Cruise Date 15 May 2018 Res No __________
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Cabin/C Ocean or B Ocean Stateroom/Tabua Suite (circle) |
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I have cruised with Captain Cook
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I have read, understood, and agree to comply with
all the terms and conditions presented in this booking form and through
making advance payment agree to be bound by the terms and conditions of the Passenger
Cruise Contract, a copy of which I have retained. |
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If you do not wish to join our free past passengers
“Captains Club” and receive discount promotional offers, please tick this box
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Passenger Cruise
Contract
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IMPORTANT NOTICE: Please carefully read the
terms of this Cruise Contract. The terms are an integral part of the contract
between passengers and the Company. When your booking/ticket is confirmed, it
will be deemed at all times that you have read, understood and accepted the
conditions hereof, and agreed to the terms herein contained. Attention is
particularly drawn to the Company’s right to exemption and limitation of liability.
1. THE CONTRACT: Upon payment of the fare for the agreed cruise described on the passenger ticket and the Company’s brochure and subject to the other terms of this contract, Captain Cook Cruises agrees to accept the passenger or passengers named in the passenger ticket.
2. DEFINITIONS: (a) “Passenger” means anyone buying
the passenger ticket or using it as a passenger, or anyone named on the ticket.
(b) “Carrier” includes the Company and the vessel named on the passenger
ticket, her owners, charterers and operators, any substituted or connecting
vessel and all launches and vehicles belonging to the vessel or owners or
operated by any of the above. The Company is not a common carrier. (c) “Sea”
means the waterways o
3. GENERAL PROVISIONS: (a) Your authority to agree.
In buying the passenger ticket you state that you are authorised by or on
behalf of any passenger listed on the ticket (including any minor) to agree to
all the terms of this contract. (b) No transfer. This contract is between the
Carrier and the passenger. It cannot be sold, assigned or transferred to any
other person without prior express written consent of the Carrier. (c) No third
party responsibility. This contract is only with the Carrier. No other person
or Company shall be responsible in any way to the passenger. (d) Limitations
apply if third party is held responsible. However if any other person or
Company is held responsible, all benefits, limitations, exemptions from
liability, defences and immunities referred to in this contract or under law or
treaty or from any other source apply to such persons or Company and their
vessels, agents, servants and employees. (e) Contract continues. This contract
remains in effect for all periods when the Carrier is under any responsibility
to the passenger or the passenger’s property. (f) No oral changes. No addition,
variations, or waiver of any of the printed terms of the contract can be
effective unless it is expressed in writing and signed by the Carrier or its
Authorised Agent. Any changes must refer to the passenger and ticket Number.
Any waiver by the Carrier of any of its rights under this contract, or failure
to assert or enforce such right cannot affect any other rights of the Carrier.
It will not affect even the same right if and when the Carrier may decide to
apply that right. (g) Invalid terms or applications do not affect remainder. If
any term of this contract or any application are found invalid or
unenforceable, this contract shall continue in full force and effect for all
other purposes.
4. PASSAGE MONEY: (a) Payment of fare. The fare
agreed between the passenger and the Carrier shall be payable as follows:
(Three hundred dollars per person at the time of booking; (ii) Balance of fare
at least sixty days prior to sailing date. (b) Increases. The validity of fares
are detailed in the Company’s brochure. (c) What is covered. The fare as agreed
shall include cruise passage, food and accommodation while onboard. The fare
does not include Gratuities, Drinks, Wines, Liquors, Gift Shop purchases, Shore
Excursions, Miscellaneous extras or other personal needs, or medical care.
Payment for all additional goods and services must be made in cash or by credit
card upon demand by the Carrier prior to the passenger’s disembarkation.
5. CANCELLATION BY THE PASSENGER: The passenger shall
be entitled to withdraw from the passage contract only upon the times or events
set out as follows: (i) At least 60 days in advance. If the passenger gives
written notice of cancellation more than 60 days in advance when a $50 admin
fee per person will be charged. (ii) From 30 days to 59 days. If the passenger
gives written notice of cancellation between 30 days and 59 days before the
sailing date the passenger will forfeit their $300 per person deposit (iii) From 15 days to 29 days. If the
passenger gives written notice of cancellation between 15 days and 29 days
before the sailing date the passenger shall be liable to pay 50% of the agreed
fare. (iv) Less than 14 days. If the passenger gives written notice of
cancellation less than 14 days before the sailing date, the passenger will be
subject to a cancellation charge equal to 100% of the fare. (v) Cancellation
fees, less the administration fee, may be applied to another cruise if
completed within 12 months of the original booking.
6. NO STOPOVERS OR DISEMBARKATION AT INTERMEDIATE
POINTS WITHOUT APPROVAL: FAILURE TO MAKE SAILING: (a) Unauthorised
disembarkation. If the passenger interrupts the cruise and disembarks at an
intermediate port or place without prior agreement or the written approval or
permission of the Carrier, its servants or agents, the passenger does so at the
passenger’s own risk and expense. No refunds will be made in such cases. (b)
Failure to make sailing. If the passenger misses any sailing of the vessel from
any port, the Carrier shall not be liable for any costs, expenses or damages
incurred by the passenger as a result thereof.
7. ACCOMMODATION: NO PETS OR ANIMALS: (a) Adherence
to rules. All passengers must abide by all rules and regulations of this
contract. Any questions a passenger may have shall be directed to the Carrier’s
General Agent or to the master onboard the vessel or his representatives. (b)
Accommodation. Accommodation shall be designated by the Carrier, his servants
or agents and shall be paid for at the regular rate for such accommodation. (c)
Involuntary disembarkation of passenger. The Carrier may refuse to transport
and may disembark any passenger at port at any time, due to illness, disease,
injury, mental problems, vulgar or improper conduct, abuse of alcohol or drugs,
refusal to obey regulations, or whose presence in the opinion of the master may
be detrimental to the comfort or safety of other passengers, the vessel or the
crew. The Carrier shall not be liable for any expenses incurred in declining to
carry a passenger or for the involuntary disembarkation of a passenger. (d) No
pets. Pets and other animals are not allowed on the vessel.
8. PASSENGER HEALTH: CARRIER NOT LIABLE FOR MEDICAL
CARE OR EXPENSES WHATSOEVER: (a) Passenger is fit for the cruise. The passenger
warrants that he or she is physically fit and capable of undertaking the agreed
cruise. The Carrier in its sole discretion may require a Doctor’s Certificate
from any passenger in that regard. A certificate of Fitness to Travel is
required from all passengers over 75 years of age. (b) Consent to treatment.
If, in the opinion of the Carrier, a passenger is in need of medical assistance
and is unable to request it, the passenger hereby consents to the Carrier
making such medical arrangements as it deems necessary, at the cost of the
passenger. (c) Passenger’s obligation to report medical conditions. The
passenger must report any pre-existing illness, disability or pregnancy or any
other conditions for which the passenger may require medical attention during
the course of the voyage to the Carrier or its General Agent before the
passenger ticket is issued. If any such condition arises after the ticket is
issued it must be reported to the Carrier, its servants or agents before
boarding or as soon as such illness or disability is known. Failure to report
any such condition shall completely absolve the Carrier, its servants or agents
from all or any liability in respect of such condition. (d) Lack of obligation
to examine passenger. The Carrier does not have any obligation to examine any
passenger prior to boarding or sailing for any purpose, and the Carrier relies
entirely on the passenger’s warranty as to fitness herein before referred to
(e) Refusal of passage. The Carrier reserves the right to refuse passage to a
passenger who has failed to give proper notice of physical disability, illness
or handicap requiring special care, attention or treatment or who in the
Carrier’s
Credit card authority Form
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Expiry Date |
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Amount to Charge |
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I
understand that a 1.5% Visa & M/C OR 3% Amex surcharge applies to all
credit card payments. (Added to this total). |
Address of card holder |
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Date of cruise & number of nights |
15 May 2018 |
Duration:
7 nights |
I agree to pay
the amount stated above plus credit card surcharge applicable |
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Cardholder Signature |
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Date: |
If you do not wish to join our free past passengers
“Captains Club” and receive discount promotional offers, please tick this box
ð |
A $600 per person
deposit is payable within 7 days to confirm your booking with final payment due
120 days prior to departure. We regret
your booking may be cancelled if payment is not received by the due date.
opinion is physically or mentally unfit for travel.
In such event the fare will be refunded at the sole discretion of the Carrier,
and the Carrier shall be entitled to deduct any expenses associated therewith.
(f) Treatment at passenger’s risk. Subject to the foregoing, any medicines,
surgical attendance or medical treatment furnished by a qualified Doctor or
Medical service personnel (all of whom are engaged as independent contractors)
designated by the Carrier or the ship’s officers or other servants of the
Carrier, shall be and are accepted at the passenger’s sole risk, and the
Carrier shall not be responsible for the quality, nature or consequence
thereof.
9. CARRIER’S RIGHT TO CANCEL, SUBSTITUTE VESSELS AND
CHANGE SCHEDULES AND PORTS: (a) Changes in vessels. The Carrier may at any
time, without notice, cancel or change the date of sailing, or substitute
vessels. The passenger shall have no claim against the Carrier by reason of any
cancellation, change or delay of sailing or arrival, for hotel or board bills,
travelling expenses or other loss, delay, inconvenience or expense whatsoever
subject to the Maritime Transport Decree 2013 The Carrier will refund the fare
paid if and only if the passenger does not subsequently take passage on the
delayed vessel or any substituted vessel of the Carrier. The provision of this
section may only be waived by the Carrier. (b) Approximate schedules. Sailing
schedules and times of arrival and departure may be altered at the discretion
of the ship’s master or Carrier due to unforeseen circumstances. Any costs of
food and accommodation ashore are the sole responsibility of the passenger. (c)
Deviations. The vessel and her master shall have the liberty to; without
pilots, *tow and assist vessels, including those of the carrier in all
situations, *deviate from the usual, advertised or scheduled route, * put back
to or into, or to call or stop, or omit to call or stop at any port or place,
on land or at sea in or out of the route of the usual, advertised or scheduled
voyage, even though doing so may involve going backwards or away from the port
of destination. These things may be done for any reasons which are sufficient
in the judgement of the Carrier or the master, including but not limited to,
offering or rendering assistance in every effort to preserve life or property.
(d) Government and underwriters’ orders. The vessel and the master shall have
liberty to comply with all orders given by competent governmental authorities
and the underwriters of the vessel and the Carrier. (e) Interruption of voyage.
(i) Acts of God etc. If the vessels’ voyage is interrupted or if the vessel is
unduly delayed or prevented from proceeding in the ordinary course by – *acts
of God, *perils of the sea, harbours, rivers or other navigable waters, *act of
government or ruling authority, *epidemics, *collision, *stranding, *fire,
*faults or errors of navigation or management of this or any other vessel,
*seizure of the vessel under legal process, *any abrupt or unexpected increase
in the cost of fuel or shortage of fuel, *war, *hostilities, *riots, *strikes
or labour stoppages, or *any other cause or circumstance beyond the Carrier’s
responsibility and control. The Carrier shall have the right to terminate the
vessel’s voyage at any time without notice and for any reason whatsoever. In
that event the Carrier may (at its absolute discretion, of which it shall be
the sole judge) refund such proportionate part of the fare. (f) Indemnity by
passenger. The Carrier shall have the right to be indemnified by the passenger
for all penalties, fines, charges, losses and expenses imposed upon or incurred
by the Carrier or the vessel because of the passenger, or a minor or any other
person in the passenger’s care.
10. REGULATIONS CONCERNING BAGGAGE & PERSONAL
PROPERTY: (a) Baggage means only trunks, handbags, valise, satchels and
bundles, containing wearing apparel and personal effects. (b) Limitation of
shipments and liability. The Carrier does not undertake to carry as baggage any
merchandise, samples, furniture, household goods, tools of trade, property
belonging to any person other than the passenger, pictures, perishable goods, glassware,
liquids, bric-a-brac, money, documents or valuables. The passenger states no
such articles are or will be contained in any receptacle or container presented
as baggage. (c) If any such baggage or articles as referred to in (a) and (b)
above are shipped by the passenger as baggage, the Carrier shall have no
liability as bailee or carrier or in any other capacity, either for negligence
or otherwise. (d) Allowable weight or cubage. Each passenger is allowed free
transportation of hand baggage not exceeding 0.5 cubic metres in volume. Each
additional piece will be charged for at the Carrier’s current rate. (e) Marking
of baggage. Each piece of baggage shall be marked with the full name and
address of the passenger. The Carrier shall not be liable for loss, damage or
delay resulting from the passenger’s failure to mark each piece of baggage
plainly as directed. (f) Hazardous items. The passenger shall not place in
baggage firearms, inflammable matter of any kind such as matches, gunpowder,
cartridges, films etc. Such articles may be thrown overboard or destroyed at
any time without liability. Should loss, damage or delay to the vessel, or her
cargo, or to any of the passengers, the crew, or other persons onboard, be
caused by dangerous articles brought by the Passenger, the passenger shall be
liable for the full amount of all resulting damage. (g) Forbidden items. The
passenger shall not bring onboard articles, the importation or exportation of
which may be forbidden or which do not conform to the customs or police
regulations and the laws of
11. LIMITATION ON CARRIER’S LIABILITY: (a) No
liability for certain events. The Carrier and the vessel shall not be liable
for loss, death, or delay of, or injury to, any passenger or loss or damage or
delay to his baggage, personal effects or other property, arising from: *acts
of God, *public enemy, *government restraint, *riots, *strikes, *lockouts,
*labour troubles, whoever may be the instigators thereof, *epidemic, *civil
disturbances of whatever nature, *perils of the sea, harbours, rivers, or other
navigable waters, *fuel shortages or abrupt and unexpected increase in fuel
costs, *collision, *stranding, *fire, *theft, barratry, or any other crime by
any person, *faults or errors of navigation or management of this or any other
vessel, *explosions, *breakage of shafts or any defect or unseaworthiness in hull,
machinery or appurtenances, equipment, furnishings or supplies of the vessel or
launches or vehicles or any defect of the Carrier’s premises, at whatever time
existing, *fault or neglect of pilots, tugs, regular members of the crew,
agents, servants, independent contractors, *as particularly provided in Section
9 above, for the quality, nature or consequences of medical or surgical
treatment, *any loss, damage or delay arising from inherent defect, quality or
vice of the passenger’s baggage or personal effects or from the insufficiency,
inadequacy or absence of baggage marks or of address or description of such
baggage or effects. *Any loss or damage caused by delay in, or prevention of
sailing, prolongation of the voyage, deviation or stoppage in transit, or from
any calls at ports or departures from the regular course of the voyage
permitted by the contract, *seizure of the vessel under legal process, *any
act, omission, fault or negligence of this or any other passenger, *any other
cause or circumstance beyond the control of the Carrier, whether or not of the
kinds listed here. (b) Limitation on Carrier’s liability with respect to
baggage and personal property. This liability shall not exceed one hundred
Fijian Dollars in the event of loss, damage or delay to any of the passenger’s
baggage or other property taken with him/her on the voyage.
12. OTHER OPERATORS: Whilst all care is taken, no
responsibility/liability whatsoever is borne or accepted by the Company for any
other operator that is included, for any reason, as part of a package holiday,
or conference or meeting within the Company’s Ship. The passenger agrees that
any independent contractors with whom the Company so contracts provide their
services subject to their usual terms and conditions.