Terms and Conditions
RESERVATIONS. To reserve your place, an advance payment for the program as outlined is required at the time of reservation and is payable by Visa, MasterCard, American Express or Discover. The per person amount due is noted on each itinerary.
FINAL PAYMENT. For expeditions of eight nights or less, final payment is due 60 days prior to departure. For expeditions of nine nights or more, final payment is due 90 days prior to departure.
SMOKING POLICY. Smoking is allowed only in designated outdoor areas.
COSTS INCLUDE. All accommodations aboard ships or in hotels per itinerary or similar, all meals and nonalcoholic beverages aboard ship, meals on land as indicated, air transportation where indicated as included, shore excursions, sightseeing and entrance fees, special access permits, transfers to and from group flights, use of snorkeling equipment and wet suits, use of kayaks (where available), tips (except to Egyptologists and ship's crew), taxes and service charges, services of a ship physician on most voyages and services of expedition staff.
NOT INCLUDED. Air transportation (except where shown as included), extensions, passport, visa, immigration fees, scuba diving (where available), meals not indicated, travel protection plan, items of a personal nature, such as alcoholic beverages, e-mail, laundry. Gratuities to Egyptologists and ship's crew at your discretion.
AIRFARE. For all programs, airfare is an additional cost unless otherwise indicated. Sample airfares are based on fares as of the most recent brochure and are subject to change.
DEFINITIONS. "Passenger" means each person purchasing or accepting or using the Cruise Ticket; "Vessel" means the ship named in the Cruise Ticket and any substituted ship and all tenders; "Carrier" includes the Vessel, the Vessel's owners, operators, managers, licensors, charterers, agents, and all affiliated and associated companies, sales representatives and employees of all such companies and individuals; and "Cruise" means the voyage that is the subject of the Cruise Ticket, including all related activities whether or not aboard the Vessel.
BINDING CONTRACT. The Cruise Ticket is a contract between Carrier and the Passenger(s) named on the face of the Cruise Ticket valid only for the voyage and date specified. Passenger, by accepting the Cruise Ticket and boarding the Vessel agrees, both on Passenger's individual behalf and on behalf of any person or child traveling with or in the care of Passenger, to be bound by all of its terms, including specifically those regarding Carrier's liability and the provision of personal services.
VOYAGE AND FARE. Upon receipt of the applicable fare for each Passenger, Carrier will provide, subject to all the terms of the Cruise Ticket contract, the transportation specified in the Cruise Ticket, food, accommodations, and all normal shipboard services and facilities while aboard the Vessel. The fare does not include alcoholic beverages or other items or services of a personal nature, taxes, or gratuities, all of which are for the account of the Passenger. Unless otherwise provided in their cruise itinerary, Passengers must pay their own expenses while off the Vessel.
NON-TRANSFERABLE. The Cruise Ticket is not transferable. The fare paid shall not be refundable except as and to the extent provided herein or as may be permitted in Carrier's brochure in effect at the time Passenger's first deposit or payment is received by Carrier, and shall be fully earned by the Carrier at the time of payment or, if not previously paid, at embarkation. Carrier shall not be liable to make any refund to Passenger for any Cruise Ticket lost or wholly or partially not used.
TRAVEL DOCUMENTS AND HEALTH. Passenger assumes all responsibility for and shall have upon embarkation all passports, visas, and other travel documents, including health and vaccination certificates, that are or may be required by governmental or other authorities. At embarkation, Passenger must be fit to undertake the intended cruise aboard the Vessel and to use the ship's boats or other craft for boarding and going ashore. Passenger may be denied boarding without refund if Passenger does not have proper documentation or, in the opinion of Carrier or Vessel's Captain, is not fit for the voyage or requires special care, treatment or attention beyond that which Carrier can provide aboard Vessel at time of embarkation.
PASSENGER'S RESPONSIBILITY AND OBLIGATIONS.
Passenger agrees and hereby consents in the interests of international security and safety at sea to a reasonable search being made of the Passenger's person, baggage and other property, and of any accommodation aboard the Vessel occupied by Passenger at any reasonable time including during the voyage, and to the removal and confiscation or destruction of any object that may, in the opinion of the Carrier or Vessel's Captain, impair the safety of the Vessel, constitute a violation of law, or inconvenience others aboard the Vessel.
Passenger shall indemnify Carrier for all penalties, fines, charges, damages and expenses incurred by or imposed on Carrier or the Vessel on behalf of Passenger or by reason of any act or violation of law by Passenger, including loss or injury to Passenger or others.
Passenger shall pay all port charges, health fees, quarantine dues and charges. If Passenger is detained on board Vessel or elsewhere because of quarantine, Passenger shall be responsible for and bear all risks and expenses, including shipboard daily maintenance, thereby incurred.
Passenger shall take complete responsibility for the behavior of, and the compliance with the terms of the Cruise Ticket by, any and all minors traveling with or in the care of Passenger, whether or not related to Passenger, and shall indemnify Carrier to the extent provided herein as if the acts of the minor were those of the Passenger.
Passenger shall distinctly label each piece of baggage with Passenger's name, Vessel, cabin number and date of sailing. Carrier shall not be liable in any capacity whatsoever for loss, damage or delay to any baggage unless so marked and until delivered to and checked by Carrier on the wharf or Vessel. Carrier's responsibility with respect to Passenger's baggage and other property shall terminate on discharge from the Vessel, whether at the final or any intermediate port or place, and each Passenger shall be responsible to ensure his baggage is properly labeled and transferred to and put on any train, ship, aircraft or other means of transport in which they will proceed.
Carrier will provide to Passenger upon request a reasonable amount of space in a deposit box or safe on board the Vessel, if so equipped. In consideration of Carrier's furnishing such deposit box or safe without extra cost to Passenger, the limit of Carrier's liability, if any, for loss, damage or delay to the deposit made therein by Passenger shall not be increased by reason of a deposit being made. In the event of declaration of excess value, as herein provided, Carrier may require that property be placed in the custody of the Purser, but without assumption of any increased responsibility on the Carrier's part.
Carrier shall have a lien upon Passenger's baggage and other property on the Vessel for all charges and amounts due Carrier from Passenger pursuant to the terms hereof, and Carrier shall have the right to hold and retain such baggage and property until such charges are paid, and if not paid within sixty (60) days after demand, Carrier may enforce this lien by public or private sale of such baggage and property.
Passengers are not liable in respect of baggage or personal effects to pay, or entitled to receive, any general average contribution.
LIABILITY LIMITATIONS FOR BAGGAGE AND PROPERTY.
It is stipulated and agreed that the total value of passenger's baggage and all other property otherwise taken by passenger on the cruise does not exceed U.S. $500 (five hundred dollars) and carrier's liability, if any, in the event of loss, damage or delay to any of passenger's baggage or other property shall not exceed US $500 (five hundred dollars) unless passenger shall, prior to embarkation, deliver to carrier a declaration in writing specifying a higher value and pay therewith to carrier an additional amount of 2.5% on the excess of value thus specified over $500, in which case carrier's liability shall not exceed such specified value. Passengers may obtain insurance protections against theft and other losses by making their own arrangements for such insurance or by written application to carrier.
DELAYS AND CHANGE OF SCHEDULE.
In the event of any condition, or the happening of any matter, whether existing or anticipated before the commencement of or during the voyage, which in the sole judgment of Carrier or Vessel's Captain is likely to result in loss, damage or delay to the Vessel or Passengers, or may make it unsafe or imprudent to proceed on or to continue the voyage or to enter or discharge Passengers and/or cargo at one or more of the ports of call or destination, Carrier and Vessel shall have the liberty to omit one or more of the ports of call and/or the port of destination without any liability to Passengers on account thereof, and the Vessel may proceed direct to destination or call at such port or ports as Carrier or Vessel's Captain may deem safe or advisable under the circumstances. Passengers booked for ports omitted from the itinerary will be disembarked, with their baggage (conditions permitting), at the next port called at by the Vessel, subject to the terms, conditions and exceptions as stated herein.
Carrier may omit, alter and/or curtail any shore excursion that in the judgment of Carrier or Vessel's Captain is likely to result in loss, damage, injury or delay to the Vessel or Passengers.
SUBSTITUTION OR CANCELLATION.
DISABILITY OF PASSENGER. If in the judgment of Carrier or Vessel's Captain any Passenger may be excluded from landing at any destination by governmental authorities, or may endanger the health, safety or comfort of themselves or others by reason of any illness or condition or their conduct or failure or refusal to observe or comply with any regulations that are or may be established on board the Vessel for the general comfort or safety of Passengers and crew, Carrier shall have the right to refuse to transport Passenger, or may land or eject Passenger at any port of call, at Passenger's own expense, or may require Passenger to submit to such restrictions on board the Vessel as in the opinion of Vessel's Captain or other officer in charge may be necessary for the safety or comfort of Passenger or others on board. The Captain or such other officer shall be the sole judge of such matter, and Passenger agrees to accept such judgment as final, and neither Carrier nor the Vessel's Captain nor such officer shall be liable for mistakes in judgment exercised in good faith. If Passenger is refused passage or leaves the Vessel for any such reason, Carrier will not be required to refund any portion of the fare paid and will not be responsible for any of Passenger's costs. The acceptance of Passenger at embarkation shall not constitute a waiver of any right permitted herein for Carrier or the Vessel's Captain to take action thereafter with respect to any condition or conduct of Passenger. All Passengers are subject to medical examination if required by Carrier.
In the event a Passenger fails to board the Vessel prior to the time of its scheduled (or otherwise fixed) sailing from any of the ports visited, the Vessel may, at Carrier's option, sail without the Passenger, whereupon all liability and responsibility of Carrier with respect to such Passenger shall terminate, except to discharge Passenger's baggage and other effects, if any, at the destination named in this Ticket, subject to the terms, conditions and exceptions stated herein. If Passenger shall establish the failure to board the Vessel reasonably was due to fault on the part of Carrier, then Carrier shall be responsible for the expense of forwarding the Passenger to the destination named in this Ticket (or to the Vessel, at Carrier's option), but shall not be in any respect otherwise liable. No persons are authorized to inform Passengers of the times of sailing from ports except the Vessel's officers, and the expedition leader.
PHOTO/VIDEO RELEASE AND ASSIGNMENT. Passenger acknowledges that as a normal part of its business, Carrier produces photographic and video recordings of its voyages, which are made available to passengers and also may be used by Carrier in advertising and promoting its products. Passenger hereby consents to the making of photographic and video recordings ("images") including Passenger's appearance and voice, while Passenger is engaged in the Cruise, and grants to Carrier the right to use such images and any copies or derivative works there from in any manner for promotional and other commercial purposes, in any medium. Passenger releases and assigns to Carrier any right or interest Passenger may have in images including Passenger's appearance and/or voice taken by employees, agents or contractors of Carrier, and waives any rights of any kind in or over such images including rights of (A) compensation, (B) publicity, privacy or copyright, or (C) review, inspection or approval.
GENERAL LIMITATION OF LIABILITY. Carrier and Vessel are not responsible for, and shall not be liable in any manner to Passenger, for any loss, injury, or death to Passenger or any property (whether such property be in the custody of Carrier or otherwise): (A) whenever occurring if caused by or arising from any Act of God, civil commotion or disturbance, labor action, Acts of State or restraint or requisition, fire, robbery, theft, pilferage (whether on board or on shore or whether or not by a person in the employment of Carrier), perils of the sea, errors in navigation, collision, inability to secure or failure of supplies, or any other cause beyond Carrier's reasonable control or actions of any person not shown to have been caused by Carrier's negligence; (B) occurring or sustained after disembarkation from the Vessel or prior to embarkation upon the Vessel, provided, however, that in case the Vessel's boats are used as tenders Carrier's responsibility (subject always to the terms of this ticket contract) shall be in effect while Passengers are on board said boats; (C) attributable to any cancellation, prevention, change or delay of sailing, or detention during the Cruise caused by accident or otherwise, or for any loss of time, hotel or board bills, travel expenses or other costs incurred in connection therewith; or (D) that arises from or is proximately caused by a pre-existing illness or condition. In addition, neither Carrier nor Vessel shall be liable for infliction of emotional distress, mental suffering or psychological injury, whether or not involving negligence or willful fault, except as otherwise required under 46 U.S.C. app. §183c(b). Carrier uses all reasonable means to ensure the Vessel, her craft and tenders are seaworthy and well found, but Carrier shall not be liable for unseaworthiness. Any change in the relationship among parties that constitute the Carrier shall not be grounds for cancellation or refunds by Passengers. Nothing in this contract shall be construed as depriving Carrier of the benefit of any statute providing for limitation of or exoneration from liability, nor of any liberty, right or remedy, to which it would otherwise be entitled. ALL WARRANTIES INCLUDING WARRANTY OF FITNESS FOR USE AND OF MERCHANTABILITY ARE EXPRESSLY EXCLUDED. CARRIER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
RELEASE AND ASSUMPTION OF RISK. Passenger acknowledges that there are certain unavoidable risks to Passenger and property associated with expedition travel, including, among others, collisions of ships or other vehicles; illnesses caused by consumption of food and beverages; slip and fall due to the motion of the sea or other causes; civil unrest or terrorism; forces of nature such as weather and the unpredictable behavior of animals in the wild; breakdown of equipment; and overexertion. Passenger understands and acknowledges that full medical facilities are not available aboard ship nor, in many cases, in the Vessel's ports of call, to deal with medical emergencies that may arise. Passenger understands that the pricing of the Cruise Ticket is based upon the assumption of these risks by Passenger. Therefore, Passenger hereby releases the Carrier and the Vessel from any liability for personal injuries, illness or death, or loss of or damage to property, occurring during or as a result of the voyage, including on board ship, on land, on zodiacs or other craft or in transit, except as a direct result of the sole negligence of Carrier (and then subject to all the other provisions of the Cruise Ticket). Passenger further agrees that Passenger will participate in special activities such as snorkeling, scuba diving or kayaking only to the extent of Passenger's physical ability and qualification by experience, and agrees to assume all the risks of such activities, whether known or unknown, as well as all risks arising out of Passenger's personal medical condition prior to the voyage, whether or not disclosed to the Carrier.
TIME LIMIT FOR CLAIMS. No claim for loss, injury or death shall be enforceable against Carrier or Vessel unless notice thereof in writing with full particulars of the claim be delivered to Carrier within 185 days (30 days for claims relating to baggage or other loss), and unless suit is commenced within one year (six months for claims relating to baggage or other loss), after the day of such loss, injury or death, but provided that whenever Passenger's baggage or other property is inspected by Customs Authorities at the port of debarkation, notice of any loss or damage thereto must be given in writing to Carrier or its agent before removal of such baggage or other property from the place of Customs inspection. If written notice of a claim is not given and suit not commenced within the time limits provided herein (which provisions are not subject to waiver or extension by any employee or agent of Carrier) all suits and actions thereon no matter by whom instituted shall be barred. In any case where the periods fixed in this ticket for the filing of claims and/or the institution of suits are less than allowed in any statute relating to the carriage of Passengers or their baggage by sea, then this clause shall be construed and take effect as though the periods fixed for the filing of claims and/or the institution of suits were the periods referred to in such statute.
VENUE AND LAW FOR CLAIMS. Any claim or cause of action arising under, in connection with or otherwise incident to this contract or the voyage that is the subject hereof, whether sounding in contract, tort, negligence or otherwise, shall be subject to the general maritime law of the United States, and litigated, if at all, in a court of proper jurisdiction in New York County, State of New York, U.S.A. Notwithstanding the foregoing, however, with respect to any Cruise including a voyage beginning and ending at ports located in the Republic of Ecuador, any such claim or cause of action shall be subject to the general maritime law of the Republic of Ecuador and shall be litigated, if at all, in a court of proper jurisdiction located in, or having jurisdiction over, territory including the City of Guayaquil.
INDEPENDENT CONTRACTORS. Tours, shore excursions, hotels, restaurants and transportation not aboard the Vessel are not under the control of Carrier, and Carrier shall have no responsibility or obligation other than (if undertaken) as agent for Passenger in engaging or contracting for the provision of such services, subject to the terms of those who actually undertake performance of the service, and whether or not the cost thereof is included in the fare for the cruise. If the Vessel carries a physician, nurse, hairdresser, massage therapist, or any other person customarily providing personal service for a fee, or if Carrier arranges emergency medical care or transportation for Passenger's behalf, that is done solely for the convenience of Passengers and any such person or entity in dealing with a Passenger shall not be considered in any respect as the employee or agent of Carrier, but as an independent contractor. Carrier shall not be liable for any act or omission of such persons or entities, or those under their orders or assisting with respect to treatment, supplies, advice or care of any kind given to any Passenger. The cost or charge for any service provided by any such independent contractor for or on behalf of a Passenger shall be the sole responsibility of the Passenger, and Carrier shall not be liable in any way whatsoever in any such arrangement.
BENEFIT OF TERMS. All rights, exemptions from liability, defenses and immunities of whatsoever nature referred to in the Cruise Ticket as applicable to Carrier shall in all respects inure also for the benefit of the Vessel, its owner and crew, all others included within the definition of "Carrier" as set forth in Clause 1 of this Ticket Contract, and contractors of Carrier acting in the course of or in connection with their respective engagements. For the purposes of the agreement contained in this clause, Carrier is or shall be deemed to be acting on behalf and for the benefit of all such persons and entities, who shall to this extent be or be deemed to be parties to the contract contained in or evidenced by the Cruise Ticket.
ENTIRE CONTRACT. The provisions of the Cruise Ticket represent the entire Agreement and binding contract between Passenger and Carrier. The Cruise Ticket may be amended only by a writing signed by Passenger and Carrier, and no representations or conditions contained in Carrier's advertisements, notices, pamphlets, booklets or other literature, or made by any of Carrier's employees or Agents shall in any way affect or modify Carrier's liability. If any term or provision of the Cruise Ticket is invalid or unenforceable, the remaining terms and provisions of the Cruise Ticket shall remain in full force and effect. The captions to the various provisions hereof are for convenience only, and shall not be interpreted to restrict or limit any such provision.