THESE TERMS AND CONDITIONS ARE ONLY APPLICABLE TO BOOKINGS MADE IN A EUROPEAN UNION MEMBER STATE. THIS CRUISE CONTRACT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND CARRIER (AS DEFINED BELOW) AND CONTAINS IMPORTANT LIMITATIONS ON YOUR RIGHTS. PLEASE READ CAREFULLY ALL THE TERMS & CONDITIONS OF THIS AGREEMENT PAYING PARTICULAR ATTENTION TO PARAGRAPHS 8 AND 19 TO 25, WHICH LIMIT OUR LIABILITY AND YOUR RIGHT TO SUE.
The provisions of this Cruise Contract (also referred to as “Contract”) represent the entire agreement between the Guest(s) and CARRIER. The Guest’s acceptance of the Guest Confirmation and/or payment of the deposit constitutes the Guest’s consent on behalf of him or herself and all other persons travelling under this Cruise 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 Cruise Contract. Any change in these provisions must be in writing and signed by a corporate officer of CARRIER and may require a commensurate increase in fare.
A) The term "Baggage" means the luggage, bag(s) or suitcase(s) in or by which the Guest contains and transports that property not worn or carried on the person on to and off of the Yacht.
B) The term “CARRIER” includes the Yacht, Cruise Yacht OpCo Ltd d.b.a. 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 is licensed to trade under the name “The Ritz-Carlton Yacht Collection” by The Ritz-Carlton Hotel Company, L.L.C. (“Ritz-Carlton”) and is not an affiliate of or related to Ritz-Carlton or its affiliates.
C) The term “CARRIER ENTITES” means CARRIER and Hotel Services Operator and their respective affiliates, employees and agents.
D) The term “CARRIER ENTITIES’ AFFILIATES” includes any other company or entity that is in any way related to CARRIER or Hotel Services Operator in any manner, including but not limited to CARRIERs’ parent company, the Hotel Services Operator’s parent company, and their respective affiliates, officers, directors, agents, and employees of each or any of the foregoing.
E) The term “CARRIER’S SUPPLIERS” includes suppliers of goods and services, and includes but is not limited to caterers, concessionaires, physician and medical personnel, all shore excursion and/or tour operators, independent contractors, as well as designers, installers, and manufacturers of the Yacht or any component parts or tenders thereof, and to all of their respective agents and employees.
F) The term “Cruise” means passenger transport and accommodation on board the Yacht to one or more destination(s) and following the itinerary identified in the Guest Confirmation.
G) The term “Cruise Fare” means the amount paid for the Cruise as further described in paragraph 3.
H) The term “Hotel Services Operator” means Luxury Hotels Management (BVI) Limited, the entity that provides hotel related services on the Yacht.
I) The term “Guest” or “Guests” refers to a passenger on the Yacht and includes every person named on the Guest Confirmation.
J) The term “Guest Confirmation” refers to the document provided to the Guest after CARRIER has received the deposit described in paragraph 3 (A), which shall be incorporated by reference into this Cruise Contract.
K) The term “Package Travel Regulations, 2018” refers to the Legal Notice 94 of 2018 titled “Package Travel and Linked Travel Arrangements Regulations, 2018” issued under the Malta Travel and Tourism Services Act, Chap. 409 of the Laws of Malta and implementing Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.
L) The term "Property" means such belongings, effects and possessions, including Baggage, as the Guest may bring on board the Yacht or acquired during the Cruise, irrespective of whether the property is placed in the Guest's suite or worn by the Guest, or, stored in the Yacht's baggage room, holds, or safe against receipt at the request of the Guest. It includes, but is not limited to, money, gold, jewellery, watches, precious stones and metals, securities, financial instruments, tickets, works of art, electronics, computers, digital or flash drive computer equipment, cellular telephones, camera/video/audio equipment or supplies, CDs, binoculars, dental hardware, eyewear, hearing aids, medications, medical equipment, and/or other valuables.
M) The term “Yacht” includes the vessel named in the Guest Confirmation or any vessel substituted for the one named in the Guest Confirmation, and its tenders or any other means of conveyance owned, operated or managed by CARRIER in whole or in part.
3. Cruise Information, Cruise Fare and Payment Terms:
A) Cruise Yacht OpCo Ltd d.b.a. The Ritz-Carlton Yacht Collection is licensed by the Malta Tourism Authority to provide travel services and shall be responsible for the performance of the travel services forming part of the Cruise. The details of your Cruise as well as other important information and your special requirements (where applicable) are included in the Guest Confirmation provided to you at the time of booking.
B) When you make your booking with CARRIER you will be asked to pay a deposit of twenty-five percent (25%) of the Cruise Fare. The balance of the Cruise Fare must be paid at least one hundred twenty (120) days before your Sailing Date. If the deposit and/or balance is not paid on time, we shall cancel your travel arrangements. If the balance is not paid on time, we will consider this a cancellation under paragraph 6 and we shall refund the deposit after deducting the administrative charge of €250.
C) Cruise Fare covers normal onboard services and facilities including suite accommodations, onboard meals, entertainment plus all non-alcoholic beverages, select wines and liquors and gratuities for housekeeping, dining and bar staff. The Cruise Fare does not include air fare, transfers, hotel accommodations, premium internet, meals in specialty restaurants and port fees, such as security, navigation, berthing, stevedoring and Baggage handling/storage charges, fuel surcharges, fees or charges imposed by governmental or quasi-governmental authorities, shore excursions, sightseeing or meals ashore, taxes, visa fees, laundry or dry cleaning, or any item or service whatsoever of a personal nature, such as medical treatment, expenses incurred on board or ashore in connection with medical treatment, medical condition, or medical disembark, massage, spa services or hairstyling for which separate charges may be imposed. In addition, some premium champagne, wine, spirit selections and caviar are not included in your Cruise Fare. Cruise Fare also does not include miscellaneous charges levied by the airlines for services, including but not limited to Baggage, meals, special seat assignments or any other airline-provided service, which are the Guest’s responsibility. Details regarding such fees are available on the individual airlines' websites.
4. Non-Transferability/Binding Effect:
This Cruise Contract is valid only for the Guest or Guests named on the Guest Confirmation for the date (the “Sailing Date”) and Yacht indicated. It may not be sold. It may not be assigned or transferred unless reasonable notice is given by Guest to CARRIER of no less than seven (7) days before the Sailing Date in accordance with the Package Travel Regulations, 2018. The Terms and Conditions of the Contract are binding on, and confer benefits to, the Guest, the Guest’s spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. The Guest represents and warrants that he or she is duly authorized by and on behalf of all Guests (including accompanying minors) named on the Guest Confirmation to agree to all of the terms and conditions of the Contract and to bind all such Guests to such terms and conditions.
5. Prior to Boarding/Check-in/Documentation:
The Guest is required to be on board the Yacht on the Sailing Date at least two (2) hours before departure time. At the time of embarkation, the Guest is responsible for having received all medical inoculations necessary for the Cruise and having in his or her possession the Guest Confirmation, valid passport, visas and other documents necessary for the scheduled ports of call and disembarkation. All passports, visas and other travel documents required for embarkation and disembarkation and at all ports of call are the responsibilities of the Guest. The Guest should confirm the necessary requirements with the relevant embassies and/or consulates based on their country of residence/citizenship. The specific visa requirements for a country can be found on https://foreignaffairs.gov.mt/en/Pages/Travel-Advice.aspx as well as at https://www.gov.uk/foreign-travel-advice. Guest must take proper steps (including provision of all necessary documents) as may be required to enable Guests to land at any port of call and generally to comply with the laws of the country in which each such port is situated. CARRIER ENTITIES shall not in any circumstances whatsoever be liable for the consequence of any insufficiency or irregularity in such documents or the non-compliance by the Guest with such laws; notwithstanding that such documents are produced to CARRIER by the Guest or that information or advice as to said laws is given by CARRIER ENTITIES to the Guest. If the Guest does not have proper documentation he or she will not be allowed to board the Yacht.
6. Cancellations by Guests:
A) Guests may cancel their cruise booking at any time prior to the Sailing Date subject to payment of the appropriate cancellation fee. Cancellations may be made by telephone or in writing. Changes to the Sailing Date will be considered cancellations. For cancellations, amounts paid, minus cancellation fees and other amounts owed, will be refunded within fourteen (14) days of the notice of cancellation. No refunds will be made in the event of interruption or cancellation by the Guest after the Sailing Date. All appropriate refunds will be made in the same manner in which payment was received. CARRIER ENTITIES are not responsible for the receipt of refund monies by Guests from their travel agents. All travel documents including airline tickets must be returned before refund processing can begin. Certain travel agents may withhold an agency cancellation fee. CARRIER reserves the right to restrict any changes to a reservation. All changes are subject to availability. Please note that changes made to overall party size may result in a change to the rate.
121 + days Full Refund less a *EUR 250.00 non-refundable administrative fee per person
120-91 days to sailing 25% cancellation fee, deducted from Cruise Fare
90-61 days to sailing 50% cancellation fee, deducted from Cruise Fare
60-31 days to sailing 75% cancellation fee, deducted from Cruise Fare
30 days to sailing 100% cancellation fee, deducted from Cruise Fare
*This fee may be converted to a future cruise credit valid for travel within twelve (12) months from the date of the cancelled voyage.
B) Without prejudice to the provisions of paragraph 6 (A) above, the Guest shall have the right to terminate the Cruise Contract at any time before the Sailing Date without incurring the cancellation fee in the event of unavoidable and extraordinary circumstances (including Force Majeure defined in paragraph 30) occurring at the place of destination or its immediate vicinity and significantly affecting the Cruise. Furthermore, the Guess shall be entitled to a full refund of any payments made up to the date of termination.
C) Guest-requested downgrades will be treated as a cancellation and re-booking, in which case the cancellation fee table immediately above is applied. To illustrate, if a Guest requests a downgrade within thirty (30) days of sailing, the cancellation fee is one hundred percent (100%) of the Cruise Fare. In other instances where a Guest requests a downgrade with more lead time, CARRIER will refund the difference between the original category and the downgraded category, after deduction of the applicable cancellation fee is applied from the table above, in the same manner to which payment was received.
D) Where you are to make a change to your booking after the Guest Confirmation has been issued, you will be asked to pay an administrative fee of EUR 250.00 and any further service charge beyond the control of CARRIER. These latter charges may increase the closer to the Sailing Date that these changes are made. Certain travel arrangements may not be changeable after a booking has been made and any change request could incur a cancellation fee of up to one hundred percent (100%) of that part of the arrangements, this may include name changes to flight tickets. Administrative fees and service charges will vary and are based on the type of change made to your Cruise and/or tour package, itinerary, hotel, land or air arrangements. Additional costs incurred as a result of these changes are the Guest’s responsibility. Any changes to a reservation that result in imposition of airline or other cancellation fees are the responsibility of the 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 excursions, except as specifically outlined in this Contract or other applicable terms and conditions.
7. Baggage, Valuables and Other Possessions:
A) Guest may bring a reasonable amount of clothing and personal effects on the Yacht without charge. Guests are encouraged to check with their airline regarding any additional restrictions. Guests participating in any overnight excursions that requires air travel are subject to the baggage charges as set forth by the individual airlines and are encouraged to pack a smaller bag to avoid extra baggage charges. All Baggage must be securely packed and clearly labelled with the Guest’s full name, the name of the Yacht, the suite number of the Guest, and the Sailing Date of the Yacht.
B) Guest must personally carry Baggage containing breakable items and valuables, including, but not limited to, jewellery, watches, money, precious stones and metals, securities, checks, other financial instruments and/or tickets, at all times during transit, including, but not limited to, on and off the Yacht. Guest should not give such Baggage containing breakable items or valuables to anyone at any time, including, but not limited to, porters, Yacht personnel or anyone else who is not known personally to the Guest, regardless of any assurances given to Guest that it is safe to do so, at any time, including, but not limited to, during transit to and from the airport, arrival at the Yacht, boarding and checking into Guest’s suite, or at any other time while traveling. Such Baggage is the full and sole personal responsibility of the Guest at all times. Any liquid, fragile, perishable or other sensitive articles not suitably packed are transported at Guest’s own risk. Such items may not be included with checked Baggage. Guests are personally responsible for their Baggage throughout the travel process and should personally ensure that their valuables are carried to their suites/cabins/rooms and stored appropriately in the suite safe. CARRIER ENTITIES are not responsible for loss of or damage to any such items.
C) Weapons, ammunition, explosives, flammable materials and substances that are hazardous, disabling, or illegal, non-prescription controlled substances or any other article that in the opinion of the Master shall be deemed dangerous, are strictly prohibited on board the Yacht. Such additional dangerous articles include, but are not limited to, firearms, stun guns, swords, ice picks or knives. Any such items shall be surrendered to the Master at embarkation and may be disposed of at the sole discretion of the Master.
8. Liability Limitations for Loss of or Damage to Property:
A) The total value of a Guest’s Property brought on board the Yacht shall be deemed not to exceed EUR 300 per Guest. CARRIER ENTITIES shall not be responsible or liable for any loss of or damage to Guest's property, unless Guest proves such loss or damage was proximately caused by negligence of CARRIER ENTITIES or their employees acting in the course and scope of employment. The total CARRIER ENTITIES’ liability for loss of or damage to property of any Guest is limited to the amount of EUR 300 per Guest per cruise, unless Guest before embarkation declares the true value of the property, advises CARRIER in writing of such true value, and pays a fee to CARRIER of five percent (5%) of the declared value up to a maximum of EUR 5,000. Liability will in this event be limited to the true value declared, but in no event and under no circumstance will the total CARRIER ENTITIES’ liability for the true value declared exceed EUR 5,000. If a Guest travels by air or other transportation, the terms and conditions of the airline or other transportation provider apply to the Guest’s carriage on those conveyances, and CARRIER ENTITIES shall not have any liability for loss or damage to Baggage, valuables and other personal belongings arising out of, or related to, such air or other travel.
B) CARRIER provides safekeeping for valuables on board the Yacht and encourages Guests to deposit any jewellery or other valuables brought on board the Yacht with the guest services staff who will issue a receipt for such valuables. CARRIER also provides an in-suite personal safe for your convenience. The value of articles delivered for safekeeping shall also be deemed not to exceed EUR 300 unless the Guest declares in writing the articles delivered are of a higher value and meets the other requirements set forth in paragraph 8 (A). CARRIER ENTITIES’ maximum liability is as set forth in this paragraph 8.
C) CARRIER ENTITIES shall in no event be liable for the loss of or damage to Property unless such Property has been deposited with the Master or other designated representative against receipt for the agreed purpose of safekeeping. In the event of such deposit, CARRIER ENTITIES’ liability for loss or damage thereof shall be controlled by the provisions of this paragraph 8.
D) All settlements will be made on the basis of actual cash value (replacement cost, less depreciation) to the extent of the EUR 300 limit of liability of CARRIER ENTITIES. Claims for damaged items will be settled on the basis of cost of repair. No amount shall be paid in settlement of any claim without proof provided to CARRIER ENTITIES of the actual cash value, or repair cost, as applicable, arising from the loss or damage. Liability must also be proven before any settlement will be paid.
E) Personal belongings lost while unattended in public lounges or other public areas, whether on board the Yacht or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, acts of God, or any other cause beyond CARRIER ENTITIES control are not reimbursable.
9. Itinerary/Reservation of Right to Change/Cancellation by CARRIER Prior to the Sailing Date:
A) CARRIER reserves the right, prior to the Sailing Date, to change any part of the Cruise provided that where such change is not material, CARRIER shall notify the Guest in advance and in writing of the change.
B) Where CARRIER, prior to the Sailing Date, is required to change the Cruise in any material respect, CARRIER shall notify the Guest without undue delay and in writing:
i. The proposed changes and, if applicable, their impact on the Cruise Fare;
ii. Where possible, the details of any substitute cruises as well as its/their price which the Guest can choose in lieu of the Cruise (as altered);
iii. That the Guest has the option to terminate the Cruise Contract without incurring the cancellation fee established in paragraph 6 above, or accept the changes to the Cruise (subject to a price reduction, where applicable) or, where applicable to opt for a substitute cruise;
iv. The time within which the Guest is to communicate his/her decision to CARRIER;
v. That failure to communicate his/her decision will be deemed an acceptance of the Cruise as changed subject to any price reduction if/where applicable.
C) The Guest, shall within the time-frame stipulated, communicate to CARRIER his/her decision whether to either (i) accept the proposed change to the Cruise; (ii) terminate the Cruise Contract; or (iii) accept a substitute cruise.
D) Where the Guest opts to terminate the Cruise Contract, without opting for a substitute cruise, he/she shall not be subject to the cancellation fee in paragraph 6 and shall be entitled to a full refund of any payments made up to the date of termination. On the other hand, where the Guest opts to accept the Cruise as altered and the alteration has an impact on the price or where the Guest accepts a substitute cruise of lower quality or cost, he/she shall be entitled to an appropriate price reduction.
E) CARRIER may cancel the Cruise and provide the Guest with a full refund of any payments made, but shall not be liable for additional compensation IF:
i. The minimum number of persons required for the Cruise of 250 persons is not achieved and the Guest is notified of same within twenty (20) days before the Sailing Date; or
ii. CARRIER is unable to provide the Cruise due to unavoidable and extraordinary circumstances (including Force Majeure defined in paragraph 30) and notifies the Guest without undue delay before the Sailing Date.
In the event of cancellation by CARRIER under this paragraph 9, the refund shall be paid to the Guest within fourteen (14) days from the termination of the Cruise Contract.
10. Lack of Conformity of the Cruise:
A) CARRIER may need to deviate from the scheduled ports of call, route and timetable; call or omit to call at any port or place or cancel or modify any activity on or off the Yacht; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property; or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten or lengthen the Cruise or substitute ships, aircraft or other transportation or lodging. Accordingly, Guests should not make any important arrangements or meetings based on the scheduled Cruise, which may change without liability to CARRIER ENTITIES. Furthermore, the Master of the Yacht as well as the operator of any other means of transportation may, in his/her sole discretion, take any action deemed necessary for the safety, security, comfort, or well-being of any person or to prevent damage to or loss of the Yacht.
B) If, as a result of a change contemplated in paragraph 9 (A) above, the Guest feels that the Cruise does not conform to this Cruise Contract in any material respect, the Guest shall inform CARRIER without undue delay during the Cruise and shall, where applicable, be entitled to the remedies available under Regulation 12 and 13 of the Package Travel Regulations, 2018. In particular, and without prejudice to the other provisions of the above-mentioned Regulation 12 and 13, CARRIER shall seek to remedy the lack of conformity unless it is either: (i) impossible to remedy the lack of conformity; or (ii) it entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. In the event that CARRIER fails to remedy the lack of conformity the Guest may claim a price reduction and/or compensation unless the lack of conformity is attributable to: (i) the Guest himself/herself; (ii) to a third party unconnected with the Cruise and is unforeseeable and unavoidable; or (iii) unavoidable and extraordinary circumstances including Force Majeure defined in paragraph 30.
11. Obligation to Provide Assistance:
Where it is not possible to ensure the Guest’s return in accordance with the Cruise itinerary as a result of unavoidable and extraordinary circumstances, or where the Guest is otherwise in difficulty, CARRIER will give appropriate assistance without undue delay, in particular by providing appropriate information on health services, local authorities and consular assistance and assisting with distance communications and helping the Guest find alternative travel arrangements. Provided that, where the Guest is in difficulty as a result of his/her fault or negligence, CARRIER shall be entitled to reimbursement of all costs incurred in providing such assistance.
12. Fitness to Travel/Health/Pregnancy/Guest Responsibility; Children and Minors/Disability:
A) The Guest represents and warrants that the Guest is physically, mentally and otherwise fit to travel; that Guest has received all medical inoculations necessary, and that he or she will at all times comply with the Yacht’s rules and regulations and orders and directions of the Yacht’s officers and medical staff; that his or her conduct will not impair the safety of the Yacht or inconvenience other Guests. CARRIER reserves the right to request a letter from Guest’s physician attesting to Guest’s fitness to travel, but by requesting such letter does not waive its right to disembark or refuse to embark Guest as set forth herein. If Guest is required to remain on board the Yacht or elsewhere, due to injury, illness, or disability, or due to action of any government or authority, or for any other reason 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 agent and other shoreside service providers, including Baggage shipping costs for Guest and those accompanying Guest.
B) CARRIER is unable to accommodate women who will enter their twenty-fourth (24th) week of pregnancy before or during the Cruise. Guests who will enter the twenty-fourth (24th) week of pregnancy by the last day of the Cruise may not book the Cruise or board the Yacht, 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 pregnancy. Guest acknowledges CARRIER’s Yachts do not have facilities or capability to deliver and care for new-born children.
C) Unwed, unrelated couples must be eighteen (18) or over to be booked in the same suite. CARRIER is unable to accommodate children under six (6) months of age and reserves the right to restrict the number of those under three (3) years of age on board the Yacht. Guests must notify CARRIER of any children between the ages of six (6) months and one year who will be sailing on board the Yacht. For voyages that have three or more consecutive days at sea, infants must be at least one year of age as of the first day of the voyage.
D) Minors under the age of eighteen (18) not traveling with a parent or legal guardian must be accompanied by an adult twenty-one (21) years of age or older (i.e., 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 CARRIER. The form must be signed by a parent or legal guardian and received at least 30 days prior to embarkation.
E) Each responsible adult, or parent of, an embarked minor under the age of 18, shall be liable jointly and severally to CARRIER ENTITIES and shall reimburse CARRIER ENTITIES for all loss, damage or cost sustained by CARRIER ENTITIES caused directly or indirectly, in whole or in part, by reason of any act or omission of the adult Guest 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 responsible adult’s charge. Further, the Guest and person appointed as 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 Guest or the Guest’s charge.
F) CARRIER requests that Guests with mobility, communication or other impairments, or other special or medical needs that may require medical care or special accommodations during the Cruise or any excursions, including but not limited to the use of any service animal, notify CARRIER of any such condition at the time of booking. CARRIER requires Guests who need assistance to be accompanied by someone who is able to assist them both ashore and at sea. Guests acknowledge and understand that certain international, foreign or local safety requirements, standards, and/or applicable regulations involving design, construction or operation of the Yacht, docks, gangways, anchorages or other facilities on or off the Yacht may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Some ports of call are anchorage ports, and physical conditions may preclude these Guests from going ashore. This decision must be made by the Master of the Yacht based on safety and is binding. Guests requiring a wheelchair or scooter must bring their own. Motorized scooters must not exceed twenty-two inches (22”) in width. CARRIER reserves the right to limit the number of scooters on board. Portable oxygen tanks and oxygen concentrators may be used on board, provided that CARRIER’s Special Services Department is notified at least thirty (30) days prior to the Sailing Date in writing at the address provided in paragraph 33 below. CARRIER has a limited number of accessible suites/cabins/rooms available on a “first-come, first-served” basis. CARRIER is obligated to investigate those individuals fraudulently requesting and using accessible suites/cabins/rooms.
G) CARRIER understands a service animal to be any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Many ports of call have strict entry requirements for animals, and you must ensure that your service animal complies with all requirements of each destination. CARRIER ENTITIES are not responsible for Guest’s inability to visit a port of call due to the Guest’s failure to comply with any such entry requirements. Animals that are not trained to do work or perform tasks are not considered to be service animals. Emotional support animals, which provide emotional support, well-being, comfort, or companionship to an individual with disabilities but are not trained to do work or perform tasks, are not considered to be service animals.
H) 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.
I) You must inform CARRIER prior to the Sailing Date of any medical equipment which you wish to bring on board so that CARRIER can determine if the equipment can be carried safely on board. The Yacht cannot carry liquid oxygen or refill or supply oxygen cylinders. Failure to notify CARRIER of such equipment may result in that equipment not being allowed on board the Yacht and consequently may affect your ability to participate in the Cruise. No more than two pieces of such medical equipment are allowed per suite and the value of such equipment must not exceed EUR 5,000 per suite in total, unless agreed otherwise in writing by CARRIER. In the event that any such equipment is lost or damaged by the negligence of CARRIER and/or its employees or agents, then CARRIER will be responsible for the replacement or, where applicable, repair of such equipment.
13. Safety, Security & Health:
CARRIER endeavours at all times to exercise reasonable care for Guests' comfort and safety on board its Yachts. CARRIER cannot guarantee freedom from any risks associated with war, terrorism, crime, health risks or other potential sources of harm. CARRIER reminds all Guests that they must ultimately assume responsibility for their activities while ashore and for their travel choices. We recommend that Guests check with the relevant foreign office travel advisory information updates for any safety related destination information before travelling. CARRIER recommends that Guests and their travel agents obtain and consider such information when making travel decisions.
The Guest, in the interests of international security and safety at sea and in the interests of the convenience of others, agrees and hereby consents to a reasonable search being made of the Guest's person, Baggage, Property, and suite, and to the removal and confiscation or destruction of any object which may, in the opinion of CARRIER or the Master, impair safety, cause inconvenience, annoyance or nuisance to others, or violate CARRIER’s rules and regulations.
Guest understands and agrees that Guests must be at least eighteen (18) years old to be served wine and beer, and at least twenty-one (21) years old to be served alcoholic beverages other than wine and beer. When docked or anchored in U.S. ports, or within the U.S. territorial sea, Guests must be at least twenty-one (21) years old to be served any alcoholic beverage. 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 ENTITIES reserve the right to prohibit and retain all liquor brought on board the Yacht.
Guests shall observe the non-smoking areas on board the Yacht. Indoor smoking, including e-cigarettes is permitted only in the Connoisseur Club smoking lounge. Smoking is prohibited in all other areas of the Yacht including all other public rooms, lounges, corridors and restaurants, as well as all suites/cabins/rooms and verandas. If smoke is detected in a suite, a cleaning fee of EUR 1,000 per occurrence will be billed to Guest's account. Outdoor smoking is strictly prohibited on board the Yacht. Fines will be charged for violations in accordance with this policy. For serious violations of the non-smoking policy, more stringent consequences, including disembarkation without refund, may be ordered by the Master.
The 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 Yacht by virtue of an act (to include a negligent act), or violation of law, by the Guest.
The Guest agrees that he or she shall not solicit for commercial purposes Guests or others on board the Yacht or advertise goods or services on board the Yacht without the prior written permission of CARRIER. Solicitation by vendors of goods and services, including, but not limited to, solicitation by travel agents, is strictly forbidden.
18. Right to Refuse Booking and Passage, Cancel Reservation; Confine Guest to Suite or Disembark Guest:
A) CARRIER ENTITIES reserve the right to refuse booking or passage to any person or to cancel Guest’s existing reservation for any reason. Any person(s) refused booking or passage in advance of the scheduled Cruise by CARRIER will be given a refund of their Cruise Fare unless such refusal is due to the action or inaction of Guest.
B) CARRIER ENTITIES, without any liability, including liability for refund, payment, compensation or credit, except as provided herein, may disembark or refuse to embark Guest because of the action or inaction of Guest, confine Guest in a suite, quarantine Guest, restrain Guest, change Guest’s accommodations or disembark Guest at any time if, in the sole opinion of CARRIER ENTITIES, the Master of the Yacht or any physician, the Guest or any minor or other person in Guest’s care during the Cruise are unfit for any reason for the Cruise, or Guest’s presence might be detrimental to Guest’s health, comfort or safety or that of any other person, or in the judgment of the Master of the Yacht is advisable for any reason. The Master of the Yacht has the right in his sole discretion to make decisions in this regard for the safety and security of the Yacht and the health, safety, security and comfort of those on board.
C) If the Guest is refused passage or leaves the Yacht prior to the end of the Cruise for any of the reasons described in this paragraph 18 or for other reasons including, but not limited to, personal, medical, or business reasons, CARRIER ENTITIES will not be liable or required to refund any portion of the Cruise Fare, or to be responsible for any payment, compensation or credit of any kind or for any of the Guest’s costs. Guest will be responsible for any fines (including but not limited to any governmental fines), costs, fees, or damages for leaving the Yacht prior to the end of the Cruise.
D) CARRIER ENTITIES and the Master of the Yacht each reserves the right, without liability whatsoever, to refuse passage, disembark, quarantine, restrain or confine to a suite or any other area of the Yacht any Guest whose physical or mental condition, or behaviour, or the physical or mental condition or behaviour of any person in the care of Guest, is considered in the sole opinion of the Master and/or the Yacht’s physician to constitute a risk to the Guest’s own well-being or that of any other Guest, crew member or person, or to the safety of the Yacht. CARRIER ENTITIES may refuse to transport or may disembark at any port any Guest with a criminal background or any Guest who may be suffering from contagious or infectious disease, ill health or whose presence in the opinion of the Master may be detrimental to the comfort or safety of any other Guest, crew member or person, or who, in the opinion of the Master of the Yacht, might be excluded from landing at destination by Immigration or other Governmental Authorities. If any Guest is detained on board or elsewhere at any stage or at destination because of quarantine, port regulations, prevailing applicable law, illness or other cause, all expenses incurred in connection with such detention shall be for Guest's account. Any Guest carried beyond his or her scheduled port of disembarkation for any reason without fault of CARRIER shall pay for any additional maintenance or extra transportation. In any and all cases described in this paragraph 18, the Guest shall not be entitled to any refund of fare, credit or compensation whatsoever.
E) The provisions of EU Regulation 1177/2010 on Passenger Rights when Travelling by Sea and Inland Waterways will apply where the port of embarkation is in the EU (please refer to paragraph 12 above). Where the Guest has failed to give prior notice of their specific needs in accordance with paragraph 12 (H) above, CARRIER reserves the right to refuse your carriage.
19. INDEPENDENT CONTRACTORS/TRAVEL AGENTS/SHORE TOURS/LIMIT OF LIABILITY:
A) ALL ARRANGEMENTS MADE, AFTER THE CRUISE HAS BEEN BOOKED WITH CARRIER, FOR OR BY GUESTS FOR (1) TRANSPORTATION OR TRAVEL (BY AIR, WATER OR ON THE GROUND), (2) SHORE EXCURSIONS AND ACTIVITIES, (3) TOURS, (4) HOTELS, (5) RESTAURANTS NOT ON BOARD THE YACHT, OR (6) OTHER SIMILAR ACTIVITIES OR 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. IN SUCH CIRCUMSTANCES THE CONTRACT FOR THESE SERVICES WILL BE BETWEEN GUEST AND THE INDEPENDENT CONTRACTORS. THE IDENTITY OF THE INDEPENDENT CONTRACTORS ARE AVAILABLE UPON REQUEST FROM CARRIER.
CARRIER ENTITIES DO NOT OWN OR CONTROL ANY SUCH INDEPENDENT CONTRACTORS, MAKE NO REPRESENTATION OF ANY KIND AS TO THEIR PERFORMANCE AND DO NOT UNDERTAKE TO SUPERVISE THEIR ACTIVITIES, EVEN THOUGH CARRIER ENTITIES MAY COLLECT A FEE AND EARN A PROFIT FROM ARRANGING FOR OR TICKETING AND SALE OF SUCH SERVICES.
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 USING SUCH SERVICES OR ACTIVITIES SHALL BE DEEMED TO AGREE AND CONSENT THAT ANY LIABILITY FOR DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY TO THE 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, AND HOLD HARMLESS CARRIER ENTITIES, CARRIER ENTITIES’ AFFILIATES, AND CARRIER’S SUPPLIERS 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 RESULTING FROM THE USE OF ANY SUCH SERVICES OR ACTIVITIES.
GUEST AGREES CARRIER ENTITIES’, CARRIER ENTITIES’ AFFILIATES, AND CARRIER’S SUPPLIERS SHALL NOT BE OR BECOME LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY ACT OR OMISSION OF ANY SUCH 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 CRUISE CONTRACT 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, INCLUDING BUT NOT LIMITED TO SHOPS, PHOTOGRAPHY, INTERNET ACCESS, LECTURERS, WIRELESS ACCESS, ART AUCTIONS OR INSTRUCTIONAL CONCESSIONS ON BOARD THE YACHT, ARE INDEPENDENT CONTRACTORS AND WORK DIRECTLY FOR THE GUEST WHEN PERFORMING THEIR SERVICES. CARRIER ENTITIES ARE NOT RESPONSIBLE FOR ANY SUCH PERSONS’ ACTS OR OMISSIONS IN PROVIDING GOODS OR SERVICES TO THE GUEST.
B) THE INDEPENDENT CONTRACTORS SHALL BE ENTITLED TO CHARGE FOR ANY PRODUCTS SOLD, SERVICES RENDERED OR TRANSPORTATION PROVIDED TO THE 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 PROFIT. 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. SEPARATE CANCELLATION POLICY APPLIES FOR AIR, HOTEL AND LAND PROGRAMS.
C) THE GUEST AGREES THAT ALL PROTECTIONS, BENEFITS, DEFENSES, AND EXCLUSIONS FROM AND LIMITATIONS OF LIABILITY IN FAVOR OF CARRIER SET FORTH IN THIS CRUISE 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 THE GUEST IN RESPECT OF ANY OCCURRENCE ASHORE, PRIOR TO EMBARKING OR AFTER DISEMBARKING THE YACHT, EXCEPT FOR NEGLIGENCE OF CARRIER OR ITS EMPLOYEES ACTING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT DURING TRANSPORTATION BY WATER TO OR FROM THE YACHT WHICH IS CARRIED OUT BY MEANS OF A CONVEYANCE PROVIDED BY CARRIER.
E) CARRIER WILL ARRANGE AIR TRANSPORTATION WITH AN AIRLINE UPON A GUEST’S REQUEST AS A SEPARATE SERVICE. 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 DUE TO ANY CAUSE BEYOND CARRIER’S CONTROL, CARRIER IS UNABLE TO ARRANGE FOR AIR TRAVEL OR THE AIR TRAVEL ARRANGED BY CARRIER IS UNAVAILABLE OR OTHERWISE FAILS TO MATERIALIZE, CARRIER’S LIABILITY AND THE LIABILITY OF CARRIER ENTITIES WILL BE LIMITED TO REFUNDING THE OPTIONAL AIR ADD-ON AMOUNT PAID TO CARRIER 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 ARRANGING TRANSPORTATION, CARRIER ACTS SOLELY FOR THE CONVENIENCE OF THE GUEST AND NOT AS AGENT OR PRINCIPAL FOR THE AIRLINE. THE LIABILITIES AND OBLIGATIONS OF AN AIRLINE TO THE GUEST AND THE 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 ARE NOT LIABLE IN ANY WAY FOR LOSS, DAMAGE, INJURY, ILLNESS OR DEATH ARISING IN CONJUNCTION WITH THE SERVICES PROVIDED BY THESE INDEPENDENT CONTRACTORS. PLEASE NOTE - UNDER EU LAW (REGULATION 261/2004) YOU HAVE RIGHTS IN SOME CIRCUMSTANCES TO REFUNDS AND/OR COMPENSATION FROM YOUR AIRLINE IN CASES OF DENIED BOARDING, A CANCELLATION, OR DELAY TO FLIGHTS. FULL DETAILS OF THESE RIGHTS WILL BE PUBLICISED AT EU AIRPORTS AND WILL ALSO BE AVAILABLE FROM AIRLINES. HOWEVER, REIMBURSEMENT IN SUCH CASES IS THE RESPONSIBILITY OF THE AIRLINE AND WILL NOT AUTOMATICALLY ENTITLE YOU TO A REFUND OF YOUR HOLIDAY COST FROM US.
F) 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.
G) Guest may have the option, subject to local weather conditions as well as the law and regulations of each port of call, to utilize CARRIER’s furnished equipment and to participate in the various sports and recreational activities off, under, around, about, and in the environs of the Yacht and all locations visited during the Cruise. These activities include but are not limited to kayaking, sailing, water skiing, snorkelling, and swimming (collectively “Sports Activities”). Guest acknowledges that: (1) there are risks and dangers involved with his or her participation in Sports Activities that can result in serious injury or death; (2) CARRIER ENTITIES can in no way guarantee the safety or welfare of Guest in any Sports Activities and CARRIER is merely providing sport equipment and sport instruction to enhance Guests enjoyment; (3) Guest shall knowingly and voluntarily assume the risk of and shall release, defend, hold harmless, and indemnify 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; (4) Guest shall acquire the training necessary to participate in Sports Activities and shall follow the rules and procedures maintained by CARRIER; and (5) CARRIER ENTITIES shall accept no responsibility for Guest’s failure to abide by the Yacht’s rules and restrictions, governmental rules, regulations and restrictions concerning Sports Activities.
20. NON-LIABILITY FOR MEDICAL TREATMENT:
A) THE 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 YACHT ARE PROVIDED AS INDEPENDENT CONTRACTORS SOLELY FOR THE CONVENIENCE OF THE GUEST AND THEY ARE NOT EMPLOYEES, AGENTS, OR REPRESENTATIVES OF CARRIER OR CARRIER ENTITIES. NEITHER CARRIER NOR CARRIER ENTITIES CONTROL THE MEDICAL SERVICES AND DO NOT UNDERTAKE TO SUPERVISE ANY CARE OR TREATMENT PROVIDED BY MEDICAL PROFESSIONALS ON BOARD THE YACHT. ALTHOUGH CARRIER SHALL BE ENTITLED TO CHARGE A FEE FOR ARRANGING SUCH SERVICES, ALL SUCH PERSONS OR ENTITIES PROVIDING MEDICAL SERVICES SHALL BE DEEMED INDEPENDENT CONTRACTORS AND NOT ACTING AS AGENTS OR REPRESENTATIVES OF CARRIER OR CARRIER ENTITIES. NEITHER CARRIER NOR CARRIER ENTITIES MAKE ANY WARRANTY AS TO THE QUALITY OF MEDICAL SERVICES. NEITHER CARRIER NOR CARRIER ENTITIES SHALL BE LIABLE FOR ANY DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY CAUSED BY REASON OF ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE PROVIDED BY SUCH MEDICAL PERSONNEL, OR, BY THE FAILURE OF SUCH MEDICAL PERSONNEL TO PROVIDE ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE.
B) The Guest hereby consents to treatment by the Yacht’s physician or other medical personnel, if any, or by a physician designated by CARRIER, if subsequent to embarkation the Guest is unable to request or authorize such treatment and in the opinion of the Yacht’s physician, or any Yacht officer in the physician’s absence, needs medical attention.
C) The Guest shall be charged for medical services and for medications and supplies used for his or her medical treatment. The Guest shall also be responsible for the payment of any medical expenses and other expenses in connection with medical disembark and medical conditions incurred ashore.
21. TIME LIMITS AND NOTICE REQUIREMENTS FOR CLAIMS:
THE FOLLOWING TIME LIMITS WILL APPLY TO INTERNATIONAL CARRIAGE IN ACCORDANCE WITH THE ATHENS CONVENTION 2002/EU REGULATION 392/2009:
A) ANY PERSONAL INJURY, ILLNESS AND/OR DEATH SUSTAINED DURING THE CRUISE MUST BE NOTIFIED IN WRITING IMMEDIATELY TO THE YACHT’S RECEPTION. THEREAFTER, CLAIMS MAY ONLY BE INSTIGATED AND CARRIER’S LIABILITY SHALL ONLY BE DETERMINED TO THE EXTENT PROVIDED BY LAW.
CLAIMS AGAINST CARRIER ENTITIES FOR PERSONAL INJURY, ILLNESS AND/OR DEATH OF THE GUEST (“CLAIM EVENT(S)”) BROUGHT UNDER THE ATHENS CONVENTION 2002 AND EU REGULATION 392/2009 MUST BE NOTIFIED TO CARRIER AT THE ADDRESS PROVIDED IN PARAGRAPH 33 BELOW WITHIN TWENTY-EIGHT (28) DAYS OF THE GUEST’S DISEMBARKATION. THEREAFTER, A CLAIM MUST BE INSTIGATED WITHIN TWO (2) YEARS OF THE DATE OF DISEMBARKATION OR, IN THE CASE OF DEATH, FROM WHEN THE DISEMBARKATION WOULD HAVE OCCURRED.
B) ANY PROPERTY LOSS OR DAMAGE SUSTAINED DURING THE CRUISE MUST BE NOTIFIED IN WRITING TO THE YACHT’S RECEPTION BEFORE THE GUEST’S FINAL DISEMBARKATION. NO CLAIM SHALL BE BROUGHT AGAINST CARRIER ENTITIES FOR LOSS OF OR DAMAGE TO ANY PROPERTY UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, IS DELIVERED TO CARRIER AT THE ADDRESS PROVIDED IN PARAGRAPH 33 BELOW WITHIN FIFTEEN (15) DAYS OF THE GUEST’S DISEMBARKATION. IN NO EVENT SHALL ANY CLAIM FOR LOSS OF OR DAMAGE TO PROPERTY BE INSTIGATED AGAINST CARRIER UNLESS IT IS COMMENCED WITHIN TWO (2) YEARS OF THE DATE OF THE GUEST’S DISEMBARKATION.
C) GUESTS EMBARKING A CRUISE IN A EUROPEAN MEMBER STATE PORT ARE ALSO AFFORDED RIGHTS UNDER EU REGULATION 1177/2010, THE TEXT OF WHICH IS AVAILABLE AT http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32010R1177. COMPLAINTS ARISING OUT THE OBLIGATIONS IMPOSED ON CARRIER UNDER EU REGULATION 1177/2010, SHALL BE MADE TO CARRIER IN WRITING WITHIN TWO (2) MONTHS FROM THE DATE THE SERVICE WAS OR SHOULD HAVE BEEN PERFORMED. WITHIN ONE (1) MONTH AFTER RECEIPT OF THE COMPLAINT CARRIER WILL RESPOND INFORMING THE GUEST WHETHER THE COMPLAINT HAS BEEN SUBSTANTIATED, REJECTED OR IS STILL BEING CONSIDERED. CARRIER WILL PROVIDE A FINAL RESPONSE TO THE COMPLAINT NO LATER THAN TWO (2) MONTHS AFTER THE RECEIPT OF THE COMPLAINT.
22. LIABILITY LIMITATION FOR LOSS OF LIFE OR INJURY:
International carriage of Baggage on the Cruise shall be governed by the Athens Convention 2002 and EU Regulation 392/2009, which may be found at http://www.transportrecht.org/dokumente/AthenProt2002e.pdf and http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:002…. Domestic carriage by sea or use of the ship as a floating hotel shall be governed by the 2014 Order which applies the Athens Convention 1974 limits. A copy of the Athens Convention 1974 may be viewed at: http://www.admiraltylawguide.com/conven/passengers1974.html. EU Regulation 392/2009 applies to domestic carriage by sea in EU Member States.
Any liability of CARRIER for death or personal injury or for loss of or damage to Baggage or Property arising out of carriage by sea shall be solely brought and determined in accordance with the Athens Convention 2002, EU Regulation 392/2009 or, where applicable, the 2014 Order.
Where the Cruise involves domestic carriage by sea or the ship is being used as a floating hotel the aggregate liability of CARRIER ENTITIES for the death of or personal injury to a Guest shall in no event exceed the monetary limitations of 46,666 SDRs as set forth in the Athens Convention 1974. From 30 December 2016 this increased for domestic seagoing carriage to 400,000 SDRs. The maximum liability for international sea going cruises is 400,000 SDRs per passenger per incident or 250,000 SDRs.in the case of War and Terrorism pursuant to EU Regulation 392/2009 and the Athens Convention 2002.
CARRIER’s liability to you for loss of or damage to Property (save for medical and mobility equipment, which is covered in paragraph 12 is limited to 833 SDRs under the Athens Convention 1974 and the 2014 Order and 2,250 SDRs, under the Athens Convention 2002 and EU Regulation 392/2009 (which is subject to a deductible of 149 SDRs per passenger).
A) IN THE EVENT THE GUEST IS ABLE TO STATE A CAUSE OF ACTION UNDER THE LAW GOVERNING ANY CLAIM WHICH MAY BE ASSERTED AGAINST CARRIER ENTITIES AND/OR THE YACHT FOR NEGLIGENCE OR INTENTIONAL TORT OR BOTH, CARRIER ENTITIES AND THE YACHT SHALL NOT BE LIABLE FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF THE GUEST, OF ANY KIND UNDER ANY CIRCUMSTANCES, UNLESS SUCH EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WAS:
(1) THE RESULT OF PHYSICAL INJURY TO THE GUEST CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL;
(2) THE RESULT OF THE GUEST HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, AND SUCH RISK WAS CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL; OR
(3) INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL.
B) ON CRUISES WHICH DO NOT EMBARK, DISEMBARK OR CALL AT ANY UNITED STATES PORT AND DO NOT EMBARK OR DISEMBARK AT ANY EUROPEAN UNION MEMBER STATE PORT, CARRIER SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN THE “ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1974”, AS WELL AS THE “PROTOCOL TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1976”, (“ATHENS CONVENTION”) WHICH LIMITS CARRIER’S LIABILITY FOR DEATH OR PERSONAL INJURY OF A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS (“SDR”) AND LIMITS CARRIER’S LIABILITY FOR A PASSENGER’S BAGGAGE OR PROPERTY TO 833 SDRS PER PASSENGER. THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ON THE INTERNET AT http://www.imf.org/external/np/fin/data/rms_sdrv.aspx.
23. CHOICE OF LAW/LIMITATION OF LIABILITY:
EXCEPT WHERE THE JURSIDICTIONAL PROVISIONS OF THE ATHENS CONVENTION 1974, 2002 AND EU REGULATION 392/2009 APPLY, ALL OTHER DISPUTES ARISING OUT OF THIS AGREEMENT/CRUISE WILL BE CONSTRUED, AND DISPUTES RESOLVED, IN ACCORDANCE WITH THE LAWS OF MALTA WHERE THE GUEST AND CARRIER AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE MALTESE COURTS. IN ADDITION TO THE LIMITATIONS OF LIABILITY EXPRESSLY PROVIDED IN THIS CRUISE CONTRACT, CARRIER ENTITIES SHALL BE ENTITLED TO THE MAXIMUM PROTECTION ALLOWED BY LAW, INCLUDING ANY STATUTORY PROTECTION AS TO THE AMOUNT OF DAMAGES RECOVERABLE. IN NO EVENT, HOWEVER, WILL CARRIER ENTITIES BE LIABLE FOR ANY DAMAGE, LOSS, INJURY OR DEATH NOT CAUSED BY THE NEGLIGENCE OF CARRIER.
24. Financial Protection of Your Cruise
CARRIER provides full financial protection for all cruises sold to Guests. This financial protection provides financial security for all of the services included with your cruise booking. It ensures that you are refunded for any part of the cruise not provided and repatriated in the unlikely event of CARRIER’s insolvency. Unless you booked additional travel services with CARRIER when you booked your cruise, the insolvency protection will be limited to the items listed in paragraph 3 above. However, if at the time of booking your cruise, you requested additional travel services to be included, these will also be financially protected.
CARRIER’s financial protection is provided through Malta’s Insolvency Fund Managing Board.
25. FORUM; CLAIMS SUBJECT TO BINDING ARBITRATION:
A) THE GUEST SHALL REFER ANY COMPLAINT TO CARRIER AND THE PARTIES SHALL NEGOTIATE IN GOOD FAITH TO RESOLVE THE MATTER AMICABLY. PROVIDED THAT, IF THE PARTIES FAIL TO REACH A SETTLEMENT WITHIN THIRTY (30) DAYS FROM THE REFERRAL OF THE COMPLAINT, THE GUEST (NOT BEING A CORPORATE ENTITY) SHALL BE ENTITLED TO REFER THE MATTER TO THE COMPLAINT AND CONCILIATION DIRECTORATE OF THE MALTA CONSUMER AND COMPETITION AFFAIRS AUTHORITY FOR ALTERNATIVE DISPUTE RESOLUTION (DETAILS IN THE GUEST CONFIRMATION). IF AN AMICABLE SOLUTION CANNOT BE REACHED, THE GUEST CAN THEN REFER THE MATTER TO ARBITRATION IN ACCORDANCE WITH THE FOLLOWING PROVISIONS.
B) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH, TERMINATION OR INVALIDITY THEREOF, SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH PART IV (DOMESTIC ARBITRATION) OF THE MALTA ARBITRATION ACT, 1996 AND THE ARBITRATION RULES OF THE MALTA ARBITRATION CENTRE AS AT PRESENT IN FORCE.
I. THE APPOINTING AUTHORITY SHALL BE THE MALTA ARBITRATION CENTRE;
II. THE NUMBER OF ARBITRATORS SHALL BE THREE;
III. THE PLACE OF ARBITRATION SHALL BE MALTA;
IV. THE LANGUAGE(S) TO BE USED IN THE PROCEEDINGS SHALL BE ENGLISH;
V. THE APPLICABLE SUBSTANTIVE LAW SHALL BE MALTESE LAW;
VI. THE AWARD SHALL BE FINAL AND BINDING AND THERE SHALL BE NO APPEAL;
C) FORUM AND JURISDICTION: EXCEPT AS OTHERWISE PROVIDED FOR CLAIMS SUBJECT TO ARBITRATION, GUEST AND CARRIER ENTITIES AGREE IRREVOCABLY THAT ANY DISPUTE WHATSOEVER ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR INCIDENT TO THIS AGREEMENT OR GUEST'S CRUISE INCLUDING ANY CLAIM FOR PERSONAL INJURY, ILLNESS OR DEATH, SHALL BE LITIGATED, IF AT ALL, BEFORE THE COURTS OF MALTA.
26. 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 YACHT AND (B) THE FITNESS, CONDITION OR MERCHANTABILITY OF ANY FOOD OR DRINK PROVIDED ON BOARD THE YACHT. 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 YACHT. CARRIER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES.
27. Payments by the Guest and Extra Expenses:
Any and all payments by the Guest to CARRIER shall be made in currency of the United States of America, United Kingdom, the countries of the euro area, or other currency acceptable to CARRIER. All charges for services and products provided on board the Yacht must be settled by a credit card acceptable to CARRIER before the Guest’s final disembarkation from the Yacht. Any other expenses incurred by the Guest or by CARRIER ENTITIES on behalf of the Guest shall be payable by the Guest on demand.
28. No General Average:
Guests shall neither pay nor receive any general average contribution with respect to any property.
29. Use and Display of Likeness; Personal Data; Privacy Notice; Public Wireless Services.
A) Personal Data includes Guest’s name, street or email address, date of birth, passport, payment information, and/or telephone numbers, photograph or other information which would identify Guest personally (“Personal Data”). Personal Data is collected and processed by CARRIER for the purpose of performing the Cruise Contract. Certain sensitive data such as health information relating to the Cruise may also be collected in accordance with applicable law. We also process CCTV footage of the Yacht for safety and security reasons. We also process your Personal Data on the basis of consent if you have agreed to receive our marketing material and/or if you have agreed to the use of your photos, films or recordings for our promotional materials in paragraph 29 (E) below.
B) CARRIER will collect, use and share Personal Data with licensors, service providers and strategic business partners, including Marriott Group as defined below in paragraph 29 (F), in accordance with its Global Privacy Statement at www.ritzcarltonyachtcollection.com. Personal Data will be transferred to the U.S. to entities certified under the Privacy Shield.
C) You may at any time withdraw your consent to receiving our marketing material by sending an email to [email protected]. Furthermore, you may at any time request access, correction or deletion of your Personal Data collected by CARRIER or object to the use or processing of your Personal Data by emailing [email protected]. You can also lodge a complaint with a data protection authority at any time.
D) Your Personal Data is retained until the Cruise is completed and for a period of two (2) years thereafter in order for us to be able to establish, exercise or defend a claim. In the event that any incident occurs during the Cruise we may retain your Personal Data for such longer period to establish, exercise or defend a claim in respect of such incident. Furthermore, the Cruise Contract and records of your bookings and payments will be retained for a period of ten (10) years from the date of each such booking or payment in order to comply with VAT, tax and accounting compliance requirements. Note that, if you have also subscribed to our marketing material containing information regarding our cruises and offers, your Personal Data will be retained for as long as you are subscribed. Any CCTV footage is deleted after seven (7) days unless an incident occurs on the Yacht, in which case said footage is retained for as long as necessary to establish, exercise or defend a claim in respect of such incident.
E) CARRIER may photograph, film and/or record Guest and/or Guest’s charge and may share these photos, films or recordings on its brochures, its website and on various social media platforms for promotional purposes. Guest agrees he or she will not be compensated for such use, and all rights, title and interest therein (including all worldwide copyrights therein) shall be CARRIER ENTITIES’ sole property, free from any claims by Guest or any person deriving any rights or interest from Guest. Guest expressly agrees not to use any photograph, video recording or other visual or audio portrayals of Guest and/or any other Guest in combination with crew or the Yacht, or depicting the Yacht, its design or equipment or any part thereof whatsoever for any commercial purpose or in any media broadcast or for any other non-private use, without the express written consent of CARRIER.
F) If you subscribed to receiving any marketing material from Marriott International, Inc. and its affiliates, including Hotel Services Operator (“Marriott Group”), your Personal Data was shared with them and they will contact you directly in relation to their services and offers. The processing of your Personal Data by Marriott Group shall be governed by Marriott Group’s Global Privacy Statement, available at www.marriott.com, and as agreed to between the relevant parties. You may at any time request access, correction or deletion of your Personal Data collected by Marriott Group, or object to the use or processing of your Personal Data by emailing [email protected] or writing to: Global Compliance, Privacy, 10400 Fernwood Road, Bethesda, MD, 20817, United States of America. You can also lodge a complaint with a data protection authority at any time.
G) Marriott Group entities and each of CARRIER ENTITIES are each independently responsible for Personal Data.
H) CARRIER may, but is not required to, make wireless internet or telephone access ("Wireless Services") available as a convenience; CARRIER ENTITIES accept no responsibility for interruptions in its service. Guest agrees to use Wireless Services at Guest’s own risk; CARRIER ENTITIES shall not be liable in any manner for resulting claims (including without limitation lack of privacy), losses or damages. Using Wireless Services is public; information sent or received is not guaranteed to be private. Guest’s Personal Data may be available to third parties. By using Wireless Services Guest agrees CARRIER ENTITIES may monitor, record, intercept and disclose any transmissions and may provide to third parties all information relating to all Wireless Services (e.g., billing, account, or use records), in its sole discretion or as required by law. Guest agrees to comply with CARRIER ENTITIES’ terms and conditions of Wireless Services.
30. Force Majeure:
CARRIER ENTITIES shall not be liable in any way to the Guest for death, injury, illness, damage, delay or other loss or detriment to person or property or for CARRIER ENTITIES’ failure to commence, perform and/or complete any duty owed to the Guest if such death, injury, illness, damage, delay or other loss or detriment to person or property is caused by acts of god, hostilities, blockades, war, piracy, acts or threats of terrorism, civil commotions, riots, insurrection, political disturbance, labour difficulties (whether or not CARRIER is a party thereto), collision, docking difficulties, search and rescue, medical disembarkation of crew or Guests, customs or immigration restrictions, arrest, order, restraint or requisition of the Yacht by governmental authorities or others, weather conditions, safe navigation of the Yacht (of which the Master of the Yacht will be the sole judge), stranding or foundering of the Yacht, inability to secure or failure of supplies including but limited to fuel, or any other cause whatsoever beyond the control of CARRIER ENTITIES.
Should any provision of the Cruise Contract be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision shall be deemed to be severed from the Cruise Contract and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of the Cruise Contract are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and vice versa. The Terms and Conditions contained in The Ritz-Carlton Yacht Collection website (www.ritzcarltonyachtcollection.com) in effect as of the Sailing Date of the Cruise to which this Cruise Contract relates are hereby incorporated by reference into this Cruise Contract. In the event of conflict between the provisions of this Cruise Contract, the Terms and Conditions contained in the Ritz-Carlton Yacht Collection website, the terms of any Ritz-Carlton Yacht Collection advertisement or offer, and the oral representations of any Ritz-Carlton Yacht Collection representative, the provisions of this Cruise Contract shall control.
32. No Pets Allowed:
No pets or animals are permitted on board the Yacht, except for service animals. See paragraph 12.
33. Written Notices:
Except as otherwise expressly provided in this Contract, all written notices required by the Contract must be mailed, postage prepaid, to:
Cruise Yacht OpCo Ltd
d.b.a. The Ritz-Carlton Yacht Collection
Vault 14, Level 2