Terms & Conditions
Terms and Conditions Glowbal Citizen Entertainment, Inc. (GCE), a company based in the U.S. Virgin Islands, is delighted to introduce the terms and conditions that rule the Utopia Carnival Cruise & Festival (UCC&F) (henceforth, the “Cruise”).
By reserving your place and making a payment for the Cruise, you express your acceptance of these UCC&F Guest Reservation Terms and Conditions (“T&Cs”), representing not only yourself but all other individuals included in your reservation. We strongly urge you to thoroughly examine the critical information below:
AGE REQUIREMENT: All Cruise participants need to be at least 21 years old.
BOOKING ACCOUNTABILITY: The person who books a cabin on the UCC&F will be identified as the “Primary Guest” and will be regarded as the booking’s “owner.” Any additional guests will be registered under the “Primary Guest.” The “Primary Guest” is solely liable for any alterations, including cancellations or modifications to the cruise reservation.
NO REFUND/ CANCELLATION POLICY: 3.1. Once confirmed, all purchases are non-returnable and non-refundable. No refunds will be granted for cancellations, regardless of the cause, and all deposits and payments are non-refundable. To safeguard your investment, we strongly advise you to procure travel insurance from a third-party insurance provider. Travel insurance can be procured here. For those passengers who cannot afford to pay for their cruise in full at the time of purchase, we have a convenient payment plan. This plan will divide your payment into equal monthly installments based on your booking date, with the final balance due no later than April 15, 2024. Monthly payments will be automatically charged to your credit card on the 15th day of each month. Ensuring timely payments is your responsibility, as payment reminders will not be sent.
CHARGEBACKS: 13.1. If you notice a mistake on your GCE financial statement, please contact [email protected] for assistance. Refrain from initiating a chargeback. False debit/credit card chargeback claims could lead to the cancellation of your entire reservation without a refund and may affect your eligibility for future Utopia Carnival Cruise trips. 13.2. By accepting these Terms and Conditions, you acknowledge that Utopia Carnival Cruise & Festival is non-refundable, and you have authorized payments to be taken from your credit card until full payment is received for your cruise reservation. Any payment issues should be resolved directly with GCE. Chargebacks, disputes, retrieval requests, or similar actions filed directly with the bank constitute a breach of contract pursuant to the non-refundable payment terms and may incur a fee of $100 per chargeback.
ONLY PRIMARY GUEST CAN MAKE RESERVATION CHANGES: The “Primary Guest,” who books the cabin for the Utopia Carnival Cruise, is considered the owner of the booking. Only the “Primary Guest” is permitted to initiate or authorize changes to the booking by emailing [email protected]. In case of a name change, the new passenger must agree to continue payments from the previous guest. The departing guest and the replacement guest are mutually responsible for reimbursing any due amounts to each other. Name change fees must be paid directly to GCE. Changing the names of all guests from one room to another as a downgrade is not allowed, as it will be seen as a cancellation of the original booking.
STAY ROOM OCCUPANCY CHANGE RATES: Rates are determined by the number of individuals in your cabin. Changes in occupancy will lead to a rate adjustment, either an increase or decrease, based on the nature of the change.
HEALTH & INOCULATION: All passengers must ensure they are medically and physically prepared for travel. GCE bears no liability if you fail to meet the medical prerequisites for travel. It is advised to consult with your healthcare professional or a Travel Medicine Specialist accredited by the World Health Organization (WHO) for advice on necessary vaccinations for each country you will visit during the Cruise.
VACCINATION REQUIREMENTS AND OTHER RULES: 17.1. The Cruise Line has set protocols and procedures pertaining to public health and safety, which might be revised periodically (“Cruise Line’s Public Health Protocols”). You agree to adhere to these protocols, which may encompass compulsory SARS-CoV-2/COVID-19 testing and/or vaccination requirements. The requirements will be consistent with those typically imposed on Cruise Line’s cruise passengers at such time. 17.2. You also have a duty to comply with all laws, regulations, codes, or ordinances established by any governmental and/or regulatory authority having jurisdiction over the Cruise or the Vessel, including those relating to SARS-CoV-2/COVID-19 or other communicable diseases. If any applicable law, regulation, code, ordinance, guideline, or governmental requirement contradicts the Cruise Line’s Public Health Protocols, you agree to comply with the stricter requirement. Glowbal Citizen Entertainment, Inc. (GCE), a U.S. Virgin Islands company, emphasizes that it does not take responsibility for Covid-19 requirements set by Cruise Lines, travel suppliers, governments, and regulatory agencies periodically. Such requirements may include compulsory vaccinations, health affidavit forms, Covid-19 screenings before departure, during travel, and upon arrival, as well as face coverings or quarantines. It is your sole responsibility to verify your compliance with Covid-19 and other travel-related requirements at your destination and transit points. You must also stay informed about health, safety, security, political stability, and civil unrest conditions at your destination. For the latest rules from Cruise Lines, travel suppliers, or government agencies, please refer to their respective websites, as the rules are subject to constant change. GCE is not accountable for any changes or denial of boarding resulting from failure to comply with these requirements.
TRAVEL DOCUMENTS, PASSPORTS & PROOF OF CITIZENSHIP: 18.1. You are solely responsible for obtaining and ensuring possession of all necessary travel documents, passports, visas, and other documents required for embarkation, disembarkation, and entry to all ports of call and countries. These include valid travel documents such as passports, visas, inoculation certificates, and family legal documents. Failing to possess the necessary documentation may result in denied boarding or entry and could lead to penalties. No refunds will be given to individuals who fail to bring the required travel documents. Please note that all international travel generally requires a valid passport, and visas may be required depending on the destination. Citizens of countries other than the U.S. should consult the embassy or consulate of the destination country for specific entry requirements. 18.2. We strongly advise all passengers to travel with a passport valid for at least six months beyond the completion of travel. A valid passport will facilitate travel from the U.S. to a foreign port in case of missing the scheduled embarkation or to return to the U.S. if disembarking the ship mid-cruise for any reason. 18.3. GCE is not responsible for any delays resulting from incomplete or incorrect travel documents, and GCE and its Suppliers bear no liability in such cases. Failing to possess valid documentation may result in denied boarding or entry, and GCE and travel suppliers are not accountable for any consequences arising from non-compliance with customs regulations or local and national laws.
MODIFICATIONS BY GCE PERFORMERS: GCE has established discrete agreements for performances with each performer for the Utopia Carnival Cruise & Festival (UCC&F), abiding by confidential clauses stipulated therein. Yet, neither GCE nor Cruise Line shall bear responsibility for any artist’s non-appearance or failure to deliver their performance as per their agreement on board. Additionally, both GCE and Cruise Line will not be held accountable for any loss, expense, damage, or cost that any passenger or entity may incur if such performance is impeded due to a Force Majeure Event or any other reason outside GCE’s control. Should a performer fail to perform during the cruise, GCE reserves the right to hire a substitute artist(s), alter, postpone, or halt parts or the entirety of the Cruise or entertainment program, or adapt the program or itinerary. In such scenarios, GCE will not be liable for any losses or expenses that any passenger might incur as a result of such modifications. FORCE MAJEURE: 20.1. In the event of circumstances beyond GCE’s or Cruise Line’s control that force the cancellation of the Cruise—such as an Act of God, a pandemic or epidemic, a breakdown of the Vessel, war, blockades, labor disputes, strikes either on land or at sea, government orders or restrictions, terrorism acts, civil unrest, unfavorable weather conditions, safety considerations, or other Force Majeure Events—GCE’s sole obligation would be to refund all amounts paid by you to GCE for unfulfilled services.
CRUISE DELAY OR CANCELLATION BY GCE AND/OR CRUISE LINE: 21.1. Under circumstances such as a Force Majeure Event or any other factor beyond GCE’s or Cruise Line’s control, either party may, at their sole discretion, call off, advance, reschedule, or delay any planned sailing or port call. They may also replace the vessel, and neither GCE nor Cruise Line will be accountable for any loss that passengers may incur due to such alterations. In such instances, GCE will offer the following choices: 21.1.1. If the Cruise is entirely canceled, you have the option to receive a full refund of your cabin fare, prepaid gratuities, related taxes and fees, upgrades, and add-ons (“Paid Value”), or you may opt for a Future Cruise Credit of the Paid Value for a subsequent USC sailing. Refunds will be issued to the original payment method, and Future Cruise Credits will be stored in your online reservation account. 21.1.2. If the Cruise is partially canceled, you can choose between a partial refund of the Paid Value and a Future Cruise Credit of the Paid Value. 21.1.3. If the Cruise is delayed to a later date or rescheduled, your reservation will be automatically moved to the same cabin category (if applicable) on the rescheduled Cruise. 21.1.4. If you cannot attend the new sailing date due to the Cruise being postponed or rescheduled, a Future Cruise Credit of the Paid Value will be issued. 21.2. Please be advised that rescheduling the Cruise to a later date does not equate to a cancellation. Refunds are only issued in the case of a full or partial cancellation, not when the Cruise is rescheduled. Any refund and/or credit policies are determined by GCE on a case-by-case basis and may be subject to restrictions. GCE will not assume any further liability for damages or compensation beyond these options. 21.3. Please understand that refunds for travel insurance and other travel products (airfare, hotel, car rental) bought in conjunction with the Cruise will depend on the applicable cancellation policies of those product or service providers.
SECURITY ONBOARD AND AT PORTS OF CALL: During the Utopia Carnival Cruise & Festival (UCC&F), you alone are responsible for your safety, both onboard and at any port of call. The UCC&F is organized by Glowbal Citizen Entertainment, Inc. (GCE), a U.S. Virgin Islands company, but it does not guarantee your safety at any time. To stay informed about scheduled ports of call, you may refer to the U.S. Department of State, Centers for Disease Control (CDC), and other governmental and tourist organizations. Note that all services including shore excursions, tours, airline flights, ground transportation, medical services on ship, and onboard concessions (including gift shops, spa, beauty salon, fitness center, golf, art programs, and video/snorkel concession) are operated by independent contractors. GCE does not supervise or control their actions, nor provides any guarantees about their suitability. These services are provided for your convenience, and their usage is completely at your discretion. By using these services, you agree that GCE bears no responsibility and will not be liable for any negligent or intentional acts or omissions, loss, damage, injury, or delay to you or your property associated with these services.
PASSENGERS WITH SPECIAL REQUIREMENTS: 23.1. GCE aims to provide an exceptional vacation experience for all passengers of the UCC&F, irrespective of their disabilities. By booking the Cruise, you guarantee that you and those traveling with you are physically capable of travel at the time of embarkation. Embarkation will be denied to any individual who will be in her third trimester (twenty-seventh week) of pregnancy during the UCC&F or the cruise. Please inform GCE at the time of booking if you or anyone in your group has a disability or medical/physical condition that may require special assistance during the Cruise. Failure to do so will absolve GCE of any liability for loss, damages, or other compensation related to such disability or condition. GCE and Cruise Line reserve the right to request that any passenger who is not self-sufficient be accompanied by a responsible companion who can provide necessary assistance during the UCC&F and in emergencies. 23.2. To allow GCE and the Suppliers sufficient time to accommodate your needs, if you have special needs or require special medical care, equipment, accommodations, a sign interpreter, or a service animal, please inform GCE at the time of your first booking and no later than 60 days before the UCC&F. Please complete and send GCE the Guest Special Needs Form, available upon request and on GCE’s website. If GCE does not receive this information in advance, we will make reasonable efforts to notify the Suppliers and provide the requested accommodations, equipment, or services, but their availability cannot be guaranteed. While GCE does not require a detailed account of your disability, the more information you can provide and the sooner you do so, the better we can accommodate you.
TRAVEL DENIAL: As a booking agent responsible solely for marketing and sales related to travel reservations on Cruise Line and various airlines for the UCC&F, GCE explicitly rejects any accountability for personal injuries, property losses, delays, inconveniences, or any other issues arising from negligence, wrongful actions, mistakes, or oversights by any third party or provider of goods or services or agents chosen by you or your travel representative. An individual may be prohibited from participating in the UCC&F if GCE or the [cruise line], at their exclusive discretion, determines that: (1) the individual is or becomes unfit to travel; (2) the individual is disruptive or a threat to others, or (3) the individual cannot be admitted under the laws of any disembarkation country. Furthermore, GCE and [cruise line] reserve the right to deny travel, disembark, or confine anyone whose mental or physical state or behavior they deem, at their sole discretion, to present a risk to their own well-being or that of others. GCE is not liable to such a person or any third party for any decisions made. Any expenses resulting from the decisions of GCE and/or [cruise line], such as lodging and transport costs, are solely the responsibility of the affected individual.
CRUISE LINE JURISDICTION: After finishing your online check-in, you’ll receive the Cruise Line’s Standard Contract of Passage Terms and Conditions (the “Cruise Line Passenger Contract”) for the UCC&F, arranged by GCE. This Contract embodies your agreement with the Cruise Line, specifying various matters including the Cruise Line’s right to modify the ship’s route, ports of call, schedule, activities, and shore outings as detailed in it. GCE disclaims any liability to you or any third party for any claims or legal actions arising, directly or indirectly, wholly or partially, from the Cruise Line exercising its rights as stated in the Cruise Line Terms. Therefore, GCE is not responsible for providing full or partial refunds of any Cruise fare, accommodation, or transport expenses resulting from the Cruise Line’s contractual rights.
BAGGAGE: Every passenger is allowed to bring a sensible amount of luggage onboard during the UCC&F. All luggage must be stored in the passenger’s cabin. Pets, dangerous or illegal items such as weapons, explosives, flammable materials, non-prescription controlled substances, or illegal drugs are prohibited onboard the ship. Any such items will be handed over to security at boarding and may be disposed of at [cruise line]’s sole discretion. All luggage, whether hand-carried or checked, and your person are subject to security checks that may include a physical search. Porters are available at the pier during boarding to assist with luggage transportation to the ship. Ensure that each piece of luggage is locked and tagged with your name, ship, and cabin number. Neither [cruise line] nor GCE assumes responsibility for hand-carried luggage. Any luggage left at the pier will be forwarded at the owner’s expense. Any claim for lost or damaged luggage must be made in writing to the disembarkation staff prior to leaving the pier area.
CONSENT AND AGREEMENT FOR USE OF PERSONAL ATTRIBUTES: 27.1. Participating in the Utopia Carnival Cruise & Festival (UCC&F), organized by Glowbal Citizen Entertainment, Inc. (GCE), a U.S. Virgin Islands company, means you are aware that promotional, advertising, and publicity materials will be created for UCC&F during your vacation by photographers and video staff. By booking your spot, paying GCE, and entering the ship, plane, hotel, or resort for your UCC&F vacation, you voluntarily agree to your image, name, voice, and likeness captured during your vacation being utilized by UCC&F and/or its assignees, licensees, independent contractors, staff, successors, or related entities (collectively referred to as “UCC&F”). While in these venues, you consent to being filmed and having your voice recorded. UCC&F is under no obligation to utilize your image, name, voice, and likeness, and you will not be compensated. 27.2. As a quid pro quo for UCC&F and the Supplier providing you access to the venues of your UCC&F vacation and the services and amenities offered during your vacation, you grant UCC&F an unrestricted, perpetual, worldwide right to use your photo, image, name, likeness, and voice in any media presently known or developed in the future. This entails the right to authorize and assign your photo, image, name, and likeness for UCC&F’s promotional, advertising, or other legitimate purposes, at UCC&F’s sole discretion. UCC&F may edit, merge with other content, or create derivative materials for commerce, advertisement, sales, publicity, promotional, training, or other purposes without providing you any compensation. UCC&F will retain all rights to any created intellectual property. By accepting this, you forfeit any droit morale rights under the laws of any country and relinquish the rights to adjust, alter, restrict, or deny the use of your photo, video, likeness, and voice. 27.3. This release, assignment of rights, and authorization include all rights under any law, statute, or regulation currently known or developed in the future for the use of the materials, copyrights or trademarks, and/or any other legal or equitable intellectual property right to use or control thereof anywhere in the world. You affirm that you have received sufficient, fair, and adequate consideration for this authorization. 27.4. You agree to absolve UCC&F from any liability during the filming from the moment of arrival and check-in, initial embarkation, all areas of the ship, plane, hotel, or resort, and in all ports and destinations up to and including final disembarkation. This release of liability encompasses any claims and costs that may arise based on the concession of the use of your photo, video, likeness, and voice.
27.5. YOU CONFIRM THAT YOU HAVE REVIEWED THIS CONSENT AND AGREEMENT AND FULLY COMPREHEND ITS CONTENT. YOU ACKNOWLEDGE THAT YOU HAVE THE OPTION TO CONSULT WITH A LEGAL ADVISOR, BUT YOU MAY CHOOSE TO FORGO THAT RIGHT. YOU REALIZE THAT THIS IS A RELEASE, CONSENT, ACKNOWLEDGMENT, AND ASSIGNMENT OF YOUR IMAGE, NAME, VOICE, AND LIKENESS RIGHTS, UNDERSTAND THIS IS A BINDING CONTRACT, AND YOU VOLUNTARILY GRANT THE RIGHTS STATED ABOVE. 27.6. IF YOU WISH NOT TO BE FEATURED IN FUTURE ADVERTISING MATERIALS, YOU MAY REVOKE THIS AGREEMENT IN WRITING UPON ARRIVAL OR ANY TIME PRIOR TO YOUR DEPARTURE FROM THE PROGRAM. AFTER YOUR RETURN, THE RIGHT TO WITHDRAW SHALL BE PERMANENTLY FORFEITED. ABSOLUTE PROHIBITIONS:
28.1. DRUG POLICY: UCC&F and Cruise Line maintain an unwavering prohibition policy concerning the utilization, possession, procurement, or distribution of illicit regulated substances during the UCC&F. Breaching this policy will prompt expulsion from the vessel, and individuals will be surrendered to local law enforcement authorities for suitable legal measures. In such situations, UCC&F and Cruise Line won’t be held responsible for any refund, compensation, or damages. 28.2. AGGRESSIVE BEHAVIOR: UCC&F and Cruise Line uphold a non-negotiable policy concerning threats and violence during the UCC&F. This encompasses oral or physical threats, belligerent behavior, physical assault, or any actions that could be perceived as potentially violent. Threats, violent actions, or any aggression towards passengers or ship staff won’t be tolerated. Infringements of this policy will result in the cancellation of your booking, instant disembarkation, arrest, and/or legal proceedings as suitable. In such instances, UCC&F and Cruise Line will not be held accountable for any refund, compensation, or damages.
28.3. DISCRIMINATION AND SEXUAL HARASSMENT: UCC&F and Cruise Line maintain an uncompromising policy concerning discrimination and sexual harassment during the UCC&F. Discrimination involves all kinds of unwanted behavior based on protected traits, like sexual harassment and sexual violence. Infringements of this policy will lead to the cancellation of your booking, instant disembarkation, arrest, and/or legal proceedings as suitable. In such situations, UCC&F and Cruise Line will not be accountable for any refund, compensation, or damages.
SMOKING POLICY: 29.1. SMOKING IS FORBIDDEN IN PASSENGER CABINS AND ON BALCONIES during the UCC&F. Breaches of this policy will attract a $250 fine for each violation, which will be billed to the passenger’s sail & sign account. Designated smoking zones are available onboard, inclusive of cigar lounges, a part of the nightclub and casino, and a section of the open decks. Passengers are reminded to dispose of cigarettes, cigars, and pipe tobacco appropriately and to never discard them overboard as a fire safety measure. Electronic cigarettes can be used within the passenger’s cabin (excluding balconies) and designated smoking areas during the Utopia Carnival Cruise & Festival (UCC&F), organized by Glowbal Citizen Entertainment, Inc. (GCE), a U.S. Virgin Islands company.
INDEPENDENT OPERATORS: During your UCC&F cruise, you will come across independent operators running stores, photography, gaming, and more. Please note that GCE, an external, independent promoter, does not operate the vessel owned by Cruise Line. By participating in UCC&F, you willingly take on all risks while onboard and absolve UCC&F from any liability, actions, suits, injury or death, loss or damage of property, claims, attorney’s fees, and demands arising from your interactions with these independent operators. This release is obligatory upon you, your heirs, next of kin, executors, and personal representatives. Your decision to buy and pay a deposit for this cruise program indicates your acknowledgment of and agreement to all of the terms and conditions of the brochure and website, including the restrictions of liability described therein.
VENDING POLICY: Vending of any kind is strictly forbidden during the cruise unless you are an authorized UCC&F sponsor or vendor. This encompasses the sale of goods, products, spa services, salon services, and more. For sponsoring information, please email [email protected]. Unauthorized merchandise will be seized, and this policy will be sternly enforced. HEALTHCARE: While on the cruise, you willingly assume all risks related to travel and conveyance. The provision of medical care may be confined or postponed at sea or at port. You accept that sections of the cruise may venture into areas where medical assistance and/or evacuation might not be accessible. Should UCC&F, at its sole discretion, cover the cost of urgent medical aid, including medical evacuation and/or onshore medical treatment, as well as transportation and/or accommodation, you consent to entirely indemnify and reimburse UCC&F and/or Cruise Line. UCC&F has no obligation to prepay any such costs. To safeguard against unexpected medical costs, we strongly advise purchasing travel insurance.
ROOMSHARING SCHEME: Agreeing to share a room with another passenger during the cruise is done at your own risk. UCC&F bears no liability or responsibility for any claims or legal actions that emerge from the assignment of a roommate for the cruise, encompassing any injury or damage to persons or property that might be caused, directly or indirectly, wholly or partly, from such an arrangement. Please be aware that opting for a “Female Share” as a male or vice versa could lead to room reassignment, and UCC&F also reserves the right to cancel the booking if no suitable room shares are available. “PHANTOM GUEST” TICKETS: The vending of “Phantom Guest” tickets is strictly forbidden during UCC&F. If you or an acquaintance require a roommate, you must directly contact UCC&F, and all transactions and payments must be processed through UCC&F.
INTELLECTUAL PROPERTY: All intellectual property rights are the sole property of their respective owners. Information concerning UCC&F, including celebrity involvement and scheduled events, can change without prior notice. The Released Parties hold no liability for inaccuracies, changes, or discrepancies resulting in pricing, inventory, or content inconsistencies.
TRAVEL CONSULTANTS: You recognize and confirm that any travel consultant engaged for the issuance of this ticket acts in the capacity of your agent, and UCC&F will not be held accountable for any commitments made by said travel consultant. You are obligated to pay UCC&F for the cruise’s cost.
RESPONSIBILITY FOR PASSENGER-CAUSED DAMAGES: You will be held responsible and will reimburse UCC&F and Suppliers for any harm to the vessel, transport vehicles, hotel, resort, or any of UCC&F’s or the Suppliers’ property caused directly or indirectly, wholly or partially, by any deliberate or careless act or omission on your part. You will also indemnify UCC&F, Suppliers, and their agents and employees against all liabilities incurred towards any person, USC, or government for any personal injury, death, or property damage caused directly or indirectly, in whole or in part, by any deliberate or careless act or omission on your part. You will also be liable to UCC&F and the Suppliers for any fines or penalties imposed by government authorities due to your failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs, crime, or excise.
RISK RECOGNITION AND LIABILITY WAIVER RELATING TO COMMUNICABLE DISEASES INCLUDING COVID-19 AND OTHER RISKS RISK ACCEPTANCE: 38.1 As a participant in the Utopia Carnival Cruise & Festival (UCC&F), operated by Glowbal Citizen Entertainment, Inc. (GCE), a company registered in the U.S. Virgin Islands, you willingly acknowledge and assume the risks associated with Covid-19, any of its variants, and/or any other transmissible diseases. You make the decision to travel with a comprehensive understanding of current travel advisories and restrictions. HAZARDS AND PERILS: 38.2 The UCC&F includes various perils, hazards, and risks, not limited to: Health risks: physical exertion, dehydration, fatigue, injuries, bacterial infections, and communicable disease transmission. Constraints in medical care: restricted or delayed access to medical treatment at sea or in port. Environmental risks: unsafe or defective conditions, slips, collisions, severe weather conditions, and travel-associated risks. Equipment usage risks: mechanical malfunctions, negligent equipment design, inadequate warnings or instructions, and equipment use beyond your skill level. Interpersonal risks: interaction with sports equipment, objects, or individuals, leading to severe physical injuries. Advisory and behavior risks: negligent advice or unsafe conduct. Cybersecurity risks: privacy invasions, hacking, and technology failure. COVID-19 risks: exposure, infection, and spread, possibly leading to personal injury, illness, or death. Other communicable diseases risks: exposure to disease-causing pathogens. Non-compliance with health protocols: risks associated with disregarding health, safety, and behavior policies related to Covid-19 or any other communicable diseases.
OWNERSHIP OF RISKS: 38.3 You willingly choose to partake in the UCC&F, fully acknowledging the associated risks during the cruise.
RELEASE, WAIVER OF LEGAL ACTION, INDEMNIFICATION: 39.1 In exchange for your participation in UCC&F, you waive any right to sue UCC&F and its personnel, relinquishing any claims, demands, losses, expenses, damage, liability, and responsibility arising from the identified risks and the actions or inactions of UCC&F and its staff. 39.2 You commit to defending, indemnifying, and holding UCC&F harmless from any claims related to the identified risks, including exposure to or spread of Covid-19 during your involvement in UCC&F. This indemnification also includes claims from third parties, like family or household members, who might have been exposed to or infected by Covid-19 due to your participation. 39.3 UCC&F’s liability, if found responsible for any loss or damage relating to your participation in the cruise, is limited to the cruise ticket’s cost.
LIMITATION OF LIABILITY: 40.1 You release UCC&F from claims stemming from injury, death, passenger delay, property damage or loss, emotional distress, changes in scheduled events, exercise of contractual rights, or any claim arising from your assertion to act on behalf of others. 40.2 UCC&F is not vicariously liable for deliberate or negligent acts committed by non-employed personnel or Releasees outside their work scope or off-duty. 40.3 In the event of a breach of the T&Cs, UCC&F may seek injunction relief to prevent further breaches, in addition to other legal remedies. 40.4 If UCC&F is found liable, its liability is limited to the cruise ticket’s cost.
DISPUTE RESOLUTION, GOVERNING LAW & JURISDICTION: 41.1 Any disputes will be governed by U.S. Virgin Islands law, with parties agreeing to private, confidential arbitration in the U.S. Virgin Islands. You renounce the right to participate in class actions. 41.2 Claims will be restricted to actual out-of-pocket costs incurred, with attorney fees excluded, and damages waived. 41.3 Claims against UCC&F must be submitted within 30 days of the cruise’s conclusion, and the statute of limitations is one year.
NO THIRD-PARTY RIGHTS: 42. The T&Cs cannot be enforced by any third party under the Contracts (Rights of Third Parties) Act 2016. CONFIDENTIALITY: 43. You consent to keep the terms of this Agreement confidential, unless required by law. WHOLE AGREEMENT: 44. This Agreement constitutes the full understanding between you and UCC&F and supersedes all other agreements, written or oral, pertaining to the subject matter. Any waiver must be documented and signed by an authorized representative of UCC&F. If any provision is deemed unenforceable, the remaining provisions will remain in effect.