By making your reservation and delivering payment for your vacation or cruise you thereby agree to be bound by this Cruise Designs, Inc. (“Cruise Designs”) guest reservation terms and conditions agreement (this “agreement”) and acknowledge that you accept, on behalf of yourself and all other persons traveling under your reservation, all the terms and conditions set out herein.
This agreement contains important limitations on the rights of guests so it is important that you carefully read all terms of this agreement, which limit our liability and your right to sue, and retain it for future reference.
Cruise Line or Supplier Passage Ticket & Guest Policies Strict Limitations on Cruise Designs Liability
You hereby acknowledge and agree that the airlines, cruise lines, hotels, resort operators, transportation companies, tour operators, and other suppliers providing services (collectively the “Suppliers” or “Supplier”) have full and exclusive control of the Vessel, airplane, hotel or resort where your Cruise Designs vacation will take place, that the Supplier, not Cruise Designs, is responsible for providing all services to you within that Vessel, airplane, hotel or resort and that therefore the Supplier, not Cruise Designs, shall be solely responsible for any and all liability, loss, expense, damages, or claims arising out of or related to any act, conduct or omission occurring while you are on board the Vessel or airplane or within the hotel or resort. Cruise Designs has no such control or ability to provide you such and as such shall have no responsibility for the acts and omissions of Suppliers.
You hereby further acknowledge and agree that, in addition to the terms and conditions of this Agreement, you will be bound by the passenger ticket contract and by the general terms and conditions of Supplier’s program and guest policy or other policies, terms and conditions of the Supplier’s (the “Ticket”). The Ticket and all of its definitions, terms and conditions are hereby incorporated into this Agreement by reference.
You hereby agree to hold Cruise Designs free of responsibility for, and to bear the sole risk of, any delay, claim, liability, loss or accident occasioned by the fault or negligence of any Supplier or other person or company entrusted with such service.
By making your reservation and agreeing to utilize the services of Cruise Designs and the Supplier, you agree that neither Cruise Designs nor the Supplier, nor their respective affiliates, agents, principals, employees, or representatives shall be liable for any loss, injury, or damage to you or your belongings, or otherwise in connection with any accommodations, transportation, or cruise, or for trip cancellations, delays, changes in itinerary or schedule, or other services whether or not resulting directly or indirectly from any occurrence beyond their control, including without limitation, Acts of God, breakdown of the Vessel, hostilities, blockades, labor conflicts, strikes aboard ship or on land, war, fire, collision, arrest, order or restraint by governmental authorities or others, acts of terrorism, civil commotions, weather conditions and considerations of safety of the Vessel, or other circumstances.
In the event of interruption, changes, delays or cancellation of your Cruise Designs trip for any reason, or in the event of default, real or alleged, of any kind by Cruise Designs or the Supplier, or your claim that Cruise Designs or the Supplier has for whatever reason failed to perform its respective obligations to you, the sole liability of Cruise Designs and the Supplier to you shall be to refund all monies theretofore paid by you for all obligations not then performed or for which you have not yet received benefit.
Cruise Designs and the Supplier shall not be liable or responsible to you for any other costs incurred by you, including but not limited to, travel costs and other costs incurred by you in preparation or anticipation of your trip, or for any other consequential damages arising from, or as a result of, such cancellation.
All travel arrangements made for or by you for air transportation, shore excursions, ground tours, ground transportation, hotels, restaurants and other similar activities or services are made solely for your convenience and are at your own risk. The providers of such services are independent contractors and are not acting as agents or representatives of Cruise Designs or the Supplier. In no event shall Cruise Designs or the Supplier be liable for any accident, injury or harm to you which occurs off the Vessel, hotel or resort as a result of any acts, omissions or negligence of any third parties or independent contractors.
The Supplier shall in no event be liable to you for any contracts or understandings between you and Cruise Designs resulting from your claim for the return of any monies collected by Cruise Designs with respect to the Cruise or your trip or vacation and you hereby agree to look solely to Cruise Designs to collect any such sums.
Accessibility – Americans with Disabilities Act (ADA) Compliance
Cruise Designs is committed to providing all of its guests with a wonderful vacation and does not discriminate on the basis of disability. To provide Cruise Designs and the Suppliers with sufficient time to accommodate your needs, if you have special needs or require special medical care, equipment or accommodations, a, please notify Cruise Designs at the time of your first booking.
Travel Documents, Passports and Proof of Citizenship; Customs
All passports, visas and other travel documents required for embarkation and disembarkation and at all ports of call or otherwise required to gain entry to all countries are your sole responsibility. It is your sole responsibility to identify and obtain all required travel documents and have them available when necessary. These appropriate valid travel documents such as a passport, visa, inoculation certificate and family legal documents are required for boarding vessels and country entry and/or re-entry.
Guests who do not possess the proper documentation may be prevented from boarding their flight or vessel or from entering a country and may be subject to fines. No refunds will be given to individuals who fail to bring the proper travel documents. All international travel generally requires a valid passport. Visas may be required, depending on the destination. Citizens of countries other than the U.S. should contact an embassy or consulate of the destination country for specific entry requirements.
Cruise Designs is not responsible for any delays you may encounter due to your incomplete or incorrect travel documents, nor shall Cruise Designs or the Suppliers have any liability therefore. Should you fail to possess valid documentation, you will be denied boarding or entry and will not be entitled to any refund. Your full compliance with all customs regulations and all local and national laws is your own responsibility.
Your Responsibility for Damages Caused by You
You shall be liable to, and shall reimburse Cruise Designs and Suppliers for, any damage to the Vessel, the Transport, hotel, resort or any property of Cruise Designs or the Suppliers caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on your part; and you shall further indemnify Cruise Designs and Suppliers and each and all of their agents and servants against all liability which Cruise Designs and Suppliers may incur towards any person or company or government for any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on your part.
You shall be liable to Cruise Designs and the Suppliers for any fines or penalties imposed on Cruise Designs or Suppliers by any governmental authorities for your failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs, crime or excise.
Cruise Designs & Supplier Right to Refuse Transport or Booking
Cruise Designs and the Suppliers may refuse to transport any guest, and may remove any guest from the Vessel, transport, hotel or resort at any time, for any of the following reasons: (i) whenever such action is necessary to comply with any government regulations, directives or instructions; (ii) when a guest refuses to permit search of his person or property for explosives, weapons, dangerous materials or other stolen, illegal or prohibited items; (iii) when a guest refuses upon request to produce positive identification or required travel documents; or (iv) for failure to comply with Supplier’s or Cruise Designs’ rules and procedures, including, for example, Supplier’s Ticket or guest conduct policy or Supplier’s policies against fraternization with crew; or (v) when guest’s passage is denied by Supplier pursuant to its refusal to transport policy; or (vi) when a guest. Supplier’s guest conduct policy and refusal to transport policy are available on the Supplier’s website.
To facilitate Cruise Designs’ and Supplier’s ability to continue to provide safe and enjoyable cruises and vacations to our guests, Cruise Designs and the Suppliers reserve the right to refuse to accept a reservation request from an individual or group and reserve the right to cancel an existing reservation for any reason.
You understand and agree that Cruise Designs and the Suppliers have a zero tolerance policy for illegal drugs or activity and shall report such activity to the appropriate authorities.
Cancellation & Transfer Policy; Changes in Itinerary or Vacation Details; Force Majeure Events
If a Cruise Designs Supplier or Cruise Designs is forced to cancel or undertake a major change (such as change in resort, hotel or vessel, departure or return date, departure city or destination) the a cruise, vacation or tour due to circumstances beyond their normal control, such as the following non-exclusive list: Acts of God, breakdown of the Vessel or breakdowns of or damage to its hull, machinery and fittings, inability to secure or failure of supplies including fuel, requisition of the Vessel or other circumstances beyond the Supplier’s control (including but not limited to a change in Supplier’s fleet deployment caused by any of the aforementioned events), war, civil or political unrest, hostilities, blockades, labor conflicts, strikes, including strikes aboard or ashore or at a resort, restraint of rulers or princes, fire, collision, directions of underwriters, arrest, order or restraint by governmental authorities or others, acts of terrorism, civil commotions, catastrophes, epidemics, pandemics, virus or illness (“Force Majeure Events”), Cruise Designs will attempt to notify you as soon as possible. The sole liability of Cruise Designs by reason of a Force Majeure Event shall be to, depending on Supplier’s refund policies, offer a credit to be applied to future Cruise Designs vacations or a refund of all monies theretofore paid to Cruise Designs for all obligations not then performed or for which the guest has not had benefit.
Cruise ship itineraries are always subject to change without notice and any alterations except to embarkation points shall not be considered a major change. Neither the Supplier nor Cruise Designs shall be responsible for any failure to adhere to published arrival and departure times for any of its ports of call.
Cruise Designs reserves the right to (1) cancel the cruise or vacation or tour at any time prior to departure and refund all monies in full and complete settlement of its obligations, and (2) decline to accept or retain any person as a member of the tour.
Certain categories and promotional fares may have more restrictive cancellation policies, and such policies are noted on the individual confirmation at time of booking.
Cancellation by the guest after a cruise or vacation has begun, early disembarkation of the guest for any reason, including pursuant to any provision of this Agreement, or “no-shows” shall be without refund, credit, compensation, or liability on the part of the Cruise Designs whatsoever and shall be subject to governmental, legal and Supplier restrictions on any such action.
Additional fees shall apply for certain services and conditions as follows:
- Returned payment fee: $40
- Wire Transfer receipt fee: $25
Travel & Trip Cancellation Insurance
Cruise Designs strongly recommends that you purchase travel insurance and/or trip cancellation insurance which Cruise Designs offers. Many policies offer valuable waivers of pre-existing conditions if purchased at or near the time of booking. Travel insurance coverage offers many benefits including emergency medical coverage and can protect your vacation investment. Each policy varies in scope and it is your responsibility to pay close attention to the coverage offered.
The individual carrier is the insurer, not Cruise Designs, and therefore Cruise Designs is not responsible for the coverages offered, services provided, or claims for any travel insured.
By accepting these terms and conditions, you acknowledge that you have been offered travel and cancellation insurance and understand the risks of not purchasing and benefits of purchasing it.
Release And Authorization For Use Of Image
You understand that Cruise Designs takes photographs and videos for the purpose of producing promotional, advertising and publicity pictures. By making your reservation, making payment to Cruise Designs and by entering the Vessel, airplane, hotel or resort where your Cruise Designs vacation will take place, you are willingly consenting to the use of your image, name, voice and likeness acquired during your vacation by Cruise Designs.
You hereby agree to release Cruise Designs from any and all liability of any kind from point of arrival and check-in, initial embarkation, all areas of the Vessel, airplane, hotel or resort and in all ports and destinations up to and including final disembarkation. Your release of liability extends to any claims and costs that may arise based on the grant of the use of your photograph, video, likeness and voice.
You certify that you have read this release and authorization and you fully understand its contents. You are aware that this is a release, authorization, acknowledgement, and assignment of your image, name, voice and likeness rights, understand that this is a binding contract, and that you grant the rights stated above of your own free will.
If you do not desire to be part of future advertising materials, you may rescind this release in writing upon arrival or at any time prior to your return from the program. After your return, the right to so rescind shall be forever waived.
Time Limit To File Claims – Binding Arbitration; Class Action Waiver
Any dispute, claim or controversy between you and any person traveling under your reservation and Cruise Designs arising out of or relating to any claims, losses, damages or expenses relating to or in any way arising out of or connected with this Agreement or your Cruise Designs cruise or vacation, or any alleged breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, and any claim for damages or personal injury, illness or death and any alleged violation of civil rights, discrimination, consumer, Americans with Disabilities Act or privacy laws, shall be determined by arbitration in Montgomery County, Pennsylvania, before a sole arbitrator, in accordance with the laws of the State of Pennsylvania for agreements made in and to be performed in this State. The arbitration shall be administered under the commercial arbitration rules of the American Arbitration Association. The arbitrator shall be permitted to award only those remedies in law or equity which are requested by the parties, or one of them, and allowed by law. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter(s) in question would be barred by the applicable statute of limitations. The arbitrator shall reject any claim not based upon a timely filed demand. Judgment on the Award may be entered in any court having jurisdiction.
In the arbitration Award, the arbitrator shall allocate all of the costs of the arbitration (and mediation, if applicable), including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail.
Notwithstanding any provision of law of any state or country to the contrary, no arbitration demand (or suit if the claim is not subject to this arbitration provision) shall be maintainable against cruise designs for personal injury, illness or death, damages or breach of this agreement by you unless written notice of the claim, with full particulars, shall be delivered to Cruise Designs at its principal office within six (6) months from the date that the injury, illness, death, damage or breach occurred and demand for arbitration (or suit if the claim is not covered by this arbitration provision) is commenced (filed) within one (1) year from the date of such injury, illness, death, damage or breach and process served within 120 days after filing.
The supplier ticket, not this agreement, shall govern any dispute between you and the supplier.
You and each person traveling under your reservation hereby agree that except as provided in the last sentence of this paragraph, you may bring claims against Cruise Designs only in your individual capacity. Even if the applicable law provides otherwise, you agree that any arbitration or lawsuit against cruise designs, shall be litigated by you individually and not as a member of any class or as part of a class or representative action, and you expressly agrees to waive any law entitling you to participate in a class action. If your claim is subject to arbitration as provided in this section, the arbitrator shall have no authority to arbitrate claims on a class action basis. You agree that this section shall not be severable under any circumstances from the arbitration clause set forth in this section 10, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration.
Choice Of Law; Venue
This Agreement and your relationship with Cruise Designs shall be construed in accordance with the laws of the State of Pennsylvania applicable to contracts made and to be performed entirely within Pennsylvania. You hereby expressly agree and consent that any legal suit, arbitration or proceeding arising out of or relating to this Agreement or your relationship with Cruise Designs shall be instituted by either party in the County of Montgomery, State of Pennsylvania, United States of America and, by the execution and delivery of this Agreement, you expressly waive any objection which you may have now or hereafter to venue or to the jurisdiction of any such suit, arbitration, action or proceeding, and irrevocably submit generally and unconditionally to the jurisdiction of any such court or body in Montgomery County, Pennsylvania.
In the event of any litigation or arbitration between you and Cruise Designs arising out of this Agreement or the relationship of the parties established thereby and any and all transactions and documents related thereto, the prevailing party, whether or not such litigation or arbitration proceeds to final judgment or determination, shall be entitled to recover all of the attorneys’ fees, costs and expenses incurred with respect to such legal efforts.
Entire Agreement, Assignment
This Agreement constitutes the entire agreement between you and Cruise Designs pertaining to the subject matter hereof and supersedes any prior or contemporaneous agreements, representations, negotiations or understandings between the parties not herein expressly set forth. Cruise Designs may assign, convey or transfer its rights under this Agreement to any parent, subsidiary or affiliate of Cruise Designs or to anyone else without your prior written consent or approval.
Last updated: December 2022
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The Service and its original content, features and functionality are and will remain the exclusive property of Cruise Designs Travel and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Cruise Designs Travel.
Cruise Designs Travel has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Cruise Designs Travel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
Last updated: December 2022
Cruise Designs Travel (“us”, “we”, or “our”) operates the Cruise Designs Travel website (the “Service”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information (“Personal Information”) may include, but is not limited to:
- Email address
- Telephone number
We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.