Conditions of use
GENERAL CONDITIONS OF USE OF THE WEBSITE
Section I "General information and acceptance of the general conditions for using the portal"
1. OWNER OF THE PORTAL
BALEÀRIA EUROLINEAS MARITIMAS, S.A. (hereby known as BALEÀRIA), with company headquarters at Estacio Maritima s/n 03700 Denia (Alacant) with tax number A53293213 and registered at the Trade Register of Alicante at the volume 2.133 of the book o, Folio 143, Section 8, Page A-48549 is the owner of the www.balearia.com websitewww.balearia.com, (hereby known as the Website) as well as balearia.net and balearia.org, and makes this website available for Internet users in order to provide information about services and offers of BALEÀRIA.
2. GENERAL CONDITIONS OF USE AND ACCEPTANCE OF SUCH CONDITIONS
2.1. The aim of these General Conditions of Use of the Website, along with the general contractual conditions that rule over the provision of services and/or the particular conditions that may be established, is to regulate both the placing of information and the commercial relations that arise between BALEÀRIA and the Website users. The fact of browsing on the web and/or using any of the services included in it means that you take on the role of User.
Browsing and/or use of any of the services on the Website means the acceptance as a User, without any reservation whatsoever, of all these General Conditions of Use, of the General Contractual Conditions, that if appropriate, rule over the provision of services offered on the Website, as well as, if appropriate, the Particular Conditions that may exist in relation to the provision of services
2.2. BALEÀRIA may, at any time, and without previous notice, amend these General Conditions, as well as the General Contractual Conditions laid down in Section III below, and/or the particular conditions which, if appropriate, are included, by means of the publication of these amendments on the Website so that the Users will be aware of them always before visiting the Website or on the purchasing of any of the consumer goods offered on the Website. This modification is not effective until three days after its publication.
2.3. BALEÀRIA does not assume any liability for any discrepancy that might exist between printed documents and the electronic version published in this website. In the event of discrepancies between the printed version and the version published on this website, the printed version will prevail.
2.4. This English version is published for informative purposes only. In the event of discrepancies between the English and the Spanish versions, the Spanish version will prevail.
Section II "General conditions of use of the portal"
These General Conditions will be applied to promotional activity and the supplying of information made through the Website as well as the provision of services offered on the Website, in such a way as they will at all times rule over both a simple browsing of the web and for the purchasing of goods and/or the provision of services within the framework of the Website, with the added condition that these latter activities are subject to both the General Conditions of Use and the General Contractual Conditions applicable and to the particular conditions, which, if appropriate, may exist.
1. PERSONAL DATA PROTECTION POLICY
1.1. In accordance with the Act of Law 15/1999, of the 13th of December, regarding Personal Data Protection, BALEÀRIA informs the User of the existence of a file containing personal data created with the data obtained on the Website and by BALEÀRIA, and under its responsibility, for purposes of information and provision of services offered on the Website, as well as for the undertaking of promotional and publicity activities by any means whatsoever, including the sending of e-mails and messages via any system including SMS, UTMS, etc., which may be of your interest in order to broaden and improve our products, fitting our offers to your preferences or needs, based on a study and segmentation of the personal and commercial data that features on our files as a result of your access to the Website, as well as to enable you to make a personalised browsing.
1.2. The User hereby accepts the inclusion of data gathered during their browsing of the Website, or supplied by any other form, as well as those deriving from a commercial relationship, in the automated personal data file referred to in the first section. During the data collection process, and in each place where this data is requested, the User will be informed -either by hyperlink or by the inclusion of fitting amendments in the form itself- in an obligatory way or otherwise of the collection of this data, except in the case of making bookings; in this latter case BALEÀRIA informs the User that from this moment the supplying of data is no longer of a voluntary nature, and that it will be necessary to include this data for the formalisation of the provision of services; they will have to provide data relating to their name, address and credit card number in order to make the payment, since this data is essential for the formalisation and provision of the different services offered on the Website.
1.3. The User may exercise, regarding the data gathered in the manner stipulated in the above section, the rights recognised in the Act of Law 15/1999, and in particular regarding rights of access, rectification or cancellation of data and opposition, whenever appropriate, as well as the revocation of consent for the passing-on of their data or for any other above mentioned use. The rights referred to in the above paragraph may be exercised by each User by means of a written and signed application sent to the following address: BALEÀRIA EUROLINEAS MARITIMAS, S.A., Departament de Màrqueting, Estació Marítima s/n 03700 Dénia (Alacant) or may be sent by e-mail to firstname.lastname@example.org
1.4. BALEÀRIA states that, for access by the user to any part of the contents or services offered in the Website, it may be necessary to have filled out a registration form, or similar, in which the user is asked to enter personal data. It is also possible that BALEÀRIA, in order to improve its services, may add "cookies" through which the user's data is obtained.
1.5. By accepting these conditions, the User hereby consents to the supplying or communication of the data included in the file previously referred to, to BALEÀRIA EUROLINEAS MARITIMAS, S.A. . in order for their personal data to be used for sending offers and publicity messages by any system whatsoever, regarding its products and services. The User is informed that this cession will take place at the moment of gathering the personal data. Regarding the personal data supplied, the User has rights of access, opposition, rectification and cancellation, which can be made effective before the holder of the file or any of the assignees at the following address: Estacio Maritima s/n 03700 Denia (Alacant) in the way previously described in the above section 1.3.
1.6. BALEÀRIA promises, in the use of the data included in the file, to respect its confidential nature and to use it in accordance with the file's aim, as well as to comply with its obligation of keeping it and adopting all the measures to avoid the alteration, loss or unauthorised treatment or access, in accordance with that established in the Regulation of Security measures of automated files containing data of a personal nature, approved by Act of Law 994/1999, dated the 11th of July.
1.7. Regarding the service of collecting and examining CVs, offered on the Website, we inform you that by sending it you are giving your authorisation and express consent to BALEÀRIA for the use of the data it includes or may include in the future for its use with the single and exclusive purpose of considering this data for any personnel selection process and candidatures that may be required. BALEÀRIA guarantees the secret nature and confidentiality of this data, along identical lines as those laid down in this condition, the application being the same as that laid down regarding the uses and aims of the data and the exercising of its owner's rights.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
2.1. All the contents shown on the Website -in particular the designs, texts, artworks, logotypes, icons, buttons, programming, commercial names, brands, illustrations or any other signs susceptible to industrial and commercial use- are subject to intellectual and industrial property rights of BALEÀRIA or of named third parties that have duly authorised their inclusion in the Website.
2.2. Under no circumstances whatsoever will any permission be granted or any renouncement, transmission, total or partial cession of these rights be awarded, nor any right or expectation of right, and especially rights of alteration, exploitation, reproduction, distribution or public communication regarding the contents without the previous expressed authorisation of BALEÀRIA or of the corresponding owners.
3. LIABILITY OF BALEARIA.
3.1. BALEÀRIA will only respond to any damages the User may suffer as a result of the use of the Website when these damages are attributable to an improper act of the company. The User recognises and accepts that the use of the Website, as well as the provision of services that it offers, is made at their own total risk and liability.
3.2. BALEÀRIA is not liable for the damages that may derive from, of a merely stated and unlimited nature: (i) The inference, omission, interruption, computer virus, breakdowns and/or disconnections in the operative functioning of this electronic system or in the User's apparatus and computer equipment, due to reasons beyond the control of BALEÀRIA, which impede or delay the provision of the services or the navigation of the system; (ii) Delays or blocks in use caused by deficiencies or overloading of the Internet or other electronic systems; (iii) That may be caused by third parties by means of illegal intromissions that are beyond the control of the Bookings and which are not attributable to BALEÀRIA; (iv) The divergences of information, documentation and/or other contents of the Website that may exist between the electronic and printed versions; (v) The impossibility of providing the Service or enabling access due to reasons beyond the control of BALEÀRIA, due to the User, to third parties, or for reasons of Force Majeure.
3.3. BALEÀRIA does not control, generally, the use that the Users make of the Website. In particular BALEÀRIA does not give any guarantee whatsoever that the Users use the Website in full accordance with the law, these General Conditions, the generally accepted rules of morals and good behaviour and public order, nor that they do so in a diligent and prudent way.
3.4. This website may contain links to other websites over which BALEÀRIA does not have any control, and for whose content it is not liable. Likewise, BALEÀRIA will not be liable for any technical availability of the websites which users access through its own website. The user assumes full responsibility for any damage that may arise due to access of the above mentioned content, as well as any other damage to his/her computer system caused by any material downloaded or obtained by other means through the use of said services or for any loss of data caused as a result of downloading the above mentioned material.
Similarly, BALEÀRIA will not be held responsible for any damage caused by abuse, by any user, of the rights of other users or third parties. This includes copyrights, trademarks, patents, confidential information or any other intellectual or industrial property rights.
4. OBLIGATIONS OF THE USER
4.1. In general,the Usuariis obliged to comply with these General Conditions of Use, and if appropriate the Particular Conditions that are to be applied, as well as complying with the notifications or special instructions of use contained in these conditions or in the Website, and to always act in accordance with the law, accepted good behaviour and the requirements of good faith, make every possible effort befitting the nature of the service on offer, abstain from using the Website in any way that may impede, damage or deteriorate the normal functioning, the goods or rights of BALEÀRIA, its suppliers, the other Users and any third party in general.
4.2. Specifically, and without implying any restriction on the assumed obligation of the User, in a general manner in accordance with the above section, the User is obliged in their use of the Website, as well as in the provision of services to: (i) In the case of registering, to provide true information and to keep it updated; (ii) Not enter, store or publicise, any information or material that is defamatory, harmful, obscene, threatening, xenophobic, an incitement to violence, discriminating due to race, sex, ideology, religion or in any other way attacks morals, public order, basic rights, public freedoms, honour, privacy or the image of third parties and in general the regulations in force; (iii) Not enter, store or publicise through the Website any computer program, data, virus, code, machinery or communications equipment or any other instrument or electronic or physical device that may cause damage on the Website, in any of the Services, or in any of the equipment, systems or networks of BALEÀRIA, of any User, of the suppliers of BALEÀRIA or in general any third party, or which in any other form may be capable of causing them any kind of alteration or impediment in their normal working order; (iv) to suitably take responsibility for the "Username" and "Password" they provide to BALEÀRIAa s identifying and entry elements in order to gain access to the different services offered on the Website, with the promise of not allowing their use or access to third parties, accepting full responsibility for any damages that may arise from its improper use. The User also promises to inform BALEÀRIA, with the maximum haste, of their loss to or robbery by a third party, as well as any other risk of access to the "Username" and/or the "Password"; (v) Not undertake publicity, promotional or commercial exploitation activities through the Website, not using the contents and in particular the information obtained through the Website to send out publicity, send messages for purposes of direct selling or any other commercial end, nor to collect or store personal data of third parties; (vi) Not to use false identities, nor impersonate others in the use of the Website or in the use of any of the services of the Website, including the use if appropriate of passwords or access codes of third parties or of any other form; (vii) Not destroy, alter, use for their own purposes, render unusable or damage the electronic data, information, programs or documents of BALEÀRIA, its suppliers or third parties; (viii) Not enter, store or publicise through the Website any contents that contain intellectual or industrial property rights or business secrets of third parties, nor in general any contents of which, in compliance with the law, does not possess the right to be placed there and available for the third party.
Communications from BALEÀRIA to the User will be made according to the data provided by the latter on registering with the Website.
The User fully and expressly accepts the communications related to the use of the Website, and/or the contraction of services offered within it and the use of e-mail as a valid procedure for sending these communications.
5. APPLICABLE LEGISLATION. SUBMISSION TO REGIONAL LAW
5.1. These conditions are ruled by Spanish law, and which will be of application in that not mentioned in this contract in matters of interpretation, validity and undertaking.
Section III "Conditions for the provision of services between BALEÀRIA and the users"
1. GENERAL CONTRACTUAL CONDITIONS. INFORMATION PRIOR TO MAKING A CONTRACTUAL AGREEMENT
1.1. These general contractual conditions along with, if appropriate, the particular conditions that may be established, expressly regulate the relations arising between BALEÀRIA EUROLINEAS MARITIMAS, S.A., with company address at Estacio Maritima s/n 03700 Denia (Alacant) and tax number A53293213 (hereby known as BALEÀRIA) and third parties (herby known as "Users") who contract out the provision of services or products offered through the Website.
1.2. These General Conditions have been drawn up in compliance with the Law 34/2002, regarding company services for information and electronic commerce, Law 7/1998 regarding General Contractual Conditions, the Act of Law 1906/1999 that regulates telephone and electronic contractual agreements with general conditions in development of article 5.3 of the Law 7/1998, General Law 26/1984 for the Defence of Consumers and Users, Law 7/1996 on the Organisation of Retail Trade, the Act of Law 14/1999 regulating the Electronic Signature and other legal dispositions of relevance.
1.3. The use and/or provision of any of the services of the Website signify the acceptance as User, without any type of reservation whatsoever, of each and every one of the General Contractual Conditions, of the General Conditions of Use of the Website as well as, if appropriate, the Particular Conditions referring to purchasing.
1.4. BALEÀRIAstates that the procedures to undertake the purchase of goods and/or obtain the services offered are those described in these general conditions, as well as those other specific procedures that are shown on the screen while browsing, in such a way as the User declares knowledge of and acceptance of these procedures as necessary to have access to the products and services offered on the Website.
1.5. All the information provided during the contractual process will be stored by BALEÀRIA EUROLINEAS MARITIMAS, S.A. so that the User will be able to, with prior notice sent by e-mail, request information referring to any operations undertaken by them during the previous 6 months. Any amendment and/or correction of the data provided by the Users during browsing will be made according to the instructions included in the Website.
1.6. Users who contract services through BALEÀRIA's website declare themselves to be legally of age (18 years or older). Authorisation from parents or legal guardians is required for minors who wish to enjoy the contracted service.
2. PASSAGE CONTRACT
The terms and conditions printed here are incorporated into and form part of the passage contract ticket (the "Ticket") between all passengers named hereon (the "Passenger") and Balearia Caribbean Ltd., Corp. (the "Carrier"), and the vessel indicated on the first page here of (the "Vessel"). By accepting the Ticket, the Passenger agrees to the terms contained herein, especially those limiting the time, manner and place in which to assert claims or file suit.
In consideration of the fare indicated on the first page, Carrier agrees by issuing the Ticket to transport the person(s) named on the Ticket ("the Passenger") on the specific Voyage ("the Voyage") on named or substitute vessels subject to the Terms & Conditions set forth herein, and all rules and regulations of Carrier posted in the Terminal, on board the Vessel or otherwise advised by Carrier to Passenger. Passenger agrees to be bound by all its terms, conditions and limitations.
1. Limited Liability of Carrier. Carrier is not liable for death, injury (including mental anguish), illness, damage, delay or other loss to person or property of any kind caused by act of God, war, civil commotions, labor trouble, governmental interference, acts or threatened acts of terrorism, perils of the sea, fire, thefts or other cause beyond Carrier's reasonable control or any other act not shown to be caused by Carrier's negligence. Per U.S. law at 46 U.S. Code Section 30509, Carrier is not liable for emotional distress, mental suffering, or psychological injury unless such is: (A) the result of physical injury to the claimant caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; (B) the result of the claimant having been at actual risk of physical injury, and the risk was caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; or (C) intentionally inflicted by a crewmember or the owner, master, manager, agent, or operator. Carrier shall in no event be liable to the Passenger in respect of occurrences taking place outside the Vessel or Carrier’s premises. CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE "CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA" OF 1974 AS WELL AS THE "PROTOCOL TO THE CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA" OF 1976 ("ATHENS CONVENTION") which limits the liability of Carrier, if any, for loss, damage, death, personal injury or illness to Standard Drawing Rights (SDR) 46,666 as defined therein. If the Athens Convention is held not to apply as a matter of law, Passenger agrees to be bound, as a matter of contract, by the Athens Convention as it has been amended by the Protocol dated March 29, 1990 ("Protocol"). As amended by the Protocol, the Athens Convention limits the liability of Carrier, if any, for loss, damage, death, personal injury or illness to 175,000 units of account per carriage as defined in the Protocol. (A summary of the Athens Convention and Protocol is available for your review upon request to Carrier's offices or its representative at each boarding area.) If the Athens Convention is held not to apply, as a matter of law or of contract, for any reason, then the exemptions and limitations of liability provided in or authorized by the laws of the United States (including Title 46 U.S. Code Sections 30501-30502, 30504-30507 and 30511-30512) may apply, as well as any other applicable nation's laws limiting Carrier's liability.
2. Claims Against Carrier.
TIME LIMITS FOR NOTICE OF CLAIMS FOR INJURY, DEATH OR ILLNESS. ANY ACCIDENT OR INCIDENT THAT RESULTS IN INJURY, ILLNESS OR DEATH TO A PASSENGER MUST BE REPORTED IMMEDIATELY TO A SHIP'S OFFICER. CARRIER IS NOT LIABLE FOR ANY CLAIM FOR LOSS OF LIFE, ILLNESS OR BODILY INJURY UNLESS WRITTEN NOTICE IS GIVEN WITHIN SIX (6) MONTHS FROM THE DAY WHEN THE LOSS OF LIFE, ILLNESS OR INJURY OCCURRED IN RESPECT OF ANY CLAIM WHERE 46 U.S. CODE SECTION 30508 SHALL APPLY.
TIME LIMIT FOR COMMENCING SUITS. SUIT TO RECOVER ANY CLAIM AGAINST CARRIER FOR LOSS OF LIFE, ILLNESS OR BODILY INJURY WHERE 46 U.S. CODE SECTION 30508 SHALL APPLY SHALL BE INSTITUTED, IF AT ALL, WITHIN ONE (1) YEAR FROM THE DATE WHEN THE LOSS OF LIFE OR BODILY INJURY OCCURRED, WITH VALID SERVICE OF PROCESS ON CARRIER WITHIN THIRTY (3) DAYS AFTER THE END OF SUCH ONE-YEAR PERIOD. SUIT TO RECOVER ON ALL OTHER CLAIMS, INCLUDING BREACH OF CONTACT, SHALL BE INSTITUTED WITHIN SIX (6) MONTHS FROM THE PASSENGER'S DISEMBARKATION.
FORUM SELECTION AND TRIAL. REGARDLESS OF THE PLACE OF TICKET SALE OR PASSENGER'S RESIDENCE, ANY DISPUTE OR MATTER, ARISING OUT OF OR RELATING TO YOUR PASSAGE, INCLUDING BUT NOT LIMITED TO SUITS FOR BODILY INJURY OR DEATH, IF FILED, MUST BE BROUGHT AND LITIGATED, IF AT ALL, BEFORE THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO THE EXCLUSION OF ANY OTHER COURT IN ANY OTHER CITY, STATE OR COUNTRY. PASSENGER AGREES NOT TO ASSERT ANY MOTION ALLEGING INCONVENIENT FORUM. ANY DISPUTES SHALL BE TRIED BEFORE A JUDGE WITHOUT A JURY AS AN ADMIRALTY CLAIM PURSUANT TO RULE 9H OF THE FEDERAL RULES OF CIVIL PROCEDURE.
ARBITRATION AND TIME LIMIT FOR NOTICE OF OTHER CLAIMS. ANY AND ALL OTHER DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, EXCEPT FOR PERSONAL INJURY, ILLNESS OR DEATH OF A PASSENGER, BETWEEN PASSENGER AND CARRIER, VESSEL OR TRANSPORT, INCLUDING CLAIMS NOT GOVERNED BY 46 US CODE SECTION 30508 WHETHER BASED ON LOSS OF OR DAMAGE TO BAGGAGE, BREACH OF CONTRACT, MISREPRESENTATION, 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 VOYAGE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, 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 (“THE CONVENTION”) AND THE U.S. FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) SOLELY IN MIAMI, FLORIDA TO THE EXCLUSION OF ANY OTHER FORUM. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL DISPUTE RESOLUTION RULES AND PROCEDURES, WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. ANY QUESTION ABOUT THE ARBITRATION ADMINISTRATORS MENTIONED ABOVE MAY BE DIRECTED TO THEM AS FOLLOWS: AMERICAN ARBITRATION ASSOCIATION, MIAMI REGIONAL OFFICE, 100 SE 2ND STREET, SUITE 2300, MIAMI, FLORIDA 33131 USA, TEL. (305) 358-7777. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL NOR TO ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT PASSENGER 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. PASSENGER AND CARRIER FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF THE PASSENGER 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 THIS SECTION 2 ABOVE GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS SECTION 2.
CARRIER AND VESSEL ARE NOT LIABLE FOR ANY CLAIM FOR LOSS OF OR DAMAGE TO BAGGAGE, VALUABLES OR PERSONAL BELONGINGS, OR ANY OTHER CLAIM, CAUSE OF ACTION, LOSS, DAMAGES, EXPENSES OR OTHER MATTERS ARISING FROM THE CONTRACT OR VOYAGE NOT GOVERNED BY 46 U.S. CODE SECTION 30508, HOWEVER STYLED OR PLEASED, AND PASSENGER MAY NOT MAINTAIN ANY CLAIM AGAINST CARRIER OR VESSEL, NOR WILL CARRIER OR VESSEL BE LIABLE FOR ANY SUCH CLAIM OR CAUSE OF ACTION, UNLESS (I) AS TO CLAIMS FOR DAMAGE OF LOSS TO BAGGAGE, WRITTEN NOTICE GIVING FULL PARTICULARS OF THE CLAIM IS DELIVERED TO CARRIER AT ITS OFFICES ON THE DAY OF DISEMBARKATION, OR WITHIN FIFTEEN (15) DAYS OF DISEMBARKATION IN THE EVENT THE LOSS OR DAMAGE IS NOT APPARENT, AND CARRIER SHALL NOT BE LIABLE FOR LOSS OF OR DAMAGE TO BAGGAGE, VALUABLES OR PERSONAL BELONGINGS UNLESS AT THE TIME THE PASSENGER REPORTS IT, CARRIER IS ALLOWED TO ASCERTAIN THE EXTENT OF THE LOSS OR DAMAGE, OR (II) AS TO ANY AND ALL OTHER SUCH CLAIMS, WRITTEN NOTICE IS DELIVERED TO CARRIER WITHIN THIRTY (30 DAYS FOLLOWING CONCLUSION OF THE VOYAGE, AND PASSENGER COMMENCES ARBITRATION IN THE MANNER DESCRIBED IN THIS SECTION 2 WITHIN SIX (6) MONTHS FOLLOWING CONCLUSION OF THE VOYAGE, AND VALID NOTICE OF SUCH ARBITRATION IS SERVED ON CARRIER WITHIN THIRTY (30) DAYS FOLLOWING SUCH SIX-MONTH PERIOD..
ADDRESS FOR ALL NOTICES. WRITTEN NOTICE AS REQUIRED HEREIN SHALL BE GIVEN TO CARRIER AT BALEARIA CARIBBEAN LTD. TERMINAL 1, PORT EVERGLADES, FORT LAUDERDALE, FLORIDA 33316 USA.
APPLICABLE LAW. THIS TICKET CONTRACT SHALL BE INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE NATION OF THE VESSEL'S REGISTRY, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES THEREOF, SUBJECT TO GENERAL MARITIME LAWS OF THE UNITED STATES.
LIMITATIONS, IN REM ACTIONS. Failure to notify Carrier or make a claim or file suit as provided in this contract shall bar all suits, actions and claims no matter by whom instituted or made. These limitations shall be applicable although Carrier may be a non-resident or foreign corporation, and even though the Vessel may be registered under a foreign flag. These limitations shall be applicable both to suits brought in person against Carrier or in rem against the Vessel. IN THE EVENT OF AN IN REM PROCEEDING AGAINST THE VESSEL OR ANY SUBSTITUTE VESSEL, PASSENGER 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.
CLAIMS BY LEGAL REPRESENTATIVES. In the case of a claim by or on behalf of a minor or legally incompetent person, or in the case of a wrongful death claim, the time periods described above shall begin to run on the earlier of: (i) date of appointment of a legal representative for the minor or legally incompetent person, or the decedent’s estate (as the case may be); or (ii) three (3) years after the day of death or injury, as applicable.
CLASS ACTION RELIEF WAIVER. PASSENGER HEREBY AGREES THAT EXCEPT AS PROVIDED IN THE LAST SENTENCE OF THIS PARAGRAPH, PASSENGER MAY BRING CLAIMS AGAINST CARRIER ONLY IN PASSENGER'S INDIVIDUAL CAPACITY. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, PASSENGER AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST OWNER, VESSEL OR TRANSPORT WHATSOEVER SHALL BE LITIGATED BY PASSENGER 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 THIS SECTION 2 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 2 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.
3. Nonperformance or Delay. Carrier may elect not to sail or to return to port at any time without liability. The ticket price shall be fully earned once the passenger embarks at the pier. Passengers shall be entitled to free passage on a later sailing in the event the Vessel does not arrive at their destination port, but the full fare shall be earned upon departure from the embarkation port regardless of diversion, delay or cancellation. Carrier's maximum liability upon voyage cancellation by Carrier shall be refund of the fare paid.
4. Documents, Health, Conduct and Search. (A) Passenger represents and warrants that Passenger has all valid and necessary travel documents, is fit to travel, and that Passenger's conduct will not impair the safety of the Vessel or Passenger or inconvenience other passengers. Passenger acknowledges that a sea voyage involves certain risks, including possible motion sickness and delay/impossibility of emergency medical evacuation. Carrier must be advised in respect to all persons with severe disabilities who seek to be Passengers. Such persons acknowledge that applicable safety requirements may cause difficulty for severely impaired persons. Subject to applicable law, Carrier or the Master may, in their sole discretion, refuse boarding to persons whose conditions may cause undue risk to themselves, other persons or the Vessel. Advanced pregnancy beyond twenty-fourth (24th) week shall be regarded as physical disability and prior to boarding, expectant mothers or a traveling companion must upon request advise Carrier of their condition and provide a medical certificate establishing fitness to travel. Carrier, at its discretion and at any time, may refuse to transport or may land any Passenger at any port or place, or transfer the Passenger to other means of transportation, because of Passenger’s health or physical condition, because of lack of proper documents, or conduct or circumstances inconveniencing other passengers, crew or the Vessel. (B) Every adult Passenger traveling with any minor passenger (under 18) shall be responsible for the conduct of the minor and deemed to be guardian of such minor for legal purposes and liable to Carrier for any act or omission of the minor. (C) Unaccompanied minors must be identified to Carrier at the time of booking and expressly accepted by Carrier and in any event are subject to all terms contained in this Ticket which shall apply between the parent or guardian of the minor, and Carrier, and Carrier may charge an extra fare for same. (D) Passenger agrees to abide by all Carrier's posted rules and regulations and all orders and directions of the Vessel's officers, or government or port officials. (E) Passenger agrees and hereby consents to removal or destruction of any object which may, in the opinion of Carrier, impair safety, constitute a violation of law, or inconvenience other passengers, crew or the Vessel. (F) Reasonable expenses of any kind, including fines, duties or other charges, attributable to Passenger's failure to comply with Carrier regulations or any governmental authority shall be paid to Carrier by Passenger upon demand. (G) Carrier shall have no obligation or liability of any kind to Passenger in respect to any action taken by Carrier in good faith under this contract, or for acts of authorities. (H) All Passengers shall have and present upon request, proof of citizenship status and required visas upon boarding and at all times thereafter. (I) Passengers may not consume alcoholic beverages brought on board by Passenger, and Carrier and/or concessionaires may refuse alcoholic beverage service to any Passenger in their discretion.
5. Notices and Payment to Agents. Where Passenger books the trip through a travel agent or other intermediary (the "Agent"), Passenger agrees the Agent is the agent of Passenger, and not Carrier, and Carrier may give all notices to Agent. This Ticket shall not be considered prepaid unless the payment tendered by Passenger has been received and cleared by Carrier. Passenger remains liable for payment of the passage fare to Carrier, and notwithstanding Passenger's payment to Agent, Carrier may refuse passage.
6. Fare; Items Not included; Refunds. Fare includes passage only, excluding any meals, beverages (alcoholic or non-alcoholic), medical or evacuation expenses, independent contractor or concessionaire goods or services, shore excursions or transportation, gratuities, fees, charges or tax. Any credit card used for payment must be presented and valid at check-in. Carrier may refuse passage to any Passenger not fully paid prior to departure. Passengers with pre-paid tickets may obtain a refund, less a charge of: ten percent (10%) upon cancellation seven (7) days prior to scheduled departure, or twenty percent (20%) upon cancellation within (48) forty-eight hours of scheduled departure, but no refund is allowed except in discretion of Carrier for cancellation less than two (2) hours before scheduled departure or upon Carrier's refusal to board Passenger for lack of documentation or any other reason set forth herein. Carrier may collect a surcharge in addition to the fare to reflect increases in port taxes, wharfage, service charges, taxes, user fees or other impositions paid by Carrier. No refunds allowed for special offers.
7. Independent Contractors, Occurrences Not Aboard the Vessel, Tours, Etc. Carrier shall have no obligation or liability of any kind to Passenger for acts or omissions in connection with or arising from products or services provided by independent contractors or concessionaires. Independent contractors' products or services include: (A) services or products available for Passenger's convenience on board the Vessel or furnished by any medical staff, barber, hairdresser, manicurist, photographer, entertainer, casino, instructor, shopkeeper or other concessionaire; and (B) services, products or transportation elsewhere than aboard the Vessel which are furnished in connection with use of terminals, tours, package vacations, excursions, shore trips, hotels, tender service, transshipment, transportation by others, whether by vessel or by air, rail, or land, or the physical condition, safety, health conditions, or political circumstances of the ports of call and including criminal acts and acts of terrorism wherever occurring. If Carrier arranges any activity, carriage, accommodations or tour off the vessel, Carrier acts solely as agent for Passenger. Any medical care is engaged directly by Passenger, and performed at Passenger’s instructions and risk.
8. General Requirements for Baggage. (A) Two pieces of hand luggage is permitted for use during the passage/cruise free of charges. The passengers must be able to carry their own luggage in one trip to the vessel. (B)Carrier reserves the right to charge for pieces in excess of two and for baggage weighing more than 26.5 lb regardless of the number of pieces. Luggage may contain only personal effects of the passenger. (C) Passengers must comply with any applicable laws, regulations, tariffs, terms or conditions of the port or any third party service provider. Passengers may not take on board firearms, weapons, controlled or prohibited substances, or inflammable or hazardous items, or any contraband prohibited by local, state or national law or noxious or offensive items or apparel, and Passengers shall indemnify Carrier for any damage or costs caused thereby. (D) Vessel's officers and crew have the right to enter and search cabins, baggage or vehicles for any hazardous, controlled or prohibited substances. Carrier is not responsible for delay, detention, confiscation, damage or destruction of baggage or possessions by authorities, or for theft or loss of goods. (E) Except for guide dogs for sight-impaired Passengers with required documentation in approved travel carriers, animals shall not be brought aboard the Vessel. (F) All baggage must be securely packed and distinctly labeled with Passenger's full name and address. Baggage not claimed upon arrival of the Vessel will be stored at Passenger's risk and expense, and shall be deemed abandoned if not claimed in ten (10) days. (G) PASSENGER AGREES THAT CARRIER'S LIABILITY FOR LOSS OR DAMAGE TO BAGGAGE, VALUABLES OR PERSONAL PROPERTY, INCLUDING VEHICLE, IS LIMITED UNDER ALL CIRCUMSTANCES TO TWO HUNDRED FIFTY DOLLARS (US$250) PER PASSENGER. (H) Carrier shall not be liable for any loss of or damage to money, jewelry, cameras, electronics, documents or any other personal property which Passenger retains in Passenger's personal control. Valuables and other goods may be carried but are solely at the risk of Passenger. We do not accept to carry as baggage or assume any liability for any loss of or damage to or delay of trade goods, household goods or furniture, perishable items, medicine, liquor, cash, credit or debit cards, jewelry, gems, gold, silver, precious metals, art, collectibles or similar valuables, securities, financial instruments, records or other valuable or business documents, computers, cellular telephones, cameras, hearing aids, electric wheelchairs, scooters, or other video or electronic equipment, binoculars, film, videotape, computer disks, audio disks, tapes, DVDs or CDs, or other articles specified in 46 U.S. Code Section 181. Carrier shall have no obligation in respect to the loss or damage to such property. These limitations may only be waived by Carrier in writing addressed to Passenger in exchange for an additional fee for coverage up to US$500. In the absence of such fee arrangement, Passenger agrees to a US$100 limit any claim for loss. Carrier and Vessel are not responsible for safekeeping unless articles are accepted for storage and a receipt is signed by an officer of the Vessel. Passengers are advised of availability of travel insurance to cover cancellation or disruption of the voyage and protection of valuables.
9. Acts of God, Strikes or Other Conditions Beyond Control. Carrier shall not be liable for delay or inability to perform, or other claim caused by or arising out of strike, lockout or labor difficulties whether or not Carrier is party thereto, or caused by or arising out of explosion, fire, collision, stranding or loss of the Vessel, or breakdown or damage to the Vessel or her machinery howsoever and wheresoever any of the same may arise or be caused, or civil commotion, riot, insurrection, war, acts or threatened acts of terrorism, government orders, requisition of the Vessel, inability to secure or failure of supplies including fuel, act of God, adverse weather, storm, ice or other circumstances beyond Carrier's control. In no event shall Carrier be responsible for consequential or punitive damages, lost profits or revenues.
10. Additional Passenger Obligations. Passengers are obligated to comply with all applicable laws and regulations. Immigration, health and other laws, both in the countries of embarkation or disembarkation, may require that Passenger obtain a certain visa, hold a passport or other travel and health documents, be inoculated, obtain parental consent or otherwise obtain documentation prior to entering or returning to a country. It is Passenger’s responsibility to take all steps as may be required to comply with these laws. All persons under 21 years of age must be accompanied and supervised by a parent or guardian of at least 25 years of age. Persons under 21 years of age are not permitted to consume alcoholic beverages; parents and guardians are obligated to insure compliance with this requirement. Passenger will be required to reimburse Carrier for all expenses Carrier incurs as a result of the need to provide Passenger with evacuation, emergency or medical services, as a result of any misrepresentation made by Passenger, as a result of detention by immigration, health or port authorities, or as a result of any personal injury or damage caused by Passenger’s acts or omissions or the acts or omissions of any minor (under age 21) traveling with Passenger. Carrier will have a lien for such expenses on Passenger’s baggage. If due to weather or other unforeseen reasons, flights are adversely impacted or Passengers are otherwise required to spend an additional night in a location, hotel and meal costs are Passenger’s responsibility.
11. Change or Substitution. Carrier may substitute another vessel for the Vessel whether or not operated by the same Carrier. The Vessel, or any substitute vessel may call at ports other than those scheduled, in any order, or omit or change ports or advance or delay the date and hour of embarkation or debarkation without obligation or liability of any kind to Passenger. The United States and certain other countries may impose fines or penalties if a passenger disembarks at a port other than final destination. If passenger elects to disembark at a port other than final destination for any reason, other than as required by Carrier, passenger agrees to reimburse for any fine or penalty imposed by government authorities.
12. Images and Photographs. Carrier and its agents or employees may take photographs or video or audio recordings during the Voyage. Passenger authorizes Carrier to make reasonable use of such images and recordings for commercial and advertising purposes. Passengers may not sell or make any commercial use of photographs, recordings or images of the Vessel or Carrier’s logo without prior written consent.
13. Wireless and Communications Services. If Carrier offers any wireless communications or internet connections it is for convenience of passengers only. Regardless of whether Carrier charges any fee, Carrier does not guarantee the availability of service at any time or guarantee security or integrity of any such services or systems, and is not responsible for any breach of personal or data privacy while using such services aboard or near the Vessel, and Carrier and any service provider are not liable for any damage or loss arising from such breach or any delay or unavailability of service. All passengers agree that Carrier and any third party providing such services has the right, but not the obligation to monitor, record, intercept and disclose any transmissions over or using services, and to provide billing, account, or use records, and related information relating to all services as it deems appropriate in its sole discretion (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect Carrier's or service provider’s rights, passengers or property).
14. Passage Contract Constitutes Entire Agreement. All prior understanding and agreements heretofore entered into between Passenger and Carrier, whether written or oral, and including material published by Carrier or others are superseded by and merged in this Ticket Contract, which alone completely expresses the agreement between Passenger and Carrier. This contract is deemed to be created on the date the booking is made by or on behalf of the Passenger but in all events not later than the date this Ticket is issued by Carrier. This Ticket is valid only for the date shown, and is non-transferable. No person other than a Director of Carrier may waive or amend any provision of this Ticket Contract, and no waiver or amendment shall be effective unless in writing and signed by Carrier. Carrier’s delay or failure to assert any right hereunder as to any situation shall not be deemed a waiver of such right as to any other situation or at any later time. Any provision of this Contract which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and the validity and enforceability of the remaining terms and conditions of this Contract will not otherwise be affected, nor will the validity and enforceability of such provisions be affected in any other jurisdiction.
15. Extension of Benefits of Ticket. All affiliates of Carrier employees, agents, subcontractors, concessionaires and insurers of Carrier shall have the benefit of the same rights, defenses, immunities and limitations available to Carrier set forth in this Ticket.
3. SERVICES OFFERED. ACCESS TO SERVICES.
3.1. The services offered -publication of information and online ticket sale- on the Website are ruled by that established in these General Conditions and, especially, that covered by the Particular Conditions set for each of these services.
3.2. In order to accede to the provision of any of the services offered through the Website, the User may choose a Username and Password. The Username and Password supplied by BALEÀRIA to the User are for identification purposes and acceding to the services and are of an individual and non-transferable nature. With sufficient advance notice BALEÀRIA can make modifications in the Username and/or Password, in which case the previous usernames and password are no longer valid.
3.3. All the technical means and requirements needed to accede to the Website and to the services offered are entirely at the User's expense, as are any expenses or taxes that may arise from the provision of these services.
3.4. Once the User has entered, in order to proceed to use the different services, they must follow all the instructions appearing on the screen, using to these effects the Particular Conditions and other forms set for each service, which will involve reading and accepting all the general conditions set in the General Conditions of Use of the Website, in these General Contractual Conditions, as well as, if appropriate, the Particular Conditions applicable.
4. APPLICABLE LEGISLATION. SUBMISSION TO REGIONAL LAW.
4.1. This contract is ruled by Spanish law, and which will be of application in that not mentioned in this contract in matters of interpretation, validity and undertaking.