PEARL SEAS CRUISES, LLC
Terms and Conditions of Passage (the “Contract”)
IMPORTANT NOTICE TO PASSENGERS: THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY PEARL SEAS CRUISES. 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 2, AND SECTIONS 8 THROUGH 10, WHICH LIMIT OUR LIABILITY AND YOUR LEGAL RIGHTS. RETAIN THIS DOCUMENT FOR FUTURE REFERENCE.
1. DEFINITIONS; ENTIRE AGREEMENT.
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” means the Vessel, its owners, operators, employees, agents, and charterers; “Passenger” means all persons booking or purchasing passage under this Contract, including you, persons in their care, and their respective heirs and representatives. The “Passenger Information” on the PSC website (www.pearlseascruises.com) (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”), constitute 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. The terms of this Contract are severable and if any shall be found unenforceable, the remainder shall be enforceable.
2. LIMITATION OF LIABILITY (BAGGAGE, PERSONAL PROPERTY); PROHIBITED ITEMS:
PSC’s liability for lost or damaged personal property is limited to the contents of baggage when transferred on or off the Vessel up to a maximum of $100 per passenger. PSC L is not liable for Passenger’s lost, damaged, or stolen money, jewelry, electronic equipment (including cameras, computers, ipods, cellphones, etc.) or other items of value, or fragile or perishable items. 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. Animals of any kind may not be brought aboard the Vessel. PSC may refuse to permit Passenger to bring aboard the Vessel any item PSC deems inappropriate.
3. CHANGES IN ITINERARY:
PSC reserves the right to change, cancel or substitute any itinerary, vessel, 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 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 Passenger shall be entitled to (i) a pro rata refund, calculated on a per day basis, of fare actually paid less applicable fees and charges, if a Cruise is cancelled or terminates early, and (ii) a refund of deposit actually paid to PSC for a tour or excursion, if that tour or excursion is cancelled.
4. SHORESIDE TOURS/SERVICES:
Shoreside or afloat tours or other services (collectively “Tours”) arranged by PSC are made solely for Passenger’s convenience and are at Passenger’s risk. The providers of Tours are independent contractors and are not agents or representatives of PSC. 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 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.
5. HEALTH; DOCUMENTS; CONDUCT:
Passenger represents and warrants that he/she is fit to travel and 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 health or physical condition or because of conduct compromising 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 pre-existing illness or disability or misconduct at any time. PSC shall have no responsibility to provide special services or equipment other than services or equipment required by law. 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. 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.
6. 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.
7. MEDICAL ASSISTANCE:
Passenger acknowledges PSC is not a medical provider; PSC does 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 medical personnel attending to Passenger on or off the Vessel, if arranged by PSC, are provided solely for Passenger’s convenience and shall not be deemed acting under PSC’s control or supervision. PSC shall have no responsibility for medical care provided ashore or its cost.
8. FORUM SELECTION CLAUSE; CLASS ACTION WAIVER; WAIVER OF JURY TRIAL:
It is agreed by and between Passenger and PSC that all disputes, claims, suits, and matters whatsoever arising under or relating to 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, 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. PSC and Passenger IRREVOCABLY WAIVE TRIAL BY JURY in any such suit or proceeding. This Contract and any Claim shall be governed by federal maritime law. Passenger hereby consents to jurisdiction and waives any objection of venue or inconvenient forum he/she may have to any such suit or proceeding being brought in the applicable court located in Connecticut.
9. NOTICE OF CLAIMS; WAIVER; LIMITATIONS FOR SUIT; IN REM ACTION:
No lawsuit shall be filed or maintained against PSC for personal injury, illness, or death or for any other Claim 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. Passenger hereby irrevocably agrees that the posting of a letter of undertaking from any of PSC’s insurers shall constitute adequate and appropriate form of security for the immediate release of the Vessel in any in rem proceeding against a Vessel.
10. LIMITATIONS OF LIABILITY:
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 or (ii) intentionally inflicted by PSC. PSC shall not be liable for, and Passenger solely assumes the risk of, 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 or any other cause beyond PSC’s reasonable control, or any act not shown to be caused by PSC’s sole negligence. Passenger WAIVES all claims for consequential or punitive damages.
On any Cruises which neither embark, disembark nor call at a US 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, as well as the “Protocol to the Convention Relating to the Carriage of Passengers and Their Luggage by Sea” of 1976.
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. 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.