3. LIMITATIONS OF OUR LIABILITY
Except as otherwise expressly provided herein, for the purposes of the defenses, limitations of liability and rights of Company set forth in this Passenger Agreement only, “Company” also includes any vessel used in your tour (or any substituted vessel) whether owned or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires.
Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour, Small Ship or River Cruise.
a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
b) In connection with your cruise, Company shall not be liable for any tours, activities, products or services, other than aboard Company’s vessels and tenders, provided in connection with, before, after or during your cruise, including but not limited to pre and post cruise activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, aircraft, or other conveyance, including, but not limited to, air travel to and from the vessel which are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Company’s supervision or control. Company accepts no liability for any loss, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations of any excursion, service or transportation.
c) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
d) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, outbreaks of communicable disease (including but not limited to epidemics and pandemics), governmental travel restrictions due to any cause, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.
f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss of or damage to such items when presented to Company in breach of this warranty. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel aboard a cruise shall be considered independent contractors who work directly for the passenger.
h) In connection with your cruise, Company shall not be liable to the passenger for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such attributable to passenger’s physical injury or as the result of passenger having been at actual risk of immediate physical injury proximately on cruises where the passenger commences the cruise by embarkation or disembarks at the end of the cruise in a port of a European Union Member State, Company shall be entitled to limit its liability under EU Regulation 392/2009 for personal injury or death of a passenger to no more than 400,000 Special Drawing Rights (“SDR”) (approximately $531,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal).
i) In addition to all the restrictions and exemptions from liability provided in this Passenger Agreement, Company shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 30511. Nothing contained in this Passenger Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America (including but not limited to the Death on the High Seas Act, Title 46 of the United States Code, sections 30301 through 30308), or the statutes or laws of or any other country; or any international convention providing for release from, or limitation of, liability.
j) Some tours include countries with required visas. Company is not responsible any visa fees, handling costs, or postage that may be incurred, should there be any visa requirements for a visited country or should the visa requirements previously outlined change. In addition, the Company not responsible for delays, damages, or loss of documents resulting from the actions of any embassy, consulate, or mail service.
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