Miami Groove Cruise Participant’s Agreement
The 2015 Miami Groove Cruise is non-refundable once purchased. There are no refunds for cancellations, regardless of the reason. The payment of your deposit or any other payment or by attending the Miami Groove Cruise confirms that you accept and agree to these Terms & Conditions including our Cancellation Policies.
This agreement sets forth the terms and conditions under which we, Whet Travel, a Florida Corporation., agree to provide the 2015 Miami Groove Cruise, in return for your payment of the amounts indicated in this agreement. These documents contain important limitations on your rights. These are legally binding documents separate from the ticket contract issued by Norwegian Cruise line. If you make a reservation or payment on behalf of yourself as well as the members of your group, party, or traveling companions, you agree to the Terms & Conditions on behalf of all members of your group or party and all your traveling companions. These terms and conditions are subject to change by us at any time after written notice of the change.
2015 MIAMI GROOVE CRUISE ITINERARY
Dates: January 28, 2015 to February 1, 2015
Ship: Norwegian Pearl
Date Port of Call Arrive Depart
Wednesday January 28, 2015 Miami, FL 12:00 PM* 4:00 PM
Thursday January 29, 2015 Great Stirrup Cay, Bahamas 8:00 AM 6:00 PM
Friday January 30, 2015 At Sea
Saturday January 31, 2015 Great Stirrup Cay, Bahamas 8:00 AM 6:00 PM
Sunday February 1, 2015 Miami, FL 8:00 AM**
*Flights should arrive on Wednesday by 12:00 PM. Be onboard by 2:00 PM!
**Flights should depart on Sunday after 12:00 PM.
Itinerary is subject to change without notice at the discretion of Norwegian Cruise Line, Whet Travel and/or the Miami Groove Cruise.
The minimum age for 2015 Miami Groove Cruise is 21!
PAYMENT SCHEDULE & PAYMENT PLANS
There are three payment plans available for Miami Groove Cruise Captains! The date you make your reservation will ultimately determine your total deposit due at the time of booking and the subsequent payment dates
Pay In Full
You may pay in full at the time of booking. No additional payments will be needed, unless you modify your reservation by upgrading/changing your stateroom or by adding additional cabin mates.
New reservations made through May 9, 2014 which are paid in full within 72 hours of booking will receive a 5% discount off the cabin fare. This discount is available to guests on a per person basis, and only valid for bookings made through May 9, 2014. If you made your reservations online, your discount will be applied and refunded to your credit card on file within 72 hours after your reservation is paid and confirmed.
Monthly Payment Plan
• $200 per person deposit is due at the time of booking for all Interior, Ocean view and Balcony cabins. $400 is due for single occupancy cabins.
• $500 per person deposit is due at the time of booking for Suites. $1000 deposit is due for single-occupancy suites.
• $1000 per person deposit is due at the time of booking HAVEN Suites. $2000 deposit is due for single occupancy suites.
Your remaining cabin balance will be split into equal monthly payments beginning the first of the month after your initial deposit is paid, with final balance due no later than November 1, 2014.
Your monthly payment will be automatically charged to your credit card on file. If you need to make any changes to your payment plan dates, or credit card, please contact us at 877-438-9438 or email firstname.lastname@example.org prior to your due date.
Deposit + 50/50 Plan
Through August 19, 2014
• $200 per person deposit is due at the time of booking for all Interior, Oceanview and Balcony cabins. $400 is due for single occupancy cabins.
• $500 per person deposit is due at the time of booking for Suites. $1000 deposit is due for single-occupancy suites.
• $1000 per person deposit is due at the time of booking HAVEN Suites. $2000 deposit is due for single occupancy suites.
August 20, 2014
50% of your remaining cabin balance is due
October 29, 2014
Full remaining cabin balance is due from all guests with prior reservations.
Your payments will be automatically charged to your credit card on file. If you need to make any changes to your payment plan dates, or credit card, please contact Whet prior to your due date.
To change your payment plan options:
1. Email CaptainSupport@whettravel.com
2. Call Whet Travel at 877-438-9438
To change your credit card number on file:
1. Login to your Whet Travel account: https://booking.whettravel.com/Booking/
2. Call Whet Travel at 877-438-9438
Minimum Payments & Declined Credit Card Fees
A Minimum fee of $10.00 per person for monthly payment plan or $50.00 per person (for 50/50 plan) will be added to your reservation if your credit card on file is declined and your payment is not received by your due dates listed on your invoice. If your reservation is still unpaid 2 weeks after our final payment date, your reservation will be cancelled without refund.
All new guest reservations made on or after August 20, 2014.
A minimum deposit of 50% will be due at the time of booking. Full payment will be due by October 29, 2014. Payment plan s may be available by calling Whet Travel at 877-438-9438 for assistance.
All new guest reservations made after October 29, 2014.
A minimum 50% deposit will be required at time of booking, and must be paid in full within 30 days of the booking or 30 days before the departure date (December 28, 2014), whichever comes first. Cabins not paid in full by the required due date will be cancelled without refund.
All cabin reservations made within 30 days from the departure date (December 28, 2014) must be paid in full at the time of the reservation.
THIRD PARTY CREDIT CARD PAYMENTS
We only accept third party credit card payments (from a person not attending the cruise) when a Third Party Credit Card Authorization Form is signed by the card holder. Pls click here to fill out and sign the third party credit card form within 48 hours.
NAME & CABIN CHANGE FEES
The guest who place a reservation for a cabin onboard the Miami Groove Cruise will be considered that cabin’s “Lead Guest” and is the “owner” of the reservation. The Lead Guest is therefore solely responsible for initiating or authorizing changes to the reservation, and must agree in writing to any changes made to the reservation, by emailing email@example.com
The Lead Guest is not allowed to change their name within the reservation. At least one “original” and/or lead guest name must remain on the reservation. If all original guests cancel, this is considered a full cancellation without refund, and name changes will not be allowed. An original name is one that has been added to your reservation at the time of your initial deposit or payment.
Name changes can be made up until 30 days prior to sailing (if allowed by the cruise line), and will be assessed a $50 administrative fee per person/per name change through December 28, 2014.
All name changes on or after December 28, 2014 will be assessed a $100 administrative fee per person/per change.
In all cases of name changes, the NEW guest must make full payment. Once that payment has been made, then the applicable amounts paid by the ORIGINAL guest will be refunded directly to the original guest, less the cost of the name change fee.
All guest CABIN NUMBER changes can be made up until 30 days prior to sailing (if allowed by the cruise line), and will be assessed a $50 administrative fee per person/per cabin number change through December 28, 2014.
All cabin number changes on or after December 28, 2014, will be assessed a $100 administrative fee per person, per change.
Your cabin number is subject to change without notice at the discretion of the cruise line.
Cabin Occupancy Changes
Rates are based on the number of people in your cabin. Changes in occupancy will result in a rate increase or decrease depending on the type of change.
No changes of any kind (name or cabin) will be accepted within one week of sailing.
2015 MIAMI GROOVE CRUISE CANCELLATION POLICIES
ALL DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE!
Because of the nature of this event, we have strict cancellation polices. There are NO exceptions to our cancellation policies, regardless of the reason. We strongly recommend the purchase of travel insurance!
Cancelling your Miami Groove Cruise
All cancellation requests must be submitted in writing. Please email firstname.lastname@example.org to cancel your reservations.
Whet Travel and Miami Groove Cruise cancellation and payment policies supersede that of Norwegian Cruise Lines, and any Norwegian Cruise line staff information or website payment or cancellation terms are invalid.
TRAVEL GUARD TRAVEL INSURANCE
Because of the nature and uniqueness of this event, we have strict cancellation policies. Miami Groove Cruise and Whet Travel highly recommend the purchase of travel insurance to protect you against financial loss due non-refundable costs and fees due to unexpected cancellations and travel emergencies.
Travel insurance also protects you against emergencies while traveling, such as trip interruption, trip delay, missed/canceled flights, lost or stolen baggage/personal items, illness/injury and much more. Miami Groove Cruise, Whet Travel and Travel Guard also offer an additional Cancel for Any Reason policy that must be purchased with your initial payment or deposit. If you have to cancel for a non-covered reason, the Cancel for Any Reason option will reimburse you 50% of your non-refundable costs (covered reasons will receive a 100% refund.
In the event of cancellation, you must first contact Whet Travel in writing by sending an email to email@example.com. Then, you must contact Travel Guard directly to submit a claim and request a refund.
To review our policy benefits, please click here: Travel Guard Travel Insurance
Did you know travel insurance covers you for the following reasons:
• Sickness, Injury, Death
• Inclement Weather
• Uninhabitable residence or destruction
• Military Service
• Unforeseen strikes
• July duty, subpoena, hijacking, quarantine
• Involuntary termination or layoff (after 1 year of employment)
• Terrorist incident
• Work-related reasons
For questions and to purchase travel insurance, please call Whet Travel at 877-438-9438 or email firstname.lastname@example.org.
NORWEGIAN CRUISE LINE SERVICE FEES
Norwegian charges a mandatory, non-refundable service fee to all passengers for tips/gratuities for ship staff. This is not included in your cruise fare. A total of $48.00 per person ($12 per guest, per day) will be added to your shipboard account by NCL when you board the ship.
In the event that the cost of fuel increases between now and the time we sail, NCL reserves the right to impose a fuel surcharge of up to $11.00 per person per day. NCL also reserves the right to impose surcharges for government taxes and fees, security, and incidental costs. The surcharges will be added to the passenger’s cabin costs and must be paid in full by the cruise date in order to board the ship. All passengers will be notified via email if such fuel surcharge is added to the cost of your cabin.
Organizers of groups of at least 10 people (5 cabins) can receive discounts. The organizer can also earn money or a free cruise for putting together the group.
Promoter/Affiliate discounts are applicable only if affiliate is registered with Miami Groove Cruise and the discount code is provided at time of booking. Once booked, discount codes will not be changed or added for any reason.
For more information about our Miami Groove Cruise Affiliate Program, please click here:
PASSPORT & LEGAL DOCUMENTATION
Miami Groove Cruise and Whet Travel strongly recommend that all of our guests travel with a passport (valid for at least six months beyond the completion of travel). Having a valid passport will enable you to fly from the U.S. to a foreign port in the event you miss your scheduled embarkation, or to fly back to the U.S. should you need to disembark the ship mid-cruise for any reason.
The Western Hemisphere Travel Initiative (WHTI) stipulates the following information with regards to “closed-loop” cruises, which are sailings that originate and terminate in the same U.S. Port. Please note that this information could change at any time without notice.
U.S. Citizens (including children) taking “closed-loop” cruises will be able to enter or depart the country with either a valid U.S. Passport – or – Proof of citizenship, such as an original or certified copy of his or her birth certificate (or a Consular report of Birth Abroad, or a Certificate of Naturalization), along with government issued photo identification, such as a State issued driver’s license.
Other acceptable forms of identification include:
• U.S. Passport Cards
• Enhanced Driver’s Licenses
• Trusted Traveler Cards (NEXUS, SENTRI, or FAST)
• Military Identification Cards (for members of the U.S. armed forces on official orders)
• U.S. Merchant Mariner Document (for U.S. citizens on official maritime business)
• Enhanced Tribal Card (where available)
Please note: Baptismal papers and hospital certificates of birth are not acceptable. Voter registration cards or Social Security cards are not considered proof of citizenship.
Children: U.S. and Canadian citizen children under age 16 arriving by land or sea from a contiguous territory may present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, a Naturalization Certificate, or a Canadian Citizenship Card.
For more information, a complete list of WHTI-compliant documents or to obtain a passport application, visit here.
U.S. Alien Residents need a valid Alien Resident Card. Non-U.S. citizens need a valid passport and a valid, unexpired U.S. Multiple Re-entry Visa, if applicable.
Non-U.S. Citizens: You will need a valid passport and, in some cases, a visa. If you live in the U.S., you will also need the original copy of your Alien Registration Card (ARC or “Green Card”) and any other documentation the countries on your itinerary require due to your alien status.
If you are not a U.S. Citizen, please contact U.S. Immigrations at 1-800-375-5283 to be sure your identification will be satisfactory for both entry into the U.S., and for the cruise.
Citizens from the Visa Waiver Program countries will require a machine-readable passport valid for the duration of their voyage.
For more information or to obtain a passport application, visit www.travel.state.gov. Passport Services (www.passportservices.com) can also assist with step-by-step instructions and application assistance. 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 Norwegian Cruise Line will strictly enforce this requirement to be in compliance with this important U.S. Government mandate.
Miami Groove Cruise and the other Released Parties (as herein defined) assume no responsibility for advising you of immigration requirements. Non-U.S. citizens, including resident aliens, must contact the appropriate consulates, embassies and/or immigration office(s) to inquire about necessary documentation for the Cruise’s ports of call. Your name, as listed on your travel documents, must exactly match your name as listed on your Cruise documents.
It is YOUR responsibility to make sure you have the proper documents to board the ship. Whet Travel and Miami Groove Cruise are not responsible for denied boarding due to insufficient documents.
Whet Travel and Miami Groove Cruise cancellation and payment policies supersede that of Norwegian Cruise Line s and any Norwegian Cruise Line staff information or website payment or cancellation terms are invalid.
MIAMI GROOVE CRUISE AND WHET TRAVEL’S RATE PROTECTION GUARANTEE
Whet Travel’s Rate Protection Guarantee is: if a lower Whet Travel advertised rate becomes available after the booking is made, a rate adjustment can be requested and Whet Travel will issue the difference in the form of a non-refundable shipboard credit or a credit card refund or mailed check. The lower fare must be for the same ship, sailing date, stateroom category and number of guests, up till the week before sailing. This is designed to provide our guests with complete confidence that the fare they are booking is the lowest Whet Travel rate available and that in the event they find a lower fare later, they need simply submit a rate protection request and we will provide a non-refundable shipboard credit equal to the difference.
NORWEGIAN CRUISE LINE AGE POLICY
Norwegian Cruise Line requires that all passengers be 21 years old (on embarkation day) to travel. Guests under the age of 21 must be accompanied in the same stateroom by a parent or guardian 21 or older. Ages will be verified at embarkation. Passengers not conforming to this policy will be denied boarding and assessed a 100% cancellation penalty. NO exceptions will be made at embarkation. Please note that adult guests are responsible for the safety and behavior of their minor guests.
CANCELLATION BY MIAMI GROOVE CRUISE ARTIST
Whet Travel/ Miami Groove Cruise has entered into an agreement with each performing artist on the Cruise to be present on board the Cruise or in the islands and to perform in accordance with terms specified therein. However, neither Whet Travel Norwegian Cruise Line shall be liable or responsible for failure of any artist or musician to appear on board or to perform under his or her agreement. Further, neither Whet Travel, Miami Groove Cruise or Norwegian Cruise Line shall be liable or responsible for any loss, damage, cost, or expense of any kind to any Passenger or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the vessel (for which the Master shall be the sole judge), breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by governmental authority, illness, death of a family member or other cause or circumstance beyond Whet Travel’s control. In the event of any failure of contracted artists to perform during the cruise, Whet Travel, in its sole discretion, may engage a replacement artist or artists, or may change, postpone or terminate all or any part of the Cruise or the entertainment program or change the program or itinerary. In such case, Whet Travel, shall have no liability to any Passenger for any loss, damage, and cost or expense whatsoever by reason of such change.
CANCELLATION OF MIAMI GROOVE CRUISE BY WHET TRAVELAND/OR NORWEGIAN CRUISE LINE
In the event of strike, lockouts, riots or stoppage of labor from whatever causes, or for any other reason whatsoever beyond the control of Miami Groove Cruise or Whet Travel or Norwegian Cruise Line , Norwegian Cruise Line in its sole discretion may cancel, advance, or postpone any scheduled sailing or call at any port and may (but is not obligated to) substitute another vessel, and neither Norwegian Cruise Line nor Miami Groove Cruise nor Whet Travel shall be liable for any loss whatsoever to passengers by reason of such cancellation, advancement, postponement, or substitution. Thereupon, Whet Travel shall return to you, if the Cruise is completely canceled, your cabin fare, prepaid gratuities, cruise line transfers and related taxes and fees, or, if the Cruise is partially canceled, a proportionate part thereof. Under such circumstances, Miami Groove Cruise and Whet Travel 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.
RIGHT TO CHANGE ITINERARY
Whet Travel and/or Norwegian Cruise Line reserve the right, at any time, to change the cruise itinerary whenever advisable or necessary. In this case, Whet Travel and/or Norwegian Cruise Line will NOT be responsible for any loss or expenses caused by reason of such changes or abandonment. Refunds will NOT be made to passengers who elect not to complete the cruise for any reason or cause whatsoever.
SAFETY WHILE IN PORTS OF CALL AND ONBOARD
You assume sole responsibility for your own safety onboard and in any port of call. Whet Travel and Whet Travel does 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. Whet Travel/Miami Groove Cruise and the other Released Parties assume no responsibility for gathering and/or disseminating any such information. 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. Whet Travel neither supervises nor controls their actions, nor makes any representation, 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 Whet Travel 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.
INNOCULATION & 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 innoculations 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-fourth week) of pregnancy by the time of the Cruise or during the cruise and to infants under four months old. You must notify Whet Travel 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 Whet Travel from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. Whet Travel and Norwegian Cruise Line reserve 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.
REFUSAL OF PASSAGE
Whet Travel acts only as sales and marketing agent for the purpose of booking travel arrangements on Norwegian Cruise Line and various airlines. Whet Travel expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent. Participation on the Cruise may be denied to any person who, in Whet Travel’s or Norwegian Cruise Line 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, Whet Travel and Norwegian Cruise 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. Whet Travel shall have no liability to any such person or any third party arising out of any such decision. Any costs resulting from Whet Travel’s and/or Norwegian Cruise Line’ decision, including, without limitation, costs of lodging and transportation, shall be the responsibility solely of the person.
DECISIONS OF NORWEGIAN CRUISE LINE
You will receive Norwegian Cruise Line Standard Contract of Passage Terms and Conditions (the “Norwegian Cruise Line PASSENGER CONTRACT”) with your Cruise ticket. The Norwegian Cruise Line Contract constitutes your agreement with Norwegian Cruise Line. The Norwegian Cruise Line Contract provide that Norwegian Cruise Line may exercise its rights in a variety of matters, including, without limitation: Its right to alter the ship’s course, ports of call, and itinerary, activity and shore excursions, for reasons set forth therein. Whet Travel 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 Norwegian Cruise Line exercise of any of its rights as provided in the Norwegian Cruise Line Terms. Without limiting the foregoing, the Released Parties such as Whet Travel 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 Norwegian Cruise Line exercise of its contractual rights.
LIQUOR & BEVERAGE POLICY
Guests are prohibited from bringing any alcoholic beverages, non-alcoholic beverages or any food onboard. Alcoholic beverages will not be sold or served to anyone under the age of 21. We reserve the right to refuse the sale of alcoholic beverages to anyone. Alcoholic beverages purchased in the ship’s gift shops or in ports of call will be retained by Norwegian Cruise Line until the end of the voyage.
Each guest may bring onboard a reasonable amount of baggage. All luggage must be stored in the passenger’s cabin. Pets, dangerous or illegal items such as weapons, explosives, combustible substances, non-prescription controlled substances, or illegal drugs may not be brought onboard the ship. Any such items shall be surrendered to security at embarkation and may be disposed of at the sole discretion of Norwegian Cruise Line. All luggage hand-carried or checked, and your person are subject to security inspections that may involve physical search. Curbside porters are available at the pier during embarkation to take luggage to the vessel. Please be sure each piece of luggage is locked and has a tag listing your name, ship, and stateroom number. Norwegian Cruise Line and Whet Travel assume no responsibility for carry-on luggage. Any luggage left at the pier will be forwarded at the guest’s expense. Claims for luggage loss or damage must be made in writing to debarkation personnel prior to leaving the pier area.
Video or audio recording, filming, or photographs may occur onboard the Miami Groove Cruise, which may be owned, licensed, assigned or distributed nationwide and worldwide by Whet Travel, their affiliates and assignees. You hereby allow, waive and authorize Whet Travel, its affiliates, and assignees the right to use your likeness in any manner whatsoever. You will not receive any compensation for such use and waive any right to bring any action in law or equity against allow Whet Travel, their affiliates and assignees for such use.
ZERO TOLERANCE DRUG POLICY
Whet Travel and Norwegian Cruise Line, have a zero tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in 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 Whet Travel and Norwegian Cruise Line shall not be liable for any refund or other compensation or damages.
Unless you are a sponsor, NO VENDING OF ANY KIND IS ALLOWED during the Miami Groove Cruise. For information on sponsoring, please email email@example.com. Please do not make tee shirts, hats, posters, jewelry or anything else to sell while enjoying The Miami Groove Cruise. Anyone found in violation of this policy will have his or her unauthorized merchandise confiscated. This policy will be strictly enforced.
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. You agree to indemnify and reimburse Whet Travel and/or Norwegian Cruise Line in the event that either party, in its sole discretion, to advance to you the cost of emergency medical care, including medical evacuation and/or medical care provided ashore, as well as transportation and/or lodging in connection therewith. Whet Travel shall have no responsibility to advance any such costs.
Your decision to accept a roommate for the Cruise is at your own risk. Whet Travel is not responsible or liable for any and all claims or cause of action arising out of or in connection with your selection of a roommate for the Cruise, including, without limitation, any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such request or selection.
RESPONSIBILITY AND LIMITATION OF LIABILITY
Under these terms and conditions, liability to passengers for damage to or theft of luggage, personal property, delay, and circumstances on board your cruise ship or elsewhere is limited. By booking the Miami Groove Cruise, you (the passenger) agree to release and hold harmless Whet Travel, 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) your request for or selection of a roommate for the Cruise; (3) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances (except when such damages were caused by Whet Travel’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 Whet Travel); (4) any change in scheduled Cruise events and/or celebrity appearances; (5) Norwegian Cruise Line ’s exercise of its contractual rights; or (6) or (if you are entering into this agreement on behalf of yourself and your, group, party, or traveling companions) any claim arising out of their assertion that you were not authorized to agree on their behalf. You further agree that Whet Travel shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Whet Travel, nor for any intentional or negligent acts of Whet Travel’s 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 Whet Travel’s liability shall be limited to the maximum extent permitted by law. You will find on board your cruise ship, independent concessionaires which operate shops, photography, gaming, etc. Whet Travel accepts no responsibility whatsoever for the actions of these independent concessionaires arising from your dealing with them. You must contact and deal or interact with them directly. It is understood and acknowledged that Whet Travel is an outside, independent promoter/travel agency and does not operate the vessel controlled and owned by Norwegian Cruise Line. In consideration of participating and attending the Groove Cruise, you voluntarily assume all risks while onboard the vessel and release Whet Travel of and from any and all liability, actions, causes of action, suits, injury or death, loss or damage of property, claims, attorney’s fees and demands whatsoever that may be sustained by you while onboard the vessel. This release shall be binding upon you, and your heirs, next of kin, executors and personal representatives. Your decision to purchase and pay a deposit for this cruise program constitutes your acknowledgment of and consent to all of the terms and conditions of the brochure and website, including the limitations of liability described in it.
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 Miami Dade County, 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. You agree to present any claims against us within 30 days after the Cruise ends and to file within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. NEITHER PARTY MAY INITIATE OR BE PART OF A CLASS ACTION LAWSUIT OR LEGAL PROCEEDING AGAINST THE OTHER.
All trademarks are the exclusive property of their respective owners. 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 after notice. The details shown are for informational purposes only. The Released Parties are not responsible for any errors, changes and/or omissions resulting in pricing, inventory or content discrepancies.
Passenger acknowledges and confirms that any travel agent utilized by Passenger in connection with the issuance of this ticket is, for all purposes, Passenger’s agent and the Released Parties shall not be liable for any representation made by said travel agent. Passenger shall at all times remain liable to Whet Travel for the price of passage.
In addition to the restrictions and exemptions from liability provided in these Terms and Conditions, Whet Travel shall have the full benefit of any applicable laws providing for limitation and exoneration from liability, and nothing in contained herein is intended to operate to limit or deprive Whet Travel of any such statutory limitation of or exoneration from liability. Without limiting the foregoing, Whet Travel 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 liability 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 contain the entire agreement between Whet Travel and Passenger and supersede any other agreements, written or oral, relating to the subject matter herein. Any waiver of any provision of must be made in writing and signed by an authorized representative of Whet Travel. If any portion of 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.