IMPORTANT TERMS AND CONDITIONS OF CONTRACT - READ CAREFULLY
In consideration of the receipt of the full cruise fare, Victoria Cruises, Inc. ("Victoria") agrees to transport Passenger on a voyage on and subject to the following terms and conditions:
1. Definitions and Scope of Agreement -
(a) Whenever the word "Victoria" is used in this Contract it shall mean and include, the Vessel, its owners, operators, employees, agents, charterers and tenders. The term "Passenger" shall include the plural where appropriate, and all persons or entities booking or purchasing passage and/or traveling under this Contract, including heirs, representatives and any accompanying minors. The masculine includes the feminine. "Guest" shall include all those traveling with Passenger have the same rights, responsibilities, restrictions and limitations as "Passenger" in this contract.
(b) The ticket issued is valid only for the person(s) named hereon as Passenger(s) and cannot be transferred or modified without Victoria's written consent. It supersedes all prior contracts and representations, whether oral or written. The acceptance or use of the ticket by the person(s) named hereon as Passengers or Guests shall be deemed acceptance and agreement by each of them to all of the terms and conditions of this Passage Contract.
(c) All rights, exemptions from liability, defenses and immunities of Victoria under this contract shall also be for the benefit of Victoria's facilities, whether at sea or ashore, servants, agents, managers, affiliated or related companies, suppliers, shipbuilders and manufacturers of component parts and independent contractors, including, but not limited to, shore excursion or tour operators, ship's physician, ship's nurse, retail shop personnel, health staff, and other concessionaires, who shall have no liability to the Passenger, either in contract or in tort, which is greater than or different from that of Victoria.
(d) This contract constitutes the entire agreement between Victoria and Guest and supersedes all other agreements, oral or written. Any alteration to any term of this contract must be in writing and expressly authorized by Victoria. Except as provided in Clause 12 below, should any provision of this contract be contrary to or invalid by virtue of the law of the jurisdiction in which this contract is sought to be enforced, or be so held by a Court of competent jurisdiction, such provision(s) shall be deemed to be severed from the Contract and of no effect and all remaining provisions herein shall be in full force and effect and constitute the Contract of Carriage.
2. Forum and Applicable Law for Litigation -
It is agreed by and between the Passenger and Victoria that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Passenger's or Guest's cruise, including travel to and from the vessel, shall be litigated, if at all, before the United States District Court for the Southern District of New York, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in New York County, New York, U.S.A. to the exclusion of the Courts of any other county, state or country. United States Federal Maritime Law governs any and all litigation between Victoria and Passenger or Guest. To limited the extent, and only in the event Federal Maritime Law does not address an issue being litigated, the law of New York will apply only to that issue in any litigation arising under this contract.
Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Passenger or Guest, whether brought in personam or in rem, irrespective if based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or Passenger’s or Guest’s cruise, no matter how described, pleaded or styled, between the Passenger or Guest and Victoria shall be tried to the Court without a jury.
3. Hazards and Requirements of Travel -
(a) The Passenger acknowledges a full understanding of the character of the Vessel and of cruising in China, and assumes all risks incident to travel and transportation and handling of Passengers and cargo. The Vessel may or may not carry a ship's physician or other medical personnel at the election of Victoria. While at sea or in port the availability of medical care may be limited or delayed. Passenger acknowledges that all or part of their voyage may be in areas where medical care and evacuation may not be available. Passenger agrees to indemnify and reimburse Victoria in the event Victoria elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith.
(b) Victoria's vessels visit numerous ports. Passengers assume responsibility for their own safety and Victoria cannot guarantee Passenger's safety at any time. The United States Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations regularly issue advisories and warnings to travelers and Victoria strongly recommends Passengers obtain and consider such information when making travel decisions. Victoria assumes no responsibility for gathering said information.
(c) Proper travel documentation is required at embarkation and throughout the cruise. Any passenger traveling without proper documentation will not be allowed to board the vessel and no refund of the cruise fare will be issued.
4. Travel Agent Status -
Any travel agent or sales agent utilized by the Passenger in connection with this contract is solely the agent of the Passenger and not Victoria. Victoria is not responsible for the financial condition or integrity of any travel agent utilized by Passenger. In the event that an agent shall fail to remit to Victoria any monies paid to the agent by Passenger, Passenger shall be and remain liable for the fare due to Victoria, regardless of whether liability is asserted before or after embarkation. Any refund made by Victoria to an agent on behalf of Passenger shall be deemed payment to Passenger, regardless whether the monies are delivered by the agent to Passenger. Receipt of this ticket contract, any other documentation or notification pertaining to the cruise by Passenger's travel agent shall constitute receipt by Passenger.
5. Baggage, Personal Property and Prohibited Material –
(a) Victoria shall not be liable for: (1) any loss or damage before baggage comes into Victoria's actual custody on board or after baggage leaves Victoria's actual custody on board, including, but not limited to, loss or damage by airlines or other transportation services; (2) any loss or damage of baggage while not in the actual possession, custody and control of Victoria; (3) damage due to wear, tear or normal usage; (4) any loss or damage of perishable items, medicine, liquor, cash, securities or other financial instruments; or (5) any loss or damage while in the custody and control of stevedores.
(b) It is stipulated and agreed that the aggregate value of Passenger's personal property, does not exceed $50 per passenger or bag with a maximum value of $100 per stateroom regardless of the number of occupants or bags and any liability of Victoria for any cause whatsoever with respect to said property shall not exceed this amount.
(c) No Passenger is permitted to bring on board the Vessel live animals (other than qualified service animals, with not less than 14 days advance written notice given to Victoria) weapons, firearms, ammunition, explosives or other dangerous goods without written permission from Victoria. Passenger will be solely responsible for any and all damage and/or loss caused by service animals.
(d) No cameras, computers, documents, gifts, household goods, jewelry, money, property of others, tools of trade, and/or valuables of any description including, but not limited to such articles as are described in Title 46 of the United States Code, section 30503, shall be carried except at the Passenger's or Guest's sole risk and responsibility. The Passenger warrants that no such articles are contained in any item, receptacle or container presented by him/her as baggage hereunder, and if any such articles are shipped in the Passenger's or Guest's baggage in breach of this warranty, no liability for negligence, whether gross or ordinary, shall attach to Victoria for any loss or damage thereto.
6. Victoria's Right to Cancel -
Victoria has the right without previous notice to cancel this contract at the port of embarkation or any time during the voyage and shall thereupon return to the Passenger, if the Contract is completely canceled, his passage money, or, if the Contract is partially cancelled, a proportionate part thereof. Under such circumstances, Victoria shall have no further liability for damages or compensation of any kind.
7. Fitness to Travel and Special Needs –
(a)The Passenger warrants that he/she and those traveling with him/her are physically fit to travel at the time of embarkation and is required to notify Victoria in writing at the time of booking the cruise (or immediately at any time thereafter if physical fitness changes) of any pre-cruise condition which may or will require medical treatment or attention during the cruise or any physical disability or medical condition which may require special assistance during the voyage. Failure to do so will release Victoria from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. Upon booking the cruise, passengers who have special needs are required to contact Victoria to discuss the details of their special needs. Victoria reserves the right to require that any Passenger, who is not self-sufficient, including any disabilities requiring any form of assistance whatsoever, be accompanied by an adult over 21 years of age, who is capable of and will assume total responsibility for providing the assistance required. Said travel companion shall take responsibility for any assistance needed during the voyage and in case of emergency. Passengers and Guests dependent on oxygen therapy must advise Victoria in writing, including supplying a doctor's authorization permitting travel aboard ship, at the time of booking and must meet certain requirements prior to boarding the vessel, including supplying all oxygen needed for the voyage. Passengers and Guests acknowledge that they are required to and will bring sufficient quantities of their own medications and medical supplies for their entire trip throughout China.
(b) Victoria and the Master of the Vessel each reserves the right to refuse passage, disembark or confine to a stateroom any Passenger whose physical or mental condition, or behavior would be considered in the sole opinion of the Captain and/or the Ship's Physician to constitute a risk to the Passenger's own well-being or that of any other Passenger or crew member. Victoria and the Master reserve the right to disembark any passenger whose behavior affects the comfort, enjoyment, safety or well being of other passengers or of any crew. Victoria will not board Passenger or Guest, who will have entered their third trimester of pregnancy by the first day of their voyage.
(c) Victoria's Ship's health clinic are run by a local Physician (doctor) who is an independent contractor, and Victoria does not control and is not responsible for the medical services provided by the Physician or his/her staff. The Ship's health clinics have limited medical equipment, and not all medical conditions can be treated adequately on the ship. While every effort will be made to arrange for emergency treatment on shore when required, availability of medical care in ports along the cruise route may be limited, and in some areas non-existent. Treatment is accepted at the passenger’s own risk. Customary fees will apply, and medication is at additional cost.
8. Independent Contractors –
Passenger acknowledges that all shore excursions/tours (whether conducted in the water, on land or by air), airline flights and ground transportation, as well as the ship's physician, nurse and on board concessions are either operated by or performed by independent contractors. Victoria neither supervises nor controls their actions, nor makes any representation either expressed or implied as to their qualifications, expertise or suitability. Victoria, in allowing and arranging for the services called for by the physician or nurse, all on board concessions, all shore excursion/tour tickets, all pre and post cruise airline flights or other transportation off of the ship and its tenders, does so only as a convenience for the Passenger and Passengers are not obligated to use these services. Passenger agrees that Victoria assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Passenger and/or Passenger's baggage, property or effects in connection with said services. Passengers use the services of all independent contractors at the Passenger's sole risk. Independent contractors are entitled to make a proper charge for any service performed with respect to a Passenger.
9. Notice of Claim Requirements and Time Limitations on Passengers and Guests Claims Against Victoria –
(a) Victoria shall not be liable for any claims whatsoever for personal injury, illness or death of the Passenger or Guest, unless full particulars, in writing, are given to Victoria within six (6) months (185 days) after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) calendar year after the date of the injury, event, illness or death, and unless served on Victoria within 120 days after filing. Passenger or Guest expressly waives all other potentially applicable state, federal or foreign limitations periods.
(b) Victoria shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the Passenger or Guest, unless full particulars in writing are given to Victoria within thirty (30) days after the Passenger or Guest is landed from the Vessel or in the case the Voyage is abandoned, within thirty (30) days thereafter. Suit to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless filed within six (6) months (185 days) after the date Passenger or Guest is landed from the Vessel or in the case the Voyage is abandoned, within six (6) months (185 days) thereafter, and unless served upon Victoria within 120 days after filing. Passenger and/or Guest expressly waives all other potentially applicable state, federal or foreign limitation periods for claims which, include but are not limited to, allegations concerning any and all civil rights, the ADA, trade practices and/or advertising.
10. Athens Convention Limitation of Passenger's and Guest's Claims –
Victoria's vessels trade solely within the People’s Republic of China. On cruises which neither embark, disembark nor call at any U.S. port, Victoria shall be entitled to any and all liability limitations and immunities provided under the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974, as well as the 1976 Protocol to the Convention Relating to the Carriage of Passengers and Their Luggage by Sea ("Athens Convention"), which limits Victoria's liability for death or personal injury of a passenger to no more than 46,666 Special Drawing Rights (a basket of currency recognized by the International Monetary Fund, which is defined therein and has an approximate value of US$73,000 (as of January 1, 2010 which fluctuates, depending on the daily exchange rate and which rate is available at www.imf.org and printed in the Wall Street Journal), and all other limits for damage or loss to personal property.
11. Limitations on Victoria's Liability –
(a) Victoria shall not be liable to the Passenger or Guest for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the actual negligence of Victoria and resulted from the same Passenger or Guest sustaining actual physical injury, or having been at actual risk of actual physical injury, or when such damages are found to be intentionally inflicted by Victoria.
(b) In consideration for the fare paid, it is agreed that Victoria shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Victoria, nor for any intentional or negligent acts of Victoria's employees committed while off duty or outside the course and scope of their employment.
(c) In consideration for the fare paid, it is agreed that Victoria shall have no liability as a consequence of passenger's use of ship's athletic or recreational equipment or as a consequence of passenger's decision to participate in any athletic or recreational activity or event.
(d) In addition to all the restrictions and exemptions from liability provided in this Contract, Victoria shall have the benefit of all statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to 46 United States Code Sections 30501-30509 and 30511; as well as all restrictions or exemptions from liability, when applicable, under the laws of any foreign nation. Nothing in this Contract is intended to nor shall it operate to limit or deprive Victoria or any such statutory limitation of or exoneration from liability under any applicable laws.
12. Class Action Waiver –
This contract provides for the exclusive resolution of disputes through individual legal action on Passenger’s or Guest's own behalf instead of through any class action. Even if the applicable law provides otherwise, Passenger or Guest agrees that any arbitration or lawsuit against carrier whatsoever shall be litigated by Passenger or Guest individually and not as a member of any class or as part of a class action, and Passenger or Guest expressly agrees to waive any law entitling guest to participate in a class action. If for any reason this class action waiver is unenforceable as to any particular claim, then Passenger or Guest agree to litigate said claims without a jury in the United States District Court for the Southern District of New York.
13. Fare Increases –
Victoria reserves the right to increase published fares without prior notice. In the event of an increase, the Passenger has the option of accepting the increased fare or canceling reservations without penalty.
14. Cancellations –
Reservations will be held until 30 minutes prior to departure. No refunds will be made in the event of "no shows", unused tickets, lost tickets, interruptions, partially used tickets, or cancellations received late or after the start of the cruise. A cancellation occurs when a stateroom is released and not simultaneously rebooked on the same sailing. Victoria strongly recommends the purchase of trip cancellation insurance from your travel agent. Cancellation charges for individual bookings will result in loss of deposit. For cancellation charges related to group bookings, partial ship charters or full ship charters refer to your charter contract or group booking agreement for terms and conditions.
15. Liberties of Victoria and it's Ships –
(a) The Vessel shall be entitled to leave and enter ports with or without pilots or tugs, to tow and assist other vessels in any circumstances, to return to or enter any port at the Master's discretion and for any purpose and to deviate in any direction or for any purpose from the direct or usual course, and to omit or change any or all port calls, arrival or departure times, with or without notice, for any reason whatsoever, including but not limited to safety, security, adverse weather, strikes, tides, hostilities, emergency debarkations of Passengers or crew, or late air, sea, car or motor coach departures or arrivals, all such deviations being considered as forming part of and included in the proposed voyage. Victoria shall have no liability for any compensation or other damages in such circumstances.
(b) If the performance of the proposed voyage is hindered or prevented by war, hostilities, blockage, ice, labor conflicts, strikes on board or ashore, restraint of Princes, seizure under legal process, breakdown of the Vessel, congestion, docking difficulties or any other cause whatsoever or if Victoria or the Master considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the port of Passenger's destination may expose the Vessel to risk or loss or damage or be likely to delay her, the Passenger and his baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call, at which time the responsibility of Victoria shall cease and this contract shall be deemed to have been fully performed, or if the Passenger has not embarked, Victoria may cancel the proposed voyage without liability to refund passage money or fares paid in advance.
(c) Victoria reserves the right to use any substitute ship in the performance of this contract.
16. Conduct of Passengers and Guests –
(a) Passenger/Guest agrees during the course of the voyage to follow the directions of the Vessel's Master, and his authorized officers.
(b) Passengers and Guests agree, in all ports of call, to return to the Vessel not less than 30 minutes before the scheduled departure time unless directed otherwise by the Vessel's Crew. Passenger/Guest further acknowledges that shipboard and shore side clocks may have different times, but it is Passenger's/Guest's responsibility to return to the vessel so as not to miss vessel's departure. Any costs associated with transporting Passenger or Guest to rejoin the vessel including, but not limited to, governmental fees, visa fees, subsistence, lodging, air fare, launch fare, car hire or agency fees shall be for the account of Passenger or Guest.
(c) Victoria has a "zero tolerance" policy toward any illegal activity or behavior by Passengers, Guests or Crew aboard. Passenger/Guest agrees to comply with this policy and further acknowledges that it is Victoria's policy to report incidents of illegal activity or behavior to the appropriate law enforcement authorities.
(d) Passenger/Guest agrees that any violation of this Clause may subject Passenger/Guest to immediate disembarkation.
17. Liabilities of Passengers and Guests to Victoria –
(a) The Passenger shall be liable to and shall reimburse Victoria or the Master for any fines or penalties imposed on Victoria by any government, governmental agency or official, port or port official, for Passenger's failure to observe or comply with local requirements in respect of immigration, border patrol, customs and excise, agriculture, health or any other government regulation whatsoever.
(b) The Passenger or Passenger's estate shall be liable to and shall reimburse Victoria for all deviation expenses (including loss of revenue), damages to the Vessel, its furnishings, operations or equipment, or any property of Victoria caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Passenger or any minors traveling with Passenger. The Passenger or Passenger's estate shall defend and indemnify Victoria and the Vessel, their servants and agents against liability which Victoria or the Vessel or such servants or agents may incur towards any person, company or Government for any damage to property, personal injury or death caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Passenger or minors traveling with Passenger.
(c) Victoria and the Vessel shall have a lien upon all baggage, money and other property whatsoever accompanying the Passenger and the right to sell the same by public auction or otherwise for any amount due from the Passenger under this contract and for the costs and expenses of enforcing such lien and such sale.
18. Passenger's Obligations if Confined Aboard or Put Ashore Under this Contract –
If passenger is denied boarding, confined to a stateroom or disembarked from the vessel pursuant to any provision of this contract, passenger agrees:
(a) Victoria will not be liable for any refund of Cruise Fare, other compensation or any damages.
(b) Disembarkation and repatriation to the embarkation port or any other destination will be at passenger's sole expense.
(c) To indemnify Victoria and that Victoria may charge Passenger's on-board charge account for any and all expenses incurred by Victoria in relation to Passenger's disembarkation and/or repatriation.
GROUP BOOKINGS
For group bookings, a sales agreement will be issued by Victoria Cruises to the group's booking agent. This agreement does not alter or change anything in the Victoria Passage Ticket, but will include additional terms and conditions regarding space reservations, payments and cancellations. Unsold group space is subject to release at any time.
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