Terms and Conditions of Passage (the “Contract”)

IMPORTANT NOTICE TO PASSENGERS: THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY PEARL SEAS CRUISES LLC TO, AND ACCEPTED BY, PASSENGER SUBJECT TO THE TERMS & CONDITIONS BELOW. IT IS IMPORTANT THAT YOU CAREFULLY READ ALL OF THE FOLLOWING TERMS & CONDITIONS, PARTICULARLY SECTION 3, AND SECTIONS 10 THROUGH 12 REGARDING LIMITATIONS OF LIABILITY, TIME TO BRING ACTIONS OR LAWSUITS, WAIVER OF CLASS ACTION RIGHTS, AND FORUM SELECTION, WHICH LIMIT OUR LIABILITY AND YOUR LEGAL RIGHTS. RETAIN THIS DOCUMENT FOR FUTURE REFERENCE.

1. DEFINITIONS:

In this Contract “Cruise” means the voyage for which passenger’s fare is payable, including all related shoreside excursions; “Vessel” means the vessel for the Cruise and tenders; “PSC” and “we” or “our” means Pearl Seas Cruises LLC and includes the Vessel, its owners, operators, employees, and agents; “Passenger” or “you” means all persons booking or purchasing passage under this Contract, including you, persons in their care, and their respective heirs and representatives.

2. AGREEMENT TO TRANSPORT; ENTIRE AGREEMENT:

Upon receipt of payment by you of the total Cruise fare PSC agrees to provide a Cruise according to all of the terms, conditions, limitations, and exceptions contained in this Contract.

The “Passenger Information” posted at https://www.pearlseascruises.com/general-information on PSC’s website (the “Passenger Information”) in effect as of the date Passenger first pays any fare for the Cruise is hereby incorporated into this Contract as part of the parties’ agreement. This Contract, including the Passenger Information and payment receipts (the “Agreement Documents”), constitutes the exclusive agreement between Passenger and PSC and supersede all other agreements, oral or written. If terms in other Agreement Documents conflict with terms of this Contract, this Contract shall control.

3. LIMITATION OF LIABILITY FOR BAGGAGE, PERSONAL PROPERTY; PROHIBITED ITEMS; CONSENT TO SEARCH:

FOR CRUISES WHICH EMBARK, DISEMBARK OR CALL AT A UNITED STATES PORT, PSC SHALL NOT BE LIABLE FOR LOSS OF OR DAMAGE TO YOUR CABIN BAGGAGE OR OTHER BAGGAGE OR PROPERTY IN ANY AMOUNT EXCEEDING U.S.$500.00 PER PASSENGER.  PSC IS NOT LIABLE FOR PASSENGER’S LOST, DAMAGED, OR STOLEN MONEY, JEWELRY, ELECTRONIC EQUIPMENT (INCLUDING CAMERAS, COMPUTERS, IPADS, CELLPHONES, ETC.) OR OTHER ITEMS OF VALUE, OR FRAGILE, VALUABLE OR PERISHABLE ITEMS, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN SECTION 30503 OF TITLE 46 OF THE UNITED STATES CODE.  (PLEASE READ SECTION 12(C) FOR LIABILITY LIMITATIONS FOR BAGGAGE ON CRUISES WHICH NEITHER EMBARK, DISEMBARK NOR CALL AT A UNITED STATES PORT.) 

In no event shall Passenger bring aboard the Vessel or check-in any flammable, explosive, weapon, or any other dangerous or harmful article of any kind, including illegal narcotic or other controlled substance (including but not limited to marijuana). Lithium batteries are allowed on board only if they are kept in baggage usually carried by Passenger; lithium batteries should not be stored or kept in baggage that is difficult to access.  Animals of any kind may not be brought aboard the Vessel unless acceptable evidence has been presented to PSC that the animal is a service animal related to a disability on the part of Passenger. PSC may refuse to permit Passenger to bring aboard the Vessel any item PSC deems inappropriate to the extent permitted by applicable law.  

Passenger agrees to a reasonable search of his/her baggage, person, and property, and to the destruction, removal or confiscation of any object which may in PSC’s sole opinion impair the safety of the Vessel or Passenger or others, or inconvenience others.

4. CHANGES:

PSC reserves the right to change, cancel or substitute any itinerary, vessel, stateroom, port of call, schedule, tour, excursion or duration of voyage at any time and for any reason whatsoever without prior notice (including reducing or extending days of the voyage or continuing or finishing a voyage via other means of transportation) and shall not be liable for any claim whatsoever by Passenger for such change, including, but not limited to, loss, compensation, or refund, except (i) if PSC cancels your Cruise, or delays your Cruise for more than 3 calendar days, and you do not accept an alternative cruise or choose not to travel on a delayed cruise, you will be entitled to a refund of Cruise fare and charges for accommodations, services and facilities (including port fees, taxes and other ancillary charges paid to PSC in relation to your Cruise) for the cancelled or delayed Cruise; (ii) if a Cruise terminates early, you will be entitled to a pro-rata refund (calculated on a per-day basis) of Cruise fare actually paid less applicable fees and charges, and; (iii) if a tour or excursion is canceled, you will be entitled to a refund of deposit actually paid to PSC for that tour or excursion.

5. SHORESIDE TOURS/SERVICES/AIR TRAVEL:

Shoreside or afloat tours or other services (collectively “Tours”) and any air travel arranged by PSC are made solely for Passenger’s convenience and are at Passenger’s risk. The providers of Tours and providers of air travel are either independent contractors or subject to contractual arrangements with PSC and are not agents or representatives of PSC. Although PSC may earn a profit from Tours or airline ticket services, in no event shall PSC be liable for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to Passenger arising out of or related to Tours, or by any airline, hotel, motel, ground carrier or any other provider of services, where utilized and/or offered incidentally to or in conjunction with carriage of Passenger aboard a Vessel.

For certain itineraries, PSC may purchase your air tickets for you. If PSC does purchase your air tickets, PSC will arrange for air transportation from select cities near your point of departure to an airport near the departure location for your Cruise, as well as return air transportation from a city near the disembarkation point of your Cruise to the originating city. PSC reserves the right to change or alter, without prior notice, flight arrangements in order to meet our ship departure and/or arrival times. PSC will notify you of flight re-accommodations. If tickets have already been issued, PSC will adjust your itinerary or air carrier accordingly and will notify you of any price adjustments that may be necessary. Unless specifically arranged by PSC, you are responsible for any ground transportation or hotel accommodations.

Air reservations are not guaranteed and are at all times subject to the air carrier’s availability and restrictions. If you choose to cancel your flight arrangements or alter your airline schedule in any way once your tickets have been issued, you will be responsible for any additional cost or fees resulting from the cancellation or change, which can total up to the full cost of the ticket. PSC reserves the right to pass on to you any cancellation or change penalties. If you fail to use your airline ticket, you are not entitled to compensation or you forfeit the value of the ticket. Unused airline tickets are only refundable to PSC.

If, for any reason beyond PSC’s control, PSC is not able to arrange for air transportation, or if air transportation arranged is no longer available, PSC’s sole liability will be limited to refunding the air add-on component to your fare. PSC is not affiliated with the airline carriers. PSC books air travel as a convenience for you. PSC assumes no liability for any of the airline’s acts or omissions, including, without limitation, those involving cancellation of flights, schedule changes, re-routings, damage to or delay or loss of baggage, flight delays, equipment failures, accidents, personal injury or death, pilot or other staff shortages, overbooking or clerical/system errors. Your rights against the airline are controlled and subject to the terms and conditions set forth in the airline’s ticket and tariffs, and any and all applicable laws and regulations.

Your actual air ticket may reflect fares higher or lower than the air add-on to your fare for air travel quoted to you by PSC. If so, the difference is neither chargeable nor refundable to you; you will be charged the amount originally quoted by PSC.

It is your sole responsibility to re-confirm flight arrangements within 48 hours of flight departure. Although PSC may pass requests for seat assignments, special meals and special assistance to the airlines, PSC cannot guarantee that such requests will be honored. PSC recommends that you contact the airline directly with any such requests. PSC is not responsible for airline schedule changes. You are responsible for luggage fees, excess luggage charges as well as any other charges imposed by airlines or airports.

If you decide to make a change to your airline reservation or upgrade your seat assignment through PSC, you will be charged any difference in price resulting from the change. PSC charges up to a $100 service fee for each passenger request to change an airline reservation.

6. CONDUCT:

Passenger represents and warrants that his/her conduct will not impair the safety of the Vessel or him/herself or others, nor inconvenience others. PSC, at its sole discretion, may refuse to carry or may land Passenger at any port, or transfer Passenger to any other means of transport because of conduct compromising the safety of the Vessel or Passenger or others, or inconveniencing others, and Passenger hereby specifically releases PSC and the Vessel from any and all liability for injury or damage connected with the Cruise caused by Passenger’s misconduct at any time. Passenger shall comply with any government travel requirements and shall arrive aboard the Vessel by the time fixed by PSC. Passenger shall pay PSC on demand the cost of any loss, expense, damage, or delay, including any fine, penalty, duty, or other charge, sustained by PSC because of any act or omission of Passenger. Passenger agrees to abide by all PSC rules and regulations and all orders and directions given by PSC or the Vessel’s officers. 

7. USE OF PHOTOS, VIDEOS, IMAGES OR RECORDINGS:

Passenger agrees and hereby grants to PSC the exclusive right to photograph, videotape, or otherwise record Passenger while aboard the Vessel, in port, or on Tours and include photographic, video and other visual portrayals of Passenger in any medium whatsoever for the purpose of advertising, publicity, trade or otherwise, without compensation to Passenger, and all rights, title and interest therein (including worldwide copyrights therein) shall be PSC’s sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger. Passenger agrees that he/she will not utilize any tape recording, video, or photograph(s) of him/herself, or any other passenger, crew, or third party aboard the Vessel, or depicting the Vessel, its design, equipment, or any part thereof whatsoever, for any commercial purpose or in any media broadcast, or for any other non-private use, without the express prior written consent of PSC.

8. MEDICAL ASSISTANCE:

Passenger acknowledges PSC is not a medical provider; PSC may not maintain a physician or infirmary on the Vessel; and the Vessel is equipped to provide only basic medical care for first aid to an injured or ill passenger until he/she can be evacuated from the Vessel to a shoreside medical facility, for which availability or evacuation may be limited or delayed due to the nature of sea travel and limitations of ports of call. Any medical services received by Passenger on or off the Vessel are at Passenger’s sole risk. Any personnel attending to Passenger on or off the Vessel, if arranged or employed by PSC, are provided solely for Passenger’s convenience and shall not be deemed to be acting under PSC’s control. PSC shall have no responsibility for medical care provided ashore or its cost. 

9. HEALTH; ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS; RIGHT TO DISEMBARK AND QUARANTINE:

a. Physician Consultation Recommended; Acknowledgement of Health Risks.  YOU ARE ENCOURAGED TO DISCUSS THE ADVISABILITY OF TRAVEL WITH YOUR PHYSICIAN AND TO REVIEW THE WEBSITES OF THE CENTERS FOR DISEASE CONTROL (“CDC”) AND OTHER RELEVANT GOVERNMENT AGENCIES FOR UPDATED INFORMATION. YOU ACKNOWLEDGE, UNDERSTAND AND ACCEPT THAT WHILE ABOARD THE VESSEL, IN TERMINALS AND BOARDING AREAS, OR DURING ACTIVITIES ASHORE AND/ OR WHILE TRAVELING TO OR FROM THE VESSEL, YOU OR OTHER GUESTS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19, INFLUENZA, COLDS AND NOROVIRUS. YOU FURTHER UNDERSTAND AND ACCEPT THAT THE RISK OF EXPOSURES TO THESE COMMUNICABLE ILLNESSES AND OTHERS IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, ARE BEYOND OUR CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. YOU KNOWINGLY AND VOLUNTARILY ACCEPT THESE RISKS AS PART OF THIS CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.

b. Right to Refuse Booking or Passage, to Disembark or Quarantine. You warrant that you and all others traveling with you are physically, emotionally and otherwise fit to undertake the Cruise; that you and they have received all medical inoculations necessary; that you and they will at all times comply with the Vessel’s rules and regulations and orders and directions of the Vessel’s master, officers and staff, and that your conduct will not impair the safety of the Vessel or jeopardize or inconvenience yourself or 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 of any Passenger who may be suffering from a serious and readily communicable infectious disease or whose presence, or that of any accompanying child or traveling companion, in the opinion of the PSC, the master of the Vessel, or any doctor, may be detrimental to the comfort, enjoyment or safety of other persons, or who, in PSC’s or the master’s opinion, might create a risk of harm to any other person, or who may be excluded from landing at the destination by governmental authorities. In such cases, the Passenger shall not be entitled to any refund of the Cruise fare or any payment, compensation or credit, except as required by law.

10. CLASS ACTION WAIVER; FORUM SELECTION; WAIVER OF JURY TRIAL; CHOICE OF LAW:

IT IS AGREED BY AND BETWEEN PASSENGER AND PSC THAT ALL DISPUTES, CLAIMS, SUITS, AND MATTERS IN CONNECTION WITH, RELATED TO, OR ARISING DIRECTLY OR INDIRECTLY FROM THIS CONTRACT OR PASSENGER’S CRUISE, INCLUDING TRAVEL TO, FROM, AND ON THE VESSEL AND ANY AND ALL TOURS OR EXCURSIONS ASHORE (EACH A “CLAIM”), SHALL BE LITIGATED, IF AT ALL, BY PASSENGER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS, EVEN IF APPLICABLE LAW PROVIDES OTHERWISE.  PASSENGER AND PSC FURTHER AGREE THAT ANY LITIGATION DESCRIBED IN THIS PARAGRAPH SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT, OR AS TO CLAIMS FOR WHICH FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN NEW HAVEN COUNTY, CONNECTICUT, U.S.A., TO THE EXCLUSION OF THE COURTS OF ANY OTHER DISTRICT, COUNTY, STATE OR COUNTRY. PASSENGER HEREBY CONSENTS TO JURISDICTION AND VENUE IN SUCH COURT AND WAIVES ANY OBJECTION, WHETHER BASED ON VENUE, INCONVENIENT FORUM OR OTHERWISE, PASSENGER MAY HAVE TO ANY SUCH SUIT OR PROCEEDING BEING BROUGHT IN THE APPLICABLE COURT LOCATED IN CONNECTICUT. UNLESS THE LAW OF THE STATE OR POLITICAL SUBDIVISION OF PASSENGER’S RESIDENCY DEEMS A WAIVER OF THE RIGHT TO TRIAL BY JURY A BAR TO ENFORCEMENT OF THIS FORUM SELECTION CLAUSE, PSC AND PASSENGER IRREVOCABLY WAIVE TRIAL BY JURY IN ANY SUCH SUIT OR PROCEEDING. 

THIS CONTRACT AND ANY CLAIM RISING UNDER OR RELATING TO THIS CONTRACT OR PASSENGER’S CRUISE SHALL BE GOVERNED BY THE MARITIME LAW OF THE UNITED STATES, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. 

11. LIMITATIONS OF TIMES FOR SUIT AND FORFEITURE; WAIVER OF RIGHT TO IN REM ACTION:

THE FOLLOWING TIME LIMITS AND FORFEITURE PROVISIONS APPLY TO ALL CLAIMS AND SUITS AGAINST PSC AND CANNOT BE WAIVED EXCEPT BY EXPRESS WRITTEN AGREEMENT OF ONE OF PSC’S AUTHORIZED CORPORATE OFFICERS:

NO LAWSUIT OR ACTION SHALL BE FILED OR MAINTAINED AGAINST PSC FOR PERSONAL INJURY, ILLNESS, OR DEATH IN CONNECTION WITH, RELATED TO, OR ARISING DIRECTLY OR INDIRECTLY FROM A CRUISE OR THIS CONTRACT, AND ANY SUCH LAWSUIT OR ACTION WILL BE FORFEITED UNLESS (I) WRITTEN NOTICE OF SUCH CLAIM, WITH FULL PARTICULARS, IS DELIVERED TO PSC’S PRINCIPAL OFFICE WITHIN SIX (6) MONTHS FROM THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND (II) A LAWSUIT AS TO SUCH CLAIM IS FILED WITHIN ONE (1) CALENDAR YEAR AFTER THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND (III) PROCESS FOR SUCH LAWSUIT IS SERVED UPON PSC WITHIN 120 DAYS AFTER SUCH LAWSUIT IS FILED. IF A CLAIM IS FOR PERSONAL INJURY AND CLAIMANT IS A MINOR OR MENTAL INCOMPETENT, OR IF A CLAIM IS FOR WRONGFUL DEATH, THE FOREGOING DEADLINES FOR A CLAIM MAY BE TOLLED UNTIL: THE DATE A LEGAL REPRESENTATIVE IS APPOINTED FOR THE MINOR, INCOMPETENT, OR DECEDENT’S ESTATE OR THREE (3) YEARS AFTER THE INJURY OR DEATH, WHICHEVER IS EARLIER. PASSENGER EXPRESSLY IRREVOCABLY WAIVES THE BENEFITS OF ALL STATE OR FEDERAL LAWS PROVIDING GREATER LIMITATIONS PERIODS FOR PASSENGER’S RIGHT TO SUE. 

NO LAWSUIT OR ACTION IN CONNECTION WITH, RELATED TO, OR ARISING DIRECTLY OR INDIRECTLY FROM A CRUISE OR THIS CONTRACT OTHER THAN FOR PERSONAL INJURY, ILLNESS, OR DEATH SHALL BE FILED OR MAINTAINED AGAINST PSC, AND ANY SUCH LAWSUIT OR ACTION WILL BE FORFEITED,  UNLESS (I) WRITTEN NOTICE OF SUCH CLAIM, WITH FULL PARTICULARS, IS DELIVERED TO PSC’S PRINCIPAL OFFICE WITHIN 30 (THIRTY) DAYS FROM THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND (II) A LAWSUIT AS TO SUCH CLAIM IS FILED WITHIN 6 (SIX) MONTHS AFTER THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND (III) PROCESS FOR SUCH LAWSUIT IS SERVED UPON PSC WITHIN 120 DAYS AFTER SUCH LAWSUIT IS FILED. PASSENGER EXPRESSLY IRREVOCABLY WAIVES THE BENEFITS OF ALL STATE OR FEDERAL LAWS PROVIDING GREATER LIMITATIONS PERIODS FOR PASSENGER’S RIGHT TO SUE.

PASSENGER HEREBY WAIVES ANY RIGHT HE OR SHE MAY HAVE TO AN IN REM OR QUASI IN REM PROCEEDING TO ARREST OR ATTACH ANY OF PSC’S VESSELS FOR THE PURPOSE OF OBTAINING SECURITY OR JURISDICTION AND WILL RELY SOLELY ON THE CREDIT OF PSC IN BRINGING ANY CLAIM AGAINST PSC, IF AT ALL.

12. LIMITATIONS OF LIABILITY FOR EMOTIONAL, MENTAL OR PSYCHOLOGICAL INJURY, FORCE MAJEURE, NON-UNITED STATES CRUISES, CONSEQUENTIAL AND PUNITIVE DAMAGES:

A. PSC SHALL HAVE NO LIABILITY WHATSOEVER TO PASSENGER FOR DAMAGES FOR EMOTIONAL, MENTAL, OR PSYCHOLOGICAL DISTRESS OR INJURY OF ANY KIND WHEN SUCH DAMAGES WERE NOT (I) THE RESULT OF PHYSICAL INJURY OR ACTUAL RISK OF PHYSICAL INJURY TO PASSENGER CAUSED BY PSC OR (II) INTENTIONALLY INFLICTED BY PSC.

B. PSC SHALL NOT BE LIABLE FOR INJURY, DEATH, ILLNESS, DAMAGE, DELAY, BREACH, OR OTHER LOSS TO PERSON OR PROPERTY, OR ANY OTHER CLAIM WHATSOEVER BY PASSENGER CAUSED BY ACT OF GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS, OUTBREAKS OF DISEASE OR GOVERNMENTAL DECLARATIONS OF DISASTER OR EMERGENCY UNLESS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAW, OR ANY OTHER CAUSE BEYOND PSC’S REASONABLE CONTROL OR ANY ACT EXCEPT AND UNLESS IT IS PROVEN THAT SUCH INJURY, DEATH, ILLNESS, DAMAGE DELAY, BREACH, OR OTHER LOSS TO PERSON OR PROPERTY RESULTED FROM PSC’S ACT OR OMISSION COMMITTED DURING THE COURSE OF THE CARRIAGE AND DUE TO PSC’S FAULT OR NEGLECT OR THAT OF ANY OF PSC’S SERVANTS OR AGENTS ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT, AND IN SUCH A CASE PSC’S LIABILITY SHALL NOT EXCEED THOSE LIMITATIONS DESCRIBED HEREIN AS PROVIDED BY APPLICABLE LAW.  PSC SHALL IN NO EVENT BE LIABLE TO YOU WITH RESPECT TO ANY OCCURRENCE PRIOR TO EMBARKATION OR AFTER DISEMBARKATION.  

C. ON ANY CRUISE WHICH NEITHER EMBARKS, DISEMBARKS NOR CALLS AT A UNITED STATES PORT, PSC SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT PURSUANT TO THE "CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA" OF 1974 (THE “ATHENS CONVENTION”), AS WELL AS THE "PROTOCOL TO THE CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA" OF 1976 (THE “1976 PROTOCOL.”)  THE ATHENS CONVENTION AND 1976 PROTOCOL LIMIT PSC’S LIABILITY FOR DEATH OF OR PERSONAL INJURY TO A PASSENGER TO NO MORE THAN 46,666 SDRS (APPROXIMATELY U.S.$67,500). AN SDR IS AN INTERNATIONALLY RECOGNIZED MONETARY MEASUREMENT WHOSE VALUE FLUCTUATES DEPENDING ON A DAILY EXCHANGE RATE AS MAY BE FOUND AT WWW.IMF.ORG.   YOU AGREE THAT PSC’S LIABILITY FOR LOSS OR DAMAGE TO BAGGAGE OR PERSONAL PROPERTY IS LIMITED UNDER ALL CIRCUMSTANCES TO THE PROVISIONS AND AMOUNTS OF THE ATHENS CONVENTION AND 1976 PROTOCOL: CABIN BAGGAGE 1,800 SDRS (APPROXIMATELY U.S.$2,600); DELAY 10,000 SDRS (APPROXIMATELY U.S.$14,500); OTHER BAGGAGE 2,700 (APPROXIMATELY U.S.$3,900). A COPY OF THE ATHENS CONVENTION AND 1976 PROTOCOL WILL BE PROVIDED BY PSC UPON WRITTEN REQUEST.

D. YOU AGREE, AS CONSIDERATION FOR THE CRUISE FARE PAID, THAT IN NO EVENT SHALL WE BE LIABLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES, NOTWITHSTANDING ANY LAW TO THE CONTRARY.

E. IN ADDITION TO THE RESTRICTIONS AND EXEMPTIONS FROM LIABILITY PROVIDED IN THIS CONTRACT, ON ALL CRUISES PSC SHALL ALSO HAVE THE BENEFIT OF ALL STATUTES OF THE UNITED STATES OF AMERICA PROVIDING FOR LIMITATION OF AND EXONERATION FROM LIABILITY AND THE PROCEDURES PROVIDED THEREBY, INCLUDING BUT NOT LIMITED TO TITLE 46 OF THE UNITED STATES CODE SECTIONS 30501 THROUGH 30509, AND 30511. 

F. NOTHING IN THIS CONTRACT IS INTENDED TO, NOR SHALL IT OPERATE TO, LIMIT OR DEPRIVE PSC OF ANY SUCH STATUTORY LIMITATION OF OR EXONERATION FROM LIABILITY UNDER ANY APPLICABLE LAWS.

13. TRAVEL AGENTS: 

If a travel agent has booked a cruise with us on your behalf, your travel agent acts solely for you as your representative and is not PSC’s agent. PSC understands that you have authorized your travel agent to make decisions on your behalf and they will have the same effect as if you had made them yourself. PSC is not responsible for any representation or conduct of your travel agent, including any failure to transmit your deposit or Cruise fare to PSC, for which you shall at all times remain liable, or any failure to transmit a refund from PSC to you. Receipt by your travel agent or other authorized individual (including any person who books a cruise on your behalf) of this Contract or other information from PSC or its agent shall constitute receipt of such materials by you. If your travel agent fails to remit any monies paid by you to the travel agent, you remain liable for the monies due PSC.

14. SEVERABILITY:

In case any provision in this Contract shall be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity or unenforceability.

Rates and schedules are subject to change at any time. For further information or questions regarding any of the above, please contact Pearl Seas Cruises at 1-800-981-9146. Our offices are open 7 days a week.