Ticket Contract (EU)

IMPORTANT NOTICE TO GUESTS:

 THESE TERMS AND CONDITIONS ARE ONLY APPLICABLE TO BOOKINGS MADE IN A EUROPEAN UNION MEMBER STATE. THIS CRUISE CONTRACT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND CARRIER (AS DEFINED BELOW) AND CONTAINS IMPORTANT LIMITATIONS ON YOUR RIGHTS. PLEASE READ CAREFULLY ALL THE TERMS & CONDITIONS OF THIS AGREEMENT PAYING PARTICULAR ATTENTION TO SECTIONS 9-10, 22 AND 24-32, WHICH LIMIT OUR LIABILITY AND YOUR RIGHT TO SUE.

1.    Introduction:

The provisions of this Cruise Contract (also referred to as “Contract” or “Ticket”) represent the entire agreement between You (hereinafter referred to as “You” or “Guest(s)”) and Carrier. Guest’s acceptance and/or use of the Ticket constitutes Guest’s consent on their behalf and on behalf of all other persons travelling under this Contract to be bound by the terms and conditions contained herein. The provisions contained herein supersede any oral or written representations or agreements relating to the subject matter of this Contract.  In the event of any conflict between published information available on Carrier’s website or otherwise and this Ticket, the terms of this Ticket shall prevail.  Any change in these provisions must be in a prior writing and signed by a duly authorized corporate officer of Carrier and may require a commensurate increase in the Cruise Fare.

2.    Definitions: 

A)     The term "BAGGAGE" means the luggage, bag(s) or suitcase(s) in or by which the Guest contains and transports that property not worn or carried on the person on to and off of the Vessel.

B)     The term “CARRIER” includes the Vessel, Cruise Yacht OpCo Ltd., or Next-Gen Cruises Ltd., both doing business as The Ritz-Carlton Yacht Collection, and its or their owners, charterer(s), parents, subsidiaries, affiliates, principals, agents, licensors, joint venturers and all employees, officers, crew members, pilots, and agents of such individuals, companies, and entities. Cruise Yacht OpCo Ltd and Next-Gen Cruises Ltd, both doing business as The Ritz-Carlton Yacht Collection operate under a license from The Ritz-Carlton Hotel Company, L.L.C. (“The Ritz-Carlton”) and are not an affiliate of or related to The Ritz-Carlton or its affiliates.
 

C)     The term “CARRIER ENTITIES” means Carrier and Hotel Services Operator and their respective affiliates, employees, and agents.

D)     The term “CARRIER ENTITIES’ AFFILIATES” includes any other company or entity that is in any way related to Carrier or Hotel Services Operator in any manner, including but not limited to Carrier’s parent company, the Hotel Services Operator’s parent company, and their respective affiliates, officers, directors, agents, and employees of each or any of the foregoing.

E)     The term “CARRIER’S SUPPLIERS” includes suppliers of goods and services, and includes but is not limited to caterers, concessionaires, physician and medical personnel, all shore excursion and/or tour operators, independent contractors, as well as designers, installers, and manufacturers of the Vessel or any component parts or tenders thereof, and to all of their respective agents and employees.

F)     The term “CRUISE” means passenger transport and accommodation on board the Vessel to one or more destination(s) and following the itinerary identified in the Guest Confirmation.

G)     The term “CRUISE FARE” means the amount paid for the Ticket as further described in Section 3.

H)     The term “HOTEL SERVICES OPERATOR” means Luxury Hotels Management (BVI) Limited, the entity that provides hotel related services on the Vessel.

I)     The term “GUEST” or “GUESTS” refers to a passenger on the Vessel and includes every person named on the Guest Confirmation.

J)     The term “GUEST CONFIRMATION” refers to the document provided to the Guest after Carrier has received the deposit described in paragraph 3 (A), which shall be incorporated by reference into this Cruise Contract.

K)     The term “PACKAGE TRAVEL REGULATIONS, 2018, AS AMENDED” refers to the Legal Notice 94 of 2018 titled “Package Travel and Linked Travel Arrangements Regulations, 2018” issued under the Malta Travel and Tourism Services Act, Chap. 409 of the Laws of Malta and implementing Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.

L)     The term "PROPERTY" means such belongings, effects, and possessions, including Baggage, as the Guest may bring on board the Vessel or acquired during the Cruise, irrespective of whether the property is placed in the Guest's suite or worn by the Guest, or stored in the Vessel's baggage room, holds, or safe against receipt at the request of the Guest. It includes, but is not limited to, money, gold, jewellery, watches, precious stones and metals, securities, financial instruments, tickets, works of art, electronics, computers, digital or flash drive computer equipment, cellular telephones, camera/video/audio equipment or supplies, CDs, binoculars, dental hardware, eyewear, hearing aids, medications, medical equipment, and/or other valuables.

M)     The term “VESSEL” includes the vessel named in the Ticket or any vessel substituted for the one named in the Ticket, and its tenders, rigid inflatable boats, marina equipment or any other means of conveyance owned, operated, or managed by Carrier in whole or in part.

N)     The term “TRAVEL DOCUMENTS” means a valid passport, all visas and other travel documents required for embarkation and disembarkation and for all ports of call and are the sole responsibility of Guest to obtain and produce.

O)    The term “SPA” means the area designated as The Ritz Carlton Spa within the Vessel.

P)    The term “MASTER” means the Captain of the Vessel or any person who acts under his 
authority.    

R)    “SHORE EXCURSIONS” and “SHORE EXPERIENCES” may include purchased shore tours and activities that take place while in port. These terms are used interchangeably and are subject to change or cancellation without prior notice.

3.    Cruise Information, Cruise Fare and Payment Terms:

A) Cruise Yacht OpCo. Ltd., and Next-Gen Cruises Ltd., both doing business as The Ritz-Carlton Yacht Collection are licensed by the Malta Tourism Authority to provide travel services and shall be responsible for the performance of the travel services forming part of the Cruise. The details of your Cruise as well as other important information and your special requirements (where applicable) are included in the Guest Confirmation provided to you at the time of booking.

B) When you make your booking with Carrier you will be asked to pay a deposit of twenty-five percent (25%) of the Cruise Fare. The balance of the Cruise Fare must be paid at least one hundred fifty (150) days before your Sailing Date. If the deposit and/or balance is not paid on time, we shall cancel your travel arrangements. If the balance is not paid on time, we will consider this a cancellation under Section 6, and we shall refund the deposit after deducting the administrative charge of €250 or £200 or $250USD.

C) Cruise Fare covers normal onboard services and facilities including suite accommodations, onboard meals, entertainment plus all non-alcoholic beverages, select wines and liquors and gratuities for housekeeping, dining, and bar staff. The Cruise Fare does not include air fare, transfers, hotel accommodations, premium internet, meals in specialty restaurants, and baggage handling/storage charges, fuel surcharges, fees or charges imposed by governmental or quasi-governmental authorities, shore excursions, sightseeing or meals ashore, taxes, visa fees, laundry or dry cleaning, or any item or service whatsoever of a personal nature, such as medical treatment, expenses incurred on board or ashore in connection with medical treatment, medical condition, or medical disembark, massage, spa services or hairstyling for which separate charges may be imposed.  In addition, some premium champagne, wine, spirit selections and caviar are not included in your Cruise Fare. Cruise Fare also does not include miscellaneous charges levied by the airlines for services, including but not limited to Baggage, meals, special seat assignments or any other airline-provided service, which are the Guest’s responsibility. Details regarding such fees are available on the individual airlines' websites. Onboard shipboard credits are non-refundable and non-transferable.

4.    Non-Transferability/Binding Effect: 

The Ticket is valid only for the Guest or Guests named on the Guest Confirmation for the date (the “Sailing Date”) and Vessel indicated. It may not be sold. Notwithstanding anything to the contrary, it may not be assigned or transferred unless reasonable notice is given by Guest to Carrier of no less than seven (7) days before the Sailing Date in accordance with the Package Travel Regulations, 2018, as amended. The Terms and Conditions of the Contract are binding on, and confer benefits to, the Guest, the Guest’s spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. The Guest represents and warrants that he or she is duly authorized by and on behalf of all Guests (including accompanying minors) named on the Guest Confirmation to agree to all the terms and conditions of the Contract and to bind all such Guests to such terms and conditions.

5.    Prior to Boarding/Check-in/Documentation:

VALID UNDAMAGED GOVERNMENT PHYSICAL PASSPORTS ARE REQUIRED TO BOARD.

Guests must be on board the Vessel the earlier of (i) two (2) hours prior to departure; or (ii) 4:00 pm (16:00 hours) to ensure attendance at all mandatory safety drills. 

At the time of embarkation, the Guest is responsible for having received all medical inoculations necessary for the Cruise and having in his or her possession the Ticket and Travel Documents (including but not limited to, the Guest Confirmation, valid passport, visas, and other documents necessary for the scheduled ports of call and disembarkation. Guests must take all steps (including provision of all necessary Travel Documents) required to enable Guests to embark the Vessel, disembark the Vessel at any port of call and to comply with the laws of the country in which each such port is situated. All Guests, regardless of the itinerary, are required to: (1) provide their passport information at the time of final payment and (2) present a physical copy of their fully valid undamaged passport at embarkation aboard Carrier’s Vessel. Passports must be valid six (6) months from the date of trip completion. The passport must also contain at least four blank pages to allow for immigration stamps. Guests lacking the required travel documents will be denied boarding and shall be entitled to no refund or compensation of any kind as a result of such denied boarding. A valid passport is required for every sailing regardless of itinerary. Guests will not be permitted to board the Vessel without a valid passport. Carrier Entities shall not in any circumstances whatsoever be liable for the consequence of any insufficiency or irregularity in such documents, the failure of Guest to have the appropriate Travel Documents or the non-compliance by Guest with any such laws, regardless of whether any such documents are produced to C Carrier by Guest or that information or advice regarding laws is given by Carrier or Carrier Entities to Guest. If Guest does not have the proper documentation required for the countries to be visited during the cruise, then Guest will be denied boarding. Should Guest be denied boarding for not having proper Travel Documents, C Carrier shall have no liability to Guest and no refund of the Cruise Fare will be made by Carrier to Guest.

Proper travel documentation and eligibility to travel is required at the embarkation and throughout the cruise. In addition to immigration and customs requirements, the U.S. government and others place restrictions on the carriage of Guests whose names appear on government watch lists or who are deemed legally ineligible to travel. It is the Guest’s sole responsibility to ensure his/her legal eligibility to travel and to bring and have available at all times all required travel documents. Guests are advised to check with their travel agent and with the appropriate government authority to determine the necessary documents and travel eligibility requirements for their Cruise. It is the Guest’s responsibly to confirm the necessary requirements with the relevant embassies and/or consulates based on their country of residence/citizenship. The specific visa requirements for a country can be found on https://foreignaffairs.gov.mt/en/Pages/Travel-Advice.aspx as well as at https://www.gov.uk/foreign-travel-advice. CARRIER may cancel the booking of any Guest who is or becomes ineligible to travel for any reason or who is traveling without proper documentation. Under these circumstances the Guest shall not be entitled to a refund or compensation of any kind.

Non-U.S. citizens that are eligible to apply for admission under the Visa Waiver Program must have a valid, unexpired machine-readable passport that includes specified security features (biometric identifiers). In addition, travelers are required to have an electronic travel authorization via the Electronic System for Travel Authorization (ESTA).  Electronic System for Travel Authorization is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program. ESTA applications may be submitted any time prior to travel. However, it is recommended that guests apply when they begin preparing their travel plans. We suggest that guests visit www.cbp.gov/travel/international-visitors/esta for additional information regarding ESTA.  Guests will need to print and carry their Electronic System for Travel Authorization as it will need to be presented at cruise check-in along with their passport. An ESTA needs to be completed for each family member traveling on the cruise.

All passports, visas and other travel documents required for embarkation and disembarkation and at all ports of call are the responsibilities of the Guest. The Guest should confirm the necessary requirements with the relevant embassies and/or consulates based on their country of residence/citizenship. The specific visa requirements for a country can be found on https://foreignaffairs.gov.mt/en/Pages/Travel-Advice.aspx as well as at https://www.gov.uk/foreign-travel-advice. 

Carrier Entities shall not in any circumstances whatsoever be liable for the consequence of any insufficiency or irregularity in such documents or the non-compliance by the Guest with such laws; notwithstanding that such documents are produced to Carrier by the Guest or that information or advice as to said laws is given by Carrier Entities to the Guest. If the Guest does not have proper documentation, he or she will not be allowed to board the Vessel.

6.    Cancellations by Guests:

Guest is not entitled to any refund, payment, compensation of any kind or credit for cancellation except as provided in this section or as otherwise provided by law. Cancellation penalties will apply when the entire Cruise booking is cancelled and applies to all travel products and /or services purchased, including Cruise, airfare, and land arrangements. Cancellation charges are imposed regardless of resale of the Cruise, hotel, or air components.

Guest hereby agrees that losses sustained by Carrier in the event of a cancellation would be very difficult or impossible to quantify, and that the fees set forth below represent a fair and reasonable assessment as liquidated damages.  Cancellations may be made by telephone or in writing. Requests by Guest to change to their Sailing Date will be treated as a cancellation. For cancellations, any amounts paid by Guest less applicable cancellation fees will be refunded as set forth herein. No refunds will be made in the event of cancellation or curtailment by Guest after the Sailing Date. All refunds will be made to the individual or entity who made the payments being refunded.  Refunds will be made in the same form of payment in which payment was originally received. Carrier Entities are not responsible to Guest for the receipt of monies refunded by Carrier directly to travel professionals. All Tickets and any airline tickets issued by Carrier must be returned by Guest before refunds will be processed. Carrier Entities will not be responsible in the event that travel professionals charge an agency cancellation fee. Carrier reserves the right to restrict changes to a booking once a deposit has been received. All requested changes are at Carrier’s sole discretion and subject to availability.

CRUISE CANCELLATION:

Cruise cancellation requests received within 150 days of the Sailing Date will be subject to the following cancellation fees:

150 to 121 days prior to Sailing Date  a cancellation fee equal to 25% of the Cruise Fare

120 to 91 days prior to Sailing Date   a cancellation fee equal to 50% of the Cruise Fare

90 to 61 days prior to Sailing Date    a cancellation fee equal to 75% of the Cruise Fare

60 days or less prior to Sailing Date   a cancellation fee equal to 100% of the Cruise Fare

If a cancellation request is received more than 150 days prior to the Sailing Date, and a deposit has already been paid on the booking, Guest will receive a full refund of the Cruise Fare less an administrative fee of €250 or £200 or $250USD per person (the “Administrative Fee”). The Administrative Fee is non-refundable but may be applied towards a new booking made within twelve (12) months of the cancellation date. The Administrative Fee may only be applied to one (1) new booking.  The Administrative Fee will be forfeited if not applied to a new booking within twelve (12) months of the cancellation date or if the new booking is subsequently cancelled. All refunds will be made to the individual or entity who made the payments being refunded.  Refunds will be made in the same form of payment in which payment was originally received.

Guest requested downgrades of suite categories will be treated as a cancellation subject to the cancellation fees set forth above. For example, if Guest originally booked a Signature suite for 20,000 EUR or GBP but then requested a downgrade to a Terrace suite (priced at 10,000 EUR or GBP) within ninety (90) days of the Sailing Date, the cancellation fee is 50% of the total Cruise Fare. Therefore, Carrier will refund Guest 10,000 EUR or GBP representing the difference between the Signature suite and the Terrace suite, after the applicable cancellation fee of 10,000 EUR or GBP is applied.

Changes to a booking after the deposit and/or full payment has been received, and prior to the issuance of travel documents, may also result in an assessment of administrative fees and service charges which are beyond the control of Carrier. Administrative fees and service charges may vary based on the type of change made to Guest’s cruise and/or tour package, itinerary, hotel, land, or air arrangements.  Guest will be responsible for any additional costs which are incurred as a result of requested changes.  Any changes to a reservation that result in imposition of airline or other cancellation fees are the responsibility of Guest. No refund, payment, compensation, or credit of any kind will be made for lost tickets, unused or partially used portions of the cruise, air, or land programs, including Shore Experiences, except as specifically outlined in this Contract or other applicable terms and conditions.

AIR CANCELLATIONS:

Once issued, air tickets are subject to all applicable airline charges and fees for changes.  Any change made within sixty (60) days of the Sailing Date will be subject to a non-refundable, non-transferable air administrative fee of USD/EUR/GBP $/€/£150 per person (the “Air Administrative Fee”).  

PRE- & POST-HOTEL PROGRAMS CANCELLATIONS:
 
For hotel bookings made via Marriott STARS, please see Marriott’s terms and conditions. Pre- & Post-Hotel Programs cancellation requests received within 120 days of the Sailing Date will be subject to the following cancellation fees: 

120 to 91 days prior to Sailing Date   25% cancellation fee equal to 25% of the total hotel cost

90 to 61 days prior to Sailing Date   50% cancellation fee equal to 50% of the total hotel cost

60 days or less prior to Sailing Date   100% cancellation fee equal to 100% of the total hotel cost

If a hotel cancellation request is received more than 120 days prior to the Sailing Date and a deposit has already been paid on the booking Guest will receive a full refund.

PRE- & POST-TRANSFERS CANCELLATIONS:

Pre- & Post-Transfers cancellation requests received within fifteen (15) days of the Sailing Date will be subject to the following cancellation fees: 

14 to 7 days prior to Sailing Date   50% cancellation fee equal to 50% of the total transfer cost

6 days or less prior to Sailing Date   100% cancellation fee equal to 100% of the total transfer cost

If a transfer cancellation request is received more than fourteen (14) days prior to the Sailing Date and a deposit has already been paid on the booking Guest will receive a full refund.

SHORE EXCURSIONS CANCELLATIONS:

The program name “Shore Excursions” is subject to change without prior notice. Depending on the category of the Excursion, a different Cancellation Fee will apply:

FOR SELECT GROUP EXCURSIONS:

Unless otherwise noted within the cancellation terms provided at the time of booking within Guest’s on-line portal, My Yacht Account, cancellation requests must be received at least 48 hours prior to the scheduled tour departure to avoid cancellation fees.

FOR PRE-DESIGNED PRIVATE EXCURSIONS:

This excursion requires full payment upon booking. Cancellation requests will result in a 100% cancellation fee.

FOR CUSTOM PRIVATE EXCURSIONS:

All Custom Private Excursions are payable upon booking and shall be subject to a 100% cancellation fee regardless of suite category and/or opportunity of cancelation.

Be aware that all guests wishing to create custom excursions through Carrier’s Custom Private Excursions are subject to a non-refundable, non-transferable administrative fee of USD/GBP/EU £/€200 per person (the “Custom Excursion Administrative Fee”) for each custom excursion created. The Custom Excursion Administrative Fee will be credited toward the price on the excursion(s) booked through the Custom Private Excursion. Certain Suite Categories will not be subject to this fee (See Schedule below for reference):

SUITE CATEGORY                                                            CUSTOM EXCURSION ADMINISTRATIVE FEE

Evrima – Terrace, Signature, Grand and Loft                      USD/GBP/EU £/€200 per person 

Evrima – Owners and View Suites                                          No Custom Excursion Fee

Ilma – Terrace, Signature, Grand, Ilma and View Suites   USD/GBP/EU £/€200 

Ilma – Owners and Concierge Suites                                      No Custom Excursion Fee

THE RITZ-CARLTON SPA SERVICES CANCELLATIONS:

Unless otherwise noted within the cancellation terms provided at the time of booking a specific spa service, Spa service cancellation requests must be received at least twenty-four (24) hours before the scheduled service.  A 100% cancellation fee will be applied if cancelled less than twenty-four (24) hours prior to the scheduled appointment.

7.    Air, Hotels, and Transfers

All arrangements made for or by Guest for transportation (other than on the Vessel) before, during or after the Cruise of any kind whatsoever, as well as air arrangements, shore excursions, tours, hotels, restaurants, attractions and other similar activities or services, including all related conveyances, products, or facilities, are made solely for Guest’s convenience. 

Air

Carrier’s air program is offered as a convenience for guests from select US and Canadian gateways only.  CARRIER is merely facilitating the air arrangements on the Guest’s behalf. Carrier does not operate, control, or supervise any airline and will not be held responsible for any airline failing to meet schedules, whether or not air tickets were issued by Carrier. Air arrangements are made at Carrier’s sole discretion and are limited to airline scheduling and the availability of negotiated airfares with various air carriers. Carrier’s responsibility does not extend beyond the Vessel.

The identity of the air carriers, which may include the air carrier’s code-share partner, will be assigned, and disclosed when flights are confirmed. Name changes are not permitted after initial confirmation.  Payment of additional costs incurred for changing a name on an airline reservation will be the sole responsibility of Guest. Air ticket pricing is not guaranteed until the air tickets are issued.   Airline tickets will not be released until required information, details including but not limited to, passport number, expiration date, gender, date of birth, nationality, and Guest’s name as it appears on their passport and payment for the air tickets has been received.  Air ticket pricing does not include fees for baggage, seat assignments or meals. Once air tickets are issued, they are subject to all applicable airline charges and fees for changes and cancellations.  Discrepancies brought to Carrier’s attention after ticket issuance will result in full forfeiture of the original airfare paid and guest(s) will be required to pay applicable penalties prior to issuing replacement ticket(s).

Some sailings may require a pre or post hotel stay.  Costs associated with overnight stays are at Guest’s expense. Guests are at all times responsible for additional costs incurred when purchasing additional hotel nights, early check-in, late check-out, room upgrades, meals, additional ground transportation, etc. 

Hotels

Carrier offers guests the ability to reserve accommodations, when possible, at Ritz-Carlton Hotels, Marriott Luxury and Premium brands or at other deluxe hotels unless otherwise noted. Hotel nights purchased through Carrier include room accommodation, and applicable taxes and fees.  Amenities include daily breakfast in a restaurant.  

All rates listed for the hotel stays are per guest and are subject to change until payment is received in full by Carrier. Carrier reserves the right to substitute hotel selection.  Any incidental or extra charges incurred by Guest at a Hotel are the responsibility of Guest. Carrier’s responsibility does not extend beyond the Vessel.

Transfers

For an additional fee, group and private transfers can be arranged as early as 300 days prior to sailing or on board the Vessel. Transfers between the airport and the pier, or between the pier and the hotel are available on embarkation and debarkation days for an additional fee. Carrier’s responsibility does not extend beyond the Vessel.
 

8.    NAME CHANGES:

Any substitution of booked guests requires Carrier’s prior written approval and may not always be possible. A substitution of a booked guest is the cancellation of one guest and the addition of a new guest on a booking. If permitted, guests shall be permitted to change the name of one guest only between 150 and 45 of the Sailing Date with only an administrative fee of €250 or £200 or $250USD applied.  Inside of forty-five (45) days of the Sailing Date any substitution of a guest on the booking will be considered a full suite cancellation and applicable cancellation fees will be assessed to the original guests and the new guests will be subject to prevailing Cruise Fare.  

9.    BAGGAGE, VALUABLES AND OTHER POSSESSIONS:

Guests may bring a reasonable amount of clothing and personal effects on the Vessel without charge. Guests are encouraged to check with their airline regarding any additional restrictions. Guests participating in any overnight excursion that requires air travel are subject to any Baggage charges as set forth by the individual airlines. All Baggage must be securely packed and clearly labeled with Guest’s full name, the name of the Vessel, the suite number of Guest, and the Sailing Date of the Vessel and include the luggage tag provided by Carrier.

A)    Guests must personally carry any Baggage containing fragile items and valuables, including, but not limited to, jewelry, watches, money, precious stones and metals, securities, checks, wines, other financial instruments and/or tickets, personal electronic devices, and medication, at all times during transit, including on and off the Vessel.  Baggage shall remain the personal responsibility of Guest at all times. Carrier Entities are not responsible for loss of or damage to any such items including those stored in the suite safe.

B)    Any liquid, perishable, or other sensitive articles not suitably packed are transported at Guest’s own risk. Weapons, ammunition, explosives, flammable materials, and substances that are hazardous, disabling, or illegal, non-prescription controlled substances or any other item that in the opinion of the Master of the Vessel is considered dangerous, including cannabis of any kind whether or not prescribed by a physician, are strictly prohibited aboard the Vessel. Examples of dangerous items include, but are not limited to, firearms, stun guns, swords, ice picks, knives, or drones. Any such items shall be surrendered to the Master at embarkation and may be disposed of at the sole discretion of the Master. 

10.    LIABILITY LIMITATIONS FOR LOSS OF OR DAMAGE TO PROPERTY:

A) The total value of a Guest’s Property brought on board the Vessel shall be deemed not to exceed EUR 300 per Guest. Carrier Entities shall not be responsible or liable for any loss of or damage to Guest's property, unless Guest proves such loss or damage was proximately caused by negligence of Carrier Entities or their employees acting in the course and scope of employment. The total Carrier Entities’ liability for loss of or damage to property of any Guest is limited to the amount of EUR 300 per Guest per cruise, unless Guest before embarkation declares the true value of the property, advises Carrier in writing of such true value, and pays a fee to Carrier of five percent (5%) of the declared value up to a maximum of EUR 5,000. Liability will in this event be limited to the true value declared, but in no event and under no circumstance will the total Carrier Entities’ liability for the true value declared exceed EUR 5,000. If a Guest travels by air or other transportation, the terms and conditions of the airline or other transportation provider apply to the Guest’s carriage on those conveyances, and Carrier Entities shall not have any liability for loss or damage to Baggage, valuables and other personal belongings arising out of, or related to, such air or other travel.

B) Carrier provides safekeeping for valuables on board the Vessel and encourages Guests to deposit any jewellery or other valuables brought on board the Vessel with the guest services staff who will issue a receipt for such valuables. Carrier also provides an in-suite personal safe for your convenience. The value of articles delivered for safekeeping shall also be deemed not to exceed EUR 300 unless the Guest declares in writing the articles delivered are of a higher value and meets the other requirements set forth in Section 9(A). Carrier Entities’ maximum liability is as set forth in this Section 9.
 
C)  Carrier Entities shall in no event be liable for the loss of or damage to Property unless such Property has been deposited with the Master or other designated representative against receipt for the agreed purpose of safekeeping. In the event of such deposit, Carrier Entities’ liability for loss or damage thereof shall be controlled by the provisions of this Section 9.

D) All settlements will be made on the basis of actual cash value (replacement cost, less depreciation) to the extent of the EUR 300 limit of liability of Carrier Entities. Claims for damaged items will be settled on the basis of cost of repair. No amount shall be paid in settlement of any claim without proof provided to Carrier Entities of the actual cash value, or repair cost, as applicable, arising from the loss or damage. Liability must also be proven before any settlement will be paid.

E) Personal belongings lost while unattended in public lounges or other public areas, whether on board the Vessel or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, acts of God, or any other cause beyond Carrier Entities control are not reimbursable. Guest shall be responsible for any cost incurred by Carrier in returning any lost personal belongings to Guest.

11.     ITINERARY/RESERVATION OF RIGHT TO CHANGE/DETENTION:

Except as otherwise provided, Carrier may, for any reason, without prior notice, whether or not a deposit has been received: cancel the cruise, deviate from the scheduled ports of call, route and/or timetable, call or omit to call at any port or place or cancel or modify any activity on or off the Vessel, comply with all governmental laws and orders given by governmental authorities, render assistance to preserve life and property, change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten or lengthen the cruise or substitute ships, aircraft or other transportation or lodging.  Guests should not make any important arrangements or meetings based on the scheduled itinerary as it may change; any changes to the scheduled itinerary are made without liability to Carrier Entities. Furthermore, the Master of the Vessel as well as the operator of any other means of transportation may, in their sole discretion, take any action deemed necessary for the safety, security, comfort, or well-being of any person or to prevent damage to or loss of the Vessel.

Where a scheduled itinerary is modified by Carrier, Guest shall have no claim against Carrier Entities, and Carrier Entities shall not be liable for damages or a refund, or for any portion thereof, or other payment, compensation or credit of any kind; nor for hotel or meal charges, travel expenses or other loss, delay, inconvenience, disappointment or expense whatsoever; this extends, without limitation, to: inclement weather; health, medical or environmental considerations; labor, political or social disturbances or unrest; operational, commercial or safety reasons; or if it was based on a good faith belief by Carrier or the  Master of the Vessel that the cruise or any portion thereof might endanger the Vessel or expose any person or property to loss, injury, damage or delay. Whenever the performance of the cruise is hindered or prevented by any cause or circumstance whatsoever, the cruise may be terminated, and Guest may be landed with no further liability of Carrier Entities for refund, payment, compensation, or credit of any kind. Under no circumstances shall Carrier Entities be, or become, liable for consequential or other damages of any kind sustained by any Guest.

Notwithstanding the foregoing, for Guests embarking a cruise at a United States port, should Guest’s cruise be (i) cancelled or (ii) delayed for more than three (3) calendar days with Guest electing not to travel on the delayed cruise, and Guest declines to accept a future cruise credit as a result of the cancellation or delay, Guest is entitled to a refund of the cruise fare paid and any ancillary services booked directly through Carrier for the cancelled or delayed cruise. 

In order to claim such a refund, Guest must submit their request by email to info@ritz-carltonyachtcollection.com no later than ninety (90) days after the originally scheduled embarkation date of the cancelled/delayed cruise. CARRIER will review the refund request and respond by email within one hundred eighty (180) days of the date the claim is made.

12.      LACK OF CONFORMITY OF THE CRUISE:

A) Carrier may need to deviate from the scheduled ports of call, route and timetable; call or omit to call at any port or place or cancel or modify any activity on or off the Vessel; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property; or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten or lengthen the Cruise or substitute ships, aircraft or other transportation or lodging. Accordingly, Guests should not make any important arrangements or meetings based on the scheduled Cruise, which may change without liability to Carrier Entities. Furthermore, the Master of the Vessel as well as the operator of any other means of transportation may, in his/her sole discretion, take any action deemed necessary for the safety, security, comfort, or well-being of any person or to prevent damage to or loss of the Vessel.

B) If, as a result of a change contemplated in Section 11(A) above, the Guest feels that the Cruise does not conform to this Cruise Contract in any material respect, the Guest shall inform Carrier without undue delay during the Cruise and shall, where applicable, be entitled to the remedies available under Regulation 12 and 13 of the Package Travel Regulations, 2018, as amended. In particular, and without prejudice to the other provisions of the above-mentioned Regulation 12 and 13, Carrier shall seek to remedy the lack of conformity unless it is either: (i) impossible to remedy the lack of conformity; or (ii) it entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. In the event that Carrier fails to remedy the lack of conformity the Guest may claim a price reduction and/or compensation unless the lack of conformity is attributable to: (i) the Guest himself/herself; (ii) to a third party unconnected with the Cruise and is unforeseeable and unavoidable; or (iii) unavoidable and extraordinary circumstances including Force Majeure defined in Section 36.

13.     OBLIGATION TO PROVIDE ASSISTANCE:

Where it is not possible to ensure the Guest’s return in accordance with the Cruise itinerary as a result of unavoidable and extraordinary circumstances, or where the Guest is otherwise in difficulty, Carrier will give appropriate assistance without undue delay, in particular by providing appropriate information on health services, local authorities and consular assistance and assisting with distance communications and helping the Guest find alternative travel arrangements. Provided that, where the Guest is in difficulty as a result of his/her fault or negligence, Carrier shall be entitled to reimbursement of all costs incurred in providing such assistance.

14.     FITNESS TO TRAVEL/HEALTH/PREGNANCY/WELLNESS PROGRAM: 

A)    Guest represents and warrants that Guest is physically, mentally, and otherwise fit to travel; that Guest has received all medical inoculations necessary. Guest further represents and warrants that Guest will at all times comply with the Vessel’s rules and regulations and orders and directions of the Vessel’s officers and medical staff, and that Guest’s conduct will not impair the safety of the Vessel or inconvenience other Guests. If Carrier Entities incur any cost as a result of Guest’s failure to follow the orders and directions of the Vessel’s officers and medical staff or as a result of Guest’s failure to follow any legal requirement (including those related to inoculations), or Guest is required to remain on board the Vessel or elsewhere, due to injury or illness, or due to action of any government or authority, or for any other reason which is not the fault of Carrier Entities, Guest must pay or reimburse Carrier Entities for all resulting costs and expenses including for food, transportation, accommodation, medical and/or repatriation services including, but not limited to, such costs incurred by, or on account of, services provided by port agents and other shoreside service providers, as well as Baggage shipping costs or Guest and those accompanying Guest and any fines incurred by Carrier, the Vessel or the Master as a result of such repatriation.

B)    Carrier is unable to accommodate women who have entered their 24th week of pregnancy (23 weeks + 1 day) as of the Sailing Date. Guests who have entered their 24th week of pregnancy as of the Sailing Date may not book the cruise or board the Vessel, and such Guests agree not to present themselves for embarkation. Carrier reserves the right to request a letter from Guest’s physician attesting to Guest’s fitness to travel by sea during their pregnancy. Guest acknowledges Carrier’s Vessel does not have facilities or capability to treat complications which may arise during or after the 24th week of pregnancy and will not be able to deliver and care for newborn children.

C)    Guest acknowledges that participation in Carrier’s Wellness Program is at Guest’s own risk.  The Spa associates are not health care practitioners and cannot be expected to diagnose and treat individual health problems.  Guests are responsible for discussing any questions or concerns they may have about their condition throughout any program or treatment at the Spa and, should any symptoms occur, Guests will inform Spa personnel of the symptoms and immediately cease participation.  In the event Guest has reason to believe that medical clearance must be obtained prior to participation in or use of any Spa treatments, saunas, steam, whirlpools, pools, exercise programs or facility equipment, Guest agrees to consult their physician and follow their physician’s recommendation prior to the commencement of any program or activity within the Spa.  By choosing to participate in any Spa activities or programs, which includes fitness programs, Guest warrants that, to the best of their knowledge, that they have no impairment or ailment that prevents them from engaging in such participation and understands that participation may denied at the discretion of the Spa associates should it be determined that Guest’s participation is inadvisable. 

D)    In participating in any Spa activities or programs Guest agrees that they are responsible for their own health and safety. Guest hereby releases and forever discharges, indemnifies, defends and holds harmless Carrier Entities from any and all suits, claims, losses, liabilities, demands, promises, obligations, costs or expenses (including reasonable attorney’s fees), damages, actions and causes of action of any type or kind directly or indirectly arising out of or caused by Guest’s  utilization of the Spa facilities, use of an Wellness equipment or participation in any programs or activities offered by the Spa or Carrier.  

E)    Carrier shall have the right to deny boarding for any Guest who violates or fails to comply with the policies in this Section 13 and/or 43.  If Carrier exercises its rights under Section 13 and/or 43 for non-compliance with these policies, Guest shall have no claim against Carrier Entities whatsoever and Carrier Entities shall have no liability for refund, compensation, loss or damages of Guest, including but not limited to expenses incurred by Guest for accommodations or repatriation.

15.     SAFETY, SECURITY & HEALTH:

Carrier endeavours at all times to exercise reasonable care for Guests' comfort and safety on board its Vessels. Carrier cannot guarantee freedom from any risks associated with war, terrorism, crime, health risks or other potential sources of harm. Carrier reminds all Guests that they must ultimately assume responsibility for their activities while ashore and for their travel choices. We recommend that Guests check with the relevant foreign office travel advisory information updates for any safety related destination information before travelling. Carrier recommends that Guests and their travel agents obtain and consider such information when making travel decisions.

The Guest, in the interests of international security and safety at sea and in the interests of the convenience of others, agrees and hereby consents to a reasonable search being made of the Guest's person, Baggage, Property, and suite, and to the removal and confiscation or destruction of any object which may, in the opinion of Carrier or the Master, impair safety, cause inconvenience, annoyance or nuisance to others, or violate Carrier’s rules and regulations.

16.     CHILDREN AND MINORS:

Children under six (6) months of age will not under any circumstances be permitted on the Vessel. Age is determined as of the Sailing Date. NO EXCEPTIONS WILL BE MADE TO THIS POLICY. For cruises that have three or more consecutive days at sea, children must be at least one (1) year of age as of the Sailing Date. Guests will be required to complete a form for minors between the ages of six (6) months and three (3) years of age. These forms can be obtained by contacting specialservices@ritz-carltonyachtcollection.com. Guests must notify Carrier at the time of booking but in no event later than ninety (90) days prior to final payment of any children between the ages of six (6) months and three (3) years who will be sailing on board the Vessel. Carrier reserves the right to limit the number of children under three (3) years of age aboard the Vessel. All guests must comply with the Guest Conduct Policy which contains minor and young adult specific provisions. 

Minors under the age of eighteen (18) must be accompanied by a Responsible Adult (defined below) at all times while on the Vessel and no minor under the age of eighteen (18) will be permitted ashore without being accompanied by a Responsible Adult. 

Minors under the age of eighteen (18) traveling without a parent or legal guardian must be accompanied by an adult at least twenty-one (21) years of age or older (the “Responsible Adult”) in the same suite. The parent or guardian of any minor not traveling with a parent or guardian must appoint a Responsible Adult to have custody and control over the minor and to contract on their behalf in connection with the cruise. A “Parental Consent Guardianship” Form can be obtained by contacting specialservices@ritz-carltonyachtcollection.com. The form must be signed by a parent or legal guardian, notarized, and be received by Carrier at least thirty (30) days prior to the Sailing Date by email to specialservices@ritz-carltonyachtcollection.com.

Each Responsible Adult, or parent of, an embarked minor under the age of eighteen (18), shall be jointly and severally liable to Carrier Entities and shall reimburse Carrier Entities for all losses, damage and/or costs sustained by Carrier Entities caused directly or indirectly, in whole or in part, by reason of any act or omission of the Responsible Adult or minor under the age of eighteen (18). The Responsible Adult shall also pay to Carrier Entities the prevailing costs and fees imposed by Carrier Entities relating to the Responsible Adult’s owns acts or omissions or the failure to adequately supervise, control or care for the minor(s). Further, the Responsible Adult shall defend, indemnify, and hold harmless Carrier Entities from and against any and all liability (including reasonable legal fees) Carrier Entities may incur to any person or entity (private or governmental) for any death, injury, damage, fine or penalty arising directly or indirectly, in whole or in part, by reason of any act or omission of the Responsible Adult or the minor.

Guests further agree to abide by all age, gender, or other eligibility requirements applicable to any activities, services, or facilities available during the Cruise, including but not limited to those associated with use of any spa facilities. There may be age restrictions applicable to activities on the Vessel and ashore, which are established for the safety and well-being of all Guests. Carrier and all independent contractors reserve the right to revise eligibility requirements for activities during the Cruise or ashore for safety or other lawful reasons from time to time, and with which each Guest agrees to comply.

17.    GUESTS WITH SPECIAL NEEDS OR DISABILITIES:

Carrier requests that Guests with disabilities or special needs who may require special accommodations during the cruise including, but not limited to the use of a wheelchair or a qualified service animal, notify Carrier of any special needs at the time of booking. Guests are requested to report any special need or request for accommodation to Carrier as soon as Guest becomes aware of it. Upon booking the cruise, Guests who have special needs are requested to contact Carrier’s special services department at special.services@ritz-carltonyachtcollection.com to discuss the details of their special needs.  Personal portable oxygen tanks and oxygen concentrators may be used on board, provided that Carrier Special Services Department is notified at least thirty (30) days prior to sailing in writing at the address provided in Section 41 below and emailing special.services@ritz-carltonyachtcollection.com.

If any such special need or condition arises after Guests have booked a cruise, Guests are requested to report it in writing to Carrier as soon as they become aware of it. Guests acknowledge and understand that certain international, foreign, or local safety requirements, standards, and/or applicable regulations involving design, construction or operation of the ship, docks, gangways, anchorages or other facilities on or off the Vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs.

The provisions of Regulation 1177/2010 on Passenger Rights when Travelling by Sea and Inland Waterways afford rights to Guests where the Port of embarkation is in an EU Member State. The regulation text is available at http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32010R1177.

18.    SERVICE ANIMALS: 

Carrier understands a qualified service animal to be any dog that is trained to do work or perform tasks for an individual with a disability. Emotional support dogs are not considered to be qualified service animals and will not be permitted on the Vessel.   Guest agrees that they will be solely responsible for any and all damage and/or loss caused by qualified service animals. Many ports of call have strict entry requirements for animals.  Guests must ensure that their service animal complies with all requirements of each destination. Carrier Entities are not responsible for Guest’s inability to embark the Vessel or visit a port of call due to Guest’s failure to comply with any such entry requirements. Guest agrees that personnel on the Vessel are not responsible for the care and feeding of Guest’s service animal. Guest must notify Carrier’s Special Services Department at least thirty (30) days prior to sailing in writing at the address provided in Section 41 below and emailing special.services@ritz-carltonyachtcollection.com.

19.     SAFETY, SECURITY & HEALTH:

Carrier endeavors at all times to exercise reasonable care for Guests' comfort and safety on board its Vessel. Carrier cannot guarantee freedom from any risks associated with war, terrorism, crime, health risks or other potential sources of harm. Carrier reminds all Guests that they must ultimately assume responsibility for their activities while ashore and for their travel choices. The U.S. Department of State, EU Member States, and other government agencies regularly issue advisories and warnings to travelers giving details of local conditions in specified cities and countries according to such agencies’ perceptions of risks to travelers. Carrier recommends that Guests and their travel professionals obtain and consider such information when making travel decisions.

Guest, in the interests of international security and safety at sea and in the interests of the convenience of others, agrees and hereby consents to a reasonable search being made of Guest's person, Property, and suite, and to the removal and confiscation or destruction of any object which may, in the opinion of Carrier or the Master, impair safety, cause inconvenience, annoyance or nuisance to others, or violate Carrier’s rules and regulations.

There are risks inherent to being aboard the Vessel and other means of transportation. These include, by way of example, having to evacuate the Vessel or other means of transportation in case of emergency, having to move about on the Vessel, rigid inflatable boats or tenders during rough seas and lack of access to full medical services. For people who are ill or who have a mental or physical disability or impairment, these risks are more significant – access to all parts of the Vessel, other means of transportation or to facilities on shore may be difficult or impossible for some Guests. In addition, medical evacuations during the cruise, whether at sea, by tender, or by deviating from the scheduled itinerary, may create an increased risk of harm and may not be feasible for a variety of reasons. Carrier reserves the right to determine, in its sole discretion exercised in good faith, whether and when a medical evacuation from the Yacht will occur.

Guest understands that while aboard the Vessel or during activities ashore and/or traveling to or from the Vessel, they may be exposed to illnesses, including but not limited to COVID-19, RSV, influenza, colds, and norovirus.  Guest further understands that exposures to such illnesses are beyond Carrier’s control and Guest further releases Carrier Entities from any and all claims arising from, related to or which are a consequence of any such exposures.

20.     ALCOHOL: 

The minimum age for alcohol on board the Vessel varies by itinerary and each Guest agrees to abide by whatever alcohol age restriction is in place on the Vessel during Guest’s cruise.  Guest agrees not to attempt to provide or consume alcoholic beverages in violation of this policy, either for themselves or others. Guest agrees to consume alcoholic beverages only in moderation. Carrier reserves the right to refuse alcoholic beverages to any Guest. Carrier reserves the right to prohibit and retain all alcoholic beverages brought aboard the Vessel, unless brought on board as part of Carrier’s wine program.

21.     SMOKING:

Guests shall observe the non-smoking areas on board the Vessel. Indoor smoking, including e-cigarettes is permitted only in the Connoisseur Club smoking lounge. Smoking is prohibited in all other areas of the Vessel including all other public rooms, lounges, corridors, and restaurants, as well as all suites/cabins/rooms and verandas. If smoke is detected in a suite, a cleaning fee of EUR 1,000 per occurrence will be billed to Guest's account. Outdoor smoking is strictly prohibited on board the Vessel. Fines will be charged for violations in accordance with this policy. For serious violations of the non-smoking policy, more stringent consequences, including disembarkation without refund, may be ordered by the Master.

22.     INDEMNIFICATION:

Guest agrees to, and shall, indemnify, defend, and hold harmless Carrier Entities for all claims, liabilities, penalties, fines, charges, damages, losses (including but not limited to any direct, indirect or consequential losses), or expenses (including but not limited to legal costs) incurred or imposed upon Carrier Entities or the Vessel by virtue of an act (to include a negligent act), or violation of law, by Guest. 

Guests shall be responsible to Carrier Entities for, and shall indemnify Carrier Entities against, any and all damage to the Vessel, breakage of any fixtures on the Vessel, the rigid inflatable boats or Marina equipment, and any other losses or expenses which Carrier Entities may incur arising out of Guest’s presence on board or any conduct or activity undertaken by a Responsible Adult or by any minor for who the Responsible Adult is responsible. 

23.     SOLICITATION:

The Guest agrees that he or she shall not solicit for commercial purposes Guests or others on board the Vessel or advertise goods or services on board the Vessel without the prior written permission of Carrier. Solicitation by vendors of goods and services, including, but not limited to, solicitation by travel agents, is strictly forbidden.

24.    RIGHT TO REFUSE BOOKING AND PASSAGE, CANCEL RESERVATION; CONFINE GUEST TO SUITE OR DISEMBARK GUEST:

A) Carrier Entities reserve the right to refuse booking or passage to any person or to cancel Guest’s existing reservation for any reason. Any person(s) refused booking or passage in advance of the scheduled Cruise by Carrier will be given a refund of their Cruise Fare unless such refusal is due to the action or inaction of Guest. 

B) Carrier Entities, without any liability, including liability for refund, payment, compensation or credit, except as provided herein, may disembark or refuse to embark Guest because of the action or inaction of Guest, confine Guest in a suite, quarantine Guest, restrain Guest, change Guest’s accommodations or disembark Guest at any time if, in the sole opinion of Carrier Entities, the Master of the Vessel or any physician, the Guest or any minor or other person in Guest’s care during the Cruise are unfit for any reason for the Cruise, or Guest’s presence might be detrimental to Guest’s health, comfort or safety or that of any other person, or in the judgment of the Master of the Vessel is advisable for any reason.  The Master of the Vessel has the right in his sole discretion to make decisions in this regard for the safety and security of the Vessel and the health, safety, security, and comfort of those on board. 

C) If the Guest is refused passage or leaves the Vessel prior to the end of the Cruise for any of the reasons described in this Section 23 or for other reasons including, but not limited to, personal, medical, or business reasons, Carrier Entities will not be liable or required to refund any portion of the Cruise Fare, or to be responsible for any payment, compensation or credit of any kind or for any of the Guest’s costs. Guest will be responsible for any fines (including but not limited to any governmental fines), costs, fees, or damages for joining the Vessel during the cruise after it has embarked from the initial port of call and/or leaving the Vessel prior to the end of the cruise unless otherwise provided by applicable law.

D) Carrier Entities and the Master of the Vessel each reserves the right, without liability whatsoever, to refuse passage, disembark, quarantine, restrain or confine to a suite or any other area of the Vessel any Guest whose physical or mental condition, or behaviour, or the physical or mental condition or behaviour of any person in the care of Guest, is considered in the sole opinion of the Master and/or the Vessel’s physician to constitute a risk to the Guest’s own well-being or that of any other Guest, crew member or person, or to the safety of the Vessel. Carrier Entities may refuse to transport or may disembark at any port any Guest with a criminal background or any Guest who may be suffering from contagious or infectious disease, ill health or whose presence in the opinion of the Master may be detrimental to the comfort or safety of any other Guest, crew member or person, or who, in the opinion of the Master of the Vessel, might be excluded from landing at destination by Immigration or other Governmental Authorities. If any Guest is detained on board or elsewhere at any stage or at destination because of quarantine, port regulations, prevailing applicable law, illness or other cause, all expenses incurred in connection with such detention shall be for Guest's account. Any Guest carried beyond his or her scheduled port of disembarkation for any reason without fault of Carrier shall pay for any additional maintenance or extra transportation. In any and all cases described in this paragraph 18, the Guest shall not be entitled to any refund of fare, credit or compensation whatsoever.

E) The provisions of EU Regulation 1177/2010 on Passenger Rights when Travelling by Sea and Inland Waterways, as amended, will apply where the port of embarkation is in the EU (please refer to Section 13 above). Where the Guest has failed to give prior notice of their specific needs in accordance with Section 13 above, CARRIER reserves the right to refuse your carriage.
 

25.     INDEPENDENT CONTRACTORS/TRAVEL PROFESSIONAL/SHORE EXPERIENCES/LIMIT OF LIABILITY:

A)    ALL ARRANGEMENTS MADE FOR GUESTS FOR (1) TRANSPORTATION OR TRAVEL (BY AIR, WATER OR ON THE GROUND), (2) SHORE EXPERIENCES AND ACTIVITIES, (3) HOTELS, (4) TRANSFERS OR (5) ANY CONCIERGE SERVICES ARE MADE SOLELY FOR GUESTS’ CONVENIENCE AND ARE AT GUESTS’ RISK. THE PROVIDERS OF SUCH SERVICES ARE INDEPENDENT CONTRACTORS AND ARE NOT ACTING AS AGENTS OR REPRESENTATIVES OF CARRIER ENTITIES, NOR ARE CARRIER ENTITIES, INDIVIDUALLY OR COLLECTIVELY, AN AGENT OF SUCH INDEPENDENT CONTRACTORS. THE IDENTITY OF THE INDEPENDENT CONTRACTORS ARE AVAILABLE UPON REQUEST FROM THE SHORE EXCURSION MANAGER. 

CARRIER ENTITIES DO NOT OWN OR CONTROL ANY SUCH INDEPENDENT CONTRACTORS AND CARRIER ENTITIES MAKE NO REPRESENTATION OF ANY KIND AS TO SUCH INDEPENDENT CONTRACTS PERFORMANCE AND DO NOT UNDERTAKE TO SUPERVISE THEIR ACTIVITIES, EVEN THOUGH CARRIER ENTITIES MAY COLLECT A FEE AND EARN A PROFIT BY ARRANGING, TICKETING AND/OR SELLING SUCH SERVICES PROVIDED BY SUCH INDEPENDENT CONTRACTORS.

CARRIER ENTITIES DO NOT MAINTAIN THE INDEPENDENT CONTRACTOR OR THIRD PARTY’S CONVEYANCES, FACILITIES OR INSTRUMENTALITIES AND DO NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THEIR SAFETY OR SUITABILITY.

ANY GUEST BY USING SUCH SERVICES OR ACTIVITIES AGREES AND CONSENTS THAT ANY LIABILITY FOR DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY TO GUEST OR LOSS OF OR DAMAGE TO PROPERTY ARISING OUT OF SUCH SERVICES SHALL BE THE SOLE RESPONSIBILITY OF THE PROVIDER OF SUCH SERVICE OR ACTIVITY. GUEST FURTHER AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY CARRIER ENTITIES, CARRIER ENTITIES’ AFFILIATES, AND CARRIER’S SUPPLIERS FROM ALL CLAIMS, LIABILITIES, PENALTIES, FINES, CHARGES, DAMAGES, LOSSES, LEGAL FEES, AND COSTS (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES) ARISING FROM, WHICH RELATE TO, OR ARE A CONSEQUENCE OF THE USE OF ANY SUCH SERVICES OR ACTIVITIES. 
    
GUEST AGREES CARRIER ENTITIES’, CARRIER ENTITIES’ AFFILIATES, AND CARRIER’S SUPPLIERS SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY ACT OR OMISSION OF ANY SUCH THIRD-PARTY PROVIDER PERTAINING TO OR ARISING FROM OR IN CONNECTION WITH SUCH SERVICES OR ACTIVITIES. GUEST FURTHER ACKNOWLEDGES THAT ALTHOUGH, ON OCCASION, CARRIER ENTITIES’ EMPLOYEES AND/OR THE INDEPENDENT CONTRACTORS MAY MAKE APPEARANCES AND PARTICIPATE IN ACTIVITIES OR SERVICES AND MAY USE SIGNAGE OR CLOTHING WHICH IDENTIFIES CARRIER ENTITIES’ OR USE OTHER RELATED TRADE NAMES OR LOGOS OF CARRIER ENTITIES’ OR CARRIER ENTITIES’ AFFILIATES, THE STATUS OF THE PROVIDERS OF SUCH SERVICES ARE AND REMAIN UNCHANGED AS INDEPENDENT CONTRACTORS. NOTHING IN THIS TICKET SHALL BE CONSTRUED AS CREATING A RELATIONSHIP BETWEEN THE PROVIDER OF SUCH SERVICES AND ANY OF CARRIER ENTITIES, OR CARRIER ENTITIES’ AFFILIATES, AS THAT OF PARTNERS, EMPLOYER AND EMPLOYEE, FRANCHISOR AND FRANCHISEE, MASTER AND SERVANT, PRINCIPAL AND AGENT, OR JOINT VENTURERS.

GUEST AGREES THAT ALL ONBOARD CONCESSIONAIRES AND THEIR EMPLOYEES, ARE INDEPENDENT CONTRACTORS AND WORK DIRECTLY FOR GUEST WHEN PERFORMING THEIR SERVICES. CARRIER ENTITIES ARE NOT RESPONSIBLE FOR ANY SUCH PERSONS’ ACTS OR OMISSIONS IN PROVIDING SERVICES TO GUEST.

B)    THE INDEPENDENT CONTRACTORS SHALL BE ENTITLED TO CHARGE FOR ANY PRODUCTS SOLD, SERVICES RENDERED OR TRANSPORTATION PROVIDED TO GUEST EITHER DIRECTLY OR, AS A CONVENIENCE TO GUESTS, THROUGH CARRIER OR CARRIER ENTITIES, FOR WHICH SERVICES CARRIER OR CARRIER ENTITIES MAY IMPOSE A CHARGE AND EARN A FEE. REFUNDS WILL NOT BE GIVEN FOR PARTIALLY USED SERVICES. NO REFUND WILL BE MADE FOR MISSED HOTEL NIGHTS OR OTHER PROGRAM FEATURES DUE TO AIRLINE DELAYS OR OTHER FACTORS BEYOND THE CONTROL OF CARRIER. A SEPARATE CANCELLATION POLICY APPLIES FOR AIR, HOTEL AND LAND PROGRAMS.

C)    GUEST AGREES THAT ALL PROTECTIONS, BENEFITS, DEFENSES, AND EXCLUSIONS FROM, AND LIMITATIONS OF, LIABILITY IN FAVOR OF CARRIER SET FORTH IN THIS CONTRACT SHALL ALSO EXTEND FULLY TO AND BE FOR THE BENEFIT OF CARRIER ENTITIES, CARRIER ENTITIES’ AFFILIATES AND CARRIER’S SUPPLIERS.

D)    NOTWITHSTANDING THE FOREGOING, CARRIER ENTITIES SHALL IN NO EVENT BE LIABLE TO GUEST IN RESPECT OF ANY OCCURRENCE ASHORE, INCLUDING PRIOR TO EMBARKING OR AFTER DISEMBARKING THE VESSEL, PROVIDED HOWEVER, CARRIER MAY BE LIABLE FOR NEGLIGENCE OF CARRIER OR ITS EMPLOYEES WHO ARE ACTING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT DURING TRANSPORTATION BY WATER TO OR FROM THE VESSEL BY MEANS OF A CONVEYANCE PROVIDED BY CARRIER.

E)    AS A SEPARATE SERVICE, CARRIER WILL FACILITATE AIR TRANSPORTATION WITH AN AIRLINE UPON A GUEST’S REQUEST. IF A GUEST CHOOSES THIS OPTIONAL SERVICE, GUEST AUTHORIZES CARRIER TO SELECT THE AIRLINE, ROUTING AND SCHEDULE AND TO SUBSTITUTE CHARTER FLIGHTS FOR SCHEDULED AIR OR VICE VERSA. IF CARRIER IS UNABLE TO FACILITATE AIR TRAVEL OR THE AIR TRAVEL ARRANGED BY CARRIER IS UNAVAILABLE OR OTHERWISE FAILS TO MATERIALIZE DUE TO ANY CAUSE BEYOND CARRIER’S CONTROL, CARRIER’S LIABILITY AND THE LIABILITY OF CARRIER ENTITIES WILL BE LIMITED TO REFUNDING THE AMOUNT PAID TO CARRIER FOR SUCH AIR TRAVEL LESS ANY APPLICABLE CHANGE OR SPECIAL DEVIATION FEES. CARRIER ENTITIES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF ANY AIRLINE, INCLUDING, WITHOUT LIMITATION, THOSE INVOLVING CANCELLATION OF FLIGHTS, SCHEDULE CHANGES, RE-ROUTINGS, DAMAGE TO OR DELAY OR LOSS OF BAGGAGE, FLIGHT DELAYS, EQUIPMENT FAILURES, ACCIDENTS, PILOT OR OTHER STAFF SHORTAGES, OVERBOOKING, OR COMPUTER ERRORS. IN FACILITATING AIR TRANSPORTATION, CARRIER ACTS SOLELY FOR THE CONVENIENCE OF GUEST AND NOT AS AGENT OR PRINCIPAL FOR THE AIRLINE. THE LIABILITIES AND OBLIGATIONS OF AN AIRLINE TO GUEST AND GUEST'S RIGHTS AS AN AIRLINE PASSENGER ARE GOVERNED EXCLUSIVELY BY THE TERMS AND CONDITIONS OF THE AIRLINES’ TICKETS AND TARIFFS.

CARRIER ENTITIES DO NOT OWN OR OPERATE THE AIRLINE, GROUND TRANSPORTATION, OR HOTELS, AND SHALL NOT BE LIABLE IN ANY WAY FOR LOSS, DAMAGE, INJURY, ILLNESS OR DEATH ARISING IN CONJUNCTION WITH THE SERVICES PROVIDED BY THESE INDEPENDENT CONTRACTORS. 

F)   In consideration of your payment of the cruise fare, Guest may have the option, subject to local weather conditions as well as the laws and regulations of each port of call and confirmation by the Master on adequate safety and sea conditions to operate, to utilize Carrier’s furnished equipment and to participate in various sports and recreational activities off, under, around, about and in the environs of the Vessel and all locations visited during the voyage. Participation in these activities is voluntary. Guests must consider their own physical fitness and ability before participating. Not all activities are available on all Vessels. These activities may include but are not limited to, swimming off the marina platform, kayaking, sailing, jet-skiing, water skiing, paddle boarding, snorkeling, swimming, acquabanas, water toys, and operating personal water craft (PWC’s) (collectively “Watersports Activities”). The Sports Activities listed above are voluntary and are not suitable for all Guests. There is no lifeguard on duty. Guest acknowledges that: (A) there are risks and dangers involved with his or her participation in Sports Activities, and in particular the use of jet-skis or personal watercraft is a dangerous activity that can result in serious injury, including but not limited to broken bones, fractures, concussions, dizziness, motion sickness, dislocations, contusions, torn ligaments and tendons, sprains and strains, cuts to the head, body and/or limbs, bumps and bruises, property loss or damage, abrasions and/or lacerations, permanent disability, spinal injury, paralysis, or death; (B) Carrier and Carrier Entities can in no way guarantee the safety or welfare of Guest in any Sports Activities and Carrier and Carrier Entities are merely providing sport equipment and sport instruction to enhance Guest’s enjoyment; (C) Guest shall knowingly and voluntarily assume the risk of and shall release, defend, hold harmless and indemnify, Carrier and Carrier Entities against any claims made by or on his or her behalf as a result of using Carrier’s equipment and participating in Sports Activities; (D) Guest shall acquire the training necessary to participate in the Watersports Activities and shall follow the rules and procedures maintained by Carrier and Carrier Entities; and (E) Carrier and Carrier Entities shall accept no responsibility for Guest’s failure to abide by the Vessel’s rules and restrictions, governmental rules, regulations and restrictions concerning Watersports Activities. Guest elects to voluntarily participate in Sports Activities with full knowledge and acceptance of any and all risks associated with the Sports Activities identified above.  Guest acknowledges and agrees that the offering of Watersports Activities is completely discretionary by Carrier and Carrier Entities and that such offering may not be available on all Vessels owned and/or operated by Carrier or Carrier Entities.

G) Guest acknowledges and confirms that any travel agent utilized by Guest in connection with the issuance of this Cruise Contract is, for all purposes, Guest’s agent and Carrier shall have no liability for any representation made by said travel agent. Guest acknowledges that Carrier is not responsible for the financial condition or integrity of any travel agent. Carrier Entities are not responsible for any representation or conduct of Guest’s travel agent, including but not limited to, any failure to remit Guest’s deposit or other monies to Carrier, for which Guest shall at all times remain liable to Carrier, or any failure to remit a refund from Carrier to Guest. Further, receipt by Guest’s travel agent of this Contract or any other communications, notices or information from Carrier or Carrier Entities shall constitute receipt of such materials by Guest. In the event that Guest’s travel agent fails to remit to Carrier any monies paid by Guest to the travel agent, Guest remains liable for the monies due to Carrier, regardless of whether Carrier demands payment. 

26.     NON-LIABILITY FOR MEDICAL TREATMENT:

A) GUEST RECOGNIZES AND ACCEPTS THAT CARRIER ENTITIES ARE NOT IN THE BUSINESS OF PROVIDING MEDICAL SERVICES AND/OR OPERATING MEDICAL FACILITIES. ANY MEDICAL PERSONNEL ON BOARD THE VESSEL ARE PROVIDED AS INDEPENDENT CONTRACTORS SOLELY FOR THE CONVENIENCE OF THE GUEST AND THEY ARE NOT EMPLOYEES, AGENTS, OR REPRESENTATIVES OF CARRIER OR CARRIER ENTITIES. NEITHER CARRIER NOR CARRIER ENTITIES CONTROL THE MEDICAL SERVICES AND DO NOT UNDERTAKE TO SUPERVISE ANY CARE OR TREATMENT PROVIDED BY MEDICAL PROFESSIONALS ON BOARD THE VESSEL. ALTHOUGH CARRIER SHALL BE ENTITLED TO CHARGE A FEE FOR ARRANGING SUCH SERVICES, ALL SUCH PERSONS OR ENTITIES PROVIDING MEDICAL SERVICES SHALL BE DEEMED INDEPENDENT CONTRACTORS AND NOT ACTING AS AGENTS OR REPRESENTATIVES OF CARRIER OR CARRIER ENTITIES. NEITHER CARRIER NOR CARRIER ENTITIES MAKE ANY WARRANTY AS TO THE QUALITY OF MEDICAL SERVICES. NEITHER CARRIER NOR CARRIER ENTITIES SHALL BE LIABLE FOR ANY DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY CAUSED BY REASON OF ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE PROVIDED BY SUCH MEDICAL PERSONNEL, OR, BY THE FAILURE OF SUCH MEDICAL PERSONNEL TO PROVIDE ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE.

B) The Guest hereby consents to treatment by the Vessel’s physician or other medical personnel, if any, or by a physician designated by Carrier if subsequent to embarkation the Guest is unable to request or authorize such treatment and in the opinion of the Vessel’s physician, or any Vessel officer in the physician’s absence, needs medical attention.

C) The Guest shall be charged for medical services and for medications and supplies used for his or her medical treatment. The Guest shall also be responsible for the payment of any medical expenses and other expenses in connection with medical disembark and medical conditions incurred ashore.

27.     TIME LIMITS AND NOTICE REQUIREMENTS FOR CLAIMS:

THE FOLLOWING TIME LIMITS WILL APPLY TO INTERNATIONAL CARRIAGE IN ACCORDANCE WITH THE ATHENS CONVENTION 2002/EU REGULATION 392/2009:

A) ANY PERSONAL INJURY, ILLNESS AND/OR DEATH SUSTAINED DURING THE CRUISE MUST BE NOTIFIED IN WRITING IMMEDIATELY TO THE VESSEL’S RECEPTION. THEREAFTER, CLAIMS MAY ONLY BE INSTIGATED AND CARRIER’S LIABILITY SHALL ONLY BE DETERMINED TO THE EXTENT PROVIDED BY LAW. 

CLAIMS AGAINST CARRIER ENTITIES FOR PERSONAL INJURY, ILLNESS AND/OR DEATH OF THE GUEST (“CLAIM EVENT(S)”) BROUGHT UNDER THE ATHENS CONVENTION 2002 AND EU REGULATION 392/2009 MUST BE NOTIFIED TO CARRIER AT THE ADDRESS PROVIDED IN SECTION 41 BELOW WITHIN TWENTY-EIGHT (28) DAYS OF THE GUEST’S DISEMBARKATION. THEREAFTER, A CLAIM MUST BE INSTIGATED WITHIN TWO (2) YEARS OF THE DATE OF DISEMBARKATION OR, IN THE CASE OF DEATH, FROM WHEN THE DISEMBARKATION WOULD HAVE OCCURRED. 

B) ANY PROPERTY LOSS OR DAMAGE SUSTAINED DURING THE CRUISE MUST BE NOTIFIED IN WRITING TO THE VESSEL’S RECEPTION BEFORE THE GUEST’S FINAL DISEMBARKATION. NO CLAIM SHALL BE BROUGHT AGAINST CARRIER ENTITIES FOR LOSS OF OR DAMAGE TO ANY PROPERTY UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, IS DELIVERED TO CARRIER AT THE ADDRESS PROVIDED IN PARAGRAPH 33 BELOW WITHIN FIFTEEN (15) DAYS OF THE GUEST’S DISEMBARKATION. IN NO EVENT SHALL ANY CLAIM FOR LOSS OF OR DAMAGE TO PROPERTY BE INSTIGATED AGAINST CARRIER UNLESS IT IS COMMENCED WITHIN TWO (2) YEARS OF THE DATE OF THE GUEST’S DISEMBARKATION.

C) GUESTS EMBARKING A CRUISE IN A EUROPEAN MEMBER STATE PORT ARE ALSO AFFORDED RIGHTS UNDER EU REGULATION 1177/2010, THE TEXT OF WHICH IS AVAILABLE AT http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32010R1177. COMPLAINTS ARISING OUT THE OBLIGATIONS IMPOSED ON CARRIER UNDER EU REGULATION 1177/2010, SHALL BE MADE TO CARRIER IN WRITING WITHIN TWO (2) MONTHS FROM THE DATE THE SERVICE WAS OR SHOULD HAVE BEEN PERFORMED. WITHIN ONE (1) MONTH AFTER RECEIPT OF THE COMPLAINT CARRIER WILL RESPOND INFORMING THE GUEST WHETHER THE COMPLAINT HAS BEEN SUBSTANTIATED, REJECTED OR IS STILL BEING CONSIDERED. CARRIER WILL PROVIDE A FINAL RESPONSE TO THE COMPLAINT NO LATER THAN TWO (2) MONTHS AFTER THE RECEIPT OF THE COMPLAINT.

28.     LIABILITY LIMITATION FOR LOSS OF LIFE OR INJURY:

International carriage of Baggage on the Cruise shall be governed by the Athens Convention 2002 and EU Regulation 392/2009, which may be found at http://www.transportrecht.org/dokumente/AthenProt2002e.pdf and http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:002…. Domestic carriage by sea or use of the ship as a floating hotel shall be governed by the 2014 Order which applies the Athens Convention 1974 limits. A copy of the Athens Convention 1974 may be viewed at: http://www.admiraltylawguide.com/conven/passengers1974.html. EU Regulation 392/2009 applies to domestic carriage by sea in EU Member States. 

Any liability of Carrier for death or personal injury or for loss of or damage to Baggage or Property arising out of carriage by sea shall be solely brought and determined in accordance with the Athens Convention 2002, EU Regulation 392/2009 or, where applicable, the 2014 Order. 

Where the Cruise involves domestic carriage by sea or the ship is being used as a floating hotel the aggregate liability of Carrier Entities for the death of or personal injury to a Guest shall in no event exceed the monetary limitations of 46,666 SDRs as set forth in the Athens Convention 1974. From 30 December 2016 this increased for domestic seagoing carriage to 400,000 SDRs. The maximum liability for international sea going cruises is 400,000 SDRs per passenger per incident or 250,000 SDRs.in the case of War and Terrorism pursuant to EU Regulation 392/2009 and the Athens Convention 2002.

Carrier’s liability to you for loss of or damage to Property (save for medical and mobility equipment, which is covered in paragraph 12 is limited to 833 SDRs under the Athens Convention 1974 and the 2014 Order and 2,250 SDRs, under the Athens Convention 2002 and EU Regulation 392/2009 (which is subject to a deductible of 149 SDRs per passenger). 

A) IN THE EVENT THE GUEST IS ABLE TO STATE A CAUSE OF ACTION UNDER THE LAW GOVERNING ANY CLAIM WHICH MAY BE ASSERTED AGAINST CARRIER ENTITIES AND/OR THE VESSEL FOR NEGLIGENCE OR INTENTIONAL TORT OR BOTH, CARRIER ENTITIES AND THE VESSEL SHALL NOT BE LIABLE FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF THE GUEST, OF ANY KIND UNDER ANY CIRCUMSTANCES, UNLESS SUCH EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WAS:

(1) THE RESULT OF PHYSICAL INJURY TO THE GUEST CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL;

(2) THE RESULT OF THE GUEST HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, AND SUCH RISK WAS CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL; OR

(3) INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL.

B) ON CRUISES WHICH DO NOT EMBARK, DISEMBARK OR CALL AT ANY UNITED STATES PORT AND DO NOT EMBARK OR DISEMBARK AT ANY EUROPEAN UNION MEMBER STATE PORT, CARRIER SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN THE “ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1974”, AS WELL AS THE “PROTOCOL TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1976”, (“ATHENS CONVENTION”) WHICH LIMITS CARRIER’S LIABILITY FOR DEATH OR PERSONAL INJURY OF A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS (“SDR”) AND LIMITS CARRIER’S LIABILITY FOR A PASSENGER’S BAGGAGE OR PROPERTY TO 833 SDRS PER PASSENGER.   THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ON THE INTERNET AT http://www.imf.org/external/np/fin/data/rms_sdrv.aspx. 

29.     CHOICE OF LAW/LIMITATION OF LIABILITY: 

EXCEPT WHERE THE JURISDICTIONAL PROVISIONS OF THE ATHENS CONVENTION 1974, 2002 AND EU REGULATION 392/2009 APPLY, ALL OTHER DISPUTES ARISING OUT OF THIS AGREEMENT/CRUISE WILL BE CONSTRUED, AND DISPUTES RESOLVED, IN ACCORDANCE WITH THE LAWS OF MALTA WHERE THE GUEST AND CARRIER AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE MALTESE COURTS. IN ADDITION TO THE LIMITATIONS OF LIABILITY EXPRESSLY PROVIDED IN THIS CRUISE CONTRACT, CARRIER ENTITIES SHALL BE ENTITLED TO THE MAXIMUM PROTECTION ALLOWED BY LAW, INCLUDING ANY STATUTORY PROTECTION AS TO THE AMOUNT OF DAMAGES RECOVERABLE. IN NO EVENT, HOWEVER, WILL CARRIER ENTITIES BE LIABLE FOR ANY DAMAGE, LOSS, INJURY OR DEATH NOT CAUSED BY THE NEGLIGENCE OF CARRIER.

30.     FINANCIAL PROTECTION OF YOUR CRUISE:

Carrier provides full financial protection for all cruises sold to Guests. This financial protection provides financial security for all of the services included with your cruise booking. It ensures that you are refunded for any part of the cruise not provided and repatriated in the unlikely event of Carrier’s insolvency. Unless you booked additional travel services with Carrier when you booked your cruise, the insolvency protection will be limited to the items listed in Section 3 above. However, if at the time of booking your cruise, you requested additional travel services to be included, these will also be financially protected.

Carrier’s financial protection is provided through Malta’s Insolvency Fund Managing Board.

31.     FORUM; CLAIMS SUBJECT TO BINDING ARBITRATION:

A) THE GUEST SHALL REFER ANY COMPLAINT TO CARRIER AND THE PARTIES SHALL NEGOTIATE IN GOOD FAITH TO RESOLVE THE MATTER AMICABLY. PROVIDED THAT, IF THE PARTIES FAIL TO REACH A SETTLEMENT WITHIN THIRTY (30) DAYS FROM THE REFERRAL OF THE COMPLAINT, THE GUEST (NOT BEING A CORPORATE ENTITY) SHALL BE ENTITLED TO REFER THE MATTER TO THE COMPLAINT AND CONCILIATION DIRECTORATE OF THE MALTA CONSUMER AND COMPETITION AFFAIRS AUTHORITY FOR ALTERNATIVE DISPUTE RESOLUTION (DETAILS IN THE GUEST CONFIRMATION). IF AN AMICABLE SOLUTION CANNOT BE REACHED, THE GUEST CAN THEN REFER THE MATTER TO ARBITRATION IN ACCORDANCE WITH THE FOLLOWING PROVISIONS. 

B) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH, TERMINATION, OR INVALIDITY THEREOF, SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH PART IV (DOMESTIC ARBITRATION) OF THE MALTA ARBITRATION ACT, 1996 AND THE ARBITRATION RULES OF THE MALTA ARBITRATION CENTRE AS AT PRESENT IN FORCE.

i.    THE APPOINTING AUTHORITY SHALL BE THE MALTA ARBITRATION CENTRE;
ii.    THE NUMBER OF ARBITRATORS SHALL BE THREE (3);
iii.    THE PLACE OF ARBITRATION SHALL BE MALTA;
iv.    THE LANGUAGE(S) TO BE USED IN THE PROCEEDINGS SHALL BE ENGLISH;
v.    THE APPLICABLE SUBSTANTIVE LAW SHALL BE MALTESE LAW;
vi.    THE AWARD SHALL BE FINAL AND BINDING AND THERE SHALL BE NO APPEAL;

C) FORUM AND JURISDICTION: EXCEPT AS OTHERWISE PROVIDED FOR CLAIMS SUBJECT TO ARBITRATION, GUEST AND CARRIER ENTITIES AGREE IRREVOCABLY THAT ANY DISPUTE WHATSOEVER ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR INCIDENT TO THIS AGREEMENT OR GUEST'S CRUISE INCLUDING ANY CLAIM FOR PERSONAL INJURY, ILLNESS OR DEATH, SHALL BE LITIGATED, IF AT ALL, BEFORE THE COURTS OF MALTA.

32.    WARRANTIES/CONSEQUENTIAL DAMAGES EXCLUDED:

CARRIER ENTITIES DO NOT EXPRESSLY OR IMPLIEDLY WARRANT, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO, (A) THE FITNESS, CONDITION OR SEAWORTHINESS OF THE VESSEL AND (B) THE FITNESS, CONDITION OR MERCHANTABILITY OF ANY FOOD OR DRINK PROVIDED ON BOARD THE VESSEL. CARRIER ENTITIES SHALL NOT BE STRICTLY LIABLE IN TORT FOR ANY DEFECT, LACK OF FITNESS, IMPURITY OR CONTAMINATION OF ANY FOOD OR DRINK PROVIDED ON BOARD THE VESSEL. CARRIER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES.

33.    INABILITY TO JOIN AND/OR CABOTAGE: 

Embarkation or disembarkation at an unscheduled port of embarkation and/or disembarkation or failure to make any sailing of the Vessel at any port shall be at Guest’s sole risk and expense. Guest may be denied subsequent boarding and Guest will not be entitled to any refund, payment, compensation, or credit of any kind. If Guests must disembark the Vessel before the scheduled port of disembarkation Guests will be responsible for any fines incurred by the Vessel and/or the Master. Guest acknowledges that, for a roundtrip cruise that embarks and disembarks in United States, Guest must complete the entire cruise and disembark at the scheduled disembarkation port. Failure to do so may result in the United States Customs Service or other governmental agency imposing a fine or penalty on Carrier or Guest.  Guest acknowledges that for certain voyages, such as a round-trip voyage commencing in a United States port, the Guest must complete the entire voyage and that failure to do so may result in a fine or other penalty being assessed by one or more governmental agencies. Guest hereby agrees to pay any such fine or penalty imposed because Guest failed to complete the entire voyage and to reimburse Carrier in the event it pays such fine or penalty.

34.    PAYMENTS BY THE GUEST AND EXTRA EXPENSES: 

Any and all payments by the Guest to Carrier shall be made in currency of the United States of America, United Kingdom, the countries of the euro area, or other currency acceptable to Carrier. All charges for services and products provided on board the Vessel must be settled by a credit card acceptable to Carrier before the Guest’s final disembarkation from the Vessel. Any other expenses incurred by the Guest or by Carrier Entities on behalf of the Guest shall be payable by the Guest on demand.

35.     NO GENERAL AVERAGE: 

Guests shall neither pay nor receive any general average contribution with respect to any property.

36.     USE AND DISPLAY OF LIKENESS; PERSONAL DATA; PRIVACY NOTICE; PUBLIC WIRELESS SERVICES:

A) Personal Data includes Guest’s name, street or email address, date of birth, passport, payment information, and/or telephone numbers, photograph or other information which would identify Guest personally (“Personal Data”). Personal Data is collected and processed by Carrier for the purpose of performing the Ticket Contract. Certain sensitive data such as health information relating to the Cruise may also be collected in accordance with applicable law. We also process CCTV footage of the Vessel for safety and security reasons. We also process your Personal Data on the basis of consent if you have agreed to receive our marketing material and/or if you have agreed to the use of your photos, films or recordings for our promotional materials.

B) Carrier will collect, use, and share Personal Data with licensors, service providers and strategic business partners, including Marriott Group in accordance with its Global Privacy Statement at www.ritzcarltonVesselcollection.com. Personal Data will be transferred to the U.S. to entities certified under the Privacy Shield.

C) You may at any time withdraw your consent to receiving our marketing material by sending an email to privacy@ritz-carltonyachtcollection.com. Furthermore, you may at any time request access, correction or deletion of your Personal Data collected by CARRIER or object to the use or processing of your Personal Data by emailing privacy@ritz-carltonyachtcollection.com. Guest can also lodge a complaint with a data protection authority at any time.

D) Your Personal Data is retained until the Cruise is completed and for a period of two (2) years thereafter in order for us to be able to establish, exercise or defend a claim. In the event that any incident occurs during the Cruise we may retain your Personal Data for such longer period to establish, exercise or defend a claim in respect of such incident. Furthermore, the Cruise Contract and records of your bookings and payments will be retained for a period of ten (10) years from the date of each such booking or payment in order to comply with VAT, tax and accounting compliance requirements. Note that, if you have also subscribed to our marketing material containing information regarding our cruises and offers, your Personal Data will be retained for as long as you are subscribed. Any CCTV footage is deleted after seven (7) days unless an incident occurs on the Vessel, in which case said footage is retained for as long as necessary to establish, exercise or defend a claim in respect of such incident. 

E) Carrier may photograph, film and/or record Guest and/or Guest’s charge and may share these photos, films or recordings on its brochures, its website and on various social media platforms for promotional purposes. Guest agrees he or she will not be compensated for such use, and all rights, title, and interest therein (including all worldwide copyrights therein) shall be Carrier Entities’ sole property, free from any claims by Guest or any person deriving any rights or interest from Guest. Guest expressly agrees not to use any photograph, video recording or other visual or audio portrayals of Guest and/or any other Guest in combination with crew or the Vessel, or depicting the Vessel, its design or equipment or any part thereof whatsoever for any commercial purpose or in any media broadcast or for any other non-private use, without the express written consent of Carrier.

F) If you subscribed to receiving any marketing material from Marriott International, Inc. and its affiliates, including Hotel Services Operator (“Marriott Group”), your Personal Data was shared with them, and they will contact you directly in relation to their services and offers. The processing of your Personal Data by Marriott Group shall be governed by Marriott Group’s Global Privacy Statement, available at www.marriott.com, and as agreed to between the relevant parties. You may at any time request access, correction or deletion of your Personal Data collected by Marriott Group, or object to the use or processing of your Personal Data by emailing privacy@marriott.com or writing to: Global Compliance, Privacy, 7750 Wisconsin Ave, Bethesda, MD 20814, United States of America. You can also lodge a complaint with a data protection authority at any time.

G) Marriott Group entities and each of Carrier Entities are each independently responsible for Personal Data. 

H) Carrier may, but is not required to, make wireless internet or telephone access ("Wireless Services") available as a convenience; Carrier Entities accept no responsibility for interruptions in its service. Guest agrees to use Wireless Services at Guest’s own risk; Carrier Entities shall not be liable in any manner for resulting claims (including without limitation lack of privacy), losses or damages. Using Wireless Services is public; information sent or received is not guaranteed to be private. Guest’s Personal Data may be available to third parties. By using Wireless Services Guest agrees Carrier Entities may monitor, record, intercept and disclose any transmissions and may provide to third parties all information relating to all Wireless Services (e.g., billing, account, or use records), in its sole discretion or as required by law. Guest agrees to comply with Carrier Entities’ terms and conditions of Wireless Services.

37.     FORCE MAJEURE: 

Carrier Entities shall not be liable in any way to the Guest for death, injury, illness, damage, delay or other loss or detriment to person or property or for Carrier Entities’ failure to commence, perform and/or complete any duty owed to the Guest if such death, injury, illness, damage, delay or other loss or detriment to person or property is caused by acts of god, hostilities, blockades, war, piracy, acts or threats of terrorism, civil commotions, riots, insurrection, political disturbance, labour difficulties (whether or not Carrier is a party thereto), collision, docking difficulties, search and rescue, medical disembarkation of crew or Guests, customs or immigration restrictions, arrest, order, restraint or requisition of the Vessel by governmental authorities or others, weather conditions, safe navigation of the Vessel (of which the Master of the Vessel will be the sole judge), stranding or foundering of the Vessel, inability to secure or failure of supplies including but limited to fuel, or any other cause whatsoever beyond the control of Carrier Entities.

38.    ENVIRONMENTAL POLICY:

Guests must adhere to Carrier’s environmental requirements, policies, and practices. Any dumping or pollution of any kind including discharge of any item into the ocean and/or waterways is strictly prohibited. Guests will be strictly liable for any illegal dumping or pollution. Any willful or negligent act of discharging or releasing any unauthorized item overboard, without the express permission of the Master may result in a €500 or £500 or $500USD charge, per violation, posted to Guest’s shipboard account. Additionally, Guests will be charged the reimbursement cost of any unauthorized discharged property belonging to Carrier and such charge will be posted to Guest’s shipboard account. Guests shall also be responsible for any fines or penalties imposed on Carrier by any government, governmental agency or official, port or port official, or for expenses or losses caused or incurred for Guest’s violation of Carrier’s environmental policy. Violation of this policy may result in Guest’s disembarkation from the Vessel. Any Guest disembarked for violating Carrier’s environmental policy will be responsible for all financial charges and expenses to return home.  No refund of Guest’s unused Cruise Fare will be provided. 

39.    TRAVEL PROFESSIONALS:

Guest acknowledges and confirms that any travel professionals utilized by Guest in connection with booking of the cruise and/or the issuance of this Ticket is, for all purposes, Guest’s agent and Carrier Entities shall have no liability for any representation made by said travel professional. Guest acknowledges that Carrier Entities are not responsible for the financial condition or integrity of any travel professional. Carrier Entities are not responsible for any representation or conduct of Guest’s travel professional, including but not limited to, any failure to remit Guest’s deposit or other monies to Carrier, for which Guest shall at all times remain liable to Carrier, or any failure to remit a refund from Carrier to Guest. Further, transmission to Guest’s travel professional of this Contract or any other communications, notices or information from Carrier or Carrier Entities shall constitute receipt of such materials by Guest. In the event that Guest’s travel professional fails to remit to Carrier any monies paid by Guest to the agent, Guest remains liable for the monies due to Carrier, regardless of whether Carrier demands payment. 

40.     INTERPRETATION:
 
Should any provision of the Cruise Contract be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision shall be deemed to be severed from the Cruise Contract and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of the Cruise Contract are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and vice versa. The Terms and Conditions contained in The Ritz-Carlton Vessel Collection website (www.ritzcarltonyachtcollection.com) in effect as of the Sailing Date of the Cruise to which this Cruise Contract relates are hereby incorporated by reference into this Ticket. In the event of conflict between the provisions of this Ticket, the Terms and Conditions contained in the Ritz-Carlton Yacht Collection website, the terms of any Ritz-Carlton Yacht Collection advertisement or offer, and the oral representations of any Ritz-Carlton Yacht Collection representative, the provisions of this Ticket shall control.

41.    NO PETS ALLOWED:

No pets or animals are permitted on board the Vessel, except for ADA approved service animals. See Section 16.

42.     WRITTEN NOTICES: 

Except as otherwise expressly provided in this Contract, all written notices required by the Contract must be mailed, postage prepaid, to: 

Cruise Yacht OpCo Ltd
     d.b.a. The Ritz-Carlton Yacht Collection
Attn: Legal Department
Vault 14, Level 2
Valletta Waterfront
Floriana, FRN1914, Malta
With a copy to: legal@ritz-carltonyachtcollection.com

Next-Gen Cruises Ltd
     d.b.a. The Ritz-Carlton Yacht Collection
Attn: Legal Department 
Vault 14, Level 2
Valletta Waterfront
Floriana, FRN1914, Malta
With a copy to: legal@ritz-carltonyachtcollection.com

43.    MARRIOTT BONVOY™:

See https://www.ritzcarltonyachtcollection.com/loyalty-terms-conditions for the terms and conditions governing Carrier’s participation in the Marriott Group’s loyalty program known as Marriott Bonvoy. 

44.    COVID-19 and PUBLIC HEALTH:

A)    GUESTS ARE ENCOURAGED TO DISCUSS THE SUITABILITY OF TRAVEL WITH THEIR PHYSICIAN. GUEST ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT WHILE ABOARD THE VESSEL, IN BOARDING AREAS, OR DURING ACTIVITIES ASHORE AND/ OR WHILE TRAVELING TO OR FROM THE VESSEL, GUEST OR OTHER GUESTS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19, RSV, INFLUENZA, COLDS AND NOROVIRUS. GUEST FURTHER UNDERSTANDS AND ACCEPTS THAT DUE TO THE NATURE OF SPREAD OF COVID-19, THE RISK OF EXPOSURES TO THESE COMMUNICABLE ILLNESSES AND OTHERS IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, ARE BEYOND CARRIER’S CONTROL AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. GUEST KNOWINGLY AND VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS TICKET, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.

B)    CARRIER has adopted specific COVID-19 protocols, which may change from time to time.  GUEST EXPRESSLY AGREES TO COMPLY NOT ONLY WITH THE COVID-19 GUEST PROTOCOLS AS THEY ARE DESCRIBED HEREIN, BUT ALSO AS THEY ARE SET FORTH ON Carrier’s HEALTH AND SAFETY WEBPAGE, AT ALL TIMES INCLUDING PRE-EMBARKATION, WHILE ON BOARD, DURING PORT CALLS AND SHORE EXCURSIONS AND/OR FINAL DISEMBARKATION. In case of any conflict between the COVID-19 Guest Protocols described herein or on Carrier’s website, the website controls and Guest’s agreement to abide by said website constitutes an integral part of this Ticket.

C)    Guest acknowledges that Carrier’s COVID-19 protocols will include (but are not limited to) completion of an accurate, truthful, and complete health questionnaire in a form and containing any health or travel-related questions as determined by Carrier in its sole discretion based on advice from cognizant government or health authorities or medical experts for each Guest prior to boarding.

D)    Notwithstanding any other provision contained herein, any non-compliance by Guest or members of Guest’s travelling party with Carrier’s COVID-19 protocols or this Ticket shall be grounds for refusal to board, refusal to re-board after going ashore, quarantine on board the Vessel, disembarkation, reporting to governmental or health authorities, or other steps deemed necessary in Carrier’s sole discretion under the circumstances to protect the health and well-being of others. Under these circumstances, Guest shall not be entitled to a refund or compensation of any kind. Guest will be responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to the port of embarkation. Under no circumstances shall any Carrier Entities be liable for any damages or expenses whatsoever incurred by any Guest as a result of such denial of boarding, refusal to re-board, quarantine, disembarkation, or other steps taken by Carrier Entities.

E)    Guest further understands and agrees that if, after boarding, and even if Guest has fully complied with all COVID-19 protocols, such Guest tests positive for COVID-19 or exhibits signs or symptoms of COVID-19, Carrier may disembark, refuse re-boarding after a shore excursion, or quarantine Guest as well as members of Guest’s travelling party, or take other steps which Carrier determines, in its sole discretion, are necessary under the circumstances to protect the health and well-being of others. Under no circumstances shall any Carrier Entities be liable to any such Guest for any costs, damages or expenses whatsoever incurred by any Guest.

44.    GUEST CODE OF CONDUCT:

Guest agrees to abide by the Guest Code of Conduct available online. Carrier reserves the right to change the Guest Code of Conduct at any time without notice.

45. WATERSPORTS & RECREATIONAL WATER ACTIVITIES AND EQUIPMENT:

In consideration of your payment of the cruise fare, Guest may have the option, subject to local weather conditions as well as the laws and regulations of each port of call and confirmation by the Master on adequate safety and sea conditions to operate, to utilize Carrier’s furnished equipment and to participate in various sports and recreational activities off, under, around, about and in the environs of the Vessel and all locations visited during the voyage. Participation in these activities is voluntary. Guests must consider their own physical fitness and ability before participating. Not all activities are available on all Vessels. These activities may include but are not limited to, swimming off the marina platform, kayaking, sailing, jet-skiing, water skiing, paddle boarding, snorkeling, swimming, acquabanas, water toys, and operating personal water craft (PWC’s) (collectively “Watersports Activities”). The Sports Activities listed above are voluntary and are not suitable for all Guests. There is no lifeguard on duty. Guest acknowledges that: (A) there are risks and dangers involved with his or her participation in Sports Activities, and in particular the use of jet-skis or personal watercraft is a dangerous activity that can result in serious injury, including but not limited to broken bones, fractures, concussions, dizziness, motion sickness, dislocations, contusions, torn ligaments and tendons, sprains and strains, cuts to the head, body and/or limbs, bumps and bruises, property loss or damage, abrasions and/or lacerations, permanent disability, spinal injury, paralysis, or death; (B) Carrier and Carrier Entities can in no way guarantee the safety or welfare of Guest in any Sports Activities and Carrier and Carrier Entities are merely providing sport equipment and sport instruction to enhance Guest’s enjoyment; (C) Guest shall knowingly and voluntarily assume the risk of and shall release, defend, hold harmless and indemnify, Carrier and Carrier Entities against any claims made by or on his or her behalf as a result of using Carrier’s equipment and participating in Sports Activities; (D) Guest shall acquire the training necessary to participate in the Watersports Activities and shall follow the rules and procedures maintained by Carrier and Carrier Entities; and (E) Carrier and Carrier Entities shall accept no responsibility for Guest’s failure to abide by the Vessel’s rules and restrictions, governmental rules, regulations and restrictions concerning Watersports Activities. Guest elects to voluntarily participate in Sports Activities with full knowledge and acceptance of any and all risks associated with the Sports Activities identified above. 

46.    FOR PROFIT ENTITY:

Notwithstanding that Carrier, at the Guest’s option, facilitates air transportation, hotel accommodations, ground transfers, shore excursions and other services with independent suppliers of the services, it should be understood that Carrier, being a “For Profit Entity”, earns a fee on the sale of optional services.