Ticket Contract

This Ticket Contract is a legally binding document that contains important limitations on the rights of Guests to assert claims against Carrier, the Yacht(s), their agents and employees. Please carefully read all terms and conditions of this Ticket Contract, paying special attention to Sections 39, 40, 41, 42 which limit Carrier’s liability and Guests’ rights to sue.

 

1. Introduction

This Ticket Contract (also referred to as the “Contract”) represents the entire agreement between Guest and Carrier and shall supersede and exclude any written or oral representations or agreements made by anyone relating to the subject matter of the Contract. Guest’s purchase, acceptance, or use of the Ticket Contract constitutes Guests’ agreement, on their own behalf and on behalf of all individuals on the Booking Confirmation, to be bound by the terms and conditions herein, irrespective of whether the Contract is signed by any such person. Guest represents and warrants that he or she is duly authorized by and on behalf of all Guests (including any accompanying Minor) named on the Booking Confirmation to agree to and bind all such Guests to the terms and conditions of the Ticket Contract, Booking Terms and Conditions, and Guest Code of Conduct. Guests shall comply with all rules and policies applicable to pre-embarkation, onboard activities, and any ancillary services.

 

In the event of any conflict between published information available on Carrier’s website and the Ticket Contract, the terms of the Ticket Contract shall prevail. The Booking Terms and Conditions and the Ticket Contract provided to Guests with the initial Booking Confirmation govern a Guest’s Booking.

 

 

2. Definitions

Capitalized terms used in this Ticket Contract, shall have the meaning set forth below:

“Administrative Fee” means a charge of €1,000 EUR, £1,000 GBP or $1,000 USD per suite, applied in the same currency as the original Booking, to Bookings cancelled up to one hundred and fifty-one (151) days prior to the Voyage Sailing Day, to cover Carrier’s associated administrative and processing costs. The Administrative Fee is non-refundable but may be applied towards a new Booking made within twelve (12) months of the cancellation date. The Administrative Fee may only be applied to one (1) new Booking and is not commissionable. The Administrative Fee will be forfeited if not applied to a new Booking within twelve (12) months of the cancellation date or if the new Booking for which it is applied is subsequently cancelled.

 

“Baggage” includes but is not limited to, the luggage, bag(s) or suitcases in or by which Guest transports Property.

“Booking” means the steps taken by Guest or their Travel Advisor to enter into a contract with Carrier relating to the relevant Voyage, which is evidenced by the issuance of a Booking Confirmation sent by Carrier.

“Booking Confirmation” refers to the document provided to Guest or their Travel Advisor, after (i) a Booking has been created, (ii) upon Carrier’s receipt of deposit, (iii) upon Carrier’s receipt of final payment and (iv) if a modification to a Booking occurs, to reflect the change. Upon request, Carrier can also provide Guest or Guest’s Travel Advisor a Booking Confirmation at any time.

“Booking Terms and Conditions” means the Booking Terms and Conditions, amended from time to time, together with the information published on Carrier’s Website and any other materials expressly incorporated by reference, including the Ticket Contract, which collectively form the express terms of Guest’s contract with Carrier.

“Cabotage” refers to the carriage of passengers within a country by a foreign-flagged vessel. Foreign vessels are generally forbidden to carry a country’s nationals only within its borders, without calling at a foreign port.

“Captain” means the Captain of the Yacht or any person who acts under his/her authority.

“Carrier” means the Yacht and Positive Ocean OpCo Ltd. trading as Aman at Sea, with address at Vault 14, Mezzanine Level, Valletta Waterfront, Floriana, FRN 1914 Malta. Positive Ocean OpCo Ltd. operates under a license from Aman Group S.à.r.l (“Aman”).

“Carrier Entities” or, individually, a “Carrier Entity”, means Carrier and their respective owners, charterer(s), parents, subsidiaries, affiliates, principals, agents, shareholders, investors, board members, officers, directors, licensors, joint venturers and all employees, officers, crew members, pilots, and agents of such individuals, companies, and entities..

“Disembarkation Day” is the day when Guests leave the Yacht and end their Voyage. Return flights after the completion of the Voyage should be scheduled to depart at least four (4) hours after disembarking the Yacht.

“Embarkation Day” means the first day of the Voyage, when Guests arrive at the terminal to board the Yacht. To meet government regulations, Carrier requires Guests to arrive at the port terminal no later than three (3) hours prior to the Yacht departure time. Guests arriving after the boarding cut-off time will be denied boarding without Refund or compensation.

“Final Payment Date” means one hundred and fifty (150) days prior to the Voyage Sailing Date.

“Guest” or “Guests” refers to a passenger on the Yacht and includes every person named on the Booking Confirmation.

“Minor” means any child under the age of eighteen (18), however, this age classification may differ from port to port due to local laws. It is the responsibility of the Responsible Adult to determine the specific requirements per scheduled port.

“Property” means such belongings, effects and possessions, including Baggage, which Guest may bring aboard the Yacht and/ or which is acquired during the Voyage, irrespective of whether such belongings, effects and possessions is placed in Guest’s suite or worn by Guest, or stored in the Yacht’s baggage room, holds, or safes at the request of Guest.

“Package Travel Regulations, 2018, As Amended” refers to the Legal Notice 94 of 2018 titled “Package Travel and Linked Travel Arrangements Regulations, 2018” issued under the Malta Travel and Tourism Services Act, Chap. 409 of the Laws of Malta and implementing Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (ED) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.

“Refund” means the return of all or a portion of the Voyage Fare, including any applicable taxes and fees, as determined in accordance with these Terms and any additional cancellation policy as determined by Carrier.

“Responsible Adult” means a Guest who is the parent or guardian of a Minor, any adult who is authorized by the parent or guardian to have the care, custody, and control of such parent or guardian’s Minor, or the guardian or other legal representative of a person that is not legally competent to contract. If a Responsible Adult enters into this Ticket Contract, the Responsible Adult does so on their own behalf and on behalf of such Responsible Adult’s Minor.

“Sailing Date” means Embarkation Day of the applicable Voyage.

“SDR” means Special Drawing Rights, a currency of the International Monetary Fund.

“Shipping Incident” means a shipwreck, capsizing, collision or stranding of the Yacht, explosion or fire in the Yacht, or a defect in the Yacht, which shall mean any malfunction, failure or non-compliance with applicable safety regulations in respect of any part of the Yacht or its equipment when used for the escape, evacuation, embarkation and disembarkation of Guests, or when used for the propulsion, steering, safe navigation, mooring, anchoring, arriving at or leaving berth or anchorage, or damage control after flooding; or when used for the launching of life saving appliances. Shipping incidents to not include acts of war, hostilities, civil war, insurrection, natural disasters, or intentional acts or omissions of third parties.

“Shore Experiences” means tours and activities that occur in port that are not a part of the Voyage Fare and are offered for sale by Carrier. Shore Experiences are operated by independent third parties and are not operated or under the direction and control of Carrier.

“Spa” means the area designated as the Aman Spa onboard the Yacht.

“Suppliers” includes suppliers of goods and services, and includes but is not limited to, caterers, concessionaires, physicians and medical personnel, all Shore Experience tour operators, independent contractors, as well as designers, installers, and manufacturers of the Yacht or any component parts or tenders thereof, and all of their respective agents, servants and employees.

“Travel Advisor” means any individual or entity, including a travel agent, tour operator, or other professional intermediary, who facilitates, arranges, or books travel or related services on behalf of a Guest.

“Travel Protection” is optional travel insurance plan offered by Carrier to United States residents, which is available for purchase from the time of Booking up and until Final Payment Date. Travel Protection becomes effective when Carrier receives full payment of the cost of the travel insurance plan, in addition to any required Voyage Fare deposits or payments due, depending on when the Travel Protection is purchased by Guest.

“Travel Documents” means a valid passport, all visas and other documentation required for embarkation and disembarkation at all ports of call during the Voyage. Travel Documents are the sole responsibility of Guest to obtain and produce.

“Yacht” or “Vessel” includes the Yacht named in the Ticket or any vessel substituted for the one named in the Ticket, and its tenders, rigid inflatable boats, marina equipment or any other means of conveyance owned, operated, or managed by Carrier in whole or in part.

“Voyage” means the specific itinerary covered by the Ticket Contract and shall include those periods during which Guest is embarking or disembarking the Yacht and all periods in between, including while the Yacht is in port and Guest is ashore.

“Voyage Fare” means the amount paid for the full cost of the Voyage, excluding any add-on services or experiences purchased by Guest. The Voyage Fare is deemed to be earned when paid and non-refundable unless otherwise expressly stated in the cancellation provisions in this Ticket Contract. The Voyage Fare is subject to the cancellation provisions of the Booking Terms and Conditions.

“Website” means www.amanatsea.com and related web pages, documents, and hyperlinks served from the domain.

“Wellness Program” means the fitness center, fitness programs and offerings, and includes the Spa, its offerings and services.

 

 

3. Booking Terms and Conditions

Guest acknowledges and agrees that the Booking Terms and Conditions are hereby incorporated by reference into this Ticket Contract. In the event of a conflict between the provisions of this Ticket Contract and any provision of the Booking Terms and Conditions, the provisions of this Ticket Contract shall govern and control. Guest acknowledges and agrees that Guest has read and understands the terms and conditions set forth in the Booking Terms and Conditions, and that the Booking Terms and Conditions contain important information, including, but not limited to, information related to cancellations and Refunds.

 

 

4. Contract and Final Payment

Every Voyage is subject to availability at the time of Booking. No Contract shall be made until the deposit is paid and Guest receives a Booking Confirmation, or, if the Booking was made at a time when the full Voyage Fare is due, immediately upon full payment of the Voyage Fare to Carrier and evidenced by receipt of the Booking Confirmation provided to Guest.

 

 

5. Currency and Onboard Payments

Any and all payments by Guest to Carrier shall be made in United States Dollar (USD), Euros (EUR), or Great Britain Pound Sterling (GBP). Once payment has been applied to a Booking, the currency of that Booking cannot be changed. All charges for services and products provided onboard the Yacht must be settled in Unite States Dollar (USD) by an acceptable credit card (American Express, MasterCard, and Visa) before Guest’s final disembarkation from the Yacht. Cash will not be accepted onboard. Guests may be subject to additional fees or charges in line with the terms and conditions of their credit card provider and should check with their credit card provider before making any payment. Any other expenses incurred by Guest or by Carrier on behalf of Guest shall be payable by Guest immediately.

 

 

6. Voyage Fare

Published Voyage Fares are per suite except otherwise indicated.

Voyage Fare includes suite accommodations, in-suite breakfast, on-demand suite host, unpacking and packing assistance, daily laundry and pressing, twice daily housekeeping, Alira (the onboard Mediterranean Restaurant), light bites, Gelato Bar, non-alcoholic beverages plus beer, Fitness Studio access, Marina platform and water sports, pools, sun loungers and cabanas, onboard entertainment and enriching programming, Cinema, Youth Lounge, Starlink® Wi-Fi, welcome and disembarkation rituals, and gratuities for the crew. Gratuities are included in the Voyage Fare and will not be added to Guest’s onboarding account.

 

Unless otherwise stated, Voyage Fare does not include in-suite dining beyond breakfast, alcoholic beverages except beer, corkage fees, dinners at onboard specialty restaurants (Aman Grill, Akari, and Hiori), Aman Spa treatments, retail purchases, optional Shore Experiences, Pre-and Post-Voyage Hotel and Transfers, Travel Insurance, Airfare, Travel Visas as required by independent countries, baggage delivery services, credit card fees, fees or charges imposed by governmental or quasi-governmental authorities, onboard or on shore purchases, or meals ashore, private reserve list purchases, visa fees, or any item or service whatsoever of a personal nature, such as boutique purchases, medical charges incurred onboard or ashore in connection with medical treatment, medical conditions or medical disembarkation.

 

 

7. Required Guest Information by Final Payment Date

In accordance with all applicable laws and regulations, Guests are required to provide Carrier mandatory personal information, which includes an emergency contact and valid passport details by Final Payment Date. Carrier will use this information to process Travel Documents, ensure regulatory compliance, and enable screening against government-issued sanctions and watchlists. It is the responsibility of Guest to ensure the names listed on the Booking exactly match the names printed in Guest’s passport(s).

 

Failure to provide complete and accurate information may result in the inability to confirm a Booking. Guests may not be permitted to board the Yacht or embark on the Voyage or may be asked to disembark after boarding if complete information has not been provided to Carrier. Carrier shall have no liability for any Refund, payment, compensation, or credit of any kind if a Guest is disembarked or denied boarding due to incomplete Guest information.

 

If Carrier is unable to reach an emergency contact for any reason, including Guest’s failure to provide accurate contact information, Carrier shall not be liable for any damages, losses, costs, expenses, or other claims, including without limitation claims for emotional distress.

 

 

8. Travel Documentation; Medical Requirements; Knowing Acceptance of the Risks

Guests are solely responsible for determining what Travel Documents are necessary for their specific itinerary and are advised to check with their Travel Advisor and with the appropriate government authority to determine the necessary documents and travel eligibility requirements for their Voyage. The first and last names on Guest’s Booking must match Guest’s passport. A valid passport is required for every Voyage regardless of the itinerary. Guests lacking a valid physical copy of their passport at embarkation will be denied boarding and shall be entitled to no Refund or compensation of any kind as a result of such denied boarding.

 

Travel Documentation

On Embarkation Day, Guests must have:

  • A valid Booking Confirmation with first and last names exactly as they appear on Guest’s passport(s).

  • A physical passport valid for at least six (6) months beyond Disembarkation Day, with at least four blank pages. On longer Voyages, additional blank pages may be required.

  • All necessary visas, health certificates, and Travel Documents have been properly obtained.

  • Completed all required pre-embarkation documentation as instructed by Carrier.

  • All required medical inoculations.

Passports may be retained by the Yacht’s staff at embarkation and withheld for the Voyage duration, to present to the various port authorities. If retained, passports will be made available to Guests when required by the local government authorities to go ashore.

 

Carrier shall not in any circumstances be liable for the consequence of any insufficiency or irregularity in Guest’s Travel Documents or the failure of Guest to have the appropriate Travel Documents. Carrier shall have no liability for any loss, cost, delay, denial of boarding or disembarkation, penalties or fines arising out of or related to Guest’s failure to obtain, maintain or comply with any legal requirements that pertain to Travel Documents, regardless of whether Carrier has provided information or advice to Guest regarding such laws or requirements.

 

Carrier reserves the right to deny boarding or cancel Bookings for Guests who are legally ineligible to travel, and Guests shall not be entitled to Refunds or compensation of any kind as a result. Guest has a duty to follow the instructions and orders of the Captain and crew while onboard the Yacht. Carrier Entities disclaim liability for any consequences arising from non-compliance with this Section 8.

 

Medical Requirements

On Embarkation Day, Guest represents and warrants that Guest has received all medical inoculations necessary for the Voyage and that Guest will comply with the Yacht’s rules, regulations, orders, and the directions of the Captain and onboard medical personnel. Guest also agrees that his or her conduct will not inconvenience or impair the safety of other Guests, crew, or the Yacht. Prior to Embarkation Day, Guests with medical conditions understand and acknowledge that they should seek advice from their physician(s) regarding their ability to physically or mentally participate in the Voyage.

 

Guest Indemnification

Guest shall indemnify Carrier Entities for all penalties, fines, charges, losses and expenses imposed upon or incurred by Carrier Entities due to Guest’s failure to have proper Travel Documentation or otherwise comply with applicable laws or regulations. Under these circumstances Guest shall not be entitled to any Refund or compensation from Carrier.

 

 

9. Travel Sanctions and Regulations; Eligibility to Travel

All Guests, including every individual named on the Booking, agree to comply fully with all applicable sanctions laws and regulations enforced by the United States Department of the Treasury Office of Foreign Assets Control (“OFAC”), the European Union restrictive measures, and other relevant sanctions and trade control authorities worldwide.

 

Guests acknowledge that Carrier conducts mandatory screening against international sanctions and watchlists to ensure compliance with applicable laws, including those enforced by OFAC, European Union, and the U.K. Carrier reserves the right to cancel, suspend, or deny Bookings or deny boarding if a Guest is found to be in violation of these requirements, even if a Guest has paid in full, and no Refund, compensation, or damages will be provided.

 

 

10. Non-transferability

The Booking Confirmation and Ticket Contract are issued exclusively for the individual(s) whose name appears on it and applies solely to the Voyage departing on the specified Sailing Date. Only the named Guest or Guests may embark and participate in the Voyage. The Booking may not be sold, assigned, gifted or otherwise transferred to any other person unless otherwise specified herein. These Terms are binding upon, and inure to the benefit of, Guest and the Guest’s spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. By accepting the Booking, Guest confirms that they are fully authorized to accept and agree to these Terms, the Ticket Contract, and any additional terms and conditions Carrier provides on behalf of all Guests listed on the Booking Confirmation, including any accompanying Minor, and that such acceptance shall be binding upon all such Guests.

 

Where the Package Travel Regulations, 2018, As Amended are applicable

Assignment or transfer requests must be received by Carrier with reasonable notice prior to the Sailing Date. Any assignment or transfer request received at least seven (7) days before the Sailing Date will be deemed to constitute reasonable notice. Any assignment or transfer request received fewer than seven (7) days before the Sailing Date may be refused. Assignment or transfer requests are subject to Carrier’s confirmation and acceptance in writing and may be subject to fees.

 

 

11. Name Changes

Guests may request a name change on their Booking without canceling or rebooking, provided that at least one of the original Guests remains on the Booking. This new Guest will be subject to mandatory sanctions and security screening in accordance with applicable international laws and regulations, and Carrier reserves the right to deny any name change request if the new Guest is determined to be ineligible.

 

If all original Guests are replaced by new Guests, such a change shall be deemed a complete name change and shall be treated as a cancellation of the original Booking and subject to cancellation fees. In such cases, the new Guests must make a new Booking at the prevailing rates available at the time of the new Booking.

 

Name change requests will not be permitted within seven (7) days prior to the Voyage Sailing Date. All name changes are subject to Carrier’s confirmation and acceptance in writing. Guest acknowledges that name changes may not always be possible and may be subject to fees, at Carrier’s sole discretion.

 

Where the Package Travel Regulations, 2018, As Amended is applicable:

Guests may request a name change on their Booking without canceling or rebooking. This new Guest will be subject to mandatory sanctions and security screening in accordance with applicable international laws and regulations, and Carrier reserves the right to deny any name change request if the new Guest is determined to be ineligible.

 

Name change requests must be received by Carrier with reasonable notice prior to the Sailing Date. Any name change request received at least seven (7) days before the Sailing Date will be deemed to constitute reasonable notice. Any name change request received fewer than seven (7) days before the Sailing Date may be refused. Name change requests are subject to Carrier’s confirmation and acceptance in writing and may be subject to fees.

 

 

12. Cancellations by Guests

GUEST IS NOT ENTITLED TO ANY REFUND, PAYMENT OR COMPENSATION OF ANY KIND OR CREDIT FOR CANCELLATION EXCEPT AS PROVIDED IN THIS SECTION 12 OR AS OTHERWISE PROVIDED BY LAW.

 

All cancellations must be made by contacting Carrier’s Yacht Concierge Department by phone or in writing, Cancellation penalties may apply when Booking is cancelled and may apply to all travel products and/or services purchased. Cancellation charges may be imposed regardless of resale of the Voyage.

 

Rebooking

Guests may cancel and rebook their Booking outside of the applicable cancellation penalty period for a Refund. Guests who cancel their Booking up to one hundred and fifty-one (151) days prior to the Sailing Date will be charged an Administrative Fee. Requests from Guests to change their Sailing Date will be treated as a cancellation. If Guests cancel and rebook a new Voyage or complete an itinerary substitution on the same day, the Administrative Fee will be waived. The Administrative Fee is non-refundable but may be applied towards a new Booking made within twelve (12) months of the cancellation date. The Administrative Fee may only be applied to one (1) new Booking and is not commissionable. The Administrative Fee will be forfeited if not applied to a new Booking within twelve (12) months of the cancellation date or if the new Booking is subsequently cancelled.

 

Cancellation Schedule

Guest hereby agrees that losses sustained by Carrier in the event of cancellation would be very difficult or impossible to quantify, and that the fees set forth below represent a fair and reasonable assessment as liquidated damages and not as a penalty. For cancellations, any amounts paid by Guest less applicable fees will be refunded as set forth herein. No Refunds will be made in the event of cancellation or curtailment by Guest after the Sailing Date, for unused tickets, partially used tickets or late cancellation as set forth below. All Refunds will be made to the individual or entity who made the original payment and in the same form of payment in which payment was originally received.

 

Carrier is not responsible to Guest for the receipt of monies refunded by Carrier directly to Travel Advisors. Carrier will not be responsible if Travel Advisors charge any agency cancellation fees. Carrier reserves the right to restrict changes to a Booking once a deposit has been received. All requested changes are at Carrier’s sole discretion and subject to availability.

 

TIMELINEPENALTY AMOUNT
Up to 151 days before departure$1,000 USD (€1,000 EUR or £1,000 GBP) per suite Administrative Fee*
150 to 121 days before departure15% of Voyage Fare
120 to 91 days before departure25% of Voyage Fare
90 to 61 days before departure50% of Voyage Fare
60 to 31 days before departure75% of Voyage Fare
30 days or less before departure100% of Voyage Fare

Example:

If the cancellation fee is 50% of the total Voyage Fare of $70,000, the penalty amount is $35,000.

 

13. Cancellation of Ancillary Services

Each ancillary service provided by Carrier, including but not limited to services at the Aman Spa, Shore Experiences, private transfers, and other bespoke arrangements, shall be subject to its own specific cancellation policy. Guests acknowledge and agree that these individual policies may vary depending on the nature of the service or experience booked. The applicable cancellation terms will be communicated at the time of Booking or confirmation of each service, and such cancellation terms shall prevail over any general cancellation provisions contained in the Ticket Contract.

 

14. Travel Insurance

Guests acknowledge that travel insurance is not included in the Voyage Fare. Carrier highly recommends that Guest purchases their own travel insurance and/or Travel Protection against loss or damage to Property, trip cancellation, travel delay, emergency evacuations, accidental death or injury, and illness or medical expenses sustained or incurred in connection with the Voyage.

 

Medical Insurance

Guests acknowledge that their personal health insurance may not provide coverage for medical treatment received onboard or during the Voyage, and that any such expenses may not be reimbursable by Guests’ insurer. Carrier strongly recommends that all Guests obtain comprehensive travel insurance prior to embarkation, including coverage for medical care and evacuation, to help protect against unforeseen costs.

 

15. Travel Advisors

Guest’s Travel Advisor acts as Guest’s agent and is not an agent of Carrier. Guest’s Travel Advisor has the authority to bind Guest to these Terms and in making the arrangements for Guest’s Voyage, including any related ancillary services. Guest acknowledges that Carrier is not responsible for any representation made by, or conduct of Guest’s Travel Advisor nor the financial condition, integrity, conduct or any actions of any such Travel Advisor. Any Refund made by Carrier to a Travel Advisor on behalf of Guest shall also be deemed payment to Guest, regardless of whether the monies are delivered by the Travel Advisor to Guest. Carrier is not liable for a Travel Advisor’s failure to remit Guest’s deposit or other monies to Carrier, for which Guest shall at all times remain liable, or any failure to remit a Refund from Carrier to Guest. Receipt by Guest’s Travel Advisor of the Booking Terms and Conditions, the Ticket Contract or any other communications, notices or information from Carrier shall constitute receipt of such materials by Guest.

 

16. Transfers

All arrangements made for or by Guest for transportation before, during or after the Voyage of any kind whatsoever, as well as air arrangements, Shore Experiences, tours, hotels, specialty restaurants, or attractions ashore and other similar activities or services, including all related conveyances, products, or facilities, are made solely for Guest’s convenience and are not a part of the Voyage Fare.

 

17. Embarkation Time

To meet government regulations, Carrier requires Guests to arrive at the port terminal no later than three (3) hours prior to the Yacht departure time. Guests arriving after the boarding cut-off time will be denied boarding without Refund or compensation.

 

18. Property, Baggage and Prohibited Items; Limitations of Liability

Guests are permitted to bring a reasonable amount of Baggage onboard the Voyage. All Baggage must be securely packed and clearly labeled with Guest’s full name, the name of the Yacht, and the suite number(s) of Guest and the Sailing Date. Once onboard, Baggage must be stored within Guest’s cabin. All other areas onboard the Yacht are deemed public spaces. Guests are responsible for their property in public areas, whether onboard the Yacht or elsewhere. Property lost while unattended in public spaces or Baggage not properly labeled are not the responsibility of Carrier and are not reimbursable. Subject to applicable laws, commercial goods may need to be declared and may be subject to additional fees or customs duties.

 

Prohibited Items and Indemnity

Guests may not possess firearms, explosives, flammable materials, or other hazardous goods onboard the Yacht or in connection with any Shore Experience. This also includes controlled or prohibited substances, or any other item prohibited by applicable law or at the discretion of Carrier if deemed detrimental to the safety or comfort of any person. Such goods shall be surrendered to the Captain at embarkation, and may be confiscated, destroyed, or surrendered to authorities in Carrier’s sole discretion. Guests shall have no claim for loss, damages, or inconvenience thereby incurred.

 

Prohibited items include, without limitation:

  • Fire or heat hazards: Items capable of producing heat or flames, including but not limited to clothing irons, steamers, hotplates, candles and incense.

  • Illegal drugs and controlled substances: All illegal drugs, including synthetic or designer drugs, marijuana, cannabis and cannabis-derived products (including cannabidiol/CBD), regardless of local legality. Possession of such substances may result in confiscation, removal from the Yacht and referral to local authorities.

  • Weapons and explosives: Firearms, knives, explosives or any items capable of causing harm to persons or property. Such items may be confiscated and further action taken as deemed necessary.

  • Drones: The operation or possession of drones onboard the Yacht is strictly prohibited.

Carrier reserves the right, in its sole discretion, to refuse boarding or remove any Guest found in possession of prohibited items and to take such measures as may be necessary to ensure the safety and security of the Yacht, Guests and crew.

 

GUEST FURTHER REPRESENTS AND WARRANTS THAT THEY HAVE NOT CARRIED ONTO THE YACHT ANY GOODS FOR PURPOSES OF TRADE OR COMMERCE, CONTRABAND, OR GOODS THAT MAY VIOLATE THE CUSTOMS LAWS OF THE COUNTRY FROM WHICH THE YACHT EMBARKS, DISEMBARKS, OR ANY OTHER PORT VISITED. GUEST AGREES TO INDEMNIFY CARRIER ENTITIES FOR ANY FINES, DUTIES, TAXES, OR OTHER PENALTIES INCURRED AS A RESULT OF ANY ITEM BROUGHT ONBOARD BY GUEST.

 

Carrier Liability and Valuables

Carrier Entities assume no responsibility for any loss of or damage to Guest’s Property, including Guests’ perishables, medicines, valuables (including jewelry, art, and precious metal items), financial instruments, and electronic equipment. Guest represents and warrants that no such items will be presented to Carrier within any Baggage, and hereby release Carrier Entities from any liability for loss or damage when presented in breach of this warranty. Use of the Yacht’s safe is not a deposit with the Yacht. In-suite personal safes are for convenience only; Carrier makes no warranties regarding their security or the contents placed therein. Carrier Entities’ maximum liability for safekeeping of valuables or use of in-suite safes is as set forth in Section 18. In no event shall any Carrier Entity, other than Carrier, have any liability with respect to Carrier’s safekeeping of valuables or Guests’ use of an in-suite safe.

 

Declaration of High-Value Property

CARRIER IS NOT LIABLE FOR LOSS OR DAMAGE TO ANY PROPERTY UNLESS DEPOSITED WITH THE YACHT’S PURSER FOR SAFEKEEPING OR OTHERWISE AS SET OUT IN THIS TICKET CONTRACT. GUESTS MUST PAY TO CARRIER A SUM EQUAL TO 5% OF THE DECLARED VALUE OF SUCH PROPERTY TO DEPOSIT SUCH PROPERTY WITH CARRIER FOR SAFEKEEPING. CARRIER’S LIABILITY FOR ANY LOSS OF OR DAMAGE TO PROPERTY OF SUCH GUEST DEPOSITED WITH THE YACHT’S PURSER SHALL BE LIMITED TO THE LESSER OF (I) THE ACTUAL CASH VALUE OF SUCH PROPERTY, (II) THE VALUE DECLARED IN THE MANNER ABOVE, AND (III) THE LIMITS SET OUT IN THE ATHENS CONVENTION 1974 (AS AMENDED BY THE ATHENS PROTOCOL OF 2002 (THE “ATHENS CONVENTION”)) OR EUROPEAN UNION REGULATION 392/2009, AS APPLICABLE, SET FORTH BELOW. IN NO EVENT SHALL ANY CARRIER ENTITY, OTHER THAN CARRIER, HAVE ANY LIABILITY WITH RESPECT TO LOSS OF OR DAMAGE TO PROPERTY OF ANY GUEST.

 

Liability Limits

Under the Athens Convention and EU Regulation 392/2009, Carrier’s delivery of Baggage is presumed completed unless written notice is given to Carrier: (i) for cabin luggage, before or at disembarkation; (ii) for all other Baggage, before or at delivery; or (iii) within 15 days after disembarkation for latent damage. Liability for loss or damage shall not exceed: (i) 2,250 SDR per Guest for Cabin Luggage, (ii) 3,375 SDR per Guest for all other Baggage. Carrier Entities shall not be liable for any loss or damage except as set forth in this Section 18 or if caused directly by the negligence of Carrier or Carrier personnel acting in the scope of their employment. Guests and Carrier may only agree to higher liability limits in writing prior to the Sailing Date. Where Carrier Entities have any legal liability for loss of or damage to Property otherwise than in accordance with the Athens Convention, EU Regulation 392/2009 or any other applicable law or convention, then its liability for such Property shall not at any time exceed the limits set out in this Section 18.

 

Third-Party Transport

Carrier Entities are not responsible for Baggage while Guests travel onboard any third-party airline, rail or bus carrier, taxi, livery, or ride-hailing service, even if Carrier assisted in booking or calling such service. Guests are solely responsible for any Baggage-related charges imposed by third parties.

 

Loss, Unclaimed Baggage and Lien

Guests must promptly report any loss or damage to Baggage during embarkation or disembarkation to Carrier personnel prior to leaving the customs area on Disembarkation Day. Carrier is not responsible for any such loss or damage which is not so reported. Carrier is not responsible for loss or damage occurring elsewhere, including with air, car, motor coach, ground transfers, porters, stevedores, and/or hotels or on Shore Experiences. Guests must claim and remove Baggage and other Property upon arrival at the port of disembarkation. Unclaimed Baggage will be stored at Guest’s expense. Guest shall be responsible for any cost incurred by Carrier in returning any lost Property to Guest. Losses due to ordinary wear and tear, perils of the sea, acts of God, or any other event of Force Majeure are not reimbursable.

 

19. Cancellations, Substiutions or Changes to the Voyage Itinerary; Guest Suite Assignments or Ports-of-Call

Guest hereby agrees to the following in consideration for being permitted to book and sail on Carrier’s Yacht.

 

Cancellation, Substitution or Change of Itinerary

Carrier Entities reserve the right to, for any reason, without prior notice and without incurring any liability to Guest, cancel the Voyage; substitute the Yacht; deviate from the scheduled ports of call; re-route and/or change timetables for any reasons, including lack of pilots or tugs, availability of medical personnel, or delays caused by loading and discharging fuel, laborers, Guests, or crew; call or omit to call at any port or place or cancel or modify any activity on or off the Yacht, including suite assignments; comply with all governmental laws and orders; or render assistance to preserve life and property. Any changes to the scheduled itinerary are made without liability to Carrier Entities and with no obligation to give Guest a Refund. Furthermore, the Captain of the Yacht as well as the operator of any other means of transportation may, in their sole discretion, take any action deemed necessary for the safety, security, comfort, or well-being of any person or to prevent damage to or loss of the Yacht. It is not advisable for Guests to make any important arrangements or meetings based on the scheduled itinerary as it is subject to change.

 

Where a scheduled itinerary is modified by Carrier, Guest shall have no claim against Carrier Entities, and Carrier Entities shall not be liable for damages or a Refund, or for any portion thereof, or other payment, compensation or credit of any kind; nor for hotel or meal charges, travel expenses or other loss, delay, inconvenience, or expense whatsoever; this extends, without limitation, to: inclement weather; health, medical or environmental considerations; labor, political or social disturbances or unrest; operational, commercial or safety reasons; or if it was based on a good faith belief by Carrier or the Captain of the Yacht that the Voyage or any portion thereof might endanger the Yacht or expose any person or property to loss, injury, damage or delay. Whenever the performance of the Voyage is hindered or prevented by any cause or circumstance whatsoever, the Voyage may be terminated, with no further liability of Carrier for Refund, payment, compensation, or credit of any kind. Under no circumstances shall Carrier be, or become, liable for consequential or other damages of any kind sustained by any Guest.

 

Where the Package Travel Regulations, 2018, As Amended is applicable:

If, as a result of a change contemplated in this Section 19, Guest feels that the Voyage does not conform to this Ticket Contract in any material respect, Guest shall inform Carrier without undue delay during the Voyage and shall, where applicable, be entitled to the remedies available under Regulation 12 and 13 of the Package Travel Regulations, 2018, As Amended.

 

In particular, and without prejudice to the other provisions of the above-mentioned Regulation 12 and 13, Carrier shall seek to remedy the lack of conformity unless it is either: (i) impossible to remedy the lack of conformity; or (ii) it entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. If Carrier fails to remedy the lack of conformity, Guest may claim a price reduction and/ or compensation unless the lack of conformity is attributable to: (i) Guest; (ii) a third party unconnected with the Voyage and is unforeseeable and unavoidable; or (iii) unavoidable and extraordinary circumstances including Force Majeure.

 

Where it is not possible to ensure Guest’s return in accordance with Voyage itinerary as a result of unavoidable and extraordinary circumstances, or where Guest is otherwise in difficulty, Carrier will give appropriate assistance without undue delay, in particular by providing appropriate information on health services, local authorities and consular assistance, and assisting with communications and helping Guest find alternative travel arrangements. Provided that, where Guest is in difficulty as a result of his/her fault or negligence, Carrier shall be entitled to reimbursement of all costs incurred in providing such assistance.

 

Where the Passenger Rights Regulation (No. 1177/2010) is applicable:

If the Yacht’s departure from the port of embarkation is cancelled or delayed, Carrier shall inform Guests no later than thirty minutes after the scheduled departure time of the cancellation or delay and of the estimated departure time as soon as possible thereafter. For delays exceeding ninety minutes, Carrier shall provide meals and refreshments free of charge, proportionate to the waiting time and the number of passengers.

 

If an overnight stay becomes necessary, Carrier shall provide suitable accommodation onboard the Yacht or, if unavailable, suitable accommodation ashore, transport to and from the port closest to these accommodations, and meals proportionate to the time spent. In this event, Carrier shall not be obliged to pay an amount exceeding EUR 80 per passenger per night for accommodation and transport for the first three nights.

 

20. Right to Decline or Cancel Bookings; Restrict Guest Movement On Board or Require Disembarkation; Assumption of Risk

Carrier reserves the right, in accordance with applicable law, to decline a Booking, refuse passage, or cancel an existing Booking for any Guest. If a Booking is refused or cancelled for reasons other than Force Majeure or Guest refusal or inability to comply with this Ticket Contract or Carrier’s policies, Guest will be refunded any Voyage Fare payments already made, less any applicable fees or administrative charges. Except as provided in this Section 20 or as required by law, Carrier Entities shall have no further liability to Guest.

 

Carrier Entities may, at their sole discretion and without liability for Refunds, compensation, or credit, take any actions they consider necessary concerning a Guest during the Voyage. These actions may include denying boarding, or confining, quarantining, restraining, relocating or disembarking a Guest. Such actions may be taken if, in the judgment of Carrier, Captain, or a qualified medical professional, Guest is medically or otherwise unfit to travel; Guest may be refused entry at a port by immigration or governmental authorities; or the conduct or presence of Guest, or any Minor or individual in Guest’s care, poses a risk to the safety, health, comfort, or enjoyment of others onboard, or to the safety of the Yacht and its crew. The Captain has the sole discretion to make decisions in these matters to protect the Yacht and those onboard.

 

If a Guest is refused boarding, disembarked, or voluntarily leaves the Yacht prior to the end of the Voyage for reasons stated above or for personal, medical, or business reasons, Carrier Entities are not obligated to provide any Refund, compensation, or credit for the Voyage Fare, nor are they responsible for any expenses incurred by Guest, including medical, travel, or repatriation costs, except as required by applicable law. Guests are responsible for any fines, fees, or damages associated with joining the Yacht mid-Voyage or departing prior to the scheduled end of the Voyage.

 

Guest shall pay any and all expenses incurred if Guest is detained onboard the Vessel or elsewhere at any stage of a Voyage due to quarantine, port regulations, prevailing applicable law, illegal activity, illness or public health outbreak such as detection of COVID-19 onboard.

 

If a Guest remains onboard beyond the scheduled port of disembarkation through no fault of Carrier, Guest shall pay Carrier an additional fare for each night onboard the Yacht beyond the originally scheduled Disembarkation Day. Except in cases involving communicable disease, Guests shall not be entitled to any credit, compensation, Refund, or damages for situations described in this Section 20.

 

21. Safety and Security

Guests must ultimately assume responsibility for their decision to travel. The U.S. Department of State and other government agencies regularly issue advisories and warnings to travelers giving details of local conditions in specified cities and countries according to such agencies’ perceptions of risks to travelers. Carrier recommends that Guests and their Travel Advisors obtain and consider such information when making travel decisions. Carrier Entities shall not be liable for any loss, injury, delay, or inconvenience arising from Guest’s failure to heed or act upon travel advisories or warnings issued by the U.S. Department of State or any other governmental authority or agency.

 

Guest, in the interests of international security and safety at sea and in the interests of the convenience of others, agrees and hereby consents to a reasonable search being made of Guest’s person, Property and suite, and to the removal and confiscation or destruction of any object which may, in the opinion of Carrier or the Captain, impair safety, cause danger, inconvenience, annoyance, or nuisance to others, or violate Carrier’s Guest Code of Conduct or this Contract.

 

 

22. Health and Wellness; Pregnancy; Fitness to Travel; Risk Acknowledgement and Carrier’s Limitation of Liability

Guests expressly agree to comply at all times with Carrier’s health protocols, as set forth herein and on Carrier’s Website, including pre-embarkation, while onboard, during Shore Experiences, while ashore, and on Disembarkation Day. Guests acknowledge that these protocols, including Carrier’s COVID-19 protocols, are subject to change, and in case of any conflict, the health protocols on Carrier’s Website controls.

 

Non-compliance by Guest may result, at Carrier’s sole discretion, in refusal to board or re-board the Yacht, quarantine onboard the Yacht, disembarkation of the Yacht, or reporting to governmental or health authorities. Under such circumstances, Guest shall not be entitled to any Refund or compensation and will be responsible for all related costs and fines. Carrier Entities shall have no liability for any damages or expenses incurred as a result of such actions.

 

Guest represents and warrants that they and all individuals travelling under their supervision are physically and mentally fit to travel, have received all required medical inoculations for the Voyage, and will comply at all times with Carrier, Captain, crew, and medical personnel, regulations, directions, and orders. Guest further agrees that their conduct will not impair the safety of the Yacht or inconvenience other Guests.

 

If Carrier incurs any cost due to Guest’s failure to comply with rules, regulations, directions, orders, or legal requirements, including those related to inoculations, or if Guest must remain onboard, elsewhere, or be repatriated due to injury, illness, or actions of a governmental or health authority, Guest shall reimburse Carrier for all resulting expenses, including food, transportation, accommodation, medical and repatriation services, Baggage shipping, and any fines incurred by Carrier, the Yacht, or the Captain.

 

Guest is encouraged to consult their physician and review guidance from the CDC or other relevant health authorities prior to travel. Carrier’s health protocols are based on guidance from international, national, and regional health authorities.

 

Pregnancy

Pregnant women who will enter the 24th week or more of estimated fetal gestational age at any time (embarkation and disembarkation included) during the Voyage will be ineligible to sail and agree not to book the Voyage. Before the Voyage, Guest and their treating physician should consider that there is no obstetrician/gynecologist available on the Yacht, and that pregnancies are potentially life- threatening, especially without back-up medical treatment and doctors that specialize in such treatment. A Guest may be at sea for several days without any immediate hospital and/or specialist treatment.

 

Carrier cannot be held liable or responsible for any complications relating to pregnancy at any stage during or after the Voyage and Guest understands that the Yacht is not equipped to provide assistance during pregnancy or childbirth. All pregnant women are required to submit to Carrier by the Final Payment Date, and no later than thirty (30) days prior to the Sailing Date, and produce at the time of embarkation, Carrier’s Pregnancy Acknowledgement and Physician Consent Form. This form is to be signed by a medical specialist in gynecology attesting to Guest’s ability to take part in the Voyage. Guest will not be permitted to embark in violation of this policy, and under no circumstances shall Carrier be liable to any such Guest for any costs, damages, or expenses whatsoever incurred by any Guest, and Guest will not be entitled to any Refund in any form whatsoever.
It is Guest’s sole responsibility to provide the Pregnancy Acknowledgment and Physician Consent Form to her physician and to follow up with its timely completion and submittal to Carrier’s Yacht Concierge Department by the Final Payment Date for Guests who are aware they are pregnant at that time, or, for Guests who become aware after the Final Payment Date, as soon as reasonably practicable and in any event no later than thirty (30) days prior to the Sailing Date.

 

Wellness Programs and Aman Spa

Participation in Carrier’s Wellness Program is entirely voluntary and at Guest’s own risk. Guest acknowledges that Spa associates are not healthcare practitioners and cannot diagnose or treat individual medical conditions. Guests are responsible for consulting their physician regarding any medical concerns before participating in any Wellness Program and for informing Spa personnel immediately of any symptoms or conditions that arise during participation. Guests agree to cease participation immediately if any such symptoms occur.
By choosing to participate, Guest represents and warrants that they have no medical condition, impairment, or ailment that would prevent safe participation and understands that the Spa may deny participation at its discretion if it is deemed inadvisable. Guests assume full responsibility for their health and safety while participating in any Spa or fitness program or using any facilities or equipment onboard the Yacht.

 

Guest hereby releases, discharges, indemnifies, and holds harmless Carrier Entities from any and all claims, liabilities, damages, costs, expenses (including reasonable attorney’s fees) arising directly or indirectly from Guest’s participation in any Wellness Program or use of any associated facilities or equipment.

 

Risk Acknowledgement and Liability Waiver

Guests acknowledge that travel aboard the Yacht and other transportation during the Voyage involves inherent risks, including but not limited to marine hazards, weather and rough sea conditions, emergency evacuation, and limited access to medical services, medications, and supplies. These risks are heightened for Guests who are ill or have physical or mental impairments, and access to certain areas of the Yacht, transportation, or facilities ashore may be restricted or impossible. Medical evacuations, whether at sea, by tender, or via itinerary deviations, may increase the risk of harm and may not always be feasible. Carrier, acting in its sole discretion and in good faith, determines if and when an evacuation occurs. Guests further understand and accept that while onboard, in boarding areas, during Shore Experiences, or while traveling to or from the Yacht, they may be exposed to contagious illnesses, including COVID-19, influenza, RSV, colds, and norovirus. Such exposures are beyond Carrier’s control. Guests knowingly assume these risks, including the possibility of serious illness or death. Access to medical care may be limited or delayed, and emergency treatment or evacuation may not be available at all destinations.

 

GUEST KNOWINGLY AND VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS TICKET CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.

 

23. Independent Contractors; Onboard concessionnaires; Third-party Services; Risk Acknowledgement

For Guest convenience, all arrangements made for Guests, including but not limited to transportation (by air, water, or ground), Shore Experiences, hotel accommodations, transfers, specially ticketed events, and concierge services are provided by independent contractors. These providers are not agents, representatives, employees, or affiliates of Carrier Entities, nor are Carrier Entities agents, representatives, employees, or affiliates of these independent contractors. Carrier Entities do not own, operate, supervise, or control any independent contractors or their conveyances, facilities, or services. Carrier makes no representations and warranties, either express or implied, regarding the performance, safety, or suitability of such services, facilities, or activities. All such arrangements are made at Guest’s sole risk, and Carrier Entities disclaim any and all liability for acts or omissions of these independent contractors, including but not limited to negligence, gross negligence, intentional misconduct, or any other act or omission resulting in loss, injury, damage, or death.

 

Onboard Concessionaires

Guest acknowledges and agrees that all onboard concessionaires and their employees are independent contractors and work directly for Guest when performing their services. To the fullest extent permitted by applicable law, Carrier Entities are not responsible for such person’s negligence, acts/ omissions in providing such services to Guest. All concessionaires and independent contractors working onboard the Yacht or providing goods or services to Guests in relation to the Voyage, shall have the full benefit of all provisions in this Ticket Contract relating to the limitation of liability.

 

Onboard concessionaires shall be entitled to charge for any products sold, services rendered, or transportation provided to Guest either directly, or as a convenience to Guest, through Carrier (and Carrier may impose a charge or earn a fee). Separate terms and conditions, rules and/or cancellation policies of the onboard concessionaires will apply for such products, services, and transportation, in addition to Carrier’s rules.

 

Release and Broad Indemnification

By utilizing third-party services or activities, whether onboard or ashore, Guests voluntarily and knowingly assume all risks and agree to fully release, defend, indemnify, and hold harmless Carrier Entities from and against any and all claims, demands, actions, suits, proceedings, damages, liabilities, losses, costs, expenses, penalties, fines, judgments, or settlements, including but not limited to attorneys’ fees and litigation costs, arising from, related to, or in connection with:

  • Personal injury, illness, emotional distress, mental suffering, psychological injury, disability, or death, whether anticipated or unanticipated.

  • Damage to, loss of, or theft of personal property.

  • Acts, omissions, or negligence (ordinary or gross) of any independent contractor or third-party provider.

  • Transportation delays, cancellations, diversions, overbookings, or other interruptions.

  • Equipment failure, accidents, or mechanical issues.

  • Conditions, defects, or maintenance of facilities or conveyances.

  • Force Majeure events, including but not limited to natural disasters, pandemics, acts of terrorism, war, or civil unrest.

  • Any other cause, event, or circumstance beyond the direct control of Carrier Entities.

 

This release and indemnification apply regardless of whether independent contractors or third-party providers use Carrier’s logos, branding, uniforms, signage, or employees for promotional purposes. Nothing in this Ticket Contract creates a relationship of principal and agent, employer and employee, franchisor and franchisee, or joint venture between Carrier and any independent contractor.

 

Assumption of Risk and Disclaimer

By engaging in any services or activities offered by third-party providers, Guests acknowledge and agree that all risks are inherent to such services and activities and expressly waive any and all claims against Carrier Entities. This includes claims arising from any cause whatsoever, whether in contract, tort, strict liability, or otherwise, including but not limited to claims for punitive, exemplary, incidental, or consequential damages. This provision is intended to be as broad and inclusive as permitted by applicable law. In the event any portion of this clause is deemed unenforceable; the remaining portions shall remain in full force and effect. This release, indemnity, and waiver survive the completion, cancellation, or termination of the Voyage.

 

 

24. Shore Experiences; Limitation of Liability

Each Shore Experience has its own cancellation policy, determined by local regulations, Supplier terms, and the nature of the activity. Shore Experiences are subject to changes or cancellation without prior notice to Guests and in accordance with the terms and conditions of Suppliers of such Shore Experiences. Guests must refer to the cancellation policy provided at the time of booking the Shore Experience, as these cancellation policies vary and will govern the Shore Experience.

 

The descriptions of Shore Experiences are correct to the best of Carrier’s knowledge at the time Guest books the Shore Experience. Descriptions, schedules, and excursion lengths are all based on approximate times and pre-determined points of interest. Changes may be unavoidable and can be made at Carrier’s sole discretion or the Suppliers’ sole discretion. Shore Experiences may be canceled or modified by Carrier or Suppliers, without liability to Carrier Entities.

 

Guests are encouraged to discuss the suitability of participating in Shore Experiences with their physician. It is Guest’s responsibility to ensure they are adequately prepared for the Shore Experience, including wearing appropriate attire. Guest acknowledges and agrees that Shore Experiences come with inherent risks, dangers and hazards and personal injury (and sometimes death) can occur. The potential dangers and risks associated with these Shore Experiences may include but are not limited to difficult and dangerous terrain, physical exertion for long periods, unexpected and extreme weather conditions, and evacuation difficulties in the event of injury. Guest agrees to assume and accept all risks of personal injury or death which may occur.

 

Assumption of Risk

By using, participating in, engaging, or booking a Shore Experience, Guest accepts these risks and agrees that Carrier Entities are not liable for any claim by Guest, Guest’s dependents, or legal representatives (except where Carrier has been negligent) for breach of contract or statute or statutory duty resulting in personal injury or death, any direct/indirect or consequential loss or damage including without limitation financial loss (such as loss of profits or use of capital or revenue or otherwise), Property loss, or for any punitive, exemplary, special or incidental loss or damage whether such liability arises in contract, tort, equity, or from its supply of the Shore Experiences. By booking or participating in a Shore Experience, Guest acknowledges, agrees, and understands that Section 24 constitutes a ‘risk warning’ for the purposes of any relevant legislation.

 

Limitation of Liability
All arrangements made for or by Guest, whether before, during, or after the Voyage, for Shore Experiences, activities or services, whether booked by Guest directly or through any Carrier Entities, are made solely for Guest’s convenience and are at Guest’s own risk. All such arrangements may be subject to additional and/ or third-party terms and conditions between the providers of such activities or services (and/or Carrier, if applicable) and Guest. Guests agree to be subject to such third-party terms and conditions including in relation to cancellations, refunds, and right of withdrawal. The providers of such activities and services are independent contractors and are not acting as agents or representatives of any Carrier Entity. Carrier Entities do not supervise or control any activities or services set forth above (even if Carrier Entities collect a fee or earns a profit by arranging or selling such activities or services).

 

Any dispute or claim for injury, illness, or death arising out of participation in a Shore Experience must be brought against the Shore Experience Supplier. However, if such dispute or claim is made against Carrier Entities, it must be brought in accordance with this Ticket Contract. Carrier Entities shall in no event be liable to Guest in respect of any occurrence ashore, prior to leaving or after returning to the Yacht, except for negligence of Carrier or its employees acting within the course and scope of employment during transportation by water to or from the Yacht which is carried out by means of a conveyance provided by Carrier. This exclusion of liability includes incidents occurring during Shore Experiences, or tendering operations not owned, operated, or controlled by Carrier.

 

CARRIER ENTITIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING SUCH ACTIVITIES OR SERVICES (INCLUDING WITH RESPECT TO THE MERCHANTABILITY, SAFETY, OR SUITABILITY OF SUCH ACTIVITIES OR SERVICES). BY USING OR PARTICIPATING IN SUCH ACTIVITIES OR SERVICES GUEST AGREES AND CONSENTS THAT ANY LIABILITY FOR DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, OR PSYCHOLOGICAL INJURY TO GUEST OR LOSS OF OR DAMAGE TO PROPERTY ARISING OUT OF SUCH ACTIVITIES OR SERVICES SHALL BE THE SOLE RESPONSIBILITY OF THE PROVIDER OF SUCH ACTIVITIES OR SERVICES. GUEST FURTHER AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY CARRIER ENTITIES FROM ALL CLAIMS, LIABILITIES, PENALTIES, FINES, CHARGES, DAMAGES, LOSSES, LEGAL FEES, AND COSTS (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSSES) ARISING FROM, WHICH RELATE TO, OR ARE A CONSEQUENCE OF THE USE OF OR PARTICIPATION IN ANY SUCH ACTIVITIES OR SERVICES. GUEST ALSO AGREES THAT CARRIER ENTITIES SHALL NOT BE OR BECOME LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY ACT OR OMISSION OF ANY SUCH PROVIDER PERTAINING TO, OR ARISING FROM OR IN CONNECTION WITH, SUCH SERVICES OR ACTIVITIES. IN FURTHERANCE OF THE FOREGOING, GUEST ACKNOWLEDGES AND AGREES THAT ALL DISCLAIMERS, LIMITATIONS OF LIABILITY, AND RELEASES AND INDEMNITY BY GUEST SET FORTH IN THIS PARAGRAPH SHALL APPLY WITH RESPECT TO GROUND TRANSPORTATION, AND CARRIER ENTITIES SHALL HAVE NO LIABILITY FOR, AMONG OTHER THINGS, REFUNDS, ACCIDENTS, OVERBOOKINGS, OR COMPUTER FAILURES). GUEST AFFIRMS THAT CARRIER SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS.

 

25. Watersports; Risk Acknowledgement

In consideration of payment of the Voyage Fare, Guest may, subject to local weather, applicable laws and regulations, and the Captain’s confirmation of safe conditions, use Carrier-provided equipment and participate in various recreational and Watersports Activities on, or in the vicinity of the Yacht during the Voyage. Watersport Activities offered may include a selection of non-motorized and low-impact recreational water activities, including but not limited to, swimming from the marina platform, stand-up paddleboarding, kayaking, towables, wakeboarding, knee boarding, and snorkeling (“Watersport Activities”), all of which are subject to operational and safety conditions. Participation is entirely voluntary, and Guests should consider their own physical fitness and abilities before participating.

 

Acknowledgment of Risk

ALL WATERSPORT ACTIVITIES ARE VOLUNTARY AND MAY NOT BE SUITABLE FOR ALL GUESTS, AND PARTICIPATION CARRIES THE RISK OF INJURY OR DEATH, INCLUDING BUT NOT LIMITED TO FRACTURES, BROKEN BONES, CONCUSSIONS, HEAD TRAUMA, DIZZINESS, MOTION SICKNESS, DISLOCATIONS, CONTUSIONS, TORN LIGAMENTS AND TENDONS, SPRAINS AND STRAINS, CUTS, ABRASIONS, PUNCTURE WOUNDS, INTERNAL BLEEDING, WHIPLASH, EYE OR EAR DAMAGE, DENTAL INJURIES, ASPHYXIATION, NEAR-DROWNING, HYPOTHERMIA, HYPERTHERMIA, SEVERE ALLERGIC REACTIONS, INFECTIONS, BLOOD LOSS, ORGAN DAMAGE, NERVE INJURIES, PERMANENT DISABILITY, SPINAL CORD INJURY, PARALYSIS, DISMEMBERMENT, OR DEATH. PARTICIPANTS MAY ALSO ENCOUNTER WILDLIFE IN THE WATER, INCLUDING SHARKS, STINGRAYS, JELLYFISH, SEA URCHINS, BARRACUDAS, EELS, AND OTHER MARINE CREATURES, WHICH MAY RESULT IN BITES, STINGS, VENOMOUS REACTIONS, PUNCTURE WOUNDS, LACERATIONS, INFECTIONS, TRAUMA, OR, IN RARE CASES, CATASTROPHIC INJURIES INCLUDING PERMANENT DISABILITY, DISMEMBERMENT, OR DEATH. THE UNPREDICTABLE NATURE OF MARINE WILDLIFE MEANS THESE RISKS CANNOT BE FULLY ELIMINATED. BY PARTICIPATING, GUESTS ACKNOWLEDGE AND VOLUNTARILY ACCEPT ALL RISKS ASSOCIATED WITH WATERSPORT ACTIVITIES, INCLUDING THE POSSIBILITY OF ENCOUNTERING HAZARDOUS WILDLIFE, AND AGREE THAT CARRIER ENTITIES DO NOT GUARANTEE THEIR SAFETY. GUEST AGREES TO FOLLOW ALL RULES, PROCEDURES, AND INSTRUCTIONS PROVIDED BY CARRIER, THE YACHT, AND GOVERNMENTAL AUTHORITIES, TO OBTAIN ANY NECESSARY TRAINING, AND TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS CARRIER ENTITIES FROM ANY CLAIMS ARISING FROM PARTICIPATION OR USE OF EQUIPMENT. RESPONSIBLE ADULTS TRAVELING WITH A MINOR WHO PARTICIPATE IN WATERSPORT ACTIVITIES ARE DEEMED TO HAVE INFORMED THE MINOR OF THESE RISKS AND ACCEPT RESPONSIBILITY FOR THE MINOR’S PARTICIPATION.

 

26. Children and Minors; Responsible Adult

Children under six (6) months of age will not be permitted on the Yacht under any circumstances. Age is determined as of the Sailing Date. Any Guest sailing with an accompanying Minor without the Minor’s other living parent or legal guardian is required to sign and notarize a Parental Consent Release Form by the Final Payment Date and no later than thirty (30) days prior to the Sailing Date. This form can be obtained by contacting Carrier’s Yacht Concierge Department and info@amanatsea.com. Failure to comply may result in denial of boarding, cancellation of Booking, or removal from the Voyage, without Refund.

 

Any Minor must (i) be identified to Carrier at the time of Booking, (ii) be accompanied by a Responsible Adult in the same suite, and (iii) will only be permitted ashore when accompanied by a Responsible Adult. A child may travel in the same suite as their parents (up to three total Guests per suite) if less than two (2) years old. Children, two (2) years of age or older, must travel in a separate suite, accompanied by a Responsible Adult. Infants six (6) months to under two (2) years of age are not charged the Voyage Fare. There is no pricing reduction for children two (2) years of age or older.

 

Carrier reserves the right to limit the number of children under three (3) years of age onboard the Yacht. All Guests must comply with the Guest Code of Conduct Policy which contains additional specific requirements. Certain itineraries, such as trans-Atlantic Crossings, may require adjustments to this policy, at Carrier’s sole discretion.

 

Designation of a Responsible Adult

Any Minor who is not traveling with a parent or legal guardian must be accompanied by a Responsible Adult designated in writing by the Minor’s parent or legal guardian. Such Responsible Adult shall have care, custody, and control of the Minor for the duration of the Voyage and shall enter into and be bound by this Contract on the Minor’s behalf. A Parental Consent Form designating the Responsible Adult can be obtained by contacting Carrier’s Yacht Concierge Department and info@amanatsea.com. The form must be signed by both parents or legal guardians, notarized, and be received by Carrier by the Final Payment Date and at minimum, at least thirty (30) days prior to the Sailing Date. Failure to comply may result in denial of boarding, cancellation of the Booking, or removal from the Voyage, without Refund.

 

Each Responsible Adult, guardian, or parent of, an embarked Minor under the age of eighteen (18), shall be jointly and severally liable to Carrier Entities and shall reimburse Carrier Entities for all losses, damage and/or costs sustained by Carrier caused directly or indirectly, in whole or in part, by reason of any act or omission of the Responsible Adult or Minor. The Responsible Adult shall defend, indemnify, and hold harmless Carrier Entities from and against any and all liability (including reasonable legal fees) that Carrier Entities may incur to any person or entity (private or governmental) for any death, injury, damage, fine or penalty arising directly or indirectly, in whole or in part, by reason of any act or omission of the Responsible Adult or the Minor in the Responsible Adult’s care.

 

There may be age restrictions applicable to activities on the Yacht and ashore, which are established for the safety and well-being of all Guests. Guest acknowledges and agrees that certain areas of the Yacht, certain activities, services, or facilities onboard may be off limits entirely or subject to age or other eligibility requirements and Guest (and accompanying Minors) agree to abide by all requirements in such areas. Carrier and all independent contractors reserve the right to revise eligibility requirements for activities during the Voyage or ashore for safety or other l awful reasons from time to time, and with which each Guest agrees to comply.

 

27. Guests with Special Needs or Disabilities

Guests with disabilities or special needs, including but not limited to the use of a wheelchair, are required to notify Carrier’s Yacht Concierge Department of such needs at the time of Booking or as soon as Guest becomes aware of the need, and in any event no later than the Final Payment Date. Any special needs or conditions arising after Booking must be communicated to Carrier in writing immediately upon discovery. Guests requiring a wheelchair must provide a wheelchair of appropriate size and type for use onboard, as wheelchairs carried by Carrier are reserved exclusively for emergency use. Guest assumes all responsibility for ensuring that any equipment they provide complies with the Yacht’s requirements. Carrier Entities shall not be liable for any inability to provide accommodations, access, or services as a result of such limitations.

 

Guests acknowledge and understand that international and local safety regulations, shipbuilding standards, and operational requirements including, without limitation, the design, construction, or operation of the Yacht, gangways, docks, anchorages, or other facilities on or off the Yacht, may limit or restrict access to certain areas, services, or activities for Guests with mobility, communication, or other impairments or special needs. Carrier’s ability to accommodate special needs or requests may be constrained by such regulations, by the Yacht’s configuration, or by conditions at ports of call. When necessary to comply with applicable safety requirements, Carrier may require a Guest to be accompanied by another person who is fit and able to assist them in day-to-day activities. This requirement may vary based on the Itinerary. All personal care or supervision must be arranged by Guest at their own expense. Carrier is unable to provide respite care, one-to-one personal care, or supervision or any other form of specialized care for Guests.

 

Where the Passenger Rights Regulation (No. 1177/2010) is applicable:

For purposes of this Ticket Contract, “Disabled Person” and “Person with Reduced Mobility” (together, “Disabled Person”) have meanings given to them in the European Union Regulation 1177/2010 on the rights of passengers when travelling by sea and inland waterway.

 

This regulation affords rights to Guests where (i) the Port of embarkation is in a European Union Member State; or (ii) the Port of embarkation is outside of a European Union Member State and the Port of disembarkation is inside a European Union Member State, provided that Carrier is established within the territory of a European Union Member State (or otherwise offering a Voyage operated to or from the territory of an EU Member State). In accordance with the European Union Regulation 1177/2010 on Passenger Rights when Travelling by Sea and Inland Waterways, if known at the time of Booking, Guests must notify Carrier’s Yacht Concierge Department and/or email info@amanatsea.com in writing if they are a Disabled Person and include information regarding their special arrangements, required medical equipment and/or supplies, requested care or assistance on Embarkation Day, Disembarkation Day, or during the Voyage. Guest’s should also include any specific needs required concerning Guest’s accommodations, seating or services; and whether they need to bring any specific medical equipment on onboard. If a Guest’s circumstances change between the date of Booking and the Voyage, Guest must inform Carrier as soon as possible and not less than forty-eight (48) hours in advance of the Sailing Date and advise of the need of any special arrangements including medical equipment.

 

Subject to the safety and design limitations of the Yacht and the port facilities, Carrier shall not refuse to accept a Booking, or embark a Disabled Person on the grounds of reduced mobility, in accordance with Regulation 1177/2010. Carrier may refuse a Booking, or refuse boarding to Guests who cannot be carried safely and according to all applicable safety requirements established by International, European Union or National Law or where embarkation, disembarkation and/or carriage of Guest cannot be carried out in a safe manner.

 

Guests who are aware of any required accommodations or special requests must provide full information at the time of Booking, and in no event later than forty-eight (48) hours before the assistance is required. In addition, a Disabled Person shall present themselves at the port of embarkation, or any other agreed designated point, at the time stipulated in writing by Carrier, which shall not be more than sixty (60) minutes before the published embarkation time for the Voyage.

 

Nothing in this Section 27 shall be interpreted as excluding or limiting any rights of Disabled Persons or any liability of Carrier that cannot be excluded or limited under Regulation 1177/2010 or any applicable mandatory law.

 

28. Dietary Restrictions

Guests with food allergies or special dietary requests must inform Carrier’s Yacht Concierge Department of their specific dietary requirements no later than the Final Payment Date. Carrier may be able to accommodate special requests for certain meal items or brands and certain special diets including Gluten Free, Low Salt, Sugar-free (diabetic), Vegetarian, and Vegan. Carrier will do its best to accommodate all special requests. While Carrier will make reasonable efforts to accommodate special dietary requirements and meal allergies, Guests acknowledge and accept that the availability of specific ingredients, brands, or meal preparations cannot be always guaranteed due to regional limitations, sourcing, or operational constraints.

 

Guests hereby acknowledge and agree that they are solely responsible for determining whether any food or beverage item contains ingredients to which they are allergic or sensitive, and for avoiding the consumption of such items. Guests with food allergies or sensitivities assume all risks associated with their dietary restrictions, and Carrier Entities shall not be liable for any adverse reactions or consequences arising from meals or beverages served onboard. Carrier cannot guarantee an allergen-free environment, and Carrier Entities shall not be liable for any exposure, illness, death, loss, or injury resulting from a Guest’s contact with any food or beverage item, including where such exposure occurs due to a Guest’s failure to provide notice in accordance with this Section 28.

 

29. Non-liability for Medical Treatment

Guest hereby acknowledges and accepts that the onboard medical center is not equipped as a land-based hospital and the Yacht’s physician is not a specialist. Guests hereby consent to treatment by the Yacht’s physician or other medical personnel, if any, or by a physician designated by Carrier, if subsequent to the Sailing Date Guest is unable to request or authorize such treatment, and in the opinion of the Yacht’s physician, or any Yacht officer in the physician’s absence, needs medical attention. In the event of illness or accident, Guests may have to be transported ashore by Carrier and/or the Captain for medical treatment. Medical facilities and standards vary from port to port. Carrier Entities do not make any representation or warranties nor accept any responsibility regarding the quality of the available medical facilities or treatments at any port of call or at the place at which Guest is transported.

 

Guests acknowledge that their own health insurance will not cover or be applicable to any medical services received onboard and that such charges may not be eligible for reimbursement from Guest’s own insurance. Guest shall be charged and responsible for medical services, expenses and for medications and supplies used for their medical treatment or for the medical treatment of Minors on their Booking. Carrier strongly encourages all Guests to obtain travel insurance prior to the Voyage that can help offset such medical expenses.

 

NEITHER CARRIER NOR CARRIER ENTITIES CONTROL THE MEDICAL SERVICES AND DO NOT UNDERTAKE TO SUPERVISE ANY CARE OR TREATMENT PROVIDED BY MEDICAL PROFESSIONALS ONBOARD THE YACHT. CARRIER ENTITIES DO NOT MAKE ANY WARRANTY AS TO THE QUALITY OF MEDICAL SERVICES NOR SHALL BE LIABLE FOR ANY DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY CAUSED BY REASON OF ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE PROVIDED BY SUCH MEDICAL PERSONNEL, OR, BY THE FAILURE OF SUCH MEDICAL PERSONNEL TO PROVIDE ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE.

 

 

30. Cabotage Regulations

Guests are solely responsible for complying with all embarkation and disembarkation requirements as scheduled by Carrier. Any attempt to join the Yacht after the published embarkation time, to disembark prior to the designated disembarkation port, or to embark or disembark at any unscheduled port, shall be subject to Carrier’s approval and undertaken at Guest’s sole risk and expense. Carrier does not assume any responsibility for delays, denial of boarding, or any consequences arising from missed embarkation or unauthorized disembarkation.

 

Guests who fail to embark at the scheduled port or rejoin the Yacht after temporarily leaving at a port of call may be denied further boarding and shall not be entitled to any Refund, compensation, credit, or alternative transportation. If a Guest disembarks the Yacht before Disembarkation Day, Guest shall be fully responsible for any governmental fines, penalties, or costs incurred by the Yacht, the Captain, or Carrier, including but not limited to immigration or Cabotage violations. Guest agrees to reimburse Carrier for any such amounts upon demand.

 

Carrier operates Voyages in numerous jurisdictions and must comply with all applicable national and international maritime laws, including Cabotage regulations, immigration controls, port authority mandates, and customs requirements. Cabotage laws regulate the movement of passengers between ports within a single country by foreign-flagged Yachts, and vary significantly by country. These laws are subject to change at any time, without notice, and may require adjustments to the itinerary, ports of call, or sailing route. Carrier Entities shall not be held liable for any changes made to comply with Cabotage regulations or any other applicable law, including modifications to scheduled embarkation or disembarkation points, the order of ports, or total Voyage duration. Guests acknowledge and accept that such changes may occur without prior notice and agree that Carrier shall have no liability for any resulting costs, losses, cancellation penalties, or disappointment.

 

31. Guest Liability for Fines and Expenses; Indemnity

Guest is liable to, and shall reimburse, Carrier Entities for any fines, penalties, costs, expenses, losses, or damages imposed on or incurred by Carrier arising out of or in connection with (i) any negligent or intentional act or omission of Guest or any Minor traveling with Guest; (ii) Guest’s failure to comply with any applicable law, regulation, or official requirement (including, without limitation, immigration, border control, customs, agriculture, health, environmental, Cabotage, or other governmental requirements); or (iii) Guest’s failure to present themself for boarding in time for the Yacht’s scheduled departure.

 

Environmental and Operational Misconduct

Guest is liable for, and shall reimburse, all costs, expenses, losses, and damages resulting from any act of illegal dumping, pollution, or unauthorized discharge or release of any substance or item into the ocean or any waterway, or any other misconduct affecting the safety, operation, deviation, or delay of the Yacht.

 

Embarkation in Breach of Contract / Failure to Follow Instructions

If Guest embarks, remains onboard, or attempts to do so in breach of the Ticket Contract, or fails to follow any lawful instruction, order, or requirement of Carrier, the Captain, or crew (including in connection with Guest’s illness or injury), Guest shall be solely responsible for any and all resulting damages, losses, costs, expenses, credits, Refunds, deviation expenses (including loss of revenue), and related claims, including any deviation or delay required to disembark Guest.

 

Damage to Yacht and Property

Guest, or Guest’s estate, is liable to, and shall reimburse, Carrier Entities for any damage to the Yacht, its furnishings, equipment, operations, or any other property of Carrier Entities caused directly or indirectly, in whole or in part, by any willful or negligent act, omission, or misconduct of Guest or any Minor traveling with Guest, including any unauthorized discharge or release as described above.

 

Indemnity

Guest, or Guest’s estate, shall defend (at Carrier’s option), indemnify, and hold harmless Carrier, Carrier Entities, the Yacht, and their respective officers, directors, servants, agents, crew and employees from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising directly or indirectly, in whole or in part, out of or in connection with any act, omission, or misconduct of Guest or any Minor traveling with Guest.

 

32. Use and Display of Image and Likeness; Personal Data and Marketing; Privacy Notice

Guest hereby grants to Carrier Entities, and any other person or entity Carrier or Carrier Entities may authorize the right to photograph, film and/or record Guest and anyone and everyone in Guest’s Booking. Furthermore, Guest hereby grants to Carrier Entities and its successors, affiliates, licensees, and assigns, forever and throughout the world, the right to use such photographs, film, images, tapings and/or recordings of Guest for any purpose, which include but is not limited to governmental investigations, litigation, and promotional materials. Guests agree they will not be compensated for such use, and all rights, title, and interest therein (including all worldwide copyrights and intellectual property rights therein) shall be Carrier Entities’ sole property, free from any claims by Guest or any person deriving any rights or interest from Guest in perpetuity.

 

Guest expressly agrees not to use any photograph, video recording or other visual or audio portrayals of Guest and/or any other Guest in combination with crew or the Yacht, or depicting the Yacht, its design or equipment or any part thereof whatsoever for any commercial purpose or in any media broadcast or for any other non-private use, without the express written consent of Carrier.

 

Carrier may utilize surveillance means onboard the Yacht for the purpose of detecting or preventing criminal activity and ensuring the safety and protection of Guests.

 

Carrier Entities will collect, use, process and share data as stated in the Aman at Sea Privacy Notice, which is available at www. amanatsea.com, and which is incorporated herein.

 

33. E.U. Privacy Statement

Carrier Entities act as data controllers for the purposes of Regulation (EU) 2016/679 (the General Data Protection Regulation), the UK Data Protection Act 2018, and any related data protection legislation (together, the “Data Protection Laws”).

 

Personal Data

To arrange, manage, and perform Bookings and any ancillary services, Carrier Entities may process certain personal data about Guests, including, as applicable:

  • Identification and contact details (such as name, address, email, telephone number, date of birth);

  • Booking and payment details (credit/debit cards or other payment information); and

  • Information about special requirements, including health-related data where necessary (for example, medical conditions and disabilities) and/or dietary preferences.

 

Carrier Entities may also process additional information such as nationality, citizenship, gender, and passport or identity document details where required to provide travel and related services, to comply with immigration, customs, security, and other legal or regulatory requirements, and for safety and security purposes.

 

Disclosure and International Transfers

For these purposes, personal data may be disclosed to third parties that reasonably need to know such information in connection with a Booking, including but not limited to hotels, ship operators, ground handlers, insurance providers, payment service providers, banks, IT and support providers, and other Suppliers involved in the provision of Voyages, as well as to governmental authorities (such as immigration, customs, port authorities, law-enforcement or regulatory bodies) where required or permitted by the Data Protection Laws.

 

Some of these recipients may be located outside the European Economic Area and the U.K., in countries whose laws may not provide the same level of data protection as under the Data Protection Laws. In such cases, Carrier Entities will ensure that appropriate safeguards are in place to protect Guest’s personal data, such as standard contractual clauses, an adequacy decision, or other mechanisms permitted by the Data Protection Laws.

 

Confidentiality and Legal Basis

Personal data provided in connection with a Booking, including data relating to health, disabilities, or religious or philosophical beliefs, will be treated as confidential and will only be processed where there is a lawful basis under the Data Protection Laws (for example, where necessary for the performance of Guest contract with Carrier, to comply with legal obligations, for Carrier’s or a third party’s legitimate interests that are not overridden by Guest rights, or, where required, with Guest consent). Such data will be disclosed to third parties only where necessary for these purposes, to comply with legal obligations, or otherwise where permitted by the Data Protection Laws.

 

Guest Data Protection Rights

Subject to applicable law and certain limitations, Guests have a number of rights in relation to their personal data, which may include:

  • The right to access personal data held about them;

  • The right to request rectification of inaccurate or incomplete data;

  • The right to request erasure of personal data (“right to be forgotten”);

  • The right to request restriction of processing;

  • The right to data portability; and

  • The right to object to certain types of processing, including processing based on legitimate interests or direct marketing.

 

Requests to exercise these rights should be made in writing (by letter or email) to Carrier at dataprotection@amanatsea.com. Carrier will respond to such requests without undue delay and in any event within one month of receipt, which may be extended by up to a further two months where necessary, taking into account the complexity and number of requests. In such cases, Guests will be informed of any extension and the reasons for it. In general, Guests will not be charged a fee for exercising their rights. However, Carrier Entities may charge a reasonable fee or refuse to act on a request where it is manifestly unfounded or excessive, in particular because of its repetitive character, as permitted by the Data Protection Laws.

 

Guests who consider that any personal data held about them is inaccurate or incomplete should contact Carrier or the relevant Carrier Entity without delay so that appropriate steps can be taken to update or correct such information. For more detailed information about how Carrier Entities process personal data, Guests may contact dataprotection@amanatsea.com.

 

34. Guest Code of Conduct

Guests agree to abide by the Guest Code of Conduct available online at www.amanatsea.com. Carrier reserves the right to change the Guest Code of Conduct at any time and without providing notice.

 

35. Alchohol

No alcohol or drugs may be brought onboard the Yacht except as permitted under this Ticket Contract or Guest Code of Conduct. The minimum age for consuming alcohol onboard the Yacht varies by itinerary and each Guest agrees to abide by whatever alcohol age restriction is in place on the Yacht during the Voyage. Guests agrees not to attempt to provide or consume alcoholic beverages in violation of this policy, either for themselves or others. Carrier and the Yacht’s crew reserve the right, in their sole discretion, to refuse or discontinue the service of alcoholic beverages to any Guest at any time. Carrier reserves the right to prohibit and retain all alcoholic beverages brought onboard the Yacht.

 

36. Smoking

For the safety and comfort of Guests, the Yacht is designed as a non-smoking Yacht, including e-cigarettes. Guests shall observe the non-smoking areas onboard the Yacht. Indoor smoking onboard the Yacht is permitted only in the Cigar Lounge. Smoking is prohibited in all other areas of the Yacht including all other public rooms, lounges, corridors, and restaurants, as well as all suites and private balconies. Outdoor smoking is strictly prohibited onboard the Yacht. Fines will be charged for violations of this policy. For serious violations of the non-smoking policy, more stringent consequences, including disembarkation without Refund, may be ordered by the Captain. Guests disembarked for violating Carrier’s Smoking policy will not be permitted to book with Carrier again.

 

37. Non-solicitation

Guests agree that they shall not solicit Guests or others onboard the Yacht for commercial purposes or advertise goods or services onboard the Yacht without the prior written permission of Carrier which may be withheld or delayed in Carrier’s sole and absolute discretion. Solicitation by vendors of goods and services, including, but not limited to, solicitation by travel professionals, is strictly forbidden. Guests disembarked for violating Carrier’s Non-Solicitation policy will not be permitted to book with Carrier again.

 

38. No Pets Allowed

No pets are permitted onboard the Yacht.

 

39. Indemnification

Guest agrees to indemnify, defend, and hold harmless Carrier Entities from and against any and all claims, liabilities, penalties, fines, charges, damages, losses (including, without limitation, direct, indirect, and consequential losses), and expenses (including legal fees and costs) that are incurred, sustained, or imposed as a result of any act, omission, or willful misconduct of Guest, or of any person for whom Guest is responsible. This includes, without limitation: any violation of law by Guest or of any person for whom Guest is responsible; damage to any property caused by the negligent act, omission, or willful misconduct of Guest or person for whom Guest is responsible; any personal injury caused by the negligent act/omission of Guest or of any person for whom Guest is responsible; and any embarkation or disembarkation by Guest at any port or place other than as scheduled in the Ticket Contract, where such embarkation or disembarkation is unlawful or unauthorized.

 

Guest shall be liable to Carrier Entities for, and shall indemnify them against, any and all damage to the Yacht, any breakage or damage to its fixtures, the tenders, marina equipment, Watersports equipment, and any related property, together with any other losses or expenses incurred by Carrier Entities arising out of or in connection with Guest’s presence onboard or any conduct or activity of Guest, any Responsible Adult, or any Minor for whom a Responsible Adult is responsible.

 

40. Limitations and Disclaimers of Liability

Carrier and Guest acknowledge and agree that no representations or warranties, express or implied, are made regarding the suitability, seaworthiness, safety, or condition of the Yacht, any individual onboard, or any food, beverages, medications, or other provisions provided during the Voyage. Guest understands and agrees that Carrier does not guarantee Guest’s personal safety and does not act as an insurer of Guest’s well-being during the Voyage.

 

To the fullest extent permitted by law, Carrier shall not be responsible or liable for any loss, injury, illness, or incident arising from or relating to circumstances occurring in areas of the Yacht not designated for Guest’s use or occurring beyond the Yacht itself. This includes, without limitation, events occurring ashore (including Shore Experiences), on tenders or Yachts not owned or operated by Carrier, in connection with equipment not forming part of the Yacht, on docks, piers, or similar facilities, or involving individuals employed onboard the Yacht who are acting outside the course and scope of their employment, as well as any transmission or outbreak of disease.

 

NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, CARRIER AND THE YACHT SHALL BE ENTITLED TO LIMIT THEIR LIABILITY IN ACCORDANCE WITH THE CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976 (LLMC), AS AMENDED BY THE 1996 PROTOCOL, AS ENACTED IN THE LAWS OF THE STATE OF MALTA. NOTHING IN THIS CONTRACT OPERATES TO DEPRIVE CARRIER OR YACHT OF ANY RIGHT TO LIMITATION OR EXONERATION OF LIABILITY AVAILABLE UNDER THE SAID CONVENTION OR THE LAWS OF THE APPLICABLE FORUM.

 

Nothing in this Ticket Contract, the Booking Terms and Conditions, or any other terms and conditions of ancillary services is intended to, or shall, limit or deprive any Carrier Entity of the benefit of any limitation of or exoneration from liability available under the laws of Malta (including the Merchant Shipping Act, Cap. 234, and subsidiary legislation implementing the Athens Convention 1974 as amended by the 2002 Protocol and EU Regulation (EC) No. 392/2009), the United States, or any other applicable jurisdiction, or under any relevant international convention. Carrier Entities shall be entitled to invoke any and all such limitations, defenses, and exonerations to the fullest extent permitted by law, including those mandatorily applicable by virtue of the Yacht’s Maltese registry. If more than one statute, law, or convention may apply, Carrier Entities may rely on any or all such regimes, and where they conflict, shall be entitled to invoke the regime (or combination thereof) that affords the most favorable limitation, defense, or exoneration.

 

Emotional Distress and Psychological Injury

To the fullest extent permitted by applicable law, if Guest states a cause of action against any Carrier Entity based on negligence, intentional tort, or both, no Carrier Entity shall be liable for emotional distress, mental suffering, or psychological injury of any kind, except where Guest proves that such emotional distress, mental suffering, or psychological injury:

  • resulted from physical injury to Guest proximately caused by the negligence or fault of a crewmember of the Yacht, Carrier, Carrier’s agent, Captain, owner, or any third-party operator of the Yacht; or

  • resulted from Guest having been placed at actual risk of immediate physical injury and such risk was proximately caused by the negligence or fault of a crewmember of the Yacht, Carrier, Carrier’s agent, Captain, owner, or any third-party operator of the Yacht; or

  • was intentionally inflicted by a crewmember of the Yacht, Carrier, Carrier’s agent, Captain, owner, or any third-party operator of the Yacht.

Where EU Regulation No. 392/2009 applies:

For any Voyage where Guest embarks or disembarks in a port located in a Member State of the European Union (or when booked in such a Member State), or otherwise subject to European Union territorial scope, Carrier Entities shall be entitled to (and the Yacht shall be mandatorily subject to) all limitations, restrictions, exemptions, immunities, and defenses under EU Regulation No. 392/2009 on the liability to carriers in the event of accidents, as implemented in Maltese law:

  • In the event of a Shipping Incident, Carrier’s Liability for death or personal injury is limited to 250,000 SDR per Guest. If the loss exceeds 250,000 SDR, Carrier may be liable up to 400,000 SDR per Guest unless Carrier proves the Shipping Incident occurred without fault or neglect.

  • In the event of death and/or personal injury resulting from a non-Shipping Incident, Carrier’s liability is limited to 250,000 SDR with an upper limit of 400,000 SDR if Guest proves that Carrier was at fault or in neglect above 250,000 SDR’s.

  • In cases where the loss or damage was caused in connection with war or terrorism, Carrier’s liability for any personal injury or death (whether occurring during a Shipping Incident or a non-shipping incident) is limited to the lower of 250,000 SDRs per Guest or 340 million SDRs per ship per incident. Punitive damages are not recoverable for Voyages covered by EU regulation 392/2009.

SDR’s fluctuate based on the daily exchange rate as published in the Wall Street Journal.

 

Where EU Regulation No. 1177/2010 applies:

 

The provisions of Regulation No. 1177/2010 on Passenger Rights when traveling by sea and inland waterways afford rights to Guests where the embarkation port is in an EU Member State. The regulation text is available at http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32010R1177.

 

All Other Voyages For all other Voyages (including non-EU embarkation/ disembarkation, non-international carriage per Regulation (EC) No. 392/2009, or the Yacht as floating accommodation), liability for death, personal injury, luggage, or property shall be governed exclusively by the Athens Convention 1974 as amended by 2002 Protocol (“Athens Convention”), as implemented under Maltese law (Legal Notice 76 of 2013; Merchant Shipping Act Cap. 234), expressly incorporated herein.

 

For reference:

  • The Athens convention limits Carrier’s liability for death of or personal injury to a Guest to no more than 400,000 SDR per Guest.

  • Liability of Carrier for loss of or damage to Guest’s luggage or other property shall not exceed 2,250 SDR per Guest under the Athens Convention.

  • If the loss or damage was caused by a Shipping Incident, Carrier’s liability is limited to no more than 250,000 SDR’s per Guest.

  • Compensation for loss caused by a Shipping Incident can increase to a maximum of 400,000 SDRs per Guest unless Carrier proves that the Shipping Incident occurred without Carrier’s fault or neglect.

  • Where the loss or damage was caused in connection with war or terrorism, Carrier’s liability for any personal injury or death (whether occurring during a Shipping Incident or a non-shipping incident) is limited to the lower of 250,000 SDRs per Guest or 340 million SDRs per ship per incident. Punitive damages are not recoverable for Voyages covered by the Athens convention.

  •  

Benefit of United States Statutory Protections

Carrier Entities shall be entitled to all restrictions, exemptions, and limitations under U.S. Maritime law, as supplemental protections where applicable.

 

Exclusion of Indirect and Consequential Damages

To the fullest extent permitted by applicable law, and regardless of the legal theory asserted, Carrier Entities shall not in any circumstances be liable to Guest for:

 

  • loss or anticipated loss of profits or revenues;

  • loss of contract, business opportunity, goodwill, or reputation;

  • loss of enjoyment or disappointment; or

  • any indirect, special, exemplary, punitive, or consequential damages.

These exclusions apply even if Carrier Entities were advised of the possibility of such damages.

 

Fault-Based Liability and Contributory Negligence

No Carrier Entity shall be liable for any damage, loss, injury, illness, or death that is not caused by the negligence, fault, or omission of such Carrier Entity or for any damage, loss, injury, illness, or death caused in whole or in part by the acts or omissions of Guest or any third party. Any damages recoverable by Guest shall be reduced in proportion to Guest’s own fault, negligence, lack of care, or failure to mitigate, as determined under the applicable law.

 

No Liability for Occurrences Ashore

Carrier Entities shall have no responsibility or liability for any acts, omissions, incidents, or occurrences occurring ashore, prior to embarkation, or after final disembarkation from the Yacht, including those involving independent contractors or third-party service providers, except to the limited extent that such damage, loss, injury, illness, or death is caused by the negligence, fault, or omission of Carrier or its employees acting within the course and scope of their employment during transportation by water to or from the Yacht using a conveyance provided and controlled by Carrier.

 

Extensions of Defenses to Third Parties

All limitations, exemptions from, and restrictions on liability and all defenses, immunities, and rights to indemnity set out in this Ticket Contract shall inure to the benefit of and be available to all Carrier Entities, and Suppliers, each of whom shall be entitled to invoke them as third-party beneficiaries to the fullest extent permitted by law.

 

No Arrest or Actions in Rem; Security Waiver

Guest irrevocably waives any right to arrest, attach, or otherwise detain the Yacht or any other property, assets, or earnings of Carrier Entities or their independent contractors, or to require the posting of any bond, letter of undertaking, or other security in connection with any claim arising out of or related to the Voyage, this Ticket Contract, or any services provided hereunder, save to the extent such waiver is prohibited by law that cannot be contractually excluded. Guest shall indemnify Carrier Entities and their Suppliers for any lost revenues, costs, or expenses (including attorneys’ fees) arising from any breach of this provision, including any wrongful arrest or detention of the Yacht or other property.

 

No Vicarious Liability for Independent Parties

Carrier Entities shall not be vicariously liable for the acts or omissions of any person or entity not employed by a Carrier Entity, nor for the acts/omissions of Suppliers or any other business entity providing goods or services in connection with the Voyage. Any such persons or entities shall be deemed independent contractors, and Guest’s recourse, if any, shall be solely against such persons or entities.

 

Contractual Limit for Improper Performance or Breach of the Contract

For claims not involving personal injury, death, or illness and not otherwise subject to EU Regulation 392/2009, the Athens Convention, or any other mandatory liability regime, Carrier Entities’ aggregate liability for improper performance or breach of this Ticket Contract shall, to the maximum extent permitted by law, be limited to an amount not exceeding two (2) times the Voyage Fare actually paid by the affected Guest (excluding taxes, port charges, fees, insurance premiums, and amendment or cancellation charges).

 

Benefit of Third-Party Liability Limits

In addition to the limitations and protections set forth in this Ticket Contract, Carrier Entities shall be entitled to the benefit of any limitations of liability, exemptions, defenses, and conditions of carriage contained in the contracts, tariffs, and terms of any third-party carriers, service providers, or operators (including airlines, tender operators, and ground transportation providers) involved in providing services to Guest in connection with the Voyage or pre-/post-Voyage arrangements, and such terms are hereby incorporated by reference for that purpose to the fullest extent permitted by law.

 

41. Time Limitations of Actions; Arbitration; Waiver of Class Action Right

Suits for Injury or Death

GUEST AGREES THAT NO SUIT, WHETHER BROUGHT IN REM OR IN PERSONAM, SHALL BE MAINTAINED AGAINST CARRIER FOR EMOTIONAL OR PHYSICAL INJURY, ILLNESS OR DEATH OF GUEST UNLESS WRITTEN NOTICE OF THE CLAIM, INCLUDING A COMPLETE FACTUAL ACCOUNT OF THE BASIS OF SUCH CLAIM, IS DELIVERED TO CARRIER WITHIN 185 CALENDAR DAYS FROM THE DATE OF THE INCIDENT GIVING RISE TO SUCH INJURY, ILLNESS OR DEATH; AND NO SUIT SHALL BE MAINTAINABLE UNLESS COMMENCED WITHIN ONE (1) YEAR FROM THE DAY OF THE INCIDENT GIVING RISE TO SUCH INJURY, ILLNESS OR DEATH, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.

 

Other Suits

ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF A GUEST, WHETHER BROUGHT IN PERSONAM OR IN REM OR BASED ON CONTRACT, TORT, STATUTORY, CONSTITUTIONAL OR OTHER LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO ALLEGED VIOLATION OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY LAWS, OR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT OR GUEST’S VOYAGE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN GUEST AND CARRIER, WITH THE SOLE EXCEPTION OF CLAIMS BROUGHT AND LITIGATED IN SMALL CLAIMS COURT, SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE UNITED NATIONS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“THE CONVENTION”) AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) SOLELY IN BROWARD COUNTY, FLORIDA, U.S.A. TO THE EXCLUSION OF ANY OTHER FORUM. GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ARBITRATION PROCEEDING IN BROWARD COUNTY, FLORIDA. THE ARBITRATION SHALL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND THE FEE SCHEDULE IN EFFECT AT THE TIME OF FILING THE DISPUTE WITH NAM, WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CARRIER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION UNDER THE CONVENTION OR FAA. CARRIER AND GUEST FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF GUEST ASSERTING THE CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. IN THE EVENT THIS PROVISION IS DEEMED UNENFORCEABLE BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION FOR ANY REASON, THEN AND ONLY THEN THE PROVISIONS OF SECTION 42 GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS SECTION. IN ANY EVENT, NO CLAIM DESCRIBED IN THIS SECTION MAY BE BROUGHT AGAINST CARRIER UNLESS WRITTEN NOTICE GIVING FULL PARTICULARS OF THE CLAIM IS DELIVERED TO CARRIER WITHIN THIRTY (30) DAYS OF TERMINATION OF THE VOYAGE AND LEGAL ACTION ON SUCH CLAIM IS COMMENCED WITHIN SIX (6) MONTHS FROM THE DATE THE CLAIM AROSE, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.

 

Class Action Waiver

THIS TICKET CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE DONE BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 41, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION. GUEST ACKNOWLEDGES AND UNDERSTANDS THAT A FEDERAL COURT PRESIDING OVER THE MATTER UNDER ADMIRALTY JURISDICTION MAY NOT GRANT A TRIAL BY JURY DESPITE CARRIER AND GUEST’S REQUEST FOR A TRIAL BY JURY, AND IN SUCH EVENT, GUEST KNOWINGLY AND VOLUNTARILY WAIVES A TRIAL BY JURY.

 

42. Venue and Governing Law

EXCEPT AS OTHERWISE SPECIFIED HEREIN, ANY AND ALL DISPUTES WHATSOEVER ARISING OUT OF OR RELATING TO THIS CONTRACT OR GUEST’S VOYAGE, AS WELL AS THE INTERPRETATION, APPLICABILITY, AND ENFORCEMENT OF THIS CONTRACT SHALL BE GOVERNED EXCLUSIVELY BY THE GENERAL MARITIME LAW OF THE UNITED STATES, WHICH SHALL INCLUDE THE DEATH ON THE HIGH SEAS ACT (46 USCS § 30302) WITHOUT REGARD TO CHOICE OF LAW RULES, WHICH REPLACES, SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY STATE OR NATION TO THE CONTRARY. IT IS HEREBY AGREED THAT ANY AND ALL CLAIMS, DISPUTES OR CONTROVERSIES WHATSOEVER ARISING FROM, RELATED TO, OR IN CONNECTION WITH THIS CONTRACT OR GUEST’S VOYAGE, INCLUDING ANY ACTIVITIES ON OR OFF THE YACHT OR TRANSPORTATION FURNISHED THEREWITH, WITH THE SOLE EXCEPTION OF CLAIMS SUBJECT TO BINDING ARBITRATION UNDER SECTION 41, SHALL BE COMMENCED, FILED AND LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN FORT LAUDERDALE, FLORIDA, U.S.A., OR AS TO THOSE LAWSUITS FOR WHICH THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA LACKS SUBJECT MATTER JURISDICTION, BEFORE A COURT OF COMPETENT JURISDICTION IN BROWARD COUNTY, FLORIDA, U.S.A., TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTRY, STATE, CITY OR COUNTY WHERE SUIT MIGHT OTHERWISE BE BROUGHT.

 

43. Warranties and Consequential Damages Excluded

CARRIER ENTITIES DO NOT EXPRESSLY OR IMPLIEDLY WARRANT, AND SPECIFICALLY DISCLAIM ANY WARRANTY TO:

  • THE FITNESS, CONDITION OR SEAWORTHINESS OF THE YACHT; AND

  • THE FITNESS, CONDITION OR MERCHANTABILITY OF ANY FOOD OR DRINK PROVIDED ONBOARD THE YACHT. CARRIER ENTITIES SHALL NOT BE STRICTLY LIABLE IN TORT FOR ANY DEFECT, LACK OF FITNESS, IMPURITY OR CONTAMINATION OF ANY FOOD OR DRINK PROVIDED ONBOARD THE YACHT. CARRIER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES.

 

44. Force Majeure

Notwithstanding any other provision of this Agreement, Carrier will not be liable for failure to perform any obligation under the Ticket Contract or the Booking Terms and Conditions to the extent such performance is prevented, delayed, or loss is caused by, an act of Force Majeure. “Force Majeure” means unusual and unforeseeable circumstances or unpredictable events beyond Carrier’s control, including, but not limited to, acts of God, flood, earthquake, storm, hurricane, drought, adverse weather conditions, or other natural disasters; war or warlike operations, threat of war; invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities (actual or threatened); riots, civil commotions or disturbances, industrial disputes, labor difficulties, whether or not Carrier is a party thereto, interference by authorities, requisitioning of the Yacht, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, allision, foundering of the ship, piracy, nuclear disasters, fire, epidemics, pandemics, public health concerns, health risks, nationalization, government sanction, no sail orders, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service and/or any unforeseen technical problems with the Yacht or other transport including changes due to rescheduling or cancellation, closed or congested airports or ports; riot; civil strife; industrial dispute; technical problems or breakdown of machinery or equipment; outages or power failures; pandemics, epidemics or outbreaks of illness or any other cause whatsoever beyond the control of Carrier. In the event of a cancellation or material alteration to the Voyage as a result of the circumstances as described above, Carrier shall have no liability whatsoever for any travel-related costs incurred by Guest, including but not limited to, air, insurance, visas and other travel arrangements of any kind.

 

45. Wireless Services

Carrier may, at its sole option, make wireless internet or telephone access available for Guest’s convenience. Carrier Entities accept no responsibility for non-availability, lack of adequate capacity or interruptions in such wireless internet or telephone access which shall be provided by third parties. Guest agrees to use such wireless internet or telephone access at Guest’s own risk. Carrier Entities shall not be liable in any manner for resulting claims (including without limitation lack of privacy), losses or damages or inability to communicate or conduct any business. The wireless internet or telephone access is public and information sent or received is not guaranteed to be private (and therefore any personal data transmitted or provided over or through such wireless internet or telephone access may be available or accessed by third parties). Guest agrees that Carrier may, as required by law or in their sole discretion, monitor, record, intercept and disclose any transmissions and may provide to others all information relating to all such wireless internet or telephone access.

 

46. No General Average

Guests shall neither pay nor receive any general average contribution with respect to any property.

 

47. Third Party Beneficiaries

GUEST AGREES THAT ALL PROTECTIONS, BENEFITS, DEFENSES, AND EXCLUSIONS FROM, AND LIMITATIONS OF LIABILITY IN FAVOR OF CARRIER SET FORTH IN THIS TICKET CONTRACT SHALL ALSO EXTEND FULLY TO AND BE FOR THE BENEFIT OF CARRIER, CARRIER ENTITIES, AND SUPPLIERS. Except to the extent expressly set forth in this Ticket Contract, Carrier and Guest do not intend to create any third-party beneficiaries or otherwise extend the rights and benefits of this Ticket Contract to any third parties.

 

48. Interpretation and Severability

Should any provision of this Ticket Contract be contrary to or invalid by virtue of the law or be held by a court of competent jurisdiction, such provision shall be deemed to be severed from the Ticket Contract and of no force and effect while all remaining provisions herein shall continue to be in full force and effect. The headings of the Ticket Contract are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female gender, and references to the singular shall include the plural and vice versa. In the event of conflict between the provisions of this Ticket Contract, the Booking Terms and Conditions, the Terms and Conditions contained on the Website, the terms of any Carrier advertisement or offer, and the oral representations of any Carrier representative, the provisions of this Ticket Contract shall control.

 

49. Digital Signature Provisions

Guest represent and warrant that Guest has the legal right, power, and authority to agree to this Ticket Contract on behalf of him/ herself and everyone in the Booking. Guest further agrees that by clicking on any links presented constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”). Guest further acknowledges and agrees that this Ticket Contract is an electronic record for purposes of E-Sign, UETA, and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable.

 

50. Written Notices

Except as otherwise expressly provided in this Ticket Contract, all written notices required by the Ticket Contract must be mailed, postage prepaid, to:

 

Aman at Sea
1200 S. Pine Island Rd, Suite 200
Plantation, FL 33324
United States of America

 

With a digital copy to: notices@amanatsea.com

 

51. For Profit Entity

Notwithstanding that Carrier, at Guest’s option, facilitates air transportation, hotel accommodations, ground transfers, Shore Experiences, and other services with independent Suppliers, it should be understood that Carrier, being a “For Profit Entity”, earns a fee on the sale of optional services.