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*Fare is defined
as the cost of any cruise, land or air element purchased from the company.
Voluntary or
involuntary termination by the passenger of a cruise in progress will
result in no refund. Cruise contracts are nontransferable. Name changes
and departure date changes are considered reservation cancellations and
are subject to the above cancellation fees.
CHANGE CHARGES
Changing your itinerary after reservations have been made may have
disadvantages. To cover administrative costs, a charge of $50 per person
will be made each time you request a change in your travel arrangements
between 59 and 30 days prior to sailing. The passenger is responsible for
costs incurred as a result of such changes. In addition, no refund will be
made for unused or partially used portions of the air/land/cruise package.
Once airline tickets are issued, any changes resulting in additional costs
are at the passenger's expense. Any cancellation penalties imposed by the
carrier will be deducted from your refund. Airline tickets cannot be
changed on board ship. Change charges are not assessed for cabin upgrades
or for the addition of services, unless air reservations are altered
and/or travel documents must be reissued.
AIR
TRANSPORTATION
The company does not operate, control or supervise any airlines and will
not be responsible for carriers failing to meet schedules whether or not
air tickets were issued by the company. Air transportation is based on
scheduled or the occasional charter service and is subject to availability
and change without notice. Air add-ons are also subject to change without
notice. The company reserves the right to select the airline and routing
from each city, which may not in some cases be the most direct. In the
event the company's air arrangements necessitate an overnight stay, we
will only be responsible for hotel room accommodations and transfers. Air
upgrades do not apply to all flight segments; inquire at time of booking.
Specific air routings will be determined approximately 30 days prior to
sailing. Passengers traveling with passengers from other gateways may not
be routed on the same flights. If an airline ticket issued in conjunction
with the company's air program is lost, the passenger is responsible for
the cost of replacement. Airline tickets are refundable via Discovery
World Cruises. The company will determine the amount of any refund due,
but such refunds may take up to 6 months to process. Flight delays do
occur occasionally and both we and our suppliers will do our best to
ensure your comfort in these circumstances. In some countries, local
airport taxes cannot be included as part of your air ticket and must be
paid locally by the passenger on departure. You must check in at airports
at least 3 hours before your flight is due to take off. If you do not
check in on time, the airline may not allow you to board the flight. We
cannot accept responsibility if such situations arise and, whilst we will
do our best to arrange alternative transport, any resulting costs will be
your responsibility.
INDEPENDENT AIR
ARRANGEMENTS
The company will have no responsibility, financial or otherwise, in regard
to air travel arrangements made by others including those related to the
use of frequent flyer, 119-90 days $100 89-60 days $500 59-30 days 25% of
the fare* 29-15 days 50% of the fare* 14 days or less, or no-show 100% of
the fare* non-refundable and other restricted travel tickets. This
exclusion of liability by the company includes the consequences to
independently arranged air travel that may result from last-minute changes
in the embarkation and debarkation ports, cancellation of tours, and
delays in arrival at the departure airport (see the Passage Contract for
more details of these exclusions from liability). No airport transfers can
be provided for passengers using independently arranged air travel. The
travel insurance policy should be checked in regard to its coverage of
such independent air arrangements.
BAGGAGE POLICY
A reasonable amount of clothing and personal effects may be taken on board
the ship without charge. For your own comfort and convenience, we
recommend no more than two suitcases per passenger. However, the airlines
may charge additional fees based on the size, weight, or number of pieces
of baggage carried aboard their aircraft. Some carriers only allow 44
pounds per person. Porterage is included at the pier on embarkation and
disembarkation. Please ensure your luggage is labeled with your name and
cabin number, as your bags will be taken directly to your cabin. Hand or
unlocked baggage, travel documents, breakables, medicines, and valuables
should be carried personally. The company strongly recommends baggage
insurance. The liability of the company for lost or damaged baggage
commences only when the baggage arrives alongside the vessel and is
strictly limited as provided in the Passage Contract.
SHORE EXCURSIONS
At this time the exact content and cost of the shore excursion program
have not been finalized. Details will be sent to you before departure.
Shore excursions can be reserved on board.
HOTELS,
EXCURSIONS AND LAND TOURS
The land packages contained in this brochure can only be purchased in
conjunction with Discovery World Cruises. The company reserves the right
to assign your hotel based on pre-reserved space at hotels listed in the
brochure. Hotels are determined by the cabin category purchased.
Passengers booked in cabin categories G - O will be accommodated in first
class hotels: passengers in categories A - F in deluxe or superior first
class hotels. You can upgrade at supplementary cost, details on page 45.
Special upgrade promotions are limited to shipboard accommodations only.
Certain land packages and excursions will not operate without a minimum
participation, and others may have a maximum capacity. The sequence of
escorted land tours may vary from the brochure. If, for any reason, a
hotel, sightseeing or entertainment feature is canceled or otherwise
unavailable, the company reserves the right to cancel, make substitutions
or omissions and is under no obligation except that in the event of
cancellation you will receive a full refund of any payments received for
that service.
RESPONSIBILITY
The responsibility of the company, operators of the MV Discovery, and of
independent contractors, is strictly limited according to the terms and
conditions set forth in the Passage Contract that you will receive prior
to embarkation. Passengers are urged to read the Passage Contract
carefully. A sample is available upon request and can be inspected at the
company's office at any time. Transportation aboard ship is provided
solely by the ship operator and pursuant to the Passage Contract. The
company reserves the right to decline to accept or retain any person as a
passenger for any reason. The company is not to be held responsible for
any act, event or omission during the time passengers are not aboard the
MV Discovery. The company acts only as agent for the supplier of the other
off-ship services such as airlines and other off-ship transportation
carriers, shore excursions, meals, accommodations, air ambulance and
shoreside physicians featured in this brochure. Passengers agree not to
hold the company, its owners, agents or representatives liable for any
loss, injury, expense or damage which results directly or indirectly from
any act or omission, whether negligent or otherwise, of any third party
person or firm which is to, or does, provide goods or services in
connection with the trip or any available option. Without limiting the
foregoing, the company shall have no liability to the passengers for the
quality of services at, and the condition, cleanliness or safety of, a
hotel, housing facility or conveyance, or for any transportation delay,
including but not limited to liability for inconvenience, shortened
vacation time, additional expenses, or any other kind of damage. The
company expressly disclaims all responsibility of any nature whatsoever
for any loss, damage or injury to property or person resulting from air,
rail or motorcoach transportation.
ITINERARY
CHANGES AND CANCELLATIONS
The company reserves the right to cancel, advance or postpone any cruise
at any time prior to the scheduled sailing date and is under no
obligation, except in the event of cancellation when you will receive a
full refund of any payments received. In addition, situations may arise
which, in the opinion of the company, make it necessary to change
itineraries or make substitutions or omissions, involving hotels, ports of
call, restaurants, other travel components, vessels or other modes of
transportation, whether before or after the sailing of the vessel, without
previous notice to the passenger. If this should occur, the company does
not assume responsibility or liability for any losses, inconvenience or
expenses incurred by passengers as a result, except as detailed in the
Passage Contract. The company is not required to make refunds once travel
commences regardless of the reason for a passenger being unable to
complete their travel.
SHIP'S REGISTRY
The MV Discovery is registered in Bermuda .
IMPORTANT NOTICE
The information
as presented is subject to change without notice. If
cost factors dictate the need for fare increases, the company may do so
prior to departure and without notice. Fully paid or deposited passengers
will be protected at the published fares.
TRAVEL INSURANCE
We strongly encourage all passengers to purchase travel insurance.
TravelQuest International will offer an
attractively-priced policy, which is automatically issued to you and
included in your bill unless you decline coverage at time of booking.
Passenger Ticket
– Terms and Conditions of Carriage
This Contract of
Carriage includes the terms set forth on these pages which are legally
binding on you. Please read all sections carefully as they affect your
legal rights, particularly Article 10, Limitations on Legal Liability,
International Conventions and Venue which limit the Company's liability
for your death, illness or injury, as well as limitations concerning
damage claims relating to baggage and personal property, requiring that
notice be given and suit commenced within a specified time when the claim
arose, limiting your right to sue, and specifying that any actions for
damages are to brought in Bermuda, the country of the Vessel's
registration. Passengers are urged to read this Contract of Carriage
INCLUDING ARTICLE 10 because by accepting the Passenger Ticket and
departing for your cruise_tour, the terms and conditions herein shall
apply and the Passenger will have agreed to be bound by all of the terms
and conditions which follow including, specifically, those regarding your
limited rights to sue, choice of governing law, forum and jurisdiction.
For Valuable
Consideration , Discovery Cruises Limited , doing business in the United
States as Discovery World Cruises , herein referred to as the “Company,”
agrees to provide the ocean transportation (“cruise”) and, in certain
cases, to itself arrange other travel and tour services to be provided by
third parties (when such non-ocean carriage is purchased from the Company
the combination of “tour” portion with the ocean carriage is referred to
herein as a ‘cruise-tour'), subject to all of the terms of this Contract
of Carriage as set forth on the passenger ticket and printed below. In
some cases your travel arrangements including air, pre- and post-cruise
tours, local transfers and other services may be provided by travel
organizations other than the Company (such third party arranged travel
arrangements are referred to here as a “Travel Package”), in which case
the Company shall only have responsibility for and will only incur
obligations to you in respect to the cruise, which is only from the time
you embark the vessel until you disembark at the end of the ocean voyage,
and the tour operator or other Travel Package provider, and their third
party suppliers shall be responsible for the non-cruise portion of your
Travel Package, and further, the cancellation and refund provisions
provided herein in respect to cruises and cruise-tours purchased directly
from the Company shall not apply in respect to such Travel Packages
provided and sold by others, including the cruise portions of such Travel
Packages. The expression “Passenger” shall be deemed to include the
purchaser of the cruise_tour and all of those persons, including children
for whom said purchaser is arranging travel.
Art. 1 Booking
is Non-transferable
The cruise-tour
booking is non-transferable and is valid only for the Passenger or
Passengers for whom it is made and for whom the tickets are to be issued,
for the date and for the vessel indicated (or any substitute vessel the
Company may designate), and cannot be transferred to any other person or
persons.
Art. 2 Entire
Contract
All prior
understandings and agreements entered into prior to the booking of the
cruise including prior to the issuance of the Contract of Carriage in the
name of the Passenger or Passengers, whether oral or written, are
superseded by and merged into the Contract of Carriage which alone fully
and completely expresses the agreement between the Passengers and the
Company in every possible contingency. Nothing contained in any Travel
Packages, the offers for sale of Travel Packages, or in communications
with Travel Package providers shall vary the terms and conditions of the
Contract of Carriage.
Art. 3 No
Amendment and Separability of Contract Terms
No amendments of
the Contract of Carriage (including the booking terms and conditions of
this Invoice) shall be valid unless made in writing and signed by a
Director of the Company. The terms of the Contract of Carriage shall be
severable and the invalidity of any one or more provisions shall not
impair the validity of any other provision, or of the Contract of Carriage
as a whole.
Art. 4
Cancellation of Passage Contract
The Company
reserves the right to cancel, advance or postpone any cruise at any time
prior to the scheduled sailing date and is under no obligation except in
the event of cancellation you will receive a full refund of any payments
received. In addition, situations may arise which, in the opinion of the
Company, make it necessary to change itineraries or make substitutions or
omissions, involving hotels, ports of call, restaurants, other travel
components, vessels or other modes of transportation, whether before or
after the sailing of the vessel, without previous notice to the
Passengers. If this should occur the Company does not assume
responsibility or liability for any losses, inconvenience or expenses
incurred by Passengers as a result, except as detailed in the Contract of
Carriage. The Company is not required to make refunds once travel
commences regardless of the reason the Passenger is unable to complete
their travel.
If the Passenger
wishes to cancel the booking made directly with the Company, the refund,
and the amount thereof, if any, to which the Passenger may be entitled
will be based on when the required written notice of cancellation is
received by the Company, the number of days before the scheduled sailing
date that the notice is received, and the cancellation terms as set forth
in the brochure or other published materials from which the cruise booking
was made as shown on the Company's records. Cancellation charges will
apply regardless of the reason the Passenger cancels the cruise booking
including medical reasons. Separate insurance or cancellation charge
waiver provisions may be available for purchase by Passengers through
their travel agent or from the Company, and Passengers should avail
themselves of such insurance or waivers as they may elect.
There will be no
refund in the case of a voluntary or involuntary termination by the
Passenger of a cruise-tour in progress. Changes in the identity of any
Passenger and changes in the departure dates are considered reservation
cancellations and are subject to the foregoing cancellation fees.
Cancellation by purchasers or termination of travel by such purchasers
during the travel and in respect to the other services purchased as a
Travel Package, including the cruise portions, shall be subject to the
cancellation fees, terms and conditions of the providers of such Travel
Packages to the exclusion of the cancellation and termination provisions
of the Contract of Carriage, and the Company shall have no obligation in
that regard to the Travel Package purchasers.
Art. 5 Alteration
of Contract, Modification of Cruise, Non-use by Passenger
(a) The Company
is unable to guarantee that the Ship will call at every advertised port or
follow every part of the advertised route. The Company reserves to itself
and/or the Master of the vessel the absolute right to decide whether to
omit any port, whether to call at additional or alternative ports, whether
to advance or delay the scheduled date and time of sailing or
disembarkation, and whether to deviate from the advertised route. The
Company also reserves the right to substitute any other ship for the
scheduled vessel. Provided such decision is reasonably taken the Company
shall be under no obligation or liability to any Passenger, save as set
out herein at subpart (f), (g) or (h) below.
(b) The Company
has the right to charge the cruise tour fare in force on the date of
sailing. Where such fare is more than that shown on the invoice or the
ticket, when issued, the difference must be paid before the Passenger
embarks. For the purpose of the Contract of Carriage, the word ‘fare'
shall include any surcharge imposed by the Company prior to the date of
sailing.
(c) The Company
and/or the Master of the vessel may at any time, if they in their absolute
discretion consider it necessary to do so, transfer the Passenger from one
cabin accommodation to another, adjusting the fare accordingly.
(d) A Passenger
shall not have the exclusive occupancy of a cabin with two or more berths
unless he or she has paid the full supplement for exclusive occupation.
(e) If the
scheduled date or hour of sailing is delayed and accommodations are not
available on board the vessel, the Company may arrange at no additional
expense to the Passenger hotel accommodations for the Passenger for the
duration of the delay.
(f) If the
scheduled port of embarkation is changed, the Company will arrange at no
additional expense to the Passenger substitute means of transportation (by
sea, air or land, to be determined by the Company) from the original port
of embarkation to the rescheduled port of embarkation, or if substitute
transportation is not available, the Company will refund to the Passenger
the amount it received for the cruise portion of the cruise tour, and the
Company will have no further or additional obligation to the Passenger for
such rescheduling.
(g) If the
scheduled port of debarkation is changed, the Company will arrange at no
additional expense to the Passenger substitute means of transportation (by
sea, air or land, to be determined by the Company) to the port of
debarkation from the nearest port at which the vessel calls, without there
arising any right of refund, and without further liability or obligation
of the Company from the time the Passenger leaves the Company's vessel.
(h) If any
scheduled port call at an intermediate port or ports is omitted, or if for
any other reason the scheduled duration of the cruise is shortened, the
Company's sole liability, if any, in respect to such change shall be to
make a prorated refund to the Passenger of the cruise portion of the
cruise-tour fare received by the Company based on the number of whole days
the cruise is reduced, provided that the scheduled duration of the cruise
has been shortened by more than twenty four hours.
(i) If for any
reason the duration of the cruise is lengthened, the Company shall have no
liability in respect thereof to the Passenger for the extended period, and
the Passenger shall not be entitled to any compensation for the delay.
(j) The Master
shall have the full authority to cause the vessel to proceed without
pilots, to tow and be towed, and to assist other vessels in all
circumstances, to deviate from the ordinary route in any direction, to any
distance and for any purpose, to delay or terminate the voyage, or to put
back or to put in to any port, and to transfer the Passenger and the
Passenger's baggage to any other vessel whether belonging to the Company
or not, whether or not bound for the cruise's port of destination, and
even though delay may result.
(k) If any
component of your cruise tour purchased from the Company, other than the
vessel, is changed or substituted, as for instance the hotel where you
were scheduled to stay is changed, the Company will use reasonable efforts
to obtain a substitute for that component of the cruise tour which is
substantially equivalent to that originally scheduled, but the Company
shall have no liability to the Passenger in connection with such
substitution or change.
(l) If the
Passenger has arranged his or her own air travel to or from a cruise
departure or cruise tour and the schedule of the cruise tour operation and
vessel departure or arrival is changed, the Company shall have no
obligation to the Passenger in respect to any costs of changing the air
travel arrangements, cancellation and rebooking of flight reservations,
loss of return travel on round trip air travel, unavailability of air
travel on the rescheduled dates, and all similar costs, expenses and
inconvenience suffered by the Passenger in changing air travel
arrangements booked by the Passenger.
(m) If for any
reason, whether or not due to causes beyond the Passenger's control the
cruise tour booked by the Passenger with the Company and covered by the
Passage Ticket is not used by the Passenger on the date and for the vessel
as indicated, or if the Passenger joins the cruise in progress, or departs
prior to the scheduled debarkation, or prior to end of the tour portion of
a cruise tour package, so that only part of the specified cruise and
related tour are used, there shall be no right to any refund on the part
of the Passenger, and the Company shall have no liability or obligation to
the Passenger to provide accommodations or tour services at a later time.
Art. 6 Extras and
Additional Charges
(a) All accounts
for services and goods provided while on board the vessel or while ashore
which are not included in the fare charged must be settled in cash, or by
travelers check or credit card in U.S. dollars (unless otherwise
specified) at the prevailing exchange rates before the Passenger
disembarks. A list of the currently accepted credit cards is available
upon request. Personal checks are not accepted on board for any payment.
(b) The doctor(s)
and nurses on board charge Passengers for their services. A charge will
also be made for drugs and any other medical requisites. In addition, any
expense, howsoever arising, not covered by the fare, which is reasonably
incurred by the Company on board or at any port for or on behalf of the
Passenger for but not limited to hospitalization; medical, surgical,
dental or similar treatment; hotel; diversion of the vessel; local and air
transportation; medical evacuation and repatriation expenses shall be
payable by the Passenger prior to departure from the vessel. Where such
costs have not yet been incurred, or if the charges for such services are
not known at the time the Passenger leaves the vessel, the Passenger shall
be obligated to reimburse the Company for all such expenses upon demand.
Notwithstanding the foregoing, the Company assumes no obligation, and
shall have no liability to the Passenger to provide or pay for any medical
treatment, on board or ashore, or to provide medical evacuation or
repatriation and the Passenger warrants that he or she is financially able
to pay for such services, if needed, or has acquired travel medical and
evacuation insurance for this purpose.
(c) Taxes, fees
and charges imposed by governmental or quasi-governmental authority are
extra and in addition to the cruise fare and must be paid by the Passenger
prior to embarkation, including any increase or additional taxes, fees or
charges imposed by such authorities.
(d) Without
prejudice to any other lien the Company may have on the Passenger's goods
by operation of law, the Passenger agrees that the Company shall be
entitled to prevent any luggage or goods belonging to the Passenger or
traveling with the Passenger from leaving the vessel until all money owed
the Company by the Passenger shall have been paid.
(e) The Company
may for any reasonable cause impose charges in addition to the fare quoted
at any time prior to the date of sailing to be paid by the Passenger prior
to embarkation. In addition, any expense, howsoever arising, not covered
by the passage fare, which is reasonably incurred by the Company on board
the vessel or in any port for or on behalf of the Passenger, including but
not limited to medical expenses as set forth above, shall be payable by
the Passenger and may, at the Company's option, be presented and shall be
paid before the Passenger disembarks.
Art 7 Documents,
Health, Conduct and Search
(a) The
Passenger shall comply with any government travel requirements, shall
possess and shall present entry, exit and other necessary documents, and
shall arrive on board the vessel by the time fixed by the Company or, if
no time is fixed by the Company, then early enough to complete departure
procedures.
(b) It may be
necessary for security reasons for servants or agents of the Company to
search the Passenger's person and the Passenger's personal property
including baggage and goods traveling with the Passenger. The Passenger
agrees to allow such searches upon being requested to do so by the
authorized servants and agents of the Company. The Passenger further
agrees to the removal, confiscation or destruction of any object which may
in the opinion of the Company impair the safety of the vessel, her crew or
any Passenger, or which may cause inconvenience to any Passenger.
(c) The
Passenger represents and warrants that the Passenger is and will be fit to
travel and the Passenger's conduct will not impair the safety of the
vessel or inconvenience the other Passengers. If it appears to the Company
or the Master of the vessel that a Passenger is for any reason whatsoever
unfit to travel or is likely to endanger his or her health, or the health
and safety, or impair the comfort or well being of others on board, or
seems likely to be refused permission to land at any port, or to render
the Company liable for his or her support, maintenance or repatriation,
the Company and the Master shall be entitled at any time to take any one
or more of the following courses of action:
(i) to refuse to
embark or disembark the Passenger at any particular port;
(ii) to
disembark the Passenger at any port;
(iii) to
transfer the Passenger from one cabin and berth to another, including
imposing medical quarantine on any Passenger in his or her cabin;
(iv) to confine
the Passenger to the ship's hospital or in his or her cabin under a
doctor's supervision;
(v) through the
services of the doctor(s) on board and/or such doctor's staff to
administer any drug, medicine or other substance or treatment, or to admit
and/or confine the Passenger to a hospital ashore or any similar
institution at any port, provided that the doctor(s) on board consider
such step necessary for the well being of the Passenger, or for the
health, safety and well being of the other Passengers, the crew or the
medical staff of the Vessel.
(d) The
Passenger agrees to abide by all of the Company's health and medical rules
and regulations, and all related enforcement orders of the Master and the
vessel's subordinate officers and medical or health orders and
instructions of the vessel's medical staff, or any medical officer
purporting to represent any government.
(e) Persons with
physical disabilities or handicaps requiring special treatment or
assistance, including persons confined to wheelchairs must have notified
the Company in writing of the nature of such conditions at the time of
making reservations, or promptly upon the development of such condition(s)
if arising after the reservations have been made. Those persons confined
to wheel chairs must furnish their own standard size wheelchairs and must
be accompanied by a traveling companion fit and able to assist the
Passenger in all respects. Wheelchairs supplied by the Company and placed
on board the vessel are for use only in emergencies or in respect to
persons whose needs arise during the course of the cruise.
(f) Any
Passenger who has any form of mental or physical condition, illness or
disability or who is experiencing any illness or disability which could
affect his or her fitness for travel must submit to the Company when
booking the cruise, or promptly upon the development of such condition(s)
a certificate of the Passenger's physician attesting to the Passenger's
condition and fitness for the travel contemplated. Pregnancy is regarded
as a physical disability for the purposes of ocean and air travel and the
Company reserves the right to refuse passage to women who are more than
twenty eight weeks pregnant at the time of embarkation. The Passenger
acknowledges and agrees that the Company shall have no responsibility or
obligation to provide any special services or equipment other than the
services or equipment normally provided by the Company to Passengers
unaffected by illness or disability. Passengers shall not make their own
arrangements for the provision of, nor shall they bring special services
or equipment not provided by the Company, including oxygen therapy
apparatus, without first having given the Company full and adequate
advance notice of such intention and having obtained the written agreement
of the Company to the Passenger or others on behalf of the Passenger
providing such special services or equipment. Notwithstanding the
Company's acceptance for travel of any person with any mental or physical
condition, illness or disability, including where special treatment or
arrangements are allowed or made available, the Passenger releases the
Company from all liability for any injury, loss or damage suffered by such
Passenger(s) in connection with the cruise and related travel and
accommodations which is proximately caused or aggravated by such
pre-existing medical or mental condition, illness or disability.
(g) Every adult
Passenger booking passage for, or traveling with any minor Passenger,
whether or not listed on the same Passage Ticket, shall be liable to the
Company and shall reimburse the Company for all loss, damage or delay
sustained by the Company because of the act or omission of the minor
Passenger(s) or of the Passenger relating to the supervision and control
of such minor Passenger(s). In the case of minor Passengers (under the age
of eighteen), whether or not they are accompanied by an adult, the minor
Passenger shall be subject to all of the terms and conditions of the
Contract of Carriage which shall be deemed to have been adopted for the
minor by his or her parent or guardian and/or the adult person booking the
cruise-tour on behalf of such minor.
(h) Expenses of
any kind including fines, penalties, duties or other charges incurred by
the Company and attributable to the Passenger's failure to comply with
regulations of the Vessel or any governmental authority shall be paid to
the Company by the Passenger on demand. The Passenger shall not bring any
goods, merchandise, cultural or historical artifacts, controlled
substances, animals or animal parts, contraband, weapons or dangerous
products or other items that may subject the Passenger or the Company to
criminal or civil liability, penalty or other sanction. The breach of such
restrictions or conditions may make the Passenger concerned liable to
statutory penalties and may impose liens, penalties or fines on the
Company and the Company's vessel. In such case the Passenger shall be
liable to the Company for any injury, loss or damage suffered as a
consequence of the Passenger's breach of the warranties of this subpart
and the Passenger shall indemnify the Company from all related injury,
loss or damage. The Passenger shall be liable to and shall reimburse the
Company for all loss, damage or delay sustained by the Company because of
any wrongful, neglectful or intentionally harmful act or omission of the
Passenger.
(i) The
Passenger shall have no right to any refund and Company shall have no
obligation or liability of any kind to the Passenger in respect to any
action taken by the Company in good faith under this Article 7.
Art. 8
Photography and Use of Likeness
During the
cruise tour the Company, its agents, or its concessionaires may photograph
or record video images of the Passengers individually or as general
participants in cruise tour activities. The Company and its
concessionaires will take reasonable steps to avoid including the
Passenger in such photographs and videos upon the Passenger making his or
her wishes to not be included known to the Company including informing
directly those individuals taking photographs and videos, but
notwithstanding such notice given by the Passenger, the Company shall have
the right to publish in any medium, and for any business purpose the
images taken in good faith that may include the Passenger's likeness and
in such case shall have no obligation to compensate the Passenger for such
usage.
Art. 9 Notices
and Payments
When the
Passenger books the cruise-tour through a travel agent, tour operator or
other travel intermediary or purchases a Travel Package from tour
operators or other providers of Travel Packages (referred to in this
Article as a ‘Travel Agent') the Company and the Passenger designate the
Travel Agent as the agent for the Passenger. The Company shall have no
responsibility for nor obligation in respect to the Travel Agent's
performance or non-performance of the duties undertaken at the request of
the Passenger or as the Passenger's agent, including arrangements and
services that are part of any Travel Package. The Company will send all
notices to the Passenger via the Travel Agent and all refunds which may be
paid by the Company in respect to the booking or other provisions of the
Contract of Carriage may be made by the Company to the Travel Agent as the
Passenger's agent without any obligation to see to the application of such
payments.
Art. 10
Limitations on Legal Liability, International Conventions and Venue
(a) The
Company's responsibility to Passengers and guests for death, injury,
illness, damage, delay or other loss to person or property of any kind
suffered by you or any of the persons in the Passenger's party, in the
first instance as a matter of law and, if that be inapplicable, then as a
matter of contract between the Passenger and the Company, in respect to
all cruise tours including those departing from a United States port
(unless by reason of law the Convention is held to not apply, and where,
in that case, other limitations shall apply) shall be governed by the
Convention Relating to the Carriage of Passengers and their Luggage by Sea
, 1974, (commonly known as the “Athens Convention”) with protocols and
amendments, together with the further provisions of the International
Convention on Limitation of Liability for Maritime Claims , 1976, with
revisions and amendments (hereinafter collectively referred to as the
"Convention"), and, if applicable, by reason of the Passengers having
embarked in a U.S. port, those other and further limitations of liability
set forth in the statutory maritime and general laws of the United States.
Unless precluded by a statue of the United States, the law governing this
Contract of Carriage shall the international law prescribed in the
Convention, exclusive of conflicts of laws provisions. In the event the
Company is found to be liable to a Passenger for death, injury, illness,
damage, delay or loss, in respect to a cruise to which the Convention
applies by law or by reason of the provisions of this Contract of Carriage
the Company's liability shall not exceed the limitations specified in the
Convention measured in ‘Special Drawing Rights' (SDR's) including all
future amendments or protocols that may adjust the SDR limitations. Those
limits are: for personal injury or death 46,666 SDR's multiplied by the
number of Passengers the Vessel is certified to carry not to exceed in any
event more than twenty-five million SDR's, which limitation applies to the
Company's Vessel, and as of 1999 was approximately $60,000 US per
passenger ; in respect to loss or damage to cabin baggage and personal
possessions 833 SDR's, and in respect to other baggage 1,200 SDR's (in
1999 $1,070 and $1,550 respectively). The Company's liability shall be
limited further by those deductibles to be borne by the Passenger
according to the provisions of Article 8 of the Convention.
(b) In the event
it is determined that the Company is not entitled to all of the benefits
of the above baggage claim limitations of the Convention, and if the
cruise has departed from a U.S. port, then the Company shall have the
benefit of all the exemptions from and limitations of liability provided
in or authorized by the law of the United States, including Title 46 U.S.
Code, sections 181-186, 188.
(c) The Company
hereby disclaims all liability to the Passenger for damages for emotional
distress, mental anguish or psychological injury of any kind under any
circumstance when such damages were neither the result of a physical
injury to the Passenger, nor the result of that Passenger having been at
actual risk of physical injury, nor intentionally inflicted by the
Company.
(d) The Company
shall not be liable for loss of or damage to your property in any amount
exceeding $500 US per Passenger. Should the Passenger desire an extension
of our liability beyond of $500, the Passenger shall declare the true
value of the property and pay the Company that amount of money calculated
at 5% of the true value declared, not to exceed $5,000 in declared value.
Liability will then be extended to the amount of the true value declared.
The Company shall in no event be liable for the loss of or damage to cash,
securities, gold, silverware, jewelry, ornaments, works of art or other
valuables unless the same have been deposited with the designated officer
of the Vessel against receipt for the agreed purpose of safekeeping. In
the event of such a deposit, the Company's liability for loss or damage
thereof shall be limited to $100 US unless value exceeding that amount be
declared in writing and the Passenger shall have paid the foregoing 5%
sum, limited to a declared value of $5,000 as above.
(e) In respect
to death, injury, illness, damage, delay, loss or detriment to a Passenger
or persons on board not in the Company's employ for which the Company is
not liable under the Convention, as set forth below (or any Statute of the
United States that may apply in the case of cruises departing from U.S.
ports) caused by act of God, war or warlike operations, civil commotions,
labor trouble, interference by authorities, perils of the sea, lurching of
the vessel, or any other cause beyond our control, by fire, thefts or any
other crime, errors in the navigation or management of the Vessel or
defect in or unseaworthiness of hull, machinery, appurtenances, equipment,
furnishing or supplies of the Vessel, fault or neglect of pilot, tugs,
agents, independent contractors, including without limitation the Vessel's
physician and other medical personnel, the Passenger's own actions or
omissions, the acts or omissions of other Passengers or any other person
or persons on board not in our employ, or any other cause of whatsoever
nature except and unless it is proven that such death, injury, illness,
damage, delay or loss resulted from the Company's act or omission
committed during the course of the carriage and due to the Company's fault
or neglect or that of any of the Company's servants or agents acting
within the scope of their employment, and in that event our liability
therefor shall not exceed the following limitations per Passenger in
Special Drawing Rights as defined in the Convention (and for which notice
has been give above).
(f) The Company
shall not be responsible to the Passenger for services, treatments and/or
attendance provided or supplies given by the Vessel's physician, nurse, or
medical personnel, beautician, barber, fitness instructor, laundry,
casino, photographic and/or any other concessionaire or other persons in
the employ of the Company providing personal services to Passengers.
Should the Passenger avail himself or herself of the medical or other
professional services which the Vessel's physician, nurse, or medical
personnel may furnish as independent contractors upon request, the Company
shall not be liable for the consequences of any examination, advice,
diagnosis, medication or treatment thus furnished. Charges for such
medical and other professional and personal services which the Passenger
may request will be the sole responsibility of the Passenger.
(g) In the event
it is determined that the Company is entitled to the benefits of the
Convention, whether by reason of United States law apply to cruises
departing from U.S. ports or otherwise, then in that case NO SUIT SHALL BE
MAINTAINED against the Company upon any claim in connection with this
Contract of Carriage relating to cabin baggage, other baggage or any other
property UNLESS WRITTEN NOTICE of the claim with full particulars SHALL BE
DELIVERED to the Company or the Company's agent at the Company's offices
where the passage was booked or at the address set forth in this Contract
of Carriage WITHIN THIRTY DAYS after the termination of the cruise to
which the Contact of Carriage relates, and in no event shall any suit be
maintainable against the Company in regard to baggage claims unless it
shall be commenced WITHIN ONE (1) YEAR from the termination of the cruise
. NO SUIT SHALL BE MAINTAINED against the Company for delay, detention,
personal injury, death or illness or for any other claim UNLESS WRITTEN
NOTICE of the claim with full particulars SHALL BE DELIVERED to the
Company or the Company's agent at the Company's offices where the passage
was booked or at the address set forth in this Contract of Carriage WITHIN
SIX (6) MONTHS from the day when such claim arose and IN NO EVENT SHALL
ANY SUIT BE MAINTAINED against the Company in regard to delay, detention,
personal injury, death or illness or for any other claim unless it shall
be commenced WITHIN ONE (1) YEAR from the day when such claim arose . In
any case, where the time fixed in this Contract of Carriage for the giving
of notice and for the commencement of suit is less than that allowed by
applicable law, such time is hereby extended so as not to exceed the
minimum lawful time.
(h)
Notwithstanding the foregoing, the Company shall in no event be liable to
the Passenger in respect of any occurrence prior to embarkation or after
disembarkation from the Vessel, except for transportation by water which
is carried out by means of a conveyance provided by the Company by the
Vessel and its tenders or, with respect to any baggage, when the same is
in the Company's custody at any dock side facility installation.
(i) The Company
may make arrangements on behalf of Passengers for the provision of travel
facilities other than water transportation with various independent
contractors and does so solely as an accommodation for the Passenger and
not as an agent of those independent contractors. No representations are
made with respect to travel facilities other than water transportation
which the Company itself provides and which is governed by the terms and
conditions of the Contract for Carriage. Other than the water
transportation provided by the Company, the Company shall have no
responsibility in whole or in part for any delays, delayed departures or
arrivals, missed connections, loss, death, damage or injury to person or
property or accident, mechanical defect, failure or negligence of any
nature whatever caused in connection with any accommodations,
transportation, services or facilities, substitution of hotels, common
carriers or equipment with or without notice or for any additional
expenses occasioned thereby. When the Passenger books the air travel via
the Company, the Company reserves the right to choose the air carrier,
routing and gateway locations, as well as the right to substitute charter
flights for scheduled service and vice versa. If the entire cruise tour is
canceled by the Company for any reason, Passengers shall have no claim
other than for a full refund of the cruise fare or the cruise tour fare,
whichever is applicable. The airlines and other transportation companies
concerned are not to be held responsible for any act, omission or event
during the time the Passengers is not on board their conveyances. This
Contract of Carriage constitutes the sole agreement between the Company
and the Passenger, it being understood that the various independent
contractors otherwise participating in the cruise or the cruise tour,
including providers of Travel Packages will enter into their own separate
contractual arrangements with the Passenger, and that the Passenger
assumes the risk of utilizing the services and facilities of those
independent contractors.
(j) The Company
and the Passenger do hereby irrevocably agree that any dispute arising out
of or in connection with this Contract of Carriage or the transportation
and services provided, or to be provided by the Company in respect to the
Contract of Carriage SHALL BE DETERMINED BY THE COURTS IN BERMUDA , the
Country of the Vessel's registration, and the jurisdiction which the
Company and the Passenger submit themselves. If any action be commenced in
any court other than the courts of Bermuda the Company and the Passenger
agree to the immediate TRANSFER OF SAID ACTION TO BERMUDA and any
attorneys fees and costs incurred in transferring an action brought in any
jurisdiction or venue other than Bermuda shall be due and payable upon
entry of an order of transfer by the party bringing such action in the
jurisdiction or venue other than Bermuda.
(k) The
requirements of this Article cannot be waived by any of the Company's
agents or employees, they may be waived only by express written agreement
of one of the Company's officers or directors having authority in the
premises.
Notices are to
provided to the Company at one of the following addresses: (depending upon
the office through which the cruise has been booked)
Discovery World
Cruises Discovery Cruises Limited
1800 Southeast Tenth Avenue, Suite 220 15 Young Street
Fort Lauderdale, Florida 33316 Kensington, London W8 5EH
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