CRUISE CANCELLATION. If the Cruise is cancelled for any reason, we may disembark you at any port, and arrange transport (at our expense, but at your risk) for you and your property to or toward a port or location from which you may return home. The means of conveyance may or may not belong to us and may or may not proceed directly to the desired destination. If a Cruise is cancelled before commencement, you will be entitled, as your exclusive remedy, to receive the applicable Refund Amount less a reasonable allowance for transportation and services already provided to you. Please refer to Xxxxxxxx’s refund policy available here.
CRUISE CANCELLATION. 6.1 Notwithstanding any other term of this Contract, the Passenger agrees and acknowledges that total cancellation of the Cruise by Windstar Cruises for any reason (including, but not limited, due to force majeure conditions, COVID-19 or other pandemic) will not constitute impossibility of performance or frustration of this Contract and that in such circumstances, clause A5(b) will apply instead of Subpart 4 of the Contract and Commercial Law Act 2017.
CRUISE CANCELLATION. If the Cruise is cancelled by RCI during the trip, any refunds will be processed as described in the RCI Ticket Contract. EDV shall have no further liability for damages or compensation of any kind. If the Cruise is cancelled by EDV prior to final payment date a full refund will be provided according to the RCI Ticket Contract. EDV has entered into an agreement with The Whiskeybelles musical Group to be present on board the Cruise and to perform in accordance with terms specified therein. However, neither EDV nor RCI shall be liable or responsible for failure of the artist or musician to appear on board or to perform under its agreement. Further, neither EDV nor RCI be liable or responsible for any loss, damage, cost, or expense of any kind to any Guest or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the vessel, breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by governmental authority, illness, death of a family member or other cause or circumstance beyond EDV’s reasonable control. In the event of any failure of contracted artists to perform during the cruise, EDV, in its sole discretion, may terminate all or any part of the WBC entertainment program or change the program or itinerary. In such case, EDV shall have no liability to any Guest for any loss, damage, cost or expense whatsoever by reason of such change. In any other case including without limitation any breach of contract or failure to perform by any artist or musician, Guest and EDV acknowledge that Guest’s actual losses arising from such breach, cancellation or termination would be difficult if not impossible to calculate at the time of entry into this Agreement. A number of factors contribute to these uncertainties including without limitation the fact that Guest has embarked on a cruise and other substitute entertainment provided for Guest’s enjoyment may be difficulty to arrange substitute entertainment. Therefore, Xxxxx agrees that the remedies described herein (substitution for any particular artist or musician or partial refund in the event of cancellat...
CRUISE CANCELLATION. If the Cruise is cancelled for any reason, we may disembark you at any port, and arrange transport (at our expense, but at your risk) for you and your property to or toward a port or location from which you may return home. The means of conveyance may or may not belong to us and may or may not proceed directly to the desired destination. If a Cruise is cancelled before commencement, you will be entitled, as your exclusive remedy, to receive the applicable Refund Amount less a reasonable allowance for transportation and services already provided to you. The reasonable allowance will be determined on a pro rata basis by taking into account the time missed relative to the scheduled duration of the Cruise.
CRUISE CANCELLATION. MSDC will not be responsible for damages in the event any cruise cannot be undertaken or completed by any reason beyond MSDC's sole control such as weather conditions, acts of god, governmental edicts, TC directives, and security conditions or by reason of mechanical failure or repair. In any such circumstance, MSDC will endeavor to reach an agreeable resolution, including the possible dock-side conduct of the Charter or the rescheduling of the Charter. In the absence of resolution, MSDC shall refund chartering amounts paid by Client, and Client hereby agrees to waive any claims of any kind whatsoever arising out of or relating to the Charter, including any claims relating to the failure of MSDC to conduct the Charter.
