Crystal Yacht Cruises: General Ticket Terms & Conditions (U.S.)
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 THEM CAREFULLY, AS WE ARE BOTH BOUND BY THEM. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITH OR WITHOUT NOTICE.
THIS IS A CONTRACT WHICH AFFECTS YOUR LEGAL RIGHTS, PARTICULARLY SECTION 13 GOVERNING THE PROVISION OF MEDICAL SERVICES AND SECTIONS 7, 11, 12, 17, 18, 20, AND 21 LIMITING CRYSTAL'S LIABILITY FOR YOUR DEATH, ILLNESS, INJURY, OR DAMAGE CLAIMS RELATING
TO BAGGAGE OR PERSONAL PROPERTY, LIMITING YOUR RIGHT TO SUE, AND REQUIRING ARBITRATION FOR CETAIN CLAIMS AND WAIVER OF JURY TRIAL.
1. Definitions: The term “Ticket” refers to the terms and conditions of this Ticket contract as set forth herein. The term “Guest” refers to a passenger on the Yacht and includes every person named on the face of the Ticket; the term “Yacht” includes the Yacht named in the Ticket or any Yacht substituted for the Yacht named in the Ticket, and its tenders or any other means of conveyance controlled by Crystal Cruises; the term “Crystal Yacht Expedition Cruises” is equivalent to “Crystal Cruises” or “Crystal,” and includes the Yacht, 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.
2. Cruise Fare:
A) Cruise fare includes all normal shipboard services and facilities plus all nonalcoholic beverages, select wines and liquors, and gratuities for housekeeping, dining and bar staff. The cruise fare does not include cruise port, security, navigation, berthing, stevedoring, and baggage handling/storage charges, fuel surcharges, fees or charges imposed by governmental or quasi-governmental authorities, shore excursions, sightseeing or meals ashore, taxes, gratuities, visa fees, laundry or valet service, or any item or service whatsoever of a personal nature, such as medical treatment, expenses incurred on board or ashore in connection with medical treatment, medical condition, or medical debark, massage, spa services or hairstyling for which separate charges may be imposed. Transfers between the airport and Yacht on the day of embarkation and disembarkation are included for full-fare Guests purchasing Crystal Cruises’ Optional Air/Sea Program described below. Cruise fare does not include miscellaneous charges levied by the air carriers for services, including but not limited to luggage, meals, special seat assignments or any other airline-provided service, which are the Guest’s responsibility. Details regarding such fees are available on the individual airlines' websites.
B) All offers may not be combinable with other promotions, apply to first two Guests in stateroom or suite, are capacity-controlled, subject to availability and may be changed or withdrawn at any time. Crystal Cruises reserves the right to collect the
rate in effect at the time of sailing, including, but not limited to, the fact that if the Guest is on a waitlist and is subsequently confirmed, such confirmation will be subject to Cruise fares and Optional Air/Sea Program costs in effect on the
date that the cruise is confirmed. Fuel surcharges may be added at any time to defray fuel cost increases, even if the cruise fare has been paid in full.
3. Non-Transferability/Binding Effect: The Ticket is valid only for the Guest or Guests named on the ticket for the date and Yacht indicated. It may not be sold or transferred. The Terms and Conditions of the Ticket are binding on, and confer 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 and to bind all such Guests to such terms and conditions.
4. Embarkation: The Guest is required to be on board the Yacht at least 2 hours before departure time. At the time of embarkation, the Guest is responsible for having received all medical inoculations necessary for the voyage and having in his or her possession the Ticket, valid passport, visas and other documents necessary for the cruise scheduled ports of call and disembarkation. If the Guest does not have proper documentation he or she will not be allowed to board the Yacht.
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: Cancellation or category downgrade requests must be made by telephone or in writing to Crystal Cruises. The charts below set forth the time by which the request must be received by Crystal Cruises prior to the Optional Crystal Air/Sea Program or, for non-Air/Sea Guests, the Cruise, departure date (“Departure Date”), and the cancellation fee which will be charged. In the event of a cancellation, a full refund of total fare (including cruise, air, 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 herein below. Guest hereby 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 forth in the below 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 cancellation fees in the charts below apply regardless of a name change or stateroom resale. See information below for appropriate voyage and year policy.
Cancellation fees/penalties apply if booking is cancelled within penalty periods outlined below. The date of booking cancellation determines the applicable penalty amount. The penalty is applied as a percentage based on total fare and does not apply to taxes, fees and port charges.
2019 Yacht sailings
91+ days prior to sailing: Full Refund
90-46 days to sailing: 20% Penalty
45-31 days to sailing: 50% Penalty
30 days to sailing: 100% Penalty
2020 & 2021 Yacht & Expedition sailings
121+ days prior to sailing: $500 Administration Fee*
120-91 days to sailing: 25% Penalty
90-61 days to sailing: 50% Penalty
60-31 days to sailing: 75% Penalty
30 days to sailing: 100% Penalty
All appropriate refunds will be made to the Guest through the travel agent, except for those payments made by credit card, in which case the amount of the refund will be credited directly to the cardholder’s account. Any inquiries about a refund must be made by the Guest to the travel agent. Some agents may, at their discretion, withhold an agency cancellation fee. Crystal Cruises will not be responsible for the receipt by the Guest of refund monies, except for those refunds made to credit cardholder’s account. A travel agent used by the Guest acts solely for the Guest and is deemed the agent of the Guest. Crystal Cruises is not responsible for the financial condition or any actions of any such travel agent. If the agent fails to remit to Crystal Cruises any money paid by the Guest to the travel agent, the Guest remains liable for the fare due to Crystal Cruises, regardless of when Crystal Cruises demands the payment. Any refund made by Crystal Cruises to an agent on behalf of the Guest is considered, for purposes of these Terms and Conditions, 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, these Terms and Conditions, is deemed to constitute receipt by the Guest.
6. Baggage, Valuables and Other Possessions: Each Guest may bring aboard the Yacht a reasonable amount of clothing and personal effects without charge, subject to airline restrictions. All baggage must be securely packed and distinctly labeled with the Guest’s full name, the name of the Yacht, the stateroom number of the Guest and the Departure Date of the Yacht. All checked baggage must be locked.
A) Guest must personally carry baggage containing breakable items and valuables, including, but not limited to, jewelry, watches, money, precious stones and metals, securities, checks, other financial instruments and/or tickets, at all times during transit, including, but not limited to, on and off the Yacht. Guest should not give such baggage containing breakable items or valuables to anyone at any time, including, but not limited to, porters, Yacht 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, at any time, including, but not limited to, during transit to and from the airport, arrival at the Yacht, boarding and checking into Guest’s stateroom, or at any other time while traveling. Such baggage is the full and sole personal responsibility of the Guest at all times. Such baggage may not be included with checked baggage. Guests are personally responsible for their baggage throughout the travel process and should personally ensure that their valuables are carried to their staterooms and stored appropriately in the stateroom safe or in the Yacht safe available at the front desk. Crystal Cruises is not responsible for loss of or damage to any such items.
B) Weapons, ammunition, explosives, substances that are hazardous, disabling, or illegal, or any other article that in the opinion of the master shall be deemed dangerous, are strictly prohibited aboard the Yacht. 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 disposed of at the sole discretion of the Captain.
7. Liability Limitations for Loss of or Damage to Property: The total value of the luggage, valuables and other personal belongings of a Guest aboard the Yacht who does not purchase Crystal Cruises’ Cruise Protection Program, as set forth in paragraph 8, shall be deemed not to exceed the amount of U.S. $250 per Guest, and Crystal Cruises’ liability, if any, for loss of or damage to such belongings is limited to a maximum of U.S. $250 per Guest, unless the Guest shall deliver to Crystal Cruises, in writing and prior to embarkation, a declaration of the true value of the property and pay to Crystal Cruises prior to embarkation a sum equal to 5% of the excess of the agreed values set forth herein. In that event, the liability of Crystal Cruises, if any, shall be limited to the actual damage sustained up to, but not exceeding such specified value. If a Guest travels by air or other transportation, the terms and conditions of the airline or other transportation provider apply to the Guest’s carriage 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 travel.
A) Crystal Cruises provides an in-room personal safe for your convenience; however, Crystal Cruises shall not be liable, in any event, for any loss of or damage to money, jewelry, watches, precious stones and metals, securities, financial instruments, tickets, works of art, electronics, computers, digital or flash drive computer equipment, cellular telephones, cameras, video or audio tapes, CDs, binoculars, dental hardware, eyewear, hearing aids, medications, medical equipment, and/or other valuables stored in the in-room safe.
B) All settlements will be made on the basis of actual cash value (replacement cost, less depreciation) to the extent of the $250 limit of liability of Crystal Cruises. Claims for damaged items will be settled on the basis of cost of repair. 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.
C) Personal belongings lost while unattended in public lounges or other public areas, whether on board the Yacht or elsewhere, are not reimbursable. Losses or damage due to ordinary wear and tear, perils of the sea, acts of God, or any other cause beyond Crystal’s control are not reimbursable.
8. Cruise Protection Program: Crystal Cruises’ Cruise Protection Program is an optional travel insurance program available for purchase by Guests. The Cruise Protection Program is available for purchase from the time of booking up until final payment and becomes effective when Crystal Cruises receives payment of the required plan cost, in addition to any required cruise deposits or payments due.
A) Cancellation: Cancellation fees will be assessed according to paragraph 5, “Cancellations Prior to Embarkation.” Refunds, if any, will be made to Guests who have purchased the optional Cruise Protection Program and only in accordance with the terms and conditions of the Cruise Protection Program.
B) Baggage Protection: Coverage for loss of or damage to baggage and other personal property of Guests who purchase the optional Cruise Protection Program is described in the Cruise Protection Program. Other than as stated in Section 7 of these Terms
and Conditions, Crystal Cruises shall have no liability of any kind for any reason for loss of or damage to baggage or personal effects.
9. Itinerary/Right To Change/Detention: Crystal Yacht Expedition Cruises reserves the right at its sole option and discretion and that of the Captain of the Yacht without liability for damages or refund of any kind, to deviate from the Yacht’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 Yacht 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 reason. Crystal Cruises may for any reason whatsoever cancel any sailing at any time before departure of the Yacht. In such event, Crystal Cruises’ only liability will be to refund to the Guest the amount it has received for the Ticket. If a voyage is cancelled due to mechanical failure of the Yacht, 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. If a voyage is terminated early due to mechanical failure of the Yacht, the Guest is also entitled to transportation to the Yacht’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.
10. Health/Pregnancy/Children/Disability/Wheelchair/Alcohol/Smoking/Security/ Indemnification/Solicitation:
A) The Guest represents and warrants that the Guest is physically, mentally and otherwise fit to travel; that Guest has received all medical inoculations necessary and that he or she will at all times comply with the Yacht’s rules and regulations and orders and directions of the Yacht’s officers and medical staff; that his or her conduct will not impair the safety of the Yacht or inconvenience other Guests. Crystal Cruises is unable to accommodate women who will enter their 24th week of pregnancy before or during the cruise.
B) Unwed, 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 Yacht. 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 and notarized 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. Guests must be 18 years of age to gamble on the Yacht. If the adult guest is the spouse of the minor, a valid marriage certificate must be presented.
C) Crystal Yacht Expedition Cruises is dedicated to providing a comfortable cruise experience for all its guests. Crystal Yacht Expedition 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.
The staterooms and public spaces onboard the 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 Yachts may not be suitable for people relying solely on wheelchairs for transportation.
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 Yacht must anchor, guests are taken ashore tenders and/or ferries which may not be wheelchair accessible, as well as zodiacs, which are not wheelchair accessible.
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 Expedition Cruises may find it necessary to ask the guest to make alternative travel arrangements.
The Guest agrees to accept full responsibility for any service animal and to defend, indemnify and hold harmless Crystal against any injury, loss, damage or expense whatsoever related to the presence of service animal aboard the Yacht.
D) 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 Yacht crew, or other Guests or be illegal or inconvenience other Guests.
E) 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 in international waters. 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 Yacht. Guest agrees to abide by this provision.
F) Crystal Yacht Expedition Cruises is largely a non-smoking product. Smoking is not permitted anywhere indoors on Crystal Esprit. A small area on an outside deck has been designated as a smoking area. 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.
G) The Guest shall be liable to and shall reimburse Crystal for all damages or loss of or to the Yacht and its furnishings and any equipment or property of Crystal 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 Crystal 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.
H) The Guest agrees that he or she shall not solicit for commercial purposes Guests or others on board the Yacht, or advertise goods or services on board the Yacht 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.
11. RIGHT TO REFUSE BOOKING AND PASSAGE, CANCEL RESERVATION; CONFINE GUEST TO STATEROOM OR DISEMBARK GUEST.
A) 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 or no 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 refund of their Cruise Fare unless such refusal is due to the action or inaction of Guest. Crystal Society milestones have no cash value and therefore will not be refunded.
B) Crystal Cruises, without any liability, including liability for refund, payment, compensation or credit, except as provided herein, may disembark or refuse to embark Guest because of the action or inaction of Guest, confine Guest in a stateroom, quarantine Guest, restrain Guest, change Guest’s accommodations or disembark Guest at any time if, in the sole opinion of Crystal Cruises, the Captain or any Yacht doctor, Guest or any minor or other person in Guest’s care during the Cruise are unfit for any reason for the Cruise, or Guest’s presence might be detrimental to Guest’s health, comfort or safety or that of any other person, or in the judgment of the Captain is advisable for any reason. The Captain of the Yacht has the right in his sole discretion to make decisions in this regard for the safety and security of the Yacht and the health, safety and security of those on board.
C) Crystal Cruises reserves the right to request a letter from Guest’s physician attesting to Guest’s fitness to travel, but by requesting such letter does not waive its right to disembark or refuse to embark Guest as set forth herein. If Guest is required to remain on board the Yacht 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, 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 port agent and other shoreside service providers, including luggage shipping costs for Guest and those accompanying Guest.
D) If the Guest is refused passage or leaves the Yacht 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 Ticket price, or to be responsible for any payment, compensation or credit of any kind or for any of the Guest’s costs.
E) The provisions of Regulation 1177/2010 on Passenger Rights when Travelling by Sea and Inland Waterways will apply where the port of embarkation is in the European Union.
12. Independent Contractors/Shore Tours/Limit of Liability:
A) 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, and Crystal Cruises makes no representation of any kind as to them, and takes no responsibility for them, 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 shore activities.
B) 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. Arrangements with independent contractors include, but are not limited to, the following: i) services or products available for the Guest’s convenience on board the Yacht and furnished by barbers, hairdressers, manicurists, masseurs, spa operators, photographers, entertainers, instructors, lecturers and others; ii) services, products or transportation provided elsewhere than on board the Yacht which are furnished by others in connection with visas, passports, 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.
C) 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.”
D) Guest and Crystal agree and intend that all rights, exemptions from liability, defenses and immunities of whatsoever nature referred to in these Terms and Conditions applicable to Crystal Cruises and the Yacht, including, but not limited to, Sections 5, 6, 7, 9, 11, 12(F), 13, 17, 18, 19, 20, and 21 shall in all respects inure also for the benefit of certain third parties including: the Yacht’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 Yacht or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires.
E) Crystal Cruises will arrange air transportation upon a Guest’s request as a separate service. If a Guest chooses this optional service, Guest authorizes Crystal Cruises to select the air carrier, routing and schedule and to substitute charter flights for scheduled air or vice versa. If due to any cause beyond its control, Crystal Cruises is unable to arrange for air travel or the air travel arranged is unavailable or otherwise fails to materialize, Crystal Cruises’ liability will be limited to refunding the optional air add-on amount paid to Crystal less any applicable change or special deviation fees. 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 and tariffs.
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.
F) Guest acknowledges and agrees that in the event Crystal is found liable to pay damages based on the negligence or other wrongful conduct of any person or entity other than Crystal, whether by way of joint and several liabilities or otherwise, the Guest will indemnify and hold Crystal harmless for any and all such conduct and/or damages. This agreement to indemnify and hold Crystal harmless shall specifically include, without limitation, all medical services provided on or off the Yacht, as well as all shore excursions, transportation or other facilities or activities provided or furnished by any person or entity other than Crystal.
13. Non-Liability for Medical Treatment:
A) Medical Services and Facilities: The Guest recognizes and agrees that Crystal is not in the business of providing medical services and/or operating medical facilities. To the extent that the Yacht provides a surgeon or physician, or if the Yacht 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 Crystal 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 Crystal 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 Crystal cannot guarantee the performance of such Medical Services, and that Crystal 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 Crystal for any funds advanced on account of any such charges.
B) Doctors and/or nurses are on board the Yacht for the treatment of crew members and for the convenience of the Guest and at the request of the Guest, give medical assistance to the Guest. Crystal Cruises does not undertake to treat or care for the Guest medically. Crystal Cruises shall not be liable for any aspect of medical treatment provided to the Guest, including, but not limited to, the consequences of any examination, advice, diagnosis, medication, treatment, prognosis or other professional services which such doctors or nurses may furnish the Guest. It may be necessary for the Guest to obtain shoreside medical services during or after the cruise in countries other than the United States 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.
C) The Guest hereby consents to treatment by the Yacht’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 Yacht’s doctor needs medical attention.
D) The Guest shall be charged for medical services and for medications and supplies used for his or her medical treatment. The Guest shall also be responsible for the payment of any medical expenses and other expenses in connection with medical debark and medical conditions incurred ashore.
14. Payments by the Guest and Extra Expenses: Any and all payments by the Guest to Crystal Cruises shall be made in currency of the United States of America, or other currency acceptable to Crystal Cruises. All charges for services and products provided on board the Yacht must be settled in cash, traveler’s checks, and personal checks to limits acceptable to Crystal Cruises or credit card acceptable to Crystal Cruises before the Guest’s final disembarkation from the Yacht. Any other expenses incurred by the Guest or by Crystal Cruises on behalf of the Guest shall be payable by the Guest on demand.
15. No General Average: Guests shall neither pay nor receive any general average contribution with respect to any property.
16. Use and Display of Likeness: Crystal Cruises has the exclusive right to include photographic, video and other visual portrayals of Guest in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation or liability to Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Crystal Cruises’ sole property, free from any claims by Guest or any person deriving any rights or interest from Guest.
Guest expressly agrees not to use any photograph, video recording or other visual or audio portrayals of Guest and/or any other Guest in combination with crew or the Yacht, or depicting the Yacht, 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. Crystal is permitted to take any and all reasonable measures to protect Crystal and enforce this provision.
17. TIME LIMITS AND NOTICE REQUIREMENTS FOR CLAIMS:
A) FOR ILLNESS, INJURY OR DEATH: ANY INCIDENT OR ACCIDENT RESULTING IN EMOTIONAL INJURY, BODILY INJURY, ILLNESS OR DEATH TO A GUEST MUST BE REPORTED IMMEDIATELY TO A YACHT’S OFFICER. CRYSTAL CRUISES WILL NOT BE LIABLE THEREFORE AND NO LAWSUIT MAY BE BROUGHT EXCEPT AS PROVIDED BY LAW AND THEN ONLY IF WRITTEN NOTICE GIVING FULL PARTICULARS OF THE CLAIM IS DELIVERED TO CRYSTAL CRUISES WITHIN 6 MONTHS OF THE INCIDENT OR ACCIDENT AND SUIT IS FILED WITHIN 1 YEAR OF THE INCIDENT OR ACCIDENT ALLEGED TO HAVE CAUSED THE INJURY, ILLNESS OR DEATH, AND SERVED WITHIN 90 DAYS OF SUCH FILING. IF A WRITTEN CLAIM IS NOT MADE AND SUIT IS NOT FILED AND SERVED WITHIN THE TIME PROVIDED IN THIS PARAGRAPH, THEN THE GUEST WAIVES AND RELEASES ANY RIGHT HE OR SHE MAY HAVE TO MAKE A CLAIM AGAINST CRYSTAL CRUISES FOR ANY SUCH EMOTIONAL INJURY, BODILY INJURY, ILLNESS OR DEATH. B) 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; ANY LEGAL ACTION MUST BE INITIATED WITHIN 6 MONTHS FROM THE DATE THE GUEST DISEMBARKS FROM THE YACHT AND SERVED WITHIN 90 DAYS FROM THE DATE OF INITIATION OR THE GUEST WAIVES AND RELEASES ANY RIGHT HE OR SHE MAY HAVE TO MAKE A CLAIM AGAINST CRYSTAL CRUISES FOR ANY SUCH LOSS OR DAMAGE. IN RESPECT OF CLAIMS ARISING ON CRUISES OUTSIDE THE U.S. MADE UNDER EUROPEAN UNION REGULATION 392/2009, LIABILITY FOR LOSS OF OR DAMAGE TO PROPERTY IS LIMITED TO THE AMOUNTS SPECIFIED THEREIN. GUESTS EMBARKING A CRUISE IN A EUROPEAN MEMBER STATE PORT ARE ALSO AFFORDED RIGHTS UNDER EUROPEAN UNION REGULATION 1177/2010. FOR MORE INFORMATION ABOUT THE APPLICABLE EUROPEAN UNION REGULATIONS, PLEASE VISIT HTTP://WWW.CRYSTALCRUISES.COM/LEGAL.ASPX?STB=1&JLT=EU|REGULATION&TPTB=78.
FOR A COPY OF EU REGULATION 392/2009, VISIT HTTP://EUR-LEX.EUROPA.EU/LEGAL-CONTENT/EN/TXT/?URI=URISERV:TR0018. FOR A COPY
OF EUROPEAN UNION REGULATION 1177/2010, VISIT HTTP://EUR-LEX.EUROPA.EU/LEGAL-CONTENT/EN/ALL/?URI=CELEX:32010R1177.
18. Liability Limitation for Loss of Life or Injury:
A) Crystal Cruises hereby disclaims all liability to the Guest for damages for infliction of emotional distress, mental anguish or psychological injury of any kind under any circumstances, when such damages were not the result of physical injury to the Guest caused by the intentional misconduct of Crystal Cruises, not the result of the Guest having been at actual risk of physical injury where such risk was caused nor intentionally inflicted by Crystal Cruises.
B) The liability of Crystal Cruises for the death of or injury to a Guest shall be subject to all exemptions from and limitations of liability provided in or authorized by the laws of the United States and all of the restrictions and exemptions from liability provided in the Ticket. Crystal Cruises shall have the benefit of all Statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including, but not limited to, Statutes of the United States of America as set forth at 46 U.S.C. Sections 30501 – 30509 and 30511. Nothing in the Ticket is intended to nor shall operate to limit or deprive Crystal Cruises of any such statutory limitation of or exoneration from liability, or of the benefits of any statute or law of any country which might be applicable providing for exoneration from or limitation of liability.
C) For all cruises that do not call at a port of the United States of America and begin or end in a European Union member State, Crystal's liability is limited to no more than 400,000 Special Drawing Rights ("SDR") per passenger, (approximately U.S. $552,000
as of October 2016 which fluctuates depending on the daily exchange rate as published by the International Monetary Fund at http://www.imf.org/external/np/fin/data/rms_sdrv.aspx) if the passenger proves that the incident was a result of Crystal's
fault or neglect. If the loss or damage was caused by a shipping incident, which is defined as a shipwreck, capsizing, collision or stranding of the Yacht, explosion or fire in the Yacht, or defect in the Yacht (as defined by EU Regulation 392/2009),
Crystal's liability is limited to no more than 250,000 SDRs per passenger (approximately U.S. $345,000, which fluctuates depending on the daily exchange rate as published by the International Monetary Fund at http://www.imf.org/external/np/fin/data/rms_sdrv.aspx).
Compensation for loss caused by a shipping incident can increase to a maximum of 400,000 SDRs per passenger unless Crystal proves that the shipping incident occurred without Crystal'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, Crystal'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 passenger or 340 million SDRs per Yacht per incident. Punitive damages are not recoverable for cruises covered by EU Regulation 392/2009.
For more information about EU regulations, please visit http://www.crystalcruises.com/legal.aspx?stb=1&JLT=EU|Regulation&tptb=78.
For a copy of EU Regulation 392/2009, visit http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV:tr0018.
D) Crystal shall not be liable for any injuries or damages which occur while participating in any athletic or recreational activities aboard the Yacht or onshore at any port of call, including, but not limited to, Guest participation in snorkeling programs or Guest usage of any jet ski, golf, onboard water-slides, gymnasium, jogging, swimming, diving. By utilizing said facilities, the Guest agrees to assume all risks arising therefrom and does hereby fully release and discharge Crystal 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.
19. Force Majeure: Except as provided in Paragraph 9, 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, labor difficulties, whether or not Crystal Cruises is a party thereto, interference by authorities, requisitioning of the Yacht, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Yacht, fire, or any other cause whatsoever beyond the control of Crystal Cruises.
20. Choice of Law/Limitation of Liability: The Ticket and all other rights and duties of Guests and of Crystal Cruises will be construed, and disputes resolved, in accordance with the general maritime law of the United States without regard to conflict of law principles. In addition to the limitations of liability expressly provided in the Ticket, 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 or misconduct of Crystal Cruises.
21. FORUM; CLAIMS SUBJECT TO BINDING ARBITRATION; WAIVER OF JURY AND WAIVER OF CLASS ACTION
a. ARBITRATION OF CERTAIN CLAIMS AND FORUM FOR SMALL CLAIMS: ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF A GUEST, WHETHER BASED ON CONTRACT, TORT, STATUTORY, CONSTITUTIONAL OR OTHER LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, ALLEGED VIOLATION OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY LAWS, OR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS TICKET CONTRACT OR GUEST’S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN THE GUEST AND CRYSTAL CRUISES, WITH THE SOLE EXCEPTION OF CLAIMS BROUGHT AND LITIGATED EXCLUSIVELY IN SMALL CLAIMS COURT IN MIAMI-DADE COUNTY, FLORIDA, 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 COUNTY, 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. INFORMATION WITH RESPECT TO NAM CAN BE REVIEWED ON THE NAM WEBSITE (www.namadr.com), AND NAM CAN BE CONTACTED IF THERE IS ANY QUESTION AT (800)358-2550, ATTENTION CLAIMS DEPARTMENT, 990 STEWART STREET, FIRST FLOOR, GARDEN CITY, NY 11530. 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 IN MIAMI-DADE COUNTY, FLORIDA). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CRYSTAL CRUISES 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. CRYSTAL CRUISES 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 CLAUSE (c) BELOW GOVERNING FORUM AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS CLAUSE.
b. FORUM FOR LAWSUITS: EXCEPT AS OTHERWISE PROVIDED FOR CLAIMS SUBJECT TO ARBITRATION, GUEST AND CRYSTAL CRUISES AGREE IRREVOCABLY THAT ANY DISPUTE WHATSOEVER ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR INCIDENT TO THIS TICKET/CONTRACT OR GUEST'S CRUISE INCLUDING ANY CLAIM FOR PERSONAL INJURY, ILLNESS OR DEATH, SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN MIAMI, OR AS TO THOSE LAWSUITS OVER WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN MIAMI-DADE COUNTY, FLORIDA, TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY. THE GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY OBJECTION TO VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN SUCH COURTS.
c. CLASS ACTION WAIVER: THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY LAWSUIT OR ARBITRATION AGAINST CRYSTAL CRUISES 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, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH 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.INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION.
22. Interpretation: Should any provision of the Ticket 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 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 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: ALL WARRANTIES INCLUDING WARRANTIES OF FITNESS FOR USE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED FROM THIS AGREEMENT. CRYSTAL CRUISES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
24. Notice Concerning Safety, Security and Health: Crystal Cruises endeavors at all times to exercise reasonable care for Guests' comfort and safety on board its Yachts. 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 United States Department. of State and government agencies regularly issue advisories and warnings to travelers giving details of local conditions in specified cities and countries according to such agencies’ perceptions of risks to travelers. Crystal Cruises recommends that Guests and their travel agents obtain and consider such information when making travel decisions.
25. Written Notices: Except as otherwise expressly provided in the Ticket, all written notices required by the Ticket must be mailed, postage prepaid, to:
11755 Wilshire Blvd. Suite 900
Los Angeles, CA 90025
26. 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. 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 AND CONDITIONS ARE SUBJECT TO CHANGE WITH OR WITHOUT 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.
To obtain your state-specific Certificate of Insurance that contains the complete terms, conditions, limitations and exclusions of the certificate, visit https://affinitytravelcert.com/docs/usfcyc01
If you purchased the plan prior to September 1, 2017, please click here to download the Description of Coverage
For guests purchasing as of September 1, 2017, the protection plan (discussed above) contains insurance benefits underwritten by the United States Fire Insurance Company. C&F and Crum & Forster are registered trademarks of United States Fire Insurance Company. The Crum & Forster group of companies is rated A (Excellent) by AM Best Company 2016. The plans may also contain a non-insurance Cancellation Waiver provided by Tauck as well as non-insurance Travel Assistance Services that are provided by On Call International. Please see the plan documents for complete terms, conditions, limitations and exclusions that apply. Coverage available may vary and not all coverage is available in all jurisdictions.
Crystal Yacht Expedition Cruises
General Ticket Terms & Conditions
Version: 25 January 2019