IMPORTANT NOTICE TO GUESTS: THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY TRANS WORLD CRUISES TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW.
NOTICE: THE ATTENTION OF GUEST IS ESPECIALLY DIRECTED TO CLAUSES 1, 4, AND 12 THROUGH 14, WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS TO ASSERT CLAIMS AGAINST TRANS WORLD CRUISES , THE VESSEL, THEIR AGENTS AND EMPLOYEES, AND OTHERS, INCLUDING FORUM SELECTION, CHOICE OF LAW, ARBITRATION AND WAIVER OF JURY TRIAL FOR CERTAIN CLAIMS.
IMPORTANT TERMS AND CONDITIONS OF CONTRACT – READ CAREFULLY
In consideration of the receipt of the full cruise fare, Trans World Cruises (“TWC”) agrees to transport Guest on the above - specified voyage on the following terms and conditions:
1. DEFINITIONS AND SCOPE OF CONTRACT
(a) Whenever the term “Trans World Cruises” or TWC is used in this Contract it shall mean and include the Vessel, and all its owners, officers, directors, managers, members, insurers, operators, employees, agents, charterers and tenders. The term “Guest” shall include the plural where appropriate, and means all persons or entities booking or purchasing passage and/or traveling under this Contract, including heirs, representatives and any accompanying minors. The masculine includes the feminine. “Guest” shall have the same meaning as “Passenger” or “you” in this Contract.
(b) “Cruise Fare” or “Fare” means the amount paid for the cruise which includes stateroom accommodations, full board, and ordinary ship’s food during the voyage, but not gratuities, spirits, wine, beer, soft drinks or mineral waters, shore excursions, salon and spa services, TWC LIVE concerts, or any other incidental charge or expense. The cruise fare shall be deemed to be earned when paid and not refundable except as stated in TWC’s brochure applicable to the voyage and as provided in Clauses 6 and 7, herein.
(c) Cruise Fare does not include Cruise Taxes, Fees, and Port Expenses. “Cruise Taxes, Fees, and Port Expenses” may include any and all fees, charges, tolls and taxes imposed on TWC, by governmental or quasi-governmental authorities, as well as third party fees and charges arising from a vessel’s presence in a harbor or port. Cruise Taxes, Fees and Port Expenses may include Country’s Customs fees, head taxes, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, pilotage, immigration and naturalization fees, and Internal Revenue Service fees, as well as fees associated with navigation, berthing, stevedoring, baggage handling/storage, and security services. Cruise Taxes, Fees, and Port Expenses may be assessed per passenger, per berth, per ton or per vessel. Assessments calculated on a per ton or per vessel basis will be spread over the number of passengers on the Vessel. Cruise Taxes, Fees and Port Expenses are subject to change and TWC reserves the right to collect any increases in effect at the time of sailing even if the fare has already been paid in full.
(d) Cruise Fare does not include fuel supplement charges, security surcharges, or similar incidental surcharges (“surcharges”); TWC reserves the right to impose or pass any of these surcharges and no right of cancellation shall be implied. “Fuel supplement” shall mean any additional charge to defray a portion of TWC’s fuel costs. The amount of fuel supplements and government fees and taxes collected are subject to change.
(e) This ticket is valid only for the person(s) named hereon as Guests and cannot be transferred or modified without TWC’s written consent. The acceptance or use of this ticket by the person(s) named hereon as Guests shall be deemed acceptance and agreement by each of them to all of the terms and conditions of this cruise Contract.
(f) All rights, exemptions from liability, defenses and immunities of TWC under this contract shall also inure to the benefit of TWC’s facilities, whether at sea or ashore, servants, agents, managers, affiliated or related companies, suppliers, shipbuilders and manufacturers of component parts and independent contractors, including, but not limited to, shore excursion or tour operators, ship’s physician, ship’s nurse, retail shop personnel, health and beauty staff, fitness staff, video diary staff, and other concessionaires, who shall have no liability to the Guest, either in contract or in tort, which is greater than or different from that of TWC.
(g) Except as otherwise expressly provided herein, this contract constitutes the entire agreement between TWC and Guest and supersedes all other agreements, oral or written. Any alteration to any term of this contract must be in writing and authorized by TWC. 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 PBOR controls. Guests purchasing TWC LIVE concert tickets, spa services or shore excursions through TWC are subject to the additional terms and conditions which are incorporated by reference. Except as provided in Clause 13 below, should any provision of this contract be contrary to or invalid by virtue of the law of the jurisdiction in which this contract is sought to be enforced or be so held by a court of competent jurisdiction, such provision(s) shall be deemed to be severed from the Contract and of no effect and all remaining provisions herein shall be in full force and effect and constitute the Contract of Carriage.
2. NATURE OF CRUISE AND GUEST'S OBLIGATIONS
(a) The Guest admits a full understanding of the character of the Vessel and assumes all risks incident to travel and transportation and handling of Guests and cargo. While at sea or in port the availability of medical care may be limited or delayed. Guest acknowledges that all or part of their voyage may be in areas where medical care and evacuation may not be available. Guest agrees to indemnify and reimburse TWC in the event TWC elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith.
(b) TWC’s vessels visit numerous ports in a number of countries. Guests assume responsibility for their own safety and TWC cannot guarantee Guest’s safety at any time. The United States Department of State, as well European States Centers for Disease Control and Prevention and other governmental and tourist organizations regularly issue advisories and warnings to travelers and TWC strongly recommends Guests obtain and consider such information when making travel decisions. TWC assumes no responsibility for gathering said information. The Guest acknowledges that the cruise may be booked in a location that is susceptible to severe weather systems, including but not limited to, hurricanes, tropical storms and depressions, and that TWC reserves the right to alter the ship’s course, ports of call, itinerary, activity and shore excursions to avoid such weather systems and insure the comfort and safety of the Guest and crew.
(c) Proper travel documentation and eligibility to travel is required of the Guest at the embarkation and throughout the cruise. In addition to immigration and customs requirements, the European and U.S. governments and others place restrictions on the carriage of Guests whose names appear on government watch lists or who are deemed legally ineligible to travel. It is the Guest’s sole responsibility to ensure his/her legal eligibility to travel and to bring and have available at all times all required travel documents. Guests are advised to check with their travel agent and with the appropriate government authority to determine the necessary documents and travel eligibility requirements for their particular cruise. TWC may cancel the booking of any Guest who is or becomes ineligible to travel for any reason, or who is traveling without proper documentation. Any such Guest, or any Guest who fails to board the ship at embarkation, shall be ineligible to board the ship thereafter without TWC’s consent, and shall not attempt to do so at the same or another port. Under these circumstances the Guest shall not be entitled to a refund or compensation of any kind. Guest is responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to their home destination. Under no circumstances shall TWC be liable for any costs, damages or expenses whatsoever incurred by any Guest as a result of such failure, cancellation or denial of boarding.
(d) Guest acknowledges receipt of TWC’s applicable brochures and travel information and agrees to abide by the terms and conditions of not just this Contract, but also the information contained in TWC’s brochures and website, including but not limited to the information contained in the “Frequently Asked Questions” and “Embarkation Information” sections.
(e) Guest acknowledges that, for a voyage commencing in a European or United States port for a round-trip voyage, Guest must complete the voyage and disembark at the embarkation port. Failure to do so may result in a fine or penalty being imposed by the Countries’ Customs Service or other governmental agency. In consideration for the fare paid, Guest agrees to pay any such fine or penalty imposed because of Guest’s failure to complete the voyage.
(f) TWC shall refuse boarding to any Guest under the age of twenty-one (21) unless: (1) the Guest is traveling in the same stateroom with an individual twenty-five years or older; (2) traveling in the same stateroom with their spouse; or (3) traveling with a parent or guardian in an accompanying stateroom. Adult Guests agree to be responsible at all times for the safety and behavior of their minor Guests who are traveling with them. Proof of age and/or proof of marriage is required. TWC shall not be liable to make any refunds or for any damages with respect to any Guest’s failure to provide proper proof of age or marriage or otherwise comply with this provision.
(g) Guests must attend the mandatory safety briefing at the commencement of the cruise and any subsequent briefing ordered by the ship’s officer during the cruise. Guests shall comply with all onboard health and safety policies and procedures, and shall familiarize themselves with the nature and character of the ship, as well as, all emergency exits, to assist with safe evacuation in the event of an emergency.
3. YOUR TRAVEL AGENT
Any travel agent or sales agent utilized by the Guest in connection with the booking of the cruise, or this Contract is solely the agent of the Guest and not TWC. TWC is not responsible for the financial condition or integrity of any travel agent utilized by Guest. In the event that an agent shall fail to remit to TWC any monies paid to the agent by Guest, Guest shall be and remain liable for the fare due to TWC, regardless of whether liability is asserted before or after embarkation. Issuance and validity of ticket contract is conditional upon final payment being received by TWC prior to sailing. Any refund made by TWC to an agent on behalf of Guest shall be deemed payment to Guest, regardless whether the monies are delivered by the agent to Guest. Receipt of this Ticket Contract, any other documentation or notification pertaining to the cruise by Guest’s travel agent shall constitute receipt by Guest.
4. BAGGAGE, PERSONAL PROPERTY, PROHIBITED ITEMS, LIMITATION OF LIABILITY
(a) Each fully paid adult Guest will be allowed a reasonable amount of luggage on board containing their personal belongings. Luggage means only trunks, valises, satchels, bags, hangers and bundles with their contents consisting of only such wearing apparel, toilet articles and similar personal effects as are necessary and appropriate for the purpose of the journey. TWC reserves the right to inspect all luggage for the safety and security of the vessel and to deny any such luggage it deems unreasonable or unsafe.
(b) No tools of trade, household goods, presents and/or property of others, jewelry, money, cameras, documents, valuables of any description including but not limited to such articles as are described in Title 46 of the United States Code section 30503 shall be carried except under and subject to the terms of a special written contract or Bill of Lading entered into with TWC prior to embarkation upon application of the Guest. The Guest warrants that no such articles are contained in any receptacle or container presented by him as baggage hereunder, and if any such articles are shipped in the Guest’s baggage in breach of this warranty, no liability for negligence, gross or ordinary, shall attach to TWC for any loss or damage thereto.
(c) TWC shall not be liable for: (1) Guest’s failure to comply with the requirements set forth in Clauses 4(a) and 4(b); (2) any loss or damage before baggage comes into TWC’s actual custody on board or after baggage leaves TWC’s actual custody on board, including, but not limited to, loss or damage by airlines or other transportation services; (3) any loss or damage of baggage while not in the actual possession, custody and control of TWC; (4) damage due to wear, tear or normal usage; (5) any loss or damage of perishable items, medicine, liquor, cash, securities or other financial instruments, or (6) any loss or damage while in the custody and control of stevedores.
(d) It is stipulated and agreed that the aggregate value of Guest’s property, does not exceed $50 USD per Guest or bag with a maximum value of $100 USD per stateroom regardless of the number of occupants or bags and any liability of TWC for any cause whatsoever with respect to said property shall not exceed such sum, unless the Guest shall in writing, delivered to TWC, prior to embarkation, declare the true value thereof and pay to TWC prior to embarkation a sum equal to 5% of the excess of such value. If TWC shall be held liable for the loss of or damage to Guest’s baggage or property it is agreed that such liability shall not exceed the lesser of: (1) the actual cash value, or (2) value declared in the manner above provided (up to U.S. $100 USD if no such declaration has been made). Declared value amounts to be proportionately reduced in any case where less than all of Guest’s baggage or property is lost, delayed or rendered unusable due to damage. In no event shall TWC be liable to pay any compensation if the nature or value of the property has been misrepresented. NOTE: The stated property value/liability amounts are rather low.
(e) No Guest is permitted, to bring on board the vessel live animals (other than qualified service animals, with not less than 14 days advance notice given to TWC). Guest will be solely responsible for any and all damage and/or loss caused by service animals.
(f) Weapons, firearms, contraband, ammunition, explosives, incendiary devices, or other dangerous items are strictly prohibited aboard the vessel. TWC reserves the right to confiscate, destroy and/or turn over to authorities these or any other items it deems in its sole discretion to be detrimental to the safety or comfort of any person or which are otherwise improperly in the possession of any Guest. Each Guest warrants that no such articles are contained in any receptacle or container carried or presented as baggage. Alcoholic beverages are prohibited except as provided for in Clause 8(f). All Guests agree that TWC has, at all times with or without notice, the right to search Guest’s baggage and/or personal effects for any of the prohibited items, at any location, to ensure compliance with these restrictions. Any Guest who refuses any such search or screening, or any Guest traveling with such items, may be denied boarding or disembarked and no refund of the cruise fare will be issued. The Guest will be solely responsible for any and all damage and/or loss caused by his violation of this policy.
5. FITNESS TO TRAVEL, SPECIAL NEEDS, PREGNANCY, INFANTS, DRINKING, DISEMBARKATION
(a) The Guest warrants that he and those traveling with him are physically and emotionally fit to travel at the time of embarkation, and further certifies that such Guests have no medical or emotional condition that would endanger any Guest or others. Any Guest with special medical, physical or other needs requiring medical attention or special accommodation during the voyage is requested to notify TWC in writing at the time of booking of such special need. Upon booking the cruise, Guests who have special needs are requested to contact TWC’s Special Needs Desk (+1-888-892-6040) to discuss the details of their special needs. TWC recommends that any Guest who is not self-sufficient travel with a companion who shall take responsibility for any assistance needed during the voyage and in case of emergency.
(b) TWC and the Master each reserves the right to refuse passage, disembark or confine to a stateroom any Guest whose physical or mental condition, or behavior would be considered in the sole opinion of the Captain and/or the ship's physician to constitute a risk to the Guest's own well-being or that of any other Guest or crew member. Guest understands and acknowledges that in addition to the limitations on medical care described in Clause 2 (a), prenatal and early infant care, in particular, may require specialized diagnostic facilities and/or treatment that are not obtainable during the cruise on board the ship and/or ashore in ports of call. Therefore, the Guest agrees not to book a cruise or board the ship if at any time during the cruise she will enter the 24th week of estimated gestational age, nor for or with infants less than six months old, and for trans-ocean crossings, Europe-North America -South America and Hawaii the infant must be at least twelve months of age at the time of embarkation to sail. TWC and the Master reserve the right to disembark any Guest whose behavior affects the comfort, enjoyment, safety or wellbeing of other Guests or of any crew. All expectant Guests further agree to provide TWC, prior to embarkation, with a physician’s statement verifying that her gestational status is in accordance with this policy, and certifying her fitness to travel even if she will be less than twenty-four weeks pregnant. Failure to do so shall result in the cancellation of the Guest’s reservation without refund, compensation or payment except as set forth in TWC’s cancellation policy described in Clause 6, based on the timing of such cancellation.
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