Terms and Conditions of Passage (the "Contract")
YOU ARE FURTHER DIRECTED TO CAREFULLY READ AND UNDERSTAND SECTION 8 AND SECTION 9 WHICH CONTAIN IMPORTANT TERMS, CONDITIONS, POLICIES, PROCEDURES AND REQUIREMENTS RELATED TO PUBLIC HEALTH, INCLUDING COVID-19 (“COVID-19 POLICIES AND PROCEDURES”)
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” 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”), 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 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 canceled or terminates early, and (ii) a refund of deposit actually paid to PSC for a tour or excursion, if that tour or excursion is canceled.
5. 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 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.
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; COVID-19 POLICIES AND PROCEDURES:
a. Physician Consultation Recommended; Acknowledgment 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 or otherwise provided herein.
c. Agreement To Comply With COVID-19 Policies and Procedures. In developing COVID-19 Policies and Procedures, PSC observes guidance and directives of federal health authorities, and state and local health authorities in the destinations visited. You acknowledge that these directives may change from time to time and that PSC’s COVID-19 Policies and Procedures may therefore change or be altered depending on location. YOU EXPRESSLY AGREE TO COMPLY NOT ONLY WITH THE COVID-19 POLICIES AND PROCEDURES AS THEY ARE DESCRIBED HEREIN, BUT ALSO AS THEY ARE SET FORTH IN ANY LATER COMMUNICATION FROM PSC RELATED TO COVID-19 (WHETHER IN WRITING OR VERBALLY) AT ALL TIMES INCLUDING PRE-EMBARKATION, WHILE ON BOARD, DURING PORT CALLS AND SHORE EXCURSIONS AND/OR FINAL DISEMBARKATION.
d. COVID-19 Policies and Procedures. You acknowledge that PSC’s COVID-19 Policies and Procedures may or will include (but are not be limited to): (1) completion of an accurate, truthful and complete health questionnaire in a form and containing any health or travel-related questions as determined by PSC in its sole discretion based on advice from cognizant government or health authorities or medical experts for each Passenger prior to boarding; (2) pre-embarkation and/or periodic testing and temperature checks of each Passenger followed by a period of isolation until test results are available; (3) modified capacity rules for activities (including but not limited to restaurants and entertainment events onboard and for shore excursions) which may limit or eliminate the ability of any Passenger to participate in particular activities; (4) mandatory use by each Passenger of face coverings in most locations outside of the Passenger’s cabin while onboard, during embarkation, disembarkation and shore excursions; (5) mandatory social distancing and/or cohorting of Passengers at any/all times while on board and during embarkation, disembarkation, and shore excursions; (6) additional restrictions during shore excursions depending on local conditions, including but not limited to denial of disembarkation at destinations unless participating in only PSC-approved shore excursions; (7) mandatory hand-sanitizing by Passengers upon entry or exit of any public areas; (8) confinement of Passengers to cabins, quarantine or emergency disembarkation of Passenger if, in PSC’s sole discretion, such steps are necessary to prevent or slow the spread of COVID-19; (9) the required completion by Passenger in a timely manner of any written authorizations or consent forms required for PSC to carry out its COVID-19 Policies and Procedures (including but not limited to medical information, medical privacy, or personal data privacy consent forms), and; (10) other policies and procedures deemed by PSC in its sole discretion to be necessary to reduce the risk of spread of COVID-19.
e. Consequences of Noncompliance With COVID-19 Policies and Procedures. Notwithstanding any other provision contained herein, any non-compliance by Passenger or anyone in Passenger’s traveling party with PSC’s COVID-19 Policies and Procedures or this Contract shall be grounds for a refusal to board, refusal to re-board after going ashore, quarantine onboard the Vessel, disembarkation, reporting to governmental or health authorities, or other steps deemed necessary in PSC’s sole discretion under the circumstances to protect the health and well-being of others. Under these circumstances, you shall not be entitled to a refund or compensation of any kind. You will be responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to your state or country of residence. Under no circumstances shall PSC be liable for any damages or expenses whatsoever incurred by any Passenger as a result of such denial of boarding, refusal to re-board, quarantine, disembarkation, or other steps taken by PSC.
f. Known or Suspected COVID-19 Case Before Boarding. You agree that if at any time within 14 days prior to scheduled embarkation, you test positive for COVID-19, exhibit signs or symptoms of COVID-19, have had close contact with a person confirmed or suspected as having COVID-19, or PSC otherwise determines in its sole discretion that you are unfit to board because of any serious communicable illness, PSC will deny you boarding. If you are denied embarkation because of an infection with COVID-19 as confirmed by medical test results, unless PSC determines that you have failed to comply with its COVID-19 Policies and Procedures or this Ticket Contract, you will be entitled to a refund of the amount you paid to PSC as Cruise fare or, at your election, a future cruise credit equal in value to the amount you paid to PSC as Cruise fare, subject to your providing verification satisfactory to PSC of results of any tests administered by providers other than those retained by PSC. If you are denied embarkation for any other reason in this Subsection 9(f) than in the preceding sentence, unless PSC determines that you have failed to comply with its COVID-19 Policies and Procedures or this Ticket Contract, you will be entitled to a future cruise credit equal in value to the amount you paid to PSC as Cruise fare. Under no circumstances shall PSC have any other liability for any compensation or other damages whatsoever, including but not limited to compensation for lodging or travel.
g. Known or Suspected COVID-19 Case After Boarding. You further understand and agree that if, after boarding, and even if you have fully complied with all COVID-19 Policies and Procedures, you test positive for COVID-19 or exhibits signs or symptoms of COVID-19, PSC may disembark, refuse re-boarding after a shore excursion, or quarantine you as well as members of your traveling party, or take other steps which PSC determines, in its sole discretion, are necessary under the circumstances to protect the health and well-being of others. Under these circumstances, if you have a known or suspected case of infection with COVID-19 and you are disembarked, refused re-boarding, or quarantined, you shall be entitled to a prorated future cruise credit, or at your election a refund, for the unused portion of the Cruise fare. You are responsible for all other related costs and fines, including without limitation travel expenses. Under no circumstances shall PSC be liable to you for any other costs, damages or expenses whatsoever incurred by you.
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 800-981-9146. Our offices are open 7 days a week.