Love Like You Mean It® Marriage Cruise Participant Agreement
IMPORTANT NOTICE TO GUESTS. THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY FAMILYLIFE TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW.
NOTICE: THE ATTENTION OF GUESTIS ESPECIALLY DIRECTED TO SECTION V ANDITS SUB- PARAGRAPHS WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUEST TO ASSERT CLAIMS AGAINST FAMILYLIFE, ITS AGENTS AND EMPLOYEES, AND OTHERS, INCLUDING FORUM SELECTION AND TIME FOR FILING CLAIMS.
This FamilyLife Love Like You Mean It® Marriage Cruise Participant Agreement (the “FamilyLife Agreement”), is between the Passenger(“Guest”, “You”, “Your”) and FLTI, an Arkansas nonprofit corporation d/b/a FamilyLife(“FamilyLife”, “Us”, “We”). References to Passenger, Guest, You, and Your reference every person under reservation.
I. Participation in the Cruise
In order to participate in the Cruise, You must agree to the terms of both this FamilyLife Agreement and the Carnival Ticket Contract. By booking a reservation through FamilyLife for the Cruise, or by acceptance and/or use of the Carnival Ticket Contract issued by Carnival of the person(s) named thereon as Guests, each Guest on the same reservation acknowledges having read, and understands each and every term, condition, and provision and agrees to be bound thereby.
This FamilyLife Agreement contain the terms, conditions, and limitations with respect to the Cruise, beyond the terms and conditions described in the Carnival Cruise Lines Ticket Contract (the “Carnival Ticket Contract”). BOTH THIS FAMILYLIFE AGREEMENT AND THE CARNIVAL TICKET CONTRACT CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHTS. THEY ARE LEGALLY BINDING CONTRACTS WHICH APPLY TO EVERY TICKETED GUEST AND BECOME EFFECTIVE UPON THE BOOKING OF A RESERVATION FOR THE 2019 LOVE LIKE YOU MEAN IT CRUISE. All rights, exemptions from liability, defenses and immunities of FamilyLife under this FamilyLife Agreement shall also inure to the benefit of FamilyLife’s employees, servants, agents, independent contractors, and affiliated or related companies, who shall have no liability in tort, in contract or otherwise which is greater than or different from that of FamilyLife.
- Terms of the Carnival Cruise Ticket Contract. The terms of the Carnival Ticket Contract canbe viewed at: http://www.carnival.com/CMS/Static_Templates/ticket_contract.aspx. Pleaseread carefully all the terms of the Carnival Ticket Contract. By embarking You must agree tothese terms in a manner required by Carnival or FamilyLife. However, please note thatrights granted to Carnival or Guest under Sections 6 and 7 of the Ticket Contract relating to the payment or refund of cruise fare and to cancellations by Guest, shall not be operative. They are instead governed under Sections II, III, and IV of this FamilyLife Agreement.
- FamilyLife as Charterer. Guest acknowledges and expressly agrees that FamilyLife (and itsaffiliates) are acting solely in their capacity as Charterers of the Cruise and that FamilyLifehas no right or ability to control or direct the operational or navigational activities of thevessel or crew in any manner whatsoever whether aboard the ship or ashore, includingwithout limitation, (i) persons furnishing services to the vessel or to the Guests includingshore side excursions, personnel, or contractors, embarkation and disembarkation to andfrom the vessel, and (ii) the condition of the vessel and its equipment. For Your convenience, FamilyLife has highlighted valuable additional information related tothe Cruise in the paragraphs below. More information can be found in the Carnival TicketContract.
- Who May Sail. Carnival Cruise Line’s rules regarding a Guest’s fitness to travel, special needs,pregnancy, and infants are contained in the Carnival Ticket Contract. Because of the design and purpose of the Cruise, FamilyLife will deny boarding and issue norefunds to Guests not conforming to the requirements listed below. There are NOEXCEPTIONS to these policies.
- Infants who are at least 6 months old on the day of departure may sail.
- Women who will be less than 24 weeks into their pregnancy on the day ofdeparture, and for the duration of the Cruise, may sail. This policy is due to therisk of premature labor. Pregnant women must have a letter from their doctorstating how far along (in weeks) their pregnancy will be at the beginning of thecruise, that mother and baby are in good health and fit to travel, and that thepregnancy is not high-risk.
Adults aged 21 or older may sail. The Cruise shall refuse boarding to anyGuest under the age of 21 unless the Guest is:
- i.Traveling in the same stateroom with an Guest 25 years or older;
- ii.Traveling in the same stateroom with their spouse (Proof of ageand/or proof of marriage are required); or
- iii.Traveling with a parent or guardian in an accompanying stateroom.
4.Documentation. Proper travel documentation is required at embarkation and throughoutthe Cruise and is the responsibility of the Guest. Any Guest traveling without properdocumentation will not be allowed to board the vessel and no refund of the Cruise Fare willbe issued.
5.Photography. FamilyLife and/or its promotional partners have the exclusive right to includephotographic, video and other visual portrayals of Guests in any medium of any naturewhatsoever for the purpose of trade, advertising, sales, publicity or otherwise, withoutcompensation to Guests, and all rights, title and interest therein (including all worldwidecopyrights therein) shall be FamilyLife’s sole property, free from any claims by Guests or anyperson deriving any rights or interest from Guest.
II. Cruise Fare, Deposits, and Payment Plans
- Cruise Fare. Rates are per person based on double occupancy and include the 6 nightCruise fare, meals on board ship, entertainment and all concert activities. All ratescontained in this FamilyLife Agreement are in US Dollars (USD).
- Additional Fees. Port Charges, Documentation Fees and Gratuities of $249.00 per Guestare in addition to the Cruise Fare. Port Charges are comprised of U.S. Customs Fees,International Departure Taxes, and Non-Commissionable cruise line charges(government fees are subject to change). Documentation Fees are comprised of postage,materials, and booking fees related to processing the reservation. Gratuities are prepaidto Your cabin steward, waiter, and busboy. This charge will be included on Yourstatement from FamilyLife. These charges are already shown on Your Cruiseconfirmation.
- Fee Increases. Taxes, fuel charges and fees are subject to change. In the event of anincrease in port charges, taxes, or fuel costs, a surcharge may be charged to You byCarnival and FamilyLife.
- Other Charges Not Included in Cruise Fare. Guest shall pay separately for transportationcosts to and from the Cruise, transfers, optional cancellation insurance, shoreexcursions, any items of a personal nature such as laundry, telephone calls, andbeverages not on the menu (sodas, bottled water, etc.).
- Deposits. Each Guest must pay a $150.00 deposit which is subject to cancellation sectionand in addition to a $26.00 non-refundable booking fee.
- Payment Plans. Guests may choose to pay for their cabin in full at the time of booking orto use a payment plan. Guests choosing the payment plan option must pay the$150.00 deposit at the time of booking and pay the remaining balance in equal monthlypayments by automatic credit card draft. The first payment is charged to the Guest’scredit card one month after the date of booking and continues on approximately thesame day of the month until the fare is paid in full. If an automatic payment isunsuccessful after five attempts in five successive days, the payment plan will havefailed and the reservation will be subject to cancellation unless reinstated with payment.It is the sole responsibility of the card holder to contact FamilyLife and restart the agreedupon payment plan. All delinquent payments are payable at that time in order toreinstate the reservation. FamilyLife will assess the cardholder an administrative fee of$35.00 for each declined charge or changes to the charge plan, as in the case of a Guestrequiring that FamilyLife stop payments from occurring on one card and start paymentson a different card.
III. Changes in Bookings
- Authorization to Change Bookings. Any changes in bookings may be made only bythe person making the reservation (the “Lead Guest”).
- Fees. For booking changes, the following additional fees apply:
- Change of an accompanying Guest in the same cabin / $50.00
- Change in the Lead Guest (transfer of registration) / $100.00
- Adding a Guest to existing reservation / $100.00 + cruise fare, port taxes, fees, and gratuities
- Correction to name spelling within 60 days of sailing / $50.00
- Cabin change (Guest moves from one cabin to another) / $100.00
IV. Cancellation Policy
Each Guest acknowledges that the following FamilyLife Cancellation Policy supersedes the cancellation policies of the Carnival Ticket Contract for this Cruise.
- Cancellation Procedure. To cancel Your reservation You must write us at:FamilyLife, Attn: Love Like You Mean It Cancellations, P.O. Box 7111, Little Rock,AR 72223.
- Cancellation for Failure to Embark. If a Guest fails to appear for embarkation,regardless of the reason, or fails to make the agreed upon payments, the reservationwill be subject to cancellation, at FamilyLife’s sole discretion.
- Cancellation Schedule of Charges. Each Guest expressly acknowledges that because ofthe special nature of partial and full-ship charters, the additional costs, expenses anddamages incurred by FamilyLife related to cancellation by a Guest, re-booking, potentiallost revenue, and finding replacements are difficult if not impossible to calculate inadvance. In addition Guest agrees that the cancellation fees shown in the tablebelow(which constitute liquidated damages) represent a fair, reasonable and agreedupon determination of those damages and expenses.
- Within 15 days from the time of reservation / $26.00 per Guest booking fee
- From January 1, 2018 to May 31, 2018 / $150 per Guest deposit plus a $26.00 per Guest booking fee
- From June 1, 2018 to August 31, 2018 / 25% of Cruise Fare and 100% of any other fees
- From September 1, 2018 to December 9, 2018 / 50% of Cruise Fare and 100% of any other fees
- From December 10, 2018 to Cruise Embarkation / 100% of Cruise Far, and 100% of any other fees
4. Airline Ticket Cancellations. Guest is responsible for making all airline reservations.Airline ticket cancellation is subject to the cancellation policy of the specific airline. Inmost cases tickets are non-refundable. Travel/Cancellation Insurance is highlyrecommended.
5. SOS Insurance. SOS insurance is provided for each Guest as part of the Cruise Fare. SOS isan international travel assistance provider that is retained by FamilyLife to aide FamilyLifestaff and constituents in the event of need for medical or security information, travelrelated problems (lost passport, etc.), arranging doctors’ appointments, obtainingmedication, and in extreme circumstances evacuations. Travel Insurance. The SOSInsurance, described above, is NOT travel insurance. FamilyLife does not providetravel/cancellation insurance. It is the sole responsibility of each Guest to determinewhether to purchase travel/cancellation insurance. Guest further acknowledges thatFamilyLife highly recommends that Guest purchase travel/cancellation insurance.
V. Limitations of Liability
- Limitations of FamilyLife’s Liability. The following limitations of FamilyLife’s liability apply toGuest’s entire Cruise voyage, including port of call excursions. Carnival Cruise Lines is responsible for the provision of Cruise services in the operation ofthe vessel, including but not limited to luggage, food and guest room services. FamilyLife hasno liability related to such services. In consideration for Cruise Fare paid, Guest agrees that FamilyLife shall not be heldvicariously liable for the intentional or negligent acts or omissions of any persons notemployed by FamilyLife nor for any intentional or negligent acts or omissions ofFamilyLife’s employees committed while off duty or outside the course and scope of theiremployment. It is agreed that FamilyLife shall have no liability as a consequence of a Guest’s use of ship’sathletic or recreational equipment or as a consequence of Guest’s decision to participatein any athletic or recreational activity or event, or Guest’s participation in port of callexcursions. FamilyLife and the Guest agree that participation in the Cruise poses risks including thefollowing specific risks: sickness, illness whether caused by biological agents or otherwise,crime, kidnapping, arrest, death, political instability, governmental opposition to missionactivities, as well as similar and dissimilar risks (herein the “Risks”). Guest is fully aware ofthe Risks and other hazards inherent in participating in the Cruise, and voluntarily assumesthe Risks and all other risks of loss, damage, or injury that may by sustained by the Guestwhile participating in the Cruise. FamilyLife shall not be liable to any Guest for damages for emotional distress, mentalsuffering/anguish or psychological injury of any kind under any circumstances, except whensuch damages were caused by the negligence of FamilyLife and resulted from the samepassenger sustaining actual physical injury, or having been at risk of actual physical injury,or when such damages are held to be intentionally inflicted by FamilyLife.
- Time Limits for Claims. FAMILYLIFE SHALL NOT BE LIABLE FOR ANY CLAIMS WHATSOEVERFOR PERSONAL INJURY, ILLNESS OR DEATH OF THE GUEST, UNLESS FULL PARTICULARS INWRITING ARE GIVEN TO FAMILYLIFE WITHIN 185 DAYS OF THE INJURY, EVENT, ILLNESS ORDEATH GIVING RISE TO THE CLAIM. SUIT TO RECOVER ON ANY SUCH CLAIM SHALL NOT BEMAINTAINABLE UNLESS FILED WITHIN ONE YEAR AFTER THE DATE OF THE INJURY, EVENT,ILLNESS OR DEATH, AND UNLESS SERVED ON FAMILYLIFE WITHIN 120 DAYS AFTER FILING.GUEST EXPRESSLY WAIVES ALL OTHER POTENTIALLY APPLICABLE STATE OR FEDERALLIMITATIONS PERIODS.
- Forum Selection. IT IS AGREEDBY ANDBETWEEN GUEST AND FAMILYLIFE THAT ALLDISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH ORINCIDENT TO THIS CONTRACT OF THE FAMILYLIFE CRUISE, INCLUDING TRAVEL TO ANDFROM THE VESSEL, SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICTCOURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN MIAMI, OR AS TO THOSE LAWSUITS INWHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION,BEFOREA COURT LOCATED IN MIAMI-DADE COUNTY, FLORIDA, U.S.A. TO THE EXCLUSIONOF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY.
- Cancellation by Speakers or Artists. In the unlikely event that a speaker, artist or musician isunable to attend on board or to perform during the Cruise , or to the extent that suchperformance is prevented or loss is caused by Acts of God, war, fire, collision, directions ofunderwriters, arrest, order or restraint by any government agency or official acting underthe color of authority, acts of terrorism, labor disturbances or disputes, civil commotion,weather conditions and considerations of the safety of the vessel (for which the Master ofthe Cruise shall be the sole judge), breakdowns of or damage to the vessel’s hull ormachinery, requisition of the vessel by government authority, illness, death of a familymember or other cause or circumstance beyond FamilyLife’s reasonable control, FamilyLifeshall not be liable to any Guest for any loss to the Guest or others. FamilyLife shall work tomaintain the same level of quality in the program experience and may engage a replacementspeaker or artist or musician and change, postpone, or terminate any portion of theentertainment program. In such case, FamilyLife shall have no liability to any Guest for anyloss, damage or expense whatsoever by reason of such change. FamilyLife shall not be liableto any Guest for any loss to the Guest or others.
- Mission Excursions. The limitations of liability under this Section V of the FamilyLifeAgreement apply to Guest’s port of call excursions. Guest may have the opportunity toparticipate in an optional mission excursion at a scheduled port of call. Depending upon thenature of the excursion, certain eligibility requirements may apply for participation, includingbut not limited to the signing of a waiver of liability.
Advanced or Delayed Sailings and Cruise Cancellation.Notwithstanding anything in the Carnival Ticket Contract, in the event of strike, lockouts,riots or stoppage of labor from whatever causes, or for any other reason whatsoeverbeyond the control of FamilyLife or Carnival, Carnival in its sole discretion may cancel,advance, or postpone any scheduled sailing or call at any port and may (but is not obligatedto) substitute another vessel, and FamilyLife shall not be liable for any loss, costs, expenses,or damages whatsoever to Guests by reason of such cancellation, advancement,postponement, or substitution.In the event that Carnival cancels the Cruise, some or all of the payments may be withheldby Carnival and FamilyLife may incur costs, fees, and expenses. FamilyLife will cooperatewith Guest to refund fees, subject to nonrefundable deposits and other charges toFamilyLife.