Crystal Yacht Cruises: General Ticket Terms & Conditions (Australia and New Zealand)
2019-2021 TICKET TERMS & CONDITIONS
Important notice to guests:
The following terms and conditions are the entire agreement between Crystal Cruises and you.
Please read the terms and conditions carefully, as they affect your legal rights, particularly: section 14 governing the provision of medical services and sections 8, 19, 20, 21, 22, and 23 limiting Crystal's liability for your death, illness, injury, or damage claims relating to baggage or personal property.
Certain laws such as the Competition and Consumer Act 2010 (Cth) any applicable Australian state-based consumer legislation and the Consumer Guarantees Act 1993 (NZ) (from here known as 'consumer laws'), are in place for your protection. They are designed to ensure our services are provided with due care and skill and are reasonably fit for a cruise holiday. Many consumer laws cannot legally be excluded or limited. These 'Terms & Conditions' do not alter any protection given by such consumer laws.
Crystal Cruises agrees to provide the Cruise on its Ship to the Guest for the Cruise Fare in accordance with the Ticket contract -
These terms have meanings as follows:
"Australian Consumer Law" or "ACL" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation;
"CCA" means the Competition and Consumer Act 2010 (Cth)
“CGA” means the Consumer Guarantees Act 1993 (NZ)
“Cruise” means the Voyage carried out in accordance with the Ticket;
“Cruise Fare” means the fare payable for the Voyage;
The term “Crystal Yacht Cruises” is equivalent to “Crystal Cruises” or “Crystal” and includes the Ship, its owner, operator, manager, charterer and agents, any and all affiliated or related companies and the sales representatives and all employees, officers, crew, pilots, and agents of such individuals and companies;
“Guest” refers to a passenger or passengers on the ship and includes every person named on the face of the Ticket;
“Ship” includes the ship named in the Ticket or any ship substituted for the ship named in the Ticket, and its tenders or any other means of conveyance controlled by Crystal Cruises;
“Ticket” refers to the document issued by Crystal for the Voyage;
“Ticket contract” means the Ticket, including the terms and conditions which are set out in this document, which form the contract for the Cruise.
"Total Fare" means the Cruise Fare plus any additional hotel and Extended Land Programs charges;
“Voyage” means the itinerary and all services to be supplied for the Cruise described in the Ticket.
2 Cruise Fare:
2.1 Cruise Fare includes all normal shipboard services and facilities plus all non-alcoholic beverages, select wines and liquors, and gratuities for housekeeping, dining and bar staff and select shore excursions. Displayed prominently along with the Cruise Fare or included in the Cruise Fare are all compulsory cruise port, security, navigation, berthing, stevedoring, and baggage handling/storage charges, fuel surcharges, fees or charges imposed by governmental or quasi-governmental authorities which are payable by the Guest.
2.2 Cruise Fare does not include certain shore excursions, sightseeing or meals ashore, taxes, gratuities incurred ashore, visa fees, laundry or valet service, or any item or service whatsoever of a personal nature, such as medical treatment, expenses incurred ashore in connection with medical treatment, medical condition, or medical debark/evacuations, massage, spa services or hairstyling for which separate charges may be imposed.
2.3 All offers made by Crystal may not be combinable with other promotions, apply to first two Guests in stateroom or Suite, are capacity-controlled, are subject to availability and may be changed or withdrawn at any time. Crystal Cruises reserves the right to change the Cruise Fare at any time before the Cruise is confirmed, such as if the Guest is on a waitlist and is subsequently confirmed, then the confirmation will be subject to Cruise Fares in effect on the date that the Cruise is confirmed. Once confirmed, the Cruise Fare may be subject to increased taxes, fees and port expenses. The Guest will be notified of any increases before the increase is added to the Cruise Fare or Guest's on board account.
2.4 Fuel surcharges may be added to advertised Cruise Fares to defray fuel cost increases, prior to confirmation of the booking.
3 Non-Transferability/Binding Effect:
3.1 The Ticket is valid only for the Guest or Guests named on the ticket for the Cruise and on the Ship indicated. The Ticket may not be sold or transferred. The Ticket contract is binding on, and confers benefits to, the Guest, the Guest’s spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. The Guest represents and warrants that he or she is duly authorized by and on behalf of all Guests (including children) named on the Ticket to agree to all of the terms and conditions of the Ticket contract and to accept that all such Guests are bound to the terms and conditions of the Ticket contract.
4.1 The Guest is required to be on board the Ship at least 2 hours before departure time. Prior to embarkation, the Guest is responsible for having received all medical inoculations necessary for the voyage, having in his or her possession the Ticket, a valid passport (with at least 6 months validity from the due date of return), visas and other documents necessary for the scheduled ports of call and disembarkation. If the Guest does not have proper documentation he or she may either be denied boarding, or will not be allowed to leave the Ship at the scheduled ports of call where their documentation is not in order.
4.2 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 Crystal for all penalties, fines, charges, losses and expenses imposed upon or incurred by Crystal 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 Crystal 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, Crystal shall not be liable to refund the Guest’s fare or for any other damages or expenses whatsoever.
5 Cancellations or Category Downgrades Prior to Embarkation; Guest's Travel Agent:
5.1 Cancellation or category downgrade requests must be made in writing (or by telephone confirmed in writing) to Crystal Cruises. The charts below set out the time by which the request must be received by Crystal Cruises prior to the Cruise departure date, and the cancellation or downgrade fee which will be charged as a percentage of the Total Fare which is referenced to the date of cancellation as it bears to the Cruise departure date.
5.2 In the event of a cancellation, a full refund of Total Fare (including cruise, hotel and Extended Land Programs); and in the event of category downgrade, full refund of the cruise-only difference between the original category and the downgraded category, will be made to the Guest through the travel agent, except as noted.
5.3 Guest agrees that losses sustained by Crystal in the event of Guest’s cancellation would be very difficult or impossible to quantify, and that the fees set out in the cancellation or category downgrade charts represent a fair and reasonable assessment as liquidated damages. Since a cancellation or category downgrade likely means a diminished opportunity to sell the same space on other cruises, the fees set out in the charts apply regardless of a name change or stateroom resale.
5.4 The refund / cancellation and category downgrade fees applicable to each Voyage and year are as follows:
CANCELLATION OR CATEGORY DOWNGRADE FEES CHARTS
ALL 2019 VOYAGES - Crystal Yacht Cruises
91 + days Full Refund
90-46 days to sailing 20%
45-31 days to sailing 50%
30 days to sailing 100%
ALL 2020 & 2021 VOYAGES - Crystal Yacht Cruises
121 + days Full Refund
120-90 days 25%
91-61 days to sailing 50%
60-31 days to sailing 75%
30 days to sailing 100%
For cancelled bookings made in AUD for 2020 & 2021, a non-refundable administrative fee will be issued in the form of a Future Cruise Credit*, per guest, as follows: AUS$500 on sailings regardless of length
For cancelled bookings made in USD for 2020 & 2021, a non-refundable administrative fee will be issued in the form of a Future Cruise Credit*, per guest, as follows: US$500 on sailings regardless of length
5.5 All appropriate refunds will be made to the Guest through their travel agent, except for those payments made by credit card, in which case the amount of the refund will be credited directly to the credit cardholder’s account. Any inquiries about a refund must be made by the Guest to their travel agent. Some travel agents may, at their discretion, withhold an agency cancellation fee. Please note that travel agents may have different cancellation and refund terms.
5.6 Crystal Cruises will not be responsible to ensure the receipt by the Guest of the refund monies, except for those refunds made directly to the credit cardholder’s account.
5.7 The Guest’s travel agent acts solely for the Guest and is deemed the agent of the Guest. Crystal Cruises is not responsible for the financial solvency or any actions of the Guest’s travel agent. If the Guest’s travel agent fails to remit to Crystal Cruises any money paid by the Guest to the travel agent, the Guest remains liable for the Cruise Fare due to Crystal Cruises, regardless of when Crystal Cruises demands the payment. Any refund made by Crystal Cruises to a travel agent on behalf of the Guest is considered, for purposes of this Ticket contract, as being the same as payment to the Guest, whether or not the travel agent delivers the refund money to the Guest. Receipt of any documentation or information by the Guest’s travel agent, including, but not limited to, this passenger contract, is treated as a receipt by the Guest.
6 Baggage, Valuables and Other Possessions:
6.1 Each Guest may bring aboard the Ship a reasonable amount of clothing and personal effects as checked baggage without charge. All checked baggage must be securely packed and distinctly labelled with the Guest’s full name, the name of the Ship, the stateroom number of the Guest and the departure date of the Ship. All checked baggage must be locked.
6.2 Guests must personally carry baggage containing breakable items and valuables, including, but not limited to, jewellery, watches, money, precious stones and metals, securities, cheques, other financial instruments and/or tickets, at all times during transit, and on and off the Ship. Guests must not give baggage containing breakable items or valuables to anyone at any time, including, but not limited to, porters, Ship personnel or anyone else who is not known personally to the Guest, regardless of any assurances given to Guest that it is safe to do so.
6.3 “At any time”, includes, but is not limited to, during transit to and from the airport, arrival at the Ship, boarding and checking into Guest’s stateroom, or at any other time while travelling.
6.4 Baggage containing breakable items or valuables remains the full and sole personal responsibility of the Guest at all times and may not be included with checked baggage. Guests are personally responsible for their baggage throughout the travel and are personally responsible to ensure that their valuables are carried to their staterooms and are stored appropriately in the stateroom safe or in the Ship safe available at the Reception Desk. Where Consumer Laws and other laws permit, Crystal Cruises will not be responsible for loss of or damage to any luggage or other belongings of the Guest, unless caused by Crystal's proven negligence or failure to provide services with due care and skill, or services that are reasonably fit for purpose.
6.5 Notwithstanding Paragraphs 6.4, 7 and 8.4, in limited circumstances Part 5, Subpart 1 of the Contract and Commercial Law Act 2017 (NZ) may apply to the carriage of Guest items. In any such case this Ticket shall be deemed to constitute a contract at limited carrier’s risk.
6.6 Weapons, ammunition, explosives, substances that are hazardous, disabling, or illegal, or any other article that in the opinion of the Captain of the Ship shall be deemed dangerous, are strictly prohibited aboard the Ship. Such additional dangerous articles include, but are not limited to, firearms, stun guns, swords, ice picks or knives. A more comprehensive list of prohibited items is available through Crystal Cruises’ Onboard Guest Services. Any such items shall be surrendered to the Captain at embarkation, and may be stored or disposed of at the sole discretion of the Captain of the Ship, without Crystal Cruises being responsible for loss or damage. If appropriate, confiscated items may be returned to guests at disembarkation, at the sole discretion of the Captain.
6.7 Crystal Cruises may deny boarding or disembark any person in possession of any weapons or illicit substances. Crystal Cruises may hand any of these items over to law enforcement agencies.
7 Liability Limitations for Loss of or Damage to Property:
7.1 Crystal Cruises provides safekeeping for valuables aboard the Ship for items up to the value of AUS $250.00 and encourages Guests to deposit any jewellery or other valuables brought aboard the Ship with the Reception Desk staff who will issue a receipt for such valuables. Crystal Cruises provides an in-room personal safe for your convenience. Where consumer laws and other laws permit, Crystal Cruises will not be liable for loss of, or damage to, any luggage or other belongings, unless caused by Crystal's proven negligence or failure to provide services with due care and skill, or services that are reasonably fit for purpose. In the event that Crystal Cruises is found to be liable for such loss/damage, claims for damaged items will be settled on the basis of the cost of repair or replacement of the goods. In the event a Guest should lose any items onboard during the cruise, please notify Reception immediately. All Guest property or personal belongings that are not deposited with the Reception Desk are the sole responsibility of the Guest. Where consumer laws and other laws permit, Crystal Cruises will not be liable for loss of, or damage to, any luggage or other belongings, unless caused by Crystal's proven negligence or failure to provide services with due care and skill, or services that are reasonably fit for purpose. Losses due to ordinary wear and tear, perils of the sea, acts of God, or any other cause beyond Crystal’s control are not reimbursable. In the event that Crystal Cruises is found to be liable for such loss/damage, claims for damaged items will be settled on the basis of the cost of repair or replacement of the goods. No amount shall be paid in settlement of any claim without proof of the actual cash value, or repair cost, as applicable, arising from the loss or damage. Such proof must be sent to Crystal Cruises. Crystal Cruises’ liability must also be proven before any settlement will be paid.
7.2 If a Guest travels by air or other transportation, the terms and conditions of carriage of the airline or other transportation provider apply to the Guest’s carriage of property on those conveyances, and Crystal Cruises shall not have any liability for loss or damage to luggage, valuables and other personal belongings arising out of, or related to, such air or other transportation.
8 Limitation of Liability:
8.1 Notwithstanding clause 21 hereof, in any case where the CCA applies, the following provisions regarding the limitation of liability shall apply in addition to, and to the extent of any inconsistency with, the other terms and conditions set out in this document.
8.2 Save for liability for significant personal injury caused by Reckless Conduct by Crystal Cruises or its servants or agents, Crystal Cruises excludes liability for all Excluded Recreational Liabilities arising out of the supply of Recreational Services.
8.3 In this clause:
(a) "Excluded Recreational Liabilities" means liabilities described in section 139(3) of the CCA which, without limitation, includes liability for death, physical or mental injury, or contraction or aggravation of any disease;
(b) "Reckless Conduct" has the meaning set out in section 139A(5) of the CCA; and
(c) "Recreational Services" has the meaning set out in section 139A(2) of the CCA.
8.4 Where consumer laws or other laws permit Crystal Cruises to exclude its liability, Crystal Cruises will not be liable for:
(a) loss of, or damage to, any baggage or other belongings; or
(b) sickness, injury or death, unless caused by Crystal Cruises' proven negligence or failure to provide services with due care and skill and that are reasonably fit for purpose.
8.5 In addition, Crystal Cruises' liability will be reduced in proportion to any negligence or fault on your part.
8.6 In the unlikely event you have reason to take legal action, you agree to use all reasonable efforts to bring the issue to Crystal Cruises' attention as soon as possible. You acknowledge that failure to bring any matter to Crystal Cruises' attention while onboard will limit Crystal Cruises' ability to investigate the matter following your cruise.
8.7 If a Guest suffers death or personal injury by accident at a time when the Guest has cover under the Accident Compensation Act 2001 (NZ), that cover shall provide the full extent of the Guest’s right to compensation for such death or personal injury.
9 Travel Insurance:
9.1 It is strongly recommended that you purchase appropriate international travel insurance as soon as you pay your deposit on the Cruise Fare. Without travel insurance, you will be responsible to bear cancellation charges, medical and hospital costs, repatriation, loss or damage to possessions, and any other associated costs yourself.
10 Itinerary/Right To Change/Detention:
10.1 Where consumer laws permit, Crystal Cruises reserves the right at its sole option and discretion and that of the Captain of the Ship without liability for damages or refund of any kind, to deviate before or during the Voyage from the Ship’s advertised or ordinary itinerary or route, to delay, advance or cancel any sailing, to omit or change ports of call, to arrange for substantially equivalent transportation by another vessel and/or by other means of transportation, to cause the Guest to disembark from the Ship temporarily or permanently, to tow or to be towed or assist other vessels or to perform any similar act which, in its sole judgment and discretion, is justified for any safety reasons.
10.2 Where consumer laws permit, Crystal Cruises may for any reason whatsoever cancel any sailing at any time before departure of the Ship. In such event, Crystal Cruises’ only liability will be to refund to the Guest the amount it has received for the Ticket. If the Voyage is cancelled due to mechanical failure of the Ship, the Guest will be entitled to a full refund of the cruise fare if the cancellation is before departure of the Ship, or a partial refund for voyages that are terminated early due to those failures. If the Voyage is terminated early due to mechanical failure of the Ship, the Guest is also entitled to transportation to the Ship’s scheduled port of disembarkation or the Guest’s home city, at the discretion and expense of Crystal Cruises, as well as lodging at the unscheduled port of disembarkation, if required, at the expense of Crystal Cruises.
11 Health / Pregnancy / Children / Disability / Wheelchair / Alcohol / Smoking / Security / Indemnification / Solicitation:
11.1 The Guest represents and warrants to Crystal that the Guest is physically, mentally and otherwise fit to travel; that the Guest has received all medical inoculations necessary and that he or she will at all times comply with the Ship’s rules and regulations and orders and directions of the Ship’s officers and medical staff; that his or her conduct will not impair the safety of the Ship or inconvenience other Guests. Crystal Cruises is unable to accommodate women who will enter their 24th week of pregnancy before or during the cruise.
11.2 Unrelated couples must be 18 or over to be booked in the same stateroom. Crystal Cruises is unable to accommodate children under 6 months of age and reserves the right to restrict the number of those under 3 years of age aboard the Ship. Any child under the age of 18 must be accompanied by an adult over the age of 21. In addition, if the adult accompanying this child is not a parent, a “Parental Consent Guardianship Form” must be signed by a parent or legal guardian and received by Crystal Cruises at least 30 days prior to sailing. Guests age 17 and under must be in a stateroom either with a parent or a guardian over 21 years of age. No one under the age of 18 is permitted in the Ship’s casino or to participate in any monetary-based games of chance (including Bingo) on board.
11.3 Crystal Yacht Cruises is dedicated to providing a comfortable cruise experience for all its guests. Crystal Yacht Cruises does not discriminate against any person on the basis of disability and shall make every effort to accommodate the needs of persons with disabilities. Guests acknowledge and understand that certain international, foreign or local safety requirements, standards, and/or applicable regulations involving design, construction or operation of the vessel, docks, gangways, anchorages or other facilities on or off the vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs.
11.4 The staterooms and public spaces onboard the Crystal Yachts do not have any elevators and there is no elevator access to board the yachts as they were originally constructed. As a result, the Crystal Yachts may not be suitable for people relying solely on wheelchairs for transportation.
11.5 Guests with disabilities should take note that not all ports are accessible. Gangways and port access vary greatly around the world and, in ports where the ship must anchor, guests are taken ashore in tenders and/or ferries which may not be wheelchair accessible, as well as zodiacs, which are not wheelchair accessible.
11.6 In the unlikely event of an emergency, all guests must be fully mobile and able to exit the yachts safely. If guests are unable to meet the minimum safety requirements, even when provided with appropriate auxiliary aids and/or services, Crystal Yacht Cruises may find it necessary to ask the guest to make alternative travel arrangements.
11.7 The Guest hereby consents to a reasonable search being made of the Guest’s person, baggage or other property, and to the removal and confiscation or destruction of any object which may, in the opinion of Crystal Cruises impair the safety of the Ship, be illegal or inconvenience other Guests.
11.8 The Guest understands and agrees that Guests must be at least 18 years old to be served wine and beer, and at least 21 years old to be served spirits. When docked or anchored in U.S. ports, within the three-mile limit, guests must be at least 21 years old to be served any alcoholic beverage. Guest agrees not to attempt to provide or consume alcoholic beverages in violation of this policy, either for themselves or others. Guest agrees to consume alcoholic beverages only in moderation and Crystal Cruises reserves the right to refuse alcoholic beverages to any intoxicated or underage Guest. Crystal Cruises reserves the right to prohibit and retain all liquor brought aboard the Ship. Guest agrees to abide by this provision.
11.9 Crystal Yachts Cruises is an entirely non-smoking product. All guests must observe the non-smoking policy. Anyone that does not follow this requirement will incur fines in accordance with this policy. If there is ongoing violation of the non-smoking policy, more stringent consequences, including disembarkation without refund, may be ordered by the Captain.
11.10 The Guest shall indemnify Crystal Cruises for all penalties, fines, charges, losses or expenses incurred or imposed upon Crystal Cruises or the Ship by virtue of an act or violation of law by the Guest in relation to the activities and conditions described in this section.
11.11 The Guest agrees that he or she shall not solicit for commercial purposes Guests or others on board the Ship, or advertise goods or services on board the Ship without the prior written permission of Crystal Cruises. Solicitation by vendors of goods and services, including, but not limited to, solicitation by travel agents, is strictly forbidden.
12 Right to refuse booking and passage, cancel reservation; confine guest to stateroom or disembark guest
12.1 Crystal Cruises reserves the right to refuse booking of passage on a Cruise to any person or to cancel Guest’s existing Cruise reservation for any reason and regardless of a Guest’s Crystal Society level or existing benefits. Any person(s) refused booking or passage in advance of the scheduled sailing by Crystal Cruises will be given a full refund of their Cruise Fare unless such refusal is due to the action or inaction of the Guest. Crystal Society milestones have no cash value and therefore will not be refunded.
12.2 Crystal Cruises, without any liability, including liability for refund, payment, compensation or credit, except as provided in this section, may disembark or refuse to embark a Guest because of the action or inaction of the Guest, confine the Guest in a stateroom, quarantine the Guest, restrain the Guest, change the Guest’s accommodation or disembark the Guest at any time if, in the sole opinion of Crystal Cruises, the Captain of the Ship or any physician, the Guest or any minor or other person in Guest’s care during the Cruise are unfit for any reason for the Cruise, or the Guest’s presence might be detrimental to the Guest’s health, comfort or safety or that of any other person, or in the judgment of the Captain of the Ship is advisable for any reason. The Captain of the Ship has the right in his sole discretion to make decisions in this regard for the safety and security of the Ship and the health, safety and security of those on board.
12.3 Crystal Cruises reserves the right to request a letter from the Guest’s physician attesting to the Guest’s fitness to travel, but by requesting such letter does not waive its right to disembark or refuse to embark the Guest as set forth herein. If the Guest is required to remain on board the Ship or elsewhere, due to injury, illness, or disability, or due to action of any government or authority, or for any other reason not the fault of Crystal Cruises, the Guest must pay or reimburse Crystal Cruises for all resulting costs and expenses including for food, transportation, accommodation, medical and/or repatriation services including but not limited to such costs incurred by or on account of services provided by a port agent and other shoreside service providers, including baggage shipping costs for the Guest and those accompanying the Guest. Guests who will enter the 24th week of pregnancy by the last day of the Cruise, may not book the Cruise or board the Ship.
12.4 If the Guest is refused passage or leaves the Ship prior to the end of the Cruise for any of the reasons described in this section or for other reasons including, but not limited to, personal, medical, or business reasons, Crystal Cruises will not be liable or required to refund any portion of the Cruise Fare, or to be responsible for any payment, compensation or credit of any kind or for any of the Guest’s costs.
12.5 The provisions of EU Regulation 1177/2010 on Passenger Rights when Travelling by Sea and Inland Waterway will apply where the port of embarkation is in the EU.
13 Independent Contractors/Shore Tours/Limit of Liability:
13.1 Tours, including pre-cruise, post-cruise and other shore excursions, including hotels, restaurants and transportation, whether by vessel, air, rail, land or other means, not owned or operated by Crystal Cruises, are not under the operation or control of Crystal Cruises. Crystal Cruises makes no representation of any kind as to those tours, and takes no responsibility for those tours, even if, as a convenience to Guests, Crystal Cruises provides an escort. Crystal Cruises takes no responsibility for air or other transportation under any circumstances. Guests must assume responsibility for their actions while ashore and for their participation in those tours and shore activities.
13.2 The Guest shall have no right to any refund and Crystal Cruises shall have no obligation or liability of any kind to the Guest for acts or omissions in connection with or arising out of arrangements with independent contractors, since they are not agents or employees of Crystal Cruises.
13.3 Arrangements with independent contractors include, but are not limited to, the following:
(a) services or products available for the Guest’s convenience on board the Ship and furnished by barbers, hairdressers, manicurists, masseurs, spa operators, photographers, entertainers, instructors, lecturers and others;
(b) services, products or transportation provided elsewhere than on board the Ship which are furnished by others in connection with sightseeing tours, pre-cruise and post-cruise tours, excursions and shore trips, including, but not limited to, tender service, whether arranged or organized by tour operators, travel agents or Crystal Cruises.
13.4 The independent contractors shall be entitled to charge for any products sold, services rendered or transportation provided to the Guest either directly or, as a convenience to Guests, through Crystal Cruises, for which services Crystal Cruises is entitled to impose a charge and earn a profit. Refunds will not be given for partially used services. No refund will be made for missed hotel nights or other program features due to airline delays or other factors beyond the control of Crystal Cruises. Hotel Programs and Extended Land Programs are subject to the same cancellation policy as described in “Cancellations Prior to Embarkation.”
13.5 Where Consumer Laws and other laws permit, the Guest and Crystal agree and intend that all rights, exemptions from liability, defences and immunities of whatsoever nature referred to in the Ticket contract applicable to Crystal Cruises and the Ship, including, but not limited to, Sections 5, 6, 7, 8, 10, 12, 14, 19, 20, 21 and 22, shall in all respects inure also for the benefit of certain third parties including: the Ship’s tenders, the officers, crew, pilots, agents or employees, and all concessionaires, independent contractors, physician and medical personnel, retail shop personnel, health and beauty staff, fitness staff, photographers, shore excursion providers, tour operators, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, regardless of whether provided at sea or on shore, and regardless of whether belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires.
13.6 Crystal assumes no liability for any acts or omissions of any airline, including, without limitation, those involving cancellation of flights, schedule changes, re-routings, damage to or delay or loss of baggage, flight delays, equipment failures, accidents, pilot or other staff shortages, overbooking or computer errors. In arranging transportation, Crystal acts solely for the convenience of the Guest and not as agent or principal for the air carrier. The liabilities and obligations of an airline to the Guest and the Guest's rights as an airline passenger are governed exclusively by the terms and conditions of the airlines’ tickets, conditions of carriage and tariffs.
13.7 Crystal Cruises does not own or operate the air carrier, ground transportation or hotels, and is not liable in any way for loss, damage, injury, illness or death arising in conjunction with the services provided by these independent contractors.
14 Non-Liability for Medical Treatment:
14.1 No doctor or nurse is employed by Crystal Cruises on the Ship. Any medical attention required or desired by Guest during the trip must be sought at local facilities. Crystal Cruises makes no representation or warranty that any such service is or will be available at any particular time or place. Guest shall be responsible for all costs and expenses of medical services, treatment, medications and assistive devices. Crystal Cruises shall have no liability for any cost of, or incurred in connection with, medical services, or for quality or any aspect of treatment Guest receives. Guest consents to receiving treatment by medical professionals designated by Crystal Cruises, and agrees to bear the cost of such treatment, in any circumstance in which Guest is or appears unable to request or authorize medical treatment and the Ship’s officer believes medical attention is necessary (even if such belief is incorrect).
14.2 All cruises on Crystal Cruises ships are outside the scope of Australian Medicare, New Zealand Accident Compensation Corporation and private health insurance. Consultations, medications and treatments are charged at private rates and are payable by the Guest and may be claimed through the Guest's international travel insurance.
14.3 It may be necessary for the Guest to obtain shoreside medical services during or after the cruise in countries in which a different standard of medical care applies than that to which the Guest may be accustomed. Crystal Cruises makes no warranty as to the quality of any such medical services. To ensure the Guest's safety, the decision to disembark the Guests for medical treatment if necessary will be made by the medical practitioner on board the Ship (the Ship's doctor) and the Captain.
14.4 The Guest hereby consents to treatment by the Ship’s doctor or other medical personnel, if any, or by a physician designated by Crystal Cruises, if subsequent to embarkation the Guest is unable to request or authorize such treatment and in the opinion of the Ship’s doctor needs medical attention.
14.5 The Guest shall be charged for medical services and for medications and supplies used for his or her medical treatment. The Guest, heirs and estate shall also be responsible for the payment of any medical expenses and other expenses in connection with medical debark and medical conditions incurred ashore.
15 Payments by the Guest and Extra Expenses:
15.1 Any and all payments by the Guest to Crystal Cruises shall be made in currency of the United States of America, or in other currency acceptable to Crystal Cruises. All charges for services and products provided on board the Ship must be settled in cash, traveller’s cheques, and personal cheques to limits acceptable to Crystal Cruises or credit card acceptable to Crystal Cruises before the Guest’s final disembarkation from the Ship. Any extra expenses incurred by the Guest or by Crystal Cruises on behalf of the Guest shall be payable by the Guest on demand.
16 No General Average:
16.1 Guests shall neither pay nor receive any general average contribution with respect to any property.
17 Use and Display of Likeness:
17.1 The Guest grants Crystal Cruises the exclusive right and licence to include photographic, video and other visual portrayals of the Guest in any pictorial medium of any nature whatsoever (the “Likeness”) for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to the Guest. All rights, title and interest in the Likeness (including all worldwide copyrights) shall be Crystal Cruises’ sole property, free from any claims by the Guest or any person deriving any rights or interest from the Guest. Crystal Cruises publishes and distributes a Guest List during each Cruise upon request. Guests who do not wish their names to be included in the Guest List must so advise Crystal Cruises no later than the time of embarkation on the Ship.
17.2 The Guest expressly agrees not to use any photograph, video recording or other visual or audio portrayals of the Guest and/or any other Guest in combination with the crew or the Ship, or depicting the Ship, its design or equipment or any part thereof whatsoever for any commercial purpose or in any media broadcast or for any other non-private use, without the express written consent of Crystal Cruises.
18 Privacy: Privacy laws safeguard your personal details.
18.1 During the booking process and your Cruise, Crystal Cruises ask for personal information about you. By providing this information, you authorise Crystal Cruises to handle your personal information in the ways indicated below:
(a) to collect personal information within the meaning of the Privacy Act 1988 (Cth) and/or the Privacy Act 1993 (NZ) about you:
(i) from any third party making a booking on your behalf for cruise administration purposes;
(ii) if you are travelling as part of a group – from any person in the group for cruise administration purposes;
(iii) from any third party where it is necessary to provide a health service to you (including a medical disembarkation) and you are unable to provide the information directly;
(iv) for security purposes;
(v) for accident/incident reporting, investigation and management purposes.
Where lawful and reasonably necessary to perform Crystal Cruises' functions or activities, Crystal Cruises may be required to collect sensitive information, including information about health, race and criminal record
(b) to disclose your personal information:
(i) to Crystal Cruises' service providers, including mailing houses, ticketing companies, marketing agencies, emergency response providers, claims processors and lawyers for the purpose of enabling them to provide relevant services;
(ii) to Crystal Cruises' booking centre which is located in Australia;
(iii) to Crystal Cruises' customer database service providers which are located in United States;
(iv) to related entities within the Crystal Cruises group of companies (headquartered in United States with registered branch offices in Australia) for cruise administration and business operation purposes;
(v) to your Travel Agent for cruise administration purposes, including any information relating to travel bans;
(vi) where you book as part of a group – to every guest in your group (excluding credit card details);
(vii) to an emergency contact person you have nominated for emergency management purposes;
(viii) to government departments/agencies/bodies responsible for customs, immigration, ports, quarantine and law enforcement, including police in Australia and each of the ports in your itinerary, for reporting purposes;
Where lawful Crystal Cruises may also be required to disclose sensitive information about you to the entities listed above.
(c) to use and disclose your personal information, and, where lawful, your sensitive information:
(i) for product research and development purposes, including conducting past guest surveys;
(ii) for sending you information about Crystal Cruises' products and services, including by email and messaging services such as SMS, and to Crystal Cruises contacting you by telephone and fax (you may request to be removed from Crystal Cruises' contact lists at any time);
(iii) for reporting, assessing, investigating, processing and otherwise managing accidents/incidents, including disclosures to lawyers and insurers;
(iv) for public health and quarantine purposes;
(v) for medical treatment (including medical disembarkation) purposes, including disclosures to health service providers, medical evacuation assistance companies, travel insurers, hotels, airlines, Travel Agents and, where you are unable to consent, next of kin.
(d) where your onboard expenses are charged to someone else’s credit card – to deliver onboard account statements regarding those expenses to the credit card holder;
(e) where Crystal Cruises needs to disclose your personal information to someone who is not in Australia or New Zealand (as the case may be) – to transfer your personal information outside those countries;
(f) where Crystal Cruises needs to disclose your health information to someone who is not in New Zealand or an Australian State or to a Commonwealth agency – to transfer your health information outside that Australian State or to the Commonwealth agency;
(g) in the event that you lodge a complaint or claim about any matter with or in relation to Crystal Cruises – to use and disclose your personal information for the purpose of reporting, assessing, investigating, processing, responding to and resolving your complaint or claim, including disclosures to relevant government departments/agencies/bodies, courts/tribunals, your Travel Agent, any authorised representative acting on your behalf and lawyers. You also authorise us to collect from any third party sensitive information about you within the meaning of the Privacy Act 1988 (Cth) and/or Privacy Act 1993, and for any third party to disclose personal information about you to Crystal Cruises, for the above-mentioned purpose.
18.2 References to the Privacy Act 1988 (Cth) shall, in New Zealand, be read as references to the Privacy Act 1993 (NZ) or any successor legislation, references to Australia and Australian State shall be read as references to New Zealand.
18.3 You have the right to see the personal information that Crystal Cruises holds about you, to check the details and to request correction of any errors.
1501 Biscayne Blvd
Miami, FL 33132
19 Notice Requirements For Claims:
19.1 For property, contract and all other non-personal injury claims: a written claim for loss of or damage to baggage, valuables and other personal belongings must be made to Crystal Cruises before the guest leaves the disembarkation area to enable Crystal Cruises to investigate any damage and to conduct a search for claimed lost articles. All other non-personal injury claims must be made in writing as soon as they arise. In respect of claims arising on cruises outside the U.S. and made under EU regulation 392/2009, liability for loss of or damage to property is limited to the amounts there specified. Guests embarking on a cruise in a European member state port are also afforded rights under EU regulation 1177/2010. For a copy of EU regulation 392/2009 and/or a copy of EU regulation 1177/2010, visit https://ec.europa.eu/transport/themes/passengers/maritime_en.
20 Force Majeure:
20.1 Except as provided in Paragraph 8, Crystal Cruises shall not be liable in any way to the Guest for death, injury, illness, damage, delay or other loss or detriment to person or property or for Crystal Cruises’ failure to commence, perform and/or complete any duty owed to the Guest if such death, injury, illness, damage, delay or other loss or detriment to person or property is caused by act of God, war or warlike operations, terrorist activities, civil commotions, labour difficulties (whether or not Crystal Cruises is a party to them), interference by authorities, requisitioning of the Ship, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Ship, fire, or any other cause whatsoever beyond the control of Crystal Cruises.
21 Choice of Law and Jurisdiction:
21.1 This contract is governed by the laws in force in Victoria. You agree that any action you bring against Crystal Cruises will be brought in Australia and will be subject to Victorian law. You hereby agree to only bring an action against Crystal Cruises, and not against any of its related bodies corporate as defined in the Corporations Act 2001 (Cth). In addition to the limitations of liability expressly provided in the this contract, Crystal Cruises shall be entitled to the maximum protection allowed by law, including any statutory protection as to the amount of damages recoverable. In no event, however, will Crystal Cruises be liable for any damage, loss, injury or death not caused by the negligence of Crystal Cruises, to the extent permitted by Australian law, as outlined by paragraph 8 of this contract.
21.2 In any case where New Zealand law is held to be the proper law of the Ticket contract, nothing in this Ticket contract shall be read as an attempt by Crystal Cruises to contract out of the Consumer Guarantees Act 1993 (NZ), and all provisions of this Ticket contract including all exclusions and limitations of liability shall be read subject to the Consumer Guarantees Act.
22.1 Should any provision of the Ticket contract be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision shall be deemed to be severed from the Ticket contract and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of the Ticket contract are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and vice versa.
23 Warranties/consequential damages excluded:
23.1 All warranties including warranties of fitness for use and merchantability are expressly excluded from this agreement, insofar as it is permissible under the applicable consumer laws. Crystal cruises shall not be liable for any indirect, special or consequential damages.
24 Notice Concerning Safety, Security and Health:
24.1 Crystal Cruises endeavours at all times to exercise reasonable care for Guests' comfort and safety on board its Ships. Crystal Cruises cannot guarantee freedom from all risks associated with war, terrorism, crime, health risks or other potential sources of harm. Crystal Cruises reminds all Guests that they must ultimately assume responsibility for their activities while ashore and for their other travel choices. The U.S. Dept. of State, the Australian Department of Trade and Foreign Affairs (DFAT) and government agencies regularly issue travel advisories and warnings to travellers giving details of local conditions in specified cities and countries according to such agencies’ perceptions of risks to travellers. Crystal Cruises recommends that Guests and their travel agents obtain and consider such information when making travel decisions.
25 Written Notices:
25.1 Except as otherwise expressly provided in the Ticket, all written notices required by the Ticket must be mailed, postage prepaid, to Crystal Cruises at:
1501 Biscayne Blvd
Miami, FL 33132
26.1 The provisions of the ticket represent the entire agreement and a binding contract between the Guest and Crystal Cruises. The Guest’s acceptance of the ticket constitutes the Guest’s consent to these provisions. These provisions supersede any oral or written representations, with the exception of the provisions of the Cruise Lines International Association (CLIA) passenger bill of rights, to which Crystal Cruises agrees and which is set forth on the crystal cruises website at crystalcruises.com.
26.2 If the provisions of the passenger Bill of Rights are inconsistent with the provisions otherwise set forth in this Ticket, then the provisions of the passenger Bill of Rights shall prevail. Any change in these provisions must be in writing and signed by the president of Crystal Cruises and may require a commensurate increase in fare. These terms & conditions are subject to change with notice. The provisions of the Ticket with respect to liability limitations, claims, time limits, notice, jurisdiction and dispute resolution are for the benefit of Crystal Cruises and any agents, independent contractors, concessionaires and/or suppliers of Crystal Cruises.
Crystal Yacht Cruises General Ticket T&C (Aus/Nz)
AUGUST 2019 (Ver. 12 Oct 2019)