CARRIAGE TERMS AND CONDITIONS / PRIVACY STATEMENT
Passenger(s) and any person traveling with "Passenger" boarding the Vessel operated by "US" accepts on behalf of Passenger and all persons traveling under the same sale or with the paying party, all terms and conditions set forth herein and the acceptance of permission to board the Vessel constitutes an undertaking and acknowledgement of this Carriage Contract and its Terms and Conditions.
1. Definitions. As used herein, the following terms have the meanings set forth below:
- Passenger or Passengers(s) - means all persons traveling under the same sale or paying party, their heirs, successors, assigns and representatives. Either term when used is intended to include the plural, if applicable.
- WE/US/OUR - means SAIL SWFL Cruises, sailswfl.com., as well as any person or entity who owns the Vessel, Captain Bud, operating company or any other entity or person involved in any way with the Vessel and the carriage of passenger(s).
- Vessel - means the Vessel actually used for carriage of passenger(s), regardless of ownership.
2. Entry. In connection with entry on the Vessel, the following rules apply:
- Each adult Passenger is permitted to bring no more than two carry-ons aboard the Vessel. Passengers are prohibited from carrying aboard the Vessel controlled substances, weapons, firearms, explosives or other similar property or anything contained in glass. WE reserve the right to refuse to permit any Passenger to carry aboard Vessel any item WE deem inappropriate.
- All Passengers and carry-ons are subject to search at the sole discretion of US.
- WE reserve the right to deny passage to any Passenger, with or without a confirmation from US, that does not arrive a minimum of 15 minutes prior to a scheduled departure.
- WE do not permit household pets (dogs, cats, birds) aboard the Vessel without prior approval from US. WE must be advised of the transportation of pets at the time of reservation. Pets must be secured in their carriers or on a leash at all times. Passengers with working dogs must present credentials at the time of ticketing.
- Federal regulations prohibit US from carrying greater than six (6) total passengers per cruise.
- Passenger(s) agrees to follow all commands issued by the Captain of the Vessel or the Crew and that failing to follow such commands may subject the Passenger(s) to removal from the Vessel without refund.
- Failure of Passenger(s) to abide by any of these conditions gives US the right to deny Passenger(s) entry aboard the Vessel or to cause Passenger(s) to be removed from the Vessel at Passenger(s) expense.
3. Disclaimer of Warranties. Passenger(s) admits a full understanding of the nature and character of the Vessel and service WE offer. Therefore, ALL parties acknowledge and agree to the following:
- A. WE make no express warranty concerning the Vessel nor shall there be, and there is hereby disclaimed or express of implied warranties as to the seaworthiness, fitness, or condition of the Vessel or any food or drink served aboard the vessel.
- B. Passenger(s) shall be fully responsible for all medical care requested or required whether aboard or ashore, including the cost of any emergency medical care or transportation and acknowledges that WE are not required to and has not provided any medical personnel for the cruise and by entering on the Vessel, the Passenger(s) assumes all risks associated with the need or lack of presence of medical personnel or medical care aboard the Vessel.
- C. In connection with the cruise, Passenger(s) may reserve ground transportation, hotels, restaurants or similar activities or services, and some or all of these may be recommended by US. Passenger(s) acknowledge that the providers of such services are independent business entities, are not acting like agents or representatives of US and such recommendations may be made only for a Passenger(s) convenience. In no event shall WE be responsible or liable for any activities or services provided by such independent businesses and Passenger(s) assume the full risk or utilizing such independent businesses services.
- D. At its sole discretion and without liability therefore, WE reserve the right to substitute Vessels, modify or cancel trips at any time for any reason whatsoever, with or without prior notice. Whether passenger(s) or WE cancel a trip or portion thereof, refunds are limited by the terms of OUR refund policy. Passenger(s) are advised to refer to OUR refund policy for specific terms of refunds as applicable to the circumstances of refund.
- Water transportation aboard a Vessel may be or become uncomfortable. The motion which you will experience on the water may be unfamiliar or uncomfortable to you and may vary directly based on prevailing weather and sea conditions over which WE have no control. Passenger(s) with particular susceptibility to motion sickness, sea sickness, inner ear disorders, heart conditions or any similar conditions are encouraged to check with their physician prior to cruise. By entry aboard the Vessel, Passenger(s) warrants to US that they are fit for the cruise and water travel and that such travel will not endanger themselves or others.
4. Violation of Laws. Passenger(s), or if a minor or incompetent, their parent or guardian, shall be liable to and indemnify US for any fines or penalties imposed on US or the Vessel by any authorities for failure to observe or comply with any local and/or federal governmental laws or regulations. This indemnification shall include all costs and attorneys' fees incurred by US in connection with such actions.
5. Assumption of Risks. Passenger(s) assumes all risk of traveling aboard the vessel, including death, personal injury or any similar damage and agrees that WE shall have no liability for such events. Passenger(s) also agree and assume all risk of damage to or theft to luggage, loss or damage to any contents of the luggage and the loss of any jewelry, cash, negotiable paper, photographic/electronic/computer equipment or other valuables brought aboard the Vessel. In the event WE determine any liability for theft, loss or damage to personal property brought aboard the Vessel, such loss shall be limited to $300.00 per Passenger(s) unless Passenger(s) declares the true value in writing and pays US a nonrefundable fee of 5% of the amount that such value exceeds $300.00. In such event, if WE are determined to have liability, OUR liability shall be limited to true declared value, but not exceeding $500.00. Passenger(s) understands that WE have no provision for deposit or safe keeping of any property of Passengers(s) at any time during the cruise.
6. Exclusion of Liability; Limitation on Bringing Claims.
- This Passage Contract applies to claims, suits and litigation of any kind whether against US "in personam" or the vessel "in rem" or otherwise. It is agreed by and between the Passener(s) and US that any and all disputes and matters whatsoever including but not limited to claims arising under, in connection with, or incident to this contract, shall be litigated, if at all, in a court located in Ft. Myers, Florida or the United States District Court for the Middle District of Florida under the Court's Admiralty Jurisdiction 28 U.S.C. 1333, to the exclusion of any other county, city, state or country. Passenger(s) hereby waive any right to arrest pursuant to an in rem action or to otherwise detain any of OUR vessels in any jurisdiction.
- WE shall not be liable for any personal injury, illness or death of Passenger(s) unless written notice of the claim with full particulars is delivered to US or its duly authorized agent within 185 days after the date of injury, illness or death giving rise to the claim. Suit to recover any such claim shall not be maintainable unless filed within one (1) year after the date of the injury, illness or death, and unless served on the Vessel within 125 days after filing.
- The Vessel shall not be liable for any claims whatsoever other than for personal injury, illness or death, unless written notice of claim with particulars is delivered to US or its duly authorized agent within seven (7) days after the Passenger(s) shall be landed from the Vessel or in the case that the cruise is abandoned within seven (7) days thereafter. No suit whatsoever other than for personal injury, illness or death, including but not limited to claims for breach of contract, shall not be maintainable in any event unless filed within six (6) after the Passenger(s) shall be landed from the Vessel or in the case the cruise is abandoned within six (6) months thereafter and unless served upon US within 120 days after filing. All notices required hereunder shall be given to US in writing at: SAIL SWFL, ATTN: Captain Bud, 2500 Main Street, Fort Myers, Florida 33931.
- It is agreed by and between US and Passenger(s) that WE shall not be liable to Passenger(s) for damages for emotional distress, mental suffering or psychological injury of any kind under any circumstances, except to the extent such disclaimer is prohibited by 46 U.S.C. 1183C, B without limiting the preceding sentence, in no event will WE be liable to Passenger(s) for any consequential, incidental, exemplary or punitive damages.
- In addition to the restrictions and exemptions from liability provided in this contract, WE shall have the full benefit of any and all applicable laws providing for limitation and exoneration from liability and nothing in this contract shall limit or deprive US of the benefits of any other applicable statutes or laws of the United States of America or any other country or any international conventions providing for release from or limitation of liability including but without limitation all restrictions, exemptions, and limitations of the "Convention Relating to the Carriage of Passengers and their Luggage by Sea of 1974" as well as the protocol to and the "Convention Relating to the Carriage of Passengers and their Luggage by Sea of 1976" and any similar updated conventions which limits the liability of US for the death of or personal injury to Passenger(s) to no more than the applicable amount of Special Drawing Rights as defined therein, and all other limits on damages or loss to personal property.
- Except as otherwise provided herein WE shall not be liable for delay or inability to perform this contract or any part thereof caused by or rising out of strike, lockout or labor difficulties or shortages whether or not WE are a party thereto or explosion, fire, collision, standing or foundering of the vessel or breakdown or failure of or damage to the vessel or its hull or machinery or fitting howsoever and whatsoever any of the same may be caused, inability to secure or failure to obtain supplies including fuel, acts of God or other circumstances beyond OUR control. Passenger(s) agrees that its sole recourse or remedy for the cancellation of any cruise shall be the refund of the fare paid in accordance with OUR refund policy.
7. Coverage of Exclusions and Limitations. Passengers(s) acknowledges that the exclusions and limitations, disclaimers and claims barred relating to OUR liability and the Vessel set forth in the provisions of this contract are specifically intended and shall apply to and benefit all of OUR affiliates, subsidiaries, related parties, agents, independent contractors, concessionaires, suppliers, officers, directors and shareholders, any management company operating the cruise and the Vessel owner and that the Passenger(s) shall not sue any of these entities for any claim arising out of the purchase, sale, operation of a cruise, operation of the Vessel or any matters related thereto.
8. Entire Agreement. Passenger(s) do hereby acknowledge that this Carriage Contract, Terms and Conditions constitutes their full and final contractual arrangement with US for carriage and transportation on the Vessel and that these terms superceede any oral representations made concerning the cruise or the Vessel before or after purchase or confirmation of a cruise. There are no oral or implied agreements between Passenger(s) and US and Passenger(s) agree that this Carriage Contract can be modified only by a writing signed by OUR authorized officer.
Your privacy is very important to US. To assist in protecting your privacy, we adhere to the following guidelines:
- We work diligently to keep all information contained within SAILSWFL.COM ("this web site") up-to-date. However, rates, itineraries, articles and other information are subject to change and are for informational purposes only. WE assume no responsibility for errors or omissions; please verify all information with US via e-mail or by the telephone number provided on the web site.
- This web site contains links to web sites operated by parties other than US. WE do not control such web sites, are not responsible for their contents, activities or services provided and inclusion on OUR site does not necessarily imply any endorsement nor any association with their operators.
-This web site and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to this website.
- This web site will explicitly ask when it needs information that personally identifies our customers or allows it to contact our customers (“Personal Information”). When possible, this web site will provide our customers with the means to make sure that Personal Information is correct and current.
- This web site and its service providers use Personal Information to operate the sites, provide services, and to inform our customers of new features, services, and products. WE do not disclose or sell personal information to other individuals or businesses.
- This web site may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) comply with applicable laws or with legal process served on US or its operator(s); (b) protect and defend the rights or property of US or its operator(s), and (c) act under exigent circumstances to protect the personal safety of users of OUR website, the Vessel, its parent operator(s), affiliates, agents, employees, or the public.
Limitation of Liability: Neither WE nor any of OUR owner, employees, affiliates, Vessel operators or other representatives will be liable for damages arising out of or in connection with the use of this web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
OUR military discounts, vouchers and special offers are NOT for RESALE and NOT TRANSFERRABLE. WE and OUR owners, operators, employees, officers and shareholders in no event will be responsible or liable for the loss, misuse or misrepresentation of discounts, vouchers or special offers over the internet, electronic communication or any other means or methods. The purchaser assumes all responsibility of transaction and holds US harmless including any loss or damage including without limitation, incidental, consequential, exemplary or punitive arising from loss of data or profits arising out of, or in connection with the purchase of any of OUR services.