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Passenger Ticket Contract

PLEASE READ THESE TERMS & CONDITIONS OF USE PRIOR TO USING THIS SITE.

1. DEFINITIONS
   1. The words “You”, “Your” and “Guest” mean all persons, including minors, traveling under this Ticket/Contract and each person’s heirs and personal representatives. Your acceptance of this Ticket/Contract represents Your acknowledgment and acceptance of these Terms and Conditions for You and for all other persons traveling under this Ticket/Contract, all of whom accept and agree to all the conditions of carriage.
   2. The words “We”, “Us”, “Our” and “Carrier” mean Oceania Cruises, Inc., a corporation duly organized and existing in current good standing pursuant to the laws of the Republic of Panama, whose principal offices are as shown at the end of this Ticket/Contract and which also include its parent, subsidiaries and affiliates, as well as the owner, and its affiliates. For the purposes of the defenses, limitations of liability and rights of the Carrier set forth in this Contract only, “Carrier” also includes the Ship named on the Ticket (or any substituted Ship), the Ship’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, independent contractors, shipbuilders and manufacturers of all component parts, launches, craft or facilities, whether provided at sea or on shore, belonging to any such Ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires..
   3. The word “Ship” means the vessel chartered, operated, or provided by Us as the Carrier on which You, as Our Guest, will be traveling.
   4. The word “Master” means the Captain of the Ship or any person who acts under his authority.
   5. The term “Cruise” means all water transportation aboard the Ship and the Ship’s tenders which We agree to provide You pursuant to this Ticket/Contract. The term “Cruise Fare” means the total amount paid, excluding prepaid charges, in exchange for the cruise.
   6. The term “CruiseTour” means those additional facilities and services added to the cruise, including but not limited to water transportation, air transportation, hotel accommodations and ground transportation. The term “CruiseTour Fare” means the total amount paid for the CruiseTour, excluding Optional Facilities and Services Fees and personal charges
   7. The term “Prepaid Charges” means that separate amount paid by You to cover the cost of all governmental and quasi-governmental fees, taxes and charges, as well as ground handling fees and transfer costs and other tariffs, air fuel and fuel surcharges, security and handling fees and administrative and other fees and expenses of a similar nature concerning the specific itinerary of Your cruise or CruiseTour. Any increase or decrease in any component of prepaid charges may be made the subject of adjustment, in Our discretion. Air taxes and air fuel surcharges are estimated by Oceania Cruises at the time of sale based on previous taxes and fuel surcharges levied by air carriers traveling to your destinations. The amount charged herein may vary.
   8. The term “Suite Baggage” means all baggage allowed aboard the Ship and placed in Your suite according to these terms and conditions. “Other Baggage” means any of Your baggage or other personal property which has been stored at Your request in the Ship’s baggage room, holds or safe against a receipt.
   9. The term “Optional Facilities and Services Fees” mean all fees and charges which You voluntarily incur for items which may include, but are not limited to, vacation protection insurance coverage, shore excursions, spa treatments, visas and prepaid gratuities and other optional purchases of products and/or services aboard the Ship, which are considered earned as those facilities and services are provided either by Us as the Carrier or by third party providers.
   
    
2. IDENTIFICATION
   Your name and the names of all Guests in Your party, the name of the Ship, the sailing date, Your accommodations, Your total Cruise Fare or CruiseTour Fare and all scheduled ports, including embarkation and final destination are as specified on this Ticket/Contract.
   
    
3. CRUISE FARE AND CRUISETOUR FARE
   We acknowledge receipt of payment by You of the total Cruise Fare or CruiseTour Fare and We agree to transport You from the scheduled port of embarkation to the scheduled port of final destination according to all of the terms, conditions, limitations and exceptions contained in this Ticket/Contract. The Cruise Fare paid by You covers all normal shipboard services and meals (except where a cover charge may be imposed in certain restaurants), accommodations and facilities. The Cruise Fare does not include beer, wine, spirits, sodas or other bottled beverages, or charges for other incidental items, activities, excursions or personal services during the Cruise. Optional Facilities and Services, provided by independent contractors and third-party providers, may be added to the Cruise Fare by agreement in order to constitute a total CruiseTour Fare, subject to all of the terms and conditions of this Ticket/Contract regarding Our liability.
   
    
4. CARRIER’S DISCRETION
   As the Carrier, We reserve the right at any time, without notice, to cancel any cruise or CruiseTour, to change or postpone the date or time of sailing or arrival, to change the port of embarkation or final destination, to shorten the cruise or substitute the Ship or to change or substitute any component of the CruiseTour including but not limited to aircraft, other transportation or any hotel at which You are scheduled to stay. If We are required to do any of these things, We will be responsible to You as follows:
   1. If We cancel the cruise or CruiseTour before it has started, We will refund the Cruise Fare or CruiseTour Fare that We have actually received (less any air or accommodation charges incurred).
   2. If the scheduled sailing date or time is delayed and as a result of that delay, You are not otherwise accommodated on board the Ship, We may arrange hotel accommodations and food at no additional expense to You for the duration of the delay.
   3. If the scheduled port of embarkation or final destination is changed, We will arrange transportation to the new port from the originally scheduled port.
   4. If the United States Department of State publishes a Public Announcement regarding a specific country or location included in the scheduled itinerary, We reserve the right to operate the cruise or CruiseTour as scheduled or to change the itinerary, at Our discretion.
   5. If the cruise is shortened or terminated, We will, at Our option, either make a proportionate refund of the Cruise Fare or We will transfer You to another Ship or the port of final destination by other means. If the scheduled length of the cruise is increased, You will have no responsibility for the cost of the additional Cruise Fare and We will have no responsibility to pay or compensate You in any manner, including any direct or consequential damages. In either of the above circumstances, Our responsibility ends once We return You to the point of origination as booked and ticketed by Us.
   6. If any component of Your CruiseTour, such as the hotel at which You are scheduled to stay, is changed or substituted, We will use reasonable efforts to obtain a substitute for such component which is substantially equivalent therefore, but shall have no liability to You in connection with such substitution or change.
   
    
5. THIS TICKET IS NON-TRANSFERABLE
   This Ticket/Contract is not transferable or assignable by you and is valid only on the Ship and for the cruise or CruiseTour shown above. Please refer to your Confirmation for payment terms. No reservations will be issued on a binding basis unless we, as the Carrier, or our representative receive the required payments. We reserve all rights concerning the pricing and payment of all Cruise Fares and/or CruiseTour Fares. Travel agents and all other agents are declared to be solely your agents for the purposes of this Ticket/Contract and all further documents concerning the cruise and/or CruiseTour. Cruise Fares and/or CruiseTour Fares together with prepaid charges and Optional Facilities and Service Fees incurred are agreed as fully earned and otherwise paid at the scheduled sailing or departure date, respectively, and will not be refunded in whole or in part except as otherwise noted in this Ticket/Contract. Certain changes to your reservations may constitute a cancellation and are therefore subject to cancellation charges as outlined in Clause 6 of this Ticket/Contract.
   
    
6. CANCELLATION POLICY
   When We receive a written notice of cancellation from You addressed to Us at Our principal offices (collectively “cancellations”), both parties agree to the following provisions.

   The following applies to cruises of 1 to 19 days in length:

   1. In the event of cancellations actually received by Us ninety-one (91) days or more prior to sailing date, a refund of all amounts already paid to Us will be made.
   2. In the event of cancellations actually received by Us on or between sixty (60) days and ninety (90) days prior to sailing date, a refund of all amounts already paid to Us will be made, less a cancellation charge equal to the deposit amount of US$500.00 per person.
   3. In the event of cancellations actually received by Us on or between thirty (30) days and fifty-nine (59) days prior to sailing date, a refund of all amounts already paid to Us will be made, less a cancellation charge equal to fifty percent (50%) of the applicable fare, and less any prepaid charges, Optional Facilities and Services Fees incurred. If the cancellation charge is more than Your advance payment, You agree to be liable to Us for the difference.
   4. In the event of cancellations actually received by Us on or between fifteen (15) days and twenty-nine (29) days prior to sailing date, a refund of all amounts already paid to Us will be made, less a cancellation charge equal to seventy-five (75%) of the applicable fare, and less any prepaid charges, Optional Facilities and Services Fees incurred. If the cancellation charge is more than Your advance payment, You agree to be liable to Us for the difference.
   5. In the event of cancellations actually received by Us on or between the sailing date and fourteen (14) days prior to sailing date, a cancellation charge equal to one hundred percent (100%) of the applicable fare will be imposed. In addition, any prepaid charges, Optional Facilities and Services Fees incurred will not be refunded. If the cancellation charge is more than Your advance payment, You agree to be liable to Us for the difference.
   6. In the event that no notice is given or cancellation is not received by Us (“no-show”) prior to sailing date, no refund of the applicable fare will be made and a cancellation charge equal to one hundred percent (100%) of the applicable fare will be imposed. In addition, any prepaid charges, Optional Facilities and Services Fees incurred will not be refunded. If the cancellation charge is more than Your advance payment, You agree to be liable to Us for the difference.
   7. All appropriate refunds may be made either to You or to Your travel agent, if You are so represented, in the same form as received. Please note that some agents may, in their discretion, withhold an agency cancellation charge. We shall have no responsibility to You for any such agency cancellation charge.
   8. Cancellation charges are imposed regardless of resale of the cruise, hotel or air components. As noted above, all refunds of the applicable fare and prepaid charges will be made less cancellation charges, together with prepaid charges, Optional Facilities and Service Fees incurred, which may include prepaid hotel, airline, ground related or immigration related expenses and administrative fees, among others. We highly recommend that all Our Guests purchase vacation protection insurance.
   9. Changes to a reservation after deposit and prior to issuance of travel documents may result in assessment of administrative fees and service charges beyond the control of Oceania Cruises. Administrative fees and service charges will vary and are based on the type of change to Your cruise departure, itinerary, package or air supplement. Guests are responsible for any additional costs incurred as a result of these changes. Some changes, including name changes, may also be considered cancellations and applicable fees will be assessed. Any changes to a reservation that result in imposition of airline or other cancellation fees are the responsibility of the Guest. No refund will be made for unused or partially used portions of the cruise, air or land programs including shore excursions except as specifically outlined in this Ticket/Contract.

   The following applies to Holiday Cruises, of any length, and applies to cruises of 20 days in length or more:

   1. In the event of cancellations actually received by Us one hundred fifty-one (151) days or more prior to sailing date, a refund of all amounts already paid to Us will be made.
   2. In the event of cancellations actually received by Us on or between one hundred twenty (120) days and one hundred fifty (150) days prior to sailing date, a refund of all amounts already paid to Us will be made, less a cancellation charge equal to the deposit amount of US$500.00 per person.
   3. In the event of cancellations actually received by Us on or between ninety (90) days and one hundred nineteen (119) days prior to sailing date, a refund of all amounts already paid to Us will be made, less a cancellation charge equal to fifty percent (50%) of the applicable fare, and less any prepaid charges, Optional Facilities and Services Fees incurred. If the cancellation charge is more than Your advance payment, You agree to be liable to Us for the difference.
   4. In the event of cancellations actually received by Us on or between sixty (60) days and eighty-nine (89) days prior to sailing date, a refund of all amounts already paid to Us will be made, less a cancellation charge equal to seventy-five (75%) of the applicable fare, and less any prepaid charges, Optional Facilities and Services Fees incurred. If the cancellation charge is more than Your advance payment, You agree to be liable to Us for the difference.
   5. In the event of cancellations actually received by Us on or between the sailing date and fifty-nine (59) days prior to sailing date, a cancellation charge equal to one hundred percent (100%) of the applicable fare will be imposed. In addition, any prepaid charges, Optional Facilities and Services Fees incurred will not be refunded. If the cancellation charge is more than Your advance payment, You agree to be liable to Us for the difference.
   6. In the event that no notice is given or cancellation is not received by Us (“no-show”) prior to sailing date, no refund of the applicable fare will be made and a cancellation charge equal to one hundred percent (100%) of the applicable fare will be imposed. In addition, any prepaid charges, Optional Facilities and Services Fees incurred will not be refunded. If the cancellation charge is more than Your advance payment, You agree to be liable to Us for the difference.
   7. All appropriate refunds may be made either to You or to Your travel agent, if You are so represented, in the same form as received. Please note that some agents may, in their discretion, withhold an agency cancellation charge. We shall have no responsibility to You for any such agency cancellation charge.
   8. Cancellation charges are imposed regardless of resale of the cruise, hotel or air components. As noted above, all refunds of the applicable fare and prepaid charges will be made less cancellation charges, together with prepaid charges, Optional Facilities and Service Fees incurred, which may include prepaid hotel, airline, ground related or immigration related expenses and administrative fees, among others. We highly recommend that all Our Guests purchase vacation protection insurance.
   9. Changes to a reservation after deposit and prior to issuance of travel documents may result in assessment of administrative fees and service charges beyond the control of Oceania Cruises. Administrative fees and service charges will vary and are based on the type of change to Your cruise departure, itinerary, package or air supplement. Guests are responsible for any additional costs incurred as a result of these changes. Some changes, including name changes, may also be considered cancellations and applicable fees will be assessed. Any changes to a reservation that result in imposition of airline or other cancellation fees are the responsibility of the Guest. No refund will be made for unused or partially used portions of the cruise, air or land programs including shore excursions except as specifically outlined in this Ticket/Contract.
   
   
   
7. GUEST’S WARRANTIES
   You warrant that You and all other Guests traveling with You are physically, emotionally and otherwise fit to undertake the cruise or CruiseTour; that You and they have received all medical inoculations necessary; that You and they will at all times comply with the Ship’s rules and regulations and orders and directions of the Ship’s Master, officers and medical staff, and that Your conduct will not impair the safety of the Ship or jeopardize or inconvenience other Guests. We may refuse to embark, or may disembark, confine to a stateroom, quarantine or limit the activities during the cruise at any time or at any port any Guest who may be suffering from contagious or infectious disease or whose presence, or that of any accompanying child, in the opinion of the Master, may be detrimental to the comfort, enjoyment or safety of other persons, or who, in the Master’s opinion, might create a risk of harm to himself/herself or any other person, or who may be excluded from landing at the destination by Immigration or other Governmental Authorities. In such cases, the Guest shall not be entitled to any refund of the Cruise Fare or CruiseTour Fare or any compensation whatsoever.
   
    
8. EMBARKATION
   Upon embarkation, You shall have in Your possession this Ticket/Contract, valid passport, visas, inoculations card and all other documents necessary for the scheduled ports of call and final destination. We, as Carrier, shall not be liable for any losses or delays incurred by Your failure, or that of others, to maintain all of said necessary documents. You are required to be at the airport gate at least two (2) hours prior to the scheduled departure of air transportation and are required to be aboard the Ship at least one (1) hour before scheduled departure time. We reserve the right, in Our sole discretion, to deny embarkation to any person for any reason other than discrimination on the basis of race, religion, national origin, gender, sexual preference or other legally impermissible classification. In any case described in the preceding sentence, We shall refund to You the Cruise Fare or CruiseTour Fare paid by You and We shall have no further liability to You whatsoever. In addition, Clause 19 below requires You to advise Us in writing of any physical, emotional or mental condition which may require attention, accommodation or treatment during the cruise and to advise Us if You are physically challenged or require the use of a wheelchair or other similar permitted equipment. Under Clause 19, We may require as a condition to embarkation a certificate of fitness for certain guests. You may be refused embarkation if You, in Our sole opinion, are not physically, mentally, emotionally or otherwise fit to undertake the scheduled voyage, or if You fail to follow the notification and certificate of fitness requirements of Clause 19 or if You attempt to bring on the Ship equipment not permitted on board, in which case You shall forfeit the applicable Cruise Fare or CruiseTour Fare in full, and We shall have no further liability to You whatsoever.
   
    
9. CARRIER’S RIGHTS
   The Ship, either before embarkation or at any time thereafter and whether or not required by any maritime necessity, may remain in port, proceed by any route and deviate from or change the advertised scheduled or intended route at any stage of the voyage and may proceed to and stay at any places whatsoever, although in a contrary direction to, or outside of, or beyond the usual route, one or more times, in any order, for loading or discharging fuel, stores, laborers, stowaways, Guests, or members of the Ship’s company, for this, or any prior or subsequent voyage and/or for any purpose whatsoever that We, as Carrier, or the Master may deem advisable. Any such procedure shall be considered not to be a deviation but within the voyage herein intended as fully as if specifically described herein. The above mentioned provisions are not to be considered as restricted by any words of this Ticket/Contract whether written, stamped or printed. The Ship may adjust compass, drydock or go on ways before or after commencement of the voyage and may sail without pilots, tow or be towed, and assist vessels in all situations and deviate for the purposes of saving life or property. If the performance of the proposed voyage is hindered or prevented (or in the opinion of the Carrier or Master, is likely to be hindered or prevented) by war, hostilities, blockage, ice, labor conflicts, weather, surf, shallow waters, insurrections, disturbances, on board or ashore, restraint of any Governmental Authority, breakdown of the Ship, congestions, docking difficulties or any other cause whatsoever, or if We, as Carrier, or the Master of the Ship consider that for any reason whatsoever, beyond the control of the Carrier, proceeding to, attempting to enter, or entering or remaining at any port may expose the Ship to risk of loss or damage, or be likely to delay the Ship, You and Your baggage may be landed at any port or place at which the Ship may call, in which event Our responsibility shall cease and this Ticket/Contract shall be deemed to have been fully performed, or if You have not embarked, We may cancel the proposed voyage without liability to refund any Cruise Fares paid in advance.
   
    
10. CARRIER’S LIABILITY
    (a) Foreign Voyages: On cruises which neither embark, disembark nor call at any U.S. port, Carrier shall be entitled to any and all liability limitations, immunities and rights applicable to it under the “Convention Relating to the Carriage of Passengers and Their Luggage by Sea” of 1974 as well as the “Protocol to the Convention Relating to the Carriage of Passengers and Their Luggage by Sea” of 1976 (“Athens Convention”). The Athens Convention limits the Carrier’s liability for death of or personal injury to a Passenger to no more than 46,666 Special Drawing Rights as defined therein (approximately U.S. $65,000 which fluctuates, depending on a daily exchange rate as printed in the Wall Street Journal). On such cruises, Carrier’s liability shall further be subject to the provisions of the Convention on Limitation of Liability for Maritime Claims, 1976, with revisions, protocols and amendments. In addition, and on all other cruises, all the exemptions from and limitations of liability provided in or authorized by the laws of the United States (including Title 46 U.S. Code Sections 30501-30509), 30511 will apply. We shall not be liable for any such death, injury, illness, damage, delay, loss or detriment caused by Act of God, war or warlike operations, civil commotions, labor trouble, interference by Authorities, perils of the sea, lurching of the Ship, or any other cause beyond Our control, fire, thefts or any other crime, errors in the navigation or management of the Ship or defect in or unseaworthiness of hull, machinery, appurtenances, equipment, furnishing or supplies of the Ship, fault or neglect of pilot, tugs, agents, independent contractors, including without limitation the Ship’s physician and other medical personnel, You or other persons on board not in Our employ or any other cause of whatsoever nature except and unless it is proven that such death, injury, illness, damage, delay or loss resulted from Our act or omission committed during the course of the carriage and due to Our fault or neglect or any of Our servants or agents acting within the scope of their employment.

    (b) Baggage and Property: We shall not be liable for loss of or damage to Your property in any amount exceeding US$500.00 per Guest. Should You desire an extension of Our liability of US$500.00, You should declare the true value of the property in writing and pay to Us an amount of money calculated at 5% of the true value declared, up to US$5,000.00. Liability will then be extended to the amount of the true value declared but in no event exceeding US$5,000.00. We shall in no event be liable for the loss of or damage to cash, securities, gold, silverware, jewelry, ornaments, works of art or other valuables, including but not limited to those specified in Title 46 of the United States Code 30503, unless the same have been deposited with Us against receipt for the agreed purpose of safekeeping. In the event of such a deposit, Our liability for loss or damage thereof shall be limited to US$500.00, unless value exceeding that amount be declared in writing. If the declared value exceeds US$100.00, We are entitled to charge 5% of value declared, up to US$5,000.00. Upon payment of this charge, liability, if any, will be extended to the true value declared but in no event shall We be liable for an amount exceeding US$5,000.00.

    Luggage for Carrier’s Guests must be handled pursuant to regulations and tariffs of airlines, government security requirements and ground operators. Luggage exceeding these limitations will be subject to charges as set forth by the individual operators, including any excess baggage charges. Carrier reserves the right to refuse any items that may be considered dangerous (explosives, firearms, liquid oxygen, combustible or illegal items). Carrier reserves the right to search any baggage for security reasons. All hand-carried luggage and personal effects are the responsibility of the Guest at all times. Carrier is not responsible for the loss of or damage to Guests’ luggage. Baggage insurance is recommended. Luggage and personal belongings will be taken off the Ship upon guest debarkation. Under no circumstances will luggage be kept on board without the owner of such luggage being on the vessel. Guests may bring a reasonable amount of luggage on board Our Ships. No baggage or items heavier than 70 lbs. will be loaded onto or offloaded from Our Ships.

    Notwithstanding the foregoing, in no event shall We be liable to You in respect of any occurrence prior to embarkation or after disembarkation from the Ship. In no event shall We be liable to You with respect to any occurrence taking place other than on the Ship or launches, tender or other craft owned or operated by Us, or with respect to any baggage, when the same is in Our custody at any shore side installation.

    (c) Emotional Distress: Carrier hereby disclaims all liability to the Guest for damages for emotional distress, mental anguish or psychological injury of any kind, under any circumstances, when such damages were neither the result of a physical injury to the Guest, nor the result of that Guest having been at actual risk of physical injury, nor were intentionally inflicted by Carrier.

    (d) Shore Excursions and Other Transportation, Services and Facilities: We shall in no event be liable to You in respect of any occurrence prior to embarkation or after disembarkation from the Ship named herein or substitute, except for transportation by water which is carried out by means of a conveyance provided by Us including the Ship and its tenders or, with respect to any baggage, when the same is in Our custody at any shore side installation. We have made arrangements on Your behalf for the provision of travel facilities other than water transportation with various independent contractors solely as a convenience and not as an agent of those independent contractors, for which a surcharge may be imposed. Carrier does not undertake to supervise or control such independent contractors or their employees, conveyances or facilities, and accepts no liability for any loss, delay, damage, injury, death, misrepresentation or disappointment whatsoever resulting therefrom. Carrier makes no representation, either express or implied, regarding the suitability, safety, insurance or other aspects of any such contractors, transportation, tours, services, products or facilities and Carrier’s liability for nonperformance of any independent contractor providing such facilities or services shall be limited to a refund of the amounts received by Carrier on the Passenger’s behalf, if any. We assume no responsibility in whole or in part for any delays, delayed departures or arrivals, missed connections, loss, death, damage or injury to person or property or accident, mechanical defect, failure or negligence of any nature whatever caused in connection with any accommodations, transportation, services or facilities, substitution of hotels, common carriers or equipment with or without notice or for any additional expenses occasioned thereby. We reserve the right to choose the air carrier, routing and gateway locations, as well as the right to substitute charter flights for scheduled service and vice versa. If the entire Cruise or CruiseTour is canceled by Us for any reason, Guests shall have no claim other than for a full refund of the Cruise Fare or the CruiseTour Fare, whichever is applicable. The airlines and other transportation companies concerned are not to be held responsible for any act, omission or event during the time You are not on board their conveyances. This Ticket/Contract constitutes the sole agreement between Oceania Cruises and You, it being understood that the various independent contractors otherwise participating in the cruise or CruiseTour will enter into their own separate contractual arrangements with You, and that You assume the risk of utilizing the services and facilities of those independent contractors. Any penalties, change fees or cancellation fees that result from changes to or cancellation of air arrangements are the sole responsibility of the Guest.

    (e) No Liability Unless Carrier at Fault: Under no circumstances shall Carrier be liable without fault and no warranty, either express or implied, applies to any of the services, accommodations, facilities, activities, personnel, acts or omissions whatsoever received in connection with this Contract. If any claim is brought against Us in a jurisdiction where any of the applicable limitations and exemptions contained in this Contract are legally unenforceable, then in such event We shall not be liable for death, injury, illness, damage, delay or other loss or detriment to person or property arising out of any cause of whatsoever nature if not shown to have been caused by Our negligence.

11. THIRD PARTY PROVIDERS
    We, as the Carrier, may also provide other services or facilities as a convenience to guests and are not responsible for services, treatments and/or attendance provided or supplies given by the medical personnel, beautician, barber, fitness instructor, laundry, casino, photographic and/or any other concessionaire or other persons providing personal services to You. Should You avail Yourself of the medical or other professional services which the Ship’s medical personnel may furnish as independent contractors upon request, We shall not be liable for the consequences of any examination, advice, diagnosis, medication or treatment thus furnished. Charges for such medical and other professional and personal services which You request will be Your sole responsibility.
    
     
12. GUEST DETENTION
    If You are detained on board or elsewhere at any time or at final destination because of quarantine, port regulations, illness or other cause, all expenses incurred in connection with such detention shall be Your sole responsibility. If You are carried aboard the Ship beyond final destination for any reason, without fault of the Carrier, You shall pay for any additional maintenance or extra transportation. Should it become necessary, in the sole judgment of the Master of Ship, to transfer You for medical reasons, the cost of such transfer shall be borne by Yo
    
     
13. DANGEROUS ITEMS
    Only such personal wearing apparel, effects and gifts as are necessary and appropriate for the voyage may be brought on board by You. Any piece of baggage must be distinctly labeled with Your name, Ship’s name, suite number and sailing date. You are allowed without extra charge one (1) cubic meter (cbm) of baggage. You may not possess firearms, explosives, flammable materials or other hazardous goods. Such goods shall be surrendered to the Master at embarkation, and in Our discretion may be confiscated, destroyed or surrendered to authorities. You shall have no claim for loss or inconvenience thereby incurred. We assume no responsibility for any loss of or damage to Your perishable items, medicines, valuables, financial instruments, electronic equipment and the like, except as specifically provided in these Terms and Conditions.
    
     
14. SMOKING POLICY
    Guests are kindly reminded that smoking constitutes a serious health and safety hazard that may result from the combustion of accommodation areas and furnishings and thus is expressly forbidden in all staterooms, suites and on verandas. For the safety and comfort of Your fellow guests, We request Your cooperation and compliance with this policy. Guests choosing to disregard the policy may be subject to monetary penalties - up to the fare paid for passage - that will be imposed to cover the costs associated with the required cleaning of stateroom furnishings, verandas and surrounding deck and accommodation areas. Guests are also kindly reminded that the Master of the Ship reserves the right to disembark any guests, without prior warning, for violation of this policy and said guest(s) shall be responsible for all fees levied by governmental or quasi-governmental authorities, all costs associated with repatriation and Ship’s loss of revenues from said forced disembarkation or costs associated with repairs or replacement of furnishings as a result of combustion of accommodation areas found to be caused by said guest(s). Our ships are generally non-smoking; however, smoking is permitted in certain designated areas.
    
     
15. ALCOHOL POLICY
    Guests agree that the sale and consumption of alcoholic beverages will be limited to Guests who are 21 years or older and no guest will attempt to purchase such beverages in violation of this policy under any circumstances, either for themselves or others. Oceania Cruises will refuse and prohibit the sale or service of alcoholic beverages to Guests under the age of 21 years. Guests are kindly reminded to consume alcohol in moderation and Carrier reserves the right to refuse the sale of such beverages to any intoxicated or underage Guest. Oceania Cruises reserves the right to prohibit and retain all liquor brought aboard the Ship. All liquor purchased ashore must remain in bond until disembarkation.
    
     
16. PETS
    No pets or other animals are allowed on board the Ship.
    
     
17. INDEMNIFICATION
    You agree to indemnify Us for all penalties, fines, charges, losses or damages of any nature incurred or imposed upon Us or the Ship by virtue of any act or violation of law by You or by all Guests named on or traveling under this Ticket/Contract.
    
     
18. CHILDREN
    Oceania Cruises requires that children under the age of 18 be accompanied by and occupy the same accommodations as a parent or other responsible adult 25 years or older who shall remain responsible for the conduct of such children at all times during the Cruise or CruiseTour. We do not provide services for the care, entertainment or supervision of children and We reserve the right to limit the number of children on board under the age of 18 years. Each adult Passenger hereby agrees and warrants that he/she will supervise any accompanying children at all times to ensure these policies, along with all other rules of the Carrier and Ship, are strictly adhered to. Each Guest agrees to indemnify and hold Carrier harmless from any claims, expenses, loss or damages caused by the presence of any children in the care of such Guest during the Cruise or CruiseTour.
    
     
19. HEALTH CONSIDERATIONS
    You are required to advise Us in writing, at or prior to the time a cruise is booked, of any physical, emotional or mental condition which may require attention during the cruise, or if You are physically challenged and require the use of a wheelchair, other special equipment or a service animal. A certificate of fitness is required of all such Guests. Please call Our principal offices to request the Policy Statement: Guests with Special Needs / Fitness for Travel Letter. Guests acknowledge and understand that certain international safety requirements, shipbuilding standards, and/or applicable regulations involving design, construction or operation of the vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Electric scooters or electric wheelchairs may be used on board, subject to certain size and safety limitations. We strongly recommend that if You are using any make or model of wheelchair that You travel with someone who is able to assist You, both on shore and on board the Ship. Some ports of call are anchorage ports and physical conditions may preclude You from going ashore. Decisions made by the Master of the Ship in such circumstances will be binding in all instances. If You are a Guest with Special Needs, You must bring and be responsible for all necessary items related to Your condition. If any such condition arises after the cruise is booked, You are required to advise Us in writing immediately. Any Guest who requires oxygen canisters or oxygen concentrators must independently make all the necessary arrangements, including procuring and moving any oxygen containers while on board. Please be advised that liquid oxygen is not permitted onboard the Ship. Failure to so advise Us shall release Us and all professional personnel aboard the Ship from any liability related to such condition or its treatment. Failure to disclose physical, mental, or emotional conditions prior to the departure date, or to obtain a certificate of fitness as described above, or Your attempt to bring on the Ship equipment not permitted on board may result in denial of embarkation and forfeiture of the applicable Cruise Fare or CruiseTour Fare and in such event We shall have no liability financial or otherwise. Women who will enter their seventh month of pregnancy by the end of the Cruise or CruiseTour agree not to request a booking or present themselves for boarding and will forfeit their Cruise Fare if they board in violation of this policy.
    
     
20. GENERAL AVERAGE
    You will not be liable to pay, nor be entitled to receive, any general average contribution in respect of property taken with You on the Ship.
    
     
21. PAYMENTS
    Any and all payments made by You to Us shall be made in currency of the United States of America or other currency acceptable to Us. All charges for services and products provided on board the Ship must be settled in cash or charged (via credit card acceptable to Us) before Your final disembarkation from the Ship. Any other expenses incurred by You or by Us on Your behalf shall be payable by You on demand. Oceania Cruises accepts no responsibility for credit card processing fees independently assessed by issuing banks. None of these fees separately charged by the issuing banks accrues to the benefit of Oceania Cruises nor do they accrue to the benefit of Oceania Cruises’ credit card processing bank.
    
     
22. CARRIER’S RESERVED RIGHTS
    Nothing contained in this Ticket/Contract shall be construed to limit or deprive Us of the benefit of Subtitle III of Title 46, United States Code, (as revised and amended) or of any other Statute or law whatsoever which might be applicable providing for exoneration from or limitation of liability.

    The provisions of Clause 10 shall extend to each of the independent contractors (including caterers and concessionaires) as well as Our servants and agents and the Ship as defined in Clause 1, and for this purpose shall be deemed to constitute a contract entered into between You and Us, as the Carrier, on behalf of all persons who are or may be Our servants or agents from time to time, and all such persons shall to this extent be deemed to be parties to this Ticket/Contract.

    If any other person should be held responsible, he, she or it shall be entitled to all of the benefits, limitations and exceptions mentioned in this Ticket/Contract. This Ticket/ Contract and every term and provision hereof shall be and remain in full force and effect during all periods when We are under any responsibility to You or Your property for any reason whatsoever.

23. GUEST’S COVENANTS
    You covenant and warrant that You are duly authorized by or on behalf of all Guests named on or traveling under this Ticket/Contract to agree to all terms, conditions, limitations and exceptions herein contained, and by accepting and/or using this Ticket/Contract he or she and/or they do agree accordingly and do agree that the same shall be binding on them with the same force and effect as if they and every one of them signed this Ticket/Contract. Guest must take proper steps (including provision of all necessary documents) as may be required to enable him or her to land at his or her port of destination and generally to comply with the laws of the country in which such port is situated. We shall not in any circumstances whatsoever, whether or not such documents are produced to Us by You, be responsible for any information or advice as to said laws as may be given by You to Us as the Carrier nor shall We be liable for the consequence of any insufficiency or irregularity in such documents or the noncompliance by You with such laws.

    Should the actions or inactions of any Guest(s) result in the Ship not sailing at its scheduled departure time, Oceania Cruises shall assess Late Departure Fees, beginning at US$1,000.00 per Guest, to said Guest(s) directly responsible for any departure that is delayed more then 15 minutes beyond the scheduled and published departure time, to cover the costs levied against Oceania Cruises by port authorities, governmental and quasi-governmental agencies as agreed and liquidated damages.

24. TICKET/CONTRACT USAGE
    The right is reserved to consider this Ticket/Contract as canceled and the applicable fare forfeited if You do not use this Ticket/Contract for the Ship or other Ships substituted, or land arrangements for the date mentioned, or should this Ticket/Contract become lost or mislaid, or if You use this Ticket/Contract for only part of the voyage or tour indicated hereon, for any reason, whether or not due to causes beyond Your control.
    
     
25. SECURITY PROVISIONS
    In the interests of international security and safety at sea and in the interest of the convenience and safety of other Guests, You agree and consent to a reasonable search being made of You, Your baggage or other property, and to the removal and confiscation or destruction of any object which may, in Our opinion or that of the Master, impair the safety of the Ship or inconvenience other Guests, or violate the laws of any applicable authority relative to the possession and/or transportation of nonprescription narcotics, controlled substances or any other commodity of any nature.
    
     
26. GUEST BOOKINGS
    As a condition of its business, We retain the right to overbook Guest accommodations. In the event that the Guest accommodation referenced in this Ticket/Contract is overbooked, or if We determine that the Ship is overbooked, We may, at Our discretion, deny boarding to any Guest and, at Our further discretion, refund all monies paid or offer another cruise or CruiseTour in substitution.
    
     
27. NO SOLICITATION
    You shall not solicit other Guests for commercial purposes or advertise goods and services on board the Ship without the Carrier’s prior written permission. Solicitation in any form will result in mandatory disembarkation from the Ship with no refund for any unused portion of the cruise ticket or other pre-purchased items including Your return airfare.
    
     
28. USE OF LIKENESS
    Carrier has the exclusive right to use video and other visual/audio portrayals of You or Your likeness taken during Your cruise in any medium of any nature whatsoever for any purpose, including advertising or promoting the services of Carrier without any compensation being paid to You. Any such portrayal or likeness shall be the exclusive property of the Carrier.
    
     
29. VENUE, CLAIMS SUBJECT TO BINDING ARBITRATION, TIME LIMITS FOR CLAIMS, AND CLASS ACTION WAIVER.
    (a) SUITS FOR PERSONAL INJURY, ILLNESS OR DEATH: NO SUIT SHALL BE MAINTAINED AGAINST US FOR PERSONAL INJURY, ILLNESS OR DEATH OF THE GUEST ARISING FROM, RELATED TO OR CONNECTED WITH THE CRUISE, CRUISETOUR OR THIS CONTRACT, UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS BE DELIVERED TO US OR OUR AGENT AT ANY ADDRESS SET FORTH HEREIN WITHIN SIX (6) MONTHS FROM THE DAYOF SUCH INJURY, ILLNESS OR DEATH; AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST US WITH RESPECT TO PERSONAL INJURY, ILLNESS OR DEATH BE MAINTAINABLE, UNLESS SUIT SHALL BE COMMENCED WITHIN ONE (1) YEAR FROM THE DAY WHEN THE CLAIM AROSE, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.

    (b) ARBITRATION AND FORUM FOR SMALL CLAIMS, AND ALL OTHER 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 CONTRACT OR GUEST’S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN THE GUEST AND CARRIER, WITH THE SOLE EXCEPTION OF CLAIMS BROUGHT AND LITIGATED IN SMALL CLAIMS COURT, 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, 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, FLORIDA. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL DISPUTE RESOLUTION RULES AND PROCEDURES WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. IF YOU HAVE A QUESTION ABOUT THE ARBITRATION ADMINISTRATORS MENTIONED ABOVE, YOU CAN CONTACT THEM AS FOLLOWS: AMERICAN ARBITRATION ASSOCIATION, BANK OF AMERICA TOWER, 100 SOUTHEAST 2ND STREET, STE. 2300, MIAMI, FL 33131 (305) 358-7777. 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). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CARRIER 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. CARRIER 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 29 (C) BELOW GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS CLAUSE. IN ANY EVENT, NO CLAIM DESCRIBED IN THIS CLAUSE MAY BE BROUGHT AGAINST CARRIER UNLESS WRITTEN NOTICE GIVING FULL PARTICULARS OF THE CLAIM IS DELIVERED TO THE CARRIER WITHIN THIRTY (30) DAYS OF TERMINATION OF THE CRUISE AND LEGAL ACTION ON SUCH CLAIM IS COMMENCED WITHIN SIX (6) MONTHS FROM THE DATE THE CLAIM AROSE, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.

    (c) FORUM FOR LAWSUITS: EXCEPT AS OTHERWISE PROVIDED FOR CLAIMS SUBJECT TO ARBITRATION, YOU AND WE AGREE IRREVOCABLY THAT ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH OR INCIDENT TO THIS TICKET/CONTRACT OR YOUR CRUISE OR CRUISETOUR 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.

    (d) CLASS ACTION WAIVER: THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.

30. AMENDMENTS AND MODIFICATIONS
    In the event amendments or modifications to this Ticket/Contract are required they may be added by the Carrier by means of attached form and will be considered an enforceable part hereof.
    
     
31. FOR PROFIT ENTITY
    Notwithstanding that Oceania Cruises, at the Guest’s option, arranges air transportation, hotel accommodations, ground transfers, shore excursions and other services with independent suppliers of the services, it should be understood that Oceania Cruises, being a “For Profit Entity”, earns a fee on the sale of optional services.
    
     
32. YOUR TRAVEL AGENT
    Your travel agent acts for You in making the arrangements for Your Cruise and any related travel, lodging and tours. Carrier is not responsible for any representation or conduct of Your travel agent, including but not limited to, any failure to remit Your deposit or other funds to Carrier, for which You shall at all times remain liable to Carrier, or any failure to remit a refund from Carrier to You. Receipt by Your travel agent of this Contract or any other communications, notices or information from Carrier shall constitute receipt of such materials by You.
    
     
33. MISCELLANEOUS
    The illegality or invalidity of any paragraph, clause, or provision of this Ticket/Contract shall not affect or invalidate any other paragraph, clause or provision thereof. All headings set forth in this Ticket/Contract are for convenience only and have no separate meaning or effect.

OCEANIA CRUISES, INC.
8300 NW 33rd Street, Suite 308
Miami, Florida 33122
Telephone: 305.514.2300
Telefax: 305.514.2222
www.OceaniaCruises.com

Ticket Contract PRO25527 0707