SMALL SHIP TRAVEL, LLC

WEBSITE TERMS OF USE AND LIMITATION OF LIABILITY AGREEMENT

THE COMPANY STRONGLY ENCOURAGES YOU TO READ THE FOLLOWING PRIOR TO USING THIS SITE.

Smallshiptravel.com ("SST" or "this Site") is owned and operated by Small Ship Travel, LLC, a Massachusetts limited liability company ("Company"). By accessing, browsing, or using this Site (on your own behalf and/or on behalf of the other members of your traveling party) you agree to the following terms and conditions, which form a legally binding contract between you and the Company ("Agreement"):

The terms "traveler, " "you, " "your, " "yours, " or "guest" means or refers interchangeably to the person accessing, browsing, or using this Site, and if more than one person travels, makes reservations, or receive services through the use of this Site, such terms shall also apply as such to all other persons.Additionally, by continuing to access, browse, or subsequently use this Site, you agree to be bound by any additional terms, guidelines, policies, restrictions, or rules that may be posted on this Site.IF YOU DO NOT AGREE TO ALL OR TO ANY OF THE FOREGOING, PLEASE DO NOT USE THIS SITE AND EXIT IMMEDIATELY.Third-party Information

The Company provides an online reservation booking system to you through SST. SST uses third-party cruise information, reservation and sightseeing resources that are provided as a convenience only to you and which were deemed to be reasonably accurate at the time of publication. SST is not responsible for third-party content and does not control the prices, stateroom or space availability, reservations process, deposit and payment policies, or customer service. All information is offered without warranty of any kind.

The Company acts solely as an independent sales agent for the travel suppliers ("Suppliers") named in your itinerary. The Company provides you travel and related services ("Services") including without limitation any tour operator, cruise line, hotel, airline, transportation services provider, motor-coach operator, conveyance operator, ground handler, carrier, accommodations provider, local operator, travel supplier, travel protection or insurance companies and all other such Suppliers. You agree that the Company is not responsible for any acts, errors, warranties, representations, breaches, negligence or omissions of Suppliers, their failure to provide Services or adhere to their own schedules, their failure to pay any refund or for any personal injury, death, property damage, or other loss or expense, accident, delay, inconvenience or irregularity which may be caused by the Suppliers or any other party or occurrence not under the Company's sole control, including a flight cancellation, delay, or missed connection that causes you to miss all or any portion of a trip.

The Suppliers providing the Services are independent entities and are not agents, employees, contractors, servants, partners, or joint ventures of the Company. All travel documents and/or travel arrangements issued by the Company are subject to the terms and conditions specified by the Suppliers and to the laws of the countries in which the Services are supplied. In the event that the terms and conditions of particular Suppliers are incorrect, modified, or missing you agree to be subject and bound to the correct terms and conditions of the respective Suppliers.

Furthermore, all information provided to SST from a third party - advertiser, freelance writer - or any other source is deemed to be accepted in good-faith as reasonably accurate. Although SST does periodically verify facts, quantities, prices, third-party guarantees, pictures, and any other variable information, it does not guarantee the validity and accuracy of this supplied information. By using SST's website, you acknowledge that this disclaimer frees SST from any liability whatsoever arising from inaccurate information concerning a product or service that is, or was, advertised on this website. You are further advised that ships advertised on the website are registered in Norway, Liberia, Great Britain, Netherlands, Panama, Bahamas, Gibraltar, Italy, France or other countries.

Travel Insurance

THE COMPANY STRONGLY ENCOURAGES YOU TO PURCHASE TRIP CANCELLATION AND INTERRUPTION INSURANCE AND ADDITIONAL HEALTH INSURANCE TO PROTECT AGAINST FINANCIAL LOSS FROM UNFORESEEN ACCIDENTS, ILLNESS, AND/OR LOSS OF BAGGAGE.

The Company has no special knowledge of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov, and click on "Travel Warnings." For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. You assume full and complete responsibility for all risks of travel and for complying with all laws of the country in the Itinerary.

The Company is not responsible for the decision of any insurer or insurance or administrator under the Travel Protection Plan (if travel insurance is purchased).

Visas, Passports, Vaccines

Obtaining travel visas, valid passports, vaccines and other health and entry requirements is your sole responsibility. Some countries require that your passport's expiration date be later than six months after the last date of travel, and some countries require that you have at least two blank passport pages. Any name change to airline tickets may require airline reservations to be cancelled and re-booked, and you agree to be responsible for any related expenses if the passenger names given to the Company are incorrect.

Discounts and Increases

Not every ship, nor every sailing is discounted. Discounts may be limited to select cruises, including holiday sailings. Call SST to find out about your cruise selection. SST is not responsible for last minute changes of price or itinerary by cruise line, or any errors or omissions in the content of this website. Some restrictions and cancellation penalties may apply.

Packages with airline and cruise components are subject to supplemental price increases that may be imposed by the supplier and/or government after you have completed your purchase. You hereby consent to any such price increases and authorize your credit or debit card to be used for them.

Promotions/Pricing

All promotions/pricing and cabin space is subject to availability at the time of booking and the prices shown or quoted on smallshiptravel.com are for REFERENCE purposes only. These rates are for new, individual bookings only. The actual price of your cruise may vary. Prices quoted and availability are NOT GUARANTEED until confirmed by the cruise line AND a deposit or full payment if required is made.

Offers shown are limited, time-sensitive and capacity controlled. Port charges (NCF), government fees and taxes, airfare, air taxes, ground transfers or other charges associated with the booking are not discounted. All prices are in US Dollars unless otherwise stated. Prices listed are per person, cruise-only, and are based on double occupancy. Lowest prices for inside cabins unless otherwise specified. Government fees and taxes are additional for all guests. Some specials link to "live" online pricing posted by the cruise line are used on the website for a particular ship and sailing date. As "live" price changes are made daily, the pricing you see today may differ from the prices noted above or on a previous visit to this website. Cruise lines require that guests under the age of 21 years must stay in the same stateroom and be accompanied by a parent, relative, or guardian 25 years or older. Some cruise lines age restrictions may vary. Passengers are responsible for obtaining all necessary travel documents including birth certificates, passports, visas or other kinds of documentation required to take a cruise.

All information, prices and availability listed on SST, or controlled websites, marketing materials, brochures and associated materials are subject to change without notice. You agree that the Company is not responsible for any typographical errors, itinerary errors or changes, incorrect prices or price changes or offer withdrawals listed the Company's owned and controlled websites or any content of an itinerary or travel reservation.

All discounts provided directly by SST are based on the actual cash value paid for the discounted travel, after any coupons, discounts or any other type of price reduction offers are claimed by a consumer or provided by any travel supplier. Taxes, government fees of any type, security charges or other miscellaneous charges imposed are not eligible for any discount.

Cancellations

SST is not responsible for unforeseen, last-minute cancellations or itinerary changes made by individual Suppliers; technical, hardware, software, or telephone failures of any kind; lost or unavailable Internet connections; or failed, incomplete, garbled, or delayed computer transmissions that may limit your ability to take part in any of the offers.

The Company reserves the right to cancel any paid booking or Services for any reason it deems necessary including errors and omissions of any party. You understand and agree that the Company's sole responsibility and liability in such an event will be a full refund of all of the monies paid in the purchase of the Services through the Company.

Intellectual Property, Ownership, and Restrictions on Use

By visiting SST, you acknowledge that the information, software, routines, design, text, images, look and feel, graphics and pictures published within the entire domain of www.smallshiptrave.com are owned or licensed by the Company and protected by copyright law. You are expressly forbidden to copy, reproduce, republish, upload, post, transmit, or distribute in any way any of the information or pictures without written permission from SST, unless you are the original author or owner of the material. Furthermore, modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights of the Company. The use of any such material on any other website or computer network environment without the prior written authorization from the Company is expressly prohibited.

Moreover, all logos, photographs, text, illustrations, artworks, designs, and other graphic materials, whether on the Site or in documents on the Site, are the property of the Company, its grantees, licensees, and others. Except as otherwise stated or allowed herein, the use of the any of the logos photographs, text, illustrations, artworks, designs, and other graphic materials, whether on the Site or in documents on the Site, without express prior written permission of the respective owner is strictly prohibited.

The names smallshiptravel.com, crossculturejourneys.com and Small Ship Travel, LLC are registered and/or unregistered trademarks and/or service marks of the Company. Other names and logos contained in this Site or in the Site Materials are trademarks and service marks of our affiliates, service providers, and travel companies, and shall not be used without the express written permission of the respective trademark or service mark owner.

Use of Your Image/Video

By uploading or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Links To Other Sites

The Site may contain hypertext links to other websites. Such links are provided for your convenience and are not intended as an endorsement by the Company of the organizations, person, or entities owning or operating those sites. The Company is not responsible for the content those sites contain, nor their privacy practices. Such other websites are maintained by third parties over whom we exercise no control. We expressly disclaim any responsibility for the content, products or services of such other websites.

Special Assistance/Accommodation

The Company will make reasonable efforts to accommodate the needs of our travelers; however, travelers needing special assistance for their personal needs must notify the Company at the time of booking for a determination of what assistance the Company can reasonably provide. In cases where the Company cannot accommodate a traveler's special needs, persons requiring this assistance must be accompanied by a companion who will be responsible for independently providing the needed assistance. The Company regrets that it cannot provide special individual assistance to travelers with special needs for ordinary daily activities, such as walking, dining, and other special needs. In no instance will contracted personnel or employees or agents of the Company physically lift or assist clients on to or off of transportation vehicles.

Your Personally Written Cruise Review

Any content contained within a travel review which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law, will be immediately deleted at the Company's sole discretion.

Legal Information
Disclaimer

THE MATERIALS IN THESE SITES ARE PROVIDED ON "AS IS, "WHERE IS," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THESE SITES WILL BE UNINTERRUPTED OR ERROR - FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE SITES IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, NON - INFRINGEMENT, OR OTHERWISE.YOU(AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SOME OF THE CONTENTS OR MATERIALS ON THIS SITE MAY BE AFFECTED BY CURRENT LEGISLATIVE, REGULATORY, JUDICIAL, OR OTHER DEVELOPMENTS WHICH ARE NOT REFLECTED HERE. WE ASSUME NO RESPONSIBILITY TO HAVE THIS SITE UPDATE FOR SUCH DEVELOPMENTS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE WEBSITES SHALL BE CONSTRUED TO BE AN OFFER TO SELL OR A CONTRACT UNTIL A BOOKING IS CONFIRMED IN WRITING AND A DEPOSIT HAS BEEN MADE. THE COMPANY IS AN AGENT FOR THE TRAVEL SUPPLIERS IT DISTRIBUTES. ALL TRAVELERS ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE PARTICULAR SUPPLIER CONDUCTING THEIR TRAVEL ARRANGEMENTS.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall the company be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if the company or an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of the company to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Site.

Indemnity

You agree to defend, indemnify, and hold the Company and its affiliates, directors, officers, members, employees, agents, representatives, attorneys, successors and assigns, harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including reasonable attorneys' fees and litigation expenses, relating to or arising from your use of the Site, including booked travel, or information provided by the Company, or services obtained from the Site, or any arrangements you make through the Site or based on information obtained from the Site, or any breach by you of this Agreement.

The Company makes no representation that the Site, services or information on the Site is appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so, on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

You understand and hereby agree to submit any and all claims in writing to the Company within 30 days after the completion of the trip, and to file any suit against the Company no later than one year after completion of the trip, and that the failure to timely do so shall result in the forfeiture of the right to such claim.

In no event, shall the Company be liable for other than compensatory damages and you hereby expressly and knowingly waive any right to incidental, consequential, and/or punitive damages.

Governing Law and Venue

You agree that any action or claim at law or in equity arising out of or relating directly or indirectly to the Services and to this Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to any conflict of laws provisions. Any such action or lawsuit shall be filed only in the state or federal courts of Suffolk County, Massachusetts.

As part of the consideration and for value received pursuant to this Agreement, you and the Company agree that any legal action or proceeding under or with respect to this Agreement shall be brought in the above-mentioned courts. For the purpose of any such legal action or proceeding, you hereby irrevocably consent in advance and voluntarily submit to the personal jurisdiction of such courts. You hereby agree not to raise and waive any objections to or any defense based upon the venue of such courts and any objection or defense based upon an inconvenient forum. You also agree not to bring any legal action or proceeding under or with respect to this Agreement outside the above named courts.

Severability and Waiver

If any provisions of this Agreement or any parts thereof are found to be unlawful, invalid, or unenforceable, then that provision or part thereof shall be deemed severable and struck from these terms and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect. If the Company does not act in relation to a breach by you or others of this Agreement, this does not waive the Company's rights to act with respect to subsequent or similar breaches. No employee, agent or representative of the Company has the authority to modify, waive, or alter any provision of these terms and conditions.

Representations and Warranties

By accessing, browsing, and using this Site, you represent and warrant that: a) you are of sufficient legal age to use this Site and create legally binding obligations for any liability you may incur as a result of using this Site; b) you are responsible (financially and otherwise) for all uses of this Site by you and those using this Site under your ID and password; c) the information you supply via the Site shall be accurate and not misleading, deceptive or likely to mislead or deceive; d) you agree to prevent access or usage of this Site by minors under your name or account; e) you will use the services in this Site only to make legitimate reservations or purchases for you or another person for whom you are legally authorized to act; and f) you acknowledge that abuse of the services or reservation facilities of this Site may result in you being denied access to such facilities and possible legal action.

Account Termination/Suspension

The Company reserves the right to terminate a user or external link for any violation of our terms and conditions or other policies. If you fail to abide by this Agreement, the Company may suspend or eliminate your account, and remove any information you have placed on this Site. The Company may also take any legal action we deem appropriate. If your violation of this Agreement causes harm to others, you agree to indemnify and hold the Company harmless against any liability for that harm.

Force Majeure

The Company shall not lose any rights hereunder or be liable to you for damages or losses, on account of failure of performance by the Company if the failure is the result of an Act of God (e.g., fire, flood, inclement weather, epidemic, or earthquake) war or act of terrorism, including chemical or biological warfare; labor dispute, lockout, strike, embargo; governmental acts, orders, or restrictions; failure of suppliers or third persons; or any other reason where failure to perform is beyond the reasonable control, and is not caused by the negligence, intentional conduct or misconduct of the Company. You must provide written notice of the force majeure event to the Company within three (3) business days of such event.

Miscellaneous

  • Check Your Itinerary: As soon as you receive your booked itinerary, check it thoroughly to make sure it is correct as to names, dates, times, fares, and rates.
  • Reconfirmation: Schedule changes are quite common today. The Company urges you to re-check exact flight times prior to departure and prior to your return.
  • Package Trips: If you book a trip, the Company must collect the tour operator's or cruise line's deposit when reservations are made. The amount of the deposit, the refund allowed, and the times for canceling vary according to the tour operator or cruise line. The Company does not endorse or recommend any particular tour operator or cruise line; our role is strictly limited to facilitating the booking. After you finish your booking, the Company will send you any agreement required by the travel services supplier, along with a request that you sign that agreement and return it to the Company. In the event of any inconsistency between that agreement and this Agreement, the latter shall govern.
  • Charter Trips: If your package trip involves a charter flight or if your vacation involves an air-only charter flight, federal regulations require that you also sign the charter operator's participant agreement, which will be mailed to you. It is extremely important that you realize that, for charters:
    • Departure times (both going and returning) can change at the last minute. These delays may be as much as 48 hours (approximately two days late).
    • Your flight may be advertised as non-stop; however, the operator may legally change the routing and make intermediate stops at the last minute.
    • The charter operator may legally-substitute types of aircraft and even airline at the last minute. Charter aircraft are generally not as comfortable as the scheduled aircraft.
    • The charter operator generally takes no responsibility for baggage. It is not unusual to have luggage misplaced or lost.
    • Charter trips have very stiff cancellation penalties. No one plans a trip with the idea of canceling; however, sometimes that becomes necessary and you must understand what to expect or not to expect in the way of refunds.
    • Usually, no frequent flier miles are accrued.
    • Advance seat assignments are frequently not available.
  • Final Payment: For all vacation trips, you must have made full payment before we release the tickets or documents.
  • Non-Use of Coupons: In the event that you purchase a ticket or tickets containing flight coupons that you may or may not use, the Company does not guarantee that the airline will honor the ticket or rickets, and you agree to indemnify the Company against airline claims for the difference between the full fare for your actual itinerary and the value of the ticket that you purchased.
  • Foreign Currency: Currency rates quoted on this Site or on a link, if any, are based on various publicly available sources. Rates are not verified as accurate, and actual rates may vary.
  • The Company reserves the right, in its sole discretion, to decline to do business with anyone on a non-discriminatory basis.
  • If there are any conflicts between this Agreement, the reservation form, and the itinerary, this Agreement shall apply.
  • General Provisions: Headings are for reference purposes only. You agree that no agency, employment, partnership, or joint venture relationship exists between yourself and the Company as a result of your usage of the Site. Your use of the Site is the only indication necessary to evidence your full agreement with this Agreement.

Contact

If you have any questions, comments, or concerns regarding this Site, or this Agreement, please e-mail Small Ship Travel, LLC at ajain@smallshiptravel.com. You can also contact us via regular mail at: 12 White Pine Road, Amherst, MA 01002-3469, or call us at 1 800 491-1148.


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