cruising with sara moulton - terms and conditions

Payments:

A Non-Refundable deposit of $500 per person is required at time of booking for all staterooms  in order to hold your reservation. Deposit must be received by Monday, June 2, 2008.

All reservations will be handled on a first-come basis.

Final Payment: Balance is due on or before 5 pm EST on Aug. 29, 2008. By paying your deposit, you agree to apply the stateroom's remaining balance to the credit card on file to be charged the week of August 25, 2008. If you wish to pay with another credit card, WVTT must be notified prior to August 15, 2008.

Payment Terms supersede those made by the HOLLAND AMERICA LINES' Cruise Contract. Please note the payment provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by HOLLAND AMERICA LINES or its affiliated entities, whether in the HOLLAND AMERICA LINE, WVTT Contract terms or elsewhere. All rights granted to passengers in the HOLLAND AMERICA LINE WVTT Contract relating to the payment or refund of cruise fare and to cancellations by passengers shall not be operative. The “main guest” is defined as the guest who makes payment on/for the reservation. Any changes made to the reservation must be approved by the “main guest.” This includes, but is not limited to, name changes and transfer of reservations, dining requests, and cabin location requests.

Cancellation:

A cancellation of $500 per person will apply to all bookings cancelled prior to June 30, 2008. Should you cancel for any reason, after June 30, 2008, a 100% per person cancellation fee will apply.  All reservations include Travel Protection Insurance. In case of cancellation for a covered reason, claim can be filed with Access America Travel Protection.  In the event of trip cancellation, the amount of insurance premium is non-refundable.

Please note the cancellation provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by HOLLAND AMERICA LINE, whether in its ticket contract terms or elsewhere. All rights granted to passengers in the HOLLAND AMERICA LINE/WVTT contract relating to the payment or refund of cruise fare and to cancellations by passengers shall not be operative.

No Shows:

All no shows will be assessed a 100% cancellation fee.

Name Changes:

Once a payment is taken from an individual, any name changes or substitutions in that cabin will be assessed a name change fee. All changes must be communicated and handled directly by calling  800-225-4386. The “main guest”, defined as the guest who makes payment on/for the reservation. Any changes made to the reservation must be approved by the “main guest.”

Required Travel Documents:

Effective December 31, 2007, the U.S. Government requires that all of cruise passengers, including U.S. citizens, be in possession of a valid passport when traveling on any HOLLAND AMERICA LINE ship. Foreign nationals should contact their respective Embassies  to obtain correct information.

For more information or to get a passport application, visit www.travel.state.gov.

All guests must present the required documentation at embarkation. Guests without the required documentation will be denied boarding and no refund will be issued. Please understand that HOLLAND AMERICA LINE will strictly enforce this requirement to be in compliance with this important U.S. Government mandate.

Guest names on travel documents (airline and  cruise tickets) must be identical to the names as they appear on passport, Alien Resident Card, birth certificate, or any other Government issued ID. Otherwise, proof of name change (e.g., a marriage license) OR a valid driver's license (or government-issued photo ID) must be presented.

On occasion non-U.S. citizens and U.S. Resident Aliens may be asked to surrender their passport and/or Alien Resident Card at time of embarkation. These documents will be returned upon completion of the Immigration inspection at the time of debarkation.

U.S. State Department regulations require all guests traveling from visa-waiver countries be in possession of a machine-readable passport that includes a biometric identifier– i.e., embedded digital photograph. Otherwise, guests will be required to obtain a U.S. Multiple Re-entry Visa. Guests without proper identification may be refused boarding or entry into the United States.

Family Legal Documents:

Adults who are not the parent or Legal Guardian of any minor child traveling with them, are required to present the child's valid passport and visa (if required), or the child's birth certificate, (original or certified copy) and an original notarized letter signed by at least one of the child's parents. The notarized letter from the child's parent must authorize the traveling adult to take the child on the specific cruise and must authorize the traveling adult to supervise the child and permit any medical treatment that must be administered to the child, should the child requires such medical treatment. If a non-parent adult is a Legal Guardian, the adult must present a certified certificate of Guardianship with respect to the child.

Inoculation / Health:

All guests must ensure that they are medically and physically fit for travel. The Centers for Disease Control (CDC) and the World Health Organization (WHO) provide guidelines as to which vaccinations are required in each country. In many cases inoculations are recommended but in some circumstances they are required. We recommend that you check with your health care professional or a Travel Medicine Specialist certified by the WHO for guidance. Other informational resources can be accessed at the Center for Disease Control and Prevention's Traveler's Health website or toll free at 1-877-FYI-TRIP, and the World Health Organization website.

Passengers With Special Needs:

By booking the Cruise, you warrant that you, and those traveling with you, are physically fit to travel at the time of embarkation. Boarding will be denied to any person who will enter her third trimester (twenty-seventh week) of pregnancy by the time of the Cruise or during the cruise and to infants under four months old. You must notify WVTT at the time of booking of any disability or other medical or physical condition that may require special assistance during the Cruise. Your failure to do so will release the Released Parties (HOLLAND AMERICA LINE and/or WVTT) from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. WVTT and HOLLAND AMERICA LINE reserves the right to require that any passenger who is not self-sufficient travel with a companion who shall take responsibility for any assistance needed during the Cruise and in case of emergency.

Shore Excursions & Cruise Amenities:

You acknowledge that all shore excursions and tours, however conducted; airline flights and ground transportation; and any ship physician, nurse and on board concessions (including, without limitation, gift shops, spa, beauty salon, fitness center, golf and art programs, and video/snorkel concession) are operated by independent contractors. WVTT neither supervises nor controls their actions, nor makes any representations, whether express or implied, as to their suitability. These services are provided only as a convenience for you, and you are free to use or not use them. You agree that each of the Released Parties 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 you and/or your property in connection with these services. You use them at your own risk.

General Conditions:

Transportation on the Cruise may be denied to any person who, in WVTT's and/or HOLLAND AMERICA LINE's sole discretion: (1) is or becomes in such a condition as to be unfit to travel; (2) is dangerous or obnoxious to others; or (3) is inadmissible under the laws of any country of debarkation. In addition, WVTT and HOLLAND AMERICA LINE reserve the right to refuse passage, disembark or confine to a stateroom any person whose physical or mental condition or behavior they consider, in their sole discretion, to constitute a risk to the person's own well-being or that of any other person. The Released Parties shall have no liability to any such person or any third party arising out of any such decision. Any costs resulting from WVTT,s and/or HOLLAND AMERICA LINE's decision, including, without limitation, costs of lodging and transportation, shall be the responsibility solely of the person.

Medical Care:

You assume all risks associated with travel and transportation on the Cruise. While at sea or in port, the availability of medical care may be limited and/or delayed. You acknowledge that all or part of the Cruise may be in areas where medical care and/or evacuation may not be available.

Ports of Call:

You assume sole responsibility for your own safety in any port of call.  WVTT and  HOLLAND AMERICA LINE do not guarantee your safety at any time. You may find information about the scheduled ports of call through the U.S. Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations. WVTT and HOLLAND AMERICA LINE  assume no responsibility for gathering and/or disseminating any such information to you.

Cancellation by WVTT:

WVTT reserves the right, without previous notice, to cancel the Cruise, before embarkation, at the port of embarkation or at any time during the Cruise. Thereupon, WVTT shall return to you, if the Cruise is completely canceled, your cabin fare, cruise line transfers and related taxes and fees, or, if the Cruise is partially canceled, a proportionate part thereof. Under such circumstances, WVTT and HOLLAND AMERICA LINE shall have no further liability for damages or compensation of any kind. Please note that the availability of any refund for travel insurance and/or other travel products (airfare, hotel, car rental), even if purchased in conjunction with the Cruise, will be determined in accordance with the applicable cancellation policies for such other products or services by the individual suppliers.

Limitation of Liability:

By booking the Cruise, you (the passenger) agrees to release and hold harmless WVTT and HOLLAND AMERICA LINE, from and against any claim or cause of action arising out of or in connection with your travel on and participation in the Cruise, including, but not limited to: (1) injury, death or delay of passengers, or loss, damage or delay of or to passengers' baggage or other property, which may be caused, directly or indirectly, in whole or in part, from participation in the Cruise, including, without limitation, passenger's use of or participation in any shore excursion, on board concession or athletic or recreational activity; (2) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances (except when such damages were caused by WVTT's and/or HOLLAND AMERICA LINE's negligence, and resulted from the same passenger's sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to have been intentionally inflicted by WVTT and/or HOLLAND AMERICA LINE); (3) any change in scheduled Cruise events and/or celebrity appearances; or (4) HOLLAND AMERICA LINE's exercise of its contractual rights (see below). You further agree that WVTT and/or HOLLAND AMERICA LINE shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by WVTT and/or HOLLAND AMERICA LINE, nor for any intentional or negligent acts of any  employees committed while off duty or outside the course and scope of their employment.

In the event that a court of competent jurisdiction holds any of the foregoing to be unenforceable, then WVTT's and HOLLAND AMERICA LINE's liability shall be limited to the maximum extent permitted by law. In addition, in such case:

• Claims for Personal Injury, Illness or Death: WVTT AND HOLLAND AMERICA LINE  shall not be liable for any claims whatsoever for personal injury, illness or death of a passenger, unless full particulars in writing are given to WVTT 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 (1) year after the date of the injury, event, illness or death, and unless served on WVTT within 120 days after filing. You (the passenger) expressly waive all other potentially applicable state or federal limitations periods.

• Claims other than Personal Injury, Illness or Death: WVTT and HOLLAND AMERICA LINE shall not be liable for any claims whatsoever, other than for personal injury, illness or death of a passenger, unless full particulars in writing are given to WVTT within 30 days after the passenger is landed from the Cruise, or if the Cruise is abandoned, within 30 days thereafter. Suit to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless filed within six months after the date the passenger is landed from the Cruise or the Cruise is abandoned, and unless served upon WVTT within 120 days after filing. You (the passenger) expressly waive all other potentially applicable state or federal limitations periods.

THE EXCLUSIONS OR LIMITATIONS OF LIABILITY OF WVTT AND HOLLAND AMERICA LINE SET FORTH IN THE PROVISIONS OF THIS CONTRACT SHALL ALSO APPLY TO AND BE FOR THE BENEFIT OF AGENTS, INDEPENDENT CONTRACTORS, CONCESSIONAIRES AND SUPPLIERS OF WVTT AND HOLLAND AMERICA LINE, TOGETHER WITH THE EMPLOYEES AND SERVANTS OF EACH OF THE FOREGOING. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL WVTT OR HOLLAND AMERICA LINE WILL BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.

Decisions of HOLLAND AMERICA LINE CRUISES:

You will receive HOLLAND AMERICA LINE Cruise E-Ticket Contract. The HOLLAND AMERICA LINE Terms constitute your agreement with HOLLAND AMERICA LINE. The HOLLAND AMERICA LINE Terms provide that HOLLAND AMERICA LINE may exercise its rights in a variety of matters, including, without limitation:

• Its right to alter the ship's course, ports of call, itinerary, activities and shore excursions, for any reason, to ensure the comfort and safety of the passengers and crew;

• Its decision to comply with any order, recommendation or directivs given by any government or other person or WVTT; and

• Its decision to deny boarding to, confine to a stateroom or disembark any Cruise passenger. WVTT and HOLLAND AMERICA LINE, shall not be liable to you or any third party for any claim or cause of action arising, directly or indirectly, in whole or in part, out of HOLLAND AMERICA LINE,s exercise of any of its rights as provided in the HOLLAND AMERICA LINE Terms. Without limiting the foregoing, WVTT and HOLLAND AMERICA LINE shall not be liable to any Cruise passenger for a full or partial refund of any Cruise fare, or for any lodging or transportation expenses, as a result of HOLLAND AMERICA LINE,s exercise of its contractual rights.

Disputes:

Except where prohibited by law, you (the passenger) expressly agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Cruise shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Miami, Florida, U.S.A. to the exclusion of the courts of any other state, territory or country; (2) you waive any venue or other objection that you may have to any such action or proceeding being brought in any court located in Miami, Florida; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Cruise, but in no event attorneys' fees; and (4) you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.

Miscellaneous:

HOLLAND AMERICA LINE reserves the right to substitute the Cruise vessel. Any consequences arising out of HOLLAND AMERICA LINE's exercise of this right shall be governed by the agreement between HOLLAND AMERICA LINE and WVTT, and not by HOLLAND AMERICA LINE's agreement with you, the passenger. Furthermore, in the event of any conflict between the HOLLAND AMERICA LINE Terms and these Terms and Conditions, these Terms and Conditions will prevail. In addition, HOLLAND AMERICA LINE and/or WVTT may reassign cabins as determined necessary or desirable by the Vessel's Safety Department or WVTT, in their sole discretion.

The information contained on this page and in other pages and material relating to the Cruise, including any information regarding celebrity participation and programmed events, is subject to change at any time and without notice. The details shown are for informational purposes only. WVTT and HOLLAND AMERICA LINE are not responsible for any errors, changes and/or omissions resulting in pricing, inventory or content discrepancies.

WVTT has the exclusive right to include photographic, video and other visual portrayals of Passenger in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Passenger. All rights, title and interest therein (including all worldwide copyrights therein) shall be WVTT's sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger and Passenger hereby expressly releases WVTT and HOLLAND AMERICA LINE from and waives any rights to any claims in connection therewith.

Passenger shall at all times remain liable to WVTT for the price of passage.

In addition to the restrictions and exemptions from liability provided in these Terms and Conditions, WVTT and HOLLAND AMERICA LINE shall have the full benefit of any applicable laws providing for limitation and exoneration from liability, and nothing  contained herein is intended to operate,  limit or deprive WVTT and HOLLAND AMERICA LINE of any such statutory limitation of or exoneration from liability. Without limiting the foregoing, WVTT and HOLLAND AMERICA LINE claim benefit of all restrictions, exemptions and limitations of the "Convention Relating to the Carriage of Passengers and Their Luggage by Sea" of 1974 as well as the Protocol to the "Convention Relating to the Carriage of Passengers and Their Luggage by Sea" of 1976 ("Athens Convention"), which limits the liability of WVTT and HOLLAND AMERICA LINE for the death of or personal injury to a passenger to no more than the applicable amount of Special Drawing Rights as defined therein, and all other limits on damage or loss to personal property.

These Terms and Conditions and the terms accepted during the cruise reservation process contain the entire agreement between WVTT and Passenger and supersedes any other agreements, written or oral, relating to the subject matter herein. Any waiver of any provision must be made in writing and signed by an authorized representative of WVTT. If any portion of these Terms and Conditions shall be determined to be invalid, then said portion shall be deemed severed from the Contract in such jurisdiction only and all remaining portions shall remain in full force and effect.

Passenger, or if a minor, his parent or guardian, shall be liable to WVTT and HOLLAND AMERICA LINE for any fines or penalties imposed on WVTT and HOLLAND AMERICA LINE Vessel or the Transport or Carrier by any authorities for his or her failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise.

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800-225-4386