For valuable consideration, Carrier agrees to provide
transportation specified herein for the passenger(s) named herein, subject
to all the terms and conditions printed in this contract as follows:
1. INTRODUCTION
This Contract contains the
terms of agreement between you, the passenger(s) named above, and us, CG
Cruise Invest AS, a Norwegian corporation d/b/a SeaDream Yacht Club, on
behalf of ourselves and the ship you are sailing on, the ship's agents,
operators, concessionaires, master, officers and crew, independent
contractors, medical staff (who operate as independent contractors) and
for everyone else providing anything to us or to the ship or to you on our
behalf, all of whom are entitled to the same limitations and defenses
available to CG Cruise Invest AS, d/b/a SeaDream Yacht Club, including but
not limited to our sales and marketing agent North Star Tours. The
acceptance of this ticket by the person named hereon as passengers shall
be deemed to be an acceptance and agreement by each of them of all of the
terms and conditions of this Contract. The person purchasing or accepting
the contract represents that he or she is authorized by all passengers,
including any minor, named herein as passengers, to accept and agree to be
bound by all the terms and conditions of the contract. This contract is
not transferable and you may not sell or assign it. It is valid only on
the vessel and for the voyage indicated. This contract may not be modified
except in writing signed by Carrier. The terms, conditions and limitations
herein shall apply to any and all disputes between you and Carrier
regardless whether such disputes arise aboard the ship or in any other
place, location or mode of transportation whatsoever.
2. DEFINITIONS
(a) "Carrier" means and
includes CG Cruise Invest AS, d/b/a SeaDream Yacht Club, the vessel, its
owners, operators, employees, agents, charterers and tenders.
(b)"You, Your, Passenger"
means the person(s) purchasing or accepting this contract or who board(s)
the ship or those in their care, including their heirs and
representatives. The term "You, Your, Passenger" shall include plural and
the use of the masculine shall include the feminine.
(c)"Cruise" means the voyage
from the port of departure to the final port of disembarkation and
including any rail, road or sea port, any land accommodation components or
any package sold with, or included in the price of or taken in connection
with the cruise, any shore excursions or shore side facilities related to
or offered during the cruise, and all transportation to or from the cruise
if purchased through or arranged by Carrier.
(d)"Cruise Fare" means the
amount actually received by the Carrier for your cruise. It covers the
cruise package, scheduled meals and accommodations while on board, air
supplements if arranged through Carrier and, if you are participating in
any pre-embarkation program, transfers to and from the ship. Cruise fare
does not include Government taxes and fees imposed or sanctioned by any
Government, foreign or domestic. These charges are in addition to the
Cruise Fare and include but are not limited to Passenger Facility Charges,
Security Surcharges, Fuel Surcharges, International Passenger Departure or
Arrival Tax, Customs User Fee, Immigration Fee and Agricultural Inspection
Fee. Cruise fare does not include shipboard charges, medical care, shore
excursion costs, optional travel or baggage insurance, or pre or
post-cruise hotel expenses and meals not purchased through Carrier as part
of your cruise package
(e)"Travel Agent" means the
agency and/or individual who arranges your cruise. The travel agent acts
for you in making arrangements for your cruise and any related travel,
lodging or tours and acts as your legal agent. Travel agents are not the
agents or representatives of Carrier.
3. CANCELLATION
PRIOR TO EMBARKATION, REFUNDS
(a) The Carrier may for any
reason whatsoever cancel, postpone or advance any sailing or terminate the
Passage Contract at any time before departure and the Carrier's only
liability will be to refund to the passenger the amount received for the
Passage Contract.
(b) The passenger may for
any reason whatsoever terminate the Passage Contract at the following
times on the following terms:
If the request is received
more than 90 days prior to sailing, all amounts already paid will be
refunded minus $25.00 per booking cancellation fee. Guests who cancel
within 90 days prior to sailing for any reason, including medical reasons,
will be subject to the following cancellation fees:
Cancellation requests
received following number of days before sailing: 90 – 46 days = 25% of
the fare; 45 – 31 days = 50%; 30 days or less = 100%.
Voluntary termination by the guest of a cruise in progress will result in
no refund.
(c) Cancellation must be in
writing and sent to the Carrier at SeaDream Yacht Club, 2601 South
Bayshore Drive, Penthouse 1B, Coconut Grove, Florida 33133. Any refunds
will be made directly to your credit card account or your travel agent and
you must receive your refund directly from these sources. Refunds shall be
determined based upon the date written notice is received by the Carrier.
(d) The Carrier strongly
recommends the purchase of trip cancellation insurance from your travel
agent or through the Carrier.
(e) All airline tickets are
refundable only to Carrier. All unused flight coupons must be returned to
the Carrier.
4. ROLE OF
CARRIER, TRAVEL AGENT AND INDEPENDENT CONTRACTORS
The Carrier is not
responsible for any conduct of your travel agent, including but not
limited to, any failure to remit your deposit or other refunds to the
Carrier or any failure to remit a refund from Carrier to you. In selling
tickets (including coupons or vouchers), or otherwise making arrangements
for air transportation, shore excursions, tours, land, air, or local water
transportation or shoreside accommodations and meals, the Carrier acts
only as an agent for others who provide such services as independent
contractors. You agree that the Carrier will not be liable in any way for
any loss, death, injury, illness or damage to person or property or for
disappointment arising from or in connection with such service.
5. PASSENGER
RESPONSIBILITY, PRIOR MEDICAL CONDITIONS, PREGNANCY AND DISABILITY
A. GENERAL
REQUIREMENTS
(1) Passengers are
responsible to comply with any government travel requirements and must
have in their possession proof of citizenship, exit and entry visas and
other necessary documentation required by either the United States or any
foreign port visited. Passengers are advised to consult with their travel
agents and the appropriate governmental agencies and embassies. The
Carrier assumes no responsibility for advising passengers of immigration
requirements and may refuse to embark passenger or may disembark passenger
in the event passenger does not present required documentation. Carrier
shall have no liability whatsoever in the event passenger is denied
boarding or is disembarked for failure to present required travel
documents.
(2) The passenger represents
and warrants that the passenger is fit to travel and that the passenger's
conduct will not impair the safety of the vessel or inconvenience the
other passengers or crew. You must, at the time you book your cruise,
inform the Carrier, in writing, of any existing physical or mental
illness, disability or pregnancy or any other condition for which you or
any other person in your care may require medical attention or special
accommodation during the cruise. If any such condition arises after you
have booked the cruise, you must report the condition to the Carrier, in
writing, as soon as you become aware of it. Each pregnant passenger
further agrees to inform the Carrier, in writing, if she will enter the
third trimester of pregnancy by the end of the cruise. Failure to report
any such condition will release the carrier, the ship's doctor, and any
other personnel from any liability related to the accommodation or
treatment of such condition. By acceptance of this contract, passenger
hereby releases the Carrier from any and all liability for any injury,
death or damage connected with the cruise which is related to a
pre-existing illness or disability. The passenger acknowledges and agrees
that the Carrier shall have no responsibility or obligation to provide any
special services or medical equipment to passengers. The passenger shall
be liable to the Carrier and shall reimburse it for all loss, damage or
delay sustained by the Carrier because of any omission of the passenger.
(3) The Carrier may refuse
to embark you, or demand your disembarkation, if, in the sole opinion of
the Carrier, your physical or mental condition creates an unreasonable
risk to yourself or others or unreasonably interferes with the peace and
tranquility of the vessel or enjoyment of others. If the Carrier refuses
to allow you on board for any of these reasons, a refund of the cruise
fare will be based on the timing of such refusal in accordance with
section 3 of these terms and conditions and the Carrier will not have any
further liability. Carrier recommends that passengers who are not
self-sufficient travel with a companion who shall take responsibility for
any assistance needed during the voyage and in case of an emergency.
(4) No animals will be
allowed on the ship under any circumstances unless deemed necessary to
assist with physical disability and provided (1) the Carrier is given
advance notice that said animal will be carried aboard, (2) the passenger
assumes all responsibility for said animal's food and hygiene, and (3) the
passenger agrees to indemnify and defend Carrier should the assistance
animal cause injury, death, damage or loss to any other passenger or crew
or to the vessel. Passengers using assistance animals should check in
advance with governmental authorities in each port to be visited to
determine local rules, regulations, fees and quarantines applicable to
such animals.
B. PASSENGER'S
INTERRUPTION OF VOYAGE, QUARANTINE
The Carrier may confine you
to your stateroom, change your accommodations or disembark or remove you
at any port if, in the sole opinion of the Carrier, your presence might be
detrimental to your own health, comfort or safety or that of other
passengers or the crew or you might be excluded from landing at any
destination by governmental authorities or if you violate any provision of
this Contract. If you are disembarked for any such reasons, you will not
be entitled to any refund or damages. If you are delayed or detained on
board the ship or elsewhere, due to injury, illness, disability or
quarantine or due to action of any government or authority or for any
other reason not the fault of the Carrier, you will be solely responsible
for all resulting costs and expenses, including repatriation, and must
reimburse the Carrier for any such costs or expenses which it may incur on
your behalf.
C. RULES AND
REGULATIONS, COMPLIANCE WITH LAW
You must at all times obey
all the rules, regulations and orders of the Carrier and the ship's
Master. You may not solicit other passengers for commercial purposes or
advertise goods or services on board the ship without the Carrier's prior
written permission. It is your responsibility to comply without delay with
the requirements of all immigration, port, health, customs, and government
police authorities, and all other laws and regulations of each country or
state from or to which you will travel. You must reimburse the Carrier for
any costs or resulting expenses or fines that it may incur as a result of
your actions or presence on the vessel.
D.
UNAUTHORIZED STOPOVERS OR DISEMBARKATION
Unauthorized stopovers or
disembarkations, or your failure to make any sailing of the ship, at any
port for any reason shall be at your sole risk and expense. The Carrier
shall not be liable in any way for such actions and you will not be
entitled to any refund or other compensation under these circumstances, or
if you disembark early for any reason.
6. CHILDREN AND
MINORS [OPTIONAL PORTION IN ITALICS]
No child under the age of
one (1) year will be accepted as a passenger.
Any passenger under the age of eighteen (18) years must be accompanied by
an adult passenger over the age of eighteen. If the adult is not a parent,
a Parental/Guardianship Consent must be signed by the minor's parent or
legal guardian and delivered to the Carrier eight weeks before sailing.
You agree to fully supervise any and all children accompanying you during
your cruise. You also agree to indemnify Carrier(s) for any and all damage
caused by such child or children; for any injury, illness or death to such
child or children to which lack of adequate and proper adult supervision
contributed in whole or part.
7. CARRIER'S
CANCELLATION, DEVIATION OR INTERRUPTION OF CRUISE; CHANGE IN
ACCOMMODATIONS
(a) The Carrier may for any
reason whatsoever, with or without advance notice, substitute any other
vessel for the named vessel, change the scheduled port of embarkation,
omit or change any, some, or all scheduled calls at any intermediate
ports, omit or change the scheduled port of disembarkation, call at any
port whether or not contemplated in the itinerary, change all or part of
any itinerary, as well as transfer the passenger and the passenger's
baggage to any other vessel or conveyance, whether belonging to Carrier or
not, back to the port of embarkation or to the originally scheduled port
or disembarkation.
(b) The passenger shall have
no right to any refund and the Carrier shall have no obligation or
liability in respect thereof to the passenger except as follows:
(1) If the Carrier cancels
the cruise before it has started, it will refund the cruise fare actually
received.
(2) If the scheduled sailing
date or time is delayed and you are not accommodated on board, the Carrier
may arrange hotel accommodations at no additional expense to you for the
duration of the delay.
(3) If the scheduled port of
embarkation or disembarkation is changed, the Carrier will arrange
transportation to or from the originally scheduled port.
(4) If the cruise is
shortened or terminated, the Carrier, at its option, will either make a
proportional refund of your cruise fare or transfer you to another ship or
transport you to the scheduled final port by other means. If the schedule
or length of the cruise is increased or otherwise changed, Carrier will
have no liability and shall not be liable to pay or compensate you,
including consequential damages or loss.
(5) If, in the opinion of
the Master, booked accommodations must be changed, the Carrier shall have
the right to allocate other accommodations to the passenger. If the
Carrier is unable to offer such alternative accommodations, the Carrier
shall have the right to terminate this contract and shall be required to
refund only any unused cruise fare.
(6) Should the vessel
deviate from its course for any cause resulting from the passenger's
negligence or due to a medical emergency involving the passenger, said
passenger shall be liable for the related costs incurred and shall
indemnify Carrier for any costs, penalties, or demands arising therefrom.
(c) The vessel's master may,
in his sole discretion, proceed with or without pilots, assist other
mariners or vessels, or make any other modification he in his sole
discretion deems necessary or appropriate for the safety of the vessel or
its passengers and crew, including but not limited to changes in
itineraries or routes.
8. CARRIER'S
RIGHT TO INCREASE FARES AND CHARGES
At any time before sailing
the Carrier may increase the cruise fare or impose surcharges due to
increase in port charges, fuel, air/sea program or other costs which
charges shall be payable by the passenger.
9. HEALTH,
MEDICAL CARE AND OTHER PERSONAL SERVICES
All health, medical or other
personal services provided in connection with your cruise are provided
solely for the convenience and benefit of the passenger, who may be
charged for such services. Payment shall be made upon demand and prior to
disembarkation. You accept and use medicine, medical treatment and other
personal services available on the ship or elsewhere at your sole risk and
expense without liability or responsibility of the carrier. Doctors,
nurses, or other medical and service personnel work directly for the
passenger and shall not be considered to be acting under the control or
supervision of the Carrier, since the Carrier is not a medical provider.
Similarly, beauticians, manicurists, masseurs, photographers, instructors,
other service personnel, doctors and nurses shall be considered
independent contractors who work directly for the passenger. Passengers
use such services at their sole risk. The passenger agrees to indemnify
Carrier in the event Carrier elects to pay the cost of emergency medical
care, including transportation therewith.
10.
LIMITATIONS OF LIABILITY: PERSONAL INJURY, ILLNESS, DEATH, BAGGAGE AND
PERSONAL EFFECTS
A. PERSONAL
INJURY, ILLNESS, DEATH
The Carrier is not liable
for death, injury (including mental anguish), illness, damage, delay or
other loss to property of any kind caused by act of God, war, civil
commotions, labor trouble, governmental interference, perils of the sea,
fire, thefts or any other cause beyond the Carrier's reasonable control or
any other act not shown to be caused by the Carrier's negligence. Carrier
shall in no event be liable to the passenger in respect of occurrences
taking place outside the vessel or property or launches owned or operated
by Carrier or its employees. All tours, including pre- and post-cruise
tours, shore excursions and any and all connecting ground, vessel or air
transportation are owned and/or operated by independent contractors as to
which carrier makes no representations and assumes no responsibility. If
you use the ship's athletic or recreational equipment or take part in
organized activities, whether on the ship or as part of a shore excursion,
you assume the risks or injury, death, illness or other loss, for which
the carrier is not responsible.
The Carrier shall be
entitled to any and all liability limitations, immunities and rights
applicable to it under the "Convention Relating To Carriage Of Passengers
And Their Luggage By Sea" of 1974 as well as The "Protocol To The
Convention Relating To The Carriage Of Passengers and Their Luggage By
Sea" of 1976 ("Athens Convention"), which limits the liability of the
Carrier, if any, for loss, damage, death, personal injury or illness to
Standard Drawing Rights (SDR) 46,666 as defined therein, and/or the
exemptions from and limitations of liability provided in or authorized by
the laws of the United States (including Title 46 US. Code Section
181-186,188), as well as any other applicable nation's laws limiting the
Carrier's liability. Carrier shall be entitled to claim the benefit of
which ever law, regulation, treaty, doctrine or contractual provisions
provides the greatest legal protections to Carrier.
B. BAGGAGE
AND PERSONAL EFFECTS
You may take a reasonable
amount of luggage on board containing clothing, toilet articles and
personal effects not weighing more than a total of 200 pounds per person.
You must comply with any regulations, tariffs, terms or conditions of any
airline or other transportation provider which may include a lower weight
limit for baggage. You may not take on board firearms, controlled or
prohibited substances or inflammable or hazardous items, or any contraband
prohibited by local, state or national law. The ship's officers and crew
have the right to enter and search your stateroom, baggage or person for
any hazardous, controlled or prohibited substances or items. You agree
that the carrier's liability for loss or damage to baggage or personal
property is limited under all circumstances to U.S. $100.00 per passenger
unless at least 3 weeks prior to embarkation the passenger declares in
writing a higher value (in which event the higher value so declared up to
a maximum of $2,500.00 shall be the limit of the Carriers liability) and
the passenger pays to the Carrier at least three weeks in advance of
embarkation the full cost of insurance for such declared values. The
Carrier shall not be liable for any loss or damage to cash, negotiable
securities, documents, jewelry, computers, electronics, tools of the trade
or product samples whether kept in the cabin, in the passenger's baggage,
in the ship's safe or security boxes or otherwise. Items stored in the
ship's safety deposit boxes are subject to the same limitations as set
forth above.
Under no circumstance will
the Carrier be responsible for loss or damage to any item placed in the
security boxes unless the identity of the valuables and their value have
been declared in writing by the passenger. The Carrier does not undertake
to carry as baggage any money, valuables, precious stones, gold, silver or
any of the other articles listed in Section 4281 of the Revised Statutes
of the United States (46 U.S.C. Section 181). You should arrange to have
them shipped to your destination by other means. If any such goods are
contained in baggage, the Carrier shall have no liability with any respect
to them in any other capacity, either for negligence or otherwise.
When applicable, the Carrier
shall be entitled to any and all liability limitations, immunities and
rights applicable to it under the "Convention Relating to the Carriage of
Passengers and Their Luggage by Sea" of 1974 as well as the "Protocol to
the Convention Relating to the Carriage of Passengers and Their Luggage by
Sea" of 1976 (" Athens Convention"), which limits the liability of the
Carrier for loss, damage, or delay to baggage or other property to
Standard Drawing Rights" (SDR) 833 as defined therein. If the Athens
Convention is held not to apply for any reason, then the exemptions from
and limitations of liability provided in or authorized by the law of the
United States (including Title 46 US. Code Section 181-186,188) may apply,
as well as any other applicable nation's laws limiting the Carrier's
liability. Carrier shall be entitled to claim the benefit of which ever
law, regulation, treaty, doctrine or contractual provisions provides the
greatest legal protections to Carrier.
C.
LIMITATIONS OF CERTAIN DAMAGES
The Carrier hereby disclaims
all liability to the passenger for damages for emotional distress, mental
anguish or psychological injury of any kind under any circumstances, when
such damages were neither the result a physical injury to the passenger,
nor were the result of that passenger having been at actual risk of
physical injury, nor were intentionally inflicted by the Carrier.
D.
REPRESENTATIVE ACTIONS
Without waiving other
remedies available to the passenger, in law or in equity that are
consistent with the terms of this Contract, passenger and Carrier
specifically agree that it is their mutual intent that passenger shall in
no event file suit as representative plaintiff, join as a member, or
otherwise participate in any class action or other representative lawsuit
against the carrier.
E. LIMITATION
ON VICARIOUS LIABILITY
In consideration for the
cruise fare paid, it is agreed that the Carrier shall not be held
vicariously liable for the intentional or negligent acts of Carrier's
employees committed while off duty or outside the course and scope of
their employment.
11. TIME
LIMITS FOR CLAIMS/LAWSUITS.
THE CARRIER SHALL NOT BE
LIABLE FOR ANY PERSONAL INJURY, ILLNESS OR DEATH OF THE PASSENGER UNLESS
WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS IS DELIVERED TO THE
CARRIER OR ITS DULY AUTHORIZED AGENT WITHIN 185 DAYS AFTER THE DATE OF
INJURY, 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, ILLNESS OR DEATH, AND UNLESS SERVED ON CARRIER
WITHIN 120 DAYS AFTER FILING.
THE CARRIER SHALL NOT BE
LIABLE FOR ANY CLAIMS WHATSOEVER OTHER THAN FOR PERSONAL INJURY, ILLNESS
OR DEATH, UNLESS WRITTEN NOTICE OF CLAIM WITH FULL PARTICULARS IS
DELIVERED TO THE CARRIER OR ITS DULY AUTHORIZED AGENT WITHIN (7) DAYS
AFTER THE PASSENGER SHALL BE LANDED FROM THE VESSEL OR IN THE CASE THE
CRUISE IS ABANDONED WITHIN (7) DAYS THEREAFTER. NO SUIT WHATSOEVER OTHER
THAN FOR PERSONAL INJURY, ILLNESS OR DEATH, INCLUDING BUT NOT LIMITED TO
CLAIMS FOR BREACH OF CONTRACT, SHALL NOT BE MAINTAINABLE IN ANY EVENT
UNLESS FILED WITHIN SIX (6) MONTHS AFTER THE PASSENGER SHALL BE LANDED
FROM THE VESSEL OR IN THE CASE THE CRUISE IS ABANDONED WITHIN SIX (6)
MONTHS THEREAFTER AND UNLESS SERVED UPON CARRIER WITHIN 120 DAYS AFTER
FILING.
ALL NOTICES REQUIRED
HEREUNDER SHALL BE GIVEN TO CARRIER IN WRITING AT: SEADREAM YACHT CLUB,
2601 SOUTH BAYSHORE DRIVE, PENTHOUSE 1B, COCONUT GROVE, FLORIDA 33133
12. SUITS OR
LITIGATION OF ANY KIND AND VENUE.
THIS PASSAGE CONTRACT
APPLIES TO CLAIMS, SUITS AND LITIGATION OF ANY KIND WHETHER AGAINST THE
CARRIER "IN PERSONAM" OR THE VESSEL "IN REM", OR OTHERWISE. IT IS AGREED
BY AND BETWEEN THE PASSENGER(S) AND THE CARRIER THAT ANY AND ALL DISPUTES
AND MATTERS WHATSOEVER INCLUDING BUT NOT LIMITED TO CLAIMS ARISING UNDER,
IN CONNECTION WITH, OR INCIDENT TO THE PASSAGE CONTRACT, SHALL BE
LITIGATED, IF AT ALL, IN A COURT LOCATED IN FORT LAUDERDALE, FLORIDA, OR
THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
UNDER THE COURT'S ADMIRALTY JURISDICTION 28 U.S.C. §1333, TO THE EXCLUSION
OF ANY OTHER COUNTY, CITY, STATE OR COUNTRY.
PASSENGER HEREBY WAIVES ANY
RIGHT TO ARREST PURSUANT TO AN IN REM ACTIONS OR OTHERWISE DETAIN ANY OF
CARRIER'S VESSELS IN ANY JURISDICTION.
13.
INTERPRETATION OF CONTRACT, OTHER LAWS
Nothing in this contract
shall limit or deprive the Carrier of the benefit of the applicable
statutes or laws of the United States of America or any other country or
any international conventions providing for release from or limitation of
liability. There are no oral or implied agreements between you and the
Carrier and this contract can only be modified in writing and signed by
the Carrier. Any portion or provision of this contract which is invalid,
illegal or unenforceable shall be ineffective only to the extent of such
invalidity, illegality or unenforceability without affecting in any way
the remaining provisions of the contract which shall remain in full force
and effect.
14. ACTS OF
GOD, STRIKE, OR OTHER CONDITIONS BEYOND CONTROL
Except as otherwise provided
herein, Carrier shall not be liable for delay or inability to perform this
contract or any part thereof caused by or arising out of strikes, lockout
or labor difficulties or shortages whether or not the Carrier is party
thereto, or explosion, fire, collision, standing or foundering of the
vessel or breakdown or failure of or damage to the vessel or its hull or
machinery or fittings howsoever and wheresoever any or the same may arise
or be caused, or civil commotion, riot, insurrection, war, government
restraint, requisitioning of the vessel, political disturbance, acts or
threats of terrorism, inability to secure or failure or supplies including
fuel, Acts of God, or other circumstances beyond the Carrier's control. In
all such events, however, the provisions of paragraph 7 as applicable
shall prevail.
15. WARRANTIES
AND CONSEQUENTIAL DAMAGES
All warranties including
warranties of fitness for use and merchantability are expressly excluded
from this agreement. The Carrier shall not be responsible for
consequential damages. All travel involves certain risks and no warranty
of safe passage is made or inferred hereunder.
16. NON-USE OR
PART USE OF PASSAGE CONTRACT
If for any reason, the
contract is not used by the passenger for the passage/cruise on the date
and vessel indicated or any substitute vessel, or the contract is used for
only part of the stipulated passage/cruise, there shall be no right to any
refund and the Carrier shall have no obligation or liability for such
non-use to the passenger.
17. PASSENGER
SAFETY
The passenger admits a full
understanding of the character of the vessel and assumes all risks
incident to travel and transportation and handling of passenger and
cargo. The vessel may or may not carry a ship's physician or other
medical personnel at the election of the Carrier. While at sea or in port
the availability of medical care may be limited or delayed. Passenger
acknowledges that all or part of their voyage may be in areas where
medical care and evacuation may not be available or may be significantly
delayed.
Carrier's vessels visit
numerous ports in a number of countries. Carrier reserves the right to
alter or cancel itineraries, with or without notice for any reason,
including but not limited to in the interests of security and safety.
However, passengers must assume responsibility for their own safety and
Carrier cannot guarantee passenger's safety while on or off the vessel.
The United States Department of State and other governmental and tourist
organizations regularly issues advisories and warnings to travelers and
Carrier strongly recommends passengers obtain and consider such
information when making travel decisions. Passengers also should consult
all appropriate governmental agencies and authorities to determine if any
vaccines or special medical provisions or recommendations apply to the
regions passengers anticipate visiting. Carrier assumes no responsibility
for gathering such information. |