TERMS & CONDITIONS
Please read the following Terms and Conditions BEFORE you book your cabin on the cruise. These Terms and Conditions are incorporated into your cruise reservation. By paying your payment, you fully and unconditionally agree to these Terms and Conditions and those of the Carnival Cruise Lines Contract of Passage (“Carnival Cruise Contract”), except as otherwise expressly provided hereunder. Your attention is especially directed to the section on Limitation of Liability, which contains important limitations on your rights to assert claims against Live Nation Touring, Inc. (hereinafter, “Live Nation”) and others.
Payments
Cancellation
No Shows
Name Changes
Transfer of Reservations
Gratuities and Taxes
Port Arrival
Required Travel Documents
Roommates
Prohibited Conduct
Passengers With Special Needs
Shore Excursions & Cruise Amenities
General Conditions
Medical Care
Ports of Call
Cancellation by LIVENATION
Limitation of Liability
Decisions of CARNIVAL CRUISE LINES
Disputes
Miscellaneous
_______________________________________
Payments:
A Non-Refundable deposit of:
• $600 per person for Interior, Deluxe Interior, Ocean View, Deluxe, Ocean View, Family Ocean View, and Deluxe Ocean View with Balcony Staterooms
• $1000 per person for Junior Suites, Suites, and Penthouse Suites
is required in order to hold your reservation. This deposit is Non-Refundable.
Deposits will be accepted until 8 pm EST on 10/06/06. Reservations made on or after 8 pm EST 10/06/06 require full payment in order to confirm your reservation.
Balance is due on or before 8 pm EST on 10/06/06. If full payment is not received your reservation is subject to 100% cancellation penalty per person.
Payment Terms supersede those made by the Carnival Cruise Contract. Please note the payment provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by CARNIVAL CRUISE LINES or its affiliated entities, whether in the Carnival Cruise Contract terms or elsewhere. All rights granted to passengers in the Carnival Cruise Contract, or through Carnival’s Vacation Guarantee, relating to the payment or refund of cruise fare and to cancellations by passengers shall not be operative. The “main guest” is defined as the guest who makes payment on/for the reservation. Any changes made to the reservation must be approved by the “main guest.” This includes, but is not limited to, name changes and transfer of reservations, dining requests, and cabin location requests.
Cancellation:
All deposits and payments are Non-Refundable. Should you cancel for any reason, a 100% per person cancellation fee will apply. No refunds. The purchase of Travel Insurance is highly recommended. Transfer of a reservation is allowed. Please see below for terms and conditions relating to reservation transfers.
Please note the cancellation provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by CARNIVAL CRUISE LINES, whether in its ticket contract terms or elsewhere. All rights granted to passengers in the Carnival Cruise contract, or through Carnival’s Vacation Guarantee, relating to the payment or refund of cruise fare and to cancellations by passengers shall not be operative.
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No Shows:
All no shows will be assessed a 100% cancellation fee.
Name Changes:
Once a payment is taken from an individual, any name changes or substitutions in that cabin will be assessed a name change fee. All changes must be communicated and handled directly by calling 1 (888) 487-3603. The “main guest” is defined as the guest who makes payment on/for the reservation. Any changes made to the reservation must be approved by the “main guest.” Please read the following fee schedule carefully:
• $200 fee per name change will be assessed for changes made prior to and up to 8 pm EST on Wednesday, November 29, 2006.
• $400 fee per name change after 6 pm EST on November 29, 2006 and up to 8 pm EST on January 24, 2007.
• No name changes will be allowed after January 24, 2007
• Please note that a change of the main guest constitutes a transfer and is subject to the transfer terms and conditions.
Transfer of Reservations:
If a reservation is transferred to a NEW guest the NEW traveler must make full payment. Once that payment has been made, then the applicable amounts paid by the ORIGINAL traveler will be refunded directly to the original traveler.
A reservation is valid only for the person(s) names as guests and can not be transferred without the consent of Live Nation and the “main guest”. A $250 Transfer Fee will be charged to the reservation in order to complete the transfer. It is the responsibility of the original owner and the new owner to determine how the fee will be paid. A transfer is defined as a complete change of not only the main guest, but of all guests on the reservation.
Gratuities and Taxes:
Pre-paid Gratuities and Government Taxes are mandatory, and will be charged with the balance due on your cabin. These charges are in addition to the Cruise fare and may include, but are not limited to, passenger facility charges, security surcharges, fuel surcharges, international passenger departure or arrival tax, customs user fee, immigration fee and agricultural inspection fee. These taxes and fees are subject to increase prior to your departure date, in which case you will be invoiced for the balance prior to your boarding the ship. If you have questions regarding the gratuities or taxes, please refer to the PRICING page, or contact a Cruise Specialist at 1 (888) 487-3603.
Port Arrival:
You must arrive at the port in Port Everglades (Ft. Lauderdale, FL), with your luggage and all required travel documents, no later than 2 hours prior to the ship departure time on Saturday, January 28, 2007 or Wednesday, January 31, 2007, depending on your applicable departure date.
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Required Travel Documents:
Effective December 31, 2006, the U.S. Government will require that all of our guests, including U.S. citizens, be in possession of a valid passport when traveling on any Carnival cruise. Foreign nationals should contact their respective governments to obtain further details. For more information or to get a passport application, visit www.travel.state.gov.
All guests must present the required documentation at embarkation. Guests without the required documentation will be denied boarding and no refund will be issued. Please understand that Carnival will strictly enforce this requirement to be in compliance with this important U.S. Government mandate.
For more information, or to get a passport application, visit www.travel.state.gov. Or, contact Passport Services at www.passportservices.com/carnival for step-by-step instructions, passport applications, call center support, and discounted rates. Need your passport right away? Passport Services offers 24-hour processing.
Guest names on travel documents (passport, Alien Resident Card, birth certificate, etc.) must be identical to those on the cruise and airline tickets. Otherwise, proof of name change (e.g., a marriage license) OR a valid driver’s license (or government-issued photo ID) must be presented.
On occasion non-U.S. citizens and U.S. Resident Aliens may be asked to surrender their passport and/or Alien Resident Card at time of embarkation. These documents will be returned upon completion of the Immigration inspection at the time of debarkation.
U.S. State Department regulations require all guests traveling from visa-waiver countries be in possession of a machine-readable passport that includes a biometric identifier– i.e., embedded digital photograph. Otherwise, guests will be required to obtain a U.S. Multiple Re-entry Visa. Guests without proper identification may be refused boarding or entry into the United States.
Family Legal Documents:
Adults who are not the parent or Legal Guardian of any minor child traveling with them are required to present the child's valid passport and visa (if required) or the child's birth certificate (original or certified copy) and an original notarized letter signed by at least one of the child's parents. The notarized letter from the child's parent must authorize the traveling adult to take the child on the specific cruise and must authorize the traveling adult to supervise the child and permit any medical treatment that must be administered to the child. If a non-parent adult is a Legal Guardian, the adult must present a certified certificate of Guardianship with respect to the child.
Inoculation / Health:
All guests must ensure that they are medically and physically fit for travel. The Centers for Disease Control (CDC) and the World Health Organization (WHO) provide guidelines as to which vaccinations are required in each country. In many cases inoculations are recommended but in some circumstances they are required. We recommend that you check with your health care professional or a Travel Medicine Specialist certified by the WHO for guidance. Other informational resources can be accessed at the Center for Disease Control and Prevention's Traveler's Health website or toll free at 1-877-FYI-TRIP, and the World Health Organization website.
Non-U.S. Citizens
You will need a valid passport and, in some cases, a visa. If you live in the U.S., you will also need the original copy of your Alien Registration Card (ARC or "Green Card") and any other documentation the countries on your itinerary require due to your alien status.
Citizens from the Visa Waiver Program countries will require a machine-readable passport valid for the duration of their voyage.
A machine-readable passport has a code like this on the bottom of the picture page:
P<<UKDOE<<JOHN<<<<<<1234567890M1234567890M1234567890<1234567890
Live Nation and the other Released Parties (as herein defined) assume no responsibility for advising you of immigration requirements. Non-U.S. citizens, including resident aliens, must contact the appropriate consulates, embassies and/or immigration office(s) to inquire about necessary documentation for the Cruise’s ports of call. Your name, as listed on your travel documents, must exactly match your name as listed on your Cruise documents.
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Roommates:
Your decision to accept a roommate for the Cruise is at your own risk. Live Nation, its co-promoters with respect to the Cruise, each of their parent companies and related entities, and each of their respective officers, directors, employees, agents and contractors (collectively referred to herein as the “Released Parties”), are not responsible nor liable for any and all claims or cause of action arising out of or in connection with your selection of a roommate for the Cruise, including, without limitation, any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such request or selection.
Prohibited Conduct:
You may not sell, promote, distribute or offer for sale any merchandise, goods, souvenirs or other products on the Cruise without first obtaining Live Nation’s written approval. You may not permanently disembark the Cruise ship, or remove any merchandise from it, at any port in the United States, its districts, territories or possessions, other than at the port of final disembarkation (Ft. Lauderdale).
Passengers With Special Needs:
By booking the Cruise, you warrant that you, and those traveling with you, are physically fit to travel at the time of embarkation. Boarding will be denied to any person who will enter her third trimester (twenty-seventh week) of pregnancy by the time of the Cruise or during the cruise and to infants under four months old. You must notify Live Nation at the time of booking of any disability or other medical or physical condition that may require special assistance during the Cruise. Your failure to do so will release the Released Parties from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. Live Nation and CARNIVAL CRUISE LINES reserve the right to require that any passenger who is not self-sufficient travel with a companion who shall take responsibility for any assistance needed during the Cruise and in case of emergency.
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Shore Excursions & Cruise Amenities:
You acknowledge that all shore excursions and tours, however conducted; airline flights and ground transportation; and any ship physician, nurse and on board concessions (including, without limitation, gift shops, spa, beauty salon, fitness center, golf and art programs, and video/snorkel concession) are operated by independent contractors. Live Nation neither supervises nor controls their actions, nor makes any representation, whether express or implied, as to their suitability. These services are provided only as a convenience for you, and you are free to use or not use them. You agree that each of the Released Parties assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to you and/or your property in connection with these services. You use them at your own risk.
General Conditions:
Transportation on the Cruise may be denied to any person who, in Live Nation’s or CARNIVAL CRUISE LINES’s sole discretion: (1) is or becomes in such a condition as to be unfit to travel; (2) is dangerous or obnoxious to others; or (3) is inadmissible under the laws of any country of debarkation. In addition, Live Nation and CARNIVAL CRUISE LINES reserve the right to refuse passage, disembark or confine to a stateroom any person whose physical or mental condition or behavior they consider, in their sole discretion, to constitute a risk to the person’s own well-being or that of any other person. The Released Parties shall have no liability to any such person or any third party arising out of any such decision. Any costs resulting from Live Nation’s and/or CARNIVAL CRUISE LINES’s decision, including, without limitation, costs of lodging and transportation, shall be the responsibility solely of the person.
Medical Care:
You assume all risks associated with travel and transportation on the Cruise. While at sea or in port, the availability of medical care may be limited and/or delayed. You acknowledge that all or part of the Cruise may be in areas where medical care and/or evacuation may not be available. You agree to indemnify and reimburse Live Nation and/or CARNIVAL CRUISE LINES in the event that either party, in its sole discretion, to advance to you the cost of emergency medical care, including medical evacuation and/or medical care provided ashore, as well as transportation and/or lodging in connection therewith. Live Nation shall have no responsibility to advance any such costs.
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Ports of Call:
You assume sole responsibility for your own safety in any port of call. Live Nation and the other Released Parties do not guarantee your safety at any time. You may find information about the scheduled ports of call through the U.S. Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations. Live Nation and the other Released Parties assume no responsibility for gathering and/or disseminating any such information.
Cancellation by LIVENATION:
Live Nation and CARNIVAL CRUISE LINES have the right without previous notice to cancel the Cruise, before embarkation, at the port of embarkation or at any time during the Cruise. Thereupon, Live Nation shall return to you, if the Cruise is completely canceled, your cabin fare, prepaid gratuities, cruise line transfers and related taxes and fees, or, if the Cruise is partially canceled, a proportionate part thereof. Under such circumstances, Live Nation and the Released Parties shall have no further liability for damages or compensation of any kind. Please note that the availability of any refund for travel insurance and/or other travel products (airfare, hotel, car rental), even if purchased in conjunction with the Cruise, will be determined in accordance with the applicable cancellation policies for such other products or services.
Limitation of Liability:
By booking the Cruise, you (the passenger) agree to release and hold harmless the Released Parties, from and against any claim or cause of action arising out of or in connection with your travel on and participation in the Cruise, including, but not limited to: (1) injury, death or delay of passengers, or loss, damage or delay of or to passengers’ baggage or other property, which may be caused, directly or indirectly, in whole or in part, from participation in the Cruise, including, without limitation, passenger’s use of or participation in any shore excursion, on board concession or athletic or recreational activity; (2) your request for or selection of a roommate for the Cruise; (3) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances (except when such damages were caused by the Released Parties’ negligence and resulted from the same passenger’s sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to have been intentionally inflicted by the Released Parties); (4) any change in scheduled Cruise events and/or celebrity appearances; or (5) CARNIVAL CRUISE LINES’s exercise of its contractual rights (see below). You further agree that the Released Parties shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by any of the Released Parties, nor for any intentional or negligent acts of any of the Released Parties’ employees committed while off duty or outside the course and scope of their employment.
In the event that a court of competent jurisdiction holds any of the foregoing to be unenforceable, then the Released Parties’ liability shall be limited to the maximum extent permitted by law. In addition, in such case:
• Claims for Personal Injury, Illness or Death:
o The Released Parties shall not be liable for any claims whatsoever for personal injury, illness or death of a passenger, unless full particulars in writing are given to Live Nation within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the injury, event, illness or death, and unless served on Live Nation within 120 days after filing. You (the passenger) expressly waive all other potentially applicable state or federal limitations periods.
• Claims other than Personal Injury, Illness or Death:
o The Released Parties shall not be liable for any claims whatsoever, other than for personal injury, illness or death of a passenger, unless full particulars in writing are given to Live Nation within 30 days after the passenger is landed from the Cruise, or if the Cruise is abandoned, within 30 days thereafter. Suit to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless filed within six months after the date the passenger is landed from the Cruise or the Cruise is abandoned, and unless served upon Live Nation within 120 days after filing. You (the passenger) expressly waive all other potentially applicable state or federal limitations periods.
T HE EXCLUSIONS OR LIMITATIONS OF LIABILITY OF THE RELEASED PARTIES SET FORTH IN THE PROVISIONS OF THIS CONTRACT SHALL ALSO APPLY TO AND BE FOR THE BENEFIT OF AGENTS, INDEPENDENT CONTRACTORS, CONCESSIONAIRES AND SUPPLIERS OF THE RELEASED PARTIES, TOGETHER WITH THE EMPLOYEES AND SERVANTS OF EACH OF THE FOREGOING. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL THE RELEASED PARTIES OR CARNIVAL CRUISE LINES BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.
Passenger Duty
Passenger, or if a minor, his or her parent or guardian, shall be liable to, and shall reimburse Released Parties for, any damage to the Released Parties’ property, the Vessel, the Transport or any property of CARNIVAL CRUISE LINES caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger; and Passenger, or if a minor, his or her parent or guardian, shall further indemnify the Released Parties and each and all of their agents and servants against all liability which the Released Parties may incur towards any person or company or government for any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of Passenger.
Decisions of CARNIVAL CRUISE LINES:
You will receive CARNIVAL CRUISE LINES Standard Contract of Passage Terms and Conditions (the “CARNIVAL CRUISE LINES Terms”) with your Cruise ticket. The CARNIVAL CRUISE LINES Terms constitute your agreement with CARNIVAL CRUISE LINES. The CARNIVAL CRUISE LINES Terms provide that CARNIVAL CRUISE LINES may exercise its rights in a variety of matters, including, without limitation:
• Its right to alter the ship’s course, ports of call, itinerary, activity and shore excursions, for any reason, to ensure the comfort and safety of the passengers and crew;
• Its decision to comply with any order, recommendation or direction given by any government or other person or Live Nation; and
• Its decision to deny boarding to, confine to a stateroom or disembark any Cruise passenger. The Released Parties (as defined above) shall not be liable to you or any third party for any claim or cause of action arising, directly or indirectly, in whole or in part, out of CARNIVAL CRUISE LINES exercise of any of its rights as provided in the CARNIVAL CRUISE LINES Terms. Without limiting the foregoing, the Released Parties shall not be liable to any Cruise passenger for a full or partial refund of any Cruise fare, or for any lodging or transportation expenses, as a result of CARNIVAL CRUISE LINES exercise of its contractual rights.
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Disputes:
Except where prohibited by law, you (the passenger) expressly agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Cruise shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Miami, Florida, U.S.A. to the exclusion of the courts of any other state, territory or country; (2) you waive any venue or other objection that you may have to any such action or proceeding being brought in any court located in Miami, Florida; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Cruise, but in no event attorneys’ fees; and (4) you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
Miscellaneous:
CARNIVAL CRUISE LINES reserves the right to substitute the Cruise vessel. Any consequences arising out of CARNIVAL CRUISE LINES’ exercise of this right shall be governed by the agreement between CARNIVAL CRUISE LINES and Live Nation, and not by CARNIVAL CRUISE LINES’ agreement with you, the passenger. Furthermore, in the event of any conflict between the CARNIVAL CRUISE LINES Terms and these Terms and Conditions, these Terms and Conditions will prevail. In addition, CARNIVAL CRUISE LINES and/or Live Nation may reassign cabins as determined necessary or desirable by the Vessel’s Safety Department or Live Nation, in their sole discretion.
(c) 2006 Live Nation Worldwide, Inc. The Live Nation name and logo are trademarks of Live Nation Worldwide, Inc. Any other third party trademarks are the exclusive property of their respective owners.
The information contained on this page and in other pages and material relating to the Cruise, including any information regarding celebrity participation and programmed events, is subject to change at any time and without notice. The details shown are for informational purposes only. The Released Parties are not responsible for any errors, changes and/or omissions resulting in pricing, inventory or content discrepancies.
Live Nation has the exclusive right to include photographic, video and other visual portrayals of Passenger in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Passenger. All rights, title and interest therein (including all worldwide copyrights therein) shall be Live Nation's sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger and Passenger hereby expressly releases the Released Parties from and waives any rights to any claims in connection therewith.
Passenger acknowledges and confirms that any travel agent utilized by Passenger in connection with the issuance of this ticket is, for all purposes, Passenger's agent and the Released Parties shall not be liable for any representation made by said travel agent. Passenger shall at all times remain liable to Live Nation for the price of passage.
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 the Released Parties 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.
These Terms and Conditions and the terms accepted during the cruise reservation process contain the entire agreement between Live Nation and Passenger and supersedes any other agreements, written or oral, relating to the subject matter herein. Any waiver of any provision of must be made in writing and signed by an authorized representative of Live Nation. If any portion of shall be determined to be invalid, then said portion shall be deemed severed from the Contract in such jurisdiction only and all remaining portions shall remain in full force and effect.
Passenger, or if a minor, his parent or guardian, shall be liable to the Released Parties for any fines or penalties imposed on the Released Parties Vessel or the Transport or Carrier by any authorities for his or her failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise.
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Please read the following Terms and Conditions BEFORE you book your cabin on the cruise. These Terms and Conditions are incorporated into your cruise reservation. By paying your payment, you fully and unconditionally agree to these Terms and Conditions and those of the Carnival Cruise Lines Contract of Passage (“Carnival Cruise Contract”), except as otherwise expressly provided hereunder. Your attention is especially directed to the section on Limitation of Liability, which contains important limitations on your rights to assert claims against Live Nation Touring, Inc. (hereinafter, “Live Nation”) and others.
Payments
Cancellation
No Shows
Name Changes
Transfer of Reservations
Gratuities and Taxes
Port Arrival
Required Travel Documents
Roommates
Prohibited Conduct
Passengers With Special Needs
Shore Excursions & Cruise Amenities
General Conditions
Medical Care
Ports of Call
Cancellation by LIVENATION
Limitation of Liability
Decisions of CARNIVAL CRUISE LINES
Disputes
Miscellaneous
_______________________________________
Payments:
A Non-Refundable deposit of:
• $600 per person for Interior, Deluxe Interior, Ocean View, Deluxe, Ocean View, Family Ocean View, and Deluxe Ocean View with Balcony Staterooms
• $1000 per person for Junior Suites, Suites, and Penthouse Suites
is required in order to hold your reservation. This deposit is Non-Refundable.
Deposits will be accepted until 8 pm EST on 10/06/06. Reservations made on or after 8 pm EST 10/06/06 require full payment in order to confirm your reservation.
Balance is due on or before 8 pm EST on 10/06/06. If full payment is not received your reservation is subject to 100% cancellation penalty per person.
Payment Terms supersede those made by the Carnival Cruise Contract. Please note the payment provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by CARNIVAL CRUISE LINES or its affiliated entities, whether in the Carnival Cruise Contract terms or elsewhere. All rights granted to passengers in the Carnival Cruise Contract, or through Carnival’s Vacation Guarantee, relating to the payment or refund of cruise fare and to cancellations by passengers shall not be operative. The “main guest” is defined as the guest who makes payment on/for the reservation. Any changes made to the reservation must be approved by the “main guest.” This includes, but is not limited to, name changes and transfer of reservations, dining requests, and cabin location requests.
Cancellation:
All deposits and payments are Non-Refundable. Should you cancel for any reason, a 100% per person cancellation fee will apply. No refunds. The purchase of Travel Insurance is highly recommended. Transfer of a reservation is allowed. Please see below for terms and conditions relating to reservation transfers.
Please note the cancellation provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by CARNIVAL CRUISE LINES, whether in its ticket contract terms or elsewhere. All rights granted to passengers in the Carnival Cruise contract, or through Carnival’s Vacation Guarantee, relating to the payment or refund of cruise fare and to cancellations by passengers shall not be operative.
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No Shows:
All no shows will be assessed a 100% cancellation fee.
Name Changes:
Once a payment is taken from an individual, any name changes or substitutions in that cabin will be assessed a name change fee. All changes must be communicated and handled directly by calling 1 (888) 487-3603. The “main guest” is defined as the guest who makes payment on/for the reservation. Any changes made to the reservation must be approved by the “main guest.” Please read the following fee schedule carefully:
• $200 fee per name change will be assessed for changes made prior to and up to 8 pm EST on Wednesday, November 29, 2006.
• $400 fee per name change after 6 pm EST on November 29, 2006 and up to 8 pm EST on January 24, 2007.
• No name changes will be allowed after January 24, 2007
• Please note that a change of the main guest constitutes a transfer and is subject to the transfer terms and conditions.
Transfer of Reservations:
If a reservation is transferred to a NEW guest the NEW traveler must make full payment. Once that payment has been made, then the applicable amounts paid by the ORIGINAL traveler will be refunded directly to the original traveler.
A reservation is valid only for the person(s) names as guests and can not be transferred without the consent of Live Nation and the “main guest”. A $250 Transfer Fee will be charged to the reservation in order to complete the transfer. It is the responsibility of the original owner and the new owner to determine how the fee will be paid. A transfer is defined as a complete change of not only the main guest, but of all guests on the reservation.
Gratuities and Taxes:
Pre-paid Gratuities and Government Taxes are mandatory, and will be charged with the balance due on your cabin. These charges are in addition to the Cruise fare and may include, but are not limited to, passenger facility charges, security surcharges, fuel surcharges, international passenger departure or arrival tax, customs user fee, immigration fee and agricultural inspection fee. These taxes and fees are subject to increase prior to your departure date, in which case you will be invoiced for the balance prior to your boarding the ship. If you have questions regarding the gratuities or taxes, please refer to the PRICING page, or contact a Cruise Specialist at 1 (888) 487-3603.
Port Arrival:
You must arrive at the port in Port Everglades (Ft. Lauderdale, FL), with your luggage and all required travel documents, no later than 2 hours prior to the ship departure time on Saturday, January 28, 2007 or Wednesday, January 31, 2007, depending on your applicable departure date.
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Required Travel Documents:
Effective December 31, 2006, the U.S. Government will require that all of our guests, including U.S. citizens, be in possession of a valid passport when traveling on any Carnival cruise. Foreign nationals should contact their respective governments to obtain further details. For more information or to get a passport application, visit www.travel.state.gov.
All guests must present the required documentation at embarkation. Guests without the required documentation will be denied boarding and no refund will be issued. Please understand that Carnival will strictly enforce this requirement to be in compliance with this important U.S. Government mandate.
For more information, or to get a passport application, visit www.travel.state.gov. Or, contact Passport Services at www.passportservices.com/carnival for step-by-step instructions, passport applications, call center support, and discounted rates. Need your passport right away? Passport Services offers 24-hour processing.
Guest names on travel documents (passport, Alien Resident Card, birth certificate, etc.) must be identical to those on the cruise and airline tickets. Otherwise, proof of name change (e.g., a marriage license) OR a valid driver’s license (or government-issued photo ID) must be presented.
On occasion non-U.S. citizens and U.S. Resident Aliens may be asked to surrender their passport and/or Alien Resident Card at time of embarkation. These documents will be returned upon completion of the Immigration inspection at the time of debarkation.
U.S. State Department regulations require all guests traveling from visa-waiver countries be in possession of a machine-readable passport that includes a biometric identifier– i.e., embedded digital photograph. Otherwise, guests will be required to obtain a U.S. Multiple Re-entry Visa. Guests without proper identification may be refused boarding or entry into the United States.
Family Legal Documents:
Adults who are not the parent or Legal Guardian of any minor child traveling with them are required to present the child's valid passport and visa (if required) or the child's birth certificate (original or certified copy) and an original notarized letter signed by at least one of the child's parents. The notarized letter from the child's parent must authorize the traveling adult to take the child on the specific cruise and must authorize the traveling adult to supervise the child and permit any medical treatment that must be administered to the child. If a non-parent adult is a Legal Guardian, the adult must present a certified certificate of Guardianship with respect to the child.
Inoculation / Health:
All guests must ensure that they are medically and physically fit for travel. The Centers for Disease Control (CDC) and the World Health Organization (WHO) provide guidelines as to which vaccinations are required in each country. In many cases inoculations are recommended but in some circumstances they are required. We recommend that you check with your health care professional or a Travel Medicine Specialist certified by the WHO for guidance. Other informational resources can be accessed at the Center for Disease Control and Prevention's Traveler's Health website or toll free at 1-877-FYI-TRIP, and the World Health Organization website.
Non-U.S. Citizens
You will need a valid passport and, in some cases, a visa. If you live in the U.S., you will also need the original copy of your Alien Registration Card (ARC or "Green Card") and any other documentation the countries on your itinerary require due to your alien status.
Citizens from the Visa Waiver Program countries will require a machine-readable passport valid for the duration of their voyage.
A machine-readable passport has a code like this on the bottom of the picture page:
P<<UKDOE<<JOHN<<<<<<1234567890M1234567890M1234567890<1234567890
Live Nation and the other Released Parties (as herein defined) assume no responsibility for advising you of immigration requirements. Non-U.S. citizens, including resident aliens, must contact the appropriate consulates, embassies and/or immigration office(s) to inquire about necessary documentation for the Cruise’s ports of call. Your name, as listed on your travel documents, must exactly match your name as listed on your Cruise documents.
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Roommates:
Your decision to accept a roommate for the Cruise is at your own risk. Live Nation, its co-promoters with respect to the Cruise, each of their parent companies and related entities, and each of their respective officers, directors, employees, agents and contractors (collectively referred to herein as the “Released Parties”), are not responsible nor liable for any and all claims or cause of action arising out of or in connection with your selection of a roommate for the Cruise, including, without limitation, any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such request or selection.
Prohibited Conduct:
You may not sell, promote, distribute or offer for sale any merchandise, goods, souvenirs or other products on the Cruise without first obtaining Live Nation’s written approval. You may not permanently disembark the Cruise ship, or remove any merchandise from it, at any port in the United States, its districts, territories or possessions, other than at the port of final disembarkation (Ft. Lauderdale).
Passengers With Special Needs:
By booking the Cruise, you warrant that you, and those traveling with you, are physically fit to travel at the time of embarkation. Boarding will be denied to any person who will enter her third trimester (twenty-seventh week) of pregnancy by the time of the Cruise or during the cruise and to infants under four months old. You must notify Live Nation at the time of booking of any disability or other medical or physical condition that may require special assistance during the Cruise. Your failure to do so will release the Released Parties from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. Live Nation and CARNIVAL CRUISE LINES reserve the right to require that any passenger who is not self-sufficient travel with a companion who shall take responsibility for any assistance needed during the Cruise and in case of emergency.
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Shore Excursions & Cruise Amenities:
You acknowledge that all shore excursions and tours, however conducted; airline flights and ground transportation; and any ship physician, nurse and on board concessions (including, without limitation, gift shops, spa, beauty salon, fitness center, golf and art programs, and video/snorkel concession) are operated by independent contractors. Live Nation neither supervises nor controls their actions, nor makes any representation, whether express or implied, as to their suitability. These services are provided only as a convenience for you, and you are free to use or not use them. You agree that each of the Released Parties assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to you and/or your property in connection with these services. You use them at your own risk.
General Conditions:
Transportation on the Cruise may be denied to any person who, in Live Nation’s or CARNIVAL CRUISE LINES’s sole discretion: (1) is or becomes in such a condition as to be unfit to travel; (2) is dangerous or obnoxious to others; or (3) is inadmissible under the laws of any country of debarkation. In addition, Live Nation and CARNIVAL CRUISE LINES reserve the right to refuse passage, disembark or confine to a stateroom any person whose physical or mental condition or behavior they consider, in their sole discretion, to constitute a risk to the person’s own well-being or that of any other person. The Released Parties shall have no liability to any such person or any third party arising out of any such decision. Any costs resulting from Live Nation’s and/or CARNIVAL CRUISE LINES’s decision, including, without limitation, costs of lodging and transportation, shall be the responsibility solely of the person.
Medical Care:
You assume all risks associated with travel and transportation on the Cruise. While at sea or in port, the availability of medical care may be limited and/or delayed. You acknowledge that all or part of the Cruise may be in areas where medical care and/or evacuation may not be available. You agree to indemnify and reimburse Live Nation and/or CARNIVAL CRUISE LINES in the event that either party, in its sole discretion, to advance to you the cost of emergency medical care, including medical evacuation and/or medical care provided ashore, as well as transportation and/or lodging in connection therewith. Live Nation shall have no responsibility to advance any such costs.
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Ports of Call:
You assume sole responsibility for your own safety in any port of call. Live Nation and the other Released Parties do not guarantee your safety at any time. You may find information about the scheduled ports of call through the U.S. Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations. Live Nation and the other Released Parties assume no responsibility for gathering and/or disseminating any such information.
Cancellation by LIVENATION:
Live Nation and CARNIVAL CRUISE LINES have the right without previous notice to cancel the Cruise, before embarkation, at the port of embarkation or at any time during the Cruise. Thereupon, Live Nation shall return to you, if the Cruise is completely canceled, your cabin fare, prepaid gratuities, cruise line transfers and related taxes and fees, or, if the Cruise is partially canceled, a proportionate part thereof. Under such circumstances, Live Nation and the Released Parties shall have no further liability for damages or compensation of any kind. Please note that the availability of any refund for travel insurance and/or other travel products (airfare, hotel, car rental), even if purchased in conjunction with the Cruise, will be determined in accordance with the applicable cancellation policies for such other products or services.
Limitation of Liability:
By booking the Cruise, you (the passenger) agree to release and hold harmless the Released Parties, from and against any claim or cause of action arising out of or in connection with your travel on and participation in the Cruise, including, but not limited to: (1) injury, death or delay of passengers, or loss, damage or delay of or to passengers’ baggage or other property, which may be caused, directly or indirectly, in whole or in part, from participation in the Cruise, including, without limitation, passenger’s use of or participation in any shore excursion, on board concession or athletic or recreational activity; (2) your request for or selection of a roommate for the Cruise; (3) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances (except when such damages were caused by the Released Parties’ negligence and resulted from the same passenger’s sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to have been intentionally inflicted by the Released Parties); (4) any change in scheduled Cruise events and/or celebrity appearances; or (5) CARNIVAL CRUISE LINES’s exercise of its contractual rights (see below). You further agree that the Released Parties shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by any of the Released Parties, nor for any intentional or negligent acts of any of the Released Parties’ employees committed while off duty or outside the course and scope of their employment.
In the event that a court of competent jurisdiction holds any of the foregoing to be unenforceable, then the Released Parties’ liability shall be limited to the maximum extent permitted by law. In addition, in such case:
• Claims for Personal Injury, Illness or Death:
o The Released Parties shall not be liable for any claims whatsoever for personal injury, illness or death of a passenger, unless full particulars in writing are given to Live Nation within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the injury, event, illness or death, and unless served on Live Nation within 120 days after filing. You (the passenger) expressly waive all other potentially applicable state or federal limitations periods.
• Claims other than Personal Injury, Illness or Death:
o The Released Parties shall not be liable for any claims whatsoever, other than for personal injury, illness or death of a passenger, unless full particulars in writing are given to Live Nation within 30 days after the passenger is landed from the Cruise, or if the Cruise is abandoned, within 30 days thereafter. Suit to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless filed within six months after the date the passenger is landed from the Cruise or the Cruise is abandoned, and unless served upon Live Nation within 120 days after filing. You (the passenger) expressly waive all other potentially applicable state or federal limitations periods.
T HE EXCLUSIONS OR LIMITATIONS OF LIABILITY OF THE RELEASED PARTIES SET FORTH IN THE PROVISIONS OF THIS CONTRACT SHALL ALSO APPLY TO AND BE FOR THE BENEFIT OF AGENTS, INDEPENDENT CONTRACTORS, CONCESSIONAIRES AND SUPPLIERS OF THE RELEASED PARTIES, TOGETHER WITH THE EMPLOYEES AND SERVANTS OF EACH OF THE FOREGOING. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL THE RELEASED PARTIES OR CARNIVAL CRUISE LINES BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.
Passenger Duty
Passenger, or if a minor, his or her parent or guardian, shall be liable to, and shall reimburse Released Parties for, any damage to the Released Parties’ property, the Vessel, the Transport or any property of CARNIVAL CRUISE LINES caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger; and Passenger, or if a minor, his or her parent or guardian, shall further indemnify the Released Parties and each and all of their agents and servants against all liability which the Released Parties may incur towards any person or company or government for any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of Passenger.
Decisions of CARNIVAL CRUISE LINES:
You will receive CARNIVAL CRUISE LINES Standard Contract of Passage Terms and Conditions (the “CARNIVAL CRUISE LINES Terms”) with your Cruise ticket. The CARNIVAL CRUISE LINES Terms constitute your agreement with CARNIVAL CRUISE LINES. The CARNIVAL CRUISE LINES Terms provide that CARNIVAL CRUISE LINES may exercise its rights in a variety of matters, including, without limitation:
• Its right to alter the ship’s course, ports of call, itinerary, activity and shore excursions, for any reason, to ensure the comfort and safety of the passengers and crew;
• Its decision to comply with any order, recommendation or direction given by any government or other person or Live Nation; and
• Its decision to deny boarding to, confine to a stateroom or disembark any Cruise passenger. The Released Parties (as defined above) shall not be liable to you or any third party for any claim or cause of action arising, directly or indirectly, in whole or in part, out of CARNIVAL CRUISE LINES exercise of any of its rights as provided in the CARNIVAL CRUISE LINES Terms. Without limiting the foregoing, the Released Parties shall not be liable to any Cruise passenger for a full or partial refund of any Cruise fare, or for any lodging or transportation expenses, as a result of CARNIVAL CRUISE LINES exercise of its contractual rights.
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Disputes:
Except where prohibited by law, you (the passenger) expressly agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Cruise shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Miami, Florida, U.S.A. to the exclusion of the courts of any other state, territory or country; (2) you waive any venue or other objection that you may have to any such action or proceeding being brought in any court located in Miami, Florida; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Cruise, but in no event attorneys’ fees; and (4) you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
Miscellaneous:
CARNIVAL CRUISE LINES reserves the right to substitute the Cruise vessel. Any consequences arising out of CARNIVAL CRUISE LINES’ exercise of this right shall be governed by the agreement between CARNIVAL CRUISE LINES and Live Nation, and not by CARNIVAL CRUISE LINES’ agreement with you, the passenger. Furthermore, in the event of any conflict between the CARNIVAL CRUISE LINES Terms and these Terms and Conditions, these Terms and Conditions will prevail. In addition, CARNIVAL CRUISE LINES and/or Live Nation may reassign cabins as determined necessary or desirable by the Vessel’s Safety Department or Live Nation, in their sole discretion.
(c) 2006 Live Nation Worldwide, Inc. The Live Nation name and logo are trademarks of Live Nation Worldwide, Inc. Any other third party trademarks are the exclusive property of their respective owners.
The information contained on this page and in other pages and material relating to the Cruise, including any information regarding celebrity participation and programmed events, is subject to change at any time and without notice. The details shown are for informational purposes only. The Released Parties are not responsible for any errors, changes and/or omissions resulting in pricing, inventory or content discrepancies.
Live Nation has the exclusive right to include photographic, video and other visual portrayals of Passenger in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Passenger. All rights, title and interest therein (including all worldwide copyrights therein) shall be Live Nation's sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger and Passenger hereby expressly releases the Released Parties from and waives any rights to any claims in connection therewith.
Passenger acknowledges and confirms that any travel agent utilized by Passenger in connection with the issuance of this ticket is, for all purposes, Passenger's agent and the Released Parties shall not be liable for any representation made by said travel agent. Passenger shall at all times remain liable to Live Nation for the price of passage.
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 the Released Parties 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.
These Terms and Conditions and the terms accepted during the cruise reservation process contain the entire agreement between Live Nation and Passenger and supersedes any other agreements, written or oral, relating to the subject matter herein. Any waiver of any provision of must be made in writing and signed by an authorized representative of Live Nation. If any portion of shall be determined to be invalid, then said portion shall be deemed severed from the Contract in such jurisdiction only and all remaining portions shall remain in full force and effect.
Passenger, or if a minor, his parent or guardian, shall be liable to the Released Parties for any fines or penalties imposed on the Released Parties Vessel or the Transport or Carrier by any authorities for his or her failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise.
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