Terms and Conditions
American Queen Steamboat Company
IMPORTANT NOTICE: THESE ARE THE TERMS AND CONDITIONS OF THE LEGALLY BINDING CONTRACT BETWEEN YOU AS OUR GUEST AND AMERICAN QUEEN STEAMBOAT OPERATING COMPANY, LLC. THIS TICKET/CONTRACT CONTAINS SUBSTANTIAL PENALTIES FOR CANCELLATION, AS WELL AS CERTAIN LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS CONCERNING OUR LIABILITY FOR YOUR DEATH, ILLNESS OR INJURY, AS WELL AS LIMITATIONS CONCERNING DAMAGE CLAIMS RELATING TO BAGGAGE AND PERSONAL PROPERTY. PLEASE READ ALL THESE TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING THIS TICKET/CONTRACT AND/ OR BOARDING OUR SHIP, YOU AGREE TO ACCEPT AND TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS WHICH FOLLOW, INCLUDING SPECIFICALLY THOSE REGARDING YOUR RIGHTS TO SUE, GOVERNING LAW, FORUM AND JURISDICTION. VACATION PROTECTION INSURANCE COVERAGE IS STRONGLY RECOMMENDED. THANK YOU FOR TAKING THE TIME TO FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS.
2. IDENTIFICATION. Your name and the names of all Guests in your party, the name of the Ship, the sailing date, your accommodations, your total cruise fare or CruiseTour Fare and all scheduled ports, including embarkation and final destination are as specified on this Ticket/Contract.
3. CRUISE FARE AND CRUISETOUR FARE. We acknowledge receipt of payment by you of the total Cruise Fare or CruiseTour Fare and we agree to transport you from the scheduled port of embarkation to the scheduled port of final destination according to all of the terms, conditions, limitation and exceptions contained in this Ticket/Contract. The Cruise Fare paid by you covers all normal shipboard services and meals (except where a cover charge may be imposed in certain restaurants), accommodations and facilities. Optional Facilities and Services, provided by independent contractors and third-party providers, may be added to the Cruise Fare by agreement in order to constitute a total CruiseTour Fare, subject to all of the terms and conditions of this Ticket/Contract regarding our liability.
4. CARRIER’S DISCRETION. As the Carrier, we reserve the right at any time, without notice, to cancel any cruise or CruiseTour, to change or postpone the date or time of sailing or arrival, to change the port of embarkation or final destination, to shorten the cruise or substitute the Ship or to change or substitute any component of the Cruise Tour including but not limited to aircraft, other transportation or any hotel at which you are scheduled to stay. If we are required to do any of these things, we will be responsible to you as follows:
5. THIS TICKET IS NON-TRANSFERABLE. This Ticket/Contract is not transferable or assignable by you and is valid only on the Ship and for the cruise or CruiseTour shown above. Please refer to your Confirmation for payment terms. No reservations will be issued on a binding basis unless we, as the Carrier, or our representative receive the required payments. We reserve all rights concerning the pricing and payment of all Cruise Fares and/or CruiseTour Fares. Travel agents and all other agents are declared to be solely your agents for the purposes of this Ticket/Contract and all further documents concerning the cruise and/or CruiseTour. Cruise Fares and/or CruiseTour Fares together with prepaid charges and Optional Facilities and Service Fees incurred are agreed as fully earned and otherwise paid at the scheduled sailing or departure date, respectively, and will not be refunded in whole or in part except as otherwise noted in this Ticket/Contract. Certain changes to your reservations may constitute a cancellation and are therefore subject to cancellation charges as outlined in Clause 6 of this Ticket/Contract.
6. CANCELLATION POLICY. When we receive a written notice of cancellation from you addressed to Us at our principal offices (collectively “cancellations”), both parties agree to the following provisions.
7. GUEST’S WARRANTIES. You warrant that you and all other Guests traveling with you are physically, emotionally and otherwise fit to undertake the cruise or CruiseTour; that you and they have received all medical inoculations necessary; that you and they will at all times comply with the Ship’s rules and regulations and orders and directions of the Ship’s Master, officers and medical staff, and that your conduct will not impair the safety of the Ship or jeopardize or inconvenience other Guests. We may disembark at any port any Guest who may be suffering from contagious or infectious diseases or whose presence, in the opinion of the Master, may be detrimental to the comfort or safety of other Guests or the crew. In such cases, the Guest shall not be entitled to any refund of the cruise fare or CruiseTour fare or any compensation whatsoever.
8. EMBARKATION. Upon embarkation, you shall have in your possession this Ticket/Contract and valid government issued photo identification. We, as Carrier, shall not be liable for any losses or delays incurred by your failure, or that of others, to maintain all of said necessary documents. You are required to be at the airport gate at least two (2) hours prior to the scheduled departure of air transportation and are required to be aboard the Ship at least one (1) hour before scheduled departure time. We reserve the right, in our sole discretion, to deny embarkation to any person for any reason other than discrimination on the basis of race, religion, national origin, gender, sexual preference or other legally impermissible classification. In any case described in the preceding sentence, we shall refund to you the cruise fare or CruiseTour fare paid by you and we shall have no further liability to you whatsoever. In addition, Clause 19 below requires you to advise Us in writing of any physical, emotional or mental condition which may require attention during the cruise and to advise Us if you are physically challenged or require the use of a wheelchair or other similar permitted equipment. Under Clause 19, we may require as a condition to embarkation a certificate of fitness for certain guests. You may be refused embarkation if you, in our sole opinion, are not physically, mentally, emotionally or otherwise fit to undertake the scheduled voyage, or if you fail to follow the notification and certificate of fitness requirements of Clause 19 or if you attempt to bring on the Ship equipment not permitted on board, in which case you shall forfeit the applicable cruise fare or CruiseTour fare in full, and we shall have no further liability to you whatsoever.
9. CARRIER’S RIGHTS. The Ship, either before embarkation or at any time thereafter and whether or not required by any maritime necessity, may remain in port, proceed by any route and deviate from or change the advertised scheduled or intended route at any stage of the voyage and may proceed to and stay at any places whatsoever, although in a contrary direction to, or outside of, or beyond the usual route, one or more times, in any order, for loading or discharging fuel, stores, laborers, stowaways, Guests, or members of the Ship’s company, for this, or any prior or subsequent voyage and/or for any purpose whatsoever that we, as Carrier, or the Master may deem advisable. Any such procedure shall be considered not to be a deviation but within the voyage herein intended as fully as if specifically described herein. The above mentioned provisions are not to be considered as restricted by any words of this Ticket/Contract whether written, stamped or printed. The Ship may adjust compass, drydock or go on ways before or after commencement of the voyage and may sail without pilots, tow or be towed, and assist vessels in all situations and deviate for the purposes of saving life or property. If the performance of the proposed voyage is hindered or prevented (or in the opinion of the Carrier or Master, is likely to be hindered or prevented) by war, hostilities, blockage, ice, labor conflicts, weather, surf, shallow waters, insurrections, disturbances, on board or ashore, restraint of any Governmental Authority, breakdown of the Ship, congestions, docking difficulties or any other cause whatsoever, or if we, as Carrier, or the Master of the Ship consider that for any reason whatsoever, beyond the control of the Carrier, proceeding to, attempting to enter, or entering or remaining at any port may expose the Ship to risk of loss or damage, or be likely to delay the Ship, you and your baggage may be landed at any port or place at which the Ship may call, in which event our responsibility shall cease and this Ticket/Contract shall be deemed to have been fully performed, or if you have not embarked, we may cancel the proposed voyage without liability to refund any cruise fares paid in advance.
10. CARRIER’S LIABILITY. Our responsibility as the Carrier for death, injury, illness, damage, delay or other loss to person or property of any kind suffered by you or any of the other Guests in your party shall, in the first instance, be governed by the limitations of liability set forth in the statutory maritime and general laws of the United States (including but not limited to the Limitation of Liability Act of 1851 and 46 USC 30501 et. seq.), as the law governing this Ticket/ Contract, exclusive of conflicts of laws provisions. We shall not be liable for any such death, injury, illness, damage, delay, loss or detriment caused by Act of God, war or warlike operations, civil commotions, labor trouble, interference by Authorities, perils of the sea, lurching of the Ship, or any other cause beyond our control, fire, thefts or any other crime, errors in the navigation or management of the Ship or defect in or unseaworthiness of hull, machinery, appurtenances, equipment, furnishing or supplies of the Ship, fault or neglect of pilot, tugs, agents, independent contractors, including without limitation the Ship’s physician and other medical personnel, you or other 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 our act or omission committed during the course of the carriage and due to our fault or neglect or any of our servants or agents acting within the scope of their employment. Carrier shall not be liable to the Guest for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, when such damages were neither the result of a physical injury to the Guest, nor the result of that Guest having been at actual risk of physical injury, nor were intentionally inflicted by the Carrier. If you use the Ship’s athletic or recreational equipment or take part in organized or individual activities, whether on or off the Ship or as part of a shore excursion, you assume the risk of injury, death, illness or other loss and Carrier is not liable or responsible for it.
11. THIRD PARTY PROVIDERS. We, as the Carrier, are not responsible for services, treatments and/or attendance provided or supplies given by the medical personnel, beautician, barber, fitness instructor, laundry, casino, photographic and/or any other concessionaire or other persons providing personal services to you. Should you avail yourself of the medical or other professional services which the Ship’s medical personnel may furnish as independent contractors upon request, we 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 you request will be your sole responsibility.
12. GUEST DETENTION. If you are detained on board or elsewhere at any time or at final destination because of quarantine, port regulations, illness or other cause, all expenses incurred in connection with such detention shall be your sole responsibility. If you are carried aboard the Ship beyond final destination for any reason, without fault of the Carrier, you shall pay for any additional maintenance or extra transportation. Should it become necessary, in the sole judgment of the Master of Ship, to transfer you for medical reasons, the cost of such transfer shall be borne by you.
13. DANGEROUS ITEMS. Only such personal wearing apparel, effects and gifts as are necessary and appropriate for the voyage may be brought on board by you. Any piece of baggage must be distinctly labeled with your name, Ship’s name, suite number and sailing date. You are allowed without extra charge one (1) cubic meter (cbm) of baggage. You may not possess firearms, explosives, flammable materials or other hazardous goods. Such goods shall be surrendered to the Master at embarkation, and in our discretion may be confiscated, destroyed or surrendered to authorities. You shall have no claim for loss or inconvenience thereby incurred. We assume no responsibility for any loss of or damage to your perishable items, medicines, valuables, financial instruments, electronic equipment and the like, except as specifically provided in these Terms and Conditions.
14. SMOKING POLICY. Guests are kindly reminded that smoking constitutes a serious health and safety hazard that may result in the combustion of accommodation areas and furnishings and thus is expressly forbidden in all staterooms, suites and on verandas. For the safety and comfort of your fellow guests, we request your cooperation and compliance with this policy. Guests choosing to disregard the policy may be subject to monetary penalties – up to the fare paid for passage – that will be imposed to cover the costs associated with the required cleaning of stateroom furnishings, verandas and surrounding deck and accommodation areas. Guests are also kindly reminded that the Master of the Ship reserves the right to disembark any guests, without prior warning, for violation of this policy and said guest(s) shall be responsible for all costs associated with repairs or replacement of furnishings as a result of combustion of accommodation areas found to be caused by said guest(s). Our ships are generally non-smoking; however, smoking is permitted in certain designated areas.
15. ALCOHOL POLICY. The sale and consumption of alcoholic beverages will be limited to Guests who are 21 years or older. American Queen Steamboat Operating Company will refuse and prohibit the sale or service of alcoholic beverages to Guests under the age of 21 years. Guests are kindly reminded to consume alcohol in moderation. American Queen Steamboat Operating Company reserves the right to prohibit and retain all liquor brought aboard the Ship.
16. PETS. No pets or other animals are allowed on board the Ship, except for designated service animals. You are required to notify us in writing at or prior to the time the cruise is booked if you are intending to bring a service animal aboard.
17. INDEMNIFICATION. You agree to indemnify Us for all penalties, fines, charges, losses or damages of any nature incurred or imposed upon Us or the Ship by virtue of any act or violation of law by you or by all Guests named on or traveling under this Ticket/Contract.
18. CHILDREN. American Queen Steamboat Operating Company requires that children under the age of 18 be accompanied by and occupy the same accommodations as a parent or other responsible adult 25 years or older. We do not provide services for the care, entertainment or supervision of children and we reserve the right to limit the number of children on board under the age of 18 years.
19. HEALTH CONSIDERATIONS. You are required to advise Us in writing, at or prior to the time a cruise is booked, of any physical, emotional or mental condition which may require attention during the cruise, or if you are physically challenged and require the use of a wheelchair or other similar equipment. A certificate of fitness is required of all such Guests. Please call our principal offices to request the Policy Statement: Guests with Special Needs / Fitness for Travel Letter. Electric scooters or electric wheelchairs may be used on board, subject to certain size and safety limitations. We strongly recommend that if you are using any make or model of wheelchair that you travel with someone who is able to assist you, both on shore and on board the Ship. Some ports of call have limited shore side facilities and physical conditions may preclude you from going ashore. Decisions made by the Master of the Ship in such circumstances will be binding in all instances. If you are a Guest with Special Needs, you must bring and be responsible for all necessary items related to your condition. If any such condition arises after the cruise is booked, you are required to advise Us in writing immediately. Any Guest who requires oxygen canisters or oxygen concentrators must independently make all the necessary arrangements, including procuring and moving any oxygen containers while on board. Please be advised that liquid oxygen is not permitted onboard the Ship. Failure to so advise Us shall release Us and all professional personnel aboard the Ship from any liability related to such condition or its treatment. Failure to disclose physical, mental, or emotional conditions prior to the departure date, or to obtain a certificate of fitness as described above, or your attempt to bring on the Ship equipment not permitted on board may result in denial of embarkation and forfeiture of the applicable Cruise Fare or CruiseTour Fare and in such event we shall have no liability financially or otherwise.
20. GENERAL AVERAGE. You will not be liable to pay, nor be entitled to receive, any general average contribution in respect of property taken with you on the Ship.
21. PAYMENTS. Any and all payments made by you to Us shall be made in currency of the United States of America. All charges for services and products provided on board the Ship must be settled in cash or charged (via credit card acceptable to Us) before your final disembarkation from the Ship. Any other expenses incurred by you or by Us on your behalf shall be payable by you on demand. American Queen Steamboat Company accepts no responsibility for credit card processing fees independently assessed by issuing banks. None of these fees separately charged by the issuing banks accrues to the benefit of American Queen Steamboat Operating Company nor do they accrue to the benefit of American Queen Steamboat Operating Company’s credit card processing bank.
22. CARRIER’S RESERVED RIGHTS. Nothing contained in this Ticket/Contract shall be construed to limit or deprive Us of the benefit of Subtitles II and III of Title 46, United States Code, (as revised and amended) or of any other Statute or law whatsoever which might be applicable providing for exoneration
from or limitation of liability.
23. GUEST’S COVENANTS. You covenant and warrant that you are duly authorized by or on behalf of all Guests named on or traveling under this Ticket/Contract to agree to all terms, conditions, limitations and exceptions herein contained, and by accepting and/or using this Ticket/Contract he or she and/or they do agree accordingly and do agree that the same shall be binding on them with the same force and effect as if they and every one of them signed this Ticket/Contract.
24. TICKET/CONTRACT USAGE. The right is reserved to consider this Ticket/Contract as canceled and the applicable fare forfeited if you do not use this Ticket/Contract for the Ship or other Ships substituted, or land arrangements for the date mentioned, or should this Ticket/Contract become lost or mislaid, or if you use this Ticket/Contract for only part of the voyage or tour indicated hereon, for any reason, whether or not due to causes beyond your control.
25. SECURITY PROVISIONS. In the interests of national security and safety at sea and in the interest of the convenience and safety of other Guests, you agree and consent to a reasonable search being made of you, your baggage or other property, and to the removal and confiscation or destruction of any object which may, in our opinion or that of the Master, impair the safety of the Ship or inconvenience other Guests, or violate the laws of any applicable authority relative to the possession and/or transportation of nonprescription narcotics, controlled substances or any other commodity of any nature.
26. GUEST BOOKINGS. As a condition of its business, we retain the right to overbook Guest accommodations. In the event that the Guest accommodation referenced in this Ticket/Contract is overbooked, or if we determine that the Ship is overbooked, we may, at our discretion, deny boarding to any Guest and, at our further discretion, refund all monies paid or offer another cruise or CruiseTour in substitution.
27. NO SOLICITATION. You shall not solicit other Guests for commercial purposes or advertise goods and services onboard the ship without the Carrier’s prior written permission. Solicitation in any form will result in mandatory disembarkation from the Ship with no refund for any unused portion of the cruise ticket or other pre-purchased items including Your return airfare.
28. USE OF LIKENESS. Carrier has the exclusive right to use video and other visual/audio portrayals of you or your likeness taken during your cruise in any medium of any nature whatsoever for any purpose, including advertising or promoting the services of Carrier without any compensation being paid to You. Any such portrayal or likeness shall be the exclusive property of the Carrier.
29. CHOICE OF LAW AND FORUM. All questions arising on this Ticket/Contract shall be decided according to the statutory and general maritime laws of the United States of America, with references to which this Ticket/Contract is made. YOU AND WE AGREE IRREVOCABLY THAT ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS TICKET/CONTRACT SHALL BE DETERMINED AND LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE IN MEMPHIS, OR AS TO THOSE LAWSUITS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN SHELBY COUNTY, TENNESSEE, TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY.
30. AMENDMENTS AND MODIFICATIONS. In the event amendments or modifications to this Ticket/Contract are required, they may be added by means of attached form and will be considered an enforceable part hereof.
31. FOR PROFIT ENTITY. Notwithstanding that American Queen Steamboat Operating Company, at the Guest’s option, arranges transportation, hotel accommodations, ground transfers, shore excursions and other services with independent suppliers of the services, it should be understood that American Queen Steamboat Operating Company, being a “for profit entity”, earns a fee on the sale of optional services.
32. MISCELLANEOUS. The illegality or invalidity of any paragraph, clause, or provision of this Ticket/Contract shall not affect or invalidate any other paragraph, clause or provision thereof. All headings set forth in this Ticket/Contract are for convenience only and have no separate meaning or effect.