Terms and Conditions of Passage
IMPORTANT NOTICE TO PASSENGER: THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SOUTHERN STAR CRUISES, SAS. IT IS IMPORTANT THAT YOU CAREFULLY READ ALL OF THE FOLLOWING TERMS & CONDITIONS WHICH LIMIT OUR LIABILITY AND YOUR LEGAL RIGHTS, PARTICULARLY SECTION 3, AND SECTIONS 10 THROUGH 12 REGARDING LIMITATIONS OF LIABILITY, TIME TO BRING ACTIONS OR LAWSUITS, CLASS ACTIONS WAIVER, GOVERNING LAW, AND FORUM SELECTION.
YOU ARE FURTHER DIRECTED TO CAREFULLY READ AND UNDERSTAND SECTION 8 AND SECTION 9 WHICH CONTAIN IMPORTANT TERMS AND POLICIES RELATED TO PUBLIC HEALTH, INCLUDING COVID-19 (“COVID-19 POLICIES AND PROCEDURES”). RETAIN THIS DOCUMENT FOR FUTURE REFERENCE.
1. DEFINITIONS; INCORPORATION OF PASSENGER INFORMATION ON WEBSITE AND OF PAYMENT RECEIPT:
As used herein, “Cruise” means the voyage for which passenger’s fare is payable, including all related shoreside excursions; “Vessel” means the vessel for the Cruise and tenders; “SSC” means, collectively and individually, Southern Star Cruises, SAS., the Vessel, its owners, operators, employees, and agents. “Passenger” or “you” means all person or persons booking or purchasing passage under this agreement, persons in their care, and their respective heirs and representatives.
The “Passenger Information” posted at https://www.americancruiselines.com/general-information on SSC’s website (the “Passenger Information”), as such information is in effect as of the date Passenger first pays any fare for the Cruise, is hereby incorporated as part of the parties’ agreement. These terms and conditions of passage, the Passenger Information, and your payment receipts (the “Agreement Documents”) constitute the entire agreement between you and SSC (the “Contract”) and supersede all other agreements, oral or written. If terms in other Agreement Documents conflict with these terms and conditions, these terms and conditions shall control.
2. AGREEMENT TO TRANSPORT
Upon receipt of payment by you of the total Cruise fare, Southern Star Cruises, SAS. agrees to provide a Cruise according to all of the terms, conditions, limitations, and exceptions contained in this Contract.
3. LIMITATION OF LIABILITY FOR BAGGAGE, PERSONAL PROPERTY; PROHIBITED ITEMS; CONSENT TO SEARCH:
SSC’S LIABILITY FOR LOST OR DAMAGED PERSONAL PROPERTY IS LIMITED TO THE CONTENTS OF BAGGAGE WHEN TRANSFERRED ON OR OFF THE VESSEL UP TO A MAXIMUM OF $50 PER PASSENGER. SSC IS NOT LIABLE FOR PASSENGER’S LOST, DAMAGED, OR STOLEN MONEY, JEWELRY, ELECTRONIC EQUIPMENT (INCLUDING CAMERAS, COMPUTERS, IPADS, CELLPHONES, ETC.) OR OTHER ITEMS OF VALUE, OR FRAGILE OR PERISHABLE ITEMS.
In no event shall Passenger bring aboard the Vessel or check-in any flammable, explosive, weapon, or any other dangerous or harmful article of any kind, including illegal narcotic or other controlled substance (including but not limited to marijuana). Lithium batteries are allowed on board only if they are kept in baggage usually carried by Passenger; lithium batteries should not be stored or kept in baggage that is difficult to access. Animals of any kind may not be brought aboard the Vessel.
Passenger agrees to a reasonable search of his/her baggage, person, and property, and to the destruction, removal or confiscation of any object which may in SSC’s sole opinion impair the safety of the Vessel or Passenger or others, or inconvenience others.
4. CHANGES:
SSC reserves the right to change, cancel or substitute any itinerary, vessel, stateroom, port of call, schedule, tour, excursion or duration of voyage at any time and for any reason whatsoever without prior notice (including reducing or extending days of the voyage or continuing or finishing a voyage via other means of transportation) and shall not be liable for any claim whatsoever by you for such change, including, but not limited to, loss, compensation, or refund, except: (i) if SSC cancels your Cruise, or delays your Cruise for more than 3 calendar days, and you do not accept an alternative cruise or choose not to travel on a delayed cruise, you will be entitled to a refund of Cruise fare and charges for accommodations, services and facilities (including port fees, taxes and other ancillary charges paid to SSC in relation to your Cruise) for the cancelled or delayed Cruise; (ii) if a Cruise terminates early, you will be entitled to a pro-rata refund (calculated on a per-day basis) of Cruise fare actually paid less applicable fees and charges, and; (iii) if a tour or excursion is canceled, you will be entitled to a refund of deposit actually paid to SSC for that tour or excursion.
5. SHORESIDE TOURS AND SERVICES/AIR TRAVEL:
Shoreside or afloat tours or other services (collectively “Tours”) and any air travel arranged by SSC are made solely for Passenger’s convenience and are at Passenger’s risk. The providers of Tours and providers of air travel are either independent contractors or subject to contractual arrangements with SSC and are not agents or representatives of SSC. Although SSC may earn a profit from Tours or airline ticket services, in no event shall SSC be liable for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to Passenger arising out of or related to Tours, or by any airline, hotel, motel, ground carrier or any other provider of services, where utilized and/or offered incidentally to or in conjunction with carriage of Passenger aboard a Vessel.
For certain itineraries, SSC may purchase your air tickets for you. If SSC does purchase your air tickets, SSC will arrange for air transportation from select cities near your point of departure to an airport near the departure location for your Cruise, as well as return air transportation from a city near the disembarkation point of your Cruise to the originating city. SSC reserves the right to change or alter, without prior notice, flight arrangements in order to meet our ship departure and/or arrival times. SSC will notify you of flight re-accommodations. If tickets have already been issued, SSC will adjust your itinerary or air carrier accordingly and will notify you of any price adjustments that may be necessary. Unless specifically arranged by SSC, you are responsible for any ground transportation or hotel accommodations.
Air reservations are not guaranteed and are at all times subject to the air carrier’s availability and restrictions. If you choose to cancel your flight arrangements or alter your airline schedule in any way once your tickets have been issued, you will be responsible for any additional cost or fees resulting from the cancellation or change, which can total up to the full cost of the ticket. SSC reserves the right to pass on to you any cancellation or change penalties. If you fail to use your airline ticket, you are not entitled to compensation or you forfeit the value of the ticket. Unused airline tickets are only refundable to SSC.
If, for any reason beyond SSC’s control, SSC is not able to arrange for air transportation, or if air transportation arranged is no longer available, SSC’s sole liability will be limited to refunding the air add-on component to your fare. SSC is not affiliated with the airline carriers. SSC books air travel as a convenience for you. SSC assumes no liability for any of the airline’s acts or omissions, including, without limitation, those involving cancellation of flights, schedule changes, re-routings, damage to or delay or loss of baggage, flight delays, equipment failures, accidents, personal injury or death, pilot or other staff shortages, overbooking or clerical/system errors. Your rights against the airline are controlled and subject to the terms and conditions set forth in the airline’s ticket and tariffs, and any and all applicable laws and regulations.
Your actual air ticket may reflect fares higher or lower than the air add-on to your fare for air travel quoted to you by SSC. If so, the difference is neither chargeable nor refundable to you; you will be charged the amount originally quoted by SSC.
It is your sole responsibility to re-confirm flight arrangements within 48 hours of flight departure. Although SSC may pass requests for seat assignments, special meals and special assistance to the airlines, SSC cannot guarantee that such requests will be honored. SSC recommends that you contact the airline directly with any such requests. SSC is not responsible for airline schedule changes. You are responsible for luggage fees, excess luggage charges as well as any other charges imposed by airlines or airports.
If you decide to make a change to your airline reservation or upgrade your seat assignment through SSC, you will be charged any difference in price resulting from the change. SSC charges up to a $100 service fee for each passenger request to change an airline reservation.
6. CONDUCT:
Passenger represents and warrants that his/her conduct will not impair the safety of the Vessel or him/herself or others, nor inconvenience others. SSC, at its sole discretion, may refuse to carry or may land Passenger at any port, or transfer Passenger to any other means of transport because of conduct compromising safety of the Vessel or Passenger or others, or inconveniencing others, and Passenger hereby specifically releases SSC and the Vessel from any and all liability for injury or damage connected with the Cruise caused by Passenger’s misconduct at any time. Passenger shall comply with any government travel requirements and shall arrive aboard the Vessel by the time fixed by SSC. Passenger shall pay SSC on demand the cost of any loss, expense, damage, or delay, including any fine, penalty, duty, or other charge, sustained by SSC because of any act or omission of Passenger. Passenger agrees to abide by all SSC rules and regulations and all orders and directions given by SSC or the Vessel’s officers.
7. USE OF PHOTOS, VIDEOS, IMAGES OR RECORDINGS:
Passenger agrees and hereby grants to SSC the exclusive right to photograph, videotape, or otherwise record Passenger while aboard the Vessel, in port, or on Tours and include photographic, video and other visual portrayals of Passenger in any medium whatsoever for the purpose of advertising, publicity, trade or otherwise, without compensation to Passenger, and all rights, title and interest therein (including worldwide copyrights therein) shall be SSC’s sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger. Passenger agrees that he/she will not utilize any tape recording, video, or photograph(s) of him/herself, or any other passenger, crew, or third party aboard the Vessel, or depicting the Vessel, its design, equipment, or any part thereof whatsoever, for any commercial purpose or in any media broadcast, or for any other non-private use, without the express prior written consent of SSC.
8. MEDICAL ASSISTANCE:
Passenger acknowledges SSC is not a medical provider; SSC may not maintain a physician or infirmary on the Vessel; and the Vessel is equipped to provide only basic medical care for first aid to an injured or ill passenger until he/she can be evacuated from the Vessel to a shoreside medical facility, for which availability or evacuation may be limited or delayed due to the nature of sea travel and limitations of ports of call. Any medical services received by Passenger on or off the Vessel are at Passenger’s sole risk. Any personnel attending to Passenger on or off the Vessel, if arranged or employed by SSC, are provided solely for Passenger’s convenience and shall not be deemed to be acting under SSC’s control. SSC shall have no responsibility for medical care provided ashore or its cost.
9. HEALTH; ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS; RIGHT TO DISEMBARK AND QUARANTINE; COVID-19 POLICIES AND PROCEDURES.
a. Physician Consultation Recommended; Acknowledgement of Health Risks. YOU ARE ENCOURAGED TO DISCUSS THE ADVISABILITY OF TRAVEL WITH YOUR PHYSICIAN AND TO REVIEW THE WEBSITES OF RELEVANT GOVERNMENT AGENCIES FOR UPDATED INFORMATION. YOU ACKNOWLEDGE, UNDERSTAND AND ACCEPT THAT WHILE ABOARD THE VESSEL, IN TERMINALS AND BOARDING AREAS, OR DURING ACTIVITIES ASHORE AND/ OR WHILE TRAVELING TO OR FROM THE VESSEL, YOU OR OTHER GUESTS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19, INFLUENZA, COLDS AND NOROVIRUS. YOU FURTHER UNDERSTAND AND ACCEPT THAT THE RISK OF EXPOSURES TO THESE COMMUNICABLE ILLNESSES AND OTHERS IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, ARE BEYOND OUR CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. YOU KNOWINGLY AND VOLUNTARILY ACCEPT THESE RISKS AS PART OF THIS CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.
b. Right to Refuse Booking or Passage, to Disembark or Quarantine. You warrant that you and all others traveling with you are physically, emotionally and otherwise fit to undertake the Cruise; that you and they have received all medical inoculations necessary; that you and they will at all times comply with the Vessel’s rules and regulations and orders and directions of the Vessel’s master, officers and staff, and that your conduct will not impair the safety of the Vessel or jeopardize or inconvenience yourself or other guests. We may refuse to embark or may disembark, confine to a stateroom, quarantine or limit the activities during the Cruise at any time or at any port of any Passenger who may be suffering from a serious and readily communicable infectious disease or whose presence, or that of any accompanying child or traveling companion, in the opinion of the SSC, the master of the Vessel, or any doctor, may be detrimental to the comfort, enjoyment or safety of other persons, or who, in SSC’s or the master’s opinion, might create a risk of harm to any other person, or who may be excluded from landing at the destination by governmental authorities. In such cases, the Passenger shall not be entitled to any refund of the Cruise fare or any payment, compensation or credit, except as required by law or otherwise provided herein.
c. Agreement To Comply With COVID-19 Policies and Procedures. In developing COVID-19 Policies and Procedures, SSC observes guidance and directives of federal health authorities, and state and local health authorities in the destinations visited. You acknowledge that these directives may change from time to time and that SSC’s COVID-19 Policies and Procedures may therefore change or be altered depending on location. YOU EXPRESSLY AGREE TO COMPLY NOT ONLY WITH THE COVID-19 POLICIES AND PROCEDURES AS THEY ARE DESCRIBED HEREIN, BUT ALSO AS THEY ARE SET FORTH IN ANY LATER COMMUNICATION FROM SSC RELATED TO COVID-19 (WHETHER IN WRITING OR VERBALLY) AT ALL TIMES INCLUDING PRE-EMBARKATION, WHILE ON BOARD, DURING PORT CALLS AND SHORE EXCURSIONS AND/OR FINAL DISEMBARKATION.
d. COVID-19 Policies and Procedures. You acknowledge that SSC’s COVID-19 Policies and Procedures may or will include (but are not be limited to): (1) completion of an accurate, truthful and complete health questionnaire in a form and containing any health or travel-related questions as determined by SSC in its sole discretion based on advice from cognizant government or health authorities or medical experts for each Passenger prior to boarding; (2) pre-embarkation and/or periodic testing and temperature checks of each Passenger followed by a period of isolation until test results are available; (3) modified capacity rules for activities (including but not limited to restaurants and entertainment events onboard and for shore excursions) which may limit or eliminate the ability of any Passenger to participate in particular activities; (4) mandatory use by each Passenger of face coverings in most locations outside of the Passenger’s cabin while onboard, during embarkation, disembarkation and shore excursions; (5) mandatory social distancing and/or cohorting of Passengers at any/all times while on board and during embarkation, disembarkation, and shore excursions; (6) additional restrictions during shore excursions depending on local conditions, including but not limited to denial of disembarkation at destinations unless participating in only SSC-approved shore excursions; (7) mandatory hand-sanitizing by Passengers upon entry or exit of any public areas; (8) confinement of Passengers to cabins, quarantine or emergency disembarkation of Passenger if, in SSC’s sole discretion, such steps are necessary to prevent or slow the spread of COVID-19; (9) the required completion by Passenger in a timely manner of any written authorizations or consent forms required for SSC to carry out its COVID-19 Policies and Procedures (including but not limited to medical information, medical privacy, or personal data privacy consent forms), and; (10) other policies and procedures deemed by SSC in its sole discretion to be necessary to reduce the risk of spread of COVID-19.
e. Consequences of Noncompliance With COVID-19 Policies and Procedures. Notwithstanding any other provision contained herein, any non-compliance by Passenger or anyone in Passenger’s traveling party with SSC’s COVID-19 Policies and Procedures or this Contract shall be grounds for a refusal to board, refusal to re-board after going ashore, quarantine onboard the Vessel, disembarkation, reporting to governmental or health authorities, or other steps deemed necessary in SSC’s sole discretion under the circumstances to protect the health and well-being of others. Under these circumstances, you shall not be entitled to a refund or compensation of any kind. You will be responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to your state or country of residence. Under no circumstances shall SSC be liable for any damages or expenses whatsoever incurred by any Passenger as a result of such denial of boarding, refusal to re-board, quarantine, disembarkation, or other steps taken by SSC.
f. Known or Suspected COVID-19 Case Before Boarding. You agree that if at any time within 10 days prior to scheduled embarkation, you test positive for COVID-19, exhibit signs or symptoms of COVID-19, have had close contact with a person confirmed or suspected as having COVID-19, or SSC otherwise determines in its sole discretion that you are unfit to board because of any serious communicable illness, SSC may deny you boarding. If you are denied embarkation because of an infection with COVID-19 as confirmed by medical test results, unless SSC determines that you have failed to comply with its COVID-19 Policies and Procedures or this Contract, you will be entitled to a refund of the amount you paid to SSC as Cruise fare or, at your election, a future cruise credit equal in value to the amount you paid to SSC as Cruise fare, subject to your providing verification satisfactory to SSC of results of any tests administered by providers other than those retained by SSC. If you are denied embarkation for any other reason in this Subsection 9(f) than in the preceding sentence, unless SSC determines that you have failed to comply with its COVID-19 Policies and Procedures or this Contract, you will be entitled to a future cruise credit equal in value to the amount you paid to SSC as Cruise fare. Under no circumstances shall SSC have any other liability for any compensation or other damages whatsoever, including but not limited to compensation for lodging or travel.
g. Known or Suspected COVID-19 Case After Boarding. You further understand and agree that if, after boarding, and even if you have fully complied with all COVID-19 Policies and Procedures, you test positive for COVID-19 or exhibits signs or symptoms of COVID-19, SSC may disembark, refuse re-boarding after a shore excursion, or quarantine you as well as members of your traveling party, or take other steps which SSC determines, in its sole discretion, are necessary under the circumstances to protect the health and well-being of others. Under these circumstances, if you have a known or suspected case of infection with COVID-19 and you are disembarked, refused re-boarding, or quarantined, you shall be entitled to a prorated future cruise credit, or at your election a refund, for the unused portion of the Cruise fare. You are responsible for all other related costs and fines, including without limitation travel expenses. Under no circumstances shall SSC be liable to you for any other costs, damages or expenses whatsoever incurred by you.
10. FORUM SELECTION; CHOICE OF LAW; WAIVER OF JURY TRIAL; CLASS ACTION WAIVER.
(A) FORUM SELECTION: PASSENGER AND SSC AGREE THAT THAT ALL DISPUTES, CLAIMS, SUITS, AND MATTERS IN CONNECTION WITH, RELATED TO, OR ARISING DIRECTLY OR INDIRECTLY FROM THIS CONTRACT OR PASSENGER’S CRUISE, INCLUDING TRAVEL TO, FROM, AND ON THE VESSEL AND ANY AND ALL TOURS OR EXCURSIONS ASHORE (EACH AN “ASSERTED CLAIM”) SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE ECUADOR DISTRICT COURT FOR THE DISTRICT OF MANABI, OR AS TO CLAIMS FOR WHICH COURTS OF ECUADOR LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN BAHIA DE CARAQUES, ECUADOR TO THE EXCLUSION OF THE COURTS OF ANY OTHER DISTRICT, COUNTY, STATE OR COUNTRY. PASSENGER HEREBY CONSENTS TO JURISDICTION AND VENUE IN SUCH COURT AND WAIVES ANY OBJECTION, WHETHER BASED ON VENUE, INCONVENIENT FORUM OR OTHERWISE, PASSENGER MAY HAVE TO ANY SUCH SUIT OR PROCEEDING BEING BROUGHT IN THE APPLICABLE COURT LOCATED IN CONNECTICUT.
(B) GOVERNING LAW: THIS CONTRACT AND ANY ASSERTED CLAIM SHALL BE GOVERNED BY THE MARITIME LAW OF THE UNITED STATES WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.
(C) WAIVER OF JURY TRIAL: SSC AND PASSENGER IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ASSERTED CLAIM; PROVIDED, HOWEVER, THAT IF THE LAW OF THE STATE OF PASSENGER’S RESIDENCE WOULD BAR ENFORCEMENT OF THIS JURY WAIVER IF ANY LITIGATION WERE FILED IN THE COURTS OF SUCH STATE, THEN THIS WAIVER OF JURY TRIAL SHALL NOT APPLY IN ANY LITIGATION FILED IN THE COUNTRY OF ECUADOR.
(D) CLASS ACTION WAIVER: IT IS AGREED BY AND BETWEEN PASSENGER AND SSC THAT ALL ASSERTED CLAIMS SHALL BE LITIGATED, IF AT ALL, BY PASSENGER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS, EVEN IF APPLICABLE LAW PROVIDES OTHERWISE.
11. LIMITATIONS OF TIMES FOR SUIT AND FORFEITURE; WAIVER OF RIGHT TO IN REM ACTION:
(A) THE FOLLOWING TIME LIMITS AND FORFEITURE PROVISIONS APPLY TO ALL CLAIMS AND SUITS AGAINST SSC AND CANNOT BE WAIVED EXCEPT BY EXPRESS WRITTEN AGREEMENT OF ONE OF OUR AUTHORIZED CORPORATE OFFICERS:
(1) NO LAWSUIT OR ACTION SHALL BE FILED OR MAINTAINED AGAINST SSC FOR PERSONAL INJURY, ILLNESS, OR DEATH IN CONNECTION WITH, RELATED TO, OR ARISING DIRECTLY OR INDIRECTLY FROM A CRUISE OR THIS CONTRACT, AND ANY SUCH LAWSUIT OR ACTION WILL BE FORFEITED UNLESS (I) WRITTEN NOTICE OF SUCH CLAIM, WITH FULL PARTICULARS, IS DELIVERED TO SSC’S PRINCIPAL OFFICE WITHIN SIX (6) MONTHS FROM THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND (II) A LAWSUIT AS TO SUCH CLAIM IS FILED WITHIN ONE (1) CALENDAR YEAR AFTER THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND (III) PROCESS FOR SUCH LAWSUIT IS SERVED UPON SSC WITHIN 120 DAYS AFTER SUCH LAWSUIT IS FILED. IF A CLAIM IS FOR PERSONAL INJURY AND CLAIMANT IS A MINOR OR MENTAL INCOMPETENT, OR IF A CLAIM IS FOR WRONGFUL DEATH, THE FOREGOING DEADLINES FOR A CLAIM MAY BE TOLLED UNTIL: THE DATE A LEGAL REPRESENTATIVE IS APPOINTED FOR THE MINOR, INCOMPETENT, OR DECEDENT’S ESTATE OR THREE (3) YEARS AFTER THE INJURY OR DEATH, WHICHEVER IS EARLIER. PASSENGER EXPRESSLY IRREVOCABLY WAIVES THE BENEFITS OF ALL STATE OR FEDERAL LAWS PROVIDING GREATER LIMITATIONS PERIODS FOR PASSENGER’S RIGHT TO SUE;
(2) NO LAWSUIT OR ACTION IN CONNECTION WITH, RELATED TO, OR ARISING DIRECTLY OR INDIRECTLY FROM A CRUISE OR THIS CONTRACT OTHER THAN FOR PERSONAL INJURY, ILLNESS, OR DEATH SHALL BE FILED OR MAINTAINED AGAINST SSC, AND ANY SUCH LAWSUIT OR ACTION WILL BE FORFEITED, UNLESS (I) WRITTEN NOTICE OF SUCH CLAIM, WITH FULL PARTICULARS, IS DELIVERED TO SSC’S PRINCIPAL OFFICE WITHIN 30 (THIRTY) DAYS FROM THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND (II) A LAWSUIT AS TO SUCH CLAIM IS FILED WITHIN 6 (SIX) MONTHS AFTER THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND (III) PROCESS FOR SUCH LAWSUIT IS SERVED UPON SSC WITHIN 120 DAYS AFTER SUCH LAWSUIT IS FILED. PASSENGER EXPRESSLY IRREVOCABLY WAIVES THE BENEFITS OF ALL FEDERAL LAWS PROVIDING GREATER LIMITATIONS PERIODS FOR PASSENGER’S RIGHT TO SUE.
(B) PASSENGER HEREBY WAIVES ANY RIGHT HE OR SHE MAY HAVE TO AN IN REM OR QUASI IN REM PROCEEDING TO ARREST OR ATTACH ANY OF SSC’S VESSELS FOR THE PURPOSE OF OBTAINING SECURITY OR JURISDICTION AND WILL RELY SOLELY ON THE CREDIT OF SSC IN BRINGING ANY CLAIM AGAINST SSC, IF AT ALL.
12. LIMITATIONS OF LIABILITY FOR EMOTIONAL, MENTAL OR PSYCHOLOGICAL INJURY, FORCE MAJEURE, CONSEQUENTIAL AND PUNITIVE DAMAGES:
(A) LIMITATION OF LIABILITY FOR EMOTIONAL, MENTAL OR PSYCHOLOGICAL DAMAGES: SSC SHALL HAVE NO LIABILITY WHATSOEVER TO PASSENGER FOR DAMAGES FOR EMOTIONAL, MENTAL, OR PSYCHOLOGICAL DISTRESS OR INJURY OF ANY KIND WHEN SUCH DAMAGES WERE NOT (I) THE RESULT OF PHYSICAL INJURY OR ACTUAL RISK OF PHYSICAL INJURY TO PASSENGER CAUSED BY SSC OR (II) INTENTIONALLY INFLICTED BY SSC.
(B) FORCE MAJEURE: SSC SHALL NOT BE LIABLE FOR INJURY, DEATH, ILLNESS, DAMAGE, DELAY, BREACH, OR OTHER LOSS TO PERSON OR PROPERTY, OR ANY OTHER CLAIM WHATSOEVER BY PASSENGER CAUSED BY ACT OF GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS, OUTBREAKS OF DISEASE OR GOVERNMENTAL DECLARATIONS OF DISASTER OR EMERGENCY UNLESS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAW, OR ANY OTHER CAUSE BEYOND SSC’S REASONABLE CONTROL OR ANY ACT EXCEPT AND UNLESS IT IS PROVEN THAT SUCH INJURY, DEATH, ILLNESS, DAMAGE DELAY, BREACH, OR OTHER LOSS TO PERSON OR PROPERTY RESULTED FROM SSC’S ACT OR OMISSION COMMITTED DURING THE COURSE OF THE CARRIAGE AND DUE TO SSC’S FAULT OR NEGLECT OR THAT OF ANY OF SSC’S SERVANTS OR AGENTS ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT, AND IN SUCH A CASE SSC’S LIABILITY SHALL NOT EXCEED THOSE LIMITATIONS DESCRIBED HEREIN AS PROVIDED BY APPLICABLE LAW. SSC SHALL IN NO EVENT BE LIABLE TO YOU WITH RESPECT TO ANY OCCURRENCE PRIOR TO EMBARKATION OR AFTER DISEMBARKATION.
(C) NO CONSEQUENTIAL OR PUNITIVE DAMAGES: YOU AGREE, AS CONSIDERATION FOR THE CRUISE FARE PAID, THAT IN NO EVENT SHALL SSC BE LIABLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES, NOTWITHSTANDING ANY LAW TO THE CONTRARY.
13. TRAVEL AGENTS:
If a travel agent has booked a cruise with us on your behalf or booked air travel on your behalf, your travel agent acts solely for you as your representative and is not SSC’s agent. SSC understands that you have authorized your travel agent to make decisions on your behalf and they will have the same effect as if you had made them yourself. SSC is not responsible for any representation or conduct of your travel agent, including any failure to transmit your deposit or Cruise fare to SSC, for which you shall at all times remain liable, or any failure to transmit a refund from SSC to you. Receipt by your travel agent or other authorized individual (including any person who books a cruise on your behalf) of this Contract or other information from SSC or its agent shall constitute receipt of such materials by you. If your travel agent fails to remit any monies paid by you to the travel agent, you remain liable for the monies due SSC.
14. SEVERABILITY:
In case any provision in this Contract shall be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity or unenforceability.
Rates and schedules are subject to change at any time. For further information or questions regarding any of the above, please contact Southern Star Cruises at 727-688-2382. Our offices are open 7 days a week.
*Cruise specialists are available to take your calls from 8:30am to 8:30pm Eastern Time (5:30pm Pacific Time)