Last Revised (August 6, 2012)
MOODY BLUES CRUISE TERMS & CONDITIONS
Moody Blues Cruise Terms & Conditions Are Subject To Change At Any Time.
Please read the following Terms and Conditions BEFORE you book your cabin on the cruise. These documents contain important limitations on your rights. These are legally binding documents. This document contains additional contractual terms, conditions, and limitations between you and On the Blue, Inc. (“OTB” or their respective officers, directors, employees, agents and contractors (collectively referred to herein as the “Released Parties”), with respect to this cruise beyond the terms and conditions described in the MSC Cruises (MSC) Passenger Contract (“MSC Passenger Contract”).
All references to “Guest” shall have the same meaning as “Passenger” for purposes of this Contract and shall include each person listed on a Ticket Contract and each person, other than OTB personnel, MSC personnel, and artists and artist personnel, who embarks on the Cruise or attends any Cruise or Cruise related event, whether or not listed on a Cruise Ticket Contract. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine, as context requires.
By making this reservation, or by acceptance and/or use of the MSC Passenger Contract, the person named thereon as Guests, each passenger and guest on the same reservation, acknowledges he or she has read, and understands each and every term, condition, and provision of the MSC Passenger Contract and agrees to be bound thereby. In addition, by making this reservation or by the acceptance and/or use of the MSC Passenger Contract by the persons named as Guests, it shall be deemed to bear acceptance and agreement by each and every person to all the additional Terms and Conditions set forth herein.
Passenger acknowledges and expressly agrees OTB (and its affiliates) are acting solely in their capacity as tour operators, brokers and independent contractors arranging this cruise and that OTB has no right or ability to control or direct the operational or navigational activities of the vessel or crew in any manner whatsoever whether aboard the ship or ashore including without limitation persons furnishing services to the vessel or to the passengers including shore side excursions, personnel, or contractors, embarkation and disembarkation to and from the vessel, the condition of the vessel and its equipment.
Includes all OTB talent/entertainment related fees, your accommodations on-board the ship, all meals in the main dining room(s) and cafeteria, other casual dining throughout the day, non-carbonated beverages (coffee, tea, juices, etc), room service per posted hours, (surcharge may apply to some items), use of the ship’s pools, health and fitness centers.
Your cruise does not include government fees and taxes, fuel surcharges, transportation to/from ship, shore excursions, sightseeing or meals ashore, meals in specialty and à la carte restaurants, laundry, wine, beer, liquors, cocktails, soda, mineral water, medical expenses, spa treatments, beauty salon, casino gaming, onboard shopping, onboard gratuities to the ship’s personnel, or any other items of a personal nature.
PRICES & PAYMENTS
Rates as described on the Pricing page of the Moody Blues Cruise website (http://www.MoodiesCruise.com/pricing/), are per person based on double occupancy. All deposits are based on a minimum of two (2) guests per cabin. The date you make your reservation will ultimately determine your total payment due at the time of booking.
$300 per person deposit is due at the time of the reservation
50% of the Remaining Balance deposit is due by Tuesday, October 30, 2012.
Reservations made on or after October 3oth will 50% of the total cruise fare.
The Remaining Balance is due by Tuesday, January 8, 2013.
Reservations made after the final payment date of January 8th must be paid in full within 30 days of the booking or 30 days (February 18, 2013) from the departure date, whichever comes first.
If payment in full has not been received by January 8, 2013, OTB reserves the right to consider a reservation cancelled, and to charge the applicable cancellation penalties.
A $25 late payment fee may be applied per passenger for each cabin that does not remit payment by the required payment deadlines.
Single passengers are responsible for and will only be charged only one add-on fee of $199 for mandatory government taxes, fees and prepaid gratuities.
Payment Terms supersede those made by the MSC Cruises Passenger Contract. Please note the payment provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by MSC Cruises or its affiliated entities, whether in the MSC Passenger Contract terms or elsewhere. All rights granted to passengers in the MSC Cruises Passenger Contract, relating to the payment or refund of cruise fare and to cancellations by passengers shall not be operative.
GOVERNMENT TAXES, FEES AND PRE-PAID GRATUITIES
Mandatory Government Taxes, Fees and Pre-Paid Gratuities totaling $199.00 (USD) will be charged with the balance due on your cabin. These charges are in addition to the Cruise fare and may include, but are not limited to, passenger facility charges, security surcharges, international passenger departure or arrival tax, customs user fee, immigration fee and agricultural inspection fee, and miscellaneous ticking fees. These taxes and fees are subject to increase prior to your departure date, in which case you will be invoiced for the balance.
Please note: Mandatory pre-paid gratuities are for the maitre d’ and his assistants, your waiter and busboys, buffet staff, stateroom attendants, room service and bellboys. Casino dealers and spa personnel are not included, since not all guests will utilize those services. A gratuity for bar services and servers will be included on all bar checks, added to the price of your drinks.
Due to the unique nature of our event, we have a very strict cancellation policy. We HIGHLY recommend that passengers consider purchasing travel insurance.
Prior to October 30, 2012
50% of total monies received will be refunded
After October 30, 2012
Non-Refundable. There will no refunds given for those who do not show up on time, unused tickets, or after the Cruise has occurred.
All cancellation and reservations changes must be submitted in writing via email to reservations@MoodiesCruise.com. The date that such written notice of cancellation is received will determine the applicable cancellation fees per the above schedule. No exceptions will be made.
There will no refunds given for those who do not show up on time, unused tickets, or after the Cruise has occurred.
Please note the cancellation provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by MSC Cruises, whether in its passenger contract terms or elsewhere. All rights granted to passengers in the MSC Cruises contract relating to the payment or refund of cruise fare and to cancellations by passengers shall not be operative.
NAME CHANGES, TRANSFERS & FEES
The passenger who places a reservation for a cabin on board is considered the cabin’s “Primary” passenger, and is therefore solely responsible for initiating or authorizing changes to the reservation.
Primary passenger name changes are considered a transfer, and are subject to a $100 transfer fee.
If a Primary passenger reservation is transferred to a NEW passenger, the NEW passenger must make full deposit payment amount due based on the above due dates. Once that payment has been made, then the applicable amounts paid by the ORIGINAL traveler will be refunded directly to the original traveler.
Through December 1st, each cabin will receive one (1) complimentary name change (excluding Primary passenger) or passenger addition, for second, third or fourth passengers. Additional name changes will be assessed a $50 fee for each occurrence. No name changes will be permitted after February 15th.
All reservations changes (name changes, transfers & fees) must be submitted in writing via email to reservations@MoodiesCruise.comThe date that such written notice of cancellation is received will determine the applicable cancellation fees per the above schedule. No exceptions will be made.
RIGHT TO CHANGE ITINERARY
OTB and/or MSC Cruises reserve the right, at any time, to change the cruise itinerary whenever advisable or necessary. In this case, OTB and/or MSC Cruises 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.
PORTS OF CALL
You assume sole responsibility for your own safety in any port of call. OTB and the other Released Parties do 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. OTB and the other Released Parties assume no responsibility for gathering and/or disseminating any such information.
SHORE EXCURSIONS & CRUISE AMENITIES
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. OTB 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 each of the Released Parties 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.
Infants must be at least 3 month old at the time of sailing.
Guests under the age of 21 must be traveling with a parent or responsible adult AND must be booked in the same stateroom or a connecting cabin.
Guests under the age of 21, traveling with a guardian 21 years or older, (who is not a parent, grandparent or court-appointed legal guardian), MUST bring an original signed letter from the absent parent/legal guardian authorizing the minor to travel with the appointed guardian. This will expedite processing by the Department of Homeland Security. Please note that a notarized letter to this effect is highly suggested.
Please note that adult guests are responsible for the safety and behavior of their minor guests.
Guest ages will be verified at embarkation. Guests not conforming to this policy will be denied boarding and assessed a 100% cancellation penalty. NO exceptions will be made at embarkation.
PASSPORT & LEGAL DOCUMENT REQUIREMENTS
The Western Hemisphere Travel Initiative (WHTI) Passport Requirements became effective June 1, 2010, for land and sea borders. While the WHTI requires a valid passport for land and sea travel, a final ruling was issued allowing leniency for “closed-loop” cruises, i.e., sailings that both originate and terminate in the same U.S. port.
U.S. citizens taking “closed-loop” cruises are not required to have a passport, but will need proof of citizenship such as an original or certified copy of a birth certificate, a certificate of naturalization, a passport card, an enhanced driver’s license (EDL) as well as a government-issued photo ID. Children are also required to bring proof of citizenship, and if 16 and over, a photo ID is also required. Canadian and Bermudian citizens are required to have a passport for air, land and sea travel, including all Carnival cruises.
Although a passport is not required for U.S. citizens taking “closed loop” cruises, we strongly recommend all guests travel with a passport (valid for at least six months beyond completion of travel). Having a passport will enable guests to fly from the U.S. to a foreign port in the event they miss their scheduled embarkation or to fly back to the U.S. if they need to disembark the ship mid-cruise due to an emergency.
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.
For more information or to obtain a passport application, visit www.travel.state.gov.
All guests must present the required documentation at embarkation. Guests without the required documentation will be denied boarding and no refund will be issued. Please understand that MSC Cruises will strictly enforce this requirement to be in compliance with this important U.S. Government mandate.
Family Legal Documents: Adults who are not the parent or Legal Guardian of any minor child traveling with them are required to present the child’s valid passport and visa (if required) or the child’s birth certificate (original or certified copy) and an original notarized letter signed by at least one of the child’s parents. The notarized letter from the child’s parent must authorize the traveling adult to take the child on the specific cruise and must authorize the traveling adult to supervise the child and permit any medical treatment that must be administered to the child. If a non-parent adult is a Legal Guardian, the adult must present a certified certificate of Guardianship with respect to the child.
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.
Citizens from the Visa Waiver Program countries will require a machine-readable passport valid for the duration of their voyage.
A machine-readable passport has a code like this on the bottom of the picture page:
OTB 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.
INOCULATION & HEALTH
All guests 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. Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are up to 23 weeks pregnant at the end of the cruise are required to produce a medical certificate of fitness to travel. The Carrier cannot for health and safety reasons carry pregnant Passengers of 24 weeks or more at the time of embarkation. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are not satisfied that the Passenger will be safe during the passage.
Boarding will be denied to any person who will enter her twenty-fourth week of pregnancy by the time of the Cruise or during the cruise and to infants under four months old. You must notify OTB 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 the Released Parties from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. OTB and MSC Cruises 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.
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 OTB and/or MSC Cruises 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. OTB shall have no responsibility to advance any such costs.
MSC Cruises and OTB assume no responsibility for carry-on luggage. Any luggage left at the pier will be forwarded at the guest’s expense. Claims for luggage loss or damage must be made in writing to debarkation personnel prior to leaving the pier area. All luggage must be stored in the passenger’s cabin. 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 MSC Cruise Lines. All luggage hand-carried or checked is subject to search.
Your decision to accept a roommate for the Cruise is at your own risk. OTB and its Released Parties are not responsible nor liable for any and all claims or cause of action arising out of or in connection with your selection 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 request or selection.
You may not sell, promote, distribute or offer for sale any merchandise, goods, souvenirs or other products on the Cruise without first obtaining OTB written approval. You may not permanently disembark the Cruise ship, or remove any merchandise from it, at any port in the United States, its districts, territories or possessions, other than at the port of final disembarkation (Ft. Lauderdale).
PHOTOGRAPHY & VIDEO
OTB and/or its promotional partners have the exclusive right to include photographic, video and other visual portrayals of passengers in any medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to passengers, and all rights, title and interest therein (including all worldwide copyrights therein) shall be OTB sole property, free from any claims by passengers or any person deriving any rights or interest from passenger. A video crew will be shooting footage to be used for the promotion of future OTB events. When the video team is shooting in any particular location/venue on the ship, your presence in said location/venue acknowledges your permission for your likeness to be used in future, non-broadcast promotional videos or still pictures. If you do not wish to be filmed please notify the video crew and be prepared for them to ask you to exit the location/venue for a short time until taping is complete.
PHOTO POLICY FOR PASSENGERS
Guests will be permitted to take photos and videos onboard the cruise and during performances with small, non-professional digital cameras and cell phones. Out of respect for our performers and your fellow guests, we ask that you please NOT use flash during shows. Professional quality cameras with detachable lenses and video specific cameras are strictly prohibited. We appreciate your cooperation!
REFUSAL OF PASSAGE
Transportation on the Cruise may be denied to any person who, in OTB or MSC Cruises 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, OTB and MSC Cruises 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. OTB and MSC Cruises has the right to disallow booking or boarding to any passenger, that in the opinion of OTB and MSC Cruises may impact the cruise, other passengers, or artists in a negative or disruptive way. OTB and MSC Cruises shall have unilateral rights in any such decisions. The Released Parties shall have no liability to any such person or any third party arising out of any such decision. Any costs resulting from OTB and/or MSC Cruises’ decision, including, without limitation, costs of lodging and transportation, shall be the responsibility solely of the person.
Passenger, or if a minor, his or her parent or guardian, shall be liable to, and shall reimburse Released Parties for, any damage to the Released Parties’ property, the Vessel, the Transport or any property of MSC Cruises caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger; and Passenger, or if a minor, his or her parent or guardian, shall further indemnify the Released Parties and each and all of their agents and servants against all liability which the Released Parties may incur towards any person or company or government for any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of Passenger.
ZERO TOLERANCE DRUG POLICY
OTB has 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 OTB and MSC Cruises shall not be liable for any refund or other compensation or damages.
LIQUOR & BEVERAGE POLICY
Guests are prohibited from bringing any alcoholic beverages, non-alcoholic beverages or any food onboard. Alcoholic beverages will not be sold or served to anyone under the age of 21. We reserve the right to refuse the sale of alcoholic beverages to anyone. Alcoholic beverages purchased in the ship’s gift shops or in ports of call will be retained by MSC Cruise Lines until the end of the voyage.
LIMITATION OF LIABILITY
By booking the Cruise, you (the passenger) agree to release and hold harmless the Released Parties, 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 (except when such damages were caused by the Released Parties’ negligence and resulted from the same passenger’s sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to have been intentionally inflicted by the Released Parties); (4) any change in scheduled Cruise events and/or celebrity appearances; or (5) MSC Cruises exercise of its contractual rights (see below). You further agree that the Released Parties shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by any of the Released Parties, nor for any intentional or negligent acts of any of the Released Parties’ 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 the Released Parties’ liability shall be limited to the maximum extent permitted by law. In addition, in such case:
- Claims for Personal Injury, Illness or Death: – The Released Parties shall not be liable for any claims whatsoever for personal injury, illness or death of a passenger, unless full particulars in writing are given to OTB within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the injury, event, illness or death, and unless served on OTB within 120 days after filing. You (the passenger) expressly waive all other potentially applicable state or federal limitations periods.
- Claims other than Personal Injury, Illness or Death: – The Released Parties shall not be liable for any claims whatsoever, other than for personal injury, illness or death of a passenger, unless full particulars in writing are given to OTB within 30 days after the passenger is landed from the Cruise, or if the Cruise is abandoned, within 30 days thereafter. Suit to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless filed within six months after the date the passenger is landed from the Cruise or the Cruise is abandoned, and unless served upon OTB within 120 days after filing. You (the passenger) expressly waive all other potentially applicable state or federal limitations periods.
THE EXCLUSIONS OR LIMITATIONS OF LIABILITY OF THE RELEASED PARTIES SET FORTH IN THE PROVISIONS OF THIS CONTRACT SHALL ALSO APPLY TO AND BE FOR THE BENEFIT OF AGENTS, INDEPENDENT CONTRACTORS, CONCESSIONAIRES AND SUPPLIERS OF THE RELEASED PARTIES, TOGETHER WITH THE EMPLOYEES AND SERVANTS OF EACH OF THE FOREGOING. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL THE RELEASED PARTIES OR MSC Cruises BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.
CANCELLATION BY OTB AND/OR MSC CRUISES
In the event of strike, lockouts, riots or stoppage of labor from whatever causes, or for any other reason whatsoever beyond the control of OTB or MSC Cruises, MSC Cruises 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 MSC Cruises nor OTB shall be liable for any loss whatsoever to passengers by reason of such cancellation, advancement, postponement, or substitution. Thereupon, OTB shall return to you, if the Cruise is completely cancelled, your cabin fare, prepaid gratuities, cruise line transfers and related taxes and fees, or, if the Cruise is partially cancelled, a proportionate part thereof. Under such circumstances, OTB and the Released Parties 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.
OTB has entered into an agreement with each performing artist on the Cruise to be present on board the Cruise and to perform in accordance with terms specified therein. However, neither OTB nor MSC shall be liable or responsible for failure of any artist or musician to appear on board or to perform under its agreement. Further, neither OTB nor MSC 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 OTB’s reasonable control. In the event of any failure of contracted artists to perform during the cruise, OTB, 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, OTB, shall have no liability to any Passenger for any loss, damage, cost or expense whatsoever by reason of such change.
DECISIONS OF MSC CRUISES
You will receive MSC Cruises Standard Contract of Passage Terms and Conditions (the “MSC Cruises PASSENGER CONTRACT”) with your Cruise ticket. The MSC CRUSES Contract constitutes your agreement with MSC Cruises. The MSC Cruises Contract provide that MSC Cruises may exercise its rights in a variety of matters, including, without limitation: Its right to alter the ship’s course, ports of call, itinerary, activity and shore excursions, for any reason, to ensure the comfort and safety of the passengers and crew;
Its decision to comply with any order, recommendation or direction given by any government or other person or OTB; and Its decision to deny boarding to, confine to a stateroom or disembark any Cruise passenger. The Released Parties (as defined above) 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 MSC Cruises exercise of any of its rights as provided in the MSC Cruises Terms. Without limiting the foregoing, the Released Parties 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 MSC Cruises exercise of its contractual rights.
Except where prohibited by law, you (the passenger) expressly agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Cruise shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Miami, Florida, U.S.A. to the exclusion of the courts of any other state, territory or country; (2) you waive any venue or other objection that you may have to any such action or proceeding being brought in any court located in Miami, Florida; (3) 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 (4) 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 the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
MSC Cruises reserves the right to substitute the Cruise vessel. Any consequences arising out of MSC Cruises exercise of this right shall be governed by the agreement between MSC Cruises and OTB, and not by MSC Cruises agreement with you, the passenger. Further more, in the event of any conflict between the MSC Cruises Terms and these Terms and Conditions, these Terms and Conditions will prevail. In addition, MSC Cruises and/or OTB may reassign cabins as determined necessary or desirable by the Vessel’s Safety Department or OTB, in their sole discretion.
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 and without 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 OTB for the price of passage.
In addition to the restrictions and exemptions from liability provided in these Terms and Conditions, the Released Parties 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 the Released Parties of any such statutory limitation of or exoneration from liability. Without limiting the foregoing, the Released Parties 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 the liability of the Released Parties 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 and the terms accepted during the cruise reservation process contain the entire agreement between OTB and Passenger and supersedes 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 OTB. 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.
** The above Terms & Conditions are subject to change at any time **
MSC PASSENGER CONTRACT: