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. GUEST ACKNOWLEDGES THAT FAILURE TO COMPLY WITH CRUISE LINE’S HEALTH AND SAFETY MEASURES AND ALL APPLICABLE REGULATORY ORDERS MAY BE DENIED BOARDING OR REMOVED FROM THE CRUISE WITHOUT REFUND.
NOTICE: THE ATTENTION OF EACH GUEST IS ESPECIALLY DIRECTED TO SECTION VI 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 2024 LOVE LIKE YOU MEAN IT CRUISE (“Cruise”), each Guest must agree to the terms of both this FamilyLife Agreement and the MSC Terms and Conditions and the MSC Conditions for Carriage (“MSC Standard Booking Terms and Conditions and MSC Conditions of Carraige”). By booking a reservation through FamilyLife for the Cruise, or by acceptance and/or use of the MSC Standard Booking Terms and Conditions or MSC Conditions of Carriage issued by MSC of the person(s) named thereon as Guests, each Guest acknowledges having read, and understands all terms, conditions, and provisions of the MSC Standard Booking Terms and Conditions, MSC Conditions of Carriage, and this FamilyLife Agreement and agrees to be bound thereby. This FamilyLife Agreement contains 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 MSC Standard Booking Terms and Conditions and MSC Conditions of Carriage. BOTH THIS FAMILYLIFE AGREEMENT AND THE MSC STANDARD BOOKING TERMS AND CONDITIONS, AS WELL AS THE MSC CONDITIONS OF CARRIAGE 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 2024 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. MSC controls the Cruise and has established protocol and procedures related to health and safety measures (“Cruise Line’s Health and Safety Measures”), which are available online at https://www.msccruisesusa.com/health-and-safety-measures and are in the MSC Standard Booking Terms and Conditions and MSC Conditions of Carriage described in Section I(A) below). Guest agrees to become familiar with and comply with Cruise Line’s Health and Safety and all applicable government or regulatory orders, which may include, but not be limited to, mandatory SARS-CoV-2/COVID-19 testing, mandatory face coverings, and physical distancing measures while on the Cruise. Guest acknowledges that failure to comply with Cruise Line’s Health and Safety Measures and all applicable regulatory orders may be denied boarding or removed from the Cruise, in which event Guest will not be refunded the amounts paid.
- Terms of the MSC Standard Booking Terms and Conditions and MSC Conditions of Carriage. The terms of the MSC Standard Booking Terms and Conditions are available at: https://www.msccruisesusa.com/-/media/us/documents/Booking-Terms-and-Conditions-220831.pdf?_gl=1*1r1t8gv*_up*MQ..&gclid=CjwKCAiAvK2bBhB8EiwAZUbP1CwcXVaPF4drYk89iZuIZpUJFjLXz6uM4bIcaFYIt-fkx8kyZbv2KhoCjvUQAvD_BwE&gclsrc=aw.ds, as well as the the MSC Conditions of Carriage available at https://www.msccruisesusa.com/-/media/us/documents/Conditions-of-Carriage-FINAL-221115.pdf Please read carefully all the terms of the MSC Standard Booking Terms and Conditions as well as the MSC Conditions of Carriage. By embarking Each Guest must agree to these terms in a manner required by MSC or FamilyLife. The terms relating to the payment or refund of cruise fare and to cancellations by Guest are governed under Sections III and IV of this FamilyLife Agreement.
- 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 above and below. More information can be found in the MSC Standard Booking Terms and Conditions as well as the MSC Conditions of Carriage.
- Who May Sail. MSC Cruise Line’s rules regarding a Guest’s fitness to travel, special needs, pregnancy, and infants are contained in MSC Standard Booking Terms and Conditions, MSC Conditions of Carriage, and the Cruise Line’s Health and Safety Measures. FamilyLife will deny boarding and issue no refunds to Guests not conforming the requirements set forth in the MSC Standard Booking Terms and Conditions and MSC Conditions of Carriage. Guest acknowledges that failure to comply with Cruise Line’s Health and Safety Measures and all applicable regulatory orders may be denied boarding or removed from the Cruise without refund.
- 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 MSC 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.
- MEDIA RELEASE
- 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”).
- 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”).
- 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.
- 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
- Cruise Fare. Rates are per person based on double occupancy and include the six-night Cruise fare, meals onboard ship, entertainment, and all concert activities. All rates contained in this FamilyLife Agreement are in USA Dollars (USD).
- 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 are $297.00 per Guest. Guests in all other types of staterooms will be charged $297.00 per Guest.
- Fee Increases. Taxes, fuel charges, and other Additional Fees are subject to change. In the event MSC 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 MSC.
- 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.).
- Deposits and Booking Fees. Each Guest must pay a deposit in the amount of $150.00 and a booking fee in the amount of $36.00. Refunds of deposits and booking fees are subject to the terms and schedule contained in Section IV-C.
- 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.
- 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
- Authorization to Change Bookings. Any changes in bookings may be made only by the person making the reservation (the “Lead Guest”).
- Schedule of Booking Change Fees. For booking changes, the following additional fees apply:
Change of stateroom occupant(s)
$150.00 per person
Adding a Guest to existing reservation
$100.00 + cruise fare and all Additional Fees
Correction to name spelling
$50.00 per correction
Cabin change (Guest moves from one cabin to another)
$100.00 per change
No change of stateroom occupants will be allowed 30 days prior to sailing.
- 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)
From day 1-15 of reservation date
$36.00 booking fee
From day 16 of reservation date through May 31, 2023
$36.00 booking fee +$150.00 deposit
From June 1, 2023 to August 31, 2023
25% cruise fare + 100% all Additional Fees
From September 1, 2023 to December 7, 2023
50% cruise fare + 100% of all Additional Fees
From December 8, 2023 to Cruise Embarkation
100% cruise fare + 100% of all Additional Fees
- 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 V-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
- 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.
- Vessel Operation and Services. MSC 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. Guest understand luggage is subject to being searched by MSC, and MSC has a zero tolerance policy for illegal substances, firearms, dangerous goods and animals. Each Guest agrees that FamilyLife has no liability related to such services. For more information, please consult the MSC Standard Booking Terms and Conditions as well as the MSC Conditions of Carriage.
- 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.
- 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.
- 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, as well as any harm (such as, but not limited to sickness, illness, death, financial loss, cost of quarantining, travel costs, etc.) as a result of, or from exposure to SARS-CoV-2/COVID-19 (collectively, “Risks”). Each Guest is fully aware of the Risks inherent in participating in the Cruise. Each Guest voluntarily assumes all Risks that may be sustained by the Guest while participating in the Cruise. Guests are encouraged to consult their own personal physician to understand advisability of travel.
- 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 injury; or (ii) when such damages are held to be intentionally inflicted by FamilyLife.
- Time Limits for Claims. FAMILYLIFE SHALL NOT BE LIABLE FOR ANY CLAIMS WHATSOEVER FOR PERSONALINJURY, 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.
- Forum Selection. 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.
- 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 CLASSOR REPRESENTATIVE ACTION, AND EACH GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING EACH GUEST TO PARTICIPATE IN A CLASS ACTION.
- 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.
- 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.
- Advanced or Delayed Sailings and Cruise Cancellation. Notwithstanding anything in the MSC Standard Booking Terms and Conditions or the MSC Conditions for Carriage, in the event of strike, lockouts, riots or stoppage of labor from whatever causes (including SARS-CoV-2/COVID-19), or for any other reason whatsoever beyond the control of FamilyLife, Guest understands and agrees that MSC 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 MSC. In the event that MSC delays and/or cancels the Cruise, some or all of the payments may be withheld by MSC and FamilyLife may incur costs, fees, and expenses. FamilyLife will cooperate with Guest to refund fees as refunded funds become available from MSC, subject to the nonrefundable deposits and other charges to FamilyLife. FamilyLife will only be responsible to refund amounts that MSC provides to FamilyLife, and the Parties agree that in no event will FamilyLife be responsible for refunds to Guests beyond what MSC provides to FamilyLife. Guest shall release FamilyLife from any liability due to, or arising out of or relating to refund claims regarding boarding denial or removal, cancellation or postponement of the Cruise due to SARS-CoV-2/COVID-19.
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