Big Head Todd 2018 Caribbean Cruise Terms and Conditions

All passengers must read and agree to the BIG HEAD TODD 2018 CARIBBEAN CRUISE PASSENGER TICKET CONTRACT copied below. Passengers may request a copy of this contract from Local Knowledge.
 
BIG HEAD TODD 2018 CARIBBEAN CRUISE PASSENGER TICKET CONTRACT
IMPORTANT NOTICE! THIS PASSENGER TICKET CONTRACT CONTAINS THE FOLLOWING [ALL OF WHICH ARE COLLECTIVELY REFERRED TO AS THE “CONTRACT”]: (A) SUPPLEMENTAL TERMS AND CONDITIONS (AND LIMITATIONS) OF LOCAL KNOWLEDGE, LLC AND (B) THE TICKETING CONTRACT OF STAR CLIPPERS, LTD. [INCLUDING THE TERMS AND CONDITIONS OF THE CONTRACT OF CARRIAGE AND THE ADDITIONAL TERMS AND CONDITIONS]. THIS CONTRACT CONTAINS IMPORTANT LIMITATIONS ON YOUR AND YOUR FELLOW TRAVELERS' RIGHTS AND CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU (AND ANYONE ELSE FOR WHOM YOU HAVE A BOOKED A TICKET) AND LOCAL KNOWLEDGE, LLD AND YOU AND STAR CLIPPERS, LTD. PLEASE READ CAREFULLY ALL THE TERMS OF THIS CONTRACT, INCLUDING, BUT NOT LIMITED TO, PAYING PARTICULAR ATTENTION TO PARAGRAPHS 14.1, 14.2, 14.3, 14.4, 14.5, AND 18.1 AND 18.2 OF THE STAR CLIPPERS, LTD. CONTRACT OF CARRIAGE AND PARAGRAPHS 1 THROUGH 10 OF THE LOCAL KNOWLEDGE, LLC SUPPLEMENTAL TERMS AND CONDITIONS, AND RETAIN THEM FOR YOUR FUTURE REFERENCE.


By purchasing or accepting the Passenger Ticket Contract for the Big Head Todd 2018 Caribbean Cruise, you warrant and represent to and for the benefit of Local Knowledge and Star Clippers, Ltd. (and BHTM as defined below) that you have read this Contract and all provisions hereof in its entirety, agree to such provisions, and you are expressly authorized by all Guests named in your reservation group, including each minor, if any, to accept and agree on behalf of each such Guest to be bound by all provisions of this Contract. Acceptance and/or use of this Passenger Ticket Contract and/or participating in the Cruise constitutes the agreement of Passenger to all the terms and conditions of this Contract.
While the Star Clippers, Ltd. Ticketing Contract was current as of November 1, 2016, you are advised the provisions thereof are subject to change at any time. Current versions of the Star Clipper, Ltd. Ticketing Contract may be viewed at the cruise line website: www.starclippers.com.

NOTE, all Passengers will be required, as a condition to boarding, to confirm their agreement to all the terms and conditions of this Contract and the current version of the Star Clipper, Ltd. Ticketing Contract by signing at the time of boarding copies of this Contract and the current version of the Star Clipper, Ltd. Ticketing Contract. Any Passengers declining to do so will be denied passage on the Cruise and in such case shall receive no refund or other compensation whatsoever.

All references to "Local Knowledge" shall be understood to include Local Knowledge, LLC and any entity wholly owned by Local Knowledge, LLC or affiliated through ownership with the owners of Local Knowledge, LLC. All references to the "Cruise" or to "Big Head Todd 2018 Caribbean Cruise" (or any variation of the event name) shall be understood to refer to the Big Head Todd 2018 Caribbean Cruise aboard a Star Clippers, Ltd. vessel. All references to "Guest" shall have the same meaning as "Passenger" for purposes of this Contract and shall include each person listed on a Passenger Ticket Contract and each person, other than Local Knowledge personnel, Star Clippers, Ltd. personnel, and artists and artist personnel, who embarks on the Cruise or attends any Cruise or Cruise related event, whether or not listed on a Passenger Ticket Contract. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine as context requires. The headings herein are inserted only as a matter of convenience and reference, and in no way define or describe the scope of the Agreement, or the intent of any provisions hereof.

This Contract is only transferable subject to the Supplemental Terms and Conditions as described within paragraph 3 and you may not sell or assign it unless approved by Local Knowledge. It is valid only on the vessel and for the voyage and event indicated. Except as provided herein, this Contract may not be modified except in writing signed by Local Knowledge and the Star Clippers, Ltd. The terms, conditions and limitations herein shall apply to any and all disputes regardless whether arising aboard the vessel or in any other place, location or any mode of transportation whatsoever. All rights, defenses, disclaimers and limitations of liability set forth herein shall inure to the benefit of Local Knowledge, and all concessionaires, independent contractors or other providers of any services or facilities in connection with or incident to the Guest’s cruise, as well as any of their affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; and all suppliers, shipbuilders, component part manufacturers; and their owners, operators, managers, charterers, agents, pilots, officers, crew, employees and vessels. Neither Local Knowledge, nor any of its employees have any authority to change, modify, alter or suspend any of the provisions of the Contract of Carriage (as may be modified as set forth herein) which shall govern the relationship between Guest and Star Clippers, Ltd. exclusively.

LOCAL KNOWLEDGE SUPPLEMENTAL TERMS AND CONDITIONS

1. Nature of the Cruise

Big Head Todd 2018 Caribbean Cruise is an event cruise featuring, among other activities, musical entertainment. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular concert on any particular date to be performed by any particular artist. Local Knowledge and Guest agree that Guest is purchasing passage on board a specific vessel during a specific period of time during which time it is anticipated that musicians will perform during the Cruise. While every effort is made by Local Knowledge to avoid conflicting activities and performances, Local Knowledge cannot guarantee that any Guest will be able to attend every performance or activity during the Cruise.


2. Pricing and Payments


Local Knowledge is providing a window of opportunity for Passengers to register and place a $500 per person deposit prior to November 30, 2016. Should a minimum of 120 Passengers register and place a deposit within this time, Local Knowledge will verify that the cruise will proceed and the Payment Schedule as described below, as well as all Cancellation, Change, and Name Transfer policies described in paragraph 3, shall be in effect. Should Local Knowledge NOT receive the required minimum of 120 passengers registered with deposits placed by November 30, 2016, the cruise will be canceled and all deposits will be 100% fully refunded within 30 days by company check.
Local Knowledge reserves the right to increase published prices without notice. In the event of an increase, the Passenger has the option of accepting the increased fare or canceling the reservation without penalty. Payment for the Cruise shall be made in US Dollars.

The following Deposit and Payment Schedule Shall Apply


A Deposit of $500 per person is due at the time of registration; Due March 3, 2017- 50% of Balance; Due October 3, 2017- Full Balance including all Taxes, Port Charges and Fees of $235 per person and Pre-paid Gratuities of $77 per person.
Reservations made after the final payment due date of October 3, 2017 must be paid in full upon booking. Payments not received by the dates indicated are subject to a late fee of no less than $100.00 (USD). Payments not made or collected within 5 business days of the due date will risk cancellation of the reservation and forfeiture of all payments and deposits.
The individual making the reservation for the Cruise is considered the “Lead Passenger” in whose name the reservation is held. The consideration for the cruise shall be deemed to be earned when paid and is not refundable.


3. Changes, Transfers and Cancellation
Terms and conditions defined in this paragraph supersede Star Clippers, Ltd. policies.
Local Knowledge STRONGLY RECOMMENDS (but does not require) that each Passenger purchase travel insurance for the Cruise. Because of the nature and uniqueness of the Cruise, there is a strict Cancellation Policy.


Deposit Refund Policy: Local Knowledge is providing a window of opportunity for Passengers to register and place a $500 per person deposit prior to November 30, 2016. Should a minimum of 120 Passengers register and place a deposit within this time, Local Knowledge will verify that the cruise will proceed and all Cancellation, Change, and Name Transfer policies shall be in effect. Should Local Knowledge NOT receive the required minimum of 120 passengers registered with deposits placed by November 30, 2016, the cruise will be canceled and all deposits will be 100% fully refunded within 30 days by company check.


The Cancellation Policy:


The following CANCELLATION SCHEDULE shall apply subject to the Registration Transfer option:
- Cancellations prior to November 30, 2016: Full refund minus a $250 cancellation fee.
- Cancellations between November 30, 2016 and March 3, 2017: Full refund minus a $500 cancellation fee.
- Cancellations between March 3, 2017 and October 3, 2017: 50% of the total Cruise Fare is non-refundable (*see Registration Transfer below).
- Cancellations after October 3, 2017: 100% of the Cruise Fare is non-refundable (*see Registration Transfer below).
- Registration Transfer: For any parties needing to cancel after March 3, 2017 Local Knowledge will attempt to find a replacement registrant from the cruise wait list. Should a replacement be found, the canceling party will receive a Full Refund minus a $1,000 Cancellation Fee. Should one not be available on the wait list, any refund due will be based upon the cancellation schedule described above.
ALL CANCELLATIONS AFTER OCTOBER 3, 2017 ARE 100% NON-REFUNDABLE.


Name Change: One Name Change per cabin registration will be allowed prior to November 3, 2017 at no charge. Name Changes between November 3, 2017 and January 3, 2018 are subject to a $250 Change Fee. No Name Changes allowed after January 3, 2018. Change is at the discretion of, and must be approved by, Local Knowledge. By accepting the Name Change transfer the receiving passenger(s) agree in full to the Big Head Todd 2018 Caribbean Cruise Passenger Ticket Contract.

4. Star Clippers, Ltd. Ticketing Contract


a. Each Guest further agrees that, pursuant to the provisions of the Star Clippers, Ltd. Ticketing Contract, Local Knowledge, as charterer of the vessel, is included within the term “Star Clippers, Ltd.” in the Ticketing Contract and that Local Knowledge shall be entitled to the benefit of all rights, terms, conditions, and limitations granted Star Clippers, Ltd. thereunder as a charterer of the vessel as though Local Knowledge were specifically named therein.


b. Cruise Fare does not include fuel supplement charges. “Fuel Supplement” shall mean any additional charge to defray a portion of Star Clipper, Ltd. fuel costs. The amount of fuel supplements and government fees and taxes collected are subject to change. No fuel surcharge is in effect at the time of printing of this Contract. Star Clipper, Ltd. reserves the right to charge a fuel supplement, without prior notice, on all guests if the closing price of West Texas Intermediate Oil according to the NYMEX (New York Mercantile Exchange Index) exceeds USD $85 per barrel of oil on January 17, 2018. The fuel surcharge for guests should not be more than $10 per guest per day. Star Clipper, Ltd. may collect any fuel supplement in effect at the time of sailing, even if the cruise fare has been paid in full.

5. Breach or Cancellation by Performing Artist


Local Knowledge has entered into an agreement with each performing artist on the Big Head Todd 2018 Caribbean Cruise to be present on board the Cruise and to perform in accordance with terms specified therein. However, neither Local Knowledge nor Star Clippers, Ltd. shall be liable or responsible for failure of any artist or musician to appear on board or to perform under its agreement. Further, neither Local Knowledge nor Star Clippers, Ltd. shall be liable or responsible for any loss, damage, cost, or expense of any kind to any Guest or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the vessel (for which the Master shall be the sole judge), breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by governmental authority, illness, death of a family member or other cause or circumstance beyond Local Knowledge’s reasonable control. In the event of any failure of contracted artists to perform during the cruise, Local Knowledge, in its sole discretion, may engage a replacement artist or artists, or may change, postpone or terminate all or any part of the Cruise or the entertainment program or change the program or itinerary. In such case, Local Knowledge, shall have no liability to any Guest for any loss, damage, cost or expense whatsoever by reason of such change.
In any other case including without limitation any breach of contract or failure to perform by any artist or musician, Guest and Local Knowledge acknowledge that Guest’s actual losses arising from such breach, cancellation or termination would be difficult if not impossible to calculate at the time of entry into this Agreement. A number of factors contribute to these uncertainties including without limitation the fact that Guest has embarked on a cruise and other substitute entertainment will be provided for Guest’s enjoyment and the difficulty of arranging substitute entertainment. Therefore, Guest agrees that the remedies described herein (substitution for any particular artist or musician) represent fair compensation in the nature of liquidated damages to the exclusion of all other damages payable by Local Knowledge or Star Clippers, Ltd., whether direct or indirect, proximate or incidental or consequential, for such modification, cancellation or termination of the Cruise by Local Knowledge. If the Cruise is canceled as the result of any material breach or gross negligence of Local Knowledge or of a contracted artist or musician, no Guest shall be entitled to recover any incidental or consequential losses or damages sustained by him or her. Each Guest agrees this remedy shall be his or her exclusive remedy.

6. Cancellation of the Cruise


Star Clippers, Ltd. has reserved, in sections 12.1 and 12.3 of the Star Clippers, Ltd. Ticketing Contract, the right to cancel the Cruise, and by extension the Ticketing Contract at the port of embarkation or at any time during the voyage. If the Cruise is cancelled completely prior to embarkation, each Guest shall receive a refund of his or her passage fare paid. If the Cruise is cancelled during the voyage, each Guest shall receive a refund of a proportionate part of his or her passage fare paid. Local Knowledge shall have no further liability for damages or compensation of any kind.

7. Public Performance


Local Knowledge has the exclusive right to include photographic, video and other visual portrayals of Passenger in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Passenger, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Local Knowledge sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger.

8. Zero Tolerance Policy
Local Knowledge, LLC, has a zero tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in disembarkation from the vessel as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases Local Knowledge, LLC and Star Clippers, Ltd. shall not be liable for any refund or other compensation or damages.

9. Forum


It is agreed by and between each Guest and Local Knowledge that all disputes and matters whatsoever arising under, in connection with or incident to this agreement or to the Big Head Todd 2018 Caribbean Cruise, including any dispute or matter arising out of or related to Guest’s travel to the vessel involving Local Knowledge, shall be litigated if at all, before the United States District Court for the District of Colorado in Denver, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Jefferson County, Colorado, U.S.A. to the exclusion of the courts of any other county, state or country.

10. Responsibility


The "Big Head Todd 2018 Caribbean Cruise” is solely organized and presented by Local Knowledge. The band “Big Head Todd and the Monsters” and their individual members, entities, organizations, affiliates, agents, representatives, employees, officers, directors, managers, successors and assigns (collectively referred to herein as “BHTM”), are not part of the organizers operators of the Cruise and are contracted independently to provide entertainment as agreed upon by Big Head Todd and the Monsters, Inc. and the organizer, Local Knowledge. Each Guest agrees as a condition of attending the Cruise: (1) BHTM shall have no responsibility or liability whatsoever in any manner relating to the Cruise including, but not limited to, transportation, any Cruise-related event or any activities related thereto, (2) BHTM shall be entitled to the full protection of any and all contractual provisions or law which limits the liability of any party or parties in any manner involved in the Cruise, and (3) to release BHTM from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, and obligations of every kind and nature, direct or indirect, regardless of the legal theory upon which they are based, in law, equity, or otherwise, known and unknown, now existing or arising at any time in the future, arising out of or in any way relating the Cruise.

Star Clippers, LTD. TICKETING CONTRACT


Passengers are advised to read carefully all the terms and conditions set forth below, in particular but not limited to paragraphs 14.5 (time limitation), 14 (applicability of laws and treaties) and 18 (venue and law), because acceptance and/or use of this Passenger ticket contract constitutes the complete agreement of Passenger to all the terms and conditions of this Passenger Ticketing Contract.

STAR CLIPPERS, LTD. TERMS AND CONDITIONS OF CONTRACT OF CARRIAGE

1.


Parties. The Contract of Carriage shall be between Malta International Shipping Services Limited (the “Carrier”) and the Passenger on the basis of these terms and conditions. By making a booking, the Passenger confirms that all persons named in the booking have agreed to be bound by these terms and conditions and all other terms of the Contract of Carriage, and that he or she is duly authorised to do so on their behalf.

2.1


Definitions. “Passenger” shall include the plural where appropriate and means a person who has entered into a contract of carriage with the Carrier for the supply of a cruise and includes any specified person who will be participating in the cruise. Any use of the masculine shall include the feminine.

2.2
“Departure date” means day one of the cruise as notified to the Passenger at the time of booking and as amended from time to time at the sole discretion of the Carrier and in accordance with these terms and conditions.

2.3


“Force Majeure” means an unusual and unforeseeable event outside the control of the Carrier and includes but is not limited to war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics including but not limited to incidents of infectious or other diseases or illnesses, unavoidable and unforeseeable technical problems with transport for reason beyond the Carrier’s control or that of any suppliers of the Carriers, deviation at sea in response to a distress call or other emergency, closed or congested ports, adverse weather conditions or adverse sea states, failure of power supplies, Passenger suicide or attempted suicide or a Passenger’s deliberate exposure to unnecessary danger or the consequences of participating in an unusual and dangerous activity and any other circumstances of any nature whatsoever.

2.4


“Voyage” shall mean the voyage from the Passengers’ port of embarkation to the port of disembarkation as stated on the front of his Passengers’ ticket.

3.

The Contract. This Contract of Carriage is valid only for the cruise specified in the booking and for the person or persons named in the booking, and cannot be transferred or used in connection with any other cruise offered by the Carrier without the Carrier’s written consent. No Contract of Carriage shall be made until the deposit (or, where appropriate, the full price) has been paid. Failure to pay any balance by the due date or due dates shall entitle the Carrier to cancel the booking and retain the deposit by way of a cancellation charge as set out in these terms and conditions. All monies paid by the Passenger to a travel agent shall be treated as having been paid to the Carrier.

4.


Occupancy. A Passenger shall not have the right to exclusive occupancy of a cabin with two or more berths unless the single person supplement is paid. If a cancellation results in a passenger becoming the sole occupant of a cabin with two or more berths, he or she shall be liable to pay a single person supplement. If a cancellation reduces the number of Passengers originally booked in a cabin together, the remaining Passenger or Passengers shall each be liable to pay any increase in the price resulting from the reduction.

5.


The price. Includes transportation as specified in this contract, full board and customary ships’ food. The price does not include alcoholic beverages, wine, beer, sodas, mineral waters or any other items of a personal nature.

6.


Shore excursions. Are available for separate purchase prior to travel or on board. They are arranged by the Carrier with local operators. They do not form part of the contract and are not performed by the Carrier.

7.


Embarkation. The Passenger is responsible for ensuring that he or she arrives in plenty of time to board the ship. The Passenger must board the ship at least 30 minutes before departure time. The Passenger is solely responsible for checking with regard to any flight delays or cancellations. Passengers must ensure that they have a valid passport and any other necessary travel documents, such as visas, for the whole of their cruise. The Carrier is not responsible for obtaining visas for any Passenger and this remains the responsibility of each Passenger at all times. The Carrier shall have no obligation to transport a Passenger in the event that he or she does not have all the necessary travel documents, and the Carrier shall be entitled to deny boarding to such a Passenger without the refund of any part of the price of this contract.

8.


Prohibited items. The Passenger is not permitted to bring on board the vessel any animal whatsoever, alcoholic liquors or beverages, compressed oxygen tanks, fire-arms, weapons, explosives, ammunition, inflammable materials, drugs other than those prescribed for the Passenger by a medical practitioner, or any items deemed by the Carrier or Captain of the vessel to be of a dangerous nature.

9.1


Prices and other charges. Prices are based on operating costs and market conditions at the date they are published and may be revised upwards or downwards at any time.

9.2


Once the Passenger has made a booking no increase or decrease in the price will be made except as follows:

9.2.1


If there is an increase or decrease in the cost of providing any cruise under a contract of more than 2% caused by an increase or decrease in transportation costs, including the cost of fuel, dues, taxes or fees for services at ports, or exchange rates, then a surcharge may be levied and may include an amount to cover agents’ commission or a refund may be provided. If the total surcharge is more than 10% of the price quoted at the time of the Passenger’s booking, the Passenger will be entitled to cancel the contract with a full refund of all monies paid. Such cancellation must be made within 14 days of the issue date printed on the surcharge invoice. If a surcharge is made it will be demanded in writing. Failure to pay a surcharge within 14 days may be treated as cancellation by the Passenger of the contract which may result in a cancellation charge.

9.2.2


No surcharges will be charged less than 30 days before the departure date but bookings received within this period may be charged at the published price plus any surcharge arising up to the date of that booking.

9.2.3


All accounts for goods or services provided on board and any other amounts not included in the price of the contract must be settled before the Passenger leaves the ship. . An administration charge of €75.00 will apply if the Passenger fails to settle in full his or her on-board account before leaving the ship.

10.1


Fitness to travel and Passengers with disabilities or reduced mobility. In order to ensure that the Carrier is able to carry Passengers safely and in accordance with applicable safety requirements established by international, EU or national law, or in order to meet safety requirements established by competent authorities including the ship’s flag state, the Passenger making the booking represents that all Passengers in the booking are fit to travel.

10.2


At the time of booking every Passenger is obliged to inform the Carrier of any condition or disability, including but not limited to reduced mobility, which may require special arrangements, medical equipment, medical supplies or care or assistance. This obligation is to ensure that the Passenger can be carried safely and in accordance with all applicable safety requirements. If the Passenger cannot be carried safely and in accordance with applicable safety requirements, then the Carrier is entitled to refuse to accept a booking or to embark that Passenger on the grounds of safety. Any such refusal will be based on an assessment of risk by the Carrier which will take into account the provisions of national law and other applicable legislation and international regulations. It is important that the fullest information is provided by the Passenger at the time of booking. If a Passenger’s circumstances change between the date of booking and the date of commencement, which may make the carriage of that Passenger unsafe, the Passenger is obliged to inform the Carrier as soon as possible and to notify the Carrier of any requirements for special arrangements, medical equipment, medical supplies, care or assistance.



10.3


The Carrier reserves the right to require any Passenger to produce medical evidence of fitness to travel on the cruise purchased in order to assess whether the Passenger can be carried safely in accordance with applicable international, EU or national law. Where the Carrier considers that it is strictly necessary, the Carrier may require a Passenger with reduced mobility or a disability to be accompanied by another person who is fit and able to assist the Passenger in daily tasks and is also capable of providing the assistance required by that Passenger with reduced mobility or a disability. This requirement will be based entirely on safety grounds and may vary from one ship to another or from one itinerary to another. The assessment of whether or not it is strictly necessary for a Passenger to be accompanied will be based on information provided at the time of the booking. It is therefore important that Passengers provide as much information as possible to enable a full risk assessment to be made. A Passenger may be asked to provide further details to ensure that the Carrier has all relevant information.

10.4


In order to ensure that the Carrier can provide the necessary assistance, and that there are no issues relating to the design of the ship or port infrastructure and equipment, including port terminals, which may make it impossible to carry out the embarkation, disembarkation or carriage of the Passenger in a safe or operationally feasible manner, Passengers who may require special treatment or assistance or who have a disability or reduced mobility, must advise the Carrier at the time of the booking.

11.


Cancellation by the Passenger. The Passenger may cancel the contract subject to notice to the Carrier in writing and payment to the Carrier of a cancellation fee. The effective date of cancellation is the date of receipt of written notice to cancel by the Carrier. The cancellation charges will apply whatever the reason for the Passenger’s cancellation, including illness, incapacity, death or any other intervening event. If the Passenger has already started the cruise but is unable to continue for any reason whatsoever, the Carrier may re-sell any unused services or accommodation and no refund will be payable to the Passenger.

12.1


Alteration and cancellation by the Carrier. The Carrier reserves the right to cancel the cruise at any time on giving written notice to the Passenger.

12.2


Published cruise details or itineraries in brochures, and any notified to the Passenger at the time of placing a booking, may be subject to alteration after the contract is made as a result of events, changes in circumstances or other factors that have arisen since the cruise was originally planned by the Carrier. Alterations may include omitting, substituting or adding ports of call, restricting the availability of any on-board facility and services available at any time or otherwise changing the itinerary (including routing of the ship), schedules, the ship itself or other arrangements that form part of the cruise. Where possible and appropriate the Carrier will try to ensure that any changes are as limited as practical and do not take place within 14 days of the departure date unless due to a force majeure event. Such alteration will not amount to a significant alteration of the cruise under the contract.

12.3


Where before the departure date it becomes impossible to provide the cruise, even by making changes, due to an event of force majeure, the Carrier will give notice of cancellation of the cruise as soon as practical and the Passenger will be offered a refund of all monies paid under the contract or, where possible, the choice of a replacement cruise of equivalent value.

12.4


Where after the departure date it becomes impossible to provide any part of a cruise under a contract due to an event of force majeure, the Carrier will make suitable alternative arrangements at no extra cost to the Passenger. If this is not possible transport will be provided back to the place of embarkation. Where the cruise is curtailed, for each whole day lost the Passenger will be reimbursed an amount equal to the daily cost of the cruise.

12.5


In the event of cancellation, alteration or delay (including prolongation of the cruise) the Carrier will not be responsible for individual circumstances or arrangements, or any losses arising from individual circumstances or arrangements.

13.1


Conduct, safety and security. The Carrier has the right to make, enforce or change, without prior notice, rules and policies for the conduct of Passengers on board relating to matters including, but not limited to, dress, behaviour, alcohol and food.

13.2


For the Passenger’s safety and security, or that of other Passengers, it may be necessary for crew members or other servants or agents of the carrier to search Passengers, their cabins or their luggage. Each Passenger will allow this to take place when a search is authorised by the Captain or a security or other officer of the ship and each Passenger agrees to follow any instructions or orders in this regard.

13.3


The Passenger will be responsible for any loss or damage caused by him or her during the cruise to any property or person or other third party or to the Carrier, no matter how that loss or damage is caused. If the Passenger causes such loss or damages then the Carrier may require the Passenger to pay an amount to cover the loss or damage so caused.

14.1


Liability. Carriage of Passengers and their luggage by sea is governed by the Athens Convention and, where applicable, EU Regulation 392/2009 on the Liability of Carriers of Passengers by Sea in the Event of Accidents. The Athens Convention and, where applicable, EU Regulation 392/2009 are expressly incorporated into this contract of carriage and any liability of the Carrier for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely brought in accordance with the Athens Convention and, where applicable, EU Regulation 392/2009. In most cases the Athens Convention and, where applicable, EU Regulation 392/2009 limit the Carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables.

14.2


In respect of any claims for loss of or damage to property, including luggage, which are not covered by International Conventions, including the Athens Convention and where applicable EU Regulation 392/2009, any legal liability the Carrier may have for such losses will be limited to €100 per Passenger. The Carrier shall not be liable for lost valuables including jewellery, money, cameras, watches, electronic equipment, documents or other valuables under any circumstances.

14.3


Shore excursions are not included in the price and do not form part of a cruise. Any shore excursions booked will be supplied by local operators who are not the Carrier’s servants, agents or suppliers and who apply the local laws and regulations of the relevant country. The Carrier is not responsible for any acts or omissions which are wholly attributable to the fault of the local operators. Passengers are responsible for ensuring that they are sufficiently fit and healthy to undertake shore excursions.

14.4


It is agreed that the Carrier shall be deemed a ship owner for the purposes of the Convention on Limitation of Liability for Maritime Claims 1976, whether as amended by the Protocol of 1996 in force in any relevant jurisdiction, and entitled to limit its liability in accordance with that Convention.

14.5


Notice Requirements and Time Limits. No suits, action or proceeding, including, without limitation those brought in rem and/or in personam, shall be maintained against the Carrier for any loss, damage or injury to Passenger arising from any cause whatsoever, including, but not limited to damage to property, delay, detention, personal injury, illness or death unless written notice of the claim with full particulars is delivered to the Carrier at 4, Rue De La Turbie, MC 98000 – Monaco within six (6) months from the day when such loss, damage or injury to the Passenger occurred. In no event shall any suit for any cause, whether in rem or in personam, be brought or maintainable against the Carrier with respect to delay, detention, personal injury, illness or death, whether occurring on board the vessel or ashore, unless suit shall be commenced with one (1) year from the day when such damage, delay, detention, personal injury, illness or death occurred, notwithstanding any provision of law of any state or country to the contrary.

15.


General average and salvage. A Passenger will not be liable to pay nor entitled to receive any general average contribution in respect of property taken with him on the vessel. He will not be entitled to any remuneration by way of salvage.

16.


Amendments and severability. No amendment of this contract shall be valid unless made in writing and signed by a duly authorised Officer of the Carrier. No amendment of any term of this contract pertaining to the Carrier’s liability shall be valid unless made in writing and signed by the Carrier’s President or Managing Director. The terms of this contract shall be separable. Should any provision of this contract be deemed invalid by a Court of competent jurisdiction, such provision shall be deemed to be severed from this contract and of no force and effect and all remaining provisions herein shall continue to be in full force and effect.

17.


Entire contract. This contract constitutes the entire agreement between the parties and superseded all representations or conditions contained in the Carrier’s advertisements, notices, brochures or other materials and/or promises and agreements made or claimed to have been made to or with the Passenger or anyone representing him or her by any party.

18.1


Law and Jurisdiction. This contract shall be governed by and construed in accordance with the laws of the Principality of Monaco and any dispute in relation thereto shall be subject to the jurisdiction of the Courts of the Principality of Monaco.

18.2


The Passenger and the Carrier agree that any and all claims shall be subject to the jurisdiction of the Courts of the Principality of Monaco.

Star Clippers, Ltd. additional Terms and Conditions


Star Clippers GSA, Inc. dba Star Clippers Americas acts only as a sales and marketing agent for Star Clippers, Ltd. for the purpose of booking travel arrangements on Star Clippers vessels. Star Clippers, Ltd. operates the vessels on which you will be sailing.


Travel Requirements


All passengers are required to have valid passports. Visas may be required for certain ports visited. Without the proper entry requirements, passengers may not be able to disembark in certain ports of call. All travel documents such as passports, visas, proof of citizenship, etc., required for disembarkation at various ports of call are the responsibility of the passenger. Consult your consulate to determine documentary requirements or entry permits. Passengers will not be permitted to sail without proper documentation and no refund of cruise fare will be given to any passenger failing to bring such documentation. Please note that passengers’ names must be exactly as they appear on their passport.
Luggage
All luggage must be securely packed and clearly labeled with passenger’s full name, ship’s name, cabin number and date of sailing. We recommend travel documents (cruise tickets, passport and visa), valuables, medication and hand luggage are hand carried. Neither Star Clippers, Ltd. nor Star Clippers Americas is responsible for any loss, theft or damage to passenger’s luggage or personal property. Any liability for loss or damage to luggage or personal property is limited to the terms and conditions specified on the cruise ticket.

Embarkation


During embarkation, all passengers must have in his/her possession a cruise ticket, valid passport, and visas (where necessary). Embarkation times are included in cruise documents (generally four hours prior to departure time). Passengers must be on board the ship no later than one hour prior to sailing. If all passengers are on board prior to the scheduled departure time, the ship may sail early.
Visitors
We regret, for security considerations, no visitors will be allowed on board.
Alcoholic Beverages
Guests are prohibited from bringing alcoholic beverages for consumption on board the ship. Alcoholic beverages purchased in ports of call will be retained and returned at the end of the voyage.
Pets
Pets are not permitted on board Star Clippers, Ltd.’s vessels.

Special Occasions


Passengers celebrating a birthday, anniversary, honeymoon or other special occasion during their cruise should advise their travel professional or Star Clippers Americas at the time of booking.

Medical Condition/Physical Disabilities


Any medical condition or physical disability that may require special attention or treatment must be advised to Star Clippers Americas at the time of booking. Star Clippers Americas recommends that physically disabled passengers travel with someone who is able to assist them both on board and ashore. Our vessels do not have elevators or ramps, and access to land is often via ship’s launches. Star Clippers, Ltd. reserves the right to refuse or revoke passage to anyone who, in its judgement, is unfit to travel due to a physical or mental condition or who may require care beyond that which can be provided by Star Clippers, Ltd. Star Clippers, Ltd. regards third trimester pregnancy as a travel risk and reserves the right to refuse passage to pregnant women. Star Clippers, Ltd. will not be responsible or liable for any complications relative to such pregnancy arising or occurring during the entire cruise vacation.

Medical Services


A qualified physician or registered nurse is either on staff or is available from shore. In addition, the ship’s officers are qualified in administering first aid. Should a passenger require hospital treatment, the ship is almost always near a medical facility on shore. Passengers requiring prescription medications are advised to bring them on board. Only over-the-counter medications are available at the Sloop Shop.

Personal Funds and Credit Cards


Each passenger will receive a personalized identification card that will be used to charge services and products provided on board the ship. The identification cards must be presented each time a passenger boards the ship. Passengers are advised to carry their identification card with them at all times. Each account can be settled in cash, travelers checks or credit card the final day of the cruise. The following credit cards are accepted: Visa, MasterCard and American Express. Personal checks and Discover are not accepted onboard. All onboard charges are in euros.

Safe


Each cabin is equipped with a private safe. Operating instructions are clearly posted. Because each passenger is responsible for items kept in his/her stateroom, it is recommended to place items of special value in the complimentary safe.

Electrical Appliances


Star Clipper and Star Flyer provide passengers with 110- volt (American current). Passengers are advised to bring their own electrical converter.

Telephone Communications


Cabins are equipped with a direct-dial telephone that passengers can use while at sea. All calls will be billed to their onboard account. Should someone wish to contact a passenger at sea, they may do so by calling the Star Clippers Americas office and the information will be forwarded to the ship. Passengers contacted from shore via fax will be charged onboard.

Smoking / Non-smoking


A smoking section will be designated on the top deck of ship. The cabins, dining room and all enclosed public areas are strictly non-smoking.

Watersports


All passengers have access to our watersports program which includes: snorkeling, sunfish sailing, waterskiing, and windsurfing. Please note: all watersports are complimentary.

Laundry Services


Laundry services are available at an additional cost and may be arranged through your room steward. Dry cleaning is not available.

Sloop Shop


Star Clippers, Ltd.’s Sloop Shop offers a variety of shirts, bags and other miscellaneous items.

Toiletries

Airport Taxes


Airport taxes, including any fuel or facility surcharges, and airport departure taxes are the responsibility of

Rights Reserved & Limits of Responsibility
The transportation of passengers and baggage is governed by the terms and conditions of the Contract of Passage contained in the cruise ticket. The passenger’s acceptance of the ticket contract and acceptance of passage on the vessel constitutes acceptance of the terms, conditions and information contained in this document and the cruise ticket. It is recommended that you read the terms carefully. Star Clippers, Ltd. reserves the right at its sole option and discretion and that of the Captain of the ship without liability for damages or refund of any kind to deviate from the ship’s advertised or ordinary itinerary or route, to delay, advance or cancel any sailing, to omit or change ports of call and may, but is not obliged to, arrange for substantially equivalent transportation by another vessel and/or by other means of transportation, to cause the passenger to disembark from the ship temporarily or permanently, to tow or to be towed or assist other vessels, or to perform any similar act which, in its sole judgement and discretion, is justified for any reason.
Star Clippers, Ltd. or Star Clippers Americas before fuel may for any reason whatsoever cancel any sailing at any time before departure of the ship including the event of a full-ship charter. In such events, Star Clippers’ only liability will be to refund to the passenger the amount it has received for the cruise ticket.

Independent Contractor / Limit of Liability


Star Clippers, Ltd.’s liability and responsibility does not extend beyond the vessel; any arrangements made by or for passengers either before boarding or when disembarking are at the passenger’s own risk. Neither Star Clippers Americas nor Star Clippers, Ltd. owns or controls any airlines, ground transportation or hotels. As a convenience to our passengers, Star Clippers Americas may sell tickets for shore excursions or arrange other services which are operated by independent contractors, but neither Star Clippers, Ltd. nor Star Clippers Americas shall be responsible in any way whatsoever for any damage, loss, injury or death arising in conjunction with the services provided by these independent contractors.

Fuel Surcharge


No fuel surcharge is in effect at the time of printing this brochure. Star Clippers reserves the right to impose a fuel surcharge, without prior notice, on all guests if the closing price of West Texas Intermediate Oil according to the NYMEX (New York Mercantile Exchange Index) exceeds USD $85 per barrel of oil. The fuel surcharge for guests should not be more than $10 per guest per day. Star Clippers may collect any fuel surcharge in effect at the time of sailing, even if the cruise fare has been paid in full. No right of cancellation exists under any circumstance due to the charging of fuel surcharges.

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