Ticket Contract

GUEST TICKET CONTRACT

1. Introduction.

This Guest Ticket Contract (“Ticket Contract”) represents the entire agreement between Guest and Carrier. Guest’s acceptance, purchase, and/or use of the Ticket Contract constitutes Guest’s acceptance and consent on behalf of itself (and on behalf of all other persons that will travel under this Ticket Contract, and any successors and assigns) to be bound by the terms and conditions contained in this Ticket Contract. Except as otherwise expressly set forth in this Ticket Contract, the provisions contained in this Ticket Contract supersede any oral or written representations or agreements relating to the subject matter of this Ticket Contract. Any change in these provisions must be in a prior writing and signed by a duly authorized corporate officer of Carrier and may require a commensurate increase in the Voyage Fare. This Ticket Contract is not transferrable and not assignable.

2. Definitions.

Capitalized terms used in this Ticket Contract without definition shall have the meanings set forth below:

a. "Baggage" means the luggage, bags, trunks or suitcase(s) or other personal items belonging to or carried on board by the Guest and Minor(s) or other persons listed in this Ticket Contract, including hand luggage, Cabin Luggage, articles and apparel worn by the Guest or such Minors, or deposited with the Yacht’s purser for safe custody.

b. “Booking” means the steps taken by the Guest or their agent to enter into a contract with Carrier relating to the relevant Voyage, which is evidenced by the issuance of a confirmation invoice sent by Company or any agent.

c. “Booking Terms” means those passenger Booking Terms and Conditions located at fourseasonsyachts.com, as may be updated from time to time, or any successor terms and conditions.

d. “Cabin Luggage” means the luggage, bags, trunks or suitcase(s) or other personal items belonging to or carried on board by the Guest and Minor(s) or other persons listed in this Ticket Contract which such Guest, Minor or other person has in his cabin or otherwise in their possession, custody or control.

e. “Captain” means the Captain of the Yacht (or any person who has been designated by such Captain to have such Captain’s authority at any given point in time).

f. “Carrier” means the Yacht and Marc-Henry Operating Limited (a Maltese limited liability company), with an address of 85 St. John Street, Valletta VLT 1165, Malta.

g. “Carrier Entities” or, individually, a “Carrier Entity,” means Carrier, Company, and Marc-Henry Cruise Holdings Ltd, and each of their respective owners, charterer(s), parents, subsidiaries, affiliates, employees, officers, and crew members.

h. “Company” means FSY Florida LLC, a Florida limited liability company, that organizes Voyages and sells or offers them for sale, whether directly or through any agent.

i. “Departure Date” means the embarking date for the Voyage.

j. “Disabled Person” means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or as a result of age, and whose situation needs appropriate attention and adaptation to his particular needs of the Voyage.

k. “Four Seasons” means FSHR (Malta) Management Ltd., its affiliates, employees, agents, members, shareholders, managers and directors and each of those entities’ employees, agents, members, shareholders, managers and directors.

l. “Guest” or “Guests” means any and all passengers traveling on the Yacht under the Ticket Contract (including any persons traveling in their care), whether named on the face of the Ticket Contract or otherwise.

m. “General Average Contribution” has the meaning given to it in the Marine Insurance Act 1906.

n. “Indemnified Parties” or, individually, an “Indemnified Party,” means Carrier Entities’ principals, agents, licensors, joint venturers and all employees and agents of such individuals, companies, and entities, including but not limited to Four Seasons.

o. “Minor” means any child under the age of eighteen (18), however, this age classification may differ from port to port regarding local laws, and it is the responsibility of the adult Guest to determine the specific requirements per scheduled port, or anyone not otherwise legally competent to enter into a Ticket Contract.

p. "Property" means belongings, effects, and possessions, including Baggage, which Guest may bring aboard the Yacht and/or which is acquired during the Voyage, irrespective of whether the Property is placed in Guest's suite or worn by Guest, or stored in the Yacht's baggage room, holds, or deposited with the Yacht’s purser for safekeeping at the request of Guest.

q. “Shipping Incident” means a shipwreck, capsizing, collision or stranding of the Yacht, explosion or fire in the Yacht, or a defect in the Yacht, which shall mean any malfunction, failure or non-compliance with applicable safety regulations in respect of any part of the Yacht or its equipment when used for the escape, evacuation, embarkation and disembarkation of Guests, or when used for the propulsion, steering, safe navigation, mooring, anchoring, arriving at or leaving berth or anchorage, or damage control after flooding; or when used for the launching of life saving appliance.

r. “Shore Experiences” means any excursion (including shore excursions), trip, tour, or activity ashore (including travel aboard any other vessel) that is not included as part of the all-inclusive price of the Voyage and is offered for sale by or on behalf of Carrier or onboard its Yachts. Shore Experiences are operated by independent third parties with whom a Guest may have a separate contract for the provision of such Shore Experiences, and are not under the operational control of any Carrier Entity.

s. “Responsible Adult” means the parent or guardian of a Minor child or ward, any adult who is authorized by the parent or guardian to have the care, custody, and control of the parent or guardian’s Minor child or ward, or the guardian or other legal representative of a person that is not legally competent to contract. If a “Responsible Adult” enters into this Ticket Contract, the “Responsible Adult” does so on its own behalf and on behalf of such “Responsible Adult’s” Minor child or ward.

t. “Voyage” means the specific Voyage covered by this Ticket Contract, as the same may be modified and shall include those periods prior to initial departure of the Yacht at the port of embarkation during which the Guest is at any terminal or docking facility owned or operated by Carrier, periods at the port of disembarkation after the Guest disembarks but has not yet departed any terminal or docking facility owned or operated by Carrier, and those periods when the Guest is on land or otherwise not aboard the Yacht while the Yacht is in port or underway during the Voyage.

u. “Voyage Fare” means the amount paid for the Ticket Contract as further described in the Booking Terms.

v. “Yacht” means the ship or vessel on which the Guest will be traveling (or any substituted ship or vessel), and its tenders, rigid inflatable boats, marina equipment or any other means of conveyance owned, operated, or managed by Carrier in whole or in part.

3. Booking Terms and Conditions.

Guest acknowledges and agrees that the Booking Terms are hereby incorporated by reference into this Ticket Contract. In the event of a conflict between the provisions of this Ticket Contract and any provision of the Booking Terms, the provisions of this Ticket Contract shall govern and control. Guest acknowledges and agrees that Guest has read and understands the terms and conditions set forth in the Booking Terms, and that the Booking Terms contain important information, including, but not limited to, information relating to cancellations or refunds (where applicable).

4. Contract and Final Payment.

Every Voyage is subject to availability at the time of Booking. No Contract shall be made until the deposit is paid, or the entire Voyage Fare is paid (if the Booking is made at a time when the full Voyage Fare is due immediately upon Booking), and the confirmation invoice is provided to the Guest or the Guest’s agent.

5. Currency and On-Board Payments.

a. Any and all payments by Guest to Carrier shall be made in currency of the United States of America or other currency acceptable to Carrier.

b. All charges for services and products provided on board the Yacht must be settled by a credit or debit card acceptable to Carrier before Guest’s final disembarkation from the Yacht. Guest may be subject to additional fees or charges in line with the terms and conditions of their credit or debit card provider and should check this before making any payment. Any other expenses incurred by Guest or by Carrier Entities on behalf of Guest shall be payable by Guest on demand.

6. Voyage Fare and Variable Occupancy Rates.

a. Voyage Fare is per suite, based on the published occupancy of the suite.

b. Voyage Fare does not include airfare, transfers, hotel accommodations, lunch and dinner in all onboard restaurants, Baggage handling and storage charges, the Property fee set out in Section 11(d)), credit or debit card fees, surcharges, Shore Experiences, sightseeing or meals ashore, alcoholic beverages, visa fees, laundry or dry cleaning, applicable corkage fees,or any item or service whatsoever of a personal nature, such as boutique purchases, medical charges incurred on board or ashore in connection with medical treatment, medical conditions, or medical disembarkation, spa services, salon services, for all of which separate charges may be imposed. Guests are prohibited from bringing most types of alcohol onboard our Yachts. However, guests may bring bottles of wine and champagne on board for personal consumption. When bottles are brought on board and served or consumed in any restaurant or public area, a corkage fee may be charged.

c. Additional occupancy over the published occupancy of the suite may be available on a limited basis in certain suite categories and may be subject to certain restrictions (including restrictions on age of the additional occupant(s)).

d. Under normal conditions the amount of the Voyage Fare is guaranteed at the time of Booking. However, the fare paid is determined far in advance of initial departure based on then-existing projections of fuel and other costs. Surcharges may be imposed in the event of any significant change in costs beyond Carrier’s control, including but not limited, increases in the price of fuel, currency fluctuations, increases in government taxes or levies or increased security costs. On becoming aware of the need to impose such surcharges, Carrier shall provide reasonable notice to all Guests prior to the Departure Date. Carrier has the right to refuse to transport Guests unless the additional surcharge is paid in advance of the Departure Date.

7. Non-Transferability.

a. The Ticket Contract is valid only for the Guest (or Guests) named on the Ticket Contract for the Voyage specified on the Guest’s (or Guests’) ticket and only the Guest or Guests named on the Ticket Contract will be allowed to embark on the Voyage. Unless permitted under regulations applicable in the United Kingdom or the European Union, or other applicable laws, the Ticket Contract may not be sold, assigned, or transferred. The terms and conditions of the Ticket Contract are binding on, and confer benefits to, the Guest. Guest represents and warrants that they are duly authorized by, and on behalf of, all Guests (including accompanying Minors) named on the Ticket Contract to agree to all the terms and conditions of the Ticket Contract and to bind all such Guests to such terms and conditions.

b. Notwithstanding paragraph (a) above, Carrier may permit (in its sole and absolute discretion) the substitution of booked Guests (although this may not always be possible). If Carrier permits a substitution of a booked Guest, such substitution will be treated as the cancellation of such Guest and the addition of a new “Guest” for a Booking. To the fullest extent permitted by applicable law, inside of thirty (30) days of the Departure Date any substitution of a Guest on the Booking may be considered a full suite cancellation and applicable cancellation fees will be assessed to the original Guests and the new Guests will be subject to the prevailing Voyage Fare.

8. Guest’s Responsibility, Documentation, and Requirements.

a. The Guest has a duty to follow the instructions and orders of the Captain and officers while onboard.

b. Guests are required to complete a “Guest Information Form” prior to the Departure Date. Guests may not be permitted to board the Yacht or embark on the Voyage or may be asked to disembark after boarding if complete information has not been provided. Carrier shall have no liability for any refund, payment, compensation, or credit of any kind if a Guest is disembarked or denied boarding due to an incomplete Guest Information Form. Included in the Guest Information Form is a request for contact information of family members or others in the event of an emergency, as Carrier must be able to reach each Guest’s emergency contact at any time of day. None of Carrier Entities nor any Indemnified Party shall be liable for any damages, losses, costs, expenses, or other claims, including without limitation claims for emotional distress, in the event Carrier is unable to reach an emergency contact for any reason, including the Guest’s failure to provide accurate contact information throughout the Voyage.

c. Guest is responsible for having received all medical inoculations necessary for the Voyage and having in their possession their ticket, which may be in electronic form, and all necessary or requested travel documents (which may include, but will not be limited to, valid government issued citizenship documentation). Guest must take all steps required to enable Guest to embark the Yacht, disembark the Yacht at any port of call, and to comply with the laws of the country in which each such port is situated.

d. It is Guest’s sole responsibility to determine what visas, health certificates, other travel documents and passport validity may be required for their specific itinerary, to obtain such required travel documents prior to commencing travel, and to present them upon embarkation onboard the Yacht. Guests lacking the required travel documents will be denied boarding and will not be entitled to a refund or compensation of any kind because of such denied boarding. In furtherance of the foregoing, Guests, regardless of their itinerary, are required to (i) provide passport information at the time of final Booking payment and (ii) present a physical copy of their fully valid undamaged passport at embarkation aboard the Yacht. Passports must have sufficient validity to the Voyage and be at least valid six (6) months from the date of trip completion. Certain countries, including the USA and Russia, require machine-readable and digital photo passports.

e. The U.S. government (and governments of other jurisdictions) place restrictions on the carriage of Guests whose names appear on government watch lists or who are deemed legally ineligible to travel. Carrier may cancel the Booking of any Guest who is or becomes ineligible to travel for any reason under applicable laws.

f. Carrier Entities and the Indemnified Parties will not in any circumstance be liable for the consequence of any insufficiency or irregularity in Guest’s travel documentation, the failure of Guest to have the appropriate travel documentation, or the noncompliance by Guest with any applicable laws relating to eligibility to travel or proper travel documentation.

g. Weapons, ammunition, explosives, flammable materials, and other substances that are hazardous or illegal (including any non-prescription controlled substances) in any of the jurisdictions on a Voyage itinerary, or any other item that in the opinion of the Captain is considered dangerous, are strictly prohibited aboard the Yacht. Any such items shall be surrendered to the Captain at embarkation and may be disposed of at the sole discretion of the Captain. Any liquid, perishable or other sensitive articles not suitably packed are transported at Guests’ own risk.

9. Use of Travel Agents or Sales Agents.

The Guest acknowledges and confirms that any agent utilized by that Guest in connection with the Booking or issuance of the Ticket Contract is, for all purposes, solely the Guest’s agent and is never the agent of the Carrier. Carrier Entities and Indemnified Parties shall not be liable for any representation made by said agent. Guest shall remain liable at all times to Carrier for the price of passage. An agent utilized by the Guest in accordance with this Section acts as agent of the Guest with authority to bind the Guest to this Ticket Contract (including the Booking Terms) and in making the arrangements for the Guest’s Voyage (including any related lodging) and any Shore Experiences. Carrier Entities and Indemnified Parties are not responsible for any representation or conduct made by the agent, including but not limited to, any failure to remit Guest’s deposit or other monies to Carrier, for which Guest shall at all times remain liable, or any failure to remit a refund from Carrier to Guest. Receipt by the agent of this Ticket Contract (or Booking Terms) or of any other communications, notices or information from Carrier shall constitute receipt of such materials by the Guest. Carrier Entities and Indemnified Parties are not responsible for the financial condition or integrity of any agent, but this does not affect any of the Guest’s statutory rights under applicable law and the Guest should refer to the terms and conditions of the agent for further information.

10. Required Boarding Time.

On the Departure Date (that is, the first day of the cruise when the Yacht leaves the port of origin), Guests must be on board the Yacht two (2) hours prior to the announced departure time to ensure attendance for mandatory safety drills and other briefings. The time at which Guests must reboard the Yacht when it stops at the various ports of call visited during the Voyage will be announced on the Yacht during the Voyage.

11. Baggage, Other Possessions, and Limitation of Liability.

a. Subject to paragraph (d) of this Section 11, Guests may bring a reasonable amount of clothing and personal effects on the Yacht without charge. Subject to applicable laws to the Voyage, any commercial goods must be declared and may be subject to an additional fee subject to local laws on customs duty or similar. All Baggage must be securely packed and clearly labeled with Guest’s full name, the name of the Yacht, the suite number of Guest, and the Departure Date of the Yacht and include the luggage tag provided by Carrier. Baggage must be kept in the Guest’s cabin, keeping the exit free of obstacles.

b. Guests may not bring on board the Yacht or shoreside facilities, or in connection with any Shore Experience, any illegal controlled substances, fireworks, live animals (except qualified service dogs), weapons, firearms, explosives or other hazardous materials, or any other items prohibited by applicable law or Carrier policy. Carrier does not undertake to carry and shall not be liable for loss or damage to any tools of trade, commercial items, household goods, fragile items, negotiable securities, documents, currency, precious metal items, jewelry and art or other valuables. Guest represents and warrants that Guest has brought no such items on board, and that no such item will be presented to Carrier within any Baggage, and hereby releases Carrier Entities and Indemnified Parties from any liability whatsoever for loss of or damage to such items when presented to Carrier in breach of this warranty. Use of the ship’s safe or any in-cabin safe is not a deposit with the Yacht. Any liability of the Company and the Carrier shall be subject to the applicable exclusions and deductibles per Guest as provided in the relevant statutes, laws, conventions or treaties and such sum shall be deducted from the loss or damage to luggage or other Property.

c. Guests shall neither pay nor receive any General Average Contribution with respect to Baggage or Property.

d. GUESTS AGREE THAT THEY ARE NOT BRINGING ABOARD THE YACHT, OR ACQUIRING DURING THE VOYAGE, ANY SINGLE PIECE OF PROPERTY HAVING A VALUE THAT EXCEEDS $1,000 USD, UNLESS, AT LEAST 30 DAYS PRIOR TO THE DEPARTURE DATE OR UPON ACQUISITION OF THE PROPERTY DURING THE VOYAGE, GUEST DECLARES THE TRUE VALUE OF SUCH PROPERTY IN WRITING TO CARRIER. CARRIER IS NOT LIABLE FOR LOSS OR DAMAGE TO ANY PROPERTY UNLESS DEPOSITED WITH THE YACHT’S PURSER FOR SAFEKEEPING OR OTHERWISE AS SET OUT IN THIS TICKET CONTRACT. GUESTS MUST PAY TO THE CARRIER A SUM EQUAL TO 5% OF THE DECLARED TRUE VALUE OF SUCH PROPERTY, UP TO A MAXIMUM OF $10,000 USD, TO DEPOSIT SUCH PROPERTY WITH THE CARRIER FOR SAFEKEEPING. CARRIER’S LIABILITY FOR ANY LOSS OF OR DAMAGE TO PROPERTY OF SUCH GUEST SHALL BE LIMITED TO THE LESSER OF (I) THE ACTUAL CASH VALUE OF SUCH PROPERTY, (II) THE TRUE VALUE DECLARED IN THE MANNER ABOVE, AND (III) THE LIMITS SET OUT IN THE ATHENS CONVENTION 1974 (AS AMENDED BY THE ATHENS PROTOCOL OF 2002 (THE “ATHENS CONVENTION”)) OR EUROPEAN UNION REGULATION 392/2009, AS APPLICABLE, SET FORTH BELOW. IN NO EVENT SHALL ANY CARRIER ENTITY, OTHER THAN CARRIER, OR ANY INDEMNIFIED PARTY HAVE ANY LIABILITY WITH RESPECT TO LOSS OF OR DAMAGE TO PROPERTY OF ANY GUEST.

e. If Carrier provides any Guest with an in-suite personal safe, such safe is provided for convenience only. Carrier makes no warranties or representations with respect to the security of such safe or the security of the contents that may be placed in such safe. Carrier’s maximum liability, if any, with respect to Carrier’s safekeeping of valuables or Guests’ use of in-suite personal safe is as set forth in this Section. In no event shall any Carrier Entity, other than Carrier, or any Indemnified Party have any liability with respect to Carrier’s safekeeping of valuables or Guests’ use of in-suite personal safes.

f. Carrier Entities and Indemnified Parties are not responsible for Baggage not properly labeled by Guest, lost while in custody of third-party stevedores or independent service providers on shore, or Property unattended in public lounges or other public areas, whether on board the Yacht or elsewhere. Guest shall be responsible for any cost incurred by Carrier in returning any lost Property to Guest.

g. Guests must claim and remove Baggage and other Property upon arrival of the Yacht at the port of Guest’s disembarkation. Any Baggage not promptly removed will be stored at Guest’s expense. Carrier shall have a lien on Baggage to satisfy any storage or other costs due from Guest to Carrier and may dispose of unclaimed Property after fifteen (15) days from the date of disembarkation.

h. Under the Athens Convention and EU Regulation 392/2009, Carrier’s delivery of Baggage to Guest in undamaged condition is presumed to have been completed unless the Guest gives written notice of (i) in relation to Cabin Luggage, any apparent damage before or at the time of disembarkation; (ii) for all other Baggage, before or at the time of delivery of Baggage; or (iii) within fifteen (15) days after disembarkation or delivery with respect to Baggage items not delivered or alleged to have suffered latent damage. Such written notice shall not be required where the condition of the Baggage has been inspected jointly by the Carrier and the Guest at the time of delivery. Liability of the Carrier for loss of or damage to Guest's Baggage shall not exceed (i) in respect of Cabin Luggage, 2,250 Special Drawing Rights (“SDR”) per Guest, per carriage; and (ii) in respect of all other Baggage, 3,375 SDR per Guest, per carriage. Where the Carrier Entities have any legal liability for loss of or damage to Property otherwise than in accordance with the Athens Convention, EU Regulation 392/2009 or any other applicable law or convention, then its liability for such Property shall not at any time exceed the limits set out in paragraph (d) of this Section 11. Notwithstanding the above, Carrier shall not at any time be liable for the loss of or damage to money, negotiable securities, gold, silverware, jewellery, ornaments, works of art, or other valuables, except where such items have been deposited with the Yacht’s purser for safekeeping under section 11 (d) above, in which case the limits of 3,375 SDR per Guest, per carriage shall apply.

i. A Guest and the Carrier or the Carrier Entities may only agree on higher liability limits than those described in paragraph (h) of this Section 11 if this is expressly agreed in writing prior to the Departure Date.

j. Carrier Entities are not responsible for Baggage while Guests are traveling aboard any third-party airline, rail or bus carrier, taxi, livery or ride-hailing service, even if a Carrier Entity assisted the Guest in Booking or calling such service. Guests are solely responsible for any Baggage-related charges imposed by such third parties.

12. Refusal of Booking or Reservation, Confinement and Disembarking of Guests.

a. Carrier reserves the right to refuse Booking or passage to any person or to cancel any Guest’s existing reservation for any reason allowed by applicable law. Any person(s) refused Booking or passage by Carrier, unless said cancellation is due to a Force Majeure Event (as defined below) in advance of the Departure Date will not be given a refund of the Voyage Fare payments received from Guest unless required by applicable law. Other than any liability of Carrier to provide refunds under this paragraph (a), and subject to applicable law and refund dates in the Booking Terms, the Carrier Entities and Indemnified Parties shall have no liability of any kind to Guest in connection with such refusal or cancellation.

b. The Carrier Entities, without any liability, including liability for refund, payment, compensation or credit, except as provided herein or by applicable law, may disembark or refuse to embark Guest, confine Guest, quarantine Guest, restrain Guest, change Guest’s accommodations, or disembark or evacuate Guest at any time, if, in the sole and reasonable opinion of Carrier, the Captain, or any physician, Guest is unfit to travel, might be excluded from landing at a destination by immigration or other governmental authorities, or the presence or behavior of Guest or any Minor or other person in Guest’s care during the Voyage is detrimental to the health, comfort, enjoyment or safety of any other person (including Guest or other Guests, the Yacht, or any of its crew or other persons aboard).

c. If Guest is refused passage or leaves the Yacht prior to the end of the Voyage for any of the reasons described in this Section 12 or for other reasons including, but not limited to, personal, medical, or business reasons, the Carrier Entities will not be liable or required to refund any portion of the Voyage Fare, nor shall the Carrier Entities be responsible for any payment, compensation or credit of any kind or for any of Guest’s costs (e.g., medical, travel, repatriation) except as required by applicable law. Guest will be responsible for any fines (including but not limited to any governmental fines), costs, fees, or damages for joining the Yacht during the Voyage after it has embarked from the initial port of call and/or leaving the Yacht prior to the end of the Voyage unless otherwise provided by applicable law.

d. If any Guest is detained on board or elsewhere or at destination because of quarantine, port regulations, prevailing applicable law, illness or other cause, all expenses incurred in connection with such detention shall be the responsibility of Guest. If Guest is carried beyond their scheduled port of disembarkation for any reason without fault of Carrier, then Guest shall pay Carrier an additional Voyage Fare for each extra night Guest remains on board the Yacht past the originally scheduled disembarkation port.

13. Fitness to Travel and Pregnancy.

a. Guest represents, warrants, and agrees that (i) Guest is physically, mentally, and otherwise fit to travel, (ii) Guest has received all medical inoculations necessary to travel and participate in the Voyage (including all activities Guest will partake in while on the Voyage), and (iii) Guest will at all times comply with the Yacht’s rules and regulations and orders and directions of the Yacht’s officers and medical staff.

b. Guests who have entered their twenty-fourth (24^th) week of pregnancy as of their Departure Date or who will enter their twenty-fourth (24^th) week of pregnancy during the Voyage will be refused passage due to safety concerns. Exceptions will not be made, and neither a physician's medical statement nor a waiver of liability will be accepted. In addition, none of Carrier Entities nor any Indemnified Party can be held responsible or liable for any complications relating to pregnancy at any stage. Guest acknowledges Carrier’s Yacht and various ports of call may not have facilities or capability to treat complications which may arise during or after pregnancy and will not be able to deliver and care for newborn children.

c. Guest acknowledges that participation in any wellness program offered on the Yacht or any Shore Experience is at Guest’s own risk. The Spa associates are not health care practitioners and cannot be expected to diagnose and treat individual health problems. Guests are responsible for discussing any questions or concerns they may have about their condition throughout any program or treatment at the Spa and, should any symptoms occur, Guests will inform Spa personnel of the symptoms and immediately cease participation. In the event Guest has reason to believe that medical clearance must be obtained prior to participation in or use of any Spa treatments, saunas, steam, whirlpools, pools, exercise programs or facility equipment, Guests agree to consult their physician and follow their physician’s recommendation prior to the commencement of any program or activity within the Spa. By choosing to participate in any Spa activities or programs, which includes fitness programs, Guests warrant, to the best of their knowledge, that they have no impairment or ailment that prevents them from engaging in such participation and understands that participation may denied at the discretion of the Spa associates should it be determined that Guest’s participation is inadvisable.

d. In participating in any Spa activities or programs Guest agrees that they are responsible for Guests’ and Minors’ (or other individuals not able to contract) own health and safety. Guest hereby releases and forever discharges, indemnifies, defends and holds harmless Carrier Entities and Indemnified Parties from any and all suits, claims, losses, liabilities, demands, promises, obligations, costs or expenses (including reasonable attorney’s fees), damages, actions and causes of action of any type or kind directly or indirectly arising out of or caused by Guest’s utilization of the Spa facilities, use of any wellness equipment or participation in any programs or activities offered by the Spa or Carrier.

14. Minors.

a. Carrier is unable to accommodate children under six (6) months of age. Guests must notify Carrier at the time of Booking but in no event later than sixty (60) days prior to final payment of any children between the ages of six (6) months and one (1) year who will be sailing on board the Yacht as they will require a signed and notarized acknowledgement of medical risk to sail. A Form can be obtained by contacting support@fourseasonsyachts.com. For Voyages that have three or more consecutive days at sea, children must be at least one (1) year of age as of the Departure Date.

b. Any Minor must (i) be identified to Company or Carrier at the time of Booking, (ii) at all times, be traveling with and accompanied by a Responsible Adult (and such Responsible Adult must be in the same suite), and (iii) will not be permitted ashore without being accompanied by a Responsible Adult.

c. The parent or guardian of any Minor not traveling with a parent or guardian must appoint a Responsible Adult to have custody and control over the Minor during the entire Voyage and to contract on their behalf in connection with the Voyage. A “Parental Consent Guardianship” Form can be obtained by contacting support@fourseasonsyachts.com. The form must be signed by a parent or legal guardian, notarized, and be received by Carrier at least thirty (30) days prior to the Departure Date by email to support@fourseasonsyachts.com.

d. Each Responsible Adult, or parent of, an embarked Minor, shall be jointly and severally liable to Carrier Entities and shall reimburse Carrier Entities for all losses, damage and/or costs sustained or incurred by the Carrier Entities caused directly or indirectly, in whole or in part, by reason of any act or omission of such Minor. The Responsible Adult shall defend, indemnify, and hold harmless Carrier Entities and Indemnified Parties from and against any and all liability (including reasonable legal fees) Carrier Entities and Indemnified Parties may incur or sustain to any person or entity (private or governmental) for any death, injury, damage, fine or penalty arising directly or indirectly, in whole or in part, by reason of any act or omission of the Responsible Adult or such Responsible Adult’s Minor.

e. Guest acknowledges and agrees that certain areas of the Yacht (or certain activities, services, or facilities on the Yacht) may be off limits entirely or subject to age or other eligibility requirements. Guest further agrees to abide by all age or other eligibility requirements applicable to such areas (or such activities, services, or facilities). There may be age restrictions applicable to activities on the Yacht and ashore, which are established for the safety and well-being of all Guests or imposed by third parties such as onboard spa services. Carrier and all independent contractors reserve the right to revise eligibility requirements for activities during the Voyage or ashore for safety or other lawful reasons from time to time, and with which each Guest agrees to comply.

15. Guests with Special Needs or Disabilities, or Food Allergies.

a. Carrier requests that Guests with disabilities or special needs who may require special accommodations during the Voyage including, but not limited to the use of a wheelchair or a qualified service animal, notify the Carrier (or the Company or Guest’s agent, as applicable) of any special needs at the time of Booking. Guests are requested to report any special need or request for accommodation to Carrier as soon as Guest becomes aware of it. Upon Booking the Voyage, Guests who have special needs are requested to contact Carrier’s special services department at support@fourseasonsyachts.com to discuss the details of their special needs. Guests are responsible to determine and discuss with Carrier in advance whether any medical device or equipment can be carried and used aboard the Yacht, and for delivery for loading aboard before embarkation. Unless prohibited by applicable law or regulations, personal portable oxygen tanks and oxygen concentrators may be used on board, provided that such devices comply with applicable law and regulations, and Carrier Special Services Department is notified at least thirty (30) days prior to sailing by emailing support@fourseasonsyachts.com. The Yacht and shore facilities at ports do not supply oxygen or other special supplies or medical needs, and availability locally may be limited in certain ports.

b. If any such special need or condition arises after Guests have booked a Voyage, Guests are requested to report it in writing to Carrier as soon as they become aware of it. Guests acknowledge and understand that certain international, foreign, or local safety requirements, standards, and/or applicable regulations involving design, construction or operation of the ship, docks, gangways, anchorages or other facilities on or off the Yacht may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs.

c. The provisions of European Union Regulation 1177/2010 on Passenger Rights when Travelling by Sea and Inland Waterways afford rights to Guests where (i) the Port of embarkation is in an EU Member State; or (ii) the Port of embarkation is outside of an EU Member State and the Port of disembarkation is inside an EU Member State, provided that the Carrier is established within the territory of an EU Member State (or otherwise offering a Voyage operated to or from the territory of an EU Member State). The regulation text is available at http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32010R1177.

d. If the Guest has any known allergies, or is intolerant to any food, they are required to inform the Carrier at the time of Booking (by duly filling out a specific form) and further to report such allergy or intolerance to the restaurant manager as soon as possible after boarding the Yacht and prior to consuming any food or beverage onboard. Carrier cannot guarantee a 100% allergy free zone, and Carrier Entities and Indemnified Parties are not liable in the event of a Guest’s exposure to any food or beverage item.

e. Guest is ultimately responsible to ensure they do not consume food or beverage items containing any ingredient to which they have an allergy or sensitivity. If in any doubt, Guest is advised to request an ingredient list for any food or drink item before consumption, and/or request to confer with the bartender, chef, or restaurant manager. The Carrier Entities and Indemnified Parties are not responsible for any illness, death, loss, or injury arising from exposure to such items if notice is not given pursuant to this Section.

EU rights only

f. The provisions of European Union Regulation 1177/2010 on Passenger Rights when Travelling by Sea and Inland Waterways afford rights to Guests in the scenarios described in (c) above (the “Passenger Rights Regulation”). Where the Passenger Rights Regulation is applicable, the following rights in paragraphs (g) to (k) shall apply to those Guests only:

g. Disabled Persons shall notify the Carrier (or where applicable, the Company) at the time of the Booking of their specific needs with regard to accommodation, seating or services required or their need to bring medical equipment, provided the need is known at that time. A Guest’s Booking confirmation shall include a confirmation of receipt of the notified assistance needs provided the notification is made in compliance with paragraph (h) of this Section 15 below.

h. A Disabled Person shall (i) provide the notification in paragraph (g) at least 48 hours prior to the Departure Date; and (ii) present themself at the port of embarkation, or any other agreed designated point, at the time stipulated in writing by the Carrier (or where applicable, the Company), which shall not be more than 60 minutes before the published embarkation time for the Voyage, or if no time is stipulated, no later than 60 minutes before the published embarkation time for the Voyage.

i. Following the notification in paragraph (h) of this Section 15, the Carrier shall, in cooperation with any port or port terminal operators and within its area of competence, provide assistance to a Disabled Person free of charge as specified in Annex I and Annex II of the Passenger Rights Regulation, such assistance to include embarkation, disembarkation and on board the Yacht.

j. Where no notification has been made in accordance with paragraph (h) of this Section 15, the Carrier shall nonetheless make all reasonable efforts to ensure that a Disabled Person is provided with the necessary assistance to be able to embark, disembark and travel on the Yacht.

k. The Carrier shall be liable for loss of or damage to mobility equipment or other specific equipment used by a Disabled Person, if the incident which caused the loss was (i) due to the fault or neglect of the Carrier; or (ii) a Shipping Incident. Liability for such loss shall be limited to the lesser of (x) the replacement value of the equipment concerned; or (y) costs relating to repairs of such equipment. If required, the Carrier shall provide temporary replacement equipment. This paragraph (k) of this Section 15 shall not apply where EU Regulation 392/2009 applies.

16. Animals.

a. Except for “qualified service animals,” no pets or animals are permitted on board the Yacht. Carrier will not acknowledge any pets or animals as “qualified service animals” except for a dog that is trained to do work or perform tasks for an individual with a disability or, in the case of Guests falling under paragraph (k) of Section 15 above, Disabled Persons. Emotional support pets or animals will not be considered qualified service animals and will not be permitted on the Yacht. If a qualified service animal is permitted, the Guest will be solely responsible and liable for all damage and loss caused by such qualified service animal.

b. Many ports have strict entry requirements for animals, including veterinarian’s certificates and proof of vaccinations. Guests must ensure that their qualified service animals comply with all requirements of each destination. Carrier Entities and Indemnified Parties are not responsible for Guest’s inability to embark the Yacht or go ashore or visit a port due to Guest’s failure to comply with any such entry requirements. Guest agrees that personnel on the Yacht are not responsible for the care and feeding of any qualified service animals. Guest must provide written notification to Carrier of its qualified service animal at least thirty (30) days prior to the Departure Date by emailing Carrier at support@fourseasonsyachts.com.

17. Cancellations, Deviations, and Substitution by Carrier Of Itineraries and Ports.

a. Carrier may, for any reason and without prior notice, whether or not a deposit has been received and whether or not the Voyage has already begun, and without any liability whatsoever to Guest: (i) cancel the Voyage, (ii) deviate from the scheduled ports of call, route and/or timetable at sole discretion of Carrier, due to lack of pilots or tugs, or loading and discharging of fuel, laborers stowaways, Guests, or crew, or for any other reasons, (iii) call, omit to call, or advance or delay landing at any port or place or cancel or modify any activity on or off the Yacht, (iv) evacuate passengers for safety or take any action necessary to comply with all governmental laws and orders given by governmental authorities, (v) render assistance to preserve life and Property, (vi) change the date or time of sailing or arrival, (vii) change the port of embarkation or disembarkation, shorten or lengthen the Voyage or substitute ships, aircraft or other transportation or lodging, and (viii) proceed without pilot or tow.

b. Risks inherent to being aboard the Yacht, and other means of transportation, include marine risks, weather, sea conditions, having to evacuate the Yacht or other means of transportation in case of emergency, having to move about on the Yacht, rigid inflatable boats or tenders during rough seas and lack of access to full medical services, medications and supplies. For people who are ill or who have a mental or physical disability or impairment, these risks are more significant. Access to all parts of the Yacht, other means of transportation or to facilities on shore may be difficult or impossible for some Guests. In addition, medical evacuations during the Voyage, whether at sea, by tender, or by deviating from the scheduled itinerary, may create an increased risk of harm and may not be feasible for a variety of reasons. Carrier reserves the right to determine, in its sole discretion, whether and when a medical evacuation from the Yacht will occur or may be required.

c. The Guest releases the Carrier Entities and Indemnified Parties from any loss, damage, delay, or injury arising from, or as a result of, or actions in the Carrier’s or Captain’s judgment necessitated by or by the threat of, war, acts of terrorists, labor strikes, riots or civil unrest, cyber-attack, industrial action, explosion, marine risks, adverse weather, fire, ice, natural or nuclear disaster, health risks, epidemics, pandemics or illnesses or outbreaks or public health emergency or other impactful prevalence of disease, acts of God, inability to procure fuel or supplies, acts of state (which include government orders and restraints), quarantines, failure of contractor or subcontractor to perform, theft, latent defects, accident to or from machinery or mechanical difficulties, seizure of Yacht by legal process, and/or any other acts as determined by Carrier to be beyond the Carrier’s reasonable control (all such acts and circumstances “Force Majeure Events”).

d. Under the circumstances set forth above in the preceding paragraphs of this Section, the Voyage may be altered, shortened, lengthened, cancelled in whole or in part, without Carrier being liable to Guest for a refund. Yacht may be substituted for any other vessel or means of transportation regardless of owner, or a pro rata refund of fare with no further liability for damages or losses or any kind.

e. Guests must ultimately assume responsibility for their activities while ashore and for their travel choices. The U.S. Department of State and other 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. Carrier recommends that Guests and their travel professionals obtain and consider such information when making travel decisions.

f. Guest, in the interests of international security and safety at sea and in the interests of the convenience of others, agrees and hereby consents to a reasonable search being made of Guest's person, Baggage, Property, and suite, and to the removal and confiscation or destruction of any object which may, in the opinion of Carrier or the Captain, impair safety, cause inconvenience, annoyance or nuisance to others, or violate Carrier’s rules and regulations.

EU rights only

g. Where the Passenger Rights Regulation is applicable, the following rights in paragraphs (h) to (k) of this Section 17 shall apply to those Guests only:

Rights in the event of cancellation or delay

h. In the case of a cancellation or a delay to the departure of the Yacht at the port of embarkation, Guests shall be informed by the Carrier as soon as possible and no later than 30 minutes after the scheduled time of departure of such cancellation or delay, and the estimated departure time and arrival time as soon as that information is available.

i. Where, in the Carrier’s reasonable expectation, the departure of the Yacht from the port of embarkation shall be cancelled or delayed for more than 90 minutes beyond the scheduled time of departure:

i. Guests shall be offered snacks, meals or refreshments reasonable in the Carrier’s discretion to the waiting time and subject to their availability;

ii. where such cancellation or delay to the departure of a Yacht from the port of embarkation requires a Guest to stay in accommodation for one or more nights, or a stay additional to that intended by a Guest becomes necessary, the Carrier shall offer Guests (i) adequate accommodation on the Yacht or onshore; (ii) transport to and from the port terminal and place of accommodation; and (iii) snacks, meals and refreshments, free of charge. For each Guest, the Carrier may limit the total cost of the accommodation onshore to EUR 80 per night for the first three nights. Such limitation shall exclude transport to and from the port terminal and place of accommodation; and

iii. Guests shall be offered the choice between (i) re-routing to the final destination for the Voyage covered by this Ticket Contract, under comparable conditions, at the earliest opportunity and at no additional cost; or (ii) reimbursement of the Voyage Fare and, where applicable in relation to the Voyage covered by this Ticket Contract, a return service free of charge to the first point of departure in the Voyage, at the earliest opportunity.

j. Where the departure of the Yacht from the port of embarkation is cancelled or delayed for more than 90 minutes beyond the scheduled time of departure, Guests have the rights described in paragraph (i)(iii) above. Any reimbursement shall be paid to a Guest within 7 days and shall cover the part or parts of the Voyage not made, and the part or parts already made where the journey no longer serves any purpose in relation to the Guest’s original travel plan. Where the Guest agrees, full reimbursement may also be paid in the form of vouchers and/or other services in an amount equivalent to the Voyage Fare, which shall be issued on terms and conditions agreed between the Guest and the Carrier.

Right to compensation

k. Where Guests are delayed in arriving at the final destination as specified in their Ticket Contract for the Voyage, they may also request compensation from the Carrier which may be between 25% and 50% of the Voyage Fare, subject to the length of delay, the length of the scheduled journey(s) within the Voyage and whether the affected journey is a return journey. Such compensation shall be paid to Guests within 1 month after written submission of a request for compensation to support@fourseasonsyachts.com . Where the Guest agrees, compensation may also be paid in the form of vouchers and/or other services in an amount equivalent to the level of compensation, which shall be issued on terms and conditions agreed between the Guest and the Carrier.

Exemptions

l. Paragraphs (i)(i), (i)(ii) and (k) of this Section 17 shall not apply to Guests where they are informed of the cancellation or delay before entering into this Ticket Contract.

m. Paragraph (i)(ii) of this Section 17 shall not apply to Guests where the Carrier is able to prove that the cancellation or delay is caused by weather conditions that, in the sole and reasonable discretion of the Captain, endanger the safe operation of the Yacht.

n. Paragraph (k) of this Section 17 shall not apply to Guests where (i) the Carrier is able to prove that the cancellation or delay is caused by weather conditions that, in the sole and reasonable discretion of the Captain, endanger the safe operation of the Yacht; or (ii) other extraordinary circumstances take place which hinder the performance of the Voyage and which could not have been avoided even if all reasonable measures had been taken by the Carrier.

18. COVID-19.

a. GUEST IS ENCOURAGED TO DISCUSS THE ADVISABILITY OF TRAVEL WITH GUEST’S PHYSICIAN AND TO REVIEW THE U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION (“CDC”) WEBSITE FOR UPDATED INFORMATION, OR OTHERWISE AN APPROPRIATE GOVERNMENT OR HEALTH AUTHORITY’S WEBSITE IN THE GUEST’S JURISDICTION. THE CDC HAS IDENTIFIED INDIVIDUALS WITH UNDERLYING MEDICAL CONDITIONS, REGARDLESS OF AGE, WHO ARE, OR MAY BE AT INCREASED RISK OF SEVERE ILLNESS FROM THE VIRUS THAT CAUSES COVID-19. AMONG ADULTS, THE RISK FOR SEVERE ILLNESS FROM COVID-19 INCREASES WITH ADVANCING AGE, HEALTH CONDITION AND ANY IMPAIRMENT TO THE GUEST’S IMMUNE SYSTEM. GUEST ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT WHILE ABOARD THE YACHT, IN BOARDING AREAS, OR DURING ACTIVITIES ASHORE AND/ OR WHILE TRAVELING TO OR FROM THE YACHT, GUEST OR OTHER GUESTS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19, RSV, INFLUENZA, COLDS AND NOROVIRUS. GUEST FURTHER UNDERSTANDS AND ACCEPTS THAT DUE TO THE NATURE OF SPREAD OF COVID-19, THE RISK OF EXPOSURES TO THESE COMMUNICABLE ILLNESSES AND OTHERS IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, ARE BEYOND CARRIER’S CONTROL AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. GUEST KNOWINGLY AND VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS TICKET CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.

b. Carrier has adopted specific COVID-19 protocols based on guidance from international, national, and regional health authorities. Guest acknowledges and agrees that Carrier’s COVID-19 protocols may change from time to time. GUEST EXPRESSLY AGREES TO COMPLY WITH THE COVID-19 GUEST PROTOCOLS AS THEY ARE DESCRIBED HEREIN, AT ALL TIMES INCLUDING PRE-EMBARKATION, WHILE ON BOARD, DURING PORT CALLS AND SHORE EXPERIENCES AND/OR FINAL DISEMBARKATION.

c. Guest acknowledges that Carrier’s COVID-19 protocols may include (but are not limited to): (i) completion of an accurate, truthful, and complete health questionnaire in a form and containing any health or travel-related questions as determined by Carrier in its sole discretion based on advice from cognizant government or health authorities or medical experts for each Guest prior to boarding, (ii) pre-embarkation and/or periodic testing and temperature checks of each Guest followed by a period of isolation until test results are available, (iii) modified capacity rules for activities which may limit or eliminate the ability of Guest to participate in particular activities, (iv) mandatory use by each Guest (except for children under the age of two (2) years) of face masks in most locations outside of the Guest’s suite while on board, during embarkation, disembarkation and Shore Experiences, (v) mandatory physical distancing of Guests outside of their traveling party (family and/or immediate travel group) at any/all times while on board and during embarkation, disembarkation, and Shore Experiences, (vi) mandatory hand-sanitizing by Guests upon entry or exit of any public areas, (vii) confinement of Guests to suites, quarantine or emergency disembarkation of Guest if, in Carrier sole discretion, such steps are necessary to prevent or slow the spread of COVID-19, (viii) the required completion by Guest in a timely manner of any written authorizations or consent forms required for Carrier to carry out its COVID-19 Protocols (including but not limited to medical information, medical privacy, or personal data privacy consent forms), (ix) vaccination of Guests with documentary proof satisfactory to Carrier, according to the criteria set forth in the COVID-19 protocols in effect at the time of departure, and (x) use of thermographs aboard the Yacht and other policies and procedures deemed by Carrier in its sole discretion to be necessary to reduce the risk of spread of COVID-19.

d. Notwithstanding any other provision contained herein, any non-compliance by Guest or members of Guest’s traveling party with Carrier’s COVID-19 protocols or this Ticket Contract shall be grounds for refusal to board, refusal to re-board after going ashore, quarantine on board the Yacht, disembarkation, reporting to governmental or health authorities (who may test or detain Guest or take other actions), or other steps deemed necessary in Carrier’s sole discretion under the circumstances to protect the health and well-being of others. Under these circumstances, Guest shall not be entitled to a refund or compensation of any kind. Guest will be responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to the port of embarkation. Under no circumstances shall any Carrier Entity or Indemnified Party be liable for any damages or expenses whatsoever incurred by any Guest as a result of such denial of boarding, refusal to re-board, quarantine, disembarkation, or other steps taken by the Carrier Entities.

e. Guest further understands and agrees that if, after boarding, and even if Guest has fully complied with all COVID-19 protocols, such Guest tests positive for COVID-19 or exhibits signs or symptoms of COVID-19, Carrier may disembark, refuse re-boarding after a Shore Experience, or quarantine Guest as well as members of Guest’s travelling party, or take other steps which Carrier determines, in its sole discretion, are necessary under the circumstances to protect the health and well-being of others. Under no circumstances shall any Carrier Entity or Indemnified Party be liable to any such Guest for any costs, damages or expenses whatsoever incurred by any Guest.

19. Alcohol, Smoking, Solicitation, and Disruptive Behavior.

a. No alcohol or drugs may be brought onboard the Yacht except as permitted by Section 6(b) of this Ticket Contract and for medication with a valid physician’s prescription, and only medications that are lawful in all jurisdictions on the itinerary are permitted. Marijuana, including medical marijuana with a valid physician’s prescription, is strictly prohibited onboard, in shoreside facilities, on Shore Experiences and at private destinations.

b. The minimum age for alcohol on board the Yacht varies by itinerary and jurisdiction. Each Guest agrees to abide by the alcohol age restrictions in place on the Yacht during Guest’s Voyage. Guest agrees not to attempt to provide or consume alcoholic beverages in violation of this policy or in violation of any applicable laws, either for themselves or others. Guest agrees to consume alcoholic beverages only in moderation. Carrier reserves the right to refuse alcoholic beverages to any Guest. Carrier reserves the right to prohibit and retain all alcoholic beverages brought aboard the Yacht, unless brought on board as part of Carrier’s wine program. Guests are responsible to avoid consumption of alcohol in any manner or extent that may impair their judgment or physical coordination.

c. For Voyages which depart from, arrive at, or touch any port in the State of Florida, Carrier Entities shall have the benefit of Florida Statutes 768.125 which limits the circumstances under which a person or entity shall have liability for service of alcohol.

d. For the safety, comfort and well-being of our Guests, the Yacht is designated as non-smoking including e-cigarettes, except for such space(s) as may be designated as a smoking area. Guest acknowledges that (i) any and all forms of smoking are strictly prohibited at any time in suites, on suite balconies, and anywhere else onboard not specifically designated as a smoking area, (ii) any violation of this policy would also cause Carrier to incur damages, including, but not limited to, loss of Guest goodwill, revenue, cleaning, and maintenance, (iii) Carrier may assess fines against Guest for violations of this policy, and (iv) in the Captain’s sole discretion, Captain may disembark the Guest without refund for violation of this policy. Smoking includes, but is not limited to, cigarettes, cigars, pipes, vaporizers, and electronic cigarettes.

e. Guest shall not solicit any other person on board the Yacht for any purpose (including, but not limited to, the sale of any good or service).

20. Indemnification by Guests.

a. Guest agrees to, and shall, indemnify, defend, and hold harmless Carrier Entities and Indemnified Parties for all claims, liabilities, penalties, fines, charges, damages, losses (including but not limited to any direct, indirect or consequential losses), or expenses (including but not limited to legal costs) incurred, sustained, or otherwise imposed upon Carrier Entities or Indemnified Parties as a result of any act or omission or willful misconduct of Guest or for anyone whom Guest is responsible (including any violation of law by Guest or by anyone for whom Guest is responsible, Property damage caused by the negligent act or omission or willful misconduct of Guest or by anyone for whom Guest is responsible, any personal injury caused by the negligent act or omission of Guest or by anyone for whom Guest is responsible, or unlawful embarkation or disembarkation by Guest at any port or point other than as scheduled in the Ticket Contract).

b. Guest shall be responsible to Carrier Entities for, and shall indemnify Carrier Entities and each Indemnified Party against, any and all damage to the Yacht, breakage of any fixtures, furniture or equipment on the Yacht, property of on-board concessionaires, the rigid inflatable boats, water sports or marine terminal equipment, and any other losses or expenses which Carrier Entities may incur arising out of Guest’s presence on board or any conduct or activity undertaken by a Responsible Adult or by any Minor for whom the Responsible Adult is responsible.

21. Insurance.

a. Carrier strongly recommends that every Guest should have an adequate travel insurance policy which covers them sufficiently for Voyage cancellation, medical assistance and expenses, loss and/or damage of the Baggage. For the avoidance of doubt, the Guest’s purchase of the Voyage does not include any insurance.

b. Guests are advised to check their available coverage as many domestic health insurance plans do not cover medical expenses or medical evacuation charges outside of the Guest’s home country.

22. Shore Experiences, Arrangements for Guests, Independent Contractors, and Disclaimer of Liability.

a. All Shore Experiences are subject to change or cancellation without prior notice in accordance with the terms and conditions of the third-party provider of such Shore Experiences. Descriptions, schedules, and excursion lengths are all based on approximate times and pre-determined points of interest. Changes may be unavoidable and can be made at Carrier’s sole discretion (where relating to circumstances that affect or concern the Voyage or the Guests) or the tour operator’s sole discretion. Shore Experiences may be canceled or modified by Carrier or the tour operator, without liability to Carrier Entities or Indemnified Parties(including, but not limited to, if the minimum number of Guests needed to participate has not been met).

b. The Carrier shall in no event be liable to the Guest in respect of any occurrence ashore, prior to leaving or after returning to the Yacht, except for negligence of the Carrier or its employees acting within the course and scope of employment during transportation by water to or from the Yacht which is carried out by means of a conveyance provided by the Carrier. This exclusion of liability includes incidents occurring during Shore Experiences, or tendering operations not owned, operated, or controlled by the Carrier. Except to the extent of any liability of Carrier as contemplated in this Section 22(b), in no event shall any other Carrier Entity or any Indemnified Party have any liability with respect to any occurrence ashore, prior to leaving or after returning to the Yacht.

c. All arrangements made for or by Guest, whether before, during, or after the Voyage, for Shore Experiences or any other similar attractions or activities or services, whether booked by Guest directly or through any Carrier Entities are made solely for Guest’s convenience, as agent for Guest, and are at Guest’s risk. All such arrangements may be subject to additional and/or third-party terms and conditions between the providers of such activities or services (and/or Carrier, if applicable) and Guest and Guest agrees that Guest will be subject to such third-party terms and conditions including in relation to cancellation, refunds and right of withdrawal. The providers of such activities and services may be independent contractors and any such independent contractors are not acting as agents or representatives of any Carrier Entity, and Carrier Entities act as agent for the Guest in making any such Bookings for convenience of the Guest. The identity of the providers of such activities and services is available upon request.

d. The Carrier Entities do not supervise or control any activities or services set forth in paragraph (c) above (even if any Carrier Entity collects a fee or earns a profit by arranging or selling such activities or services). NONE OF THE CARRIER ENTITIES NOR ANY INDEMNIFIED PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING SUCH ACTIVITIES OR SERVICES (INCLUDING WITH RESPECT TO THE MERCHANTABILITY, SAFETY OR SUITABILITY OF SUCH ACTIVITIES OR SERVICES). ANY GUEST BY USING OR PARTICIPATING IN SUCH ACTIVITIES OR SERVICES AGREES AND CONSENTS THAT ANY LIABILITY FOR DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY TO GUEST OR LOSS OF OR DAMAGE TO PROPERTY ARISING OUT OF SUCH ACTIVITIES OR SERVICES SHALL BE THE SOLE RESPONSIBILITY OF THE PROVIDER OF SUCH ACTIVITIES OR SERVICES. GUEST FURTHER AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CARRIER ENTITIES AND INDEMNIFIED PARTIES FROM ALL CLAIMS, LIABILITIES, PENALTIES, FINES, CHARGES, DAMAGES, LOSSES, LEGAL FEES, AND COSTS (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES) ARISING FROM, WHICH RELATE TO, OR ARE A CONSEQUENCE OF THE USE OF OR PARTICIPATION IN ANY SUCH ACTIVITIES OR SERVICES. GUEST ALSO AGREES THAT THE CARRIER ENTITIES AND INDEMNIFIED PARTIES SHALL NOT BE OR BECOME LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY ACT OR OMISSION OF ANY SUCH PROVIDER PERTAINING TO, OR ARISING FROM OR IN CONNECTION WITH, SUCH SERVICES OR ACTIVITIES. IN FURTHERANCE OF THE FOREGOING, GUEST ACKNOWLEDGES AND AGREES THAT ALL DISCLAIMERS, LIMITATIONS OF LIABILITY, AND RELEASES AND INDEMNITY BY GUEST SET FORTH IN THIS PARAGRAPH SHALL APPLY WITH RESPECT TO GROUND TRANSPORTATION, AND CARRIER ENTITIES AND INDEMNIFIED PARTIES SHALL HAVE NO LIABILITY FOR, AMONG OTHER THINGS, REFUNDS, ACCIDENTS, OVERBOOKINGS, OR COMPUTER FAILURES).

e. Guest acknowledges and agrees that all onboard concessionaires and their employees are independent contractors and work directly for Guest when performing their services. To the fullest extent permitted by applicable law, the Carrier Entities and Indemnified Parties are not responsible for such person’s acts or omissions in providing such services to Guest. All concessionaires and independent contractors working onboard the Yacht or providing goods or services to Guests in relation to the Voyage, shall have the full benefit of all provisions in this Ticket Contract relating to the limitation of liability.

f. Independent contractor concessionaires shall be entitled to charge for any products sold, services rendered, or transportation provided to Guest either directly, or as a convenience to Guest, through the Carrier Entities (and the Carrier Entities may impose a charge or earn a fee). Separate terms and conditions, rules and/or cancellation policies of the independent contractors will apply for such products, services, and transportation, in addition to Carrier’s rules.

23. No Liability for Medical Treatment.

a. GUEST RECOGNIZES AND ACCEPTS THAT CARRIER ENTITIES ARE NOT IN THE BUSINESS OF PROVIDING MEDICAL SERVICES OR OPERATING MEDICAL FACILITIES. ANY MEDICAL PERSONNEL ON BOARD THE YACHT ARE PROVIDED AS INDEPENDENT CONTRACTORS SOLELY FOR THE CONVENIENCE OF GUEST AND THEY ARE NOT SERVANTS, AGENTS, OR REPRESENTATIVES OF ANY CARRIER ENTITY. THE CARRIER ENTITIES DO NOT CONTROL THE MEDICAL SERVICES AND DO NOT UNDERTAKE TO SUPERVISE ANY CARE OR TREATMENT PROVIDED BY MEDICAL PROFESSIONALS ABOARD THE YACHT. ALTHOUGH CARRIER SHALL BE ENTITLED TO CHARGE A FEE FOR ARRANGING SUCH MEDICAL SERVICES, ALL SUCH PERSONS OR ENTITIES PROVIDING MEDICAL SERVICES SHALL BE DEEMED INDEPENDENT CONTRACTORS AND NOT ACTING AS EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY CARRIER ENTITY. NO CARRIER ENTITY MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO THE QUALITY OF MEDICAL SERVICES. NO CARRIER ENTITY OR INDEMNIFIED PARTY SHALL BE LIABLE FOR ANY DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY CAUSED BY REASON OF ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE PROVIDED BY MEDICAL PERSONNEL, OR BY THE FAILURE OF SUCH MEDICAL PERSONNEL TO PROVIDE ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE.

b. The onboard medical center is equipped to provide first aid and treatment of minor conditions onboard and the Guest hereby acknowledges and accepts that the medical center is not equipped as a land-based hospital and the physician is not a specialist. Guest hereby consents to treatment by the Yacht’s physician or other medical personnel, if any, or by a physician designated by Carrier, if, subsequent to the Departure Date, Guest is unable to request or authorize such treatment and in the opinion of the Yacht’s physician, or any Yacht officer in the physician’s absence, needs medical attention.

c. In the event of illness or accident, Guests may have to be landed ashore by the Carrier and/or the Captain for medical treatment. Carrier Entities and Indemnified Parties do not make any representation or accept any responsibility regarding the quality of the available medical facilities or treatments at any port of call or at the place at which the Guest is landed. Medical facilities and standards vary from port to port. Carrier Entities and Indemnified Parties do not make any representations or warranties in relation to the standard of medical treatment ashore.

d. Guest shall be charged for medical services and for medications and supplies used for medical treatment of Guest, Minors and other persons for which Guest assumes responsibility. Guest shall also be responsible for the payment of any medical expenses and other expenses of Guest and such persons for which Guest assumes responsibility in connection with medical disembarkation, evacuation and medical conditions incurred ashore.

e. Guests are strongly recommended to have comprehensive travel health insurance covering medical treatment and repatriation costs and expenses.

24. Time Limits and Notice Requirements for Claims.

a. THERE ARE STRICT TIME LIMITS FOR GIVING NOTICE OF LEGAL CLAIMS AND FOR INITIATING LEGAL ACTION (FILING SUIT) AGAINST THE CARRIER CONTAINED IN THIS TICKET CONTRACT. NO CARRIER ENTITY SHALL BE LIABLE FOR ANY CLAIM, AND NO CLAIM MAY BE BROUGHT OR MAINTAINABLE AGAINST ANY CARRIER ENTITY, RELATING TO DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF A GUEST, OTHER THAN CARRIER AND, IN RESPECT OF CARRIER, ONLY IF WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS IS DELIVERED TO CARRIER AT ITS OFFICE AT THE ADDRESS SET FORTH HEREIN WITHIN SIX (6) MONTHS FROM THE DAY THAT THE EVENT THAT CAUSED SUCH DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF GUEST OCCURRED, UNLESS APPLICABLE LAW PROVIDES FOR A LONGER PERIOD. IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST ANY CARRIER ENTITY WITH RESPECT TO DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH BE BROUGHT, UNLESS SUIT IS FILED WITHIN ONE (1) YEAR FROM THE DAY THAT THE EVENT THAT CAUSED THE DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF GUEST OCCURRED, AND PROCESS IS SERVED WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER SUIT IS FILED, UNLESS A LONGER PERIOD IS PERMITTED BY APPLICABLE LAW.

b. EXCEPT AS OTHERWISE PROVIDED IN THIS TICKET CONTRACT AND APPLICABLE LAW OR CONVENTIONS, NO CARRIER ENTITY SHALL BE LIABLE FOR ANY CLAIM, AND NO CLAIM MAY BE BROUGHT OR MAINTAINABLE AGAINST ANY CARRIER ENTITY, RELATING TO LOSS OF OR DAMAGE TO LUGGAGE OR ANY PROPERTY OTHER THAN CARRIER AND, IN RESPECT OF CARRIER, ONLY IF WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, IS DELIVERED TO CARRIER AT ITS OFFICE AT THE ADDRESS SET FORTH BELOW WITHIN THIRTY (30) DAYS AFTER GUEST HAS LANDED FROM THE VOYAGE (OR IF THE VOYAGE IS ABANDONED OR TERMINATED, WITHIN THIRTY (30) DAYS FOLLOWING SUCH ABANDONMENT OR TERMINATION). IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST ANY CARRIER ENTITY OR INDEMNIFIED PARTY WITH RESPECT TO LOSS OF OR DAMAGE TO PROPERTY BE MAINTAINABLE UNLESS SUIT IS FILED WITHIN ONE (1) YEAR AFTER THE GUEST HAS LANDED FROM THE VOYAGE (OR IF THE VOYAGE IS ABANDONED OR TERMINATED, WITH NOTICE WITHIN SIX (6) MONTHS FOLLOWING SUCH ABANDONMENT OR TERMINATION), AND PROCESS SERVED IS WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER THE SUIT IS FILED.

c. THESE LIMITATIONS SET FORTH IN PARAGRAPH (A) AND (B) ABOVE SHALL APPLY TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY, POSSESSION OR COUNTRY TO THE CONTRARY, AND GUEST EXPRESSLY WAIVES ALL OTHER POTENTIALLY APPLICABLE STATE OR FEDERAL LIMITATION PERIODS

d. For Voyages falling under the Passenger Rights Regulation, complaints concerning accessibility, cancellation or delays must be made to the Carrier, in writing using the process set out in Section 39, within two (2) months from the date the Voyage ended. The Carrier shall respond within one (1) month to advise whether the complaint is substantiated, has been rejected or is still being considered. A final reply shall be provided within two (2) months. The Guest shall provide such further information as may be required by the Carrier to deal with the complaint. If the Guest is not satisfied with the response, then it may complain to the relevant enforcement body in the country of embarkation.

25. Limitations on Types and Amounts of Liability.

a. Nothing contained in this Ticket Contract (including the Booking Terms) shall limit or deprive a Carrier Entity or Indemnified Party of the benefit of any applicable statutes or laws of the United States of America or any other country, or any international convention, providing for release from, or limitation of, liability. In the event multiple statutes, laws or conventions may apply, Carrier Entities and Indemnified Parties shall be entitled to any or all such limitations unless there is a conflict between such statutes, laws, or conventions, in which case Carrier Entities and Indemnified Parties shall be entitled to invoke the limitation which provides the most favorable limitation to Carrier Entities and Indemnified Parties.

b. IF GUEST IS ABLE TO STATE A CAUSE OF ACTION UNDER THE LAW GOVERNING ANY CLAIM WHICH MAY BE ASSERTED AGAINST ANY CARRIER ENTITY, INDEMNIFIED PARTY, AND/OR THE YACHT FOR NEGLIGENCE OR INTENTIONAL TORT OR BOTH, THE CARRIER ENTITIES, INDEMNIFIED PARTIES, AND THE YACHT SHALL NOT BE LIABLE FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF GUEST, OF ANY KIND UNDER ANY CIRCUMSTANCES, UNLESS SUCH EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WAS: (I) THE RESULT OF PHYSICAL INJURY TO GUEST CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OF THE YACHT OR CARRIER, CARRIER’S AGENT, CAPTAIN, OWNER, OR A THIRD-PARTY OPERATOR OF THE YACHT, (II) THE RESULT OF GUEST HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, AND SUCH RISK WAS CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER, CARRIER’S AGENT, CAPTAIN, OWNER, OR OPERATOR OF THE YACHT; OR (III) INTENTIONALLY INFLICTED BY A CREWMEMBER OR, CARRIER’S AGENT, CAPTAIN, OWNER, OR OPERATOR OF THE YACHT.

c. ON VOYAGES WHICH ARE BOOKED BY A GUEST IN A EUROPEAN UNION MEMBER STATE, OR WHICH EMBARK OR DISEMBARK IN A PORT LOCATED IN A EUROPEAN UNION MEMBER STATE, CARRIER, CARRIER ENTITIES AND INDEMNIFIED PARTIES SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN EUROPEAN UNION REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS (“EU REGULATION 392/2009”), AS FOLLOWS: (A) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A SHIPPING INCIDENT, A PASSENGER HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 250,000 SDR (APPROXIMATELY US$334,640) IN ANY EVENT, WITH THE EXCEPTION OF CIRCUMSTANCES BEYOND CARRIER’S CONTROL (I.E., ACT OF WAR, NATURAL DISASTER, ACT OR OMISSION OF A THIRD PARTY), AS MORE FULLY LISTED IN EU REGULATION 392/2009; HOWEVER, COMPENSATION PAID BY CARRIER CAN GO UP TO 400,000 SDR (APPROXIMATELY US$535,424) UNLESS CARRIER PROVES THAT THE INCIDENT OCCURRED WITHOUT ITS FAULT OR NEGLECT; (B) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A NON SHIPPING INCIDENT, A PASSENGER HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 400,000 SDR (APPROXIMATELY US$535,424), IF THE PASSENGER PROVES THAT THE INCIDENT WAS THE RESULT OF CARRIER’S FAULT OR NEGLECT. THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ON THE INTERNET HERE.

d. FOR ALL VOYAGES WHERE THE VOYAGE ITINERARY IS NOT A USA VOYAGE OR VOYAGE FALLING WITHIN EU REGULATION 392/2009, OR WHERE THE VOYAGE IS NOT “INTERNATIONAL CARRIAGE” AS DEFINED IN ARTICLE 2 OF EU REGULATION 392/2009, OR WHERE THE VESSEL IS BEING USED AS A FLOATING ACCOMMODATION, CARRIER ENTITIES’ AND INDEMNIFIED PARTIES’ LIABILITY SHALL BE LIMITED BY THE PROVISIONS OF THE ATHENS CONVENTION AND THE LIMITS THEREIN WILL APPLY AND ARE HEREBY EXPRESSLY INCORPORATED INTO THIS TICKET CONTRACT INCLUDING ANY CLAIMS FOR LOSS OF OR DAMAGE TO LUGGAGE OR OTHER PROPERTY AND/OR DEATH AND/OR PERSONAL INJURY . FOR A COPY OF EU REGULATION 392/2009, VISIT HTTPS://EUR-LEX.EUROPA.EU/LEGAL-CONTENT/EN/TXT/?URI=CELEX%3A02009R0392-20190726. FOR A COPY OF THE ATHENS CONVENTION AND THE 2002 PROTOCOL THERETO, VISIT HTTPS://TREATIES.UN.ORG/DOC/PUBLICATION/UNTS/VOLUME%201463/VOLUME-1463-I-24817-ENGLISH.PDF

AND

HTTPS://TREATIES.UN.ORG/DOC/PUBLICATION/UNTS/NO%20VOLUME/24817/A-24817-080000028053BF55.PDF

e. IN ADDITION TO THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF LIABILITY PROVIDED IN THIS TICKET CONTRACT (INCLUDING IN PARAGRAPH (C) AND (D) ABOVE), THE PARTIES TO THIS TICKET CONTRACT SHALL BE ENTITLED TO THE MAXIMUM PROTECTION ALLOWED BY ALL APPLICABLE LAWS, INCLUDING STATUTORY PROTECTION AS TO AMOUNTS OF DAMAGES RECOVERABLE.

f. ON ANY VOYAGE ITINERARY INCLUDING ANY PORT IN THE UNITED STATES, ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF LIABILITY PROVIDED IN (OR AUTHORIZED BY) THE LAWS OF THE UNITED STATES WITH RESPECT TO CARRIER ENTITIES’ AND INDEMNIFIED PARTIES’ LIABILITY FOR DEATH, PERSONAL INJURY AND EMOTIONAL DISTRESS TO A PASSENGER SHALL APPLY, INCLUDING BUT NOT LIMITED TO, TITLE 46 OF THE UNITED STATES CODE §§ 30301-30308 AND 30501 THROUGH 30530. NOTHING IN THIS TICKET CONTRACT IS INTENDED TO NOR SHALL IT OPERATE TO LIMIT OR DEPRIVE THE CARRIER ENTITIES, INDEMNIFIED PARTIES, OR THE GUESTS OF ANY SUCH STATUTORY LIMITATION OF OR EXONERATION FROM LIABILITY UNDER ANY APPLICABLE LAWS. THESE STATUTES PROVIDE FOR POTENTIALLY SIGNIFICANT LIMITATIONS OR EXONERATION FROM LIABILITY THAT CANNOT BE QUANTIFIED OR ESTIMATED IN ADVANCE AS THEY VARY DEPENDING ON CIRCUMSTANCES OF THE CASUALTY OR LOSS.

g. At Carrier’s sole option, Guest may be given the opportunity to utilize Carrier Entities’ equipment and to participate in the various watersports and other recreational activities off, under, around, about, and in the environs of the Yacht and all locations visited during the Voyage. These activities include, but are not limited to, kayaking, sailing, water skiing, snorkeling, and swimming. Guest acknowledges that (i) there are risks and dangers involved with their participation in watersports activities that can result in serious injury or death, (ii) Carrier Entities can in no way guarantee the safety or welfare of Guest in any watersports activities and the Carrier Entities are merely providing watersport equipment and watersport instruction to enhance Guest’s enjoyment, (iii) Guest shall knowingly and voluntarily assume the risk of using equipment provided by Carrier and the activities in which Guest is participating and shall release, defend, hold harmless, and indemnify the Carrier Entities and Indemnified Parties against any claims made by or on behalf of Guest or any Minor or other person for whom Guest assumes responsibility under this Contract as a result of using any such equipment and participation in watersports and other recreational activities, (iv) Guest shall acquire the training necessary to participate in such watersports and other recreational activities and shall follow Carrier’s rules and procedures, and (v) the Carrier Entities and Indemnified Parties shall accept no responsibility for Guest’s failure to abide by the Yacht’s rules and restrictions, governmental rules, regulations and restrictions concerning such watersports and other recreational activities.

h. NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS TICKET CONTRACT OR THE BOOKING TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE CARRIER ENTITIES AND INDEMNIFIED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO GUEST FOR ANY LOSS OR ANTICIPATED LOSS OF PROFITS OR REVENUES, LOSS OF CONTRACT OR BUSINESS OPPORTUNITY OR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.

i. IN NO EVENT WILL THE CARRIER ENTITIES AND INDEMNIFIED PARTIES BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR DEATH NOT CAUSED BY THE NEGLIGENCE, FAULT OR OMISSION OF SUCH CARRIER ENTITIES OR INDEMNIFIED PARTIES; PROVIDED THAT IN ANY RESPECT, ANY DAMAGES PAYABLE TO GUESTS SHALL BE REDUCED IN PROPORTION TO ANY CONTRIBUTORY NEGLIGENCE OF GUEST.

j. IN NO EVENT WILL THE CARRIER ENTITIES OR INDEMNIFIED PARTIES BE LIABLE FOR ANY OCCURRENCE ASHORE, PRIOR TO EMBARKING OR AFTER DISEMBARKING THE YACHT, EXCEPT FOR THE NEGLIGENCE, FAULT OR OMISSION OF CARRIER OR ITS EMPLOYEES ACTING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT DURING TRANSPORTATION BY WATER TO OR FROM THE YACHT WHICH IS CARRIED OUT BY MEANS OF A CONVEYANCE PROVIDED BY THE CARRIER.

k. THE FOREGOING LIMITATIONS OF LIABILITY SHALL BE AVAILABLE TO ALL CARRIER ENTITIES, INDEMNIFIED PARTIES, AND THEIR AFFILIATES, SUPPLIERS, INDEPENDENT SUBCONTRACTORS AND CONCESSIONAIRES PROVIDING ANY GOODS OR SERVICES ON THE YACHT OR ASHORE.

l. GUESTS WAIVE ANY RIGHT TO ARREST OR HAVE THE VESSEL OR ANY OTHER PROPERTY OF CARRIER ENTITIES OR THEIR CONTRACTORS ARRESTED OR REQUIRE POSTING OF ANY BOND OR SECURITY FOR ANY REASON. GUEST WILL INDEMNIFY CARRIER ENTITIES AND CONTRACTORS FOR ANY LOST REVENUES OR COSTS ARISING FROM BREACH OF THIS PROVISION.

m. Carrier Entities shall have no vicarious liability for the acts or omissions of any person not actually employed by such Carrier Entities nor for the acts or omissions of any other company or business entity.

n. For claims not involving personal injury, death or illness or which are not subject to the conventions referred to throughout this Ticket Contract, Carrier Entities’ liability for improper performance or breach of this Ticket Contract shall be limited to a maximum of two times (2x) the price which the affected Guest paid for their Voyage (excluding insurance premiums and amendment charges).

o. In addition to Carrier Entities’ and Indemnified Parties’ limitations of liability in this Ticket Contract, Carrier Entities and Indemnified Parties shall have the benefit of any and all limitations of liability in any third-party carrier’s conditions of carriage and all applicable laws and international conventions.

26. Governing Law.

EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED IN THIS TICKET CONTRACT, THIS TICKET CONTRACT AND ALL OTHER RIGHTS AND DUTIES OF GUESTS AND OF CARRIER ENTITIES WILL BE CONSTRUED, AND ANY DISPUTE RELATING TO, OR IN ANY WAY ARISING OUT OF, OR CONNECTED WITH THIS TICKET CONTRACT OR GUEST’S VOYAGE WILL BE RESOLVED EXCLUSIVELY IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF THE UNITED STATES OF AMERICA WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, EXCEPT IN CASES INVOLVING DEATH ARISING OUTSIDE THE UNITED STATES WHICH SHALL BE GOVERNED EXCLUSIVELY BY THE DEATH ON THE HIGH SEAS ACT, 46 U.S.C. § 30301, ET SEQ. THE LAWS OF FLORIDA, USA, INCLUDING THE FLORIDA DRAMSHOP LAW, FLORIDA STATUTES §786.125, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES THEREOF, WILL GOVERN AS TO ANY MATTERS NOT ADDRESSED BY SUCH GENERAL MARITIME LAW OF THE UNITED STATES. GUEST AGREES THAT THIS CHOICE OF LAW PROVISION REPLACES, SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY STATE OR NATION TO THE CONTRARY.

27. Binding Arbitration and Forum Selection.

a. 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 VOYAGE (INCLUDING ANY SHORE EXPERIENCE), NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN GUEST AND CARRIER ENTITIES OR INDEMNIFIED PARTIES, 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 FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) (OR, IF APPLICABLE, 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 SOLELY AND EXCLUSIVELY IN MIAMI-DADE COUNTY, FLORIDA, U.S.A., TO THE EXCLUSION OF ANY OTHER FORUM. GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE, JURISDICTIONAL, 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.

b. NEITHER GUEST NOR ANY CARRIER ENTITY OR INDEMNIFIED 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 ANY CARRIER ENTITY OR INDEMNIFIED PARTY WOULD HAVE IN COURT PROCEEDINGS 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. THE CARRIER ENTITIES, INDEMNIFIED PARTIES, AND GUEST FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF 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 PARAGRAPH (C) BELOW GOVERNING FORUM AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN PARAGRAPH (A) ABOVE OR THIS PARAGRAPH (B).

c. EXCEPT AS OTHERWISE PROVIDED FOR CLAIMS SUBJECT TO ARBITRATION (AS SET FORTH IN PARAGRAPHS (A) AND (B) ABOVE), GUEST, CARRIER ENTITIES, AND INDEMNIFIED PARTIES IRREVOCABLY AGREE THAT ANY DISPUTE WHATSOEVER ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR INCIDENT TO THIS TICKET CONTRACT OR GUEST'S VOYAGE (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, FLORIDA, OR, AS TO THOSE LAWSUITS OVER WHICH THE FEDERAL COURT LACKS 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. IN THE EVENT THAT NO DIVERSITY JURISDICTION EXISTS IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, THEN THE MATTER MUST PROCEED UNDER THE COURT’S ADMIRALTY JURISDICTION. GUEST ACKNOWLEDGES AND UNDERSTANDS THAT A FEDERAL COURT PRESIDING OVER THE MATTER UNDER ADMIRALTY JURISDICTION MAY NOT GRANT A TRIAL BY JURY DESPITE THE CARRIER ENTITIES’ OR INDEMNIFIED PARTIES’ CONSENT AND GUEST’S REQUEST FOR A TRIAL BY JURY, AND IN SUCH EVENT, GUEST KNOWINGLY AND VOLUNTARILY WAIVES A TRIAL BY JURY. GUEST HEREBY CONSENTS TO SUCH EXCLUSIVE JURISDICTION AND WAIVES ANY VENUE, JURISDICTIONAL (INCLUDING PERSONAL JURISDICTION), OR OTHER OBJECTION THAT MAY BE AVAILABLE.

28. Waiver of Class Action.

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 ANY AND ALL CARRIER ENTITIES OR INDEMNIFIED PARTIES 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. IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SHALL SUCH CLAIM NOT BE SUBJECT TO ARBITRATION INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION.

29. In Rem Waiver.

IN THE EVENT OF A MARITIME TORT, APPLICABLE LAW MAY PROVIDE THE RIGHT TO PROCEED IN REM TO ARREST THE YACHT OR ITS APPURTENANCES FOR PURPOSES OF SECURITY OR PROCEED QUASI IN REM TO ATTACH ANY OF CARRIER’S VESSELS TO ESTABLISH JURISDICTION. GUESTS HEREBY WAIVE ANY RIGHT THEY MAY HAVE TO AN IN REM OR QUASI IN REM PROCEEDING TO ARREST OR ATTACH ANY OF CARRIER’S VESSELS FOR THE PURPOSES OF OBTAINING SECURITY OR JURISDICTION AND WILL RELY SOLELY ON THE CREDIT OF CARRIER IN BRINGING ANY CLAIM AGAINST CARRIER, IF AT ALL.

30. No Warranties.

THE CARRIER ENTITIES DO NOT EXPRESSLY OR IMPLIEDLY WARRANT, AND THE CARRIER ENTITIES SPECIFICALLY DISCLAIM, ANY WARRANTY AS TO, (A) THE FITNESS, CONDITION OR SEAWORTHINESS OF THE YACHT AND (B) THE FITNESS, CONDITION OR MERCHANTABILITY OF ANY FOOD OR DRINK PROVIDED ON BOARD THE YACHT. THE CARRIER ENTITIES AND INDEMNIFIED PARTIES SHALL NOT BE STRICTLY LIABLE IN TORT FOR ANY DEFECT, LACK OF FITNESS, IMPURITY OR CONTAMINATION OF ANY FOOD OR DRINK PROVIDED ON BOARD THE YACHT.

31. Third Party Beneficiaries.

GUEST AGREES THAT ALL PROTECTIONS, BENEFITS, DEFENSES, AND EXCLUSIONS FROM, AND LIMITATIONS OF, LIABILITY IN FAVOR OF CARRIER SET FORTH IN THIS TICKET CONTRACT SHALL ALSO EXTEND FULLY TO AND BE FOR THE BENEFIT OF CARRIER ENTITIES, INDEMNIFIED PARTIES, CARRIER ENTITIES’ AFFILIATES AND CARRIER’S CONCESSIONAIRES AND SUPPLIERS. Except and to the extent expressly set forth in this Ticket Contract, Carrier and Guest do not intend to create any third-party beneficiaries or otherwise extend the rights and benefits of this Ticket Contract to any third parties.

32. Use of Guest’s Likeness.

a. Carrier may utilize closed circuit television or other surveillance means on board the Yacht for the purpose of detecting or preventing criminal activity and ensuring the safety and protection of Guests while onboard.

33. No Recording or Photography for Nonprivate Use.

Guest hereby agrees that any recording (whether audio or video or otherwise) or photograph of Guest, other Guests, crew or third parties onboard the Yacht or depicting the Yacht, its design, equipment or otherwise shall not be used by Guest for any commercial purpose, in any media broadcast or for any other nonprivate use without the express written consent of Carrier. The Captain shall be entitled to take any reasonable measure to enforce this provision.

34. Personal Data and Marketing.

Marc-Henry Cruise Holdings Ltd (MHCH) and its affiliates will collect, use, process and share data as stated in the MHCH Privacy Notice, which is available at https://www.fourseasonsyachts.com/privacy-notice.

35. Voyage Cancellations.

If a Voyage ticket or fare is labeled as nonrefundable at the time of Booking, Guest shall not be entitled to receive a refund in connection with any cancellation by Guest. In all other instances where a Guest cancels a Booking, Guest’s fare deposits will be refunded, subject to the following cancellation fees:

Standard Suites

Signature Suites

*The 3% fee will be credited to your account and may be applied to a future voyage within 12 months of issuance.

For any Voyage embarking passengers in the United States of America, certain additional cancellation and refund rights may apply if a Voyage is cancelled or departure is delayed. For information, see: https://www.fmc.gov/resources-services/cruise-passenger-assistance/ .

Guest-requested downgrades of suite categories will be treated as a cancellation subject to the cancellation fees set forth above with respect to the fare difference between suite categories. If a Guest requests any other changes to a reservation or itinerary and Carrier is able to accommodate such changes, then such changes may result in a per Guest reasonable service or administration fee. Guest will be responsible for any additional reasonable costs which are incurred as a result of requested changes. Please contact Carrier for further details.

36. Environmental Policy.

Guests must adhere to Carrier’s environmental requirements, policies, and practices. Any dumping or pollution of any kind including discharge of any item into the ocean and/or waterways or the Yacht’s wastewater system or elsewhere on board is strictly prohibited. Guests will be strictly liable for any illegal dumping or pollution. Any willful or negligent act of discharging or releasing any unauthorized item overboard, without the express permission of the Captain may result in a Five Hundred Dollars ($500USD) charge, per violation, posted to Guest’s shipboard account. Additionally, Guests will be charged the reimbursement cost of any unauthorized discharged Property belonging to Carrier and such charge will be posted to Guest’s shipboard account. Guests shall also be responsible for any fines or penalties imposed on Carrier by any government, governmental agency or official, port or port official, or for expenses or losses caused or incurred by Carrier, including legal defense costs, for Guest’s violation of Carrier’s environmental policy. Violation of this policy may result in Guest’s disembarkation from the Yacht. Any Guest disembarked for violating Carrier’s environmental policy will be responsible for all financial charges and expenses to return home. No refund of Guest’s unused Voyage Fare will be provided.

37. Wireless Services.

Carrier may, at its sole option, make wireless internet or telephone access available for Guest’s convenience. The Carrier Entities and Indemnified Parties accept no responsibility for non-availability, lack of adequate capacity or interruptions in such wireless internet or telephone access which shall be provided by third parties. Guest agrees to use such wireless internet or telephone access at Guest’s own risk. The Carrier Entities and Indemnified Parties shall not be liable in any manner for resulting claims (including without limitation lack of privacy), losses or damages or inability to communicate or conduct any business. The wireless internet or telephone access is public and information sent or received is not guaranteed to be private (and therefore any personal data transmitted or provided over or through such wireless internet or telephone access may be available or accessed by third parties). Guest agrees that Carrier Entities may, as required by law or in their sole discretion, monitor, record, intercept and disclose any transmissions and may provide to others all information relating to all such wireless internet or telephone access.

38. Interpretation And Severability.

Should any provision of this Ticket Contract 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 this Ticket Contract 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 Contract are for convenience only and shall not define or limit any of the terms or provisions. Whenever the context so requires, references to the male gender shall include references to the female gender, and references to the singular shall include the plural and vice versa. The Terms and Conditions contained on fourseasonsyachts.com (the “Website”) in effect as of the Departure Date of the Voyage to which this Ticket Contract relates are hereby incorporated by reference into this Ticket Contract. In the event of conflict between the provisions of this Ticket Contract, the Booking Terms, the Terms and Conditions contained on the Website, the terms of any advertisement or offer by any Carrier Entity or other party on their behalf, and the oral representations of any representative of any Carrier Entity, the provisions of this Ticket Contract shall control.

39. Written Notice.

Except as otherwise expressly provided in this Ticket Contract, all written notices required by the Ticket Contract must be mailed, postage prepaid, to:

Marc-Henry Operating Limited

85 St. John Street, Valletta

VLT 1165, Malta

Attention General Counsel