Princess Cruise Lines, Ltd. Passage Contract for Chartered Voyages
IMPORTANT NOTICE TO PASSENGERS: PLEASE CAREFULLY READ THE FOLLOWING PASSAGE CONTRACT TERMS THAT GOVERN ALL DEALINGS BETWEEN YOU AND CARRIER, AFFECT YOUR LEGAL RIGHTS AND ARE BINDING ON YOU, TO THE FULL EXTENT PERMITTED BY LAW,PARTICULARLY SECTION 12 GOVERNING THE PROVISION OF MEDICAL AND OTHER PERSONAL SERVICES, SECTIONS 13 and 14 LIMITING CARRIER'S LIABILITY for your death, illness, injury, or damage claims relating to baggage or personal property, and section 15 limiting YOUR RIGHT TO SUE, and requiring ARBITRATION AND WAIVER OF JURY TRIAL for certain claims.
1. INTRODUCTION; DEFINITIONS; GOVERNING LAW.
Upon booking the Cruise, each Passenger named on the travel summary explicitly agrees to the terms of this Passage Contract. Any Passenger booking or purchasing the Cruise represents that he or she is authorized by all accompanying Passengers to accept and agree to all the terms and conditions set forth herein. Upon receipt of the Cruise Fare, Carrier accepts the Passenger(s) named on the travel summary for the Cruise subject to the terms of this Passage Contract.
Passenger acknowledges and agrees that, except as otherwise expressly provided herein, the resolution of any and all disputes between Carrier and any Passenger, shall be governed exclusively and in every respect by the general federal maritime law of the United States, which the Passenger agrees replaces, supersedes and preempts any provision of law of any state or nation to the contrary.
This Passage Contract constitutes the entire understanding and agreement between You and Princess Cruise Lines, Ltd., the operator of all Princess Cruises brand ships ("Carrier"), and supersedes any prior oral, implied, written or other representations or agreements between You and Carrier except that in the event of a direct conflict between a provision of this contract and a provision of the Cruise Industry Passenger Bill of Rights (PBOR) in effect at the time of booking, the PBOR controls. This Passage Contract governs the relationship between You and Carrier, whether the Cruise is purchased by You or on Your behalf, and can only be modified by a writing signed by Carrier. You may not sell, assign or transfer Your booking, eDocs or airline eTickets and no person other than that named on the boarding pass may use the boarding pass. "eDocs" refers to Your travel summary, boarding pass and luggage tags. Any portion or provision of this Passage Contract which is invalid, illegal or unenforceable shall be ineffective only to the extent of such invalidity, illegality or unenforceability and, except as noted in Section 15(B)(ii) below, shall be severed from this Contract without affecting in any way the remaining provisions of the Passage Contract which shall remain in full force and effect.
For the purposes of the defenses, limitations of liability and rights of the Carrier set forth in this Passage Contract only, "Carrier" also includes the ship named on the travel summary and/or boarding pass (or any substituted ship), the ship's owners, operators, managers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, independent contractors, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, contractors or concessionaires.
"Cruise" means the scheduled voyage as published in the travel summary and/or boarding pass issued in connection with this Passage Contract, as may be amended pursuant to this Passage Contract, from the port of embarkation to the port of disembarkation, and also includes any air, rail, road or sea transport and any land accommodation components of any land-sea package sold, taken with or included in the price of the Cruise, and any activities, shore excursions, tours, or shoreside facilities related to or offered during the Cruise.
"Cruise Fare" means the amount payable by You to Carrier for Your Cruise. It covers the Cruise, scheduled meals and accommodations while on board, air programs and/or other travel components that Carrier may add to Your Cruise Fare and charge to Your stateroom account and/or credit card. The Cruise Fare does not include beer, wine, spirits, sodas or other bottled beverages, or charges for other incidental items, activities, excursions, transportation or personal services during or in connection with the Cruise; or any Taxes, Fees, Port Expenses, airline or other carriers' services or baggage fees, for which a separate charge may be imposed.
"Charterer" means the person(s) or entity(ies) that arranged Your Cruise with Carrier and chartered the ship.
"You," "Your" and "Passenger" mean the person(s) booking or purchasing the Cruise or named on the travel summary and persons in their care, including any minor, and their heirs, relatives and personal representatives.
"Taxes, Fees & Port Expenses" as used by Carrier, may include any and all fees, charges, tolls and taxes imposed on us by governmental or quasi-governmental authorities, as well third party fees and charges arising from a vessel's presence in a harbor or port. Taxes, Fees & Port Expenses may include U.S. Customs fees, head taxes, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, pilotage, air taxes, hotel or VAT taxes incurred as part of a land tour, immigration and naturalization fees, and Internal Revenue Service fees, as well as fees for navigation, berthing, stevedoring, baggage handling/storage and security services. Taxes, Fees, & Port Expenses may be assessed per guest, per berth, per ton or per vessel. Assessments calculated on a per ton or per vessel basis will be spread over the number of passengers on the Ship. Taxes, Fees & Port Expenses are subject to change and Carrier reserves the right to collect any increases in effect at the time of sailing even if the fare has already been paid in full.
"Vessel" shall mean the ship owned or operated or chartered in the performance of the Cruise.
2. PASSENGER'S OBLIGATIONS.
- Before You board the ship, You must:
- Pay Your Cruise Fare.
- Familiarize yourself with the terms of the Passage Contract.
- Bring all necessary travel documents such as passports, visas, proof of citizenship, re-entry permits, minor's permissions, medical certificates showing all necessary vaccinations, and all other documents necessary for ports of call in the countries to which You will travel.
It is the Passenger's sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All Passengers are advised to check with Charterer or the appropriate government authority to determine the necessary documents. You will be refused boarding or disembarked without liability for refund, payment, compensation, or credit of any kind if You do not have proper documentation, and You will be subject to any fine or other costs incurred by Carrier which result from improper documentation or noncompliance with applicable regulations, which amount may be charged to Your stateroom account and/or credit card.
PASSPORT REQUIREMENT WHEN MINORS TRAVEL WITH ONE ADULT ON VOYAGES GOVERNED BY U.S. WESTERN HEMISPHERE TRAVEL INITIATIVE ("WHTI") (includes travel within BERMUDA, CANADA, CARIBBEAN, MEXICO, UNITED STATES)
When minors are traveling with only one adult 21 years of age or older, Carrier requires that all passengers must be in possession of a valid passport. Carrier has implemented this requirement so that Your party remains together should an emergency arise that requires one or more in your party to be disembarked in a non-U.S. port. Carrier cannot guarantee that all members of Your party will be allowed to disembark with only a WHTI-compliant document or birth certificate. Failure to present a valid passport for all passengers traveling together will result in denial of boarding without refund of the of the Cruise Fare.
- Arrive at least two hours before the scheduled or amended sailing time and have with You all required documentation. Attach a completed Princess Cruises luggage tag to each piece of baggage.
- Be sure that You and any person in Your care are fit to take the Cruise. (See Section 8).
- Upon boarding the ship, You must register a valid credit card or other acceptable payment method at the Passenger Services/Purser's Desk to cover any charges to your stateroom account.
- Prior to disembarking the Vessel, You must pay in full all amounts charged to Your stateroom account.
Carrier shall not be liable for refund, payment, compensation, credit of any kind, or damages resulting from Your failure to comply with any of the requirements set forth above.
3. NOTICE CONCERNING SAFETY AND SECURITY.
Carrier visits a large number of ports in numerous countries around the world. At any given moment there are likely to be "trouble spots" in the world in terms of war, terrorism, crime, Act of God, civil commotions, labor trouble, and/or other potential sources of harm. Local conditions and infrastructure may also create hazards to Passengers while off the Vessel. Accordingly, it may be necessary to change, cancel or terminate the scheduled Cruise or any activities related to the Cruise, including, without limitation, shore excursions and port visits. Although Carrier endeavors to provide reasonable protection for Your comfort and safety onboard its ships, Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime or other potential sources of harm. Carrier reminds all Passengers that they must ultimately assume responsibility for their actions while ashore. The United States Department of State and other similar government agencies regularly issue advisories and warnings to travelers giving details of local conditions in specified cities and countries according to such agency's perception of risks to travelers. Carrier strongly recommends that Passengers and their travel agents obtain and consider such information when making travel decisions.
4. RIGHT TO REFUSE BOOKING AND PASSAGE, CANCEL RESERVATION; CONFINE YOU TO STATEROOM OR DISEMBARK YOU.
Carrier reserves the right to refuse booking of passage on a Cruise to any person or to cancel Your existing Cruise reservation for any lawful reason and regardless of a passenger's Captain Circle loyalty level or existing benefits. Any persons refused booking or passage in advance of the scheduled sailing by Carrier will be given a refund of their Cruise Fare. Captain Circle points have no cash value and therefore will not be refunded. No refund will be given to a Passenger who is refused passage or whose reservation has been cancelled if the Passenger books a Cruise after Carrier has advised him/her they are no longer allowed to sail on any of its vessels. Carrier may without liability for refund, payment, compensation or credit, except as provided herein, disembark or refuse to embark You, confine You in a stateroom, quarantine You, restrain You, change Your accommodations or disembark You at any time if, in the sole opinion of Carrier, the Captain or any doctor, You or any minor or other person in Your care during the Cruise are unfit for any reason for the Cruise, or Your presence might be detrimental to Your health, comfort or safety or that of any other person, or in the judgment of the Captain any of the foregoing is advisable for any reason. Carrier reserves the right to request a letter from Your physician attesting to Your fitness to travel, but by requesting such letter Carrier does not waive its right to disembark or refuse to embark You as set forth in this Section. Except as otherwise provided, if You are required to remain on board the Vessel or elsewhere, due to injury, illness, or disability, or due to action of any government or authority, or for any other reason not the fault of Carrier, You must pay or reimburse Carrier for all resulting costs and expenses, including for food, transportation, accommodation, medical and/or repatriation services, for You or those accompanying You. If You become unfit to travel for any reason during the Cruise and/or You disembark early, Carrier shall not be liable for any refund, payment, compensation, or credit of any kind.
5. ELIGIBILITY REQUIREMENTS; DRINKING; TOBACCO; GAMING; ALCOHOLIC BEVERAGES.
The minimum Passenger age is 6 months on Alaska, Canada/New England, Caribbean, Europe (excluding transatlantic), Japan (roundtrip), Mexico, Trans-canal cruises, and 12 months on all other cruises, including transatlantic and transpacific itineraries. Passengers under the age of 21 years must travel in a stateroom with a Passenger 21 years or older who shall assume responsibility for their care during the cruise. Each Passenger agrees and warrants that he/she will supervise any Passenger in his/her care at all times to ensure all policies, along with all other rules of the Carrier and Vessel, are strictly adhered to by all Passengers under their supervision.
No Passenger under the age of 21 may purchase, possess or consume alcohol during the Cruise. No Passenger under the age of 21 shall be permitted to engage in any gaming activities on board the Vessel. No Passenger under the age of 18 shall be permitted to purchase cigarettes or tobacco products. Indoor areas onboard the Vessel are non-smoking and smoking is only permitted in designated sections. Outdoor smoking areas are clearly posted throughout the Vessel. Smoking is prohibited in Passenger staterooms and balconies. Violations of the onboard smoking policy will result in a $250 fine for each occurrence, which will be charged to Your stateroom account. Repeated violations may result in You being disembarked prior to the end of the Cruise without any refund. The use of electronic cigarettes is allowed within the confines of a Passenger's stateroom (balcony not included) and within designated smoking areas only.
Passengers agree not to bring alcoholic beverages of any kind on board for consumption. At embarkation, all luggage will be scanned for suspected alcohol. Your luggage will undergo a secondary inspection by a security team operating under CCTV (closed circuit surveillance) or in the event Your luggage is locked, You will be notified and are required to attend the secondary inspection where any alcohol found will be removed and discarded. Carrier shall not be responsible for any loss, cost, disappointment or damage of any kind as a result of any alcoholic beverages removed.. You agree to surrender alcoholic beverages that are purchased duty free from the Vessel's gift shop, or at ports of call, to Carrier, which will be delivered to Your stateroom on the last night of the Cruise.
Passengers who will enter the 24th week of pregnancy by the last day of the Cruise agree not to book the Cruise or to board the Vessel. You further agree to abide by all age, gender or other eligibility requirements applicable to any other activities, services or facilities available during the Cruise, including, but not limited to, those associated with use of any spa facilities, and to ensure that You supervise the use of any such facilities by any minor in your care. There may be age restrictions applicable to activities on the ship and ashore, which are established for the safety and well-being of all participants. Carrier and all independent contractors, as the case may be, reserve the right to revise eligibility requirements for activities during the Cruise or ashore for safety or other lawful reasons from time to time, and with which each Passenger agrees to comply.
6. CANCELLATION; REFUND; CHARTERER
You shall not cancel Your Cruise directly with Carrier. Instead, you must communicate your cancellation to Charterer. You are not entitled to any refund of Your Cruise Fare or any other payment, compensation or credit from Carrier for cancellation. Refunds or any other payment, compensation or credit for cancellations, if any, will be made to You by Charterer.
Charterer acts for You in making the arrangements for Your Cruise and any related travel, lodging and shore excursions and tours. Carrier is not responsible for any representation or conduct of Charterer, including, but not limited to, any failure to remit Your Cruise Fare or other monies to Carrier, for which You shall at all times remain liable to Carrier, or any failure to remit a refund or other payment from Carrier to You. You acknowledge that Charterer acts solely as Your agent, and not as agent for Carrier, and is deemed Your agent. Further, receipt by Charterer of this Passage Contract or any other communications, notices or information from Carrier shall constitute receipt of such materials by You. You agree Carrier is not responsible for the financial condition or integrity of any Charterer. In the event that Charterer fails to remit to us any monies paid by You to Charterer, You remain liable for the monies due Carrier, regardless of whether Carrier demands payment.
7. RIGHT TO DEVIATE FROM SCHEDULED ROUTE, CHANGE PORT OF EMBARKATION/DISEMBARKATION, SUBSTITUTE TRANSPORTATION, CANCEL CRUISE AND ACTIVITIES, AND CHANGE OR OMIT PORTS OF CALL; SUBSTITUTION.
Except as otherwise provided, Carrier may, for any reason, without prior notice, cancel the Cruise; deviate from the scheduled ports of call, route and timetable; call or omit to call at any port or place or cancel or modify any activity on or off the Vessel; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property; or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten the Cruise or substitute ships, aircraft or other transportation or lodging. Accordingly, You should not make any important arrangements or meetings based on the scheduled Cruise, which may change without liability to Carrier. Carrier's responsibility, if any, for refunds, payments, compensation or credits under such circumstances shall be as agreed between Carrier and Charterer and Carrier will pay such amounts to Charterer only.
8. YOUR RESPONSIBILITY TO INFORM CHARTERER OF SPECIAL NEEDS.
You agree that You or any person booking on Your behalf must inform Charterer, at the time You contact Charterer to book Your Cruise, of any special need or other condition for which You or any other person in Your care may require any special or extra accommodation or medical attention during the Cruise, or for which the use of a wheelchair or service animal is contemplated or necessary. If any such special need or condition arises after You have booked the Cruise, You must advise Charterer as soon as You become aware of it. Passengers acknowledge and understand that certain international, foreign or local safety requirements, standards, and/or applicable regulations involving design, construction or operation of the vessel, docks, gangways, anchorages or other facilities on or off the Vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Passengers requiring the use of a wheelchair must provide their own as Carrier's wheelchairs carried on board the vessel are for emergency medical use only. You acknowledge and agree Carrier may disembark or refuse to embark You or anyone under Your care as set forth in Section 4 above.
9. NO ANIMALS.
No pets or other animals are allowed on the Vessel at any time, except for certain necessary service animals of a disabled Passenger, which require written notification to the Charterer at the time of booking Your Cruise and Carrier's written approval. You agree to accept responsibility, reimburse and/or indemnify Carrier for any loss, damage or expense whatsoever related to the presence of any service animal brought on the Cruise. You further agree to determine and meet any documentary or other requirements related to the animal.
10. UNAUTHORIZED STOPOVER OR DISEMBARKATION; CUSTOMS NOTICE.
Unauthorized stopover or disembarkation or failure to make any sailing of the Vessel at any port shall be at Your sole risk and expense, You may be denied subsequent boarding, and You will not be entitled to any refund, payment, compensation or credit of any kind. If You plan to disembark the Vessel and/or to off load packages, boxes or baggage before Your authorized port of call, You must advise the Passenger Services Desk no later than the day before arrival in that port to arrange an inspection of You and/or Your belongings by local customs authorities. Should You fail to comply with this requirement and You and/or Your belongings are not presented for inspection, You may be assessed monetary penalties by local authorities. Furthermore, You agree to assume and/or reimburse Carrier for any expenses or fines that may be incurred as a result of such noncompliance.
11. RESPONSIBILITY TO COMPLY WITH LAW AND REGULATIONS, RULES OF SHIP; NO SOLICITATION.
You shall be responsible for complying with the requirements of all immigration, port, health, customs, and police authorities, and all other laws and regulations of each country or state from or to which You will travel, as well as this Passage Contract. You must at all times obey all the rules, regulations and orders of the Vessel, Carrier and the Captain. You shall not solicit other Passengers for commercial purposes or advertise goods or services without Carrier's prior written permission. You may be disembarked without liability for refund, payment, compensation or credit of any kind if You or any Passenger for whom You are responsible violate any of these requirements, and You agree to assume and/or reimburse Carrier for any expenses or fines that may be incurred as a result of such noncompliance.
12. HEALTH, MEDICAL CARE AND OTHER PERSONAL SERVICES.
Due to the nature of travel by sea and the ports visited, the availability of medical care may be limited or delayed and emergency medical evacuation may not be possible from every location to which the Vessel sails. All health, medical or other personal services in connection with Your Cruise are provided solely for the convenience and benefit of Passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the Vessel or elsewhere at Your sole risk and expense without liability or responsibility of Carrier whatsoever, and agree to indemnify the Carrier for all medical or evacuation costs or expenses incurred on Your behalf. Doctors, nurses or other medical or service personnel work directly for Passenger and shall not be considered to be acting under the control or supervision of Carrier since Carrier is not a medical provider. Similarly, and without limitation, the beauty salon, fitness center, spa, art program personnel as well as , port lecturers, instructors, guest lecturers and entertainers shall be considered independent contractors who work directly for the Passenger.
13. BAGGAGE AND PERSONAL EFFECTS, LIABILITY LIMITATIONS, INSPECTION.
You may take a reasonable amount of luggage on board containing only Your personal effects, which shall include suitcases, trunks, valises, satchels, bags, hangers containing clothing, toiletries and other personal effects necessary for the Cruise. If You travel by air or other transportation the terms and conditions of the airline or other transportation provider apply to Your carriage on those conveyances. You may not take on board firearms, controlled or prohibited substances, inflammable or hazardous items, any other items prohibited by applicable law, or any other item Carrier deems in its sole discretion to be detrimental to the safety or comfort of any person. You agree Carrier has, at all times with or without notice, the right to enter and search Your stateroom, personal safe or storage spaces, or to search You, Your baggage and/or personal effects at any location.
You agree that Carrier's liability for loss or damage to baggage or personal property is limited to U.S. $250 per bag. In no event shall Carrier be liable for normal wear or tear of Your property or baggage. Carrier does not undertake to carry as baggage any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to, those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Carrier within any receptacle or container as baggage, and release Carrier from all liability whatsoever for loss of or damage to such items when presented to the Carrier in breach of this warranty. Such items must be shipped to Your destination by other means. You are strongly urged to keep valuables, irreplaceable items and medicines in Your possession at all times and not to pack such items in baggage or suitcases handled by others.
Carrier shall not be liable for any loss, or theft of, or damage to, or disposition of, cash, securities, negotiable instruments, jewelry, gold, silver or similar valuables or precious stones, works of art, electronics, computers (whether handheld, laptop or other), DVD players or digital or flash drive computer equipment, disks, memory cards or other electronic storage, handheld or similar devices, cellular telephones, cameras, video or audio tapes, CDs, binoculars, recreational equipment, dental hardware, cosmetics, eyewear (including eyeglasses, sunglasses and contact lenses), hearing aids, medications, medical equipment, wheelchairs, scooters, liquor or other alcoholic beverages, cigarettes, tobacco products, or business or other documents under any circumstances, whether carried within Your luggage or otherwise. You may use the safe in Your stateroom. However, You agree use of the stateroom safe will not increase Carrier's liability as provided in this Passage Contract.
You agree that baggage or property, including all lost and found items retained by Carrier or delivered by You to Carrier, which remains unclaimed in writing for more than 90 days after Your disembarkation shall be deemed abandoned and the sole property of Carrier and you relinquish any claim thereto. You further agree to pay all fees and expenses incurred by Carrier to deliver any such items that are claimed by You. Carrier assumes no responsibility whatsoever for otherwise delivering any such items or delivering items that are prohibited by law.
14. LIMITATIONS ON CARRIER'S LIABILITY; INDEMNIFICATION.
- General: Nothing contained in this Passage Contract shall limit or deprive Carrier of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability.
- Acts Beyond Carrier's Control, Force Majeure: Carrier is not liable for death, injury, illness, damage, delay or other loss to person or property of any kind caused by an Act of God; war; civil commotions; labor trouble; terrorism, crime or other potential sources of harm; governmental interference; perils of the sea; fire; seizure or arrest of the vessel; the need to render medical or other assistance, or any other cause beyond Carrier's exclusive control, or any other act or omission not shown to be caused by Carrier's negligence whether occurring on or off the Vessel. You further agree that Carrier shall not be held liable for any injury, death or damage or loss to persons or property caused by any intentional or negligent acts or omissions of Charterer.
- Claims for Emotional Distress: Carrier shall not be liable to Passengers for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such damages proven in a court of competent jurisdiction arising from and attributable to a Passenger's physical injury or as the result of a Passenger having been at actual risk of immediate physical injury proximately caused by Carrier's negligence ("Emotional Harm").
- Assumption of Risk: You agree that by using the Vessel's pools, sauna, athletic or recreational equipment and facilities or taking part in organized group or individual activities, whether on or off the Vessel or as part of a shore excursion, You assume the risk of injury, death, illness or other loss. You agree that Carrier shall not be liable to You for any injury, illness, death, damage or loss to person or property resulting from any occurrence taking place during any activities sponsored, promoted and/or organized by Charterer whether occurring on or off the Vessel. .
- Cruises To/From or Within the EU.: On international cruises which neither embark, disembark nor call at any U.S. port and where You commence the Cruise by embarking or disembarking in a port of a European Member State, Carrier shall be entitled to any and all liability limitations and immunities for loss of or damage to luggage, death and/or personal injury as provided under EU Regulation 392/2009 on the liability of carriers to passengers in the event of accidents. Unless the loss or damage was caused by a shipping incident, which is defined as a shipwreck, capsizing, collision or stranding of a ship, explosion or fire in a ship, or defect in the ship (as defined by the Regulation), Carrier's liability is limited to no more than 400,000 Special Drawing Rights ("SDR") per Passenger, (approximately U.S. $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal) if the Passenger proves that the incident was a result of Carrier's fault or neglect. If the loss or damage was caused by a shipping incident, Carrier's liability is limited to no more than 250,000 SDRs per Passenger (approximately U.S. $380,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal). Compensation for loss caused by a shipping incident can increase to a maximum of 400,000 SDRs per Passenger unless Carrier proves that the shipping incident occurred without Carrier's fault or neglect. Shipping incidents do not include acts of war, hostilities, civil war, insurrection, natural disasters, or intentional acts or omissions of third parties. In cases where the loss or damage was caused in connection with war or terrorism, Carrier's liability for any personal injury or death (whether occurring during a shipping incident or a non-shipping incident) is limited to the lower of 250,000 SDRs per passenger or 340 million SDRs per ship per incident. Punitive damages are not recoverable for cruises covered by EU Regulation 392/2009. For a copy of EU Regulation 392/2009, visit the eur-lex.europa site. In addition, Passengers embarking a cruise in a European Member State port are afforded rights under EU Regulation 1177/2010. For additional information on EU Regulation 392/2009 and EU Regulation 1177/2010, visit the Carrier's website.
- Additional Limitations from Liability: In addition to all the restrictions and exemptions from liability provided in this Passage Contract, Carrier shall have the benefit of all the statutes of the United States of America providing for limitation 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 305011. Nothing in this Passage Contract is intended to, nor shall it operate to, limit or deprive Carrier of any such statutory limitation, or exoneration from liability under any applicable laws.
- Excursions, Shoreside Services and Other Transportation: All travel facilities, tours, activities, products or services, including, but not limited to, any activities sponsored, promoted and/or organized by Charterer whether occurring on or off the Vessel provided in connection with, before, after or during Your Cruise, including but not limited to pre and post cruise activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, aircraft, or other conveyance, including, but not limited to, air travel to and from the Vessel, are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Carrier's supervision or control. In providing or selling reservations or tickets in connection with any such activities, services or transportation or by accompanying You during such activities, Carrier does so as a convenience to Passengers and shall be entitled to impose a charge and earn a profit from the sale of such excursions, services or transportation, but does not undertake to supervise or control such independent contractors or their employees, conveyances or facilities. Carrier accepts no liability for any loss, delay, damage, injury, death, or misrepresentation arising from any excursion, service or transportation, or any loss, delay or disappointment for any cancellations of any excursion, service or transportation including, but not limited to, air flight cancellation(s), errors in seat reservation, upgrade, overbooking or ticketing. Carrier makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any such contractors, transportation, tours, services, products or facilities. Any liability for such services will be governed by this Passage Contract and the contracts and/or tariffs between You and such service companies. You agree that, Carrier's liability, if any for non-performance of any independent contractor providing such facilities or services shall not exceed the amounts received for such facility or services by Carrier on Your behalf. Any company or person providing services or facilities of any kind in connection with a shore excursion or other activity offered for purchase by Carrier shall have the benefit of every defense to which Carrier is entitled under this Passage Contract.
- Indemnification: You agree to reimburse and indemnify Carrier for any damages, liabilities, losses, penalties, fines, charges or expenses of any nature whatsoever incurred by You or imposed upon Carrier as a result of any act, omission or violation of law or this Passage Contract by You or any minor or other Passenger in Your care.
- Limitation of Liability for Charterer's Activities: You understand and agree that by agreeing to charter a cruise to Charterer, Carrier in no way assumes any responsibility for any activity promoted, sponsored or organized by Charterer. You agree to release Carrier from any liability for any death, injury, illness or loss to person or property which may occur as a result of Your participation in any activity promoted, sponsored or organized by Charterer whether such activity occurs on or off the Vessel.
15. NOTICE OF CLAIMS AND ACTIONS; TIME LIMITATION; ARBITRATION; FORUM.
The following provisions are for the benefit of the Carrier and any agents, independent contractors, concessionaires and/or suppliers of Carrier:
- Notice of Claims and Time Limits for Legal Action:
- Claims for Injury, Illness or Death: In cases involving claims for Emotional Harm, bodily injury, illness to, or death of, any Passenger, no lawsuit may be brought against Carrier unless (1) written notice giving full particulars of the claim is delivered to Carrier within 6 months from the date of the Emotional Harm, bodily injury, illness or death, (2) a lawsuit on such a claim is filed within 1 year from the date of the injury, illness or death, and (3) valid service of the lawsuit is made within 90 days of filing the complaint.
- All Other Claims: No claim of any kind, including, without limitation, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to, or in any way arising out of, or connected with, this Passage Contract or Passenger's Cruise, other than for Emotional Harm or bodily injury, illness or death of any Passenger, shall be brought against Carrier unless (1) written notice giving full particulars of the claim is delivered to the Carrier within 15 days of the actual or scheduled termination date of the Cruise, whichever occurs first as specified in connection with this Passage Contract, (2) legal action on such claim is commenced within 6 months from such scheduled termination date, and (3) valid notice or service of any such action is effected upon Carrier within 90 days after commencement of the action.
- Forum and Jurisdiction for Legal Action:
- Claims for Injury, Illness or Death: All claims involving Emotional Harm, bodily injury, illness to, or death of, any Passenger whatsoever arising out of or relating to this Passage Contract or Your Cruise shall be litigated before a court of competent jurisdiction located in the County of Los Angeles, California, U.S.A., to the exclusion of the courts of any other country, state, city, municipality, county or locale. You consent to jurisdiction and waive any objection that may be available to any such action being brought in such courts.
- All Other Claims; Agreement to Arbitrate: All claims other than for Emotional Harm, bodily injury, illness to, or death of, a Passenger, whether based on contract, tort, statutory, constitutional or other legal rights, including, without limitation, alleged violations 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 Passage Contract or Passenger's Cruise, with the sole exception of claims brought and litigated in small claims court, 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") located in the County of Los Angeles, California, U.S.A. to the exclusion of any other forum. You agree the arbitrator shall resolve any dispute as the validity or applicability of this arbitration clause. You consent to jurisdiction and waive any objection that may be available to any such arbitration proceeding in Santa Clarita, California or Chatsworth, California. The arbitration shall be administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference. NAM can be contacted at (800) 358-2550, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, to respond to any questions regarding the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule.
NEITHER PARTY WILL 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 (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU 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 agree that each shall have the right to take one (1) deposition of a witness or a party and only one deposition of an expert designated by another party. Such depositions shall be limited to three (3) hours each. The parties further agree that each party shall be permitted to propound to another party a single document production request of no more than ten (10) specific categories of documents that are material as evidence in the case. In addition, each party may propound only one set of interrogatories to another party containing no more than twenty-five (25) interrogatories, including all subparts. Upon request by a party, the arbitrator(s) shall have the power to order such discovery, by way of document production, interrogatory, deposition or otherwise, as the arbitrator(s) considers necessary for a full and fair exploration of the issues in dispute. All claims filed in small claims court, and any claim as to which this arbitration provision is deemed unenforceable or which cannot be arbitrated for reasons beyond Your control, shall be litigated before a court of competent jurisdiction located in the County of Los Angeles, California, U.S.A., to the exclusion of the courts of any other country, state, city, municipality, county or locale. You consent to jurisdiction and waive any objection that may be available to any such action or proceeding being brought in such courts.
The arbitrator(s) and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate including, but not limited to, any claim that all or any part of this agreement to arbitrate is void or voidable.
- WAIVER OF CLASS ACTION: THIS PASSAGE CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT WHATSOEVER AGAINST CARRIER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION UNDER SECTION 15(B)(ii) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 15(B)(ii) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SHALL SUCH CLAIM NOT BE SUBJECT TO ARBITRATION.
16. FACIAL RECOGNITION SOFTWARE; USE AND DISPLAY OF LIKENESS; PERSONAL DATA; PRIVACY NOTICE; PUBLIC WIRELESS SERVICES.
Princess MyPix kiosks may be available for optional use during Your Cruise. Princess MyPix kiosks use facial recognition software which matches unique facial characteristics from Your security photo with photo(s) of You taken by onboard professional photographers. To use this facial recognition software, You must be at least 18 years of age and consent to use of this software by swiping Your cruise card or by providing Your cabin and folio number at one of the Princess Mypix kiosks onboard. Participation can be cancelled at any time during Your Cruise. Facial recognition information will be deleted from the system at the end of Your Cruise.
You grant Carrier and its licensees the right to use Your photograph/voice/indicia taken during Your Cruise, in any fashion, for any purpose, in all media now known or hereafter devised without any limitations whatsoever. Professional photographers photograph Passengers, process, display and sell such photos to You and other Passengers. Carrier may utilize closed circuit television or other surveillance means on board the Vessel. You agree You may provide personal data to Carrier that may include Your name, street or email address, date of birth, passport, financial account, and/or telephone numbers, likeness, photograph or other information which would identify You personally. You may also provide Carrier or others certain sensitive data such as Your health, medical condition, dietary or religious restrictions, gender or sexual orientation. You agree Carrier may (a) keep Your personal and sensitive data ("PSD"); (b) use it in its business worldwide in accordance with its privacy policies; (c) share it with Carrier's affiliated and related companies, and (d) subject it to processing worldwide provided Carrier's safeguards are used. You agree any PSD You provide to Carrier in the European Economic Area ("EEA") may be used, processed and transferred within and outside the EEA and specifically to the U.S.
You agree Carrier may disclose Your PSD to unaffiliated third parties: (a) after You request or authorize it; (b) to help complete a transaction for You; (c) to comply with law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas; (d) to enforce this Passage Contract or other agreements, or to protect the rights, property or safety of Carrier or others; (e) as part of a purchase, transfer or sale of services or assets (f) when provided to Carrier's agents, outside vendors or service providers to perform functions on Carrier's behalf; or (g) as described in Carrier's policies, as amended from time to time.
Carrier may, but is not required to, make wireless internet or telephone access ("Wireless Service(s)") available as a convenience. Carrier accepts no responsibility for interruptions in its Wireless Services. You agree to use Wireless Services at Your own risk. Carrier shall not be liable in any manner for claims (including, without limitation, lack of privacy), losses or damages resulting from Your use of, or inability to use, any Wireless Service. Using Wireless Services is public; information sent or received, including Your PSD, is not guaranteed to be private and may be available to third parties. By using Wireless Services You agree Carrier may monitor, record, intercept and disclose any transmissions and may provide to others all information relating to all Wireless Services (e.g., billing, account, or use records), in its sole discretion or as required by law. You agree to comply with the Carrier's Terms and Conditions of Wireless Services.
Princess Cruise Lines, Ltd., as Owner and Operator.