Cruisingagents.com, Inc.
2025 GUEST RESERVATION TERMS & CONDITIONS

This 2025 Guest Reservation Terms and Conditions (“T&Cs” or “agreement”) outlines the terms and conditions under which Cruisingagents.com, Inc. (“CA”) agrees to provide a cruise and entertainment experience aboard the Super Legends Cruise or the Old School Cruise (collectively, the “Cruise”), in exchange for the passenger’s and/or guest’s payment of the amounts specified in the reservation confirmation.

By making a reservation and delivering payment for the Cruise, the booking passenger and its guests, if any, consents to be bound by the T&Cs, and acknowledges that they accept the T&Cs on behalf of every person travelling under the booking passenger(s) reservation.

These T&Cs contain important limitations on the passengers’ rights that limit CA’s liability and the passengers’ right to sue.  These T&Cs are legally binding and separate from the charted Cruise Line (“Ship” or “Vessel”), or the Cruise Line’s Standard Contract of Passage Terms and Conditions (“Cruise Line Passenger Contract”).

CA may amend the T&Cs at any time.  Any amendments are effective immediately when posted on the CA websites (theoldschoolcruise.com and/or superlegendscruise.com).  The “Last Updated” date above indicates when the T&Cs were last revised.  To the extent that these T&Cs differ from a prior version of the T&Cs that the passenger previously agreed to, this version of the T&Cs supersedes and governs.

1. BOOKING / RESERVATION RESPONSIBILITY:

1.1          The passenger who places a reservation for a stateroom onboard the Cruise will be considered that stateroom’s “Primary” guest and is the “Lead” guest of the reservation.  Additional guests will be listed as accompanying the Primary guest.  Any changes up to and including cancellation and/or modification of the cruise reservation are the responsibility of the Primary guest.

2. RISKS, HAZARDS, DANGERS, AND PASSENGER PERSONAL RESPONSIBILITY LIABILITY:

2.1          In consideration of participating in and attending a CA event cruise, each passenger and their stated guest(s) voluntarily assume all risks while onboard the vessel and fully release CA, including its affiliates, employees, agents, contractors, officers, and representatives (collectively, “CA”), from any and all liability, actions, causes of action, suits, injuries, death, property loss or damage, claims, attorney’s fees, and demands of any kind that may arise while onboard the vessel. This release shall be binding upon the passenger, their stated guest(s), and their respective heirs, next of kin, executors, administrators, and personal representatives.

2.2          The passenger’s decision to purchase and pay a deposit for a CA Cruise constitutes their acknowledgment of and consent to all of the terms and conditions on the CA website, including the limitations of liability described in it, as well as all of the terms and conditions stated in this agreement.

2.3    The passenger understands and acknowledges that the risks, dangers, and hazards of participating in a CA Cruise event include, but are not limited to:

2.3.1   Health, injury, and ability risks: From strenuous and demanding physical activity, physical exertion, overexertion, stretching, dehydration, fatigue, cardiovascular workouts, rapid movements and stops, lack of fitness or conditioning, traumatic injury, including while participating in any sports activity such as yoga, swimming, basketball, aerobics, and surf-tank surfing. Also, from contact with sports equipment, poles, stands, nets, fences, gym equipment, or other persons, whether intentional or unintentional, which may lead to serious bodily injury including, but not limited to, concussions and/or other brain injury, or serious spinal injury. Also, from failing to act safely or within the passenger’s own ability or within designated areas. Also, from bacterial infections, rashes, and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites, or other organisms or any mutation thereof. The passenger agrees to comply with the Cruise Line Public Health Protocols, Guest, Health, Safety and Conduct Policy and/or any applicable and/or regulatory orders pertaining to SARS- CoV-2/COVID-19 and/or any other communicable disease.

2.3.2    Medical care risks: While at sea and/or in port, the availability of medical care may be limited and/or delayed and that all or part of the Cruise may be in areas where medical care and/or evacuation may not be available. The passenger assumes any and all risks associated with travel on and off the Cruise. The passenger agrees to fully indemnify, reimburse, and hold harmless CA and/or the Cruise Line, including their affiliates, employees, agents, contractors, officers, and representatives, for any and all costs, expenses, or liabilities incurred if, at their sole discretion, CA or the Cruise Line advances funds for emergency medical care, including but not limited to medical evacuation, medical treatment ashore, transportation, and/or lodging related thereto. CA and the Cruise Line have no obligation to advance any such costs, and any decision to do so shall not create an ongoing duty or liability. The passenger further acknowledges that CA strongly recommends purchasing comprehensive travel insurance to cover unforeseen and unexpected medical expenses, and the passenger assumes full responsibility for any expenses not covered by such insurance.

2.3.3  Premises or facilities risks: From defective, dangerous, or unsafe condition of the facilities; uneven surfaces; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on ship decks or other surfaces; extreme weather conditions; travel to and from the Cruise.

2.3.4 Risks from the use of equipment: From mechanical failure of any equipment; negligent design or manufacture of the equipment; either the provision of or the failure by CA or the Cruise Line to provide warnings, directions, instructions, or guidance as to the use of the equipment; and failure to use or operate the equipment within the passenger’s own ability. The passenger is responsible for being aware of their surroundings, including the condition of the equipment that they select to use. The passenger is responsible for their choice or nonchoice of personal protection equipment (PPE) or other protective equipment and the secure fitting of that equipment for any associated activity.

2.3.5   Advice risks: From negligent advice regarding the Cruise.

2.3.6  Cyber risks: From any and all privacy breaches, cyberattacks, hacking incidents, unauthorized access, data theft, technology malfunctions, system failures, software vulnerabilities, and/or any damage, loss, or disruption resulting from technological issues of any kind.

2.3.7  Conduct risks: From any and all liability, claims, damages, or losses arising from the passenger’s own conduct, the conduct of other individuals, or any interactions between passengers, including but not limited to physical altercations, disputes, intoxication, excessive alcohol consumption, or any other disruptive, reckless, or harmful behavior by any cruise participants, whether due to voluntary actions or impairment.

2.3.8  Travel risks: From any and all liability, claims, damages, or losses arising from or related to travel to and from the cruise, including but not limited to delays, cancellations, disruptions, missed connections, or any other travel-related issues, as well as any exposure to, transmission of, or illness resulting from COVID-19 and/or any other communicable diseases, whether occurring before, during, or after the cruise.

2.3.9 Negligence: The passenger acknowledges and expressly assumes all risks of damage, loss, personal injury, or death that may arise from their own negligence, the negligence of others, and even the negligence of CA or the Cruise Line. The passenger further understands and agrees that CA and the Cruise Line make no guarantees regarding their ability to safeguard or protect the passenger from any risks, dangers, or hazards associated with the cruise, including but not limited to those referenced above. The passenger voluntarily accepts full responsibility for these risks and waives any claims against CA and the Cruise Line arising from such circumstances..

2.3.10 Coronavirus (COVID-19) risk: This virus is extremely contagious and is believed to spread by person-to-person contact, or by contact with contaminated surfaces and objects, or by airborne transmittal. People can be infected and show no symptoms and therefore spread the disease; and such exposure may result in personal injury, illness, permanent disability, or death. The exact methods of spread and contraction are evolving. Evidence shows that COVID-19 can cause serious and potentially life-threatening illness and even death. CA and the Cruise Line has put in place preventative measures to reduce the spread of COVID-19; however, CA and the Cruise Line do not guarantee that passengers will not become infected with COVID-19 or any mutation thereof.

2.3.11 Risk of other communicable diseases: This risk includes, without limitation, exposure to any bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted.

2.4        The passenger also acknowledges and agrees to the following:

2.4.1   The passenger’s mental and physical condition is appropriate to participate in the Cruise activities, and the passenger assumes all risks related to the passenger’s mental or physical condition.

2.4.2  If the passenger observes an unusual and/or significant hazard or risk, they will stop participation in the activity and will immediately bring the hazard or risk to the attention of a CA or Cruise Line staff member.

2.4.3 The risks associated with activities are increased when a person is impaired, and the passenger agrees not to participate if they are impaired in any way.

2.4.4  It is the passenger’s sole responsibility to assess whether any activities are too difficult for them. By commencing an activity, the passenger is acknowledging the suitability and conditions of the activity and accepts all risks.

2.5   The above list of risks, hazards, and dangers is not intended to be exhaustive. All risks, hazards, and dangers mentioned are examples of what is referred to collectively as the “Risks.”

2.6   Notwithstanding the Risks, which the passenger readily acknowledges, the passenger still chooses to participate in the Cruise and understand and assume full responsibility for the Risks and any consequences arising out of or in connection with the Cruise.

3. CANCELLATION/NO-REFUND POLICY:

3.1    ALL SALES ARE FINAL, AND NO REFUNDS WILL BE ISSUED UNDER ANY CIRCUMSTANCES. ONCE A PURCHASE IS MADE, IT IS NON-REFUNDABLE AND NON-TRANSFERABLE, REGARDLESS OF THE REASON FOR CANCELLATION, INCLUDING BUT NOT LIMITED TO ILLNESS, MEDICAL EMERGENCIES, TRAVEL RESTRICTIONS, PERSONAL CONFLICTS, CHANGES IN CIRCUMSTANCES, OR FORCE MAJEURE EVENTS. ALL DEPOSITS AND PAYMENTS ARE STRICTLY NON-REFUNDABLE AND WILL NOT BE CREDITED TOWARD FUTURE BOOKINGS.

DUE TO THE STRICT NO-REFUND POLICY, CA STRONGLY RECOMMENDS THAT PASSENGERS PURCHASE COMPREHENSIVE TRAVEL INSURANCE TO PROTECT AGAINST UNFORESEEN EVENTS OR FINANCIAL LOSS. ANY TRAVEL INSURANCE OFFERED IS PROVIDED EXCLUSIVELY THROUGH A THIRD-PARTY INSURANCE PROVIDER, AND CA ASSUMES NO LIABILITY FOR THE TERMS, COVERAGE, OR CLAIMS PROCESS OF ANY INSURANCE POLICY PURCHASED. IT IS THE SOLE RESPONSIBILITY OF THE PASSENGER TO REVIEW AND SECURE APPROPRIATE COVERAGE.

3.2   As a courtesy, CA offers passengers within the same reservation the ability to split the cost between passengers and, additionally, CA offers monthly payment plans depending on when the reservation was created. If a guest with an assigned payment responsibility within the reservation cancels, regardless of the reason, that guest will be responsible for covering their entire balance at the time of cancellation. If that guest refuses to pay their outstanding balance, it then falls on the Primary to pay for the entire balance, agree on an amicable plan with the other remaining members of the cabin to cover the cancelled guest’s portion either in full or to split the balance owed into the monthly payments paid by the remaining guests in the group.

3.3    If the Primary or any of the passengers within a reservation find a replacement for the person cancelling their reservation, CA can honor a name change, subject to a US$250 name-change fee. Once the new guest is added, they can take over the payment responsibility from the previous guest and pick up where they left off; however, CA will not refund any previously paid portions to any passenger, regardless of the reason.

3.4   If a Primary is in a double occupancy room and their cabin mate cancels, they must pay their remaining balance or find a replacement, at which time either party will cover the name-change fee of US$250. If a guest refuses to pay off their balance or find a replacement, the responsibility falls on the Primary to find the replacement, pay the US$250 name-change fee, or pay the double occupancy rate and remain in the room as a single occupant. Based on the terms and conditions, Primary guests cannot cancel out of the stateroom.

3.5   If a Primary wishes to cancel without a refund, all cancellation requests MUST be submitted in writing via email to support@theoldschoolcruise.com OR support@superlegendscruise.com OR support@calicountrycruise.com, depending on which Cruise the passenger is cancelling.

4. TRIP/TRAVEL INSURANCE:

4.1   It is strongly recommended that passengers purchase travel insurance and/or trip cancellation insurance, which CA offers through various insurance carriers. Many policies protect against financial loss due to non-refundable costs and fees due to unexpected cancellations and travel/medical emergencies. Each policy varies in scope, and it is the passengers’ responsibility to pay close attention to the coverage offered. For the passengers’ convenience, CA will make Travel Insurance options available after the cabin has been booked.  MARK: WHY DOESN’T CRUSINGAGENTS PROVIDE A LIST OF TRAVEL INSURANCE COMPANIES?

4.2  The individual insurance carrier is the insurer, not CA, and therefore CA is not responsible for the coverages offered, services provided, or claims for any travel insured.

4.3   By accepting these T&Cs, the passengers acknowledge that they have been offered travel and cancellation insurance and understand the risks of not purchasing it and the benefits of purchasing it.

4.4       Any passengers who are interested in purchasing insurance can visit the links provided for a free quote.

4.5   In the event of cancellation, the passenger must first contact Cruisingagents.com, Inc in writing by sending an email to support@theoldschoolcruise.com OR support@superlegendscruise.com. Then, the passenger must contact Travel Guard directly at 1-855-203-5962 or via www.travelguard.com to submit a claim and request a refund. For questions and to purchase Travel Guard travel insurance, contact Travel Guard by phone or online.

5. CRUISE ITINERARIES:

5.1  Old School Cruise – The itinerary is posted on the website: theoldschoolcruise.com.
Super Legends Cruise – The itinerary is posted on the website: superlegendscruise.com.

5.2    RIGHT TO CHANGE ITINERARY: CA and/or the Cruise Line reserve the right, at any time, to change the cruise itinerary without notice and at their sole discretion. AN ITINERARY CHANGE SHALL NOT CONSTITUTE A CANCELLATION. In this case, CA and/or Cruise Line will NOT be responsible for any loss or expenses caused by reason of such changes or abandonment. Refunds will NOT be made to passengers who elect not to complete the cruise for any reason or cause whatsoever.

6. CABIN RATES, PORT TAXES, FEES, GRATUITIES, ENTERTAINMENT, & ADMIN FEES:

6.1       Cabin Rates INCLUDE stateroom accommodations, most meals, and all onboard/onshore CA events.

6.2   Cabin Rates DO NOT INCLUDE meals at Specialty Restaurants, Government Port Taxes, Fees, Gratuities and Admin fees of $399 per person; however, these fees are financeable and included in the passengers’ monthly payments.

6.3    Cabin Rates are per person based on stateroom occupancy (cabins can hold either 2, 3, 4, 6, or 8 people).

6.4   Cabin Rates are based on double occupancy. Any guest who travels alone in a cabin (single occupancy) is still required to pay the double occupancy rate.

6.5       Cabin Rates and availability are subject to change at any time, without notice.

6.6       Note: The inventory appearing in the online cabin price grid may not indicate real-time availability.

6.7       The charge for ENTERTAINMENT is separate from the charge for being a passenger on the Cruise Line.

7. SCHEDULE OF CHARGES & FEES

8. MONTHLY PAYMENT PLANS:

8.1   For passengers who are not able to pay for their cruise in full at the time of purchase, CA offers a  payment plan that will divide payments into monthly installments based on the date for which the passenger is booked. The passenger will receive a payment schedule that details the payment plan, including the automatic monthly installments and the dates on which payments are due. Payments begin 30 days after the date of the initial deposit. In the event that an account falls past due, the passenger hereby consents to the deduction of payments at any time until the account is fully current.

8.2       A NON-REFUNDABLE DEPOSIT of $100 per person is due at the time of booking for each guest.

8.3       The passenger’s remaining cabin balance will be split into equal monthly payments that will be debited starting 30 days after the initial deposit is paid, with the final balance due no later than 90 days before the first day of the OSC or SLC event. Late payments incur a late fee of $35 per late payment.

8.4    Monthly payments will be automatically charged to the credit card on file. It is the passenger’s sole responsibility to know their due dates for payments. Payment reminders will NOT be sent. CA reserves the right to cancel reservations that fall past due.

9. CREDIT CARD USE: The passenger will make sure that their credit card information attached to their profile is always up to date. To change the credit card number that is on file, the passenger can log into their CA account and update the credit card information. Each guest acknowledges and agrees that if a credit card other than their own is utilized for processing a transaction, an email must be sent from the credit card holder’s email address explicitly confirming their consent to authorize the transaction for the specified amount and reservation number.

10. WHEN ALL PAYMENTS ARE DUE: COMPLETED PAYMENT is due from all passengers 90 DAYS before the first day of the CA cruise event.

11. CABIN UPGRADES / DOWNGRADES: Passengers may upgrade to higher cabin category at any time, subject to availability. Downgrades are not permitted.

12. LATE PAYMENTS & DECLINED CREDIT CARD FEES: A late fee of $35.00 per person per transaction will be added to the reservation cost if the credit card on file is declined or if payments are not received by the due dates listed on the booking invoice. If the reservation remains unpaid at any time, CA reserves the right to cancel the reservation without any refund.
13. CHARGEBACKS:

13.1    In the event that the passenger feels an error has been made on their CA financial statement, they can contact CA by email at support@theoldschoolcruise.com or support@superlegendscruise.com so that CA can investigate and resolve the issue. DO NOT EXECUTE A CHARGEBACK. Active guests who enter false debit/credit card chargeback claims may be subject to cancellation of the entire reservation without refund, which could affect the passenger’s ability to sail on future Cruisingagents.com, Inc. sailings.

13.2   THE PASSENGER ACKNOWLEDGES AND AGREES THAT BY ACCEPTING THESE T&Cs, THEIR CA CRUISE RESERVATION IS NON-REFUNDABLE AND THAT THEY HAVE AUTHORIZED PAYMENTS TO BE TAKEN FROM THEIR CREDIT CARD UNTIL FULL PAYMENT IS RECEIVED WITH RESPECT TO THE CRUISE RESERVATION. THE PASSENGER FURTHER AGREES THAT ANY PAYMENT ISSUES MUST BE RESOLVED DIRECTLY WITH CA. CHARGEBACKS, DISPUTES, AND/OR RETRIEVALS FILED DIRECTLY WITH THE BANK CONSTITUTE A BREACH OF CONTRACT PURSUANT TO THE NON-REFUNDABLE PAYMENT TERMS AND WILL BE ASSESSED A FEE OF $100 PER CHARGEBACK.

14. NAME CHANGES / STATEROOM CHANGES:

14.1  RESERVATION CHANGES BY PRIMARY ONLY: The passenger who places a reservation for a stateroom, considered the “Primary,” guest, is the “owner” of the reservation. The Primary is solely responsible for initiating or authorizing changes to the reservation and must agree in writing to any changes made to the reservation, by emailing support@theoldschoolcruise.com, support@superlegendscruise.com or support@calicountrycruise.com.

14.2   All NAME and STATEROOM changes must be made no less than 7 days prior to the event departure date, and will be assessed an administrative fee of $250 per NAME or STATEROOM change. Any name/stateroom change requests made after the 7-day-prior deadline will be allowed at the sole discretion of CA and will be charged a fee of $450 per change.

14.3   At least one “original” guest OR the Primary guest’s name must remain on the reservation. If all original passengers cancel, including the Primary, this is considered a FULL cancellation with NO refund. If one original guest’s or the Primary’s name stays on the reservation and other names change, this is considered a name change, and name change fees will be charged. An “original” name is one that was added to the reservation at the time of the initial deposit or payment.

14.4   In all cases of name changes, the NEW passenger must agree to take over the payments from where the previous guest left off. The original passenger and the NEW passenger shall be responsible for refunding any amounts that are due to each other. The cost of the name change fee shall be paid directly to CA. Changing all the passengers’ names from one room to another in the form of a downgrade is not permitted. A downgrade is considered a cancellation of the original reservation. CA will not facilitate any outside agreements in the event of a name change.

14.5    If a cabin is cancelled either by the Primary notifying CA or by CA due to nonpayment the Primary or other original passengers from that cancelled cabin can request reinstatement, in which case there will be a $50 reinstatement fee AND they must bring their account current (if it was past due). Reinstated passengers may not be able to book their original stateroom, as it may have been assigned to other passengers.

14.6   Stateroom Occupancy Change Rates are based on the number of people in the cabin. Changes in occupancy will result in a rate increase, or decrease, depending on the type of change. All passengers understand that the rate for a double occupancy room is the same, whether it is occupied by one person or two people.

14.7     ROOM SERVICE SURCHARGES are based on the Cruise Line’s rates at the time of sailing.

15. INOCULATION/VACCINATIONS AND HEALTH:

15.1   All passengers must ensure that they are medically and physically fit for travel. CA bears no responsibility in the event that a passenger fails to meet the medical requirements for travel.

15.2    It is solely the passenger’s decision to travel, and the passenger is doing so of their own free will and with full knowledge of current travel recommendations and travel restrictions with regard to the risks of COVID- 19, any variant thereof, and/or any other communicable diseases.

15.3    The CDC, the World Health Organization (WHO), and the Cruise Lines provide guidelines as to which vaccinations are required in each country. In many cases, inoculations are recommended but, in some circumstances, they are required. The passenger understands that CA must comply with the chartered Cruise Line’s contract regarding health guidelines. CA recommends that the passenger checks with their health care professional or a Travel Medicine Specialist certified by the WHO for guidance. Other informational resources can be accessed at the CDC website or toll-free at 1-877-FYI-TRIP, and the WHO website.

15.4     The Cruise Line has established protocols and procedures related to public health and safety, as may be updated, revised, amended, or otherwise changed from time to time by Cruise Line (“Cruise Line’s Public Health Protocols”) in order to mitigate against the spread of SARS-CoV- 2/COVID-19. The passenger agrees to:

 (a)  Comply with Cruise Line’s Public Health Protocols as they may be updated from time to time, which may include mandatory SARS-CoV-2/COVID-19 testing and/or vaccination requirements. The requirements imposed by CA on its guests will be consistent with those generally imposed on the Cruise Line’s cruise passengers.

 (b)  Comply with all laws, regulations, codes, or ordinances established by any governmental and/or regulatory authority having jurisdiction over the Cruise or the Ship, including but not limited to, any laws, regulations, codes, ordinances, or public health guidelines pertaining to SARS-CoV- 2/COVID-19 or other communicable disease. To the extent that any applicable law, regulation, code, ordinance, guideline, or other governmental requirement is inconsistent with Cruise Line’s Public Health Protocols, the passenger agrees to comply with the stricter requirement.

 (c) Complete any COVID-19-related acknowledgements and comply with any COVID-19-related requirements, which may include but not necessarily be limited to providing proof of a current negative COVID-19 test result and/or vaccinations.

15.5  CA bears no responsibility for COVID-19 requirements that the Cruise Lines, travel suppliers, governments, and regulatory agencies may impose from time to time, such as required vaccinations, health affidavit forms, COVID-19 screenings prior to departure, during travel and upon arrival, face coverings, or quarantines. The passenger assumes full and complete responsibility for checking and verifying their compliance with COVID-19 and other travel-related requirements of their destination and connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination. For the latest Cruise Line, travel supplier or government rules, check the websites of the applicable Cruise Line, travel supplier, and government agency, and keep checking as the rules are constantly changing, and CA is not responsible for those changes or for a boarding denial resulting from the passenger’s failure to comply.

16. TRAVEL DOCUMENTS, PASSPORTS AND PROOF OF CITIZENSHIP:

16.1    The Primary guest is responsible for all guests in their booking to be aware of the following agreements about documentation requirements and liability.

16.2     All passports, visas, and other travel documents required for embarkation and disembarkation and at all ports of call or otherwise required to gain entry to all countries are the passenger’s sole responsibility. It is the passenger’s sole responsibility to identify and obtain all required travel documents and have them available when necessary. These include valid travel documents such as a passport, visa, inoculation/vaccination certificate(s), and family legal documents that are required for boarding vessels and for country entry and/or re-entry. Passengers who do not possess the proper documentation may be prevented from boarding their ship or from entering a country and may be subject to fines. NO refunds will be given to individuals who fail to bring the proper travel documents. All international travel generally requires a valid passport. Visas may be required, depending on the destination. Citizens of countries other than the U.S. should contact an embassy or consulate of the destination country for specific entry requirements.

16.3    CA strongly recommends that all passengers travel with a passport (valid for at least 6 months beyond the completion of travel on the CA event). Having a valid passport will enable a passenger to fly from the U.S. to a foreign port in the event they miss their scheduled embarkation, or to fly back to the U.S. should they need to disembark the ship mid-cruise for any reason.

16.4     CA accepts no responsibility for any delays the passenger may encounter due to the passenger’s incomplete or incorrect travel documents, nor shall CA have any liability. Should the passenger fail to possess valid documentation, they will be denied boarding or entry and will not be entitled to any refund or compensation. The passenger’s full compliance with all customs regulations and all local and national laws is their own responsibility, and CA nor travel suppliers bear any liability for any non-compliance by the passenger.

17. CANCELLATION BY CA ENTERTAINER(S):

17.1  ENTERTAINMENT IS SUBJECT TO CHANGE, AND CA ASSUMES NO LIABILITY FOR ARTIST NON-PERFORMANCE.  CA has entered into separate and confidential performance contracts with each entertainer scheduled to perform on the cruise. However, CA and the Cruise Line make no guarantees regarding any artist’s appearance, performance, or fulfillment of their contractual obligations. Neither CA nor the Cruise Line shall be held liable for the failure of any artist or musician to appear, perform, or otherwise fulfill their obligations for any reason, including but not limited to illness, travel delays, personal conflicts, cancellations, force majeure events, or any other unforeseen circumstances.

The passenger understands and expressly agrees that while the cruise experience itself is guaranteed, the entertainment lineup may be subject to change without notice, substitution, or compensation, and no refunds, credits, or adjustments will be issued due to changes in scheduled performances.

17.2   CA and the Cruise Line shall have no liability whatsoever for any loss, damage, cost, or expense incurred by any passenger, third party, or entity if a scheduled performance is prevented, delayed, or otherwise impacted due to a force majeure event or any other cause beyond CA’s control.  For purposes of this agreement, a force majeure event includes, but is not limited to, acts of God, natural disasters, weather conditions, labor strikes, government actions, public health emergencies, pandemics, mechanical failures, civil unrest, war, acts of terrorism, transportation disruptions, or any other unforeseen circumstance rendering performance impossible, impractical, or inadvisable.  The passenger expressly agrees that CA and the Cruise Line shall not be liable under any theory of law, including but not limited to breach of contract, negligence, or misrepresentation, for any failure, modification, or cancellation of a scheduled performance due to such circumstances. No refunds, credits, rescheduling, or other compensation shall be provided under these conditions.

17.3   In the event that a contracted artist fails to perform during the cruise for any reason, CA reserves the sole and absolute discretion to engage a replacement artist, modify the entertainment lineup, reschedule performances, alter the cruise itinerary, or postpone or cancel any portion of the entertainment program.  CA shall have no liability whatsoever to any passenger or any other party for any loss, damage, cost, or expense arising from or related to such changes, modifications, or cancellations. Passengers acknowledge and agree that the entertainment program is subject to change at any time, and no refunds, credits, or compensation of any kind will be provided as a result of any adjustments to the scheduled performances or cruise itinerary.

18. FORCE MAJEURE

18.1  If CA or the Cruise Line is forced to cancel the Cruise due to an Act of God, vessel breakdown, pandemic, epidemic, or other public health emergency (including but not limited to SARS-CoV-2/COVID-19 or any other communicable disease), hostilities, blockades, labor disputes, strikes (whether aboard or ashore), governmental orders or restraints, war, fire, collision, underwriter directives, acts of terrorism, civil unrest, adverse weather conditions, safety concerns (as determined solely by the Vessel’s Master), foundering of the ship, damage to its hull, machinery, or fittings, failure or inability to secure necessary supplies (including fuel), requisition of the vessel, changes in fleet deployment, or any other event beyond the control of CA and/or the Cruise Line (collectively referred to as “Force Majeure Events” and individually as a “Force Majeure Event”), CA shall bear no liability or obligation beyond providing a refund of only the Cruise travel monies paid by the passenger to CA. No additional compensation, reimbursement, or damages of any kind shall be owed to the passenger for any losses, costs, or inconveniences resulting from such cancellation..

19. POSTPONEMENT OR CANCELLATION OF CRUISE BY CA AND/OR the CRUISE LINE:

19.1    In the event of an occurrence of a Force Majeure Event or Force Majeure Events or for any other reason whatsoever beyond the control of CA or the Cruise Line, CA and/or the Cruise Line in their sole discretion may cancel, advance, postpone, or reschedule any scheduled sailing or call at any port and may (but is not obligated to) substitute another vessel, and neither the Cruise Line nor CA shall be liable for any loss whatsoever to passengers by reason of such cancellation, advancement, postponement, rescheduling or substitution. Thereupon, CA shall offer to the passenger, as follows:

If the Cruise is fully canceled, the passenger may choose between: (a) a refund of the cabin fare, prepaid gratuities, related taxes and fees, upgrades, and add-ons (the “Paid Value”); or (b) a Future Cruise Credit for the Paid Value, valid for use on a future CA sailing. Refunds will be issued to the original payment method used at the time of purchase, while Future Cruise Credits will be held in the passenger’s online reservation account.

The passenger expressly acknowledges and agrees that entertainment costs are non-refundable, in whole or in part, regardless of the reason for cancellation. CA’s agreements with entertainment performers are separate and independent from CA’s contract with the Cruise Line; therefore, the portion of the Cruise fare allocated to entertainment is not subject to refund or credit under any circumstances.

19.1.1 If the Cruise is partially canceled, the passenger may choose between: (a) a partial refund of the Paid Value, or (b) a Future Cruise Credit equivalent to a proportionate portion of the Paid Value, with the specific amounts determined in accordance with CA’s contract with the Cruise Line. The passenger expressly acknowledges and agrees that entertainment-related costs are non-refundable under any circumstances.

19.1.2 If the Cruise is postponed to a later date/rescheduled, the passenger’s reservation will be automatically transferred to the same category of cabin (if applicable) on the rescheduled Cruise.

19.1.3  If the Cruise is postponed to a later date/rescheduled and the passenger is NOT able to attend the rescheduled sailing date, a Future Cruise Credit of the Paid Value will be issued.

19.2     If the Cruise is postponed, this is not a cancellation. The passenger’s reservation remains valid, and no action is required. CA will notify passengers once the Cruise is rescheduled and provide available options. Refund and credit policies are determined by CA on a case-by-case basis and may be subject to limitations. CA assumes no liability for damages or compensation of any kind.

19.3  Summary: A POSTPONEMENT OF THE CRUISE TO A LATER DATE AND/OR RESCHEDULING OF THE CRUISE DOES NOT CONSTITUTE A CANCELLATION. FULL REFUNDS FOR THE CRUISE PORTION OF THE CHARGES ARE ONLY AVAILABLE IN THE EVENT OF A COMPLETE CANCELLATION, AND PARTIAL REFUNDS FOR THE CRUISE PORTION OF THE CHARGES ARE AVAILABLE IN THE CASE OF A PARTIAL CANCELLATION OF THE CRUISE. REFUNDS ARE NOT AVAILABLE IF THE CRUISE IS POSTPONED TO A LATER DATE OR RESCHEDULED. IN ANY CASE, NO REFUNDS ARE AVAILABLE FOR THE ENTERTAINMENT PORTION OF THE CHARGES.

19.4   The availability of any refund for travel insurance and/or other travel products (airfare, hotel, car rental), even if purchased in conjunction with the Cruise, will be determined in accordance with the applicable travel supplier’s cancellation policies for such other products or services. The passenger agrees to contact such suppliers separately. CA is not responsible for any charges incurred through other suppliers.

20. SAFETY WHILE IN PORTS OF CALL AND ONBOARD:

The passenger assumes full responsibility for their own safety onboard and at any port of call. CA makes no guarantees regarding passenger safety at any time. Information about scheduled ports of call may be available through the U.S. Department of State, Centers for Disease Control (CDC), or other governmental and tourism organizations. CA and the other Releasees have no obligation to gather, verify, or disseminate such information and assume no liability for any reliance on third-party sources.

The passenger acknowledges that all shore excursions, tours, airline flights, ground transportation, onboard medical services (including ship physicians and nurses), and onboard concessions (including but not limited to gift shops, spas, beauty salons, fitness centers, golf and art programs, and rental services such as video or snorkel equipment) are operated by independent contractors. CA does not own, supervise, or control these independent contractors and makes no representations, express or implied, regarding their quality, safety, or suitability. These services are provided solely as a convenience to passengers, who remain free to use or decline them at their discretion.

CA assumes no responsibility and disclaims all liability for the performance, negligence, or intentional acts or omissions of any independent contractor. Under no circumstances shall CA be liable for any loss, damage, injury, delay, or other harm to the passenger or their property arising from the use of these services. The passenger expressly agrees that they engage in these services entirely at their own risk.

21.  
22. PASSENGERS WITH SPECIAL NEEDS:

22.1   CA is committed to providing its passengers with an unrivalled vacation and does not discriminate on the basis of disability. By booking the Cruise, the passenger warrants that they, and those travelling with them, are physically fit to travel at the time of embarkation. Boarding will be denied to any person who will enter the third trimester (27th week) of pregnancy by the time of the Cruise or during the cruise. The Primary passenger must notify CA at the time of booking of any disability or other medical or physical condition of any passenger in the booking who may require special assistance during the Cruise. Failure to do so will release CA from any liability for loss, damages, or other compensation arising from or related in any way to such disability or condition. CA and the Cruise Line reserve the right to require that any passenger who is not self-sufficient must travel with a companion who shall take responsibility for any assistance needed during the Cruise and in case of emergency.

22.2   To provide CA and the Cruise Line with sufficient time to accommodate any special needs, that is, if a passenger has special needs or requires special medical care, equipment, or accommodations, a sign interpreter or service animal, the Primary guest will notify CA at the time of the first booking, or in any event no later than 60 days prior to the Cruise. The Primary must complete and deliver to CA the Guest Special Needs Form, which is available on request and on CA’s website. If CA does not receive sufficient advance notice, CA will make reasonable efforts to notify and work with the Cruise Line to provide the guest’s requested accommodations, equipment, or services, but CA cannot guarantee that they will be provided. While CA does not require information about the type or extent of any passenger’s disability, the more information the Primary can share with CA about any specific needs, and the sooner this information is provided, the better CA will be able to accommodate the passenger’s special needs.

23. REFUSAL OF PASSAGE:

23.1   CA acts only as a sales and marketing agent for the purpose of booking travel arrangements on the Cruise Line. CA expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors, or omissions on the part of any third party, or any supplier of services of goods or of agents selected by the passenger or the passenger’s travel agent in regard to booking on the Cruise.

23.2    Participation in the Cruise may be denied to any person who, in CA’s and/or the Cruise Line’s sole discretion: (1) is or becomes in such a condition as to be unfit to travel; (2) is dangerous or obnoxious to others, or (3) is inadmissible under the laws of any country of debarkation. In addition, CA and/or the Cruise Line reserves the right to refuse passage, disembark, or confine to a stateroom any person whose physical or mental condition or behavior they consider, in their sole discretion, to constitute a risk to the person’s own well-being or that of any other person. CA shall have no liability to any such person or any third party arising out of any such decision. Any costs resulting from CA’s or the Cruise Line’s decision, including, without limitation, the costs of lodging and transportation, shall be the responsibility solely of the person.

24. DECISIONS OF THE CRUISE LINE: The passenger will receive the Cruise Line’s Standard Contract of Passage Terms and Conditions (the “Cruise Line Passenger Contract”) via their online check-in, the terms of which the passenger agrees to by sailing on the Cruise. The Cruise Line Passenger Contract constitutes the passenger’s agreement with the Cruise Line. The Cruise Line Contract provides that the Cruise Line may exercise its rights in a variety of matters, including, without limitation: Its right to alter the ship’s course, ports of call, and itinerary, activity, and shore excursions, for reasons set forth therein. CA shall not be liable to the passenger or any third party for any claim or cause of action arising, directly or indirectly, in whole or in part, out of the Cruise Line’s exercise of any of its rights as provided in the Cruise Line Terms. With no limitations regarding the foregoing, CA shall not be liable to any Cruise passenger for a full or partial refund of any Cruise fare, or for any lodging or transportation expenses, as a result of the Cruise Line’s exercise of its contractual rights.
25. LUGGAGE:

25.1    Each passenger may bring onboard a reasonable amount of baggage. All luggage must be stored in the passengers’ stateroom.

25.2     Pets, dangerous or illegal items such as weapons, explosives, combustible substances, nonprescription controlled substances, or illegal drugs MAY NOT be brought onboard the ship. Any such items shall be surrendered to security at embarkation and may be disposed of at the sole discretion of the Cruise Line.

25.3    The passenger’s luggage, hand-carried or checked, and person are subject to security inspections that may involve a physical search. Curbside porters are available at the pier during embarkation to take luggage to the vessel. The passenger agrees that each piece of luggage will be locked and will have a tag listing the passenger’s name, ship, and stateroom number. The Cruise Line and CA assume no responsibility for carry-on luggage. Any luggage left at the pier will be forwarded at the passenger’s expense. Claims for luggage loss or damage must be made in writing to debarkation personnel prior to leaving the pier area.

26. RELEASE AND AUTHORIZATION FOR USE OF IMAGE, NAME, VOICE, AND LIKENESS:

26.1    The passenger understands that for each Cruise event CA hires photographers and camera staff who do or may produce promotional, advertising and publicity pictures, future shows for television or streaming and other video platforms for CA financial gain, and materials for CA, and that by making a reservation, by making payment to CA, and by boarding the Vessel or Ship where the CA event will take place, the passenger is willingly consenting to the use of their image, name, voice, and likeness at any time acquired during the event by CA and/or by its assignees, licensees, independent contractors, employees, successors, or associated entities (collectively “CA”). The passenger further hereby acknowledges that while on the Vessel they agree to be photographed and filmed and that their voice can be recorded.

26.2    In regard to the foregoing, nothing herein binds CA to use or not use any passenger’s image, name, voice, and/or likeness; and in any use case, including during the Cruise event or at any future time, the passenger will not receive any compensation of any amount or kind.

26.3     The passenger further agrees that in exchange for CA and the Cruise Line granting them access to the Vessel and providing them the benefits, services, and amenities during the Cruise, the passenger grants to CA the full unencumbered right in perpetuity and throughout the universe to use the passenger’s photograph, image, name, and likeness in video, and the passenger’s voice in any media of any of kind now known or hereinafter devised, including the right to assign and authorize the passenger’s photograph, image, name, and likeness in video, for CA’s promotion, advertising, or any other lawful purposes, without limitations, at CA’s sole discretion, including the right to edit, combine with other materials, or create any type of derivative materials thereof for the purpose of trade, advertising, sales, publicity, promotional, training, or otherwise, without compensation of any amount or kind to the passenger.

26.4   All rights in and to the intellectual property created thereof shall be owned by CA. The passenger further hereby waives any right of droit morale that may be afforded to them under the laws of any country and waives the rights to arrange, adapt, change, modify, limit, or deny use of the passenger’s photograph, image, name, video, likeness, and voice.

26.5   This release and assignment of rights and authorization includes all rights under any law, statute, or regulation now known or hereinafter devised, for the use of the materials, copyrights, or trademarks, and/or any other legal or equitable intellectual property right to the use or control thereof anywhere in the World. The passenger acknowledges that they have received good, fair, and adequate consideration for this authorization.

26.6     The passenger hereby agrees to release CA from any and all liability of any kind during the filming or other digital capture from the point of arrival and check-in, initial embarkation, all areas of the Vessel, and in all ports and destinations up to and including final disembarkation. The passenger’s release of liability extends to any claims and costs that may arise based on the grant of the use of their photograph, image, name, video, likeness, and voice.

26.7   THE PASSENGER CERTIFIES THAT THEY HAVE READ THIS RELEASE AND AUTHORIZATION AND THEY FULLY UNDERSTAND ITS CONTENTS. THEY UNDERSTAND THAT THEY MAY SEEK ADVICE OF AN ATTORNEY BUT MAY WAIVE THAT RIGHT. THE PASSENGER IS AWARE THAT THIS IS A RELEASE, AUTHORIZATION, ACKNOWLEDGEMENT, AND ASSIGNMENT OF THEIR PHOTOGRAPH, IMAGE, NAME, VOICE, AND LIKENESS RIGHTS, AND UNDERSTANDS THAT THIS IS A BINDING CONTRACT, AND THAT THE PASSENGER GRANTS THE RIGHTS STATED ABOVE OF THEIR OWN FREE WILL.

26.8   IF A PASSENGER DOES NOT DESIRE TO BE PART OF FUTURE ADVERTISING MATERIALS, THEY MAY RESCIND THIS RELEASE IN WRITING UPON ARRIVAL OR AT ANY TIME PRIOR TO LEAVING THE SHIP AT THE END OF THE EVENT. AFTER THE CRUISE EVENT ENDS, THE PASSENGER’S RIGHT TO RESCIND SHALL BE FOREVER WAIVED.

27. ZERO TOLERANCE POLICIES:

27.1  DRUGS: Both CA and the Cruise Line have a zero-tolerance policy regarding the use, possession, purchase, or distribution of illegal controlled substances. Any violation of this policy will result in disembarkation from the vessel as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such a case, CA and the Cruise Line shall not be liable for any refund or other compensation or damages.

27.2   THREATS & VIOLENCE: Both CA and the Cruise Line have a zero-tolerance policy regarding threats and violence, including but not limited to verbal or physical threats such as physical actions short of actual contact or injury (such as moving aggressively into another’s personal space); general oral or written threats to people or property and implied threats; violent behavior including any physical assault, with or without weapons; behavior that a reasonable person would interpret as being potentially violent (such as throwing things, pounding one’s fist on a desk or door, or destroying property); or specific threats to inflict physical harm. Threats, threatening behavior, or acts of violence against any passengers, including Ship staff, will not be tolerated. Violations of this policy will lead to cancellation of the offending passenger’s reservation, immediate disembarkation, arrest, and/or criminal prosecution as appropriate. In such cases, CA and the  Cruise Line shall not be liable for any refund or other compensation or damages.

27.3   DISCRIMINATION AND/OR SEXUAL HARASSMENT: Both CA and the Cruise Line have a zero-tolerance policy regarding discrimination and regarding sexual harassment. Unlawful discrimination occurs when an individual’s protected characteristic is used as a basis for adverse decisions affecting that individual. Prohibited discrimination and harassment includes, but is not limited to, sexual harassment and sexual violence. Discrimination and harassment encompass a wide range of conduct including ALL forms of unwelcome verbal, physical, and visual conduct and displays that are based on any of the protected characteristics mentioned in (a) below and which interfere with performance and/or create an offensive or hostile environment. The following are examples that constitute harassment, and the passenger understands that these lists are not all-inclusive:

 (a)   Verbal harassment, such as, but not limited to, jokes, epithets, slurs, and unwelcome remarks about an individual’s body, clothing or state of dress, age, race, ethnicity, religion, gender, sexual orientation, physical appearance, or abilities; or any derogatory comments or discussions of a sexual nature; and/or harassing remarks.

 (b) Physical harassment, such as physical interference with normal activity, impeding or blocking movement, assault, unwelcome physical contact or touching, staring at a person’s body, and threatening, intimidating, or hostile acts that relate to a protected characteristic.

 (c)   Visual harassment such as offensive or obscene emails, instant messaging, web blogs, photographs, calendars, posters, cards, cartoons, drawings and gestures, displays with sexually suggestive or lewd objects, unwelcome letters or notes, or any other graphic material that denigrates or shows hostility or aversion toward an individual because of the individual’s protected characteristics.

 (d)  Discrimination, sexual harassment, and/or violence against passengers, including Ship and Cruise staff, will not be tolerated. Violations of this policy will lead to cancellation of the offending passenger’s reservation, immediate disembarkation, arrest, and/or criminal prosecution as appropriate. In such cases, CA and the Cruise Line shall not be liable for any refund or other compensation or damages.

 (e)  Alcohol Consumption. The passenger acknowledges and agrees that the consumption of alcohol on the Cruise is entirely at their own risk. CA, the Cruise Line, and their respective affiliates, employees, agents, and representatives (collectively, the “Releasees”) assume no liability for any consequences resulting from the passenger’s alcohol consumption, including but not limited to illness, injury, accidents, property damage, or legal consequences.

The passenger is solely responsible for monitoring their alcohol intake and ensuring their behavior remains safe and appropriate. CA and the Cruise Line reserve the right, in their sole discretion, to refuse alcohol service to any passenger and to take appropriate action, including but not limited to removal from venues, confinement to quarters, or disembarkation at the passenger’s expense, if the passenger’s conduct becomes disruptive, dangerous, or violates any policies of CA, the Cruise Line, or applicable laws.

The passenger expressly waives any claims against CA and the Releasees arising from or related to their alcohol consumption, including claims related to personal injury, property damage, or incidents involving other passengers or third parties. The passenger further agrees to indemnify and hold harmless CA and the Releasees from any liability, damages, costs, or expenses (including legal fees) resulting from their alcohol consumption or any related conduct.

No refunds, credits, or compensation of any kind shall be provided to any passenger removed from the Cruise or otherwise subject to disciplinary action due to overconsumption of alcohol.

28. NO SMOKING / SMOKING POLICY:

28.1 SMOKING IS PROHIBITED IN PASSENGER STATEROOMS AND ON BALCONIES.
Violations of this policy will result in a $500 fine for each occurrence, which will be charged to the passenger’s sail & sign account, which is the passenger’s credit card on file.

28.2     Clearly marked “Designated Smoking Areas” are available onboard, including cigar lounges, a section of the nightclub and casino, and a portion of the open decks. SAFETY PRECAUTION: Passengers agree to properly dispose of cigarettes, cigars, and pipe tobacco, all of which are never to be thrown overboard. The use of electronic cigarettes is allowed within designated smoking areas only.

29. INDEPENDENT CONCESSIONAIRES: Passengers will find onboard the Cruise a number of independent concessionaires who operate shops, photography, gaming, and more. CA accepts NO responsibility whatsoever for the actions of these independent concessionaires arising from any passenger’s dealings with them. Passengers must contact and deal with or interact with concessionaires directly. The passenger understands and acknowledges that CA is an outside, independent promoter and does not operate the vessel controlled and owned by the Cruise Line.
30. VENDING: NO VENDING OF ANY KIND IS ALLOWED during the Cruise, except by approved CA sponsors or vendors. This includes, but is not limited to, the sale of any goods, products or the provision of spa, salon and hair cutting services, makeup, manicures, pedicures, massages, facials, threading, and the like. For further information, email support@theoldschoolcruise.com or support@superlegendscruise.com. The passenger will not make t-shirts, hats, posters, jewelry, or anything else to sell while on the Cruise. Anyone found in violation of this policy will have his or her unauthorized merchandise confiscated. This policy will be strictly enforced.

31. MEDICAL CARE – RISKS AND LIABILITY: The passenger assumes any and all risks associated with travel and transportation on the Cruise. While at sea or in port, the availability of medical care may be limited and/or delayed. The passenger acknowledges that all or part of the Cruise may be in areas where medical care and/or evacuation may not be available. The passenger agrees to fully indemnify and reimburse CA and/or the Cruise Line if either CA or the Cruise Line, in its sole discretion, advances to them the cost of emergency medical care, including medical evacuation and/or medical care provided ashore, as well as transportation and/or lodging in connection therewith. CA shall have no responsibility to advance any such costs. The passenger acknowledges that CA highly recommends the purchase of travel insurance to cover any unforeseen and unexpected medical expenses.
32. TRADEMARKS: All trademarks are the exclusive property of their respective owners. The information contained on CA websites and on all other pages and material relating to the Cruise, including any information regarding celebrity participation and programmed events, is subject to change at any time without notice. The details shown on websites and other materials are for informational purposes only. The Trademark owners and CA are not responsible for any errors, changes, and/or omissions resulting in pricing, inventory, or content discrepancies.
33. TRAVEL AGENTS: The passenger acknowledges and confirms that any travel agent they utilized in connection with the issuance of this CA booking is, for all purposes, the passenger’s agent and CA shall not be liable for any representation made by said travel agent. The passenger agrees that, at all times, they remain liable to CA for the price of the Cruise.

34. LIABILITY FOR DAMAGES CAUSED BY PASSENGER: The passenger shall be liable to, and shall reimburse CA for, any damage to the Vessel, or any property of CA or any Suppliers caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the passenger’s part; and the passenger shall further indemnify CA and Suppliers and each and all of their agents and servants against all liability that CA and Suppliers may incur toward CA or any person or government for any personal injury, death, or damage to property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the passenger’s part. The passenger shall be liable to CA and the Suppliers for any fines or penalties imposed on CA or Suppliers by any governmental authorities for the passenger’s failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs, crime, or excise.
35. RELEASE / WAIVER OF LAWSUIT / INDEMNIFICATION: The passenger understands and agrees:

Release, waive, discharge, hold harmless, and covenant not to sue CA and/or its current or former officers, directors, trustees, affiliates, agents, employees, independent contractors, subcontractors, consultants, advisors, vendors, volunteers, licensees, and assignees (collectively, the “Releasees” and each a “Releasee”) from any and all claims, demands, suits, regulatory complaints, judgments, losses, expenses, damages, liabilities, or responsibilities, including but not limited to reasonable attorneys’ fees and costs. This release applies to any claim or cause of action arising from or related to personal injury, death, illness, property loss, or any other loss resulting from the Risks, the Cruise, the Terms and Conditions, or the actions or omissions of the Releasees..

35.1   To defend, indemnify, and hold harmless the Releasees from any and all claims, demands, suits, judgments, losses, expenses, damages, liabilities, or responsibilities, including but not limited to reasonable attorneys’ fees and costs. This indemnification applies to any claim arising from or relating to, directly or indirectly, the Risks, exposure to or infection with COVID-19 (or any other illness or condition, whether related or unrelated), or its spread, resulting from participation in the Cruise, to the fullest extent permitted by law..

35.2    That the obligation to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Releasees applies to any and all claims of third parties, including, but not limited to, members of the passenger’s household and extended family, who may have been exposed to, or infected by COVID-19 or another illness, as a result of participation in the Cruise.

36. GENERAL LIMITATION OF LIABILITY:

36.1    The passenger agrees to release and hold harmless CA, from and against any claims, demands, suits, regulatory complaints, complaints, judgments, losses, expenses, damage, liability and/or responsibility, including, without limitation, reasonable attorneys’ fees and costs claims or cause of action arising out of or in connection with travel on and participation in the Cruise, including, but not limited to: (1) injury, death, or delay of passengers, or loss, damage, or delay of or to passengers’ baggage or other property, that may be caused, directly or indirectly, in whole or in part, from participation in the Cruise, including, without limitation, passenger’s use of or participation in any shore excursion, or onboard concession or athletic or recreational activity; (2) the passenger’s request for or selection of a roommate for the Cruise; (3) emotional distress, mental suffering or anguish, or psychological injury of any kind under any circumstances; (4) any change in scheduled Cruise events and/or celebrity appearances; (5) the Cruise Line’s exercise of its contractual rights; or (6) if a passenger entering into this agreement on behalf of any other passenger and/or the passengers’ group, party, or traveling companions, any claim arising out of their assertion that any other passenger was not authorized to agree on their behalf.

36.2    The passenger further agrees that CA shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by CA, nor for any intentional or negligent acts by Releasees committed while off duty or outside the course and scope of their employment. In the event a court of competent jurisdiction holds any of the foregoing to be unenforceable, then CA’s liability shall be limited to the maximum extent permitted by law.

36.3    The passenger agrees that their failure to comply with any of the provisions, covenants, or conditions of the T&Cs shall be a material breach, and that no adequate remedy exists at law if the passenger fails to perform, or breach any of its obligations hereunder, that it would be difficult to determine the amount of damages resulting therefrom, and that such breach would cause irreparable injury to CA. Therefore, CA shall be entitled to injunctive relief to prevent or restrain any breach of this agreement in addition to any other remedies available at law, in equity or otherwise specified herein.

36.4   If, notwithstanding the above, CA is found liable for any loss or damage relating to a passenger’s participation in the Cruise, the passenger agrees that such liability shall not exceed the amount paid by the passenger for their Cruise ticket.

37. DISPUTES, CHOICE OF LAW, AND JURISDICTION:

37.1  Any dispute arising from or related to this Agreement, including its existence, construction, interpretation, validity, enforcement, or termination, shall be governed by the procedural and substantive laws of California, USA, without reference to conflicts of law principles. The parties agree to resolve all disputes, claims, or causes of action related to the Cruise, the Terms and Conditions, or CA through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place before a sole arbitrator in California, and shall be the exclusive forum for dispute resolution, to the exclusion of any other court, venue, or jurisdiction. The passenger expressly waives the right to litigate any claims in court, including the right to a trial by jury, and further waives any objection to venue or jurisdiction in California..

37.2  The passenger agrees that any claims will be adjudicated on an individual basis, and the passenger waives the right to participate in a class-action, or other joint or representative action. For the sake of clarity, the passenger also agrees that they shall not initiate a class-action lawsuit or other joint legal proceeding against CA.

37.3   The passenger acknowledges and agrees that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Cruise, but in no event attorneys’ fees; and the passenger waives the right to claim any damages whatsoever, including, but not limited to, special, punitive, exemplary, consequential, or indirect damages of any kind whatsoever.

37.4  The passenger agrees to notify CA of any claims within thirty (30) days after the Cruise ends and to file any official claim within one (1) year of the incident.  The passenger acknowledges that this agreement expressly limits the statute of limitations to one (1) year..

38. CONFIDENTIALITY: The passenger agrees to keep the terms of this Agreement strictly confidential, including, but not limited to, the amount paid in consideration for the Cruise, except as may be required by any law, regulation, or legal, judicial, or administrative process or proceeding.

ENTIRE AGREEMENT: This agreement contains the entire agreement between CA and the passenger and supersedes any other agreements, written or oral, relating to the subject matter herein. Any waiver of any provision must be made in writing and signed by an authorized representative of CA. If any portion of this written agreement shall be determined to be invalid, then said portion shall be deemed severed from the Contract in such jurisdiction only, and all remaining portions shall remain in full force and effect.