Events On Board Terms and Conditions
Please read this document fully and familiarise yourself with its terms before signing or agreeing electronically.
This document forms the contract between us and by agreeing (online or offline), you confirm that you understand and agree to be bound by its terms, which include a waiver of liability.
By accepting this contract, you do so on your own behalf and on behalf of any other party members attending the Event with you, whose permission you have to agree to this contract.
This document must be read and affirmed before access to the ship is granted.
This document forms the contract between us and by agreeing (online or offline), you confirm that you understand and agree to be bound by its terms, which include a waiver of liability.
By accepting this contract, you do so on your own behalf and on behalf of any other party members attending the Event with you, whose permission you have to agree to this contract.
This document must be read and affirmed before access to the ship is granted.
Virgin Cruises Intermediate Limited (“Virgin Voyages”) has agreed to make certain areas on board the Ship available to you as a “Visitor” during the Event, which does not include an overnight stay. Agreement of this document by you as a Visitor is a condition to you embarking the Ship.
In consideration of being granted limited access to the Ship, you, the Visitor, hereby agree and confirm as follows:
1. SUBJECT TO PARAGRAPH 2, NEITHER VIRGIN VOYAGES NOR ITS AFFILIATES, AGENTS, SERVANTS OR CONTRACTORS (TOGETHER “VIRGIN VOYAGES RESPONSIBLE PARTIES”) SHALL BE LIABLE WHATSOEVER FOR:
a. ANY INJURY, DEATH, ILLNESS, DAMAGE, DELAY OR OTHER LOSS TO YOU OR YOUR PERSONAL EFFECTS, LUGGAGE OR OTHER PROPERTY WHILE YOU ARE EMBARKING, ON BOARD, AND DISEMBARKING THE SHIP HOWSOEVER ARISING; OR.
b. ANY EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY VISITOR OR GUEST, OF ANY KIND UNDER ANY CIRCUMSTANCES.
2. NOTHING IN THIS CONTRACT LIMITS VIRGIN VOYAGE’S (OR ANY VIRGIN VOYAGES RESPONSIBLE PARTY’S) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, WILFUL MISCONDUCT, FRAUD OR ANY OTHER LIABILITY TO THE EXTENT IT CANNOT BE EXCLUDED OR LIMITED BY LAW.
3. WITHOUT LIMITING ANY PROVISION HEREIN, IN NO EVENT WILL ANY VIRGIN VOYAGES RESPONSIBLE PARTY BE LIABLE TO VISITOR FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES.
4. IN THE EVENT OF AN ‘IN REM’ PROCEEDING AGAINST THE SHIP, VISITOR HEREBY IRREVOCABLY AGREES THAT THE POSTING OF A LETTER OF UNDERTAKING FROM ANY OF VIRGIN VOYAGES’ INSURERS SHALL CONSTITUTE AN ADEQUATE AND APPROPRIATE FORM OF SECURITY FOR THE IMMEDIATE RELEASE OF THE SHIP IN LIEU OF ARREST.
5. UNLESS THE APPLICABLE LAW PROVIDES OTHERWISE, VISITOR AGREES THAT ANY LAWSUIT AGAINST VIRGIN VOYAGES WHATSOEVER SHALL BE LITIGATED BY VISITOR INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND VISITOR EXPRESSLY AGREES TO WAIVE ANY RIGHT, ENTITLEMENT AND/OR LAW ALLOWING VISITOR TO PARTICIPATE IN A CLASS ACTION. UNLESS THE APPLICABLE LAW PROVIDES OTHERWISE, VISITOR AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST VIRGIN VOYAGES, SHIP OR TRANSPORT WHATSOEVER SHALL BE LITIGATED BY VISITOR INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND VISITOR EXPRESSLY AGREES TO WAIVE ANY RIGHT ENTITLING VISITOR TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS.
6. Virgin Voyages does not accept any liability or pay any compensation where the Event is cancelled as a result of circumstances which are outside Virgin Voyages’ control, including war or threat of war, acts of terrorists or threats of such acts, riots or civil unrest, industrial action, natural or nuclear disaster, fire, adverse weather conditions, health risks, epidemics or public health emergencies, mechanical difficulties (which we could not have anticipated or avoided despite our normal comprehensive mechanical checks) and all similar circumstances outside our control.
7. Should the Event be cancelled for any reason, Virgin Voyages’ only liability to the Visitor will be to refund the Visitor the amount Virgin Voyages received from the Visitor.
8. Visitor confirms that in boarding the Ship, Visitor will comply with all applicable rules and regulations and will compensate Virgin Voyages for any additional expenses which Virgin Voyages incurs by reason of any non-compliance by you as the Visitor (whether negligent or not).
9. To the extent that Virgin Voyages may be held to be legally liable to you by virtue of any statutory or common law which supersedes or sets aside any other provision of this contract, such liability shall be based on the provisions contained in the 1974 Athens Convention on Carriage of Passengers and Their Luggage by Sea.
10. Safety and Security:
a. For security reasons, our agents may search you and your property with or without notice, when reasonable grounds exist to do so.
b. We reserve the right to confiscate any articles carried or contained in any items which we, in our sole discretion, consider dangerous or pose risk or inconvenience to the safety or security of the Ship or persons on board.
c. We reserve the right, without liability whatsoever, to refuse embarkation, disembark you, deny you service of alcohol, if your behavior is considered in Virgin Voyages’ sole opinion to constitute a risk to your own health or well-being, or that of any other Visitor, crew member or person, or to the safety of the Ship. Unruly, abusive or aggressive behavior toward other Visitors or crew will not be tolerated and may be grounds for disembarkation from the Event.
11. We will collect, use, process, and disclose your personal information in accordance with our Privacy Notice which forms part of this contract.
12. Photographs/digital recordings:
a. For the safety and security of Guests, we use closed circuit television (“CCTV”) or other surveillance means onboard the Ship. We also deploy body cameras on our Security Team members, which will record interactions with Visitors and Ship crew. CCTV and body camera footage may be retained and provided to police or other law enforcement, crime prevention, or regulatory agencies (in any jurisdiction) to detect or prevent crimes, assist in investigations, and apprehend and prosecute offenders.
b. Additionally, there are photographers and camera crew on board the Ship taking photographs and making videos of the Event. Photographers and camera crew are happy to take reasonable steps to avoid filming Visitors where the Visitor indicates that this is their preference, but Visitors may be included unless you tell us otherwise. We are unable to guarantee that Visitors will not be included in video footage and photographs on an incidental basis. We may desire to use such imagery/footage in our marketing or promotional materials in print, on television, on our website, on our social media sites, or other media. We will seek your express consent before doing so.
13. Damage Caused to Ship: Each Visitor shall be liable to and reimburse Virgin Voyages for all damage to the Ship and its furnishings, equipment and property caused by any wilful or negligent act or omission by a Visitor.
14. Special diets: Please note, Virgin Voyages does not have allergen-free kitchens. Virgin Voyages will make best efforts to provide requested accommodations but cannot guarantee our ability to do so.
15. Age Policy: Visitors must be 18 or older to embark the Ship.
16. Dispute Resolution: We both agree that any dispute, claim or other matter arising out of or in connection with this contract will only be dealt with by the Courts of England and Wales. The contract between us is governed by English law. Other conditions also apply. We shall also allow any dispute arising out of an alleged breach of contract or negligence by us to be referred to arbitration arranged with JAMS London, which will be subject to time frame, financial and other restrictions, as per the rules of the scheme.
17. Severance: If any part of these terms and conditions is held to be unenforceable or invalid, the remainder of the terms and conditions will still apply.
18. Waiver: No failure or delay by Virgin Voyages in exercising any rights under these terms and conditions shall operate as a waiver of that right.
19. All notices to the Virgin Voyages to be sent to:
Virgin Voyages
1000 S. Pine Island Road, Suite 600, Plantation, FL, USA 33326
Attn: Legal Department
In consideration of being granted limited access to the Ship, you, the Visitor, hereby agree and confirm as follows:
1. SUBJECT TO PARAGRAPH 2, NEITHER VIRGIN VOYAGES NOR ITS AFFILIATES, AGENTS, SERVANTS OR CONTRACTORS (TOGETHER “VIRGIN VOYAGES RESPONSIBLE PARTIES”) SHALL BE LIABLE WHATSOEVER FOR:
a. ANY INJURY, DEATH, ILLNESS, DAMAGE, DELAY OR OTHER LOSS TO YOU OR YOUR PERSONAL EFFECTS, LUGGAGE OR OTHER PROPERTY WHILE YOU ARE EMBARKING, ON BOARD, AND DISEMBARKING THE SHIP HOWSOEVER ARISING; OR.
b. ANY EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY VISITOR OR GUEST, OF ANY KIND UNDER ANY CIRCUMSTANCES.
2. NOTHING IN THIS CONTRACT LIMITS VIRGIN VOYAGE’S (OR ANY VIRGIN VOYAGES RESPONSIBLE PARTY’S) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, WILFUL MISCONDUCT, FRAUD OR ANY OTHER LIABILITY TO THE EXTENT IT CANNOT BE EXCLUDED OR LIMITED BY LAW.
3. WITHOUT LIMITING ANY PROVISION HEREIN, IN NO EVENT WILL ANY VIRGIN VOYAGES RESPONSIBLE PARTY BE LIABLE TO VISITOR FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES.
4. IN THE EVENT OF AN ‘IN REM’ PROCEEDING AGAINST THE SHIP, VISITOR HEREBY IRREVOCABLY AGREES THAT THE POSTING OF A LETTER OF UNDERTAKING FROM ANY OF VIRGIN VOYAGES’ INSURERS SHALL CONSTITUTE AN ADEQUATE AND APPROPRIATE FORM OF SECURITY FOR THE IMMEDIATE RELEASE OF THE SHIP IN LIEU OF ARREST.
5. UNLESS THE APPLICABLE LAW PROVIDES OTHERWISE, VISITOR AGREES THAT ANY LAWSUIT AGAINST VIRGIN VOYAGES WHATSOEVER SHALL BE LITIGATED BY VISITOR INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND VISITOR EXPRESSLY AGREES TO WAIVE ANY RIGHT, ENTITLEMENT AND/OR LAW ALLOWING VISITOR TO PARTICIPATE IN A CLASS ACTION. UNLESS THE APPLICABLE LAW PROVIDES OTHERWISE, VISITOR AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST VIRGIN VOYAGES, SHIP OR TRANSPORT WHATSOEVER SHALL BE LITIGATED BY VISITOR INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND VISITOR EXPRESSLY AGREES TO WAIVE ANY RIGHT ENTITLING VISITOR TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS.
6. Virgin Voyages does not accept any liability or pay any compensation where the Event is cancelled as a result of circumstances which are outside Virgin Voyages’ control, including war or threat of war, acts of terrorists or threats of such acts, riots or civil unrest, industrial action, natural or nuclear disaster, fire, adverse weather conditions, health risks, epidemics or public health emergencies, mechanical difficulties (which we could not have anticipated or avoided despite our normal comprehensive mechanical checks) and all similar circumstances outside our control.
7. Should the Event be cancelled for any reason, Virgin Voyages’ only liability to the Visitor will be to refund the Visitor the amount Virgin Voyages received from the Visitor.
8. Visitor confirms that in boarding the Ship, Visitor will comply with all applicable rules and regulations and will compensate Virgin Voyages for any additional expenses which Virgin Voyages incurs by reason of any non-compliance by you as the Visitor (whether negligent or not).
9. To the extent that Virgin Voyages may be held to be legally liable to you by virtue of any statutory or common law which supersedes or sets aside any other provision of this contract, such liability shall be based on the provisions contained in the 1974 Athens Convention on Carriage of Passengers and Their Luggage by Sea.
10. Safety and Security:
a. For security reasons, our agents may search you and your property with or without notice, when reasonable grounds exist to do so.
b. We reserve the right to confiscate any articles carried or contained in any items which we, in our sole discretion, consider dangerous or pose risk or inconvenience to the safety or security of the Ship or persons on board.
c. We reserve the right, without liability whatsoever, to refuse embarkation, disembark you, deny you service of alcohol, if your behavior is considered in Virgin Voyages’ sole opinion to constitute a risk to your own health or well-being, or that of any other Visitor, crew member or person, or to the safety of the Ship. Unruly, abusive or aggressive behavior toward other Visitors or crew will not be tolerated and may be grounds for disembarkation from the Event.
11. We will collect, use, process, and disclose your personal information in accordance with our Privacy Notice which forms part of this contract.
12. Photographs/digital recordings:
a. For the safety and security of Guests, we use closed circuit television (“CCTV”) or other surveillance means onboard the Ship. We also deploy body cameras on our Security Team members, which will record interactions with Visitors and Ship crew. CCTV and body camera footage may be retained and provided to police or other law enforcement, crime prevention, or regulatory agencies (in any jurisdiction) to detect or prevent crimes, assist in investigations, and apprehend and prosecute offenders.
b. Additionally, there are photographers and camera crew on board the Ship taking photographs and making videos of the Event. Photographers and camera crew are happy to take reasonable steps to avoid filming Visitors where the Visitor indicates that this is their preference, but Visitors may be included unless you tell us otherwise. We are unable to guarantee that Visitors will not be included in video footage and photographs on an incidental basis. We may desire to use such imagery/footage in our marketing or promotional materials in print, on television, on our website, on our social media sites, or other media. We will seek your express consent before doing so.
13. Damage Caused to Ship: Each Visitor shall be liable to and reimburse Virgin Voyages for all damage to the Ship and its furnishings, equipment and property caused by any wilful or negligent act or omission by a Visitor.
14. Special diets: Please note, Virgin Voyages does not have allergen-free kitchens. Virgin Voyages will make best efforts to provide requested accommodations but cannot guarantee our ability to do so.
15. Age Policy: Visitors must be 18 or older to embark the Ship.
16. Dispute Resolution: We both agree that any dispute, claim or other matter arising out of or in connection with this contract will only be dealt with by the Courts of England and Wales. The contract between us is governed by English law. Other conditions also apply. We shall also allow any dispute arising out of an alleged breach of contract or negligence by us to be referred to arbitration arranged with JAMS London, which will be subject to time frame, financial and other restrictions, as per the rules of the scheme.
17. Severance: If any part of these terms and conditions is held to be unenforceable or invalid, the remainder of the terms and conditions will still apply.
18. Waiver: No failure or delay by Virgin Voyages in exercising any rights under these terms and conditions shall operate as a waiver of that right.
19. All notices to the Virgin Voyages to be sent to:
Virgin Voyages
1000 S. Pine Island Road, Suite 600, Plantation, FL, USA 33326
Attn: Legal Department