IMPORTANT NOTICE: THESE ARE THE TERMS AND CONDITIONS OF THE LEGALLY BINDING
CONTRACT BETWEEN YOU AS OUR GUEST AND CLASSIC CRUISES HOLDINGS S.DE R.L
DOING BUSINESS AS REGENT SEVEN SEAS CRUISES. THIS TICKET/CONTRACT CONTAINS
SUBSTANTIAL PENALTIES FOR CANCELLATION, AS WELL AS CERTAIN LIMITATIONS OF
LIABILITY, INCLUDING LIMITATIONS CONCERNING OUR LIABILITY FOR YOUR DEATH,
ILLNESS OR INJURY, AS WELL AS LIMITATIONS CONCERNING DAMAGE CLAIMS RELATING
TO BAGGAGE AND PERSONAL PROPERTY. PLEASE READ ALL THESE TERMS AND CONDITIONS
CAREFULLY. BY ACCEPTING THIS TICKET/CONTRACT AND/OR BOARDING OUR SHIP, YOU
AGREE TO ACCEPT AND TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS WHICH
FOLLOW, INCLUDING SPECIFICALLY THOSE REGARDING YOUR RIGHTS TO SUE, CLAIMS
SUBJECT TO A BINDING ARBITRATION, GOVERNING LAW, FORUM AND JURISDICTION.
VACATION PROTECTION INSURANCE COVERAGE IS STRONGLY RECOMMENDED. THANK YOU
FOR TAKING THE TIME TO FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS.
- DEFINITIONS AND SCOPE OF CONTRACT
- The words "You", "Your" and "Guest" mean all persons, including
minors, traveling under this Ticket/Contract and each person's heirs
and personal representatives. Your acceptance of this
Ticket/Contract represents Your acknowledgment and acceptance of
these Terms and Conditions for You and for all other persons
traveling under this Ticket/Contract, all of whom accept and agree
to all the conditions of carriage.
- The words "We", "Us", "Our" and "Carrier" mean Regent Seven Seas
Cruises, a corporation duly organized and existing in current good
standing pursuant to the laws of the Republic of Panama, whose
principal offices are as shown at the end of this Ticket/Contract
and which also include its parent, subsidiaries and affiliates, as
well as the owner, and its affiliates. For the purposes of the
defenses, limitations of liability and rights of the Carrier set
forth in this Contract only but not with respect to any obligations
herein or duty to provide passage, "Carrier" also includes the Ship
named on the Ticket (or any substituted Ship), the Ship's owners,
operators, managers, charterers, and agents, any affiliated or
related companies of Regent Seven Seas Cruises or the parties
described above and in the case of each such entity, their officers,
crew, pilots, agents or employees, and all concessionaires,
independent contractors, shipbuilders and manufacturers of all
component parts, launches, craft or facilities, whether provided at
sea or on shore, belonging to any such Ship or owned or operated by
its owners, operators, managers, agents, charterers, contractors or
concessionaires.
- The word "Ship" means the vessel chartered, operated, or
provided by Us as the Carrier on which You, as Our Guest, will be
traveling.
- The word "Master" means the Captain of the Ship or any person
who acts under his authority.
- The term "Cruise" means all water transportation aboard the Ship
and the Ship's tenders which We agree to provide You pursuant to
this Ticket/Contract. The term "Cruise Fare" means the total amount
paid, excluding prepaid charges, in exchange for the cruise.
- The term "CruiseTour" means those additional facilities and
services added to the cruise, including but not limited to water
transportation, air transportation, hotel accommodations and ground
transportation. The term "CruiseTour Fare" means the total amount
paid for the CruiseTour, excluding Optional Facilities and Services
Fees and personal charges.
- The term "Prepaid Charges" means the separate amount paid by You
to cover the cost of all ground handling fees and transfer costs and
other tariffs, air fuel and fuel surcharges, security and handling
fees and administrative and other fees and expenses of a similar
nature concerning the specific itinerary of Your Cruise or
CruiseTour. Any increase or decrease in any component of prepaid
charges may be made the subject of adjustment, in Our discretion.
Air fuel surcharges are estimated by Regent Seven Seas Cruises at
the time of sale based on previous fuel surcharges levied by air
carriers traveling to your destinations. The amount charged herein
may vary.
- The term "Suite Baggage" means all baggage allowed aboard the
Ship and placed in Your suite according to these terms and
conditions. "Other Baggage" means any of Your baggage or other
personal property which has been stored at Your request in the
Ship's baggage room, holds or safe against a receipt.
- The term "Optional Facilities and Services Fees" mean all fees
and charges which You voluntarily incur for items not included in
your Cruise Fare which may include, but are not limited to, vacation
protection insurance coverage, shore excursions, spa treatments,
visas and prepaid gratuities and other optional purchases of
products and/or services aboard the Ship, which are considered
earned as those facilities and services are provided either by Us as
the Carrier or by third party providers.
- "Governmental Fees and Taxes" may include any and all fees,
charges, tolls and taxes imposed by U.S. and/or foreign governmental
or quasi-governmental authorities including but not limited to U.S.
Customs fees, head taxes, Panama Canal tolls, dockage fees, wharfage
fees, inspection fees, air taxes, hotel or VAT taxes incurred as
part of a land tour, immigration and naturalization fees, and
Internal Revenue Service fees, whether assessed on a per passenger,
per berth, per ton or per vessel basis. In the case of per ton or
per vessel assessments, those assessments will be spread over the
passenger capacity of the ship. Governmental Fees and Taxes are
subject to change and Carrier reserves the right to collect any
increases in effect at the time of sailing even if the fare has
already been paid in full.
- This Contract constitutes the entire agreement between Carrier
and Guest and supersedes all other agreements, oral or written. Any
alteration to any term of this Contract must be in writing and
signed by Carrier. Except as provided in clause 29 below, should any
provision of this contract be contrary to or invalid by virtue of
the law of the jurisdiction in which this Contract is sought to be
enforced or be so held by a court of competent jurisdiction, such
provision(s) shall be deemed to be severed from the Contract and of
no effect and all remaining provisions herein shall be in full force
and effect and constitute the Contract of Carriage.
- IDENTIFICATION
Your name and the names of all Guests in Your party, the name of the
Ship, the sailing date, Your accommodations, Your total Cruise Fare or
CruiseTour Fare and all scheduled ports, including embarkation and final
destination are as specified on this Ticket/Contract.
- CRUISE FARE AND CRUISETOUR FARE
We acknowledge receipt of payment by You of the total Cruise Fare or
CruiseTour Fare and We agree to transport You from the scheduled port of
embarkation to the scheduled port of final destination according to all
of the terms, conditions, limitations and exceptions contained in this
Ticket/Contract. The Cruise Fare paid by You covers all normal shipboard
services, meals including beer, wine, spirits, sodas or other bottled
beverages, accommodations and facilities. The Cruise Fare does not
include charges for other incidental items, activities, excursions or
personal services during the Cruise. Optional Facilities and Services,
provided by independent contractors and third-party providers, may be
added to the Cruise Fare by agreement in order to constitute a total
CruiseTour Fare, subject to all of the terms and conditions of this
Ticket/Contract regarding Our liability.
- CARRIER'S DISCRETION
As the Carrier, We reserve the right at any time, without notice, to
cancel any cruise or CruiseTour, to change or postpone the date or time
of sailing or arrival, to change the port of embarkation or final
destination, to shorten the cruise or substitute the Ship or to change
or substitute any component of the CruiseTour including but not limited
to aircraft, other transportation or any hotel at which You are
scheduled to stay. If We make any of the changes described above, We
will be responsible to You as follows:
- If We cancel the Cruise or CruiseTour before it has started, We
will refund the Cruise Fare or CruiseTour Fare that We have actually
received (less any air or accommodation charges incurred).
- If the scheduled sailing date or time is delayed and as a result
of that delay, You are not otherwise accommodated on board the Ship,
We may arrange hotel accommodations and food at no additional
expense to You for the duration of the delay.
- If the scheduled port of embarkation or final destination is
changed, We will arrange transportation to the new port from the
originally scheduled port.
- If the United States Department of State publishes a Public
Announcement regarding a specific country or location included in
the scheduled itinerary, We reserve the right to operate the cruise
or CruiseTour as scheduled or to change the itinerary, at Our
discretion.
- If the cruise is shortened or terminated, We will, at Our
option, either make a proportionate refund of the Cruise Fare or We
will transfer You to another Ship or the port of final destination
by other means. If the scheduled length of the cruise is increased,
You will have no responsibility for the cost of the additional
Cruise Fare and We will have no responsibility to pay or compensate
You in any manner, including any direct or consequential damages. In
either of the above circumstances, Our responsibility ends once We
return You to the point of origination as booked and ticketed by Us.
- If any component of Your CruiseTour, such as the hotel at which
You are scheduled to stay, is changed or substituted, We will use
reasonable efforts to obtain a substitute for such component which
is substantially equivalent therefore, but shall have no liability
to You in connection with such substitution or change.
- THIS TICKET IS NON-TRANSFERABLE
This Ticket/Contract is not transferable or assignable by you and is
valid only on the Ship and for the cruise or CruiseTour shown above.
Please refer to your Confirmation for payment terms. No reservations
will be issued on a binding basis unless we, as the Carrier, or our
representative receive the required payments. We reserve all rights
concerning the pricing and payment of all Cruise Fares and/or CruiseTour
Fares. Travel agents and all other agents are declared to be solely your
agents for the purposes of this Ticket/Contract and all further
documents concerning the cruise and/or CruiseTour. Cruise Fares and/or
CruiseTour Fares together with prepaid charges and Optional Facilities
and Service Fees incurred are agreed as fully earned and otherwise paid
at the scheduled sailing or departure date, respectively, and will not
be refunded in whole or in part except as otherwise noted in this
Ticket/Contract. Certain changes to your reservations may constitute a
cancellation and are therefore subject to cancellation charges as
outlined in Clause 6 of this Ticket/Contract.
6. CANCELLATION POLICY
Cancellation requests must be made in writing to Regent Reservations -
Cruise Division; 1000 Corporate Drive, Suite 500, Fort Lauderdale, FL 33334.
"Initial Vacation Date" refers to the date the Air/Sea or Air/Sea/Land
program departs.
Guests who are booked on two or more segments that cancel one or more of
those segments will have their entire record cancelled and will be rebooked
on the revised segments based on suite availability. Company reserves the
right to allocate suites to specific combination segments; hence all suites
or categories of suites may not be available for specific segments or
segment combinations.
All refunds are subject to incurred costs for hotel, air and ground services
where applicable. Within 60 days, a 100% cancellation fee will apply to air,
land and hotel programs. We are unable to provide refunds for lost tickets,
tickets not used (in whole or in part), or for guests failing to bring
travel and health documents as required.
All appropriate refunds may be made to the travel agent representing the
Passenger. Some agents may, at their discretion, withhold an agency
cancellation fee. If cancellation fees are charged by air carriers, land
operators or travel agents, they will be deducted from any refund made
pursuant to this paragraph.
Company will not be responsible for the receipt by the Passenger of refund
monies. The Passenger expressly authorizes his/her travel agent to receive
any refund and relieves Company of any responsibility for such funds once a
refund has been made to a travel agent.
2008 SEVEN SEAS VOYAGER , SEVEN SEAS
MARINER AND SEVEN SEAS NAVIGATOR
(Not World Cruises 2008) Cancellations will be assessed the following
charges by Company:
120 - 91 days prior to initial vacation date: |
$200 per person Administrative Fee |
| 90 - 60 days prior to initial vacation date: |
10% of fare per person |
| 59 - 30 days prior to initial vacation date: |
25% of fare per person |
| 29 - 15 days prior to initial vacation date: |
50% of fare per person |
| 14 - 0 days prior to initial vacation date |
100% of fare per person |
2008 PAUL GAUGUIN Cancellations will be
assessed the following charges by Company:
Time of deposit - 121 days prior to initial vacation date, Administrative
Fees of $100 per person.
120 - 91 days prior to initial vacation date: |
10% of fare per person |
| 90 - 61 days prior to initial vacation date: |
20% of fare per person |
| 60 - 31 days prior to initial vacation date: |
50% of fare per person |
| 30 - 0 days prior to initial vacation date: |
100% of fare per person |
2009 GRAND CIRCUMNAVIGATION WORLD CRUISE ON SEVEN SEAS
VOYAGER AND RING OF FIRE WORLD CRUISE ON SEVEN SEAS MARINER
Cancellations will be assessed the following charges by Company:
Time of deposit - 121 days prior to initial vacation date, Administrative
Fees assessed will be converted to a Future Cruise Credit redeemable on
bookings made up to 6 months after cancellation and for travel any time.
Administrative Fees will be assessed in the following amounts:
- Full Cruisers: $250 per person for categories C- H for Seven
Seas Voyager and categories D - H for Seven Seas Mariner
- Full Cruisers: $500 per person for categories MS - B for Seven
Seas Voyager and categories MS - C for Seven Seas Mariner
- Segment/Combo Guests: $200 per booking for all categories
| 120 - 91 days prior to initial vacation date: |
20% of fare per person |
| 90 - 75 days prior to initial vacation date: |
50% of fare per person |
| 74 - 0 days prior to initial vacation date: |
100% of fare per person |
2009 GRAND ASIA PACIFIC ON SEVEN SEAS MARINER AND DISCOVERY
COLLECTION ON SEVEN SEAS VOYAGER SAILINGS
Cancellations will be assessed the following charges by Company:
Time of deposit - 121 days prior to initial vacation date, Administrative
Fees assessed will be converted to a Future Cruise Credit redeemable on
bookings made up to 6 months after cancellation and for travel any time.
Administrative Fees will be assessed in the following amounts:
- Full Cruisers: $500 per booking for categories C- H for Seven
Seas Voyager and categories D - H for Seven Seas Mariner
- Full Cruisers: $1,000 per booking for categories MS - B for
Seven Seas Voyager and categories MS - C for Seven Seas Mariner
- Segment/Combo Guests: $200 per booking for all categories
| 120 - 91 days prior to initial vacation date: |
$400 per booking |
| 90 - 60 days prior to initial vacation date: |
10% of fare per person |
| 59 - 30 days prior to initial vacation date: |
25% of fare per person |
| 29 - 15 days prior to initial vacation date: |
50% of fare per person |
| 14 - 0 days prior to initial vacation date |
100% of fare per person |
2009 SEVEN SEAS VOYAGER ,
SEVEN SEAS MARINER SEVEN SEAS NAVIGATOR
(Not including Grand Circumnavigation or Ring of Fire World
Cruises, Grand Asia Pacific on Seven Seas Mariner or Discovery
Collection on Seven Seas Navigator sailings.) Cancellations will be
assessed the following charges by Company:
Time of deposit - 121 days prior to initial vacation date, Administrative
Fees of $200 per booking. Administrative Fees assessed will be converted to
a Future Cruise Credit redeemable on bookings made up to 6 months after
cancellation and for travel any time.
120 - 91 days prior to initial vacation date: |
$400 per booking |
| 90 - 60 days prior to initial vacation date: |
10% of fare per person |
| 59 - 30 days prior to initial vacation date: |
25% of fare per person |
| 29 - 15 days prior to initial vacation date: |
50% of fare per person |
| 14 - 0 days prior to initial vacation date |
100% of fare per person |
2009 PAUL GAUGUIN Cancellations will be
assessed the following charges by Company:
Time of deposit - 121 days prior to initial vacation date, Administrative
Fees of $200 per booking. Administrative Fees assessed will be converted to
a Future Cruise Credit redeemable on bookings made up to 6 months after
cancellation and for travel any time.
120 - 91 days prior to initial vacation date: |
10% of fare per person |
| 90 - 61 days prior to initial vacation date: |
20% of fare per person |
| 60 - 31 days prior to initial vacation date: |
50% of fare per person |
| 30 - 0 days prior to initial vacation date: |
100% of fare per person |
2009 MINERVA Cancellations will be assessed the
following charges by Company:
Time of deposit - 121 days prior to initial vacation date, Administrative
Fees of $200 per booking. Administrative Fees assessed will be converted to
a Future Cruise Credit redeemable on bookings made up to 6 months after
cancellation and for travel any time.
120 - 91 days prior to vacation date: |
$400 per booking |
| 90 - 60 days prior to initial vacation date: |
20% of fare per person |
| 59 - 45 days prior to vacation date: |
50% of fare per person |
| 44 - 0 days prior to vacation date: |
100% of fare per person |
- GUEST'S WARRANTIES
You warrant that You and all other Guests traveling with You are
physically, emotionally and otherwise fit to undertake the cruise or
CruiseTour; that You and they have received all medical inoculations
necessary; that You and they will at all times comply with the Ship's
rules and regulations and orders and directions of the Ship's Master,
officers and medical staff, and that Your conduct will not impair the
safety of the Ship or jeopardize or inconvenience other Guests. We may
refuse to embark, or may disembark, confine to a stateroom, quarantine
or limit the activities during the cruise at any time or at any port any
Guest who may be suffering from contagious or infectious disease or
whose presence, or that of any accompanying child, in the opinion of the
Master, may be detrimental to the comfort, enjoyment or safety of other
persons, or who, in the Master's opinion, might create a risk of harm to
himself/herself or any other person, or who may be excluded from landing
at the destination by Immigration or other Governmental Authorities. In
such cases, the Guest shall not be entitled to any refund of the Cruise
Fare or CruiseTour Fare or any compensation whatsoever.
- EMBARKATION
Upon embarkation, You shall have in Your possession this
Ticket/Contract, valid passport, visas, inoculations card and all other
documents necessary for the scheduled ports of call and final
destination. We, as Carrier, shall not be liable for any losses or
delays incurred by Your failure, or that of others, to maintain all of
said necessary documents. You are required to be at the airport gate at
least two (2) hours prior to the scheduled departure of air
transportation and are required to be aboard the Ship at least one (1
1/2) and one half hour before scheduled departure time. We reserve the
right, in Our sole discretion, to deny embarkation to any person for any
reason other than discrimination on the basis of race, religion,
national origin, gender, sexual preference or other legally
impermissible classification. In any case described in the preceding
sentence, We shall refund to You the Cruise Fare or CruiseTour Fare paid
by You and We shall have no further liability to You whatsoever. In
addition, Clause 19 below requires You to advise Us in writing of any
physical, emotional or mental condition which may require attention,
accommodation or treatment during the cruise and to advise Us if You are
physically challenged or require the use of a wheelchair or other
similar permitted equipment. Under Clause 19, We may require as a
condition to embarkation a certificate of fitness for certain guests.
You may be refused embarkation if You, in Our sole opinion, are not
physically, mentally, emotionally or otherwise fit to undertake the
scheduled voyage, or if You fail to follow the notification and
certificate of fitness requirements of Clause 19 or if You attempt to
bring on the Ship equipment not permitted on board, in which case You
shall forfeit the applicable Cruise Fare or CruiseTour Fare in full, and
We shall have no further liability to You whatsoever.
- CARRIER'S RIGHTS
The Ship, either before embarkation or at any time thereafter and
whether or not required by any maritime necessity, may remain in port,
proceed by any route and deviate from or change the advertised scheduled
or intended route at any stage of the voyage and may proceed to and stay
at any places whatsoever, although in a contrary direction to, or
outside of, or beyond the usual route, one or more times, in any order,
for loading or discharging fuel, stores, laborers, stowaways, Guests, or
members of the Ship's company, for this, or any prior or subsequent
voyage and/or for any purpose whatsoever that We, as Carrier, or the
Master may deem advisable. Any such procedure shall be considered not to
be a deviation but within the voyage herein intended as fully as if
specifically described herein. The above mentioned provisions are not to
be considered as restricted by any words of this Ticket/Contract whether
written, stamped or printed. The Ship may adjust compass, drydock or go
on ways before or after commencement of the voyage and may sail without
pilots, tow or be towed, and assist vessels in all situations and
deviate for the purposes of saving life or property. If the performance
of the proposed voyage is hindered or prevented (or in the opinion of
the Carrier or Master, is likely to be hindered or prevented) by war,
hostilities, blockage, ice, labor conflicts, weather, surf, shallow
waters, insurrections, disturbances, on board or ashore, restraint of
any Governmental Authority, breakdown of the Ship, congestions, docking
difficulties or any other cause whatsoever, or if We, as Carrier, or the
Master of the Ship consider that for any reason whatsoever, beyond the
control of the Carrier, proceeding to, attempting to enter, or entering
or remaining at any port may expose the Ship to risk of loss or damage,
or be likely to delay the Ship, You and Your baggage may be landed at
any port or place at which the Ship may call, in which event Our
responsibility shall cease and this Ticket/Contract shall be deemed to
have been fully performed, or if You have not embarked, We may cancel
the proposed voyage without liability to refund any Cruise Fares paid in
advance.
- CARRIER'S LIABILITY
(a) Foreign Voyages: 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. We shall not be liable for any such
death, injury, illness, damage, delay, loss or detriment caused by Act
of God, war or warlike operations, civil commotions, labor trouble,
interference by Authorities, perils of the sea, lurching of the Ship, or
any other cause beyond Our control, fire, thefts or any other crime,
errors in the navigation or management of the Ship or defect in or
unseaworthiness of hull, machinery, appurtenances, equipment, furnishing
or supplies of the Ship, fault or neglect of pilot, tugs, agents,
independent contractors, including without limitation the Ship's
physician and other medical personnel, You or other persons on board not
in Our employ or any other cause of whatsoever nature except and unless
it is proven that such death, injury, illness, damage, delay or loss
resulted from Our act or omission committed during the course of the
carriage and due to Our fault or neglect or any of Our servants or
agents acting within the scope of their employment.
(b) 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 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, liquid oxygen, combustible or illegal items). Carrier
reserves the right to search any baggage for security reasons. 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 in
respect of 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.
(c) 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.
(d) Shore Excursions and Other Transportation, Services and Facilities: We
shall in no event be liable to You in respect of 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 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 Passenger'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 Regent Seven Seas Cruises 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.
(e) 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 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.
- (f) 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 cased 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 Vessel,
political disturbance, inability to secure or failure of supplies,
perils of the sea, collision, foundering of the Vessel, explosion,
breakdown or failure of or damage to the Vessel 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.
- THIRD PARTY PROVIDERS
We, as the Carrier, may also provide other services or facilities as a
convenience to guests and are not responsible for services, treatments
and/or attendance provided or supplies given by the medical personnel,
beautician, barber, fitness instructor, laundry, casino, photographic
and/or any other concessionaire or other persons providing personal
services to You. Should You avail Yourself of the medical or other
professional services which the Ship's medical personnel may furnish as
independent contractors upon request, We shall not be liable for the
consequences of any examination, advice, diagnosis, medication or
treatment thus furnished. Charges for such medical and other
professional and personal services which You request will be Your sole
responsibility.
- GUEST DETENTION
If You are detained on board or elsewhere at any time or at final
destination because of quarantine, port regulations, illness or other
cause, all expenses incurred in connection with such detention shall be
Your sole responsibility. If You are carried aboard the Ship beyond
final destination for any reason, without fault of the Carrier, You
shall pay for any additional maintenance or extra transportation. Should
it become necessary, in the sole judgment of the Master of Ship, to
transfer You for medical reasons, the cost of such transfer shall be
borne by You.
- DANGEROUS ITEMS
Only such personal wearing apparel, effects and gifts as are necessary
and appropriate for the voyage may be brought on board by You. Any piece
of baggage must be distinctly labeled with Your name, Ship's name, suite
number and sailing date. You are allowed without extra charge one (1)
cubic meter (cbm) of baggage. You may not possess firearms, explosives,
flammable materials or other hazardous goods. Such goods shall be
surrendered to the Master at embarkation, and in Our discretion may be
confiscated, destroyed or surrendered to authorities. You shall have no
claim for loss or inconvenience thereby incurred. We assume no
responsibility for any loss of or damage to Your perishable items,
medicines, valuables, financial instruments, electronic equipment and
the like, except as specifically provided in these Terms and Conditions.
- SMOKING POLICY
Guests are kindly reminded that smoking constitutes a serious health and
safety hazard that may result from the combustion of accommodation areas
and furnishings and thus is expressly forbidden in all staterooms,
suites and on verandas. For the safety and comfort of Your fellow
guests, We request Your cooperation and compliance with this policy.
Guests choosing to disregard the policy may be subject to monetary
penalties - up to the fare paid for passage - that will be imposed to
cover the costs associated with the required cleaning of stateroom
furnishings, verandas and surrounding deck and accommodation areas.
Guests are also kindly reminded that the Master of the Ship reserves the
right to disembark any guests, without prior warning, for violation of
this policy and said guest(s) shall be responsible for all fees levied
by governmental or quasi-governmental authorities, all costs associated
with repatriation and Ship's loss of revenues from said forced
disembarkation or costs associated with repairs or replacement of
furnishings as a result of combustion of accommodation areas found to be
caused by said guest(s). Our ships are generally non-smoking; however,
smoking is permitted in certain designated areas.
- ALCOHOL POLICY
Guests agree that the consumption of alcoholic beverages will be limited
to Guests who are 21 years or older and no Guest will attempt to consume
such beverages in violation of this policy under any circumstances,
either for themselves or others. Regent Seven Seas Cruises will refuse
and prohibit the service of alcoholic beverages to Guests under the age
of 21 years. Guests are kindly reminded to consume alcohol in moderation
and Carrier reserves the right to refuse such beverages to any
intoxicated or underage Guest. Regent Seven Seas Cruises reserves the
right to prohibit and retain all liquor brought aboard the Ship.
- PETS
No pets or other animals are allowed on board the Ship.
- INDEMNIFICATION
You agree to indemnify Us for all penalties, fines, charges, losses or
damages of any nature incurred or imposed upon Us or the Ship by virtue
of any act or violation of law by You or by all Guests named on or
traveling under this Ticket/Contract.
- CHILDREN
Regent Seven Seas Cruises requires that guests under the age of 21 be
accompanied by and occupy the same accommodations as a parent or other
responsible adult 21 years or older who shall remain responsible for the
conduct of such children at all times during the Cruise or CruiseTour.
We do not provide services for the care, entertainment or supervision of
children. Each adult Passenger hereby agrees and warrants that he/she
will supervise any accompanying children at all times to ensure these
policies, along with all other rules of the Carrier and Ship, are
strictly adhered to. Each Guest agrees to indemnify and hold Carrier
harmless from any claims, expenses, loss or damages caused by the
presence of any children in the care of such Guest during the Cruise or
CruiseTour.
- HEALTH CONSIDERATIONS
You are required to advise Us in writing, at or prior to the time a
cruise is booked, of any physical, emotional or mental condition which
may require attention during the cruise, or if You are physically
challenged and require the use of a wheelchair, other special equipment
or a service animal. A certificate of fitness is required of all such
Guests. Please call Our principal offices to request the Policy
Statement: Guests with Special Needs / Fitness for Travel Letter. Guests
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. Electric scooters
or electric wheelchairs may be used on board, subject to certain size
and safety limitations. We strongly recommend that if You are using any
make or model of wheelchair that You travel with someone who is able to
assist You, both on shore and on board the Ship. Some ports of call are
anchorage ports and physical conditions may preclude You from going
ashore. Decisions made by the Master of the Ship in such circumstances
will be binding in all instances. If You are a Guest with Special Needs,
You must bring and be responsible for all necessary items related to
Your condition. If any such condition arises after the Cruise is booked,
You are required to advise Us in writing immediately. Any Guest who
requires oxygen canisters or oxygen concentrators must independently
make all the necessary arrangements, including procuring and moving any
oxygen containers while on board. Please be advised that liquid oxygen
is not permitted on board the Ship. Failure to so advise Us shall
release Us and all professional personnel aboard the Ship from any
liability related to such condition or its treatment. Failure to
disclose physical, mental, or emotional conditions prior to the
departure date, or to obtain a certificate of fitness as described
above, or Your attempt to bring on the Ship equipment not permitted on
board may result in denial of embarkation and forfeiture of the
applicable Cruise Fare or CruiseTour Fare and in such event We shall
have no liability financial or otherwise. Women who will enter their
seventh month of pregnancy by the end of the Cruise or CruiseTour agree
not to request a booking or present themselves for boarding and will
forfeit their Cruise Fare if they board in violation of this policy.
- GENERAL AVERAGE
You will not be liable to pay, nor be entitled to receive, any general
average contribution in respect of property taken with You on the Ship.
- PAYMENTS
Any and all payments made by You to Us shall be made in currency of the
United States of America or other currency acceptable to Us. All charges
for services and products provided on board the Ship must be settled in
cash or charged (via credit card acceptable to Us) before Your final
disembarkation from the Ship. Any other expenses incurred by You or by
Us on Your behalf shall be payable by You on demand. Regent Seven Seas
Cruises accepts no responsibility for credit card processing fees
independently assessed by issuing banks. None of these fees separately
charged by the issuing banks accrues to the benefit of Regent Seven Seas
Cruises nor do they accrue to the benefit of Oceania Cruises' credit
card processing bank.
- CARRIER'S RESERVED RIGHTS
Nothing contained in this Ticket/Contract shall be construed to limit or
deprive Us of the benefit of Subtitle III of Title 46, United States
Code, (as revised and amended) or of any other Statute or law whatsoever
which might be applicable providing for exoneration from or limitation
of liability.
The provisions of Clause 10 shall extend to each of the independent
contractors (including caterers and concessionaires) as well as Our servants
and agents and the Ship as defined in Clause 1, and for this purpose shall
be deemed to constitute a contract entered into between You and Us, as the
Carrier, on behalf of all persons who are or may be Our servants or agents
from time to time, and all such persons shall to this extent be deemed to be
parties to this Ticket/Contract.
If any other person should be held responsible, he, she or it shall be
entitled to all of the benefits, limitations and exceptions mentioned in
this Ticket/Contract. This Ticket/ Contract and every term and provision
hereof shall be and remain in full force and effect during all periods when
We are under any responsibility to You or Your property for any reason
whatsoever.
- GUEST'S COVENANTS
You covenant and warrant that You are duly authorized by or on behalf of
all Guests named on or traveling under this Ticket/Contract to agree to
all terms, conditions, limitations and exceptions herein contained, and
by accepting and/or using this Ticket/Contract he or she and/or they do
agree accordingly and do agree that the same shall be binding on them
with the same force and effect as if they and every one of them signed
this Ticket/Contract. Guest must take proper steps (including provision
of all necessary documents) as may be required to enable him or her to
land at his or her port of destination and generally to comply with the
laws of the country in which such port is situated. We shall not in any
circumstances whatsoever, whether or not such documents are produced to
Us by You, be responsible for any information or advice as to said laws
as may be given by You to Us as the Carrier nor shall We be liable for
the consequence of any insufficiency or irregularity in such documents
or the noncompliance by You with such laws.
Should the actions or inactions of any Guest(s) result in the Ship not
sailing at its scheduled departure time, Regent Seven Seas Cruises shall
assess Late Departure Fees, beginning at US$1,000.00 per Guest, to said
Guest(s) directly responsible for any departure that is delayed more then 15
minutes beyond the scheduled and published departure time, to cover the
costs levied against Regent Seven Seas Cruises by port authorities,
governmental and quasi-governmental agencies as agreed and liquidated
damages.
- TICKET/CONTRACT USAGE
The right is reserved 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, 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.
- SECURITY PROVISIONS
In the interests of international security and safety at sea and in the
interest of the convenience and safety of other Guests, You agree and
consent to a reasonable search being made of You, Your baggage or other
property, and to the removal and confiscation or destruction of any
object which may, in Our opinion or that of the Master, impair the
safety of the Ship or inconvenience other Guests, or violate the laws of
any applicable authority relative to the possession and/or
transportation of nonprescription narcotics, controlled substances or
any other commodity of any nature.
- GUEST BOOKINGS
As a condition of its business, We retain the right to overbook Guest
accommodations. In the event that the Guest accommodation referenced in
this Ticket/Contract is overbooked, or if We determine that the Ship is
overbooked, We may, at Our discretion, deny boarding to any Guest and,
at Our further discretion, refund all monies paid or offer another
cruise or CruiseTour in substitute.
- NO SOLICITATION
You shall not solicit other Guests for commercial purposes or advertise
goods and services on board the Ship without the Carrier's prior written
permission. Solicitation in any form will result in mandatory
disembarkation from the Ship with no refund for any unused portion of
the cruise ticket or other pre-purchased items including Your return
airfare.
- USE OF LIKENESS
Carrier has the exclusive right to use video and other visual/audio
portrayals of You or Your likeness taken during Your cruise in any
medium of any nature whatsoever for any purpose, including advertising
or promoting the services of Carrier without any compensation being paid
to You. Any such portrayal or likeness shall be the exclusive property
of the Carrier.
- 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 DAYOF 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 DAY 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, 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
BROWARD 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 BROWARD COUNTY, FLORIDA, U.S.A. TO THE EXCLUSION OF ANY
OTHER FORUM. GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR
OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ARBITRATION PROCEEDING IN
BROWARD COUNTY, FLORIDA. THE ARBITRATION SHALL BE ADMINISTERED BY THE
AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL DISPUTE RESOLUTION
RULES AND PROCEDURES WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY
REFERENCE. IF YOU HAVE A QUESTION ABOUT THE ARBITRATION ADMINISTRATORS
MENTIONED ABOVE, YOU CAN CONTACT THEM AS FOLLOWS: AMERICAN ARBITRATION
ASSOCIATION, BANK OF AMERICA TOWER, 100 SOUTHEAST 2ND STREET, STE. 2300,
MIAMI, FL 33131 (305) 358-7777. 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 BROWARD 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 29 (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 BROWARD, OR AS TO THOSE LAWSUITS OVER WHICH
THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION,
BEFORE A COURT LOCATED IN BROWARD 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 ON YOUR OWN BEHALF
INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES
OTHERWISE, YOU AGREE THAT ANY LAWSUIT 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.
- AMENDMENTS AND MODIFICATIONS
In the event amendments or modifications to this Ticket/Contract are
required they may be added by the Carrier by means of attached form and
will be considered an enforceable part hereof.
- FOR PROFIT ENTITY
Notwithstanding that Regent Seven Seas Cruises, at the Guest's option,
arranges air transportation, hotel accommodations, ground transfers,
shore excursions and other services with independent suppliers of the
services, it should be understood that Regent Seven Seas Cruises, being
a "For Profit Entity", earns a fee on the sale of optional services.
- YOUR TRAVEL AGENT
Your travel agent acts for You in making the arrangements for Your
Cruise and any related travel, lodging and tours. Carrier is not
responsible for any representation or conduct of Your travel agent,
including but not limited to, any failure to remit Your deposit or other
funds to Carrier, for which You shall at all times remain liable to
Carrier, or any failure to remit a refund from Carrier to You. Receipt
by Your travel agent of this Contract or any other communications,
notices or information from Carrier shall constitute receipt of such
materials by You.
- MISCELLANEOUS
The illegality or invalidity of any paragraph, clause, or provision of
this Ticket/Contract shall not affect or invalidate any other paragraph,
clause or provision thereof. All headings set forth in this
Ticket/Contract are for convenience only and have no separate meaning or
effect.
Regent Seven Seas Cruises
1000 Corporate Drive, Suite 500
Ft. Lauderdale, FL 33334
Telephone: 954.776.6123
Telefax: 954.772.3689
www.RSSC.com
Ticket Contract PRO25527 0707
259931v4