TERMS AND CONDITIONS OF PASSAGE
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.
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.
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.
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
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.
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.