| 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 ON THE FOLLOWING 11 PAGES. THE PROVISIONS ON THE FOLLOWING
PAGES OF THIS CONTRACT ARE INCORPORATED AS THOUGH FULLY REWRITTEN ON THE
FACE OF THIS CONTRACT.
NOTICE:
THE ATTENTION OF GUEST IS ESPECIALLY DIRECTED TO CLAUSES 1 AND 13
THROUGH 17, WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS
TO ASSERT CLAIMS AGAINST CARNIVAL CRUISE LINES, THE VESSEL, THEIR AGENTS
AND EMPLOYEES, AND OTHERS.
IMPORTANT
TERMS AND CONDITIONS OF CONTRACT - READ CAREFULLY
In consideration of the receipt of the full cruise fare, Carnival Cruise
Lines ("Carnival") agrees to transport Guest on the above -
specified voyage on the following terms and conditions:
1. (a) Whenever the word "Carnival" is used in this Contract
it shall mean and include, the Vessel, its owners, operators, employees,
agents, charterers and tenders. The term "Guest" shall include
the plural where appropriate, and all persons or entities booking or
purchasing passage and/or traveling under this Contract, including
heirs, representatives and any accompanying minors. The masculine
includes the feminine. "Guest" shall have the same meaning as
"Passenger" in this Contract.
(b)
"Cruise Fare" or "Fare" means the amount paid for
cruise plus any air travel to or from the vessel at the beginning or end
of the cruise, if arranged by Carnival. The fare includes full board,
ordinary ship's food during the voyage, but not spirits, wine, beer,
soft drinks or mineral waters, or any other incidental charge or
expense. The cruise fare shall be deemed to be earned when paid and not
refundable except as stated in Carnival's brochure applicable to the
voyage and as provided in paragraph 8, herein.
(c)
Cruise Fare does not include Government taxes and fees imposed or
sanctioned by the U.S. Government or other Governments. These charges
are in addition to the Cruise Fare and include but are not limited to,
Passenger Facility Charges, Security Surcharges, Fuel Surcharges,
International Passenger Departure or Arrival Tax, Customs User Fee,
Immigration Fee and Agricultural Inspection Fee.
(d) This ticket is valid only for the person(s) named hereon as Guests
and cannot be transferred or modified without Carnival's written
consent. It supersedes all prior contracts and representations, whether
oral or written. The acceptance or use of this ticket by the person(s)
named hereon as Guests shall be deemed acceptance and agreement by each
of them to all of the terms and conditions of this Passage Contract.
(e) All rights, exemptions from liability, defenses and immunities of
Carnival under this contract shall also inure to the benefit of
Carnival's facilities, whether at sea or ashore, servants, agents,
managers, affiliated or related companies, suppliers, shipbuilders and
manufacturers of component parts and independent contractors, including,
but not limited to, shore excursion or tour operators, ship's physician,
ship's nurse, retail shop personnel, health and beauty staff, fitness
staff, video diary staff, and other concessionaires, who shall have no
liability to the Guest, either in contract or in tort, which is greater
than or different from that of Carnival.
2. (a)
The Guest admits a full understanding of the character of the Vessel and
assumes all risks incident to travel and transportation and handling of
Guests and cargo. The Vessel may or may not carry a ship's physician or
other medical personnel at the election of Carnival. While at sea or in
port the availability of medical care may be limited or delayed. Guest
acknowledges that all or part of their voyage may be in areas where
medical care and evacuation may not be available. Guest agrees to
indemnify and reimburse Carnival in the event Carnival elects to advance
the cost of emergency medical care, including medical care provided
ashore as well as transportation and/or lodging in connection therewith.
(b)
Carnival's vessels visit numerous ports in a number of countries. Guests
assume responsibility for their own safety and Carnival cannot guarantee
Guest's safety at any time. The United States Department of State,
Centers for Disease Control and Prevention and other governmental and
tourist organizations regularly issue advisories and warnings to
travelers and Carnival strongly recommends Guests obtain and consider
such information when making travel decisions. Carnival assumes no
responsibility for gathering said information. The Guest acknowledges
that the cruise may be booked in a location that is susceptible to
severe weather systems, including but not limited to, hurricanes,
tropical storms and depressions, and that Carnival reserves the right to
alter the ship's course, ports of call, itinerary, activity and shore
excursions to avoid such weather systems and insure the comfort and
safety of the Guest and crew.
(c)
Proper travel documentation is required at embarkation and throughout
the cruise. Any guest traveling without proper documentation will not be
allowed to board the vessel and no refund of the cruise fare will be
issued. United States citizens must produce proof of citizenship in the
form of a passport (valid or expired for less than 10 years), original
birth certificate, state-issued certified copy of birth certificate,
U.S. Military ID, or original Naturalization papers. Canadian citizens
must produce a valid passport, original birth certificate or certified
copy of a birth certificate. U.S. Resident Aliens need an Alien Resident
Card. Non-U.S. citizens need a valid passport and a valid, unexpired
U.S. Multiple Re-Entry Visa if applicable. Aliens eligible to apply for
admission under the Visa Waiver Pilot Program must have a valid,
unexpired passport. Carnival assumes no responsibility for advising
Guest of Immigration requirements. Resident Aliens and Aliens must
contact the appropriate consulate, U.S. Embassy and U.S. Immigration
office to inquire about necessary travel documentation. Canada requires
certain foreign nationals to obtain a Canadian visa in addition to the
multiple-entry visa. All guests 16 years of age or older, must provide
an official photo I.D.
(d) Guest
acknowledges receipt of Carnival's applicable brochure and "Welcome
Aboard" booklet. Guest agrees to abide by the terms and conditions
of Carnival's brochure and "Welcome Aboard" booklet.
(e) Guest
acknowledges that, for a voyage commencing in a United States port for a
round-trip voyage via one or more United States ports, Guest must
complete the voyage and disembark at the embarkation port. Failure to do
so may result in a fine or penalty being imposed by the United States
Customs Service or other governmental agency. In consideration for the
fare paid, Guest agrees to pay any such fine or penalty imposed because
of Guest's failure to complete the voyage.
(f)
Carnival shall refuse boarding to any Guest under the age of twenty-one
unless: (1) the Guest is traveling in the same stateroom with an
individual twenty-five years or older; (2) traveling in the same
stateroom with their spouse; or (3) traveling with a parent or guardian
in an accompanying stateroom. Proof of age and/or proof of marriage are
required. Carnival shall not be liable to make any refunds or for any
damages with respect to any Guest's failure to provide proper proof of
age or marriage or otherwise comply with this provision.
3. Any
travel agent or sales agent utilized by the Guest in connection with
this contract is solely the agent of the Guest and not Carnival.
Carnival is not responsible for the financial condition or integrity of
any travel agent utilized by Guest. In the event that an agent shall
fail to remit to Carnival any monies paid to the agent by Guest, Guest
shall be and remain liable for the fare due to Carnival, regardless of
whether liability is asserted before or after embarkation. Issuance and
validity of ticket contract is conditional upon final payment being
received by Carnival prior to sailing. Any refund made by Carnival to an
agent on behalf of Guest shall be deemed payment to Guest, regardless
whether the monies are delivered by the agent to Guest. Receipt of this
ticket contract, any other documentation or notification pertaining to
the cruise by Guest's travel agent shall constitute receipt by Guest.
4. (a)
Each fully paid adult Guest will be allowed 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 Section
4281 Revised Statute of the U.S.A. (46 USC § 181) shall be carried
except under and subject to the terms of a special written contract or
Bill of Lading entered into with Carnival prior to embarkation upon
application of the Guest. The Guest warrants that no such articles are
contained in any receptacle or container presented by him as baggage
hereunder, and if any such articles are shipped in the Guest's baggage
in breach of this warranty, no liability for negligence, gross or
ordinary, shall attach to Carnival for any loss or damage thereto.
(c) Carnival shall not be liable for: (1) Guest's failure to comply with
the requirements set forth in Clauses 4(a) and 4(b); (2) any loss or
damage before baggage comes into Carnival's actual custody on board or
after baggage leaves Carnival's actual custody on board, including, but
not limited to, loss or damage by airlines or other transportation
services; (3) any loss or damage of baggage while not in the actual
possession, custody and control of Carnival; (4) damage due to wear,
tear or normal usage; (5) any loss or damage of perishable items,
medicine, liquor, cash, securities or other financial instruments, or
(6) any loss or damage while in the custody and control of stevedores.
(d) It is
stipulated and agreed that the aggregate value of Guest's property, does
not exceed $50 per guest or bag with a maximum value of $100 per
stateroom regardless of the number of occupants or bags and any
liability of Carnival for any cause whatsoever with respect to said
property shall not exceed such sum, unless the Guest shall in writing,
delivered to Carnival, prior to embarkation, declare the true value
thereof and pay to Carnival prior to embarkation a sum equal to 5% of
the excess of such value. If Carnival shall be held liable for the loss
of or damage to Guest's baggage or property it is agreed that such
liability shall not exceed the lesser of: (1) the actual cash value, or
(2) value declared in the manner above provided (up to U.S. $100 if no
such declaration has been made). Declared value amounts to be
proportionately reduced in any case where less than all of Guest's
baggage or property is lost, delayed or rendered unusable due to damage.
In no event shall Carnival be liable to pay any compensation if the
nature or value of the property has been misrepresented.
(e) No Guest is permitted to bring on board the Vessel live animals
(other than qualified service animals , with not less than 14 days
advance notice given to Carnival) Weapons, Firearms, Ammunition,
Explosives or other dangerous goods without written permission from
Carnival. Guest will be solely responsible for any and all damage and/or
loss caused by service animals.
5.
Carnival has the right without previous notice to cancel this contract
at the port of embarkation or any time during the voyage and shall
thereupon return to the Guest, if the Contract is completely canceled,
his passage money, or, if the Contract is partially canceled, a
proportionate part thereof. Under such circumstances, Carnival shall
have no further liability for damages or compensation of any kind.
6. (a)The
Guest warrants that he and those traveling with him are physically fit
to travel at the time of embarkation and is required to notify Carnival
in writing at the time of booking the cruise of any physical disability
or medical condition which may require special assistance during the
voyage. Failure to do so will release Carnival from any liability for
loss, damages or other compensation arising from or related in any way
to such disability or condition. Upon booking the cruise, guests who
have special needs are required to contact Carnival's Special Needs Desk
(305-599-2600 ext. 70025) to discuss the details of their special needs.
Carnival reserves the right to require that any Guest, who is not
self-sufficient, travel with a companion who shall take responsibility
for any assistance needed during the voyage and in case of emergency.
(b)
Carnival and the Master each reserves the right to refuse passage,
disembark or confine to a stateroom any Guest whose physical or mental
condition, or behavior would be considered in the sole opinion of the
Captain and/or the ship's physician to constitute a risk to the Guest's
own well-being or that of any other Guest or crew member. Passengers who
will enter their third trimester(twenty seventh week) of pregnancy by
the time of the voyage and infants less than four months old shall not
be permitted to board the vessel. 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) 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.
(d) Guests are prohibited from bringing alcoholic beverages on
Carnival's vessels for on board consumption. Alcoholic beverages
purchased in the vessel's gift shops or ashore cannot be consumed aboard
the vessel and will be retained by Carnival until the end of the voyage.
Guests who are celebrating a special occasion are permitted to bring
fine wine or champagne (no other alcohol is permitted) at the beginning
of the cruise during embarkation day only. A $10 corkage fee will be
charged should guests wish to consume this wine/champagne in the dining
room. Carnival reserves the right to refuse to serve alcohol to any
passenger. Guest acknowledges that the minimum age permitted for the
purchase, possession or consumption of alcoholic beverages aboard
Carnival's vessels is twenty-one (21). Guest agrees to supervise all
persons under age twenty-one (21) under Guest's charge to insure that
they do not violate this, or any other, shipboard regulation. Guests who
attempt to purchase alcohol by using false identification or the Sail
& Sign card of a Guest who is twenty-one or older will be deemed in
violation of this policy. Any Guest twenty-one or older who attempts to
or purchases alcohol for any guest under twenty-one will also be deemed
in violation of this policy. Guest agrees that Carnival has the right to
disembark any guest who violates this policy and as well as any adults
traveling with minors who violate this policy or any other shipboard
regulation.
7.
Carnival reserves the right to increase published fares without prior
notice. In the event of an increase, the Guest has the option of
accepting the increased fare or canceling reservations without penalty.
Carnival reserves the right to use any substitute ship in the
performance of this contract.
8.
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. Cancellation
charges for individual bookings will be assessed as listed below. 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.
| |
DAYS
PRIOR TO CANCELLATION
DEPARTURE DATE CHARGE (per guest) |
|
2
& 3 DAY
|
Up
to 61 days
|
Deposit
(non-refundable)
|
| CRUISES
-TO NOWHERE |
60
to 30 days |
25%
of Total Fare* |
| |
29
to 8 days |
50%
of Total Fare* |
| |
7
days or less |
No
Refund |
| 3,
4 & 5 DAY CRUISES |
Up
to 61 days |
None |
| |
60
to 30 days |
Deposit |
| |
29
to 8 days |
50%
of Total Fare* |
| |
7
days or less |
No
Refund |
| 6,
7 & 8 DAY CRUISES |
Up
to 71 days |
None |
| |
70
to 30 days |
Deposit |
| |
29
to 8 days |
50%
of Total Fare* |
| |
7
days or less |
No
Refund |
| ALASKA
CRUISES |
Up
to 76 days |
None |
| CRUISE
TOURS |
75
to 46 days |
Deposit |
| AND
10 DAY |
45
to 15 days |
50%
of Total Fare* |
| OR
LONGER CRUISES |
14
days or less |
No
Refund |
| |
|
|
| *
Total Fare= Cruise Fare, Air Fare Supplement, Transfer Services
and Pre-Post Pack ages (if applicable) |
9. (a)
The Vessel shall be entitled to leave and enter ports with or without
pilots or tugs, to tow and assist other vessels in any circumstances, to
return to or enter any port at the Master's discretion and for any
purpose and to deviate in any direction or for any purpose from the
direct or usual course, and to omit or change any or all port calls,
arrival or departure times, with or without notice, for any reason
whatsoever, including but not limited to safety, security, adverse
weather, strikes, tides, hostilities, emergency debarkations of Guests
or crew, or late air, sea, car or motor coach departures or arrivals,
all such deviations being considered as forming part of and included in
the proposed voyage. Carnival shall have no liability for any
compensation or other damages in such circumstances.
10. (a) Guest agrees during the course of the voyage to follow the
directions of the ship's Master, or his authorized officer. Guest
further agrees not to solicit anyone on the vessel for any commercial or
professional purposes. Guest agrees that any violation of this paragraph
may subject guest to disembarkation.
(b) Guest agrees, in all ports of call, to return to the Vessel not less
than 30 minutes before the scheduled departure time. Guest further
acknowledges that shipboard and shore side clocks may have different
times, but it is Guest's responsibility to return to the vessel so as
not to miss vessel's departure. Any costs associated with transporting
Guest to rejoin the vessel including, but not limited to, governmental
fees, visa fees, subsistence, lodging, air fare, launch fare, car hire
or agency fees shall be for the account of Guest.
(c)
Carnival has a "zero tolerance" policy towards reports of any
illegal activity or behavior by passengers or crew aboard its vessels.
Guest agrees to comply with this policy and further acknowledges that
Carnival will report any and all alleged instances of illegal activity
or behavior to the appropriate law enforcement authorities.
11. The Guest shall be liable to and shall reimburse Carnival or the
Master for any fines or penalties imposed on Carnival by any government,
governmental agency or official, port or port official, for Guest's
failure to observe or comply with local requirements in respect of
immigration, border patrol, customs and excise, agriculture, health or
any other government regulation whatsoever.
12. The Guest or Guest's estate shall be liable to and shall reimburse
Carnival for all deviation expenses (including loss of revenue), damages
to the Vessel, its furnishings, operations or equipment, or any property
of Carnival caused directly or indirectly, in whole or in part, by any
misconduct, willful or negligent act or omission on the part of the
Guest or any minors traveling with Guest. The Guest or Guest's estate
shall defend and indemnify Carnival and the Vessel, their servants and
agents against liability which Carnival or the Vessel or such servants
or agents may incur towards any person, company or Government for any
damage to property, personal injury or death caused directly or
indirectly, in whole or in part, by any misconduct, willful or negligent
act or omission on the part of the Guest or minors traveling with Guest.
13. (a)Guest acknowledges that all Shore excursions/tours (whether
conducted in the water, on land or by air), airline flights and ground
transportation, as well as the ship's physician, nurse and on board
concessions (including but not limited to, the gift shops, spa, beauty
salon, fitness center, golf and art programs, video/snorkel concession)
are either operated by or are independent contractors. Carnival neither
supervises nor controls their actions, nor makes any representation
either express or implied as to their suitability. Carnival, in
arranging for the services called for by the physician or nurse, all on
board concessions, all shore excursion/tour tickets, all pre and post
cruise airline flights or other transportation off of the ship and its
tenders, does so only as a convenience for the Guest and Guests are free
to use or not use these services. Guest agrees that Carnival assumes no
responsibility, does not guarantee performance and in no event shall be
liable for any negligent or intentional acts or omissions, loss, damage,
injury or delay to Guest and/or Guest's baggage, property or effects in
connection with said services. Guests use the services of all
independent contractors at the Guest's sole risk. Independent
contractors are entitled to make a proper charge for any service
performed with respect to a Guest.
(b) Guest
acknowledges that the ship's masseuse, barber, hair dresser, manicurist,
fitness or golf instructor, videographer, art auctioneer, gift shop
personnel, wedding planners or other providers of personal services are
employees of independent contractors and Carnival is not responsible for
their actions. Guest further acknowledges that although independent
contractors or their employees may use signage or clothing which contain
the name "Carnival" or other related trade names or logos, the
independent contractor status remains unchanged. Independent
contractors, their employees and assistants are not agents, servants or
employees of Carnival and have no authority to act on behalf of
Carnival.
14.(a) Carnival shall not be liable for any claims whatsoever for
personal injury, illness or death of the guest, unless full particulars
in writing are given to Carnival within 185 days after the date of the
injury, event, illness or death giving rise to the claim. Suit to
recover on any such claim shall not be maintainable unless filed within
one year after the date of the injury, event, illness or death, and
unless served on Carnival within 120 days after filing. Guest expressly
waives all other potentially applicable state or federal limitations
periods.
(b) Carnival shall not be liable for any claims whatsoever, other than
for personal injury, illness or death of the Guest, unless full
particulars in writing are given to Carnival within 30 days after the
Guest is landed from the Vessel or in the case the Voyage is abandoned,
within 30 days thereafter. Suit to recover on any claim whatsoever other
than for personal injury, illness or death shall not be maintainable
unless filed within six months after the date Guest is landed from the
Vessel or in the case the Voyage is abandoned, within six months
thereafter, and unless served upon Carnival within 120 days after
filing. Guest expressly waives all other potentially applicable state or
federal limitation periods for claims which, include but are not limited
to, allegations concerning any and all civil rights, the ADA, trade
practices and/or advertising.
(c) In consideration for the fare paid, it is agreed that Carnival shall
not be held vicariously liable for the intentional or negligent acts of
any persons not employed by Carnival nor for any intentional or
negligent acts of Carnival's employees committed while off duty or
outside the course and scope of their employment.
(d) In consideration for the fare paid, it is agreed that Carnival shall
have no liability as a consequence of guest's use of ship's athletic or
recreational equipment or as a consequence of guest's decision to
participate in any athletic or recreational activity or event.
15. 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.
16. On
cruises which neither embark, disembark nor call at any U.S. port,Carnival
shall be entitled to any and all liability limitations and immunities
provided under the Athens Convention Relating to the Carriage of
Passengers and Their Luggage by Sea of 1974, as well as the 1976
Protocol to the Convention Relating to the Carriage of Passengers and
Their Luggage by Sea ("Athens Convention"), which limits
Carnival's liability for death or personal injury of a passenger to no
more than 46,666 Special Drawing Rights as defined therein(approximately
U.S. $60,000 which fluctuates depending on daily exchange rate as
printed in the Wall Street Journal), and all other limits for
damage or loss to personal property.
17. (a)
Carnival shall not be liable to the passenger for damages for emotional
distress, mental suffering/anguish or psychological injury of any kind
under any circumstances, except when such damages were caused by the
negligence of Carnival and resulted from the same passenger sustaining
actual physical injury, or having been at risk of actual physical
injury, or when such damages are held to be intentionally inflicted by
Carnival.
(b) In addition to all the restrictions and exemptions from liability
provided in this Contract, Carnival shall have the benefit of all
Statutes of the United States of America providing for limitation and
exoneration from liability and the procedures provide thereby, including
but not limited to Sections 4282, 4282A, 4283, 4284, 4285 and 4286 of
the Revised Statutes of the United States of America (46 USCA Sections
182, 183, 183c (b), 183b, 184, 185 and 186); as well as all restrictions
or exemptions from liability, when applicable, under the laws of any
foreign nation. Nothing in this Contract is intended to nor shall it
operate to limit or deprive Carnival or any such statutory limitation of
or exoneration from liability under any applicable laws.
18. If
the performance of the proposed voyage is hindered or prevented (or in
the opinion of Carnival or the Master is likely to be hindered or
prevented) by war, hostilities, blockage, ice, labor conflicts, strikes
on board or ashore, restraint of Princes, Rulers or People, seizure
under legal process, breakdown of the Vessel, congestion, docking
difficulties or any other cause whatsoever or if Carnival or the Master
considers that for any reason whatsoever, proceeding to, attempting to
enter, or entering or remaining at the port of Guest's destination may
expose the Vessel to risk or loss or damage or be likely to delay her,
the Guest and his baggage may be landed at the port of embarkation or at
any port or place at which the Vessel may call, at which time the
responsibility of Carnival shall cease and this contract shall be deemed
to have been fully performed, or if the Guest has not embarked, Carnival
may cancel the proposed voyage without liability to refund passage money
or fares paid in advance.
19.
Carnival and the Master shall have liberty to comply with any orders,
recommendations or directions whatsoever given by the Government or
Department of any nation or by any person acting or purporting to act
with the authority of such Government or Department or by any Committee
or person having under the terms of the War Risks Insurance on the
Vessel the right to give such orders, recommendations or directions, and
if by reason of, and in compliance with any such orders, recommendations
or directions anything is done or is not done the same shall not be
deemed a deviation or a breach of this contract. Disembarkation of any
Guest or discharge of baggage in accordance with such orders,
recommendations or directions shall constitute due and proper
fulfillment of the obligation of Carnival under this Contract
20.
Carnival and the Vessel shall have a lien upon all baggage, money and
other property whatsoever accompanying the Guest and the right to sell
the same by public auction or otherwise for all sums whatsoever due from
the Guest under this contract and for the costs and expenses of
enforcing such lien and such sale.
21.Carnival
and/or its promotional partners have the exclusive right to include
photographic, video and other visual portrayals of Guest in any medium
of any nature whatsoever for the purpose of trade, advertising, sales,
publicity or otherwise, without compensation to Guest, and all rights,
title and interest therein (including all worldwide copyrights therein)
shall be Carnival's sole property, free from any claims by Guest or any
person deriving any rights or interest from Guest.
22. This
contract constitutes the entire agreement between Carnival and Guest and
supercedes all other agreements, oral or written. Any alteration to any
term of this contract must be in writing and signed by Carnival. Should
any provision of this contract be contrary to or invalid by virtue of
the law of the jurisdiction in which this contract is sought to be
enforced or be so held by a court of competent jurisdiction, such
provision(s) shall be deemed to be severed from the Contract and of no
effect and all remaining provisions herein shall be in full force and
effect and constitute the Contract of Carriage.
23. Guest
hereby expressly agrees that he/she will not utilize any tape recording,
video, or photograph(s) of himself/herself, any other guest, crew, or
third party on board the vessel, or depicting the vessel, its design,
equipment, or any part thereof whatsoever, for any commercial purpose or
in any media broadcast, or for any other non?private use, without the
express written consent of Carnival. Guest acknowledges that by boarding
the vessel, at any time, Guest irrevocably agrees to this provision,
which is a condition precedent to being permitted on board the vessel
and can be enforced by any legal means, including, but not limited to,
injunctive relief.
24. If
guest is denied boarding, confined to a stateroom or disembarked from
the vessel pursuant to any provision of this contract, including but not
limited to paragraphs 2(c), 2(f), 6(b), 6(c), 6(d), 10(a), guest agrees:
a.
Carnival will not be liable for any refund of Cruise Fare , other
compensation or any damages
b.All
rights under Carnival's Vacation Guarantee are forfeited. This
forfeiture also applies to any guest who disembarks because another
guest is disembarked.
c. Disembarkation and repatriation to the embarkation port or any other
destination will be at guest's sole expense.
d. 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 disembar kation and/or repatriation.
25.Guest
agrees if Carnival incurs any expense or sustains any damage as
delineated but not limited to paragraphs 2(a), 2(e),10(b), 11, 12 that
Carnival may charge Guest's on-board charge account for any expense
incurred or damage sustained.
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