TERMS AND CONDITIONS OF CONTRACT OF CARRIAGE

IMPORTANT NOTICE: THESE ARE THE TERMS AND CONDITIONS OF THE LEGALLY BINDING CONTRACT BETWEEN YOU AS OUR GUEST AND AMERICAN QUEEN STEAMBOAT OPERATING COMPANY, LLC, AND VICTORY OPERATING COMPANY, LLC, D/B/A AMERICAN QUEEN VOYAGES. THIS TICKET CONTRACT CONTAINS SUBSTANTIAL PENALTIES FOR CANCELLATION, AS WELL AS CERTAIN LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS CONCERNING OUR LIABILITY FOR YOUR DEATH, ILLNESS OR INJURY, AS WELL AS LIMITATIONS CONCERNING DAMAGE CLAIMS RELATING TO BAGGAGE AND PERSONAL PROPERTY. PLEASE READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY, PAYING PARTICULAR ATTENTION TO SECTIONS 10, 17 AND 29. BY SENDING PAYMENT TO CARRIER, BOARDING THE VESSEL, OR PARTICIPATING IN A CRUISE TOUR YOU AGREE TO ACCEPT AND TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS WHICH FOLLOW, INCLUDING SPECIFICALLY THOSE REGARDING YOUR RIGHTS TO SUE, GOVERNING LAW, FORUM AND JURISDICTION. VACATION PROTECTION INSURANCE COVERAGE IS STRONGLY RECOMMENDED. THANK YOU FOR TAKING THE TIME TO FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS.

1. DEFINITIONS

a. The words “You,” “Your” and “Guest” mean all persons, including minors, traveling under this Ticket Contract and each person’s heirs and personal representatives. Your acceptance of this Ticket Contract represents Your acknowledgment and acceptance of these Terms and Conditions for You and for all other persons traveling under this Ticket Contract, all of whom accept and agree to all the conditions of carriage either written here or which We may separately notify You of in writing.

b. The words “We,” “Us,” “Our” and “Carrier” mean American Queen Steamboat Operating Company, LLC, and Victory Operating Company, LLC, each a limited liability company duly organized and existing under the laws of the State of Delaware, whose principal offices are as shown at the end of this Ticket Contract and which also include its parent, subsidiaries and affiliates (including SEA Operating Company, LLC), as Well as the Charterer, Operator, Manager, Independent Contractors (including caterers, service providers and concessionaires) and their respective Agents, Servants and Employees and the Vessel itself.

c. The word “Vessel” means the vessel chartered, operated, or provided by Us as the Carrier on which You, as Our Guest, will be traveling.

d. The word “Master” means the Captain of the Vessel or any person who acts under his authority.

e. The term “Cruise” means all water transportation aboard the Vessel and the Vessel’s tenders which We agree to provide You pursuant to this Ticket Contract. The term “Cruise Fare” means the total amount paid, excluding Prepaid Charges, in exchange for the Cruise.

f. The term “Cruise Tour” means those additional facilities and services added to the Cruise, including but not limited to pre- or post-Cruise packages, shore excursions, Tours, shoreside activities, water transportation, air transportation, hotel accommodations and ground transportation. The term “Cruise Tour Fare” means the total amount paid for the Cruise Tour, excluding Optional Facilities and Services Fees and personal charges.

g. The term “Prepaid Charges” means that separate amount paid by You to cover the cost of all governmental and quasi-governmental fees, taxes and charges, as Well as ground handling fees and transfer costs and other tariffs, air fuel and fuel surcharges, security and handling fees and administrative and other fees and expenses of a similar nature concerning the specific itinerary of Your Cruise or Cruise Tour. Any increase or decrease in any component of Prepaid Charges may be made the subject of adjustment, in Our discretion.

h. The term “Suite Baggage” means all baggage allowed aboard the Vessel and placed in Your suite according to these terms and conditions. “Other Baggage” means any of Your baggage or other personal property which has been stored at Your request in the Vessel’s baggage room, holds or safe against a receipt.

i. The term “Optional Facilities and Services Fees” means all fees and charges which You voluntarily incur for items which may include, but are not limited to, vacation protection insurance coverage, shore excursions, spa treatments and prepaid gratuities and other optional purchases of products and/or services aboard the Vessel, which are considered earned as those facilities and services are provided either by Us as the Carrier or by third-party providers.

j. “Nonperformance of Transportation” means cancelling or delaying a voyage by three days as defined by 46 C.F.R. 540.2(m).

2. IDENTIFICATION

Your name and the names of all Guests in Your party, the name of the Vessel, the sailing date, Your accommodations, Your total Cruise fare or Cruise Tour Fare and all scheduled ports, including embarkation and final destination are as specified on this Ticket Contract.

3. CRUISE FARE AND CRUISE TOUR FARE; TRAVEL AGENT

We acknowledge receipt of payment by You of the total Cruise Fare or Cruise Tour Fare, and We agree to transport You from the scheduled port of embarkation to the scheduled port of final destination according to all of the terms, conditions, limitation and exceptions contained in this Ticket Contract. The Cruise Fare paid by You covers all normal onboard services and meals (except where a cover charge may be imposed in certain restaurants), accommodations and facilities. Optional Facilities and Services provided by independent contractors and third-party providers may be added to the Cruise Fare by agreement in order to constitute a total Cruise Tour Fare, subject to all of the terms and conditions of this Ticket Contract regarding Our liability. Fares listed, quoted, advertised or booked in error, fuel supplements, government taxes, other surcharges and changes to deposit, payment and cancellation terms/conditions are subject to change without notice. In the event that a Cruise fare listed, quoted or advertised through any Website, the Carrier’s sales or reservations person, travel agent or any other source is booked but is incorrect due to an electronic error, typographical error, human error or any other error causing the fare to be listed, quoted or advertised for an amount not intended by Carrier, Carrier reserves the right to correct the erroneous fare by requesting the Guest to pay the correct fare intended, or by canceling the Cruise in exchange for a full refund, but in no event shall Carrier be obligated to honor any such booking resulting from the error or otherwise be liable in such circumstances.

Should You book a Cruise or Cruise Tour through a travel agent, You acknowledge that Your travel agent acts solely as Your agent and not as an agent for Us. We are not responsible for any representation or covenant that Your travel agent makes to You regarding the Cruise, Cruise Tour or any other services offered by Us. Receipt by Your travel agent of this ticket contract or any other communications, notices, or information from Us shall constitute receipt by You. Additionally, We shall not be responsible for the financial condition or integrity of Your travel agent and You remain liable for the monies due to Us should Your travel agent fail to remit them on Your behalf. Should Your travel agent make any payment to Us on Your behalf, any refund of that payment owed in accordance with this ticket contract will be refunded back to the travel agent and Our obligation to You for such refund shall be fully satisfied.

4. CARRIER’S DISCRETION

As the Carrier, We reserve the right at any time, without notice, to cancel any Cruise or Cruise Tour, to change or postpone the date or time of sailing or arrival, to change the port of embarkation or final destination, to shorten the Cruise or substitute the Vessel or to change or substitute any component of the Cruise Tour, including but not limited to aircraft, other transportation or any hotel at which You are scheduled to stay. If We are required to do any of those things, We will be responsible to You as follows:

a. If We cancel the Cruise or Cruise Tour before it has started, We will refund the Cruise Fare or Cruise Tour Fare that We have actually received .

b. If We delay a voyage by three days, and You chose not to participate in the Cruise, we will refund the Cruise Fare or Cruise Tour Fare that We have actually received.

c. If the scheduled sailing date or time is delayed and as a result of that delay, You are not otherwise accommodated on board the Vessel, We may arrange hotel accommodations and food at no additional expense to You for the duration of the delay.

d. If the scheduled port of embarkation or final destination is changed, We will arrange transportation to the new port from the originally scheduled port.

e. If the Cruise is shortened or terminated, We will, at Our option, either make a proportionate refund of the Cruise Fare and Cruise Tour Fare or We will transfer You to another vessel or the port of final destination by other4means. If the scheduled length of the Cruise is increased, You will have no responsibility for the cost of the additional Cruise fare, and We will have no responsibility to pay or compensate You in any manner, including any direct or consequential damages. In either of the above circumstances, Our responsibility ends once We return You to the point of destination as booked and ticketed by Us.

f. If any component of Your Cruise Tour, such as the hotel at which You are scheduled to stay, is changed or substituted, We will Use reasonable efforts to obtain a substitute for such component that is substantially equivalent therefore but shall have no liability to You in connection with such substitution or change.

g. We may satisfy our obligations for Nonperformance of Transportation, under paragraph 4.a. and 4.b above, by entering into an alternative form of compensation in full satisfaction of a required refund, such as a future cruise credit.

5. THIS TICKET IS NON-TRANSFERABLE

This Ticket Contract is not transferable or assignable by You and is valid only on the Vessel and for the Cruise or Cruise Tour booked by You. Please refer to Your Confirmation for payment terms. No reservations will be issued on a binding basis unless We, as the Carrier, or Our representative receive the required payments. We reserve all rights concerning the pricing and payment of all Cruise Fares and/or Cruise Tour Fares. Travel agents and all other agents are declared to be solely Your agents for the purposes of this Ticket Contract, and all further documents concerning the Cruise and/or Cruise Tour. Cruise Fares and/or Cruise Tour Fares together with Prepaid Charges and Optional Facilities and Service Fees incurred are agreed as fully earned and otherwise paid at the scheduled sailing or departure date, respectively, and will not be refunded in whole or in part except as otherwise noted in this Ticket Contract. Certain changes to Your reservations may constitute a cancellation and are therefore subject to cancellation charges as outlined in Clause 6 of this Ticket Contract.

6. YOUR CANCELLATION POLICY

When We receive a written notice of cancellation from You addressed to Us at Our principal offices (collectively “cancellations”), both parties agree to the following provisions.

a. In the event of cancellations actually received by Us sixty-one (61) days or more prior to sailing date, a refund of all amounts already paid to Us will be made less a $250-per-person administrative fee.

b. In the event of cancellations actually received by Us on or between forty-six (46) days and sixty (60) days prior to sailing date, a refund of all amounts already paid to Us will be made, less a cancellation charge equal to twenty-five percent (25%) of the gross fare.

c. In the event of cancellations actually received by Us on or between thirty-one (31) days and forty-five (45) days prior to sailing date, a refund of all amounts already paid to Us will be made, less a cancellation charge equal to fifty percent (50%) of the gross fare.

d. In the event of cancellations actually received by Us on or between sixteen (16) days and thirty (30) days prior to sailing date, a refund of all amounts already paid to Us will be made, less a cancellation charge equal to seventy-five percent (75%) of the gross fare. If the cancellation charge is more than Your advance payment, You agree to be liable to Us for the difference.

e. In the event of cancellations actually received by Us on or between the sailing date and fifteen (15) days prior to sailing date, a cancellation charge equal to one hundred percent (100%) of the gross fare will be imposed. In addition, any Prepaid Charges, Optional Facilities and Services Fees incurred will not be refunded. If the cancellation charge is more than Your advance payment, You agree to be liable to Us for the difference.

f. In the event that no notice is given or cancellation is not received by Us (“no-show”) prior to sailing date, no refund of the applicable fare will be made, and a cancellation charge equal to one hundred percent (100%) of the gross fare will be imposed. In addition, any Prepaid Charges, Optional Facilities and Services Fees incurred will not be refunded. If the cancellation charge is more than Your advance payment, You agree to be liable to Us for the difference.

g. All appropriate refunds may be made either to You or to Your travel agent, if You are so represented, in the same form as received. Please note that some agents may, in their discretion, withhold an agency cancellation charge. We shall have no responsibility to You for any such agency cancellation charge.

h. Cancellation charges are imposed regardless of resale of the Cruise, hotel or air components. As noted above, all refunds of the applicable fare and Prepaid Charges will be made less cancellation charges, together with Prepaid Charges, Optional Facilities and Service Fees incurred, which may include prepaid hotel, airline, ground-related or immigration related expenses and administrative fees, among others. We highly recommend that all Our Guests purchase vacation protection insurance.

i. Changes to a reservation after deposit and prior to issuance of travel documents may result in assessment of administrative fees and service charges beyond the control of Carrier. Administrative fees and service charges will vary, and are based on the type of change to Your Cruise departure, itinerary or package. Guests are responsible for any additional costs incurred as a result of these changes. Some changes, including name changes, may also be considered cancellations, and applicable fees will be assessed. Any changes to a reservation that result in imposition of airline or other cancellation fees are the responsibility of the Guest. No refund will be made for unused or partially Used portions of the Cruise, air or land programs, including shore excursions, except as specifically outlined in this Ticket Contract.

For complete details on the terms and conditions governing shore excursions, including Our shore excursions cancellation policy, please review the Shore Excursions Terms and Conditions on Our Website which are incorporated herein by reference.

7. GUEST’S WARRANTIES

You warrant that You and all other Guests traveling with You are physically, emotionally and otherwise fit to undertake the Cruise or Cruise Tour; that You and they have received all medical inoculations necessary; that You and they will at all times comply with the Vessel’s rules and regulations and orders and directions of the Vessel’s Master, officers and medical staff; and that Your conduct will not impair the safety of the Vessel or jeopardize or inconvenience other Guests. We may disembark at any port any Guest who may be suffering from contagious or infectious diseases or whose presence, in the opinion of the Master, may be detrimental to the comfort or safety of other Guests or the crew. In such cases, the Guest shall not be entitled to any refund of the Cruise fare or Cruise Tour fare or any compensation whatsoever.

8. EMBARKATION

Upon embarkation, You shall have in Your possession this Ticket Contract and appropriate valid passports, visas, proofs of citizenship and/or public health documents as may be required by governmental authorities or certain ports of call within your itinerary. Each Guest is solely responsible for obtaining such documentation. Without proper documentation, We, as Carrier, may deny boarding, and shall not be responsible for any refund or be otherwise liable for any losses or delays or be other otherwise liable to any Guest for such denial, incurred by Your failure, or that of others, to maintain all of said necessary documents. In the event that Carrier provides courtesy advice to Guest regarding necessary travel documentation, Carrier does warrant or guarantee the accuracy of such advice, and Guest remains solely responsible for independently verifying and obtaining appropriate documents. Passports must be valid six (6) months beyond the conclusion of your voyage. You are required to be at the airport gate at least two (2) hours prior to the scheduled departure of air transportation, and are required to be aboard the Vessel at least one (1) hour before scheduled departure time. Notwithstanding the other provisions of this paragraph, We reserve the right, in Our sole discretion, to deny embarkation to any person for any reason (other than discrimination on the basis of race, religion, national origin, gender, sexual preference or other legally impermissible classification). Where We deny embarkation to any Guest at Our discretion, We shall refund to You the Cruise Fare or Cruise Tour fare paid by You, and We shall have no further liability to You whatsoever. In addition, Clause 19 below requires You to advise Us in writing of any physical, emotional or mental condition which may require attention during the Cruise and to advise Us if You are physically challenged or require the Use of a wheelchair or other similar permitted equipment. You may be refused embarkation if You, in Our sole opinion, are not physically, mentally, emotionally or otherwise fit to undertake the scheduled voyage, or if You fail to follow the notification requirements of Clause 19 or if You attempt to bring on the Vessel equipment not permitted on board, in which case You shall forfeit the applicable Cruise Fare or Cruise Tour Fare in full, and We shall have no further liability to You whatsoever.

9. DISEMBARKATION

Guest acknowledges that on voyages commencing in a United States port, on a round-trip or one-way international voyage via one or more United States ports, Guest must complete the voyage and disembark at the scheduled disembarkation port. Failure to disembark at the scheduled disembarkation port could violate applicable U.S. cabotage requirements and could result in a fine or penalty. You acknowledge that you will reimburse Us for any fines or penalties imposed on Us due to your decision to voluntarily disembark at a port other than the scheduled disembarkation port.

10. CARRIER’S RIGHTS

The Vessel, either before embarkation or at any time thereafter and whether or not required by any maritime necessity, may remain in port, proceed by any route and deviate from or change the advertised scheduled or intended route at any stage of the voyage and may proceed to and stay at any places whatsoever, although in a contrary direction to, outside of or beyond the Usual route, one or more times, in any order, for or due to:
a. loading or discharging fuel, stores, laborers, stowaways, Guests or members of the Vessel’s company;
b. war, hostilities, blockage, ice, labor conflicts, Weather, fire, surf, shallow waters, high waters, insurrections, congestions, docking difficulties;
c. disturbances on board or ashore;
d. restraint of any Governmental Authority;
e. breakdown of the vessel; or
f. any other reason whatsoever that Carrier or Master may deem advisable for this, or any prior or subsequent voyage. Any such procedure shall be considered not to be a deviation but within the voyage herein intended as fully as if specifically described herein. The above mentioned provisions are not to be considered as restricted by any words of this Ticket Contract whether written, stamped or printed. The Vessel may adjust compass, drydock or go on ways before or after commencement of the voyage, and may sail without pilots, tow or be towed and assist vessels in all situations and deviate for the purposes of saving life or property.

If the performance of the proposed voyage is hindered or prevented (or in the opinion of the Carrier or Master, is likely to be hindered or prevented) by any of the reasons listed in 9.b. through e. above, or if Carrier or the Master of the Vessel consider that for any reason whatsoever, beyond the control of the Carrier, proceeding to, attempting to enter or entering or remaining at any port may expose the Vessel to risk of loss or damage, or be likely to delay the Vessel, We may deviate from the scheduled Cruise by omitting, adding or changing the dates for any port or destination, and may provide alternate transportation to some or all of the ports or the destination, and You and Your baggage may be landed at any port or place at which the Vessel may call, in which event Our responsibility shall cease and this Ticket Contract shall be deemed to have been fully performed subject to the provisions in paragraph 4.

11. CARRIER’S LIABILITY

Our responsibility as the Carrier for death, injury, illness, damage, delay or other loss to person or property of any kind suffered by You or any of the other Guests in Your party shall, in the first instance, be governed by the limitations of liability set forth in the statutory maritime and general laws of the United States (including but not limited to the Limitation of Liability Act of 1851 and 46 USC 30501 et. seq.), as the law governing this Ticket Contract, exclusive of conflicts of laws provisions. We shall not be liable for any such death, injury, illness, damage, delay, loss or detriment caused by Act of God, war or warlike operations, civil commotions, labor trouble, interference by Authorities, perils of the sea, lurching of the Vessel or any other cause beyond Our control, fire, thefts or any other crime, errors in the navigation or management of the Vessel or defect in or unseaworthiness of hull, machinery, appurtenances, equipment, furnishing or supplies of the Vessel, fault or neglect of pilot, tugs, agents, independent contractors, including without limitation the Vessel’s medical personnel, You or other persons on board not in Our employ or any other cause of whatsoever nature except and unless it is proven that such death, injury, illness, damage, delay or loss resulted from Our act or omission committed during the course of the carriage and due to Our fault or neglect or any of Our servants or agents acting within the scope of their employment.
Guest agrees that the Carrier shall not be liable under any circumstances for any incident, injury, or property damage arising from events occurring outside of the Guest areas of the Vessel or outside of the Vessel itself, including but not limited to those events occurring ashore or on shore excursions not operated by Us, on tenders not owned or operated by the Carrier, on or resulting from equipment not a part of the Vessel, upon docks and/or piers not owned by Us, or involving persons employed on board the Vessel acting outside the course and scope of employment.

Carrier shall not be liable to the Guest for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, when such damages Were neither the result of a physical injury to the Guest, nor the result of that Guest having been at actual risk of physical injury, nor Were intentionally inflicted by the Carrier. If You Use the Vessel’s athletic or recreational equipment or take part in organized or individual activities, whether on or off the Vessel or as part of a shore excursion, You assume the risk of injury, death, illness or other loss, and Carrier shall not be liable in any way whatsoever.

Our liability as Carrier for Suite Baggage and other baggage shall be limited to a maximum of $500-per-bag. Should You desire an extension of Our liability of $500, You should declare the true value of the property and pay to Us an amount of money calculated at 5% of the true value declared, up to $5,000. Liability will then be extended to the amount of the true value declared but in no event exceeding $5,000. NO SUIT SHALL BE MAINTAINABLE AGAINST US UPON ANY CLAIM IN CONNECTION WITH THIS TRANSPORTATION OR TICKET CONTRACT RELATING TO THE SUITE BAGGAGE OR OTHER BAGGAGE OR ANY PROPERTY UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS SHALL BE DELIVERED TO US OR OUR AGENT AT OUR OFFICE AT ANY ADDRESS SET FORTH HEREIN WITHIN THIRTY (30) DAYS AFTER TERMINATION OF THE VOYAGE TO WHICH THIS TICKET CONTRACT RELATES, AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST THE CARRIER WITH RESPECT TO SUITE BAGGAGE OR OTHER BAGGAGE OR PROPERTY BE MAINTAINABLE UNLESS SUIT SHALL BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE TERMINATION OF THE VOYAGE, NOTWITHSTANDING ANY PROVISION OF APPLICABLE LAW TO THE CONTRARY. NO SUIT SHALL BE MAINTAINED AGAINST US FOR DELAY, DETENTION, PERSONAL INJURY, ILLNESS OR DEATH OF THE GUEST OR FOR ANY OTHER CLAIM UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS ARE DELIVERED TO US OR OUR AGENT AT ANY ADDRESS SET FORTH HEREIN WITHIN SIX (6) MONTHS FROM THE DAY WHEN SUCH DELAY, DETENTION, PERSONAL INJURY, ILLNESS OR DEATH OF THE GUEST OR CLAIM OCCURRED; AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST US WITH RESPECT TO DELAY, DETENTION, PERSONAL INJURY, ILLNESS, DEATH OR ANY OTHER CLAIM BE MAINTAINABLE, UNLESS SUIT SHALL BE COMMENCED WITHIN ONE (1) YEAR FROM THE DAY WHEN THE DELAY, DETENTION, PERSONAL INJURY, ILLNESS, DEATH OF THE GUEST OF CLAIM OCCURRED, NOT WITHSTANDING ANY PROVISION OF APPLICABLE LAW TO THE CONTRARY. GUESTS AGREE THAT ANY CLAIM OR CAUSE OF ACTION BROUGHT AGAINST THE CARRIER SHALL BE LITIGATED SOLELY IN A PERSONAL CAPACITY, AND NOT AS A MEMBER OF A CLASS ACTION OR IN ANY OTHER REPRESENTATIVE CAPACITY.

The requirements of this Clause cannot be waived by any of Our agents or employees; they may be waived only by express written agreement of one of Our directors having authority in the premises.

Notwithstanding the foregoing, We shall in no event be liable to You in respect of any occurrence prior to embarkation or after disembarkation from the Vessel named herein or substitute, or, with respect to any baggage, when the same is in Our custody at any shore side installation. We shall in no event be liable for the loss of or damage to cash, securities, gold, silverware, jewelry, ornaments, works of art or other valuables unless the same have been deposited with Us against receipt for the agreed purpose of safekeeping. In the event of such a deposit, Our liability for loss or damage thereof shall be limited to $100, unless value exceeding that amount is declared in writing. If the declared value exceeds $100, We are entitled to charge 5% of value declared, up to $5,000. Upon payment of this charge, liability will be extended to the true value declared but in no event shall We be liable for an amount exceeding $5,000.

We have made arrangements on Your behalf for the provision of travel facilities and services other than water transportation with various independent contractors and not as an agent of those independent contractors. No representations or warranties of any kind are made with respect to the suitability, safety, insurance or other aspects of facilities or services offered by independent contractors. We assume no responsibility in whole or in part for any delays, delayed departures or arrivals, missed connections, loss, death, damage or injury to person or property, accident, mechanical defect, failure or negligence of any nature however caused in connection with any independent contractor accommodations, transportation, services or facilities, substitution of hotels, common carriers or equipment or for any additional expenses occasioned thereby. We reserve the right to choose the air carrier, routing and gateway locations, as Well as the right to substitute charter flights for scheduled service and vice versa. If the entire Cruise or Cruise Tour is canceled by Us for any reason, Guests shall have no claim other than for a full refund of the Cruise Fare or the Cruise Tour Fare, whichever is applicable. The airlines and other transportation companies concerned are to be held responsible for any act, omission or event during the time You are on board their conveyances. This Ticket Contract constitutes the sole agreement between Us and You, it being understood that the various independent contractors otherwise participating in the Cruise or Cruise Tour will enter into their own separate contractual arrangements with You, and that You assume the risk of utilizing the services and facilities of those independent contractors. Any penalties, change fees or cancellation fees that result from changes to or cancellation of air arrangements are the sole responsibility of the Guest.

If any claim is brought against Us in a jurisdiction where any of the applicable limitations and exemptions contained in the foregoing subparagraphs are legally unenforceable, then in such event We shall not be liable for death, injury, illness, damage, delay or other loss or detriment to person or property arising out of any cause of whatsoever nature if not shown to have been caused by Our negligence.