PASSENGER
TICKET AND CONTRACT
ROYAL Olympia CRUISES LTD. - Managers and Operators
Akti Miaouli 87, 18538 Piraeus, Greece - Telephone: 429 10 00
Important Notice- Read before accepting--- Please read carefully
the entire terms of this ticket, begininning below. All these
terms are an integral part of the contract between the passengers
and the Carrier. In accepting this contract, you agree to the
terms. Attention is particularly drawn to the Carrier's right
of exemption and limitation set forth in Clauses 11
and 12.
GENERAL CONDITIONS
THE CONTRACT TERMS AND CONDITIONS REFERRED IN THIS TICKET AND
SET FORTH ON THIS AND THE FOLLOWING PAGES (1-2-3-4), TO WHICH
PASSENGER EXPRESSLY AGREES AND WHICH ARE TO APPLY TO AND GOVERN
THE RELATIONS WHATEVER THEY MAY BE BETWEEN PASSENGER AND THE CARRIER,
MASTER, VESSEL, OWNER, OFFICERS, CREW AND AGENTS, IN EVERY CONTINGENCY
WHATSOEVER OCCURRING AND EVEN IN THE EVENT OF OR DURING DEVIATION
OR UNSEAWORTHINESS OF THE VESSEL AT THE INCEPTION OF THE VOYAGE
OR SUBSEQUENTLY AS FOLLOWS; THE TERMS IF THIS PASSAGE CONTRACT
SUPERSEDE ALL REPRESENTATIONS, PROMISES AND AGREEMENTS WHATSOEVER
THAT MAY HAVE BEEN MADE OR MAY BE CLAIMED TO HAVE BEEN MADE, TO
OR WITH THE PASSENGERS, OR HIS AGENTS OR REPRESENTATIVE BY ANYONE
ON BEHALF OF THE CARRIER.
NOTICE. The Passenger’s attention is particularly directed to
the terms and limitations of this contract.
1) a) Except when inconsistent with the context hereof, the word
<<Vessel>> shall include the vessel named in this
passage contract, any substituted vessel, any tender or craft
owned or operated by the Carrier and used to embark or disembark
passengers and/or baggage and any vessel or craft or other means
of conveyance whatsoever owned, chartered operated or controlled
by the <<Carrier>> shall, except in the provision
against waiver of the terms hereof, include the vessel as defined
herein, her owner, demise charterer and operator, and also any
time charterer or person to the extent bound by this passage contract
to the Passenger, whether acting as Carrier or bailee: and the
Master, Officers and Crew of the carrying vessel; the word <<baggage>>
shall include all kinds of personal effects and property whatsoever
of the Passengers whether or not re and such as are ordinarily
or usually carried by the Passengers of like station making like
journeys and whether taken on board before or during the voyage,
but shall not include any articles such as described in Clause
10 (b)c and 11 (c) hereof the word <<Passenger>> shall
include all the persons who use or are mentioned in the passage
contract and their surviving spouse, executors, administrators,
legal representatives, heirs, assigns, next of kin, dependents
and personal representatives masculine pronoun including the feminine
gender whenever applicable; the word <<charges>> shall
include all fare, other expenses, costs, indemnities , damages
and money obligation, whatsoever payable by or chargeable to or
for the account of passenger or on baggage, regardless of whether
sustained incurred or paid by the Carrier in the first instance;the
word <<loss>> or <<damage>> shall include
death, injury and delay of the Passenger, loss, damage and delay
of the baggage and any loss or damage whatsoever sustained or
claimed by the Passenger, his or her surviving spouse, executors,
administrators, legal representatives, heirs, assigns, next of
kin, dependents and personal representatives; the word <<forwarding>>
or <<return>> or other substituted transportation
may include at Carrier's option transportation by rail, water,
land or air or by two or more of such means and whether operated
by the Carrier or by others or operated under another flag, and
the words <<government>> and <<authorities>>
shall include the United Nations and any similar international
organization, and also persons having or exercising power, control
or other functions of a governmental or military nature whether
in the name of a sovereign state or of a political subdivision
thereof, whether de jure or de facto.
(b) This passage contract provides for transportation on the Vessel
named above or on a substituted vessel, the name and the owner
or chartered owner of which shall be designated hereon when presented
by the Passenger at or prior the embarkation ROYAL OLYMPIA CRUISES
LTD. - MANAGERS AND OPERATORS assumes responsibility only for
such stage or stages of such transportation as shall be performed
by it as Carrier on a vessel owned or chartered by demise to or
operated by such Carrier. If the Vessel or any substituted Vessel
is not owned by or chartered by demise to ROYAL OLYMPIA CRUISES
LTD.'- MANAGERS AND OPERATORS, this passage contract shall take
effect as a contract with the owner or demise charterer thereof
if other than ROYAL OLYMPIA CRUISES LTD. - MANAGERS AND OPERATORS
as the case may be, as principal, made through the agency of ROYAL
OLYMPIA CRUISES LTD. - MANAGERS AND OPERATORS, which acts as agent
only and shall be under no personal liability whatsoever in respect
thereof.
(c) If it shall be adjudged that any person or corporation other
than the Owner or the demise charterer or the operator is liable
to the Passenger,then all limitations of and exoneration from
liability provided by law to vessel owners and or by the terms
hereof shall be available to such person or corporation.
2) This passage contract is not transferable. The Passenger shall
not be entitled to transportation except on production and surrender
of this passage contract or in case of its loss or theft, upon
furnishing indemnity satisfactory to the Carrier against use or
presentation of the lost or stolen passage contract. Passage money
shall be deemed earned at the time of embarkation and the Carrier
may retain it under all circumstances and in every possible happening
or contingency. If there be an interruption, frustration or abandonment
of the voyage at the port of embarkation or elsewhere, any forwarding
or return of the Passenger and/or baggage, whether or not arranged
or assisted by the Carrier, shall be at the sole risk and expense
of the Passenger and/or baggage and the Carrier shall be deemed
the agent of the Passenger for such purpose and the Carrier shall
be entitled to reasonable extra compensation for such service
above the passage money and any expense incurred by the Carrier
shall be deemed a lien against the baggage. If this passage contract
is not used for the vessel and on the voyage named on the face
hereof or is lost, stolen or mislaid. lt shall be void, and the
passage money shall be deemed earned and shall be retained by
the Carrier in such event, except at the sole option of the Carrier,
Carrier may make refund to the extent the accommodation may be
disposed of to another, less all charges and expenses incurred
by the Carrier. Any refunds or payments for which the Carrier
may be liable for unused transportation; deposit for <<on
board>> money, provisional or prepaid passage contracts
or otherwise, to whomsoever paid and whether before or after the
contract voyage, shall be made by the Carrier only in the currency
of the country in which this passage contract was purchased, provided,
however, that the Carrier, at its sole option, may make payment
of the refund in the currency of any other country at the rate
of exchange prevailing at the time payment is made. All charges
involving payment of money shall be due and payable day by day
immediately when they are incurred. The Passenger will pay all
such charges in full and without any offset, counterclaim or deduction.
All charges that may be due to the Carrier hereunder shall be
paid at the option of the Carrier in United States currency and
if with Carrier's permission, paid in the currency of a foreign
country, then at Carrier's option at the current or official rate
of exchange. The carrier shall have a lien on the baggage and
any other property of the Passenger for all charges whatsoever
that may be incurred by or due from the Passenger or incurred
by the Carrier with respect to the Passenger; and may enforce
this lien by public or private sale in any manner and without
notice. The proceeds of the sale shall be applied towards the
settlement of the Carrier's charges, and the Carrier shall not
be under any liability in consequence thereof, except to account
for the balance, if any, of such proceeds. In any case this passage
contract shall not be go after one (1) year from date of issue
hereof unless extended in writing by the Carrier and in accordance
with its regulations existing when application for extension is
made.
3)The Carrier at all times may refuse to transport or may land
or reject a Passenger at any port, at Passenger's own risk and
expense and cancel this passage contract, in the event of any
illness, infirmity, injury, mental derangement, disorderly or
vulgar conduct, or failure or refusal to observe or comply with
any regulations which shall or may be established on board the
Vessel for the general comfort or safety, or any conduct by or
condition of a passenger which in the opinion of the Carrier or
Master renders or may render the Passenger unfit to proceed or
remain on board, or is likely to endanger the health or safety
of or cause annoyance or discomfort to other Passengers or others
on board or if the Passenger may be, in the opinion of the Carrier
or Master, inadmissible under the laws of the country of debarkation
or because of the Passenger's tender years. If the Passenger be,
or is believed to be, suffering from such physical or mental condition
or is otherwise objectionable for any reasons mentioned, the Passenger
aqrees to submit to such restrictions on board the Vessel as in
opinion of the Carrier or Master or other officer in charge may
be necessary for the safety and comfort of the Passenger and/or
other Passenger or persons aboard the vessel. The Carrier, Master
or such other representative shall be the sole judge of such matters,
and Passenger agrees to accept such judgment as final, and neither
the carrier nor the Master nor such representative shall be liable
for mistake in judgment exercise in good faith. No person shall
be entitled to repayment of any portion of the passage money or
to any compensation or damages because of being so refused transportation
or landed or left, except that if transportation is refused before
any transportation is begun hereunder, the passage money will,
upon, surrender hereof, be refunded in the amount for which the
accommodation may be disposed of to another less all charges and
expenses incurred by the Carrier. The acceptance of Passengers
for passage shall not constitute a waiver by Carrier of any right
to object thereafter to any conditions or conduct of Passenger
which would have brought Passenger within any of the above clauses
at time of acceptance for passage. In any case, any expense paid
or incurred by the Carrier because of any of the aforesaid conditions,
or because of the death of the Passenger, shall be for the account
of the Passenger. If on board or elsewhere, at any point, any
Passenger delays or is detained because of injury, illness, disability
or quarantine, or because of any action of the authorities as
to such Passenger, or for any reason not the fault of the Carrier,
such Passenger and any Passenger remaining with such Passenger,
and, if such Passenger be-travelling with a husband, parent or
other guardian, then such husband, parent and or guardian, also
shall be jointly and separately liable to the Carrier for any
maintenance provided, and for all expenses of maintenance or other
expenses borne, incurred, assumed voluntarily or otherwise by
the Carrier for or on account of such Passenger or any Passenger
or arising out of such delay or detention; maintenance on board
or elsewhere to be charged at the rate of $ 50.00 per day or such
higher sum as the Carrier may fix, and children in the proportion
of full fare paid. Passengers carried beyond destination without
fault of the Carrier may be required to pay at the above mentioned
rates for any additional maintenance on board occasioned thereby
and for extra transportation.
4) Passenger assumes all responsibility for obtaining passports,
visas, re-entry permits, and other documents including health
and vaccination certificates which are or may be required by governmental
or other authorities, If the failure of Passenger to obtain any
such document or otherwise comply with laws or regulations, delays
or might delay or threaten the delay of the Vessel or t be deemed
a violation of any rule, order or direction of any governmental
or other authorities the Carrier shall have no further ation to
transport or furnish transportation to the Passenger and no refund
shall be made except at the discretion of the Carrier. of this
passage contract and/or embarkation of the Passenger shall not
be construed as a representation of guarantee by the Carrier that
the Passenger so embarked will be admitted to the country of destination
or to any other country at which the Vessel may call and the Carrier
assumes no responsibility to the Passenger in the event that he
is not admitted.
5) If the Passenger is permitted to stop-over at any regularly
scheduled intermediate port of call, it will be for such period
and on such terms as may be granted by the Carrier in advance,
but in no event for a period exceeding three months from the date
of stop-over. Passengers stopping over must bear their landing
and embarkation charges and all other expenses whatsoever in connection
with such stop-over, and pay all government tax, fine or charges
including those for which the Carrier may be liable or which may
be incurred because of such stop-over. If a stop-over has been
granted the Passenger must make arrangements for such further
passage as may be available with the agent of the carrier at the
place of stop-over and submit this passage contract to such agent
for endorsement at least twenty-four (24) hours before his intended
embarkation from the port of stop-over. The Carrier does not obligate
itself to provide subsequent transportation nor to reserve or
provide accommodations on any particular vessel or sailing to
a passenger who has stopped over; and subsequent passage, if any,
will be furnished to the passenger only if and when accommodations
are available, The Passenger will pay or receive, as the case
may be, the difference in rate, if any, between those in effect
during the period for which the passage contract was issued for
use and those in effect when the passage contract is actually
used, and like adjustment will be made if accommodation at, the
rate specified herein are not available and other accommodations
are furnished to and occupied by the Passenger.
6) Passenger will pay all taxes, port charges embarkation or landing
expenses, stamps, health fees, quarantine dues and charges, and
in case of detention by reason of quarantine or any regulation,
order or requirements, no matter for what reason. Passenger will
bear all risks and expenses thereby incurred, if quarantined or
detained on the Vessel or on shore at vessel's expense. Passenger
will pay daily to Carrier for maintenance at the rate of $ 50.00
per day or such higher sum as the Carrier may fix and children
in the proportion of full fare paid, for every day of detention.
Passenger agrees that Carrier shall have a lien upon all passenger's
ba gage and all property of Passenger on the Vessel for such charges
and for all other proper charges due to Carrier from Passenger,
including but not limited to bar, laundry, excess baggage, telegrams
and other items of such nature and, Carrier shall have the right
to hold and to retain such baggage and property until such charges
are paid, and if not paid within 60 days after demand, carrier
may enforce this lien by public or private sale of such ba gage
and property without notice.
7) (a) Every Passenger paying full fare is allowed fifteen (15)
cubic feet of baggage free of charge. Every passenger paying less
than full fare is allowed a proportionate amount of baggage free
of charge. Every Passenger will pay at the current rate for every
additional cubic foot of baggage above the amount allowed to such
Passenger as indicated above, but such payment shall not increase
the limit of value and 0 liability elsewhere provided in this
passage contract. All baggages must be distinctly marked and labeled
and must indicate whether or not it is required during the voyage
and it must be delivered by the Passenger to the Carrier's servants
upon the pier, not later than twenty-four (24) hours before scheduled
sailing time. The Carrier will not be liable for loss, damage
or delay resulting from failure of Passenger to mark clearly each
piece of baggage with his full name and address, together with
the name of the Vessel, expected sailing date, cabin number and
destination,
(b) Notwithstanding the provisions of this article and irrespective
of offer of payment therefore, the Carrier reserves the right
to limit the amount of baggage to be carried by each Passenger
in excess of fifteen (15) cubic feet.
(c) The Passenger will not be liable to pay, nor entitled to receive,
any general average contribution in respect of property taken
with him on the Vessel.
8) (a) Every Passenger is prohibited from carrying and must not
carry or have on board any article whatsoever of an in flammable,
explosive or damaging nature, and if, notwithstanding, a Passenger
does carry any such articles, such Passenger will be liable for
all damages to himsel f and any other person and to his, their,
and/or the Carrier's property, that may be sustained in consequence.
Such article, if deemed dangerous by the Master of the Vessel,
may be thrown overboard or destroyed at any time without liability.
The Passenger agrees to be liable and indemnity Carrier for all
loss, damage or delay resulting from the Passenger bringing on
board any article forbidden by, or which does nor conform to the
Customs, police or other regulations of any country or place where
the Vessel may be in the course of her voyage. Passengers must
not take firearms on board unless written permission has been
obtained from the Carrier, and if that permission has been obtained,
firearms must be deposited with the Master.
(b.) Pursuant to the provisions of Title 46 U.S. Code, Section
882, the Passenger is notified that the Vessel carries one or
more dangerous and hazardous articles as defined by law.
9) (a) In any situation whatsoever and wheresoever occurring and
whether existing or anticipated before the commencement of, or
during the voyage or the embarkation of the Passenger, which in
the judgment of the Carrier or the Master is likely to give rise
to risks of capture, seizure, arrest, detention, injury, damage,
delay, danger or disadvantage to any of the passengers or other
person on board or to the Vessel or cargo or loss of the Vessel,
or any part of her cargo or to make it unsafe, imprudent, unadvisable,
or lawful for any reason to commence or proceed on or continue
the voyage or to enter, embark or land Passengers or load or discharge
goods at any port or to give rise to delay or difficulty in arriving
embarking, loading, landing or discharging in such port, the Carrier
or Master, before, during or after the commencement of the voyager
or whether or not the vessel is proceeding toward entering of
attempting to enter the port of embarking loading, landing or
discharging or reaching or attempting to reach the usual or intended
place of embarking, loading or debarking or discharging therein
may, without giving prior notice, substitute another vessel, abandon
the voyage or proceed or return to or stop at any place and embark
or land the Passenger and load or discharge baggage or cargo or
nay part thereof, and when the Passenger is landed and/or the
baggage discharged, the Carrier shall be free from any further
responsibility in respect to the Passenger and/or his baggage.
The Carrier shall be entitled to reasonable extra compensation
for any such services m above the agreed passage money and if
in following the measures or action authorized herein, the length
or duration of the voyager is increased, the Passenger shall pay
proportionate additional fare. The carrier shall not be under
any responsibility to embark the Passenger under the above circumstances
and shall not be liable for failure to do so. Any action taken
by the Carrier pursuant to the provisions of this Article may
be with or without notice to or consent of the Passenger.
(b) The Carrier and master shall have liberty to comply with any
orders, directions, regulations, recommendations, authorizations,
requirements, requests or suggestions, including any such which
may be given or effected pursuant to or by reason of any agreement
or undertaking exacted from or considered advisable by the Carrier
or Master, as to priorities, allocations, receipt, handling loading,
embarkation, stowage, manning, equipment, supplying, repairs,
stoppages, delays, movements, anchorages, sailing operation management
navigation, courses, routes, voyages, arrivals, port of call,
discharge, destination, examination, Ianding, delivering, storing,
reshipment, transhipment, disposition or other act or omission
whatsoever, whether or not relating to the vessel, the passengers,
baggage or cargo, crew or other persons aboard howsoever, whensoever
and wheresoever given at port of embarkation or elsewhere by the
government of any nation or department thereof or by any action
with the authority of such government or department, or by any
committee person acting, purporting, appearing or seeming to have,
under the terms of the war risk insurance on the Vessel, the right
to do so or to approve the Voyager. The Carrier shall be entitled
to receive extra compensation for any such services above the
agreed passage money, and if in the following the measures or
actions authorized herein, the length or duration of the voyage
is increased, the Passenger shall pay proportionate additional
fare. The ship may carry contraband and may sail armed or unarmed
with or without convoy and with or without lights.
(c) The scope of the voyage contemplated is the carriage of passenger,
mail and cargo or any of them, in the Carrier's general trade
which for such or any other or incidental purposes may or may
not include all usual, scheduled, customary, ordinary or advertised
routes, ports and places, whether named in this passage contract
or not, and other routes, places or procedures referred to herein.
(d) As often as and for any reason whatsoever the Carrier or Master
may deem advisable, including but not limited to the loading or
discharge of cargo, mail, baggage personal property whatsoever,
or the embarking or landing of passengers, crew, workmen or other
persons whomsoever, or for the fuelling, supplying or repair of
the ship or care or safety of passengers, other persons, ship
or cargo: regardless of whether such reason or action relates
to the current or a prior, intermediate, subsequent or overlapping
voyage, or to matters occurring, known or anticipated before or
after embarking of passengers receipt of loading of baggage or
cargo, and whether or not the voyage may have commenced or the
passenger embarked, the ship, at any stage of the voyage and without
notice to the passenger:
(1) May proceed under any conditions of sea and weather, may discontinue
service between any ports, return to the loading port, depart
from or change the intended route and proceed in any direction
by any other routes whatsoever, proceed or return to or call at
or stay or delay at any ports or places whatsoever in any rotation,
sequence or order, backward or forward or otherwise, return to
port or omit calling at any ports or places regardless of whether
such routes ports or places or any of them may be within or in
a direction contrary to or outside of or beyond the advertised
scheduled, geographic, direct, customary, usual or ordinary route
or itinerary, and
(2) May also, at any time or place whatsoever proceed under sail
or in tow, ad just compasses, carry live-stock or dangerous goods,
drydock, go on ways or to repair yard, shift berths or places
in port, remain in port, lie on bottom or aground in berth, make
trial trips or test, take fuel or stores at any place, lie at
anchor or moorings, sail in or out of ports or elsewhere without
pilots whether or not pilots are customary and available, proceed
under tow, tow and assist vessels in any situation, or save or
attempt to save life or property whether the property be that
of the Carrier or others including the liberty to depart from
her course to any extent for any such purposes.
(e) Anything done in accordance with this Article shall be deemed
as authorized and within the intended contract voyage. The provisions
of this Article are not to be restricted by any words of this
passage contract, whether written, stamped, printed or incorporated
herein.
10) (a)The fare for transportation under this passage contracts
based partly upon the valuation of baggage provided herein. Unless
a higher value shall be declared as herein after provided, the
value of the baggage of Passenger paying full fare shall be agreed
and taken to be not more than $ 50.00. The agreed value of the
baggage of a Passenger less than full fare shall be proportionately
less, if the value of the Passenger's baggage exceeds the valuation
above agreed to and is so declared in writing by the Passenger
to the Carrier and written upon the passage contract before embarking
a nd a charge of 1% on such excess value is paid to the Carrier,
the value of such baggage shall be taken to be not more than the
value so declared, if the passage contract is purchased at the
pier immediately before sailing, any declaration of value by the
Passenger as above described must be made in writing to the Purser
within twelve (l2) hours after embarking.The increased valuation
will be effective only from the time when the payment is made
by the Passenger. Any articles purchased by the Passenger or brought
on board during the voyage, such as usually carried by Passengers
of like station pursuing like journeys shall be treated as baggage
and unless the value of such articles is declared by the Passenger
and additional charges paid thereon as required by the Carrier,
shall be included in the valuation provided in the second sentence
of this clause, or such higher value as may have been declared
by the Passenger as herein above provided. The valuation provided
in the second sentence of this clause, or such higher values as
may have been declared by the Passenger to the Carrier as herein
provided or the actual value, if it be less, shall constitute
the measure of damage with respect to any loss or damage to or
other claims in connection with the Passenger's baggage wheresoever
occurring for which the Carrier may be liable. Any liability of
the Carrier for partial loss or damage to the baggage of any Passenger
shall be computed by taking that percentage of the valuation provided
in the second sentence of this Article or of such higher values
as may have been declared and paid for by the Passenger, or of
the actual value, if it be less, obtained by dividing the value
of the lost or damaged baggage by the value of the Passenger's
entire baggage if it all had been delivered undamaged.
(b) The Carrier shall not be liable in any capacity whatsoever
for any loss or damage of money, jewellery, precious stones, securities
and other valuables, and the articles mentioned in Section 4281
of the Revised Statutes of the U.S., howsoever and wheresoever
occurring, which have not been delivered to and accepted by the
carrier for transportation underbill of landing or which have
not been deposited with the Master or vessel's officers assigned
to that duty for safekeeping and covered by a receipt issued by
the Master or such officers, Unless a higher total value and a
true description of the articles shall be declared in writing
to the Master or such officers by a Passenger at the time of deposit
of such articles, the value thereof shall be taken to be not more
than $100.00 and any liability of the Carrier shall not exceed
such sum or the actual value if it be less, any liability for
partial loss or damage shall be computed pro rata on such valuation
or on the actual total value if it be less. If the actual value
of such articles exceed $ 1OO.00 and is so declared by the Passenger
and a charge of one per cent of such excess value paid to the
Carrier, the total value of such articles shall be taken to be
value so declared and any liability of the Carrier whatsoever
shall not exceed such valuation. Any Inability for partial loss
or damage shall be computed pro rata on such basis or a less actual
value if it be less. In no event shall the Carrier be liable for
more than the damage actually sustained nor for any consequential
or special dama e and Carrier shall have the option of replacing
any lost articles or effects and/or replacing or repairing any
damaged article or effects.
(c) The Carrier does not undertake hereunder to carry as baggage
of Passenger, and is under no liability whatsoever for birds,
animals, reptiles, fish, samples, tools of trade, scientific instruments,
households goods and furnishings, property of others, perishable
goods, glassware, liquids, bric-`a-brac, or any other articles
whatsoever carried bythe Passenger in breach of the Contract Carriage
and generally for articles not necessary for the Passenger's use
on the voyage covered hereby.
(d) The fare for the transportation reserved herein is fixed with
reference to circumstances existing at or before the issuance
of this ticket. If the Carrier's rates for accommodations such
as those reserved herein are increased, the passe ngers shall
have the option of paying the additional fare or of cancelling
this reservation. In the event of such cancellation all money
theretofore paid by the passenger will be refunded. Notice of
any rate increase will be mailed to the passenger at least 20
days before the Sailing Date stated herein and if the passenger
wishes to cancel he must notify the Carrier within 10 days after
the mailing of such notice.
11) (a) The Carrier shall not be liable
in any capacity for any claim whatsoever, nor for any illness,
loss of life or bodily injury howsoever occurring, howsoever and
wheresoever occurring arising from act of God, perils or accident
of the sea or other waters and of navigation, causes beyond the
Carrier's control, compliance with any direction whatsoever by
any Government or by any person acting or purporting to act under
the authority thereof collision, stranding, jettison or wreck,
fire from any cause whensoever wheresoever occurring, on shore,
on board or in craft,barratry of the Master of Crew or other servant's
of the Carrier, enemies, pirates, robbers, theft, pilferage, arrest
or restraint, capture, seizure or detention, interference of any
sort, or any act of princes, rulers, government or people or any
power, legal, process, epidemics, pestilence, wars, rebellions,
hostilities, riots, strike lockouts, picketing, stoppage of labour
or labour troubles of the Carrier's employees or others, shortage
or lack of fuel, accumulation of cargo: explosion, bursting of
boilers, steam breakage, accidents or derangements of shafting
or machinery or appurtenances fault or error in the management
or navigation of the vessel, water, rain, spray, seawater, sweat,
warpage. smoke, frost, ice, earthquakes, floods, freshets, smell,
taint, leakage of containers, breakage of goods containers or
containers or contents, drainage from cargo, fumigation, disinfectant,
unseaworthiness latent or other defect in any part of the hull,
boilers machinery or appurtenances of the Vessel even though existing
at the time of shipment or embarkation, or at the beginning of
the voyage, delay and, without limitation of the foregoing, any
loss or damage or otherwise arising in any way whatsoever, without
prejudice to the foregoing the burden of proving negligence shall
be on the party asserting it and it is agreed that there shall
not be any presumption or inference of negligence because of the
occurrence of facts or circumstances out of which any claim arises.
Even though dangers or conditions, whether arising from war or
otherwise, may exist or be anticipated when this passage ticket
is issued or the voyage is begun, the carrier shall nevertheless
be entitled in respect thereof to all liberties or exemptions
from liability provided in this Article or elsewhere in this passage
contract.
The Carrier accepts nor responsibility for disease contracted
on board whether same be contagious or due to epidemic or otherwise.
(b) The Carrier shall be entitled to all limitations or exemption
from liability provided in or authorized by Section 4281 to 4286
inclusive, and Section 4289 of the Revised Statutes of the United
States and amendments thereto. The Carrier shall also be entitled
to all limitations of or exemptions from liabi ity including those
accorded to the owners or chartered owners of vessels or to Carriers
by any statute or rule of law for the time being in force in the
United States or any other country or place whose laws shall be
applicable. This passage contract shall not be deemed to be or
give rise to a personal contract of the Carrier. Nothing in this
passage contract,
expressed or implied, shall be deemed to waiver or operate to
deprive the Carrier or lessen the benefits of any such limitations
or exemptions.
(c) Every responsibility of the Carrier hereunder shall be limited
to that period only whilst the Passenger and his baggage and other
property are being transported over the Carrier's own Line to
a port or place in such port as the Vessel may safety get. All
other transportation or service (including railroad, automobile,
air or other shore transportation, transportation by tender or
vessel not belonging to or operated by the Carrier, shore excursions,
shore hotel or restaurant accommodations and services) shall be
at the risk of the passenger and the Carrier shall be under no
responsibility in connection therewith and any money received
by the Carrier or by any of its employees in respect of any such
transportation or services is received only as the Passenger's
agent to pay the same over to those furnishing such transportation
or service.The Carrier does not undertake to transport the Passenger
or his baggage between the anchorage and landing in cases where
landing is not made by the Vessel, and such transportation shall
be paid for by the Passenger.
(d) If the Vessel carries surgeon, physician, barber, hairdresser,
manicurist, or other personal service personnel, that is done
solely for the convenience of Passengers and any such person in
dealing with a Passenger shall not be considered in any respect
as the servant or agent of the Carrier and the Carrier shall not
be liable for any act or omission of such person or of those under
his or her orders, or assisting him or her with respect to treatment,
advice care or service of any kind given to any Passenger. The
surgeon, physician, barber, hairdresser or manicurist, or other
personal service personnel, shall be entitled to make a proper
charge subject to the approval of the Master for any service performed
with respect to a Passenger and the Carrier shall not be concerned
otherwise in any way whatsoever in any such arrangement. The Carrier
shall not be under any obligation to provide the Passenger with
facilities for medical treatment or care in any case until the
Master has received notice from the Passenger, which shall be
in writing, if possible, that medical treatment or care is required
and the Carrier shall have had an opportunity to provide such
facilities.
(e) Any Passenger visiting or using any athletic or recreational
apparatus, equipment or space, does so at his own risk of injury,
damage or loss to person or property.
(f) Notwithstanding anything to the contrary contained herein
in the event of any claim for loss of life or bodily injury or
any claim arising thereby or of any of their claim whatsoever
except as to those matters covered in Article 11 hereof, arising
from any cause whatsoever for which the company may be liable,
the damages recoverable by the Passenger or his or her surviving
spouse or anyone claiming any right or recovery either directly
or indirectly or by or on behalf of another, shall not exceed
$ 5000.00 provided however, that in no event shall the recovery
exceed the actual amount of damages sustained. Dollars in this
contract refer to currency of the United States of America. By
accepting or receiving this passenger ticket each Passenger agrees
without prejudice to its other provisions and both on his or her
behalf and on behalf of any person or child travelling with him
or in his or her care that all rights, exemption from liability,
defences and immunities of whatsoever nature referred to in this
ticket applicable to the Company (which term shall for the purpose
of this clause include the Shipowners, the Line, Charterers, Managers,
operators and the Ship, as the case maybe) shall in all respects
enure also for the benefit of any servants or agents of the Company
acting in the course of or in connection with their employment
so that in no circumstances shall any servant or agent as the
result of so acting in the course of or in connection with their
employment so that in no circumstances shall any servant or agent
as the result of so acting be under an liability to any such Passenger
or to any such person or child greater than or different from
that of the Company. For the purpose of the agreement contained
in this clause, the Company is or shall be deemed to be acting
on behalf and for the benefit of all persons who are or may be
its servants or agents from time to time and all such persons
shall to this extent be or be deemed to be parties to the contract
contained or evidenced in his ticket.
(12) Notwithstanding anything to the contrary
contained herein, any action against the Carrier must be brought
only before the counts to Athens Greece to the jurisdiction of
which the Passenger submits himself formally excluding the jurisdiction
of all and other court or courts of any other country or countries
which court or courts otherwise would have been competent to deal
with such action. The Carrier shall not be liable for any claim
whatsoever of the passenger or his or her surviving spouse, executors,
administrator, legal representatives, heirs assigns, next of kin,
dependents or personal representatives and howsoever and wheresoever
occurring unless written notice there-of with full particulars
shall be lodged with the carrier or its agents as follows:
(a)within six (6) months from the day when death or injury occurred
in respect of any claims for loss of life or bodily injury in
any case where Section 4282 A of the Revised Statutes of the United
States shall apply;
(b) Within two (2) months after the death of the Passenger when
occurring before landing or when occurring within fifteen (15)
days after landing or the abandonment or breaking up the voyage
in respect of any claim for loss of life, except where said Section
4282 A shall apply
(c) Within (15) days after the Passenger shall be landed or the
voyage is abandoned or broken up, in respect of any claim whatsoever
unless such claim is included within sub-paragraphs (a) and (b)
of this Article. Suit to recover on any claim shall not be maintainable
unless commenced and process served as follows:
(1)Within one (1) year from date when the death or injury occurred
in respect of any claim for loss of life or bodily injury in any
case where said Section 4282 A shall apply.
(2)Within six (6) months after the Passenger shall be landed from
the Vessel or the Voyage shall be abandoned or broken up
after the death of the Passenger when occurring before landing
whichever may be the case in respect of any claim whatsoever unless
such claim is included within category (1) just mentioned.
Action or negotiations by the Carrier or its agents or attorneys
shall not be deemed a waiver of the provisions of this Article,
whether such actions or negotiations are before or after the time
limitations herein set forth, nor shall any express waiver of
such time limitations be effective unless made in writing by a
duly authorized officer or director of the Carrier.
13) The Carrier may, with or without notice, and before, at, or
after the commencement of the voyage, abandon or cancel the voyage,
delay or advance the scheduled time of sailing or arrival, withdraw
the Vessel from service, discontinue service between any ports,
omit or change any port or ports of call, deviate from the scheduled
voyage, change accommodations or substitute another vessel or
require the Passenger to leave the Vessel temporarily. In any
such event, and whether before or after embarking, the Carrier
shall not be liable to the Passenger for any expenses incurred
by the Passenger thereby for hotel or board bills, travelling
expenses or any other expense or for loss or damage or otherwise
occasioned thereby, Directly or indirectly, Carrier may at its
option, arrange for substantially equivalent transportation by
another Carrier and/or by other means of transportation at the
sole risk of the Passenger and such carriage shall be under and
subject to the passage contract of such substituted Carrier.
In the event accommodations are changed as provided in this Article,
Passengers will pay or receive, as the case may be, the difference
in rate, if any, between the accommodations originally reserved
or assigned and the substitute accommodations furnished to the
Passenger.
14) The terms of this passage contract shall be separable and
the illegality or invalidity of any article, paraqraph, clause,
or provision of this passage contract in whole or in part shall
not affect or invalidate any other article, paragraph, clause
or provision thereof.
15) IN THE CASE OF SHORE EXCURSIONS ORGANIZED IN CONNECTION WITH
PORTS OF CALL IN THIS CRUISE, THE CARRIERS EVEN IF TICKETS FOR
SUCH EXCURSIONS ARE SOLD ON BOARD OR ASHORE IN THE CARRIER'S PREMISES)
ACTS ONLY A S AGENTS FOR THOSE PERSONS PROVIDING SERVICES IN CONNECTION
WITH THESE SHORE EXCURSIONS INCLUDING TRANSPORTATION AND ALL OTHER
SERVICE OR SERVICES, AND AS SUCH IS NOT LIABLE TO THE PASSENGER
FOR ANY PERSONAL INJURY OR DAMAGE TO PROPERTY HOWSOEVER CAUSED.
ANY PASSENGER PARTICIPATING TO SUCH EXCURSIONS DOES SO AT HIS
OWN RISK OF INJURY, DAMAGE OR LOSS TO PERSON OR PROPERTY.
16) THE PASSENGER AND, IF ANOTHER, THE PURCHASER HEREOF COVENANT
AND WARRANT THAT HE OR THEY ARE DULY AUTHORIZED ON BEHALF OF ALL
OF THE PASSENGERS NAMED HEREIN TO AGREE TO AND ARE BOUND BY ALL
OF THE STIPULATIONS, TERMS, CONDITIONS, EXEMPTIONS AND EXCEPTIONS
HEREIN CONTAINED IN EVERY CONTINGENCY WHATSOEVER AND WHERESOEVER
OCCURRING AND EVEN IN THE EVENT OF OR DURING DEVIATION OR UNSEAWORTHINESS
OF THE VESSEL AT THE INCEPTION OF THE VOYAGE OR SUBSEQUENTLY.
The passenger admits having read this passage contract and ag
rees that its provisions constitute the complete agreement between
the Carrier and said Passenger. The Passenger and, if another,
the purchaser further warrants that he knows the name of the owner
and/or demise charterer of the Vessel and waives any disclosure
of the name of the owner or of the demise charterer.
17) PARAMOUNT CLAUSE - NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, BUT WITHOUT PREJUDICE TO ALL THE PROVISIONS
THAT ARE COMPATIBLE WITH, THE LIABILITY OF THE CARRIER SHALL BE
RULED BY THE PROVISIONS OF THE <<ATHENS CONVENTION>>RELATING
TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA 1974 AND
THE PROTOCOL TO THIS SAME CONVENTION DATED 19 NOVEMBER 1976, AND
SHALL NEVER EXCEED THE LIMITS SPECIFIED THEREIN.
* * * IN ADDITION TO GENERAL CONDITIONS AND CARRIER NOTICES ANY
PORT WILL BE SUBJECT TO WEATHER CONDITIONS WITHOUT ANY RIGHT OF
REFUND IN CASE ANY CALL OR CALLS ARE OMITTED.
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