Terms & Conditions
THIS DOCUMENT IS THE CONTRACT BETWEEN YOU AND CONTRACTOR 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 11 AND RETAIN IT FOR YOUR FUTURE REFERENCE.
3. TRAVEL AGENTS
4. GUEST RESPONSIBILITIES & REPRESENTATIONS
o GUEST’S INTERRUPTION OF VOYAGE; QUARANTINE
o RULES AND REGULATIONS; COMPLIANCE WITH LAW
o UNAUTHORIZED STOPOVERS OR DISEMBARKATION
5. INFANTS AND MINORS
6. CANCELLATION PRIOR TO EMBARKATION
7. CARRIER’S CANCELLATION, DEVIATION OR INTERRUPTION OF VOYAGE; CHANGE IN ACCOMMODATIONS
8. CARRIER’S LIMITATIONS OF LIABILITY
o HEALTH, MEDICAL CARE, SHORE EXCURSIONS AND OTHER SERVICES
o EXCLUDED LOSSES
o BAGGAGE AND PERSONAL EFFECTS
o LIABILITY LIMITATIONS
o LIMITATIONS OF CERTAIN DAMAGES
9. TIME LIMITS FOR CLAIMS/LAWSUITS
10. GOVERNING LAW, VENUE AND ARBITRATION
11. WAIVER OF CLASS ACTION AND ARREST
12. INTERPRETATION OF CONTRACT, OTHER LAWS
13. WARRANTIES AND CONSEQUENTIAL DAMAGES
14. GUEST SAFETY
15. SPORTS & RECREATIONAL ACTIVITIES AND EQUIPMENT
16. SMOKING POLICY ON ISLAND ESCAPE CRUISES
• This Contract contains all the terms of agreement between you and Contractor. The acceptance and/or use of this Contract by the person named hereon as Guests shall be deemed to be an acceptance and agreement by each of them of all of the terms and conditions herein. The person purchasing, accepting and/or named on 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 for the Voyage indicated. The terms, conditions and limitations herein shall apply to any and all disputes between you and Contractor regardless whether arising aboard the Yacht or in any other place, location or mode of transportation whatsoever.
• All rights, defences, disclaimers and limitations of liability set forth herein shall inure to the benefit of the Contractor; the Yacht owner (Seasons Shipping Limited), their respective affiliates, officers, directors, managers, employees agents and charterers and all concessionaires, independent contractors or other providers of any services or facilities in connection with or incident to the Guest’s Voyage, 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 (all such third parties collectively referred to as “Related Parties”) and shall be enforceable by each respective Related Party in accordance with the provisions of Part 2, Subpart 1 (contractual privity) of the Contract and Commercial Law Act 2017.
• “Contractor” means the Operator, Island Escape Cruises (NZ) Limited, a New Zealand registered company.
• “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.
• “Voyage” means the sailing from the port of departure to the final port of disembarkation, including any road or sea port, any land accommodation components or package sold with, or included in the price of or taken in connection with the Voyage, any shore excursions or shore side facilities related to or offered during the Voyage, and all transportation to or from the voyage if purchased through or arranged by Contractor.
• “Voyage Fare” means the amount actually received by the Contractor for your Voyage. It covers the Voyage package, optional use and enjoyment of Contractor-furnished sports and recreational equipment, scheduled meals and accommodations while on board, air supplements if arranged through Contractor and, if you are participating in any pre-embarkation program, transfers to and from the Yacht. Voyage fare does include Government taxes and fees imposed or sanctioned by any Government, foreign or domestic.
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 shore side accommodations and meals, provides such services solely for you, and not for Contractor, as an independent contractor. Contractor accepts no responsibility for any representations, acts, omissions, the financial condition or integrity of any travel agent utilized by Guest in connection with your Voyage, including any failure to remit your funds to Contractor or to remit any refund to you, and the guest remains liable for the fare due to the Contractor. Receipt of this Contract or any other documents or information by your travel agent constitutes receipt by you.
4. GUEST RESPONSIBILITIES & REPRESENTATIONS
• 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 (some countries may require passport validity of 6 months), exit and entry visas as required, and any other necessary documentation required by any foreign port visited. Guests are advised to consult with their travel agents and the appropriate governmental agencies and embassies to determine applicable requirements. Contractor 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.
• 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 voyage, inform the Contractor, 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 Voyage and any additional information regarding any prescriptions that may affect you while on the Voyage. If any such condition arises after you have booked the Voyage, you must report the condition to the Contractor, 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 or prescriptions will release the Contractor or any other personnel affiliated with the Contractor 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 Contractor shall have no responsibility or obligation to provide any special services or medical equipment to Guests. The Guest shall be liable to the Contractor and shall reimburse it for all loss, damage or delay sustained by the Contractor because of any omission of the Guest.
• Guest warrants that the Guest’s conduct or presence will not impair the safety of any passenger, crew member or the Yacht from over-consumption of alcohol or drugs. Guest further warrants that the Guest will not bother or harass any other passenger or crew member on-board the Yacht with any inappropriate behaviour or violate the privacy of any other passenger or crew member by including them in photographs or recordings without their express consent.
• The Contractor may refuse to embark, disembark or confine you to a stateroom, if, in the sole opinion of the Contractor, your physical or mental condition creates an unreasonable risk to yourself or others or unreasonably interferes with the peace and tranquillity of the Yacht or enjoyment of others. If the Contractor refuses to allow you on board for any of these reasons prior to the commencement of the Voyage, a refund of the voyage 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 Contractor’s cancellation policy referenced in section 6 of this Contract, with no further liability whatsoever. Contractor 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 Contractor for any costs, penalties or demands arising therefrom.
• No animals will be allowed on the Yacht under any circumstances unless deemed necessary to assist with a physical disability and provided (a) the Contractor is given advance notice at the time of booking the voyage that said animal will be carried aboard; (b) the Guest assumes all responsibility for said animal’s food and hygiene; and (c) the Guest agrees to indemnify and defend Contractor 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 Contractor shall have no liability to Guest whatsoever arising therefrom.
• 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.
GUEST´S INTERRUPTION OF VOYAGE; QUARANTINE
• The Contractor may confine you to your stateroom, change your accommodations or disembark or remove you at any port if, in the sole opinion of the Contractor, your presence might be detrimental to your own health, comfort or safety or that of any other persons, you might be 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, you will be solely responsible for all resulting costs and expenses, including repatriation, and must reimburse the Contractor for any such costs or expenses which it may incur on your behalf.
RULES AND REGULATIONS; COMPLIANCE WITH LAW
• You must at all times obey all the rules, regulations and orders of the Contractor and the Yacht’s Master and officers. 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 Contractor 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.
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 Contractor 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.
• The Voyage is intended for adult Guests over the age of eighteen (18). Contractor provides no services intended or suitable for minors, this includes all excursions, water sports or other activities. Contractor may, in its full discretion, deny minors any access or use of the Contractor’s facilities or services, including bar services. Contractor provides no services related to the care of minors such as babysitting, childcare or entertainment for children. Contractor offers no children pricing or similar discounts for minors. A minor will be treated equally to adult Guests for all pricing purposes.
• No child under the age of thirteen (13) 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 be signed by the minor’s parent or legal guardian and delivered to the Contractor eight weeks before sailing. You agree to fully supervise any and all persons under the age of eighteen (18) accompanying you during your voyage. You also agree to indemnify Contractor 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.
6. CANCELLATION PRIOR TO EMBARKATION
• Refunds for Guest cancellations are limited by the terms of Contractor’s cancellation policy.
• The Contractor may for any reason whatsoever cancel, postpone or advance any sailing or terminate the Contract at any time before departure and the Contractor’s only liability will be to refund to the Guest the amount received for the Yacht Ticket Contract. Under no circumstances shall Contractor be liable for any other loss or damages whatsoever, including but not limited to consequential losses of any nature.
7. CONTRACTOR´S CANCELLATION, DEVIATION OR INTERRUPTION OF VOYAGE; CHANGE IN ACCOMMODATIONS
• The Contractor may, with or without advance notice, 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 ship or conveyance, whether belonging to Contractor or not, back to the port of embarkation or to the originally scheduled port or disembarkation. Prior to departure the Contractor may do so for any reason whatsoever. Following departure the Contractor may only do so where this is reasonably necessary (including, without limitation, for health and safety reasons).
• In the event that the cancellation/deviation/interruption occurs prior to the commencement of the Voyage, the Guest shall be entitled to terminate this Contract and if such option is exercised, the Guest will be entitled to a refund of the full Voyage Fare.
• In the event that the cancellation/deviation/interruption occurs subsequent to the commencement of the Voyage, the Guest shall have no right to any refund or any other compensation, and the Contractor shall have no obligation or liability in respect thereof to the Guest except in the event of the Contractor’s wilful or negligent actions or as pursuant to the Consumer Guarantees Act 1993, if applicable (refer to section 13), as follows:
1. If any portion of the Voyage is cancelled altogether, Contractor shall refund a proportionate share attributable to the cancelled portion.
2. If the scheduled Voyage date or time is delayed and you are not accommodated on board, the Contractor may arrange hotel accommodations at no additional expense to you for the duration of the delay.
3. If the scheduled port of embarkation or disembarkation is changed, the Contractor will arrange transportation to or from the originally scheduled port.
4. If in the opinion of the Master, booked accommodations must be changed, the Contractor shall have the right to allocate other accommodations to the Guest.
8. OPERATOR’S LIMITATIONS OF LIABILITY
HEALTH, MEDICAL CARE, SHORE EXCURSIONS AND OTHER SERVICES
• All health, medical or other personal services in connection with your Voyage, 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.
• The Yacht does not carry a Doctor or nurse on-board as we are not a medical provider. The Yacht is equipped, and crew trained according to international rules and regulations of passenger ships of its size. Guest shall disclose any pre-existing medical conditions and prescriptions to the Yacht medical officer on-board prior to any treatment and to the Contractor prior to the disbursement of any motion sickness medications.
You accept and use medicine, medical treatment and any other services made available on the Yacht or elsewhere during the voyage at your sole risk and expense without liability or responsibility of the Contractor.
• Contractor does not supervise or control the actions of connecting land and sea carriers, shore excursion or tour operators or providers of any other personal services in connection with the Voyage, who shall be considered independent contractors working directly for the Guest. Contractor 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 Contractor in the event Contractor elects to pay the cost of all emergency medical care, including transportation connected therewith.
• The Contractor and the Related Parties are not liable for death, injury (including mental anguish), illness, damage, delay, non-performance 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 labour 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 Contractor’s reasonable control or not occasioned by the Contractor’s negligence. The Guest agrees that any/all such risks are contemplated as forming part of the proposed Voyage and this Contract. Contractor and the Related Parties 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 Contractor. 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 Contractor shall have no liability to Guest whatsoever for a refund or otherwise. If you use the Yacht´s 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 Contractor is not responsible.
BAGGAGE AND PERSONAL EFFECTS
• You may take a reasonable amount of luggage on board containing clothing, toilet articles and personal effects. Due to restricted space, luggage is stored under the beds in your cabin and cannot be higher than 30cm laying down. Special restrictions on voyages where Guests board or disembark by helicopter whereby Guests are recommended to use “soft luggage” and not more than 25kg per Guest. You may not take on board firearms, controlled or prohibited substances or inflammable or hazardous items, or any items prohibited by applicable 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. In respect of all Voyages in New Zealand you agree that for the purposes of the Contract and Commercial Law Act 2017, this Contract is a contract for carriage at limited carrier’s risk and as such, the Contractor’s liability for loss or damage to baggage or personal property is limited under all circumstances to N.Z. $2,000.00 for each unit of goods lost or damaged. In respect of all Voyages outside New Zealand, you agree that the Contractor’s liability for loss or damage to baggage or personal property is limited under all circumstances to N.Z. $350.00 per Guest. In each case. 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 N.Z. $2,500.00 shall be the limit of the Contractor liability), and the Guest pays to the Contractor at least three weeks in advance of embarkation the full cost of insurance for such declared values. In such event, Contractor’s liability shall be fully discharged by the procurement of insurance that is subject to any applicable terms, conditions, exclusions and deductible. The Contractor does not undertake to carry as baggage any money, valuables, precious stones, gold, silver or any other similar articles. You should arrange to have them shipped to your destination by other means. Contractor and the Related Parties shall not be liable whatsoever, for negligence for otherwise, for any loss or damage to such items, or cash, negotiable instruments, documents, jewellery, 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 otherwise; or for loss or damage to property or baggage while not in the possession of Contractor on board the Yacht; or for damage due to wear, tear or normal usage. Items stored in the Yacht’s safe are subject to the same limitations as set forth above. Under no circumstance will the Contractor or any Related Party be responsible for loss or damage to any item placed in the safe 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.
• Where applicable, the Contractor shall be entitled to the benefit of any and all restrictions, exemptions, immunities, and limitations of liability set forth in the “Athens 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 Operator’s liability for death or personal injury of a passenger to no more than 46,666 Special Drawing Rights (“SDR”) and limits the Contractor’s liability for a passenger’s luggage or other property to 833 SDR per passenger. For liability in respect of a passenger’s luggage on voyages within New Zealand, please refer to the preceding section. The value of the SDR fluctuates depending on daily exchange rate which can be found in the Wall Street Journal and on the internet at http://www.imf.org/external/np/fin/data/rms_sdrv.aspx.
LIMITATIONS OF CERTAIN DAMAGES
• The Contractor 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 Contractor.
9. TIME LIMITS FOR CLAIMS/LAWSUITS
• THE GUEST ACKNOWLEDGES AND AGREES THAT IT WILL NOT BE ENTITLED TO BRING ANY CLAIM FOR PERSONAL INJURY (INCLUDING FOR DEATH) FOR WHICH COVER IS PROVIDED BY THE ACCIDENT COMPENSATION ACT 2001.
• Neither the Contractor, nor any Related Party shall be liable for any personal injury, illness or death of a Guest unless written notice of claim with full particulars is delivered to the Contractor at the address shown below within 185 days after the date of the injury, illness or death giving rise to the clam. A suit to recover on any such claim shall not be maintainable unless filed within two years from the date of disembarkation of the Guest. A suit to recover on death occurring during carriage shall not be maintainable unless filed within two years from the date when the Guest should have disembarked. A suit to recover personal injury during carriage and resulting in the death of the Guest shall not be maintainable unless filed within two years from the date of death, provided that this period shall not exceed three years from the date of disembarkation. The Contractor shall not be liable for any other claims whatsoever unless written notice of the claim with full particulars is delivered to the Contractor at the address shown below within fifteen (15) days after disembarkation in case of damage to luggage which is not apparent or lost luggage. In the case of apparent damage to the cabin luggage the Guest shall provide notice before or at the time of disembarkation, and for all other luggage before or at the rime of its redelivery. 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 the Yacht or in case the Voyage is abandoned within six (6) months thereafter and unless properly served within 120 days after the filing. All notices required hereunder must be delivered to the Contractor in writing at: Island Escape Cruises (NZ) Limited P.O. Box 43, Auckland, 1140, New Zealand.
10. GOVERNING LAW, VENUE AND ARBITRATION
• THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH NEW ZEALAND LAW.
• ANY CLAIM MUST BE BROUGHT AT THE EXCLUSIVE JURISDICTION OF THE NEW ZEALAND COURTS.
ARBITRATION IN AUCKLAND, NEW ZEALAND
• All claims shall be referred to and resolved exclusively by binding arbitration pursuant to the Arbitration Act 1996 to the exclusion of any other forum. If this arbitration clause, due to this passage contract becoming subject to mandatory legislation in any jurisdiction or for any other reason, is deemed not to be binding on a claim brought by the Guest and the Guest rejects arbitration pursuant to this clause, the claim must be brought at the Auckland law court.
• UNDER NO CIRCUMSTANCE WILL THE GUEST OR CARRIER HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION ACT 1996. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR CARRIER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. An award rendered by an arbitrator may be entered in any court having jurisdiction under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958) . Contractor and the Guest further agree to permit the taking of a deposition under oath of the Guest asserting the claim, or for whose benefit the claim is asserted, in any such arbitration.
• THIS CONTRACT APPLIES TO CLAIMS, SUITS AND LITIGATION OF ANY KIND, WHETHER AGAINST THE CONTRACTOR “IN PERSONAM” OR THE YACHT “IN REM”, OR OTHERWISE.
11. WAIVER OF CLASS ACTION AND ARREST
• THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST CONTRACTOR OR ANY RELATED PARTY WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.
• IF YOUR CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 10 ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN, SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
• GUEST HEREBY WAIVES ANY RIGHT TO ARREST ANY OF CONTRACOR’S YACHTS PURSUANT TO ANY IN REM ACTIONS OR OTHERWISE DETAIN ANY OF CONTRACTOR’S YACHTS IN ANY JURISDICTION.
12. INTERPRETATION OF CONTRACT, OTHER LAWS
• There are no oral or implied agreements between you and the Contractor and this Contract can only be modified in writing and signed by the Contractor. 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.
13. WARRANTIES AND CONSEQUENTIAL DAMAGES
• Where you are acting “in trade” pursuant to section 43 of the Consumer Guarantees Act 1993 (“CGA”), you agree that the CGA will not apply to this Contract or any of the services provided under it. Otherwise, nothing in this Contract will affect the rights and remedies of the Guest provided for under the CGA, including the guarantee that services will be carried out with reasonable care. All other warranties are expressly excluded from this agreement. The Contractor 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.
14. 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 does not carry a physician or other medical personnel. 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 to the satisfaction of the Guest or may be significantly delayed. Guests must assume responsibility for their own safety and Contractor cannot guarantee Guest’s safety while on or off the Yacht. The Guest should consult governmental and tourist organizations that regularly issues advisories and warnings to travellers and Contractor 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. Contractor assumes no responsibility for gathering such information.
15. SPORTS & RECREATIONAL ACTIVITIES AND EQUIPMENT
• In consideration of your payment of the Voyage fare, Guest may have the option, subject to local weather conditions as well as the laws and regulations of each port of call, to utilize Contractor’s 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 Voyage. These activities could include but are not limited to cycling, kayaking, snorkelling, swimming (collectively “sports activities”). Guest acknowledges that: (A) there are risks and dangers involved with his or her participation in sports activities that can result in serious injury or death; (B) Contractor can in no way guarantee the safety or welfare of Guest in any sports activities and Contractor 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 Contractor against any claims made by or on his or her behalf as a result of using Contractor’s 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 Contractor; and (E) Contractor shall accept no responsibility for Guest’s failure to abide by the Yacht’s rules and restrictions, governmental rules, regulations and restrictions concerning sports activities.
16. SMOKING POLICY AND ELECTRICAL OUTLET USE ON ISLAND ESCAPE CRUISES
• The Contractor does not permit smoking on-board its vessel, this includes e-cigarettes.
• The Guest is not allowed to use any electrical items on-board which can cause a risk of fire, such as personal irons.
• All chargers should be unplugged while not in use.
• Candle lights are not allowed on-board.
• At time of booking you will receive an invoice. To guarantee the booking a 25% deposit or full payment is required on or within 7 days. If payment is not received, your booking will be cancelled.
• Full payment is required 90 days before voyage departure date.
Payment may be made by wire transfer, Visa®, Master Card® credit cards through Windcave Payment Express system. Any credit card details stored for payments are done so on the Windcave system. No credit card information is stored by Contractor. Windcave Payment Express protects personal information to the Payment Card Industry Data Security Standards (PCI-DSS).
• Please be aware that some credit card issuing banks may impose a “Transaction Fee” on credit card transactions. This “Transaction Fee” is an arbitrary fee imposed by the credit card issuing banks which accrues solely to their benefit. The Contractor derives absolutely no benefit, monetary or otherwise, from the assessment of these fees.
CANCELLATION AND REFUND POLICY
• Cancellation requests must be made by telephone or in writing to the Contractor. Guests who cancel prior to sailing for any reason, including medical reasons, will be subject to the following cancellation fees:
• Cancellation requests received following number of days before sailing:
1. 91 days or more = deposit
2. 89 days or less = 100% of full fare
3. Non-appearance/no written notice = 100% of full fare
4. Voluntary termination by the guest of a cruise in progress will result in no refund.
CHARTER PAYMENT/CANCELLATION POLICY
• At time of booking you will receive an invoice for your charter. To guarantee the booking a 25% deposit of full payment is required on or within 10 days. If payment is not received within 10 days, your booking will not be confirmed.
• Payment of the balance is required as follows:
1. 180 days before your voyage departure date = 25% of the charter.
90 days before the voyage departure date = 50% of the charter.
Cancellation requests received following number of days before sailing:
2. 91 days of more = no refund
3. 89 days or less = no refund
4. Non-appearance/no written notice = no refund
5. Voluntary termination by the guest of a voyage in progress will result in no refund.
6. Early bird discounts do not apply to charter rates.