IMPORTANT NOTICE TO GUESTS
THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY CARNIVAL CRUISE LINE TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW.
THE ATTENTION OF GUEST IS ESPECIALLY DIRECTED TO SECTIONS 1, 4, AND 12 THROUGH 15, WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS TO ASSERT CLAIMS AGAINST CARNIVAL CRUISE LINE, THE VESSEL, THEIR AGENTS AND EMPLOYEES, AND OTHERS, INCLUDING FORUM SELECTION, CHOICE OF LAW, TIME LIMITATIONS FOR FILING SUIT, ARBITRATION, WAIVER OF JURY TRIAL FOR CERTAIN CLAIMS, AND CLASS ACTION WAIVER.
IMPORTANT TERMS AND CONDITIONS OF CONTRACT - READ CAREFULLY!
In consideration of the receipt of the total cruise price and/or boarding and lodging on the vessel to which this Ticket Contract applies (the “Vessel”), Carnival Cruise Line (“Carnival”) and Guest agree that the booking of the cruise and the cruise are subject to the following terms and conditions:
1. DEFINITIONS AND SCOPE OF CONTRACT
(a) Whenever the word “Carnival” is used in this Contract it shall mean and include the Vessel, and all its owners, operators, employees, agents, charterers, and water shuttles. The term “Guest” shall include the plural where appropriate, and means all persons or entities booking or purchasing passage and/or traveling under this Contract, including heirs, representatives, and any accompanying minors. The masculine includes the feminine. “Guest” shall have the same meaning as “Passenger” in this Contract.
(b) “Cruise Fare” or “Fare” means the amount paid for the cruise which includes full board, ordinary ship’s food during the voyage, but not charges or expenses for goods or services voluntarily or incidentally incurred by Guest, including, but not limited to, for spirits, wine, beer, soft drinks or mineral waters, shore excursions, salon and spa services, room service or dining in specialty restaurants, charges for any medical services received onboard, or Service Gratuities (as described below). “Required Cruise Fees and Expenses” means the amount of mandatory and third-party fees and expenses associated with the Cruise Fare for services on board and in port (which are subject to penalty). “Government Taxes and Fees” means taxes and government-imposed fees for the performance of the cruise and related purchases, such as port head taxes, value-added taxes, air and hotel taxes, and similar fees and taxes assessed on the transaction and associated with the Cruise Fare. “Cruise Charges” means the Cruise Fare and Required Cruise Fees and Expenses, combined. The “Total Cruise Price” means the Cruise Fare, Required Cruise Fees & Expenses and Government Taxes and Fees, combined.
(c) The Total Cruise Price shall be deemed to be earned when paid and not refundable except as stated on Carnival’s website applicable to the voyage and as provided in Section 7 herein. For your convenience, a “Service Gratuity” will be automatically added to the onboard account for each guest, except for children under the age of 2, to recognize the efforts of a wide variety of crewmembers in various departments who contribute to the experiences of all our guests. Service Gratuities, which are subject to adjustment at your discretion, are pooled and distributed in the form of added wages, bonuses and/or crew benefits. A Service Charge will be automatically added to optional purchases for beverages, specialty dining and other voluntary purchases during the cruise.
(d) This ticket is valid only for the person(s) named hereon as Guests and cannot be transferred or modified without Carnival’s written consent. The acceptance or use of this ticket by the person(s) named hereon as Guests shall be deemed acceptance and agreement by each of them to all of the terms and conditions of this cruise Contract.
(e) All rights, exemptions from liability, defenses and immunities of Carnival under this contract shall also inure to the benefit of Carnival’s facilities, whether at sea or ashore, servants, agents, managers, affiliated or related companies, suppliers, shipbuilders and manufacturers of component parts and independent contractors, including, but not limited to, shore excursion or tour operators, ship’s physician, ship’s nurse, retail shop personnel, health and beauty staff, fitness staff, video diary staff, and other concessionaires, who shall have no liability to the Guest, either in contract or in tort, which is greater than or different from that of Carnival.
(f) Except as otherwise expressly provided herein, this contract constitutes the entire agreement between Carnival and Guest and supersedes all other agreements, oral or written. Any alteration to any term of this contract must be in writing and authorized by Carnival. In the event of a direct conflict between a provision of this contract and a provision of the Cruise Industry Passenger Bill of Rights (“PBOR”) in effect at the time of booking PBOR controls. Guests purchasing, spa services or shore excursions through Carnival are subject to the additional terms and conditions which are incorporated by reference. VIFP Members agree to the additional terms and conditions of VIFP membership which are incorporated by reference. Except as provided in Section 14 below, should any provision of this contract be contrary to or invalid by virtue of the law of the jurisdiction in which this contract is sought to be enforced or be so held by a court of competent jurisdiction, such provision(s) shall be deemed to be severed from the Contract and of no effect and all remaining provisions herein shall be in full force and effect and constitute the Contract of Carriage.
(g) Onboard charges and additional expenses charged to Guest’s Sail and Sign ® account will be made in the functional currency of the Vessel, which may differ from the type of currency used to secure the booking.
2. TRAVEL DOCUMENTATION AND GUEST OBLIGATIONS
(a) Proper travel documentation and eligibility to travel is required at embarkation and throughout the cruise. In addition to immigration and customs requirements, the U.S. government and others place restrictions on the carriage of Guests whose names appear on government watch lists or who are deemed legally ineligible to travel. It is the Guest’s sole responsibility to ensure his/her legal eligibility to travel and to bring and have available at all times all required travel documents. Guests are advised to check with their travel agent and with the appropriate government authorities to determine the necessary documents and travel eligibility requirements for their particular cruise destinations, including the port of embarkation. Carnival assumes no responsibility for advising Guest of what travel documents are required for the requested itinerary and it is recommended that Guest travel with a valid government issued passport at all times. Carnival may cancel the booking of any Guest who is or becomes ineligible to travel for any reason, or who is traveling without proper documentation. Any such Guest, or any Guest who fails to board the ship at embarkation, shall be ineligible to board the ship thereafter without Carnival’s consent, and shall not attempt to do so at the same or another port. Under these circumstances the Guest shall not be entitled to a refund or compensation of any kind. Guest is responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to their final destination. Under no circumstances shall Carnival be liable for any costs, damages or expenses whatsoever incurred by any Guest as a result of such failure, cancellation or denial of boarding.
(b) Guest acknowledges receipt of Carnival’s applicable website and travel information and agrees to abide by the terms and conditions of not just this Contract, but also the information contained on Carnival’s website, including but not limited to the information contained in the “Frequently Asked Questions” and “Embarkation Information” sections.
(c) Guest acknowledges that, for a voyage commencing in a United States port for a round-trip voyage via one or more United States ports, Guest must complete the voyage and disembark at the embarkation port. Failure to do so may result in a fine or penalty being imposed by the United States Customs Service or other governmental agency. In consideration for the Cruise Fare paid, Guest agrees to pay any such fine or penalty imposed because of Guest’s failure to complete the voyage.
(d) Carnival shall refuse boarding to any Guest under the age of twenty-one (21) unless: (1) the Guest is traveling in the same stateroom with an individual twenty-five years or older; (2) traveling in the same stateroom with their spouse; or (3) traveling with a parent or guardian in an accompanying stateroom; or (4) is a qualified member of the U.S. military. Adult Guests agree to be responsible at all times for the safety and behavior of their minor Guests who are traveling with them and Guests agree to properly supervise and monitor all minors traveling with them and to prevent such minors from engaging in hazardous horseplay or any other dangerous behavior. Proof of age and/or proof of marriage are required. Carnival shall not be liable to make any refunds or for any damages with respect to any Guest’s failure to provide proper proof of age or marriage or otherwise comply with this provision.
(e) Guests must attend the mandatory safety briefing once onboard at the commencement of the cruise and any subsequent briefing ordered by the ship’s officer during the cruise. Guests shall comply with all onboard health, environmental and safety policies and procedures (including but not limited to those specified in Sections 5 and 6 below and on Carnival’s website (opens a new window) ), and shall familiarize themselves with the nature and character of the ship, as well as, all emergency exits, to assist with safe evacuation in the event of an emergency.
(f) Guests must comply with all pre-embarkation, onboard and shore excursion rules and policies including, but not limited to, all environmental and public health policies and procedures, and shall familiarize themselves with the nature and character of the ship, onboard waste /recycling receptacle stations, and Guest agrees to comply with all such policies and procedures, as well as environmental laws and regulations.
(g) Carnival may deny boarding to any persons with certain enumerated crimes on their record, which include but are not limited to aggravated assault (including aggravated domestic violence), murder, robbery, sexual assault, and other sexual offenses. Carnival reserves the right to access public records containing information about any criminal convictions and/or crimes to which Guest has pleaded guilty as part of its Guest screening process, including obtaining a consumer background report showing such criminal pleas and convictions from a credit reporting agency and to deny embarkation at any time to any person who has been convicted of any of or pleaded guilty to any of the crimes enumerated above. Carnival may also deny boarding to any persons who have violated Carnival’s Code of Conduct in the past or persons whom Carnival deems to be a concern for the safety or wellbeing of other guests or crew. Guest hereby consents to Carnival’s accessing public records concerning Guest and obtaining a consumer background report regarding Guest from a credit reporting agency regarding criminal conviction/s and conduct as part of its screening policy. In the event a denial of boarding: 1) the reservation of the Guest who is denied boarding because of a criminal record, past violation of Carnival’s Code of Conduct, or because of a concern for the safety or wellbeing of other guests or crew, shall be deemed to have been cancelled by the Guest who is denied boarding on the date of the booking of such Guest’s reservation, and subject to the standard cancellation penalties in Section 7 below and 2) the booking, reservation and ticket contract of any Guest travelling with any person denied boarding due to this screening policy (including, but not limited to, the booking, reservation or ticket contract of those in the same travel party as Guest, whether or not such person was to stay in the same cabin or another cabin with the individual denied boarding) shall be unaffected and cancellation by any of these other Guests will be subject to the standard cancellation penalties in Section 7 below.
(h), Guests must arrive on time at the port and at their designated arrival appointment time. Except as otherwise expressly provided in Carnival’s Cancellation and Refund Policy, no refunds will be made in the event of “no shows”, unused tickets, lost tickets, partially used tickets, or cancellations received late or after the start of the cruise. Guest further acknowledges and agrees that they must debark the vessel as instructed by the crew and at their designated time slot for debarkation. Guests will not be permitted to delay the debarkation process or request late debarkation.
3. YOUR TRAVEL AGENT; CONTACT INFORMATION AND RELEASE
(a) Any travel agent, sales agent, or third party travel company utilized by the Guest in connection with the booking of the cruise, or this contract, is solely the agent of the Guest and not Carnival. Carnival is not responsible for the financial condition or integrity of any travel agent utilized by Guest. In the event that an agent shall fail to remit to Carnival any monies paid to the agent by Guest, Guest shall be and remain liable for any fare or other amounts due to Carnival, regardless of whether liability is asserted before or after embarkation. Issuance and validity of ticket contract is conditional upon final payment being received by Carnival prior to sailing. Any refund made by Carnival to an agent on behalf of Guest shall be deemed payment to Guest, regardless of whether the monies are delivered by the agent to Guest. Receipt of this ticket contract, any other documentation or notification pertaining to the cruise by Guest’s travel agent shall constitute receipt by Guest.
(b) Guest agrees that any email address, telephone number, or mailing address provided to Carnival during the booking or per-cruise process by or on behalf of such Guest (“Provided Contact Information”) may be used by Carnival as the email address, telephone number, or mailing address for such Guest, whether or not the Provided Contact Information in fact includes Guest’s individual email address, telephone number, or mailing address. Guest consents to and agrees that Carnival may use the Provided Contact Information to give any notice or information relating to Guest’s reservation, booking, or ticket contract and that Carnival’s sending of any notice or information by use of the Provided Contact Information shall constitute notice to Guest. Guest further consents to and agrees that Carnival may communicate with any person contacting Carnival from any Provided Contact Information concerning Guest’s reservation, booking, or ticket contract. GUEST HEREBY RELEASES AND FOREVER DISCHARGES CARNIVAL, AND CARNIVAL’S EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND CONTRACTORS, FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTIONS OR SUITS ARISING OUT OF, OR RELATED TO: 1) CARNIVAL’S USE OF THE PROVIDED CONTACT INFORMATION TO PROVIDE NOTICES OR INFORMATION TO GUEST, OR; 2) CARNIVAL’S COMMUNICATING WITH ANY PERSON CONTACTING CARNIVAL FROM THE PROVIDED CONTACT INFORMATION CONCERNING GUEST’S RESERVATION, BOOKING, OR TICKET CONTRACT.
4. BAGGAGE, PERSONAL PROPERTY, PROHIBITED ITEMS, AND LIMITATION OF LIABILITY
(a) Each fully paid adult Guest will be allowed a reasonable amount of luggage on board containing their personal belongings. Luggage means only trunks, valises, satchels, bags, hangers and bundles with their contents consisting of only such wearing apparel, toilet articles and similar personal effects as are necessary and appropriate for the purpose of the journey. Carnival reserves the right to inspect all luggage for the safety and security of the Vessel and deny any such luggage it deems unreasonable or unsafe.
(b) You agree that Carnival's liability as a Carrier for loss or damage to baggage is limited to US $250 per bag per Guest up to a maximum of two (2) bags per Guest for sailings 14 days or less and up to a maximum of three (3) bags per Guest for sailings 15 days or longer. Carnival shall not be liable for any loss or theft of or damage to or disposition of cash, securities, negotiable instruments, jewelry, gold, silver or similar valuables or precious stones, works of art, electronics, computers (whether handheld, laptop or other), DVD/Blu-ray players or digital or flash drive computer equipment, disks, memory cards or other electronic storage, handheld or similar devices, cellular telephones, cameras, video or audio tapes, CDs, binoculars, recreational equipment, dental hardware, cosmetics, electric hair appliances, liquids, luggage locks, eyewear (including eyeglasses, sunglasses and contact lenses), hearing aids, medications, medical equipment, wheelchairs, scooters, liquor or other alcoholic beverages, cigarettes, tobacco products or business or other documents under any circumstances, whether carried within Guest’s luggage or otherwise. Use of any stateroom safe will not increase Carnival’s liability as provided in this Ticket Contract.
(c) No tools of trade, household goods, presents and/or property of others, jewelry, money, cameras, documents, valuables of any description including but not limited to such articles as are described in Title 46 of the United States Code section 30503 shall be carried except under and subject to the terms of a special written contract or Bill of Lading entered into with Carnival prior to embarkation upon application of the Guest. The Guest warrants that no such articles are contained in any receptacle or container presented by him as baggage hereunder, and if any such articles are shipped in the Guest’s baggage in breach of this warranty, no liability for negligence, gross or ordinary, shall attach to Carnival for any loss or damage thereto.
(d) Carnival shall not be liable for: (1) Guest’s failure to comply with the requirements set forth in this clause (2) any loss or damage before baggage comes into Carnival’s actual custody on board or after baggage leaves Carnival’s actual custody on board, including, but not limited to, loss or damage by airlines or other transportation services; (3) any loss or damage of baggage while not in the actual possession, custody and control of Carnival; (4) damage due to wear, tear or normal usage; (5) any loss or damage of perishable items, medicine, liquor, cash, securities or other financial instruments, or (6) any loss or damage while in the custody and control of stevedores.
(e) No Guest is permitted to bring on board the Vessel live animals (other than qualified service dogs, with not less than 14 days advance notice given to Carnival). Guest will be solely responsible for any and all damage and/or loss caused by service dogs.
(f) Weapons, knives, firearms, contraband, ammunition, explosives, incendiary devices, or other dangerous items are strictly prohibited aboard the Vessel. Carnival reserves the right to confiscate, destroy and/or turn over to authorities these or any other items it deems in its sole discretion to be detrimental to the safety or comfort of any person or which are otherwise improperly in the possession of any Guest. Each Guest warrants that no such articles are contained in any receptacle or container carried or presented as baggage. Alcoholic beverages are prohibited except as provided for in Section 9.
(g) Marijuana and cannabis, and any and all marijuana and/or cannabis derivatives, and all illegal controlled substances are strictly prohibited and may not be brought on board any Carnival vessel. Marijuana and all marijuana and cannabis derivatives are strictly prohibited from Carnival’s vessels, even if they are legal in some states or jurisdictions. Guest hereby expressly agrees that Carnival has, at all times with or without notice, the right to search Guest’s cabin and baggage and/or personal effects for any prohibited items including but not limited to drugs, weapons, and other contraband, at any location, to ensure compliance with these and other restrictions. Guests and their luggage will be routinely and randomly screened by security personnel and screening tools and equipment, including narcotics and contraband sniffing dogs during embarkation, at ports of call and on board. Any Guest who refuses any such search or screening, or any Guest traveling with such items and/or attempting to board the Vessel with any such items, may be denied boarding or reboarding and/or disembarked and no refund of any portion of the the Total Cruise Price will be issued. Guest will be solely responsible for any and all damage and/or loss caused by his violation of this policy.
5. PUBLIC HEALTH PRACTICES AND PROCEDURES; UNDERSTANDING AND ACCEPTANCE OF RISKS
GUESTS ARE ENCOURAGED TO DISCUSS THE ADVISABILITY OF TRAVEL WITH THEIR PHYSICIAN AND TO REVIEW THE U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION (“CDC”) WEBSITE FOR UPDATED INFORMATION. GUEST ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT WHILE ABOARD THE VESSEL, IN TERMINALS AND BOARDING AREAS, OR DURING ACTIVITIES ASHORE AND/ OR WHILE TRAVELING TO OR FROM THE VESSEL, THE GUEST OR OTHER GUESTS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19, INFLUENZA, COLDS AND NOROVIRUS. GUEST FURTHER UNDERSTANDS AND ACCEPTS THAT THE RISK OF EXPOSURES TO THESE COMMUNICABLE ILLNESSES AND OTHERS IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, ARE BEYOND CARNIVAL’S CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. GUEST KNOWINGLY AND VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS TICKET CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.
6. NATURE OF CRUISE; FITNESS TO TRAVEL; SPECIAL NEEDS; PREGNANCY AND INFANTS; DISEMBARKATION
(a) The Guest admits a full understanding of the character of the voyage and the Vessel and assumes all risks incident to travel and transportation and handling of Guests and cargo. While at sea or in port the availability of medical care may be limited or delayed. Guest acknowledges that all or part of their voyage may be in areas where medical care and evacuation may not be available. Guest agrees to indemnify and reimburse Carnival in the event Carnival elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith. Guest acknowledges that their own health insurance will not cover or be applicable to any medical services received on board and that such charges may not be eligible for reimbursement from Guest’s own insurance. Guest acknowledges and agrees that they are solely responsible for all charges related to medical services received onboard and/or at a port of call. Carnival strongly encourages all guests to obtain travel insurance prior to the cruise that can help offset such medical expenses. Guest further acknowledges and agrees that all charges for delivered onboard medical services will be automatically applied to the Guest’s shipboard Sail and Sign® account. Guests who embark in violation of the Ticket Contract terms assume all associated risks and agree to indemnify and reimburse Carnival for all resulting losses, costs and expenses, including without limitation those related to the Vessel’s deviation from its scheduled route, and other expenses attributable to disembarkation of such Guests. Guests are further advised to refer to Sections 5 and 11 which specify their responsibilities and obligations in these situations.
(b) Carnival’s vessels visit numerous ports in a number of countries. Guests assume responsibility for their own safety and Carnival cannot guarantee Guest’s safety at any time. The United States Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations regularly issue advisories and warnings to travelers and Carnival strongly recommends Guests obtain and consider such information when making travel decisions. Carnival assumes no responsibility for gathering said information.
(c) Guest warrants that Guest and Guest’s travelling party are physically and emotionally fit to travel at the time of embarkation, and further warrants that such Guests have no medical or emotional condition that would endanger any Guest or crewmembers or result in a deviation of the voyage. Any Guest with special medical, physical, or other needs requiring medical attention or special accommodation during the voyage is requested to notify Carnival in writing at the time of booking of such special need. Upon booking the cruise, Guests who have special needs are requested to contact Carnival’s Guest Access Desk (305-599-2600 ext. 70025) to discuss the details of their special needs. Carnival recommends that any Guest who is not self-sufficient travel with a companion who shall take responsibility for any assistance needed during the voyage. Carnival does not provide one-on-one personal care assistance, and all Guests must be able to provide such care for themselves (e.g., performing personal tasks such as eating, dressing, toileting, bathing, and getting around the ship). Once on board, our crew will not provide any assistance with such personal tasks. Guests are encouraged to contact their treating physician to discuss their health concerns, including pregnancy, before traveling. (See Clause 6(d) below for pregnancy restrictions).
(d) Carnival and the Master each reserves the right to adopt and implement public health protocols, refuse boarding or passage, disembark, or confine to a stateroom any Guest who violates the terms of this ticket contract or Carnival’s policies or any Guest whose physical or mental condition or behavior would be considered, in the sole opinion of the Captain in consultation with the ship's physician, a risk to any Guest or crew member. Guest understands and acknowledges that in addition to the limitations on medical care described in Clause 6(a), prenatal and early infant care, in particular, may require specialized diagnostic facilities and/or treatment that are not available or obtainable during the cruise on board the ship and/or ashore in ports of call. Therefore, any Guest that is unfit to travel, and any Guest who will at any time during the cruise enter her 24th week of estimated gestational age, agrees not to book a cruise or board the ship. Infants must be at least 6 months of age at the time of embarkation in order to sail, however children must be at least 12 months of age at the time of embarkation to sail on the following itineraries: Transoceanic voyages and remote itineraries, where there are more than 2 consecutive sea days. Carnival and the Master reserve the right to disembark any unfit Guest or any Guest whose behavior affects the comfort, enjoyment, safety or wellbeing of other Guests or crew members. Guests disembarked in such circumstances shall be liable as set forth in Sections 2, 9 and 11. Carnival reserves the right to debark, deny boarding, or cancel the reservation without refund, compensation, or payment of any Guest who is unfit to travel and/or who will be in excess of their 23rd week of gestation at time of sailing, except as set forth in Carnival’s cancellation policy described in Section 7 below, based on the timing of such cancellation.
7. CANCELLATION BY GUEST, REFUNDS
Guests must arrive on time at the port and at their designated boarding appointment time. Except as otherwise expressly provided in Carnival’s Cancellation and Refund Policy, no refunds will be made in the event of “no shows”, unused tickets, lost tickets, partially used tickets, or cancellations received late or after the start of the cruise. Carnival strongly recommends the purchase of trip cancellation insurance that includes coverage for travel cancellation or interruptions.
Cancellation charges for all bookings will be assessed as listed below. Guests who have made reservations for multiple occupancy cabins (for example for three, four, or five persons) are subject to the cancellation charges and schedule below for the entire cabin reservation, even if Guest does not cancel his or her individual reservation and even if the names of all persons to be in the same cabin as Guest are not provided at the time of booking. Guests whose embarkation is denied under Section 2(g) above (related to background checks and conduct) are also subject to the cancellation schedule below as are Guests who have made bookings as part of the same travelling party as a Guest who is denied embarkation, as set forth under Section 2(g) above.
Guest agrees that any losses sustained by Carnival in the event of cancellation would be very difficult or impossible to quantify, and the cancellation fees are fair and reasonable as liquidated damages.
Total Fare is defined as Cruise Charges, Transfer Services, Pre/Post Cruise Vacation Packages and Air Supplements (excluding Restricted Air which is non-refundable any time after booking). Government Taxes and Fees, as shown on your cruise invoice, as well as any prepaid Service Gratuity, will not be subject to a cancellation penalty and will be refunded in case of cancellation.
*Certain promotional offers may not be listed on this page, please refer to the terms and conditions of your specific promotion for more details. A full ship charter and a group contract other than this Ticket Contract may specify their own cancellation charge schedule.
Except as otherwise provided in Carnival’s Cancellation and Refund Policy, the deposit under Early Saver is non-refundable. All cancellations that occur prior to final payment due date will receive a non-refundable and non-transferable future cruise credit, redeemable for US dollars bookings, in the amount of the deposit less a $50 per person service fee. The future cruise credit must be used for a new reservation made within 12 months from the date of cancellation, is applicable to any Carnival Cruise Line sailing available in US dollars and can only be applied to the price of your future cruise. Any unused portion will be forfeited.
8. CARNIVAL’S RIGHT TO INCREASE FARES, INCREASE OR ESTABLISH CHARGES FOR GOODS AND SERVICES, CANCEL OR CHANGE VOYAGE, AND CHANGE STATEROOM ASSIGNMENTS AND TO PERFORM CONSTRUCTION OR REPAIRS, LIMITATIONS ON VACATION PROTECTION PRODUCTS
(a) Subject to applicable laws, Carnival reserves the right to increase published fares and air fare supplements without prior notice. However, fully paid or deposited Guests will be protected, except for fares listed, quoted, advertised or booked in error, other changes to deposit, payment and cancellation terms/conditions, which are subject to change without notice at any time prior to the Guest receiving a confirmed booking. In the event that a cruise fare listed, quoted or advertised through any website, Carnival sales person, travel agent or any other source is booked but is incorrect due to an electronic error, typographical error, human error or any other error causing the fare to be listed, quoted or advertised for an amount not intended by Carnival, Carnival reserves the right to correct the erroneous fare by requesting the Guest to pay the correct fare intended (and associated fees, expenses and taxes), or by canceling the cruise in exchange for a full refund, but in no event shall Carnival be obligated to honor any such booking resulting from the error or otherwise be liable in such circumstances.
(b) Carnival reserves the right to offer promotional cruise fares that require a minimum occupancy requirement per cabin. When the booked cruise fare is contingent on a minimum occupancy requirement per cabin, cancellation by one or more Guests in a cabin may cause an adjustment to the remaining Guests booked cruise fare based on the prevailing and available rate at the time of the cancellation (“recalculated fare”). Final payment in full of the recalculated fares (and associated fees, expenses and taxes) for all remaining Guests in a cabin is due by 11:59:59 p.m. EST on the eve before the start of the cancellation penalty period. Failure to make timely final payment in full of the recalculated total price by all remaining Guests in a cabin will result in automatic cancellation of the reservation for the entire cabin.
(c) Carnival has the right, without previous notice to the Guest, to cancel this contract at the port of embarkation or at any time during the voyage. In the event a voyage is canceled or terminated early due to a mechanical failure of the Vessel, Guest is entitled to their Total Cruise Price, or a proportional share thereof as determined by Carnival, in addition to transportation to the Vessel’s scheduled port of disembarkation or Guest’s home city, at Carnival’s discretion and expense, as well as necessary lodging at the unscheduled port of disembarkation, if required, at Carnival’s expense. In the event a voyage is canceled or shortened for any reason other than a mechanical failure of the Vessel, Guest shall be entitled to a Future Cruise Credit or an Onboard Credit equal to their Total Cruise Price paid or a proportional part thereof, as determined by Carnival, and Carnival shall have no further liability for damages or compensation of any kind.
(d) Carnival may change the duration and/or itinerary of the cruise at any time. The Vessel shall be entitled to leave and enter ports with or without pilots or tugs, to tow and assist other vessels in any circumstances, to return to or enter any port at the Master’s discretion and for any purpose, and to deviate in any direction or for any purpose from the direct or usual course, and to omit or change any or all port calls, arrival or departure times, with or without notice, for any reason whatsoever, including but not limited to health and safety, security, adverse weather, hurricanes, tornadoes, strikes, tides, hostilities, civil unrest, port closings, emergency debarkations of Guests or crew, late air, sea, car or motor coach departures or arrivals, mechanical breakdowns, declared pandemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies, US or foreign governmental advisories or travel warnings, all such deviations being considered as forming part of and included in the proposed voyage. Except as provided in Clause 8(c) with respect to mechanical failures, as provided in Carnival’s change of itinerary policy in effect when the Guest or Guest’s agent accepts the terms of this Ticket Contract, or as required by federal regulations, Carnival shall have no liability for any compensation or other damages in such circumstances for any change in itinerary, ports of call, ports of embarkation and debarkation, and/or duration of the cruise (including a longer than planned duration of the cruise due to port closings) (Carnival’s change of itinerary policy can be found at Carnival's Website (opens a new window) or at Carnival's FAQs (opens a new window) Page).
(e) Except as provided in Clause 8(c) with respect to mechanical failures, or as required by federal regulations, if the performance of the proposed voyage is hindered or prevented (or in the opinion of Carnival or the Master is likely to be hindered or prevented) by war, hostilities, blockage, ice, labor conflicts, adverse weather conditions, strikes on board or ashore, restraint of Princes, Rulers or People (including but not limited to orders by governmental agencies restricting travel due to declared pandemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies) seizure under legal process, breakdown of the Vessel, congestion, docking difficulties or any other cause whatsoever or if Carnival or the Master considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the port of Guest’s destination may expose the Vessel to risk or loss or damage or be likely to delay her, the Guest and his baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call, at which time the responsibility of Carnival shall cease and this contract shall be deemed to have been fully performed, or if the Guest has not embarked, Carnival may cancel the proposed voyage without liability to refund passage money or charges or fares paid in advance.
(f) Carnival and the Master shall have liberty to comply with any orders, recommendations or directions whatsoever given by the Government or Department of any nation or by any person acting or purporting to act with the authority of such Government or Department or by any Committee or person having under the terms of the War Risks Insurance on the Vessel the right to give such orders, recommendations or directions, and if by reason of, and in compliance with any such orders, recommendations or directions anything is done or is not done the same shall not be deemed a deviation or a breach of this contract. Disembarkation of any Guest or discharge of baggage in accordance with such orders, recommendations or directions shall constitute due and proper fulfillment of the obligation of Carnival under this Contract.
(g) Specific stateroom assignments are not guaranteed. Carnival reserves the right to move Guests to a comparable stateroom for any reason, including but not limited to, instances in which a stateroom is booked with fewer than the maximum number of Guests the stateroom can accommodate; or when a partial Guest cancellation occurs and the remaining number of Guests do not match the maximum number of Guests the stateroom can accommodate.
(h) Guest agrees and acknowledges that Carnival may, at any time and without notice, impose charges for, increase charges for and/or eliminate goods and services voluntarily purchased by Guest, other than what is included in your Cruise Fare, without liability to the Guest. These additional charges are exclusive of your Cruise Fare. The goods and services offered or available during the cruise, may differ from goods and services previously offered or available on prior cruises and/or what was advertised on prior versions of Carnival’s website (Carnival.com), commercials, in other printed media, and/or in prior verbal discussions.
(i) Carnival reserves the right to periodically perform repairs to the Vessel and/or perform construction on the Vessel to alter, amend or remove any appurtenance, amenity, or facility on the Vessel. Guest acknowledges that such repairs, alterations, amendments or removal of any appurtenance may occur during the cruise and agrees that Carnival shall not be liable to Guest for a refund, of any portion of the Total Cruise Price, full, partial or otherwise, nor shall Guest have any legal or equitable cause of action relating thereto.
(j) Guest hereby acknowledges and agrees that Carnival’s “Great Vacation Guarantee” program has been suspended and that Guest is not entitled to any benefit thereof.
9. COMPLIANCE WITH RULES, SOLICITATION, SMOKING, DRINKING, ILLEGAL ACTIVITY, SEARCHES, DISRUPTIVE BEHAVIOR, BEVERAGE POLICY AND ENVIRONMENTAL POLICY
(a) Guest agrees during the course of the voyage to follow the directions of the ship’s Master, or his authorized officer. Guest further agrees to abide by all shipboard rules and policies. Guests shall not solicit anyone on the Vessel for any commercial, professional, illegal, or illicit purposes. Guest agrees that any violation of this or any Clause in the ticket contract may subject Guest to disembarkation with no refund to the Guest and any such actions may cause Guest to be prohibited from sailing with Carnival in the future.
(b) Guest acknowledges that smoking is only permitted in designated areas. Guest agrees to refrain from smoking in non-designated areas and agrees that Carnival has the right to assess up to a $500 charge, per violation, and to disembark the Guest for failure to observe Carnival's Tobacco and Marijuana Smoking Policy ("Smoking Policy") (opens a new window) with no refund to the Guest.
(c) Any and all forms of smoking, including but not limited to, cigarettes, cigars, pipes, vaporizers, and electronic cigarettes are strictly prohibited on board Carnival’s vessels except in specific designated exterior deck areas and designated casino/night club spaces. All staterooms and suite accommodations, including the outside balconies, are NON-SMOKING. In accordance with Carnival's Smoking Policy (opens a new window) any marijuana possession or use is strictly prohibited on all Carnival ships at all times, regardless of local, state, or other laws which might permit use or possession of marijuana. Carnival abides by U.S. Federal Law which prohibits the possession or use of marijuana on its ships for any reason. Any Guest who brings marijuana or any illegal controlled substances on board, in violation of Carnival’s policy or U.S. or international law, including any law of a port or the flag state, will be reported to local and/or Federal authorities and U.S. Customs & Border Protection for possible detainment and/or enforcement action. Carnival may deny boarding or disembark any Guest who brings or attempts to bring marijuana or any illegal substance on board with no refund to Guest and at Guest’s own expense for repatriation and travel. Guest agrees to strictly comply with Carnival’s Smoking Policy. Guest further agrees that any violation of Carnival’s Smoking Policy would also cause Carnival to incur damages, including but not limited to, loss of Guest goodwill, revenue, cleaning, maintenance, fines and/or other costs. Any evidence of smoking in a stateroom or balcony, e.g.; smoke smell/residue, butts, ashes, upholstery/furniture burns, tampering of the smoke alarm, will constitute a violation of Carnival's Smoking Policy (opens a new window) . Guests who violate our Smoking Policy will be assessed a $500 charge, per violation, on the Guest’s Sail & Sign® account, and may also result in the disembarkation of all Guests in the stateroom. Fines will be assessed in the functional currency of the Vessel which might be different than the currency used to secure the booking. Such Guests will be solely responsible for all resulting financial penalties and expenses to return home, and no portion of their Total Cruise Price will be refunded. Guest further acknowledges and agrees that any violation of this policy shall, in the sole discretion of Carnival, constitute a material breach of this cruise contract. In the event of such breach, Guest forfeits all rights hereunder, including the right to remain on board. Carnival reserves the right to disembark Guest(s), at any port, as determined by Carnival. Carnival shall not be liable for any refund or other compensation or damages whatsoever to any Guest disembarked pursuant to this provision, or who disembarks because another Guest is so disembarked. Such Guests may also be prohibited from sailing with Carnival in the future.
(d) Guest agrees, in all ports of call, to return to the Vessel or pre-boarding location in accordance with instructions given by the Vessel’s Master or his authorized officer. Guest further acknowledges that shipboard and shore side clocks may have different times, but it is Guest’s responsibility to return to the Vessel or pre-boarding location so as not to miss Vessel’s departure. Any costs associated with transporting Guest to rejoin the Vessel including, but not limited to, governmental fees, visa fees, subsistence, lodging, air fare, launch fare, car hire or agency fees shall be for the account of Guest. The Guest shall be liable to and shall reimburse Carnival or the Master for any fines or penalties imposed on Carnival by any government, governmental or regulatory agency, entity, or official, port or port official, or for expenses or losses caused or incurred for Guest’s intentional or negligent act or omission, including but not limited to, criminal or disruptive behavior by the Guest onboard or Guest’s failure to board the ship prior to the scheduled departure time at any port.
(e) Carnival has a “zero tolerance” policy toward any illegal activity or behavior by Guests or crew aboard. Guest agrees to comply with this policy and further acknowledges that it is Carnival’s policy to report incidents of illegal activity or behavior to the appropriate law enforcement authorities. Carnival will cooperate with relevant authorities in any civil or criminal proceedings sought by those agencies. For the safety of the Vessel and of other guests and crew, Carnival reserves the right to confine any Guest who commits a crime on board until law enforcement authorities can be contacted and/or board the Vessel.
For safety reasons, Guests are prohibited from bringing alcoholic beverages on board with the following exception: At the beginning of the cruise during embarkation day, Guests (21 years of age and older) may carry on in their hand luggage, one 750 ml bottle of sealed/unopened wine or champagne per person. A $15 corkage fee (a charge exacted at a restaurant for every bottle of wine served that was not bought on the premises), per 750 ml bottle, will be charged should Guests wish to consume their wine or champagne in a main dining room, steakhouse or bar. Guests are also prohibited from bringing water, sodas and other non-alcoholic beverages on board that are packaged in bottles. A small quantity of non-alcoholic beverages (i.e., sparkling water, sodas, juice, milk) packaged in cans or cartons may be brought on board on embarkation day, only if carried on in Guests’ hand luggage (not in checked luggage). A small quantity is considered a maximum of 12 sealed, unopened cans/cartons of 12 ounces each or less per person. Any hard liquor, beer, other forms of alcoholic beverage, and non-alcoholic beverages, outside of the exceptions referenced above, are strictly prohibited (in both carry-on and checked luggage) and such items will be confiscated and discarded, and no compensation will be provided. Alcoholic beverages purchased in the Vessel’s gift shops or at a port of call will be retained by Carnival until the end of the voyage. Carnival reserves the right to refuse to serve alcohol to any passenger. Guest acknowledges that the minimum age permitted for the purchase, possession, or consumption of alcoholic beverages aboard Carnival’s vessels is twenty-one (21). Guest agrees to supervise all persons under age twenty-one (21) under Guest’s charge to ensure that they do not violate this, or any other, shipboard regulation. Guests who attempt to purchase alcohol by using false identification or the Sail & Sign® card of a Guest who is twenty-one or older will be deemed in violation of this policy. Any Guest twenty-one or older who attempts to or purchases alcohol for any Guest under twenty-one will also be deemed in violation of this policy. Guest agrees that Carnival has the right to disembark any Guest who violates this policy and as well as any adults traveling with minors who violate this policy or any other shipboard regulation.
(f) Compliance with APHIS regulations: To protect U.S. agriculture and natural resources from the introduction and spread of foreign plant and animal pests and diseases please be advised that agricultural products including seeds, soil, live insects, food such as fresh fruit, vegetables and animal products including meat, milk, and eggs must not be brought back to the United States. This food includes meals that were offered during the cruise but were not consumed. If you have in your possession any meals or food, including any fresh fruit, vegetables and animal products such as meat sandwiches, milk, eggs from the ship, you must leave them behind or deposit them in the amnesty bin/food collection bin at the exit during disembarkation. These items are prohibited entry by U.S. Customs and Border Protection and the U.S. Department of Agriculture. Violations of these prohibitions may result in penalties and fines to the Guest and/or disembarkation without refund.
(g) Tampering with Life Saving Devices: Guest agrees to not tamper with or discard overboard any life saving device such as, but not limited to; life rings and life jackets, unless in an emergency or instructed to do so by the ship’s master. Tampering with life-saving devices may result in a fine to the Guest and/or disembarkation without refund.
(h) Guest agrees not to engage in any lewd, lascivious, indecent, obscene, offensive, or outrageous behavior while on board and specifically agrees that violation of this policy may result in confinement or debarkation from the Vessel with no refund to the Guest and at Guest’s own expense for repatriation and travel. Furthermore, all guests should ensure their clothing and accessories are respectful to fellow guests. Specifically, items worn during the cruise should not contain any message that may be considered offensive or contain nudity, profanity, sexual innuendo/suggestions. In addition, clothing/accessories should not promote negative ethnic or racial commentary, or hatred or violence in any form. Violation of this policy may result in Guest’s disembarkation with no refund of any portion of their Total Cruise Price.
(i) All guests must adhere to Carnival’s environmental policy as follows: Any dumping or pollution of any kind including discharge of any item into the ocean and/or waterways is strictly prohibited. Guest will be strictly liable for any illegal dumping or pollution. Any willful or negligent act of discharging or releasing any unauthorized item overboard, without the express permission of the ship's staff may result in a $500 charge, per violation, posted to Guest’s Sail & Sign ® account. Fines will be imposed using the functional currency of the Vessel, which may be different than the form of currency used to secure the booking. Additionally, Guest will be charged the reimbursement cost of any unauthorized discharged property belonging to Carnival and such charge will be posted to Guest’s Sail & Sign ® account. Guest shall also be responsible for any fines or penalties imposed on Carnival by any government, governmental agency or official, port or port official, or for expenses or losses caused or incurred for Guest’s violation of this policy. Violation of this policy may result in the disembarkation of all guests in the stateroom. Guests who are disembarked for violating our environmental policy will be responsible for all financial charges and expenses to return home, and no refund of any portion of their unused Total Cruise Price will be provided. Additionally, they may be prohibited from sailing with Carnival Cruise Line in the future.
(j) Consistent with our commitment to safety and our “zero tolerance” policy set forth in Section 9(e) above, any illegal activity or disruptive behavior will not be tolerated. Any Guest whose conduct affects the comfort, enjoyment, safety, or well-being of other guests or crew will be detained onboard and/or disembarked at their own expense and will be prohibited from sailing with Carnival in the future. Any violation of our “zero tolerance” policy is a breach of the Ticket Contract, for which Guest agrees to pay Carnival liquidated damages of $500, to be charged to the Guest’s Sail and Sign® account without further notice or consent, representing the reputational and goodwill damages and injury to Carnival for Guest’s violations. In addition, Guest or Guest’s estate agrees to defend and indemnify Carnival and the Vessel, their servants and agents against liability which Carnival or the Vessel or such servants or agents may incur towards any person, company, or Government for any damage to property, personal injury, or death caused directly or indirectly, in whole or in part, by any illegal activity or disruptive behavior of Guest and those minors traveling with Guest.
(k) Carnival may impose a curfew for minors by requiring Guests under 18 years of age to be clear of all public areas by 1:00 a.m. ship’s time unless they are accompanied by an adult in their traveling party, 21 years of age or older, or they are participating in a Carnival youth program activity.
10. PERSONAL DATA; VIDEO SURVEILLANCE; RIGHT TO SEARCH OR INSPECT; PRIVACY NOTICE AND PUBLIC WIRELESS SERVICES
(a) Carnival may utilize closed circuit television cameras or other surveillance means onboard the Vessel. Guest acknowledges and agrees that such devices may be recording and that videos and images of the Guest may be stored and used as deemed necessary by Carnival to comply with law, applicable regulations, governmental and quasi-governmental requests or orders, or any legal investigation or claims process.
(b) Calls made to Carnival, and calls received from Carnival, may be recorded for the purposes of audit, training and the monitoring of services provided by Carnival.
(c) Guest agrees Carnival has, at all times with or without notice, the right to enter and search Guest’s stateroom, personal safe or storage spaces, or to search or screen any Guest, and/or personal effects, at any location, to ensure compliance with any of the restrictions set forth in this agreement. Any Guest who refuses any such search or screening may be denied boarding or disembarked and no refund of the any portion of the Total Cruise Price will be issued.
(d) The personal data Guest provides to Carnival, or which is obtained through Guest’s dealings with Carnival or with its affiliates, will be processed in accordance with Carnival privacy notice, which describes how personal data may be processed, and which is available on the Carnival website. Carnival may from time to time change its privacy notice; you can find the up-to-date privacy notice on the Privacy Notice page (opens a new window) or by writing to the address given below. Guests may provide personal data to Carnival that may include names, postal or email addresses, date of birth, passport information, financial account, telephone numbers, likenesses, photographs or other information which would identify Guests personally. Guests may also provide Carnival or others certain sensitive data such as health, medical, dietary, religious, gender or sexual orientation information. Guest agrees that Carnival may (1) keep their personal and sensitive data, (2) use it in its business worldwide in accordance with its published privacy notice, (3) share it with its affiliated or related companies and (4) subject it to processing worldwide provided Carnival’s safeguards are used. Guest agrees that any personal or sensitive data provided to Carnival in the European Economic Area may be used, processed and transferred worldwide including to the U.S.
(e) Guest agrees that Carnival may disclose personal or sensitive data to unaffiliated third parties (1) with the Guest’s consent or authorization, (2) to help complete a transaction for the Guest, (3) to comply with law, applicable regulations, governmental and quasi-governmental requests, orders or legal process, (4) to enforce this or other agreements or protect the rights, safety or property of Carnival or others, (5) as part of a purchase, sale, or transfer of assets or our business, (6) to Carnival’s agents or service providers to perform functions on its behalf, or (7) as otherwise described in Carnival’s published privacy notice, as amended from time to time.
(f) Carnival may, but will not be required to, make wireless access to the Internet or access to wireless telephone services ("Wireless Services") available to Guests on board either directly or through a third-party service provider. All Guests agree that use of Wireless Services is at their own risk and that Carnival shall not be liable to Guests in any manner for claims, losses or damages resulting therefrom. Guests’ use of Wireless Services onboard is public; privacy of any information sent or received is not guaranteed. Personal data may be available to third-party service providers and Carnival is not liable under any circumstances for any lack of privacy while using Wireless Services. Guest agrees that Carnival has the right, but not the obligation to monitor, record, intercept and disclose any transmissions over or using Wireless Services aboard the Vessel, and to provide billing, account, or use records, and related information relating to all Wireless Services as it deems appropriate in its sole discretion (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect Carnival's rights, passengers or property). All Guests agree that their use of Wireless Services is governed by Carnival's Terms and Conditions of Wireless Services [contained in your Folio or available upon connection to the internet] in addition to and any terms and conditions imposed by a third-party Wireless Services provider.
(g) Carnival may use facial recognition technology to enable embarkation, debarkation, at entry and exit of the Vessel at ports of call, on all photos taken by Carnival during Guest's voyage, as well as those photos Guest uploads to Carnival's mobile app. Carnival will delete facial biometric identifiers following completion of the voyage, prior to a subsequent voyage. All un-identified photos will be deleted within thirty (30) days after the end of each voyage or earlier upon request. Any photos that have been identified and linked to Guest's Sail and Sign® Guest ID will be retained for two (2) years to enable guest access and purchase of photos and photo memorabilia after the end of the voyage. Photos may be deleted earlier upon request. Carnival does not share facial recognition records with any third parties outside of the Carnival Corporation & plc group of companies. For more information about facial recognition technology, please email Carnival at [email protected] .
11. GUEST’S REIMBURSEMENT FOR FINES, EXPENSES, DEBTS AND DAMAGES
(a) The Guest shall be liable to and shall reimburse Carnival or the Master for any fines or penalties imposed on Carnival by any government, governmental agency or official, port or port official, or for expenses or losses caused or incurred for Guest’s negligent or intentional act or omission or Guest’s failure to observe or comply with local requirements in respect of immigration, border patrol, customs and excise, agriculture, health, environment or any other government regulation whatsoever, including Guest’s failure to board the ship prior to the scheduled departure time at any port, and the Guest shall be liable for any and all losses and fines caused by their actions in regards to illegal dumping or pollution of any kind, including discharge of any item into the ocean and/or waterways. For Guests who embark the Vessel in violation of the ticket contract terms, any/all resulting damages, losses, costs, expenses, credits, refunds and related claims, including without limitation those related to a deviation of the Vessel to disembark such Guests, shall be the sole responsibility of the Guest.
(b) The Guest or Guest’s estate shall be liable to and shall reimburse Carnival for all deviation expenses (including loss of revenue), fines or penalties, damages to the Vessel, its furnishings, operations or equipment, or any property of Carnival caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or any minors traveling with the Guest, including discharge and release of any unauthorized item overboard, without the express permission of the ship’s staff. The Guest or Guest’s estate shall defend and indemnify Carnival and the Vessel, their servants and agents against liability which Carnival or the Vessel or such servants or agents may incur towards any person, company or Government for any damage to property, personal injury or death caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or minors traveling with Guest.
(c) Carnival and the Vessel shall have a lien upon all baggage, money and other property whatsoever accompanying the Guest and the right to sell the same by public auction or otherwise for all sums whatsoever due from the Guest under this Contract and for the costs and expenses of enforcing such lien and such sale.
12. INDEPENDENT CONTRACTORS, SHORE EXCURSIONS, AND OTHER SERVICES
(a) Guest acknowledges that all shore excursions/tours (whether conducted in the water, on land or by air), airline flights and ground transportation, as well as the ship’s physician, and on board concessions (including but not limited to, the gift shops, spa, beauty salon, fitness center, golf and art programs, video/snorkel concession) are either operated by or are independent contractors. Guest understands and accepts that Carnival may prohibit Guest from going ashore in any port of call, and/or or limit Guests going ashore to specific activities or excursions authorized by Carnival, for public health-related reasons in its sole discretion. Even though Carnival shall be entitled to collect a fee and earn a profit from the ticketing or sale of such services by such persons or entities, Carnival neither supervises nor controls their actions, nor makes any representation either expressed or implied as to their suitability. Carnival, in arranging for the services called for by the physician or nurse, all on board concessions, all shore excursion/tour tickets, all pre-cruise and post-cruise airline flights or other transportation off of the ship and its water shuttles, does so only as a convenience for the Guest. Guest agrees that Carnival assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury, or delay to Guest and/or Guest’s baggage, property or effects in connection with said services. Guests use the services of all independent contractors at the Guest’s sole risk. Independent contractors are entitled to make a proper charge for any service performed with respect to a Guest.
(b) Guest acknowledges that some of the ship’s personnel are employees of independent contractors and not employees of Carnival, and that Carnival is not responsible for their actions. Ship’s personnel that are independent contractors include, but are not limited to; spa employees, masseuses, barbers, hairdressers, manicurists, fitness or golf instructors videographers, art auctioneers, gift shop personnel, shopping guides, wedding planners or other providers of personal services. Guest further acknowledges that although independent contractors or their employees may use signage or clothing which contains the name “Carnival” or other related trade names or logos, the independent contractor status remains unchanged. Independent contractors, their employees and assistants are not agents, servants or employees of Carnival and have no authority to act on behalf of Carnival.
(c) Although Carnival may have contracts, concessionaire agreements, and/or independent contractor agreements with the above-mentioned service providers and contractors. Guest hereby acknowledges and agrees that Guests are not intended third-party beneficiaries of any such contracts and Guests have no right to assert themselves as third party beneficiaries of such contracts or agreements.
13. LIMITATIONS OF CARNIVAL’S LIABILITY
(a) In consideration for the Cruise Fare paid, it is agreed that Carnival shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Carnival nor for any intentional or negligent acts of Carnival’s employees committed while off duty or outside the course and scope of their employment. Passenger assumes the risk of injury, death, illness or other loss and Carnival is not responsible for the negligence or wrongdoing of any independent contractors or sub-contractors.
(b) In consideration for the Cruise Fare paid, it is agreed that Carnival shall have no liability as a consequence of Guest's use of ship's athletic or recreational equipment or as a consequence of Guest's decision to participate in any athletic or recreational activity or event.
(c) On international cruises which neither embark, disembark nor call at any U.S. port and where the Guest commences the cruise by embarkation or disembarks at the end of the Cruise in a port of a European Member State, Carnival shall be entitled to any and all liability limitations and immunities for loss of or damage to luggage, death and/or personal injury as provided under EU Regulation 392/2009 on the liability of carriers to passengers in the event of accidents. On International cruises that do not embark or disembark in either a port in a European Member State or a US port, and which do not call at any U.S. port, Carnival shall be entitled to any and all liability limitations and immunities for loss of or damage to luggage, death and/or personal injury as provided in the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 and the Protocol of 2002 to the Convention (together, the “Athens Convention). Unless the loss or damage was caused by a shipping incident, which is defined as a shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship (as defined by the Regulation), Carnival’s liability is limited to no more than 400,000 Special Drawing Rights (“SDR”) (approximately U.S. $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal) if the passenger proves that the incident was a result of Carnival’s fault or neglect. If the loss or damage was caused by a shipping incident, Carnival’s liability is limited to no more than 250,000 SDRs (approximately U.S. $380,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal). Compensation for loss caused by a shipping incident can increase to a maximum of 400,000 SDRs unless Carnival proves that the shipping incident occurred without Carnival’s fault or neglect. Shipping incidents do not include acts of war, hostilities, civil war, insurrection, natural disasters, or intentional acts or omissions of third parties. In cases where the loss or damage was caused in connection with war or terrorism, Carnival’s liability for any personal injury or death (whether occurring during a shipping incident or a non-shipping incident) is limited to the lower of 250,000 SDRs per passenger or 340 million SDRs per ship per incident. Punitive damages are not recoverable for cruises covered by EU Regulation 392/2009. For more information on the EU Regulation 392/2009, please see the Official Journal of the European Union EU Regulation 392/2009 PDF .
In addition, Guests embarking a cruise in a European Member State port are afforded rights under EU Regulation 1177/2010. For additional information on EU Regulation 392/2009 and EU Regulation 1177/2010, please visit Carnival’s EU Regulation 392/2009 PDF and EU Regulation 1177/2010 PDF (opens a new window) .
(d) Carnival shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of Carnival and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to be intentionally inflicted by Carnival.
(e) In addition to all the restrictions and exemptions from liability provided in this Contract, including under Clause 13(c) for cruises that embark or disembark in a port of a European Member State, on all cruises Carnival shall also have the benefit of all statutes of the United States of America providing for limitation and exoneration from liability and the procedures provide thereby, including but not limited Title 46 of the United States Code sections 30501 through 30509, and 30511. Nothing in this Contract is intended to nor shall it operate to limit or deprive Carnival or any such statutory limitation of or exoneration from liability under any applicable laws.
14. TIME LIMITS FOR CLAIMS, JURISDICTION, VENUE, ARBITRATION AND GOVERNING LAW
(a) Carnival shall not be liable for any claims whatsoever for personal injury, illness or death of the Guest, unless full particulars in writing are given to Carnival within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Carnival within 120 days after filing. Guest expressly waives all other potentially applicable state or federal limitations periods.
(b) Carnival shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the Guest, unless full particulars in writing are given to Carnival within 30 days after the Guest is landed from the Vessel or in the case the Voyage is abandoned, within 30 days thereafter. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six months after the date Guest is landed from the Vessel or in the case the Voyage is abandoned, within six months thereafter, and unless served upon Carnival within 120 days after commencement. Guest expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the Americans With Disabilities Act (ADA), trade practices and/or advertising.
(c) Except as provided in Clauses 14 (d) and 14(e) below, it is agreed by and between the Guest and Carnival that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Guest’s cruise, including travel to and from the Vessel, 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 to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the Courts of any other county, state or country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be available. In the event that a matter is brought in the Federal Courts of the United States and no diversity jurisdiction exists, then the matter must proceed under the Court’s admiralty jurisdiction and Guest may not be allowed a trial by jury. If a matter proceeds under the Court’s admiralty jurisdiction, then Carnival consents to a trial by jury pursuant to Federal Rule of Civil Procedure 39(c). Guest acknowledges and understands that a Federal Court presiding over the matter under admiralty jurisdiction may not grant a trial by jury despite Carnival and Guest’s request for a trial by jury, and in such event, Guest knowingly and voluntarily waives a trial by jury.
(d) Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest (whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract, the booking of the cruise, including but not limited to the booking of Carnival Vacation Protection products, shore excursions, and land and hotel packages, or Guest’s cruise, no matter how described, pleaded or styled, between the Guest and Carnival) in which Guest or any other claimant asserts damages for less than $8,000 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) must be litigated if at all before a small claims court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the courts of any other county, state or country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be otherwise available.
(e) Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest (whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract, the booking of the cruise, including but not limited to the booking of Carnival Vacation Protection products, shore excursions, and land and hotel packages, or Guest’s cruise, no matter how described, pleaded or styled, between the Guest and Carnival) in which Guest or any other claimant asserts damages for more than $8,000.00 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in Miami-Dade County, Florida, U.S.A. to the exclusion of any other forum. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be available to any such arbitration proceeding in Miami-Dade, Florida. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference. Each party shall bear their own costs and fees associated with any such filing. If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, you can contact NAM at: National Arbitration and Mediation, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, telephone number (800) 358-2550.
NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL 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. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CARNIVAL 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. Carnival 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 14 (c) above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Clause.
(f) Except as expressly provided in Clause 13 (c), any and all disputes whatsoever arising out of or relating to this Contract or Guest’s Cruise as well as the interpretation, applicability and enforcement of this Contract shall be governed exclusively by the general federal maritime law of the United States, without regard to choice of law rules, which replaces, supersedes and preempts any provision of law of any other state or nation, however, the terms of this Contract do not displace non-excludable consumer laws applicable in jurisdictions outside the United States.
15. CLASS ACTION WAIVER
THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION AND SUPERSEDES ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION WAIVER PRECLUDES GUEST FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM BROUGHT UNDER THIS TICKET CONTRACT OR IN CONNECTION WITH GUEST’S CRUISE. EVEN IF APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION. GUEST EXPRESSLY AGREES TO WAIVE AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE 14(d) ABOVE, THE GUEST FURTHER AGREES AND ACKNOWLEDGES THAT THE CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW AND NOT BY AN ARBITRATOR. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 14 (d) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION. GUEST AGREES THAT CARNIVAL CAN RECEIVE IMMEDIATE JUDICIAL ASSISTANCE TO ENFORCE THIS CLASS ACTION WAIVER.
16. CARNIVAL’S USE OF GUEST’S LIKENESS
Each Guest grants Carnival and/or its promotional partners the exclusive right to include photographic, video and other visual portrayals of Guest in any medium of any nature whatsoever for any purpose including without limitation trade, advertising, sales, publicity or otherwise, without compensation to Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Carnival’s sole property, free from any claims by Guest or any person deriving any rights or interest from Guest. Each Guest understands and agrees that professional onboard photographers may photograph Guest, and that those photos may be processed, displayed and sold to Guests and others. For additional information regarding Carnival’s use of Guest’s likeness including use of facial recognition technology please refer to Clause 10(g) above.
17. GUEST’S USE OF PHOTOS, VIDEOS OR RECORDINGS PROHIBITED
Guest hereby expressly agrees that he/she will not utilize any tape recording, video, or photograph(s) of himself/herself, any other Guest, crew, or third party on board the Vessel, or depicting the Vessel, its design, 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 Carnival. For the privacy of our guests and crew, Guest expressly agrees not to record or video interactions with other guests or crew without their express permission, and Guest further agrees that any use of video, photographic or recording equipment, including cell phones, in the medical center is expressly prohibited. Guest acknowledges that by boarding the Vessel, at any time, Guest irrevocably agrees to this provision, which is a condition precedent to being permitted on board the Vessel and can be enforced by any legal means, including, but not limited to, injunctive relief.
18. GUEST’S OBLIGATIONS FOR EXPENSES OR IF CONFINED, DENIED BOARDING OR DISEMBARKED
(a) Guest agrees if Carnival incurs any expense or sustains any damage as delineated in but not limited to Sections 2, 4, 5, 6, 9, 11 and this Clause, that Carnival may charge Guest’s onboard charge account for any expense incurred or damage sustained except as expressly set forth herein or as provided by law.
(b) If Guest is denied boarding, confined to a stateroom, or disembarked from the Vessel pursuant to any provision of this contract, including but not limited to Clauses 2, 4, 5, 6, 9, and 11, Guest agrees, except as expressly set forth herein or as provided by law:
i. Carnival will not be liable for any refund of and portion of the Total Cruise Price other compensation or any damages;
ii. Disembarkation and repatriation to the embarkation port or any other destination will be at Guest’s sole expense; and,
iii. To indemnify Carnival and that Carnival may charge Guest’s on-board charge account for any and all expenses incurred by Carnival in relation to Guest’s disembarkation and/or repatriation.
IMPORTANT TERMS AND CONDITIONS FOR NON-CRUISE PORTIONS OF VACATION PACKAGES PLEASE READ CAREFULLY
19. Please see above for the applicable terms and conditions for the cruise portion of Guest’s vacations. For avoidance of doubt, and unless specifically contradicted in Clauses 19 through 29, the above terms and conditions, including the terms and conditions in Clauses 12 through 15, which contain important limitations on the rights of guests to assert claims against Carnival , the Vessel, their agents and employees, and others, including forum selection, choice of law, time limitations for filing suit, arbitration, and waiver of jury trial for certain claims, cover Carrier’s Carnival vacation protection products, shore excursions, and land and hotel packages. The terms and conditions in this paragraph apply only to Carnival’s responsibilities for non-cruise portions of vacation packages. Other terms and conditions with respect to air travel, hotel and other non-cruise activities may be applied by the entities providing those services.
20. The payment of the required deposit or any partial or full payment for reservation of a land package before or after the cruise shall constitute acceptance and consent to all of the terms and conditions of this Contract and the General Information and Vacation Package Conditions and Restrictions contained on the website for such vacation package and/or the brochures and circulars of the suppliers. These provisions are hereby incorporated by reference in this Contract and vacation package Guests (hereinafter referred to as Guests) are advised to take note of them.
21. For purposes of this paragraph “CARNIVAL” refers to Carnival Cruise Line, its affiliates, subsidiary companies, agents, servants, and employees. CARNIVAL is the principal tour operator and its responsibility to Guests is limited to the arrangement of all tours and accommodations offered in these vacation packages. CARNIVAL shall not be responsible for personal injuries, death, or property damage, economic loss, inconvenience or delay, consequential damages, or change of itinerary or accommodations incurred by any person or Guest which may occur due to acts or omissions or tortious conduct on the part of any direct or supplemental air carrier, hotel or other suppliers of arrangements and services or other independent contractors, their employees, agents or others not under the direct control of CARNIVAL.
22. CARNIVAL reserves the right to decline to accept or to reject any person as a Guest, at any time, or to cancel a vacation package due to circumstances beyond the control of CARNIVAL.
23. CARNIVAL reserves the right to substitute hotels for other hotels in a similar category, to substitute air carriers, and to change schedules without prior notice should circumstances so require.
24. If a change in the itinerary is needed due to factors or conditions beyond CARNIVAL'S control, no refund or credit will be made, however, CARNIVAL will make an effort to provide accommodations and services of a comparable quality and standard as set forth on the website. Any such change shall not modify the cancellation provisions on the website. No credit will be allowed, or refund given for any services provided on the website should any such services not be utilized by Participants.
25. CARNIVAL makes no representations or warranties, implied or otherwise, in regard to the reliability of suppliers or independent contractors, nor does it assume a duty of safety or responsibility for the independent acts of suppliers, independent contractors, their employees or agents.
26. Vacation packages are non-transferable. Fares shall be deemed to be earned when paid and non-refundable unless otherwise expressly stated in the cancellation provisions on the website.
27. CARNIVAL shall not be liable for any claims whatsoever other than for personal injury, illness or death, of the Guest unless full particulars thereof in writing are given to CARNIVAL within 30 days after the Guest shall complete the packages, or in the case that the tour is abandoned, within 30 days thereafter. Suit to recover any claim shall not be maintainable in any event unless commenced within six months after the date of the loss.
28. CARNIVAL shall not be liable for any claims whatsoever for personal injury, or illness or death of the Guest unless full particulars in writing are given to Carnival within 185 days after the date of the injury, event, illness, or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Carnival within 120 days after filing.
29. It is agreed by Guest and CARNIVAL that all disputes between Guest and CARNIVAL arising under or in connection with a vacation package shall be litigated, if at all, in and before the United States District Court for the Southern District of Florida in Miami-Dade County, Florida, U.S.A., to the exclusion of the courts of any other state or county.
IMPORTANT ADDITIONAL TERMS AND CONDITIONS FOR CARNIVAL’S AIR PROGRAMS
30. Arrangements by CARNIVAL: If you are participating in our FLY2FUN program, or FLY2FUN and Tour package, Carnival will arrange for air transportation from the select home cities offered to an airport near the departure point of your Cruise or Cruise tour and return air transportation from an airport near the termination point of your Cruise or Cruise tour to the home city from which you departed. Please refer to Carnival’s web page for additional information on our FLY2FUN program and destinations. Carnival reserves the right to add or withdraw an air city at any time but will attempt to accommodate those Guests under deposit or final payment. Air bookings are not guaranteed and are subject to air carrier’s availability and restrictions. Guest who purchased the FLY2FUN program will be responsible for securing their own hotel accommodations and will be responsible for hotel, taxes, porterage and transportation between the hotel and the airport/pier.
31. Schedule Changes/Air Delays: Carnival strives to accommodate each Guest on flights that will ensure timely arrival and boarding of your ship. In the event that weather conditions or other flight changes delay the Guest’s arrival to the ship, Carnival, at its own expense, will make alternate flight, hotel and/or ground transportation arrangements to get the Guest to the port of embarkation in time to board the ship or to the first port of call, without violating the Jones Act. If no viable options are available to join the ship, Guest will be given a Future Cruise Credit to apply towards a future cruise. Carnival reserves the right to change or alter, without notice, flight arrangements in order to meet our ship departure and/or arrival times. Guest will be notified of flight re-accommodations. If tickets have already been issued, Carnival will adjust your itinerary or air carrier accordingly and will notify Guests of any price adjustments that may be necessary. If you choose to cancel your flight arrangements or alter your airline schedule in any way once your tickets have been issued you will be responsible for any additional cost or fees resulting from the cancellation or change, which can total up to the full cost of the ticket. If you request Carnival’s assistance with a change in airline arrangements, within 60 days of departure and you purchased FLY2FUN Flexible Fare program, a service fee of $200 USD, or its equivalent in foreign currency, will be levied in addition to any charges imposed by the airlines. If you purchased the FLY2FUN Restricted Fare program and you chose to make a change, all airline-imposed change fees will be levied regardless of when the change is made. If your flights are delayed, refer to the Fly2Fun Page (opens a new window) .
32. Refunds/Seat Assignments/Special Services/Fares/Lost Tickets/Baggage Charges: Failure to use your FLY2FUN airline ticket/s results in a waiver of its value and any compensation; unused airline tickets are only refundable to Carnival. Please note that because of changing airline tariffs, your actual air ticket may reflect fares higher or lower than the air add-on or cruise only credit amounts originally quoted. If so, the difference is neither chargeable nor refundable to you; you will be charged the amount originally quoted. Carnival reserves the right to pass on to the Guest any cancellation or change penalties, which may total up to the amount originally quoted. It is your sole responsibility to re-confirm flight arrangements, within 48 hours of flight departure. Please note that although Carnival Cruise Line can pass requests for seat assignments, special meals and special assistance to the airlines, we cannot guarantee that such requests will be honored. For the best travel experience, we recommend that Guests or their travel agents contact the airlines directly to confirm these requests. Carnival is not responsible for airline schedule changes. Guests are responsible for luggage fees, excess luggage charges as well as any other charges imposed by airlines or airports. For additional information on airline’s baggage charges and fees please refer to the Airline Baggage FAQs page (opens a new window) , reference against the Travel Information page you received along with your cabin confirmation or the Travel Information page in your cruise document accessed through Manage My Cruise.
33. Liability and Relationship with Airlines: If Carnival is unable to arrange for air transportation for any cause beyond Carnival’s control, such as airline capacity controls, air transportation arranged is no longer available, or otherwise fails to materialize, Carnival’s sole liability will be limited to refunding the air add-on paid or cruise only credit. Carnival acts as an independent travel agent, and it is not affiliated with the airline carriers. Carnival books air as a convenience for the Guests. Carnival assumes no liability for any of the airlines’ acts or omissions, 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 clerical/system errors. Your rights against the airlines are controlled and subject to the terms and conditions set forth in the airline’s ticket and tariffs, and any and all applicable laws and regulations.
IMPORTANT ADDITIONAL TERMS AND CONDITIONS FOR CARNIVAL EASY PAY OPTION
34. This offer applies only to qualifying cruises, as determined solely by Carnival, where the "Carnival Easy Pay" option is made available during the booking process.
35. This offer is not transferable and may not be combined with other offers.
36. To be eligible for this offer, Guest must reside in the United States of America and must have a valid credit card associated with their Carnival.com account. Please note that Guests may not be able to use a debit card, PayPal, or ACH from a bank account (e.g., checking or savings account) to make payments under this program. This offer may not be available to every guest and may not be available for all qualifying cruises. In determining eligibility for this offer, Carnival reserves the right to consider, for each transaction, factors including Guest’s payment history and the nature and price of the cruise being reserved. Carnival will not use a credit report to determine eligibility for this offer.
37. Carnival reserves the right to cancel this offer at any time.
38. Guest will be charged the full price of the applicable deposit in one initial payment and the remainder in subsequent monthly payments (if the full price, including the Cruise Charges is not evenly divisible, Guest’s final payment amount may be smaller). No interest or finance charges apply to this offer. Any interest, finance charges or fees assessed by the issuer of the payment method to which payments are charged may still apply. Taxes may apply in certain jurisdictions. Each individual payment (both the initial deposit payment and each subsequent monthly payment) will be taxed separately (to the extent required by applicable law) such that total taxes assessed on the Cruise Charges and on taxable Fees under Easy Pay will be the same amount of taxes assessed if the total amount owed on the booking had been paid in full at the time of ticket purchase.
39. Guest authorizes Carnival to charge each payment to the credit card associated with Guest’s Carnival.com account that was used to make the initial payment or, if Carnival is unable to complete a charge using such credit card, to any other credit card Guest has on file in Guest’s Carnival.com account. Guest agrees to maintain in their Carnival.com account at least one valid credit card that expires no earlier than 20 days after the last payment due date.
40. Guest may prepay the full remaining balance of their purchase at any time and may also prepay any portion of the remaining balance. If Guest decides to prepay a portion of the remaining balance, then all remaining payments will be recalculated accordingly.
41. If Carnival is not able to charge any payment to a credit card on file in Guest’s Carnival.com account, Carnival reserves the right to pursue any remedy available, including the right to cancel Guest’s reservation, as well as all remaining Guests in the same cabin. Guest agrees that Carnival and its affiliates have no liability related to the exercise of these remedies.
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9 Cruise Line Ticket Contract Surprises
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Doug Parker
- September 6, 2023
When checking in for their sailing, most passengers breeze past their acknowledgment of the cruise contract — often known as the Cruise Line Ticket Contract or Contract of Carriage and a required part of the check-in process — without bothering to read it.
![what is cruise ticket contract Cruise Line Ticket Contract](https://cruiseradio.net/wp-content/uploads/2024/02/cruise-line-ticket-contract.jpg)
When you book a cruise, you enter into a legally binding agreement with the cruise line. This agreement, called the Cruise Line Ticket Contract, outlines the terms and conditions that govern the cruise service.
It covers essential information such as the cruise line’s liability, cancellation policies, expectations of guest behavior, itineraries, the responsibilities of the cruise line, and more.
![what is cruise ticket contract An aerial view of Norwegian Dawn](https://cruiseradio.net/wp-content/uploads/2024/02/NORWEGIAN-DAWN-1030x582.jpg)
Yes, lawyers wrote a dozen pages of legalese to protect the cruise line in almost every possible scenario. Still, since your cruise vacation is governed by what you’re signing, it’s worth looking closer.
Before we begin, let’s differentiate between the cruise line ticket contract and the Cruise Line Passenger Bill of Rights.
After highly publicized cruise incidents, the Cruise Lines International Association established the Cruise Line Passenger Bill of Rights .
It explains compensation or cancellation policies for mechanical failures or the inability to disembark. It is easy to understand and focuses on ethical treatment rather than legal jargon.
On the other hand, the Cruise Line Ticket Contract is the legal agreement you enter into with the cruise line each time you sail.
We reviewed the cruise contracts for the major players, including Carnival Cruise Line, Royal Caribbean, and Norwegian Cruise Line, and found these somewhat surprising provisions.
No Liability For Medical Care Onboard
![what is cruise ticket contract Medical equipment on a table with a monitor at a hospital.](https://cruiseradio.net/wp-content/uploads/2024/02/medical-tools-in-a-cruise-ship.jpg)
Norwegian Cruise Line’s ticket contract states that:
Believe it or not, if you’re sick and must visit the ship’s doctor, you do so at your own risk.
Most cruise lines won’t accept any responsibility for the actions of the doctors, nurses, and other staff in the shipboard medical centers, who are typically independent contractors rather than cruise line employees, something that is normally buried within the fine print of a cruise line’s website.
FACT CHECK: Cruise Industry Illness and Cleanliness Standards
The doctors and nurses are trained, certified, and credentialed, though typically at medical colleges and universities outside the U.S., and the cruise lines have quality facilities to treat emergencies.
Still, if something goes wrong, you’ll need to often pay out of pocket or pursue relief directly from the healthcare provider or travel insurance carrier rather than the cruise line.
It’s important to look at travel insurance and if there’s a provision for medical care or emergency medical evacuation, which can run in the thousands of dollars.
Itineraries Can Change at Any Time
![what is cruise ticket contract Great Stirrup Cay](https://cruiseradio.net/wp-content/uploads/2019/12/Bliss-island-scaled.jpg)
While it’s always in the best interest of cruise lines to operate their published itineraries, sometimes things go awry, and they are forced to skip a port or modify an itinerary.
For example, Great Stirrup Cay, Norwegian Cruise Line’s private island destination, is frequently a missed port when the seas are too rough to tender ashore.
Here’s what Norwegian Cruise Line’s ticket contract says about missed ports:
Guests who cruise during hurricane season know that the lines often change itineraries to keep the ship and its passengers out of harm’s way – cruise lines will occasionally stay at sea an extra day or two to avoid bad weather, providing guests additional time at sea at no additional cost.
But many guests don’t realize that cruise lines can change your itinerary for any reason they see fit.
Hurricane Season: What Cruisers Need To Know
There are many reasons a particular port might be skipped, from weather conditions that would make it difficult for the captain to dock to mechanical issues that impact the speed at which the ship can travel, port closure, strikes, or political unrest.
Of course, cruise lines want to minimize port changes as they impact passenger satisfaction and scheduling, so they usually keep things the same.
But when weather conditions or operational needs require an itinerary change, the cruise line will do what it needs to do to ensure the safe operation of the ship.
![what is cruise ticket contract half moon cay beach](https://cruiseradio.net/wp-content/uploads/2022/02/HALF-MOON-CAY-3.jpg)
Remember, cruise lines will do everything possible to operate the published itinerary.
Still, a lot happens behind the scenes when ships are forced to miss a port – refunding and re-booking of shore excursions and adding unscheduled activities and entertainment options should a ship need to spend the day at sea, not to mention plans for dealing with the guests who are upset for the cruise line bypassing or substituting a destination.
Cruise Lines Can Place a Lien On Your Luggage
![what is cruise ticket contract port everglades luggage carts](https://cruiseradio.net/wp-content/uploads/2022/04/luggageWOSPorteverglades-scaled.jpg)
Carnival Cruise Line is quite clear on what happens if you run up a big onboard bill or take cash advances in the casino and your credit card gets declined, or you get a little too tipsy and damage something on the ship and don’t settle up.
The cruise line might have the right to confiscate your luggage, property, or any cash you have onboard and sell or auction it to satisfy your bill as outlined below:
You Can Be Denied Boarding
![what is cruise ticket contract A passport in a black bag with a cruise line ticket](https://cruiseradio.net/wp-content/uploads/2024/02/passport-United-States.jpg)
Like all cruise lines, Norwegian Cruise Line guests must present proper documentation to travel and are responsible for obtaining any visas for international travel. This can be particularly complicated on world cruises, where travel requirements can vary significantly from country to country.
Everyone knows that if you fly internationally, you need a passport, but it might not initially occur to some first-time passengers that you also need documentation to cruise.
Like other forms of international travel, for those cruises that depart from the US, you must have proper proof of citizenship to re-enter the country at the end of the sailing.
READ: Do I Need a Passport To Cruise?
Suppose you show up for your cruise without a valid passport or (for closed-loop sailings from the U.S.) a certified copy of your birth certificate and a valid government ID. In that case, you can be denied boarding, and oftentimes, you will not receive a refund or be allowed to reschedule your cruise.
The same applies to exotic itineraries that require specific visas, medical documentation, or proof of vaccination.
As the cruise line ticket contract outlines, the cruise line places the responsibility on the guest to explore and obtain this documentation and is not responsible for guests who don’t follow the rules.
Simply put – if your paperwork isn’t in order, you’re not cruising, so be sure to plan accordingly.
It’s Hard to Sue The Cruise Line
![what is cruise ticket contract A wooden gavel rests on a table.](https://cruiseradio.net/wp-content/uploads/2024/02/gavel-in-court.jpg)
Cruise lines have worked very hard to establish a legal precedent that if something goes wrong on your cruise, you may not be able to have your day in court.
Here’s what Carnival Cruise Line says about any potential legal recourse should you be dissatisfied with your cruise experience:
Maritime attorney Jim Walker told us, “Cruise passengers must be aware of where the cruise line requires a suit to be filed.”
Mr. Walker told us that many Miami-based cruise lines, like Carnival, Royal Caribbean, and Norwegian Cruise Line, chose the forum in Miami. Princess Cruises has chosen Los Angeles.
Holland America Line has picked Seattle. COSTA list Genoa. Other cruise lines not based in the U.S. have designated locations throughout Europe.
![what is cruise ticket contract A person is writing the words](https://cruiseradio.net/wp-content/uploads/2024/02/global-travel-insurance-1030x684.jpg)
He gave an interesting case of a guest injured on a vessel chartered by a U.S. cruise line, but because the ship did not stop at a U.S. port, a clause in the ticket contract stated the cruise line lawsuit had to be filed in Paris, France.
Except for personal injury or death, you probably won’t be able to sue the cruise line if something goes wrong on your vacation.
Instead, you’ll need to participate in binding arbitration, a quasi-legal process overseen by an arbitrator, usually with legal training, who hears evidence from both sides and makes what they believe to be a fair, equitable decision.
READ: Court Throws Out Drunk Cruiser’s Lawsuit
And since it’s binding arbitration, the arbitrator’s decision is final and can’t be appealed or questioned. Binding arbitration reduces risks for the cruise line, as there are no sympathetic juries awarding cruisers large sums of money, and the arbitration process usually moves faster than court trials, further reducing legal costs for the cruise line.
That said, it’s not entirely impossible to take a cruise line to court, as has been done so repeatedly. However, it is something the cruise line will work overtime to avoid.
They Can Use Your Photos For Marketing
![what is cruise ticket contract Passengers onboard National Geographic Quest in Alaska](https://cruiseradio.net/wp-content/uploads/2024/02/national-geographic-quest-lindblad-expeditions-alaska.jpg)
Did you know cruise lines can use your photos for anything they want?
Carnival Cruise Line, for instance, outlines their guidelines for using guests’ likenesses or images taken during the cruise:
If you’re having a good time on your cruise and are beaming from ear to ear while enjoying the day’s drink, the cruise line might want to snap your photo and use it in their next email or brochure.
Although this rarely happens as cruise lines tend to use models for their advertising or marketing campaigns, the thing is, they don’t have to pay you for using your image as an unsolicited testimonial in their marketing, thanks to the waiver embedded in your cruise contract.
They Can Sell Your Photos
![what is cruise ticket contract A large wall adorned with numerous pictures.](https://cruiseradio.net/wp-content/uploads/2024/02/Pixels-Digital-Photo-Gallery-onboard-Carnival-Horizon.jpg)
According to Carnival Cruise Line’s ticket contract, any photos taken of you can be sold and marketed for whatever purpose they like:
Chances are, you’ll have your picture taken by the ships’ photographers multiple times a day on a cruise. Each night, those photos get posted in the photo gallery for you to see and — the cruise line hopes — purchased as a keepsake of your vacation. But did you know anyone can buy your photos?
In the interest of profits, the cruise line will sell your images to anyone interested onboard. Remember that creepy guy smiling at you from the other end of the bar? He can go home with a photo of you and your family; you can do nothing about it.
Your Cabin Can Be Searched at Any Time
![what is cruise ticket contract A cozy cabin with two beds and a mirror.](https://cruiseradio.net/wp-content/uploads/2024/02/inside-cabin-on-MSC-Meraviglia.jpg)
Here’s a rule that most people don’t even realize – the cruise line can search your cabin anytime, for any reason.
Carnival Cruise Line’s ticket contract stipulates that:
FACT CHECK: Can a Cruise Ship Tip Over?
Your right to privacy on a cruise ship is far from absolute, and the line can enter your room and search you and your property at any time, for any reason. If you disagree with the search, the captain can disembark you from the ship immediately, something that most guests are completely unaware of
They Can Add a Fuel Supplement Fee
![what is cruise ticket contract Gas Prices](https://cruiseradio.net/wp-content/uploads/2024/02/Gas-Prices.jpg)
If oil prices rise, the cruise line can add a fuel surcharge , even if you’ve already paid in full.
For example, Carnival Cruise Line states that:
Fuel is one of the most expensive elements of operating a cruise ship, and the cruise lines typically budget a certain amount for this expense, just as you probably do at home.
What is the big difference between you and the cruise lines? If gas prices increase during your road trip, you must pay the added expense, while, thanks to the ticket contract, the major lines have provided themselves with a rarely used but still-available-to-them out.
And at $9 per person per day, these charges could add up – for a family of four on a seven-day cruise, that equals more than $250 for an unexpected and unplanned expense.
RELATED: 6 Hidden Cruise Costs
If the cost of oil exceeds the projected amount, you will be charged an additional fee in the form of a daily per-person fuel surcharge.
This won’t just happen before you’ve made the final payment for your cruise. It can happen up to and including the day of embarkation. You’ll have to pay or be unable to take your vacation.
Final Thoughts of the Cruise Line Ticket Contract
![what is cruise ticket contract Queen Elizabeth cruise ship sailing in the water with a city in the background, offering a pet-friendly voyage for travelers desiring cruise lines that allow pets.](https://cruiseradio.net/wp-content/uploads/2024/02/queen-mary-2-nyc-harbor-1030x579.jpg)
And how can cruise lines create iron-clad ticket contracts that protect the cruise line and not the guest? They have invested heavily in talented teams of lawyers and lobbyists who are dedicated to protecting the best interests of the cruise line and work diligently to make it difficult to sue cruise lines when something goes wrong.
Granted, tens of millions of guests sail without incident each year and cruising enjoys some of the highest satisfaction ratings of any travel supplier.
Hence, the odds of legal action against a cruise line are relatively remote. However, it’s essential to understand the stipulations of the ticket contract and the policies. Limitations and responsibilities of the cruise lines should you encounter a problem during your voyage.
In the end, it’s always best to expect the unexpected. Before your next cruise, be an informed consumer and take some time to scrutinize your cruise line ticket contract – you may be surprised at what you’ll find.
Read each major cruise line ticket contract :
- Carnival Cruise Line
- Royal Caribbean International
- Norwegian Cruise Line
- MSC Cruises
- Disney Cruise Line
- Virgin Voyages
- Celebrity Cruises
- Holland America Line
- Princess Cruises
Frequently Asked Questions
Should i sign the cruise line ticket contract.
If you want to cruise, yes. However, before you sign a cruise ticket contract, read it carefully and understand all the terms and conditions. Ask the cruise line if you have any questions before heading to the pier.
What is a cruise line ticket contract?
A legal document that provides details of your cruise vacation, such as the cruise line, ship, itinerary, price, and cancellation policy.
Pin it for later!
![what is cruise ticket contract 9 things you should know about your cruise contract](https://cruiseradio.net/wp-content/uploads/2020/11/9-THINGS-scaled.jpg)
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Cruise Contract
IMPORTANT NOTICE
THIS CRUISE CONTRACT IS A LEGALLY BINDING CONTRACT, WHETHER OR NOT SIGNED BY GUEST OR GUEST'S RESPONSIBLE ADULT. IT IS ISSUED BY CARRIER BASED ON THE GUEST'S ACCEPTANCE, INDIVIDUALLY OR THROUGH GUEST’S RESPONSIBLE ADULT, ALWAYS SUBJECT TO THE TERMS AND CONDITIONS SET OUT THEREIN.
THE GUEST AND RESPONSIBLE ADULT SHOULD PAY SPECIAL ATTENTION TO CLAUSES 9 THROUGH 23, INCLUDING THE CLASS-ACTION WAIVER IN CLAUSE 12, WHICH LIMIT THE RIGHTS OF GUEST AND EXCULPATE FROM LIABILITY THE CARRIER, THE VESSEL AND ANY OF THEIR AGENTS, EMPLOYEES OR CONTRACTORS.
For valuable consideration it is mutually agreed between Magical Cruise Company, Limited, doing business as Disney Cruise Line, and Guest as follows:
This Cruise Contract is issued by Magical Cruise Company, Limited.
Guest accepts this Cruise Contract subject to all the terms, conditions, limitations, exceptions and provisions contained herein and the same constitutes a Contract of Carriage.
The use of the masculine herein shall be deemed to include the feminine and the use of the singular shall be deemed to include the plural where the context would so require.
The Cruise Contract shall be deemed to be an undertaking and acknowledgement by Guest, on behalf of himself and all other persons traveling under this Cruise Contract, and his and their heirs and representatives, that he and they accept and agree to all the terms and conditions herein.
(a) The word "Guest" means all passengers (adult, minor or incompetent person) traveling under this Cruise Contract and each such passenger’s heirs and representatives, including a Responsible Adult.
(b) The word "Carrier" means Magical Cruise Company, Limited, doing business as Disney Cruise Line, and the Vessel itself (or a substitute vessel).
(c) The word "Vessel" means a ship chartered, operated, or provided by the Carrier on which the Guest is to or may be traveling or, as the case may be, against which the Guest may have a claim.
(d) The word "Master" means the Captain or his delegated subordinate on any vessel provided by Carrier on which the Guest may be traveling.
(e) The term "property" as used hereafter means such belongings, effects and possessions, including baggage, as the Guest may bring aboard the Vessel or acquired during the voyage, irrespective of whether the property is placed in the Guest's stateroom or worn by the Guest, or, stored in the Vessel's baggage room, holds or safe against receipt therefor at the request of the Guest.
(f) The term "baggage" means the luggage, bag(s) or suitcase(s) in or by which the Guest contains and transports that property not worn on the person on to and off of the Vessel.
(g) The term “Responsible Adult” means the parent or guardian of a minor child under the age of 18, any adult over the age of 18 who is authorized by the parent or guardian to have the care, custody and control of the parent or guardian’s minor child under the age of 18, or the guardian or other legal representative of a person that is not competent to contract. A Responsible Adult enters into this Cruise Contract individually and on behalf of the Responsible Adult’s minor child or ward.
This Cruise Contract is valid only for the Guest named hereon for the voyage indicated and is not transferable or assignable without the Carrier's written consent. Passage money and charges prepaid shall be deemed fully earned when paid and shall not be refunded in whole or in part under any circumstances whatsoever except in compliance with that section of the Carrier's brochure entitled "Cancellations/Refunds" applicable to the voyage for which passage is arranged under this Cruise Contract.
Any minor Guest under age 18 and persons not competent to contract must be identified to the Carrier at the time of booking and must be accompanied on the cruise by a Responsible Adult. This Cruise Contract constitutes a binding contract between the Carrier and the Responsible Adult, who contracts as an individual and on behalf of the minor Guest or other person not competent to contract.
Any person signing this Cruise Contract as a Responsible Adult, and each minor Guest, whether or not such minor and adult are jointly identified on their Cruise Contract(s), shall be jointly and severally responsible for the conduct and behavior of the minor Guest and the person signing shall be deemed to be the guardian of such minor Guest for all legal purposes.
IN THE EVENT THE GUEST IS ABLE TO STATE A CAUSE OF ACTION UNDER THE LAW GOVERNING ANY CLAIM WHICH MAY BE ASSERTED AGAINST THE CARRIER AND/OR THE VESSEL FOR NEGLIGENCE OR INTENTIONAL TORT OR BOTH, THE CARRIER AND THE VESSEL 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--
(a)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;
(b)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
(c)INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL.
NO SUIT SHALL BE MAINTAINABLE AGAINST CARRIER OR THE VESSEL 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 THE 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 THE CARRIER OR THE VESSEL 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 THE CARRIER OR THE VESSEL 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 THE CARRIER AT ITS OFFICE AT THE ADDRESS SET FORTH HEREIN WITHIN THIRTY (30) DAYS AFTER TERMINATION OF THE VOYAGE TO WHICH THIS CRUISE CONTRACT RELATES; AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST THE CARRIER OR THE VESSEL 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 VOYAGE 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.
IT IS AGREED BY AND BETWEEN GUEST AND CARRIER THAT ALL CLAIMS, DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, ARISING OUT OF, OR RELATING TO THIS CRUISE CONTRACT SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE ANY COURT OF COMPETENT JURISDICTION LOCATED IN BREVARD COUNTY, FLORIDA, U.S.A., OR THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA, ORLANDO DIVISION, TO THE EXCLUSION OF COURTS LOCATED IN ANY OTHER COUNTY, DISTRICT, STATE, COUNTRY, TERRITORY OR POSSESSION. THIS CRUISE CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IN THE EVENT OF AN IN REM PROCEEDING AGAINST THE VESSEL, GUEST HEREBY IRREVOCABLY AGREES THAT THE POSTING OF A LETTER OF UNDERTAKING FROM ANY OF CARRIER’S INSURERS SHALL CONSTITUTE AN ADEQUATE AND APPROPRIATE FORM OF SECURITY FOR THE IMMEDIATE RELEASE OF THE VESSEL IN LIEU OF ARREST.
ON CRUISES WHICH DO NOT EMBARK, DISEMBARK OR CALL AT ANY UNITED STATES PORT AND DO NOT EMBARK OR DISEMBARK AT ANY EUROPEAN UNION MEMBER STATE PORT, THE CARRIER SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN THE “ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1974”, AS WELL AS THE “PROTOCOL TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1976”, (“ATHENS CONVENTION”) WHICH LIMITS CARRIER’S LIABILITY FOR DEATH OR PERSONAL INJURY OF A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS (“SDR”) AND LIMITS THE CARRIER’S LIABILITY FOR A PASSENGER’S LUGGAGE OR OTHER PROPERTY TO 833 SDR PER PASSENGER. AS OF DECEMBER 2017 THE VALUE OF 46,666 SDR WAS APPROXIMATELY U.S.D. $65,983 AND THE VALUE OF 833 SDR WAS APPROXIMATELY U.S.D. $1,178. THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ON THE INTERNET AT http://www.imf.org/external/np/fin/data/rms_sdrv.aspx .
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, THE CARRIER 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 (AS OF DECEMBER 2017 APPROXIMATELY U.S.D. $353,484) 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 THE CARRIER CAN GO UP TO 400,000 SDR (AS OF DECEMBER 2017 APPROXIMATELY U.S.D. $565,574) 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 (AS OF DECEMBER 2017 APPROXIMATELY U.S.D. $565,574), IF THE PASSENGER PROVES THAT THE INCIDENT WAS THE RESULT OF CARRIER’S FAULT OR NEGLECT; (C) FOR A PASSENGER’S LUGGAGE OR OTHER PROPERTY, A PASSENGER HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 2250 SDR (AS OF DECEMBER 2017 APPROXIMATELY U.S.D. $3,181) PER PASSENGER; AND, (D) THE CARRIER’S INSURANCE PROVIDER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SUMS IN EXCESS OF 250,000 SDR (AS OF DECEMBER 2017 APPROXIMATELY U.S.D. $353,484) IN RESPECT OF DEATH AND/OR PERSONAL INJURY; THERE ARE LIMITED CIRCUMSTANCES IN WHICH THE 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 ON THE INTERNET AT http://www.imf.org/external/np/fin/data/rms_sdrv.aspx . THE TERM “SHIPPING INCIDENT” IS DEFINED IN EU REGULATION 392/2009 AS FOLLOWS: “SHIPPING INCIDENT” FOR THE PURPOSES OF THIS REGULATION INCLUDE: SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP OR DEFECT IN THE SHIP.
AS TO ALL OTHER CRUISES NOT DESCRIBED ABOVE IN THIS CLAUSE 13, 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. EXCEPT AS OTHERWISE SET FORTH, THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF THE UNITED STATES OF AMERICA.
THE REQUIREMENTS AND EFFECTS OF CLAUSES 9, 10, 11, 12, AND 13 CANNOT BE WAIVED BY AN AGENT OR EMPLOYEE OF THE CARRIER OR ITS INSURER; THEY MAY BE WAIVED ONLY BY EXPRESS WRITTEN AGREEMENT OF A DIRECTOR OF THE CARRIER HAVING ACTUAL AUTHORITY IN THE PREMISES.
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 ALL CARRIER’S SUBSIDARIES, AFFILIATED OR RELATED COMPANIES, (INCLUDING BUT NOT LIMITED TO, DISNEY CRUISE VACATIONS, DCL PORT FACILITIES CORPORATION, DCL ISLAND DEVELOPMENT, LTD., WALT DISNEY PARKS AND RESORTS U.S., INC., ABD, LLC, ADVENTURES BY DISNEY TRAVEL SERVICES, INC., THE CARRIER’S PARENT COMPANY, THE VESSEL OWNER, LESSOR(S), SUB-LESSOR(S), CHARTERER(S), BARE BOAT CHARTERER(S), OTHER CHARTERER(S), OPERATOR, AGENTS, MANAGER, ALL OF WHICH SHALL BE COLLECTIVELY REFERRED TO AS THE “CARRIER’S AFFILIATES”), AND EACH AND EVERY ONE OF THE CARRIER'S CONTRACTORS AND SUPPLIERS OF GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO CATERERS, CONCESSIONAIRES, MEDICAL STAFF, ALL SHORE EXCURSION AND/OR TOUR OPERATORS, INDEPENDENT CONTRACTORS, AS WELL AS DESIGNERS, INSTALLERS, AND MANUFACTURERS OF THE VESSEL OR ANY COMPONENT PARTS THEREOF, AND TO ALL OF THEIR RESPECTIVE AGENTS, SERVANTS AND EMPLOYEES, ALL OF WHICH SHALL BE COLLECTIVELY REFERRED TO AS THE “CARRIER’S SUPPLIERS”.
CARRIER 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 THE CARRIER OR ITS EMPLOYEES ACTING IN THE COURSE AND SCOPE OF EMPLOYMENT. CARRIER'S LIABILITY FOR LOSS OF OR DAMAGE TO PROPERTY OF ANY GUEST IS LIMITED TO THE AMOUNT OF $300 PER GUEST PER VOYAGE, UNLESS GUEST BEFORE EMBARKATION DECLARES THE TRUE VALUE OF THE PROPERTY IN WRITING AND PAYS CARRIER 5% OF THE TRUE VALUE DECLARED IN EXCESS OF $300. LIABILITY WILL IN THIS EVENT BE LIMITED TO THE TRUE VALUE DECLARED, BUT IN NO EVENT AND UNDER NO CIRCUMSTANCE WILL CARRIER'S LIABILITY FOR THE TRUE DECLARED VALUE EXCEED $5,000.
THE CARRIER SHALL IN NO EVENT BE LIABLE FOR THE LOSS OF OR DAMAGE TO CASH, NEGOTIABLE SECURITIES OR OTHER FINANCIAL INSTRUMENTS, GOLD, SILVERWARE, JEWELRY, ORNAMENTS, WORKS OF ART, PHOTOGRAPHIC/VIDEO/AUDIO EQUIPMENT OR SUPPLIES, LAPTOP COMPUTERS, CELLULAR PHONES OR OTHER VALUABLES UNLESS THE SAME HAVE BEEN DEPOSITED WITH THE MASTER OR OTHER DESIGNATED REPRESENTATIVE AGAINST RECEIPT FOR THE AGREED PURPOSE OF SAFEKEEPING. IN THE EVENT OF SUCH DEPOSIT, THE CARRIER'S LIABILITY FOR LOSS OR DAMAGE THEREOF SHALL BE CONTROLLED BY THE PROVISIONS OF CLAUSE 16, EXCEPT THAT UNDER THE ATHENS CONVENTION CARRIER’S LIABILITY WILL NOT EXCEED 1200 SDR (AS OF DECEMBER 2017 APPROXIMATELY U.S.D. $1,697), AND UNDER EU REGULATION 392/2009 CARRIER’S LIABILITY WILL NOT EXCEED 3375 SDR (AS OF DECEMBER 2017 APPROXIMATELY U.S.D. $4,772). THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ON THE INTERNET AT http://www.imf.org/external/np/fin/data/rms_sdrv.aspx .
THE CARRIER DOES NOT EXPRESSLY OR IMPLIEDLY WARRANT, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO, (a) THE FITNESS, CONDITION OR SEAWORTHINESS OF THE VESSEL AND (b) THE FITNESS, CONDITION OR MERCHANTABILITY OF ANY FOOD OR DRINK PROVIDED ON BOARD THE VESSEL. THE CARRIER 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 VESSEL.
THE CARRIER AND THE VESSEL SHALL NOT BE LIABLE FOR ANY DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY, DEATH, DAMAGE, DELAY, LOSS OR DETRIMENT CAUSED BY ACT OF GOD, WAR OR WARLIKE OPERATIONS, CIVIL COMMOTIONS, LABOR TROUBLE, INTERFERENCE BY AUTHORITIES, PERILS OF THE SEA, DELAYS IN CONSTRUCTION, MAINTENANCE OR REPAIR OF THE VESSEL OR ANY OTHER CAUSE BEYOND THE CONTROL OF THE CARRIER, FIRE, THEFTS OR ANY OTHER CRIME, ERRORS IN THE NAVIGATION OR MANAGEMENT OF THE VESSEL OR DEFECT IN OR UNSEAWORTHINESS OF HULL, MACHINERY, APPURTENANCES, EQUIPMENT, FURNISHINGS OR SUPPLIES OF THE VESSEL, FAULT OR NEGLECT OF PILOTS, TUGS, AGENTS, INDEPENDENT CONTRACTORS, GUESTS OR OTHER PERSONS ON BOARD NOT IN THE CARRIER'S EMPLOY OR FOR ANY OTHER CAUSE WHATSOEVER EXCEPT THE NEGLIGENCE OF THE CARRIER OR ITS EMPLOYEES ACTING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT.
NOTWITHSTANDING THE FOREGOING, THE CARRIER SHALL IN NO EVENT BE LIABLE TO THE GUEST IN RESPECT OF ANY OCCURRENCE ASHORE, PRIOR TO EMBARKING OR AFTER DISEMBARKING THE VESSEL, EXCEPT FOR NEGLIGENCE OF THE CARRIER OR ITS EMPLOYEES ACTING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT DURING TRANSPORTATION BY WATER TO OR FROM THE VESSEL WHICH IS CARRIED OUT BY MEANS OF A CONVEYANCE PROVIDED BY THE CARRIER.
ALL ARRANGEMENTS MADE FOR OR BY GUESTS FOR (a) TRANSPORTATION OR TRAVEL (BY AIR, WATER OR ON THE GROUND), (b) SHORE EXCURSIONS AND ACTIVITIES, (c) TOURS, (d) THEME PARKS, (e) HOTELS, (f) RESTAURANTS, OR (g) 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 THE CARRIER. THE IDENTITY OF THE INDEPENDENT CONTRACTORS ARE AVAILABLE UPON REQUEST FROM THE SHORE EXCURSION MANAGER. THE CARRIER DOES NOT OWN OR CONTROL ANY SUCH INDEPENDENT CONTRACTORS, MAKES NO REPRESENTATION OF ANY KIND AS TO THEIR PERFORMANCE AND DOES NOT UNDERTAKE TO SUPERVISE THEIR ACTIVITIES, EVEN THOUGH CARRIER MAY COLLECT A FEE AND EARN A PROFIT FROM ARRANGING FOR OR TICKETING AND SALE OF SUCH SERVICES. THE CARRIER DOES NOT MAINTAIN THE INDEPENDENT CONTRACTOR OR THIRD PARTY’S CONVEYANCES, FACILITIES OR INSTRUMENTALITIES AND DOES 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 ANY DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY TO THE GUEST OR LOSS OF OR DAMAGE TO PROPERTY SHALL BE THE SOLE RESPONSIBILITY OF THE PROVIDER OF SUCH SERVICE OR ACTIVITY. GUEST FURTHER AGREES TO RELEASE AND HOLD CARRIER, CARRIER’S AFFILIATES AND CARRIER’S SUPPLIERS HARMLESS FOR ANY SUCH INJURIES, DAMAGES OR CLAIMS RESULTING FROM THE USE OF ANY SUCH SERVICES OR ACTIVITIES. GUEST AGREES THE CARRIER, CARRIER’S 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’S EMPLOYEES AND/OR THE INDEPENDENT CONTRACTORS MAY MAKE APPEARANCES AND PARTICIPATE IN ACTIVITIES OR SERVICES AND MAY USE SIGNAGE OR CLOTHING WHICH IDENTIFIES THE CARRIER OR USE OTHER RELATED TRADE NAMES OR LOGOS OF THE CARRIER OR CARRIER’S 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 THE CARRIER, OR CARRIER’S AFFILIATES, AS THAT OF PARTNERS, EMPLOYER AND EMPLOYEE, FRANCHISOR AND FRANCHISEE, MASTER AND SERVANT, PRINCIPAL AND AGENT, OR JOINT VENTURERS.
THE GUEST RECOGNIZES AND ACCEPTS THAT THE CARRIER IS NOT IN THE BUSINESS OF PROVIDING MEDICAL SERVICES AND/OR OPERATING MEDICAL FACILITIES. ANY MEDICAL PERSONNEL ON BOARD THE VESSEL ARE PROVIDED AS INDEPENDENT CONTRACTORS SOLELY FOR THE CONVENIENCE OF THE GUEST AND THEY ARE NOT SERVANTS, AGENTS, OR REPRESENTATIVES OF CARRIER. THE CARRIER DOES NOT CONTROL THE MEDICAL SERVICES AND DOES NOT UNDERTAKE TO SUPERVISE ANY CARE OR TREATMENT PROVIDED BY MEDICAL PROFESSIONALS ABOARD ITS SHIP. 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. CARRIER SHALL NOT 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.
GUEST AGREES THAT ALL CONCESSIONAIRES AND THEIR EMPLOYEES, INCLUDING BUT NOT LIMITED TO JEWELRY, SPA, MASSAGE, HAIR STYLING, MANICURES, PHOTOGRAPHY, INTERNET ACCESS, WIRELESS ACCESS, ART AUCTIONS OR INSTRUCTIONAL CONCESSIONS ABOARD THE VESSEL, ARE INDEPENDENT CONTRACTORS AND WORK DIRECTLY FOR THE GUEST WHEN PERFORMING THEIR SERVICES. THE CARRIER IS NOT RESPONSIBLE FOR ANY SUCH PERSON'S ACTS OR OMISSIONS IN PROVIDING GOODS OR SERVICES TO THE GUEST.
This Clause 24 relates only to cruises where Guests embark the ship in a European Union member state port where EU Regulation 1177/2010 with respect to rights of passengers when traveling by sea applies. At the time of booking, Guests must notify Carrier in writing if they are a “Disabled Person” or “Person with Reduced Mobility” that may require special arrangements, medical equipment and/or supplies, or care or assistance at the terminal of embarkation or disembarkation, during embarkation or disembarkation or during the cruise; of any specific needs with regard to accommodation, seating or services required; and, whether they need to bring any specific medical equipment or assistance dogs onboard. If a Guest’s circumstances change between the date of booking and the cruise, the Guest must inform Carrier as soon as possible and advise of the need of any special arrangements including medical equipment. Carrier will refuse boarding to Guests who cannot be carried safely and in accordance with all applicable safety requirements established by International, EU or National Law or where embarkation, disembarkation and/or carriage of the Guest cannot be carried out in a safe manner. Carrier can refuse to accept a booking or subsequently embark any Guest on the grounds of safety, taking into account among other things the ISM Code for the Safe Operation of Ships and/or SOLAS relating to the Safety of Life at Sea. It is important that the fullest information is provided at the time of booking. “Disabled Person” or “Person with Reduced Mobility” under this Regulation means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all passengers.
Where necessary in order to comply with applicable safety requirements, Carrier may require a Disabled Person or Person with Reduced Mobility to be accompanied by another person who is fit and able to assist them in day to day activities. This requirement may vary from ship to ship and itinerary to itinerary. Guests who may fall into this category may include those who require assistance with personal care including feeding. All personal care or supervision must be arranged by you at your expense. Carrier is unable to provide respite care, one-to-one personal care or supervision or any other form of specialized care for Guests.
You must inform Carrier prior to sailing of any medical equipment which you wish to bring onboard so that Carrier can determine if the equipment can be carried safely onboard. The ship cannot carry liquid oxygen or refill or supply oxygen cylinders. Failure to notify Carrier of such equipment may result in that equipment not being allowed onboard the ship and consequently may affect your ability to participate in the cruise. No more than two pieces of such medical equipment are allowed per stateroom and the value of such equipment must not exceed $5,000 per stateroom in total, unless agreed otherwise in writing by Carrier. In the event that any such equipment is lost or damaged by the negligence of Carrier and/or its servants or agents, then Carrier will replace or repair such equipment at its option.
Guests must make complaints relating to EU Regulation 1177/2010 concerning the rights of passengers when travelling by sea to the Carrier within 2 months from the date of service. Within 1 month after receipt of the complaint the Carrier will respond informing the Guest whether the complaint has been substantiated, rejected or is still being considered. The Carrier will provide a final response to the complaint no later than 2 months after the receipt of the complaint.
The Carrier and the Master each reserves the right, without liability whatsoever, to refuse passage or transport, or to disembark at any port, quarantine, deny service of alcohol to, 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, crewmember or person, or to the safety of the Vessel. The Carrier and the Master each further reserves the right, without any liability whatsoever, to refuse passage or transport, or to disembark at any port, quarantine, restrain or confine to a stateroom or any other area any Guest with a criminal background or any Guest who may be suffering from a communicable or infectious disease (including COVID-19, each as defined below in Clause 41), ill health or whose presence in the opinion of the Master may be detrimental to the comfort or safety of any other Guest, crewmember 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, including without limitation, any and all housing and transportation costs (including ground and air transportation costs to Guest’s home or other housing as required). Any Guest carried beyond destination for any reason without fault of the 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.
Each Guest and the person signing as the Responsible Adult (in the event a Guest is a minor or other person incompetent to contract) shall be liable jointly and severally to the Carrier and shall reimburse the Carrier for all loss, damage or cost sustained by the Carrier caused directly or indirectly, in whole or in part, by reason of any act or omission of the Guest. The Responsible Adult shall also pay to Carrier the prevailing costs and fees imposed by Carrier relating to the Responsible Adult’s failure to adequately supervise, control or care for the Responsible Adult’s minor child or ward. Further, the Guest and person signing as the Responsible Adult shall defend, indemnify and hold harmless the Carrier from and against any liability (including reasonable legal fees) Carrier 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 minor child or ward.
If available on your Vessel, each Guest will have the opportunity to use Onboard Chat, an in-app messaging feature in the Disney Cruise Line Navigator mobile application (the “Mobile App”). If you are the primary Guest of a stateroom that includes children under 13 years of age, you have the ability to enable or disable Onboard Chat for those children. At embarkation, Onboard Chat is disabled by default for children under 13. You, the primary Guest, must toggle it ‘on’ in order for children under 13 in your stateroom to access this feature. During the voyage, you can change this setting at will by toggling Onboard Chat ‘on’ and ‘off’ for each such child. Log in to the Mobile Account using your Disney Account to access this toggle. You understand and agree that, by toggling Onboard Chat ‘on’ for a child under 13, you are giving the child permission to send and receive Onboard Chat messages with other Guests on the same voyage. While children will only need to share their assigned Onboard Chat number and editable display name to other Guests in order to exchange messages with those Guests, it is possible that children may reveal personal information about themselves in the Onboard Chat messages. Because Onboard Chat will enable children to freely chat with other Guests, we encourage you to monitor and supervise your children's use of Onboard Chat. You may, for example, want to set up rules with your children about whom they can connect with, what general discussion topics are allowed, and what personal information, if any, is appropriate to share. For more information about our privacy practices, you may view our privacy policy at disneyprivacycenter.com.
The Guest or Responsible Adult, as the case may be, represents and warrants that the Guest is fit to travel and that the undertaking of this cruise, with any and all of its attendant activities, will not endanger the Guest or others. Guest and Responsible Adult authorize Carrier and its employees, agents and representatives to provide and\or procure emergency or urgent medical care or attention for Guest or Guest’s minor child or ward, and Guest or Responsible Adult (on behalf of Guest’s minor child or ward) hereby releases Carrier and its employees, agents and representatives from any and all liability whatsoever relating to the provision or procurement of such medical care. Guest agrees not to present herself for boarding under any circumstances if she will have entered the 24th week of pregnancy as of her embarkation date or will enter her 24th week of pregnancy during the voyage; such Guest will be refused passage due to safety concerns. Neither a physician’s medical statement nor a waiver of liability will be accepted. In addition. Disney Cruise Line cannot be held responsible or liable for any complications relating to pregnancy at any stage. The minimum age to sail aboard any Vessel on Transatlantic, Hawaii, and Panama Canal itineraries is 1 year of age, and the minimum age to sail aboard any Vessel on any other itineraries is 6 months of age.
Guest acknowledges that, in the event their minor child(ren) or ward(s) are staying in a different stateroom with another adult(s), each such adult shall also be deemed to be a Responsible Adult; Guest represents and warrants that Guest has authorized each such Responsible Adult to have access to all information and make all decisions relating to the minor(s) in connection with and while on the Disney Cruise Line vacation, including, but not limited to, making health care decisions (including authorizing testing the minor(s) for COVID-19 or the provision of medical care), signing consents and waivers for the minor(s) to participate in any activities requiring a consent or waiver, and having access to or providing authorization for the disclosure of personal health information of the minor(s).
All passports, visas and other travel documents required for embarkation and disembarkation and at all ports of call are the responsibility of Guests. Guests 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. The Carrier shall not in any circumstances whatsoever be liable for the consequence of any insufficiency or irregularity in such documents or the noncompliance by the Guest with such laws; notwithstanding that such documents are produced to the Carrier by the Guest or that information or advice as to said laws is given by the Carrier to the Guest.
Carrier may substitute another vessel for the one named herein, whether owned by the Carrier or not, at the port of embarkation or at any other place. The Vessel, either before or after proceeding toward the port of destination and though not required by any maritime necessity, may remain in port, proceed by any route and deviate from or change the advertised or intended route at any stage of the voyage and may proceed to and stay at any places whatsoever, although in a contrary direction to or outside of or beyond the usual route, once or more often, in any order, for loading or discharging fuel, stores, laborers, stowaways, Guests, or members of the Vessel's company, for this or any prior or subsequent voyage and/or for any purpose whatsoever that the Carrier or Master may deem advisable. Any such procedure or occurrence shall be considered not to be a deviation but within the voyage herein intended as fully as if specifically described herein. The above-mentioned provisions are not to be considered as restricted by any words of this Cruise Contract whether written, stamped or printed.
The Vessel may sail without pilots, tow or be towed, and assist vessels in all situations and deviate for the purposes of saving life or property without any liability whatsoever to Guest.
If the performance of the proposed voyage is hindered or prevented (or in the opinion of the Carrier or the Master, is likely to be hindered or prevented) by war, hostilities, blockage, labor conflicts, weather, surf, shallow waters, insurrections, disturbances (on board or ashore), restraint of any Governmental Authority, congestion, breakdown of the Vessel (except as provided in the Passenger Bill of Right published by the Carrier), docking difficulties or any other cause whatsoever, or if the Carrier or the Master in their sole discretion consider that for any reason whatsoever, beyond the control of the Carrier, proceeding to, attempting to enter, or entering or remaining at any port may expose the Vessel or persons to risk of harm, loss or damage or be likely to delay the Vessel, the Guest and his property may be landed at the port of embarkation or at any port or place at which the Vessel may call; and in that event, the responsibility of the Carrier shall cease and this Cruise Contract shall be deemed to have been fully performed, or if the Guest has not embarked, the Carrier may cancel the proposed voyage without liability except to refund money or fares paid. To the extent that any provision of this Clause 32 or of this Cruise Contract conflicts with the provisions of the Passenger Bill of Rights as published by Carrier, then the provisions of the Passenger Bill of Rights shall control.
Each Guest is allowed to bring aboard the Vessel a reasonable amount of clothing and personal effects, not to exceed two (2) bags per person. Every piece of baggage must be distinctly labeled with the Guest's name, Vessel's name, stateroom number and sailing date.
Except for service animals, no pets or other animals are allowed on board the Vessel. Guest may not possess firearms, explosives, flammable materials, other hazardous goods or non-prescription controlled substances. Such shall be surrendered to the Master at embarkation. In any circumstances and in the Master's sole discretion, any item deemed inappropriate may be refused on board the Vessel or confiscated, destroyed or surrendered to authorities. Guest shall have no claim for loss, damage or inconvenience thereby incurred. No solicitation of goods and services of any kind is allowed on any Vessel. Photography, videotaping or recording of any kind for commercial purposes is prohibited unless authorized by the Carrier in advance. Guests may not hang, attach or otherwise display any flag, banner or sign from any part of the Vessel, including stateroom verandahs.
No Guest will be liable to pay, nor entitled to receive, any general average contribution in respect of any property taken with them on the Vessel.
In addition to the exclusions from and limitations of the Carrier's liabilities contained in this Cruise Contract, Carrier shall have the full right to invoke any applicable laws or statutes of any country providing for exoneration from or limitation of liability; and nothing contained in this Cruise Contract shall be construed or otherwise operate to limit or deprive Carrier of any such exoneration from or limitation of liability, or the benefits of any statute or law of any country which might be applicable providing for exoneration from or limitation of liability, including, but not limited to, the provisions of the Athens Convention and EU Regulation 392/2009, and all such rights and benefits are hereby expressly reserved.
Carrier reserves the right to enter Guest staterooms, even when a “Room Occupied” or “Do Not Disturb” sign is displayed, for maintenance, security, safety or any other purposes at any time. The Guest, in the interests of the security, safety and health of Guests, crewmembers and the Vessel hereby consents to Carrier conducting reasonable searches of the Guest's person, property, and stateroom and to the removal, confiscation or destruction of any object which may, in the opinion of the Carrier or the Master, effect the security, safety or health of the Guest or others, or the Vessel, or violate Carrier rules and policies.
Guest or Responsible Adult (on behalf of Responsible Adult's minor child or ward) hereby grants to Carrier, and any other person or entity that Carrier may authorize, the right to photograph, film and/or record Guest and/or Responsible Adult's minor child or ward by any means including through the Vessel’s system of Closed Circuit Television cameras, and furthermore, Guest and Responsible Adult (on behalf of Responsible Adult's minor child or ward) hereby grant to Carrier and Carrier's Affiliates and their respective successors, licensees and assigns, forever and throughout the world, the right to use such photographs, film, images, tapings and/or recordings of Guest's and/or Responsible Adult's minor child's or ward's likeness, voice and sound, as the case may be, in all media and in all forms, including, without limitation, advertising, promotional materials, publicity, digitized images, broadcasts, videos, films, commercials, merchandise, governmental investigations, and litigation without further compensation or any limitation whatsoever, and all rights, title, interest in copyrights therein shall be Carrier's sole property, free from all claims by Guest (or Responsible Adult's minor child or ward) or any person deriving any rights or interests from Guest or Responsible Adult's minor child or ward. In addition, Guest or Responsible Adult agrees to indemnify Carrier for any liabilities, claims, actions, damages, costs or expenses (including, but not limited to, attorneys' fees and fees of other professionals) if this consent and release is disavowed by the minor child/ward or on behalf of the minor child/ward.
Guest agrees to abide by all the Carrier's rules and regulations and all orders and directions of the Vessel's officers or medical personnel, or any officer purporting to represent any government. Guest also agrees that any suggestions, ideas, feedback or comments which Guest communicates to Carrier (collectively "Guest Suggestions") shall not be proprietary or confidential, and Guest hereby grants Carrier and Carrier’s Affiliates the right (but not the obligation) to use, disclose and implement any Guest Suggestions without any liability, compensation or obligation whatsoever on Carrier’s part.
Guest acknowledges and confirms that any travel agent or sales agent utilized by Guest in connection with the issuance of this Cruise Contract is, for all purposes, Guest’s agent and Carrier shall not be liable for any representation made by said travel agent or sales agent. Guest shall remain liable at all times to Carrier for the price of passage. Guest understands and agrees that receipt of this Cruise Contract or any other information or notices by Guest’s travel agent or sales agent shall be deemed receipt by the Guest as of the date of receipt by the agent. Guest acknowledges that Carrier is not responsible for the financial condition or integrity of any travel agent or sales agent.
Guest acknowledges, understands and confirms that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present, including a cruise ship. “Communicable disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions are at higher risk for severe illness and death from COVID-19. Relevant public health authorities, including but not limited to the CDC, are referred to herein as “Public Health Authorities.” Guest acknowledges that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that Guest will expose others that the Guest encounters, even if the Guest is not experiencing or displaying any symptoms of illness.
Guest acknowledges and agrees to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of Guest or others. Guest acknowledges that Guest’s embarkation and participation in a cruise is entirely voluntary. By embarking and participating in a cruise Guest attests he is knowledgeable about his individual risk of developing severe illness if infected with COVID-19; Guest has made an informed decision about cruising based on his individual risk; and Guest has decided whether to consult with a health care provider based on the Guest’s individual risk.
Guest further acknowledges, understands and agrees to abide by and consent to all COVID-19 rules, regulations, mandates and safety protocols issued by Carrier and/or Public Health Authorities including but not limited to: (a) Submission to mandatory COVID-19 medical testing at such times and frequency as required by Public Health Authorities or Carrier, which may also include testing before and after your voyage; (b) submission to enhanced health screening for signs and symptoms of COVID-19 or known exposure to COVID-19; (c) denial of boarding due to signs and symptoms of a possible COVID-19 infection or known exposure to COVID-19 as determined by Carrier at its sole discretion, in accordance with technical instructions or orders by Public Health Authorities; (d) participation in contact tracing and data collection efforts for COVID-19 surveillance; (e) mandatory shipboard isolation and/or quarantine at the sole discretion of the Master or shipboard medical personnel; (f) mandatory disembarkation and evacuation due to a suspected COVID-19 infection by Guest or any other person aboard the Vessel (Evacuation and disembarkation may occur in a foreign port or a port outside your original cruise itinerary); (g) post-cruise quarantine instructions; (h) mandatory daily temperature checks; (i) mandatory use of face coverings/face masks in accordance with guidelines by Public Health Authorities and (j) following Disney Cruise Line physical distancing requirements.
Guest further acknowledges that the COVID-19 rules, regulations, mandates, and safety protocols issued by Carrier, Public Health Authorities, and/or other governing bodies are subject to change. Carrier reserves the right to change any health and safety protocols, including, but not limited to, requirements on vaccinations, masks, and physical distancing related to COVID-19 at its sole discretion, without notice, both prior to and during Guest’s presence on the Vessel. It is the Guest’s sole responsibility to confirm any changes to any health and safety protocols that may be applicable and ensure compliance with all health and safety protocols in effect on the Vessel.
In the event that Guest is denied boarding or required to isolate or quarantine due to, or is otherwise affected by, a COVID-19 infection or suspected exposure to COVID-19, Guest shall be responsible for all costs related to such denied boarding, isolation/quarantine or other effect, including without limitation, the costs of any and all housing and transportation (including transportation to any such housing, to Guest’s home, or elsewhere).
Each Clause and provision of this Cruise Contract is severable. If any portion of this Cruise Contract shall be determined to be invalid or otherwise unenforceable or without effect, then only such portion shall be deemed severed from the Cruise Contract and all remaining portions shall remain in full force and effect.
The Terms and Conditions contained in the Disney Cruise Line website ( http://www.disneycruise.com/termsandconditions ) in effect as of the commencement date of the voyage 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 Disney Cruise Line website, the terms of any Disney Cruise Line advertisement or offer, and the oral representations of any Disney Cruise Line representative, the provisions of this Cruise Contract shall control.
This Cruise Contract is the sole and entire agreement of the parties. There are no prior or present agreements, representations or understandings, oral or written, which are binding upon either party, unless expressly included in this Cruise Contract. No modification or change of this Cruise Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
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Cruise Ticket Contract
Ticket contract.
IMPORTANT NOTICE TO GUESTS THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY MARGARITAVILLE AT SEA® TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS BELOW. THIS CONTRACT CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS. IT IS IMPORTANT THAT YOU CAREFULLY READ ALL TERMS OF THIS CONTRACT. THE GUEST’S ATTENTION IS SPECIFICALLY DIRECTED TO SECTIONS 3, 5, 7-10, 12, AND 17 WHICH CONTAIN IMPORTANT LIMITATIONS ON THE GUEST’S RIGHT TO ASSERT LEGAL CLAIMS AGAINST MARGARITAVILLE AT SEA, THE VESSEL, THEIR AGENTS AND EMPLOYEES, AND OTHERS, INCLUDING FORUM SELECTION, CHOICE OF LAW, TIME LIMITATIONS FOR FILING SUIT, ARBITRATION, WAIVER OF JURY TRIAL FOR CERTAIN CLAIMS, AND CLASS ACTION WAIVER.
THE ATTENTION OF GUEST IS ALSO SPECIFICALLY DIRECTED TO SECTIONS 1, 3, 5-6, 8 AND 12-13, AND THE INFORMATION AVAILABLE AT CARRIER’S WEBSITE AT WWW.MARGARITAVILLEATSEA.COM , WHICH CONTAIN IMPORTANT TERMS, CONDITIONS, POLICIES, PROCEDURES AND REQUIREMENTS RELATED TO PUBLIC HEALTH.
THE GUEST’S ACCEPTANCE OR USE OF THIS CRUISE TICKET CONTRACT SHALL CONSTITUTE THE AGREEMENT OF GUEST TO THE TERMS AND CONDITIONS BELOW.
In consideration of the receipt of the full cruise fare and/or boarding and lodging on the Vessel to which this Cruise Ticket Contract applies, Margaritaville at Sea® and Guest agree that the cruise is subject to the following terms and conditions:
1. INTRODUCTION
This Cruise Ticket Contract describes the terms and conditions that apply to the relationship between the Guest (as defined in Section 2(d) below) and the Carrier (as defined in Section 2(b) below) relative to the Cruise covered by this Contract. Guests are advised to carefully read the terms and conditions of this Contract set forth below. In addition, Carrier’s Public Health Policies and Procedures are described generally in Section 5 below and elsewhere herein. Carrier reserves the right to change or modify these policies as required by governmental agencies, health authorities in the U.S. and the destinations visited and for health and safety reasons without notice to Guest. Carrier’s Public Health Policies and Procedures will be updated as needed and are available at www.margaritavilleatsea.com (“Website” as defined in Section 2 below). In the event of any conflict between the Public Health Policies and Procedures described herein and those described on Carrier’s Website, the Website policies and procedures shall prevail.
2. DEFINITIONS AND SCOPE OF THE CONTRACT
(a) “Baggage” means suitcases, valises, satchels, bags, hangers or bundles and their contents consisting of clothing, articles of personal adornment, toiletries and similar personal effects as are necessary and appropriate for the purpose of the Cruise and all other such personal property of the Guest not in a container. (b) “Carrier” means: (i) the Vessel or any substituted vessels; its launches, tenders or crafts, and (ii) the Vessel’s owners, operators, managers and charterers. The exclusions and limitations of liability of Carrier set forth in the provisions of this Contract, as well as all rights, defenses and immunities set forth herein, shall also apply to and be for the benefit of certain designated third party beneficiaries which include the parent, subsidiary, affiliate, and successor companies and assigns of all the entities identified in this Section; the officers, directors, employees, agents, crew and pilots of all the entities identified in this Section, and any agents, independent contractors, and all concessionaires, physicians and medical personnel, retail shop personnel, health and beauty staff, fitness staff, shore excursion providers, tour operators, shipbuilders, manufacturers and designers of the Vessel or Transport, and/or installers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to the Vessel or any substituted vessel or Transport, or owned or operated by its owners, operators, managers, agents, charterers, contractors, concessionaires or others. (c) “Contract” means the terms and conditions in this Cruise Ticket Contract together with the Cruise and Cruise Fare due for your Cruise all of which constitute a contract between Guest and Carrier. (d) “Guest” means all person(s) travelling under this Contract and individuals in Guest's care, including any accompanying minors, and any of their heirs, representatives and assigns. (e) “Cruise” means the specific cruise covered by this Contract, on the Vessel named herein, as the same may be modified and shall include those periods during which the Guest is embarking or disembarking the Vessel and those periods when the Guest is on land while the Vessel is in port. (f) “Cruise Fare” means the amount paid for the Cruise, whether such amounts are owing and/or have been paid by the Guest, which includes transportation on the Vessel named herein, full board, ordinary Vessel food, tap water, juices, regular and decaffeinated coffee, assorted teas and milk, but does not include specialty food, beer, wine, spirits, sodas, carbonated beverages or mineral waters, nor amounts due for other products or personal services such as shore excursions, photographs, gratuities, service charges, salon and spa services, dining in specialty restaurants, telephone calls, internet services, or any other incidental charge or expense including charges for any medical services received onboard which can be purchased separately. The Cruise Fare shall be deemed to be earned when paid and not refundable except as stated on Carrier’s Website as applicable to the Voyage and as provided in Section 19 herein. (g) “Operator” means Classica Cruise Operator Ltd. operating under license as Margaritaville at Sea. (h) “Travel Agent” means a person, persons or entity engaged in selling and arranging transportation, accommodations, tours, or trips for travelers. (i) “Vessel” means the Vessel, owned, chartered or operated by Operator on which Guest may be traveling or against which Guest may assert a claim, as well as any vessel, including substituted vessels, used in the performance of this Contract, (j) “Website” means www.margaritavilleatsea.com . (k) “Voyage” means the itinerary and all services to be supplied for the Voyage described in the Contract.
3. CONTRACT/TERMS OF CRUISE FARE
(a) Acceptance & Use of Contract. This Contract constitutes a contract of passage between the Operator and the Guest (whether or not signed by or on his/her behalf), both as defined above, and all the terms and provisions of this Contract, including all of the following matter printed below are a part of such Contract to which the Guest and/or purchaser agrees by accepting this ticket, whether the Guest purchased the ticket on the Guest’s own behalf or whether the ticket and this Contract have been held and presented by another person on behalf of the Guest. (b) Contract Governs Relationship Between Carrier and Guest. The Guest agrees that this Contract governs the relationship between the Guest and the Carrier, regardless of the Guest’s age, whether the Guest purchased the ticket on his or her own behalf, and/or whether the ticket has been held and/or presented by another person on behalf of the Guest and/or whether or not it is signed. (c) Entire Agreement. The Guest agrees that, except as expressly provided herein, this Contract constitutes the entire agreement between the Guest and Carrier, and shall supersede and exclude any prior representations that may have been made in relation to the Cruise to the Guest or anyone representing him/her by anyone, including but not limited to anything stated in the Carrier's brochures, Website, advertisements, and other promotional materials, by Margaritaville at Sea or by third persons such as Travel Agents. (d) Terms Are Binding. Purchase or use of this Contract, whether or not signed by the Guest, shall constitute the agreement by, and be binding upon, Guest, on behalf of himself and all other persons traveling under this Contract (including any accompanying minors or other persons for whom the Contract was purchased), even if no payment of Cruise Fare has been made. (e) Ticket Is Not Transferable. This Contract is valid only for the person, persons and Guests covered hereunder named on the front hereof for whom it is issued and cannot be transferred without Carrier's express written agreement. No person other than the person(s) named in the Contract can use the Contract without the express written agreement of the Carrier. This Contract is only valid for the Cruise specified in the accompanying ticket. (f) Cruise Fare Payment. Cruise Fare shall be considered earned at the time of payment, or if not previously paid, then at the time of embarkation. The terms of this Contract shall be binding upon the payment of Cruise Fare and the Guest agrees to the terms upon presenting this Contract to the Carrier for boarding even if no payment of the Cruise Fare has been made. Carrier shall be entitled to Cruise Fare and to retain it under all circumstances whatsoever. (g) No Liability for Lost or Unused Cruise Tickets. The Guest agrees that the Carrier shall not be liable to make any refund to Guest for lost tickets and/or tickets wholly or partially not used by a guest except as otherwise expressly stated in this Contract, any statute, law or other governmental regulations to the contrary, notwithstanding, the benefit of which Guest hereby expressly waives. Refunds for Guest cancellations prior to sailing are limited by the terms of the Carrier's cancellation and refund policy , which is incorporated by reference and available at Carrier’s Website and in Section 19 below. In the event of any conflict between the cancellation and refund policy described herein and those described on Carrier’s Website, the Website cancellation and refund policy shall prevail. (h) No Liability for Any Cancellation of Itinerary. Carrier reserves the right to change or cancel any scheduled call at any port for any reason at its option at any time whether before, or after sailing of the Vessel, without previous notice to the Guest, and without liability to the Guest for any loss, damage or delay whatsoever, howsoever consequential. (i) Taxes, Fees, Port Expenses and Other Charges. Cruise Fare does not include taxes, fees, port expenses or other charges by any government or quasi-governmental authorities, including port authorities, whether assessed on a per Guest, per Vessel, per berth or per ton basis, as well as third party fees and charges arising from a vessel’s presence in a harbor or port, nor any charges of the cost of security supplements or similar incidental assessments made by third parties which are subject to change and are due and payable by Guest upon request. If governmental or quasi-governmental action results in any element of such taxes, fees and port expenses exceeding the estimates used by Carrier for purposes of computing the quoted amount, Carrier reserves the right to pass through and collect the extra amount even if the Cruise Fare has already been paid in full. (j) Fuel Supplement Charges. “Fuel Supplement” shall mean any additional charge to defray a portion of Carrier’s fuel costs. Cruise Fare does not include Fuel Supplement charges, security charges or similar incidental charges (“Surcharges”), subject to applicable laws. Carrier reserves the right to impose or pass on any of these Surcharges and no right of cancellation shall be implied. Carrier reserves the right to charge Guest a Fuel Supplement up to $15.00 USD, or its equivalent in foreign currency, per person per day, without prior notice, in the event that the price of fuel oil according to the NYMEX (New York Mercantile Exchange Index) is greater than $40.00 USD per barrel of oil. Guest shall have no right of cancellation based on the imposition of a Fuel Supplement and such supplement is not included in the Cruise Fare. The amount of Fuel Supplement and taxes, fees and port expenses collected are subject to change, without prior notice. Carrier may collect any Fuel Supplement in effect at the time of sailing, even if the Cruise Fare has been paid in full. (k) No Modification Unless in Writing. The price of passage hereunder has been fixed partly with reference to the liability assumed by Carrier as defined by this Contract, and no agreement, alteration, or amendment creating any other or different obligation or liability shall be valid unless made, in writing, and signed by Carrier's authorized corporate officer. The rights, defenses, immunities and limitations of liability set forth herein shall inure to the benefit of the Carrier and all concessionaires, independent contractors or other service providers; affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; all suppliers, shipbuilders, component part manufacturers; and its or their owners, operators, managers, charterers, agents, pilots, officers, crew and employees. (l) Reduced Fares. If this Contract is issued for, or in connection with, any passage at a reduced Cruise Fare rate from the full regular Cruise Fare ordinarily charged whether the reduction is in connection with an "Off Season" or "Low Season" sailing or at any reduced rate by whatsoever designation or cause, this Contract is only available for use on the sailing for which it was issued unless upon Carrier's determination available space exists and the Guest pays to Carrier the difference between the reduced Cruise Fare rate and the full regular Cruise Fare. (m) Right to Increase Fares. Carrier reserves the right to increase Cruise Fares without prior notice. In such an event, Guest has the option to accept and pay such increase, or to cancel Guest’s reservation without penalty, not less than one (1) month prior to departure. (n) Carrier’s Obligation to Comply with Governmental Rules, Regulations and Laws. Carrier shall have the right to comply with any orders, recommendations, or directions whatsoever, including but not limited to those pertaining to health, security, immigration, customs or safety, given by any governmental entity or by persons purporting to act with such authority and such compliance shall not be deemed to be a breach of this Contract. (o) Payment of Onboard Charges Prior to Disembarking. Prior to disembarking the Vessel, Guest must pay in full all amounts charged to Guest’s stateroom account. Carrier shall not be liable for loss, damage or delay resulting from Guest’s failure to comply with these requirements. Carrier shall be entitled to a lien on the Guest’s Baggage for any outstanding amounts. (p) Contract Is Applicable to Other Entities and Persons. All rights, exemptions from liability, defenses and immunities of Carrier under this Contract shall also inure to the benefit of all concessionaires, independent contractors or other service providers; and affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; all suppliers, shipbuilders, component part manufacturers; and its or their owners, operators, managers, charterers, agents, pilots, officers, crew and employees. (q) Gratuities and/or Service Fees Property of Carrier. Any gratuities and/or service fees paid by Guest are the property of the Carrier and shall be used by the Carrier in any manner or method and for any purpose that the Carrier deems fit in its sole discretion.
4. TRAVEL DOCUMENTS AND GUEST REQUIREMENTS
(a) Required Travel Documents. Proper travel documents and eligibility to travel is required upon embarkation and throughout the Cruise. Guest shall have in his or her possession, and assumes all responsibility for obtaining, all visas, passports, certified birth certificates, travel and health documents required by any governmental authority, and as required by Carrier’s Public Health Policies and Procedures (as described in Section 5 below) and if Guest fails to do so Carrier shall have no further obligation to transport or to furnish transportation to the Guest. In addition to immigration and customs requirements, the U.S. government and others place restrictions on the carriage of Guests whose names appear on government watch lists or who are deemed legally ineligible to travel. It is the Guest’s sole responsibility to ensure his/her legal eligibility to travel and have available at all times all required travel documents. Guests are advised to check with their Travel Agent and with the appropriate government authority to determine the necessary documents and travel eligibility requirements for their particular Cruise and destinations. Carrier assumes no responsibility for advising Guest of which travel documents are required for the requested or purchased itinerary and it is recommended that Guest travel with a valid government issued passport at all times. Carrier may cancel the booking of any Guest who is or becomes ineligible to travel for any reason, or who is traveling without proper travel documentation. Any such Guest, or any Guest who fails to board the Vessel at embarkation, shall be ineligible to board the Vessel thereafter without Carrier’s consent, and shall not attempt to do so at the same or another port. Under these circumstances the Guest shall not be entitled to a refund or compensation of any kind. Guest is responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from, or arrival to, their final destination. Under no circumstances shall Carrier be liable for any costs, damages or expenses whatsoever incurred by any Guest as a result of such failure, cancellation, or denial of boarding. Carrier may cancel the booking of any Guest who is or becomes ineligible to travel for any reason. Guest is responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to their final destination. Any Guest who fails to follow Carrier’s Public Health Policies and Procedures shall be ineligible to board the Vessel. (b) Required Travel Documents for Cruise and Stay Program in Grand Bahama Island. All Guests travelling to and from Grand Bahama Island who disembark the Vessel in Grand Bahama Island and return to the Port of Palm Beach on another voyage under the Cruise and Stay Program will be required to present a valid U.S. Passport or U.S. Passport Card. The provision of proper travel documents and eligibility to travel is required upon embarkation and throughout the Cruise. Guest shall have in his or her possession at all times, and assumes all responsibility for obtaining, a valid U.S. Passport to cruise under the Cruise and Stay Program. Carrier shall have no obligation to transport or to furnish transportation to the Guest who does not present a valid U.S. Passport or U.S. Passport Card, and under no circumstances shall Carrier be liable for any refund, costs, damages or expenses whatsoever incurred by any Guest due to Guest’s failure to present a valid U.S. Passport. (c) Availability of Website and Travel Information. Guest acknowledges receipt of Carrier’s applicable Website and travel information and agrees to abide by the terms and conditions of this Contract and the information contained on Carrier’s Website, including Carrier’s Public Health Policies and Procedures, Frequently Asked Questions, Guest Safety and Conduct Policy and Travel Documentation Requirements on the Website. In the event of any conflict between the Carrier’s Public Health Policies and Procedures described herein and those described on Carrier’s Website, the Website policy shall prevail. (d) Voyages Commencing and Cruising in the U.S. Guest acknowledges that, for a voyage commencing in a United States port for a round-trip voyage via one or more United States ports, Guest must complete the Voyage and disembark at the embarkation port. Failure to do so may result in a fine or penalty being imposed by the United States Customs Service or other governmental agency. In consideration for the Cruise Fare paid, Guest agrees to pay for any and all fines or penalties imposed because of Guest’s failure to complete the Voyage. (e) Required Travel Documents for Minors and Proof of Marriage. Carrier shall refuse boarding to any Guest under the age of 18 unless: (1) the Guest is traveling in the same stateroom with an individual twenty-five (25) years or older; (2) traveling in the same stateroom with his/her spouse; (3) traveling with a parent or guardian in an accompanying stateroom; or (4) is a qualified member of the U.S. military. If the Guest is an adult accompanying a minor or minors under the age of 18, and the adult Guest is not a spouse, parent, or legal guardian of the minor(s), the adult Guest must present an original Parent/Guardian Consent & Release Form, signed by both parents/legal guardians of the minor which authorizes the minor's travel, and further authorizes medical treatment in case of emergency, to a representative of the Carrier at the pier. If the adult Guest is the spouse of a minor, the adult Guest must present a certified copy of a valid marriage certificate to a representative of the Carrier at the pier. Failure to present any of the aforementioned documentation may result in boarding being denied with no refund provided. Carrier shall not be liable for any refunds or for any damages arising out of, relating to, or concerning any Guest’s failure to provide proper proof of age or marriage or otherwise comply with this Section. (f) Mandatory Safety Briefing. Guests must attend the mandatory safety briefing at the commencement of the Cruise and any subsequent briefing ordered by the Vessel’s officers during the Cruise. Guests shall comply with all onboard health, environmental and safety policies and procedures (including but not limited to those specified in Section 5 below and on Carrier’s Website) and shall familiarize themselves with the nature and character of the Vessel, as well as, all emergency exits, to assist with safe evacuation in the event of an emergency.
(g) Guest is Responsible for Compliance with Vessel Rules and Policies. Guests must comply with all pre-embarkation, onboard and shore excursion rules and policies including, but not limited to, all environmental, public health policies and procedures, and onboard waste / recycling receptacle stations, and Guest agrees to comply with all such policies and procedures. Guests shall familiarize themselves with the nature and character of the Vessel.
(h) Denial of Boarding Due to Criminal Record or Prior Violation of Guest Safety and Conduct Policy. Carrier may deny boarding to any Guests with a criminal record, including but not limited to, murder, aggravated assault (including aggravated domestic violence), rape, sexual assault and other sexual offenses and robbery. Carrier reserves the right to access public records containing information about any criminal convictions and/or crimes to which Guest has pleaded guilty as part of its Guest screening process, including obtaining a consumer background report showing such criminal pleas and convictions from a credit reporting agency and to deny embarkation at any time to any Guest who has been convicted of, or pleaded guilty to, any of the above-referenced crimes. Carrier may also deny boarding to any Guests who have violated Carrier’s Guest Safety and Conduct Policy in the past or Guests who Carrier deems to be a safety concern for other Guests or crew. Guest hereby consents to Carrier’s accessing public records concerning Guest and obtaining a consumer background report regarding Guest from a credit reporting agency regarding criminal conviction(s) and conduct as part of its screening policy. In the event of a denial of boarding due to Guest’s criminal record, past violation of Carrier’s Guest Safety and Conduct Policy, or because of a concern for the safety or wellbeing of other Guests or crew, Guest’s Cruise shall be deemed to have been cancelled by the Guest who is denied boarding on the date of the booking of such Guest’s reservation, and the booking, reservation and Contract of any Guest travelling with any person denied boarding due to this screening policy (including, but not limited to, the booking, reservation or Contract of those in the same travel party as Guest, whether or not such person was to stay in the same cabin or another cabin with the individual denied boarding) shall be unaffected and cancellation by any of these other Guests will be subject to the standard cancellation penalties in Section 19 below.
5. PUBLIC HEALTH POLICIES AND PROCEDURES, UNDERSTANDING AND KNOWING ACCEPTANCE OF RISKS OF TRAVEL
(a) Consultation with Guest’s Physician and Guest's Acceptance of Risk of Travel. GUESTS ARE STRONGLY ENCOURAGED TO DISCUSS THE ADVISABILITY OF TRAVEL WITH THEIR PHYSICIAN AND TO REVIEW THE U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION (“CDC”) WEBSITE. GUEST ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT WHILE ABOARD THE VESSEL, IN TERMINALS AND BOARDING AREAS, OR DURING ACTIVITIES ASHORE AND/ OR WHILE TRAVELING TO OR FROM THE VESSEL, GUEST OR OTHER GUESTS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19 AND ITS VARIANTS, INFLUENZA, FUNGI, COLDS, NOROVIRUS, NOT YET KNOWN NOVEL COMMUNICABLE ILLNESS AND DISEASE. GUEST FURTHER UNDERSTANDS AND ACCEPTS THAT DUE TO THE NATURE OF SPREAD OF COMMUNICABLE ILLNESSES, THE RISK OF EXPOSURE IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, ARE BEYOND CARRIER’S CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. GUEST KNOWINGLY AND VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURE, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER. (b) Agreement to Abide by Public Health Policies and Procedures. Carrier’s Public Health Policies and Procedures are subject to the guidance and directives of established health authorities in the U.S. and other destinations where the Vessel visits, including the CDC and other international, national and local health agencies when the Vessel is within those agencies’ jurisdiction. Guest acknowledges that these directives may change from time to time and that Carrier’s Public Health Policies and Procedures may therefore also change. GUEST EXPRESSLY AGREES TO COMPLY WITH THE PUBLIC HEALTH POLICIES AND PROCEDURES AS THEY ARE DESCRIBED HEREIN, AND AS THEY ARE DESCRIBED ON CARRIER’S WEBSITE, AT ALL TIMES INCLUDING PRE-EMBARKATION, WHILE ONBOARD, DURING PORT CALLS AND SHORE EXCURSIONS AND/OR FINAL DISEMBARKATION. IN CASE OF ANY CONFLICT BETWEEN THE PUBLIC HEALTH POLICIES AND PROCEDURES DESCRIBED HEREIN OR ON CARRIER’S WEBSITE, THE WEBSITE GOVERNS GUEST’S AGREEMENT TO ABIDE BY CARRIER’S PUBLIC HEALTH POLICIES AND PROCEDURES AND CONSTITUTES AN INTEGRAL PART OF THIS CONTRACT. GUEST AGREES THAT THE PUBLIC HEALTH POLICIES AND PROCEDURES HEREIN WILL ALSO APPLY TO ANY AND ALL AS YET UNKNOWN NOVEL DISEASES OR ILLNESSES. (c) Compliance with Public Health Policies and Procedures is Required. Notwithstanding any other provision contained herein or in Carrier’s Refund Policy, any noncompliance by Guest or members of Guest’s travelling party with Carrier’s Public Health Policies and Procedures or this Contract shall be grounds for refusal to board, refusal to re-board after going ashore, quarantine onboard the Vessel, disembarkation, reporting to governmental or health authorities, or other steps deemed necessary in Carrier’s sole discretion under the circumstances to protect the health and well-being of others. Under these circumstances, Guest shall not be entitled to a refund or compensation of any kind. Guest will be responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to Guest’s country of residence. Under no circumstances shall Carrier have any other liability for any compensation or other damages or expenses whatsoever incurred by any Guest as a result of such denial of boarding, refusal to re-board, quarantine, disembarkation, or other steps taken by Carrier. (d) Guest Ill Due to Public Health Concern Pre-Cruise. Guest agrees that if at any time within 14 days prior to embarkation, Guest becomes ill with a communicable illness or disease, exhibits signs or symptoms of a communicable illness or disease has had close contact with a person confirmed or suspected as having communicable illness or disease or Carrier otherwise determines in its sole discretion that Guest is unfit to board because of any communicable illness, Carrier may deny boarding to such Guest. Under these circumstances, unless Carrier determines that Guest has failed to comply with Carrier’s Public Health Policies and Procedures, or this Contract, any Guest denied boarding because of a known or suspected infection with a communicable disease will be entitled to a refund or future cruise credit equal in value to the Cruise Fare Guest paid to Carrier. Carrier, in its sole discretion, may require Guest to provide verification satisfactory to Carrier that Guest is not ill from a communicable illness or disease. For further details, refer to Carrier’s refund and cancellation policy at Carrier’s Website. Under no circumstances shall Carrier have any other liability for any compensation or other damages whatsoever, including but not limited to compensation for lodging or travel. (e) Guest Ill Due to Public Health Concern During Cruise. Guest understands and agrees that if, after boarding, and even if Guest has fully complied with Carrier’s Public Health Policies and Procedures, Guest is ill with a communicable disease or illness or exhibits signs or symptoms of a communicable disease or illness, Carrier may disembark, refuse re-boarding, or quarantine Guest as well as members of Guest’s travelling party, or take other steps which Carrier determines, in its sole discretion, are necessary under the circumstances to protect the health, safety and well-being of others. Under these circumstances, any such Guest with a known or suspected case of a communicable disease or illness who is disembarked, refused re-boarding, or quarantined shall be entitled to a prorated refund or future cruise credit for the unused portion of the Cruise Fare. For further details, refer to Carrier’s refund and cancellation policy at Carrier’s Website. Each such Guest is responsible for all other related costs and fines, including without limitation travel expenses. Under no circumstances shall Carrier be liable to any such Guest for any costs, damages or expenses whatsoever incurred by any Guest.
6. GUEST’S OBLIGATION TO COMPLY WITH CONTRACT AND RULES OF CARRIER; QUARANTINE; INDEMNIFICATION
(a) Guest Agrees to Follow Carrier’s Rules, Policies and Instructions. Guest agrees to follow the directions of the Vessel’s Master, or his authorized officers, during the Voyage. Guest shall at all times comply with the provisions of this Contract, all applicable laws, and rules, policies and regulations of the Carrier, and the Vessel, and including Carrier’s Public Health Policies and Procedures set forth in Section 5 above and on Carrier’s Website. Guest also agrees to abide by the rules in Carrier’s Guest Safety and Conduct Policy described on Carrier’s Website, and to follow the lawful instructions of the Vessel's officers, crew, and other employees at all times, including at the port terminal. Guest acknowledges and accepts that failure to do so constitutes a material breach of this Contract which may subject the Guest, as well as any accompanying Guest(s), to involuntary disembarkation without liability whatsoever to the Carrier for any refund or any other related loss or expense to the Guest, and any accompanying Guest(s). (b) Right to Refuse Boarding or Remove Guest. Carrier may refuse Guest boarding, and may remove any Guest from the Vessel at any time, for any of the following reasons: (i) whenever such action is necessary to comply with any government regulations, directives or instructions; (ii) when a Guest refuses to permit search of his person or property for explosives, weapons, dangerous materials or other stolen, illegal or other prohibited items; (iii) when a Guest refuses upon request to produce positive identification; (iv) for failure to comply with Carrier’s rules and procedures, including, but not limited to, Carrier’s Guest Safety and Conduct Policy or Carrier’s policies against fraternization with crew; or (v) Guest fails to abide by Carrier’s Public Health Policies and Procedures (as described in Section 5 above and on Carrier’s Website), and Carrier’s Guest Safety and Conduct Policy as described on Carrier’s Website. (c) Right to Refuse or Revoke Passage or to Confine and/or Quarantine for Medical Safety Reasons. Guest recognizes and agrees that Carrier reserves the right, without incurring liability of any kind, to refuse or revoke passage to, or confine to a stateroom, or refuse to re-board after going ashore any Guest who, in the sole judgment of the Carrier or Vessel’s medical personnel, may be refused admission into a port or into the country of destination, or may be suffering from a contagious disease or illness, or fails to abide by Carrier’s Public Health Policies and Procedures as described in Section 5 above or on Carrier’s Website, or for any other cause that may endanger themselves or others or violate any of Carrier’s rules or policies. Any Guest who is refused passage or otherwise denied any advertised benefit or service under this Section shall not be entitled to receive any compensation whatsoever, except as otherwise provided herein or as required by law and shall become liable for any resulting expenses incurred by the Carrier. (d) Prohibited Items. The Guest agrees not to bring on board the Vessel, under any circumstances, any firearms, knives or weapons of any kind, ammunition, explosives, incendiary devices, contraband, drones or other substances of a dangerous or illegal nature under any circumstances. Carrier reserves the right to confiscate, destroy and/or turn over to authorities these or any other items it deems in its sole discretion to be detrimental to the safety or comfort of any person or which are otherwise improperly in the possession of any Guest. Each Guest warrants that no such articles are contained in any receptacle or container carried or presented as Baggage. No Guest is permitted to bring on board the Vessel live animals (other than qualified service dogs). Guest further understands and agrees that any alcoholic and other beverages purchased ashore shall not be brought on or consumed aboard the Vessel under any circumstances but shall be delivered to the Vessel's crew at the gangway to be retained by the Carrier until the Guest disembarks at the end of the Voyage. The Guest assumes all responsibility for complying with any applicable customs or import laws relating to any such purchase.
(e) Smoking. Any and all forms of smoking, including but not limited to, cigarettes, cigars, pipes, vaporizers, and electronic cigarettes are strictly prohibited on board the Vessel except in specific designated exterior deck areas and designated casino/night club spaces. Guest agrees to refrain from smoking in non-designated areas and agrees that Carrier has the right to assess up to a $500 charge, per violation, to the Guest’s onboard account and to disembark the Guest for smoking in non-designated areas with no liability to issue a refund to the Guest. All staterooms and suite accommodations, including the outside balconies, are non-smoking. Guest further agrees that any violation of this Section would also cause Carrier to incur damages, including but not limited to, loss of goodwill, revenue, cleaning, maintenance, fines and/or other costs. Any evidence of smoking in a stateroom or balcony (smoke smell/residue, butts, ashes, upholstery/furniture burns, tampering of the smoke alarm) will constitute a violation of this Section. Fines will be assessed in the functional currency of the Vessel which might be different than the currency used to secure the booking. Such Guests will be solely responsible for all resulting financial penalties and expenses to return home, and no refund of their unused Cruise Fare will be provided. Guest further acknowledges and agrees that any violation of this Section shall, in the sole discretion of Carrier, constitute a material breach of this Contract. In the event of such breach, Guest forfeits all rights hereunder, including the right to remain on board. Carrier reserves the right to disembark Guest(s), at any port, as determined by Carrier. Carrier shall not be liable for any refund or other compensation or damages whatsoever to any Guest disembarked pursuant to this Section, including those Guests who disembark because another Guest is so disembarked. Such Guests may also be prohibited from cruising with the Carrier in the future. Guest acknowledges that smoking is only permitted in designated areas.
(f) Marijuana, Cannabis and Illegal Controlled Substances. Any marijuana possession or use is strictly prohibited on all the Vessel at all times, regardless of local, state, or other laws which might permit use or possession of marijuana. Marijuana and cannabis, including all marijuana and cannabis derivatives, and all illegal controlled substances are strictly prohibited and may not be brought on board the Vessel. Marijuana and cannabis, including all marijuana and cannabis derivatives, are strictly prohibited from Carrier’s vessels, even if they are legal in some states or jurisdictions. Carrier abides by U.S. Federal Law which prohibits the possession or use of marijuana on its vessels for any reason. Any Guest who brings marijuana or any illegal controlled substances on board, in violation of Carrier’s policy or U.S. or international law, including any law of a port or the flag state, will be reported to local and/or Federal authorities and U.S. Customs & Border Protection for possible detainment and/or enforcement action. Carrier may deny boarding or disembark any Guest who brings or attempts to bring marijuana or any illegal substance on board with no refund to Guest and at Guest’s own expense for repatriation and travel. Guest hereby expressly agrees that Carrier has, at all times with or without notice, the right to search Guest’s cabin and baggage and/or personal effects for any prohibited items including but not limited to drugs, weapons, and other contraband, at any location, to ensure compliance with these and other restrictions. Guests and their luggage will be routinely and randomly screened by security personnel and screening tools and equipment, including narcotics and contraband sniffing dogs during embarkation, at ports of call and on board. Any Guest who refuses any such search or screening, or any Guest traveling with such items and/or attempting to board the Vessel with any such items, may be denied boarding or reboarding and/or disembarked and no refund of the Cruise Fare will be issued. Guest will be solely responsible for any and all damage and/or loss caused by his or her violation of this Section. Guest agrees that Carrier has the right to assess up to a $500 charge, per violation of this Section, and to disembark the Guest for violation of this Section with no refund to the Guest.
(g) Stateroom Assignments Not Guaranteed. Specific stateroom assignments are not guaranteed. The Carrier reserves the right to move Guest to a comparable stateroom for any reason, including but not limited to, instances in which a stateroom is booked with fewer than the maximum number of Guests the stateroom can accommodate; or when a partial Guest cancellation occurs, and the remaining number of Guests do not match the maximum number of Guests the stateroom can accommodate; or when a non-disabled Guest is booked in an accessible cabin. Any such change in stateroom shall not result in a partial or full refund to Guest. (h) Guest Must Meet Border Control Requirements. The Guest certifies to the Carrier that Guest is qualified to enter the country or countries of his/her destination and is qualified to enter the country or countries at which Guest may wish to disembark. The Guest assumes all responsibility for obtaining all travel and health documents required by any governmental authority, and if he/she fails to do so and such failure may delay the Vessel or may be deemed a violation of any law, rule order or direction of any governmental authority, the Carrier shall have no further obligation to transport or to furnish transportation to the Guest. The Guest will not be allowed to board the Vessel or be entitled to a refund if the Guest does not have proper documentation. The Guest will be subject to any fine or other costs incurred by Carrier that results from improper documentation or noncompliance with applicable regulations, which amount may be charged to Guest’s stateroom and/or credit card. (i) Departure Time Requirements and Policies. The Guest acknowledges that it is Carrier’s policy that all guests must be onboard the Vessel one (1) hour prior to the departure time noted on their Cruise documents for the port of embarkation as well as one (1) hour before departure at all ports of call and agrees that it is the Guest’s responsibility not to miss such final boarding time. Any Guest who fails to board the Vessel one (1) hour prior to departure is at risk of being left at the port of embarkation or port of call. In such event, Carrier shall have the right without notice to depart without the Guest, and the Guest shall be fully responsible to pay for or indemnify the Carrier from all expenses incurred to rejoin the Vessel at the next port or for his/her own return passage, including, but not limited to, government fees or fines, visa fees, subsistence, lodging, airfare, launch fare, car hire or agency fees. In such event, the Guest shall not be entitled to a refund and shall be deemed to have breached this Contract. Further, in such event, the entire Cruise Fare shall be deemed fully earned by Carrier and no portion thereof shall be recoverable by the Guest. (j) Requirements for Travelling with Minors. When accompanying a minor on the Vessel, the adult Guest agrees to be the agent of such minor(s) for all purposes, to accept and maintain full responsibility for supervising, monitoring and ensuring the safety and health of such minor(s) and to bear full responsibility for the actions of such minor(s) travelling with the Guest. The Guest further ensures such minor(s) abide by the provisions of this Contract, all shipboard rules and regulations, and all applicable laws. The adult Guest further agrees that the Carrier is not liable for injury to minor(s) in the adult Guest’s charge arising from the willful or negligent acts or omissions of other guests or persons who are otherwise not acting on behalf of the Carrier. The adult Guest also agrees that under no circumstances will a minor be left aboard the Vessel, while the adult Guest who is responsible for the minor leaves the Vessel for any reason, and in such circumstance the adult Guest agrees to indemnify and hold Carrier harmless for any and all loss, injury, or death of the minor or any other person involving the minor whatsoever. The adult Guest must accompany all minors on any independently operated shore excursion purchased through Carrier. Proof of age and/or proof of marriage are required to be presented at any time. (k) Guest Liability to Carrier and Indemnification. The Guest shall be liable to and shall reimburse Carrier for all damages or loss of or to the Vessel and its furnishings and any equipment or property of the Carrier or any other Guest caused directly or indirectly, in whole or in part, by any act or omission of the Guest or those for whom the Guest is responsible, whether willful or negligent, including but not limited to, theft or any other criminal act. The Guest shall further indemnify the Carrier and each and all of their agents or servants against all liability whatsoever arising from any personal injury, death or damage or loss whatsoever caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Guest or those for whom the Guest is responsible. The Guest shall furthermore be liable to and shall indemnify the Carrier and/or the Vessel for any fines or penalties imposed on the Vessel by the authorities for this failure to observe or comply with local requirements concerning immigration, repatriation, customs and excise taxes or any other government regulations whatsoever.
(l) Offensive Conduct Prohibited. Guest agrees not to engage in any lewd, lascivious, indecent, obscene, offensive, or outrageous behavior while on board the Vessel and specifically agrees that violation of this Section may result in confinement or disembarkation from the Vessel with no refund to the Guest and at Guest’s own expense for repatriation and travel. Furthermore, all Guests should ensure their clothing and accessories are respectful to fellow Guests. Specifically, items worn during the Cruise should not contain any message that may be considered offensive or contain nudity, profanity, sexual innuendo/suggestions. In addition, clothing/accessories should not promote negative ethnic or racial commentary, or hatred or violence in any form. Violation of this Section may result in Guest’s disembarkation with no refund of any unused Cruise Fare.
(m) Guest Safety and Conduct Policy. Consistent with our commitment to safety and policy against illegal conduct or disruptive behavior, any illegal activity or disruptive behavior will not be tolerated. Guest agrees to follow Carrier’s Guest Safety and Conduct Policy at all times. Any Guest whose conduct affects the comfort, enjoyment, safety, or well-being of other Guests or crew will be detained onboard and/or disembarked at their own expense and will be prohibited from sailing with Carrier in the future. Any violation of our “zero tolerance” policy or Guest Safety and Conduct Policy is a breach of this Contract, for which Guest agrees to pay Carrier liquidated damages of $500, to be charged to the Guest’s onboard account without further notice or consent, representing the reputational and goodwill damages and injury to Carrier for Guest’s violations. In addition, Guest or Guest’s estate agrees to defend and indemnify Carrier and the Vessel, their servants and agents against liability which Carrier or the Vessel or such servants or agents may incur towards any person, company, or government for any damage to property, personal injury, or death caused directly or indirectly, in whole or in part, by any illegal activity or disruptive behavior of Guest and those minors traveling with Guest.
(n) Curfew for Minors Unaccompanied by Adult in Travelling Party. Carrier may impose a curfew for minors by requiring Guests under 18 years of age to be clear of all public areas by 1:00 a.m. Vessel’s time unless they are accompanied by an adult in their traveling party, 21 years of age or older.
7. BAGGAGE, PROPERTY & LIMITATIONS OF LIABILITY
(a) Baggage Limits and Right to Search. Each Guest will be allowed two (2) pieces of Baggage free of charge. Any excess will be charged at the current rate for Baggage, payable before embarkation, subject to the right of the Carrier to limit the amount of such excess that may be carried. No tools of trade, household goods, jewelry, cash, precious or rare metals or stones, documents, negotiable instruments, valuables of any description or such articles specified in 46 U.S. Code Section 30503 shall be carried except under and subject to the terms of a special written contract entered into with the Carrier before embarkation upon application of the Guest. The Guest hereby warrants that no such articles are contained in any receptacle or container presented by him as a baggage hereunder, and if such articles are shipped by Guest as Baggage in breach of this warranty, no liability shall attach to the Carrier on account thereof as Carrier, bailee or in any other capacity. Carrier reserves the right to inspect all Baggage for the safety and security of the Vessel and deny any such Baggage it deems unreasonable or unsafe. The Vessel’s officers have the right to enter and search Guest’s stateroom and Baggage for any hazardous, controlled or prohibited substances or contraband. (b) Baggage Not to Contain Contraband; Indemnification. Guest further warrants that he or she has not carried onto the Vessel any goods or articles for purposes of trade or commerce, nor contraband, nor goods or articles which otherwise may violate the customs laws of the country from which the Vessel embarks or of any other port State visited by the Vessel during the course of the Voyage, and the GUEST AGREES TO INDEMNIFY THE CARRIER FOR ANY FINES, DUTIES, TAXES, OR OTHER PENALTIES THAT MAY BE INCURRED AS A RESULT OF ANY ITEM BROUGHT ONBOARD BY THE GUEST. (c) No Liability for Personal and/or Perishable Items. Carrier shall not be liable for any loss or theft of or damage to or disposition of cash, securities, negotiable instruments, jewelry, gold, silver or similar valuables or precious stones, works of art, perishable items, electronics, computers (whether handheld, laptop or other), DVD/Blu-ray players or digital or flash drive computer equipment, disks, memory cards or other electronic storage, handheld or similar devices, cellular telephones, cameras, video or audio tapes, CDs, binoculars, recreational and/or sporting equipment, dentures, dental hardware, cosmetics, electric hair appliances, liquids, luggage locks, eyewear (including eyeglasses, sunglasses and contact lenses), clothing, hearing aids, medications, medical equipment, wheelchairs, scooters, liquor or other alcoholic beverages, cigarettes, tobacco products or business or other documents under any circumstances, whether carried within Guest’s Baggage or otherwise. (d) Limitation of Liability Concerning the Value of Baggage. You agree that Carrier’s liability for loss or damage to Baggage is $300.00 per bag up to a maximum of two (2) bags per Guest and any liability of the Carrier for any cause whatsoever with respect to such Baggage shall not exceed that sum. (e) No Liability for Valuables. Please lock all luggage when not in your immediate possession. CARRIER SHALL NOT BE LIABLE FOR LOSS OF OR DAMAGE TO, JEWELRY, CASH, NEGOTIABLE INSTRUMENTS, SECURITIES, GOLD, SILVER, OR OTHER SIMILAR VALUABLES, PRECIOUS OR RARE METALS OR STONES, VALUABLES OR OBJECTS OF A RARE OR PRECIOUS NATURE, LIQUOR PARCELS, PHOTOGRAPHIC/ELECTRONIC EQUIPMENT, INCLUDING PHONES AND COMPUTERS, LIFESAVING MEDICATIONS/PRESCRIPTIONS, MEDICAL EQUIPMENT, COSMETIC BAGS/SMALL CARRY-ON LUGGAGE OR OTHER SIMILAR VALUABLE ITEMS CONTAINED IN THE GUEST’S BAGGAGE. Please do not place the above-mentioned items within your luggage. Carrier recommends that if these items are carried with the Guest when boarding or disembarking the Vessel, they should be carried with the Guest at all times. (f) Reporting Property Loss; Limitation of Liability. NO SUIT SHALL BE MAINTAINABLE AGAINST THE CARRIER UPON ANY CLAIM IN CONNECTION WITH THIS CONTRACT RELATING TO BAGGAGE OR ANY PROPERTY UNLESS LOSS OR DAMAGE TO BAGGAGE OR PROPERTY WHILE BOARDING OR DISEMBARKING IS REPORTED TO THE CARRIER'S PERSONNEL PRIOR TO LEAVING THE U.S. CUSTOMS AREA. GUEST MUST FILE AN IRREGULARITY REPORT PRIOR TO LEAVING THESE AREAS. CARRIER WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS WHICH IS NOT DULY REPORTED AS STATED ABOVE. IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST THE CARRIER CONCERNING BAGGAGE OR PROPERTY BE MAINTAINABLE UNLESS SUIT IS COMMENCED WITHIN SIX (6) MONTHS AFTER TERMINATION OF THE VOYAGE. (g) Carrier’s Right to Transfer Guest and Baggage. Guest consents and agrees that the Carrier has an absolute right to transfer Guest and/or his/her baggage to other carriers, whether by water, motor vehicle, rail or air, to or toward the ultimate destination for any reason whatsoever without liability to Carrier except that, in the event such substituted passage is for the convenience of the Carrier, it shall be at the Carrier’s cost. Otherwise, it shall be at the cost of the Guest. (h) Transporting and/or Transferring Guest and/or Guest’s Baggage. In making any arrangements for the care or transportation of any Guest or his/her baggage by any connecting or other carrier, railway, vessel, craft, transportation company, tramway, carriage, automobile, aircraft or otherwise than by Carrier's vessels or such tenders as are supplied at the sole expense of Carrier to embark or disembark guests in and from the same, or in making any arrangements for shore accommodations, amusement or entertainment for any Guest or for any other service or facility whatsoever for any Guest otherwise than aboard the Vessel or such tenders aforesaid, it is understood and agreed that Carrier is acting in the capacity of agent for the party or parties actually providing such care, transportation, accommodation, amusement, entertainment, service or facility aforesaid, and that the same are provided subject to the terms appearing in the tickets, vouchers, or notices for the time being in force of such party or parties or otherwise imposed by such party or parties. It is further understood and agreed that Carrier is not to be held liable for the act, neglect, default or omission of any party whomsoever concerning any events, matters or things whatsoever or whosesoever, elsewhere than aboard the Carrier's Vessels or such tenders as are supplied at the sole expense of Carrier for the purpose of embarking or disembarking guests in or from the Vessel. (i) No Liability for Property Loss. Unless negligent, Carrier is not responsible nor liable for any loss or damage to Guest's property on the Vessel. Liability for loss of or damage to Guest’s property in connection with any air or ground transportation shall be the sole responsibility of the provider of the service and in accordance with applicable limitations.
8. LIMITATIONS AND DISCLAIMERS OF LIABILITY
(a) No Warranties. THE CARRIER AND GUEST HEREBY AGREE THERE IS NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE FITNESS, SEAWORTHINESS, OR CONDITION OF THE VESSEL OR ANY PERSON ONBOARD, OR ANY FOOD, DRINK, MEDICINE, OR PROVISIONS SUPPLIED ONBOARD THE VESSEL. THE GUEST ACKNOWLEDGES THAT THE CARRIER IS NOT AN INSURER OF HIS OR HER SAFETY DURING THE COURSE OF THE VOYAGE, AND THE GUEST AGREES THAT THE CARRIER SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR ANY INCIDENT OR INJURY ARISING FROM EVENTS OCCURRING OUTSIDE OF THE GUEST AREAS OF THE VESSEL OR OUTSIDE OF THE VESSEL ITSELF, OUTBREAKS OF COMMUNICABLE DISEASE, INCLUDING BUT NOT LIMITED TO THOSE EVENTS OCCURRING ASHORE (INCLUDING SHORE EXCURSIONS), ON TENDERS NOT OWNED OR OPERATED BY THE CARRIER, ON OR RESULTING FROM EQUIPMENT NOT A PART OF THE VESSEL, OR UPON DOCKS AND/OR PIERS, OR INVOLVING PERSONS EMPLOYED ONBOARD THE VESSEL ACTING OUTSIDE THE COURSE AND SCOPE OF EMPLOYMENT. (b) No Damages for Emotional or Psychological Injuries. CARRIER DISCLAIMS ALL LIABILITY TO THE GUEST FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURIES OF ANY KIND NOT RESULTING FROM A PHYSICAL INJURY TO THAT GUEST, NOR FROM THAT GUEST HAVING BEEN AT RISK OF ACTUAL PHYSICAL INJURY, NOR INTENTIONALLY INFLICTED BY THE CARRIER. (c) Statutory Limitations of Liability. CARRIER AND THE VESSEL SHALL HAVE THE BENEFIT OF ANY STATUTORY LIMITATION OF LIABILITY OR EXONERATION OF LIABILITY AVAILABLE IN THE APPLICABLE FORUM, OR UNDER ANY APPLICABLE NATIONAL OR INTERNATIONAL LAW, INCLUDING, BUT NOT LIMITED TO, 46 U.S.C. §§ 30501 THROUGH 30509 AND 30511. (d) No Damages Relating to Guest’s Use of Sports, Fitness and/or Sauna Equipment. CARRIER SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES WHICH OCCUR WHILE PARTICIPATING IN ANY ATHLETIC OR RECREATIONAL ACTIVITIES ABOARD THE VESSEL OR ONSHORE AT ANY PORT OF CALL, INCLUDING, BUT NOT LIMITED TO, GUEST PARTICIPATION IN OR GUEST USAGE OF ANY GYMNASIUM, JOGGING, SWIMMING, DIVING, HEALTH CLUB AND SAUNA FACILITIES. BY USING SAID FACILITIES, THE GUEST AGREES TO ASSUME ALL RISKS, OF WHICH THE GUEST ACKNOWLEDGES THEY HAVE BEEN WARNED OF HEREIN, ARISING THEREFROM AND DOES HEREBY FULLY RELEASE AND DISCHARGE THE CARRIER FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF THE GUEST’S USE OR INTENDED USE OF SAID FACILITIES AND/OR ACTIVITIES. (e) Statutory Limitation of Liability for COVID-19 Illness and/or Injury. CARRIER ASSERTS AND HEREBY PLACES GUEST ON NOTICE OF ITS INTENT TO USE THE IMMUNITY FOR BUSINESS ENTITIES AGAINST LIABILITY FOR ANY COVID-19-RELATED CLAIM AS PROVIDED FOR IN FLORIDA STATUTES §§ 768.38 AND 768.381. (f) Limitation of Liability Concerning Guest Travelling with Minor. IF GUEST IS TRAVELING WITH HIS/HER NATURAL BORN OR ADOPTED MINOR CHILDREN, THE GUEST HEREBY AGREES AND STIPULATED TO THE APPOINTMENT, UPON BOARDING OF HIM/HERSELF AS THE LEGAL REPRESENTATIVE OF SUCH MINOR CHILDREN WITHIN THE MEANING OF 46 U.S.C. § 30508(d) UPON BOARDING. (g) Carrier’s Liability Limited by Applicable Law; No Warranties. Carrier's responsibility shall never exceed the usual amount of limitation of liability to which Carrier is entitled under the applicable law. No undertaking or warranty is given or shall be implied as to the seaworthiness, fitness, or condition of the Vessel or any food, drink, or medicine supplied onboard the Vessel. In no event shall Carrier be liable for any accident which occurs off the Vessel itself, including, but not limited to accidents occurring ashore, on tenders not owned by the Vessel or a part of the Vessel's equipment, or upon docks or piers. The exemption from liability herein contained shall extend to each of the employees, officers, agents, servants and all representatives of the Carrier.
9. JURISDICTION, VENUE, GOVERNING LAW, WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION RELIEF
(a) Jurisdiction, Venue and Jury Trial Waiver. IT IS HEREBY AGREED THAT ANY AND ALL CLAIMS, DISPUTES OR CONTROVERSIES WHATSOEVER ARISING FROM, RELATED TO, OR IN CONNECTION WITH THIS CONTRACT OR THE GUEST'S VOYAGE, INCLUDING ANY ACTIVITIES ON OR OFF THE VESSEL OR TRANSPORTATION FURNISHED THEREWITH, WITH THE SOLE EXCEPTION OF CLAIMS SUBJECT TO BINDING ARBITRATION UNDER SECTION 10(C) BELOW, SHALL BE COMMENCED, FILED AND LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA IN ORANGE COUNTY, OR AS TO THOSE LAWSUITS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT OF COMPETENT JURISDICTION IN ORANGE COUNTY, FLORIDA, U.S.A. TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTRY, CITY, OR COUNTY WHERE SUIT MIGHT OTHERWISE BE BROUGHT. GUEST HEREBY CONSENTS TO SUCH EXCLUSIVE JURISDICTION AND WAIVES ANY JURISDICTIONAL, VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE. IN THE EVENT THAT A MATTER IS BROUGHT IN THE FEDERAL COURTS OF THE UNITED STATES AND NO DIVERSITY JURISDICTION EXISTS, THEN THE MATTER MUST PROCEED UNDER THE COURT’S ADMIRALTY JURISDICTION AND GUEST MAY NOT BE ALLOWED A TRIAL BY JURY. IF A MATTER PROCEEDS UNDER THE COURT’S ADMIRALTY JURISDICTION, THEN CARRIER CONSENTS TO A TRIAL BY JURY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 39(C). GUEST ACKNOWLEDGES AND UNDERSTANDS THAT A FEDERAL COURT PRESIDING OVER THE MATTER UNDER ADMIRALTY JURISDICTION MAY NOT GRANT A JURY TRIAL DESPITE CARRIER AND GUEST’S REQUEST FOR A JURY TRIAL, AND IN SUCH EVENT, GUEST KNOWINGLY AND VOLUNTARILY WAIVES A JURY TRIAL. GUEST HEREBY CONSENTS TO SUCH EXCLUSIVE JURISDICTION AND WAIVES ANY JURISDICTIONAL, VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE. (b) Jurisdiction and Venue for Non-Injury Claims under $8,000. Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest, whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of, relating to, or connected with this Contract, the booking of the cruise, shore excursions, or Guest’s Cruise, no matter how described, pleaded or styled, between the Guest and Carrier, in which Guest or any other claimant asserts damages for less than $8,000 (excluding attorney fees, costs, and interest, which are not included to determine the amount at issue) must be litigated, if at all, before a small claims court located in Orange County, Florida, to the exclusion of the courts of any other county, state or country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be otherwise available. (c) Governing Law. EXCEPT AS OTHERWISE SPECIFIED HEREIN, ANY AND ALL DISPUTES WHATSOEVER ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS CONTRACT OR THE GUEST’S CRUISE, AS WELL AS THE INTERPRETATION, APPLICABILITY, AND ENFORCEMENT OF THIS CONTRACT SHALL BE GOVERNED EXCLUSIVELY BY THE GENERAL MARITIME LAW OF THE UNITED STATES, WHICH SHALL INCLUDE THE DEATH ON THE HIGH SEAS ACT (46 USCS § 30302) WITHOUT REGARD TO CHOICE OF LAW RULES, WHICH REPLACES, SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY STATE OR NATION TO THE CONTRARY. (d) Class Action Waiver. THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION AND SUPERSEDES ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION RELIEF WAIVER PRECLUDES GUEST FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM BROUGHT UNDER THIS CONTRACT OR IN CONNECTION WITH GUEST’S CRUISE. EVEN IF APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION. GUEST EXPRESSLY AGREES TO WAIVE AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE 10(c) BELOW, THE GUEST FURTHER AGREES AND ACKNOWLEDGES THAT THE CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. THE VALIDITY AND EFFECT OF THIS CLASS ACTION RELIEF WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW AND NOT BY AN ARBITRATOR. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN CLAUSE 10(c) BELOW, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION. GUEST AGREES THAT CARRIER CAN RECEIVE IMMEDIATE JUDICIAL ASSISTANCE TO ENFORCE THIS CLASS ACTION WAIVER.
10. NOTICE OF CLAIMS, TIME LIMITATIONS OF ACTIONS, COMMENCEMENT OF SUIT, AND ARBITRATION
(a) Notice of Claims and Time Limits for Commencement of Suit for Injury or Death. GUEST AGREES THAT NO SUIT, WHETHER BROUGHT IN REM OR IN PERSONAM, SHALL BE MAINTAINED AGAINST CARRIER FOR EMOTIONAL OR PHYSICAL INJURY, ILLNESS OR DEATH OF GUEST UNLESS WRITTEN NOTICE OF THE CLAIM, INCLUDING A COMPLETE FACTUAL ACCOUNT OF THE BASIS FOR SUCH CLAIM, IS DELIVERED TO CARRIER AT OPERATOR’S ADDRESS SET FORTH IN SECTION 26 BELOW WITHIN SIX (6) MONTHS FROM THE DATE OF SUCH INJURY, EVENT, ILLNESS OR DEATH GIVING RISE TO THE CLAIM. NO SUIT TO RECOVER ON ANY SUCH CLAIM SHALL BE MAINTAINABLE UNLESS FILED WITHIN ONE (1) YEAR AFTER THE DATE OF THE INJURY, EVENT, ILLNESS OR DEATH, AND SUIT IS COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DATE OF SUCH INJURY, ILLNESS OR DEATH AND PROCESS SERVED WITHIN 120 DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY. (b) Time Limits for All Other Legal Proceedings. CARRIER SHALL NOT BE LIABLE FOR ANY CLAIMS WHATSOEVER, OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF THE GUEST (AS DISCUSSED IN SECTION 10(A) ABOVE), UNLESS FULL PARTICULARS IN WRITING ARE GIVEN TO CARRIER AT THE ADDRESS PROVIDED IN SECTION 26 BELOW WITHIN THIRTY (30) DAYS AFTER GUEST’S CRUISE TERMINATES OR IN THE CASE THE VOYAGE IS ABANDONED, WITHIN THIRTY (30) DAYS THEREAFTER. LEGAL PROCEEDINGS TO RECOVER ON ANY CLAIM WHATSOEVER OTHER THAN FOR PERSONAL INJURY, ILLNESS, OR DEATH SHALL NOT BE MAINTAINABLE UNLESS COMMENCED (FILED) WITHIN SIX (6) MONTHS AFTER THE DATE GUEST’S CRUISE TERMINATES OR IN THE CASE THE VOYAGE IS ABANDONED, WITHIN SIX (6) MONTHS THEREAFTER, AND UNLESS SERVED UPON CARRIER WITHIN SIX (6) MONTHS AFTER COMMENCEMENT. GUEST EXPRESSLY WAIVES ALL OTHER POTENTIALLY APPLICABLE STATE OR FEDERAL LIMITATION PERIODS FOR CLAIMS WHICH INCLUDE, BUT ARE NOT LIMITED TO, ALLEGATIONS CONCERNING ANY AND ALL CIVIL RIGHTS, THE AMERICANS WITH DISABILITIES ACT (ADA), UNFAIR TRADE PRACTICES AND/OR ADVERTISING. (c) Arbitration for Non-Injury Claims Exceeding $8,000 in Claimed Damages. ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF A GUEST, WHETHER BROUGHT IN PERSONAM OR IN REM OR BASED ON CONTRACT, TORT, STATUTORY, CONSTITUTIONAL OR OTHER LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO ALLEGED VIOLATION OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY LAWS, OR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT, THE BOOKING OF THE CRUISE, INCLUDING BUT NOT LIMITED TO SHORE EXCURSIONS, OR GUEST’S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN THE GUEST AND CARRIER, IN WHICH GUEST OR ANY OTHER CLAIMANT ASSERTS DAMAGES FOR MORE THAN $8,000.00 (EXCLUDING ATTORNEY FEES, COSTS, AND INTEREST, WHICH ARE NOT INCLUDED TO DETERMINE THE AMOUNT AT ISSUE) SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE UNITED NATIONS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“THE CONVENTION”) AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) SOLELY IN ORANGE COUNTY, FLORIDA TO THE EXCLUSION OF ANY OTHER FORUM. GUEST HEREBY CONSENTS TO SUCH EXCLUSIVE JURISDICTION AND WAIVES ANY JURISDICTIONAL, VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ARBITRATION PROCEEDING IN ORANGE COUNTY, FLORIDA. THE ARBITRATION SHALL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND THE FEE SCHEDULE IN EFFECT AT THE TIME OF INITIATING THE PROCEEDING WITH NAM, WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. EACH PARTY SHALL BEAR THEIR OWN COSTS AND FEES ASSOCIATED WITH ANY SUCH FILING. IF YOU HAVE A QUESTION ABOUT THE ARBITRATION PROCESS OR TO OBTAIN A CURRENT COPY OF THE COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND/OR FEE SCHEDULE, YOU CAN CONTACT NAM AT: NATIONAL ARBITRATION AND MEDIATION, ATTENTION CLAIMS DEPARTMENT, 990 STEWART STREET, FIRST FLOOR, GARDEN CITY, NY 11530, TELEPHONE NUMBER (800) 358-2550. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL NOR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CARRIER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION UNDER THE CONVENTION OR FAA. GUEST AND CARRIER FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF THE GUEST ASSERTING THE CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. THE ARBITRATOR AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS CONTRACT INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THIS CONTRACT IS VOID OR VOIDABLE. IN THE EVENT THIS PROVISION IS DEEMED UNENFORCEABLE BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION FOR ANY REASON, THEN AND ONLY THEN THE PROVISIONS OF SECTION 9(A) ABOVE GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS SECTION. (d) In Rem Proceeding. IN THE EVENT OF AN IN REM PROCEEDING AGAINST THE VESSEL, GUEST HEREBY IRREVOCABLY AGREES THAT THE POSTING OF A LETTER OF UNDERTAKING FROM ANY OF CARRIER'S INSURERS SHALL CONSTITUTE AN ADEQUATE AND APPROPRIATE FORM OF SECURITY FOR THE IMMEDIATE RELEASE OF THE VESSEL IN LIEU OF ARREST.
11. INDEPENDENT CONTRACTORS
(a) Off-Vessel Activities and Transport. Guest recognizes and agrees that, if and when Carrier makes arrangements for Guest for air transportation, hotel accommodations, ground transfers, shore excursions, medical care and/or for other transportation, activities, services, facilities or amusements occurring off of the vessel, the Carrier does so solely for the convenience of the Guest, the Carrier does not act on behalf of or supervise the parties or persons who own, furnish, or operate such conveyances, services or facilities, and the same are provided by independent contractors who work directly for the Guest and Guest is subject to such terms, if any, appearing in the tickets, vouchers or notices of such party or parties. The Guest therefore agrees that the Carrier assumes no responsibility for, nor guarantees the performance of, any such person, party, contractor, service or facility, and that the Carrier shall not be liable for losses or injuries arising from the acts or omissions of such person, party, contractor, service or facility. Even if the Carrier shall be entitled to charge a fee and earn a profit for arranging such services, all such persons or entities shall be deemed to be independent contractors and not acting as agents or representatives of the Carrier. (b) Independent Contractors on the Vessel. The Guest recognizes that the persons providing personal services offered on the Vessel, including but not limited to, hairdressers, manicurists, personal trainers, and/or massage therapists are independent contractors who work directly for the Guest, and that the Carrier shall not be held liable for any loss or injury arising from the performance of such services. (c) Payment for Optional Services. Such parties or persons described in Sections 11(a) and 11(b), above, shall be entitled to charge for any service performed for or on behalf of the Guest and the cost of such service shall be the sole responsibility of the Guest. (d) Carrier’s Acceptance of Fee for Independent Contractor Services. Notwithstanding that the Carrier, at the Guest’s option, arranges for services, including but not limited to, air transportation, hotel accommodations, shore excursions and other services with independent suppliers of such services, the Guest understands and agrees that the Carrier earns a fee on the sale of such optional services. (e) Indemnity for Services Provided by Independent Contractors. Guest acknowledges and agrees that in the event the Carrier is found liable to pay damages to Guest based on the negligence or other wrongful conduct of any person or entity other than the Carrier, or is found liable to any other person or entity based on Guest’s conduct, whether by way of joint and several liability or otherwise, the Guest will indemnify and hold Carrier harmless for any and all such conduct and/or damages. This agreement to indemnify and hold the Carrier harmless shall specifically include, without limitation, all medical services provided on or off the vessel, as well as all shore excursions, transportation or other facilities or activities provided or furnished by any person or entity other than Carrier.
12. MEDICAL SERVICES AND FACILITIES.
(a) Medical Services. Guest recognizes and agrees that the Carrier is not in the business of providing medical services and/or operating medical facilities. If the Vessel provides a physician, or if the Vessel is required to request emergency or other medical care or evacuation for the Guest or on the Guest’s behalf (“Medical Services”), it is understood and agreed that the Carrier does so solely for the convenience of the Guest, that such Medical Services are provided by medical professionals who work directly for the Guest, and shall not be considered in any respect whatsoever, as the employee, servant or agent of the Carrier, and that the Carrier does not undertake to supervise, nor does it supervise or direct the actions of the person(s) providing such Medical Services. Guest thus agrees that the Carrier cannot guarantee the performance of such Medical Services, and that the Carrier shall not be liable for losses or injuries incurred or arising from said services. (b) Payment for Medical Services; Guest Indemnification of Carrier. Persons or entities providing Medical Services shall be entitled to charge for any service performed for or on behalf of the Guest, and the cost of such Medical Services shall be the sole responsibility of the Guest. The Guest hereby agrees to reimburse and indemnify the Carrier for any funds advanced on account of any such charges.
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13. CARRIER’S RIGHT TO INCREASE FARES, INCREASE OR ESTABLISH CHARGES FOR GOODS AND SERVICES, CANCEL OR CHANGE VOYAGE, AND PERFORM CONSTRUCTION OR REPAIRS
(a) Right to Increase and/or Correct Fares. Subject to applicable laws, Carrier reserves the right to increase published fares without prior notice. However, fully paid or deposited Guests will be protected, except for fares listed, quoted, advertised or booked in error, fuel supplements, taxes, fees and port expenses, other surcharges and changes to deposit, payment and cancellation terms/conditions, which are subject to change without notice. In the event that a cruise fare listed, quoted or advertised through any website, Carrier’s sales person, Travel Agent or any other source is booked but is incorrect due to an electronic error, typographical error, human error or any other error causing the fare to be listed, quoted or advertised for an amount not intended by Carrier, Carrier reserves the right to correct the erroneous fare by requesting Guest to pay the correct Cruise Fare intended, or by canceling the Cruise in exchange for a full refund, but in no event shall Carrier be obligated to honor any such booking resulting from the error or otherwise be liable in such circumstances. (b) Promotional Fares. Carrier reserves the right to offer promotional cruise fares that require a minimum occupancy requirement per cabin. When the booked Cruise Fare is contingent on a minimum occupancy requirement per cabin, cancellation by one or more Guests in a cabin may cause an adjustment to the remaining Guests booked Cruise Fare based on the prevailing and available rate at the time of the cancellation (“Recalculated Fare”). Final payment in full of the Recalculated Fares for all remaining Guests in a cabin is due by 11:59:59 p.m. EST on the eve before the start of the cancellation penalty period. Failure to make timely final payment in full of the Recalculated Fares by all remaining Guests in a cabin will result in automatic cancellation of the reservation for the entire cabin. (c) Right to Cancel. Carrier has the right without previous notice to cancel this Contract at the port of embarkation or any time during the Voyage if the Vessel experiences a mechanical failure or for any other reason and shall thereupon return to Guest, if the Contract is completely canceled, his Cruise Fare, or, if the Contract is partially canceled, a proportionate part thereof. Under such circumstances, Carrier shall have no further liability for damages or compensation of any kind. (d) Right to Change Duration of Cruise and Itinerary. Carrier may change the duration and/or itinerary of the Cruise at any time. The Vessel shall be entitled to leave and enter ports with or without pilots or tugs, to tow and assist other vessels in any circumstances, to return to or enter any port at the Master’s discretion and for any purpose, and to deviate in any direction or for any purpose from the direct or usual course, and to omit or change any or all port calls, arrival or departure times, with or without notice, for any reason whatsoever, including but not limited to health and safety, security, adverse weather, hurricanes, tornadoes, strikes, tides, hostilities, civil unrest, port closings, emergency debarkations of Guests or crew, late air, sea, car or motor coach departures or arrivals, mechanical breakdowns, declared pandemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies, US or foreign governmental advisories or travel warnings, all such deviations being considered as forming part of and included in the proposed Voyage. Except as provided in Section 12(c) with respect to mechanical failures, Section 5(e) for COVID-19, as provided in Carrier’s change of itinerary policy in effect when the Guest or Guest’s agent accepts the terms of this Contract, or as required by federal regulations, Carrier shall have no liability for any compensation or other damages in such circumstances for any change in itinerary, ports of call, ports of embarkation and debarkation, and/or duration of the Cruise (including a longer than planned duration of the Cruise due to port closings) (Carrier’s change of itinerary policy can be found at Carrier's Website). (e) Right to Cancel or Terminate Cruise. Except as provided in Section 12(c) with respect to mechanical failures, Section 5(e) for COVID-19, or as required by federal regulations, if the performance of the proposed Voyage is hindered or prevented (or in the opinion of Carrier or the Master is likely to be hindered or prevented) by war, hostilities, blockage, ice, labor conflicts, adverse weather conditions, strikes on board or ashore, Rulers or People (including but not limited to orders by governmental agencies restricting travel due to declared pandemics, epidemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies) seizure under legal process, breakdown of the Vessel, congestion, docking difficulties or any other cause whatsoever or if Carrier or the Master considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the port of Guest’s destination may expose the Vessel to risk or loss or damage or be likely to delay her, the Guest and his Baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call, at which time the responsibility of Carrier shall cease and this Contract shall be deemed to have been fully performed, or if Guest has not embarked, Carrier may cancel the proposed Voyage without liability to refund passage money or Cruise Fares paid in advance. (f) Compliance with Government Orders. Carrier and the Master shall have liberty to comply with any orders, recommendations or directions whatsoever given by the Government or Department of any nation or by any person acting or purporting to act with the authority of such Government or Department or by any Committee or person having under the terms of the War Risks Insurance on the Vessel the right to give such orders, recommendations or directions, and if by reason of, and in compliance with any such orders, recommendations or directions anything is done or is not done the same shall not be deemed a deviation or a breach of this Contract. Disembarkation of any Guest or discharge of Baggage in accordance with such orders, recommendations or directions shall constitute due and proper fulfillment of the obligation of Carrier under this Contract. (g) Right to Impose or Increase Charges and Eliminate Goods and Services. Guest agrees and acknowledges that Carrier may, at any time and without notice, impose charges for, increase charges for and/or eliminate goods and services, other than what is included in your Cruise Fare, without liability to Guest. These additional charges are exclusive of your Cruise Fare. The goods and services offered or available during the Cruise, may differ from goods and services previously offered or available on prior cruises and/or what was advertised on Carrier’s Website, commercials, in other printed media, and/or in prior verbal discussions. (h) Right to Perform Maintenance, Repairs and Vessel Upgrades. Carrier reserves the right to periodically perform routine maintenance and housekeeping procedures, repairs to the Vessel, including public areas and staterooms, and/or perform construction on the Vessel to alter, amend or remove any appurtenance, amenity or facility on the Vessel (“Maintenance and Construction”). Guest acknowledges that such Maintenance and Construction may occur during the Cruise in both public spaces and staterooms and agrees that Carrier shall not be liable to Guest for a refund of any portion of the Cruise Fare, full, partial or otherwise, nor shall Guest have any legal or equitable cause of action relating thereto.
14. SPECIAL NEEDS; FITNESS TO TRAVEL; GUESTS UNDER 18; MINORS; PREGNANCY
(a) Nature of Voyage and Limitations of Onboard Medical Care. Guest admits a full understanding of the character of the Voyage and the Vessel and assumes all risks incident to travel and transportation and handling of Guests and cargo. While at sea or in port the availability of medical care may be limited or delayed. Guest acknowledges that all or part of their Voyage may be in areas where medical care and evacuation may not be available. Guest agrees to indemnify and reimburse Carrier in the event Carrier elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith. Guests who embark in violation of the Contract terms assume all associated risks and agree to indemnify and reimburse Carrier for all resulting losses, costs and expenses, including without limitation those related to the Vessel’s deviation from its scheduled route, and other expenses attributable to disembarkation of such Guests. Guests are further advised to refer to Sections 5 and 6 which specify their responsibilities and obligations in these situations. (b) Fitness to Travel. Guest warrants that Guest and Guest’s travelling party are physically and emotionally fit to travel at the time of embarkation, and further warrants that such Guests have no medical or emotional condition that would endanger any Guest or crewmembers or result in a deviation of the voyage. All Guests are strongly encouraged to contact their treating physician to discuss their health concerns, before travelling. Carrier reserves the right to terminate a Guest’s Cruise at any time, at the risk and expense of the Guest disembarked, when in the opinion of Carrier, Guest is considered to be a danger to himself or a disturbance or danger to others. (c) Special Needs. Any condition of Guest that may require an accommodation or special request or need of any kind should be reported to Carrier by Guest when a reservation is requested so that Carrier has sufficient time to determine whether the accommodation or special request or need can be met on the Vessel and, if so, to allow sufficient time to arrange Guest’s accommodation, special attention or need. Guest acknowledges that if Carrier is not notified of Guest’s accommodation in sufficient time to arrange for the accommodation, special attention or need, Guest may not be able to be accommodated. Guests with special needs are advised that certain international safety requirements, shipbuilding requirements, and/or applicable regulations may cause difficulty for persons with mobility-impairments or persons with severely impaired sight and/or hearing. Guests requiring the use of a wheelchair must provide their own as any wheelchairs available on the Vessel are for emergency use only. For the convenience and comfort of such Guest, you are strongly encouraged to bring a collapsible wheelchair. Guest acknowledges that standard cabins are not designed to be barrier free and wheelchair accessible. (d) Service Animals. Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Any service animal must be under the control of its handler at all times. Guest will be responsible for obtaining all required documentation for service dogs to depart the Vessel in ports of call. These documents must be carried on the Vessel, and a copy left with Guest Relations Desk once onboard. Guest is solely responsible for obtaining all required permits and costs related to the permits. Guests should notify Carrier, no less than fourteen (14) days prior to the Cruise, of the Guest’s intention to bring a service dog and agrees to accept full responsibility for any expense, damage, losses, or injuries associated with or caused by such animal. (e) Pregnancy. The Guest agrees not to present herself for boarding under any circumstances if, by the time the Guest will conclude her travel with the Carrier, she will have entered the 24th week of pregnancy. Application for passage from an expectant mother must be accompanied by a medical certificate establishing her fitness for travel. (f) Infants. The Guest further understands and agrees that infants sailing onboard the Vessel must be at least six (6) months of age at time of sailing. (g) Limited Medical Care. Guest acknowledges that medical care while on a vessel may be limited or delayed and that the Vessel may travel to destinations where medical care is unavailable. Guest further acknowledges that there may be circumstances beyond Carrier’s control which may prevent or delay a medical evacuation or disembarkation. (h) Safety. Guest assumes responsibility for his/her own safety and Carrier cannot guarantee Guest’s safety at any time. The United States Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations regularly issue advisories and warnings to travelers and Carrier strongly recommends Guest obtain and consider such information when making travel decisions. Carrier assumes no responsibility for gathering such information. (i) Refusal of Passage, Quarantine and Confinement. Guest recognizes and agrees that the Carrier reserves the right, without incurring liability of any kind, to refuse or revoke passage to, disembark, or confine to a stateroom, any Guest who violates the terms of this Contract or, in the sole judgment of the Carrier or Vessel’s medical personnel, and based upon an individualized assessment is in such physical or mental condition to be unfit for travel, may require medical treatment and attention beyond which is available aboard the Vessel, or may be refused admission into a port of landing or into the country of destination, or may be suffering from a contagious disease, or for any other cause may endanger themselves or others, or become obnoxious to others. Any Guest who is refused passage or otherwise denied any advertised benefit or service under this Section shall not be entitled to receive any compensation whatsoever and shall become liable for any resulting expenses incurred by the Carrier.
15. VESSEL AND VOYAGE
(a) Acceptance of Risks. Guest admits and acknowledges that travel by ocean-going vessel occasionally presents risks and circumstances beyond the ability of the Carrier to reasonably control or mitigate. Guest admits a full understanding of the nature and character of the Vessel and assumes all risks of travel, transportation and handling of Guests and Baggage. Except as otherwise provided herein, Guest assumes the risk of and agrees that the Carrier shall not be liable for (a) injury, death, or delay of or to the Guest or (b) loss, damage or delay to the Guest’s Baggage, effects or property arising from, caused, or in the judgment of the Carrier rendered necessary or advisable by reason of any act of God or public enemies, arrest, restraints of governments or their departments or under color of law, piracy, war, revolution, extortion, hijacking, bombing, threatened or actual rebellion, insurrection, civil strife, fire, explosion, collision, stranding, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, lack of water or passageway in channels or canals, theft, accident to or from machinery, boilers or latent defects even though existing at embarkation or commencement of voyages, barratry, desertion or revolt of crew, seizure of vessel by legal process, strike, lockout or any labor disturbances whatsoever, whether or not such strike, lockout or labor disturbances result from a dispute between the Carrier and its employees or between other parties, whether or not of like or of similar character to the foregoing. Under any such circumstances the Voyage maybe altered, shortened, lengthened, or cancelled in whole or in part without any liability to the Carrier for a refund or otherwise. (b) Substitution or Refund. If the Vessel is prevented for any reason whatsoever, including fault of Carrier, from sailing on or about the scheduled or advertised day, Carrier shall have full liberty to substitute any other vessel whether owned, chartered or operated by it and to re-berth Guests thereon, or at Carrier's option to make refund of Cruise Fare paid or a pro-rated portion thereof, without any further liability for damages or losses of any kind whatsoever. (c) Change of Itinerary. Carrier shall have full liberty to proceed without pilots and tow and to assist vessels in all situations, to deviate from the direct or customary course in the interest of Guests or of the Vessel, or to save life or property; to put in at any unscheduled or unadvertised port; to omit or delay landing at any scheduled or advertised port; to put back to port of embarkation or to any port previously visited if Carrier shall deem prudent, all without incurring any liability to the Guest on account thereof.
16. GUEST’S TRAVEL AGENT
Guest agrees that any travel agent used by Guest in connection with the booking and/or purchase of the Cruise or issuance of this Contract is, for all purposes, solely Guest's agent and not Carrier’s agent. Carrier shall not be liable for any representation, insolvency, or other conduct by the Travel Agent, including but not limited to such agent’s failure to remit any portion of the Cruise Fare to the Carrier, or any refund to the Guest. Guest remains liable for the cost of the Ticket and Carrier is not responsible for the financial condition and integrity of any travel agent or other paying agent. Guest agrees that receipt of any refunds or notices by the Guest’s Travel Agent, including this Contract, shall constitute receipt by Guest. In the event that a travel agent shall fail to remit to Carrier any monies paid to the agent by Guest, Guest shall be and remain liable for the fare due to Carrier, regardless of whether liability is asserted before or after embarkation. Issuance and validity of the Ticket is conditional upon final payment being received by Carrier prior to sailing. Any refund made by Carrier to an agent on behalf of Guest shall be deemed payment to Guest, regardless of whether the monies are delivered by the agent to Guest. Receipt of this Ticket, any other documentation or notification pertaining to the Cruise by Guest’s Travel Agent shall constitute receipt by Guest.
17. CONTACT INFORMATION AND RELEASE
Guest agrees that contact information, including but not limited to any email address, telephone number, or mailing address provided to Carrier during the booking or pre-cruise process by, or on behalf of, Guest (“Contact Information”) may be used by Carrier as the Contact Information for the Guest, whether or not the Contact Information in fact includes Guest’s individual email address, telephone number, or mailing address. Guest consents to, and agrees, that Carrier may use the Contact Information to give any notice or information arising out of, relating to, or in connection with Guest’s reservation, booking, or Contract and that Carrier’s sending of any notice or information by use of the provided Contact Information shall constitute notice to Guest. Guest further consents to and agrees that Carrier may communicate with any person contacting Carrier from any provided Contact Information concerning Guest’s reservation, booking or Contract. GUEST HEREBY RELEASES AND FOREVER DISCHARGES CARRIER, AND CARRIER’S EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND CONTRACTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTIONS OR SUITS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH: (1) CARRIER’S USE OF THE CONTACT INFORMATION TO PROVIDE NOTICES OR INFORMATION TO GUEST, OR; (2) CARRIER’S COMMUNICATING WITH ANY PERSON CONTACTING CARRIER FROM THE CONTACT INFORMATION CONCERNING GUEST’S RESERVATION, BOOKING, OR CONTRACT.
18. USE OF GUEST'S LIKENESS
(a) Exclusive Right to Use Guest’s Likeness. Carrier has the exclusive right to include photographic, video and other visual portrayals of Guest in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without Guest’s consent and/or compensation to Guest, and all rights, title and interest therein (including all copyrights therein) shall be Carrier's sole property, free from any claims by Guest or any person deriving any rights or interest from Guest. Guest’s consent extends to minors and other persons in the care and charge of Guest. (b) Limits on Commercial Use of Portrayals Taken Aboard the Vessel. Guest agrees that any recording (whether audio, video or otherwise) or photograph of Guest, other guests, crew or third parties aboard the Vessel or depicting the Vessel, its design, equipment or otherwise, shall not be used for any commercial purpose, in any media broadcast or for any other financial gain personal or otherwise, without the express written consent of the Carrier. The Carrier shall be entitled to take any legal and reasonable measures including but not limited to injunctive relief, to enforce this Section.
19. GUEST CANCELLATIONS AND REFUNDS
(a) Deposits. Deposits may be accepted for certain fare programs at the time of booking and all such deposits are subject to the terms of this Section 19. Additionally, change fees will apply to all bookings for which deposits have been accepted.
(b) No Shows, Denials of Boarding, Unused Tickets, Lost or Partially Used Tickets, Auto-Cancellations, Early Disembarkation, and Late Cancellations. Guests must arrive at the port of embarkation with all required travel documents per Section 4(a)-(b) above and at their designated boarding time. Except as expressly provided by this Section, no refunds will be made in the event of “no shows,” denials of boarding, unused tickets, lost tickets, partially used tickets, auto-cancellations, early disembarkation or cancellations received late or after the first day of the Cruise for any reason, including pursuant to any provision of this Contract. Carrier shall have no obligation to issue a refund or compensation of any kind for any of the foregoing and shall have no liability arising out of, relating to, or in connection with same whatsoever except as set forth in Section 5(d)-(e) above or as provided in any of section of this Contract or applicable law.
(c) Reinstatement Fee for Cruise Cancelled by Guest, Re-Booking, No Shows, and Denials of Boarding. Except pursuant to Section 5(e) and (f) above, all Guests who wish to determine their eligibility for a one-time reinstatement of their Cruise must call Customer Service within 24-hours of the Guest’s cancellation, re-booking, no-show or denial of boarding at 888-646-2641, which will depend on eligibility, availability and the payment of a $150 fee per cabin plus taxes per stateroom (“Reinstatement Fee”). If eligible for reinstatement and Guest rebooks a stateroom at a higher fare, Guest agrees to pay the fare difference. No Reinstatement Fee applies if Carrier cancels a cruise for any reason, but Guests must pay the fare difference if the reinstatement is at a higher cruise fare. A reinstated sailing is not transferable and is subject to a 100% cancellation penalty if Guest does not sail or disembarks the Cruise early for any reason whatsoever.
(d) Administrative Fee for Sailing Date Changes. A $25 fee (regardless of the number of cabins) plus fare difference (if the rate for the modified Cruise is higher for the rescheduled date of the Cruise) will be applied to Guest’s Cruise Fare for all sailing date changes made 31-days or more prior to the first day of sailing. Changing or rescheduling a sailing date within 30-days or less shall constitute a cancellation.
(e) Groups and Promotions. Group Guest policies may differ, and payment and cancellation charges may differ by promotion. Guest should refer to his/her Travel Agent, group booking agreement or promotion for specific terms and conditions. Cancellation charges for individual bookings will be assessed as set forth in this section of this Contract.
(f) Cancellation by Guest. Cancellation charges for reservations and bookings cancelled by the Guest will be assessed as set forth below. See also Cancellation Fees and Refunds on our website, which are subject to change. Guests whose embarkation is denied under Section 4(h) above (related to background checks and conduct) are also subject to the cancellation schedule below as are Guests who have made bookings as part of the same travelling party as a Guest who is denied embarkation under Section 4(h) above. Cruise reservations or bookings that are cancelled by the Guest prior to the first day of the Cruise are subject to a cancellation fee except as otherwise provided herein in Section 5(e) and (f) (relating to Guest illness due to a public health concerns) or as otherwise provided herein or by applicable by law. Cancellation charges are subject to change without notice. Guests who have made reservations for multiple occupancy cabins (for example for three, four, or five persons) are subject to the cancellation charges and schedule below for the entire cabin reservation, even if Guest does not cancel his or her individual reservation and even if the names of all persons to be in the same cabin as Guest are not provided at the time of booking. The amount of the cancellation fee shall be determined as set forth below and shall vary depending how far in advance of the sail date the Carrier receives notice of the cancellation. Guest agrees that any losses sustained by Carrier in the event of cancellation would be very difficult or impossible to quantify, and the cancellation fees are fair and reasonable as liquidated damages.
If a Cruise reservation or booking is cancelled, any applicable taxes and fees shall be refunded. Cancellation notices are effective when received by the Carrier. If Carrier received payment via credit card and a refund is owed, the refund will be made to that credit card. If Carrier received payment from the Guest’s travel agent and a refund is owed, the refund will be provided back to that travel agent. Carrier reserves the right to offer promotional Cruise Fares or other offers that may modify the cancellation policies set forth above. Refer to the terms and conditions of the promotion for cancellation fees and refunds.
(g) Fees For Adding or Substituting Guests. There is no fee when a new guest is added to an existing booking. Fees added to the Cruise Fare for substituting a guest on Guest’s booking are as follows: (1) $50 per person for substituting a Guest more than 48 Hours prior to sailing, and (2) $100 per person for substituting a Guest less than 48 hours prior to sailing. Substitutions are allowed at the sole discretion of Carrier and substituting all Guests on a reservation constitutes a cancellation subject to Carrier’s cancellation policy.
(h) Cancellation Due to Non-Payment (Auto Cancellations). For bookings that are not paid in full in advance of the periods identified below, then the bookings will be subject to automatic cancellation with no refunds provided for either 50% total fare paid or the full standard deposit amount (whichever is greater):
- Closed-Loop Sailings and Cruise and Stay Vacations. Final payment is due 60 days prior to the first day of sailing. Bookings not paid in full 60 days in advance of sailing will forfeit existing payments made and applied to the Booking, which shall not be refunded.
- Groups. Final payment is due according to the terms in the applicable group proposal. Bookings not paid in full according to the proposal will forfeit existing payments made and applied to the Booking, which shall not be refunded.
(i) GOVX and VCS Bookings. Carrier will not charge any change fees for Guests who are modifying their sailing due to deployment. For Guests who are modifying their sailing for other reasons, the following fees apply. In the event of deployment, the Carrier may require proof of official military orders.
Sailing Modification
- More than 60 days prior to first day of sailing: $0.00 Per Booking
- 59 - 8 days prior to first day of sailing: $50.00 Per Booking (fare difference when/where applicable)
- Less than 7 days prior to first day sailing is not permitted and will constitute a cancellation
Guest Modification
- Adding a Guest: No Charge
- Changing a Guest more than 48 Hours prior to first day sailing: $50.00 Per Booking
- Changing a Guest less than 48 Hours prior to first day of sailing: $100.00 Per Person
(j) Cancelations or Delays of Cruises by Carrier. If Carrier cancels or delays any Cruise embarking from a U.S. port for 3 or more calendar days and Guest does not elect to sail on an alternate Cruise or chooses not to travel on a delayed Cruise, then Guest is entitled to a refund of the Cruise Fare and pre-paid charges for accommodations, services and facilities (including port fees, taxes and other ancillary charges paid to Carrier in relation to Guest’s Cruise) for the cancelled or delayed cruise. See Nonperformance of Cruise: Refund Policy and Instructions .
(k) Refunds Policies are not Applicable to Any Chartered Sailings. Please note this Section 19 does not apply to Guests booked on chartered sailings. If Guests were booked on a chartered sailing that was canceled, delayed or any portion of the charter Cruise otherwise failed to occur for any reason, and Guest wishes to inquire about refunds or future credits, Guest acknowledges and agrees that the Guest must contact the third-party reseller that sold the Guest the charter Cruise and Guest, shall receive no refund or compensation from Carrier, and Carrier shall have no liability to Guest arising out of, relating to, or in connection with same whatsoever.
20. USE OF GUEST’S CONTACT INFORMATION.
Guest agrees that any email address, telephone number, or mailing address provided to Carrier during the booking or pre-cruise process by or on behalf of such Guest (“Guest Contact Information”) may be used by Carrier as the email address, telephone number, or mailing address for such Guest, whether or not the Guest Contact Information in fact includes Guest’s individual email address, telephone number, or mailing address. Guest consents to and agrees that Carrier may use the Guest Contact Information to give any notice or information relating to Guest’s reservation, booking, or Contract and that Carrier’s communication of any notice or information by use of the Guest Contact Information shall constitute notice to Guest. Guest further consents to and agrees that Carrier may communicate with any person contacting Carrier from any Guest Contact Information concerning Guest’s reservation, booking, or Contract. GUEST HEREBY RELEASES AND FOREVER DISCHARGES CARRIER, AND CARRIER’S EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND CONTRACTORS, FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTIONS OR SUITS ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO (i) CARRIER’S USE OF THE GUEST CONTACT INFORMATION TO PROVIDE NOTICES OR INFORMATION TO GUEST, OR; (ii) CARRIER’S COMMUNICATIONS WITH ANY PERSON WHO CONTACTS CARRIER FROM ANY COMMUNICATION METHOD PROVIDED BY THE GUEST AS THE GUEST’S CONTACT INFORMATION CONCERNING GUEST’S RESERVATION, BOOKING, OR CONTRACT.
21. SURVEILLANCE, RECORDINGS, AND PERSONAL DATA
(a) Surveillance . Carrier may use surveillance onboard the Vessel for, among other things, facilitate and expedite Guest’s embarkation and/or debarkation and for health and safety purposes. Guest acknowledges and agrees that such devices may record videos and images of the Guest that may be stored and used as deemed necessary by Carrier to comply with the law, regulations, governmental requests or orders, or any legal investigation or claims process. (b) Recording of Calls to and from Carrier. Guest understands, acknowledges and agrees that calls made to and from Carrier may be recorded for the purposes of training and monitoring services provided by Carrier and in resolving disputes between Guest and Carrier. (c) Guest’s Personal Data. The Guest’s personal data provided to Carrier through Guest’s interactions with Carrier or its affiliates, or through Carrier’s Public Health Policies and Procedures, including COVID-19 (set forth in Section 5 above and on Carrier’s Website) will be processed consistent with Carrier’s privacy policy, which is available on the Carrier’s Website or may be obtained by writing to the address given in Section 26 below. Guest agrees that Carrier may (1) keep Guest’s personal and sensitive data, (2) use it in its business worldwide according to its published privacy policy, (3) share it with its affiliated or related companies, and (4) subject such personal data to processing worldwide. Guest agrees that any personal or sensitive data provided to Carrier in the European Economic Area may be used, processed and transferred worldwide including to the U.S. (d) Disclosure of Personal Data . Guest agrees that Carrier may disclose personal or sensitive data to unaffiliated third parties (1) with the Guest’s consent or authorization, (2) to help complete a transaction for the Guest, (3) to comply with law, applicable regulations, governmental and quasi-governmental requests, orders or legal process, or Carrier’s Public Health Policies and Procedures (set forth in Section 5 above and on Carrier’s Website), (4) to enforce this Contract or other agreements or protect the rights, safety or property of Carrier or others, (5) as part of a purchase, sale, or transfer of assets or Carrier’s business, (6) to Carrier’s agents or service providers to perform functions on its behalf, or (7) as otherwise described in Carrier’s published privacy policy, as amended from time to time.
22. GUEST’S OBLIGATIONS FOR CERTAIN EXPENSES.
(a) Guest’s Onboard Account May be Charged. Carrier hereby reserves the right to charge Guest’s credit and/or debit card on file and Guest agrees to be charged if Carrier incurs any expense or damage sustained as delineated in, but not limited to, Sections 4-7, 14-15, and 23 and this Section except as expressly set forth herein or as provided by law. (b) Guest May Be Charged if Guest Disembarks the Vessel. Except as expressly set forth herein or as provided by law, if Guest is denied boarding, confined to any area of the Vessel, or disembarked from the Vessel pursuant to any term or condition of this Contract, including but not limited to Sections 4-7, 14-15, and 23, Guest agrees that: (i) Carrier will not be liable for any refund of Cruise Fare, other compensation or any damages whatsoever; (ii) disembarkation and repatriation to the embarkation port or any other destination will be at Guest’s sole expense; and, (iii) to indemnify Carrier and Carrier may charge Guest’s onboard charge account for any and all expenses incurred by Carrier arising out of, concerning and/or relating to Guest’s disembarkation and/or repatriation.
23. GUEST'S REIMBURSEMENT FOR FINES, EXPENSES, DEBTS AND DAMAGES
(a) Guest’s Reimbursement of Fines. The Guest shall be liable to and shall reimburse Carrier for any fines or penalties imposed on Carrier by any government, governmental agency or official, port or port official, or for expenses or losses caused or incurred for Guest’s negligent or intentional act or omission or Guest’s failure to observe or comply with local requirements concerning immigration, border patrol, customs and excise, agriculture, health, environment or any other government regulation whatsoever, including Guest’s failure to board the Vessel prior to the scheduled departure time at any port, and the Guest shall be liable for any and all losses and fines caused by their actions concerning illegal dumping or pollution of any kind, including discharge of any item into the ocean and/or waterways. For Guests who embark the Vessel in violation of the Contract terms, any/all resulting damages, losses, costs, expenses, credits, refunds and related claims, including without limitation those related to a deviation of the Vessel to disembark such Guests, shall be the sole responsibility of the Guest. (b) Guest Liability to Reimburse Carrier for Misconduct. The Guest or Guest’s estate shall be liable to and shall reimburse Carrier for all deviation expenses (including loss of revenue), fines or penalties, damages to the Vessel, its furnishings, operations or equipment, or any property of Carrier caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or any minors traveling with the Guest, including discharge and release of any unauthorized item overboard, without the express permission of the Vessel’s staff. The Guest or Guest’s estate shall defend and indemnify Carrier and the Vessel, their servants and agents against liability which Carrier or the Vessel or such servants or agents may incur towards any person, company or Government for any damage to property, personal injury or death caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or minors traveling with Guest. (c) Lien on Guest Property. Carrier and the Vessel shall have a lien upon all Baggage, valuables, money and other property whatsoever accompanying the Guest and the right to sell the same by public auction or otherwise for all sums whatsoever due from the Guest under this Contract and for the costs and expenses of enforcing such lien and such sale.
24. SUPPLEMENTAL CHARGES
Carrier reserves the right to impose a supplemental charge relating to unanticipated occurrences, including but not limited to, increases in the price of fuel. Any such supplements may apply at Carrier’s sole discretion, to both existing and new bookings (whether the booking has been paid in full or not). Such supplements are not included in the Cruise Fare.
25. SEVERABILITY
Should any provision of this Contract be contrary to or invalid by virtue of the law of any jurisdiction in which this contract is attempted to be enforced, or for any other reason, said provision is deemed to be severed from this contract and shall be of no effect, but all remaining provisions herein shall remain in full force and effect.
26. WRITTEN NOTICES
Except as otherwise expressly noted in this Contract, all written notices required by this Contract must be mailed to:
MARGARITAVILLE AT SEA
ATTN: Legal Department
420 South Orange Avenue
Orlando, Florida 32801
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What You Need to Know - Costs of a Cruise Ship Ticket (2024)
W ith all of the new cruise ships (and even some cruise lines!) over the past two years, you may be considering a cruise. Taking a cruise can be an effective and affordable way to see multiple destinations – you will travel to different ports of call as you stay in one room with no need to unpack.
However, many travelers are worried about the costs of a cruise ship ticket. They may seem to be expensive. Luckily, many cruise lines and sailings are very affordable. Because most (but definitely not all) of the costs are included, they can be an easy thing to budget for as well.
So, how much does a cruise ship ticket cost? This post will help you understand cruise prices on some of the most popular, mainstream cruise lines, as well as what affects the price of a cruise. There are also some optional add-ons that can add to the expense (as well as the fun!). For instance, a Virgin Voyages cruise fare includes WiFi, gratuities, and dining at any of the specialty restaurants at no additional cost.
Typically, the base cruise fare includes things like your stateroom, meals (in the buffet, main dining room, and other included venues), government taxes, port fees, and most activities on board the ship.
Note that we are only looking at mainstream lines, not luxury cruise lines. Prices and inclusions are always subject to change.
How Much Does a Cruise Ship Ticket Cost?
What affects the price of a cruise.
There are so many factors that go into the price of a cruise. First, you’ll want to decide which cruise line you want to sail on. There are many benefits to each line If you don’t have one in mind, you should do some research in advance to find out what activities, amenities, itineraries, and general atmosphere are on the cruise lines you are considering.
The cruise line that you sail on is probably the biggest driver of cost. Some are most expensive than others. However, the inclusions may be different, so look at the add-ons in addition to the base cost to really get a good idea of what you’ll be spending.
The itinerary that you are sailing on is another major price driver. This includes the ports of call that you’ll be visiting and the number of days of your sailing. In general, if you want to save some money on your cruise vacation, one easy option is to decrease the length of the cruise.
The type of stateroom that you choose will also affect the price. Expect to pay more for suites and balcony staterooms. The most cost-effective option of the cabin types is typically an interior stateroom.
Some cruise lines may offer you the opportunity to bid on a higher-level stateroom. It can be a great way to try for a suite or other concierge room that may have otherwise been out of your price range. To maximize your chances of getting the bid accepted, however, you’ll want to follow the cruise line’s recommendations. That won’t necessarily give you the best deal though.
Another option to save money on your stateroom is to book a GTY stateroom (guaranteed). In this case, you’ll book your room without knowing the exact category or location. You are guaranteed a minimum category and can save money with this option.
Add-ons To Your Cruise Price
It’s also important to understand what things can add to the cost of your sailing. Some of these are entirely optional, while others really aren’t. Be sure to have an idea of these costs so you can budget for them accurately.
Travel Insurance
Travel insurance is optional, but it is a good idea, especially for an expensive trip. This is an extra charge, and you can usually either purchase it on your own or through your cruise line. Check around for coverages and don’t just automatically go for the lowest price. Often, the cruise insurance won’t include coverage for flights purchased on your own.
Port Transportation
Whether you are driving or flying, you’ll either need to park at the port or get there somehow. Some cruise lines will offer an option airport shuttle to the cruise port, but you’ll typically have to pay extra. In some cases, this will be the cheapest option, but that’s not always the case. Regardless of what you choose, you’ll need to include this cost in your vacation budget
Drinks packages or individual alcoholic drinks
Alcoholic beverages are not included with the cost of your cruise unless you’ve purchased an unlimited beverage package. Some cruise lines, like Disney Cruise Line, include soda, but others charge extra for some non-alcoholic drinks. It’s up to you to decide whether a package is worth it but plan on spending some money for drinks if you plan to have any soft drinks, specialty coffees, or alcohol during your cruise.
Not all cruise lines offer unlimited beverage packages. Disney offers a beer or wine package, and Virgin Voyages offers a “bar tab”. Regardless, these can be the best deal if you will take advantage of them.
Shore excursions
Every port of call will have some fun shore excursions that you can consider booking. Cruise lines offer these, or some guests choose to book them independently. Just remember that if you book on your own, it’s entirely your responsibility to make sure you get back to the ship on time.
Shore excursions vary in price, depending on the activity. Some, like a helicopter ride, can be quite expensive, while others, like sightseeing tours, are more affordable. European and Alaskan excursions can be costly, so you’ll want to research before booking so you aren’t surprised.
Spa treatments
Spa services on a cruise ship can be a wonderful splurge and luxury. These are not included in the cost of your cruise ship ticket, so if you do plan to visit the onboard spa or salon, be sure to understand the costs before committing.
Specialty restaurants
While most of the main dining rooms on cruise ships offer excellent food and service, sometimes it’s nice to visit some of the specialty restaurants on board. These often come with an upcharge, although they are complimentary on Virgin Voyages where there is no main dining room. Some cruise lines may have a package where you can prepurchase from one to unlimited signature dining.
Gratuities are typically an additional charge on top of your cruise fare. Usually, you’ll tip individually when purchasing beverages or for room service. Then, you can leave a bigger tip for your server team and stateroom host.
Some cruise lines allow you to prepay your gratuities, which can definitely make things easier to budget. You can always add on at the end for excellent service. Virgin Voyages includes gratuities in the total price, so you don’t have to worry about them unless you’d like to add on.
Cruising can be a great way to unplug and relax. However, sometimes you do need internet access to stay in touch with the real world. While WiFi at sea isn’t always great, it definitely has improved over the years. You can sometimes purchase a full cruise package and a daily package, which is a great option if you don’t need it for the entire sailing.
Sample Prices:
Wondering about sample prices? These are just some examples of current prices of sailings on some popular newer ships and established cruise ships. Keep in mind that these prices are always subject to change, so this information is just informational. We looked at September 2024 dates for this analysis, for one balcony room with two guests:
Carnival Cruise Line:
- 4-Day The Bahamas from Miami, FL on the Carnival Conquest – $1,181
- 6-Day Eastern Caribbean from Miami, FL on the Carnival Magic – $1,625
Virgin Voyages:
- 5-Day Mayan Sol from Miami, FL on the Valient Lady – $2,128 (inclusive of tips)
Disney Cruise Line:
- 4-Night Bahamian Cruise from Port Canaveral, FL on the Disney Wish – $3,091
Royal Caribbean International
- 4 Night Bahamas & Perfect Day Cruise from Miami, FL on the Allure of the Seas – $1,304
- 7 Night Eastern Caribbean & Perfect Day from Port Canaveral on the Icon of the Seas – $5,741
Celebrity Cruises
- 6 Night Bimini, Grand Cayman & Mexico from Fort Lauderdale, FL on the Celebrity Beyond – $2,248
Considering a family cruise? Check out our guide to family cruising , with posts about popular cruise terminals, cruise ships, and cruise lines, as well as tips for cruising.
The post What You Need to Know – Costs of a Cruise Ship Ticket (2024) appeared first on Family Travel Magazine .
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JD Vance's Marine Corps Service Would Set Him Apart from Most Vice Presidents
![Republican vice presidential candidate JD Vance, R-Ohio, waves during the Republican National Convention Monday, July 15, 2024, in Milwaukee. (AP Photo/Paul Sancya) Republican vice presidential candidate JD Vance](https://images02.military.com/sites/default/files/styles/full/public/2024-07/ApNewsroom_Election_2024_RNC_52196.jpg?itok=7Fl7yMsI)
Republican presidential nominee Donald Trump on Monday selected Ohio Sen. JD Vance -- a Marine veteran, author and once-critic of the former president -- as his running mate for the 2024 election.
Vance, 39, is the first post-9/11 veteran to find a spot on a major party ticket and, if elected, would likely be the first Marine veteran to serve as the second-in-command, a Military.com analysis of vice presidential biographies found. He is the first veteran on a major party ticket since John McCain in 2008.
Of the 49 vice presidents in U.S. history , less than half had some sort of military experience. Examples included service in militias, the National Guard , the U.S. Navy and Army . Military.com could not find any evidence that any vice president served in the Marine Corps .
Read Next: Lawyers for Pvt. Travis King, Soldier Who Ran into North Korea, Are in Plea Negotiations Ahead of Hearing
In a statement Monday, the CEO of the Iraq and Afghanistan Veterans of America, Allison Jaslow, supported the former president's decision in selecting Vance.
"The post-9/11 generation of veterans is ascendant in America today," Jaslow said. "We applaud former President Trump for choosing a post-9/11 veteran to join him in his candidacy to be commander in chief again, and notably, someone who served in the enlisted ranks and is representative of the average veteran."
The ascension by veterans of recent conflicts is part of a larger historical trend when it comes to the top offices of the country, Dr. Lindsay Chervinsky, the executive director of the George Washington Presidential Library, told Military.com on Tuesday.
"With the presidency, we often talk about how, after each major conflict, there's often a generation of presidents or presidential candidates that have served in that conflict," she said. She cited examples such as Dwight D. Eisenhower, the 34th president and commander of allied forces during World War II.
According to Military.com's analysis and Chervinsky, this proved mostly true for the vice presidency, in which nearly two dozen officials elected to that office had some sort of military experience, spread over many American conflicts. Examples range from Richard Nixon's Navy service during World War II to Aaron Burr's service in the Continental Army at the outbreak of the American Revolution.
"I saw that with the vice presidents with World War II, the War of 1812 and the Vietnam War, but interestingly, not as much with the Civil War, which I thought was an interesting sort of aberration," Chervinsky said.
Vance, having served in Iraq, would represent another notch in that historical trend, joined by other Global War on Terror veterans elected to public office such as Reps. Dan Crenshaw, R-Texas, and Jason Crow, D-Colo.
Chervinsky said that her confidence was "pretty high" that Vance would indeed be the first Marine VP if elected. Definitively answering that question is difficult, however. Vice presidents don't often rise to household names when viewed in the lens of history, and in many cases their military service is not remembered as publicly as others.
Saint Louis University professor Joel K. Goldstein, one of the foremost scholars of the vice presidency, told Military.com he could not confirm whether Vance would be the first Marine if elected to the position, partly because the topic is so niche and partly because he had never researched it.
Both Chervinsky and Goldstein said that military experience has long been a boon for political candidates, in part because it demonstrates public service and certain skills expected of service, and represents a small but significant portion of the U.S. population. In some cases, it can draw increased scrutiny into candidates' backgrounds.
Historically, vice presidents are not chosen based on "their capacity to be a good leader, but rather because they offer some other type of characteristic," Chervinsky said. "For a long time, it was some sort of geographic balance to the president ... or a way to bring in an important state or an important constituency to try and boost the ticket's electoral prospects."
In an opinion column for The Washington Post, conservative commentator Hugh Hewitt argued that Trump's pick of Vance was an appeal to veterans. A Military Times poll during the 2020 presidential race showed that older veterans supported Trump, while younger veterans backed President Joe Biden.
Trump didn't serve in the military and avoided the Vietnam War with deferments, according to The Associated Press, as did Biden . "So in a sense, Vance's service is a balance against President Trump's record," Goldstein said.
Vance enlisted in the Corps as a combat correspondent, or 4341 military occupational specialty, according to his service record, which was provided to Military.com by the service on Monday. He served for four years, from 2003 to 2007.
During that time, he deployed to Iraq for six months. The last enlisted vice president was Al Gore, who similarly deployed to Vietnam for six months as an Army correspondent. Vance earned the Marine Corps Good Conduct Medal, Navy and Marine Corps Achievement Medal, Iraq Campaign Medal, Sea Service Deployment Ribbon, and some conventional honors awarded during the Global War on Terror.
In his 2016 book "Hillbilly Elegy: A Memoir of a Family and Culture in Crisis," which recounted his childhood in working-class Ohio, Vance said that his "final two years in the Marines flew by and were largely uneventful," though he recalled two instances during his service that changed him.
One was meeting with local Iraqis during his deployment , which he said helped change his perspective on gratitude. The other was more of a "constant," he wrote -- about the mindset he learned while in the Corps where he reflected on climbing obstacles, buying cars as a young enlisted Marine without locking in to a 21% loan interest rate, and his role as a combat correspondent.
"The Marine Corps demanded that I think strategically about these decisions, and then it taught me how to do so," he wrote. "When I joined the Marine Corps, I did so in part because I wasn't ready for adulthood. I didn't know how to balance a checkbook, much less how to complete the financial aid forms for college. Now I knew exactly what I wanted out of my life and how to get there."
Vance went on to attend Ohio State University and Yale Law School before working as a venture capitalist. His book "Hillbilly Elegy" was a national bestseller, though some Appalachians criticized it as stereotyping. At that time, Vance considered himself a "Never-Trump," referring to the former president as "reprehensible," " cultural heroin " and privately questioning whether he was "America's Hitler."
Vance, now considered a populist conservative, was elected into the Senate to represent Ohio in 2022 with no prior political experience and has since become one of Trump's closest allies. Trump selected Vance as his running mate just two days after a 20-year-old from Pennsylvania fired multiple shots at the former president on Saturday, shaking the country with a targeted act of political violence.
Since his election to the Senate, Vance has opposed foreign aid to Ukraine as it continues fighting against Russia's invasion, which began the same year he was elected into office. In April, he used the Iraq War as a historical example against intervention.
"I believed the propaganda of the George W. Bush administration that we needed to invade Iraq, that it was a war for freedom and democracy, that those who were appeasing Saddam Hussein were inviting a broader regional conflict," he said on the Senate floor. "I served my country honorably, and I saw when I went to Iraq that I had been lied to, that the promises of the foreign policy establishment of this country were a complete joke."
Related: Trump Picks Sen. JD Vance of Ohio, a Once-Fierce Critic Turned Loyal Ally, as His GOP Running Mate
Drew F. Lawrence
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Cruises are more expensive than ever. But a deal isn't impossible — if you have restraint
- Cheap cruises are increasingly difficult to find as cruise lines raise prices.
- Operators are also increasingly outfitting their ships with pay-to-play amenities.
- The combination of higher fares and increased onboard spending is making budget cruises a relic of the past.
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In the next few years, you could turn to the youth and say, "When I was your age, budget cruises were still a thing."
Cruise giants Carnival Corp and Royal Caribbean Group are having a windfall year, with both companies reporting sky-high onboard spending , prices, and demand in their second-quarter 2024 earnings report.
It's a sign that the vacation-at-sea industry is doing better than ever. But this news might not be so welcome if you're a fan of cheap cruises .
Budget cruises are so 2022
Cheap cruise aggregator Cruise Sheet shows fewer than 630 itineraries listed at $100 or less a day from July through December.
Not bad, right? Well, let's go back in time.
The year was 2022. Cruise lines were just beginning to reactivate their fleets after a tumultuous pause in operations amid the COVID-19 pandemic (remember that?).
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To entice travelers back, these companies started releasing a flurry of heavily discounted itineraries .
From July 2022 through the end of that year, there were about 2,000 sailings for under $100 a day , Tynan Smith, the founder of Cruise Sheet, told Business Insider at the time — a stark contrast to today's limited options.
That's not to say ultra-affordable cruises don't exist anymore
A handful of 2024 itineraries from more premium cruise lines like Princess, Celebrity, and Holland America are still being sold at an inexpensive rate of $80 a day or less. You can also try smaller companies like Margaritaville at Sea , the cheapest of which runs at $25 a night (although it won't be of the aforementioned companies' quality or caliber).
For the most part, if you want to pay that little but don't want to hunt for a deal, you're better off sticking with Carnival Cruise Line.
The popular company has about 155 sailings for under $80 a day through 2024, mostly on older ships, according to Cruise Sheet's website . That's more than Royal Caribbean, Celebrity, Norwegian, Princess, and Holland America combined.
Success — looks like you just found yourself some pretty affordable itineraries!
Just be sure to temper your spending once onboard. Otherwise, your $80-a-day vacation could quickly become $160 a day.
Your budget vacation might not be so budget-friendly once onboard
Cruises are often lauded as an economical vacation choice compared to hotels and flights.
But budget accordingly if you want drinks, excursions, fancier restaurants, WiFi, or even some onboard attractions — they'll all have fees on mass-market cruise lines like Carnival and Royal Caribbean ships.
Take Carnival Conquest, for example. The 22-year-old vessel is scheduled for many of the cruise line's cheapest-per-day itineraries this year.
The ship has seven complimentary dining venues and five with fees — the latter not including upcharges for lobsters and steaks at the otherwise free dining room.
And while its mini-golf course, shows, and waterslide are free, you'll have to pay extra for the arcade games or to participate in the "Build-A-Bear Workshop at Sea" or "Deal or No Deal" programs.
The same goes for WiFi, a necessity for travelers who want to live-post vacation snaps on their Instagram stories.
Thankfully, Carnival Corp just finished outfitting its ships with Starlink this year — which Josh Weinstein, president and CEO of Carnival Corp, called "another revenue uplift opportunity" in a call with analysts in late June.
The cruise line's drinks package alone starts at $70.74 per person and day. A dinner at its steakhouse adds another $50 for that day, while WiFi for social media websites starts at $15.30 daily.
And before you know it, if you don't have restraint, your ultra-inexpensive cruise could quickly double in cost — all while you're still stuck in an inside cabin .
With all these opportunities to spend big, it's no wonder both Carnival Corp and Royal Caribbean Group have reported a spike in onboard spending in the first two quarters of 2024 compared to the same period last year.
So, yes, it's still possible to find an ultra-cheap cruise. Just get ready to hunt for it or go with Carnival — and monitor your spending on the ship , or else all your efforts will be for nothing.
Watch: Inside the world's biggest cruise ship that just set sail
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Mike McCarthy on final year of his contract, Will this impact the Cowboys? | The Herd
Dallas cowboys hc mike mccarthy is on the last year of his contract, and colin cowherd and former cowboys hc jimmy johnson ask if this will impact his performance this season..
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Drake Maye shows promise with rush TD in Patriots 14-13 loss vs. Eagles l The Herd
After matthew judon, justin simmons moves, time to bet on the falcons again l the herd, rodgers, caleb williams, russell wilson highlight colin's top 5 most interesting qbs l the herd, urban meyer on chip kelly’s potential impact on ohio state | the herd, usmnt expected to hire mauricio pochettino as new manager l the herd, falcons acquire lb matthew judon from patriots in exchange for 2025 third-round pick l the herd, how the cowboys are a bottom-five offense without wr ceedee lamb l the herd, should aaron rodgers regret leaving the packers for the jets | the herd, j.j. mccarthy out for the season with torn meniscus in right knee l the herd, stubhub report says 42 percent growth in cfb ticket sales l the herd.
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Speed-demon owner of ‘hamas truck’ that’s terrorizing jewish nyc neighborhood uses fake plates to avoid tickets: records.
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The owner of pickup truck whose menacing antisemitic exterior horrified Williamsburg residents is owned by a speed-demon scofflaw brazenly using fake plates to avoid tickets, records show.
The souped-up Ford-150 was slammed with 51 traffic summonses from October 2020 to May 2 – including being caught on camera 18 times speeding in school zones and four times running red lights, according to a Post analysis of city records.
The vehicle’s owner – identified as Jose Littef, 21, by his half-brother – was slapped with $3,622 in fines and late fees for the summonses and currently owes $551.94 – including $226.94 on three speed cam summonses in default judgment racking up additional fees.
The black truck’s disturbing exterior includes images of bullet holes, splattered blood and bloodstained handprints – which some might see as a symbol of the infamous Ramallah lynching of 2000, where two Israeli reservists were savagely killed by a murderous mob.
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Since The Post broke the news about the truck two weeks ago , residents said they have not seen it return to the neighborhood.
But for months, the truck illegally parked near the corner of North 4 th Street and Bedford Avenue in the heart of the hipster haven and Jewish neighborhood, displaying no registration and inspection stickers and sporting a fake “ghost” plate reading “OH GAZA.”
The Post was only able to review the truck’s violation record after a whistleblower too afraid to give her name provided a photo of the truck taken in April, when it still had legit plates issued in Pennsylvania.
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Littef and half-brother Anas Arman, 34, operate The Original Caribbean King food truck on the same corner. Both are of Palestinian descent, according to Arman.
Littef could not be reached for comment, but he and Arman previously claimed the “OH GAZA” plate was legally issued.
Williamsburg resident Michael Safir, who calls the vehicle “Hamas Truck,” said authorities should be doing a better job cracking down on ghost plates.
“If a jacked up F-150 covered in fake blood and bullet holes is getting away with no plates or registration, it makes you wonder just how many ‘normal’ cars are doing the same thing,” Safir said.
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Why is Tom Cruise at the 2024 Paris Olympics closing ceremony? Action star will reportedly do 'epic stunt'
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The 2024 Paris Olympics will end Sunday with an extravagant exclamation point.
After 17 days of intense, high-stakes competition between the best athletes in the world in their respective sports, the closing ceremony will mark the conclusion of the Games and start the long, occasionally excruciating four-year wait for the Olympics to return.
Unlike the opening ceremony , which took place along the Seine River, the closing ceremony will more closely resemble its predecessors, with many of the nearly 11,000 athletes representing 206 national delegations walking joyously into the Stade de France, where track and field events have taken place over much of the past two weeks.
REQUIRED READING: Follow USA TODAY's coverage of the 2024 Paris Olympics
The famous faces inside the 80,000-seat venue won’t be limited to the likes of Simone Biles , LeBron James and Katie Ledecky.
2024 Paris Olympics: Follow USA TODAY’s coverage of the biggest names and stories of the Games.
Among the famous faces there will be Tom Cruise , who will be more than just a spectator as the Olympics draw to a close.
Why, exactly, is he there?
Here’s what you need to know about Cruise’s appearance at the closing ceremony of the 2024 Paris Olympics, as well as how to watch the event:
2024 PARIS OLYMPICS: Meet the members of Team USA competing at the 2024 Paris Olympics
Why is Tom Cruise at the closing ceremony of the 2024 Paris Olympics?
Cruise, of course, was not among those competing in the Olympics. Beyond his age — 62 years old, well past his athletic prime for the overwhelming majority of Olympic sports — the American actor stands at just 5-foot-7 and has famously unorthodox running form .
He has been spotted in the crowd at various Olympic events, including gymnastics and swimming in the first week of the Games and, more recently, the United States women’s soccer team’s 1-0 victory against Brazil in the gold medal match Saturday.
His most notable contribution to the Olympics will come right as they’re ending.
At Sunday’s closing ceremony, Cruise or a stunt double will reportedly rappel down from the top of Stade de France and land on the stadium’s file while carrying the Olympic flag. According to TMZ , NBC’s broadcast of the closing ceremony will then transition to a previously recorded video of the actor flying from Paris to Los Angeles, where he skydives from a plane down to the Hollywood sign.
The skydiving video was filmed in March, according to TMZ, which released photos of Cruise climbing the Hollywood sign. Though he was shown on the iconic sign, there was no photographic or video evidence of Cruise skydiving.
TMZ’s report noted that Cruise had actually approached the International Olympic Committee (IOC) himself and proposed doing a series of stunts during the closing ceremony.
While Cruise’s inclusion in the festivities may seem random, it serves a purpose beyond a gratuitous cameo for a movie star.
Cruise will be at the center of the ceremonial transition from the Paris Games to the 2028 Los Angeles Olympics. At past closing ceremonies, the Olympic flag has been handed over to members of the delegation from the host city of the next Summer Olympics host. Among those at the closing ceremony from Los Angeles will be the city’s mayor, Karen Bass, who will be presented the flag from Paris mayor Anne Hidalgo. It will mark the first time a Black female mayor has received the flag, Bass’ office told Reuters .
Though there’s the looming possibility a stunt double will go in Cruise’s place, the actor has been famous throughout his career, even in the later stages of it, for performing his own stunts. During the filming of the 2023 movie “Mission: Impossible — Dead Reckoning Part One,” Cruise rode a motorcycle off a cliff and parachuted down to safety. Years ago, he also learned how to fly a helicopter so he could pilot the aircraft during certain scenes for the “Mission: Impossible” franchise.
This won’t be the first time Cruise has been involved in some form with an Olympic tradition. In 2004, he helped carry the Olympic torch through Los Angeles as the torch made its way across the world en route to its final destination in Athens, the site of that year’s Games.
When is the closing ceremony of the 2024 Paris Olympics?
- Date : Sunday, August 11
- Time : 3 p.m. ET
The closing ceremony of the 2024 Paris Olympics will air live Sunday at 3 p.m. ET. A replay of it will be shown at 7 p.m. ET.
What channel is the closing ceremony of the 2024 Paris Olympics?
- TV channel : NBC
- Streaming : NBCOlympics.com | NBC Olympics app | Peacock | Fubo (free trial)
The closing ceremony of the 2024 Paris Olympics will air on NBC, which will be the network home for both the live broadcast and the replay later that day. Streaming options for the closing ceremony include NBCOlympics.com, the NBC Olympics app, Peacock and Fubo , the last of which offers a free trial to potential subscribers.
We occasionally recommend interesting products and services. If you make a purchase by clicking one of the links, we may earn an affiliate fee. USA TODAY Network newsrooms operate independently, and this doesn’t influence our coverage.
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IMAGES
COMMENTS
In consideration of the receipt of the total cruise price and/or boarding and lodging on the vessel to which this Ticket Contract applies (the "Vessel"), Carnival Cruise Line ("Carnival") and Guest agree that the booking of the cruise and the cruise are subject to the following terms and conditions: 1. DEFINITIONS AND SCOPE OF CONTRACT.
What is the Cruise Ticket Contract? A For more information, please go to the Guest Terms and Conditions page to review the Cruise Ticket Contract or Booking Conditions applicable to your Cruise or Cruisetour.
INTRODUCTION: This Cruise/CruiseTour Ticket Contract (the 'Ticket Contract') describes the terms and conditions that will apply to the relationship between the Passenger (as defined in Section 2.f below) and the Carrier (as defined in Section 2.b below) for the Vessel with respect to the Cruise or CruiseTour covered by this Agreement.
The sample Cruise/Cruisetour Ticket Contracts below are for North America residents sailing on or after December 1, 2020. Guests who are booked on a charter sailing will receive the appropriate Cruise/Cruisetour Resale Ticket Contract in online check-in or in Guest Documents.
Ti. ket Contract. shall prevail. 2. DEFINITIONS:"Agreement" means the terms and conditions set forth in this Ticket Contract together with the Cruise or CruiseTour Fare. ue for Your Cruise or CruiseTour. Together, the items described in the preceding sentence shall constitute an agreement between Passenger and Oper.
THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY CARNIVAL CRUISE LINE TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW. ... Guests who embark in violation of the Ticket Contract terms assume all associated risks and agree to indemnify and reimburse Carnival for all resulting losses, costs and ...
The sample Cruise/Cruisetour Ticket Contracts below are for North America residents sailing on or after December 1, 2020. Guests who are booked on a charter sailing will receive the appropriate Cruise/Cruisetour Resale Ticket Contract in online check-in or in Guest Documents.
Cruise Ticket Contract . Carnival Cruise Line Cruise Ticket Contract . Carnival Cruise Line Australia Cruise Ticket Contract . Was this answer helpful? Yes No. ANSWERS OTHERS FOUND HELPFUL. I need to cancel my booking, is there a penalty? Pregnancy Policy ; Online Check-In FAQs ; What is the Best Length of Time for a Cruise? ...
IMPORTANT NOTICE TO GUESTS: Your cruise ticket contract or booking conditions, and the terms and conditions for the purchase of any products, services, shore excursions, or other activities related to your cruise, contain important limitations on the rights of passengers, including provisions relating to limitation of liability, forum selection, governing law, and the use of alternative ...
Most contract documents inform passengers that cruise lines have no liability for lost (or stolen) medication, money, jewelry, electronics and other valuables if those items are packed in luggage that's left in the care of a porter and, subsequently, the cruise line. 8. The cruise line or captain can boot you or confine you to your cabin.
This agreement, called the Cruise Line Ticket Contract, outlines the terms and conditions that govern the cruise service. It covers essential information such as the cruise line's liability ...
date, your accommodations, the date of issuance of this Passenger Ticket Contract, your Cruise Fare and all scheduled ports, including embarkation and final destination are as specified on the invoice and itinerary issued as part of this Passenger Ticket Contract. 4. CRUISE FARE. Upon receipt of payment by you of the Cruise Fare, we agree to ...
1. (a) "Passenger" includes all persons traveling under this ticket and their heirs and representatives. "Passenger" shall include the plural and the use of the masculine shall include the feminine. (b) "Carrier" means the cruise line operator named in Article 20 of this Cruise Ticket Contract, all Vessels, Royal
Cruise Contracts | Contracts, Terms and Safety | Help Center | Disney Cruise Line. For assistance with your Disney Cruise, please call (800) 951-3532. Monday through Friday, 8:00 AM to 10:00 PM Eastern time; Saturday and Sunday, 9:00 AM to 8:00 PM Eastern time. Guests under 18 years of age must have parent or guardian permission to call.
The Cruise Contract shall be deemed to be an undertaking and acknowledgement by Guest, on behalf of himself and all other persons traveling under this Cruise Contract, and his and their heirs and representatives, that he and they accept and agree to all the terms and conditions herein. (a) The word "Guest" means all passengers (adult, minor or ...
1. INTRODUCTION: This Cruise/CruiseTour Ticket Contract (the 'Ticket Contract') describes the terms and conditions that will apply to the relationship between the Passenger (as defined in Section 2.f below) and the Carrier (as defined in Section 2.b below) for the Vessel with respect to the Cruise or CruiseTour covered by this Agreement.
IMPORTANT NOTICE TO GUESTS: Your Cruise Ticket Contract/Booking Conditions and the Global Purchase Terms and Conditions contain important limitations on the legal rights and obligations of passengers, as well as conditions, limitations, and exclusions that may apply to you. It is important that you read them carefully before your cruise.
cruise ticket contract ticket contract. june 2024. important notice to guests this document is a legally binding contract issued by margaritaville at sea® to, and accepted by, guest subject to the important terms and conditions below. this contract contains important limitations on the rights of guests.
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INTRODUCTION: This Cruise/CruiseTour Ticket Contract (the 'Ticket Contract') describes the terms and conditions that will apply to the relationship between the Passenger (as defi ned in Section 2.f below) and the Carrier (as defi ned in Section 2.b below) for the Vessel with respect to the Cruise or CruiseTour covered by this Agreement.
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Q. What is the Cruise Ticket Contract? A. For more information regarding your cruise ticket contract, please reference the PDF file below. Booking Terms & Conditions. Still need help? Contact Us.
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1. INTRODUCTION: This Cruise/CruiseTour Ticket Contract (the "Ticket Contract") describes the terms and conditions that will apply to the relationship between the Passenger (as defined in Section 2.f below) and the Carrier (as defined in Section 2.b below of the Vessel with respect to the Cruise or CruiseTour covered by this Agreement.