Guest Ticket Contract incorporating
Refusal to Transport Policy and the Guest Health, Safety and Conduct Policy
IMPORTANT NOTICE TO PASSENGERS
THIS GUEST TICKET CONTRACT IS APPLICABLE ONLY TO GUESTS WHOSE PRIMARY PLACE OF RESIDENCE IS MAINLAND CHINA (EXCLUDING HONG KONG, MACAU AND TAIWAN). IF YOUR PRIMARY COUNTRY OF RESIDENCE IS NOT MAINLAND CHINA THEN PLEASE VISIT HTTPS://WWW.ROYALCARIBBEAN.COM/GUEST-TERMS/ TO DETERMINE THE GUEST TICKET CONTRACT OR BOOKING TERMS AND CONDITIONS THAT APPLY TO YOU. PLEASE REFER TO SECTION 2.i. BELOW FOR THE DEFINITION OF “PRIMARY PLACE OF RESIDENCE.”
YOUR GUEST TICKET CONTRACT CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF PASSENGERS. IT IS IMPORTANT THAT YOU CAREFULLY READ ALL TERMS OF THIS CONTRACT. YOU ARE ESPECIALLY DIRECTED TO CAREFULLY READ AND UNDERSTAND SECTIONS 3, AND 10 THROUGH 12, AS THEY CONTAIN SIGNIFICANT LIMITATIONS ON YOUR RIGHTS TO ASSERT CLAIMS FOR PERSONAL INJURIES, ILLNESS OR DEATH, AND BAGGAGE AND PERSONAL PROPERTY LOSS OR DAMAGE, AGAINST CARRIER, THE VESSEL, RELATED ENTITIES AND THEIR OFFICERS, AGENTS AND EMPLOYEES, INCLUDING TIME LIMITS AND FORUM FOR CLAIMS AND SUITS, APPLICABLE LAW, ARBITRATION, CLASS ACTIONS AND IN REM PROCEEDINGS.
PASSENGER IS FURTHER DIRECTED TO PAY CLOSE ATTENTION TO SECTION 4 AND INFORMATION AVAILABLE AT THE CHINESE WEBSITE OF ROYAL CARIBBEAN INTERNATIONAL http://www.rcclchina.com.cn/ WHICH CONTAIN IMPORTANT TERMS, CONDITIONS, POLICIES, PROCEDURES AND REQUIREMENTS RELATED TO COVID-19.
1. INTRODUCTION
This Guest Ticket Contract (the “Ticket Contract” or the “Agreement”) describes the terms and conditions that will apply to the relationship between the Passenger (as defined in Section 2.g below) and the Carrier (as defined in Section 2.b below) of the Vessel with respect to the Cruise or CruiseTour covered by this Agreement. Except as otherwise expressly provided herein, this Agreement supersedes any other written or oral representations or agreements relating to the subject matter of this Agreement or the Cruise or the CruiseTour, but excluding the terms of the Cruise Lines International Association (“CLIA”) Passenger Bill of Rights that the Vessel’s Operator has adopted as a requirement of being a member of CLIA. In addition, Carrier’s policies and procedures relating to COVID -19 (“COVID-19 Policies and Procedures”) are described generally in Section 4 and elsewhere herein. Carrier reserves the right to change or modify these policies as required by relevant governmental agencies and health authorities. Carrier’s COVID-19 Policies and Procedures will be updated as needed and made available at the website of http://www.rcclchina.com.cn/. In the event of any conflict between the COVID-19 Policies and Procedures described herein and those described at the website, the website policies and procedures shall prevail.
Purchase or use of this Ticket Contract, whether or not signed by the Passenger, shall constitute the agreement by Passenger, on behalf of himself and all other persons traveling under this Ticket Contract (including any accompanying minors or other persons for whom the Ticket Contract was purchased), to be bound by the terms and conditions of this Ticket Contract. This Ticket Contract cannot be modified except in a writing signed by a corporate officer of Operator. In addition, Passenger acknowledges the availability of and Passenger agrees to abide by the terms and conditions, including but not limited to certain payment terms such as minimum deposit requirements and payment due dates, which appear in the applicable brochure or online at http://www.rcclchina.com.cn/ or, where applicable, as advised by your travel agent. Except as otherwise expressly provided herein, in the event of any conflict between such brochure or website materials and this Ticket Contract, the terms of this Ticket Contract shall prevail. Passenger can always access the most updated Guest Ticket Contract on the website of http://www.rcclchina.com.cn/.
2. DEFINITIONS
a. “Agreement” or “Contract” means the terms and conditions set forth in this Ticket Contract together with the Cruise or CruiseTour Fare due for Your Cruise or CruiseTour. Together, the items described in the preceding sentence shall constitute an agreement between Passenger and Carrier for the Cruise or CruiseTour.
b. “Carrier”shall include: (i) the Vessel, or any substituted ship; its launches or crafts; and (ii) the Vessel’s Operator, owner, manager and charterer.
c. “Cruise” means the specific cruise covered by this Ticket Contract, as the same may be modified and shall include those periods during which the Guest is embarking or disembarking the Vessel and those periods when the Guest is on land while the Vessel is in port.
d. “Cruise Fare” or “CruiseTour Fare” includes the amount due for the Cruise or CruiseTour, whether such amounts are owing and/or have been paid by the Passenger, but does not include amounts due for other products or services such as air transportation, photographs, gratuities, telephone calls, or medical services which can be purchased separately, nor does it include government or quasi-governmental taxes and fees, whether assessed on a per passenger, per vessel, per berth or per ton basis, nor any fuel surcharges, security surcharges or similar assessments made by airlines, trains, buses, hotels or other third parties which are subject to change and are due and payable by Passenger upon request. For CruiseTours that include air travel, airfare is included in the CruiseTour Fare.
Carrier reserves the right to impose a supplemental charge relating to unanticipated occurrences including, but not limited to, increases in the price of fuel. Any such supplement charges may apply, at Carrier’s sole discretion, to both existing and new bookings (regardless of whether such bookings have been paid in full). Such supplements are not included in the Cruise or CruiseTour Fare.
e. “CruiseTour” shall mean the combined vacation package officially published and offered by Carrier, which includes the applicable cruise and associated Land Tour.
f. “Operator” of the Vessel means the entity identified in Section 21 below.
g. “Passenger” or “Guest” or “You” means all persons traveling under this Ticket Contract and persons in their care, together with their respective heirs and representatives. “Passenger” shall include the plural and the use of the masculine shall include the feminine.
h. “Land Tour” shall mean the land tour component of a CruiseTour to be provided either prior to the initial embarkation on the cruise or after the final debarkation from the cruise.
i. “Primary Place of Residence” means the country where You primarily reside at the time of booking as should be indicated by You or your agent at the time your cruise booking was made. If You or your agent do not indicate your primary residence at the time of booking.
j. “Transport” means the railcars, buses and other modes of transportation or accommodation provided by LTO in connection with a Land Tour.
k. “Vessel” means the ship owned or chartered or operated by Operator on which Passenger may be traveling or against which Passenger may assert a claim, as well as any substituted ship used in the performance of this Ticket Contract.
3. BAGGAGE, PROPERTY AND LIMITATIONS OF LIABILITY
a. Baggage Limits and Prohibited Items. Each adult Passenger is permitted to carry onboard the 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. In no event shall any Passenger bring on board the Vessel or check-in, or in connection with the Land Tour, any illegal controlled substances, fireworks, live animals (except under the terms of Section 13.d below), weapons, firearms, explosives or other hazardous materials, or any other items prohibited by applicable law or Carrier policy. Passengers who violate the laws of any jurisdiction may be subject to being reported to law enforcement or customs authorities, arrest and prosecution. Passengers who bring on board dangerous items or any illegal drugs or controlled substances are also subject to immediate disembarkation or denial of boarding. Passengers shall have no claim for refund, loss, damage, inconvenience, or compensation whatsoever under any of these circumstances. Passenger shall be responsible to notify Carrier in advance of the Cruise if there is any question as to the permissibility of taking any item or substance onboard the Vessel. Carrier reserves the right to refuse to permit any Passenger to take on board the Vessel or on any mode of Transport any item Carrier deems inappropriate.
b. Liability for Loss of or Damage to Baggage. Unless negligent, Carrier is 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.
c. Limitation of Liability for Lost or Damaged Property. Notwithstanding any contrary provision of law or this Agreement, Carrier’s liability for loss or damage to property during the Land Tour portion of a CruiseTour is limited to $300.00 per Passenger. Notwithstanding any other provision of law or this Agreement, Carrier’s liability for loss or damage to property for the cruise (or for the cruise only portion of a CruiseTour) shall be limited as per the following standards:
(1) The liability of the Carrier for the loss of or damage to cabin luggage shall in no case exceed 833 Special Drawing Right (SDR) per Passenger, per sailing;
(2) The liability of the Carrier for the loss of or damage to luggage other than that mentioned in Sections 3.c (1) shall in no case exceed 1200 SDR per Passenger, per sailing.
d. Limited Carriage. Carrier does not undertake to carry as baggage any tools of trade, household goods (including but not limited to appliances and furniture), fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables. Each Passenger warrants that no such item will be presented to Carrier within any receptacle or container as baggage, and hereby releases Carrier from any liability whatsoever for loss of or damage to such items when presented to Carrier in breach of this warranty. In no event shall Carrier be liable for normal wear or tear of luggage or property, or loss of or damage to jewelry, cash, negotiable paper, photographic/electronic, medical or recreational equipment, dental hardware, eyewear, medications or other valuables unless they are deposited with Carrier on the Vessel for safekeeping against receipt (LTOs do not accept valuables for deposit). Carrier’s liability, if any, for loss of or damage to valuables so deposited shall not exceed the amounts indicated in Section 3.c above.
4. PUBLIC HEALTH, COVID-19 POLICIES AND PROCEDURES, KNOWING ACCEPTANCE OF THE RISKS
a. Acceptance of Risks. Before booking or sailing on a cruise, all guests should consider their individual risk level for severe illness resulting from pathogen exposure and make an informed travel decision on that basis. We recommend guests with a higher risk of severe illness consult with their doctor prior to booking or sailing with us. PASSENGER ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT WHILE ABOARD THE VESSEL, IN TERMINALS AND BOARDING AREAS, OR DURING ACTIVITIES ASHORE AND/ OR WHILE TRAVELING TO OR FROM THE VESSEL, THE PASSENGER OR OTHER PASSENGERS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19, INFLUENZA, COLDS AND NOROVIRUS. PASSENGER FURTHER UNDERSTANDS AND ACCEPTS THAT THE RISK OF EXPOSURES TO THESE COMMUNICABLE ILLNESSES AND OTHERS IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, IS BEYOND CARRIER’S CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. PASSENGER KNOWINGLY AND VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS TICKET CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.
b. Agreement to Abide by Current COVID-19 Policies and Procedures. Carrier’s COVID-19 Policies and Procedures are subject to guidance and directives of established health authorities of applicable jurisdictions, as well as destinations where the Vessel visits. Passenger acknowledges that these directives may change from time to time and that Carrier’s COVID-19 Policies and Procedures may therefore change. Passenger expressly agrees to comply not only with the COVID-19 Policies and Procedures as they are described herein, but also as they are set forth on our website http://www.rcclchina.com.cn/, at all times including pre-embarkation, while onboard, during port calls and shore excursions and/or final disembarkation. Passenger’s agreement to abide by Carrier’s COVID-19 Policies and Procedures constitutes an integral part of this Ticket Contract.
c. COVID-19 Policies and Procedures. Passenger understands that Carrier’s COVID-19 Policies and Procedures may or will include (but are not be limited to): (1) providing an accurate, truthful and complete health questionnaire in a form and containing any and all health or travel-related questions as required by Carrier in its sole discretion, for each Passenger prior to boarding; (2) pre-embarkation and/or periodic testing and temperature checks of each Passenger; (3) modified capacity rules for activities (including but not limited to restaurants, gyms, and entertainment events onboard and for shore excursions) which may limit or eliminate the ability of Passenger to participate in particular activities; (4) mandatory use by each Passenger (except where medically contraindicated) of face coverings in most locations outside of the Passenger’s cabin while onboard, during embarkation, disembarkation and shore excursions; (5) mandatory social distancing of Passengers at any/all times while on board and during embarkation, disembarkation, and shore excursions; (6) additional restrictions during shore excursions depending on local conditions, including but not limited to denial of disembarkation at destinations unless participating in only Carrier-approved shore excursions; (7) mandatory hand-sanitizing by Passenger upon entry or exit of any public areas; (8) confinement of Passengers to cabins, quarantine or emergency disembarkation of Passenger if, in Carrier’s sole discretion, such steps are necessary to prevent or slow the spread of COVID-19; (9) the required completion by Passenger in a timely manner of any written authorizations or consent forms required for Carrier to carry out its COVID-19 Policies and Procedures (including but not limited to medical information, medical privacy, or personal data privacy consent forms), (10) vaccination of Passengers with documentary proof satisfactory to Carrier, according to the criteria set forth in Carrier’s COVID-19 Policies and Procedures in effect at the time of sailing; and (11) other policies and procedures deemed by Carrier in its sole discretion to be necessary to reduce the risk of spread of COVID-19. Passenger acknowledges that: (i) Carrier’s Privacy Policy for Health Protection Measures (“Health Privacy Policy”) is an integral part of Carrier’s COVID-19 Policies and Procedures; (ii) the Health Privacy Policy has been made available to Passenger at the website of https://www.rcclchina.com.cn/content/brand/passenger/repeat ; and (iii) Passenger agrees to the terms of the Health Privacy Policy.
d. Mandatory Compliance with COVID-19 Policies and Procedures. Notwithstanding any other provision contained herein, any noncompliance by Passenger or members of Passenger’s travelling party with Carrier’s COVID-19 Policies and Procedures or this Ticket Contract shall be grounds for refusal to board, refusal to re-board after going ashore, quarantine onboard the Vessel, disembarkation, reporting to governmental or health authorities, or other steps deemed necessary in Carrier’s sole discretion under the circumstances to protect the health and well-being of others. Under these circumstances, Passenger shall not be entitled to a refund or compensation of any kind. Passenger will be responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to Passenger’s country of residence. Under no circumstances shall Carrier be liable for any damages or expenses whatsoever incurred by any Passenger as a result of such denial of boarding, refusal to re-board, quarantine, disembarkation, or other steps taken by Carrier.
5. MEDICAL CARE AND OTHER PERSONAL SERVICES
a. Availability of Medical Care. Due to the nature of travel by sea and the ports visited, the availability of medical care onboard the Vessel and in ports of call may be limited or delayed and medical evacuation may not be possible from the Vessel while at sea or from every location to which the Vessel sails.
b. Relationship with Service Providers. To the extent Passengers retain the services of medical personnel or independent contractors on or off the Vessel, Passengers do so at their sole risk. Any medical personnel attending to a Passenger on or off the Vessel, if arranged by Carrier, 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 the Carrier, as Carrier is not a medical provider. Likewise, any onboard concessions (including but not limited to the gift shops, spas, beauty salon, art program, photography, formalwear concessions) are either operated by or are independent contractors on board the Vessel, on Transport or elsewhere and are provided solely for the convenience of Passenger. Even though the Carrier 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 not acting as agents or representatives of Carrier. Carrier assumes 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. Guest acknowledges that the 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 Carrier is not responsible for their actions.
c. Payment for Medical or Personal Care Services. Passenger shall 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 Carrier and any costs associated with the provision of medical services as provided in the CLIA Passenger Bill of Rights. If Passenger is unable to pay and the Carrier pays for such expenses, then Passenger shall reimburse Carrier for those expenses.
6. SHORE EXCURSIONS, TOURS, FACILITIES OR OTHER TRANSPORTATION
a. Assumption of Risks. All arrangements made for or by Passenger for transportation (other than on the Vessel) before, during or after the Cruise or CruiseTour of any kind whatsoever, 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 Passenger’s convenience and are at Passenger’s risk.
b. Independent Contractor. The providers, owners and operators of such services, conveyances, products and facilities are independent contractors and are not acting as representatives of Carrier. In no event shall Carrier be liable for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to Passenger which occurs on or off the Vessel or the Transport as a result of any acts, omissions or negligence of any independent contractors. For the avoidance of doubt, any shore excursion or other services Passenger may purchase from a Travel Representative should be subject to terms and conditions agreed between Travel Representative and Passenger, and Carrier assumes no liability for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to Passenger which occurs during shore excursion or performance of such other services.
c. Restrictions due to Covid-19. As stated in Section 4 or as may be stated on Carrier’s website, Carrier’s COVID-19 Policies and Procedures will impose certain restrictions with regard to shore excursions relating to participation, location, time, eligible venues and persons with whom the Passenger may come into contact, as well as restrictions on the number of Passengers. Passenger understands and agrees that Carrier may prohibit Passenger from going ashore in any port of call, and/or limit Passengers going ashore to specific activities or excursions authorized by Carrier, for health- related reasons in its sole discretion. Even though Carrier may collect a fee for, or otherwise profit from, making such arrangements and offers for sale shore excursions, tours, hotels, restaurants, attractions, the Land Tour and other similar activities or services taking place off the Vessel for a profit and requires that any such person or entities comply with Carrier’s COVID-19 Policies and Procedures, it does not undertake to supervise or control such independent contractors or their employees, nor maintain their conveyances or facilities, and makes no representation, whether express or implied, regarding their suitability or safety.
d. Global Purchase Terms and Conditions. In addition to the above, the purchase of and participation in shore excursions arranged by Carrier is further governed by the Global Purchase Terms and Conditions, which are deemed to be incorporated by reference into this Ticket Contract. Any dispute or claim arising out of a shore excursion must be brought against the local shore excursion operator; however, if such a dispute or claim is made against Carrier it must be brought in accordance with the forum selection, governing law, and other limitation provisions set forth in Sections 10 through 12 below. For a copy of the Global Purchaser Terms and Conditions please visit https://www.royalcaribbean.com/guest-terms/.
7. CANCELLATION, DEVIATION OR SUBSTITUTION BY CARRIER
a. Carrier cannot guarantee that the Vessel will call at every port of call or follow every part of the itinerary. Itineraries may change from time to time, both before and after departure. Whilst Carrier always endeavors to avoid changes and cancellations, under certain circumstances, Carrier may find it necessary to cancel, advance, postpone or deviate from any scheduled sailing, port of call, destination, lodging or any activity on or off the Vessel, or substitute another vessel or port of call, destination, lodging or activity. Where possible, Carrier shall make reasonable endeavours to give notice to Passenger or its Travel Representative of any change or cancellation as soon as reasonably possible. Unless otherwise provided in Sections 4.e, 4.f. 7.d and 7.e, and except where a refund is required by law as a result of a declaration of a public health emergency or government order cancelling the Cruise or delaying boarding of the Vessel by Passengers by 24 hours or more, Carrier shall not be liable for any claim whatsoever by Passenger, including but not limited to loss, compensation or refund, by reason of such cancellation, advancement, postponement, substitution or deviation.
b. By way of example, and not limitation, Carrier may, without any liability, deviate from any scheduled sailing and may otherwise land Passenger and her property at any port if Carrier believes that the voyage or any Passenger or property may be hindered or adversely affected as a result of hostilities, blockages, prevailing weather conditions, labor conflicts, strikes onboard or ashore, breakdown of Vessel, congestion, docking difficulties, medical or life-saving emergencies, declared pandemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies or any other cause whatsoever, unless it is otherwise provided in this Ticket Contract or required by law.
c. Carrier shall have the right 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 the Passenger to assert any claim for liability, compensation or refund.
d. Cancellation, deviation or substitution may also be caused by a Force Majeure Event. “Force Majeure Event” refers to incidents that cannot be predicted, avoided and overcome, including but not limited to Acts of God, breakdown of the Vessel, hostilities, blockades, labor conflicts, strikes aboard or ashore, restraint of rulers or princes, war, fire, collision, directions of underwriters, arrest, order or restraint by governmental authorities or others, acts of terrorism, civil commotions, weather conditions (including typhoon) and considerations of safety of the Vessel (of which the Master shall be the sole judge), foundering of the Vessel or breakdowns of or damage to its hull, machinery and fittings (which Carrier could not have anticipated or avoided despite our normal comprehensive mechanical checks), inability to secure or failure of supplies including fuel, requisition of the Vessel, port congestion or blocking, travel advisories (warnings) issued by governments of the destinations/the World Health Organization, medical or lifesaving emergencies, red/black outbound travel alerts issued by government authorities, declared pandemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies, and any other situations of which the industry has no control and which are unfavorable to outbound trips of travelers, or other circumstances beyond the Carrier’s control (including but not limited to a change in Carrier’s fleet deployment caused by any of the aforementioned events). The followings shall apply in circumstances of cancellation, deviation or substitution by Carrier caused by a Force Majeure Event:
d.1 Pre departure, if Carrier is forced to cancel a cruise completely due to a Force Majeure Event (a change to the itinerary or substitution of ports of call shall not be deemed cancellation of a cruise), the sole liability of Carrier, shall be for refund to Passenger or Travel Representative (when booked through a Travel Representative) the payment received for your booking within thirty (30) days. Passenger booking through a Travel Representative should contact your Travel Representative for refund.
d.2 Pre departure, if itinerary change is required due to a Force Majeure Event and is deemed to have an adverse impact on the overall holiday experience, Passenger will have the following options: (i) accept the changed arrangements, in which case Carrier will, within thirty (30) days, refund to Passenger or its Travel Representative an amount, if any, calculated according to Section 7.d.3 below; or (ii) cancel the cruise, in which case Carrier will, within thirty (30) days, refund to Passenger or its Travel Representative 50% of the Cruise Fare received for your booking, plus port taxes and fees and, when shore excursion is purchased from Carrier, the shore excursion fee refunded to Carrier.
d.3 If Passenger chooses the first option mentioned in Section 7.d.2 above and accepts the changed arrangements, the refund, if any, will be made by Carrier to Passenger or its Travel Representative as follows: (i) if Carrier finds it impossible to complete the itinerary and has to shorten a cruise due to a Force Majeure Event, Carrier shall make a prorated refund to Passenger or its Travel Representative of the sum received for such booking for the number of days eliminated from the cruise itinerary. For purposes of this Section, each Cruise day shall be deemed to commence at 12:01 A.M. (local time). Any cruise that is canceled after 12:01 P.M. (local time) shall be deemed to be a full day of completed cruise. The time involved in returning to port of embarkation shall be deemed to be included in the cruise time, provided all services and accommodations are available onboard to Passengers at that time. (ii) if departure is delayed, call at a port is shortened, or returning to destination port is delayed, but the number of days remains the same, Carrier shall not be liable for any refund or compensation, but all services and accommodations will be made available onboard to Passengers. (iii) if port(s) of call is cancelled or substituted and Carrier receives a refund of port taxes and fees and/or shore excursion fee (for shore excursion purchased from Carrier only) due to such cancellation or substitution, Carrier shall refund such amount to Passenger or its Travel Representative.
d.4 After commencement of the cruise, if any deviation or substitution is required due to a Force Majeure Event, the sole liability for Carrier is (i) to refund Passenger or its Travel Representative any port taxes and fees and/or shore excursion fee (for shore excursion purchased from Carrier only) which are refunded to Carrier due to such changes, and/or (ii) when cruise is shortened, to refund to Passenger or its Travel Representative, a prorated refund of the sum received for Passenger’s booking for the number of days eliminated from the cruise itinerary. Refund shall be made within thirty (30) days after the end of the cruise.
e. In the event that a Cruise (or the cruise component of a CruiseTour) is cancelled or terminated early due to mechanical failures: (i) Passenger shall have a right to a full refund of the Cruise Fare if the Cruise is cancelled in full, or a partial refund if the cruise is terminated early; (ii) Carrier may cover or reimburse Passenger for additional costs (e.g. airline change fees) as deemed appropriate by the Carrier; (iii) if Passenger has travelled to the Vessel, Passenger shall have a right to transportation (by means selected by the Carrier) to the Vessel’s scheduled port of disembarkation or the Passenger’s home city; and (iv) Passenger shall have a right to lodging (selected by Carrier) if disembarkation and an overnight stay in an unscheduled port are required due to the Cruise or cruise component of a CruiseTour being cancelled or terminated early because of such mechanical failures.
f. Passenger, on behalf of himself and all other persons traveling under this Ticket Contract (including any accompanying minors or other persons for whom the Ticket Contract was purchased), agrees that should Passenger have any concern, issue or dispute in connection with the itinerary change, such matter should be dealt with in a legal and appropriate way. Under no condition should Passenger engage in demonstrations, protests or other behavior onboard which, in the Carrier’s opinion, is detrimental to the onboard atmosphere, the enjoyment of the cruise by other guests. Passenger should not compel Carrier to assume any liability by way of refusal to embark or disembark the Vessel, behave in any other extreme ways to protest (e.g. sit-ins, gatherings in public areas of the ship, inciting others to protest), interrupt the normal operation or sailing of the Vessel, or otherwise act in violation of the Guest Conduct Policy and laws or regulations of countries that are involved in the cruise. Passengers shall at all times comply with notices from the ship’s Captain and shall in addition comply with the Carrier’s Guest Conduct Policy. Failure to comply with this Section may subject Passenger to actions Carrier may take pursuant to Guest Conduct Policy, and Carrier may also hold Passenger liable for any losses it may suffer therefrom.
8. CANCELLATION OR EARLY DISEMBARKATION BY PASSENGER
a. If a Passenger books the cruise from a Travel Representative, then your Cruise or CruiseTour Fares, including but not limited to any fuel or other supplemental charges, government taxes and fees and other charges are established by your travel representative that took your booking and not the Carrier. Similarly, the payment schedule for your Cruise or CruiseTour Fares is established by your travel representative that took your booking and not the Carrier. In addition, all cancellation and refund policies for your Cruise or CruiseTour fares are established by your travel representative that took your booking and not the Carrier. If a Passenger books the cruise from a Travel Representative, any payments of the Cruise or CruiseTour Fares shall be made to the Travel Representative and not the Carrier. If Carrier received payment from your Travel Representative, the refund will be provided back to that Travel Representative, unless otherwise agreed by Carrier and Travel Representative.
Any refund due to Passenger as a result of cancellation by Passenger both prior to or after the Cruise or CruiseTour has begun shall be established and determined by the travel representative that took your booking who shall have sole liability for any refunds, where applicable. In the event of cancellation by the Passenger pre cruise, or early disembarkation of the Passenger for any reason, including pursuant to any provision of this Ticket Contract, such disembarkation shall be without refund, compensation, or liability on the part of the Carrier whatsoever.
b. If a Passenger books the cruise from the Carrier or its designated local affiliate (“Carrier Booking Office”), then your booking including, without limitation, Cruise or CruiseTour Fares, payment schedule, cancellation and refund policies) shall be bound by the terms and conditions of the Carrier Booking Office, as detailed below:
(1) Select fare programs (such as advance booking offers) require the payment at the time of booking of a nonrefundable deposit. Different from standard fare programs, that deposit amount shall not be refundable at any time after it has been paid. Change fees will apply to bookings for which the deposit is nonrefundable. While for standard fare programs, cruises that are cancelled prior to the sail date may be subject to a cancellation fee. The amount of the cancellation fee shall vary depending on how far in advance of the sail date the Carrier Booking Office receives notice of cancellation.
If cancellation is made
|
Cancellation Fee for Standard Fare Programs | Cancellation Fee for Select Fare Programs |
46 days or more prior to sail date | No cancellation fee
|
RMB1,000 per person |
45 to 30 days prior to sail date | RMB1,000 per person
|
RMB1,000 per person
|
29 to 8 days prior to sail date | 50% of cruise fare (excluding taxes and fees) | 50% of cruise fare (excluding taxes and fees) |
7 days or less prior to sail date | 100% of cruise fare (excluding taxes and fees) | 100% of cruise fare (excluding taxes and fees) |
(2) For bookings made outside of China or USD bookings for non-China homeport sailings, a different cancellation policy may apply. Contact your booking office or travel representative for details.
(3) Cancellation by the Passenger after the Cruise has begun, early disembarkation of the Passenger for any reason, including pursuant to any provision of this Ticket Contract, or “no-shows” shall be without refund, compensation, or liability on the part of the Carrier Booking Office whatsoever.
(4) Carrier Booking Office reserves the right to offer promotional cruise fares or other offers that may modify the cancellation polices set forth above. Please refer to your booking terms and conditions for any such booking.
c. Passenger acknowledges that for certain voyages, such as a round-trip voyage commencing in a United States port, the Passenger 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. Passenger hereby agrees to pay any such fine or penalty imposed because Passenger failed to complete the entire voyage and to reimburse Carrier in the event it pays such fine or penalty.
9. PASSENGER’S OBLIGATION TO COMPLY WITH AGREEMENT, APPLICABLE LAWS, AND RULES OF CARRIER; QUARANTINE; INDEMNIFICATION
a. Compliance Obligation Generally. Passenger shall at all times comply with the provisions of this Agreement, all applicable laws, and rules, policies and regulations of the Carrier, the Vessel and the Transport (as the same may be changed from time to time with or without notice), and Carrier’s COVID-19 Policies and Procedures as stated in Section 4 and at Carrier’s website http://www.rcclchina.com.cn/. Passenger agrees not to enter any areas of the Vessel designated for crew only, including crew quarters, under any circumstances whatsoever. Passenger further agrees that Carrier may prohibit or restrict Passenger from bringing any alcoholic beverages for consumption onboard the Vessel and agrees to comply with any Carrier policy covering such matters. Nothing in this Agreement shall grant to Passenger any right to market, advertise, promote, provide or sell products or services to other Passengers onboard the Cruise or CruiseTour and Passenger shall be prohibited from doing so.
b. Passengers are solely responsible to maintain in their possession all passports, visas and other travel documents required for embarkation, travel and disembarkation at all ports of call. Passengers assume full responsibility to determine through their Travel Representative or the appropriate government authority the necessary documents. Passenger agrees to provide to Carrier (at Carrier’s reasonable request) any travel documents. Carrier shall return such travel documents to Passenger by no later than the end of the cruise.
c. Passenger understands and agrees that Carrier has a zero tolerance policy for illegal activity and shall report such activity to the appropriate authorities.
d. Each adult Passenger undertakes and agrees to supervise at all times any accompanying minors to ensure compliance with the provisions of this Section 9.
e. Carrier may also change accommodation, 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, change a Passenger’s Land Tour, disembark or refuse to embark the Passenger and/or any Passenger responsible for any minor Passenger, or restrain any Passenger at any time, without liability, at the risk and expense of the Passenger, when in the sole opinion of Carrier or Captain the Passenger’s conduct or presence, or that of any minor for whom the Passenger is responsible, is believed to present a possible danger, security risk or be detrimental to himself or the health, welfare, comfort or enjoyment of others, or fails to abide by Carrier’s Covid-19 Policies and Procedures, and or is in violation of any provision of this Agreement.
f. Passenger, or if a minor, his parent or guardian, shall be liable for and indemnify Carrier, the Vessel and the Transport from any civil liability, fines, penalties, costs or expenses incurred by or imposed on the Vessel, the Transport or Carrier arising from or related to Passenger’s conduct or failure to comply with any provisions of this Section 9, including but not limited to: (i) any purchases by or credit extended to the Passenger; (ii) requirements relating to immigration, customs or excise (e.g. illegally stays at a port of call and fails to return to the Vessel by the embarkation cut-off time); (iii) any personal injury, death or damage to persons or property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger; or (iv) failure to abide by Carrier’s COVID-19 Policies and Procedures.
g. Carrier shall not be required to refund any portion of the Cruise or CruiseTour Fare paid by any Passenger who fails for any reason to be onboard the Vessel or Transport by the embarkation cut-off time applicable to the specific Cruise or CruiseTour 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 Passenger as a result thereof. Boarding cut-off times for any port of call or destination or point of departure are as announced on the applicable Cruise or CruiseTour.
h. Carrier may refuse to transport any Passenger, and may remove any Passenger from the Vessel or Transport 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 a Passenger refuses to permit search of his person or property for explosives, weapons, dangerous materials or other stolen, illegal or prohibited items; (iii) when a Passenger refuses upon request to produce positive identification; (iv) for failure to comply with Carrier’s rules and procedures, including, for example, Carrier’s Guest Health, Safety and Conduct Policy or Carrier’s policies against fraternization with crew; (v) Passenger’s passage is denied by Carrier pursuant to its Refusal to Transport policy; or (vi) when a passenger fails to abide by Carrier’s COVID-19 Policies and Procedures. Carrier’s Guest Health, Safety and Conduct Policy and Refusal to Transport policy are incorporated into the Guest Ticket Contract and are available online at the following website https://www.rcclchina.com.cn/content/brand/passenger/repeat.
i. In the interests of safety and security, Passengers and their baggage are subject to inspection or monitoring electronically with or without the Passenger’s consent or knowledge.
j. If Carrier exercises its rights under this Section 9, Passenger shall have no claim against Carrier whatsoever and Carrier shall have no liability for refund, compensation loss or damages of Passenger, including but not limited to any expenses incurred by Passenger for Accommodation or repatriation.
10. PERSONAL INJURY/ILLNESS/DEATH CLAIMS
a. FOR PERSONAL INJURY, ILLNESS OR DEATH OF A PASSENGER, IT IS AGREED BY AND BETWEEN PASSENGER AND CARRIER THAT ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS AGREEMENT, PASSENGER’S CRUISE, CRUISETOUR, LAND TOUR OR TRANSPORT, SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE A COMPETENT CHINESE COURT IN SHANGHAI. PASSENGER HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION THAT HE MAY HAVE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN THE APPLICABLE COURT LOCATED IN SHANGHAI.
b. TIME LIMITS FOR PERSONAL INJURY/ILLNESS/DEATH CLAIMS: NO SUIT SHALL BE MAINTAINABLE AGAINST CARRIER, THE VESSEL OR THE TRANSPORT FOR PERSONAL INJURY, ILLNESS OR DEATH OF ANY PASSENGER UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO CARRIER AT ITS PRINCIPAL OFFICE WITHIN SIX (6) MONTHS FROM THE DATE OF THE INJURY, ILLNESS OR DEATH AND SUIT IS COMMENCED (FILED) WITHIN TWO (2) YEARS FROM THE DATE OF SUCH INJURY, ILLNESS OR DEATH AND PROCESS SERVED WITHIN 120 DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY.
c. CLASS ACTION RELIEF WAIVER. PASSENGER HEREBY AGREES THAT PASSENGER MAY BRING CLAIMS AGAINST CARRIER ONLY IN PASSENGER’S INDIVIDUAL CAPACITY. EXCEPT WHERE APPLICABLE LAW PROVIDES OTHERWISE, PASSENGER AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER, VESSEL OR TRANSPORT WHATSOEVER SHALL BE LITIGATED BY PASSENGER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND PASSENGER EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING PASSENGER TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION AS PROVIDED IN SECTION 11 BELOW, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 11.b BELOW.
11. CLAIMS OTHER THAN FOR PERSONAL INJURY/ILLNESS/DEATH
a. ARBITRATION OF ALL OTHER CLAIMS: ANY AND ALL OTHER DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, EXCEPT FOR PERSONAL INJURY, ILLNESS OR DEATH OF A PASSENGER, 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 CONTRACT OR PASSENGER’S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY THE CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION (“CIETAC”) IN ACCORDANCE WITH CIETAC’S ARBITRATION RULES IN EFFECT AT THE TIME OF APPLYING FOR ARBITRATION (THE “RULES”), WHICH RULES ARE DEEMED TO BE INCORPORATED BY REFERENCE INTO THIS CLAUSE AND MAY BE AMENDED BY THE REST OF THIS CLAUSE. THE PLACE OF ARBITRATION SHALL BE SHANGHAI AND BOTH THE ENGLISH AND CHINESE LANGUAGES CAN BE USED IN THE ARBITRAL PROCEEDINGS. THE ARBITRATION TRIBUNAL (“TRIBUNAL”) SHALL CONSIST OF THREE (3) ARBITRATORS. THE PARTIES SHALL EACH DESIGNATE ONE (1) ARBITRATOR. THE TWO (2) ARBITRATORS THUS APPOINTED SHALL DESIGNATE THE THIRD ARBITRATOR WHO SHALL BE THE PRESIDING ARBITRATOR. IF WITHIN FIFTEEN (15) BUSINESS DAYS OF A REQUEST FROM ANY OTHER PARTY TO DO SO A PARTY FAILS TO DESIGNATE AN ARBITRATOR, OR IF THE TWO (2) ARBITRATORS FAIL TO DESIGNATE THE THIRD ARBITRATOR WITHIN FIFTEEN (15) BUSINESS DAYS AFTER THE CONFIRMATION OF APPOINTMENT OF THE SECOND ARBITRATOR, THE APPOINTMENT SHALL BE MADE, UPON REQUEST OF ANY PARTY, BY THE CHAIRMAN OF CIETAC IN ACCORDANCE WITH THE RULES. ANY AWARD OF THE TRIBUNAL SHALL BE MADE IN WRITING AND SHALL BE FINAL AND BINDING ON THE PARTIES FROM THE DAY IT IS MADE.
b. TIME LIMITS FOR NON-INJURY/ILLNESS OR DEATH CLAIMS: NO PROCEEDING DESCRIBED IN SECTION 11(a) MAY BE BROUGHT AGAINST CARRIER, VESSEL OR TRANSPORT UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO CARRIER AT ITS PRINCIPAL OFFICE WITHIN SIX MONTHS AFTER TERMINATION OF THE CRUISE OR CRUISETOUR (WHICHEVER IS LATER) TO WHICH THIS TICKET CONTRACT RELATES. IN NO EVENT SHALL ANY SUCH PROCEEDING DESCRIBED IN SECTION 11(a) BE MAINTAINABLE UNLESS SUCH PROCEEDING SHALL BE COMMENCED (FILED) WITHIN ONE YEAR AFTER THE TERMINATION OF THE CRUISE OR CRUISETOUR (WHICHEVER IS LATER) TO WHICH THIS TICKET CONTRACT RELATES AND VALID NOTICE OR SERVICE OF SUCH PROCESS IS EFFECTED WITHIN SIXTY (60) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY.
c. IN THE EVENT OF AN IN REM PROCEEDING AGAINST THE VESSEL, PASSENGER HEREBY IRREVOCABLY AGREES THAT THE POSTING OF A LETTER OF UNDERTAKING FROM ANY OF CARRIER’S INSURERS SHALL CONSTITUTE AN ADEQUATE AND APPROPRIATE FORM OF SECURITY FOR THE IMMEDIATE RELEASE OF THE VESSEL IN LIEU OF ARREST.
12. LIMITATIONS OF LIABILITY
a. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, CARRIER 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 A FORCE MAJEURE EVENT OR ANY OTHER CAUSE BEYOND CARRIER’S REASONABLE CONTROL, OR ANY ACT NOT SHOWN TO BE CAUSED BY CARRIER’S WILLFUL MISCONDUCT OR NEGLIGENCE.
b. PASSENGER AGREES TO SOLELY ASSUME THE RISK OF INJURY, DEATH, ILLNESS OR OTHER LOSS, AND CARRIER IS NOT RESPONSIBLE FOR PASSENGER’S 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; OR FOR EVENTS TAKING PLACE OFF THE CARRIER’S VESSELS, LAUNCHES OR TRANSPORTS, OR AS PART OF ANY SHORE EXCURSION, TOUR OR ACTIVITY.
c. CARRIER HEREBY DISCLAIMS ALL LIABILITY TO THE PASSENGER 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 THE PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY THE CARRIER. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL CARRIER BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.
d. CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA AND THE “ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974, AS WELL AS THE “PROTOCOL TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1976 AS AMENDED FROM TIME TO TIME AND SO FAR AS IT APPLIES (“ATHENS CONVENTION”). THE ATHENS CONVENTION LIMITS THE CARRIER’S LIABILITY FOR DEATH OR PERSONAL INJURY TO A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS AS DEFINED THEREIN (APPROXIMATELY U.S. $70,000, WHICH AMOUNT FLUCTUATES, DEPENDING ON DAILY EXCHANGE RATE AS PRINTED IN THE WALL STREET JOURNAL) IF THE PASSENGER PROVES THAT THE INCIDENT WAS A RESULT OF CARRIER’S FAULT OR NEGLECT.
e. THIRD PARTY BENEFICIARIES. THE EXCLUSIONS AND LIMITATIONS OF CARRIER SET FORTH IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THOSE CONTAINED IN THIS SECTION 12, AS WELL AS ALL RIGHTS, DEFENSES AND IMMUNITIES SET FORTH IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE JURISDICTION, TIME LIMITATION AND GOVERNING LAW PROVISIONS THEREOF, SHALL ALSO APPLY TO AND BE FOR THE BENEFIT OF CERTAIN DESIGNATED THIRD PARTY BENEFICIARIES WHICH INCLUDE THE PARENT, SUBSIDIARY, AFFILIATE, AND SUCCESSOR COMPANIES AND ASSIGNS OF ALL THE ENTITIES IDENTIFIED IN SECTION 2.b ABOVE OR IN THIS SECTION 12.e; THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CREW AND PILOTS OF ALL THE ENTITIES IDENTIFIED IN SECTION 2.b ABOVE OR IN THIS SECTION 2.e, AND ANY AGENTS, INDEPENDENT CONTRACTORS, SUPPLIERS AND ALL CONCESSIONAIRES, PHYSICIANS AND MEDICAL PERSONNEL, RETAIL SHOP PERSONNEL, HEALTH AND BEAUTY STAFF, FITNESS STAFF, SHORE EXCURSION PROVIDERS, TOUR OPERATORS (INCLUDING, BUT NOT LIMITED TO, THE LTO), SHIPBUILDERS, MANUFACTURERS AND DESIGNERS OF THE VESSEL OR TRANSPORT, AND/OR SUPPLIERS AND INSTALLERS OF ALL COMPONENT PARTS, LAUNCHES, APPURTENANCES, CRAFTS OR FACILITIES, WHETHER PROVIDED AT SEA OR ON SHORE, BELONGING TO THE VESSEL OR ANY SUBSTITUTE SHIP OR TRANSPORT, OR OWNED OR OPERATED BY ITS OWNERS, OPERATORS, MANAGERS, AGENTS, CHARTERERS, CONTRACTORS, CONCESSIONAIRES OR OTHERS; AS WELL AS OWNERS AND OPERATORS OF ALL SHORESIDE PROPERTIES AT WHICH THE VESSEL OR ANY SUBSTITUTED SHIP OR THE TRANSPORT MAY CALL.
13. FITNESS TO TRAVEL; DENIAL OF BOARDING; MINORS
a. Passenger warrants that he and those traveling with him are fit for travel and that such travel will not endanger themselves or others.
b. Minors. Any Passenger under the age of 18 shall be considered a minor and must travel with a parent or Legal Guardian or such other person as may be permitted by Carrier’s policies.
c. Minimum Age. For cruises that depart from North America, the minimum age requirement to sail is twenty one (21). For cruises that depart from Europe, Asia, South America, New Zealand or Australia, the minimum age requirement to sail is eighteen (18). A guest’s age is established as his/her age upon the first day of sailing. Carrier reserves the right to request proof of age at any time.
Guests who do not meet the minimum age requirement will not be assigned to a stateroom unless accompanied in the same stateroom by an adult meeting the age requirement. Nonetheless this policy will be waived for an underage guest (minor) sailing with his/her parent(s) or official legal guardian, when the minor is in a stateroom which is directly next door or opposite the stateroom of the parent/legal guardian. Under this waiver, an equal number of unrelated minors are allowed in the same stateroom. (i.e. a child in the stateroom next door to the parent(s) can bring one friend/family member with them, two children can bring 2 friends/family members, etc.).
There are no exceptions to this policy, except for married couples who are allowed to sail together in a stateroom without anyone over the age of 18/21 being required. But documentary proof of marriage needs to be provided in advance.
d. Pregnancy and Infants. Any Passenger who will enter the 24th week of pregnancy by the beginning of, or at any time during their cruise or CruiseTour agrees not to book the cruise or board the Vessel or Transport under any circumstances.
No infants under a specific age (at least six (6) months for most cruises but twelve (12) months for other cruises, e.g. Trans Atlantic, Trans Pacific, Voyages of three or more consecutive sea days where there is limited medical care, and Remote areas such as the Amazon, Greenland, Antarctica, etc.) shall be booked on a cruise or CruiseTour, nor brought onboard the Vessel or Transport by any Passenger under any circumstances. The most current minimum age requirements are available online at www.royalcaribbean.com.
e. Special Needs. Any Passenger with mobility, communication or other impairments, or other special or medical needs that may require medical care or special accommodation during the cruise or CruiseTour, including but not limited to the use of any service animal, must notify the Carrier of any such condition at the time of booking. Passenger agrees to accept responsibility and reimburse Carrier for any loss, damage or expense whatsoever related to the presence of any service animal brought on board the Vessel or Transport. Passengers acknowledge and understand that certain international safety requirements, shipbuilding standards, and/or applicable regulations involving design, construction or operation of the 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 Vessel) as wheelchairs carried on board are for emergency use only.
f. Carrier shall have the right to deny boarding for violations of any of the policies set forth in this Section. If Carrier exercises its rights under Section 4 or this Section 13, Passenger shall have no claim against Carrier whatsoever and Carrier shall have no liability for refund, compensation loss or damages of Passenger, including but not limited to any expenses incurred by Passenger for accommodation or repatriation.
g. Recreational water facilities. Our recreational water facilities do not have a lifeguard on duty. Children must be supervised by a parent or legal guardian at all times while in the pools, whirlpools and other recreational water feature areas.
h. Alcoholic policy. Fleet Wide Policy: The minimum drinking age for all alcoholic beverages on Royal Caribbean International ships depends on the location of the ship at the start of the cruise itinerary. For ships originating in Europe, Asia, Australia, New Zealand and South America, the minimum drinking age limit is eighteen (18). For ships originating in North America, the minimum drinking age is twenty-one (21). At private shore-side resorts such as Labadee and Coco – Cay and when in U.S. ports, the minimum drinking age is twenty-one (21). Carrier reserves the right to vary minimum age limits without notice where local laws require or where deemed desirable or necessary.
If a guest that is below the minimum age limit to consume alcohol onboard has a birthday during a cruise itinerary that would then mean they meet the minimum age limit for consuming alcohol onboard, they must notify the Guest Relations Desk and provide evidence in the form of their passport as proof of age in order to allow the Guest Relations Desk to update their details and permit them to purchase alcohol onboard.
14. ONBOARD ACTIVITIES RISK DISCLOSURE AND ACKNOWLEDGMENT
Passenger acknowledges that he should carefully read the descriptions of the activities onboard the Vessel to understand the requirements, restrictions, and potential risks, before he participates in such activities. Participation in the onboard activities is voluntary. Not all activities are available on every Vessel. Passenger agrees and acknowledges there may be a risk when voluntarily participating in the activities onboard. Passenger agrees to read warning signs onboard and decide for himself or any minor travelling with him whether they want to participate in such activities with a full understanding of the rules and potential risks. Particularly, Passenger acknowledges that he has read the descriptions below:
Fleetwide:
a. Rock Climbing Wall. Allows Passengers to climb as high as 60 feet above deck (depending on the Vessel) on the Rock Climbing Wall while wearing a safety harness. Restrictions: Must be at least 6 years of age; weight restrictions apply based on equipment and must be able to fit into the harness. Clothing: must wear shorts or pants, socks, dry clothes and climbing shoes which will be provided, no skirts or bikini bottoms.
On Several Vessels:
b. Ice Skating Rink. Passengers may engage in unsupervised ice skating during specific hours. Restrictions: Children under 5 years of age must be accompanied on the rink by a parent or Legal Guardian. Ice skates and helmets will be provided. Must wear helmet, long pants and socks. It is the responsibility of the Passenger to make sure that their skates and helmet, and those of any minors, fit properly and are properly fastened.
c. Zipline. Allows Passengers to race across on a Zip Line suspended nine decks above the Vessel’s Boardwalk®. Restrictions: Must weigh no less than 75lbs and no more than 275 lbs and be at least 52 inches tall.
d. RipCord® by iFLY. Allows Passengers to float suspended in the air in this skydiving simulator on deck. Restrictions: Must be at least 3 years of age. Passengers shorter than 6 feet must weigh less than 230 lbs. Passengers 6 feet and taller must weigh less than 250 lbs. Must wear equipment provided.
e. Circus Trapeze School. Trapeze School at the SeaPlex® allows Passengers to take flying trapeze lessons. Safety mats are provided to cushion Your landing. Restrictions: Must be at least 6 years of age, and able to climb a ladder and hang on a trapeze.
f. Roller Skating Rink. Passengers may engage in unsupervised roller skating at the Vessel’s roller-skating rink. Restrictions: Children under 5 years of age must be accompanied on the rink by a parent or Legal Guardian. Helmets must be worn. All other safety equipment provided is optional, but highly recommended. It is the responsibility of the Passenger to make sure that their skates, and helmet, and those of any minors, fit properly and are properly fastened.
g. Sky Pad℠. Allows Passengers to participate in a supervised bungee trampoline experience. Passenger must be strapped into a safety harness, will be fitted with a virtual reality headset, and suspended by bungee cords over a trampoline. During this activity, Passenger determines how high to jump or whether to jump at all. Restrictions: Must be at least 5 years old to jump and at least 7 years old to jump while wearing a virtual reality headset. Otherwise, wearing of virtual reality headset is optional. Must weigh at least 20 lbs and no more than 240 lbs.
h. FlowRider. The FlowRider® surf simulator causes 30,000 gallons of water per minute to rush underneath the rider at 30 mph creating force similar to 5-ft oceanwaves in the rear wipe-out area, whereas in the front wipe-out area the water depth may be as little as 1 inch. Although the fall area is padded, there is a high risk of injury upon falling and upon being swept by the rushing water into the back of the rear wipe-out area and forced against the back wall. Participants must be at least 58 inches tall to stand up surf and 52 inches to Boogie Board. No loose articles may be worn including knee braces, arm braces, leg braces, hats or sunglasses.
WARNING/ACKNOWLEDGMNENT OF RISK: THE ACTIVITIES LISTED ABOVE ARE ALL VOLUNTARY AND ARE NOT SUITABLE FOR ALL GUESTS. YOU OR YOUR CHILDREN MAY SUFFER MINOR OR SERIOUS PHYSICAL INJUR(IES) OR DEATH. THE RISKS OF INJURY INCLUDE (BUT ARE NOT LIMITED TO): BROKEN BONES, FRACTURES, CONCUSSIONS, DIZZINESS, MOTION SICKNESS, DISLOCATIONS, CONTUSIONS, TORN LIGAMENTS AND TENDONS, SPRAINS AND STRAINS, CUTS TO THE HEAD, BODY AND/OR LIMBS, TORN FINGER AND TOE NAILS, BUMPS AND BRUISES, PROPERTY LOSS OR DAMAGE, ABRASIONS AND/OR LACERATIONS. ALTHOUGH RARE, CATASTROPHIC INJURIES MAY OCCUR, AND COULD INCLUDE PERMANENT DISABILITY, SPINAL INJURY, PARALYSIS, OR DEATH. PARTICIPANTS ELECT TO VOLUNTARILY PARTICIPATE IN THE ACTIVITY(IES) WITH FULL KNOWLEDGE AND ACCEPTANCE OF ANY AND ALL RISKS ASSOCIATED THEREWITH. PARENTS AND LEGAL GUARDIANS TRAVELLING WITH MINOR CHILDREN WHO ENGAGE IN SUCH ACTIVITY(IES) ARE DEEMED TO HAVE WARNED THE CHILDREN OF THESE RISKS AND ASSUMED THE RISK ON THE CHILD’S BEHALF.
15. USE OF PHOTOS, VIDEOS OR RECORDINGS
Passenger hereby grants to Carrier (and its assignees and licensees) the exclusive right throughout the universe and in perpetuity to include photographic, video, audio and other visual or audio portrayals of Passenger taken during or in connection with the Cruise or CruiseTour (including any images, likenesses or voices) in any medium of any nature whatsoever (including the right to edit, combine with other materials or create any type of derivative thereof) for the purpose of trade, advertising, sales, publicity, promotional, training or otherwise, without compensation to the Passenger. Such grant shall include the unrestricted right to copy, revise, distribute, display and sell photographs, images, films, tapes, drawings or recordings in any type of media (including but not limited to the Internet). Passenger hereby agrees that all rights, title and interest therein (including all worldwide copyrights therein) shall be Carrier’s sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger.
Passenger hereby agrees that any recording (whether audio or video or otherwise) or photograph of or made by Passenger, other Passengers, crew or third parties onboard the Vessel or depicting the Vessel, its design, equipment or otherwise shall not be used for any commercial purpose, in any media broadcast or for any other non-private use without the express written consent of Carrier. The Carrier shall be entitled to take any reasonable measure to enforce this provision.
16. YOUR TRAVEL REPRESENTATIVE
Passenger acknowledges and confirms that any Travel Representative utilized by Passenger in connection with the issuance of this Ticket Contract is, for all purposes, Passenger’s Representative and Carrier shall not be liable for any representation made by said Travel Representative. Passenger understands and agrees that receipt of this Ticket Contract or any other information or notices by Passenger’s Travel Representative shall be deemed receipt by the Passenger as of the date of receipt by the Representative. Passenger acknowledges that Carrier is not responsible for the financial condition or integrity of any Travel Representative.
17. SEVERABILITY
Any provision of this Agreement that is determined in any jurisdiction to be unenforceable for any reason shall be deemed severed from this Agreement in that jurisdiction only and all remaining provisions shall remain in full force and effect.
18. TRANSFERS AND ASSIGNMENTS
This Ticket Contract is non-transferable. Among other things, this means that the Passenger cannot sell or transfer this Ticket Contract to someone else, and Carrier shall not be liable to the Passenger or any other person in possession of a Ticket Contract for honoring or refunding such Ticket Contract when presented by such other person. Carrier may assign, convey or transfer its rights and obligations in this Agreement to any parent, subsidiary or affiliate of the Carrier who is scheduled to operate the Vessel at the time of the Cruise.
19. RELATIONSHIP TO OTHER PURCHASES
To the extent permitted or required by law, this Agreement also covers Carrier’s Royal Caribbean Travel Protection Program products, shore excursions, land and hotel packages, if applicable.
20. APPLICABLE LAW
This Guest Ticket Contract shall be governed by and construed in accordance with the laws of the People’s Republic of China.
21. CARRIER
Depending upon your actual sailing, the Operator for a Royal Caribbean International sailing may be one of the following entities:
Royal Caribbean Cruises Ltd.(皇家加勒比游轮有限公司): 1050 Caribbean Way, Miami, Florida 33132
RCL Cruises Ltd. (RCL游轮有限公司):7 The Heights, Brooklands, Weybridge, Surrey, KT13 0XW, United Kingdom.
RCL Cruises (Cyprus) Ltd.(RCL游轮(塞浦路斯)有限公司): Neocleous House, 195 Makarios III Avenue, 1-5th, Limassol, CY-3030 Cyprus
Updated Jan. 2023
REFUSAL TO TRANSPORT POLICY
Royal Caribbean Group
(Last Updated: November 20, 2020)
This Refusal to Transport Policy (hereinafter referred to as the “Policy”) is intended to help ensure that all guests are able to participate in a safe, secure and enjoyable cruise vacation. This Policy provides a non-exhaustive list of grounds for, and seeks to clearly communicate the process by which Royal Caribbean International, Celebrity Cruises, Silversea Cruises and Azamara (collectively referred to herein as ”Royal Caribbean Group,” the “Cruise Line(s),” “our,” “we” or “us”) may: (i) refuse to transport a guest; and (ii) may remove a guest from any vessel or other modes of transportation or accommodation, including our private destinations.
The terms of this Policy are valid from the date shown above, and will remain in full force until we choose, in our sole discretion, to update or modify all or part of the Policy. Updates or the modifications to the Policy may be made and shall be effective without publication, although we will endeavor to post any updates or modifications to the Policy in a timely manner and to a publicly accessible forum, including but not limited the various Royal Caribbean Group websites or mobile phone applications.
GUEST EXHIBITING SYMPTOMS OF COMMUNICABLE DISEASE (E.G. COVID-19) OR GUESTS WHOSE HEALTH SCREENING RESULTS LEAD US TO BELIEVE THEY MAY PRESENTLY BE CARRIERS OF COMMUNICABLE DISEASE MAY BE DENIED BOARDING. ADDITIONALLY, GUESTS WHO ARE CLOSE CONTACTS OF ANY PERSON (INCLUDING OTHER GUESTS OR CREW) WHO IS CONFIRMED OR SUSPECTED OF HAVING CONTRACTED ANY COMMUNICABLE DISEASE MAY BE DENIED BOARDING.
PLEASE NOTE THAT WHEN WE UNDERTAKE TO REFUSE TO TRANSPORT AND/OR REMOVE A MINOR FROM A VESSEL, THE REFUSAL TO TRANSPORT AND OUR REMOVAL AUTHORITY SHALL EXTEND TO BOTH THE MINOR AND ALL ADULTS RESPONSIBLE FOR SUPERVISING THE MINOR.
THIS POLICY IS SUBJECT TO THE CAPTAIN’S OVERRIDING AUTHORITY UNDER NATIONAL OR INTERNATIONAL LAW TO MAKE AND EXECUTE DECISIONS WHICH, IN THE CAPTAIN’S SOLE PROFESSIONAL JUDGEMENT, ARE NECESSARY TO MAINTAIN THE SAFETY AND SECURITY OF THE SHIP.
Enforcement of this Policy
Should we refuse to transport a guest or remove a guest from a vessel or other modes of transportation or accommodation, including our private destinations, such action may be accompanied by one or more of the following enforcement measures:
• Enforcement action by security personnel, other management personnel, or law enforcement;
• Reporting to the competent government and law enforcement authorities;
• Removal of certain onboard privileges, which may include being detained, quarantined or confined in a stateroom or holding cell;
• Confiscation of illegal, contraband or prohibited items, which may, at our discretion, be turned over to law enforcement authorities;
• Denial of boarding or removal from the vessel; and/or
• Denial of boarding on any future Royal Caribbean Group cruise vacation.
OUR DECISION(S) TO REFUSE TO TRANSPORT A GUEST OR REMOVE A GUEST FROM OUR VESSEL, MODE OF TRANSPORTATION OR PRIVATE DESTINATION SHALL BE IN OUR SOLE DISCRETION, AND SHALL BE FINAL.
Consequences of Refusal to Transport or Removal
Guest is Responsible for Expenses Incident to Removal
Guests refused transport or removed from a Royal Caribbean Group ship are responsible for all expenses incident to the refusal to transport or removal, including but not limited to any accommodations and transportation. Any documentation requirements for re-entry into the guest’s home country are also the responsibility of the guest.
Limited Recourse
To the maximum extent allowed by law, Guests removed from a vessel or otherwise refused transport pursuant to this Policy shall be limited to the recourse(s), if any, specified in the applicable Cruise Ticket Contract or booking terms.
NON-EXHAUSTIVE LISTING OF GROUNDS FOR
REFUSAL TO TRANSPORT OR REMOVAL FROM VESSELS, OR PRIVATE DESTINATIONS
We may, in our sole discretion, refuse to transport any guest at any time and may remove any guest from our vessel or other modes of transportation or accommodation at any time (the “Refusal”), for any of the following reasons. These reasons are provided as representative examples, are non-exhaustive, and are not meant to limit: (a) our authority or ability to enforce this Policy, (b) the authority of the various applicable jurisdictions prior, during or after a voyage, or (c) the Captain’s overriding authority pursuant to international law:
1. Government Request or Regulation. Whenever Refusal is necessary to comply with any government regulations, directives, or instructions; or to comply with any governmental request for emergency transportation in connection with the national defense, or a government order or declaration of public emergency.
2. Failure to Comply with Law. Refusal may be necessary when a guest fails or refuses to comply with any law, government order or regulation, including all applicable laws, governmental orders or regulations of the various countries visited by our vessel(s) during the voyage.
3. Force Majeure. Whenever Refusal is necessary or advisable by reason of weather or other conditions beyond our control, whether actual, threatened, or reported, including, but without limitation: acts of God; epidemic or pandemic; concerns for the health, safety or security of the guest, other guests or crew; strikes; civil commotions; embargoes; wars; hostilities; disturbances; or any other force majeure events detailed in the applicable Cruise Ticket Contract.
4. Failure to Permit Search of Guest or Property. Refusal may be necessary when a guest refuses to permit a search of his or her person or property for explosives, weapons, dangerous materials, or other stolen, illegal or prohibited items.
5. Failure to Produce Proof of Identity. Refusal may be necessary when a guest declines or otherwise refuses to produce positive identification upon our request.
6. Failure to Produce Necessary Travel Documents. Refusal may be necessary when a guest will be traveling across any international boundary and: (1) the travel documents of such guest are not in order; or (2) such transportation would be unlawful.
7. Failure to Comply with Cruise Line’s Rules or Policies. Refusal may be necessary if a guest fails or refuses to comply with any of our rules, policies or procedures including, but not limited to, Royal Caribbean Group’s Guest Health, Safety and Conduct Policy, which is incorporated herein by reference.
8. Failure to Comply with Crew Member Instructions. Refusal may be warranted if a guest attempts to interfere with any member of the crew of the vessel in the pursuit of his or her duties, or fails to obey the instruction of the Captain or any member of the crew.
9. Failure to Comply with Cruise Line’s Cruise Ticket Contract. Refusal may be necessary when we, in our sole discretion, determine that a guest may be in breach of any term of the applicable Cruise Ticket Contract, or when the guest’s conduct or presence is in violation of any term of the applicable Cruise Ticket Contract. By way of non-limiting example, this includes, but is limited to, failure to meet the Cruise Ticket Contract requirements regarding minimum age for booking.
10. Inappropriate Guest’s Conduct. Refusal may be warranted when we determine a guest’s conduct to be disorderly, abusive or violent, or when a guest’s behavior may be hazardous to himself/herself, the crew, or other guests.
Refusal may also be warranted if a guest attempts to sell or advertise products or services onboard or attempts to or engages in demonstrations, protests or other behavior onboard which, in the Cruise Line’s sole opinion, is detrimental to the onboard atmosphere, the enjoyment of the cruise by other guests or is contrary to the rights or expectations of the Cruise Line, concessionaires or vendors onboard the vessel.
11. Unsafe or Unhealth Guest Condition. Refusal may be warrantd if a guest is seriously ill or is determined by our Medical Staff or other qualified medical personnel to be unfit to travel.
12. Previous Violations. Refusals may be warranted when we determine, in our sole discretion, that a guest previously committed a violation of any of our policies, including but not limited to our Guest Health, Safety and Conduct Policy, on any of our previous voyages.
13. General Grounds for Refusal: Refusal may be warranted when we, in our sole discretion deem the Refusal to be in the best interest of: (a) any Cruise Line, (b) the guest’s comfort, enjoyment, health, welfare or safety, (c) other guest’s comfort, enjoyment, health, welfare or safety, (d) any of our employee’s comfort, enjoyment, health, welfare or safety, (e) the prevention of damage to our property or the property of guests or employees.
No Conflict with Other Policies
No portion of this Policy shall be interpreted in a manner so as to conflict with any other policy adopted by us. Subject to the foregoing, our policies are to be taken as mutually explanatory of one another and, in the case of ambiguities or discrepancies within or between such parts, the same shall be explained and interpreted, if possible, in a manner which gives effect to each part and which avoids or minimizes conflicts among such parts.
Guest Health, Safety and Conduct Policy
Royal Caribbean Group
(Last Updated: February 28, 2022)
Throughout their history, Royal Caribbean International, Celebrity Cruises, and Silversea Cruises (collectively referred to herein as “Royal Caribbean Group,” “our,” “we” or “us”) have provided guests with a wide variety of cruise experiences that lead to exceptional vacations. Whether it’s our professional and friendly crew, our unmatched fleet of ships, variety of activities, our extensive list of beautiful and exotic destinations and excursions, our exciting entertainment or our wide variety of delicious food, guests will find many reasons why a Royal Caribbean Group cruise vacation will be one of the best they have ever experienced.
Guests may also find that one of the most amazing parts of a cruise vacation experience will be the many rich and varied cultures represented among our guests. This diversity offers a chance to learn about different parts of the world and to make new friends. But just as a new friend can enhance the vacation experience, some guests may behave in ways others find unusual or undesirable. To ensure an enjoyable voyage, it is important that everyone have a common understanding of the health, safety and behavioral standards in place on Royal Caribbean Group ships.
This Guest Health, Safety and Conduct Policy (hereafter referred to as the “Policy”) sets forth standards of conduct for guests to follow throughout their Royal Caribbean Group cruise vacation, including transfers to and from ships, inside port terminals, while onboard, at ports of call, during shore excursions and at our private destinations. Establishing and articulating a Policy helps ensure that all guests enjoy a fantastic, safe and secure cruise vacation experience. Royal Caribbean Group appreciates guest adherence to this Policy and wishes all guests a happy, healthy and memorable voyage.
THIS POLICY SHALLY APPLY ONBOARD OUR VESSELS AND ASHORE IN OUR TERMINALS, PORTS OF CALL, AND PRIVATE DESTINATIONS.
IT IS A CONDITION OF BOARDING AND REMAINING ONBOARD ANY OF OUR SHIPS OR IN OUR PRIVATE DESTINATIONS, THAT ALL GUESTS COMPLY WITH THIS POLICY AND ALL OF OUR HEALTH AND SAFETY POLICIES AND PROCEDURES. IN ADDITION, GUESTS ARE REQUIRED TO COMPLY WITH ALL APPLICABLE LAWS OF THE VARIOUS COUNTRIES THAT THEY VISIT.
FAILURE TO COMPLY WITH THIS POLICY, ANY OTHER OF OUR POLICIES, OR ANY INSTRUCTION COMMUNICATED BY US (INCLUDING OUR CREW) AT ANY TIME IN ANY FORM, WRITTEN OR ORAL, WILL BE CONSIDERED A BREACH OF THIS POLICY AND MAY RESULT IN ONE OR MORE ENFORCEMENT ACTIONS AS DESCRIBED BELOW, INCLUDING DENIAL OF BOARDING, OR REMOVAL FROM THE SHIP OR PRIVATE DESTINATION WITHOUT ANY COMPENSATION OR REFUND. IN CERTAIN CIRCUMSTANCES OUR ENFORCEMENT ACTION(S) MAY RESULT NOT ONLY IN REMOVAL OF THE GUEST, BUT THE REMOVAL OF ALL OTHER PERSONS IN THE GUEST’S TRAVEL PARTY OR RESERVATION(S).
For purposes of this Policy, the term “travel party” shall be given its broadest possible interpretation and shall include, but not be limited to: (1) persons traveling in the same stateroom or reservation, (2) persons traveling in multiple staterooms or as part of multiple reservations, as well as (3) persons we determine to be legally or socially related or proximate in any way, at any time prior to or during the voyage, for any duration of time.
THIS POLICY IS SUBJECT TO THE CAPTAIN’S OVERRIDING AUTHORITY UNDER NATIONAL OR INTERNATIONAL LAW TO MAKE AND EXECUTE DECISIONS WHICH, IN THE CAPTAIN’S SOLE PROFESSIONAL JUDGEMENT, ARE NECESSARY TO MAINTAIN THE HEALTH, SAFETY AND SECURITY OF THE SHIP.
The terms of this Policy are valid from the date shown above, and will remain in full force until we choose, in our sole discretion, to update or modify all or part of the Policy. Updates or the modifications to the Policy may be made and shall be effective without publication, although we will endeavor to post any updates or modifications to the Policy in a timely manner and to a publicly accessible forum, including but not limited the various Royal Caribbean Group websites or mobile phone applications.
OUR ENFORCEMENT OF THIS POLICY
A GUEST’S ACTUAL OR THREATENED VIOLATION OF THIS POLICY, ANY OTHER OF OUR POLICIES, OR ANY INSTRUCTION COMMUNICATED BY US (INCLUDING OUR CREW) AT ANY TIME IN ANY FORM, WRITTEN OR ORAL, OR OUR ASSESSMENT – IN OUR SOLE DISCRETION – THAT A GUEST’S PRESENCE ONBOARD OR IN OUR PRIVATE DESTINATION(S) CREATES A CONCERN OR RISK FOR THE HEALTH, SAFETY, OR SECURITY OF OUR VESSEL, OTHER GUESTS, OR OUR CREW MAY RESULT IN ONE OR MORE OF THE FOLLOWING ENFORCEMENT ACTIONS:
• Intervention by Security, other management personnel, or law enforcement;
• Reporting to the competent government and law enforcement authorities;
• Removal of certain onboard privileges, which may include being detained, quarantined or confined in a stateroom or holding cell;
• Confiscation of illegal, contraband or prohibited items, which may, at our discretion, be turned over to law enforcement authorities;
• Temporarily or permanently suspending loyalty benefits;
• Temporarily or permanently demoting loyalty tier status;
• Denial of boarding or removal from the vessel; and/or
• Denial of boarding on any future Royal Caribbean Group cruise vacation.
ANY OF OUR DETERMINATION(S), ASSESSMENT(S), JUDGMENT(S), DECISION(S), OR ENFORCEMENT ACTION(S) UNDERTAKEN BY US PURSUANT TO THIS POLICY SHALL BE IN OUR SOLE DISCRETION, AND SHALL BE FINAL.
Guest Responsible for Expenses Incident to Enforcement Action(s)
Guests removed from a Royal Caribbean Group ship or denied boarding because of a violation of this Policy are responsible for their own accommodations and transportation home, at their expense. Documentation requirements for re-entry into the guest’s home country are also the responsibility of the guest.
SAFETY AND SECURITY
Obligation to Always Follow Security Personnel Instructions; Security Screenings
Guests must follow all instructions provided by our onboard security personnel either at the terminal, onboard, or at a destination (including our private destinations). Refusal to follow all instructions provided by our security personnel may result in enforcement actions, up to an including denial of boarding or removal from the vessel.
Guests will undergo a security screening prior to boarding the vessel (e.g., prior to commencing the voyage, or at ports of call), and at any time where we may – in our sole discretion – require such security screening during the voyage. We will also require a security photo for each guest. While taking the security photo, or during a security screening, guests may be required to briefly remove any facial coverings (e.g., masks), hats, costumes, or others materials that may impede the verification of a guests’ identity. Refusal to participate in the security screening or provide a security photo may result in denial of boarding or removal from the vessel.
Similarly, during facial recognition enabled embarkation or debarkation, guests may be required to briefly remove any facial coverings (e.g., masks), hats, costumes, or others materials that may impede the verification of a guests’ identity.
Mandatory Safety Drill
All guests must attend the mandatory safety drill (also known as “muster”) and follow all health and safety instructions issued by the Captain as part of the mandatory safety drill announcements. Upon embarkation, guests will have a window of several hours during which they must (a) review essential safety information and (b) report to their designated muster station. On certain vessels, guests are encouraged to use our patented eMuster™ system which allows for the review of essential safety information by viewing a safety video via our mobile app or stateroom televisions. Guests who do not complete the safety video portion of the muster requirements via eMuster™, or who are otherwise unable to review essential safety information upon embarkation, will be required to participate in a brief safety presentation upon arrival at their designated muster station.
Guests’ Reporting Obligation
Safety and security are everyone’s responsibility. Guests must immediately report to the ship’s Security Staff or other ship management their own or others’ injury, as well as any unsafe or possibly illegal behavior. To do so, guests may call the ship’s emergency telephone number listed in the Directory of Services, by calling or visiting the Guest Services Desk, or by contacting the ship’s Security Staff or other ship management anywhere they are available.
Failure to immediately report an illness, injury, unsafe or illegal behavior may cause the ship’s personnel to be unable to effectively respond to the situation. Any reporting delay may also cause the ship to be unable to properly preserve information or evidence and may cause a delay in notifying the proper law enforcement or other Government officials.
Additional helpful information on reporting may be found in the “Health, Safety & Security Guide” available on our website and onboard, at our Guest Services location.
HEALTH
We have taken numerous steps to provide a healthy environment to all persons throughout their voyage. To that end, we have put in place policies and procedures consistent with current government, regulatory and public health guidance.
GUESTS AGREE TO REVIEW AND COMPLY WITH ALL OF OUR HEALTH OR SAFETY INSTRUCTIONS, OR OTHER POSTED SIGNAGE. FAILURE TO DO SO WILL LEAD TO ENFORCEMENT ACTION, INCLUDING BEING DENIED BOARDING OR MAY CONSTITUTE CAUSE FOR A GUEST’S REMOVAL, AS WELL AS THE DENIAL OF BOARDING OR REMOVAL OF A GUEST’S TRAVELING PARTY, FROM THE VESSEL.
To the extent public health guidance evolves, we will update our policies and procedures accordingly. We will communicate the policies and procedures which are relevant to each voyage before sailing, and throughout the cruise, should they change.
In addition, we will provide information regarding port procedures; embarkation and disembarkation, social distancing and personal protection measures; use of on-board facilities; shore excursions (if any); and containment and mitigation processes in the event of identification of suspected or confirmed cases of communicable disease(s) (e.g., COVID-19), including contact tracing processes and post-cruise procedures.
WE RESERVE THE RIGHT TO DENY BOARDING TO ANY GUEST EXHIBITING SYMPTOMS OF COMMUNICABLE DISEASE(S), INCLUDING COVID-19, OR WHOSE HEALTH SCREENING RESULTS SHOW THEY MAY HAVE CONTRACTED SUCH A DISEASE(S). BOARDING MAY ALSO BE DENIED TO THOSE PERSONS WE DEEM, IN OUR SOLE DISCRETION, TO BE A CLOSE CONTACT OR IN THE TRAVEL PARTY OF ANY GUEST EXHIBITING SYMPTOMS OF COMMUNICABLE DISEASE, INCLUDING SOME OR ALL OF THAT GUEST’S TRAVELING PARTY.
Please consult our Privacy Notice for information on how we will securely collect, retain, store and share, as may be applicable, guests’ health information.
Mandatory Preboarding Testing and Screening
Mandatory health screenings will be conducted prior to boarding and special health and safety procedures will be in place during boarding. These procedures are important and all guests must comply with all signs and instructions provided prior to embarking our vessels.
Throughout the health screening and boarding process, guests must provide clear and accurate information to us and any of our service providers at all times. Guests must also cooperate with us, our agents, or service providers, during any attempt to obtain health information or carry out any health-related function.
GUESTS WHO REFUSE TO PROVIDE HEALTH INFORMATION OR WHO WILLFULLY PROVIDE INACCURATE HEALTH INFORMATION TO OUR MEDICAL TEAMS AS PART OF A HEALTH SCREENING OR HEALTH ASSESSMENT MAY BE DENIED BOARDING, QUARANTINED OR SUBJECT TO OTHER ENFORCEMENT ACTION(S).
Further details about the screening and testing process will be provided to guests prior to the voyage.
Health Monitoring Onboard
Participation in our health monitoring and contact tracing processes is mandatory, subject to reasonable accommodation(s) in view of any applicable disability.
Our disease prevention programs may include regular temperature screenings, and/or testing for communicable diseases (e.g. COVID-19). We may also require guests to participate in contact tracing processes to help control the spread of communicable disease (e.g., COVID-19). This may include the requirement for guests to wear a wristband or other wearable device(s) to enable technology-enabled contact tracing.
Reporting Obligation for all Symptoms of Communicable Disease
GUEST EXPERIENCING ANY SYMPTOMS OF COMMUNICABLE DISEASE, HOWEVER MILD, INCLUDING SYMPTOMS OF COVID-19, DIARRHEA, OR VOMITING, MUST IMMEDIATELY RETURN TO THEIR STATEROOM AND REPORT TO THE SHIP’S MEDICAL PERSONNEL BY CALLING THE MEDICAL FACILITY ONBOARD.
GUESTS MUST ALSO IMMEDIATELY REPORT SYMPTOMS FOR MEMBERS OF THE GUEST’S TRAVELING PARTY, OR ENSURE THOSE PERSONS EXPERIENCING SYMPTOMS IMMEDIATELY RETURN TO THEIR RESPECTIVE STATEROOM(S) AND REPORT TO THE SHIP’S MEDICAL PERSONNEL BY CALLING THE MEDICAL FACILITY ONBOARD.
FAILURE TO IMMEDIATELY REPORT A COMMUNICABLE DISEASE OR ITS SYMPTOMS, OR WILFULLY FAILING TO ACCURATELY REPORT SYMPTOMS IS A VIOLATION OF THIS POLICY
Symptoms of COVID-19 include but are not limited to, high temperature or fever, a new continuous cough, shortness of breath or difficulty breathing, and a loss or change the sense of taste or smell, muscle aches, headaches and fatigue.
In some jurisdictions, it may be a criminal violation to willfully expose other persons to a communicable disease.
Failure to comply with all treatment instructions issued by the ship’s crew and/or medical personnel shall be a violation of this policy.
Quarantine
We may, in our sole discretion, require a guest or others in the guest’s traveling party to be confined to their stateroom or placed in quarantine to avoid a communicable disease or other contagious condition from spreading to other persons onboard or beyond. Guests may be required to move to a new stateroom which has been set up specifically for isolation/quarantine.
All guests must comply with all instructions given during the period of isolation/quarantine and cooperate fully with crew throughout the disembarkation procedure at the end of the cruise.
Hand Washing
Guests must wash their hands with soap and hot water after using the restroom and before eating or handling food. According to medical experts, one of the best ways to prevent contagious illnesses, like gastrointestinal viruses, colds and flu, from starting or spreading is to wash hands thoroughly for at least 20 seconds with soap and hot water after using the restroom and again before eating or handling food.
Visiting Ports and Shore Excursions
At certain ports of call we may restrict disembarkation to guests who participate in certain shore excursions which we designate, in our sole discretion. In that event, guests will be required to travel and remain with the designated shore excursion group while off the ship and follow all instructions provided by us, the tour operator and the applicable jurisdiction relating to health and safety.
Guests disembarking or embarking the ship at a port of call may be subject to additional mandatory health screening and checks. We will provide guests with details of any additional health screening and checks prior to disembarkation at a port of call. Please note that the local authorities in the port of call may also require additional screening and testing of guests at the point of disembarkation and/or embarkation and guests must comply with these requirements.
Fitness to Travel – Guests with Disabilities
Guests with disabilities are not required to travel with another person as a condition to traveling on our ships. However, all guests must consider that crew members are not required to assist guests with personal tasks or personal hygiene needs (e.g. assisting with eating, dressing, toileting). Therefore, guests requiring assistance with these functions should consider these needs when planning a cruise vacation. If there is a question as to a prospective guest’s ability to independently provide for their personal needs or hygiene without being a danger to themselves or others, and the guest plans to travel alone, this situation must be discussed with the company’s Access Department prior to booking a cruise vacation. This will allow an individualized assessment of the guest’s fitness to travel for the duration of the cruise without personal assistance. Guests attempting to board or found onboard without the ability to independently care for their personal needs will be evaluated to determine if they are fit to safely travel without assistance. Guests who are found unfit to travel may be denied boarding or removed from the ship at the next port of call, without entitlement to compensation or a refund.
Medication
Guests must bring an adequate supply of all medication(s) they require for the entire duration of the voyage. We recommend all persons have an adequate supply of medicine so as to last for several extra days past the voyage end date, in the event of possible delays caused by itinerary disruptions such as adverse weather, or other unforeseen circumstances. The ship’s medical centers may not have a supply of any needed medication and not all medication will be available in the ports of call.
To ensure medicines are always accessible guests should not pack medication in checked luggage. Instead, guests should carry all medications onboard, in their hand luggage.
GUEST CONDUCT
Prohibited Guest and Crew Interactions
Our crew members are friendly, outgoing and helpful, and they will do their very best to make a guest’s vacation as enjoyable as possible. Please do not misinterpret their friendliness. Crew members are prohibited from engaging in physical relationships with guests. Crew members are not permitted to socialize with guests beyond their professional duties, and are not permitted to be in guest staterooms, except for the performance of their shipboard duties. Guests are expected to respect these policies and are similarly prohibited from engaging in physical relationships with crew members. Guests are not permitted in any restricted or crew area of the ship, including crew staterooms and corridors.
Verbally Abusive, Offensive Language and Threats Prohibited
Verbally abusive or offensive language directed toward anyone, including guests, crew members, governmental officials, or others is not permitted. Statements or conduct that threaten prohibited or illegal activity are forbidden.
Attempts at self-harm, as well as oral or written statements or conduct evidencing intent to engage in self-harm shall be subject to enforcement action by our crew or security personnel so as to protect life and the security of our guests, crew and vessel(s).
Inappropriate or Abusive Behavior Prohibited
Inappropriate or abusive behavior is not permitted. This includes: uninvited physical contact, solicitation, harassment, vandalism, theft, violence, use of fake/false identification, underage drinking (see Alcohol section below), providing alcohol to those under the allowed age (see Alcohol section below), possession of illegal substances/items, placing materials (including signs, banners, decorations, etc.) anywhere on the exterior of the ship, placing materials anywhere on the interior of the ship (including stateroom doors, along corridors, etc.) without the express permission of ship management or which may be deemed by ship management as inappropriate, or any other illegal or offensive conduct.
Loyalty Program Abuse Prohibited
Violating, abusing, or otherwise purposefully circumventing any of our loyalty program rules, terms, or conditions is not permitted. This includes, but is not limited to manipulating the loyalty program, engaging in fraud, abusing loyalty privileges, or otherwise acting in a manner we deem, in our sole discretion, to be inconsistent with the loyalty program’s intent.
Unsafe Behavior Prohibited
Failure to follow all health, safety or security instructions or policies is strictly prohibited.
Sitting, standing, jumping, laying or climbing on, over or across any exterior or interior railings or other protective barriers is strictly prohibited.
Additionally, tampering with any of the ship’s equipment, facilities or systems is not permitted.
Any other behavior which we may deem as unsafe, in our sole discretion, is likewise not permitted.
Discourteous or Disruptive Behavior Prohibited
Pool, deck and theater chairs may not be reserved, except in cases of disability. Public nudity is not permitted. Guests must be appropriately attired including while on stateroom balconies if visible to others onboard, on other vessels or ashore. Topless sunbathing is not permitted except on selected itineraries, and in those itineraries will only be allowed in designated areas. For more details on our Dress Code, please contact Guest Services
Boom boxes, loud radios, or other noise nuisance(s) are not permitted. Roller blades, roller skates, skateboards, surfboards, bicycles, and similar items may not be utilized onboard. Scooters are not permitted onboard except when used as a mobility aid.
Smoking and Restrictions on Purchase of Tobacco Products Onboard
For the comfort and enjoyment of our guests, our ships are designated as non-smoking. This includes a prohibition on the use of a hookah or other types of water pies.
Smoking is not permitted inside any stateroom or on any stateroom balcony. This applies to all stateroom categories onboard. If a guest is in violation of this “No Smoking” policy, a cleaning fee will be applied to their onboard account. Smoking is also not permitted in any dining venue, theater, bar, lounge, hallway, elevator or jogging track, or most indoor areas. Further, smoking is not allowed in certain outdoor areas, including restricted areas, food venues, and kids play areas and pools.
However, we recognize that some of our guests do smoke. Therefore, to provide an onboard environment that also satisfies smokers, we have designated certain areas of the ship as smoking areas. To assist smoking guests to locate areas where smoking is permitted, we have posted signage onboard clearly identifying all smoking areas and ashtrays provided for smoking use. Guest may also inquire at Guest Services regarding the location of the designated smoking areas onboard.
In casinos on itineraries where smoking is allowed, there will be visible signage designating the area for both smoking and non-smoking guests.
Cigar and pipe tobacco is limited to designated outdoor areas and cigar bars (if the ship has one). Electronic cigarettes or e-cigarettes are only permitted within the designated smoking areas. Cigarettes, cigars and pipe tobacco must be properly disposed of and never thrown overboard.
Guests must be at least 18 years of age to purchase, possess or use tobacco onboard.
Curfews
Ship’s management reserves the right to enact curfews on an individual, group, or ship-wide basis, if in the sole judgment of the ship’s Captain, such steps become necessary for the health or safety of guest(s) or crew.
Parental and Guardian Responsibility
For purposes of this Policy, a minor is defined as anyone under the age of 18. A young adult is defined as anyone ages 18, 19 or 20. Parents and guardians are responsible for the behavior and appropriate supervision of their accompanying minor(s) and young adult(s) throughout their vacation. This obligation applies during transfers to and from ships, inside terminals, while onboard, at our ports of call, during shore excursions and at our private destinations. This responsibility applies at all times, regardless of whether the parents and guardians are physically in the company of their minor(s) and young adult(s).
Under no circumstances should the parent or guardian of a minor debark the ship without their accompanying minor(s) unless they made arrangements for the accompanying minor(s) to have responsible adult supervision on the ship during their absence. Parents or guardians must not permit any minor in their care to leave a ship while in port without responsible adult supervision.
Alcohol
Consuming alcohol to excess impairs one’s judgment and reduces one’s ability to recognize and avoid potentially dangerous situations. Guests who choose to consume alcohol must do so responsibly. The ship’s staff may refuse to serve alcoholic beverages in their sole discretion to any guest who does not consume alcohol responsibly. Ship’s personnel may request verification of a guest’s age to verify they are of age to consume alcohol pursuant to this Policy. Adult guests are prohibited from providing alcohol to minors or young adults. All drinking games are strictly prohibited.
The minimum age for a guest to drink or possess alcoholic beverages on ships sailing from North America, the United Arab Emirates, or at any of our private destinations, is 21. The minimum age for a guest to drink or possess alcoholic beverages on ships sailing from South America, Europe, Asia, Australia and New Zealand is 18. In all other cases, the drinking age of the home port shall control our determination of a legal drinking age.
In certain circumstances where local laws permit or require it, Royal Caribbean Group may modify this policy which may also require a parent or guardian’s request or authorization. Guests may contact Guest Services or refer to the cruise information in their stateroom for minimum drinking age information specific to their cruise vacation. For purposes of complying with the minimum age to drink or possess alcoholic beverages, a guest’s age is established at the beginning of the cruise vacation. If a guest celebrates his or her birthday during the cruise vacation, and thereby becomes of age to consume alcohol, the guest may thereafter ask the Guest Services Manager to modify the ship’s records to permit their consumption of alcohol during the remainder of the vacation. The guest will be required to appear at Guest Services to present a valid government-issued form of identification to permit verification of their age.
Unless otherwise permitted by our security personnel or crew, guests are prohibited from bringing alcoholic beverages onboard; with the exception of embarkation day when each guest who is of drinking age will be permitted to bring onboard with them one (1) sealed 750 ml bottle of wine or champagne. Boxed wine and other containers are prohibited. Security personnel may inspect containers (including water bottles, soda bottles, mouthwash, canteens, etc.) at any time and will dispose of alcohol concealed in such containers. Alcoholic beverages that are purchased from onboard shops or in ports of call must be presented to security upon re-boarding and will be secured by ship’s personnel. Alcohol secured by ship’s personnel will be returned to guests just prior to the conclusion of their cruise vacation. Guests who are under the permitted drinking age will not have alcohol returned to them.
Any guest who goes ashore and consumes alcohol (whether under the supervision of a parent/guardian or not) is responsible for ensuring they consume responsibly and retain the ability to recognize and avoid potentially dangerous situations when they return to the ship. Parents/guardians are reminded they are responsible for the actions of their minor and young adult children at all times while on a Royal Caribbean Group cruise vacation.
PROHIBITED ITEMS
DURING SECURITY SCREENINGS WE MAY INSPECT GUEST BELONGINGS AND MAY REMOVE PROHIBITED ITEMS OUTSIDE OF THE GUEST’S PRESENCE. CONFISCATED ITEMS NOT CLAIMED BY GUESTS WITHIN 15 CALENDAR DAYS OF CONFISCATION SHALL BE DEEMED FORFEITED AND MAY BE DISPOSED OF BY ROYAL CARIBBEAN GROUP.
Items with Heating Elements or Open Flames
Certain items that generate heat or produce an open flame are not permitted onboard. This includes clothing irons, hotplates, candles, incense and any other item that may create a fire hazard. Curling irons and hair dryers are allowed.
Marijuana Prohibited
Marijuana, even in its medicinal form or for medicinal purposes, shall be prohibited.
Drugs or Other Illegal Substances Prohibited
No illegal drugs or other illegal substances are allowed onboard nor may they be utilized during a Royal Caribbean Group cruise vacation, including during transfers to and from ships, inside terminals, while onboard, at ports of call, during shore excursions or at our private destinations. Illegal drugs or substances will be confiscated, and Royal Caribbean reserves the right, in its sole discretion to report violations of this prohibition to the appropriate authorities. Jurisdictions throughout the voyage may have strict laws that address and severely punish drug possession. Guests found in violation of such laws are subject to arrest and prosecution in the relevant jurisdiction (and perhaps United States or other authorities as well) and may be prevented from boarding or re-boarding the ship.
Weapons, Explosives or Other Dangerous Items Prohibited
A detailed list of prohibited items is found on our website(s) and is incorporated in by reference.
No weapon, ammunition, explosive, fireworks, or other item that presents a risk of harm to persons or property, is permitted onboard. The determination of what item may present a risk of harm to persons or property is reserved to Royal Caribbean Group, in its sole discretion. Items not permitted onboard will be confiscated by ship’s Security.
Firearms and other weapons are not allowed onboard. Guests who declare to ship’s personnel the presence of a firearm or other weapon (on their person or in their luggage) will be given the opportunity to dispose of it prior to boarding. Guests who fail to declare the presence of a firearm or other weapon may be denied boarding or removed from the ship. Items such as dive knives must be reported to ship’s personnel at the time of boarding and may be permitted onboard, but held in safe custody by the ship’s Security staff when not in use ashore.
ENVIRONMENT
Save the Waves® Program and Trash/Waste Disposal
Royal Caribbean Group maintains a Save the Waves® Program that focuses on three key principles: reducing the creation or generation of waste materials; recycling as much as possible; and ensuring proper disposal of remaining waste. Trash should be properly disposed of in containers provided throughout the ship or in wastebaskets provided in each stateroom. Trash or other foreign objects should never be flushed down a toilet and guests are not permitted to discard any item overboard. Guests may not leave items unattended on balconies, as the wind may cause items to fall overboard.
OTHER APPLICABLE AGE POLICIES
Guests must be at least 18 years of age to gamble in casinos onboard our ships, except for in Alaska where the minimum age is 21. Various venues and activities onboard the ships have minimum age requirements. Guest may find this information on our websites or by inquiring at Guest Services.