GUEST TICKET CONTRACT
IMPORTANT NOTICE: THIS IS A LEGALLY BINDING CONTRACT BY BALEÀRIA CARIBBEAN TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW. THIS GUEST TICKET CONTRACT CONTAINS IMPORTANT LIMITATIONS ON OUR LIABILITY AND YOUR RIGHT TO SUE.
NOTICE: THE GUEST IS DIRECTED TO PAY PARTICULAR ATTENTION TO PARAGRAPHS 8(d), 8(e), 10, 12, AND 15 THROUGH 19, WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUEST TO ASSERT CLAIMS AGAINST BALEÀRIA CARIBBEAN, THE VESSEL, THEIR AGENTS AND EMPLOYEES, AND OTHERS, INCLUDING FORUM SELECTION, CHOICE OF LAW, TIME LIMITATIONS FOR FILING SUIT, ARBITRATION, AND WAIVER OF JURY TRIAL FOR CERTAIN CLAIMS. GUEST IS DIRECTED TO RETAIN THE GUEST TICKET CONTRACT FOR FUTURE REFERENCE.
Read Carefully - Important Terms and Conditions
The provisions of this Contract (also referred to as “Ticket”) represent the entire agreement between the Guest(s) and Carrier (as defined below). The Guest’s acceptance and/or use of the Ticket constitutes the Guest’s consent on behalf of him or herself and all other persons travelling under this Contract to be bound by the terms and conditions contained herein. Any change in these provisions must be in writing and signed by a corporate officer of Carrier and may require a commensurate increase in the Fare.
(a) This Contract is between the Carrier and the Guest. The term “Guest” shall include the plural where appropriate, and means all persons or entities booking or purchasing passage and/or traveling under this Contract, including heirs, representatives, and any accompanying minors. The masculine includes the feminine. “Guest” shall have the same meaning as “Passenger” in this Contract.
(b) “Carrier” means Baleària Caribbean and shall include all of its owners, operators, employees, subsidiaries, affiliates, agents, assigns, as well as the vessel upon which the voyage was booked or any vessel substituted in its place, including the master and crew of the vessel(s) for Guest’s ferry voyage.
(c) “Fare” means the amount paid for the voyage. The Fare does not include wi-fi, food and beverages on the vessel, gratuities, excursions, or parking. Charges for taxes, fees, port expenses, fees or charges imposed by governmental or quasi-governmental authorities, and other operational expenses are not included in the Fare and are subject to change as provided in paragraph 4(a) herein. The Fare shall be deemed to be earned when paid and not refundable except as provided herein.
(d) The terms “Guest” or “Guests” or “Passenger” or “Passengers” refers to a passenger on the vessel and includes every person named on the face of the Ticket.
2. SCOPE OF THE CONTRACT
(a) The Guest agrees that this Contract governs the relationship between the Guest and the Carrier, regardless of the Guest's age, whether the Guest purchased the Ticket on his or her own behalf or through an agent, and/or whether the Ticket has been held and/or presented by another person on behalf of the Guest.
(b) The Guest agrees that, except as expressly provided herein, this Contract constitutes the entire agreement between the Guest and Carrier, and supersedes all other representations or agreements, oral or written, including but not limited to anything stated on Carrier’s website, in Carrier's brochures, advertisements, and other promotional materials, by Carrier or Carrier’s employees or by third persons such as travel agents.
(c) The acceptance or use of this Ticket by the person(s) named hereon as Guests shall be deemed acceptance and agreement by each of them to all of the terms and conditions of this Contract.
(d) This Ticket is valid only for the person(s) named hereon as Guests and cannot be transferred or modified without Carrier’s written consent. The terms herein shall be binding upon payment of the Fare by the Guest and Guest accepts and agrees to the terms upon presenting this Contract to the Carrier for boarding even if no payment of the Fare has been made.
(e) The rights, defenses, immunities and limitations of liability set forth herein shall inure to the benefit of the Carrier and all agents, independent contractors or other service providers; and affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; all suppliers, shipbuilders, component part manufacturers; and its or their owners, operators, managers, charterers, agents, pilots, officers, crew and employees.
3. NON-TRANSFERABILITY/BINDING EFFECT
Only the Guest or Guests named on the Ticket will be allowed to sail on the vessel embarking on the date specified (the “Sailing Date”). The Ticket may not be sold, assigned or transferred. The Terms and Conditions of this Contract are binding on, and confer benefits to, the Guest, the Guest’s spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. The Guest represents and warrants that he or she is duly authorized by, and on behalf of, all Guests (including accompanying minors) named on the Ticket to agree to all of the terms and conditions of the Contract and to bind all such Guests to such terms and conditions.
4. TERMS OF FARE
(a) Items Included and Excluded from the Fare. The Fare paid by the Guest for this Ticket includes transportation on the vessel named herein, but does not include transportation to or from the vessel, seat upgrades, baggage fees (except 1 carry-on) excursions and activities off the vessel, meals, wi-fi, parking, beer, wine, spirits, sodas or mineral waters, nor expenses incurred for other incidental or personal services/purchases. The Fare does not include certain taxes, fees, credit card fees, surcharges*, port expenses and charges imposed by governmental or quasigovernmental authorities, including port authorities, service charges or the cost of the fuel supplement, nor any security surcharges or similar incidental surcharges, for which passengers will be charged. If governmental or quasi-governmental action results in any element of such taxes and fees exceeding the estimates used by Carrier for purposes of computing the quoted amount, Carrier reserves the right to pass through the extra amount.
*Surcharges may be imposed in the event of any significant change in costs beyond Carrier’s control, including but not limited, increases in the price of fuel, currency fluctuations, increases in government taxes or levies or increased security costs.
(b) Unused Tickets. The Guest agrees that the Carrier shall not be liable to make any refund to the Guest for Tickets that are wholly or partially unused by the Guest except as otherwise expressly stated in this Contract, any law or government regulation to the contrary notwithstanding. Refunds shall be made as specified herein and in the cancellation policy set forth in Section 6.
(c) Upgrades/Errors. Carrier reserves the right to collect the Fare in effect for the voyage selected by the Guest. Carrier shall not be obligated to honor any booking resulting from, nor shall be responsible or liable whatsoever in connection with, misprints or errors of any kind, whether in brochures, advertisements, on the Internet, during the booking process or otherwise, that result in Guest being undercharged for the voyage. Carrier reserves the right, prior to sailing, to collect the correct Fare or cancel the booking and refund any payment made by Guest. Carrier also reserves the right to cancel any booking and/or deny boarding to any Guest that maintains an outstanding balance in any amount owed to Carrier.
5. PRIOR TO BOARDING/CHECK-IN/TRAVEL DOCUMENTATION
(a) Boarding Times and Check-In. Check-in commences three hours before departure time. The terminal doors close at one hour before vessel departure. Carrier strongly suggests that the Guest plan to arrive early. Allow at least one hour for vessel clearance by local and federal authorities on return to port. No food or beverage is allowed to be brought on board.
(b) Departure terminals.
(1) The departure terminal in Fort Lauderdale may vary. Please call for more details at the 24 hour automated line (954) 533-4211, visit the Port Everglades website or our website: www.baleariacaribbean.com.
(2) The departure terminal in Freeport is Terminal 2, Freeport Harbor, Grand Bahama Island. Please check your Ticket Contract for boarding times. Please call for more details at the 24 hour automated line (954) 533-4211, visit the Port Everglades website or our website: www.baleariacaribbean.com.
(3) The departure terminal in Bimini is - Fisherman's Village, Bimini Bay, North Bimini, Bahamas. Please check your Ticket Contract for boarding times. Please call for more details at the 24 hour automated line (954) 533-4211, visit the Port Everglades website or our website: www.baleariacaribbean.com.
(c) Parking. Any available parking at the port and is not included in the Fare. Parking, including valet, is Guest’s sole responsibility.
(d) Travel Documentation. At check-in, Guest shall have in his or her possession, and Guest assumes all responsibility for obtaining, all visas, passports, Permanent Resident Cards, travel and health documents required by any governmental authority and Carrier (“Travel Documents”). Guest is also responsible for having received all medical inoculations and COVID-19 documents (see below) necessary for the voyage and having in their possession the Ticket and Travel Documents. Guest must take proper steps (including provision of all necessary Travel Documents) as may be required to enable Guest to disembark the vessel. Carrier shall not in any circumstances whatsoever be liable for the consequences of any insufficiency or irregularity in such documents, the failure of Guest to have the appropriate Travel Documentation or the non-compliance by the Guest with any such laws; regardless of whether any such documents are produced to Carrier by the Guest or that information or advice regarding laws is given by Carrier to Guest. If the Guest does not have proper documentation required for the voyage, then Guest may not be allowed to board the vessel. Should Guest be denied boarding for not having proper Travel Documents, Carrier shall have no liability to the Guest and no refund of the Fare will be made by Carrier to Guest. Guest shall indemnify Carrier for all penalties, fines, charges, losses and expenses imposed upon or incurred by Carrier due to Guest's failure to have proper documentation or otherwise comply with applicable laws or regulations of any kind. Any stamps on tickets, customs, excise or other taxes or fines on the Guest or Carrier resulting from Guest's conduct, embarkation expenses, and all expenses of such a nature are to be paid by Guest.
6. CANCELLATION BY GUEST; DATE AND NAME CHANGES; REFUNDS
(a) Refunds. This Ticket is non-transferable. No refund will be applied for cancellations of special offers and one-day trips except as provided herein. Any passenger who does not board the vessel for any reason except due to Carrier’s cancellation of the voyage shall not be entitled to a refund or date change. No refund, payment, compensation, or credit of any kind will be made for lost Tickets, unused or partially used portions of the ferry trip, except as specifically outlined in this Contract or other applicable terms and conditions.
(b) Cancellations By Guest. Cancellation requests received within 6 days of the original voyage departure date will be subject to the following cancellation fees:
• 7 days prior to original Sailing Date: full refund
• 4 – 6 days prior to original Sailing Date: 50% cancellation fee of the fare paid excluding taxes
• 3 days or less prior to original Sailing Date: 100% cancellation fee
Any changes made to a booking that may result in imposition of airline or other cancellation fees are the responsibility of the Guest.
(c) For cancellations, any amounts paid by Guest less applicable cancellation fees will be refunded as set forth herein. No refunds will be made in the event of cancellation or curtailment by the Guest after the Sailing Date. All refunds will be made to the individual or entity who made the payments being refunded. Refunds will be made in the same form of payment in which payment was originally received. Carrier is not responsible to the Guest for the receipt of monies refunded by Carrier directly to travel agents. All Tickets issued by Carrier must be returned by the Guest before refunds will be processed. Carrier will not be responsible in the event that travel agents charge an agency cancellation fee. Carrier reserves the right to restrict changes to a booking once a deposit has been received.
(d) Changes in Reservation. Changes in the date of the voyage are permitted if requested at least 24 hours before departure. Any difference in the amount of the Fare and a change fee of $50.00 will be applied to each change in date of the voyage. Any passenger who does not board the vessel for any reason shall not be entitled to a refund or date change. All requested changes are at Carrier’s sole discretion and subject to availability.
(e) Failure of Guest to Have Proper Travel Documentation. Carrier is not responsible to refund the Fare or any other expenses to any Guest denied boarding for failure to produce proper Travel Documentation as set forth in 5(d) above.
(g) Name Changes. All name changes require Carrier’s prior approval and may not always be possible. Requests by the Guest to change any names on the booking will be treated as a cancellation, subject to the applicable voyage cancellation fees in 6(b) above or a name change fee may apply. For more information regarding name changes please see our website: www.baleariacaribbean.com.
7. CANCELLATION BY CARRIER
Carrier is not liable for any refund of the Fare, loss, damage, delay, travel expenses or repatriation whatsoever, whether consequential or otherwise if the voyage for which this Contract was issued has been cancelled except as provided herein.
(a) Carrier has the right without previous notice to cancel this Contract at the port of embarkation or any time during the voyage and shall thereupon return to Guest, if the Contract is completely canceled, his Fare, or, if the Contract is partially canceled, a proportionate part thereof. Under such circumstances, Carrier shall have no further liability for damages or compensation of any kind.
(b) Except as provided in Paragraph 7(a), if the performance of the proposed voyage is hindered or prevented (or in the opinion of Carrier or the Master is likely to be hindered or prevented) by war, hostilities, blockage, labor conflicts, adverse weather conditions, disease or pandemic or governmental order relating to disease or pandemic, strikes on board or ashore, restraint of Rulers or government, seizure under legal process, breakdown of the Vessel, congestion, docking difficulties or any other cause whatsoever or if Carrier or the Master considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the port of Guest's destination may expose the Vessel to risk or loss or damage or be likely to delay her, the Guest and his baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call, at which time the responsibility of Carrier shall cease and this Contract shall be deemed to have been fully performed, or if the Guest has not embarked, Carrier may cancel the proposed voyage without liability to refund passage money or fares paid in advance.
8. CARRIER'S RULES AND REGULATIONS
(a) Guest’s Agreement. The Guest agrees to abide by the rules of the Carrier, including, but not limited to, the rules and regulations particularly set forth below, and to follow the lawful instructions of the vessel's officers and crew, at all times. The Guest accepts that failure to do so constitutes a material breach of this Contract which may subject the Guest, as well as any accompanying Guest(s), to involuntary disembarkation without liability whatsoever to the Carrier for any refund or any other related loss or expense to the Guest, and any accompanying Guest(s).
(b) Carrier’s Right to Refuse or Revoke Passage. The Guest recognizes and agrees that Carrier reserves the right, without incurring liability of any kind, to refuse or revoke passage to any Guest who, in the sole judgment of Carrier may be refused admission into a port of landing or into the country of destination, or may be suffering from a contagious disease, or for any other cause may endanger themselves or others, or become obnoxious to others. Any Guest who is refused passage or otherwise denied any advertised benefit or service under this paragraph shall not be entitled to receive any compensation whatsoever and shall become liable for any resulting expenses incurred by Carrier. Guest acknowledges that it is Carrier’s policy that all Guests must be onboard the vessel at least one (1) hour prior to the departure time noted on their reservation and voyage documents for the port of embarkation as well as one (1) hour before departure and agrees that it is the Guest’s responsibility not to miss such final boarding time. Any Guest who fails to board the vessel at least one (1) hour prior to departure is at risk of being left at the port of embarkation or port of call. In such event, Carrier shall have the right without notice to depart without the Guest and Guest shall be fully responsible to pay for all expenses incurred for his/her own return passage, including, but not limited to, government fees or fines, visa fees, subsistence, lodging, airfare, launch fare, car hire or agency fees. In such event, Guest shall not be entitled to a refund and shall be deemed to have breached this Ticket Contract. Further, in such event, the entire Fare shall be deemed fully earned by Carrier and no portion thereof shall be recoverable by, or refunded to, Guest.
(c) Forbidden Articles: Guest agrees not to bring any food and beverages on the vessel. Guest assumes all responsibility for complying with any applicable customs or import laws relating to any purchase from any duty free stores for food, alcohol or any other items which will be delivered to Guest at the conclusion of the voyage. Guest agrees not to bring on board the vessel, under any circumstances, any firearms or weapons of any kind, ammunition, explosives, flammable items, or other substances of a dangerous nature, and drugs (except prescription medication).
(d) Pets and Animals: No animals of any kind are allowed on the vessel except small domestic cats and dogs over 6 months of age. Please see separate paragraph 8(e) rules applicable to service dogs. While on board, all dogs must be carried in their own approved pet carriers or restrained by a harness and leash, and never on the passenger seat. Pet owners are also requested to ensure that their pet does not interfere with other guests’ peaceful enjoyment of their voyage. During the crossing, all dogs must be muzzled and remain in a kennel in the areas designated by the crew on the vessel. ALL PET AND ANIMAL OWNERS AGREE TO RELEASE CARRIER FOR ANY LIABILITY WHATSOEVER FOR THE INJURY OR DEATH OF AN ANIMAL ARISING FROM, RELATED TO, OR IN CONNECTION WITH THIS TICKET AND THE VOYAGE. Carrier reserves the right to refuse to transport an animal for the health and safety of guests and crew, including any illness or aggressive or violent behavior. In the event that Guest declines travel based on such refusal to transport a pet dog, Carrier shall have no liability for refund, compensation, loss or damages of Guest, including but not limited to any expenses incurred by Guest for accommodations or repatriation. Please refer to our website: www.baleariacaribbean.com for documentation required for small pets, which is Guest’s sole responsibility.
(e) Service Dogs. Dogs that are trained to do or perform tasks for a person with a disability, are permitted to accompany Guests with disabilities in all areas where members of the public are allowed to go on the vessel. Guest must notify Carrier, prior to the voyage, of the Guest's intention to bring such animal and agrees to accept full responsibility for any expense, damage, losses, or injuries associated with or caused by such animal. Service dogs must be housebroken, harnessed, leashed, or tethered, unless the individual’s disability prevents using these devices or these devices interfere with the service dog's safe, effective performance of tasks. In that case, the individual with a disability must maintain control of the service dog through voice, signal, or other effective controls. Please refer to our website: www.baleariacaribbean.com. for documentation required for service dogs, which is Guest’s sole responsibility.
(e) Liability of the Guest. The Guest shall be liable to and shall reimburse Carrier for all damages or loss of or to the vessel and its furnishings and any equipment or property of the Carrier or any other Guest caused directly or indirectly, in whole or in part, by any act or omission of the Guest or those for whom the Guest is responsible, whether willful or negligent, including but not limited to, theft or any other criminal act. THE GUEST SHALL FURTHER INDEMNIFY THE CARRIER AND EACH AND ALL OF THEIR AGENTS OR SERVANTS AGAINST ALL LIABILITY WHATSOEVER ARISING FROM ANY PERSONAL INJURY, DEATH OR DAMAGE OR LOSS WHATSOEVER CAUSED DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, BY ANY WILLFUL OR NEGLIGENT ACT OR OMISSION ON THE PART OF THE GUEST OR THOSE FOR WHOM THE GUEST IS RESPONSIBLE, INCLUDING THE GUEST’S PETS (SMALL DOMESTIC CATS AND DOGS AND SERVICE DOGS) AND ANIMALS AS ALLOWED ON THE VESSEL PURSUANT TO SECTION 8(e) and 8(d) ABOVE.
(f) No Soliciting. Guest shall not solicit other Guests, Carrier's employees, personnel or agents during the voyage with respect to any professional, commercial, or business activity, whether for profit or otherwise, without the prior written consent of the Carrier.
(g) Violation of Section 8 of this Contract. Carrier shall have the right to deny boarding for any and all violations of any of the policies set forth in this Section 8, including subparts. If Carrier exercises its rights under this Section 8, Passenger shall have no claim against Carrier whatsoever and Carrier shall have no liability for refund, compensation, loss or damages of Guest, including but not limited to any expenses incurred by Guest for accommodations or repatriation.
9. FITNESS TO TRAVEL; SPECIAL NEEDS; PREGNANCY; INFANTS
(a) Fitness to Travel; No Medical Care Onboard. Guest acknowledges that there is no medical care onboard the ferry and Guest further understands that there may be circumstances beyond Carrier’s control which may prevent or delay a medical evacuation or disembarkation. Guest warrants that the Guest, and those for whom the Guest is responsible, are physically, mentally and otherwise fit to travel at the time of embarkation, and further warrants that such Guests have no medical or emotional condition that would endanger any Guest or crewmembers or result in a deviation of the voyage. Any condition of the Guest that may require special attention or treatment of any kind should be reported to the Carrier by the Guest when a reservation is requested as such conditions cannot be accommodated onboard. Guest also acknowledges that the Bahamas authorities reserve the right to refuse entry to any port if Guest is ill who and does not require acute medical attention.
(b) Pregnancy. Guest agrees not to present herself for boarding under any circumstances if, by the time the Guest will conclude her travel with the Carrier, she will have entered the 31st week of pregnancy. Prior to departure, Guests who are 24 to 30 weeks pregnant must submit a letter from a physician certifying the gestational period and that the expecting mother is fit to sail. Guest may be denied boarding without any liability to Carrier as to Guest and any companions based on Guest’s failure to produce a fitness to travel letter.
(c) Infants and Children. Guest understands and agrees that infants aged 0-6 months may travel on board, however, in the event of rough seas or inclement weather conditions, Carrier may deny boarding of the infant at Carrier’s discretion and without a refund of the Fare. All Children under 18 must travel with an accompanying adult. If a child is travelling with a Guest who is not the minor's parent or legal guardian, the accompanying Guest is required to provide a parent/guardian notarized consent letter at the time of travel (signed by both parents) with copy of a photo ID. Minors traveling with only one parent also require a notarized consent letter from the other parent. If the second parent with legal claim to the child is deceased or if a Guest has sole custody, Carrier may, in its discretion, accept other formal legal documentation (e.g., death certificate or custody decrees) in lieu of a consent letter if notified in advance. Any failure to provide the required consent letter may result in being denied boarding without a refund of the Fare.
(d) Special Needs. Any Passenger with mobility, communication or other impairments, or other special or medical needs that may require medical care or special accommodations during the voyage, including but not limited to the use of any service animal, must notify the Carrier of any such condition at the time of booking so that Carrier may try to accommodate such requests. Guests with special needs are advised that certain international safety requirements, shipbuilding requirements, and/or applicable regulations may cause difficulty for mobility-impaired persons or persons with severely impaired sight and/or hearing, communication or other impairments or special needs. Carrier recommends that any Guest who is not self-sufficient travel with a companion who shall take responsibility for any assistance needed during the voyage. Guests requiring the use of a wheelchair must provide their own.
10. SAFETY, SECURITY & HEALTH
Carrier endeavors at all times to exercise reasonable care under the circumstances for Guests' comfort and safety on board its vessel. Carrier cannot guarantee freedom from any risks associated with war, terrorism, crime, health risks or other potential sources of harm. Carrier reminds all Guests that they must ultimately assume responsibility for their activities while ashore and for their travel choices. The U.S. Department of State and other government agencies regularly issue advisories and warnings to travelers giving details of local conditions in specified cities and countries according to such agencies’ perceptions of risks to travelers. Carrier recommends that Guests and their travel agents obtain and consider such information when making travel decisions.
The Guest, in the interests of international security and safety at sea and in the interests of the convenience of others, agrees and hereby consents to a reasonable search being made of the Guest's person, property, and to the removal and confiscation or destruction of any object which may, in the opinion of Carrier or the Master, impair safety, cause inconvenience, annoyance or nuisance to others, or violate Carrier’s rules and regulations.
There are risks inherent to being aboard the vessel and other means of transportation. These include, by way of example, having to evacuate the vessel or other means of transportation in case of emergency, having to move about on the vessel, rigid inflatable boats or tenders during rough seas and lack of access to medical services. For people who are ill or who have a mental or physical disability or impairment, these risks are more significant – access to all parts of the vessel, other means of transportation or to facilities on shore may be difficult or impossible for some Guests.
Guest understands that while aboard the Vessel or during activities ashore and/or traveling to or from the vessel, they may be exposed to communicable illnesses, including but not limited to COVID-19, influenza, colds and norovirus. GUEST FURTHER UNDERSTANDS THAT EXPOSURE TO SUCH ILLNESSES ARE BEYOND CARRIER’S CONTROL AND GUEST FURTHER RELEASES CARRIER FROM ANY AND ALL CLAIMS ARISING FROM, RELATED TO OR WHICH ARE A CONSEQUENCE OF ANY SUCH EXPOSURE.
11. SAILSAFE TRAVEL REQUIREMENTS (subject to change)
For up to date information on boarding, traveling and disembarkation requirements, please refer to the COVID-19 Section of our website at www.baleariacaribbean.com .[MO1] [CM2]
12. TRAVEL AGENTS
The Guest agrees, acknowledges, and confirms that any travel agent used by Guest in connection with the booking, purchase, or issuance of this Contract, is solely, for all purposes, Guest's agent and the Guest shall remain liable to Carrier for the full applicable Fare. GUEST ACKNOWLEDGES AND AGREES THAT CARRIER SHALL HAVE NO LIABILITY FOR ANY REPRESENTATION MADE BY SAID TRAVEL AGENT, INCLUDING ANY AND ALL TELEMARKETING AND MARKETING CONDUCTED BY THE TRAVEL AGENT. Guest Acknowledges that Carrier is not responsible for representations made by the travel agent and the financial condition or integrity of any travel agent. Carrier is not responsible for any representation or conduct of Guest’s travel agent, including but not limited to, any failure to remit Guest’s deposit or other monies to Carrier, for which Guest shall at all times remain liable to Carrier, or any failure to remit a refund from Carrier to Guest. Further, receipt by Guest’s travel agent of this Contract or any other communications, notices or information from Carrier shall constitute receipt of such materials by Guest. In the event that Guest’s travel agent fails to remit to Carrier any monies paid by Guest to the agent, Guest remains liable for the monies due Carrier, regardless of whether Carrier demands payment.
13. INDEPENDENT CONTRACTORS
(a) Off-Vessel Transport and Activities. The Guest recognizes and agrees that, if and when Carrier makes arrangements for Guest for ground transfers, shore excursions, medical care and/or for other transportation, activities, services, facilities or amusements occurring off of the vessel, Carrier does so solely for the convenience of the Guest. Carrier does not act on behalf of or supervise the parties or persons who own, furnish, or operate such conveyances, services or facilities, and the same are provided by independent contractors who work directly for the Guest and Guest is subject to such terms, if any, appearing in the tickets, vouchers or notices of such party or parties. Therefore, Guest agrees that Carrier assumes no responsibility for, nor guarantees the performance of, any such person, party, contractor, service or facility, and that Carrier shall not be liable for losses or injuries arising from the acts or omissions of such person, party, contractor, service or facility.
(b) Payment for Optional Services. Such parties or persons described in sub-paragraph (a) above shall be entitled to make a proper charge for any service performed for or on behalf of Guest and the cost of such service shall be the sole responsibility of the Guest.
(c) For-Profit Entity. Notwithstanding that Carrier, at the Guest's option, arranges ground transfers, shore excursions and other services with independent suppliers of such services, Guest understands and agrees that Carrier, being a "for profit entity," earns a fee on the sale of such optional services.
(d) Indemnity. Guest acknowledges and agrees that in the event the Carrier is found liable to pay damages to Guest based on the negligence or other wrongful conduct of any person or entity other than the Carrier, or is found liable to any other person or entity based on Guest’s conduct, whether by way of joint and several liability or otherwise, the Guest will indemnify and hold Carrier harmless for any and all such conduct and/or damages. This agreement to indemnify and hold the Carrier harmless shall specifically include, without limitation, all medical services provided on or off the vessel, as well as all shore excursions, transportation or other facilities or activities provided or furnished by any person or entity other than Carrier.
14. BAGGAGE, PERSONAL PROPERTY
(a) Baggage Definition. The term "Baggage" means suitcases, valises, satchels, bags, hangers or bundles and their contents consisting of clothing, clothing accessories, toilet articles, and similar personal effects, including all other personal property of the Guest not in a container.
(b) Guests may bring one carry on item free of charge with maximum dimensions of 22”x18”x10” and a personal item. Any additional baggage must be checked and will be assessed a fee each way, which must be paid before boarding. If the baggage exceeds the maximum dimensions or is over 50 pounds in weight, an additional fee may be assessed. Baggage must be securely packed and clearly labeled with the Guest’s full name.
(c) Guests must personally carry any Baggage containing fragile items and valuables, including, but not limited to, jewelry, watches, money, precious stones and metals, securities, checks, wines, other financial instruments and/or tickets, at all times during transit, including, but not limited to, on and off the vessel. Guest should not give any Baggage containing such items to anyone at any time, including, but not limited to vessel personnel or anyone else who is not known personally to the Guest, regardless of any assurances given to Guest that it is safe to do so. Baggage shall remain the personal responsibility of the Guest at all times. Carrier is not responsible for loss of or damage to any such items. For more information regarding size, and acceptable items please refer to our website: www.baleariacaribbean.com.
(d) Any liquid, perishable or other sensitive articles not suitably packed are transported at Guest’s own risk. Weapons, ammunition, explosives, flammable materials and substances that are hazardous, disabling, or illegal, non-prescription controlled substances or any other item that in the opinion of the Master is considered dangerous, are strictly prohibited aboard the vessel. Examples of dangerous items include, but are not limited to, firearms, stun guns, swords, ice picks or knives. Any such items shall be surrendered to the Master at embarkation and may be disposed of at the sole discretion of the Master.
(e) Carrier does not undertake to carry as Baggage any tools of trade, household goods, property of others, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments, or other valuables, including but not limited to those specified in 46 U.S.C. § 30503. The Guest warrants that no such items will be presented to the Carrier within any receptacle or container as Baggage, and hereby releases the Carrier from all liability whatsoever for loss of or damage to such items when presented to the Carrier in breach of this warranty. The Guest further warrants that he or she has not carried onto the vessel any goods or articles for purposes of trade or commerce, nor contraband, nor goods or articles which otherwise may violate the customs laws of the country from which the vessel embarks or of any other port State visited by the vessel during the course of the voyage, and the Guest agrees to indemnify the Carrier for any fines, duties, taxes, or other penalties that may be incurred as a result of any item brought on board by the Guest. The Carrier shall not be liable for any loss of or damage to any perishable items, dentures and/or other dental devices, optical devices (including contact lenses), medications, cameras, recreational and/or sporting equipment, jewelry, cell phones, clothing, electronic devices, cash, securities or other negotiable instruments under any circumstances whatsoever, whether carried within the Guest's Baggage or otherwise. If any such articles are shipped in Guest’s Baggage in breach of this warranty, no liability for negligence, gross or ordinary, shall attach to Carrier for any loss or damage thereto.
(f) Carrier shall not be liable for: (1) Guest’s failure to comply with the requirements set forth in Paragraphs 14(b)-14(e); (2) any loss, theft or damage to Guest’s luggage/personal items whatsoever; and (3) any item not claimed upon arrival at the port of call stored for a period of 30 days or more (if the item in question is not claimed within that time frame it will be disposed of without any compensation to the Guest).
15. LIABILITY LIMITATIONS FOR LOSS OF OR DAMAGE TO PROPERTY
(a) Guests agree that the total value of Guest’s Property brought aboard the vessel does not to exceed U.S. $250 per Guest. Carrier shall not be responsible or liable for any loss of or damage to Guest's Property unless directly caused by the negligence of Carrier or its employees acting in the course and scope of employment. Carrier’s liability for loss of or damage to Property of any Guest is limited to the amount of U.S. $250 per Guest per voyage.
(b) Any settlements, if any, will be made on the basis of actual cash value (replacement cost, less depreciation) up to a maximum of U.S. $250. Claims for damaged Property will be settled on the basis of the cost of repair subject to the liability limits set forth in Section 15(a). No amount shall be paid in settlement of any claim without proof of the actual cash value, or repair cost, as applicable, arising from the loss or damage provided to Carrier. Liability of the Carrier must also be established before any settlement will be paid.
(d) Personal belongings lost while unattended in public lounges or other public areas, whether on board the vessel or elsewhere, are not the responsibility of Carrier and are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, acts of God, or any other event as set forth in Paragraph 24 below are not reimbursable.
16. TIME LIMITS AND NOTICE REQUIREMENTS FOR CLAIMS
(a) SUITS FOR PERSONAL INJURY, ILLNESS OR DEATH. GUEST AGREES THAT NO SUIT, WHETHER BROUGHT IN REM OR IN PERSONAM, SHALL BE MAINTAINED AGAINST CARRIER FOR EMOTIONAL OR PHYSICAL INJURY, ILLNESS OR DEATH OF ANY GUEST UNLESS WRITTEN NOTICE OF THE CLAIM, INCLUDING A COMPLETE FACTUAL ACCOUNT OF THE BASIS OF SUCH CLAIM, IS DELIVERED TO CARRIER WITHIN SIX (6) MONTHS FROM THE DATE OF THE INCIDENT GIVING RISE TO SUCH INJURY, ILLNESS OR DEATH AT THE FOLLOWING ADDRESS, CLAIMS DEPARTMENT, BALEÀRIA CARIBBEAN 3300 SW 13TH AVE., FORT LAUDERDALE, FL 33315; AND NO SUIT SHALL BE MAINTAINABLE UNLESS COMMENCED WITHIN ONE (1) YEAR FROM THE DAY OF THE INCIDENT GIVING RISE TO SUCH INJURY, ILLNESS OR DEATH, AND PROCESS SERVED WITHIN 120 DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.
(b) TIME LIMITS FOR NON-INJURY/ILLNESS OR DEATH CLAIMS. NO PROCEEDING DESCRIBED IN PARAGRAPH 18 MAY BE BROUGHT AGAINST CARRIER, VESSEL OR TRANSPORT UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO CARRIER AT THE FOLLOWING ADDRESS, CLAIMS DEPARTMENT, BALEÀRIA CARIBBEAN 3300 SW 13TH AVE., FORT LAUDERDALE, FL 33315, WITHIN THIRTY (30) CALENDAR DAYS AFTER TERMINATION OF THE VOYAGE TO WHICH THIS TICKET CONTRACT RELATES. IN NO EVENT SHALL ANY SUCH PROCEEDING DESCRIBED IN SECTION 18 BE MAINTAINABLE UNLESS SUCH PROCEEDING SHALL BE COMMENCED (FILED) WITHIN SIX (6) MONTHS AFTER THE TERMINATION OF THE VOYAGE TO WHICH THIS TICKET CONTRACT RELATES AND VALID NOTICE OR SERVICE OF SUCH PROCEEDING IS EFFECTED WITHIN SIXTY (60) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.
(c) NO SUIT SHALL BE MAINTAINABLE AGAINST CARRIER OR THE VESSEL UPON ANY CLAIM RELATING TO LOSS OF OR DAMAGE TO ANY PROPERTY UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, IS DELIVERED TO CARRIER AT THE FOLLOWING ADDRESS, CLAIMS DEPARTMENT, BALEÀRIA CARIBBEAN 3300 SW 13TH AVE., FORT LAUDERDALE, FL 33315WITHIN THIRTY (30) DAYS AFTER TERMINATION OF THE CRUISE TO WHICH THIS CONTRACT RELATES. IN NO EVENT SHALL ANY SUIT FOR ANY CLAIM AGAINST CARRIER ENTITIES OR THE VESSEL WITH RESPECT TO LOSS OF OR DAMAGE TO PROPERTY BE MAINTAINABLE UNLESS SUIT IS COMMENCED (FILED) WITHIN ONE (1) YEAR AFTER THE TERMINATION OF THE VOYAGE AND PROCESS SERVED IS WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER THE SUIT IS FILED, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY, POSSESSION OR COUNTRY TO THE CONTRARY.
17. LIMITATION OF LIABILITY FOR LOSS OF LIFE OR INJURY
(a) IN THE EVENT THE GUEST IS ABLE TO STATE A CAUSE OF ACTION UNDER THE LAW GOVERNING ANY CLAIM WHICH MAY BE ASSERTED AGAINST CARRIER ENTITIES AND/OR THE VESSEL FOR NEGLIGENCE OR INTENTIONAL TORT OR BOTH, CARRIER ENTITIES AND THE VESSEL SHALL NOT BE LIABLE FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF THE GUEST, OF ANY KIND UNDER ANY CIRCUMSTANCES, UNLESS SUCH EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WAS:
(1) THE RESULT OF PHYSICAL INJURY TO THE GUEST CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL;
(2) THE RESULT OF THE GUEST HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, AND SUCH RISK WAS CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL; OR
(3) INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL.
(b) ON VOYAGES WHICH ARE BOOKED BY A GUEST IN A EUROPEAN UNION MEMBER STATE, OR WHICH EMBARK OR DISEMBARK IN A PORT LOCATED IN A EUROPEAN UNION MEMBER STATE, CARRIER ENTITIES SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN EUROPEAN UNION REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO GUESTS IN THE EVENT OF ACCIDENTS (“EU REGULATION 392/2009”). EU REGULATION 392/2009 LIMITS CARRIER’S LIABILITY AS FOLLOWS: (A) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A “SHIPPING INCIDENT”, A PASSENGER HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 250,000 SDR (APPROXIMATELY U.S.D. $363,000) IN ANY EVENT, WITH THE EXCEPTION OF CIRCUMSTANCES BEYOND CARRIER’S CONTROL (I.E., ACT OF WAR, NATURAL DISASTER, ACT OF A THIRD PARTY); HOWEVER, COMPENSATION PAID BY CARRIER CAN GO UP TO 400,000 SDR (APPROXIMATELY U.S.D. $580,000) UNLESS CARRIER PROVES THAT THE INCIDENT OCCURRED WITHOUT ITS FAULT OR NEGLECT; (B) FOR DEATH OR PERSONAL INJURY OF A GUEST CAUSED BY A NON “SHIPPING INCIDENT”, A PASSENGER HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 400,000 SDR (APPROXIMATELY U.S.D. $580,000), IF THE PASSENGER PROVES THAT THE INCIDENT WAS THE RESULT OF CARRIER’S FAULT OR NEGLECT; (C) CARRIER’S INSURANCE PROVIDER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SUMS IN EXCESS OF 250,000 SDR (APPROXIMATELY U.S.D. $363,000) IN RESPECT OF DEATH AND/OR PERSONAL INJURY; THERE ARE LIMITED CIRCUMSTANCES IN WHICH CARRIER’S INSURANCE PROVIDER IS NOT REQUIRED TO MAKE A PAYMENT. THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ON THE INTERNET AT http://www.imf.org/external/np/fin/data/rms_sdrv.aspx. THE TERM “SHIPPING INCIDENT” IS DEFINED IN EU REGULATION 392/2009 AS FOLLOWS: “SHIPPING INCIDENT” FOR THE PURPOSES OF THIS REGULATION INCLUDES: SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP OR DEFECT IN THE SHIP. PUNITIVE DAMAGES ARE NOT RECOVERABLE FOR CRUISES COVERED BY EU REGULATION 392/2009.
AS TO ALL OTHER VOYAGES NOT DESCRIBED ABOVE IN THIS CLAUSE 17(b), ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF LIABILITY PROVIDED IN, OR AUTHORIZED BY THE LAWS OF THE UNITED STATES SHALL APPLY, INCLUDING BUT NOT LIMITED TO, TITLE 46 OF THE UNITED STATES CODE §§ 30501 THROUGH 30509, AND 30511.
(c) LIMITATION OF LIABILITY FOR COMMUNICABLE ILLNESS. GUEST UNDERSTANDS THAT WHILE ABOARD THE VESSEL OR DURING ACTIVITIES ASHORE AND/OR TRAVELING TO OR FROM THE VESSEL, GUEST MAY BE EXPOSED TO ILLNESSES, INCLUDING, BUT NOT LIMITED TO, COVID-19, INFLUENZA, THE COMMON COLD AND NOROVIRUS AND OTHER VIRUSES. GUEST FURTHER UNDERSTANDS THAT EXPOSURE TO SUCH ILLNESSES ARE BEYOND CARRIER’S CONTROL AND GUEST FURTHER RELEASES CARRIER FROM ANY AND ALL CLAIMS ARISING FROM, RELATED TO OR WHICH ARE A CONSEQUENCE OF ANY SUCH EXPOSURE TO ILLNESS.
18. CLAIMS SUBJECT TO BINDING ARBITRATION
ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF A GUEST, WHETHER BROUGHT IN PERSONAM OR IN REM OR BASED ON CONTRACT, TORT, STATUTORY, CONSTITUTIONAL OR OTHER LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO ALLEGED VIOLATION 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 CONTRACT OR GUEST'S VOYAGE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN THE GUEST AND CARRIER, 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") SOLELY IN BROWARD COUNTY, FLORIDA, U.S.A. TO THE EXCLUSION OF ANY OTHER FORUM. GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ARBITRATION PROCEEDING IN BROWARD COUNTY, FLORIDA. 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 FILING THE DISPUTE WITH NAM, WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. NAM CAN BE CONTACTED AT 800-358-2550, ATTENTION COMMERCIAL CLAIMS DEPT., 990 STEWART AVENUE, FIRST FLOOR, GARDEN CITY, NY 11530, TO RESPOND TO ANY QUESTIONS REGARDING THE ARBITRATION PROCESS, AS WELL AS TO REQUEST A COPY OF NAM’S CURRENT COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND THE 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 GUEST 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 GUEST FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF THE GUEST ASSERTING THE CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. IN THE EVENT THIS PROVISION IS DEEMED UNENFORCEABLE BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION FOR ANY REASON, THEN AND ONLY THEN THE PROVISIONS OF PARAGRAPH 19 BELOW GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS PARAGRAPH.
19. FORUM SELECTION CLAUSE; CLASS ACTION WAIVER; GOVERNING LAW
(a) FORUM AND JURISDICTION. EXCEPT AS OTHERWISE PROVIDED FOR CLAIMS SUBJECT TO ARBITRATION IN SECTION 18, GUEST AND CARRIER ENTITIES IRREVOCABLY AGREE THAT ANY DISPUTE WHATSOEVER ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR INCIDENT TO THIS CONTRACT OR GUEST'S CRUISE INCLUDING ANY CLAIM FOR PERSONAL INJURY, ILLNESS OR DEATH, SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN FT. LAUDERDALE, FLORIDA. AS TO THOSE LAWSUITS OVER WHICH THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN FT. LAUDERDALE, FLORIDA LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN BROWARD COUNTY, FLORIDA, TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY WHERE SUIT MIGHT OTHERWISE BE BROUGHT. REGARDLESS OF WHETHER SUIT IS BROUGHT IN FEDERAL OR STATE COURT, THE PARTIES EXPRESSLY, KNOWLINGLY AND VOLUNTARILY WAIVE A TRIAL BY JURY. THE GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY OBJECTION TO VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN SUCH COURTS.
(b) CLASS ACTION WAIVER. GUEST HEREBY AGREES THAT EXCEPT AS PROVIDED IN THE LAST SENTENCE OF THIS PARAGRAPH, GUEST MAY BRING CLAIMS AGAINST CARRIER ONLY IN GUEST'S INDIVIDUAL CAPACITY. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, PASSENGER AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER, VESSEL OR TRANSPORT WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND PASSENGER EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING PASSENGER TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION AS PROVIDED IN PARAGRAPH 18 ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 18 ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
(c) IN REM WAIVER. IN THE EVENT OF AN IN REM PROCEEDING AGAINST THE VESSEL, GUEST HEREBY IRREVOCABLY AGREES THAT THE POSTING OF A LETTER OF UNDERTAKING FROM ANY OF CARRIER'S INSURERS SHALL CONSTITUTE AN ADEQUATE AND APPROPRIATE FORM OF SECURITY FOR THE IMMEDIATE RELEASE OF THE VESSEL IN LIEU OF ARREST.
(d) CHOICE OF LAW. EXCEPT AS OTHERWISE SPECIFIED, THIS CONTRACT AND ALL OTHER RIGHTS AND DUTIES OF GUESTS AND OF CARRIER WILL BE CONSTRUED, AND DISPUTES RESOLVED, EXCLUSIVELY IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF THE UNITED STATES WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, EXCEPT IN CASES INVOLVING DEATH ARISING OUTSIDE THE UNITED STATES WHICH SHALL BE GOVERNED EXCLUSIVELY BY THE DEATH ON THE HIGH SEAS ACT, 46 U.S.C. § 30301, ET SEQ. GUEST AGREES THAT THIS CHOICE OF LAW PROVISION REPLACES, SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY STATE OR NATION TO THE CONTRARY. IN ADDITION TO THE LIMITATIONS OF LIABILITY EXPRESSLY PROVIDED IN THIS CONTRACT, CARRIER SHALL BE ENTITLED TO THE MAXIMUM PROTECTION ALLOWED BY LAW, INCLUDING ANY STATUTORY PROTECTION AS TO THE AMOUNT OF DAMAGES RECOVERABLE. IN NO EVENT, HOWEVER, WILL CARRIER BE LIABLE FOR ANY DAMAGE, LOSS, INJURY OR DEATH NOT CAUSED BY THE NEGLIGENCE OF CARRIER.
20. WARRANTIES/CONSEQUENTIAL DAMAGES EXCLUDED
Carrier does not expressly or impliedly warrant, and specifically disclaims any warranty as to, (a) the fitness, condition or seaworthiness of the vessel and (b) the fitness, condition or merchantability of any food or drink provided on board the vessel. Carrier entities shall not be strictly liable in tort for any defect, lack of fitness, impurity or contamination of any food or drink provided on board the vessel. Carrier entities shall not be liable for any indirect, special, or consequential damages.
21. INABILITY TO JOIN AND/OR CABOTAGE
Embarkation or disembarkation at an unscheduled port of embarkation and/or disembarkation or failure to make any sailing of the vessel at any port shall be at Guest’s sole risk and expense. Guest may be denied subsequent boarding and Guest will not be entitled to any refund, payment, compensation, or credit of any kind. If a Guest has to disembark the vessel before the schedule port of disembarkation Guest will be responsible for any fines incurred by the vessel and/or the Master.
22. PAYMENTS BY THE GUEST AND EXTRA EXPENSES
Any and all payments by the Guest to Carrier shall be made in currency of the United States of America, or other currency acceptable to Carrier. All charges for services and products provided on board the vessel must be settled by a credit card acceptable to Carrier before the Guest’s final disembarkation from the vessel. Any other expenses incurred by the Guest or by Carrier on behalf of the Guest shall be payable by the Guest on demand.
23. USE AND DISPLAY OF LIKENESS; PUBLIC WIRELESS SERVICES
Guest hereby grants to Carrier and its successors, affiliates, licensees and assigns, forever and throughout the world, the right to use such photographs, film, images, tapings and/or recordings of Guest for any purpose, which include but is not limited to governmental investigations, litigation, and promotional materials. Guest agrees they will not be compensated for such use, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Carrier’s sole property, free from any claims by Guest or any person deriving any rights or interest from Guest.
Guest expressly agrees not to use any photograph, video recording or other visual or audio portrayals of Guest and/or any other Guest in combination with crew or the vessel, or depicting the vessel, its design or 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 written consent of Carrier. Carrier may utilize closed circuit television or other surveillance means on board the vessel.
Carrier may, at its sole option, make wireless internet or telephone access ("Wireless Services") available as a convenience; Carrier accepts no responsibility for non-availability or interruptions in Wireless Services. Guest agrees to use Wireless Services at Guest’s own risk; Carrier shall not be liable in any manner for resulting claims (including without limitation lack of privacy), losses or damages. Using Wireless Services is public and information sent or received is not guaranteed to be private. Guest’s Personal Data and Personal Preferences may be available to third parties. By using Wireless Services Guest agrees that Carrier, in its sole discretion or as may be required by law, 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). Guest agrees to comply with and acknowledges and accepts Carrier’s Terms and Conditions of Wireless Services.
24. FORCE MAJEURE
Except as provided herein, Carrier shall not be liable in any way to the Guest for death, injury, illness, damage, delay or other loss or detriment to person or property or for Carrier’s failure to commence, perform and/or complete any duty owed to the Guest if such death, injury, illness, damage, delay or other loss or detriment to person or property is caused by an act of God, war or warlike operations, terrorist activities, civil commotions, breakdown, labor difficulties or disputes (whether or not Carrier is a party thereto), strikes, lockouts, medical or health epidemic, outbreaks of illness, pandemic, interference by authorities, requisitioning of the vessel, political disturbance, inability to secure or failure of supplies, perils of the sea, inclement weather, collision, foundering of the vessel, fire, earthquakes, flood, vandalism, destructive acts of government, mechanical failure of the vessel, piracy, perils of navigation, perils of the sea, or any other cause whatsoever beyond the control of Carrier.
25. VESSEL AND VOYAGE
(a) Risk of Travel. The Guest admits and acknowledges that travel by ocean-going vessel occasionally presents risks and circumstances that may be beyond the ability of Carrier to reasonably control or mitigate. Guest's understanding includes all risks of travel, transportation, and handling of Guest’s property. Except as provided in Section 25(f), the Guest therefore assumes the risk of and releases Carrier from death, any injury, loss, delay or damage whatsoever to person or property arising from, caused by, or in the judgment of the Carrier or Master rendered necessary or advisable by reason of: any act of God or public enemies; force majeure; arrest; restraints of governments or their departments or under color of law; piracy; war; destructive acts of government; political disturbance; revolution; extortion; terrorist actions or threats; hijacking; bombing; threatened or actual rebellion, insurrection, or civil strife; fire, explosion, collision, stranding or grounding; weather conditions; illness, disease medical and health epidemic, outbreak of illness, and pandemic; foundering of the vessel; interference by authorities; docking or anchoring difficulty; mechanical failure; fire, earthquakes, flood, vandalism; no sail order; congestion; perils of the sea, rivers, canals, locks or other waters; perils of navigation of any kind; lack of water or passageway in canals; theft; accident to or from machinery, boilers, or latent defects (even though existing at embarkation or commencement of voyages); barratry; desertion or revolt of the crew; seizure of ship by legal process; strike, lockout or labor disturbance (regardless whether such strike, lockout or labor disturbance results from a dispute between the Carrier and its employees or any other parties); or from losses of any kind beyond the Carrier's control. Under any such circumstances the voyage may be altered, shortened, lengthened, or cancelled in whole or part without liability for damages or losses of any kind whatsoever, including refund, travel expenses and repatriation.
(b) Substitute Vessel. If the vessel does not sail on or about the advertised or scheduled date for any reason, including fault of the Carrier, Guest agrees that the Carrier shall be entitled to substitute any other vessel or means of transportation, regardless of whether owned or operated by Carrier, and to re-berth Guests thereon or, at the Carrier's option, to refund the Fare paid or a pro rata portion thereof, without further liability for damages or losses of any kind whatsoever.
(c) Itinerary Deviation. Guest agrees that Carrier has the sole discretion and liberty to direct the movements of the vessel, including the rights to: proceed without pilots and tow, and assist other vessels in all situations; deviate from the purchased voyage or the normal course for any purpose, including, without limitation, in the interest of Guest or of the vessel, or to save life or property; put in at any unscheduled or unadvertised port; cancel any scheduled call at any port for any reason and at any time before, during or after sailing of the vessel; omit, advance or delay landing at any scheduled or advertised port; return to port of embarkation or to any port previously visited if Carrier deems it prudent to do so; substitute another vessel or port(s) of call without prior notice and without incurring any liability to Guest on account thereof for any refund, loss, damage or delay whatsoever, whether consequential or otherwise.
(d) Transfer. Guest agrees that Carrier has an absolute right to transfer the Guest and/or the Guest's Baggage to other carriers, whether by water, rail or air, to or toward the ultimate destination. In the event such substituted passage is for the convenience of Carrier, it shall be at the Carrier's cost. Otherwise, it shall be at the cost of the Guest.
(e) Compliance with Government Orders. Carrier shall have the absolute right, without liability for compensation to Guest of any kind, to comply with any and all governmental orders, recommendations, or directions, including but not limited to those pertaining to health, security, immigration, customs or safety. In the case of quarantine, Guest agrees to bear all risks, losses and expenses caused thereby and will be charged for maintenance, payable day-by-day, if maintained on board the vessel for such period of quarantine. Guest assumes all risks and losses occasioned by delay or detention howsoever arising. Costs connected with embarkation or debarkation of Guests and/or Baggage and costs of transfer between vessel and shore as a result of the circumstances enumerated in this paragraph must be borne by the Guest.
(f) Mechanical Failures of the Vessel. In the event of cancellation of voyage due to mechanical failures of the vessel, the Guest will be entitled to a full refund of the Fare, or a partial refund for voyages that are terminated early due to those failures.
(g) Inclement Weather. In the event of cancellation of voyage due to inclement weather, the Guest will be entitled to a full refund of the Fare, or a partial refund for voyages that are terminated early due to those failures.
Should any provision of this Contract be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision shall be deemed to be severed from the Contract and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of the Contract are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female gender, and references to the singular shall include the plural and vice versa. The Terms and Conditions contained on Carrier’s website (www.baleariacaribbean.com) in effect as of the Sailing Date of the voyage to which this Contract relates are hereby incorporated by reference into this Contract. In the event of conflict between the provisions of this Contract, the Terms and Conditions contained on Carrier’s website, the terms of any Carrier advertisement or offer, and the oral representations of any Carrier representative, the provisions of this Contract shall control.
Except as provided in Section 19(b) above, should any provision of this Contract be deemed invalid for any reason, the Guest agrees that said provision is deemed to be severed from this Contract and shall be of no effect, but all remaining provisions herein shall remain in full force and effect.
28. WRITTEN NOTICES
Except as otherwise expressly provided in this Contract, all written notices required by the Contract must be mailed, postage prepaid, to:
3300 SW 13TH AVE.
FORT LAUDERDALE, FL 33315
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