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CRUISE PASSAGE
IMPORTANT NOTICE TO PASSENGERS: PLEASE CAREFULLY READ THE FOLLOWING
PASSAGE CONTRACT TERMS WHICH GOVERN ALL DEALINGS BETWEEN YOU AND THE
CARRIER, AFFECT YOUR LEGAL RIGHTS AND ARE BINDING ON YOU TO THE FULL
EXTENT PERMITTED BY LAW, PARTICULARLY SECTION 14 GOVERNING THE PROVISION
OF MEDICAL AND OTHER PERSONAL SERVICES AND SECTIONS 15 THROUGH 18 LIMITING
CARRIER’S LIABILITY AND YOUR RIGHTS TO SUE.
Upon receipt of the Cruise Fare, Carrier accepts the Passenger(s) named
on the Passage Ticket for the Cruise, subject to terms of this Passage
Contract.
“Carrier” means [Emeraude Classic Cruises]_and shall include its directors,
officers, employees and agents.
“Cruise” means the voyage from the port of embarkation to the port of
disembarkation and also includes any activities, shore excursions, tours,
or shore side facilities related to or offered during the Cruise.
“Cruise Fare” means the amount payable by You to Carrier for Your Cruise,
excluding commissions and/or discounts. It covers the cruise package,
scheduled meals and accommodations while on board and shall include
any increases in government fees and taxes or other costs which Carrier
may add to Your Cruise Fare and charge to your cabin account and/or
credit card.
“Passage Ticket” means the cruise confirmation via e-mail, fax or in other written
forms issued in the name of the Passenger(s) before or after payment of the Cruise Faire..
“You,” “Your” and “Passenger(s)” mean the person(s) purchasing or accepting
this Passage Ticket and Contract or anyone who uses it and persons in
their care, including any minor, and their heirs, relatives and personal
representatives. Passenger represents that he or she is authorized to
accept and agree to all the terms and conditions of the Passage Contract.
“Government Fees and Taxes” may include any and all fees,
charges and taxes imposed by the Socialist Republic of Vietnam.
2. PASSENGER'S OBLIGATIONS
(a) Before You board the ship, You shall:
(i) Pay Your Cruise Fare;
(ii) Bring all necessary travel documents such as passports and visas.
All passengers are advised to check with their travel agent or the appropriate
government authority to determine the necessary documents. Passengers
shall be subject to any fine or other costs incurred by Carrier, which
result from improper documentation or noncompliance with applicable
local regulations, which amount may be charged to Your cabin account
and/or credit card;
(iii) Arrive at least thirty (30) minutes before the scheduled sailing
time. Attach a completed Emeraude Classic Cruises luggage tag to each
piece of baggage; and
(iv) Be sure that You and any person in Your care are fit to take the
Cruise.
(See Section 9).
(b) Prior to disembarking the ship, you shall have paid in full all
amounts charged to your cabin account. Carrier shall not be liable for
loss, damage or delay resulting from Your failure to comply with these
requirements.
3. NOTICE CONCERNING SAFETY AND SECURITY
Carrier and the ship’s captain have the right, at their full discretion,
to prohibit items from being brought on board that may pose a safety
hazard. These include, but are not limited to utensils, tools and certain
types of sporting equipment that may be used as a weapon, such as firearms,
flammable substances (except for limited quantities of personal care
toiletries), explosives, irons, heating devices, candles, certain types
of recreational wheeled transportation devices or any other item that
security personnel may identify as a potential threat to safety.
4. RIGHT TO REFUSE PASSAGE
You will not be allowed to board the ship or be entitled to a refund
if You do not have proper documentation. Carrier may refuse to embark
You if, in Carrier’s sole opinion, You are unfit for any reason or You
will enter the third trimester of pregnancy by the end of the Cruise.
If Carrier refuses to allow You on board for any of these reasons, any
refund of the Cruise Fare will be made based on the time at which such
refusal is exercised in accordance with Section 6 herein and Carrier
shall have no further liability. If You become unfit to travel for any
reason during the Cruise and/or disembark early, Carrier shall not be
liable for any refund or damages.
5. AGE REQUIREMENTS; DRINKING AGE; GAMING; ALCOHOLIC BEVERAGES.
The minimum passenger age is 6 months. Passengers under the age of 18
years shall be accompanied by a Passenger over the age of 18. The purchase
or consuming of any alcohol by any Passengers under the age of 18 is
strictly prohibited. No Passenger shall be permitted to engage in any
gaming activities on board the ship.
Except for wine and champagne, Passengers shall not be entitled to bring
alcoholic beverages of any kind on board for personal consumption. A
corkage fee of $15.00 per bottle will be applied to wine and champagne
consumed in the ship’s restaurant.
6. CANCELLATION, REFUND AND YOUR TRAVEL AGENT
You are not entitled to any refund except as otherwise provided in this
Section. Any refunds will be made directly to Your credit card account
or Your travel agent and You must receive Your refund directly from
these sources. You may cancel by telephone or electronic advice via
a Carrier-approved Computer Reservation System, provided Carrier immediately
receives written confirmation of cancellation. The following cancellation
policy applies with respect to Your Cruise Fare:
CANCELLATION FEE SCHEDULE
Any change/ amendment of existing booking will be considered as cancellation
and a new booking will be made. Penalty will apply accordingly based
on value of each cancelled cabin.
| Days prior to Cruise |
Full Charter |
Group more than 30 persons |
Group more than 10 persons |
Group less than 10 persons |
| Cancellation upon confirmation |
75% of deposit |
50% of deposit |
30% of deposit |
0% |
| 61 to 90 days |
30% |
Loss of deposit |
50% of deposit |
| 31 to 60 days |
75% |
30% |
Loss of deposit |
| 16 to 30 days |
90% |
50% |
30% |
| 04 to 15 days |
100% |
90% |
75% |
50% |
| 03 days and below |
100% |
100% |
100% |
Provided, however, that in the event a lower cancellation fee is applicable
to Your Cruise as stated in the relevant brochure, such lower cancellation
fee will apply. Your travel agent acts for You in making the arrangements
for Your Cruise and any related travel, lodging and tours. Carrier is
not responsible for any representation or conduct of Your travel agent,
including, but not limited to, any failure to remit Your deposit or
other funds to Carrier, for which You shall at all times remain liable
to Carrier, or any failure to remit a refund from Carrier to You. Except
for the provisions in these terms and conditions, no compensation or
credit shall be provided by Carrier should You have to cancel or cut
short Your Cruise.
7. RIGHT TO CANCEL, CHANGE TIME OF SAILING OR PORT, SHORTEN THE CRUISE;
SUBSTITUTION
Carrier may, at any time, without notice or liability for payment or
compensation, cancel the Cruise, change the date or time of sailing
or arrival, change the port of embarkation or disembarkation, shorten
the Cruise or substitute ships, other transportation or lodging. Passenger
shall have no claim against Carrier, and Carrier shall not be liable
(whether for damages or a refund) for hotel or meal charges, travel
expenses or other loss, delay, inconvenience, disappointment or expense
whatsoever in such circumstances, except as follows: (a) If Carrier
cancels the Cruise one [01] day before it was to start, it shall refund
the Cruise Fare (less any accommodation charges incurred); (b) If the
sailing is delayed and You are not accommodated on board the ship, Carrier
may arrange accommodations and food at no additional expense to You;
(c) If the scheduled port of embarkation or disembarkation is changed,
Carrier will arrange transportation to it from the originally scheduled
port; and (d) If the Cruise is terminated or ends earlier than scheduled,
Carrier, at its option, may issue a cruise credit, make a proportionate
refund of Your Cruise Fare or transfer You to another ship or transport
You to the scheduled final port at its cost and expense.
8. RIGHT TO DEVIATE FROM ROUTE AND CHANGE OR OMIT PORTS OF CALL
Carrier may, for any reason and at its discretion, without notice or
liability for payment or compensation: (a) deviate from the scheduled
ports of call, route and timetable; (b) call or omit to call at any
port or place as planned; (c) affect the cruise in any manner in order
to comply with all governmental laws and orders given by the local governmental
authorities; (d) proceed without pilots, tow or be towed and assist
vessels; or (e) render assistance to preserve life and property. Accordingly,
You shall not make any important arrangements or meetings based on the
proposed itinerary of the Cruise, which may change without liability
to Carrier.
9. YOUR RESPONSIBILITY TO INFORM CARRIER OF DISABILITIES OR PREGNANCY
You shall, at the time You book Your Cruise, inform Carrier in writing
of any existing medical, physical or mental illness, disability or any
other condition for which You or any other person in Your care may require
medical attention or special accommodation during the Cruise or for
which the use of a wheelchair or service animal is contemplated or necessary.
If any such condition arises after You have booked the Cruise, You must
report the condition to Carrier as soon as You become aware of it. Failure
to report any such condition shall release Carrier, the ship’s captain
and all other personnel from any liability related to the accommodation
or treatment of such condition or for any other conduct whatsoever in
connection therewith. Carrier may refuse to embark You and any other
person in Your care that may require medical attention or special accommodation
during the Cruise, as set forth in Section 4.
10. RIGHT TO CONFINE YOU TO CABIN, REFUSE TO EMBARK YOU, OR DISEMBARK
YOU
Carrier or ship’s captain may, without liability for refund or damages,
confine You to Your cabin, change Your accommodations, refuse to embark
You, or disembark You at any time if, in the opinion of Carrier, the
Captain, or the Doctor, Your presence might be detrimental to Your health,
comfort or safety or that of other Passengers or the crew. If You are
delayed or detained on board the ship or elsewhere, due to injury, illness
or disability or due to action of any government or authority, or for
any other reason out of the control or not the fault of Carrier, You
shall reimburse Carrier for all resulting costs and expenses including
food, transportation, accommodation and repatriation.
11. UNAUTHORIZED STOPOVER OR DISEMBARKATION
Unauthorized stopover or disembarkation or failure to make any sailing
of the ship at any port shall be at Your sole risk and expense and You
shall not be entitled to any refund or other compensation.
12. NO ANIMALS
No pets or other animals are allowed on the ship at any time, except
for certain necessary service animals of a disabled Passenger, for which
prior written approval of the Carrier shall be required.
13. RESPONSIBILITY TO COMPLY WITH LAW AND REGULATIONS OF SHIP; NO SOLICITATION
You shall be responsible for complying with the requirements of all
immigration, port, health, customs and police authorities, and all other
laws and regulations and You agree to reimburse Carrier for any expenses
or fines that it may incur as a result of Your noncompliance. You must
at all times obey all the rules, regulations and orders of the ship,
Carrier and the Captain. You shall not solicit other Passengers for
commercial purposes or advertise goods or services on board the ship
without Carrier’s prior written permission.
14. HEALTH, MEDICAL CARE AND OTHER PERSONAL SERVICES
All health, medical or other personal services provided in connection
with Your Cruise are provided solely for the convenience and benefit
of Passengers who may be charged for such services. You accept and use
medicine, medical treatment and other personal services available on
the ship or elsewhere at Your sole risk and expense without liability
or responsibility of Carrier. Doctors, nurses or other medical or service
personnel who work directly for Passenger shall not be considered to
be acting under the control or supervision of Carrier, since Carrier
is not a medical provider. Similarly, beauticians, masseurs, photographers,
instructors and other service personnel shall be considered independent
contractors who work directly for the Passengers. Carrier recommends
that You obtain Your own insurance protection against loss or damage
to baggage and personal effects, trip cancellation and emergency evacuations,
accidental death or injury, illness and medical expenses sustained or
incurred in connection with your cruise.
15. BAGGAGE AND PERSONAL EFFECTS; LIABILITY LIMITATIONS
You may take a reasonable amount of luggage on board containing only
Your personal effects, but may not carry any bulky items. The terms
and conditions of other transportation provider also apply. You may
not take on board firearms, controlled or prohibited substances, inflammable
or hazardous items, or any contraband prohibited by applicable law.
The ship’s officers and law enforcement authorities have the right to
enter and search Your cabin and baggage for any hazardous, controlled
or prohibited substances or contraband. Carrier’s liability for loss
or damage to baggage or personal property is limited to U.S. $250 per
Passenger or up to U.S. $1,500 if covered under Carrier’s Insurance
policy. Carrier shall not be liable for any loss of or damage to cash,
documents representing money , jewelry, objects of precious nature,
electronics, cameras, binoculars, dental hardware, eyeglasses, documents
or any other personal property. You may use the safe at the Purser’s
desk.
16. LIMITATIONS ON CARRIER'S LIABILITY; INDEMNIFICATION
Carrier shall not liable for death, injury, illness, damage, delay or
other loss to person or property of any kind caused by an Act of God,
war, civil commotions, labor trouble, terrorism, governmental interference,
perils of the sea, fire, thefts, or any other cause beyond Carrier’s
reasonable control, or any other act not shown to be caused by Carrier’s
negligence. Carrier hereby disclaims all liability to the passenger
for damages for emotional distress, mental anguish or psychological
injury of any kind under any circumstances, when such damages were neither
the result of a physical injury to the Passenger, nor the result of
that Passenger having been at actual risk of physical injury, nor intentionally
inflicted by Carrier. Pre and post cruise tours, shore excursions and
any/all connecting ground, vessel or air transportation and other tours
may be owned and/or operated by independent contractors and Carrier
makes no representations and assumes no responsibility therefore. If
You take part in organized activities, whether on the ship or as part
of a shore excursion, You assume the risk of injury, death, illness
or other loss and Carrier is not liable or responsible for it. Each
Passenger agrees to indemnify Carrier for any damages, liabilities,
losses, penalties, fines, charges or expenses incurred or imposed upon
Carrier as a result of any act, omission or violation of law by the
Passenger or any minor Passenger for whom the Passenger is responsible.
Moreover, the Carrier shall not be held liable for any and all indirect
or consequential damages, including but not limited to damages to personal
image or reputation, loss of business, profit or opportunity, as well
as any other damages of similar nature, sustained by the use of, as
a result of or in connection with the taking of the Cruise, whether
in contract, tort or otherwise.
17. NOTICE OF CLAIMS AND SUITS; TIME LIMITATION; VENUE
Notwithstanding any provision of applicable law to the contrary, in
cases involving claims for bodily injury, illness to or death of any
Passenger, no lawsuit may be brought against Carrier unless (a) written
notice giving full particulars of the claim is delivered to Carrier
within 6 months, (b) a lawsuit on such a claim is filed within 1 year
from the date of the bodily injury, illness or death, whichever comes
first, and (c) valid service of the lawsuit is made within 90 days of
filing the complaint. In all other cases, no lawsuit may be brought
against Carrier unless (a) written notice giving full particulars of
the claim is delivered to the Carrier within 15 days of termination
of the Cruise, (b) the lawsuit on such claim is filed within 6 months
from the date the Cruise terminated and (c) valid service of the lawsuit
is made within 90 days of filing the complaint. All disputes and matters
whatsoever arising out of or relating to Your Cruise, including for
personal injury, illness or death, shall be litigated by You individually,
and not as a member of any class. If you choose to sue Emeraude Classic
Cruises, then such claim must be litigated by You before a court located
in Hanoi, Socialist Republic of Vietnam, to the exclusion of the courts
of any other country, state, city or county. You hereby waive any venue
or other objection that may be available to any such action or proceeding
being brought in any court located in Hanoi, Socialist Republic of Vietnam.
The limitations set forth in this Section 17 shall also apply to and
be for the benefit of any agents, independent contractors, concessionaires
and suppliers of Carrier.
18. CARRIER IS AGENT ONLY FOR OTHER TRANSPORTATION, EXCURSIONS AND SHORESIDE
SERVICES.
In selling tickets (including coupons or vouchers) or otherwise making
arrangements for air, land or local water transportation, or shore excursions,
tours or shore side accommodations and meals, Carrier acts only as an
agent for other service companies who provide such services as independent
contractors. You agree that Carrier shall not be liable in any way for,
and You hereby release Carrier from, any loss, death, injury, delay,
or damage to person or property or disappointment arising from or in
connection with such services. Any liability for such services will
be governed by the terms and conditions of the passage contract and
the other contracts and/or tariffs between You and such service companies.
A service company shall have the benefit of every defense to which Carrier
is entitled under this Passage Contract.
19. USE OF LIKENESS
Carrier has the exclusive right to use video and other visual/audio
portrayals of You or Your likeness taken during your cruise in any medium
of any nature whatsoever for any purpose, including advertising or promoting
the services of Carrier without any compensation being paid to You.
Any such portrayal or likeness shall be the exclusive property of Carrier.
20. MISCELLANEOUS
Nothing contained in this Passage Contract shall limit or deprive Carrier
of the benefit of the applicable statutes or laws of the Socialist Republic
of Vietnam or any other country or any international conventions providing
for release from or limitation of liability. This Passage Contract constitutes
the entire understanding and agreement between You and Carrier and supersedes
any prior oral, or implied or other agreements between You and Carrier
and this Passage Contract can only be modified by a writing signed by
Carrier. You may not sell, assign or transfer the Passage Ticket, and
no other person may use the Passage Ticket. Any portion or provision
of this Passage Contract, which is invalid, illegal or unenforceable,
shall be ineffective only to the extent of such invalidity, illegality
or unenforceability without affecting in any way the remaining provisions
of the Passage Contract which shall remain in full force and effect.
EMERAUDE CLASSIC CRUISES
As Operator and Agent for Operator
Revised 04/07
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