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IMPORTANT NOTICE: THIS IS YOUR PASSAGE TICKET CONTRACT - READ IT CAREFULLY AS SOON AS YOU RECEIVE IT AS IT GOVERNS YOUR LEGAL RIGHTS. PAY PARTICULAR ATTENTION TO PARAGRAPHS 1 THROUGH 9 WHICH LIMIT THE CARRIER’S LIABILITY AND YOUR RIGHT TO SUE.
By accepting or using this ticket, you, the Passenger, acknowledge, accept and agree to all of its terms and conditions. Certain provisions are highlighted to call your attention to them but all provisions are important and binding upon you. The Carrier undertakes to transport the Passenger and the Passenger’s baggage only under the following conditions, which the Passenger acknowledges and undertakes to comply with fully.
The limitations and contractual provisions herein shall apply to any and all disputes between the Passenger and the Carrier, regardless whether the incident giving rise to the dispute occurs onboard the Vessel, ashore, or while the Passenger is en route to or from the Vessel by any mode of transportation, including without limitation tenders, buses, taxis, air carriers or private transportation.
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|  | When used in these General Conditions of Passage Ticket Contract (sometimes referred to as the “Contract”), the word “Passenger” shall mean each and any person traveling hereunder, including any persons traveling with the person or persons named on the ticket or carried according to this Contract. It also means any such Passenger’s spouse, estate, executors, administrators, heirs, successors, and assigns and if a minor shall include the minor and the parent, guardian and persons in charge of the minor.
The word “Carrier” when used herein shall mean Costa Crociere S.p.A., an Italian corporation, the Vessel and other vessels owned, chartered, operated, marketed or provided by Costa Crociere S.p.A., and all of their officers, staff members, crewmembers, agents and assigns.
The word “Vessel” when used herein shall mean the vessel specified herein and any other vessel on which the Passenger may be traveling or against which the Passenger may assert a claim.
The word “Cruise Fare” means the amount paid for the cruise, plus any travel to or from the Vessel at the beginning or end of the cruise if arranged by the Carrier. The Cruise Fare shall be deemed earned when paid and is not refundable except as provided in the Carrier’s brochure and in Paragraph 11 of this Contract. The Cruise Fare includes ocean transportation, accommodations and ordinary meals onboard the Vessel during the voyage. The Cruise Fare does not include gratuities, liquor, wine or other beverages, shore excursions, laundry, other goods or services purchased onboard the Vessel or ashore, or any other incidental charges or expenses.
The Cruise Fare also does not include taxes and fees which the Carrier is obligated to collect from the Passenger or pay in respect of the Passenger or the voyage to governmental or quasi-governmental authorities, including without limitation port or harbor operators. Such taxes and fees include without limitation those levied for embarkation, disembarkation or landing, arrival or departure taxes, security surcharges, passenger facility charges, and customs and immigration fees, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, air taxes or hotel VAT taxes incurred as part of a land tour, immigration and naturalization fees, harbor maintenance fees, and internal revenue service fees, whether assessed on a per passenger, per berth, per ton or per vessel basis. Fees and taxes that are assessed per ton or per vessel will be divided among the passengers based on the capacity of the Vessel. These charges are in addition to the Cruise Fare and the Passenger shall pay these charges to the Carrier in full immediately upon request by the Carrier. The Passenger agrees that imposition of or changes to these amounts are not material and do not give rise to a right of cancellation.
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| | | The Carrier shall not be liable for any physical or emotional injury, illness or death of a Passenger unless written notice of the claim with full particulars is delivered to the Carrier or its duly authorized agent within 185 days after the date of injury, illness or death. No legal proceedings whatsoever shall be maintainable in any event unless filed within one year after the date of injury, illness or death, and unless valid service is effected upon the Carrier within 120 days after commencement of the proceeding. The Carrier shall not be liable for any claims whatsoever, other than for physical or emotional injury, illness or death of the Passenger, unless written notice of the claim with full particulars is delivered to the Carrier or its duly authorized agent within thirty (30) days after the Passenger shall be landed from the Vessel, or in the case the voyage is abandoned within thirty (30) days thereafter. No legal proceeding whatsoever, other than for personal injury, illness or death, shall be maintainable in any event unless filed within six (6) months after the Passenger shall be landed from the Vessel, or in the case the voyage is abandoned within six (6) months thereafter, and unless valid notice or service is effected upon the Carrier within 120 days after commencement of the proceeding. |
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| | a) Voyages that Depart from, Return to, or Visit a U.S. Port –
(i) Claims for Injury, Illness or Death and Claims Brought in Small Claims Court -
All claims, controversies, disputes, suits and matters of any kind whatsoever arising out of, concerned with or incident to any voyage that departs from, returns to, or visits a U.S. port and involving physical or emotional injury, illness or death in which the amount in controversy does not exceed seventy five thousand U.S. dollars (US$75,000) shall be instituted only in the courts of Broward County, Florida, to the exclusion of the courts of any other county, state or nation. All such claims involving physical or emotional injury, illness or death in which the amount in controversy exceeds seventy five thousand U.S. dollars (US$75,000) shall be filed only in the United States District Court for the Southern District of Florida located in Broward County, Florida, to the exclusion of the courts of any other county, state or nation. All claims brought in small claims court shall be instituted only in the small claims courts of Broward County, Florida.
(ii) All Other Claims – All claims, controversies disputes, suits and matters of any kind whatsoever arising out of, concerned with or incident to any voyage that departs from, returns to, or visits a U.S. port, or to this Contract if issued in connection with such a voyage, other than for physical or emotional injury to, illness or death of a Passenger and claims brought in small claims court, whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses relating to or in any way arising out of or connected with this Contract or Passenger’s cruise, no matter how described, pleaded or styled, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., (“FAA”) in Broward County, Florida, U.S.A. to the exclusion of any other forum. Passenger 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. The arbitration administrators mentioned above can be contacted to answer questions as follows: American Arbitration Association, 100 Southeast 2nd Street, Ste. 2300, Miami, Florida 33131 (305) 358-7777 (http://www.adr.org).
NEITHER PASSENGER NOR CARRIER SHALL 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. THE ARBITRATOR’S DECISION SHALL BE FINAL AND BINDING. OTHER RIGHTS THAT PASSENGER 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 Passenger further agree to permit the taking of a deposition under oath of the Passenger asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of Paragraph 2(a)(i) above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Paragraph.
b) Voyages That Do Not Depart from, Return to, or Visit a U.S. Port -
All claims, controversies, disputes, suits and matters of any kind whatsoever arising out of, concerned with or incident to any voyage that does not depart from, return to, or visit a U.S. port, or to this Contract if issued in connection with such a voyage, shall be instituted only in the courts of Genoa, Italy, to the exclusion of the courts of any other county, state or nation. Italian law shall apply to any such proceedings.
c) No Right of Arrest -
Regardless of whether the Passenger’s voyage departs from, returns to or visits a U.S. port, the Passenger hereby waives any right to arrest or otherwise detain the Vessel in any jurisdiction.
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| | | The Carrier shall be liable only for its negligence. The Carrier shall not be liable for acts of god, acts of war, civil commotion, riots, strikes, acts of terrorism or acts of sovereign states or governments. In addition to all of the restrictions and exemptions from liability provided in this Contract, the Carrier shall have the benefit of all the statutory provisions of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including without limitation Title 46 of the United States Code, §§ 30501, 30504, 30505 through 30508, 30510 and 30511 inclusive. Notwithstanding any provision of this Contract or law to the contrary, as to any voyage occurring wholly outside the United States, the Carrier claims the benefit of all restrictions, exemptions and limitations of liability set forth in 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”), and the “Convention on Limitation of Liability for Maritime Claims” of 1976 (“LLMC Convention”) which limit the liability of the Carrier for death of or personal injury to the Passenger to no more than 46,666 Special Drawing Rights (“SDRs”) as defined therein, and all other limits for damage or loss to personal property. The value of 46,666 SDRs is equal to approximately U.S. $70,900 at the time of printing of this Contract and the current value is publicly available and published in the Wall Street Journal and on the Internet at http://www.imf.org/external/np/fin/data/rms_sdrv.aspx. Further, the Carrier shall be entitled, to the maximum extent allowed by law, to any and all liability limitations and immunities provided under the International Convention on Travel Contracts (“CCV Convention”) signed at Brussels, Belgium on April 23, 1970. In the event of any conflicts between the referenced provisions of the United States Code, the Athens Convention, the LLMC and the CCV, the Carrier shall be entitled to invoke whichever provisions provide the greatest limitations and immunities to the Carrier. Copies of the foregoing statutes and conventions are available from the Carrier upon request. Nothing in this Contract is intended to, nor shall it operate to, limit or deprive the Carrier of any such statutory limitation or exoneration from liability. |
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| | | All of the defenses, limitations and exemptions of whatever kind relating to the responsibility and liability of the Carrier that may be invoked by the Carrier by virtue of this Contract or by law are fully extended to and may also be invoked by all persons or entities who may act on behalf of the Carrier or on whose behalf the Carrier may act. Such persons and entities may include without limitation (i) the Carrier’s parents, subsidiaries, affiliates, successors, assigns, representatives, agents, employees, servants, concessionaires and contractors, (ii) the Vessel and other vessels owned, chartered, operated, marketed or provided by the Carrier, all masters, officers, staff members, crewmembers, independent contractors, medical providers, concessionaires, pilots, suppliers, agents and assigns onboard such Vessels, and the manufacturers of such Vessels and all their components parts, and (iii) Costa Cruise Lines N.V., a Netherlands Antilles corporation doing business in Florida as Costa Cruise Lines N.V. L.L.C. (“CCL”). CCL is the sales and marketing agent for the Carrier and issues passage ticket contracts for the Carrier. |
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| | The Carrier shall have no responsibility, obligation or liability of any kind to the Passenger for accidents, incidents, delays or any other events that occur to the Passenger while off the Vessel or to warn the Passenger of any risks or hazards off the Vessel.
Without limiting the generality of the foregoing, the Carrier is not responsible for incidents or claims that arise from or occur while the Passenger is traveling to or from the Vessel or during shore excursions or other tours off the Vessel, whether arranged by the Carrier or the Passenger, including without limitation any related services, facilities, accommodations, lodging, and transportation by air, rail, land or any other means, including by vessels not owned and operated by the Carrier.
The Passenger understands and agrees that the Carrier may make arrangements with independent contractors to provide at additional charge to the Cruise Fare the transportation to and from the Vessel and shore excursions described above, and certain goods and services onboard the Vessel, including without limitation barbers, hairdressers, manicurists, masseurs, photographers, entertainers, instructors, shops, medical professionals, and other concessionaires.
The Carrier makes such arrangements as a convenience to Passengers and shall be entitled to charge a fee and earn a profit for so doing. The Carrier does not own or control any such independent contractors, makes no representation of any kind as to their performance, and does not undertake to supervise their activities. The Carrier shall have no responsibility, obligation or liability of any kind to the Passenger for any acts or omissions or for any loss, injury, illness or death in connection with or arising out of arrangements with such independent contractors. The Passenger shall have no right against the Carrier for any refunds in connection with any goods or services provided by such independent contractors.
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| | a) The responsibility of the Carrier for damages to or losses of the Passenger’s baggage, belongings or property, including without limitation clothing worn by the Passenger, even if temporarily in the custody of the Carrier, is limited to the maximum sum of the lower of five hundred U.S. dollars (US$500) per Passenger or one hundred fifty U.S. dollars (US$150) per piece, unless prior to the beginning of the voyage the Passenger declares a higher value in writing and pays a higher tariff equal to five percent (5%) of the declared value; provided, however, that under no circumstance shall the Carrier be liable for an amount greater than five thousand U.S. dollars (US$5,000), even if the Passenger has declared a higher value and paid a higher tariff. In any event the Passenger must provide proof of purchase and value, and under no circumstances shall the Carrier be liable for normal wear and tear.
b) In case of loss or damage to baggage, the Passenger must request that the Vessel’s officers or agents at the port of disembarkation verify the loss or damage when the baggage is delivered to the Passenger.
c) The Carrier does not undertake to carry, and shall not be liable for, loss of or damage to money, negotiable securities, business or other documents, jewelry, tools of trade or product samples, works of art, electronics, computers, computer disks or other electronic storage or similar device, cellular telephones, cameras, video or audio tapes, CDs, binoculars, recreational equipment, dental hardware, eyewear (including eyeglasses, sunglasses and contact lenses), hearing aids, medications, medical equipment, wheelchairs or scooters under any circumstances, whether carried within the Passenger’s luggage or otherwise, or any other objects of value, such as described in Title 46 of the United States Code § 30503, whether kept in the cabin or in the Passenger’s luggage or otherwise, unless placed in security boxes provided by the Carrier. Under no circumstances will the Carrier be responsible for loss or damage to valuables placed in security boxes, unless the identities of the valuables and their value have been declared in writing by the Passenger. In no case will the Carrier’s liability to the Passenger for such lost or stolen valuables exceed five hundred U.S. dollars (US$500.00). |
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| | | The Carrier shall not under any circumstances be liable to the Passenger for damages for emotional distress, mental anguish or psychological injury of any kind, when such damages were neither the result of a physical injury to the Passenger, the result of the Passenger having been at actual risk of a physical injury, nor intentionally inflicted by the Carrier. |
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| | | The Carrier shall not be held vicariously liable for the intentional or negligent acts of any person not employed by the Carrier nor for any intentional or negligent acts of the Carrier’s employees committed while off duty or outside the course and scope or their employment. |
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| | | THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON EACH PASSENGER’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, PASSENGER AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY THE PASSENGER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR REPRESENTATIVE ACTION, AND THE PASSENGER EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING HIM/HER TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. IF THE PASSENGER’S CLAIM IS SUBJECT TO ARBITRATION UNDER PARAGRAPH 2(a)(ii) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. THE PASSENGER AGREES THAT THIS WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN PARAGRAPH 2(a)(ii) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULARCLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION. |
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| | a) This Contract is valid only for the person or persons to whom it is issued. It is not transferable. It is valid only for the Vessel, the accommodations and the sailing date specified herein. It must be exhibited to any of the officers of the Vessel or officials of the Carrier when requested. The Carrier shall not be liable to make any refund to the Passenger in respect of lost tickets or tickets that are wholly or partly not used by the Passenger for any reason.
b) The Carrier reserves the right to modify the terms and conditions of this Contract, including those relating to the costs and charges. If the Contract is materially modified, the Passenger shall have the right to cancel the Contract and receive a full refund of the amount received by the Carrier. This must be done by the Passenger no later than thirty (30) days prior to the sailing date or ten (10) days after receiving notice of the modifications, whichever date is later. Modifications of itinerary or interruption or cancellation of voyage or refund of passage as described in Paragraph 14 is not considered a modification of this Contract.
c) The Passenger must have in his or her own possession proper documentation required by the government of the port of embarkation and all ports of call. The Passenger is advised to consult with his or her travel agent and the appropriate governmental agencies and embassies to determine what documentation will be required. The Carrier assumes no responsibility for advising the Passenger of immigration or any other governmental requirements. The Carrier may refuse to embark the Passenger or may disembark the Passenger in the event the Passenger does not present the required documentation. Such denied boarding or disembarkation shall be without liability to the Carrier and no refund of the Cruise Fare paid shall be due to the Passenger in such circumstances.
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| | Except as otherwise provided in this Contract or unless the Carrier gives the Passenger written notice that other terms apply, if the Passenger cancels this Contract for any reason, he or she will only be refunded the Cruise Fare or a portion thereof paid depending upon the specific itinerary and when the Contract was canceled. Cancellations and requests for refund must be submitted in writing to the Carrier. All documents (deposit receipt or passage tickets) issued by Carrier must be returned before any refund can be processed. Cancellation charges, per person, will be assessed as follows:
Caribbean Sailings:
• 70 or more days prior to sailing: Full refund
• 69-30 days prior to sailing: Deposit amount
• 29-8 days prior to sailing: 50% of total of Cruise Fare and air add-on and hotel
• 7 days or less prior to sailing: No refund, 100% cancellation charge.
European and All Other Sailings:
• 90 or more days prior to sailing: Full refund
• 89-45 days prior to sailing: Deposit amount
• 44-15 days prior to sailing: 50% of total of Cruise Fare and air add-on and hotel
• 14 days or less prior to sailing: No refund, 100% cancellation charge.
If the Passenger for any reason does not present himself or herself on the sailing date or interrupts a voyage that has already started, the Passenger shall not be entitled to any refund.
The Passenger will be charged a fifty U.S. dollar (US$50) administrative fee for changes to bookings after cruise documents have been issued. A change of a booking from an air/sea package to cruise only constitutes a cancellation of the air portion of the package and is subject to the cancellation charges indicated above, except that an additional fifty U.S. dollar (US$50) charge will apply for air cancellations made between 69 and 30 days prior to sailing. Cancellation and administrative charges apply to both individual and group bookings. The above charges do not include cancellation or change fees that may be applied by air carriers, hotels or other independent contractors, which will be assessed in accordance with each supplier’s policies.
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| | | The Carrier recommends that the Passenger purchase travel insurance that may cover loss, damage or expense incurred. As a convenience to Passengers, the Carrier can make arrangements for the purchase of travel insurance from a third party travel insurer and may charge a fee and earn a profit from the sale of such insurance. However, the Carrier is not an insurer, and any such insurance is provided by an independent contractor and is subject to the terms and conditions of the insurance policy, a copy of which is available upon request. Passengers should consult the conditions of coverage to determine benefits and exclusions. The insurance is not in effect unless and until the Carrier has received and accepted the premium payment with final payment. |
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| | | The Carrier reserves the right to assign accommodations other than those previously assigned to the Passenger provided they are of equal or higher value. The Carrier further reserves the right to assign accommodations of lesser value than those paid for by the Passenger, provided the Carrier tenders a refund equal to the difference in the Cruise Fare attributable to the cabin category the Passenger paid and the cabin category ultimately assigned and offers the Passenger the right to cancel the voyage without charge. |
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| | a) The Carrier may for any reason whatsoever, including without limitation adverse weather, perils of the sea, strikes ashore or onboard the Vessel, war, hostilities or the perceived threat thereof, at any time, with or without prior notice, cancel, delay, or advance any sailing or add, delete or alter any or all ports of call during the voyage itinerary, including ports of embarkation and disembarkation, or substitute another vessel, and the Carrier shall not be liable for any loss whatsoever arising from or relating to such cancellation, deviation, delay, substitution or modifications. In the event the voyage is canceled prior to commencement, the Carrier shall refund to the Passenger the actual amount paid by the Passenger to the Carrier for the voyage and in no event shall the Carrier be liable for any consequential damages, costs or expenses of any kind.
b) The Captain has full authority to proceed without pilot, to tow and assist vessels in all circumstances, and the Captain can deviate from the ordinary route or modify the voyage itinerary in any direction for any distance and for any purpose, including without limitation assisting other vessels in distress or in emergencies of any kind involving anyone or anything. The Vessel may call at any port whether or not contemplated in the itinerary, as well as transfer the Passenger and the Passenger’s baggage to any other vessel or conveyance, whether belonging to the Carrier or not, back to the port of embarkation or to the originally scheduled port of disembarkation. In any of these cases the Passenger shall not have the right to cancel this Contract, to recover any damages or costs, or to obtain any reimbursement of expenses of any kind from the Carrier.
c) If the performance of the voyage is interrupted, hindered or prevented (or in the opinion of the Carrier or the Captain is likely to be interrupted, hindered or prevented) before or after the sailing by force majeure, including without limitation war, hostilities, blockage, ice, labor conflicts, strikes onboard or ashore, restraint of government, fire, breakdown of the Vessel, congestion, docking difficulties, or any other cause whatsoever, or if the Carrier or the Captain considers that for any reason whatsoever, proceeding to, attempting to enter or entering or remaining at the port of the Passenger’s destination may expose the Vessel to risk of loss or damage or be likely to delay the Vessel, the Passenger and the Passenger’s baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call and the responsibility of the Carrier shall cease and this Contract shall be deemed to have beenfully performed, or if the Passenger has not embarked, the Carrier may cancel the proposed voyage. The Passenger shall not be entitled to any refund of the Cruise Fare or to compensation, damages or reimbursement of any expenses whatsoever, but will be given credit for the proportion of the Cruise Fare unused. The Carrier shall use reasonable efforts to arrange for the transportation of the Passenger and the Passenger’s baggage to the port of destination by any other available means of transport.
d) The Carrier and the Captain retain the right to follow any order or instruction given by governments or their departments.
e) Should the Vessel deviate from its course for any cause resulting from the Passenger’s negligence or due to a medical emergency involving the Passenger, the Passenger shall be liable for any related costs incurred and shall indemnify the Carrier for any costs, penalties, or demands arising there from.
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| | a) The Passenger acknowledges and understands that sea travel by definition involves travel to places and ocean areas where the availability of medical care maybe limited or delayed and where medical care and emergency evacuation may not be available. The Passenger represents that he or she is and shall be fit for such travel. The Carrier has the absolute right to refuse passage to the Passenger and to disembark the Passenger at any point during the voyage, at the Passenger’s sole risk and expense, when in the sole discretion of the Carrier or the Captain the Passenger is believed insufficiently fit for or otherwise unable to continue the voyage.
b) Infants must be at least six (6) months of age on the date of embarkation, except the minimum age is twelve (12) months for trans-ocean crossings (Atlantic, Pacific, Indian, Arctic, etc.), world cruises, cruises of 15 days or longer duration, or any other itinerary which in the opinion of the Carrier present serious risks to infants in need of emergency care. For all bookings reserved on or after June 1, 2008, pregnant women are allowed to sail only if pregnant for 24 completed weeks or less on the date of cruise embarkation. All pregnant women must provide to CCL at embarkation a physician’s letter stating the estimated date of delivery and that the mother and baby are in good health and fit to travel and the pregnancy is not at risk. Passengers who do not meet these requirements may not board the Vessel under any circumstances.
c) The Passenger must at the time of booking the cruise inform CCL’s Special Needs Desk at 1 800 GOCOSTA, Ext. 5009, of any existing physical or mental illness, disability or any other condition for which the Passenger or any other Passenger in their care may require medical attention or special accommodation during the voyage or for which the use of a wheelchair or service animal is contemplated or necessary. Such notification must also be confirmed by the Passenger to CCL in writing at the time of booking. If any such condition arises after the Passenger has booked the cruise, the Passenger must report the condition to the Carrier as soon as the Passenger becomes aware of it. The Carrier and the Vessel’s doctor and other personnel shall have no responsibility, obligation or liability of any kind for any consequence arising from the failure of the Passenger or the Passenger’s travel agent to provide such information, and the Carrier may cancel the Passenger’s reservation, assessing any applicable cancellation fees if sufficient time is not provided to make an adequate assessment of the medical condition or any special accommodations or other requirements necessitated by such disability or condition. The Carrier shall have the right to request a letter from a physician attesting to the Passenger’s fitness to travel, however the Carrier shall not be bound by any advice given by such physician. The Carrier reserves the right to revoke or refuse passage to anyone whom may, in the sole judgment of the Carrier or the Vessel’s doctor, require treatment, care or accommodations beyond that which the Vessel’s facilities can reasonably or readily provide, or whose mental or physical condition may make them unsuitable for or incapable of a cruise voyage due to the limited facilities onboard, or who may create an unreasonable risk of injury or harm to themselves or others. By accepting a guest with a physical or mental condition or disability, the Carrier assumes no responsibility, obligation or liability of any kind for such Passenger beyond that assumed for any other Passenger as provided in this Passage Ticket Contract. All Passengers are subject to all the limitations and terms and conditions set forth in the Passage Ticket Contract.
d) Passengers with physical limitations may travel with a properly trained and certified assistance animal (for example trained seeing-eye dogs) provided the Carrier is given advance written notice of Passenger’s desire to travel with the animal and Passenger assumes full responsibility for the animal’s food and hygiene. Passengers are advised that assistance animals may not be allowed off the Vessel in some or all ports due to animal quarantine requirements. The Passenger is responsible for confirming with local authorities where the animal will be allowed ashore and whether the animal can be allowed into the port of disembarkation if taken onboard the Vessel or if brought ashore in any port. The Passenger agrees to indemnify and hold the Carrier harmless for any loss, damage or injury to person or property caused by the presence of the animal.
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| | | The Carrier shall refuse boarding to any Passenger who is under the age of twenty-one (21), unless the Passenger is traveling in the same cabin with an individual twenty-five (25) years or older; or traveling in the same cabin with their spouse; or traveling with a parent or guardian in an accompanying cabin. Proof of age and/or proof of marriage are required. The Carrier shall not be liable to make any refunds or for any damages with respect to any failure by the Passenger to provide proper proof of age or marriage or otherwise comply with this provision. The Passenger agrees that no alcohol shall be purchased or consumed by any Passenger under the age of twenty-one (21) on cruises embarking or disembarking passengers at U.S. ports, or under the age of eighteen (18) for all other cruises. Passengers under the age of 18 may not play in the onboard casino or use any spa facilities and must be accompanied by a person over 18 on shore excursions. The Passenger's age on the date of sailing determines his or her status for the entire cruise. Each adult Passenger shall supervise any minor in his or her care and ensure compliance with all rules and regulations of the Carrier, the Vessel or its officers and the provisions of this Passage Contract. Any minor Passenger and accompanying adult Passenger(s) may be disembarked or refused embarkation without liability for refund, payment or compensation for failing to comply with any of these rules, regulations or provisions. Each adult Passenger shall indemnify and hold Carrier harmless for any acts or omissions of any accompanying minor. |
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| | a) The Passenger must at all times obey all the rules, regulations and orders of the Carrier and the Vessel’s Master. The Passenger may not solicit other Passengers for commercial purposes or advertise goods or services onboard the Vessel without the Carrier’s prior consent. The Passenger is responsible to comply without delay with the requirements of all immigration, ports, health, customs, and government police authorities, and all other laws and regulations of each country or state from or to which the Passenger will travel. The Carrier shall not be liable to ensure the Passenger’s compliance.
b) The Passenger, and the parent or guardian of Passengers who are minors, shall be directly responsible to the Carrier and shall reimburse the Carrier for (i) all damages caused by the Passenger to the Vessel or to its furniture or equipment and for damage to property or injury caused to other Passengers or crew, (ii) all fines, penalties or other expenses which the Carrier may incur or which may as a result of the Passenger’s acts or omissions be assessed against the Passenger, the Vessel or the Carrier by port authorities, customs, immigration or health officers or by any other official of any country, and (iii) for all costs and expenses, including repatriation, resulting from any delay or detention of Passenger onboard the Vessel or elsewhere due to injury, illness, disability or quarantine or due to action of any government or authority or for any other reason not the fault of the Carrier. The Carrier has no obligation to refund any portion of the Cruise Fare paid or to reimburse any expenses whatsoever to the Passenger if he or she is disembarked under Paragraph 15 of this Contract during the voyage or fails for any reason to be onboard the Vessel when the Vessel departs any port.
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| | a) The Passenger shall be allowed a reasonable amount of baggage free of charge. Baggage means only suit cases, valises, satchels, bags, hangers and bundles with their contents consisting of only such wearing apparel, toilet articles and similar personal effects as are necessary and appropriate for the purpose of the journey. For the Passenger’s convenience, security boxes are provided at no charge under the conditions set forth herein and as stated at the time the box is requested.
b) In the interest of international security and safety at sea, and in the interests of the convenience of other Passengers, the Passenger hereby agrees and consents to a reasonable search being made of the Passenger’s person, baggage or other property, and stateroom, and to the removal and confiscation or destruction of any object which may, in the opinion of the Carrier, impair the safety of the Vessel or comfort or convenience of other Passengers.
c) The Passenger is forbidden to bring onboard the Vessel live animals (except assistance animals), inflammables, firearms, ammunition, explosives, illegal drugs, or other potentially harmful or dangerous weapons, substances or materials. The Passenger further agrees that no alcohol purchased or obtained ashore may be brought onboard the Vessel. The Carrier reserves the right to refuse to permit the Passenger to take onboard any additional item it deems inappropriate.
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| | | The Carrier is not obligated to provide any medical assistance to the Passenger and the Vessel may or may not carry a ship’s physician or other medical personnel. If such personnel are onboard, they may or may not be retained as independent contractors, but regardless do not act as agents of the Carrier. The Carrier arranges for medical services as a convenience to Passengers and shall be entitled to charge a fee and earn a profit for so doing. The Carrier does not control the medical services and does not undertake to supervise any care or treatment provided by medical professionals. The Carrier shall have no responsibility, obligation or liability of any kind to the Passenger for any medical care, diagnosis or treatment of the Passenger, regardless whether such is rendered by onboard medical personnel or ashore. The Passenger shall be liable for all costs and expenses incurred for medical care, transportation or evacuation. |
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| | | The travel agent, if any, who booked the Passenger’s cruise, including without limitation a travel wholesaler or Internet travel service provider, acts at all times as the agent for the Passenger and not the Carrier. The booking of the cruise and the delivery of this Contract by the Carrier to the Passenger or the Passenger’s travel agent, whether by post, electronic mail or other means, is binding upon the Passenger, and the Passenger shall be responsible to the Carrier for the total amount of the Cruise Fare. The Carrier is not liable for any representations or statements made by the travel agent with respect to the cruise program purchased by the Passenger or for any conduct of the Passenger’s travel agent, including without limitation any failure to remit the Passenger’s deposit or other funds to the Carrier or any failure to remit a refund from the Carrier to the Passenger. Receipt of any documents or notices by the Passenger’s travel agent, including this Passage Contract, whether by post, electronic mail or other means, shall constitute receipt of same by the Passenger. |
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| | | The Carrier’s Vessels visit numerous ports in a number of countries. The Carrier reserves the right to alter or cancel itineraries with or without notice for any reason, including without limitation in the interest of security and safety. However, the Passenger assumes responsibility for his or her own safety and the Carrier cannot guarantee the Passenger’s safety while on or off the Vessel. The United States Department of State and other governmental and tourist organizations regularly issue advisories and warnings to travelers and the Carrier strongly recommends that the Passenger obtain and consider such information when making travel decisions. The Carrier assumes no responsibility for gathering said information. |
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| | | The Passenger accepts and agrees to the terms and conditions of the Carrier’s applicable brochure and “Guest Guide” booklet, all of which are hereby incorporated into this Contract as though fully set out herein. In the event of any conflict between the terms of this Contract and the terms and conditions of the Carrier’s brochure or “Guest Guide,” the terms of this Contract shall prevail. |
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| | | The Passenger grants Carrier the exclusive right throughout the universe in perpetuity, free of any claims, to use his/her photograph, image, likeness, voice, or other audio or visual portrayal taken during the cruise, including the right to edit, combine and make unrestricted use of such materials with other materials, or to delete or juxtapose any part of such materials with other materials, in any fashion, including without limitation the unrestricted right to copy, revise, distribute, display and sell photographs, images, film, tapes or recordings in any and all media now known or hereafter devised, including without limitation use on the Internet, for all purposes, including for promotional, advertising, marketing or other business purposes of the Carrier or affiliated or related companies or brands. Passenger hereby relinquishes any property interest or right Passenger may have in any such materials. |
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| | | Except as provided in Paragraph 9, if any portion or provision of this Contract shall be deemed invalid, illegal or unenforceable, that portion only shall be ineffective only to the limited extent of such invalidity, illegality or unenforceability and the remainder of this Contract shall remain in full force and effect. In the event any provision restricting or exempting the liability or responsibility of the Carrier or limiting remedies against the Carrier is invalid under applicable law, there shall be automatically substituted therefore the restriction or exemption from liability or responsibility of the Carrier or limitation of remedies, as the case may be, most favorable to the Carrier. |
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| | | This Contract constitutes the entire agreement between the Passenger and the Carrier. There are no other representations, undertakings or warranties of the Carrier, written or oral, except those expressly stated herein and this Contract may not be modified except in a writing signed by the Carrier. |
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