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 /
SHIPS & DIP 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 23, 2008. The Norwegian Cruise
Lines ticketing contract text on this page was current as of April 23, 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 "Ships & Dip" (or any variation of
the event name) shall be understood to refer to Ships & Dip 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 Ships & Dip 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 Ships & Dip 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 Ships & Dip 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 July 17, 2008 and;
c. Additional 25% of cruise fees due on September 2, 2008 and;
d. Final balance of charges due on November 3, 2008
Reservations made after the final payment date of November 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 (December 26, 2009), whichever come s 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 $239.00 (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 Ships & Dip 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
Ships & Dip 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 November 3, 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 November3, 2008, will be subject
to a minimum $50.00 administrative fee before the change is effected.
Any reservation change made after November 3, 2008, is subject to the following
administrative fee schedule before the change is effected:
1. Name changes or unknown guest additions made between 11/4/08 & 12/3/08 - $50
per change
2. Name changes or unknown guest additions made between 12/4/08 & 01/2/08 - $75
per change
3. Name changes or unknown guest additions made after 01/2/09 - $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 November 3, 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.
Guests may transfer between Sixthman cruises, based on availability, for no fee by
06/30/08. Guest is responsible for any difference in cabin cost. If guest transfers to a
cabin of lesser cost, Sixthman will refund any excess monies paid. Transferring a
reservation between cruises between 06/30/08 & 08/31/08 will incur a $199 fee. No
transfers between cruises will be accepted after 08/31/08.
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 by 07/17/08, incur a $75pp admin fee
2. Cancellations made from 07/18/08 through 09/02/08, incur a 50% penalty of monies
received, plus a $75 pp admin fee
3. Cancellations made from 09/03/08 through 11/03/08, incur a 75% penalty of monies
received, plus a $75 pp admin fee
4. No refunds will be given to cancellations made after 11/03/08
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.
Please note that the per person admin fee is based on cabin capacity and not named
guests.
4. Acceptance and Agreement to NCL Ticket Contract
By making the reservation for the Ships & Dip 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 Ships & Dip 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 $239.00 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 Ships &
Dip 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 © 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