Love Like You Mean It® Marriage Cruise Guest Agreement
IMPORTANT NOTICE TO GUESTS. THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY FAMILYLIFE TO, AND ACCEPTED BY, EACH GUEST, SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW.
NOTICE: THE ATTENTION OF EACH GUEST IS ESPECIALLY DIRECTED TO SECTION V AND ITS SUB- PARAGRAPHS, WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF EACH GUEST TO ASSERT CLAIMS AGAINST FAMILYLIFE, ITS AGENTS AND EMPLOYEES, AND OTHERS, INCLUDING FORUM SELECTION AND TIME FOR FILING CLAIMS.
This FamilyLife Love Like You Mean It® Marriage Cruise Guest Agreement (the “FamilyLife Agreement”), is between the passenger (“Guest” – referencing every ticketed passenger under a registration) and FLTI, an Arkansas nonprofit corporation d/b/a FamilyLife (“FamilyLife”).
PARTICIPATION IN THE CRUISE
In order to participate in the 2020 LOVE LIKE YOU MEAN IT CRUISE (“Cruise”), each Guest must agree to the terms of both this FamilyLife Agreement and the Royal Caribbean Cruise/Cruisetour Resale Ticket Contract (“Royal Caribbean Ticket Contract”). By booking a reservation through FamilyLife for the Cruise, or by acceptance and/or use of the Royal Caribbean Ticket Contract issued by Royal Caribbean of the person(s) named thereon as Guests, each Guest acknowledges having read, and understands all terms, conditions, and provisions of the Royal Caribbean Ticket Contract and this FamilyLife Agreement and agrees to be bound thereby.
This FamilyLife Agreement contain the terms, conditions, and limitations with respect to the Cruise that are in addition to and may go beyond the terms and conditions described in the Royal Caribbean Ticket Contract. BOTH THIS FAMILYLIFE AGREEMENT AND THE ROYAL CARIBBEAN TICKET CONTRACT CONTAIN IMPORTANT LIMITATIONS ON EACH GUEST’S RIGHTS. THEY ARE LEGALLY BINDING CONTRACTS WHICH APPLY TO EVERY TICKETED GUEST AND BECOME EFFECTIVE UPON THE BOOKING OF A RESERVATION FOR THE 2020 LOVE LIKE YOU MEAN IT® CRUISE. All rights, exemptions from liability, defenses and immunities of FamilyLife under this FamilyLife Agreement shall also inure to the benefit of FamilyLife’s employees, servants, agents, independent contractors, and affiliated or related companies, who shall have no liability in tort, in contract or otherwise which is greater than or different from that of FamilyLife.
A. Terms of the Royal Caribbean Cruise Ticket Contract. The terms of the Royal Caribbean Ticket Contract are available at: https://www.royalcaribbean.com/content/dam/royal/resources/pdf/cruise-ti.... Please read carefully all the terms of the Royal Caribbean Ticket Contract. By embarking Each Guest must agree to these terms in a manner required by Royal Caribbean or FamilyLife.
The terms relating to the payment or refund of cruise fare and to cancellations by Guest are governed under Sections II, III, and IV of this FamilyLife Agreement.
B. FamilyLife as Charterer. Each Guest acknowledges and expressly agrees that FamilyLife and its affiliates are acting solely in their capacity as Charterers of the Cruise and that FamilyLife has no right or ability to control or direct the operational or navigational activities of the vessel or crew in any manner whatsoever, whether aboard the ship or ashore, including without limitation: (i) persons furnishing services to the vessel or to the Guests including shore side excursions, personnel, or contractors, embarkation and disembarkation to and from the vessel; and (ii) the condition of the vessel and its equipment.
For Guest’s convenience, FamilyLife has highlighted valuable additional information related to the Cruise in the paragraphs below. More information can be found in the Royal Caribbean Ticket Contract.
C. Who May Sail. Royal Caribbean Cruise Line’s rules regarding a Guest’s fitness to travel, special needs, pregnancy, and infants are contained in the Royal Caribbean Ticket Contract. FamilyLife will deny boarding and issue no refunds to Guests not conforming the requirements set forth in the Royal Caribbean Ticket Contract.
D. Documentation. Proper travel documentation is required at embarkation and throughout the Cruise and is the responsibility of each 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. In accordance with Royal Caribbean requirements, all Guests will be screened to ensure no person who resides in or is a citizen of a country subject to Country-Wide Sanctions or who is on the Specially Designated Nationals and Blocked Persons List (“SDN List”) will be sold or provided a berth.
A. Event Media. Each Guest understands and agrees that FamilyLife, including its affiliates, agents, staff, and others acting on its behalf, has the exclusive right to create photographs, video and/or audio recordings, and other portrayals of the Event and Guests (collectively, “Event Media”).
B. FamilyLife Uses. Each Guest understands and agrees that FamilyLife may, in its sole discretion, use the Event Media in any medium of any nature for any FamilyLife purpose. Specifically, FamilyLife may transcribe, broadcast, perform, stream, distribute, edit, print, sell, license to others for use, and publish the Event Media or portions thereof for purposes of trade, advertising, sales, and publicity in relation to the Event and in any other FamilyLife products or activities, including without limitation radio and television broadcasts; website and social media postings; Event streaming and all-access passes; audio, video, audiovisual, electronic, or print formats; publicity and promotional materials; books and resources; live events, and any other activities or outreaches of FamilyLife or its affiliated organizations (collectively, “FamilyLife Uses”).
C. Guest’s Grant of Rights and Release. Each Guest hereby grants unrestricted permission and release of rights to FamilyLife to include Guest’s name, voice, likeness, image, and biographical facts in the Event Media for any FamilyLife Uses. Guest understands and agrees that this release of rights is granted on a perpetual, worldwide, and royalty-free basis, and Guest shall have no claim to any residual or other compensation.
D. Ownership of Event Media and FamilyLife Uses. Each Guest understands and agrees that FamilyLife will solely own and control all worldwide copyright and intellectual property rights in the Event Media and any FamilyLife Uses of the Event Media, free from any claims by Guests or any person deriving any rights or interest from Guest. To the extent Guest has any rights, Guest hereby assigns to FamilyLife any copyrights or other rights requiring assignment in the Event Media, and Guest waives any moral rights (droit moral) to the Event Media.
CRUISE FARE, DEPOSITS, AND PAYMENT PLANS
A. Cruise Fare. Rates are per person based on double occupancy and include the seven-night Cruise fare, meals onboard ship, entertainment and all concert activities. All rates contained in this FamilyLife Agreement are in USA Dollars (USD).
B. Additional Fees. Each Guest’s port charges, document fees, and gratuities (collectively, “Additional Fees”) are in addition to the Cruise Fare. Port Charges are comprised of U.S. customs fees, international departure taxes, and non-commissionable cruise line charges. Document Fees are comprised of postage, materials, and booking fees related to processing the reservation. Gratuities are prepaid to Guest’s cabin steward, waiter, and busboy. These Additional Fees will be included on Guest’s registration confirmation and on the statement from FamilyLife. The Additional Fees per Guest will be charged as follows: Guests in a suite will be charged $320.00 per Guest; Guests in all other types of staterooms will be charged $297.50 per Guest.
C. Fee Increases. Taxes, fuel charges, and other Additional Fees are subject to change. In the event Royal Caribbean imposes a surcharge related to an increase in port charges, taxes, or fuel costs, FamilyLife will require Guest to pay such surcharge to FamilyLife, and FamilyLife will then pay Royal Caribbean.
D. Other Charges Not Included in Cruise Fare. Guest shall pay separately for transportation costs to and from the Cruise, transfers, optional cancellation insurance, shore excursions, any items of a personal nature such as laundry, telephone calls, and beverages not on the menu (sodas, bottled water, etc.).
E. Deposits and Booking Fees. Each Guest must pay a deposit in the amount of $150.00 and a booking fee in the amount of $26.00. Refunds of deposits and booking fees are subject to the terms and schedule contained in Section IV-B.
F. Payment Plans. Guest may choose to pay for their cabin in full at the time of booking or to use a payment plan. Guests choosing the payment plan option must pay the $150.00 deposit at the time of booking and pay the remaining balance in equal monthly payments by automatic credit card draft. The first payment is charged to the Guest’s credit card one (1) month after the date of booking and continues on approximately the same day of the month until the fare is paid in full. If an automatic payment is unsuccessful after five attempts in five successive days, the payment plan will have failed and the reservation will be subject to cancellation unless reinstated with payment. It is the sole responsibility of the cardholder to contact FamilyLife and restart the agreed upon payment plan. All delinquent payments are payable at that time in order to reinstate the reservation.
G. Credit Card Administrative Fees. FamilyLife will assess the cardholder an administrative fee of $35.00 for each declined charge or changes to the charge plan, as in the case of a Guest requiring that FamilyLife stop payments from occurring on one card and start payments on a different card.
CHANGES IN BOOKINGS
A. Authorization to Change Bookings. Any changes in bookings may be made only by the person making the reservation (the “Lead Guest”).
B. Schedule of Booking Change Fees. For booking changes, the following additional fees apply:
Change of an accompanying Guest in the same cabin $50.00 per person
Change in the Lead Guest (transfer of registration) $100.00
Adding a Guest to existing reservation $100.00 + cruise fare and all Additional Fees
Correction to name spelling within 60 days of sailing $50.00 per correction
Cabin change (Guest moves from one cabin to another) $100.00 per change
Each Guest acknowledges that the following FamilyLife Cancellation Policy supersedes the cancellation policies of the Royal Caribbean Ticket Contract for this Cruise.
A. Cancellation Procedure. To cancel a reservation, Lead Guest must provide written notice to FamilyLife at the following address: FamilyLife, Attn: LOVE LIKE YOU MEAN IT Cancellations, P.O. Box 7111, Little Rock, AR 72223.
B. Cancellation for Failure to Embark. If all Guests under a single reservation fail to appear for embarkation, regardless of the reason, or Guest fails to make the agreed upon payments, the reservation will be subject to cancellation, at FamilyLife’s sole discretion.
C. Schedule of Cancellation Fees. Each Guest expressly acknowledges that because of the special nature of partial and full-ship charters, the additional costs, expenses and damages incurred by FamilyLife related to cancellation by a Guest, re-booking, potential lost revenue, and finding replacements are difficult if not impossible to calculate in advance. In addition, Guest agrees that the cancellation fees shown in the table below (which constitute liquidated damages) are the amounts retained by FamilyLife that represent a fair, reasonable and agreed upon determination of those damages and expenses.
Time of Cancellation Cancellation Fee (CHARGED PER EACH GUEST)
Within 15 days of the date of reservation 100% booking fee
From 15 days of the date of reservation through May 31, 2019 100% booking fee +100% deposit
From June 1, 2019 to August 31, 2019 100% all Additional Fees + 100% deposit + 25% cruise fare
From September 1, 2019 to December 9, 2019 100% all Additional Fees + 100% deposit + 50% cruise fare
From December 10, 2019 to Cruise Embarkation 100% of all Additional Fees + 100% deposit + 100% cruise fare
D. Travel to/from Port of Call. Guest is solely responsible for all travel arrangements and related expenses connected to Guest’s travel to/from the port of call, including but not limited to airline tickets, rental cars, hotel reservations, taxes, change and/or cancellation fees. Guest may, at Guest’s sole discretion and expense, obtain personal travel/cancellation insurance related to travel to/from port of call. To be clear, such travel/cancellation insurance is separate and in addition to the cruise insurance described in Section VI-B.
A. SOS Insurance. SOS insurance is provided for each Guest as part of the Cruise Fare. SOS is an international travel assistance provider that is retained by FamilyLife to aide FamilyLife staff and constituents in the event of need for medical or security information, travel related problems (lost passport, etc.), arranging doctors’ appointments, obtaining medication, and in extreme circumstances evacuations. These terms are subject to the terms of the SOS plan..
B. Cruise Insurance. FamilyLife does not provide cruise travel/cancellation insurance. It is the sole responsibility of each Guest to determine whether to purchase travel/cancellation insurance, and such decision must be made within fourteen (14) days from the date of reservation. As a courtesy, FamilyLife provides information on Travel Guard insurance but Guest’s selection of cruise insurance provider and any costs associated with such insurance are the sole responsibility of the Guest. Insurance provider will bill Guest directly.
LIMITATIONS OF LIABILITY
A. Limitations of FamilyLife’s Liability. The following limitations of FamilyLife’s liability apply to each Guest’s entire Cruise voyage, including port of call excursions.
1.Vessel Operation and Services. Royal Caribbean Cruise Lines is responsible for the provision of Cruise services in the operation of the vessel, including but not limited to luggage, food and guest room services. Each Guest agrees that FamilyLife has no liability related to such services.
2.Vicarious Liability. In consideration for Cruise Fare paid, each Guest agrees that FamilyLife shall not be held vicariously liable for the intentional or negligent acts or omissions of any persons not employed by FamilyLife nor for any intentional or negligent acts or omissions of FamilyLife’s employees committed while off duty or outside the course and scope of their employment.
3. Recreational Activities. Each Guest agrees that FamilyLife shall have no liability as a consequence of a Guest’s use of ship’s athletic or recreational equipment or as a consequence of Guest’s decision to participate in any athletic or recreational activity or event, or Guest’s participation in port of call excursions.
4. Risks. Each Guest agrees that participation in the Cruise poses risks of loss, damage, or injury, including but not limited to the following: sickness, illness (whether caused by biological agents or otherwise); damage or theft of personal property; crime; kidnapping; arrest; death; political instability; governmental opposition to mission activities; and other similar or dissimilar hazards (collectively, “Risks”). Each Guest is fully aware of the Risks inherent in participating in the Cruise. Each Guest voluntarily assumes all Risks that may by sustained by the Guest while participating in the Cruise.
5. Emotional Distress. Each Guest agrees that FamilyLife shall not be liable to any Guest for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when: (i) such damages are caused by the negligence of FamilyLife and resulted from the same Guest sustaining actual physical injury, or having been at risk of actual physical Cinjury; or (ii) when such damages are held to be intentionally inflicted by FamilyLife.
B.Time Limits for Claims. FAMILYLIFE SHALL NOT BE LIABLE FOR ANY CLAIMS WHATSOEVER FOR PERSONAL INJURY, ILLNESS OR DEATH OF THE GUEST, UNLESS FULL PARTICULARS IN WRITING ARE GIVEN TO FAMILYLIFE WITHIN SIX (6) MONTHS OF THE INJURY, EVENT, ILLNESS OR DEATH GIVING RISE TO THE CLAIM. SUIT TO RECOVER ON ANY SUCH CLAIM SHALL NOT BE MAINTAINABLE UNLESS FILED WITHIN ONE (1) YEAR AFTER THE DATE OF THE INJURY, EVENT, ILLNESS OR DEATH, AND UNLESS SERVED ON FAMILYLIFE WITHIN 120 DAYS AFTER FILING. GUEST EXPRESSLY WAIVES ALL OTHER POTENTIALLY APPLICABLE STATE OR FEDERAL LIMITATIONS PERIODS.
C. Forum Selection. EXCEPT AS DETAILED IN SECTION 10 (b) OF THE ROYAL CARIBBEAN TICKET CONTRACT WITH REGARD TO CLAIMS OTHER THAN FOR PERSONAL INJURY, EACH GUEST AND FAMILYLIFE AGREE THAT ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS CONTRACT OF THE FAMILYLIFE CRUISE, INCLUDING TRAVEL TO AND FROM THE VESSEL, SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN MIAMI, OR AS TO THOSE LAWSUITS IN WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN MIAMI-DADE COUNTY, FLORIDA, U.S.A. TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY. FOR CLAIMS DETAILED IN SECTION 10 (b) OF THE ROYAL CARIBBEAN TICKET CONTRACT, THE ARTBITRATION PROCESS DETAILED IN THAT SAME SECTION MUST BE FOLLOWED.
D. Class Action Relief Waiver. EACH GUEST HEREBY AGREES THAT EXCEPT AS PROVIDED IN THE LAST SENTENCE OF THIS PARAGRAPH, EACH GUEST MAY BRING CLAIMS AGAINST CARRIER ONLY IN EACH GUEST'S INDIVIDUAL CAPACITY. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, EACH GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER, VESSEL OR TRANSPORT WHATSOEVER SHALL BE LITIGATED BY EACH GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND EACH GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING EACH GUEST TO PARTICIPATE IN A CLASS ACTION. IF A GUEST’S CLAIM IS SUBJECT TO ARBITRATION AS PROVIDED IN SECTION 10 BELOW, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. EACH GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 10.b OF THE ROYAL CARIBBEAN TICKET AGREEMENT, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
E. Cancellation by Speakers or Artists. In the unlikely event that a speaker, artist or musician is unable to attend on board or to perform during the Cruise, FamilyLife shall not be liable to any Guest for any loss to the Guest or others. FamilyLife shall work to maintain the same level of quality in the program experience and may, at its sole discretion, engage a replacement speaker or artist or musician and/or change, postpone, or terminate any portion of the entertainment program. In such case, FamilyLife shall have no liability to any Guest for any loss, damage or expense whatsoever by reason of such change.
F. Mission Excursions. Each Guest understands and agrees that the limitations of liability under this Section VII of the FamilyLife Agreement apply to Guest’s port of call excursions. Guest may have the opportunity to participate in an optional mission excursion at a scheduled port of call. Each Guest agrees to comply with all FamilyLife requirements for participation in a mission excursion, including but not limited to signing an additional liability release form.
G. Advanced or Delayed Sailings and Cruise Cancellation. Notwithstanding anything in the Royal Caribbean Ticket Contract, in the event of strike, lockouts, riots or stoppage of labor from whatever causes, or for any other reason whatsoever beyond the control of FamilyLife, Guest understands and agrees that Royal Caribbean 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 FamilyLife shall not be liable for any loss, costs, expenses, or damages whatsoever to Guests by reason of such cancellation, advancement, postponement, or substitution by Royal Caribbean. In the event that Royal Caribbean delays and/or cancels the Cruise, some or all of the payments may be withheld by Royal Caribbean and FamilyLife may incur costs, fees, and expenses. FamilyLife will cooperate with Guest to refund fees as refunded funds become available from Royal Caribbean, subject to the nonrefundable deposits and other charges to FamilyLife. FamilyLife will only be responsible to refund amounts that Royal Caribbean provides to FamilyLife, and the Parties agree that in no event will FamilyLife be responsible for refunds to Guests beyond what Royal Caribbean provides to FamilyLife.