CANCELLATION POLICY You are not entitled to any refund, payment, compensation of any kind or credit for cancellation except as provided in this section. Cancellation penalties will apply when the entire Cruise booking is cancelled and applies to all travel, products and/or services purchased, including Cruise, airfare and land arrangements. Cancellation charges are imposed regardless of resale of the Cruise, hotel or air components. We highly recommend that Guests purchase vacation protection insurance.
A refund of amounts already paid to Us will be made, less any applicable cancellation penalty. All appropriate refunds may be made either to You or to Your travel agent, if You are so represented, in the same form as received. If the cancellation charge is more than Your advance payment, You agree to be liable to Us for the difference. Please note that some agents may, in their discretion, withhold an agency cancellation charge. We shall have no responsibility to You for any such agency cancellation charge.
Changes to a reservation after deposit and/or full payment, and prior to issuance of travel documents may result in assessment of administrative fees and service charges beyond the control of Carrier. Administrative fees and service charges will vary and are based on the type of change to Your Cruise departure, itinerary, package or air supplement. Guests are responsible for any additional costs incurred as a result of these changes. Some changes, including name changes, may also be considered cancellations and applicable fees will be assessed.
If a guest wishes to change a booking from cruise only to include cruise and air travel arrangements after the full amount of the purchase price for the cruise only package is due and payable, Carrier may in its sole discretion impose an air deviation fee of up to $150.00 per person. Bookings cannot be converted from cruise only to air/sea within thirty (30) days of sailing.
Any changes to a reservation that result in imposition of airline or other cancellation fees are the responsibility of the Guest. No refund, payment, compensation or credit of any kind will be made for lost tickets, unused or partially used portions of the Cruise, air or land programs, including shore excursions, except as specifically outlined in this Ticket/Contract. It is the Guest's sole responsibility to obtain and have available when necessary the appropriate valid travel documents, including without limitation, passports, visas, proof of citizenship, re-entry permits, minor's permissions, medical certificates and all other documents necessary for ports of call in the countries to which Guest will travel. We reserve the right to consider this Ticket/Contract as canceled and the applicable fare forfeited if You do not use this Ticket/Contract for the Ship or other Ships substituted, or land arrangements for the date mentioned, for Your failure to bring proper travel and/or health documents as required, or should this Ticket/Contract become lost or mislaid, or if You use this Ticket/Contract for only part of the voyage or tour indicated hereon, for any reason, whether or not due to causes beyond Your control.
When We receive a written notice of cancellation from You addressed to Us at Our principal offices (collectively "cancellations"), both parties agree to the following provisions.
The following cancellation penalties apply to cruises of 1 to 19 days in length:
- 91 days or more prior to departure - 0% of Cruise Fare
- 90 – 76 days prior to departure - 25% of Cruise Fare (plus any Optional Facilities and Services Fees incurred)
- 75 – 61 days prior to departure - 50% of Cruise Fare (plus any Optional Facilities and Services Fees incurred)
- 60 – 30 days prior to departure - 75% of Cruise Fare (plus any Optional Facilities and Services Fees incurred)
- 30 – 0 days prior to departure - 100% of Cruise Fare (plus any Optional Facilities and Services Fees incurred)
A 100% cancellation fee will be imposed as indicated above for non-appearance or the absence of written notice.
The following applies to cruises of 20 days in length or more:
- 150 – 121 days prior to departure - Deposit Amount (plus any Optional Facilities and Services Fees incurred)
- 120 - 91 days prior to departure - 50% of Cruise Fare (plus any Optional Facilities and Services Fees incurred)
- 90 - 61 days prior to departure - 75% of Cruise Fare (plus any Optional Facilities and Services Fees incurred)
- 60 – 0 days prior to departure - 100% of Cruise Fare (plus any Optional Facilities and Services Fees incurred)
A 100% cancellation fee will be imposed as indicated above for non-appearance at the port of Cruise embarkation at the scheduled time of departure, or the absence of written notice.
The following applies to the cancellation of the Optional Facilities and Services listed below:
- Pre-/Post-Cruise Hotel Packages - Within 45 days of cruise departure - 100% fee
- Pre-/Post-Cruise Land Packages - Within 60 days of cruise departure - 100% fee
- Overland Tours - Within 45 days of cruise departure - 100% fee
- Shore Excursions - Within 36 hours of tour departure - 100% fee
- Shore Excursions Packages - On or after embarkation day - 100% fee
- Executive Collections - Within 36 hours of tour departure - 100% fee
- Regular and Private Transfers - Within 4 days of transfer date - 100% fee
- Visa Packages - Within 30 days of cruise departure - 100% fee
CARRIER’S LIABILITY (a) FOREIGN VOYAGES – IMPORTANT NOTICE: ON CRUISES WHICH NEITHER EMBARK, DISEMBARK NOR CALL AT ANY U.S. PORT, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE "CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA" OF 1974 AS WELL AS THE "PROTOCOL TO THE CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA" OF 1976 ("ATHENS CONVENTION"). THE ATHENS CONVENTION LIMITS THE CARRIER'S LIABILITY FOR DEATH OF OR PERSONAL INJURY TO A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS AS DEFINED THEREIN (APPROXIMATELY U.S. $65,000 WHICH FLUCTUATES, DEPENDING ON A DAILY EXCHANGE RATE AS PRINTED IN THE WALL STREET JOURNAL). ON SUCH CRUISES, CARRIER'S LIABILITY SHALL FURTHER BE SUBJECT TO THE PROVISIONS OF THE CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976, WITH REVISIONS, PROTOCOLS AND AMENDMENTS. 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 (INCLUDING TITLE 46 U.S. CODE SECTIONS 30501-30509), 30511 WILL APPLY.
(b) Force Majeure: Carrier shall not be liable in any way to the Guest for death, bodily injury, illness, damages, delay or other loss or detriment to person or property or for the Carrier's failure to commence, perform and/or complete any duty owed to You if such death, delay, bodily injury, (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or warlike operations, terrorist activities, civil commotions, labor difficulties, whether or not Carrier is a party thereto, interference by authorities, requisitioning of the Ship, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Ship, explosion, breakdown or failure of or damage to the Ship or its hull, machineries or fittings, howsoever and wheresoever any of the same may arise or be caused, riot, insurrection and governmental restraint, fire, or any other cause whatsoever beyond Our reasonable control.
(c) No Liability Unless Carrier at Fault: Under no circumstances shall Carrier be liable without fault and no warranty, either express or implied, applies to any of the services, accommodations, facilities, activities, personnel, acts or omissions whatsoever received in connection with this Contract. If any claim is brought against Us in a jurisdiction where any of the applicable limitations and exemptions contained in this Ticket/Contract are legally unenforceable, then in such event We shall not be liable for death, injury, illness, damage, delay or other loss or detriment to person or property arising out of any cause of whatsoever nature if not shown to have been caused by Our negligence.
(d) Baggage and Property: We shall not be liable for loss of or damage to Your property in any amount exceeding US$500.00 per Guest. Should You desire an extension of Our liability of US$500.00, You should declare the true value of the property in writing and pay to Us an amount of money calculated at 5% of the true value declared, up to US$5,000.00. Liability will then be extended to the amount of the true value declared but in no event exceeding US$5,000.00. We shall in no event be liable for the loss of or damage to cash, securities, gold, silverware, jewelry, ornaments, works of art or other valuables, including but not limited to those specified in Title 46 of the United States Code Section 30503, unless the same have been deposited with Us against receipt for the agreed purpose of safekeeping. In the event of such a deposit, Our liability for loss or damage thereof shall be limited to US$500.00, unless value exceeding that amount be declared in writing. If the declared value exceeds US$100.00, We are entitled to charge 5% of value declared, up to US$5,000.00. Upon payment of this charge, liability, if any, will be extended to the true value declared but in no event shall We be liable for an amount exceeding US$5,000.00.
Luggage for Carrier's Guests must be handled pursuant to regulations and tariffs of airlines, government security requirements and ground operators. Luggage exceeding these limitations will be subject to charges as set forth by the individual operators, including any excess baggage charges. Carrier reserves the right to refuse any items that may be considered dangerous (explosives, firearms, compressed gases, liquid oxygen, combustible or illegal items) or controlled or prohibited substances, or any other item prohibited by applicable law or that Carrier or Master deems in its sole discretion to be detrimental to the safety or comfort of any person. You agree and consent to Carrier's right to search any baggage and enter and conduct a reasonable search of Your stateroom, personal safe or storage spaces or search You, and You agree and consent to the removal and confiscation or destruction of any object in the interest of international security and safety at sea and in the interest of the convenience and safety of other Guests. All hand-carried luggage and personal effects are the responsibility of the Guest at all times. Carrier is not responsible for the loss of or damage to Guests' luggage. Baggage insurance is recommended. Luggage and personal belongings will be taken off the Ship upon Guest debarkation. Under no circumstances will luggage be kept on board without the owner of such luggage being on the vessel. Guests may bring a reasonable amount of luggage on board Our Ships. No baggage or items heavier than 70 lbs. will be loaded onto or offloaded from Our Ships.
Notwithstanding the foregoing, in no event shall We be liable to You with respect to any occurrence prior to embarkation or after disembarkation from the Ship. In no event shall We be liable to You with respect to any occurrence taking place other than on the Ship or launches, tender or other craft owned or operated by Us, or with respect to any baggage, when the same is in Our custody at any shore side installation. You agree that any baggage or property, including all lost and found items retained by Carrier or delivered by You to Carrier, which remains unclaimed for more than 90 days after Your disembarkation shall be deemed abandoned and the sole property of Carrier and You relinquish any claim thereto. You further agree to pay all fees and expenses incurred by Carrier to deliver any such items that are claimed by You.
Any luggage not delivered to the Vessel by time of sailing may be subject to shipping and handling costs, for rerouting to an alternate port on Your itinerary. In this instance, You may be assessed, and You agree to pay, any and all related charges incurred by Carrier to have Your luggage delivered to You.
(e) Emotional Distress: Carrier hereby disclaims all liability to the Guest for damages for emotional distress, mental anguish or psychological injury of any kind, under any circumstances, when such damages were neither the result of a physical injury to the Guest, nor the result of that Guest having been at actual risk of physical injury, nor were intentionally inflicted by Carrier.
(f) Shore Excursions and Other Transportation, Services and Facilities: We shall in no event be liable to You with respect to any occurrence prior to embarkation or after disembarkation from the Ship named herein or substitute, except for transportation by water which is carried out by means of a conveyance provided by Us including the Ship and its tenders or, with respect to any baggage, when the same is in Our custody at any shore side installation. We have made arrangements on Your behalf for the provision of travel facilities other than water transportation with various independent contractors solely as a convenience and not as an agent of those independent contractors, for which a surcharge may be imposed. Carrier does not undertake to supervise or control such independent contractors or their employees, conveyances or facilities, and accepts no liability for any loss, delay, damage, injury, death, misrepresentation or disappointment whatsoever resulting therefrom. Carrier makes no representation, either express or implied, regarding the suitability, safety, insurance or other aspects of any such independent contractors, transportation, tours, services, products or facilities and Carrier's liability for nonperformance of any independent contractor providing such facilities or services shall be limited to a refund of the amounts received by Carrier on the Guest's behalf, if any. We assume no responsibility in whole or in part for any delays, delayed departures or arrivals, missed connections, loss, death, damage or injury to person or property or accident, mechanical defect, failure or negligence of any nature whatever caused in connection with any accommodations, transportation, services or facilities, substitution of hotels, common carriers or equipment with or without notice or for any additional expenses occasioned thereby. We reserve the right to choose the air carrier, routing and gateway locations, as well as the right to substitute charter flights for scheduled service and vice versa. If the entire Cruise or CruiseTour is canceled by Us for any reason, Guests shall have no claim other than for a full refund of the Cruise Fare or the CruiseTour Fare, whichever is applicable. The airlines and other transportation companies concerned are not to be held responsible for any act, omission or event during the time You are not on board their conveyances. This Ticket/Contract constitutes the sole agreement between Carrier and You, it being understood that the various independent contractors otherwise participating in the Cruise or CruiseTour will enter into their own separate contractual arrangements with You, and that You assume the risk of utilizing the services and facilities of those independent contractors. Any penalties, change fees or cancellation fees that result from changes to or cancellation of air arrangements are the sole responsibility of the Guest.
VENUE, CLAIMS SUBJECT TO BINDING ARBITRATION, TIME LIMITS FOR CLAIMS, AND CLASS ACTION WAIVER. (a) SUITS FOR PERSONAL INJURY, ILLNESS OR DEATH: NO SUIT SHALL BE MAINTAINED AGAINST US FOR PERSONAL INJURY, ILLNESS OR DEATH OF THE GUEST ARISING FROM, RELATED TO OR CONNECTED WITH THE CRUISE, CRUISETOUR OR THIS CONTRACT, UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS BE DELIVERED TO US OR OUR AGENT AT ANY ADDRESS SET FORTH HEREIN WITHIN SIX (6) MONTHS FROM THE DATE OF SUCH INJURY, ILLNESS OR DEATH; AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST US WITH RESPECT TO PERSONAL INJURY, ILLNESS OR DEATH BE MAINTAINABLE, UNLESS SUIT SHALL BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE WHEN THE CLAIM AROSE, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.
(b) ARBITRATION AND FORUM FOR SMALL CLAIMS, AND ALL OTHER CLAIMS: ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF A GUEST, 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 GUEST'S CRUISE, OR CRUISETOUR, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN THE GUEST AND CARRIER, WITH THE SOLE EXCEPTION OF CLAIMS BROUGHT AND LITIGATED IN SMALL CLAIMS COURT IN MIAMI-DADE COUNTY, FLORIDA, 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, 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, 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 FILING THE SUIT WITH NAM, WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. NAM CAN BE CONTACTED AT 800-358-2550, ATTENTION COMMERCIAL CLAIMS DEPT., 990 STEWART AVENUE, FIRST FLOOR, GARDEN CITY, NY 11530, TO RESPOND TO ANY QUESTIONS REGARDING THE ARBITRATION PROCESS, AS WELL AS TO REQUEST A COPY OF NAM'S CURRENT COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND THE FEE SCHEDULE. 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 IN MIAMI-DADE COUNTY, FLORIDA). THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CARRIER 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. CARRIER 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 27 (C) BELOW GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS CLAUSE. IN ANY EVENT, NO CLAIM DESCRIBED IN THIS CLAUSE MAY BE BROUGHT AGAINST CARRIER UNLESS WRITTEN NOTICE GIVING FULL PARTICULARS OF THE CLAIM IS DELIVERED TO THE CARRIER WITHIN THIRTY (30) DAYS OF TERMINATION OF THE CRUISE AND LEGAL ACTION ON SUCH CLAIM IS COMMENCED WITHIN SIX (6) MONTHS FROM THE DATE THE CLAIM AROSE, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.
(c) FORUM FOR LAWSUITS: EXCEPT AS OTHERWISE PROVIDED FOR CLAIMS SUBJECT TO ARBITRATION, YOU AND WE AGREE IRREVOCABLY THAT ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH OR INCIDENT TO THIS TICKET/CONTRACT OR YOUR CRUISE OR CRUISETOUR INCLUDING ANY CLAIM FOR PERSONAL INJURY, 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 OVER WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN MIAMI-DADE COUNTY, FLORIDA, TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY.
(d) CLASS ACTION WAIVER: THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY LAWSUIT OR ARBITRATION AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH 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.