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Conditions

TERMS AND CONDITIONS OF PASSAGE CONTRACT

 

The terms and conditions printed here are incorporated into and form part of the passage contract ticket (the "Ticket") between all passengers named hereon (the "Passenger") and Balearia Caribbean Ltd., Corp. (the "Carrier"), and the vessel indicated on the first page hereof ( the "Vessel").  By accepting the Ticket, the Passenger agrees to the terms contained herein, especialy those limiting the time, manner and place in which to assert claims or file suit.

In consideration of the fare indicated on the first page, Carrier agrees by issuing the Ticket to transport the person(s) named on the Ticket ("the Passenger") on the specific Voyage ("the Voyage") on named or substitute vessels subject to the Terms & Conditions set forth herein, and all rules and regulations of Carrier posted in the Terminal, on board the Vessel or otherwise advised by Carrier to Passenger.  Passenger agrees to be bound by all its terms, conditions and limitations.

 

1.         Limited Liability of Carrier.  Carrier is not liable for death, injury (including mental anguish), illness, damage, delay or other loss to person or property of any kind caused by act of God, war, civil commotions, labor trouble, governmental interference, perils of the sea, fire, thefts or other cause beyond  Carrier's reasonable control or any other act not shown to be caused by Carrier's negligence.   Per U.S. law at 46 U.S. Code Section 30509, Carrier is not liable for emotional distress, mental suffering, or psychological injury unless such is: (A) the result of physical injury to the claimant caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; (B) the result of the claimant having been at actual risk of physical injury, and the risk was caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; or (C) intentionally inflicted by a crewmember or the owner, master, manager, agent, or operator.  Carrier shall in no event be liable to the Passenger in respect of occurrences taking place outside the Vessel or property.  CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE "CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA" OF 1974 AS WELL AS THE "PROTOCOL TO THE CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA" OF 1976 ("ATHENS CONVENTION") which limits the liability of Carrier, if any, for loss, damage, death, personal injury or illness to Standard Drawing Rights (SDR) 46,666 as defined therein.  If the Athens Convention is held not to apply as a matter of law, Passenger agrees to be bound, as a matter of contract, by the Athens Convention as it has been amended by the Protocol dated March 29, 1990 ("Protocol").  As amended by the Protocol, the Athens Convention limits the liability of Carrier, if any, for loss, damage, death, personal injury or illness to 175,000 units of account per carriage as defined in the Protocol.  (A summary of the Athens Convention and Protocol is available for your review upon request to Carrier's offices or its representative at each boarding area.)  If the Athens Convention is held not to apply, as a matter of law or of contract, for any reason, then the exemptions and limitations of liability provided in or authorized by the laws of the United States (including Title 46 U.S. Code Sections 30501-30502, 30504-30507 and 30511-30512) may apply, as well as any other applicable nation's laws limiting Carrier's liability.

 

2.         Time Limitations: Notice of Claim and Time to Sue.  ANY ACCIDENT OR INCIDENT THAT RESULTS IN INJURY OR DEATH TO A PASSENGER MUST BE REPORTED IMMEDIATELY TO A SHIP'S OFFICER.  CARRIER IS NOT LIABLE FOR ANY CLAIM FOR LOSS OF LIFE OR BODILY INJURY UNLESS WRITTEN NOTICE IS GIVEN WITHIN SIX (6) MONTHS FROM THE DAY WHEN THE LOSS OF LIFE OR INJURY OCCURRED IN RESPECT OF ANY CLAIM WHERE 46 U.S. CODE SECTION 30508 SHALL APPLY.  CARRIER IS NOT LIABLE FOR ANY CLAIM FOR LOSS OF OR DAMAGE TO BAGGAGE, VALUABLES OR PERSONAL BELONGINGS UNLESS WRITTEN NOTICE GIVING FULL PARTICULARS OF THE CLAIM IS DELIVERED TO CARRIER AT ITS OFFICES ON THE DAY OF DISEMBARKATION, OR WITHIN FIFTEEN (15) DAYS OF DISEMBARKACTION IN THE EVENT THE LOSS OR DAMAGE IS NOT APPARENT.  CARRIER SHALL NOT BE LIABLE FOR LOSS OF OR DAMAGE TO BAGGAGE, VALUABLES OR PERSONAL BELONGINGS UNLESS AT THE TIME THE PASSENGER REPORTS IT, CARRIER IS ALLOWED TO ASCERTAIN THE EXTENT OF THE LOSS OR DAMAGE.  CARRIER IS NOT LIABLE FOR ANY OTHER CLAIM NOT INCLUDED IN THIS PARAGRAPH 2, INCLUDING BREACH OF CONTRACT, UNLESS WRITTEN NOTICE IS GIVEN AT THE BELOW ADDRESS WITHIN FORTY (40) DAYS AFTER PASSENGER DISEMBARKATION.  WRITTEN NOTICE AS REQUIRED HEREIN SHALL BE GIVEN TO CARRIER AT  BALEARIA CARIBBEAN LTD. TERMINAL 1, PORT EVERGLADES, FORT LAUDERDALE, FLORIDA 33316 USA.

TIME LIMIT ON SUITS.  SUIT TO RECOVER ANY CLAIM AGAINST CARRIER FOR LOSS OF LIFE OR BODILY INJURY WHERE 46 U.S. CODE SECTION 30508 SHALL APPLY SHALL BE INSTITUTED, IF AT ALL, WITHIN ONE (1) YEAR FROM THE DATE WHEN THE LOSS OF LIFE OR BODILY INJURY OCCURRED.  SUIT TO RECOVER ON ALL OTHER CLAIMS, INCLUDING BREACH OF CONTACT, SHALL BE INSTITUTED WITHIN SIX (6) MONTHS FROM THE PASSENGER'S DISEMBARKATION.

FORUM SELECTION AND TRIAL.  REGARDLESS OF THE PLACE OF TICKET SALE OR PASSENGER'S RESIDENCE, ANY DISPUTE OR MATTER, ARISING OUT OF OR RELATING TO YOUR PASSAGE, INCLUDING BUT NOT LIMITED TO SUITS FOR BODILY INJURY OR DEATH, IF FILED, MUST BE BROUGHT AND LITIGATED, IF AT ALL, BEFORE THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO THE EXCLUSION OF ANY OTHER COURT IN ANY OTHER CITY, STATE OR COUNTRY.  PASSENGER AGREES NOT TO ASSERT ANY MOTION ALLEGING INCONVENIENT FORUM.  ANY DISPUTES SHALL BE TRIED BEFORE A JUDGE WITHOUT A JURY AS AN ADMIRALTY CLAIM PURSUANT TO RULE 9H OF THE FEDERAL RULES OF CIVIL PROCEDURE.

APPLICABLE LAW.  THIS TICKET CONTRACT SHALL BE INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE NATION OF THE VESSEL'S REGISTRY, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES THEREOF, SUBJECT TO GENERAL MARITIME LAWS OF THE UNITED STATES.

Failure to notify Carrier or make a claim or file suit as provided in this contract shall bar all suits, actions and claims no matter by whom instituted or made. These limitations shall be applicable although Carrier may be a non-resident or foreign corporation, and even though the Vessel may be registered under a foreign flag.  These limitations shall be applicable both to suits brought in person against Carrier or in rem against the Vessel.

3.         Nonperformance or Delay.  Carrier may elect not to sail or to return to port at any time without liability.  The ticket price shall be fully earned once the passenger embarks at the pier.  Passengers shall be entitled to free passage on a later sailing in the event the Vessel does not arrive at their destination port, but the full fare shall be earned upon departure from the embarkation port regardless of diversion, delay or cancellation.  Carrier's maximum liability upon voyage cancellation by Carrier shall be refund of the fare paid.

4.         Documents, Health, Conduct and Search.  (A) Passenger represents and warrants that Passenger has all valid and necessary travel documents, is fit to travel, and that Passenger's conduct will not impair the safety of the Vessel or Passenger or inconvenience other passengers.  Passenger acknowledges that a sea voyage involves certain risks, including possible motion sickness and delay/impossibility of emergency medical evacuation.  Carrier must be advised in respect to all persons with severe disabilities who seek to be Passengers.  Such persons acknowledge that applicable safety requirements may cause difficulty for severely impaired persons.  Subject to applicable law, Carrier or the Master may, in their sole discretion, refuse boarding to persons whose conditions may cause undue risk to themselves, other persons or the Vessel.  Advanced pregnancy shall be regarded as physical disability and prior to boarding, expectant mothers or a traveling companion must upon request advise Carrier of their condition and provide a medical certificate establishing fitness to travel.  Carrier, at its discretion and at any time, may refuse to transport or may land any Passenger at any port or place, or transfer the Passenger to other means of transportation, because of Passenger’s health or physical condition, because of lack of proper documents, or conduct or circumstances inconveniencing other passengers, crew or the Vessel.  (B)  Every adult Passenger traveling with any minor passenger (under 18) shall be responsible for the conduct of the minor and deemed to be guardian of such minor for legal purposes and liable to Carrier for any act or omission of the minor.  (C)  Unaccompanied minors must be identified to Carrier at the time of booking and expressly accepted by Carrier and in any event are subject to all terms contained in this Ticket which shall apply between the parent or guardian of the minor, and Carrier, and Carrier may charge an extra fare for same.  (D)  Passenger agrees to abide by all Carrier's posted rules and regulations and all orders and directions of the Vessel's officers, or government or port officials.  (E)  Passenger agrees and hereby consents to removal or destruction of any object which may, in the opinion of Carrier, impair safety, constitute a violation of law, or inconvenience other passengers, crew or the Vessel.  (F)  Reasonable expenses of any kind, including fines, duties or other charges, attributable to Passenger's failure to comply with Carrier regulations or any governmental authority shall be paid to Carrier by Passenger upon demand.  (G) Carrier shall have no obligation or liability of any kind to Passenger in respect to any action taken by Carrier in good faith under this contract, or for acts of authorities.  (H) All Passengers shall have and present upon request, proof of citizenship status and required visas upon boarding and at all times thereafter.  (I) Passengers may not consume alcoholic beverages brought on board by Passenger, and Carrier and/or concessionaires may refuse alcoholic beverage service to any Passenger in their discretion.

5.         Notices and Payment to Agents.  Where Passenger books the trip through a travel agent or other intermediary (the "Agent"), Passenger agrees the Agent is the agent of Passenger, and not Carrier, and Carrier may give all notices to Agent.  This Ticket shall not be considered prepaid unless the payment tendered by Passenger has been received and cleared by Carrier.  Passenger remains liable for payment of the passage fare and notwithstanding Passenger's payment to Agent, Carrier may refuse passage.

6.         Fare; Items Not included; Refunds.  Fare includes passage only, excluding any meals, beverages (alcoholic or non-alcoholic), medical or evacuation expenses, independent contractor or concessionaire goods or services, shore excursions or transportation, gratuities, fees, charges or tax.  Any credit card used for payment must be presented and valid at check-in.  Carrier may refuse passage to any Passenger not fully paid prior to departure.  Passengers with pre-paid tickets may obtain a refund, less a charge of: ten percent (10%) upon cancellation seven (7) days prior to scheduled departure, or twenty percent (20%) upon cancellation within (48) forty-eight hours of scheduled departure, but no refund is allowed except in discretion of Carrier for cancellation less than two (2) hours before scheduled departure or upon Carrier's refusal to board Passenger for lack of documentation or any other reason set forth herein.  Carrier may collect a surcharge in addition to the fare to reflect increases in port taxes, wharfage, service charges, taxes, user fees or other impositions paid by Carrier.

7.         Independent Contractors, Occurrences Not Aboard the Vessel, Tours, Etc.  Carrier shall have no obligation or liability of any kind to Passenger for acts or omissions in connection with or arising from products or services provided by independent contractors or concessionaires.  Independent contractors' products or services include:  (A) services or products available for Passenger's convenience on board the Vessel or furnished by any medical staff, barber, hairdresser, manicurist, photographer, entertainer, casino, instructor, shopkeeper or other concessionaire; and (B) services, products or transportation elsewhere than aboard the Vessel which are furnished in connection with use of terminals, tours, package vacations, excursions, shore trips, hotels, tender service, transhipment, transportation by others, whether by vessel or by air, rail, or land, or the physical condition, safety, health conditions, or political circumstances of the ports of call and including criminal acts and acts of terrorism wherever occurring.  If Carrier arranges any activity or tour off the vessel, Carrier acts solely as agent for Passenger. 

8.         General Requirements for Baggage.  (A) Two pieces of hand luggage is permitted for use during the passage/cruise free of charges. The passengers must be able to carry their own luggage in one trip to the vessel.  (B)Carrier reserves the right to charge for pieces in excess of two and for baggage weighing more than 45 pounds regardless of the number of pieces.  Luggage may contain only personal effects of the passenger.  (C) Passengers must comply with any applicable laws, regulations, tariffs, terms or conditions of the port or any third party service provider.  Passengers may not take on board firearms, weapons, controlled or prohibited substances, or inflammable or hazardous items, or any contraband prohibited by local, state or national law or noxious or offensive items or apparel, and Passengers shall indemnify Carrier for any damage or costs caused thereby.  (D) Vessel's officers and crew have the right to enter and search cabins, baggage or vehicles for any hazardous, controlled or prohibited substances.  Carrier is not responsible for delay, detention, confiscation, damage or destruction of baggage or possessions by authorities, or for theft or loss of goods.  (E) Except for guide dogs for sight-impaired Passengers with required documentation in approved travel carriers, animals shall not be brought aboard the Vessel.  (F) All baggage must be securely packed and distinctly labeled with Passenger's full name and address.  Baggage not claimed upon arrival of the Vessel will be stored at Passenger's risk and expense, and shall be deemed abandoned if not claimed in ten (10) days.  (G) PASSENGER AGREES THAT CARRIER'S LIABILITY FOR LOSS OR DAMAGE TO BAGGAGE, VALUABLES OR PERSONAL PROPERTY, INCLUDING VEHICLE, IS LIMITED UNDER ALL CIRCUMSTANCES TO TWO HUNDRED FIFTY DOLLARS (US$250) PER PASSENGER.  (H) Carrier shall not be liable for any loss of or damage to money, jewelry, cameras, electronics, documents or any other personal property which Passenger retains in Passenger's personal control.   Valuables and other goods may be carried but are solely at the risk of Passenger.  Items of high intrinsic value can be guard by the Capitan of the vessel, Carrier shall have no obligation in respect to the loss or damage to such property.  (I) These limitations may only be waived by Carrier in writing addressed to Passenger in exchange for an additional fee.  Passengers are advised of availability of travel insurance to cover cancellation or disruption of the voyage and protection of valuables.

9.         Acts of God, Strikes or Other Conditions Beyond Control.  Carrier shall not be liable for delay or inability to perform, or other claim caused by or arising out of strike, lockout or labor difficulties whether or not Carrier is party thereto, or caused by or arising out of explosion, fire, collision, stranding or loss of the Vessel, or breakdown or damage to the Vessel or her machinery howsoever and wheresoever any of the same may arise or be caused, or civil commotion, riot, insurrection, war, acts or threatened acts of terrorism, government orders, requisition of the Vessel, inability to secure or failure of supplies including fuel, act of God, adverse weather, storm, ice or other circumstances beyond Carrier's control.  In no event shall Carrier be responsible for consequential or punitive damages, lost profits or revenues.

10.       Change or Substitution.  Carrier may substitute another vessel for the Vessel whether or not operated by the same Carrier, and as a consequence, such vessel may call at ports other than those scheduled, or omit or change ports or advance or delay the date and hour of embarkation or debarkation without obligation or liability of any kind to Passenger.

11.       Passage Contract Constitutes Entire Agreement.  All prior understanding and agreements heretofore entered into between Passenger and Carrier, whether written or oral, and including material published by Carrier or others are superseded by and merged in this Ticket Contract, which alone completely expresses the agreement between Passenger and Carrier.  This contract is deemed to be created on the date the booking is made by or on behalf of the Passenger but in all events not later than the date this Ticket is issued by Carrier.  This Ticket is valid only for the date shown, and is non-transferable.  No person other than a Director of Carrier may waive or amend any provision of this Ticket Contract, and no waiver or amendment shall be effective unless in writing and signed.

12.       Extension of Benefits of Ticket.      All affiliates of Carrier employees, agents, subcontractors, concessionaires and insurers of Carrier shall have the benefit of the same rights, defenses, immunities and limitations available to Carrier set forth in this Ticket.