Ticketing Terms & Conditions
Ticketing Terms & Conditions
These Ticketing Terms and Conditions (“Terms”, “Agreement”, “agreement”) govern the relationship between you (“You” or “Your” or “Passenger”) and AMF Holdco, LLC (the “Company”, “We”, “Us”, “Our”) for the 2020 FriendShip Cruise (the “Cruise”) taking place January 6-10, 2020 on the Navigator of the Seas, or such other cruise vessel, as determined by Company in its sole discretion (“Ship” or “Cruise Ship” or “cruise vessel”), which is operated by Royal Caribbean Cruises, Ltd. (“Royal Caribbean Cruises”, “Royal Caribbean”, or “Cruise Line”). You expressly acknowledge and agree that (i) you are purchasing a ticket/package for this Cruise from Company, and/or authorized third parties only.
Your decision to pay a deposit to book a cabin/purchase a Cruise ticket constitutes your acknowledgment of and consent to all of the terms and conditions below, including the limitations of liability presented herein.
In order for You to enter and board the Cruise, You must possess a valid ticket and reservation that permits access to the cruise vessel, official documentation that will permit You to embark and disembark at all ports of call, and any other documentation required to take part in all Cruise activities. Be sure to return to these Terms periodically to review the most current version. Company reserves the right at any time, in its sole discretion, to change or otherwise modify these Terms without prior notice. The most current version will always be posted on the Company website available at https://thefriendship.com/ticketing-terms-conditions/. BY PURCHASING A TICKET, YOU AGREE TO THESE TERMS & CONDITIONS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED HEREIN.
ARTICLE 1: YOUR TICKET
- You may also be required to adhere to separate terms and conditions or policies issued by Royal Caribbean prior to Your entrance onto the Cruise vessel and during all times You are present on the Cruise vessel. Royal Caribbean shall make such policies and terms and conditions available to You prior to Your purchase of a Cruise ticket and at all times thereafter. Any agreement entered into with Royal Caribbean shall be considered separate and apart from any agreement You enter into with Company, and You acknowledge that You have read and understand such terms and conditions and policies as applicable to You. You may request a copy of all applicable passenger terms and conditions by online at www.royalcaribbean.com or onboard the cruise vessel.
- For safety reasons, Company and/or Royal Caribbean reserves the right to, without any prior notice or compensation to You, postpone, cancel, interrupt or stop the Cruise; provisionally keep visitors on the cruise vessel at the end of the Cruise; totally or partially vacate the cruise vessel; and deny access to the cruise vessel regardless of the possession of a valid ticket and/or reservation.
- Subject to the limitations of this Agreement, Company reserves the right to change, modify, or alter any aspect of the Cruise (including, without limitation, the appearance of any performer or artist, and/or the order of performance of any performer or artist), at any time, for any reason whatsoever, without any prior notice or compensation to You. You understand that the artists and/or lineup for the Cruise may be changed at any time, in Company’s sole discretion, and that such occurrence shall not, under any circumstances, entitle You to any claim whatsoever, including, but not limited to, a refund for Your ticket.
- You understand, acknowledge, and agree that the names of any artist, act or performer contained in any Cruise promotional material are intended for informational purposes only, and do not, in any way, represent the importance or headline status of any single artist, act or performer, and are subject to change without prior notice.
- All Deposits are non-refundable. There will be no refunds given for those who do not board the cruise vessel on time, for any unused tickets, or after the Cruise has occurred.
- If the Cruise is cancelled in whole, or in part, due to a “Force Majeure Event” (as defined below), You will not be entitled to a refund. Notwithstanding the foregoing, the Company may issue, at the Company’s sole and absolute discretion, a partial or full refund of Your ticket, by accounting for, among other considerations, the extent and nature of the cancellation. A “Force Majeure Event” shall mean an act of God, act of terrorism, flood, tsunami, strike or other labor condition or dispute, an order or injunction of any court or administrative body or any other act of public authority, severe weather threatening the safety of Cruise attendees or similar contingency or unexpected event, and any such occurrence beyond the reasonable control of Company or Royal Caribbean. You understand that in all instances, the sole and exclusive remedy You may receive for any cancellation of any part of the Cruise, if any, will be the face value of Your ticket, excluding all fees and/or service charges paid by You in connection with the purchase of Your ticket.
- By boarding the Cruise, You assume any and all risk and/or danger, known and unknown, foreseeable and unforeseeable, resulting from, or incidental to, the Cruise, whether occurring prior to, during, or subsequent to, the Cruise, including, but not limited to, any death, personal injury or loss, damage or liability whatsoever. You understand that Your use of Your ticket is contingent upon Your voluntary assumption of the risk and danger that may result from, or be incidental to, Your presence on the Cruise, whether occurring prior to, during or after the Cruise, including, but not limited to, any actions or omissions of Royal Caribbean or Company.
- You acknowledge and understand that the ticket is a revocable license to attend the Cruise for which it was issued, which is subject to revocation and denial of admission without compensation for any reason, including, but not limited to, Your attempted or actual violation of any of the rules set forth herein, policy or regulations and for any other action taken by You in violation of any local, state or federal law, or that may endanger other ticketholders. If Company and/or Royal Caribbean, or any of their employees or agents, believes that You may present a safety concern aboard the cruise vessel, then You may be denied entry to the cruise vessel. In such event, You may, in the sole discretion of Company, be given a refund of your ticket.
- The Cruise will be a “cashless” event, which means that all purchases of merchandise, food or other products on board the cruise vessel will be processed through Your Royal Caribbean-issued cruise card in lieu of cash or credit card transactions. DUE TO THE CASHLESS NATURE OF THE CRUISE AND THE EXCLUSIVE USE OF ROYAL CARIBBEAN-ISSUED CRUISE CARDS FOR PURPOSES OF PAYMENT AND OTHER MONETARY TRANSACTIONS ON BOARD THE CRUISE VESSEL AND FOR ANY COMPANY OR ROYAL CARIBBEAN-SPONSORED CRUISE-RELATED EVENTS, YOU HEREBY PROVIDE COMPANY AND/OR ROYAL CARIBBEAN WITH THE EXPRESS AUTHORITY TO CHARGE THE CREDIT CARD OR OTHER AUTHORIZED METHOD OF PAYMENT ON FILE AND ATTACHED TO YOUR ROYAL CARIBBEAN-ISSUED CRUISE CARD FOR ALL PAYMENTS OR OTHER CHARGES THAT YOU INCUR WHILE ON THE CRUISE, INCLUDING, WITHOUT LIMITATION, DURING ANY OFFSHORE EXCURSIONS OR OFFSHORE EVENTS. THE CREDIT CARD OR OTHER AUTHORIZED METHOD OF PAYMENT THAT YOU PROVIDE IN CONNECTION WITH YOUR ROYAL CARIBBEAN-ISSUED CRUISE CARD WILL BE THE DEFAULT METHOD OF PAYMENT CHARGED BY ROYAL CARIBBEAN AND COMPANY. YOU WILL BE PROVIDED WITH A FINAL BILL ON THE FINAL NIGHT OF THE CRUISE DETAILING ALL CHARGES INCURRED BY YOU ON THE CRUISE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS BILL AND TO DISPUTE ANY CHARGES WITH WHICH YOU DISAGREE IN ACCORDANCE WITH COMPANY AND ROYAL CARIBBEAN’S RESPECTIVE PAYMENT DISPUTE MECHANISMS.
ARTICLE 2: TICKETS, RESERVATION AND PROOF OF IDENTIFICATION REQUIRED
- In order to enter the Cruise, You must have Your own valid ticket and valid reservation. One ticket is required per attendee and will only be valid during the Cruise and for purposes of embarking and disembarking.
- Reservations and Name Changes: The guest that places the reservation is considered the “lead passenger” and is considered the “owner” of the reservation. The lead passenger must agree to and initiate any changes in the reservation. The lead passenger will be responsible for receiving all communications, selecting the cabin at the time of booking, and make sure all payments are made according to the payment schedule if applicable. Please be advised that once you book a cabin as the lead passenger you are obligated for the full cabin rate based on the full occupancy set forth in the item you purchase. You may submit name changes to your reservation for the Cruise up to and on December 2, 2019. We suggest buying travel insurance in case you are not able to attend the Cruise. Downgrading your cabin to a cabin of lesser value is not permitted.
- Your ticket is not redeemable for cash. There will be no replacements for tickets that are lost, stolen, destroyed or damaged and You unconditionally accept the risk of damage to, loss of and/or theft of Your ticket. Ticket prices are subject to change and are based on availability. All rates are per person.
- You acknowledge that ticket prices may fluctuate due to unforeseen circumstances, such as a change in the cost of fuel, between now and the Cruise. Royal Caribbean may impose a fuel surcharge, if applicable, as determined by Royal Caribbean in its sole discretion. Royal Caribbean also reserves the right to impose surcharges for government taxes and fees, security, and incidental costs as applicable. The surcharges will be added to Your cabin costs and must be paid in full by the sail date in order to board the ship. You will be notified via email if such fuel surcharge is added to the cost of Your cabin.
- To ensure that Your ticket is valid, purchase Your ticket(s) from any other Company-authorized sale channels listed on the official Company website at https://thefriendship.com. Tickets from unauthorized sales channels (e.g., scalpers) may be forged. In no event will forged tickets be honored or eligible for a refund.
- Payment Options: You may select from the following payment options (subject to change at Company’s sole discretion): (i) automatic billing: initial deposit of $250 USD with subsequent payment dates of May 1, 2019, July 1, 2019, September 3, 2019, and on November 1, 2019; and (ii) one-time payment in full. If You purchase Your ticket using an installment plan option, You can pay in installments, subject to the installment plan terms and conditions set forth on the ticketing platform used by the Company for purposes of this Section from time to time. You must select Your payment option during the reservation process. Your ability to change Your selected payment option may be subject to additional terms and limitations, assessed at the discretion of Company and/or Royal Caribbean where applicable.
- Penalties: If Your credit card on file is declined, a fee of $20.00 USD will be assessed and a new credit card number will be required within 48 hours of the invoice date. If a replacement credit card is not provided, the reservation is considered delinquent and subject to cancellation. In the rare case that a cancelled reservation is reinstated at Your request, the reservation is subject to a $75.00 USD (charged per cabin occupant) Reinstatement Fee.
- Gratuities and Other Fees: Royal Caribbean may add certain fees per person to Your final bill for fees, including gratuities, port fees, ticketing fees and any other additional applicable fees (such additional fees to be disclosed to You prior to being assessed on the final bill). Such fees are set forth by Royal Caribbean and we strongly urge you to read your Cruise materials closely upon receipt.
- Company and Royal Caribbean highly recommend purchasing travel insurance. If You have any questions or concerns regarding where to purchase travel insurance, ticketing or reservations for the Cruise, including, but not limited to, payment plans, please contact firstname.lastname@example.org.
- Entry onto the cruise vessel is limited to persons that meet the minimum age requirements on or before the day of the Cruise. Passengers must be at least twenty-one (21) years of age or older at the time of entry onto the cruise vessel. Minors (persons under twenty-one (21) years of age) are not allowed onto the cruise vessel. Carrier and/or Company reserves the right to request proof of age at any time. The following documents are acceptable to show proof of age: (i) Government-Issued Passport; (ii) Driver’s License (U.S. or Canada); (iii) Military Identification Card with Photograph; or (iv) Government-Issued Identification Card with Photo. The following documents are UNACCEPTABLE to show proof of age: (i) Expired Identification Card; (ii) School Identification Card; (iii) Birth Certificate; (iv) Social Security Card; (v) Federal Immigration Card; (vi) Voter Registration Card; and (vii) copies of any acceptable forms of identification (only original documents will be accepted). Any Failure to provide, upon request, valid identification shall preclude You from boarding the cruise vessel and You shall not be entitled to any refund nor will You be entitled to, nor will the Company or Royal Caribbean be liable for, any other damages, including, but not limited to, incidental and/or consequential damages. Failure to show proof of identification may result in removal from the cruise vessel at any port of call, as applicable, and no refunds for Your ticket or reservation costs shall be issued to You.
- Travel Documentation: It is Your responsibility to ensure that You have the proper documents to board the cruise vessel. Company and Royal Caribbean are not responsible for denied boarding due to insufficient documents. Royal Caribbean and Company strongly recommend that all passengers travel with a passport (valid for at least six months beyond the completion of travel). Non-U.S. Citizens will need a valid passport, and, where applicable, a visa. If You live in the U.S., You will also need the original copy of your Alien Registration Card (ARC or “Green Card”) and any other documentation the countries on Your itinerary require due to your alien status. If You are not a U.S. Citizen, please contact U.S. Immigrations at 1-800-375-5283 to be sure Your identification will be satisfactory for both entry into the U.S. and for the Cruise. For more information or to obtain a passport application, visit travel.state.gov. You must present the required documentation at embarkation. Passengers without the required documentation will be denied boarding and no refunds will be issued. Royal Caribbean and Company will strictly enforce this requirement to be in compliance with this important U.S. Government mandate. Company and Royal Caribbean assume no responsibility for advising You of immigration requirements. Non-U.S. citizens, including resident aliens, must contact the appropriate consulates, embassies and/or immigration office(s) to inquire about necessary documentation for the Cruise’s ports of call. Your name, as listed on Your travel documents, must exactly match Your name as listed on Your Cruise documents.
- REAL ID Act: Starting in 2018, travelers from several U.S. states may not be able to use their driver’s licenses as ID to board domestic flights. Therefore, Company and Royal Caribbean strongly recommend that those travelers carry a passport and use it at TSA security checkpoints where applicable. To check Your state’s status, and for more information, check here: https://www.tsa.gov/sites/default/files/resources/realid_factsheet.pdf.
- Reservation Cancellation Policy: Notwithstanding anything to the contrary contained herein, if You choose to “Pre-Book” your cabin by paying $250 USD to reserve a spot in line for the future purchase of a cabin, the $250 USD will become Your cabin deposit once Your cabin is selected during On-Sale. However, if You choose to cancel your spot in line before the official “On-Sale”, then $50 USD of Your initial deposit of $250 USD will be retained as an Administration Fee by Company to process your refund, cancelling Your “Pre-Book” must be received 48 hours prior to the 1st “On-Sale” date. Once a cabin has been purchased by You, the $250 USD becomes non-refundable. Each additional $250 USD deposit during On Sale is non-refundable. If You choose to cancel Your reservation, cancellation on or before June 30, 2019 will result in 50% of monies paid less $250 deposit. Cancellation on or after July 1, 2019, no refunds will be given.
ARTICLE 3: SHORE EXCURSIONS; TOURS; CANCELLATION
- All arrangements made for or by You for transportation (other than on the cruise vessel) before, during or after the Cruise of any kind, as well as air arrangements, shore excursions, tours, hotels, restaurants, attractions and other similar activities or services, including all related conveyances, products or facilities, are made solely for Your convenience and are at Your risk. The providers, owners and operators of such services, conveyances, products and facilities may be independent contractors and are not acting as agents or representatives of Company or Royal Caribbean. Even though Royal Caribbean and/or Company may collect a fee for, or otherwise profit from, making such arrangements and offers for the sale of shore excursions, tours, hotels, restaurants, attractions and other similar activities or services taking place off the cruise vessel for a profit, they do not undertake to supervise or control such independent contractors or their employees, nor maintain their conveyances or facilities, and make no representation, whether express or implied, regarding their suitability or safety. In no event shall Company or Carrier be liable for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to passengers which occurs on or off the cruise vessel or onshore transportation as a result of any acts, omissions or negligence of any independent contractors.
- You acknowledge that Royal Caribbean may for any reason at any time and without prior notice, cancel, advance, postpone or deviate from any scheduled sailing, port of call, destination, lodging or any activity on or off the cruise vessel, or substitute another vessel or port of call, destination, lodging or activity. Royal Caribbean and Company shall not be liable for any claim whatsoever by You, including, but not limited to, loss, compensation or refund, by reason of such cancellation, advancement, postponement, substitution or deviation. By way of example, and not limitation, Royal Caribbean may, without liability (except with respect to mechanical failures only), deviate from any scheduled sailing and may otherwise land You and Your property at any port if Royal Caribbean believes that the voyage or You may be hindered or adversely affected as a result of hostilities, blockages, prevailing weather conditions, labor conflicts, strikes onboard or ashore, breakdown of the cruise vessel, congestion, docking difficulties, medical or life-saving emergencies or any other cause whatsoever. Royal Caribbean may be required to comply with any orders, recommendations, or directions whatsoever given by any governmental entity or by persons purporting to act with such authority and such compliance shall not be deemed a breach of this Agreement entitling You to assert any claim for liability, compensation or refund from Royal Caribbean or Company.
- In the event that the Cruise is cancelled or terminated early due to mechanical failures, which is not caused by a Force Majeure Event: (i) You have the right to a full refund of the ticket price if the Cruise is cancelled in full, or a partial refund if the Cruise is terminated early; (ii) Royal Caribbean and/or Company may cover or reimburse You for additional costs (e.g., airline change fees) as deemed appropriate by Royal Caribbean and/or Company in their sole discretion; (iii) if You have travelled to the cruise vessel, Royal Caribbean and/or Company may provide transportation (via means selected by Royal Caribbean or Company in their sole discretion) to the cruise vessel’s scheduled port of disembarkation or to Your home city, whichever is the lesser distance; and (iv) Royal Caribbean and/or Company may provide overnight lodging if disembarkation and an overnight stay in an unscheduled port are required due to the Cruise being cancelled early because of mechanical failures.
ARTICLE 4: HEALTH AND SAFETY; PASSENGER CONDUCT
- For the most up to date health information for travelers to the Bahamas, please visit the Centers for Disease Control and Prevention website available at https://wwwnc.cdc.gov/travel/destinations/traveler/cruise_ship/the-bahamas?s_cid=ncezid-dgmq-travel-single-001.
- Smoking Policy: The cruise vessel is designated as non-smoking; however, we recognize that some guests smoke. Therefore, to provide an onboard environment that also satisfies smokers, there are designated “smoking areas” located throughout the cruise vessel. Generally, smoking is not permitted except in designated areas (contact Guest Relations onboard the cruise vessel for additional details). This policy includes smoking-like products such as electronic cigarettes. Smoking is not permitted inside any guest stateroom; nor on any guest veranda. If You are in violation of this policy, a cleaning fee of $250 USD will be assessed and You may be subject to further action pursuant to the “Consequences Section” of the Royal Caribbean Guest Conduct Policy, which is available onboard and at https://www.royalcaribbean.com/content/dam/royal/resources/pdf/guest-conduct-policy.pdf. You are required to observe the non-smoking areas and to refrain from smoking cigarettes, pipes or cigars in any of the non-designated areas. Where permitted, cigarettes, cigars and pipe tobacco must always be properly disposed of and never thrown overboard.
- Medical Care and Personal Services: Due to the nature of travel by sea and the ports visited, the availability of medical care onboard the cruise vessel and in ports of call may be limited or delayed and medical evacuation may not be possible from the cruise vessel while at sea or from every location to which the cruise vessel sails. To the extent You retain the services of medical personnel or independent contractors on or off the cruise vessel, You do so at Your own risk. Any medical personnel attending to a Passenger on or off the cruise vessel, if arranged by Royal Caribbean or Company, are provided solely for the convenience of the Passenger, work directly for the Passenger, and shall not be deemed to be acting under the control or supervision of Royal Caribbean or Company, as Royal Caribbean and Company are not medical providers. Likewise, any onboard concessions (including but not limited to the gift shops, spas, beauty salons, art program, photography, formalwear concessions) are either operated by or are independent contractors on board the cruise vessel, on offshore transportation or elsewhere and are provided solely for the convenience of Passenger. Even though Royal Caribbean shall be entitled to charge a fee and earn a profit for arranging such services, all such persons or entities shall be deemed independent contractors and are not acting as agents or representatives of Royal Caribbean. Royal Caribbean and Company assume no liability whatsoever for any treatment, failure to treat, diagnosis, misdiagnosis, actual or alleged malpractice, advice, examination or other services provided by such persons or entities. You acknowledge that the cruise vessel’s hair dresser, manicurist, art auctioneer, gift shop personnel, spa personnel, wedding planners and other providers of merchandise and personal services are employees of independent contractors and that Company and Carrier are not responsible for their actions. You agree to pay for all medical care or other personal services requested or required, whether onboard or ashore, including the cost of any emergency medical care or transportation incurred by Royal Caribbean or Company and any costs associated with the provision of medical services as provided in the Cruise Lines International Association’s (CLIA) Passenger Bill of Rights. If You are unable to pay and Royal Caribbean or Company pays for such expenses, then You shall reimburse Royal Caribbean or Company for those expenses.
- You warrant that You and those traveling with You are fit for travel and that such travel will not endanger Yourself or others.
- Pregnancy: Any Passenger who will enter the 24th week of pregnancy by the beginning of, or at any time during the Cruise agrees not to book the Cruise or board the cruise vessel under any
- Special Needs. Any Passenger with mobility, communication or other impairments, or other special or medical needs that may require medical care or special accommodations during the Cruise, including, but not limited to, the use of any service animal, must notify Company and Royal Caribbean of any such condition at the time of booking. You agree to accept responsibility and reimburse Royal Caribbean and/or Company for any loss, damage or expense whatsoever related to the presence of any service animal brought on board the cruise vessel. You acknowledge and understand that certain international safety requirements, shipbuilding standards, and/or applicable regulations involving design, construction or operation of the cruise vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Passengers requiring the use of a wheelchair must provide their own wheelchair (that must be of a size and type that can be accommodated on the cruise vessel) as wheelchairs carried on board are for emergency use only. If You would like additional information about available ADA accommodations, please email the Company at email@example.com or visit the official Company website for details at https://thefriendship.com.
- Recreational Water Facilities. The cruise vessel’s recreational water facilities do not have a lifeguard on duty. Your use of these facilities is at Your own risk. Adherence to all rules and safety standards will be strictly enforced and Your failure to adhere to these rules and standards may result in Your expulsion from the facilities for the duration of the Cruise.
- Attendees of the Cruise may be subject to extremely loud music and sounds, as well as strobe, hydro, pyrotechnic, animatronic, lighting and other special effects, including, without limitation, flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and/or individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should heed this warning; as such special effects may cause or induce seizures, diminished hearing loss and other health conditions.
- Your adherence to Royal Caribbean Guest Conduct Policy and all other rules and regulations onboard the cruise vessel is required in order to maintain Your health and safety and that of Your fellow passengers. You may be removed from the cruise vessel or otherwise disciplined if You (i) are under the influence of illegal drugs or any other illegal substances; (ii) are suffering from alcohol intoxication which, in Company or Royal Caribbean staff’s sole discretion, has caused You to be in an impaired state; (iii) have been previously banned from cruises and/or other events by Company, Royal Caribbean or legal authorities; (iv) are demonstrating an intent to disturb the peace or to provoke someone else to do so; (v) engage in fighting or disruptive behavior; (vi) use foul, dangerous or threatening language; (vii) wear clothing with obscene, racist, xenophobic or indecent language; (viii) resist the direction of and search by Royal Caribbean or Company security personnel; (ix) refuse to declare and/or forfeit objects that are prohibited, as set forth herein; (x) distribute flyers or posters on the cruise vessel; (xi) obstruct entrances, exits and evacuation routes and/or linger at these locations any longer than strictly necessary for entering or exiting the cruise vessel; (xii) wear a disguise or obstruct Your face to avoid being recognized; (xiii) sell drinks, food, or any other product without the express consent of Company or Royal Caribbean; (xiv) throw or shoot any object or liquid, or throw or shoot any other product in loose or gaseous form; (xv) smoke in non-smoking areas; (xvi) urinate or defecate in public; (xvii) re-board the cruise vessel after being removed or banned from the Cruise; (xviii) deface, mark, damage, tear down or otherwise destroy, in whole or in part, any part of the cruise vessel; (xix) display or make texts, symbols, images, gestures, wear clothing or articles of dress which, in the sole discretion of Company or Royal Caribbean staff or security personnel, contain and/or display language and/or images which are obscene, racist, xenophobic, provocative, or discriminatory; (xx) litter or fail to maintain the cleanliness of the cruise vessel. If You would like to promote one of Your events, please visit the official Company website for more information; (xxi) Act in violation of the provisions of one or more articles of these regulations or in the spirit thereof. You agree to at all times comply with the provisions of this agreement, any agreement between You and Royal Caribbean, and all applicable laws, and rules, policies and regulations of Company, Royal Caribbean, and the cruise vessel. You agree not to enter any areas of the cruise vessel designated for crew only, including crew quarters, under any circumstances whatsoever. You further agree that Royal Caribbean may prohibit or restrict You from bringing any alcoholic beverages for consumption onboard the cruise vessel and agree to comply with any Royal Caribbean policy covering such matters. You agree to heed the directions of Cruise organizers and security personnel at all times whilst on the cruise vessel and at all times during the Cruise. If You fail to comply with the instructions contained herein and in any applicable policy, You may be removed from the cruise vessel, and, if necessary, Company and Royal Caribbean staff may turn you over to police and/or government authorities as applicable.
- You are solely responsible for maintaining in Your possession all passports, visas and other travel documents required for embarkation, travel and disembarkation at all ports of call. You agrees to provide to Royal Caribbean (at Royal Caribbean’s reasonable request) any travel documents. Royal Caribbean shall return such travel documents to You by no later than the end of the Cruise.
- Forbidden Objects: You may not bring any of the following items on board: glass of any kind; weapons of any kind (regardless of permit); paint of any kind (including paint markers and spray paint); fireworks or other explosives; illegal substances; illegal drugs or drug paraphernalia (this includes, for the avoidance of doubt, marijuana, as this substance is not legal in the entirety of the United States); large chains; laser pointers; flags or totems with metal or wood pieces; large umbrellas (including golf umbrellas); no unsealed tampons; stuffed animals or dolls; pacifiers; unsealed over the counter medications/vitamins (prescription medications in non-approved containers must be turned over to on-board medical personnel); vending without a permit; bicycles, scooters, go-carts, or ATVs; pets (with the exception of approved service animals, and only if You are a person with disabilities. Please email Your questions regarding service animals to Company at firstname.lastname@example.org or visit the official Company website for details at https://thefriendship.com); large, hard-body coolers; push carts; unauthorized, large sports equipment; projectiles or explosives; knives or sharp objects; water guns; flyers, stickers or posters; hammocks; grills of any kind (including gas and charcoal); generators; gas masks or tactical gear; Chinese lanterns; drones or unmanned aerial vehicles; any other items deemed by Company or Royal Caribbean as posing a threat to personal safety. You agree to abide by the terms and conditions with regard to prohibited items as set out in any cruise vessel rules and regulations and as set forth by Royal Caribbean in any agreements You are required to adhere to prior to boarding and during Your time on the cruise vessel. If You bring any prohibited items on board the cruise vessel, such items will be confiscated and discarded and You may be subject to removal from the cruise vessel based on the sole discretion of Company or Royal Caribbean. Under no circumstances will Company hold any prohibited items for You. PLEASE RESPECT YOUR BODY AND MIND. ALL PERSONS AND PROPERTY ARE SUBJECT TO SEARCH. COMPANY HAS ZERO TOLERANCE FOR ILLEGAL ACTIVITIES.
- Zero Tolerance Drug Policy: Company has a zero tolerance policy regarding illegal drugs. It is forbidden during the Cruise to: (i) use, distribute, sell and/or to be in possession of illegal drugs; and/or (ii) distribute, sell or improperly use prescription or over-the-counter drugs. You understand and agree that Your presence on the Cruise is contingent upon Your unconditional and voluntary acceptance to be searched for the presence of drugs, weapons, objects that may disrupt the peace or jeopardize the safety of other ticketholders, and/or other prohibited items prior to Your admission on board the cruise vessel, and/or at any time thereafter. If any of these items are found, such items will be seized by security personnel and forfeited by You, and/or You will be immediately detained and subsequently removed from the cruise vessel. Cruise staff will closely monitor any potential illegal or prohibited drug activity, relying in part on security cameras placed throughout the cruise vessel. You are permitted to bring prescription drugs on board the cruise vessel if you have a valid prescription with Your name clearly listed on the prescription. Prescription medications are allowed only in the original prescription bottle. Any persons attempting to carry on prescription medication must have a government-issued photo identification card that matches the name printed on the prescription, and the pills in the bottle must match the description printed on the prescription. Further, if You have mixed multiple pills in a single prescription container or if You are attempting to enter with prescription pills in a non-prescription container, Cruise medical representatives may be required to make the final determination about whether or not such pills are to be allowed on the Cruise. You will only be permitted to carry the dosage of medication required for the duration of the Cruise. Over-the-counter medications are allowed on board provided that they are new and in the original, factory-sealed container.
- Port Security: Prior to boarding the cruise vessel, You and your luggage will be subject to a pre-boarding search. You hereby consent to such searches and if you elect to withdraw Your consent, you may be denied access to the cruise vessel, without refund or other compensation. Port and/or cruise vessel security guards may inspect all objects brought onto the cruise vessel including, but not limited to, clothing, luggage and other personal items in order to detect objects that may disrupt the Cruise, jeopardize the safety of other passengers, or disturb the peace. Security guards may search any persons and property on the cruise vessel at any time, including, but not limited to, cabins and staterooms, and confiscate any prohibited items, in their sole discretion.
- Royal Caribbean may change accommodations, alter or cancel any activities of, deny service of alcohol to, confine to a stateroom or quarantine, search the stateroom, property or baggage of any Passenger, disembark or refuse to embark the Passenger, or restrain any Passenger at any time, without liability, at the risk and expense of the Passenger, when in the sole opinion of Company, Royal Caribbean or the cruise vessel captain that Passenger’s conduct or presence, is believed to present a possible danger, security risk or be detrimental to himself or the health, welfare, comfort or enjoyment of others, or is in violation of any provision of this agreement.
- Royal Caribbean reserves the right to engage in camera surveillance for the purpose of ensuring the safety and proper operation of the Cruise. Such surveillance footage may be registered or stored by the Company or governmental authorities for the purpose of ensuring the security and safety of Cruise passengers and the enforcement of and compliance with the safety regulations on the cruise vessel. In the interests of safety and security, You and Your baggage are subject to inspection or monitoring electronically with or without Your consent or knowledge.
- Royal Caribbean shall not be required to refund any portion of the Cruise or ticket price paid by any Passenger who fails for any reason to be onboard the cruise vessel or cruise-provided transportation by the embarkation cut- off time applicable to the Cruise or the boarding cut-off time applicable at any port of call or destination or point of departure as the case may be, and shall not be responsible for lodging, meals, transportation or other expenses incurred by that Passenger as a result thereof. Embarkation cut-off times for cruises are available at www.royalcaribbean.com. Boarding cut-off times for any port of call or destination or point of departure are as announced during the Cruise. Royal Caribbean shall have no obligation to any Passenger to deviate from any scheduled sailing or port of call or
- You acknowledge that for certain voyages, such as a round-trip voyage commencing in a United States port, You must complete the entire voyage and that failure to do so may result in a fine or other penalty being assessed by one or more governmental agencies. You hereby agree to pay any such fine or penalty imposed because You failed to complete the entire voyage and to reimburse Royal Caribbean and/or Company in the event it pays such fine or penalty on Your behalf. Royal Caribbean may refuse to transport You, and may remove You from the cruise vessel at any time, for any of the following reasons: (i) whenever such action is necessary to comply with any government regulations, directives or instructions; (ii) when You refuse to permit a search of Your person or property for explosives, weapons, dangerous materials or other stolen, illegal or prohibited items; (iii) when You refuse, upon request, to produce positive identification; or (iv) for failure to comply with Royal Caribbean’s rules and procedures, including, for example, Royal Caribbean’s Guest Conduct Policy or Royal Caribbean’s policies against fraternization with crew; or (v) Your passage is denied by Royal Caribbean pursuant to its Refusal to Transport policy. Royal Caribbean’s Refusal to Transport policy is available online at https://www.royalcaribbean.com/content/dam/royal/resources/pdf/refusal-to-transport.pdf. It is Your responsibility to periodically check and review these policies as they may be updated from time to time.
- You agree to do Your part and maintain the cleanliness of the cruise vessel and to dispose of refuse properly in designated receptacles. Such receptacles will be clearly marked and available on the cruise vessel. The tossing of refuse or any object overboard the cruise vessel is strictly prohibited and such violations may be subject to disciplinary action, removal from the cruise vessel, and international criminal charges.
- Unauthorized Sale or Use of Tickets: Anyone caught forging entry tickets or any other special admission tickets in order to access or sell such tickets to the Cruise will be prosecuted without exception. Counterfeit tickets will not be honored or refunded by Company and Your purchase of such ticket(s) is not binding on Company whatsoever. Anyone caught tampering with or sharing their ticket will be immediately ejected and banned from the Cruise. Tickets may not be resold without prior explicit permission from Company. Tickets which appear to have been resold without permission from Company will not be honored or subject to a refund. The resale, attempted resale, or purchase of Your ticket at a price higher than the official purchase price from the authorized ticket agent, or other Company-authorized sale channels, is grounds for seizure and cancellation of Your ticket without compensation. The only valid tickets are those purchased and/or redeemed through Company-authorized sales channels listed on the official Company website. Tickets may not be used in association with any giveaway, sweepstakes, contest or similar activities, including, but not limited to, as a prize or incentive, without Company’s prior written consent. Any ticket so used will automatically become void at Company’s sole discretion with no refund to You and/or the ticketholder.
ARTICLE 5: PUBLICITY RIGHTS; INTELLECTUAL PROPERTY; RECORDINGS AND PHOTOGRAPHY
- By attending the Cruise, You understand, agree and acknowledge that (i) You may be photographed and filmed, and (ii) You hereby provide the Company with Your absolute, express consent to be photographed and filmed. You further understand and agree that these images and/or recordings can be registered, stored, transmitted, broadcast/streamed, rebroadcast, and sold for archival, promotional, and/or commercial purposes, in any manner, throughout the universe, and in any media, now known or hereafter devised, without any compensation to You. Your name, image and/or Your likeness may be captured as part of and/or used in connection with any broadcast/stream, audio, visual, or audio-visual recording, photograph, or other reproduction or other publication of the Cruise (the “Footage”) and may also be used by or on behalf of the Company or any of the Company’s parent entities, subsidiaries, affiliates, partners, sponsors, officers, shareholders, successors or assigns for any purpose, including, but not limited to, archival, promotional, and commercial purposes, without any compensation to You. You waive all other rights in and to the Footage, including, but not limited to, all claims of so-called moral rights. This Footage may be used as a means to identify and facilitate the prosecution of illegal or impermissible conduct.
- Company owns the trademarks, imagery, name, likeness, and trade dress of the Cruise events and Royal Caribbean owns the trademarks, imagery, name, likeness, and trade dress of the cruise vessel (collectively, the “Cruise Intellectual Property”) and neither entity generally permits the use of the Cruise Intellectual Property by third parties. You agree not to make use of the Cruise Intellectual Property except for nominative fair use or with prior written permission from Company or Royal Caribbean as applicable.
- Company retains all webcast/Internet rights to the Cruise. Any live content, whether for Internet or otherwise, from the Cruise must be specifically agreed to in advance with Company. No one may transmit, broadcast, or communicate any live audio or visual image from the Cruise without Company’s and/or Royal Caribbean’s prior written permission. This prohibition includes use of any service which broadcasts to the Internet (including, but not limited to, CoverItLive, Meerkat, Pariscope, Qik, UStream, etc.). Even if you are a performer or sponsor, recording broadcasting, or communicating any live audio or visual image (whether for archival, documentary, or other use) is expressly prohibited, without the prior written permission of Company. Non-professional-grade small video cameras and cameras are allowed during the Cruise.
- Official T-shirts and other Cruise souvenirs are only on sale during the Cruise or at other authorized locations as designated by Company.
- Unless you have received written permission from Company, You may not sell any items during the Cruise. Unauthorized sale of goods during the Cruise may result in disciplinary action or your removal from the cruise vessel.
ARTICLE 6: BAGGAGE AND PROPERTY
- Each Passenger is permitted to carry onboard the cruise vessel or check-in only the wearing apparel and personal effects reasonably necessary for the Cruise, including suitcases, trunks, valises, satchels, bags, hangers containing clothing, toiletries and similar items. Royal Caribbean and Company reserve the right to refuse to permit any Passenger to take on board the cruise vessel any item deemed inappropriate.
- Unless negligent, Carrier and Company are neither responsible nor liable for any loss of or damage to Passenger’s property, whether contained in luggage or otherwise. Liability for loss of or damage to Passenger’s property in connection with any air or ground transportation shall be the sole responsibility of the provider of the service and in accordance with applicable limitations.
- You acknowledge that additional terms and conditions may apply to what can be brought on board the cruise vessel and that you have read and understood such terms as they are set out in any agreement entered into with Royal Caribbean as part of Your being issued a ticket and reservation. Company shall not be liable for Your failure to adhere to Royal Caribbean’s terms and conditions and any violation of Royal Caribbean’s baggage policies.
ARTICLE 7: WARRANTY DISCLAIMERS
Without limiting anything set forth in this agreement, You hereby represent and warrant that (i) You will not violate any applicable laws, ordinances and/or regulations at or in connection with the Cruise and/or activities corresponding to Your transactions with Company and/or via any authorized ticketing website; (ii) You are of sufficient legal age and authority to enter into any transaction with Company and/or via the authorized reservations ticketing website, to attend the Cruise, and to create legal binding obligations for any liability you may incur as a result of entering into this agreement; (iii) You are an authorized user of the credit or debit card used to enter into any transaction with Company and/or via the authorized reservations ticketing website; (iv) You shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by Company and/or any applicable third party; (v) You have obtained any and all passports, visas, health information and/or other permission necessary in connection with your transaction with Company and/or via the authorized reservations ticketing website; and (vi) You will not attempt to charge back Your purchase with Your bank or credit card company. Any attempt by You to charge back any or part of the purchase price or other charges incurred in connection with the Cruise, shall allow Company to (i) cancel Your reservation for the Cruise or any future events, or (ii) refuse to accept any reservation for any upcoming event(s).
ARTICLE 8: LIMITATIONS OF LIABILITY
- EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OR ANY OTHER APPLICABLE POLICY OF COMPANY OR ROYAL CARIBBEAN, ROYAL CARIBBEAN AND COMPANY SHALL NOT BE LIABLE FOR INJURY, DEATH, ILLNESS, DAMAGE, DELAY OR OTHER LOSS TO PERSON OR PROPERTY, OR ANY OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR ANY OTHER CAUSE BEYOND ROYAL CARIBBEAN’S OR COMPANY’S REASONABLE CONTROL, OR ANY ACT NOT SHOWN TO BE CAUSED BY ROYAL CARIBBEAN’S OR COMPANY’S NEGLIGENCE.
- YOU AGREE TO SOLELY ASSUME THE RISK OF INJURY, DEATH, ILLNESS OR OTHER LOSS, AND NEITHER COMPANY NOR ROYAL CARIBBEAN ARE RESPONSIBLE FOR YOUR USE OF ANY ATHLETIC OR RECREATIONAL EQUIPMENT; OR FOR THE NEGLIGENCE OR WRONGDOING OF ANY INDEPENDENT CONTRACTORS, INCLUDING BUT NOT LIMITED TO PHOTOGRAPHERS, SPA PERSONNEL OR ENTERTAINERS NOT DIRECTLY HIRED AND UNDER THE DIRECT SUPERVISION OF COMPANY OR ROYAL CARIBBEAN; OR FOR EVENTS TAKING PLACE OFF THE CRUISE VESSEL OR AS PART OF ANY SHORE EXCURSION, TOUR OR ACTIVITY.
- CARRIER AND COMPANY HEREBY DISCLAIM ALL LIABILITY TO YOU FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES, WHEN SUCH DAMAGES WERE NEITHER THE RESULT OF A PHYSICAL INJURY TO YOU, NOR THE RESULT OF YOU HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY THE CARRIER OR COMPANY. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL CARRIER OR COMPANY BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.
- IN NO EVENT WILL COMPANY, ROYAL CARIBBEAN OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE CRUISE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL COMPANY’S AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED ONE HUNDRED DOLLARS ($100) FOR ANY AND ALL CLAIMS, DAMAGES, AND ANY OTHER THEORIES OF LIABILITY, TO THE FULLEST EXTENT PERMITTED BY LAW. FOR LIMITATIONS ON AGGREGATE LIABILITY AS THEY RELATE TO YOUR RELATIONSHIP WITH ROYAL CARIBBEAN, PLEASE SEE ROYAL CARIBBEAN’S POLICIES AVAILABLE AT WWW.ROYALCARIBBEAN.COM.
- NEITHER ROYAL CARIBBEAN NOR COMPANY DISCLAIM ANY OBLIGATIONS OR LIABILITY UNDER ANY APPLICABLE STATUTES OR WAIVE ANY LIABILITY FOR GROSS NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.
ARTICLE 9: INDEMNIFICATION
- You hereby indemnify and hold harmless AMF Holdco, LLC, Royal Caribbean Cruises, Ltd., their related and affiliate companies, and each of their respective representatives, officers, directors, owners, members, trustees, agents, attorneys, employees, successors and assigns, and any other designated ticketing agent, Cruise sponsors/promoters, and the performing artists, including, but not limited to, their respective management, their agents, their staff and their designees (all such individuals collectively referred to herein as the “Indemnified Parties”) from any loss, liability, damage or cost in any way arising out of, or related to, Your actions and omissions at, around, or while traveling to and from, the Cruise and/or Your violation of these Ticketing Terms and Conditions.
- To the fullest extent permitted by law, You hereby waive, discharge, hold harmless and covenant not to sue the Indemnified Parties or seek any relief (including injunctive or other equitable relief) from any and all liability arising out of, or in connection with, the Cruise, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or experiences of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of, or related to, the Cruise, Your attendance on board the Cruise, or Your travel to and from the Cruise, except to the extent caused by the gross negligence or willful misconduct of the Indemnified Parties.
- IN NO EVENT WILL THE INDEMNIFIED PARTIES OR THEIR SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, OR OTHER DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF, OR IN CONNECTION WITH, THE CRUISE OR ANY PRODUCT OR SERVICE PURCHASED AT THE CRUISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER ATTENDEE OF THE CRUISE TO CONFORM TO THESE RULES, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT THE CRUISE, (III) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (IV) ANY LOST, STOLEN OR DAMAGED TICKETS, OR FAILURE OF CRUISE STAFF OR SECURITY TO HONOR YOUR TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE CRUISE IS TO LEAVE THE CRUISE. THE LIMITATIONS HEREIN WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN THE PARTIES IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, THE INDEMNIFIED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE BY YOU.
ARTICLE 10: GENERAL
- In no event shall the Indemnified Parties be liable for any claim unless written notice is given within six (6) months from the date of the loss.
- YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY DISPUTE IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE, YOU KNOWINGLY, VOLUNTARILY, INTENTIONALLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE OR CONFLICT IN CONNECTION WITH THIS AGREEMENT.
- By purchasing Your Ticket, You agree that: (i) any controversy or claim arising out of or relating to (a) the Cruise or (b) the determination of the scope or applicability of these Ticketing Terms and Conditions or their enforcement, arbitrability or interpretation (each, a “Claim”) You may have against the Indemnified Parties will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Texas; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Ticketing Terms and Conditions and any of the other agreements referenced herein that You may have entered into in connection with the Cruise; (v) the arbitrator shall apply Texas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Your and/or an Indemnified Party’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against You or any Indemnified Party; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against a Indemnified Party exceed $125 USD, and You are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor any Company Party shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
- You understand that the Indemnified Parties and all other related parties, including, but not limited to, each of the Indemnified Parties and the related parties’ management, employees, and agents, will not be held responsible, financially or otherwise, for any items that are left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere on the cruise vessel regardless of fault or reason, so act accordingly. Company recommends that You do not leave any valuable items unattended and encourages you to make use of the safe deposit box located in your stateroom or cabin on board the cruise vessel.
- You unconditionally agree that the terms and conditions contained herein and/or referenced herein represent the entire agreement between You and Company with respect to its subject matter, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter which contradict these terms, including, but not limited to, the text contained on the back of the actual ticket (if applicable) and/or any contrary understanding or agreements between You and Company. You unconditionally agree to be bound by any and all of the terms and conditions contained herein and/or referenced herein and any additions, changes and/or modifications thereof, which may be made from time to time without prior notice to You. Any updates to terms and conditions will be posted to the Company website at https://thefriendship.com.
- If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible so as to effect the intent of the parties hereto, and the other provisions contained herein will remain in full force and effect. Company’s failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
ARTICLE 11: CONTACT INFORMATION
- Questions about these Ticketing Terms and Conditions should be directed to email@example.com or by mailing your question(s) to the following address:
AMF Holdco, LLC
9242 Beverly Blvd., Suite 350
Beverly Hills, CA 90210 USA
Attention: General Counsel
© 2019 AMF Holdco, LLC. All Rights Reserved.