IMPORTANT NOTICE! THE FOLLOWING DOCUMENTS [COLLECTIVELY, THE “CONTRACT”] CONTAIN:
(A) THE CONTRACT BETWEEN YOU AND NORWEGIAN CRUISE LINES [THE “TICKET CONTRACT”] 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 Guest’s 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 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 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 “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.
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:
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:
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 “Norwegian Cruise Lines” 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 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 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 “a” 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 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
Copyright © 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 “Carrier” 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 “Guest” 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 Guest’s age, whether the Guest purchased the ticket on his or her own behalf, and/or whether the ticket has been held and/or presented by another person on behalf of the Guest. The Guest agrees that 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 Carrier’s 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 ship’s 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 Carrier’s 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 Carrier’s 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. Carrier’s Rules and Regulations.
(a) Guest’s 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 vessel’s officers and crew, at all times. The Guest accepts that failure to do so constitutes a material breach of this Contract which may subject the Guest, as well as any accompanying Guest(s), to involuntary disembarkation without liability to the Carrier for any refund or any other related loss or expense to the Guest, and any accompanying Guest(s), whatsoever.
(b) Carrier’s 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 vessel’s medical personnel, may be refused admission into a port of landing or into the country of destination, or may be suffering from a contagious disease, or 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 Carrier’s 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 Guest’s 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 ship’s 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 minor’s 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 Guest’s 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 ship’s Kids’ Crew or Teen’s 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 Guest’s intention to bring such animal and agrees to accept full responsibility for any expense, damage, losses, or injuries associated with or caused by such animal. The Guest further understands and agrees that any alcoholic beverages purchased ashore shall not be brought or consumed aboard the vessel under any circumstances, but shall be delivered to the ship’s 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 Carrier’s employees, personnel or agents during the voyage with respect to any professional, commercial, or business activity, whether for profit or otherwise, without the prior written consent of the 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 Carrier’s 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 vessel’s 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 Carrier’s 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 Guest’s use or intended use of said facilities.
(e) For further provisions regarding limitations of the Carrier’s 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 Guest’s 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 Carrier’s 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 Carrier’s 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 Guest’s 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 Carrier’s 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 “baggage” means suitcases, valises, satchels, bags, hangers or bundles and their contents consisting of clothing, clothing accessories, toilet articles, and similar personal effects, including all other personal property of the Guest not in a container. The 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 Guest’s baggage or otherwise.
(b) The Guest and Carrier agree and stipulate that the aggregate value of all the Guest’s 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 Carrier’s 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 Guest’s 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 Carrier’s actual custody.
(d) The Guest agrees to promptly report any loss of or damage to baggage during loading or disembarking, to the Carrier’s 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 Guest’s 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 “for profit entity”, 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 Guest’s behalf (hereinafter, “Medical Services”), 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 Guest’s 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 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in Miami-Dade County, Florida, U.S.A. to the exclusion of any other forum. Guest hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in Miami-Dade, Florida. The arbitration shall be administered by 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 ARBITRATOR’S 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 GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST 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 GUEST’S 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 Guest’s failure to have proper documentation or otherwise comply with applicable laws or regulations of any kind. Any stamps on tickets, customs, excise or other taxes or fines on the Guest or the Carrier resulting from the Guest’s conduct, embarkation expenses, and all expenses of such a nature are to be paid by the Guest. If the Guest is denied boarding for failing to comply with the requirements of this section, the Carrier shall not be liable to refund the Guest’s 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 Guest’s 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 agent’s 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 Guest’s 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 Guest’s voyage, including any activities on or off the vessel or transportation furnished therewith, with the sole exception of claims subject to binding arbitration under Section 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 Carrier’s use and display of the Guest’s likeness in any video, photograph or other depiction for any purpose, commercial or otherwise, without compensation or liability of any kind. The Guest’s consent extends to minors and other persons in the care and charge of the Guest.
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
Land Packages Terms and Conditions
NCL (Bahamas) Ltd. d/b/a NCL and/or NCL America (hereafter “NCL”) grants the purchaser (“Purchaser”) of this Land Package Voucher (“Voucher”) participation in this Ground Package Program. Purchaser hereby agrees by acceptance of this Voucher and the services provided thereby, both on his/her behalf, and on behalf of any other person, including minors, for whom this Voucher is accepted, to all terms and conditions set forth herein.
1. Responsibility. Purchaser acknowledges that NCL does not own, control, maintain or supervise any airlines, air carriers, motorcoaches, taxis, ground carriers, hotels, restaurants, tour operators, sightseeing tours, or other transportation, facilities products, activities or services provided pursuant to this Voucher, nor their providers or employees. Purchaser acknowledges and agrees that each such provider is an independent contractor who is not and shall not be deemed an agent of NCL and that NCL makes no warranty or other representation regarding the suitability or safety of such providers or their conveyances, activities, facilities, products or services.
In arranging for the transportation of passengers, excursions, hotels, accommodations, food, lodging or any other activities, facilities, products or services provided in connection with this Voucher, NCL does so only as a convenience to the Purchaser and Purchaser hereby acknowledges and agrees that NCL shall not be liable or responsible for any loss, damage, injury, death or any other claim whatsoever arising out of any acts or omissions of any such provider or during any activities described in this voucher, including but not limited to delay or inconvenience caused by late air, car or motorcoach arrivals, nor for any loss or damage to baggage or other property of the Purchaser.
All personal property and personal effects shall be at “owner’s risk” at all times. Purchasers are cautioned against the risk of leaving personal articles in their hotel rooms or on conveyances. NCL does not assume any responsibility or liability whatsoever for any items or personal effects lost or damaged during any activity to which this Voucher applies.
In addition to the rights, defenses, immunities and limitations set for in its Guest Ticket Contract, and when not inconsistent with such Contract, NCL shall receive the benefit of all disclaimers and limitations of liability applicable to or issued by airlines, air carriers, motorcoaches, taxis, ground carriers, hotels, restaurants, tour operators or any other parties providing services pursuant to this Voucher.
2. Price. Prices for this Ground Package Program do not include food, beverages or other incidental items, fees and taxes not specified herein or in documents provided to Purchaser. Prices quoted are in U.S. Dollars and are those in effect at the time of printing. Prices are subject to change without notice.
3. Cancellations. In the event of strikes, lockouts, civil disturbances, weather or any other reason beyond its control, or in the interests of the safety and/or comfort of Purchaser or others, NCL may, at its sole discretion, cancel any services provided hereunder and may, but is not obligated to, offer substitute hotels or services and shall not be liable for any loss whatsoever to Purchaser by reason of such cancellation or substitution.
4. Severability. Should any provisions of these terms and conditions of this Voucher Contract be contrary to or invalid by virtue of the law of any jurisdiction, the remaining provisions herein shall remain in full force and effect.
5. Enforceability. Purchaser acknowledges and agrees that the terms and contained herein are contractual and binding and not a mere recital and by acceptance of this Voucher Purchaser agrees to its terms.
6. Entire Agreement. Except as otherwise provided for in the Guest Ticket Contract between NCL and the Purchaser for Purchaser’s cruise aboard NCL’s ship, the terms and conditions contained herein and in the Guest Ticket Contract shall be the entire agreement between NCL and Purchaser and shall supersede all representations or conditions contained in NCL’s advertisements, notices, brochures, or other literature and all promises and agreements made or claimed to have been made with Purchaser or any party representing Purchaser. In the event of any inconsistency between this Voucher and the Guest Ticket Contract, the latter shall control.
7. Venue and Governing Law. Except as otherwise specified in the Guest Ticket Contract, it is hereby agreed that the terms and conditions of this Voucher shall be governed and construed under the laws of the State of Florida without regard to conflicts of law principles thereunder. It is hereby agreed that any and all claims, disputes or controversies whatsoever arising from, related to, or in connection with this Voucher or the Ground Package Program associated therewith, including but not limited to transportation, with the sole exception of claims subject to binding arbitration under Section 10(b) of the Guest Ticket Contract, 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