest.
(f) Reporting Property Loss; Limitation of Liability. NO SUIT SHALL BE MAINTAINABLE AGAINST THE CARRIER UPON ANY CLAIM IN CONNECTION WITH THIS CONTRACT RELATING TO BAGGAGE OR ANY PROPERTY UNLESS LOSS OR DAMAGE TO BAGGAGE OR PROPERTY WHILE BOARDING OR DISEMBARKING IS REPORTED TO THE CARRIER'S PERSONNEL PRIOR TO LEAVING THE U.S. CUSTOMS AREA. GUEST MUST FILE AN IRREGULARITY REPORT PRIOR TO LEAVING THESE AREAS. CARRIER WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS WHICH IS NOT DULY REPORTED AS STATED ABOVE. IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST THE CARRIER CONCERNING BAGGAGE OR PROPERTY BE MAINTAINABLE UNLESS SUIT IS COMMENCED WITHIN SIX (6) MONTHS AFTER TERMINATION OF THE VOYAGE.
(g) Carrier’s Right to Transfer Guest and Baggage. Guest consents and agrees that the Carrier has an absolute right to transfer Guest and/or his/her baggage to other carriers, whether by water, motor vehicle, rail or air, to or toward the ultimate destination for any reason whatsoever without liability to Carrier except that, in the event such substituted passage is for the convenience of the Carrier, it shall be at the Carrier’s cost. Otherwise, it shall be at the cost of the Guest.
(h) Transporting and/or Transferring Guest and/or Guest’s Baggage. In making any arrangements for the care or transportation of any Guest or his/her baggage by any connecting or other carrier, railway, vessel, craft, transportation company, tramway, carriage, automobile, aircraft or otherwise than by Carrier's vessels or such tenders as are supplied at the sole expense of Carrier to embark or disembark guests in and from the same, or in making any arrangements for shore accommodations, amusement or entertainment for any Guest or for any other service or facility whatsoever for any Guest otherwise than aboard the Vessel or such tenders aforesaid, it is understood and agreed that Carrier is acting in the capacity of agent for the party or parties actually providing such care, transportation, accommodation, amusement, entertainment, service or facility aforesaid, and that the same are provided subject to the terms appearing in the tickets, vouchers, or notices for the time being in force of such party or parties or otherwise imposed by such party or parties. It is further understood and agreed that Carrier is not to be held liable for the act, neglect, default or omission of any party whomsoever concerning any events, matters or things whatsoever or whosesoever, elsewhere than aboard the Carrier's Vessels or such tenders as are supplied at the sole expense of Carrier for the purpose of embarking or disembarking guests in or from the Vessel.
(i) No Liability for Property Loss. Unless negligent, Carrier is not responsible nor liable for any loss or damage to Guest's property on the Vessel. Liability for loss of or damage to Guest’s property in connection with any air or ground transportation shall be the sole responsibility of the provider of the service and in accordance with applicable limitations.
8. LIMITATIONS AND DISCLAIMERS OF LIABILITY
(a) No Warranties. THE CARRIER AND GUEST HEREBY AGREE THERE IS NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE FITNESS, SEAWORTHINESS, OR CONDITION OF THE VESSEL OR ANY PERSON ONBOARD, OR ANY FOOD, DRINK, MEDICINE, OR PROVISIONS SUPPLIED ONBOARD THE VESSEL. THE GUEST ACKNOWLEDGES THAT THE CARRIER IS NOT AN INSURER OF HIS OR HER SAFETY DURING THE COURSE OF THE VOYAGE, AND THE GUEST AGREES THAT THE CARRIER SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR ANY INCIDENT OR INJURY ARISING FROM EVENTS OCCURRING OUTSIDE OF THE GUEST AREAS OF THE VESSEL OR OUTSIDE OF THE VESSEL ITSELF, OUTBREAKS OF COMMUNICABLE DISEASE, INCLUDING BUT NOT LIMITED TO THOSE EVENTS OCCURRING ASHORE (INCLUDING SHORE EXCURSIONS), ON TENDERS NOT OWNED OR OPERATED BY THE CARRIER, ON OR RESULTING FROM EQUIPMENT NOT A PART OF THE VESSEL, OR UPON DOCKS AND/OR PIERS, OR INVOLVING PERSONS EMPLOYED ONBOARD THE VESSEL ACTING OUTSIDE THE COURSE AND SCOPE OF EMPLOYMENT.
(b) No Damages for Emotional or Psychological Injuries. CARRIER DISCLAIMS ALL LIABILITY TO THE GUEST FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURIES OF ANY KIND NOT RESULTING FROM A PHYSICAL INJURY TO THAT GUEST, NOR FROM THAT GUEST HAVING BEEN AT RISK OF ACTUAL PHYSICAL INJURY, NOR INTENTIONALLY INFLICTED BY THE CARRIER.
(c) Statutory Limitations of Liability. CARRIER AND THE VESSEL SHALL HAVE THE BENEFIT OF ANY STATUTORY LIMITATION OF LIABILITY OR EXONERATION OF LIABILITY AVAILABLE IN THE APPLICABLE FORUM, OR UNDER ANY APPLICABLE NATIONAL OR INTERNATIONAL LAW, INCLUDING, BUT NOT LIMITED TO, 46 U.S.C. §§ 30501 THROUGH 30509 AND 30511.
(d) No Damages Relating to Guest’s Use of Sports, Fitness and/or Sauna Equipment. CARRIER SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES WHICH OCCUR WHILE PARTICIPATING IN ANY ATHLETIC OR RECREATIONAL ACTIVITIES ABOARD THE VESSEL OR ONSHORE AT ANY PORT OF CALL, INCLUDING, BUT NOT LIMITED TO, GUEST PARTICIPATION IN OR GUEST USAGE OF ANY GYMNASIUM, JOGGING, SWIMMING, DIVING, HEALTH CLUB AND SAUNA FACILITIES. BY USING SAID FACILITIES, THE GUEST AGREES TO ASSUME ALL RISKS, OF WHICH THE GUEST ACKNOWLEDGES THEY HAVE BEEN WARNED OF HEREIN, ARISING THEREFROM AND DOES HEREBY FULLY RELEASE AND DISCHARGE THE CARRIER FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF THE GUEST’S USE OR INTENDED USE OF SAID FACILITIES AND/OR ACTIVITIES.
(e) Statutory Limitation of Liability for COVID-19 Illness and/or Injury. CARRIER ASSERTS AND HEREBY PLACES GUEST ON NOTICE OF ITS INTENT TO USE THE IMMUNITY FOR BUSINESS ENTITIES AGAINST LIABILITY FOR ANY COVID-19-RELATED CLAIM AS PROVIDED FOR IN FLORIDA STATUTES §§ 768.38 AND 768.381.
(f) Limitation of Liability Concerning Guest Travelling with Minor. IF GUEST IS TRAVELING WITH HIS/HER NATURAL BORN OR ADOPTED MINOR CHILDREN, THE GUEST HEREBY AGREES AND STIPULATED TO THE APPOINTMENT, UPON BOARDING OF HIM/HERSELF AS THE LEGAL REPRESENTATIVE OF SUCH MINOR CHILDREN WITHIN THE MEANING OF 46 U.S.C. § 30508(d) UPON BOARDING.
(g) Carrier’s Liability Limited by Applicable Law; No Warranties. Carrier's responsibility shall never exceed the usual amount of limitation of liability to which Carrier is entitled under the applicable law. No undertaking or warranty is given or shall be implied as to the seaworthiness, fitness, or condition of the Vessel or any food, drink, or medicine supplied onboard the Vessel. In no event shall Carrier be liable for any accident which occurs off the Vessel itself, including, but not limited to accidents occurring ashore, on tenders not owned by the Vessel or a part of the Vessel's equipment, or upon docks or piers. The exemption from liability herein contained shall extend to each of the employees, officers, agents, servants and all representatives of the Carrier.
9. JURISDICTION, VENUE, GOVERNING LAW, WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION RELIEF
(a) Jurisdiction, Venue and Jury Trial Waiver. IT IS HEREBY AGREED THAT ANY AND ALL CLAIMS, DISPUTES OR CONTROVERSIES WHATSOEVER ARISING FROM, RELATED TO, OR IN CONNECTION WITH THIS CONTRACT OR THE GUEST'S VOYAGE, INCLUDING ANY ACTIVITIES ON OR OFF THE VESSEL OR TRANSPORTATION FURNISHED THEREWITH, WITH THE SOLE EXCEPTION OF CLAIMS SUBJECT TO BINDING ARBITRATION UNDER SECTION 10(C) BELOW, SHALL BE COMMENCED, FILED AND LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN PALM BEACH, OR AS TO THOSE LAWSUITS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA, U.S.A. TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTRY, CITY, OR COUNTY WHERE SUIT MIGHT OTHERWISE BE BROUGHT. GUEST HEREBY CONSENTS TO SUCH EXCLUSIVE JURISDICTION AND WAIVES ANY JURISDICTIONAL, VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE. IN THE EVENT THAT A MATTER IS BROUGHT IN THE FEDERAL COURTS OF THE UNITED STATES AND NO DIVERSITY JURISDICTION EXISTS, THEN THE MATTER MUST PROCEED UNDER THE COURT’S ADMIRALTY JURISDICTION AND GUEST MAY NOT BE ALLOWED A TRIAL BY JURY. IF A MATTER PROCEEDS UNDER THE COURT’S ADMIRALTY JURISDICTION, THEN CARRIER CONSENTS TO A TRIAL BY JURY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 39(C). GUEST ACKNOWLEDGES AND UNDERSTANDS THAT A FEDERAL COURT PRESIDING OVER THE MATTER UNDER ADMIRALTY JURISDICTION MAY NOT GRANT A JURY TRIAL DESPITE CARRIER AND GUEST’S REQUEST FOR A JURY TRIAL, AND IN SUCH EVENT, GUEST KNOWINGLY AND VOLUNTARILY WAIVES A JURY TRIAL. GUEST HEREBY CONSENTS TO SUCH EXCLUSIVE JURISDICTION AND WAIVES ANY JURISDICTIONAL, VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE.
(b) Jurisdiction and Venue for Non-Injury Claims under $8,000. Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest, whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of, relating to, or connected with this Contract, the booking of the cruise, shore excursions, or Guest’s Cruise, no matter how described, pleaded or styled, between the Guest and Carrier, in which Guest or any other claimant asserts damages for less than $8,000 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) must be litigated, if at all, before a small claims court located in Palm Beach County, Florida, to the exclusion of the courts of any other county, state or country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be otherwise available.
(c) Governing Law. EXCEPT AS OTHERWISE SPECIFIED HEREIN, ANY AND ALL DISPUTES WHATSOEVER ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS CONTRACT OR THE GUEST’S CRUISE, AS WELL AS THE INTERPRETATION, APPLICABILITY, AND ENFORCEMENT OF THIS CONTRACT SHALL BE GOVERNED EXCLUSIVELY BY THE GENERAL MARITIME LAW OF THE UNITED STATES, WHICH SHALL INCLUDE THE DEATH ON THE HIGH SEAS ACT (46 USCS § 30302) WITHOUT REGARD TO CHOICE OF LAW RULES, WHICH REPLACES, SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY STATE OR NATION TO THE CONTRARY.
(d) Class Action Waiver. THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION AND SUPERSEDES ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION RELIEF WAIVER PRECLUDES GUEST FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM BROUGHT UNDER THIS CONTRACT OR IN CONNECTION WITH GUEST’S CRUISE. EVEN IF APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION. GUEST EXPRESSLY AGREES TO WAIVE AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE 10(c) BELOW, THE GUEST FURTHER AGREES AND ACKNOWLEDGES THAT THE CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. THE VALIDITY AND EFFECT OF THIS CLASS ACTION RELIEF WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW AND NOT BY AN ARBITRATOR. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN CLAUSE 10(c) BELOW, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION. GUEST AGREES THAT CARRIER CAN RECEIVE IMMEDIATE JUDICIAL ASSISTANCE TO ENFORCE THIS CLASS ACTION WAIVER.
10. NOTICE OF CLAIMS, TIME LIMITATIONS OF ACTIONS, COMMENCEMENT OF SUIT, AND ARBITRATION
(a) Notice of Claims and Time Limits for Commencement of Suit for Injury or Death. GUEST AGREES THAT NO SUIT, WHETHER BROUGHT IN REM OR IN PERSONAM, SHALL BE MAINTAINED AGAINST CARRIER FOR EMOTIONAL OR PHYSICAL INJURY, ILLNESS OR DEATH OF GUEST UNLESS WRITTEN NOTICE OF THE CLAIM, INCLUDING A COMPLETE FACTUAL ACCOUNT OF THE BASIS FOR SUCH CLAIM, IS DELIVERED TO CARRIER AT OPERATOR’S ADDRESS SET FORTH IN SECTION 25 BELOW WITHIN SIX (6) MONTHS FROM THE DATE OF SUCH INJURY, EVENT, ILLNESS OR DEATH GIVING RISE TO THE CLAIM. NO SUIT TO RECOVER ON ANY SUCH CLAIM SHALL BE MAINTAINABLE UNLESS FILED WITHIN ONE (1) YEAR AFTER THE DATE OF THE INJURY, EVENT, ILLNESS OR DEATH, AND SUIT IS COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DATE OF SUCH INJURY, ILLNESS OR DEATH AND PROCESS SERVED WITHIN 120 DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.
(b) Time Limits for All Other Legal Proceedings. CARRIER SHALL NOT BE LIABLE FOR ANY CLAIMS WHATSOEVER, OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF THE GUEST (AS DISCUSSED IN SECTION 10(A) ABOVE), UNLESS FULL PARTICULARS IN WRITING ARE GIVEN TO CARRIER AT THE ADDRESS PROVIDED IN SECTION 25 BELOW WITHIN THIRTY (30) DAYS AFTER GUEST’S CRUISE TERMINATES OR IN THE CASE THE VOYAGE IS ABANDONED, WITHIN THIRTY (30) DAYS THEREAFTER. LEGAL PROCEEDINGS TO RECOVER ON ANY CLAIM WHATSOEVER OTHER THAN FOR PERSONAL INJURY, ILLNESS, OR DEATH SHALL NOT BE MAINTAINABLE UNLESS COMMENCED (FILED) WITHIN SIX (6) MONTHS AFTER THE DATE GUEST’S CRUISE TERMINATES OR IN THE CASE THE VOYAGE IS ABANDONED, WITHIN SIX (6) MONTHS THEREAFTER, AND UNLESS SERVED UPON CARRIER WITHIN SIX (6) MONTHS AFTER COMMENCEMENT. GUEST EXPRESSLY WAIVES ALL OTHER POTENTIALLY APPLICABLE STATE OR FEDERAL LIMITATION PERIODS FOR CLAIMS WHICH INCLUDE, BUT ARE NOT LIMITED TO, ALLEGATIONS CONCERNING ANY AND ALL CIVIL RIGHTS, THE AMERICANS WITH DISABILITIES ACT (ADA), UNFAIR TRADE PRACTICES AND/OR ADVERTISING.
(c) Arbitration for Non-Injury Claims Exceeding $8,000 in Claimed Damages. ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF A GUEST, WHETHER BROUGHT IN PERSONAM OR IN REM OR BASED ON CONTRACT, TORT, STATUTORY, CONSTITUTIONAL OR OTHER LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO ALLEGED VIOLATION OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY LAWS, OR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT, THE BOOKING OF THE CRUISE, INCLUDING BUT NOT LIMITED TO SHORE EXCURSIONS, OR GUEST’S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN THE GUEST AND CARRIER, IN WHICH GUEST OR ANY OTHER CLAIMANT ASSERTS DAMAGES FOR MORE THAN $8,000.00 (EXCLUDING ATTORNEY FEES, COSTS, AND INTEREST, WHICH ARE NOT INCLUDED TO DETERMINE THE AMOUNT AT ISSUE) SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE UNITED NATIONS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“THE CONVENTION”) AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) SOLELY IN PALM BEACH COUNTY, FLORIDA TO THE EXCLUSION OF ANY OTHER FORUM. GUEST HEREBY CONSENTS TO SUCH EXCLUSIVE JURISDICTION AND WAIVES ANY JURISDICTIONAL, VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ARBITRATION PROCEEDING IN PALM BEACH COUNTY, FLORIDA. THE ARBITRATION SHALL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND THE FEE SCHEDULE IN EFFECT AT THE TIME OF INITIATING THE PROCEEDING WITH NAM, WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. EACH PARTY SHALL BEAR THEIR OWN COSTS AND FEES ASSOCIATED WITH ANY SUCH FILING. IF YOU HAVE A QUESTION ABOUT THE ARBITRATION PROCESS OR TO OBTAIN A CURRENT COPY OF THE COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND/OR FEE SCHEDULE, YOU CAN CONTACT NAM AT: NATIONAL ARBITRATION AND MEDIATION, ATTENTION CLAIMS DEPARTMENT, 990 STEWART STREET, FIRST FLOOR, GARDEN CITY, NY 11530, TELEPHONE NUMBER (800) 358-2550.
NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL NOR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CARRIER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION UNDER THE CONVENTION OR FAA. GUEST AND CARRIER FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF THE GUEST ASSERTING THE CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. THE ARBITRATOR AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS CONTRACT INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THIS CONTRACT IS VOID OR VOIDABLE. IN THE EVENT THIS PROVISION IS DEEMED UNENFORCEABLE BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION FOR ANY REASON, THEN AND ONLY THEN THE PROVISIONS OF SECTION 9(A) ABOVE GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS SECTION.
(d) In Rem Proceeding. IN THE EVENT OF AN IN REM PROCEEDING AGAINST THE VESSEL, GUEST HEREBY IRREVOCABLY AGREES THAT THE POSTING OF A LETTER OF UNDERTAKING FROM ANY OF CARRIER'S INSURERS SHALL CONSTITUTE AN ADEQUATE AND APPROPRIATE FORM OF SECURITY FOR THE IMMEDIATE RELEASE OF THE VESSEL IN LIEU OF ARREST.
11. INDEPENDENT CONTRACTORS
(a) Off-Vessel Activities and Transport. Guest recognizes and agrees that, if and when Carrier makes arrangements for Guest for air transportation, hotel accommodations, ground transfers, shore excursions, medical care and/or for other transportation, activities, services, facilities or amusements occurring off of the vessel, the Carrier does so solely for the convenience of the Guest, the Carrier does not act on behalf of or supervise the parties or persons who own, furnish, or operate such conveyances, services or facilities, and the same are provided by independent contractors who work directly for the Guest and Guest is subject to such terms, if any, appearing in the tickets, vouchers or notices of such party or parties. The Guest therefore agrees that the Carrier assumes no responsibility for, nor guarantees the performance of, any such person, party, contractor, service or facility, and that the Carrier shall not be liable for losses or injuries arising from the acts or omissions of such person, party, contractor, service or facility. Even if the Carrier shall be entitled to charge a fee and earn a profit for arranging such services, all such persons or entities shall be deemed to be independent contractors and not acting as agents or representatives of the Carrier.
(b) Independent Contractors on the Vessel. The Guest recognizes that the persons providing personal services offered on the Vessel, including but not limited to, hairdressers, manicurists, personal trainers, and/or massage therapists are independent contractors who work directly for the Guest, and that the Carrier shall not be held liable for any loss or injury arising from the performance of such services.
(c) Payment for Optional Services. Such parties or persons described in Sections 11(a) and 11(b), above, shall be entitled to charge for any service performed for or on behalf of the Guest and the cost of such service shall be the sole responsibility of the Guest.
(d) Carrier’s Acceptance of Fee for Independent Contractor Services. Notwithstanding that the Carrier, at the Guest’s option, arranges for services, including but not limited to, air transportation, hotel accommodations, shore excursions and other services with independent suppliers of such services, the Guest understands and agrees that the Carrier earns a fee on the sale of such optional services.
(e) Indemnity for Services Provided by Independent Contractors. Guest acknowledges and agrees that in the event the Carrier is found liable to pay damages to Guest based on the negligence or other wrongful conduct of any person or entity other than the Carrier, or is found liable to any other person or entity based on Guest’s conduct, whether by way of joint and several liability or otherwise, the Guest will indemnify and hold Carrier harmless for any and all such conduct and/or damages. This agreement to indemnify and hold the Carrier harmless shall specifically include, without limitation, all medical services provided on or off the vessel, as well as all shore excursions, transportation or other facilities or activities provided or furnished by any person or entity other than Carrier.
12. MEDICAL SERVICES AND FACILITIES.
(a) Medical Services. Guest recognizes and agrees that the Carrier is not in the business of providing medical services and/or operating medical facilities. If the Vessel provides a physician, or if the Vessel is required to request emergency or other medical care or evacuation for the Guest or on the Guest’s behalf (“Medical Services”), it is understood and agreed that the Carrier does so solely for the convenience of the Guest, that such Medical Services are provided by medical professionals who work directly for the Guest, and shall not be considered in any respect whatsoever, as the employee, servant or agent of the Carrier, and that the Carrier does not undertake to supervise, nor does it supervise or direct the actions of the person(s) providing such Medical Services. Guest thus agrees that the Carrier cannot guarantee the performance of such Medical Services, and that the Carrier shall not be liable for losses or injuries incurred or arising from said services.
(b) Payment for Medical Services; Guest Indemnification of Carrier. Persons or entities providing Medical Services shall be entitled to charge for any service performed for or on behalf of the Guest, and the cost of such Medical Services shall be the sole responsibility of the Guest. The Guest hereby agrees to reimburse and indemnify the Carrier for any funds advanced on account of any such charges.
13. CARRIER’S RIGHT TO INCREASE FARES, INCREASE OR ESTABLISH CHARGES FOR GOODS AND SERVICES, CANCEL OR CHANGE VOYAGE, CHANGE STATEROOM ASSIGNMENT AND PERFORM CONSTRUCTION OR REPAIRS
(a) Right to Increase and/or Correct Fares. Subject to applicable laws, Carrier reserves the right to increase published fares without prior notice. However, fully paid or deposited Guests will be protected, except for fares listed, quoted, advertised or booked in error, fuel supplements, taxes, fees and port expenses, other surcharges and changes to deposit, payment and cancellation terms/conditions, which are subject to change without notice. In the event that a cruise fare listed, quoted or advertised through any website, Carrier’s sales person, Travel Agent or any other source is booked but is incorrect due to an electronic error, typographical error, human error or any other error causing the fare to be listed, quoted or advertised for an amount not intended by Carrier, Carrier reserves the right to correct the erroneous fare by requesting Guest to pay the correct Cruise Fare intended, or by canceling the Cruise in exchange for a full refund, but in no event shall Carrier be obligated to honor any such booking resulting from the error or otherwise be liable in such circumstances.
(b) Promotional Fares. Carrier reserves the right to offer promotional cruise fares that require a minimum occupancy requirement per cabin. When the booked Cruise Fare is contingent on a minimum occupancy requirement per cabin, cancellation by one or more Guests in a cabin may cause an adjustment to the remaining Guests booked Cruise Fare based on the prevailing and available rate at the time of the cancellation (“Recalculated Fare”). Final payment in full of the Recalculated Fares for all remaining Guests in a cabin is due by 11:59:59 p.m. EST on the eve before the start of the cancellation penalty period. Failure to make timely final payment in full of the Recalculated Fares by all remaining Guests in a cabin will result in automatic cancellation of the reservation for the entire cabin.
(c) Right to Cancel. Carrier has the right without previous notice to cancel this Contract at the port of embarkation or any time during the Voyage if the Vessel experiences a mechanical failure or for any other reason and shall thereupon return to Guest, if the Contract is completely canceled, his Cruise Fare, or, if the Contract is partially canceled, a proportionate part thereof. Under such circumstances, Carrier shall have no further liability for damages or compensation of any kind.
(d) Right to Change Duration of Cruise and Itinerary. Carrier may change the duration and/or itinerary of the Cruise at any time. The Vessel shall be entitled to leave and enter ports with or without pilots or tugs, to tow and assist other vessels in any circumstances, to return to or enter any port at the Master’s discretion and for any purpose, and to deviate in any direction or for any purpose from the direct or usual course, and to omit or change any or all port calls, arrival or departure times, with or without notice, for any reason whatsoever, including but not limited to health and safety, security, adverse weather, hurricanes, tornadoes, strikes, tides, hostilities, civil unrest, port closings, emergency debarkations of Guests or crew, late air, sea, car or motor coach departures or arrivals, mechanical breakdowns, declared pandemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies, US or foreign governmental advisories or travel warnings, all such deviations being considered as forming part of and included in the proposed Voyage. Except as provided in Section 12(c) with respect to mechanical failures, Section 5(e) for COVID-19, as provided in Carrier’s change of itinerary policy in effect when the Guest or Guest’s agent accepts the terms of this Contract, or as required by federal regulations, Carrier shall have no liability for any compensation or other damages in such circumstances for any change in itinerary, ports of call, ports of embarkation and debarkation, and/or duration of the Cruise (including a longer than planned duration of the Cruise due to port closings) (Carrier’s change of itinerary policy can be found at Carrier's Website).
(e) Right to Cancel or Terminate Cruise. Except as provided in Section 12(c) with respect to mechanical failures, Section 5(e) for COVID-19, or as required by federal regulations, if the performance of the proposed Voyage is hindered or prevented (or in the opinion of Carrier or the Master is likely to be hindered or prevented) by war, hostilities, blockage, ice, labor conflicts, adverse weather conditions, strikes on board or ashore, Rulers or People (including but not limited to orders by governmental agencies restricting travel due to declared pandemics, epidemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies) seizure under legal process, breakdown of the Vessel, congestion, docking difficulties or any other cause whatsoever or if Carrier or the Master considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the port of Guest’s destination may expose the Vessel to risk or loss or damage or be likely to delay her, the Guest and his Baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call, at which time the responsibility of Carrier shall cease and this Contract shall be deemed to have been fully performed, or if Guest has not embarked, Carrier may cancel the proposed Voyage without liability to refund passage money or Cruise Fares paid in advance.
(f) Compliance with Government Orders. Carrier and the Master shall have liberty to comply with any orders, recommendations or directions whatsoever given by the Government or Department of any nation or by any person acting or purporting to act with the authority of such Government or Department or by any Committee or person having under the terms of the War Risks Insurance on the Vessel the right to give such orders, recommendations or directions, and if by reason of, and in compliance with any such orders, recommendations or directions anything is done or is not done the same shall not be deemed a deviation or a breach of this Contract. Disembarkation of any Guest or discharge of Baggage in accordance with such orders, recommendations or directions shall constitute due and proper fulfillment of the obligation of Carrier under this Contract.
(g) Right to Impose or Increase Charges and Eliminate Goods and Services. Guest agrees and acknowledges that Carrier may, at any time and without notice, impose charges for, increase charges for and/or eliminate goods and services, other than what is included in your Cruise Fare, without liability to Guest. These additional charges are exclusive of your Cruise Fare. The goods and services offered or available during the Cruise, may differ from goods and services previously offered or available on prior cruises and/or what was advertised on Carrier’s Website, commercials, in other printed media, and/or in prior verbal discussions.
(h) Right to Perform Repairs and Vessel Upgrades. Carrier reserves the right to periodically perform repairs to the Vessel and/or perform construction on the Vessel to alter, amend or remove any appurtenance, amenity or facility on the Vessel. Guest acknowledges that such repairs, alterations, amendments or removal of any appurtenance may occur during the Cruise and agrees that Carrier shall not be liable to Guest for a refund, of any portion of the Cruise Fare, full, partial or otherwise, nor shall Guest have any legal or equitable cause of action relating thereto.
14. SPECIAL NEEDS; FITNESS TO TRAVEL; GUESTS UNDER 18; MINORS; PREGNANCY
(a) Nature of Voyage and Limitations of Onboard Medical Care. Guest admits a full understanding of the character of the Voyage and the Vessel and assumes all risks incident to travel and transportation and handling of Guests and cargo. While at sea or in port the availability of medical care may be limited or delayed. Guest acknowledges that all or part of their Voyage may be in areas where medical care and evacuation may not be available. Guest agrees to indemnify and reimburse Carrier in the event Carrier elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith. Guests who embark in violation of the Contract terms assume all associated risks and agree to indemnify and reimburse Carrier for all resulting losses, costs and expenses, including without limitation those related to the Vessel’s deviation from its scheduled route, and other expenses attributable to disembarkation of such Guests. Guests are further advised to refer to Sections 5 and 6 which specify their responsibilities and obligations in these situations.
(b) Fitness to Travel. Guest warrants that Guest and Guest’s travelling party are physically and emotionally fit to travel at the time of embarkation, and further warrants that such Guests have no medical or emotional condition that would endanger any Guest or crewmembers or result in a deviation of the voyage. All Guests are strongly encouraged to contact their treating physician to discuss their health concerns, before travelling. Carrier reserves the right to terminate a Guest’s Cruise at any time, at the risk and expense of the Guest disembarked, when in the opinion of Carrier, Guest is considered to be a danger to himself or a disturbance or danger to others.
(c) Special Needs. Any condition of Guest that may require an accommodation or special request or need of any kind should be reported to Carrier by Guest when a reservation is requested so that Carrier has sufficient time to determine whether the accommodation or special request or need can be met on the Vessel and, if so, to allow sufficient time to arrange Guest’s accommodation, special attention or need. Guest acknowledges that if Carrier is not notified of Guest’s accommodation in sufficient time to arrange for the accommodation, special attention or need, Guest may not be able to be accommodated. Guests with special needs are advised that certain international safety requirements, shipbuilding requirements, and/or applicable regulations may cause difficulty for persons with mobility-impairments or persons with severely impaired sight and/or hearing. Guests requiring the use of a wheelchair must provide their own as any wheelchairs available on the Vessel are for emergency use only. For the convenience and comfort of such Guest, you are strongly encouraged to bring a collapsible wheelchair. Guest acknowledges that standard cabins are not designed to be barrier free and wheelchair accessible.
(d) Service Animals. Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Any service animal must be under the control of its handler at all times. Guest will be responsible for obtaining all required documentation for service dogs to depart the Vessel in ports of call. These documents must be carried on the Vessel, and a copy left with Guest Relations Desk once onboard. Guest is solely responsible for obtaining all required permits and costs related to the permits. Guests should notify Carrier, no less than fourteen (14) days prior to the Cruise, of the Guest’s intention to bring a service dog and agrees to accept full responsibility for any expense, damage, losses, or injuries associated with or caused by such animal.
(e) Pregnancy. The Guest agrees not to present herself for boarding under any circumstances if, by the time the Guest will conclude her travel with the Carrier, she will have entered the 24th week of pregnancy. Application for passage from an expectant mother must be accompanied by a medical certificate establishing her fitness for travel.
(f) Infants. The Guest further understands and agrees that infants sailing onboard the Vessel must be at least six (6) months of age at time of sailing.
(g) Limited Medical Care. Guest acknowledges that medical care while on a vessel may be limited or delayed and that the Vessel may travel to destinations where medical care is unavailable. Guest further acknowledges that there may be circumstances beyond Carrier’s control which may prevent or delay a medical evacuation or disembarkation.
(h) Safety. Guest assumes responsibility for his/her own safety and Carrier cannot guarantee Guest’s safety at any time. The United States Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations regularly issue advisories and warnings to travelers and Carrier strongly recommends Guest obtain and consider such information when making travel decisions. Carrier assumes no responsibility for gathering such information.
(i) Refusal of Passage, Quarantine and Confinement. Guest recognizes and agrees that the Carrier reserves the right, without incurring liability of any kind, to refuse or revoke passage to, or confine to a stateroom, any Guest who, in the sole judgment of the Carrier or Vessel’s medical personnel, and based upon an individualized assessment is in such physical or mental condition to be unfit for travel, may require medical treatment and attention beyond which is available aboard the Vessel, or may be refused admission into a port of landing or into the country of destination, or may be suffering from a contagious disease, or for any other cause may endanger themselves or others, or become obnoxious to others. Any Guest who is refused passage or otherwise denied any advertised benefit or service under this Section shall not be entitled to receive any compensation whatsoever and shall become liable for any resulting expenses incurred by the Carrier.
15. VESSEL AND VOYAGE
(a) Acceptance of Risks. Guest admits and acknowledges that travel by ocean-going vessel occasionally presents risks and circumstances beyond the ability of the Carrier to reasonably control or mitigate. Guest admits a full understanding of the nature and character of the Vessel and assumes all risks of travel, transportation and handling of Guests and Baggage. Except as otherwise provided herein, Guest assumes the risk of and agrees that the Carrier shall not be liable for (a) injury, death, or delay of or to the Guest or (b) loss, damage or delay to the Guest’s Baggage, effects or property arising from, caused, or in the judgment of the Carrier rendered necessary or advisable by reason of any act of God or public enemies, arrest, restraints of governments or their departments or under color of law, piracy, war, revolution, extortion, hijacking, bombing, threatened or actual rebellion, insurrection, civil strife, fire, explosion, collision, stranding, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, lack of water or passageway in channels or canals, theft, accident to or from machinery, boilers or latent defects even though existing at embarkation or commencement of voyages, barratry, desertion or revolt of crew, seizure of vessel by legal process, strike, lockout or any labor disturbances whatsoever, whether or not such strike, lockout or labor disturbances result from a dispute between the Carrier and its employees or between other parties, whether or not of like or of similar character to the foregoing. Under any such circumstances the Voyage maybe altered, shortened, lengthened, or cancelled in whole or in part without any liability to the Carrier for a refund or otherwise.
(b) Substitution or Refund. If the Vessel is prevented for any reason whatsoever, including fault of Carrier, from sailing on or about the scheduled or advertised day, Carrier shall have full liberty to substitute any other vessel whether owned, chartered or operated by it and to re-berth Guests thereon, or at Carrier's option to make refund of Cruise Fare paid or a pro-rated portion thereof, without any further liability for damages or losses of any kind whatsoever.
(c) Change of Itinerary. Carrier shall have full liberty to proceed without pilots and tow and to assist vessels in all situations, to deviate from the direct or customary course in the interest of Guests or of the Vessel, or to save life or property; to put in at any unscheduled or unadvertised port; to omit or delay landing at any scheduled or advertised port; to put back to port of embarkation or to any port previously visited if Carrier shall deem prudent, all without incurring any liability to the Guest on account thereof.
16. GUEST’S TRAVEL AGENT
Guest agrees that any travel agent used by Guest in connection with the booking and/or purchase of the Cruise or issuance of this Contract is, for all purposes, solely Guest's agent and not Carrier’s agent. Carrier shall not be liable for any representation, insolvency, or other conduct by the Travel Agent, including but not limited to such agent’s failure to remit any portion of the Cruise Fare to the Carrier, or any refund to the Guest. Guest remains liable for the cost of the Ticket and Carrier is not responsible for the financial condition and integrity of any travel agent or other paying agent. Guest agrees that receipt of any refunds or notices by the Guest’s Travel Agent, including this Contract, shall constitute receipt by Guest. In the event that a travel agent shall fail to remit to Carrier any monies paid to the agent by Guest, Guest shall be and remain liable for the fare due to Carrier, regardless of whether liability is asserted before or after embarkation. Issuance and validity of the Ticket is conditional upon final payment being received by Carrier prior to sailing. Any refund made by Carrier to an agent on behalf of Guest shall be deemed payment to Guest, regardless of whether the monies are delivered by the agent to Guest. Receipt of this Ticket, any other documentation or notification pertaining to the Cruise by Guest’s Travel Agent shall constitute receipt by Guest.
17. USE OF GUEST’S LIKENESS
(a) Exclusive Right to Use Guest’s Likeness. Carrier has the exclusive right to include photographic, video and other visual portrayals of Guest in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without Guest’s consent and/or compensation to Guest, and all rights, title and interest therein (including all copyrights therein) shall be Carrier's sole property, free from any claims by Guest or any person deriving any rights or interest from Guest. Guest’s consent extends to minors and other persons in the care and charge of Guest.
(b) Limits on Commercial Use of Portrayals Taken Aboard the Vessel. Guest agrees that any recording (whether audio, video or otherwise) or photograph of Guest, other guests, crew or third parties aboard the Vessel or depicting the Vessel, its design, equipment or otherwise, shall not be used for any commercial purpose, in any media broadcast or for any other financial gain personal or otherwise, without the express written consent of the Carrier. The Carrier shall be entitled to take any legal and reasonable measures including but not limited to injunctive relief, to enforce this Section.
18. GUEST REFUNDS AND CANCELLATION FEES
Depending on when the Cruise is cancelled, cancellation charges will be assessed pursuant to the terms and conditions on Carrier’s Website, or as otherwise provided herein in Section 5 above or as otherwise provided by law and cancellation charges are subject to change without notice. Except as otherwise expressly provided herein or on Carrier’s Website, no refunds will be made in the event of “no shows,” unused tickets, lost tickets, partially used tickets, or cancellations received late or after the start of the Cruise. Group Guest policies may differ, and payment and cancellation charges may differ by promotion. Guest should refer to his/her Travel Agent, group booking agreement or promotion for specific terms and conditions. Cancellation charges for individual bookings will be assessed as listed below.
Applies to the following types of sailings/vacations:
- 3-Day / 2-Night Cruise
- 4-Night Cruise & Stay
- 6-Night Cruise & Stay
- Group Cruise Reservation
- Group Cruise and Stay Reservations
|More than 60 days prior to sailing
|59 - 46 days prior to sailing
|50% total fare paid or standard deposit amount (whichever is greater)
|45 - 31 days prior to sailing
|75% total fare paid or standard deposit amount (whichever is greater)
|0 - 30 days prior to sailing
|100% of total fare
- 3-Day / 2-Night Cruise: NO DEPOSITS
- 4-Night Cruise & Stay: $200 per person at time of booking (Final Payment is due 75 days prior to sailing)
- 6-Night Cruise & Stay: $250 per person at time of booking (Final Payment is due 75 days prior to sailing)
- 3-Day / 2-Night Cruise: $75 per person at time of booking for Interior and Ocean View; $150 per person for Suites (Final Payment is due 60 days prior to sailing)
- 4-Night Cruise & Stay: $150 per person at time of booking (Final Payment is due 75 days prior to sailing)
- 6-Night Cruise & Stay: $150 per person at time of booking (Final Payment is due 75 days prior to sailing)
- Please refer to your Group Proposal for the most accurate and updated policies
Fees for Sailing Date Changes
MVAS will charge a $25 per booking Administrative Fee (regardless of the number of cabins) plus fare difference if the rate for the modified cruise is higher for guests who change or reschedule the date of the Cruise up to 8-days prior to sailing.
Guests are not permitted to change or reschedule their sailing date within 7-days or less prior to sailing. Changing or rescheduling a sailing date within 7-days or less constitutes a cancellation and shall be subject to MVAS’ cancellation policy, but a guest may elect to reinstate their sailing as a one-time courtesy subject to a $150.00 Reinstatement Fee plus taxes and fare difference when guests reinstate a booking at a higher cruise fare. This fee is charged per Cabin.
Fees for Adding or Substituting Guests
- There is no Administrative Fee when a new guest is added to an existing booking.
- There is a $25 Administrative Fee to substitute a guest on an existing booking up to 48-hours prior to sailing.
- There is a $50 per person Change Fee to substitute a guest within 48-hours prior to sailing.
- Substituting all guests on a reservation constitutes a cancellation subject to MVAS’ cancellation policy.
Cancellation Due to Non-Payment (Auto Cancellations)
Select cruise products are eligible for deposits at the time of initial booking (i.e., Cruise and Stay bookings, Group bookings).
For bookings that are not paid in full in advance of the following periods identified below, then the bookings will be subject to automatic cancellation with no refunds provided for either 50% total fare paid or standard deposit amount (whichever is greater):
- Cruise & Stay: Final payment is due 60 days prior to sailing, bookings not paid in full 60 days in advance of sailing will forfeit existing payments made and applied to the booking.
- Groups: Final payment is due 60 days prior to sailing, bookings not paid in full 60 days in advance of sailing will forfeit existing payments made and applied to the booking.
MVAS Will Not Refund Cruise Fare for No Shows, Denials of Boarding, and Auto Cancellations
Taxes, Fees and Port Expenses are Refundable – MVAS will only refund taxes, fees, and port expenses to any guest who did not sail because he/she was a no show or denied boarding. The booking must be canceled in each case and the taxes, fees, and port expenses per person will be refunded to the credit card on file.
Fees for One-Time Courtesy Reinstate/Rebook Missed Sailings
- MVAS offers a one-time courtesy reinstatement for guests who miss their cruise subject to a $150.00 Reinstatement Fee plus taxes and fare difference when guests reinstate a booking at a higher cruise fare.
- No Reinstatement Fee applies if MVAS should cancel a cruise for any reason, but guests may pay fare difference if the rebooking is at a higher cruise fare.
GovX and VCS Bookings
MVAS will not charge any change fees for members who are modifying their sailing due to deployment. For members who are modifying their sailing for other reasons, the following fees apply.
- More than 60 Days prior to Sailing: $0.00 Per Booking
- 59 - 8 Days prior to Sailing: $25.00 Per Booking (fare difference when/where applicable)
- Less than 7 Days prior to Sailing is not permitted and will constitute a cancellation
- Adding a Guest: $0.00
- Changing more than 48 Hours to Sailing: $25.00 Per Booking
- Changing less than 48 Hours to Sailing: $50.00 Per Person
No Shows & Denied Boarding
- Guest must call Customer Service within 24-hours. Booking reinstatement will incur a $150 fee per cabin, plus fare difference when applicable.
19. USE OF GUEST’S CONTACT INFORMATION.
Guest agrees that any email address, telephone number, or mailing address provided to Carrier during the booking or pre-cruise process by or on behalf of such Guest (“Guest Contact Information”) may be used by Carrier as the email address, telephone number, or mailing address for such Guest, whether or not the Guest Contact Information in fact includes Guest’s individual email address, telephone number, or mailing address. Guest consents to and agrees that Carrier may use the Guest Contact Information to give any notice or information relating to Guest’s reservation, booking, or Contract and that Carrier’s communication of any notice or information by use of the Guest Contact Information shall constitute notice to Guest. Guest further consents to and agrees that Carrier may communicate with any person contacting Carrier from any Guest Contact Information concerning Guest’s reservation, booking, or Contract. GUEST HEREBY RELEASES AND FOREVER DISCHARGES CARRIER, AND CARRIER’S EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND CONTRACTORS, FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTIONS OR SUITS ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO (i) CARRIER’S USE OF THE GUEST CONTACT INFORMATION TO PROVIDE NOTICES OR INFORMATION TO GUEST, OR; (ii) CARRIER’S COMMUNICATIONS WITH ANY PERSON WHO CONTACTS CARRIER FROM ANY COMMUNICATION METHOD PROVIDED BY THE GUEST AS THE GUEST’S CONTACT INFORMATION CONCERNING GUEST’S RESERVATION, BOOKING, OR CONTRACT.
21. SURVEILLANCE, RECORDINGS, AND PERSONAL DATA
(a) Surveillance. Carrier may use surveillance onboard the Vessel for, among other things, facilitate and expedite Guest’s embarkation and/or debarkation and for health and safety purposes. Guest acknowledges and agrees that such devices may record videos and images of the Guest that may be stored and used as deemed necessary by Carrier to comply with the law, regulations, governmental requests or orders, or any legal investigation or claims process.
(b) Recording of Calls to and from Carrier. Guest understands, acknowledges and agrees that calls made to and from Carrier may be recorded for the purposes of training and monitoring services provided by Carrier and in resolving disputes between Guest and Carrier.
21. GUEST’S OBLIGATIONS FOR CERTAIN EXPENSES.
(a) Guest’s Onboard Account May be Charged. Carrier hereby reserves the right to charge Guest’s credit and/or debit card on file and Guest agrees to be charged if Carrier incurs any expense or damage sustained as delineated in, but not limited to, Sections 4-7, 14-15, and 22 and this Section except as expressly set forth herein or as provided by law.
(b) Guest May Be Charged if Guest Disembarks the Vessel. Except as expressly set forth herein or as provided by law, if Guest is denied boarding, confined to any area of the Vessel, or disembarked from the Vessel pursuant to any term or condition of this Contract, including but not limited to Sections 4-7, 14-15, and 22, Guest agrees that: (i) Carrier will not be liable for any refund of Cruise Fare, other compensation or any damages whatsoever; (ii) disembarkation and repatriation to the embarkation port or any other destination will be at Guest’s sole expense; and, (iii) to indemnify Carrier and Carrier may charge Guest’s onboard charge account for any and all expenses incurred by Carrier arising out of, concerning and/or relating to Guest’s disembarkation and/or repatriation.
22. Guest’s Reimbursement for Fines, Expenses, Debts and Damages
(a) Guest’s Reimbursement of Fines. The Guest shall be liable to and shall reimburse Carrier for any fines or penalties imposed on Carrier by any government, governmental agency or official, port or port official, or for expenses or losses caused or incurred for Guest’s negligent or intentional act or omission or Guest’s failure to observe or comply with local requirements concerning immigration, border patrol, customs and excise, agriculture, health, environment or any other government regulation whatsoever, including Guest’s failure to board the Vessel prior to the scheduled departure time at any port, and the Guest shall be liable for any and all losses and fines caused by their actions concerning illegal dumping or pollution of any kind, including discharge of any item into the ocean and/or waterways. For Guests who embark the Vessel in violation of the Contract terms, any/all resulting damages, losses, costs, expenses, credits, refunds and related claims, including without limitation those related to a deviation of the Vessel to disembark such Guests, shall be the sole responsibility of the Guest.
(b) Guest Liability to Reimburse Carrier for Misconduct. The Guest or Guest’s estate shall be liable to and shall reimburse Carrier for all deviation expenses (including loss of revenue), fines or penalties, damages to the Vessel, its furnishings, operations or equipment, or any property of Carrier caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or any minors traveling with the Guest, including discharge and release of any unauthorized item overboard, without the express permission of the Vessel’s staff. The Guest or Guest’s estate shall defend and indemnify Carrier and the Vessel, their servants and agents against liability which Carrier or the Vessel or such servants or agents may incur towards any person, company or Government for any damage to property, personal injury or death caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or minors traveling with Guest.
(c) Lien on Guest Property. Carrier and the Vessel shall have a lien upon all Baggage, valuables, money and other property whatsoever accompanying the Guest and the right to sell the same by public auction or otherwise for all sums whatsoever due from the Guest under this Contract and for the costs and expenses of enforcing such lien and such sale.
23. SUPPLEMENTAL CHARGES
Carrier reserves the right to impose a supplemental charge relating to unanticipated occurrences, including but not limited to, increases in the price of fuel. Any such supplements may apply at Carrier’s sole discretion, to both existing and new bookings (whether the booking has been paid in full or not). Such supplements are not included in the Cruise Fare.
Should any provision of this Contract be contrary to or invalid by virtue of the law of any jurisdiction in which this contract is attempted to be enforced, or for any other reason, said provision is deemed to be severed from this contract and shall be of no effect, but all remaining provisions herein shall remain in full force and effect.
25. WRITTEN NOTICES
Except as otherwise expressly noted in this Contract, all written notices required by this Contract must be mailed to:
MARGARITAVILLE AT SEA
ATTN: Legal Department
420 South Orange Avenue
Orlando, Florida 32801