Terms and Conditions
** These Terms and Conditions are subject to change at any time.**
Last revised on January 28, 2016
ROCK LEGENDS CRUISE V TERMS AND CONDITIONS
These Terms and Conditions are subject to change at any time.
Please read the following Terms and Conditions BEFORE you book your cabin on the cruise. These documents contain important limitations on your rights. These are legally binding documents. This document contains additional contractual terms, conditions and limitations between you and Native American Heritage Association, (“NAHA” or their respective officers, directors, employees, agents and contractors collectively referred to herein as the “Released Parties”), with respect to this cruise beyond the terms and conditions described in the Royal Caribbean International (RCI) Ticket Contract (“RCI Passenger Contract”).
All references to “Guest” shall have the same meaning as “Passenger” for purposes of this contract and will include each person listed on a Ticket Contract and each person, other than NAHA personnel, RCI personnel and artists and artist personnel, who embarks on the Cruise or attends any Cruise or Cruise related event, whether or not listed on a Cruise Ticket Contract. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine, as context requires.
By making this reservation, or by acceptance and/or use of the RCI Passenger Contract, the person named thereon as Guests, each passenger and guest on the same reservation, acknowledges he or she has read, and understands each and every term, condition, and provision of the RCI Passenger Contract and agrees to be bound thereby. In addition, by making this reservation or by the acceptance and/or use of the RCI Passenger Contract by the persons named as Guests, it shall be deemed to bear acceptance and agreement by each and every person to all the additional Terms and Conditions set forth herein.
Includes all NAHA talent/entertainment related fees, your accommodations onboard the ship, all meals in the main dining room(s) and cafeteria, other casual dining throughout the day, non-carbonated beverages (coffee, tea, juices, etc.), room service per posted hours (surcharge may apply to some delivery times), use of the ship’s pools and health and fitness center.
Your cruise fare does not include fuel surcharges, transportation to/from ship, shore excursions, sightseeing or meals ashore, meals in specialty and a la carte restaurants, laundry, wine, beer, liquors, cocktails, soda, mineral water, medical expenses, spa treatments, beauty salon, casino gaming, onboard shopping, onboard gratuities to the ship’s personnel or any other items of a personal nature.
PRICES AND PAYMENTS
Rates as described on the Pricing page of the Rock Legends Cruise V website (http://www.rocklegendscruisev.com/pricing/) are per person. All deposits will be a minimum of $250 per cabin, regardless of the type of cabin or the number of passengers that will be occupying it. The date you make your reservation will ultimately determine the number of months you will have in your payment plan.
A deposit is due at the time you make the reservation. Payments may be made based on the following schedule:
MONTHLY PAYMENT OPTION
|Deposit Date||Deposit / Payment #1||# of Monthly Payments *||Monthly Payments Begin||Monthly Payments End|
|Any cabins booked after November 30, 2016 must PAY IN FULL AT TIME OF BOOKING.
* Each payment will be an equal amount determined by your total cabin cost (including taxes and port fees), minus your deposit, divided by the number of months.
|Oct 1-2, 2015||$50||12||Nov 1, 2015||Oct 1, 2016|
|Oct 3-31, 2015||$250||12||Nov 1, 2015||Oct 1, 2016|
|Nov 2015||$250||11||Dec 1, 2015||Oct 1, 2016|
|Dec 2015||$250||10||Jan 1, 2016||Oct 1, 2016|
|Jan 2016||$250||9||Feb 1, 2016||Oct 1, 2016|
|Feb 2016||$250||8||Mar 1, 2016||Oct 1, 2016|
|Mar 2016||$250||7||Apr 1, 2016||Oct 1, 2016|
|Apr 2016||$250||6||May 1, 2016||Oct 1, 2016|
|May 2016||$250||5||Jun 1, 2016||Oct 1, 2016|
|Jun 2016||$250||4||Jul 1, 2016||Oct 1, 2016|
|Jul 2016||$250||3||Aug 1, 2016||Oct 1, 2016|
|Aug 2016||$250||2||Sep 1, 2016||Oct 1, 2016|
|Sep 2016||$250||2||Oct 1, 2016||Nov 1, 2016|
|Oct 2016||$250||2||Nov 1, 2016||Dec 1, 2016|
|Nov 2016||50%||1||Dec 1, 2016||Dec 1, 2016|
THE FINE PRINT ABOUT YOUR PAYMENT CONTRACT
The payment plan is a contract between you and Native American Heritage Association / RLC. Payments are due the 1st day of each month. Be aware that if you book and pay your deposit towards the end of the month, your first payment will be due on the first of the next month, which may only be a few days (or even one day) later.
If you sign-up for the autopay plan, payments will be processed using the credit (or debit) card provided during registration. Payments are processed on the first business day of each month.
You may change your autopay option or the credit card being used by contacting NAHA at 888-666-1499 during regular business hours (Tuesday – Friday, 8:00 am to 4:30 pm Eastern Time).
All payments must be processed by credit or debit card (VISA, MasterCard, Discover or American Express) or by bank account transfer. Personal checks will not be accepted.
PENALTIES FOR LATE AND/OR NONPAYMENT
Payments not made within 30 days of the due date will be assessed a $50 late fee. Late fees must be paid along with the month for which they were assessed.
Accounts that become 90 days past due will automatically be cancelled. Reservations cancelled due to nonpayment will not receive a refund of any amount at any time.
All cabins booked prior to November 30, 2016 must be paid in full by December 15, 2016. For any cabin not paid in full by December 15, 2016, NAHA reserves the right to consider a reservation cancelled and to charge the applicable penalties.
Payment Terms supersede those made by the RCI Passenger Contract. Please note the payment provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by RCI or its affiliated entities, whether in the RCI Passenger Contract terms or elsewhere. All rights granted to passengers in the RCI Passenger Contract, relating to the payment or refund of cruise fare and to cancellations by passengers are not operative.
Downgrading of cabins will be allowed if there are any lesser cabins available, however if the total price of the downgraded cabin is less than the amount already paid, no refund will be given.
GOVERNMENT TAXES, FEES AND GRATUITIES
Mandatory government taxes and fees totaling $200.00 (USD) per person will be charged with your cruise fare.
Royal Caribbean automatically adds gratuities to each guest’s cabin account (SeaPass) on a daily basis. For standard cabins (Junior Suites and smaller) the charge is $12.95 per person per day ($51.80 total per person for the cruise). For Grand Suites and larger the charge is $15.95 per person per day ($63.80 total per person for the cruise). These mandatory gratuities are for the maître d’ and his assistants, your waiters and busboys, buffet staff, stateroom attendants, housekeeping services, room service and bellboys. Casino dealers and spa personnel are not included since not all guests will utilize those services. A 15% gratuity is automatically added to bar service beverages, minibar items, and spa and salon services. These gratuities may be itemized on your receipt.
STATEROOM NUMBER ASSIGNMENTS
Passengers will have the opportunity to choose their cabin, based on availability, at the time of booking.
ONLINE REGISTRATION WITH ROYAL CARIBBEAN
Once we submit the manifest to Royal Caribbean (approximately 4-6 weeks prior to sailing), they will assign each passenger a reservation number. As soon as Rock Legends Cruise receives the reservation numbers, an email will be sent out to all email addresses on file containing the reservation number for your cabin. All passengers in your cabin will be under the same reservation number (with the exception of cabins with five or more people, which will be assigned two registration numbers). Each passenger will need to go to http://www.royalcaribbean.com and complete their Online Check-in process. Here you will be able to register, print your e-documents, book excursions, etc., and print your SetSail passes. Each passenger must be registered online with Royal Caribbean at least 4 days prior to the sail date.
Due to the unique nature of our event, we have a very strict cancellation policy. We HIGHLY recommend that passengers consider purchasing travel insurance. Use any insurance provider you like or to compare hundreds of plans from top providers visit the Squaremouth website. You can use their site to purchase online or to investigate every feature of every policy.
Prior to March 4, 2016 passengers will be allowed to cancel with a FULL REFUND except for a $50 per cabin processing fee.
From 8:00 am (Eastern Time) on March 4, 2016 to 8:00 am August 1, 2016 – passengers may be refunded 50% of all monies paid to the date of their cancellation.
As of 8:00 am (Eastern Time) on August 1, 2016 all monies paid are nonrefundable. REFUNDS WILL NOT BE GIVEN FOR ANY REASON.
Any reservation cancelled for 90+ days of nonpayment will receive no refund at any time.
There will be no refunds given for those who do not show up on time, unused tickets or after the Cruise has occurred.
Again, we HIGHLY recommend that passengers consider purchasing travel insurance.
Please note the cancellation provision of these Terms and Conditions applies to the Cruise, regardless of any representations made by RCI, whether in its passenger contract terms or elsewhere. All rights granted to passengers in the RCI passenger contract relating to the payment or refund of cruise fare and to cancellations by passengers shall not be operative.
The passenger who places a reservation for a cabin is considered the cabin’s “Primary” passenger and is SOLELY RESPONSIBLE for initiating or authorizing changes to the reservation.
If Primary passenger reservation is transferred to a NEW passenger, the NEW passenger must pay all money due on the account up to the time it is transferred and will then be held to the same payment schedule as the party releasing the cabin was originally bound. Once the NEW passenger has assumed the financial responsibility, as herein described, for the cabin, a refund for the releasing party will be processed.
Up until the time the cruise is sold out, cabin transfers will be done at no charge. After the cruise is sold out, there will be a $300 transfer fee that must be paid by the relinquishing party.
All passenger changes must be initiated by the Primary passenger. Changes will only be made by NAHA staff. The Primary passenger must call NAHA directly (888-666-1499) to make changes.
All changes must be completed by October 31, 2016.
Your decision to accept a roommate for the Cruise is at your own risk. NAHA and its Released Parties are not responsible nor liable for any and all claims or cause of action arising out of or in connection with your selection of a roommate for the Cruise, including, without limitation, any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such request or selection.
It shall remain the Primary passenger’s responsibility to ensure that the Cruise Fare is paid in full by all parties. In the case that a roommate defaults on payment, cancels their reservation or there is a dispute resulting in the desire to no longer room together, the Primary passenger shall be responsible for the full cabin fare and/or for finding a replacement roommate.
RIGHT TO CHANGE ITINERARY
NAHA and/or RCI reserve the right, at any time, to change the cruise itinerary whenever advisable or necessary. In this case, NAHA and/or RCI will NOT be responsible for any loss or expenses caused by reason of such changes or abandonment. Refunds will NOT be made to passengers who elect not to complete the cruise for any reason or cause whatsoever.
PORTS OF CALL
You assume sole responsibility for your own safety in any port of call. NAHA and the other Released Parties do not guarantee your safety at any time. You may find information about the scheduled ports of call through the U.S. Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations. NAHA and the other Released Parties assume no responsibility for gathering and/or disseminating any such information.
SHORE EXCURSIONS AND CRUISE AMENITIES
You acknowledge that all shore excursions and tours, however conducted, airline flights and ground transportation; and any ship physician, nurse and on board concessions (including, without limitation, gift shops, spa, beauty salon, fitness center, golf and art programs, and video/snorkel concession) are operated by independent contractors. NAHA neither supervises nor controls their actions, nor makes any representation, whether express or implied, as to their suitability. These services are provided only as a convenience for you, and you are free to use or not use them. You agree that each of the Released Parties assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to you and/or your property in connection with these services. You use them at your own risk.
AGE REQUIREMENTS / WHO MAY SAIL
Please make sure that everyone in your stateroom is eligible to sail.
Infants who are at least 6 months on the day of departure, may sail.
Women who will be less than 24 weeks into their pregnancy on the day of departure and for the duration of the cruise, may sail. This policy is due to the risk of premature labor. Pregnant women must have a letter from their doctor (on the physician’s letterhead) stating how far along (in weeks) their pregnancy will be at the beginning of the cruise, that mother and baby are in good health and fit to travel, and that the pregnancy is not high-risk.
Adults aged twenty-one or older may sail. The cruise line shall refuse boarding to any guest under the age of twenty-one unless the guest is:
- Traveling in the same stateroom with an individual twenty-five years or older; or
- Traveling in the same stateroom with their spouse
- Proof of age and/or proof of marriage are required
Guests not conforming to these policies will be denied boarding and no refund of the cruise fare will be issued. Sorry, there are NO EXCEPTIONS to these policies.
PASSPORT AND LEGAL DOCUMENT REQUIREMENTS
The Western Hemisphere Travel Initiative (WHTI) Passport Requirements became effective June 1, 2010, for land and sea borders. While the WHTI requires a valid passport for land and sea travel, a final ruling was issued allowing leniency for “closed-loop” cruises, i.e., sailings that both originate and terminate in the same U.S. port.
U.S. citizens taking “closed-loop” cruises are not required to have a passport, but will need proof of citizenship such as an original or certified copy of a birth certificate, a certificate of naturalization, a passport card, an enhanced driver’s license (EDL) as well as a government-issued photo ID. Children are also required to bring proof of citizenship, and if 16 and over, a photo ID is also required. Canadian and Bermudian citizens are required to have a passport for air, land and sea travel, including all Royal Caribbean cruises.
Although a passport is not required for U.S. citizens taking “closed loop” cruises, we strongly recommend all guests travel with a passport (valid for at least six months beyond completion of travel). Having a passport will enable guests to fly from the U.S. to a foreign port in the event they miss their scheduled embarkation or to fly back to the U.S. if they need to disembark the ship mid-cruise due to an emergency.
U.S. Alien Residents need a valid Alien Resident Card. Non-U.S. citizens need a valid passport and a valid, unexpired U.S. Multiple Re-entry Visa, if applicable.
For more information or to obtain a passport application, visit the U.S. Department of State website.
All guests must present the required documentation at embarkation. Guests without the required documentation will be denied boarding and no refund will be issued. Please understand that RCI will strictly enforce this requirement to be in compliance with this important U.S. Government mandate.
Family Legal Documents: Adults who are not the parent or Legal Guardian of any minor child traveling with them are required to present the child’s valid passport and visa (if required) or the child’s birth certificate (original or certified copy) and an original notarized letter signed by at least one of the child’s parents. The notarized letter from the child’s parent must authorize the traveling adult to take the child on the specific cruise and must authorize the traveling adult to supervise the child and permit any medical treatment that may need to be administered to the child. If a non-parent adult is a Legal Guardian, the adult must present a notarized certificate of Guardianship with respect to the child.
NON U.S. CITIZENS
You will need a valid passport and, in some cases, a visa. If you live in the U.S., you will also need the original copy of your Alien Registration Card (ARC or “Green Card”) and any other documentation the countries on your itinerary require due to your alien status.
Citizens from the Visa Waiver Program countries will require a machine-readable passport valid for the duration of their voyage. A machine-readable passport has a code like this on the bottom of the picture page:
NAHA and the other Released Parties (as herein defined) assume no responsibility for advising you of immigration requirements. Non-U.S. citizens, including resident aliens, must contact the appropriate consulates, embassies and/or immigration office(s) to inquire about necessary documentation for the Cruise’s ports of call.
Your name, as listed on your travel documents, must exactly match your name as listed on your Cruise documents.
INOCULATION AND HEALTH
All guests must ensure that they are medically and physically fit for travel. The Centers for Disease Control (CDC) and the World Health Organization (WHO) provide guidelines as to which vaccinations are required in each country. In many cases inoculations are recommended but in some circumstances they are required. We recommend that you check with your health care professional or a Travel Medicine Specialist certified by the WHO for guidance. Other informational resources can be accessed at the Center for Disease Control and Prevention’s Travelers’ Health website or toll free at 1-877-FYI-TRIP, and the World Health Organization website.
PASSENGERS WITH SPECIAL NEEDS
By booking the Cruise, you warrant that you, and those traveling with you, are physically fit to travel at the time of embarkation. You must notify NAHA at the time of booking of any disability or other medical or physical condition that may require special assistance during the Cruise. Your failure to do so will release the Released Parties from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. NAHA and RCI reserve the right to require that any passenger who is not self-sufficient travel with a companion who shall take responsibility for any assistance needed during the Cruise and in case of emergency.
If a guest requires a wheelchair, powered wheelchair or scooter to use at any time during the course of their cruise they can bring their own or rent one from an outside vendor who will deliver it to the ship. Royal Caribbean does NOT offer these items for onboard use.
IF you require the use of a wheelchair or scooter on board, please note that such items DO NOT FIT into a standard cabin – only the Handicap Accessible cabins. You MAY NOT leave your wheelchair or scooter out in the hallway – this is considered a safety issue on board and the item will be removed by ship staff. If you need a wheelchair on board and are in a standard cabin, make sure the wheelchair folds!!!!!
The following vendors rent wheelchairs, powered wheelchairs and scooters to guests with disabilities and have security clearance to get on and off of Royal Caribbean ships:
Care Vacations: 1-877-478-7827
Special Needs at Sea: 1-800-513-4515
You assume all risks associated with travel and transportation on the Cruise. While at sea or in port, the availability of medical care may be limited and/or delayed. You acknowledge that all or part of the Cruise may be in areas where medical care and/or evacuation may not be available. You agree to indemnify and reimburse NAHA and/or RCI in the event that either party, in its sole discretion, chooses to advance to you the cost of emergency medical care, including medical evacuation and/or medical care provided ashore, as well as transportation and/or lodging in connection therewith. NAHA shall have no responsibility to advance any such costs.
RCI and NAHA assume no responsibility for carry-on luggage. Any luggage left at the pier will be forwarded at the guest’s expense. Claims for luggage loss or damage must be made in writing to debarkation personnel prior to leaving the pier area. All luggage must be stored in the passenger’s cabin. Pets, dangerous or illegal items such as weapons, explosives, combustible substances, non-prescription controlled substances, or illegal drugs may not be brought onboard the ship. Any such items shall be surrendered to security at embarkation and may be disposed of at the sole discretion of RCI Cruise Lines. All luggage hand-carried or checked is subject to search.
You may not sell, promote, distribute or offer for sale any merchandise, goods, souvenirs or other products on the Cruise without first obtaining NAHA’s written approval.
PHOTOGRAPHY AND VIDEO
NAHA and/or its promotional partners have the exclusive right to include photographic, video and other visual portrayals of passengers in any medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to passengers, and all rights, title and interest therein (including all worldwide copyrights therein) shall be NAHA sole property, free from any claims by passengers or any person deriving any rights or interest from passenger. A video crew may be shooting footage to be used for the promotion of future NAHA events. When the video team is shooting any particular location/venue on the ship, your presence in said location/venue acknowledges your permission for your likeness to be used in future, non-broadcast promotional videos or still pictures. If you do not wish to be filmed please notify the video crew and be prepared for them to ask you to exit the location/venue for a short time until taping is complete.
PHOTO POLICY FOR PASSENGERS
Guests will be permitted to take photos and videos onboard the cruise and during performances with small, non-professional digital cameras and cell phones. Out of respect for our performers and your fellow guests, we ask that you please NOT use flash during shows. Professional quality cameras with detachable lenses and video specific cameras are strictly prohibited. We appreciate your cooperation!
REFUSAL OF PASSAGE
Transportation on the Cruise may be denied to any person who, in NAHA’s or RCI’s sole discretion: (1) is or becomes in such a condition as to be unfit to travel; (2) is dangerous or obnoxious to others; or (3) is inadmissible under the laws of any country of debarkation. In addition, NAHA and RCI reserve the right to refuse passage, disembark or confine to a stateroom any person who’s physical or mental condition or behavior they consider, in their sole discretion, to constitute a risk to the person’s own well-being or that of any other person. NAHA and RCI has the right to disallow booking or boarding to any passenger that, in the opinion of NAHA and RCI, may impact the cruise, other passengers, or artists in a negative or disruptive way. NAHA and RCI shall have unilateral rights in any such decisions. The Released Parties shall have no liability to any such person or any third party arising out of any such decision. Any costs resulting from NAHA’s and/or RCI’s decision, including, without limitation, costs of lodging and transportation, shall be the responsibility solely of the person.
Passenger, or if a minor, his or her parent or guardian, shall be liable to, and shall reimburse Released Parties for, any damage to the Released Parties’ property, the Vessel, the Transport or any property of NAHA or RCI caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger; and Passenger, or if a minor, his or her parent or guardian, shall further indemnify the Released Parties and each and all of their agents and servants against all liability which the Released Parties may incur towards any person or company or government for any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of Passenger.
The onboard smoking policy for all Royal Caribbean ships has changed. Direct from the RCI website, here is (a slightly condensed version of) their verbiage:
“Cigarette, cigar, e-cigarette and pipe smoking is permitted in designated outdoor areas of the starboard side of all ships… To assist in locating areas where smoking is permitted, guests will find visible signage posted within all smoking areas and ashtrays that are provided for use.
Outdoor areas near restricted areas, food venues, and kids play areas and pools will not allow smoking.
Casino Royale allows smoking and has a designated area for non-smoking guests. There will be visible signage indicating the non-smoking area in the casino.
Onboard all interior public spaces are smoke free. Smoking is not permitted in any dining venue, theater, bar, lounge, hallway, elevator, and jogging track.
Smoking is not permitted inside any stateroom and any stateroom balcony. This applies to all stateroom categories onboard. If a guest is in violation of this stateroom policy, a cleaning fee of $250 USD will be applied to their SeaPass® account and may be subject to further action pursuant to the “Consequences Section” of the Guest Conduct Policy.
Cigarettes, cigars and pipe tobacco must be properly disposed of and never thrown overboard. Cigar and pipe tobacco is limited to designated outdoor areas and Cigar Bars. You must be at least 18 years of age to purchase, possess or use tobacco onboard.
Electronic cigarettes or e-cigarettes are only permitted within the designated smoking areas.
Royal Caribbean International kindly asks all guests to please observe the smoking policy. These requests are made to provide a comfortable cruise for everyone. Guests may also inquire at Guest Services for the location of the designated smoking areas onboard.
Guests who violate this smoking policy may be subject to further action pursuant to the “Consequences Section” of this Guest Conduct Policy.
Royal Caribbean updated the smoking policy September 2013 and the above policy is enforced on all ships with cruises departing on or after January 1, 2014.”
It is VERY IMPORTANT TO NOTE that the “Consequences Section” of the Guest Conduct Policy includes the following possible actions:
- Removal of certain onboard privileges, which may include being detained, quarantined or confined in a stateroom or holding cell;
- Denial of boarding on the current or any future Royal Caribbean International cruise vacation;
- Removal from a ship at the next port of call. Guests removed from a Royal Caribbean International ship pursuant to this policy are responsible for their own accommodations and transportation home, at their expense. Documentation requirements for re-entry into the guest’s home country are also the responsibility of the guest.
We have been very fortunate to establish an amazing relationship with Royal Caribbean. Please let’s continue to maintain that relationship and abide by this policy change.
ZERO TOLERANCE DRUG POLICY
NAHA has a zero tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in disembarkation from the vessel as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases, NAHA and RCI shall not be liable for any refund or other compensation or damages.
LIQUOR AND BEVERAGE POLICY
Guests are prohibited from bringing any alcoholic beverages, non-alcoholic beverages or any food onboard. Alcoholic beverages will not be sold or served to anyone under the age of 21. We reserve the right to refuse the sale of alcoholic beverages to anyone. Alcoholic beverages purchased in the ship’s gift shops or in ports of call will be retained by RCI Cruise Lines until the end of the voyage.
In accordance with NAHA’s charter agreement with RCI, the Royal Caribbean Crown and Anchor program amenities are not available or applicable.
Due to the expected lack of children’s attendance at this event, NAHA may shut down several areas designated for children, i.e., teen bar, ice skating rink, etc., for band equipment.
NATURE OF THE CRUISE
Rock Legends Cruise is an event cruise featuring multiple headline musicians. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular concert on any particular date to be performed by any particular artist.
NAHA and Guest agree that Guest is purchasing passage on board a specific vessel during a specific period of time during which time it is anticipated that headline musicians will perform multiple concerts on board the vessel during the Cruise. Included in such purchase price, but ancillary thereto, is an entertainment package pursuant to which several artists will perform at a time or times during the Cruise which times will be announced prior to sailing and/or during the Cruise. Due to the large number of artists and other activities onboard, there may be some conflicting events and performances. NAHA cannot guarantee that any Guest will be able to attend every performance aboard the Cruise. It is also anticipated individual musicians will attend publicity and promotional events during the Cruise while on board to provide Guests an opportunity to meet the musicians in person. However, NAHA can make no guarantee that any guest will in fact be able to meet any of the musicians in person during the Cruise or during any shore excursion.
All performances are festival style with general admission. NAHA will not guarantee you get to see a specific artist or meet them, but due to the multiple performances by each artist, it is our hope you will see the best shows of your life.
CANCELLATION BY NAHA AND / OR RCI
In the event of strike, lockouts, riots or stoppage of labor from whatever causes, or for any other reason whatsoever beyond the control of NAHA or RCI, RCI in its sole discretion may cancel, advance or postpone any scheduled sailing or call at any port and may (but is not obligated to) substitute another vessel, and neither RCI nor NAHA shall be liable for any loss whatsoever to passengers by reason of such cancellation, advancement, postponement, or substitution. Thereupon, NAHA shall return to you, if the Cruise is completely cancelled, your cabin fare and related taxes and fees, or, if the Cruise is partially cancelled, a proportionate part thereof. Under such circumstances, NAHA and the Released Parties shall have no further liability for damages or compensation of any kind. Please note that the availability of any refund for travel insurance and/or other travel products (airfare, hotel, car rental), will be determined in accordance with the applicable cancellation policies for such other products or services.
CANCELLATION BY ARTISTS
NAHA has entered into an agreement with each performing artist on the Cruise to be present on board the Cruise and perform in accordance with terms specified therein. However, neither NAHA nor RCI shall be liable or responsible for failure of any artist or musician to appear on board or to perform under its agreement. Further, neither NAHA nor RCI shall be liable or responsible for any loss, damage, cost or expense of any kind to any Passenger or any other person or entity in the event that such performance is prevented or such loss, damage, cost or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the vessel (for which the Master shall be the sole judge), breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by governmental authority, illness, death of a family member or other cause or circumstance beyond NAHA’s reasonable control. In the event of any failure of contracted artists to perform during the cruise, NAHA, in its sole discretion, may engage a replacement artist or artists, or may change, postpone or terminate all or any part of the Cruise or the entertainment program or change the program or itinerary. In such case, NAHA shall have no liability to any Passenger for any loss, damage, cost or expense whatsoever by reason of such change.
LIMITATION OF LIABILITY
By booking the Cruise, you (the passenger) agree to release and hold harmless the Released Parties, from and against any claim or cause of action arising out of or in connection with your travel on and participation in the Cruise, including, but not limited to: (1) injury, death or delay of passengers, or loss, damage or delay of or to passengers’ baggage or other property, which may be caused, directly or indirectly, in whole or in part, from participation in the Cruise, including, without limitation, passenger’s use of or participation in any shore excursion, on board concession or athletic or recreational activity; (2) your request for or selection of a roommate for the Cruise; (3) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances (except when such damages were caused by the Released Parties’ negligence and resulted from the same passenger’s sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to have been intentionally inflicted by the Released Parties); (4) any change in scheduled Cruise events and/or celebrity appearances; or (5) RCI exercise of its contractual rights (see below). You further agree that the Released Parties shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by any of the Released Parties, nor for any intentional or negligent acts of any of the Released Parties’ employees committed while off duty or outside the course and scope of their employment.
It is agreed by and between the passenger and NAHA that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the passenger’s cruise, shall be litigated, if at all, before the United States District Court in the State of Virginia, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in the State of Virginia, U.S.A. to the exclusion of the Courts of any other county, state or country.
These Terms and Conditions and the terms accepted during the cruise reservation process contain the entire agreement between NAHA and Passenger and supersedes any other agreements, written or oral, relating to the subject matter herein. Any waiver of any provision of must be made in writing and signed by an authorized representative of NAHA. If any portion of shall be determined to be invalid, then said portion shall be deemed severed from the Contract in such jurisdiction only and all remaining portion shall remain in full force and effect.
**The above Terms and Conditions are subject to change at any time.**