Paul Gauguin Cruise Terms and Conditions

RADISSON SEVEN SEAS CRUISES AS AGENT FOR SERVICES ET TRANSPORTS TAHITI

TICKET/ CONTRACT "PAUL GAUGUIN"

THE PASSENGER EXPRESSLY AGREES TO THE TERMS AND CONDITIONS OF CONTRACT APPEARING BELOW AND ON THE REVERSE OF THIS TICKET/ CONTRACT BY ACCEPTING THE SAME ON BEHALF OF ALL NAMED PASSENGERS.

IMPORTANT NOTICE TO PASSENGERS: THIS TICKET/ CONTRACT CONTAINS SUBSTANTIAL PENALTIES FOR CANCELLATION, AS WELL AS CERTAIN LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS RESPECTING INJURY TO OR DEATH OF PASSENGERS AND DAMAGE CLAIMS RELATING TO BAGGAGE. PLEASE READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING THIS TICKET/ CONTRACT AND BOARDING THE VESSEL, ALL PASSENGERS AGREE TO ACCEPT AND TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, INCLUDING SPECIFICALLY THOSE REGARDING YOUR RIGHTS TO SUE, GOVERNING LAW, FORUM AND JURISDICTION.

TERMS AND CONDITIONS OF THIS TICKET/ CONTRACT

THE FOLLOWING TERMS AND CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN RADISSON SEVEN SEAS CRUISES, INC., ACTING AS AGENT FOR AND ON BEHALF OF SERVICES ET TRANSPORTS TAHITI AND YOU. PLEASE READ THEM CAREFULLY; WE ARE ALL BOUND BY THEM. THIS IS A BINDING CONTRACT.

1. DEFINITIONS:

The term "Ticket/ Contract" includes this entire document including all its terms and conditions. The term "Passenger" includes every person named on the face of this Ticket/ Contract and/ or occupying the cabin designated above; the term "Vessel" refers to "PAUL GAUGUIN" or any ship substituted therefor, and its tenders or any other similar means of conveyance controlled by Services Et Transports Tahiti; the term "Radisson Seven Seas Cruises, Inc." acting as agent for and on behalf of Services Et Transports Tahiti (hereinafter "Company") includes the Vessel, its owner, Copropriete Du Navire Paul Gauguin, its operator or charterer, all affiliated companies and sales representatives and all employees of such individuals and companies. The term "Baggage" shall mean such baggage allowed aboard pursuant to the terms of this Ticket/ Contract which is placed in the Passenger's cabin, or any baggage which has been stored in the Vessel's baggage room, holds or safe against receipt therefor at the request of the Passenger.

2. CRUISE FARE:

a. Cruise fare includes the Company cruise only and/ or Air/ Sea Program and/ or Air/ Sea/ Land Program, as applicable, and all normal shipboard services and facilities. The cruise fare does not include shore excursions, sight- seeing, or meals ashore, port and ground handling expenses, taxes, laundry or valet service, satellite communications, or any other item or service whatsoever of a personal nature, such as massage, spa or hairstyling, unless otherwise specified in writing for a particular cruise.

b. All cruise fares are subject to change at any time up to thirty (30) days prior to the schedule departure of the Vessel. Company reserves the right to collect the cruise fare at the end of sailing.

3. NON- TRANSFERABILITY/ BINDING EFFECT:

This Ticket/ Contract is valid only for the Passenger or Passengers named herein for the date and Vessel indicated. It may not be sold or transferred. The Terms and Conditions of this Ticket/ Contract are binding on, and confer benefits to, the Passenger, the Passenger's spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. The Passenger represents and warrants that he is duly authorized by and on behalf of all Passengers (including children) named on this Ticket/ Contract to agree to and to bind all such Passengers to such terms and conditions.

4. EMBARKATION:

The Passenger is required to be on board the Vessel at least one hour before departure. At the time of embarkation the Passenger is responsible for having received all medical inoculations necessary for the voyage and having in his possession this Ticket/ Contract, valid passport, visas, medical card and other documents necessary for scheduled ports of call and disembarkations.

5. CANCELLATION PRIOR TO EMBARKATION:

Cancellation requests must be in writing to Company. If the request is received by Company more than 120 (one hundred twenty) days prior to the cruise or the Air/ Sea or Air/ Sea/ Land Program departure date, as applicable, a refund of amounts already paid to Company may be made to the travel agent. Later cancellations will be assessed the following charges by Company:

* 120 to 91 days before the Company cruise or Air/ Sea or Air/ Sea/ Land Program departure date, as applicable: an Administrative Fee of US$ 200 per person;

* 90 to 60 days before the Company cruise or the Air/ Sea or Air/ Sea/ Land Program departure date, as applicable: 10% (ten percent) of cruise fare per person;

* 59 to 30 days before the Company cruise or the Air/ Sea or Air/ Sea/ Land Program departure date, as applicable: 25% (twenty- five percent) of cruise fare per person.

* 29 to 15 days before the Company cruise or the Air/ Sea/ Land Program departure date, as applicable: 50% (fifty percent) of cruise fare per person;

* 14 days or thereafter before the Company cruise or the Air/ Sea or Air/ Sea/ Land Program departure date, as applicable: 100% (one hundred percent) of cruise fare per person.

All appropriate refunds may be made to the travel agent representing the passenger. Some agents may, at their discretion, withhold an agency cancellation fee. If cancellation fees are charged by air carriers, land operators or travel agents, they will be deducted from any refund made pursuant to this paragraph.

Company will not be responsible for the receipt by the Passenger of refund monies.

6. BAGGAGE, VALUABLES AND OTHER POSSESSIONS:

Each Passenger may bring aboard the Vessel a reasonable amount of clothing and personal effects without charge. All baggage must be securely packed and distinctly labeled with the Passenger's full name, the name of the Vessel, the cabin number of the Passenger and the sailing date of the Vessel. Under no circumstances may dangerous articles such as firearms, explosives, oxygen or combustible substances be taken aboard the Vessel. Any such items shall be surrendered to the Master at embarkation, and may be disposed of in the sole discretion of the Master. Pets and other animals are not allowed on board the Vessel.

Hand or unlocked baggage, breakables and valuables, including but not limited to jewelry, money, precious stones, securities, financial instruments and/ or tickets, must be hand- carried by Passengers on and off the Vessel, and may not be included with check- in baggage. Company shall not be responsible for loss of or damage to such items.

7. LIABILITY LIMITATIONS FOR LOSS OF OR DAMAGE TO PROPERTY:

a. The total value of the luggage, valuables and other personal belongings of a Passenger aboard the Vessel who does not deposit valuables for safekeeping, as described in this Ticket/ Contract, shall be deemed not to exceed the amount of US$ 200 per Passenger and Company's liability, if any, for loss of or damage to such belongings is limited to a maximum of US$ 200 per Passenger. Company provides safekeeping for valuables aboard ship and encourages Passengers to deposit any jewelry or other valuables brought aboard the Vessel with the designated officer who will issue a receipt for such valuables. Company shall not be liable for any loss of or damage to money, jewelry, precious stones, securities, financial instruments, tickets or other valuables unless they have been delivered to the designated officer and a receipt issued. The value of articles delivered for safekeeping shall be deemed not to exceed U. S. $200 unless the Passenger declares in writing the articles delivered and a higher value and pays the declared value charge required by Company.

b. Other than as elsewhere stated in this Ticket/ Contract Company shall have no liability for loss of or damage to baggage or personal effects. Personal belongings lost while unattended in public lounges or other public areas, whether on board the Vessel or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, and other acts- of- God are not reimbursable. Settlements of reimbursable claims for lost belongings will be made on the basis of actual cash value (replacement cost, less depreciation). Settlements of reimbursable claims for damaged items will be on the basis of cost of repair. No amount shall be paid in settlement of any claim without proof of the actual cash value or repair cost as appropriate arising from the loss or damage. Such proof must be sent to Company. Company liability must also be proven before any settlement will be paid.

8. TIME LIMITS FOR PROPERTY AND OTHER NON- PERSONAL INJURY CLAIMS:

A written claim for loss of or damage to baggage, valuables and other personal belongings must be made to Company before the Passenger leaves the debarkation area to enable Company to investigate any damage and to conduct a search for claimed lost articles; all such claims, including claims for breach of contract, must be made in writing as soon as they arise; any suit must be filed within six (6) months from the date of disembarkation or scheduled disembarkation or the Passenger waives and releases any right he may have to make a claim against Company for any such loss or damage.

9. ITINERARY/ RIGHT TO CHANGE/ DETENTION:

a. Company reserves the right at its sole option and discretion without any liability for damages or refund of any kind to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or lengthen any sailing, to omit or change ports of call, to arrange for substantially equivalent transportation by another vessel and/ or by other means of transportation, whether belonging to Company or not, and to cause the Passenger to disembark from the Vessel temporarily or permanently. Company may for any reason whatsoever cancel any sailing or terminate the Ticket/ Contract at any time before departure of the Vessel, and in such event, Company's only liability will be to refund to the Passenger the amount it has received for the Ticket/ Contract.

b. For purposes of assisting other vessels or protecting life or property, the Master of the Vessel has the right, at his sole discretion, to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or cancel any sailing, to omit or change any ports of call, to tow or to be towed, to transfer the Passenger and the Passenger's baggage to any other vessel and or other means of transportation whether belonging to Company or not, to cause the Passenger to disembark the Vessel temporarily or permanently, and the Passenger shall have no claim against the Company in such circumstances.

10. HEALTH AND SECURITY/ INDEMNIFICATION BY PASSENGER:

a. The Passenger represents and warrants that the Passenger is physically and otherwise fit to travel; that he will at all times comply with Vessel's rules and regulations and orders and directions of the Vessel's officers and medical staff; that his conduct will not impair the safety of the Vessel or inconvenience other passengers. Company is unable to accommodate women past their sixth month of pregnancy.

b. Company and the Master or medical officer of the Vessel without liability at any time may refuse to transport or may land any Passenger at any port or place, or transfer the Passenger to other means of transportation, because of health or physical condition, mental disorder, failure to abide by Vessel regulations, failure to possess necessary passports, visas and health or vaccination certificates, or other causes rendering the Passenger unfit to travel.

c. If the Passenger is refused passage or leaves the Vessel prior to the end of the cruise for any of the reasons described in this section or for other reasons including, but not limited to, personal, medical, or business reasons, Company will not be required to refund any portion of the Ticket/ Contract price, or be responsible for any of the Passenger's costs.

d. The Passenger hereby consents to a reasonable search being made of the Passenger's person, baggage or other property, and to the removal and confiscation or destruction of any object which may, in the opinion of Company, impair the safety of the Vessel or inconvenience other Passengers.

e. The Passenger shall indemnify Company for all penalties, fines, charges, losses or expenses incurred or imposed upon Company or the Vessel by virtue of any act or violation of law of the Passenger.

f. Company is unable to accommodate children under six months of age and reserves the right to restrict the number of those under three years of age aboard the Vessel. Any child under the age of eighteen must be accompanied by an adult over the age of twenty- one. If the adult accompanying this child is not a parent, a "Parental Consent Guardianship Form" must be signed by a parent or legal guardian and received by Company prior to sailing.

g. All Passengers are required to advise Company in writing, at or prior to the time a cruise is booked, of any physical, emotional or mental condition which may require professional attention during the cruise, including those Passengers who are physically challenged and require the use of wheelchairs or other similar facilities. Company strongly recommends that Passengers using wheelchairs travel with someone who is able to assist them, both on shore and on board the Vessel. Some ports of call are anchorage ports and physical conditions may preclude such Passengers from going ashore. Decisions made by the Master of the Vessel in such circumstances will be binding in all instances. Physically challenged Passengers must bring and be responsible for all facilities relating to their said condition. If any such condition arises after the cruise is booked, the Passenger is required to advise Company in writing immediately. Failure to advise Company as required hereunder shall release Company and all personnel aboard the Vessel from any liability related to such condition or its treatment.

11. INDEPENDENT CONTRACTOR/ SHORE TOURS/ LIMIT OF LIABILITY:

a. Tours, including pre- cruise, post- cruise and other shore excursions including hotels, restaurants and transportation, whether by vessel, air, rail, land or other means, not owned or operated by Company are not under the operation or control of Company and Company makes no representation of any kind as to them, and takes no responsibility for them.

b. The Passenger shall have no right to any refund and Company shall have no obligation or liability of any kind to the Passenger for acts or omissions in connection with or arising out of arrangements with independent contractors since they are not agents or employees of Company. Arrangements with independent contractors include, but are not limited to the following:

(1) services or products available for the Passenger's convenience on board the Vessel and furnished by doctor(s), dentist(s), nurse(s), barber(s), hairdresser(s), manicurist(s), masseur(s), spa operator(s), photographer(s), entertainer(s), instructor(s), shopkeeper(s), lecturer(s) and others;

(2) services, products or transportation provided elsewhere than aboard the Vessel which are furnished by others in connection with sight- seeing tours, pre- cruise and post- cruise tours, excursions and shore trips, including, but not limited to tender service, whether arranged or organized by tour operators, travel agents or Company.

c. The independent contractors shall be entitled to charge for any products sold, services rendered or transportation provided to the Passenger either directly or through Company.

d. Each Passenger agrees that all rights, exemptions from liability, defenses and immunities of whatsoever nature referred to in this Ticket/ Contract applicable to Company and the Vessel, shall in all respects enure also for the benefit of any servant, agent or independent contractor of Company acting in the course of or in connection with their employment so that in no circumstances shall any such servant, agent or independent contractor as the result of so acting be under any liability to any such Passenger different from that of Company.

12. NON- LIABILITY FOR MEDICAL TREATMENT:

a. Doctors and/ or nurses are on board the Vessel for the treatment of crew members, and may, for the convenience of Passengers and at the request of the Passenger provide medical services to the Passenger. Company does not undertake to treat or care for the Passenger medically, and the doctors and nurses, even if designated officers of the Vessel, are not agents for or employees of Company, but rather are independent contractors. Company shall not be liable for any aspect of medical treatment provided to the Passenger, including, but not limited to the consequences of any examination, advice, diagnosis, medication, treatment, prognosis or other professional services which such doctors or nurses may furnish the Passenger.

b. The passenger hereby consents to treatment by the Vessel's doctor or other medical personnel, if any, or by a physician designated by Company, if subsequent to embarkation the Passenger is unable to request or authorize such treatment and in the opinion of the Vessel's doctor needs medical attention.

c. The Passenger may be charged for medical services and for medications and supplies used for his medical treatment.

13. PAYMENTS BY THE PASSENGER AND EXTRA EXPENSES:

Any and all payments by the Passenger to Company shall be made in currency of the United States of America or such other currency acceptable to Company. All charges for services and products provided on board the Vessel must be settled in cash or charged (via credit card acceptable to Company) before the Passenger's final disembarkation from the Vessel. Any other expenses incurred by the Passenger or by Company on behalf of the Passenger shall be payable by the Passenger on demand.

14. NO GENERAL AVERAGE:

Passenger shall neither pay nor receive any general average contribution with respect to any property.

15. LIABILITY LIMITATION FOR LOSS OF LIFE OR BODILY INJURY:

The maximum total liability, if any, of Company resulting from the loss of life of or bodily injury to the Passenger shall not exceed the amount permitted by law. In addition to all of the restrictions and exemptions from liability provided in this Ticket/ Contract, Company shall, as applicable: (i) For all cruises in which the Vessel does not touch a port of the United States of America, the liability of Company for the death of or personal injury (including emotional distress or injury) to a Passenger shall in no event exceed the monetary limitations set forth in Article 7 of the International Convention relating to the Carriage of Passengers and their baggage by sea adopted at Athens on the 13th day of November 19, 1976, (hereinafter called the "Athens Convention"); (ii) for all cruises which include a port of the United States, the liability of Company for the death of or personal injury (including emotional distress or injury) to a Passenger shall in no event exceed the limitations of liability and exemptions set forth in 46 USC sections 181 to 186, 188. Nothing in this Ticket/ Contract is intended nor shall operate to limit or deprive Company of any such statutory limitation of or exoneration from liability, or of the benefits of any statute or law of any country which might be applicable providing for exoneration from or limitation of liability. Company shall not be liable to the passenger for damages for emotional distress, mental anguish or psychological injury of any kind or any circumstances, except when such damages were caused by the negligence of Company and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages were intentionally inflicted by Company.

16. PERSONAL INJURY CLAIMS/ NOTICE:

REQUIREMENTS/ TIME LIMITS: ANY INCIDENT OR ACCIDENT RESULTING IN BODILY INJURY, EMOTIONAL DISTRESS OR INJURY OR DEATH TO THE PASSENGER MUST BE REPORTED IMMEDIATELY TO A VESSEL'S OFFICER. COMPANY WILL NOT BE LIABLE THEREFOR EXCEPT AS PROVIDED BY LAW AND THEN ONLY IF A WRITTEN CLAIM IS PRESENTED TO COMPANY WITHIN SIX (6) MONTHS OF THE INCIDENT OR ACCIDENT ALLEGED TO HAVE CAUSED THE BODILY INJURY, EMOTIONAL DISTRESS OR INJURY OR DEATH. COMPANY WILL FURTHER NOT BE LIABLE THEREFOR UNLESS SUIT IS COMMENCED WITHIN TWELVE (12) MONTHS OF THE SAID INCIDENT OR ACCIDENT ALLEGED TO HAVE CAUSED THE BODILY INJURY, EMOTIONAL DISTRESS OR INJURY OR DEATH. IF A WRITTEN CLAIM IS NOT MADE AND SUIT IS NOT COMMENCED WITHIN THE TIMES PROVIDED IN THIS ARTICLE THEN THE PASSENGER WAIVES AND RELEASES ANY RIGHT HE MAY HAVE TO MAKE A CLAIM AGAINST COMPANY FOR ANY SUCH BODILY INJURY, EMOTIONAL DISTRESS OR INJURY OR DEATH.

17. FORCE MAJEURE:

Company shall not be liable in any way to the Passenger for death, bodily injury, illness, damage, delay or other loss or detriment to person or property for Company's failure to commence, perform and/ or complete any duty owed to the passenger if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, terrorist activities, civil commotions, labor difficulties, whether or not Company is a party thereto, interference by authorities, requisitioning of the Vessel, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Vessel, explosion, breakdown or failure of or damage to the vessel or its hull, machineries or fittings, howsoever and wheresoever any of the same may arise or be caused, riot, insurrection and government restraint, fire, or any other cause whatsoever beyond the reasonable control of Company.

18. PLACE OF SUIT:

a. This Ticket/ Contract applies to claims suits and litigation of any kind whether against the Company in personam or the Vessel in rem or otherwise.

b. For all cruises which include a port of the United States of America, it is agreed by and between the Passengers and Company that any and all disputes and matters whatsoever arising under, in connection with or incident to this Ticket/ Contract shall be litigated, if at all, by the Courts in Broward County, State of Florida to the exclusion of the courts of any other county, city, state or country.

c. For all cruises which do not include a port of the United States, it is agreed by and between the passengers and Company that any and all disputes and matters whatsoever arising under, in connection with or incident to this Ticket/ Contract shall be litigated, if at all, before a court of competent jurisdiction in Paris, France to the exclusion of the courts of any other city, state or country.

19. INTERPRETATION:

Should any provision of this Ticket/ Contract be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision shall be deemed to be severed from this Ticket/ Contract and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The heading of this Ticket/ Contract are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and vice-versa.

20. WARRANTIES/ CONSEQUENTIAL DAMAGES EXCLUDED:

ALL WARRANTIES INCLUDING WARRANTIES OF FITNESS FOR USE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED FROM THIS TICKET/ CONTRACT. COMPANY SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.

21. WRITTEN NOTICES:

Except as otherwise expressly provided in this Ticket/ Contract, all written notice required by this Ticket/ Contract must be mailed, postage prepaid, to Radisson Seven Seas Cruises, Inc., 600 Corporate Drive, Suite 410, Fort Lauderdale, Florida 33334.

22. THIS IS A CONTRACT/ ENTIRE AGREEMENT:

THE PROVISIONS OF THIS TICKET/ CONTRACT REPRESENT THE ENTIRE AGREEMENT AND A BINDING CONTRACT BETWEEN THE PASSENGER AND COMPANY. THE PASSENGER'S ACCEPTANCE OF THIS TICKET/ CONTRACT CONSTITUTES THE PASSENGER'S CONSENT TO THESE PROVISIONS. THESE PROVISIONS SUPERSEDE ANY ORAL OR WRITTEN REPRESENTATIONS. ANY CHANGE IN THESE PROVISIONS MUST BE IN WRITING AND SIGNED BY THE PRESIDENT OF RADISSON SEVEN SEAS CRUISES, AS AGENT FOR COMPANY AND MAY REQUIRE A COMMENSURATE INCREASE IN FARE.