IMPORTANT NOTICE! THE FOLLOWING DOCUMENTS [COLLECTIVELY, THE “CONTRACT”] CONTAIN:
- THE CONTRACT BETWEEN YOU AND NORWEGIAN [THE “TICKET CONTRACT”] AND
- SUPPLEMENTAL TERMS, CONDITIONS AND LIMITATIONS AS BETWEEN YOU AND FRIENDSHOLDCO, LLC WITH RESPECT TO THE CRUISE.
THESE DOCUMENTS CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHTS AND CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND NORWEGIAN AND BETWEEN YOU AND FRIENDSHOLDCO, LLC (AS DEFINED BELOW). PLEASE READ CAREFULLY ALL THE TERMS OF THIS CONTRACT, PAYING PARTICULAR ATTENTION TO SECTIONS 1 THROUGH 16 OF THE NORWEGIAN TICKET (below) AND SECTIONS 1 THROUGH 11 OF THE FRIENDSHOLDCO, LLC/ THE FRIENDSHIP CRUISE SUPPLEMENTAL TERMS AND CONDITIONS AND RETAIN THEM FOR YOUR FUTURE REFERENCE.
The Friendship Cruise Terms and Conditions are subject to change at any time. The last update of any Supplemental Terms and Conditions occurred on October 7 2021. The Norwegian ticketing contract text on this page was current as of October 7 2021 but could be changed at any time without notice. For the most current Norwegian ticketing contract visit: www.ncl.com/ticketcontract
All references to “FRIENDSHOLDCO” shall be understood to include FRIENDSHOLDCO, LLC and any entity wholly owned by FRIENDSHOLDCO, LLC or affiliated through ownership with the owners of FRIENDSHOLDCO, LLC. All references to “Norwegian” shall be understood to mean Norwegian. For purposes hereof, each reference to a Norwegian “promotional partner” shall include FRIENDSHOLDCO. All references to the “Cruise” or to “The Friendship Cruise” (or any variation of the event name) shall be understood to refer to The Friendship Cruise aboard a Norwegian vessel. All references to “Guest” shall have the same meaning as “Passenger” for purposes of this Contract and shall include each person listed on a Ticket Contract and each person, other than FRIENDSHOLDCO, LLC personnel, Norwegian personnel, and artists and artist personnel, who embarks on the Cruise or attends any Cruise or Cruise related event, whether or not listed on a Cruise Ticket Contract. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine as context requires.
Each Guest’s reservation for The Friendship Cruise, acceptance and/or use of the Ticket Contract, embarkation on the Cruise, and attendance at any Cruise event constitute the acceptance of and agreement to this Contract, including each and all of the Supplemental Terms and Conditions hereof and of the Norwegian Ticket Contract.
By purchasing or accepting the Ticket Contract for The Friendship Cruise, you represent to and for the benefit of FRIENDSHOLDCO, LLC and Norwegian that you are authorized by all Guests named in your reservation group, including each minor, if any, to accept and agree on behalf of each such Guest to be bound by all the Supplemental Terms and Conditions of this Contract. This Contract is not transferable. This Contract may not be modified except in writing signed by FRIENDSHOLDCO, LLC and the Norwegian Ticket Contract may not be modified except as provided therein. The terms, conditions and limitations herein shall apply to any and all disputes between you and FRIENDSHOLDCO, LLC regardless of whether arising aboard the vessel or in any other place, location or any mode of transportation whatsoever. All rights, defenses, disclaimers and imitations of liability set forth herein shall inure to the benefit of FRIENDSHOLDCO, and all concessionaires, independent contractors or other providers of any services or facilities in connection with or incident to the Guest’s cruise, as well as any of their affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; and all suppliers, shipbuilders, component part manufacturers; and their owners, operators, managers, charterers, agents, pilots, officers, crew, employees and vessels. Neither FRIENDSHOLDCO, LLC nor any of its employees have any authority to change, modify, alter or suspend any of the provisions of the Contract between the Guest and Norwegian which shall govern the relationship between Guest and Norwegian exclusively.
FRIENDSHOLDCO, LLC SUPPLEMENTAL TERMS AND CONDITIONS
The following Supplemental Terms and Conditions are incorporated in and made a part of the Contract between each Guest and FRIENDSHOLDCO. Each reservation or acceptance or utilization of the Norwegian Ticket Contract or embarkation on the Cruise or attendance at any Cruise related event constitutes agreement with and acceptance of the following Supplemental Terms and Conditions, in addition to the terms and conditions of the Norwegian Ticket Contract:
The Friendship Cruise is an event cruise featuring multiple headline musicians. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular concert on any particular date to be performed by any particular artist. FRIENDSHOLDCO, LLC and Guest agree that Guest is purchasing passage on board a specific vessel during a specific period of time during which time it is anticipated that headline musicians will perform multiple concerts on board the vessel during the Cruise. Included in such purchase price, but ancillary thereto, is an entertainment package pursuant to which several artists will perform at a time or times during the Cruise which times will be announced prior to sailing and/or during the Cruise. While every effort is made by FRIENDSHOLDCO, LLC to avoid conflicting events and performances, FRIENDSHOLDCO, LLC cannot guarantee that any Guest will be able to attend every performance aboard the Cruise. It is also anticipated individual musicians will attend publicity and promotional events during the Cruise while on board to provide Guests an opportunity to meet the musicians in person. However, FRIENDSHOLDCO, LLC can make no guarantee that any guest will in fact be able to meet any of the musicians in person during the Cruise or during any shore excursion.
FRIENDSHOLDCO, LLC reserves the right to increase published prices without notice. In the event of an increase, only new reservations will be affected. Any reservations made prior to the fare increase will be protected at the rate they booked and fully deposited at. Payment for the Cruise shall be made in US Dollars. ALL DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE.
FRIENDSHOLDCO, LLC accepts reservations and payments according to three schedules:
- Payment in Full Up Front;
- Payments over time on FRIENDSHOLDCO’s Automatic Billing Plan; or
- Payment over time through Uplift
Payment in Full Up Front
Payment in full up front is self-explanatory. Guests who pay in full are finished and will not have to be concerned about any future or upcoming payments, unless they modify their reservation.
FRIENDSHOLDCO’s Automatic Billing Plan
A payment of $250.00 is due at the time of the reservation. The Automatic Billing Plan allows guests to establish an evenly divided payment schedule up front at the time of the reservation with payments starting on July 1, 2022 with the last payment due January 2, 2023. FRIENDSHOLDCO, LLC then automatically charges the guest’s authorized credit card for the applicable charges on the scheduled dates. Guests who wish to enroll in the Automatic Billing Plan will be required to make the initial $250.00 deposit at the time of booking, and then authorize in advance 7 (seven) additional charges to be processed on the day of the 1st day of the month. Because the payments are evenly divided, guests are not faced with a large final payment. There is no additional charge for participation in the Automatic Billing Plan.
Payments not received by the dates indicated are subject to a late fee of no less than $35.00 (USD). Payments not made or collected within 21 days of the due date will risk cancellation of the reservation at the cancellation fee outlined below.
In addition to the combined Cruise fare and entertainment fees, FRIENDSHOLDCO, LLC will collect in advance all taxes, port charges and fees, including, without limitation, a booking fee. The parties agree that the consideration for the entertainment portion of the Cruise including performance by all musicians on board during the Cruise shall be the sum of $270.00 (USD). The remaining consideration paid by each Guest for the Cruise shall be allocated to the ship passage portion including stateroom and meals. The individual making the reservation for The Friendship Cruise is considered the “Lead Passenger” in whose name the reservation is held. The consideration for the cruise shall be deemed to be earned when paid and is not refundable.
- Changes, Transfers and Cancellation
Terms and conditions defined in this paragraph supersede Norwegian’s policies.
FRIENDSHOLDCO, LLC does offer and RECOMMENDS (but does not require) that each Guest purchase travel insurance for the Cruise. Because of the nature and uniqueness of The Friendship Cruise, there is a strict cancellation policy. All changes, transfers or cancellations may be made only by the Lead Passenger. The Lead passenger, in whose name the reservation is held, may change the name of any accompanying passenger (subject to FRIENDSHOLDCO’s approval) in the same cabin once without charge prior to the final payment date. Any other reservation change, subsequent changes to the name of any accompanying passenger in the same cabin, or any change prior to the final payment date of January 2, 2023 if the payment plan was used, will be subject to FRIENDSHOLDCO’s approval and a minimum $50.00 administrative fee before the change is affected.
Any reservation change made after January 3, 2023, is subject to a $100 administrative fee per change.
A reservation for the cruise is valid only for the person(s) named within as Guests and cannot be transferred without FRIENDSHOLDCO’s written consent.
With written consent, you may transfer your reservation to another party with a $299 transfer fee charged to the reservation. No lead passenger changes after a sell-out, or after January 2, 2023.
FRIENDSHOLDCO, LLC will not consent to a reservation transfer during any pre-sale period, after an event sell-out when a waiting list exists, or after the final-payment date.
In the event the reservation is cancelled by the Lead Passenger, the Lead Passenger may request that his or her reservation be transferred to another person subject to the written consent of FRIENDSHOLDCO, LLC and payment of the above-referenced transfer fee.
Any changes to your reservation that involve changing, adding, or removing existing guests or upgrading the value of your cabin to a higher priced cabin can only be requested by the Lead Passenger.
Downgrading your cabin to a cabin of lesser value is not allowed.
The Lead Passenger must request these changes by phone or email.
The Cancellation Schedule:
ALL PAYMENTS ARE NON-REFUNDABLE.
We highly recommend that all guests purchase Travel Insurance. You can find more details about this program at www.thefriendship.com/protection.
Once purchased, Protection plan fees are non-refundable. Guests that have purchased cruise insurance and need to cancel for a covered condition may be able to make a claim with the insurance carrier to recover any lost payments.
- Acknowledgement of Risks of Travel
The Guest admits and acknowledges that travel by ocean-going vessel occasionally presents risks and circumstances that may be beyond the ability of Friendsholdco, LLC to reasonably control or mitigate. The Guest’s understanding includes all risks of travel, transportation, and handling of Guests and baggage. Except as otherwise expressly provided herein, the Guest therefore assumes the risk of and releases Friendsholdco, LLC from any injury, loss, or damage whatsoever arising from, caused by, or in the judgment of Friendsholdco, LLC rendered necessary or advisable by reason of: any act of God or public enemies; force majeure; arrest; restraints of governments or their departments or under color of law (including but not limited to orders by government agencies restricting travel due to declared pandemics, public health emergencies or outbreak of communicable disease (including but not limited to COVID-19), quarantines, national or regional emergencies); piracy; war; revolution; extortion; terrorist actions or threats; hijacking; bombing; threatened or actual rebellion, insurrection, or civil strife; fire, explosion, collision, stranding or grounding; weather conditions; docking or anchoring difficulty; congestion; perils of the sea, rivers, canals, locks or other waters; perils of navigation of any kind; lack of water or passageway in canals; theft; accident to or from machinery, boilers, or latent defects (even though existing at embarkation or commencement of voyages); barratry; desertion or revolt of the crew; seizure of ship by legal process; strike, lockout or labor disturbance (regardless whether such strike, lockout or labor disturbance results from a dispute between the Carrier and its employees or any other parties); or from losses of any kind beyond the Carrier’s control. Under any such circumstances the voyage may be altered, shortened, lengthened, or cancelled in whole or part without liability to Friendsholdco, LLC for a refund or otherwise, except as otherwise required by law.
- Acceptance and Agreement to Norwegian Ticket Contract
- By making the reservation for The Friendship Cruise or by the accepting and/or using the Ticket Contract by the persons named thereon as Guests, and/or embarking on the Cruise and attending any Cruise-related events, the Lead Passenger and each Guest on the same reservation, acknowledges he or she has read, understands and agrees to be bound by each and every term, condition and provision of the Norwegian passenger Ticket Contract and agrees to be bound thereby. Each Guest further agrees that, pursuant to the provisions of paragraph 1(a) of the Norwegian Ticket Contract, FRIENDSHOLDCO, as charterer of the vessel, is included within the term “Norwegian” in the Cruise Ticket Contract and that FRIENDSHOLDCO, LLC shall be entitled to the benefit of all rights, terms, conditions, and limitations granted Norwegian there under as a charterer of the vessel as though FRIENDSHOLDCO, LLC were specifically named therein.
- Cruise Fare does not include fuel supplement charges. “Fuel supplement” shall mean any additional charge to defray a portion of Norwegian’s fuel costs. The amount of fuel supplements and government fees and taxes collected are subject to change. Norwegian reserves the right to charge a fuel supplement of up to $10.00 per person per day. Norwegian may collect any fuel supplement in effect at the time of sailing, even if the cruise fare has been paid in full.
- 6. Cancellation of the Cruise
Norwegian has reserved, in paragraph 6 of the Norwegian Ticket Contract, the right to cancel the Cruise, and by extension the Ticket Contract at the port of embarkation or at any time during the voyage. If the Cruise is cancelled by Norwegian completely prior to embarkation, each Guest with an active reservation shall receive a refund of his or her passage fare paid. If the Cruise is cancelled by Norwegian during the voyage, each Guest with an active reservation shall receive a refund of a proportionate part of his or her passage fare paid. FRIENDSHOLDCO, LLC shall have no further liability for damages or compensation of any kind.
If the Cruise is postponed by FRIENDSHOLDCO, then upon the announcement of the rescheduled dates, any Guests with an active reservation will be eligible to select either a transfer of funds paid to the rescheduled event, a transfer for funds paid to a future event credit, or a refund of his or her funds paid to date. If the Cruise is canceled by FRIENDSHOLDCO, LLC without a reschedule, then any Guests with active reservations will be eligible to select either a transfer of funds paid to a future event credit, or a refund of his or her funds paid to date. FRIENDSHOLDCO, LLC shall have no further liability for damages or compensation of any kind.
- 7. Breach or Cancellation by Performing Artist
FRIENDSHOLDCO, LLC has entered into an agreement with each performing artist on The Friendship Cruise to be present on board the Cruise and to perform in accordance with terms specified therein. However, neither FRIENDSHOLDCO, LLC nor Norwegian shall be liable or responsible for failure of any artist or musician to appear on board or to perform under its agreement. Further, neither FRIENDSHOLDCO, LLC nor Norwegian shall be liable or responsible for any loss, damage, cost, or expense of any kind to any Guest or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the vessel (for which the Master shall be the sole judge), breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by governmental authority, illness, death of a family member or other cause or circumstance beyond FRIENDSHOLDCO’s reasonable control. In the event of any failure of contracted artists to perform during the cruise, FRIENDSHOLDCO, in its sole discretion, may engage a replacement artist or artists, or may change, postpone or terminate all or any part of the Cruise or the entertainment program or change the program or itinerary. In such case, FRIENDSHOLDCO, LLC shall have no liability to any Guest for any loss, damage, cost or expense whatsoever by reason of such change.
In any other case including without limitation any breach of contract or failure to perform by any artist or musician, Guest and FRIENDSHOLDCO, LLC acknowledge that Guest’s actual losses arising from such breach, cancellation or termination would be difficult if not impossible to calculate at the time of entry into this Agreement. A number of factors contribute to these uncertainties including without limitation the fact that Guest has embarked on a cruise and other substitute entertainment will be provided for Guest’s enjoyment and the difficulty of arranging substitute entertainment. Therefore, Guest agrees that the remedies described herein (substitution for any particular artist or musician or partial refund in the event of cancellation) represent fair compensation in the nature of liquidated damages to the exclusion of all other damages payable FRIENDSHOLDCO, LLCor Norwegian, whether direct or indirect, proximate or incidental or consequential, for such modification, cancellation or termination of the Cruise by FRIENDSHOLDCO. If the Cruise is canceled as the result of any material breach or gross negligence of FRIENDSHOLDCO, LLC or of a contracted artist or musician, Guest shall be entitled to the sum of $250.00 representing a pro-rated amount of the entertainment portion of the consideration paid by Guest. No Guest shall be entitled to recover any incidental or consequential losses or damages sustained by him or her. Each Guest agrees this remedy shall be his or her exclusive remedy.
- 8. Public Performance
FRIENDSHOLDCO, LLC has the exclusive right to include photographic, video and other visual portrayals of Passenger in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Passenger, and all rights, title and interest therein (including all worldwide copyrights therein) shall be FRIENDSHOLDCO, LLC sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger.
- 9. Age Restrictions
Passengers must be 21 years of age or older on date ship embarks. Ages will be verified at embarkation and any passenger who does not meet the age requirements will be denied boarding and no refunds will be made.
- 10. Zero Tolerance Policy
FRIENDSHOLDCO, LLC has a zero tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in disembarkation from the vessel as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases FRIENDSHOLDCO, LLC and Norwegian shall not be liable for any refund or other compensation or damages.
- 11. Forum
It is agreed by and between each Guest and FRIENDSHOLDCO, LLC that all disputes and matters whatsoever arising under, in connection with or incident to this agreement or to The Friendship Cruise, including any dispute or matter arising out of or related to Guest’s travel to the vessel involving FRIENDSHOLDCO, 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 to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the courts of any other county, state or country.
By clicking the “accept” button (or equivalent button) in the course of booking your cabin and ordering your ticket, you acknowledge that this is a legally binding agreement and you agree to all the terms herein.
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