Please read the following terms & conditions carefully. Important contact terms limiting the time, manner and place passenger may make claims or file suit, and limiting carrier’s liability to passenger are contained.
The Terms and Conditions mentioned below are related to and form part of the passage contract ticket (the "Ticket") between all passengers (the "Passenger") and FRS – Fast Reliable Seaways, LLC (the "Carrier"), and the vessel stated on the first page (the "Vessel"). The Passenger agrees to the terms of this document, especially to the terms limiting time, place and manner in which to assert claims or file suit by accepting the Ticket.
By issuing the Ticket and in consideration of the fare stated on the first page, Carrier agrees to transport the person(s) named on the Ticket ("the Passenger") on the specific voyage ("the Voyage") on named or substitute vessels subject to the Terms & Conditions determined herein, and all regulations and rules of Carrier displayed in the Terminal, on board of the Vessel or otherwise recommended by Carrier to Passenger. Passenger accepts to be obliged by all its terms, conditions and limitations.
1. Limited Liability Of Carrier:
Carrier is not liable for damage, injury (including mental anguish), death, delay, illness or other loss to property or person of any kind caused by war, labor trouble, Act of God, governmental interference, fire, acts or threatened acts of terrorism, civil commotions, perils of the sea or other cause beyond Carrier’s reasonable control or any other act not shown to be caused by Carrier’s negligence. Carrier is not liable for mental suffering, emotional distress or psychological injury per U.S. law at 46 U.S. Code Section 30509 unless such is: (A) internationally inflicted by a crewmember or the owner, operator, agent or master; (B) the result of physical injury to the claimant caused by the negligence or fault of a crewmember; or (C) the result of the claimant having been at actual risk of physical injury, and the risk was caused by the negligence or fault of a crewmember or the owner, operator, agent or master. In no case Carrier shall be liable to the Passenger in respect of incidents taking place outside the Vessel or Carrier’s premises. Carrier shall be allowed to any and all liability limitations, rights applicable and immunities to it under the “Convention relating to the Carriage of Passengers and their Luggage by Sea” of 1976 (“Athens Convention”) which limits the liability of Carrier, if any, for death, loss, illness, damage and personal injury to Standard Drawing Rights (SDR) 46,666 as defined therein. If the Athens Convention is held not to apply as a matter of law, Passenger agrees to be obliged, as a matter of contract, by the Athens Convention as it has been amended by the Protocol dated March 29, 1990 ("Protocol"). As improved and outlined in the Protocol, the Athens Convention limits the liability of Carrier, if any, for death, loss, illness, damage and personal injury to 175,000 units of account per carriage. (Upon request a summary of the Athens Convention and Protocol is available for your review to Carrier’s offices or its representative at each boarding area.) Limitations and exemptions of liability provided in or authorized by the laws of the United States (including Title 46 U.S. Code Sections 30501-30502, 30504-30507 and 30511-30512), as well as any other applicable nation’s laws limiting Carrier’s liability may apply, if the Athens Convention is held not to apply, as a matter of law or of contract.
2. Claims Against Carrier.
Time Limits For Notice Of Claims For Injury, Death Or Illness: Any incident or accident that leads to illness, death or injury to a passenger must be reported immediately to a ship’s officer. If a written notice was not given within six (6) months from the day when the illness, injury, loss of life or bodily injury occurred, Carrier is not liable for any claim where 46 U.S. Code Section 30508 shall apply.
Time Limit For Commencing Suits: Within one (1) year from the date when the loss of life or bodily injury occurred, with valid service of process on Carrier within thirty (30) days after the end of such one-year period, suit to recover any claim against Carrier for loss of life, illness of bodily injury where 46 U.S. Code Section 30508 shall apply shall be instituted. Suit to recover on all other claims, including breach of contract, shall be filed within six (6) months from the Passenger's disembarkation.
Forum Selection And Trial: Irrespective of Passenger’s residence or of the place of Ticket sale, any matter or dispute, arising out of or relating to your passage, including but not limited to suits for death or bodily injury, if filed, must be brought and taken to court, if at all, before the U.S. District Court for the Southern District of Florida, to the exclusion of any other court in any other city, state or country. Not to assert any motion alleging inconvenient forum is accepted by Passenger. Any disputes shall be tried before a judge without a jury as an admiralty claim pursuant to rule 9h of the federal rules of civil procedure.
Arbitration And Time Limit for Notice Of Other Claims: Any and all other claims, controversies or disputes whatsoever, except illness, death or personal injury of a passenger, between Carrier and Passenger, transport or Vessel, including claims not governed by 46 U.S. Code Section 30508 whether based on loss of or damage to baggage, tort, constitutional or other legal rights, including but not limited to alleged violation of civil rights, misrepresentation, breach of contract, statutory, consumer or privacy laws, discrimination or any other losses, expenses or damages, relating to or in any way arising out of or connected with this Voyage or contract, no matter how described, pleaded or styled, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the enforcement and recognition of foreign arbitral awards (New York 1958), 21 U.S.T. 2517 (“The Convention”) and the U.S. Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in Miami, Florida to the exclusion of any other forum. The arbitration shall be administered by the American Arbitration Association under its commercial dispute resolution rules and procedures, which are necessary to be incorporated herein by reference. Following address may be used for any question about the arbitration administrators mentioned above: American Arbitration Association, Miami Regional Office, 100 SE 2nd Street, Suite 2300, Miami, Florida 33131 USA, tel. (305) 358-7777. Neither party will have the right to a jury trial nor to engage in prearbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court. The decision made by the arbitrator will be final and binding and also other rights that Passenger or carrier would have in court may not be available in arbitration. An award rendered by an arbitrator may be entered in any court having jurisdiction under the convention or FAA. In any such arbitration, Passenger and carrier further agree to permit the taking of a deposition under oath of the Passenger asserting the claim, or for whose benefit the claim is asserted. In case this provision is deemed unenforceable by court or an arbitrator of competent jurisdiction for any reason, then and only then the provisions of this Section 2 above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Section 2.
Vessel and Carrier are not liable for any claim for loss of or damage to baggage, personal belonging or valuables, or any other claim, cause of action, expenses, loss, damages or any other circumstance arising from the Voyage or contract not governed by 46 U.S. Code Section 30508, however pleased and styled and Passenger may not declare any claim against Vessel or Carrier, nor will Vessel or Carrier be liable for any such cause of action or claim, unless (I) claims for damage or loss to baggage are given in written notice including full particulars of the claim to Carrier at its office on the day of disembarkation or within 15 (fifteen) days of disembarkation in the event the loss of or damage to baggage is not obvious, and Carrier shall not be liable for the loss of or damage to baggage, personal belongings or valuables unless at the time the Passenger reports it, Carrier is allowed to ascertain the extent of the loss or damage, or (II) any and all other such claims are delivered in written notice to Carrier within thirty (30) days following result of the Voyage, and valid notice of such arbitration is served on Carrier within thirty (30) days following such six-month period.
Address For All Notices: Written notice as required herein shall be given to Carrier at FRS – Fast Reliable Seaways, LLC, Terminal H, Port of Miami, Miami, Florida 33132 USA.
Applicable Law: This Ticket contract shall be interpreted and enforced in accordance with the laws of the nation of the Vessel's registry, irrespective of conflicts of laws principles thereof, subject to general maritime laws of the United States.
Limitations, In Rem Actions: All actions, claims and suits no matter by whom instituted or made shall be refused in the event of failure to notify Carrier or make a claim or file suit as provided in this contract. Even though the Vessel may be registered under a foreign flag, these limitations shall be applicable although Carrier may be a non-resident or foreign corporation. These limitations shall be applicable both to suits brought in person against Carrier or in rem against the Vessel. Passenger hereby irrevocably accepts that the posting of a letter of undertaking from any of Carrier’s insurers shall constitute an adequate and appropriate form of security for the immediate release of the Vessel instead or arrest in case of an in rem proceeding against the Vessel or any substitute vessel.
Claims By Legal Representatives: In case of an illegitimate death claim or a claim by or on behalf of a legally minor or incompetent person, the time periods described above shall begin to run as follows: (I) Date of appointment of a legal representative for the minor or legally incompetent person, or the decedent’s estate (as the case may be); or (II) Three (3) years after the day of death or injury, as applicable.
Class Action Relief Waiver: Passenger hereby accepts that except as provided in the last sentence of this paragraph, Passenger may bring claims against Carrier only in Passenger's individual capacity. Passenger agrees that any arbitration or lawsuit against Vessel, owner or transport whatsoever shall be litigated by Passenger individually and not as a member of any class, as part of a class or representative action, and Passenger expressly accepts to waive any law entitling Passenger to participate in a class action, even if the applicable law provides otherwise. If the claim is subject to arbitration as provided in this Section 2 above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Passenger agrees that this section shall not be severable under any circumstances from the arbitration clause set forth in Section 2 above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration.
3. Nonperformance Or Delay:
Carrier has the right to choose not to sail or to return to port at any time without liability. Once the Passenger embarks at the pier, the Ticket price shall be fully earned. In the event the Vessel does not arrive at its destination port, the Passenger shall be entitled to free passage on a later sailing, but the full fare shall be earned upon departure from the embarkation port regardless of diversion, cancellation or delay. Carrier's maximum liability upon Voyage cancellation by Carrier shall be refund of the fare paid.
4. Documents, Health, Conduct And Search:
(A) Passenger represents and warrants that he has all valid and necessary documents for the travel. Also, Passenger guarantees he is fit to travel and that Passenger's conduct will not impair the safety of the Vessel or Passenger or inconvenience other passengers. Furthermore Passenger acknowledges that sea voyages includes certain risks, possible delay/impossibility of emergency medical evacuation or motion sickness. Carrier must be advised in respect to all persons with severe disabilities who seek to be Passengers. Applicable safety requirements may cause difficulties for severely impaired persons which are acknowledged by these persons. In regards to applicable law, Carrier or the master reserves the right, in their sole discretion, to refuse boarding to persons whose conditions may cause undue risk to themselves, other persons or the Vessel. As an advanced pregnancy after twenty-fourth (24th) week is seen as physical disability, expectant mothers or a traveling companion must, prior to boarding and upon request, advise Carrier of their condition and provide a medical certificate attesting fitness to travel. Carrier, at its discretion and at any time, reserves the right to refuse to transport or may land any Passenger at any port or place, or transfer the Passenger to other means of transportation, because of Passenger’s health or physical condition, because of requirement of proper documents, or conduct or circumstances inconveniencing other Passengers, crew or the Vessel. (B) Every adult Passenger traveling with any minor Passenger (under 18) shall be responsible for the conduct of the minor and deemed to be guardian of such minor for legal purposes and liable to Carrier for any act or omission of the minor. (C) At the time of booking, unaccompanied minors must be identified to Carrier and expressly accepted by Carrier and, in any case, are subject to all terms incorporated in this Ticket which shall apply between the parent or guardian of the minor, and Carrier. An extra fare for unaccompanied minors may be charged by Carrier. (D) Passenger agrees to abide by all rules and regulations posted by Carrier and all orders and directions of the Vessel's officers, or government or port officials. (E) Passenger agrees and hereby consents that any object which may, in the opinion of Carrier, impair safety, constitute a violation of law, or inconvenience other Passengers, crew or the Vessel may be removed or destructed. (F) Reasonable expenses of any kind, including duties, fines or other charges, attributable to the failure of the Passenger to comply with Carrier regulations or any governmental authority shall be paid by Passenger to Carrier upon demand. (G) Carrier shall have no obligation or liability of any kind to Passenger in respect to any action taken by Carrier in good faith under this contract, or for acts of authorities. (H) Proof of required visas and citizenship status must be presented upon request by all Passengers upon boarding and at all times after boarding. (I)On board, Passengers may not consume alcoholic beverages brought by them. Also, Carrier and/or concessionaires may refuse alcoholic beverage service to any Passenger in their discretion.
5. Notices And Payment To Agents:
In the event that the trip was booked through a travel agent or other intermediary (the “Agent”), Passenger agrees the Agent is the Agent of Passenger and not Carrier, and Carrier may give all notices to Agent. Unless the payment tendered by Passenger has been received and cleared by Carrier, this Ticket shall not be considered prepaid. Passenger remains liable for payment of the passage fare to Carrier, and notwithstanding Passenger's payment to Agent, Carrier may refuse passage.
6. Fare; Items Not Included; Refunds:
Fares always subject to change without notice. Fares not guaranteed until a reservation has been confirmed. Displayed fare includes passage only, excluding any beverages (alcoholic or non-alcoholic) or meals, evacuation or medical expenses, independent contractor or concessionaire services or goods, shore excursions or transportation, gratuities, fees, charges or tax. In case a credit card was used for payment, the same valid credit card must be presented at check-in. Carrier reserves the right to refuse passage to any Passenger not fully paid prior to departure.
If Passengers prepaid a ticket they may receive a refund, subject to the following reductions:
- Upon cancellation seven (7) or more days prior to scheduled departure: Twenty percent (20%)
- Upon cancellation between less than seven (7) days and forty-eight (48) hours prior to scheduled departure: Fifty percent (50%)
- For cancellation after forty-eight (48) hours prior to scheduled departure or upon Carrier's refusal to board Passenger for lack of documentation or any other reason set forth herein no refund is allowed except in discretion of carrier. In addition to the fare, the Carrier may collect a surcharge to include increases in port taxes and other taxes, service charges, wharfage, user fees or other impositions paid by Carrier.
- For special offers, no refunds are allowed.
If Cancellation occurs by FRS-Caribbean due to Weather or Operational Reasons, guests are able to re-schedule their sailing to next available sailing or future travel without a penalty. If unable to re-schedule, guest is able to cancel for a full refund. This change of dates or refund request has to be done within thirty (30) days of a cancelled sailing, otherwise ticket cost is forfeited.
If passengers prepaid a ticket, they may change their reservation with a charge of:
- Any changes made to a reservation outside 48 hours will have a penalty fee of US$50.00 per booking
- Upon changes between (48) forty-eight hours and two (2) hours prior to scheduled departure: Fifty percent (50%)
- Less than two (2) hours before scheduled departure or upon carrier's refusal to board passenger for lack of documentation or any other reason set forth herein, no changes are allowed except in discretion of carrier for modification. In addition to the fare, the carrier may collect a surcharge to reflect increases in port taxes and other taxes, service charges, wharfage, user fees or other impositions paid by carrier.
For special offers, no modifications are allowed or restrictions may apply.
7. Independent Contractors, Occurrences Not Aboard The Vessel, Tours, Etc.:
For acts or omissions in connection with or arising from services or products provided by independent concessionaires or contractors, Carrier shall have no obligation or liability of any kind to Passenger. Independent contractors' products or services contains: (A) products or services for Passenger’s convenience on board the Vessel or provided by any hairdresser, manicurist, entertainer, shopkeeper, barber, instructor, medical staff, casino or other concessionaire; and (B) transportation, products, services elsewhere than aboard the Vessel which are provided in connection with tours, tender service, hotels, package vacation, shore trips, use of terminal, excursions, transshipment, transportation by others, whether by air, rail, land or vessel, or the physical condition, health condition, safety or political circumstances of the ports of call and including criminal acts and acts of terrorism wherever occurring. Carrier acts only as agent for Passenger regarding the arrangement of any activity, accommodations, tour or carriage of the Vessel. In case of any medical care needed by Passenger, it is engaged directly by Passenger, and performed at Passenger’s instructions and risk.
8. General Requirements For Baggage:
(A) During the cruise/passage, one piece of hand luggage is permitted for use at no charge. All Passengers must be capable to carry their luggage in one trip to the Vessel. (B) Irrespective of the quantity of pieces, the Carrier reserves the right to charge for pieces in excess of two and for baggage weighting more than 26.5 lb. In luggage, only personal effects of the Passenger may be contained. (C) The Passengers are obligated to comply with any applicable regulations, tariffs, laws, conditions or terms of the port or any third party service provider. It is prohibited to take weapons, firearms, prohibited or controlled substances, or inflammable or hazardous items, or any contraband prohibited by local, state or national law or noxious or offensive items or apparel on board. Passengers shall indemnify Carrier for any damage or costs caused thereby. (D) Staff, namely Vessel's officers and crew, has the right to enter and search baggage, cabins or vehicles for any prohibited, hazardous or controlled substances. In case of delay, confiscation, detention, destruction or damage of possessions or baggage by authorities, or for theft or loss of goods, Carrier is not responsible. (E) Animals other than guide dogs for sight-impaired Passengers with required documentation in approved travel carriers shall not be brought aboard the Vessel. (F) Passenger's full name and address must be labelled on all baggage. Baggage must be securely packed and, if not claimed upon arrival of the Vessel, will be stored at Passenger's expense and risk, and shall be deemed abandoned if not claimed in ten (10) days. (G) Passenger agrees that carrier's liability for damage or loss to baggage, personal property or valuables, including vehicle, is, under all circumstances, limited to two hundred fifty dollars (US$250) per passenger. (H) Carrier shall not be liable for any loss of or damage to items in Passenger’s personal control such as jewelry, electronics, cameras, money, documents or any other personal property. Valuables and other goods may be carried but are solely at the Passenger’s own risk. We do not accept to carry as baggage or assume any liability for any loss of or damage to or delay of household goods, trade goods or furniture, medicine, perishable items, liquor, credit or debit cards, cash, jewelry, gold, silver, gems, precious metals, art, collectibles or similar valuables, financial instruments, securities, records or other valuable or business documents, cellular telephones, computers, cameras, electric wheelchairs, hearing aids, scooters, or other video or electronic equipment, binoculars, audio disks, DVDs or CDs, computer disks, videotape, film, tapes, or other articles specified in 46 U.S. Code Section 181. Carrier shall have no obligation in respect to the damage or loss to such property. For an additional fee for coverage up to five hundred dollars (US$500), these limitations may only be waived by Carrier in written form addressed to Passenger. Passenger agrees to a one hundred dollars (US$100) limit any claim for loss in the absence of such fee arrangement. Unless articles are accepted for storage and a receipt is signed by an officer of the Vessel. Carrier and Vessel are not responsible for safekeeping. Passengers are advised of availability of travel insurance to cover disruption or cancellation of the Voyage and protection of valuables.
9. Acts Of God, Strikes Or Other Conditions Beyond Control:
In case of delay or inability to perform, or other claim caused by or arising out of lockout, strike or labor difficulties whether or not Carrier is party thereto, or caused by or arising out of fire, explosion, stranding or loss of the Vessel, collision damage or breakdown to the Vessel or her machinery howsoever and wheresoever any of the same may arise or be caused, or civil commotion, insurrection, riot acts or threatened acts of terrorism, war, requisition of the Vessel, government orders, inability to secure or failure of supplies including fuel, adverse weather, storm, ice, act of God or other circumstances beyond Carrier's control, Carrier shall not be liable. Carrier shall in no case be responsible for punitive or consequential damages, lost profits or revenues.
10. Additional Passenger Obligations:
Passengers are obligated to comply with all applicable regulations and laws. Countries of embarkation or disembarkation may require, in regards to health, immigration and other laws, that Passenger hold a passport or other travel and health documents, obtain a certain visa, be inoculated, obtain parental consent or otherwise obtain documentation prior to entering or returning to a country. It is in the responsibility of the Passenger to take all steps as may be required to comply with these laws. All persons under the age of 21 must be supervised and accompanied by a parent or guardian of at least the age of 25. For Persons under the age of 21, it is not permitted to consume alcoholic beverages; parents and guardians are obligated to insure compliance with this requirement. Passenger will be required to reimburse Carrier for all expenses Carrier incurs as a result of the need to provide Passenger with evacuation, emergency or medical services, as a result of any misrepresentation made by Passenger, as a result of detention by immigration, port or health authorities, or as a result of any personal damage or injury caused by Passenger’s acts or omissions or the acts or omissions of any minor (under 21 years of age) traveling with Passenger. Carrier will have a lien for such expenses on Passenger’s baggage. Hotel and meal costs are Passenger’s responsibility if, due to weather or other unexpected reasons, flights are adversely impacted or Passengers are otherwise required to spend an additional night in a location.
11. Change Or Substitution:
Whether or not operated by the same Carrier, Carrier may substitute another vessel for the Vessel. The Vessel, or any substitute vessel may call at non-scheduled ports, in any order, or bypass or change ports or advance or delay the date and hour of embarkation or debarkation without any obligation or liability to Passenger. The United States as well as certain other countries may collect penalties or fines if a Passenger disembarks at a different port than final destination. Passenger agrees to reimburse for any penalty or fine collected by government authorities if Passenger elects to disembark at a different port than final destination for any reason, other than as required by Carrier.
12. Photographs And Images:
During the Voyage, Carrier and its agents or employees may take photographs or video or audio recordings. For commercial and advertising purposes, Passenger authorizes Carrier to make appropriate use of these recordings and images. Without previous consent in written form, Passengers may not sell or make any commercial use of recordings, images or photographs of the Vessel or Carrier’s logo.
13. Wireless And Communications Services:
If any wireless communications or internet connections are offered by Carrier, it is for convenience of Passengers only. Irrespective of whether Carrier charges any fee, the availability of service at any time, guarantee security or integrity of any such services or systems is not guaranteed by Carrier. Furthermore Carrier is not responsible, for any breach of personal or data privacy while using such services aboard or near the Vessel, and Carrier and any service provider are not liable for any loss or damage arising from such breach or any delay or unavailability of service. It is accepted by the Passenger that Carrier and any third party providing such services has the right, but not the obligation to monitor, intercept, record, and disclose any transmissions over or using services, and to provide billing, account, or use records, and related information concerning to all services as it deems appropriate in its sole discretion (e.g. in response to subpoenas, warrants, lawful process, orders, or to protect Carrier’s or service provider’s rights, property or Passengers).
14. Passage Contract Constitutes Entire Agreement:
All preceding agreements and understandings heretofore entered into between Carrier and Passenger, whether in written form or oral, and including material published by Carrier or others are superseded by and merged in this Ticket Contract. The agreement between Carrier and Passenger is completely expressed alone in the Ticket Contract. This contract is deemed to be created on the date the booking is made by or on behalf of the Passenger but in all events not later than the date this Ticket is issued by Carrier. The Ticket is only valid for the shown date, and, in addition, it is non-transferable. Only a director of Carrier may amend or waive any provision of this Ticket Contract. No amendment or waiver shall be effective unless in written form and signed by Carrier. Carrier’s failure or delay to assert any right hereunder as to any situation shall not be deemed a waiver of such right as to any other situation or at any later time. Any provision of this contract which is unenforceable or prohibited in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such unenforceability or prohibition and the validity and enforceability of the remaining terms and conditions of this contract will not otherwise be affected, nor will the validity and enforceability of such provisions be affected in any other jurisdiction.
15. Extension of Ticket Benefits:
All affiliates of Carrier agents, subcontractors, employees, insurers and concessionaires of Carrier shall have the benefit of the same rights, immunities, defenses and limitations available to Carrier set forth in this Ticket.