RED SEA SPIRIT - TERMS AND CONDITIONS

The “Redsea Cruise Company” also known as the operator and is organizing the charter cruises in Red Sea, Saudi Arabia for the Nationals and Residents of Saudi Arabia only.

Information contained herein forms part of offer or contract. The transportation of guests and baggage on Silver Spirit is provided solely by Operator and is governed by the terms and conditions printed on Terms & Conditions Document. The terms & conditions will be included with your travel documents, is available upon request, or can be accessed through our website at redseaspirit.com and contains complete and important information regarding cancellations, itineraries, Operator’s liability, health and immigration requirements, and other relevant terms and conditions. The terms and conditions will apply to persons who have booked a cruise regardless of whether or not they have embarked the vessel. Additionally, Operator reserves the right to cancel reservations and bookings at their discretion, whether or not full payment has been received, and in such event, Operator’s only liability will be to refund to the guest the amount it has received.

Itinerary arrival and departure times are always subject to change without notice. Operator reserves the right to cancel, alter, advance, postpone or substitute any scheduled sailing or itinerary, substitute another vessel for the scheduled ship, or substitute or cancel scheduled ports of call, which, in its sole judgment and discretion, is justified for any reason, and to do so without liability for any loss whatsoever to guests as a result of said change(s).

All fares indicated herein are capacity controlled, subject to change at any time without notice and do not guarantee availability. Special savings programmes are all subject to change and/ or cancellation without notice. All schedules, fares, and terms and conditions are subject to change at any time. Please refer to www.redseaspirit.com for the most current schedules, prices, and terms and conditions.

Travel documents will not be dispatched until full and final payment and guest Contact Information (defined below) has been received by the ship and cleared. For purposes of this Agreement, Contact Information shall mean a guest’s full name, passport number, address, telephone number (land and mobile), electronic mail address and emergency contact information and any other information as requested by Operator. Operator must be able to reach each guest’s emergency contact at any time of day. Operator or Ship must, therefore, be provided with all information to allow to do so (such information should include the name, address, electronic mail address (if available) and phone number (including a mobile phone number if available) of a parent, guardian, spouse, domestic partner, or other person to contact in the event of an emergency. No guest will be allowed to embark vessel unless Operator has received all of the Contact Information. Should Operator determine that any of the Contact Information provided is incorrect, guest may be asked to disembark the voyage. Operator will not make a refund or otherwise be liable to guests who are denied boarding or disembarked.

CRUISE FARE

Cruise fares cover certain shipboard services including: Suite accommodations, onboard meals and entertainment, gratuities aboard ship (except spa), complimentary beverages aboard ship (including mocktails, soft drinks, water, tea and coffee). All fares are quoted in Saudi Riyals (SAR) and are per guest and based on double occupancy. Not included in your cruise fare are: airfare, hotel accommodations, transfers and luggage handling, optional shore excursions, meals ashore, fuel surcharges, meals in La Dame, Seishin Restaurant (Silver Spirit only), accommodations whilst ashore, laundry or valet services, purchases from the ship boutiques or any item or service of a personal nature such as medical care, massages, spa treatments, private fitness instruction, hair styling and manicures. Cigarettes and cigars are not included in your fare and may not be available at all times.

The cruise fare is guaranteed at the time of booking. However, the Operator reserves the right to revise the fares for bookings not paid in full without any prior notice. The Operator has the right to refuse to transport passengers unless full payment is paid in advance of initial departure. It is guests’ responsibility to arrange flights and/or other travel arrangements to ensure arrival in good time for embarkation and to make suitable travel arrangements for return journey. The Operator strongly recommends guests ensure that any independent travel arrangements are adequately protected by insurance.

SINGLE & THIRD GUESTS

A limited number of suites are available for purchase on a single- or third-guest occupancy basis. The supplement for single occupancy ranges from 150% – 200% above the double occupancy fare, depending upon the sailing and suite selected. Suites for singles and third guests are capacity controlled. Fares and supplements are subject to change without notice based on availability.

Note: Discounted Prices may be offered if 3rd guest in the stateroom is a minor between 6 Months to 10 Years of age. Discounts may vary based on the exact age of the guest.

UNLIMITED FREE WIFI

Unlimited Premium Internet access is available for guests booked in Silver, Royal, Grand, and Owner's suites. Unlimited Standard Internet access applies for those guests booked in Vista, Panorama and Veranda suites. Additional internet packages are available for purchase. WiFi service is not guaranteed. The Operator is not responsible if WiFi service is not available. No credit or other compensation will be provided should WiFi service not be available or should the WiFi allowance go unused. Programme subject to change.

EARLY BIRD SAVINGS

Guests booking during the 1st week of launch may be eligible to save up to 15% on select future voyages. Savings vary by voyage and are subject to change or withdrawal without notice.

TRAVEL AGENTS

Travel agents are considered to be the agent of guest and not of the Operator. The Operator is not liable for any representation, act or omission of guest’s travel agent. Guest’s cruise fare is not considered paid until the Operator receives full payment, and the amount thereof is subject to change at any time prior to Operator’s receipt of payment. Guest shall at all times remain liable to Operator for the price of passage. Operator reserves the right to refuse embarkation if all charges and surcharges have not been paid in advance of departure.

UNSCHEDULED EMBARKATION / DISEMBARKATION

International cabotage laws may prohibit guests from embarking or disembarking their voyage in any port except the main scheduled embarkation and disembarkation ports. Only those guests with a medical emergency may be allowed to embark or disembark the vessel at an unscheduled embark / disembark port. If an unscheduled embarkation or disembarkation is permitted as a result of an emergency, those guests may incur additional charges intended to cover any fine or penalty levied against the Operator and any other additional costs. Such additional costs will be added to the guests’ onboard account prior to disembarking.

PAYMENT SCHEDULE

To reserve RedSea Cruise package a full payment is required latest by following day 12:00 PM KSA time after On-Hold reservation is made. Guests will not be permitted to change travel agents after Operator’s receipt of guests final payment has been received. Final documentation will be issued after receipt of final payment and approximately 15 days prior to sailing. All reservations are subject to cancellation if payments are not received by the due date / time in full.

Full payments might be required sooner, for high-demand sailings, specific categories, closer to sail dates as specified by Operator. Payments may be made by bank transfer, VISA®, MasterCard®, or American Express® credit cards.

Details of bank account and Credit Card payment links will be provided along with the On-Hold reservation confirmation.

CRUISE CANCELLATIONS

Any cancellations from the time Full Payment is received until 16 Days prior to departure would incur penalty @ 25% of full fare.      

Any cancellations between 15 Days to 0 Days prior to departure would incur penalty @ 100% of full fare.

The operator may make exceptions and may provide options to receive a Future Cruise Certificates or refunds of up to 90 % under following circumstances:

If the guest tests positive for COVID-19 any time after the booking is fully paid and up to the check-in.

Waiver may only apply to the guest’s own suite and not for other members in the party.

If the sailings are suspended by the Operator

RESERVATION CHANGES

DATE CHANGES

Permitted up to 10 days prior to departure with a charge of SAR 500 per reservation plus any price difference provided a similar or a higher category is booked on the new date.

NAME CHANGES

Full name changes are subject to approval on case to case basis up to 10 days prior to departure.

CATEGORY CHANGES

Guests who downgrade suite categories after final payment will incur 100 % cancellation fees on the difference in cruise fare between the two suites.

HEALTH & MEDICAL REQUIREMENTS

All guests are required to report in writing to Operator at the time their reservation is made:

Any physical or mental condition that may require medical or professional treatment or attention during the voyage.

Any condition that may render the guest unfit for travel, or that may require special care or assistance.

Any condition that may pose a risk or danger to the guest or anyone else onboard the ship.

Any condition that may require oxygen for medical reasons.

Any intention or need to use a wheelchair cart, other mobility device or a service or assistance animal aboard ship.

By booking passage and by boarding the ship, the guest represents and warrants that he / she is physically and otherwise fit to travel, and that the guest will comply at all times with applicable rules and regulations of the ship and orders and instructions of the ship’s officers and medical staff. Operator reserves the right without liability to require a guest to disembark and / or to refuse to board and transport a guest who, in the judgment of ship’s Master, is unfit to travel or may require care beyond that which Operator is reasonably able to provide. Operator strongly recommends wheelchair guests travel with someone who is able to assist them both ashore and at sea as Operator may be unable to offer special assistance. Please note that wheel-on and / or wheel-off access may not be available at some ports-of-call. Wheelchair guests must bring their own collapsible wheelchair.

PREGNANCY

Operator’s policy regarding pregnancy is derived from the Cruise Lines International Association endorsement of the American College of Emergency Physicians Health Care Guidelines for Cruise Ship Medical Facilities, which can be found at http://www.acep.org/Content.aspx?id=29980. This includes the guideline that “Pregnant women who have entered the 24th week of estimated fetal gestational age at any time during the cruise should not be eligible to sail with the ship. It is Operator policy that any Guest who will have entered her 24th week of pregnancy or greater, at any time during the cruise, will be prohibited from sailing. The Guest and treating physician should consider before any cruise that there is no Obstetrician/Gynecologist available on the ship, and that pregnancies, when unstable and poorly controlled, are potentially life-threatening, especially without back up. A Guest may be at sea for several days without any immediate hospital and/or specialist back up, and that since the proposed itinerary is not within the U.S., and the availability of specialized shore side facilities can be problematic. All guests are required to sign a health questionnaire at check-in to ensure they are aware of our pregnancy policy.

ACCOMMODATION OF CHILDREN

Operator is unable to accommodate children less than six (6) months of age. Guests must notify at the time of reservation of any children between the ages of six (6) months and one (1) year who will be sailing onboard and they will require a signed and notarized waiver. Operator reserves the right to limit the number of children less than three (3) years of age aboard the vessel.

Any child under the age of eighteen (18) years of age must be accompanied in the same or connecting suite by a parent or other responsible adult over the age of twenty-one (21) years. In addition, if the adult accompanying this child is not a parent, a “Parental Consent Guardianship Form” must be signed by parent or legal guardian and received by Operator prior to sailing.

No childcare services will be provided onboard.

BAGGAGE

You may bring aboard the ship a reasonable amount of clothing and personal effects without charge. All baggage must be securely packed, and properly and clearly labelled. Liquid, fragile, perishable and other articles not suitably packed are transported at your own risk.

Ship is not responsible for loss or damage to baggage or any other personal item during voyage. Baggage and personal belongings will be taken off the ship upon guest disembarkation.

Under no circumstances will baggage be stored onboard without the owner of such baggage being on the vessel.

Under no circumstances may dangerous items (including but not limited to: explosives, firearms, combustible or illegal substances) be taken aboard the ship. We recommend that you hand-carry travel documents (passport, ID cards), medications and valuables. These items are the full responsibility of the guest at all times. Operator shall not be responsible for the loss of, or damage to, such personal items.

LOST PROPERTY

Operator may levy a charge for the return of personal items left onboard or lost and subsequently found.

LECTURERS & PERSONALITIES

Independent contractors retained by Operator (including but not limited to; lecturers, guest personalities, bridge instructors, guest hosts, chefs, enrichment specialists and entertainers) are subject to change and / or cancellation without notice.

TRAVEL DOCUMENTS

All travel documents (air and cruise tickets, passport, medical card, inoculation verification) are the guest’s responsibility. It is also the guest’s responsibility to obtain any necessary permits and public health documents for all applicable ports and to comply with all government requirements. Without the required documents, a guest may be denied boarding, or the guest may be disembarked during the voyage and Operator will not make a refund or be otherwise liable to any guest for such denial of boarding or disembarkation. In the event that Operator, as a courtesy, provides information or advice as to necessary travel documents, visas and medical inoculations, guests are still obligated to verify such information with the appropriate government authorities and Silversea does not warrant or guarantee the accuracy of such information. Some countries require passports to be valid six months following your return date. Please check with the appropriate authorities for specific requirements.

Security measures imposed by governments may change from time to time and each guest will be required to comply with them. Please consult your travel agent for advice on such requirements to avoid loss of boarding privileges.

Operator expressly reserves the right to change, modify, adjust or amend the rules, policies, laws and regulations delineated in this Ticket at any time and as necessary in Operator’s discretion.  Guests shall at all times comply with the provisions, laws, rules, policies and regulations set forth in and associated with this Ticket, as it may be amended and modified.

You agree to follow, comply with and abide by all of the rules and regulations of Operator, the rules of the Vessel and the orders and directions of the Captain and other officers of the Vessel. Operator, the Captain and the officers of the Vessel have the right to use reasonable means to enforce these rules and regulations, which may include your removal from the Vessel, confinement in your suite, or quarantine. Operator and the Captain shall have the right to deny boarding or to remove a Guests from the Vessel for any lawful reason. In the event that you are removed from the Vessel for any reason, Operator shall not be liable to you for any refund, payment, compensation or credit of any kind. Operator, the Captain and the Vessel’s officers, in their sole discretion, in order to ensure the safety of the Guests, the Vessel and crew, reserve the right to search any Guests and/or Guests’ cabin and belongings, and they may preserve evidence of any reported incident or comply with any requests from law enforcement authorities and carry out any investigation aboard Operator’s Vessels. You hereby consent and agree to any such search and investigation, whether directed by any law enforcement agency or requested by the Captain and officers of the Vessel.

TAXES, GOVERNMENT FEES SUPPLEMENTS

Operator reserves the right to pass through to its guests (including fully paid and deposited guests) any taxes and government fees that relate specifically to a guest’s itinerary. “Taxes and Government fees” include any and all fees, charges, surcharges, tolls and taxes imposed by governmental authorities including, but not limited to, customs fees, per person berth taxes or fees, embarkation and / or disembarkation fees at ports, airline transportation fees, dockage fees, and wharfage fees.

Operator may collect any taxes, government fees and supplement (the “Surcharges”) at the time of booking, prior to sailing or onboard the vessel, even if the cruise fare has been paid in full. Surcharges will be invoiced accordingly.

TRAVEL INSURANCE

Travel Insurance component is not being offered by the Operator. It is guest’s responsibility to arrange suitable insurance cover for their holiday that may cover for cancellation or curtailment of the holiday as well as the cost of repatriation in the event of accident or illness.

GENERAL EXCLUSIONS

Operator will not pay for claims arising out of loss or damage directly or indirectly occasioned by circumstances where performance and /or prompt performance of the Terms & Conditions is prevented by reason of war, or threat of war, riot, civil strife, industrial dispute whether by ship’s employees or others, terrorist activity or the threat of terrorist activity, failure of supplies of power, health risks or epidemics, natural or nuclear disaster, fire or adverse weather conditions or adverse sea states, suicide or attempted suicide or deliberate exposure to unnecessary danger (except in an attempt to save human life), or the consequences of participating in an unusual and dangerous activity and all similar circumstances outside Operator’s or Ship’s control.

Operator reserves the right to correct errors and omissions at any time without prior notice, and to cancel any offered product, service, programme, reward, savings, credit, amenity, etc. in the event of any error or omission in the description, including pricing and availability.

CARRIER’S TERMS AND CONDITIONS TO ALSO APPLY

Although the operator is Red Sea Cruise Company, the owner of the Vessel and the carrier for the purposes of the cruises will be Silversea Cruises Ltd (the “Carrier”). The passenger by its acceptance of the Operator’s terms and conditions also accepts that as between the passenger and the Carrier there shall be a binding contract between the passenger and the Carrier to which Clause 11 (General Liability Limitations), Clause 21 (Choice of Law), Clause 23 (Exclusion of Warranties) and Clause 25 (Entire Agreement)  of the Carriers’ standard passenger terms and conditions shall apply.  The wording of such Clauses is copied below/annexed hereto and the full terms can be found at www.silversea.com.

11. GENERAL LIABILITY LIMITATIONS - IMPORTANT NOTICE - PLEASE READ

A.  LIABILITY LIMITATIONS FOR LOSS OF LIFE AND/OR PERSONAL INJURY         

CARRIER IS NOT LIABLE FOR INJURY, ILLNESS, OR DEATH OF ANY PASSENGER UNLESS DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CARRIER. FOR PURPOSES OF THIS TICKET, ANY INJURY, ILLNESS OR DEATH OF ANY PASSENGER CAUSED BY AN EVENT OF FORCE MAJEURE AS DEFINED IN THE SECTION OF THIS TICKET TITLED “DEFINITIONS” WILL NOT BE DEEMED TO BE DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CARRIER.

PASSENGER UNDERSTANDS AND AGREES THAT CARRIER SHALL HAVE NO LIABILITY FOR ANY INJURIES OR DAMAGES RESULTING FROM EVENTS OF FORCE MAJEURE. THE PASSENGER ASSUMES THE NORMAL RISKS OF TRAVEL BY SEA. IN NO EVENT SHALL CARRIER BE LIABLE TO PASSENGER WITH RESPECT TO ANY OCCURRENCE TAKING PLACE OTHER THAN ON THE VESSEL OR LAUNCHES OWNED OR OPERATED BY CARRIER.

ON INTERNATIONAL VOYAGES WHICH NEITHER EMBARK, DISEMBARK NOR CALL AT ANY U.S. PORT AND WHERE THE PASSENGER COMMENCES THE VOYAGE BY EMBARKATION OR DISEMBARKS AT THE END OF THE VOYAGE IN A PORT OF A EUROPEAN MEMBER STATE, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS AND IMMUNITIES FOR LOSS OF OR DAMAGE TO LUGGAGE, DEATH AND/OR PERSONAL INJURY AS PROVIDED UNDER EU REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS.  UNLESS THE LOSS OR DAMAGE WAS CAUSED BY A SHIPPING INCIDENT, WHICH IS DEFINED AS A SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP, OR DEFECT IN THE SHIP (AS DEFINED BY THE REGULATION), CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 400,000 SPECIAL DRAWING RIGHTS (“SDR”) PER PASSENGER (APPROXIMATELY U.S. $608,000, WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL) IF THE PASSENGER PROVES THAT THE INCIDENT WAS A RESULT OF CARRIER’S FAULT OR NEGLECT.  IF THE LOSS OR DAMAGE WAS CAUSED BY A SHIPPING INCIDENT, CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $380,000, WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL).  COMPENSATION FOR LOSS CAUSED BY A SHIPPING INCIDENT CAN INCREASE TO A MAXIMUM OF 400,000 SDRS PER PASSENGER UNLESS CARRIER PROVES THAT THE SHIPPING INCIDENT OCCURRED WITHOUT CARRIER’S FAULT OR NEGLECT.  SHIPPING INCIDENTS DO NOT INCLUDE ACTS OF WAR, HOSTILITIES, CIVIL WAR, INSURRECTION, NATURAL DISASTERS, OR INTENTIONAL ACTS OR OMISSIONS OF THIRD PARTIES.  IN CASES WHERE THE LOSS OR DAMAGE WAS CAUSED IN CONNECTION WITH WAR OR TERRORISM, CARRIER’S LIABILITY FOR ANY PERSONAL INJURY OR DEATH (WHETHER OCCURRING DURING A SHIPPING INCIDENT OR A NON-SHIPPING INCIDENT) IS LIMITED TO THE LOWER OF 250,000 SDRS PER PASSENGER OR 340 MILLION SDRS PER SHIP PER INCIDENT.  PUNITIVE DAMAGES ARE NOT RECOVERABLE FOR CRUISES COVERED BY EU REGULATION 392/2009.  FOR A COPY OF EU REGULATION 392/2009, VISIT HTTP://EUR-LEX.EUROPA.EU/LEXURISERV/LEXURISERV.DO?URI=OJ:L:2009:131:0024:0046:EN:PDF.   IN ADDITION, GUESTS EMBARKING A CRUISE IN A EUROPEAN MEMBER STATE PORT ARE AFFORDED RIGHTS UNDER EU REGULATION 1177/2010.  FOR ADDITIONAL INFORMATION ON EU REGULATION 392/2009 AND EU REGULATION 1177/2010, VISIT CARRIER’S WEBSITE AT http://www.silversea.com/terms-conditions/passage-contract/.

IF THE CRUISE IS FOR DOMESTIC CARRIAGE BETWEEN PORTS IN THE UK, CARRIER SHALL BE ENTITLED TO LIMIT ITS LIABILITY FOR DEATH AND OR PERSONAL INJURY TO 46,666 SDRs (APPROXIMATELY U.S. $72,000 WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL) PER PASSENGER PER CARRIAGE PURSUANT TO THE “CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA (DOMESTIC CARRIAGE) ORDER 1987”, INCORPORATING THE LIMIT OF THE “CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974 (“ATHENS CONVENTION”).

NOTHING IN THIS TICKET IS INTENDED TO (NOR SHALL IT OPERATE TO) LIMIT OR DEPRIVE CARRIER OF ANY STATUTORY LIMITATION OF LIABILITY OR EXONERATION FROM LIABILITY, OR OF THE BENEFITS OF ANY STATUTE OR LAW OF ANY COUNTRY OR STATE WHICH MIGHT BE APPLICABLE TO PROVIDING FOR EXONERATION FROM LIABILITY OR LIMITATION OF CARRIER’S LIABILITY, INCLUDING STATUTES OF THE UNITED STATES OF AMERICA AS SET FORTH AT TITLE 46 U.S. CODE SECTIONS 30501 THROUGH 30509 AND 30511. NOR DOES CARRIER WAIVE ANY REMEDIES AVAILABLE TO IT UNDER THE LAW. 

CARRIER SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES TO PASSENGER WHICH OCCUR WHILE PASSENGER IS PARTICIPATING IN ATHLETIC OR RECREATIONAL ACTIVITIES ONBOARD THE VESSEL OR ONSHORE AT ANY PORT OF CALL, INCLUDING, BUT NOT LIMITED TO, PASSENGER USAGE OF ANY PADDLEBALL, GYMNASIUM, JOGGING, GOLFING, HEALTH CLUB AND SAUNA FACILITIES. BY UTILIZING SAID FACILITIES, PASSENGER AGREES TO ASSUME ALL RISKS ARISING THEREFROM AND DOES HEREBY FULLY RELEASE AND DISCHARGE CARRIER FROM ANY AND ALL CLAIMS, DEMANDS, LOSS, COST, DAMAGES AND CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF PASSENGER’S USE OR INTENDED USE OF SAID FACILITIES.

CARRIER SHALL NOT BE LIABLE TO PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING/ANGUISH OR PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES, EXCEPT WHEN SUCH DAMAGES RESULTED FROM (a) PASSENGER SUSTAINING ACTUAL PHYSICAL INJURY, OR (b) PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, OR (c) WHEN SUCH DAMAGES ARE DETERMINED TO BE INTENTIONALLY INFLICTED BY CARRIER.

PRE- AND POST-CRUISE TOURS, SHORE EXCURSIONS, AND ANY AND ALL CONNECTING GROUND, VESSEL OR AIR TRANSPORTATION AND OTHER TOURS MAY BE OWNED AND/OR OPERATED BY INDEPENDENT CONTRACTORS AND CARRIER MAKES NO REPRESENTATIONS AND ASSUMES NO RESPONSIBILITY FOR SUCH SERVICES. (SEE ALSO SECTION 9 BELOW)

B. LIABILITY LIMITATIONS FOR LOSS OF OR DAMAGE TO PROPERTY

CARRIER IS NOT LIABLE FOR LOSS OF OR DAMAGE TO ANY OF PASSENGER’S BAGGAGE OR PROPERTY UNLESS DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CARRIER.

CARRIER SHALL IN NO EVENT BE LIABLE FOR THE LOSS OF OR DAMAGE TO CASH, NEGOTIABLE SECURITIES OR OTHER FINANCIAL INSTRUMENTS, GOLD, SILVERWARE, JEWELRY, WATCHES, ORNAMENTS, WORKS OF ART, PHOTOGRAPHIC/VIDEO/AUDIO EQUIPMENTS OR SUPPLIES, LAPTOP COMPUTERS, CELLULAR PHONES, BINOCULARS, EYEGLASSES, PROFESSIONAL OR TRADE EQUIPMENT AND OTHER VALUABLES UNLESS THE SAME HAVE BEEN DEPOSITED WITH THE MASTER OR OTHER DESIGNATED REPRESENTATIVE AGAINST RECEIPT FOR THE AGREED PURPOSE OF SAFEKEEPING.  PASSENGER AGREES THAT THE VALUE OF PASSENGER’S PROPERTY, WHICH INCLUDES ALL BAGGAGE CARRIED BY PASSENGER, DOES NOT EXCEED US$250 PER PASSENGER AND THAT CARRIER’S LIABILITY FOR SUCH PROPERTY SHALL BE LIMITED TO US$250 PER PASSENGER. PASSENGER FURTHER AGREES THAT ANY LIABILITY OF CARRIER FOR ANY CAUSE WHATSOEVER WITH RESPECT TO SAID PROPERTY SHALL NOT EXCEED THESE AGREED VALUES AND LIMITATIONS, UNLESS THE PASSENGER SHALL DELIVER TO CARRIER, IN WRITING, PRIOR TO EMBARKATION, A DECLARATION OF THE TRUE VALUE OF THE PROPERTY AND PAY TO CARRIER PRIOR TO EMBARKATION A SUM EQUAL TO 5% OF THE EXCESS OF THE AGREED VALUES SET FORTH HEREIN.  IN THAT EVENT THE LIABILITY OF CARRIER, IF ANY, SHALL NOT EXCEED THE DECLARED VALUE. IN THE EVENT THAT PASSENGER FAILS TO DECLARE, IN WRITING, THE TRUE VALUE AS SET FORTH IN THIS SECTION, CARRIER SHALL NOT BE RESPONSIBLE FOR LOSS OF OR DAMAGE TO SUCH PROPERTY AND CARRIER’S LIABILITY FOR THESE ITEMS SHALL BE LIMITED AS SET FORTH ABOVE. CARRIER’S LIMIT OF LIABILITY ALSO PERTAINS TO ITEMS DEPOSITED IN THE VESSEL’S SAFE DEPOSIT BOXES AND/OR ITEMS PLACED IN PASSENGERS’ IN-SUITE SAFES. HAND OR UNLOCKED BAGGAGE, BREAKABLES AND VALUABLES, INCLUDING ALL ITEMS LISTED IN THE SECTION ABOVE, MUST BE HAND-CARRIED BY PASSENGERS ON AND OFF THE VESSEL, ARE THE FULL RESPONSIBILITY OF THE PASSENGER AT ALL TIMES; AND MAY NOT BE INCLUDED WITH CHECK-IN BAGGAGE. CARRIER SHALL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE TO SUCH ITEMS. UNDER NO CIRCUMSTANCES MAY DANGEROUS OR ILLEGAL ITEMS OR SUBSTANCES (E.G., EXPLOSIVES, FIREARMS, LIQUID OXYGEN, COMBUSTIBLE OR ILLEGAL SUBSTANCES) BE TAKEN ONBOARD THE VESSEL.  PASSENGER(S) SHALL BE RESPONSIBLE TO PRE-NOTIFY CARRIER IF THERE IS ANY QUESTION AS TO THE PERMISSIBILITY OF TAKING ANY ITEM OR SUBSTANCE ONBOARD THE VESSEL.

21. CHOICE OF LAW/PLACE OF SUIT; WAIVER OF TRIAL BY JURY; CLASS ACTION WAIVER

THIS TICKET AND ALL DISPUTES OR CLAIMS WHATSOEVER BY PASSENGER SHALL BE GOVERNED EXCLUSIVELY, IN ALL RESPECTS, AND WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, BY THE GENERAL MARITIME LAW OF THE UNITED STATES INCLUDING THE DEATH ON THE HIGH SEAS ACT (46 USCS  § 30302).  EXCEPT AS OTHERWISE expressly SPECIFIED IN THIS TICKET, PASSENGER AGREES This CHOICE OF LAW SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY OTHER STATE OR NATION.

It is specifically agreed by and between You, the Passenger, and Carrier that any and all disputes, claims and matters whatsoever arising under, in connection with, or incident to this Ticket , your booking of space or your voyage where passenger sues carrier or carrier is named as a party shall be litigated solely and exclusively, if at all, in and before the United States District Court for the Southern District of Florida in DADE County, Florida and in the event that United States District Court for the Southern District of Florida lacks subject matter jurisdiction then any suit must be brought in a Court of competent jurisdiction located in DADE County, Florida to the exclusion of any other Court where suit may otherwise be brought. NEITHER CARRIER NOR PASSENGER SHALL HAVE THE RIGHT TO TRIAL BY JURY AND EACH EXPRESSLY WAIVES SUCH RIGHT.

RESOLUTION OF ALL DISPUTES HEREUNDER SHALL BE BY AND BETWEEN CARRIER AND PASSENGER AND CONTRACTOR AND PASSENGER INDIVIDUALLY AND SHALL NOT BE LITIGATED AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION.

23. WARRANTIES/CONSEQUENTIAL DAMAGES EXCLUDED. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR USE, SEAWORTHINESS AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED FROM THIS AGREEMENT. CARRIER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.

25. EXCEPT AS PROVIDED IN THIS SECTION, THE PROVISIONS OF THIS TICKET REPRESENT THE ENTIRE AGREEMENT BETWEEN THE PASSENGER AND CARRIER AND IS A BINDING CONTRACT. THE PASSENGER’S PURCHASE OF THIS TICKET REPRESENTS HIS/HER AGREEMENT WITH, ACKNOWLEDGEMENT AND ACCEPTANCE OF, AND CONSENT TO ALL TERMS AND CONDITIONS OF THIS PASSAGE CONTRACT, WITH ALL PRIOR REPRESENTATIONS, STATEMENTS, ADVERTISING AND SOLICITATIONS, ORAL OR WRITTEN, HAVING BEEN MERGED HEREIN AND SUPERSEDED HEREBY. CARRIER MAY CHANGE OR MODIFY THESE TERMS AND CONDITIONS UPON WRITTEN NOTICE TO PASSENGER. IN THE EVENT OF A DIRECT CONFLICT BETWEEN A PROVISION OF THIS TICKET AND A PROVISION OF THE CRUISE INDUSTRY PASSENGER BILL OF RIGHTS (“PBOR”) IN EFFECT AT THE TIME OF BOOKING, THE PBOR CONTROLS.

COVID-19 MEDICAL PROCEDURES

To learn more about our COVID Protocols, please visit - https://redseaspirit.com/safety-instructions/