The Seabourn Club program (“Program”, “Seabourn Club”, or “Club”) is a promotional program operated by Seabourn Cruise Line Limited (“Seabourn”). The following terms and conditions (“Program Terms”) supersede all prior Program terms and conditions and take effect for sailings according to the schedule available at Seabourn.com. Please note that by participating in the Program, you are agreeing to be bound by all Program Terms.
Your access or use of the Club or participation in the Club constitutes your acknowledgment that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, these Program Terms and the Seabourn Website Terms & Conditions. This includes, but is not limited to, damage and remedy exclusions and limitations, binding arbitration provision, class action waiver, jury trial waiver, and a choice of Washington law except as otherwise provided herein. In the event of conflict between these Program Terms and the Website Terms & Conditions, these Program Terms shall prevail.
You should not rely upon the continued availability of the Program, or any Club Days or Club Points (both as hereafter defined) accumulated in connection therewith.
THE PROGRAM IS VOID WHERE PROHIBITED. SEABOURN RESERVES THE RIGHT TO MODIFY OR TERMINATE THE LOYALTY PROGRAM IN ANY MANNER, IN WHOLE OR PART, EVEN THOUGH SUCH CHANGES MAY AFFECT YOUR CLUB DAYS AND CLUB POINTS, INCLUDING BUT NOT LIMITED TO REDEMPTION VALUE OF THE CLUB DAYS, CLUB POINTS, CLUB LEVEL AND/OR CLUB AWARD CRUISE(S) ALREADY ACCUMULATED.
Changes to the Program; Program Termination
Seabourn reserves the right to modify, restrict, change, or terminate the Program, or to change the Program structure in whole or in part, at any time with or without notice including, without limitation, terms and conditions of participation and the benefits of the Program and these Program Terms, which changes may include, but are not limited to, changing the number of Club Days or Club Points you may earn for a particular type of activity or the number of Club Days or Club Points needed to reach a particular Club Level (as described below) or to redeem a Club Award Cruise, the types of Club Level Benefits available, omitting or adding Club Levels or categories, or changing the conditions under which Club Days or Club Points expire or are forfeited.
Membership may be suspended or terminated at Seabourn's sole discretion at any time. You must redeem and use all Club Days, Club Award Cruises and Club Level Benefits (as hereafter defined) before expiration, or the effective date of termination, or those unused Club Days, Club Award Cruises and Club Level Benefits shall be forfeited. In the event the Program is modified or updated, any earned Club Days, Club Points, and Club Award Cruises may be terminated and may not be honored. No extensions, cash refunds, or other exchanges will be allowed for expired Club Days, Club Points, Club Award Cruise(s), or Club Level Benefits.
Program Eligibility
To participate in the Program, you must be eighteen (18) years of age or older and opt into the Program as well as agree to these official Program Terms. The Program is not targeted towards and is not intended for use by anyone under the age of 18. Any individual sailing as the third or fourth guest in a suite is eligible to earn Club Points, Club Days, or Club Level Status based on such stays but is not able to earn Club Points for any onboard purchases.
As described below, the Program provides Seabourn Club Level Benefits based on accrued Seabourn Club Points. Club Days determine complimentary Club Award Cruises.
All questions or disputes regarding eligibility for the Program or provision of benefits will be resolved by Seabourn in its sole discretion. Other terms and conditions may apply. Offer void where prohibited by law.
Seabourn Club Points
The Club consists of benefit levels (each a “Club Level”). A Club member’s Club Level status is determined by the number of eligible club points accumulated by the member (“Club Points”), which are points earned based on the following:
* Eligible Days do not include (and Club Points and Club Days will not be awarded in connection with) days on a chartered Seabourn cruise, days on certain reduced cruise fares (including, without limitation, days on board booked with Club Award Cruise(s), employee rates, vendor rates, friends & family rates, travel agent and Interline rates, travel agency host bookings, cruise vouchers, etc.) (collectively, “Reduced Fares”) and other cruises as may be designated by Seabourn in its sole discretion.
** “Eligible Onboard Spend” includes: (i) pre-cruise purchases such as shore excursions, mid-cruise Seabourn Journeys (excluding pre- or post-cruise Seabourn Journeys), wine and spirits, and gift orders; and (ii) all onboard spending, except for casino charges and related fees, certain guest compensation credits, future cruise deposits, and purchases made using future cruise credits. For both (i) and (ii), Eligible Onboard Spend is calculated net of all returns.Eligible Onboard Spend is calculated on the combined eligible onboard charges for all guests on the booking, regardless of who signs each charge and pays the bill (i.e. the first two guests named on the booking will receive the same number of Seabourn Club Points for Eligible Onboard Spend). Eligible Onboard Spend by the third and fourth guest named in a booking (as applicable) contributes to the Eligible Onboard Spend, but such guests do not receive any Seabourn Club Points for such Eligible Onboard Spend.
A member continues to accumulate Club Points over their lifetime in the Program, if any. Club Points are not transferable and have no cash value, each in any instance. Club Points are awarded at the completion of each cruise. Please note, it can take approximately seven to ten days for the Seabourn Club Points, Club Levels, and Club Days to post to a Club account.
Seabourn Club Levels.
Program Club Level status is based on the number of eligible Club Points earned per member. New Program members will start at Seabourn Club Member (entry Club Level) (unless otherwise determined by Seabourn in its sole discretion). For existing Program members, their Club Level will be determined by such member’s accumulated Club Points as of October 20, 2025. The seven Club Levels available as of October 20, 2025, are as follows: 1) Seabourn Club Member (entry Club Level); 2) Seabourn Club Silver Member; 3) Seabourn Club Gold Member; 4) Seabourn Club Platinum Member; 6) Seabourn Club Diamond Member; and 7) Seabourn Club Diamond Elite Member. These Club Levels are subject to change, and Seabourn may increase or decrease the number of Club Levels, the Club Points required to reach a certain Club Level, and Club Level Benefits that can be used at each Club Level, all in its sole discretion. After obtaining enough Club Points to qualify for the next Club Level, you may be elevated to the next Club Level.
The benefits available at each Club Level are set forth below.
Club Level Benefits
When Club Points are earned within the timeframe set forth herein, those Club Points will automatically convert to Club Level placement and benefits (“Club Level Benefits”). Club Level Benefits are awarded on a per person basis. Members receive one set of onboard Club Level Benefits for their entire cruise. There are no refunds or credits for unused Club Level Benefits. Club Level Benefits are not transferable. Club Level Benefits and restrictions can change at any time. Once a benefit is selected and utilized for a particular voyage, it cannot be changed. Changes to benefits can be made provided the benefit has not been utilized in part or in full. To take full advantage of benefits, members must register and provide an email address at Seabourn.com. For the current list and description of the Club Level Benefits available at each Club Level, please visit here. Club Level Benefits are subject to terms and conditions as set forth on such page and such terms are incorporated into these Terms.
Members reaching a new Club Level can apply the new benefits on their next cruise. Certain Club Level Benefits such as advance notifications, invitations, special savings, Advisory Board membership and more will only be available electronically.
Seabourn will not be liable for refunds or for damages resulting from failure to deliver any of the Program benefits for any reason.
Onboard Benefits
Special Events and Receptions on Board: Once per cruise (once per segment on voyages that offer segments), a reception will be hosted on board.
Seabourn Club Host/Hostess on Every Sailing: The onboard Future Cruise Consultant will also serve as the Seabourn Club Host/Hostess.
Savings on Shore Excursions: Savings are not applicable to Seabourn Journeys, private car/driver hires, private arrangements and transfers, as well as optional submarine, optional kayaking, and the optional Image Masters program where offered on the expedition fleet. All eligible shore excursions will receive the savings benefit once a member chooses such benefit as a preference. Depending on the timing of when the member selects this preference, the savings will be applied either online or on board. For online applications, savings on eligible shore excursions pre-purchased on Seabourn.com prior to sailing will show in the ‘cart’ prior to final purchase. For on board applications, savings on shore excursions will be reflected at the time of purchase. If a member purchases shore excursion(s) online prior to selecting this benefit, the savings will be calculated on board and posted to the member’s statement. If a member chooses this benefit and purchases shore excursions, they cannot later change the benefit. Savings are applicable to the member who has chosen the savings as their benefit and to those sharing the suite with the eligible member. Savings cannot be extended to other suites. Other exclusions may apply. Please contact Seabourn for a full list of exclusions.
Savings on Premium Wines and Spirits: Savings are applicable on all premium beverages purchased on board and online. If an online item purchased is not available on board, a comparable substitution will be offered at the savings price. Savings are applicable to the member who has chosen the savings as their benefit and to those sharing the suite with the eligible member. Savings cannot be extended to other suites. Depending on the timing of when the member selects this preference, the savings will be applied either online or on board. For online applications, savings on premium wines and spirits pre-purchased on Seabourn.com prior to sailing will show in the ‘cart’ prior to final purchase. For on board applications, savings on premium wines and spirits purchased on board will show on the member’s shipboard account, NOT on the individual receipt. If a member purchases premium wines and spirits online prior to selecting this benefit, the savings will be calculated on board and posted to the member’s statement. If members choose this benefit and purchase premium wines and spirits, they cannot later change the benefit.
Complimentary Telephone: Complimentary use of telephone up to the number of minutes indicated per membership level. No refund or credits on unused minutes.
Seabourn Club Signature Massage: The Seabourn Club Signature massage is a special 25-minute massage therapy designed exclusively for Seabourn Club members. Only one Seabourn Club Signature Massage can be redeemed per member during a cruise. Reservations can be made online prior to sailing or on board at the Spa. No treatment substitutions are allowed. The treatment is not transferable. No refund or credit for unused benefit.
Day in the Spa at Seabourn Serene Area: Complimentary day use of Serene area in the Spa on Seabourn during regular spa hours. Reservations should be made in advance and are subject to availability.
Upgraded Stream Wi-Fi packages, powered by Starlink limited to two (2) devices per eligible member. Access subject to available Bandwidth, which may be limited by geographical location.
Complimentary Laundry:
Silver Members choosing the laundry benefit, receive one bag of laundry per sailing, regardless of the length of the cruise. Dry Cleaning Alternative, pressing only, and ‘same day service’ is not complimentary and will be charged at regular rates.
Gold and Platinum Members choosing the laundry receive unlimited bags of normal laundry while on board. Dry Cleaning Alternative, pressing and ‘same day service’ is not complimentary and will be charged at regular rates.
Diamond Members receive complimentary laundry and pressing service throughout their cruise. Dry Cleaning Alternative and ‘same day service’ is not complimentary and will be charged at regular rates.
Diamond Elite Members receive complimentary laundry and pressing service throughout their cruise. In addition, Diamond Elite Members will receive one bag of Dry-Cleaning Alternative for every seven days.
Please note, all complimentary Dry-Cleaning Alternative, laundry and pressing must be requested at least two days prior to disembarkation. “Same day service” is not complimentary and will be charged at regular rates.
At Home Benefits
Advance Communication of New Itineraries and Special Offers: To receive special Seabourn Club communications, members must be opted in to receive emails under contact preferences in member’s account profile.
Special Savings on Select Sailings: To receive special Seabourn Club communications, members must be opted in to receive emails under contact preferences in the member’s account profile.
Customizable Online Profile, Account and Preferences at Seabourn.com: Members can register online at Seabourn.com.
Seabourn Advisory Club Membership: To receive special Seabourn Club communications, members must be opted in to receive emails under contact preferences in the member’s account profile.
Savings on Luggage Shipping Service: Members contact Luggage Forward® to provide their name, Club number and Club membership level. Once verified, appropriate savings will be applied.
Advance Invitation to Hosted Sailings: To receive special Seabourn Club communications, members must be opted in to receive emails under contact preferences in member’s account profile.
Subscription to Travel + Leisure®/Condé Nast Traveler: Both magazines are available to eligible members who have a valid U.S. domestic address. At this time, only Condé Nast Traveler is available to members with international addresses, but cannot be mailed to addresses in Ghana, Iran or Nigeria.
Access to dedicated Seabourn Club Concierge: The Seabourn Club Concierge Desk is available to eligible members Monday-Friday between 8am and 5pm PT. For more information, please contact your local office which can be found here.
Seabourn Club Days
During the Program, members will also be awarded one (1) club day (“Club Day(s)”) for each Eligible Sailed Day. Individuals traveling as the third or fourth guest in a suite on an Eligible Sailed Day are eligible to earn Club Day(s).
Seabourn Club Days are awarded at the completion of each cruise. Please note, it can take up to seven to ten days for the Seabourn Club Days to post to your account. Club Days earned are non-transferable and have no cash value, both under any circumstances.
No partial Club Days will be awarded. Pre- and post-cruise land programs such as Seabourn Journeys and hotel stays do not qualify as Eligible Days and therefore do not count towards Club Days. Members leaving the ship mid-cruise to participate in a Seabourn Journey will earn Club Days for the days they were not on board but were participating in the Seabourn Journey.
Redeeming Club Days for Club Award Cruise(s)
Once a member hits the threshold number of Club Days as set forth in the chart below, they are eligible for a sailing on an eligible, complimentary voyage for the length indicated (“Club Award Cruises”). Club Awards exclude Government Taxes and Fees, which are the sole responsibility of the member.
The required number of Club Days required to obtain a Club Award (and its corresponding length) is set forth as follows:
Earned (unused) Club Days Required |
Number of Club Award Cruise Days |
350 Club Days |
7 Club Award Cruise Days |
460 Club Days |
14 Club Award Cruise Days |
570 Club Days |
7 Club Award Cruise Days |
680 Club Days |
7 Club Award Cruise Days |
790 Club Days |
7 Club Award Cruise Days
|
Continuing thereon for every additional 110 Club Days |
7 Club Award Cruise Days
|
Club Award Cruises are non-transferable and have no cash value, both under any circumstances, and apply only to eligible Seabourn cruises. Complimentary Club Award Cruises are subject to availability and blackout voyages or dates may apply. Please note, it can take up to seven to ten days for the Club Award Cruise to post to your account. When a member elects to use a Club Award Cruise award, they must send an email to the appropriate email address designated herein stating that they want to use their available Club Award Cruise days. U.S. members should email SeabournClub@Seabourn.com; UK/EU members should email clubconcierge@seabourn.co.uk; and AU guests should email general.enquiries@seabourn.com.au. From time to time, Seabourn may update the Club Award Cruise redemption process, and members will be required to follow an updated process to book. A Club Award Cruise award may be applied to cruises of more or less than the allotted complimentary days.
If a member elects to use a Club Award Cruise award on a cruise shorter in length than the Club Award Cruise’s length, any difference between the number of days sailed and the corresponding/used Club Award cruise award shall be returned to the Club account. If a member elects to use a Club Award Cruise award on a cruise longer in length than the Club Award’s Cruise length, the Club member is responsible for paying the published per-diem Cruise Fare rate for the days exceeding the applicable Club Award Cruise.
After a member books a Club Award Cruise, their available Club Days will be reduced.
The Club Award Cruise applies towards an entry-level Verdana suite (V1 category) only. If a member wishes to upgrade their suite category, they will be charged the difference in public fares between the suite categories (e.g., if the V1 suite is priced at $5,000 USD and a Penthouse suite on the same voyage is priced at $10,000 USD, the member will have to pay $5,000 USD to sail their Club Award Cruise in a Penthouse suite).
Members do not accrue Club Days on the complimentary Club Award Cruise sailing (but will accrue Club Days on fully paid for Eligible Days added to a Club Award Cruise sailing).
The complimentary Club Award Cruise award applies only to the cruise fare. It does not include fuel supplements, Government Taxes and Fees, airfare, hotels, land packages, transfers, onboard expenses or other optional packages. These are additional and must be paid separately.
Members may cancel their booking for the complimentary Club Award Cruise. If a cancellation occurs, the following schedule will apply to your Club Award Cruise days:
Days Prior to Departure |
Cancellation Fee |
Until 121 days |
No fee |
120-91 days |
15% of Club Award Cruise days applied |
90-61 days |
50% of Club Award Cruise days applied |
60-46 days |
75% of Club Award Cruise days applied |
45 days or less, or non-appearance |
100% of Club Award Cruise days applied |
Days Prior to Departure |
Cancellation Fee |
Until 151 days |
No fee |
150-121 days |
15% of Club Award Cruise days applied |
120-91 days |
50% of Club Award Cruise days applied |
90-76 days |
75% of Club Award Cruise days applied |
75 days or less, or non-appearance |
100% of Club Award Cruise days applied |
Days Prior to Departure |
Cancellation Fee |
Until 181 days |
No fee |
180-151 days |
15% of Club Award Cruise days applied |
150-121 days |
50% of Club Award Cruise days applied |
120-91 days |
75% of Club Award Cruise days applied |
90 days or less, or non-appearance |
100% of Club Award Cruise days applied |
If a voyage booked with Club Award Cruise days is supplemented with a monetary payment (for fares, packages, etc.), the above cancellation schedule does not apply to the monetary portion of the payment; instead, this amount is subject to Seabourn Cancellation Policy
Club Award Cruise days less the cancellation fee assessed will be returned to the member’s Club account. Any cancellation fee that results in a partial Club Award Cruise day will be rounded up. For example, if a member cancels a 7-day Club Award Cruise between 90-61 days prior to departure, four (4) Club Award Cruise days will be credited back to the member’s account. Please note it may take approximately seven to ten days for the returned Club Award Cruise days to post.
Members may purchase SeabournShield® on Club Award Cruise bookings, however certain benefits may be limited (coverage will be limited to post-departure coverage, travel insurance benefits, and sail days or upgrade costs exceeding or in addition to the complimentary Club Award Cruise booking). Please contact the reservation number for your local office, which can be found here.
Club Day Expiration and Program Forfeiture
If you have not sailed with Seabourn at least once within three (3) calendar years of your last disembark date of a Seabourn cruise, you will forfeit all accumulated Club Days. You may not be provided with notice of expiration or forfeiture of Club Days.
If for any reason your Program account is terminated or deleted by Seabourn (including, without limitation, for fraud), your Program membership, Club Level, all Club Days, and all Club Points will be forfeited in their entirety. You may not be provided notice of such expiration or forfeiture, and you are not entitled to compensation from Seabourn or from any other entity if your Club Days expire or are forfeited for any reason.
Promotions
From time to time, Seabourn, or others acting with Seabourn’s permission, may award Club Days or Club Points for certain types of actions or for other reasons for a limited period of time (“Promotional Club Days/Points”). Promotional Club Days/Points will contribute towards reaching complimentary Club Award Cruise and Club Level. In such instances, Promotional Club Days/Points will be awarded/redeemed as described in their promotional offer and will be subject to any additional terms set forth in such promotional offer.
Miscellaneous Loyalty Program Details
You can view certain Program activity on your online Seabourn account and only on your online Seabourn account, including, without limitation, Club Points, Club Days, and available Club Award Cruise(s), if any. If your password or other proprietary information about your Seabourn account is lost or stolen, or if the e-mail account associated with your Seabourn account is compromised, please contact Seabourn. Seabourn will not be liable for refunds or for damages resulting from failure to deliver any of the Program benefits because of such issues or compromises. Each Program member shall be responsible for advising Seabourn Club of changes to their contact information; Seabourn is not responsible or liable for any Club Days, Club Points, Club Award Cruise, or Club Level Benefits redeemed or used on your Seabourn account through a lost or stolen password, a compromised e-mail account, or misdirected mail or any consequences thereof. If you have a problem or question regarding the Program or your Seabourn account, send an e-mail to the e-mail address SeabournClub@Seabourn.com. If you do not wish to participate in this Program, please opt out using My Account or email your local office (U.S. members
Please email SeabournClub@Seabourn.com; UK/EU members please email clubconcierge@seabourn.co.uk; and AU guests please email general.enquiries@seabourn.com.au.
Cancelled reservations do not earn Club Day or Club Points and do not qualify for Club Award Cruise(s) or Club Level placement.
These Program Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Program Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary, and the remaining provisions shall be enforced in full force and effect. Seabourn reserves the right to terminate your access to and ability to participate in the Program (or any portion thereof), deactivate your Seabourn account, and/or immediately invalidate all or any portion of your Club Days or Club Points for any reason and at any time in Seabourn’s sole discretion, including (without limitation) in the event of fraud, a violation of these Program Terms, or other acts/omissions that Seabourn deems unacceptable (with or without notice). These rights are in addition to any other legal or equitable remedy that may be available to Seabourn under applicable law.
Limitation of Liability
IN NO EVENT SHALL SEABOURN, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE PROGRAM, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF SEABOURN OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SEABOURN’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. IN NO EVENT SHALL THE TOTAL LIABILITY OF SEABOURN TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
If you are a resident of Germany, the following applies: Notwithstanding anything to the contrary in these terms, any exclusion or limitation of liability in these terms shall not apply (a) in cases of intent or gross negligence; (b) for injury to life, body or health; (c) if Seabourn has fraudulently concealed a defect or assumed a guarantee; (d) for liability under the German Product Liability Act; or (e) for breach of essential contractual duties (i.e. duties fundamental to the proper performance of these terms). In the case of slight negligence, Seabourn’s liability for such breaches is limited to typical and foreseeable damages.
Dispute Resolution, Binding Arbitration, Class Action Waiver
Use of this Site, the Website Terms & Conditions, the Program Terms and the Privacy Policy shall be governed by and construed in accordance with Washington law, without giving effect to any principles of conflicts or choice of law provisions. Any dispute arising out of or relating to use of this Site, the Website Terms & Conditions, the Program Terms, and the Privacy Policy shall be pursued only in King County, Washington, and you hereby consent to the personal jurisdiction in such venue. By using this Site and participating in the Program, you agree to arbitrate any and all disputes by binding arbitration administered by the American Arbitration Association (www.adr.org).
WAIVER OF CLASS ACTION: THESE TERMS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE RESOLVED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION. NOR SHALL AN ARBITRATOR HAVE ANY AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SHALL SUCH CLAIM NOT BE SUBJECT TO ARBITRATION.