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CAMP MEETING AT SEA 2009
TERMS AND CONDITIONS
Please read carefully and then proceed to the registration form by clicking the link at the
bottom of this page. By clicking the link at the bottom of this page to take you to the registration form you are acknowledging that you have read,understood and agree to these terms and conditions
THE FOLLOWING DOCUMENTS [COLLECTIVELY, THE “CONTRACT”] CONTAIN:
(A) THE CONTRACT BETWEEN YOU AND HOLLAND AMERICA CRUISE LINES [THE “PASSENGER CONTRACT”] AND
(B) SUPPLEMENTAL TERMS, CONDITIONS AND LIMITATIONS AS BETWEEN YOU AND CLASSIC TRAVEL AND PHILLIPS LTD.. WITH RESPECT TO THE CRUISE.
THESE DOCUMENTS CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHTS. AND CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND HOLLAND AMERICA CRUISE LINES AND BETWEEN YOU AND CLASSIC TRAVEL AND (AS DEFINED BELOW). PLEASE READ CAREFULLY ALL THE TERMS OF THIS CONTRACT, PAYING PARTICULAR ATTENTION TO SECTIONS 1 AND 13 THROUGH 17 OF THE WINDATSR CRUISES PASSENGER CONTRACT (below) AND SECTIONS 1 THROUGH 7 OF THE CLASSIC TRAVEL AND PHILLIPS LTD./BIG ARIBBEAN CRUISE 3 SUPPLEMENTAL TERMS AND CONDITIONS AND RETAIN THEM FOR YOUR FUTURE REFERENCE.
Classic Travel is a registered seller of travel in California (CST# 10151176-50).
The Camp Meeting At Sea Terms and Conditions are subject to change at any time. All references to "Classic Travel" shall be understood to include Classic Travel and any entity wholly owned by Phillips, Ltd. or affiliated through ownership with the owners of Phillips, Ltd. All references to "" shall be understood to include any entity wholly owned by Phillips Ltd. All references to "Holland America" shall be understood to mean Holland America Cruises. All references to "AICG" refer to Ambassadors International Cruise Group (USA), LLC, a Delaware (U.S.A.) corporation that acts as the agent of Owner and is doing business as Holland America Cruises.
For purposes hereof, each reference to a Holland America "promotional partner" shall include Classic Travel . All references to the "Cruise" or to Camp Meeting At Sea (or any variation of the event name) shall be understood to refer to the Camp Meeting at Sea 2009. All references to "Guest" shall have the same meaning as "Passenger" for purposes of this Contract and shall include each person listed on a Ticket Contract and each person, other than Classic Travel personnel, personnel, and artists and artist personnel, who embarks on the Cruise or attends any Cruise or Cruise related event, whether or not listed on a Cruise Ticket Contract. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine as context requires.
Each Guest’s reservation for the Camp meeting at Sea cruise, acceptance and/or use of the Ticket Contract, embarkation on the Cruise, and attendance at any Cruise event constitute the acceptance of and agreement to this Contract, including each and all of the Supplemental Terms and Conditions hereof and of the Holland America Cruise Line Passenger Contract.
By purchasing or accepting the Ticket Contract for the Camp Meeting At Sea, you represent to and for the benefit of Classic Travel, , and Holland America that you are authorized by all Guests named in your reservation group, including each minor, if any, to accept and agree on behalf of each such Guest to be bound by all the Supplemental Terms and Conditions of this Contract. This Contract is not transferable and you may not sell or assign it. It is valid only on the vessel and for the voyage and event indicated. This Contract may not be modified except in writing signed by Classic Travel, , and the Holland America Passenger Contract may not be modified except as provided therein. The terms, conditions and limitations herein shall apply to any and all disputes between you and Classic Travel, and , regardless whether arising aboard the vessel or in any other place, location or any mode of transportation whatsoever. All rights, defenses, disclaimers and limitations of liability set forth herein shall inure to the benefit of Classic Travel, and , and all concessionaires, independent contractors or other providers of any services or facilities in connection with or incident to the Guest’s cruise, as well as any of their affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; and all suppliers, shipbuilders, component part manufacturers; and their owners, operators, managers, charterers, agents, pilots, officers, crew, employees and vessels. Neither Classic Travel, , nor any of its employees have any authority to change, modify, alter or suspend any of the provisions of the Contract between the Guest and Carnival which shall govern the relationship between Guest and Carnival exclusively.
CLASSIC TRAVEL AND SUPPLEMENTAL TERMS AND CONDITIONS
The following Supplemental Terms and Conditions are incorporated in and made a part of the Contract between each Guest and Classic Travel and . Each reservation or acceptance or utilization of the Holland America Passenger Contract or embarkation on the Cruise or attendance at any Cruise related event constitutes agreement with and acceptance of the following Supplemental Terms and Conditions, in addition to the terms and conditions of the Holland America Passenger Contract:
1. Nature of the Cruise
The Camp Meeting At Sea is an event cruise featuring performances by featured "artists". Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular concert on any particular date. Classic Travel, , and Guest agree that Guest is purchasing passager on board a specific vessel during a specific period of time during which time it is anticipated that artists will perform more than one concert(s) on board the vessel and/or ashore during the Cruise. While every effort is made by Classic Travel to assure Guests may attend events and performances, Classic Travel and , cannot guarantee that any Guest will be able to attend every performance during the Cruise.
The Camp Meeting At Sea is organized and presented by Classic Travel and Adventist Media Center. The entertainment retained by AMP and their individual members, entities, organizations, affiliates, agents, representatives, employees, officers, directors, managers, successors and assigns are not part of the organizers of this cruise and are contracted independently to provide entertainment as agreed upon by Camp Meeting At -the organizer, Classic Travel and . As such they disclaim any responsibility or liability with respect to the cruise, transportation or any activities related thereto and (2) shall be entitled to the full protection of any and all contractual provisions or law which limits the liability of any party or parties in any manner involved in the cruise.
Classic Travel, and their employees, agents, and assigns (collectively Classic Travel and ), do not own or operate any entity which is to, or do, provide goods or services for your cruise including, for example, lodging facilities, airline, cruise line, vessel or other transportation companies, guides or guide services, local ground operators, providers or organizers of optional excursions, food service providers, etc. All such persons and entities are independent contractors. As a result, is not responsible for any negligent or willful act or failure to act of any such person or entity or of any third party.
In addition and without limitation, is not responsible for any injury, loss, death, inconvenience, delay or damage to any person or property in provision with any goods or services whether resulting from, but not limited to acts of God or force of nature, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, mechanical failure of airplanes or other means of transportation mechanism to arrive or depart timely.
If due to weather, flight schedules, or other uncontrollable factors Guest is required to spend additional night(s), Guest will be responsible for hotel, transfers and meal costs. Baggage is entirely at owner's risk. The right is reserved to decline to accept or retain any person as a member of the Cruise at any time. Specific cabin assignments are within the sole discretion of the ship’s hotel manager and/or Classic Travel Guests must be over the age of eighteen (18) years old. Any Guest under the age of eighteen years must receive express permission from Classic Travel and be accompanied by a responsible adult over the age of twenty one years. Although Classic Travel seek to verify the accuracy of published information on web site, brochure, or other material, mistakes may occur. Consequently, Classic Travel reserves the right to refuse or rescind any booking which Classic Travel concludes was made on the basis of erroneous or incorrect information (such as typographical errors or other mistakes as to the specified pricing).
2. Pricing and Payments
Payment Schedule
A). Due at time of Registration $630.00 per person.
You will receive an invoice as an acknowledgement of your deposit made.
B). Final payment due on 4th September, 2009
Please note that your credit card will automatically be charged for the balance at the time final payment needs to be made. You will receive a zero balance invoice accordingly
Any reservations made after the final payment date of September 4, 2009 must be paid in full with registration.
Reservation is made and held under the name of Passenger "1" and he/she is responsible for the registration, payments and for all correspondence with Classic Travel and . All contacts and cruise info will be directed to them.
Payments not received by the dates indicated are subject to a late fee of no less than $50.00 (USD). Any payment not received within 7 days after the scheduled date will be charged automatically to the credit card on file for Passenger "1" (as hereinafter defined) or, in the event the initial payment was made by someone not traveling, the credit card on file for the initial payment. In such a case the minimum late fee will be $50.00 (USD). Payments not made or collected within 14 days of the due date will risk cancellation of the reservation at the cancellation fee outlined below.
3. Changes, Transfers and Cancellation
Terms and conditions defined in this paragraph supersede Holland America’s policies.
All deposits and payments are non-refundable with the following exceptions:
- Cancellations prior to September 4, 2009 are fully refundable - subject to a $30.00 per person administrative fee.
- Cancellations after September 4 but prior to October 18, 2009- 50% of monies paid are refundable.
- Cancellations after October 18 but prior to November 18 - 75% of monies paid are refundable
- Cancellations after November18, 2009 are 100% non-refundable.
- Refunds will be issued within 45 days of notice by check or credit.
Classic Travel offer and RECOMMEND (but do not require) that each Guest purchase travel insurance for the Cruise. Because of the nature of the Cruise, there is a strict cancellation policy. Travel Insurance is available through Classic Travel – please ask them for a quote which is age and type of policy specific.
All changes, transfers or cancellations may be made only by the Passenger "1". Passenger "1", in whose name the reservation is held, may change the name of any accompanying passenger in the same cabin subject to a charge of $50.00 prior to the final payment date. Any other reservation change, subsequent changes to the name of any accompanying passenger in the same cabin, or any change after September 4, 2009 will be subject to a minimum $100.00 administrative fee before the change is effected.
A reservation for the cruise is valid only for the person(s) named within as Guests and cannot be transferred without the written consent Classic Travel.
Guests that have purchased cruise insurance and need to cancel for a covered condition may be able to make a claim with the insurance carrier to recover any lost payments.
4. Acceptance and Agreement to Holland America Cruises Passenger Contract
By making the reservation for the Camp Meeting At Sea or by the accepting and/or using the Passenger Contract by the persons named thereon as Guests, and/or embarking on the Cruise and attending any Cruise-related events, Passenger "1" and each Guest on the same reservation, acknowledges he or she has read, understands and agrees to be bound by each and every term, condition and provision of the Holland America Cruises Passenger Contract and agrees to be bound thereby. Each Guest further agrees that, pursuant to the provisions of paragraph 1(a) of the Holland America Cruises Passenger Contract, Classic Travel and , is included within the term “Holland America” in the Cruise Ticket Contract and that Classic Travel and shall be entitled to the benefit of all rights, terms, conditions, and limitations granted by Holland America to Classic Travel and were specifically named therein.
5. Breach or Cancellation by Performing Artist
Adventist Media Center has entered into an agreement with the performing artists on the Camp Meeting At Sea to be present on board the Cruise and to perform in accordance with terms specified therein. However, neither Classic Travel, nor Holland America shall be liable or responsible for failure of any artist or musician to appear on board or ashore or to perform under its agreement. Further, neither Classic Travel, , nor Holland America shall be liable or responsible for any loss, damage, cost, or expense of any kind to any Guest or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the vessel (for which the Master shall be the sole judge), breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by governmental authority, illness, death of a family member or other cause or circumstance beyond Classic Travel's nor 's reasonable control. In the event of any failure of contracted artists to perform during the cruise, Adventist Media Center, in their sole discretion, may engage a replacement artist or artists, or may change, postpone or terminate all or any part of the Cruise or the entertainment program or change the program or itinerary. In such case, Classic Travel nor Adventist Media Center shall have no liability to any Guest for any loss, damage, and cost or expense whatsoever by reason of such change.
In any other case including without limitation any breach of contract or failure to perform by any artist or musician, Guest, Classic Travel, acknowledges that Guest’s actual losses arising from such breach, cancellation or termination would be difficult if not impossible to calculate at the time of entry into this Agreement. A number of factors contribute to these uncertainties including without limitation the fact that Guest has embarked on a cruise and other substitute entertainment will be provided for Guest’s enjoyment and the difficulty of arranging substitute entertainment.
6. Cancellation of the Cruise
Holland America Cruises has reserved, in paragraph 5 of the Holland America Passenger Contract, the right to cancel the Cruise, and by extension the Ticket Contract at the port of embarkation or at any time during the voyage. If the Cruise is cancelled before commencement, you will be entitled, as your exclusive remedy, to receive the applicable Refund Amount. If the Cruise is cancelled during the voyage, each Guest shall receive a reasonable allowance determined on a pro rata basis by taking into account the time missed relative to the scheduled duration of the Cruise. Classic Travel shall have no further liability for damages or compensation of any kind.
7. Forum
It is agreed by and between each Guest and Classic Travel and Adventist Media Center that all disputes and matters whatsoever arising under, in connection with or incident to this agreement or to the Camp Meeting At Sea, including any dispute or matter arising out of or related to Guest’s travel to the vessel involving Classic Travel and , shall settled solely and exclusively by binding arbitration in Ventura, California in accordance with the rules of the American Arbitration Association then existent.
HOLLAND AMERICA PASSENGER CONTRACT
IMPORTANT TERMS AND CONDITIONS OF CONTRACT - READ CAREFULLY
ISSUED SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS ON THIS PAGE AND THE FOLLOWING PAGES. READ TERMS AND CONDITIONS CAREFULLY.
IMPORTANT NOTICE TO PASSENGERS
THIS DOCUMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. THIS CONTRACT CONTAINS ALL TERMS OF OUR AGREEMENT AND SUPERCEDES ALL OTHER ORAL OR WRITTEN AGREEMENTS, COMMUNICATIONS OR REPRESENTATIONS. THE WORD "YOU" REFERS TO ALL PERSONS TRAVELING UNDER THIS CONTRACT INCLUDING THEIR HEIRS, SUCCESSORS IN INTEREST AND PERSONAL REPRESENTATIVES. THE WORDS "WE” AND “US" REFER TO THE OWNER AND AICG. CERTAIN OTHER PERSONS AND ENTITIES, AS WELL AS THE SHIP ITSELF, ARE ALSO GRANTED RIGHTS UNDER THIS CONTRACT.
NOTICE: YOUR ATTENTION IS ESPECIALLY DIRECTED TO CLAUSES A.1, A.3, A.4, A.5, A.6, A.7, A.9 AND C.4 BELOW, WHICH CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHT TO ASSERT CLAIMS AGAINST US AND CERTAIN THIRD PARTIES.
THIS CONTRACT ALSO INCLUDES THE CONDITIONS UNDER WHICH AICG BOOKS AIR TRANSPORTATION IF YOU ARE PARTICIPATING IN HOLLAND AMERICA’S HOME CITY AIR PROGRAM. IF ANY OF THESE CONDITIONS DO NOT MEET WITH YOUR APPROVAL, YOU HAVE THE OPTION OF ARRANGING AIR TRANSPORTATION INDEPENDENTLY IN WHICH EVENT THE AIR ADD-ON AMOUNT PAID TO AICG WILL BE REFUNDED.
ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS CONTRACT, THE CRUISE OR THE HOLLAND AMERICA AIR PACKAGE SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE, OR, AS TO THOSE LAWSUITS AS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, IN THE COURTS OF KING COUNTY, STATE OF WASHINGTON, U.S.A., TO THE EXCLUSION OF ALL OTHER COURTS.
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IMPORTANT TERMS AND CONDITIONS OF CONTRACT--READ CAREFULLY BEFORE ACCEPTING
A. GENERAL PROVISIONS
1. Important Definitions/Refunds/Third Party Beneficiaries: (a) "Ship" refers to the ship that will provide the ocean transportation portion of the Cruise. All of the Ships are registered in the Bahamas and owned by Bahamian corporations. "Owner" refers to the owner of the Ship; the WIND SPIRIT is owned by Wind Spirit Limited; the WIND STAR is owned by Wind Star Limited; and the WIND SURF is owned by Degrees Limited. Ship ownership and registry are subject to change. "Cruise" refers to the specific cruise indicated in this booklet, as it may be modified by us under this contract, and shall include periods during which you are embarking or disembarking the Ship or are on shore while the Ship is in port. "AICG" refers to Ambassadors International Cruise Group (USA), LLC, a Delaware (U.S.A.) corporation that acts as the agent of Owner and is doing business as Holland America Cruises. "Initial Departure" means the time at which you first begin transit by any means of transport booked by us (including air transportation) for the purpose of taking the Cruise. “Holland America Air Package” refers to air transportation booked for you by us to enable you to travel to and from your Cruise.
(b) "Refund Amount" refers to that portion of the Cruise or Holland America Air Package fare which has actually been received by us. A portion of your fare was retained by or paid to your travel agent to compensate the agent for their services. The Refund Amount does not include the portion of the fare retained by or paid to your agent. You are solely responsible for obtaining the refund of these retained or paid amounts. Any refund to you will be affected only in the currency received by us and in the country in which the fare has been paid and subject to any foreign exchange regulations in force in that country.
(c) Certain third parties derive rights and exemptions from liability as a result of this contract. Specifically, all of our rights, exemptions from liability, defenses and immunities under this contract (including, but not limited to, those arising under Clauses A.3, A.4, A.5, A.6, A.7, A.9 and C.4) or applicable law will also inure to the benefit of our employees and agents, together with the Ship and the Ship's tenders, operators, managers, officers, staff, crewmembers, shipbuilders and manufacturers of all component parts. These third parties will have no liability to you, either in contract or in tort, which is greater than or different from ours.
2. Providing Cruise and Holland America Air Package: In consideration of the receipt in full of the fare and subject to the terms and conditions of this contract: (a) Owner agrees to transport you on the Ship in order to enable you to take the Cruise; and (b) as to Holland America Air Packages, AICG agrees to book the air transportation required at the commencement and conclusion of your Cruise. This contract is valid only for the Cruise and for the cabin specified in this Cruise Contract booklet (or any other cabin assigned by us).
3. Time Limits for Noticing Claims and Filing and Service of Lawsuits: In any case governed by 46 United States Code Section 183b, which is a United States statute that permits any ship-owner to limit the time during which a passenger may file a claim or commence suit against a ship-owner, you may not maintain a lawsuit against us or the Ship for loss of life or personal injury, including emotional distress, unless written notice of the claim is delivered to us not later than six (6) months after the day of death or injury, the lawsuit is commenced not later than one (l) year after the day of death or injury, and valid service of the lawsuit on Owner, AICG or the Ship, as applicable, is made within thirty (30) days following the expiration of that one-year period. For all other claims, including but not limited to claims for loss or damage to baggage, breach of contract, misrepresentation, illness or death or injury, not governed by 46 United States Code Section 183b, you may not maintain a lawsuit against us or the Ship, nor will we or the Ship be liable therefore, unless we are provided with written notice of claim within thirty (30) days after conclusion of the Cruise, the lawsuit for such claim is commenced not later than six months after conclusion of the Cruise, and valid service of the lawsuit on Owner, the Ship or AICG, as applicable, is made within thirty (30) days following the expiration of that six-month period. In the case of a claim by or on behalf of a minor or legally incompetent person, or in the case of a wrongful death claim, the time periods described above shall begin to run on the earlier of: (a) date of appointment of a legal representative for the minor or legally incompetent person, or their estate (as the case may be); or (b) three (3) years after the day of death, injury or damage, as applicable.
4. Limitation on Liability/Non-Holland America Services: (a) In the event you are injured, become ill, or die, or your property is lost or damaged, or you and/or your property is delayed, or you sustain any other loss or damage whatsoever, we will not be liable to you unless the occurrence was due to our negligence or willful fault. We disclaim liability to you under any circumstances for infliction of emotional distress, mental suffering or psychological injury which was not: (i) the result of physical injury to you caused by the negligence or fault of a crewmember or the manager, agent, master, owner or operator of the Ship; (ii) the result of you having been at actual risk of physical injury caused by the negligence or fault of a crewmember or the manager, agent, master, owner or operator of the Ship; or (iii) intentionally inflicted by a crewmember or the manager, agent, master, owner or operator of the Ship. In no event will we be liable to you for consequential, incidental, exemplary or punitive damages.
(b) We do not undertake to supervise, nor assume any liability in respect of the acts or omissions of the Ship's barbers, beauticians, masseurs, masseuses or photographers, all of whom are either independent contractors or are employed by independent contractors, and work directly for the passenger when performing their services. As to your Cruise, certain transportation will be provided using equipment owned or operated by us. All other transportation, shore excursions, accommodations and services in the air and on shore (referred to as "Non-Holland America Services") are performed by third parties who are independent contractors, and not by us. By way of example only, Non-Holland America Services include goods and services provided by shore side physicians, air ambulance, hotels, restaurants, airlines (including the airline(s) used in any Holland America Air Package), railroads, tour operators (other than us), helicopter operators, amusement park operators, day boat operators and Motorcoach operators. As a result, you are assuming the entire risk of utilizing Non-Holland America Services subject only to whatever terms or arrangements are made by you or on your behalf with the third party furnishing the Non-Holland America Service. Money received in respect of Non-Holland America Services by us is received only as an independent contractor, to be paid to the third party (less retained commission, if any). We will not be liable for the refund of this money to you except to the extent retained and not owed by us to a third party providing Non-Holland America Services. Similarly, any medical examination or treatment you receive from personnel aboard ship during the Cruise is provided solely for your convenience by independent contractors rather than our agent or employee. We do not undertake to supervise the medical expertise of any such personnel and will not be liable for the consequences of any examination, advice, diagnosis, medication, treatment, prognosis or other professional services which a doctor or nurse may furnish or fail to furnish to you. Furthermore, you may be charged for such professional services.
(c) You assume all risks for injury, death or loss as a consequence of your use of the Ship's athletic or recreational equipment or as a consequence of criminal conduct by any third party. In addition to the limitations of, and exemptions from, liability granted under this contract, we also retain any and all limitations of, and exemptions from, liability accorded to ship-owners by statute or rule of law including, without limitation, those provided for in 46 United States Code App. Sections 181-186 and 188, which are United States statutes limiting the liability of vessel owners.
(d) During your Cruise, we are transporting you and your property only between ports of call. At ports where the Ship is unable to dock, we will arrange for appropriate transportation from the place where the Ship is at anchor to the dock. Persons with mobility impairments should refer to the Setting Sail booklet regarding limitations on our ability to help you go ashore.
5. Change in Itinerary/Cancellation: (a) Although we will use our best efforts to provide you with the Cruise, situations may occur which require that changes be made. By way of example only, we may adjust itineraries and schedules, delay departures or arrivals, or cancel a Cruise, due to casualty, weather, labor problems, the need to render assistance to others, governmental or insurer directives, passenger or employee injury or illness, schedule delays or changes by third parties, repair and maintenance requirements, fuel or other shortages, or damage to the Ship, other means of transportation, roads, tracks, bridges, docks, equipment or machinery. Furthermore, the Master of the Ship may, in his/her sole discretion, elect not to proceed in the ordinary course. Consequently, we cannot guarantee the itinerary of the Cruise (including time of sailing from or arrival at any port or that all ports will, in fact, be called at). We reserve the right to provide you with alternative transportation whenever the Cruise is unable to proceed or be completed in the ordinary course or, in the case of hotels, to substitute facilities of similar category in cases where the planned hotel is unavailable due to overbooking or otherwise.
(b) 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, port of call or the entire Cruise.
(c) If the Cruise is cancelled, we may disembark you at any port, 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. 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, to receive the applicable Refund Amount. If a Cruise is cancelled after commencement, you will be entitled, as your exclusive remedy, to receive the applicable Refund Amount 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.
(d) You acknowledge that for round trip cruises commencing in the United States that stop in other ports of the United States, you may visit but may not permanently disembark in any U.S. port other than the port of embarkation. If you do disembark in a different U.S. port, a fine or penalty may be imposed by the United States government. In consideration of the fare paid, you hereby agree to pay any such fine or penalty imposed because of your failure to complete the entire cruise.
6. Authority to Remove Passengers: We may reasonably determine that for your safety, the safety of the Ship or the safety or comfort of other passengers or our employees, you be denied transportation either before or during the Cruise. By way of example, these would include situations where: (a) you are or become in such condition as to be unfit to travel or dangerous or obnoxious to other passengers or employees; or (b) you are inadmissible under the immigration or other laws of any country included in the Cruise itinerary or fail at any time to possess required travel documents; or (c) you fail to abide by the rules or orders of the Master or other ship’s officers. If transportation is denied after departure, you and your baggage may be landed or transported to any port or location that we select, without any resulting liability on our part.
7. Baggage: (a) We will carry as baggage only your personal effects consisting of wearing apparel, toilet articles and similar items for your wearing, comfort or convenience during the Cruise and not belonging to or intended for use by any other person or for sale. Radioactive materials, controlled substances (other than lawfully obtained prescription drugs), firearms and illicit materials are strictly prohibited. For loading and unloading the Ship and other means of transportation, all baggage must be tendered for carriage in securely constructed and locked suitcases or trunks. All baggage must be able to be safely stowed in your cabin on the Ship. The only animals permitted to accompany you are qualified service animals for passengers with disabilities; you are responsible for complying with governmental health and other requirements as to service animals.
(b) We are not liable for: (1) any loss, damage or delay before baggage comes into our actual custody at the commencement of your Cruise or after baggage leaves our actual custody at the conclusion of your Cruise; (2) any loss, damage or delay while baggage is not in our custody which includes any period during which baggage is in the custody of airlines (including airlines booked as part of a Holland America Air Package); or (3) damage due to wear, tear or normal usage. For security and legal reasons, baggage is subject to search, and illegal or potentially unsafe property is subject to seizure, both before and during the Cruise.
(c) We do not assume any liability for any loss of or damage to or delay of perishable items, medicine, liquor, cash, credit or debit cards, jewelry, gold, silver or similar valuables, securities, financial instruments, records or other valuable or business documents, computers, cellular telephones, cameras, hearing aids, electric wheelchairs, scooters, or other video or electronic equipment, binoculars, film, videotape, computer disks, audio disks, tapes or CDs. These items should not be left lying about the Ship or your cabin, nor should they be left unattended on other vessels, railcars or other vehicles or in hotels, or placed in luggage other than a bag that you carry with you. In addition, we do not assume any liability for any loss of or damage to carry-on baggage left unattended on the Ship or on other means of transportation or in hotels. The Ship and certain hotels may be equipped with cabin or room safes or safe-deposit boxes in the Ship's or hotel's Front Office; using these facilities will not, however, increase our liability as provided in this contract.
(d) The fare has been established on the basis of our assumption that the total value of your property that you are taking with you on the Cruise (exclusive of the items mentioned in Clause 7(c) above) will not exceed $100 (U.S.) or $600 (U.S. if you purchased from us the Cancellation Protection Plan and Additional Baggage Protection. Accordingly, if we, due to any cause whatsoever, are liable for loss or damage to, or delay of, your property, the amount of our aggregate liability will not exceed $100/$600 (as is applicable) unless you have specified to us the true value of your property and paid before commencement of the Cruise, at the Ship's Front Office or directly to us, 1% of the value in excess of $100/$600. In that event, our aggregate liability will be limited to the amount so specified. Whether or not a value in excess of $100/$600 has been specified, the limit on liability will be proportionately reduced in any case where less than all of your property is lost, damaged or delayed. Without increasing the above limits: (1) our aggregate liability will never exceed, and all settlements will be made on the basis of, original cost less depreciation; (2) damaged items will be settled on the basis of repair costs; and (3) lost, damaged or delayed baggage must be reported to an AICG representative within 48 hours after discovery and written claim to us must be made within 30 days after conclusion of the Cruise as provided in Clause A.3 above.
8. Passenger Liability in Certain Cases: You will be required to reimburse us for all expenses we incur as a result of any misrepresentation made by you, as a result of the need to provide you with medical services, as a result of your detention by immigration, health or port authorities, or as a result of any personal injury or damage caused by your acts or omissions or the acts or omissions of any minor (under age 21) traveling with you. We will have a lien for such expenses on your property that you have taken with you on your Cruise. If, due to weather or other unforeseen reasons, flights are adversely impacted or you are otherwise required to spend an additional night in a location, hotel and meal costs are your responsibility.
9. Travel Agents: Any travel agent you use in connection with your Cruise acts solely for you and is deemed your agent. We are not responsible for the financial condition or integrity of any such travel agent. In the event that an agent fails to remit to us any monies paid by you to the agent, you remain liable for the fare due us, regardless of whether we demand payment before or after Initial Departure. Any refund made by us to an agent on your behalf is considered, for purposes of this contract, as being the same as payment to you whether or not the monies are delivered by the agent to you. Receipt of any documents or information by your travel agent, including but not limited to this contract, shall be deemed to constitute receipt by you.
10. Passenger Condition: There are risks inherent to being aboard the Ship. These include, by way of example, having to evacuate the Ship in case of emergency, having to move about on the Ship during rough seas and lack of access to full medical services. For people who are ill or who are mentally or physically disabled or impaired, these risks are more significant. For example: access to all parts of the Ship, other means of transportation or to facilities on shore may be difficult or impossible for some passengers. In addition, medical evacuations during the cruise whether at sea, by tender, or by deviating from the scheduled itinerary, may create an increased risk of harm and may not be feasible for a variety of reasons. We reserve the right to determine, in our sole discretion exercised in good faith, whether and when a medical evacuation from the ship will occur. Please note that the Wind Star and Wind Spirit do not have any elevators. For these reasons, we require that if you have any special medical, physical or other requirements, these be brought to our attention immediately upon receipt of this contract. In limited situations where you would be unable to satisfy certain specified safety and other criteria, even when provided with appropriate auxiliary aids and services, we reserve the right to refuse permission to participate in all or part of the Cruise.
11. Compliance with Laws/Minors: Immigration, health and other laws, both in the United States and other countries, may require that you obtain a certain visa, hold a passport, be inoculated, obtain parental consent or otherwise obtain documentation prior to entering or returning to a country. It is your responsibility to take all steps as may be required to enable you to comply with these laws. All persons under 18 years of age must be accompanied and supervised by a parent or guardian. Persons under 21 years of age are not permitted to consume alcoholic beverages; parents and guardians are obligated to insure compliance with this requirement.
12. Personal Information; Authority to Use and Sell Pictures, Video Images and Audio Recordings: Personal information we collect from you may be used by us or our affiliates for marketing purposes; it will not, however, be sold to unaffiliated third parties. In addition, some governmental and quasi-governmental agencies require or request that we provide them with your personal information. You authorize us to use and/or provide to others your personal information as described above and acknowledge that we do not assume any liability to you for our doing so. We periodically photograph or otherwise film people participating in Cruises for retail, marketing, promotional, publicity and training purposes. Without any requirement that we compensate you or obtain any additional approvals from you, we are authorized to include photographic, video recordings and other visual portrayals of you, as well as voice recordings included with any videos, in photographs, videos, DVDs or other mediums that we sell at retail or utilize for marketing, promotional, publicity and/or training activities.
13. Governing Law; Transferability; Separability: This contract is issued at Seattle, Washington. As to any cruise that does not begin, end or call at a port in the United States of America, we shall be entitled to any and all damages limitations, immunities and rights applicable to us 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 Passenger and Their Luggage by Sea” of 1976 (“Athens Convention”). The Athens Convention limits our liability for death or personal injury of a passenger to no more than 46,666 Special Drawing Rights as defined therein (approximately U.S. $65,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal). 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 shall apply, including Title 46 of the United States Code, sections 182 through 186. Except as otherwise set forth, this contract shall be governed by and construed in accordance with the general maritime law of the United States; to the extent such maritime law is not applicable, it shall be governed by and construed in accordance with the laws of the State of Washington (U.S.A.). This contract cannot be transferred by you. Any additions, deletions or other alterations to, or waivers of any term of, this contract which is purported to have been made by us and which have not been agreed to in writing by the President of AICG will not be legally binding upon us. Any provision of this contract which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and the validity and enforceability of the remaining terms and conditions of this contract will not otherwise be affected, nor will the validity and enforceability of such provision be affected in any other jurisdiction.
B. THE CRUISE
1. Additions to Fare, Non-Discountable Amount, Taxes and Surcharges: (a) The fare that you paid was determined far in advance of Initial Departure on the basis of then-existing projections of fuel and other costs. In the event of an increase in fuel or other costs above amounts projected, we have the right to increase the fare at any time up to Initial Departure and to require payment of the additional fare prior to Initial Departure. We have the right to refuse to transport you unless the additional fare is paid. Within seven (7) days after you are notified of the additional fare (but no later than Initial Departure), you may elect to surrender this contract to us for cancellation, whereupon you will receive the Refund Amount. Cancellation fees do not apply to this type of refund.
(b) Your cruise fare includes a "Non-Discountable Amount." That portion of the fare is both non-commissionable to travel agents and not subject to reduction in the event of a percentage discount promotion, 2 for 1 promotion or otherwise. In addition to your cruise fare, you will also be charged an amount for Taxes. That term, as used by us, refers to certain taxes, fees and charges imposed by governmental or quasi-governmental authorities, including port authorities, relating to any aspect of your cruise or tour. If governmental action results in any element of Taxes exceeding the estimates used by us for purposes of computing the quoted amount, we reserve the right to pass through the extra amount. Similarly, we reserve the right to impose or pass through fuel surcharges, security surcharges or similar incidental surcharges. No right of cancellation exists under either of these circumstances.
2. Hostilities: Although unlikely, the Ship may be confronted by actual or threatened war, warlike operations or hostilities. In addition to our right to deal with this situation under our general right to respond to safety concerns, we may also decide that it would be prudent for the Ship to sail with or without lights, omit observance of practices, rules and regulations as to navigation, cargo or others applicable in time of peace, or sail armed or unarmed and with or without convoy.
3. Holland America Cruises Brochure/Cancellations Policy: If not already received, you can obtain the Holland America Cruises brochure for the Cruise from your travel agent or us. You should familiarize yourself with the brochure as well as with the Setting Sail booklet that we provided you. Please be advised, however, that if the brochure or booklet is inconsistent with this contract, this contract will be controlling. Note in particular our cancellations policy which specifies cancellation fees that you will be subject to if this contract is surrendered for cancellation within certain time periods prior to Initial Departure. Since a cancellation likely means a lost opportunity to sell space on other Cruises, these fees apply regardless of whether your space is resold. You hereby agree that losses sustained by us in the event of your cancellation would be very difficult or impossible to quantify, and that the fees set forth in our cancellations policy represent a fair and reasonable assessment as liquidated damages.
C. HOLLAND AMERICA AIR PACKAGE
1. Arrangements by AICG: If you are participating in our Home City Air program, we will arrange for air transportation from the home cities listed in our brochure to the departure point of your Cruise and return air transportation from the termination point of your Cruise to the home city from which you departed. Due to the special fares and capacity controls we have with airlines, we retain the right to select carriers and determine routings. Some routings may involve travel to an airport other than in the city where the Ship embarks or disembarks. In those cases, Motorcoach transportation to and/or from the Ship will be provided. Flight schedules and/or availability may require overnight hotel accommodations either to join and/or to return from your Cruise. Please refer to the applicable Holland America Cruises brochure regarding our policies on booking hotels and responsibility for the costs of hotels and associated services.
2. Schedule Changes/Air Delays: We reserve the right to change or alter air flights as required by airline schedule changes. If tickets have already been issued, we will adjust your itinerary or air carrier, accordingly. In that event, we may ask you to return your tickets. Should you choose to alter your airline schedule in any way once your tickets have been issued, airline charges which result will be your responsibility. If our assistance is requested in changing airline arrangements within 60 days of departure, an additional administrative charge will be levied in addition to any charges imposed by airlines. If your flights are delayed, refer to our Setting Sail booklet for instructions.
3. Refunds/Seat Assignments/Special Services/Fares/Lost Tickets/Baggage Charges: The maximum refund to you for unused flight coupons will not exceed the air add-on amount paid to us. We cannot make or confirm seat assignments, special meals or other special services. Your travel agent may assist with these arrangements. Please note that because of changing airline tariffs, your actual air ticket may reflect fares higher or lower than the air add-on amounts shown in the Holland America Cruises brochure. If so, the difference is neither chargeable nor refundable to you. If, however, airline fuel or other surcharges or additional governmental taxes or levies are imposed, we reserve the right to pass these through to you. Please keep your airline tickets in a safe place. Should they be lost, you will be responsible for their replacement. Each airline has its own baggage allowance policy. You are responsible for any excess baggage charges imposed by airlines.
4. Liability and Relationship with Airlines: We will use our best efforts to arrange for your air transportation. If, however, due to any cause beyond our control, we are unable to arrange for air transportation (including, for example, because of capacity controls placed upon us by airlines due to the types of fares under which we book) or the air transportation we arrange is unavailable or otherwise fails to materialize, our sole liability will be limited to refunding the air add-on paid. Our relationship with airlines is that of an independent travel agent. We assume no liability for any acts or omissions of any airline 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 computer errors. Accordingly, you will not have any right to claim or recover against us as a consequence of any act or omission of any airline. The liabilities and obligations of an airline to you, and your rights against an airline, are subject to any and all terms and conditions of the airline's ticket and tariffs and any and all governmental laws and regulations bearing upon or otherwise relating to such rights, liabilities and obligations.
04/17/08 Copyright © 2008 Classic Travel and Phillips Ltd. All Rights Reserved.
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