Terms
& Conditions
IMPORTANT
NOTICE TO GUESTS: THIS DOCUMENT IS THE CONTRACT BETWEEN YOU
AND CARRIER AND CONTAINS IMPORTANT LIMITATIONS ON YOUR RIGHTS.
THIS IS A LEGALLY BINDING DOCUMENT. PLEASE READ CAREFULLY ALL
THE TERMS OF THIS CONTRACT, PAYING PARTICULAR ATTENTION TO SECTIONS
8 THROUGH 10 AND RETAIN IT FOR YOUR FUTURE REFERENCE.
1. Introduction
2. Definitions
3. Travel agents
4. Guest responsibilities
and representations
a.
General
b.
Guest's interruption of voyage, quarantine
c.
Rules and regulations, compliance with law
d.
Unauthorized stopovers or disembarkation
5.
Infants and minors
6. Cancellation prior
to embarkation
7.
Carrier's cancellation, deviation or interruption of cruise;
change in accommodations
8. Carrier's limitations
of liability
a.
Health, medical care, shore excursions and other services
b.
Excluded losses
c.
Baggage and personal effects
d.
Liability limitations
e.
Limitations of certain damages
9.
Time limits for claims/lawsuits
10.
Suits or litigation of any kind and venue
11.
Interpretation of contract, other laws
12.
Warranties and consequential damages
13.
Guest safety
14.
Sports & recreational activities and equipment
15. Smoking
policy on SeaDream
1.
INTRODUCTION
This
Contract contains all the terms of agreement between you and
Carrier. The acceptance and/or use of this Contract by the
person named hereon as Guests shall he deemed to be an acceptance
and agreement by each of them of all of the terms and conditions
herein. The person purchasing or accepting the Contract represents
that he/she is authorized by all named Guests, including any
minor, to accept and agree to be bound by all the terms and
conditions of the Contract. This contract is not transferable
and you may not sell or assign it. It is valid only on the
Yacht and for the voyage indicated. This contract may not
be modified except in writing signed by Carrier. The terms,
conditions and limitations herein shall apply to any and all
disputes between you and Carrier regardless whether arising
aboard the Yacht or in any other place, location or mode of
transportation whatsoever. All rights, defenses, disclaimers
and limitations of liability set forth herein shall inure
to the benefit of the Carrier and all concessionaires, independent
contractors or other providers of any services or facilities
in connection with or incident to the Guest's cruise, as well
as any of their affiliated or related companies, parents,
subsidiaries, successors, assigns or fictitiously named entities;
and all suppliers, shipbuilders, component part manufacturers;
and their owners, operators, managers, charterers, agents,
pilots, officers, crew, employees and vessels.
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2.
DEFINITIONS
(A) "Carrier"
means and includes the owner, SeaDream Yacht Club AS, a Norwegian
corporation; the Operator, SeaDream Yacht Club Limited, a
Bahamian registered corporation; the named Yacht; and its
or their affiliates, officers, directors, management, employees,
agents, charterers and tenders.
(B) "You,
Your, Guest" means the person(s) purchasing, accepting
or using this Contract or who board(s) the Yacht or those
in their care, and includes and binds their heirs, successors
in interest and personal representatives. Throughout this
Contract, use of the singular includes the plural and use
of the masculine includes the feminine.
(C) "Cruise"
means the voyage from the port of departure to the final port
of disembarkation, including any rail, road or sea port, any
land accommodation components or package sold with, or included
in the price of or taken in connection with the Cruise, any
shore excursions or shore side facilities related to or offered
during the Cruise, and all transportation to or from the cruise
if purchased through or arranged by Carrier.
(D) "Cruise
Fare" means the amount actually received by the Carrier
for your cruise. It covers the Cruise package, optional use
and enjoyment of Carrier-furnished sports and recreational
equipment, scheduled meals and accommodations while on board,
air supplements if arranged through Carrier and, if you are
participating in any pre-embarkation program, transfers to
and from the yacht. Cruise fare does not include Government
taxes and fees imposed or sanctioned by any Government, foreign
or domestic. These charges are in addition to the Cruise Fare
and include but are not limited to Guest Facility Charges,
Security Surcharges, Fuel Surcharges, International Guest
Departure or Arrival Tax, Customs User Fee, Immigration Fee
and Agricultural Inspection Fee. Cruise fare does not include
shipboard services or amenities for which an additional charge
is imposed, medical care, shore excursions, optional travel
or baggage insurance, or pre or post-cruise hotel expenses
and meals not purchased through Carrier as part of your cruise
package. The Cruise Fare has been determined far in advance
of the cruise departure date on the basis of then existing
projections of fuel and other costs. In the event of an increase
in fuel or other costs above amounts projected, Carrier has
the right to increase the fare at any time up to the cruise
departure date and to require payment of the additional fare
prior to cruise departure. Carrier has the right to refuse
to transport you unless the additional fare is paid. Within
seven (7) days after you are notified of the additional fare
(but no later than the cruise departure date), you may elect
to surrender this contract to us for cancellation, whereupon
you will receive a full refund of the cruise fare only. Cancellation
fees do not apply to this type of refund.
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3.
TRAVEL AGENTS
Any
travel agent utilized by Guest in connection with the issuance
of this ticket or otherwise making arrangements for air transportation,
shore excursions, tours, land, air, or local water transportation
or shoreside accommodations and meals, provides such services
solely for you, and not for Carrier, as an independent contractor.
Carrier accepts no responsibility for any representations,
acts, omissions, the financial condition or integrity of any
travel agent utilized by Guest in connection with your cruise,
including any failure to remit your funds to Carrier or to
remit any refund to you, and the guest remains liable for
the fare due to the Carrier. Receipt of this Contract or any
other documents or information by your travel agent constitutes
receipt by you.
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4.
GUEST RESPONSIBILITIES & REPRESENTATIONS
(A)
GENERAL
(i) Guests are
responsible to comply with any government travel requirements
and must have in their possession proof of citizenship in
the form of a valid passport, exit and entry visas as required,
and any other necessary documentation required by either
the United States or any foreign port visited. Guests are
advised to consult with their travel agents and the appropriate
governmental agencies and embassies to determine applicable
requirements. Carrier assumes no responsibility for advising
Guests of immigration requirements, may refuse to embark
Guest or may disembark Guest in the event Guest does not
present required documentation, and shall have no liability
whatsoever for a refund or otherwise in such circumstances.
(ii) Guest represents
and warrants that the Guest is fit to travel and that the
Guest's conduct or presence will not impair the safety of
the Yacht or anyone carried on board, or inconvenience,
annoy, embarrass or harass any other person. You must, at
the time you book your cruise, inform the Carrier, in writing,
of any existing physical or mental illness, disability or
pregnancy or any other condition for which you or any other
person in your care may require medical attention or special
accommodation during the cruise. If any such condition arises
after you have booked the cruise, you must report the condition
to the Carrier, in writing, as soon as you become aware
of it. Pregnant Guests who have entered their 24th week
of pregnancy prior to the commencement or during the voyage
will not be permitted to embark. Failure to report any such
condition will release the Carrier, the Yacht's doctor,
and any other personnel affiliated with the Carrier in any
way from any liability related to the accommodation or treatment
of such condition. By acceptance of this Contract, Guest
acknowledges and agrees that Carrier shall have no responsibility
or obligation to provide any special services or medical
equipment to Guests. The Guest shall be liable to the Carrier
and shall reimburse it for all loss, damage or delay sustained
by the Carrier because of any omission of the Guest.
(iii) The Carrier
may refuse to embark, disembark or confine you to a stateroom,
if, in the sole opinion of the Carrier, your physical or
mental condition creates an unreasonable risk to yourself
or others or unreasonably interferes with the peace and
tranquility of the Yacht or enjoyment of others. If the
Carrier refuses to allow you on board for any of these reasons
prior to the commencement of the voyage, a refund of the
cruise fare will be treated as a cancellation by the Guest,
and a refund, if any, shall be based on the timing of such
refusal in accordance with Carrier's cancellation policy
referenced in section 6 of this Contract, with no further
liability whatsoever. Carrier recommends that Guests who
are not self-sufficient travel with a companion who shall
take responsibility for any assistance needed during the
voyage and in case of an emergency. Should the Yacht deviate
from its course for any cause resulting from the Guest's
negligence or due to a medical emergency involving the Guest,
said Guest shall be liable for the related costs incurred
and shall indemnify Carrier for any costs, penalties or
demands arising therefrom.
(iv) No animals
will be allowed on the Yacht under any circumstances unless
deemed necessary to assist with physical disability and
provided (a) the Carrier is given advance notice at the
time of booking the cruise that said animal will he carried
aboard; (b) the Guest assumes all responsibility for said
animal's food and hygiene; and (c) the Guest agrees to indemnify
and defend Carrier should the assistance animal cause injury,
death, damage or loss to any other person or to the Yacht.
Guests using assistance animals should check in advance
with governmental authorities in each port to be visited
to determine local rules, regulations, fees and quarantines
applicable to such animals and Carrier shall have no liability
to Guest whatsoever arising therefrom.
(v) All guests
are strongly advised to consult with their travel agent
about the purchase of travel insurance to cover losses of
the guest that may be covered by such insurance.
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(B)
GUEST'S INTERRUPTION OF VOYAGE; QUARANTINE
The Carrier may
confine you to your stateroom, change your accommodations
or disembark or remove you at any port if, in the sole opinion
of the Carrier, your presence might be detrimental to your
own health, comfort or safety or that of any other persons,
you might he excluded from landing at any destination by
governmental authorities, or if you violate any provision
of this Contract. If you are disembarked for any such reasons,
you will not be entitled to any refund or damages. If you
are delayed or detained on board the Yacht or elsewhere
due to injury, illness, disability or quarantine or due
to action of any government or authority or for any other
reason not the fault of the Carrier, you will be solely
responsible for all resulting costs and expenses, including
repatriation, and must reimburse the Carrier for any such
costs or expenses which it may incur on your behalf.
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(C)
RULES AND REGULATIONS; COMPLIANCE WITH LAW
You must at all
times obey all the rules, regulations and orders of the
Carrier and the Yacht's Master and officers. You may not
solicit other Guests for commercial purposes or advertise
goods or services on board the Yacht without the Carrier's
prior written permission. It is your responsibility to comply
without delay with the requirements of all immigration,
port, Health, customs, and government police authorities,
and all other laws and regulations of each country or state
from or to which you will travel. You must reimburse the
Carrier for any charges, costs or resulting expenses or
fines that it may incur as a result of your actions or presence
on the Yacht, apart from the services provided as part of
this Contract.
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(D)
UNAUTHORIZED STOPOVERS OR DISEMBARKATION
Unauthorized
stopovers or disembarkations, or your failure to make any
sailing of the Yacht at any port for any reason shall be
at your sole risk and expense. The Carrier shall not be
liable in any way for such actions and you will not be entitled
to any refund or other compensation under these circumstances,
or if you disembark early for any reason.
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5.
INFANTS AND MINORS
No child under
the age of one (1) year at the time of sailing will be accepted
as a Guest. Any Guest under the age of eighteen (18) years
at the time of sailing must be accompanied by an adult Guest
over the age of eighteen. If the adult is not a parent, a
Parental/Guardianship Consent must he signed by the minor's
parent or legal guardian and delivered to the Carrier eight
weeks before sailing. You agree to fully supervise any and
all persons under the age of eighteen (18) accompanying you
during your cruise. You also agree to indemnify Carrier for
any and all damage caused by such persons, or for any injury,
illness or death to such persons to which lack of adequate
and proper adult supervision contributed in whole or part.
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6.
CANCELLATION PRIOR TO EMBARKATION
(A) Refunds for
Guest cancellations are limited by the terms of Carrier's
cancellation policy. Guests are advised to consult Carrier's
cruise brochure, copies of which are available upon request
or via its web-site at www.seadream.com
for the complete terms of Carrier's cancellation policy.
(B) Carrier may
for any reason whatsoever cancel, postpone or advance any
sailing or terminate the Yacht Ticket Contract at any time
before departure and the Carrier's only liability will be
to refund to the Guest the amount received for the Yacht Ticket
Contract. Under no circumstances shall Carrier be liable for
any other loss or damages whatsoever, including but not limited
to consequential losses of any nature.
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7.
CARRIER'S CANCELLATION, DEVIATION OR INTERRUPTION OF CRUISE;
CHANGE IN ACCOMMODATIONS
(A) The Carrier
may for any reason whatsoever, with or without advance notice,
substitute any other Yacht for the named Yacht, change the
scheduled port of embarkation, omit or change any, some, or
all scheduled calls at any intermediate ports, omit or change
the scheduled port of disembarkation, call at any port whether
or not contemplated in the itinerary, change all or part of
any itinerary, as well as transfer the Guest and the Guest's
baggage to any other Yacht or conveyance, whether belonging
to Carrier or not, back to the port of embarkation or to the
originally scheduled port or disembarkation.
(B) The Guest shall
have no right to any refund or any other compensation, and
the Carrier shall have no obligation or liability in respect
thereof to the Guest except in the event of the Carrier's
willful or negligent actions, as follows:
(i) If any portion
of the cruise is cancelled altogether, Carrier shall refund
a proportionate share attributable to the cancelled portion.
(ii) If the scheduled
sailing date or time is delayed and you are not accommodated
on board, the Carrier may arrange hotel accommodations at
no additional expense to you for the duration of the delay.
(iii) If the scheduled
port of embarkation or disembarkation is changed, the Carrier
will arrange transportation to or from the originally scheduled
port.
(iv) If in the
opinion of the Master, booked accommodations must be changed,
the Carrier shall have the right to allocate other accommodations
to the Guest.
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8.
CARRIER'S LIMITATIONS OF LIABILITY
(A)
HEALTH, MEDICAL CARE, SHORE EXCURSIONS AND OTHER SERVICES
All
health, medical or other personal services in connection
with your cruise, including any shore excursions, tours,
or travel in any aircraft, bus, car, train or other conveyance
whatsoever, are provided or arranged, if at all, solely
for the convenience and benefit of the Guest, who may be
charged for such services. Payment shall be made upon demand
and prior to disembarkation. You accept and use medicine,
medical treatment and any other services made available
on the Yacht or elsewhere during the cruise at your sole
risk and expense without liability or responsibility of
the Carrier. Doctors, nurses, or other medical and service
personnel work directly for the Guest and shall not he considered
to be acting under the control or supervision of the Carrier,
since the Carrier is not a medical provider. Similarly,
Carrier does not supervise or control the actions of beauticians,
manicurists, masseurs, photographers, instructors, connecting
carriers, shore excursion or tour operators, and providers
of any other personal services in connection with the cruise,
who shall be considered independent contractors working
directly for the Guest. Carrier makes no express or implied
representations as to the suitability of any such service
providers or their facilities, does not guarantee their
performance, and in no event shall be liable for any negligent
or intentional acts or omissions, loss, damage, injury,
death, expense or delay in connection with such services.
Guests agree to use all such services at their sole risk.
The Guest agrees to indemnify Carrier in the event Carrier
elects to pay the cost of all emergency medical care, including
transportation connected therewith.
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(B)
EXCLUDED LOSSES
The
Carrier is not liable for death, injury (including mental
anguish), illness, damage, delay, nonperformance or other
loss to person or property of any kind caused by act of
God, war, civil commotions, insurrection, riots, government
restraint, political disturbance, governmental interference,
terrorism, piracy or other criminal activities, requisitioning
of the Yacht, strikes, lockouts or labor trouble, explosion,
fire, collision, stranding, foundering, breakdown or damage
to the Yacht or its hull, machinery or fittings howsoever
caused, inability to secure supplies or fuel, perils of
the sea, tidal conditions, congestion in ports, docking
or anchoring difficulties, thefts or any other cause or
act beyond the Carrier's reasonable control or not occasioned
by the Carrier's negligence. The Guest agrees that any/all
such risks are contemplated as forming part of the proposed
voyage and this Contract. Carrier shall in no event be liable
to the Guest in respect of occurrences taking place off
the Yacht or property or launches owned or operated by Carrier.
The Yacht's Master may, in his sole discretion, proceed
with or without pilots, assist other mariners or Yachts,
or take any other action he in his sole discretion deems
necessary or appropriate for the safety of the Yacht or
any persons on board, or to assist in any emergency, including
but not limited to changes in itineraries or routes. In
such event Guest agrees such actions form part of the agreed
conditions of this Contract and Carrier shall have no liability
to Guest whatsoever for a refund or otherwise. If you use
the Yacht's athletic or recreational equipment or take part
in organized activities, whether on the Yacht or as part
of a shore excursion, you hereby agree to assume the risks
of injury, death, illness or other loss, for which the Carrier
is not responsible.
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(C)
BAGGAGE AND PERSONAL EFFECTS
You
may take a reasonable amount of luggage on board containing
clothing, toilet articles and personal effects not weighing
more than a total of 200 pounds per person. You must comply
with any regulations, tariffs, terms or conditions of any
airline or other transportation provider which may include
a lower weight limit for baggage. You may not take on hoard
firearms, controlled or prohibited substances or inflammable
or hazardous items, or any items prohibited by local, state
or national law. The Yacht's officers and crew have the
right to enter and search your stateroom, baggage or person
for any hazardous, controlled or prohibited substances or
items. You agree that the carrier's liability for loss or
damage to baggage or personal property is limited under
all circumstances to U.S. $100.00 per Guest unless at least
3 weeks prior to embarkation the Guest declares in writing
a higher value (in which event the higher value so declared
up to a maximum of $2.500.00 shall be the limit of the Carriers
liability), and the Guest pays to the Carrier at least three
weeks in advance of embarkation the full cost of insurance
for such declared values. In such event, Carrier's liability
shall be fully discharged by the procurement of insurance
that is subject to any applicable terms, conditions, exclusions
and deductible. The Carrier does not undertake to carry
as baggage any money, valuables, precious stones, gold,
silver or any of the other articles listed in Section 4281
of the Revised Statutes of the United States (46 U.S.C.
Section 181). You should arrange to have them shipped to
your destination by other means. Carrier shall not be liable
whatsoever, for negligence for otherwise, for any loss or
damage to such items, or cash, negotiable instruments, documents,
jewelry, computers, electronics, tools of the trade or product
samples, dental or optical items of any kind, medications,
sports equipment or cameras, whether kept in the cabin,
in the Guest's baggage, in the Yacht's safe or security
boxes or otherwise; or for loss or damage to property or
baggage while not in the possession of Carrier on board
the Yacht; or for damage due to wear, tear or normal usage.
Items stored in the Yacht's safety deposit boxes are subject
to the same limitations as set forth above. Under no circumstance
will the Carrier be responsible for loss or damage to any
item placed in the security boxes unless the identity of
the valuables and their value have been declared in writing
by the Guest. Any claim arising from damage or loss to baggage
or property is subject to proof by the Guest of the actual
cash value of the item(s) in question, up to the limits
as set forth above.
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(D)
LIABILITY LIMITATIONS
Guest
acknowledges and agrees that, for cruises that neither embark
or disembark, nor call at any U.S. port, Carrier shall be
entitled to any and all liability limitations and immunities
provided under the Athens Convention Relating to the Carriage
of Guests and Their Luggage by Sea of I974, as well as the
1976 Protocol to the Convention Relating to the Carriage
of Guests and Their Luggage by Sea ("Athens Convention"),
which limits the liability of the Carrier for personal injury
or death of a passenger to no more than 46,666 Special Drawing
Rights as defined therein (approximately U.S. $65,000 which
fluctuates depending on the daily exchange rate as printed
in the Wall Street Journal). In addition to all the limits,
restrictions and exemptions of liability in this Contract,
Carrier shall have the benefit of all statutes of the United
States providing for limitation and exoneration from liability
and the procedures provided thereby, including but not limited
to Title 46 U.S. Code Sections 182, 183, 183c(b), 183(b),
184, 185 and 186; as well as any other applicable nation's
laws limiting the Carrier's liability. Carrier shall be
entitled to claim the benefit of whichever law, regulation,
treaty, doctrine or contractual provisions provides the
greatest legal protections to Carrier.
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(E)
LIMITATIONS OF CERTAIN DAMAGES
The
Carrier hereby disclaims all liability to the Guest for
damages for emotional distress, mental anguish or psychological
injury of any kind under any circumstances, unless such
damages were either the result of a physical injury to the
Guest, the result of that Guest having been at actual risk
of physical injury, or such damages were intentionally inflicted
by the Carrier.
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9.
TIME LIMITS FOR CLAIMS/LAWSUITS
The
carrier shall not be liable for any personal injury, illness
or death of a guest unless written notice of the claim with
full particulars is delivered to the carrier at the address
shown below within 185 days after the date of injury, illness
or death giving rise to the claim. Suit to recover on any
such claim shall not be maintainable unless filed within one
year after the date the injury, illness or death arose and
properly served within 120 days after filing. The carrier
shall not be liable for any other claims whatsoever unless
written notice of the claim with full particulars is delivered
to the carrier at the address shown below within (7) days
after the guest shall be landed from the yacht, or in the
case the cruise is abandoned within (7) days thereafter. No
suit on any claim whatsoever, other than for personal injury,
illness or death, including but not limited to claims for
breach of contract, misrepresentation or otherwise, shall
be maintainable in any event unless filed within six (6) months
after the guest shall be landed from tiie yacht or in the
case the cruise is abandoned, within six (6) months thereafter
and unless properly served within 120 days after filing. All
notices required hereunder must be delivered to carrier in
writing at:
SeaDream
Yacht Club AS, c/o SeaDream Yacht Club Limited, 601 Brickell
Key Drive, Suite 1050, Miami Florida 33131
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10.
SUITS OR LITIGATION OF ANY KIND AND VENUE
This
passage contract applies to claims, suits and litigation of
any kind, whether against the carrier "in personam"
or the yacht "in rem", or otherwise. It is agreed
by and between tiie guest(s) and the carrier that any and
all disputes and matters whatsoever, including but not limited
to claims arising under, in connection with or incident to
the yacht ticket contract or cruise, shall be litigated, if
at all, in the united states district court for the southern
district of florida in miami, or as to those lawsuits over
which the federal courts of the united states lack subject
mater jurisdiction, then, and only then, before a court located
in miami, florida,to the exclusion of any other court in any
county, city, state or country. Guest hereby waives any right
to arrest any of carrier's yachts pursuant to an in rem actions
or otherwise detain any of carrier's yachts in any jurisdiction.
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11.
INTERPRETATION OF CONTRACT, OTHER LAWS
There
are no oral or implied agreements between you and the Carrier
and this contract can only he modified in writing and signed
by the Carrier. Any portion or provision of this contract
which is deemed invalid, illegal or unenforceable shall be
ineffective only to the extent of such invalidity, illegality
or unenforceability without affecting in any way the remaining
provisions of the Contract which shall remain in full force
and effect.
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12.
WARRANTIES AND CONSEQUENTIAL DAMAGES
All
warranties including warranties of fitness for use and merchantability
are expressly excluded from this agreement. The Carrier shall
not be responsible for consequential damages to any Guest
under any circumstances. All travel involves certain risks
and no warranty of safe passage is made or inferred hereunder.
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13.
GUEST SAFETY
The
Guest admits a full understanding of the character of the
Yacht and assumes all risks incident to travel and transportation
and handling of Guest and cargo. The Yacht may or may not
carry a physician or other medical personnel at the election
of the Carrier. While at sea or in port the availability of
medical care may be limited or delayed. Guest acknowledges
that all or part of their voyage may be in areas where medical
care and evacuation may not be available or may be significantly
delayed. Carrier's Yachts visit numerous ports in a number
of countries and Carrier reserves the right to alter or cancel
itineraries, with or without notice for any reason, including
but not limited to in the interests of security and safety.
Guests must assume responsibility for their own safety and
Carrier cannot guarantee Guest's safety while on or off the
Yacht. The United States Department of State and other governmental
and tourist organizations regularly issues advisories and
warnings to travelers and Carrier strongly recommends Guests
obtain and consider such information when making travel decisions.
Guests also should consult all appropriate governmental agencies
and authorities to determine if any vaccines or special medical
provisions or recommendations apply to the regions Guests
anticipate visiting. Carrier assumes no responsibility for
gathering such information.
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14.
SPORTS & RECREATIONAL ACTIVITIES AND EQUIPMENT
In
consideration of your payment of the cruise fare, Guest will
have the option to utilize Carrier furnished equipment and
to participate in various sports and recreational activities
off, under, around, about and in the environs of the Yacht
and all locations visited during the cruise. These activities
include but are not limited to cycling, Kayaking, sailing,
jet-skiing, water skiing, snorkeling and swimming (collectively
"sports activities"). Guest acknowledges that: (A)
there are risks and dangers involved with his or her participation
in sports activities, and in particular the use of jet-skis
or personal watercraft is a dangerous activity that can result
in serious injury or death; (B) Carrier can in no way guarantee
the safety or welfare of Guest in any sports activities and
Carrier is merely providing sport equipment and sport instruction
to enhance Guest's enjoyment; (C) Guest shall knowingly and
voluntarily assume the risk of and shall indemnify Carrier
against any claims made by or on his or her behalf as a result
of using Carrier' equipment and participating in sports activities;
(D) Guest shall acquire the training necessary to participate
in sports activities and shall follow the rules and procedures
maintained by Carrier; and (E) Carrier shall accept no responsibility
for Guest's failure to abide by governmental rules, regulations
and restrictions concerning sports activities.
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15.
SMOKING POLICY ON SeaDream
SeaDream
permits smoking on the outside decks 3, 4 and 6. Smoking is
not allowed in the staterooms or in any enclosed public rooms
on SeaDream I or II.
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