Cruise Terms and Conditions
IMPORTANT NOTICE: GUESTS ARE ADVISED TO CAREFULLY READ AND REVIEW THE TERMS AND CONDITIONS OF THE GUEST TICKET CONTRACT SET FORTH BELOW WHICH AFFECT YOUR LEGAL RIGHTS AND ARE BINDING. THE GUEST’S ATTENTION IS SPECIFICALLY DIRECTED TO SECTION 6 (LIMITATIONS AND DISCLAIMERS OF LIABILITY), SECTION 8 (LIABILITY LIMITATION FOR BAGGAGE AND VALUABLES), SECTION 11 (TIME LIMITATIONS FOR ACTIONS, MANDATORY ARBITRATION FOR CERTAIN CLAIMS AND WAIVER OF CLASS ACTIONS) AND SECTION 15 (VENUE AND GOVERNING LAW).
GUESTS ARE ALSO ADVISED TO CAREFULLY READ AND REVIEW SECTION 4.
ACCEPTANCE OR USE OF THIS CONTRACT SHALL CONSTITUTE THE AGREEMENT OF GUEST TO THESE TERMS AND CONDITIONS.
- Definitions: This Contract is between the Charterer and the Guest. The “Guest” is each person who uses the ticket for passage on the voyage described in the ticket, and includes any accompanying minors, and any of their heirs, successors, assigns or representatives. The word “Charterer” shall mean Ultimate Disco Cruise 2025, LLC (“UDC25”) and shall include its parents, subsidiaries, affiliates, agents, assigns, as well as the vessel upon which the voyage was booked or any vessel substituted in its place, including the master and crew of the vessel(s) for Guest’s voyage. The “Cruise” shall mean the Ultimate Disco Cruise sailing February 19-24, 2025.
- The Contract: The Guest agrees that this Contract governs the relationship between the Guest and the Charterer, 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. The Guest agrees that, except as expressly provided herein, this Contract constitutes the entire agreement between the Guest and Charterer, 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 Charterer's brochures, advertisements, and other promotional materials, by Charterer’s or by third persons such as travel agents. No person other than the person(s) named in the Ticket Contract can use the Ticket Contract without the express written agreement of the Charterer. This Contract is only valid for the cruise specified in the accompanying ticket. The terms herein shall be binding upon payment of the cruise fare by the Guest and Guest accepts and agrees to the terms upon boarding even if no payment of the cruise fare has been made. The rights, defenses, immunities and limitations of liability set forth herein shall inure to the benefit of the Charterer and 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.
- Terms of Fare:
- Liability: Ultimate Disco Cruise 25, LLC its affiliates, parent companies, employees, shareholders, officers, and directors (collectively “UDC25”) does not own or operate any entity which is to or does provide goods or services for your trip, including, for example, lodging facilities, transportation companies, local ground operators, guides, sightseeing companies, entertainment, food or drink service providers, equipment suppliers, etc. As a result, UDC25 is not responsible for any negligent or willful act or failure to act of any person or entity. In addition, UDC25 is not responsible for any negligent or willful act or failure to act of any person or entity it does not own or control, nor for any act or inaction of any other third party not under its control. By booking a cabin you expressly agree to be bound by and accept the UDC25 Terms and Conditions.
- Payment Plans: UDC25 has payment plans available to you for the Cruise. By selecting a payment plan, you authorize us to charge your Payment Method as selected without additional notice to you. You expressly agree not to dispute any credit card charges associated with this trip.
Cancellation Policy:
- Initial Deposit: Upon booking the Cruise, Guest shall be charged a deposit of $600 per person (Suites) and $300 per person (Staterooms) (“Initial Deposit”). In the event UDC25 elects to cancel the Cruise, the Initial Deposit shall be fully refundable, and Guest will be refunded the Initial Deposit within 45 days of cancellation by UDC25. UDC25 shall notify Guests by November 20, 2023, if the Cruise is cancelled. In the event UDC does not cancel the Cruise by November 20, 2023, the Initial Deposit shall become non-refundable and governed in accordance with Section 3(e)(2) below. For the sake of clarity, the Initial Deposit ONLY becomes refundable if UDC25 cancels the Cruise otherwise all payments are non-refundable.
- All payments to UDC25, subject to 1 C above, are non-refundable. UDC25 may adjust itineraries and schedules, change any talent performing onboard the cruise, delay departures or arrivals without any further obligation to you. We reserve the right to refuse service to any person or cancel your reservation at any time at our sole discretion. UDC25 will not be responsible for any loss incurred due to a cancelled/delayed flight or other means of transportation.
Included/Excluded Charges: The cabin prices advertised are “cruise only” and are based upon double occupancy, except for “Singles.” The price does not include airfare, ground transportation, onboard purchases, purchased drinks onboard or excursions. It does include meals (except for meals at the specialty restaurants), shows and onboard events produced by UDC25. The cost of 3rd and 4th passengers in a stateroom varies depending on cabin category and is $1,099 for all suites, $899 for Veranda staterooms, $699 for Ocean View Staterooms and $599 for Inside Staterooms plus all applicable taxes and fees.
Port Charges/Taxes/Gratuities/Fuel/Admin Fee: an additional $300 per person will be added to your total cabin cost and will be paid as part of your selected payment plan. This payment satisfies the guest’s total obligation for port charges, taxes, gratuities, and admin fees. However, UDC25 reserves the right to impose an additional fee for fuel (“Fuel Surcharge”) if Cruise Line implements a fuel surcharge fleet wide for all guests. The Fuel surcharge will be processed with your final payment due to UDC25.
Credit Cards/Cancellation Fees: UDC25 reserves the right to charge additional fees for returned payments, late payments, missed payments, canceled cards, chargebacks, credit card changes, invalid credit cards, cancellations, and cancellations as a result of your failure to comply with any requests by UDC25.The fee assessed shall be $150 per person plus 5% of the total transaction.
Late Payment Fees: Late Payment Fees may be applied per guest for each cabin that does not remit payment by the required due dates. Should any of your payments be declined or returned by your bank, you will have ten days to resolve the issue. After ten days UDC25 may automatically charge delinquent accounts a non-refundable Administrative Late Fee of $35. This Fee will be added to your outstanding payment amount. Payments received will be first applied to cover the Administrative Fee, then the remaining amount of the payment will be applied to your reservation balance.
Trip Protection: All payments to UDC25 are nonrefundable so we strongly encourage the purchase of Travel Protection.
Currency: Unless otherwise noted, all prices on the website and any fees associated with the Cruise including any applicable taxes are quoted in United States Dollars (“USD”). All payments to UDC25 will be charged in USD to your selected payment method. You may incur an additional fee by your bank or credit card processor if it is an international transaction.
Passport Policy:
- For United States Citizens: A valid passport book is required for all travel outside the United States. To be considered valid, passports must have an expiration date later than six months after your date of travel. For further information and passport requirements, please visit www.state.gov.
- For Non-United States Citizens: You must have a valid passport and any necessary visas for travel. Please carefully verify the existing identification requirements for your particular travel situation with your local consulate. In addition, non-U.S. citizens who have previously been admitted to the United States for permanent residence must carry their Permanent Residence Card (Form I-551), commonly known as a Green Card. Resident alien not in possession of this must obtain one at the nearest office of the United States Immigration Service.
Visas:
Visa requirements will vary depending on the passport under which you are traveling, and the countries being visited. Guests traveling under non-U.S., non-Canadian, and non-European passports must check with the Consulate of every country visited during the cruise for specific Visa requirements. When contacting a Consulate, provide the complete itinerary for the cruise so they can give accurate information. A guest may also contact a Visa service agency in his or her country for assistance. Failure to comply with the Passport Policy will result in a cancellation of your reservation at no refund to you.
PUBLIC HEALTH, COVID-19 POLICIES AND PROCEDURES, KNOWING ACCEPTANCE OF THE RISKS
Recommended Consultation with Personal Physician. Guests are encouraged to discuss the advisability of travel with their personal physicians and to review the U.S. Centers for Disease Control and Prevention (“CDC”) website for updated information. The CDC has identified elderly persons and persons with certain chronic medical conditions as being at increased risk of life-threatening complications from being infected with COVID-19. GUEST ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT WHILE ABOARD THE VESSEL, IN TERMINALS AND BOARDING AREAS, OR DURING ACTIVITIES ASHORE AND/ OR WHILE TRAVELING TO OR FROM THE VESSEL, THE GUEST OR OTHER PASSENGERS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19 AND ITS VARIANTS, INFLUENZA, COLDS, NOROVIRUS, AND POTENTIALLY NEWER DISEASES NOT YET KNOWN. 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, IS BEYOND CHARTERER’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.
Agreement to Abide by Current COVID-19 Policies and Procedures. Charterer’s COVID-19 Policies and Procedures are subject to 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 Charterer’s COVID-19 Policies and Procedures may therefore change. Guest expressly agrees to comply not only with the COVID-19 Policies and Procedures as they are described herein, but also as they are set forth on Cruise Line’s website at https://www.ncl.com/safe, 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 COVID-19 Policies and Procedures described herein or on Charterer’s website, the website governs. Guest’s agreement to abide by Charterer’s COVID-19 Policies and Procedures constitutes an integral part of this Ticket Contract. Guest agrees that the COVID-19 Policies and Procedures herein will also apply to COVID-19 variants and potentially newer diseases or illnesses not yet known.
ASSUMPTION OF THE RISKS: I hereby freely assume the inherent risks as well as any other risks not listed that are part of the Cruise, and any harm, injury, illness, or loss that may occur to me or my property as a result of my participation in the Cruise or during any transportation to or from the Cruise—including any injury, illness, or loss caused by the negligence UDC25, its employees, agents and officers, its contractors, and other Cruise passengers.
COMUNNICABLE DISEASES: UDC25 cannot prevent you from becoming exposed to, contracting, or spreading any communicable diseases while participating in the Cruise. It is not possible to prevent against the presence of any communicable diseases including but not limited influenza, coronavirus, norovirus and all other infectious diseases. Therefore, if you choose to sail on UDC25 you expressly assume the risk that you may be exposing yourself to and/or increasing your risk of contracting or spreading a communicable disease including COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning all communicable diseases. I hereby choose to accept the risk of contracting a communicable disease for myself in order sail on the Cruise.
NOTIFICATION: I agree to inform UDC25 and their representatives immediately and to not to sail on the Cruise if I have tested positive for any communicable disease including COVID-19, been exposed to anyone who has tested positive for a communicable disease including COVID-19 within fourteen (14) days of the Cruise or start to experience any flu-like symptoms including but not limited to a fever, runny nose, difficulty breathing, loss of taste or smell and fatigue. I understand failure to notify UDC25 of this information may be considered negligence on my part. UDC25 reserves the right to create health and safety protocols at any time without prior notice to guests. Guests agree to comply with any health and safety protocols immediately upon notification.
Failure to comply with the health and safety protocols by UDC25 will lead to you and your traveling party being denied boarding or constitute cause for removal from the Vessel without any refund to you. Health and safety protocols set by UDC25 may include but is not limited to mask mandates, social distance measures, quarantine request, temperature checks etc. during boarding and throughout the sailing of the Cruise.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against UDC25 and its employees, independent contractors, members, representatives, and affiliates of each of the foregoing (collectively, the “Released Parties”) in connection with exposure, infection, and/or spread of any communicable disease. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
No person under 18 years of age (“Minor”) is allowed onboard the Cruise. UDC25 strictly prohibits Minors from booking a cabin or sailing onboard the ship even if they are accompanied by an adult. UDC25 reserves the right to cancel a reservation, deny entry onboard the ship or require a passenger to disembark immediately if they are in violation of this policy with no refund or compensation to the passenger.
Charterer's Rules and Regulations:
Guest's Agreement: The Guest agrees to abide by the rules of the Charterer, including, but not limited to, the rules and regulations particularly set forth herein and in particular Charterer’s COVID-19 Policies and Procedures set forth in Section 4 and on Cruise Line’s website at https://www.ncl.com/safe and to follow the lawful instructions of the vessel's officers and crew, at all times. The Guest 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 Charterer for any refund or any other related loss or expense to the Guest, and any accompanying Guest(s).
Charterer's Right to Confine, or Refuse or Revoke Passage: The Guest recognizes and agrees that the Charterer reserves the right, without incurring liability of any kind, to refuse or revoke passage to, or confine to a stateroom, or refuse to reboard after going ashore any Guest who, in the sole judgment of the Charterer or vessel's medical personnel, may be refused admission into a port of landing or into the country of destination, or may be suffering from a contagious disease, or fails to abide by Charterer’s COVID-19 Polices and Procedures as described in Section 4 above or on Cruise Lies’s website at https://www.ncl.com/safe or for any other cause may endanger themselves or others, or become obnoxious to others. Charterer further reserves the right to refuse to transport a Guest and/or remove a Guest from any property, facility and/or vessel operated by Charterer if the Guest refuses to comply with any law, government order or regulation, possesses illegal drugs, possesses weapons of any kind, exhibits inappropriate behavior in the sole discretion of Charterer, appears on any sex offender list, fails to comply with Charterer’s Guest Ticket Contract, and/or fails to abide by any of Charterer’s policies, including but not limited to the Ship’s rules and/or Charterer’s Code of Conduct. Any Guest who is refused passage or otherwise denied any advertised benefit or service under this paragraph 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 Charterer. Guest acknowledges that it is Charterer’s policy that all Guests must be at the designated point of pre-embarkation procedures at the designated time noted on their cruise documents for the port of embarkation as well as two (2) hours before departure at all ports of call and agrees that it is the Guest’s responsibility not to miss such final deadline. Any Guest who fails to arrive at the designated pre-embarkation point at the time set forth in their cruise documents is at risk of being left at the port of embarkation or port of call. In such event, Charterer shall have the right without notice to depart without the Guest and Guest shall be fully responsible to pay for or indemnify the Charterer 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, air fare, launch fare, car hire or agency fees. In such event, Guest shall not be entitled to a refund and shall be deemed to have breached this ticket contract. Further, in such event, the entire fare shall be deemed fully earned by Charterer and no portion thereof shall be recoverable by Guest.
Forbidden Articles: The Guest agrees not to bring on board the vessel, under any circumstances, any firearms or weapons of any kind, ammunition, explosives, or other substances of a dangerous nature, nor animals of any kind, except service or guide animals, provided that the Guest notifies the Charterer, prior to the cruise, of the Guest's intention to bring such animal and agrees to accept full responsibility for any expense, damage, losses, or injuries associated with or caused by such animal. The Guest further understands and agrees that any alcoholic beverages purchased ashore shall not be brought 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 Charterer 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.
No Soliciting: The Guest shall not solicit other Guests, the Charterer's employees, personnel or agents during the voyage with respect to any professional, commercial, or business activity, whether for profit or otherwise, without the prior written consent of the Charterer.
Special Medical Care; Fitness to Travel: The Guest acknowledges that medical care while on a cruise ship may be limited or delayed and that the ship may travel to destinations where medical care is unavailable. Guest further understands that there may be circumstances beyond Charterer’s control which may prevent or delay a medical evacuation or disembarkation. In addition to the specific representations required of Guest regarding COVID-19, Guest warrants that the Guest, and those for whom the Guest is responsible, are fit to travel at the time of embarkation. Any condition of the Guest that may require special attention or treatment of any kind should be reported to the Charterer by the Guest when a reservation is requested. The Guest agrees not to present herself for boarding under any circumstances if, by the time the Guest will conclude her travel with the Charterer, she will have entered the 24th week of pregnancy. The Guest further understands and agrees that infants sailing onboard a vessel must be at least six (6) months of age at time of sailing. However, for voyages that have three (3) or more consecutive days at sea, the infant must be at least twelve (12) months old at time of sailing. Guests are encouraged to contact their treating physician to discuss their health concerns, including pregnancy and COVID-19, before travelling. Guests with special needs are advised that certain international safety requirements, shipbuilding requirements, and/or applicable regulations may cause difficulty for mobility- impaired persons 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 Guests, they are strongly encouraged to bring a collapsible wheelchair. Guests are advised that standard cabins are not designed to be barrier free and wheelchair accessible.
Liability of the Guest: The Guest shall be liable to and shall reimburse Charterer for all damages or loss of or to the vessel and its furnishings and any equipment or property of the Charterer 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. In addition, Guest will be responsible for an administration fee of U.S.$500.00 associated with any instance resulting in damage or loss as well as for all monies incurred for repairs. In the event any items are removed from a stateroom without Charterer’s consent, Guest will be charged the full replacement cost for any such item(s). Furthermore, smoking in staterooms and/or stateroom balconies is strictly prohibited. Any Guest who violates Charterer’s smoking policy will be assessed a cleaning fee of U.S.$250.00. The Guest shall further indemnify the Charterer 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.
Limitations and Disclaimers of Liability:
THE CHARTERER AND THE GUEST HEREBY AGREE THERE IS NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE FITNESS, SEAWORTHINESS, OR CONDITION OF THE VESSEL OR ANY PERSON ON BOARD, OR ANY FOOD, DRINK, MEDICINE, OR PROVISIONS SUPPLIED ON BOARD THE VESSEL. THE GUEST ACKNOWLEDGES THAT THE CHARTERER IS NOT AN INSURER OF HIS OR HER SAFETY DURING THE COURSE OF THE VOYAGE, AND THE GUEST AGREES THAT THE CHARTERER 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, INCLUDING BUT NOT LIMITED TO THOSE EVENTS OCCURRING ASHORE (INCLUDING SHORE EXCURSIONS), ON TENDERS NOT OWNED OR OPERATED BY THE CHARTERER, ON OR RESULTING FROM EQUIPMENT NOT A PART OF THE VESSEL, OR UPON DOCKS AND/OR PIERS, OR INVOLVING PERSONS EMPLOYED ON BOARD THE VESSEL ACTING OUTSIDE THE COURSE AND SCOPE OF EMPLOYMENT, OR INVOLVING SPREAD OR OUTBREAK OF DISEASE.
THE CHARTERER DISCLAIMS ALL LIABILITY TO THE GUEST FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY 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 CHARTERER.
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, CHARTERER 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 CHARTERERS TO GUESTS IN THE EVENT OF ACCIDENTS. 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), CHARTERER’S LIABILITY IS LIMITED TO NO MORE THAN 400,000 SPECIAL DRAWING RIGHTS (“SDR”) PER GUEST (APPROXIMATELY U.S. $570,000, WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL) IF THE GUEST PROVES THAT THE INCIDENT WAS A RESULT OF CHARTERER’S FAULT OR NEGLECT. IF THE LOSS OR DAMAGE WAS CAUSED BY A SHIPPING INCIDENT, CHARTERER’S LIABILITY IS LIMITED TO NO MORE THAN 250,000 SDRS PER GUEST (APPROXIMATELY U.S. $355,000, 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 (APPROXIMATELY U.S. $570,000) PER GUEST UNLESS CHARTERER PROVES THAT THE SHIPPING INCIDENT OCCURRED WITHOUT CHARTERER’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, CHARTERER’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 (APPROXIMATELY U.S. $355,000) PER GUEST OR 340 MILLION SDRS (APPROXIMATELY U.S. $483 MILLION) PER SHIP PER INCIDENT. PUNITIVE DAMAGES ARE NOT RECOVERABLE FOR CRUISES COVERED BY EU REGULATION 392/2009. FOR A COPY OF EU REGULATION 392/2009, VISIT https://eur-
lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32009R0392. 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 PLEASE CLICK HERE HTTPS://EUR- LEX.EUROPA.EU/LEXURISERV/LEXURISERV.DO?URI=OJ:L:2009:131:0024:0046:EN:PDF, AND FOR INFORMATION REGARDING EU REGULATION 1177/2010 PLEASE CLICK HERE HTTPS://EUR- LEX.EUROPA.EU/LEGAL-CONTENT/EN/ALL/?URI=CELEX%3A32010R1177.
ON ALL OTHER INTERNATIONAL CRUISES WHICH NEITHER EMBARK, DISEMBARK NOR CALL AT ANY U.S. PORT OR EUROPEAN MEMBER STATE, CHARTERER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS AND IMMUNITIES FOR 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 THAT CONVENTION (TOGETHER, THE “ATHENS CONVENTION”) ON THE LIABILITY OF CHARTERERS TO PASSENGERS IN THE EVENT OF ACCIDENTS. THE ATHENS CONVENTION LIMITS THE CHARTERER'S LIABILITY FOR DEATH OF OR PERSONAL INJURY TO A GUEST TO NO MORE THAN 400,000 SPECIAL DRAWING RIGHTS (“SDR”) PER GUEST (APPROXIMATELY U.S. $570,000, WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL). LIABILITY OF THE CHARTERER FOR LOSS OF OR DAMAGE TO GUEST'S LUGGAGE OR OTHER PROPERTY SHALL NOT EXCEED 2,250 SDR (APPROXIMATELY U.S. $3,200 WHICH FLUCTUATES, DEPENDING ON A DAILY EXCHANGE RATE AS PRINTED IN THE WALL STREET JOURNAL) PER GUEST UNDER THE ATHENS CONVENTION. IF THE LOSS OR DAMAGE WAS CAUSED BY A SHIPPING INCIDENT, 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 ATHENS CONVENTION), CHARTERER’S LIABILITY IS LIMITED TO NO MORE THAN 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $345,000). COMPENSATION FOR LOSS CAUSED BY A SHIPPING INCIDENT CAN INCREASE TO A MAXIMUM OF 400,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $570,000) UNLESS CHARTERER PROVES THAT THE SHIPPING INCIDENT OCCURRED WITHOUT CHARTERER’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, CHARTERER’S LIABILITY FOR ANY PERSONAL INJURY OR DEATH (WHETHER OCCURRING DURING A SHIPPING INCIDENT OR A NONSHIPPING INCIDENT) IS LIMITED TO THE LOWER OF 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $357,000) OR 340 MILLION SDRS (APPROXIMATELY U.S. $486,200,000) PER SHIP PER INCIDENT. PUNITIVE DAMAGES ARE NOT RECOVERABLE FOR CRUISES COVERED BY THE ATHENS CONVENTION. ONLY APPLICABILITY AND THE LIABILITY LIMITS PROVISIONS OF THE ATHENS CONVENTION SHALL APPLY TO CLAIMS ARISING UNDER THIS PARAGRAPH, WITH PARAGRAPH 15 OF THIS CONTRACT DETERMINING THE VENUE AND CHOICE OF LAW APPLICATION AND PARAGRAPH 11 OF THIS CONTRACT DETERMINING TIME LIMITATIONS OF ACTIONS, ARBITRATION, AND WAIVER OF CLASS ACTION RIGHT. THE PARTIES DO NOT INTEND TO INCORPORATE ANY PROVISION FROM THE ATHENS CONVENTION OTHER THAN WHAT IS EXPLICITLY STATED HEREIN. FOR A COPY OF ATHENS CONVENTION 1974, VISIT https://treaties.un.org/doc/Publication/UNTS/Volume%201463/volume-1463-I-24817-English.pdf, AND FOR A COPY OF ATHENS CONVENTION 2002 PROTOCOL, VISIT https://treaties.un.org/doc/Publication/UNTS/No%20Volume/24817/A-24817-080000028053bf55.pdf. (FULL TEXT IN ENGLISH BEGINS ON PAGE 40).
IN ADDITION, AND ON ALL OTHER CRUISES OR IN THE EVENT OF THE INAPPLICABILITY OF THE FOREGOING LIMITATIONS, CHARTERER 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.
THE CHARTERER 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 SNORKELING PROGRAMS OR GUEST USAGE OF ANY PADDLEBALL, ROCK CLIMBING WALL, BOWLING, BUNGEE TRAMPOLINE, JET SKI, RAPPELLING WALL, SPIDER WEB, GOLF, ONBOARD WATER-SLIDES, ONBOARD DRY-SLIDES, DARTS, GALAXY PAVILION, HIPPO SLIDE, GYMNASIUM, GO-KARTS, LASER TAG, ZIP LINE, JOGGING, SWIMMING, DIVING, HEALTH CLUB AND SAUNA FACILITIES. CHARTERER IS NOT RESPONSIBLE FOR (A) GUEST’S USE OF ANY AHTLETIC OR RECREATIONAL EQUIPMENT OR ATTRACTIONS; (B) FOR THE NEGLIGENCE OR WRONGDOING OF ANY INDEPENDENT CONTRACTORS, INCLUDING BUT NOT LIMITED TO SHORE EXCURSION OPERATORS, PHOTOGRAHERS, SPA PERSONNEL OR ENTERTAINERS; AND (C) FOR EVENTS TAKING PLACE OFF THE CHARTERER’S VESSELS, LAUNCHES, TENDERS OR TRANSPORTS, OR AS PART OF ANY SHORE EXCURSION, TOUR OR ACTIVITY. GUEST AGREES TO SOLELY ASSUME THE RISK OF INJURY, DEATH, ILLNESS OR ANY OTHER LOSS ARISING OUT OF OR RELATING TO THE AFOREMENTIONED AND FULLY RELEASES AND DISCHARGES CHARTERER.
THE CHARTERER ASSERTS AND HEREBY PLACES THE GUEST ON NOTICE OF ITS INTENT TO UTILIZE THE IMMUNITY FOR BUSINESS ENTITIES AGAINST LIABILITY FOR ANY COVID-19- RELATED CLAIM AS PROVIDED FOR IN FLORIDA STATUTES §§ 768.38 AND 768.381.
As in any hotel, casino, or other place of lodging, unforeseeable crimes can occur including while onboard a cruise vessel. In the unlikely event you are the victim of any crime, including but not limited to theft, physical or sexual assault, battery, threats, etc. please immediately notify shipboard personnel. Security personnel are available 24 hours a day and can be reached by dialing 911 on any phone located throughout the ship. A Security Guide with additional information is available in your cabin and online at https://www.ncl.com/sites/default/files/Security_Guide_040517_2.pdf.
Vessel and Voyage:
Risk of Travel: The Guest admits and acknowledges that travel by ocean-going vessel occasionally presents risks and circumstances that may be beyond the ability of the Charterer to reasonably control or mitigate. The Guest's understanding includes all risks of travel, transportation, and handling of Guests and baggage. Except as otherwise expressly provided herein, the Guest therefore assumes the risk of and releases the Charterer from any injury, loss, or damage whatsoever arising from, caused by, or in the judgment of the Charterer or Master rendered necessary or advisable by reason of: any act of God or public enemies; force majeure; arrest; restraints of governments or their departments or under color of law (including but not limited to orders by government agencies restricting travel due to declared pandemics, public health emergencies or outbreak of communicable disease (including but not limited to COVID-19), quarantines, national or regional emergencies); piracy; war; revolution; extortion; terrorist actions or threats; hijacking; bombing; threatened or actual rebellion, insurrection, or civil strife; fire, explosion, collision, stranding or grounding; weather conditions; docking or anchoring difficulty; congestion; perils of the sea, rivers, canals, locks or other waters; perils of navigation of any kind; lack of water or passageway in 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 the crew; seizure of ship by legal process; strike, lockout or labor disturbance (regardless whether such strike, lockout or labor disturbance results from a dispute between the Charterer and its employees or any other parties); or from losses of any kind beyond the Charterer's control. Under any such circumstances the voyage may be altered, shortened, lengthened, or cancelled in whole or part without liability to the Guest for a refund or otherwise, except as otherwise required by law.
Substitute Vessel: If the vessel does not sail on or about the advertised or scheduled date for any reason, including fault of the Charterer, the Guest agrees that the Charterer shall be entitled to substitute any other vessel or means of transportation, regardless of whether owned or operated by the Charterer, and to re-berth Guests thereon or, at the Charterer's option.
Itinerary Deviation: The Guest agrees that the Charterer has the sole discretion and liberty to direct the movements of the vessel, including the rights to: proceed without pilots and tow, and assist other vessels in all situations; deviate from the purchased voyage or the normal course for any purpose, including, without limitation, the health and safety in the interest of Guests or of the vessel (including the outbreak of any communicable disease), or to save life or property; put in at any unscheduled or unadvertised port; cancel any scheduled call at any port for any reason and at any time before, during or after sailing of the vessel; omit, advance or delay landing at any scheduled or advertised port; return to port of embarkation or to any port previously visited if the Charterer deems it prudent to do so; substitute another vessel or port(s) of call without prior notice and without incurring any liability to the Guest on account thereof for any loss, damage or delay whatsoever, whether consequential or otherwise, except as may be required by law.
Transfer: The Guest agrees that the Charterer has an absolute right to transfer the Guest and/or the Guest's baggage to other Charterers, whether by water, rail or air, to or toward the ultimate destination. In the event such substituted passage is for the convenience of the Charterer, it shall be at the Charterer's cost. Otherwise, it shall be at the cost of the Guest.
Compliance with Government Orders: The Charterer shall have the absolute right, without liability for compensation to the Guest of any kind, to comply with governmental orders, recommendations or directions, including but not limited to those pertaining to health, security, immigration, customs or safety.
In the case of quarantine, the Guest agrees to bear all risks, losses and expenses caused thereby and will be charged for maintenance, payable day-by-day, if maintained on board the vessel for such period of quarantine. The Guest assumes all risks and losses occasioned by delay or detention howsoever arising. Costs connected with embarkation or debarkation of Guests and/or baggage and costs of transfer between vessel and shore as a result of the circumstances enumerated in this paragraph must be borne by the Guest, except as otherwise required by law.
Mechanical Failures of the Vessel: In the event of cancellation of voyage due to mechanical failures of the vessel, the Guest will be entitled to an alternate sailing at Charter’s expense. In the event a voyage is terminated early due to mechanical failure of the vessel, the Guest is also entitled to transportation to the vessel’s scheduled port of disembarkation or the Guest’s home city, at Charterer’s discretion and expense, as well as lodging at the unscheduled port of disembarkation, if required, at Charterer’s expense.
Baggage and Valuables:
THE TERM "BAGGAGE" MEANS SUITCASES, VALISES, SATCHELS, BAGS, HANGERS OR BUNDLES AND THEIR CONTENTS CONSISTING OF CLOTHING, CLOTHING ACCESSORIES, TOILET ARTICLES, AND SIMILAR PERSONAL EFFECTS, INCLUDING ALL OTHER PERSONAL PROPERTY OF THE GUEST NOT IN A CONTAINER. THE CHARTERER DOES NOT UNDERTAKE TO CARRY AS BAGGAGE ANY TOOLS OF TRADE, HOUSEHOLD GOODS, FRAGILE OR VALUABLE ITEMS, PRECIOUS METALS, JEWELRY, DOCUMENTS, NEGOTIABLE INSTRUMENTS, OR OTHER VALUABLES, INCLUDING BUT NOT LIMITED TO THOSE SPECIFIED IN 46 U.S.C. § 30503. THE GUEST WARRANTS THAT NO SUCH ITEMS WILL BE PRESENTED TO THE CHARTERER WITHIN ANY RECEPTACLE OR CONTAINER AS BAGGAGE, AND HEREBY RELEASES THE CHARTERER FROM ALL LIABILITY WHATSOEVER FOR LOSS OF OR DAMAGE TO SUCH ITEMS WHEN PRESENTED TO THE CHARTERER IN BREACH OF THIS WARRANTY. THE 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 CHARTERER FOR ANY FINES, DUTIES, TAXES, OR OTHER PENALTIES THAT MAY BE INCURRED AS A RESULT OF ANY ITEM BROUGHT ON BOARD BY THE GUEST. THE CHARTERER SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO ANY PERISHABLE ITEMS, DENTURES AND/OR OTHER DENTAL DEVICES, OPTICAL DEVICES (INCLUDING CONTACT LENSES), MEDICATIONS, CAMERAS, RECREATIONAL AND/OR SPORTING EQUIPMENT, JEWELRY, CELL PHONES, CLOTHING, ELECTRONIC DEVICES, CASH, SECURITIES OR OTHER NEGOTIABLE INSTRUMENTS UNDER ANY CIRCUMSTANCES WHATSOEVER, WHETHER CARRIED WITHIN THE GUEST'S BAGGAGE OR OTHERWISE.
THE GUEST AND CHARTERER AGREE AND STIPULATE THAT THE AGGREGATE VALUE OF ALL THE GUEST'S BAGGAGE AND ANY OTHER PROPERTY LAWFULLY BROUGHT ON BOARD BY THE GUEST, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO PHOTOGRAPHIC EQUIPMENT, JEWELRY, WATCHES, CELL PHONES, CLOTHING AND CASH, DOES NOT EXCEED U.S. $100.00 AND ANY LIABILITY OF THE CHARTERER OR THE VESSEL FOR ANY CAUSE WHATSOEVER WITH RESPECT TO SAID BAGGAGE AND OTHER PROPERTY REGARDLESS OF WHETHER CARRIED IN BAGGAGE OR BY A GUEST SHALL NOT EXCEED SUCH SUM UNLESS THE GUEST SHALL SPECIFY ITS TRUE VALUE, IN WRITING, AND PAY TO THE CHARTERER BEFORE EMBARKATION 5% OF THE EXCESS OF SUCH VALUE, IN WHICH CASE THE CHARTERER'S LIABILITY, IF ANY, SHALL BE LIMITED TO THE ACTUAL DAMAGE SUSTAINED UP TO, BUT NOT EXCEEDING SUCH SPECIFIED VALUE. IN NO EVENT SHALL CHARTERER BE LIABLE FOR NORMAL WEAR OR TEAR OF THE GUEST'S PROPERTY OR BAGGAGE.
THE GUEST AGREES THAT ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED HEREIN SHALL APPLY TO ALL VALUABLES STORED OR ACCEPTED FOR STORAGE BY THE CHARTERER, INCLUDING VALUABLES STORED WITH THE CHARTERER IN SAFETY DEPOSIT BOXES OR SECURITY ENVELOPES. THE CHARTERER CANNOT ACCEPT RESPONSIBILITY FOR, AND IN NO EVENT SHALL BE LIABLE FOR, THE LOSS OF OR DAMAGE TO VALUABLES OR OTHER ARTICLES LEFT IN CABINS, AND IN NO EVENT SHALL THE CHARTERER BE LIABLE FOR LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND NOT SHOWN BY THE GUEST TO HAVE OCCURRED WHILE SAID PROPERTY WAS IN THE CHARTERER'S ACTUAL CUSTODY.
THE GUEST AGREES TO PROMPTLY REPORT ANY LOSS OF OR DAMAGE TO BAGGAGE DURING LOADING OR DISEMBARKING, TO THE CHARTERER'S PERSONNEL, PRIOR TO DEBARKING THE U.S. CUSTOMS AREA; THE CHARTERER SHALL NOT BE RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE WHICH IS NOT SO REPORTED. LIABILITY, IF ANY, FOR LOSS OR DAMAGE TO BAGGAGE OCCURRING ELSEWHERE THAN ON BOARD THE VESSEL IN CONNECTION WITH AIR, CAR, MOTOR COACH, GROUND TRANSFERS, PORTERS, STEVEDORES AND/OR HOTELS SHALL REST SOLELY WITH THE PERSON OR ENTITY PROVIDING SUCH SERVICES AND THE GUEST AGREES THAT THE CHARTERER DOES NOT GUARANTEE THE PERFORMANCE OF SUCH SERVICES AND SHALL NOT BE LIABLE IN ANY RESPECT OR CAPACITY FOR ANY SUCH LOSS OR DAMAGE.
THE GUEST WILL NOT BE LIABLE TO PAY NOR ENTITLED TO RECEIVE ANY GENERAL AVERAGE OR SALVAGE CONTRIBUTION OR AWARD IN RESPECT TO PROPERTY TAKEN BY THE GUEST ONTO THE VESSEL.
Independent Contractors:
Off-Vessel Transport and Activities: The Guest recognizes and agrees that, if and when the Charterer makes arrangements for the 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 Charterer does so solely for the convenience of the Guest, the Charterer 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. Therefore, the Guest agrees that the Charterer assumes no responsibility for, nor guarantees the performance of, any such person, party, contractor, service or facility, and that the Charterer shall not be liable for losses or injuries arising from the acts or omissions of such person, party, contractor, service or facility.
Other Independent Contractors: The Guest recognizes that the persons providing other 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 Charterer shall not be held liable for any loss or injury arising from the performance of such services.
Payment for Optional Services: Such parties or persons described in sub-sections (a) and (b), above, shall be entitled to make a proper 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.
Indemnity: Guest acknowledges and agrees that in the event the Charterer is found liable to pay damages to Guest based on the negligence or other wrongful conduct of any person or entity other than the Charterer, 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 Charterer harmless for any and all such conduct and/or damages. This agreement to indemnify and hold the Charterer 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 Charterer.
Medical Services and Facilities: The Guest recognizes and agrees that the Charterer is not in the business of providing medical services and/or operating medical facilities. To the extent that the vessel provides a surgeon or physician, or if the vessel requests emergency or other medical care or evacuation for the Guest on the Guest's behalf (hereinafter, "Medical Services"), it is understood and agreed that the Charterer 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 that the Charterer does not undertake to supervise, nor does it supervise or direct the actions of the person(s) providing such Medical Services. The Guest therefore agrees that the Charterer cannot guarantee the performance of such Medical Services, and that the Charterer shall not be liable for losses or injuries arising therefrom. Persons or entities providing Medical Services shall be entitled to make a proper 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. The Guest hereby agrees to reimburse and indemnify the Charterer for any funds advanced on account of any such charges.
Time Limitations of Actions; Arbitration; Waiver of Class Action Right:
SUITS FOR INJURY OR DEATH: THE GUEST AGREES THAT NO SUIT, WHETHER BROUGHT IN REM OR IN PERSONAM, SHALL BE MAINTAINED AGAINST THE CHARTERER FOR EMOTIONAL OR PHYSICAL INJURY, ILLNESS OR DEATH OF GUEST UNLESS WRITTEN NOTICE OF THE CLAIM, INCLUDING A COMPLETE FACTUAL ACCOUNT OF THE BASIS OF SUCH CLAIM, IS DELIVERED TO THE CHARTERER WITHIN 185 CALENDAR DAYS FROM THE DATE OF THE INCIDENT GIVING RISE TO SUCH INJURY, ILLNESS OR DEATH; AND NO SUIT SHALL BE MAINTAINABLE UNLESS COMMENCED WITHIN ONE (1) YEAR FROM THE DAY OF THE INCIDENT GIVING RISE TO SUCH INJURY, ILLNESS OR DEATH, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.
OTHER SUITS: 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 OR GUEST'S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN THE GUEST AND CHARTERER, WITH THE SOLE EXCEPTION OF CLAIMS BROUGHT AND LITIGATED IN SMALL CLAIMS COURT, SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE UNITED NATIONS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 ("THE CONVENTION") AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., ("FAA") SOLELY IN MIAMI-DADE COUNTY, FLORIDA, U.S.A. TO THE EXCLUSION OF ANY OTHER FORUM. GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ARBITRATION PROCEEDING IN MIAMI-DADE, FLORIDA. THE ARBITRATION SHALL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND THE FEE SCHEDULE IN EFFECT AT THE TIME OF FILING THE DISPUTE WITH NAM, WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. NAM CAN BE CONTACTED AT 800-358-2550, ATTENTION COMMERCIAL CLAIMS DEPT., 990 STEWART AVENUE, FIRST FLOOR, GARDEN CITY, NY 11530, TO RESPOND TO ANY QUESTIONS REGARDING THE ARBITRATION PROCESS, AS WELL AS TO REQUEST A COPY OF NAM’S CURRENT COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND THE FEE SCHEDULE. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CHARTERER 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. CHARTERER 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 SECTION 15 BELOW GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS SECTION. IN ANY EVENT, NO CLAIM DESCRIBED IN THIS SECTION MAY BE BROUGHT AGAINST CHARTERER UNLESS WRITTEN NOTICE GIVING FULL PARTICULARS OF THE CLAIM IS DELIVERED TO THE CHARTERER WITHIN THIRTY (30) DAYS OF TERMINATION OF THE CRUISE AND LEGAL ACTION ON SUCH CLAIM IS COMMENCED WITHIN SIX (6) MONTHS FROM THE DATE THE CLAIM AROSE, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.
GUEST WAIVES RIGHT TO CLASS ACTION RELIEF: THIS 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 ARBITRATION OR LAWSUIT AGAINST CHARTERER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST'S CLAIM IS SUBJECT TO ARBITRATION UNDER SECTION 11(b) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 11(b) 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.
Travel Documentation: Upon embarkation, the 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 Charterer’s COVID-19 Policies and Procedures (as described in Paragraph 4) and if he or she fails to do so the Charterer shall have no further obligation to transport or to furnish transportation to the Guest. The Guest is advised to consult his or her travel agent or the appropriate governmental authority concerning required documentation for travel. The Guest shall indemnify the Charterer for all penalties, fines, charges, losses and expenses imposed upon or incurred by the Charterer due to the Guest's failure to have proper documentation or otherwise comply with applicable laws or regulations of any kind. Any stamps on tickets, customs, excise or other taxes or fines on the Guest or the Charterer resulting from the Guest's conduct, embarkation expenses, and all expenses of such a nature are to be paid by the Guest. If the Guest is denied boarding for failing to comply with the requirements of this paragraph, the Charterer shall not be liable to refund the Guest's fare or for any other damages or expenses whatsoever.
Use of Travel Agent: The Guest agrees that any travel agent utilized by the Guest in connection with the purchase of the cruise or issuance of this Contract, or for any related or incidental air or ground transportation or excursions, is solely the Guest's agent and the Guest shall remain liable to the Charterer for the full applicable cruise fare. The Charterer shall not be responsible for any representations, insolvency or other conduct of a travel agent, including but not limited to such agent's failure to remit any portion of the cruise fare to the Charterer, or any refund to the Guest.
Severability: Except as provided in Section 11(c) above, should any provision of this Contract be deemed invalid for any reason, the Guest agrees that 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.
VENUE AND GOVERNING LAW: EXCEPT AS OTHERWISE SPECIFIED HEREIN, ANY AND ALL DISPUTES WHATSOEVER ARISING OUT OF OR RELATING TO 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. 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 11(B) ABOVE, SHALL BE COMMENCED, FILED AND LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN MIAMI, FLORIDA, U.S.A., OR AS TO THOSE LAWSUITS FOR WHICH THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA LACKS SUBJECT MATTER JURISDICTION, BEFORE A COURT OF COMPETENT JURISDICTION IN MIAMI-DADE COUNTY, FLORIDA, U.S.A., TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTRY, STATE, CITY OR COUNTY WHERE SUIT MIGHT OTHERWISE BE BROUGHT.
Use of Guest Likeness: The Guest consents to Charterer's use and display of the Guest's likeness in any video, photograph or other depiction for any purpose, commercial or otherwise, without compensation or liability of any kind. The Guest's consent extends to minors and other persons in the care and charge of the Guest. Guest further agrees that any type of photograph or recording, in any audio or video format, of the Guest, other guests, crewmembers, independent contractors, concessionaires, guest entertainers or any other third party onboard any of Charterer’s vessels or depicting said vessels, their design, equipment or any other feature or part of said vessels, shall not be used by Guest for any commercial purpose, or other financial gain, personal or otherwise, including but not limited to in any media format or broadcast, or for any other use without the express written consent of Charterer. Charterer is permitted to take any and all reasonable measures to protect Charterer and enforce this provision. The Guest understands and agrees that onboard photographers may photograph Guest and minors and other persons in the care and charge of the Guest, and that those photographs may be processed, displayed and sold to Guests and others. For additional information regarding Charterer’s use of Guest’s likeness, including use of facial recognition technology, please refer to Section 18 below.
Personal Data and Privacy:
The Guest’s personal data, which may include sensitive data, will be processed in accordance with Charterer’s privacy policy, which describes how personal data may be processed, and which is available on the Charterer’s website. Charterer may update its privacy policy without prior notice. Guest agrees that Charterer may (1) keep Guest’s personal and sensitive data, (2) use such personal data in Charterer’s business worldwide in accordance with its published privacy policy, (3) share such personal data with Charterer’s affiliated or related companies, and (4) subject such personal data to processing worldwide.
Guest agrees that Charterer 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 laws, regulations, governmental and quasi-governmental requests, orders or legal processes, (4) to enforce this Contract or other agreements or to protect the rights, safety or property of Charterer or others,
(5) as part of a purchase, sale, or transfer of assets or Charterer’s business, (6) to Charterer's agents or service providers to perform functions on its behalf, or (7) as otherwise described in Charterer's privacy policy.
Guest agrees that Charterer may use facial recognition technology to facilitate and expedite Guest’s embarkation and/or debarkation and for health and safety purposes and as further described in Charterer’s privacy policy.
Travel Sanctions and Regulations:
Guest, including all Guests named on the reservation(s), agrees to comply with Charterer’s policies concerning any and all applicable United States Department of the Treasury through the Office of Foreign Assets Control (“OFAC”) regulations. Guest agrees that to the extent Guest violates such policies or is subject to OFAC sanctions, Guest will be refused passage and Guest, along with any other guests included in Guest’s reservation(s), will not be entitled to a refund of any amounts paid to Charterer.
Your signature and acceptance of these Terms and Conditions is binding. We reserve the right to change all itineraries and entertainers without notice and with no further obligation. We reserve the right to refuse service to any person or cancel your reservation at any time at our sole discretion. Any dispute arising from this reservation must be settled in Washington. MSM24 may update the provisions of the Terms and Conditions from time to time and reserves the right to do so without prior notice to passenger.