m/s Paul Gauguin Passenger Ticket Contract

m/s <em>Paul Gauguin</em> Passenger Ticket Contract

IMPORTANT NOTICE TO PASSENGERS:  THIS PASSENGER TICKET CONTRACT ("TICKET/CONTRACT") IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND PG CRUISE LINE, LTD., PACIFIC BEACHCOMBER CRUISES, INC. (D/B/A "PAUL GAUGUIN CRUISES"  AND AGENT FOR PG CRUISE LINE, LTD.) AND THEIR AFFILIATES. THIS TICKET/CONTRACT CONTAINS SUBSTANTIAL PENALTIES FOR CANCELLATION, AS WELL AS CERTAIN LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS REGARDING OUR LIABILITY FOR INJURY TO OR DEATH OR ILLNESS OF YOU OR OTHER PASSENGERS TRAVELING WITH YOU AND LIMITATIONS REGARDING DAMAGE CLAIMS RELATING TO BAGGAGE AND OTHER PERSONAL PROPERTY.  PLEASE READ ALL OF THE TERMS AND CONDITIONS CAREFULLY.  BY BOOKING THE CRUISE AND BOARDING THE SHIP YOU AGREE TO ACCEPT AND BE BOUND BY ALL OF THE TERMS AND CONDITIONS THAT FOLLOW, INCLUDING THOSE REGARDING LIMITATIONS OF LIABILITY, YOUR RIGHT TO SUE, ARBITRATION, GOVERNING LAW, FORUM AND JURISDICTION.  PLEASE TAKE THE TIME TO BECOME FAMILIAR WITH THESE TERMS AND CONDITIONS.

TERMS AND CONDITIONS

This Ticket/Contract sets forth the terms and conditions that will apply to the relationship between you and PG Cruise Line, Ltd., Pacific Beachcomber Cruises, Inc. (doing business as "Paul Gauguin Cruises" and agent for PG Cruise Line, Ltd.) and their affiliates.  Please read all the terms and conditions carefully.  Purchase or use of this Ticket/Contract, whether or not signed by you, will constitute your agreement, on behalf of yourself and all other persons traveling with you or under this Ticket/Contract, to be bound by all the terms and conditions of this Ticket/Contract.

1. DEFINITIONS:

For purposes of this Ticket/Contract, the following terms have the following meanings:

        "Baggage" means such baggage allowed aboard pursuant to the terms of this Ticket/Contract which is placed in your cabin, or any baggage which has been stored in the Ship's baggage room, holds or safe against receipt therefor at your request.

        "Company”, "we" and "us" means PG Cruise Line, Ltd., a Cayman Islands company; Pacific Beachcomber Cruises, Inc., a Delaware company (d/b/a "Paul Gauguin Cruises" and agent for PG Cruise Line, Ltd.); all affiliated companies and sales representatives; and all employees of such companies and individuals.  For purposes of the limitations of liability, defenses, and rights of Company set forth herein (but not with respect to any obligations or the duty to provide passage) these terms also include the Ship and the Ship's owners, operators, managers, charterers and agents and their respective officers, crew, pilots, agents and employees. 

         "Cruise Fare" means that amount paid, exclusive of Prepaid Charges and personal charges, in exchange for all transportation aboard the Ship and the Ship's tenders which we agree to provide to you pursuant to this Ticket/Contract. 

        "Passenger" and "you" means every person purchasing or traveling under this Ticket/Contract, including any minors.

        "Prepaid Charges" means the total amount paid exclusive of the Cruise Fare and any on optional shore tour charges and other personal charges. Accordingly, Prepaid Charges include all governmental or quasi-governmental fees, taxes and charges, as well as ground handling fees and transfer costs and other tariffs, air fuel and fuel surcharges, security and handling fees and administrative and other fees and expenses of a similar nature.

        "Ship" means the Paul Gauguin or any ship substituted therefor, and its tenders (boats for ferrying passengers to and from the Ship) or any other similar means of conveyance.

        “Shipping Incident” means shipwreck, capsizing, collision or stranding of the Ship, explosion, fire in the Ship, or defect in the Ship. For this purpose, a “defect in the Ship” means any malfunction, failure or non-compliance with applicable safety regulations in respect of any part of the Ship or its equipment when used for the escape, evacuation, embarkation and disembarkation of Passengers, or when used for the propulsion, steering, safe navigation, mooring, anchoring, arriving or leaving berth or anchorage, or damage control after flooding, or when used for the launching of life saving appliances.

2. CRUISE FARE:
        a.     Final payment of the Cruise Fare must be received 90 days prior to the scheduled departure of the Ship or scheduled air transportation when included as part of the Ticket/Contract, subject to changes in the Cruise Fare (which may be made in our discretion at any time up to 30 days prior to scheduled departure) and any changes in Prepaid Charges (which may be made in our discretion at any time prior to departure).  We reserve the right to collect any such increased Cruise Fare and/or Prepaid Charges at the time of sailing.
        b.     Air taxes and air fuel surcharges are estimated by us at the time of sale based on previous taxes and fuel surcharges levied by air carriers traveling to your destinations. The amount charged herein may vary.
        c.     Deviations by you from the purchased, published program or changes in hotel will cause forfeiture of transfers.

 

3. NON-TRANSFERABILITY; BINDING EFFECT:
This Ticket/Contract is valid only for the Passenger or Passengers named herein for the date, ship and cruise indicated. It may not be sold or transferred. These Terms and Conditions are binding on the Passenger and the Passenger's spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. The Passenger represents and warrants that he/she is duly authorized by and on behalf of all Passengers (including minors) named on this Ticket/Contract to agree to and to bind all such Passengers to such terms and conditions.

 

4. EMBARKATION:
The Passenger is required to be on board the Ship at least two hours prior to departure or earlier if advised by Company. Enhanced security procedures may require additional time. At the time of embarkation the Passenger is responsible for having received all medical inoculations necessary for the voyage and having in his/her possession this Ticket/Contract, a valid passport, any required visas, medical cards and other documents necessary for scheduled ports of call and disembarkations. Company makes no representations concerning individual requirements for travel and assumes no responsibility for advising Passengers of the documents necessary for the scheduled ports of call and disembarkation. Upon embarkation Passengers will be required to register a valid credit card or payment method at the reception desk on board the Ship for charges incurred during the voyage.

 

5. CANCELLATIONS BY PASSENGER PRIOR TO EMBARKATION:
        a      Cancellation requests must be made in writing to Paul Gauguin Cruises, 11100 Main Street, Suite 300, Bellevue, Washington, USA 98004.
        b.     Guests who are booked on two or more segments who cancel one or more of those segments will have their entire record cancelled and will be rebooked on the revised segments based on stateroom availability. Company reserves the right to allocate staterooms to specific combination segments; accordingly all staterooms or categories of staterooms may not be available for specific segments or segment combinations.
        c.     All refunds are subject to deductions for costs incurred for hotel, air and ground services where applicable, including any third party cancellation fees.
        d.     We are unable to provide refunds for lost tickets, tickets not used (in whole or in part) or for guests failing to bring any required travel or health documents.
        e.     Any refunds may be made by us to the travel agent representing the Passenger. Some agents may, at their discretion, withhold an agency cancellation fee. If cancellation fees are charged by air carriers, land operators or travel agents, they will be deducted from any refund made pursuant to this paragraph.
        f.      Company will not be responsible for the receipt by the Passenger of refund monies paid to the Passenger's travel agent. The Passenger expressly authorizes his/her travel agent to receive any refund and releases Company of any responsibility for such funds once a refund has been made to their travel agent.
        g.     The following cancellation charges will apply to any cancellation by Passenger: 

 

Date of Cancellation

Cancellation Charge

121 days or more prior to Departure Date:

Administrative Fee of $100 per person

120 - 91 days prior to Departure Date:

10% of Full Fare per person

90 - 61 days prior to Departure Date:

20% of Full Fare per person

60 - 31 days prior to Departure Date:

50% of Full Fare per person

30 – 0 days prior to Departure Date:

100% of Full Fare per person

 

For purposes of this section, "Departure Date" means the date the sea, air/sea or air/sea/land program first departs and "Full Fare" means the full cost of any cruise, hotel or air component purchased from Company.  Administrative Fees will be converted to a future cruise credit redeemable on bookings made up to 6 months after cancellation and for travel any time.

 

6. BAGGAGE, VALUABLES AND OTHER POSSESSIONS; NO PETS:
a.     Each Passenger may bring aboard the Ship a reasonable amount of clothing and personal effects without charge. Passengers should, however, take into account any limitations on the number, size and weight of luggage that may be imposed by airlines and other transportation used by Passenger. All baggage must be securely packed and distinctly labeled with the Passenger's full name, the name of the Ship, the cabin number of the Passenger and the sailing date of the Ship. Under no circumstances may (a) dangerous articles such as firearms, explosives, oxygen or combustible or (b) illegal substances or other items prohibited by applicable law (such as marijuana) be taken aboard the Ship. Any such items shall be surrendered to the Master at embarkation, and may be disposed of in the sole discretion of the Master. Should you intend to need to use a wheelchair, cart, other mobility device, or service or assistance animal aboard the Ship, we request that you contact Company to make arrangements. Hand or unlocked baggage, breakables and valuables, including but not limited to jewelry, money, precious stones, trade equipment, computers, photographic equipment or other electronics, securities, financial instruments and/or tickets, must be hand-carried by Passengers on and off the Ship, and may not be included with check-in baggage. Company shall not be responsible for loss of or damage to such items.

 

b.     Pets and other animals are not allowed on board the Ship.

 

c.     For safety and security, guests are not to leave luggage at the security gate at the pier where there is no surveillance. It is recommended that any luggage containing valuables be locked

 

7. SAFEGUARDING OF PERSONAL PROPERTY:
        a.     Company provides safekeeping for valuables aboard the Ship and encourages Passengers to deposit any jewelry or other valuables brought aboard the Ship with the designated officer who will issue a receipt for such valuables. Company shall not be liable for any loss of or damage to money, jewelry, precious stones, securities, financial instruments, tickets or other valuables unless they have been delivered to the designated officer and a receipt issued.
        b.     Other than as elsewhere stated in this Ticket/Contract, Company shall have no liability for loss of or damage to baggage or personal effects. Personal belongings lost while unattended in public lounges or other public areas, whether on board the Ship or elsewhere, are not reimbursable. Losses due to perils of the sea and other acts of God are not reimbursable.
        c.     Settlements of reimbursable claims for lost belongings will be made on the basis of actual cash value (replacement cost, less depreciation), subject to the liability limitations set forth below. Settlements of reimbursable claims for damaged items will be on the basis of cost of repair or replacement, whichever is less, also subject to the liability limitations set forth below. No amount shall be paid in settlement of any claim without proof of the actual cash value or repair cost as appropriate arising from the loss or damage. Such proof must be sent to Company. Company liability must also be proven before settlement will be paid.

 

8. TIME LIMITS FOR PROPERTY AND OTHER NON-PERSONAL INJURY CLAIMS:
        A written claim for loss of or damage to baggage, valuables and other personal belongings must be made to Company before the Passenger leaves the debarkation area to enable Company to investigate any damage and to conduct a search for claimed lost articles.  All such claims, including claims for breach of contract, must be made in writing as soon as they arise.  Any suit must be filed within six months from the date of disembarkation or scheduled disembarkation or the Passenger waives and releases any right he or she may have to make a claim against Company for any such loss or damage.

 

9. ITINERARY; COMPANY RIGHT TO CHANGE ITINERARY; DETENTION OF PASSENGER:
        a.     Passenger acknowledges that the scheduled itinerary is subject to delay, modification or port-of-call cancellation due to weather and other causes beyond the control of Company. If necessary, at the sole discretion of Company, Company may substitute ports-of-call or make itinerary changes provided that in doing so, reasonable attempts are made to make the substitutions the same benefit or advantage to the Passenger. Further, reservations are subject to change in the event of a full-ship charter.
        b.     Company 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 crime and/or war or terrorist actions. Accordingly, Company reserves the right at its sole option and discretion, without any liability for damages or refund of any kind, to deviate from the Ship's advertised or ordinary itinerary or route, to delay, advance or lengthen any sailing, to omit or change ports of call, to arrange for substantially equivalent transportation by another Ship and/or by other means of transportation, whether belonging to Company or not, and to cause the Passenger to disembark from the Ship temporarily or permanently. Company may for any reason whatsoever cancel any sailing or terminate the Ticket/Contract at any time before departure of the Ship, and in such event, Company’s only liability will be to refund to the Passenger the amount it has received for the Ticket/Contract. Any such changes are for Passenger’s safety and beyond Company’s control. While Company endeavors to provide reasonable protection for Passengers' comfort and safety onboard its ships, Company cannot guarantee freedom from all risks associated with war, terrorism, crime or other potential sources or harm. Company reminds all passengers that they must ultimately assume responsibility for their actions while ashore.
        c.     For purposes of assisting other ships or protecting life or property, the Master of the Ship has the right, at his sole discretion, to deviate from the Ship's advertised or ordinary itinerary or route, to delay, advance or cancel any sailing, to omit or change any ports of call, to tow or to be towed, to transfer the Passenger and the Passenger's baggage to any other ship and or other means of transportation whether belonging to Company or not, to cause the Passenger to disembark the Ship temporarily or permanently, and the Passenger shall have no claim against Company in such circumstances.

 

10. HEALTH AND SECURITY; INDEMNIFICATION BY PASSENGER:
        a.     The Passenger represents and warrants that the Passenger is physically and otherwise fit to travel; that he/she will at all times comply with Ship's rules and regulations and orders and directions of the Ship's officers and medical staff; and that his/her conduct will not impair the safety of the Ship or inconvenience other passengers. Company is unable to accommodate women past their sixth month of pregnancy.
        b.     Company and the Master or medical officer of the Ship, without liability and at any time, may refuse to transport or may land any Passenger at any port or place, or transfer the Passenger to other means of transportation, because of health or physical condition, mental disorder, failure to abide by Ship regulations, failure to possess necessary passports, visas and health or vaccination certificates, or other causes rendering the Passenger unfit to travel. The Ship’s officers and medical staff have the right to confine any Passenger to their stateroom if that is deemed in the best interests of the health and safety of other passengers.
        c.     If the Passenger is refused passage or leaves the Ship prior to the end of the cruise for any of the reasons described in this section or for other reasons including, but not limited to, personal, medical, or business reasons, Company will not be required to refund any portion of the Ticket/Contract price, or be responsible for any of the Passenger's costs.
        d.     The Passenger hereby consents to a reasonable search being made of the Passenger's person, baggage or other property and to the removal and confiscation or destruction of any object which may, in the opinion of Company, be illegal, impair the safety of the Ship, or disturb or inconvenience other passengers.
        e.     The Passenger shall indemnify Company for all penalties, fines, charges, losses or expenses incurred or imposed upon Company or the Ship by virtue of any act or violation of law by the Passenger.
        f.      Company is unable to accommodate children under twelve (12) months of age and reserves the right to restrict the number of those under three years of age aboard the Ship. Any child under the age of 18 must be accompanied by an adult over the age of 21. If the adult accompanying this child is not a parent, a "Parental Consent Guardianship Form" must be signed by parent or legal guardian and received by Company prior to sailing.
        g.     Company reserves the right to deny passage to any person with a prior criminal conviction.  Any Passenger or potential passenger with questions about the applicability of this policy is strongly encouraged to contact Company to discuss their specific circumstances prior to booking a cruise.
        h.     All Passengers are required to advise Company in writing, at or prior to the time a cruise is booked, of any physical, emotional or mental condition which may require professional attention during the cruise, including those Passengers who are physically challenged and require the use of wheelchairs or other similar facilities. Company strongly recommends that Passengers using wheelchairs travel with someone who is able to assist them, both on shore and on board the Ship. Some ports of call are anchorage ports and physical conditions may preclude such passengers from going ashore. Decisions made by the Master of the Ship in such circumstances will be binding in all instances. Physically challenged Passengers must bring and be responsible for all equipment, medicines, supplies and facilities relating to their condition. If any such condition arises after the cruise is booked, the Passenger is required to advise Company in writing immediately. Failure to advise Company as required hereunder shall release Company and all personnel aboard the Ship from any liability related to such condition or its treatment.
        i.     For passenger safety, smoking is not permitted in staterooms or on balconies.  Smoking is only permitted in specifically designated areas on the Ship.

 

11. THIRD PARTY PROVIDERS; SHORE TOURS AND EXCLUSIONS; RELATED LIMITS OF LIABILITY:
        a.     Tours, including pre-cruise, post-cruise and other shore excursions (including hotels, restaurants and transportation), whether by ship, air, rail, land or other means, not owned or operated by Company are not under the operation or control of Company, and Company makes no representation of any kind as to them, and takes no responsibility and assumes not liability for them.
        b.     The Passenger shall have no right to any refund and Company shall have no obligation or liability of any kind to the Passenger for acts or omissions in connection with or arising out of arrangements with third party providers of services.  They are not and shall not be deemed agents or employees of Company.  Arrangements with third party providers of services (for which Company has no obligation or liability) include, but are not limited to the following: (i) services or products available for the Passenger's convenience on board the Ship and furnished by and doctor, dentist, nurse, barber, hairdresser, manicurist, masseur, spa operator, photographer, entertainer(s), instructor, shopkeeper, lecturer and similar service provides and (ii) services, products or transportation provided elsewhere than aboard the Ship that are furnished by others in connection with sight-seeing tours, pre-cruise and post-cruise tours, excursions and shore trips, including, but not limited to tender service, whether arranged or organized by tour operators, travel agents or Company
        c.     Third party providers shall be entitled to charge for any products sold, services rendered or transportation provided to the Passenger either directly or through Company.  Any acceptance by Company of payment for any such products, services or transportation provided by any third party provider is done only as a convenience to the Passenger and shall not modify the limitations or disclaimer of liability or agency stated herein.
        d.     Each Passenger agrees that all rights, exemptions from liability, defenses and immunities of whatsoever nature referred to in this Contract applicable to Company and the Ship, shall in all respects inure also for the benefit of any servant, agent or independent contractor of Company acting in the course of or in connection with their employment so that in no circumstances shall any such servant, agent or independent contractor as the result of so acting be under any liability to any such Passenger different from that of Company.

 

12. NON-LIABILITY FOR MEDICAL TREATMENT:
        a.     The medical facilities on the ship are primarily for emergency first-aid.  Full medical services are not available onboard.  The Medical Officer and any doctors and/or nurses on the Ship are on board for the treatment of crew members, and may, for the convenience of Passengers and at the request of the Passenger, provide medical services to the Passenger. Company does not undertake to treat or care for the Passenger medically, and the doctors and nurses, even if designated officers of the Ship, are not agents for or employees of Company, but rather are independent contractors. Company shall not be liable for any aspect of medical treatment provided to the Passenger, including, but not limited to the consequences of any examination, advice, diagnosis, medication, treatment, prognosis or other professional services which such doctors or nurses may furnish the Passenger. Any acceptance by Company of payment for any such services is done only as a convenience to the Passenger and shall not modify the limitations or disclaimer of liability or agency stated herein.
        b.     The Passenger hereby consents to treatment by the Ship's doctor or other medical personnel, if any, or by a physician designated by Company, if subsequent to embarkation the Passenger is unable to request or authorize such treatment and in the opinion of the Ship's doctor needs medical attention.
        c.     The Passenger may be charged for medical services and for medications and supplies used for his or her medical treatment.

 

13. PAYMENTS BY THE PASSENGER AND EXTRA EXPENSES:
        Any and all payments by the Passenger to Company shall be made in currency of the United States of America or such other currency acceptable to Company.  All charges for services and products provided on board the Ship must be settled in cash or charged (via credit card acceptable to Company) before the Passenger’s final disembarkation from the Ship.  All other expenses incurred by the Passenger or by Company on behalf of the Passenger other than Prepaid Charges shall be payable by the Passenger on demand.  Company reserves the right to increase the total tour fare at any time without prior notice in order to take into account exchange rate fluctuations beyond Company’s control.

 

14. NO GENERAL AVERAGE:
Passenger shall neither pay nor receive any general average contribution with respect to any property.

 

15. LIABILITY LIMITATIONS:
        a.     PERSONAL INJURY.  COMPANY SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE "CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA" OF 1974, THE PROTOCOL TO THE ATHENS CONVENTION OF 1976 (COLLECTIVELY, THE "ATHENS CONVENTION"'), AND THE ATHENS CONVENTION AS AMENDED BY THE 2002 PROTOCOL (THE “2002 PROTOCOL”).  THE 2002 PROTOCOL LIMITS THE COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY TO A PASSENGER AND FOR LOSS OR DAMAGE TO A PASSENGER’S LUCGGAGE OR OTHER PROPERTY AS FOLLOWS:    

 

      (1) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A “SHIPPING INCIDENT” (AS DEFINED IN SECTION 1 ABOVE), WITH THE EXCEPTION OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL (E.G. ACT OF WAR, NATURAL DISASTER, ACT OF A THIRD PARTY), THE COMPANY’S MAXIMUM LIABILITY IS LIMITED TO 250,000 SPECIAL DRAWING RIGHTS (“SDRs”) (AS OF JANUARY 2017 APPROXIMATELY US$340,000).  AN SDR IS AN INTERNATIONAL MONETARY UNIT CREATED BY THE INTERNATIONAL MONETARY FUND. IT IS EXCHANGED FOR FREELY USABLE CURRENCY. THE VALUE OF THE SDR FLUCTUATES DEPENDING ON A DAILY EXCHANGE RATE WHICH CAN BE FOUND IN INTERNATIONAL FINANCIAL NEWSPAPERS INCLUDING THE WALL STREET JOURNAL.

 

      (2) EXCEPT FOR CASES INVOLVING WAR AND TERRORISM DAMAGES UP TO AN ADDITIONAL 150,000 SDRs (AS OF JANUARY 2017 APPROXIMATELY US$203,000) MAY BE PAYABLE WHERE THERE HAS BEEN A “SHIPPING INCIDENT” UNLESS THE COMPANY PROVES THAT THE DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A “SHIPPING INCIDENT” OCCURRED WITHOUT ITS FAULT OR NEGLECT.

 

      (3) THE COMPANY’S MAXIMUM LIABILITY FOR DEATH AND OR PERSONAL INJURY TO A PASSENGER CAUSED BY A “SHIPPING INCIDENT” IS LIMITED TO 400,000 SDRs (AS OF JANUARY 2017 APPROXIMATELY US$541,000).

 

      (4) FOR CASES INVOLVING WAR OR TERRORISM THE MAXIMUM PAYABLE BY THE COMPANY IS 250,000 SDRs PER PASSENGER.

 

      (5) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY AN INCIDENT OTHER THAN A “SHIPPING INCIDENT”, THE BURDEN OF PROOF IS ON THE PASSENGER TO PROVE THAT THE DEATH OR PERSONAL INJURY OF A PASSENGER WAS CAUSED BY THE COMPANY. THE COMPANY’S MAXIMUM LIABILITY IS LIMITED TO 400,000 SDRs IN SUCH CASES OR 250,000 SDRs PER PASSENGER IN CASES INVOLVING WAR OR TERRORISM.

 

      (6) THE COMPANY’S LIABILITY FOR A PASSENGER’S LUGGAGE OR OTHER PROPERTY IS LIMITED TO 2,250 SDRs (AS OF JANUARY 2017 APPROXIMATELY US$3,000) PER PASSENGER.

 

ANY DAMAGES PAYABLE BY THE COMPANY SHALL BE REDUCED IN PROPORTION TO ANY CONTRIBUTORY NEGLIGENCE BY THE PASSENGER AND BY THE MAXIMUM DEDUCTIBLE SPECIFIED IN ARTICLE 8(4) OF THE ATHENS CONVENTION. 

 

        b.     PROPERTY.  COMPANY IS NOT LIABLE FOR LOSS OF OR DAMAGE TO ANY OF PASSENGER’S PROPERTY UNLESS DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY. COMPANY’S RESPONSIBILITY FOR LOSS TO PROPERTY SUFFERED BY ANY PASSENGER SHALL BE GOVERNED BY THE 2002 PROTOCOL. THE MAXIMUM RECOVERY FOR LOSS OF PASSENGER’S LUGGAGE, VALUABLES AND/OR OTHER PERSONAL BELONGINGS (“PROPERTY”) IS LIMITED TO 2,250 SDR, (AS OF JANUARY 2017 APPROXIMATELY US$3,000).  THE COMPANY SHALL IN NO EVENT BE LIABLE FOR THE LOSS OF OR DAMAGE TO CASH, NEGOTIABLE SECURITIES OR OTHER FINANCIAL INSTRUMENTS, GOLD, SILVERWARE, JEWELLERY, ORNAMENTS, WORKS OF ART, PHOTOGRAPHIC/VIDEO/AUDIO EQUIPMENTS OR SUPPLIES, LAPTOP COMPUTERS, CELLULAR PHONES OR OTHER VALUABLES UNLESS THE SAME HAVE BEEN DEPOSITED WITH THE MASTER OR OTHER DESIGNATED REPRESENTATIVE AGAINST RECEIPT FOR THE AGREED PURPOSE OF SAFEKEEPING.   IN THE EVENT OF SUCH DEPOSIT, THE COMPANY’S LIABILITY FOR LOSS OR DAMAGE THEREOF SHALL BE LIMITED TO 3,375 SDRs (AS OF JANUARY 2017 APPROXIMATELY US$4,600).

 

        c.     Nothing in this Ticket/Contract is intended nor shall operate to limit or deprive Company of any such statutory limitation of or exoneration from liability, or of the benefits of any statute or law of any country which might be applicable providing for exoneration from or limitation of liability.

 

        d.     Company shall not be liable to the passenger for damages for emotional distress, mental anguish or psychological injury of any kind or any circumstances, except when such damages were caused by the gross negligence of Company and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages were intentionally inflicted by Company.

 

16. CLAIMS; DEADLINES FOR NOTICE:
        a.     Company shall not be liable for any claims whatsoever for personal injury, illness or death of the Passenger, unless full particulars in writing are given to Company within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of injury, event, illness or death, and unless served on Company within 120 days after filing.
        b.     Company shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the passenger, unless full particulars in writing are given to Company within 30 days after the Passenger is landed from the Ship or in the case the voyage is abandoned, within 30 days thereafter. Suit to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless filed within six months after the date the Passenger is landed from the Ship or in the case the voyage is abandoned, within six months thereafter, and unless served upon Company within 120 days after filing. The Passenger expressly waives all other potentially applicable state, federal or foreign limitation periods for claims.
        c.     Company shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Company nor for any intentional or negligent acts of Company employees committed while off duty or outside the course and scope of their employment.

 

17. FORCE MAJEURE:
Company shall not be liable in any way to the Passenger for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or for Company’s failure to commence, perform and/or complete any duty or obligation owed to the Passenger, if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, terrorist activities, acts of piracy, civil commotions, labor difficulties (whether or not Company is a party thereto), interference by authorities, requisitioning of the Ship, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Ship, explosion, breakdown or failure of or damage to the Ship or its hull, machineries or fittings (howsoever and wheresoever any of the same may arise or be caused), riot, insurrection and government restraint, fire, or any other cause whatsoever beyond the reasonable control of Company.

 

18. PLACE OF SUIT:
        a.     This Ticket/Contract applies to claims suits and litigation of any kind whether against Company in personam or the Ship in rem or otherwise.
        b.     Any dispute arising out of or in connection with this Ticket/Contract shall be litigated and determined, if at all, before a court of competent jurisdiction in FRENCH POLYNESIA to the exclusion of the courts of any other city, state or country.  All such claims arising shall be decided according to the Convention and the applicable general maritime laws of France, with reference to which this Ticket/Contract is made.

 

19. NO IMPLIED WARRANTIES; EXCLUSION OF CONSEQUENTIAL DAMAGES:
ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF FITNESS FOR USE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED FROM THIS TICKET/CONTRACT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.

 

20. WRITTEN NOTICES:
Except as otherwise expressly provided in this Ticket/Contract, all notices from Passenger must be in writing and must be mailed, postage prepaid, to Paul Gauguin Cruises, 11100 Main Street, Suite 300, Bellevue, Washington USA 98004.

 

21. INTERPRETATION:
Should any provision of this Ticket/Contract be unenforceable, contrary to or invalid by virtue of the law of the jurisdiction in which this Contract is sought to be enforced, such provision shall be deemed to be severed from this Ticket/Contract and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings in this Ticket/Contract are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and vice-versa.

 

22. ENTIRE AGREEMENT; AMENDMENTS:
This Ticket/Contract represents the entire agreement between the Passenger and Company and supersedes any prior oral or written agreements or representations. Any amendments or changes in the terms and conditions of this Ticket/contract must be in writing and signed by the President of Pacific Beachcomber Cruises, Inc. and may require a commensurate increase in fare.

 

For further inquiries call 800-848-6172

 

Updated: August 2018