6. CANCELLATION BY GUEST, REFUNDS
Reservations will be held until 30 minutes prior to voyage departure. No refunds will be made in the event of “no shows”, unused tickets, lost tickets, interruptions, partially used tickets, cancellations received late or after the start of the cruise, or for Pack & Go program purchases. TWC strongly recommends the purchase of trip cancellation insurance from your travel agent. Cancellation charges for individual bookings will be assessed as listed below. For cancellation charges related to group bookings, partial ship charters or full ship charters refer to your charter contract or group booking agreement for terms and conditions.
7. TRANS WORLD’S RIGHT TO INCREASE FARES, CANCEL OR CHANGE VOYAGE, CHANGE STATEROOM ASSIGNMENTS:
(a) TWC reserves the right to increase published fares and air fare supplements without prior notice. However, fully paid or deposited Guests will be protected, except for fares listed, quoted, advertised or booked in error, fuel supplements, government taxes, other surcharges and changes to deposit, payment and cancellation terms/conditions, which are subject to change without notice. In the event that a cruise fare listed, quoted or advertised through any website, TWC sales person, travel agent or any other source is booked but is incorrect due to an electronic error, typographical error, human error or any other error causing the fare to be listed, quoted or advertised for an amount not intended by TWC, TWC reserves the right to correct the erroneous fare by requesting the Guest to pay the correct fare intended, or by canceling the cruise in exchange for a full refund, but in no event shall TWC be obligated to honor any such booking resulting from the error or otherwise be liable in such circumstances.
(b) TWC reserves the right to offer promotional cruise fares that require a minimum occupancy requirement per cabin. When the booked cruise fare is contingent on a minimum occupancy requirement per cabin, cancellation by one or more Guests in a cabin may cause an adjustment to the remaining Guests booked cruise fare based on the prevailing and available rate at the time of the cancellation (“recalculated fare”). Final payment in full of the recalculated fares for all remaining Guests in a cabin is due by 11:59:59 p.m. EST on the eve before the start of the cancellation penalty period. Failure to make timely final payment in full of the recalculated fares by all remaining Guests in a cabin will result in automatic cancellation of the reservation for the entire cabin.
(c) TWC has the right without previous notice to cancel this contract at the port of embarkation or any time during the voyage and shall thereupon return to the Guest, if the Contract is completely canceled, his Cruise Fare, or, if the Contract is partially canceled, a proportionate part thereof. Under such circumstances, TWC shall have no further liability for damages or compensation of any kind. In the event a voyage is terminated early due to mechanical failure of the Vessel, Guest is also entitled to transportation to the Vessel’s scheduled port of disembarkation or Guest’s home city, at TWC’s discretion and expense, as well as necessary lodging at the unscheduled port of disembarkation, if required, at TWC’s expense.
(d) The Vessel shall be entitled to leave and enter ports with or without pilots or tugs, to tow and assist other vessels in any circumstances, to return to or enter any port at the Master’s discretion and for any purpose, and to deviate in any direction or for any purpose from the direct or usual course, and to omit or change any or all port calls, arrival or departure times, with or without notice, for any reason whatsoever, including but not limited to safety, security, adverse weather, strikes, tides, hostilities, civil unrest, port closings, emergency debarkations of Guests or crew, late air, sea, car or motor coach departures or arrivals, mechanical breakdowns, US or foreign governmental advisories or travel warnings, all such deviations being considered as forming part of and included in the proposed voyage. Except as provided in Clause 7(c) with regard to early termination of a voyage, TWC shall have no liability for any compensation or other damages in such circumstances other than as provided by TWC’s change of itinerary policy at the time Guest or his agent acknowledges receipt and acceptance of the terms and conditions of the cruise ticket contract. TWC’s change of itinerary policy can be found at www.transworldcruises.com .
(e) Except as provided in Clause 7(c), if the performance of the proposed voyage is hindered or prevented (or in the opinion of TWC or the Master is likely to be hindered or prevented) by war, hostilities, blockage, ice, labor conflicts, strikes on board or ashore, restraint of Princes, Rulers or People, seizure under legal process, breakdown of the Vessel, congestion, docking difficulties or any other cause whatsoever or if TWC or the Master considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the port of Guest’s destination may expose the Vessel to risk or loss or damage or be likely to delay her, the Guest and his baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call, at which time the responsibility of TWC shall cease and this contract shall be deemed to have been fully performed, or if the Guest has not embarked, TWC may cancel the proposed voyage without liability to refund passage money or fares paid in advance.
(f) TWC and the Master shall have liberty to comply with any orders, recommendations or directions whatsoever given by the Government or Department of any nation or by any person acting or purporting to act with the authority of such Government or Department or by any Committee or person having under the terms of the War Risks Insurance on the Vessel the right to give such orders, recommendations or directions, and if by reason of, and in compliance with any such orders, recommendations or directions anything is done or is not done the same shall not be deemed a deviation or a breach of this contract. Disembarkation of any Guest or discharge of baggage in accordance with such orders, recommendations or directions shall constitute due and proper fulfillment of the obligation of TWC under this Contract.
(g) Specific stateroom assignments are not guaranteed. TWC reserves the right to move Guests to a comparable stateroom for any reason, including but not limited to, instances in which a stateroom is booked with fewer than the maximum number of Guests the stateroom can accommodate; or when a partial Guest cancellation occurs and the remaining number of Guests do not match the maximum number of Guests the stateroom can accommodate.
8. COMPLIANCE WITH RULES, SOLICITATION, SMOKING, DRINKING, ILLEGAL ACTIVITY, SEARCHES, AND BEVERAGE POLICY
(a) Guest agrees during the course of the voyage to follow the directions of the ship’s Master, or his authorized officers. Guest further agrees not to solicit anyone on the vessel for any commercial or professional purposes. Guest agrees that any violation of this Clause may subject Guest to disembarkation.
(b) Guest acknowledges that TWC’s vessels contain non-smoking sections. Guest agrees to refrain from smoking in those sections and agrees that TWC has the right to disembark the Guest for failure to observe TWC’s non-smoking policy.
(c) Any and all forms of smoking, including but not limited to, cigarettes, cigars, electronic cigarettes, and personal vaporizers, are strictly prohibited onboard except in designated exterior open deck areas, certain night clubs, and designated areas in the casino. All staterooms and suite accommodations are entirely smoke free, including the outside balcony (Effective October 9, 2014). Guest agrees to strictly comply with TWC’s non-smoking policy. Guest further acknowledges and agrees that any violation of this policy shall, in the sole discretion of TWC, constitute a material breach of this cruise contract. In the event of such breach, Guest forfeits all rights hereunder, including the right to remain on board. TWC reserves the right to disembark the Guest(s), at any port, as determined by TWC. TWC shall not be liable for any refund or other compensation or damages whatsoever to any Guest disembarked pursuant to this provision, or who disembarks because another Guest is so disembarked, and all such Guests forfeit all rights under TWC’s “Vacation Guarantee.” Guest and TWC further agree that any violation of the non-smoking policy would also cause TWC to incur damages, including but not limited to, loss of Guest goodwill, revenue, cleaning, maintenance and/or other costs. Guest and TWC expressly acknowledge the difficulty of ascertaining the amount of such damages, and therefore agree that a reasonable estimate of the damages for any violation of the non-smoking policy is $250 USD. Guest authorizes a charge in this amount as liquidated damages, as well as repatriation expenses (including airfare) against Guest’s on board charge account, without further notice, for any violation of the non-smoking policy.
(d) Guest agrees, in all ports of call, to return to the Vessel not less than 30 minutes before the scheduled departure time. Guest further acknowledges that shipboard and shore side clocks may have different times, but it is Guest’s responsibility to return to the vessel so as not to miss vessel’s departure. Any costs associated with transporting Guest to rejoin the vessel including, but not limited to, governmental fees, visa fees, subsistence, lodging, air fare, launch fare, car hire or agency fees shall be for the account of Guest.
(e) TWC has a “zero tolerance” policy toward any illegal activity or behavior by Guests or crew aboard. Guest agrees to comply with this policy and further acknowledges that it is TWC’s policy to report incidents of illegal activity or behavior to the appropriate law enforcement authorities.
(f) Beverage Policy: For safety reasons, Guests are prohibited from bringing alcoholic beverages on board with the following exception: At the beginning of the cruise during embarkation day, Guests (21 years of age and older) may carry on in their hand luggage, one 750 ml bottle of sealed/unopened wine or champagne per person. A $15 corkage fee (a charge exacted at a restaurant for every bottle of wine served that was not bought on the premises), per 750 ml bottle, will be charged should Guests wish to consume their wine or champagne in a main dining room, steakhouse or bar. Guests are also prohibited from bringing water, sodas and other non-alcoholic beverages on board that are packaged in bottles. A small quantity of non-alcoholic beverages (i.e., sparkling water, sodas, juice, milk) packaged in cans or cartons may be brought on board on embarkation day, only if carried on in Guests’ hand luggage (not in checked luggage). A small quantity is considered a maximum of 12 sealed, unopened cans/cartons of 12 ounces each or less per person. Any hard liquor, beer, other forms of alcoholic beverage, and non-alcoholic beverages, outside of the exceptions referenced above, are strictly prohibited (in both carry-on and checked luggage) and such items will be confiscated and discarded and no compensation will be provided. Alcoholic beverages purchased in the vessel’s gift shops or at a port of call will be retained by TWC until the end of the voyage. TWC reserves the right to refuse to serve alcohol to any passenger. Guest acknowledges that the minimum age permitted for the purchase, possession or consumption of alcoholic beverages aboard TWC’s vessels is twenty-one (21). Guest agrees to supervise all persons under age twenty-one (21) under Guest’s charge to insure that they do not violate this, or any other, shipboard regulation. Guests who attempt to purchase alcohol by using false identification or the Sail & Sign card of a Guest who is twenty-one or older will be deemed in violation of this policy. Any Guest twenty-one or older who attempts to or purchases alcohol for any Guest under twenty-one will also be deemed in violation of this policy. Guest agrees that TWC has the right to disembark any Guest who violates this policy and as well as any adults traveling with minors who violate this policy or any other shipboard regulation.
9. PERSONAL DATA; VIDEO SURVEILLANCE; RIGHT TO SEARCH OR INSPECT; PRIVACY NOTICE AND PUBLIC WIRELESS SERVICES
(a) TWC may utilize closed circuit television or other surveillance means onboard the vessel.
(b) All Guests agree TWC has, at all times with or without notice, the right to enter and search Guest’s stateroom, personal safe or storage spaces, or to search or screen any Guest, and/or personal effects, at any location, to ensure compliance with any of the restrictions set forth in this agreement. Any Guest who refuses any such search or screening may be denied boarding or disembarked and no refund of the cruise fare will be issued.
(c) Guests may provide personal data to TWC that may include names, postal or email addresses, date of birth, passport information, financial account, telephone numbers, likenesses, photographs or other information which would identify Guests personally. Guests may also provide TWC or others certain sensitive data such as health, medical, dietary, religious, gender or sexual orientation information. All Guests agree that TWC may (1) keep their personal and sensitive data, (2) use it in its business worldwide in accordance with its published privacy policies, (3) share it with its affiliated or related companies and (4) subject it to processing worldwide provided TWC’s safeguards are used. All Guests agree that any personal or sensitive data provided to TWC in the European Economic Area may be used, processed and transferred worldwide including to the U.S.
(d) All Guests agree that TWC may disclose personal or sensitive data to unaffiliated third parties (1) with the Guest’s consent or authorization, (2) to help complete a transaction for the Guest, (3) to comply with law, applicable regulations, governmental and quasi-governmental requests, orders or legal process, (4) to enforce this or other agreements or protect the rights, safety or property of TWC or others, (5) as part of a purchase, sale, or transfer of assets or our business, (6) to TWC’s agents or service providers to perform functions on its behalf, or (7) as otherwise described in TWC’s published privacy policies, as amended from time to time.
(e) TWC may, but will not be required to, make wireless access to the Internet or access to wireless telephone services ("Wireless Services") available to Guests on board either directly or through a third party service provider. All Guests agree that use of Wireless Services is at their own risk and that TWC shall not be liable to Guests in any manner for claims, losses or damages resulting there from. Guests’ use of Wireless Services onboard is public; privacy of any information sent or received is not guaranteed. Personal data may be available to third-party service providers and TWC is not liable under any circumstances for any lack of privacy while using Wireless Services. All Guests agree that TWC has the right, but not the obligation to monitor, record, intercept and disclose any transmissions over or using Wireless Services aboard the vessel, and to provide billing, account, or use records, and related information relating to all Wireless Services as it deems appropriate in its sole discretion (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect TWC's rights, passengers or property). All Guests agree that their use of Wireless Services is governed by TWC's Terms and Conditions of Wireless Services [contained in your Folio or available on connection to the internet in addition to] any terms and conditions imposed by a third-party Wireless Services provider.
(f) TWC may use facial recognition technology on all photos taken by TWC during Guest's voyage as well as those photos Guest uploads to TWC mobile app. When Guest downloads TWC's mobile app, Guest will be asked for consent to have himself/herself identified using facial recognition technology, so that Guest can locate pictures that onboard photographers and other Guests have taken during Guest’s voyage. If Guest consents, TWC will match these other photos to Guest’s name and SPMS Guest ID. If Guest does not consent to be identified via facial recognition technology, others' photos will not be connected to Guest’s name or SPMS Guest ID. TWC deletes all un-identified photos within thirty (30) days after the end of each voyage. Any photos that have been identified and linked to Guest's SPMS Guest ID will be retained for thirty (30) days after the end of the voyage. TWC does not share facial recognition records with any third parties outside of the Trans World Corporation of companies.
10. GUEST’S REIMBURSEMENT FOR FINES, EXPENSES, DEBTS AND DAMAGES
(a) The Guest shall be liable to and shall reimburse TWC or the Master for any fines or penalties imposed on TWC by any government, governmental agency or official, port or port official, for Guest’s failure to observe or comply with local requirements in respect of immigration, border patrol, customs and excise, agriculture, health or any other government regulation whatsoever.
(b) The Guest or Guest’s estate shall be liable to and shall reimburse TWC for all deviation expenses (including loss of revenue), damages to the Vessel, its furnishings, operations or equipment, or any property of TWC caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or any minors traveling with Guest. The Guest or Guest’s estate shall defend and indemnify TWC and the Vessel, their servants and agents against liability which TWC or the Vessel or such servants or agents may incur towards any person, company or Government for any damage to property, personal injury or death caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or minors traveling with Guest.
(c) TWC and the Vessel shall have a lien upon all baggage, money and other property whatsoever accompanying the Guest and the right to sell the same by public auction or otherwise for all sums whatsoever due from the Guest under this Contract and for the costs and expenses of enforcing such lien and such sale.
11. INDEPENDENT CONTRACTORS, SHORE EXCURSIONS AND OTHER SERVICES
(a) Guest acknowledges that all Shore excursions/tours (whether conducted in the water, on land or by air), airline flights and ground transportation, as well as the ship’s physician, and on board concessions (including but not limited to, the gift shops, spa, beauty salon, fitness center, golf and art programs, video/snorkel concession) are either operated by or are independent contractors. Even though TWC shall be entitled to collect a fee and earn a profit from the ticketing or sale of such services by such persons or entities, TWC neither supervises nor controls their actions, nor makes any representation either expressed or implied as to their suitability. TWC, in arranging for the services called for by the physician or nurse, all on board concessions, all shore excursion/tour tickets, all pre and post cruise airline flights or other transportation off of the ship and its tenders, does so only as a convenience for the Guest and Guests are free to use or not use these services. Guest agrees that TWC assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Guest and/or Guest’s baggage, property or effects in connection with said services. Guests use the services of all independent contractors at the Guest’s sole risk. Independent contractors are entitled to make a proper charge for any service performed with respect to a Guest.
(b) Guest acknowledges that the ship’s physician, nurse, masseuse, barber, hair dresser, manicurist, fitness or golf instructor, videographer, art auctioneer, gift shop personnel, wedding planners or other providers of personal services are employees of independent contractors and TWC is not responsible for their actions. Guest further acknowledges that although independent contractors or their employees may use signage or clothing which contains the name “TWC” or other related trade names or logos, the independent contractor status remains unchanged. Independent contractors, their employees and assistants are not agents, servants or employees of TWC and have no authority to act on behalf of TWC.