12. LIMITATIONS OF TRANS WORLD CRUISE’S LIABILITY
(a) In consideration for the fare paid, it is agreed that TWC shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by TWC nor for any intentional or negligent acts of TWC’s employees committed while off duty or outside the course and scope of their employment.
(b) In consideration for the fare paid, it is agreed that TWC shall have no liability as a consequence of guest's use of ship's athletic or recreational equipment or as a consequence of guest's decision to participate in any athletic or recreational activity or event.
(c) On international cruises which neither embark, disembark nor call at any European or U.S. port and where the Guest commences the cruise by embarkation or disembarks at the end of the Cruise in a port of a European Member State, TWC 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), TWC’s 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 TWC’s fault or neglect. If the loss or damage was caused by a shipping incident, TWC’s 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 TWC proves that the shipping incident occurred without TWC’s 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, TWC’s liability for any personal injury or death (whether occurring during a shipping incident or a 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. Visit the European Commission website for a copy of EU Regulation 392/2009 :
In addition, Guests embarking a cruise in a European Member State port are afforded rights under EU Regulation 1177/2010. Visit TWC’s website for additional information on:
EU Regulation 392/2009.
(d) TWC shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of TWC and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to be intentionally inflicted by TWC.
(e) In addition to all the restrictions and exemptions from liability provided in this Contract, including under clause 12(c) for cruises that embark or disembark in a port of a European Member State, on all cruises TWC shall also have the benefit of all statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited Title 46 of the United States Code sections 30501 through 30509, and 30511. Nothing in this Contract is intended to nor shall it operate to limit or deprive TWC or any such statutory limitation of or exoneration from liability under any applicable laws.
13. JURISDICTION, VENUE, ARBITRATION, TIME LIMITS FOR CLAIMS AND GOVERNING LAW
(a) TWC shall not be liable for any claims whatsoever for personal injury, illness or death of the Guest, unless full particulars in writing are given to TWC within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on TWC within 120 days after filing. Guest expressly waives all other potentially applicable national, state or federal limitations periods.
(b) TWC shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the Guest, unless full particulars in writing are given to TWC within 30 days after the Guest is landed from the Vessel or in the case the Voyage is abandoned, within 30 days thereafter. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six months after the date Guest is landed from the Vessel or in the case the Voyage is abandoned, within six months thereafter, and unless served upon TWC within 120 days after commencement. Guest expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the ADA, trade practices and/or advertising.
(c) Except as provided in Clause 13 (d) below, it is agreed by and between the Guest and TWC that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Guest’s cruise, including travel to and from the vessel, shall be litigated, if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the Courts of any other county, state or country.
(d) Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest, whether brought in personal or in rem or 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 Guest’s cruise, no matter how described, pleaded or styled, between the Guest and TWC, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in Miami-Dade County, Florida, U.S.A. to the exclusion of any other forum. Guest hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in Miami-Dade, Florida. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference. If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, you can contact them at: National Arbitration and Mediation, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, telephone number (800) 358-2550.
NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR TWC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. TWC and Guest further agree to permit the taking of a deposition under oath of the Guest asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of Clause 13 (c) above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Clause.
(e) Except as expressly provided in Clause 12 (c), any and all disputes whatsoever arising out of or relating to this Contract or Guest’s Cruise as well as the interpretation, applicability and enforcement of this Contract shall be governed exclusively by the general federal maritime law of the United States, without regard to choice of law rules, which replaces, supersedes and preempts any provision of law of any other state or nation; however, the terms of this Contract do not displace non-excludable consumer laws applicable in jurisdictions outside the United States.
14. CLASS ACTION WAIVER
THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE 13 (d) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 13 (d) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
15. TRANS WORLD CRUISE’S USE OF GUEST’S LIKENESS
Each Guest grants TWC and/or its promotional partners the exclusive right to include photographic, video and other visual portrayals of Guest in any medium of any nature whatsoever for any purpose including without limitation trade, advertising, sales, publicity or otherwise, without compensation to Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be TWC’s sole property, free from any claims by Guest or any person deriving any rights or interest from Guest. Each Guest understands and agrees that professional onboard photographers may photograph Guest, and that those photos may be processed, displayed and sold to Guests and others.
16. GUEST’S USE OF PHOTOS, VIDEOS OR RECORDINGS PROHIBITED
Guest hereby expressly agrees that he/she will not utilize any tape recording, video, or photograph(s) of himself/herself, any other Guest, crew, or third party on board the vessel, or depicting the vessel, its design, 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 TWC. Guest acknowledges that by boarding the vessel, at any time, Guest irrevocably agrees to this provision, which is a condition precedent to being permitted on board the vessel and can be enforced by any legal means, including, but not limited to, injunctive relief.
17. GUEST’S OBLIGATIONS FOR EXPENSES OR IF CONFINED, DENIED BOARDING OR DISEMBARKED
(a) Guest agrees if TWC incurs any expense or sustains any damage as delineated in but not limited to Clauses 2, 4, 8, 10 and this Clause, that TWC may charge Guest’s on-board charge account for any expense incurred or damage sustained.
(b) If guest is denied boarding, confined to a stateroom or disembarked from the vessel pursuant to any provision of this contract, including but not limited to Clauses 2, 4. 5, or 8, guest agrees:
- TWC will not be liable for any refund of Cruise Fare, other compensation or any damages;
- All rights under TWC’s Vacation Guarantee are forfeited. This forfeiture also applies to any guest who disembarks because another guest is disembarked;
- Disembarkation and repatriation to the embarkation port or any other destination will be at guest’s sole expense; and,
- To indemnify TWC and that TWC may charge Guest’s on-board charge account for any and all expenses incurred by TWC in relation to Guest’s disembarkation and/or repatriation.
IMPORTANT TERMS AND CONDITIONS FOR NON CRUISE PORTIONS OF VACATION PACKAGES PLEASE READ CAREFULLY
18. Please see above Clauses for the applicable terms and conditions for the cruise portion of Guests vacations. The terms and conditions in Clauses 18 through 28 apply only to TWC’s responsibilities for non-cruise portions of vacation packages. Other terms and conditions with respect to air travel, hotel and other non-cruise activities may be applied by the entities providing those services.
19. The payment of the required deposit or any partial or full payment for reservation of a land package before or after the cruise shall constitute acceptance and consent to all of the terms and conditions of this Contract and the General Information and Vacation Package Conditions and Restrictions contained in the brochure for such vacation package and/or the brochures and circulars of the suppliers. These provisions are hereby incorporated by reference in this Contract and vacation package Guests (hereinafter referred to as Guests) are advised to take note of them.
20. For purposes of Clauses 18 through 28 “TWC” refers to Trans World Cruise, its affiliates, subsidiary companies, agents, servants, and employees. TWC is the principal tour operator and its responsibility to Guests is limited to the arrangement of all tours and accommodations offered in these vacation packages. TWC shall not be responsible for personal injuries, death, or property damage, economic loss, inconvenience or delay, consequential damages, or change of itinerary or accommodations incurred by any person or Guest which may occur due to acts or omissions or tortuous conduct on the part of any direct or supplemental air carrier, hotel or other suppliers of arrangements and services or other independent contractors, their employees, agents or others not under the direct control of TWC.
21. TWC reserves the right to decline to accept or to reject any person as a Guest, at any time, or to cancel a vacation package due to circumstances beyond the control of TWC.
22. TWC reserves the right to substitute hotels for other hotels in a similar category, to substitute air carriers, and to change schedules without prior notice should circumstances so require.
23. If a change in the itinerary is needed due to factors or conditions beyond TWC'S control, no refund or credit will be made, however, TWC will make an effort to provide accommodations and services of a comparable quality and standard as set forth in the brochure. Any such change shall not modify the cancellation provisions in the brochure. No credit will be allowed or refund given for any services provided in the brochure should any such services not be utilized by Participants.
24. TWC makes no representations or warranties, implied or otherwise, in regard to the reliability of suppliers or independent contractors, nor does it assume a duty of safety or responsibility for the independent acts of suppliers, independent contractors, their employees or agents.
25. Vacation packages are non-transferable. Fares shall be deemed to be earned when paid and non-refundable unless otherwise expressly stated in the cancellation provisions in the brochure.
26. TWC shall not be liable for any claims whatsoever other than for personal injury, illness or death, of the Guest unless full particulars thereof in writing are given to TWC within 30 days after the Guest shall complete the packages, or in the case that the tour is abandoned, within 30 days thereafter. Suit to recover any claim shall not be maintainable in any event unless commenced within six months after the date of the loss.
27. TWC shall not be liable for any claims whatsoever for personal injury, or illness or death of the Guest unless full particulars in writing are given to TWC within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on TWC within 120 days after filing.
28. It is agreed by Guest and TWC that all disputes between Guest and TWC arising under or in connection with a vacation package shall be litigated, if at all, in and before the United States District Court for the Southern District of Florida in Miami-Dade County, Florida, U.S.A., to the exclusion of the courts of any other state or county.
IMPORTANT ADDITIONAL TERMS AND CONDITIONS FOR TWC’S AIR PROGRAMS
29. Arrangements by Trans World Cruises: If you are participating in our Membership Sea & Fly Miles program, and Tour package, TWC will arrange for air transportation from the select home cities offered to an airport near the departure point of your Cruise or Cruise tour and return air transportation from an airport near the termination point of your Cruise or Cruise tour to the home city from which you departed. Please refer to TWC’s web page for additional information on our Sea & Fly Miles program and destinations. TWC reserves the right to add or withdraw an air city at any time, but will attempt to accommodate those Guests under deposit or final payment. Air bookings are not guaranteed and are subject to air carrier’s availability and restrictions. Guest who purchased the Sea & Fly Miles program will be responsible for securing their own hotel accommodations and will be responsible for hotel, taxes, porter age and transportation between the hotel and the airport/pier.
30. Schedule Changes/Air Delays: TWC strives to accommodate each Guest on flights that will ensure timely arrival and boarding of your ship. In the event that the Guest is precluded from a timely arrival to the port of embarkation, as a result of weather conditions or other flight delays, TWC, at its own expense, will make the flight, transportation, and lodging arrangements necessary to coordinate for the Guest’s successful boarding at ship’s next port of call.TWC reserves the right to change or alter, without notice, flight arrangements in order to meet our ship departure and/or arrival times. Guest will be notified of flight re-accommodations. If tickets have already been issued, TWC will adjust your itinerary or air carrier accordingly and will notify Guests of any price adjustments that may be necessary. If you choose to cancel your flight arrangements or alter your airline schedule in any way once your tickets have been issued you will be responsible for any additional cost or fees resulting from the cancellation or change, which can total up to the full cost of the ticket. If you request TWC’s assistance with a change in airline arrangements, within 60 days of departure and you purchased Sea & Fly Miles Flexible Fare program, a service fee of $200 USD, or its equivalent in foreign currency, will be levied in addition to any charges imposed by the airlines. If you purchased the Sea & Fly Miles Restricted Fare program and you chose to make a change, all airline imposed change fees will be levied regardless of when the change is made.
31. Refunds/Seat Assignments/Special Services/Fares/Lost Tickets/Baggage Charges: Failure to use your Sea & Fly Miles airline ticket/s results in a waiver of its value and any compensation; unused airline tickets are only refundable to TWC. Please note that because of changing airline tariffs, your actual air ticket may reflect fares higher or lower than the air add-on or cruise only credit amounts originally quoted. If so, the difference is neither chargeable nor refundable to you; you will be charged the amount originally quoted. TWC reserves the right to pass on to the Guest any cancellation or change penalties, which may total up to the amount originally quoted. It is your sole responsibility to re-confirm flight arrangements, within 48 hours of flight departure. Please note that although TWC can pass requests for seat assignments, special meals and special assistance to the airlines, we cannot guarantee that such requests will be honored. For the best travel experience, we recommend that Guests or their travel agents contact the airlines directly to confirm these requests. TWC is not responsible for airline schedule changes. Guests are responsible for luggage fees, excess luggage charges as well as any other charges imposed by airlines or airports. For additional information on airline’s baggage charges and fees please refer to TWC claim office and reference against the Travel Information page you received along with your cabin confirmation or the Travel Information page in your cruise document accessed through Manage My Cruise. If a paper ticket is issued instead of an E-ticket, the original paper ticket must be returned to TWC; any outstanding refund will be held pending the receipt of the paper tickets.
32. Liability and Relationship with Airlines: If TWC is unable to arrange for air transportation for any cause beyond TWC’s control, such as airline capacity controls, air transportation arranged is no longer available, or otherwise fails to materialize, TWC’s sole liability will be limited to refunding the air add-on paid or cruise only credit. TWC acts as an independent travel agent, and it is not affiliated with the airline carriers. TWC books air as a convenience for the Guests. TWC assumes no liability for any of the airlines’ acts or omissions, including, without limitation, those involving cancellation of flights, schedule changes, re-routings, damage to or delay or loss of baggage, flight delays, equipment failures, accidents, pilot or other staff shortages, overbooking or clerical/system errors. Your rights against the airlines are controlled and subject to the terms and conditions set forth in the airline’s ticket and tariffs, and any and all applicable laws and regulations.
INTERNATIONAL CRUISE LINE PASSENGER BILL OF RIGHT
The Members of the Cruise Lines International Association are dedicated to the comfort and care of all passengers on oceangoing cruises throughout the world. To fulfill this commitment, our Members have agreed to adopt the following set of passenger rights:
1. The right to disembark a docked ship if essential provisions such as food, water, restroom facilities and access to medical care cannot adequately be provided onboard, subject only to the Master’s concern for passenger safety and security and customs and immigration requirements of the port.
2. The right to a full refund for a trip that is canceled prior to voyage embarkation due to mechanical failures, or a partial refund for voyages that are terminated early due to those failures.
3. The right to have available on board ships operating beyond rivers or coastal waters full-time, professional emergency medical attention, as needed until shore side medical care becomes available.
4. The right to timely information updates as to any adjustments in the itinerary of the ship in the event of a mechanical failure or emergency, as well as timely updates of the status of efforts to address mechanical failures.
5. The right to a ship crew that is properly trained in emergency and evacuation procedures.
6. The right to an emergency power source in the case of a main generator failure.
7. The right to transportation to the ship’s scheduled port of disembarkation or the passenger’s home city in the event a cruise is terminated early due to mechanical failures.
8. The right to lodging if disembarkation and an overnight stay in an unscheduled port are required when a cruise is terminated early due to mechanical failures.
9. The right to have included on each cruise line’s website a toll-free phone line that can be used for questions or information concerning any aspect of shipboard operations.
10. The right to have this Cruise Line Passenger Bill of Rights published on each line’s website.
- << Prev
- Next