Emerald Yacht Cruise - Passenger Ticket Terms and Conditions IMPORTANT NOTICE THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO THE CONTRACT OF CARRIAGE (HEREINAFTER “CONTRACT”) BETWEEN YOU AS THE PASSENGER AND PEC OPERATIONS LTD, A LIMITED LIABILITY COMPANY REGISTERED IN MALTA BEARING THE COMPANY REGISTRATION NUMBER C84482 AND HAVING OUR REGISTERED OFFICE AT VICTORIA MANSIONS, BLOCK 3, 2ND FLOOR, TONI BAJADA STREET, NAXXAR NXR 2592, MALTA (HEREINAFTER "CARRIER" ) WITH RESPECT TO THE M.V. "EMERALD AZZURRA”, MV “EMERALD KAIA” AND M.V. “EMERALD SAKARA” OR ANY SUBSTITUTE SHIP CHARTERED OR OPERATED OR PROVIDED BY CARRIER, WHETHER OWNED, CHARTERED, OR OPERATED BY CARRIER OR BY THIRD PARTIES ON WHICH PASSENGER MAY BE TRAVELLING, AND ITS TENDERS, JET SKIS, KAYAKS OR ANY OTHER SIMILAR MEANS OF CONVEYANCE. (HEREINAFTER "VESSEL”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’S WEBSITE AND/OR THE SERVICES THAT CARRIER OFFERS CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH CHANGE OR AMENDMENT TO THESE TERMS AND CONDITIONS (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY COVID-19 PROTOCOLS). PASSENGER WILL BE SUBJECT TO THE TERMS AND CONDITIONS IN FORCE AT THE TIME OF BOOKING TICKETS FROM US, UNLESS ANY CHANGES TO THESE TERMS AND CONDITIONS ARE REQUIRED TO BE MADE BY LAW OR GOVERNMENTAL AUTHORITY AND PASSENGER WILL BE NOTIFIED OF SUCH CHANGES. BY BOARDING THE VESSEL, YOU AGREE TO ACCEPT AND TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS WHICH FOLLOW, INCLUDING SPECIFICALLY THOSE REGARDING YOUR RIGHTS TO SUE, GOVERNING LAW, FORUM AND JURISDICTION. THANK YOU FOR TAKING THE TIME TO FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS.
CONDITIONS APPLICABLE TO THE CONTRACT 1.
DEFINITIONS:
"Baggage" means all such Passenger baggage allowed on the Vessel pursuant to the terms of this Contract which is placed in Passenger's cabin, or which has been stored in the Vessel's baggage room, holds or safe against receipt at the request of Passenger. "Booking" means the booking by the Passenger with Emerald Cruises of a Cruise on board the Vessel. “Booking Confirmation” means the receipt/ confirmation of the Booking including but not limited to Emerald Cruises Terms & Conditions set out in the Emerald Cruises brochure and /or as provided to the Passenger. “Carrier” means PEC Operations Ltd "Conditions" means these Cruise Passenger Ticket Terms and Conditions or Cruise/Journey Conditions.