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The Ritz-Carlton Yacht Collection Ticket Contract
IMPORTANT NOTICE TO GUESTS:
THIS CRUISE CONTRACT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND CARRIER (AS DEFINED BELOW) AND CONTAINS IMPORTANT LIMITATIONS ON YOUR RIGHTS. PLEASE READ CAREFULLY ALL THE TERMS & CONDITIONS OF THIS AGREEMENT PAYING PARTICULAR ATTENTION TO PARAGRAPHS 8 AND 19 TO 25, WHICH LIMIT OUR LIABILITY AND YOUR RIGHT TO SUE.
The provisions of this Cruise Contract (also referred to as “Contract” or “Ticket”) represent the entire agreement between the Guest(s) and CARRIER. The Guest’s acceptance and/or use of the Ticket constitutes the Guest’s consent on behalf of him or herself and all other persons travelling under this Cruise Contract to be bound by the terms and conditions contained herein. The provisions contained herein supersede any oral or written representations or agreements relating to the subject matter of this Cruise Contract. Any change in these provisions must be in writing and signed by a corporate officer of CARRIER and may require a commensurate increase in fare.
The term “Yacht” includes the vessel named in the Ticket or any vessel substituted for the one named in the Ticket, and its tenders or any other means of conveyance owned, operated or managed by CARRIER in whole or in part.
The term “CARRIER” includes the Yacht, Cruise Yacht OpCo Ltd d.b.a. The Ritz-Carlton Yacht Collection, and its or their owners, charterer(s), parents, subsidiaries, affiliates, principals, agents, licensors, joint venturers and all employees, officers, crew members, pilots, and agents of such individuals, companies, and entities. Cruise Yacht OpCo Ltd d/b/a The Ritz-Carlton Yacht Collection operates under a license from The Ritz-Carlton Hotel Company, L.L.C. (“Ritz-Carlton”) and is not an affiliate of or related to Ritz-Carlton or its affiliates.
The term “CARRIER ENTITES” means CARRIER and Hotel Services Operator and their respective affiliates, employees and agents.
The term “Hotel Services Operator” means Luxury Hotels Management (BVI) Limited, the entity that provides hotel related services on the Yacht. The term “Carrier Suppliers” includes suppliers of goods and services, and includes but is not limited to caterers, concessionaires, physician and medical personnel, all shore excursion and/or tour operators, independent contractors, as well as designers, installers, and manufacturers of the Yacht or any component parts or tenders thereof, and to all of their respective agents, servants and employees.
The term “CARRIER ENTITIES’ AFFILIATES” includes any other company or entity that is in any way related to CARRIER or Hotel Services Operator in any manner, including but not limited to CARRIERs’ parent company, the Hotel Services Operator’s parent company, and their respective affiliates, officers, directors, agents, and employees of each or any of the foregoing.
The term “Guest” or “Guests” refers to a passenger on the Yacht and includes every person named on the face of the Ticket.
The term “Cruise Fare” means the amount paid for the Ticket as further described in Section 3.
The term "Property" means such belongings, effects and possessions, including Baggage, as the Guest may bring aboard the Yacht or acquired during the cruise, irrespective of whether the property is placed in the Guest's stateroom or worn by the Guest, or, stored in the Yacht's baggage room, holds, or safe against receipt therefor at the request of the Guest. It includes, but is not limited to, money, gold, jewelry, watches, precious stones and metals, securities, financial instruments, tickets, works of art, electronics, computers, digital or flash drive computer equipment, cellular telephones, camera/video/audio equipment or supplies, CDs, binoculars, dental hardware, eyewear, hearing aids, medications, medical equipment, and/or other valuables.
The term "Baggage" means the luggage, bag(s) or suitcase(s) in or by which the Guest contains and transports that property not worn or carried on the person on to and off of the Yacht.
The “Travel Protection Program” is an optional travel insurance program offered by CARRIER and available for purchase by Guests. The Travel Protection Program is available for purchase from the time of booking up until final payment and becomes effective when CARRIER receives payment of the required plan cost, in addition to any required cruise deposits or payments due.
Cruise Fare covers normal onboard services and facilities including suite accommodations, onboard meals, entertainment plus all non-alcoholic beverages, select wines and liquors and gratuities for housekeeping, dining and bar staff. The Cruise Fare does not include air fare, transfers, hotel accommodations, premium internet, meals in specialty restaurants and port fees, such as security, navigation, berthing, stevedoring and Baggage handling/storage charges, fuel surcharges, fees or charges imposed by governmental or quasi-governmental authorities, shore excursions, sightseeing or meals ashore, taxes, visa fees, laundry or dry cleaning, or any item or service whatsoever of a personal nature, such as medical treatment, expenses incurred on board or ashore in connection with medical treatment, medical condition, or medical debark, massage, spa services or hairstyling for which separate charges may be imposed. In addition, some premium champagne, wine, spirit selections and caviar are not included in your Crui se Fare. Cruise Fare also does not include miscellaneous charges levied by the airlines for services, including but not limited to Baggage, meals, special seat assignments or any other airline-provided service, which are the Guest’s responsibility. Details regarding such fees are available on the individual airlines' websites.
The Ticket is valid only for the Guest or Guests named on the Ticket for the date (the “Sailing Date”) and Yacht indicated. It may not be sold, assigned or transferred. The Terms and Conditions of the Contract are binding on, and confer benefits to, the Guest, the Guest’s spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. The Guest represents and warrants that he or she is duly authorized by and on behalf of all Guests (including accompanying minors) named on the Ticket to agree to all of the terms and conditions of the Contract and to bind all such Guests to such terms and conditions.
Prior to Boarding/Check-in/Documentation:
The Guest is required to be on board the Yacht on the Sailing Date at least 2 hours before departure time. At the time of embarkation the Guest is responsible for having received all medical inoculations necessary for the cruise and having in his or her possession the Ticket, valid passport, visas and other documents necessary for the scheduled ports of call and disembarkation. All passports, visas and other travel documents required for embarkation and disembarkation and at all ports of call are the responsibilities of the Guest. Guest must take proper steps (including provision of all necessary documents) as may be required to enable Guests to land at any port of call and generally to comply with the laws of the country in which each such port is situated. CARRIER ENTITIES shall not in any circumstances whatsoever be liable for the consequence of any insufficiency or irregularity in such documents or the non-compliance by the Guest with such laws; notwithstanding that such documents are produced to CARRIER by the Guest or that information or advice as to said laws is given by CARRIER ENTITIES to the Guest. If the Guest does not have proper documentation he or she will not be allowed to board the Yacht.
Cancellations by Guests:
Cancellations may be made by telephone or in writing. Changes to the Sailing Date or changes of Guest names will be considered cancellations. For cancellations, amounts paid, minus cancellation fees and other amounts owed, will be promptly refunded as set for the herein. No refunds will be made in the event of interruption or cancellation by the Guest after the Sailing Date. All appropriate refunds will be made in the same manner in which payment was received. CARRIER ENTITIES are not responsible for the receipt of refund monies by Guests from their Travel Agents. All travel documents including airline tickets must be returned before refund processing can begin. Certain Travel Agents may withhold an agency cancellation fee. CARRIER reserves the right to restrict any changes to a reservation. All changes are subject to availability. Please note that changes made to overall party size may result in a change to the rate. For your peace of mind, CARRIER strongly recommends the purchase of the optional Travel Pro tection Program. Premiums for the Travel Protection Program must be paid by the final payment date, and the Travel Protection Program is not effective until final payment is made. Refunds, if any, will be made to Guests who have purchased the Travel Protection Program only in accordance with the terms and conditions of the Travel Protection Program.
Days until sailing
121 + days
Full Refund less a *$250.00 non-refundable administrative fee per person
25% cancellation fee, deducted from Cruise Fare
50% cancellation fee, deducted from Cruise Fare
60-31 days to sailing
75% cancellation fee, deducted from Cruise Fare
*This fee may be converted to a future cruise credit valid for travel within 12 months from the date of the cancelled voyage Guest-requested downgrades will be treated as a cancellation and re-booking, in which case the cancellation fee table immediately above is applied. To illustrate, if a Guest requests a downgrade within 30 days of sailing, the cancellation fee is 100% of the total fare. In other instances where a Guest requests a downgrade with more lead time, CARRIER will refund the difference between the original category and the downgraded category, after applicable cancellation fee is applied from the table above. Changes to a reservation after the deposit and/or full payment has been received, and prior to issuance of travel documents, may also result in an assessment of administrative fees and service charges beyond the control of CARRIER. Administrative fees and service charges will vary and are based on the type of change made to your cruise and/or tour package, itinerary, hotel, land or air arrangements. Additional costs incurred as a result of these changes are the Guest’s responsibility. Some changes, including name changes, are considered cancellation and a cancellation penalty will be assessed. Any changes to a reservation that result in imposition of airline or other cancellation fees are the responsibility of the Guest. No refund, payment, compensation or credit of any kind will be made for lost tickets, unused or partially used portions of the cruise, air or land programs, including shore excursions, except as specifically outlined in this Contract or other applicable terms and conditions.
Baggage, Valuables and Other Possessions:
Guest may bring a reasonable amount of clothing and personal effects on the Yacht without charge. Guests are encouraged to check with their airline regarding any additional restrictions. Guests participating in any overnight excursions that requires air travel are subject to the Baggage charges as set forth by the individual airlines and are encouraged to pack a smaller bag to avoid extra Baggage charges. All Baggage must be securely packed and clearly labeled with the Guest’s full name, the name of the Yacht, the suite number of the Guest, and the Sailing Date of the Yacht.
Guest must personally carry Baggage containing breakable items and valuables, including, but not limited to, jewelry, watches, money, precious stones and metals, securities, checks, other financial instruments and/or tickets, at all times during transit, including, but not limited to, on and off the Yacht. Guest should not give such Baggage containing breakable items or valuables to anyone at any time, including, but not limited to, porters, Yacht personnel or anyone else who is not known personally to the Guest, regardless of any assurances given to Guest that it is safe to do so, at any time, including, but not limited to, during transit to and from the airport, arrival at the Yacht, boarding and checking into Guest’s suite, or at any other time while traveling. Such Baggage is the full and sole personal responsibility of the Guest at all times. Any liquid, fragile, perishable or other sensitive articles not suitably packed are transported at Guests own risk. Such items may not be included with checked Baggage. Guests are personally responsible for their Baggage throughout the travel process and should personally ensure that their valuables are carried to their suites/cabins/rooms and stored appropriately in the suite safe. CARRIER ENTITIES are not responsible for loss of or damage to any such items.
Weapons, ammunition, explosives, flammable materials and substances that are hazardous, disabling, or illegal, non-prescription controlled substances or any other article that in the opinion of the Master shall be deemed dangerous, are strictly prohibited aboard the Yacht. Such additional dangerous articles include, but are not limited to, firearms, stun guns, swords, ice picks or knives. Any such items shall be surrendered to the Master at embarkation and may be disposed of at the sole discretion of the Master.
Liability Limitations for Loss of or Damage to Property:
The total value of a Guest’s Property brought aboard the Yacht shall be deemed not to exceed U.S. $300 per Guest. CARRIER ENTITIES shall not be responsible or liable for any loss of or damage to Guest's property, unless Guest proves such loss or damage was proximately caused by negligence of CARRIER ENTITIES or their employees acting in the course and scope of employment. The total CARRIER ENTITIES’ liability for loss of or damage to property of any Guest is limited to the amount of $300 per Guest per cruise, unless Guest before embarkation declares the true value of the property, advises CARRIER in writing of such true value, and pays a fee to CARRIER of 5% of the declared value up to a maximum of $5,000. Liability will in this event be limited to the true value declared, but in no event and under no circumstance will the total CARRIER ENTITIES’ liability for the true declared value exceed $5,000. If a Guest travels by air or other transportation, the terms and conditions of the airline or other transportation provider apply to the Guest’s carriage on those conveyances, and CARRIER ENTITIES shall not have any liability for loss or damage to Baggage, valuables and other personal belongings arising out of, or related to, such air or other travel.
CARRIER provides safekeeping for valuables aboard the Yacht and encourages Guests to deposit any jewelry or other valuables brought aboard the Yacht with the Guest Services staff who will issue a receipt for such valuables. CARRIER also provides an in-suite personal safe for your convenience. The value of articles delivered for safekeeping shall also be deemed not to exceed U.S. $300 unless the Guest declares in writing the articles delivered are of a higher value and meets the other requirements set forth in the preceding paragraph. CARRIER ENTITIES’ maximum liability is as set forth in this paragraph 8.
CARRIER ENTITIES shall in no event be liable for the loss of or damage to Property unless such Property has been deposited with the Master or other designated representative against receipt for the agreed purpose of safekeeping. In the event of such deposit, CARRIER ENTITIES’ liability for loss or damage thereof shall be controlled by the provisions of this paragraph 8.
All settlements will be made on the basis of actual cash value (replacement cost, less depreciation) to the extent of the $300 limit of liability of CARRIER ENTITIES. Claims for damaged items will be settled on the basis of cost of repair. No amount shall be paid in settlement of any claim without proof provided to CARRIER ENTITIES of the actual cash value, or repair cost, as applicable, arising from the loss or damage. Liability must also be proven before any settlement will be paid.
Personal belongings lost while unattended in public lounges or other public areas, whether on board the Yacht or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, acts of God, or any other cause beyond CARRIER ENTITIES control are not reimbursable.
Itinerary/Right to Change/Detention: Except as otherwise provided, CARRIER may, for any reason, without prior notice, cancel the cruise; deviate from the scheduled ports of call, route and timetable; call or omit to call at any port or place or cancel or modify any activity on or off the ship; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property; or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten or lengthen the cruise or substitute ships, aircraft or other transportation or lodging. Accordingly, Guests should not make any important arrangements or meetings based on the scheduled cruise, which may change without liability to CARRIER ENTITIES. Furthermore, the Master of the ship as well as the operator of any other means of transportation may, in his/her sole discretion, take any action deemed necessary for the safety, security, comfort, or well-being of any person or to prevent damage to or loss of the ship. In the case of mechanical failures that cause the scheduled cruise to be cancelled, Guests are entitled to a full refund of the Cruise Fare; or for mechanical failures that cause a cruise to be terminated early, a partial refund, travel expense to transport Guests to the scheduled port of disembarkation or Guest’s home city at CARRIER’S discretion, and overnight lodging if an unscheduled stopover is required. Guest shall have no claim against CARRIER ENTITIES, and CARRIER ENTITIES shall not be liable for damages or a refund, any portion thereof, or other payment, compensation or credit of any kind; nor for hotel or meal charges, travel expenses or other loss, delay, inconvenience, disappointment or expense whatsoever, which shall be the Guest's responsibility, whenever the cancellation or change was otherwise beyond CARRIER’S exclusive control. CARRIER ENTITIES’ non liability extends without limitation to inclement weather; health, medical or environmental considerations; labor, political or social disturban ces or unrest; or operational, commercial or safety reasons; or was based on a good faith belief by CARRIER or the Yacht’s Master that the cruise or any portion thereof might endanger the Yacht or expose any person or property to loss, injury, damage or delay. Except as provided above for mechanical failures, whenever the performance of the cruise is hindered or prevented by any cause or circumstance whatsoever, the cruise may be terminated and Guest may be landed with no further liability of CARRIER ENTITES for refund, payment, compensation or credit of any kind. Under no circumstances shall CARRIER ENTITIES be or become liable for consequential or other damages of any kind sustained by any Guest.
Fitness to Travel/Health/Pregnancy:
The Guest represents and warrants that the Guest is physically, mentally and otherwise fit to travel; that Guest has received all medical inoculations necessary, and that he or she will at all times comply with the Yacht’s rules and regulations and orders and directions of the Yacht’s officers and medical staff; that his or her conduct will not impair the safety of the Yacht or inconvenience other Guests. CARRIER reserves the right to request a letter from Guest’s physician attesting to Guest’s fitness to travel, but by requesting such letter does not waive its right to disembark or refuse to embark Guest as set forth herein. If Guest is required to remain on board the Yacht or elsewhere, due to injury, illness, or disability, or due to action of any government or authority, or for any other reason not the fault of CARRIER ENTITIES, Guest must pay or reimburse CARRIER ENTITIES for all resulting costs and expenses including for food, transportation, accommodation, medical and/or repatriation services inc luding but not limited to such costs incurred by or on account of services provided by port agent and other shoreside service providers, including Baggage shipping costs for Guest and those accompanying Guest.
CARRIER is unable to accommodate women who will enter their 24th week of pregnancy before or during the cruise. Guests who will enter the 24th week of pregnancy by the last day of the cruise may not book the cruise or board the Yacht, and such Guests agree not to present themselves for embarkation. CARRIER reserves the right to request a letter from Guest’s physician attesting to Guest’s pregnancy. Guest acknowledges CARRIER’s Yachts do not have facilities or capability to deliver and care for newborn children.
Guest Responsibility; Children and Minors:
Unwed, unrelated couples must be 18 or over to be booked in the same suite. CARRIER is unable to accommodate children under 6 months of age and reserves the right to restrict the number of those under 3 years of age aboard the Yacht. Guests must notify CARRIER of any children between the ages of 6 months and one year who will be sailing on board the Yacht. For voyages that have three or more consecutive days at sea, infants must be at least one year of age as of the first day of the voyage. Minors under the age of 18 not traveling with a parent or legal guardian must be accompanied by an adult 21 years of age or older (i.e., the responsible adult) in the same stateroom. The parent or guardian of any minor not traveling with a parent or guardian must appoint a responsible adult to have custody and control over the minor and to contract on their behalf in connection with the cruise. A “Parental Consent Guardianship” Form can be obtained by contacting [email protected] The form must be signed by a parent or legal guardian and received at least 30 days prior to embarkation. Each responsible adult, or parent of, an embarked minor under the age of 18, shall be liable jointly and severally to CARRIER ENTITIES and shall reimburse CARRIER ENTITIES for all loss, damage or cost sustained by CARRIER ENTITIES caused directly or indirectly, in whole or in part, by reason of any act or omission of the adult Guest or minor under the age of 18. The responsible adult shall also pay to CARRIER ENTITIES the prevailing costs and fees imposed by CARRIER ENTITIES relating to the responsible adult’s owns acts or omissions or the failure to adequately supervise, control or care for the responsible adult’s charge. Further, the Guest and person appointed as the responsible adult shall defend, indemnify, and hold harmless CARRIER ENTITIES from and against any and all liability (including reasonable legal fees) CARRIER ENTITIES may incur to any person or entity (private or governmental) for any death, injury, damage, fine or penalty arising directly or indirectly, in whole or in part, by reason of any act or omission of the Guest or the Guest’s charge.
CARRIER requests that Guests with mobility, communication or other impairments, or other special or medical needs that may require medical care or special accommodations during the cruise or any excursions, including but not limited to the use of any service animal, notify CARRIER of any such condition at the time of booking. Guests are requested to report any such special need to CARRIER as soon as Guest becomes aware of it. CARRIER recommends these Guests be accompanied by someone who is able to assist them both ashore and at sea. Guests acknowledge and understand that certain international, foreign or local safety requirements, standards, and/or applicable regulations involving design, construction or operation of the Yacht, docks, gangways, anchorages or other facilities on or off the Yacht may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Some ports of call are anchorage ports, and physical conditions may preclude these Guests from going ashore. This decision must be made by the Master of the Yacht based on safety and is binding. Guests requiring a wheelchair or scooter must bring their own. Motorized scooters must not exceed 22” in width. CARRIER reserves the right to limit the number of scooters on board. Portable oxygen tanks and oxygen concentrators may be used on board, provided that CARRIER Special Services Department is notified at least 30 days prior to sailing in writing at the address provided in paragraph 32 below. CARRIER has a limited number of accessible suites/cabins/rooms available on a “first-come, first-served” basis. CARRIER is obligated to investigate those individuals fraudulently requesting and using accessible suites/cabins/rooms. CARRIER understands a service animal to be any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Many ports of call have strict entry requirements for animals, and you must ensure that your service animal complies with all requirements of each destination. CARRIER ENTITIES are not responsible for Guest’s inability to visit a port of call due to the Guest’s failure to comply with any such entry requirements. Animals that are not trained to do work or perform tasks are not considered to be service animals. Emotional support animals, which provide emotional support, well-being, comfort, or companionship to an individual with disabilities but are not trained to do work or perform tasks, are not considered to be service animals. The provisions of Regulation 1177/2010 on Passenger Rights when Travelling by Sea and Inland Waterways afford rights to Guests where the Port of embarkation is in an EU Member State. The regulation text is available here.
Safety, Security & Health: CARRIER endeavors at all times to exercise reasonable care for Guests' comfort and safety on board its Yachts. CARRIER cannot guarantee freedom from any risks associated with war, terrorism, crime, health risks or other potential sources of harm. CARRIER reminds all Guests that they must ultimately assume responsibility for their activities while ashore and for their travel choices. The U.S. Department of State and government agencies regularly issue advisories and warnings to travelers giving details of local conditions in specified cities and countries according to such agencies’ perceptions of risks to travelers. CARRIER recommends that Guests and their travel agents obtain and consider such information when making travel decisions. The Guest, in the interests of international security and safety at sea and in the interests of the convenience of others, agrees and hereby consents to a reasonable search being made of the Guest's person, Baggage, Property, and suite, and to the removal and confiscation or destruction of any object which may, in the opinion of CARRIER or the Master, impair safety, cause inconvenience, annoyance or nuisance to others, or violate CARRIER’s rules and regulations.
Guest understands and agrees that Guests must be at least 18 years old to be served wine and beer, and at least 21 years old to be served alcoholic beverages other than wine and beer. When docked or anchored in U.S. ports, or within the U.S. territorial sea, Guests must be at least 21 years old to be served any alcoholic beverage. Guest agrees not to attempt to provide or consume alcoholic beverages in violation of this policy, either for themselves or others. Guest agrees to consume alcoholic beverages only in moderation. CARRIER reserves the right to refuse alcoholic beverages to any Guest. CARRIER ENTITIES reserve the right to prohibit and retain all liquor brought aboard the Yacht.
Guests shall observe the non-smoking areas on board the Yacht. Indoor smoking, including e-cigarettes is permitted only in the Connoisseur Club smoking lounge. Smoking is prohibited in all other areas of the yacht including all other public rooms, lounges, corridors and restaurants, as well as all suites/cabins/rooms and verandahs. If smoke is detected in a suite, a cleaning fee of $1,000 per occurrence will be billed to Guest's account. Outdoor smoking is strictly prohibited onboard the yacht. Fines will be charged for violations in accordance with this policy. For serious violations of the non-smoking policy, more stringent consequences, including disembarkation without refund, may be ordered by the Master.
The Guest agrees to, and shall, indemnify, defend, and hold harmless CARRIER ENTITIES for all claims, liabilities, penalties, fines, charges, damages, losses (including but not limited to any direct, indirect or consequential losses), or expenses (including but not limited to legal costs) incurred or imposed upon CARRIER ENTITIES or the Yacht by virtue of an act (to include a negligent act), or violation of law, by the Guest.
The Guest agrees that he or she shall not solicit for commercial purposes Guests or others on board the Yacht or advertise goods or services on board the Yacht without the prior written permission of CARRIER. Solicitation by vendors of goods and services, including, but not limited to, solicitation by travel agents, is strictly forbidden.
Right to Refuse Booking and Passage, Cancel Reservation; Confine Guest to Suite or Disembark Guest:
CARRIER ENTITIES reserve the right to refuse booking or passage to any person or to cancel Guest’s existing reservation for any reason. Any person(s) refused booking or passage in advance of the scheduled sailing by CARRIER will be given a refund of their Cruise Fare unless such refusal is due to the action or inaction of Guest.
CARRIER ENTITIES, without any liability, including liability for refund, payment, compensation or credit, except as provided herein, may disembark or refuse to embark Guest because of the action or inaction of Guest, confine Guest in a stateroom, quarantine Guest, restrain Guest, change Guest’s accommodations or disembark Guest at any time if, in the sole opinion of CARRIER ENTITIES, the Master or any Physician, the Guest or any minor or other person in Guest’s care during the cruise are unfit for any reason for the cruise, or Guest’s presence might be detrimental to Guest’s health, comfort or safety or that of any other person, or in the judgment of the Master is advisable for any reason. The Master of the Yacht has the right in his sole discretion to make decisions in this regard for the safety and security of the Yacht and the health, safety, security and comfort of those on board.
If the Guest is refused passage or leaves the Yacht prior to the end of the cruise for any of the reasons described in this section or for other reasons including, but not limited to, personal, medical, or business reasons, CARRIER ENTITIES will not be liable or required to refund any portion of the Cruise Fare, or to be responsible for any payment, compensation or credit of any kind or for any of the Guest’s costs. Guest will be responsible for any fines (including but not limited to any governmental fines), costs, fees, or damages for leaving the Yacht prior to the end of the cruise.
CARRIER ENTITIES and the Master each reserves the right, without liability whatsoever, to refuse passage, disembark, quarantine, restrain or confine to a stateroom or any other area any Guest whose physical or mental condition, or behavior, or the physical or mental condition or behavior of any person in the care of Guest, is considered in the sole opinion of the Master and/or the ship’s physician to constitute a risk to the Guest’s own well-being or that of any other Guest, crew member or person, or to the safety of the Yacht. CARRIER ENTITIES may refuse to transport or may disembark at any port any Guest with a criminal background or any Guest who may be suffering from contagious or infectious disease, ill health or whose presence in the opinion of the Master may be detrimental to the comfort or safety of any other Guest, crew member or person, or who, in the Master's opinion, might be excluded from landing at destination by Immigration or other Governmental Authorities. If any Guest is detained on board or elsewhere at any stage or at destination because of quarantine, port regulations, prevailing applicable law, illness or other cause, all expenses incurred in connection with such detention shall be for Guest's account. Any Guest carried beyond his or her scheduled port of disembarkation for any reason without fault of CARRIER shall pay for any additional maintenance or extra transportation. In any and all cases described in this clause, the Guest shall not be entitled to any refund of fare, credit or compensation whatsoever.
INDEPENDENT CONTRACTORS/TRAVEL AGENTS/SHORE TOURS/LIMIT OF LIABILITY:
ALL ARRANGEMENTS MADE FOR OR BY GUESTS FOR (1) TRANSPORTATION OR TRAVEL (BY AIR, WATER OR ON THE GROUND), (2) SHORE EXCURSIONS AND ACTIVITIES, (3) TOURS, (4) HOTELS, (5) RESTAURANTS NOT ONBOARD THE YACHT, OR (6) OTHER SIMILAR ACTIVITIES OR SERVICES, ARE MADE SOLELY FOR GUESTS’ CONVENIENCE AND ARE AT GUESTS’ RISK. THE PROVIDERS OF SUCH SERVICES ARE INDEPENDENT CONTRACTORS AND ARE NOT ACTING AS AGENTS OR REPRESENTATIVES OF CARRIER ENTITIES, NOR ARE CARRIER ENTITIES, INDIVIDUALLY OR COLLECTIVELY, AN AGENT OF SUCH INDEPENDENT CONTRACTORS. THE IDENTITY OF THE INDEPENDENT CONTRACTORS ARE AVAILABLE UPON REQUEST FROM THE SHORE EXCURSION MANAGER.
CARRIER ENTITIES DO NOT OWN OR CONTROL ANY SUCH INDEPENDENT CONTRACTORS, MAKE NO REPRESENTATION OF ANY KIND AS TO THEIR PERFORMANCE AND DO NOT UNDERTAKE TO SUPERVISE THEIR ACTIVITIES, EVEN THOUGH CARRIER ENTITIES MAY COLLECT A FEE AND EARN A PROFIT FROM ARRANGING FOR OR TICKETING AND SALE OF SUCH SERVICES. CARRIER ENTITIES DO NOT MAINTAIN THE INDEPENDENT CONTRACTOR OR THIRD PARTY’S CONVEYANCES, FACILITIES OR INSTRUMENTALITIES AND DO NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THEIR SAFETY OR SUITABILITY. ANY GUEST USING SUCH SERVICES OR ACTIVITIES SHALL BE DEEMED TO AGREE AND CONSENT THAT ANY LIABILITY FOR DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY TO THE GUEST OR LOSS OF OR DAMAGE TO PROPERTY ARISING OUT OF SUCH SERVICES SHALL BE THE SOLE RESPONSIBILITY OF THE PROVIDER OF SUCH SERVICE OR ACTIVITY. GUEST FURTHER AGREES TO RELEASE, DEFEND, AND HOLD HARMLESS CARRIER ENTITIES, CARRIER ENTITIES’ AFFILIATES, AND CARRIER’S SUPPLIERS ALL CLAIMS, LIABILITIES, PENALTIES, FINES, CHARGES, DAMAGES, LOSSES (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES) OR (INCLUDING BUT NOT LIMITED TO LEGAL COSTS) INCURRED OR IMPOSED RESULTING FROM THE USE OF ANY SUCH SERVICES OR ACTIVITIES. GUEST AGREES CARRIER ENTITIES’, CARRIER ENTITIES’ AFFILIATES, AND CARRIER’S SUPPLIERS SHALL NOT BE OR BECOME LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY ACT OR OMISSION OF ANY SUCH PROVIDER PERTAINING TO OR ARISING FROM OR IN CONNECTION WITH SUCH SERVICES OR ACTIVITIES. GUEST FURTHER ACKNOWLEDGES THAT ALTHOUGH ON OCCASION, CARRIER ENTITIES’ EMPLOYEES AND/OR THE INDEPENDENT CONTRACTORS MAY MAKE APPEARANCES AND PARTICIPATE IN ACTIVITIES OR SERVICES AND MAY USE SIGNAGE OR CLOTHING WHICH IDENTIFIES CARRIER ENTITIES’ OR USE OTHER RELATED TRADE NAMES OR LOGOS OF CARRIER ENTITIES’ OR CARRIER ENTITIES’ AFFILIATES, THE STATUS OF THE PROVIDERS OF SUCH SERVICES ARE AND REMAIN UNCHANGED AS INDEPENDENT CONTRACTORS. NOTHING IN THIS CRUISE CONTRACT SHALL BE CONSTRUED AS CREATING A RELATIONSHIP BETWEEN THE PROVIDER OF SUCH SERVICES AND ANY OF CARRIER ENTITIES, OR CARRIER ENTITIES’ AFFILIATES, AS THAT OF PARTNERS, EMPLOYER AND EMPLOYEE, FRANCHISOR AND FRANCHISEE, MASTER AND SERVANT, PRINCIPAL AND AGENT, OR JOINT VENTURERS. GUEST AGREES THAT ALL ONBOARD CONCESSIONAIRES AND THEIR EMPLOYEES, INCLUDING BUT NOT LIMITED TO SHOPS, PHOTOGRAPHY, INTERNET ACCESS, LECTURERS, WIRELESS ACCESS, ART AUCTIONS OR INSTRUCTIONAL CONCESSIONS ABOARD THE YACHT, ARE INDEPENDENT CONTRACTORS AND WORK DIRECTLY FOR THE GUEST WHEN PERFORMING THEIR SERVICES. CARRIER ENTITIES ARE NOT RESPONSIBLE FOR ANY SUCH PERSONS’ ACTS OR OMISSIONS IN PROVIDING GOODS OR SERVICES TO THE GUEST.
THE INDEPENDENT CONTRACTORS SHALL BE ENTITLED TO CHARGE FOR ANY PRODUCTS SOLD, SERVICES RENDERED OR TRANSPORTATION PROVIDED TO THE GUEST EITHER DIRECTLY OR, AS A CONVENIENCE TO GUESTS, THROUGH CARRIER OR CARRIER ENTITIES, FOR WHICH SERVICES CARRIER OR CARRIER ENTITIES MAY IMPOSE A CHARGE AND EARN A PROFIT. REFUNDS WILL NOT BE GIVEN FOR PARTIALLY USED SERVICES. NO REFUND WILL BE MADE FOR MISSED HOTEL NIGHTS OR OTHER PROGRAM FEATURES DUE TO AIRLINE DELAYS OR OTHER FACTORS BEYOND THE CONTROL OF CARRIER. SEPARATE CANCELLATION POLICY APPLIES FOR AIR, HOTEL AND LAND PROGRAMS.
THE GUEST AGREES THAT ALL PROTECTIONS, BENEFITS, DEFENSES, AND EXCLUSIONS FROM AND LIMITATIONS OF LIABILITY IN FAVOR OF CARRIER SET FORTH IN THIS CRUISE CONTRACT SHALL ALSO EXTEND FULLY TO AND BE FOR THE BENEFIT OF CARRIER ENTITIES, CARRIER ENTITIES’ AFFILIATES AND CARRIER’S SUPPLIERS.
NOTWITHSTANDING THE FOREGOING, CARRIER ENTITIES SHALL IN NO EVENT BE LIABLE TO THE GUEST IN RESPECT OF ANY OCCURRENCE ASHORE, PRIOR TO EMBARKING OR AFTER DISEMBARKING THE YACHT, EXCEPT FOR NEGLIGENCE OF CARRIER OR ITS EMPLOYEES ACTING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT DURING TRANSPORTATION BY WATER TO OR FROM THE YACHT WHICH IS CARRIED OUT BY MEANS OF A CONVEYANCE PROVIDED BY CARRIER.
CARRIER WILL ARRANGE AIR TRANSPORTATION WITH AN AIRLINE UPON A GUEST’S REQUEST AS A SEPARATE SERVICE. IF A GUEST CHOOSES THIS OPTIONAL SERVICE, GUEST AUTHORIZES CARRIER TO SELECT THE AIRLINE, ROUTING AND SCHEDULE AND TO SUBSTITUTE CHARTER FLIGHTS FOR SCHEDULED AIR OR VICE VERSA. IF DUE TO ANY CAUSE BEYOND CARRIER’s CONTROL, CARRIER IS UNABLE TO ARRANGE FOR AIR TRAVEL OR THE AIR TRAVEL ARRANGED BY CARRIER IS UNAVAILABLE OR OTHERWISE FAILS TO MATERIALIZE, CARRIER’S LIABILITY AND THE LIABILITY OF CARRIER ENTITIES WILL BE LIMITED TO REFUNDING THE OPTIONAL AIR ADD-ON AMOUNT PAID TO CARRIER LESS ANY APPLICABLE CHANGE OR SPECIAL DEVIATION FEES. CARRIER ENTITIES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF ANY AIRLINE, INCLUDING, WITHOUT LIMITATION, THOSE INVOLVING CANCELLATION OF FLIGHTS, SCHEDULE CHANGES, RE-ROUTINGS, DAMAGE TO OR DELAY OR LOSS OF BAGGAGE, FLIGHT DELAYS, EQUIPMENT FAILURES, ACCIDENTS, PILOT OR OTHER STAFF SHORTAGES, OVERBOOKING, OR COMPUTER ERRORS. IN ARRANGING TRANSPORTATION, CARRIER ACTS SOLELY FOR THE CONVENIENCE OF THE GUEST AND NOT AS AGENT OR PRINCIPAL FOR THE AIRLINE. THE LIABILITIES AND OBLIGATIONS OF AN AIRLINE TO THE GUEST AND THE GUEST'S RIGHTS AS AN AIRLINE PASSENGER ARE GOVERNED EXCLUSIVELY BY THE TERMS AND CONDITIONS OF THE AIRLINES’ TICKETS AND TARIFFS. CARRIER ENTITIES DO NOT OWN OR OPERATE THE AIRLINE, GROUND TRANSPORTATION, OR HOTELS, AND ARE NOT LIABLE IN ANY WAY FOR LOSS, DAMAGE, INJURY, ILLNESS OR DEATH ARISING IN CONJUNCTION WITH THE SERVICES PROVIDED BY THESE INDEPENDENT CONTRACTORS.
Travel Agents - Guest acknowledges and confirms that any travel agent utilized by Guest in connection with the issuance of this Cruise Contract is, for all purposes, Guest’s agent and CARRIER shall have no liability for any representation made by said travel agent. Guest acknowledges that CARRIER is not responsible for the financial condition or integrity of any travel agent. CARRIER ENTITIES are not responsible for any representation or conduct of Guest’s travel agent, including but not limited to, any failure to remit Guest’s deposit or other monies to CARRIER, for which Guest shall at all times remain liable to CARRIER, or any failure to remit a refund from CARRIER to Guest. Further, receipt by Guest’s travel agent of this Contract or any other communications, notices or information from CARRIER or CARRIER ENTITIES shall constitute receipt of such materials by Guest. In the event that Guest’s travel agent fails to remit to CARRIER any monies paid by Guest to the agent, Guest remains liable for the monies due CARRIER, regardless of whether CARRIER demands payment.
Guest may have the option, subject to local weather conditions as well as the law and regulations of each port of call, to utilize CARRIER’s furnished equipment and to participate in the various sports and recreational activities off, under, around, about, and in the environs of the Yacht and all locations visited during the cruise. These activities include but are not limited to kayaking, sailing, water skiing, snorkeling, and swimming (collectively “watersports activities”). Guest acknowledges that: (1) there are risks and dangers involved with his or her participation in watersports activities that can result in serious injury or death; (2) CARRIER ENTITIES can in no way guarantee the safety or welfare of Guest in any sports activities and CARRIER is merely providing sport equipment and sport instruction to enhance Guests enjoyment; (3) Guest shall knowingly and voluntarily assume the risk of and shall release, defend, hold harmless, and indemnify CARRIER ENTITIES against any claims made by or on his or her behalf as a result of using CARRIER’s equipment and participating in sports activities; (4) Guest shall acquire the training necessary to participate in sports activities and shall follow the rules and procedures maintained by CARRIER; and (5) CARRIER ENTITIES shall accept no responsibility for Guest’s failure to abide by the Yacht’s rules and restrictions, governmental rules, regulations and restrictions concerning sports activities.
NON-LIABILITY FOR MEDICAL TREATMENT:
THE GUEST RECOGNIZES AND ACCEPTS THAT CARRIER ENTITIES ARE NOT IN THE BUSINESS OF PROVIDING MEDICAL SERVICES AND/OR OPERATING MEDICAL FACILITIES. ANY MEDICAL PERSONNEL ON BOARD THE YACHT ARE PROVIDED AS INDEPENDENT CONTRACTORS SOLELY FOR THE CONVENIENCE OF THE GUEST AND THEY ARE NOT SERVANTS, AGENTS, OR REPRESENTATIVES OF CARRIER OR CARRIER ENTITIES. NEITHER CARRIER NOR CARRIER ENTITIES CONTROL THE MEDICAL SERVICES AND DO NOT UNDERTAKE TO SUPERVISE ANY CARE OR TREATMENT PROVIDED BY MEDICAL PROFESSIONALS ABOARD THE YACHT. ALTHOUGH CARRIER SHALL BE ENTITLED TO CHARGE A FEE FOR ARRANGING SUCH SERVICES, ALL SUCH PERSONS OR ENTITIES PROVIDING MEDICAL SERVICES SHALL BE DEEMED INDEPENDENT CONTRACTORS AND NOT ACTING AS AGENTS OR REPRESENTATIVES OF CARRIER OR CARRIER ENTITIES. NEITHER CARRIER NOR CARRIER ENTITIES MAKE ANY WARRANTY AS TO THE QUALITY OF MEDICAL SERVICES. NEITHER CARRIER NOR CARRIER ENTITIES SHALL BE LIABLE FOR ANY DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY CAUSED BY REASON OF ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE PROVIDED BY SUCH MEDICAL PERSONNEL, OR, BY THE FAILURE OF SUCH MEDICAL PERSONNEL TO PROVIDE ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE.
The Guest hereby consents to treatment by the Yacht’s physician or other medical personnel, if any, or by a physician designated by CARRIER, if subsequent to embarkation the Guest is unable to request or authorize such treatment and in the opinion of the Yacht’s physician, or any Yacht officer in the physician’s absence, needs medical attention.The Guest shall be charged for medical services and for medications and supplies used for his or her medical treatment. The Guest shall also be responsible for the payment of any medical expenses and other expenses in connection with medical debark and medical conditions incurred ashore.
TIME LIMITS AND NOTICE REQUIREMENTS FOR CLAIMS:
NO SUIT SHALL BE MAINTAINABLE AGAINST CARRIER ENTITIES OR THE YACHT FOR DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF THE GUEST, UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS BE DELIVERED TO CARRIER AT ITS OFFICE AT THE ADDRESS SET FORTH HEREIN WITHIN SIX (6) MONTHS FROM THE DAY THAT THE EVENT THAT CAUSED SUCH DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF THE GUEST OCCURRED; AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST CARRIER ENTITIES OR THE YACHT WITH RESPECT TO DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH BE MAINTAINABLE, UNLESS SUIT SHALL BE COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DAY THAT THE EVENT THAT CAUSED THE DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF THE GUEST OCCURRED, AND PROCESS SERVED WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY, POSSESSION OR COUNTRY TO THE CONTRARY.
NO SUIT SHALL BE MAINTAINABLE AGAINST CARRIER ENTITIES OR THE YACHT UPON ANY CLAIM RELATING TO LOSS OF OR DAMAGE TO ANY PROPERTY UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO CARRIER AT ITS OFFICE AT THE ADDRESS SET FORTH HEREIN WITHIN THIRTY (30) DAYS AFTER TERMINATION OF THE CRUISE TO WHICH THIS CRUISE CONTRACT RELATES; AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST CARRIER ENTITIES OR THE YACHT WITH RESPECT TO LOSS OF OR DAMAGE TO PROPERTY BE MAINTAINABLE UNLESS SUIT SHALL BE COMMENCED (FILED) WITHIN ONE (1) YEAR AFTER THE TERMINATION OF THE CRUISE AND PROCESS SERVED WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY, POSSESSION OR COUNTRY TO THE CONTRARY.
LIABILITY LIMITATION FOR LOSS OF LIFE OR INJURY:
IN THE EVENT THE GUEST IS ABLE TO STATE A CAUSE OF ACTION UNDER THE LAW GOVERNING ANY CLAIM WHICH MAY BE ASSERTED AGAINST CARRIER ENTITIES AND/OR THE YACHT FOR NEGLIGENCE OR INTENTIONAL TORT OR BOTH, CARRIER ENTITIES AND THE YACHT SHALL NOT BE LIABLE FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF THE GUEST, OF ANY KIND UNDER ANY CIRCUMSTANCES, UNLESS SUCH EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WAS--
THE RESULT OF PHYSICAL INJURY TO THE GUEST CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL;
THE RESULT OF THE GUEST HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, AND SUCH RISK WAS CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL; OR
INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL.
ON CRUISES WHICH ARE BOOKED BY A PASSENGER IN A EUROPEAN UNION MEMBER STATE, OR WHICH EMBARK OR DISEMBARK IN A PORT LOCATED IN A EUROPEAN UNION MEMBER STATE, CARRIER ENTITIES SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN EUROPEAN UNION REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS (“EU REGULATION 392/2009”). EU REGULATION 392/2009 LIMITS CARRIER’S LIABILITY AS FOLLOWS: (A) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A “SHIPPING INCIDENT”, A PASSENGER HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 250,000 SDR (APPROXIMATELY U.S.D. $363,000) IN ANY EVENT, WITH THE EXCEPTION OF CIRCUMSTANCES BEYOND CARRIER’S CONTROL (I.E., ACT OF WAR,NATURAL DISASTER, ACT OF A THIRD PARTY); HOWEVER, COMPENSATION PAID BY CARRIER CAN GO UP TO 400,000 SDR (APPROXIMATELY U.S.D. $580,000) UNLESS CARRIER PROVES THAT THE INCIDENT OCCURRED WITHOUT ITS FAULT OR NEGLECT; (B) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A NON “SHIPPING INCIDENT”, A PASSENGER HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 400,000 SDR (APPROXIMATELY U.S.D. $580,000), IF THE PASSENGER PROVES THAT THE INCIDENT WAS THE RESULT OF CARRIER’S FAULT OR NEGLECT;, (C) CARRIER’S INSURANCE PROVIDER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SUMS IN EXCESS OF 250,000 SDR (APPROXIMATELY U.S.D. $363,000) IN RESPECT OF DEATH AND/OR PERSONAL INJURY; THERE ARE LIMITED CIRCUMSTANCES IN WHICH CARRIER’S INSURANCE PROVIDER IS NOT REQUIRED TO MAKE A PAYMENT. THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ONLINE. THE TERM “SHIPPING INCIDENT” IS DEFINED IN EU REGULATION 392/2009 AS FOLLOWS: “SHIPPING INCIDENT” FOR THE PURPOSES OF THIS REGULATION INCLUDES: SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP OR DEFECT IN THE SHIP. PUNITIVE DAMAGES ARE NOT RECOVERABLE FOR CRUISES COVERED BY EU REGULATION 392/2009. AS TO ALL OTHER CRUISES NOT DESCRIBED ABOVE IN THIS CLAUSE 22B, ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF LIABILITY PROVIDED IN, OR AUTHORIZED BY THE LAWS OF THE UNITED STATES SHALL APPLY, INCLUDING BUT NOT LIMITED TO, TITLE 46 OF THE UNITED STATES CODE §§ 30501 THROUGH 30509, AND 30511.
CHOICE OF LAW/LIMITATION OF LIABILITY: EXCEPT AS OTHERWISE SPECIFIED, THIS CONTRACT AND ALL OTHER RIGHTS AND DUTIES OF GUESTS AND OF CARRIER ENTITIES WILL BE CONSTRUED, AND DISPUTES RESOLVED, EXCLUSIVELY IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF THE UNITED STATES WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, EXCEPT IN CASES INVOLVING DEATH ARISING OUTSIDE THE UNITED STATES WHICH SHALL BE GOVERNED EXCLUSIVELY BY THE DEATH ON THE HIGH SEAS ACT, 46 U.S.C. § 30301, ET SEQ. YOU AGREE THIS CHOICE OF LAW PROVISION REPLACES, SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY STATE OR NATION TO THE CONTRARY. IN ADDITION TO THE LIMITATIONS OF LIABILITY EXPRESSLY PROVIDED IN THIS CRUISE CONTRACT, CARRIER ENTITIES SHALL BE ENTITLED TO THE MAXIMUM PROTECTION ALLOWED BY LAW, INCLUDING ANY STATUTORY PROTECTION AS TO THE AMOUNT OF DAMAGES RECOVERABLE. IN NO EVENT, HOWEVER, WILL CARRIER ENTITIES BE LIABLE FOR ANY DAMAGE, LOSS, INJURY OR DEATH NOT CAUSED BY THE NEGLIGENCE OF CARRIER ENTITIES.
FORUM; CLAIMS SUBJECT TO BINDING ARBITRATION; AND WAIVER OF CLASS ACTION
ARBITRATION OF CERTAIN CLAIMS AND FORUM FOR SMALL CLAIMS: ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF A GUEST, WHETHER 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 CRUISE CONTRACT OR GUEST’S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN THE GUEST AND CARRIER ENTITIES, WITH THE SOLE EXCEPTION OF CLAIMS BROUGHT AND LITIGATED EXCLUSIVELY IN SMALL CLAIMS COURT IN MIAMI-DADE COUNTY, FLORIDA, 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 MIAMI-DADE COUNTY, FLORIDA, U.S.A., TO THE EXCLUSION OF ANY OTHER FORUM. GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ARBITRATION PROCEEDING IN MIAMI-DADE 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 FILING THE DISPUTE WITH NAM, WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. INFORMATION WITH RESPECT TO NAM CAN BE REVIEWED ON THE NAM WEBSITE (www.namadr.com), AND NAM CAN BE CONTACTED IF THERE IS ANY QUESTION AT (800)358-2550, ATTENTION CLAIMS DEPARTMENT, 990 STEWART STREET, FIRST FLOOR, GARDEN CITY, NY 11530. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR 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 (OTHER THAN SMALL CLAIMS COURT IN MIAMI-DADE COUNTY, FLORIDA). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CARRIER ENTITIES 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. CARRIER ENTITIES AND GUEST 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. 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 CLAUSE (B) BELOW GOVERNING FORUM AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS CLAUSE.
FORUM AND JURISDICTION: EXCEPT AS OTHERWISE PROVIDED FOR CLAIMS SUBJECT TO ARBITRATION, GUEST AND CARRIER ENTITIES AGREE IRREVOCABLY THAT ANY DISPUTE WHATSOEVER ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR INCIDENT TO THIS CONTRACT OR GUEST'S CRUISE INCLUDING ANY CLAIM FOR PERSONAL INJURY, ILLNESS OR DEATH, SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN MIAMI, OR AS TO THOSE LAWSUITS OVER WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN MIAMI-DADE COUNTY, FLORIDA, TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY. THE GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY OBJECTION TO VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN SUCH COURTS.
CLASS ACTION WAIVER: THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY LAWSUIT OR ARBITRATION AGAINST CARRIER ENTITIES WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH ABOVE. IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SHALL SUCH CLAIM NOT BE SUBJECT TO ARBITRATION INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION.
WARRANTIES/CONSEQUENTIAL DAMAGES EXCLUDED: CARRIER ENTITIES DO NOT EXPRESSLY OR IMPLIEDLY WARRANT, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO, (A) THE FITNESS, CONDITION OR SEAWORTHINESS OF THE YACHT AND (B) THE FITNESS, CONDITION OR MERCHANTABILITY OF ANY FOOD OR DRINK PROVIDED ON BOARD THE YACHT. CARRIER ENTITIES SHALL NOT BE STRICTLY LIABLE IN TORT FOR ANY DEFECT, LACK OF FITNESS, IMPURITY OR CONTAMINATION OF ANY FOOD OR DRINK PROVIDED ON BOARD THE YACHT. CARRIER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES.
Payments by the Guest and Extra Expenses: Any and all payments by the Guest to CARRIER shall be made in currency of the United States of America, or other currency acceptable to CARRIER. All charges for services and products provided on board the Yacht must be settled by a credit card acceptable to CARRIER before the Guest’s final disembarkation from the Yacht. Any other expenses incurred by the Guest or by CARRIER ENTITIES on behalf of the Guest shall be payable by the Guest on demand.
No General Average: Guests shall neither pay nor receive any general average contribution with respect to any property.
Use and Display of Likeness; Personal Data; Privacy Notice; Public Wireless Services. Guest hereby grants to CARRIER ENTITIES, and any other person or entity CARRIER ENTITIES may authorize, the right to photograph, film and/or record Guest and/or Guest’s charge. Furthermore, Guest hereby grants to CARRIER ENTITIES and its successors, affiliates, licensees and assigns, forever and throughout the world, the right to use such photographs, film, images, tapings and/or recordings of Guest for any purpose, which include but is not limited to governmental investigations, litigation, and promotional materials. Guest agrees he or she will not be compensated for such use, and all rights, title and interest therein (including all worldwide copyrights therein) shall be CARRIER ENTITIES’ sole property, free from any claims by Guest or any person deriving any rights or interest from Guest. Guest expressly agrees not to use any photograph, video recording or other visual or audio portrayals of Guest and/or any other Guest in combination with crew or the Yacht, or depicting the Yacht, its design or equipment or any part thereof whatsoever for any commercial purpose or in any media broadcast or for any other non-private use, without the express written consent of CARRIER. CARRIER may utilize closed circuit television or other surveillance means on board the Yacht. Personal Data includes Guest’s name, street or email address, date of birth, passport, payment information, and/or telephone numbers, photograph or other information which would identify Guest personally (“Personal Data”). Cruise Yacht OpCo Ltd will collect, use and share Personal Data with Licensors, Service Providers and Strategic Business Partners, including the Marriott Group as defined below, in accordance with its Global Privacy Statement at www.ritzcarltonyachtcollection.com. You may at any time request access, correction or deletion of your Personal Data collected by Cruise Yacht OpCo Ltd or object to the use or processing of your data by emailing [email protected] You can also lodge a complaint with a data protection authority at any time. Marriott International, Inc. and its affiliates, including Hotel Services Operator (“Marriott Group”) will collect, use and share Personal Data with Licensees, Service Providers and Strategic Business Partners, in accordance with the Marriott Group’s Global Privacy Statement, available at www.marriott.com, and as agreed to between the relevant parties. You may at any time request access, correction or deletion of your Personal Data collected by the Marriott Group, or object to the use or processing of your data by emailing [email protected] or writing to: Global Compliance, Privacy, 10400 Fernwood Road, Bethesda, MD, 20817, U.S. You can also lodge a complaint with a data protection authority at any time. Marriott Group entities, Cruise Yacht OpCo, Ltd. and each of CARRIER ENTITIES are each independently responsible for Personal Data. Certain sensitive data such as health information relating to your trip may also be collected in accordance with applicable law. Personal Data will be transferred to the U.S. and other countries where data protection laws may differ from those of your home country. Consistent with any communication preferences you may have previously provided, the Marriott Group will also send special offers or promotions by email, telephone, SMS or mail. If you have any questions, concerns or would like to make a change, please send an email to [email protected] Consistent with any communication preferences you may have previously provided, the CRUISE YACHT CO will also send special offers or promotions by email, telephone, SMS or mail. If you have any questions, concerns or would like to make a change, please send an email to [email protected] CARRIER may, but is not required to, make wireless Internet or telephone access ("Wireless Services") available as a convenience; CARRIER ENTITIES accept no responsibility for interruptions in its service. Guest agrees to use Wireless Services at Guest’s own risk; CARRIER ENTITIES shall not be liable in any manner for resulting claims (including without limitation lack of privacy), losses or damages. Using Wireless Services is public; information sent or received is not guaranteed to be private. Guest’s Personal Data and Personal Preferences may be available to third parties. By using Wireless Services Guest agrees CARRIER ENTITIES may monitor, record, intercept and disclose any transmissions and may provide to others all information relating to all Wireless Services (e.g., billing, account, or use records), in its sole discretion or as required by law. Guest agrees to comply with CARRIER ENTITIES’ Terms and Conditions of Wireless Services.
Force Majeure: Except as provided herein, CARRIER ENTITIES shall not be liable in any way to the Guest for death, injury, illness, damage, delay or other loss or detriment to person or property or for CARRIER ENTITIES’ failure to commence, perform and/or complete any duty owed to the Guest if such death, injury, illness, damage, delay or other loss or detriment to person or property is caused by act of God, war or warlike operations, terrorist activities, civil commotions, labor difficulties(whether or not CARRIER is a party thereto), interference by authorities, requisitioning of the Yacht, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Yacht, fire, or any other cause whatsoever beyond the control of CARRIER ENTITIES.
Interpretation: Should any provision of the Cruise Contract be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision shall be deemed to be severed from the Cruise Contract and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of the Cruise Contract are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and vice versa. The Terms and Conditions contained in the Ritz-Carlton Yacht Collection website (www.ritzcarltonyachtcollection.com) in effect as of the Sailing Date of the cruise to which this Cruise Contract relates are hereby incorporated by reference into this Cruise Contract. In the event of conflict between the provisions of this Cruise Contract, the Terms and Conditions contained in the Ritz-Carlton Yacht Collection website, the terms of any Ritz-Carlton Yacht Collection advertisement or offer, and the oral representations of any Ritz-Carlton Yacht Collection representative, the provisions of this Cruise Contract shall control.
No Pets Allowed: No pets or animals are permitted onboard the Yacht, except for service animals. See paragraph 12.
Written Notices: Except as otherwise expressly provided in this Contract, all written notices required by the Contract must be mailed, postage prepaid, to:
Cruise Yacht OpCo Ltd
Dba The Ritz-Carlton Yacht Collection
2601 South Bayshore Drive
Coconut Grove, FL 33133