Holy Ship! February 2016 Terms & Conditions
Relationship of Parties
This Agreement is between you (“You” or “you” or “Passenger” or “passenger”), on the one hand, and Beats at Sea, LLC, (“Company”) on the other hand, where the Company puts on that certain music cruise called Holy Ship! (“Event”) where the Event is taking place February 10, 2016 to February 13, 2016 on MSC Divina (“Ship” or “Cruise Ship”) operated by MSC Crociere SA (“MSC Cruises”, “MSC”, or “Cruise Line”. You expressly acknowledge and agree that (a) you are purchasing a ticket/package for this Event from Company, and no other third parties, including but not limited to Cloud 9 Adventures, LLC; (b) Cloud 9 Adventures, LLC is a third party seller of travel for the Event only, that serves only as the ticketing agent for the Company; and (c) Cloud 9 Adventures, LLC is not responsible or liable to you for any claims arising from or related to the Event in any manner whatsoever.
Your decision to pay a deposit to book a room/purchase an Event ticket constitutes your acknowledgment of and consent to all of the terms and conditions below, including the limitations of liability presented herein. Any and all disputes and claims whatsoever related to, or involving the Company/Event shall be governed by Florida law and the venue for any litigation shall be in Palm Beach County, Florida
The Event has a very strict cancellation policy and recommends that all passengers purchase travel insurance.
Pre-Book Cancellations (Un-Redeemed Pre-Book tokens ONLY)
Now through July 20, 2015 you will receive a refund of your pre-book deposit minus a $50 administrative fee. Starting July 21, 2015, the standard cancellation terms apply per the schedule below.
If you Cancel:
All Deposits for Holy Ship! February are non-refundable once the pre-book credit has been applied to an active reservation.
Between July 15, 2015 through September 9, 2015, you will receive a 50% refund of any monies paid into your reservation beyond your non-refundable deposit and any add-ons purchased.
Beginning September 10, 2015, the Event becomes Non-Refundable.
There will not be any refunds given for unused tickets, cancellations received after September 9, 2015, for those who do not show up on time for the Event or for any reason after the start of the Event.
All cancellations must be submitted in writing by completing a cancellation form. The date that the completed cancellation form is received will determine the applicable cancellation fees. NO EXCEPTIONS WILL BE MADE. If you are unable to fill out the online cancellation form, please contact the Company to receive a cancellation form. Please fax back your cancellation form to 561-368-8923 or send via email or form submission directly on Event website.
Upon making reservation - Initial $250.00 per person deposit due
September 10, 2015 - 50% of remaining balance due
October 29, 2015 - Full remaining balance due?
The guest that places the reservation is considered the "lead guest" and is the "owner" of the reservation. They must agree and initiate any changes in the reservation. The lead guest will be responsible for receiving all communications, selecting the cabin at the time of booking, and making sure all payments are made in a timely manner. Be advised that once you book a cabin as lead passenger you are obligated for the full cabin rate based on the full occupancy set forth in the item you purchased.
It is each guest's responsibility to make the scheduled payments on time, online or over the phone. A failure to pay on time shall render such reservation delinquent. A delinquent reservation shall be assessed a $35 late fee penalty on the day following the payment date and the credit card on the delinquent account may be charged. If payment is not received within 48 hours of the payment date, the Company has the right to consider the reservation cancelled, with appropriate cancellation penalties applied. If you book after the first or second payment date, you must pay your deposit and any subsequent payments that would be past due in order to keep your reservation in good standing.
AUTOMATIC BILLING OPTIONS
Once you have paid your initial deposit by credit card, you will have the option to enroll in one of the automatic billing programs offered by Company. The complete terms and conditions related to each automatic billing option respectively are contained in the automatic billing form. By enrolling in an automatic billing program, you are acknowledging and accepting the terms related therein.
Select "Automatic Billing" when making your Event reservation and indicate a credit card you would like us to use.
Select "YES" for automatic billing when prompted then fill out the Enrollment Form and return it to the Company. The ACH Enrollment Form will require you to provide the name on the bank account you would like to use, the bank's routing number and the checking or savings account number. You must provide a copy of a voided check or a savings deposit slip if you are indicating a savings account. Once you have completed your enrollment form, please return it via email to the Company.
There will be a one time, non-refundable, $10 processing fee for each of these payment methods respectively. The processing fee will be added to your first automatic payment.
Once enrolled in the automatic billing plan, you may still add items such as travel insurance but payments for such items are due in full at the time of the addition and these items are non-refundable.
Automatic Billing Dates for Passengers who Book By July 19, 2015:
Deposit paid by Credit Card: July 15 or July 16, 2015
1st Automatic Billing Payment: September 10, 2015
Final Automatic Billing Payment: October 29, 2015
If you place your reservation and/or enroll in Automatic Billing after these payment dates, you will be responsible for paying the full deposit at the time of booking and the remaining balance will be divided into equal payments based on the amount of time between the time you enroll and the final payment date. Contact the Company for more detailed information on the ACH program if you book after the first payment date for a complete updated automatic payment schedule. The processing fee will be applied to your first payment.
The Event will charge a $20 administrative fee for any automatic payments that are declined or are returned by your bank. This fee will be added to your outstanding payment amount. Payments received will be applied first to cover the $20 administrative fee, and then the remaining amount of the payment will be applied your reservation balance.
?NAME CHANGES & ADDITIONS
Complimentary name changes will be accepted until September 21, 2015 for all but the lead guest. All name additions and changes starting September 22, 2015 through November 16, 2015 will be subject to the name change fee of $75 per person. Starting November 17, 2015 continuing through January 4, 2016 all name changes and additions will be subject to a $125 name change fee per person.
Starting January 5, 2016 continuing through January 25, 2016 all name changes and additions will be subject to a $225 name change fee per person.
January 25, 2016 will be the LAST DAY to submit name changes to your reservation for the event. Starting January 26, 2016, you will NOT be able to change your reservation! We suggest buying travel insurance in case you are not able to attend the Event.
ANY CHANGE OF THE LEAD GUEST WILL BE SUBJECT TO A $150 LEAD CHANGE FEE, UNLESS SUCH CHANGE IS REQUESTED AFTER January 4, 2016 IN WHICH CASE THE FEE WILL BE $225.
The Event does not permit any downgrades of cabins on reservations. If you wish to downgrade, you must cancel your current reservation, pay all applicable fees and book a new reservation. A downgrade is defined as a room of a lower (i.e., less expensive per person) category, or from a triple occupancy to a double occupancy cabin, even where such cabin is of a higher (i.e. more expensive per person) category. You are able to upgrade without penalty or any additional fees. An upgrade is defined as going into a higher cabin category and/or going from a double occupancy to a triple occupancy, even if such triple occupancy cabin is of a lower category of cabin type than the original cabin purchased.
Rates include ocean transportation, accommodations on board the Ship, most meals on board the Ship, concerts, use of the pool, health and fitness centers, gratuities for cabin stewards, port charges, greening surcharge and service fees. Rates do not include shore excursions, laundry or valet service, or any other items purchased aboard ship of a personal nature such as spa services, casino play, wines, liquor, beverage, mini-bar, gratuities for bar purchases, specialty dining, certain activities, excursions, phone calls, internet, etc. All rates noted on the Event website are in US dollars, per person.
GRATUITIES/PORT CHARGES/SERVICE FEES
Prices are subject to change and are based on availability. All rates are per person. Add $140 per person for fees, which include gratuities, port charges, ticketing fees, and greening surcharge. $5 of these fees (per passenger) will support Positive Legacy & the Greening program. A portion of these funds will be applied towards our efforts to offset the ecological footprint of the Event and support humanitarian efforts in port.
In the event that the cost of fuel increases between now and the time the Ship sails for the Event, a fuel surcharge will be imposed onto the Event from MSC Cruises. The fuel surcharge will be added to the cost of each passenger’s service fees, not to exceed $30 per passenger. The surcharge will be applied to the passenger's cabin costs and must be paid in full before embarking for the Event. All passengers will be notified via email if such a fuel surcharge will be added to the cost of the cabin. If such a fee is imposed, the credit card on file for the primary guest may be charged.
All passengers are required to have a valid Passport. Here is where you get one. For passengers (US Citizens Only) without passports, a Passport Card will be accepted for boarding. An original (no photocopies) birth certificate and photo ID MAY be accepted for boarding, although this is at the sole discretion of the authorities in the terminal; you may be denied boarding without a Passport or Passport Card. Passengers MUST have a valid passport to disembark the Ship early during the Event in any port. The U.S. State Department has enacted the "Western Hemisphere Travel Initiative." U.S. and Canadian citizens will be required to carry a valid Passport for travel. For complete details, read this Article on the US Department of State's web page. Also note that the U.S. State Department may change their policies from time to time and the Company cannot be liable for such changes or how those changes may impact your ability to attend the Event.
You are responsible for obtaining all travel documents as well as complying with Customs and Immigration or any other governmental requirements. You will be required to comply with any and all security measures imposed by governments, which are subject to change. Your failure to possess the required travel documents may prevent you from being able to travel; in such event, no refunds shall be provided to you.
All foreign travelers should check with their local authorities to confirm that you have the appropriate travel documents required.
The Event has a very strict cancellation policy and HIGHLY recommends that all guests purchase travel insurance. Travel Insurance via iTravelInsured must be purchased at least 30 days prior to the Event. Please note that the sale of travel insurance for the Event is administered by iTravelInsured. Their travel insurance contract is subject to additional terms and conditions related to iTravelInsured policies and the conditions set forth therein, which are accessible on the Event website. You can contact them at 317.655.9796 or email www.itravelinsured.com.
Once a policy is issued it cannot be transferred nor the policy amount reduced. If you need to increase your policy amount please contact the Company to add a supplement to your policy.
Within 10 days of purchasing the policy, you may cancel it and the Company will refund the amount of your policy, as long as you have not already departed on your covered trip or filed a claim, and the travel insurance policy will be void from the beginning. No refunds shall be issued after 10 days of purchasing the policy.
For pre-existing conditions to be covered you must purchase full trip coverage insurance within 21 days of making your initial deposit for the Event and you must be medically able to travel at the time of purchase. Other restrictions may apply. Written notice of any and all claims must be given to iTravelInsured within 90 days from the date of loss, except as otherwise prohibited by law. You have a duty to make all reasonable efforts to minimize losses from any insured benefit.
?SERVICE ON SHIP
Aside from the concert activities related to the Event, all services on the Ship are provided by MSC Cruises, SA including the serving of all food, beverages, and the maintenance and upkeep of the Ship facilities. Valuables and personal funds should be placed at your own discretion in the safe deposit boxes in your cabin. All charges onboard the Ship is on a cashless basis, with credit being established before boarding the ship. Payment at the end of the cruise may be made by credit card (Visa, MasterCard or American Express) or cash. There are no ATMs onboard; passengers can obtain a cash advance at the cashier’s desk or in the casino.
REFUSAL OF PASSAGE
Cloud 9 Adventures, LLC acts only as travel sales agents for the purpose of booking travel arrangements on MSC Cruises for the Event. The Company expressly disclaim any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent.
The Company and MSC Cruises may, at their absolute discretion, require any person to withdraw from the Event if it is deemed that your acts or conduct is offensive, disorderly, and/or a nuisance to other passengers, the ship, or yourself, and in such case the Company shall have no liability to you as a consequence of the early or other termination of your trip and/or Event, nor shall Company be required to pay you any refund.
All passengers MUST be at least 21 years old at the time of embarkation.
ALCOHOLIC BEVERAGE POLICY
Liquor sales and bar services are facilitated during the Event by MSC Cruises and its affiliates. Passengers are prohibited from bringing any and all alcoholic beverages, non-alcoholic beverages or food onboard. Alcoholic beverages will not be sold or served to anyone under the age of 21. MSC Cruises reserves the right to refuse the sale of alcoholic beverages to anyone. MSC Cruises will retain alcoholic beverages purchased in the ship’s gift shops or in ports of call until the end of the voyage.
You acknowledge and agree that you will not sit on any railing, enter any prohibited area, or otherwise endanger yourself by your own negligence, including but not limited to being impaired by the use of alcohol, and/or under the influence of any controlled substance. The Event reserves the right to make recommendations to MSC Cruises to discontinue alcohol sales to you at any time. Company and MSC Cruises urge all passengers to drink responsibly at all times and cannot be responsible for actions that result from the over-consumption of alcohol. In order to discourage the over-consumption of alcohol, no unlimited drink packages shall be offered during the Event. If MSC elects to offer pre-paid drink packages, such packages shall utilize dated coupons and MSC shall set in its sole discretion the maximum number of drink coupons which shall be valid on any single day. There shall be no refund for unused drink coupons.
All passengers will be required by MSC to sign a form acknowledging and agreeing to the drug zero tolerance policy, responsible consumption of alcohol policy, conduct policy and disembarkation and voyage termination policies set forth herein before being permitted to embark on the Ship for the Event. In the event you sustain an accident or injury while on board, you may be requested to submit to drug and alcohol testing by MSC Cruises and its affiliates or its assigns. Any refusal to submit to such tests shall result in the presumption that you were under the influence of drugs and/or alcohol at the time of the incident, and that such refusal shall give MSC Cruises the right to disembark you from the vessel at the next port of call with no refund and no return passage.
You acknowledge and agree to the Company and MSC’s no smoking policy, which applies throughout the ship except in limited outdoor designated smoking areas in public areas on the Ship. Only commercially sold tobacco cigarettes and lawful electronic cigarettes shall be permitted. No pipes, cigars, or illegal substances are permitted. No smoking of any kind, other than lawful electronic cigarettes shall be permitted in cabins or outside on balconies. Any passengers who are found in violation of the smoking policy in their cabin will be fined $70 per occurrence as per MSC policy. Charges will appear on your onboard account and must be paid prior to disembarkation.
PHOTOGRAPHY & VIDEO POLICY
Video or audio recording, filming, or photographs may occur at the Event that may be owned, licensed, assigned or distributed nationwide and worldwide by the Company, their affiliates and assignees. By acknowledging the terms & conditions of the Event at the time of booking a reservation, you allow, waive and authorize the Company, their affiliates and assignees the right to use your likeness and/or appearance on any film or video format now known or hereinafter developed in any manner whatsoever. You will not receive any compensation for such use and waive any right to bring any action in law or equity against the Company, their affiliates and assignees for such use.
ZERO TOLERANCE POLICY
In accordance with local, state, federal and international laws, the Company and MSC Cruises has a strict zero tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. You can expect diminished privacy in the port where drug detection dugs will be present to screen any and all luggage for drugs and alcohol. Drug detection dogs may also patrol the ship before, during and after the Event. Guests caught with illegal street drugs, guests who disturb the peace or safety of the vessel, or guests who damage or destroy shipboard property will be disembarked with no refund or return passage, and will be turned over to law enforcement in the next port of call. Any violation of the law will result in immediate arrest and/or disembarkation from the vessel as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases the Company and MSC Cruises shall not be liable for any refund or other compensation or damages.
By paying a deposit and purchasing a cabin or being added to the reservation of another passengers cabin to attend the Event, you acknowledge and consent to all luggage screening conducted by authorities at Port Miami and on the ship. All luggage will be screened for illegal controlled substances and alcohol, including but not limited to screening by or hand-checked by authorities and/or dogs at embarkation and at all ports of call when entering the ship. Any passengers who are determined to be intoxicated and/or disorderly will be refused service on board the Ship. Any passengers who are found to be under the influence of illegal, controlled substances will be placed under supervision until the ship arrives in the next port of call and will be handed over to authorities if deemed reasonably necessary by the Ship.
NO VENDING OF ANY KIND IS ALLOWED AT THE EVENT. This means, do not make t-shirts, hats, posters, jewelry or anything else to sell at the Event. Anyone found in violation of this policy will have their unauthorized merchandise confiscated. This policy will be strictly enforced.
RESPONSIBILITY AND LIMITATION OF LIABILITY
Under these terms and conditions, liability by guests for damage to or theft of luggage, personal property, delay, circumstances on the cruise or elsewhere is limited. In addition, your right to recover in a legal proceeding will be based upon the applicable law and forum stated in these Terms & Conditions. You will find on each cruise certain independent concessionaires. The Company accepts no responsibility whatsoever for the actions of these independent concessionaires and acts only as a third-party referring their services to you without further liability.
It is understood and acknowledged that the Company is an outside, independent entity and does not own, retain, or have any control over MSC Cruises or any of its employees or independent contractors. In consideration of participating and attending the Event, you voluntarily assume all risks while at the Event and on the Ship, and release the Company of and from any and all liability, actions, causes of action, suits, injury or death, loss or damage of property, claims, attorney's fees and demands whatsoever that may be sustained by you at the Event. This release shall be binding upon you, and your heirs, next of kin, executors and personal representatives.
The Company cannot be held responsible for changes on the Ship that vary from what is noted on the Event website and/or in the reservation booking system at the time of purchase or anytime leading up to the event or during the event. The MSC Divina is operated under the direction of MSC Cruises, its management and affiliates, and may change their offerings at their own discretion and retains the right to do so. The Event will do their best to please the passengers in attendance but does not control the actions of MSC Cruises and acts only as a third party hosting an event on their property. Any issues arising between passengers and the Ship pertaining to Ship matters shall be taken up with the cruise line directly, and while the Company may assist on our passengers behalf, ultimately the Company cannot be held responsible for actions, incidents, policies, or procedures that are employed by MSC Cruises and it’s affiliates.
Your decision to purchase and pay a deposit for the Event constitutes your acknowledgment of and consent to all of the terms and conditions related to this purchase, including the limitations of liability described herein. All disputes and matters whatsoever related to or involving the Company, shall be governed by and litigated in the County of Palm Beach, State of Florida.
ONLY RESERVATIONS BOOKED THROUGH THE COMPANY VIA CLOUD 9 ADVENTURES WILL BE HONORED FOR THIS EVENT. ANYONE FOUND BUYING OR SELLING A CABIN FOR MORE THAN FACE VALUE WILL BE CANCELLED.
LAND PACKAGES / SHORE EXCURSIONS
Shore excursions are offered for your enjoyment at a moderate extra cost. Local tourist service companies operate each tour in the various ports of call. The following are not under the control of the Event: hotel stays, car rentals, sightseeing excursions, dive programs, shore-side restaurants, transportation by air, rail, bus, or other means, and any other service provided by a third party. The arrangements are made only as a convenience to the passenger. The Company shall not be liable for services and facilities provided by independent contractors resulting in any loss, damage, injury, death, or illness nor cost of any delay or cancellation. Cloud 9 Adventures acts only as a seller of travel for the purpose of booking travel arrangements, and Cloud 9 Adventures, LLC and the Company expressly disclaim any responsibility for your personal enjoyment, personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent.
ADDITIONAL MSC CRUISE LINE TERMS & CONDITIONS
In addition to the terms outlined herein, you are also bound by the Terms & Conditions set forth in the MSC Cruises ticket documentation and passenger agreement. However, the payment dates, reservation policies, cancellation policies, reservation changes, set forth at the time of purchase supersede those policies set forth in the MSC Passenger Contract.
HEALTH CONSIDERATIONS/PREGNANCY POLICY
Persons who have a physical or mental disability or a medical condition must notify the Company IN WRITING AT THE TIME RESERVATION IS MADE or at the time the medical condition is discovered – whichever comes first. This information may be forwarded to MSC Cruises to the ship's doctor for review. Failure to provide such information prior to sailing may lead to the cancellation of your reservation with the appropriate cancellation penalties applied. If sufficient time is NOT provided to make adequate determination of medical conditions or requirements, the Event and MSC Cruises reserve the right to revoke or refuse passage to anyone who may, in the sole judgment of MSC Cruise Lines, require treatment, care or attention beyond that which the ship's facility can provide or whose mental or physical condition may make them incapable of a cruise voyage with you suffering the appropriate cancellation penalties.
Passengers wishing special diets or facing physical disabilities must notify the Event in writing of such requests at least 45 days prior to sailing. Please be advised that guests who are 24 weeks or more into their pregnancy at the time of the voyage will not be permitted to sail because of the risk of premature labor.
HEALTH AND FITNESS TO TRAVEL
The Passenger warrants that he/she is fit to travel by sea and that his conduct or condition will not impair the safety of the Cruise Ship or inconvenience the other Passengers. Any passenger with a condition that may affect his/her fitness to travel is strongly encouraged to check with their personal physician regarding their ability to travel and to obtain a written physician's certificate of Passenger's fitness for an international sea voyage. If it appears to the Company, the Master or the Cruise Ship's Doctor in their sole discretion that a Passenger is for any reason unfit to travel, likely to endanger health or safety, or likely to be refused permission to land at any port, or likely to render the Company liable for Passenger maintenance, support or repatriation, then the Company or the Master shall have the right to take any of the following courses and the Company shall have no further liability to Passenger: (i) Refuse to embark the Passenger at any port; (ii) Disembark the Passenger at any port; (iii) Transfer the Passenger to another berth or cabin; (iv) If the Cruise Ship doctor considers it advisable, to place and confine the Passenger in the Cruise Ship's Infirmary, to Passenger's cabin or any other cabin, or to transfer the Passenger to a health facility at any port, all at the Passenger's expense. Passenger acknowledges that travel by sea involves certain risks and hazards including motion of the vessel by sea conditions and the delay and/or impossibility of immediate evacuation from the vessel in the event of a medical emergency depending on the vessel's location and prevailing sea and weather conditions. The Company shall have no liability and shall owe no full or partial refund in the event the Passenger is refused passage, disembarked, confined to the infirmary or their cabin, or transferred to another berth or cabin pursuant to this section.
Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are up to 23 weeks pregnant at the end of the cruise are required to produce a medical certificate of fitness to travel. The Carrier cannot for health and safety reasons carry pregnant Passengers of 24 weeks or more at the time of embarkation. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are not satisfied that the Passenger will be safe during the passage.
The Company expressly reserves the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy and shall have no liability in respect of such refusal
The MSC Divina has an onboard infirmary staffed by medical professionals that is equipped to handle most emergencies and routine medical procedures. The infirmary has medication for seasickness and other commonly distributed medication. A fee will be charged for onboard medical services. If the situation exceeds the capacity of the onboard infirmary, you will be transferred to medical facilities on shore. The Event strongly recommends that you purchase travel insurance.
Medical services are available on board the Cruise Ship as a convenience to the Passenger. The Cruise Ship's doctor and medical personnel are independent contractors and/or vendors and are entitled to charge Passengers for any medical services and medicines provided. The Cruise Ship's doctor and medical personnel are not under the Company's or Master's control for treating Passengers, and the Company shall not be liable in any way for medical services or medicines provided or not provided. Medical facilities onboard and in the various ports of call may be limited. The Company shall not be liable in any way for referring guests ashore for medical services or for the actual medical services rendered ashore. The Company shall not be responsible to provide wheelchairs or other mobility devices. Passengers who require such devices must supply their own or make arrangements to have one delivered onboard prior to their embarkation. Passengers using wheelchairs or other mobility assistance devices are responsible to check that suitable accommodations are available at the time of booking and should verify with the Company the particular dimensions of the requested stateroom, including but not limited to door widths, and other vessel accessibility features. The Company supports the right of persons with disabilities to travel onboard its vessels. The Carrier shall not be liable in any way for referring guests ashore for medical services or for the actual medical services rendered ashore. In the event that medical attendance of any kind or ambulance assistance, whether on shore, at sea or by air is required and is provided or ordered by the Carrier or the Master or the doctor, the Passenger concerned shall be liable for the full charge or cost thereof and shall indemnify the Carrier upon first demand of any costs incurred by the Carrier, its Servants or Agents. Passengers who by reason of illness or through any other cause require special or extra accommodation or special or extra attention during the course of the voyage will be charged accordingly.
DAMAGE TO THE SHIP OR EQUIPMENT
Any passenger action, which results in damages of any kind to the Ship or Event equipment, is the responsibility of the passenger; replacement costs will be determined and assessed to the passenger prior to their disembarkation. In the event the damage is not discovered until after disembarkation, and the damage is within a passenger cabin, the lead passenger shall be liable to the Event for the replacement costs for the damage therein.
AUTHORITY OF THE MASTER TO TERMINATE VOYAGE
In the event the Ship’s Master determines, at his sole discretion, that the passenger’s conduct, intoxication or activity therein endangers the Ship or reduces the ability of the vessel to safely muster passengers in the event of emergency, the Master shall have absolute discretion to discontinue the voyage and return the vessel to its port of embarkation, in which case the Company and the MSC Cruises shall have no further liability to passengers for any claims related to such termination of voyage. You agree to indemnify and hold harmless the Company and MSC Cruises from any and all claims that may arise in the event the Master takes such action.
FORCE MAJEURE & EVENTS BEYOND THE COMPANY'S CONTROL
The Company shall not be liable for any loss, injury, damage, or inability to carry out the Event arising from any Force Majeure circumstances including, but not limited to: war, terrorism, fire, natural disasters, Acts of God, labor strikes, bankruptcy, inability to procure fuel, Acts of State, failure of subcontractors to perform, or any other events beyond the Company's reasonable control. In the event that this Event is cancelled because of a circumstance or occurrence outside of the control of the Company, including but not limited to force majeure events (such as acts of nature, fire, earthquake, government imposed travel restrictions; terrorism etc.), which cancellation shall be made in Company’s sole and exclusive discretion, Company shall not be liable for any damages, including but not limited to compensatory, nominal or consequential damages.
The Company shall not be liable to Passenger and Passenger shall not be entitled to any refund if Passenger is unable to reach the scheduled port of embarkation due to airline strikes, cancelled flights, volcanic eruptions or other natural conditions of the earth or weather which make it difficult or impossible for Passenger to travel to the vessel's port of embarkation.
ADDITIONAL TERMS & CONDITIONS
The Event reserves the right, at any time, to modify, change, postpone or abandon all or any part of the cruise program. In this case, the Company will NOT be responsible for any loss or expense caused by reason of such changes or abandonment. Refunds are not made to guests who elect not to stay through the duration of the event or who are forced to disembark early for any reason or cause whatsoever. All artists advertised have confirmed their appearance for the Event; however, the artists are subject to change. Unforeseen illnesses, circumstances, and contingencies may arise causing a cancellation by an Artist booked for the Event. Under these circumstances, the Company reserves the right in its sole and exclusive discretion to alter or cancel the band(s) contracted for and/or advertised for this Event. You expressly acknowledge that certain Cruise Ship offerings may change from time to time or be cancelled and agree that Company shall not be held responsible for such occurrences made by the Ship or the Event. The Company reserves the right to change the itinerary, schedule, and/or lineup and in such event(s) shall not be responsible or liable to you whatsoever including but not limited to, for any compensatory, nominal or consequential damages.
In addition to the restrictions and exemptions from liability provided in these Terms and Conditions, the Released Parties shall have the full benefit of any applicable laws providing for limitation and exoneration from liability, and nothing in contained herein is intended to operate to limit or deprive Beats at Sea, LLC and Holy Ship! of any such statutory limitation of or exoneration from liability. Without limiting the foregoing, the Released Parties claim benefit of all restrictions, exemptions and limitations of the “Convention Relating to the Carriage of Passengers and Their Luggage by Sea” of 1974 as well as the Protocol to the “Convention Relating to the Carriage of Passengers and Their Luggage by Sea” of 1976 (“Athens Convention”), which limits the liability of the Released Parties for the death of or personal injury to a passenger to no more than the applicable amount of Special Drawing Rights as defined therein, and all other limits on damage or loss to personal property.
RIGHT TO CHANGE ITINERARY
The Company reserves the right, at any time, to change, postpone or abandon all or any part of the cruise program and to change the itinerary whenever advisable or necessary. In this case, the Company will NOT be responsible for any loss or expenses caused by reason of such changes or abandonment. Refunds are not made to passengers who elect not to complete the cruise for any reason or cause whatsoever.
Cruise Ship information and descriptions therein on the Event website and on other third-party websites (including, without limitation, photographs, videos, editorials, amenities, and cruise line descriptions) are provided by MSC Cruises, suppliers and service providers. This information is provided to serve as a general guideline and while we can direct you to such information as a reference, the Company does not guarantee its accuracy.
The Ship and other third parties may require you to present a credit card or cash deposit upon check-in to cover incidentals and additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Company for the Event or other transaction. You acknowledge that the Ship and some third parties offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such third party’s rules and restrictions may result in cancellation of your reservation(s) for the Event, in your being denied access to the Event, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
All third parties are independent contractors or vendors and not agents or employees of the Company. The Company is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage or other damages or expenses related therein.
A reservation/ticket to the Event is a revocable license. The Company reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from the Event, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with Company’s zero tolerance policy or is otherwise disorderly or conducting themselves in a way that is in violation of the rules of an applicable third party (Cruise Ship, DMC, tour operator, supplier, excursions company, ground transportation provider, etc.) and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by Company or the applicable third party as illegal, disorderly, vulgar, abusive, threatening, aggressive, or out of compliance with this policy or the applicable third party’s terms, conditions, rules or policies, in whole or in part, or whose conduct is deemed by Company or the applicable third party as illegal, disorderly, vulgar, abusive, threatening, aggressive, or out of compliance with the applicable third party’s terms, conditions, rules or policies.
Your Representations and Warranties to Company
Without limiting anything set forth in this agreement, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with the Event and/or activities corresponding to your transactions with Company and/or via the ticketing website; (b) you are of sufficient legal age and authority to enter into any transaction with Company and/or via the reservations ticketing website, to attend the Event, and to create legal binding obligations for any liability you may incur as a result of entering into this agreement; (c) you are an authorized user of the credit or debit card used to enter into any transaction with Company and/or via the reservations ticketing website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by Company and/or any applicable third party; (e) you have obtained any and all passports, visas, health information and/or other permission necessary in connection with your transaction with Company and/or via the reservations ticketing website; and (f) you will not attempt to charge back your purchase with your bank or credit card company. Any attempt by you to charge back any or part of the purchase price or other charges incurred in connection with the Event, shall allow Company to (a) cancel your reservation for the then-current or any future Events, or (b) refuse to accept any reservation for any upcoming Event(s).
ADDITIONAL MSC CRUISES TERMS & CONDITIONS
In addition to the terms outlined herein, you are also bound by the Terms & Conditions set forth in the MSC Cruises ticket documentation and passenger agreement.