丽星邮轮乘客须知Terms And Conditions.doc

Terms And ConditionsIMPORTANT NOTICE TO ALL PASSENGERSPassengers are advised to carefully read the terms and conditions of the Passenger Ticket Contract (“The Passage Ticket”) set forth below which affect your legal rights and are binding, to the full extent permitted by law, particularly the section governing the provision of medical and other personal services and the sections limiting Carriers Liability and your rights to sue. Acceptance or use of the Passage Ticket shall constitute the agreement of Passenger to these Terms and Conditions. Passengers are advised to purchase appropriate and adequate insurance to protect themselves and their property. 1. INTRODUCTION 2. APPLICABILITY OF ATHENS CONVENTION (CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA (1974) (“THE ATHENS CONVENTION”) 3. PASSAGE CONTRACT AND PASSAGE FARE 4. PASSENGERS OBLIGATION 5. CARRIERS OBLIGATION AND LIMITATION 6. SAFETY AND SECURITY 7. AMENDMENTS OF TERMS AND RESERVATIONS 8. CANCELLATION OR ALTERATION BY THE CARRIER 9. CANCELLATION BY PASSENGER 10. FORCE MAJEURE 11. DELAY, OMISSION OR CHANGE OF PORTS 12. DISABILITY, PREGNANCY AND HEALTH 13. BENEFITS OF LIMITATION OF LIABILITY 14. BAGGAGE, VALUABLES AND OTHER PROPERTIES 15. INDEPENDENT CONTRACTORS, OCCURRENCES NOT ABOARD THE VESSEL, TOURS ETC. 16. NOTICE OF CLAIM 17. TIME LIMITS FOR ACTIONS 18. USE OF LIKENESS 19. TERMS AND CONDITIONS APPLY TO CLAIMS, ACTIONS OR LITIGATION OF ANY KIND 20. AGENTS, WARRANTIES AND INDEMNITIES 21. NOTICE 22. CHOICE OF LAW / JURISDICTION CLAUSE 23. LANGUAGE 1. INTRODUCTIONAll cruises/passages and all businesses and services undertaken by the Carrier are subject to the terms and conditions set out herein in this Contract. In these terms and conditions, words importing the masculine gender shall include the feminine gender and words in the singular shall include the plural and words in the plural shall include the singular.a. For purposes of this Contract the term Carrier shall include companies within Star Cruises Group of companies, its designees, assigns, successors or affiliates, the named Vessel, any substituted vessel, and its or their tenders, launches and related facilities. The rights, defenses, immunities and limitations of liability set forth herein shall inure to the benefit of the Carrier and the following but not limited to all concessionaires, independent contractors or other service providers; any affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; all suppliers, shipbuilders, component part manufacturers; and its or their owners, operators, managers, charterers, agents, pilots, officers, crew, and employees. b. The term Passenger shall include but not limited to any person purchasing the cruise/passage (“the Cruise”) on the date and Vessel indicated on the relevant document, accepting or using this Contract, on behalf of themselves or others in their care, including any accompanying minors, and any of their heirs, relatives, successors, assigns or representatives, regardless whether signed by or on his behalf. The fare includes only the transportation as specified herein, full board, and ordinary ships food, but does not include spirits, wines, beer, sodas or mineral waters, nor charges for other incidental or personal services. The fare does not include the following but not limited to government taxes and/or fees which may include, but are not limited to, any and all fees, charges and taxes imposed by any governmental or quasi-governmental authorities including Customs fees, head taxes, inspection fees, air taxes incurred as part of a land tour, immigration and naturalization fees, harbor maintenance fees and Internal Revenue Service fees, port/ terminal charges and passenger handling charges , which expense, charge, fee, cost or tax, as the case may be, shall be paid for in full by the Passenger on demand at the prevailing rates addition to the passage fare. This Contract shall be the entire agreement between the parties and supersedes all representations or conditions contained in Carriers advertisements, notices, brochures or other literature and all promises and agreements made or claimed to have been made by anyone in connection with the cruise to the passenger or anyone representing him. c. The term “Vessel” shall means such vessel or vessels employed, hired and/or chartered by the Carrier in the performance of this Contract. 2. APPLICABILITY OF ATHENS CONVENTION (CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA (1974) (“THE ATHENS CONVENTION”)a. Without derogating from or in any way depriving the Carrier or the Vessel of the benefits of any exemptions, exclusions or limitations contained in the foregoing provisions, if for any reason whatsoever, the Carrier or the Vessel does not rely, is unable to rely, or is precluded from relying, on any of the provisions in the preceding clauses 2, 3 and 4 and in clauses 19 and 20, then the liability of the Carrier and/or the Vessel shall, to the extent permissible by law, be determined in accordance with the relevant terms and provisions of the Athens Convention as amended by the 1990 Protocol, which relevant terms and provisions including, inter alia, i) Article 5 of the Athens Convention whereby the Carrier shall not be liable for loss of or damage to monies, negotiable securities, gold, silver, silverware, jewelry, ornaments, works of art or other valuables, except where such valuables have been deposited with the Carrier for the agreed purpose of safe-keeping in which case the liability of the Carrier shall not exceed the limit provided for in Article 8 of the Athens Convention, as amended by Art II(3) of the 1990 Protocol unless a higher limit is agreed upon in accordance with clause 5.b. below. ii) Article 7 of the Athens Convention as amended by Article II (2) of the 1990 Protocol whereby the liability of the Carrier for the death of or personal injury to a passenger shall in no case exceed 175,000 SDR per carriage; and iii) Article 8 of the Athens Convention, as amended by Art II (3) of the 1990 Protocol whereby the liability of the Carrier for the loss of or damage to cabin luggage shall in no case exceed 1,800 SDR per passenger, per carriage and in the case of loss of or damage to luggage other than cabin luggage, 2700 SDR per passenger per carriage, subject to the full amount deductible as set out in Article 8(4) as amended by Article II (3)4 of the 1990 Protocol, iv) Article 15 which deals with the notification of claims in respect of loss of or damage to luggage and v) Article 16 which provides for a two-year limitation period for the bringing of claims shall be deemed to have been fully incorporated in these terms and conditions and the Passage Contract and liability shall in no circumstances exceed the limits there prescribed from time to time. b. The term SDR mentioned above denotes and international basket of currencies created by the International Monetary Fund (IMF) in 1969. The IMF defines Special Drawing Rights (SDR) as follows: The SDR is an international reserve asset, created by the IMF in 1969 to supplement the existing official reserves of member countries. SDRs are allocated to member countries in proportion to their IMF quotas. The SDR also serves as the unit of account of the IMF and some other international organizations. Its value is based on a basket of key international currencies. In order to obtain the current USD equivalent of the SDR, please log on to the following website, managed by IMF - /external/np/fin/rates/rms_sdrv.cfm 3. PASSAGE CONTRACT AND PASSAGE FAREa. All Passage Contracts shall incorporate and be governed by these terms and conditions, which the Carrier may at any time, amend these terms and conditions without notice to the Passenger. b. This Passage Ticket is valid only for the voyage specified on the preceding pages and for the person(s) named and cannot be transferred without Carriers written consent. c. All cruises are subject to availability at the time of booking. No Contract shall be made until the deposit (or, where appropriate, the full price) has been paid, whether or not a booking confirmation has been issued, but all money paid to a travel agent shall be treated as having been paid to the Carrier. Failure to pay any the sum by the due date shall entitle the Carrier to cancel the booking and a cancellation charge under the clause hereunder. d. The fare paid shall be considered fully earned at the time of payment, or if not previously paid, then at the time payment is due or upon embarkation, whichever is sooner. The Carrier shall not be liable to make any refund to passenger in respect of lost tickets or in respect of tickets wholly or partly not used by a passenger except as expressly set forth herein, any statute or other governmental regulation to the contrary notwithstanding. e. In the event of there being any adverse movement in currency exchange rates or costs of fuel or other operating costs of the Vessel or of the Carrier between the date of reservation of passage and sailing, the Carrier shall be entitled to impose, without prior notice, a surcharge upon the passage fare of an amount to be assessed by the Carrier which the Passenger shall pay prior to embarkation. 4. PASSENGERS OBLIGATIONa. Bring all necessary travel documents such as passports, visas, proof of citizenship, re-entry permits, medical certificates showing all necessary vaccinations, and all other documents necessary for ports of call in the countries to which the Passenger will travel. It is Passengers sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All passengers are advised to check with their travel agent or the appropriate government authority to determine the necessary documents. Passengers will be subject to any fine or other costs incurred by Carrier, which result from improper documentation or noncompliance with applicable regulations, which amount may be charged to (your stateroom) account and/or credit card. b. Passenger shall arrive for embarkation on board the Vessel by the time fixed by the Carrier, or if no time is fixed at least 3 hours before the time scheduled for departure. c. Be sure that you and any person in Passengers care are fit to take the Cruise. Subject to clause herein, Passengers who are pregnant or have any form of sickness, disease, injury, infirmity, disability or illness, whether mental, physical or otherwise which could affect their fitness for travel shall:- i) disclose their pregnancy and the stage thereof, sickness, disease, injury, infirmity, disability or illness as the case may be, to the Carrier at the time of reservation of passage. Passengers who are more than twenty-four (24) weeks pregnant shall be prohibited from travelling on board. ii) be accompanied and assisted by an able bodied person who shall be responsible for their health and safety at all times including during the Period of Transit, and iii) jointly and severally with the able bodied person mentioned in the previous paragraph, reimburse and fully indemnify the Carrier and hold the Carrier harmless against all or any losses, claims, damages, costs, expenses and/or delay, of whatever nature sustained or incurred by, or made upon the Carrier, whether directly or indirectly, by reason of, in connection with or attributable to their pregnancy, sickness, disease, injury, infirmity, disability or illness, as the case may be. The Carrier shall be entitled at any time, without giving any reasons, to refuse passage to any Passenger who is pregnant, or has any form of sickness, disease, injury, infirmity, disability or illness, whether mental, physical or otherwise, or to cancel any reservation made by or for such Passenger without any liability whatsoever to such or other Passenger. If at any time any Passenger reasonably appears to the Carrier, the Master, the Vessels doctor, or any medical staff to be:- i) in any way unfit to proceed, a nuisance or likely to cause mischief, or likely to inconvenience, endanger or impair the health, safety or reasonable comfort of any person or persons whether on board or not, or likely to endanger or impair the safety of the Vessel and/or her fittings, furnishings, machinery, equipment, or any part thereof or any Property, ii) likely to refuse permission to land at his port of destination or any port at which the Vessel may call, or iii) likely to render the Carrier liable for his maintenance or support, the Carrier, the Master, the Vessels doctor or the medical staff in question shall be entitled, regardless of any medical certificate produced, at its and/or his sole discretion, at any place or port and at any time to refuse to embark or transport such Passenger, disembark him at any port, transfer him from one berth to another, transfer him by other means or transportation or confine him to a cabin or to the Vessels hospital or any other part of the Vessel. Passengers including those mentioned herein, requiring any special or extra accommodation, or special or extra attention in the course of the voyage and not originally provided for, must inform the Carrier or its agents at the time of reservation of passage and will be charged accordingly for the same. Save as aforesaid, the Passenger acknowledges and agrees that the Carrier shall have no responsibility or obligation to provide any special accommodation, services or equipment other than the accommodation, services or equipment normally provided to passengers unaffected by disabilities. The Passenger hereby releases the Carrier from any and all liability for any loss of life, injury or damages which is proximately caused by pregnancy, a pre-existing sickness, disease, injury, infirmity, disability or illness, whether mental, physical or otherwise. Reasonable expenses of any kind, including fines, penalties, duties or other charges, incurred or paid by the Carrier and attributable to the Passengers failure to comply with any law of any country and/or regulations of the Carrier or any governmental authority shall be recoverable by and paid to the Carrier by and from the Passenger on demand. The Passenger shall have no right to any refund or any right of action against the Carrier in respect of any loss, costs or expenses sustained or incurred and the Carrier shall have no obligation or liability of any kind whatsoever to the Passenger in respect of any action taken by the Carrier in good faith under these terms and conditions. Children aged 6 months or less at the commencement of the cruise may be refused permission to board the cruise ship and the Carrier shall have no liability whatsoever for any consequences of such refusal. Certain cruises also have prohibitions on children aged 12 months or less. Passengers should check with the Carrier before booking. d. Upon boarding the ship, at the request of the Carrier, you must register a valid credit card or other acceptable payment method at the Front desk to cover any stateroom charges. e. Prior to disembarking the ship, you must pay in full all amounts charged to your stateroom account. The Carrier shall not be liable for loss, damage or delay resulting from your failure to comply with these requirements. f. Each passenger agrees to abide by all rules of the Carrier and its officers at all times and failure to do so may subject the passenger to disembarkation without any liability on the part of the Carrier for a refund or any other related expenses or losses to the passenger or any accompanying passenger whatsoever. g. A passenger under 18 years of age must be accompanied in the same or connecting stateroom by a passenger 18 years or older who expressly agrees to be responsible for the under 18 passenger throughout the cruise. This responsibility includes, but is not limited to, preventing the purchase or consumption of alcohol and preventing the violation of any ship rules. If the accompanying adult is not a spouse, parent or legal guardian, a notarized parental/guardian consent letter that authorizes the minors travel and further authorizes medical treatment in case of an emergency, or certified copy of the marriage certificate, must be delivered to Star Cruises representative at the pier or the Front Desk Officer. Failure to produce such documentation at embarkation may result in boarding being denied with no refund provided. Passengers must be 18 years or older to purchase or consume alcohol or to engage in any form of gambling on the Vessel. h. Passenger is not allowed to bring on board the Vessel any intoxicating liquors or beverages, firearms, weapons of any kind, ammunition, explosive substances or any goods of a dangerous nature, nor animals of any kind, except service or guide animals, provided the passenger notifies Carrier prior to the cruise of his intention to bring such animal and agrees to accept sole responsibility for any expense, damage, injuries or losses associated with or caused by such animal. i. Unless Passenger obtains prior written permission from Carrier, Passenger shall not solicit other passengers, the Carriers employees, personnel or agents during the voyage with respect to any professional, business, or commercial activity, for profit or otherwise. Failure to adhere to this prohibition may result in ejection from the Vessel without liability of the Carrier to refund any portion o