Terms & Conditionsshare
Upon the first to occur of passenger’s deposit or receipt of a confirmation letter of Blount Small Ship Adventures, Inc. (“BSSA”) or of a ticket or boarding pass by passenger or his/her agent or passenger boarding the vessel, the following terms and conditions shall form the sole and exclusive contract between passenger and/or his/ her agent and BSSA with respect to passenger rights and obligations while in transit to, awaiting boarding of or onboard the vessel, or while onshore or otherwise, and compliance by passenger herewith shall be a condition precedent to passenger’s being permitted on board the vessel. This contract shall not be modified except in writing signed by an executive officer of BSSA.
RESPONSIBILITY: BSSA shall not be liable for loss of life, personal injury, damage, expense, loss or delay from whatsoever cause suffered by passenger while off the vessel. Travel (including but not limited to air tickets), shore excursions, tours and other off-vessel activities and accommodations are arranged only as a convenience to passengers. BSSA serves solely as an agent for sale of tickets for same, and the ultimate control and responsibility for same are exclusively with passenger and the provider. BSSA does not own or control any such providers and cannot assure the level of their performance, such providers being independent contractors (and not agents, employees, partners or joint venturers of BSSA). BSSA shall not be liable for injury, damage, expense, loss or delay from whatsoever cause suffered by passenger relating to air or other travel, excursions, tours, or accommodations or the selection thereof. BSSA’S RESPONSIBILITY DOES NOT EXTEND BEYOND THE VESSEL.
FARES AND CHARGES: All prices are based on U.S. dollar current exchange. BSSA reserves the right to increase published rates, including but not limited to assessment of fares and charges in effect at the time of departure, without prior notice. However, fully paid or deposited passengers will be protected, except for port charges, fuel sur- charges, government taxes and other surcharges which are subject to change without notice. Fares includes vessel transportation, meals, snacks, soft drinks and set-ups, built-in berths in an air-conditioned/heated and carpeted cabin with linens, pillows, blankets and towels provided. Gratuities are not included, and are at passenger’s discretion.
CHANGES IN ITINERARY: BSSA reserves the right to cancel, change or substitute any itinerary, vessel, port, schedule, accommodation, lodging, tour, excursion or duration of trips at any time and for any reason whatsoever without prior notice (including but not limited to reducing or extending days of a trip or to continue or finish a trip by bus or other transportation) and shall not be liable for any loss to guests by reason of such cancellation, change or substitution. Reservations are subject to change in the event of a ship charter. In the event of cancellation of a tour or excursion, passenger shall only be entitled to a refund of deposits actually paid to BSSA.
DOCUMENTS, HEALTH, CONDUCT: Passenger shall comply with government travel requirements, shall possess and shall present exit, entry and other necessary docu- ments, and shall arrive aboard vessel by time fixed by BSSA. Passenger represents and warrants that he/she is fit to travel and that his/her conduct will not impair safety of vessel nor inconvenience other passengers. BSSA, at its discretion and at any time, may refuse to transport or may land any passenger at any port of place, or transfer passenger to other means of transportation because of health or physical condition or conduct inconveniencing other passengers. Passenger hereby releases BSSA from any and all liability for injury or damage connected with the trip caused by pre-existing illness or disability. BSSA shall have no responsibility or obligation to provide special services or equipment other than services or equipment required by law. Passenger agrees to abide by all BSSA rules and regulations and all orders and directions of vessel’s officers. Passenger, in interests of international security, safety at sea and convenience of passengers, agrees and consents to a reasonable search being made of his/her person, baggage or property, and to removal and confiscation or destruction of any object which may, in opinion of BSSA, impair safety of vessel or inconvenience other passengers. Any and all losses, expenses, damages or delays sustained by BSSA because of any act or omission of passenger, including but not limited to fines or penalties or duties or other charges incurred by BSSA and attributable to passenger’s failure to comply with regulations of vessel or any governmental authority, shall be paid to BSSA by passenger on demand. BSSA reserves the right to reject any person as a member of a tour or passenger on a charter.
LIABILITY (BAGGAGE, VALUABLES AND OTHER PROPERTY): It is highly recommended that passenger purchase a vacation protection policy covering baggage, contents and accidents. BSSA’s liability is limited to baggage contents and other per- sonal property to a maximum of $100 per adult passenger. BSSA cannot accept liability for loss or theft of money, jewelry or other valuables, or fragile or perishable items left in the cabin or public areas onboard. Passenger shall not carry as baggage or bring onboard weapons, explosives, flammables, dangerous or harmful articles of any kind, or illegal narcotics. Animals of any kind shall NOT be brought onboard.
USE OF LIKENESS/USE OF PHOTOS, VIDEOS OR RECORDINGS: BSSA shall have the exclusive right to include photographic, video and other visual portrayals of pas- senger in any medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without approval by or compensation to passenger, and all rights, title and interest therein (including but not limited to all worldwide copyrights therein) shall be BSSA’s sole property, free from any claims by passenger or any person deriving any rights or interest from passenger. Passenger hereby expressly agrees that he/she will not utilize any tape recording, video or photograph(s) of himself/herself, any other passenger, crew or third party onboard the vessel, or depicting the vessel, its design, equipment or any part thereof whatsoever, for any commercial purpose or in any media broadcast, or for any other non private use.
CLAIMS: Claims for loss of life, personal injury or illness must be received in writing by BSSA within six (6) months after the date of the injury, event, illness or death, giving rise to the claim. Any lawsuit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the injury, event, illness or death, and unless served on BSSA within (120) days after filing. Any other claim must be received in writing by BSSA within thirty (30) days after passenger has disembarked from the vessel or, in the case the trip is changed or cancelled, within thirty (30) days thereafter. Any lawsuit for such any other such claim must be filed within six (6) months after the incident occurs and unless served on BSSA within 120 days after filing. Written notice to BSSA shall be given at the following address: PO Box 368, Warren, Rhode Island 02885. In consideration for the fare paid, BSSA shall not be held vicariously liable for the intentional or negligent acts of any person not employed by BSSA nor for any intentional or negligent acts of BSSA’s employees committed while off duty or outside the course of scope of their employment. This contract shall be deemed made in and shall be governed by the laws (except conflict of law rules) of the State of Rhode Island, USA, and all disputes and matters whatsoever arising under, in connection with or incidental to this contract or the trip shall be litigated, in and before a court located in Rhode Island, to the exclusion of the courts of any other county, state or country. Fail- ure to comply with these terms shall completely bar any such suit or claim. Regardless of any contrary term herein, BSSA is entitled to the full benefit of all rights, immunities, conditions to and limitations of liability, defenses, exemptions and exoneration from liability to which a ship owner would be entitled, including but not limited to as set forth in all statutes of the United States of America, as well as restrictions or exemptions from liability, when applicable, under the laws of any foreign nation, which along with all rights hereunder shall auto-matically inure for the benefit of vessel’s owner, vessel’s master, officers, crew members, contractors, builders, designers, repairers, stevedores, longshoremen, representatives, agents or servants of BSSA, except as may be incon- sistent with statutes of the United States of America. These terms apply to all claims, legal actions, lawsuits, proceedings and litigation of any kind, whether against BSSA “in peronam” or vessel “in rem” or otherwise, whether in transit to, awaiting boarding of or onboard the vessel, or on shore or otherwise. In no event shall BSSA be responsible for incidental, indirect, consequential, special or penal damages. BSSA may enforce this contract by any legal means, including but not limited to injunctive relief.
CANCELLATION CHARGES: All reservations are subject to a minimum $75 per person cancellation charge. Passengers may cancel subject to the charges listed below. Cancellations must be confirmed in writing by the passenger or travel agent prior to departure to be considered valid.
Cancellation fees per passenger from date of departure are as follows:
60 days or more: $75
59 days - 45 days: 25% of fare
44 days - 30 days: 50% of fare
29 days - 11 days: 75% of fare
10 days or less: 100% of fare