Ocean 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 the registered office at Victoria Mansions, Block 3, 2nd Floor, Toni Bajada Street, Naxxar NXR 2592, Malta (HEREINAFTER "CARRIER") WITH RESPECT TO THE M.V. "SCENIC ECLIPSE”, THE M.V. "SCENIC ECLIPSE II”, THE M.V. “SCENIC IKON”, THE M.V. “EMERALD AZZURRA”, THE M.V. ”EMERALD SAKARA”, THE M.V. ”EMERALD KAIA”, THE M.V. ”EMERALD RAIYA“, THE M.V. ”EMERALD XARA” or any other 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, helicopter and submersible or any other means of conveyance (HEREINAFTER "VESSEL"). CARRIER ENTERS INTO CONTRACTS OF CARRIAGE, ISSUES ALL CONTRACTS, AND ACCEPTS AND CARRIES PASSENGERS AND BAGGAGE ONLY ON AND SUBJECT TO THESE TERMS AND CONDITIONS. THE CONTRACT IS AN AGREEMENT BETWEEN PASSENGER AND CARRIER, AND, WHERE APPLICABLE, THE AGENTS, SERVANTS, AND EMPLOYEES OF CARRIER, INCLUDING BUT NOT LIMITED TO THE VESSEL. THE LIABILITY OF CARRIER TOWARDS PASSENGER IS LIMITED BY OPERATION OF APPLICABLE LAW AND BY OPERATION OF THESE TERMS AND CONDITIONS. PASSENGER’S ATTENTION IS PARTICULARLY DRAWN TO SECTIONS 5, 9, AND 10 OF THESE TERMS AND CONDITIONS, WHICH CONTAIN CERTAIN LIMITATIONS AND WAIVERS OF THE CARRIER'S AND THIRD PARTIES' LIABILITY, INCLUDING LIMITATIONS CONCERNING DEATH OR INJURY CLAIMS, AS WELL AS DAMAGE CLAIMS RELATING TO BAGGAGE AND PERSONAL PROPERTY. YOU THEREFORE MUST ENSURE THAT YOU ARE PROPERLY INSURED AGAINST ALL RISKS THAT YOU AND YOUR BELONGINGS MAY INCUR. THE RIGHTS, EXCLUSIONS AND LIMITATIONS OF LIABILITY AS WELL AS THE DEFENSES AND/OR IMMUNITIES OF THE CARRIER SET FORTH IN THESE TERMS AND CONDITIONS, SHALL ALSO APPLY TO AND BE FOR THE BENEFIT OF ITS AGENTS, EMPLOYEES, SERVANTS AND INDEPENDENT CONTRACTORS, CONCESSIONAIRES, SUBCONTRACTORS AND SUPPLIERS OF THE CARRIER, INCLUDING BUT NOT LIMITED TO THE VESSEL. PASSENGER WILL BE SUBJECT TO THESE CRUISE PASSENGER TICKET TERMS AND CONDITIONS PRESENTED TO YOU AT THE TIME OF YOUR BOOKING. HOWEVER, CARRIER HAS THE RIGHT TO REVISE AND AMEND SUCH TERMS AND CONDITIONS FROM TIME TO TIME TO REFLECT, AMONGST OTHER THINGS, CHANGES IN MARKET CONDITIONS AFFECTING ITS BUSINESS, CHANGES IN TECHNOLOGY, CHANGES TO HEALTH AND SAFETY LAWS OR PROCEDURES, CHANGES IN PAYMENT METHODS, CHANGES IN RELEVANT LAWS AND REGULATORY REQUIREMENTS, OR FOR ANY OTHER LAWFUL REASON. THE TERMS AND CONDITIONS SHALL BE FURTHER SUPPLEMENTED AND UPDATED BY ANY SPECIFIC POLICIES, PROTOCOLS OR STANDARDS WHICH CARRIER MAY, FROM TIME TO TIME, PUT IN PLACE TO ADDRESS THE COVID-19 PANDEMIC. WE WILL PROVIDE REASONABLE NOTICE TO YOU OF ANY CHANGES WE MAKE TO THESE CRUISE PASSENGER TICKET TERMS AND CONDITIONS AFTER THE TIME OF YOUR BOOKING, PRIOR TO THE TIME OF YOUR VOYAGE IN ACCORDANCE WITH APPLICABLE LAW. YOUR CONTINUED ACCESS TO OR THE USE OF CARRIER’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 TO THE EXTENT YOU DO NOT AGREE TO THE REVISED CRUISE PASSENGE RTICKET TERMS AND CONDITIONS, YOU MAY CANCEL YOUR BOOKING AND RECEIVE A REFUND. BY BOARDING THE VESSEL, YOU AGREE TO ACCEPT AND TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING SPECIFICALLY THOSE REGARDING YOUR RIGHTS TO SUE, LIMITATION OF LIABILITY, GOVERNING LAW, FORUM, AND JURISDICTION, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW IN YOUR JURISDICTION OF RESIDENCE.
CONDITIONS APPLICABLE TO THE CONTRACT 1.
DEFINITIONS
"Baggage" means all such Passenger baggage allowed on the Vessel pursuant to the terms of the Contract, and which is placed in Passenger's cabin, or which has been stored in the Vessel's baggage room, holds, or
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