I have read the Terms of this contract and Accept
CRUISE
TICKET CONTRACT
IMPORTANT
NOTICE OF GUESTS
YOUR
CRUISE TICKET CONTRACT CONTAINS IMPORTANT LIMITATIONS ON
THE
RIGHTS OF PASSENGERS. IT IS IMPORTANT THAT YOU CAREFULLY
READ
ALL TERMS OF THIS CONTRACT WITH PARTICULAR ATTENTION TO
PARAGRAPHS
4, 6, 12 AND 15, WHICH LIMIT OUR LIABILITY AND YOUR RIGHT
TO
SUE AND RETAIN IT FOR FUTURE REFERENCE.
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CONTRACT OF PASSAGE Passengers
are advised to read the terms and conditions of the
passenger contract ticket
set forth below.
(1) This ticket constitutes a
contract of passage between the carrier, as defined in
paragraph 23,
and the passenger
(whether or not signed by or on his behalf) and all the terms and provisions of
both sides of this
ticket, including all of the following matter printed below are a part of such
contract of which the
passenger and/or purchaser agrees by accepting this ticket, both on his own
behalf and also on
behalf of any other person or persons for whom this ticket is purchased as his,
her or their agent.
The fare includes transportation as specified herein: full board, ordinary ship's
food, but no
spirits, wine, beer or mineral waters. This contract supersedes all
representations or
conditions contained in
carrier's advertisement, notices, brochures or other literature and all
promises and agreements
made or claimed to have been made with the passenger or anyone
representing him.
(2) This ticket is valid only for
the person or persons named on the front hereof for whom it is
issued and cannot be
transferred without carrier's consent. Passage money shall be considered
earned at the time of
payment, or if not previously paid, then at the time of embarkation. Carrier
shall be entitled to
such passage money and to retain it under all circumstances whatsoever.
Carrier shall not be liable to
make any refund to passenger in respect of lost tickets or in respect
of tickets wholly
or partially not used by a passenger, any statute or other governmental
regulations to the contrary
notwithstanding, the benefit of which passenger hereby expressly
waives. Carrier
reserves the right to cancel any scheduled call at any port for any reason at
its
option at any time
whether before, or after sailing of the vessel, without previous notice to the
passenger, and without
liability to the passenger for any loss, damage or delay whatsoever,
howsoever consequential
thereon.
(3) Passenger is not allowed to
bring onboard without previous written permission of the carrier
any intoxicating
liquors or beverages and no firearms or explosive substances, contraband,
illegal
items or any goods of
a dangerous nature, nor dogs, cats, birds or other animals of any kind and
description.
(4) Carrier's responsibility
shall never exceed the usual amount of limitation of liability to which
carrier is entitled
under the applicable law. No undertaking or warranty is given or shall be
implied as to the
seaworthiness, fitness, or condition of the vessel or any food, drink, or
medicine
supplied onboard the
vessel. In no event shall carrier be liable for any accident which occurs off
the vessel itself,
including, but not limited to accidents occurring ashore, on tenders not owned
by the vessel, or
a part of the vessel's equipment or upon docks or piers. The exemption from
2.18.09
liability herein
contained shall extend to each of the employees, officers, agents, servants and
all
representatives of the carrier.
The carrier shall in no event be
liable to the passenger in respect to occurrences happening off
the vessel itself.
In selling tickets, coupons or vouchers or making arrangements for shore
excursions, the carrier
acts only as agent for others who operate such services and all person
accepting or using
tickets or authorizations in any form for such services shall thereby be
deemed to agree and
consent that the carrier shall not be or become liable for any acts or
omissions pertaining to
such services or for any loss, injury or damage to any person or property
arising therefrom or in connection therewith. All arrangements made
for or by the passenger for
shoreside excursion,
transportation or activities have been made solely for the passenger's
convenience and are at the
passenger's risk.
(5) The passenger admits a full
understanding of the nature and character of the vessel and
assumes all risks of
travel, transportation and handling of passengers and baggage. The vessel
may or may not
carry a ship's physician at the election of the carrier, and if medical
personnel are
carried, it is agreed
that they are not agents, servants or employees of the carrier but are
independent contractors and
the carrier shall not be liable for the consequences of any
examination, advice,
diagnosis, medication, treatment, prognosis or other professional service
which such medical
personnel may furnish or fail to furnish any passenger. The passenger agrees
to pay charges for
all medical care requested or required, whether onboard or ashore, and to
indemnify the carrier in
the event the carrier pays the cost of any medical care including
transportation thereof. The
carrier is not obligated to make such payments. The passenger
assumes the risk of and
agrees that the carrier shall not be liable for (a) injury, death or delay of
or to the
passenger or (b) loss, damage or delay to the passenger's baggage, effect or
property
arising from, caused,
or in the judgment of the carrier or master rendered necessary or advisable
by reason of any act of God or
public enemies, arrest, restraints of princes, rulers or people,
piracy, war,
revolution, extortion, hijacking, bombing, threatened or actual rebellion,
insurrection, civil strife,
fire, explosion, collision, stranding, grounding, perils of the sea, rivers,
canals, locks or other
waters, perils of navigation of any kind, lack of water or passageway in
canals, theft,
accident to or from machinery, boilers or latent defects even though existing
at
embarkation or commencement
of voyages, barratry, desertion or revolt of crew, seizure of ship
by legal process,
strike, lockout or labor disturbances whatsoever, whether or not such strike,
lockout or labor
disturbances results from a dispute between the carrier and its employees or
between other parties,
whether or not of like or of similar character to the foregoing.
(6) Each passenger will be
allowed 2 pieces of baggage free of charge. Any excess will be
charged at the current
rate for baggage, payable before embarkation, subject to the right of the
carrier to limit the
amount of such excess that may be carried. Whenever the term "baggage"
is
used herein, it
shall mean only suitcases, valises, satchels, bags, hangers or bundles and
their
contents consisting of
such wearing apparel, articles of a personal adornment, toilet articles and
similar personal
effects as are necessary and appropriate for the purpose of the cruise and all
other such personal
property of the passenger not in a container. No tools of trade, household
goods, presents
and/or property of others, jewelry, precious metals, money documents,
negotiable instruments,
valuables of any description or such articles specified in 46 U.S. Code,
Appendix Section 181 shall be
carried except under and subject to the terms of a special written
contract entered into
with the carrier before embarkation upon application of the passenger. The
passenger hereby warrants
that no such articles are contained in any receptacle or container
2.18.09
presented by him as a
baggage hereunder, and if such articles are shipped by passenger as
baggage in breach of
this warranty, no liability thereof shall attach to the carrier on account
thereof as carrier, bailee or in any other capacity. The ship's officers have
the right to enter and
search your stateroom
and baggage for any hazardous, controlled or prohibited substances or
contraband. It is stipulated
that the aggregate value of the passengers baggage under this ticket
does not exceed
$300.00 and any liability of the carrier for any cause whatsoever with respect
to
said baggage shall
not exceed such sum unless the passenger shall in writing specify its true
value and pay to the
carrier before embarkation 5% on the excess of such value, in which case
the carrier's
liability shall be limited to the actual damage sustained to, but not exceeding
such
specified value or a
maximum of $5,000.00. Please lock all luggage when not
in your immediate
possession. Carrier shall
not be liable for loss of, or damage to, jewelry,
cash, liquor parcels,
photographic/electronic equipment,
lifesaving medications/prescriptions, medical equipment,
ladies train
cases/cosmetic bags/small carry-on luggage or other similar valuable items
contained
in the guest's
baggage. Please do not place the above mentioned items with your luggage. We
recommend these items be
carried with you when boarding or disembarking the ship. No suit
shall be maintainable
against the carrier upon any claim in connection with this transportation or
contract relating to
baggage or any property unless loss or damage to baggage or property while
boarding or disembarking
is reported to either the Purser's Office or to carrier's personnel prior to
leaving the U.S.
Customs area. Passenger must file an Irregularity Report prior to leaving these
areas. Carrier will
not be responsible for any damage or loss which is not duly reported as stated
above. In no event shall
any suit for any cause against the carrier with respect to baggage or
property be maintainable
unless suit shall be commenced within six (6) months after termination
of the voyage.
(7) If the vessel be prevented
for any reason whatsoever, including fault of carrier, from sailing
on or about the
scheduled or advertised day, carrier shall have liberty to substitute any other
vessel whether owned
or operated by it and to reberth passengers thereon,
or at carrier's option to
make refund of
passage money paid.
(8) Carrier shall have full
liberty to proceed without pilots and tow and to assist vessels in all
situations, to deviate
from the direct or customary course in the interest of passengers or of the
vessel, or to save
life or property; to put in at any unscheduled or unadvertised port; to omit or
delay landing at any
scheduled or advertised port; to put back to port of embarkation or to any
port previously
visited if carrier shall deem prudent, all without incurring any liability to
the
passenger on account
thereof.
(9) The carrier has an absolute
right to transfer passenger and/or his baggage to other carriers,
whether by water, motor
vehicle, rail or air, to or toward the ultimate destination. In the even
such substituted passage
is for the convenience of the carrier, it shall be at the carrier's cost.
Otherwise it shall be at the cost
of the passenger.
(10) In making any arrangements
for the care or transportation of any passenger or his or her
baggage by any
connecting or other carrier, railway, vessel, craft, transportation company,
tramway, carriage,
automobile, aircraft or otherwise than by carrier's ships or such tenders as
are
supplied at the sole
expense of carrier to embark or disembark passengers in and from the same,
or in making any
arrangements for shore accommodations, victualing,
amusement or
entertainment for any
passenger or for any other service or facility whatsoever for any passenger
otherwise than aboard
carrier's ships or such tenders aforesaid, it is understood and agreed that
carrier is acting in
the capacity of agent for the party or parties actually providing such care,
2.18.09
transportation, accommodation, victualing, amusement, entertainment, service or
facility
aforesaid, and that the
same are provided subject to the terms appearing in the tickets, vouchers,
or notices for the
time being in force of such party or parties or otherwise imposed by such party
or parties. It is
further understood and agreed that carrier is not to be, or to be held, liable
for the
act, neglect,
default or omission of any party whomsoever in respect of any events, matters
or
things, whatsoever or wheresoever, elsewhere than aboard the carrier's ships or
such tenders as
are supplied at the
sole expense of carrier for the purpose of embarking or disembarking
passengers in or from
carrier's ships.
(11) Any taxes and stamps on
tickets and taxes or fines on passenger, embarkation expense, and
all expenses of
such a nature are to be paid by passenger. In case of quarantine, each
passenger
must himself bear
all risks and expenses caused thereby and will be charged thereby and will be
charged for
maintenance, payable day by day if maintained onboard the vessel for such
period of
quarantine. Passenger
assumes all risks and losses occasioned by delay or detention howsoever
arising. Costs
connected with embarkation or debarkation of passengers and/or baggage and
costs of transfer
between vessel and shore must be borne by the passenger.
(12) No suit shall be
maintainable against the carrier for personal injury, illness or death of
passenger unless written
notice of the claim, with full particulars is delivered to the carrier
or its agent’s
office (at the port of sailing or the port of termination) within six (6)
months
from the day of such
personal injury, illness or death of the passenger. In no event shall
any suit for any
cause against the carrier with respect to personal injury, illness or death
for any reason be
maintainable, unless suit is commenced (filed) within one (1) year from
the date of
personal injury, illness or death and process is served with 120 days after
filing
notwithstanding any provision
of law of any state or country to the contrary.
No suit shall be
maintainable against the carrier for any non-injury, illness or death
claims, including
claims 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, related to or in any way
arising out of or
connected with this contract or the cruise shall be maintainable against the
carrier unless written
notice of the claim, with full particulars, is delivered to the carrier or
its agent’s office
(at the port of sailing or the port of termination) within thirty (30) days
after termination of
the cruise to which this contract relates. In no event shall any such suit
be maintainable
unless suit is commenced (filed) within six (6) months after the termination
of the cruise and
process served within sixty (60) days after filing, notwithstanding any
provision of law of any
state or country to the contrary.
It is agreed by
and between the passenger and the carrier that all disputes and matters
whatsoever arising under,
in connection with, or incident to this contract shall be litigated,
if at all, in and
before the United States District Court for the Southern District of Florida
in Broward County,
Florida, U.S.A. (or as to those lawsuits for which the Federal Courts of
the United States
lack subject matter jurisdiction before a Court located in Broward
County, Florida,
USA) to the exclusion of the courts of any other state, territory or country
or elsewhere in
the State of Florida. Passenger consents to jurisdiction and waives any
venue or other
objection that he may have to any such action or proceeding being brought
in the applicable
court located in Broward County, Florida.
(13) This contract is not
available for persons who in carrier's judgment may be refused
admission into a port of
landing or into the country of their destination or for persons who may
2.18.09
be suffering from
a contagious disease or who for any other cause may endanger themselves, or
others or be or become
obnoxious to others. Carrier reserves the right to refuse or revoke passage
to such person or
persons and upon refunding the amount paid hereon or the prorata portion
thereof, as the case
may be, after deduction of expenses incurred by carrier on account of such
person or persons,
carrier shall be discharged from all further liability. A medical certificate
certifying fitness for
travel may be required of any passenger at carrier's request to assess
whether that passenger's
participation would result in a threat to the health or safety of others.
Any disability or condition
requiring special attention or treatment must be reported to the carrier
when reservation is
being requested so that the carrier may assess what reasonable
accommodations may be made, if
any, that would not create an undue hardship on the carrier.
Application for passage from an
expectant mother must be accompanied by a medical certificate
establishing her fitness for
travel. Carrier reserves the right to refuse passage to women in
advanced stages of
pregnancy. Any passenger who enter the twenty-fourth week of pregnancy by
the beginning of
the cruise agrees not to book the cruise or board the vessel. Handicapped
persons are advised
that certain international safety requirements and U.S. Coast guard
regulations may cause
difficulty for mobility impaired person or persons with severely impaired
sight and/or hearing.
For reasons of passenger safety and well-being, carrier may require such
persons to be accompanied
by, and share the same cabin with, an adult who is not physically
impaired as aforesaid.
Carrier reserves the right to refuse or revoke passage to anyone who is in
the sole judgment
of the carrier, and based on an individualized assessment is in such physical
or
mental condition as to
be unfit for travel, or who may require care, treatment and attention
beyond that which is
available aboard the vessel. If you become unfit to travel for any reason
during the cruise
and/or disembark early, the carrier shall not be liable for any refund or
damages.
(14) All berths are let on
condition that passengers may be transferred (except where a whole
cabin is specially
engaged) from one cabin to another if required to accommodate passengers.
Such transfer will be made into
cabins as similar as practicable. All unoccupied berths are liable
to be let at
intermediate ports.
(15) In addition to all of the
restrictions upon and exemptions of liability provided by this
contract, carrier shall
have benefit of any limitation of liability or exoneration of liability
statue available in
the applicable forum, including but not limited to 46 U.S. Code
Paragraph 30501
through 30509 and 30511, and the International Convention Relating to
Limitation of
the Liability of Seagoing Ships 1957 (the Brussels Convention).
(16) The price of passage
hereunder has been fixed partly with reference to the liability assumed
by carrier as
defined by this contract, and no agreement alteration or amendment creating any
other or different
obligation or liability shall be valid unless made in writing and signed by
carrier's authorized
corporate officer at the port of embarkation.
(17) The passenger certifies to
the carrier that he is qualified to enter the country or countries of
his destination and
is qualified to enter the country or countries at which he may wish to
disembark. The passenger
assumes all responsibility for obtaining all travel and health
documents required by any
governmental authority, and if he fails to do so and such failure may
delay the vessel or
may be deemed a violation of any law, rule order or direction of any
governmental authority,
carrier shall have no further obligation to transport or to furnish
transportation to the
passenger. You will not be allowed to board the ship or be entitled to a
refund if you do not
have proper documentation. Passengers will be subject to any fine or other
2.18.09
costs incurred by
carrier which result from improper documentation or noncompliance with
applicable regulations,
which amount may be charged to your stateroom and/or credit card.
(18) Passengers will not be
liable to pay or entitled to receive any general average contribution in
respect to property
taken with them on the vessel.
(19) If the vessel carries a
surgeon, physician, barber, hair dresser, manicurist, masseuse or any
individual providing
personal services, it is done solely for the convenience of the passenger and
any such person
dealing with the passenger is not and shall not be considered in any respect
whatsoever as the
employee, servant or agent of the carrier, and the carrier shall not be liable
for
any act of omission
of such person or those under his orders or assisting him with respect to
treatment, advice or care
of any kind given to any passenger. Each such person shall be entitled
to make a proper
charge for any service performed with the respect to a passenger and the
carrier
shall not be
concerned otherwise in any way whatsoever in any such arrangement.
(20) Should any provision of this
contract be contrary to or invalid by virtue of the law of any
jurisdiction in which this
contract is attempted to be enforced, or for any other reason, 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.
(21) The passenger, or if a
minor, his parent or guardian, shall be liable to and shall reimburse
carrier for all damage
to the vessel and its furnishing and equipment or any property of the
carrier, caused
directly or indirectly, in whole or in part, by any act or omission of the
passenger,
whether willful or
negligent. The passenger shall further indemnify the carrier and vessel and
each and all of
their agents and servants against all liability whatsoever which the carrier or
the
vessel or such agents
or servants may incur towards any person or company or government for
any personal injury
or death or damage to property caused directly or indirectly in whole or in
part by any willful
or negligent act of omission on the part of the passenger. The passenger shall
furthermore be liable to
and shall indemnify the carrier and/or the vessel and/or the master for
any fines or
penalties imposed on the vessel by the authorities for this failure to observe
or
comply with local
requirements in respect of immigration, repatriation, customs and excise taxes
or any other
government regulations whatsoever.
(22) If this contract is issued
for, or in connection with, any passage at a reduced rate from the
full regular fare
ordinarily charged therefore, and whether the reduction is in connection with
an
"Off Season" or
"Low Season" sailing or at any reduced rate by whatsoever designation
or cause,
this contract ticket
is only available for use on the sailing for which issued unless upon carrier's
determination that available
space exists, the passenger pays to carrier the difference between the
reduced rate and the
full regular fare.
(23) Whenever the term
"carrier" is used herein, it shall mean and include the vessel and
its
tenders and their
owners, operators, charterers, and independent contractors, (including in
particular caterers,
concessionaires, and/or agents). The master, agents, brokers, officers and
crew of the vessel
and of the carrier shall have the benefit of all the terms and conditions of
this
contract. The term
"passenger" shall include the plural where appropriate and all
persons
engaging to and/or
traveling under this contract. The masculine includes the female.
(24) Carrier reserves the right
to increase fares without prior notice. In such an event passenger
has the option to
accept and pay such increase, or to cancel passenger's reservation without
penalty, not less than
one month prior to departure.
(25) Carrier shall not be liable
for any injuries or damages which occur while participating in
athletic or recreational
activities aboard the vessel, including, but not limited to, passenger's
2.18.09
usage of any paddle
ball, gymnasium, jogging, swimming, diving, health club and sauna
facilities, and by
utilizing such facilities, passenger agrees to assume all risk and does hereby
fully release and
discharge 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
passenger's use or intended use of said facilities.
(26) Unless negligent, carrier is
not responsible nor liable for any loss or damage to passenger's
property on the vessel.
Liability for loss of or damage to passenger's property in connection with
any air or ground
transportation shall be the sole responsibility of the provider of the service
and
in accordance with
applicable limitations.
(27) All arrangements made for or
by passenger for transportation (other than the subject cruise),
including air, shore
excursions, ground tours, ground transportation, hotels, restaurants and other
transportation, activities or
services are made solely for passenger's convenience and are at
passenger's risk. The
providers of such services are independent contractors and are not acting as
agents or
representatives of carrier. In no event shall carrier be liable for any loss,
delay,
disappointment, damage, injury
illness, death or other harm whatsoever to passenger which
occurs on or off the
vessel or as a result of any acts, omissions or negligence of any independent
contractors.
(28) Carrier shall have the right
to comply with any orders, recommendations, or directions
whatsoever given by any
governmental entity or by persons purporting to act with such authority
and such compliance
shall not be deemed to be a breach of this contract.
(29) Refunds for passenger
cancellations prior to sailing are limited by the terms of the carrier's
refund policy.
Passengers are advised to consult the carrier's cruise brochure for the terms
of the
carrier's refund policy.
(30) Passenger warrants that he
and those traveling with him are fit for travel and that such
traveling will not
endanger themselves or others. Carrier reserves the right to terminate a
passenger's cruise at any
time, at the risk and expense of the passenger disembarked, when in the
opinion of carrier, passenger
is considered to be a danger to himself or a disturbance or danger to
others.
(31) Carrier shall not be
required to refund any portion of the fare paid by any passenger who
fails, for any reason
to be onboard the vessel at least one half hour prior to the vessel's departure
from the port of
embarkation or any port of call and shall not be responsible for lodging,
meals,
transportation or other
expenses incurred by passenger as a result thereof and carrier shall have
the right to
reassign/resell any such cabin. Carrier shall have no obligation to any
passenger to
deviate from any
scheduled sailing or port of call.
(32) Carrier has the exclusive
right to include photographic, video and other visual portrayals of
passenger in any
pictorial medium of any nature whatsoever for the purpose of trade,
advertising,
sales, publicity or
otherwise, without compensation to passenger, and all rights, title and
interest
therein (including all
copyrights therein) shall be carrier's sole property, free from any claims by
passenger or any person
deriving any rights or interest from passenger.
(33) Prior to disembarking the
ship, you must pay in full all amounts charged to your stateroom
account. Carrier shall
not be liable for loss, damage or delay resulting from your failure to
comply with these
requirements. Carrier shall be entitled to a lien on the passenger's baggage
for
any outstanding
amounts.
2.18.09
(34) Passenger acknowledges and
confirms that any travel agent utilized by passenger in
connection with the
issuance of this ticket is, for all purposes, passenger's agent and carrier
shall
not be liable for
any representation made by said travel agent.
(35) This contract supersedes all
representations, promises and agreements whatsoever made or
claimed to have been
made to the passenger or anyone representing him.
(36) Celebration Cruise Operator,
Inc., 2419 E. Commercial Blvd., Fort Lauderdale, FL 33308
is the operator of the vessel and the issuer of this Cruise Ticket Contract. |