WW CRUISE Australia & New Zealand - Terms & Conditions

Transcription

1 WW CRUISE Australia & New Zealand - Terms & Conditions WW Cruise IMPORTANT NOTICE! PLEASE REMEMBER ALL PAYMENTS ARE SUBJECT TO THE CANCELLATION POLICY THE FOLLOWING DOCUMENTS (COLLECTIVELY, THE CONTRACT ) CONTAIN: 1. (A) THE CONTRACT BETWEEN YOU AND MSC CRUISES, (THE MSC CRUISES TERMS AND CONDITIONS AND CONDITIONS OF CARRIAGE ) LOCATED AT Conditions.aspx and Carriage.aspx (B) THE CONTRACT BETWEEN YOU AND DREAMLINES AUSTRALIA PTY LIMITED, OPERATED BY CRUISEAWAY.COM.AU AND THEIR TERMS AND CONDITIONS, LOCATED AT (C) THESE SUPPLEMENTAL TERMS, CONDITIONS AND LIMITATIONS AS BETWEEN YOU AND WW INTERNATIONAL, INC. (THE SUPPLEMENTAL CONTRACT ) WITH RESPECT TO THE CRUISE AS SET FORTH BELOW: THESE DOCUMENTS CONTAIN IMPORTANT LIMITATIONS ON AND/OR TO YOUR RIGHTS AND BOTH THE MSC CRUISES TERMS AND CONDITIONS AND CONDITIONS OF CARRIAGE AND THE SUPPLEMENTAL CONTRACT TOGETHER CONSTITUTE LEGALLY BINDING CONTRACTS BETWEEN YOU AND MSC CRUISES AND BETWEEN YOU AND WW (AS DEFINED BELOW) RESPECTIVELY. PLEASE READ CAREFULLY ALL THE TERMS OF THIS CONTRACT AND RETAIN THEM FOR YOUR FUTURE REFERENCE. OTHER THAN IN RESPECT OF CLAUSE 3 BELOW OF THE SUPPLEMENTAL CONTRACT, IN THE EVENT OF CONFLICT OR INCONSISTENCY BETWEEN THE TERMS OF THE SUPPLEMENTAL CONTRACT AND THE MSC CRUISES TERMS AND CONDITIONS AND CONDITIONS OF CARRIAGE, THE MSC CRUISES TERMS AND CONDITIONS AND CONDITIONS OF CARRIAGE (AS MAY BE AMENDED FROM TIME TO TIME) SHALL PREVAIL.

2 Please note that the terms and conditions of the Supplemental Contract are subject to change at any time. All references to "WW" shall be understood to include WW International, Inc., its subsidiaries and affiliated entities. All references to "MSC to Cruise Line" or to MSC CRUISES shall be understood to mean MSC CRUISES, (USA) INC, and its parent, subsidiaries and affiliated entities. For purposes hereof, each reference to a MSC CRUISES "promotional partner" shall include WW, but in no instance shall the Cruise Line be (or will you reasonably be able to think that the Cruise Line appears to be) a principal or agent of WW; likewise, in no instance shall WW be (or will you reasonably be able to think that WW appears to be) the Cruise Line s principal or agent. You acknowledge and expressly agree that WW and as independent contractors in reselling accommodations aboard this Cruise have no right or ability to control, influence or direct the operational or navigational activities of the vessel or crew (including MSC CRUISES personnel and contractors) in any manner whatsoever, whether aboard the ship or ashore, including without limitation: persons furnishing services to the vessel or to the guests, food and beverage preparation and service, shore side excursions, entertainment, spa and fitness centre activities, embarkation and disembarkation to and from the vessel, conditions of the vessel, its equipment and accommodations (collectively called Cruise Operations ). In consideration of the organizational services provided by WW in planning the WW events and activities on board the Cruise, to the maximum extent permitted by law, you agree to waive, release and hold harmless WW from and against any and all claims you or the other Guests in your reservation group may have arising out of the Cruise Operations. All references to the "Cruise" or to WW WW Cruise or to WW Cruise (or any variation of the event name) shall be understood to refer to the promotional title WW Cruise, which shall take place aboard a MSC CRUISES vessel. All references to "Guest" shall have the same meaning as "Passenger" for purposes of this Supplemental Contract and shall include each person listed on a MSC CRUISES Terms and Conditions and Conditions of Carriage and each person, other than MSC CRUISES personnel, and WW Cruise employees or staff, who embarks on the Cruise or attends any Cruise or Cruise related event, whether or not listed on a MSC CRUISES Terms and Conditions and Conditions of Carriage. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine as context requires. Each Guest s reservation for WW Cruise, acceptance and/or use of the MSC CRUISES Terms and Conditions and Conditions of Carriage, embarkation on the Cruise, and attendance at any Cruise event constitute the acceptance of and agreement to this Contract including the MSC

3 CRUISES Terms and Conditions and Conditions of Carriage and the Supplemental Contract. By purchasing or accepting the MSC CRUISES Terms and Conditions and Conditions of Carriage you represent to and for the benefit of WW and MSC CRUISES that you are authorized by all Guests named in your reservation group, including each minor, if any, to accept and agree on behalf of each such Guest to be bound by all the Terms and Conditions of this Contract, which are set forth or incorporated herein by reference; to the maximum extent permitted by law, you further hereby agree to indemnify and hold WW harmless from any and all third party claims that arise or may arise out of the acceptance of this Contract including the MSC CRUISES Terms and Conditions and Conditions of Carriage and Supplemental Contract. This Contract is not transferrable and you may not sell or assign it. It is valid only on the vessel and for the voyage and event in which you embark. The terms, conditions and limitations herein shall apply to any and all disputes between you and WW regardless whether arising aboard the vessel or in any other place, location or any mode of transportation whatsoever. All rights, defenses, disclaimers and limitations of liability set forth herein shall inure to the benefit of WW. Neither WW, nor any of their respective employees have any authority to change, modify, alter or suspend any of the provisions of the Contract between the Guest and MSC CRUISES which shall govern the relationship between Guest and MSC CRUISES exclusively. WW SUPPLEMENTAL TERMS AND CONDITIONS The following Supplemental Terms and Conditions are incorporated herein and made a part of the Supplemental Contract between each Guest and WW. Each reservation or acceptance or utilization of the MSC CRUISES Terms and Conditions and Conditions of Carriage or embarkation on the Cruise or attendance at any Cruise related event constitutes agreement with and acceptance of the following Supplemental Terms and Conditions, in addition to the terms and conditions of the MSC CRUISES Terms and Conditions and Conditions of Carriage: 1. Nature of the Cruise WW Cruises are promotional cruises featuring a WW theme with branding, signage and other WW themed events. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular event on any particular date to be performed by any particular person and Guest agree that Guest is simply purchasing a berth or berths on board a specific vessel during a specific period of time in a specific cabin on board the vessel during the Cruise.

4 WW, through its travel agency partner CruiseAway by Dreamlines, is just facilitating the sale of Guest accommodations subject to the terms and conditions set forth in this Agreement that it purchased from the Cruise Line. Included in such purchase price, but ancillary thereto, is a WW themed-cruise. While efforts are made to avoid conflicting events, WW cannot guarantee that any Guest will be able to attend every event aboard the Cruise. Please note: MSC CRUISES does not guarantee that the Cruise ship will call at every advertised port or follow any particular route or time schedule. The Captain of the vessel and the Cruise Line shall have an absolute right to change or substitute the advertised schedule, ports, itinerary or route, or substitute other ships, without notice. 2. Pricing and Payments WW reserves the right to increase published prices without notice. In the event of an increase, only new reservations will be affected. Any reservations made prior to the fare increase will be protected at the rate they were booked. Payment for the Cruise shall be made in Australian Dollars. ALL DEPOSITS AND PAYMENTS ARE SUBJECT TO THE CANCELLATION POLICY SET OUT AT PART 3 BELOW. WW accepts reservations and payments according to two schedules: Package bookings payments in two instalments. 1 deposit, and 1 payment with pending balance. The first deposit payment will be 75% of the total package fare per person and the remaining amount will be due 105 days prior to departure. Cruise only bookings payments in two instalments. 1 deposit, and 1 payment with pending balance. The first deposit payment will be $550 per person and the remaining amount will be due 105 days prior to departure. The individual making the reservation for WW Cruise is considered the Lead Passenger in whose name the reservation is held. The consideration for the cruise shall be deemed to be earned when paid and is subject to the cancellation policy set out at Part 3 below. Full payment of the Package Purchase Price includes the accommodations on the Cruise, all WW meals, WW programming, entertainment and services normally provided to guests on a regular cruise. The Package Purchase Price also includes pre-sailing and post-sailing accommodation, air transportation, and ground transportation to and from the Vessel.

5 The Cruise Only Purchase Price does not include pre-sailing and postsailing accommodation, air transportation, and ground transportation to and from the Vessel. The Package Purchase Price and the Cruise Only Purchase prices do not include other items aboard the Vessel, including but not limited to Casino and Bingo, Beverage Sales (unless part of a cabin package); Shore Excursions sold to guests on the Cruise (whether the shore excursion is offered by the Cruise Line or a third party); Onboard Gift Shops & Retail Stores; Internet Services; Hair/Beauty/Spa Products & Services sold to guests on the Cruise; Art Auctions; Specialty Restaurants and other food and beverage venues; Telephone; Photo Products & Services; and Laundry / Dry Cleaning Services; or cancellation insurance. Gratuities are additional, and different for each itinerary, and are subject to change. MSC CRUISES has the right to pass on a fuel surcharge to guests without prior notice. 3.Changes, Transfers and Cancellation Terms and conditions set forth in this paragraph supersede MSC CRUISES s policies. WW RECOMMENDS (but does not require) that each Guest purchase travel insurance for the Cruise, and makes enquiries of their insurer to ensure that their policy includes reimbursement for cancellation fees. Because of the nature and uniqueness of WW Cruise, there is a strict cancellation policy and cancellation fees apply. You can find more details about travel insurance at All changes, transfers or cancellations may be made only by the Lead Passenger. Only the Lead Passenger, in whose name the reservation is held, may change the name of any accompanying passenger in the same stateroom once without charge prior to the final payment date. Any other reservation changes, subsequent changes to the name of any accompanying passengers in the same stateroom, or any change from 89 days to 1 day before sailing, will be subject to a minimum $ administrative fee before the change is affected. Any changes requested to new bookings made after the final payment date has passed will be subject to the same administrative fees. Any changes to a reservation that involves changing, adding, or removing existing guests or upgrading the value of the stateroom to a higher priced stateroom can only be requested by the Lead Passenger.

6 Once booked and deposited and/or paid for, downgrading your stateroom to a stateroom of lesser value is not allowed. CANCELLATION The Lead Passenger may cancel a booking at any time by making a cancellation request in writing to CruiseAway. CruiseAway will charge a $200 per person cancellation fee, plus any costs or cancellation penalties charged by suppliers to the maximum extent permitted by law i.e. cruise lines including MSC CRUISES, hotels and airlines, as applicable. Please look to the MSC CRUISES cancellation policy for details of cancellation charges which vary depending on timeframe of cancellation: Refunds may take up to 12 weeks to process. PLEASE READ CAREFULLY: MSC CRUISES has reserved, in the MSC CRUISES Terms and Conditions and Conditions of Carriage, the right to cancel the Cruise or change the ports of call for any reason, (including but not limited to weather conditions, mechanical problems, vessel traffic, government intervention, and force majeure circumstances), prior to or at the port of embarkation or at any time during the voyage. No refund will be issued by WW if a guest voluntarily or involuntarily does not show up for their cruise, is denied boarding for any reason including failure to possess required travel documents, passport or visa or terminates his/her cruise in progress. To the maximum extent permitted by law, no refund will be issued by WW if MSC Cruises changes the ports of call in accordance with the MSC CRUISES Terms and Conditions and Conditions of Carriage for any reason. If the Cruise is cancelled completely prior to embarkation, please refer to the MSC refund and cancellation policy found here: To the fullest extent permitted by law, WW shall have no liability for damages or compensation of any kind for either changes to the ports of call or cancellation of the Cruise, and SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING THEREFROM. Nothing in these Terms and Conditions shall be taken as an exclusion or modification of any rights you may have pursuant to the Australian Competition and Consumer Act 2010 (Cth), the operation of which cannot

7 by law be excluded, restricted or modified. In case of breach of such a term or provision, our liability shall be limited to the amount of money representing the cost of providing the services to you again. The Cancellation Policy: ALL BOOKINGS ARE SUBJECT TO THE MSC CANCELLATION POLICY FOUND HERE: Conditions.aspx AND THE CRUISEAWAY BY DREAMLINES CANCELLATION POLICY FOUND HERE: 5. Breach or Cancellation by Lecturers, Keynote Speakers, or Featured Guests WW may but is not obligated to enter into an agreement with a lecturer, keynote speaker or featured guest on WW Cruise to be present on board the Cruise and to appear or perform in accordance with terms specified therein. However, to the fullest extent permitted by law, WW shall not be liable or responsible for failure of any lecturer, keynote speaker, or featured guest to appear on board or to perform under its agreement including not liable for any consequential damages resulting therefrom. In the event of any failure of contracted lecturers, keynote speakers, or featured guest to appear during the cruise, WW, in their sole discretion, may engage replacement lecturers, keynote speakers, or featured guests, or may change, postpone or terminate all or any part of the Cruise programming or change the program or itinerary. In such case, WW shall have no liability to any Guest for any loss, damage, cost or expense whatsoever by reason of such change to the fullest extent permitted by law. 6. Fitness Waiver Passengers who desire to engage in fitness and movement classes ( Class or Classes ) during the WW Cruise. In consideration of being given the opportunity to participate in the Classes, Passenger hereby agrees to the following terms: 1. Passenger acknowledges and understands that the Classes may require physical exertion and be strenuous. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. Passenger hereby assumes full responsibility for any and all risks of injury, illness or harm caused by or sustained as a result of participation in the Classes and Passenger assumes full responsibility for any losses, costs, and damages Passenger may incur as a result of such participation.

8 2. Passenger understands that it is his/her responsibility to consult with a qualified healthcare professional (as determined by the Passenger) prior to and regarding his/her participation in the Classes. The Passenger represents and warrants that he/she is adequately fit and in good health such that it is safe for Passenger to participate in the Classes. 3. WW disclaims any warranties or representations as to the conditions of the premises in which the Classes are held. 4. To the fullest extent permitted by law, Passenger agrees that participation in Classes is at their own risk and hereby agrees to waive, release, forever discharge and hold harmless WW from any and all liability, actions, causes of action, demands, damages (any illness, death, bodily injury, personal injury or property damage) and claims of every kind or nature, either in law or in equity, which arise or may hereafter arise from the Passenger s attendance at and/or participation in the Classes. 7. Public Performance and WAIVER of Privacy and Intellectual Property Rights WW has the exclusive right to capture and 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, and all rights, title and interest therein (including all worldwide copyrights therein) shall be WW sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger. Additionally, the events taking place on this cruise are being videotaped/recorded for audio and audiovisual programming. By boarding the cruise you hereby irrevocably grant to WW or any of its contractors the right to photograph and record your image and activities, and record your voice. The resulting photographs, videos and recordings ("Content") and all rights therein (including copyrights) shall be owned by WW and may be used by WW in any programming and/or otherwise throughout the world, in any and all media, in perpetuity without restriction and with no obligations or payments to you. You waive any right to inspect or approve the Content. You hereby fully release and waive any right to bring any action in law or equity against WW and its parent and related companies, subsidiaries, affiliates and their past, present, and future officers, agents, representatives, employees, successors and assigns for such use. You acknowledge that you are at least 18 years of age. If you are the parent or legal guardian of a minor(s) under eighteen years of age on the cruise, by bringing the minor(s) you agree and acknowledge that you are granting all of the same rights set forth herein with respect to the minor(s).

9 8. Age Restrictions Passengers must be 18 years of age or older on date ship departs, or accompanied by an adult 18 years of age or over booked in the same or adjoining stateroom. 9. Zero Tolerance Policy WW has a zero tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in immediate disembarkation from the vessel as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases WW shall not be liable for any refund or other compensation or damages. 10. Forum and Notice Residents of Australia If you are a resident of Australia, these Terms & Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms & Conditions shall be filed only in the state or federal courts located in New South Wales and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Residents of New Zealand If you are a resident of New Zealand, these Terms & Conditions shall be governed and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms & Conditions shall be filed in the New Zealand courts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. By booking and participating the WW Cruise, you acknowledge that this is a legally binding agreement and you agree to all the terms herein. 11. BERTHING ASSIGNMENTS, TICKETING DOCUMENTATION ANDTRAVEL DOCUMENTS Guest hereby authorise Dreamlines Australia PTY Ltd operated by CruiseAway.com.au to provide to MSC Cruises the names and addresses of Guests whom electronic tickets are to be issued. CruiseAway shall complete MSC Cruises online registration process on behalf of the guest.

10 Guest hereby accepts and agrees to the Cruise Line s berthing policies. Upon booking you will receive an confirming your stateroom number and booking number for the cruise. This and subsequent s will contain directions for online check in so that you may print your boarding documents for embarkation day, sign up for shore excursions, and register a credit card for onboard purchases. All guests are required to complete this online registration no later than 3 days prior to the cruise. Adults will be responsible for registering the minors in their party. Every guest must be registered with CRUISE LINE before the sailing date. While guests may indicate cabin, location, deck or other preferences on their Booking Form, the Cruise Line and WW, and third party partners cannot guarantee the availability of any specific stateroom, deck or location to a booking. Guests represent and acknowledge that he/she and individuals traveling with Guest are fit for travel and that such travel will not endanger themselves or others. Additionally, Guests understand that CRUISE LINE and/or WW shall have the right to deny boarding for any violations of any of the policies set forth in this Contract without any liability for refund, compensation, loss or damages to the Guest or those traveling with the Guest. Guests must possess all proper travel documentation, including a valid passport, which is required at embarkation and throughout the cruise and is the responsibility of the guest. Any guest traveling without proper documentation will not be allowed to board the vessel and no refund of the cruise fare will be issued. Travel documents (passports) must be valid up to 6 months from the date of disembarkation. The requirements above are for U.S. citizens; non-u.s. nationals may require entry visas in addition to their valid passports. International guests must check visa requirements for each country they are visiting. Guests must have all required inoculations or other requirements as may be necessary to enable them to embark, visit and disembark at the various ports of call and CRUISE LINE reserves the right to deny without penalty or liability the right to board the Vessel to any Guest who does not possess or satisfy the necessary requirements. 12. MISCELLANEOUS If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Supplemental Contract constitutes the complete and exclusive statement of the terms and conditions of the agreement relating to the

11 subject matter hereof and supersedes all prior negotiations, understandings and agreements, whether written or oral, between the parties WW International, Inc. All Rights Reserve