Published 083123
VJAN2023
Cruise/Cruisetour Ticket Contract
IMPORTANT NOTICE TO GUESTS
YOUR CRUISE/CRUISETOUR TICKET CONTRACT CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF PASSENGERS. IT
IS IMPORTANT THAT YOU CAREFULLY READ ALL TERMS OF THIS CONTRACT.
YOU ARE ESPECIALLY DIRECTED TO CAREFULLY READ AND UNDERSTAND SECTIONS 3, AND 10 THROUGH 12, AS THEY
CONTAIN SIGNIFICANT LIMITATIONS ON YOUR RIGHTS TO ASSERT CLAIMS FOR PERSONAL INJURIES, ILLNESS OR DEATH,
AND BAGGAGE AND PERSONAL PROPERTY LOSS OR DAMAGE, AGAINST CARRIER, THE VESSEL, RELATED ENTITIES AND
THEIR OFFICERS, AGENTS AND EMPLOYEES, INCLUDING TIME LIMITS AND FORUM FOR CLAIMS AND SUITS, APPLICABLE
LAW, ARBITRATION, AND WAIVER OF JURY TRIAL, CLASS ACTIONS AND IN REM PROCEEDINGS. PASSENGER IS FURTHER
DIRECTED TO PAY CLOSE ATTENTION TO SECTION 4 AND THE INFORMATION AVAILABLE AT WWW.AZAMARA.COM WHICH
CONTAIN IMPORTANT TERMS, CONDITIONS, POLICIES, PROCEDURES AND REQUIREMENTS RELATED TO COVID-19.
- INTRODUCTION:
This Cruise/CruiseTour Ticket Contract (the “Ticket Contract”) describes the terms and conditions that will apply to the
relationship between the Passenger (as defined in Section 2.g below) and the Carrier (as defined in Section 2.b below) for
the Vessel with respect to the Cruise or CruiseTour covered by this Agreement. Except as otherwise expressly provided
herein, this Agreement supersedes any other written or oral representations or agreements relating to the subject matter
of this Agreement or the Cruise or the CruiseTour but excluding the terms of the Cruise Lines International Association
(“CLIA”) Passenger Bill of Rights that the Vessel’s Operator has adopted as a requirement of being a member of CLIA. In
the event of a direct conflict between a provision of this Ticket Contract and a provision of the CLIA Passenger Bill of Rights
in effect at the time of booking (the “CLIA Passenger Bill of Rights”), the CLIA Passenger Bill of Rights controls. In addition,
Carrier’s policies and procedures relating to COVID -19 (“COVID-19 Policies and Procedures”) are described generally in
Section 4 and elsewhere herein. Carrier reserves the right to change or modify these policies as required by governmental
agencies and health authorities in the U.S. and the destinations visited. Carrier’s COVID-19 Policies and Procedures will be
updated as needed and are available at www.azamara.com. In the event of any conflict between the COVID-19 Policies
and Procedures described herein and those described at www.azamara.com, the website policies and procedures shall
prevail.
Purchase or use of this Ticket Contract, whether or not signed by the Passenger, shall constitute the agreement by
Passenger, on behalf of Passenger and all other persons traveling under this Ticket Contract (including any accompanying
minors or other persons for whom the Ticket Contract was purchased), to be bound by the terms and conditions of this
Ticket Contract. This Ticket Contract cannot be modified except in a writing signed by a corporate officer of Operator. In
addition, Guest acknowledges the availability of and Guest agrees to abide by the terms and conditions, including but not
limited to certain payment terms such as minimum deposit requirements and payment due dates, which appear in the
applicable Carrier brochure or online at www.azamara.com. In the event of any conflict between such other brochure or
website materials and this Ticket Contract, the terms of this Ticket Contract shall prevail. - DEFINITIONS:
a. “Agreement” or “Contract” means the terms and conditions set forth in this Ticket Contract together with the Cruise or
CruiseTour Fare due for Your Cruise or CruiseTour. Together, the items described in the preceding sentence shall
constitute an agreement between Passenger and Operator for the Cruise or CruiseTour.
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b. “Carrier” shall include: (i) the Vessel, or any substituted ship; (ii) the Vessel’s Operator; and (iii) with respect to the Land
Tour portion of any CruiseTour, the operator of that Land Tour (“LTO”) together with the owners, managers, charterers,
affiliates, successors and assigns of the entities identified in subsections (i), (ii) and (iii) of this sentence. Carrier also shall
include the officers, directors, employees, agents, crew or pilots of the entities identified in the preceding sentence. The
exclusions or limitations of liability of Carrier set forth in the provisions of this Ticket Contract, as well as all rights, defenses
or immunities set forth herein, shall also apply to and be for the benefit of agents, independent contractors,
concessionaires and suppliers of Carrier, as well as owners and operators of all shoreside properties at which the Vessel
or the Transport may call, as well as owners, designers, installers, suppliers and manufacturers of the Vessel or Transport,
or any component parts of either, together with the employees and servants of each of the foregoing, and/or any
launches, craft or facilities of any kind belonging to or provided by any of the entities identified in this paragraph.
c. “Cruise” means the specific cruise covered by this Ticket Contract, as the same may be modified and shall include those
periods during which the Guest is embarking or disembarking the Vessel and those periods when the Guest is on land
while the Vessel is in port.
d. “Cruise Fare” or “CruiseTour Fare” includes the amount due for the Cruise or CruiseTour, whether such amounts are
owing and/or have been paid by the Passenger, but does not include amounts due for other products or services such as
air transportation, photographs, gratuities, telephone calls, or medical services which can be purchased separately, nor
does it include government or quasi-governmental taxes and fees, whether assessed on a per passenger, per vessel, per
berth or per ton basis, nor any fuel surcharges, security surcharges or similar assessments made by airlines, trains, buses,
hotels or other third parties which are subject to change and are due and payable by Passenger upon request. For
CruiseTours that include air travel, airfare is included in the CruiseTour Fare.
e. “CruiseTour” shall mean the combined vacation package officially published and offered by Carrier, which includes the
applicable cruise and associated Land Tour.
f. “Operator” means the entity identified in Section 19 below.
g. “Passenger” or “Guest” or “Your” means all persons traveling under this Ticket Contract and persons in their care,
together with their respective heirs and representatives. “Passenger” shall include the plural and the use of the masculine
shall include the feminine.
h. “Land Tour” shall mean the land tour component of a CruiseTour to be provided either prior to the initial embarkation
on the cruise or after the final debarkation from the cruise.
i. “Transport” means the railcars, buses and other modes of transportation or accommodation provided by a LTO in
connection with a Land Tour.
j. “Vessel” means the ship owned or chartered or operated by Operator on which Passenger may be traveling or against
which Passenger may assert a claim, as well as any substituted ship used in the performance of this Ticket Contract. - BAGGAGE, PROPERTY AND LIMITATIONS OF LIABILITY:
a. Baggage Limits and Prohibited Items. Each adult Passenger is permitted to carry onboard the Vessel or check-in only
the wearing apparel and personal effects reasonably necessary for the cruise, including suitcases, trunks, valises, satchels,
bags, hangers containing clothing, toiletries and similar items. In no event shall any Passenger bring on board the Vessel
or check-in, or in connection with the Land Tour, any illegal controlled substances (including medical marijuana), fireworks,
live animals (except under the terms of Section 13.e below), weapons, firearms, explosives or other hazardous materials,
or any other items prohibited by applicable law or Carrier policy. Marijuana possession and/or use, including medical
marijuana, and possession or use of any illegal drugs, is strictly prohibited in many jurisdictions visited and on the Vessel
at all times, as well as in terminals, during shore excursions or any other part of the cruise, regardless of any local, state,
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or other laws which might permit use or possession of marijuana. Passengers who violate the laws of any jurisdiction are
subject to being reported to law enforcement or customs authorities, arrest and prosecution. Passengers who bring on
board dangerous items, marijuana in any form, or any illegal drugs or controlled substances are also subject to immediate
disembarkation or denial of boarding. Passengers shall have no claim for refund, loss, damage, inconvenience, or
compensation whatsoever under any of these circumstances. Passenger shall be responsible to notify Carrier in advance
of the Cruise if there is any question as to the permissibility of taking any item or substance onboard the Vessel. Carrier
reserves the right to refuse to permit any Passenger to take on board the Vessel or on any mode of Transport any item
Carrier deems inappropriate.
b. Liability for Loss of or Damage to Baggage. Unless negligent, Carrier is neither responsible nor liable for any loss of or
damage to Passenger’s property, whether contained in luggage or otherwise. Liability for loss of or damage to Passenger’s
property in connection with any air or ground transportation shall be the sole responsibility of the provider of the service
and in accordance with applicable limitations.
c. Limitation of Liability for Lost or Damaged Property. Notwithstanding any other provision of law or this Agreement,
Carrier’s liability for loss or damage to property during the Land Tour portion of a CruiseTour is limited to $300.00 per
Passenger. Notwithstanding any other provision of law or this Agreement, Carrier’s liability for loss or damage to property
for the cruise (or for the cruise only portion of a CruiseTour) shall be limited to $300.00 per Passenger, unless Passenger
declares the true value of such property in writing to the Carrier at the address specified in Section 11.a below and pays
Carrier within 10 days of final payment for the cruise, a fee of five percent (5%) of the amount that such value exceeds
$300.00. In such event, Carrier’s liability shall be limited to its true declared value, but not exceeding $5,000.
d. Limited Carriage. Carrier does not undertake to carry as baggage any tools of trade, household goods (including but not
limited to appliances and furniture) fragile or valuable items, precious metals, jewelry, documents, negotiable instruments
or other valuables, including but not limited to those specified in Title 46 of the United States Code, Appendix Section 181.
Each Passenger warrants that no such item will be presented to Carrier within any receptacle or container as baggage,
and hereby releases Carrier from any liability whatsoever for loss of or damage to such items when presented to Carrier
in breach of this warranty. In no event shall Carrier be liable for normal wear or tear of luggage or property, or loss of or
damage to jewelry, cash, negotiable paper, photographic/electronic, medical or recreational equipment, dental hardware,
eyewear, medications or other valuables unless they are deposited with Carrier on the Vessel for safekeeping against
receipt (LTOs do not accept valuables for deposit). Carrier’s liability, if any, for loss of or damage to valuables so deposited
shall not exceed the amounts indicated in Section 3.c above. - PUBLIC HEALTH, COVID-19 POLICIES AND PROCEDURES, KNOWING ACCEPTANCE OF THE RISKS
a. Recommended Consultation with Personal Physician. Passengers are encouraged to discuss the advisability of travel
with their personal physicians and to review the U.S. Centers for Disease Control (“CDC”) website for updated information.
The CDC has identified elderly persons and persons with certain chronic medical conditions as being at increased risk of
life-threatening complications from being infected with COVID-19. PASSENGER ACKNOWLEDGES, UNDERSTANDS AND
ACCEPTS THAT WHILE ABOARD THE VESSEL, IN TERMINALS AND BOARDING AREAS, OR DURING ACTIVITIES ASHORE AND/
OR WHILE TRAVELING TO OR FROM THE VESSEL, THE PASSENGER OR OTHER PASSENGERS MAY BE EXPOSED TO
COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19, INFLUENZA, COLDS AND NOROVIRUS.
PASSENGER FURTHER UNDERSTANDS AND ACCEPTS THAT THE RISK OF EXPOSURES TO THESE COMMUNICABLE ILLNESSES
AND OTHERS IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, IS BEYOND
CARRIER’S CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. PASSENGER KNOWINGLY AND
VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS TICKET CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR
DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE
WHATSOEVER.
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b. Agreement to Abide by Current COVID-19 Policies and Procedures. Carrier’s COVID-19 Policies and Procedures are
subject to guidance and directives of established health authorities in the U.S. and other destinations where the Vessel
visits, including the CDC and other international, national, and local health agencies when the Vessel is within those
agencies’ jurisdiction. Passenger acknowledges that these directives may change from time to time and that Carrier’s
COVID-19 Policies and Procedures may therefore change. Passenger expressly agrees to comply not only with the COVID19 Policies and Procedures as they are described herein, but also as they are set forth on Carrier’s website at
www.azamara.com, at all times including pre-embarkation, while onboard, during port calls and shore excursions and/or
final disembarkation. In case of any conflict between the COVID-19 Policies and Procedures described herein or on
Carrier’s website, the website governs. Passenger’s agreement to abide by Carrier’s COVID-19 Policies and Procedures
constitutes an integral part of this Ticket Contract.
c. COVID-19 Policies and Procedures. Passenger understands that Carrier’s COVID-19 Policies and Procedures may or will
include (but are not be limited to): (1) providing an accurate, truthful and complete health questionnaire in a form and
containing any and all health or travel-related questions as required by Carrier in its sole discretion, for each Passenger
prior to boarding; (2) pre-embarkation and/or periodic testing and temperature checks of each Passenger; (3) modified
capacity rules for activities (including but not limited to restaurants, gyms, and entertainment events onboard and for
shore excursions) which may limit or eliminate the ability of Passenger to participate in particular activities; (4) mandatory
use by each Passenger (except where medically contraindicated) of face coverings in most locations outside of the
Passenger’s cabin while onboard, during embarkation, disembarkation and shore excursions; (5) mandatory social
distancing of Passengers at any/all times while on board and during embarkation, disembarkation, and shore excursions;
(6) additional restrictions during shore excursions depending on local conditions, including but not limited to denial of
disembarkation at destinations unless participating in only Carrier-approved shore excursions; (7) mandatory hand
sanitizing by Passenger upon entry or exit of any public areas; (8) confinement of Passengers to cabins, quarantine or
emergency disembarkation of Passenger if, in Carrier’s sole discretion, such steps are necessary to prevent or slow the
spread of COVID-19; (9) the required completion by Passenger in a timely manner of any written authorizations or consent
forms required for Carrier to carry out its COVID-19 Policies and Procedures (including but not limited to medical
information, medical privacy, or personal data privacy consent forms), and; (10) other policies and procedures deemed by
Carrier in its sole discretion to be necessary to reduce the risk of spread of COVID-19. Passenger acknowledges that: (i)
Carrier’s Privacy Policy for Health Protection Measures (“Health Privacy Policy”) is an integral part of Carrier’s COVID-19
Policies and Procedures; (ii) the Health Privacy Policy has been made available to Passenger; and (iii) Passenger agrees to
the terms of the Health Privacy Policy.
d. Mandatory Compliance with COVID-19 Policies and Procedures. Notwithstanding any other provision contained herein
or in Carrier’s Refund Policy, any noncompliance by Passenger or members of Passenger’s travelling party with Carrier’s
COVID-19 Policies and Procedures or this Ticket Contract shall be grounds for refusal to board, refusal to reboard after
going ashore, quarantine onboard the Vessel, disembarkation, reporting to governmental or health authorities, or other
steps deemed necessary in Carrier’s sole discretion under the circumstances to protect the health and well-being of others.
Under these circumstances, Passenger shall not be entitled to a refund or compensation of any kind. Passenger will be
responsible for all related costs and fines, including without limitation travel expenses and for proper travel
documentation for any port, or for departure from or arrival to Passenger’s country of residence. Under no circumstances
shall Carrier be liable for any damages or expenses whatsoever incurred by any Passenger as a result of such denial of
boarding, refusal to re-board, quarantine, disembarkation, or other steps taken by Carrier.
e. Passenger Testing Positive for COVID-19 Pre-Cruise. Passenger agrees that if at any time within 14 days prior to
embarkation, Passenger tests positive for COVID-19, exhibits signs or symptoms of COVID-19, has had close contact with
a person confirmed or suspected as having COVID-19, or Carrier otherwise determines in its sole discretion that Passenger
is unfit to board because of any communicable illness, Carrier will deny boarding to such Passenger. Under these
circumstances, unless Carrier determines that Passenger has failed to comply with Carrier’s COVID-19 Policies and
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Procedures or this Ticket Contract, any Passenger denied boarding because of a known or suspected infection with COVID19 will be entitled to a refund or future cruise credit equal in value to the Cruise Fare Passenger paid to Carrier. Carrier, in
its sole discretion, may require Passenger to provide verification satisfactory to Carrier of Passenger’s positive test result
if the test was administered by a provider other than those retained by Carrier. For further details, refer to Carrier’s refund
and cancellation policy at www.azamara.com. Under no circumstances shall Carrier have any other liability for any
compensation or other damages whatsoever, including but not limited to compensation for lodging or travel.
f. Passenger Testing Positive for COVID-19 During Cruise. Passenger understands and agrees that if, after boarding, and
even if Passenger has fully complied with all COVID-19 Policies and Procedures, Passenger tests positive for COVID-19 or
exhibits signs or symptoms of COVID-19, Carrier may disembark, refuse re-boarding after a shore excursion, or quarantine
Passenger as well as members of Passenger’s travelling party, or take other steps which Carrier determines, in its sole
discretion, are necessary under the circumstances to protect the health and well-being of others. Under these
circumstances, any such Passenger with a known or suspected case of infection with COVID-19 who is disembarked,
refused re-boarding, or quarantined shall be entitled to a prorated refund or future cruise credit for the unused portion
of the Cruise Fare. For further details, refer to Carrier’s refund and cancellation policy at www.azamara.com. Each such
Passenger is responsible for all other related costs and fines, including without limitation travel expenses. Under no
circumstances shall Carrier be liable to any such Passenger for any costs, damages or expenses whatsoever incurred by
any Passenger.
If Carrier received payment via credit card and a refund is owed, the refund will be made to that credit card. If Carrier
received payment from your travel agent and a refund is owed, the refund will be provided back to that travel agent. - MEDICAL CARE AND OTHER PERSONAL SERVICES:
a. Availability of Medical Care. Due to the nature of travel by sea and the ports visited, the availability of medical care
onboard the Vessel and in ports of call may be limited or delayed and medical evacuation may not be possible from the
Vessel while at sea or from every location to which the Vessel sails.
b. Relationship with Service Providers. To the extent Passengers retain the services of medical personnel or independent
contractors on or off the Vessel, Passengers do so at their sole risk. Any medical personnel attending to a Passenger on or
off the Vessel, if arranged by Carrier, are provided solely for the convenience of the Passenger, work directly for the
Passenger, and shall not be deemed to be acting under the control or supervision of the Carrier, as Carrier is not a medical
provider. Likewise, any onboard concessions (including but not limited to the gift shops, spas, beauty salon, photography)
are either operated by or are independent contractors on board the Vessel, on Transport or elsewhere and are provided
solely for the convenience of Passenger. Even though the Carrier shall be entitled to charge a fee and earn a profit for
arranging such services, all such persons or entities shall be deemed independent contractors and not acting as agents or
representatives of Carrier. Carrier assumes no liability whatsoever for any treatment, failure to treat, diagnosis,
misdiagnosis, actual or alleged malpractice, advice, examination or other services provided by such persons or entities.
Guest acknowledges that the Vessel’s hair dresser, manicurist, gift shop personnel, spa personnel, wedding planners and
other providers of merchandise and personal services are employees of independent contractors and that Carrier is not
responsible for their actions.
c. Payment for Medical or Personal Care Services. Passenger shall pay for all medical care or other personal services
requested or required, whether onboard or ashore, including the cost of any emergency medical care or transportation
incurred by Carrier and any costs associated with the provision of medical services as provided in the CLIA Passenger Bill
of Rights. If Passenger is unable to pay and the Carrier pays for such expenses, then Passenger shall reimburse Carrier for
those expenses. - SHORE EXCURSIONS, TOURS, FACILITIES OR OTHER TRANSPORTATION:
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All arrangements made for or by Passenger for transportation (other than on the Vessel) before, during or after the Cruise
or CruiseTour of any kind whatsoever, as well as air arrangements, shore excursions, tours, hotels, restaurants, attractions
and other similar activities or services, including all related conveyances, products or facilities, are made solely for
Passenger’s convenience and are at Passenger’s risk. The providers, owners, and operators of such services, conveyances,
products and facilities are independent contractors and are not acting as agents or representatives of Carrier. As stated in
Section 4 or as may be stated on Carrier’s website at www.azamara.com, Carrier’s COVID-19 Policies and Procedures will
impose certain restrictions with regard to shore excursions relating to participation, location, time, eligible venues and
persons with whom the Passenger may come into contact, as well as restrictions on the number of Passengers. Passenger
understands and agrees that Carrier may prohibit Passenger from going ashore in any port of call, and/or limit Passengers
going ashore to specific activities or excursions authorized by Carrier, for health-related reasons in its sole discretion. Even
though Carrier may collect a fee for, or otherwise profit from, making such arrangements and offers for sale shore
excursions, tours, hotels, restaurants, attractions, the Land Tour and other similar activities or services taking place off the
Vessel for a profit and requires that any such person or entities comply with Carrier’s COVID-19 Policies and Procedures,
Carrier does not undertake to supervise or control such independent contractors or their employees, nor maintain their
conveyances or facilities, and makes no representation, whether express or implied, regarding their suitability or safety.
In no event shall Carrier be liable for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to
Passenger which occurs on or off the Vessel or the Transport as a result of any acts, omissions or negligence of any
independent contractors. - CANCELLATION, DEVIATION, OR SUBSTITUTION BY CARRIER:
a. Carrier may for any reason at any time and without prior notice, cancel, advance, postpone, or deviate from any
scheduled sailing, port of call, destination, lodging or any activity on or off the Vessel, or substitute another vessel or port
of call, destination, lodging or activity. Except as provided in Section 7.e below, and except as provided in Section 4.e or
Section 4.f regarding an actual or suspected COVID-19 infection, and except where a refund is required by law as a result
of a declaration of a public health emergency or government order cancelling the Cruise or delaying boarding of the Vessel
by Passengers by 24 hours or more, Carrier shall not be liable for any claim whatsoever by Passenger, including but not
limited to loss, compensation or refund, by reason of such cancellation, advancement, postponement, substitution, or
deviation.
b. In connection with a CruiseTour, Carrier has the same right to cancel, advance, postpone or deviate from any scheduled
activity, departure or destination, or substitute another railcar, bus, destination, or lodging or other component of the
CruiseTour. Except as provided in Section 7.e below, and except as provided in Section 4.e or Section 4.f regarding an
actual or suspected COVID-19 infection, and except where a refund is required by law as a result of a declaration of a
public health emergency or government order cancelling the Cruise or delaying boarding of the Vessel by Passengers by
24 hours or more, Carrier shall not be liable for any claim by Passenger whatsoever, including but not limited to loss,
compensation or refund, by reason of such cancellation, advancement, postponement, substitution, or deviation.
c. By way of example, and not limitation, Carrier may, without liability (except as provided in Section 7.e below with respect
to mechanical failures, except as provided in Section 4.e or Section 4.f regarding an actual or suspected COVID19 infection,
and except where a refund is required by law as a result of a declaration of a public health emergency or government
order cancelling the Cruise or delaying boarding of the Vessel by Passengers by 24 hours or more), deviate from any
scheduled sailing and may otherwise land Passenger and her property at any port if Carrier believes that the voyage or
any Passenger or property may be hindered or adversely affected as a result of hostilities, blockages, prevailing weather
conditions, labor conflicts, strikes onboard or ashore, breakdown of Vessel, congestion, docking difficulties, medical or
lifesaving emergencies, declared pandemics, public health emergencies or outbreak of communicable disease,
quarantines, national or regional emergencies, or any other cause whatsoever.
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d. Carrier shall have the right to comply with any orders, recommendations, or directions whatsoever given by any
governmental entity or by persons purporting to act with such authority and such compliance shall not be deemed a
breach of this Agreement entitling the Passenger to assert any claim for liability, compensation or refund except as
provided in Section 4.e or Section 4.f regarding an actual or suspected COVID-19 infection, and except where a refund is
required by law as a result of a declaration of a public health emergency or government order cancelling the Cruise or
delaying boarding of the Vessel by Passengers by 24 hours or more.
e. In the event that a Cruise (or the cruise component of a CruiseTour) is canceled or terminated early due to mechanical
failures:
i) Passenger shall have a right to a full refund of the Cruise Fare if the Cruise is canceled in full, or a partial refund
if the cruise is terminated early;
ii) Carrier may cover or reimburse Passenger for additional costs (e.g. airline change fees) as deemed appropriate
by the Carrier.
iii) If the Passenger has travelled to the Vessel, Passenger shall have a right to transportation (by means selected
by the Carrier) to the Vessel’s scheduled port of disembarkation or the Passenger’s home city; and
iv) Passenger shall have a right to lodging (selected by the Cruise Line) if disembarkation and an overnight stay in
an unscheduled port are required due to the Cruise or cruise component of a CruiseTour being cancelled or
terminated early because of such mechanical failures. - CANCELLATION OR EARLY DISEMBARKATION BY PASSENGER:
The provisions of this Section 8 apply unless a different refund policy is required by law as a result of a declaration of a
public health emergency or government order cancelling the Cruise or delaying boarding the Vessel by Passengers by 24
hours or more, or the provisions of Section 4.e or Section 4.f, relating to a suspected or known infection of a Passenger
with COVID-19, apply. For further details, Passengers should visit www.azamara.com.
Select fare programs require the payment at the time of booking of a nonrefundable deposit. That deposit amount shall
not be refunded at any time after it has been paid. Change fees will apply to bookings for which the deposit is
nonrefundable.
Cancellation of Cruise or CruiseTour. Cruise reservations that are cancelled by the Passenger prior to the sail date, and
CruiseTour reservations that are cancelled by the Passenger prior to the first day of the CruiseTour, may be subject to a
cancellation charge. The amount of the cancellation charge shall be determined as shown in the table below and shall vary
depending on how far in advance of the sail date (or first day of the CruiseTour) the Operator receives notice of
cancellation. The table applies to holiday sailings as well.
IF CANCELLATION IS MADE CANCELLATION CHARGE
121 days or more prior to the first day of the
Cruise/CruiseTour
US$75.00 per person, or any non-refundable deposit
amounts, whichever is greater
120 to 91 days 25% of total price
90 to 61 days 50% of total price
60 to 31 days 75% of total price
30 days or less 100% of total price (No refund)
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If a Cruise or CruiseTour reservation is cancelled, any applicable Taxes/Fees or Fuel Supplement charges shall be refunded.
For bookings made outside of the United States and Canada, a different cancellation policy may apply. Contact your local
office or travel agency for details.
Cancellation notices are effective when received by the Operator.
For Passengers who have booked a CruiseTour and desire to cancel their Land Tour portion while retaining the Cruise, the
amount of the cancellation charge shall be determined in accordance with the foregoing table, based on the CruiseTour
Fare (including any applicable supplement charges); however, Guests who convert their CruiseTours to a cruise only
booking one hundred and twenty-one (121) days or more prior to the start date of the tour segment of the CruiseTour
will not be subject to a cancellation charge. The cancellation charge policies set forth above vary for single occupancy or
for the third, fourth or higher occupants in a stateroom or for groups. Consult your travel agency or call Azamara for
further details.
Cancellation by the Passenger after the Cruise or CruiseTour has begun, early disembarkation of the Passenger for any
reason, including pursuant to any provision of this Ticket Contract, or “no-shows,” shall be without refund, compensation,
or liability on the part of the Carrier whatsoever.
If Carrier received payment via credit card and a refund is owed, the refund will be made to that credit card. If Carrier
received payment from your travel agent and a refund is owed, the refund will be provided back to that travel agent.
Carrier reserves the right to offer promotional cruise fares or other offers that may modify the cancellation policies set
forth above.
For cancellations of air flights, hotel stays, transfer services, shore excursions, pre-purchased amenities, CruiseCare, prebooked services (such as spa, photography or wedding services) and pre-booked arrangements such as specialty dining,
see the applicable terms and conditions for any applicable cancellation charges. - PASSENGER’S OBLIGATION TO COMPLY WITH AGREEMENT, APPLICABLE LAWS, AND RULES OF CARRIER;
QUARANTINE; INDEMNIFICATION:
a. Compliance Obligation Generally. Passenger shall at all times comply with the provisions of this Agreement, all
applicable laws, and rules, policies, and regulations of the Carrier, the Vessel and the Transport (as the same may be
changed from time to time with or without notice), and including Carrier’s COVID-19 Policies and Procedures set forth in
Section 4 and on Carrier’s website at www.azamara.com. Passenger agrees not to enter any areas of the Vessel designated
for crew only, including crew quarters, under any circumstances whatsoever. Passenger further agrees that Carrier may
prohibit or restrict Passenger from bringing any alcoholic beverages for consumption onboard the Vessel and agrees to
comply with any Carrier policy covering such matters. Nothing in this Agreement shall grant to Passenger any right to
market, advertise, promote, provide or sell products or services to other guests onboard the Cruise or CruiseTour and
Passenger shall be prohibited from doing so.
b. Passengers are solely responsible to maintain in their possession all passports, visas, and other travel documents
required for embarkation, travel and disembarkation at all ports of call. Passengers assume full responsibility to determine
through their travel agent or the appropriate government authority the necessary documents. Passenger agrees to
provide to Carrier (at Carrier’s reasonable request) any travel documents. Carrier shall return such travel documents to
Passenger by no later than the end of the Cruise.
c. Passenger understands and agrees that Carrier has a zero-tolerance policy for illegal activity and shall report such activity
to the appropriate authorities.
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d. Each adult Passenger undertakes and agrees to supervise at all times any accompanying minors to ensure compliance
with the provisions of this Section 9.
e. Carrier may also change accommodations, alter or cancel any activities of, deny service of alcohol to, confine to a
stateroom or quarantine, search the stateroom, property or baggage of any Passenger, change a Passenger’s Land Tour,
disembark or refuse to embark the Passenger and/or any Passenger responsible for any minor Passenger, or restrain any
Passenger at any time, without liability, at the risk and expense of the Passenger, when in the sole opinion of Carrier or
the Captain the Passenger’s conduct or presence, or that of any minor for whom the Passenger is responsible, is believed
to present a possible danger, security risk or be detrimental to himself or the health, welfare, comfort or enjoyment of
others, or fails to abide by Carrier’s COVID-19 Policies and Procedures (as described in Section 4 above or on Carrier’s
website at www.azamara.com) or is in violation of any provision of this Agreement.
f. Passenger, or if a minor, his parent or guardian, shall be liable for and indemnify Carrier, the Vessel and the Transport
from any civil liability, fines, penalties, costs or expenses incurred by or imposed on the Vessel, the Transport or Carrier
arising from or related to Passenger’s conduct or failure to comply with any provisions of this Section 9 or Section 4,
including but not limited to: (i) any purchases by or credit extended to the Passenger; (ii) requirements relating to
immigration, customs or excise; or (iii) any personal injury, death or damage to persons or property caused directly or
indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger, or (iv) failure to
abide by Carrier’s COVID-19 Policies and Procedures.
g. Carrier shall not be required to refund any portion of the Cruise or CruiseTour Fare paid by any Passenger who fails for
any reason, including failure to abide by Carrier’s COVID-19 Policies and Procedures, to be onboard the Vessel or Transport
by the embarkation cut-off time applicable to the specific Cruise or CruiseTour or the boarding cut-off time applicable at
any port of call or destination or point of departure as the case may be, and shall not be responsible for lodging, meals,
transportation or other expenses incurred by Passenger as a result thereof. Embarkation procedures and cut-off times for
cruises are available at www.azamara.com. Boarding procedure cut-off times for any port of call or destination or point
of departure are as announced on the applicable Cruise or CruiseTour. Carrier shall have no obligation to any Passenger
to deviate from any scheduled sailing or port of call or destination.
h. Passenger acknowledges that for certain voyages, such as a round-trip voyage commencing in a United States port, the
Passenger must complete the entire voyage and that failure to do so may result in a fine or other penalty being assessed
by one or more governmental agencies. Passenger hereby agrees to pay any such fine or penalty imposed because
Passenger failed to complete the entire voyage and to reimburse Carrier in the event it pays such fine or penalty.
i. Carrier may refuse to transport any Passenger, and may remove any Passenger from the Vessel or Transport at any time,
for any of the following reasons: (i) whenever such action is necessary to comply with any government regulations,
directives or instructions; (ii) when a Passenger refuses to permit search of his person or property for explosives, weapons,
dangerous materials or other stolen, illegal or prohibited items; (iii) when a Passenger refuses upon request to produce
positive identification; or (iv) for failure to comply with Carrier’s rules and procedures, including, for example, Carrier’s
Guest Health, Safety and Conduct Policy or Carrier’s policies against fraternization with crew; or (v) Guest’s passage is
denied by Carrier pursuant to its Refusal to Transport Policy; or (vi) Passenger fails to abide by Carrier’s COVID-19 Policies
and Procedures (as described in Section 4 above or on Carrier’s website). Carrier’s Guest Health, Safety and Conduct Policy
and Refusal to Transport Policy are available online at www.azamara.com.
j. In the interests of safety and security, Passengers and their baggage are subject to inspection or monitoring electronically
with or without the Passenger’s consent or knowledge.
k. If Carrier exercises its rights under this Section 9 or Section 4, Passenger shall have no claim against Carrier whatsoever
and Carrier shall have no liability for refund, compensation, loss or damages of Passenger, including but not limited to any
10
expenses incurred by Passenger for accommodations or repatriation, unless otherwise provided in Carrier’s refund policy
or provided herein. - FORUM SELECTION CLAUSE FOR ALL LAWSUITS; CLASS ACTION WAIVER:
a. EXCEPT AS PROVIDED IN SECTION 11.B WITH REGARD TO CLAIMS OTHER THAN FOR PERSONAL INJURY, ILLNESS, OR
DEATH OF A PASSENGER, IT IS AGREED BY AND BETWEEN PASSENGER AND CARRIER THAT ALL DISPUTES AND MATTERS
WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS AGREEMENT, PASSENGER’S CRUISE,
CRUISETOUR, LAND TOUR OR TRANSPORT, SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE UNITED STATES DISTRICT
COURT FOR THE SOUTHERN DISTRICT OF FLORIDA LOCATED IN MIAMI-DADE COUNTY, FLORIDA, U.S.A., (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 STATE,
TERRITORY OR COUNTRY. PASSENGER HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER
OBJECTION THAT PASSENGER MAY HAVE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN THE APPLICABLE
COURT LOCATED IN MIAMI-DADE COUNTY, FLORIDA.
b. CLASS ACTION RELIEF WAIVER. PASSENGER HEREBY AGREES THAT EXCEPT AS PROVIDED IN THE LAST SENTENCE OF THIS
PARAGRAPH, PASSENGER MAY BRING CLAIMS AGAINST CARRIER ONLY IN PASSENGER’S INDIVIDUAL CAPACITY.EVEN IF
THE APPLICABLE LAW PROVIDES OTHERWISE, PASSENGER AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST
CARRIER, VESSEL OR TRANSPORT WHATSOEVER SHALL BE LITIGATED OR ARBITRATED BY PASSENGER INDIVIDUALLY AND
NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND PASSENGER EXPRESSLY
AGREES TO WAIVE ANY LAW ENTITLING PASSENGER TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO
ARBITRATION AS PROVIDED IN SECTION 11 BELOW, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS
ON A CLASS ACTION BASIS. YOU AGREE THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM
THE ARBITRATION CLAUSE SET FORTH IN SECTION 11.B BELOW, 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. - NOTICE OF CLAIMS AND COMMENCEMENT OF SUIT OR ARBITRATION; SECURITY:
a. TIME LIMITS FOR PERSONAL INJURY/ILLNESS/DEATH CLAIMS: NO SUIT SHALL BE MAINTAINABLE AGAINST CARRIER, THE
VESSEL OR THE TRANSPORT FOR PERSONAL INJURY, ILLNESS OR DEATH OF ANY PASSENGER UNLESS WRITTEN NOTICE OF
THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO CARRIER AT THE FOLLOWING ADDRESS, C/O SP CRUISES
OPCO LIMITED, D/B/A AZAMARA, PARK PLACE, 3RD FLOOR, 55 PAR-LA-VILLE ROAD, HAMILTON HM11, BERMUDA, ATTN:
CHIEF EXECUTIVE OFFICER, WITHIN SIX (6) MONTHS FROM THE DATE OF THE INJURY, ILLNESS OR DEATH AND SUIT IS
COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DATE OF SUCH INJURY, ILLNESS OR DEATH AND PROCESS SERVED
WITHIN 120 DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE
CONTRARY.
b. ARBITRATION OF ALL OTHER CLAIMS: ANY AND ALL OTHER DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER,
EXCEPT FOR PERSONAL INJURY, ILLNESS OR DEATH OF A PASSENGER WHETHER 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 PASSENGER’S CRUISE, NO MATTER HOW DESCRIBED,
PLEADED OR STYLED, 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, FLORIDA, U.S.A. TO THE EXCLUSION OF ANY OTHER
FORUM. THE ARBITRATION SHALL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) UNDER ITS
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COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND NAM’S FEE SCHEDULE IN EFFECT AT THE TIME OF
THE PROCEDURE, EACH OF WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. ANY QUESTION ABOUT
THE ARBITRATION ADMINISTRATORS MENTIONED ABOVE MAY BE DIRECTED TO THEM AS FOLLOWS: NATIONAL
ARBITRATION AND MEDIATION, INC., 990 STEWART AVE, 1ST FL., GARDEN CITY, NY 11530, PHONE: (800) 358-2550 EXT. - NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL NOR 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. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT PASSENGER OR CARRIER 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. PASSENGER AND CARRIER FURTHER
AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF THE PASSENGER ASSERTING THE CLAIM, OR FOR
WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. THE ARBITRATOR AND NOT ANY FEDERAL, STATE
OR LOCAL COURT, OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE
INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT INCLUDING, BUT NOT LIMITED
TO ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE. 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 SECTION 10 ABOVE GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY
TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS SECTION 11.B.
c. TIME LIMITS FOR NON-INJURY/ILLNESS OR DEATH CLAIMS: NO PROCEEDING DESCRIBED IN SECTION 11.B MAY BE
BROUGHT AGAINST CARRIER, VESSEL OR TRANSPORT UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS,
SHALL BE DELIVERED TO CARRIER AT THE FOLLOWING ADDRESS, C/O SP CRUISES OPCO LIMITED, D/B/A AZAMARA, PARK
PLACE, 3RD FLOOR, 55 PAR-LA-VILLE ROAD, HAMILTON HM11, BERMUDA, ATTN: CHIEF EXECUTIVE OFFICER, WITHIN
THIRTY (30) DAYS AFTER TERMINATION OF THE CRUISE OR CRUISETOUR (WHICHEVER IS LATER) TO WHICH THIS TICKET
CONTRACT RELATES. IN NO EVENT SHALL ANY SUCH PROCEEDING DESCRIBED IN SECTION 11.B BE MAINTAINABLE UNLESS
SUCH PROCEEDING SHALL BE COMMENCED (FILED) WITHIN SIX (6) MONTHS AFTER THE TERMINATION OF THE CRUISE OR
CRUISETOUR (WHICHEVER IS LATER) TO WHICH THIS TICKET CONTRACT RELATES AND VALID NOTICE OR SERVICE OF SUCH
PROCEEDING IS EFFECTED WITHIN SIXTY (60) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY
STATE OR COUNTRY TO THE CONTRARY.
d. IN THE EVENT OF AN IN REM PROCEEDING AGAINST THE VESSEL, PASSENGER HEREBY IRREVOCABLY AGREES THAT THE
POSTING OF A LETTER OF UNDERTAKING FROM ANY OF CARRIER’S INSURERS SHALL CONSTITUTE AN ADEQUATE AND
APPROPRIATE FORM OF SECURITY FOR THE IMMEDIATE RELEASE OF THE VESSEL IN LIEU OF ARREST. - LIMITATIONS OF LIABILITY, GOVERNING LAW:
a. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, CARRIER SHALL NOT BE LIABLE FOR INJURY, DEATH, ILLNESS,
DAMAGE, DELAY OR OTHER LOSS TO PERSON OR PROPERTY, OR ANY OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT
OF GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA,
FIRE, ORDERS BY GOVERNMENT AGENCIES RESTRICTING TRAVEL DUE TO DECLARED PANDEMICS, PUBLIC HEALTH
EMERGENCIES OR OUTBREAKS OF COMMUNICABLE DISEASE (E.G., COVID-19, INFLUENZA, COLDS AND NOROVIRUS, ETC.),
QUARANTINES (I.E., DECREE OR ORDER RESULTING IN EITHER AZAMARA’S INABILITY TO PERFORM ITS CRITICAL BUSINESS
FUNCTIONS), NATIONAL OR REGIONAL EMERGENCIES, THEFTS OR ANY OTHER CAUSE BEYOND CARRIER’S REASONABLE
CONTROL, OR ANY ACT NOT SHOWN TO BE CAUSED BY CARRIER’S NEGLIGENCE.
b. PASSENGER AGREES TO SOLELY ASSUME THE RISK OF INJURY, DEATH, ILLNESS OR OTHER LOSS, AND CARRIER IS NOT
RESPONSIBLE FOR PASSENGER’S USE OF ANY ATHLETIC OR RECREATIONAL EQUIPMENT; OR FOR THE NEGLIGENCE OR
WRONGDOING OF ANY INDEPENDENT CONTRACTORS, INCLUDING BUT NOT LIMITED TO PHOTOGRAPHERS, SPA
PERSONNEL OR ENTERTAINERS; OR FOR EVENTS TAKING PLACE OFF THE CARRIER’S VESSELS, LAUNCHES OR TRANSPORTS,
OR AS PART OF ANY SHORE EXCURSION, TOUR OR ACTIVITY.
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c. CARRIER HEREBY DISCLAIMS ALL LIABILITY TO THE PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL
SUFFERING 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 PASSENGER HAVING BEEN AT
ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY THE CARRIER. WITHOUT LIMITING THE
PRECEDING SENTENCE, IN NO EVENT WILL CARRIER BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY OR PUNITIVE DAMAGES.
d. ON INTERNATIONAL VOYAGES THAT EMBARK OR DISEMBARK IN A PORT OF A EUROPEAN UNION MEMBER STATE AND
DO NOT EMBARK, DISEMBARK OR CALL AT ANY U.S. PORT, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY
LIMITATIONS AND IMMUNITIES FOR DEATH AND/OR PERSONAL INJURY AS PROVIDED UNDER EU REGULATION 392/2009
ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS. ON INTERNATIONAL CRUISES THAT DO
NOT EMBARK OR DISEMBARK IN EITHER A PORT IN A EUROPEAN UNION MEMBER STATE OR A U.S. PORT, AND WHICH DO
NOT CALL AT ANY U.S. PORT, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS AND IMMUNITIES FOR
DEATH AND/OR PERSONAL INJURY AS PROVIDED IN THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF
PASSENGERS AND THEIR LUGGAGE BY SEA, 1974 AND THE PROTOCOL OF 2002 TO THAT CONVENTION (TOGETHER, THE
“ATHENS CONVENTION”) ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS. UNDER BOTH EU
REGULATION 392/2009 AND THE ATHENS CONVENTION, CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 400,000
SPECIAL DRAWING RIGHTS (“SDR”) PER PASSENGER (APPROXIMATELY U.S. $552,000) IF THE PASSENGER PROVES THAT
THE INCIDENT WAS A RESULT OF CARRIER’S FAULT OR NEGLECT. AN SDR IS AN INTERNATIONALLY RECOGNIZED
MONETARY MEASUREMENT WHOSE VALUE FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED BY
THE INTERNATIONAL MONETARY FUND AT WWW.IMF.ORG OR IN THE WALL STREET JOURNAL. IF THE LOSS OR DAMAGE
WAS CAUSED BY A SHIPPING INCIDENT, DEFINED AS A SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP,
EXPLOSION OR FIRE IN THE SHIP, OR DEFECT IN THE SHIP (AS DEFINED BY THE EU REGULATION AND ATHENS
CONVENTION), CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S.
$345,000). COMPENSATION FOR LOSS CAUSED BY A SHIPPING INCIDENT CAN INCREASE TO A MAXIMUM OF 400,000 SDRS
PER PASSENGER (APPROXIMATELY U.S. $552,000) UNLESS CARRIER PROVES THAT THE SHIPPING INCIDENT OCCURRED
WITHOUT CARRIER’S FAULT OR NEGLECT. SHIPPING INCIDENTS DO NOT INCLUDE ACTS OF WAR, HOSTILITIES, CIVIL WAR,
INSURRECTION, NATURAL DISASTERS, OR INTENTIONAL ACTS OR OMISSIONS OF THIRD PARTIES. IN CASES WHERE THE
LOSS OR DAMAGE WAS CAUSED IN CONNECTION WITH WAR OR TERRORISM, CARRIER’S LIABILITY FOR ANY PERSONAL
INJURY OR DEATH (WHETHER OCCURRING DURING A SHIPPING INCIDENT OR A NONSHIPPING INCIDENT) IS LIMITED TO
THE LOWER OF 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $345,000) OR 340 MILLION SDRS (APPROXIMATELY
U.S. $469,200,000) PER SHIP PER INCIDENT. PUNITIVE DAMAGES ARE NOT RECOVERABLE FOR CRUISES COVERED BY EU
REGULATION 392/2009 OR THE ATHENS CONVENTION. UNDER BOTH EU REGULATION 392/2009 AND THE ATHENS
CONVENTION, CARRIER’S LIABILITY FOR LOSS OR DAMAGE TO CABIN LUGGAGE IS LIMITED TO 2,250 SDR (APPROXIMATELY
U.S. $3,181). IN ADDITION, PASSENGERS EMBARKING A CRUISE IN A EUROPEAN MEMBER STATE PORT ARE AFFORDED
RIGHTS UNDER EU REGULATION 1177/2010. FOR A COPY OF EU REGULATION 392/2009, VISIT HTTPS://EURLEX.EUROPA.EU/LEGAL-CONTENT/EN/TXT/PDF/?URI=CELEX:32009R0392&FROM=EN.
FOR A COPY OF THE ATHENS CONVENTION AND THE 2002 PROTOCOL THERETO, VISIT
HTTPS://TREATIES.UN.ORG/DOC/PUBLICATION/UNTS/VOLUME%201463/VOLUME1463-I-24817-ENGLISH.PDF AND
HTTPS://TREATIES.UN.ORG/DOC/PUBLICATION/UNTS/NO%20VOLUME/24817/A24817-080000028053BF55.PDF (FULL
TEXT IN ENGLISH BEGINS AT PAGE 40).
e. AS TO ALL OTHER CRUISES NOT DESCRIBED ABOVE IN SECTIONS 12.D, ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND
LIMITATIONS OF LIABILITY PROVIDED IN, OR AUTHORIZED BY THE LAWS OF THE UNITED STATES SHALL APPLY, INCLUDING
BUT NOT LIMITED TO, TITLE 46 OF THE UNITED STATES CODE §§ 30501 THROUGH 30509, AND 30511.
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f. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THIS TICKET CONTRACT AND ALL DISPUTES OR CLAIMS
WHATSOEVER BY PASSENGER ARISING FROM OR RELATED TO THIS TICKET CONTRACT SHALL IN ALL RESPECTS AND
WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
GENERAL MARITIME LAW OF THE UNITED STATES OF AMERICA, AND, WHEN APPLICABLE, THE U.S. DEATH ON THE HIGH
SEAS ACT (46 U.S.C. § 30301 ET SEQ.). EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED IN THIS TICKET, PASSENGER AGREES
THIS CHOICE OF LAW SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY OTHER STATE OR NATION. - FITNESS TO TRAVEL; DENIAL OF BOARDING; MINORS:
a. In addition to the Passenger’s representations required in Section 4 regarding COVID-19, Passenger warrants that he
and those traveling with him are fit for travel and that such travel will not endanger themselves or others.
b. Minors. Any Guest under the age of 18 shall be considered a minor and must travel with a parent or Legal Guardian or
such other person as may be permitted by Carrier’s policies.
c. Minimum Age. No Guest under the age of 21 will consume any alcoholic beverages while on board the Vessel or
Transport except as may be permitted by Carrier’s policy. No Guest under the age of twenty-one (21) will be booked in a
stateroom unless accompanied by an adult twenty-one (21) years of age or older, except for minors sailing with their
parents or guardians in adjacent staterooms, or for under-aged married couples (proof of marriage is required) or except
as otherwise permitted by Carrier’s policy. Carrier reserves the right to request proof of age at any time and Passenger’s
age on the date of sailing determines his or her status for the entire cruise vacation.
d. Pregnancy and Infants. Any Passenger who will enter the 24th week of pregnancy by the beginning of, or at any time
during their cruise or CruiseTour agrees not to book the cruise or board the Vessel or Transport under any circumstances.
No infants under a specific age (at least six (6) months for most cruises but twelve (12) months for other cruises) shall be
booked on a cruise or CruiseTour, nor brought onboard the Vessel or Transport by any Passenger under any circumstances.
The most current minimum age requirements are available online at www.azamara.com.
e. Special Needs. Any Passenger with mobility, communication or other impairments, or other special or medical needs
that may require medical care or special accommodations during the cruise or CruiseTour, including but not limited to the
use of any service animal, must notify the Carrier of any such condition at the time of booking. Passenger agrees to accept
responsibility and reimburse Carrier for any loss, damage or expense whatsoever related to the presence of any service
animal brought on board the Vessel or Transport. Passengers acknowledge and understand that certain international
safety requirements, shipbuilding standards, and/or applicable regulations involving design, construction or operation of
the Vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or
special needs. Passengers requiring the use of a wheelchair must provide their own wheelchair (that must be of a size and
type that can be accommodated on the Vessel) as wheelchairs carried on board are for emergency use only.
f. Carrier shall have the right to deny boarding for violations of any of the policies set forth in this Section 13 or Section 4.
If Carrier exercises its rights under this Section 13 or Section 4 for violations of policy, Passenger shall have no claim against
Carrier whatsoever and Carrier shall have no liability for refund, compensation loss or damages of Passenger, including
but not limited to any expenses incurred by Passenger for accommodations or repatriation.
g. Recreational water facilities. Our recreational water facilities do not have a lifeguard on duty. Children must be
supervised by a parent or legal guardian at all times while in the pools, whirlpools and other recreational water feature
areas. - USE OF PHOTOS, VIDEOS OR RECORDINGS:
a. Guest hereby grants to Carrier (and its assignees and licensees) the exclusive right throughout the universe and in
perpetuity to include photographic, video, audio, and other visual or audio portrayals of Passenger taken during or in
14
connection with the Cruise or CruiseTour (including any images, likenesses or voices) in any medium of any nature
whatsoever (including the right to edit, combine with other materials or create any type of derivative thereof) for the
purpose of trade, advertising, sales, publicity, promotional, training or otherwise, without compensation to the Guest.
Such grant shall include the unrestricted right to copy, revise, distribute, display and sell photographs, images, films, tapes,
drawings or recordings in any type of media (including but not limited to the Internet). Guest hereby agrees that all rights,
title and interest therein (including all worldwide copyrights therein) shall be Carrier’s sole property, free from any claims
by Passenger or any person deriving any rights or interest from Passenger.
b. Guest hereby agrees that any recording (whether audio or video or otherwise) or photograph of Guest, other guests,
crew or third parties onboard the Vessel or depicting the Vessel, its design, equipment or otherwise shall not be used for
any commercial purpose, in any media broadcast or for any other nonprivate use without the express written consent of
Operator. The Operator shall be entitled to take any reasonable measure to enforce this provision. - YOUR TRAVEL AGENT:
Passenger acknowledges and confirms that any travel agent utilized by Passenger in connection with the issuance of this
Ticket Contract is, for all purposes, Passenger’s agent and Carrier shall not be liable for any representation made by said
travel agent. Passenger shall remain liable at all times to Carrier for the price of passage. Passenger understands and
agrees that receipt of this Ticket Contract or any other information or notices by Passenger’s travel agent shall be deemed
receipt by the Passenger as of the date of receipt by the agent. Passenger acknowledges that Carrier is not responsible for
the financial condition or integrity of any travel agent. - SEVERABILITY:
Any provision of this Agreement that is determined in any jurisdiction to be unenforceable for any reason shall be deemed
severed from this Agreement in that jurisdiction only and all remaining provisions shall remain in full force and effect. - TRANSFERS AND ASSIGNMENTS:
This Ticket Contract may not be assigned, sold, or otherwise transferred by the Passenger. Among other things, this means
that the Passenger cannot sell or transfer this Ticket Contract to someone else, and Carrier shall not be liable to the
Passenger or any other person in possession of a Ticket Contract for honoring or refunding such Ticket Contract when
presented by such other person. The Carrier may assign, convey or transfer its rights in this Agreement to any parent,
subsidiary, or affiliate of the Carrier who is scheduled to operate the Vessel at the time of the Cruise. - RELATIONSHIP TO OTHER PURCHASES:
To the extent permitted or required by law, this Agreement also covers Carrier’s CruiseCare travel protection products,
shore excursions, land, and hotel packages. - OPERATOR:
The Operator for an Azamara sailing is: SP Cruises OpCo Limited, a Bermuda company. - PRIVACY STATEMENT:
Azamara is subject to U.S. privacy laws. In addition, you may have certain additional privacy rights based on other factors,
such as the country or state where you reside.
In order to process your booking, we will need to collect and process certain personal details from you. These details will
include, where applicable, the names and addresses of party members, credit/debit card or other payment details and
special requirements such as those relating to any disability or medical condition which may affect the chosen holiday
arrangements, and any dietary restrictions which may disclose your religious beliefs. We may also need to collect other
15
personal details such as your nationality, citizenship, gender and passport details in addition to the details mentioned
above. If we need any other personal details, we will inform you of the details we require and for what purpose we need
them before we obtain those details from you.
We may need to pass on your personal details to the companies and organisations that need to know them so that your
holiday can be provided (for example our ships, shore excursion providers, your airline, hotel, other supplier, credit/debit
card company or bank as required). We may also be required, either by law or by applicable third parties (such as
Immigration Authorities) to disclose your details for various reasons; for example in the interests of protecting national
security. Such companies, organisations and third parties may be outside of the U.S.
In the event that we disclose personal information to any third party we always make reasonable endeavours to ensure
that the information will be treated in accordance with applicable privacy laws.
We would also like to store and use your personal details for future marketing purposes. We will only send you marketing
communications if you have purchased a cruise holiday from us or have expressly opted – in to receiving marketing from
us. You can opt out at any time of receiving marketing by submitting a request through the Azamara Integrity Hotline or
opting out in any email marketing communication.
All details you give us in connection with your booking (including those relating to any disability or medical condition or
your religious beliefs) will be kept confidential save where disclosed as outlined above so we can fulfil your holiday or
where you have consented to such disclosure or use for specific purposes. We will use only names and contact details for
marketing purposes. If you do not wish to receive any marketing material please let us know by submitting a request
through the Azamara Integrity Hotline.
We are committed to ongoing training and quality assurance, a part of which sometimes involves the recording of
telephone calls.
We also use CCTV (Closed Circuit Television) to monitor images on all Azamara ships for the purpose of crime prevention
and the safety of our guests generally; we store these images for a short time in case they are needed by investigative
authorities. In some cases, we may store those images for longer if required to record an incident. For further information
about the storage of CCTV images please submit a request through the Azamara Integrity Hotline.
To read our full Privacy Policy, please go to: www.azamara.com/privacy-policy. - SUPPLEMENT CHARGES:
Operator reserves the right to impose a supplemental charge relating to unanticipated occurrences including, but not
limited to, increases in the price of fuel. Any such supplement charges may apply, at Operator’s sole discretion, to both
existing and new bookings (regardless of whether such bookings have been paid in full). Such supplements are not included
in the Cruise or CruiseTour Fare.
v.JAN2023
