Cruise Terms and Conditions
FULL CRUISE TERMS AND CONDITIONS
IMPORTANT NOTICE: THESE ARE THE TERMS AND CONDITIONS OF THE LEGALLY BINDING CONTRACT BETWEEN YOU AND MALT SHOP CRUISE 17, LLC. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THIS CONTRACT CONTAINS ALL TERMS OF OUR AGREEMENT AND SUPERSEDES ALL OTHER ORAL, IMPLIED OR WRITTEN AGREEMENTS, COMMUNICATIONS OR REPRESENTATIONS. THE WORD “YOU” REFERS TO ALL PERSONS BOOKING OR PURCHASING THE CRUISE OR TRAVELING UNDER THIS CONTRACT. THE WORDS “WE” AND “US” REFER TO MALT SHOP CRUISE 17 LLC and any parent, subsidiary or other affiliated companies. CERTAIN OTHER PERSONS AND ENTITIES, AS WELL AS THE SHIP ITSELF, ARE ALSO GRANTED RIGHTS UNDER THIS CONTRACT.
NOTICE: YOUR ATTENTION IS ESPECIALLY DIRECTED TO CLAUSES A.1, A.3, A.4, A.5, A.6, A.7 and A.9 BELOW, WHICH CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHT TO ASSERT CLAIMS AGAINST US AND CERTAIN THIRD PARTIES, INCLUDING LIMITATIONS ON THE FORUM, THE TIME FOR FILING LEGAL PROCEEDINGS, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
SUBJECT TO SPECIFIC EXCEPTIONS, ANY DISPUTES ARISING OUT OF OUR RELATIONSHIP WILL BE ARBITRATED BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN KING COUNTY, STATE OF WASHINGTON, U.S.A. ANY DISPUTES NOT SUBJECT TO ARBITRATION SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE, OR, AS TO THOSE LAWSUITS AS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, IN THE COURTS OF KING COUNTY, STATE OF WASHINGTON, U.S.A., TO THE EXCLUSION OF ALL OTHER COURTS.
IMPORTANT TERMS AND CONDITIONS OF CONTRACT--READ CAREFULLY BEFORE ACCEPTING
A. GENERAL PROVISIONS
1. Important Definitions /Third Party Beneficiaries: (a) “Ship” refers to the ship that will provide the ocean transportation portion of the Cruise. “Owner” refers to the owner and, where applicable, operator of the Ship; “MSM17” refers to Malt Shop Cruise 17, LLC, and any parent, subsidiary or other affiliated companies, all parties may be collectively referred to as the “Company” or “Companies”.
(a) Certain third parties derive rights and exemptions from liability as a result of this contract. Specifically, all of our rights, exemptions from liability, defenses and immunities under this contract (including, but not limited to, those arising under Clauses A.3, A.4, A.5, A.6, A.7 and A.9), the applicable law, and the limitations on the forum, the time for filing legal proceedings, and the right to participate in a class action will also inure to the benefit of our employees and agents, the Ship and the Ship's tenders, operators, managers, charterers, officers, staff, crewmembers, shipbuilders and manufacturers of all component parts and all suppliers, shore excursion or tour operators, Ship’s physician, Ship’s nurse, retail shop personnel, health and beauty staff, fitness staff, photographers, entertainers and other concessionaires and independent contractors. These third parties will have no liability to you, either in contract or in tort, which is greater than or different from ours.
2. Providing Cruise: In consideration of the receipt in full of the fare and subject to the terms and conditions of this contract: (a) Provider agrees to transport you on the Ship in order to enable you to take the Ship portion of the Cruise .This contract is valid only for the Cruise and for the stateroom or suite specified in this contract or assigned by us. The person accepting this contract represents that he/she is authorized by all persons on the same booking to accept and agree to be bound by the terms and conditions of this contract on their behalf. Although this contract refers to Owner, MSM17 and the Companies as “we” and “us,” neither Owner, MSM17 or Company shall be liable for the acts or omissions of any other Company or with respect to the services provided or to be provided by any other Company.
3. Time Limits for Noticing Claims, Filing and Service of Lawsuits; Forum for Legal Actions; Class Action Waiver: All disputes and matters whatsoever arising under, in connection with or incident to this contract, including without limitation claims against third parties other than MSM17, are governed by the following time limits for noticing claims, and filing and service of legal proceedings (including arbitration):
(a) In any case governed by 46 United States Code Section 30508, which is a United States statute that permits any shipowner to limit the time during which a passenger may file a claim or commence suit, you may not maintain any lawsuit as described herein against us or any third party or the Ship for loss of life or personal injury, including emotional distress, unless written notice of the claim is delivered to us not later than six (6) months after the day of death or injury, any lawsuit is commenced not later than one (l) year after the day of death or injury, and valid service of the lawsuit on MSM17, Owner, the Ship or any third party, as applicable, is made within thirty (30) days following the expiration of that one-year period.
(b) For all other claims, including but not limited to claims for loss or damage to baggage, breach of contract, misrepresentation, illness or death or injury not governed by 46 United States Code Section 30508, whether based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this contract or your Cruise no matter how described, pleaded or styled, you may not maintain any legal proceeding (including an arbitration) against us or the Ship or any third party, nor will we or the Ship or such third parties be liable therefor, unless we receive written notice of claim within thirty (30) days after conclusion of the Cruise and the documents commencing the legal proceeding are properly served on MSM17, Owner, the Ship or any third party, as applicable, within thirty (30) days following the expiration of that six-month period.
(c) In the case of a claim by or on behalf of a minor or legally incompetent person, or in the case of a wrongful death claim, the time periods described above shall begin to run on the earlier of: (a) date of appointment of a legal representative for the minor or legally incompetent person, or the estate (as the case may be); (b) the date on which the minor reaches legal age or the incompetent person is restored to competence; or (c) three (3) years after the day of death, injury or damage, as applicable.
(d) YOU AND WE AGREE TO ARBITRATE ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATING TO ANY ASPECT OF THE RELATIONSHIP BETWEEN US, even if the claim arises or may arise from acts or omissions occurring before or after the Cruise EXCEPT that you and we agree not to arbitrate (i) claims for personal injury, illness or death of a passenger or (ii) individual claims within the jurisdiction of and brought in small claims court. This agreement to arbitrate is governed by and entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. (“FAA”), and the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 9 U.S.C. §§ 202-208 (“the Convention”), and may be enforced under either the FAA or the Convention. YOU MAY REJECT THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS IN THIS PARAGRAPH. IF YOU DO, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO REQUIRE ARBITRATION. Rejection of the arbitration provision will not affect any other aspect of this contract. To reject the arbitration provision, you must send us a notice by the earlier of (a) 30 days after you or your agent first receives this contract, whether electronically or in paper copy, or (b) the date of Initial Departure. The notice must include your name, your itinerary, and your sailing date and be mailed to Arbitration Malt Shop Cruise 17, LLC Attn: Legal Department 8260 Willow Oaks Corporate Drive Suite 500 Fairfax, VA 22031. This is the only method you can use to reject the arbitration provision.
(e) Arbitration shall occur in King County, State of Washington, U.S.A., to the exclusion of any other forum. You consent to jurisdiction and waive any objections to arbitration in King County, Washington. Either you or we may start an arbitration proceeding by sending to the other, by certified mail, a letter requesting arbitration that (i) describes the nature and basis of the claim or dispute and (ii) sets forth the relief sought. If you start the arbitration, you must send that letter to us at Arbitration, Arbitration Malt Shop Cruise 17, LLC Attn: Legal Department 8260 Willow Oaks Corporate Drive Suite 500 Fairfax, VA 22031, and we must receive the letter within the time specified for serving documents commencing legal proceedings. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Dispute Resolution Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”), which are deemed to be incorporated herein by reference as modified by these terms. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator must be a lawyer with at least ten years of experience in maritime law, who will be selected under the AAA’s rules. The arbitrator must follow this contract and can award the same damages and relief as a court, including attorneys’ fees where the applicable law allows. Arbitration is more informal than a lawsuit in court. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL IN ARBITRATION. THE PARTIES SHALL HAVE THE RIGHT TO PRE-ARBITRATION DISCOVERY TO THE EXTENT PERMITTED BY, AND SUBJECT TO THE CONDITIONS OF, THE AAA RULES. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IF YOU OR WE WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
(f) NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER. If this prohibition on class arbitrations is found to be invalid or unenforceable, the agreement to arbitrate shall not apply. The arbitrator shall have no authority to make an award to, for the benefit of, or against any person not a named party to the arbitration.
(g) ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATING TO ANY ASPECT OF THE RELATIONSHIP BETWEEN US AND NOT SUBJECT TO ARBITRATION SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE, OR, AS TO THOSE LAWSUITS AS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, IN THE COURTS OF KING COUNTY, STATE OF WASHINGTON, U.S.A., TO THE EXCLUSION OF ALL OTHER COURTS.
4. Limitation on Liability; Governing Law; Non-Provider Services:
(a) In the event you are injured, become ill, or die, or your property is lost or damaged, or you and/or your property is delayed, or you sustain any other loss or damage whatsoever, we will not be liable to you unless the occurrence was due to our negligence or willful fault. We disclaim liability to you under any circumstances for infliction of emotional distress, mental suffering or psychological injury which was not: (i) the result of physical injury to you caused by the negligence or fault of an employee, manager or agent of MSM17; (ii) the result of you having been at actual risk of physical injury caused by the negligence or fault of an employee, manager or agent of MSM17; or (iii) intentionally inflicted by an employee, manager or agent of MSM17. In no event will we be liable to you for consequential, incidental, exemplary or punitive damages.
(b) This contract is issued at Seattle, Washington. On international cruises which neither embark, disembark nor call at any U.S. port and where the passenger commences the cruise by embarkation or disembarks at the end of the Cruise in a port of a European Member State, we shall be entitled to any and all liability limitations and immunities for loss of or damage to luggage, death and/or personal injury as provided under EU Regulation 392/2009 on the liability of carriers to passengers in the event of accidents. Unless the loss or damage was caused by a shipping incident, which is defined as a shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship (as defined by the Regulation), our liability is limited to no more than 400,000 Special Drawing Rights (“SDR”) (approximately U.S. $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal) if the passenger proves that the incident was a result of our fault or neglect. If the loss or damage was caused by a shipping incident, our liability is limited to no more than 250,000 SDRs (approximately U.S. $380,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal). Compensation for loss caused by a shipping incident can increase to a maximum of 400,000 SDRs unless we prove that the shipping incident occurred without our fault or neglect. Shipping incidents do not include acts of war, hostilities, civil war, insurrection, natural disasters, or intentional acts or omissions of third parties. In cases where the loss or damage was caused in connection with war or terrorism, our liability for any personal injury or death (whether occurring during a shipping incident or non-shipping incident) is limited to the lower of 250,000 SDRs per passenger or 340 million SDRs per ship per incident. Punitive damages are not recoverable for cruises covered by EU Regulation 392/2009. For a copy of EU Regulation 392/2009, visit http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF. In addition those embarking on a cruise in a European Member state port are afforded rights under EU Regulation 17/2010. For a copy of EU Regulation 17/2010, visit http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:334:0001:01:EN:HTML.
(c) In addition, and on all other Cruises, all the exemptions from and limitations of liability provided in or authorized by the laws of the United States shall apply, including Title 46 of the United States Code, sections 30501 through 30509 and 30511 which are United States statutes limiting the liability of vessel owners. Except as otherwise set forth, this contract shall be governed by and construed exclusively in accordance with the general maritime law of the United States, which shall also govern any claims or disputes arising out of our relationship, without regard to choice of law rules and which replaces, supersedes and preempts any provision of law of any state or nation to the contrary; to the extent such maritime law is not applicable, the laws of the State of Washington (U.S.A.) shall govern this contract, as well as any claims or disputes arising out of our relationship.
(d) We do not undertake to supervise, nor assume any liability in respect of, the acts or omissions of the Ship's physician, Ship’s nurse, retail shop personnel, health and beauty staff, photographers or any other third party providing services, all of whom are either independent contractors or are employed by independent contractors, and work directly for the passenger when performing their services. All shore excursions, accommodations and services in the air and on shore (referred to as “Non-Provider Services”) are performed by third parties who are independent contractors, and not by us. We neither supervise nor control the activities provided by Non-Provider Services and assume no liability and make no representation either express or implied as to their suitability. By way of example only, Non-Provider Services include goods and services provided by shoreside physicians, air ambulance, hotels, restaurants, airlines (including the airline(s) used in any Air Package), railroads, shore excursion and tour operators, helicopter operators, amusement park operators, dayboat operators and motorcoach operators. As a result, you are assuming the entire risk of utilizing Non-Provider Services subject only to whatever terms or arrangements are made by you or on your behalf with the third party furnishing the Non-Provider Service. Similarly, any medical examination or treatment you receive from medical personnel aboard the Ship during the Cruise is provided solely for your convenience by independent contractors rather than our agents or employees. We do not undertake to supervise the medical expertise of any such personnel and will not be liable for the consequences of any examination, advice, diagnosis, medication, treatment, prognosis or other professional services which a doctor or nurse may furnish or fail to furnish to you. Furthermore, you may be charged for such professional services.
(e) You assume all risks for injury, death or loss as a consequence of your use of the Ship's athletic or recreational equipment or as a consequence of criminal conduct by any third party.
(f) During your Cruise, we are transporting you and your property only between ports of call. At ports where the Ship is unable to dock, we will arrange for appropriate transportation from the place where the Ship is at anchor to the dock. Persons with mobility impairments traveling on a Holland America Line Ship should refer to the Before You Go page of HAL’s website (http://www.hollandamerica.com/cruise-vacation-planning/PlanningAndAdvice.action?tabName=Shipboard+Life&contentMenu=Accessible+Cruising) regarding limitations on our ability to help you go ashore. Persons with mobility impairments traveling on a Seabourn Ship should refer to the Accessible Cruising section of the Frequently Asked Questions page on Seabourn’s website (http://www.seabourn.com/luxury-cruise-vacation-planning/Planning-And-Advice.action?tabName=Frequently+Asked+Questions&contentMenu=Accessible+Cruising) or the Exclusive Travel Planner for Seabourn cruises regarding limitations on our ability to help you go ashore.
5. Change in Itinerary/Cancellation/Cabotage Laws:
(a) Although we will use our best efforts to provide you with the Cruise, situations may occur which require that changes be made. By way of example only, we may adjust itineraries and schedules, change talent performing onboard the cruise, delay departures or arrivals without any further obligation to you to refund any portions of your fare or reimburse any of your expenses. If MSM17 cancels a Cruise, due to casualty, weather, labor problems, the need to render assistance to others, governmental or insurer directives, passenger or employee injury or illness, schedule delays or changes by third parties, repair and maintenance requirements, fuel or other shortages, or damage to the Ship, other means of transportation, roads, tracks, bridges, docks, equipment or machinery MSM17’s only obligation in MSM17’s sole discretion, is to you will be to reimburse the cost of your cabin or provide an alternative sailing. Furthermore, the Master of the Ship or of any other vessel as well as the operator of any other means of transportation may, in his/her sole discretion, elect not to proceed in the ordinary course. Consequently, we cannot guarantee the itinerary of the Cruise (including time of sailing from or arrival at any port or that all ports will, in fact, be called at, or that all places on your Cruise). We reserve the right to provide you with alternative transportation whenever the Cruise, is unable to proceed or be completed in the ordinary course.
(b) Your safety is very important to us. For safety or other reasons that we believe qualify as good cause, we may, without notice, substitute any suitable ship, ships or other means of transportation, change any date of sailing or travel or cancel any sailing.
(c) If the Cruise is cancelled (for reasons other than mechanical failures of the Ship), we may disembark you at any port or terminate your travel at any location, and transship and forward (at our expense, but at your risk) you and your property to or toward a port or location from which you may return home or to the Ship, as appropriate. The means of conveyance may or may not belong to us and may or may not proceed directly to the desired destination. If a Cruise, is cancelled before commencement, you will be entitled, as your exclusive remedy, is to receive the applicable Refund Amount. If a Cruise is cancelled after commencement, you will be entitled, as your exclusive remedy, to receive the applicable Refund Amount less a reasonable allowance for transportation and services already provided to you. The reasonable allowance will be determined on a pro rata basis by taking into account the time missed relative to the scheduled duration of the Cruise. Notwithstanding the foregoing, we are not obligated to issue any refund to you in the event of a cancelled Land Trip to Half Moon Cay. In the event a Cruise is terminated early due to mechanical failures of the Ship, you are entitled to transportation to the Ship’s scheduled port of disembarkation, or at our discretion to your home city, at our expense. When such disembarkation caused by mechanical failures of the Ship at an unscheduled port requires an overnight stay, you are also entitled to lodging at the unscheduled port of disembarkation at our expense. For sake of clarity, all payments made to MSM17 for the Cruise are non-refundable and nothing contained herein shall be construed to give you grounds to get a refund if you decide to cancel the Cruise. MSM17 will not be responsible for any loss incurred due to a cancelled/delayed flight or other means of transportation booked by you.
(d) You acknowledge that for round trip cruises commencing in a country that stop in other ports of that country, you may visit but may not permanently disembark in any port in that country other than the port of embarkation. If you do disembark in a different port in that country, a fine or penalty may be imposed by that country’s government. In consideration of the fare paid, you hereby agree to pay any such fine or penalty imposed because of your failure to complete the entire Cruise.
6. Authority to Deny Transportation, Confine and Remove Passengers: We may determine that for your safety, the safety of the Ship or other means of transportation or the safety or comfort of other passengers or our employees, you should be denied transportation or other services either before or during the Cruise. In any such circumstance you may be confined to your stateroom, quarantined, restrained or refused participation in any conduct or activities of any nature without liability to us for a refund, payment or compensation whatsoever. By way of example, these would include situations where: (a) you are or become in such condition as to be unfit to travel or dangerous or obnoxious to other passengers or employees; (b) you are inadmissible under the immigration or other laws of any country included in the Cruise, itinerary or fail at any time to possess required travel documents; (c) you fail to abide by the rules or orders of the Master or other Ship’s officers; or (d) you solicit other passengers or employees for commercial or professional purposes or advertise goods or services on board the Ship without our prior written permission. If transportation is denied after departure, you and your baggage may be landed or transported to any port or location that we select, without any resulting liability for refund, payment, compensation or credit on our part. If you are disembarked or any other actions are taken for any reason pursuant to this paragraph A.6, you will not be entitled to any refunds or damages.
7. Baggage: (a) We will carry as baggage only your personal effects consisting of wearing apparel, toilet articles and similar items for your wearing, comfort or convenience during the Cruise, s and not belonging to or intended for use by any other person or for sale. Radioactive materials, inflammable or hazardous items, controlled substances (other than lawfully obtained prescription drugs), firearms and illicit materials are strictly prohibited. For loading and unloading the Ship and other means of transportation, all baggage must be tendered for carriage in securely constructed and locked suitcases or trunks. All baggage must be able to be both safely stowed in your stateroom on the Ship and fit in the baggage compartment of any means of transportation. The only animals permitted to accompany you are qualified service animals for passengers with disabilities; you are responsible for complying with governmental health and other requirements as to service animals.
(b) We are not liable for: (1) any loss, damage or delay before baggage comes into our actual custody at the commencement of your Cruise or after baggage leaves our actual custody at the conclusion of your Cruise; (2) any loss, damage or delay while baggage is not in our custody which includes any period during which baggage is in the custody of airlines or (3) damage due to wear, tear or normal usage. For security and legal reasons, baggage is subject to search, and illegal or potentially unsafe property is subject to seizure, both before and during the Cruise.
(c) We do not assume any liability for any loss of or damage to or delay of perishable items, medicine, liquor, cash, credit or debit cards, jewelry, gold, silver or similar valuables, including but not limited to those specified in Title 46 of the United States Code section 30503, securities, financial instruments, records or other valuable or business documents, computers, cellular telephones, cameras, hearing aids, dental hardware, eyewear, electric wheelchairs, scooters, or other video or electronic equipment, binoculars, film, videotape, computer disks, audio disks, tapes or CDs. These items should not be left lying about the Ship or your stateroom, nor should they be left unattended on other vessels, railcars or other vehicles or in hotels, or placed in luggage other than a bag that you carry with you. In addition, we do not assume any liability for any loss of or damage to carry-on baggage left unattended on the Ship or on other means of transportation or in hotels. The Ship and certain hotels may be equipped with stateroom or room safes or safe-deposit boxes in the Ship's or hotel's Front Office; using these facilities will not, however, increase our liability as provided in this contract.
(d) The fare has been established on the basis of our assumption that the total value of your property that you are taking with you on the Cruise (exclusive of the items mentioned in Clause 7(c) above) will not exceed U.S. $100 per guest or U.S. $200 per stateroom/suite regardless of the number of occupants or bags. Accordingly, if we, due to any cause whatsoever, are liable for loss or damage to, or delay of, your property, the amount of our aggregate liability will not exceed U.S. $100/$200/$600 (as is applicable) unless you have specified to us the true value of your property and paid before commencement of the Cruise at the Ship's Front Office or directly to us, 1% of the value in excess of U.S. $100/$600 for HAL. In that event, our aggregate liability will be limited to the amount so specified. Whether or not a value in excess of U.S. $100/$200/$600/$3,000 has been specified, the limit on liability will be proportionately reduced in any case where less than all of your property is lost, damaged or delayed. Without increasing the above limits: (1) our aggregate liability will never exceed, and all settlements will be made on the basis of, original cost less depreciation; (2) damaged items will be settled on the basis of repair costs; and (3) lost, damaged or delayed baggage must be reported to Owner or MSM17’s representative within 48 hours after discovery and written claim to us must be made within 30 days after conclusion of the Cruise.
(e) Notwithstanding the foregoing, loss or damage to mobility and other medical equipment caused by our fault or neglect is subject to our sole discretion to either repair or replace the equipment.
8. Passenger Liability in Certain Cases: You will be required to indemnify and reimburse us for all expenses we incur as a result of any misrepresentation made by you, as a result of the need to provide you with medical services, as a result of your detention by immigration, health or port authorities, or as a result of any personal injury or damage caused by your acts or omissions or the acts or omissions of any passenger under age 21 traveling with you. We will have a lien for such expenses on your property that you have taken with you on your Cruise. If, due to weather or other unforeseen reasons, flights are adversely impacted or you are otherwise required to spend an additional night in a location, hotel and meal costs are your responsibility.
9. Travel Agents: Any travel agent you use in connection with your Cruise, acts solely for you and is deemed your agent. We are not responsible for the financial condition or integrity of any such travel agent. In the event that an agent fails to remit to us any monies paid by you to the agent, you remain liable for the fare due us, regardless of whether we demand payment before or after Initial Departure. Any refund made by us to an agent on your behalf is considered, for purposes of this contract, as being the same as payment to you whether or not the monies are delivered by the agent to you. Receipt of any documents or information by your travel agent, including but not limited to this contract, shall be deemed to constitute receipt by you.
10. Payment Terms:
(a) MSM17 has several payment plans available to you for the Cruise. By selecting one or more of the payment plans you authorize us to charge your Payment Method monthly or quarterly as selected without additional notice to you. You expressly agree not to dispute any credit card charges associated with this trip.
(b) Included/Excluded Charges: The cabin prices advertised are “cruise only” and are based upon double occupancy, except for “Singles.” The price does not include airfare, ground transportation, onboard purchases, purchased drinks onboard or excursions. It does include meals (except for meals at the specialty restaurants), shows and onboard events produced by MSM17.
(c) Port Charges/Taxes/Gratuities/Admin Fee: $325 per person is due when remaining balance is due. This payment satisfies guest’s total obligation for port charges, taxes, gratuities, and admin fees.
(d) Additional Passengers: The cost for 3rd and 4th passengers in a stateroom is $1,000 per person plus all applicable taxes and fees.
(e) All payments are non-refundable under any circumstances without exception. We expressly reserve the right to make changes to itineraries and entertainers without notice or further obligations to you.
(f) All payments to MSM17 are nonrefundable so we strongly encourage the purchase of Travel Protection. Please inquire at the time of booking about Travel Protection, as certain benefits are time sensitive, including Cancel For Any Reason (CFAR). CFAR coverage is 75% of the nonrefundable trip cost. Trip cancellation must be 48 hours or more prior to scheduled departure. CFAR must be purchased at the time of plan purchase and within 14 days of your initial trip deposit. This benefit is not available to residents of New York State.
(g) Unless otherwise noted, all prices on the website and any fees associated with the Cruise including any applicable taxes are quoted in United States Dollars (“USD”). All payments to MSM17 will be charged in USD to your selected payment method. You may incur an additional fee by your bank or credit card processor if it is an international transaction.
11. Eligibility; Passenger Condition: There are risks inherent to being aboard the Ship and other means of transportation. These include, by way of example, having to evacuate the Ship or other means of transportation in case of emergency, having to move about on the Ship or other vessels during rough seas and lack of access to full medical services. For people who are ill or who have a mental or physical disability or impairment, these risks are more significant. For example: access to all parts of the Ship, other means of transportation or to facilities on shore may be difficult or impossible for some passengers. In addition, medical evacuations during the Cruise, whether at sea, by tender, or by deviating from the scheduled itinerary, may create an increased risk of harm and may not be feasible for a variety of reasons. We reserve the right to determine, in our sole discretion exercised in good faith, whether and when a medical evacuation from the Ship will occur. For these reasons, we request that if you have any special medical, physical or other requirements, these be brought to our attention immediately upon receipt of this contract. In limited situations where you would be unable to satisfy certain specified safety and other criteria, even when provided with appropriate auxiliary aids and services, we reserve the right to refuse permission to participate in all or part of the Cruise. You are liable to us for any costs incurred for emergency medical care including medical care provided ashore, as well as transportation and/or lodging in connection therewith.
12. Compliance with Laws/Minors: Immigration, health and other laws, both in the United States and other countries, may require that you obtain a certain visa, hold a passport, be inoculated, obtain parental consent or otherwise obtain documentation prior to entering or returning to a country. It is your sole responsibility to take all steps as may be required to enable you to comply with these laws. The United States Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations regularly issue advisories and warnings to travelers. MSM17 strongly recommends that you obtain and consider such information when making travel decisions. MSM17 assumes no responsibility for gathering or providing said information to you. All persons under 18 years of age must be accompanied and supervised by a parent or guardian. Persons under 21 years of age are not permitted to consume alcoholic beverages and persons under 18 years of age are not permitted to gamble onboard the Ship; parents and guardians are obligated to insure compliance with this requirement.
13. Personal Information; Authority to Use and Sell Pictures, Video Images and Audio Recordings: Personal information we collect from you may be used by us or our affiliates for marketing purposes; it will not, however, be sold to unaffiliated third parties. In addition, some governmental and quasi-governmental agencies require or request that we provide them with your personal information. You authorize us to use and/or provide to others your personal information as described above and acknowledge that we do not assume any liability to you for our doing so. We periodically photograph or otherwise film people participating in Cruises for retail, marketing, promotional, publicity and training purposes. Without any requirement that we compensate you or obtain any additional approvals from you, you authorize us to include photographic, video recordings and other visual portrayals of you, as well as voice recordings included with any videos, in photographs, videos, DVDs or other media that we sell at retail or that we use for marketing, promotional, publicity and/or training activities in all media now known or hereafter devised without any limitations whatsoever. You expressly agree not to use any photograph, video recordings and other visual or audio portrayals of you and/or any other guest in combination with crew or the Ship, or depicting the Ship, 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 the MSM17 or Owner.
14. Transferability; Separability: This contract cannot be transferred by you. Any additions, deletions or other alterations to, or waivers of any term of, this contract which are purported to have been made by us and which have not been agreed to in writing by the President of MSM17 will not be legally binding upon us. Any provision of this contract which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and the validity and enforceability of the remaining terms and conditions of this contract will not otherwise be affected, nor will the validity and enforceability of such provision be affected in any other jurisdiction.
15. Passenger Bill of Rights: In the event of a direct conflict between a provision of this contract and a provision of the Cruise Industry Passenger Bill of Rights (PBOR) in effect at the time of booking, the PBOR controls.
B. THE CRUISE
1. Hostilities: Although unlikely, the Ship may be confronted by actual or threatened war, warlike operations or hostilities. In addition to our right to deal with this situation under our general right to respond to safety concerns, we may also decide that it would be prudent for the Ship to sail with or without lights, omit observance of practices, rules and regulations as to navigation, cargo or others applicable in time of peace, or sail armed or unarmed and with or without convoy.
2. Photography: MSM17 may take photographs or film of its Cruise and Cruise participants, and participant grants MSM17 express permission to do so and grants MSM17 permission to use such photographs/film for promotional or commercial use.
Malt Shop Cruise ’17, LLC including its affiliate, subsidiary and parent companies, all entertainers performing on the ship and their agents and Holland America Cruise Line neither controls, nor operates, nor are they responsible for the actions of independent contractors such as airlines, railroad companies, tour operators or ground transporters. The above said deny any responsibility for liability for late arrival of your flight or train or for any illness, injury, damage, loss of cruise time or other irregularities resulting there from. You are responsible for arriving at the respective ports on time for embarkation and for joining the vessel at its next port of call if, for any reason you miss a scheduled sailing. Your signature is binding. We reserve the right to change all itineraries and entertainers without notice and with no further obligation. Any dispute arising from this reservation must be settled in Washington.