IMPORTANT NOTICE TO GUESTS
YOUR CRUISE/CRUISETOUR TICKET CONTRACT CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF PASSENGERS WITH RESPECT TO THE CARRIER FOR YOUR CRUISE. IT IS IMPORTANT THAT YOU CAREFULLY READ ALL TERMS OF THIS CONTRACT, PAYING PARTICULAR ATTENTION TO SECTION 3 AND SECTIONS 9 THROUGH 11, WHICH LIMIT OUR LIABILITY AND YOUR RIGHT TO SUE, AND RETAIN IT FOR FUTURE REFERENCE.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION FOR CERTAIN DISPUTES AND WAIVES ANY RIGHT TO TRIAL BY JURY TO RESOLVE THOSE DISPUTES. PLEASE READ SECTION 10 BELOW.
This Cruise/CruiseTour Ticket Contract (the “Ticket Contract”) describes the terms and conditions that will apply to the relationship between the Passenger (as defined in Section 2.f below) and the Carrier (as defined in Section 2.b below of the Vessel with respect to the Cruise or CruiseTour covered by this Agreement. Except as otherwise expressly provided herein, this Agreement supersedes any other written or oral representations or agreements relating to the subject matter of this Agreement or the Cruise or the CruiseTour but excluding the terms of the Cruise Lines International Association (“CLIA”) Passenger Bill of Rights that the Vessel’s Operator has adopted as a requirement of being a member of CLIA (the “CLIA Passenger Bill of Rights”). Your particular cruise space was sold by the Carrier to a Third Party Reseller that is reselling or otherwise providing that space to you. That Third Party Reseller may establish its own terms and conditions that govern the relationship between you and the Third Party Reseller. Any such terms and conditions shall not modify the terms and conditions of this Ticket Contract. Among other things, that third party may offer entertainment or amenities or other programs (collectively “Third Party Amenities”) that are not part of the Cruise or CruiseTour sold to the Third Party Reseller. The Carrier bears no responsibility for the marketing or performance of any Third Party Amenities and disclaims any liability to Passenger for the same. In addition, the Cruise or CruiseTour Fares, payment and cancellation/refund terms and conditions for the Cruise or CruiseTour Fares are established by the Third Party Reseller. Carrier shall bear no responsibility for providing any refunds to Passenger for their Cruise or CruiseTour; such refunds shall be the sole responsibility of the Third Party Reseller.
Purchase or use of this Ticket Contract, whether or not signed by the Passenger, shall constitute the agreement by Passenger, on behalf of himself and all other persons traveling under this Ticket Contract (including any accompanying minors or other persons for whom the Ticket Contract was purchased), to be bound by the terms and conditions of this Ticket Contract. This Ticket Contract cannot be modified except in a writing signed by a corporate officer of Operator. In addition, Guest acknowledges the availability of and Guest agrees to abide by the terms and conditions, which appear in the applicable Carrier brochure or online at www.royalcaribbean.com (excluding the Cruise or CruiseTour Fares, payment terms, and cancellation/refund terms which shall be established by the Third Party Reseller.) Except for the items excluded by the preceding sentence, in the event of any conflict between the Third Party Reseller’s terms, or other brochure or website materials and this Ticket Contract, the terms of this Ticket Contract shall prevail.
a. “Agreement” or “Contract” means the terms and conditions set forth in this Ticket Contract which shall constitute the sole agreement between Passenger and Operator for the Cruise or CruiseTour.
b. “Carrier” shall include: (i) the Vessel, or any substituted ship; (ii) the Vessel’s Operator; and (iii) with respect to the Land Tour portion of any CruiseTour, the operator of that Land Tour (“LTO”) together with the owners, managers, charterers, affiliates, successors and assigns of the entities identified in subsections (i), (ii) and (iii) of this sentence. Carrier also shall include the officers, directors, employees, agents, crew or pilots of the entities identified in the preceding sentence. The exclusions or limitations of liability of Carrier set forth in the provisions of this Ticket Contract, as well as all rights, defenses or immunities set forth herein, shall also apply to and be for the benefit of the Third Party Reseller, and any agents, independent contractors, concessionaires and suppliers of Carrier, as well as owners and operators of all shoreside properties at which the Vessel or the Transport may call, as well as owners, designers, installers, suppliers and manufacturers of the Vessel or Transport, or any component parts of either, together with the employees and servants of each of the foregoing, and/or any launches, craft or facilities of any kind belonging to or provided by any of the parties identified in this paragraph.
c. “Cruise or CruiseTour Fare” means the amount due to the Third Party Reseller for the Cruise or Cruise Tour, whether such amounts are owing and/or have been paid to the Third Party Reseller, but does not include amounts due for other products or services such as air transportation, photographs, gratuities, telephone calls, or medical services which can be purchased separately. Charges to the Passenger for government or quasi-governmental taxes and fees, whether assessed on a per passenger, per vessel, per berth or per ton basis, and any fuel surcharges, security surcharges or similar assessments made by airlines, trains, buses, hotels or other third parties are established by the Third Party Reseller and are due and payable by Passenger to such Third Party Reseller. For CruiseTours that include air travel, airfare is included in the CruiseTour Fare.
d. “CruiseTour” shall mean the combined vacation package officially published and offered by Carrier, which includes the applicable cruise and associated Land Tour.
e. “Land Tour” shall mean the land tour component of a CruiseTour to be provided either prior to the initial embarkation on the cruise or after the final debarkation from the cruise.
f. “Operator” means the entity identified in Section 18 below.
g. “Passenger” or “Guest” or “Your” means all persons traveling under this Ticket Contract and persons in their care, together with their respective heirs and representatives. “Passenger” shall include the plural and the use of the masculine shall include the feminine.
h. “Third Party Reseller” shall mean the unrelated third party to whom the Carrier has sold all of the berths on the Cruise or CruiseTour covered by this Agreement.
i. “Transport” means the railcars, buses and other modes of transportation or accommodation provided by LTO in connection with a Land Tour.
j. “Vessel” means the ship owned or chartered or operated by Operator on which Passenger may be traveling or against which Passenger may assert a claim, as well as any substituted ship used in the performance of this Ticket Contract.
3. BAGGAGE, PROPERTY AND LIMITATIONS OF LIABILITY
a. Baggage Limits and Prohibited Items. Each adult Passenger is permitted to carry on-board the Vessel or check-in only the wearing apparel and personal effects reasonably necessary for the cruise, including suitcases, trunks, valises, satchels, bags, hangers containing clothing, toiletries and similar items. In no event shall any Passenger bring on board the Vessel or check-in, or in connection with the Land Tour, any illegal controlled substances, fireworks, live animals (except under the terms of Section 12.d below), weapons, firearms, explosives or other hazardous materials, or any other items prohibited by applicable law or Carrier policy. Carrier reserves the right to refuse to permit any Passenger to take on board the Vessel or on any mode of Transport any item Carrier deems inappropriate.
b. Liability for Loss of or Damage to Baggage. Unless negligent, Carrier is neither responsible nor liable for any loss of or damage to Passenger’s property, whether contained in luggage or otherwise. Liability for loss of or damage to Passenger’s property in connection with any air or ground transportation shall be the sole responsibility of the provider of the service and in accordance with applicable limitations.
c. Limitation of Liability for Lost or Damaged Property. Notwithstanding any other provision of law or this Agreement, Carrier’s liability, if any, for loss or damage to property during the Cruise or CruiseTour shall be limited to $300.00 per Passenger, unless Passenger declares the true value of such property in writing and pays Carrier within 10 days of final payment for the cruise, a fee of five percent (5%) of the amount that such value exceeds $300.00. In such event, Carrier’s liability shall be limited to its true declared value, but not exceeding $5,000.
d. Limited Carriage. Carrier does not undertake to carry as baggage any tools of trade, household goods (including but not limited to appliances and furniture), fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Title 46 of the United States Code, Appendix Section 181. Each Passenger warrants that no such item will be presented to Carrier within any receptacle or container as baggage, and hereby releases Carrier from any liability whatsoever for loss of or damage to such items when presented to Carrier in breach of this warranty. In no event shall Carrier be liable for normal wear or tear of luggage or property, or loss of or damage to jewelry, cash, negotiable paper, photographic/electronic, medical or recreational equipment, dental hardware, eye wear, medications or other valuables unless they are deposited with Carrier on the Vessel for safekeeping against receipt (RCL does not accept valuables for deposit). Carrier’s liability, if any, for loss of or damage to valuables so deposited shall not exceed the amounts indicated in Section 3.c above.
4. MEDICAL CARE AND OTHER PERSONAL SERVICES
a. Availability of Medical Care. Due to the nature of travel by sea and the ports visited, the availability of medical care on-board the Vessel and in ports of call may be limited or delayed and medical evacuation may not be possible from the Vessel while at sea or from every location to which the Vessel sails.
b. Relationship with Service Providers. To the extent Passengers retain the services of medical personnel or independent contractors on or off the Vessel, Passengers do so at their sole risk. Any medical personnel attending to a Passenger on or off the Vessel, if arranged by Carrier, are provided solely for the convenience of the Passenger, work directly for the Passenger, and shall not be deemed to be acting under the control or supervision of the Carrier, as Carrier is not a medical provider. Likewise, any on-board concessions (including but not limited to the gift shops, spas, beauty salon, art program, photography, formal wear concessions) are either operated by or are independent contractors on board the Vessel, on Transport or elsewhere and are provided solely for the convenience of Passenger. Even though the Carrier shall be entitled to charge a fee and earn a profit for arranging such services, all such persons or entities shall be deemed independent contractors and not acting as agents or representatives of Carrier. Carrier assumes no liability whatsoever for any treatment, failure to treat, diagnosis, misdiagnosis, actual or alleged malpractice, advice, examination or other services provided by such persons or entities. Guest acknowledges that the Vessel’s hair dresser, manicurist, art auctioneer, gift shop personnel, spa personnel, wedding planners and other providers of merchandise and personal services are employees of independent contractors and that Carrier is not responsible for their actions.
c. Payment for Medical or Personal Care Services. Passenger shall pay for all medical care or other personal services requested or required, whether on-board or ashore, including the cost of any emergency medical care or transportation incurred by Carrier and any costs associated with the provision of medical services as provided in the CLIA Passenger Bill of Rights. If Passenger is unable to pay and the Carrier pays for such expenses, then Passenger shall reimburse Carrier for those expenses.