THIS PASSENGER TICKET CONTRACT CONTAINS IMPORTANT TERMS.
PLEASE READ ALL OF THIS CONTRACT BEFORE TAKING FURTHER STEPS REGARDING BOOKING YOUR TRAVEL.
NOTICE: THIS IS A LEGALLY BINDING CONTRACT BETWEEN PASSENGER AND COMPANY.
THIS CONTRACT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES, AND PROVIDES PROTECTIONS TO EACH OF THE ENTITIES
IDENTIFIED AS “COMPANY” AND THEIR AFFILIATED ENTITIES AND PERSONNEL. FOR EXAMPLE, THIS CONTRACT
CONTAINS STRONG LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS REGARDING CLAIMS FOR INJURY TO
OR DEATH OF ANY PASSENGER AND LOST OR DAMAGED BAGGAGE OR PROPERTY. PLEASE READ THE ENTIRE CONTRACT,
ESPECIALLY SECTIONS 7, 8, 9, 10, AND 26 WHICH LIMIT YOUR RIGHTS TO ASSERT CLAIMS AGAINST COMPANY,
THE VESSEL AND OTHERS, AND INCLUDE PROVISIONS RELATING TO GOVERNING LAW, FORUM SELECTION,
JURISDICTION AND TIME LIMITS FOR BRINGING LAWSUITS.
BY BOOKING THE TRAVEL, REGARDLESS IF PAYMENT HAS BEEN MADE IN PART OR IN FULL, AND WHETHER OR
NOT YOU HAVE BOARDED THE VESSEL, YOU AGREE TO EXPLICITLY ACCEPT AND BE BOUND BY ALL THE TERMS
OF THIS CONTRACT. THIS CONTRACT IS BINDING ON YOU EVEN THOUGH IT DOES NOT REQUIRE YOU OR THE
COMPANY TO SIGN IT.
COMPANY ACCEPTS AND CARRIES YOU AND BAGGAGE ONLY ON THESE TERMS. IF YOU DISAGREE WITH, OR ARE
UNWILLING TO BE BOUND BY ANY OF THE TERMS OF THIS CONTRACT, PLEASE DO NOT PARTICIPATE IN THE
TRAVEL BEING OFFERED BY COMPANY.
TO REDUCE OR MANAGE YOUR RISKS OF FINANCIAL LOSS AND OTHER LOSS ARISING FROM INJURY, DEATH, LOSS OF OR
INJURY TO PROPERTY, CANCELLATION OR DELAY OF TRAVEL AND OTHER RISKS, COMPANY RECOMMENDS THAT YOU
OBTAIN YOUR OWN VACATION PROTECTION INSURANCE, TRAVEL INSURANCE, ACCIDENT, LIFE AND OTHER FORMS OF INSURANCE.
THIS CONTRACT IS A BINDING AGREEMENT BETWEEN YOU AND COMPANY, AND COMPANY’S AGENTS, SERVANTS AND EMPLOYEES. THE LIMITS OF
LIABILITY CONTAINED IN THIS CONTRACT APPLY TO CLAIMS AGAINST ALL PARTIES LISTED IN THE DEFINITION OF “COMPANY”.
“Baggage” means all Passenger baggage allowed on the Vessel pursuant to this Contract, which is placed in Passenger’s cabin, or stored in the Vessel’s baggage room, holds or safe against receipt therefore at Passenger’s request.
“Captain” means the individual serving as Captain of, or Master of the Vessel, and anyone acting under such individual’s authority.
“Company” means AmaWaterways, Gmbh, an entity organized under the laws of Switzerland, which owns and operates the Vessels and its shareholders, members, owners, directors, officers and employees, the Vessels operated by Company, and the Vessels’ owners, managers, operators, charterers, agents, crew, pilots, and employees. For purposes of the defenses, limitations of liability and the rights of Company as stated in this Contract only, the term “Company” also includes, AmaWaterways, LLC, a California limited liability company, Amadeus Waterways, Inc., a California corporation, and Cruising Investments (USA) Ltd, a California corporation, which have ownership interests in one or more of AmaWaterways, Gmbh and/or AmaWaterways, LLC, each parent and/or wholly or partially owned subsidiary entity of these companies and their shareholders, members, owners, directors, officers, sales representatives and employees, and concessionaires, independent contractors, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any Vessel or owned or operated by Company.
“You,” “Your,” “Guest” and “Passenger” means every person named on the face of, or traveling under, or occupying a cabin designated on this Contract, and persons in their care, including any minors, and also includes their heirs, successors-in-interest, assigns and personal representatives.
“Contract” means this Passenger Ticket Contract, including all its terms and conditions, and all treaties, international conventions and other terms that are incorporated by reference into this Passenger Ticket Contract.
“Vessel” means any ship owned, chartered, operated or provided by Company, whether owned, chartered, operated or provided by Company or by third parties; on which Passenger travels, or any substituted ship, and its tenders or any other similar means of conveyance, including but not limited to the following: AmaKristina; AmaViola; AmaStella;
AmaSerena; AmaVenita; AmaSonata; AmaReina; AmaPrima; AmaCerto; AmaVerde; AmaBella; AmaLyra; AmaDolce; AmaDante; AmaCello; AmaLegro; AmaDagio; AmaVida; AmaLotus; AmaDara; AmaPura and Zambezi Queen.
2. NON-TRANSFERABILITY: This Contract grants passage for only the Passenger(s) named on the final documents, and only for the date and Vessel indicated. It may not be sold or transferred by Passenger. Any attempted sale or transfer by Passenger is void and of no effect. This Contract binds, and confers benefits on, and imposes limits, restrictions and exclusions on and/or affects Passenger, Passenger’s spouse, heirs, executors, administrators, assigns, personal representatives, dependents and next-of-kin. Any Passenger purchasing or booking travel, or using this Contract, represents and warrants that s/he is duly authorized by and on behalf of all Passengers (including minor children) named on the final documents and accompanying Passenger to agree to and to bind all such Passengers to the terms and conditions of this Contract.
3. EMBARKATION: Passenger promises to be on board the Vessel at least one hour before: (a) the scheduled departure time; and (b) each departure time announced during the cruise. At embarkation, each Passenger must have already received all medical inoculations necessary for the voyage and must have in his/her possession this Contract, valid passport, visas, medical card and other documents necessary for scheduled ports-of-call and disembarkations. It is the Passenger’s sole responsibility to obtain and have available the appropriate and valid travel documents. Company advises Passengers to check with their travel agent or the appropriate governmental authority to determine the necessary documents required for travel. Company may refuse boarding or disembark passengers without liability for refund, payment, compensation, or credit of any kind if Passenger does not have proper documentation and timely boards the Vessel prior to departure.
4. BAGGAGE LIMIT AND LABELING: Each Passenger may bring aboard the Vessel, without additional charge, up to one (1) suitcase. Additional Baggage will be subject to excess baggage charges. Passenger shall assure that all Baggage is securely packed and distinctly labeled with Passenger’s full name, Vessel name and sailing date, and Passenger’s cabin number.
5. NO PETS OR DANGEROUS OR ILLEGAL ITEMS OR ITEMS OR ACTIONS THAT MIGHT CAUSE DAMAGE TO THE VESSEL. Passenger shall not bring any animal (other than a qualified service animal of a disabled Passenger), dangerous article such as a firearm, explosive, flammable or combustible material or non-medical oxygen, alcohol, illegal drug, other controlled or illegal substance, or any other items prohibited by applicable law to, or aboard, the Vessel. If Passenger has any such item at time of embarkation, then before entry on the Vessel, Passenger shall surrender it to the Captain, and consents to the Captain disposing or destroying or giving it to authorities. Additionally, passenger must not cause damage to the vessel or its contents, whether intentionally or unintentionally. You agree to accept responsibility, reimburse and/or indemnify Company for any loss, damage or expense whatsoever related to the presence of any service animal or any dangerous or illegal items brought on the cruise or related to any action that may cause damage to the vessel or its contents. You further agree to determine and meet any documentary or other requirements related to bringing the service animal onboard the Vessel and agree that you may be removed from the cruise without compensation of any kind if any action is perceived by the Captain as being detrimental to the vessel, its contents or other guests.
6. VALUABLES: Hand or unlocked luggage, breakables, jewelry, money, precious stones, securities, financial instruments, tickets and any other valuables and personal items which include but are not limited to dental hardware, eyewear, hearing aids, medications and medical equipment, electronics, computers, cameras, and cellular telephones must be handcarried by Passenger on and off the Vessel, and must not be included with check-in Baggage. Company shall not be responsible for loss of or damage to any such item.
7. LIABILITY LIMITATIONS FOR LOSS OF AND/OR DAMAGE TO PROPERTY: (a) THE TOTAL VALUE OF BAGGAGE, VALUABLES AND OTHER PERSONAL BELONGINGS OF A PASSENGER WHO DOES NOT DEPOSIT THEM FOR SAFEKEEPING, AS DESCRIBED IN THIS CONTRACT, SHALL BE DEEMED NOT TO EXCEED U.S. $200. COMPANY’S LIABILITY TO A PASSENGER, IF ANY, FOR LOSS OF OR DAMAGE TO SUCH BELONGINGS IS LIMITED TO A MAXIMUM OF U.S. $200. (b) Company can provide safekeeping for valuables aboard the Vessel and encourages Passenger to deposit Passenger’s jewelry and other valuables brought aboard the Vessel with the designated officer. That officer will issue Passenger a receipt for the valuables. Company shall not be liable for loss of or damage to jewelry, money, precious stones, securities, financial instruments, tickets or other valuables unless delivered to the designated officer and a receipt issued. The value of articles delivered to such officer for safekeeping shall be deemed in all cases not to exceed U.S. $200, unless Company agrees expressly in writing to a higher value for the article at the time of delivery to the designated officer. (c) EXCEPT AS SPECIFICALLY STATED ELSEWHERE IN THIS CONTRACT, COMPANY SHALL HAVE NO LIABILITY FOR LOSS OF OR DAMAGE TO BAGGAGE OR PERSONAL EFFECTS. PERSONAL BELONGINGS LOST IN ANY PUBLIC AREA, OR ELSEWHERE, WHETHER ON BOARD THE VESSEL OR ELSEWHERE, ARE NOT REIMBURSABLE. LOSS DUE TO ORDINARY WEAR AND TEAR, PERIL OF THE SEA OR OTHER WATERWAY, OR ACT-OF-GOD IS NOT REIMBURSABLE. SETTLEMENT OF A REIMBURSABLE CLAIM FOR LOST BELONGING WILL BE AT THE LESSER OF ACTUAL CASH VALUE (REPLACEMENT COST LESS DEPRECIATION) OR COST. SETTLEMENT OF A REIMBURSABLE CLAIM FOR A DAMAGED ITEM WILL BE AT THE LESSER OF COST OF REPAIR OR ACTUAL CASH VALUE, OR REPLACEMENT COST. NO AMOUNT SHALL BE PAID IN SETTLEMENT OF A CLAIM WITHOUT PROOF OF THE ACTUAL CASH VALUE OR REPAIR COST, AS APPROPRIATE, ARISING FROM THE LOSS OR DAMAGE. THE PROOF MUST BE SENT TO AND RECEIVED BY COMPANY. COMPANY’S LIABILITY FOR THE LOSS OR DAMAGE MUST FIRST BE PROVEN BEFORE ANY SETTLEMENT WILL BE PAID. No amount shall be paid in settlement of a claim without proof of the actual cash value or repair cost, as appropriate, arising from the loss or damage. The proof must be sent to and received by Company. Company’s liability for the loss or damage must first be proven before any settlement will be paid.
8. LIMITS OF COMPANY’S LIABILITY; NOTICE OF AND TIME LIMITS FOR CLAIMS:
(a) Limitations of Liability under Applicable Conventions:
(i) For cruises on the Rhine and its adjacent rivers, Company shall be entitled to any and all liability limitations, immunities and rights applicable to it for loss of or damage to luggage and property, death, illness and/or personal injury as provided under the Strasbourg Convention on the Limitations of Liability of Owners of Inland Navigation Vessels, (1988) (“CLNI”) as adopted by Switzerland. The CLNI limits Company’s liability to 60,000 Units of Account or Special Drawing Rights, “SDR’s” as defined by the International Monetary Fund (approximately $92,000 U.S. Dollars, which fluctuates depending on a daily exchange rate as may be found at www.imf.org) multiplied by the number of Passengers the Ship according to its certificate is allowed to carry, not to exceed in any event more than 12 million Units of Account to apply to the aggregate of all claims arising against Company out of an occurrence.
(ii) For all other cruises, Company shall be entitled to any and all liability limitations, immunities and rights applicable to it for loss of or damage to luggage and property, death, illness and/or personal injury as provided under the Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974 as well as the Protocol to the Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1976 (“Athens Convention”) as adopted by Switzerland. The Athens Convention limits Company’s liability for death of or personal injury to a Passenger to no more than 46,666 SDR’s (approximately $72,000 U.S. Dollars, which fluctuates depending on a daily exchange rate as may be found at www.imf.org).
(iii) In addition to all the restrictions and exemptions from liability provided in the CLNI and the Athens Convention (collectively “Conventions”), Company shall have the benefit of any limitation of or exoneration from liability under any statute or law of any country or any other applicable laws including, without limitation, the Convention on Limitation of Liability for Maritime Claims, 1976. Nothing in this Contract is intended to nor shall it operate to limit or deprive Company of any such rights to limitation of or exoneration from liability.
(iv) The provisions and limitations of each of the Conventions are deemed to be incorporated by this reference into this Contract. The Conventions in most cases limit Company’s liability for death, personal injury, and lost or damaged property. The provisions of the Conventions may be viewed by clicking here.
(b) Notice Of Claims And Time Limits To File Suite: Passenger may not maintain a lawsuit against Company or the Vessel, nor will Company or the Vessel be liable, for loss of life or bodily injury unless written notice of the claim is delivered to Company not later than six (6) months after the date of death or injury, the lawsuit is commenced not later than one
(1) year after the date of death or injury, and valid service of the lawsuit on Company or the Vessel, as applicable, is made within ninety (90) days after commencement of the lawsuit. For all other claims, including but not limited to claims for loss or damage to Baggage, breach of contract, violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or other claim, Passenger may not maintain a lawsuit against Company or the Vessel, unless Company is provided written notice of the claim within thirty (30) days after the date of disembarkation, the lawsuit is commenced not later than six (6) months after the date of disembarkation, and valid service of the lawsuit on the Vessel or Company, as applicable, is made within thirty (30) days after commencement of the lawsuit. In the case of a claim by or on behalf of a minor or legally incompetent person, the above time periods shall begin to run on the earlier of: (i) date of appointment of a legal representative for the minor or legally incompetent person, or their estate; or (ii) three (3) years after the date of death, injury or damage, as applicable.
(c) Acts Beyond Company’s Control: Company shall not be liable to Passenger or any other person or entity for injury to or illness or death of Passenger or permanent or temporary loss of or damage to Passenger’s property, delay or other loss of any kind caused by act of god, war or warlike operation, terror, civil commotion, labor trouble, interference by authority, political disturbance, peril of the sea, lurching of Vessel, or other cause beyond Company’s control, fire, theft, crime, error in navigation or management of Vessel or defect in or unseaworthiness of hull, machinery, equipment, furnishing or supplies of the Vessel, fault or neglect of pilot, agent or independent contractor or any other cause of any nature except and unless the injury, illness, death, damage, delay or loss resulted from Company’s negligent act or omission.
(d) Claims for Emotional Distress: Company shall not be liable to Passenger under any circumstance for infliction of emotional distress, mental suffering or psychological injury which was not: (a) the result of physical injury to Passenger; (b) the result of Passenger having been at actual risk of physical injury; or (c) intentionally inflicted by an officer or agent of Company.
(e) Independent Contractor/Shore Tours/Limit Of Liability: Company makes no representation or warranty concerning, and shall have no responsibility for, any tour, shore excursion, hotel, restaurant, transportation (whether a vessel, air, rail, land or other means) or other service not owned or operated by Company. Company shall have no obligation or liability to Passenger for any act or omission in connection with or arising out of arrangements by Passenger or Company with independent contractors. Arrangements with independent contractors include, but are not limited to: (1) airline and surface transportation; (2) services or products of others, available for Passenger’s convenience aboard the Vessel; (3) services, products or transportation off the Vessel furnished by others, including without limitation, sight-seeing tours, pre-cruise and post-cruise tours, excursions, shore trips and tender service, whether arranged or organized by a tour operator, travel agent or by Company. In providing or selling reservations or tickets in connection with any such optional activities, or by accompanying You during such activities, Company does so as a convenience to Passengers and shall be entitled to impose a charge and earn a profit from the sale of such excursions, services or transportation, but does not undertake to supervise or control such independent contractors or their employees, conveyances or facilities, and accepts no liability for any loss, delay, damage, injury, death, misrepresentation or disappointment whatsoever resulting therefrom. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any such independent contractors, transportation, tours, services, products or facilities, and Company’s liability for non-performance of any independent contractor providing such facilities or services shall be limited to a refund of the amounts received by Company on the Passenger’s behalf, if any.
(f) Medical Treatment: No doctor or nurse is employed by Company on the Vessel. Any medical attention required or desired by Passenger during the trip must be sought at local facilities. Company makes no representation or warranty that any such service is or will be available at any particular time or place. Passenger shall be responsible for all costs and expenses of medical services, treatment, medications and assistive devices. Company shall have no liability for any cost of, or incurred in connection with, medical services, or for quality or any aspect of treatment Passenger receives. Passenger consents to receiving treatment by medical professionals designated by Company, and agrees to bear the cost of such treatment, in any circumstance in which Passenger is or appears unable to request or authorize medical treatment and, the Vessel’s officer believes medical attention is necessary (even if such belief is incorrect).
(g) PASSENGER AGREES THAT IF EITHER: (i) THE WRITTEN CLAIM IS NOT MADE WITHIN THE TIME PROVIDED IN THIS SECTION 8, OR (ii) THE SUIT IS NOT COMMENCED WITHIN THE TIME PROVIDED IN THIS SECTION 8, THEN IN EITHER CASE, PASSENGER SHALL BE DEEMED TO HAVE WAIVED AND RELEASED ANY RIGHT TO MAKE A CLAIM AGAINST COMPANY FOR ANY SUCH BODILY INJURY, EMOTIONAL DISTRESS OR INJURY OR DEATH OR ANY OTHER DAMAGE OR LOSS.
9. JURISDICTION, CHOICE OF LAW AND FORUM: Passenger acknowledges that AmaWaterways Gmbh is based in Basel, Switzerland. Accordingly, this Contract is deemed to be made and entered into in Basel, Switzerland. The resolution of any and all claims relating to or in any way arising out of or connected with this Contract and/or Passenger’s travel shall be governed exclusively by the laws of Switzerland, excluding rules of conflicts of laws, which the Passenger agrees replaces, supersedes and preempts any provision of law of any state or nation to the contrary. Passenger agrees that all claims whatsoever arising out of or relating to this Contract or Passenger’s travel shall be litigated before the “Civil Court in Basel (“Zivilgerichl Basel-Stadt), Switzerland”, to the exclusion of the jurisdiction of courts of any other country. Passenger consents to jurisdiction and waives any venue or other objection to venue or personal jurisdiction that may be available to any such action or proceeding being brought in said court.
10. THIRD PARTY BENEFICIARIES: Passenger agrees that all rights, exemptions from and exclusions of liability, defenses and immunities in this Contract for the benefit of Company or the Vessel, shall also benefit any servant, agent or independent contractor of Company acting in the course of, or in connection with, their employment or engagement so that in no circumstance shall any such servant, agent or independent contractor, as the result of so acting, be under any liability to Passenger in excess of or of a different nature than that of Company.
11. ITINERARY/RIGHT TO CHANGE/DETENTION: No sailing or aspect of travel is guaranteed. Company reserves the right, without liability for damages or refund, to advance, alter, delay, amend, cancel, shorten or lengthen any sailing, deviate from the Vessel’s advertised or ordinary itinerary or route, omit or change any port(s)-of-call, arrange for substantially equivalent transportation by another vessel and/ or other means of transportation, including without limitation coach or other land transportation, whether belonging to Company or not, and to cause Passenger to disembark from the Vessel temporarily or permanently. For example, if performance of the voyage is hindered or prevented, or in Company’s opinion may be hindered or prevented (even if the opinion is incorrect) by war, terror, hostility, piracy, embargo, blockade, weather, high or low water level, ice, labor conflict, breakdown, congestion, lock malfunction, docking difficulty, or other cause, or if a government or other organization issues an advisory or announcement regarding travel conditions, or if Company considers that for any reason, proceeding to, attempting to enter, entering or remaining at a place of disembarkation, or traveling a particular route, may expose the Vessel or any crew or Passenger(s) to risk of injury, loss or damage or delay, or to assist another vessel or try to protect or save life or property, or for other humanitarian goal: (a) Passenger and Passenger’s property may be landed at the place of embarkation or any place Company or the Captain decides, and Company’s responsibility shall cease at that place and this Contract shall be deemed to have been fully performed by Company; or (b) if Passenger has not embarked, Company may cancel the proposed voyage and refund money or fares paid; or (c) Company or the Captain may take other action it, he or she deems appropriate, including but not limited to operating the cruise as scheduled, deviating from the Vessel’s advertised or ordinary itinerary or route, delaying, advancing or canceling any sailing, omitting or changing any port(s)-of-call, towing or being towed, transferring Passenger and Passenger’s Baggage to any other vessel and/or to other means of transportation whether belonging to Company or not, and/or causing Passenger to disembark temporarily. In a cancellation prior to sailing, Company’s only liability will be to refund to Passenger the amount Company received pursuant to this Contract. If the cruise is shortened or terminated, Company will have the option to make a proportionate refund of the fare or transfer Passenger to another ship or to the port of disembarkation by other means. If the scheduled length of the cruise increases, Passenger will have no responsibility for the cost of any additional fare, and Company will have no responsibility to pay or compensate Passenger for any loss or damage, including consequential damages.
12. HEALTH AND SECURITY: Passenger represents and warrants that Passenger: (a) is physically, emotionally and in all other respects fit to travel; (b) is free from any ailment that creates material risk to Passenger or others from participation in the voyage; (c) will at all times comply with all rules and regulations of the Vessel and all orders and directions of the Vessel’s officers and staff; and (d) will not act or behave in any way that inconveniences or impairs safety of other Passengers or the Vessel. Company or the Captain shall have the right, without liability for refund, payment, compensation or credit of any kind, to refuse boarding, refuse to transport Passenger, refuse further transport of Passenger, land Passenger at any port or place, confine or restrain Passenger, or transfer Passenger to other transportation, based on health or physical condition, mental disorder, violation of a Vessel rule or regulation, failure to follow order or direction of Vessel officer or staff, failure to possess necessary passport, visa and health or vaccination certificate, disruptive behavior, concern that Passenger may be excluded from landing at or entry to a destination by a government’s immigration or other authority, or other cause indicating Passenger is unfit or raising doubt about Passenger’s fitness to travel on the Vessel, or for any other reason in the judgment of the Company or Captain (but no such action will be taken for an unlawfully discriminatory reason). If Passenger is refused passage or voluntarily or involuntarily disembarked from the Vessel for a reason described in this section, or other reason including, but not limited to, personal, medical, or business reason, Company will have no obligation to refund any portion of the fare received by Company, or be responsible for any of Passenger’s costs or other losses.
13. IMPAIRMENT; DISABILITY: Company does not discriminate unlawfully on the basis of disability. If You (Passenger) have a disability and reasonable accommodation may enable You to use our services, please let Company know how we can help. Passenger shall inform Company in writing, at or immediately after reserving passage, but in any event at the earliest possible time, of any mobility impairment or other physical, emotional or mental condition which may require accommodation or use of an assistive device during the cruise. If the impairment or condition first arises after booking, Passenger shall inform Company in writing at the earliest possible time. Company will consider and may confer with Passenger, regarding possible accommodations. Company may: (a) require that a Passenger who, due to impairment, is not self-sufficient, travel with a companion who shall take responsibility for any assistance needed during the voyage and in case of emergency; and (b) exclude an individual with a disability that would result in a direct threat to the health and safety of others or to that individual, if Company determines there is a significant risk that cannot be eliminated or reduced to an acceptable level by reasonable modifications to Company policies, practices and/or procedures or by appropriate assistive devices or services. If Passenger fails to timely inform Company of any impairment or condition and it is determined based on information that Passenger should have provided, that Passenger’s continued participation poses a safety risk to Passenger or direct health or safety threat to others, Passenger may be excluded from embarking or further participation. Company and personnel aboard the Vessel shall have no liability to Passenger relating to any Passenger condition, treatment, failure to inform Company of an impairment, or resulting exclusion.
14. CHILDREN: Any person under age 18 must be accompanied by an adult over age 21 who is the child’s parent or legal guardian, or who, prior to Vessel departure, provides Company the Parental Consent Guardianship Form signed by the parent or legal guardian.
15. ALCOHOL: Company reserves the right not to serve any Passenger alcoholic beverages for any reason and as may be required to comply with local laws.
16. SMOKING: Smoking is only allowed in designated areas. If a Passenger smokes in non-designated areas, such act constitutes a material breach of this Contract. In the event of such breach, Passenger forfeits all rights including the right to occupy the cabin and stay on board the ship. Company may also charge a reasonable cleaning fee to eliminate smoking odors.
17. USE OF PASSENGER’S LIKENESS: Passenger agrees that Company and its designated partners shall have the right to include photographic, video, audio and visual portrayals in any medium whatsoever for the purpose of advertising, promotion, publicity or otherwise without compensation to Passenger and all rights, title and interest including worldwide copyrights shall be Company’s sole property free from any claims by Passenger or any person deriving any rights or interest from the Passenger.
18. INDEMNITY BY PASSENGER: Passenger shall indemnify, defend and hold Company harmless for all penalties, fines, charges, losses, damages, costs and expenses incurred or imposed on Company or the Vessel due to any act or violation of law by Passenger.
19. CONSENT TO SEARCH AND SEIZURE: Passenger consents to any search of Passenger’s person, Baggage or other property, within the Passenger’s cabin, personal safe or any location, with or without notice, and to the removal, confiscation and destruction of any item(s) which are prohibited by Section 5, or, in the opinion of Company or the Captain, may impair Vessel safety or inconvenience other Passengers.
20. PAYMENT BY PASSENGER AND EXTRA EXPENSES: Any and all payments by Passenger to Company shall be made in United States dollars. All charges for services and products provided on board the Vessel must be paid in cash or charged to a credit or debit card acceptable to Company before Passenger’s final disembarkation from the Vessel. Any other expenses incurred by Passenger or by Company on behalf of Passenger shall be payable by Passenger on demand.
21. CANCELLATION CHARGES: (Not Applicable for Part Charters or Full Charters) In the unfortunate event a participant must cancel travel, notice to us must be via email, which must include a return receipt and a read notation, or other writing stating clearly and correctly each Passenger name, ship name, start and end date of the cruise and a brief statement of the reason for cancellation. Other forms of notice are not sufficient. If already issued, unused air tickets must be physically returned to us before they can be cancelled. Cancellation date is the date we receive the written cancellation notice of unused tickets. A name change or substitution of participant is also treated as a cancellation in that all cancellation charges apply. Cancellation charges are per-person, based upon cancellation date, as follows: (i) more than 121 days before departure: $200 loss of deposit (Africa bookings are $1,200 loss of deposit); (ii) 120-90 days before departure: $400 loss of deposit (Africa booking are $2,400 loss of deposit); (iii) 89 60 days before departure: 35% of cruise or cruise and land price; (iv) 59-30 days before departure: 50% of cruise or cruise and land price; (v) 29-7 days before departure: 80% of cruise or cruise and land price; (vi) 6 days or less before departure: 100% of cruise or cruise and land price. Cancellation charges also apply to additional charges for upgrades, transfers and other pre-purchased services. Protection plan premiums are non-refundable. Additional cancellation fees apply for air tickets. Except as otherwise provided in Section 11, after travel begins, there is no refund for unused services or unused portions of cruise or cruise/tour.
22. UNCLAIMED PROPERTY: Any unclaimed or abandoned personal property that comes into custody or control by Company may be disposed of after 45 days under any circumstances. If a Passenger’s identification is available Company will make a reasonable effort to contact the traveler and attempt to return the item(s) within 45 days. The Passenger will be responsible for any and all fees for storage, shipping and handling to return the item(s).
23. TRAVEL AGENT: Your travel agent acts for You in making the arrangements for Your travel. Company is not responsible for any representation or conduct of Your travel agent, including but not limited to, any failure to remit Your deposit or other funds to Company, for which You shall at all times remain liable to Company, or any failure to remit a refund from Company to You. You acknowledge that Your travel agent acts solely as Your agent, and not as agent for Company, and is deemed as Your agent. You further agree that receipt by Your travel agent of this Contract or any other communications, notices or information from Company shall constitute receipt of such materials by You.
24. NO SOLICITATION: Passenger agrees not to solicit other Passengers for commercial purposes or advertise goods or services on board the Vessel without Company’s prior written permission.
25. INTERPRETATION: If any provision of this Contract is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed to be severed from this Contract and of no force and effect and all remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed to be replaced by a lawful provision or reduced to a lawful scope, in either case, that is as close to the purpose and economic content of the invalid or unenforceable provision as is lawful. Headings in this Contract are only for convenient reference and shall not be used to interpret, construe, define or limit any provisions hereof. Whenever the context requires, references to the male gender shall include the female and neuter, and references to the singular shall include the plural, and vice-versa. Passenger acknowledges that the travel contemplated by this Contract is voluntary; Passenger is not obligated to purchase services from Company, and thus is not obligated or in any way forced to enter into this Contract. The provisions of this Contract were developed to achieve a delicate balance and exchange of rights, remedies, limitations, exclusions, risks and risk management and economics between Passenger and Company; and the balance provides substantial benefits to Passenger, which Company could not offer at the attractive price(s) offered, but for the delicate balance in this Contract. Accordingly, the provisions of this Contract shall be interpreted and construed according to their fair meanings and not strictly for or against any party.
26. WARRANTIES/CONSEQUENTIAL DAMAGES EXCLUDED: ALL WARRANTIES INCLUDING WARRANTIES OF FITNESS FOR USE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED FROM THIS CONTRACT. COMPANY SHALL UNDER NO CIRCUMSTANCE BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THERE IS NO WARRANTY THAT EXTENDS BEYOND THE DESCRIPTION OF THE FACE HEREOF. TO THE EXTENT PERMITTED BY LAW, COMPANY SHALL BE EXCLUDED FROM LIABILITY FOR EXEMPLARY OR PUNITIVE DAMAGES.
27. ENTIRE AGREEMENT: THE PROVISIONS OF THIS PASSENGER TICKET CONTRACT ARE THE ENTIRE AGREEMENT AND A BINDING CONTRACT BETWEEN PASSENGER AND COMPANY. PASSENGER’S ACCEPTANCE OF THIS CONTRACT CONSTITUTES PASSENGER’S CONSENT TO THESE PROVISIONS. THESE PROVISIONS SUPERSEDE ANY PRIOR ORAL, IMPLIED, OR WRITTEN REPRESENTATIONS AND AGREEMENTS BETWEEN YOU AND COMPANY. ANY CLAIMED CHANGE IN THESE PROVISIONS IS NOT EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY THE PRESIDENT OF COMPANY (AND SUCH SIGNATURE MAY BE CONDITIONED ON A COMMENSURATE INCREASE IN FARE).