THIS IS AN IMPORTANT AND LEGALLY BINDING DOCUMENT. PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THESE TERMS AND TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE DIGITAL PLATFORMS.
Who We Are
As used in the Terms and on the Site, “Margaritaville at Sea, Site, We, Us” refers to Classica Cruise Operator Ltd., with headquarters located at 431 Fairway Drive, Suite 300, Deerfield Beach, Florida 33441. If you have any questions about these Terms, the Privacy Notice or the Site, you may contact us via the Customer Service information provided on the Site.
These Terms, together with the Privacy Notice and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the Company regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
These Terms May Change; Changes to the Site
We reserve the right to withdraw or amend the Site and any material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site.
You are responsible for making all arrangements necessary for you to have access to the Site (including but not limited to obtaining any necessary hardware and operating system software, or any internet connectivity that may be required to access the Site).
We also reserve the right, at our discretion, to update, modify or change these Terms at any time. We also reserve the right, at any time, to modify or update our Privacy Notice in the same manner. You confirm your acceptance of the modifications or updates by continuing to use the Site.
Your VIP Registration / Account
You may be required to register with Us to access certain services or areas of the Site. Our Privacy Notice explains how we protect and use your information. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel your booking.
The Site, including all of its information and contents such as photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software and the code used to generate the pages on the Site (collectively, the “Materials”), is the property of Classica Cruise Operator, Ltd. or that of Our authorized suppliers or licensors, and is protected by intellectual property and other applicable laws in the United States and/or abroad. Our intellectual property is registered in the United States and abroad. Except as otherwise provided on the Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Materials from the Site in whole or in part for any public or commercial purpose without specific prior written permission from Classica Cruise Operator, Ltd., We are the owner and/or authorized user of the Margaritaville at Sea brand as well as any other registered or unregistered trademarks, trade names, logos, designs, titles and product names appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. You may not use any metatags or any other “hidden text” utilizing any of Our names or trademarks without Our express written consent.
Use of the Site
We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal use of the Site and the Materials and other information contained on the Site. This license does not include any resale or commercial use of the Site; any collection and commercial use of any photographs or other Materials published on the Site; any non-personal use of Our product names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or the Materials for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by Us and/or our suppliers and licensors. The licenses granted by Us to you automatically terminate if you do not comply with these Terms.
You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, We prohibit certain kinds of conduct that may be harmful to other users or to Us. When you use the Site, you may not:
The Site may allow you to upload, submit, store, send, or receive content and data such as comments, reviews and photos (“User Content”). You may also submit User Content in the other ways that you interact with Us such as through social media, by email, by phone, and otherwise. You retain ownership of any intellectual property rights that you hold in that User Content.
When you upload, post, submit, send, or receive any User Content to or through the Site, you give Us permission to reproduce and use your User Content as follows: you grant to Us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving the Site, to develop new products and services, and for other Classica Cruise Operator, Ltd. marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Classica Cruise Operator, Ltd. or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site.
You promise that:
We may refuse to accept or transmit User Content for any reason with or without notice. We may remove User Content from the Site for any reason with or without notice.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that a work on the Site constitutes copyright infringement, please provide a written communication with the following information to Our Designated Agent named below:
Our Designated Agent for notice of claims of copyright infringement can be reached at:
CT Corporation System
1200 South Pine Island Road
Plantation, FL 33324
For clarity, only copyright infringement notices should go to our Designated Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
The Site may include open source components, which are licensed for use and distribution under applicable open source licenses. Use of any open source components is governed by and subject to the terms and conditions of the applicable open source license.
Hyperlinks to other Sites
To the extent our Site contains hyperlinks to outside services and resources, the availability and content of which Classica Cruise Operator, Ltd. does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
Linking Policy Generally
You may link to any part of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party digital platforms linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Digital Platforms.
Linking Policy for Travel Agents
The Company encourages links to its Site by bona fide travel agents. Any such links to the Site must comply this Linking Policy.
Unless the Company provides the travel agent with prior authorization, in writing, any link to the Site must use or include a Company trademark. The Company grants travel agents a limited license to use these logos for the specific purpose of creating and use such a link, but this limited license does not transfer title in any trademark(s). The Company trademark(s) may only be used as an active link to the Site.
Travel agents may not use the Company trademark(s) to imply that any portion of the Company has sponsored or endorsed a travel agent digital platform(s) without receiving the prior written permission of the Company.
Further, travel agents may not alter Company trademark(s) in any way, including proportions or colors, and may not animate or morph the Company trademark(s) to change their appearance.
Travel agents may also not use the Company trademark(s) on any digital platforms which, in the Company’s sole discretion, disparages the Company or its affiliates, or their respective products or services.
Company trademark(s) may only be used on Digital Platforms which, in the Company’s sole discretion, make accurate references to the Company and its products and/or services. The Company trademark(s) must be placed on the same page as the reference to the Company and as close to any such reference as feasible.
Any link to the Company’s Site must only be to that site’s home page. No “deep linking” to other pages on the Company’s Site is permitted without the Company’s prior written consent.
The Company may, in its sole discretion, terminate a travel agent’s right to use Company trademark(s) at any time. The Company may take action against any use of the Company trademark(s) that does not conform to these policies or that infringes any right held by the Company and will actively seek the recovery of any costs it may incur preventing any such misuse or damages that may result from such misuse.
Disclaimer; No Warranties; Limitation of Liability
The Company has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Site. We assume no liability or responsibility for any errors or omissions in the content of any Company Site. The Company is not responsible for pricing, typographical, or other errors and reserves the right to cancel without liability any bookings made at erroneous rates.
While the Company may make changes to the information in the Site or to any Company service or product at any time without notice, the Company makes no commitment to update the information on the Site.
THIS SITE AND ALL CONTENT AVAILABLE ON THE SITE, THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS SITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT CLASSICA CRUISE OPERATOR, LTD. AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR OUR MOBILE APPLICATIONS.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLASSICA CRUISE OPERATOR, LTD. AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLASSICA CRUISE OPERATOR, LTD. AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLASSICA CRUISE OPERATOR, LTD. OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer.” This can include promotional activity associated with purchase of a product or service. These offers may be for a limited time only.
Sailings may be operated by the Company, or its affiliates. See your passenger ticket contract for the identity of the specific operator/carrier for your sailing.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order.
When you provide payment information in connection with a purchase on the Digital Platforms, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.
We may revise the pricing for products and services we offer. When you place your order, we may estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method may differ from the estimate provided.
Text Message Program Terms
We offer Our customers mobile alerts about promotions and other marketing messages about events, new products and services, and other offers by SMS message (the “Service”). By participating in the Service, you are agreeing to these Terms and to the Privacy Notice. Your use of Classica Cruise Operator Ltd.’s text message service is governed by this Text Message Program Terms (“Agreement”) which incorporates the terms of the cruise ticket contract as if restated herein. You must be at least 18 years old to use the Service, and if you are under18, your parent or legal guardian must have read and agreed to the below terms before subscribing.
Please read the terms and conditions contained in this Agreement carefully. Your use and continued access of the Service will constitute your ongoing agreement to this Agreement with its changes and revisions. For purposes of this Agreement “you” shall mean the owner or authorized user of the mobile device whose telephone number is submitted to subscribe to the Service. You further represent that you are authorized to accept these terms and conditions. If you cannot accept this Agreement, do not use the Service. This Agreement may be modified at any time without any prior notice. It is your responsibility to regularly check the site to determine if there have been changes to this User Agreement and to review such changes. Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice, in addition to Classica Cruise Operator Ltd.’s other remedies.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Before the Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Service and your agreement to these Terms. Classica Cruise Operator, Ltd.. reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
Messages You May Receive
Once you affirm your choice to opt in to the Service, your message frequency may vary. You may receive an alert when:
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Classica Cruise Operator, Ltd. may add or remove any wireless carrier from the Service at any time without notice. Classica Cruise Operator, Ltd. and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Classica Cruise Operator, Ltd. text the word STOP to 954-287-3447 any time or reply STOP to any of the text messages you have received from Classica Cruise Operator, Ltd. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Classica Cruise Operator, Ltd. and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Classica Cruise Operator, Ltd. through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.
You can text HELP for help at any time. This will provide you a link to the terms and conditions along with a phone number to call for assistance. You can also contact us at 1.800.814.7100.
Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify Classica Cruise Operator, Ltd. by emailing [email protected] or calling 1.800.814.7100.
Text Program Forum and Choice of Law Clause; Limitation on Time to Bring a Claim
This Agreement is governed by the laws of the state of Florida without giving effect to any conflicts of law principles. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Palm Beach County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein. Any delay or failure to enforce any term by Carnival shall not be deemed a waiver. Any cause of action must be brought within ONE YEAR of the date the claim arises.
From time to time there may be information on our Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Classica Cruise Operator, Ltd. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Classica Cruise Operator, Ltd. and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Dispute resolution, Arbitration Agreement & Waiver of Certain Rights
YOU AND CLASSICA CRUISE OPERATOR, LTD. AGREE THAT, EXCEPT AS SET FORTH BELOW, WE WILL RESOLVE ANY DISPUTES BETWEEN US (INCLUDING ANY DISPUTES BETWEEN YOU AND A THIRD-PARTY AGENT OF CLASSICA CRUISE OPERATOR, LTD.) THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS. YOU AND CLASSICA CRUISE OPERATOR, LTD. HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CLAIM (DEFINED BELOW). All controversies, claims, counterclaims, or other disputes arising between you and Classica Cruise Operator, Ltd. or you and a third-party agent of Classica Cruise Operator, Ltd. (a “Claim”) will be resolved exclusively by final and binding arbitration in accordance with the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and Classica Cruise Operator, Ltd. each waive any right to a jury trial. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Section of the Terms and Conditions will survive the termination of your relationship with Classica Cruise Operator, Ltd.
Arbitrator: The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. Rules of the AAA Rules. The arbitration will be heard and determined by a single arbitrator.
Fees: Any arbitration hearing will take place at a location to be agreed upon in Palm Beach County, Florida. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
This arbitration agreement does not preclude you or Classica Cruise Operator, Ltd. from seeking action by federal, state, or local government agencies. You and Classica Cruise Operator, Ltd. also have the right to bring qualifying claims in small claims court. In addition, you and Classica Cruise Operator, Ltd. retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
No Class Actions: Neither you nor Classica Cruise Operator, Ltd. may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim in any state or federal court. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Classica Cruise Operator, Ltd. individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CLASSICA CRUISE OPERATOR, LTD. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Limitation on Time to File Claims
Any action relating to the use of the Site, mobile applications, catalogs or any transaction with Classica Cruise Operator, Ltd. must be brought in the state or federal courts located in the County of Palm Beach, Florida. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Digital Platforms or the Company or to receive further information regarding use of the Digital Platforms.
We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please call our Customer Service Team toll-free at 1.800.814.7100 or email our team at [email protected], and we will be happy to assist you.