SIXTHMAN
– THE ROCK BOAT
TICKETING CONTRACT
IMPORTANT
NOTICE! THE FOLLOWING DOCUMENTS [COLLECTIVELY, THE
“CONTRACT”] CONTAIN:
(A) THE
CONTRACT BETWEEN YOU AND CARNIVAL CRUISE LINES [THE “TICKET
CONTRACT”] AND
(B)
SUPPLEMENTAL TERMS, CONDIIONS AND LIMITATIONS AS BETWEEN YOU AND
SIXTHMAN, LLC
WITH RESPECT TO THE CRUISE.
THESE
DOCUMENTS CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHTS. AND CONSTITUTE
A
LEGALLY BINDING CONTRACT BETWEEN YOU AND CARNIVAL CRUISE LINES AND
BETWEEN YOU
AND SIXTHMAN (AS DEFINED BELOW). PLEASE READ CAREFULLY ALL THE TERMS OF
THIS
CONTRACT, PAYING PARTICULAR ATTENTION TO SECTIONS 1 AND 13 THROUGH 17
OF THE
CARNIVAL CRUISE TICKET (below) AND SECTIONS 1 THROUGH 7 OF THE
SIXTHMAN, LLC /
THE ROCK BOAT SUPPLEMENTAL TERMS AND CONDITIONS AND RETAIN THEM FOR
YOUR FUTURE
REFERENCE.
The Rock
Boat Terms and Conditions are subject to change at any time.
The last
update of any Supplemental Terms and Conditions occurred on February
29,
2008.
The
Carnival ticketing contract text on this page was current as of February
29,
2008, but could be
changed at any time without notice. For the most current
Carnival
ticketing contract visit:
http://www.carnival.com/CMS/Static_Templates/ticket_contract.aspx
All
references to "Sixthman" shall be understood to include Sixthman, LLC
and any entity wholly owned by Sixthman, LLC or affiliated through
ownership
with the owners of Sixthman, LLC. All references to
"Carnival"
shall be understood to mean Carnival Cruise Lines. For
purposes hereof,
each reference to a Carnival "promotional partner" shall include
Sixthman. All references to the "Cruise" or to "The Rock
Boat" (or any variation of the event name) shall be understood to refer
to
The Rock Boat cruise aboard a Carnival Cruise Lines vessel.
All
references to "Guest" shall have the same meaning as
"Passenger" for purposes of this Contract and shall include each
person listed on a Ticket Contract and each person, other than Sixthman
personnel,
Carnival personnel, and artists and artist personnel, who embarks on
the Cruise
or attends any Cruise or Cruise related event, whether or not listed on
a
Cruise Ticket Contract. All terms shall be considered gender
neutral and
pronouns shall refer to the masculine and feminine as context requires.
Each
Guest’s reservation for the The Rock Boat Cruise, acceptance
and/or use of the
Ticket Contract, embarkation on the Cruise, and attendance at any
Cruise event
constitute the acceptance of and agreement to this Contract, including
each and
all of the Supplemental Terms and Conditions hereof and of the Carnival
Cruise
Lines Ticket Contract.
By
purchasing or accepting the Ticket Contract for the The Rock Boats
Cruise, you
represent to and for the benefit of Sixthman and Carnival that you are
authorized by all Guests named in your reservation group, including
each minor,
if any, to accept and agree on behalf of each such Guest to be bound by
all the
Supplemental Terms and Conditions of this 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 and event indicated. This Contract may not be
modified
except in writing signed by Sixthman and the Carnival Cruise Ticket
Contract
may not be modified except as provided therein. The terms, conditions
and
limitations herein shall apply to any and all disputes between you and
Sixthman, regardless whether arising aboard the vessel or in any other
place,
location or any mode of transportation whatsoever. All rights,
defenses,
disclaimers and limitations of liability set forth herein shall inure
to the
benefit of Sixthman, and all concessionaires, independent contractors
or other
providers of any services or facilities in connection with or incident
to the
Guest’s cruise, as well as any of their affiliated or related
companies,
parents, subsidiaries, successors, assigns or fictitiously named
entities; and
all suppliers, shipbuilders, component part manufacturers; and their
owners,
operators, managers, charterers, agents, pilots, officers, crew,
employees and
vessels. Neither Sixthman, nor any of its employees have any
authority to
change, modify, alter or suspend any of the provisions of the Contract
between
the Guest and Carnival which shall govern the relationship between
Guest and
Carnival exclusively.
SIXTHMAN
SUPPLEMENTAL TERMS AND CONDITIONS
The
following Supplemental Terms and Conditions are incorporated in and
made a part
of the Contract between each Guest and Sixthman. Each
reservation or acceptance
or utilization of the Carnival Cruise Ticket Contract or embarkation on
the
Cruise or attendance at any Cruise related event constitutes agreement
with and
acceptance of the following Supplemental Terms and Conditions, in
addition to
the terms and conditions of the Carnival Ticket Contract:
The The
Rock Boat Cruise is an event cruise featuring multiple headline
musicians.
Nothing contained herein is intended to be, nor shall it be construed
as a
right or guarantee to specifically attend any particular concert on any
particular date to be performed by any particular artist. Sixthman and
Guest
agree that Guest is purchasing passage on board a specific vessel
during a
specific period of time during which time it is anticipated that
headline
musicians will perform multiple concerts on board the vessel during the
Cruise.
Included in such purchase price, but ancillary thereto, is an
entertainment
package pursuant to which several artists including will perform at a
time or
times during the Cruise which times will be announced prior to sailing
and/or
during the Cruise. While every effort is made by Sixthman to avoid
conflicting
events and performances, Sixthman cannot guarantee that any Guest will
be able
to attend every performance aboard the Cruise. It is also anticipated
individual musicians will attend publicity and promotional events
during the
Cruise while on board to provide Guests an opportunity to meet the
musicians in
person. However, Sixthman can make no guarantee that any guest will in
fact be
able to meet any of the musicians in person during the Cruise or during
any
shore excursion.
Sixthman
reserves the right to increase published prices without
notice. In the event
of an increase, the Guest has the option of accepting the increased
fare or
canceling the reservation without penalty. Payment for the Cruise shall
be made
in US Dollars.
The
minimum payment schedule allows guests to make installment payments on
their cruise
over time. The date that you place your reservation will dictate your
minimum
deposit amount after which you would be required to make any future
payments
according to the schedule.
a. 25%
of cruise fees due at the time of reservation and;
b.
Additional 25% of cruise fees due on June 20, 2008 and;
c.
Additional 25% of cruise fees due on August 20, 2008 and;
d. Final
balance of charges due on October 17, 2008
Reservations
made after the final payment date of October 17, 2008, require a
minimum 50%
deposit, and must be paid in full within 30 days of the booking or 35
days from
the departure date (December 12, 2008), whichever comes first.
The
Sixthman reservation system will not complete a reservation on a single
card
that is declined but will complete a reservation paid for with multiple
cards
even if one-or-more, but not all, of the cards are declined. Should
your
initial payment not meet minimum payment due at the time of your
reservation
you will have 48 hours in which to bring your account into good
standing or
risk cancellation.
Payments
not received by the dates indicated are subject to a late fee of no
less than
$35.00 (USD). Any payment not received within 10 days after
the scheduled
date will be charged automatically to the credit card on file for the
Lead
Passenger (as hereinafter defined) or, in the event the initial payment
was
made by someone not traveling, the credit card on file for the initial
payment. In such a case the minimum late fee will be $50.00
(USD).
Payments not made or collected within 21 days of the due date will risk
cancellation of the reservation at the cancellation fee outlined below.
In
addition to the combined Cruise fare and entertainment fees, Sixthman
will
collect in advance all taxes, pre-paid gratuities, port charges and
fees,
including, without limitation, a $25.00 booking fee. The
parties agree
that the consideration for the entertainment portion of the Cruise
including
performance by all musicians on board during the Cruise shall be the
sum of
$199.00 (USD). The remaining consideration paid by each Guest
for the
Cruise shall be allocated to the ship passage portion including
stateroom and
meals. The individual making the reservation for the The Rock Boat
Cruise is
considered the “Lead Passenger” in whose name the
reservation is held. The
consideration for the cruise shall be deemed to be earned when paid and
is not
refundable.
Terms
and conditions defined in this paragraph supersede Carnivals’
policies.
Sixthman
does offer and RECOMMENDS (but does not require) that each Guest
purchase
travel insurance for the Cruise. Because of the nature and uniqueness
of the
The Rock Boat Cruise, there is a strict cancellation policy. All
changes,
transfers or cancellations may be made only by the Lead Passenger. The
Lead
passenger, in whose name the reservation is held, may change the name
of any
accompanying passenger in the same cabin once without charge prior to
the final
payment date. Any other reservation change, subsequent changes to the
name of
any accompanying passenger in the same cabin, or any change prior to
the final
payment date of October 17, 2008, will be subject to a minimum $50.00
administrative fee before the change is effected.
Any
reservation change made after October 17, 2008, is subject to the
following
administrative fee schedule before the change is effected:
October
18, 2008 through
November 17, 2008 - $50 per change
November
18, 2008 through
December 17, 2008 - $75 per change
Changes
or additions made
after December 17, 2008 - $100 per change
A
reservation for the cruise is valid only for the person(s) named within
as
Guests and cannot be transferred without Sixthman's written consent.
With
written consent, you may transfer your reservation to another party
with a $299
transfer fee charged to the reservation.
Sixthman
will not consent to a reservation transfer during any pre-sale period,
after an
event sell-out when a waiting list exists, or after the final-payment
date.
In the
event the reservation is cancelled by the Lead Passenger, Sixthman will
make
refunds of payments previously made strictly in accordance with the
provisions
of this paragraph. The Lead Passenger and each Guest are strongly urged
to
consider travel insurance to protect your trip. In lieu of
cancellation, the
Lead Passenger may request that his or her reservation be transferred
to
another person subject to the written consent of Sixthman and payment
of the
above-referenced transfer fee.
The
cancellation schedule is as follows:
Guests
that have purchased cruise insurance and need to cancel for a covered
condition
may be able to make a claim with the insurance carrier to recover any
lost
payments.
By
making the reservation for the The Rock Boat Cruise or by the accepting
and/or
using the Ticket Contract by the persons named thereon as Guests,
and/or
embarking on the Cruise and attending any Cruise-related events, the
Lead
Passenger and each Guest on the same reservation, acknowledges he or
she has
read, understands and agrees to be bound by each and every term,
condition and
provision of the Carnival Cruise Line, Inc. passenger Ticket Contract
and
agrees to be bound thereby. Each Guest further agrees that,
pursuant to
the provisions of paragraph 1(a) of the Carnival Cruise Ticket
Contract,
Sixthman, as charterer of the vessel, is included within the term
“Carnival” in
the Cruise Ticket Contract and that Sixthman shall be entitled to the
benefit
of all rights, terms, conditions, and limitations granted Carnival
thereunder
as a charterer of the vessel as though Sixthman were specifically named
therein.
Sixthman
has entered into an agreement with each performing artist on The Rock
Boat to
be present on board the Cruise and to perform in accordance with terms
specified therein. However, neither Sixthman nor Carnival shall be
liable or
responsible for failure of any artist or musician to appear on board or
to
perform under its agreement. Further, neither Sixthman nor
Carnival shall
be liable or responsible for any loss, damage, cost, or expense of any
kind to
any Guest or any other person or entity in the event that such
performance is
prevented or such loss, damage, cost, or expense is caused by or
results
directly or indirectly from any act of God, war, fire, collision,
directions of
underwriters, arrest, order or restraint by any government agency or
official
acting under color of authority, acts of terrorism, labor disturbances
or
disputes, civil commotion, weather conditions and considerations of the
safety
of the vessel (for which the Master shall be the sole judge),
breakdowns of or
damage to the vessel’s hull or machinery, requisition of the
vessel by
governmental authority, illness, death of a family member or other
cause or
circumstance beyond Sixthman’s reasonable control. In the
event of any failure
of contracted artists to perform during the cruise, Sixthman, in its
sole
discretion, may engage a replacement artist or artists, or may change,
postpone
or terminate all or any part of the Cruise or the entertainment program
or
change the program or itinerary. In such case, Sixthman,
shall have no
liability to any Guest for any loss, damage, cost or expense whatsoever
by
reason of such change.
In any
other case including without limitation any breach of contract or
failure to
perform by any artist or musician, Guest and Sixthman acknowledge that
Guest’s
actual losses arising from such breach, cancellation or termination
would be
difficult if not impossible to calculate at the time of entry into this
Agreement. A number of factors contribute to these uncertainties
including
without limitation the fact that Guest has embarked on a cruise and
other
substitute entertainment will be provided for Guest’s
enjoyment and the
difficulty of arranging substitute entertainment. Therefore, Guest
agrees that
the remedies described herein (substitution for any particular artist
or
musician or partial refund in the event of cancellation) represent fair
compensation in the nature of liquidated damages to the exclusion of
all other
damages payable by Sixthman or Carnival, whether direct or indirect,
proximate
or incidental or consequential, for such modification, cancellation or
termination of the Cruise by Sixthman. If the Cruise is
canceled as the
result of any material breach or gross negligence of Sixthman or of a
contracted artist or musician, Guest shall be entitled to the sum of
$125.00
representing a pro-rated amount of the entertainment portion of the
consideration paid by Guest. No Guest shall be entitled to
recover any
incidental or consequential losses or damages sustained by him or
her.
Each Guest agrees this remedy shall be his or her exclusive remedy.
Carnival
Cruise Lines has reserved, in paragraph 5 of the Carnival Ticket
Contract, the
right to cancel the Cruise, and by extension the Ticket Contract at the
port of
embarkation or at any time during the voyage. If the Cruise
is cancelled
completely prior to embarkation, each Guest shall receive a refund of
his or
her passage fare paid. If the Cruise is cancelled during the
voyage, each
Guest shall receive a refund of a proportionate part of his or her
passage fare
paid. Sixthman shall have no further liability for damages or
compensation of any kind.
It is
agreed by and between each Guest and Sixthman that all disputes and
matters
whatsoever arising under, in connection with or incident to this
agreement or
to The Rock Boat Cruise, including any dispute or matter arising out of
or
related to Guest’s travel to the vessel involving Sixthman,
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.
Sixthman is
registered with the State of Florida as a Seller of Travel
Registration, FST
#ST36087
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