GUEST TICKET CONTRACT
(INCLUDING PASSENGER CONDUCT POLICY)
IMPORTANT NOTICE TO PASSENGERS
YOUR GUEST TICKET CONTRACT CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF PASSENGERS.IT IS IMPORTANT THAT YOU CAREFULLY READ ALL TERMS OF THIS CONTRACT,PAYING PARTICULAR ATTENTION TO SECTION6,SECTION9AND SECTIONS11THROUGH14,WHICH LIMIT OUR LIABILITY AND YOUR RIGHT TO SUE,AND RETAIN IT FOR FUTURE REFERENCE.
This Guest Ticket Contract(the“Ticket Contract”)describes the terms and conditions that will apply to the relationship between the Passenger(as defined in Section 2.2below)and the Carrier(as defined in Section 2.3below)of the Vessel with respect to the Cruise or Cruise Tour covered by this Agreement.
All terms and conditions of this Ticket Contractare incorporated into theGuest Ticket(the“Ticket”),whether or not the Passenger signed this Ticket Contract,purchased the ticket on his own or whether the ticket is held or presented by another person on his behalf,this Ticket Contractshall 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 Carrier.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 Carrier brochure or online atwww.aocruise.com,where applicable,as advised by your travel agent.In the event of any conflict between Carrier’s 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(incorporating the Passenger Conduct Policy)on the website ofwww.aocruise.com.
“Agreement”or“Contract”means the terms and conditions set forth in this Ticket Contract together with other terms and conditions contained in theTicket(including e-ticket)and Carrier website,as well as the form signed and confirmed by you at the time of booking and purchasing Tickets(including e-tickets),and theticket fareyou will have to pay for Cruise on this cruise.Together,the items described in the preceding sentence shall constitute an agreement between Passenger and Carrier for the Cruise or CruiseTour.
"Passenger"or“Guest”or“You”means all persons travelingor will travelunder this Ticket Contract."Passenger"shall include the plural and the use of the masculine shall include the feminine.
"Carrier"means the person who enters into this contract with the passenger by himself or by entrusting others to fill out the ticket in his own name.
“Ticket fare”means the fee payable by a passenger on a cruise specified in this contract,whether or not the fee has 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,shore excursions provided by third parties which can be purchased separately,nor does it include port tax,service fee,fuel surcharge and any other similar fees levied by any government or quasi-government organ on the tonnage of passengers,cruises,berths or cruises.Passenger agrees that the Carrier shall not be liable for the refund of the Ticket unless otherwise stipulated in this ticket contract or otherwise stipulated in laws and regulations.
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 ticket fare.
"Port Tax Fee" means the fees, charges, tolls and taxes levied by the government and/or any government or quasi-government organ, including, but not limited to, customs fees, head tax, dock usage fees, wharf fees, inspection fees, pilotage fees, Airport tax, Hotel tax or value-added tax payable on onshore travel, entry-exit and Naturalization fees, port maintenance fees and the provisions of the competent tax authorities. Costs, port/terminal fees and passenger handling fees are assessed on a per passenger, per cabin, per tonnage or per ship basis.
“Land Tour” shall mean the land tour to be provided either prior to the initial embarkation on the cruise or after the final debarkation from the cruise.
“Transport” means the railcars, buses and other modes of transportation or accommodation provided by LTO in connection with a Land Tour.
"Cruise" means a ship owned, chartered and operated by the Carrier and any other substitute ship used to perform this contract.
“cabin luggage” means luggage that passengers carry, keep or place in the cabin. 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.
“Travel Agent” means a person acting as an agent of a passenger, not a carrier, who is fully authorized by the passenger to act for and on behalf of the passenger in the formulation of cruise and any related travel plans, accommodation and travel or any other business, including, but not limited to, agents who sign a passenger bill contract with the carrier, receive any bill issued by the carrier, make an appointment, modify or cancel any reservation, sign any documents, pay and collect any funds.
PASSENGER'S OBLIGATION TO COMPLY WITH AGREEMENT,APPLICABLE LAWS,AND RULES OF CARRIER;QUARANTINE;INDEMNIFICATION
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 always abide by the lawful instructions of the captain,senior crew and crew.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,drugs or any other articles endangering or possibly endangering the safety of any person or property on a cruise ship,as well as any kind of animals(except those serving animals which are otherwise provided for in this Contract and which are carried on board with the consent of the Carrier)for consumption onboard the Vesseland agrees to comply with any Carrier policy covering such matters.Nothing in this Agreement shall grant to Passenger any right to sell products to or provide services to other Passengers onboard the Cruise or CruiseTour and Passenger shall be prohibited from doing so.
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.
Passenger understands and agrees that Carrier has a zero tolerance policy for illegal activity and shall report such activity to the appropriate authorities. In case of passenger’s breach, Carrier also has the right to require passengers and their accompanying passengers to disembark from the ship without any responsibility for refund or compensation for the loss or expenses of the passengers and their accompanying passengers.
Each adult Passenger undertakes and agrees to supervise at all times any accompanying minors to ensure compliance with the provisions of this Section 3.
Passengers must be fully subject to the Carrier's or master's right to dispose of the ship's safety and navigation safety.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 is in violation of any provision of this Agreement.
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 3,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);or(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.
Passengers are required to arrive at the port within the time specified by the carrier for boarding. If no time is specified, passengers must arrive at the port of boarding at least three (3) hours earlier than the scheduled departure time. Passengers agree to return to the ship in time at all ports of call during cruise and, in any case, at least 30 (30) minutes before the scheduled departure time. Carrier shall not be required to refund any portion of the Cruise 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 cruise tour 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 .
For whatever reason, Passengers are required to land at the port of departure or at the port designated by the carrier. After cruise cruise, Passengers who do not comply with the instructions of the carrier will be evacuated by the Carrier. The Passenger agrees to compensate the carrier for any delay, expense, loss or damage caused by refusal or failure to land due to non-compliance with the carrier's instructions.
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;or(iv)for failure to comply withCarrier's policies, regulations and procedures, including but not limited to Carrier'sPassengerConduct Policyor Carrier's policy of prohibiting excessive contact with staff on board. Carrier’s Passenger Conduct Policy is incorporated into the Guest Ticket Contract and are available online at the following website: www.aocruise.com.
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.
If Carrier exercises its rights under this Section 3,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.