THIS TICKET CONTRACT (“CONTRACT”) IS A LEGALLY BINDING CONTRACT, WHETHER OR NOT SIGNED BY GUEST OR GUEST'S RESPONSIBLE ADULT. IT IS ISSUED BY THE CARRIER AND IS BINDING UPON THE GUEST ONCE HE/SHE BOOKS THE CRUISE. IT CONSTITUTES A CONTRACT OF CARRIAGE. EACH GUEST EXPLICITLY AGREES TO THE TERMS HEREIN, AND AGREES AND UNDERSTANDS HE/SHE IS BOUND BY THE APPLICABLE PROVISIONS OF THIS CONTRACT AFTER THE CRUISE TERMINATES. THE GUEST AGREES CARRIER MAY CHANGE, MODIFY, AND UPDATE THE TERMS AND CONDITIONS HEREIN, AND NOTICE MAY OR MAY NOT BE GIVEN.
THE GUEST (AND RESPONSIBLE ADULT, IF APPLICABLE) SHOULD PAY SPECIAL ATTENTION TO THE EMPHASIZED TEXT IN SECTIONS 4, 5, 13, 14, 15 17, AND 20, WHICH MAY LIMIT THE RIGHTS OF GUEST AND EXCULPATE FROM LIABILITY THE CARRIER, THE VESSEL, AND ANY OF THEIR AGENTS, EMPLOYEES OR CONTRACTORS.
TERMS AND CONDITIONS OF TICKET CONTRACT
1.1.1. "Guest" means the passenger traveling under this Contract and each such passenger’s heirs and Representatives, including a Responsible Adult signing on behalf of another as described in subsection 1.1.11.
1.1.2. "Carrier" means Virgin Cruises Intermediate Limited, (“Virgin Voyages”), and the Vessel itself (or a substitute Vessel).
1.1.3. “Carrier Affiliates” includes any other company or entity that is in any way related to Carrier in any manner not included as Carrier Suppliers and officers, directors, agents, and employees of said affiliates.
1.1.4. “Sailor Services” refers to the Carrier’s customer service call center, available at 1-954-488-2955 or through Carrier’s “Contact Us” web page.
1.1.5. “Carrier Suppliers” includes suppliers of goods and services, and includes but is not limited to caterers, concessionaires, physicians, spa personnel and medical personnel, all shore excursion and/or tour operators, independent contractors, as well as designers, installers, and manufacturers of the Vessel or any component parts or tenders thereof, and all of their respective agents, servants and employees.
1.1.6. “Representatives” includes, but is not limited to, travel agents or brokers, charterers, and any and all agents or persons booking a Cruise on behalf of another person or persons.
1.1.7. "Vessel" means a ship chartered, operated, or provided by the Carrier on which the Guest is or may be traveling or, as the case may be, against which the Guest may have a claim.
1.1.8. "Master" means the Captain or his/her delegated or designated subordinate on the Vessel.
1.1.9. "Property" means such belongings, effects and possessions, including Baggage, and the like, as the Guest may bring aboard the Vessel or acquire during the Cruise, irrespective of whether the property is placed in the Guest's stateroom or worn by the Guest, or, stored in the Vessel's baggage compartment or holds.
1.1.10. "Baggage" includes, but is not limited to, the luggage, bag(s), and/or suitcase(s), in or by which the Guest contains and transports that Property not worn on the person on to and off of the Vessel.
1.1.11. “Responsible Adult” means the parent, guardian, or escort of a young adult Guest 18 through 20 years old (“Under-21 Adult”), or the guardian or other legal representative of a person that is not competent to contract. A Responsible Adult must be at least 21 years old, and on the same Cruise as the Under-21 Adult or persons not competent to contract.
1.1.12. “Cruise” means the duration of the Guest’s time spent on board the Vessel for the trip on board the Vessel as indicated in the documentation provided by the Carrier. It starts from the time the Guest first steps on board the embarkation platform directly attached to the Vessel enroute to boarding the Vessel on the sailing date and lasts until the time the Guest steps off the embarkation platform directly attached to the Vessel after finally departing the Vessel after Vessel is moored at the port of disembarkation. An embarkation platform as mentioned in this subsection 1.1.12 ends at the point it is shackled or attached to another platform, brow, ramp, gangway, or the like, that ultimately leads to shore or tender.
1.1.13. “Wearable” means the device affixable to the Guest’s wrist, which concurrently serves as Guest’s electronic ID, boarding pass, credit device on the Vessel, and cabin key.
1.1.14. “Voyage Card” is a plastic credit-card sized card that serves the same function as the Wearable, and is available should the Guest opt to not use the Wearable.
1.2. This Contract constitutes the entire understanding and agreement between the Guest and the Carrier, and supersedes any prior oral, implied, written, or other representations or agreements between Guest and the Carrier. It governs the relationship between the Guest and the Carrier, whether the Cruise is purchased by the Guest or on Guest’s behalf by a Representative, and can only be modified by a writing authenticated by the Carrier as evidenced by posting on Carrier’s website or by a writing signed by an authorized representative of the Carrier’s Legal Department.
1.4. This Contract is valid only for the Guest named for the Cruise indicated and is not transferable or assignable without the Carrier's consent, which shall be finally confirmed by email. You may sell, assign or transfer your booking up to 48 hours before the Cruise, in which case the buyer, assignee, or transferee is bound by this Contract. No person other than that named on the booking confirmation paperwork may use the Wearable device, or the Voyage Card if opted for. Cruise fare and charges prepaid shall be deemed fully earned when paid and shall not be refunded in whole or in part except in compliance with Section 6 herein.
1.5. This Contract shall be deemed to be an undertaking and acknowledgement by Guest, on behalf of him/herself, and his/her heirs and representatives that s/he and they accept and agree to all the terms and conditions herein.
1.6. Any persons not competent to contract must be identified to the Carrier at the time of booking and must be accompanied on the Cruise by a Responsible Adult. In the case of a person not competent to contract, this Contract constitutes a binding Contract between the Carrier and the Responsible Adult, who contracts as an individual and on behalf of the person not competent to contract.
1.7. Should any provision of this Contract be deemed invalid for any reason, the Guest agrees 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.
2.1. The Fare includes cabin accommodation, transport on the Vessel, meals on board (except the “Dinnertainment Show”), water, soda, basic wi-fi services (i.e., access to non-streaming social media, email, non-video internet connection), hotel services, certain group fitness classes, theater shows, music events, parties, Virgin Voyages “Paparazzi Photos,” and hotel services service charges.
2.2. The Fare does not include alcoholic beverages, specialized tea and coffee beverages, fresh/cold press juices, energy drinks, spa treatments and salon services, individual exercise classes or specialized small group fitness classes that are not available to all Guests aboard the Vessel, premium entertainment package (i.e., streaming internet), “Dinnertainment” Shows, tattoo or piercing services, casino and gambling activities, transfers and airfares (unless pre-purchased through Carrier as an add-on component), hotel stays pre-/post-Cruise (unless pre-purchased), retail shopping, shore excursions, specialized photography packages, video arcade, phone calls off the ship, satellite connection for mobile phones, laundry services, travel protection (i.e., travel insurance, travel medical insurance, & baggage insurance), medical services, independent contractors’ services or products not already listed, any credit card surcharges, and taxes on the provision of additional services, including services that are not provided by the Carrier.
2.3. Fares do not include certain taxes, fees, port expenses and charges imposed by governmental or quasi-governmental authorities, including port authorities, security surcharges, or similar incidental surcharges, for which Guests will be charged. 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.
2.4. The items excluded from the Fare in sections 2.2 and 2.3 are not exhaustive; other fees and services may be excluded as well.
2.5. 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 in Sections 6 and 7 herein.
2.6. The Guest shall pay in full all charges for goods and services incurred or incurred by the Carrier on his/her behalf, before the end of the Cruise.
2.7. Carrier reserves the right to collect the Fare in effect for the accommodations selected by the Guest. Carrier shall be entitled to, but not obligated to, upgrade any Guest free of charge to higher priced accommodations, at the sole discretion of Carrier. Carrier shall not be obligated to honor any booking resulting from, nor shall the Carrier be responsible or liable whatsoever in connection with, misprints or errors of any kind, whether in hard-copy advertisements, on the Internet, during the booking process or otherwise, that result in Guest being undercharged for the Cruise. Carrier reserves the right, prior to sailing, to collect the correct fare or cancel the booking and refund any payment made by Guest. Carrier reserves the right to cancel any booking and/or deny boarding to any Guest that maintains an outstanding balance in any amount owed to Carrier or who fails to pay an outstanding balance on the Cruise Fare by the due date.
2.8. The Vessel crew is compensated by a combination of salary and incentive programs that are funded in part by the service charges included but not limited to the price of the Cruise Fare, alcoholic beverages, specialty coffee/tea, fresh juices, and spa/sauna services. A certain segment of the service charges is further partitioned to reward exemplary service and is distributed to employees according to Carrier's evaluation of job performance.
3.1. Guests shall present themselves for boarding no earlier than the embarkation time printed on their Cruise documents and no later than necessary to be able to be on board the Vessel, which is two hours before scheduled departure at the port of embarkation to complete any pre-boarding procedures and security inspections. At ports of call, Guests shall be on board the Vessel at least one hour before scheduled departure, or as promulgated during the Cruise.
3.2. A passport is required for a Guest to board the Vessel. In addition, upon embarkation, the Guest shall have in his or her possession, and assumes all responsibility for obtaining, all visas and/or any other travel and health documents required by any governmental authority, and if s/he fails to do so the Carrier shall have no further obligation to transport or to furnish transportation to the Guest. Proper travel documentation and eligibility to travel is required at the embarkation and throughout the Cruise. The Guest is advised to consult his or her travel agent or appropriate governmental authorities concerning required documentation for travel. The Guest shall indemnify the Carrier for all penalties, fines, taxes, 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.
3.3. Any such Guest, or any Guest who fails to board the Vessel at the port of embarkation or a port of call shall be ineligible to board the Vessel thereafter without Carrier’s consent, and shall not attempt to do so at the same or another port without such consent. Such Guest shall not be entitled to a refund or compensation of any kind. Under no circumstances shall the Carrier be liable for any costs, damages or expenses whatsoever incurred by any Guest as a result of such failure, cancellation, or denial of boarding.
3.4. The Guest shall comply with orders or direction in drills or emergency situations.
3.5. The Guest shall remain in the Guest areas of the Vessel at all times, except when orders or direction to the contrary are issued in an emergency or drill. The Guest acknowledges that the Carrier is not an insurer of his or her safety during the course of the Cruise, 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, unless the Guest is present outside the Guest areas of the Vessel pursuant to an order issued in an emergency or drill.
3.6 Each Guest is allowed to bring aboard the Vessel a reasonable amount of clothing and personal effects, not to exceed 2 bags per person. Luggage may not exceed 23 kg/bag. The two-bag limit does not include carry-on bags, which are not limited. Every piece of baggage must be distinctly labeled with the Guest's name, Vessel's name, stateroom number, and sailing date.
3.7 Responsible Adult. Each Guest and the person signing as the Responsible Adult for that Guest shall be liable jointly and severally to the Carrier, and shall reimburse the Carrier, for all loss, damage, fees, and/or cost sustained by the Carrier caused directly or indirectly, in whole or in part, by reason of any act or omission of the Guest over whom the Responsible Adult is responsible. The Responsible Adult shall also pay to Carrier the prevailing costs and fees imposed by Carrier relating to the Responsible Adult’s failure to adequately supervise, control or care for the Guest over whom the Responsible Adult is responsible. Further, the Responsible Adult and the Guest over whom the Responsible Adult is responsible shall jointly and severally defend, indemnify, and hold harmless the Carrier from and against any liability (including reasonable legal fees) Carrier may incur to any person or entity (private or governmental) for any death, injury, damage, fine or penalty arising directly or indirectly, in whole or in part, by reason of any act or omission of the Guest over whom the Responsible Adult is responsible.
4.1. The Carrier shall in no event be liable to the Guest in respect of any occurrence ashore, prior to embarking or after disembarking the Vessel, except for negligence of the Carrier or its employees acting within the course and scope of employment during transportation by water to or from the Vessel which is carried out by means of a conveyance provided by the Carrier. This exclusion of liability includes incidents occurring during shore excursions, or tendering operations not owned, operated, or controlled by the Carrier.
4.2. All arrangements made for or by Guests for (a) transportation or travel by air, water, or on the ground, (b) shore excursions and activities, (c) tours, (d) hotels, (e) restaurants, or (f) other similar activities or services, are made solely for Guests’ convenience and are at Guests’ risk. Even though the arrangements may be sold or made on board the Vessel or through the Carrier’s website, the Carrier does not act on behalf of, supervise or control the parties or persons who own, furnish, or operate such conveyances, services or facilities.
4.3. THE PARTIES OR PERSONS WHO OWN, FURNISH, OR OPERATE SUCH CONVEYANCES, SERVICES, OR FACILITIES, OR SHORE EXCURSIONS STATED ABOVE IN SECTION 4.2 OF THIS CONTRACT, ARE NOT ACTING AS AGENTS OR REPRESENTATIVES OF THE CARRIER, AND ARE INDEPENDENT CONTRACTORS WHO WORK DIRECTLY FOR THE GUEST. THE CARRIER DOES NOT OWN OR CONTROL ANY OF THESE INDEPENDENT CONTRACTORS, NOR SHALL THE CARRIER BE RESPONSIBLE IN ANY WAY FOR THE CONDUCT, PRODUCTS, FACILITIES OR SERVICES PROVIDED BY SUCH INDEPENDENT CONTRACTORS. 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, VICARIOUSLY OR OTHERWISE, FOR LOSSES OR INJURIES ARISING FROM THE ACTS OR OMISSIONS OF SUCH PERSON, PARTY, CONTRACTOR, SERVICE, OR FACILITY. EVEN THOUGH CARRIER MAY COLLECT A FEE FROM MAKING ARRANGEMENTS AND OFFERS FOR SHORE EXCURSIONS, TOURS, HOTELS, RESTAURANTS, ATTRACTIONS, AND OTHER SIMILAR ACTIVITIES OR SERVICES TAKING PLACE OFF THE VESSEL FOR A PROFIT, IT DOES NOT UNDERTAKE TO SUPERVISE OR CONTROL SUCH INDEPENDENT CONTRACTORS OR THEIR EMPLOYEES, NOR MAINTAIN THEIR CONVEYANCES OR FACILITIES, AND MAKES NO REPRESENTATION, WHETHER EXPRESS OR IMPLIED, REGARDING THEIR SUITABILITY OR SAFETY. IN NO EVENT SHALL CARRIER BE LIABLE FOR ANY LOSS, DELAY, DISAPPOINTMENT, DAMAGE, INJURY, DEATH, OR OTHER HARM WHATSOEVER TO PASSENGER WHICH OCCURS ON OR OFF THE VESSEL OR THE TRANSPORT AS A RESULT OF ANY ACTS, OMISSIONS OR NEGLIGENCE OF ANY INDEPENDENT CONTRACTORS. SEE SECTION 5 AND SUBSECTION 16.1 FOR OTHER IMPORTANT INFORMATION RELATING TO SHIPBOARD OUTSIDE/INDEPENDENT CONTRACTORS.
4.4. Guests are subject to such terms, if any, appearing in the tickets, vouchers or notices of excursion operators, conveyance operators, and other such party or parties.
4.5. 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 such services, the Guest understands and agrees that the Carrier earns a fee on the sale of such optional services. Nothing in these agreements or contracts with Carrier Suppliers are intended to confer any third party benefits to the Guests.
5.1. MEDICAL PERSONNEL & SERVICES. THE GUEST RECOGNIZES AND ACCEPTS THAT THE CARRIER IS NOT IN THE BUSINESS OF PROVIDING MEDICAL SERVICES AND/OR OPERATING MEDICAL FACILITIES. ANY MEDICAL PERSONNEL ON BOARD THE VESSEL ARE PROVIDED AS INDEPENDENT CONTRACTORS SOLELY FOR THE CONVENIENCE OF THE GUEST AND THEY ARE NOT SERVANTS, AGENTS, OR REPRESENTATIVES OF CARRIER EVEN THOUGH THE CARRIER MAY CHARGE A FEE FOR SUCH SERVICES. THE CARRIER DOES NOT OWN OR CONTROL THE MEDICAL SERVICES AND DOES NOT SUPERVISE ANY CARE OR TREATMENT PROVIDED BY MEDICAL PROFESSIONALS ABOARD THE VESSEL. CARRIER SHALL NOT BE LIABLE FOR ANY DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY CAUSED BY REASON OF ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE PROVIDED BY SUCH MEDICAL PERSONNEL, OR, BY THE FAILURE OF SUCH MEDICAL PERSONNEL TO PROVIDE ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE.
5.2. Other Independent Contractors. The Vessel carries on board other service providers who operate as independent contractors. Certain of their services and products are not included in the Fare, and the Carrier is not responsible for their performance or products. These contractors may include, but not be limited to, hairdressers, manicurists, masseuses or masseurs, photographers, entertainers, fitness instructors, shopkeepers, tattoo artists, body piercers, and others providing services. These independent contractors are in addition to the Medical personnel previously detailed. Independent contractors may have additional terms and conditions related to their services that bind Guests using those services.
5.3. Payment for Optional Services. Such parties or persons described in this Section 5 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.
5.4. The limitations referred to in Sections 13, 14, and 15 shall apply to all independent contractors and their employers as provided therein.
5.5. THE CARRIER DOES NOT OWN OR CONTROL SHIPBOARD INDEPENDENT CONTRACTORS. FURTHER, THE CARRIER MAKES NO REPRESENTATION AS TO THEIR PERFORMANCE, DOES NOT SUPERVISE THEIR ACTIVITIES, AND DOES NOT MAINTAIN THEIR CONVEYANCES. SUCH CONTRACTORS ARE NOT THE CARRIER’S AGENTS, AND AS SUCH THE CARRIER EXPRESSLY REJECTS THE PREMISE THAT THE CONTRACTORS ACT FOR THE CARRIER, AS WELL AS THE PREMISE THE CONTRACTORS ACT FOR THE CARRIER’S BENEFIT, AS OPPOSED TO THE GUEST’S BENEFIT. THE CARRIER WORKS WITH SUCH INDEPENDENT CONTRACTORS TO GENERATE REVENUE THROUGH COLLECTION OF FEES, ARRANGING FOR TICKETING, AND/OR OTHER ARRANGEMENTS. FURTHER, THE CARRIER WILL ACT AS A CONDUIT TO PROVIDE ACTIVITY OPTIONS TO ITS GUESTS WITH SUCH INDEPENDENT CONTRACTORS. THE CARRIER MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THEIR SAFETY OR SUITABILITY. ANY GUEST USING THEIR SERVICES IS DEEMED TO AGREE AND CONSENT THAT ANY LIABILITY FOR DEATH, ILLNESS, PERSONAL INJURY, AND/OR PROPERTY DAMAGE SHALL BE THE SOLE RESPONSIBILITY OF THE INDEPENDENT CONTRACTOR AS PROVIDER OF SUCH SERVICE OR ACTIVITY. GUEST FURTHER AGREES TO RELEASE AND HOLD THE CARRIER AND CARRIER’S SUPPLIERS HARMLESS FOR ANY SUCH INJURIES, DAMAGES, OR CLAIMS RESULTING FROM THE USE OF ANY SUCH SERVICES OR ACTIVITIES. SEE ALSO SECTION 16.1.
5.6. Guest acknowledges that although on occasion, Carrier’s employees and/or the independent contractors may make appearances and participate in activities or services and may use signage, including at independent contractor’s facilities, or clothing which identifies the Carrier or use other related trade names or logos of the Carrier or Carrier’s Affiliates, the status of the providers of such services are and remain unchanged as independent contractors. Nothing in this Contract shall be construed as creating a relationship between the provider of such services and the Carrier, or Carrier’s Affiliates, as that of partners, employer and employee, franchisor and franchisee, master and servant, principal and agent, or joint venturers.
6.1. Guest is not entitled to any refund, payment, compensation or credit except as otherwise provided in this Section 6.
6.2. Guest may cancel through Carrier’s Sailor Services, through a travel agent, or through the Carrier’s website. In such case cancellation shall be deemed effective at 11:59 p.m. local east coast United States time on the date Guest communicates such cancellation.
6.3. Cruises cancelled prior to the sailing date will be subject to the Carrier’s flexible booking policy as provided in the table below. The impact of the cancellation is determined according to the table below and varies depending on how far in advance of the sailing date the Carrier receives notice of cancellation. The table applies to Holiday Sailings as well. Per person taxes and fees will be refunded to the credit card on file.
DAYS PRIOR TO SAILING DATE AND CANCELLATION IMPACT AND OPTIONS
- 121 days or more
No cancellation impact.
Deposit will be refunded only if cancellation is within 7 days of deposit. Otherwise, entire deposit amount is non-refundable.
- 120 days or less
Options available in case of cancellation 46 days or more from the sailing date:
Receive a Future Voyage Certificate in the amount paid that can be applied to a new Cruise up to 1 year after the original Cruise date.
Change Cruise date to a new Cruise date; new Cruise must be within 1 year of the cancelled Cruise date.
- 45 days or less from the sailing date Guest may change the name on, or transfer, the reservation up to 48 hours of the departure of the Cruise.
Submit an insurance claim if travel protection (i.e., travel insurance) was purchased.
Individual cancellation policies apply at the Guest level for any individual cancellation within a cabin.
6.4 Guest Changes.
6.4.1 A Guest may reschedule his or her Cruise 46 days or more from the originally-scheduled Cruise sailing date. The new sailing date must be within a year of the originally-scheduled Cruise sailing date. Per Guest taxes and fees will be collected or refunded to original credit card(s) on file if the taxes and fees on the new sailing date differ from the original.
6.4.2 Cabin category may be changed 46 days or more from the Cruise sailing date, though cabin upgrades may be made 45 days or less from the Cruise sailing date subject to availability. For an up-category Cabin change, applicable fare increase is due at time of change. For down-category Cabin change, fare decrease will be provided in the form of on board credit or Future Voyage Certificate. No change fees will be charged for Cruise date or cabin changes.
6.4.3 If 3 or 4 Guests are booked in a triple- or quadruple-occupancy cabin and 1 or 2 Guests cancel, Carrier retains the right to move remaining Guests to a smaller cabin (triple- or double-occupancy) in the same category.
6.5 Bookings must be cancelled within 7 days of initial deposit and beyond 120 days of sailing date for full refund. Future Voyage Certificates, and/or credits will be applied on a per-Guest basis. Future Voyage Certificates are non-transferrable, and will be issued to relevant Guest(s) based on Cruise fare paid.
7.1. Guest acknowledges travel by ocean-going vessel occasionally presents risks and circumstances beyond the control of the Carrier. The Carrier is not responsible for these risks and Carrier may for any reason at any time and without prior notice, cancel, advance, postpone or deviate from any scheduled sailing, port of call, destination, lodging or activity. The Guest assumes these risks and acknowledges and agrees that Carrier shall not be liable for any claim whatsoever by Guest, including but not limited to any losses, compensation or refund, by reason of any such cancellation, advancement, postponement, substitution or deviation. The Guest further releases the Carrier from any loss, damage, or injury arising from, or as a result of, or in the Carrier’s or Master’s judgment necessitated by or by the threat of, force majeure circumstances, including war, acts of terrorists, labor strikes, riots or civil unrest, industrial action, fire, natural or nuclear disaster, adverse weather, health risks, epidemics or illnesses or outbreaks or public health emergency or other impactful prevalence of disease, acts of God, inability to procure fuel, acts of state (which include government orders and restraints), quarantines, failure of contractor or subcontractor to perform, theft, latent defects, accident to or from machinery or mechanical difficulties (which we could not have anticipated or avoided despite our normal comprehensive mechanical checks) (except as provided in Subsection 7.4), desertion or revolt of the crew, seizure of Vessel by legal process, and/or any other acts as determined by Carrier to be beyond the Carrier’s reasonable control.
7.2. Under the circumstances set forth in Section 7.1, the Cruise may be altered, shortened, lengthened, cancelled in whole or in part, without liability to the Carrier for a refund. Vessel may be substituted for any other vessel or means of transportation regardless of owner, or a pro rata refund of fare with no further liability for damages or losses or any kind.
7.3. Guest agrees Carrier has the sole discretion to direct the movement of the Vessel, to include the right:
7.3.1. To proceed without pilot or tow;
7.3.2. To assist other vessels or mariners;
7.3.3. To save life and property;
7.3.4. To put in at any unscheduled port for any reason and at any time before, during, or after Vessel sailing;
7.3.5. To omit, advance or delay landing at any scheduled or advertised port;
7.3.6. To return to port of embarkation or any other port previously visited if the Carrier deems it prudent to do so;
7.3.7. To deviate from the itinerary at sole discretion of Carrier, due to lack of pilots or tugs, or loading and discharging of fuel, laborers stowaways, Guests, or crew, or for any other reasons.
7.4. In the event that the Cruise is canceled or terminated early due to mechanical failure:
7.4.1. The Guest shall have a right to a full refund of the Cruise Fare if the Cruise is canceled in full, or a pro-rated partial refund if the Cruise is terminated early;
7.4.2. Carrier may cover or reimburse the Guest for additional costs (e.g. airline change fees) as deemed appropriate by the Carrier;
7.4.3. If the Guest has travelled to the Vessel, the Guest shall have a right to transportation, by means selected by the Carrier, to the Vessel’s scheduled port of disembarkation or the Guest’s origination point; and
7.4.4. The Guest shall have a right to lodging (selected by the Carrier) if disembarkation and an overnight stay in an unscheduled port are required due to the Cruise being cancelled or terminated early because of such mechanical failures.
8.1. The Guest warrants that s/he is fit to travel by sea and that his or her conduct or condition will not impair the safety of the Vessel or inconvenience the other Guests.
8.2. The Carrier shall have no liability and shall owe no full or partial refund in the event the Guest is refused passage, disembarked, confined to the infirmary or their cabin, or transferred to another berth or cabin pursuant to this Section.
8.3. Any Guest with a condition that may affect his or her fitness to travel is strongly encouraged to check with their personal physician regarding their ability to travel and to obtain a written physician’s certificate of Guest’s fitness for an international sea cruise.
8.4. If it appears to the Carrier, the Master or the Vessel doctor, in their sole individual or collective discretion, that a Guest is for any reason unfit to travel, likely to endanger health or safety, likely to be refused permission to land at any port, or likely to render the Carrier liable for Guest maintenance, support, or repatriation, then the Carrier or the Master shall have the right to take any of the following courses and the Carrier shall have no further liability to Guest: (.1) Refuse to embark the Guest at any port; (.2) Disembark the Guest at any port; (.3) Transfer the Guest to another berth or cabin; (.4) If the Vessel doctor considers it advisable, to place and confine the Guest in the Vessel’s Infirmary, to Guest’s cabin or any other cabin, or to transfer the Guest to a health facility at any port, all at the Guest’s expense.
8.5. Guest acknowledges that there may be circumstances beyond Carrier’s control which may prevent or delay a medical evacuation or disembarkation, and that there is no emergency trauma medical capability on board the Vessel.
8.6. 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. See Section 9.
9.1. The Vessel has a limited number of cabins equipped for persons with reduced mobility. Not all areas or equipment on the Vessel are suitable for access to disabled Guests or Guests with reduced mobility. Guests are advised that standard cabins are not designed to be barrier free and accessible by mobility devices.
9.2. Due to the risks inherent in travel by sea, if Guest has any special medical, physical or other requirements, Guest, Guest’s travel agent, or any person booking on Guest’s behalf is requested to inform the Carrier at the time of booking of any special need or other condition for which Guest or any person in Guest’s care may require medical attention or accommodation during the Cruise, or for which the use of a wheelchair or service animal is contemplated or necessary. Guests requiring the use of service animals must notify Carrier not less than 21 days prior to the Cruise; see subsection 22.1. If any such special need or condition arises after Guest has booked the Cruise, Guest is requested to report it to Carrier as soon as Guest becomes aware of it. Guest acknowledges and understands that certain international, foreign or local safety requirements, standards, and/or applicable regulations involving design, construction or operation of the Vessel, docks, gangways, anchorages or other facilities on or off the Vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Guests acknowledge and agree the Carrier may disembark or refuse to embark Guest or anyone under Guest’s care as set forth in Section 8 Health & Fitness to Travel. In limited situations where Guest would be unable to satisfy certain specified safety and other criteria, even when provided with appropriate auxiliary aids and services, Carrier reserves the right to refuse permission to participate in all or part of the Cruise.
9.3. The Carrier reserves the right to refuse passage to anyone who has failed to notify it of their specific needs with regard to accommodation; seating or services required from the Carrier or terminal operator; their need to bring medical equipment; their need to bring a recognized service animal on board the Vessel; or of any other known disabilities that require special assistance, special services, or privileges; or who in the Carrier’s and/or Master’s opinion is unfit or unable to travel; or anyone whose condition may constitute a danger to themselves or others on board on the grounds of safety.
9.4. Guests are under no obligation to identify themselves solely because they have a disability when they seek no special assistance, special services, or privileges. Guests may consider self-identifying their disability where notice to the Vessel crew would prevent misunderstanding of a Guest’s particular disability.
9.5. Where necessary in order to comply with applicable safety requirements, Carrier may require a Disabled Person or Person with Reduced Mobility to be accompanied by another person who is fit and able to assist them in day to day activities. This requirement may vary from ship to ship and itinerary to itinerary. Guests who may fall into this category may include those who require assistance with personal care including feeding, dressing, and toileting. All personal care or supervision must be arranged by Guest at his or her expense. Carrier is unable to provide respite care, one-to-one personal care, or supervision.
9.6. Where any mobility or other equipment is lost or damaged by the fault or neglect of the Carrier then it is the Carrier’s absolute decision as to whether to repair or replace such equipment. All medical equipment must be capable of being carried safely and must be declared before the Cruise by email or phone to Sailor Services available at our “Contact Us” page (or email us at firstname.lastname@example.org or call 1-954-488-2955)or otherwise by notice as provided in paragraph 23. The Carrier may decline to carry such equipment where it is not safe to do so or where it has not been notified in time to enable a risk assessment to be carried out.
9.7. Guests requiring the use of a mobility device must provide their own. Any wheelchairs available on the Vessel are for emergency use only. For the convenience and comfort of Guests requiring wheelchairs, they are strongly encouraged to bring a collapsible wheelchair.
10.1. For safety reasons the Carrier cannot carry Guests who are 24 weeks or more pregnant before the end of the Cruise. The Guest agrees not to present herself for boarding under any circumstance if she will have entered the 24th week of pregnancy as of her embarkation date or will enter her 24th week of pregnancy during the Cruise.
10.2. The Vessel’s medical personnel are not qualified to deliver babies on board or to offer pre- or post-natal treatment. No responsibility is accepted by the Carrier in respect of the ability to provide such services or equipment.
10.3. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are not satisfied that the Guest will be safe during the passage.
10.4. Pregnant Guests are referred to Subsection 5.1 herein headed “Medical Personnel and Services” for information regarding the medical facilities on board.
11.1. Guests are prohibited from bringing alcoholic beverages on board with the following exception: at the beginning of the Cruise during embarkation day Guests 21 years of age and older may bring in their carry-on baggage two 750 ml bottles of sealed/unopened wine or champagne per person. A $20 corkage fee (a charge exacted at a restaurant for every bottle of wine served that was not bought on the premises) per 750 ml bottle will be charged should Guests wish to consume their wine or champagne in a restaurant or bar. Guests are also prohibited from bringing water, sodas and other non-alcoholic beverages on board that are packaged in bottles. A small quantity of nonalcoholic beverages (i.e., sparkling water, sodas, juice, milk) packaged in cans or cartons may be brought on board on embarkation day, only if carried on in Guests’ hand baggage (not in checked baggage). A small quantity is considered a maximum of 12 sealed, unopened cans / cartons of 12 ounces each or less per person.
11.2. Any liquor, beer, other forms of alcoholic beverage, and non-alcoholic beverages, outside of the exceptions referenced in section 11.1, are strictly prohibited in both carry-on and checked baggage. Such items will be confiscated and discarded and no compensation will be provided.
11.3. Alcoholic beverages purchased in the Vessel’s gift shops or at a port of call will be retained by Carrier until the end of the Cruise, however, in no instance shall an Under-21 Adult be permitted to possess alcohol in the territorial sea or internal waters of the United States. See subsection 11.5.
11.4. Carrier reserves the right to refuse to serve alcohol to any Guest.
11.5. Carrier permits Guests, between the ages of 18 through 20, to purchase, possess, and personally consume alcoholic beverages, but only when the Vessel is seaward of the territorial sea of any of the United States, which is generally 3 nautical miles from the United States’ coast.
11.6. Any Guest 21 or older who attempts to or purchases alcohol for any Under-21 Adult when in the internal waters or the territorial sea of any of the United States will be deemed in violation of this policy. Guest agrees that Carrier has the right to disembark any Guest who violates this policy, including the Under-21 Adult, as well as adults traveling with an Under-21 Adult who violates this policy.
12.1. Guests must be 18 years and older to board Carrier’s Vessels for a Cruise.
12.2. Responsible Adults with an Under-21 Adult shall be responsible for that person’s conduct and behavior. Any Under-21 Adult must be accompanied by the Responsible Adult at the time of embarkation, who expressly agrees to be responsible for the Under-21 Adult throughout the Cruise. The Responsible Adult agrees that this responsibility includes, but is not limited to, preventing the Under-21 Adult from violating the Vessel's rules.
12.3. Guest’s attention is directed to section 3.7, addressing joint and several liability for a Responsible Adult with the Under-21 Adult the Responsible Adult is accompanying, for acts and omissions by the Under-21 Adult.
13.1 EXCEPT AS PROVIDED IN CLAUSE 13.4, ANY AND ALL DISPUTES WHATSOEVER ARISING OUT OF OR RELATING TO THIS GUEST’S CRUISE AS WELL AS THE INTERPRETATION, APPLICABILITY AND ENFORCEMENT OF THIS CONTRACT SHALL BE GOVERNED EXCLUSIVELY BY THE GENERAL FEDERAL MARITIME LAW OF THE UNITED STATES, WITHOUT REGARD TO CHOICE OF LAW RULES, WHICH REPLACES, SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY OTHER STATE OR NATION. HOWEVER, THE TERMS OF THIS CONTRACT DO NOT DISPLACE NON-EXCLUDABLE CONSUMER LAWS APPLICABLE IN JURISDICTIONS OUTSIDE THE UNITED STATES.
13.2 CLAIMS, DISPUTES, AND MATTERS AGAINST CARRIER.
13.2.1 IT IS AGREED BY AND BETWEEN THE GUEST AND CARRIER THAT ALL CLAIMS, DISPUTES AND MATTERS WHATSOEVER ARISING FROM PERSONAL INJURY, ILLNESS OR DEATH OF A PASSENGER SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION. IF THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION OVER A CLAIM, DISPUTE OR MATTER RISING UNDER, ARISING OUT OF, OR RELATING TO THIS CONTRACT, SUCH CONTROVERSY SHALL BE LITIGATED, IF AT ALL, 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. GUEST AGREES TO WAIVE THE RIGHT TO A JURY TRIAL.
13.2.2 ANY AND ALL OTHER DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, EXCEPT FOR PERSONAL INJURY, ILLNESS OR DEATH OF A PASSENGER WHETHER 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, 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, FLORIDA, U.S.A. TO THE EXCLUSION OF ANY OTHER FORUM. THE ARBITRATION SHALL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND NAM’S FEE SCHEDULE IN EFFECT AT THE TIME OF THE PROCEDURE, EACH OF WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. ANY QUESTION ABOUT THE ARBITRATION ADMINISTRATORS MENTIONED ABOVE MAY BE DIRECTED TO THEM AS FOLLOWS: NATIONAL ARBITRATION AND MEDIATION, INC., 990 STEWART AVE, 1ST FL., GARDEN CITY, NY 11530, PHONE: (800) 358-2550 EXT. 128. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL NOR 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. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT PASSENGER 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. PASSENGER AND CARRIER FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF THE PASSENGER ASSERTING THE CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. THE ARBITRATOR AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS CONTRACT INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THIS CONTRACT IS VOID OR VOIDABLE. 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 SUBSECTION 13.2.1 ABOVE GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS SUBSECTION 13.2.2.
13.3. IN THE EVENT OF AN IN REM PROCEEDING AGAINST THE VESSEL, GUEST HEREBY IRREVOCABLY AGREES THAT THE POSTING OF A LETTER OF UNDERTAKING FROM ANY OF CARRIER’S INSURERS SHALL CONSTITUTE AN ADEQUATE AND APPROPRIATE FORM OF SECURITY FOR THE IMMEDIATE RELEASE OF THE VESSEL IN LIEU OF ARREST.
13.4. GUEST AGREES THAT SUITS AGAINST INDEPENDENT CONTRACTORS LOCATED AND ORGANIZED OUTSIDE THE UNITED STATES SHALL BE GOVERNED BY THE LAWS OF THE COUNTRY IN WHICH THE CONTRACTOR IS LOCATED OR ORGANIZED. ALL CLAIMS, DISPUTES AND MATTERS WHATSOEVER AGAINST SUCH CONTRACTOR ARISING UNDER, ARISING OUT OF, OR RELATING TO THIS CONTRACT, GUEST’S CRUISE, TRAVEL TO OR FROM GUEST’S CRUISE, SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE A COURT WITH JURISDICTION IN THE COUNTRY IN WHICH THE CONTRACTOR IS LOCATED OR ORGANIZED OR IN THE MANNER PROVIDED IN THE INDEPENDENT CONTRACTOR’S WAIVER FORM. IN THE CASE OF CONFLICT, THE LATTER SHALL PREVAIL.
14.1. IN THE EVENT THE GUEST IS ABLE TO STATE A CAUSE OF ACTION UNDER THE LAW GOVERNING ANY CLAIM WHICH MAY BE ASSERTED AGAINST THE CARRIER FOR NEGLIGENCE OR INTENTIONAL TORT OR BOTH, THE CARRIER AND THE VESSEL SHALL NOT BE LIABLE FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF THE GUEST, OF ANY KIND UNDER ANY CIRCUMSTANCES, UNLESS SUCH EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WAS—
14.1.1. THE RESULT OF PHYSICAL INJURY TO THE GUEST CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL;
14.1.2. THE RESULT OF THE GUEST HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, AND SUCH RISK WAS CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL; OR
14.1.3. INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL.
14.2. 14.2. ON CRUISESS WHICH DO NOT EMBARK, DISEMBARK OR CALL AT ANY UNITED STATES PORT AND DO NOT EMBARK OR DISEMBARK AT ANY EUROPEAN UNION MEMBER STATE PORT, THE CARRIER SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN THE “ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1974”, AS WELL AS THE “PROTOCOL TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1976”, (“ATHENS CONVENTION”) WHICH LIMITS CARRIER’S LIABILITY FOR DEATH OR PERSONAL INJURY OF A GUEST TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS (“SDR”) AND LIMITS THE CARRIER’S LIABILITY FOR A GUEST’S BAGGAGE OR OTHER PROPERTY TO 833 SDR PER GUEST. AS OF NOVEMBER 2017 THE VALUE OF 46,666 SDR WAS APPROXIMATELY U.S.D. $65,570 AND THE VALUE OF 833 SDR WAS APPROXIMATELY U.S.D. $1,170. THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ON THE INTERNET AT HTTP://WWW.IMF.ORG/EXTERNAL/NP/FIN/DATA/RMS_SDRV.ASPX.
ON CRUISES THAT ARE BOOKED BY A GUEST IN A EUROPEAN UNION MEMBER STATE OTHER THAN THE UNITED KINGDOM, OR WHICH EMBARK OR DISEMBARK IN A PORT LOCATED IN A EUROPEAN UNION MEMBER STATE, THE CARRIER SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN EUROPEAN UNION REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS (“EU REGULATION 392/2009”). EU REGULATION 392/2009 LIMITS CARRIER’S LIABILITY AS FOLLOWS: (A) FOR DEATH OR PERSONAL INJURY OF A GUEST CAUSED BY A “SHIPPING INCIDENT,” A GUEST HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 250,000 SDR (AS OF NOVEMBER 2017 APPROXIMATELY U.S.D. $351,275) IN ANY EVENT, WITH THE EXCEPTION OF CIRCUMSTANCES BEYOND CARRIER’S CONTROL (I.E., ACT OF WAR, NATURAL DISASTER, ACT OF A THIRD PARTY); HOWEVER, COMPENSATION PAID BY THE CARRIER CAN GO UP TO 400,000 SDR (AS OF NOVEMBER 2017 APPROXIMATELY U.S.D. $562,040) UNLESS CARRIER PROVES THAT THE INCIDENT OCCURRED WITHOUT ITS FAULT OR NEGLECT; (B) FOR DEATH OR PERSONAL INJURY OF A GUEST CAUSED BY A NON “SHIPPING INCIDENT,” A GUEST HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 400,000 SDR (AS OF NOVEMBER 2017 APPROXIMATELY U.S.D. $562,040), IF THE GUEST PROVES THAT THE INCIDENT WAS THE RESULT OF CARRIER’S FAULT OR NEGLECT; (C) FOR A GUEST’S LUGGAGE (THE REGULATION USES THIS TERM AS OPPOSED TO BAGGAGE) OR OTHER PROPERTY, A GUEST HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 2,250 SDR (AS OF NOVEMBER 2017 APPROXIMATELY U.S.D. $3,161) PER GUEST; AND, (D) THE CARRIER’S INSURANCE PROVIDER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SUMS IN EXCESS OF 250,000 SDR (AS OF NOVEMBER 2017 APPROXIMATELY U.S.D. $351,275) IN RESPECT OF DEATH AND/OR PERSONAL INJURY; THERE ARE LIMITED CIRCUMSTANCES IN WHICH THE CARRIER’S INSURANCE PROVIDER IS NOT REQUIRED TO MAKE A PAYMENT. THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ON THE INTERNET AT HTTP://WWW.IMF.ORG/EXTERNAL/NP/FIN/DATA/RMS_SDRV.ASPX. THE TERM “SHIPPING INCIDENT” IS DEFINED IN EU REGULATION 392/2009 AS FOLLOWS: “SHIPPING INCIDENT” FOR THE PURPOSES OF THIS REGULATION INCLUDE: SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE VESSEL, EXPLOSION OR FIRE IN THE VESSEL OR DEFECT IN THE VESSEL.
AS TO ALL OTHER CRUISES NOT DESCRIBED ABOVE IN THIS SUBSECTION 14.2, ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF LIABILITY PROVIDED IN, OR AUTHORIZED BY THE LAWS OF THE UNITED STATES SHALL APPLY, INCLUDING BUT NOT LIMITED TO, TITLE 46 OF THE UNITED STATES CODE §§ 30501 THROUGH 30509, AND 30511.
14.3. THE GUEST AGREES THAT ALL PROTECTIONS, BENEFITS, DEFENSES, AND EXCLUSIONS FROM AND LIMITATIONS OF LIABILITY IN FAVOR OF CARRIER SET FORTH IN THIS CONTRACT SHALL ALSO EXTEND FULLY TO AND BE FOR THE BENEFIT OF CARRIER’S AFFILIATES AND CARRIER’S SUPPLIERS, EXCEPT AS PROVIDED IN SUBSECTION 13.4.
14.4. CARRIER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF OR DAMAGE TO GUEST'S PROPERTY, UNLESS GUEST PROVES SUCH LOSS OR DAMAGE WAS PROXIMATELY CAUSED BY NEGLIGENCE OF THE CARRIER OR ITS EMPLOYEES ACTING IN THE COURSE AND SCOPE OF EMPLOYMENT. CARRIER'S LIABILITY FOR LOSS OF OR DAMAGE TO PROPERTY OF ANY GUEST IS LIMITED TO THE AMOUNT OF $300 PER GUEST PER CRUISE, UNLESS GUEST BEFORE EMBARKATION DECLARES THE TRUE VALUE OF THE PROPERTY IN WRITING AND PAYS CARRIER 5% OF THE TRUE VALUE DECLARED IN EXCESS OF $300. LIABILITY WILL IN THIS EVENT BE LIMITED TO THE TRUE VALUE DECLARED, BUT IN NO EVENT AND UNDER NO CIRCUMSTANCE WILL CARRIER'S LIABILITY FOR THE TRUE DECLARED VALUE EXCEED $5,000.
14.5. THE CARRIER SHALL IN NO EVENT BE LIABLE FOR THE LOSS OF OR DAMAGE TO CASH, NEGOTIABLE SECURITIES OR OTHER FINANCIAL INSTRUMENTS, GOLD, SILVERWARE, JEWELRY, ORNAMENTS, WORKS OF ART, PHOTOGRAPHIC/VIDEO/AUDIO EQUIPMENT OR SUPPLIES, LAPTOP COMPUTERS, CELLULAR PHONES OR OTHER VALUABLES UNLESS THE SAME HAVE BEEN DEPOSITED WITH THE MASTER AGAINST RECEIPT FOR THE AGREED PURPOSE OF SAFEKEEPING. IN THE EVENT OF SUCH DEPOSIT, THE CARRIER'S LIABILITY FOR LOSS OR DAMAGE THEREOF SHALL BE CONTROLLED BY THE PROVISIONS OF CLAUSE 14.4, EXCEPT THAT UNDER THE ATHENS CONVENTION CARRIER’S LIABILITY WILL NOT EXCEED 1,200 SDR (AS OF NOVEMBER 2017 APPROXIMATELY U.S.D. $1,686), AND UNDER EU REGULATION 392/2009 CARRIER’S LIABILITY WILL NOT EXCEED 3,375 SDR (AS OF NOVEMBER 2017 APPROXIMATELY U.S.D. $4,742). THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ON THE INTERNET AT HTTP://WWW.IMF.ORG/EXTERNAL/NP/FIN/DATA/RMS_SDRV.ASPX.
14.6. The Guest waives the right to arrest the Vessel or any other ship operated or chartered by the Carrier, or to attach any other asset owned, chartered or operated by the Carrier. If the Vessel is arrested or attached, then the Vessel and the Carrier shall have the right to any limitation and all defenses available herein and the Guest causing such arrest shall be liable to the Carrier for all lost revenue and other losses or claims that arise from, relate to, or are incident to such arrest.
14.7. The Carrier shall not be liable for any injuries or damages which occur while participating in any athletic or recreational activities aboard the Vessel or onshore at any port of call, including, but not limited to, for example, snorkeling, rappelling, jet-skiing, all-terrain vehicle touring, or diving excursions, or Guest usage of the boxing ring, gymnasium, jogging track, basketball court, pools, 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 and/or activities.
14.8. The Guest acknowledges that the Carrier is not an insurer of his or her safety during the course of the Cruise, and the Guest agrees that the Carrier shall not be liable in any circumstances for any incident or injury (.1) arising from events occurring outside of the Guest areas of the Vessel unless pursuant to orders during an emergency or drill; (.2) outside 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, to include embarkation platforms, ramps, ladders, and the like not owned or operated by the Carrier, or upon docks and/or piers; (.3) involving persons employed on board the Vessel acting outside the course and scope of employment.
15.1. NO SUIT SHALL BE MAINTAINABLE AGAINST CARRIER OR THE VESSEL FOR DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY, OR DEATH OF THE GUEST, UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS BE DELIVERED TO THE CARRIER AT ITS OFFICE AT THE ADDRESS IN SECTION 23 WITHIN SIX (6) MONTHS FROM THE DAY THAT THE EVENT THAT CAUSED SUCH DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF THE GUEST OCCURRED; AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST THE CARRIER OR THE VESSEL WITH RESPECT TO DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH BE MAINTAINABLE, UNLESS SUIT SHALL BE COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DAY THAT THE EVENT THAT CAUSED THE DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF THE GUEST OCCURRED, AND PROCESS SERVED WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY, POSSESSION OR COUNTRY TO THE CONTRARY.
15.2. NO SUIT SHALL BE MAINTAINABLE AGAINST THE CARRIER OR THE VESSEL UPON ANY CLAIM RELATING TO LOSS OF OR DAMAGE TO ANY PROPERTY UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO THE CARRIER AT ITS OFFICE AT THE ADDRESS SET FORTH HEREIN WITHIN THIRTY (30) DAYS AFTER TERMINATION OF THE CRUISE TO WHICH THIS CONTRACT RELATES; AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST THE CARRIER OR THE VESSEL WITH RESPECT TO LOSS OF OR DAMAGE TO PROPERTY BE MAINTAINABLE UNLESS SUIT SHALL BE COMMENCED (FILED) WITHIN SIX (6) MONTHS AFTER THE TERMINATION OF THE CRUISE AND PROCESS SERVED WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY, POSSESSION OR COUNTRY TO THE CONTRARY.
16.1. Guest acknowledges and agrees that in the event the Carrier is found liable to pay damages to Guest based on the negligence or other wrongful conduct of any person or entity other than the Carrier, for example, any independent contractors, or is found liable to any other person or entity based on Guest’s conduct, 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 losses, including but not limited to all damages, fees, or costs, or any kind, incurred by the Carrier. 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.
16.2. See also Subsections 3.2, 3.7, 20.2, and 22.3, which contain additional indemnification notices.
EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY 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 RIGHT, ENTITLEMENT AND/OR LAW ALLOWING GUEST TO PARTICIPATE IN A CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUESTS AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER, VESSEL OR TRANSPORT WHATSOEVER SHALL BE LITIGATED BY GUESTS INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND GUESTS EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUESTS 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. YOU AGREE THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN THIS CONTRACT, 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.
18.1. For security reasons, the Guest agrees that the Carrier or its agents may search the Guest, Guest’s cabin, Guest’s Baggage, and Guest’s Property with or without notice to Guest. The Carrier shall have the right to confiscate any articles carried or contained in any Baggage which the Carrier, in its sole discretion, considers dangerous or pose risk or inconvenience to the security of the Vessel or persons on board.
18.2. The Carrier and the Master each reserves the right, without liability whatsoever, to refuse passage, disembark, quarantine, deny service of alcohol to, restrain or confine to a cabin or any other area, any Guest whose physical or mental condition, or behavior, or the physical or mental condition or behavior of any person in the care of Guest, is considered in the sole opinion of the Master and/or the doctor on board to constitute a risk to the Guest’s own well-being or that of any other Guest, crew member or person, or to the safety of the Vessel.
18.3. Carrier may refuse to transport or may disembark at any port any Guest with a criminal background or any Guest who may be suffering from contagious or infectious disease, ill health, or whose presence in the opinion of the Master may be detrimental to the comfort or safety of any other Guest, crew member or person, or who, in the Master's opinion, might be excluded from landing at destination by immigration or other governmental authorities.
18.4. If any Guest is detained on board or elsewhere at any stage or at destination because of quarantine, port regulations, prevailing applicable law, illness or other cause, all expenses incurred in connection with such detention shall be for Guest's account.
18.5. Carrier has a “zero tolerance” policy toward any illegal activity or behavior by Guests or crew aboard. Guest agrees to comply with this policy and further acknowledges that it is Carrier’s policy to report incidents of illegal activity or behavior to the appropriate law enforcement authorities.
18.6. Guest is placed on notice that cameras are positioned throughout the Vessel, and operate to monitor the Vessel for safety and security purposes. Facial recognition software may be used in the Vessel’s camera system. See Section 20 for more information.
18.7. See also Section 22 for additional information implicating Safety and Security.
20.1. The Carrier operates CCTV cameras on board the Vessel and Guest hereby consents to Guest’s image and voice being recorded by Carrier’s CCTV system and retained by Carrier.
20.2. GUEST AGREES AND WARRANTS THAT GUEST IS EMPOWERED TO GRANT THE LICENSE AND USE OF PRIVACY/PUBLICITY RIGHTS FOR ALL GUEST(S) FOR WHOM TICKETS ARE BEING PURCHASED, AND GUEST HEREBY GRANTS TO CARRIER, AND ANY OTHER PERSON OR ENTITY THAT CARRIER MAY AUTHORIZE, THE RIGHT TO PHOTOGRAPH, FILM AND/OR RECORD GUEST(S). FURTHERMORE, BY BOARDING CARRIER’S VESSEL AND IN CONSIDERATION OF THE SERVICES TO BE PROVIDED BY CARRIER, GUEST(S) HEREBY IRREVOCABLY GRANTS AND LICENSES TO CARRIER AND CARRIER'S PARENT, RELATED AND AFFILIATED COMPANIES AND THEIR RESPECTIVE SUCCESSORS, AFFILIATES, LICENSEES AND ASSIGNS, FOREVER AND THROUGHOUT THE WORLD, THE RIGHT TO USE GUEST(S)’ RIGHTS OF PUBLICITY/PRIVACY, INCLUDING NAME, IMAGE AND PERSONA, FOR ANY PURPOSE AND WITHOUT A RIGHT OF INSPECTION, WHICH INCLUDES BUT IS NOT LIMITED TO GOVERNMENTAL INVESTIGATIONS, LITIGATION, ADVERTISING, COMMERCIAL AND PROMOTIONAL MATERIALS IN ANY MEDIUM. GUEST AGREES TO PROVIDE ALL GUEST(S) FOR WHOM GUEST IS PURCHASING TICKETS WITH WRITTEN NOTICE OF THE FOREGOING GRANT AND LICENSE, AND TO THE EXTENT GUEST IS FOUND TO BE NOT EMPOWERED TO GRANT THE FOREGOING LICENSE, GUEST AGREES TO INDEMNIFY CARRIER AND HOLD CARRIER HARMLESS FROM ANY AND ALL CLAIMS FOR INJURIES, LOSSES, COSTS, DAMAGES AND ATTORNEYS’ FEES RELATED TO PUBLICITY/PRIVACY CLAIMS BY GUEST(S).
The Guest acknowledges and confirms that any travel agent utilized by Guest in connection with the issuance of this Contract is, for all purposes, the Guest’s agent, and Carrier shall not be liable for any representation made by said travel agent. Guest shall remain liable at all times to Carrier for the price of passage. The Guest acknowledges that Carrier is not responsible for the financial condition or integrity of any travel agent. Receipt of this ticket contract, any other documentation or notification pertaining to the cruise by Guest’s travel agent shall constitute receipt by Guest.
22.1. Pets, Service Animals, Emotional Support Animals. Except in the sole discretion of the Carrier, no pets or other animals are allowed on board the Vessel except service animals. A service animal is a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The Carrier requests the Guest notify the Carrier not less than 21 days prior to the Cruise of the Guest's intention to bring a service animal, and agrees to accept full responsibility for any expense, damage, losses, or injuries associated with or caused by such service animal. Many ports of call have strict entry requirements for animals, and Guest must ensure that the service animal complies with all requirements of each destination. Carrier is not responsible for Guest’s inability to visit a port of call due to his or her failure to comply with any such entry requirements. Emotional support animals, by their definition, are not service animals and, therefore, are not permitted on board.
22.2. Prohibited Items. Guest may not possess firearms, explosives, flammable materials, other hazardous goods, drones, weapons, pointed scissors, or non-prescription controlled substances. Such shall be surrendered to the Master at embarkation. In any circumstances and in the Master's sole discretion, any item deemed inappropriate may be refused on board the Vessel or confiscated, destroyed or surrendered to authorities. Guest shall have no claim for loss, damage or inconvenience thereby incurred.
22.3. The Guest warrants that s/he will not carry 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 Cruise. The Guest agrees to indemnify 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. No Guest will be liable to pay, nor entitled to receive, any general average contribution in respect of any property taken with them on the Vessel.
22.4. No solicitation of goods or services of any kinds is allowed, except as expressly provided as part of a Full Ship Accommodation Agreement.
22.5. Non-smoking Policy. Any and all forms of smoking, including but not limited to, cigarettes, cigars, electronic cigarettes, and personal vaporizers, are strictly prohibited in staterooms, including balconies, and all other areas on board except specifically designated areas. Any violation of this policy shall, in the sole discretion of Carrier, constitute a material breach of this Contract. In such event, Guest forfeits all rights hereunder, including the right to remain on board. Carrier reserves the right to disembark the Guest at any port, as determined by Carrier. Carrier shall not be liable for any refund or other compensation or damages whatsoever to any Guest disembarked pursuant to this provision, or who disembarks because another Guest is so disembarked. Guest and Carrier further agree that any violation of the non-smoking policy would also cause Carrier to incur damages, including but not limited to, loss of Guest goodwill, revenue, cleaning, maintenance and/or other costs. Guest and Carrier expressly acknowledge the difficulty of ascertaining the amount of such damages, and therefore agree that a reasonable estimate of the damages for any violation of the non-smoking policy is $1,000 USD. Guest authorizes a charge in this amount as liquidated damages, as well as repatriation expenses (including airfare) against Guest’s on board charge account, without further notice, for any violation of the nonsmoking policy.
22.6. Any Guest carried beyond his or her port of disembarkation for any reason without fault of the Carrier shall pay for any additional maintenance or extra transportation. In any and all cases described in this clause, the Guest shall not be entitled to any refund of fare, credit or compensation whatsoever.
22.7. Wireless Access & Services. Carrier may make wireless access to the Internet and/or access to wireless telephone services ("Wireless Services") available to Guests on board either directly or through a third-party service provider. Guests agree that use of wireless services is at their own risk and that Carrier shall not be liable to Guests in any manner for claims, losses or damages resulting therefrom. Guest’s use of wireless services on board is public; privacy of any information sent or received is not guaranteed. Personal data may be available to third-party service providers and Carrier is not liable under any circumstances for any lack of privacy or data security while using wireless services. All Guests agree that Carrier and any third party providing the wireless services has the right, but not the obligation to monitor, record, intercept and disclose any transmissions over or using wireless services aboard the Vessel, and to provide billing, account, or use records, and related information relating to all wireless services as it deems appropriate in its sole discretion (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect Carrier's rights, Guests or property). More information about the type of wireless services available on the Vessel can be found at: http://www.virginvoyages.com/.
Claims, notices, declarations and other required notifications to Carrier required herein are to be sent to:
Virgin Cruises Intermediate Limited
1000 S. Pine Island Road, #600
Plantation, FL 33324
Pre-Cruise notifications, pre-Cruise questions related to a Guest’s upcoming Cruise, Guest changes to an upcoming Cruise, or requests for special services for an upcoming Cruise may be directed to Sailor Services through our “Contact Us” page, by email email@example.com or phone 1-954-488-2955.