Carnival Cruise
Lines TICKET CONTRACT
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, 4, AND 10 THROUGH 13, WHICH CONTAIN IMPORTANT
LIMITATIONS ON THE RIGHTS OF GUESTS TO ASSERT CLAIMS AGAINST
CARNIVAL CRUISE LINES, THE VESSEL, THEIR AGENTS AND EMPLOYEES, AND
OTHERS, INCLUDING FORUM SELECTION, ARBITRATION AND WAIVER OF JURY
TRIAL FOR CERTAIN CLAIMS.
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. DEFINITIONS AND SCOPE OF
CONTRACT
(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 Clause 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, International Passenger Departure or Arrival Tax,
Customs User Fee, Immigration Fee and Agricultural Inspection
Fee.
(d) Cruise Fare does not include fuel supplement
charges. Carnival reserves the right to charge a fuel supplement
charge without prior notice.
(e) 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.
(f) 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.
(g) This contract constitutes the entire agreement
between Carnival and Guest and supersedes all other agreements, oral
or written. Any alteration to any term of this contract must be in
writing and signed by Carnival. Except as provided in Clause 13
below, 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.
2. NATURE OF
CRUISE AND GUEST’S OBLIGATIONS
(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. It is the
guest’s sole responsibility to bring and have available at all times
all required travel documents. Guests are advised to check with
their travel agent or the appropriate government authority to
determine the necessary documents. Any guest traveling without
proper documentation will not be allowed to board the vessel and no
refund of the cruise fare will be issued.
(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. YOUR TRAVEL
AGENT
Any travel agent or
sales agent utilized by the Guest in connection with the booking of
the cruise, or 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. BAGGAGE, PERSONAL PROPERTY,
PROHIBITED ITEMS; LIMITATION OF LIABILITY
(a) Each
fully paid adult Guest will be allowed an unlimited amount of
baggage free of charge. Baggage 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 Title 46 of the United States Code
section 30503 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 traveling 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. FITNESS TO TRAVEL, SPECIAL
NEEDS, PREGNANCY, INFANTS, DRINKING;
DISEMBARKATION
(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 will enter her third trimester (twenty-seventh
week) of pregnancy by the time of the voyage, nor for or with
infants less than four months old. 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.
(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.
6. CANCELLATION BY GUEST,
REFUNDS
Reservations will be held
until 30 minutes prior to departure. No refunds will be
made in the event of “no shows”,
unused tickets, lost tickets, interruptions, partially used tickets, or cancellations received late or
after the start of the cruise. A cancellation occurs when
a stateroom is released and not simultaneously rebooked
on the same sailing. Carnival strongly recommends the
purchase of trip cancellation insurance from your travel agent. For
cancellation charges related to group bookings, partial ship
charters or full ship charters refer to your charter contract or
group booking agreement for terms and conditions.
7. CARNIVAL’S RIGHT TO INCREASE
FARES, CANCEL OR CHANGE VOYAGE
(a) Carnival reserves
the right to increase published rates and air fare supplements
without prior notice. However, fully paid or deposited guests will
be protected, except for fuel supplements, government taxes, other
surcharges and changes to deposit, payment and cancellation
terms/conditions which are subject to change without
notice.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
8. COMPLIANCE WITH RULES,
SOLICITATION, SMOKING, DRINKING, ILLEGAL
ACTIVITY
(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 Clause may subject guest to
disembarkation.
(b) 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.
(c) 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.
(d) 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.
(e) Except as noted below, Guests
are prohibited from bringing alcohol on Carnival’s vessels for on
board consumption. However, at the beginning of the cruise, during
embarkation day only, Guests 21 years and older may bring one bottle
of wine or champagne per person on board. A $10 corkage fee
per bottle will be charged should guests wish to consume this
wine/champagne in the dining room, or a $14 corkage fee per bottle
if consumed in the Supper Club. All alcohol, additional quantities
of wine/champagne and excessive non-alcoholic beverages will be
confiscated and discarded without compensation. Alcoholic beverages
purchased in the vessel’s gift shops or at a port of call will be
retained by Carnival until the end of the voyage. 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.
9. GUEST’S REIMBURSEMENT FOR FINES,
EXPENSES, DEBTS AND DAMAGES
(a) 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.
(b) 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.
(c) 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.
10. INDEPENDENT CONTRACTORS, SHORE
EXCURSIONS AND OTHER SERVICES
(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. Even though Carnival
shall be entitled to collect a fee and earn a profit from the
ticketing or sale of such services by such persons or entities,
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 contains 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.
11. LIMITATIONS OF CARNIVAL’S
LIABILITY
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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 Title 46 of
the United States Code sections 30501 through 30509, and 30511.
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.
12. JURISDICTION, VENUE, ARBITRATION AND
TIME LIMITS FOR CLAIMS
(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. Legal
proceedings to recover on any claim whatsoever other than for
personal injury, illness or death shall not be maintainable unless
commenced 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
commencement. 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) Except as to claims subject to arbitration as
provided in Clause 12 (d) below, it is agreed by and between the
Guest and Carnival that all disputes and matters whatsoever arising
under, in connection with or incident to this Contract or the
Guest’s cruise, including travel to and from the vessel, shall be
litigated, if at all, before the United States District Court for
the Southern District of Florida in Miami, or as to those lawsuits
to which the Federal Courts of the United States lack subject matter
jurisdiction, before a court located in Miami-Dade County, Florida,
U.S.A. to the exclusion of the Courts of any other county, state or
country.
(d) Any and all disputes, claims, or controversies
whatsoever, other than for personal injury, illness or death of a
Guest, whether brought in personam or in rem or based on contract,
tort, statutory, constitutional or other legal rights, including but
not limited to alleged violation of civil rights, discrimination,
consumer or privacy laws, or for any losses, damages or expenses,
relating to or in any way arising out of or connected with this
Contract or Guest’s cruise, no matter how described, pleaded or
styled, between the Guest and Carnival, with the sole exception of
claims brought and litigated in small claims court, shall be
referred to and resolved exclusively by binding arbitration pursuant
to the United Nations Convention on the Recognition and Enforcement
of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330
U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the
Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et
seq., (“FAA”) solely in Miami-Dade County, Florida, U.S.A. to the
exclusion of any other forum. Guest hereby consents to
jurisdiction and waives any venue or other objection that may be
available to any such arbitration proceeding in Miami-Dade, Florida.
The arbitration shall be administered by the American Arbitration
Association under its Commercial Dispute Resolution Rules and
Procedures which are deemed to be incorporated herein by
reference. If you have a question about the arbitration
administrators mentioned above, you can contact them as
follows: American Arbitration Association, Bank of America
Tower,100 Southeast 2nd Street, Ste. 2300, Miami, FL
33131 (305) 358-7777.
NEITHER
PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN
PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE
ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN
ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR’S
DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR
CARNIVAL WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN
ARBITRATION. An award rendered by an arbitrator may be entered
in any court having jurisdiction under the Convention or FAA.
Carnival and Guest further agree to permit the taking of a
deposition under oath of the Guest asserting the claim, or for whose
benefit the claim is asserted, in any such arbitration. In the
event this provision is deemed unenforceable by an arbitrator or
court of competent jurisdiction for any reason, then and only then
the provisions of Clause 12 (c) above governing venue and
jurisdiction shall exclusively apply to any lawsuit involving claims
described in this Clause.
13. CLASS ACTION
WAIVER
THIS CONTRACT
PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL
LEGAL ACTION ON GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS
ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST
AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER
SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY
CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO
WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS
ACTION. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION UNDER
CLAUSE 12 (d) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO
ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS
SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE
ARBITRATION CLAUSE SET FORTH IN SECTION 12 (d) ABOVE, AND IF FOR ANY
REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY
PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT
TO ARBITRATION.
14. CARNIVAL’S USE OF GUEST’S
LIKENESS
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.
15. GUEST’S USE OF
PHOTOS, VIDEOS OR RECORDINGS
PROHIBITTED
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.
16. GUEST’S OBLIGATIONS FOR EXPENSES OR
IF CONFINED, DENIED BOARDING OR
DISEMBARKED
(a) Guest agrees if Carnival
incurs any expense or sustains any damage as delineated in but not
limited to Clauses 2, 4, 8, 9 and 16, that Carnival may charge
Guest’s on-board charge account for any expense incurred or damage
sustained.
(b) 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 Clauses
2, 4. 5, or 8, guest agrees:
i. Carnival will not be
liable for any refund of Cruise Fare, other compensation or any
damages.
ii. All rights under Carnival’s Vacation
Guarantee are forfeited. This forfeiture also applies to any guest
who disembarks because another guest is disembarked.
iii.
Disembarkation and repatriation to the embarkation port or any other
destination will be at guest’s sole expense.
iv. 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.
|
Carnival Cruise Lines TICKET CONTRACT
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, 4, AND 10 THROUGH 13, WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS TO ASSERT CLAIMS AGAINST CARNIVAL CRUISE LINES, THE VESSEL, THEIR AGENTS AND EMPLOYEES, AND OTHERS, INCLUDING FORUM SELECTION, ARBITRATION AND WAIVER OF JURY TRIAL FOR CERTAIN CLAIMS.
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. DEFINITIONS AND SCOPE OF
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 Clause 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, International Passenger Departure or Arrival Tax, Customs User Fee, Immigration Fee and Agricultural Inspection Fee. (d) Cruise Fare does not include fuel supplement charges. Carnival reserves the right to charge a fuel supplement charge without prior notice. (e) 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. (f) 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. (g) This contract constitutes the entire agreement between Carnival and Guest and supersedes all other agreements, oral or written. Any alteration to any term of this contract must be in writing and signed by Carnival. Except as provided in Clause 13 below, 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.
2. NATURE OF
CRUISE AND GUEST’S OBLIGATIONS (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. (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. YOUR TRAVEL
AGENT
4. BAGGAGE, PERSONAL PROPERTY,
PROHIBITED ITEMS; LIMITATION OF LIABILITY (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 Title 46 of the United States Code section 30503 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 traveling 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. FITNESS TO TRAVEL, SPECIAL
NEEDS, PREGNANCY, INFANTS, DRINKING;
DISEMBARKATION (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 will enter her third trimester (twenty-seventh week) of pregnancy by the time of the voyage, nor for or with infants less than four months old. 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. (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.
6. CANCELLATION BY GUEST,
REFUNDS
7. CARNIVAL’S RIGHT TO INCREASE
FARES, CANCEL OR CHANGE VOYAGE (b) 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. (c) 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. (d) 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. (e) 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.
8. COMPLIANCE WITH RULES,
SOLICITATION, SMOKING, DRINKING, ILLEGAL
ACTIVITY (b) 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. (c) 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. (d) 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.
9. GUEST’S REIMBURSEMENT FOR FINES,
EXPENSES, DEBTS AND DAMAGES (b) 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. (c) 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.
10. INDEPENDENT CONTRACTORS, SHORE
EXCURSIONS AND OTHER SERVICES (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 contains 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.
11. LIMITATIONS OF CARNIVAL’S
LIABILITY (b) 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. (c) 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. (d) 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. (e) 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 Title 46 of the United States Code sections 30501 through 30509, and 30511. 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.
12. JURISDICTION, VENUE, ARBITRATION AND
TIME LIMITS FOR CLAIMS (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. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced 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 commencement. 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) Except as to claims subject to arbitration as provided in Clause 12 (d) below, it is agreed by and between the Guest and Carnival that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Guest’s cruise, including travel to and from the vessel, shall be litigated, if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the Courts of any other county, state or country. (d) Any and all disputes, claims, or controversies
whatsoever, other than for personal injury, illness or death of a
Guest, whether brought in personam or in rem or based on contract,
tort, statutory, constitutional or other legal rights, including but
not limited to alleged violation of civil rights, discrimination,
consumer or privacy laws, or for any losses, damages or expenses,
relating to or in any way arising out of or connected with this
Contract or Guest’s cruise, no matter how described, pleaded or
styled, between the Guest and Carnival, with the sole exception of
claims brought and litigated in small claims court, shall be
referred to and resolved exclusively by binding arbitration pursuant
to the United Nations Convention on the Recognition and Enforcement
of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330
U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the
Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et
seq., (“FAA”) solely in Miami-Dade County, Florida, U.S.A. to the
exclusion of any other forum. Guest hereby consents to
jurisdiction and waives any venue or other objection that may be
available to any such arbitration proceeding in Miami-Dade, Florida.
The arbitration shall be administered by the American Arbitration
Association under its Commercial Dispute Resolution Rules and
Procedures which are deemed to be incorporated herein by
reference. If you have a question about the arbitration
administrators mentioned above, you can contact them as
follows: American Arbitration Association, Bank of America
Tower,100 Southeast 2nd Street, Ste. 2300, Miami, FL
33131 (305) 358-7777.
13. CLASS ACTION
WAIVER
14. CARNIVAL’S USE OF GUEST’S
LIKENESS 15. GUEST’S USE OF
PHOTOS, VIDEOS OR RECORDINGS
PROHIBITTED
16. GUEST’S OBLIGATIONS FOR EXPENSES OR
IF CONFINED, DENIED BOARDING OR
DISEMBARKED |
