12/2016
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