Passengers are advised to read carefully all the terms and conditions set forth below, in particular but not limited to paragraphs 11 (time limitation), 15 (applicability of laws and treaties) and 21 (venue and law), because acceptance and/or use of this Passenger ticket contract constitutes the complete agreement of Passenger to all the terms and conditions of this Passenger ticket contract.

TERMS AND CONDITIONS OF PASSAGE CONTRACT

1. PARTIES. This passenger ticket contract constitutes a Contract of Passage (hereafter “Contract”) between the carrier, LUXEMBOURG SHIPPING SERVICE, S.A (hereafter “Carrier”) and passenger or purchaser (hereafter “Passenger”). The Passenger, by accepting and/or using this contract hereby consents and agrees to all of the terms hereof and acknowledges that he is duly authorized by or on behalf of all passengers for whom this ticket is purchased or who are named on the front page hereof, including children, to also agree on their behalf.

2. CONTRACT NON-TRANSFERABLE / PASSAGE MONEY. This Contract is valid only for the Voyage specified and for the person or persons named on the front hereof, and cannot be transferred or used in connection with another voyage without the Carrier's written consent. The fare paid hereunder shall be considered fully earned by the Carrier at the time of payment, or if not previously paid, at the time of embarkation, and shall not be refunded except as otherwise provided in this Contract. The Carrier reserves the right to increase fares and/or to impose surcharges without prior notice. In such event, Passenger may accept and pay such increase and/or surcharge or may cancel Passenger's reservation in accordance with Section 3 of this Contract. The Carrier shall not be liable to make any refund to Passenger in respect of lost tickets or in respect of tickets wholly or partly not used by Passenger. The Passenger waives the benefit of any statute, law or regulation to the contrary.

3. CANCELLATION. If the Carrier increases fares and/or imposes surcharges pursuant to Section 2, Passenger may cancel his reservation without penalty within (10) days after receiving notice of the increase and/or surcharge. If the Carrier does not increase fares and/or impose surcharges pursuant to Section 2, Passenger may cancel this Contract only as and to the extent permitted in Carrier's brochure in effect at the time Passenger's deposit is received by Carrier. Passenger must submit a written cancellation request to the Carrier. The written cancellation request must be accompanied by Passenger's deposit receipt and/or Passenger's cruise ticket(s), as applicable. Service charges and cancellation penalties will be assessed in accordance with the Carrier's policy in effect at the time the written cancellation notice is received by Carrier. If Passenger's cancellation is not in accordance with the above-stated conditions, a one hundred percent (100%) cancellation fee will be assessed.

4. SERVICES PURCHASED. The fare includes transportation as specified herein, full board and customary ship's food. The fare does not include alcoholic beverages, wine, beer, sodas, mineral waters or any other items of a personal nature.

5. EMBARKATION. Passenger shall board the vessel at least one half hour before departure time or be subject to a one hundred percent (100%) cancellation fee for nonappearance. Passenger assumes all responsibility for obtaining, and shall have in his possession upon embarkation, a valid passport and all visas, travel and health documents required by any governmental authority. Carrier shall have no obligation to transport or to furnish transportation to Passenger upon Passenger's failure to have such travel documents, and shall have the further right to deny boarding to Passenger and shall not be liable to refund Passenger's fare if boarding is denied due to lack of proper documentation.

6. PROHIBITED ITEMS. Passenger is not allowed to bring on board the vessel any animals whatsoever nor intoxicating liquors or beverages, compressed oxygen tanks, firearms, weapons, explosives or ammunition of any kind, inflammable materials or any items of a dangerous nature.

7. BAGGAGE AND PERSONAL PROPERTY. Whenever the term “baggage” is used herein, it shall mean only suitcases, valises, satchels, bags, or bundles and their contents consisting of such personal effects as are necessary and appropriate for the purposes of the voyage and all other such personal property of passenger not in a container. Each piece of baggage must be distinctly labeled with Passenger's name, address, telephone number, vessel name, cabin number and sailing date.

Each Passenger will be allowed ninety (90) kilogrammes of baggage free of charge. Any excess of ninety (90) kilogrammes shall be charged to Passenger at the Carrier's current rate for baggage, payable before embarkation and subject to the right of the Carrier to limit the amount of such excess that may be carried. It is stipulated that the aggregate value of Passenger's baggage under this ticket does not exceed One Hundred Euros (EUR100). Any liability of the Carrier or the vessel for any reason whatsoever with respect to said baggage shall not exceed such sum unless Passenger shall in writing specify its true value and pay to the Carrier, before embarkation, five (5%) on the excess of such value, in which case the Carrier's liability shall be limited to the actual damage sustained up to but not exceeding such specified value. In no event shall the Carrier be liable for loss or damage to money, jewelry, cameras, watches, electronic equipment, medication, documents or other valuables of any kind or description. Valuables may be deposited with the ship's purser; however, the Carrier assumes no liability with respect to such deposited valuables. The Carrier in no event shall be liable for loss or damage to any valuables or other property left in cabins.

8. LIABILITY OF CARRIER. Carrier's responsibility shall never exceed the usual amount of limitation of liability to which Carrier is entitled under applicable law. No warranty is given or shall be implied as to the seaworthiness, fitness, or condition of the vessel or any food, drink, medicine, or provisions supplied on board the vessel. All warranties including warranties of fitness for a particular purpose and merchantability are expressly excluded. In making any arrangements for services or facilities to be provided to Passenger elsewhere than aboard the vessel, such as but not limited to air transportation, hotel accommodations, restaurants, entertainment, shore excursions, tours, buses, taxis or ground transportation and sightseeing companies, it is understood and agreed that the Carrier is acting solely in the capacity of agent for the party or parties providing such services or facilities, and that such party or parties are independent contractors. The Carrier does not own or exercise any supervision or control over these independent contractors and acts only for the purpose of obtaining their services or facilities for the benefit and use of Passenger. Passenger agrees that the Carrier does not assume and shall have no liability or responsibility of any kind or nature for loss or damage to person or property arising as a result of any act, omission or negligence of any of these independent contractors or of any other person providing any services or facilities other than aboard the vessel and Passenger hereby waives any claim against the Carrier for any such loss or damage. If the vessel carries a physician, nurse or any other individual customarily providing personal services for a fee, or if the Carrier requests emergency medical care or emergency medical transportation for Passenger's behalf, it is done solely for the convenience of Passenger and any such person or entity in dealing with Passenger is not and shall not be considered, in any respect whatsoever, as an employee, servant, or agent of the Carrier but shall be considered an independent contractor. The Carrier shall not be liable for any acts or omissions of such persons or entities, or those under the orders of or assisting such persons or entities, with respect to treatment, advice or care of any kind given to Passenger. The cost or charge by any independent contractor for any service performed for or on behalf of Passenger shall be the sole responsibility of Passenger, and the Carrier shall not be liable in any way whatsoever in any such arrangement. The Carrier shall not be liable for any injuries or damages which occur while Passenger participates in any athletic or recreational activities, either aboard the vessel or ashore, including but not limited to Passenger's use of any gymnasium, health club or sauna facilities, and Passenger's participation in jogging, swimming, diving, snorkeling, SCUBA diving, wind surfing, sailing, motorboat, water skiing and other similar related activities and the use of equipment or facilities provided by the Carrier in connection with such activities. Passenger understands that he is not required to perform or assist in any function or services usually and ordinarily performed by crew members, and any Passenger volunteering any such service or engaging in any such activity does so at his sole risk. The Carrier shall not be liable for any loss of life, bodily injury or property damage sustained by Passenger while volunteering in such services or engaging in such activities. By volunteering to perform and/or engaging in such services or functions, and by participating in the aforementioned athletic or recreational activities aboard the vessel or ashore, Passenger agrees to assume all risks arising therefrom and does hereby fully release and discharge the Carrier from any and all claims, demands, damages, causes of action, present or future, whether the same be known, anticipated or unanticipated, resulting from or arising out of Passenger's volunteering his services, engaging in activities ordinarily performed by the vessel's crew or using, or intending to use, the vessel's facilities or participating in such activities or volunteered services.

 Passenger admits a full understanding of the nature and character of the vessel as an ocean-going sailing ship and of all risks incident to travel and transportation. Passenger assumes the foregoing risks and agrees that the Carrier shall not be liable for personal injury, illness, death, damage or delay, or for loss, damage or delay to Passenger's baggage, personal effects or property, arising from any such risk whatsoever, including but not limited to, those resulting from causes such as acts of God or public enemies, hijacking, piracy, arrest, restraints of rulers, princes or peoples, war, terrorist acts or threats, bombing, revolutions, civil strife, threatened or actual rebellion, fire, explosion, collision, stranding, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, theft, accident to or from machinery, boilers, or latent defects even though existing at embarkation or commencement of the Voyage, seizure of the ship by legal process, barratry, desertion or revolt of crew, strike, lockout or labor disturbance and all other circumstances beyond Carrier's control whether or not of similar character to the foregoing.

9. LIABILITY OF PASSENGER. Passenger shall be liable to and shall reimburse the Carrier for all damage to the vessel and its furnishings and equipment or any property of the Carrier caused directly or indirectly, in whole or in part by any act or omission of Passenger, whether willful or negligent. Passenger shall be liable to and shall indemnify the Carrier for any fines, charges, losses, expenses or penalties which governmental authorities impose upon or which the Carrier incurs for Passenger's failure to observe or comply with any local laws or any governmental regulations whatsoever. Passenger shall further indemnify the Carrier and each and all of its agents and servants against all liability whatsoever which the Carrier or such agents or servants may incur towards any person, company or government arising from any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of Passenger.

10. DELAY, CHANGE OR SUBSTITUTION. The Carrier reserves the right in its sole discretion to cancel, advance or postpone any port of call or any scheduled departure or arrival time at any port for any reason at any time whether before, during or after sailing of the vessel, without prior notice to Passenger and without liability to Passenger for any loss, damage, delay or inconvenience whatsoever, however consequential. If the vessel does not sail on or about the scheduled or advertised date, or if the vessel is or will be unduly delayed or prevented from proceeding in the ordinary course, for any reason whatsoever, including fault of the Carrier, the Carrier shall have liberty to substitute any other vessel or means of transportation, whether or not owned or operated by the Carrier, and to re-berth Passenger thereon, or to terminate the vessel's voyage and refund the fare paid for the passage affected, or to use its best efforts to furnish a comparable substitute itinerary. The Carrier has an absolute right to transfer Passenger and/or his baggage to other carriers, whether by water, rail or air, to or toward the ultimate destination. In the event such substituted passage is for the convenience of the Carrier, it shall be at the Carrier's cost, otherwise, it shall be of the cost of the Passenger. The Carrier may for any reason terminate this contract or the voyage at any time before or after departure of the vessel on its voyage and it is agreed that Carrier's only liability will be to refund to the Passenger the amount of the fare received by Carrier from the Passenger.

The Carrier shall have full liberty to proceed without pilots and tow and to assist vessels in all situations, to deviate from the direct or customary course for any purpose including, without limitation, in the interest of passengers or of the vessel, or to save life or property; to put in at any unscheduled or unadvertised port, and to put back the port of embarkation or to any port previously visited, if the Carrier shall deem prudent, all without prior notice and without incurring any liability to Passenger on account thereof.

11. NOTICE REQUIREMENTS / TIME LIMITS. No suits, action or proceeding, including, without limitation those brought in rem and/or in personam, shall be maintained against the Carrier for any loss, damage or injury to Passenger arising from any cause whatsoever, including, but not limited to damage to property, delay, detention, personal injury, illness or death unless written notice of the claim with full particulars is delivered to the Carrier at Ermanno Palace 27 Bd Albert Ier, MC 98000 - Monaco within six (6) months from the day when such loss, damage or injury to the Passenger occurred. In no event shall any suit for any cause, whether in rem or in personam, be brought or maintainable against the Carrier with respect to delay, detention, personal injury, illness or death, whether occurring on board the vessel or ashore, unless suit shall be commenced with one (1) year from the day when such damage, delay, detention, personal injury, illness or death occurred, notwithstanding any provision of law of any state or country to the contrary.

12.HEALTH AND MEDICAL MATTERS / PASSENGER DISABILITY. Each Passenger represents and warrants that he is physically and otherwise fit to travel on the Voyage. Any Passenger who has any form of mental or physical disability, or who is experiencing any form of mental or physical illness, either of which disability or illness could affect his fitness for travel, must report such disability or illness to Carrier when the reservation is made and must submit a physician's certificate certifying Passenger's fitness for travel within ten (10) days following receipt of a ticket or voucher, whichever is earlier. If a ticket or voucher is not received ten (10) days prior to the sailing date, then said certificate must be submitted prior to embarkation. Pregnancy is considered a physical disability, and an application for passage from an expectant mother must be accompanied by a physician's certificate establishing her fitness for travel. The Carrier reserves the right to refuse passage to women in advanced stages of pregnancy. By acceptance of this contract, the Passenger hereby assumes the risk of and releases the Carrier from any and all liability for any injury or damage connected with the cruise, which arises from or is proximately caused by a preexisting illness or disability. Disabled persons are advised that certain international safety requirements may cause difficulty for mobility of impaired persons or persons with severely impaired sight and/or hearing. For reasons of passenger safety and well-being, these persons must be accompanied by and share the same cabin with an adult who is not physically impaired.

The Carrier reserves the right to refuse or revoke passage to anyone who fails to notify the Carrier of his disability or who is, in the sole judgment of the Carrier, in such physical or mental condition as to be unfit for travel or as to require care, treatment and attention beyond that which the Carrier can provide.

13. QUARANTINE. In case of quarantine, each Passenger must bear all risks, losses and expenses thereby caused to him and will be charged for food and accommodation during the period of detention, payable day by day, if Passenger is maintained on board the vessel, and for all other fees and expenses assessed or incurred on his account including but not limited to, costs connected with embarkation or disembarkation of Passenger and/or baggage and costs of transfer between vessel and shore.

14. REVOCATION OF PASSAGE. The Carrier reserves the right in its sole discretion to refuse or revoke passage at any time to any Passenger who may be suffering from a contagious or infectious disease, or whose presence may be detrimental to the well-being, comfort or safety of other passengers or the crew, or who may be excluded from landing at a destination by immigration or other governmental authorities. In such case, the Carrier shall refund the fare paid or the pro-rata portion thereof, as the case may be, after deducting the expenses incurred by the Carrier on account of such Passenger and, thereupon, the Carrier shall be discharged from any further liability.

15. APPLICABILITY OF LAWS AND TREATIES. In addition to all of the restrictions upon and exemptions from liability laws or statutes provided by this Contract, the Carrier shall have the benefit of any limitation of liability or exoneration of liability laws available in the applicable forum, the International Convention Relating to Limitation of the Liability of Seagoing Ships 1957 (the Brussels Convention) and the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea 1974 (the Athens Convention). This Contract and these conventions are to be governed and interpreted by and under the laws of the Principality of Monaco.

16. ALLOCATION OF ACCOMMODATIONS. All berths are let on condition that the Passenger may be transferred from one stateroom to another if required to accommodate other passengers. Such transfer will be made into staterooms as similar as practicable. All unoccupied staterooms are liable to be let at intermediate ports.

17. GENERAL AVERAGE. Passenger will not be liable to pay nor entitled to receive any general average contribution in respect to property taken with him on the vessel.

18. AMENDMENTS AND SEVERABILITY. No amendment of this Contract shall be valid unless made in writing and signed by a duly authorized officer of the Carrier. No amendment of any term of this Contract pertaining to the Carrier's liability shall be valid unless made in writing and signed by Carrier's President or Managing Director. The terms of this Contract shall be separable. Should any provision of this Contract be deemed invalid by a Court of competent jurisdiction, such provision shall be deemed to be severed from this Contract and of no force and effect and all remaining provisions herein shall continue to be in full force and effect.

19. ENTIRE CONTRACT. This Contract constitutes the entire agreement between the parties and supersedes all representations or conditions contained in the Carrier's advertisements, notices, brochures or other materials and all promises and agreements made or claimed to have been made to or with Passenger or anyone representing him by any party.

20. DEFINITIONS / INTERPRETATION. Whenever the term “Carrier” is used herein, it shall mean and include the vessel, its owner, underwriters, operators, agents, master, officers and crew, all of whom shall have the benefit of all the terms and conditions of this Contract. The term “Passenger” shall include the plural where appropriate and shall include all persons purchasing or accepting this Contract or anyone using it, including minors or wards, or persons in their care. Any use of the masculine shall include the feminine. The term “Voyage” shall mean the voyage from the Passenger's port of embarkation to the port of disembarkation listed on the front of this ticket.

The headings of this Contract are for convenience of reference only and shall not define or limit any of the terms or provisions thereof.

21. VENUE AND LAW. It is hereby agreed that any and all claims, disputes or controversies whatsoever arising from or in connection with this Contract and the transportation furnished hereunder shall be commenced, filed and litigated, if at all, before a court of proper jurisdiction located in the Principality of Monaco and shall be governed and interpreted by and under the laws of the Principality of Monaco.