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TERMS AND CONDITIONS
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General Terms & Conditions Please read these Terms & Conditions carefully. They include important information you will need to know before you book a Crystal cruise, and are some of the Terms & Conditions which form part of the Ticket contract pursuant to which you travel with Crystal Cruises. These Terms & Conditions are subject to change with or without notice. The entire Terms & Conditions that form the Ticket contract by which you are bound are available through Crystal Cruises.
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Definitions
The term "Ticket" refers to the terms and conditions of the Passage Contract as indicated below. The term "Guest" refers to a passenger on the ship and includes every person named on the face of the Ticket; the term "Ship" includes the ship named in the Ticket or any ship substituted for the ship named in the Ticket, and its tenders or any other means of conveyance controlled by Crystal Cruises; the term "Crystal Cruises" or "Crystal" includes the Ship, its owner, operator, manager, charterer and agents, any and all affiliated or related companies and the sales representatives and all employees of such individuals and companies.
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Cruise Fare
A. Cruise fare includes all normal shipboard services and facilities plus all non-alcoholic beverages. The cruise fare does not include port, security and handling charges, fuel surcharges, other surcharges, airfare, transfers, shore excursions, sightseeing or meals ashore, taxes, gratuities, visa fees, liquor, wines, laundry or valet service, or any item or service whatsoever of a personal nature, such as medical treatment, massage, spa services or hairstyling. Transfers between the airport and ship on the day of embarkation and disembarkation are included for Guests purchasing Crystal Cruises' Air/Sea Program, as detailed in the Crystal Cruises brochure.
B. All published prices are subject to change at any time. Crystal Cruises reserves the right to collect the rate in effect at the time of sailing.
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Non-Transferability/Binding Effect
The Ticket is valid only for the Guest or Guests named on the ticket for the date and Ship indicated. It may not be sold or transferred. The Terms and Conditions of the Ticket are binding on, and confer benefits to, the Guest, the Guest's spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. The Guest represents and warrants that he or she is duly authorized by and on behalf of all Guests (including children) named on the Ticket to agree to all of the terms and conditions of the Ticket and to bind all such Guests to such terms and conditions.
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Embarkation
The Guest is required to be on board the Ship at least 90 minutes before departure time. At the time of embarkation the Guest is responsible for having received all medical inoculations necessary for the voyage and having in his or her possession the Ticket, valid passport, visas and other documents necessary for the scheduled ports-of-call and disembarkation. If the Guest does not have proper documentation he or she will not be allowed to board the ship.
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Cancellations Prior to Embarkation
Cancellation requests must be by telephone or in writing to Crystal Cruises. If the request is received by Crystal Cruises more than 75 days prior to the Crystal Air/Sea Program or, for non Air/Sea Guests, the Cruise, departure date ("Departure Date"), a full refund of Total Fare (including cruise, air, hotel and Extended Land Programs) will be made to the Guest through the travel agent, except as noted herein below. Later cancellations will be assessed the following charges by Crystal Cruises, regardless of a name change or stateroom resale: 75 to 45 days before the Departure Date: 10% of Total Fare (including cruise, air, hotel and Extended Land Programs) per Guest; 44 to 15 days before the Departure Date: 50%; 14 days and thereafter before the Departure Date: 100%.
All appropriate refunds will be made to the Guest through the travel agent, except for those payments made by credit card, in which case the amount of the refund will be credited directly to the cardholder's account. Any inquiries about a refund must be made by the Guest to the travel agent. Some agents may, at their discretion, withhold an agency cancellation fee. Crystal Cruises will not be responsible for the receipt by the Guest of refund monies, except for those refunds made to credit cardholder's account.
2009 World Cruise Cancellation Information: The following per Guest cancellation fees will apply for the full 2009 World Cruise and all 2009 World Cruise segments (38 days or more): 150-76 days before departure = 20% of Total Fare (including cruise, air, hotel and Extended Land Programs); 75-45 days = 50%; 44 days and thereafter = 100%. 2009 World Cruise segments (37 days and less): 90-61 days before departure = 10%; 60-31 days = 50%; 30 days and thereafter = 100%. Note: Refunds relating to other changes on non-canceled bookings will be sent directly to Guests' travel agents for appropriate disbursement unless specifically requested otherwise.
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Baggage, Valuables And Other Possessions
Each Guest may bring aboard the Ship a reasonable amount of clothing and personal effects without charge, subject to airline restrictions. All baggage must be securely packed and distinctly labeled with the Guest's full name, the name of the Ship, the stateroom number of the Guest and the sailing date of the Ship.
Weapons, ammunition, explosives, substances that are hazardous, disabling, or illegal, or any other article that in the opinion of the master shall be deemed dangerous, are strictly prohibited aboard the Ship. Such additional dangerous articles include, but are not limited to, firearms, stun guns, swords, ice picks or knives. A more comprehensive list of prohibited items is available through Crystal Cruises' Onboard Guest Services. Any such items shall be surrendered to the Captain at embarkation, and may be disposed of in the sole discretion of the Captain.
Pets and other animals, except for service animals as described in these terms and conditions, are not allowed on board the Ship. Crystal Cruises' Onboard Guest Services should be notified at least 30 days prior to the cruise if a Guest intends on bringing a service animal on board the ship.
Hand or unlocked baggage, breakable items and valuables, including but not limited to jewelry, watches, money, precious stones and metals, securities, financial instruments and/or tickets, must be hand-carried by Guests on and off the Ship; are the full responsibility of the Guest at all times; and may not be included with checked baggage. All checked baggage must be locked. Crystal Cruises is not responsible for loss of or damage to such items.
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Liability Limitations For Loss Of Or Damage To Property
The total value of the luggage, valuables and other personal belongings of a Guest aboard the ship who does not purchase Crystal Cruises' Cruise Protection Program, as set forth in paragraph 8, or who does not deposit valuables for safekeeping, as described in the Ticket, shall be deemed not to exceed the amount of U.S. $250 per Guest, and Crystal Cruises' liability, if any, for loss of or damage to such belongings is limited to a maximum of U.S. $250 per Guest.
Crystal Cruises provides safekeeping for valuables aboard ship and encourages Guests to deposit any jewelry or other valuables brought aboard the Ship with the Reception Desk staff who will issue a receipt for such valuables. Crystal Cruises provides an in-room personal safe for your convenience. However, Crystal Cruises shall not be liable for any loss of or damage to money, jewelry, watches, precious stones and metals, securities, financial instruments, tickets and/or other valuables unless they have been delivered to the Reception Desk for safekeeping and a receipt issued. The value of articles delivered for safekeeping shall be deemed not to exceed U.S. $250 unless the Guest declares in writing the articles delivered are of a higher value.
All settlements will be made on the basis of actual cash value (replacement cost, less depreciation) to the extent of the $250 limit of liability of Crystal Cruises. Claims for damaged items will be settled on the basis of cost of repair. No amount shall be paid in settlement of any claim without proof of the actual cash value, or repair cost, as appropriate, arising from the loss or damage. Such proof must be sent to Crystal Cruises. Crystal Cruises' liability must also be proven before any settlement will be paid.
Personal belongings lost while unattended in public lounges or other public areas, whether on board the Ship or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, and other acts-of-God are not reimbursable.
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Cruise Protection Program
Crystal Cruises' Cruise Protection Program is insurance available for purchase by Guests. The Cruise Protection Program (including trip cancellation coverage) is administered by BerkelyCare, Ltd. The Cruise Protection Program description of coverage may be obtained from the Crystal Cruises Desk at 1-800-521-4591 or by writing to Crystal Cruises. The Cruise Protection Program is available at the cost in effect at the time of booking. If purchased, the Cruise Protection Program premium must be paid in full with the final cruise payment; it cannot be added at a later date and is not refundable under any circumstances.
A. Cancellation: Cancellation fees will be assessed according to paragraph 5, "Cancellations Prior to Embarkation." Refunds, if any, will be made to Guests who have purchased the Cruise Protection Program and only in accordance with the terms and conditions of the Cruise Protection Program.
B. Baggage Protection: Coverage for loss of or damage to baggage and other personal property of Guests who purchase the Cruise Protection Program is described in the Cruise Protection Program brochure. Such insurance coverage does not include any amounts or any property not specifically set forth in that brochure. Other than as elsewhere stated in this passage contract, Crystal Cruises shall have no liability of any kind for any reason for loss of or damage to baggage or personal effects.
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Time Limits And Notice Requirements For Property And Other Non-Personal Injury Claims
A written claim for loss of or damage to baggage, valuables and other personal belongings must be made to Crystal Cruises before the Guest leaves the disembarkation area to enable Crystal Cruises to investigate any damage and to conduct a search for claimed lost articles; all other non-personal injury claims must be made in writing as soon as they arise; any suit must be filed within six (6) months from the date the Guest disembarks from the Ship and served within ninety (90) days from the date of filing or the Guest waives and releases any right he or she may have to make a claim against Crystal Cruises for any such loss or damage.
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Itinerary/Right To Change/Detention
Crystal Cruises reserves the right at its sole option and discretion and that of the Captain of the Ship without liability for damages or refund of any kind, to deviate from the Ship's advertised or ordinary itinerary or route, to delay, advance or cancel any sailing, to omit or change ports-of-call, to arrange for substantially equivalent transportation by another vessel and/or by other means of transportation, to cause the Guest to disembark from the Ship temporarily or permanently, to tow or to be towed or assist other vessels or to perform any similar act which, in its sole judgment and discretion, is justified for any reason. Crystal Cruises may for any reason whatsoever cancel any sailing at any time before departure of the Ship. In such event, Crystal Cruises' only liability will be to refund to the Guest the amount it has received for the Ticket.
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Health/Pregnancy/Children/Disability/Wheelchair/Security/Indemnification
A. The Guest represents and warrants that the Guest is physically and otherwise fit to travel; that he or she will at all times comply with the Ship's rules and regulations and orders and directions of the Ship's officers and medical staff; that his or her conduct will not impair the safety of the Ship or inconvenience other Guests. Crystal Cruises is unable to accommodate women past their 6th month of pregnancy.
B. Crystal Cruises, the Captain or medical officer of the Ship without liability at any time may refuse to transport or may land any Guest at any port or place, or transfer the Guest to other means of transportation, because of health or physical condition, mental disorder, failure to abide by Ship regulations, failure to possess necessary passports, visas and health or vaccination certificates, or other causes rendering the Guest unfit to travel.
C. If the Guest is refused passage or leaves the Ship prior to the end of the cruise for any of the reasons described in this section or for other reasons including, but not limited to, personal, medical, or business reasons, Crystal Cruises will not be required to refund any portion of the Ticket price, or to be responsible for any of the Guest's costs.
D. Crystal Cruises is unable to accommodate children under six (6) months of age and reserves the right to restrict the number of those under three (3) years of age aboard the Ship. Any child under the age of eighteen (18) must be accompanied by an adult over the age of twenty-one (21). In addition, if the adult accompanying this child is not a parent, a "Parental Consent Guardianship Form" must be signed by a parent or legal guardian and received by Crystal Cruises prior to sailing. Children under the age of twenty-one (21) are not permitted in the Ship's casino or to participate in any monetary-based games of chance (including Bingo) on board.
E. Guests with any disability, including those primarily confined to wheelchairs or scooters or who use service animals, must notify Crystal Cruises at the time of booking. Crystal Cruises strongly recommends these Guests be accompanied by someone who is able to assist them both ashore and at sea as Crystal Cruises is unable to offer special assistance. Some ports-of-call are anchorage ports, and physical conditions may preclude these Guests from going ashore. This decision must be made by the Captain of the Ship and is binding. Guests requiring a wheelchair or scooter must bring their own. Electrically powered scooters may only be brought on board upon completion of a Release and Indemnity form. Motorized scooters must not exceed 22" in width. Crystal Cruises reserves the right to limit the number of scooters on board. Portable oxygen tanks and oxygen concentrators may be used on board, provided that Crystal Cruises' Onboard Guest Services is notified via a completed Release and Indemnity form at least 30 days prior to sailing.
F. The Guest hereby consents to a reasonable search being made of the Guest's person, baggage or other property, and to the removal and confiscation or destruction of any object which may, in the opinion of Crystal Cruises impair the safety of the Ship, be illegal or inconvenience other Guests.
G. The Guest shall indemnify Crystal Cruises for all penalties, fines, charges, losses or expenses incurred or imposed upon Crystal Cruises or the Ship by virtue of an act or violation of law by the Guest.
H. The Guest agrees that he or she shall not solicit for commercial purposes Guests or others on board the Ship, or advertise goods or services on board the Ship without the prior written permission of Crystal Cruises. Solicitation by vendors of goods and services, including but not limited to solicitation by travel agents, is strictly forbidden.
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Independent Contractors/Shore Tours/Limit Of Liability
A. Tours, including pre-cruise, post-cruise and other shore excursions, including hotels, restaurants and transportation, whether by vessel, air, rail, land or other means, not owned or operated by Crystal Cruises, are not under the operation or control of Crystal Cruises, and Crystal Cruises makes no representation of any kind as to them, and takes no responsibility for them. Crystal Cruises takes no responsibility for air or other transportation under any circumstances even if the cost of such transportation is included in the ticket price. Guests must assume responsibility for their actions while ashore and for their participation in shore activities.
B. The Guest shall have no right to any refund and Crystal Cruises shall have no obligation or liability of any kind to the Guest for acts or omissions in connection with or arising out of arrangements with independent contractors since they are not agents or employees of Crystal Cruises. Arrangements with independent contractors include, but are not limited to the following:
C.
- services or products available for the Guest's convenience on board the Ship and furnished by doctors, dentists, nurses, barbers, hairdressers, manicurists, masseurs, spa operators, photographers, entertainers, instructors, lecturers and others;
- services, products or transportation provided elsewhere than on board the Ship which are furnished by others in connection with sightseeing tours, pre-cruise and post-cruise tours, excursions and shore trips, including, but not limited to tender service, whether arranged or organized by tour operators, travel agents or Crystal Cruises.
- The independent contractors shall be entitled to charge for any products sold, services rendered or transportation provided to the Guest either directly or through Crystal Cruises. Refunds will not be given for partially used services. No refund will be made for missed hotel nights or other program features due to airline delays or other factors beyond the control of Crystal Cruises. Hotel Programs and Extended Land Programs are subject to the same cancellation policy as described in "Cancellations Prior to Embarkation."
- Each Guest agrees that all rights, exemptions from liability, defenses and immunities of whatsoever nature referred to in the Ticket applicable to Crystal Cruises and the Ship, shall in all respects enure also for the benefit of any servant, agent or independent contractor of Crystal Cruises acting in the course of or in connection with their employment so that in no circumstances shall any such servant, agent or independent contractor as the result of so acting be under any liability to any such Guest different from that of Crystal Cruises, and for purposes of the agreement contained in this section, Crystal Cruises is or shall be deemed to be acting on behalf of and for the benefit of all persons who are or may be its servants, agents or independent contractors from time to time and all such persons shall to this extent be or be deemed to be parties to the passage contract contained in or evidenced by the Ticket.
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Non-Liability For Medical Treatment
- Doctors and/or nurses are on board the Ship for the treatment of crew members and may, for the convenience of the Guest and at the request of the Guest, give medical assistance to the Guest. Crystal Cruises does not undertake to treat or care for the Guest medically, and the doctors and nurses, even if designated officers of the Ship, are not agents for or employees of Crystal Cruises, but rather are independent contractors. Crystal Cruises shall not be liable for any aspect of medical treatment provided to the Guest, including, but not limited to, the consequences of any examination, advice, diagnosis, medication, treatment, prognosis or other professional services which such doctors or nurses may furnish the Guest. It may be necessary for the Guest to obtain shoreside medical services during or after the cruise in countries other than the United States in which a different standard of medical care applies than that to which the Guest may be accustomed. Crystal Cruises makes no warranty as to the quality of any such medical services.
- The Guest hereby consents to treatment by the Ship's doctor or other medical personnel, if any, or by a physician designated by Crystal Cruises, if subsequent to embarkation the Guest is unable to request or authorize such treatment and in the opinion of the Ship's doctor needs medical attention.
- The Guest shall be charged for medical services and for medications and supplies used for his or her medical treatment. The Guest shall also be responsible for the payment of any medical expenses incurred ashore.
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Payments By The Guest And Extra Expenses
Any and all payments by the Guest to Crystal Cruises shall be made in currency of the United States of America, or other currency acceptable to Crystal Cruises. All charges for services and products provided on board the Ship must be settled in cash, traveler's checks, personal checks to limits acceptable to Crystal Cruises or credit card acceptable to Crystal Cruises before the Guest's final disembarkation from the Ship. Any other expenses incurred by the Guest or by Crystal Cruises on behalf of the Guest shall be payable by the Guest on demand.
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No General Average
Guests shall neither pay nor receive any general average contribution with respect to any property.
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Use Of Guest Images
Crystal Cruises has the exclusive right to include photographic, video and other visual portrayals of Guest in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Crystal Cruises' sole property, free from any claims by Guest or any person deriving any rights or interest from Guest. Crystal Cruises publishes and distributes a Guest List during each Cruise upon request. If you do not wish to be included in the Guest List, you must so advise Crystal Cruises no later than the time of your embarkation on the Ship.
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TIME LIMITS AND NOTICE REQUIREMENTS FOR PERSONAL INJURY CLAIMS
ANY INCIDENT OR ACCIDENT RESULTING IN INJURY OR DEATH TO A GUEST MUST BE REPORTED IMMEDIATELY TO A SHIP'S OFFICER. CRYSTAL CRUISES WILL NOT BE LIABLE THEREFOR EXCEPT AS PROVIDED BY LAW AND THEN ONLY IF A WRITTEN CLAIM IS PRESENTED TO CRYSTAL CRUISES WITHIN SIX (6) MONTHS OF THE INCIDENT OR ACCIDENT AND SUIT IS FILED WITHIN ONE (1) YEAR OF THE INCIDENT OR ACCIDENT ALLEGED TO HAVE CAUSED THE INJURY OR DEATH, AND SERVED WITHIN ONE HUNDRED AND TWENTY (120) DAYS OF SUCH FILING. IF A WRITTEN CLAIM IS NOT MADE AND SUIT IS NOT FILED AND SERVED WITHIN THE TIME PROVIDED IN THIS PARAGRAPH, THEN THE GUEST WAIVES AND RELEASES ANY RIGHT HE OR SHE MAY HAVE TO MAKE A CLAIM AGAINST CRYSTAL CRUISES FOR ANY SUCH INJURY OR DEATH.
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Liability Limitation For Loss Of Life Or Injury
- Crystal Cruises hereby disclaims all liability to the Guest for damages for infliction of emotional distress, mental anguish or psychological injury of any kind under any circumstances, when such damages were not the result of physical injury to the Guest caused by the negligence of Crystal Cruises, not the result of the Guest having been at actual risk of physical injury where such risk was caused by the negligence of Crystal Cruises, or not intentionally inflicted by Crystal Cruises.
- For all cruises that do not begin, end or call at a port of the United States of America, the aggregate liability of Crystal Cruises for the death of or personal injury to a Guest shall in no event exceed the monetary limitations of Standard Drawing Rights 46,666 (about US $75,331 as of May 20, 2008) as set forth in the Convention Relating to the Carriage of Guests and their Luggage by Sea, adopted at Athens on the 13th day of December 1974, and the protocol thereto adopted as of November 19, 1976 (hereinafter "Athens Convention").
- For all cruises that begin, end or call at a port of the United States of America and to which the damages limitations of the Athens Convention are held not to apply, the liability of Crystal Cruises for the death of or injury to a Guest shall be subject to all exemptions from and limitations of liability provided in or authorized by the laws of the United States.
- In addition to all of the restrictions and exemptions from liability provided in the Ticket, Crystal Cruises shall have the benefit of all Statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Statutes of the United States of America as set forth at 46 U.S.C. Sections 30501, 30504, 30505-30508, 30510, 182, 183, 183b, 184, 185, 186 and 30511. Nothing in the Ticket is intended to nor shall operate to limit or deprive Crystal Cruises of any such statutory limitation of or exoneration from liability, or of the benefits of any statute or law of any country which might be applicable providing for exoneration from or limitation of liability.
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Force Majeure
Crystal Cruises shall not be liable in any way to the Guest for death, injury, illness, damage, delay or other loss or detriment to person or property or for Crystal Cruises' failure to commence, perform and/or complete any duty owed to the Guest if such death, injury, illness, damage, delay or other loss or detriment to person or property is caused by Act of God, war or warlike operations, terrorist activities, civil commotions, labor difficulties, whether or not Crystal Cruises is a party thereto, interference by authorities, requisitioning of the Ship, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Ship, fire, or any other cause whatsoever beyond the reasonable control of Crystal Cruises.
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Choice Of Law/Limitation Of Liability
The Ticket and all other rights and duties of Guests and of Crystal Cruises, except as otherwise set forth in Paragraph 17, with specific reference to the Athens Convention, will be construed in accordance with the general maritime law of the United States. In addition to the limitations of liability expressly provided in the Ticket, Crystal Cruises shall be entitled to the maximum protection allowed by law, including any statutory protection as to the amount of damages recoverable. In no event, however, will Crystal Cruises be liable for any damage, loss, injury or death not caused by the negligence of Crystal Cruises. Should the limitations of liability and the requirements for notice of claims and filing of suits set forth in the Ticket, or as contained in the laws of the United States, be held not to apply with respect to claims for loss of or damage to baggage and other personal property or personal injury or death, then the limitations of liability and the requirements for notice of claims and filing of suits as contained in the Athens Convention shall apply.
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Place Of Suit
All disputes and matters whatsoever arising from, in connection with, or incident to the Ticket or the cruise and services governed by the Ticket shall be litigated, if at all, in and before a court of proper venue located in the State of California, U.S.A. to the exclusion of the courts of any other state, country, city or county. The Guest hereby waives any objection to venue or other objection that may be available to any such action or proceeding being brought in any court located in the State of California.
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Interpretation
Should any provision of the Ticket 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 the Ticket 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 are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and vice versa.
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WARRANTIES/CONSEQUENTIAL DAMAGES EXCLUDED
ALL WARRANTIES INCLUDING WARRANTIES OF FITNESS FOR USE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED FROM THIS AGREEMENT. CRYSTAL CRUISES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
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Notice Concerning Safety And Security
Crystal Cruises endeavors at all times to exercise reasonable care for your comfort and safety on board its Ships. Crystal Cruises cannot guarantee freedom from all risks associated with war, terrorism, crime, or other potential sources of harm. Crystal Cruises reminds all Guests that you must ultimately assume responsibility for your activities while ashore and for your other travel choices. The U.S. Dept. of State and 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. Crystal Cruises recommends that Guests and their travel agents obtain and consider such information when making travel decisions.
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Written Notices
Except as otherwise expressly provided in the Ticket, all written notices required by the Ticket must be mailed, postage prepaid, to:
Crystal Cruises
2049 Century Park East, Suite 1400
Los Angeles, California 90067
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THE PROVISIONS OF THE TICKET REPRESENT THE ENTIRE AGREEMENT AND A BINDING CONTRACT BETWEEN THE GUEST AND CRYSTAL CRUISES. THE GUEST'S ACCEPTANCE OF THE TICKET CONSTITUTES THE GUEST'S CONSENT TO THESE PROVISIONS. THESE PROVISIONS SUPERSEDE ANY ORAL OR WRITTEN REPRESENTATIONS. ANY CHANGE IN THESE PROVISIONS MUST BE IN WRITING AND SIGNED BY THE PRESIDENT OF CRYSTAL CRUISES AND MAY REQUIRE A COMMENSURATE INCREASE IN FARE. THESE TERMS & CONDITIONS ARE SUBJECT TO CHANGE WITH OR WITHOUT NOTICE.
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