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Seabourn Cruise Contract
IMPORTANT NOTICE TO GUESTS: PLEASE CAREFULLY READ THE FOLLOWING CRUISE CONTRACT TERMS THAT GOVERN ALL DEALINGS BETWEEN YOU AND CARRIER, AFFECT YOUR LEGAL RIGHTS AND ARE BINDING ON YOU, TO THE FULL EXTENT PERMITTED BY LAW; PARTICULARLY SECTION 12 GOVERNING THE PROVISION OF MEDICAL AND OTHER PERSONAL SERVICES, SECTIONS 13 AND 14 LIMITING CARRIER'S LIABILITY FOR YOUR DEATH, ILLNESS, INJURY, OR DAMAGE CLAIMS RELATING TO BAGGAGE OR PERSONAL PROPERTY, AND SECTION 15 LIMITING YOUR RIGHT TO SUE, AND REQUIRING ARBITRATION AND WAIVER OF JURY TRIAL FOR CERTAIN CLAIMS.
THIS CONTRACT ALSO INCLUDES THE CONDITIONS UNDER WHICH CARRIER BOOKS AIR TRANSPORTATION IF YOU ARE PARTICIPATING IN CARRIER’S AIR PACKAGE. IF ANY OF THESE CONDITIONS DO NOT MEET WITH YOUR APPROVAL, YOU HAVE THE OPTION OF ARRANGING AIR TRANSPORTATION INDEPENDENTLY IN WHICH EVENT, THE AIR OR ADD-ON OR CRUISE ONLY CREDIT AMOUNT PAID TO PROVIDER WILL BE REFUNDED.
1. INTRODUCTION; DEFINITIONS; GOVERNING LAW.
Upon booking the Cruise,Land Trip(s) and/or Air Package, each Guest named on the booking confirmation or statement explicitly agrees to the terms of this Cruise Contract. Any Guest booking or purchasing the Cruise, Land Trip(s) and/or Air Package represents that he or she is authorized by all accompanying Guests to accept and agree to all the terms and conditions set forth herein.
You acknowledge and agree that, except as otherwise expressly provided herein, the resolution of any and all disputes between Carrier and any Guest, shall be governed exclusively and in every respect by the general maritime law of the United States, without regard to its choice of law principles, except in cases involving death arising outside the United States which shall be governed exclusively by the Death on the High Seas Act, 46 U.S.C. § 30301, et seq. To the extent such maritime law is not applicable, the laws of the State of Washington (U.S.A.) shall govern the contract, as well as any other claims or disputes arising out of that relationship. You agree this choice of law provision replaces, supersedes and preempts any provision of law of any state or nation to the contrary.
This Cruise Contract constitutes the entire understanding and agreement between You and Seabourn Cruise Line Limited, a Bermuda company, as applicable to your Cruise, Land Trip or Air Package ("Carrier"), and supersedes any other prior oral, implied, written or other representations or agreements between You and Carrier except that in the event of a direct conflict between a provision of this contract and a provision of the Cruise Industry Passenger Bill of Rights (PBOR) in effect at the time of booking, the PBOR controls. This Cruise Contract governs the relationship between You and Carrier, whether the Cruise is purchased by You or on Your behalf, and can only be modified by a subsequent writing signed by Carrier. You may not sell, assign or transfer this Cruise Contract and no person other than that named on the boarding pass may use the boarding pass. Any portion or provision of this Cruise Contract which is invalid, illegal or unenforceable shall be ineffective only to the extent of such invalidity, illegality or unenforceability and, except as noted in Section 15(B)(ii) below, shall be severed from this Contract without affecting in any way the remaining provisions of the Cruise Contract which shall remain in full force and effect.
You and Carrier agree and intend that certain third party beneficiaries derive rights and exemptions from liability as a result of this Cruise Contract. Specifically, all of Carrier’s rights, exemptions from liability, defenses and immunities under this Cruise Contract (including, but not limited to, those described in Sections 4, 6, 7, 12, 13, 14, 15, and 17) will also inure to the benefit of the following persons and entities who shall be considered “Carrier” only for purposes of such rights, exemptions from liability, defenses and immunities: Carrier’s employees and agents, the Alaska Railroad Corporation, the Ship, the Ship’s tenders, the Ship’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, independent contractors, physician and medical personnel, retail shop personnel, health and beauty staff, fitness staff, photographers, shore excursion providers, tour operators, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires.
“Cruise” refers to the specific cruise indicated on the booking confirmation or statement, as it may be modified by Carrier under this contract, and shall include periods during which You are embarking or disembarking the Ship and any activities, shore excursions, tours, or shoreside facilities related to or offered during the Cruise.
“You,” “Your” and “Guest” mean the person(s) booking or purchasing the Cruise (including, where applicable, the Land Trip and/or Air Package) or named on the booking confirmation or statement and persons in their care, including any minor, and their heirs, relatives, successors in interest, and personal representatives.
“Ship” refers to the ship that will provide the ocean transportation portion of the Cruise.
“Air Package” refers to air transportation booked for You by Us to enable You to travel to and from Your Cruise.
“Land Trip” refers to a pre- or post-Cruise package or transfer You have purchased (excluding any Air Package), or to a shore excursion You purchase during Your Cruise, on which You are traveling on one or more motorcoaches, dayboats and/or railcars owned or operated by us. “Land Trip” also refers to any visit by You to Half Moon Cay (on the island of Little San Salvador) in the Bahamas (“Half Moon Cay”).
“Refund Amount” refers to that portion of the Cruise, Land Trip or Air Package fare which has actually been received by us. A portion of your fare was retained by or paid to your travel agent to compensate the agent for their services. The Refund Amount does not include the portion of the fare retained by or paid to your agent. You are solely responsible for obtaining the refund of these retained or paid amounts. Any refund to you will be made only in the currency received by Carrier and in the country in which the fare has been paid and subject to any foreign exchange regulations in force in that country.
“Taxes, Fees & Port Expenses” as used by Carrier, may include any and all fees, charges, tolls and taxes imposed on us by governmental or quasi-governmental authorities, as well third party fees and charges arising from a vessel's presence in a harbor or port. Taxes, Fees & Port Expenses may include U.S. Customs fees, head taxes, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, pilotage, air taxes, hotel or VAT taxes incurred as part of a land tour, immigration and naturalization fees, and Internal Revenue Service fees, as well as fees for navigation, berthing, stevedoring, baggage handling/storage and security services. Taxes, Fees, & Port Expenses may be assessed per guest, per berth, per ton or per vessel. Assessments calculated on a per ton or per vessel basis will be spread over the number of guests on the Ship. Taxes, Fees & Port Expenses are subject to change and Carrier reserves the right to collect any increases in effect at the time of sailing even if the fare has already been paid in full.
2. GUESTS’S OBLIGATIONS.
Carrier shall not be liable for refund, payment, compensation or credit of any kind, nor damages resulting from Your failure to comply with any of the requirements set forth above.
3. NOTICE CONCERNING SAFETY AND SECURITY.
Carrier visits a large number of ports in numerous countries around the world. At any given moment there are likely to be "trouble spots" in the world in terms of war, terrorism, crime, Act of God, civil commotions, labor trouble, and/or other potential sources of harm. Local conditions and infrastructure may also create hazards to Guests while off the ship. Accordingly, it may be necessary to change, cancel or terminate the scheduled cruise or any activities related to the Cruise and/or Land Trip(s), including without limitation shore excursions and port visits. Although Carrier endeavors to provide reasonable protection for Your comfort and safety onboard its ships, motorcoaches, dayboats and/or railcars owned or operated by us, Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime or other potential sources of harm. Carrier reminds all Guests that they must ultimately assume responsibility for their actions while ashore. The United States Department of State and other similar government agencies regularly issue advisories and warnings to travelers giving details of local conditions in specified cities and countries according to such agency's perception of risks to travelers. Carrier strongly recommends that Guests and their travel agents obtain and consider such information when making travel decisions. Although unlikely, the Ship may be confronted by actual or threatened war, warlike operations or hostilities. Carrier has the absolute right and sole discretion to respond to safety concerns of any kind, including but not limited to sailing with or without lights, deviating from customary practices or rules and regulations concerning navigation, cargo or other matters in time of peace, or sailing armed or unarmed and with or without convoy.
There are risks inherent to being aboard the Ship and other means of transportation. These include, by way of example, having to evacuate the Ship or other means of transportation in case of emergency, having to move about on the Ship or other vessels during rough seas and lack of access to full medical services. For people who are ill or who have a mental or physical disability or impairment, these risks are more significant. For example: access to all parts of the Ship, other means of transportation or to facilities on shore may be difficult or impossible for some guests. In addition, medical evacuations during the Cruise whether at sea, by tender, or by deviating from the scheduled itinerary, may create an increased risk of harm and may not be feasible for a variety of reasons. We reserve the right to determine, in our sole discretion exercised in good faith, whether and when a medical evacuation from the Ship will occur.
4. RIGHT TO REFUSE BOOKING AND PASSAGE, CANCEL RESERVATION; CONFINE YOU TO STATEROOM OR DISEMBARK YOU.
Carrier reserves the right to refuse booking of passage on a Cruise and/or Land Trip to any person or to cancel Your existing Cruise and/or Land Trip reservation for any lawful reason. Any person(s) refused booking or passage in advance of the scheduled sailing or pre-cruise Land Trip by Carrier will be given a refund of their Refund Amount. Carrier may without liability for refund, payment, compensation or credit, except as provided herein, disembark or refuse to embark You, confine You in a stateroom, quarantine You, restrain You, change Your accommodations or disembark You at any time if, in the sole opinion of Carrier, the Captain or any doctor, You or any minor or other person in Your care during the Cruise and/or Land Trip(s), are unfit for any reason for the Cruise and/or Land Trip(s), or Your presence might be detrimental to Your health, comfort or safety or that of any other person, or in the judgment of the Captain is advisable for any reason. Carrier reserves the right to request a letter from Your physician attesting to Your fitness to travel, but by requesting such letter does not waive its right to disembark or refuse to embark You as set forth in this Section. Except as otherwise provided, if You are required to remain on board the ship or elsewhere, due to injury, illness, or disability, or due to action of any government or authority, or for any other reason not the fault of Carrier, You must pay or reimburse Carrier for all resulting costs and expenses including for food, transportation, accommodation, medical and/or repatriation services for You or those accompanying You. If You become unfit to travel for any reason during the Cruise and/or Land Trip(s) and/or You disembark early, or if You are refused passage, or Your reservation is cancelled if You book a cruise after Carrier has advised You that You are no longer allowed to sail, Carrier shall not be liable for any refund, payment, compensation, or credit of any kind.
5. ELIGIBILITY REQUIREMENTS; DRINKING; GAMING.
All persons under 18 years of age must be accompanied and supervised by a parent or guardian. No Guest under the age of 21 may purchase, possess or consume alcohol during the Cruise. No Guest under the age of 18 shall be permitted to engage in any gaming activities on board the Ship. Each Guest agrees and warrants that he/she will supervise any guest in his/her care at all times to ensure all policies, along with all other rules of the Carrier and ship, are strictly adhered to by all Guests under their supervision.
Guests who will enter the 24th week of pregnancy by the last day of the Cruise agree not to book the Cruise or to board the vessel You further agree to abide by all age, gender or other eligibility requirements applicable to any other activities, services or facilities available during the Cruise, including but not limited to those associated with use of any spa facilities, and to ensure that You supervise the use of any such facilities by any minor in your care. There may be age restrictions applicable to activities on the ship and ashore, which are established for the safety and well-being of all participants. Carrier and all independent contractors, as the case may be, reserve the right to revise eligibility requirements for activities during the Cruise or ashore for safety or other lawful reasons from time to time, and with which each Guest agrees to comply.
6. CANCELLATION BY YOU, REFUND, RECOMMENDATION FOR TRAVEL INSURANCE/PROTECTION AND YOUR TRAVEL AGENT
If not already received, You can obtain the applicable brochure for the Cruise from Your travel agent or us. You can also obtain the most current information on Carrier’s website. For Seabourn Cruises, You should familiarize Yourself with the Exclusive Travel Planner and the Frequently Asked Questions page on Seabourn’s website (www.seabourn.com/luxury-cruise-vacation-planning/Planning-And-Advice.action?tabName=Frequently+Asked+Questions). Please be advised, however, that if the brochure, booklet or website is inconsistent with this contract, this contract will be controlling. Since a cancellation likely means a diminished opportunity to sell space on other Cruises, these fees apply regardless of whether Your space is resold. You hereby agree that losses sustained by us in the event of Your cancellation would be very difficult or impossible to quantify, and that the fees set forth in our cancellations policy represent a fair and reasonable assessment as liquidated damages.
Cancellation fees apply to the entire cruise booking, including cruise fare, air add-ons, ground transfers, pre-cruise and post-cruise hotel and tour packages, excluding Taxes, Fees and Port Expenses. If any non-cruise components are cancelled, You will be responsible for any cancellation fees imposed by the airlines, other transportation carriers, other tour and ground operators, and other hotel properties. You are not entitled to any refund, payment, compensation or credit except as otherwise provided in this Section. Any refunds (except for amounts paid for Cancellation Protection Plan) will be made directly to the method of payment You used at the time of booking or Your travel agent and You must receive Your refund directly from these sources. Guests who cancel in writing as set forth below within the dates shown below for any reason, including medical or family reasons, are subject to the following per-person cancellation fees, as applicable:
Cruises 25 Days or Less:
Cruises of 26 Days or More:
CANCELLATION POLICY EXCEPTION: If you have purchased a specially priced promotion that is 100% non-refundable from the point of payment, You are not entitled to any refund, payment, compensation or credit whatsoever of Your gross fare if You cancel Your booking.
Name changes require the prior approval of Carrier and may not always be possible. Name changes and departure date changes are considered reservation cancellations and are subject to cancellation fees.
Travel Insurance/Protection : Carrier strongly recommends that You obtain Your own insurance and/or travel protection against loss or damage to baggage and personal effects, trip cancellation and emergency evacuations, accidental death or injury, illness and medical expenses sustained or incurred in connection with Your Cruise and/or Land Trip(s).
Travel Agent : Your travel agent acts for You in making the arrangements for Your Cruise and/or Land Trip(s). Carrier is not responsible for any representation or conduct of Your travel agent, including but not limited to, any failure to remit Your deposit or other monies to Carrier, for which You shall at all times remain liable to Carrier, or any failure to remit a refund from Carrier to You. You acknowledge that Your travel agent acts solely as Your agent, and not as agent for Carrier, and is deemed as Your agent. Further, receipt by Your travel agent of this Cruise Contract or any other communications, notices or information from Carrier shall constitute receipt of such materials by You. You agree Carrier is not responsible for the financial condition or integrity of any such travel agent. In the event that Your travel agent fails to remit to us any monies paid by You to the agent, You remain liable for the monies due Carrier, regardless of whether Carrier demands payment.
7. RIGHT TO DEVIATE FROM SCHEDULED ROUTE, CHANGE PORT OF EMBARKATION/DISEMBARKATION, SUBSTITUTE TRANSPORTATION, CANCEL CRUISE AND ACTIVITIES, AND CHANGE OR OMIT PORTS OF CALL; SUBSTITUTION.
Except as otherwise provided, Carrier may, for any reason, without prior notice, cancel the Cruise and/or Land Trip(s); deviate from the scheduled ports of call, route and timetable; call or omit to call at any port or place or cancel or modify any activity on or off the Ship; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property; or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten the Cruise and/or Land Trip(s), or substitute ships, aircraft or other transportation or lodging. Accordingly, You should not make any important arrangements or meetings based on the scheduled Cruise and/or Land Trip(s) which may change without liability to Carrier. Furthermore, the Master of the ship as well as the operator of any other means of transportation may, in his/her 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 Ship.
In the case of mechanical failures that cause the scheduled cruise to be cancelled, You are entitled to a full refund of the Refund Amount; or for mechanical failures that cause a cruise to be terminated early, a partial refund, travel expense to transport You to the scheduled port of disembarkation or Your home city at Carrier's discretion, and overnight lodging if an unscheduled stopover is required. You shall have no claim against Carrier, and Carrier shall not be liable for damages or a refund of the Refund Amount, any portion thereof, or other refund, payment, compensation or credit of any kind; nor for hotel or meal charges, travel expenses or other loss, delay, inconvenience, disappointment or expense whatsoever, which shall be the Guest's responsibility, whenever the cancellation or change was otherwise beyond Carrier's exclusive control. Carrier's non liability extends without limitation to any of those causes described in Section 14(B) and/or inclement weather; health, medical or environmental considerations; labor, political or social disturbances or unrest; or operational, commercial or safety reasons; or was based on a good faith belief by the Carrier or the Ship's Captain that the Cruise or any portion thereof might endanger the vessel or expose any person or property to loss, injury, damage or delay. Except as provided above for mechanical failures, whenever the performance of the Cruise is hindered or prevented by any cause or circumstance whatsoever, the Cruise may be terminated and You may be landed with no further liability of the Carrier for refund, payment, compensation or credit of any kind. Notwithstanding the foregoing, we are not obligated to issue any refund to you in the event of a cancelled Land Trip to Half Moon Cay.
If, and only when, the cancellation or change was for reasons other than described in the preceding paragraph, and was within the exclusive control of Carrier, You agree the liability of the Carrier, if any, shall nonetheless be limited as follows:
Under no circumstances shall the Carrier be or become liable for consequential or other damages of any kind sustained by any Guest except as expressly provided herein.
8. YOUR RESPONSIBILITY TO INFORM CARRIER OF SPECIAL NEEDS.
Due to the risks inherent in travel by sea, as described in Section 3 of this Cruise Contract, if You have any special medical, physical or other requirements, You, Your travel agent, or any person booking on Your behalf is requested to inform Carrier in writing at the time of booking of any special need or other condition for which You or any other person in Your care may require medical attention or accommodation during the Cruise and/or Land Trip(s) or for which the use of a wheelchair or service animal is contemplated or necessary. If any such special need or condition arises after You have booked the Cruise and/or Land Trip(s), You are requested to report it in writing to Carrier as soon as You become aware of it. Guests acknowledge and understand that certain international, foreign or local safety requirements, standards, and/or applicable regulations involving design, construction or operation of the vessel, docks, gangways, anchorages or other facilities on or off the vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Guests requiring the use of a wheelchair must provide their own as Carrier's wheelchairs carried on board the vessel are for emergency medical use only. You acknowledge and agree Carrier may disembark or refuse to embark You or anyone under Your care as set forth in Section 4 above. In limited situations where You would be unable to satisfy certain specified safety and other criteria, even when provided with appropriate auxiliary aids and services, we reserve the right to refuse permission to participate in all or part of the Cruise.
During your Cruise, we are transporting you and your property only between ports of call. At ports where the Ship is unable to dock, we will arrange for appropriate transportation from the place where the Ship is at anchor to the dock. Persons with mobility impairments traveling on a Seabourn Ship should refer to the Accessible Cruising section of the Frequently Asked Questions page on Seabourn’s website (http://www.seabourn.com/luxury-cruise-vacation-planning/Planning-And-Advice.action?tabName=Frequently+Asked+Questions&contentMenu=Accessible+Cruising) or the Exclusive Travel Planner for Seabourn cruises regarding limitations on our ability to help you go ashore.
9. NO ANIMALS.
No pets or other animals are allowed on the Ship at any time except for certain necessary service animals of a Guest with a disability, which require written notification to the Carrier at the time of booking Your Cruise and/or Land Trip(s) and Carrier's written approval. You agree to accept responsibility, reimburse and/or indemnify Carrier for any loss, damage or expense whatsoever related to the presence of any service animal brought on the Cruise and/or Land Trip(s). You further agree to determine and meet any documentary or other requirements related to the animal.
10. UNAUTHORIZED STOPOVER OR DISEMBARKATION.
Unauthorized stopover or disembarkation or failure to make any sailing of the Ship at any port shall be at Your sole risk and expense, You may be denied subsequent boarding, and You will not be entitled to any refund, payment, compensation or credit of any kind. If You plan to disembark the vessel and/or to off load packages, boxes or baggage before Your authorized port of call, You must advise the Seabourn Square no later than the day before arrival in that port to arrange an inspection of You and/or Your belongings by local customs authorities. Should You fail to comply with this requirement and You and/or Your belongings are not presented for inspection, You may be assessed monetary penalties by local authorities. Furthermore, You agree to assume and/or reimburse Carrier for any expenses or fines that may be incurred as a result of such noncompliance. You acknowledge that for round trip cruises commencing in a country that stop in other ports of that country, You may visit but may not permanently disembark in any port in that country other than the port of embarkation. If You do disembark in a different port in that country, a fine or penalty may be imposed by that country’s government. In consideration of the fare paid, You hereby agree to pay any such fine or penalty imposed because of your failure to complete the entire Cruise.
11. RESPONSIBILITY TO COMPLY WITH LAW AND REGULATIONS, RULES OF SHIP; NO SOLICITATION.
You shall be responsible for complying with the requirements of all immigration, port, health, customs, and police authorities, and all other laws and regulations of each country or state from or to which You will travel, as well as this Cruise Contract. You must at all times obey all the rules, regulations and orders of the Ship, Carrier and the Captain. You shall not solicit other Guests for commercial purposes or advertise goods or services without Carrier's prior written permission. You may be disembarked without liability for refund, payment, compensation or credit of any kind if You or any Guest for whom You are responsible violate any of these requirements, and agree to assume and/or reimburse Carrier for any expenses or fines that may be incurred as a result of such noncompliance.
12. HEALTH, MEDICAL CARE AND OTHER PERSONAL SERVICES.
Due to the nature of travel by sea and the ports visited, the availability of medical care may be limited or delayed and emergency medical evacuation will not be possible from every location to which the Ship sails. All health, medical or other personal services in connection with Your Cruise are provided solely for the convenience and benefit of Guests who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the Ship or elsewhere at Your sole risk and expense without liability or responsibility of Carrier whatsoever, and agree to indemnify the Carrier for all medical or evacuation costs or expenses incurred on Your behalf. Doctors, nurses or other medical or service personnel work directly for Guest and shall not be considered to be acting under the control or supervision of Carrier, since Carrier is not a medical provider. We do not undertake to supervise the medical expertise of any such medical personnel and will not be liable for the consequences of any examination, advice, diagnosis, medication, treatment, prognosis or other professional services which a doctor or nurse may or may not furnish You. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers, entertainers and other service personnel shall be considered independent contractors who work directly for the Guest.
13. BAGGAGE AND PERSONAL EFFECTS, LIABILITY LIMITATIONS, INSPECTION.
You may take a reasonable amount of luggage on board containing only Your personal effects, which shall include suitcases, trunks, valises, satchels, bags, hangers containing clothing, toiletries and other personal effects necessary for the Cruise and/or Land Trip(s). If You travel by air or other transportation the terms and conditions of the airline or other transportation provider apply to Your carriage on those conveyances. You may not take on board firearms, controlled or prohibited substances, inflammable or hazardous items, any other items prohibited by applicable law, or any other item Carrier deems in its sole discretion to be detrimental to the safety, security, comfort or well-being of any person. This list is subject to change without notice; You should contact Carrier for questions regarding the potential prohibition of any other item. You agree Carrier has, at all times with or without notice, the right to enter and search Your stateroom, personal safe or storage spaces, or to search You, Your baggage and/or personal effects at any location.
You agree that Carrier's liability for loss or damage to baggage or personal property is limited to U.S. $250 per guest or U.S. $3,000 if You purchased SeabournShield. In no event shall Carrier be liable for normal wear or tear of Your property or baggage. Carrier does not undertake to carry as baggage any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Carrier within any receptacle or container as baggage, and release Carrier from all liability whatsoever for loss of or damage to such items when presented to the Carrier in breach of this warranty. Such items must be shipped to Your destination by other means. Guests are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others.
Carrier shall not be liable for any loss or theft of or damage to or disposition of cash, securities, negotiable instruments, jewelry, gold, silver or similar valuables or precious stones, works of art, electronics, computers (whether handheld, laptop or other), DVD players or digital or flash drive computer equipment, disks, memory cards or other electronic storage, handheld or similar devices, cellular telephones, cameras, video or audio tapes, CDs, binoculars, recreational equipment, dental hardware, cosmetics, electric hair appliances, liquids, luggage locks, eyewear (including eyeglasses, sunglasses and contact lenses), hearing aids, medications, medical equipment, wheelchairs, scooters, liquor or other alcoholic beverages, cigarettes, tobacco products or business or other documents under any circumstances, whether carried within Your luggage or otherwise. You may use the safe in Your stateroom. However, You agree use of the stateroom safe will not increase Carrier's liability as provided in this Cruise Contract.
You agree that baggage or property, including all lost and found items retained by Carrier or delivered by You to Carrier, which remains unclaimed in writing for more than 90 days after Your disembarkation shall be deemed abandoned and the sole property of Carrier and you relinquish any claim thereto. You further agree to pay all fees and expenses incurred by Carrier to deliver any such items that are claimed by You, Carrier assumes no responsibility whatsoever for otherwise delivering any such items or delivering items that are prohibited by law.
14. LIMITATIONS ON CARRIER'S LIABILITY; INDEMNIFICATION.
15. NOTICE OF CLAIMS AND ACTIONS; TIME LIMITATION; ARBITRATION; FORUM; WAIVER OF CLASS ACTION.
The following provisions are for the benefit of the Carrier and certain third party beneficiaries as set forth above in Section 1:
16. FACIAL RECOGNITION SOFTWARE; USE AND DISPLAY OF LIKENESS; PERSONAL DATA; PRIVACY NOTICE; PUBLIC WIRELESS SERVICES.
You grant Carrier and its licensees the right to use Your photograph/voice/indicia taken during Your Cruise and/or Land Trips in any fashion for any purpose in all media now known or hereafter devised without any limitations whatsoever. Professional photographers photograph Guests, process, display and sell such photos to You and other Guests. Carrier may utilize closed circuit television or other surveillance means on board the Ship. You agree You may provide personal data to Carrier that may include Your name, street or email address, date of birth, passport, financial account, and/or telephone numbers, likeness, photograph or other information which would identify You personally. You may also provide Carrier or others certain sensitive data such as Your health, medical condition, dietary or religious restrictions, gender or sexual orientation. You agree Carrier may (a) keep Your personal and sensitive data ("PSD"); (b) use it in its business worldwide in accordance with its privacy policies; (c) share it with Carrier's affiliated/related companies, and (d) subject it to processing worldwide provided Carrier's safeguards are used. You agree any PSD You provide to Carrier in the European Economic Area ("EEA") may be used, processed and transferred within and outside the EEA and specifically to the U.S.
You agree Carrier may disclose Your PSD to unaffiliated third parties: (a) after You request or authorize it; (b) to help complete a transaction for You; (c) to comply with law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas; (d) to enforce this Cruise Contract or other agreements, or to protect the rights, property or safety of Carrier or others; (e) as part of a purchase, transfer or sale of services or assets (f) when provided to our agents, outside vendors or service providers to perform functions on our behalf; or (g) as described in Carrier's policies, as amended from time to time.
You expressly agree not to use any photograph, video recordings and other visual or audio portrayals of You and/or any other Guest in combination with crew or the Ship, or depicting the Ship, 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, but is not required to, make wireless Internet or telephone access ("Wireless Services") available as a convenience; Carrier accepts no responsibility for interruptions in its service. You agree to use Wireless Services at Your own risk; Carrier shall not be liable in any manner for resulting claims (including without limitation lack of privacy), losses or damages. Using Wireless Services is public; information sent or received is not guaranteed to be private. Your PSD may be available to third parties. By using Wireless Services You agree Carrier may monitor, record, intercept and disclose any transmissions and may provide to others all information relating to all Wireless Services (e.g., billing, account, or use records), in its sole discretion or as required by law.
17. AIR PACKAGE
A. Arrangements by Carrier: If You are participating in our Air Package, we will arrange for air transportation from the home cities listed in our brochure to the departure point of your Cruise and return air transportation from the termination point of Your Cruise to the home city from which You departed. Due to the special fares and capacity controls we have with airlines, we retain the right to select carriers and determine routings. Some routings may involve travel to an airport other than in the city where the Ship embarks or disembarks. In those cases, motorcoach transportation to and/or from the Ship will be provided. Flight schedules and/or availability may require overnight hotel accommodations either to join and/or to return from Your Cruise. Please refer to Carrier’s website or the applicable brochure regarding our policies on booking hotels and responsibility for the costs of hotels and associated services.
B. Schedule Changes/Air Delays: We reserve the right to change or alter air flights as required by airline schedule changes. If tickets have already been issued, we will adjust Your itinerary or air carrier, accordingly. In that event, we may ask You to return Your tickets to Your travel agent. Should You choose to alter your airline schedule in any way once Your tickets have been issued, airline charges which result will be Your responsibility. If our assistance is requested in changing airline arrangements within 60 days of departure, an additional administrative charge will be levied in addition to any charges imposed by airlines. If You are traveling on a Seabourn Ship, and Your flights are delayed, please ask the airline to immediately advise Seabourn’s Air/Sea Department, or call us Yourself at 1-866-530-2195 or 1-206-626-9185.
C. Refunds/Seat Assignments/Special Services/Fares/Lost Tickets/Baggage Charges: The maximum refund to You for unused flight coupons will not exceed the air add-on or cruise only credit amount paid to us. We cannot make or confirm seat assignments, special meals or other special services. Your travel agent may assist with these arrangements. Please note that because of changing airline tariffs, Your actual air ticket may reflect fares higher or lower than the air add-on or cruise only credit amounts shown in the applicable brochure. If so, the difference is neither chargeable nor refundable to You. If, however, airline fuel or other surcharges or additional governmental taxes or levies are imposed, we reserve the right to pass these through to You. Please keep your airline tickets in a safe place. Should they be lost, You will be responsible for their replacement. Each airline has its own baggage allowance policy. You are responsible for any excess baggage charges imposed by airlines.
D. Liability and Relationship With Airlines: We will use our best efforts to arrange for Your air transportation. If, however, due to any cause beyond our control, we are unable to arrange for air transportation (including, for example, because of capacity controls placed upon us by airlines due to the types of fares under which we book) or the air transportation we arrange is unavailable or otherwise fails to materialize, our sole liability will be limited to refunding the air add-on paid or cruise only credit. Our relationship with airlines is that of an independent travel agent. We assume no liability for any acts or omissions of any airline including, without limitation, those involving cancellation of flights, schedule changes, re-routings, damage to or delay or loss of baggage, flight delays, equipment failures, accidents, pilot or other staff shortages, overbooking or computer errors. Accordingly, You will not have any right to claim or recover against us as a consequence of any act or omission of any airline. The liabilities and obligations of an airline to You, and Your rights against an airline, are subject to any and all terms and conditions of the airline's ticket and tariffs and any and all governmental laws and regulations bearing upon or otherwise relating to such rights, liabilities and obligations.
Passenger Bill of Rights
INTERNATIONAL CRUISE LINE PASSENGER BILL OF RIGHTS
The Members of the Cruise Lines International Association are dedicated to the comfort and care of all passengers on oceangoing cruises throughout the world. To fulfill this commitment, our Members have agreed to adopt the following set of passenger rights:
Website Terms & Conditions
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SEABOURN WEBSITE TERMS AND CONDITIONS
These are the terms and conditions under which we offer you access to our website (site). Please read them carefully. Additional terms and conditions may apply to reservations, purchases of goods and services, downloads from and other uses of portions of this site. Seabourn (we/us/our(s)) reserves the right to revise these terms and conditions, and any other agreements, policies or terms incorporated by reference herein, and any other agreements, policies or terms incorporated by reference, at any time without notice. By using this site subsequent to the revision, you agree to be bound by such changes. Your use of our site will be considered to be your acceptance of these terms and conditions and any of the additional terms and conditions. If you find the terms and conditions to be unacceptable, you must immediately terminate your use of our site.
2.1 Except as expressly provided in this section, nothing contained in this site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights. No part of this site (including, without limitation, text, graphics, button icons, audio and video clips, digital downloads, data compilations or software) may be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed in any way, nor may any derivative works be made from materials on this site, without written authorization from Seabourn. This prohibition extends to the use of any such material on any other website or computer network environment. It also means that you may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the material found on this site, without the prior written authorization of Seabourn.
2.2 Seabourn considers its compilation of links to Internet resources, the description of those resources and the information contained within this site to be copyrighted material. You are not authorized to copy, reproduce or modify any portion of Seabourn's site without prior written authorization.
2.3 Seabourn and its affiliates own all right, title and interest in an to all trademarks, service marks, and trade names included in this site. The trademarks and the copyrighted materials of Seabourn may not be used in advertising or publicity without prior written permission of Seabourn. If you have reason to believe that any person, company or business has infringed Seabourn's trademark rights or improperly used Seabourn's copyrighted materials, please notify the Legal Department at Seabourn's Seattle office at Trademarks@seabourn.com.
3. LICENSE FOR TRAVEL AGENCIES AND MEDIA COMPANIES
4. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
4.1 TO THE EXTENT PERMITTED BY LAW, THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
4.2 THE MATERIALS ON THIS SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL OR CLERICAL ERRORS.
4.3 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEABOURN AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
4.4 SEABOURN DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE AVAILABLE IN ALL LOCATIONS, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4.5 SEABOURN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, APPROPRIATENESS, OR OTHERWISE. YOU (AND NOT SEABOURN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
4.6 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL SEABOURN, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, FOR EXAMPLE, FOR LOST PROFITS OR LOST OPPORTUNITY), THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF SEABOURN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THE TERM "DAMAGES" INCLUDES WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. IN NO EVENT SHALL SEABOURN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
4.7 SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR THE EXCLUSION OF IMPLIED WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4.8 THIS SITE MAY CONTAIN LINKS TO OTHER WEBSITES WHICH ARE COMPLETELY INDEPENDENT OF THIS SITE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR AUTHENTICITY OF THE INFORMATION OR OPINIONS CONTAINED IN ANY SUCH LINKED WEBSITE, AND ANY LINK TO ANOTHER WEBSITE SHALL NOT IN ANY MANNER BE CONSTRUED AS AN ENDORSEMENT BY US OF THAT WEBSITE, OR OF THE PRODUCTS OR SERVICES DESCRIBED OR THE OPINIONS OF THIRD PARTIES EXPRESSED THEREIN. SEABOURN IS NOT RESPONSIBLE OR LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE, LOSS OR CLAIMS BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON ANY CONTENT, PRODUCTS, ADVERTISING, MATERIALS, SERVICES OR RESOURCES AVAILABLE ON OR THROUGH SUCH WEBSITES.
5. CLAIMS OF COPYRIGHT INFRINGEMENT
5.1 Seabourn respects the intellectual property of others. If you believe that any material on this site infringes on any copyright that you own or control, or that any link on this site directs you to another website that contains material that infringes on any copyright that you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. 5.2 Seabourn's Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:
By Mail: General Counsel
By Fax: 206-284-8332
This contact information is provided exclusively for notifying Seabourn that copyrighted material may have been infringed. Unrelated inquiries will NOT receive a response through this process. Contact information for other matters is provided elsewhere on this site.
Information pertaining to Seabourn's Designated Agent also can be found at http://www.loc.gov/copyright/onlinesp.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement sent to Seabourn's Designated Agent must include the following information in order to be effective:
The following is a partial list of trademarks owned by us or one of our affiliates. For a complete and current list, please send an e-mail to at Trademarks@seabourn.com.
SEABOURN (Stylized) & Design®,
8. ONLINE BOOKING/PRICING/CANCELLATION
9. SHORE EXCURSIONS BOOKINGS
This provision of goods and services to guests onboard a Seabourn cruise is subject to the cruise contract whether the purchase is made by the guest or a third party. Shore excursions are "Non-Provider Services" for the purposes of your cruise contract. Please refer to the cruise contract for a full statement of guests' rights and obligations as well as those of the Owner and the Companies (as those terms are defined in the Cruise Contract) and certain other persons and entities with respect to the purchased goods and services. Your credit card will be charged when your purchase is confirmed; if you are waitlisted, your card will not be charged until the item selected becomes available. If you are waitlisted and we do not have a credit card on file for you, we will try to contact you; however, we will not be able to hold your selection and therefore cannot guarantee its continued availability. Cancellations made more than three days before embarkation will be fully refunded; cancellations made onboard or within the three day window prior to embarkation are subject to cancellation fees. Please see the cancellation fee policy below for details.
We understand plans change. However, last minute cancellations can result in costs to us or to our third party service providers. Cancellations of shore excursions, spa services or gift orders made more than three days prior to embarkation will be fully refunded; cancellations made onboard or within the three day window prior to embarkation may be subject a cancellation fee. Cancellation fees for certain shore excursions may be up to one hundred percent (100%) of the shore excursion price, depending on the shore excursion. For onboard cancellations of shore excursions, therefore, please speak with the Shore Excursion department onboard for the actual cancellation fee amount. Cancellations of spa services within twenty-four hours of the appointment are subject to a fifty percent (50%) cancellation fee. All cancellations made onboard will be refunded in the form of onboard credit, regardless of whether the purchase was made by a guest or a third party.
10. OTHER WEBSITES
11. LIMITATIONS ON USE
12. AGE CONSIDERATIONS
13. INJUNCTIVE RELIEF
14. GOVERNING LAW IN CASE OF DISPUTE
16. MISCELLANEOUS TERMS
16.1 These terms and conditions and the cruise contract constitute the entire agreement between you and Seabourn pertaining to and governing your use of the site, including online cruise and shore excursion bookings. You also may be subject to additional terms and conditions that are applicable to certain parts of the site.
16.2 Your being permitted to use this site will not be construed as creating any joint venture, partnership, employment or agency relationship between you and Seabourn.
16.3 In the event of litigation involving the use of this site, the prevailing party will be entitled to recover its reasonable attorneys' fees and costs.
16.4 This is the entire agreement between you and us relating to the subject matter herein and cannot be modified except in writing, signed by both you and a corporate officer of Seabourn.
16.5 These terms and conditions are effective until terminated by Seabourn, for any reason, with or without notice. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under the terms of these terms and conditions or otherwise.
16.6 Seabourn reserves the right to bring any civil action in federal or state court in Seattle, Washington, arising from the improper or unauthorized use of this site, including for infringement of its trademarks and/or unauthorized use of copyrighted material.
SEABOURN WEBSITE TERMS AND CONDITIONS.2011
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Information We Collect
Information We Collect
When you register at our website, request a brochure or video, an itinerary, deck plan or ebrochure, sign up to receive promotional materials or email or access our cruise booking application, we may collect personal information about you. Confirmed guests checking in online will be asked to provide certain personally identifiable information. Seabourn uses information you provide and other information we collect for our business purposes including, without limitation, to provide better service to our customers, to comply with our legal obligations, to operate and grow our business, to improve and customize the content you see, to provide the products, services or membership benefits you request, and to contact you about special promotions and new products.
Site Use Information
Our web servers may collect the domain names of visitors to our site. This information may be aggregated to measure the number of visits, average time spent on the site, pages viewed, and so forth. Seabourn may use this information for a variety of purposes, including to measure the use of our site, to improve our marketing and to improve the content we offer. We may share with third parties this experiential information or other data which does not personally identify visitors to our site. This might include tour or ship preferences of all visitors to our site, for example.
Our website uses "cookies" to help personalize your online experience, such as recognizing your name when you revisit, your language and country, as well as to assist us in marketing and advertising. A cookie is a text file that is anonymously placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Some cookies are deleted once you leave our website (“session cookies”), while other cookies remain after you leave our website (“persistent cookies”) so that you are recognized when you return to the website.
Cookies placed when you visit our site allow us to monitor certain statistics which help us improve our services, such as how many site visitors view certain pages on our website or receive our advertisements when visiting other websites. They also provide us information regarding which pages you visit and how you came to the site, for instance, whether you came to our site from a paid search, an advertisement, from an email we sent and so forth. We retain information collected via cookies and other technologies. If you are already in or are later added to our records, we retain this information with your other information so that we can serve you in a more customized fashion.
We also work with third parties who place advertisements about our company on the Internet. These third parties may use tracking technologies to collect anonymous but identifiable information about users who view or interact with advertisements or our website. We do not provide any personal information about users to these third parties.
You also have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you will not be able to use the website.
Do-Not-Track. We do not use technology that recognizes a "do-not-track" signal from your web browser.
Information You Provide to Us
You are not required to register in order to access our site. If you send us an email or register on our site we will collect the information you provide to us. Certain portions of our site are restricted to registered users or passengers with confirmed bookings. In addition, passengers with confirmed bookings checking in online will be asked to provide certain personal information. Otherwise, any personally identifiable information you provide is purely voluntary.
There are several areas on the site where you may provide personal information or will be required to register to obtain access to certain online services not available to anonymous visitors. These include MySeabourn, Seabourn Club, Book Online, Guest Registration, Book Shore Excursions, Order Gifts, Contact Us, or any of the places where you may email something from the website and Travel Agent Locator. Travel agents may register with Seabourn through the Travel Agent Center part of our site.
When you register on our site, you will be required to provide your email address and to select a password to be used to access your information. To access My Seabourn you may be required to use your name, email address and/or Seabourn Club number obtained from Seabourn. If you want to book travel or other services through our site, you may be required to register in advance and provide a booking number in order to obtain access.
When you register we collect the information you provide, which may include your name, address, gender, birth date and email address, your telephone number, special occasion dates, leisure interests and dietary preferences, health requirements, and passport and credit card information (cardholder name, card number and expiration date) as well as emergency contact information (the name, address and telephone number of someone not traveling with you who we can contact in case of an emergency ("Web Profile Information").
Guest Registration speeds up your boarding process because information is submitted in advance. Confirmed passengers must check-in online before they begin their cruise. When you use Guest Registration you will be asked to provide some or all of the same information as the Web Profile Information (described in the preceding paragraph) for purposes of issuing boarding documents for your upcoming cruise. This information may be shared with governmental agencies including Customs or the Department of Homeland Security, with medical staff and with Seabourn personnel. We may keep your credit card and passport information on file and on our servers to enable you to make purchases on board more easily and to facilitate your boarding procedure.
You may also choose how you would like to receive information from us: by mail, email or telephone. If you send us an email or request information we will retain your email address and use it to respond to your inquiry. We may also use your email address to provide you with information about upcoming events, cruises, special offers, packages and other information about Seabourn.
You may subscribe to our email promotions program by registering on our website or within My Seabourn. By using a password when registering, you are securing your subscription to receive email promotions. You may unsubscribe or change your email address for email promotions at any time by following the instructions mentioned within each email promotion.
Because of the nature of our business, our products and services are not designed to appeal to minors, and therefore we do not knowingly attempt to solicit or receive any information from children under 13. If we have reason to believe that information is being provided by a person under the age of 13 we will not collect the information.
Access to Your Web Profile Information
You may, at any time, make changes or corrections to your Web Profile Information or preferences, or delete them, simply by visiting the My Seabourn section of the site and providing your email address and password. At any time, you may access your My Seabourn information to add, change or delete information by simply logging in to the My Seabourn section using your name and password. You may also direct us to change or delete your information by fax, mail or email at the addresses and numbers provided below. You can direct us to delete your email address from our mailing list simply by following the instructions on any email you receive. We will act on your instructions promptly, but making changes or deleting information may take two weeks or more to become effective.
Disclosing Information to Third Parties
Affiliate Marketing Opt Out
The Transportation Security Administration (TSA) requires you to provide your full name, date of birth and gender for the purpose of watch list screening under the authority of 49 U.S.C. section 114, the Intelligence Reform and Terrorism Prevention Act of 2004 and 49 C.F.R. parts 1540 and 1560, for all commercial air travel within, into or out of the United States which is booked on or after August 15, 2009. You may also provide your Redress Number, if available. If you book commercial air travel within, into or out of the United States in conjunction with your voyage we will request this information from you and forward it to the TSA as required by law. Failure to provide your full name, date of birth, and gender may result in denial of transport or denial of authority to enter the boarding area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA privacy policies or to review the system of records notice and the privacy impact assessment, please see the TSA Web site at www.tsa.gov.
Your California Privacy Rights
Security Procedures to Protect Information
Our site uses SSL (Secure Sockets Layer) security technology to encrypt information you provide to us through the Site, but any information you provide us by email is unencrypted. SSL is an industry-standard protocol for encryption over the internet. Data transmission over the internet is never 100% secure.
While we take steps to protect your personal information and keep it secure, you also play a role in protecting your information. You can help to maintain the security of your online transactions by not sharing your booking number or password with anyone. Seabourn cannot guaranty the security of any information you transmit to us or from our site, and therefore you use our site at your own risk.
Effective Date: As of January 1, 2014
® 2014, Seabourn Cruise Line Limited ALL RIGHTS RESERVED
Affiliate Marketing Opt Out
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Affiliate Marketing Opt Out
Effective Date: As of April 19, 2011
Content Use Agreement
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MEDIA CONTENT USE AGREEMENT
Consent is hereby given to each media company or organization ("Media Company") to engage in the following:
1.1 Download for its limited, revocable, nonexclusive, worldwide use for editorial purposes only, as set forth herein, copyright-protected photographs and intellectual property from the download pages of the Web site registered to Seabourn Cruise Line Limited . ("Seabourn") at "www.Seabourn.com" (the "Seabourn Site").
1.2 To scan into and use on the World Wide Web on-line site registered to Media Company (the "Media Company Site") the full shot photographs of SEABOURN ships and itinerary data and other cruise-related information from the most current domestic SEABOURN brochure.
1.3 Copy from disks or other media provided by SEABOURN, for its limited, revocable, nonexclusive, worldwide use for editorial purposes only in the Media Company Site and in print and non-print media, as set forth herein, copyright-protected photographs and intellectual property of SEABOURN, specifically excluding from all such sources provided by SEABOURN (a) any copyrighted-protected photographs taken by parties other than SEABOURN, as noted near or beneath such photos, and (b) any and all photographs and text which show or name SEABOURN employees or any other individuals.
1.4 SEABOURN further gives Media Company consent to use the following trademarks of SEABOURN and its affiliates, subsidiaries, successors, or assigns: SEABOURN (Stylized) & Design®, SEABOURN LEGEND®, SEABOURN PRIDE®, SEABOURN SPIRIT®, SEABOURN SOJOURN®, SEABOURN ODYSSEY®, SEABOURN QUEST®, SEABOURN®, SEABOURN PERSONAL SHOPPER®, THE YACHTS OF SEABOURN & Shield Design®, Shield Design®, SEABOURN & SHIELD-DESIGN®, CLUB HERALD®, SEABOURN CLUB HERALD®, DRESS CIRCLE®, SEABOURN.COM®, SEABOURN CLUB®, SEABOURN SIGNATURE DELIGHTS®, SEABOURN SHIELD®, MASSAGE MOMENTS®, PERSONAL VALET LUGGAGE SERVICE®, SEABOURN'S YACHTING COLLECTION®, THE YACHT'S OF SEABOURN + SHIELD + SHIP IMAGE®, THIS IS MY YACHT® logo are registered trademarks of Seabourn or one of its affiliates in the Media Company Site and in print and other non-print media. SEABOURN's trademarks and copyright-protected imagery, except for imagery specifically excluded hereunder, shall be referred to herein as the "Property."
1.5 SEABOURN further consents to Media Company creating a link to the SEABOURN Site for review-only access by the public in the Media Company Site for the purposes herein specified. In connection therewith, SEABOURN gives Media Company its consent to modify the display of the Universal Resource Locator (URL) as it appears to the individual who publicly accesses the SEABOURN Site through the Media Company Site and to add a window with the Media Company's product name and site navigation keys.
2. LIMITATIONS OF CONSENT
2.1 The uses permitted and consents given by and in this Content Use Agreement are expressly limited to those uses and activities that are directly related to preparing news or feature stories regarding the cruises offered by SEABOURN.
2.2 No other uses or activities with respect to the Property are permitted without the express prior written consent of SEABOURN.
2.3 The consents given by SEABOURN in this Content Use Agreement may be revoked by SEABOURN at any time, with or without cause and with or without prior notice. Upon revocation, Media Company agrees to promptly remove the Property from the Media Company Site and from any print or non-print media that has not been disseminated. Furthermore, upon revocation, Media Company agrees to cease any activity being conducted by it in reliance upon this Content Use Agreement.
2.4 The consents granted in this Content Use Agreement are conditioned upon (a) SEABOURN approving the context in which the Property will be used, and (b) the insertion of the appropriate trademark notice symbol ™ or ® adjacent to the trademarks at all reasonable times. SEABOURN's failure to exercise any of its rights hereunder or otherwise in connection with the Property, Media Company Site or the SEABOURN Site shall not be construed to be a waiver of any such rights. The rights granted to Media Company under this Content Use Agreement are not assignable.
3. INTELLECTUAL PROPERTY
3.1 All right, title and interest in and to the Property and the goodwill associated therewith, including any that may attach in the future as a result of Media Company's use thereof, is and will continue to be owned by SEABOURN and/or one of its affiliates. Media Company recognizes such ownership in SEABOURN and its affiliates and agrees never to contest their title thereto or the validity of the trademark applications or registrations therefore filed or obtained by SEABOURN or its affiliates.
3.2 While SEABOURN seeks to ensure that the SEABOURN Site and property contained therein do not infringe upon the copyright or other rights of any party, SEABOURN does not warrant against claims or actions by third parties for invasion of privacy, defamation or libel. Media Company agrees to comply with SEABOURN's instructions regarding use of the Property and agrees not to alter, modify or make derivative works of the Property.
3.3 This Content Use Agreement does not confer any right to use the Property independently of the uses expressly authorized above, and the Property shall not be used to give the impression of SEABOURN's sponsorship or approval of Media Company's business, programs or editorial content.
4. ACCEPTANCE OF TERMS
I accept the terms and conditions of this Content Use Agreement. Click here to request access to the image library. Once you have submitted your information, a member of our staff will contact you with instructions for accessing our digital archive.
Effective Date: As of April 19, 2011