General Terms and Conditions
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and our travel suppliers or us because of this Agreement or your use of our website or services.
In addition, we are an authorized franchisee of Licensor. As such, we are an independent contractor of Licensor, and are not an agent, legal representative, subsidiary, joint venturer, partner, employee, or affiliate of CRUISENAI for any purpose whatsoever. For the purposes of this Agreement: “including (include)” means “including (include), without limitation;” and “or,” as in “A or B,” means “A or B or both.”
You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity, including any rights to enforce, or to obtain a right or remedy, due to circumstances occurring before such termination.
The failure or delay by us at any time to require performance by you of any provision of this Agreement, even if known, does not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder. If any provision of this Agreement, or any other agreement entered into under this Agreement, is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision is inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder of this Agreement is not invalidated thereby and shall be given full force and effect so far as possible.
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the state l in which we maintain our office for business, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in the county in which we maintain our office for business (or, if no court of competent jurisdiction is in such county then in the county in the foregoing state nearest thereto in which a court of competent jurisdiction is located), in all disputes arising out of or relating to the use of our services or our website.
TERMS AND CONDITIONS
Agreement Between Company and Customer
Company is pleased to have the opportunity to act as your booking agent for your travel. “We,” “us,” “our” and “Company” refer to CRUISENAI. “You” and “your” refer to the customer visiting our website, booking a reservation through us (through our website or otherwise), or otherwise using our services.
By booking your travel with us or accessing or using our website in any manner, you agree to be bound by all the terms and conditions set forth below (this “Agreement”). Please read this Agreement carefully. If you do not accept all these terms and conditions, please do not use our website or make bookings through our website or our vacation specialists. We reserve the right, in our sole discretion at any time and from time to time, to change or otherwise modify this Agreement without prior notice, and your continued access or use of our website or booking your travel with us signifies your acceptance of any changes.
You represent and warrant to us that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is correct and complete. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
Any violation of this Agreement may result in the cancellation of your reservation or purchase, your forfeiture of any monies paid for your reservation or purchase, and you being denied access to the applicable travel.
Travel Suppliers
The selection of travel products and services (collectively, “travel”) we advertise — including cruises, air and ground transportation, lodging accommodations, meals and tours — are not directly supplied by us. Travel is supplied by various third-party travel suppliers and service providers (the “travel suppliers”). We are an affiliate for the travel suppliers, and not co-vendors of the travel. Each travel supplier is an independent entity with its own management and not subject to our control.
If you book your travel with us, you will be entering into a separate contract with each applicable travel supplier. Your travel is subject to the terms and conditions contained in each such contract.
Changes and Cancellations by Travel Suppliers
Your contract with your travel supplier may give the travel supplier the right to cancel any booking or any part of it, to make such alterations in the booking as it deems necessary or desirable, to refuse to accept or to retain as a member of any tour any person at any time, or to pass on to customers any expenditure occasioned by delays or events beyond its control. We have no control over such matters or transportation schedules.
The travel supplier, government entity or any other third party reserves the right to cancel this trip or substitute any scheduled port of call at any time and for any reason whatsoever without prior notice, and we shall not be held liable for any loss to guests by reason of such cancellation or substitution. The travel supplier’s cancellation, rebooking and refund policies, subject to any applicable law that is now or may later be in effect, will govern your rights and remedies, including your right to receive a refund. Moreover, should you elect to purchase travel insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss may exist under the circumstances.
Changes and Cancellations by You
If you want to change any portion of your travel, we may try to help you obtain such change, but we cannot guarantee that the travel supplier will honor your request. In fact, it is the policy of some suppliers or other service providers to refuse any air travel change requests regardless of the reason for the change. This is because many service providers block group space on certain flights, use non-refundable tickets, charter flights, or book classes of service that incur penalties if any part of the schedule is changed. This allows the service provider to offer affordable air inclusive packages.
Travel Documents; Passport, Visa and Immigration Requirements; Destinations
It is your responsibility to ensure that all the details on your travel documents are correct and to bring to our attention and the attention of your travel supplier any errors or discrepancies immediately. Your travel documents are valuable and should be carefully safeguarded. While traveling, it is not always possible to replace travel documents in the case of loss or destruction.
It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your travel. You should confirm these with the relevant embassies or consulates. We are not responsible if you are unable to travel because of noncompliance with any such requirements, but we will assist you in determining such requirements where possible.
Prior to booking international travel, we recommend that you review any U.S. Government prohibitions, warnings and advisories applicable to your destinations. Information on conditions in various countries and the level of risk associated with travel to these countries can be found at www.tsa.gov, www.faa.gov, www.cdc.gov, www.dot.gov, www.treas.gov/ofac and www.cbp.gov. Vaccinations may be required for some or all the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.
BY OFFERING TRAVEL TO ANY PARTICULAR DESTINATION, WE DO NOT REPRESENT THAT TRAVEL IN SUCH DESTINATION IS ADVISABLE, SAFE OR WITHOUT RISK, AND WE ARE NOT LIABLE FOR AND YOU RELEASE US AND TRIPSYAI , AND OUR AND ITS RESPECTIVE AFFILIATES, AND OUR AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS, AND HOLD US AND THE OTHER INDEMNITEES DESCRIBED ABOVE (COLLECTIVELY, “INDEMNITEES”), HARMLESS, FROM ANY AND ALL DAMAGES OR LOSSES THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM TRAVEL BOOKED TO SUCH DESTINATION.
Some countries require insecticide spraying of aircraft prior to a flight or while you are on the aircraft. Federal law requires that we refer you to the Department of Transportation’s Disinfection Information page at https://www.transportation.gov/airconsumer/spray at the time of booking for further information.
Use of our Services and Website
You agree you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand. You will only use our website and services in compliance with applicable law.
The content of our website is proprietary to CRUISENAI, us, and our respective suppliers and providers. Without Licensor’s prior written permission, you may not (a) access, monitor or copy any content or information on our website using any “robot”, “spider” or other automated or manual process, (b) deep-link to any portion of our website, or (c) “frame,” “mirror,” or incorporate any portion of our website into any other website.
Our website may contain links to third party websites that we provide only as a convenience to you. Neither CRUISENAI nor we control such websites and are not responsible for their contents or the privacy or other practices of such websites or of the providers listed on such websites. It is up to you to take precautions to ensure that whatever links you access are free of viruses, worms, trojan horses or other destructive mechanisms. The existence of these links does not imply that CRUISENAI or we endorse such websites or any included content or the providers listed on such website.
Privacy Policy
You consent to CRUISENAI and our processing and sharing of personal information about you and other members of your party that you have provided to CRUISENAI or us in accordance with the terms of and for the purposes set forth in our privacy policy. You represent that you have read and agree to the terms of our privacy policy, which can be found on our home page at http://www.CRUISENAI.com.
Indemnification
You agree to indemnify and hold harmless the Indemnitees, travel insurance provider and any of our or their respective travel suppliers, and such suppliers’ respective affiliates, and the respective owners, officers, directors, managers, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs (including reasonable legal and accounting fees) as a result of (a) your breach of this Agreement or any documents referenced herein, (b) your violation of any law or rights of any third party, or (c) your use of our website.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY CRUISENAI, US OR OUR SUPPLIERS OR PUBLISHED ON OUR WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. NEITHER CRUISENAI, NOR WE GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION. CRUISENAI AND WE EACH EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON CRUISENAI ’s OR OUR WEBSITE OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE (IF AVAILABLE).
NEITHER CRUISENAI NOR WE MAKE ANY GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. NEITHER CRUISENAI NOR WE MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES PROVIDED BY CRUISENAI OR US, OR CONTAINED ON CRUISENAI ’s OR OUR WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY CRUISENAI OR US DOES NOT CONSTITUTE LICENSOR’S OR OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT, SERVICE OR THE RELATED TRAVEL SUPPLIER. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CRUISENAI IS NOT A PARTY TO THIS AGREEMENT, OTHER THAN TO ENFORCE ITS TRADEMARK AND OTHER RIGHTS, AND YOU AGREE IT HAS NO LIABLITY TO YOU, DIRECTLY OR INDIRECTLY, FOR ANY REASON, UNDER THIS AGREEMENT OR OTHERWISE. WE DISCLAIM ALL WARRANTIES THAT LICENSOR’S OR OUR WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM CRUISENAI OR US OR OUR RESPECTIVE SUPPLIERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE TRAVEL SUPPLIERS ARE INDEPENDENT CONTRACTORS AND NOT LICENSOR’S OR OUR AGENTS OR EMPLOYEES. NEITHER CRUISENAI NOR WE ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. NEITHER TRIPSYAI NOR WE HAVE ANY LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, OR OTHER CAUSES BEYOND OUR CONTROL, AND NEITHER TRIPSYAI NOR WE HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CRUISENAI NOR WE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CRUISENAI OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, DESPITE THE LIMITATION ABOVE, CRUISENAI OR WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCTS OR SERVICES PROVIDED TO YOU, THEN LICENSOR’S AND OUR LIABILITY WILL, IN THE CASE OF EACH SUCH PARTY, NOT IN ANY EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE FEES YOU PAID TO US FOR SUCH PRODUCTS OR SERVICES, OR (B) US$100.00.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ADDITION, THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABLITY PROVISIONS IN THIS SECTION INURE TO THE BENEFIT OF OUR AFFILATES AS WELL AS CRUISENAI AND ITS AFFILIATES.
Comments
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Media
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Cookies
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Embedded content from other websites
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These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Who we share your data with
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How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where your data is sent
Visitor comments may be checked through an automated spam detection service.
Health Protocols & Advisories
Each supplier has specific health and safety requirements you must meet in order to cruise. This may include a mandatory pre-boarding health screening, requiring all adult guests who are traveling on specific ships and/or destinations be fully vaccinated against COVID-19 and/or proof of negative SARS-CoV-2 RT-PCR test result (in addition to proof of vaccination). Requirements for guests under the age of 18 vary by supplier.
Health and safety protocols are continually being evaluated and updated as public health standards evolve. Suppliers reserve the right to make changes to their health and safety requirements at any time. It is your responsibility to review and understand the latest requirements as they are updated by the supplier. By making your final payment, you acknowledge and agree to meet the supplier’s health requirements at the time of your cruise. Make sure to at least 60 days prior to travel for more information on the latest health requirements by supplier, ship and destination.
Suppliers may deny boarding to anyone who has not met the latest health requirements as determined by the supplier at the time of travel. In addition, any guests who are exhibiting symptoms of communicable disease(s) including COVID-19 or whose health screening results show they may have contracted such disease(s) may not be able to cruise. Boarding may also be denied to those whom they deem to be in close contact, or in the traveling party of, any guest exhibiting symptoms of communicable disease, including some or all of that guest’s traveling party.
NOTICE: The U.S. Centers for Disease Control and Prevention publishes travel advice, warnings and recommendations related to COVID-19, including for travel on cruise ships, which you should consult at the CDC’s website at cdc.gov/travel/notices before confirming a reservation. If a certain threshold level of COVID-19 is detected onboard the ship during your voyage, the voyage will end, the ship will return to the port of embarkation, and your subsequent travel, including your return home, may be restricted or delayed. Due to evolving health protocols, imagery and messaging may not accurately reflect onboard and destination experiences, offerings, features, or itineraries. These may not be available during your voyage, may vary by ship and destination, and may be subject to change without notice.