|
IMPORTANT NOTICE TO
GUESTS
THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY CARNIVAL CRUISE LINES
TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS
APPEARING BELOW.
NOTICE: THE ATTENTION OF GUEST IS ESPECIALLY DIRECTED TO CLAUSES 1
AND 13 THROUGH 17, WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS
TO ASSERT CLAIMS AGAINST CARNIVAL CRUISE LINES, THE VESSEL, THEIR AGENTS AND
EMPLOYEES, AND OTHERS.
IMPORTANT TERMS AND CONDITIONS OF CONTRACT - READ CAREFULLY
In consideration of the receipt of the full cruise fare, Carnival Cruise
Lines (“Carnival”) agrees to transport Guest on the above - specified voyage on
the following terms and conditions:
1. (a) Whenever the word “Carnival” is used in this Contract it shall mean and
include, the Vessel, its owners, operators, employees, agents, charterers and
tenders. The term “Guest” shall include the plural where appropriate, and all
persons or entities booking or purchasing passage and/or traveling under this
Contract, including heirs, representatives and any accompanying minors. The
masculine includes the feminine. “Guest” shall have the same meaning as
“Passenger” in this Contract.
(b) “Cruise Fare” or “Fare” means the amount paid for cruise plus any air
travel to or from the vessel at the beginning or end of the cruise, if arranged
by Carnival. The fare includes full board, ordinary ship’s food during the
voyage, but not spirits, wine, beer, soft drinks or mineral waters, or any
other incidental charge or expense. The cruise fare shall be deemed to be
earned when paid and not refundable except as stated in Carnival’s brochure
applicable to the voyage and as provided in paragraph 8, herein.
(c) Cruise Fare does not include Government taxes and fees imposed or
sanctioned by the U.S. Government or other Governments. These charges are in
addition to the Cruise Fare and include but are not limited to, Passenger
Facility Charges, Security Surcharges, Fuel Surcharges, International Passenger
Departure or Arrival Tax, Customs User Fee, Immigration Fee and Agricultural
Inspection Fee.
(d) This ticket is valid only for the person(s) named hereon as Guests and
cannot be transferred or modified without Carnival’s written consent. The
acceptance or use of this ticket by the person(s) named hereon as Guests shall
be deemed acceptance and agreement by each of them to all of the terms and
conditions of this Passage Contract.
(e) All rights, exemptions from liability, defenses and immunities of Carnival
under this contract shall also inure to the benefit of Carnival’s facilities,
whether at sea or ashore, servants, agents, managers, affiliated or related
companies, suppliers, shipbuilders and manufacturers of component parts and
independent contractors, including, but not limited to, shore excursion or tour
operators, ship’s physician, ship’s nurse, retail shop personnel, health and
beauty staff, fitness staff, video diary staff, and other concessionaires, who
shall have no liability to the Guest, either in contract or in tort, which is
greater than or different from that of Carnival.
2. (a) The Guest admits a full understanding of the character of the Vessel and
assumes all risks incident to travel and transportation and handling of Guests
and cargo. The Vessel may or may not carry a ship’s physician or other medical
personnel at the election of Carnival. 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. Guest agrees to indemnify and reimburse Carnival in the event
Carnival elects to advance the cost of emergency medical care, including
medical care provided ashore as well as transportation and/or lodging in
connection therewith.
(b) Carnival’s vessels visit numerous ports in a number of countries. Guests
assume responsibility for their own safety and Carnival cannot guarantee
Guest’s safety at any time. The United States Department of State, Centers for
Disease Control and Prevention and other governmental and tourist organizations
regularly issue advisories and warnings to travelers and Carnival strongly
recommends Guests obtain and consider such information when making travel
decisions. Carnival assumes no responsibility for gathering said information.
The Guest acknowledges that the cruise may be booked in a location that is
susceptible to severe weather systems, including but not limited to,
hurricanes, tropical storms and depressions, and that Carnival reserves the
right to alter the ship’s course, ports of call, itinerary, activity and shore
excursions to avoid such weather systems and insure the comfort and safety of
the Guest and crew.
(c) Proper travel documentation is required at embarkation and throughout the
cruise. Any guest traveling without proper documentation will not be allowed to
board the vessel and no refund of the cruise fare will be issued. United States
citizens must produce proof of citizenship in the form of a passport (valid or
expired for less than 10 years), original birth certificate, state-issued
certified copy of birth certificate, or original Naturalization papers.
Canadian citizens must produce a valid passport, original birth certificate or
certified copy of a birth certificate. U.S. Resident Aliens need an Alien
Resident Card. Non-U.S. citizens need a valid passport and a valid, unexpired
U.S. Multiple Re-Entry Visa if applicable. Aliens eligible to apply for
admission under the Visa Waiver Pilot Program must have a valid, unexpired
passport. Carnival assumes no responsibility for advising Guest of Immigration
requirements. Resident Aliens and Aliens must contact the appropriate
consulate, U.S. Embassy and U.S. Immigration office to inquire about necessary
travel documentation. Canada requires certain foreign nationals to obtain a
Canadian visa in addition to the multiple-entry visa. All guest 16 years of age
or older must provide an official photo I.D.
(d) Guest acknowledges receipt of Carnival’s applicable brochure and “Welcome
Aboard” booklet. Guest agrees to abide by the terms and conditions of
Carnival’s brochure and “Welcome Aboard” booklet.
(e) Guest acknowledges that, for a voyage commencing in a United States port
for a round-trip voyage via one or more United States ports, Guest must
complete the voyage and disembark at the embarkation port. Failure to do so may
result in a fine or penalty being imposed by the United States Customs Service
or other governmental agency. In consideration for the fare paid, Guest agrees
to pay any such fine or penalty imposed because of Guest’s failure to complete
the voyage.
(f) Carnival shall refuse boarding to any Guest under the age of twenty-one
unless: (1) the Guest is traveling in the same stateroom with an individual
twenty-five years or older; (2) traveling in the same stateroom with their
spouse; or (3) traveling with a parent or guardian in an accompanying
stateroom. Proof of age and/or proof of marriage are required. Carnival shall
not be liable to make any refunds or for any damages with respect to any
Guest’s failure to provide proper proof of age or marriage or otherwise comply
with this provision.
3. Any travel agent or sales agent utilized by the Guest in connection with
this contract is solely the agent of the Guest and not Carnival. Carnival is
not responsible for the financial condition or integrity of any travel agent
utilized by Guest. In the event that an agent shall fail to remit to Carnival
any monies paid to the agent by Guest, Guest shall be and remain liable for the
fare due to Carnival, regardless of whether liability is asserted before or
after embarkation. Issuance and validity of ticket contract is conditional upon
final payment being received by Carnival prior to sailing. Any refund made by
Carnival to an agent on behalf of Guest shall be deemed payment to Guest,
regardless whether the monies are delivered by the agent to Guest. Receipt of
this ticket contract, any other documentation or notification pertaining to the
cruise by Guest’s travel agent shall constitute receipt by Guest.
4. (a)
Each fully paid adult Guest will be allowed a reasonable amount of luggage on board containing their personal belongings.
Luggage means only trunks, valises, satchels, bags, hangers and bundles with their contents consisting of only such wearing
apparel, toilet articles and similar personal effects as are necessary and appropriate for the purpose of the journey.
(b) No tools of trade, household goods, presents and/or property of others,
jewelry, money, cameras, documents, valuables of any description including but
not limited to such articles as are described in Section 4281 Revised Statute
of the U.S.A. (46 USC § 181) shall be carried except under and subject to the
terms of a special written contract or Bill of Lading entered into with
Carnival prior to embarkation upon application of the Guest. The Guest warrants
that no such articles are contained in any receptacle or container presented by
him as baggage hereunder, and if any such articles are shipped in the Guest’s
baggage in breach of this warranty, no liability for negligence, gross or
ordinary, shall attach to Carnival for any loss or damage thereto.
(c) Carnival shall not be liable for: (1) Guest’s failure to comply with the
requirements set forth in Clauses 4(a) and 4(b); (2) any loss or damage before
baggage comes into Carnival’s actual custody on board or after baggage leaves
Carnival’s actual custody on board, including, but not limited to, loss or
damage by airlines or other transportation services; (3) any loss or damage of
baggage while not in the actual possession, custody and control of Carnival;
(4) damage due to wear, tear or normal usage; (5) any loss or damage of
perishable items, medicine, liquor, cash, securities or other financial
instruments, or (6) any loss or damage while in the custody and control of
stevedores.
(d) It is stipulated and agreed that the aggregate value of Guest’s property,
does not exceed $50 per guest or bag with a maximum value of $100 per stateroom
regardless of the number of occupants or bags and any liability of Carnival for
any cause whatsoever with respect to said property shall not exceed such sum,
unless the Guest shall in writing, delivered to Carnival, prior to embarkation,
declare the true value thereof and pay to Carnival prior to embarkation a sum
equal to 5% of the excess of such value. If Carnival shall be held liable for
the loss of or damage to Guest’s baggage or property it is agreed that such
liability shall not exceed the lesser of: (1) the actual cash value, or (2)
value declared in the manner above provided (up to U.S. $100 if no such
declaration has been made). Declared value amounts to be proportionately
reduced in any case where less than all of Guest’s baggage or property is lost,
delayed or rendered unusable due to damage. In no event shall Carnival be
liable to pay any compensation if the nature or value of the property has been
misrepresented.
(e) No Guest is permitted, to bring on board the vessel live animals (other then
qualified service animals, with not less than 14 days advance notice given to
Carnival). Guest will be solely responsible for any and all damage and/or loss
caused by service animals.
(f) Weapons, firearms, ammunitions, explosives, incendiary devices, or other
dangerous goods are strictly prohibited aboard the vessel. The Guest warrants
that no such articles are contained in any receptacle or container carried or
presented by him as baggage. Carnival may deny boarding to any Guest travelling
with any weapons, firearms, ammunitions, explosives, incendiary devices, or
other dangerous goods and no refund of the cruise fare will be issued. Carnival
will confiscate and turn over to the appropriate governmental authorities any
of the above articles found on the Guest or his baggage. The Guest will be
solely responsible for any and all damage and/or loss caused by his violation
of this policy.
5. Carnival has the right without previous notice to cancel this contract at the
port of embarkation or any time during the voyage and shall thereupon return to
the Guest, if the Contract is completely canceled, his passage money, or, if
the Contract is partially canceled, a proportionate part thereof. Under such
circumstances, Carnival shall have no further liability for damages or
compensation of any kind.
6. (a) The Guest warrants that he and those traveling with him are physically fit to travel at the time of embarkation and is required to notify Carnival in writing at the time of booking the cruise of any physical disability or medical condition which may require special assistance during the voyage. Failure to do so will release Carnival from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. Upon booking the cruise, guests who have special needs are required to contact Carnival’s Special Needs Desk (305-599-2600 ext. 70025) to discuss the details of their special needs. Carnival reserves the right to require that any Guest, who is not self-sufficient, travel with a companion who shall take responsibility for any assistance needed during the voyage and in case of emergency.
(b) Carnival and the Master each reserves the right to refuse passage, disembark or confine to a stateroom any Guest whose physical or mental condition, or behavior would be considered in the sole opinion of the Captain and/or the ship's physician to constitute a risk to the Guest's own well-being or that of any other Guest or crew member. Guest understands and acknowledges that in addition to the limitations on medical care described in Clause 2 (a), prenatal and early infant care, in particular, may require specialized diagnostic facilities and/or treatment that are not obtainable during the cruise on board the ship and/or ashore in ports of call. Therefore, Guest agrees not to book a cruise or board the ship if she is or will enter her twenty-fourth week of pregnancy by the time of the voyage, nor for or with infants less than six months old--for trans-ocean crossings, South America, and Hawaii the infant must be at least twelve months of age at the time of embarkation to sail. Carnival and the Master reserve the right to disembark any guest whose behavior affects the comfort, enjoyment, safety or well being of other guests or of any crew. All expectant Guests further agree to provide Carnival, prior to embarkation, with a physician's statement verifying that her gestational status is in accordance with this policy, and certifying her fitness to travel even if she will be less than twenty-four weeks pregnant upon embarkation. Failure to do so shall result in the cancellation of the Guest's reservation without refund, compensation or payment except as set forth in Carnival's cancellation policy described in Clause 6, based on the timing of such cancellation.
(c) When traveling with a minor and both parents/legal guardians are not cruising, we strongly recommend bringing an original signed letter from the absent parent/guardian authorizing the minor to travel with you. This will expedite processing by the Department of Homeland Security. Please note that a letter to this effect is required if debarking with children in Mexico.
(d) Guest acknowledges that Carnival’s vessels contain non-smoking sections.
Guest agrees to refrain from smoking in those sections and agrees that Carnival
has the right to disembark the Guest for failure to observe Carnival’s
non-smoking policy.
(e) Guests are prohibited from bringing alcoholic beverages on Carnival’s
vessels for on board consumption. Alcoholic beverages purchased in the vessel’s
gift shops or ashore cannot be consumed aboard the vessel and will be retained
by Carnival until the end of the voyage. Guests who are celebrating a special
occasion are permitted to bring fine wine or champagne (no other alcohol is
permitted) at the beginning of the cruise during embarkation day only. A $10
corkage fee will be charged should guests wish to consume this wine/champagne
in the dining room. Carnival reserves the right to refuse to serve alcohol to
any passenger. Guest acknowledges that the minimum age permitted for the
purchase, possession or consumption of alcoholic beverages aboard Carnival’s
vessels is twenty-one (21). Guest agrees to supervise all persons under age
twenty-one (21) under Guest’s charge to insure that they do not violate this,
or any other, shipboard regulation. Guests who attempt to purchase alcohol by
using false identification or the Sail & Sign card of a Guest who is
twenty-one or older will be deemed in violation of this policy. Any Guest
twenty-one or older who attempts to or purchases alcohol for any guest under
twenty-one will also be deemed in violation of this policy. Guest agrees that
Carnival has the right to disembark any guest who violates this policy and as
well as any adults traveling with minors who violate this policy or any other
shipboard regulation.
7. Carnival reserves the right to increase published fares without prior notice.
In the event of an increase, the Guest has the option of accepting the
increased fare or canceling reservations without penalty. Carnival reserves the
right to use any substitute ship in the performance of this contract.
|
|
DAYS PRIOR TO DEPARTURE DATE
|
CANCELLATION CHARGE (per guest) |
|
2, 3, 4 & 5 DAY CRUISES |
Up to 61 days
|
None (except cruises to nowhere*)
|
|
|
60 to 30 days
|
Deposit**
|
|
|
29 to 8 days
|
50% of Total Fare |
|
|
7 days or less
|
100% of Total Fare |
|
6, 7 & 8 DAY CRUISES
|
Up to 76 days
|
None
|
|
|
75 to 30 days
|
Deposit
|
|
|
29 to 8 days
|
50% of Total Fare |
|
|
7 days or less
|
100% of Total Fare
|
|
ALASKA CRUISES
|
Up to 76 days
|
None
|
|
CRUISE TOURS
|
75 to 46 days
|
Deposit
|
|
AND 10 DAY
|
45 to 15 days
|
50% of Total Fare |
|
OR LONGER CRUISES
|
14 days or less
|
100% of Total Fare
|
|
|
|
|
|
Total Fare is defined as Cruise Fare, Air Fare Supplement, Transfer Services and
Pre/Post Cruise Holiday Packages.
|
*The deposit is non refundable
**For cruises-to-nowhere, the cancellation charge is 25% of Total Fare.
9. (a) The Vessel shall be entitled to leave and enter ports with or without
pilots or tugs, to tow and assist other vessels in any circumstances, to return
to or enter any port at the Master’s discretion and for any purpose and to
deviate in any direction or for any purpose from the direct or usual course,
and to omit or change any or all port calls, arrival or departure times, with
or without notice, for any reason whatsoever, including but not limited to
safety, security, adverse weather, strikes, tides, hostilities, emergency
debarkations of Guests or crew, or late air, sea, car or motor coach departures
or arrivals, all such deviations being considered as forming part of and
included in the proposed voyage. Carnival shall have no liability for any
compensation or other damages in such circumstances.
10. (a) Guest agrees during the course of the voyage to follow the directions of
the ship’s Master, or his authorized officer. Guest further agrees not to
solicit anyone on the vessel for any commercial or professional purposes. Guest
agrees that any violation of this paragraph may subject guest to
disembarkation.
(b) Guest agrees, in all ports of call, to return to the Vessel not less than
30 minutes before the scheduled departure time. Guest further acknowledges that
shipboard and shore side clocks may have different times, but it is Guest’s
responsibility to return to the vessel so as not to miss vessel’s departure.
Any costs associated with transporting Guest to rejoin the vessel including,
but not limited to, governmental fees, visa fees, subsistence, lodging, air
fare, launch fare, car hire or agency fees shall be for the account of Guest.
(c) Carnival has a “zero tolerance” policy towards reports of any illegal
activity or behavior by passengers or crew aboard its vessels. Guest agrees to
comply with this policy and further acknowledges that Carnival will report any
and all alleged instances of illegal activity or behavior to the appropriate
law enforcement authorities.
11. The Guest shall be liable to and shall reimburse Carnival or the Master for
any fines or penalties imposed on Carnival by any government, governmental
agency or official, port or port official, for Guest’s failure to observe or
comply with local requirements in respect of immigration, border patrol,
customs and excise, agriculture, health or any other government regulation
whatsoever.
12. The Guest or Guest’s estate shall be liable to and shall reimburse Carnival
for all deviation expenses (including loss of revenue), damages to the Vessel,
its furnishings, operations or equipment, or any property of Carnival caused
directly or indirectly, in whole or in part, by any misconduct, willful or
negligent act or omission on the part of the Guest or any minors traveling with
Guest. The Guest or Guest’s estate shall defend and indemnify Carnival and the
Vessel, their servants and agents against liability which Carnival or the
Vessel or such servants or agents may incur towards any person, company or
Government for any damage to property, personal injury or death caused directly
or indirectly, in whole or in part, by any misconduct, willful or negligent act
or omission on the part of the Guest or minors traveling with Guest.
13. (a)Guest acknowledges that all Shore excursions/tours (whether conducted in
the water, on land or by air), airline flights and ground transportation, as
well as the ship’s physician, nurse and on board concessions (including but not
limited to, the gift shops, spa, beauty salon, fitness center, golf and art
programs, video/snorkel concession) are either operated by or are independent
contractors. Carnival neither supervises nor controls their actions, nor makes
any representation either express or implied as to their suitability. Carnival,
in arranging for the services called for by the physician or nurse, all on
board concessions, all shore excursion/tour tickets, all pre and post cruise
airline flights or other transportation off of the ship and its tenders, does
so only as a convenience for the Guest and Guests are free to use or not use
these services. Guest agrees that Carnival assumes no responsibility, does not
guarantee performance and in no event shall be liable for any negligent or
intentional acts or omissions, loss, damage, injury or delay to Guest and/or
Guest’s baggage, property or effects in connection with said services. Guests
use the services of all independent contractors at the Guest’s sole risk.
Independent contractors are entitled to make a proper charge for any service
performed with respect to a Guest.
(b) Guest acknowledges that the ship’s masseuse, barber, hair dresser,
manicurist, fitness or golf instructor, videographer, art auctioneer, gift shop
personnel, wedding planners or other providers of personal services are
employees of independent contractors and Carnival is not responsible for their
actions. Guest further acknowledges that although independent contractors or
their employees may use signage or clothing which contain the name “Carnival”
or other related trade names or logos, the independent contractor status
remains unchanged. Independent contractors, their employees and assistants are
not agents, servants or employees of Carnival and have no authority to act on
behalf of Carnival.
14.(a) Carnival shall not be liable for any claims whatsoever for personal
injury, illness or death of the guest, unless full particulars in writing are
given to Carnival within 185 days after the date of the injury, event, illness
or death giving rise to the claim. Suit to recover on any such claim shall not
be maintainable unless filed within one year after the date of the injury,
event, illness or death, and unless served on Carnival within 120 days after
filing. Guest expressly waives all other potentially applicable state or
federal limitations periods.
(b) Carnival shall not be liable for any claims whatsoever, other than for
personal injury, illness or death of the Guest, unless full particulars in
writing are given to Carnival within 30 days after the Guest is landed from the
Vessel or in the case the Voyage is abandoned, within 30 days thereafter. Suit
to recover on any claim whatsoever other than for personal injury, illness or
death shall not be maintainable unless filed within six months after the date
Guest is landed from the Vessel or in the case the Voyage is abandoned, within
six months thereafter, and unless served upon Carnival within 120 days after
filing. Guest expressly waives all other potentially applicable state or
federal limitation periods for claims which, include but are not limited to,
allegations concerning any and all civil rights, the ADA, trade practices
and/or advertising.
(c) In consideration for the fare paid, it is agreed that Carnival shall not be
held vicariously liable for the intentional or negligent acts of any persons
not employed by Carnival nor for any intentional or negligent acts of
Carnival’s employees committed while off duty or outside the course and scope
of their employment.
(d) In consideration for the fare paid, it is agreed that Carnival shall have
no liability as a consequence of guest's use of ship's athletic or recreational
equipment or as a consequence of guest's decision to participate in any
athletic or recreational activity or event.
16. On cruises which neither embark, disembark nor call at any U.S. port,
Carnival shall be entitled to any and all liability limitations and immunities
provided under the Athens Convention Relating to the Carriage of Passengers and
Their Luggage by Sea of 1974, as well as the 1976 Protocol to the Convention
Relating to the Carriage of Passengers and Their Luggage by Sea (“Athens
Convention”), which limits Carnival’s liability for death or personal injury of
a passenger to no more than 46,666 Special Drawing Rights as defined therein
(approximately U.S. $60,000 which fluctuates depending on daily exchange rate
as printed in the Wall Street Journal), and all other limits for damage or loss
to personal property.
17. (a) Carnival shall not be liable to the passenger for damages for emotional
distress, mental suffering/anguish or psychological injury of any kind under
any circumstances, except when such damages were caused by the negligence of
Carnival and resulted from the same passenger sustaining actual physical
injury, or having been at risk of actual physical injury, or when such damages
are held to be intentionally inflicted by Carnival.
(b) In addition to all the restrictions and exemptions from liability provided
in this Contract, Carnival shall have the benefit of all Statutes of the United
States of America providing for limitation and exoneration from liability and
the procedures provide thereby, including but not limited to Sections 4282,
4282A, 4283, 4284, 4285 and 4286 of the Revised Statutes of the United States
of America (46 USCA Sections 182, 183, 183c (b), 183b, 184, 185 and 186).
Nothing in this Contract is intended to nor shall it operate to limit or
deprive Carnival or any such statutory limitation of or exoneration from
liability under any applicable laws.
18. If the performance of the proposed voyage is hindered or prevented (or in
the opinion of Carnival or the Master is likely to be hindered or prevented) by
war, hostilities, blockage, ice, labor conflicts, strikes on board or ashore,
restraint of Princes, Rulers or People, seizure under legal process, breakdown
of the Vessel, congestion, docking difficulties or any other cause whatsoever
or if Carnival or the Master considers that for any reason whatsoever,
proceeding to, attempting to enter, or entering or remaining at the port of
Guest’s destination may expose the Vessel to risk or loss or damage or be
likely to delay her, the Guest and his baggage may be landed at the port of
embarkation or at any port or place at which the Vessel may call, at which time
the responsibility of Carnival shall cease and this contract shall be deemed to
have been fully performed, or if the Guest has not embarked, Carnival may
cancel the proposed voyage without liability to refund passage money or fares
paid in advance.
19. Carnival and the Master shall have liberty to comply with any orders,
recommendations or directions whatsoever given by the Government or Department
of any nation or by any person acting or purporting to act with the authority
of such Government or Department or by any Committee or person having under the
terms of the War Risks Insurance on the Vessel the right to give such orders,
recommendations or directions, and if by reason of, and in compliance with any
such orders, recommendations or directions anything is done or is not done the
same shall not be deemed a deviation or a breach of this contract.
Disembarkation of any Guest or discharge of baggage in accordance with such
orders, recommendations or directions shall constitute due and proper
fulfillment of the obligation of Carnival under this Contract.
20. Carnival and the Vessel shall have a lien upon all baggage, money and other
property whatsoever accompanying the Guest and the right to sell the same by
public auction or otherwise for all sums whatsoever due from the Guest under
this contract and for the costs and expenses of enforcing such lien and such
sale.
21.Carnival and/or its promotional partners have the exclusive right to include
photographic, video and other visual portrayals of Guest in any medium of any
nature whatsoever for the purpose of trade, advertising, sales, publicity or
otherwise, without compensation to Guest, and all rights, title and interest
therein (including all worldwide copyrights therein) shall be Carnival’s sole
property, free from any claims by Guest or any person deriving any rights or
interest from Guest.
22.This contract constitutes the entire agreement between Carnival and Guest and
supercedes all other agreements, oral or written. Any alteration to any term of
this contract must be in writing and signed by Carnival. Should any provision
of this contract be contrary to or invalid by virtue of the law of the
jurisdiction in which this contract is sought to be enforced or be so held by a
court of competent jurisdiction, such provision(s) shall be deemed to be
severed from the Contract and of no effect and all remaining provisions herein
shall be in full force and effect and constitute the Contract of Carriage.
23.Guest hereby expressly agrees that he/she will not utilize any tape
recording, video, or photograph(s) of himself/herself, any other guest, crew,
or third party on board 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 written
consent of Carnival. Guest acknowledges that by boarding the vessel, at any
time, Guest irrevocably agrees to this provision, which is a condition
precedent to being permitted on board the vessel and can be enforced by any
legal means, including, but not limited to, injunctive relief.
24.If guest is denied boarding, confined to a stateroom or disembarked from the
vessel pursuant to any provision of this contract, including but not limited to
paragraphs 2(c), 2(f), 6(b), 6(c), 6(d), 10(a), guest agrees:
a. Carnival will not be liable for any refund of Cruise Fare, other
compensation or any damages
b. Disembarkation and repatriation to the embarkation port or any other
destination will be at guest’s sole expense.
c. To indemnify Carnival and that Carnival may charge Guest’s on-board charge
account for any and all expenses incurred by Carnival in relation to Guest’s
disembarkation and/or repatriation.
25.Guest agrees if Carnival incurs any expense or sustains any damage as
delineated but not limited to paragraphs 2(a), 2(e),10(b), 11, 12 that Carnival
may charge Guest’s on-board charge account for any expense incurred or damage
sustained.
|