Love Like You Mean It® Marriage Cruise Participant Agreement

IMPORTANT NOTICE TO GUESTS. THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY FAMILYLIFE TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW.
NOTICE: THE ATTENTION OF GUEST IS ESPECIALLY DIRECTED TO SECTION V AND ITS SUB-PARAGRAPHS WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUEST TO ASSERT CLAIMS AGAINST FAMILYLIFE, ITS AGENTS AND EMPLOYEES, AND OTHERS, INCLUDING FORUM SELECTION AND TIME FOR FILING CLAIMS.

This FamilyLife Love Like You Mean It® Marriage Cruise Participant Agreement (the “FamilyLife Agreement”), is between the Passenger (“Guest”, “You”, “Your”) and FLTI, an Arkansas nonprofit corporation d/b/a FamilyLife (“FamilyLife”, “Us”, “We”). References to Passenger, Guest, You, and Your reference every person under a reservation.
 

I. Participation in the Cruise

In order to participate in the Cruise, You must agree to the terms of both this FamilyLife Agreement and the Carnival Ticket Contract. By booking a reservation through FamilyLife for the Cruise, or by acceptance and/or use of the Carnival Ticket Contract issued by Carnival of the person(s) named thereon as Guests, each Guest on the same reservation acknowledges having read, and understands each and every term, condition, and provision and agrees to be bound thereby.

This FamilyLife Agreement contain the terms, conditions, and limitations with respect to the Cruise, beyond the terms and conditions described in the Carnival Cruise Lines Ticket Contract (the “Carnival Ticket Contract”). BOTH THIS FAMILYLIFE AGREEMENT AND THE CARNIVAL TICKET CONTRACT CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHTS. THEY ARE LEGALLY BINDING CONTRACTS WHICH APPLY TO EVERY TICKETED GUEST AND BECOME EFFECTIVE UPON THE BOOKING OF A RESERVATION FOR THE 2018 LOVE LIKE YOU MEAN IT CRUISE. All rights, exemptions from liability, defenses and immunities of FamilyLife under this FamilyLife Agreement shall also inure to the benefit of FamilyLife’s employees, servants, agents, independent contractors, and affiliated or related companies, who shall have no liability in tort, in contract or otherwise which is greater than or different from that of FamilyLife.

  1. Terms of the Carnival Cruise Ticket Contract. The terms of the Carnival Ticket Contract can be viewed at: http://www.carnival.com/CMS/Static_Templates/ticket_contract.aspx. Please read carefully all the terms of the Carnival Ticket Contract. By embarking You must agree to these terms in a manner required by Carnival or FamilyLife. However, please note that rights granted to Carnival or Guest under Sections 6 and 7of the Ticket Contract relating to the payment or refund of cruise fare and to cancellations by Guest, shall not be operative. They are instead governed under Sections II, III, and IV of this FamilyLife Agreement.
     
  2. FamilyLife as Charterer. Guest acknowledges and expressly agrees that FamilyLife (and its affiliates) are acting solely in their capacity as Charterers of the Cruise and that FamilyLife has no right or ability to control or direct the operational or navigational activities of the vessel or crew in any manner whatsoever whether aboard the ship or ashore, including without limitation, (i) persons furnishing services to the vessel or to the Guests including shore side excursions, personnel, or contractors, embarkation and disembarkation to and from the vessel, and (ii) the condition of the vessel and its equipment.  
    For Your convenience, FamilyLife has highlighted valuable additional information related to the Cruise in the paragraphs below.  More information can be found in the Carnival Ticket Contract.
     
  3. Who May Sail. Carnival Cruise Line’s rules regarding a Guest’s fitness to travel, special needs, pregnancy, and infants are contained in the Carnival Ticket Contract.

    Because of the design and purpose of the Cruise, FamilyLife will deny boarding and issue no refunds to Guests not conforming to the requirements listed below. There are NO EXCEPTIONS to these policies.

    a. Infants who are at least 6 months old on the day of departure may sail.
    b. Women who will be less than 24 weeks into their pregnancy on the day of departure, and for the duration of the Cruise, may sail. This policy is due to the risk of premature labor. Pregnant women must have a letter from their doctor stating how far along (in weeks) their pregnancy will be at the beginning of the cruise, that mother and baby are in good health and fit to travel, and that the pregnancy is not high-risk.  (Download the Pregnancy Certification Form here).
    c. Adults aged 21 or older may sail. The Cruise shall refuse boarding to any Guest under the age of 21 unless the Guest is:
          i. Traveling with a parent or guardian in an accompanying stateroom
         ii. Traveling in the same stateroom with their spouse (Proof of age and/or proof of marriage are required)
     
  4. Documentation. Proper travel documentation is required at embarkation and throughout the Cruise and is the responsibility of the Guest. Any Guest traveling without proper documentation will not be allowed to board the vessel, and no refund of the Cruise Fare will be issued.
     
  5. Photography. FamilyLife and/or its promotional partners have the exclusive right to include photographic, video and other visual portrayals of Guests in any medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Guests, and all rights, title and interest therein (including all worldwide copyrights therein) shall be FamilyLife’s sole property, free from any claims by Guests or any person deriving any rights or interest from Guest.
Cruise Fare, Deposits, and Payment Plans
  1. Cruise Fare. Rates are per person based on double occupancy and include the 6 night Cruise fare, meals on board ship, entertainment and all concert activities. All rates contained in this FamilyLife Agreement are in US Dollars (USD).
     
  2. Additional Fees. Port Charges, Documentation Fees and Gratuities of $249.00 per Guest are in addition to the Cruise Fare. Port Charges are comprised of U.S. Customs Fees, International Departure Taxes, and Non-Commissionable cruise line charges (government fees are subject to change). Documentation Fees are comprised of postage, materials, and booking fees related to processing the reservation. Gratuities are prepaid to Your cabin steward, waiter, and busboy. This charge will be included on Your statement from FamilyLife. These charges are already shown on Your Cruise confirmation
     
  3. Fee Increases. Taxes, fuel charges and fees are subject to change. In the event of an increase in port charges, taxes, or fuel costs, a surcharge may be charged to You by Carnival and FamilyLife
     
  4. Other Charges Not Included in Cruise Fare. Guest shall pay separately for transportation costs to and from the Cruise, transfers, optional cancellation insurance, shore excursions, any items of a personal nature such as laundry, telephone calls, and beverages not on the menu (sodas, bottled water, etc.).
     
  5. Deposits. Each Guest must pay a $150.00 deposit which is subject to cancellation section and in addition to a $26.00 non-refundable booking fee
     
  6. Payment Plans. Guests may choose to pay for their cabin in full at the time of booking or to use a payment plan. Guests choosing the payment plan option must pay the $150.00 deposit at the time of booking and pay the remaining balance in equal monthly payments by automatic credit card draft. The first payment is charged to the Guest’s credit card one month after the date of booking and continues on approximately the same day of the month until the fare is paid in full. If an automatic payment is unsuccessful after five attempts in five successive days, the payment plan will have failed and the reservation will be subject to cancellation unless reinstated with payment. It is the sole responsibility of the card holder to contact FamilyLife and restart the agreed upon payment plan. All delinquent payments are payable at that time in order to reinstate the reservation. FamilyLife will assess the cardholder an administrative fee of $35.00 for each declined charge or changes to the charge plan, as in the case of a Guest requiring that FamilyLife stop payments from occurring on one card and start payments on a different card.
Changes in Bookings
  1. Authorization to Change Bookings. Any changes in bookings may be made only by the person making the reservation (the “Lead Guest”).
     
  2. Fees. For booking changes, the following additional fees apply:

- Change of an accompanying Guest in the same cabin - $50.00
- Change in the Lead Guest (transfer of registration) - $100.00
- Adding a Guest to existing reservation - $100.00 + cruise fare, port taxes, fees, and gratuities
- Correction to name spelling within 60 days of sailing - $50.00
- Cabin change (Guest moves from one cabin to another) - $100.00
 

Cancellation Policy

Each Guest acknowledges that the following FamilyLife Cancellation Policy supersedes the cancellation policies of the Carnival Ticket Contract for this Cruise.

  1. Cancellation Procedure. To cancel Your reservation You must write us at: FamilyLife, Attn: Love Like You Mean It Cancellations, P.O. Box 7111, Little Rock, AR 72223.
     
  2. Cancellation for Failure to Embark. If a Guest fails to appear for embarkation, regardless of the reason, or fails to make the agreed upon payments, the reservation will be subject to cancellation, at FamilyLife’s sole discretion.
     
  3. Cancellation Schedule of Charges. Each Guest expressly acknowledges that because of the special nature of partial and full-ship charters, the additional costs, expenses and damages incurred by FamilyLife related to cancellation by a Guest, re-booking, potential lost revenue, and finding replacements are difficult if not impossible to calculate in advance. In addition, Guest agrees that the cancellation fees shown in the table below (which constitute liquidated damages) represent a fair, reasonable and agreed upon determination of those damages and expenses. Regardless of the time of cancellation, FamilyLife shall refund amounts paid for taxes, fees, and port expenses.
     

    - Within 15 days from the time of reservation - $26.00 per Guest booking fee
    - From November 15, 2016 to May 31, 2017 - $150 per Guest deposit plus a $26.00 per Guest booking fee
    - From June 1, 2017 to August 31, 2017 - 25% of Cruise Fare and 100% of any other fees
    - From September 1, 2017 to January 13, 2018 - 50% of Cruise Fare and 100% of any other fees
    - From January 14, 2018 to Cruise Embarkation - 100% of Cruise Fare and 100% of any other fees
     

  4. Airline Ticket Cancellations. Guest is responsible for making all airline reservations. Airline ticket cancellation is subject to the cancellation policy of the specific airline. In most cases tickets are non-refundable. Travel/Cancellation Insurance is highly recommended.
     
  5. SOS Insurance. SOS insurance is provided for each Guest as part of the Cruise Fare. SOS is an international travel assistance provider that is retained by FamilyLife to aide FamilyLife staff and constituents in the event of need for medical or security information, travel-related problems (lost passport, etc.), arranging doctors’ appointments, obtaining medication, and in extreme circumstances, evacuations.
     
  6. Travel Insurance. The SOS Insurance, described above, is NOT travel insurance. FamilyLife does not provide travel/cancellation insurance. It is the sole responsibility of each Guest to determine whether to purchase travel/cancellation insurance. Guest further acknowledges that FamilyLife highly recommends that Guest purchase travel/cancellation insurance.
Limitations of Liability


1.  Limitations of FamilyLife’s Liability. The following limitations of FamilyLife’s liability apply to Guest’s entire Cruise voyage, including port of call excursions.

Carnival Cruise Lines is responsible for the provision of Cruise services in the operation of the vessel, including but not limited to luggage, food and guest room services. FamilyLife has no liability related to such services.

In consideration for Cruise Fare paid, Guest agrees that FamilyLife shall not be held vicariously liable for the intentional or negligent acts or omissions of any persons not employed by FamilyLife nor for any intentional or negligent acts or omissions of FamilyLife’s employees committed while off duty or outside the course and scope of their employment.

It is agreed that FamilyLife shall have no liability as a consequence of a Guest’s use of ship’s athletic or recreational equipment or as a consequence of Guest’s decision to participate in any athletic or recreational activity or event, or Guest’s participation in port of call excursions.

FamilyLife and the Guest agree that participation in the Cruise poses risks including the following specific risks: sickness, illness whether caused by biological agents or otherwise, crime, kidnapping, arrest, death, political instability, governmental opposition to mission activities, as well as similar and dissimilar risks (herein the “Risks”). Guest is fully aware of the Risks and other hazards inherent in participating in the Cruise, and voluntarily assumes the Risks and all other risks of loss, damage, or injury that may be sustained by the Guest while participating in the Cruise.

FamilyLife shall not be liable to any Guest for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of FamilyLife and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to be intentionally inflicted by FamilyLife.
 

2. Time Limits for Claims. FAMILYLIFE SHALL NOT BE LIABLE FOR ANY CLAIMS WHATSOEVER FOR PERSONAL INJURY, ILLNESS OR DEATH OF THE GUEST, UNLESS FULL PARTICULARS IN WRITING ARE GIVEN TO FAMILYLIFE WITHIN 185 DAYS 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 YEAR AFTER THE DATE OF THE INJURY, EVENT, ILLNESS OR DEATH, AND UNLESS SERVED ON FAMILYLIFE WITHIN 120 DAYS AFTER FILING. GUEST EXPRESSLY WAIVES ALL OTHER POTENTIALLY APPLICABLE STATE OR FEDERAL LIMITATIONS PERIODS.

3. Forum Selection. IT IS AGREED BY AND BETWEEN GUEST AND FAMILYLIFE THAT ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS CONTRACT OF THE FAMILYLIFE CRUISE, INCLUDING TRAVEL TO AND FROM THE VESSEL, SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN MIAMI, OR AS TO THOSE LAWSUITS IN WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN MIAMI-DADE COUNTY, FLORIDA, U.S.A. TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY.

4. Cancellation by Speakers or Artists. In the unlikely event that a speaker, artist or musician is unable to attend on board or to perform during the Cruise, or to the extent that such performance is prevented or loss is caused by Acts of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under the color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the vessel (for which the Master of the Cruise shall be the sole judge), breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by government authority, illness, death of a family member or other cause or circumstance beyond FamilyLife’s reasonable control, FamilyLife shall not be liable to any Guest for any loss to the Guest or others. FamilyLife shall work to maintain the same level of quality in the program experience and may engage a replacement speaker or artist or musician and change, postpone, or terminate any portion of the entertainment program. In such case, FamilyLife shall have no liability to any Guest for any loss, damage or expense whatsoever by reason of such change. FamilyLife shall not be liable to any Guest for any loss to the Guest or others.

5. Mission Excursions. The limitations of liability under this Section V of the FamilyLife Agreement apply to Guest’s port of call excursions. Guest may have the opportunity to participate in an optional mission excursion at a scheduled port of call. Depending upon the nature of the excursion, certain eligibility requirements may apply for participation, including but not limited to the signing of a waiver of liability.


6. Advanced or Delayed Sailings and Cruise Cancellation.
Notwithstanding anything in the Carnival Ticket Contract, in the event of strike, lockouts, riots or stoppage of labor from whatever causes, or for any other reason whatsoever beyond the control of FamilyLife or Carnival, Carnival in its sole discretion may cancel, advance, or postpone any scheduled sailing or call at any port and may (but is not obligated to) substitute another vessel, and FamilyLife shall not be liable for any loss, costs, expenses, or damages whatsoever to Guests by reason of such cancellation, advancement, postponement, or substitution.

In the event that Carnival cancels the Cruise, some or all of the payments may be withheld by Carnival, and FamilyLife may incur costs, fees, and expenses. FamilyLife will cooperate with Guest to refund fees, subject to nonrefundable deposits and other charges to FamilyLife