Arabella ASA Vacations Ticket Contract
Arabella (“Vessel”) is the flagship of Manhattan Yacht Club, Inc (“MYC”). MYC offers sailing vacations (“Vacation”) on Arabella to guests (“Guest”). American Sailing Association (”ASA”) offers these sailing vacations to its members and non-members.
The term "MYC" shall include the Vessel, its owners, operators, employees and agents provisions.
The term "Guest" shall include the person who has booked a Vacation on the Vessel.
The term “Master” shall include the USCG-licensed Captain of the Vessel or his or her designee.
The term "Cruise Fare" means the amount paid for the Vacation which includes; three dinners, and all breakfasts and lunches but no other charges such as alcohol and gratuities.
TERMS AND CONDITIONS
CRUISE FARE PAYMENT SCHEDULE
Annapolis Embarkation date: September 25, 2022 40% of the amount of the fee for the class of stateroom you have chosen is due upon the execution of this agreement “Arabella Vacations Ticket Contract”. The remaining 60% is due 45 days before the embarkation date. Final Payment is due date: August 10, 2022.
FEE STRUCTURE
Owner’s Stateroom: $6,900 per cabin ($3,450 per passenger) based upon double occupancy;
Premium Stateroom: $6,200 per cabin ($3,100 per passenger) based upon double occupancy;
Deluxe Stateroom: $5,800 per cabin ($2,900 per passenger) based upon double occupancy;
Double Stateroom: $4,250 per cabin ($2,125 per passenger) based upon double occupancy.
Single Stateroom: $2,750 per cabin ($2,750 per passenger) based on single occupancy.
In consideration of the receipt of the full Cruise Fare, MYC agrees to board Guest on their Vacation on the terms and conditions stated below. Guest shall provide a signed copy of this Contract before boarding Arabella.
1. NATURE OF CRUISE AND GUEST’S OBLIGATIONS
(a) Guest acknowledges a full understanding of the character of the Vessel and assumes all risks inherent with sailing and taking a Vacation on this Vessel.
(b) Vessel visits numerous islands and Guest assumes responsibility for his or her own safety and understands that MYC & ASA cannot guarantee Guest's safety at any time.
(c) Guest acknowledges and agrees to abide by the terms and conditions of this Ticket Contract.
2. FITNESS TO TRAVEL & SPECIAL NEEDS
(a) Guest warrants that he or she is physically fit to travel at the time of embarkation and is required to notify MYC & ASA in writing at the time of booking the Vacation of any physical disability or medical condition which may require special assistance during the voyage. Failure to do so will release MYC & ASA from any liability for loss, damages or other compensation arising from such disability or condition.
(b) MYC, ASA and the Master each reserves the right to refuse passage, disembark or confine to a stateroom any Guest whose physical or mental condition, or behavior would be considered in the sole opinion of the Master to constitute a risk to the Guest's own well-being or that of any other Guest or crew member. MYC, ASA and the Master reserve the right to disembark any guest whose behavior affects the comfort, enjoyment, safety or well-being of other guests or of any crew.
3. TRANSFER OF VACATION TICKET
This ticket is valid only for the Guests and cannot be transferred without MYC’s or ASA’s written consent. The acceptance or use of this ticket by the Guest shall be deemed an acceptance and agreement to all of the terms and conditions of this Ticket Contract.
4. RIGHT TO CHANGE CABIN ASSIGNMENT
Specific stateroom assignments are not guaranteed. MYC or ASA reserves the right to move Guest to a comparable stateroom for any reason.
5. TRIP INSURANCE & NO SHOWS
(a) MYC and ASA encourage Guest to purchase trip insurance through an independent third party. There are many sources for Trip Insurance readily available on the internet.
(b) Reservations will be held until 30 minutes prior to departure. No refunds will be made in the event of "no shows," unused tickets, partially used tickets, or cancellations received after the start of the cruise.
6. GUEST CANCELLATION POLICY
(a) The Cruise Fare shall be deemed to be earned when paid and not refundable except as stated herein. If a guest cancels a trip 60 or more days in advance, they will receive a refund of all monies paid ASA except 50% of the deposit. If a guest cancels a trip between 30 and 60 days, they will receive a refund of all monies paid except the full deposit. No cancelations are permitted within the final 30 days. If the guest fails to make an agreed upon payment when due, they will be charged a $15 late fee for each additional day. If the guest fails to make a payment after 10 days after it was due, their contract can be canceled and no deposits will be returned.
7. MYC + ASA RIGHT TO CANCEL OR CHANGE VOYAGE
(a) MYC & ASA have the right to cancel this Ticket Contract at any time without prior notice until the time of embarkation and shall thereupon return the full Cruise Fare to the Guest.
(b) The Vessel shall be entitled to change its voyage at the Master's discretion and for any reason including but not limited to safety, security, adverse weather, strikes, tides, hostilities, civil unrest, port closings, emergency debarkations of Guests or crew, mechanical breakdowns and governmental advisories or travel warnings. All such changes are considered as forming part of the Vacation. MYC & ASA shall have no liability to a Guest for any compensation or other damages in such circumstances.
(c) If the Vacation is hindered or prevented by war, hostilities, blockage, labor conflicts, strikes on board or ashore, breakdown of the Vessel, docking difficulties or any other cause whatsoever, the Guest and baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call, at which time the responsibility of MYC & ASA shall cease. If the number of days of the Vacation is not complete and Guest are disembarked, a proportionate part of the Cruise Fare will be refunded to the Guest.
8. BAGGAGE, PERSONAL PROPERTY & PROHIBITED ITEMS
(a) Space on the Vessel is at a premium. Guests should only bring the minimum amount of luggage which must be kept in the Guest’s room. MYC & ASA has advised Guests to pack light and use soft or foldable luggage.
(b) MYC & ASA assume no responsibility for a Guest’s personal belongings during the Vacation including jewelry, money, cameras, documents or valuables of any description. Guests are advised not to bring any items of high value on the Vacation.
(c) MYC & ASA shall not be liable for any loss or damage to luggage; or any loss or damage of perishable items, medicine, liquor, cash, securities or other financial instruments.
(d) It is agreed that the aggregate value of Guest's property does not exceed $150. Any liability of MYC & ASA for any cause whatsoever with respect to said property shall not exceed such sum.
(e) No Guest is permitted to bring any pets or animals on the Vessel.
(f) Weapons, firearms, illegal drugs, contraband, ammunition, fireworks or other dangerous items are strictly prohibited aboard the Vessel. MYC reserves the right to confiscate, destroy and/or turn over to authorities any items it deems in its sole discretion to be detrimental to the safety or comfort of any person. In compliance with US Coast Guard regulations,MYC has the right to search Guest's baggage and/or personal effects for any reason and at any time without notice. Any Guest who refuses a search or screening may be denied boarding or disembarked.
9. SHORE EXCURSIONS, TOURS AND OTHER SERVICES
Guest acknowledges that all shore excursions, tours and other services are operated by independent contractors. MYC & ASA, in arranging for excursions or tours, does so as a convenience for the Guest. Guests are free to use or not use these services. Guest agrees that MYC & ASA assume no responsibility, do not guarantee performance and shall not be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Guest, property or effects in connection with said services. Guests use the services of all independent contractors at the Guest's sole risk.
10. WATERSPORTS RELEASE AND WAIVER OF LIABILITY
To participate in any watersports organized by Vessel, Guest must sign an additional Watersports Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement. Guest agrees not to participate in any water sport without signing this agreement.
11. USE OF GUEST'S LIKENESS
MYC, ASA and/or its promotional partners have the exclusive right to include photographic, video and other visual portrayals of Guest in any medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Guest, and all rights, title and interest therein shall be MYC’s & ASA’s property.
12. COMPLIANCE WITH RULES, SMOKING, ILLEGAL ACTIVITY
(a) Guest agrees during the course of the voyage to follow the directions of the ship's Master, or his or her authorized officer.
(b) Guest agrees in all ports of call to return to the Vessel not less than 30 minutes before the scheduled departure time. Any costs associated with transporting Guest to rejoin the vessel shall be for the account of Guest.
(c) Smoking is strictly prohibited in all areas inside the Vessel. Guest agrees to fully comply with this non-smoking policy. Guest further acknowledges and agrees that any violation of this policy shall, in the sole discretion of MYC & ASA, constitute a material breach of this cruise contract. In the event of such breach, Guest forfeits all rights hereunder, including the right to remain on board. MYC & ASA reserve the right to disembark the Guest, at any port and shall not be liable for any refund or other compensation or damages whatsoever to any Guest disembarked pursuant to this provision, or who disembarks because another Guest is so disembarked.
(d) Vessel is a USCG inspected vessel and has a "zero tolerance" policy toward any use of illegal drugs onboard or other illegal activity or behavior by Guests aboard. Any use of illegal drugs aboard will result in the Guest being disembarked from the Vessel.
13. GUEST'S OBLIGATIONS FOR EXPENSES IF CONFINED, DENIED BOARDING OR DISEMBARKED
If Guest is denied boarding, confined to a stateroom or disembarked from the vessel pursuant to any provision of this contract, MYC or ASA will not be liable for any refund of Cruise Fare, other compensation or any damages. Disembarkation and repatriation to the embarkation port or any other destination will be at guest's sole expense.
14. GUEST'S REIMBURSEMENT FOR DAMAGES
Guest shall be liable for and reimburse MYC & ASA for any damage he or she causes to the Vessel, its furnishings, operations or equipment.
15. TIME LIMITS FOR CLAIMS
MYC & ASA shall not be liable for any claims whatsoever, other than for personal injury or illness of the Guest unless full particulars are given in writing to MYC within 30 days after the Guest is landed from the Vessel
16. ENTIRE AGREEMENT
(a) This Ticket Contract constitutes the entire agreement between MYC, ASA and Guest and supersedes all other agreements, oral or written. Any alteration of this Ticket Contract must be in writing and authorized by MYC and ASA. (b) Should any provision of this contract be contrary to or invalid by virtue of the law of the jurisdiction in which this contract is sought to be enforced or be so held by a court of competent jurisdiction, such provision(s) shall be deemed to be severed from the Contract and of no effect and all remaining provisions herein shall be in full force and effect and constitute the Contract of Carriage.
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