Blount - Small Ship Adventures

Upon the first to occur of the passenger’s deposit or receipt of a confirmation letter of Blount Small Ship Adventures, Inc. (“Company”) or of a ticket or boarding pass by passenger or his/her agent, the following terms and conditions form a contract between the passenger and Company with respect to passenger rights and obligations while in transit to, awaiting boarding of, onboard the vessel, while onshore, or otherwise, the terms of which are as follows and shall be the sole and exclusive contract between Company and the passengers and/or his/her agent, and shall not be modified except in writing signed by an executive corporate officer of Company.

RESPONSIBILITY

Company shall not be liable for loss of life, personal injury, damage, expense, loss or delay from whatsoever cause suffered by a passenger while off the vessel. Shore excursions, tours and other off-vessel activities, travel and accommodations are arranged only as a convenience to our passengers. Company serves solely as an agent for the sale of tickets for excursions and tours. The ultimate control and responsibility for airline tickets, off-vessel tours, excursions, other activities, travel and accommodations are exclusively with the passenger and the provider. Company does not own or control any excursion, tour, travel or accommodations providers, cannot assure the level of performance by such providers, such operators being independent contractors (and not the agent, employee, partner or joint venturer of Company), and the Company shall not be liable for injury, damage, expense, loss or delay from whatsoever cause suffered by a passenger relating to air excursions, tours, travel or accommodations or the selection thereof. THE COMPANY’S RESPONSIBILITY DOES NOT EXTEND BEYOND THE VESSEL.

FARES AND CHARGES

All prices are based on U.S. dollar current exchange. Company
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 surcharges, government taxes, and other surcharges which are subject to change without notice. Fare 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.

FEDERAL MARTIME COMMISSION PROTECTION

Under Public Law 89-777, the FMC requires vessels having berth or stateroom accommodations for fifty (50) or more passengers and which embark passengers from U.S. ports to maintain acceptable evidence of financial responsibility to indemnify passengers for nonperformance of transportation. Blount Small Ship Adventures is in full compliance with this law.

CHANGES IN ITINERARY

Company reserves the right to cancel, change, or substitute any itinerary, vessel, port, schedule, accommodation, lodging, tour, excursion, or duration of voyages at any time and for any reason whatsoever without prior notice (including but not limited to reducing or extending days of a voyage or to continue or finish a voyage by bus) 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 full ship charter. In the event of cancellation of a tour or excursion, passengers shall only be entitled to a refund of deposits actually paid to Company.

DOCUMENTS, HEALTH, CONDUCT

Passenger shall comply with government travel requirements, shall possess and shall present exit, entry and other necessary documents, and shall arrive aboard vessel by time fixed by Company. 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. Company, 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 because of conduct inconveniencing other passengers. Passenger hereby releases Company from any and all liability for injury or damage connected with the voyage caused by pre-existing illness or disability. Company 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 Company rules and regulations and all orders and directions of vessel’s officers. Passenger, in interests of international security, safety at sea and convenience of the 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 Company, impair safety of vessel or inconvenience other passengers. Any and all losses, expenses, damages or delays sustained by Company because of any act or omission of passenger, including but not limited to fines or penalties or duties or other charges incurred by Company and attributable to passenger’s failure to comply with regulations of vessel or any governmental authority, shall be paid to Company by passenger on demand. Company 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 all passengers purchase a vacation protection policy covering baggage, contents and accidents. Company’s liability is limited to baggage contents and other personal property to a maximum of $100 per adult guest. Company cannot accept liability for loss or theft of money, jewelry or other valuables, or fragile or perishable items left in the stateroom or public areas onboard. Passengers shall not carry as baggage or bring onboard weapons, explosives, or flammables or dangerous or harmful articles of any kind including illegal narcotics. Animals of any kind shall NOT be brought onboard.

CLAIMS

Claims for loss of life, personal injury or illness must be received in writing by Company within six (6) months after the date of the injury, event, illness or death, giving rise to the claim. Suit 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 Company within (120) days after filing. Any other claim must be received in writing by Company within thirty (30) days after you have been landed from the vessel or, in the case the voyage is abandoned, within thirty (30) days thereafter and any lawsuit for such a claim must be commenced within six (6) months after the incident occurs and unless served on Company within 120 days after filing. Written notice to Company shall be given at the following address: PO Box 368, Warren, Rhode Island 02885. In consideration for the fare paid, it is agreed that Company shall not be held vicariously liable for the intentional or negligent acts of any person not employed by Company nor for any intentional or negligent acts of Company’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. It is agreed by passenger and Company that all disputes and matters whatsoever arising under, in connection with or incidental to the ticket contract or the cruise shall be litigated, if at all, in and before a court located in Rhode Island, U.S.A. to the exclusion of the courts of any other county, state or country. Failure to comply with these terms shall completely bar any such suit or claim. Regardless of any contrary term herein, Company 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 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 automatically 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 Company, except as may be inconsistent with statutes of the United States of America. These terms apply to all claims, legal actions, proceedings and litigation of any kind, whether against Company “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 Company be responsible for incidental, indirect, consequential, special or penal damages.