USC Participant’s Agreement (Terms & Conditions)
Ubersoca Cruise (USC) is non-refundable once purchased. There are no refunds for cancellations, regardless of the reason. The payment of your deposit or any other payment or by attending the USC confirms that you accept and agree to these terms.
Terms & Conditions including our Cancellation Policies.
This agreement sets forth the terms and conditions under which Ubersoca Ltd, a Bermudian company, agrees to provide Ubersoca Cruise 2018 , in return for your payment of the amounts indicated in this agreement. These documents contain important limitations on your rights. These are legally binding documents separate from the ticket contract issued. If you make a reservation or payment on behalf of yourself as well as the members of your group, party, or traveling companions, you agree to the Terms & Conditions on behalf of all members of your group or party and all your traveling companions. These terms and conditions are subject to change by USC at any time after written notice of the change.
Ubersoca Cruise I
Dates: November 4 – 8, 2019
|Sunday||October 31, 2019||PRE-PARTY||coming soon||10pm||3am|
|Monday||November 5, 2019||ALL ABOARD||TBA||—||4pm|
|Tuesday||November 5, 2019||—||At Sea||—||—|
|Wednesday||November 6, 2019||J’OUVERT IN HAITI||tba||8am||7pm|
|Thursday||November 7, 2019||—||At Sea||—||—|
|Friday||November 8, 2019||DISEMBARK||TBA||8am||—|
* Flights should arrive on Sunday, November 3, 2019 so that you can attend our PRE-PARTY and to allow ample time to be checked in and onboard by 2:00pm the next day on Monday, November 4, 2019.
** Flights home after the cruise should depart on Friday, November 8, 2019 after 1:00pm.
Ubersoca Cruise II
Dates: November 8 – 12, 2019
|Thursday||November 4, 2019||PRE-PARTY||coming soon||10pm||3am|
|Friday||November 8, 2019||ALL ABOARD||Port of Miami, FL||—||4pm|
|Saturday||November 9, 2019||—||At Sea||—||—|
|Sunday||November 10, 2019||J’OUVERT||TBA||8am||7pm|
|Monday||November 11, 2019||—||At Sea||—||—|
|Tuesday||November 12, 2019||DISEMBARK||TBA||8am||—|
* Flights should arrive on Thursday, November 7, 2019 so that you can attend our PRE-PARTY
and to allow have ample time to be checked in and onboard by 2:00pm the next day on Monday, November 5th 2018.
** Flights home after the cruise should depart on Tuesday, November 12th 2019 after 1:00pm.
Itinerary is subject to change without notice at the discretion of USC.
TAXES AND FEES
Cabin Rates include stateroom accommodations, meals, and most beverages (alcohol and soda are NOT
• Cabin Rates do not include taxes and fees of $250 per person. (Due at time of booking)
• Cabin Rates are per person based on stateroom occupancy: (Please note that cabins can hold either 2, 3, 4, 6, or 8 people in stateroom.)
• Cabin Rates are based on double occupancy. Single occupancy staterooms will pay 200% of the double occupancy rate.
• Rates and availability are subject to change at any time, without notice.
• Please note that inventory in the cabin price grid may not denote real time availability.
PAYMENT SCHEDULE & PAYMENT PLANS
For passengers who do not wish to pay their cruise in full at time of purchase. We offer a payment plan that will divide your payment into monthly installments based on the date of which you book. You will receive a payment schedule which details the payment plan including the monthly installments and the dates on which payments are due.
MONTHLY PAYMENT PLAN
A non-refundable deposit (based on the number of guests in your stateroom) is due at the time of booking for each guest as follows: $250 per person for Inner Soca Staterooms (Interior Staterooms), $350 per person for Calypso (Oceanview) Staterooms, $450 per person for Bachannal (Balcony rooms) and $550 per person for Uber Panoramic Suites and above and $650 per person for Owner Suites and above.
Your remaining cabin balance will be split into equal monthly payments beginning on either the 30th or 1st of the month after your initial deposit is paid, with your final balance due no later than 1 October 2018 for reservations made up until 1 September 2018.
Monthly payments will be automatically charged to your credit card on file on either the 30th or 1st day of each month depending on when you book. It is your sole responsibility to know your due dates for payments. Payment reminders will not be sent.
ALL PAYMENTS ARE DUE
Full remaining cabin balance is due from all passengers with prior reservations by 1 October 2019.
To change your credit card number on file, simply log into your USC account and update your credit card information.
Late Payments & Declined Credit Card Fees
A late fee of $35.00 per person will be added to your reservation if your credit card on file is declined or if your payment is not received by your due dates listed on your invoice. If your reservation is still unpaid 2 weeks after your final payment date, your reservation will be cancelled without refund.
NAME & STATEROOM CHANGE FEES
The passenger who places a reservation for a stateroom onboard the Ubersoca Cruise will be considered that stateroom’s “Primary Guest” and is the “owner” of the reservation. The Primary Guest is therefore solely responsible for initiating or authorizing changes to the reservation, and must agree in writing to any changes made to the reservation, by emailing email@example.com.
All passenger NAME changes can be made up until 30 days prior to sailing (if allowed by the cruise line), and will be assessed the following administrative fees per name change
$100.00 per person, per change for name changes from the time of booking until 1 October 2019
$200.00 per person, per change for name changes made on or after 2 October 2019. No name changes can be made after 24 October 2019.
The Primary guest is not allowed to change their name within the reservation. At least one “original” and/or Primary guest’s name must remain on the reservation. If all original passengers cancel, this is considered a full cancellation without refund, and name changes will not be allowed. An original name is one that has been added to your reservation at the time of your initial deposit or payment.
In all cases of name changes, the NEW passenger must make the full payment amount paid to date as the passenger being replaced. Once that payment has been made, then the applicable amounts paid by the ORIGINAL passenger will be refunded directly to the original passenger, less the cost of the name change fee. Changing all the passengers’ names from one room to another in the form of a downgrade is not permitted. A downgrade is considered a cancellation of your original reservation.
Passenger stateroom changes can be made up until 30 days prior to sailing (if allowed by the cruise line), and will be assessed the following administrative fees per name change:
$100.00 per person, per change for name changes from the time of booking until 1 October 2019
$200.00 per person, per change for name changes made on or after 2 October 2019. Your cabin number is subject to change without notice at the discretion of the cruise line.
No changes of any kind (name or cabin) will be accepted after 24 October 2019.
Stateroom Occupancy Changes
Rates are based on the number of people in your cabin. Changes in occupancy will result in a rate increase or decrease depending on the type of change.
2019 USC CANCELLATION POLICIES
ALL DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE! There are NO exceptions to our cancellation policies. We strongly recommend the purchase of travel insurance!
CANCELLING YOUR UBERSOCA CRUISE RESERVATION
All cancellation requests must be submitted in writing. If you wish to cancel your reservation, please email firstname.lastname@example.org to cancel your reservations.
WHAT HAPPENS IF SOMEONE IN YOUR RESERVATION CANCELS?
As a courtesy, USC offers guests within the same reservation the ability to split the cost between guests, and additionally offers subsequent monthly payment plans depending on when the reservation was created. If a guest with an assigned payment responsibility within the reservation cancels, regardless of the reason, that guest will be responsible for covering his/her entire balance at the time of cancellation. If that guest refuses to pay their outstanding balance, it then falls on the Primary to pay for the entire balance or come up with an amicable plan with the other remaining members of the cabin to cover the canceled guest’s portion either in full, or split the balance owed into the monthly payments for the remaining members of the group.
If you, or any of the guests within a reservation can find a replacement for the person cancelling, we can honor a name change subject to a US$100 – $200 name change fee depending on when the request is made. Once the new guest is added, they can take over the payment responsibility from the previous guest and pick up where they left off, however, we will not refund any previously paid portions to any guests regardless of the reason.
As a primary, if you are in a double occupancy room and your cabin mate cancels, they will be asked to pay their remaining balance, or find a replacement at which time either party will cover the ‘name change fee’ of US$100 – $200. In the event that this guest refuses to pay off their balance, or find a replacement, the responsibility falls on the primary to find the replacement, pay the US$100 – $200 “name change fee,” or pay the double occupancy rate and remain in the room as a single occupant.
Based on the terms and conditions, Primaries cannot cancel out of the stateroom.
iTRAVEL INSURED TRAVEL INSURANCE
It is highly recommended that you purchase travel insurance to protect yourself against financial loss due to non-refundable costs and fees due to unexpected cancellations and travel emergencies. For your convenience, you will be presented with your Travel Insurance options after you’ve booked your cabin.
For guests that have already booked and are interested in purchasing insurance please visit www.USC2019Insurance for your free quote.
In the event of cancellation, you must first contact Ubersoca Cruise in writing by sending an email to email@example.com. Then, you must contact iTravel directly at 1 866 347 6673 or 1 317 655 9798 or www.iTravelInsured.com to submit a claim and request a refund. For questions and to purchase iTravel travel insurance, please contact iTravel using the contact information above.
ROOM SERVICE SURCHARGES
Room service is available any time of the day or night – simply order from the room service menu located in your stateroom/suite (service charge of $7.95* applies). An 18% gratuity is additional and will automatically be added to your check. Our new room service menu features several upgraded selections including a Wagyu Beef Hamburger, Philly Cheesesteak and Grilled Salmon with Cucumber Mint Yogurt and Roasted Asparagus.
PASSPORT & LEGAL DOCUMENTATION
Caution Regarding Domestic Flights: Starting sometime in 2016, travelers from New York, Minnesota, New Hampshire, Louisiana, and American Samoa may not be able to use their driver’s licenses as ID to board domestic flights. Therefore, USC strongly recommends that those travelers carry a passport and use it at TSA security checkpoints. For further information, go to: http://www.dhs.gov/real-id-enforcement-brief.
RCI and USC strongly recommend that all USC passengers travel with a passport (valid for at least six months beyond the completion of travel). Having a valid passport will enable you to fly from the U.S. to a foreign port in the event you miss your scheduled embarkation, or to fly back to the U.S. should you need to disembark the ship mid-cruise for any reason.
The Western Hemisphere Travel Initiative (WHTI) stipulates the following information with regards to “closed-loop” cruises, which are sailings that originate and terminate in the same U.S. Port. Please note that this information could change at any time without notice.
U.S. Citizens taking “closed-loop” cruises will be able to enter or depart the country with either a valid U.S. Passport – or – Proof of citizenship, such as an original or certified copy of his or her birth certificate (or a Consular report of Birth Abroad, or a Certificate of Naturalization), along with government issued photo identification, such as a State issued driver’s license.
Other acceptable forms of identification include:
• U.S. Passport Cards
• Enhanced Driver’s Licenses
• Trusted Traveler Cards (NEXUS, SENTRI, or FAST)
• Military Identification Cards (for members of the U.S. armed forces on official orders)
• U.S. Merchant Mariner Document (for U.S. citizens on official maritime business)
• Enhanced Tribal Card (where available)
Please note: Baptismal papers and hospital certificates of birth are not acceptable. Voter registration cards or Social Security cards are not considered proof of citizenship.
For more information, a complete list of WHTI-compliant documents or to obtain a passport application, visit http://travel.state.gov/travel/cbpmc/cbpmc_2223.html.
U.S. Alien Residents need a valid Alien Resident Card. Non-U.S. Citizens need a valid passport and a valid, unexpired U.S. Multiple Re-entry Visa, if applicable.
Non-U.S. Citizens: You will need a valid passport and, in some cases, a visa. If you live in the U.S., you will also need the original copy of your Alien Registration Card (ARC or “Green Card”) and any other documentation the countries on your itinerary require due to your alien status.
If you are not a U.S. Citizen, please contact U.S. Immigrations at 1-800-375-5283 to be sure your identification will be satisfactory for both entry into the U.S., and for the cruise.
Citizens from the Visa Waiver Program countries will require a machine-readable passport valid for the duration of their voyage.
For more information or to obtain a passport application, visit www.travel.state.gov. Passport Services (www.passportservices.com) can also assist with step-by-step instructions and application assistance. All passengers must present the required documentation at embarkation. Passengers without the required documentation will be denied boarding and no refund will be issued. Please understand that RCI will strictly enforce this requirement to be in compliance with this important U.S. Government mandate.
USC and the other Released Parties (as herein defined) assume no responsibility for advising you of immigration requirements. Non-U.S. citizens, including resident aliens, must contact the appropriate consulates, embassies and/or immigration office(s) to inquire about necessary documentation for the Cruise’s ports of call. Your name, as listed on your travel documents, must exactly match your name as listed on your Cruise documents.
It is YOUR responsibility to make sure you have the proper documents to board the ship. USC is not responsible for denied boarding due to insufficient documents. USC’s cancellation and payment policies supersede that of RCI and any RCI staff information or website payment or cancellation terms are invalid.
USC & RCI AGE POLICY
YOU MUST BE AT LEAST 21 YEARS OF AGE TO ATTEND UBERSOCA CRUISE.
CANCELLATION BY USC ARTIST
USC has entered into an agreement with each performing artist on the Cruise to be present on board the Cruise or in the islands and to perform in accordance with terms specified therein. However, neither USC nor [cruise line] shall be liable or responsible for failure of any artist or musician to appear on board or to perform under his or her agreement. Further, neither USC nor [cruise line] shall be liable or responsible for any loss, damage, cost, or expense of any kind to any Passenger or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the vessel (for which the Master shall be the sole judge), breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by governmental authority, illness, death of a family member or other cause or circumstance beyond USC’s control. In the event of any failure of contracted artists to perform during the cruise, USC, in its sole discretion, may engage a replacement artist or artists, or may change, postpone or terminate all or any part of the Cruise or the entertainment program or change the program or itinerary. In such case, USC, shall have no liability to any Passenger for any loss, damage, cost or expense whatsoever by reason of such change.
CANCELLATION OF USC BY UBERSOCA LTD AND/OR RCI
In the event of strike, lockouts, riots or stoppage of labor from whatever causes, or for any other reason whatsoever beyond the control of USC or[cruise line], [cruise line] in its sole discretion may cancel, advance, or postpone any scheduled sailing or call at any port and may (but is not obligated to) substitute another vessel, and neither [cruise line] nor USC shall be liable for any loss whatsoever to passengers by reason of such cancellation, advancement, postponement, or substitution. Thereupon, USC shall return to you, if the Cruise is completely canceled, your cabin fare, prepaid gratuities, cruise line transfers and related taxes and fees, or, if the Cruise is partially canceled, a proportionate part thereof. Under such circumstances, USC shall have no further liability for damages or compensation of any kind. Please note that the availability of any refund for travel insurance and/or other travel products (airfare, hotel, car rental), even if purchased in conjunction with the Cruise, will be determined in accordance with the applicable cancellation policies for such other products or services.
RIGHT TO CHANGE ITINERARY
USC and/or [cruise line] reserve the right, at any time, to change the cruise itinerary whenever advisable or necessary. In this case, USC and/or [cruise line] will NOT be responsible for any loss or expenses caused by reason of such changes or abandonment. Refunds will NOT be made to passengers who elect not to complete the cruise for any reason or cause whatsoever.
SAFETY WHILE IN PORTS OF CALL AND ONBOARD
You assume sole responsibility for your own safety onboard and in any port of call. USC does not guarantee your safety at any time. You may find information about the scheduled ports of call through the U.S. Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations. USC and the other Released Parties assume no responsibility for gathering and/or disseminating any such information. You acknowledge that all shore excursions and tours, however conducted, airline flights and ground transportation, and any ship physician, nurse and on board concessions (including, without limitation, gift shops, spa, beauty salon, fitness center, golf and art programs, and video/snorkel concession) are operated by independent contractors. USC neither supervises nor controls their actions, nor makes any representation, whether express or implied, as to their suitability. These services are provided only as a convenience for you, and you are free to use or not use them. You agree that USC assumes no responsibility, does not guarantee performance and in no event, shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to you and/or your property in connection with these services. You use them at your own risk.
INNOCULATION & HEALTH
All passengers must ensure that they are medically and physically fit for travel. The Centers for Disease Control (CDC) and the World Health Organization (WHO) provide guidelines as to which vaccinations are required in each country. In many cases inoculations are recommended but in some circumstances, they are required. We recommend that you check with your health care professional or a Travel Medicine Specialist certified by the WHO for guidance. Other informational resources can be accessed at the Center for Disease Control and Prevention’s Traveler’s Health website or toll free at 1-877-FYI-TRIP, and the World Health Organization website.
PASSENGERS WITH SPECIAL NEEDS
By booking the Cruise, you warrant that you, and those traveling with you, are physically fit to travel at the time of embarkation. Boarding will be denied to any person who will enter her third trimester (twenty-seventh week) of pregnancy by the time of the Cruise or during the cruise. You must notify USC at the time of booking of any disability or other medical or physical condition that may require special assistance during the Cruise. Your failure to do so will release USC from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. USC and RCI reserve the right to require that any passenger who is not self-sufficient travel with a companion who shall take responsibility for any assistance needed during the Cruise and in case of emergency.
REFUSAL OF PASSAGE
USC acts only as sales and marketing agent for the purpose of booking travel arrangements on RCI and various airlines. USC expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent. Participation on the Cruise may be denied to any person who, in USC’s or [cruise line]’s sole discretion: (1) is or becomes in such a condition as to be unfit to travel; (2) is dangerous or obnoxious to others; or (3) is inadmissible under the laws of any country of debarkation. In addition, USC and [cruise line] reserve the right to refuse passage, disembark or confine to a stateroom any person whose physical or mental condition or behavior they consider, in their sole discretion, to constitute a risk to the person’s own well-being or that of any other person. USC shall have no liability to any such person or any third party arising out of any such decision. Any costs resulting from USC’s and/or [cruise line]’s decision, including, without limitation, costs of lodging and transportation, shall be the responsibility solely of the person.
DECISIONS OF RCI
You will receive RCI Standard Contract of Passage Terms and Conditions (the “RCI PASSENGER CONTRACT”) (link is in website) via your online check-in, the terms of which you agree to by sailing on the cruise. The RCI Contract constitutes your agreement with RCI. The RCI Contract provide that RCI may exercise its rights in a variety of matters, including, without limitation: Its right to alter the ship’s course, ports of call, and itinerary, activity and shore excursions, for reasons set forth therein. USC shall not be liable to you or any third party for any claim or cause of action arising, directly or indirectly, in whole or in part, out of RCI’s exercise of any of its rights as provided in the RCI Terms. Without limiting the foregoing, the Released Parties such as USC shall not be liable to any Cruise passenger for a full or partial refund of any Cruise fare, or for any lodging or transportation expenses, as a result of RCI’s exercise of its contractual rights. Please review the contract here.
PASSENGERS ARE NOT PERMITTED TO BRING ALCOHOLIC BEVERAGES, OR BEVERAGES OF ANY KIND OBOARD USC 2018.
You are only permitted to bring a quart-sized bag of liquids, aerosols, gels, creams and pastes in your luggage and through the checkpoint at the Port of Miami. These are limited to travel-sized containers that are 3.4 ounces (100 milliliters) or less per item. PASSENGERS AND THEIR LUGGAGE WILL BE SEARCHED THOROUGHLY! ANY ITEM WHICH HOLDS MORE THAN 3.4 OUNCES (100 MILLILITERS) WILL BE CONFISCATED AND DISCARDED. Each liquid you carry must be in its own container of no more than 100ml (3.4 ounces). All liquids should be carried in a single, transparent, re-sealable plastic bag of up to 20cm x 20cm (8in x 8in) with a total capacity of up to a litre (approximately one quart).
Medications in liquid form are the only exception, however, it must be carried in your carry-on bags and you must tell the officer that you have medically necessary liquids at the start of the screening checkpoint process. To the extent that this rule conflicts with anything said on [cruise line]’s website, this rule shall prevail. For medical allowances/ exceptions, please email firstname.lastname@example.org.
Each passenger may bring onboard a reasonable amount of baggage. All luggage must be stored in the passengers’ stateroom. Pets, dangerous or illegal items such as weapons, explosives, combustible substances, non-prescription controlled substances, or illegal drugs may not be brought onboard the ship. Any such items shall be surrendered to security at embarkation and may be disposed of at the sole discretion of [cruise line]. All luggage, hand-carried or checked, and your person are subject to security inspections that may involve physical search. Curbside porters are available at the pier during embarkation to take luggage to the vessel. Please be sure each piece of luggage is locked and has a tag listing your name, ship, and stateroom number. [cruise line] and USC assume no responsibility for carry-on luggage. Any luggage left at the pier will be forwarded at the passenger’s expense. Claims for luggage loss or damage must be made in writing to debarkation personnel prior to leaving the pier area.
Video or audio recording, filming, or photographs may occur onboard the USC, which may be owned, licensed, assigned or distributed nationwide and worldwide by USC, their affiliates and assignees. You hereby allow, waive and authorize USC, its affiliates, and assignees the right to use your likeness in any manner whatsoever. You will not receive any compensation for such use and waive any right to bring any action in law or equity against allow USC, their affiliates and assignees for such use.
ZERO TOLERANCE DRUG POLICY
USC and [cruise line], have a zero tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in disembarkation from the vessel as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases USC and RCI shall not be liable for any refund or other compensation or damages.
[cruise line] SMOKING POLICY
Designated Smoking Areas
Clearly marked “Designated Smoking Areas” are available onboard and include a sufficient number of ashtrays that are emptied regularly. Generally, these areas include cigar lounges, a section of the nightclub and casino, as well as a portion of the open decks. As a safety precaution, passengers are reminded to properly dispose of cigarettes, cigars and pipe tobacco, which are never to be thrown overboard as this may be sucked back into the ship and cause fires.
STATEROOM SMOKING POLICY UPDATE
Smoking is prohibited in passenger staterooms and on balconies. As balconies are a hallmark of [cruise line], they believe it is important to keep this peaceful space clear of smoke. Violations to this policy will result in a $250 fine for each occurrence, which will be charged to the passenger’s sail & sign account. Keeping with the global trend toward more restrictive smoking policies and honoring the wishes of our passengers, we feel this change will enhance our onboard experience and do more to help our passengers escape completely.
The use of electronic cigarettes is allowed within the confines of the passenger’s stateroom (balcony not included) and within designated smoking areas only.
Unless you are a sponsor, NO VENDING OF ANY KIND IS ALLOWED during the USC. For information on sponsoring, please email email@example.com. Please do not make t-shirts, hats, posters, jewelry or anything else to sell while enjoying The USC. Anyone found in violation of this policy will have his or her unauthorized merchandise confiscated. This policy will be strictly enforced.
You assume all risks associated with travel and transportation on the Cruise. While at sea or in port, the availability of medical care may be limited and/or delayed. You acknowledge that all or part of the Cruise may be in areas where medical care and/or evacuation may not be available. You agree to indemnify and reimburse USC and/or [cruise line]in the event that either party, in its sole discretion, to advance to you the cost of emergency medical care, including medical evacuation and/or medical care provided ashore, as well as transportation and/or lodging in connection therewith. USC shall have no responsibility to advance any such costs. We highly recommend the purchase of Travel Guard travel insurance to cover any unforeseen and unexpected medical expenses.
Your decision to accept a roommate for the Cruise is at your own risk. USC is not responsible or liable for any and all claims or cause of action arising out of or in connection with the assignment of a roommate for the Cruise, including, without limitation, any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such assignment.
“GHOST RIDER” TICKETS
The sale of “Ghost Rider” tickets is strictly prohibited by USC. If you or a friend is in need of a roommate, you must contact USC, and all transactions and payments must be handled directly with USC.
RESPONSIBILITY AND LIMITATION OF LIABILITY
Under these terms and conditions, liability to passengers for damage to or theft of luggage, personal property, delay, and circumstances on board your cruise ship or elsewhere is limited. By booking USC, you (the passenger) agree to release and hold harmless USC, from and against any claim or cause of action arising out of or in connection with your travel on and participation in the Cruise, including, but not limited to: (1) injury, death or delay of passengers, or loss, damage or delay of or to passengers’ baggage or other property, which may be caused, directly or indirectly, in whole or in part, from participation in the Cruise, including, without limitation, passenger’s use of or participation in any shore excursion, on board concession or athletic or recreational activity; (2) your request for or selection of a roommate for the Cruise; (3) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances; (4) any change in scheduled Cruise events and/or celebrity appearances; (5) [cruise line]’s exercise of its contractual rights; or (6) or (if you are entering into this agreement on behalf of yourself and your, group, party, or traveling companions) any claim arising out of their assertion that you were not authorized to agree on their behalf. You further agree that USC shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by USC, nor for any intentional or negligent acts of USC’s employees committed while off duty or outside the course and scope of their employment. In the event that a court of competent jurisdiction holds any of the foregoing to be unenforceable, then USC’s liability shall be limited to the maximum extent permitted by law. You will find on board your cruise ship, independent concessionaires which operate shops, photography, gaming, etc. USC accepts no responsibility whatsoever for the actions of these independent concessionaires arising from your dealing with them. You must contact and deal or interact with them directly. It is understood and acknowledged that USC is an outside, independent promoter and does not operate the vessel controlled and owned by RCI. In consideration of participating and attending USC, you voluntarily assume all risks while onboard the vessel and release USC of and from any and all liability, actions, causes of action, suits, injury or death, loss or damage of property, claims, attorney’s fees and demands whatsoever that may be sustained by you while onboard the vessel. This release shall be binding upon you, and your heirs, next of kin, executors and personal representatives. Your decision to purchase and pay a deposit for this cruise program constitutes your acknowledgment of and consent to all of the terms and conditions of the brochure and website, including the limitations of liability described in it.
DISPUTES / CHOICE OF LAW & JURISDICTION
This Agreement shall be governed by and construed exclusively in accordance with the laws of Bermuda without reference to conflicts of law, and the Parties agree to submit any and all disputes, claims and causes of action arising out of or connected with the Cruise or this Agreement to a private and confidential arbitration (by a sole arbitrator) in Bermuda pursuant to the Bermuda International Conciliation and Arbitration Act 1993. Such reference shall be made to the exclusion of any other court, venue or jurisdiction. You agree to waive any venue or other objection that you may have to any such action or proceeding being brought in Bermuda. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Cruise, but in no event attorneys’ fees; and you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by and construed in accordance with the laws of Bermuda, without giving effect to any choice of law or conflict of law rules (whether of Bermuda or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Bermuda. You agree to present any claims against USC within 30 days after the Cruise ends and to file within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. NEITHER PARTY MAY INITIATE OR BE PART OF A CLASS ACTION LAWSUIT OR LEGAL PROCEEDING AGAINST THE OTHER.
NO THIRD PARTY RIGHTS
The parties agree that the terms of this Agreement are not enforceable by any third party under the Contracts (Rights of Third Parties) Act 2016.
The Parties agree to keep the terms of these Terms and Conditions strictly confidential, including but not limited to the amount paid by the passenger in consideration for this Agreement, except as may be required by any law, regulation, or legal, judicial, or administrative process or proceeding.
All trademarks are the exclusive property of their respective owners. The information contained on this page and in other pages and material relating to the Cruise, including any information regarding celebrity participation and programmed events, is subject to change at any time after notice. The details shown are for informational purposes only. The Released Parties are not responsible for any errors, changes and/or omissions resulting in pricing, inventory or content discrepancies. Passenger acknowledges and confirms that any travel agent utilized by Passenger in connection with the issuance of this ticket is, for all purposes, passenger’s agent and the Released Parties shall not be liable for any representation made by said travel agent. Passenger shall at all times remain liable to USC for the price of passage.
In addition to the restrictions and exemptions from liability provided in these Terms and Conditions, USC shall have the full benefit of any applicable laws providing for limitation and exoneration from liability, and nothing in contained herein is intended to operate to limit or deprive USC of any such statutory limitation of or exoneration from liability. Without limiting the foregoing, USC claim benefit of all restrictions, exemptions and limitations of the “Convention Relating to the Carriage of Passengers and Their Luggage by Sea” of 1974 as well as the Protocol to the “Convention Relating to the Carriage of Passengers and Their Luggage by Sea” of 1976 (“Athens Convention”), which limits liability for the death of or personal injury to a passenger to no more than the applicable amount of Special Drawing Rights as defined therein, and all other limits on damage or loss to personal property.
These Terms and Conditions contain the entire agreement between USC and the Passenger and supersede any other agreements, written or oral, relating to the subject matter herein. Any waiver of any provision of must be made in writing and signed by an authorized representative of USC. If any portion of shall be determined to be invalid, then said portion shall be deemed severed from the Contract in such jurisdiction only and all remaining portions shall remain in full force and effect.