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IMPORTANT NOTICE: Guests are advised to carefully read the terms and conditions of the Guest Ticket
Contract set forth below which affect your legal rights and are binding. The Guest’s attention is
specifically directed to Paragraphs 10 and 14 of the Terms and Conditions of the Guest Ticket Contract.
Acceptance or use of this Contract shall constitute the agreement of Guest to these Terms and
Conditions.
NORWEGIAN CRUISE LINE
Guest Ticket Contract
1. Definitions: This Contract is between the Carrier and the Guest. The “Guest” is each person whose
name appears on the face of this ticket and/or who uses the ticket for passage on the voyage described
in the ticket, and includes any accompanying minors, and any of their heirs, successors, assigns or
representatives. The word “Carrier” shall mean NCL (Bahamas) Ltd. doing business as Norwegian
Cruise Line and shall include its subsidiaries, affiliates, agents, assigns, as well as the vessel upon which
the voyage was booked or any vessel substituted in its place, including the master and crew of the
vessel(s) for Guest’s voyage. However, for voyages on the Pride of America, the word “Carrier” shall
mean NCL America LLC doing business as NCL America and shall include its subsidiaries, affiliates,
agents, assigns, as well as the vessel Pride of America, or any vessel substituted in its place, including
the master and crew of the vessel(s) for Guest’s voyage.
2. The Contract: The Guest agrees that this Contract governs the relationship between the Guest and
the Carrier, regardless of the Guest's age, whether the Guest purchased the ticket on his or her own
behalf, and/or whether the ticket has been held and/or presented by another person on behalf of the
Guest. The Guest agrees that, except as expressly provided herein, this Contract constitutes the entire
agreement between the Guest and Carrier, and shall supersede and exclude any prior representations
that may have been made in relation to the cruise to the Guest or anyone representing him/her by
anyone, including but not limited to anything stated in the Carrier's brochures, advertisements, and other
promotional materials, by Norwegian Cruise Line or NCL America employees or by third persons such as
travel agents. In the event of a direct conflict between a provision of this Contract and a provision of the
Cruise Industry Passenger Bill of Rights (PBOR) in effect at the time of booking, the PBOR controls. No
person other than the person(s) named in the Ticket Contract can use the Ticket Contract without the
express written agreement of the Carrier. This Contract is only valid for the cruise specified in the
accompanying ticket. The terms herein shall be binding upon payment of the cruise fare by the Guest and
Guest accepts and agrees to the terms upon presenting this Contract to the Carrier for boarding even if
no payment of the cruise fare has been made. The rights, defenses, immunities and limitations of liability
set forth herein shall inure to the benefit of the Carrier and all concessionaires, independent contractors
or other service providers; and affiliated or related companies, parents, subsidiaries, successors, assigns
or fictitiously named entities; all suppliers, shipbuilders, component part manufacturers; and its or their
owners, operators, managers, charterers, agents, pilots, officers, crew and employees.
3. Terms of Fare:
(a) Items Included in Fare: The fare paid by the Guest for this ticket includes transportation on the
vessel named herein, full board, and ordinary vessel food, but does not include beer, wine, spirits, sodas
or mineral waters, nor expenses incurred for other incidental or personal services/purchases. Fares do
not include certain taxes, fees, port expenses and charges imposed by governmental or quasi-
governmental authorities, including port authorities, service charges or the cost of the fuel supplement,
nor any security surcharges or similar incidental surcharges, for which passengers will be charged. If
governmental or quasi-governmental action results in any element of such taxes and fees exceeding the
estimates used by Carrier for purposes of computing the quoted amount, Carrier reserves the right to
pass through the extra amount. The Guest agrees that the Carrier shall not be liable to make any refund
to the Guest for tickets that are wholly or partially unused by the Guest except as otherwise expressly
stated in this Contract, any law or government regulation to the contrary notwithstanding. Refunds shall
be made as specified herein and in the cancellation policy section of the Terms and Conditions of the
cruise brochure, which policy is incorporated herein by reference.
(b) Upgrades/Errors: Carrier reserves the right to collect the fare in effect for the accommodations
selected by the Guest. Carrier shall be entitled to, but not obligated to, upgrade any guest free of charge
to higher priced accommodations, at the sole discretion of Carrier. Carrier shall not be obligated to honor
any booking resulting from, nor shall be responsible or liable whatsoever in connection with, misprints or
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errors of any kind, whether in brochures, advertisements, on the Internet, during the booking process or
otherwise, that result in Guest being undercharged for the cruise. Carrier reserves the right, prior to
sailing, to collect the correct fare or cancel the booking and refund any payment made by Guest. Carrier
reserves the right to cancel any booking and/or deny boarding to any Guest that maintains an outstanding
balance in any amount owed to Carrier.
(c) Service Charges: Certain members of Carrier’s crew are compensated by a combination of salary
and incentive programs that are funded in part by the service charge paid by each Guest. The charge ,
which is automatically added to your onboard account and subject to adjustment at your discretion, is
intended to reward service provided in all departments and job categories and is distributed to employees
according to Carrier's evaluation of job performance. A portion of the service charge collected by Carrier
is also used for fleet-wide crew welfare programs.
4. Carrier's Rules and Regulations:
(a) Guest's Agreement: The Guest agrees to abide by the rules of the Carrier, including, but not limited
to, the rules and regulations particularly set forth below, and to follow the lawful instructions of the
vessel's officers and crew, at all times. The Guest accepts that failure to do so constitutes a material
breach of this Contract which may subject the Guest, as well as any accompanying Guest(s), to
involuntary disembarkation without liability whatsoever to the Carrier for any refund or any other related
loss or expense to the Guest, and any accompanying Guest(s).
(b) Carrier's Right to Confine, or Refuse or Revoke Passage: The Guest recognizes and agrees that
the Carrier reserves the right, without incurring liability of any kind, to refuse or revoke passage to, or
confine to a stateroom, any Guest who, in the sole judgment of the Carrier or vessel's medical personnel,
may be refused admission into a port of landing or into the country of destination, or may be suffering
from a contagious disease, or for any other cause may endanger themselves or others, or become
obnoxious to others. Any Guest who is refused passage or otherwise denied any advertised benefit or
service under this paragraph shall not be entitled to receive any compensation whatsoever and shall
become liable for any resulting expenses incurred by the Carrier. Guest acknowledges that it is Carrier’s
policy that all Guests must be onboard the vessel one (1) hour prior to the departure time noted on their
cruise documents for the port of embarkation as well as one (1) hour before departure at all ports of call
and agrees that it is the Guest’s responsibility not to miss such final boarding time. Any Guest who fails to
board the vessel one (1) hour prior to departure is at risk of being left at the port of embarkation or port of
call. In such event, Carrier shall have the right without notice to depart without the Guest and Guest shall
be fully responsible to pay for or indemnify the Carrier from all expenses incurred to rejoin the vessel at
the next port or for his/her own return passage, including, but not limited to, government fees or fines,
visa fees, subsistence, lodging, air fare, launch fare, car hire or agency fees. In such event, Guest shall
not be entitled to a refund and shall be deemed to have breached this ticket contract. Further, in such
event, the entire fare shall be deemed fully earned by Carrier and no portion thereof shall be recoverable
by Guest.
(c) Guests under 21: Any Guest under 21 years of age is considered a minor. Any Guest under the age
of 21 must be accompanied in the same, connecting, or side by side stateroom by a Guest 21 years of
age or older at the time of embarkation who expressly agrees to be responsible for the under-21 Guest
throughout the cruise. The Guest agrees that this responsibility includes, but is not limited to, preventing
the under-21 Guest from violating the vessel's rules, including preventing the under-21 Guest from
purchasing and/or consuming alcohol and/or gambling on board the vessel, except as set forth herein.
Guests must be 21 years of age or older to purchase or consume alcohol. With the exception of Alaska
and Hawaii itineraries, Carrier permits Guests, between the ages of 18 through 20, to purchase and
personally consume wine and beer only while onboard and with the consent of an accompanying parent.
Authorization will be given only when the accompanying parent completes the Young Adult Alcoholic
Beverage Waiver form. This form can be obtained and completed at the Guest Services Desk upon
embarkation of the vessel. However, Guests 18 years of age or older are permitted to consume alcoholic
beverages when sailing on roundtrip European voyages without having to complete the Young Adult
Alcoholic Beverage Waiver form. Guests must be 18 years of age to engage in gambling on the vessel.
(d) Minors: If the Guest is an adult accompanying a minor or minors under the age of 18, and the adult
Guest is not a spouse, parent, or legal guardian of the minor(s), the adult Guest must present an original
Parent/Guardian Consent & Release Form, signed by both parents/legal guardians of the minor which
authorizes the minor's travel, and further authorizes medical treatment in case of emergency, to a
representative of the Carrier at the pier. If the adult Guest is the spouse of a minor, the adult Guest must
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present a certified copy of a valid marriage certificate to a representative of the Carrier at the pier. Failure
to present any of the aforementioned documentation may result in boarding being denied with no refund
provided. When accompanying a minor or minors on the vessel, the adult Guest agrees to be the agent of
such minor(s) for all purposes, to accept full responsibility for supervising such minor(s) and to bear full
responsibility for the actions of such minor(s). The adult Guest further agrees that the Carrier is not liable
for injury to minor(s) in the adult Guest's charge arising from the willful or negligent acts or omissions of
other Guests or persons who are otherwise not acting on behalf of the Carrier. The adult Guest also
agrees that under no circumstances will a minor be left aboard the vessel, other than in the care of the
vessel's Kids' Crew or Teen's Crew programs, while the adult Guest responsible for the minor leaves the
vessel for any reason, and in such circumstance the adult Guest agrees to indemnify and hold Carrier
harmless for any and all loss, injury, or death of the minor or any other person involving the minor
whatsoever.
(e) Forbidden Articles: The Guest agrees not to bring on board the vessel, under any circumstances,
any firearms or weapons of any kind, ammunition, explosives, or other substances of a dangerous nature,
nor animals of any kind, except service or guide animals, provided that the Guest notifies the Carrier,
prior to the cruise, of the Guest's intention to bring such animal and agrees to accept full responsibility for
any expense, damage, losses, or injuries associated with or caused by such animal. The Guest further
understands and agrees that any alcoholic beverages purchased ashore shall not be brought or
consumed aboard the vessel under any circumstances, but shall be delivered to the vessel's crew at the
gangway to be retained by the Carrier until the Guest disembarks at the end of the voyage. The Guest
assumes all responsibility for complying with any applicable customs or import laws relating to any such
purchase.
(f) No Soliciting: The Guest shall not solicit other Guests, the Carrier's employees, personnel or agents
during the voyage with respect to any professional, commercial, or business activity, whether for profit or
otherwise, without the prior written consent of the Carrier.
(g) Special Medical Care; Fitness to Travel: The Guest acknowledges that medical care while on a
cruise ship may be limited or delayed and that the ship may travel to destinations where medical care is
unavailable. Guest further understands that there may be circumstances beyond Carrier’s control which
may prevent or delay a medical evacuation or disembarkation. The Guest warrants that the Guest, and
those for whom the Guest is responsible, are fit to travel. Any condition of the Guest that may require
special attention or treatment of any kind should be reported to the Carrier by the Guest when a
reservation is requested. The Guest agrees not to present herself for boarding under any circumstances
if, by the time the Guest will conclude her travel with the Carrier, she will have entered the 24th week of
pregnancy. The Guest further understands and agrees that infants sailing onboard a vessel must be at
least six (6) months of age at time of sailing. However, for voyages that have three (3) or more
consecutive days at sea, the infant must be at least twelve (12) months old at time of sailing. Guests with
special needs are advised that certain international safety requirements, shipbuilding requirements,
and/or applicable regulations may cause difficulty for mobility-impaired persons or persons with severely
impaired sight and/or hearing. Guests requiring the use of a wheelchair must provide their own as any
wheelchairs available on the vessel are for emergency use only. For the convenience and comfort of such
Guests, they are strongly encouraged to bring a collapsible wheelchair. Guests are advised that standard
cabins are not designed to be barrier free and wheelchair accessible.
(h) Liability of the Guest: The Guest shall be liable to and shall reimburse Carrier for all damages or
loss of or to the vessel and its furnishings and any equipment or property of the Carrier or any other
Guest caused directly or indirectly, in whole or in part, by any act or omission of the Guest or those for
whom the Guest is responsible, whether willful or negligent, including but not limited to, theft or any other
criminal act. The Guest shall further indemnify the Carrier and each and all of their agents or servants
against all liability whatsoever arising from any personal injury, death or damage or loss whatsoever
caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of
the Guest or those for whom the Guest is responsible.
5. Limitations and Disclaimers of Liability:
(a) The Carrier and the Guest hereby agree there is no warranty, whether express or implied, as to the
fitness, seaworthiness, or condition of the vessel or any person on board, or any food, drink, medicine, or
provisions supplied on board the vessel. The Guest acknowledges that the Carrier is not an insurer of his
or her safety during the course of the voyage, and the Guest agrees that the Carrier shall not be liable in
any circumstances for any incident or injury arising from events occurring outside of the Guest areas of
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the vessel or outside of the vessel itself, including but not limited to those events occurring ashore
(including shore excursions), on tenders not owned or operated by the Carrier, on or resulting from
equipment not a part of the vessel, or upon docks and/or piers, or involving persons employed on board
the vessel acting outside the course and scope of employment.
(b) The Carrier disclaims all liability to the Guest for damages for emotional distress, mental suffering or
psychological injury of any kind not resulting from a physical injury to that Guest, nor from that Guest
having been at risk of actual physical injury, nor intentionally inflicted by the Carrier.
(c) On international cruises which neither embark, disembark nor call at any U.S. port and where the
Guest commences the cruise by embarkation or disembarks at the end of the Cruise in a port of a
European Member State, Carrier shall be entitled to any and all liability limitations and immunities for loss
of or damage to luggage, death and/or personal injury as provided under EU Regulation 392/2009 on the
liability of carriers to guests in the event of accidents. Unless the loss or damage was caused by a
shipping incident, which is 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 Regulation), Carrier’s liability is limited to no
more than 400,000 Special Drawing Rights (“SDR”) per guest (approximately U.S. $608,000, which
fluctuates depending on the daily exchange rate as published in the Wall Street Journal) if the guest
proves that the incident was a result of Carrier’s fault or neglect. If the loss or damage was caused by a
shipping incident, Carrier’s liability is limited to no more than 250,000 SDRs per guest (approximately U.S.
$380,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal).
Compensation for loss caused by a shipping incident can increase to a maximum of 400,000 SDRs per
guest 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 non-shipping incident) is limited to the lower of 250,000 SDRs per guest or
340 million SDRs per ship per incident. Punitive damages are not recoverable for cruises covered by EU
Regulation 392/2009. For a copy of EU Regulation 392/2009, visit http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF. In addition, Guests
embarking a cruise in a European Member State port are afforded rights under EU Regulation 1177/2010.
For additional information on EU Regulation 392/2009 please click here, and for information regarding EU
Regulation 1177/2010 please click here.
(d) In addition, and on all other cruises, Carrier and the vessel shall have the benefit of any statutory
limitation of liability or exoneration of liability available in the applicable forum, or under any applicable
national or international law, including, but not limited to, 46 U.S.C. §§ 30501 through 30509 and 30511.
(e) The Carrier shall not be liable for any injuries or damages which occur while participating in any
athletic or recreational activities aboard the vessel or onshore at any port of call, including, but not limited
to, Guest participation in snorkeling programs or Guest usage of any paddleball, rock climbing wall,
batting cage/pitching machine, bowling, bungee trampoline, ice skating, jet ski, rappelling wall, spider
web, golf, onboard water-slides, hippo slide, gymnasium, jogging, swimming, diving, health club and
sauna facilities. By utilizing said facilities, the Guest agrees to assume all risks arising therefrom and does
hereby fully release and discharge the Carrier from any and all claims, demands, damages, causes of
action, present or future, whether the same be known, anticipated or unanticipated, resulting from or
arising out of the Guest's use or intended use of said facilities and/or activities.
(f) For further provisions regarding limitations of the Carrier's liability, see also Sections 7 and 8, below.
6. Vessel and Voyage:
(a) Risk of Travel: The Guest admits and acknowledges that travel by ocean-going vessel occasionally
presents risks and circumstances that may be beyond the ability of the Carrier to reasonably control or
mitigate. The Guest's understanding includes all risks of travel, transportation, and handling of Guests
and baggage. Except as provided in paragraph 6(f), the Guest therefore assumes the risk of and releases
the Carrier from any injury, loss, or damage whatsoever arising from, caused by, or in the judgment of the
Carrier or Master rendered necessary or advisable by reason of: any act of God or public enemies; force
majeure; arrest; restraints of governments or their departments or under color of law; piracy; war;
revolution; extortion; terrorist actions or threats; hijacking; bombing; threatened or actual rebellion,
insurrection, or civil strife; fire, explosion, collision, stranding or grounding; weather conditions; docking or
anchoring difficulty; congestion; perils of the sea, rivers, canals, locks or other waters; perils of navigation
of any kind; lack of water or passageway in canals; theft; accident to or from machinery, boilers, or latent
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defects (even though existing at embarkation or commencement of voyages); barratry; desertion or revolt
of the crew; seizure of ship by legal process; strike, lockout or labor disturbance (regardless whether such
strike, lockout or labor disturbance results from a dispute between the Carrier and its employees or any
other parties); or from losses of any kind beyond the Carrier's control. Under any such circumstances the
voyage may be altered, shortened, lengthened, or cancelled in whole or part without liability to the Carrier
for a refund or otherwise.
b) Substitute Vessel: If the vessel does not sail on or about the advertised or scheduled date for any
reason, including fault of the Carrier, the Guest agrees that the Carrier shall be entitled to substitute any
other vessel or means of transportation, regardless of whether owned or operated by the Carrier, and to
re-berth Guests thereon or, at the Carrier's option, to refund the fare paid or a pro rata portion thereof,
without further liability for damages or losses of any kind whatsoever.
(c) Itinerary Deviation: The Guest agrees that the Carrier has the sole discretion and liberty to direct the
movements of the vessel, including the rights to: proceed without pilots and tow, and assist other vessels
in all situations; deviate from the purchased voyage or the normal course for any purpose, including,
without limitation, in the interest of Guests or of the vessel, or to save life or property; put in at any
unscheduled or unadvertised port; cancel any scheduled call at any port for any reason and at any time
before, during or after sailing of the vessel; omit, advance or delay landing at any scheduled or advertised
port; return to port of embarkation or to any port previously visited if the Carrier deems it prudent to do so;
substitute another vessel or port(s) of call without prior notice and without incurring any liability to the
Guest on account thereof for any loss, damage or delay whatsoever, whether consequential or otherwise.
(d) Transfer: The Guest agrees that the Carrier has an absolute right to transfer the Guest and/or the
Guest's baggage to other carriers, whether by water, rail or air, to or toward the ultimate destination. In
the event such substituted passage is for the convenience of the Carrier, it shall be at the Carrier's cost.
Otherwise, it shall be at the cost of the Guest.
(e) Compliance with Government Orders: The Carrier shall have the absolute right, without liability for
compensation to the Guest of any kind, to comply with governmental orders, recommendations or
directions, including but not limited to those pertaining to health, security, immigration, customs or safety.
In the case of quarantine, the Guest agrees to bear all risks, losses and expenses caused thereby and
will be charged for maintenance, payable day-by-day, if maintained on board the vessel for such period of
quarantine. The Guest assumes all risks and losses occasioned by delay or detention howsoever arising.
Costs connected with embarkation or debarkation of Guests and/or baggage and costs of transfer
between vessel and shore as a result of the circumstances enumerated in this paragraph must be borne
by the Guest.
(f) Mechanical Failures of the Vessel: In the event of cancellation of voyage due to mechanical failures
of the vessel, the Guest will be entitled to a full refund of the cruise fare, or a partial refund for voyages
that are terminated early due to those failures. In the event a voyage is terminated early due to
mechanical failure of the vessel, the Guest is also entitled to transportation to the vessel’s scheduled port
of disembarkation or the Guest’s home city, at Carrier’s discretion and expense, as well as lodging at the
unscheduled port of disembarkation, if required, at Carrier’s expense.
7. Baggage and Valuables:
(a) The term "baggage" means suitcases, valises, satchels, bags, hangers or bundles and their contents
consisting of clothing, clothing accessories, toilet articles, and similar personal effects, including all other
personal property of the Guest not in a container. The Carrier does not undertake to carry as baggage
any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents,
negotiable instruments, or other valuables, including but not limited to those specified in 46 U.S.C. §
30503. The Guest warrants that no such items will be presented to the Carrier within any receptacle or
container as baggage, and hereby releases the Carrier from all liability whatsoever for loss of or damage
to such items when presented to the Carrier in breach of this warranty. The Guest further warrants that he
or she has not carried onto the vessel any goods or articles for purposes of trade or commerce, nor
contraband, nor goods or articles which otherwise may violate the customs laws of the country from which
the vessel embarks or of any other port State visited by the vessel during the course of the voyage, and
the Guest agrees to indemnify the Carrier for any fines, duties, taxes, or other penalties that may be
incurred as a result of any item brought on board by the Guest. The Carrier shall not be liable for any loss
of or damage to any perishable items, dentures and/or other dental devices, optical devices (including
contact lenses), medications, cameras, recreational and/or sporting equipment, jewelry, cell phones,
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clothing, electronic devices, cash, securities or other negotiable instruments under any circumstances
whatsoever, whether carried within the Guest's baggage or otherwise.
(b) The Guest and Carrier agree and stipulate that the aggregate value of all the Guest's baggage and
any other property lawfully brought on board by the Guest, which shall include but not be limited to
photographic equipment, jewelry, watches, cell phones, clothing and cash, does not exceed U.S. $100.00
and any liability of the Carrier or the vessel for any cause whatsoever with respect to said baggage and
other property regardless of whether carried in baggage or by a Guest shall not exceed such sum unless
the Guest shall specify its true value, in writing, and pay to the Carrier before embarkation 5% of the
excess of such value, in which case the Carrier's liability, if any, shall be limited to the actual damage
sustained up to, but not exceeding such specified value. In no event shall Carrier be liable for normal
wear or tear of the Guest's property or baggage. (c) The Guest agrees that all disclaimers and limitations
of liability contained herein shall apply to all valuables stored or accepted for storage by the Carrier,
including valuables stored with the Carrier in safety deposit boxes or security envelopes. The Carrier
cannot accept responsibility for, and in no event shall be liable for, the loss of or damage to valuables or
other articles left in cabins, and in no event shall the Carrier be liable for loss of or damage to property of
any kind not shown by the Guest to have occurred while said property was in the Carrier's actual custody.
(d) The Guest agrees to promptly report any loss of or damage to baggage during loading or
disembarking, to the Carrier's personnel, prior to debarking the U.S. Customs area; the Carrier shall not
be responsible for any such loss or damage which is not so reported. Liability, if any, for loss or damage
to baggage occurring elsewhere than on board the vessel in connection with air, car, motor coach, ground
transfers, porters, stevedores and/or hotels shall rest solely with the person or entity providing such
services and the Guest agrees that the Carrier does not guarantee the performance of such services and
shall not be liable in any respect or capacity for any such loss or damage. (e) The Guest will not be liable
to pay nor entitled to receive any general average or salvage contribution or award in respect to property
taken by the Guest onto the vessel.
8. Independent Contractors:
(a) Off-Vessel Transport and Activities: The Guest recognizes and agrees that, if and when the Carrier
makes arrangements for the Guest for air transportation, hotel accommodations, ground transfers, shore
excursions, medical care and/or for other transportation, activities, services, facilities or amusements
occurring off of the vessel, the Carrier does so solely for the convenience of the Guest, the Carrier does
not act on behalf of or supervise the parties or persons who own, furnish, or operate such conveyances,
services or facilities, and the same are provided by independent contractors who work directly for the
Guest and Guest is subject to such terms, if any, appearing in the tickets, vouchers or notices of such
party or parties. Therefore, the Guest agrees that the Carrier assumes no responsibility for, nor
guarantees the performance of, any such person, party, contractor, service or facility, and that the Carrier
shall not be liable for losses or injuries arising from the acts or omissions of such person, party,
contractor, service or facility.
(b) Other Independent Contractors: The Guest recognizes that the persons providing other personal
services offered on the vessel, including but not limited to, hairdressers, manicurists, personal trainers,
and/or massage therapists are independent contractors who work directly for the Guest, and that the
Carrier shall not be held liable for any loss or injury arising from the performance of such services.
(c) Payment for Optional Services: Such parties or persons described in sub-sections (a) and (b),
above, shall be entitled to make a proper charge for any service performed for or on behalf of the Guest
and the cost of such service shall be the sole responsibility of the Guest.
(d) For-Profit Entity: Notwithstanding that the Carrier, at the Guest's option, arranges air transportation,
hotel accommodations, ground transfers, shore excursions and other services with independent suppliers
of such services, the Guest understands and agrees that the Carrier, being a "for profit entity", earns a fee
on the sale of such optional services.
(e) Indemnity: Guest acknowledges and agrees that in the event the Carrier is found liable to pay
damages to Guest based on the negligence or other wrongful conduct of any person or entity other than
the Carrier, or is found liable to any other person or entity based on Guest’s conduct, whether by way of
joint and several liability or otherwise, the Guest will indemnify and hold Carrier harmless for any and all
such conduct and/or damages. This agreement to indemnify and hold the Carrier harmless shall
specifically include, without limitation, all medical services provided on or off the vessel, as well as all
shore excursions, transportation or other facilities or activities provided or furnished by any person or
entity other than Carrier.
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9. Medical Services and Facilities: The Guest recognizes and agrees that the Carrier is not in the
business of providing medical services and/or operating medical facilities. To the extent that the vessel
provides a surgeon or physician, or if the vessel requests emergency or other medical care or evacuation
for the Guest on the Guest's behalf (hereinafter, "Medical Services"), it is understood and agreed that the
Carrier does so solely for the convenience of the Guest, that such Medical Services are provided by
medical professionals who work directly for the Guest, and that the Carrier does not undertake to
supervise, nor does it supervise or direct the actions of the person(s) providing such Medical Services.
The Guest therefore agrees that the Carrier cannot guarantee the performance of such Medical Services,
and that the Carrier shall not be liable for losses or injuries arising therefrom. Persons or entities providing
Medical Services shall be entitled to make a proper charge for any service performed for or on behalf of
the Guest, and the cost of such service shall be the sole responsibility of the Guest. The Guest hereby
agrees to reimburse and indemnify the Carrier for any funds advanced on account of any such charges.
10. Limitations on Actions:
(a) Suits for Injury or Death: The Guest agrees that no suit, whether brought in rem or in personam,
shall be maintained against the Carrier for emotional or physical injury, illness or death of Guest unless
written notice of the claim, including a complete factual account of the basis of such claim, is delivered to
the Carrier within 185 calendar days from the date of the incident giving rise to such injury, illness or
death; and no suit shall be maintainable unless commenced within one (1) year from the day of the
incident giving rise to such injury, illness or death, notwithstanding any provision of law of any state or
country to the contrary.
(b) Other Suits: Any and all disputes, claims, or controversies whatsoever, other than for personal injury,
illness or death of a Guest, whether brought in personam or in rem or 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 Guest's cruise, no matter how described, pleaded or
styled, between the Guest and Carrier, with the sole exception of claims brought and litigated in small
claims court, 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-Dade County, Florida, U.S.A. to the
exclusion of any other forum. Guest hereby consents to jurisdiction and waives any venue or other
objection that may be available to any such arbitration proceeding in Miami-Dade, Florida. The arbitration
shall be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute
Resolution Rules and Procedures and the Fee Schedule in effect at the time of filing the dispute with
NAM, which are deemed to be incorporated herein by reference. NAM can be contacted at 800-358-2550,
attention Commercial Claims Dept., 990 Stewart Avenue, First Floor, Garden City, NY 11530, to respond
to any questions regarding the arbitration process, as well as to request a copy of NAM’s current
Comprehensive Dispute Resolution Rules and Procedures and the Fee Schedule. NEITHER PARTY
WILL HAVE THE RIGHT TO A JURY TRIAL OR 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 (OTHER THAN SMALL CLAIMS COURT). THE
ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST 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.
Carrier and Guest further agree to permit the taking of a deposition under oath of the Guest asserting the
claim, or for whose benefit the claim is asserted, in any such arbitration. 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 14 below governing venue and jurisdiction shall exclusively apply to any
lawsuit involving claims described in this Section. In any event, no claim described in this Section may be
brought against Carrier unless written notice giving full particulars of the claim is delivered to the Carrier
within thirty (30) days of termination of the Cruise and legal action on such claim is commenced within six
(6) months from the date the claim arose, notwithstanding any provision of law of any state or country to
the contrary.
(c) Guest Waives Right to Class Action Relief: THIS CONTRACT PROVIDES FOR THE EXCLUSIVE
RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST'S OWN BEHALF
INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES
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OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER
WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY
CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY
LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST'S CLAIM IS SUBJECT
TO ARBITRATION UNDER SECTION 10(b) ABOVE, THE ARBITRATOR SHALL HAVE NO
AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS
SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION
CLAUSE SET FORTH IN SECTION 10(b) ABOVE, 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.
(d) Appointment of Guest as Legal Representative of Minor: If the Guest is traveling with his or her
natural born or adopted minor children, the Guest hereby agrees and stipulates to the appointment, upon
boarding of him/herself as the legal representative of such minor children within the meaning of 46 U.S.C.
§ 30508(d) upon boarding.
11. Travel Documentation: Upon embarkation, the Guest shall have in his or her possession, and
assumes all responsibility for obtaining, all visas, passports, certified birth certificates, travel and health
documents required by any governmental authority, and if he or she fails to do so the Carrier shall have
no further obligation to transport or to furnish transportation to the Guest. The Guest is advised to consult
his or her travel agent or the appropriate governmental authority concerning required documentation for
travel. The Guest shall indemnify the Carrier for all penalties, fines, charges, losses and expenses
imposed upon or incurred by the Carrier due to the Guest's failure to have proper documentation or
otherwise comply with applicable laws or regulations of any kind. Any stamps on tickets, customs, excise
or other taxes or fines on the Guest or the Carrier resulting from the Guest's conduct, embarkation
expenses, and all expenses of such a nature are to be paid by the Guest. If the Guest is denied boarding
for failing to comply with the requirements of this paragraph, the Carrier shall not be liable to refund the
Guest's fare or for any other damages or expenses whatsoever.
12. Use of Travel Agent: The Guest agrees that any travel agent utilized by the Guest in connection with
the purchase of the cruise or issuance of this Contract, or for any related or incidental air or ground
transportation or excursions, is solely the Guest's agent and the Guest shall remain liable to the carrier for
the full applicable cruise fare. The Carrier shall not be responsible for any representations, insolvency or
other conduct of a travel agent, including but not limited to such agent's failure to remit any portion of the
cruise fare to the carrier, or any refund to the Guest. The Guest agrees that receipt of any refunds or
notices by the Guest's travel agent, including this Contract, shall constitute receipt by the Guest.
13. Severability: Except as provided in Section 10(c) above, should any provision of this Contract be
deemed invalid for any reason, the Guest agrees that said provision is deemed to be severed from this
Contract and shall be of no effect, but all remaining provisions herein shall remain in full force and effect.
14. Venue and Governing Law: Except as otherwise specified herein, any and all disputes whatsoever
arising out of or relating to this Contract or the Guest’s cruise, as well as the interpretation, applicability,
and enforcement of this Contract shall be governed exclusively by the general maritime law of the United
States, which shall include the Death on the High Seas Act (46 USCS § 30302) without regard to choice
of law rules, which replaces, supersedes and preempts any provision of law of any state or nation to the
contrary. It is hereby agreed that any and all claims, disputes or controversies whatsoever arising from,
related to, or in connection with this Contract or the Guest's voyage, including any activities on or off the
vessel or transportation furnished therewith, with the sole exception of claims subject to binding
arbitration under Section 10(b) above, shall be commenced, filed and litigated, if at all, before the United
States District Court for the Southern District of Florida in Miami, Florida, U.S.A., or as to those lawsuits
for which the United States District Court for the Southern District of Florida lacks subject matter
jurisdiction, before a court of competent jurisdiction in Miami-Dade County, Florida, U.S.A., to the
exclusion of the Courts of any other country, state, city or county where suit might otherwise be brought.
15. Cancellation: Cancellation fees for cruise, air, land and other charges apply to all Guests on the
reservation. Cancellation fees for air, land and other charges will apply even if the reservation is not
cancelled in full. Gateway changes for air and name changes for cruise, air, land and other add-ons are
considered cancellations of those items. Cancellations must be telephoned to our Reservations
Department. Depending on when the cruise is cancelled, cancellation charges will be assessed pursuant
to the Terms and Conditions of the cruise brochure, and cancellation charges are subject to change
without notice. Air tickets issued by our Air/Sea Department for Guests on our Air/Sea Programs are
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refundable only to Carrier. Group Guest policies may differ and payment and cancellation charges may
differ by promotion. Refer to your travel agent, group booking agreement or promotion for specific terms
and conditions.
16. Use of Guest Likeness: The Guest consents to Carrier's use and display of the Guest's likeness in
any video, photograph or other depiction for any purpose, commercial or otherwise, without compensation
or liability of any kind. The Guest's consent extends to minors and other persons in the care and charge
of the Guest. Guest further agrees that any type of photograph or recording, in any audio or video format,
of the Guest, other guests, crewmembers, independent contractors, concessionaires, guest entertainers
or any other third party onboard any of Carrier’s vessels or depicting said vessels, their design,
equipment or any other feature or part of said vessels, shall not be used by Guest for any commercial
purpose, or other financial gain, personal or otherwise, including but not limited to in any media format or
broadcast, or for any other use without the express written consent of Carrier. Carrier is permitted to take
any and all reasonable measures to protect Carrier and enforce this provision.
LAND PACKAGES
Terms and Conditions
NCL (Bahamas) Ltd. d/b/a Norwegian Cruise Line and/or NCL America (hereinafter referred to as
“Norwegian Cruise Line”) grants the purchaser ("Purchaser") of this Land Package Voucher ("Voucher")
participation in this Ground Package Program. Purchaser hereby agrees by acceptance of this Voucher
and the services provided thereby, both on his/her behalf, and on behalf of any other person, including
minors, for whom this Voucher is accepted, to all terms and conditions set forth herein.
1. Responsibility:
Purchaser acknowledges that Norwegian Cruise Line does not own, control, maintain or supervise any
airlines, air carriers, motorcoaches, taxis, ground carriers, hotels, restaurants, tour operators, sightseeing
tours, or other transportation, facilities products, activities or services provided pursuant to this Voucher,
nor their providers or employees. Purchaser acknowledges and agrees that each such provider is an
independent contractor who is not and shall not be deemed an agent of Norwegian Cruise Line and that
Norwegian Cruise Line makes no warranty or other representation regarding the suitability or safety of
such providers or their conveyances, activities, facilities, products or services.
In arranging for the transportation of passengers, excursions, hotels, accommodations, food, lodging or
any other activities, facilities, products or services provided in connection with this Voucher, Norwegian
Cruise Line does so only as a convenience to the Purchaser and Purchaser hereby acknowledges and
agrees that Norwegian Cruise Line shall not be liable or responsible for any loss, damage, injury, death or
any other claim whatsoever arising out of any acts or omissions of any such provider or during any
activities described in this voucher, including but not limited to delay or inconvenience caused by late air,
car or motorcoach arrivals, nor for any loss or damage to baggage or other property of the Purchaser.
All personal property and personal effects shall be at "owner's risk" at all times and Carrier shall not be
responsible for any such property or personal effects. Purchasers are cautioned against the risk of
leaving personal articles in their hotel rooms or on conveyances. Norwegian Cruise Line does not assume
any responsibility or liability whatsoever for any items or personal effects lost or damaged during any
activity to which this Voucher applies.
In addition to the rights, defenses, immunities and limitations set forth in its Guest Ticket Contract, and
when not inconsistent with such Contract, Norwegian Cruise Line shall receive the benefit of all
disclaimers and limitations of liability applicable to or issued by airlines, air carriers, motorcoaches, taxis,
ground carriers, hotels, restaurants, tour operators or any other parties providing services pursuant to this
Voucher.
2. Price: Prices for this Ground Package Program do not include food, beverages or other incidental
items, fees and taxes not specified herein or in documents provided to Purchaser. Prices quoted are in
U.S. Dollars and are those in effect at the time of printing. Prices are subject to change without notice.
3. Cancellations: In the event of strikes, lockouts, civil disturbances, weather or any other reason beyond
its control, or in the interests of the safety and/or comfort of Purchaser or others, Norwegian Cruise Line
may, at its sole discretion, cancel any services provided hereunder and may, but is not obligated to, offer
substitute hotels or services and shall not be liable for any loss whatsoever to Purchaser by reason of
such cancellation or substitution.
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4. Severability: Should any provisions of these terms and conditions of this Voucher Contract be contrary
to or invalid by virtue of the law of any jurisdiction, the remaining provisions herein shall remain in full
force and effect.
5. Enforceability: Purchaser acknowledges and agrees that the terms and contained herein are
contractual and binding and not a mere recital and by acceptance of this Voucher Purchaser agrees to its
terms.
6. Entire Agreement: Except as otherwise provided for in the Guest Ticket Contract between Norwegian
Cruise Line and the Purchaser for Purchaser's cruise aboard Norwegian Cruise Line's ship, the terms and
conditions contained herein and in the Guest Ticket Contract shall be the entire agreement between
Norwegian Cruise Line and Purchaser and shall supersede all representations or conditions contained in
Norwegian Cruise Line's advertisements, notices, brochures, or other literature, or by Norwegian Cruise
Line or NCL America employees and all promises and agreements made or claimed to have been made
with Purchaser or any party representing Purchaser. In the event of any inconsistency between this
Voucher and the Guest Ticket Contract, the latter shall control.
7. Venue and Governing Law: Except as otherwise specified in the Guest Ticket Contract, it is hereby
agreed that the terms and conditions of this Voucher shall be governed and construed under the laws of
the State of Florida without regard to conflicts of law principles thereunder. It is hereby agreed that any
and all claims, disputes or controversies whatsoever arising from, related to, or in connection with this
Voucher or the Ground Package Program associated therewith, including but not limited to transportation,
with the sole exception of claims subject to binding arbitration under Section 10(b) of the Guest Ticket
Contract, shall be commenced, filed and litigated, if at all, before the United States District Court for the
Southern District of Florida in Miami, Florida, U.S.A., or as to those lawsuits for which the United States
District Court for the Southern District of Florida lacks subject matter jurisdiction, before a court of
competent jurisdiction in Miami-Dade County, Florida, U.S.A., to the exclusion of the Courts of any other
country, state, city or county where suit might otherwise be brought. (For further information, see
paragraphs 10 and 14 of the Guest Ticket Contract above.)