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1. INTRODUCTION; DEFINITIONS.
For the purposes of the defenses, limitations of liability and rights set forth in this Passage Contract only, “Carrier” includes the ship used for the purpose of this cruise (or any substituted ship), the ship’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, Captains, crew, pilots, agents or employees, and all concessionaires, independent contractors, shipbuilders and manufacturers of all component parts, launches, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires. Passenger acknowledges that SAILTOGETHER.COM Ltd. operates all the ships, and acts as sales agent for the operator of such ships.
“Cruise” means the voyage from the port of embarkation to the port of disembarkationand also includes any land accommodation components of any land-sea package sold, taken with or included in the price of the Cruise, and any activities, shore excursions, tours, or shoreside facilities related to or offered during the Cruise.
“Cruise Fare” means the amount payable by You to Carrier for Your Cruise, excluding commissions and/or discounts. It covers the cruise package, scheduled meals and accommodations while on board and shall include any increases in government fees and taxes, fuel, immigration or other costs which Carrier may add to Your Cruise Fare and charge to your account.
“You,” “Your” and “Passenger” mean the person(s) purchasing or accepting this Passage Ticket and Contract or anyone who uses it and persons in their care, including any minor, and their heirs, relatives and personal representatives. Passenger represents that he or she is authorized by all Passengers to accept and agree to all the terms and conditions of the Passage Contract.
Fees and Taxes: “ Fees and Taxes” may include any and all fees, charges and taxes imposed by National and/or foreign governmental or quasi-governmental authorities including Customs fees, head taxes, inspection fees, immigration and naturalization fees, harbor maintenance fees, port & mooring fees, Transit logs and fund board.
2. PASSENGER'S OBLIGATIONS.
(a) Before You board the ship, You must:
(i) Pay Your Cruise Fare and all Fees and Taxes.
(ii) Bring all necessary travel documents such as passports, visas, proof of citizenship, re-entry permits, medical certificates showing all necessary vaccinations, and all other documents necessary for ports of call in the countries to which You will travel. It is Passenger’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All passengers are advised to check with their travel agent or the appropriate government authority to determine the necessary documents. Passengers will be subject to any fine or other costs incurred by Carrier which results from improper documentation or noncompliance with applicable regulations, which amount may be charged to Your account.
(iii) Arrive at least two hours before the scheduled sailing time.
(iv) Be sure that You and any person in Your care are fit to take the Cruise. (See Section 9).
(v) Sign a Waiver, Release and Assumption of Risk upon embarkation.
(b) Prior to disembarking the ship, you must:
(i) Pay in full all extra amounts charged to your account. Carrier shall not be liable for loss, damage or delay resulting from Your failure to comply with these requirements.
(ii) Participate in tidying up the boat in order to leave it in a reasonable state of order and reasonably clean.
3. NOTICE CONCERNING SAFETY AND SECURITY.
Carrier visits a large number of ports in numerous countries around the world. At any given moment there are likely to be “trouble spots” in the world in terms of crime and/or war or terrorist actions. Accordingly, it may be necessary to change the published cruise or shore excursion itinerary. Any such changes are for Your safety and beyond our control. While Carrier endeavors to provide reasonable protection for Your comfort and safety onboard its ships, Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime or other potential sources of harm. Carrier reminds all passengers that they must ultimately assume responsibility for their actions while ashore.
Carrier has the right to prohibit items from being brought on board that may pose a safety hazard. These include but are not limited to firearms, flammable substances (except for limited quantities of personal care toiletries), explosives, irons, heating devices, or any other item that Carrier may identify as a potential threat to safety.
4. RIGHT TO REFUSE PASSAGE.
You will not be allowed to board the ship or be entitled to a refund if You do not have proper documentation. Carrier may refuse to embark You if, in Carrier’s sole opinion, You are unfit for any reason or You enter the 24th week of pregnancy by the end of the cruise. Please note that all pregnant passengers should send a letter or fax to Carrier, including a statement from their physician indicating the estimated due date. If Carrier refuses to allow You on board for any of these reasons, any refund of the Cruise Fare will be made based on the timing of such refusal in accordance with Section 6 and Carrier will have no further liability. If You become unfit to travel for any reason during the Cruise and/or disembark early, Carrier shall not be liable for any refund or damages.
5. AGE REQUIREMENTS; DRINKING AGE; GAMING AGE; ALCOHOLIC BEVERAGES.
The minimum passenger age is 6 months. Passengers under the age of 18 years must be accompanied by a Passenger over the age of 21, or present to carrier a written approval letter duly signed by their legal tutor. No alcohol may be purchased or consumed by any Passengers under the age of 18.
6. CANCELLATION, REFUND AND YOUR TRAVEL AGENT.
You are not entitled to any refund except as otherwise provided in this Section. Any refunds will be made directly to You. You may cancel by sending a written notice to the Carrier. The following cancellation policy applies with respect to Your Cruise Fare, Fees and Taxes, Airport transfers, Personal travel insurance and Pre-Cruise and Post-Cruise Package charges (“Total Charges”):
CANCELLATION FEE SCHEDULE
Days Prior to Cruise departure date
90 days or more
25% of Total Charges
89 – 46 days
50% of Total Charges
Within 45 days
100% of Total Charges
Carrier is not responsible for any representation or conduct of Your travel agent, including, but not limited to, any failure to remit Your deposit or other funds to Carrier, for which You shall at all times remain liable to Carrier, or any failure to remit a refund from Carrier to You. No compensation or credit will be provided by Carrier should You have to cancel or cut short Your Cruise.
The abovementioned policy applies to any failure of the Carrier or of the Passenger to perform any of its obligations under this contract due to “Force Majeure”, especially if the Passenger could not for any reason whatsoever, arrive at the embarkation port as set forth in article 2 (iii) even if the reason of cancellation is the result of a “Force Majeure” that occurred at any time preceding or following the departure date.
For the purposes of this Condition, “Force Majeure” means fire, explosion, flood, lighting, Act of God, act of terrorism, war, rebellion, riot, sabotage, official strike or similar labor dispute, Closing of an airport, cancellation of flights or events or circumstances outside the reasonable control of the party affected thereby, occurring in the Passenger’s country or the embarkation port’s country.
COVID-19 SPECIAL FLEXIBLE REBOOKING POLICY
If as a result of the Covid 19 pandemic, one of the 3 following cases occur:
1: The carrier has confirmed to be unable to operate the sailing cruise due to local government restrictions.
2: The passenger(s) are unable to reach the sailing cruise departure country due to confirmed border closures.
3: The government of the passenger(s) residence country advises against travel to the sailing cruise destination country.
AND such measures or advice are confirmed to still be in place on the date of the sailing cruise departure.
Then the passenger(s) can:
Reschedule or rebook without a fee for alternative dates in 2021 or 2022 and the amounts paid will be transferred to the new booking.
Receive a credit note for the amount paid which can be used towards a future sailing cruise in any of the carrier’s sailing destinations within 24 months of the original departure date.
7. RIGHT TO CANCEL, CHANGE TIME OF SAILING OR PORT, SHORTEN THE CRUISE; SUBSTITUTION.
Carrier may, at any time, without notice or liability for payment or compensation, cancel the Cruise, change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten the Cruise or substitute ships, aircraft, other transportation or lodging. Passenger shall have no claim against Carrier, and Carrier shall not be liable (whether for damages or a refund) for hotel or meal charges, travel expenses or other loss, delay, inconvenience, disappointment or expense whatsoever in such circumstances, except as follows:
(a) If Carrier cancels the Cruise before it has started, and this cancellation is not the result of a “force majeure” Carrier will refund the Cruise Fare (less any air or accommodation charges incurred).
(b) If the sailing is delayed and You are not accommodated on board the ship, Carrier may arrange accommodations and food at no additional expense to You.
(c) If the scheduled port of embarkation or disembarkation is changed, Carrier will arrange transportation to it from the originally scheduled port.
(d) If the Cruise is terminated or ends early, Carrier, at its option, may issue a cruise credit, make a proportionate refund of Your Cruise Fare, transfer You to another ship or hotel or transport You to the scheduled final port.
8. RIGHT TO DEVIATE FROM ROUTE AND CHANGE OR OMIT PORTS OF CALL.
Carrier may, for any reason, without notice or liability for payment or compensation:
(a) deviate from the scheduled ports of call, route and timetable,
(b) call or omit to call at any port or place,
(c) comply with all governmental laws and orders given by governmental authorities, (d) proceed without pilots, tow or be towed and assist vessels, or (e) render assistance to preserve life and property. Accordingly, You should not make any important arrangements or meetings based on the proposed itinerary of the Cruise, which may change without liability to Carrier.
9. YOUR RESPONSIBILITY TO INFORM CARRIER OF DISABILITIES OR PREGNANCY.
You must, at the time You book Your Cruise, inform Carrier in writing of any existing physical or mental illness, disability or any other condition for which You or any other person in Your care may require medical attention or special accommodation during the Cruise. If any such condition arises after You have booked the Cruise, You must report the condition to Carrier as soon as You become aware of it. Failure to report any such condition will release Carrier from any liability related to the accommodation or treatment of such condition or for any other conduct whatsoever in connection therewith. Carrier may refuse to embark You as set forth in Section 4.
10. RIGHT TO CONFINE YOU TO STATEROOM, REFUSE TO EMBARK YOU, OR DISEMBARK YOU.
Carrier may, without liability for refund or damages, confine You to Your stateroom, change Your accommodations, refuse to embark You, or disembark You at any time if, in the opinion of Carrier, or the Captain, Your presence might be detrimental to Your health, comfort or safety or that of other Passengers or the crew. If You are delayed or detained on board the ship 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, You must pay or reimburse Carrier for all resulting costs and expenses including food, transportation, accommodation and repatriation.
11. UNAUTHORIZED STOPOVER OR DISEMBARKATION.
Unauthorized stopover or disembarkation or failure to make any sailing of the ship at any port shall be at Your sole risk and expense and You will not be entitled to any refund or other compensation.
12. NO ANIMALS.
No pets or other animals are allowed on the ship at any time.
13. RESPONSIBILITY TO COMPLY WITH LAW AND REGULATIONS OF SHIP; NO SOLICITATION.
You shall be responsible for complying with the requirements of all immigration, port, health, customs, and police authorities, and all other laws and regulations of each country or state from or to which You will travel and You agree to reimburse Carrier for any expenses or fines that it may incur as a result of Your noncompliance. You must at all times obey all the rules, regulations and orders of the Carrier and the Captain.
14. HEALTH, MEDICAL CARE AND OTHER PERSONAL SERVICES.
Carrier recommends that You obtain Your own insurance protection against loss or damage to baggage and personal effects, trip cancellation and emergency evacuations, accidental death or injury, illness and medical expenses sustained or incurred in connection with your cruise.
15. BAGGAGE AND PERSONAL EFFECTS; LIABILITY LIMITATIONS.
You may take a reasonable amount of luggage on board containing only Your personal effects, but may not carry any bulky items. The terms and conditions of the airline or other transportation provider also apply. You may not take on board firearms, controlled or prohibited substances, or inflammable or hazardous items, or any contraband prohibited by applicable law. The ship’s officers and law enforcement authorities have the right to enter and search Your stateroom and baggage for any hazardous, controlled or prohibited substances or contraband. Carrier is not liable for loss or damage to baggage or personal property. Carrier shall not be liable for any loss of or damage to money, jewelry, electronics, cameras, binoculars, dental hardware, eyeglasses, documents or any other personal property. Carrier does not undertake to carry as baggage, and shall have no liability whatsoever for, any money, valuables, precious stones or metals or any valuable articles.
16. LIMITATIONS ON CARRIER'S LIABILITY; INDEMNIFICATION.
Carrier is not liable for death, injury, illness, damage, delay or other loss to person or property of any kind caused by an Act of God, war, civil commotions, labor trouble, governmental interference, perils of the sea, fire, thefts, or any other cause. Carrier hereby disclaims all liability to the passenger for damages for emotional distress, mental anguish, Physical or psychological injury of any kind under any circumstances. Pre and post cruise tours, shore excursions and any/all connecting ground, vessel or air transportation and other tours may be owned and/or operated by independent contractors and Carrier makes no representations and assumes no responsibility therefore. When you take part of this cruise and if You take part in organized activities, whether on the ship or as part of a shore excursion, You assume the risk of injury, death, illness or other loss and Carrier is not liable or responsible for it. Carrier in no event is liable to You in respect of any occurrence taking place. Each Passenger agrees to indemnify Carrier for any damages, liabilities, losses, penalties, fines, charges or expenses incurred or imposed upon Carrier as a result of any act, omission or violation of law by the Passenger or any minor Passenger for whom the Passenger is responsible.
17. CLAIMS AND SUITS:Notwithstanding any provision of applicable law to the contrary, in cases involving claims for emotional or bodily injury, illness to or death of any Passenger, no lawsuit may be brought against Carrier.
18. USE OF LIKENESS.
Carrier has the exclusive right to use video and other visual/audio portrayals of You or Your likeness taken during your cruise in any medium of any nature whatsoever for any purpose, including advertising or promoting the services of Carrier without any compensation being paid to You. Any such portrayal or likeness or audio visual material taken by you or the carrier or any other passenger or crew shall be the exclusive property of Carrier.
Nothing contained in this Passage Contract shall limit or deprive Carrier of the benefit of the applicable statutes or laws of the BVI, Lebanon or any other country or any international conventions providing for release from or limitation of liability. This Passage Contract constitutes the entire understanding and agreement between You and Carrier and supersedes any prior oral, or implied or other agreements between You and Carrier and this Passage Contract can only be modified by a writing signed by Carrier. You may not sell, assign or transfer the Passage Contract, and no other person may use it. Any portion or provision of this Passage Contract which is invalid, illegal or unenforceable shall be ineffective only to the extent of such invalidity, illegality or unenforceability without affecting in any way the remaining provisions of the Passage Contract which shall remain in full force and effect.