IMPORTANT NOTICE TO GUESTS:
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 11, 20 AND 23 TO 29, WHICH LIMIT CARRIER’S 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 “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.
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 Luxury Hotels Limited and Carrier Entities’ Affiliates and their respective employees and agents.
D) The term “Luxury Hotels Limited” means Luxury Hotels Management (BVI) Limited, which is the entity that provides oversight and guidance in connection with certain hotel-related functions on the Vessel. Luxury Hotels Limited is an affiliate of The Ritz-Carlton.
E) The term “Carrier’s Suppliers” includes suppliers of goods and services, and includes but is not limited to, caterers, concessionaires, physicians 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 all of their respective agents, servants and employees.
F) The term “Carrier Entities’ Affiliates” includes any other company or entity that is in any way related to Carrier or Luxury Hotel Limited in any manner, including but not limited to Carrier’s parent company, the Luxury Hotel Limited’s parent company, and their respective affiliates, officers, directors, agents, and employees of each or any of the foregoing.
G) The term “Guest” or “Guests” refers to a passenger on the Vessel and includes every person named on the face of the Ticket.
H) The term “Cruise” means the specific cruise covered by this Ticket, as the same may be modified and shall include those periods during which the Guest is embarking or disembarking the Vessel and those periods when the Guest is on land while the Vessel is in port.
I) The term “Cruise Fare” means the amount paid for the Ticket as further described in Section 4 below. The Cruise Fare is deemed to be earned when paid and non-refundable unless otherwise expressly stated in the cancellation provisions in this Ticket Contract.
J) The term "Property" means such belongings, effects, and possessions, including Baggage, which Guest may bring aboard the Vessel and/or which is acquired during the cruise, irrespective of whether the property is placed in Guest's suite or worn by Guest, or stored in the Vessel's baggage room, holds, or safes at the request of Guest. Property includes, but is not limited to, money, gold, jewelry, 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, wine and/or other valuables.
K) The term "Baggage" means the luggage, bag(s) or suitcase(s) in or by which Guest contains and transports that Property not worn or carried by Guest on, to and off of the Vessel.
L) The “Travel Protection Program” is an optional travel insurance plan offered by Carrier to US residents, which is available for purchase from the time of booking up and until final payment. The Travel Protection Program becomes effective when Carrier receives full payment of the cost of the plan, in addition to any required Cruise Fare deposits or payments due, depending on when the Travel Protection Program is purchased by Guest.
M) 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.
N) The term “Spa” means the area designated as the Ritz Carlton Spa within the Vessel.
O) “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.
P) “Master” means the Captain of the Vessel or any person who acts under his authority.
3. NON-TRANSFERABILITY/BINDING EFFECT/GUESTS OBLIGATIONS:
A) The Ticket is valid only for Guest or Guests named on the Ticket for the cruise embarking on the date specified (the “Sailing Date”) and only Guest or Guests named on the Ticket will be allowed to embark on the cruise. The Ticket may not be sold, assigned, or transferred. The Terms and Conditions of this Ticket are binding on, and confer benefits to, Guest, Guest’s spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. Guest represents and warrants that they are duly authorized by, and on behalf of, all Guests (including accompanying minors) named on the Ticket to agree to all of the terms and conditions of the Contract and to bind all such Guests to such terms and conditions.
B) Guests must comply with all pre-embarkation, on board and shore excursion rules and policies including, but not limited to, all environmental and public health policies and procedures, and as well as Carrier’s COVID-19 protocols.
C) In addition to any Guest obligations set forth in this Ticket, Guests are required to complete a “Guest Information Form” prior to the Sailing Date. Guests may not be permitted to board the Vessel or embark on the cruise or may be asked to disembark after boarding if complete information has not been provided. Carrier shall have no liability for any refund, payment, compensation, or credit of any kind if a Guest is disembarked or denied boarding due to an incomplete Guest Information Form. Included in the Guest Information Form is a request for contact information of family members or others in the event of an emergency as Carrier must be able to reach each passenger’s emergency contact at any time of day. Neither Carrier Entities nor the Carrier Entities’ Affiliates, shall be liable for any damages, losses, costs, expenses, or other claims, including without limitation claims for emotional distress, in the event Carrier is unable to reach an emergency contact for any reason, including the Passenger’s failure to provide accurate contact information throughout the cruise.
4. CRUISE FARE:
Cruise Fare includes suite accommodations, onboard meals and entertainment, non-alcoholic beverages, wines, and liquors selected by Carrier, standard Wi-Fi, and onboard gratuities. Cruise Fare does not include air fare, transfers, hotel accommodations, enhanced Wi-Fi, meals in specialty restaurants, baggage handling and storage charges, credit card fees, surcharges*, fees or charges imposed by governmental or quasi-governmental authorities, shore excursions, sightseeing or meals ashore, private reserve list purchases, caviar, visa fees, laundry or dry cleaning, applicable corkage fees or any item or service whatsoever of a personal nature, such as boutique purchases, medical charges incurred on board or ashore in connection with medical treatment, medical conditions, or medical disembarkation, spa services, salon services, for all of which separate charges may be imposed.
* Under normal conditions the cruise fare is guaranteed at the time of booking. However, the fare paid is determined far in advance of initial departure based on then-existing projections of fuel and other costs. Surcharges may be imposed in the event of any significant change in costs beyond Carrier’s control, including but not limited, increases in the price of fuel, currency fluctuations, increases in government taxes or levies or increased security costs. Carrier has the right to refuse to transport Guests unless the additional surcharge is paid in advance of initial departure.
5. AIR, HOTEL 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 gateways. 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 but are subject to availability of the applicable hotel program.
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 Yacht. 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.
6. SHORE EXPERIENCES:
The program name “Shore Excursions” is subject to change without prior notice. All Shore Experiences are subject to change or cancellation without prior notice. Descriptions, schedules, and excursion lengths are all based on approximate times and pre-determined points of interest. Changes may be unavoidable and can be made at Carrier’s or the tour operator’s sole and absolute discretion. Shore Experiences may be canceled or modified by Carrier or the tour operator, without liability, if the minimum number of guests needed to participate has not been met.
Neither Carrier nor the tour operators will be responsible for Property brought shoreside. Guests should not leave Property unattended at any time, either in the vehicles in which Guests are traveling or otherwise. Carrier’s responsibility does not extend beyond the Vessel.
7. PRIOR TO BOARDING/CHECK-IN/TRAVEL DOCUMENTATION:
VALID UNDAMAGED GOVERNMENT ISSUED 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 their possession the Ticket and Travel Documents. Guest 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. The first and last names on Guest’s booking reservation must match Guest’s passport. Guests lacking the required physical copy of their passport at embarkation aboard Carrier’s Vessel, 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. It is the sole responsibility of the Guest to determine what visas, health certificates or other travel documents may be required for their specific itinerary, to obtain such required travel documents prior to commencing travel, and to present them upon embarkation onboard Carrier’s Vessel. 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. 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 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, 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. 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.
8. CANCELLATIONS BY GUESTS:
WE HIGHLY RECOMMEND THAT GUESTS PURCHASE TRAVEL PROTECTION INSURANCE.
Learn more at https://www.ritzcarltonyachtcollection.com/insurance.
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 CANCELLATIONS:
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 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 $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 $10,000USD but then requested a downgrade to a Terrace suite (priced at $4,000USD) within ninety (90) days of the Sailing Date, the cancellation fee is 50% of the total Cruise Fare. Therefore, Carrier will refund Guest $1,000USD representing the difference between the Signature suite and the Terrace suite, after the applicable cancellation fee of $5,000USD 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 $150USD 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:
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 PRIVATE 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 to the scheduled service. A 100% cancellation fee will be applied if cancelled within twenty-four (24) hours of the scheduled appointment.
9. 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 121 and 45 of the Sailing Date with only an administrative fee of $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.
10. 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.
11. LIABILITY LIMITATIONS FOR LOSS OF OR DAMAGE TO PROPERTY:
GUESTS AGREE THAT THE TOTAL VALUE OF GUEST’S PROPERTY BROUGHT ABOARD THE VESSEL DOES NOT EXCEED $300USD PER GUEST. CARRIER ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF OR DAMAGE TO GUEST'S PROPERTY, PROVIDED, HOWEVER, CARRIER MAY BE RESPONSIBLE AND LIABLE FOR LOSS OR DAMAGE DIRECTLY CAUSED BY THE NEGLIGENCE OF CARRIER OR THEIR EMPLOYEES ACTING IN THE COURSE AND SCOPE OF EMPLOYMENT. CARRIER’S LIABILITY FOR LOSS OF OR DAMAGE TO PROPERTY OF ANY GUEST IS LIMITED TO THE AMOUNT OF $300USD PER GUEST PER CRUISE, UNLESS PRIOR TO THE SAILING DATE, GUEST DECLARES THE TRUE VALUE OF THE PROPERTY BY ADVISING CARRIER’S SPECIAL SERVICES DEPARTMENT AT SPECIAL.SERVICES@RITZ-CARLTONYACHTCOLLECTION.COM IN WRITING OF SUCH TRUE VALUE AND PAYS A FEE TO CARRIER EQUAL TO 5% OF THE DECLARED VALUE OF THE PROPERTY, UP TO A MAXIMUM OF $5,000USD. LIABILITY WILL, IN THIS EVENT, BE LIMITED TO THE TRUE VALUE DECLARED, BUT IN NO EVENT AND UNDER NO CIRCUMSTANCE WILL CARRIER’S TOTAL LIABILITY FOR THE TRUE DECLARED VALUE OF THE PROPERTY EXCEED $5,000USD. IF A GUEST TRAVELS BY AIR OR OTHER TRANSPORTATION, THE TERMS AND CONDITIONS OF THE AIRLINE OR OTHER TRANSPORTATION PROVIDER APPLY TO GUEST’S CARRIAGE ON THOSE CONVEYANCES, AND CARRIER ENTITIES SHALL NOT HAVE ANY LIABILITY FOR LOSS OR DAMAGE TO PROPERTY INCLUDING BAGGAGE, VALUABLES AND OTHER PERSONAL BELONGINGS ARISING OUT OF, OR RELATED TO, SUCH AIR OR OTHER TRAVEL.
A) Carrier provides an in-suite personal safe for Guests convenience. Carrier Entities’ maximum liability, if any, with respect to Carrier’s safekeeping of valuables or Guests use of in-suite personal safe is as set forth in Section 11(A).
B) Any settlements, if any, will be made on the basis of actual cash value (replacement cost, less depreciation) up to a maximum of $300USD. Claims for damaged Property will be settled on the basis of the cost of repair subject to the liability limits set forth in Section 11(A). No amount shall be paid in settlement of any claim without proof of the actual cash value, or repair cost, as applicable, arising from the loss or damage provided to Carrier Entities. Liability of Carrier Entities, if any, must also be established before any settlement will be paid.
C) Personal belongings lost while unattended in public lounges or other public areas, whether on board the Vessel or elsewhere, are not the responsibility of Carrier Entities and are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, acts of God, or any other event of force majeure (see Section 34 below) are not reimbursable. Guest shall be responsible for any cost incurred by Carrier in returning any lost personal belongings to Guest.
12. ITINERARY/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 done 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.
13. 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 41. If Carrier exercises its rights under section 13 and/or 41 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.
14. 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.
15. 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 specialservices@ritz-carltonyactcollection.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 39 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.
16. 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 39 below and emailing special.services@ritz-carltonyachtcollection.com.
17. 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 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.
18. 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.
19. SMOKING:
Guests shall observe the non-smoking areas on board the Vessel. Indoor smoking, including e-cigarettes, is permitted only in The Humidor 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 and private terraces. If smoke is detected in a suite, a cleaning fee of $1,000USD per occurrence will be billed to Guest's account. Outdoor smoking is strictly prohibited on board the Vessel. Fines will be charged for violations of this policy. For serious violations of the non-smoking policy, more stringent consequences, including disembarkation without refund, may be ordered by the Master.
20. 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.
21. SOLICITATION:
Guests agree that they shall not solicit Guests or others on board the Vessel for commercial purposes or advertise goods or services on board the Vessel without the prior written permission of Carrier which may be withheld or delayed in Carrier’s sole and absolute discretion. Solicitation by vendors of goods and services, including, but not limited to, solicitation by travel professionals, is strictly forbidden.
22. 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 allowed by applicable law. Any person(s) refused booking or passage by Carrier, unless said cancellation is due to an event of force majeure (see Section 34 below) or the act or inaction of Guest, in advance of the Sailing Date will be given a refund of the Cruise Fare payments received from Guest. Other than refunds provided under this Section 22(A) Carrier Entities shall have no liability of any kind to Guest.
B) Carrier Entities, without any liability, including liability for refund, payment, compensation or credit, except as provided herein or by applicable law, may disembark or refuse to embark Guest, confine Guest, quarantine Guest, restrain Guest, change Guest’s accommodations, or disembark Guest at any time, if, in the sole opinion of Carrier , the Master, or any physician, Guest is unfit to travel, might be excluded from landing at a destination by Immigration or other Governmental Authorities, or the presence or behavior of Guest or any minor or other person in Guest’s care during the cruise detrimental to the health, comfort, enjoyment or safety of any other person, or the safety of Guest, the Vessel or its crew. The Master of the Vessel has the right in his/her sole discretion to make decisions in this regard for the safety and security of the Vessel and the health, safety, security, comfort, and enjoyment of those on board.
C) If Guest is refused passage or leaves the Vessel prior to the end of the cruise for any of the reasons described in this Section 22 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, nor shall Carrier Entities be responsible for any payment, compensation or credit of any kind or for any of Guest’s costs (e.g. medical, travel, repatriation) except as required by applicable law. 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.
If any Guest is detained on board or elsewhere 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 the responsibility of Guest. Any Guest carried beyond their scheduled port of disembarkation for any reason without fault of Carrier shall pay Carrier an additional cruise fare for each extra nights Guest remains on board the Vessel past the originally scheduled disembarkation port. In any and all cases described in this section other than Guest having a communicable disease, Guest shall not be entitled to any credit, compensation, refund of fare paid or damages whatsoever.
23. INDEPENDENT CONTRACTORS/ TRAVEL PROFESSIONALS/ 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.
24. 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 GUEST AND THEY ARE NOT SERVANTS, 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 ABOARD 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) 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 the Sailing Date 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) Guest shall be charged for medical services and for medications and supplies used for their medical treatment. Guest shall also be responsible for the payment of any medical expenses and other expenses in connection with medical disembarkation and medical conditions incurred ashore.
25. TIME LIMITS AND NOTICE REQUIREMENTS FOR CLAIMS:
A) NO SUIT MAY BE BROUGHT AGAINST CARRIER ENTITIES OR THE VESSEL FOR DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF GUEST, UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS IS DELIVERED TO CARRIER AT ITS OFFICE AT THE ADDRESS SET FORTH HEREIN WITHIN SIX (6) MONTHS FROM THE DAY THAT THE EVENT THAT CAUSED SUCH DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF GUEST OCCURRED.; IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST CARRIER ENTITIES OR THE VESSEL WITH RESPECT TO DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH BE BROUGHT, UNLESS SUIT IS COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DAY THAT THE EVENT THAT CAUSED THE DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF GUEST OCCURRED, AND PROCESS IS SERVED WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER SUIT IS FILED, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY, POSSESSION OR COUNTRY TO THE CONTRARY.
B) NO SUIT SHALL BE MAINTAINABLE AGAINST CARRIER ENTITIES OR THE VESSEL UPON ANY CLAIM RELATING TO LOSS OF OR DAMAGE TO ANY PROPERTY UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, IS DELIVERED TO CARRIER AT ITS OFFICE AT THE ADDRESS SET FORTH HEREIN WITHIN THIRTY (30) DAYS AFTER TERMINATION OF THE CRUISE TO WHICH THIS CONTRACT RELATES. IN NO EVENT SHALL ANY SUIT FOR ANY CLAIM AGAINST CARRIER ENTITIES OR THE VESSEL WITH RESPECT TO LOSS OF OR DAMAGE TO PROPERTY BE MAINTAINABLE UNLESS SUIT IS COMMENCED (FILED) WITHIN ONE (1) YEAR AFTER THE TERMINATION OF THE CRUISE AND PROCESS SERVED IS WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER THE SUIT IS FILED, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY, POSSESSION OR COUNTRY TO THE CONTRARY.
26. LIABILITY LIMITATION FOR LOSS OF LIFE OR INJURY:
A) IN THE EVENT 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 GUEST, OF ANY KIND UNDER ANY CIRCUMSTANCES, UNLESS SUCH EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WAS--
(1) THE RESULT OF PHYSICAL INJURY TO GUEST CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR CARRIER, CARRIER’S AGENT, MASTER, OWNER, OR A THIRD-PARTY OPERATOR OF THE VESSEL;
(2) THE RESULT OF 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 ARE BOOKED BY A PASSENGER IN A EUROPEAN UNION MEMBER STATE, OR WHICH EMBARK OR DISEMBARK IN A PORT LOCATED IN A EUROPEAN UNION MEMBER STATE, CARRIER ENTITIES SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN EUROPEAN UNION REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS (“EU REGULATION 392/2009”). EU REGULATION 392/2009 LIMITS CARRIER’S LIABILITY AS FOLLOWS: (A) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A “SHIPPING INCIDENT”, A PASSENGER HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 250,000 SPECIAL DRAWING RIGHTS (“SDR”) (APPROXIMATELY $363,000USD) IN ANY EVENT, WITH THE EXCEPTION OF CIRCUMSTANCES BEYOND CARRIER’S CONTROL (I.E., ACT OF WAR, NATURAL DISASTER, ACT OF A THIRD PARTY); HOWEVER, COMPENSATION PAID BY CARRIER CAN GO UP TO 400,000 SDR (APPROXIMATELY $580,000USD) UNLESS CARRIER PROVES THAT THE INCIDENT OCCURRED WITHOUT ITS FAULT OR NEGLECT; (B) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A NON “SHIPPING INCIDENT”, A PASSENGER HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 400,000 SDR (APPROXIMATELY $580,000USD), IF THE PASSENGER PROVES THAT THE INCIDENT WAS THE RESULT OF CARRIER’S FAULT OR NEGLECT;, (C) CARRIER’S INSURANCE PROVIDER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SUMS IN EXCESS OF 250,000 SDR (APPROXIMATELY $363,000USD) IN RESPECT OF DEATH AND/OR PERSONAL INJURY; THERE ARE LIMITED CIRCUMSTANCES IN WHICH CARRIER’S INSURANCE PROVIDER IS NOT REQUIRED TO MAKE A PAYMENT. 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. THE TERM “SHIPPING INCIDENT” IS DEFINED IN EU REGULATION 392/2009 AS FOLLOWS: “SHIPPING INCIDENT” FOR THE PURPOSES OF THIS REGULATION INCLUDES: SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP OR DEFECT IN THE SHIP. PUNITIVE DAMAGES ARE NOT RECOVERABLE FOR CRUISES COVERED BY EU REGULATION 392/2009.
AS TO ALL OTHER CRUISES NOT DESCRIBED ABOVE IN THIS CLAUSE 22B, ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF LIABILITY PROVIDED IN, OR AUTHORIZED BY THE LAWS OF THE UNITED STATES SHALL APPLY, INCLUDING BUT NOT LIMITED TO, TITLE 46 OF THE UNITED STATES CODE §§30501 THROUGH 30509, AND 30511.
27. CHOICE OF LAW/LIMITATION OF LIABILITY:
EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED HEREIN, THIS CONTRACT AND ALL OTHER RIGHTS AND DUTIES OF GUESTS AND OF CARRIER ENTITIES WILL BE CONSTRUED, AND ANY DISPUTE RELATING TO, OR IN ANY WAY ARISING OUT OF, OR CONNECTED WITH THIS CONTRACT OR GUEST’S CRUISE WILL BE RESOLVED EXCLUSIVELY IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF THE UNITED STATES WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, EXCEPT IN CASES INVOLVING DEATH ARISING OUTSIDE THE UNITED STATES WHICH SHALL BE GOVERNED EXCLUSIVELY BY THE DEATH ON THE HIGH SEAS ACT, 46 U.S.C. § 30301, ET SEQ. GUEST AGREES THAT THIS CHOICE OF LAW PROVISION REPLACES, SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY STATE OR NATION TO THE CONTRARY. IN ADDITION TO THE LIMITATIONS OF LIABILITY EXPRESSLY PROVIDED IN THIS 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 ENTITIES.
28. FORUM; CLAIMS SUBJECT TO BINDING ARBITRATION; AND WAIVER OF CLASS ACTION AND IN REM ACTIONS
A) ARBITRATION OF CERTAIN CLAIMS AND FORUM FOR SMALL CLAIMS: ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF A GUEST, WHETHER BASED ON CONTRACT, TORT, STATUTORY, CONSTITUTIONAL OR OTHER LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, ALLEGED VIOLATION OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY LAWS, OR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT OR GUEST’S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN GUEST AND CARRIER ENTITIES, WITH THE SOLE EXCEPTION OF CLAIMS BROUGHT AND LITIGATED EXCLUSIVELY IN SMALL CLAIMS COURT IN BROWARD COUNTY, FLORIDA, SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) (OR, IF APPLICABLE, THE UNITED NATIONS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“THE CONVENTION”)) AND SOLELY AND EXCLUSIVELY IN BROWARD COUNTY, FLORIDA, U.S.A., TO THE EXCLUSION OF ANY OTHER FORUM. GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ARBITRATION PROCEEDING IN BROWARD COUNTY, FLORIDA. THE ARBITRATION SHALL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND THE FEE SCHEDULE IN EFFECT AT THE TIME OF FILING THE DISPUTE WITH NAM, WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. INFORMATION WITH RESPECT TO NAM CAN BE REVIEWED ON THE NAM WEBSITE (www.namadr.com), AND NAM CAN BE CONTACTED IF THERE IS ANY QUESTION AT (800) 358-2550, ATTENTION CLAIMS DEPARTMENT, 990 STEWART STREET, FIRST FLOOR, GARDEN CITY, NY 11530. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT IN BROWARD COUNTY, FLORIDA). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CARRIER ENTITIES WOULD HAVE IN COURT PROCEEDINGS MAY NOT BE AVAILABLE IN ARBITRATION. AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION UNDER THE CONVENTION OR FAA. CARRIER ENTITIES AND GUEST FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF GUEST ASSERTING THE CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. IN THE EVENT THIS PROVISION IS DEEMED UNENFORCEABLE BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION FOR ANY REASON, THEN AND ONLY THEN THE PROVISIONS OF CLAUSE (B) BELOW GOVERNING FORUM AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS CLAUSE.
B) FORUM AND JURISDICTION: EXCEPT AS OTHERWISE PROVIDED FOR CLAIMS SUBJECT TO ARBITRATION, GUEST AND CARRIER ENTITIES IRREVOCABLY AGREE THAT ANY DISPUTE WHATSOEVER ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR INCIDENT TO THIS CONTRACT OR GUEST'S CRUISE INCLUDING ANY CLAIM FOR PERSONAL INJURY, ILLNESS OR DEATH, SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN FORT LAUDERDALE, FLORIDA. IN THE EVENT THAT NO DIVERSITY JURISDICTION EXISTS IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, THEN THE MATTER MUST PROCEED UNDER THE COURT’S ADMIRALTY JURISDICTION AND CARRIER CONSENTS TO A TRIAL BY JURY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 39(C). AS TO THOSE LAWSUITS OVER WHICH THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA LACKS SUBJECT MATTER JURISDICTION, THEN ANY CLAIM FOR PERSONAL INJURY, ILLNESS OR DEATH, SHALL BE LITIGATED BEFORE A COURT LOCATED IN BROWARD COUNTY, FLORIDA, TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY. GUEST ACKNOWLEDGES AND UNDERSTANDS THAT A FEDERAL COURT PRESIDING OVER THE MATTER UNDER ADMIRALTY JURISDICTION MAY NOT GRANT A TRIAL BY JURY DESPITE CARRIER’S CONSENT AND GUEST’S REQUEST FOR A TRIAL BY JURY, AND IN SUCH EVENT, GUEST KNOWINGLY AND VOLUNTARILY WAIVES A TRIAL BY JURY. GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY OBJECTION TO VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN SUCH COURTS.
C) CLASS ACTION WAIVER: THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY LAWSUIT OR ARBITRATION AGAINST CARRIER ENTITIES WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH ABOVE. IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SHALL SUCH CLAIM NOT BE SUBJECT TO ARBITRATION INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION.
D) IN REM WAIVER: IN THE EVENT OF A MARITIME TORT, APPLICABLE LAW MAY PROVIDE THE RIGHT TO PROCEED IN REM TO ARREST THE VESSEL OR IT APPURTENANCES FOR PURPOSES OF SECURITY OR PROCEED QUASI IN REM TO ATTACH ANY OF CARRIER’S VESSELS TO ESTABLISH JURISDICTION. GUESTS HEREBY WAIVE ANY RIGHT THEY MAY HAVE TO AN IN REM OR QUASI IN REM PROCEEDING TO ARREST OR ATTACH ANY OF CARRIER’S VESSELS FOR THE PURPOSES OF OBTAINING SECURITY OR JURISDICTION AND WILL RELY SOLELY ON THE CREDIT OF CARRIER IN BRINGING ANY CLAIM AGAINST CARRIER, IF AT ALL.
29. 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.
30. 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.
31. PAYMENTS BY GUEST AND EXTRA EXPENSES:
Any and all payments by Guest to Carrier shall be made in currency of the United States of America, 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 Guest’s final disembarkation from the Vessel. Any other expenses incurred by Guest or by Carrier Entities on behalf of Guest shall be payable by Guest on demand.
32. NO GENERAL AVERAGE:
Guests shall neither pay nor receive any general average contribution with respect to any property.
33. USE AND DISPLAY OF LIKENESS; PERSONAL DATA; PRIVACY NOTICE; PUBLIC WIRELESS SERVICES:
Guest hereby grants to Carrier Entities, and any other person or entity Carrier Entities may authorize, the right to photograph, film and/or record Guest and/or Guest’s charge.
Furthermore, Guest hereby grants to Carrier Entities and its successors, affiliates, licensees, and assigns, forever and throughout the world, the right to use such photographs, film, images, tapings and/or recordings of Guest for any purpose, which include but is not limited to governmental investigations, litigation, and promotional materials. Guest agrees they 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 in perpetuity.
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. Carrier may utilize closed circuit television or other surveillance means on board the Vessel.
Personal Data includes Guest’s name, street or email address, date of birth, passport, payment information, and/or telephone numbers, photograph, information shared with Carrier within the My Yacht Account portal or other information which would identify Guest personally (“Personal Data”). Carrier and its affiliates will collect, use, and share Personal Data with Licensors, Service Providers and Strategic Business Partners, including the Marriott Group as defined below, in accordance with Carrier’s Global Privacy Statement at www.ritzcarltonyachtcollection.com. Guest may at any time request access, correction or deletion of Guest’s Personal Data collected by Carrier or object to the use or processing of Guest data by emailing privacy@ritz-carltonyachtcollection.com. Guest may also lodge a complaint with a data protection authority at any time.
Marriott International, Inc. and its affiliates, including Luxury Hotels Limited and The Ritz-Carlton (collectively, the “Marriott Group”) will collect, use and share Personal Data in accordance with its Global Privacy Statement, available at Marriott Online Privacy Policy | Hotel Privacy Policy Information. Guest acknowledges and agrees that the Marriott Group may share any Personal Data, including Personal Preferences (as that term is defined in the Marriott Group Global Privacy Statement) it has previously collected about Guest with Carrier for the purpose of providing the services described herein. Guest may at any time request access, correction or deletion of Guest Personal Data collected by the Marriott Group, or object to the use or processing of Guest’s data by emailing privacy@marriott.com, or by visiting the Marriott Individual Rights Portal. Guest can also lodge a complaint with a data protection authority at any time.
The Marriott Group, Cruise Yacht OpCo, Ltd., Next-Gen Cruises Ltd., and each of Carrier Entities are each independently responsible for Personal Data. Certain sensitive data such as health information relating to Guest’s trip may also be collected in accordance with applicable law. Personal Data will be transferred to the U.S. and other countries where data protection laws may differ from those of Guest’s home country.
Consistent with any communication preferences Guest may have previously provided, the Marriott Group will also send special offers or promotions by email, telephone, SMS, or mail. If Guest has any questions, concerns or would like to make a change, please send an email to privacy@marriott.com.
Consistent with any communication preferences Guest may have previously provided, Carrier will also send special offers or promotions by email, telephone, SMS, or mail. If Guest has any questions, concerns or would like to make a change, please send an email to privacy@ritz-carltonyachtcollection.com.
Carrier may, at its sole option, make wireless internet or telephone access ("Wireless Services") available as a convenience; Carrier Entities accept no responsibility for non-availability or interruptions in Wireless Services. 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, and information sent or received is not guaranteed to be private. Guest’s Personal Data and Personal Preferences may be available to third parties. By using Wireless Services Guest agrees that C Carrier Entities, in its sole discretion or as may be required by law, may monitor, record, intercept and disclose any transmissions and may provide to others all information relating to all Wireless Services (e.g., billing, account, or use records). Guest agrees to comply with and acknowledges and accepts Carrier Entities’ Terms and Conditions of Wireless Services.
34. FORCE MAJEURE:
Except as provided herein, Carrier Entities shall not be liable in any way to Guest for death, injury, illness, damage, delay, cancellations or other loss or detriment to person or property or for Carrier Entities’ failure to commence, perform and/or complete any duty owed to Guest if such death, injury, illness, damage, delay or other loss or detriment to person or property is caused by act of God, war or warlike operations, terrorist activities, civil commotions, breakdown, labor difficulties or disputes (whether or not Carrier is a party thereto), strikes, lockouts, medical or health epidemic, outbreaks of illness, pandemic, interference by authorities, requisitioning of the Vessel, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Vessel, fire, earthquakes, flood, vandalism, destructive acts of government, mechanical failure of the Vessel, piracy, perils of navigation, perils of the sea or any other cause whatsoever beyond the control of Carrier Entities.
35. 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 Five Hundred Dollars ($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.
36. 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 Carrier, regardless of whether Carrier demands payment.
37. INTERPRETATION:
Should any provision of this Ticket 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 Ticket and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of the Ticket 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 gender, and references to the singular shall include the plural and vice versa. The Terms and Conditions contained on Carrier’s website (www.ritzcarltonyachtcollection.com) in effect as of the Sailing Date of the cruise to which this Ticket relates are hereby incorporated by reference into this Ticket. In the event of conflict between the provisions of this Ticket, the Booking Terms and Conditions, the Terms and Conditions contained on Carrier’s website, the terms of any Carrier advertisement or offer, and the oral representations of any Carrier representative, the provisions of this Ticket shall control.
38. NO PETS ALLOWED:
No pets or animals are permitted on board the Vessel, except for ADA approved service animals. See Section 16.
39. WRITTEN NOTICES:
Except as otherwise expressly provided in this Ticket, all written notices required by the Ticket must be mailed, postage prepaid, to:
Cruise Yacht OpCo Ltd
doing business as The Ritz-Carlton Yacht Collection
100 NE Third Ave
Suite 1100
Fort Lauderdale, FL 33301
With a copy to: legal@ritz-carltonyachtcollection.com
Next-Gen Cruises Ltd
doing business as The Ritz-Carlton Yacht Collection
100 NE Third Ave
Suite 1100
Fort Lauderdale, FL 33301
With a copy to: legal@ritz-carltonyachtcollection.com
40. 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.
41. 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 CARRIERS’ 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): (1) vaccination of all Guests; and (2) 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.
42. GUEST CODE OF CONDUCT:
Guest agrees to abide by the Guest Code of Conduct available online at ritzcarltonyachtcollection.com/guest-conduct-policy. Carrier reserves the right to change the Guest Code of Conduct at any time without notice.
43. 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.
44. 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.