IMPORTANT NOTICE! THE FOLLOWING DOCUMENTS [COLLECTIVELY, THE
ŇCONTRACTÓ] CONTAIN:
(A) THE CONTRACT BETWEEN YOU AND NORWEGIAN CRUISE LINES [THE
ŇTICKET CONTRACTÓ] AND
(B) SUPPLEMENTAL TERMS, CONDITIONS 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
NORWEGIAN 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, 4 THROUGH
7 AND 9 THROUGH 11 OF THE NORWEGIAN CRUISE LINE GUEST TICKET
CONTRACT (below) AND SECTIONS 1 THROUGH 8 OF THE SIXTHMAN, LLC /
CAYAMO SUPPLEMENTAL TERMS AND CONDITIONS AND RETAIN THEM
FOR YOUR FUTURE REFERENCE.
Terms and Conditions are subject to change at any time. The last update of any
Supplemental Terms and Conditions occurred on April 21, 2008. The Norwegian Cruise
Lines ticketing contract text on this page was current as of April 21, 2008, but could be
changed at any time without notice. For the most current Norwegian Cruise Lines
ticketing contract visit:
http://www.ncl.com/csimages/75/492/Combined_Final_Land%20_Sea_TCs.pdf
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 "NCL" shall be understood to mean Norwegian
Cruise Lines. For purposes hereof, each reference to an NCL "promotional partner" shall
include Sixthman. All references to the "Cruise" or to "Cayamo" (or any variation of the
event name) shall be understood to refer to Cayamo cruise aboard an NCL 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, NCL 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 GuestŐs reservation for the Cayamo 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 NCL Ticket Contract.
By purchasing or accepting the Ticket Contract for the Cayamo Cruise, you represent to
and for the benefit of Sixthman and NCL 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 NCL 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 insure 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
GuestŐs 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 NCL which shall govern the
relationship between Guest and NCL 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 NCL 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 NCL
Ticket Contract:
1. Nature of the Cruise
The Cayamo 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 August 1, 2008 and;
c. Additional 25% of cruise fees due on October 1, 2008 and;
d. Final balance of charges due on December 1, 2008
Reservations made after the final payment date of December 1, 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 (January 23, 2009), 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 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 $277.00 (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 Cayamo Cruise is considered the ŇLead
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 NCL 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
Cayamo 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 December 1, 2008. 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 December 1, 2008, will be subject
to a minimum $50.00 administrative fee before the change is effected.
Any reservation change made after December 1, 2008, is subject to the following
administrative fee schedule before the change is effected:
1. Name changes or unknown guest additions made between 12/02/08 & 12/30/08 - $50
per change
2. Name changes or unknown guest additions made between 12/31/08 & 01/29/08 - $75
per change
3. Name changes or unknown guest additions made after 01/29/09 - $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 Lead Passenger status to another party with
a $299 transfer fee charged to the reservation. No lead passenger transfers will be
accepted in the event of a sell out, or after December 1, 2008.
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:
1. Cancellations made through by 08/01/08, incur a $75pp admin fee
2. Cancellations made from 08/02/08 through 10/01/08, incur a 50% penalty of monies
received, plus a $75 pp admin fee
3. Cancellations made from 10/02/08 through 12/01/08, incur a 75% penalty of monies
received, plus a $75 pp admin fee
4. No refunds will be given to cancellations made after 12/01/08
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 NCL Ticket Contract
By making the reservation for the Cayamo 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 NCL, 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 NCL Cruise Ticket Contract, Sixthman, as charterer
of the vessel, is included within the term ŇNorwegian Cruise LinesÓ in the Cruise Ticket
Contract and that Sixthman shall be entitled to the benefit of all rights, terms, conditions,
and limitations granted NCL 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 Cayamo to be
present on board the Cruise and to perform in accordance with terms specified therein.
However, neither Sixthman nor NCL 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 NCL 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 vesselŐs hull or machinery, requisition of the vessel by
governmental authority, illness, death of a family member or other cause or circumstance
beyond SixthmanŐs 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 GuestŐs 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 GuestŐs 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 Norwegian, 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 $277.00 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
NCL has reserved, in paragraph 6 section ŇaÓ of the NCL 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. Age Restrictions
Passengers must be 21 years of age or older on date ship embarks, unless accompanied by
an adult over the age of 25 booked in the same cabin, OR if a parent or legal guardian is
in an adjacent cabin. Ages will be verified at embarkation and any passenger who does
not meet the age requirements will be denied boarding and no refunds will be made.
There are two exceptions:
Married minor couple - The couple must have proof of marriage at embarkation or they
will be denied boarding and no refunds will be issued.
Domestic Partners/Same-Sex Union minor couple – The passengers must be documented
as legal Domestic Partners/Same-Sex Union at the time of booking. The couple must
have legal proof of partnership/union at embarkation or they will be denied boarding and
no refund will be issued.
8. 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 Cayamo
Cruise, including any dispute or matter arising out of or related to GuestŐs 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.
Copyright Š 2008 Sixthman, LLC. All Rights Reserved. Sixthman, LLC Privacy Policy
IMPORTANT NOTICE: Guests are advised to carefully read the terms and conditions of
the Contract set forth below which affect your legal rights and are binding. Acceptance or
use of this Contract shall constitute the agreement of Guest to the Terms and Conditions.
NCLCRUISE LINE
Guest Ticket Contract
1. Definitions: This Contract is between the Carrier and the Guest. The word ŇCarrierÓ
means NCL (Bahamas) Ltd. d/b/a NCL and/or NCL America, its subsidiaries, affiliates,
agents, assigns, as well as the named vessel or substitute vessel, including its master and
crew. The ŇGuestÓ is each person whose name appears on the face of this ticket and/or
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.
2. The Contract: The Guest agrees that this Contract governs the relationship between
the Guest and the Carrier, regardless of the GuestŐs 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 this Contract constitutes
the entire agreement between the Guest and Carrier, to the exclusion of 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 in the CarrierŐs brochures,
advertisements, and other promotional materials, or by third persons such as travel
agents. No person other than the person(s) named in the Guest Ticket Contract can use
the Guest Ticket Contract without the express written agreement of the Carrier. This
Contract is only valid for the cruise specified in the accompanying ticket. The Guest
acquiesces to the terms herein upon payment or, at the latest, upon presenting this
Contract to the Carrier for boarding. The rights, defenses, immunities and limitations of
liability set forth herein shall inure to the benefit of the Carrier and all concessionaires,
independent contractors or other service providers; 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.
3. Terms of Fare: The fare paid by the Guest for this ticket includes transportation on
the vessel named herein, full board, and ordinary shipŐs food, but does not include beer,
wine, spirits, sodas or mineral waters, nor service charges or expenses incurred for other
incidental or personal services/purchases. The fare does not include taxes and fees
imposed by governmental or quasi-governmental authorities. If governmental or quasi-
governmental action results in any element of such taxes and fees exceeding the estimates
used by Carrier for purposes of computing the quoted amount, Carrier reserves the right
to pass through the extra amount. The Guest agrees that the Carrier shall not be liable to
make any refund to the Guest for tickets that are wholly or partially unused by the Guest
except as otherwise expressly stated in this Contract, any law or government regulation to
the contrary notwithstanding. Refunds shall be made as specified herein and in the
cancellation policy section of the Terms and Conditions of the cruise brochure, which
policy is incorporated herein by reference.
Certain members of CarrierŐs crew are compensated by a combination of salary and
incentive programs that are funded in part by the service charge paid by each Guest. The
charge is intended to reward service provided in certain departments and job categories
and is distributed to employees according to CarrierŐs evaluation of job performance. A
portion of the service charge collected by Carrier is also used for fleet-wide crew welfare
programs. For these purposes a fixed service charge of $10 per person per day will be
added to your onboard account. For children ages 3-12, a $5 per person per day charge
will be added to your onboard account; there is no charge for children under the age of
three.
4. CarrierŐs Rules and Regulations.
(a) GuestŐs Agreement: The Guest agrees to abide by the rules of the Carrier, including,
but not limited to, the rules and regulations particularly set forth below, and to follow the
lawful instructions of the vesselŐs 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 to the Carrier for any refund or any other related loss or expense to the Guest,
and any accompanying Guest(s), whatsoever.
(b) CarrierŐs Right to Confine, or Refuse or Revoke Passage: The Guest recognizes and
agrees that the Carrier reserves the right, without incurring liability of any kind, to refuse
or revoke passage to, confine to a stateroom, and/or deny any advertised benefit or
service to any Guest who, in the sole judgment of the Carrier or the vesselŐs 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 for any other cause may
endanger themselves or others, or become obnoxious to others. Any Guest who is refused
passage or otherwise denied any advertised benefit or service under this section shall not
be entitled to receive any compensation whatsoever and shall become liable for any
resulting expenses incurred by the Carrier. Guest acknowledges that it is CarrierŐs policy
that all Guests must be onboard the vessel one (1) hour prior to sailing at the port of
embarkation and at all ports of call and agrees that it is the GuestŐs responsibility not to
miss such final boarding time. Any Guest who fails to board the vessel one (1) hour prior
to departure is at risk of being left at the port of embarkation or port of call. In such
event, Carrier shall have the right without notice to depart without the Guest and Guest
shall be fully responsible to pay for or indemnify the Carrier for all expenses incurred to
rejoin the ship 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 be entitled to no refund and shall be
deemed to have breached this Guest Ticket Contract. Further, in such event, the entire
fare shall be deemed fully earned by Carrier and no portion thereof shall be recoverable
by Guest.
(c) Guests under 21: Any Guest under 21 years of age is considered a minor who must be
accompanied by a Guest over age 21, in the same or an adjoining stateroom, who
expressly agrees to be responsible for the under-21 Guest throughout the cruise. The
Guest agrees that this responsibility includes, but is not limited to, preventing the under-
21 Guest from violating the shipŐs rules, including preventing the under-21 Guest from
purchasing and/or consuming alcohol and/or gambling on board the vessel, except as set
forth herein. Guests must be 21 years of age or older to purchase or consume alcohol,
except that Guests 18 through 20 years of age are permitted to purchase and consume
beer and wine only, when in international waters, on voyages apart from Alaska and
Hawaii, if accompanied by one or more of their parents or a legal guardian who gives
written consent. Guests must be 18 years of age to engage in gambling on the vessel.
(d) Minors: If the Guest is an adult accompanying a minor or minors, and the adult Guest
is not a spouse, parent, or legal guardian of the minor(s), the adult Guest must present an
original, notarized parental/guardian consent letter authorizing the minorŐs travel, and
further authorizing medical treatment in case of emergency, to a representative of the
Carrier at the pier. If the adult Guest is the spouse of a minor, the adult Guest must
present a certified copy of a valid marriage certificate to a representative of the Carrier at
the pier. Failure to present such documentation may result in boarding being denied with
no refund provided. When accompanying a minor or minors on the vessel, the adult
Guest agrees to be the agent of such minor(s) for all purposes, to accept full responsibility
for supervising such minor(s) and to bear full responsibility for the actions of such
minor(s). The adult Guest further agrees that the Carrier is not liable for injury to
minor(s) in the adult GuestŐs charge arising from the willful or negligent acts or
omissions of other Guests or persons who are otherwise not acting on behalf of the
Carrier. The adult Guest also agrees that under no circumstances will a minor be left
aboard the vessel, other than in the care of the shipŐs KidsŐ Crew or TeenŐs Crew
programs, while the adult Guest responsible for the minor leaves the vessel for any
reason, and in such circumstance to indemnify and hold Carrier harmless for any and all
loss, injury, or death of the minor or any other person involving the minor whatsoever.
(e) 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 Carrier, prior to the cruise, of the GuestŐs
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 shipŐs crew at the gangway to be retained by the Carrier until the Guest disembarks at
the end of the voyage. The Guest assumes all responsibility for complying with any
applicable customs or import laws relating to any such purchase.
(f) No Soliciting: The Guest shall not solicit other Guests, the CarrierŐs 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
Carrier.
(g) 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 vessel may travel to
destinations where medical care is unavailable. Therefore, the Guest warrants that the
Guest and those for whom the Guest is responsible are fit to travel. Any condition of the
Guest that may require special attention, accommodation or treatment of any kind must
be reported to the Carrier when a reservation is requested. A medical certificate certifying
fitness for travel may be required of any Guest at the CarrierŐs request. The Guest agrees
not to present herself for boarding under any circumstances if, by the time the Guest will
conclude her travel with the Carrier, she will have entered the 24th week of pregnancy.
The Guest further understands and agrees that no infants under the age of six (6) months
are permitted aboard the vessel. 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. The Carrier reserves the right to refuse or revoke
passage to anyone who fails to notify Carrier of any physical or emotional condition
which may require special assistance or accommodation, or who is, in the sole judgment
of the Carrier or vesselŐs medical personnel, as a result of such condition, unfit for travel,
or who may require care, treatment or attention beyond that which the Carrier can
provide. In such circumstances the Carrier shall have no liability to the Guest whatsoever.
Guests may not be able to participate in certain activities or programs either aboard the
vessel or onshore at ports of call if to do so would create a risk of harm to themselves or
any other Guest.
(h) Liability of the Guest: The Guest shall be liable to and shall reimburse Carrier for all
damages to the vessel and its furnishings and any equipment or property of the Carrier or
any other Guest caused directly or indirectly, in whole or in part, by any act or omission
of the Guest or those for whom the Guest is responsible, whether willful or negligent.
The Guest shall further indemnify the Carrier and each and all of their agents or servants
for 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.
5. Limitations and Disclaimers of Liability:
(a) The Carrier 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 Carrier is not an insurer of his or her safety during the
course of the voyage, and the Guest agrees that the Carrier shall not be liable in any
circumstances for any incident or injury arising from events occurring outside of the
Guest areas of the vessel or outside of the vessel itself, including but not limited to those
events occurring ashore (including shore excursions), on tenders not owned or operated
by the Carrier, on or resulting from equipment not a part of the vessel, or upon docks
and/or piers, or involving persons employed on board the vessel acting outside the course
and scope of employment.
(b) The Carrier 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, from that Guest having been at risk of actual physical injury, or
intentionally inflicted by the Carrier.
(c) On cruises that neither embark, disembark nor call at any U.S. port, the Carrier shall
be entitled to any and all limitations and immunities provided under the Athens
Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974, as
amended by the Protocol to the Convention Relating to the Carriage of Passengers and
Their Luggage by Seaof 1976, which limits CarrierŐs liability for death or personal injury
of a Guest to no more than 46,666 Special Drawing Rights as defined therein
(approximately U.S. $67,000 which fluctuates depending on the daily exchange rate
printed in the Wall Street Journal). In addition, and on all other cruises, Carrier and the
vessel shall have the benefit of any statutory limitation of liability or exoneration of
liability available in the applicable forum, or under any applicable national or
international law, including, but not limited to, 46 U.S.C. ¤¤ 30501 through 30509 and
30511.
(d) The Carrier shall not be liable for any injuries or damages which occur while
participating in 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, gymnasium, jogging, swimming, diving, health club and sauna
facilities. By utilizing said facilities, the Guest agrees to assume all risks arising
therefrom and does hereby fully release and discharge the Carrier from any and all
claims, demands, damages, causes of action, present or future, whether the same be
known, anticipated or unanticipated, resulting from or arising out of the GuestŐs use or
intended use of said facilities.
(e) For further provisions regarding limitations of the CarrierŐs liability, see also Sections
7 and 8, below.
6. Vessel and Voyage:
(a) 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
Carrier to reasonably control or mitigate. The GuestŐs understanding includes all risks of
travel, transportation, and handling of Guests and baggage. The Guest therefore assumes
the risk of and releases the Carrier from any injury, loss, or damage whatsoever arising
from, caused by, or in the judgment of the Carrier 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; 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 the vessel by legal process; strike, lockout or labor disturbance
(regardless whether such strike, lockout or labor disturbance results from a dispute
between the Carrier and its employees or any other parties); or from losses of any kind
beyond the CarrierŐs control. Under any such circumstances the voyage may be altered,
shortened, lengthened, or cancelled in whole or part without liability to the Carrier for a
refund or otherwise.
(b) Substitute Vessel: If the vessel does not sail on or about the advertised or scheduled
date for any reason, including fault of the Carrier, the Guest agrees that the Carrier shall
be entitled to substitute any other vessel or means of transportation, regardless of whether
owned or operated by the Carrier, and to re-berth Guests thereon or, at the CarrierŐs
option, to refund the fare paid or a pro rata portion thereof, without further liability for
damages or losses of any kind whatsoever.
(c) Itinerary Deviation: The Guest agrees that the Carrier 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 voyage or the
normal course for any purpose, including, without limitation, in the interest of Guests or
of the vessel, 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 Carrier 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.
(d) Transfer: The Guest agrees that the Carrier has an absolute right to transfer the Guest
and/or the GuestŐs baggage to other carriers, whether by water, rail or air, to or toward
the ultimate destination. In the event such substituted passage is for the convenience of
the Carrier, it shall be at the CarrierŐs cost. Otherwise, it shall be at the cost of the Guest.
(e) Compliance with Government Orders: The Carrier 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.
7. Baggage and Valuables:
(a) The term ŇbaggageÓ 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
Carrier 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 Carrier within any receptacle
or container as baggage, and hereby releases the Carrier from all liability whatsoever for
loss of or damage to such items when presented to the Carrier 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 indemnity the Carrier 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 Carrier shall
not be liable for any loss of or damage to any perishable items, dentures, optical devices
(including contact lenses), medications, cameras, recreational and/or sporting equipment,
cash, securities or other negotiable instruments under any circumstances whatsoever,
whether carried within the GuestŐs baggage or otherwise.
(b) The Guest and Carrier agree and stipulate that the aggregate value of all the GuestŐs
baggage and any other property lawfully brought on board by the Guest does not exceed
U.S. $100.00 and any liability of the Carrier or the vessel for any cause whatsoever with
respect to said baggage shall not exceed such sum unless the Guest shall specify its true
value, in writing, and pay to the Carrier before embarkation 5% of the excess of such
value, in which case the CarrierŐs liability, if any, shall be limited to the actual damage
sustained up to, but not exceeding such specified value. In no event shall Carrier be liable
for normal wear or tear of the GuestŐs property or baggage.
(c) The Guest agrees that all disclaimers and limitations of liability contained herein shall
apply to all valuables stored or accepted for storage by the Carrier, including valuables
stored with the Carrier in safety deposit boxes or security envelopes. The Carrier 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 Carrier be liable for loss
of or damage to property of any kind not shown by the Guest to have occurred while in
the CarrierŐs actual custody.
(d) The Guest agrees to promptly report any loss of or damage to baggage during loading
or disembarking, to the CarrierŐs personnel, prior to debarking the customs area; the
Carrier 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 Carrier does not guarantee the performance of such services and
shall not be liable in any respect or capacity for any such loss or damage.
(e) 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.
8. Independent Contractors:
(a) Off-Vessel Transport and Activities: The Guest recognizes and agrees that, if and
when the Carrier makes arrangements for the Guest for air transportation, hotel
accommodations, ground transfers, shore excursions, and/or for other transportation,
activities, services, facilities or amusements occurring off of the vessel, the Carrier does
so solely for the convenience of the Guest, the Carrier does not act on behalf of or
supervise the parties or persons who own, furnish, or operate such conveyances, services
or facilities, and the same are provided by independent contractors who work directly for
the Guest and are subject to such terms, if any, appearing in the tickets, vouchers or
notices of such party or parties. Therefore, the Guest agrees that the Carrier assumes no
responsibility for, nor guarantees the performance of, any such person, party, contractor,
service or facility, and that the Carrier shall not be liable for losses or injuries arising
from the acts or omissions of such person, party, contractor, service or facility.
(b) 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 Carrier shall not be held liable for any loss or
injury arising from the performance of such services.
(c) Payment for Optional Services: Such parties or persons described in 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.
(d) For-Profit Entity: Notwithstanding that the Carrier, at the GuestŐs option, arranges air
transportation, hotel accommodations, ground transfers, shore excursions and other
services with independent suppliers of suchservices, the Guest understands and agrees
that the Carrier, being a Ňfor profit entityÓ, earns a fee on the sale of such optional
services.
(e) Indemnity: Guest acknowledges and agrees that in the event the Carrier is found liable
to pay damages based on the negligence or other wrongful conduct of any person or
entity other than the Carrier, whether by way of joint and several liability or otherwise,
the Guest will indemnify and hold Carrier harmless for any and all such conduct and/or
damages. This agreement to indemnify and hold the Carrier harmless shall specifically
include, without limitation, all medical services provided on or off the vessel, as well as
all shore excursions, transportation or other facilities or activities provided or furnished
by any person or entity other than Carrier.
9. Medical Services and Facilities: The Guest recognizes and agrees that the Carrier 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 GuestŐs behalf
(hereinafter, ŇMedical ServicesÓ), it is understood and agreed that the Carrier does so
solely for the convenience of the Guest, that such Medical Services are provided by
medical professionals who work directly for the Guest, and that the Carrier does not
undertake to supervise, nor supervise or direct the actions of the person(s) providing such
Medical Services. The Guest therefore agrees that the Carrier cannot guarantee the
performance of such Medical Services, and that the Carrier 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 Carrier for any funds advanced on account
of any such charges.
10. Limitations on Actions:
(a) Suits for Injury or Death: The Guest agrees that no suit, whether brought in rem or in
personam, shall be maintained against the Carrier for emotional or physical injury, illness
or death of Guest unless written notice of the claim, including a complete factual account
of the basis of such claim, is delivered to the Carrier 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.
(b) 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 GuestŐs cruise, no matter how described, pleaded or styled, between
the Guest and Carrier, 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 (Ňthe ConventionÓ) and the Federal Arbitration Act, 9 U.S.C.
¤¤ 1, et seq., (ŇFAAÓ) 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 the American Arbitration Association
under its Commercial Dispute Resolution Rules and Procedures which are deemed to be
incorporated herein by reference. If you have a question about the arbitration
administrators mentioned above, you can contact them as follows: American Arbitration
Association, Bank of America Tower, 100 Southeast 2nd Street, Suite 2300, Miami,
Florida 33131; (305) 358-7777. 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 ARBITRATORŐS
DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR
CARRIER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN
ARBITRATION. An award rendered by an arbitrator may be entered in any court having
jurisdiction under the Convention or FAA. Carrier 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 14 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 Carrier unless written notice
giving full particulars of the claim is delivered to the Carrier 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.
(c) Guest Waives Right to Class Action Relief: THIS CONTRACT PROVIDES FOR
THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL
ACTION ON GUESTŐS OWN BEHALF INSTEAD OF THROUGH ANY CLASS
ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST
AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER
WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT
AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND
GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO
PARTICIPATE IN A CLASS ACTION. IF GUESTŐS CLAIM IS SUBJECT TO
ARBITRATION UNDER SECTION 10(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 10(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.
(d) Appointment of Guest as Legal Representative of Minor: If the Guest is traveling with
his or her natural born or adopted minor children, the Guest hereby agrees and stipulates
to the appointment of himself/herself as the legal representative of such minor children
within the meaning of 46 U.S.C. ¤ 30508(d) upon boarding.
11. 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 if he or she fails to do so the Carrier 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 Carrier for all penalties, fines, charges, losses and
expenses imposed upon or incurred by the Carrier due to the GuestŐs 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
Carrier resulting from the GuestŐs 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 section, the Carrier shall not be liable to refund the
GuestŐs fare or for any other damages or expenses whatsoever.
12. 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 GuestŐs agent and
the Guest shall remain liable to the Carrier for the full applicable cruise fare. The Carrier
shall not be responsible for any representations, insolvency or other conduct of a travel
agent, including but not limited to such agentŐs failure to remit any portion of the cruise
fare to the carrier, or any refund to the Guest. The Guest agrees that receipt of any
refunds or notices by the GuestŐs travel agent, including this Contract, shall constitute
receipt by the Guest.
13. Severability: Except as provided in Section 10(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.
14. Venue and Governing Law: Except as otherwise specified herein, this Contract shall
be governed in all respects by the General Maritime Law of the United States and, only
when not inconsistent with the provisions of this Contract or U.S. maritime law, the laws
of the State of Florida. 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 GuestŐs voyage, including any activities on or off the vessel or transportation
furnished therewith, with the sole exception of claims subject to binding arbitration under
Section 10(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.
15. Cancellation: Cancellation fees for cruise, air, land and other charges apply to all
Guests on the reservation. Cancellation fees for air, land and other charges will apply
even if the reservation is not cancelled in full. Gateway changes for air and name changes
for cruise, air, land and other add-ons are considered cancellations of those items.
Cancellations must be telephoned to our Reservations Department. Depending on when
the cruise is cancelled, cancellation charges will be assessed pursuant to the Terms and
Conditions of the cruise brochure, and cancellation charges are subject to change without
notice. Air tickets issued by our Air/Sea Department for Guests on our Air/Sea Programs
are refundable only to Carrier. Group Guest policies may differ and payment and
cancellation charges may differ by promotion. Refer to your travel agent, group booking
agreement or promotion for specific terms and conditions.
16. Use of Guest Likeness: The Guest consents to CarrierŐs use and display of the
GuestŐs likeness in any video, photograph or other depiction for any purpose, commercial
or otherwise, without compensation or liability of any kind. The GuestŐs consent extends
to minors and other persons in the care and charge of the Guest.
IMPORTANT NOTICE: Guests are advised to carefully read the terms and conditions
of the Contract set forth below which affect your legal rights and are binding. Acceptance
or use of this Contract shall constitute the agreement of Guest to the Terms and
Conditions.