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 PRINCESS CRUISES PASSAGE
CONTRACT
IMPORTANT NOTICE TO PASSENGERS: PLEASE
CAREFULLY READ THE FOLLOWING PASSAGE CONTRACT TERMS WHICH GOVERN ALL
DEALINGS BETWEEN YOU AND CARRIER, AFFECT YOUR LEGAL RIGHTS AND ARE BINDING
ON YOU, TO THE FULL EXTENT PERMITTED BY LAW, PARTICULARLY SECTION 14
GOVERNING THE PROVISION OF MEDICAL AND OTHER PERSONAL SERVICES AND
SECTIONS 15 THROUGH 18 LIMITING CARRIER'S LIABILITY AND YOUR RIGHTS TO
SUE.
1. INTRODUCTION; DEFINITIONS.
Upon receipt of
the Cruise Fare, Carrier accepts the Passenger(s) named on the Passage
Ticket for the Cruise, subject to terms of this Passage Contract.
For the purposes of the defenses, limitations of liability and
rights set forth in this Passage Contract only, "Carrier" includes the
ship named on the Passage Ticket (or any substituted ship), the ship's
owners, operators, managers, charterers, and agents, any affiliated or
related companies thereof and 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, anagers, agents, charterers,
contractors or concessionaires. Passenger acknowledges that Princess
Cruise Lines, Ltd. operates all the Princess Cruises brand ships, except
for Royal Princess and Pacific Princess for which Princess Cruise Lines,
Ltd., in issuing tickets, acts as the sales agent for the operator of such
ships.
"Cruise" means the voyage from the port of embarkation to
the port of disembarkation and also includes any air, rail, road or sea
transport and any land accommodation components of any land-sea package
sold, taken with or included in the price of the Cruise, and any
activities, shore excursions, tours, or shoreside facilities related to or
offered during the Cruise. "Cruise Fare" means the amount payable by You
to Carrier for Your Cruise, excluding commissions and/or discounts. It
covers the cruise package, scheduled meals and accommodations while on
board and shall include any increases in government fees and taxes, air
fees and taxes, fuel, immigration, air programs or other costs which
Carrier may add to Your Cruise Fare and charge to your stateroom account
and/or credit card.
"Cruise Fare" means the amount payable by You
to Carrier for Your Cruise, excluding commissions and/or discounts. It
covers the cruise package, scheduled meals and accommodations while on
board and shall include any increases in government fees and port charges,
air fees and taxes, fuel, immigration, air programs or other costs which
Carrier may add to Your Cruise Fare and charge to your stateroom account
and/or credit card.
"You," "Your" and "Passenger" mean the
person(s) purchasing or accepting this Passage Ticket and Contract or
anyone who uses it and persons in their care, including any minor, and
their heirs, relatives and personal representatives. Passenger represents
that he or she is authorized by all Passengers to accept and agree to all
the terms and conditions of the Passage Contract.
Government Fees
and Taxes: "Government Fees" may include any and all fees, charges and
taxes imposed by U.S. and/or foreign governmental or quasi-governmental
authorities including U.S.. Customs fees, head taxes, inspection fees, air
taxes incurred as part of a land tour, immigration and naturalization
fees, harbor maintenance fees and internal revenue service fees.
2. PASSENGER'S OBLIGATIONS.
(a) Before You board
the ship, You must:
(i) Pay Your Cruise Fare.
(ii) Bring
all necessary travel documents such as passports, visas, proof of
citizenship, re-entry permits, medical certificates showing all necessary
vaccinations, and all other documents necessary for ports of call in the
countries to which You will travel. It is Passenger's sole responsibility
to obtain and have available when necessary the appropriate valid travel
documents. All passengers are advised to check with their travel agent or
the appropriate government authority to determine the necessary documents.
Passengers will be subject to any fine or other costs incurred by Carrier
which result from improper documentation or noncompliance with applicable
regulations, which amount may be charged to Your stateroom account and/or
credit card.
(iii) Arrive at least two hours before the scheduled
sailing time and have with You Your cruise information packet. Attach a
completed Princess Cruises luggage tag to each piece of baggage.
(iv) Be sure that You and any person in Your care are fit to take
the Cruise. (See Section 9).
(b) Upon boarding the ship, you must
register a valid credit card or other acceptable payment method at the
Purser's desk to cover any stateroom charges.
(c) Prior to
disembarking the ship, you must pay in full all amounts charged to your
stateroom account. Carrier shall not be liable for loss, damage or delay
resulting from Your failure to comply with these requirements.
3.
NOTICE CONCERNING SAFETY AND SECURITY.
Carrier visits a
large number of ports in numerous countries around the world. At any given
moment there are likely to be "trouble spots" in the world in terms of
crime and/or war or terrorist actions. Accordingly, it may be necessary to
change the published cruise or shore excursion itinerary. Any such changes
are for Your safety and beyond our control. While Carrier endeavors to
provide reasonable protection for Your comfort and safety onboard its
ships, Carrier cannot guarantee freedom from all risks associated with
war, terrorism, crime or other potential sources of harm. Carrier reminds
all passengers that they must ultimately assume responsibility for their
actions while ashore. The United States Department of State and other
similar government agencies regularly issue advisories and warnings to
travellers giving details of local conditions in specified cities and
countries according to such agency's perception of risks to travellers.
Carrier strongly recommends that passengers and their travel agents obtain
and consider such information when making travel decisions.
4.
RIGHT TO REFUSE PASSAGE.
You will not be allowed to board the
ship or be entitled to a refund if You do not have proper documentation.
Carrier may refuse to embark You if, in Carrier's sole opinion, You are
unfit for any reason or You will enter the third trimester of pregnancy by
the end of the Cruise. If Carrier refuses to allow You on board for any of
these reasons, any refund of the Cruise Fare will be made based on the
timing of such refusal in accordance with Section 6 and Carrier will have
no further liability. If You become unfit to travel for any reason during
the Cruise and/or disembark early, Carrier shall not be liable for any
refund or damages.
5. AGE REQUIREMENTS; DRINKING AGE; GAMING
AGE; ALCOHOLIC BEVERAGES
The minimum passenger age is 6 months
on Alaska and Caribbean cruises, 18 months on "Exotic" cruises and 12
months on all other cruises. Passengers under the age of 18 years must be
accompanied by a Passenger over the age of 21. If the adult is not the
parent of the Passenger under the age of 18, a Parental/Guardianship
Consent must be signed by his/her parent or legal guardian and delivered
to Carrier before sailing. No alcohol may be purchased or consumed by any
Passengers under the age of 21. No Passenger under the age of 21 shall be
permitted to engage in any gaming activities on board the ship.
Carrier kindly requests that You do not bring alcoholic beverages
of any kind (except wine and champagne) on board for consumption.
Alcoholic beverages that are purchased duty free, from the ship's gift
shop, or at ports of call will be collected by Carrier personnel for
safekeeping and delivered to Your stateroom on the last day of the voyage.
A member of Carrier's security staff will be at the gangway to assist with
the storage of Your alcoholic beverage purchases. A corkage fee of $10.00
per bottle will be applied to wine and champagne consumed in the ship's
restaurant.
6. CANCELLATION, REFUND AND YOUR TRAVEL AGENT.
You are not entitled to any refund except as otherwise provided in
this Section. Any refunds will be made directly to Your credit card
account or Your travel agent and You must receive Your refund directly
from these sources. You may cancel by telephone or electronic advice via a
Carrier-approved Computer Reservation System, provided Carrier immediately
receives written confirmation of cancellation. The following cancellation
policy applies with respect to Your Cruise Fare, Cruisetour Fare, air
add-ons, Shoreside Excursions, and Pre-Cruise and Post-Cruise Package
charges ("Total Charges"):
Days Prior to Cruise or Land
| Departure (whichever comes first) |
Cancellation Fee |
| (a) |
90 days or more |
|
None |
| (b) |
90-76 days |
|
Brochure Deposit Amounts |
| (c) |
75-46 days |
|
25% of Total Charges |
| (d) |
45-15 days |
|
50% of Total Charges |
| (e) |
14 days-72 hours |
|
75% of Total Charges |
| (f) |
Less than 72 hours or
non-appearance |
|
100% of Total
Charges |
provided, however, that in the
event a lower cancellation fee is applicable to Your Cruise as stated in
the relevant brochure, such lower cancellation fee will apply.
If
You have purchased Love Boat Care or Love Boat Care Gold You must notify
Carrier and the Insurer of any cancellation as soon as possible. Refunds
or credits available under the Love Boat Care program are subject to the
terms of said program. All airline tickets are the property of Carrier and
must be returned to and are refundable only to Carrier. 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. No compensation or credit will be provided by
Carrier should You have to cancel or cut short Your Cruise unless You have
purchased Love Boat Care or Love Boat Care Gold.
7. RIGHT TO
CANCEL, CHANGE TIME OF SAILING OR PORT, SHORTEN THE CRUISE;
SUBSTITUTION.
Carrier may, at any time, without notice or
liability for payment or compensation, cancel the Cruise, change the date
or time of sailing or arrival, change the port of embarkation or
disembarkation, shorten the Cruise or substitute ships, aircraft other
transportation or lodging. Passenger shall have no claim against Carrier,
and Carrier shall not be liable (whether for damages or a refund) for
hotel or meal charges, travel expenses or other loss, delay,
inconvenience, disappointment or expense whatsoever in such circumstances,
except as follows:
(a) If Carrier cancels the Cruise before it has
started, it will refund the Cruise Fare (less any air or accommodation
charges incurred).
(b) If the sailing is delayed and You are not
accommodated on board the ship, Carrier may arrange accommodations and
food at no additional expense to You.
(c) If the scheduled port of
embarkation or disembarkation is changed, Carrier will arrange
transportation to it from the originally scheduled port.
(d) If
the Cruise is terminated or ends early, Carrier, at its option, may issue
a cruise credit, make a proportionate refund of Your Cruise Fare, transfer
You to another ship or transport You to the scheduled final port.
8. RIGHT TO DEVIATE FROM ROUTE AND CHANGE OR OMIT PORTS OF
CALL.
Carrier may, for any reason, without notice or liability
for payment or compensation: (a) deviate from the scheduled ports of call,
route and timetable, (b) call or omit to call at any port or place, (c)
comply with all governmental laws and orders given by governmental
authorities, (d) proceed without pilots, tow or be towed and assist
vessels, or (e) render assistance to preserve life and property.
Accordingly, You should not make any important arrangements or meetings
based on the proposed itinerary of the Cruise, which may change without
liability to Carrier.
9. YOUR RESPONSIBILITY TO INFORM CARRIER
OF DISABILITIES OR PREGNANCY.
You must, at the time You book
Your Cruise, inform Carrier in writing of any existing physical or mental
illness, disability or any other condition for which You or any other
person in Your care may require medical attention or special accommodation
during the Cruise or for which the use of a wheelchair or service animal
is contemplated or necessary. If any such condition arises after You have
booked the Cruise, You must report the condition to Carrier as soon as You
become aware of it. Failure to report any such condition will release
Carrier, the ship's doctor and all other personnel from any liability
related to the accommodation or treatment of such condition or for any
other conduct whatsoever in connection therewith. Carrier may refuse to
embark You as set forth in Section 4.
10. RIGHT TO CONFINE YOU
TO STATEROOM, REFUSE TO EMBARK YOU, OR DISEMBARK YOU.
Carrier
may, without liability for refund or damages, confine You to Your
stateroom, change Your accommodations, refuse to embark You or disembark
You at any time if, in the opinion of Carrier, the Captain, or the Doctor,
Your presence might be detrimental to Your health, comfort or safety or
that of other Passengers or the crew. If You are delayed or detained on
board the ship or elsewhere, due to injury, illness, or disability or due
to action of any government or authority, or for any other reason not the
fault of Carrier, You must pay or reimburse Carrier for all resulting
costs and expenses including food, transportation, accommodation and
repatriation.
11. UNAUTHORIZED STOPOVER OR DISEMBARKATION.
Unauthorized stopover or disembarkation or failure to make any
sailing of the ship at any port shall be at Your sole risk and expense and
You will not be entitled to any refund or other compensation.
12.
NO ANIMALS.
No Pets or other animals are allowed on the
ship at any time except for certain necessary service animals of a
disabled Passenger, which require Carrier's written approval.
13.
RESPONSIBILITY TO COMPLY WITH LAW AND REGULATIONS OF SHIP; NO
SOLICITATION.
You shall be responsible for complying with the
requirements of all immigration, port, health, customs, and police
authorities, and all other laws and regulations of each country or state
from or to which You will travel and You agree to reimburse Carrier for
any expenses or fines that it may incur as a result of Your noncompliance.
You must at all times obey all the rules, regulations and orders of the
ship, Carrier and the Captain. You shall not solicit other Passengers for
commercial purposes or advertise goods or services on board the ship
without Carrier's prior written permission.
14. HEALTH, MEDICAL
CARE AND OTHER PERSONAL SERVICES.
All health, medical or other
personal services provided in connection with Your Cruise are provided
solely for the convenience and benefit of Passengers who may be charged
for such services. You accept and use medicine, medical treatment and
other personal services available on the ship or elsewhere at Your sole
risk and expense without liability or responsibility of Carrier. Doctors,
nurses or other medical or service personnel work directly for Passenger
and shall not be considered to be acting under the control or supervision
of Carrier, since Carrier is not a medical provider. Similarly,
beauticians, masseurs, photographers, instructors and other service
personnel shall be considered independent contractors who work directly
for the Passenger. Carrier recommends that You obtain Your own insurance
protection against loss or damage to baggage and personal effects, trip
cancellation and emergency evacuations, accidental death or injury,
illness and medical expenses sustained or incurred in connection with your
cruise.
15. BAGGAGE AND PERSONAL EFFECTS; LIABILITY
LIMITATIONS.
You may take a reasonable amount of luggage on
board containing only Your personal effects, but may not carry any bulky
items. A charge may be payable by Passenger for any excess baggage. The
terms and conditions of the airline or other transportation provider also
apply. You may not take on board firearms, controlled or prohibited
substances, or inflammable or hazardous items, or any contraband
prohibited by applicable law. The ship's officers have the right to enter
and search Your stateroom and baggage for any hazardous, controlled or
prohibited substances or contraband. Carrier's liability for loss or
damage to baggage or personal property is limited to U.S. $250 per
Passenger or up to U.S. $1,500 if covered by Love Boat Care, or up to U.S.
$3,000 if covered by Love Boat Care Gold. Carrier shall not be liable for
any loss of or damage to money, jewelry, electronics, cameras, binoculars,
dental hardware, eyeglasses, documents or any other personal property. You
may use the safe in Your stateroom or a safety deposit box available at
the Purser's desk. Carrier does not undertake to carry as baggage, and
shall have no liability whatsoever for, any money, valuables, precious
stones or metals or any articles listed in Section 4281 of the Revised
Statutes of the United States (Title 46 U.S. Code, Section 181). Such
items must be shipped to Your destination by other means.
16.
LIMITATIONS ON CARRIER'S LIABILITY; INDEMNIFICATION.
Carrier
is not liable for death, injury, illness, damage, delay or other loss to
person or property of any kind caused by an Act of God, war, civil
commotions, labor trouble, governmental interference, perils of the sea,
fire, thefts, or any other cause beyond Carrier's reasonable control, or
any other act not shown to be caused by Carrier's negligence. Carrier
hereby disclaims all liability to the passenger for damages for emotional
distress, mental anguish of psychological injury of any kind under any
circumstances, when such damages were neither the result of a physical
injury to the Passenger, nor the result of that Passenger having been at
actual risk of physical injury, nor intentionally inflicted by Carrier.
Pre and post cruise tours, shore excursions and any/all connecting ground,
vessel or air transportation and other tours may be owned and/or operated
by independent contractors and Carrier makes no representations and
assumes no responsibility therefore. If You use the ship's athletic or
recreational equipment or take part in organized activities, whether on
the ship or as part of a shore excursion, You assume the risk of injury,
death, illness or other loss and Carrier is not liable or responsible for
it. Carrier in no event is liable to You in respect of any occurrence
taking place other than on the ship or launches owned or operated by
Carrier. 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 1976 ("Athens
Convention") which limits the Carrier's liability for death of or personal
injury to a Passenger to no more than the applicable amount of Special
Drawing Rights as defined therein, and all other limits for damage or loss
to personal property. If the Athens Convention or such exemptions and
limitations are held not to apply for any reason, then 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 181-186, 188)
will apply. Each Passenger agrees to indemnify Carrier for any damages,
liabilities, losses, penalties, fines, charges or expenses incurred or
imposed upon Carrier as a result of any act, omission or violation of law
by the Passenger or any minor Passenger for whom the Passenger is
responsible.
17. NOTICE OF CLAIMS AND SUITS; TIME LIMITATION;
VENUE.
Notwithstanding any provision of applicable law to the
contrary: In cases involving claims for emotional or bodily injury,
illness to or death of any Passenger, no lawsuit may be brought against
Carrier unless (a) written notice giving full particulars of the claim is
delivered to Carrier within 6 months, (b) a lawsuit on such a claim is
filed within 1 year from the date of the emotional or bodily injury,
illness or death and (c) valid service of the lawsuit is made within 90
days of filing the complaint. In all other cases, no lawsuit may be
brought against Carrier unless (a) written notice giving full particulars
of the claim is delivered to the Carrier within 15 days of termination of
the Cruise, (b) the lawsuit on such claim is filed within 6 months from
the date the Cruise terminated and (c) valid service of the lawsuit is
made within 90 days of filing the complaint. All disputes and matters
whatsoever arising out of or relating to Your Cruise, including for
personal injury, illness or death, shall be litigated by You individually,
and not as a member of any class. If you choose to sue Princess Cruises
Lines, Ltd., then such claim must be litigated by you before a court
located in the County of Los Angeles, California, U.S.A., to the exclusion
of the courts of any other country, state, city or county. You hereby
waive any venue or other objection that may be available to any such
action or proceeding being brought in any court located in Los Angeles,
California. The limitations set forth in this Section 17 shall also apply
to and be for the benefit of any agents, independent contractors,
concessionaires and suppliers of Carrier.
18. CARRIER IS AGENT
ONLY FOR OTHER TRANSPORTATION, EXCURSIONS AND SHORESIDE SERVICES.
In selling tickets (including coupons or vouchers) or otherwise
making arrangements for air, land or local water transportation, or shore
excursions, tours or shoreside accommodations and meals, Carrier acts only
as an agent for other service companies who provide such services as
independent contractors. You agree that Carrier will not be liable in any
way for and release Carrier from any loss, death, injury, delay, or damage
to person or property or disappointment arising from or in connection with
such services. Any liability for such services will be governed by the
terms and conditions of the Passage Contract and the contracts and/or
tariffs between You and such service companies. A service company shall
have the benefit of every defense to which Carrier is entitled under this
Passage Contract.
19. 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 Carrier.
20. MISCELLANEOUS.
Nothing contained in this
Passage Contract shall limit or deprive Carrier of the benefit of the
applicable statutes or laws of the United States of America or any other
country or any international conventions providing for release from or
limitation of liability. This Passage Contract constitutes the entire
understanding and agreement between You and Carrier and supersedes any
prior oral, or implied or other agreements between You and Carrier and
this Passage Contract can only be modified by a writing signed by Carrier.
You may not sell, assign or transfer the Passage Ticket, and no other
person may use the Passage Ticket. Any portion or provision of this
Passage Contract which is invalid, illegal or unenforceable shall be
ineffective only to the extent of such invalidity, illegality or
unenforceability without affecting in any way the remaining provisions of
the Passage Contract which shall remain in full force and effect.
PRINCESS CRUISE LINES, LTD. As Operator and Agent for
Operator
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