Terms & Conditions
IMPORTANT NOTICE: Guests are advised to carefully read the
terms and conditions of the Guest Ticket Contract set forth below which affect
your legal rights and are binding. Acceptance or use of this Contract shall
constitute the agreement of Guest to these Terms and Conditions.
1. Definitions: This Contract is between the Carrier and the
Guest. The word "Carrier" means NCL (Bahamas) Ltd. d/b/a NCL and/or NCL America,
its subsidiaries, affiliates, agents, assigns, as well as the named vessel or
substitute vessel, including its master and crew. The "Guest" is each person
whose name appears on the face of this ticket and/or who uses the ticket for
passage on the voyage described in the ticket, and includes any accompanying
minors, and any of their heirs, successors, assigns or representatives.
2. The Contract: The Guest agrees that this Contract governs
the relationship between the Guest and the Carrier, regardless of the Guest's
age, whether the Guest purchased the ticket on his or her own behalf, and/or
whether the ticket has been held and/or presented by another person on behalf of
the Guest. The Guest agrees that this Contract constitutes the entire agreement
between the Guest and Carrier, to the exclusion of any prior representations
that may have been made in relation to the cruise to the Guest or anyone
representing him/her by anyone, including but not limited to in the Carrier's
brochures, advertisements, and other promotional materials, or by third persons
such as travel agents. No person other than the person(s) named in the Ticket
Contract can use the Ticket Contract without the express written agreement of
the Carrier. This Contract is only valid for the cruise specified in the
accompanying ticket. The Guest acquiesces to the terms herein upon payment or,
at the latest, upon presenting this Contract to the Carrier for boarding. The
rights, defenses, immunities and limitations of liability set forth herein shall
inure to the benefit of the Carrier and all concessionaires, independent
contractors or other service providers; and affiliated or related companies,
parents, subsidiaries, successors, assigns or fictitiously named entities; all
suppliers, shipbuilders, component part manufacturers; and its or their owners,
operators, managers, charterers, agents, pilots, officers, crew and
employees.
3. Terms of Fare: The fare paid by the Guest for this ticket
includes transportation on the vessel named herein, full board, and ordinary
ship’s food, but does not include beer, wine, spirits, sodas or mineral waters,
nor charges for other incidental or personal services. The fare does not include
taxes and fees imposed by governmental or quasi-governmental authorities. If
governmental or quasi-governmental action results in any element of such taxes
and fees exceeding the estimates used by Carrier for purposes of computing the
quoted amount, Carrier reserves the right to pass through the extra amount. The
Guest agrees that the Carrier shall not be liable to make any refund to the
Guest for tickets that are wholly or partially unused by the Guest except as
otherwise expressly stated in this Contract, any law or government regulation to
the contrary notwithstanding. Refunds shall be made as specified herein and in
the cancellation policy section of the Terms and Conditions of the cruise
brochure, which policy is incorporated herein by reference.
4. Carrier's Rules and Regulations.
(a) Guest's Agreement: The Guest agrees to abide by the
rules of the Carrier, including, but not limited to, the rules and regulations
particularly set forth below, and to follow the lawful instructions of the
vessel’s officers and crew, at all times. The Guest accepts that failure to do
so constitutes a material breach of this Contract which may subject the Guest,
as well as any accompanying Guest(s), to involuntary disembarkation without
liability to the Carrier for any refund or any other related loss or expense to
the Guest, and any accompanying Guest(s), whatsoever.
(b) Carrier's Right to Confine, or Refuse or Revoke Passage:
The Guest recognizes and agrees that the Carrier reserves the right, without
incurring liability of any kind, to refuse or revoke passage to, or confine to a
stateroom, any Guest who, in the Carrier's sole judgment, may be refused
admission into a port of landing or into the country of destination, or may be
suffering from a contagious disease, or for any other cause may endanger
themselves or others, or become obnoxious to others. Any Guest who is refused
passage or otherwise denied any advertised benefit or service under this
paragraph shall not be entitled to receive any compensation whatsoever and shall
become liable for any resulting expenses incurred by the Carrier. Guest
acknowledges that it is Carrier's policy that all guests must be onboard the
vessel one (1) hour prior to sailing at the port of embarkation and at all ports
of call and agrees that it is the Guest’s responsibility not to miss such final
boarding time. Any Guest who fails to board the vessel one (1) hour prior to
departure is at risk of being left at the port of embarkation or port of call.
In such event, Carrier shall have the right without notice to depart without the
Guest and Guest shall be fully responsible to pay for or indemnify the Carrier
from all expenses incurred to rejoin the ship at the next port or for his/her
own return passage, including, but not limited to, government fees or fines,
visa fees, subsistence, lodging, air fare, launch fare, car hire or agency fees.
In such event, Guest shall be entitled to no refund and shall be deemed to have
breached this ticket contract. Further, in such event, the entire fare shall be
deemed fully earned by Carrier and no portion thereof shall be recoverable by
Guest.
(c) Guests under 21: Any Guest under 21 years of age must be
accompanied by a Guest over age 21, in the same or an adjoining stateroom, who
expressly agrees to be responsible for the under-21 Guest throughout the cruise.
The Guest agrees that this responsibility includes, but is not limited to,
preventing the under-21 Guest from violating the ship's rules, including
preventing the under-21 Guest from purchasing and/or consuming alcohol and/or
gambling on board the vessel, except as set forth herein. Guests must be 21
years of age or older to purchase or consume alcohol, except that Guests 18
through 20 years of age are permitted to purchase and consume beer and wine
only, when in international waters, on voyages apart from Alaska and Hawaii, if
accompanied by one or more of their parents or a legal guardian who gives
written consent. Guests must be 18 years of age to engage in gambling on the
vessel.
(d) Minors: If the Guest is an adult accompanying a minor or
minors, and the adult Guest is not a spouse, parent, or legal guardian of the
minor(s), the adult Guest must present an original, notarized parental/guardian
consent letter authorizing the minor’s travel, and further authorizing medical
treatment in case of emergency, to a representative of the Carrier at the pier.
If the adult Guest is the spouse of a minor, the adult Guest must present a
certified copy of a valid marriage certificate to a representative of the
Carrier at the pier. Failure to present such documentation may result in
boarding being denied with no refund provided. When accompanying a minor or
minors on the vessel, the adult Guest agrees to be the agent of such minor(s)
for all purposes, to accept full responsibility for supervising such minor(s)
and to bear full responsibility for the actions of such minor(s). The adult
Guest further agrees that the Carrier is not liable for injury to minor(s) in
the adult Guest’s charge arising from the willful or negligent acts or omissions
of other Guests or persons who are otherwise not acting on behalf of the
Carrier. The adult Guest also agrees that under no circumstances will a minor be
left aboard the vessel, other than in the care of the ship’s Kids' Crew or
Teen's Crew programs, while the adult Guest responsible for the minor leaves the
vessel for any reason, and in such circumstance to indemnify and hold Carrier
harmless for any and all loss, injury, or death of the minor or any other person
involving the minor whatsoever.
(e) Forbidden Articles: The Guest agrees not to bring on
board the vessel, under any circumstances, any firearms or weapons of any kind,
ammunition, explosives, or other substances of a dangerous nature, nor animals
of any kind, except service or guide animals, provided that the Guest notifies
the Carrier, prior to the cruise, of the Guest’s intention to bring such animal
and agrees to accept full responsibility for any expense, damage, losses, or
injuries associated with or caused by such animal. The Guest further understands
and agrees that any alcoholic beverages purchased ashore shall not be brought or
consumed aboard the vessel under any circumstances, but shall be delivered to
the ship’s crew at the gangway to be retained by the Carrier until the Guest
disembarks at the end of the voyage. The Guest assumes all responsibility for
complying with any applicable customs or import laws relating to any such
purchase.
(f) No Soliciting: The Guest shall not solicit other Guests,
the Carrier's employees, personnel or agents during the voyage with respect to
any professional, commercial, or business activity, whether for profit or
otherwise, without the prior written consent of the Carrier.
(g) Special Medical Care; Fitness to Travel: The Guest
acknowledges that medical care while on a cruise ship may be limited or delayed
and that the ship may travel to destinations where medical care is unavailable.
Therefore, the Guest warrants that the Guest and those for whom the Guest is
responsible are fit to travel. Any condition of the Guest that may require
special attention or treatment of any kind must be reported to the Carrier when
a reservation is requested. A medical certificate certifying fitness for travel
may be required of any Guest at the Carrier's request. The Guest agrees not to
present herself for boarding under any circumstances if, by the time the Guest
will conclude her travel with the Carrier, she will have entered the 24th week
of pregnancy. The Guest further understands and agrees that no infants under the
age of six (6) months are permitted aboard the vessel. Guests with special needs
are advised that certain international safety requirements, shipbuilding
requirements, and/or applicable regulations may cause difficulty for
mobility-impaired persons or persons with severely impaired sight and/or
hearing. Guests requiring the use of a wheelchair must provide their own
junior/adult standard size wheelchair (22 1/2 inches wide), as any wheelchairs
available on the vessel are for emergency use only. The Carrier reserves the
right to refuse or revoke passage to anyone who fails to notify Carrier of any
physical or emotional condition which may require special assistance or
accommodation, or who is, in the sole judgment of the Carrier, as a result of
such condition, unfit for travel, or who may require care, treatment or
attention beyond that which the Carrier can provide. In such circumstances the
Carrier shall have no liability to the Guest whatsoever. Guests may not be able
to participate in certain activities or programs either aboard the vessel or
onshore at ports of call if to do so would create a risk of harm to themselves
or any other Guest.
(h) Liability of the Guest: The Guest shall be liable to and
shall reimburse Carrier for all damages to the vessel and its furnishings and
any equipment or property of the Carrier or any other Guest caused directly or
indirectly, in whole or in part, by any act or omission of the Guest or those
for whom the Guest is responsible, whether willful or negligent. The Guest shall
further indemnify the Carrier and each and all of their agents or servants
against all liability whatsoever arising from any personal injury, death or
damage or loss whatsoever caused directly or indirectly, in whole or in part, by
any willful or negligent act or omission on the part of the Guest or those for
whom the Guest is responsible.
5. Limitations and Disclaimers of Liability:
(a) The Carrier and the Guest hereby agree there is no
warranty, whether express or implied, as to the fitness, seaworthiness, or
condition of the vessel or any person on board, or any food, drink, medicine, or
provisions supplied on board the vessel. The Guest acknowledges that the Carrier
is not an insurer of his or her safety during the course of the voyage, and the
Guest agrees that the Carrier shall not be liable in any circumstances for any
incident or injury arising from events occurring outside of the Guest areas of
the vessel or outside of the vessel itself, including but not limited to those
events occurring ashore (including shore excursions), on tenders not owned or
operated by the Carrier, on or resulting from equipment not a part of the
vessel, or upon docks and/or piers, or involving persons employed on board the
vessel acting outside the course and scope of employment.
(b) The Carrier disclaims all liability to the Guest for
damages for emotional distress, mental suffering or psychological injury of any
kind not resulting from a physical injury to that Guest, nor from that Guest
having been at risk of actual physical injury, nor intentionally inflicted by
the Carrier.
(c) On cruises that neither embark, disembark nor call at
any U.S. port, the Carrier shall be entitled to any and all limitations and
immunities provided under the Athens Convention Relating to the Carriage of
Passengers and Their Luggage by Sea of 1974, as amended by the Protocol
to the Convention Relating to the Carriage of Passengers and Their Luggage by
Sea of 1976, which limits Carrier’s liability for death or personal injury
of a Guest to no more than 46,666 Special Drawing Rights as defined therein
(approximately U.S. $67,000 which fluctuates depending on the daily exchange
rate printed in the Wall Street Journal). In addition, and on all other cruises,
Carrier and the vessel shall have the benefit of any statutory limitation of
liability or exoneration of liability available in the applicable forum, or
under any applicable national or international law, including, but not limited
to, Title 46 of the United States Code, Sections 181 through 186.
(d) The Carrier shall not be liable for any injuries or
damages which occur while participating in athletic or recreational activities
aboard the vessel or onshore at any port of call, including, but not limited to,
Guest participation in snorkeling programs or Guest usage of any paddleball,
gymnasium, jogging, swimming, diving, health club and sauna facilities. By
utilizing said facilities, the Guest agrees to assume all risks arising
therefrom and does hereby fully release and discharge the Carrier from any and
all claims, demands, damages, causes of action, present or future, whether the
same be known, anticipated or unanticipated, resulting from or arising out of
the Guest’s use or intended use of said facilities.
(e) For further provisions regarding limitations of the
Carrier's liability, see also Sections 7 and 8, below.
6. Vessel and Voyage:
(a) Risk of
Travel: The Guest admits and acknowledges that travel by ocean-going
vessel occasionally presents risks and circumstances that may be beyond the
ability of the Carrier to reasonably control or mitigate. The Guest's
understanding includes all risks of travel, transportation, and handling of
Guests and baggage. The Guest therefore assumes the risk of and releases the
Carrier from any injury, loss, or damage whatsoever arising from, caused by, or
in the judgment of the Carrier or Master rendered necessary or advisable by
reason of: any act of God or public enemies; force majeure; arrest; restraints
of governments or their departments or under colour of law; piracy; war;
revolution; extortion; terrorist actions or threats; hijacking; bombing;
threatened or actual rebellion, insurrection, or civil strife; fire, explosion,
collision, stranding or grounding; weather conditions; docking or anchoring
difficulty; congestion; perils of the sea, rivers, canals, locks or other
waters; perils of navigation of any kind; lack of water or passageway in canals;
theft; accident to or from machinery, boilers, or latent defects (even though
existing at embarkation or commencement of voyages); barratry; desertion or
revolt of the crew; seizure of ship by legal process; strike, lockout or labour
disturbance (regardless whether such strike, lockout or labour disturbance
results from a dispute between the Carrier and its employees or any other
parties); or from losses of any kind beyond the Carrier’s control. Under any
such circumstances the voyage may be altered, shortened, lengthened, or
cancelled in whole or part without liability to the Carrier for a refund or
otherwise.
(b) Substitute Vessel: If the vessel does not sail on or
about the advertised or scheduled date for any reason, including fault of the
Carrier, the Guest agrees that the Carrier shall be entitled to substitute any
other vessel or means of transportation, regardless of whether owned or operated
by the Carrier, and to re-berth Guests thereon or, at the Carrier’s option, to
refund the fare paid or a pro rata portion thereof, without further liability
for damages or losses of any kind whatsoever.
(c) Itinerary Deviation: The Guest agrees that the Carrier
has the sole discretion and liberty to direct the movements of the vessel,
including the rights to: proceed without pilots and tow, and assist other
vessels in all situations; deviate from the voyage or the normal course for any
purpose, including, without limitation, in the interest of Guests or of the
vessel, or to save life or property; put in at any unscheduled or unadvertised
port; cancel any scheduled call at any port for any reason and at any time
before, during or after sailing of the vessel; omit, advance or delay landing at
any scheduled or advertised port; return to port of embarkation or to any port
previously visited if the Carrier deems it prudent to do so; substitute another
vessel or port(s) of call without prior notice and without incurring any
liability to the Guest on account thereof for any loss, damage or delay
whatsoever, whether consequential or otherwise.
(d) Transfer: The Guest agrees that the Carrier has an
absolute right to transfer the Guest and/or the Guest’s baggage to other
carriers, whether by water, rail or air, to or toward the ultimate destination.
In the event such substituted passage is for the convenience of the Carrier, it
shall be at the Carrier’s cost. Otherwise, it shall be at the cost of the
Guest.
(e) Compliance with Government Orders: The Carrier shall
have the absolute right, without liability for compensation to the Guest of any
kind, to comply with governmental orders, recommendations or directions,
including but not limited to those pertaining to health, security, immigration,
customs or safety. In the case of quarantine, the Guest agrees to bear all
risks, losses and expenses caused thereby and will be charged for maintenance,
payable day-by-day, if maintained on board the vessel for such period of
quarantine. The Guest assumes all risks and losses occasioned by delay or
detention howsoever arising. Costs connected with embarkation or debarkation of
Guests and/or baggage and costs of transfer between vessel and shore as a result
of the circumstances enumerated in this paragraph must be borne by the
Guest.
7. Baggage and Valuables:
(a) The
term "baggage" means suitcases, valises, satchels, bags, hangers or bundles and
their contents consisting of clothing, clothing accessories, toilet articles,
and similar personal effects, including all other personal property of the Guest
not in a container. The Carrier does not undertake to carry as baggage any tools
of trade, household goods, fragile or valuable items, precious metals, jewelry,
documents, negotiable instruments, or other valuables, including but not limited
to those specified in Title 46 U.S.C. § 181. The Guest warrants that no such
items will be presented to the Carrier within any receptacle or container as
baggage, and hereby releases the Carrier from all liability whatsoever for loss
of or damage to such items when presented to the Carrier in breach of this
warranty The Guest further warrants that he or she has not carried onto the
vessel any goods or articles for purposes of trade or commerce, nor contraband,
nor goods or articles which otherwise may violate the customs laws of the
country from which the vessel embarks or of any other port State visited by the
vessel during the course of the voyage, and the Guest agrees to indemnity the
Carrier for any fines, duties, taxes, or other penalties that may be incurred as
a result of any item brought on board by the Guest. The Carrier shall not be
liable for any loss of or damage to any perishable items, dentures, optical
devices (including contact lenses), medications, cameras, recreational and/or
sporting equipment, cash, securities or other negotiable instruments under any
circumstances whatsoever, whether carried within the Guest’s baggage or
otherwise.
(b) The Guest and Carrier agree and stipulate that the
aggregate value of all the Guest’s baggage and any other property lawfully
brought on board by the Guest does not exceed U.S. $100.00 and any liability of
the Carrier or the vessel for any cause whatsoever with respect to said baggage
shall not exceed such sum unless the Guest shall specify its true value, in
writing, and pay to the Carrier before embarkation 5% of the excess of such
value, in which case the Carrier's liability, if any, shall be limited to the
actual damage sustained up to, but not exceeding such specified value. In no
event shall Carrier be liable for normal wear or tear of the Guest’s property or
baggage.
(c) The Guest agrees that all disclaimers and limitations of
liability contained herein shall apply to all valuables stored or accepted for
storage by the Carrier, including valuables stored with the Carrier in safety
deposit boxes or security envelopes. The Carrier cannot accept responsibility
for, and in no event shall be liable for, the loss of or damage to valuables or
other articles left in cabins, and in no event shall the Carrier be liable for
loss of or damage to property of any kind not shown by the Guest to have
occurred while in the Carrier's actual custody.
(d) The Guest agrees to promptly report any loss of or
damage to baggage during loading or disembarking, to the Carrier's personnel,
prior to debarking the U.S. Customs area; the Carrier shall not be responsible
for any such loss or damage which is not so reported. Liability, if any, for
loss or damage to baggage occurring elsewhere than on board the vessel in
connection with air, car, motor coach, ground transfers, porters, stevedores
and/or hotels shall rest solely with the person or entity providing such
services and the Guest agrees that the Carrier does not guarantee the
performance of such services and shall not be liable in any respect or capacity
for any such loss or damage.
(e) The Guest will not be liable to pay nor entitled to
receive any general average or salvage contribution or award in respect to
property taken by the Guest onto the vessel.
8. Independent Contractors:
(a) Off-Vessel Transport and Activities: The Guest
recognizes and agrees that, if and when the Carrier makes arrangements for the
Guest for air transportation, hotel accommodations, ground transfers, shore
excursions, and/or for other transportation, activities, services, facilities or
amusements occurring off of the vessel, the Carrier does so solely for the
convenience of the Guest, the Carrier does not act on behalf of or supervise the
parties or persons who own, furnish, or operate such conveyances, services or
facilities, and the same are provided by independent contractors who work
directly for the Guest and are subject to such terms, if any, appearing in the
tickets, vouchers or notices of such party or parties. Therefore, the Guest
agrees that the Carrier assumes no responsibility for, nor guarantees the
performance of, any such person, party, contractor, service or facility, and
that the Carrier shall not be liable for losses or injuries arising from the
acts or omissions of such person, party, contractor, service or facility.
(b) Other Independent Contractors: The Guest recognizes that
the persons providing other personal services offered on the vessel, including
but not limited to, hairdressers, manicurists, personal trainers, and/or massage
therapists are independent contractors who work directly for the Guest, and that
the Carrier shall not be held liable for any loss or injury arising from the
performance of such services.
(c) Payment for Optional Services: Such parties or persons
described in sub-sections (a) and (b), above, shall be entitled to make a proper
charge for any service performed for or on behalf of the Guest and the cost of
such service shall be the sole responsibility of the Guest.
(d) For-Profit Entity: Notwithstanding that the Carrier, at
the Guest's option, arranges air transportation, hotel accommodations, ground
transfers, shore excursions and other services with independent suppliers of
such services, the Guest understands and agrees that the Carrier, being a "for
profit entity", earns a fee on the sale of such optional services.
(e) Indemnity: Guest acknowledges and agrees that in the
event the Carrier is found liable to pay damages based on the negligence or
other wrongful conduct of any person or entity other than the Carrier, whether
by way of joint and several liability or otherwise, the Guest will indemnify and
hold Carrier harmless for any and all such conduct and/or damages. This
agreement to indemnify and hold the Carrier harmless shall specifically include,
without limitation, all medical services provide on or off the vessel, as well
as all shore excursions, transportation or other facilities or activities
provided or furnished by any person or entity other than Carrier.
9. Medical Services and Facilities: The Guest recognizes and
agrees that the Carrier is not in the business of providing medical services
and/or operating medical facilities. To the extent that the vessel provides a
surgeon or physician, or if the vessel requests emergency or other medical care
or evacuation for the Guest on the Guest's behalf (hereinafter, "Medical
Services"), it is understood and agreed that the Carrier does so solely for the
convenience of the Guest, that such Medical Services are provided by medical
professionals who work directly for the Guest, and that the Carrier does not
undertake to supervise, nor supervise or direct the actions of the person(s)
providing such Medical Services. The Guest therefore agrees that the Carrier
cannot guarantee the performance of such Medical Services, and that the Carrier
shall not be liable for losses or injuries arising therefrom. Persons or
entities providing Medical Services shall be entitled to make a proper charge
for any service performed for or on behalf of the Guest, and the cost of such
service shall be the sole responsibility of the Guest. The Guest hereby agrees
to reimburse and indemnify the Carrier for any funds advanced on account of any
such charges.
10. Limitations on Actions:
(a) Suits for Injury or Death: The Guest agrees that no
suit, whether brought in rem or in personam, shall be
maintained against the Carrier for emotional or physical injury, illness or
death of Guest unless written notice of the claim, including a complete factual
account of the basis of such claim, is delivered to the Carrier within 185
calendar days from the date of the incident giving rise to such injury, illness
or death; and no suit shall be maintainable unless commenced with one (1) year
from the day of the incident giving rise to such injury, illness or death,
notwithstanding any provision of law of any state or country to the contrary.
(b) Other Suits: No suit involving any other manner of
claim, legal theory, or cause of action whatsoever arising from, connected with
or related to this Contract or the cruise, including but not limited to, claims
for loss or damage to baggage, or for delay, detention or otherwise, shall be
maintainable against the Carrier, whether in personam or in
rem, unless written notice of the claim with full particulars is delivered
to the Carrier within thirty (30) days of termination of the Guest’s scheduled
cruise, and suit is commenced with six (6) months from the day when the cause of
action arose, notwithstanding any provision of law of any state or country to
the contrary.
(c) Guest Waives Right to Class Action Relief: The Guest
agrees that any claim or cause of action brought forth against the Carrier shall
be brought and litigated solely in the Guest’s personal capacity or, in the case
of a minor or decedent, by and through the duly appointed legal representative,
and the Guest hereby expressly agrees that any claim whatsoever asserted against
the Carrier shall be litigated by the Guest or his or her legal representative
in an individual capacity and not as a member of any class.
(d) Appointment of Guest as Legal Representative of Minor:
If the Guest is traveling with his or her natural born or adopted minor
children, the Guest hereby agrees and stipulates to the appointment, upon
boarding of him/herself as the legal representative of such minor children
within the meaning of Chapter 46, United States Code Appendix, Section 183b(c)
upon boarding.
11. Travel Documentation: Upon embarkation, the Guest shall
have in his or her possession, and assumes all responsibility for obtaining, all
visas, passports, certified birth certificates, travel and health documents
required by any governmental authority, and if he or she fails to do so the
Carrier shall have no further obligation to transport or to furnish
transportation to the Guest. The Guest is advised to consult his or her travel
agent or the appropriate governmental authority concerning required
documentation for travel. The Guest shall indemnify the Carrier for all
penalties, fines, charges, losses and expenses imposed upon or incurred by the
Carrier due to the Guest's failure to have proper documentation or otherwise
comply with applicable laws or regulations of any kind. Any stamps on tickets,
customs, excise or other taxes or fines on the Guest or the Carrier resulting
from the Guest's conduct, embarkation expenses, and all expenses of such a
nature are to be paid by the Guest. If the Guest is denied boarding for failing
to comply with the requirements of this paragraph, the Carrier shall not be
liable to refund the Guest’s fare or for any other damages or expenses
whatsoever.
12. Use of Travel Agent: The Guest agrees that any travel
agent utilized by the Guest in connection with the purchase of the cruise or
issuance of this Contract, or for any related or incidental air or ground
transportation or excursions, is solely the Guest's agent and the Guest shall
remain liable to the carrier for the full applicable cruise fare. The Carrier
shall not be responsible for any representations, insolvency or other conduct of
a travel agent, including but not limited to such agent's failure to remit any
portion of the cruise fare to the carrier, or any refund to the Guest. The Guest
agrees that receipt of any refunds or notices by the Guest’s travel agent,
including this Contract, shall constitute receipt by the Guest.
13. Severability: Should any provision of this Contract be
deemed invalid for any reason, the Guest agrees that said provision is deemed to
be severed from this Contract and shall be of no effect, but all remaining
provisions herein shall remain in full force and effect.
14. Venue and Governing Law: Except as otherwise specified
herein, this Contract shall be governed in all respects by the General Maritime
Law of the United States and, only when not inconsistent with the provisions of
this Contract or U.S. maritime law, the laws of the State of Florida. It is
hereby agreed that any and all claims, disputes or controversies whatsoever
arising from, related to, or in connection with this Contract or the Guest’s
voyage, including any activities on or off the vessel or transportation
furnished therewith, shall be commenced, filed and litigated, if at all, before
the United States District Court for the Southern District of Florida in Miami,
Florida, U.S.A., or as to those lawsuits for which the United States District
Court for the Southern District of Florida lacks subject matter jurisdiction,
before a court of competent jurisdiction in Miami-Dade County, Florida, U.S.A.,
to the exclusion of the Courts of any other country, state, city or county.
15. Cancellation: Cancellation fees for cruise, air, land
and other charges apply to all Guests on the reservation. Cancellation fees for
air, land and other charges will apply even if the reservation is not cancelled
in full. Gateway changes for air and name changes for cruise, air, land and
other add-ons are considered cancellations of those items. Cancellations must be
telephoned to our Reservations Department. Depending on when the cruise is
cancelled, cancellation charges will be assessed pursuant to the Terms and
Conditions of the cruise brochure, and cancellation charges are subject to
change without notice. Air tickets issued by our Air/Sea Department for Guests
on our Air/Sea Programs are refundable only to Carrier. Group Guest policies may
differ and payment and cancellation charges may differ by promotion. Refer to
your travel agent, group booking agreement or promotion for specific terms and
conditions.
16. Use of Guest Likeness: The Guest consents to Carrier's
use and display of the Guest's likeness in any video, photograph or other
depiction for any purpose, commercial or otherwise, without compensation or
liability of any kind. The Guest's consent extends to minors and other persons
in the care and charge of the Guest.
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IMPORTANT INFORMATION |
1. The fares published in this brochure are guideline prices
only, correct at the time of printing - June 2006. They may be
subject to increase or decrease at any time.
2. NCL reserves the right to pass on any increase in the
cost of transportation, taxes, or accommodation or extra
cost due to exchange rate changes, subject to the Terms &
Conditions.
3. For your complete financial protection NCL is bonded
with the Passenger Shipping Association and Civil Aviation
Authority, (ATOL 2752). We are also bonded with the
Federal Maritime Commission in the USA.
4. Cruise itineraries, land and flight arrangements were all
correct at time of printing. In the event that it is necessary to
make changes we will always try to advise you in advance, but
this cannot be guaranteed.
5. Where a flight inclusive Holiday is booked through a
travel agency then any money you pay to the agency under
or in contemplation of the Contract is held by the agency as
agent for NCL until it is paid to NCL. Where the Holiday
does not include flights, money paid to a travel agency or
other third party is held on your behalf until such time as it is
paid to NCL.
Immigration and Health
6. All adult UK guests should hold a full 10-year UK
passport valid for 6 months after the scheduled return date.
All children from new born to the age of 15 must now have
their own individual child passport, also valid for 6 months
after the scheduled return date. NCL may give general
advice to UK citizens as to current visa requirements;
however responsibility for establishing and complying with all
entry requirements lies solely with the passenger. If you are
not a UK citizen, please check passport, visa and any other
entry requirements with your own country’s embassy.
Attention is drawn to the following:-
7. Current entry requirements for minors into Canada and
the U.S. - Adults travelling with minors into the U.S. that are
not the minor’s parents or legal guardian must be in
possession of a notarised parental/guardian consent letter
that authorises the minor’s travel and medical treatment in
cases of emergency. Minors under 18 not travelling with both
parents into Canada must have in their possession a notarised
letter, which includes the actual dates of travel and signatures
of both parents, indicating the name of the person(s) with
whom the minor is travelling, and granting them permission
to escort the minor.
8. All Guests intending to travel to the USA on the Visa
Waiver Programme (“VWP”) will be required to present a
valid Machine Readable Passport. In addition, children
travelling on VWP will no longer be eligible to travel to the
USA on a parent’s passport and will be required to hold their
own valid Machine Readable Passport.
9. Vaccination and other health requirements are subject
to change at any time for any destination. Please therefore
check with a doctor or clinic not less than six weeks prior to
departure to ensure that you have met the necessary
requirements. |
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