I have read the Terms of this contract and
Accept
I have read the Terms of this contract and Decline
CRUISE TICKET CONTRACT
IMPORTANT
NOTICE TO TO PASSENGERS
THIS IS YOUR CRUISE TICKET CONTRACT. IT 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.
CONTRACT OF PASSAGE Passengers are advised to read the terms and conditions
of the passenger cruise ticket contract 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
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 as
Ocean/Cruise travel herein: full board, ordinary ship's food, Limited to Tap
Water, Juices, Regular & Decaffeinated Coffee, assorted Teas and milk. Excluding
spirits, wine, beer, Carbonated Beverages and mineral waters. This contract
supersedes all representations or conditions contained in carrier's
advertisements, 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 (other than qualified service
animals, a permit from the Department of Agriculture in the Bahamas must be
obtained at nominal fee. This could take
up to four (4) weeks for processing.
Once permit has been received notice must be given to the Carrier not
less than fourteen (14) days advance). Passenger will be solely responsible for
obtaining and cost and any/all damage and/or loss caused by service animals.
(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
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 persons 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. Even if the Carrier
shall be entitled to charge a fee and earn a profit for arranging such
services, all such persons or entities shall be deemed to be independent
contractors and not acting as agents or representatives of the Carrier.
(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, nurse or other medical personnel 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, effects 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 channels or 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 any labor
disturbances whatsoever, whether or not such strike, lockout or labor
disturbances result 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 Section 30503 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 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 up to a maximum
of $5,000.00. Please lock all luggage
when not in your immediate session. 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 that 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 re-berth 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 event
such substituted passage is for the convenience of the carrier, it shall be at
the carrier's cost. Otherwise it shall be at the cost of the 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, 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, the vessel or any transport, for
personal injury, illness or death of passenger
unless written notice of the claim, with full particulars, is delivered to the
carrier at its principal office within six (6) months from the date of such
personal injury, illness or death of the passenger. In no event shall any suit
for any cause against the carrier, the vessel or any transport 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 such 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's principal office 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 maybe 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 or
other passengers. 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 enters 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 impairedsight 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. For infants, 6 months of age is the minimum age for
sailing in light of the capacity of our onboard medical facilities to handle
neo-natal /pediatric medical issues. 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 Sections 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 costs incurred
by carrier that 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, nurse, medical personnel, barber, hair dresser, manicurist, masseuse,
physical trainer 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
theemployee, 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 or 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 respective
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 usage
of any paddle ball, gymnasium, jogging, swimming, diving, health club, spa 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 or website 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.
Passenger agrees that any
recording (whether audio, video or otherwise) or photograph of Passenger, other
passengers, crew or third parties aboard the vessel or depicting the vessel,
its design, equipment or otherwise, shall not be used for any commercial
purpose, in any media broadcast or for any other non-private use without the
express written consent of the Carrier. The Carrier shall be entitled to take
any legal and reasonable measures including but not limited to injunctive
relief, to enforce this provision.
(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.
(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.is the operator of the vessel
and the issuer of this Cruise Ticket Contract. Its principal office is located
at 2419 E. Commerce Blvd., Fort Lauderdale, FL 33308.
12/06/12