PASSENGER TICKET CONTRACT
IMPORTANT NOTICE: THIS PASSENGER TICKET CONTRACT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AS PASSENGER AND THE CARRIER AND GOVERNS YOUR CRUISE AND ANY
RELATED TRAVEL. PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
AS THIS CONTRACT LIMITS YOUR LEGAL RIGHTS AND REMEDIES AND PROVIDES PROTECTIONS TO EACH OF THE ENTITIES IDENTIFIED AS “CARRIER” AND THEIR AFFILIATED ENTITIES AND
PERSONNEL. THIS CONTRACT CONTAINS SIGNIFICANT FEES FOR CANCELLATION, AND IN SECTIONS 7-10 LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS ON DAMAGES FOR BAGGAGE
AND OTHER PROPERTY, PERSONAL INJURY, ILLNESS OR DEATH; TIME LIMITS FOR CLAIMS AND SUITS, SWISS CHOICE OF LAW AND SWISS FORUM SELECTION CLAUSE FOR SUITS, AND
CLASS ACTION WAIVER. BY BOOKING THE TRAVEL, REGARDLESS IF PAYMENT HAS BEEN MADE IN PART OR IN FULL, AND WHETHER OR NOT YOU HAVE BOARDED THE VESSEL, YOU
EXPLICITLY AGREE TO ACCEPT AND BE BOUND BY ALL THE TERMS OF THIS CONTRACT EVEN THOUGH IT DOES NOT REQUIRE YOU OR THE CARRIER TO SIGN IT.
IF YOU DISAGREE WITH OR ARE UNWILLING TO BE BOUND BY ANY OF THE TERMS OF THIS CONTRACT, PLEASE DO NOT PARTICIPATE IN THE CRUISE OR RELATED TRAVEL BEING OFFERED.
TO REDUCE OR MANAGE YOUR RISKS OF FINANCIAL LOSS AND OTHER LOSS ARISING FROM INJURY, DEATH, LOSS OF OR INJURY TO PROPERTY, CANCELLATION OR DELAY OF TRAVEL AND
OTHER RISKS, CARRIER RECOMMENDS THAT YOU OBTAIN YOUR OWN VACATION PROTECTION INSURANCE, TRAVEL INSURANCE, ACCIDENT, LIFE AND OTHER FORMS OF INSURANCE.
1. DEFINITIONS:
“Baggage” means all Passenger baggage allowed on the Vessel pursuant to this Contract, which is placed in Passenger’s cabin, or stored in the Vessel’s baggage room, holds or safe against receipt therefore
at Passenger’s request.
“Captain” means the individual serving as Captain of, or Master of the Vessel, and anyone acting under such individual ’s authority.
“Carrier” means the entity that owns, operates and/ or charters the Vessel on which your cruise takes place, as indicated in this section. The term “Carrier” also includes all of these entities’ shareholders,
members, owners, directors, officers and employees, all Vessels operated by each Carrier, and each Vessel’s owners, managers, operators, charterers, agents, crew, pilots, and employees. For purposes of
the defenses, limitations of liability and the rights of the Carrier as stated in this Passenger Ticket Contract only, the term “Carrier” also includes, AmaWaterways, LLC, a California limited liability company,
as well as each parent and/or wholly or partially owned subsidiary of these companies, and their shareholders, members, owners, directors, officers, sales representatives and employees; and the
concessionaires, independent contractors, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging or provided to
any Vessel, or which are owned or operated by the Carrier. The Carriers operate cruises worldwide, except in the United States, and none of the Carriers are based in the United States. AmaWaterways, LLC
acts solely as a sales and marketing agent for the Carriers, does not own or operate any Vessel or other travel facility or accommodation, and assumes no liability for acts or omissions of any Carrier or
another third-party provider. For vessels flying the Swiss flag, the Carrier is AmaWaterways GmbH, an entity organized under the laws of Switzerland. For vessels in Portugal, the Carrier is DouroAzul,
Sociedade Maritimo Turistica S.A, an entity organized under the laws of Portugal. For vessels in Egypt, the Carrier is a partnership between AmaWaterways LLC and Wings Tours & Nile Cruises, an entity
organized under the laws of Egypt. For the vessel in Vietnam, the Carrier is Indochina Waterways, an entity organized under the laws of Vietnam. For vessels in Colombia, the Carrier is AmaMagdalena
S.A.S., and entity organized under the laws of Colombia. For the vessel in Namibia, the Carrier is Zambezi Queen Holidays PTY Ltd, an entity organized under the laws of Namibia. For a complete and up-todate
listing of the registry and Carrier for each vessel, visit www.AmaWaterways.com/CarrierInformation.
“You,” “Your,” “Guest” and “Passenger” means every person named on the face of, or traveling under, or occupying a cabin designated on this Contract, and persons in their care, including any minors, and
also includes their heirs, successors-in-interest, assigns and personal representatives.
“Contract” means this Passenger Ticket Contract.
“Vessel” means any ship owned, chartered, operated or provided by Carrier, whether owned, chartered, operated or provided by Carrier or by third parties; on which Passenger travels, or any substituted ship,
and its tenders or any other similar means of conveyance belonging to the Vessel.
“Digital Travel Documents” means detailed travel arrangements, including airline confirmation information, if applicable, sent by email approximately three to four weeks prior to departure.
2. NON-TRANSFERABILITY: This Contract grants passage for only the Passenger(s) named on the Digital Travel Documents, and only for the date and Vessel indicated. It may not be sold or transferred by
Passenger. Any attempted sale or transfer by Passenger is void and of no effect. This Contract binds, and confers benefits on, and imposes limits, restrictions and exclusions on and/ or affects Passenger,
Passenger’s spouse, heirs, executors, administrators, assigns, personal representatives, dependents and next-of-kin. Any Passenger purchasing or booking travel, or using this Contract, represents and
warrants that s/he is duly authorized by and on behalf of all Passengers (including minor children) named on the Digital Travel Documents and accompanying Passenger to agree to and to bind all such
Passengers to the terms and conditions of this Contract.
3. EMBARKATION: Passenger promises to be on board the Vessel at least one hour before: (a) the scheduled departure time; and (b) each departure time announced during the cruise. At embarkation, each
Passenger must have already received all medical inoculations necessary for the voyage and must have in his/her possession this Contract, a valid passport, visas, medical card and other documents
necessary for scheduled ports-of-call and disembarkations. It is the Passenger ’s sole responsibility to obtain and have available the appropriate and valid travel documents. Carrier advises Passengers to
check with their travel advisor or the appropriate governmental authority to determine the necessary documents required for travel. Carrier may refuse boarding or disembark passengers without liability for
refund, payment, compensation, or credit of any kind if Passenger does not have proper documentation or fails to timely board the Vessel prior to departure.
4. BAGGAGE LIMIT AND LABELING: Each Passenger may bring aboard the Vessel, without additional charge, up to one (1) suitcase. Additional Baggage will be subject to excess baggage charges. Passenger
shall assure that all Baggage is securely packed and distinctly labeled with Passenger ’s full name, Vessel name and sailing date, and Passenger’s cabin number.
5. NO PETS OR DANGEROUS OR ILLEGAL ITEMS OR ITEMS OR ACTIONS THAT MIGHT CAUSE DAMAGE TO THE VESSEL. Passenger shall not bring any animal (other than a qualified service animal of a
disabled Passenger), dangerous article such as a firearm, explosive, flammable or combustible material, lithium batteries, or non-medical oxygen, alcohol, illegal drug, other controlled or illegal substance, or
any other items prohibited by applicable law to, or aboard, the Vessel. If Passenger has any such item at time of embarkation, then before entry on the Vessel, Passenger shall surrender it to the Captain, and
consents to the Captain disposing or destroying or giving it to authorities. Additionally, Passenger must not cause damage to the vessel or its contents, whether intentionally or unintentionally. You agree to
accept responsibility, reimburse and/or indemnify Carrier for any loss, damage or expense whatsoever related to the presence of any service animal or any dangerous or illegal items brought on the cruise or
related to any action that may cause damage to the Vessel or its contents. You further agree to determine and meet any documentary or other requirements related to bringing the service animal onboard the
Vessel and agree that you may be removed from the cruise without compensation of any kind if any action is perceived by the Captain as being detrimental to the Vessel , its contents or to the comfort,
safety, enjoyment or wellbeing of other guests.
6. VALUABLES: Hand or unlocked luggage, breakables, jewelry, money, precious stones, securities, financial instruments, tickets and any other valuables and personal items which include but are not limited
to dental hardware, eyewear, hearing aids, medications and medical equipment, electronics, computers, cameras, and cellular telephones must be hand- carried by Passenger on and off the Vessel , and must
not be included with check-in Baggage. Carrier shall not be responsible for loss of or damage to any such item under any circumstances.
7. LIABILITY LIMITATIONS FOR LOSS OF AND/OR DAMAGE TO PROPERTY:
(a) THE TOTAL VALUE OF BAGGAGE, VALUABLES AND OTHER PERSONAL BELONGINGS OF A PASSENGER WHO DOES NOT DEPOSIT THEM FOR SAFEKEEPING AS DESCRIBED IN THIS
CONTRACT, SHALL BE DEEMED NOT TO EXCEED U.S. $200. SUBJECT TO SUBESCTION (C) BELOW, CARRIER’S LIABILITY TO A PASSENGER, IF ANY, FOR LOSS OF OR DAMAGE TO SUCH
BELONGINGS IS LIMITED TO A MAXIMUM OF U.S. $200.
(b) Carrier can provide safekeeping for valuables aboard the Vessel and encourages Passenger to deposit Passenger ’s jewelry and other valuables brought aboard the Vessel with the designated officer.
That officer will issue Passenger a receipt for the valuables. Carrier shall not be liable for loss of or damage to jewelry, money, precious stones, securities, financial instruments, tickets or other valuables
unless delivered to the designated officer and a receipt issued. The value of articles delivered to such officer for safekeeping shall be deemed in all cases not to exceed U. S. $200, unless Carrier agrees
expressly in writing to a higher value for the article at the time of delivery to the designated officer.
(c) EXCEPT AS SPECIFICALLY STATED ELSEWHERE IN THIS CONTRACT, CARRIER SHALL HAVE NO LIABILITY FOR LOSS OF OR DAMAGE TO BAGGAGE OR PERSONAL EFFECTS. PERSONAL
BELONGINGS LOST IN ANY PUBLIC AREA, OR ELSEWHERE, WHETHER ON BOARD THE VESSEL OR ELSEWHERE, ARE NOT REIMBURSABLE. LOSS DUE TO ORDINARY WEAR AND TEAR, PERIL
OF THE SEA OR OTHER WATERWAY, OR ACT-OF-GOD IS NOT REIMBURSABLE. SETTLEMENT OF A REIMBURSABLE CLAIM FOR LOST BELONGINGS WILL BE AT THE LESSER OF ACTUAL CASH
VALUE (REPLACEMENT COST LESS DEPRECIATION) OR COST. SETTLEMENT OF A REIMBURSABLE CLAIM FOR A DAMAGED ITEM WILL BE AT THE LESSER OF COST OF REPAIR OR ACTUAL CASH
VALUE, OR REPLACEMENT COST. NO AMOUNT SHALL BE PAID IN SETTLEMENT OF A CLAIM WITHOUT PROOF OF THE ACTUAL CASH VALUE OR REPAIR COST, AS APPROPRIATE, ARISING FROM
THE LOSS OR DAMAGE. THE PROOF MUST BE SENT TO AND RECEIVED BY CARRIER.
8. LIMITS OF CARRIER’S LIABILITY FOR ILLNESS, INJURY OR DEATH; ACTS BEYOND CARRIER’S CONTROL; INDEPENDENT CONTRACTORS; TIME LIMITS FOR CLAIMS AND SUITS:
(a) LIMITATIONS OF LIABILITY FOR ILLNESS, INJURY OR DEATH UNDER APPLICABLE CONVENTIONS:
(i) FOR CRUISES ON THE RHINE AND ITS ADJACENT RIVERS, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT FOR
DEATH, ILLNESS AND/OR PERSONAL INJURY AS PROVIDED UNDER THE STRASBOURG CONVENTION ON THE LIMITATIONS OF LIABILITY OF OWNERS OF INLAND NAVIGATION
VESSELS, (2012) (“CLNI”) AS ADOPTED BY SWITZERLAND. THE CLNI LIMITS CARRIER’S LIABILITY TO 60,000 UNITS OF ACCOUNT OR SPECIAL DRAWING RIGHTS, “SDR’S” AS
DEFINED BY THE INTERNATIONAL MONETARY FUND (APPROXIMATELY $83,000 U.S. DOLLARS, WHICH FLUCTUATES DEPENDING ON A DAILY EXCHANGE RATE AS MAY BE FOUND AT
WWW.IMF.ORG) MULTIPLIED BY THE NUMBER OF PASSENGERS THE SHIP ACCORDING TO ITS CERTIFICATE IS ALLOWED TO CARRY, NOT TO EXCEED IN ANY EVENT MORE THAN 12
MILLION UNITS OF ACCOUNT TO APPLY TO THE AGGREGATE OF ALL CLAIMS ARISING AGAINST CARRIER OUT OF AN OCCURRENCE.
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