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Terms And Conditions
IMPORTANT NOTICE TO ALL PASSENGERS
Passengers are advised to carefully read the terms and conditions of the Passenger Ticket Contract (“The Passage Ticket”) set forth below which affect your legal rights and are binding, to the full extent permitted by law, particularly the section governing the provision of medical and other personal services and the sections limiting Carrier’s Liability and your rights to sue. Acceptance or use of the Passage Ticket shall constitute the agreement of Passenger to these Terms and Conditions.
Passengers are advised to purchase appropriate and adequate insurance to protect themselves and their property.
1. |
INTRODUCTION
All cruises/passages and all businesses and services undertaken by the Carrier are subject to the terms and conditions set out herein in this Contract. In these terms and conditions, words importing the masculine gender shall include the feminine gender and words in the singular shall include the plural and words in the plural shall include the singular.
a. |
For purposes of this Contract the term "Carrier" shall include companies within Star Cruises Group of companies, its designees, assigns, successors or affiliates, the named Vessel, any substituted vessel, and its or their tenders, launches and related facilities. The rights, defenses, immunities and limitations of liability set forth herein shall inure to the benefit of the Carrier and the following but not limited to all concessionaires, independent contractors or other service providers; any affiliated or related companies, parents, subsidiaries, successors, assigns or fictitiously named entities; all suppliers, shipbuilders, component part manufacturers; and its or their owners, operators, managers, charterers, agents, pilots, officers, crew, and employees. |
b. |
The term "Passenger" shall include but not limited to any person purchasing the cruise/passage (“the Cruise”) on the date and Vessel indicated on the relevant document, accepting or using this Contract, on behalf of themselves or others in their care, including any accompanying minors, and any of their heirs, relatives, successors, assigns or representatives, regardless whether signed by or on his behalf. The fare includes only the transportation as specified herein, full board, and ordinary ship’s food, but does not include spirits, wines, beer, sodas or mineral waters, nor charges for other incidental or personal services. The fare does not include the following but not limited to government taxes and/or fees which may include, but are not limited to, any and all fees, charges and taxes imposed by any governmental or quasi-governmental authorities including Customs fees, head taxes, inspection fees, air taxes incurred as part of a land tour, immigration and naturalization fees, harbor maintenance fees and Internal Revenue Service fees, port/ terminal charges and passenger handling charges , which expense, charge, fee, cost or tax, as the case may be, shall be paid for in full by the Passenger on demand at the prevailing rates addition to the passage fare. This Contract shall be the entire agreement between the parties and supersedes all representations or conditions contained in Carrier’s advertisements, notices, brochures or other literature and all promises and agreements made or claimed to have been made by anyone in connection with the cruise to the passenger or anyone representing him. |
c. |
The term “Vessel” shall means such vessel or vessels employed, hired and/or chartered by the Carrier in the performance of this Contract. |
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2. |
APPLICABILITY OF ATHENS CONVENTION (CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA (1974) (“THE ATHENS CONVENTION”)
a. |
Without derogating from or in any way depriving the Carrier or the Vessel of the benefits of any exemptions, exclusions or limitations contained in the foregoing provisions, if for any reason whatsoever, the Carrier or the Vessel does not rely, is unable to rely, or is precluded from relying, on any of the provisions in the preceding clauses 2, 3 and 4 and in clauses 19 and 20, then the liability of the Carrier and/or the Vessel shall, to the extent permissible by law, be determined in accordance with the relevant terms and provisions of the Athens Convention as amended by the 1990 Protocol, which relevant terms and provisions including, inter alia,
i) |
Article 5 of the Athens Convention whereby the Carrier shall not be liable for loss of or damage to monies, negotiable securities, gold, silver, silverware, jewelry, ornaments, works of art or other valuables, except where such valuables have been deposited with the Carrier for the agreed purpose of safe-keeping in which case the liability of the Carrier shall not exceed the limit provided for in Article 8 of the Athens Convention, as amended by Art II(3) of the 1990 Protocol unless a higher limit is agreed upon in accordance with clause 5.b. below. |
ii) |
Article 7 of the Athens Convention as amended by Article II (2) of the 1990 Protocol whereby the liability of the Carrier for the death of or personal injury to a passenger shall in no case exceed 175,000 SDR per carriage; and |
iii) |
Article 8 of the Athens Convention, as amended by Art II (3) of the 1990 Protocol whereby the liability of the Carrier for the loss of or damage to cabin luggage shall in no case exceed 1,800 SDR per passenger, per carriage and in the case of loss of or damage to luggage other than cabin luggage, 2700 SDR per passenger per carriage, subject to the full amount deductible as set out in Article 8(4) as amended by Article II (3)4 of the 1990 Protocol, |
iv) |
Article 15 which deals with the notification of claims in respect of loss of or damage to luggage and |
v) |
Article 16 which provides for a two-year limitation period for the bringing of claims shall be deemed to have been fully incorporated in these terms and conditions and the Passage Contract and liability shall in no circumstances exceed the limits there prescribed from time to time. |
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b. |
The term "SDR" mentioned above denotes and international basket of currencies created by the International Monetary Fund (IMF) in 1969. The IMF defines Special Drawing Rights (SDR) as follows:
The SDR is an international reserve asset, created by the IMF in 1969 to supplement the existing official reserves of member countries. SDRs are allocated to member countries in proportion to their IMF quotas. The SDR also serves as the unit of account of the IMF and some other international organizations. Its value is based on a basket of key international currencies.
In order to obtain the current USD equivalent of the SDR, please log on to the following website, managed by IMF - http://www.imf.org/external/np/fin/rates/rms_sdrv.cfm |
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3. |
PASSAGE CONTRACT AND PASSAGE FARE
a. |
All Passage Contracts shall incorporate and be governed by these terms and conditions, which the Carrier may at any time, amend these terms and conditions without notice to the Passenger. |
b. |
This Passage Ticket is valid only for the voyage specified on the preceding pages and for the person(s) named and cannot be transferred without Carrier’s written consent. |
c. |
All cruises are subject to availability at the time of booking. No Contract shall be made until the deposit (or, where appropriate, the full price) has been paid, whether or not a booking confirmation has been issued, but all money paid to a travel agent shall be treated as having been paid to the Carrier. Failure to pay any the sum by the due date shall entitle the Carrier to cancel the booking and a cancellation charge under the clause hereunder. |
d. |
The fare paid shall be considered fully earned at the time of payment, or if not previously paid, then at the time payment is due or upon embarkation, whichever is sooner. The Carrier shall not be liable to make any refund to passenger in respect of lost tickets or in respect of tickets wholly or partly not used by a passenger except as expressly set forth herein, any statute or other governmental regulation to the contrary notwithstanding. |
e. |
In the event of there being any adverse movement in currency exchange rates or costs of fuel or other operating costs of the Vessel or of the Carrier between the date of reservation of passage and sailing, the Carrier shall be entitled to impose, without prior notice, a surcharge upon the passage fare of an amount to be assessed by the Carrier which the Passenger shall pay prior to embarkation. |
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4. |
PASSENGER’S OBLIGATION
a. |
Bring all necessary travel documents such as passports, visas, proof of citizenship, re-entry permits, medical certificates showing all necessary vaccinations, and all other documents necessary for ports of call in the countries to which the Passenger will travel. It is Passenger's sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All passengers are advised to check with their travel agent or the appropriate government authority to determine the necessary documents. Passengers will be subject to any fine or other costs incurred by Carrier, which result from improper documentation or noncompliance with applicable regulations, which amount may be charged to (your stateroom) account and/or credit card. |
b. |
Passenger shall arrive for embarkation on board the Vessel by the time fixed by the Carrier, or if no time is fixed at least 3 hours before the time scheduled for departure. |
c. |
Be sure that you and any person in Passenger’s care are fit to take the Cruise. |
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Subject to clause herein, Passengers who are pregnant or have any form of sickness, disease, injury, infirmity, disability or illness, whether mental, physical or otherwise which could affect their fitness for travel shall:- |
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i) |
disclose their pregnancy and the stage thereof, sickness, disease, injury, infirmity, disability or illness as the case may be, to the Carrier at the time of reservation of passage. Passengers who are more than twenty-four (24) weeks pregnant shall be prohibited from travelling on board. |
ii) |
be accompanied and assisted by an able bodied person who shall be responsible for their health and safety at all times including during the Period of Transit, and |
iii) |
jointly and severally with the able bodied person mentioned in the previous paragraph, reimburse and fully indemnify the Carrier and hold the Carrier harmless against all or any losses, claims, damages, costs, expenses and/or delay, of whatever nature sustained or incurred by, or made upon the Carrier, whether directly or indirectly, by reason of, in connection with or attributable to their pregnancy, sickness, disease, injury, infirmity, disability or illness, as the case may be. |
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The Carrier shall be entitled at any time, without giving any reasons, to refuse passage to any Passenger who is pregnant, or has any form of sickness, disease, injury, infirmity, disability or illness, whether mental, physical or otherwise, or to cancel any reservation made by or for such Passenger without any liability whatsoever to such or other Passenger. |
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If at any time any Passenger reasonably appears to the Carrier, the Master, the Vessel's doctor, or any medical staff to be:- |
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i) |
in any way unfit to proceed, a nuisance or likely to cause mischief, or likely to inconvenience, endanger or impair the health, safety or reasonable comfort of any person or persons whether on board or not, or likely to endanger or impair the safety of the Vessel and/or her fittings, furnishings, machinery, equipment, or any part thereof or any Property, |
ii) |
likely to refuse permission to land at his port of destination or any port at which the Vessel may call, or |
iii) |
likely to render the Carrier liable for his maintenance or support, the Carrier, the Master, the Vessel's doctor or the medical staff in question shall be entitled, regardless of any medical certificate produced, at its and/or his sole discretion, at any place or port and at any time to refuse to embark or transport such Passenger, disembark him at any port, transfer him from one berth to another, transfer him by other means or transportation or confine him to a cabin or to the Vessel's hospital or any other part of the Vessel. |
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Passengers including those mentioned herein, requiring any special or extra accommodation, or special or extra attention in the course of the voyage and not originally provided for, must inform the Carrier or its agents at the time of reservation of passage and will be charged accordingly for the same. Save as aforesaid, the Passenger acknowledges and agrees that the Carrier shall have no responsibility or obligation to provide any special accommodation, services or equipment other than the accommodation, services or equipment normally provided to passengers unaffected by disabilities. |
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The Passenger hereby releases the Carrier from any and all liability for any loss of life, injury or damages which is proximately caused by pregnancy, a pre-existing sickness, disease, injury, infirmity, disability or illness, whether mental, physical or otherwise. |
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Reasonable expenses of any kind, including fines, penalties, duties or other charges, incurred or paid by the Carrier and attributable to the Passenger's failure to comply with any law of any country and/or regulations of the Carrier or any governmental authority shall be recoverable by and paid to the Carrier by and from the Passenger on demand. |
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The Passenger shall have no right to any refund or any right of action against the Carrier in respect of any loss, costs or expenses sustained or incurred and the Carrier shall have no obligation or liability of any kind whatsoever to the Passenger in respect of any action taken by the Carrier in good faith under these terms and conditions. |
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Children aged 6 months or less at the commencement of the cruise may be refused permission to board the cruise ship and the Carrier shall have no liability whatsoever for any consequences of such refusal. Certain cruises also have prohibitions on children aged 12 months or less. Passengers should check with the Carrier before booking. |
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d. |
Upon boarding the ship, at the request of the Carrier, you must register a valid credit card or other acceptable payment method at the Front desk to cover any stateroom charges. |
e. |
Prior to disembarking the ship, you must pay in full all amounts charged to your stateroom account. The Carrier shall not be liable for loss, damage or delay resulting from your failure to comply with these requirements. |
f. |
Each passenger agrees to abide by all rules of the Carrier and its officers at all times and failure to do so may subject the passenger to disembarkation without any liability on the part of the Carrier for a refund or any other related expenses or losses to the passenger or any accompanying passenger whatsoever. |
g. |
A passenger under 18 years of age must be accompanied in the same or connecting stateroom by a passenger 18 years or older who expressly agrees to be responsible for the under 18 passenger throughout the cruise. This responsibility includes, but is not limited to, preventing the purchase or consumption of alcohol and preventing the violation of any ship rules. If the accompanying adult is not a spouse, parent or legal guardian, a notarized parental/guardian consent letter that authorizes the minor’s travel and further authorizes medical treatment in case of an emergency, or certified copy of the marriage certificate, must be delivered to Star Cruises representative at the pier or the Front Desk Officer. Failure to produce such documentation at embarkation may result in boarding being denied with no refund provided. Passengers must be 18 years or older to purchase or consume alcohol or to engage in any form of gambling on the Vessel. |
h. |
Passenger is not allowed to bring on board the Vessel any intoxicating liquors or beverages, firearms, weapons of any kind, ammunition, explosive substances or any goods of a dangerous nature, nor animals of any kind, except service or guide animals, provided the passenger notifies Carrier prior to the cruise of his intention to bring such animal and agrees to accept sole responsibility for any expense, damage, injuries or losses associated with or caused by such animal. |
i. |
Unless Passenger obtains prior written permission from Carrier, Passenger shall not solicit other passengers, the Carrier’s employees, personnel or agents during the voyage with respect to any professional, business, or commercial activity, for profit or otherwise. Failure to adhere to this prohibition may result in ejection from the Vessel without liability of the Carrier to refund any portion of the fare or for any incidental costs whatsoever. |
j. |
Each Passenger is entitled to bring on board the Vessel a maximum of two (2) pieces of baggage not exceeding fifty (50) kilogram in total which must fit comfortably into the Passenger's cabin. However, subject to the Carrier's prior consent in writing, the Passenger may bring on board additional baggage, which shall be subject to an excess baggage charge based on the current applicable rates to be paid by the Passenger to the Carrier. |
k. |
All fragile, perishable and valuable objects carried on board must be carried by hand and at the Passenger's own risk. Neither the Carrier not the Vessel shall in any event be under any obligation or liability of any kind whatsoever to the Passenger or any other person or persons for loss of or damage to fragile, perishable or valuable objects. |
l. |
Passenger acknowledges that medical care while on a cruise ship may be limited or delayed and the ship may travel to destinations where medical care is unavailable. Therefore, every passenger warrants that he and those for whom he is responsible for are fit to travel. Any condition of the passenger that may require special attention or treatment of any kind must be reported to Carrier when reservation is requested. A medical certificate certifying fitness for travel may be required of any passenger at Carrier’s request. Carrier reserves the right to refuse passage to women in advanced stages (third trimester) of pregnancy. Passengers with special needs are advised that certain international safety requirements and Regulations may cause difficulty for mobility-impaired persons or persons with severely impaired sight and/or hearing. Passengers requiring the use of a wheelchair must provide their own junior/adult standard size wheelchair (22 1/2 inches wide), as any wheelchairs available on the Vessel are for emergency use only. The Carrier reserves the right to refuse or revoke passage to anyone who fails to notify the Carrier of any physical or emotional condition which may require special assistance or accommodation, or who is, in the sole judgment of the Carrier, as a result of such condition unfit for travel, or who may require care, treatment or attention beyond that which the Carrier can provide. In such circumstances the Carrier shall have no liability to the Passenger whatsoever. Passengers may not be able to participate in certain activities or programs either aboard the Vessel or onshore at ports of call if to do so would create a risk of harm to any Passenger. |
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5. |
CARRIER’S OBLIGATION AND LIMITATION
a. |
Carrier’s responsibility shall never exceed the limitation of liability to which Carrier is entitled under applicable law. No undertaking, guarantee or warranty is given or shall be implied as to the seaworthiness, fitness, or condition of the Vessel or any food, drink, medicine, or provisions supplied on board the Vessel. In no event shall Carrier be liable for any incident arising outside the passenger areas of the Vessel or the Vessel itself, including, but not limited to those occurring ashore, on tenders not owned by the Vessel, on or resulting from equipment not a part of the Vessel, or upon docks or piers. |
b. |
While every reasonable care is taken to provide medical attention to the passengers onboard, such medical attention and/or facility found onboard cannot be considered as full medical facilities as found in general hospital. The medical facilities are provided as an emergency and First Aid function only. |
c. |
Passenger acknowledges that in the event of any transportation required for evacuation due to medical reasons, such transportation arrangements are done for and on behalf of the passengers and at the passengers’ own cost and expense. Passenger also acknowledges and accepts that the Carrier is at liberty to claim such amount back from the passenger in the event of any payment advanced by the Carrier for such transportation. |
d. |
Carrier may, for any reason whatsoever and without notice or liability for payment or compensation: |
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i) |
Substitute another Vessel for the scheduled Vessel whether or not owned by the Carrier; |
ii) |
deviate from the scheduled ports of call, route and timetable or proceed by any other route in order, |
iii) |
permit or omit to call at any port or place, |
iv) |
stay at any place or port once or more or advance or delay the scheduled date and hour of sailing or disembarkation |
v) |
comply with all governmental laws and orders given by governmental authorities, |
vi) |
proceed without pilots, tow or be towed and assist vessels, or |
vii) |
render assistance to preserve life and property. |
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Accordingly, Passengers are advised not make any important arrangements or meetings based on the proposed itinerary of the Cruise, which may change without liability to the Carrier.
Further the Carrier may at any time for any reason whatsoever, without compensation to the Passenger provide accommodation to the Passenger different from that already assigned to or provided for the Passenger. |
6. |
SAFETY AND SECURITY
Every adult Passenger travelling with any minor Passenger, shall be responsible for the safety, conduct and behaviour of the minor Passenger. The adult Passenger shall be liable to the Carrier and shall reimburse and fully indemnify the Carrier and hold the Carrier harmless against all or any losses, claims, damages, costs, expenses and/or delay, of whatever nature sustained or incurred by, or made upon, the Carrier, whether directly or indirectly, by reason of, in connection with or attributable to any acts or omission of the Passenger or minor Passenger.
The Passenger represents and warrants that he is fit to proceed, not in any way a nuisance and that his Property and conduct will not in any way cause any mischief or inconvenience, endanger or impair the health, safety or reasonable comfort of any person or persons whether on board or not, or endanger or impair the safety of the Vessel and/or her fittings, furnishings, machinery, equipment, or any part thereof of any Property.
The Passenger shall be liable to and shall reimburse Carrier for all damages to the Vessel and its furnishings and any equipment or property of the Carrier caused directly or indirectly, in whole or in part, by any act or omission of the passenger, whether willful or negligent. The Passenger shall further indemnify the Carrier and each and all of their agents or servants against all liability whatsoever arising from any personal injury, death or damage or loss whatsoever caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger.
The Passenger, in the interest of international security and safety at sea and in the interest of the convenience of the other Passengers, agrees and hereby consents to a reasonable search being made of the Passenger's person and Property whether physically, by way of screening, scanning or otherwise and to the sequestration of any Property which may, in the opinion of the Carrier, the Master and/or any officer on board the Vessel, likely in any way to inconvenience, endanger or impair the health, safety or reasonable comfort of any person or persons whether on board or not, or endanger or impair the safety of the Vessel and/or her fittings, furnishings, machinery, equipment, or any part thereof or any Property.
The 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 crime and/or war or terrorist actions. Accordingly, it may be necessary to change the published cruise or shore excursion itinerary. Any such changes are for Passenger’s safety and beyond the Carrier’s control. While the Carrier endeavors to provide reasonable protection for Passenger’s comfort and safety onboard its ships, the Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime or other potential sources of harm. The Carrier reminds all Passengers that they must ultimately assume responsibility for their actions while ashore and adhere to relevant governmental regular 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. The Carrier strongly recommends that Passengers and their travel agents obtain and consider such information when making travel decisions.
Passengers are expected at all times to conduct themselves in a proper manner and with due regard to the health, safety, comfort, enjoyment and general well-being of all persons both on board the cruise ship and involved in the provision of any service or facility forming part of the cruise or any shore excursion, and the Passenger expressly agrees to this. If it appears that a Passenger’s conduct or behaviour is such as to be a breach of this requirement or is likely to endanger the Passenger’s own health or safety or may make the Passenger likely to be refused permission to go ashore at any port or may make The Carrier liable for the costs of any medical treatment and/or maintenance and support and/or repatriation, then the Carrier and/or the Master shall have the right according to the particular circumstances to take any one or more of the following measures as may appear to be appropriate–
(i) |
refuse to embark or to disembark the Passenger at any particular port or other place of call; |
(ii) |
disembark the Passenger; |
(iii) |
transfer the Passenger to another berth; |
(iv) |
confine the Passenger to a particular cabin or to the ship’s medical centre; |
(v) |
through the ship’s doctor and/or his staff, administer any drug, medicine or other substance of a similar nature, or admit and/or confine the Passenger to a hospital or any similar institution at any port as the ship’s doctor may consider necessary. |
In the event of the Carrier and/or the Master acting in accordance with the above clause, neither the Passenger nor (at the sole discretion of the Carrier) any other person travelling with the Passenger (whether or not under the same booking) shall be entitled to make a claim against the Carrier for any loss or expense incurred as a result of such action, whether for a full or partial refund of the price or for any other form of compensation or for the cost of returning to the respective home country or for any other form of loss or expense whatsoever. Where the Passenger is repatriated pursuant to the terms herein contained at the Carrier’s expense, the Carrier shall have the right to recover the cost of this on demand.
In no circumstances at any time shall the Carrier have any liability for denial of boarding by an airline contracted in relation to fly cruises, such denial being at the sole discretion of the airline concerned. |
7. |
AMENDMENTS OF TERMS AND RESERVATIONS
a. |
The Carrier may at any time amend these terms and conditions without notice to the Passenger. |
b. |
Amendments to reservations are at the sole discretion of the Carrier and the Carrier shall be entitled to impose such administrative charges it deems fit in the event it accedes to any request to amend the reservation. |
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8. |
CANCELLATION OR ALTERATION BY THE CARRIER
The Carrier may at any time for any reason whatsoever terminate the Passage Ticket at any time before departure of the Vessel and (without limiting the generality of the foregoing) may terminate owing to the following but not limited to unavailability of the Vessel, whether through charter out or owing to over booking of cabins, or otherwise and the Carrier's only liability, will be to refund to the Passenger the amount it has received for the Passage Ticket, provided, however, the termination was not caused by, or in any way attributable to any breach by the Passenger of any of the terms and conditions herein or any act, neglect or default on his part.
The Carrier may also, at any time, without notice or liability for payment or compensation, cancel the Cruise, change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten the Cruise or substitute ships, aircraft, other transportation or lodging. Passenger shall have no claim against the Carrier, and the Carrier shall not be liable (whether for damages or a refund) for hotel or meal charges, travel expenses or other loss, delay, inconvenience, disappointment or expense whatsoever in such circumstances, except as follows:
a. |
If the Carrier cancels the Cruise before it has started, it will refund the Cruise Fare (less any air or accommodation charges incurred by Passenger). |
b. |
If the sailing is delayed and Passengers are not accommodated on board the ship, the Carrier may arrange accommodations and food at no additional expense to Passengers. |
c. |
If the scheduled port of embarkation or disembarkation is changed, the Carrier will arrange transportation to it from the originally scheduled port. |
If the Cruise is terminated or ends early, the Carrier, at its option, may issue a cruise credit, make a proportionate refund of Passenger’s Cruise Fare, transfer Passenger to another ship or transport Passenger to the scheduled final port.
Where any such change of itinerary amounts to a significant alteration, the Passenger shall be entitled (but without obligation) to treat the Cruise as having been cancelled by the Carrier, provided that the Passenger gives the Carrier written notice of cancellation within 14 days of being advised of the itinerary change.
Cancellation notice must be in writing and sent to Star Cruises at c/o Star Cruises Terminal, Pulau Indah, PO Box 288, 42009 Pelabuhan Klang, Selangor Darul Ehsan, West Malaysia.
In the event of cancellation pursuant to this clause, the Passenger shall be entitled (without prejudice to any other legal right and without obligation) either to accept such substitute cruise as the Carrier may be able to offer or to a full refund of all money already paid. The Passenger recognises and agrees that it will not normally be possible for the Carrier to offer an appropriate substitute cruise which is available at about the same time as and/or with a similar itinerary to that originally booked, but the Carrier will do its best to provide a suitable alternative cruise of similar duration and value.
In the event of cancellation pursuant to the above clause, the Carrier’s liability shall be, if any, limited to a compensation of USD25.00 only or a percentage of cruise credit determined solely by the Carrier on a case to case basis.
The value of the cruise credit may only be used for another booking with the Carrier. Any such new booking must be made by no later than six (6) months after the date of the original cruise. Credit vouchers may be redeemed against the price of the new cruise net of any discount available to the Passenger at the time of booking.
Where applicable and in the event of any air tickets issued by our Air/Sea Department for Passengers on our Air/Sea Programs are refundable only to Carrier. Group passenger policies may differ and payment and cancellation charges may differ by promotion. Passengers are advised to refer to their respective travel agent, group booking agreement or promotion for specific terms and conditions.
The Carrier shall also be entitled at any time to cancel or to cease performance of the Cruise or to change and/or curtail the scheduled cruise itinerary by reason of an event of force majeure which shall include (without limitation) war or threat of war, terrorist activity or the threat of the same, riots, civil commotion, disaster, Act of God (which may include but not limited to tsunami and/or typhoon events), natural and nuclear disaster, fire, closure of ports, strikes or other industrial action, medical emergency at sea, lawful deviation at sea in response to a distress call or other emergency, and any other event outside its reasonable control. In such event, the Carrier will refund that part of the price representing the equivalent part of the cruise not provided (including, in the case of a pre-departure cancellation, a full refund) but the Carrier shall otherwise have no liability to the Passenger.
After departure, the Carrier cannot guarantee that the cruise ship will call at every advertised port or follow every part of the advertised route or schedule, although the Carrier will do its best to maintain the itinerary, and will not unreasonably change it. The Carrier reserves the absolute right to decide whether or not to omit any such port(s) and/or to call at additional ports and/or to change the advertised route or schedule, whether by reason of an event of force majeure, as defined herein or in adverse weather likely to affect the safety and/or comfort of Passengers or otherwise. Any such change shall not constitute a significant alteration and the Carrier shall have no liability, provided only that where the change of itinerary is due to a technical problem with the cruise ship or any other matter not outside the control of the Carrier and which causes any loss of a scheduled port of call, the Carrier will refund an appropriate part of the price. |
9. |
CANCELLATION BY PASSENGER
Where available, Passengers are encouraged to purchase Star Cruises’ Voyage Insurance Cancellation insurance (“the Insurance Plan”) that provides for travel cancellation under predetermined conditions, in order to be afforded adequate recourse in case of such cancellation. Refunds and/or credits available under the Insurance Plan are subject strictly to the terms and conditions of the Insurance Plan. Passengers must notify the Carrier and the Insurers of any cancellation as soon as possible.
Where no Insurance Plan is purchased, Passengers are not entitled to any refund except as otherwise provided in this Section. Any refunds will be made directly to Passenger’s credit card account or Passenger’s travel agent and Passenger shall receive refund directly from these sources. Passenger may cancel by telephone or electronic advice via a Carrier-approved Computer Reservation System, provided the Carrier immediately receives written confirmation of cancellation. The following cancellation policy applies with respect to Cruise Fare, Cruise tour Fare, air add-ons, Non- Commissionable Fare, Shoreside Excursions, and Pre-Cruise and Post-Cruise Package charges ("Total Charges"):
Cruise length 6 days or more |
Cancellation Charges (per person) |
45 – 30 days prior departure |
25% of Full Fare |
29 – 15 days prior departure |
50% of Full Fare |
14 – 08 days prior departure |
75% of Full Fare |
07 days or less |
100% of Full Fare |
No Show / No Written Notice |
100% of Full Fare |
Cruise length 5 days or less |
Cancellation Charges (per person) |
45 – 14 days prior departure |
25% of Full Fare |
13 – 08 days prior departure |
50% of Full Fare |
07 days or less |
100% of Full Fare |
No Show / No Written Notice |
100% of Full Fare |
Provided, however, that in the event a lower cancellation fee is applicable to the Cruise as stated in the relevant brochure, such lower cancellation fee will apply. If Passengers have purchased any Travel Insurance, the Passengers must notify the Carrier and the Insurer of any cancellation as soon as possible. Refunds or credits available under the Travel Insurance program are subject to the terms of the program. All airline tickets are the property of the Carrier and must be returned to and are refundable only to the Carrier, if applicable. Passengers’ travel agent acts for Passengers in making the arrangements for the Cruise and any related travel, lodging and tours. The Carrier is not responsible for any representation or conduct of Passengers’ travel agent, including, but not limited to, any failure to remit Passengers’ deposit or other funds to the Carrier, for which Passengers shall at all times remain liable to the Carrier, or any failure to remit a refund from Carrier to Passengers, or any failure to comply with any regulations set out by the relevant authorities, including but not limited to visa requirements. If Passengers have not purchased the Insurance Plan, no compensation or credit shall be provided by the Carrier should Passengers cancel or cut short the Cruise.
If for any reason, whether or not due to causes beyond the Passenger's control, the Passage Ticket is not used by the Passenger for the cruise/passage on the date and Vessel indicated or any substitute Vessel, or the Passenger joins or leaves the cruise/passage while in progress so that the Passage Ticket is used for only part of the stipulated cruise/passage, there shall be no right to any refund unless otherwise provided and the Carrier shall have no obligation or liability for such non-use or partial use of the Passenger. The Carrier may, at its own sole right and discretion, compensate the Passengers a maximum aggregate of USD25.00 per passenger per cruise for any of the event mentioned above. |
10. |
FORCE MAJEURE
Without derogating from or in any way depriving the Carrier or the Vessel of the benefits of any exemptions, exclusions or limitations contained in these terms and conditions, the Carrier and the Vessel shall not be liable for any loss (whether economic, consequential or otherwise), detention, delay, over-carriage, expense, damage (whether direct or indirect) whatsoever of or to any person, Passenger or Property or inability to perform the Passage Contract or any part thereof caused by or arising out of or attributable to any:-
a. |
acts of God, including but not limited to earthquakes, storm, lightning, tempest or flood, |
b. |
strikes, lockout, stoppages, or restraint of trade or labour, industrial actions or labour difficulties, or shortages from whatever cause, whether partial or general and whether or not the Carrier be party thereto, |
c. |
any viral outbreak, pandemics, inclement weather, epidemics (which may include but not limited to SARS or SARS’ like events or Norwork type of diseases); |
d. |
nuclear explosion, radioactive or ionizing radiation; |
e. |
explosion, fire, collision, stranding or foundering of the Vessel or breakdown or failure of or damage to the Vessel or her hull, fittings, furnishings, machinery or equipment howsoever and wheresoever any of the same may arise or be caused, |
f. |
civil commotion, riot, insurrection, war, civil war, government restraint or requisition, political disturbance, rebellion, revolution, insurrection, military or usurped power, invasion, act of foreign enemies, acts of terrorism, sabotage or criminal damage, |
g. |
acts, restrictions, regulations, bylaws, refusal to grant any licences licenses or permissions, prohibitions or measures of any kind on the part of any governmental authority, or inability to secure or failure of supplies including fuel, |
h. |
breakdown, failure or irregular functioning of or damage to any electrical or electronic hardware, equipment, machinery, components or computers including programmes or software employed by the Carrier, their servants or agents, whether directly or indirectly, |
i. |
import or export regulations or embargoes, |
j. |
quarantine restrictions, |
k. |
liability to wastage in bulk, or in weight, latent defect or inherent defect, quality or vice or natural deterioration of the Vessel or Property, |
l. |
Passenger's acts, neglect or default, or breach of or failure to comply with any provision of these terms and conditions, |
m. |
insufficient or improper packing or labelling or addressing of the Property, |
n. |
handling, loading, stowage or unloading of the Property by the Passenger, or any person acting on his behalf, |
o. |
circumstances which the Carrier or the Vessel could not avoid and the consequences of which it was unable to prevent by the exercise of reasonable diligence, |
The passenger admits a full understanding of the nature and character of the Vessel and assumes all risks of travel, transportation and handling of passengers and baggage. The passenger assumes the risk of and releases Carrier from liability for any injury, loss or damage whatsoever arising from, caused by or in the judgment of the Carrier or Master rendered necessary or advisable by reason of: any act of God or public enemies; force majeure; arrest; restraints of governments or their departments or under color of law; rulers or people; piracy; war; revolution; extortion; terrorist actions or threats; hijacking; bombing; threatened or actual rebellion, insurrection, or civil strife; fire, explosion, collision, stranding or grounding; weather conditions; docking or anchoring difficulty; congestion; perils of the sea, rivers, canals, locks or other waters; perils of navigation of any kind; lack of water or passageway in canals; theft; accident to or from machinery, boilers, or latent defects (even though existing at embarkation or commencement of voyages); barratry; desertion or revolt of crew; seizure of ship by legal process; strike, lockout or labor disturbance (regardless whether such strike, lockout or labor disturbance results from a dispute between the Carrier and its employees or any other parties); or from losses of any kind beyond the Carrier’s control. Under any such circumstances the cruise may be altered, shortened, lengthened, or cancelled in whole or part without liability to the Carrier for a refund or otherwise. Except as otherwise specified above, if the Vessel does not sail on or about the scheduled or advertised date for any reason whatsoever, including fault of Carrier, Carrier shall have liberty to substitute any other Vessel or means of transportation, regardless whether owned or operated by Carrier, and to re-berth passengers thereon or, at Carrier’s option, to refund the passage money paid or a pro rata portion thereof without further liability for damages or losses of any kind whatsoever. Carrier, in its sole discretion, shall have full liberty to proceed without pilots and tow and to assist vessels in all situations; to deviate from the direct or customary course for any purpose, including, without limitation, in the interest of passengers or of the Vessel, or to save life or property; to put in at any unscheduled or unadvertised port; to cancel any scheduled call at any port for any reason and at any time before, during or after sailing of the Vessel; to omit, advance or delay landing at any scheduled or advertised port; to put back to port of embarkation or to any port previously visited if Carrier shall deem prudent; to substitute another Vessel or ports of call without prior notice and without incurring any liability to the passengers on account thereof for any loss, damage or delay whatsoever, whether consequential or otherwise. Carrier shall have the absolute right, without liability for compensation to the passenger of any kind, to comply with governmental orders, recommendations or directions, including but not limited to those pertaining to health, security, immigration, customs or safety. In the case of quarantine, each passenger must bear all risks, losses and expenses caused thereby and will be charged for maintenance, payable day-by-day, if maintained on board the Vessel for such period of quarantine. Passenger assumes all risks and losses occasioned by delay or detention howsoever arising. Costs connected with embarkation or debarkation of passengers and/or baggage and costs of transfer between Vessel and shore as a result of the circumstances enumerated in this paragraph must be borne by the passenger. |
11. |
DELAY, OMISSION OR CHANGE OF PORTS
The Carrier may, for any reason whatsoever change the scheduled port of embarkation, omit or change any scheduled call at any intermediate port or omit or change the scheduled port of disembarkation or change the scheduled times of departure or arrival or scheduled duration of the passage, whether before or after the sailing of the Vessel, without previous notice to the Passenger and the Passenger shall have no right to any refund or any right of action against the Carrier and the Carrier shall have no obligation or liability whatsoever and whether for delay or otherwise in respect thereof to the Passenger except as follows:
i) |
If the scheduled date and hour of sailing is delayed, by more than 24 hours, the Carrier may, at its sole discretion arrange, at no additional expense to the Passenger, reasonable accommodation for the Passenger for the duration of the delay. |
ii) |
If the scheduled port of embarkation is changed, the Carrier may, at its sole discretion arrange, at no additional expense to the Passenger, substitute means of transportation (by sea, air or land to be determined by the Carrier) from the original port of embarkation to the rescheduled port of embarkation, or if such substitute transportation is not available, the Carrier will refund to the Passenger the amount it received for the Passage Contract. |
iii) |
If the scheduled port of disembarkation is changed, the Carrier may, at its sole discretion arrange, at no extra expense to the Passenger, substitute means of transportation (by sea, air or land to be determined by the Carrier) to the point of disembarkation from the nearest port at which the Vessel calls or if such substitute transportation is not available, the Carrier will refund to the Passenger an amount equivalent to the cost of substitute transportation provided always such amount shall not exceed the amount it received for the Passage Contract. |
iv) |
If the scheduled duration of the cruise/passage is shortened, whether by reason of an omission or change in the Vessel's scheduled call at any intermediate port or ports, or otherwise, the Carrier's sole liability in respect thereof is to make a pro rata refund to the Passenger based upon the number of whole days the cruise/passage is reduced provided that the scheduled duration of the cruise/passage is shortened by more than 24 hours. |
v) |
If for any reason whatsoever the scheduled duration of the cruise/passage is lengthened, the Carrier shall have no liability whatsoever in respect thereof to the Passenger for the extended period and the Passenger shall not be entitled to any payment or compensation for the delay. |
Provided any delay, change or omission aforesaid is not caused by or in any way attributable to any breach by the Passenger of the items herein or any act, neglect or default on his part and is not due to any cause beyond the control of the Carrier, its servants or agents or the Master. |
12. |
DISABILITY, PREGNANCY AND HEALTH
The Carrier reserves the right to require any Passenger to produce medical evidence of fitness to travel on the cruise.
Passengers with physical or mental disabilities or other handicaps which may require special treatment or assistance (including persons confined to wheelchairs) must advise the Carrier in writing when the booking is made. Passengers confined to wheelchairs must furnish their own standard size wheelchairs and must be accompanied by a travelling companion fit and able to assist them. Ships wheelchairs are available for emergency use only. Further information is contained in the brochure. The Carrier reserves the right to refuse passage to any Passenger who has failed to notify the Carrier of such disabilities or need for assistance or who in the opinion of the Carrier is unfit for travel or whose condition may constitute a danger to themselves or to others on board.
A Passenger shall not have the right to exclusive occupancy of a cabin with two or more berths unless the single person surcharge is paid. If a cancellation results in a Passenger becoming the sole occupant of a cabin with two or more berths, he shall be liable to pay the single person surcharge. If a cancellation reduces the number of Passengers originally booked in a cabin together, the remaining Passengers shall each be liable to pay any increase in the price arising as the result of such reduction.
For fly cruises (and if not already confirmed at the time of booking), the Carrier will advise the details of the flight arrangements within a reasonable time after such arrangements are known. Where any of the arrangements have to be changed after such notification, any such change(s) shall not constitute a significant alteration and any liability of the Carrier shall be limited to paying any necessary and reasonable expenses incurred by the Passenger directly as a result. If the Passenger cancels the Contract because of such changes, a cancellation charge shall become payable. |
13. |
BENEFITS OF LIMITATION OF LIABILITY
It is hereby expressly agreed that no servant or agent of the Carrier (including every independent or sub-contractor whose services are from time to time utilised by and for the purposes of the Carrier) shall in any circumstances whatsoever, be under any liability whatsoever to the Passenger for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment or agency and, without prejudice to the generality of the foregoing provisions of this clause, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled hereunder shall also be available and shall extend to protect every such servant or agent of the Carrier (including such contractors as aforesaid) acting as aforesaid and for the purpose of all the foregoing provisions of this clause, the Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be the Carrier's servants or agents from time to time (including such contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the Passage Contract. |
14. |
BAGGAGE, VALUABLES AND OTHER PROPERTIES
a. |
Whenever the term "baggage" is used herein, it shall mean only suitcases, valises, satchels, bags, hangers or bundles and their contents consisting of such personal wearing apparel, articles of personal adornment, toilet articles and similar personal effects as are necessary and appropriate for the purposes of the cruise, including all other personal property of the passenger not in a container. No tools of trade, household goods, computers, musical instruments, radios, televisions, electronic equipment, liquors, fragile items, bullion, jewelry, precious stones, money, documents, or other valuables of any description or such articles as are specified shall be brought upon the Vessel by passenger or contained in passenger’s baggage, except under and subject to the terms of a special written contract entered into with the Carrier before embarkation upon application of the passenger. The passenger hereby warrants that no such articles have been carried on the Vessel or are contained in any receptacle or container presented to the Carrier as baggage. Carrier shall not be liable for any loss of or damage to any of the above listed items, or perishable items, dentures, optical devices (including contact lenses), medications, cameras, recreational and/or sporting equipment, cash, securities or other negotiable instruments under any circumstances whatsoever, whether carried within the passenger’s baggage or otherwise. |
b. |
It is stipulated that the aggregate value of all the passenger’s baggage and any other property under this ticket does not exceed USD300.00 and any liability of the Carrier or the Vessel for any cause whatsoever with respect to said baggage shall not exceed such sum |
c. |
Baggage of any variety, including excess baggage, must contain only personal effects of the Passenger and no Property of others shall be carried on board the Vessel. |
d. |
The Passenger must not carry as baggage, or bring on board the Vessel, weapons, explosives or inflammable or other dangerous, harmful or noxious article or substance of any kind. The Passenger shall be liable for all penalties imposed by statute and for all damages and losses sustained whether by the Carrier, the Vessel, or any person or Property or otherwise by reason or in consequence of any weapons, explosives, inflammable or other dangerous goods or articles being brought or carried on board the Vessel. |
e. |
No animals of any kind are allowed aboard the Vessel |
f. |
The Carrier or Master or any officer of the Vessel may at its or his sole discretion move any Animal or Property from one part of the Vessel to another part of the Vessel or altogether remove from the Vessel, dispose of or destroy such animal or Property, for whatever reason at any time or place without any liability of any kind whatsoever to the Passenger responsible for bringing such Animal or Property on board or any person in whose possession or custody it is or its owner. |
g. |
No passenger may drink any alcoholic drink aboard the Vessel unless the servants or agents of the Carrier have served or sold that drink to the Passenger. In the event of the Passenger bringing on board any liquor in excess of the quality permitted for landing duty free at the port of embarkation, such liquor shall be placed in bond aboard the Vessel and returned to the Passenger upon arrival at the port of disembarkation. |
h. |
All Property must be securely packed and distinctly labelled with the Passenger's full name, home address, name of Vessel, date of sailing and destination and if the Passenger fails to do so, the Carrier and/or the Vessel shall not be liable for any loss of or damage to or delay in delivery of the Property whatsoever and howsoever arising. |
i. |
Property not claimed upon arrival of the Vessel will be stored at the Passenger's and owner's risk and expense and if not collected within 30 days of the Vessel's arrival, may be disposed off by the Carrier in any manner whatsoever it deems fit without any liability or compensation to the Passenger and/or the owner and/or any other person. |
j. |
The Passenger shall not be liable in respect of baggage or personal effects or Property to pay or be entitled to receive any general average contribution. |
k. |
The Carrier and/or the Master shall have a lien upon any Property belonging to any Passenger or in his possession whether the Property is carried in the Vessel upon which the Passenger is travelling or in any other vessel owned by or on charter to the Carrier, in satisfaction of any sums, monies, expenses, charges or damages whatsoever which are or may in any way have become due whether under the Passage Contract or any other contract or otherwise by the Passenger to the Carrier, or to its servants, agents or representative including any expenses and costs incurred in exercising such lien and a right to sell the Property by auction or otherwise, without notice to the Passenger, and to apply the proceeds of the sale towards all amounts due and expenses in relation to the storage and sale thereof. Upon accounting to the Passenger for the balance remaining, if any, the Carrier, the Vessel and/or the Master shall be discharged from all liability whatsoever in respect of the Property. |
l. |
All valuables must be kept in the safe designated by the Carrier from time to time; |
m. |
All disclaimers and limitations of liability contained herein shall apply to all valuables stored or accepted for storage by Carrier, including valuables stored with the Carrier in safety deposit boxes or security envelopes. Carrier cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in cabins, and in no event shall Carrier be liable for loss or damage to property of any kind not shown by the passenger to have occurred while in the Carrier’s actual custody, or for normal wear and tear. |
n. |
Loss of or damage to baggage during loading or disembarking must be reported by the passenger to Carrier’s personnel prior to debarking the Customs in the related area; Carrier shall not be responsible for any such loss or damage which is not so reported. Liability, if any, for loss or damage to baggage occurring elsewhere than on board the Vessel in connection with air, car, motor coach, ground transfers, porters, stevedores and/or hotels shall rest solely with the person or entity providing such services and passenger agrees that Carrier does not guarantee the performance of such services and shall not be liable in any respect or capacity for any such loss or damage. Carrier has an absolute right to transfer passenger and/or his baggage to other carriers, whether by water, rail or air, to or toward the ultimate destination. In the event such substituted passage is for the convenience of the Carrier, it shall be at Carrier’s cost. Otherwise, it shall be at the cost of passenger. |
|
15. |
INDEPENDENT CONTRACTORS, OCCURRENCES NOT ABOARD THE VESSEL, TOURS ETC.
The Passenger shall have no right to any refund by the Carrier in respect of and the Carrier accepts no responsibility for, acts or omissions of independent contractors, who are not agents or employees of the Carrier. The Passenger agrees that neither the Carrier nor the Vessel shall have any liability of any nature for injury, loss or damage to any person, or Property as a result of any act, omission or negligence of any of these contractors or any other person providing to the Passenger any of the off-ship services relating to the cruise/passage and the Passenger hereby releases and discharges the Carrier and the Vessel against or from, any claims for such injury, loss or damage. Arrangements with independent contractors include but not limited to the following:
i. |
Services or products available for the Passenger's convenience on board the Vessel including but not limited to those furnished by doctors, dentists, nurses, barbers, hairdressers, manicurists, masseurs, photographers, entertainers, instructors and shopkeepers. |
ii. |
Services, products or transportation elsewhere than aboard a Vessel owned by or operated by the Carrier, which are furnished by others in connection with excursions, shore trips, hotels, tender service, trans-shipments, transportation whether by Vessel or by air, rail, land or other means, or connections between its vessels and other carriers. |
iii. |
Other services, products or transportation provided elsewhere than aboard the Vessel owned by or operated by the Carrier in connection with tours whether arranged or organised by tour operators, travel agents, the Carrier or its agents. Tours including hotels and transportation by Vessel or by air, rail or land are not under the operation and control of the Carrier, and the Carrier makes no representation of any kind as to them. |
In making any arrangements for the transportation | |
