Legal Notice

LEGAL NOTICE


There is nothing more important to us than the safety of our guests. Comprehensive, fleet-wide security practices have been in place for many years, which include the reporting of alleged crimes to the FBI. However, as a result of the Cruise Vessel Security and Safety Act of 2010, statistics for cruise ship crime allegations will now be posted on the internet for public viewing. Public reporting requirements, mandated by this law, are unique to the cruise industry and similar requirements do not exist for other travel suppliers such as airlines, hotels and theme parks.


The statistics, cited within the U.S. Coast Guard's web site, represent crime allegations in different categories occurring on cruise ships sailing from North America, which must be reported in accordance to the Cruise Vessel Security and Safety Act of 2010.


It is worth noting that these alleged incidents are no longer under investigation by the FBI and may have been reported without sufficient evidence. Additionally, it is most important to put these statistics within proper context so that everyone can understand that the incidence of crime on board is very small given the large number of guests we carry.


With 23 of our 24 ships currently sailing from US ports, we carry more guests in North America than any other line.


This year, more than four million guests will sail with Carnival, so the number of alleged incidents is a small fraction of those carried. The likelihood of having an incident occur on board one of our ships is therefore remote.

A Carnival cruise remains one of the safest vacation options available.

Incident Reporting Statistics Site

CARNIVAL.COM PRIVACY POLICY


This website and any mobile application linked to this privacy policy (collectively the “Sites”) is owned and operated by Carnival Cruise Line, a division of Carnival Corporation ("Carnival"). Carnival is committed to respecting and protecting your privacy and helping you make the most of your time on the Internet within a trusted environment. The Carnival Privacy Policy (“Privacy Policy”) applies to the Sites and governs the data collection, usage and services available on the Sites. This Privacy Policy discloses how we collect, protect, use and share information gathered about you on our Sites. If you use our Sites you explicitly agree to the terms and conditions of the Privacy Policy in effect at the time of your use. We hope that this disclosure will help increase your confidence in our Sites and enhance your experience on the Internet. Please read our Privacy Policy to understand:


Information We Collect

Information You Provide to Us

Information We Collect or Store Automatically as You Access and Use the Sites

Information we receive from social networking sites or other third parties

Email Promotions

Promotions, Contests and Sweepstakes

Child Privacy

Your Access to Your Information

Disclosing Information to Third Parties

Online Advertising

Your California Privacy Rights

Transportation Security Administration Secure Flight Notice

Security Procedures to Protect Information

Inapplicability of Privacy Policies of any Linked Sites or Other Parties

Changes to this Privacy Policy

Your Comments are Appreciated

Information We Collect
You can visit our Sites without divulging any personally identifiable information including your email address, and our Sites do not collect personally identifiable information about individuals except under specific circumstances as explained by this policy.  For example, we collect information from individuals who specifically provide the information on a voluntary basis, such as when registering at our website, accessing certain functions of our mobile application or accessing our online cruise booking application. Carnival uses the information collected primarily to provide better customer service to you, to improve and customize the content you see, to provide the products, services or membership benefits you request, and to contact you about special promotions and new products.

Information You Provide to Us
You are not required to register in order to access our website or to download our mobile application. If you send us an email, participate in one of our blogs or forums, or register on our Sites we may collect information about you. Certain portions of our Sites are restricted to registered users or passengers with confirmed bookings.   Please see below for examples of information we may collect from you.


There are several areas on the site where you may provide personal information or will be required to register to obtain access to certain online services not available to anonymous visitors. These include My Profile, Sign in/Register, My Cruise Manager, Online Check-in, Book Now, Shore Excursions, Fun Job and Contact Us. You may apply for employment online through our site. Travel agents may register with Carnival through the GoCCL.com site linked from our website.  Mobile application users are required to provide identity information in order to use certain features of the application, such as accessing your Sail & Sign account or communicating with other passengers.


When you register on our Sites, you will be required to provide your first name, last name, email address and to select a password to be used to access your information. To access My Cruise Manager or your Sail & Sign account, you may be required to use your Login Information and a valid booking number obtained from Carnival. If you want to book travel or other services through our Sites, you may be required to register in advance in order to obtain access.


When you register we collect information which may include your name, address, gender, birth date, email address, telephone number, special occasion dates, vacation preferences, dietary preferences, health requirements and passport information as well as emergency contact information (the name, address and telephone number of someone not traveling with you who we can contact in case of an emergency).  This information is collectively referred to as "Profile Information" in this Policy.


Information collected in My Cruise Manager may include Profile Information for yourself and those traveling with you. By providing us with the Profile Information of any third party, you are agreeing and acknowledging that you have the express right and authority to do so on their behalf.  Each person whose Profile Information is linked to the same My Cruise Manager account agrees that their information may be accessible to all others included in that My Cruise Manager account.


If you make purchases through our Sites we will collect your contact information including your phone number, email address, credit card information (cardholder name, card number and expiration date) and information about the person receiving the product purchased.  We use this information to complete your purchase and for our general commercial purposes. 


Information collected through the Fun Job online application may include name, address, telephone and fax numbers, email address, age, education history, military service, immigration status and employment history. Job applicants may choose to provide this information by mail or fax instead of through the site.


Passengers are not required to use Online Check-in to submit information before they begin their cruise; the same information, which is required before boarding, can be provided over the telephone by calling 1-888-CARNIVAL or can be provided at the point of embarkation. Using Online Check-in will speed up your boarding process because information is submitted in advance. This information may be shared with governmental agencies including Customs or the Department of Homeland Security, with medical staff and with Carnival personnel. Carnival is required to share certain passenger information with local government agencies depending on clearance procedures at the port of call. We may keep your credit card and passport information on file and on our servers to enable you to make purchases on board more easily, to facilitate your boarding procedure and other transactions between us, and to resolve disputes as may arise between us and you.


Our mobile application provides features that require you to submit information in order for the feature to function properly.  This information will be used by Carnival for our general commercial purposes.


We may use your personal information to communicate with you.  You may choose how you would like to receive information from us.  Options include mail, email, telephone or text. If you send us an email or request information we will retain your email address and use it to respond to your inquiry. We may also use your email address to provide you with details on upcoming events, cruises, packages and other information about Carnival or to provide you with information from companies with whom we have cooperative or joint marketing arrangements.  We may also use the information collected when you activate the mobile application to provide you with information about your cruise, activities, products or services that may be of interest to you through the application.


By providing personal information through the Sites you explicitly agree to our collection and use of that information as described in this Privacy Policy. You agree that we may use the personal information you provide to respond to your inquiries, process orders, contact you regarding customer service, let you know about products or services which may be of interest to you or to personalize our service to meet your needs or preferences. This may involve sharing certain information with our medical staff, affiliated companies or third parties, for instance, if you require a wheelchair or have dietary preferences. You also agree that we may share your personal information with our affiliated companies and third parties as described in this Privacy Policy. You further agree that the information you provide is current, accurate and that you will update it if there are any changes.

Information We Collect or Store Automatically as You Access and Use the Sites
We automatically collect certain types of usage information when you visit the Sites.  Some methods we use to collect this usage information are explained below.  


Cookies are small text files containing a string of alphanumeric characters placed on your devices that uniquely identify your browser and let us help you log in faster and enhance your navigation through the Site. A cookie may also convey information to us about how you use the Sites (e.g., the pages you view, the links you click, how frequently you access the Sites, and other actions you take on the Sites), and allow us to track your usage of the Sites over time.


Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Sites, domain names, landing pages, pages viewed, and other such information.


Clear gifs (also known as web beacons) are small graphic images or other web programming code that may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon.  Web beacons are used to anonymously track the online usage patterns of our customers, for example, so that we can determine which emails from Carnival are opened and which links or advertisements in those emails are clicked by recipients.


Embedded scripts are a type of programming code that is designed to collect information about your interactions with the Sites such as the links you click on.  The code is temporarily downloaded onto your device from our web server or a third party service provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.


Browser fingerprinting includes collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identifying your browser and device.


Entity tags (“ETags”) are a feature of the cache of information from device browsers.  ETags are an opaque identifier assigned by a web server to a specific version of a resource found at a URL.  If the resource content at that URL ever changes, a new and different ETag is assigned.  Used in this manner, ETags are a form of Device Identifier.  ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.


Recognition technologies apply statistical probability tools to data sets in an attempt to recognize or make assumptions about users and devices.  This information helps us to identify you across multiple devices that you may use, analyze and improve the Sites and present you with information based on these assumptions.


When you access the Sites by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.


We use or may use the data collected through the above methods to: (a) remember information so that you will not have to re-enter it during your session or the next time you visit the websites; (b) provide and serve custom, personalized advertising; (c) provide and monitor the effectiveness of the Sites; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and the Sites; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our services and Sites. For more information, please see the Online Advertising section below.


The information generated by the above methods may be transmitted to and stored on servers in the United States.  Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.


If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.  Please note that doing so may negatively impact your experience using the Sites.  Depending on your mobile device and operating system, you may not be able to delete or block all cookies.  Please review the section below titled “Online Advertising” for more details.  You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

Information We Receive from Social Networking Sites or Other Third Parties
When you interact with our site through various social media, such as when you login through Facebook, or share our content on Facebook, Twitter, Pinterest, Instagram or other sites, we may receive information from the social network including your profile information, profile picture, profile name, user ID associated with your social media account, country and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network, and we will not post information about you on third party social media sites without your consent. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service.   We may also collect information about you from other third parties, for example, tour operators, data aggregators, and our partners. We may also collect information about you that is publicly available.  This information may be combined with the information we collect from you directly as discussed above.  We use this information to better understand the demographics of our customers, to connect with you on social networks, and improve our Sites and our customer experience.

Email Promotions
You may subscribe to our email promotions program by registering on one of our websites. By registering, you are securing your subscription to receive email promotions. You may unsubscribe or change your email address for email promotions at any time by following the instructions mentioned prominently within each email promotion.

Promotions, Contests, and Sweepstakes
From time to time we may offer promotions, contests or sweepstakes (collectively referred to as a “Promotion”) on our Sites. If you choose to participate, we will collect information including your name, address, age, telephone number and email address. We may also request other information some of which may be optional. We use the information you provide for purposes of conducting the Promotion and for other purposes described in this Privacy Policy. A Promotion may be sponsored by Carnival alone, with another sponsor or by a third party. Information you provide may be shared with the sponsor or third parties in accordance with this Privacy Policy. You must be over the age of 18 to participate in any Promotion or as otherwise provided in the Official Rules for such Promotion. When you participate in a Promotion you are subject to the Official Rules governing that Promotion which will be posted on the site relevant to the applicable Promotion.

Child Privacy
The Sites are not targeted at, nor do we knowingly collect personal data from, children under the age of 13. If we have reason to believe that information is being provided by a person under the age of 13 we will not collect the information.  If you believe that we have collected information from a person under 13, please contact us at privacypolicy@carnival.com.

Your Access to Your Information
You are responsible for the accuracy and completeness of all information you provide to us. You may, at any time, access and make changes or corrections to your Profile Information or preferences simply by visiting the My Profile, My Cruise Manager or Online Check-in pages of the website and providing your Login Information. You may also direct us to change your information by email or telephone at the address and number provided below. You can direct us to remove your email address from our mailing list simply by following the instructions on any email you receive. We will act on your request promptly, but making changes may take up to two weeks to become effective.

Disclosing Information to Third Parties
We may share your information with our affiliated companies and third parties in certain circumstances.  For example, we may disclose your Profile and other information to those individuals linked to the same My Cruise Manager account.  We will reveal personal information to unaffiliated third parties only if: (1) you request or authorize it; (2) the information is provided to help complete a transaction for you; (3) the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Legal Notices or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.); (4) the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that our assets are acquired by another party, customer information may be one of the transferred assets); (5) the information is provided to our agents, outside vendors or service providers to perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customized advertising, providing customer service, processing orders, sending emails about our products or services, etc.) or with whom we may have cooperative or joint marketing arrangements; (6) the information is shared with third parties for their marketing use, or (7) to others as described in this Privacy Policy. To limit affiliate marketing offers, please email: privacypolicy@carnival.com or contact us toll free at 1-888-CARNIVAL. We may also anonymize or aggregate data about you and disclose such anonymized or aggregated information to third parties for promotional or other purposes.


From time to time we may offer promotions or specials on behalf of companies with whom we have joint or cooperative marketing arrangements. You may take advantage of these promotions or specials by clicking on links on our Sites. You will be transferred to a different site which may not be owned or operated by Carnival where you may be required to provide personal information in order to participate in the promoted products or services. This privacy policy does not apply to those sites; please review the privacy policy posted on those sites.  Carnival is not responsible for the content on those sites and therefore your use of such sites is at your own risk.

Online Advertising
We permit third party advertising partners to use cookies and other technology to collect information about your use of our website or mobile app, or your engagement with our email communications or other marketing initiatives, over time so that they may play or display ads that may be relevant to your interests on the Sites as well as on other websites or apps. Typically, these advertisements are based on information collected by cookies or similar tracking technologies, which are discussed above. (To learn more about cookies, clear gifs/web beacons and related tracking technologies, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org).  If you access our Sites on your mobile device, you may or may not be able to control tracking technologies through your device settings. 


You may “opt-out” of the collection of information through some cookies or other tracking technologies by actively managing the settings on your browser or mobile device.  Please review the technical information for your browser or mobile device for instructions on how to delete and disable cookies and other tracking/recording tools. Please note that these tools may not be effective with regard to Flash cookies or HTML5 cookies.  For information on disabling Flash cookies, go to Adobe’s web site www.adobe.com.  Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Sites may not function properly, and that when you revisit our Sites your ability to limit cookies is subject to your browser settings and limitations.


In the United States and Canada, you can opt-out of many network advertising programs that track your activities across multiple websites to deliver personalized advertising content to you by visiting http://aboutads.info/choices and http://networkadvertising.org/choices (United States) or http://youradchoices.ca (Canada).  Deleting browser cookies can remove your opt-out preferences, so you should use these tools periodically to ensure that your preferences are up-to-date

Your California Privacy Rights
Carnival may disclose your personal information to our affiliates or other third parties for their use in the marketing of their products or services (as opposed to Carnival products or services) to you unless you tell us not to. In order to opt out of such sharing or for further information, please email: privacypolicy@carnival.com or contact us toll free at 1-888-CARNIVAL.

Transportation Security Administration Secure Flight Notice
The Transportation Security Administration (TSA) requires you to provide your full name, date of birth and gender for the purpose of watch list screening under the authority of 49 U.S.C. section 114, the Intelligence Reform and Terrorism Prevention Act of 2004 and 49 C.F.R. parts 1540 and 1560 for all commercial air travel within, into or out of the United States which is booked on or after August 15, 2009.


You may also provide your Redress Number, if available. If you book commercial air travel within, into or out of the United States in conjunction with your voyage we will request this information from you and forward it to the TSA as required by law. Failure to provide your full name, date of birth, and gender may result in denial of transport or denial of authority to enter the boarding area.


TSA may share information you provide with law enforcement, intelligence agencies or others under its published system of records notice. For more on TSA privacy policies or to review the system of records notice and the privacy impact assessment, please see the TSA Web site at www.tsa.gov.

Security Procedures to Protect Information
Security of personal information is extremely important to us. Carnival employs physical, administrative and technical security measures designed to prevent unauthorized access to your personal information collected on and used by Carnival at this site. Our site uses SSL (Secure Sockets Layer) security technology to encrypt information you provide to us through the Site, but any information you provide us by email or fax is unencrypted. SSL is an industry-standard protocol for encryption over the internet. Data transmission over the internet is never 100% secure.


While we take steps to protect your personal information and keep it secure, you also play a role in protecting your information. You can help to maintain the security of your online transactions by not sharing your login information, booking number or password with anyone. Carnival cannot guarantee the security of any information you transmit to us or from our Sites, and therefore you use our Sites at your own risk.

Inapplicability of Privacy Policies of any Linked Sites or Other Parties
Carnival's Sites may contain links to other sites such as our affiliates and third parties. This Privacy Policy only addresses Carnival's use and disclosure of your information collected on Sites displaying this Privacy Policy. While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the privacy practices of our affiliates or any other third parties or the content of linked sites, although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or web sites.

Changes to this Privacy Policy
We will occasionally amend this Privacy Policy to reflect company and customer feedback and we reserve the right to make changes to this Privacy Policy at any time. The use of your information is subject to the Privacy Policy and Terms of Use in effect at the time of use. The provisions contained in this Privacy Policy supersede all previous notices or policies regarding our privacy practices with respect to this site. We post the effective date of our Privacy Policy on our site. We encourage you to check our site frequently to see the current Privacy Policy to be informed of how Carnival is committed to protecting your information and providing you with improved content on our website in order to enhance your online cruise planning experience. If we make material changes to this Privacy Policy we will post the revised Privacy Policy and the revised effective date on this site.

Your Comments are Appreciated
If you have any questions, comments or complaints regarding our Privacy Policy, you can contact us via telephone at 1-888-CARNIVAL, or email: privacypolicy@carnival.com. If you have questions, comments or complaints not related to the Privacy Policy (e.g. reservations, cruise experience, marketing material, etc.), you can check the Customer Service area of this website. This site is owned and operated by Carnival Cruise Line, a division of Carnival Corporation, which controls any information submitted through this site.

Effective Date: February 2016 © Carnival Corporation, All rights reserved. 

 
TICKET CONTRACT

 

IMPORTANT NOTICE TO GUESTS THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY CARNIVAL CRUISE LINE TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW.


NOTICE: THE ATTENTION OF GUEST IS ESPECIALLY DIRECTED TO CLAUSES 1, 4, AND 11 THROUGH 14, WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS TO ASSERT CLAIMS AGAINST CARNIVAL CRUISE LINE, THE VESSEL, THEIR AGENTS AND EMPLOYEES, AND OTHERS, INCLUDING FORUM SELECTION, CHOICE OF LAW, ARBITRATION AND WAIVER OF JURY TRIAL FOR CERTAIN CLAIMS.

 

IMPORTANT TERMS AND CONDITIONS OF CONTRACT – READ CAREFULLY 

In consideration of the receipt of the full cruise fare, Carnival Cruise Line (“Carnival”) agrees to transport Guest on the above - specified voyage on the following terms and conditions:


1. DEFINITIONS AND SCOPE OF CONTRACT


(a) Whenever the word “Carnival” is used in this Contract it shall mean and include the Vessel, and all its owners, operators, employees, agents, charterers and tenders. The term “Guest” shall include the plural where appropriate, and means all persons or entities booking or purchasing passage and/or traveling under this Contract, including heirs, representatives and any accompanying minors. The masculine includes the feminine. “Guest” shall have the same meaning as “Passenger” in this Contract.


(b) “Cruise Fare” or “Fare” means the amount paid for the cruise which includes full board, ordinary ship’s food during the voyage, but not gratuities, spirits, wine, beer, soft drinks or mineral waters, shore excursions, salon and spa services, Carnival LIVE concerts, or any other incidental charge or expense. The cruise fare shall be deemed to be earned when paid and not refundable except as stated in Carnival’s brochure applicable to the voyage and as provided in Clauses 7 and 8, herein.


(c) Cruise Fare does not include Cruise Taxes, Fees, and Port Expenses. “Cruise Taxes, Fees, and Port Expenses” may include any and all fees, charges, tolls and taxes imposed on Carnival, by governmental or quasi-governmental authorities, as well as third party fees and charges arising from a vessel’s presence in a harbor or port. Cruise Taxes, Fees and Port Expenses may include U.S. Customs fees, head taxes, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, pilotage, immigration and naturalization fees, and Internal Revenue Service fees, as well as fees associated with navigation, berthing, stevedoring, baggage handling/storage, and security services.  Cruise Taxes, Fees, and Port Expenses may be assessed per passenger, per berth, per ton or per vessel.  Assessments calculated on a per ton or per vessel basis will be spread over the number of passengers on the Vessel.  Cruise Taxes, Fees and Port Expenses are subject to change and Carnival reserves the right to collect any increases in effect at the time of sailing even if the fare has already been paid in full.


(d) Cruise Fare does not include fuel supplement charges, security surcharges, or similar incidental surcharges (“surcharges”); Carnival reserves the right to impose or pass any of these surcharges and no right of cancellation shall be implied.  “Fuel supplement” shall mean any additional charge to defray a portion of Carnival’s fuel costs. The amount of fuel supplements and government fees and taxes collected are subject to change. Carnival reserves the right to charge a fuel supplement of up to $9.00 USD, or its equivalent in foreign currency, per person per day, without prior notice, in the event that the price of light sweet crude oil according to the NYMEX (New York Mercantile Exchange Index) is greater than $70.00 USD per barrel of oil.  Carnival may collect any fuel supplement in effect at the time of sailing, even if the cruise fare has been paid in full. 


(e) This ticket is valid only for the person(s) named hereon as Guests and cannot be transferred or modified without Carnival’s written consent. The acceptance or use of this ticket by the person(s) named hereon as Guests shall be deemed acceptance and agreement by each of them to all of the terms and conditions of this cruise Contract.


(f) All rights, exemptions from liability, defenses and immunities of Carnival under this contract shall also inure to the benefit of Carnival’s facilities, whether at sea or ashore, servants, agents, managers, affiliated or related companies, suppliers, shipbuilders and manufacturers of component parts and independent contractors, including, but not limited to, shore excursion or tour operators, ship’s physician, ship’s nurse, retail shop personnel, health and beauty staff, fitness staff, video diary staff, and other concessionaires, who shall have no liability to the Guest, either in contract or in tort, which is greater than or different from that of Carnival.


(g) Except as otherwise expressly provided herein, this contract constitutes the entire agreement between Carnival and Guest and supersedes all other agreements, oral or written. Any alteration to any term of this contract must be in writing and authorized by Carnival. In the event of a direct conflict between a provision of this contract and a provision of the Cruise Industry Passenger Bill of Rights (PBOR) in effect at the time of booking PBOR controls.  Guests purchasing Carnival LIVE concert tickets, spa services or shore excursions through Carnival are subject to the additional terms and conditions at http://www.carnival.com/legal/shore-excursions-terms.aspx which are incorporated by reference.  Except as provided in Clause 13 below, should any provision of this contract be contrary to or invalid by virtue of the law of the jurisdiction in which this contract is sought to be enforced or be so held by a court of competent jurisdiction, such provision(s) shall be deemed to be severed from the Contract and of no effect and all remaining provisions herein shall be in full force and effect and constitute the Contract of Carriage.


2. NATURE OF CRUISE AND GUEST’S OBLIGATIONS


(a) The Guest admits a full understanding of the character of the Vessel and assumes all risks incident to travel and transportation and handling of Guests and cargo. While at sea or in port the availability of medical care may be limited or delayed. Guest acknowledges that all or part of their voyage may be in areas where medical care and evacuation may not be available. Guest agrees to indemnify and reimburse Carnival in the event Carnival elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith.


(b) Carnival’s vessels visit numerous ports in a number of countries. Guests assume responsibility for their own safety and Carnival cannot guarantee Guest’s safety at any time. The United States Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations regularly issue advisories and warnings to travelers and Carnival strongly recommends Guests obtain and consider such information when making travel decisions. Carnival assumes no responsibility for gathering said information. The Guest acknowledges that the cruise may be booked in a location that is susceptible to severe weather systems, including but not limited to, hurricanes, tropical storms and depressions, and that Carnival reserves the right to alter the ship’s course, ports of call, itinerary, activity and shore excursions to avoid such weather systems and insure the comfort and safety of the Guest and crew.


(c) Proper travel documentation and eligibility to travel is required at the embarkation and throughout the cruise.  In addition to immigration and customs requirements, the U.S. government and others place restrictions on the carriage of guests whose names appear on government watch lists or who are deemed legally ineligible to travel. It is the guest’s sole responsibility to ensure his/her legal eligibility to travel and to bring and have available at all times all required travel documents. Guests are advised to check with their travel agent or the appropriate government authority to determine the necessary documents and travel eligibility requirements. Carnival may cancel the booking of any guest who is or becomes ineligible to travel for any reason, or who is traveling without proper documentation. Any such Guest, or any Guest who fails to board the ship at embarkation, shall be ineligible to board the ship thereafter without Carnival’s consent, and shall not attempt to do so at the same or another port. Under these circumstances the Guest shall not be entitled to a refund or compensation of any kind. Guest is responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to the US. Under no circumstances shall Carnival be liable for any costs, damages or expenses whatsoever incurred by any Guest as a result of such failure, cancellation or denial of boarding.


(d) Guest acknowledges receipt of Carnival’s applicable brochures and agrees to abide by the terms and conditions of Carnival’s brochures and web site, including but not limited to the information contained in the “Frequently Asked Questions” and “Embarkation Information” sections.


(e) Guest acknowledges that, for a voyage commencing in a United States port for a round-trip voyage via one or more United States ports, Guest must complete the voyage and disembark at the embarkation port. Failure to do so may result in a fine or penalty being imposed by the United States Customs Service or other governmental agency. In consideration for the fare paid, Guest agrees to pay any such fine or penalty imposed because of Guest’s failure to complete the voyage.


(f) Carnival shall refuse boarding to any Guest under the age of twenty-one unless: (1) the Guest is traveling in the same stateroom with an individual twenty-five years or older; (2) traveling in the same stateroom with their spouse; or (3) traveling with a parent or guardian in an accompanying stateroom. Adult guests agree to be responsible at all times for the safety and behavior of their minor guests.  Proof of age and/or proof of marriage are required. Carnival shall not be liable to make any refunds or for any damages with respect to any Guest’s failure to provide proper proof of age or marriage or otherwise comply with this provision.


(g) Guests must attend the mandatory safety briefing at the commencement of the cruise and any subsequent briefing ordered by the ship’s officer during the cruise. Guests shall comply with all onboard health and safety policies and procedures, and shall familiarize themselves with the nature and character of the ship, as well as, all emergency exits, to assist with safe evacuation in the event of an emergency.


3. YOUR TRAVEL AGENT


Any travel agent or sales agent utilized by the Guest in connection with the booking of the cruise, or this contract is solely the agent of the Guest and not Carnival. Carnival is not responsible for the financial condition or integrity of any travel agent utilized by Guest. In the event that an agent shall fail to remit to Carnival any monies paid to the agent by Guest, Guest shall be and remain liable for the fare due to Carnival, regardless of whether liability is asserted before or after embarkation. Issuance and validity of ticket contract is conditional upon final payment being received by Carnival prior to sailing. Any refund made by Carnival to an agent on behalf of Guest shall be deemed payment to Guest, regardless whether the monies are delivered by the agent to Guest. Receipt of this ticket contract, any other documentation or notification pertaining to the cruise by Guest’s travel agent shall constitute receipt by Guest.


4. BAGGAGE, PERSONAL PROPERTY, PROHIBITED ITEMS, LIMITATION OF LIABILITY


(a) Each fully paid adult Guest will be allowed a reasonable amount of luggage on board containing their personal belongings. Luggage means only trunks, valises, satchels, bags, hangers and bundles with their contents consisting of only such wearing apparel, toilet articles and similar personal effects as are necessary and appropriate for the purpose of the journey.


(b) No tools of trade, household goods, presents and/or property of others, jewelry, money, cameras, documents, valuables of any description including but not limited to such articles as are described in Title 46 of the United States Code section 30503 shall be carried except under and subject to the terms of a special written contract or Bill of Lading entered into with Carnival prior to embarkation upon application of the Guest. The Guest warrants that no such articles are contained in any receptacle or container presented by him as baggage hereunder, and if any such articles are shipped in the Guest’s baggage in breach of this warranty, no liability for negligence, gross or ordinary, shall attach to Carnival for any loss or damage thereto.


(c) Carnival shall not be liable for: (1) Guest’s failure to comply with the requirements set forth in Clauses 4(a) and 4(b); (2) any loss or damage before baggage comes into Carnival’s actual custody on board or after baggage leaves Carnival’s actual custody on board, including, but not limited to, loss or damage by airlines or other transportation services; (3) any loss or damage of baggage while not in the actual possession, custody and control of Carnival; (4) damage due to wear, tear or normal usage; (5) any loss or damage of perishable items, medicine, liquor, cash, securities or other financial instruments, or (6) any loss or damage while in the custody and control of stevedores.


(d) It is stipulated and agreed that the aggregate value of Guest’s property, does not exceed $50 USD per guest or bag with a maximum value of $100 USD per stateroom regardless of the number of occupants or bags and any liability of Carnival for any cause whatsoever with respect to said property shall not exceed such sum, unless the Guest shall in writing, delivered to Carnival, prior to embarkation, declare the true value thereof and pay to Carnival prior to embarkation a sum equal to 5% of the excess of such value. If Carnival shall be held liable for the loss of or damage to Guest’s baggage or property it is agreed that such liability shall not exceed the lesser of: (1) the actual cash value, or (2) value declared in the manner above provided (up to U.S. $100 USD if no such declaration has been made). Declared value amounts to be proportionately reduced in any case where less than all of Guest’s baggage or property is lost, delayed or rendered unusable due to damage.  In no event shall Carnival be liable to pay any compensation if the nature or value of the property has been misrepresented.


(e) No Guest is permitted, to bring on board the vessel live animals (other than qualified service animals, with not less than 14 days advance notice given to Carnival). Guest will be solely responsible for any and all damage and/or loss caused by service animals.


(f) Weapons, firearms, contraband, ammunition, explosives, incendiary devices, or other dangerous items are strictly prohibited aboard the vessel. Carnival reserves the right to confiscate, destroy and/or turn over to authorities these or any other items it deems in its sole discretion to be detrimental to the safety or comfort of any person or which are otherwise improperly in the possession of any Guest. Each Guest warrants that no such articles are contained in any receptacle or container carried or presented as baggage. Alcoholic beverages are prohibited except as provided for in clause 8(f).  All Guests agree Carnival has, at all times with or without notice, the right to search Guest’s baggage and/or personal effects for any of the prohibited items, at any location, to ensure compliance with these restrictions. Any Guest who refuses any such search or screening, or any Guest traveling with such items, may be denied boarding or disembarked and no refund of the cruise fare will be issued. The Guest will be solely responsible for any and all damage and/or loss caused by his violation of this policy.


5. FITNESS TO TRAVEL, SPECIAL NEEDS, PREGNANCY, INFANTS, DRINKING, DISEMBARKATION


(a) The Guest warrants that he and those traveling with him are physically and emotionally fit to travel at the time of embarkation, and further certifies that such Guests have no medical or emotional condition that would endanger any Guest or others.  Any Guest with special medical, physical or other needs requiring medical attention or special accommodation during the voyage is requested to notify Carnival in writing at the time of booking of such special need. Upon booking the cruise, guests who have special needs are requested to contact Carnival’s Special Needs Desk (305-599-2600 ext. 70025) to discuss the details of their special needs. Carnival recommends that any Guest who is not self-sufficient travel with a companion who shall take responsibility for any assistance needed during the voyage and in case of emergency.


(b) Carnival and the Master each reserves the right to refuse passage, disembark or confine to a stateroom any Guest whose physical or mental condition, or behavior would be considered in the sole opinion of the Captain and/or the ship's physician to constitute a risk to the Guest's own well-being or that of any other Guest or crew member. Guest understands and acknowledges that in addition to the limitations on medical care described in Clause 2 (a), prenatal and early infant care, in particular, may require specialized diagnostic facilities and/or treatment that are not obtainable during the cruise on board the ship and/or ashore in ports of call.  Therefore, the Guest agrees not to book a cruise or board the ship if at any time during the cruise she will enter the 24th week of estimated gestational age, nor for or with infants less than six months old--for trans-ocean crossings, South America and Hawaii the infant must be at least twelve months of age at the time of embarkation to sail. Carnival and the Master reserve the right to disembark any guest whose behavior affects the comfort, enjoyment, safety or wellbeing of other guests or of any crew.  All expectant Guests further agree to provide Carnival, prior to embarkation, with a physician’s statement verifying that her gestational status is in accordance with this policy, and certifying her fitness to travel even if she will be less than twenty-four weeks pregnant.  Failure to do so shall result in the cancellation of the Guest’s reservation without refund, compensation or payment except as set forth in Carnival’s cancellation policy described in Clause 6, based on the timing of such cancellation.


6. CANCELLATION BY GUEST, REFUNDS


Reservations will be held until 30 minutes prior to departure. No refunds will be made in the event of “no shows”, unused tickets, lost tickets, interruptions, partially used tickets, cancellations received late or after the start of the cruise, or for Pack & Go program purchases. Carnival strongly recommends the purchase of trip cancellation insurance from your travel agent. Cancellation charges for individual bookings will be assessed as listed below. For cancellation charges related to group bookings, partial ship charters or full ship charters refer to your charter contract or group booking agreement for terms and conditions.

                                                          
     Days Prior to
Departure Date
    Cancellation Charge (Per Guest) 
       
 
  2,3,4 & 5 day cruises   Up to 61 days
None (except Pack & Go, Early Saver* and Super Saver fares**) 
  60 to 46 days
Deposit
    45 to 30 days
Deposit or 50% of Total Fare, whichever is greater 
    29 to 15 days
Deposit or 75% of Total Fare, whichever is greater 
    14 days or less
100% of Total Fare
       
 
  6-9 day cruises (excluding: Alaska, Europe, Transatlantic and
Panama Canal cruises)
  Up to 76 days
None (except Pack & Go, Early Saver* and Super Saver fares**)
    75 to 56 days
Deposit
    55 to 30 days
Deposit or 50% of Total Fare, whichever is greater 
    29 to 15 days   Deposit or 75% of Total Fare, whichever is greater
      14 days or less
100% of Total Fare
                                     
  10 day or longer cruises, as well as all Alaska, Europe, Transatlantic and Panama Canal cruises   Up to 91 days   None (except Pack & Go, Early Saver* and Super Saver fares**)
    90 to 56 days   Deposit
      55 to 30 days   Deposit or 50% of Total Fare, whichever is greater
      29 to 15 days
Deposit or 75% of Total Fare, whichever is greater
      14 days or less   100% of Total Fare
   

   
  All cruises purchased under the Pack & Go fare   Any time after booking   100% of Total Fare
           
                                                           

Total Fare is defined as Cruise Fare, Transfer Services, Pre/Post Cruise Vacation Packages and Air Supplements (excluding Restricted Air which is non-refundable any time after booking).


*Early Saver: The deposit is non-refundable. All cancellations that occur prior to final payment due date will receive a non-refundable and non-transferable future cruise credit, redeemable for US dollars bookings, in the amount of the deposit less a $50 pp service fee. The future cruise credit must be used on a sailing within 24 months from the date of cancellation and can only be applied to your cruise fare. Any unused portion will be forfeited.


**Super Saver: The deposit is non-refundable.


7. CARNIVAL’S RIGHT TO INCREASE FARES, CANCEL OR CHANGE VOYAGE, CHANGE STATEROOM ASSIGNMENTS:


(a) Carnival reserves the right to increase published fares and FlyAweigh air fare supplements without prior notice. However, fully paid or deposited guests will be protected, except for fares listed, quoted, advertised or booked in error, fuel supplements, government taxes, other surcharges and changes to deposit, payment and cancellation terms/conditions, which are subject to change without notice.  In the event that a cruise fare listed, quoted or advertised through any website,  Carnival sales 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 Carnival, Carnival 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 Carnival be obligated to honor any such booking resulting from the error or otherwise be liable in such circumstances.


(b) Carnival reserves the right to offer promotional cruise fares that require a minimum occupancy requirement per cabin. When the booked cruise fare is contingent on a minimum occupancy requirement per cabin, cancellation by one or more guests in a cabin may cause an adjustment to the remaining guests booked cruise fare based on the prevailing and available rate at the time of the cancellation (“recalculated fare”).  Final payment in full of the recalculated fares for all remaining guests in a cabin is due by 11:59:59 p.m. EST on the eve before the start of the cancellation penalty period.  Failure to make timely final payment in full of the recalculated fares by all remaining guests in a cabin will result in automatic cancellation of the reservation for the entire cabin.


(c) Carnival has the right without previous notice to cancel this contract at the port of embarkation or any time during the voyage and shall thereupon return to the Guest, if the Contract is completely canceled, his Cruise Fare, or, if the Contract is partially canceled, a proportionate part thereof.  Under such circumstances, Carnival shall have no further liability for damages or compensation of any kind.   In the event a voyage is terminated early due to mechanical failure of the Vessel, Guest is also entitled to transportation to the Vessel’s scheduled port of disembarkation or Guest’s home city, at Carnival’s discretion and expense, as well as necessary lodging at the unscheduled port of disembarkation, if required, at Carnival’s expense.


(d) The Vessel shall be entitled to leave and enter ports with or without pilots or tugs, to tow and assist other vessels in any circumstances, to return to or enter any port at the Master’s discretion and for any purpose, and to deviate in any direction or for any purpose from the direct or usual course, and to omit or change any or all port calls, arrival or departure times, with or without notice, for any reason whatsoever, including but not limited to safety, security, adverse weather, strikes, tides, hostilities, civil unrest, port closings, emergency debarkations of Guests or crew, late air, sea, car or motor coach departures or arrivals, mechanical breakdowns, US or foreign governmental advisories or travel warnings, all such deviations being considered as forming part of and included in the proposed voyage. Except as provided in Clause 7(c) with regard to early termination of a voyage, Carnival shall have no liability for any compensation or other damages in such circumstances other than as provided by Carnival’s change of itinerary policy at the time Guest or his agent acknowledges receipt and acceptance of the terms and conditions of the cruise ticket contract.  Carnival’s change of itinerary policy can be found at www.carnival.com or at www.carnival.com/faq.


(e) Except as provided in Clause 7(c), if the performance of the proposed voyage is hindered or prevented (or in the opinion of Carnival or the Master is likely to be hindered or prevented) by war, hostilities, blockage, ice, labor conflicts, strikes on board or ashore, restraint of Princes, Rulers or People, seizure under legal process, breakdown of the Vessel, congestion, docking difficulties or any other cause whatsoever or if Carnival or the Master considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the port of Guest’s destination may expose the Vessel to risk or loss or damage or be likely to delay her, the Guest and his baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call, at which time the responsibility of Carnival shall cease and this contract shall be deemed to have been fully performed, or if the Guest has not embarked, Carnival may cancel the proposed voyage without liability to refund passage money or fares paid in advance.


(f) Carnival and the Master shall have liberty to comply with any orders, recommendations or directions whatsoever given by the Government or Department of any nation or by any person acting or purporting to act with the authority of such Government or Department or by any Committee or person having under the terms of the War Risks Insurance on the Vessel the right to give such orders, recommendations or directions, and if by reason of, and in compliance with any such orders, recommendations or directions anything is done or is not done the same shall not be deemed a deviation or a breach of this contract. Disembarkation of any Guest or discharge of baggage in accordance with such orders, recommendations or directions shall constitute due and proper fulfillment of the obligation of Carnival under this Contract.


(g) Specific stateroom assignments are not guaranteed. Carnival reserves the right to move Guests to a comparable stateroom for any reason, including but not limited to, instances in which the stateroom is booked with fewer than the maximum number of Guests the stateroom can accommodate; or when a partial Guest cancellation occurs and the remaining number of Guests do not match the maximum number of Guests the stateroom can accommodate.


8. COMPLIANCE WITH RULES, SOLICITATION, SMOKING, DRINKING, ILLEGAL ACTIVITY, SEARCHES, AND BEVERAGE POLICY


(a) Guest agrees during the course of the voyage to follow the directions of the ship’s Master, or his authorized officer. Guest further agrees not to solicit anyone on the vessel for any commercial or professional purposes. Guest agrees that any violation of this Clause may subject guest to disembarkation.


(b) Guest acknowledges that Carnival’s vessels contain non-smoking sections. Guest agrees to refrain from smoking in those sections and agrees that Carnival has the right to disembark the Guest for failure to observe Carnival’s non-smoking policy.


(c) Any and all forms of smoking, including but not limited to, cigarettes, cigars, electronic cigarettes, and personal vaporizers, are strictly prohibited onboard except in designated exterior open deck areas, certain night clubs, and designated areas in the casino. All staterooms and suite accommodations are entirely smoke free, including the outside balcony (Effective October 9, 2014). Guest agrees to strictly comply with Carnival’s non-smoking policy.  Guest further acknowledges and agrees that any violation of this policy shall, in the sole discretion of Carnival, constitute a material breach of this cruise contract.   In the event of such breach, Guest forfeits all rights hereunder, including the right to remain on board. Carnival reserves the right to disembark the Guest(s), at any port, as determined by Carnival. Carnival shall not be liable for any refund or other compensation or damages whatsoever to any Guest disembarked pursuant to this provision, or who disembarks because another Guest is so disembarked, and all such Guests forfeit all rights under Carnival’s “Vacation Guarantee.” Guest and Carnival further agree that any violation of the non-smoking policy would also cause Carnival to incur damages, including but not limited to, loss of guest goodwill, revenue, cleaning, maintenance and/or other costs. Guest and Carnival expressly acknowledge the difficulty of ascertaining the amount of such damages, and therefore agree that a reasonable estimate of the damages for any violation of the non-smoking policy is $250 USD.  Guest authorizes a charge in this amount as liquidated damages, as well as repatriation expenses (including airfare) against Guest’s on board charge account, without further notice, for any violation of the non-smoking policy.


(d) Guest agrees, in all ports of call, to return to the Vessel not less than 30 minutes before the scheduled departure time. Guest further acknowledges that shipboard and shore side clocks may have different times, but it is Guest’s responsibility to return to the vessel so as not to miss vessel’s departure. Any costs associated with transporting Guest to rejoin the vessel including, but not limited to, governmental fees, visa fees, subsistence, lodging, air fare, launch fare, car hire or agency fees shall be for the account of Guest.


(e) Carnival has a “zero tolerance” policy toward any illegal activity or behavior by Guests or crew aboard. Guest agrees to comply with this policy and further acknowledges that it is Carnival’s policy to report incidents of illegal activity or behavior to the appropriate law enforcement authorities.


(f) Beverage Policy:  For safety reasons, guests are prohibited from bringing alcoholic beverages on board with the following exception: At the beginning of the cruise during embarkation day, guests (21 years of age and older) may carry on in their hand luggage, one 750 ml bottle of sealed/unopened wine or champagne per person.  A $15 corkage fee (a charge exacted at a restaurant for every bottle of wine served that was not bought on the premises), per 750 ml bottle, will be charged should guests wish to consume their wine or champagne in a main dining room, steakhouse or bar.  Guests are also prohibited from bringing water, sodas and other non-alcoholic beverages on board that are packaged in bottles.  A small quantity of non-alcoholic beverages (i.e., sparkling water, sodas, juice, milk) packaged in cans or cartons may be brought on board on embarkation day, only if carried on in guests’ hand luggage (not in checked luggage).  A small quantity is considered a maximum of 12 sealed, unopened cans/cartons of 12 ounces each or less per person.  Any hard liquor, beer, other forms of alcoholic beverage, and non-alcoholic beverages, outside of the exceptions referenced above, are strictly prohibited (in both carry-on and checked luggage) and such items will be confiscated and discarded and no compensation will be provided. Alcoholic beverages purchased in the vessel’s gift shops or at a port of call will be retained by Carnival until the end of the voyage. Carnival reserves the right to refuse to serve alcohol to any passenger. Guest acknowledges that the minimum age permitted for the purchase, possession or consumption of alcoholic beverages aboard Carnival’s vessels is twenty-one (21). Guest agrees to supervise all persons under age twenty-one (21) under Guest’s charge to insure that they do not violate this, or any other, shipboard regulation. Guests who attempt to purchase alcohol by using false identification or the Sail & Sign card of a Guest who is twenty-one or older will be deemed in violation of this policy. Any Guest twenty-one or older who attempts to or purchases alcohol for any guest under twenty-one will also be deemed in violation of this policy. Guest agrees that Carnival has the right to disembark any guest who violates this policy and as well as any adults traveling with minors who violate this policy or any other shipboard regulation.


9. PERSONAL DATA; VIDEO SURVEILLANCE; RIGHT TO SEARCH OR INSPECT; PRIVACY NOTICE AND PUBLIC WIRELESS SERVICES


(a) Carnival may utilize closed circuit television or other surveillance means onboard the vessel.


(b) All Guests agree Carnival has, at all times with or without notice, the right to enter and search Guest’s stateroom, personal safe or storage spaces, or to search or screen any Guest, and/or personal effects, at any location, to ensure compliance with any of the restrictions set forth in this agreement. Any Guest who refuses any such search or screening may be denied boarding or disembarked and no refund of the cruise fare will be issued.


(c) Guests may provide personal data to Carnival that may include names, postal or email addresses, date of birth, passport information, financial account, telephone numbers, likenesses, photographs or other information which would identify Guests personally.  Guests may also provide Carnival or others certain sensitive data such as health, medical, dietary, religious, gender or sexual orientation information.  All Guests agree that Carnival may (1) keep their personal and sensitive data, (2) use it in its business worldwide in accordance with its published privacy policies, (3) share it with its affiliated or related companies and (4) subject it to processing worldwide provided Carnival’s safeguards are used.  All Guests agree that any personal or sensitive data provided to Carnival in the European Economic Area may be used, processed and transferred worldwide including to the U.S.


(d) All Guests agree that Carnival may disclose personal or sensitive data to unaffiliated third parties (1) with the Guest’s consent or authorization, (2) to help complete a transaction for the Guest, (3) to comply with law, applicable regulations, governmental and quasi-governmental requests, orders or legal process, (4) to enforce this or other agreements or protect the rights, safety or property of Carnival or others, (5) as part of a purchase, sale, or transfer of assets or our business, (6) to Carnival’s agents or service providers to perform functions on its behalf, or (7) as otherwise described in Carnival’s published privacy policies, as amended from time to time.


(e) Carnival may, but will not be required to, make wireless access to the Internet or access to wireless telephone services ("Wireless Services") available to Guests on board either directly or through a third party service provider.  All Guests agree that use of Wireless Services is at their own risk and that Carnival shall not be liable to Guests in any manner for claims, losses or damages resulting therefrom.  Guests’ use of Wireless Services onboard is public; privacy of any information sent or received is not guaranteed.  Personal data may be available to third-party service providers and Carnival is not liable under any circumstances for any lack of privacy while using Wireless Services.  All Guests agree that Carnival has the right, but not the obligation to monitor, record, intercept and disclose any transmissions over or using Wireless Services aboard the vessel, and to provide billing, account, or use records, and related information relating to all Wireless Services as it deems appropriate in its sole discretion (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect Carnival's rights, passengers or property).  All Guests agree that their use of Wireless Services is governed by Carnival's Terms and Conditions of Wireless Services [contained in your Folio or available on connection to the internet in addition to] any terms and conditions imposed by a third-party Wireless Services provider.


(f) Carnival may use facial recognition technology on all photos taken by Carnival during Guest's voyage as well as those photos Guest uploads to Carnival's mobile app. When Guest downloads Carnival's mobile app, Guest will be asked for consent to have himself/herself identified using facial recognition technology, so that Guest can locate pictures that onboard photographers and other guests have taken during Guest’s voyage. If Guest consents, Carnival will match these other photos to Guest’s name and SPMS Guest ID.  If Guest does not consent to be identified via facial recognition technology, others' photos will not be connected to Guest’s name or SPMS Guest ID.  Carnival deletes all un-identified photos within thirty (30) days after the end of each voyage. Any photos that have been identified and linked to Guest's SPMS Guest ID will be retained for thirty (30) days after the end of the voyage.  Carnival does not share facial recognition records with any third parties outside of the Carnival Corporation & plc group of companies. For more information about facial recognition technology, please email Carnival at specialservicessupport@carnival.com.


10. GUEST’S REIMBURSEMENT FOR FINES, EXPENSES, DEBTS AND DAMAGES


(a) The Guest shall be liable to and shall reimburse Carnival or the Master for any fines or penalties imposed on Carnival by any government, governmental agency or official, port or port official, for Guest’s failure to observe or comply with local requirements in respect of immigration, border patrol, customs and excise, agriculture, health or any other government regulation whatsoever.


(b) The Guest or Guest’s estate shall be liable to and shall reimburse Carnival for all deviation expenses (including loss of revenue), damages to the Vessel, its furnishings, operations or equipment, or any property of Carnival caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or any minors traveling with Guest. The Guest or Guest’s estate shall defend and indemnify Carnival and the Vessel, their servants and agents against liability which Carnival or the Vessel or such servants or agents may incur towards any person, company or Government for any damage to property, personal injury or death caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or minors traveling with Guest.


(c) Carnival and the Vessel shall have a lien upon all baggage, money and other property whatsoever accompanying the Guest and the right to sell the same by public auction or otherwise for all sums whatsoever due from the Guest under this Contract and for the costs and expenses of enforcing such lien and such sale.


11. INDEPENDENT CONTRACTORS, SHORE EXCURSIONS AND OTHER SERVICES


(a) Guest acknowledges that all Shore excursions/tours (whether conducted in the water, on land or by air), airline flights and ground transportation, as well as the ship’s physician, and on board concessions (including but not limited to, the gift shops, spa, beauty salon, fitness center, golf and art programs, video/snorkel concession) are either operated by or are independent contractors. Even though Carnival shall be entitled to collect a fee and earn a profit from the ticketing or sale of such services by such persons or entities, Carnival neither supervises nor controls their actions, nor makes any representation either expressed or implied as to their suitability. Carnival, in arranging for the services called for by the physician or nurse, all on board concessions, all shore excursion/tour tickets, all pre and post cruise airline flights or other transportation off of the ship and its tenders, does so only as a convenience for the Guest and Guests are free to use or not use these services. Guest agrees that Carnival assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Guest and/or Guest’s baggage, property or effects in connection with said services.  Guests use the services of all independent contractors at the Guest’s sole risk.   Independent contractors are entitled to make a proper charge for any service performed with respect to a Guest.


(b) Guest acknowledges that the ship’s masseuse, barber, hair dresser, manicurist, fitness or golf instructor, videographer, art auctioneer, gift shop personnel, wedding planners or other providers of personal services are employees of independent contractors and Carnival is not responsible for their actions. Guest further acknowledges that although independent contractors or their employees may use signage or clothing which contains the name “Carnival” or other related trade names or logos, the independent contractor status remains unchanged. Independent contractors, their employees and assistants are not agents, servants or employees of Carnival and have no authority to act on behalf of Carnival.


12. LIMITATIONS OF CARNIVAL’S LIABILITY


(a) In consideration for the fare paid, it is agreed that Carnival shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Carnival nor for any intentional or negligent acts of Carnival’s employees committed while off duty or outside the course and scope of their employment.


(b) In consideration for the fare paid, it is agreed that Carnival shall have no liability as a consequence of guest's use of ship's athletic or recreational equipment or as a consequence of guest's decision to participate in any athletic or recreational activity or event.


(c) On international cruises which neither embark, disembark nor call at any U.S. port and where the Guest commences the cruise by embarkation or disembarks at the end of the Cruise in a port of a European Member State, Carnival shall be entitled to any and all liability limitations and immunities for loss of or damage to luggage, death and/or personal injury as provided under EU Regulation 392/2009 on the liability of carriers to passengers in the event of accidents.  Unless the loss or damage was caused by a shipping incident, which is defined as a shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship (as defined by the Regulation), Carnival’s liability is limited to no more than 400,000 Special Drawing Rights (“SDR”) (approximately U.S. $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal) if the passenger proves that the incident was a result of Carnival’s fault or neglect.  If the loss or damage was caused by a shipping incident, Carnival’s liability is limited to no more than 250,000 SDRs (approximately U.S. $380,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal).  Compensation for loss caused by a shipping incident can increase to a maximum of 400,000 SDRs unless Carnival proves that the shipping incident occurred without Carnival’s fault or neglect.  Shipping incidents do not include acts of war, hostilities, civil war, insurrection, natural disasters, or intentional acts or omissions of third parties.  In cases where the loss or damage was caused in connection with war or terrorism, Carnival’s liability for any personal injury or death (whether occurring during a shipping incident or a non-shipping incident) is limited to the lower of 250,000 SDRs per passenger or 340 million SDRs per ship per incident.  Punitive damages are not recoverable for cruises covered by EU Regulation 392/2009.  For a copy of EU Regulation 392/2009, visit:


http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF.


In addition, Guests embarking a cruise in a European Member State port are afforded rights under EU Regulation 1177/2010.  For additional information on EU Regulation 392/2009 and EU Regulation 1177/2010, visit Carnival’s website at:


http://www.carnival.com/~/media/CCLUS/Images/pdf/eu-reg-no11772010-pdf.ashx 


http://www.carnival.com/~/media/CCLUS/Images/pdf/eu-reg-no3922009-pdf.ashx.


(d) Carnival shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of Carnival and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to be intentionally inflicted by Carnival.


(e) In addition to all the restrictions and exemptions from liability provided in this Contract, including under clause 12(c) for cruises that embark or disembark in a port of a European Member State, on all cruises Carnival shall also have the benefit of all statutes of the United States of America providing for limitation and exoneration from liability and the procedures provide thereby, including but not limited Title 46 of the United States Code sections 30501 through 30509, and 30511. Nothing in this Contract is intended to nor shall it operate to limit or deprive Carnival or any such statutory limitation of or exoneration from liability under any applicable laws.


13. JURISDICTION, VENUE, ARBITRATION, TIME LIMITS FOR CLAIMS AND GOVERNING LAW


(a) Carnival shall not be liable for any claims whatsoever for personal injury, illness or death of the guest, unless full particulars in writing are given to Carnival within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Carnival within 120 days after filing. Guest expressly waives all other potentially applicable state or federal limitations periods.


(b) Carnival shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the Guest, unless full particulars in writing are given to Carnival within 30 days after the Guest is landed from the Vessel or in the case the Voyage is abandoned, within 30 days thereafter. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six months after the date Guest is landed from the Vessel or in the case the Voyage is abandoned, within six months thereafter, and unless served upon Carnival within 120 days after commencement.   Guest expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the ADA, trade practices and/or advertising.


(c) Except as provided in Clause 13 (d) below, it is agreed by and between the Guest and Carnival that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Guest’s cruise, including travel to and from the vessel, shall be litigated, if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the Courts of any other county, state or country.


(d) Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest, whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or Guest’s cruise, no matter how described, pleaded or styled, between the Guest and Carnival, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in Miami-Dade County, Florida, U.S.A. to the exclusion of any other forum.  Guest hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in Miami-Dade, Florida. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference.  If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, you can contact them at:  National Arbitration and Mediation, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, telephone number (800) 358-2550.


NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT).  THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING.  OTHER RIGHTS THAT GUEST OR CARNIVAL WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.  An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA.  Carnival and Guest further agree to permit the taking of a deposition under oath of the Guest asserting the claim, or for whose benefit the claim is asserted, in any such arbitration.  In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of Clause 13 (c) above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Clause.


(e) Except as expressly provided in Clause 12 (c), any and all disputes whatsoever arising out of or relating to this Contract or Guest’s Cruise as well as the interpretation, applicability and enforcement of this Contract shall be governed exclusively by the general federal maritime law of the United States, without regard to choice of law rules, which replaces, supersedes and preempts any provision of law of any other state or nation, however, the terms of this Contract do not displace non-excludable consumer laws applicable in jurisdictions outside the United States.


14. CLASS ACTION WAIVER


THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION.  EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION.  IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE 13 (d) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 13 (d) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.


15. CARNIVAL’S USE OF GUEST’S LIKENESS


Each Guest grants Carnival and/or its promotional partners the exclusive right to include photographic, video and other visual portrayals of Guest in any medium of any nature whatsoever for any purpose including without limitation trade, advertising, sales, publicity or otherwise, without compensation to Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Carnival’s sole property, free from any claims by Guest or any person deriving any rights or interest from Guest.  Each Guest understands and agrees that professional onboard photographers may photograph Guest, and that those photos may be processed, displayed and sold to Guests and others.


16. GUEST’S USE OF PHOTOS, VIDEOS OR RECORDINGS PROHIBITED


Guest hereby expressly agrees that he/she will not utilize any tape recording, video, or photograph(s) of himself/herself, any other guest, crew, or third party on board the vessel, or depicting the vessel, its design, equipment, or any part thereof whatsoever, for any commercial purpose or in any media broadcast, or for any other non-private use, without the express written consent of Carnival. Guest acknowledges that by boarding the vessel, at any time, Guest irrevocably agrees to this provision, which is a condition precedent to being permitted on board the vessel and can be enforced by any legal means, including, but not limited to, injunctive relief.


17. GUEST’S OBLIGATIONS FOR EXPENSES OR IF CONFINED, DENIED BOARDING OR DISEMBARKED


(a) Guest agrees if Carnival incurs any expense or sustains any damage as delineated in but not limited to Clauses 2, 4, 8, 10 and this Clause, that Carnival may charge Guest’s on-board charge account for any expense incurred or damage sustained.


(b)  If guest is denied boarding, confined to a stateroom or disembarked from the vessel pursuant to any provision of this contract, including but not limited to Clauses 2, 4. 5, or 8, guest agrees:


 i. Carnival will not be liable for any refund of Cruise Fare, other compensation or any damages;


ii. All rights under Carnival’s Vacation Guarantee are forfeited. This forfeiture also applies to any guest who disembarks because another guest is disembarked;


iii. Disembarkation and repatriation to the embarkation port or any other destination will be at guest’s sole expense; and,


iv. To indemnify Carnival and that Carnival may charge Guest’s on-board charge account for any and all expenses incurred by Carnival in relation to Guest’s disembarkation and/or repatriation.



IMPORTANT TERMS AND CONDITIONS FOR NON CRUISE PORTIONS OF VACATION PACKAGES PLEASE READ CAREFULLY



18
. Please see above for the applicable terms and conditions for the cruise portion of Guests vacations.  The terms and conditions in this paragraph apply only to Carnival’s responsibilities for non cruise portions of vacation packages.  Other terms and conditions with respect to air travel, hotel and other non cruise activities may be applied by the entities providing those services.


19. The payment of the required deposit or any partial or full payment for reservation of a land package before or after the cruise shall constitute acceptance and consent to all of the terms and conditions of this Contract and the General Information and Vacation Package Conditions and Restrictions contained in the brochure for such vacation package and/or the brochures and circulars of the suppliers.   These provisions are hereby incorporated by reference in this Contract and vacation package Guests (hereinafter referred to as Guests) are advised to take note of them.


20. For purposes of this paragraph “CARNIVAL” refers to Carnival Cruise Line, its affiliates, subsidiary companies, agents, servants, and employees.  CARNIVAL is the principle tour operator and its responsibility to Guests is limited to the arrangement of all tours and accommodations offered in these vacation packages.  CARNIVAL shall not be responsible for personal injuries, death, or property damage, economic loss, inconvenience or delay, consequential damages, or change of itinerary or accommodations incurred by any person or Guest which may occur due to acts or omissions or tortious conduct on the part of any direct or supplemental air carrier, hotel or other suppliers of arrangements and services or other independent contractors, their employees, agents or others not under the direct control of CARNIVAL.


21. CARNIVAL reserves the right to decline to accept or to reject any person as a Guest, at any time, or to cancel a vacation package due to circumstances beyond the control of CARNIVAL.


22. CARNIVAL reserves the right to substitute hotels for other hotels in a similar category, to substitute air carriers, and to change schedules without prior notice should circumstances so require.

23. If a change in the itinerary is needed due to factors or conditions beyond CARNIVAL'S control, no refund or credit will be made, however, CARNIVAL will make an effort to provide accommodations and services of a comparable quality and standard as set forth in the brochure.  Any such change shall not modify the cancellation provisions in the brochure.  No credit will be allowed or refund given for any services provided in the brochure should any such services not be utilized by Participants.


24. CARNIVAL makes no representations or warranties, implied or otherwise, in regard to the reliability of suppliers or independent contractors, nor does it assume a duty of safety or responsibility for the independent acts of suppliers, independent contractors, their employees or agents.


25. Vacation packages are non-transferable.  Fares shall be deemed to be earned when paid and non-refundable unless otherwise expressly stated in the cancellation provisions in the brochure.


26. CARNIVAL shall not be liable for any claims whatsoever other than for personal injury, illness or death, of the Guest unless full particulars thereof in writing are given to CARNIVAL within 30 days after the Guest shall complete the packages, or in the case that the tour is abandoned, within 30 days thereafter.  Suit to recover any claim shall not be maintainable in any event unless commenced within six months after the date of the loss.


27. CARNIVAL shall not be liable for any claims whatsoever for personal injury, or illness or death of the guest unless full particulars in writing are given to Carnival within 185 days after the date of the injury, event, illness or death giving rise to the claim.  Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Carnival within 120 days after filing.


28. It is agreed by Guest and CARNIVAL that all disputes between Guest and CARNIVAL arising under or in connection with a vacation package shall be litigated, if at all, in and before the United States District Court for the Southern District of Florida in Miami-Dade County, Florida, U.S.A., to the exclusion of the courts of any other state or county.



IMPORTANT ADDITIONAL TERMS AND CONDITIONS FOR CARNIVAL’S AIR PROGRAMS



29. Arrangements by CARNIVAL:  If you are participating in our Fly Aweigh® program or Fly Aweigh® and Tour package, FLY2FUN program, or FLY2FUN and Tour package, Carnival will arrange for air transportation from the select home cities offered to an airport near the departure point of your Cruise or Cruise tour and return air transportation from an airport near the termination point of your Cruise or Cruise tour to the home city from which you departed.  Please refer to Carnival’s web page for additional information on our Fly Aweigh® program or FLY2FUN program and destinations. Carnival reserves the right to add or withdraw an air city at any time, but will attempt to accommodate those Guests under deposit or final payment. Air bookings are not guaranteed and are subject to air carrier’s availability and restrictions. Due to the special fares and capacity limitations imposed by the airlines, Carnival retains the right to select carriers and determine routings for guests purchasing the FlyAweigh program.  Some routings may involve travel to an airport other than in the city where the ship embarks or disembarks. Flight schedules and/or availability may require overnight hotel accommodations either to join and/or to return from your cruise or cruise tour; only in those instances, where an overnight stay is required and for FlyAweigh bookings only, Carnival will cover the cost for the hotel, taxes, porterage and transportation between the hotel and the airport/pier; any additional expenses will be the responsibility of the Guest. Guest who purchased the FLY2FUN program will be responsible for securing their own hotel accommodations and will be responsible for hotel, taxes, porterage and transportation between the hotel and the airport/pier. 


30. Schedule Changes/Air Delays:  Carnival strives to accommodate each guest on flights that will ensure timely arrival and boarding of your ship. In the event that the guest is precluded from a timely arrival to the port of embarkation, as a result of weather conditions or other flight delays, Carnival, at its own expense, will make the flight, transportation, and lodging arrangements necessary to coordinate for the guest’s successful boarding at ship’s next port of call.   Carnival reserves the right to change or alter, without notice, flight arrangements in order to meet our ship departure and/or arrival times. Guest will be notified of flight re-accommodations.  If tickets have already been issued, Carnival will adjust your itinerary or air carrier accordingly and will notify Guests of any price adjustments that may be necessary.  If you choose to cancel your flight arrangements or alter your airline schedule in any way once your tickets have been issued (except when an itinerary or carrier adjustment has occurred and Guests have purchased the FlyAweigh program), you will be responsible for any additional cost or fees resulting from the cancellation or change, which can total up to the full cost of the ticket. If you request Carnival’s assistance with a change in airline arrangements, within 60 days of departure and you purchased the FlyAweigh or FLY2FUN Flexible Fare program, a service fee of $200 USD, or its equivalent in foreign currency, will be levied in addition to any charges imposed by the airlines. If you purchased the FLY2FUN Restricted Fare program and you chose to make a change, all airline imposed change fees will be levied regardless of when the change is made.  If your flights are delayed, refer www.carnival.com/flyaweigh or www.carnival.com/FLY2FUN.


31. Refunds/Seat Assignments/Special Services/Fares/Lost Tickets/Baggage Charges: For FlyAweigh® bookings, all tickets are issued at the lowest applicable economy fare available and all fare restrictions apply. Failure to use your FlyAweigh or FLY2FUN airline tickets results in a waiver of its value and any compensation; unused airline tickets are only refundable to Carnival. Please note that because of changing airline tariffs, your actual air ticket may reflect fares higher or lower than the air add-on or cruise only credit amounts originally quoted. If so, the difference is neither chargeable nor refundable to you; you will be charged the amount originally quoted. Carnival reserves the right to pass on to the Guest any cancellation or change penalties, which may total up to the amount originally quoted. It is your sole responsibility to re-confirm flight arrangements, within 48 hours of flight departure. Please note that although Carnival Cruise Line can pass requests for seat assignments, special meals and special assistance to the airlines, we cannot guarantee that such requests will be honored. For the best travel experience, we recommend that guests or their travel agents contact the airlines directly to confirm these requests. Carnival is not responsible for airline schedule changes. Guests are responsible for luggage fees, excess luggage charges as well as any other charges imposed by airlines or airports. For additional information on airline’s baggage charges and fees please refer www.carnival.com/airlinebaggagefees,reference against the Travel Information page you received along with your cabin confirmation or the Travel Information page in your cruise document accessed through Manage My Cruise. If a paper ticket is issued instead of an E-ticket, the original paper ticket must be returned to Carnival; any outstanding refund will be held pending the receipt of the paper tickets. 



32. Liability and Relationship with Airlines:  If Carnival is unable to arrange for air transportation for any cause beyond Carnival’s control, such as airline capacity controls, air transportation arranged is no longer available, or otherwise fails to materialize, Carnival’s sole liability will be limited to refunding the air add-on paid or cruise only credit.  Carnival acts as an independent travel agent, and it is not affiliated with the airline carriers. Carnival books air as a convenience for the Guests. Carnival assumes no liability for any of the airlines’ acts or omissions, including, without limitation, those involving cancellation of flights, schedule changes, re-routings, damage to or delay or loss of baggage, flight delays, equipment failures, accidents, pilot or other staff shortages, overbooking or clerical/system errors.  Your rights against the airlines are controlled and subject to the terms and conditions set forth in the airline’s ticket and tariffs, and any and all applicable laws and regulations.

MOBILE APPLICATION TERMS & CONDITIONS AND PRIVACY POLICY

 

CARNIVAL MOBILE APPLICATION

CARNIVAL MOBILE APP PRIVACY POLICY

 

End User License Agreement for

CARNIVAL MOBILE APPLICATION

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD, INSTALL OR USE THE APPLICATION.


Introduction and Overview


Please read this end user software license agreement (“License”) carefully before clicking the “Accept” button or downloading or using the Carnival Mobile Application (“Application” or “App”).  As used herein, “Application” includes, without limitation, any services specific to the Application, software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this License.  These terms are an agreement between You and Carnival Cruise Lines (“Carnival,” “us,” and “our”) and its affiliates (individually and collectively, “Carnival”).  “You,” “Your” and “Licensee” in this License refer to You, an individual, and/or to the company or other legal entity on whose behalf You accept this License.


TO USE MANY OF THE FEATURES OF THIS APP, YOU MUST BE ON BOARD A CARNIVAL VESSEL. 


This Application is licensed to You by Carnival for use strictly in accordance with the terms and conditions of this License.  By clicking the “accept” button or downloading or using the Application, You are entering into and agreeing to be bound by the terms of this License, the Carnival Terms and Conditions located at http://www.carnival.com/about-carnival/legal-notice/termsandconditions.aspx#TERMSANDCONDITIONS, the Carnival Mobile App Privacy Policy located at http://www.carnival.com/about-carnival/legal-notice/privacy-policy.aspx#PRIVACYPOLICY, each as amended from time to time, which policies are incorporated herein by reference.  If there are any inconsistencies between this License and the Carnival Terms and Conditions or between the Carnival Mobile App Privacy Policy and the Carnival.com Privacy Policy, this License and the Carnival Mobile App Privacy Policy, respectively, take precedence with respect to the Application.  If at any time after reviewing the Application You wish to terminate this License, You must un-install and remove the Application from Your Device, and delete any copy in Your possession.


Your use of the Application also may be governed by terms and conditions required by (i) any applicable third party content and service providers, (ii) the manufacturer and other providers of Your Device and its hardware and software components, including its operating system, (iii) the online store or other applicable distributor through which You obtain the Application, (iv) the applicable wireless service agreement for Your Device, (v) any applicable open source or third party software license, and (vi) the terms or conditions governing Your personal accounts for web content services You access through the Application ((i) through (vi), including without limitation those terms listed in the “Third Party Terms” section of this License, collectively being referred to as the “Related Agreements”).  No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting Carnival’s rights and remedies or Your obligations under this License, or waiving any restrictions on Your rights to use the Application under this License.  This License shall not have the effect of limiting, encumbering or otherwise restricting Carnival’s rights and remedies or Your obligations under any Related Agreement between You and Carnival, or waiving any restrictions on Your rights under any Related Agreement between You and Carnival.  You understand and agree that even if You are not the account-holder for Your Device, Your purchase and use of the Application is governed by terms and conditions in the applicable service wireless service agreement for Your Device.


If Carnival makes any updates or upgrades to the Application available to You, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.


IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND SEVENTEEN (17), YOU MAY USE THIS APPLICATION ONLY WITH THE INVOLVEMENT OF A PARENT OR GUARDIAN WHO AGREES TO THESE TERMS AND TO BE RESPONSIBLE FOR YOUR USE.


IF YOU ARE UNDER THE AGE OF 13, YOU MAY ONLY USE THIS APPLICATION WITH THE EXPRESS CONSENT OF YOUR PARENT OR LEGAL GUARDIAN


Your Parent or Legal Guardian can provide Carnival with their consent in the following ways:


  • Using a credit card, debit card, or other online payment system that provides notification of each separate transaction to the account holder; 
  • Providing consent when granting You authority to make charges to Your parent’s Sail & Sign account;
  • If onboard a Carnival Vessel, providing a copy of a form of government issued ID to Guest Services. 

Each time You access and/or use the Application (other than to simply read the terms and conditions of this License), You agree to be bound by and comply with the terms and conditions of this License, the Carnival Terms and Conditions, the Carnival Mobile App Privacy Policy and any other applicable terms and conditions set forth in any Related Agreements.  DO NOT USE THIS APPLICATION IF YOU DO NOT AGREE. 

The business realities associated with operating the Application are such that, without the conditions that are set forth in this License – such as Your grants and waivers of rights, the limitations on our liability, and Your indemnity to us – we would not make the Application available to You.


THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISION INCLUDED IN SECTION 11 OF THIS LICENSE.


1.   THE APPLICATION:  In order to access the Application while aboard Carnival Vessels (“Vessels”), You will need access to the unsecured Carnival Wi-Fi Service (“Wi-Fi”).  Please review the Terms of Service & Acceptable Use Policy for the Carnival Wi-Fi Service onboard prior to accessing Wi-Fi.


The Application allows You to effortlessly find up-to-date information about Your Carnival cruise:


  • Before check-in, countdown to Your cruise and share the application with Your friends. 
  • After check-in, when You log in with WiFi, You will be able to access information regarding onboard activities, restaurants, menus, open times, entertainment, ports of call, spa services, and shopping.

You can also:

  • Create an online profile. You can choose an avatar from Facebook or Your phone image library and whether to make Your profile public or private.
  • View ship messages and announcements
  • See what's happening every minute of every day
  • Save favorite activities to one convenient list
  • If You purchase the Application Chat function, You can add other cruisers who have also purchased the Application Chat function to Your contacts and Chat with them during Your cruise.

Voice, data and messaging rates may apply when You use this Application. 


1.1          CONSENT TO USE LOCATION INFORMATION:  By using this Application, You agree that Carnival may collect and share Your Location Information for such purpose.  If You do not want Your Location Information collected either do not download/use the Application or You may modify Your Device settings to disable collection of Your Location Information.


1.2          CONSENT TO DISCLOSE PERSONAL INFORMATION:  This Application allows You to create a Profile in which You can share Your name, Your cruise itinerary, plans, and other information regarding Your cruise. This Application also allows You to view some of the Personal Information of the contact that You add to Your Profile.  In addition, if You elect to purchase the Application Chat function, You can communicate with contacts that You add to Your profile.  You and the contact with whom You communicate will be able to view past Chats.  You consent to the display of Your personal information, including without limitation Your name, photo, or other information, by the Application.


2.           LICENSE GRANT AND USE RESTRICTIONS.


2.1   License Grant.  Subject to the restrictions set forth in Section 2.2, Carnival grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application on a single device owned and controlled by You (“Device”), and to access and use the Application on such Device solely for Your personal entertainment use, strictly in accordance with the terms and conditions of this License, the Related Agreements, and all applicable local, national, and international laws and regulations.  You represent, warrant and agree that You are using the Application solely for Your own personal entertainment use and not for redistribution or transfer of any kind.


2.1   Restrictions on Use.  You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Carnival or its collaborators, suppliers or licensors; (e) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Application to multiple Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Carnival; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of Carnival or other intellectual property of Carnival in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device or (m) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application.  You agree to abide by the rules and policies established from time to time by Carnival.  Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues.  These obligations survive termination of this License.


3.          INTELLECTUAL PROPERTY RIGHTS


3.1   Rights to Application. You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use on Your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Carnival or its collaborators, licensors, or suppliers.  Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Carnival and its collaborators, licensors and suppliers.  Title to the Application shall remain with Carnival.  Carnival and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so.  Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Carnival.   These obligations survive termination of this License.


3.2   Carnival Marks.  Carnival owns all right, title and interest in and to all trademarks, service marks, and trade names included in the Application.  For additional information about Carnival’s copyright, trademark and other intellectual property rights, please click here http://www.carnival.com/about-carnival/legal-notice/copyright.aspx. You are not authorized to use the Carnival Marks in any advertising, publicity or in any other commercial manner without the prior written consent of Carnival, which may be withheld for any or no reason.  These obligations survive termination of this License.


3.3   Open Source Software.  The Application may utilize or include third party software that is subject to open source license terms (“Open Source Software”).  You acknowledge and agree that Your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the “Open Source License Terms”).  In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control. 


4.          NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.


4.1   General. You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties (“Third Party Content and Services”). 


4.2   Disclaimer. You acknowledge that Carnival does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Carnival shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Third parties may collect information about You and Your Device if You choose to use Third Party Content and Services.  Carnival and its collaborators, suppliers, and licensors are not responsible for third parties’ data collection practices.  Carnival encourages You to review the third parties’ privacy policies.


4.3   Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein.  You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that Carnival and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.  You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that Carnival and its collaborators, suppliers, and licensors are not in any way responsible for any such use by You.


4.4   Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Carnival of such Third Party Content and Services.  Carnival reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Carnival has no obligation to restrict or deny access even if requested by You.


4.5   Inaccurate or Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that You or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears in search results, as a link or reference to objectionable material.  Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that Carnival and its collaborators, suppliers, and licensors shall have no liability to You for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable. 


5.          ACCOUNTS, PROFILES AND SOCIAL FEATURES


5.1   Accounts.  In order to access or use the features on the Service, You must be onboard a Vessel.  The Application’s practices governing any resulting collection and use of Your personal information are disclosed in its Privacy Policy.  IF YOU ARE UNDER THE AGE OF THIRTEEN (13) THEN CARNIVAL MUST OBTAIN VERIFIABLE CONSENT FROM YOUR PARENTS BEFORE YOU CAN REGISTER AS A USER, CREATE A PROFILE PAGE, SUBMIT PERSONAL INFORMATION TO US, OR OTHERWISE USE THIS APPLICATION.  FOR INFORMATION ON THIS PROCESS, SEE GUEST SERVICES ON BOARD.


Your username will be your cruise Folio number and Your password will be the month and day of your birth (mm/dd) and You agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive.  We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about Yourself in connection with the registration process and, as permitted, to maintain and update it including on Your Profile Page, continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under Your account, password, and username – whether or not You authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of Your password and for restricting access to Your Device so that others may not access any password protected portion of the Application using Your name, username, or password; (v) You will immediately notify us of any unauthorized use of Your account, password, or username, or any other breach of security; (vi) You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and You will not post private or confidential information via the App, including, without limitation, Your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses; (vii) You will not use the App for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to Your use of the App and your Content (defined below), including but not limited to, copyright laws; (viii) You will not interfere or disrupt the App or servers or networks connected to the App, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; and (ix) You will not sell, transfer, or assign Your account or any account rights.


We will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with any of the foregoing obligations. 


If any information that You provide, or if we have reasonable grounds to suspect that any information that You provide, is false, inaccurate, outdated, incomplete, or violates any applicable terms or conditions or law, then we may suspend or terminate Your account.  We also reserve the more general and broad right to terminate Your account or suspend or otherwise deny You access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.


5.2   Profiles.  When You are on board Your Vessel, You can create a Profile.  To create a Profile, You must be logged in to the Vessel’s Wi-Fi.  Click here for terms and conditions related to the Carnival Wi-Fi Service.  You must enter Your cruise Folio number, and the month and day of Your birth (mm/dd).  You may be able to create a nickname and/or choose a profile picture.  However, if You choose to submit photographs to the Application or include other images of real people, then make sure they are of You or of You and someone You know – and only if You have their express permission to submit it.  EACH MEMBER OF YOUR TRAVELING PARTY MUST CREATE HIS OR HER OWN PROFILE IN ORDER TO ACCESS THE APP AND RELATED SERVICES.


Without limiting the foregoing, Profile Pages may not include content that You are attempting to sell through the Application, and cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests or other promotions absent our prior written consent.  We may offer You the ability to set preferences relating to Your profile or Application activities, but settings may not become effective immediately or be error free, and options may change from time-to-time.  We assume no responsibility or liability for users’ Profile material.


We do not review Profile Pages to determine if they were created by an authorized person or an appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on the Application.  If there is any dispute as to whether a Profile Page has been created or is being maintained by an authorized representative of the individual who is the subject of that Profile Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion.  Such resolution may include, without limitation, deleting or disabling access to Profile Pages, or any portion thereof, at any time without notice.


5.3   Family and Friends.  The Family and Friends feature allows You to plan Your shipboard activities with Your Family and Friends and other guests and to Chat with each other with the Chat function. Each person must purchase their own subscription for the Carnival Chat function in order to utilize this feature.  You can add family members and friends to Your contacts..  Family and Friends can share itinerary and activity information.


To invite Family or Friends who have their own App Profiles, You will need to sign in to the App and send Your Family Member or Friend an invitation to their e-mail address.  When a Family Member or Friend accepts Your information, that person can see Your name or nickname, Your Profile photograph, and Your entire trip itinerary.  Family and Friends who are on Your reservation will also be able to see Your reservation information.


Your Family Members and/or Friends may also send You an invitation.  You acknowledge that by sending and/or accepting an invitation to connect on the App, You authorize that Family Member or Friend to plan or modify activities for You without notice to You.  Carnival is not liable or responsible for the conduct of the family or friends You choose to connect with on the App, including in the planning or modification of activities on Your behalf, or for a family or friend’s use of any information You choose to share with the family or friend.


If You create a profile for a Family Member or a Friend who does not have his or her own App account, You are not creating an App account for that person.  Instead, You are providing information about that Family Member or Friend in order to add him or her to activities on that person’s behalf.  You may remove Family Members or Friends from these “Managed Profiles” at any time.


5.4   User Generated Content. Carnival may allow You to upload certain images, graphics, photos, audio and video clips, statements and other content or materials (collectively, "Content") on or through the App. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the App. You are solely responsible for your conduct and any Content that You post on or through the App. Carnival may, but has no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that Carnival determines in its sole discretion violates this License.


Carnival does not claim ownership of any Content that You post on or through the App. Instead, you hereby grant to Carnival a non-exclusive, perpetual, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use publish and distribute the Content that you post on or through the App in all media and types of advertising and promotion throughout the world. You represent and warrant that: (i) You own the Content posted by You on or through the App or otherwise have the right to grant the rights and licenses set forth in these terms; (ii) the posting and use of your Content on or through the App does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed by reason of Content You post on or through the App; (iv) no advertisement or other materials need be submitted to You for further approval and Carnival shall be without liability to You for any distortion or illusionary effect resulting from the publication of my biography, picture, and likeness; and (v) You have the legal right and capacity to enter into this License in your jurisdiction. Additionally, You expressly release Carnival from and against any and all claims which You may have at any time for the remuneration, invasion of privacy, rights of publicity, defamation  or any cause of action arising out of Carnival’s use or any advertisement, marketing device or other publication relating to Carnival’s use of your Content.


6.          PURCHASE OF CHAT SUBSCRIPTION


6.1   The Application Chat function will enable You to communicate (“Chat”) with Your Friends and Family while on the Vessel.  All Friends and Family who are identified as “travel with,” “same cabin” or “same account” on Your Folio will automatically be pre-loaded as contacts. In order to Chat with anyone else, You must first add them to Your Profile and they must accept Your invitation to Chat.  In order to use the Carnival Chat function, You must purchase a subscription. A valid/funded/activated sail and sign card is required for purchase.   Your Friend and/or Family Member must also be subscribed to Carnival Chat. The purchase of a Carnival Chat subscription is a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use the Chat function for the duration of Your Carnival sailing.  Accordingly, Youhave no property, proprietary, intellectual property, ownership, or monetary interest in Your Chats, which remain our Content.  The right may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.  We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.


6.2   You may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items.  Any such attempted transfer will be null and void.


6.3   If we suspend or terminate any usage subscriptions or virtual items, then You will forfeit the suspended or terminated subscription or items, except as may be set forth in any additional terms (such as any refund policies that may apply to a subscription service).  Likewise, except as may be set forth in any additional terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing You any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.


7.          TERM AND TERMINATION. This License shall be effective until terminated. Carnival may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice.  Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Carnival Upon the termination of this License, You shall cease all use of the Application and uninstall the Application.  Carnival may, without notice to You, disable the Application.  Carnival will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy Carnival may have, now or in the future.  These obligations survive termination of this License.


8.          DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  FURTHERMORE, CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARNIVAL OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.  FURTHERMORE, YOU ACKNOWLEDGE THAT CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. YOU ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE.  CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOTWARRANT THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE.  FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE.  YOU ACKNOWLEDGE AND AGREE THAT CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS.  SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION.  THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.

NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.


9.          LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL CARNIVAL, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARNIVAL’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APPLICATION, (ii) THE AGGREGATE AMOUNT YOU PAID TO CARNIVAL FOR THE APPLICATION DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  THIS SECTION 9 SHALL SURVIVE TERMINATION OF THIS LICENSE.


10.          INDEMNIFICATION.  You shall indemnify, defend and hold harmless CARNIVAL and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of this Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. You will promptly notify Carnival in writing of any third-party claim arising out of or in connection with Your access to or use of the Application.  These obligations survive termination of this License.


11.          DISPUTE RESOLUTION BY BINDING ARBITRATION


PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS

Summary:


Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-888-227-6482. In the unlikely event that Carnival's customer service department is unable to resolve a complaint You may have to Your satisfaction (or if Carnival has not been able to resolve a dispute it has with You after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.  The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this License, and will be administered by the AAA in Miami, Florida.  Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.  Any arbitration under this License will take place on an individual basis; class arbitrations and class actions are not permitted.


12.          MISCELLANEOUS.  The following provisions survive termination of this License:


12.1   Governing Law, Limitation on Actions.  This site is controlled and operated by Carnival from its offices within the State of Florida, United States of America. Carnival makes no representation that materials in the site are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Miami-Dade County and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action


12.2   Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.


12.3   Waiver.   Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.


12.4   Modification or Amendment. Carnival reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the App (or any function or feature of the App or any part thereof, including but not limited to rates and charges) with or without notice. You agree that Carnival will not be liable to You or to any third party for any such modification, suspension or discontinuance of the Service. This License may be updated or changed from time to time, as determined by Carnival in its sole discretion. Carnival will provide notice of changes in the License in any manner acceptable by law, including by posting them to our onboard website or at such other website as Carnival may designate. Any changes or modifications will be effective immediately upon such notice, and You waive any right You may have to receive specific notice of such changes or modifications. Your use of the App following updates or a change to this License constitutes Your acceptance of those changes; therefore, You should frequently review this license to understand the terms and conditions that apply to Your use of the Service. If You do not agree to the revisions, You must terminate Your use of the App immediately.


12.5   Survival. Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.


12.6   Third Party Beneficiaries.  Except as explicitly provided in this License or in the Related Agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. 


12.7   No Transfer by You.  You may not rent, lease, lend, sublicense, assign or transfer the Application, this License or any of the rights granted hereunder.  Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.  These obligations survive termination of this License.  Carnival may assign this License without restriction.


12.8   Copyright Complaints.  Carnival respects the intellectual property rights of others. If You believe that Your work has been copied and has been posted, stored or transmitted by or through the Application in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Carnival’s Copyright Agent the following written information:


  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that You claim has been infringed upon; 
  • A specific description of where the material that You claim is infringing is located; 
  • Your address, telephone number, and e-mail address; 
  • A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. 
       

Carnival’s Copyright Agent for notice of claims of copyright infringement relating to the Application can be reached as follows:

Attn: General Counsel
Carnival Cruise Lines
3655 NW 87th Avenue
MLGL-815
Miami, Florida 33178-2428

For more information about Carnival’s copyright protection practices under the DMCA and for information on how to contact Carnival’s DMCA agent, please refer to http://www.carnival.com/about-carnival/legal-notice/copyright.aspx.


12.9          Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.


Third Party Terms.   The below Third Party Terms are incorporated herein and made part of this License:  Apple and Google.


APPLE:  Additional provisions and Usage Rules required by Apple, Inc. (“Apple”) may be found at www.apple.com/legal/itunes/appstore/us/terms.html.  If Your Device is manufactured by Apple or if You obtain the downloadable Application through iTunes, You and Carnival acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, Apple will have the right to enforce this License against You in its capacity as a third party beneficiary to the License.  APPLE SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE APPLICATION OR YOUR USE OR POSSESSION OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO (i) PRODUCT LIABILITY CLAIMS, (ii) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (iv) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED.  IF YOU HAVE PAID ANY FEE TO APPLE FOR USE OF THE APPLICATION, IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE APPLICATION.  APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.


GOOGLE:  Additional provisions and Usage Rules required by Google Inc. (“Google”) may be found at https://play.google.com/intl/en_us/about/play-terms.html.  If Your Device is manufactured by Google or if You obtain the downloadable Application through Google Play, You and Carnival acknowledge and agree that Google and its subsidiaries are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, Google will have the right to enforce this License against You in its capacity as a third party beneficiary to the License.

April 2015




CARNIVAL MOBILE APP PRIVACY POLICY

Effective Date:  April 2015

Introduction


Welcome! Thank you for downloading the CARNIVAL MOBILE APPLICATION (“Application” or “App”). The App is owned and operated by Carnival Cruise Lines, a division of Carnival Corporation (“Carnival,” “we,” “our” or “us”).  This Privacy Policy governs your use of the App and also applies to your use of interactive features (e.g., Carnival Chat), widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through the App and/or that posts a link to this Privacy Policy, but does not apply to data we receive from third parties, even if they use our technology to collect it, unless we combine such data with Personal Information (defined below) that we have ourselves collected under this Privacy Policy. This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Application (unless otherwise stated below), and does not govern the data practices of third parties that may interact with our App. 


To the extent we provide you notice on our App of different or additional privacy policies or practices (e.g., at the point of our collection of information), those additional terms shall govern such data collection and use. 


In addition, please review the Application’s End User License Agreement, located at http://www.carnival.com/about-carnival/legal-notice/termsandconditions.aspx (“License”), which governs your use of the Application  By using our Application, you consent to our Privacy Policy and License and our collection, use and sharing of your information and data, and other activities, as described below.

IF YOU ARE A PARENT OF A CHILD UNDER THIRTEEN (13) WHO MAY DOWNLOAD THIS APPLICATION, PRIOR TO DOWNLOADING THE APPLICATION TO YOUR CHILD’S DEVICE, YOU MUST REVIEW OUR PRIVACY POLICY FOR CHILDREN IN SECTION 3, BELOW.


1.         Information We Collect

(a) Personal Information, Demographic Information, and Location Information.  On the Application, we may ask you to provide us with certain categories of information such as: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, and home address (“Personal Information”); (2) demographic information, such as information about your gender, age, and marital status (“Demographic Information”); and (3) location-based information (“Location Information”) that we collect from the location of your Mobile Phone, Tablet or other Device (a “Device”).   We may collect this information through various forms and in various places on the Application, including your Account Registration Page and Profile Page, or when you otherwise interact with the Application.  To the extent we combine Demographic Information with your Personal Information we collect directly from you on the Application, we will treat the combined data as Personal Information under this Privacy Policy.


By providing personal and demographic information through this Application you explicitly agree to our collection and use of that information as described in this Privacy Policy. You agree that we may use the personal information you provide to respond to your inquiries, process orders, contact you regarding customer service, let you know about products or services which may be of interest to you or to personalize our service to meet your needs or preferences. This may involve sharing certain information with our medical staff, affiliated companies or third parties, for instance, if you require a wheelchair or have dietary preferences. You also agree that we may share your personal information with our affiliated companies and third parties as described in this Privacy Policy. You further agree that the information you provide is current, accurate and that you will update it if there are any changes.


(b)       Information Collected or Stored As You Access and Use the Application

In addition to any Personal Information or other information that you choose to submit to us via our Application, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Application (“Usage Information”).  This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your Device whenever you visit or interact with our Application.  To the extent we associate Usage Information with your Personal Information we collect directly from you on the Application, we will treat it as Personal Information. 


This Usage Information may include:


  • Registration information you provide when you create an account, including your first name and surname, country of residence, gender, date of birth, email address, username and password, cruise date, and folio number. 
  • your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Application, and our computers identify your Device by its Device Identifier; 
  • your Device functionality (including browser, operating system, hardware, mobile network information); 
  • the URL that referred you to our Application; 
  • the areas within our Application that you visit and your activities there, including remembering you and your preferences; 
  • your Device location (i.e., your Location Information); 
  • Information sent either one-to-one or within a limited group using our message, chat, post or similar functionality, where we are permitted by law to collect this information; 
  • Information you provide to us when you use our sites and applications, our applications on third-party sites or platforms such as social networking sites, or link your profile on a third-party site or platform with your registration account 
  • your Device characteristics; and 
  • certain other Device data, including the time of day, among other information


We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”).  Tracking Technologies may set, change, alter or modify settings or configurations on your Device.  A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):


Cookies.  This Application uses "cookies" to help personalize your experience with this App, such as recognizing your name when you revisit, as well as to assist us in marketing and advertising. A cookie is a text file that is anonymously placed on your hard disk by a web page server. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device.  HTML5 cookies can be programmed through HTML5 local storage.  Unlike Flash cookies, HTML5 cookies do not require a plug-in.


Cookies cannot be used to run programs or deliver viruses to your computer. Cookies placed when you visit our App do not personally identify you, but they do allow us to monitor certain statistics which help us improve our services, such as how many visitors view certain pages in the Application.


Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings.  Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard.  Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies.  For information on disabling Flash cookies, go to Adobe’s web site www.adobe.com.  Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Application may not function properly, and that when you revisit our Application your ability to limit cookies is subject to your browser settings and limitations. 


Web Beacons.  Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our Application’s pages and messages.  Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon.  Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Application, to monitor how users navigate the Application, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed. 


Embedded Scripts.  An embedded script is programming code that is designed to collect information about your interactions with the Application, such as the links you click on.  The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Application, and is deactivated or deleted thereafter. 


Browser Fingerprinting.  Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification. 


ETag, or Entity Tag.  A feature of the cache in browsers.  It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.  If the resource content at that URL ever changes, a new and differentETag is assigned.  Used in this manner ETags are a form of Device Identifier.  ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies. 


Recognition Technologies.   Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user). 


We may use Tracking Technologies for a variety of purposes, including:


Strictly Necessary.  We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Application, including cookies required to prevent fraudulent activity, improve security or allow you to make use of shopping‑cart functionality. 


Performance‑Related.  We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Application, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Application. 


Functionality‑Related.  We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Application, including identifying you when you sign‑in to our App or keeping track of our specified preferences, including in terms of the presentation of content on our App.


Targeting‑Related.  We may use Tracking Technologies to deliver content, including ads, relevant to your interests on our Application and third‑party sites based on how you interact with our advertisements or content.  This includes using Tracking Technologies to understand the usefulness to you of the advertisements and content that have been delivered to you.  Further information on this, and your opt-out choices, is found in Section 6 below. 


(c)        Information Third Parties Provide About You


We may receive information about you from your friends and others that use the Application, such as when they submit content to us or post on the App.  Additionally, we may, from time to time, supplement the information we collect directly from you on our Application with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you.  To the extent we combine information we receive from those sources with your Personal Information we collect on the App, it will be treated as Personal Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties, even if they have used our technology to collect it and share it with us. 


(d)       Interactions with Third-Party Services


The App may include functionality that allows certain kinds of interactions between the App and a third-party web site or application.  The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us.  In addition, we may provide third-party sites’ interfaces or links on the Application to facilitate your sending a communication from the Application.  For example, we may use third parties to facilitate emails, tweets or Facebook postings.  These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. Carnival may not control or have access to your communications through these third parties.  Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices.  You should review the applicable third-party privacy policies before using such third-party tools on our Application. 


(e)       Information You Provide About a Third Party


You may send someone else a communication from the App (e.g., to invite family or friends to the Family and Friends feature or the Chat function), such as sending an invitation to a friend.  If so, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise.  Please be aware that when you use any send-to-a-friend functionality on our Application, your contact information, name or user name and message may be included in the communication sent to your addressee(s).  Some of these tools may be third-party tools subject to third-party privacy policies, as further detailed in Section 1(d).


If You create a profile for a Family Member or a Friend who does not have his or her own App account, You are providing information about that Family Member or Friend (first name, surname, and date of birth/age) in order to add him or her to activities on that person’s behalf.  By providing us with the Profile Information of any third party, you are agreeing and acknowledging that you have the express right and authority to do so on their behalf.


2.         Information You Provide to Us


You are required to register in order to access the Application.  When you register on our App, you will be required to provide your first name, last name, birth date, Folio number and to select a username and password to be used to access your information.  In addition, you can elect to upload a personal photograph for use as an avatar. We may also collect special occasion dates, vacation and dietary preferences, health requirements, and passport and credit card information (cardholder name, card number and expiration date) as well as emergency contact information (the name, address and telephone number of someone not traveling with you who we can contact in case of an emergency ("Profile Information").


Information collected by the App may include Profile Information for yourself and those traveling with you. By providing us with the Profile Information of any third party, you are agreeing and acknowledging that you have the express right and authority to do so on their behalf.


From time to time we may offer promotions or specials on behalf of companies with whom we have joint or cooperative marketing arrangements. You may take advantage of these promotions or specials by clicking on links on our App. You will be transferred to a different site which may not be owned or operated by Carnival where you may be required to provide personal information in order to participate in the promoted products or services. This privacy policy does not apply to those sites; please review the privacy policy posted on those sites.


3.         Child Privacy


We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our sites and applications.  Children under 13 (“Child” or “Children”) are eligible to register for this Application only with the express parental consent of their parents.  The procedure for providing express parental consent is available here http://www.carnival.com/about-carnival/legal-notice/termsandconditions.aspx. We require a high level of consent such as credit card or other payment method for verification (with a nominal charge involved), speaking to a trained customer service representative by telephone, or requiring a signed consent form by mail, email attachment, or fax.  After this consent, a parent may have the opportunity to use a pin or password in future communications as a way to confirm the parent’s identity.


This Application collects personal information from Children as follows: Children can register with the Application to view the shipboard schedule, select activities, and use the Chat function to communicate with Friends and Family identified in “Contacts.”  During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent or guardian’s email address, the child’s first name and gender, the child’s member or account username, and password. We also may ask for birth dates from children to validate their ages. We strongly advise children never to provide any personal information in their usernames. Please note that children can choose whether to share their information with us, but certain features cannot function without it. As a result, children may not be able to access certain features if required information has not been provided. We will not require a child to provide more information than is reasonably necessary in order to participate in an online or mobile activity.


We collect personal information from children and we take additional steps to protect Children’s privacy, including:

 

  • Notifying parents about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information 
  • Children who are subscribed to the Chat function may Chat with Friends and Family Members in their Contact Lists. We strongly encourage children who use these interactive features on our Application never to provide personal information about themselves or any third party, and certainly never to attempt to circumvent our filters or moderation. 
  • When children interact with us, certain information may automatically be collected, both to make our Application more interesting and useful to children and for various purposes related to our business. Examples include the type of Device, mobile device identifier, the frequency with which the child visits various parts of our Application, and information regarding the mobile service provider. This information is collected using technologies such as cookies, flash cookies, web beacons, and other unique identifiers (which we define in Section 1(b), above) This information may be collected by Carnival or by a third party. This data is principally used for internal purposes only, in order to: provide children with access to features and activities on our Application, customize content and improve our Application, conduct research and analysis to address the performance of our Application, and generate anonymous reporting for use by Carnival. 
   

Consistent with the requirements of the Children’s Online Privacy Protection Act (“COPPA”), when we determine that the user of an application is age 12 or under, we will ask for a parent or guardian email address before we collect any personal information from the child.  For more information about COPPA, see (http://www.onguardonline.gov/articles/0031-protecting-your-childs-privacy-online)


At any time, parents can refuse to permit Carnival to collect further personal information from their Children in association with a particular account, and can request that we delete from our records the personal information we have collected in connection with that account. Please keep in mind that a request to delete records may lead to a termination of an account or other service.


Where a Child has created an account, we use two methods to allow parents to access, change, or delete the personally identifiable information that we have collected from their Children:


  1. Parents can request access to and delete their Child’s personal information by logging on to the Child’s account through the Child’s mobile device. Parents will need their Child’s username and password. 
  2. Parents can contact Guest Services to request access to, change, or delete their Child’s personal information by visiting the Guest Services desk on board. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT given consent for, please feel free to contact us Guest Services. 

4.         Your Access to Your Information

You are responsible for the accuracy and completeness of all information you provide to us. You may, at any time, access and make changes or corrections to your Profile Information or preferences simply by visiting the My Profile page of the App. You may also direct us to change your information by email or telephone at the address provided below. You can direct us to remove your email address from our mailing list simply by following the instructions on any email you receive. We will act on your instructions promptly, but making changes may take two weeks or more to become effective.


5.         Disclosing Information to Third Parties


We do not sell our customers' information to third parties but we may share your information with our affiliated companies or with third parties. We will reveal personal information to unaffiliated third parties only if: (1) you request or authorize it; (2) the information is provided to help complete a transaction for you; (3) the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Legal Notices or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.); (4) the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets); (5) the information is provided to our agents, outside vendors or service providers to perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, sending emails about our products or services, etc.) or with whom we may have cooperative or joint marketing arrangements; (6) the information is shared with third parties for their marketing use, or (7) to others as described in this Privacy Policy. We may also gather aggregated data about you and disclose such aggregated (but not personally identifiable) information to third parties for promotional or other purposes.


6.         Affiliate Marketing Opt Out


Federal law gives you the right to limit some but not all marketing from Carnival. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from Carnival. 

You may limit our affiliates, including our sister cruise lines in the Carnival Corporation, from marketing their products or services to you based on personal information Carnival provides them. This information includes your name, your address, and your cruising history.

Your choice to limit marketing offers will apply for 5 years from when you tell us your choice. Once that period expires, you may receive a renewal notice which will allow you to limit marketing offers for another 5 years. If you have already made a choice to limit marketing offers from us, you do not need to act again until you receive the renewal notice. To limit affiliate marketing offers, please email privacypolicy@carnival.com or contact us toll free at 1-888-CARNIVAL.


7.         Your California Privacy Rights


Carnival may disclose your personal information to our affiliates or other third parties for their use in the marketing of their products or services (as opposed to Carnival products or services) to you unless you tell us not to. In order to opt out of such sharing or for further information, please email privacypolicy@carnival.com or contact us toll free at 1-888-CARNIVAL.


8.         Security Procedures to Protect Information


Security of personal information is extremely important to us. Carnival employs security measures consistent with standard industry practice to prevent unauthorized access to your personal information collected on and used by Carnival at this site. This Application uses SSL (Secure Sockets Layer) security technology to encrypt information you provide to us through the Site, but any information you provide us by email is unencrypted. SSL is an industry-standard protocol for encryption over the internet. Data transmission over the internet is never 100% secure.

While we take steps to protect your personal information and keep it secure, you also play a role in protecting your information. You can help to maintain the security of your online and mobile transactions by not sharing your Folio number, username, or password with anyone. Carnival cannot guarantee the security of any information you transmit to us or from our App, and therefore you use our App at your own risk.


9.         Inapplicability of Privacy Policies of any Linked Sites or Other Parties


This Application may contain links to other sites such as our affiliates and third parties. This Privacy Policy only addresses Carnival's use and disclosure of your information collected on this site, if any. While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the privacy practices of our affiliates or any other third parties or the content of linked sites, although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or web sites.


10.       Changes to this Privacy Policy


We will occasionally amend this Privacy Policy to reflect company and customer feedback and we reserve the right to make changes to this Privacy Policy at any time. The use of your information is subject to the Privacy Policy and Terms of Use in effect at the time of use. The provisions contained in this Privacy Policy supersede all previous notices or policies regarding our privacy practices with respect to this App. We post the effective date of our Privacy Policy on our Application. We encourage you to check this Application frequently to see the current Privacy Policy to be informed of how Carnival is committed to protecting your information and providing you with improved content in this Application in order to enhance your mobile cruise planning experience. If we make material changes to this Privacy Policy we will post the revised Privacy Policy and the revised effective date on this site.


11.       Your Comments are Appreciated


If you have any questions, comments or complaints regarding our Privacy Policy, you can contact us via telephone at 1-888-CARNIVAL, or email privacypolicy@carnival.com. This site is owned and operated by Carnival Cruise Lines, a division of Carnival Corporation, which controls any information submitted through this site.

April 2015
 

TERMS AND CONDITIONS


PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USING THIS SITE.

By using this site, you agree to the following terms and conditions:

OWNERSHIP AND RESTRICTIONS ON USE

This site is owned and operated by CARNIVAL CRUISE LINES ("CARNIVAL"). All materials contained in this site are the copyrighted property of CARNIVAL. No material from CARNIVAL.COM or any Web site owned, operated, licensed, or controlled by CARNIVAL collectively or any one of which is referred to as "the Carnival Sites" may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of CARNIVAL's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or computer network environment is expressly prohibited. Carnival owns all right, title and interest in and to all trademarks, service marks, and trade names included in the Web Site. For additional information about Carnival’s copyright, trademark and other intellectual property rights, please click here.


To the extent the Web Site provides interactive capabilities that allow you to submit information or data on the Web Site, you expressly acknowledge you may not upload to, distribute through, or otherwise publish through the Carnival Sites any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.


By uploading or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.


Any personal information you provide to us while registering on CARNIVAL.COM, BOOKCCL.COM or when using CARNIVAL.COM will be used by Carnival in accordance with Carnival’s Privacy Policy, which you can view here [link to privacy policy]. Non-personal information you send or communicate to us, such as questions, comments or inquiries, will be not considered personal information and therefore will not be subject to our Privacy Policy. Accordingly, Carnival may use any such non-personal information you supply to us, which may include, but is not limited to, any inventions, ideas, concepts or know-how, without restriction or liability.


REGISTRATION, PASSWORD AND SECURITY

When you register with CARNIVAL.COM, you will create a login name and a password in completing the registration process and will provide us with certain information. It is your responsibility to provide us with true and accurate information during the registration process. Carnival will accept your information as it is provided to us. We will not verify the truth, accuracy or completeness of your information and we expressly disclaim any liability in connection therewith. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. It is also your sole obligation to immediately notify Carnival of any unauthorized use of your account or any other breach of security.


MODIFICATION OF TERMS

Carnival reserves the right to change, modify, add, or remove portions of these terms at any time at our discretion. You may check these terms periodically for changes. Your continued use of the Carnival Sites subsequent to the revisions of these terms (including the CARNIVAL.COM Privacy Policy and Terms and Conditions applicable to Carnival's Internet Booking Application) means you accept those changes.


TERMINATION

These terms are effective until terminated by CARNIVAL, for any reason, with or without notice. Upon termination, you must destroy all materials obtained from the Carnival Sites and all copies thereof, whether made under the terms of these terms or otherwise.


LINKS

Carnival, at its discretion, may provide links to other web sites or resources or allow third party web sites to link to CARNIVAL.COM. Because Carnival has no control over such web sites or resources, you expressly understand and agree that Carnival is not responsible in any way or form for the contents, products, advertising, materials, services or resources contained on any other web sites and Carnival does not endorse or sponsor any third party web sites. Carnival is not responsible or liable, whether directly or indirectly, for any damage, loss or claims by or in connection with your use or reliance on any content, products, advertising, materials, services or resources available on or through such web sites.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARNIVAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARNIVAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARNIVAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CARNIVAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CARNIVAL BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF CARNIVAL OR A CARNIVAL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CARNIVAL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

JURISDICTION

This site is controlled and operated by CARNIVAL from its offices within the State of Florida, United States of America. CARNIVAL makes no representation that materials in the site are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Miami-Dade County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

SHORE EXCURSION IMPORTANT CONDITIONS

Please read the following information before ordering any shore excursions online. These conditions are binding once you purchase any shore excursion provided by independent tour operators through Carnival. The deadline for making shore excursion bookings online is 3 days prior to sailing, unless otherwise noted in the shore excursion description. All of the shore excursions listed on the carnival.com website may not be available for every cruise itinerary.

All excursions are subject to change without notice. Descriptions, departure times, itineraries, pricing and locations may be altered and may vary due to unforeseen circumstances. Descriptions and excursion lengths are all based on approximate times and predetermined points of interest. Changes may be unavoidable and can be made at the tour operator’s sole discretion. Departure times and meeting places will be printed on the shore excursion ticket. As a delay may result in a missed excursion or interfere with the excursion’s normal operation, guests are required to report to the specified location, at the designated departure time.

You will be required to pay for your shore excursion order in full using our secure online credit card processing. You will receive instant online confirmation that your order has been paid in full. Your tickets will be delivered to your cabin prior to embarkation.

Shore Excursion Cancellation and Refund Policy
Shore excursions may be cancelled by Carnival or the Tour Operator due to inclement weather conditions, or any other reason whatsoever. In which case, and as your sole recourse, full refunds will be made to guests who have purchased cancelled excursions.

Excursions may be canceled or modified depending on the number of guests participating. Some excursions require a minimum number of guests to operate. If this minimum is not met, excursions may be cancelled by the Tour Operator and full refunds will be issued.

For online cancellations that occur outside the cut-off window, 3 days prior to sailing, a full refund will automatically be posted to the credit card that was used to pay for the shore excursion order. Please allow 5-7 business days for the credit to post to your account. No changes can be made within the cut-off window. If you need to make changes after the cut-off date, you must wait until sailing and see the Shore Excursion Manager onboard. In the event of a cruise booking cancellation within the cut-off window, a full refund will automatically be posted to the credit card used to pay for the order.

If the designated contact person on a shore excursion order must cancel from their cruise booking and the remaining guests who are sailing would like to retain the shore excursion order, a new contact person needs to be assigned. If a designated contact person cancels and does not reassign the responsibility, the associated shore excursion orders will automatically cancel and be refunded.

Once onboard, cancellations are subject to a 25% cancellation charge. However, within 24 hours of arrival in port, all shore excursion orders are non-refundable. A refund, less any applicable cancellation charges, will be applied to the designated contact person’s sail and sign account. Carnival will only offer shipboard credit for shore excursion order refunds, but note any credit not utilized by the end of your cruise will be refunded via check to the order’s designated contact person on the morning of debarkation.

Guests are encouraged to purchase Carnival’s Cruise Vacation Protection Plan to cover any eligible non-refundable shore excursion cancellation charges.

Responsibility
Carnival is not responsible for any losses, damage, death, injuries, or claims whatsoever arising from, connected with, or related to any activities engaged in by guests while off Carnival’s ships or tenders in any port of call. This includes all shore excursions, whether booked online, sold onboard or sold by third parties ashore. Guests engage in all such activities off the ship at their own risk.

Carnival acts only as an agent for the independent tour operators supplying excursions or services. Independent contractors operate all shore excursions, including any related transportation. Carnival neither supervises nor controls their actions, nor makes any representation either expressed or implied as to their suitability. Carnival sells tickets for all excursions as a convenience to guests only. Tour operators, transportation providers, and their employees are neither agents nor employees of Carnival, notwithstanding their use of any signage or clothing which may contain the name “Carnival” or other related trade names or logos. It is understood and agreed that Carnival assumes no responsibility for, nor guarantees performance of, and in no event shall be liable for, any loss, damage, injury, or death in connection with said excursions or transportation. Please review your ticket for further information regarding your rights and obligations as well as those of Carnival.

Excursions/Tours & Activities not Sold by Carnival
Carnival recommends that guests do not engage in excursions, tours or activities that are not sold through Carnival as Carnival has no familiarity whatsoever with these services or their operations.

Restrictions
Please note that there are certain restrictions based on age, health, weight and/or height, which have been imposed by the individual excursion operators for your own safety. Carnival urges you to abide by them.

Tour operators have the right to require any individual to withdraw from an excursion at any time if they deem that individual’s conduct detrimental to or incompatible with the interests, comfort, well-being or harmony of the group as a whole. Tour operators reserve the right to alter or adjust excursions to meet local conditions for participant safety and convenience. Neither Carnival nor local tour operators will extend financial reimbursement to compensate for a guest’s disappointment in the event that circumstances beyond the reasonable control of Carnival or the tour operator make it impossible to provide services as intended.

Helicopter Weight Policy
The Federal Aviation Administration requires guests’ weights and names for weight and balance calculations as well as flight manifesting. Any guest whose weight is 250 pounds or more will be required to purchase a seat and a half. You must purchase the specific helicopter excursion for guests over 250 pounds or you will be refused service. Once onboard you may see the Shore Excursion Manager for assistance.

Pricing
Prices for shore excursions are quoted per person, in U.S. dollars and are subject to change without notice. Prices also vary by departure date and time and are capacity controlled. Some restrictions may apply. Most prices include transportation and when noted, meals, refreshments, guides and entrance fees. On snorkeling, scuba and golf excursions, only the equipment specified is included in the price. Some fishing excursions, particularly in Alaska, require the purchase of a fishing license, unless otherwise noted. Please see Fishing Policies.

Children three years old or less, who do not occupy a seat, will not be charged and do not require a ticket unless noted in the shore excursion description. Children between the ages of 4 to 12 years and teens between the ages of 13 to 18 years will be charged full adult price or special child/teen prices, when applicable and noted. Guests under 18 years of age must be accompanied by an adult to participate in shore excursions. Some excursions require a minimum age to participate and will be noted accordingly.

Fishing Policies
Alaska State law requires a valid one-day fishing license, which may be purchased from your excursion boat captain. In addition, during King Salmon season, you are also required to purchase a King Salmon license. Children 12 and under are required to wear life jackets at all times while onboard the fishing boat. Children must weigh 40 pounds or more to fit the life jacket and participate in the fishing excursion.

Personal Possessions
Neither Carnival, nor the Tour Operators will be responsible for personal possessions. Do not leave your possessions unattended at any time, either in the vehicles in which you are traveling or otherwise. Remember coats, umbrellas, cameras, handbags, wallets, traveling bags, binoculars, and similar items remain, at all times throughout the shore excursion, under the guest’s custody and control.

Transportation
Guests should consider that standards of transportation vary considerably throughout the world. Air-conditioned motorcoaches are not available in many areas. In some destinations, local buses are the best available. Guests wishing to travel with friends should all leave the ship together, as this will help the shore excursion staff allocate sufficient space in the same vehicle. 

Please note that motorcoaches and other forms of transportation may require guests to climb 2 to 3 steps. Most, but not all motorcoaches, can accommodate collapsible wheelchairs. Staff is not obligated to lift guests into or out of vehicles. Tendering may prevent guests in wheelchairs from going ashore at certain ports of call. For further information about specific excursions’ transportation accessibility, please look for the accessibility advisories online, represented by a blue wheelchair icon or see the Shore Excursion Manager onboard.

Required Documentation & Identification
Please note that travel documentation requirements vary by destination and change often. It is the responsibility of the guest to provide valid travel and medical history documents required for air travel, debarkation at various ports of call and re-entry into the appropriate country of origin.

Your Sail & Sign Card will serve as your identification card when you re-board the ship in a port of call. Remember to take it with you whenever you go ashore. You will be required to show it to a Carnival security officer in order to re-board the ship.

THE FUN SHOPS ONLINE IMPORTANT CONDITIONS
Please read the following information before ordering anything from The Fun Shops online. All online orders are subject to these shopping terms & conditions.

All orders are accepted up to and no later than two days prior to debarkation date. Prices and deadlines are subject to change without notice. Holidays and changes in the itineraries may cause shorter deadlines. Some products, such as flowers, are time sensitive and must be ordered within a specific time frame prior to sailing (varies by ship port). ALL ORDERS MUST BE PREPAID. In the event an item is not available at the time of sailing, an item of equal value will be substituted. The Fun Shops Online products may be subject to sales tax depending on the location of delivery.

Alcohol Orders
Alcohol orders are not permitted to be taken to any location outside of the approved delivery locations specified for those products at checkout. This program is designed for in-cabin entertaining or in-dining consumption only. Consumption in public areas is strictly prohibited.

Cruise Cash
Cruise Cash provides an immediate credit to a guest's onboard Sail & Sign account. Although the cruise cash cannot be redeemed for cash, the cruise cash is a non-refundable credit that can enhance a guest’s cruising experience; the credit can be applied to cover charges to their onboard account, including taxes and gratuity charges. The total amount of the Cruise Cash purchased must be used in a single voyage, cannot be transferred to any future booking, and any unused credits will be forfeited.

Cruise Cash Bar
Cruise Cash Bar provides an immediate credit to a guest's Sail & Sign onboard account; this credit can be applied to cover any bar purchase, including CHEERS, alcoholic drinks, juice, soda, water, and coffee shop charges. Cruise Cash Bar is valid for a single voyage and cannot be transferred to future bookings. Cruise Cash Bar is non-refundable and any unused credits will be forfeited.

Cruise Cash Photo
Cruise Cash Photo provides an immediate credit to a guest's Sail & Sign onboard account; this credit can be applied toward Photo purchases. This credit is good for any photo department charge made to their account including photos, camera batteries, cameras, and photo albums. Cruise Cash Photo is valid for a single voyage and cannot be transferred to future bookings. Cruise Cash Photo is non-refundable and any unused credits will be forfeited.

Formalwear Rentals
Formalwear rentals are only available for pre-cruise orders. Formalwear inventory is not kept onboard, therefore, selections cannot be exchanged onboard for alternate colors or sizing. The delivery and formalwear rentals are provided by an independent contractor; Carnival assumes no responsibility for the acts of the independent contractor.

OTHER

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by all parties.

INTERNATIONAL CRUISE LINE PASSENGER BILL OF RIGHT

The Members of the Cruise Lines International Association are dedicated to the comfort and care of all passengers on oceangoing cruises throughout the world.  To fulfill this commitment, our Members have agreed to adopt the following set of passenger rights:

 


1. The right to disembark a docked ship if essential provisions such as food, water, restroom facilities and access to medical care cannot adequately be provided onboard, subject only to the Master’s concern for passenger safety and security and customs and immigration requirements of the port.

 


2. The right to a full refund for a trip that is canceled due to mechanical failures, or a partial refund for voyages that are terminated early due to those failures.

 


3. The right to have available on board ships operating beyond rivers or coastal waters full-time, professional emergency medical attention, as needed until shore side medical care becomes available.

 


4. The right to timely information updates as to any adjustments in the itinerary of the ship in the event of a mechanical failure or emergency, as well as timely updates of the status of efforts to address mechanical failures.

 


5. The right to a ship crew that is properly trained in emergency and evacuation procedures.

 


6. The right to an emergency power source in the case of a main generator failure.

 


7. The right to transportation to the ship’s scheduled port of disembarkation or the passenger’s home city in the event a cruise is terminated early due to mechanical failures.

 


8. The right to lodging if disembarkation and an overnight stay in an unscheduled port are required when a cruise is terminated early due to mechanical failures.

 


9. The right to have included on each cruise line’s website a toll-free phone line that can be used for questions or information concerning any aspect of shipboard operations.

 


10. The right to have this Cruise Line Passenger Bill of Rights published on each line’s website.

COPYRIGHT & TRADEMARKS

Carnival Cruise Line © 2006 - 2016 Carnival Corporation All Rights Reserved

The Carnival name is one of the most widely recognized in the cruise industry, and the trademarks developed by Carnival Cruise Line (“Carnival”) identify the Carnival product and differentiate Carnival’s services from those of its competitors.

"Carnival," "Carnival Cruise Lines," "Carnival Cruise & Design," "Carnival's Got the Fun!" "Camp Carnival & Design," the Winged Ship Funnel Designs, "the Fun Ships," “Fun Ship,” "The Most Popular Cruise Line in the World," “World’s Most Popular Cruise Line,” "Currents," "Club Carnival," "Fly Aweigh," "FunPass," "Carnival Capers," "Carnival Players Club and design," "The Carnival Vacation Store," "Carnival Vacation Guarantee," "Carnival Cruise Vacation Protection Plan," “Fun Vision," "The Players Quarterly," "Sail & Sign," the Carnival Cruise Line ship names, Carnival shipboard and shoreside program and amenity names and other trademarks, slogans, logos and imagery used in the advertising and promotional material published by Carnival and in Carnival’s web sites are, whether or not registered, owned by Carnival.

Carnival considers its compilation of links to Internet resources, the description of those resources and the information contained within Carnival's web sites to be copyright-protected material. You are not authorized to copy, reproduce or modify any portion of Carnival’s web sites without prior written authorization.

The name of Carnival and its trademarks, service marks, trade names, patents, copyright-protected material and imagery may not be used without prior, specific, written permission from Carnival, except by those travel agents who advertise, market and book Carnival cruises in conformity with Carnival’s published Travel Agency Guidelines located at GoCCL.com. For all other purposes, whether commercial or personal, the transmission, use, copying or modification of the Images, in whole or in part, in any form or by any means, whether electronic, mechanical, by photocopy or recording, is strictly prohibited without the prior written consent or licensure of Carnival. Unauthorized use of the Imagery and the information contained herein may constitute a violation of applicable intellectual property, criminal, civil or privacy laws. In no event may a Carnival trademark be combined with or appear as a trademark or logo next to any other business name, word(s) or logo(s) without express written authorization from Carnival.

Carnival reserves the right to bring any civil action in Miami, Florida, arising from the improper or unauthorized use of this web site or any part thereof, including without limitation for infringement of its trademarks and other intellectual property.

Carnival makes no warranty, express or implied, with respect to the use of the links provided; does not guarantee the accuracy, completeness, usefulness or adequacy of any resources, information, apparatus, product or process accessed via this web site; and is not responsible for any errors or omissions in the resources or information accessed via this Home Page or for the results obtained from the use of such resources or information.

If you have reason to believe that any person, company or business has violated Carnival's trademark rights or infringed Carnival's copyright-protected material, please notify the Legal Department at Carnival's Miami, Florida offices either by telephone or by e-mail via the Contact Us page of this website.

CRUISE CANCELLATION AND ITINERARY CHANGE POLICY


CRUISE CANCELLATION
If a cruise is cancelled, guests will have the option to receive either a cash refund or a future cruise credit.

ITINERARY CHANGE PRIOR TO DEPARTURE:

If Carnival has adequate notice prior to sailing that a vessel will deviate from the published itinerary it will promptly – upon making the itinerary change -- notify guests of the change through their travel agents or directly, in the case of a direct guest booking.

If the itinerary change is for reasons within Carnival’s exclusive control, guests will have the opportunity to cancel their booking without penalty prior to sailing and within 24 hours of the guest notification, and in such an instance, guests will have the option to receive either a cash refund or a future cruise credit. In the event a guest does not cancel the cruise on a timely basis, no refund of any kind will be available.

Due to the nature of a cruise vacation, itinerary changes sometimes become necessary for safety, weather or other reasons beyond the control of Carnival. If the itinerary change is for reasons beyond Carnival’s exclusive control, including but not limited to safety, security, weather, strikes, tides, hostilities, civil unrest, port closings, emergency debarkations of guests or crew, late air, sea, car or motor coach departures or arrivals, mechanical breakdowns or problems not known to Carnival, itinerary changes consistent with U.S. State Department travel warnings / advisories or other applicable US or foreign governmental advisories, guests will not be provided any compensation. Guests electing to cancel will be subject to the standard cancellation terms.            

ITINERARY CHANGE AFTER DEPARTURE:
In the event an itinerary change becomes necessary while the ship is at sea or when notice prior to sailing is not feasible, Carnival and/or the Master will attempt to substitute an alternative port. Carnival and/or the Master may, in their discretion and for any purpose, deviate in any direction or for any purpose from the direct or usual course, and omit or change any or all ports of calls, arrival or departure times, with or without notice, for any reason whatsoever, all such deviations being considered as forming part of and included in the proposed voyage. Carnival shall have no liability for any refund or other damages in such circumstances.

REFUND OF TAXES, FEES AND PORT EXPENSES:
If a port is cancelled from the scheduled itinerary, a refund of the taxes, fees and port expenses for the cancelled port will be provided via a shipboard credit.

THIRD PARTY COSTS RESULTING FROM CRUISE CANCELLATIONS OR ITINERARY CHANGES:
Carnival shall not be liable to guests for any charges, fees or expenses paid or owed to third parties by guests (such as air travel booked by a guest directly with an airline) in connection with a cancelled cruise or an itinerary change for any reason.

VACATION GUARANTEE:
Nothing herein shall affect the guest's ability to exercise the Vacation Guarantee on sailings where it applies.

CARNIVAL'S SMS MESSAGE AND ALERT SERVICE AGREEMENT


Your use of Carnival’s text message and alert service (the “Service”) is governed by this SMS Message and Alert Service Agreement (“Agreement”) which incorporates the terms of the cruise ticket contract as if restated herein. You must be at least 18 years old to use the Service, and if you are under18, your parent or legal guardian must have read and agreed to the below terms before subscribing.


Please read the terms and conditions contained in this Agreement carefully. Your use and continued access of the Service will constitute your ongoing agreement to this Agreement with its changes and revisions. For purposes of this Agreement "you" shall mean the owner or authorized user of the mobile device whose telephone number is submitted to subscribe to the Service. You further represent that you are authorized to accept these terms and conditions. If you cannot accept this Agreement, do not use the Service. This Agreement may be modified at any time without any prior notice. It is your responsibility to regularly check the site to determine if there have been changes to this User Agreement and to review such changes. Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice, in addition to Carnival's other remedies.


1.     The Service

                   i.            Subscription to the Service:

The Service includes sending subscribers text messages (SMS) about sailing alerts or payment reminders/cancellations or both.  Text messages may be auto-dialed or prerecorded.  Payment reminder/cancellation texts will be limited to 5 texts before the commencement of your voyage.  The number of sailing alerts will depend on the voyage booked but will not exceed ten (10) per voyage.


To participate in this Service, simply check the box confirming acceptance to the Service in the Online Check-in system and provide your mobile telephone number.  You can also subscribe with our contact center over the phone. By subscribing to the Service, you represent and warrant that you are the registered owner or authorized user of the mobile phone or wireless device (“Device”) whose telephone number is submitted. You agree and represent that the Device phone number registered for the Service is  accurate and up-to-date. If your number  changes, you must immediately update it.


For additional information regarding use of personal information you supply or communicate to Carnival or the Service, please see our Privacy Policy, at http://www.carnival.com/privacy-policy.


                 ii.            Functionality; Security; Mobile Use Precautions


This Service is offered on an “as is” and “as available” basis without warranties of any kind, except as otherwise expressly stated. Text messaging service may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier’s network and text messaging platform, and restrictions set by your carrier to your account. Carnival or its text messaging provider does not guarantee message delivery, timeliness, or that messaging Services, will be available at all times. Carnival is not responsible for messages that are lost or misdirected.  Carnival will send you a confirmation text when you have opt in or out to receive text messages.


If you have reason to believe that access to your Device is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Device used to access the Service), you must promptly change your contact information in Carnival’s online check-in system.


You are solely responsible for keeping the Service updated with your current phone number. Blocking messages will disable the ability to send or receive text messages. Carnival shall not be liable for information sent to a Device that is associated with your outdated mobile phone number. If you install any software or enable any service that stores information from the Service on any Device or computer, it is your responsibility, prior to transfer of such Device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.


              iii.            Third Party Charges and Mobile Alerts


A mobile phone or wireless device is required to use the Service. The messaging Service is not available on all rates plans. Your carrier may charge you for each text message sent and received. Higher rates may apply to messages received when travelling internationally. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Service. Under no circumstances will Carnival, its selected third party service provider, any of its agents or respective corporate affiliates be responsible or liable for any text messaging or wireless service charges incurred by you or a person that had access to your mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with your participating carrier.


              iv.            How to Cancel the Service:


You may cancel this Service at any time by texting the keyword “STOP” to 278473. The STOP request includes your agreement that Carnival or its third party service provider may send to your Device a single confirmation message within 24 hours of receipt of your STOP message.


              v.            Use of the Service


The Service is intended for your personal, noncommercial use only. You are solely responsible for maintaining confidentiality of your contact information and information received on your Device, and for failure to do so. You are solely responsible for all use of the Service by you and anyone you allow access to the Service on your Device.


2.     Third Party Service Providers


Carnival reserves the right to hire a third party for the purpose of providing its Service. You acknowledge that all third party Service providers are independent contractors, and that Carnival neither supervises nor controls their actions, nor makes any representation either express or implied as to their suitability. You agree that Carnival assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Guest and/or Guest’s property or effects in connection with the Service.  Consent to receive messages from Carnival includes consent to receive messages transmitted for Carnival by a third party. 


3.     Intellectual Property


The Service contains material that is owned by Carnival and protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service.


You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.


4.     Indemnification


You agree to indemnify Carnival and its affiliates, employees, agents, representatives and third party Service Providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your conduct, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.


5.     Disclaimer Of Warranty And Limitation Of Liability


You acknowledge that you are using the service at your own risk. The Service is provided “as is,” and Carnival, its affiliates and its third party Service providers:

   

•     expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability,   
      non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic 
      form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Service.

  

•     do not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted
      information, or that no viruses will be transmitted on the Service.

•     undertake no responsibility for damages caused by the inclusion of erroneous, incomplete or outdated information in itineraries. 

shall not be liable to your or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this agreement, including but not limited to: the providing of services hereunder, the delivery or non-delivery of information, your access to  or inability to access the Service, including for viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

You hereby agree to release Carnival, its affiliates and third-party service providers and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Service.


6.     Termination Or Suspension Of Access To The Service


Carnival has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.


7.     General.


This Agreement is governed by the laws of the state of Florida without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Miami-Dade County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein.  Any delay or failure to enforce any term by Carnival shall not be deemed a waiver.  Any cause of action must be brought within ONE YEAR of the date the claim arises.