Our cruise ship Le Lyrial
WELCOME TO OUR 53rd SOLAR ECLIPSE* EXPEDITION FEATURING ANTARCTICA AND THE SOUTH ORKNEY ISLANDS
NEED A ROOMMATE? MALE AND FEMALE CABIN MATES NEEDED. CONTACT ECLIPSE@DT.COM
The path of totality is shown in gray with the blue line indicating the center of the eclipse experience. The arrow points to the location where we plan to see the eclipse. Ignore any other lines. Map courtesy X. Jubier.
Join Paul D. Maley of the NASA Johnson Space Center Astronomical Society on what will be his 79th trip to see an eclipse of the Sun! If the weather cooperates, the Sun will be blacked out for approximately 1 minute 40 seconds from our vantage point east of Coronation Island. We at RING OF FIRE EXPEDITIONS will be using a relatively new ship introduced in 2015 by Ponant Cruise Lines, the Lyrial. This ship will carry a maximum of 200 passengers to Antarctica in 122 staterooms. In addition, we will be joined by Dr. Michael Shara of the American Museum of Natural History and Dr. Patricia Reiff of Rice University who have both been on our previous solar eclipse adventures. This is your chance to see whales, penguins, birds and other life forms in the pristine environment called Antarctica. If you have never been to the 7th continent the term ‘once in a lifetime experience’ is not an exaggeration. It is a legendary bucket list trip. Paul and his wife Lynn have even run half marathons on the Antarctic Peninsula.
The cruise itself will start/end in Ushuaia, Argentina and span an 11 day/10 night period from November 28 to December 8, 2021. You will first arrive in Buenos Aires, Argentina (airport code EZE) on November 27 and overnight at our hotel there before transferring the next day to a domestic flight to Ushuaia. We can only accommodate a few guests in triple cabins. The rest will be twin sharing.
Penguins discussing their future options on an ice flow
Prepare for the most amazing spectacle on December 4 as the Moon blocks out 100% of the Sun’s light. B. Braswell photo.
|SATURDAY||27 NOVEMBER 2021||ARRIVE BUENOS AIRES. OVERNIGHT|
|CRUISE DAY||DAY OF WEEK||DATE||PORT OF CALL||ARRIVAL TIME||DEPARTURE TIME|
|1||SUNDAY||28 NOVEMBER||FLY TO USHUAIA,|
|2||MONDAY||29 NOVEMBER||AT SEA|
|3||TUESDAY||30 NOVEMBER||ELEPHANT ISLAND, ANTARCTICA||1300||1900|
|4||WEDNESDAY||1 DECEMBER||BROWN BLUFF||0700||1200|
|5||THURSDAY||2 DECEMBER||KINNES COVE||0600||1200|
|6||FRIDAY||3 DECEMBER||AT SEA|
|7||SATURDAY||4 DECEMBER||TOTAL ECLIPSE|
1 MINUTE 40 SECONDS OF TOTALITY
|LAURIE ISLAND, SOUTH ORKNEYS||1500||2300|
|8||SUNDAY||5 DECEMBER||CORONATION ISLAND||0700||1200|
|9||MONDAY||6 DECEMBER||AT SEA|
|10||TUESDAY||7 DECEMBER||AT SEA|
|11||WEDNESDAY||8 DECEMBER||USHUAIA, ARGENTINA||600|
|11||FLY BACK TO BUENOS AIRES|
*Note that we cannot guarantee the weather will be clear for this or any other solar eclipse.
Intense discussions with penguins may be possible during shore excursions. In this shot with Lynn Palmer, juvenile gentoo penguins each tries to convince her to bring one of them back to the ship. Outerwear such as boots, pants and parka are typically provided by the ship. P. Maley photo.
Here are the cabin layouts in descending order from deck 7 down to deck 2.
Killer whales/orcas as seen from the deck of the ship. Even if you don’t go ashore, there is plenty of wildlife to view.
Cabin prices are in effect until January 1, 2019 after which they will are expected to increase 15%. Prices shown are per person with 2 sharing a cabin. There are just 3 superior cabins that Future Travel will be allocate for triple accommodations. All other cabins/suites will be limited to two persons. The price of one person occupying a single cabin is shown in the table below. Two persons in each cabin for a maximum of 4 in a Prestige Suite. The prices for a Prestige Suite are the combined prices of 2 individual Prestige Cabins.
|CABIN TYPE||PRICE PER PERSON||CASH DISCOUNT PRICE PER PERSON||SUPPLEMENT FOR SINGLE OCCUPANCY***||NUMBER OF CABINS||PRICE PER PERSON TRIPLE OCCUPANCY *||CASH DISCOUNT PRICE PER PERSON|
|GRAND DELUXE SUITE||$22,500||$21,375||$19,500||1|
|PRESTIGE SUITE(2cabins)||$12,700 with 4 people||$12,100 with 4 people||contact us||see deck 5 diagram|
**3 Superior cabins only can be used as triple staterooms
***The total price for one person occupying a cabin is found by adding the per person price column/row to the supplement price column row.
CABIN AVAILABILITY TABLE
Check the table below to see if the cabin you want is reserved or not. Prices are shown per person. There are 3 triple cabins and 3 handicapped configured cabins. All other staterooms and suites accommodate 2 persons per room.
SPECIAL NOTE: THERE IS NO GRAND PRIVILEGE SUITE. CABIN 611 IS A PRESTIGE SUITE ON ITS OWN. CABIN 615 IS RESERVED.
|NO.||TYPE||AVAILABLE?||TRIPLE?||CONFIGURED FOR PERSONS WITH DISABILITIES?|
|510||PRESTIGE SUITE 1||RESERVED|
|512||PRESTIGE SUITE 1||RESERVED|
|515||PRESTIGE SUITE 2||AVAILABLE|
|511||PRESTIGE SUITE 2||AVAILABLE|
|516||PRESTIGE SUITE 3||AVAILABLE|
|514||PRESTIGE SUITE 3||AVAILABLE|
|519||PRESTIGE SUITE 4||AVAILABLE|
|517||PRESTIGE SUITE 4||AVAILABLE|
|518||PRESTIGE SUITE 5||AVAILABLE|
|520||PRESTIGE SUITE 5||AVAILABLE|
|523||PRESTIGE SUITE 6||RESERVED|
|521||PRESTIGE SUITE 6||RESERVED|
|524||PRESTIGE SUITE 7||RESERVED|
|522||PRESTIGE SUITE 7||AVAILABLE|
|535||PRESTIGE SUITE 11||AVAILABLE|
|533||PRESTIGE SUITE 11||AVAILABLE|
|601||DELUXE SUITE 1||AVAILABLE|
|602||DELUXE SUITE 2||AVAILABLE|
|603||DELUXE SUITE 2||AVAILABLE|
|604||GRAND DELUXE SUITE||RESERVED|
|606||PRIVILEGE SUITE 1||RESERVED|
|607||PRIVILEGE SUITE 2||RESERVED|
|608||PRIVILEGE SUITE 3||RESERVED|
|609||PRIVILEGE SUITE 4||RESERVED|
|610||PRIVILEGE SUITE 5||RESERVED|
|611||PRIVILEGE SUITE 6||RESERVED|
|612||PRIVILEGE SUITE 7||RESERVED|
|614||PRIVILEGE SUITE 8||RESERVED|
IMPORTANT NOTICE: As is typical for every cruise charter in advance, Ponant has also provided a caveat to the cost. Should fuel prices increase beyond a specific index value by more than 5% up to 30 days prior to the start of the cruise, Ponant will increase prices to Future Travel (and to you). This could be caused by such things as a huge spike in oil futures or an event such as closing of the Strait of Hormuz. We do not anticipate this will happen, but Ponant is protecting themselves in case it does. Future Travel will be forced to notify all passengers of a cost increase should this happen.
An absolutely outlandish stroke of good fortune as our Zodiac boats were visited by a curious humpback whale who kept ‘spy hopping’ in March, 2018. Distance from my camera was about 15 feet. This encounter lasted almost one hour!! This is not a common experience and it will stay with me forever. You dont have to own a really expensive camera; in fact, I used a ‘point and shoot’ camera for this and other shots. P. Maley photo.
DEPOSIT AND PAYMENT SCHEDULE
From time of booking until August 1, 2019, 20% per person of the total cruise cost (see table above).
Feb. 1, 2020, 50% of the total cruise cost.
Dec. 1, 2020, 100% of the total cruise cost.
From now until August 1, 2019, $1000. for non-suite cabins; $3000 for all suites
From Feb 1, 2020, $2000. for non-suite cabins; $5000 for all suites
From Dec. 1, 2020, 100% nonrefundable.
The thrill of a Zodiac whale encounter is represented by this shot. It is one of the many whale tail images from my last trip. P. Maley photo.
Based on the remoteness of the region, extended advance purchase and the requirements of the Cruise Line, all passengers are required to purchase insurance from Future Travel at an additional cost at the time of deposit. INSURANCE PRICES WILL VARY BY TOTAL TRIP COST AND LOCATION. INSURANCE WILL BE QUOTED AND MUST BE PAID UPON DEPOSIT. INSURANCE PRICES ARE IN ADDITION TO THE ABOVE LISTED CABIN PRICES. There is no discount on travel insurance. Note: ALL INSURANCE PAYMENTS ARE NONREFUNDABLE.
Penguins have a lot to complain about: lack of cable TV, heaters, lack of beer… P. Maley photo.
COMBING TWO CABINS INTO A SUITE
Should you wish to combine two adjacent prestige cabins and make them a prestige suite, please indicate that to me in an email. The prices for combining the two are unchanged as it is the same as booking two separate rooms. Use the DECK 5 illustration above to indicate which two cabins you want. Those that are compatible have a half circle symbol either above or below the cabins.
DETAILS ON THE SHIP
• All outside staterooms and suites, with private balconies
• Butler service for all suite categories (Categories 4 and above)
• Sun deck and multiple outer deck observation areas
• Outside heated pool
• Library with extensive selection of books and reading areas
• Two restaurants offering exquisite dining experiences
• Panoramic lounge & terrace
• Three bar plus a ship’s boutique
• Passenger elevators
• Fitness center with state-of-the-art equipment
• Hairdresser offering full-service hair styling, manicures and pedicures
• Spa and steam room
• 24-hour on-board medical facilities with certified doctor (extra cost)
• 24-hour room service and laundry services (extra cost)
• The Club lounge for live music and dancing
• A theater with unobstructed seating for more than 200 guests
• Wireless internet access throughout the ship (extra cost)
• Electricity: 110/220 volts
Dont get hung up on the weather when you could really be hung up on a humpback whale! P. Maley photo.
• Overall length: 466 feet
• Beam: 59 feet
• Draft: 15.3 feet
• Average speed: 16 knots
• Ice class: 1C
• Passenger cabin decks: 4
• Passenger capacity: limited to 200 for Antarctica
• Crew: 142 (crew-to-guest ratio of 1 to 1.4)
• Gross tonnage: 10.700 GRT
• Electric Motors: 2 x 2.3 MW
If you decide not to go onshore, here is a sample of what humpback whales look like as seen from the deck. P. Maley photo.
SOLAR ECLIPSE CRUISE 2021 PRICE INCLUDES:
-mineral water during lunch and dinner
–open bar included so guests will not have to pay for wine, beer and cocktails on board.
-complimentary parka (given to you on the ship)
-all gratuities to the ship’s crew
-no formal nights: dress code is always ‘eclipse casual’
-all Zodiac landings
-one gala dinner
-all meals on the ship including early risers coffee, breakfast served in cabin or in the restaurants, lunch and dinner in the restaurants
-prenight hotel and transfers in Buenos Aires
-roundtrip economy class air between Buenos Aires and Ushuaia, Argentina
-roundtrip transfers between Ushuaia airport and pier
-one welcome drink (composed of non alcohol cocktails/juice) upon arrival
-welcome and farewell cocktails
-daily afternoon tea and pastries
-unlimited change of towels; bed clothing changed once during the cruise
-in suite dining and room service
-a team in charge of day and evening activities
An optional activity not to be missed: the polar plunge. On shore temperatures are typically between 20-30 deg F/-1 to -7 deg C. In the water is a different story. P. Maley photo.
SOLAR ECLIPSE CRUISE 2021 PRICE DOES NOT INCLUDE:
-transfers to/from ship (unless specified)
-pre or post cruise packages (unless specified)
-additional onboard services such as wifi, spa, etc.
-shore excursions and special sea activities other than the Zodiac landings (this itinerary does not feature ports where the term ‘shore excursion’ applies)
-a washing and ironing service for laundry
-3 bars and botiques
-cost of passports and any visas (if required)
-alcoholic beverages of any type
-medical services and fees related to this
-anything else not mentioned in the SOLAR ECLIPSE CRUISE 2021 PRICE INCLUDES section above
–trip cancellation and delay, medical evacuation insurance which is mandatory (passengers are required to secure this from Future Travel)
Our ship in the Weddell Sea
GUESTS WITH DISABILITIES:
Prospective participants need to know that the ship has very limited capability for guests with disabilities. Wheel-on and / or wheel-off access is only possible in Ushuaia; the Zodiacs are not wheelchair accessible. This is an ‘expedition ship’ which is geared to go into areas larger ships cannot venture. In certain situations if guests are not physically fit enough to board or disembark Zodiac boats, it may not be possible for them to accomplish wet landings. In all the areas the ship operates it is important to be of a moderate fitness level in order to participate in the activities offered. As they make use of the Zodiacs on a regular basis, it is important guests are physically able to embark and disembark the Zodiacs by means of the gangway which involves a lot of steps at a steep angle in a moving sea. On shore, the Expedition team will be taking guests on guided hikes which can involve moderate to difficult walking on uneven terrain. Also note that if you are 24 weeks pregnant or more, you cannot participate in Solar Eclipse Cruise 2021.
Be sure to ask permission before taking a penguin’s photo. Some are quite shy. P. Maley photo.
BOARDING THE SHIP
It is important to also point out that all passengers are responsible for being sure they are onboard the ship on departure day. Failure to do so will result in the passenger being left at the port and it will be the passenger’s responsibility to catch up to the ship using the passenger’s own resources. Neither Ponant nor Future Travel can be responsible for any passengers who fail to board the ship prior to the schedule time of departure.
How close to a whale can you really get? If you are truly lucky–within a couple of feet. This is one of more than 50 images that I took while our Zodiacs were in the middle of a pod of humpback whales. P. Maley photo.
REGISTRATION & PASSENGER INFORMATON FORMS
Two forms are required for this cruise. Click here to register. One registration form for each person in your party. Next, complete the cabin request form which allows you to select your cabin(s). Finally, complete payment by one of the two methods shown below. We cannot confirm you unless the registration form, cabin request form, and payment are all received.
HOW MUCH AND HOW TO PAY
IF YOU ARE PAYING THE 20% DEPOSIT NOW, HERE ARE THE AMOUNTS BASED ON THE CABIN TYPES:
DEPOSIT……….. CASH DISCOUNT DEPOSIT
PER PERSON……..PER PERSON
IF YOU ARE PAYING FOR THE FULL CABIN THAT MEANS YOU PAY TWICE THE AMOUNT SHOWN EXCEPT IN THE CASE OF THE PRESTIGE SUITE WHICH REQUIRES 4 PEOPLE.
All prices are quoted in US Dollars and can be paid in the following ways:
PAY BY CREDIT CARD: Future Travel, Inc. – A Direct Travel Company does accept VISA, Master Card, American Express, and Discover. We will need you to view, complete the Credit Card Authorization form:
FOR CASH DISCOUNT PRICE, PAY BY ELECTRONIC CHECK: Use our secure electronic payment form. It is faster/safer than going through the regular mail. The web link is:
IF YOU LIVE OUTSIDE THE UNITED STATES you may pay by one of these methods: 1) credit cards, 2) money order; or 3) electronic check transfer from a bank in the United States. Please contact email@example.com to make arrangements.
When the ship anchors in a quiet bay it may be possible to paddleboard or cruise in a Zodiac boat near whales!
FUTURE TRAVEL TERMS AND CONDITIONS
Your signature on our registration form will signify your agreement with the following terms and conditions. These are the terms and conditions applicable to the land expeditions offered by Future Travel, Inc. a Texas corporation (“we”, “us” and “our”). The terms “client” “you” and “your” refer to each person who purchases and/or participates in the Cruise.
1. Eclipse Tour ITINERARY: The itinerary on the Eclipse Tour Website and any other materials is hereby included in this agreement. However, the Tour Operator, reserves the right to make changes to the itinerary as explained in this agreement.
2. Eclipse Tour PRICE: Prices are based on two persons sharing accommodations. There is additional cost for a single accommodation (single supplement) or an extra person in the room if either of these features is available. Prices may be subject to increase as described in this agreement.
3. DEPOSIT AND FINAL PAYMENT REQUIREMENTS: If you sign up before the dates posted on the Eclipse Tour webpage, a deposit in the amount stated on the webpage is due along with your signed reservation form in order to secure your reservation, which is subject to availability at the time we receive the form and deposit. Dates and deposit amounts vary depending upon the trip. Failure to meet those deposit dates will result in cancellation of your reservation and loss of deposit as defined under the cancellation penalties portion of the webpage. If the Tour is sold out at the time we receive your reservation form and deposit, we will contact you and ask if you wish to be added to a waiting list. We reserve the right to accept or decline any prospective participant for any nondiscriminatory reason in our sole discretion. All reservations must be paid in full by the date specified. Spaces not paid in full by this date are subject to cancellation without refund and will be charged a $250 late-payment fee.
4. Eclipse Tour CANCELLATION BY YOU: We are making arrangements with travel suppliers that require us to incur very substantial costs of operation. Therefore, if you cancel, we will retain all of your payments as liquidated damages. However, if you find a replacement for yourself or any other members of your traveling party, we will charge a change fee of $250 as specified on the Eclipse Tour webpage. We must receive the written (email is sufficient) notice of the change and a signed/scanned reservation form from the new participant. If we receive notice of the change after specified date, we will not provide a refund. There is no refund for unused portions of the Eclipse Tour once it has commenced. You are solely responsible for costs incurred by you due to missed, canceled or delayed transportation. Your decision not to participate on the Eclipse Tour due to State Department/other US or foreign government warnings, fear of travel, illness, or any other reason will be deemed a cancellation. If a flight or other delay for any reason prevents you from joining the Eclipse Tour on the departure date and time, you will be considered a no-show, and we cannot provide a full or partial refund or credit toward a future Tour, but you may join the Eclipse Tour late at your expense. There are NO exceptions to our cancellation policies.
5. OTHER CHANGES: There will be a change fee of $75.00 per person charged for any change in travel arrangements made after ticketing and at least 30 days prior to departure in addition to charges incurred by our suppliers. No changes will be allowed within 30 days of the departure date.
6. INSURANCE: It is required that you purchase insurance through Future Travel. We strongly recommend that you purchase insurance in case of trip cancellation and medical problems, as well as medical evacuation insurance to cover the cost of a private jet to return home. We will send you insurance information if you check the box on our reservation form. However, any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more money to correct the situation. For example, you will suffer a loss if: (i) your flight has been cancelled and your hotel and Tours are nonrefundable; (ii) you need to cancel your trip due to illness; (iii) a hurricane, volcano or earthquake occurs while traveling and you are stranded; (iv) your cruise line, airline, or Tour operator files for bankruptcy, unless you have paid by credit card; (v) a terrorist incident occurs at the destination you planned on visiting; (vi) you have a medical emergency in a foreign country and need medical attention or evacuation; (vii) your bags are lost and your medication is in them, and you need to have an emergency prescription filled; or (viii) your passport and wallet are stolen, and you need emergency cash and a replacement passport. We offer Travel Guard Travel Insurance to U.S and Canadian residents and will provide costs associated with insuring your trip, both at time of deposit and final payment. If you live in another country, you will have to purchase your own insurance in your home country.
7. Eclipse Tour PRICE INCREASES: In the event that the cost of any aspect of the Eclipse Tour should incur an unexpected cost increase, Future Travel is obliged to pass on these increases. While rare, they can occur and are beyond the control of Future Travel. When such increase is known, Future Travel will alert all participants and provide the amount and reason for the increase. It will be required that all Tour members provide payment by the date due per communication from Future Travel. Prices are also subject to increase for currency fluctuations and the cost of supplier services.
8. Eclipse Tour AIRFARES: Airline arrangements are usually optional and not included in the tour price unless specifically stated. Airlines and airfares included in your trip are subject to change without notice. Please check with us for conditions applicable to your airline ticket. Airfares are subject to price increases until you have paid in full. Even after you have paid in full, airfares are subject to supplemental price increases imposed by governments, and you hereby consent to any such price increases. We will not change your requested seat assignments on commercial aircraft without permission. However, airlines often change seat assignments to satisfy their loyalty members or because of equipment changes (aircraft type). We are not notified of these changes in advance, and often clients are not made aware of these changes until they arrive at the airport. We are not responsible for seat assignment changes made by the airline. Frequent flyer programs are private agreements between airlines and passengers, and we cannot be held responsible for mileage discrepancies involving airline loyalty reward programs.
9. Eclipse Tour ECLIPSE (or other astronomical event) VIEWING: We understand that you have decided to participate based on your ability to view the astronomical event advertised as the highlight of the Eclipse Tour . While we will do our best to arrange for the viewing, we cannot guarantee that there will be no cloud cover, that the group will be in the planned position, or that there will not be another reason beyond our control that prevents viewing. Therefore, we will not be liable or responsible for any loss, damage, cost, or expense of any kind in the event that such viewing is not possible for any reason including but not limited to any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the ground transportation being used, (for which the Ground Operator shall be the sole judge), breakdowns of or damage to the transport vehicle, requisition of the vehicle by governmental authority, illness, death of a family member or other cause or circumstance beyond our control.
10. Eclipse Tour CHANGES OR CANCELLATION BY GROUND OPERATOR OR US: The Ground Operator in its sole discretion may cancel, advance, or postpone any part of the tour, change the itinerary, and may (but is not obligated to) substitute another transport vehicle, and we will not be liable for any loss whatsoever to passengers by reason of such cancellation, advancement, postponement, or substitution. If the Eclipse Tour is completely canceled by our Ground Operator, we will provide a full refund, or, if the Eclipse Tour is partially canceled, we will provide a partial refund depending on any refund provided to us by the Ground Operator. Under such circumstances, Future Travel shall have no further liability for damages or compensation of any kind. We reserve the right to cancel the Eclipse Tour for inadequate participation, in which case we will provide a full refund of the Eclipse Tour price and shall have no further liability for damages or compensation of any kind. Please note that the availability of any refund for travel insurance and/or other travel products (airfare and hotel), even if purchased in conjunction with the Eclipse Tour, will be determined in accordance with the applicable cancellation policies for such other products or services. Sightseeing is subject to change due to weather conditions, accessibility, border crossing limitations, and hours of operation. Sightseeing will be by motor coach or other transportation as stated in the itinerary.
11. OTHER RIGHTS OF Ground Operators: You may request a copy of the Ground Operator’s Passage Contract, which constitutes your agreement with the Ground Operator. The contract provides that the Ground Operator may exercise its rights in a variety of matters. We have no liability for a full or partial refund of the tour fare, or for any lodging or transportation expenses, as a result of the Ground Operator’s exercise of its contractual rights.
12. SAFETY WHILE ON the Eclipse Tour: You assume sole responsibility for your own safety during the Eclipse Tour. We do not guarantee your safety at any time. You acknowledge that all Excursions /Tours, however conducted, airline flights and ground transportation, are operated by independent contractors. Future Travel neither supervises nor controls their actions, nor makes any representation, either express or implied, as to their suitability. These services are provided only as a convenience for you, and you are free to use or not use them. You agree that Future Travel assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to you and/or your property in connection with these services.
13. PASSPORTS AND VISAS: International travel requires a passport valid 6 months beyond your intended return travel date. In many cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. Please speak with us if you are unsure about the visa requirements for your travel destination, but you are solely responsible for complying with passport and visa requirements. Your name, as listed on your travel documents, must exactly match your name as listed on tour or airline documents. Citizens of other countries must make their nationalities known to Future Travel at registration and are responsible for obtaining proper documentation to enter the U.S. and any other countries involved.
14. MEDICAL CERTIFICATION AND PASSENGERS WITH SPECIAL NEEDS: By booking this Eclipse Tour, you certify that: (a) you are in good general health and capable of performing normal activities on the Eclipse Tour; (b) you are capable of caring for yourself during any expedition and will not impede the progress of the trip or enjoyment of other Eclipse Tour participants; (c) you understand that any expedition may take you far from the nearest viable medical facility; and (d) all expedition members must be self-sufficient; and (e) you have not been recently treated for, nor are aware of, any physical, mental or other condition or disability that would create a hazard to yourself or other Eclipse Tour participants. Any condition that may require attention or treatment must be reported in writing at the time your reservation is made. Transport may be refused to any person whose state of health or physical conditions render them, in the opinion of the Ground Operator, unfit. Participation in this or any other Eclipse Tour will be denied to any person who will enter her third trimester (twenty-seventh week) of pregnancy by the time of the Eclipse Tour or during the Eclipse Tour and to children under the age specified on the Eclipse Tour Webpage—usually 16. You must notify Future Travel at the time of booking of any disability or other medical or physical condition that may require special assistance during the Eclipse Tour. Your failure to do so will release Future Travel from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. Future Travel and our Ground Operator(s) reserve the right to require that any passenger who is not self-sufficient must travel with a companion who takes responsibility for any assistance needed during the Eclipse Tour and in case of emergency. You understand that if you fraudulently represent yourself as fit for this tour, you may be removed prior to or during the Tour at your own expense.
15. CONDITION OR BEHAVIOR: We may exclude you from participating in all or any part of the trip if, in our sole discretion, your condition or behavior renders you unfit for the trip or unfit for continuation once the trip has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of our services, or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to a refund of the recoverable cost of any unused portion of the trip.
16. CHILDREN: We normally accept children if they are the age of 16 and older (thought the minimum age may vary by Tour), although some Tours are for adults only and are specified as such. Children must be accompanied and supervised by parents or guardians, who will bear ultimate responsibility for their actions, and are expected to display proper decorum while the group is together, especially at the observation site and on all transport vehicles.
17. LUGGAGE ON BOARD: Each guest may bring onboard a reasonable amount of baggage. It is recommended that participants do not bring expensive jewelry or like possessions with them. Telescopes and observation equipment should be securely packed; insurance on expensive items is highly recommended. All luggage must be stored in the passenger’s accommodations. Pets, dangerous or illegal items such as weapons, explosives, combustible substances, non-prescription controlled substances, or illegal drugs may not be brought on the Eclipse Tour. Any such items shall be surrendered to security at embarkation and may be disposed of at the sole discretion of the cruise line. All luggage hand-carried or checked, and your person are subject to security inspections that may involve physical search. Curbside porters are available at the pier during embarkation to take luggage to the vessel. Please be sure each piece of luggage is locked and has a tag listing your name, and contact information. We assume no responsibility for checked or carry-on luggage. Any luggage left anywhere on Tour will be forwarded at the guest’s expense if discovered. IF YOU ARE BRINGING A TELESCOPE OR ANY UNUSUAL EQUIPMENT, YOU MUST PROVIDE A LIST OF SUCH ITEMS TO FUTURE TRAVEL SO THAT WE CAN DETERMINE THEY ARE ALLOWABLE. WE WILL PROVIDE INSTRUCTIONS RELATED TO CUSTOMS FORMALITIES.
18. TRANSFERS: When transfers between hotels and airports are included in the Eclipse Tour price, transportation of participants and their baggage is provided only when participants travel with the rest of the group (or language in the tour terms indicates that you can arrive at any time). If your schedule is different from this, private transfers are available at extra cost and must be requested in writing. Carry-on bags must be carried by Eclipse Tour participants. Porterage may be included AFTER passing through the customs area upon arrival if so indicated in the inclusions. Porterage is generally not included unless otherwise stated in the individual itinerary inclusions. In some situations, porterage may not be possible. Be sure to consult the cruise information to be sure.
19. TAXES AND TIPS: If a land package is involved, tips are not included (unless stated), but taxes for hotel accommodations and airfare are generally included. Departure taxes within foreign countries are NOT included since they vary widely. Each airport departure may require a separate departure tax which will have to be collected from each participant prior to boarding an airline or ship. Tips are NOT included for guides, or drivers. Future Travel will provide guidance on tips, when they should be given and how collected. Although the amounts and timing may differ, this is left to each person’s discretion. There will be times when the Tour escort or guide will alert participants as to whom and how much to tip. These actions are necessary in order to maintain good service and assure that all promised services will occur as scheduled.
20. WHAT ELSE IS NOT INCLUDED ON OUR TOUR: Cost of passports or visas, excess baggage, meals and beverages not specified in the itinerary, phone calls, voluntary changes in flights or other methods of transport, laundry, insurance costs, and items or services of a personal nature not specified in the cruise itinerary.
21. MEDICAL CARE: You assume all risks associated with travel and transportation on the Tour. While on the Eclipse Tour or along the way to/from the Eclipse Tour, the availability of medical care may be limited and/or delayed. You acknowledge that all or part of the Eclipse Tour may be in areas where medical care and/or evacuation may not be available. You agree to indemnify and reimburse Future Travel and its ground operators in the event that these entities by their sole discretion, advance to you the cost of emergency medical care, including medical evacuation and/or medical care provided ashore, as well as transportation and/or lodging in connection therewith. Future Travel shall have no responsibility to advance any such costs.
22. ROOMMATES: If you are traveling by yourself but wish to share a room with someone else, we will attempt to match men with male roommates and women with female roommates, along with smoking/non-smoking preferences. However, the ground operator prohibits all smoking on tour. If we cannot find a roommate for whatever reason we will advise you and have to charge you the single supplement fee. You may wish to look for a roommate from your local astronomical society, family or friends. Your decision to accept a roommate for the tour is at your own risk. Future Travel is not responsible or liable for any and all claims or cause of action arising out of or in connection with your acceptance or selection of a roommate for the tour, including, without limitation, any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such request or selection.
23. SMOKING: Smoking is prohibited on our Eclipse Tour buses, the astronomical event observation site, and in briefing and lecture rooms as well as in hotel rooms and any other places where the group is congregating.
24. INFORMATION: Information that we publish in our Eclipse Tour brochures, collateral material and the Eclipse Tour Website is believed to be accurate and reliable. We make no representations or warranties regarding such information or any information provided by a third party. Unless expressly stated in writing, we do not endorse the products or services offered by any company or person identified in our brochures, collateral material or Website, nor are we responsible for any content published by a third party.
25. RESPONSIBILITY: We act only in the capacity of agent for the suppliers of the travel services named in your itinerary or otherwise providing services or goods in connection with the tour (the “suppliers”), such as airlines, hotels and other lodging providers, local hosts, sightseeing tour operators, bus lines, car rental companies, driving services, restaurants, and providers of entertainment. We assume no responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any act or omission of any of the Suppliers.
26. LIMITATION OF LIABILITY: In no event will we be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the tour even if advised of the possibility of such damages. In no event will our aggregate liability exceed the total tour price set forth in the itinerary for any occurrence including, but not limited to: (1) injury, death or delay of passengers, or loss, damage or delay of or to passengers’ baggage or other property, which may be caused, directly or indirectly, in whole or in part, from participation in the Eclipse Tour including, without limitation, passenger’s use of or participation in any excursion, on concession or athletic or recreational activity; (2) your request for or selection of a roommate for the tour; (3) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances (except when such damages were caused by Future Travel’s negligence and resulted from the same passenger’s sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to have been intentionally inflicted by Future Travel); (4) any change in scheduled Eclipse Tour events and/or celebrity appearances; (5) the Tour Operators’ exercise of its contractual rights; or (6) or (if you are entering into this agreement on behalf of yourself and your, group, party, or traveling companions) any claim arising out of their assertion that you were not authorized to agree on their behalf. You further agree that Future Travel shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Future Travel, nor for any intentional or negligent acts of Future Travel’s employees committed while off duty or outside the course and scope of their employment. In the event that a court of competent jurisdiction holds any of the foregoing to be unenforceable, then Future Travel’s liability shall be limited to the maximum extent permitted by law. In addition to the restrictions and exemptions from liability provided in these Terms and Conditions, Future Travel shall have the full benefit of any applicable laws providing for limitation and exoneration from liability, and nothing in contained herein is intended to operate to limit or deprive Future Travel of any such statutory limitation of or exoneration from liability.
27. FORCE MAJEURE: We assume no responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any matter beyond our exclusive control including but not limited to a delay or cancellation that causes you to miss all or any portion of the Eclipse Tour, acts of God, acts of government, war, terrorist acts, riots, disaster, weather extremes, or strikes. We have no special knowledge regarding the financial condition of the suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. You understand that health care standards, facilities, and services abroad may be different or even inadequate for treating health conditions. It is the responsibility of each Tour participant to obtain health and medical certificates, inoculations and vaccinations. For information concerning possible dangers at foreign destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov, and click on “Travel Warnings.” For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.
28. DISPUTES: Except where prohibited by law, you (the Lead Passenger and all members of your party) expressly agree that: (1) any and all disputes, claims and causes of action against Future Travel arising out of or connected with the Tour shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Houston, Texas, U.S.A. to the exclusion of the courts of any other state, territory or country; (2) you waive any venue or other objection that you may have to any such action or proceeding being brought in any court located in Houston, Texas; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Eclipse Tour, but in no event attorneys’ fees; and (4) you waive the right to claim any other damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the State of Texas. You agree to present any claims against us within 30 days after the Eclipse Tour ends and to file within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. NEITHER PARTY MAY INITIATE OR BE PART OF A CLASS ACTION LAWSUIT OR LEGAL PROCEEDING AGAINST THE OTHER.
29. INDEMNIFICATION: You shall indemnify, defend and hold harmless us and our officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any losses arising out of: (i) your negligence; (ii) your failure to comply with applicable law; or (iii) your failure to comply with these terms conditions.
30. ASSUMPTION OF RISK: You acknowledge that you have voluntarily applied for this Eclipse Tour. You understand that you may travel to countries and areas that are inherently risky. You are prepared to assume risks associated with the Eclipse Tour including forces of nature, terrorism, civil unrest, war, accidents, and transportation including land vehicles, boats, and aircraft that are not operated and maintained to the standards found in North America, and you hereby assume such risks. You also assume risks associated with altitude, illness, disease, physical exertion, and alcohol consumption, knowing that access to evacuation and/or suitable medical supplies and support may not be available. You agree to take full responsibility for your own actions, safety and welfare. You also understand that you will be a member of a group and will conduct myself in a way that will not endanger the group or yourself.
31. MISCELLANEOUS: We may assign our rights and/or delegate all or a portion of its duties under these Terms and Conditions to any third party at any time without the consent or permission of any parties to these Terms and Conditions. If there is a conflict between these Terms and Conditions and one or more terms contained in another agreement between you and us, these Terms and Conditions will control. No alteration, cancellation, variation of, or addition to these terms and conditions shall be of any force or effect unless reduced to writing and signed by us. If there is a conflict between any part of these terms and conditions and any present or future law, the part that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.You hereby consent to our use of pictures or video of you in our marketing materials without compensation. Facsimile or scanned transmission of any signed document shall be deemed delivery of an original.
PONANT TERMS AND CONDITIONS
Important notice: These clauses are the terms and conditions that apply to your travel and/or cruise contract. Please read them carefully.
Passengers’ attention is specifically drawn to the Carrier and Cruise Organiser’s rights to exclude and limit their liability, as well as to the provisions in Article 9, which set out the timeframe and conditions for submitting a claim and initiating proceedings. The use of these Tickets by the Passenger whose name appears on them, and their boarding of the ship imply their full agreement with all of these general and particular terms and conditions, which must be understood and accepted by them when they register. Representatives and agents on land and sea, and any person who was involved in the service provided by the Cruise Organiser or the Carrier may assert and benefit from the terms of these Tickets against the Passengers mentioned on these tickets If any specification in these Tickets breaches a mandatory legal provision, said specification shall be considered as null and void, however such nullity would not jeopardise the other clauses of these Tickets.
1.1 “Cruise Ticket”: the document that contains the stipulations of the cruise contract, according to which the Cruise Operator undertakes to have the Passenger transported by the Carrier, and to provide them with the services mentioned on the Cruise Ticket.
1.2 “Passenger Ticket”: the document that includes the stipulations of the travel contract, in accordance with which the Carrier undertakes to carry the Passenger between the ports mentioned on that document.
1.3 “Tickets”: the Passenger Tickets and Cruise Tickets, as referred to jointly.
1.4 “Ticket”: the Passenger Ticket or the Cruise Ticket.
1.5 “CDP”: Compagnie du Ponant, a simplified joint stock company with a sole shareholder, which has its registered office at 408 Avenue du Prado 13008, Marseille, France, and is registered on the Marseille Trade and Companies Register under No. 344 497 011.
1.6 “Cruise Operator”: the person who undertakes to have the Passenger transported by the Carrier, and to provide them with the services mentioned on the Cruise Ticket, and whose header appears on the CruiseTicket.
1.7 “Passenger”: any person whose name appears on the Passenger Ticket, and on the Cruise Ticket, where applicable.
1.8 “Carrier”: the private individual or the company that operates the ship carrying the Passenger, and whose header appears on the Passenger Ticket.
1.9 “Seller”: the private individual or legal entity who has sold all the services included in the cruise directly to the Passenger, potentially including the various, land, sea, and air transportation services.
2. Acceptance and application of the general terms and conditions of the Passenger Ticket and Cruise Ticket
2.1 The Passenger agrees to the following terms and conditions by accepting or using the Passenger Ticket.
2.2 Where the Cruise Tickets is issued by CDP, by using or accepting the ticket, the Passenger agrees to its clauses and terms and conditions.
2.3 Where the Cruise Ticket is not issued by CDP, the terms and conditions of the Cruise Ticket shall not be governed by these terms and conditions, but by those agreed between the Passenger and the CruiseOperator.
3. Law applicable to the Passenger Ticket
3.1 The contractual relations between the Carrier and the Passenger are governed by French law and specifically governed by the provision of the French Transport Code, especially its Articles L. 5420-1 to L. 5421-12 and by the Decree of 31 December 1966, as well as by the provisions of the International London Convention of 19 November 1976, and, where applicable, by the provisions of Regulation 392/2009 issued by the European Parliament and Council, which form an integral part of the Passenger Ticket.
4. Laws applicable to the Cruise Ticket
4.1 Where CDP is the Cruise Operator, the contractual relations between the latter and the Passenger regarding the organisation of the cruise are governed by Articles 47 to 49 of Law No. 66-420 of 18 June 1996 regarding chartering and sea transportation agreements, and by the provisions of the Application Decree dated 31 December 1966.
5. Payment of the price
5.1 The price of the Passenger Ticket and of the Cruise Ticket must be paid to the Seller in full at least 30 days before boarding the ship.
5.2 Where the Passenger puts an end to their cruise either wilfully or by reason of their actions the price of these Tickets will not be refundable.
5.3 The price initially proposed may be amended in the event of the following exceptional circumstances: governmental action, a significant fluctuation in the US dollar or euro exchange rates or of special drawing rights, a significant increase in the oil price, or any other factor that significantly alters the cost of transport, and is beyond the Carrier’s control. Any increase decided in this way shall be calculated in accordance with the overall surcharge payable by the Cruise Operator and/or the Carrier, divided by the estimated number of Passengers, and shall include the commissions payable to agents. The Passenger or the person who purchased the Ticket(s) shall be informed of the increase in the price of the Ticket via registered letter with acknowledgement of receipt – or via any other means that enables actual receipt of the correspondence to be proved – with a 30 (thirty) day notice period prior to the departure date. The Passenger and/or the person who purchased the Ticket(s) may cancel their contract when they receive this notice, and obtain the immediate refund of the amount paid with no penalties by informing the Seller in writing within a period of 7 (seven) days following receipt of notice of the increase.
5.4 Save for the exceptions set out in the cruise itinerary, or in the Cruise Ticket, excursions are not included in the Cruise Ticket price. They are exclusively sold and invoiced onboard, and are governed by the general terms and conditions applicable to the contract signed with the local operator providing the services. Excursions cannot be refunded in the event that the client cancels them once they have registered.
5.5 Any expenditure incurred onboard by the Passenger, or on their behalf, shall not be included in the Ticket price; such expenditure must be settled in cash and in any event before the Passenger leaves the ship.
6. Boarding and transportation terms and conditions
6.1 The Passengers must present themselves for boarding in accordance with the conditions determined by the itinerary, and at least 2 (hours) before the scheduled departure time. The Passengers must present themselves for boarding in accordance with the conditions determined by the Passenger Ticket. In the event that they are late or decide not to travel, the Passengers shall still be liable for the price of the Cruise Ticket and of the Passenger Ticket.
6.2 Tickets shall be issued in the name of the Passenger. The Passenger may not transfer their Tickets to a third party for any reason whatsoever.
6.3 Each Passenger shall warrant that they are fit to travel by sea, and that their state of health or their behaviour shall not harm the other Passengers or the proper running of the trip. If a Passenger’s state of health is likely to restrict their ability to go on the planned sea journey, or to disrupt the proper running of the trip, they shall inform the Carrier and the Travel Organiser, or the Seller, where applicable, and shall produce a medical certificate providing evidence of their fitness to travel on request.
6.4 All Passengers must be in possession of a valid passport, or identity card, where applicable, as well as of the visas and vaccination certificates likely to be required at ports of call, and when the ship reaches its destination. Each Passenger shall be personally responsible for complying with the legal and regulatory specifications required before departure. The Carrier, the Cruise Operator and/or CDP may refuse to let a Passenger who does not show a document authorising them to disembark at the destination and at the scheduled ports of call.
6.5 Passengers with limited mobility, due to a physical disability or to a condition that requires special treatment and/or assistance, including people who use wheelchairs, must inform the Seller and the Carrier in writing
a) at the time when they make the booking request, or b) as soon as the Passenger becomes aware of their disability, if that disability occurs after their booking, but in any event at least 30 (thirty) days prior to the boarding date, primarily in order to ensure that the Carrier is in a position to give the Passenger a confirmation that they will actually be able to take the cruise onboard the ship. The Organiser of the Cruise, the Carrier and/or CDP reserve the right to refuse access to Passengers who have failed to inform the Carrier and the Seller of such disabilities or need for assistance, if the Passenger’s state of health is not compatible with the applicable safety regulations, or if the design of the passenger ship, and the port infrastructure and equipment, including the port terminals, make it impossible for the Passenger in question to board, disembark or be carried under secure conditions, or conditions that are achievable from an operating standpoint. The “Ponant” sailing ship does not allow access to persons with limited mobility or in wheelchairs.
6.6 Disembarkation at some ports may be hard or even impossible for Passengers with limited mobility, particularly in the case of disembarkation by rowing boat and/or excursions in dinghies. Passengers who use wheelchairs must have their own wheelchair and be accompanied by someone who is able to assist them.
6.7 The Passenger must comply with the onboard rules throughout the trip. The Passenger shall be required to attend all safety demonstrations and explanations that may be organised onboard, and to follow the crew’s instructions at all times.
6.8 If they consider it to be necessary, the Carrier, the Cruise Operator and/or CDP and/or the Captain of the Ship may terminate the contract, and refuse to transport any Passenger who does not meet the conditions for entry into port-of-call countries, or whose presence onboard might jeopardise the comfort, health, and security of the other Passengers, the crew, the laws and regulations of the ports visited by the ship, or who might make the Carrier, the Cruise Operator, and/or CDP liable for their keep, defence or repatriation. On these grounds, the Cruise Operator, the Carrier and/or CDP and/or the Captain of the ship may also decide to take the following appropriate measures: – refuse to let the Passenger or Passengers board or disembark in any port in which the ship calls; – Disembark the Passenger or Passengers in any port in which the ship calls; – Transfer the Passenger or Passengers to another ship; – Confine the Passenger or Passengers onboard, to their cabin, or to a cabin attached to the onboard medical team; – have the doctor or their team administer any drugs or medication, or any other permissible substances, and/or confine the Passenger to hospital or any other similar institution in the destination ports of call if the onboard doctor considers it necessary. The Passenger shall bear the costs of the treatments and the medication on land or onboard.
6.9 In the event that there is a risk of an epidemic, the Carrier, the Cruise Operator and/or CDP, and/or the Captain of the ship, and/or any local healthcare authority may require the Passenger to answer a health questionnaire, as well as to submit to a screening test before or at the time of boarding or disembarking, including at the ports of call.
6.10 Goods, property and items where the content may threaten the health and safety of people and property, damage or pollute the ship, inflammable, explosive, corrosive, hazardous, or odorous materials, materials likely to leak, items where import is prohibited or that are not compliant with customs or police regulations, and generally speaking any property and items other than those intended for the Passenger’s personal use are prohibited onboard and in luggage (hereinafter the “Prohibited Items”). The Passenger shall be responsible for any injury, loss or damage suffered as the result of the presence of Prohibited Items in their luggage or in their cabin, and shall hold the Cruise Operator, the Carrier and/or CDP harmless against any proceedings that may be initiated against them due to the presence onboard, or loading or unloading of these Prohibited Items. These Prohibited Items may be unloaded, destroyed, thrown overboard, or rendered harmless at any time and in any place by the Cruise Operator, the Carrier, the crew and/or CDP, with no indemnity, and notwithstanding the payment of any potential destruction costs by the Passenger.
6.11 Each Passenger may only bring one piece of luggage onboard, the maximum authorised weight of which is TBD.
6.12 The Passenger shall agree, upon request and without delay, to allow free access to their cabin, their luggage and their personal effects to the Cruise Operator, the Carrier, the crew officers and/or CDP, as well as to the customs, healthcare and/or administrative authorities in the countries where the ports of call are located, or the country where the ship is registered.
6.13 The Passenger must oversee their luggage and personal effects during their stay onboard, as well as during boarding, transhipment, and disembarkation operations. The Cruise Operator, the Carrier and/or CDP shall decline any liability for any luggage left unsupervised by the Passenger, and for which the latter has not taken all the necessary precautions to avoid theft, loss, or damage. The Cruise Operator, the Carrier and/or CDP shall not be liable for the loss or theft of money, cash, marketable securities, jewellery and other valuables that the Passenger has not declared as valuables, entrusted to the onboard staff with a descriptive inventory including estimates, and for which they have not paid the corresponding proportional custody duties.
6.14 The Cruise Operator, the Carrier and/or CDP shall not be liable for the damage caused to cameras, telephones, electronic devices, and video cameras that are lost or damaged onboard the ship and in its ancillary tenders/shore facilities, or during boarding and disembarkation operations, or for the damage caused to items that have fallen overboard.
6.15 Pets are prohibited onboard the ships and shall not be allowed to board.
6.16 The Passenger shall be civilly and criminally liable for any direct or indirect damage that they cause to the Cruise Operator, the Carrier and/or to CDP, and to other Passengers or to third parties. They shall be solely liable for any fine or penalty imposed by the relevant authorities due to their actions.
7. Pregnancy and children
7.1 Children under three shall not be allowed to board. Children aged between three and eight can only board on presentation of a boarding authorisation, which shall preferably be requested as soon as the child is registered as a Passenger, and must be shown at the time of boarding under all circumstances, otherwise the Cruise Operator, the Carrier and/or CDP shall not be able to allow the child onboard.
7.2 Children shall remain under the full and entire responsibility of their parents or guardians when they are onboard and/or on an excursion.
7.3 As the ships do not have any facilities for giving birth onboard, women who are over six months’ pregnant shall not be allowed to board. In any event, pregnant women travelling onboard the ship are advised to see a doctor before boarding in order to ensure that their state of health is appropriate for the cruise that they are planning.
8. Cancellation, Interruption or alteration of the trip
8.1 In the event of an impediment caused by a force majeure event, or the death of the Passenger, the contract shall be terminated via the notice given by the Passenger or their beneficiaries before boarding. One quarter of the price of the Tickets shall then be payable by the Passenger. The same conditions apply to the members of the family of the Passenger who is prevented for the same reasons, from travelling or has died, and who were due to travel with them.
8.2 Unless CDP agrees more favourable conditions in a separate agreement or in its general terms and conditions of sale, the Passenger shall remain liable for the price of the Tickets, even if they do not board due to a delay, or failure a no-show for the boarding.
8.3 Once the trip has begun, the Passenger shall be required to pay the full price of the Tickets, regardless of the reason that might lead them to abandon the cruise.
8.4 In the event of external events beyond the control of the Cruise Operator, the Carrier and/or CDP, or for any reason relating to the safety of the Passengers, the travellers or the ship, or as a result of the lack of sufficient participants, as provided for in the general terms and conditions of the travel itinerary, CDP may cancel the cruise, and must inform the Passengers and/or the Cruise Operator, where applicable, via registered letter with acknowledgement of receipt, or via a press release. Where CDP is the Cruise Operator, and regardless of the cause of the cancellation, including the lack of a sufficient number of passengers (less than 50% of the ship’s capacity for the planned trip), no compensation shall be payable to the Passenger, who shall have a choice between the following solutions: (i) full repayment of the price of the Tickets; (ii) another cruise at an identical price, (iii) a cruise at a lower price with repayment of the difference in price between both cruises on the basis of published prices. Passengers must inform CDP of their choice as soon as possible.
8.5 Where CDP is not the Cruise Operator, the conditions for cancelling the cruise that apply to Passengers shall be governed by the agreement that they have entered into with the Cruise Operator.
8.6 CDP may decide to bring the trip to an end if it considers it necessary at any time.
8.7 The ship’s departure and arrival times are provided on an indicative and non- definitive basis, and neither the Cruise Operator, nor the Carrier, nor CDP can guarantee that they coincide with (airplane and train) connection times. Neither the Cruise Operator, nor the Carrier, nor CDP shall be responsible for the consequences of any delay, regardless of their nature. In any event, the port-of-call arrival dates and times, or the dates when the ship calls at certain places are not contractual, and can be amended at any time at no notice, and with no compensation.
8.8 In the event of adverse weather conditions, or as the result of the political and social situation in a port-of-call country, or of any other reason that may jeopardise the safety of the Passengers or the ship, or in the event of orders issued by government authorities, the Cruise Operator and/or the Carrier shall have the option to change the itinerary or the ports of call or destination in agreement with CDP, to delay the trip or to terminate it, to divert the ship, to tow another ship or be towed, or to transfer the Passengers and their luggage to any other form of transport even if this results in extending or shortening the length of the itinerary. In any event, the Passenger shall be informed of any cancellation or amendment as soon as possible.
8.9 Where CDP is required to alter the cruise for reasons beyond its control once the Passengers have boarded, the latter cannot claim any other compensation from CDP or the Carrier than the reimbursement of the services that were not provided and were not replaced, or of the unused portion of the Cruise Ticket less any expenses incurred. Conversely, CDP may demand that the Passengers pay a surcharge corresponding to the additional services provided to them due to the lengthening of the trip.
8.10 The Cruise Operator, the Carrier and/or CDP may assign different cabins to the Passengers than those shown on their Ticket.
8.11 The ship may provide assistance to any person or property at sea, or be diverted due to a medical emergency involving a Passenger or a member of the crew, and cannot be held liable for the consequences of anyalternation to the cruise itinerary for this reason.
9. Liability of the Cruise Operator and of the Carrier
9.1 The Carrier shall be liable for any harm caused to the Passengers in accordance with the provisions and compensation limits specified in the following laws, in accordance with their respective application areas, namely Articles L. 5421-1 to L. 5421-8 of the French Transport Code, and (EC) Regulation No. 392/2009 issued by the European Parliament and Council on 23 April 2009. Where this Regulation applies, the limits on the compensation available to the Carrier for death or injury shall be 400,000 special drawing rights per Passenger and per event.
9.2 The Carrier shall be liable for any damage caused to luggage in accordance with the provisions and compensation limits specified in the following laws, in accordance with their respective application areas, namely Articles L. 5421-9 to L. 5421-12 of the French Transport Code, Decree No. 67-268 of 23 March 1967, as amended by Decree 86-1065 of 24 September 1986, and (EC) Regulation No. 392/2009 issued by the European Parliament and Council on 23 April 2009. Where this Regulation applies, the maximum compensation payable by the Carrier for damage to luggage shall be 2,250 special drawing rights per Passenger and per trip. An excess of 149 special drawing rights per Passenger shall apply in any event. Where (EC) Regulation No. 392/2009 does not apply, the maximum compensation payable by the Carrier for loss or damage to luggage shall be €1,520 per Passenger and per trip.
9.3 In any event, the Carrier shall benefit from the compensation limits set out in the London International Agreement dated 19 November 1976, as amended by the 1996 Protocol; said limits shall prevail over any other limit determined by a law where the application is not mandatory.
9.4 In the case of any injury or damage that occurs onboard the ship or its ancillary tenders/shore facilities or craft at the time of boarding or disembarking, or that occurs during carriage at sea, the Cruise Operator shall be responsible within the same limits and under the same conditions as the Carrier. In the case of any other type of damage, the compensation potentially payable to the Passenger by the Cruise Operator and/or CDP shall be capped at 50% of the price of the cruise.
9.5 The Carrier, the Cruise Operator and/or CDP shall expressly not be held liable for any non-material damage, the loss of enjoyment, and so-called punitive or similar damages.
9.6 Where a Passenger is not allowed to board the ship – including after or during a stop- over – under the conditions specified in Articles 5, 6, and 7, neither the Carrier, nor the Cruise Operator, nor CDP, nor the Captain of the ship nor the crew shall be liable in any way.
9.7 The Cruise Operator, the Carrier, and/or CDP shall not be responsible for bodily harm, or material or immaterial damage caused by wars, blockades, riots, strikes, social conflicts, acts of piracy or terrorism, epidemics or quarantines, disasters and natural disasters, nuclear fusion, fission, contamination or explosion, or its consequences, the closure of the port of departure, of the port of call or destination, the holding, requisition or arrest of the ship for any reason, the use of the ship for any government purpose, or merely as a result of the threat of the events listed above. Moreover, they shall not be responsible for the damage caused by the Passenger’s voluntary involvement in a fight or by a dangerous activity and/or action that was not required to safeguard human life.
9.8 The Cruise Operator, the Carrier, and/or CDP shall not be responsible for the interruption of and/or any alteration to the trip as a result of a force majeure event, wars, blockades, riots, strikes, social conflicts, acts of piracy or terrorism, epidemics or quarantines, disasters and natural disasters, nuclear fusion, fission, explosion or contamination, or its consequences, the closure of the port of departure, of the port of call or destination, the holding, requisition or arrest of the ship for any reason, the use of the ship for any government purpose, or merely as a result of the threat of the events listed above.
9.9 In the event that the Cruise Operator and/or CDP are responsible for transporting the luggage during a period prior to boarding or after disembarkation, they shall act as agents on the Passenger’s behalf, and their liability shall not be substituted for that of the carriers actually responsible for transporting this luggage.
9.10 Any luggage that is not claimed at the port of destination shall remain at the port at the Passenger’s own risk and expense.
9.11 Any delay in delivering the luggage that is detrimental to the Passenger, and which engages the liability of the Cruise Operator, the Carrier and/or CDP, may only give rise to the payment of a compensation amount that cannot exceed 20% of the amount that would be payable in the event of loss of the luggage.
9.12 Unless there is a specific written contractual agreement, transportation to the port of departure, water sports and scuba diving from onboard the ship, and land excursions, including hotel and restaurant reservations and guided tours, where applicable, even when they are booked from the ship, shall be supplied by independent service providers that are neither representatives nor employees of the Cruise Operator, the Carrier and/or CDP. Passengers shall make use of these services at their own risk. The Cruise Operator, the Carrier and/or CDP shall only be involved in the capacity of an intermediary, and shall not assume, or engage any liability for these services.
9.13 Any complaint by the Passenger must be sent to CDP via a registered letter with acknowledgement of receipt describing the incident and the alleged harm in an accurate manner, within 15 business days as from the end of the cruise or the disembarkation of the Passenger, subject to foreclosure.
9.14 Any proceedings initiated by the Passenger against the Cruise Operator, the Carrier and/or CDP must be initiated within a period of 1 (one) year for material damage and of 2 (two) years for injury, as from the date when the Passenger disembarked or should have disembarked.
10. Applicable law and competent jurisdiction
10.1 The Passenger Ticket and the Cruise Ticket are governed by French law.
10.2 Only the Courts attached to the District Court in Marseille, France, shall be competent to hear any proceedings based on the Passenger Ticket or the Cruise Ticket against CDP, its employees, subsidiaries, orsub- contractors, even in the event of third party proceedings.