SIXTHMAN – THE ROCK BOAT TICKETING CONTRACT
IMPORTANT NOTICE! THE FOLLOWING DOCUMENTS [COLLECTIVELY, THE
ÒCONTRACTÓ] CONTAIN:
(A) THE CONTRACT BETWEEN YOU AND CARNIVAL CRUISE LINES [THE
ÒTICKET CONTRACTÓ] 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 GuestÕs 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 GuestÕs 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:
1. Nature of the Cruise
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.
2. Pricing and Payments
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
ÒLead PassengerÓ in whose name the reservation is held. The consideration for the cruise
shall be deemed to be earned when paid and is not refundable.
3. Changes, Transfers and Cancellation
Terms and conditions defined in this paragraph supersede CarnivalsÕ 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:
a. Cancel by June 20, 2008, and get all monies back less $75.00 per-person administrative
fee
b. Cancel between June 21, 2008 and August 20, 2008, and get 50% of monies paid back
less $75.00 per-person administrative fee
c. Cancel between August 21, 2008 and October 17, 2008, and get 25% of monies paid
back less $75.00 per-person administrative fee
d. No refunds of any kind after October 17, 2008.
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.
4. Acceptance and Agreement to Carnival Cruise Lines Ticket Contract
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 ÒCarnivalÓ 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.
5. Breach or Cancellation by Performing Artist
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 vesselÕs hull or machinery, requisition of
the vessel by governmental authority, illness, death of a family member or other cause or
circumstance beyond SixthmanÕs 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 GuestÕs 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 GuestÕs 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.
6. Cancellation of the Cruise
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.
7. Forum
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 GuestÕs 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.
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