Terms and Conditions
THIS PASSAGE CONTRACT IS A LEGALLY BINDING CONTRACT ISSUED BY SILVERSEA CRUISES TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDIT IONS APPEARING BELOW. READ ALL PAGES CAREFULLY. YOUR ATTENTION IS DIRECTED TO THESE CONDITIONS, ESPECIALLY PARAGRAPHS 10-14 & 17, WHICH CONTAIN IMPORTANT LIMITATIONS ON RIGHTS OF GUESTS TO ASSERT CLAIMS AGAINST THE CRUISE LINE, VESSEL, RELATED ENTITIES, OR THEIR AGENTS OR EMPLOYEES.
CARRIER’S LIABILITY IS LIMITED TO THE TERMS AND CONDITIONS OF THIS PASSAGE CONTRACT. IT IS VERY IMPORTANT THAT YOU READ AND FULLY UNDERSTAND THESE LIMITATIONS OF LIABILITY (PARTICULARLY PARAGRAPHS 10-14 (LIMITING YOUR RIGHTS TO SUE AND RECOVER FROM CARRIER) & 17 (GOVERNING THE PROVISION OF MEDICAL AND OTHER PERSONAL SERVICES ON BOARD). PLEASE NOTE THAT ACCEPTANCE OF THE TICKET REPRESENTS ACCEPTANCE OF ALL CONDITIONS HEREIN.
A. The terms ‘You” and “Passenger” mean the person(s) purchasing or accepting this Passage Contract (hereinafter “Ticket”) or anyone who uses it or persons in their care. The benefits and limitations of the Ticket shall equally apply and be effective against any claims brought by the heirs, representatives or assigns of Passengers.
B. The term “Carrier” includes Silversea Cruises Ltd., the ship named on this Ticket (or any substitute ship), the ship’s owners, operators, managers and charters and all launches and craft belonging to any such ship or owned or operated by its owners, operators, managers, or charterer.
C. The term “Voyage” means the voyage from the port of departure to the port of disembarkation listed herein.
D. The term "Optional Package Programmes" means, individually and collectively, the Silver SKY Air Programme, the Land Programme and Hotel and Silver Sights Programmes, unless otherwise indicated.
2. RIGHTS RESERVED AND LIMITS OF RESPONSIBILITY
Carrier reserves the right to alter the ship’s advertised route, to delay any sailing, substitute another vessel for the scheduled ship, or substitute or cancel scheduled ports of call as necessary. Additionally, Carrier reserves the right to cancel reservations and bookings whether or not a deposit has been received. In such an event, Carrier’s only liability will be to refund to the Passenger the amount it has received. Carrier makes arrangements for transportation, other than ocean passage, only as a booking agent. Carrier’s responsibility does not extend beyond the vessel.
Carrier arranges transportation of Passengers to and from the ship with independent contractors as a courtesy to Passengers, and shall not be responsible for incidents arising there from, such as, but not limited to, airline cancellations, re-routings or any disruption of scheduled services or accommodations, or additional penalties and/or fees assessed for voluntary changes, cancellations and/or excess baggage or loss of or damage to property or personal injury or death occurring during such transportation to or from the vessel.
3. CRUISE FARE
Unless otherwise specified, the cruise-only fare paid by Passengers covers most shipboard services including suite accommodations, all meals and entertainment. Also included are: all gratuities, a special shore event on select sailings and some complimentary beverages (including soft drinks, house selection of beer, wines, champagnes and spirits). Not included in the cruise-only fare are: port charges, government fees and taxes, optional shore excursions, meals ashore unless noted, accommodations while ashore, laundry or valet services, purchases from the ship boutiques, fuel or security surcharges, any item or service of a personal nature such as massages, spa treatments, hair styling, manicures and medical care. Some champagne, premium wine and spirit selections, caviar and cigars are not included in your fare.
Under normal conditions the cruise-only fare is guaranteed at the time of booking. However, the fare that you pay is determined far in advance of initial departure on the basis of then-existing projections of fuel and other costs. In the event of any significant change in such costs beyond our control, including but not limited to increases in the price of fuel, currency fluctuations affecting our costs, increases in government taxes or levies, or increased security costs, Silversea reserves the right to surcharge the passengers to cover such unexpected costs. Silversea has the right to refuse to transport passengers unless the additional surcharge is paid in advance of the initial departure.CRUISE-ONLY PASSENGERS
For cruise-only Passengers embarking and/or disembarking a voyage in Ushuaia, Argentina, charter air service between Buenos Aires, Argentina or Santiago, Chile and Ushuaia, Argentina is not included in the cruise fare. All cruise-only Passengers embarking and/or disembarking a voyage in Ushuaia, Argentina are required to purchase Carrier's all-economy class charter air service between Buenos Aires, Argentina (Santiago, Chile on select voyages) and Ushuaia, Argentina, regardless of flight utilization (the "Ushuaia Charter(s)"). Cruise-only Passengers embarking and/or disembarking a voyage In Ushuaia, Argentina will be automatically invoiced for the Ushuaia Charters. The Ushuaia Charters include transfers in Ushuaia, Argentina between the airport and pier, on day of embarkation and disembarkation. Ushuaia Charters may only be cancelled upon complete cancellation of the cruise reservation and is 100% non-refundable 60 - 0 days prior to the initial sailing date. Flight times are subject to change without notice. Not included in the Ushuaia Charter fares are: port charges, government fees and taxes, transportation pre- and/or post-cruise to and/or from the applicable airport in Buenos Aires, Argentina and/or Santiago, Chile for which the Ushuaia Charter(s) will depart from/to (except when applicable to the Silver SKY Air Programme, if purchased), Ushuaia Charter(s) are all-economy class and upgrades are not offered.
SILVER SKY AIR PROGRAMME
The Silver SKY Air Programme is optional and includes roundtrip economy air transportation from select U.S. and Canadian gateways and transfers between the airport and pier on day of embarkation/disembarkation, unless otherwise indicated. The Silver SKY Air Programme add-on may be requested in Economy Plus, Business class or First class, and may only be confirmed subject to availability and upon additional payment by Passenger of the applicable airfare for the class of service purchased. The Silver SKY Air Programme is sold as a package and Passengers electing not to use any portion do so voluntarily. No refund will be made by Carrier on unused package components. The Silver SKY Air Programme is subject to availability at the time of booking. In the event airlines raise their rates and/or impose surcharges, Carrier reserves the right to increase the Silver SKY Air Programme rates to pass along these increases to Passenger.
For those Passengers purchasing the Silver SKY Air Programme and embarking and/or disembarking a voyage in Ushuaia, Argentina, the Ushuaia Charter fare is included in the Silver Sky Air Programme fare. In the event a Passenger cancels the Silver SKY Air Programme and not their cruise reservation, Passenger will be required to purchase the Ushuaia Charter as referenced above.
Travel agents are considered to be the agent of Passenger and not of Carrier. Carrier is not liable for any representation, act or omission of Passenger’s travel agent. Passenger’s cruise fare is not considered paid until Carrier receives full payment, and the amount thereof is subject to change at any time prior to Carrier’s receipt of payment.
4. TICKET NON-TRANSFERABLE
This Ticket is valid only for the Voyage indicated on the Ticket and may not be sold, transferred or assigned by Passengers. Carrier shall not be liable to make any refund to Passengers for lost Tickets or Tickets wholly or partially not used by a Passenger. The Terms and Conditions of this Ticket are binding on, and confer benefits to, the Passenger, the Passenger’s spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. The Passenger represents and warrants that he/she is duly authorized by and on behalf of all Passengers (including children) named on this Ticket to agree to all of the Terms and Conditions of this Ticket and to bind all such Passengers to such Terms and Conditions.
5. CANCELLATION BY PASSENGER
If you find it necessary to cancel your reservation or any component thereof, you or your travel agent are required to contact the Silversea Reservations Department by telephone as well as submit your cancellation in writing. If your cancellation request is received more than 120-days prior to your initial sailing date, a full refund of the amount already paid to Silversea will be made. Cruise tickets must be returned to Silversea before refunds (if owed) can be processed. Cruise cancellation requests received within 120-days of the initial sailing date will be subject to the following charges, in addition to any other charges set forth in this Ticket, regardless of suite resale:
120-91 days prior to the initial sailing date $200 per person
Carrier’s cancellation penalties are strictly enforced. No refund or adjustment will be made in the event of interruption or cancellation of the cruise vacation after the commencement of same. Passengers canceling Optional Package Programmes within 60-days prior to departure are subject to cancellation penalties of 100% plus any additional costs incurred by Carrier. Passengers opting to make changes to Optional Package Programmes, with the exception of the Silver SKY Air Programme, within 60-days of cruise departure will incur a $200 per guest non-refundable administrative fee. A $100 non-refundable per person administrative fee will be applied for all changes made to the Silver SKY Air Programme within 60-days of the sailing date.
6. UNSCHEDULED EMBARK/DISEMBARK
International cabotage laws may prohibit Passengers from embarking or disembarking their Voyage in any port except the main scheduled embarkation and disembarkation ports. If you choose to embark/disembark your Voyage at an unscheduled embark/disembark port, you may incur additional charges intended to cover any fine or penalty levied against Carrier, and any other additional costs.
7. PASSENGER RESPONSIBILITY
Passengers shall arrange to be at Carrier’s pier in the initial port of embarkation (or airport if embarking a voyage in Ushuaia, Argentina and traveling on a Ushuaia Charter) at least two (2) hours before the appointed sailing time (or flight departure) in order to have sufficient time to check their baggage and to have their Tickets and other documentation examined. At the time of embarkation or enplanement, the Passenger is responsible for having received all medical inoculations necessary for the Voyage and having in their possession this Ticket, valid passports, visas, medical card and any other travel and health documents necessary for the scheduled ports of call and disembarkation. Passengers must retain all necessary documents throughout the Voyage. If any Passenger fails to obtain and to have such documents, that Passenger may be denied boarding and accommodation by Carrier or the Passenger may be disembarked during the Voyage and Carrier will not make a refund or be otherwise liable to any Passenger for such denial of boarding or disembarkation. It is the responsibility of each Passenger to determine what travel documents, visas, and medical inoculations are required for all ports of call on the scheduled itinerary and Carrier shall have no responsibility to provide such information to Passengers. In the event Carrier as a courtesy to Passengers provides information or advice as to necessary travel documents, visas and medical inoculations, Passengers are still obligated to verify such information with the appropriate government authorities and Carrier does not warrant or guarantee the accuracy of such information. It is also the responsibility of each Passenger to comply without delay with the requirements of all immigration, port, health, customs and police authorities, and all other laws and regulations of each country or state from or to which the Passenger will travel. The Carrier shall not be liable to insure Passenger’s compliance or for Passenger’s failure to comply. Passengers must reimburse the Carrier for any resulting expenses or fines that it may incur in such circumstances.
In the event that the government in a scheduled port of call denies Passengers from entering, going ashore or disembarking due to the nature or content of their passport or visa or for any other reason whatsoever, Passenger understands that he/she may not be permitted to embark, disembark or go ashore in that country and that Carrier cannot be held responsible if Passenger is unable to embark the vessel as scheduled, Passenger is disembarked during the Voyage or Passenger is required to stay on board during the call.
8. RULES AND REGULATIONS
Passengers shall comply with and abide by all of the rules and regulations of Carrier, the ship’s articles, and the orders and directions of the Captain and the ship’s other officers. The Carrier, the Captain and the ship’s other officers have the right to use all reasonable means to enforce such rules and regulations, including, but not limited to, removal of Passengers from the ship. The Carrier and the Captain shall have the right to deny boarding or remove a passenger from the ship for any reason and Carrier will not make a refund or otherwise be liable to the passenger.
9. PASSENGER INDEMNITY
Each Passenger shall be responsible to Carrier for, and shall indemnify Carrier against, all damage to the ship, breakage of any fixtures on the ship and the rigid inflatable boats (hereinafter the "RIBs" or "Zodiacs"), and any other losses or expenses which Carrier may incur (including, any penalties, fines, charges, attorney’s fees, losses or expenses incurred or imposed upon Carrier) arising out of Passenger's presence onboard or any conduct or activity undertaken by, or any omission of, that Passenger. Passengers shall neither pay nor receive any general average contribution with respect to any property.
Carrier has the right to use photographic or video images of Passengers taken aboard ship or otherwise during your cruise for marketing or other purposes, unless a Passenger specifically requests in writing prior to boarding that his or her image not be used for such purposes.
10. LIABILITY LIMITATIONS FOR LOSS OF OR DAMAGE TO PROPERTY
IMPORTANT NOTICE - PLEASE READ
CARRIER IS NOT LIABLE FOR LOSS OF OR DAMAGE TO ANY OF PASSENGER’S PROPERTY UNLESS DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CARRIER. THE PASSENGER ASSUMES THE NORMAL RISKS OF TRAVEL BY SEA. IN NO EVENT SHALL CARRIER BE LIABLE TO YOU WITH RESPECT TO ANY LOSS OR DAMAGE TO PROPERTY TAKING PLACE OTHER THAN ON THE SHIP OR LAUNCHES OWNED OR OPERATED BY CARRIER. UNLESS A PASSENGER PURCHASES CARRIER’S GUESTCARE TRAVEL INSURANCE PROGRAM AS SET FORTH IN CARRIER’S VOYAGE PLANNER, THE TOTAL VALUE OF ALL LUGGAGE, VALUABLES AND/OR OTHER PERSONAL BELONGINGS OF A PASSENGER SHALL NOT BE DEEMED TO EXCEED THE AMOUNT OF 833 SPECIAL DRAWING RIGHTS PER PASSENGER, WHICH IS EQUAL TO APPROXIMATELY US $1,316 (AS OF JANUARY 2008) PER PASSENGER, AND CARRIER’S LIABILITY, IF ANY, FOR LOSS OF OR DAMAGE TO ALL SUCH PROPERTY IS LIMITED TO A MAXIMUM OF US $1,316 PER PASSENGER. CARRIER IS NOT RESPONSIBLE FOR LOSS OF OR DAMAGE TO JEWELRY, WATCHES, CASH, PRECIOUS STONES AND METALS, SECURITIES, FINANCIAL INSTRUMENTS, NEGOTIABLE PAPER, FILM, BINOCULARS, EYEGLASSES, PROFESSIONAL OR TRADE EQUIPMENT, COMPUTERS OR PHOTOGRAPHIC EQUIPMENT. CARRIER’S LIMIT OF LIABILITY ALSO PERTAINS TO ITEMS DEPOSITED IN THE SHIP’S SAFE DEPOSIT BOXES AND/OR ITEMS PLACED IN PASSENGERS’ IN-SUITE SAFES. HAND OR UNLOCKED BAGGAGE, BREAKABLES AND VALUABLES, INCLUDING ALL ITEMS LISTED IN THE PARAGRAPH ABOVE, MUST BE HAND CARRIED BY PASSENGERS ON AND OFF THE SHIP; ARE THE FULL RESPONSIBILITY OF THE PASSENGER AT ALL TIMES; AND MAY NOT BE INCLUDED WITH CHECK-IN BAGGAGE. CARRIER SHALL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE TO SUCH ITEMS. UNDER NO CIRCUMSTANCES MAY DANGEROUS OR ILLEGAL ITEMS OR SUBSTANCES (E.G., EXPLOSIVES, FIREARMS, LIQUID OXYGEN, COMBUSTIBLE OR ILLEGAL SUBSTANCES) BE TAKEN ABOARD THE SHIP. PASSENGERS SHALL BE RESPONSIBLE TO PRE-NOTIFY CARRIER IF THERE IS ANY QUESTION AS TO THE PERMISSIBILITY OF TAKING ANY ITEM OR SUBSTANCE ABOARD THE SHIP. (Special Drawing Rights is a monetary unit specified by the International Monetary Fund whose exchange rate fluctuates periodically. The current exchange rate is published regularly in various international financial newspapers including the Wall Street Journal.)
11. LIABILITY LIMITATION FOR LOSS OF LIFE OR PERSONAL INJURY
IMPORTANT NOTICE - PLEASE READ
CARRIER IS NOT LIABLE FOR INJURY, ILLNESS, OR DEATH OF ANY PASSENGER UNLESS DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CARRIER. THE PASSENGER ASSUMES THE NORMAL RISKS OF TRAVEL BY SEA. IN NO EVENT SHALL CARRIER BE LIABLE TO YOU WITH RESPECT TO ANY OCCURRENCE TAKING PLACE OTHER THAN ON THE SHIP OR LAUNCHES OWNED OR OPERATED BY CARRIER. PRE- AND POST-CRUISE TOURS, SHORE EXCURSIONS, AND ANY AND ALL CONNECTING GROUND, VESSEL OR AIR TRANSPORTATION AND OTHER TOURS MAY BE OWNED AND/OR OPERATED BY INDEPENDENT CONTRACTORS AND CARRIER MAKES NO REPRESENTATIONS AND ASSUMES NO RESPONSIBILITY FOR THEM (SEE ALSO PARAGRAPH 12). NOTHING IN THIS TICKET IS INTENDED TO, NOR SHALL OPERATE TO LIMIT OR DEPRIVE CARRIER OF ANY SUCH STATUTORY LIMITATION OF OR EXONERATION FROM LIABILITY, OR OF THE BENEFITS OF ANY STATUTE OR LAW OF ANY COUNTRY OR STATE WHICH MIGHT BE APPLICABLE TO PROVIDING FOR EXONERATION FROM LIABILITY OR LIMITATION OF CARRIER’S LIABILITY, INCLUDING 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 STATUTES OF THE UNITED STATES OF AMERICA AS SET FORTH AT TITLE 46 U.S. CODE SECTIONS 30501 THROUGH 30509 AND 30511. NOTWITHSTANDING AND/OR IN ADDITION TO THE APPLICABILITY OF ANY OF THE FOREGOING STATUTORY OR LEGAL LIMITATIONS OF LIABILITY, IMMUNITIES AND RIGHTS, FOR ALL VOYAGES WHICH NEITHER EMBARK, DISEMBARK NOR CALL AT A UNITED STATES PORT, CARRIER SHALL AT ALL TIMES BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS SPECIFIED UNDER THE “CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974 (AS AMENDED BY THE 1976 “PROTOCOL TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA”) (HEREINAFTER “ATHENS CONVENTION”), WHICH EXPRESSLY LIMITS CARRIER’S MAXIMUM LIABILITY FOR THE DEATH OF OR PERSONAL INJURY TO A PASSENGER TO 46,666 SPECIAL DRAWING RIGHTS PER PASSENGER,THAT IS EQUAL TO APPROXIMATELY US $73,732 (AS OF JANUARY 2008). (Special Drawing Rights is a monetary unit specified by the International Monetary Fund whose exchange rate fluctuates periodically. The current exchange rate is published regularly in various international financial newspapers including the Wall Street Journal.)
EACH PASSENGER AGREES TO INDEMNIFY CARRIER FOR ANY DAMAGES, LIABILITIES, LOSSES, PENALTIES, FINES, CHARGES OR EXPENSES INCURRED OR IMPOSED UPON CARRIER AS A RESULT OF ANY ACT, OMISSION OR VIOLATION OF LAW BY THE PASSENGER OR ANY MINOR PASSENGER FOR WHOM THE PASSENGER IS RESPONSIBLE.
12. INDEPENDENT CONTRACTORS/LIMIT OF LIABILITY; SHORE EXCURSIONS, LAND TOURS, LECTURES AND PERSONALITIES
A. The Passenger shall have no right to any refund and Carrier shall have no obligation or liability of any kind to the Passenger for acts or omissions in connection with or arising out of arrangements with independent contractors because they are not agents or employees of Carrier. Arrangements with independent contractors include, but are not limited to the following: services or products available for the Passenger’s convenience on board the ship and furnished by doctor(s), dentist(s), nurse(s), clergy, barber(s), hairdresser(s); manicurist(s); masseur(s); spa operator(s); entertainer(s); bridge instructor(s); lecturer(s); golf pro/host(s); photographer (s) and other; ii) services, products or transportation provided elsewhere than aboard the ship which are furnished by others in connection with air transportation, including Ushuaia Charters, sightseeing tours, pre-cruise and post-cruise land packages, excursions and shore trips, including, but not limited to tender service, whether arranged or organized by tour operators, travel agents or through Carrier.
B. Shore excursions at some ports of call are offered for purchase on board, subject to availability. On some itineraries, a complimentary shore excursion may be offered. When shore excursions and land tours are operated by independent contractors, Carrier acts only as an agent in booking them and shall not be responsible for loss, injury or death arising out of any service provided. These independent contractors may impose additional limitations of liability.
C. The independent contractors shall be entitled to charge for any products sold, services rendered or transportation provided to the Passenger either directly or through Carrier.
D. Some optional pre-and/or post-cruise tours, shore excursions or special events are subject to cancellation if a minimum number of participants is not achieved. Lecturers, guest personalities, hosted cruises and entertainers are subject to change and/or cancellation.
E. Independent Contractors are entitled to all limitations and protections afforded to the Carrier under this Ticket.
13. PERSONAL INJURY AND OTHER CLAIMS/NOTICE REQUIREMENTS/TIME LIMITS
A. ANY INCIDENT OR ACCIDENT RESULTING IN INJURY, ILLNESS, OR DEATH TO THE PASSENGER MUST BE REPORTED IMMEDIATELY TO THE SHIP’S OFFICER. CARRIER WILL NOT BE LIABLE THEREFORE EXCEPT AS PROVIDED BY LAW AND THEN ONLY IF A DETAILED WRITTEN CLAIM IS PRESENTED TO CARRIER WITHIN SIX (6) MONTHS AFTER THE DATE OF THE INCIDENT OR ACCIDENT AND SUIT FILED BY PASSENGER WITHIN ONE (1) YEAR OF THE INCIDENT OR ACCIDENT ALLEGED TO HAVE CAUSED THE INJURY, ILLNESS, OR DEATH.
B. CARRIER WILL NOT BE LIABLE FOR ANY OTHER CLAIM AGAINST CARRIER, INCLUDING BUT NOT LIMITED TO CLAIMS RELATING TO A PASSENGER’S BAGGAGE OR ANY OF HIS OTHER PROPERTY “EXCEPT” AS STIPULATED IN THIS TICKET, OR OTHERWISE PROVIDED BY LAW, AND THEN ONLY IF A DETAILED WRITTEN CLAIM IS PRESENTED TO CARRIER WITHIN THIRTY (30) DAYS AND SUIT FILED BY PASSENGER WITHIN ONE (1) YEAR AFTER THE PASSENGER’S ARRIVAL AT THE FINAL PORT LISTED ON THE TICKET, OR IN THE CASE OF NON-ARRIVAL, FROM THE DATE ON WHICH THE PASSENGER SHOULD HAVE ARRIVED. ANY SUCH LAWSUIT MUST BE BROUGHT BY OR ON BEHALF OF THE INDIVIDUAL PASSENGER CONCERNED.
C. IF A WRITTEN CLAIM IS NOT MADE AND SUIT IS NOT FILED WITHIN THE TIME PROVIDED IN THIS ARTICLE, THEN THE PASSENGER WAIVES AND RELEASES ANY RIGHT HE MAY HAVE TO MAKE ANY CLAIM AGAINST CARRIER ARISING UNDER, IN CONNECTION WITH, OR INCIDENT TO THIS TICKET OR THE CRUISE VOYAGE.
14. LIMITATION ON EMOTIONAL DISTRESS DAMAGES
CARRIER SHALL NOT BE LIABLE TO PASSENGERS 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 NEGLIGENCE OF CARRIER AND RESULTED FROM THE SAME PASSENGER SUSTAINING ACTUAL PHYSICAL INJURY OR HAVING BEEN AT RISK OF ACTUAL PHYSICAL INJURY, OR WHEN SUCH DAMAGES ARE HELD TO BE INTENTIONALLY INFLICTED BY CARRIER.
15. ITINERARY/CHANGES/SUBSTITUTION OF VESSELS
Passengers acknowledge that the scheduled itinerary for the Voyage and the announced departure and arrival times are not guaranteed. The Carrier reserves the right to substitute another vessel for the scheduled ship whether or not owned or operated by Carrier. Any part of this itinerary is subject to delay, modification, or port-of-call cancellation for any reason, including but not limited to, stress of weather, exigencies of safe navigation, navigation through regulated waters, ports and channels, force majeure, acts of God, labor conflicts, hostilities, blockages, strikes aboard or ashore, breakdown of the ship, or any other cause. If necessary in the sole discretion of Carrier, Carrier may substitute ports-of-call or otherwise make itinerary changes. Carrier shall not be liable to Passengers for any damages or other claims in the event of any delay or changes in itinerary as described in this paragraph.
16. HINDRANCE OF PERFORMANCE OF VOYAGE
If the performance of the Voyage or any portion thereof is hindered or prevented (or in the opinion of Carrier or the Captain is likely to be hindered or prevented) by way of or due to force majeure, breakdown of the ship, war hostilities, blockades, prevailing weather conditions, labor conflicts, strikes aboard or ashore, restraint of Governments (or Departments thereof) or Rulers, acts of God, docking difficulties, congestion, customs or immigration restrictions attributable to the travel documents, health certificates, or nationalities of persons onboard, or any other cause beyond the control of Carrier, the Voyage may be cancelled in whole or in part or terminated early, or the itinerary may be modified in such a manner as the Carrier deems to be appropriate under the circumstances, and Carrier shall have no liability to Passengers as a result of such cancellation, termination or modification. Also, in the event Carrier is informed that its vessel or Passengers may be delayed, detained or denied entrance into any port due to the presence onboard of any individual, regardless of the reason for such potential delay, detention or denial, Carrier in its sole discretion may disembark any Passenger whose presence onboard may cause such potential delay, detention or denial and Carrier will not make a refund or be otherwise liable to Passenger in such circumstances, nor shall Carrier be responsible for the lodging, food, return transportation or any other expenses incurred by said Passenger in connection with such premature disembarkation from the vessel. It shall be the sole responsibility of Passenger to determine whether Passenger may be delayed, detained or denied entry into any port upon which the vessel may call.
17. HEALTH AND MEDICAL MATTER/RESPONSIBILITY OF PASSENGER TO INFORM CARRIER OF HEALTH CONDITIONS OR PHYSICAL OR MENTAL LIMITATIONS
Each Passenger acknowledges and voluntarily accepts and assumes the risks inherent in travel by sea, including the risk that advanced medical attention or emergency medical disembarkation may be delayed or impossible due to the location of the vessel, prevailing weather conditions or other circumstances. Passenger represents and warrants that he is physically and otherwise fit to travel on the Voyage. All Passengers are required to report to Carrier at the time of booking, and follow-up in writing, any of the following:
A) Any physical or mental condition that may require medical or professional treatment or attention during the Voyage;
Expectant mothers are required to supply a medical certificate establishing their fitness for travel. Carrier is unable to accommodate women who have entered their twenty fourth (24th) week of pregnancy and will not be responsible or liable for any complication relative to any pregnancy during the entire duration of the cruise.
BY ACCEPTANCE OF THIS TICKET, THE PASSENGER HEREBY RELEASES CARRIER FROM ANY AND ALL LIABILITY FOR ANY INJURY OR DAMAGE CONNECTED WITH THE VOYAGE WHICH IS PROXIMATELY CAUSED BY A PRE-EXISTING DISABILITY OR OTHER MEDICAL CONDITION. MEDICAL SERVICES ARE PROVIDED SOLELY FOR THE PASSENGER’S CONVENIENCE. A REASONABLE CHARGE MAY BE IMPOSED FOR SUCH SERVICES. DOCTOR(S), NURSE(S) AND/OR DENTIST(S) (HEREAFTER COLLECTIVELY “MEDICAL PERSONNEL” ARE INDEPENDENT CONTRACTORS SOLELY LIABLE FOR THEIR ACTS, AND CARRIER SHALL NOT BE LIABLE FOR ANY INJURY OR DAMAGES ARISING OUT OF THE CONDUCT OR ACTIONS OF THE MEDICAL PERSONNEL. EACH PASSENGER HEREBY CONSENTS TO TREATMENT BY THE SHIP’S MEDICAL
At any port, including the initial port of embarkation, Carrier shall have the absolute right to decline to carry and/or to disembark any Passenger if he is suffering from a contagious disease, if his health or physical or mental condition otherwise renders him, in the opinion of Carrier or the shipboard Medical Personnel unfit to travel, or if the Passenger will enter the twenty fourth (24th) week of pregnancy by the completion of the cruise, or if his presence may, in the opinion of Carrier be detrimental to the comfort or safety of the other passengers or presents a risk of harm either to himself or to the other passengers and the crew on the ship. Carrier shall not be liable for declining to carry or disembarking any such Passenger. In case of quarantine, the Passenger must personally bear all resulting risks and expenses, including the cost of maintenance during the period of detention. Carrier shall not be required to refund any portion of the cruise fare paid by any Passenger who may be denied boarding or who must leave the ship before the end of the Voyage for medical reasons, nor shall Carrier be responsible for the lodging, food, return transportation or other expenses incurred by said Passenger in connection with such premature departure.
18. ACCOMMODATION OF CHILDREN
Carrier is unable to accommodate children less than one (1) year of age onboard the ship and reserves the right to limit the number of children less than three (3) years of age aboard the ship. No children under the age of six (6) years will be allowed onboard Zodiacs. Children under the age of six (6) years will be unable to participate in any expeditions which require the use of Zodiac transfer to go ashore. Any child under the age of eighteen (18) years of age must be accompanied by a parent or other responsible adult over the age of twenty-one (21) years. In addition, if the adult accompanying this child is not a parent, a “Parental Consent Guardianship Form” must be signed by parent or legal guardian and received by Carrier prior to sailing. Children under eighteen (18) years of age may not consume alcoholic beverages aboard the vessel and are not permitted in the ship’s casino.
No childcare services will be provided on board the ship.
19. OFF-SHIP, SPORTS & RECREATIONAL ACTIVITIES, EXPEDITION EXCURSIONS AND EQUIPMENT
In consideration of his payment of the cruise fare, each Passenger, unless otherwise provided herein, will have the option to utilize Company furnished equipment and to participate in various sports and recreational activities and expedition excursions off, under, around, about and in the environs of the ship and locations visited during the cruise. These activities include but are not limited to zodiac transfers, fishing, kayaking, snorkeling, swimming, hiking and extensive walking (collectively "Off-ship Activities"). The Passenger acknowledges that: (a) there are risks and dangers involved in his participation in Off-ship Activities and that these are dangerous activities that can result in serious injury or death; (b) Carrier can in no way guarantee the safety or welfare of Passengers in any off-ship activities and that Carrier is merely providing equipment and instruction to enhance the Passenger's enjoyment; (c) Passengers shall knowingly and voluntarily assume the risk of and shall indemnify Carrier against any claims made by or on his behalf as a result of using Carrier's equipment and participating in Off-ship Activities; (d) Passengers shall acquire the training necessary to participate in Off-ship Activities and shall follow the rules and procedures maintained by Carrier; and (e) the Carrier shall accept no responsibility for Passenger's failure to abide by governmental rules, regulations and restrictions concerning Off-ship Activities. All Passengers will be required to sign an Indemnity and Release before being allowed to participate in any Off-ship Activity. Any Passenger unwilling to sign an Indemnity and Release will be unable to participate in any Off-ship Activities.
Any and all payments by Passengers to Carrier for the service provided aboard the ship shall be made in U.S. currency or in such other currency as is acceptable to the respective payee. All amounts payable to Carrier or any such service providers shall be paid before final disembarkation from the ship. A 2% transaction fee will be charged for all cash advances.
21. CHOICE OF LAW/PLACE OF SUIT
It is agreed by and between You and the Carrier that any and all disputes and matters whatsoever arising under, in connection with, or incident to this Ticket or your cruise shall be litigated if at all, in and before the United States District Court for the Southern District of Florida in Broward County, Florida, USA. The matter shall be brought solely under the United States District Court for the Southern District of Florida's Admiralty jurisdiction pursuant to 28 U.S.C. §1333 and shall be tried by the court WITHOUT A JURY. All such disputes and matters shall be governed by the maritime law of the United States of America, and all other laws and treaties cited in this Ticket, without regard to its conflicts of law provisions. Should the requirements for notice of claims and filing of suits set forth in this Ticket, or as contained in the laws of the United States of America, be held not to apply with respect to claims for loss or damage to baggage and other personal property or personal injury or death, then the limitations of liability as contained in the Athens Convention shall apply.
Should any provisions of this Ticket be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision, or part thereof, shall be deemed to be severed from this Ticket and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of this Ticket are for convenience of reference only and shall not define or limit any of the terms or provisions thereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular the plural and vice versa. The officers, employees and agents of Carrier, independent contractors, and, if not included in such group, the officers and crew of the ship shall have the benefit of any limitations of liability to Passenger set forth in this Ticket.
23. WARRANTIES/CONSEQUENTIAL DAMAGES EXCLUDED
ALL WARRANTIES INCLUDING WARRANTIES OF FITNESS FOR USE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED FROM THIS AGREEMENT.CARRIER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
24. WRITTEN NOTICES
Except as otherwise expressly provided in this Ticket, all written notices to Carrier required by this Ticket must be mailed, postage pre-paid, to Silversea Cruises Ltd., 110 East Broward Boulevard, Fort Lauderdale, Florida, 33301.
25. THIS IS A CONTRACT/ENTIRE AGREEMENT. THE PROVISIONS OF THIS TICKET REPRESENTS THE ENTIRE AGREEMENT AND A BINDING CONTRACT BETWEEN THE PASSENGER AND CARRIER. THE PASSENGER’S ACCEPTANCE OF THIS TICKET CONSTITUTES THE PASSENGER’S CONSENT TO THESE PROVISIONS. THESE PROVISIONS SUPERSEDE ANY ORAL OR WRITTEN REPRESENTATIONS. ANY CHANGE IN THESE PROVISIONS MUST BE IN WRITING AND SIGNED BY A DULY AUTHORIZED LEGAL REPRESENTATIVE OF CARRIER.