NORWEGIAN CRUISE LINE GUEST TICKET CONTRACT
IMPORTANT NOTICE: Guests are advised to
carefully read the terms and conditions of the Guest Ticket
Contract set forth below which affect your legal rights and
are binding. Acceptance or use of this Contract shall constitute
the agreement of Guest to these Terms and Conditions.
1. Definitions: This Contract is between
the Carrier and the Guest. The word "Carrier" means
NCL (Bahamas) Ltd. d/b/a NCL and/or NCL America, its subsidiaries,
affiliates, agents, assigns, as well as the named vessel or
substitute vessel, including its master and crew. The "Guest"
is each person whose name appears on the face of this ticket
and/or who uses the ticket for passage on the voyage described
in the ticket, and includes any accompanying minors, and any
of their heirs, successors, assigns or representatives.
2. The Contract: The Guest agrees that
this Contract governs the relationship between the Guest and
the Carrier, regardless of the Guest's age, whether the Guest
purchased the ticket on his or her own behalf, and/or whether
the ticket has been held and/or presented by another person
on behalf of the Guest. The Guest agrees that this Contract
constitutes the entire agreement between the Guest and Carrier,
to the exclusion of any prior representations that may have
been made in relation to the cruise to the Guest or anyone
representing him/her by anyone, including but not limited
to in the Carrier's brochures, advertisements, and other promotional
materials, or by third persons such as travel agents. No person
other than the person(s) named in the Ticket Contract can
use the Ticket Contract without the express written agreement
of the Carrier. This Contract is only valid for the cruise
specified in the accompanying ticket. The Guest acquiesces
to the terms herein upon payment or, at the latest, upon presenting
this Contract to the Carrier for boarding. The rights, defenses,
immunities and limitations of liability set forth herein shall
inure to the benefit of the Carrier and all concessionaires,
independent contractors or other service providers; and affiliated
or related companies, parents, subsidiaries, successors, assigns
or fictitiously named entities; all suppliers, shipbuilders,
component part manufacturers; and its or their owners, operators,
managers, charterers, agents, pilots, officers, crew and employees.
3. Terms of Fare: The fare paid by the Guest
for this ticket includes transportation on the vessel named
herein, full board, and ordinary ship’s food, but does
not include beer, wine, spirits, sodas or mineral waters,
nor charges for other incidental or personal services. The
fare does not include taxes and fees imposed by governmental
or quasi-governmental authorities. If governmental or quasi-governmental
action results in any element of such taxes and fees exceeding
the estimates used by Carrier for purposes of computing the
quoted amount, Carrier reserves the right to pass through
the extra amount. The Guest agrees that the Carrier shall
not be liable to make any refund to the Guest for tickets
that are wholly or partially unused by the Guest except as
otherwise expressly stated in this Contract, any law or government
regulation to the contrary notwithstanding. Refunds shall
be made as specified herein and in the cancellation policy
section of the Terms and Conditions of the cruise brochure,
which policy is incorporated herein by reference.
4. Carrier's Rules and Regulations.
(a) Guest's Agreement: The Guest agrees
to abide by the rules of the Carrier, including, but not limited
to, the rules and regulations particularly set forth below,
and to follow the lawful instructions of the vessel’s
officers and crew, at all times. The Guest accepts that failure
to do so constitutes a material breach of this Contract which
may subject the Guest, as well as any accompanying Guest(s),
to involuntary disembarkation without liability to the Carrier
for any refund or any other related loss or expense to the
Guest, and any accompanying Guest(s), whatsoever.
(b) Carrier's Right to Confine, or Refuse or Revoke
Passage: The Guest recognizes and agrees that the
Carrier reserves the right, without incurring liability of
any kind, to refuse or revoke passage to, or confine to a
stateroom, any Guest who, in the Carrier's sole judgment,
may be refused admission into a port of landing or into the
country of destination, or may be suffering from a contagious
disease, or for any other cause may endanger themselves or
others, or become obnoxious to others. Any Guest who is refused
passage or otherwise denied any advertised benefit or service
under this paragraph shall not be entitled to receive any
compensation whatsoever and shall become liable for any resulting
expenses incurred by the Carrier. Guest acknowledges that
it is Carrier's policy that all guests must be onboard the
vessel one (1) hour prior to sailing at the port of embarkation
and at all ports of call and agrees that it is the Guest’s
responsibility not to miss such final boarding time. Any Guest
who fails to board the vessel one (1) hour prior to departure
is at risk of being left at the port of embarkation or port
of call. In such event, Carrier shall have the right without
notice to depart without the Guest and Guest shall be fully
responsible to pay for or indemnify the Carrier from all expenses
incurred to rejoin the ship at the next port or for his/her
own return passage, including, but not limited to, government
fees or fines, visa fees, subsistence, lodging, air fare,
launch fare, car hire or agency fees. In such event, Guest
shall be entitled to no refund and shall be deemed to have
breached this ticket contract. Further, in such event, the
entire fare shall be deemed fully earned by Carrier and no
portion thereof shall be recoverable by Guest.
(c) Guests under 21: Any Guest under 21
years of age must be accompanied by a Guest over age 21, in
the same or an adjoining stateroom, who expressly agrees to
be responsible for the under-21 Guest throughout the cruise.
The Guest agrees that this responsibility includes, but is
not limited to, preventing the under-21 Guest from violating
the ship's rules, including preventing the under-21 Guest
from purchasing and/or consuming alcohol and/or gambling on
board the vessel, except as set forth herein. Guests must
be 21 years of age or older to purchase or consume alcohol,
except that Guests 18 through 20 years of age are permitted
to purchase and consume beer and wine only, when in international
waters, on voyages apart from Alaska and Hawaii, if accompanied
by one or more of their parents or a legal guardian who gives
written consent. Guests must be 18 years of age to engage
in gambling on the vessel.
(d) Minors: If the Guest is an adult accompanying
a minor or minors, and the adult Guest is not a spouse, parent,
or legal guardian of the minor(s), the adult Guest must present
an original, notarized parental/guardian consent letter authorizing
the minor’s travel, and further authorizing medical
treatment in case of emergency, to a representative of the
Carrier at the pier. If the adult Guest is the spouse of a
minor, the adult Guest must present a certified copy of a
valid marriage certificate to a representative of the Carrier
at the pier. Failure to present such documentation may result
in boarding being denied with no refund provided. When accompanying
a minor or minors on the vessel, the adult Guest agrees to
be the agent of such minor(s) for all purposes, to accept
full responsibility for supervising such minor(s) and to bear
full responsibility for the actions of such minor(s). The
adult Guest further agrees that the Carrier is not liable
for injury to minor(s) in the adult Guest’s charge arising
from the willful or negligent acts or omissions of other Guests
or persons who are otherwise not acting on behalf of the Carrier.
The adult Guest also agrees that under no circumstances will
a minor be left aboard the vessel, other than in the care
of the ship’s Kids' Crew or Teen's Crew programs, while
the adult Guest responsible for the minor leaves the vessel
for any reason, and in such circumstance to indemnify and
hold Carrier harmless for any and all loss, injury, or death
of the minor or any other person involving the minor whatsoever.
(e) Forbidden Articles: The Guest agrees
not to bring on board the vessel, under any circumstances,
any firearms or weapons of any kind, ammunition, explosives,
or other substances of a dangerous nature, nor animals of
any kind, except service or guide animals, provided that the
Guest notifies the Carrier, prior to the cruise, of the Guest’s
intention to bring such animal and agrees to accept full responsibility
for any expense, damage, losses, or injuries associated with
or caused by such animal. The Guest further understands and
agrees that any alcoholic beverages purchased ashore shall
not be brought or consumed aboard the vessel under any circumstances,
but shall be delivered to the ship’s crew at the gangway
to be retained by the Carrier until the Guest disembarks at
the end of the voyage. The Guest assumes all responsibility
for complying with any applicable customs or import laws relating
to any such purchase.
(f) No Soliciting: The Guest shall not solicit
other Guests, the Carrier's employees, personnel or agents
during the voyage with respect to any professional, commercial,
or business activity, whether for profit or otherwise, without
the prior written consent of the Carrier.
(g) Special Medical Care; Fitness to Travel:
The Guest acknowledges that medical care while on a cruise
ship may be limited or delayed and that the ship may travel
to destinations where medical care is unavailable. Therefore,
the Guest warrants that the Guest and those for whom the Guest
is responsible are fit to travel. Any condition of the Guest
that may require special attention or treatment of any kind
must be reported to the Carrier when a reservation is requested.
A medical certificate certifying fitness for travel may be
required of any Guest at the Carrier's request. The Guest
agrees not to present herself for boarding under any circumstances
if, by the time the Guest will conclude her travel with the
Carrier, she will have entered the 24th week of pregnancy.
The Guest further understands and agrees that no infants under
the age of six (6) months are permitted aboard the vessel.
Guests with special needs are advised that certain international
safety requirements, shipbuilding requirements, and/or applicable
regulations may cause difficulty for mobility-impaired persons
or persons with severely impaired sight and/or hearing. Guests
requiring the use of a wheelchair must provide their own junior/adult
standard size wheelchair (22 1/2 inches wide), as any wheelchairs
available on the vessel are for emergency use only. The Carrier
reserves the right to refuse or revoke passage to anyone who
fails to notify Carrier of any physical or emotional condition
which may require special assistance or accommodation, or
who is, in the sole judgment of the Carrier, as a result of
such condition, unfit for travel, or who may require care,
treatment or attention beyond that which the Carrier can provide.
In such circumstances the Carrier shall have no liability
to the Guest whatsoever. Guests may not be able to participate
in certain activities or programs either aboard the vessel
or onshore at ports of call if to do so would create a risk
of harm to themselves or any other Guest.
(h) Liability of the Guest: The Guest shall
be liable to and shall reimburse Carrier for all damages to
the vessel and its furnishings and any equipment or property
of the Carrier or any other Guest caused directly or indirectly,
in whole or in part, by any act or omission of the Guest or
those for whom the Guest is responsible, whether willful or
negligent. The Guest shall further indemnify the Carrier and
each and all of their agents or servants against all liability
whatsoever arising from any personal injury, death or damage
or loss whatsoever caused directly or indirectly, in whole
or in part, by any willful or negligent act or omission on
the part of the Guest or those for whom the Guest is responsible.
5. Limitations and Disclaimers of Liability:
(a) The Carrier and the Guest hereby agree
there is no warranty, whether express or implied, as to the
fitness, seaworthiness, or condition of the vessel or any
person on board, or any food, drink, medicine, or provisions
supplied on board the vessel. The Guest acknowledges that
the Carrier is not an insurer of his or her safety during
the course of the voyage, and the Guest agrees that the Carrier
shall not be liable in any circumstances for any incident
or injury arising from events occurring outside of the Guest
areas of the vessel or outside of the vessel itself, including
but not limited to those events occurring ashore (including
shore excursions), on tenders not owned or operated by the
Carrier, on or resulting from equipment not a part of the
vessel, or upon docks and/or piers, or involving persons employed
on board the vessel acting outside the course and scope of
employment.
(b) The Carrier disclaims all liability
to the Guest for damages for emotional distress, mental suffering
or psychological injury of any kind not resulting from a physical
injury to that Guest, nor from that Guest having been at risk
of actual physical injury, nor intentionally inflicted by
the Carrier.
(c) On cruises that neither embark, disembark
nor call at any U.S. port, the Carrier shall be entitled to
any and all limitations and immunities provided under the
Athens Convention Relating to the Carriage of Passengers
and Their Luggage by Sea of 1974, as amended by the Protocol
to the Convention Relating to the Carriage of Passengers and
Their Luggage by Sea of 1976, which limits Carrier’s
liability for death or personal injury of a Guest to no more
than 46,666 Special Drawing Rights as defined therein (approximately
U.S. $67,000 which fluctuates depending on the daily exchange
rate printed in the Wall Street Journal). In addition, and
on all other cruises, Carrier and the vessel shall have the
benefit of any statutory limitation of liability or exoneration
of liability available in the applicable forum, or under any
applicable national or international law, including, but not
limited to, Title 46 of the United States Code, Sections 181
through 186.
(d) The Carrier shall not be liable for
any injuries or damages which occur while participating in
athletic or recreational activities aboard the vessel or onshore
at any port of call, including, but not limited to, Guest
participation in snorkeling programs or Guest usage of any
paddleball, gymnasium, jogging, swimming, diving, health club
and sauna facilities. By utilizing said facilities, the Guest
agrees to assume all risks arising therefrom and does hereby
fully release and discharge the Carrier from any and all claims,
demands, damages, causes of action, present or future, whether
the same be known, anticipated or unanticipated, resulting
from or arising out of the Guest’s use or intended use
of said facilities.
(e) For further provisions regarding limitations
of the Carrier's liability, see also Sections 7 and 8, below.
6. Vessel and Voyage:
(a) Risk of Travel: The Guest admits and
acknowledges that travel by ocean-going vessel occasionally
presents risks and circumstances that may be beyond the ability
of the Carrier to reasonably control or mitigate. The Guest's
understanding includes all risks of travel, transportation,
and handling of Guests and baggage. The Guest therefore assumes
the risk of and releases the Carrier from any injury, loss,
or damage whatsoever arising from, caused by, or in the judgment
of the Carrier or Master rendered necessary or advisable by
reason of: any act of God or public enemies; force majeure;
arrest; restraints of governments or their departments or
under color of law; piracy; war; revolution; extortion; terrorist
actions or threats; hijacking; bombing; threatened or actual
rebellion, insurrection, or civil strife; fire, explosion,
collision, stranding or grounding; weather conditions; docking
or anchoring difficulty; congestion; 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 the crew; seizure of ship by legal
process; strike, lockout or labor disturbance (regardless
whether such strike, lockout or labor disturbance results
from a dispute between the Carrier and its employees or any
other parties); or from losses of any kind beyond the Carrier’s
control. Under any such circumstances the voyage may be altered,
shortened, lengthened, or cancelled in whole or part without
liability to the Carrier for a refund or otherwise.
(b) Substitute Vessel: If the vessel does
not sail on or about the advertised or scheduled date for
any reason, including fault of the Carrier, the Guest agrees
that the Carrier shall be entitled to substitute any other
vessel or means of transportation, regardless of whether owned
or operated by the Carrier, and to re-berth Guests thereon
or, at the Carrier’s option, to refund the fare paid
or a pro rata portion thereof, without further liability for
damages or losses of any kind whatsoever.
(c) Itinerary Deviation: The Guest agrees
that the Carrier has the sole discretion and liberty to direct
the movements of the vessel, including the rights to: proceed
without pilots and tow, and assist other vessels in all situations;
deviate from the voyage or the normal course for any purpose,
including, without limitation, in the interest of Guests or
of the vessel, or to save life or property; put in at any
unscheduled or unadvertised port; cancel any scheduled call
at any port for any reason and at any time before, during
or after sailing of the vessel; omit, advance or delay landing
at any scheduled or advertised port; return to port of embarkation
or to any port previously visited if the Carrier deems it
prudent to do so; substitute another vessel or port(s) of
call without prior notice and without incurring any liability
to the Guest on account thereof for any loss, damage or delay
whatsoever, whether consequential or otherwise.
(d) Transfer: The Guest agrees that the
Carrier has an absolute right to transfer the Guest and/or
the Guest’s baggage to other carriers, whether by water,
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 Guest.
(e) Compliance with Government Orders: The
Carrier shall have the absolute right, without liability for
compensation to the Guest of any kind, to comply with governmental
orders, recommendations or directions, including but not limited
to those pertaining to health, security, immigration, customs
or safety. In the case of quarantine, the Guest agrees to
bear all risks, losses and expenses caused thereby and will
be charged for maintenance, payable day-by-day, if maintained
on board the vessel for such period of quarantine. The Guest
assumes all risks and losses occasioned by delay or detention
howsoever arising. Costs connected with embarkation or debarkation
of Guests and/or baggage and costs of transfer between vessel
and shore as a result of the circumstances enumerated in this
paragraph must be borne by the Guest.
7. Baggage and Valuables:
(a) The term "baggage" means suitcases,
valises, satchels, bags, hangers or bundles and their contents
consisting of clothing, clothing accessories, toilet articles,
and similar personal effects, including all other personal
property of the Guest not in a container. The Carrier does
not undertake to carry as baggage any tools of trade, household
goods, fragile or valuable items, precious metals, jewelry,
documents, negotiable instruments, or other valuables, including
but not limited to those specified in Title 46 U.S.C. §
181. The Guest warrants that no such items will be presented
to the Carrier within any receptacle or container as baggage,
and hereby releases the Carrier from all liability whatsoever
for loss of or damage to such items when presented to the
Carrier in breach of this warranty The Guest further warrants
that he or she has not carried onto the vessel any goods or
articles for purposes of trade or commerce, nor contraband,
nor goods or articles which otherwise may violate the customs
laws of the country from which the vessel embarks or of any
other port State visited by the vessel during the course of
the voyage, and the Guest agrees to indemnity the Carrier
for any fines, duties, taxes, or other penalties that may
be incurred as a result of any item brought on board by the
Guest. The Carrier shall not be liable for any loss of or
damage to any perishable items, dentures, optical devices
(including contact lenses), medications, cameras, recreational
and/or sporting equipment, cash, securities or other negotiable
instruments under any circumstances whatsoever, whether carried
within the Guest’s baggage or otherwise.
(b) The Guest and Carrier agree and stipulate
that the aggregate value of all the Guest’s baggage
and any other property lawfully brought on board by the Guest
does not exceed U.S. $100.00 and any liability of the Carrier
or the vessel for any cause whatsoever with respect to said
baggage shall not exceed such sum unless the Guest shall specify
its true value, in writing, and pay to the Carrier before
embarkation 5% of the excess of such value, in which case
the Carrier's liability, if any, shall be limited to the actual
damage sustained up to, but not exceeding such specified value.
In no event shall Carrier be liable for normal wear or tear
of the Guest’s property or baggage.
(c) The Guest agrees that all disclaimers
and limitations of liability contained herein shall apply
to all valuables stored or accepted for storage by the Carrier,
including valuables stored with the Carrier in safety deposit
boxes or security envelopes. The Carrier cannot accept responsibility
for, and in no event shall be liable for, the loss of or damage
to valuables or other articles left in cabins, and in no event
shall the Carrier be liable for loss of or damage to property
of any kind not shown by the Guest to have occurred while
in the Carrier's actual custody.
(d) The Guest agrees to promptly report
any loss of or damage to baggage during loading or disembarking,
to the Carrier's personnel, prior to debarking the U.S. Customs
area; the Carrier shall not be responsible for any such loss
or damage which is not so reported. Liability, if any, for
loss or damage to baggage occurring elsewhere than on board
the vessel in connection with air, car, motor coach, ground
transfers, porters, stevedores and/or hotels shall rest solely
with the person or entity providing such services and the
Guest agrees that the Carrier does not guarantee the performance
of such services and shall not be liable in any respect or
capacity for any such loss or damage.
(e) The Guest will not be liable to pay
nor entitled to receive any general average or salvage contribution
or award in respect to property taken by the Guest onto the
vessel.
8. Independent Contractors:
(a) Off-Vessel Transport and Activities:
The Guest recognizes and agrees that, if and when the Carrier
makes arrangements for the Guest for air transportation, hotel
accommodations, ground transfers, shore excursions, and/or
for other transportation, activities, services, facilities
or amusements occurring off of the vessel, the Carrier does
so solely for the convenience of the Guest, the Carrier does
not act on behalf of or supervise the parties or persons who
own, furnish, or operate such conveyances, services or facilities,
and the same are provided by independent contractors who work
directly for the Guest and are subject to such terms, if any,
appearing in the tickets, vouchers or notices of such party
or parties. Therefore, the Guest agrees that the Carrier assumes
no responsibility for, nor guarantees the performance of,
any such person, party, contractor, service or facility, and
that the Carrier shall not be liable for losses or injuries
arising from the acts or omissions of such person, party,
contractor, service or facility.
(b) Other Independent Contractors: The Guest
recognizes that the persons providing other personal services
offered on the vessel, including but not limited to, hairdressers,
manicurists, personal trainers, and/or massage therapists
are independent contractors who work directly for the Guest,
and that the Carrier shall not be held liable for any loss
or injury arising from the performance of such services.
(c) Payment for Optional Services: Such
parties or persons described in sub-sections (a) and (b),
above, shall be entitled to make a proper charge for any service
performed for or on behalf of the Guest and the cost of such
service shall be the sole responsibility of the Guest.
(d) For-Profit Entity: Notwithstanding that
the Carrier, at the Guest's option, arranges air transportation,
hotel accommodations, ground transfers, shore excursions and
other services with independent suppliers of such services,
the Guest understands and agrees that the Carrier, being a
"for profit entity", earns a fee on the sale of
such optional services.
(e) Indemnity: Guest acknowledges and agrees
that in the event the Carrier is found liable to pay damages
based on the negligence or other wrongful conduct of any person
or entity other than the Carrier, whether by way of joint
and several liability or otherwise, the Guest will indemnify
and hold Carrier harmless for any and all such conduct and/or
damages. This agreement to indemnify and hold the Carrier
harmless shall specifically include, without limitation, all
medical services provide on or off the vessel, as well as
all shore excursions, transportation or other facilities or
activities provided or furnished by any person or entity other
than Carrier.
9. Medical Services and Facilities: The
Guest recognizes and agrees that the Carrier is not in the
business of providing medical services and/or operating medical
facilities. To the extent that the vessel provides a surgeon
or physician, or if the vessel requests emergency or other
medical care or evacuation for the Guest on the Guest's behalf
(hereinafter, "Medical Services"), it is understood
and agreed that the Carrier does so solely for the convenience
of the Guest, that such Medical Services are provided by medical
professionals who work directly for the Guest, and that the
Carrier does not undertake to supervise, nor supervise or
direct the actions of the person(s) providing such Medical
Services. The Guest therefore agrees that the Carrier cannot
guarantee the performance of such Medical Services, and that
the Carrier shall not be liable for losses or injuries arising
therefrom. Persons or entities providing Medical Services
shall be entitled to make a proper charge for any service
performed for or on behalf of the Guest, and the cost of such
service shall be the sole responsibility of the Guest. The
Guest hereby agrees to reimburse and indemnify the Carrier
for any funds advanced on account of any such charges.
10. Limitations on Actions:
(a) Suits for Injury or Death: The Guest
agrees that no suit, whether brought in rem or in
personam, shall be maintained against the Carrier for
emotional or physical injury, illness or death of Guest unless
written notice of the claim, including a complete factual
account of the basis of such claim, is delivered to the Carrier
within 185 calendar days from the date of the incident giving
rise to such injury, illness or death; and no suit shall be
maintainable unless commenced with one (1) year from the day
of the incident giving rise to such injury, illness or death,
notwithstanding any provision of law of any state or country
to the contrary.
(b) Other Suits: No suit involving any other
manner of claim, legal theory, or cause of action whatsoever
arising from, connected with or related to this Contract or
the cruise, including but not limited to, claims for loss
or damage to baggage, or for delay, detention or otherwise,
shall be maintainable against the Carrier, whether in
personam or in rem, unless written notice of
the claim with full particulars is delivered to the Carrier
within thirty (30) days of termination of the Guest’s
scheduled cruise, and suit is commenced with six (6) months
from the day when the cause of action arose, notwithstanding
any provision of law of any state or country to the contrary.
(c) Guest Waives Right to Class Action Relief:
The Guest agrees that any claim or cause of action brought
forth against the Carrier shall be brought and litigated solely
in the Guest’s personal capacity or, in the case of
a minor or decedent, by and through the duly appointed legal
representative, and the Guest hereby expressly agrees that
any claim whatsoever asserted against the Carrier shall be
litigated by the Guest or his or her legal representative
in an individual capacity and not as a member of any class.
(d) Appointment of Guest as Legal Representative
of Minor: If the Guest is traveling with his or her
natural born or adopted minor children, the Guest hereby agrees
and stipulates to the appointment, upon boarding of him/herself
as the legal representative of such minor children within
the meaning of Chapter 46, United States Code Appendix, Section
183b(c) upon boarding.
11. Travel Documentation: Upon embarkation,
the Guest shall have in his or her possession, and assumes
all responsibility for obtaining, all visas, passports, certified
birth certificates, travel and health documents required by
any governmental authority, and if he or she fails to do so
the Carrier shall have no further obligation to transport
or to furnish transportation to the Guest. The Guest is advised
to consult his or her travel agent or the appropriate governmental
authority concerning required documentation for travel. The
Guest shall indemnify the Carrier for all penalties, fines,
charges, losses and expenses imposed upon or incurred by the
Carrier due to the Guest's failure to have proper documentation
or otherwise comply with applicable laws or regulations of
any kind. Any stamps on tickets, customs, excise or other
taxes or fines on the Guest or the Carrier resulting from
the Guest's conduct, embarkation expenses, and all expenses
of such a nature are to be paid by the Guest. If the Guest
is denied boarding for failing to comply with the requirements
of this paragraph, the Carrier shall not be liable to refund
the Guest’s fare or for any other damages or expenses
whatsoever.
12. Use of Travel Agent: The Guest agrees
that any travel agent utilized by the Guest in connection
with the purchase of the cruise or issuance of this Contract,
or for any related or incidental air or ground transportation
or excursions, is solely the Guest's agent and the Guest shall
remain liable to the carrier for the full applicable cruise
fare. The Carrier shall not be responsible for any representations,
insolvency or other conduct of a travel agent, including but
not limited to such agent's failure to remit any portion of
the cruise fare to the carrier, or any refund to the Guest.
The Guest agrees that receipt of any refunds or notices by
the Guest’s travel agent, including this Contract, shall
constitute receipt by the Guest.
13. Severability: Should any provision
of this Contract be deemed invalid for any reason, the Guest
agrees that 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.
14. Venue and Governing Law: Except as
otherwise specified herein, this Contract shall be governed
in all respects by the General Maritime Law of the United
States and, only when not inconsistent with the provisions
of this Contract or U.S. maritime law, the laws of the State
of Florida. It is hereby agreed that any and all claims, disputes
or controversies whatsoever arising from, related to, or in
connection with this Contract or the Guest’s voyage,
including any activities on or off the vessel or transportation
furnished therewith, shall be commenced, filed and litigated,
if at all, before the United States District Court for the
Southern District of Florida in Miami, Florida, U.S.A., or
as to those lawsuits for which the United States District
Court for the Southern District of Florida lacks subject matter
jurisdiction, before a court of competent jurisdiction in
Miami-Dade County, Florida, U.S.A., to the exclusion of the
Courts of any other country, state, city or county.
15. Cancellation: Cancellation fees for
cruise, air, land and other charges apply to all Guests on
the reservation. Cancellation fees for air, land and other
charges will apply even if the reservation is not cancelled
in full. Gateway changes for air and name changes for cruise,
air, land and other add-ons are considered cancellations of
those items. Cancellations must be telephoned to our Reservations
Department. Depending on when the cruise is cancelled, cancellation
charges will be assessed pursuant to the Terms and Conditions
of the cruise brochure, and cancellation charges are subject
to change without notice. Air tickets issued by our Air/Sea
Department for Guests on our Air/Sea Programs are refundable
only to Carrier. Group Guest policies may differ and payment
and cancellation charges may differ by promotion. Refer to
your travel agent, group booking agreement or promotion for
specific terms and conditions.
16. Use of Guest Likeness: The Guest consents
to Carrier's use and display of the Guest's likeness in any
video, photograph or other depiction for any purpose, commercial
or otherwise, without compensation or liability of any kind.
The Guest's consent extends to minors and other persons in
the care and charge of the Guest.
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