Crystal Expedition Cruises: General Ticket Terms & Conditions (U.S.)
2021-2024 TICKET TERMS & CONDITIONS
IMPORTANT NOTICE TO GUESTS: THE FOLLOWING TERMS AND CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN CRYSTAL EXPEDITION CRUISES AND GUEST. PLEASE READ THEM CAREFULLY, AS WE ARE BOTH BOUND BY THEM. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITH
OR WITHOUT NOTICE. THIS IS A CONTRACT WHICH AFFECTS YOUR LEGAL RIGHTS, PARTICULARLY SECTION 13 GOVERNING THE PROVISION OF MEDICAL SERVICES AND SECTIONS 7, 11, 12, 17, 18, 20, AND 21 LIMITING CRYSTAL'S LIABILITY FOR YOUR DEATH, ILLNESS, INJURY, OR
DAMAGE CLAIMS RELATING TO BAGGAGE OR PERSONAL PROPERTY, LIMITING YOUR RIGHT TO SUE, AND REQUIRING ARBITRATION FOR CERTAIN CLAIMS AND WAIVER OF JURY TRIAL.
The term “Ticket” refers to the terms and conditions of this Ticket contract as set forth herein. The term “Guest” refers to a passenger on the Yacht and includes every person named on the face of the Ticket; the
term “Yacht” includes the Yacht named in the Ticket or any Yacht substituted for the Yacht named in the Ticket, and its tenders or any other means of conveyance controlled by Crystal Expedition Cruises; the term “Crystal Expedition
Cruises” is equivalent to “Crystal,” and includes the Yacht, its owner, operator, manager, charterer and agents, any and all affiliated or related companies and the sales representatives and all employees, officers, crew, pilots,
and agents of such individuals and companies.
2. Cruise Fare:
A) Cruise fare includes all normal shipboard services and facilities plus all non-alcoholic beverages, select wines and liquors, and gratuities for housekeeping, dining and bar staff as well as select shore excursions. The cruise fare does not include
cruise port, security, navigation, berthing, stevedoring, and baggage handling/storage charges, fuel surcharges, fees or charges imposed by governmental or quasi-governmental authorities, sightseeing or meals ashore, taxes, gratuities, visa fees,
laundry or valet service, or any item or service whatsoever of a personal nature, such as medical treatment, expenses incurred on board or ashore in connection with medical treatment, medical condition, or medical debark, massage, spa services or
hairstyling for which separate charges may be imposed. Transfers between the airport and Yacht on the day of embarkation and disembarkation are included for full-fare Guests. Crystal Expedition Cruises cruise fare does not include miscellaneous charges
levied by the air carriers for services, including but not limited to luggage, meals, special seat assignments or any other airline-provided service, which are the Guest’s responsibility. Details regarding such fees are available on the individual
B) All offers may not be combinable with other promotions, apply to first two (2) Guests in stateroom or suite, are capacity-controlled, subject to availability and may be changed or withdrawn at any time. Crystal Expedition Cruises reserves the right
to collect the rate in effect at the time of sailing, including, but not limited to, the fact that if the Guest is on a waitlist and is subsequently confirmed, such confirmation will be subject to cruise fares and Optional Air/Sea Program costs in
effect on the date that the cruise is confirmed. Fuel surcharges may be added at any time to defray fuel cost increases, even if the cruise fare has been paid in full.
3. Non-Transferability/Binding Effect:
The Ticket is valid only for the Guest or Guests named on the ticket for the date and Yacht indicated. It may not be sold or transferred. The Terms and Conditions of the Ticket are binding on, and confer benefits to, the Guest, the Guest’s spouse,
heirs, executors, administrators, personal representatives, dependents and next of kin. The Guest represents and warrants that he or she is duly authorized by and on behalf of all Guests (including children) named on the Ticket to agree to all of
the terms and conditions of the Ticket and to bind all such Guests to such terms and conditions.
The Guest is required to be on board the Yacht at least two (2) hours before departure time. At the time of embarkation, the Guest is responsible for having received all medical inoculations necessary for the voyage and having in his
or her possession the Ticket, valid passport, visas and other documents necessary for the cruise scheduled ports of call and disembarkation. If the Guest does not have proper documentation, he or she will not be allowed to board the Yacht.
The Guest is advised to consult his or her Travel Agent (“Agent[s]”)or the appropriate governmental authority concerning required documentation for travel. The Guest shall indemnify Crystal for all penalties, fines, charges, losses and expenses
imposed upon or incurred by Crystal due to the Guest's failure to have proper documentation or otherwise comply with applicable laws or regulations of any kind. Any stamps on tickets, customs, excise or other taxes or fines on the Guest or Crystal
resulting from the Guest's conduct, embarkation expenses, and all expenses of such a nature are to be paid by the Guest. If the Guest is denied boarding for failing to comply with the requirements of this section, Crystal shall not be liable to refund
the Guest's fare or for any other damages or expenses whatsoever.
5. Cancellations or Category Downgrades Prior to Commencement of any Crystal Air Sea or Land Program or date of Embarkation: for Cruise Only Guests:
Cancellation or category downgrade requests must be made by Guest or by Guest’s Agent via telephone or in writing to Crystal Expedition Cruises. The charts below set forth the time by which the request must be received by Crystal Expedition Cruises prior to the Optional Crystal Air/Sea Program or, for non-Air/Sea Guests, the Cruise, departure date (“Departure Date”), and the cancellation fee which will be charged. In the event of a cancellation, a full refund of total fare (including cruise, air, hotel and Extended Land Programs); and in the event of category downgrade, full refund of the cruise-only difference between the original category and the downgraded category, will be made to the Guest through the Agent, except as noted herein below. Guest hereby agrees that losses sustained by Crystal in the event of Guest’s cancellation would be very difficult or impossible to quantify, and that the fees set forth in the below cancellation or category downgrade charts represent a fair and reasonable assessment as liquidated damages. Since a cancellation or category downgrade likely means a diminished opportunity to sell the same space on other cruises, the cancellation fees in the charts below apply regardless of a name change or stateroom resale.
See information below for appropriate voyage and year policy.
Cancellation fees/penalties apply if booking is cancelled within penalty periods outlined below. The date of booking cancellation determines the applicable penalty amount. The penalty is applied as a percentage based on total fare and does not apply to
taxes, fees and port charges.
CANCELLATION & PENALTY FEES
From a reduced deposit for all new bookings to waived admin fees and relaxed schedules for Early Full Payment Savings and cancellations, Crystal has temporarily streamlined its sales and booking processes to provide continuity across all brand experiences – Ocean, River, Yacht and Expedition. For existing bookings, the waived admin fee and relaxed Early Full Payment Savings date will be retroactively applied to your booking.
Deposits, Payments, Cancellation and Penalties will apply as follows:
Deposits & Payments
Early Full Payment Discount** (2.5%): Due 90-days prior to first date of service
Relaxed Final Payment: Due 60 days prior to first date of service
Cancellations & Penalty Schedules
Admin Fees: Waived
Cancellations at 60-31 days prior to first date of service: 25% penalty
Cancellations at 30-8 days prior to first date of service: 50% Penalty
Cancellations at 7 days or less prior to first date of service: 100% Penalty
2022 - 2024 Voyages
Deposits & Payments
Early Full Payment Discount (2.5%): Due 150 days prior to first date of service
Relaxed Final Payment: Due 120 days prior to first date of service
Cancellations & Penalty Schedules
Admin Fees: Waived
Cancellations at 120-91 days prior to first date of service: 25% penalty
Cancellations at 90-61 days (prior to first date of service: 50% Penalty
Cancellations at 60-31 days prior to first date of service: 50% Penalty
Cancellations at 30 days or less prior to first date of service: 100% Penalty
All appropriate refunds will be made to the Guest through the travel advisor, except for those payments made by credit card, in which case the amount of the refund will be credited directly to the cardholder’s account. Any inquiries about a refund must be made by the Guest to the travel advisor. Some travel advisors may, at their discretion, withhold an agency cancellation fee. Crystal Expedition Cruises will not be responsible for the receipt by the Guest of refund monies, except for those refunds made to credit cardholder’s account. A travel advisor used by the Guest acts solely for the Guest and is deemed the agent of the Guest. Crystal Expedition Cruises is not responsible for the financial condition or any actions of any such travel advisor. If the travel advisor fails to remit to Crystal Expedition Cruises any money paid by the Guest to the travel advisor, the Guest remains liable for the fare due to Crystal River Cruises, regardless of when Crystal Expedition Cruises demands the payment. Any refund made by Crystal Expedition Cruises to a travel advisor on behalf of the Guest is considered, for purposes of this Ticket contract, as being the same as payment to the Guest, whether or not the travel advisor delivers the refund money to the Guest. Receipt of any documentation or information by the Guest’s travel advisor, including, but not limited to, this Ticket contract, is deemed to constitute receipt by the Guest.
These cancellation and penalty fees may be different for Guests who are sailing under certain Group Contracts or all Charter Contracts. Guests are advised to contact their Group Contract or Charter Contract agent for more details.
6. Baggage, Valuables and Other Possessions:
Each Guest may bring aboard the Yacht a reasonable amount of clothing and personal effects without charge, subject to airline restrictions. All baggage must be securely packed and distinctly labeled with the Guest’s full name, the name of the Yacht,
the stateroom number of the Guest and the Departure Date of the Yacht. All checked baggage must be locked.
A) Guest must personally carry baggage containing breakable items and valuables, including, but not limited to, jewelry, watches, money, precious stones and metals, securities, checks, other financial instruments and/or tickets, at all times during transit,
including, but not limited to, on and off the Yacht. Guest should not give such baggage containing breakable items or valuables to anyone at any time, including, but not limited to, porters, Yacht personnel or anyone else who is not known personally
to the Guest, regardless of any assurances given to Guest that it is safe to do so, at any time, including, but not limited to, during transit to and from the airport, arrival at the Yacht, boarding and checking into Guest’s stateroom, or at
any other time while traveling. Such baggage is the full and sole personal responsibility of the Guest at all times. Such baggage may not be included with checked baggage. Guests are personally responsible for their baggage throughout the travel process
and should personally ensure that their valuables are carried to their staterooms and stored appropriately in the stateroom safe or in the Yacht safe available at the front desk. Crystal Expedition Cruises is not responsible for loss of or damage
to any such items.
B) Weapons, ammunition, explosives, substances that are hazardous, disabling, or illegal, or any other article that in the opinion of the master shall be deemed dangerous, are strictly prohibited aboard the Yacht. Such additional dangerous articles include,
but are not limited to, firearms, stun guns, swords, ice picks or knives. A more comprehensive list of prohibited items is available through Crystal Expedition Cruises’ Onboard Guest Services. Any such items shall be surrendered to the Captain
at embarkation and may be disposed of at the sole discretion of the Captain.
7. Liability Limitations for Loss of or Damage to Property: The total value of the luggage, valuables and other personal belongings of a Guest aboard the Yacht who does not purchase Crystal Expedition Cruises’ Cruise Protection
Program, as set forth in Section 8, shall be deemed not to exceed the amount of U.S. $250 per Guest, and Crystal Expedition Cruises’ liability, if any, for loss of or damage to such belongings is limited to a maximum of U.S. $250 per Guest,
unless the Guest shall deliver to Crystal Expedition Cruises, in writing and prior to embarkation, a declaration of the true value of the property and pay to Crystal Expedition Cruises prior to embarkation a sum equal to five percent (5%) of the excess
of the agreed values set forth herein. In that event, the liability of Crystal Expedition Cruises, if any, shall be limited to the actual damage sustained up to, but not exceeding such specified value. If a Guest travels by air or other transportation,
the terms and conditions of the airline or other transportation provider apply to the Guest’s carriage on those conveyances, and Crystal Expedition Cruises shall not have any liability for loss or damage to luggage, valuables and other personal
belongings arising out of, or related to, such air or other travel.
A) Crystal Expedition Cruises provides an in-room personal safe for your convenience; however, Crystal Expedition Cruises shall not be liable, in any event, for any loss of or damage to money, jewelry, watches, precious stones and metals, securities,
financial instruments, tickets, works of art, electronics, computers, digital or flash drive computer equipment, cellular telephones, cameras, video or audio tapes, CDs, binoculars, dental hardware, eyewear, hearing aids, medications, medical equipment,
and/or other valuables stored in the in-room safe.
B) All settlements will be made on the basis of actual cash value (replacement cost, less depreciation) to the extent of the U.S. $250 limit of liability of Crystal Expedition Cruises. Claims for damaged items will be settled on the basis of cost of repair.
No amount shall be paid in settlement of any claim without proof of the actual cash value, or repair cost, as applicable, arising from the loss or damage. Such proof must be sent to Crystal Expedition Cruises. Crystal Expedition Cruises’ liability
must also be proven before any settlement will be paid.
C) Personal belongings lost while unattended in public lounges or other public areas, whether on board the Yacht or elsewhere, are not reimbursable. Losses or damage due to ordinary wear and tear, perils of the sea, acts of God, or any other cause beyond
Crystal’s control are not reimbursable.
8. Cruise Protection Program:
Crystal Expedition Cruises’ Cruise Protection Program is an optional travel insurance program available for purchase by Guest. The Cruise Protection Program is available for purchase from the time of booking up until final payment and becomes effective
when Crystal Expedition Cruises receives payment of the required plan cost, in addition to any required cruise deposits or payments due.
A) Cancellation: Cancellation fees will be assessed according to Section 5, “Cancellations Prior to Embarkation.” Refunds, if any, will be made to Guests who have purchased the optional Cruise Protection Program and only in accordance with
the terms and conditions of the Cruise Protection Program.
B) Baggage Protection: Coverage for loss of or damage to baggage and other personal property of Guests who purchase the optional Cruise Protection Program is described in the Cruise Protection Program. Other than as stated in Section 7 of these Terms and Conditions, Crystal Expedition Cruises shall have no liability of any kind for any reason for loss of or damage to baggage or personal effects.
9. Itinerary/Right To Change/Detention:
Crystal Expedition Cruises reserves the right at its sole option and discretion and that of the Captain of the Yacht without liability for damages or refund of any kind, to deviate from the Yacht’s advertised or ordinary itinerary or route, to delay,
advance or cancel any sailing, to omit or change ports of call, to arrange for substantially equivalent transportation by another vessel and/or by other means of transportation, to cause the Guest to disembark from the Yacht temporarily or permanently,
to tow or to be towed or assist other vessels or to perform any similar act which, in its sole judgment and discretion, is justified for any reason. Crystal Expedition Cruises may for any reason whatsoever cancel any sailing at any time before departure
of the Yacht. In such event, Crystal Expedition Cruises’ only liability will be to refund to the Guest the amount it has received for the Ticket. If a voyage is cancelled due to mechanical failure of the Yacht, the Guest will be entitled to
a full refund of the cruise fare, or a partial refund for voyages that are terminated early due to those failures. If a voyage is terminated early due to mechanical failure of the Yacht, the Guest is also entitled to transportation to the Yacht’s
scheduled port of disembarkation or the Guest’s home city, at the discretion and expense of Crystal Expedition Cruises, as well as lodging at the unscheduled port of disembarkation, if required, at the expense of Crystal Expedition Cruises.
10. Health/Pregnancy/Children/Disability/Wheelchair/Service Animals/Alcohol/ Smoking/ Security/Indemnification/Solicitation:
The Guest represents and warrants that the Guest is physically, mentally and otherwise fit to travel; that Guest has received all medical inoculations necessary and that he or she will at all times comply with the Yacht’s rules and regulations and
orders and directions of the Yacht’s officers and medical staff; that his or her conduct will not impair the safety of the Yacht or inconvenience other Guests. Crystal Expedition Cruises is unable to accommodate women who will enter their twenty-fourth
(24th) week of pregnancy before or during the cruise. FOR MORE INOCULATION INFORMATION VISIT: https://www.vaccines.gov/who_and_when/travel
Pregnant women more than two (2) months’ pregnant may not sail on Arctic or Antarctic Cruises.
COVID-19 AND OTHER COMMUNICABLE DISEASES: You agree, understand, and acknowledge, that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the
virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present, including a cruise ship. “Communicable disease” means any disease
or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease or illness caused by microorganisms such
as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure
to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions might
be at higher risk for severe illness and death from COVID-19. You acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that you will expose others that you later encounter, even if you
are not experiencing or displaying any symptoms of illness.
You acknowledge and agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of yourself or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any Crystal Cruises or any of its employees. You acknowledge that your embarkation and participation in a cruise is entirely voluntary. By embarking and participating in a cruise you attest you are knowledgeable about your individual risk of developing severe illness if you are infected with COVID-19; you have made an informed decision about cruising based on your individual risk; and you have decided whether to consult with a health care provider based on your individual risk.
You further acknowledge and agree to abide by and consent to all COVID-19 rules, regulations, mandates and safety protocols issued by Crystal Cruises and/or the CDC including but not limited to: (a) Submission to mandatory COVID-19 testing at such times and frequency as required by the CDC or Crystal Cruises, which may include testing before and after your cruise; (b) submission to enhanced health screening for signs and symptoms of COVID-19 or known exposure to COVID-19; (c) denial of boarding due to signs and symptoms of a possible COVID-19 infection or known exposure to COVID-19 as determined by Crystal Cruises at its sole discretion, in accordance with CDC technical instructions or orders; (d) participation in contact tracing and data collection for COVID-19 surveillance; (e) mandatory shipboard isolation and/or quarantine at the sole discretion of the shipboard physician; (f) mandatory disembarkation and evacuation due to a suspected COVID-19 infection by you or someone else onboard your cruise. (Evacuation and disembarkation may occur in a foreign port or a port outside your original cruise itinerary); (g) post-cruise quarantine instructions; (h) mandatory daily temperature checks; (i) mandatory use of face coverings/face masks in accordance with CDC guidelines and (j) following Crystal Cruises social distancing requirements.
You further acknowledge and agree to review any CDC travel advisory, warning, or recommendation relating to cruise travel prior to making your cruise reservation (available at https://wwwnc.cdc.gov/travel/notices/warning/coronavirus-cruise-ship). If a threshold of COVID-19 is detected on board the cruise ship during a voyage, the voyage will be ended immediately and the ship returned to the port of embarkation, a foreign port or a port outside your original cruise itinerary, and your subsequent travel, including their return home, may be restricted or delayed.
Guests must be fully inoculated with a COVID-19 vaccine (with both doses if recommended by the manufacturer) at least (fourteen) 14 days prior to boarding any Crystal ship and will be asked to provide proof of vaccination before embarkation.
B) Unwed, unrelated couples must be eighteen (18) years of age or over to be booked in the same stateroom. Crystal Expedition Cruises is unable to accommodate children under six (6) months of age and reserves the right to restrict the number of those
under three (3) years of age aboard the Yacht. Any child under the age of eighteen (18) years of age must be accompanied by an adult over the age of twenty-one (21) years of age. In addition, if the adult accompanying this child is not a parent, a
“Parental Consent Guardianship Form” must be signed and notarized by a parent or legal guardian and received by Crystal Expedition Cruises at least thirty (30) days prior to sailing. Guests age seventeen (17) years of age and under must
be in a stateroom either with a parent or a guardian over twenty-one (21) of years of age. Guests must be eighteen (18) years of age to gamble on the Yacht. If the adult guest is the spouse of the minor, a valid marriage certificate must be presented.
Children under six (6) years of age are not allowed on the Zodiacs.
Children under six (6) years of age are not allowed on Arctic and Antarctic cruises.
No one under the age of eighteen (18) shall be served alcohol onboard the Vessel. When docked or anchored in US Ports or within the three (3) mile limit, alcoholic beverages will not be served to guests under the age of twenty-one (21).
Children occupying a double suite will be charged the adult rate regardless of age.
C) Crystal Expedition Cruises is dedicated to providing a comfortable cruise experience for all its guests. Crystal Expedition Cruises does not discriminate against any person on the basis of disability and shall make every effort to accommodate the needs
of persons with disabilities. Guests acknowledge and understand that certain international, foreign or local safety requirements, standards, and/or applicable regulations involving design, construction or operation of the vessel, docks, gangways,
anchorages or other facilities on or off the vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs.
Guests with disabilities should take note that not all ports are accessible. Gangways and port access vary greatly around the world and, in ports where the Yacht must anchor, guests are taken ashore tenders and/or ferries which may not be wheelchair accessible,
as well as zodiacs, which are not wheelchair accessible.
Disabled guests in wheelchairs or those with a special condition which demands special attention while traveling are required to travel with a companion to assist the Guest as staff, crew and fellow Guests are not able to provide care for Guest with medical
In the unlikely event of an emergency, all Guests must be fully mobile and able to exit the yacht safely. If Guest is unable to meet the minimum safety requirements, even when provided with appropriate auxiliary aids and/or services, Crystal Expedition Cruises may find it necessary to ask the Guest to make alternative travel arrangements.
Guests requiring a wheelchair or scooter must bring their own. Motorized scooters must not exceed 22” in width. Crystal Cruises reserves the right to limit the number of scooters on board. Portable oxygen tanks and oxygen concentrators may be used on board, provided that Crystal Cruises’ Onboard Guest Services is notified at least thirty (30) days prior to sailing. Crystal Cruises has a limited number of accessible staterooms available on a “first-come, first-served” basis. Crystal Cruises is obligated by law to investigate and pursue those individuals fraudulently requesting and using accessible staterooms. Crystal Cruises understands a service animal to be any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Animals that are not trained to do work or perform tasks are not considered to be service animals. Emotional support animals, which provide emotional support, well-being, comfort, or companionship to an individual with disabilities but are not trained to do work or perform tasks, are not considered to be service animals. Pets and other animals which are not service animals are not allowed on board the Ship.
D) The Guest agrees to accept full responsibility for any service animal and to defend, indemnify and hold harmless Crystal against any injury, loss, damage or expense whatsoever related to the presence of service animal aboard the Yacht. Service Animals are not allowed on Antarctic Cruises due to regulations and may be restricted in other ports, in which case the guest must stay on board with their service animal.
E) The Guest hereby consents to a reasonable search being made of the Guest’s person, baggage or other property, and to the removal and confiscation or destruction of any object which may, in the opinion of Crystal Expedition Cruises impair the
safety of the Yacht crew or other Guests, or be illegal or inconvenience other Guests.
F) Guest understands and agrees that Guests must be at least 18 years of age to be served wine and beer, and at least 21 years of age to be served spirits in international waters. Guest agrees not to attempt to provide or consume alcoholic beverages in
violation of this policy, either for themselves or others. Guest agrees to consume alcoholic beverages only in moderation and Crystal Expedition Cruises reserves the right to refuse alcoholic beverages to any intoxicated or underage Guest.
Crystal Expedition Cruises reserves the right to prohibit and retain all liquor brought aboard the Yacht. Guest agrees to abide by this provision.
G) Crystal Expedition Cruises is largely a non-smoking product. Smoking is not permitted anywhere indoors on Crystal Endeavor. A small area on an outside deck has been designated as a smoking area. All Guests must observe the non-smoking policy. Anyone
that does not follow this requirement will incur fines in accordance with this policy. If there is ongoing violation of the non-smoking policy, more stringent consequences, including disembarkation without refund, may be ordered by the Captain.
H) The Guest shall be liable to and shall reimburse Crystal for all damages or loss of or to the Yacht and its furnishings and any equipment or property of Crystal or any other Guest caused directly or indirectly, in whole or in part, by any act or omission
of the Guest or those for whom the Guest is responsible, whether willful or negligent, including but not limited to, theft or any other criminal act. The Guest shall further indemnify Crystal and each and all of their Agent(s) or servant(s) 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 Guest or those for whom the Guest is responsible.
I) The Guest agrees that he or she shall not solicit for commercial purposes Guests or others on board the Yacht or advertise goods or services on board the Yacht without the prior written permission of Crystal Expedition Cruises. Solicitation by vendors
of goods and services, including, but not limited to, solicitation by Agents, is strictly forbidden.
11. RIGHT TO REFUSE BOOKING AND PASSAGE, CANCEL RESERVATION; CONFINE GUEST TO STATEROOM OR DISEMBARK GUEST.
A) Crystal Expedition Cruises reserves the right to refuse booking of passage on a Cruise to any person or to cancel Guest’s existing Cruise reservation for any or no reason and regardless of a Guest’s Crystal Society level or existing benefits.
Any person(s) refused booking or passage in advance of the scheduled sailing by Crystal Expedition Cruises will be given a refund of their Cruise Fare unless such refusal is due to the action or inaction of Guest. Crystal Society milestones have no
cash value and therefore will not be refunded.
B) Crystal Expedition Cruises, without any liability, including liability for refund, payment, compensation or credit, except as provided herein, may disembark or refuse to embark Guest because of the action or inaction of Guest, confine Guest in a stateroom,
quarantine Guest, restrain Guest, change Guest’s accommodations or disembark Guest at any time if, in the sole opinion of Crystal Expedition Cruises, the Captain or any Yacht doctor, Guest or any minor or other person in Guest’s
care during the Cruise are unfit for any reason for the Cruise, or Guest’s presence might be detrimental to Guest’s health, comfort or safety or that of any other person, or in the judgment of the Captain is advisable for any reason.
The Captain of the Yacht has the right in his sole discretion to make decisions in this regard for the safety and security of the Yacht and the health, safety and security of those on board.
C) Crystal Expedition Cruises reserves the right to request a letter from Guest’s physician attesting to Guest’s fitness to travel, but by requesting such letter does not waive its right to disembark or refuse to embark Guest as set forth
herein. If Guest is required to remain on board the Yacht or elsewhere, due to injury, illness, or disability, or due to action of any government or authority, or for any other reason not the fault of Crystal Expedition Cruises, Guest must pay or
reimburse Crystal Expedition Cruises for all resulting costs and expenses including for food, transportation, accommodation, medical and/or repatriation services including but not limited to such costs incurred by or on account of services provided
by port agent and other shoreside service providers, including luggage shipping costs for Guest and those accompanying Guest.
Disabled guests in wheelchairs or those with a special condition which demands special attention while traveling are required to travel with a companion to assist the Guest as staff, crew and fellow Guests are not able to provide care for Guest with medical
Crystal reserves the right to refuse passage to anyone who fails to advise of physical disability or is deemed unfit for travel.
D) If the Guest is refused passage or leaves the Yacht prior to the end of the cruise for any of the reasons described in this section or for other reasons including, but not limited to, personal, medical, or business reasons, Crystal Expedition Cruises
will not be liable or required to refund any portion of the Ticket price, or to be responsible for any payment, compensation or credit of any kind or for any of the Guest’s costs.
E) The provisions of Regulation 1177/2010 on Passenger Rights when Travelling by Sea and Inland Waterways will apply where the port of embarkation is in the European Union.
(F) General Statement on Covid-19 and Oher Contagious Diseases: In response to ongoing health concerns, Crystal has undertaken enhanced health and safety measures in an effort to mitigate the risk of exposure to COVID-19 and protect both our guests and crew members. Please carefully review and follow all posted instructions while boarding, onboard, and during your off-ship excursions.
Despite these measures, you should be aware that there is an inherent risk of exposure to COVID-19 and other contagious diseases in any public place where people are in close proximity. As a result, Crystal cannot guarantee that you will not become exposed to or infected with COVID-19 or any other contagious disease at any stage of your trip with Crystal. By choosing to cruise or fly with us, you voluntarily assume all risks related to exposure to COVID-19 or any other contagious disease.
12. Independent Contractors/Shore Tours/Limit of Liability:
A) Tours, including pre-cruise, post-cruise and other shore excursions, including hotels, restaurants and transportation, whether by vessel, air, rail, land or other means (“independent contractor(s)”), not owned or operated by Crystal Expedition
Cruises, are not agents or employees and are not under the operation or control of Crystal Expedition Cruises. Crystal Expedition Cruises makes no representation of any kind as to independent contractor(s) and takes no responsibility for independent
contractor(s), even if, as a convenience to Guests, Crystal Expedition Cruises provides an escort. Crystal Expedition Cruises takes no responsibility for air or other transportation under any circumstances. Guests must assume responsibility for independent
contractor(s) actions while ashore and for independent contractor(s) participation in shore activities.
B) The Guest shall have no right to any refund and Crystal Expedition Cruises shall have no obligation or liability of any kind to the Guest for acts or omissions in connection with or arising out of arrangements with independent contractors. Arrangements
with independent contractors include, but are not limited to, the following: i) services or products available for the Guest’s convenience on board the Yacht and furnished by barbers, hairdressers, manicurists, masseurs, spa operators, photographers,
entertainers, instructors, lecturers and others; ii) services, products or transportation provided elsewhere than on board the Yacht which are furnished by others in connection with visas, passports, sightseeing tours, pre-cruise and post-cruise tours,
excursions and shore trips, including, but not limited to, tender service, whether arranged or organized by tour operators, Agents or Crystal Expedition Cruises.
C) The independent contractors shall be entitled to charge for any products sold, services rendered, or transportation provided to the Guest either directly or, as a convenience to Guest, through Crystal Expedition Cruises, for which services Crystal
Expedition Cruises is entitled to impose a charge and earn a profit. Refunds will not be given for partially used services. No refund will be made for missed hotel nights or other program features due to airline delays or other factors beyond the
control of Crystal Expedition Cruises. Hotel Programs and Extended Land Programs are subject to the same cancellation policy as described in “Cancellations Prior to Embarkation.”
D) Guest and Crystal agree and intend that all rights, exemptions from liability, defenses and immunities of whatsoever nature referred to in these Terms and Conditions applicable to Crystal Expedition Cruises and the Yacht, including, but not limited
to, Sections 5, 6, 7, 9, 11, 12(F), 13, 17, 18, 19, 20, and 21 shall in all respects inure also for the benefit of certain third parties including: the Yacht’s tenders, the officers, crew, pilots, agents or employees, and all concessionaires,
independent contractors, physician and medical personnel, retail shop personnel, health and beauty staff, fitness staff, photographers, shore excursion providers, tour operators, shipbuilders and manufacturers of all component parts, launches, appurtenances,
craft or facilities, regardless of whether provided at sea or on shore, and regardless of whether belonging to any such Yacht or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires.
E) Crystal Expedition Cruises will arrange air transportation upon a Guest’s request as a separate service. If a Guest chooses this optional service, Guest authorizes Crystal Expedition Cruises to select the air carrier, routing and schedule and
to substitute charter flights for scheduled air or vice versa. If due to any cause beyond its control, Crystal Expedition Cruises is unable to arrange for air travel or the air travel arranged is unavailable or otherwise fails to materialize, Crystal
Expedition Cruises’ liability will be limited to refunding the optional air add-on amount paid to Crystal less any applicable change or special deviation fees. Crystal assumes no liability for any acts or omissions of any airline, including,
without limitation, those involving cancellation of flights, schedule changes, re-routings, damage to or delay in receiving or loss of baggage, flight delays, equipment failures, accidents, pilot or other staff shortages, overbooking or computer errors.
In arranging transportation, Crystal acts solely for the convenience of the Guest and not as agent or principal for the air carrier. The liabilities and obligations of an airline to the Guest and the Guest's rights as an airline passenger are governed
exclusively by the terms and conditions of the airlines’ tickets and tariffs.
Crystal Expedition Cruises does not own or operate the air carrier, ground transportation or hotels, and is not liable in any way for loss, damage, injury, illness or death arising in conjunction with the services provided by these independent contractors.
F) Guest acknowledges and agrees that in the event Crystal is found liable to pay damages based on the negligence or other wrongful conduct of any person or entity other than Crystal, whether by way of joint and several liabilities or otherwise, the Guest
will indemnify and hold Crystal harmless for any and all such conduct and/or damages. This agreement to indemnify and hold Crystal harmless shall specifically include, without limitation, all medical services provided on or off the Yacht, as well
as all shore excursions, transportation or other facilities or activities provided or furnished by any person or entity other than Crystal.
13. Non-Liability for Medical Treatment:
A) Medical Services and Facilities: The Guest recognizes and agrees that Crystal is not in the business of providing medical services and/or operating medical facilities. To the extent that the Yacht provides a surgeon or physician, or if the Yacht
requests emergency or other medical care or evacuation for the Guest on the Guest's behalf (hereinafter, "Medical Services"), it is understood and agreed that Crystal does so solely for the convenience of the Guest, that such Medical Services are
provided by medical professionals who work directly for the Guest, and that Crystal does not undertake to supervise, nor does it supervise or direct the actions of the person(s) providing such Medical Services. The Guest therefore agrees that Crystal
cannot guarantee the performance of such Medical Services, and that Crystal shall not be liable for losses or injuries arising therefrom. Persons or entities providing Medical Services shall be entitled to make a proper charge for any service performed
for or on behalf of the Guest, and the cost of such service shall be the sole responsibility of the Guest. The Guest hereby agrees to reimburse and indemnify Crystal for any funds advanced on account of any such charges.
B) Doctors and/or nurses are on board the Yacht for the treatment of crew members and for the convenience of the Guest and at the request of the Guest, give medical assistance to the Guest. Crystal Expedition Cruises does not undertake to treat or care
for the Guest medically. Crystal Expedition Cruises shall not be liable for any aspect of medical treatment provided to the Guest, including, but not limited to, the consequences of any examination, advice, diagnosis, medication, treatment, prognosis
or other professional services which such doctors or nurses may furnish the Guest. It may be necessary for the Guest to obtain shoreside medical services during or after the cruise in countries other than the United States in which a different standard
of medical care applies than that to which the Guest may be accustomed. Crystal Expedition Cruises makes no warranty as to the quality of any such medical services.
C) The Guest hereby consents to treatment by the Yacht’s doctor or other medical personnel, if any, or by a physician designated by Crystal Expedition Cruises, if subsequent to embarkation the Guest is unable to request or authorize such treatment
and in the opinion of the Yacht’s doctor needs medical attention.
D) The Guest shall be charged for medical services and for medications and supplies used for his or her medical treatment. The Guest shall also be responsible for the payment of any medical expenses and other expenses in connection with medical debark
and medical conditions incurred ashore.
14. Payments by the Guest and Extra Expenses: Any and all payments by the Guest to Crystal Expedition Cruises shall be made in currency of the United States of America, or other currency acceptable to Crystal Expedition Cruises. All charges for services
and products provided on board the Yacht must be settled in cash, traveler’s checks, and personal checks to limits acceptable to Crystal Expedition Cruises or credit card acceptable to Crystal Expedition Cruises before the Guest’s final
disembarkation from the Yacht. Any other expenses incurred by the Guest or by Crystal Expedition Cruises on behalf of the Guest shall be payable by the Guest on demand.
15. No General Average: Guests shall neither pay nor receive any general average contribution with respect to any property.
16. Use and Display of Likeness: Crystal Expedition Cruises has the exclusive right to include photographic, video and other visual portrayals of Guest in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity
or otherwise, without compensation or liability to Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Crystal Expedition Cruises’ sole property, free from any claims by Guest or any person
deriving any rights or interest from Guest.
Guest expressly agrees not to use any photograph, video recording or other visual or audio portrayals of Guest and/or any other Guest in combination with crew or the Yacht, or depicting the Yacht, its design or equipment or any part thereof whatsoever
for any commercial purpose or in any media broadcast or for any other non-private use, without the express written consent of Crystal Expedition Cruises. Crystal is permitted to take any and all reasonable measures to protect Crystal and enforce this
17. TIME LIMITS AND NOTICE REQUIREMENTS FOR CLAIMS:
FOR ILLNESS, INJURY OR DEATH: ANY INCIDENT OR ACCIDENT RESULTING IN EMOTIONAL INJURY, BODILY INJURY, ILLNESS OR DEATH TO A GUEST MUST BE REPORTED IMMEDIATELY TO A YACHT’S OFFICER. CRYSTAL EXPEDITION CRUISES WILL NOT BE LIABLE THEREFORE AND NO LAWSUIT
MAY BE BROUGHT EXCEPT AS PROVIDED BY LAW AND THEN ONLY IF WRITTEN NOTICE GIVING FULL PARTICULARS OF THE CLAIM IS DELIVERED TO CRYSTAL EXPEDITION CRUISES WITHIN 6 MONTHS OF THE INCIDENT OR ACCIDENT AND SUIT IS FILED WITHIN ONE (1) YEAR OF THE INCIDENT
OR ACCIDENT ALLEGED TO HAVE CAUSED THE INJURY, ILLNESS OR DEATH, AND SERVED WITHIN NINETY (90) DAYS OF SUCH FILING. IF A WRITTEN CLAIM IS NOT MADE AND SUIT IS NOT FILED AND SERVED WITHIN THE TIME PROVIDED IN THIS SECTION, THEN THE GUEST WAIVES AND
RELEASES ANY RIGHT HE OR SHE MAY HAVE TO MAKE A CLAIM AGAINST CRYSTAL EXPEDITION CRUISES FOR ANY SUCH EMOTIONAL INJURY, BODILY INJURY, ILLNESS OR DEATH. B) FOR PROPERTY, CONTRACT, AND ALL OTHER NON-PERSONAL INJURY CLAIMS: A WRITTEN CLAIM FOR
LOSS OF OR DAMAGE TO BAGGAGE, VALUABLES AND OTHER PERSONAL BELONGINGS MUST BE MADE TO CRYSTAL EXPEDITION CRUISES BEFORE THE GUEST LEAVES THE DISEMBARKATION AREA TO ENABLE CRYSTAL EXPEDITION CRUISES TO INVESTIGATE ANY DAMAGE AND TO CONDUCT A SEARCH
FOR CLAIMED LOST ARTICLES; ALL OTHER NON-PERSONAL INJURY CLAIMS MUST BE MADE IN WRITING AS SOON AS THEY ARISE; ANY LEGAL ACTION MUST BE INITIATED WITHIN 6 MONTHS FROM THE DATE THE GUEST DISEMBARKS FROM THE YACHT AND SERVED WITHIN 90 DAYS FROM THE
DATE OF INITIATION OR THE GUEST WAIVES AND RELEASES ANY RIGHT HE OR SHE MAY HAVE TO MAKE A CLAIM AGAINST CRYSTAL EXPEDITION CRUISES FOR ANY SUCH LOSS OR DAMAGE. IN RESPECT OF CLAIMS ARISING ON CRUISES OUTSIDE THE U.S. MADE UNDER EUROPEAN UNION
REGULATION 392/2009, LIABILITY FOR LOSS OF OR DAMAGE TO PROPERTY IS LIMITED TO THE AMOUNTS SPECIFIED THEREIN. GUESTS EMBARKING A CRUISE IN A EUROPEAN MEMBER STATE PORT ARE ALSO AFFORDED RIGHTS UNDER EUROPEAN UNION REGULATION 1177/2010.
FOR MORE INFORMATION ABOUT THE APPLICABLE EUROPEAN UNION REGULATIONS, PLEASE VISIT Crystal UK & EU Standard Conditions of Carriage.
FOR A COPY OF EU REGULATION 392/2009, VISIT https://ec.europa.eu/transport/themes/passengers/maritime_en .
FOR A COPY OF EU REGULATION 1177/2010, VISIT: https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1488557731345&uri=CELEX:32010R1177
18. Liability Limitation for Loss of Life or Injury:
A) Crystal Expedition Cruises hereby disclaims all liability to the Guest for damages for infliction of emotional distress, mental anguish or psychological injury of any kind under any circumstances, when such damages were not the result of physical injury
to the Guest caused by the intentional misconduct of Crystal Expedition Cruises, not the result of the Guest having been at actual risk of physical injury where such risk was caused nor intentionally inflicted by Crystal Expedition Cruises.
B) The liability of Crystal Expedition Cruises for the death of or injury to a Guest shall be subject to all exemptions from and limitations of liability provided in or authorized by the laws of the United States of America and all of the restrictions
and exemptions from liability provided in the Ticket. Crystal Expedition Cruises shall have the benefit of all Statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including,
but not limited to, Statutes of the United States of America as set forth at 46 U.S.C. Sections 30501 – 30509 and 30511. Nothing in the Ticket is intended to nor shall operate to limit or deprive Crystal Expedition Cruises of any such statutory
limitation of or exoneration from liability, or of the benefits of any statute or law of any country which might be applicable providing for exoneration from or limitation of liability.
C) For all cruises that do not call at a port of the United States of America and begin or end in a European Union member State, Crystal's liability is limited to no more than U.S. $400,000 Special Drawing Rights ("SDR") per passenger, (approximately
U.S. $552,000 as of October 2016 which fluctuates depending on the daily exchange rate as published by the International Monetary Fund at http://www.imf.org/external/np/fin/data/rms_sdrv.aspx ) if the passenger proves that the incident was a result of Crystal's fault or neglect. If the loss or damage was caused by a shipping incident, which is defined as a shipwreck, capsizing, collision or stranding of the Yacht, explosion or fire in
the Yacht, or defect in the Yacht (as defined by EU Regulation 392/2009),Crystal's liability is limited to no more than U.S. $250,000 SDRs per passenger (approximately U.S. $345,000, which fluctuates depending on the daily exchange rate as published
by the International Monetary Fund at http://www.imf.org/external/np/fin/data/rms_sdrv.aspx ). Compensation for loss caused by a shipping incident can increase to a maximum of U.S.
$400,000 SDRs per passenger unless Crystal proves that the shipping incident occurred without Crystal's fault or neglect. Shipping incidents do not include acts of war, hostilities, civil war, insurrection, natural disasters, or intentional acts or
omissions of third parties. In cases where the loss or damage was caused in connection with war or terrorism, Crystal's liability for any personal injury or death (whether occurring during a shipping incident or a non-shipping incident) is limited
to the lower of U.S. $250,000 SDRs per passenger or 340 million SDRs per Yacht per incident. Punitive damages are not recoverable for cruises covered by EU Regulation 392/2009.For more information about EU regulations, please visit
Crystal UK & EU Standard Conditions of Carriage. For a copy of EU Regulation 392/2009, visit https://ec.europa.eu/transport/themes/passengers/maritime_en
D) Crystal shall not be liable for any injuries or damages which occur while participating in any athletic or recreational activities aboard the Yacht or onshore at any port of call, including, but not limited to, Guest participation in snorkeling programs or Guest usage of any jet ski, golf, onboard water-slides, gymnasium, jogging, swimming, diving. By utilizing said facilities, the Guest agrees to assume all risks arising therefrom and does hereby fully release and discharge Crystal from any and all claims, demands, damages, causes of action, present or future, whether the same be known, anticipated or unanticipated, resulting from or arising out of the Guest's use or intended use of said facilities and/or activities.
19. Force Majeure: Except as provided in Section 9, Crystal Expedition Cruises shall not be liable in any way to the Guest for death, injury, illness, damage, delay or other loss or detriment to person or property or for Crystal Expedition Cruises’ failure to commence, perform and/or complete any duty owed to the Guest if such death, injury, illness, damage, delay or other loss or detriment to person or property is caused by act of God, war or warlike operations, terrorist activities, civil commotions, labor difficulties, whether or not Crystal Expedition Cruises is a party thereto, interference by authorities, requisitioning of the Yacht, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Yacht, fire, or any other cause whatsoever beyond the control of Crystal Expedition Cruises.
20. Choice of Law/Limitation of Liability: The Ticket and all other rights and duties of Guests and of Crystal Expedition Cruises will be construed, and disputes resolved, in accordance with the general maritime law of the United States without regard to conflict of law principles. In addition to the limitations of liability expressly provided in the Ticket, Crystal Expedition Cruises shall be entitled to the maximum protection allowed by law, including any statutory protection as to the amount of damages recoverable. In no event, however, will Crystal Expedition Cruises be liable for any damage, loss, injury or death not caused by the negligence or misconduct of Crystal Expedition Cruises.
21. FORUM; CLAIMS SUBJECT TO BINDING ARBITRATION; WAIVER OF JURY AND WAIVER OF CLASS ACTION
a. ARBITRATION OF CERTAIN CLAIMS AND FORUM FOR SMALL CLAIMS: ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF A GUEST, WHETHER BASED ON CONTRACT, TORT, STATUTORY, CONSTITUTIONAL OR OTHER LEGAL
RIGHTS, INCLUDING, BUT NOT LIMITED TO, ALLEGED VIOLATION OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY LAWS, OR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS TICKET CONTRACT OR GUEST’S
CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN THE GUEST AND CRYSTAL CRUISES, WITH THE SOLE EXCEPTION OF CLAIMS BROUGHT AND LITIGATED EXCLUSIVELY IN SMALL CLAIMS COURT IN MIAMI-DADE COUNTY, FLORIDA, SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY
BY BINDING ARBITRATION PURSUANT TO THE UNITED NATIONS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“THE CONVENTION”)
AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) SOLELY IN MIAMI-DADE COUNTY, FLORIDA, U.S.A., TO THE EXCLUSION OF ANY OTHER FORUM. GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION
THAT MAY BE AVAILABLE TO ANY SUCH ARBITRATION PROCEEDING IN MIAMI-DADE COUNTY, FLORIDA. THE ARBITRATION SHALL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES
AND THE FEE SCHEDULE IN EFFECT AT THE TIME OF FILING THE DISPUTE WITH NAM WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. INFORMATION WITH RESPECT TO NAM CAN BE REVIEWED ON THE NAM WEBSITE (www.namadr.com), AND NAM CAN BE CONTACTED IF THERE
IS ANY QUESTION AT (800)358-2550, ATTENTION CLAIMS DEPARTMENT, 990 STEWART STREET, FIRST FLOOR, GARDEN CITY, NY 11530. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE
ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT IN MIAMI-DADE COUNTY, FLORIDA). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CRYSTAL CRUISES WOULD
HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION UNDER THE CONVENTION OR FAA. CRYSTAL CRUISES AND GUEST FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER
OATH OF THE GUEST ASSERTING THE CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. IN THE EVENT THIS PROVISION IS DEEMED UNENFORCEABLE BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION FOR ANY REASON, THEN AND ONLY THEN
THE PROVISIONS OF CLAUSE (c) BELOW GOVERNING FORUM AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS CLAUSE.
b. FORUM FOR LAWSUITS: EXCEPT AS OTHERWISE PROVIDED FOR CLAIMS SUBJECT TO ARBITRATION, GUEST AND CRYSTAL CRUISES AGREE IRREVOCABLY THAT ANY DISPUTE WHATSOEVER ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR INCIDENT TO THIS TICKET/CONTRACT OR GUEST'S CRUISE INCLUDING ANY CLAIM FOR PERSONAL INJURY, ILLNESS OR DEATH, SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN MIAMI, OR AS TO THOSE LAWSUITS OVER WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN MIAMI-DADE COUNTY, FLORIDA, TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY. THE GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY OBJECTION TO VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN SUCH COURTS.
c. CLASS ACTION WAIVER: THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY LAWSUIT OR ARBITRATION AGAINST CRYSTAL CRUISES WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION.
22. Interpretation: Should any provision of the Ticket be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision shall be deemed to be severed from the Ticket and of no force
and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of the Ticket are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context
so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and vice versa.
23. WARRANTIES/CONSEQUENTIAL DAMAGES EXCLUDED: ALL WARRANTIES INCLUDING WARRANTIES OF FITNESS FOR USE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED FROM THIS AGREEMENT. CRYSTAL EXPEDITION CRUISES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
24. Notice Concerning Safety, Security and Health: Crystal Expedition Cruises endeavors at all times to exercise reasonable care for Guests' comfort and safety on board its Yachts. Crystal Expedition Cruises cannot guarantee freedom from all risks associated
with war, terrorism, crime, health risks or other potential sources of harm. Crystal Expedition Cruises reminds all Guests that they must ultimately assume responsibility for their activities while ashore and for their other travel choices. The United
States Department of State and government agencies regularly issue advisories and warnings to travelers giving details of local conditions in specified cities and countries according to such agencies’ perceptions of risks to travelers. Crystal
Expedition Cruises recommends that Guests and their Agents obtain and consider such information when making travel decisions.
25. Written Notices: Except as otherwise expressly provided in the Ticket, all written notices required by the Ticket must be mailed, postage prepaid, to:
Crystal Expedition Cruises
1501 Biscayne Blvd., Suite 501
Miami, Florida USA 33132
26. THE PROVISIONS OF THE TICKET REPRESENT THE ENTIRE AGREEMENT AND A BINDING CONTRACT BETWEEN THE GUEST AND CRYSTAL EXPEDITION CRUISES. THE GUEST’S ACCEPTANCE OF THE TICKET CONSTITUTES THE GUEST’S CONSENT TO THESE PROVISIONS. THESE PROVISIONS SUPERSEDE ANY ORAL OR WRITTEN REPRESENTATIONS, WITH THE EXCEPTION OF THE PROVISIONS OF THE CRUISE LINES INTERNATIONAL ASSOCIATION (CLIA) PASSENGER BILL OF RIGHTS, TO WHICH CRYSTAL EXPEDITION CRUISES AGREES AND WHICH IS SET FORTH ON THE CRYSTAL EXPEDITION CRUISES WEBSITE AT crystalcruises.com. IF THE PROVISIONS OF THE PASSENGER BILL OF RIGHTS ARE INCONSISTENT WITH THE PROVISIONS OTHERWISE SET FORTH IN THIS TICKET, THEN THE PROVISIONS OF THE PASSENGER BILL OF RIGHTS SHALL PREVAIL. ANY CHANGE IN THESE PROVISIONS MUST BE IN WRITING AND SIGNED BY THE PRESIDENT OF CRYSTAL EXPEDITION CRUISES AND MAY REQUIRE A COMMENSURATE INCREASE IN FARE. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITH OR WITHOUT NOTICE. THE PROVISIONS OF THE TICKET WITH RESPECT TO LIABILITY LIMITATIONS, CLAIMS, TIMELIMITS, NOTICE, JURISDICTION AND DISPUTE RESOLUTION ARE FOR THE BENEFIT OF CRYSTAL EXPEDITION CRUISES AND ANY AGENTS, INDEPENDENT CONTRACTORS, CONCESSIONAIRES AND/OR SUPPLIERS OF CRYSTAL EXPEDITION CRUISES.
To obtain your state-specific Certificate of Insurance that contains the complete terms, conditions, limitations and exclusions of the certificate, visit https://affinitytravelcert.com/docs/usfcyc01 .
Crystal Expedition Cruises
General Ticket Terms & Conditions
Version 11 - 17 May 2021