The invoice and terms set forth on the front side of this page are the offer of Voyages of Discovery to provide the passengers named with the cruise-tour services noted at the price(s) given. The offer of cruise-tour services is made specifically upon the condition that the ocean water transport to be provided (the ‘cruise’ portion) shall be subject to all of the terms and conditions of Passenger Ticket Terms and Conditions of Voyages of Discovery. Those terms and conditions are as more fully set forth in the Contract of Carriage a copy of which is being included with this Invoice, or which will be provided to you upon request, and that will in all cases, upon full payment having been received, be included when your cruise-tour documentation package has been provided to you. What follows concerns (a) the terms and conditions of the Contract for Carriage that relate to the booking of your cruise-tour, including your payment obligations, and the related limitations on cancellation by you, the non-transferability of the booking, and the limited refund rights in the event you cancel your booking, and (b) information about the limitations of liability of the ocean carrier and other legal conditions that are part of the Contract of Carriage and that will apply to your cruise-tour. There are other terms and conditions that are part of the Contract for Carriage (Passenger Ticket Terms and Conditions) that will apply to the actual performance of the cruise, such as any diversions of the ship, shortening or lengthening of the cruise, cancellation of cruises by the carrier, or other events or occurrences that may arise during or in respect to your cruise-tour, and you should familiarize yourself with those terms and conditions not later than when you are provided with a copy of the Contract for Carriage in your documentation package.
Specific Extracts from the Contract for Carriage:
Art. 1 Booking is Non-transferable
The cruise-tour booking is non-transferable and is valid only for the Passenger or Passengers for whom it is made and for whom the tickets are to be issued, for the date and for the vessel indicated (or any substitute vessel the Company may designate), and cannot be transferred to any other person or persons.
Art 2 Entire Contract
All prior understandings and agreements entered into prior to the booking of the cruise including prior to the issuance of the Contract of Carriage in the name of the Passenger or Passengers, whether oral or written, are superseded by and merged into the Contract of Carriage (and the booking terms and conditions of the Invoice) which alone fully and completely expresses the agreement between the Passengers and the Company in every possible contingency.
Art 3 No Amendment and Separability of Contract Terms
No amendments of the Contract of Carriage (including the booking terms and conditions of this Invoice) shall be valid unless made in writing and signed by a Director of the Company. The terms of the Contract of Carriage shall be severable and the invalidity of any one or more provisions shall not impair the validity of any other provision, or of the Contract of Carriage as a whole.
Art 4 Cancellation of Passage Contract
The Company reserves the right to cancel, advance or postpone any cruise at any time prior to the scheduled sailing date and is under no obligation except in the event of cancellation you will receive a full refund of any payments received. In addition, situations may arise which, in the opinion of the Company, make it necessary to change itineraries or make substitutions or omissions, involving hotels, ports of call, restaurants, other travel components, vessels or other modes of transportation, whether before or after the sailing of the vessel, without previous notice to the passengers. If this should occur the Company does not assume responsibility or liability for any losses, inconvenience or expenses incurred by passengers as a result, except as detailed in the Passage Contract. The Company is not required to make refunds once travel commences regardless of the reason for a the passenger being unable to complete their travel.
If the passenger wishes to cancel the booking, a full refund will be made when written notice of cancellation is received by the Company not later than 120 days prior to the scheduled sailing date. Passengers who cancel after that date for any reason, including medical reasons, are subject to the following per person cancellation fees:
119-90 days: $500, 89-60 days: $1,000, 59-30 days: $25% of fare, 29-15 days: 50% of fare, 14 days or less, including No-show: 100% of fare, where the ‘fare’ is the cost of any cruise, land or air portions purchased from the Company.
There will be no refund in the case of a voluntary or involuntary termination by the passenger of a cruise-tour in progress. Changes in the identity of any passenger and changes in the departure dates are considered reservation cancellations and are subject to the foregoing cancellation fees.
Art 5 Alteration of Contract, Modification of Cruise
(a) The Company is unable to guarantee that the Ship will call at every advertised port or follow every part of the advertised route [and the Company and the Master shall have the right to omit ports, call at additional ports, advance or delay departures and arrivals and] provided such decision is reasonably taken, the Company shall be under no obligation or liability to passengers save as set forth in Article 5 of the Passage Contract (text available upon request).
(b) The Company has the right to charge the Fare in force on the date of sailing. Where such Fare is more than that shown on the invoice or the ticket, when issued, the difference must be paid before the passenger embarks. For the purpose of the Contract of Carriage, the word ‘Fare’ shall include any surcharge imposed by the Company prior to the date of sailing.
[If for any reason whether or not due to causes beyond the passenger’s control the passenger does not embark or the passenger leaves a cruise while in progress so that only part of the cruise services reserved are used, the passenger shall have no right to a refund, and in the case a cruise is shortened, prolonged or changed by the decision of the Company, the Company shall only have that limited obligation to the passenger specified in the Contract of Carriage.]
Art 6 Extras and Additional Charges
(a) All accounts for services and goods provided while on board the vessel or while ashore which are not included in the fare charged must be settled in cash, or by travelers check or credit card in U.S. dollars (unless otherwise specified) at the prevailing exchange rates before the passenger disembarks. A list of the currently accepted credit cards is available upon request. Personal check are not accepted on board for any payment.
(b) The doctor(s) and nurses on board charge passengers for their services. A charge will also be made for drugs and any other medical requisites. In addition, any expense, howsoever arising, not covered by the Fare, which is reasonably incurred by the Company on board or at any port for or on behalf of the passenger for but not limited to hospitalization; medical, surgical, dental or similar treatment; hotel; diversion of the vessel; local and air transportation; medical evacuation and repatriation expenses shall be payable by the passenger.
(c) Taxes, fees and charges imposed by governmental or quasi-governmental authority are extra and in addition to the cruise Fare and must be paid by the passenger prior to embarkation, including any increase or additional taxes, fees or charges imposed by such authorities.
Art 7 Documents, Health, Conduct and Search
(a) The passenger shall comply with any government travel requirements, shall possess and shall present entry, exit and other necessary documents, and shall arrive on board the vessel by the time fixed by the Company or, if no time is fixed by the Company, then early enough to complete departure procedures.
(b) It may be necessary for security reasons to search the passenger and the passenger’s personal property [and the passenger agrees to comply with such requirements].
(c) The passenger represents and warrants that the passenger is and will be fit to travel and the passenger’s conduct will not impair the safety of the vessel or inconvenience the other passengers. If it appears to the Company or the Master of the vessel that a passenger is for any reason whatsoever unfit to travel or is likely to endanger his or her health, or the health and safety, or impair the comfort or well being of others on board, or seems likely to refused permission to land at any port, or to render the Company liable for his or her support, maintenance or repatriation, the Company and the Master shall be entitled at any time to [refuse embarkation, to debark the passenger at any port or place of safety, to confine the passenger to his or her cabin, to administer medical treatment including prescribed drugs, and to take other reasonable actions as enumerated in more detail in the Contract of Carriage].
(d) Persons with physical disabilities or handicaps requiring special treatment or assistance, including persons confined to wheelchairs must have notified the Company in writing of the nature of such conditions at the time of making reservations, or promptly upon the development of such condition(s) if arising after the reservations have been made. Those persons confined to wheel chairs must furnish their own standard size wheelchairs and must be accompanied by a traveling companion fit and able to assist the passenger in all respects. Wheelchairs supplied by the Company and placed on board the vessel are for use only in emergencies or in respect to persons whose needs arise during the course of the cruise.
(e) Any passenger who has any form of mental or physical condition, illness or disability or who is experiencing any illness or disability which could affect his or her fitness for travel must submit to the Company when booking the cruise, or promptly upon the development of such condition(s) a certificate of the passenger’s physician attesting to the passenger’s condition and fitness for the travel contemplated. Pregnancy is regarded as a physical disability for the purposes of ocean and air travel and the Company reserves the right to refuse passage to women who are more than twenty eight weeks pregnant at the time of embarkation. The passenger acknowledges and agrees that the Company shall have no responsibility or obligation to provide any special services or equipment other than the services or equipment normally provided by the Company to passengers unaffected by illness or disability. Notwithstanding the Company’s acceptance for travel of any person with any mental or physical condition, illness or disability, including where special treatment or arrangements are made available, the passenger releases the Company from all liability for any injury, loss or damage suffered by such passenger(s) in connection with the cruise and related travel and accommodations which is proximately caused or aggravated by such pre-existing medical or mental condition, illness or disability.
(k) The passenger shall have no right to any refund and Company shall have no obligation or liability of any kind to the passenger in respect to any action taken by the Company in good faith under this Article 7.
Art 9 Limitations on Legal Liability, Venue and International Conventions
The Company’s responsibility to the Passenger and guests for death, injury, illness, damage, delay or other loss to person or property of any kind suffered by you or any of the persons in the Passenger’s party, in the first instance as a matter of law and, if that be inapplicable, then as a matter of contract between the Passenger and the Company, in respect to all cruise-tours including those departing from a United States port (unless by reason of law the Convention is held to not apply, and where, in that case, other limitations shall apply) shall be governed by the Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974, (commonly known as the “Athens Convention”) with protocols and amendments, together with the further provisions of the International Convention on Limitation of Liability for Maritime Claims, 1976, with revisions and amendments (hereinafter collectively referred to as the “Convention”), and, if applicable, by reason of the Passengers having embarked in a U.S. port, those other and further limitations of liability set forth in the statutory maritime and general laws of the United States. Unless precluded by a statute of the United States, the law governing this Contract of Carriage shall be the international law prescribed in the Convention, exclusive of conflicts of laws provisions. In the event the Company is found to be liable to a Passenger for death, injury, illness, damage, delay or loss, in respect to a cruise to which the Convention applies by law or by reason of the provisions of this Contract of Carriage, the Company’s liability shall not exceed the limitations specified in the Convention measured in ‘Special Drawing Rights’ (SDR’s) including all future amendments or protocols that may adjust the SDR limitations. The Athens Convention limits the Company’s liability for death of or personal injury to a Passenger to no more than 46,666 SDR’s as defined therein (approximately U.S. $60,000 which fluctuates depending on daily exchange rate as printed in the Wall Street Journal). In respect to loss or damage to cabin baggage and personal possessions 833 SDR’s, and in respect to other baggage 1,200 SDR’s (in 1990 $1,070 and $1,550 respectively). The Company’s liability shall be limited further by those deductibles to be borne by the Passenger according to the provisions of Article 8 of the Convention. The entire text of the Contract of Carriage is available on request.
Art 10 Notices and Payments
When the passenger books the cruise-tour through a travel agent, tour operator or other travel intermediary (called a ‘Travel Agent’ for the purpose of this Article) the Company and the passenger designate the Travel Agent as the agent for the passenger. The Company shall have no responsibility for nor obligation in respect to the Travel Agent’s performance or non-performance of the duties undertaken at the request of the passenger and as the passenger’s agent. The Company will send all notices to the passenger via the Travel Agent and all refunds which may be paid by the Company in respect to the booking or other provisions of the Contract of Carriage may be made by the Company to the Travel Agent as the passenger’s agent without any obligation to see to the application of such payments.









