Cruise Terms and Conditions
IMPORTANT NOTICE TO PASSENGERS
THESE ARE THE TERMS AND CONDITIONS OF THE LEGALLY BINDING CONTRACT BETWEEN YOU AND FLOWER POWER CRUISE 20 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 FLOWER POWER CRUISE 20 LLC and any parent, subsidiary or other affiliated companies. THE TERMS AND CONDITIONS CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF PASSENGERS. IT IS IMPORTANT THAT YOU CAREFULLY READ ALL TERMS OF THIS CONTRACT, PAYING PARTICULAR ATTENTION TO SECTION 6 AND SECTIONS 8 THROUGH 11, WHICH LIMIT OUR LIABILITY AND YOUR RIGHT TO SUE, AND RETAIN IT FOR FUTURE REFERENCE.THIS AGREEMENT REQUIRES THE USE OF ARBITRATION FOR CERTAIN DISPUTES AND WAIVES ANY RIGHT TO TRIAL BY JURY TO RESOLVE THOSE DISPUTES. PLEASE READ SECTION 10 BELOW.
This Cruise Contract (the "Contract") describes the terms and conditions that will apply to the relationship between You and the Us for the Vessel with respect to the Cruise covered by this Agreement. Except as otherwise expressly provided herein, this Agreement supersedes any other written or oral representations or agreements relating to the subject matter of this Agreement or the Cruise. Purchase or use of a cabin onboard the Vessel, whether this Contract is signed or not by the Passenger, shall constitute the agreement by Passenger, on behalf of himself and all other persons traveling under this Contract, to be bound by the terms and conditions of this Contract. This Contract cannot be modified except in a writing signed by a corporate officer of Chartererr. In addition, Passenger acknowledges the availability of and Passenger agrees to abide by the terms and conditions, which appear online at www.flowerpowercruise.com
- "Agreement" or "Contract" means the terms and conditions set forth in this Contract which shall constitute the sole agreement between Passenger and Charterer for the Cruise.
- "Charterer" shall include: (i) the Vessel, or any substituted ship; (ii) the Vessel's Operator; (iii) Flower Power Cruise 20 LLC (“FPC20”) together with the owners, managers, charterers, affiliates, successors and assigns of the entities identified in subsections (i), (ii) and (iii) of this sentence. Charterer also shall include the officers, directors, employees, agents, crew or pilots of the entities identified in the preceding sentence. The exclusions or limitations of liability of Charterer set forth in the provisions of this Contract, as well as all rights, defenses or immunities set forth herein, shall also apply to and be for the benefit of any agents, independent contractors, concessionaires and suppliers of Charterer, as well as owners and operators of all shoreside properties at which the Vessel or the Transport may call, as well as owners, designers, installers, suppliers and manufacturers of the Vessel or Transport, or any component parts of either, together with the employees and servants of each of the foregoing, and/or any launches, craft or facilities of any kind belonging to or provided by any of the entities identified in this paragraph.
- “Cruise” means the specific cruise covered by this document, as the same may be modified and shall include those periods during which the Passenger is embarking or disembarking the Vessel and those periods when the Passenger is on land while the Vessel is in port.
- "Cruise Fare” means the amount due to Charterer for the Cruise, whether such amounts are owing, but does not include amounts due for other products or services such as air transportation, photographs, gratuities, telephone calls, or medical services which can be purchased separately. Charges to the Passenger for government or quasi-governmental taxes and fees, whether assessed on a per passenger, per vessel, per berth or per ton basis, and any security surcharges or similar assessments made by airlines, trains, buses, hotels or other third parties are established by the third- party and are due and payable by Passenger to such third party.
- "Operator" means the entity identified in Section 16 below.
- "Passenger" or "Passenger" or "Your" means all persons traveling under this Contract and persons in their care, together with their respective heirs and representatives. 'Passenger' shall include the plural and the use of the masculine shall include the feminine.
- 'Vessel' means the ship chartered or operated by Charterer on which Passenger may be traveling or against which Passenger may assert a claim, as well as any substituted ship used in the performance of this Contract.
- “Default” means the failure of Passenger to make any payment on the date agreed upon during booking and failure to cure such default within thirty (30) days of the due date.
- BAGGAGE, PROPERTY AND LIMITATIONS OF LIABILITY:
- Baggage Limits and Prohibited Items. Each adult Passenger is permitted to carry onboard the Vessel or check-in only the wearing apparel and personal effects reasonably necessary for the cruise, including suitcases, trunks, valises, satchels, bags, hangers containing clothing, toiletries and similar items. In no event shall any Passenger bring on board the Vessel or check-in any illegal controlled substances, fireworks, live animals (except under the terms of Section 12.d below), weapons, firearms, explosives or other hazardous materials, or any other items prohibited by applicable law or Charterer policy. Charterer reserves the right to refuse to permit any Passenger to take on board the Vessel or on any mode of Transport any item Charterer deems inappropriate.
- Liability for Loss of or Damage to Baggage. Unless negligent, Charter is neither responsible nor liable for any loss of or damage to Passenger's property, whether contained in luggage or otherwise. Liability for loss of or damage to Passenger's property in connection with any air or ground transportation shall be the sole responsibility of the provider of the service and in accordance with applicable limitations.
- Limitation of Liability for Lost or Damaged Property. Notwithstanding any other provision of law or this Agreement, Charterer's liability for loss or damage to property for the shall be limited to $300.00 per Passenger, unless Passenger declares the true value of such property in writing to the Charterer at the address specified in Section 10.a below and pays Charterer within 10 days of final payment for the cruise, a fee of five percent (5%) of the amount that such value exceeds $300.00. In such event, Charterer's liability shall be limited to its true declared value, but not exceeding $5,000.
- Limited Carriage. Charterer does not undertake to carry as baggage any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Title 46 of the United States Code, Appendix Section 181. Each Passenger warrants that no such item will be presented to Charterer within any receptacle or container as baggage, and hereby releases Charterer from any liability whatsoever for loss of or damage to such items when presented to Charterer in breach of this warranty. In no event shall Charterer be liable for normal wear or tear of luggage or property, or loss of or damage to jewelry, cash, negotiable paper, photographic/electronic, medical or recreational equipment, dental hardware, eyewear, medications or other valuables. Charterer's liability, if any, for loss of or damage to valuables so deposited shall not exceed the amounts indicated in Section 3.c above.
- MEDICAL CARE AND OTHER PERSONAL SERVICES:
- Vessel and in ports of call may be limited or delayed and medical evacuation may not be possible from the Vessel while at sea or from every location to which the Vessel sails.
- Relationship with Service Providers. To the extent Passengers retain the services of medical personnel or independent contractors on or off the Vessel, Passengers do so at their sole risk. Any medical personnel attending to a Passenger on or off the Vessel, if arranged by Charterer, are provided solely for the convenience of the Passenger, work directly for the Passenger, and shall not be deemed to be acting under the control or supervision of the Charterer, as Charterer is not a medical provider. Likewise, any onboard concessions (including but not limited to the gift shops, spas, beauty salon, art program, photography, formalwear concessions) are either operated by or are independent contractors on board the Vessel, on Transport or elsewhere and are provided solely for the convenience of Passenger. Even though the Charterer shall be entitled to charge a fee and earn a profit for arranging such services, all such persons or entities shall be deemed independent contractors and not acting as agents or representatives of Charterer. Charterer assumes no liability whatsoever for any treatment, failure to treat, diagnosis, misdiagnosis, actual or alleged malpractice, advice, examination or other services provided by such persons or entities. Passenger acknowledges that the Vessel's hair dresser, manicurist, art auctioneer, gift shop personnel, spa personnel, wedding planners and other providers of merchandise and personal services are employees of independent contractors and that Charterer is not responsible for their actions.
- Payment for Medical or Personal Care Services. Passenger shall pay for all medical care or other personal services requested or required, whether onboard or ashore, including the cost of any emergency medical care or transportation incurred by Charterer. If Passenger is unable to pay and the Charterer pays for such expenses, then Passenger shall reimburse Charterer for those expenses.
- SHORE EXCURSIONS, TOURS, FACILITIES OR OTHER TRANSPORTATION:
All arrangements made for or by Passenger for transportation (other than on the Vessel) before, during or after the Cruise of any kind whatsoever, as well as air arrangements, shore excursions, tours, hotels, restaurants, attractions and other similar activities or services, including all related conveyances, products or facilities, are made solely for Passenger's convenience and are at Passenger's risk. The providers, owners and operators of such services, conveyances, products and facilities are independent contractors and are not acting as agents or representatives of Charterer. Even though Charterer may collect a fee for, or otherwise profit from, making such arrangements and offers for sale shore excursions, tours, hotels, restaurants, attractions are provided by independent contractors and other similar activities or services taking place off the Vessel for a profit, it does not undertake to supervise or control such independent contractors or their employees, nor maintain their conveyances or facilities, and makes no representation, whether express or implied, regarding their suitability or safety. In no event shall Charterer be liable for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to Passenger which occurs on or off the Vessel or the Transport as a result of any acts, omissions or negligence of any independent contractors.
- CANCELLATION, DEVIATION OR SUBSTITUTION BY CHARTERER:
- Charterer may for any reason at any time and without prior notice, cancel, advance, postpone or deviate from any scheduled sailing, port of call, destination, lodging or any activity on or off the Vessel, or substitute another vessel or port of call, destination, lodging or activity. Charterer shall not be liable for any claim whatsoever by Passenger, including but not limited to loss, compensation or refund, by reason of such cancellation, advancement, postponement, substitution or deviation. In addition, Charter may change, cancel or replace any talent performing onboard the cruise at any time and shall not be liable to Passenger for compensation or refund of any kind. In the event that Charterer cancels the sailing entirely prior to sailing, Charterer’s sole liability to Passenger shall be to only obligation to you will be to provide an alternative sailing. By way of example, and not limitation, Charterer may, without liability, deviate from any scheduled sailing and may otherwise land Passenger and her property at any port if Charterer believes that the voyage or any Passenger or property may be hindered or adversely affected as a result of hostilities, blockages, prevailing weather conditions, labor conflicts, strikes onboard or ashore, breakdown of Vessel, congestion, docking difficulties, medical or lifesaving emergencies or any other cause whatsoever. Charterer shall have the right to comply with any orders, recommendations, or directions whatsoever given by any governmental entity or by persons purporting to act with such authority and such compliance shall not be deemed a breach of this Agreement entitling the Passenger to assert any claim for liability, compensation or refund.
- 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.
- If the Cruise is cancelled for any reason after embarkation, 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 an alternative sailing. If a Cruise is cancelled after commencement, you will be entitled, as your exclusive remedy, to receive the applicable Refund Amount as an onboard credit on a future cruise 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. 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 FPC20 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. FPC20 will not be responsible for any loss incurred due to a cancelled/delayed flight or other means of transportation booked by you.
- CHARGES, PAYMENTS and CANCELLATION BY PASSENGER; EARLY DISEMBARKATION:
Liability: Flower Power Cruise 20 LLC its affiliates, parent companies, employees, shareholders, officers and directors (collectively “FPC20”) does not own or operate any entity which is to or does provide goods or services for your trip, including, for example, lodging facilities, transportation companies, local ground operators, guides, sightseeing companies, entertainment, food or drink service providers, equipment suppliers, etc. As a result, FPC20 is not responsible for any negligent or willful act or failure to act of any person or entity. In addition, FPC20 is not responsible for any negligent or willful act or failure to act of any person or entity it does not own or control, nor for any act or inaction of any other third party not under its control. By booking a cabin you expressly agree to be bound by and accept the FPC20 Terms and Conditions.
- Payment Plans: FPC20 has several payment plans available to you for the Cruise. By selecting one or more of the payment plans available, you authorize us to charge your Payment Method for monthly, quarterly or semi-annual payments as selected without additional notice to you. You expressly agree not to dispute any credit card charges associated with this trip.
- Passport Policy:
- For United States Citizens:
A valid passport book is required for all travel outside the United States. To be considered valid, passports must have an expiration date later than six months after your date of travel. For further information and passport requirements, please visit www.state.gov.
- For Non-United States Citizens:
You must have a valid passport and any necessary visas for travel. Please carefully verify the existing identification requirements for your particular travel situation with your local consulate. In addition, non-U.S. citizens who have previously been admitted to the United States for permanent residence must carry their Permanent Residence Card (Form I-551), commonly known as a Green Card. Resident aliens not in possession of this must obtain one at the nearest office of the United States Immigration Service.
Visa requirements will vary depending on the passport under which you are traveling and the countries being visited. Guests traveling under non-U.S., non-Canadian, and non-European passports must check with the Consulate of every country visited during the cruise for specific Visa requirements. When contacting a Consulate, provide the complete itinerary for the cruise so they can give accurate information. A guest may also contact a Visa service agency in his or her country for assistance. Failure to comply with the Passport Policy will result in a cancellation of your reservation at no refund to you.
- Cancellation Policy: All payments to FPC20 are non-refundable. FPC20 may adjust itineraries and schedules, change any talent performing onboard the cruise, delay departures or arrivals without any further obligation to you. We reserve the right to refuse service to any person or cancel your reservation at any time at our sole discretion. FPC20 will not be responsible for any loss incurred due to a cancelled/delayed flight or other means of transportation.
- 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 FPC20. The cost of 3rd and 4th passengers in a stateroom varies depending on cabin category and is $1,500 for all suites and Family ocean view staterooms, $1,200 for Aqua, Concierge, and Veranda staterooms, $1,000 for Oceanview Staterooms and $800 for Inside Staterooms plus all applicable taxes and fees.
- 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.
- Credit Cards/Cancellation Fees: FPC20 reserves the right to charge additional fees for returned payments, late payments, missed payments, canceled cards, chargebacks, credit card changes, invalid credit cards, cancellations and cancellations as a result of your failure to comply with any requests by FPC20.The fee assessed shall be $150 per person plus 5% of the total transaction.
- Trip Protection: All payments to FPC20 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.
- Currency: 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 FPC20 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.
- PASSENGER'S OBLIGATION TO COMPLY WITH AGREEMENT, APPLICABLE LAWS, AND RULES OF CHARTERER; QUARANTINE; INDEMNIFICATION:
- Compliance Obligation Generally. Passenger shall at all times comply with the provisions of this Agreement, all applicable laws, and rules, policies and regulations of the Charterer, the Vessel and the Transport (as the same may be changed from time to time with or without notice). Passenger agrees not to enter any areas of the vessel designated for crew only, including crew quarters, under any circumstances whatsoever. Passenger further agrees that Charterer may prohibit or restrict Passenger from bringing any alcoholic beverages for consumption onboard the Vessel and agrees to comply with any Charterer policy covering such matters. Nothing in this Agreement shall grant to Passenger any right to market, advertise, promote, provide or sell products or provide services to other Passengers onboard the Cruise and Passenger shall be prohibited from doing so.
- Passengers are solely responsible to maintain in their possession all passports, visas and other travel documents required for embarkation, travel and disembarkation at all ports of call. Passengers assume full responsibility to determine through their travel agent or the appropriate government authority the necessary documents. Passenger agrees to provide to Charterer (at Charterer's reasonable request) any travel documents. Charterer shall return such travel documents to Passenger by no later than the end of the Cruise.
- Passenger understands and agrees that Charterer has a zero tolerance policy for illegal activity and shall report such activity to the appropriate authorities.
- Charterer may also change accommodations, alter or cancel any activities of, deny service of alcohol to, confine to a stateroom or quarantine, search the stateroom, property or baggage of any Passenger, disembark or refuse to embark the Passenger and/or any Passenger responsible for any minor Passenger, or restrain any Passenger at any time, without liability, at the risk and expense of the Passenger, when in the sole opinion of Charterer or Captain the Passenger's conduct or presence, or that of any minor for whom the Passenger is responsible, is believed to present a possible danger, security risk or be detrimental to himself or the health, welfare, comfort or enjoyment of others, or is in violation of any provision of this Agreement.
- Passenger, or if a minor, his parent or guardian, shall be liable for and indemnify Charterer, the Vessel and the Transport from any civil liability, fines, penalties, costs or expenses incurred by or imposed on the Vessel, the Transport or Charterer arising from or related to Passenger's conduct or failure to comply with any provisions of this Section 8, including but not limited to: (i) any purchases by or credit extended to the Passenger; (ii) requirements relating to immigration, customs or excise; or (iii) any personal injury, death or damage to persons or property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger.
- Charterer shall not be required to refund any portion of the Cruise or CruiseTour Fare paid by any Passenger who fails for any reason to be onboard the Vessel or Transport by the embarkation cut-off time applicable to the specific Cruise, the boarding cut-off time applicable at any port of call or destination or point of departure as the case may be, and shall not be responsible for lodging, meals, transportation or other expenses incurred by Passenger as a result thereof. Boarding cut-off times for any port of call or destination or point of departure are as announced on the applicable Cruise. Charterer shall have no obligation to any Passenger to deviate from any scheduled sailing or port of call or destination.
- Passenger acknowledges that for certain voyages, such as a round-trip voyage commencing in a United States port, the Passenger must complete the entire voyage and that failure to do so may result in a fine or other penalty being assessed by one or more governmental agencies. Passenger hereby agrees to pay any such fine or penalty imposed because Passenger failed to complete the entire voyage and to reimburse Charterer in the event it pays such fine or penalty.
- Charterer may refuse to transport any Passenger, and may remove any Passenger from the Vessel or Transport at any time, for any of the following reasons: (i) whenever such action is necessary to comply with any government regulations, directives or instructions; (ii) when a Passenger refuses to permit search of his person or property for explosives, weapons, dangerous materials or other stolen, illegal or prohibited items; (iii) when a Passenger refuses upon request to produce positive identification; or (iv) for failure to comply with Charterer's rules and procedures, including, for example, Charterer's policies against fraternization with crew; or (v) Passenger's passage is denied by Charterer pursuant to its Refusal to Transport policy.
- In the interests of safety and security, Passengers and their baggage are subject to inspection or monitoring electronically with or without the Passenger's consent or knowledge.
- If Charterer exercises its rights under this Section 8, Passenger shall have no claim against Charterer whatsoever and Charterer shall have no liability for refund, compensation loss or damages of Passenger, including but not limited to any expenses incurred by Passenger for accommodations or repatriation.
- FORUM SELECTION CLAUSE FOR ALL LAWSUITS; CLASS ACTION WAIVER:
- EXCEPT AS PROVIDED IN SECTION 10 (b) WITH REGARD TO CLAIMS SUBJECT TO BINDING ARBITRATION, IT IS AGREED BY AND BETWEEN PASSENGER AND CHARTERER THAT ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS AGREEMENT, PASSENGER'S CRUISE, SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA LOCATED IN MIAMI-DADE COUNTY, FLORIDA, U.S.A., (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 STATE, TERRITORY OR COUNTRY. PASSENGER HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION THAT HE MAY HAVE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN THE APPLICABLE COURT LOCATED IN MIAMI-DADE COUNTY, FLORIDA.
- CLASS ACTION RELIEF WAIVER. PASSENGER HEREBY AGREES THAT EXCEPT AS PROVIDED IN THE LAST SENTENCE OF THIS PARAGRAPH, PASSENGER MAY BRING CLAIMS AGAINST CHARTERER ONLY IN PASSENGER'S INDIVIDUAL CAPACITY. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, PASSENGER AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CHARTERER, VESSEL OR TRANSPORT WHATSOEVER SHALL BE LITIGATED BY PASSENGER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND PASSENGER EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING PASSENGER TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION AS PROVIDED IN SECTION 10 BELOW, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 10.b BELOW, 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.
- NOTICE OF CLAIMS AND COMMENCEMENT OF SUIT OR ARBITRATION; SECURITY:
- TIME LIMITS FOR PERSONAL INJURY/ILLNESS/DEATH CLAIMS: NO SUIT SHALL BE MAINTAINABLE AGAINST CHARTERER, THE VESSEL OR THE TRANSPORT FOR PERSONAL INJURY, ILLNESS OR DEATH OF ANY PASSENGER UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO CHARTERER AT BOTH OF THE FOLLOWING ADDRESSES: (1) C/O CELEBRITY CRUISES INC., 1050 CARIBBEAN WAY, MIAMI, FL 33132 and (2) C/O FLOWER POWER CRUISE 20 LLC, 8260 WILLOW OAKS CORPORATE DRIVE SUITE 500 FAIRFAX, VA 22031; WITHIN SIX (6) MONTHS FROM THE DATE OF THE INJURY, ILLNESS OR DEATH AND SUIT IS COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DATE OF SUCH INJURY, ILLNESS OR DEATH AND PROCESS SERVED WITHIN 120 DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.
- ARBITRATION OF ALL OTHER CLAIMS: ANY AND ALL OTHER DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, EXCEPT FOR PERSONAL INJURY, ILLNESS OR DEATH OF A PASSENGER, BETWEEN PASSENGER AND CHARTERER, VESSEL OR TRANSPORT, 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 PASSENGER'S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, 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. THE ARBITRATION SHALL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND NAM’S FEE SCHEDULE IN EFFECT AT THE TIME OF THE PROCEDURE, EACH OF WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. ANY QUESTION ABOUT THE ARBITRATION ADMINISTRATORS MENTIONED ABOVE MAY BE DIRECTED TO THEM AS FOLLOWS: NATIONAL ARBITRATION AND MEDIATION, INC., 990 STEWART AVE, 1ST FL., GARDEN CITY, NY 11530, PHONE: (800) 358-2550 EXT. 128. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL NOR 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. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT PASSENGER OR CHARTERER 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. PASSENGER AND CHARTERER FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF THE PASSENGER ASSERTING THE CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. THE ARBITRATOR AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE. 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 SECTION 9 ABOVE GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS SECTION 10(b).
- TIME LIMITS FOR NON-INJURY/ILLNESS OR DEATH CLAIMS: NO PROCEEDING DESCRIBED IN SECTION 10(b) MAY BE BROUGHT AGAINST CHARTERER, VESSEL OR TRANSPORT UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO CHARTERER AT BOTH OF THE FOLLOWING ADDRESSES: (1) C/O CELEBRITY CRUISES INC., 1050 CARIBBEAN WAY, MIAMI, FL 33132 and (2) C/O FLOWER POWER CRUISE 20 LLC, 8260 WILLOW OAKS CORPORATE DRIVE SUITE 500 FAIRFAX, VA 22031; WITHIN THIRTY (30) DAYS AFTER TERMINATION OF THE TO WHICH THIS CONTRACT RELATES. IN NO EVENT SHALL ANY SUCH PROCEEDING DESCRIBED IN SECTION 10(b) BE MAINTAINABLE UNLESS SUCH PROCEEDING SHALL BE COMMENCED (FILED) WITHIN SIX (6) MONTHS AFTER THE TERMINATION OF THE CRUISE TO WHICH THIS CONTRACT RELATES AND VALID NOTICE OR SERVICE OF SUCH PROCEEDING IS EFFECTED WITHIN SIXTY (60) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.
- LIMITATIONS OF LIABILITY:
- CHARTERER SHALL NOT BE LIABLE FOR INJURY, DEATH, ILLNESS, DAMAGE, DELAY OR OTHER LOSS TO PERSON OR PROPERTY, OR ANY OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR ANY OTHER CAUSE BEYOND CHARTERER'S REASONABLE CONTROL, OR ANY ACT NOT SHOWN TO BE CAUSED BY CHARTERER'S NEGLIGENCE.
- PASSENGER AGREES TO SOLELY ASSUME THE RISK OF INJURY, DEATH, ILLNESS OR OTHER LOSS, AND CHARTERER IS NOT RESPONSIBLE FOR PASSENGER'S USE OF ANY ATHLETIC OR RECREATIONAL EQUIPMENT; OR FOR THE NEGLIGENCE OR WRONGDOING OF ANY INDEPENDENT CONTRACTORS, INCLUDING BUT NOT LIMITED TO PHOTOGRAPHERS, SPA PERSONNEL OR ENTERTAINERS; OR FOR EVENTS TAKING PLACE OFF THE CHARTERER'S VESSELS, LAUNCHES OR TRANSPORTS, OR AS PART OF ANY SHORE EXCURSION, TOUR OR ACTIVITY.
- CHARTERER HEREBY DISCLAIMS ALL LIABILITY TO THE PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES, WHEN SUCH DAMAGES WERE NEITHER THE RESULT OF A PHYSICAL INJURY TO THE PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY THE CHARTERER. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL CHARTERER BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.
- FITNESS TO TRAVEL; DENIAL OF BOARDING; MINORS:
- Passenger warrants that he and those traveling with him are fit for travel and that such travel will not endanger themselves or others.
- Minimum Age. FPC20 strictly prohibits Minors from booking a cabin or sailing onboard the ship even if they are accompanied by an adult. FPC20 reserves the right to cancel a reservation, deny entry onboard the ship or require a passenger to disembark immediately if they are in violation of this policy with no refund or compensation to the passenger. FPC20 reserves the right to request proof of age at any time and Passenger's age on the date of sailing determines his or her status for the entire cruise vacation.
- Pregnancy and Infants - Any Passenger who will enter the 24th week of pregnancy by the beginning of, or at any time during their cruise agrees not to book the cruise or board the Vessel or Transport under any circumstances.
- Special Needs. Any Passenger with mobility, communication or other impairments, or other special or medical needs that may require medical care or special accommodations during the Cruise or CruiseTour, including but not limited to the use of any service animal, must notify the Charterer of any such condition at the time of booking. Passenger agrees to accept responsibility and reimburse Charterer for any loss, damage or expense whatsoever related to the presence of any service animal brought on board the Vessel or Transport. Passengers acknowledge and understand that certain international safety requirements, shipbuilding standards, and/or applicable regulations involving design, construction or operation of the Vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Passengers requiring the use of a wheelchair must provide their own wheelchair (that must be of a size and type that can be accommodated on the Vessel) as wheelchairs carried on board are for emergency use only.
- Charterer shall have the right to deny boarding for violations of any of the policies set forth in this Section 11. If Charterer exercises its rights under this Section 12, Passenger shall have no claim against Charterer whatsoever and Charterer shall have no liability for refund, compensation loss or damages of Passenger, including but not limited to any expenses incurred by Passenger for accommodations or repatriation.
- USE OF PHOTOS, VIDEOS OR RECORDINGS:
Passenger hereby grants to Charterer (and its assignees and licensees) the exclusive right throughout the universe and in perpetuity to include photographic, video, audio and other visual or audio portrayals of Passenger taken during or in connection with the Cruise (including any images, likenesses or voices) in any medium of any nature whatsoever (including the right to edit, combine with other materials or create any type of derivative thereof) for the purpose of trade, advertising, sales, publicity, promotional, training or otherwise, without compensation to the Passenger. Such grant shall include the unrestricted right to copy, revise, distribute, display and sell photographs, images, films, tapes, drawings or recordings in any type of media (including but not limited to the Internet). Passenger hereby agrees that all rights, title and interest therein (including all worldwide copyrights therein) shall be Charterer's sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger.
Passenger hereby agrees that any recording (whether audio or video or otherwise) or photograph of Passenger, other Passengers, crew or third parties onboard the Vessel or depicting the Vessel, its design, equipment or otherwise shall not be used for any commercial purpose, in any media broadcast or for any other nonprivate use without the express written consent of Charterer. The Charterer shall be entitled to take any reasonable measure to enforce this provision.
- YOUR TRAVEL AGENT:
Passenger acknowledges and confirms that any travel agent utilized by Passenger in connection with the issuance of this Contract is, for all purposes, Passenger's agent and Charterer shall not be liable for any representation made by said travel agent. Passenger understands and agrees that receipt of this Contract or any other information or notices by Passenger's travel agent shall be deemed receipt by the Passenger as of the date of receipt by the agent. Passenger acknowledges that Charterer is not responsible for the financial condition or integrity of any travel agent.
Any provision of this Agreement that is determined in any jurisdiction to be unenforceable for any reason shall be deemed severed from this Agreement in that jurisdiction only and all remaining provisions shall remain in full force and effect.
- TRANSFERS AND ASSIGNMENTS:
This Contract may not be assigned, sold or otherwise transferred by the Passenger. Among other things, this means that the Passenger cannot sell or transfer this Contract to someone else, and Charterer shall not be liable to the Passenger or any other person in possession of a Contract for honoring or refunding such Contract when presented by such other person. The Charterer may assign, convey or transfer its rights in this Agreement to any parent, subsidiary or affiliate of the Charterer or to anyone else if Passenger fails to object (for good cause) within ten (10) days after being notified of the proposed assignment, conveyance or transfer. If the Passenger objects for good cause and in a timely fashion, then his sole remedy shall be to terminate the Cruise and the Charterer’s sole liability shall be to provide a full refund of his Cruise Fare.
Celebrity Cruises Inc., 1050 Caribbean Way, Miami, FL 33130.
Flower Power Cruise 20 LLC, 8260 Willow Oaks Corporate Drive, Suite 500, Fairfax, VA 22031