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,
TIME LIMITATIONS FOR FILING SUIT, 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 and/or boarding and
lodging on the vessel, Carnival Cruise Line (“Carnival”) and Guest agree that the booking of the
cruise and the cruise are subject to 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 water shuttles. 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, room service or dining in
specialty restaurants, 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, environmental 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. Subject to applicable laws, 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”); subject to applicable laws, 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 which are incorporated by reference. VIFP Members agree to the additional terms and conditions
of VIFP membership 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.
(h) Onboard charges and additional expenses charged to Guest’s Sail and Sign®
account will be made in the functional currency of the vessel, which may differ from the type of currency used
to secure the booking.
2. NATURE OF CRUISE, TRAVEL
DOCUMENTATION, 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. Guests who embark in violation
of the Ticket Contract terms assume all associated risks and agree to indemnify and reimburse Carnival for all
resulting losses, costs and expenses, including without limitation those related to the Vessel's deviation from
its scheduled route, and other expenses attributable to disembarkation of such Guests. Guests are further
advised to refer to sections 5 and 10 below which specify their responsibilities and obligations in these
situations.
(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 and with the appropriate government authority to determine the
necessary documents and travel eligibility requirements for their particular cruise. 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 travel
information and agrees to abide by the terms and conditions of not just this Contract, but also the information
contained in Carnival’s brochures and website, 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 (21)
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
who are traveling with them and Guests agree to properly supervise and monitor all minors traveling with them.
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, environmental 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.
(h) Guests must comply with all onboard environmental policies and procedures, and
shall familiarize themselves with the nature and character of the ship, as well as, onboard waste / recycling
receptacle stations, and Guest agrees to comply with all environmental laws and regulations.
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. Carnival reserves the right to inspect
all luggage for the safety and security of the vessel and deny any such luggage it deems unreasonable or unsafe.
(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). Marijuana and
all illegal controlled substances are strictly prohibited and may not be brought on board any Carnival vessel.
All Guests agree Carnival has, at all times with or without notice, the right to search Guest’s cabin and
baggage and/or personal effects for any of these 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
and/or attempting to board the vessel with any 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, AND 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 warrants that such Guests have no medical or
emotional condition that would endanger any Guest or crewmembers or result in a deviation of the voyage. Guests
are encouraged to contact their treating physician to discuss their health concerns, including pregnancy, before
traveling. (see Clause 5(b) below for pregnancy restrictions). 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 Guest Access 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.
(b) Carnival and the Master each reserves the right to refuse boarding or passage,
disembark, or confine to a stateroom any Guest who violates the terms of this ticket contract or Carnival's
policies, or any Guest whose physical or mental condition or behavior would be considered, in the sole opinion
of the Captain in consultation with the ship's physician, a risk to any 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
available or obtainable during the cruise on board the ship and/or ashore in ports of call. Therefore, any Guest
that is unfit to travel, and any Guest who will at any time during the cruise enter her the 24th week of
estimated gestational age, agrees not to book a cruise or board the ship. Infants must be at least 6 months of
age at the time of embarkation in order to sail, however children must be at least 12 months of age at the time
of embarkation to sail on the following itineraries: Transoceanic voyages and remote itineraries, where there
are more than 2 consecutive sea day. Carnival and the Master reserve the right to disembark any unfit Guest or
any Guest whose behavior affects the comfort, enjoyment, safety or wellbeing of other Guests or crew members.
Guests disembarked in such circumstances shall be liable as set forth in Paragraphs 2, 8 and 10. Carnival
reserves the right to debark, deny boarding, or cancel the reservation without refund, compensation, or payment
of any Guest who is unfit to travel and/or who will be in excess of their 23rd week of gestation at time of
sailing, except as set forth in Carnival's cancellation policy described in Clause 6 below, 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. 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.
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Days Prior to
Departure Date
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Cancellation Charge (Per Guest)* |
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2-5 day cruises (excluding all Alaskan, European,
Transatlantic, and Panama Canal cruises):
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Up to 76 days |
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None (except fares with non-refundable payments*)
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75 to 56 days |
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Deposit |
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55 to 30 days |
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Deposit or 50% of Total Fare, whichever is
greater |
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29 to 15 days |
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Deposit or 75% of Total Fare, whichever is
greater |
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14 days or less |
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100% of Total Fare |
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6 day or longer cruises, as well as
all Alaskan, European, Transatlantic, and Panama Canal cruises:
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Up to 91 days |
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None (except fares with non-refundable payments
*)
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90 to 56 days |
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Deposit |
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55 to 30 days |
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Deposit or 50% of Total Fare, whichever is
greater |
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29 to 15 days |
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Deposit or 75% of Total Fare, whichever is
greater |
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14 days or less |
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100% of Total Fare |
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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).
*Certain promotional fare offers may not be listed on this page, please refer to the terms and conditions of
your specific promotion for more details.
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 per person 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.
7. CARNIVAL’S RIGHT TO INCREASE
FARES, INCREASE OR ESTABLISH CHARGES FOR GOODS AND SERVICES, CANCEL OR CHANGE VOYAGE, AND CHANGE
STATEROOM ASSIGNMENTS AND TO PERFORM CONSTRUCTION OR REPAIRS
(a) Subject to applicable laws, Carnival reserves the right to increase published
fares and 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) Carnival may change the duration and/or itinerary of the cruise at any time. 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, hurricanes, tornadoes, 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 for any change in itinerary, ports of call, ports of embarkation and debarkation, and/or
or duration of the cruise, 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 on Carnival's Website or at Carnival's FAQ
page.
(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, adverse weather conditions, 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 a
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.
(h) Guest hereby agrees and acknowledges that Carnival's "Great Vacation Guarantee"
does not apply to itinerary deviations due to safety, weather, emergency debarkations or other force majeure,
operational or governmental reasons beyond Carnival's control.
(i) Guest agrees and acknowledges that Carnival may, at any time, and without
notice, impose charges for, increase charges for and/or eliminate goods and services, other than what is
included in your Cruise Fare, without liability to the Guest. These additional charges are exclusive of your
Cruise Fare. The goods and services offered or available during the cruise, may differ from goods and services
previously offered or available on prior cruises and/or what was advertised on Carnival’s website
(Carnival.com), commercials, in brochures, in other printed media, and/or in prior verbal discussions.
(j) Carnival reserves the right to periodically perform repairs to the Vessel and/or
perform construction on the vessel to alter, amend or remove any appurtenance, amenity or facility on the
Vessel. Guest acknowledges that such repairs, alterations, amendments or removal of any appurtenance may occur
during the cruise and agrees that Carnival shall not be liable to Guest for a refund, of any portion of the
Cruise Fare, full, partial or otherwise, nor shall Guest have any legal or equitable cause of action relating
thereto.
8. COMPLIANCE
WITH RULES, SOLICITATION, SMOKING, DRINKING, ILLEGAL ACTIVITY, SEARCHES, BEVERAGE POLICY AND
ENVIRONMENTAL 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, professional, illegal or illicit purposes. Guest agrees that any violation of this Clause may
subject Guest to disembarkation with no refund to the Guest.
(b) Guest acknowledges that smoking is only permitted in designated areas. Guest
agrees to refrain from smoking in non-designated areas and agrees that Carnival has the right to assess a $500
charge, per violation, and to disembark the Guest for failure to observe Carnival's Tobacco and
Marijuana Smoking Policy ("Smoking Policy") with no refund to the Guest.
(c) Any and all forms of smoking, including but not limited to, cigarettes, cigars,
pipes, vaporizers, and electronic cigarettes are strictly prohibited on board Carnival’s vessels except in
specific designated exterior deck areas and designated casino/night club spaces. All staterooms and suite
accommodations, including the outside balconies, are NON-SMOKING. In accordance with Carnival's Smoking
Policy any marijuana possession or use is strictly prohibited on all Carnival ships at all times,
regardless of local, state, or other laws which might permit use or possession of marijuana. Carnival abides by
U.S. Federal Law which prohibits the possession or use of marijuana on its ships for any reason. Any Guest who
brings marijuana or any illegal controlled substances on board, in violation of Carnival’s policy or U.S. or
international law, including any law of a port or the flag state, will be reported to local and/or Federal
authorities and U.S. Customs & Border Protection for possible detainment and/or enforcement action. Carnival may
deny boarding or disembark any Guest who brings or attempts to bring marijuana or any illegal substance on board
with no refund to Guest and at Guest’s own expense for repatriation and travel. Guest agrees to strictly comply
with Carnival’s Smoking Policy. Guest further agrees that any violation of Carnival’s Smoking Policy would also
cause Carnival to incur damages, including but not limited to, loss of Guest goodwill, revenue, cleaning,
maintenance, fines and/or other costs. Any evidence of smoking in a stateroom or balcony, e.g.; smoke
smell/residue, butts, ashes, upholstery/furniture burns, tampering of the smoke alarm, will constitute a
violation of Carnival’s Smoking Policy. Guests who violate our Smoking Policy will be assessed a $500 charge,
per violation, on the Guest’s Sail & Sign account, and may also result in the disembarkation of all Guests in
the stateroom. Fines will be assessed in the functional currency of the vessel which might be different that the
currency used to secure the booking. Such Guests will be solely responsible for all resulting financial
penalties and expenses to return home, and no refund of their unused cruise fare will be provided. 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 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.” Such Guests may also be prohibited
from sailing with Carnival in the future.
(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.
Carnival Cruise Line will cooperate with relevant authorities in any civil or criminal proceedings sought by
those agencies. For the safety of the vessel and of other guests and crew, Carnival reserves the right to
confine any Guest who commits a crime on board until law enforcement authorities can be contacted and/or board
the vessel.
(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.
(g) Compliance with APHIS regulations: To protect U.S. agriculture and natural
resources from the introduction and spread of foreign plant and animal pests and diseases please be advised that
agricultural products including seeds, soil, live insects, food such as fresh fruit, vegetables and animal
products including meat, milk, and eggs must not be brought back to the United States. This food includes meals
that were offered during the cruise but were not consumed. If you have in your possession any meals or food,
including any fresh fruit, vegetables and animal products such as meat sandwiches, milk, eggs from the ship, you
must leave them behind or deposit them in the amnesty bin/food collection bin at the exit during disembarkation.
These items are prohibited entry by U.S. Customs and Border Protection and the U.S. Department of Agriculture.
Violations of these prohibitions may result in penalties and fines to the Guest.
(h) Tampering with Life Saving Devices: Guest agrees to not tamper with or discard
over board any life saving device such as, but not limited to; life rings and life jackets, unless in an
emergency or instructed to do so by the ship's master. Tampering with life-saving devices may result in a fine
to the Guest.
(i) Guest agrees not to engage in any lewd, lascivious, indecent, obscene,
offensive, or outrageous behavior while on board and specifically agrees that violation of this policy may
result in confinement or debarkation from the vessel with no refund to the Guest and at Guest’s own expense for
repatriation and travel. Furthermore, all guests should ensure their clothing and accessories are respectful to
fellow guests. Specifically, items worn during the cruise should not contain any message that may be considered
offensive or contain nudity, profanity, sexual innuendo/suggestions. In addition, clothing/accessories should
not promote negative ethnic or racial commentary, or hatred or violence in any form.
(j) All guests must adhere to Carnival’s environmental policy as follows: Any
dumping or pollution of any kind including discharge of any item into the ocean and/or waterways is strictly
prohibited. Guest will be strictly liable for any illegal dumping or pollution. Any willful or negligent act of
discharging or releasing any unauthorized item overboard, without the express permission of the ship's staff may
result in a $500 charge, per violation, posted to Guest’s Sail & Sign® account. Fines will be imposed using the
functional currency of the vessel, which may be different than the form of currency used to secure the booking.
Additionally, Guest will be charged the reimbursement cost of any unauthorized discharged property belonging to
Carnival and such charge will be posted to Guest’s Sail & Sign® account. Guest shall also be responsible for any
fines or penalties imposed on Carnival by any government, governmental agency or official, port or port
official, or for expenses or losses caused or incurred for Guest’s violation of this policy. Violation of this
policy may result in the disembarkation of all guests in the stateroom. Guests who are disembarked for violating
our environmental policy will be responsible for all financial charges and expenses to return home, and no
refund of their unused cruise fare will be provided. Additionally, they may be prohibited from sailing with
Carnival Cruise Line in the future.
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) Calls made to Carnival, and calls received from Carnival, may be recorded for
the purposes of audit, training and the monitoring of services provided by Carnival.
(c) Guest agrees 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.
(d) The personal data Guest provides to Carnival, or which is obtained through
Guest's dealings with Carnival or with its affiliates, will be processed in accordance with Carnival privacy
notice, which describes how personal data may be processed, and which is available on the Carnival website.
Carnival may from time to time change its privacy notice; you can find the up-to-date privacy notice on the Privacy Notice page or by writing to
the address given below. 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. Guest
agrees that Carnival may (1) keep their personal and sensitive data, (2) use it in its business worldwide in
accordance with its published privacy notice , (3) share it with its affiliated or related companies and (4)
subject it to processing worldwide provided Carnival's safeguards are used. Guest agrees 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.
(e) Guest agrees 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 notice, as amended from time to time.
(f) 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. Guest agrees 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] and any terms and conditions
imposed by a third-party Wireless Services provider.
(g) Carnival may use facial recognition technology to enable embarkation,
debarkation, at entry and exit of the vessel at ports of call, on all photos taken by Carnival during Guest's
voyage, as well as those photos Guest uploads to Carnival's mobile app. Carnival will delete facial biometric
identifiers following completion of the voyage, prior to a subsequent voyage. All un-identified photos will be
deleted within thirty (30) days after the end of each voyage or earlier upon request. Any photos that have been
identified and linked to Guest's SPMS Guest ID will be retained for two (2) years to enable guest access and
purchase of photos and photo memorabilia after the end of the voyage. Photos may be deleted earlier upon
request. 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 dpo@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, or for expenses or losses caused or incurred for Guest's failure to observe or comply with local
requirements in respect of immigration, border patrol, customs and excise, agriculture, health, environment or
any other government regulation whatsoever, and the Guest shall be liable for any and all losses and fines
caused by their actions in regards to illegal dumping or pollution of any kind, including discharge of any item
into the ocean and/or waterways. For Guests who embark the vessel in violation of the ticket contract terms,
any/all resulting damages, losses, costs, expenses, credits, refunds and related claims, including without
limitation those related to a deviation of the vessel to disembark such Guests shall be the sole responsibility
of the Guest.
(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 the Guest, including
discharge and release of any unauthorized item overboard, without the express permission of the ship's staff.
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 water shuttles, 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.
(c) Although Carnival may have contracts, concessionaire agreements, and/or
independent contractor agreements with the above mentioned service providers and contractors. Guest hereby
acknowledges and agrees that Guests are not intended third-party beneficiaries of any such contracts and Guests
have no right to assert themselves as third party beneficiaries of such contracts or agreements.
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 more information on the EU Regulation
392/2009, please see the Official Journal of the European Union EU Regulation 392/2009 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, please visit Carnival's EU Regulation 392/2009 PDF and EU Regulation 1177/2010 PDF.
(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, the booking of the cruise, including but not limited to the
booking of Carnival Vacation Protection products, shore excursions, and land and hotel packages, 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 AND SUPERSEDES ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION WAIVER
PRECLUDES GUEST FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY
CLAIM BROUGHT UNDER THIS TICKET CONTRACT OR IN CONNECTION WITH GUEST'S CRUISE. EVEN IF 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
AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF GUEST'S CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE
13(d) ABOVE, THE GUEST FURTHER AGREES AND ACKNOWLEDGES THAT THE CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO
THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS.
THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW AND NOT BY
AN ARBITRATOR. 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.
Guest agrees that Carnival can receive immediate judicial assistance to enforce this class action waiver.
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. For additional information regarding
Carnival’s use of Guest’s likeness including use of facial recognition technology please refer to Clause 9(g)
above.
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. For the
privacy of our guests and crew, Guest expressly agrees not to record or video interactions with other guests or
crew without their express permission, and Guest further agrees that any use of video, photographic or recording
equipment, including cell phones, in the medical center is expressly prohibited. 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, 5, 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, 8, and 10,
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. For avoidance of doubt, and unless specifically contradicted in Clauses
18 through 28, the above terms and conditions, including the terms and conditions in Clauses 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, time limitations for
filing suit, arbitration, and waiver of jury trial for certain claims, cover Carrier’s Carnival Vacation
Protection products, shore excursions, and land and hotel packages. 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
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 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. 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 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 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 to the Fly2Fun page.
31. Refunds/Seat Assignments/Special Services/Fares/Lost
Tickets/Baggage Charges: Failure to use your FLY2FUN airline ticket/s 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 to the Airline Baggage FAQs page, 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.
IMPORTANT ADDITIONAL TERMS AND CONDITIONS FOR CARNIVAL EASY PAY
OPTION
33. This offer applies only to qualifying cruises where the
"Carnival Easy Pay" option is available on the cruise detail page.
34. This offer is not transferable and may not be combined with
other offers.
35. To be eligible for this offer, Guest must reside in the United
States of America and must have a valid credit card associated with their Carnival.com account. Please note that
this program is not available to Guests using a debit card, PayPal, or ACH from a bank account (e.g., checking
or savings account) to make payments. This offer may not be available to every guest and may not be available
for all qualifying cruises. In determining eligibility for this offer, Carnival reserves the right to consider,
for each transaction, factors including Guest’s payment history and the nature and price of the cruise
being reserved. Carnival will not use a credit report to determine eligibility for this offer.
36. Carnival reserves the right to cancel this offer at any time.
37. Guest will be charged the full price of the applicable deposit
in one initial payment and subsequent monthly payments (if the full price is not evenly divisible, Guest’s
final payment amount may be smaller). No interest or finance charges apply to this offer. Any interest, finance
charges or fees assessed by the issuer of the payment method to which payments are charged may still apply.
Taxes (other than Cruise Taxes, Fees, and Port Expenses) may apply in certain jurisdictions. Any applicable
taxes will be due and assessed in full as part of Guest’s initial payment when the booking is completed.
38. Guest authorizes Carnival to charge each payment to the credit
card associated with Guest’s Carnival.com account that was used to make the initial payment or, if
Carnival is unable to complete a charge using such credit card, to any other credit card Guest has on file in
Guest’s Carnival.com account. Guest agrees to maintain in their Carnival.com account at least one valid
credit card that expires no earlier than 20 days after the last payment due date.
39. Guest may prepay the full remaining balance of their purchase
at any time, but may not prepay a portion of the remaining balance.
40. If Carnival is not able to charge any payment to a credit card
on file in Guest’s Carnival.com account, Carnival reserves the right to pursue any remedy available,
including the right to cancel Guest’s reservation, as well as all remaining Guests in the same cabin.
Guest agrees that Carnival and its affiliates have no liability related to the exercise of these remedies.
