Common use of LIABILITY LIMITATIONS FOR LOSS OF LIFE AND/OR PERSONAL INJURY Clause in Contracts

LIABILITY LIMITATIONS FOR LOSS OF LIFE AND/OR PERSONAL INJURY. CARRIER IS NOT LIABLE FOR INJURY, ILLNESS, OR DEATH OF ANY PASSENGER UNLESS DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CARRIER. FOR PURPOSES OF THIS TICKET, ANY INJURY, ILLNESS OR DEATH OF ANY PASSENGER CAUSED BY AN EVENT OF FORCE MAJEURE WILL NOT BE DEEMED TO BE DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CARRIER. PASSENGER UNDERSTANDS AND AGREES THAT CARRIER SHALL HAVE NO LIABILITY FOR ANY INJURIES OR DAMAGES RESULTING FROM EVENTS OF FORCE MAJEURE. THE PASSENGER ASSUMES THE NORMAL RISKS OF TRAVEL BY SEA AND UNDERSTANDS ACKNOWLEDGES AND ACCEPTS THE RISKS AS SET FORTH IN SECTION 6. IN NO EVENT SHALL CARRIER BE LIABLE TO PASSENGER WITH RESPECT TO ANY OCCURRENCE TAKING PLACE OTHER THAN ON THE VESSEL OR LAUNCHES OWNED OR OPERATED BY CARRIER, UNLESS OTHERWISE STATED HEREIN. ON INTERNATIONAL VOYAGES THAT EMBARK OR DISEMBARK IN A PORT OF A EUROPEAN UNION MEMBER STATE AND DO NOT EMBARK, DISEMBARK OR CALL AT ANY U.S. PORT, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS AND IMMUNITIES FOR DEATH AND/OR PERSONAL INJURY AS PROVIDED UNDER EU REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS. ON INTERNATIONAL CRUISES THAT DO NOT EMBARK OR DISEMBARK IN EITHER A PORT IN A EUROPEAN UNION MEMBER STATE OR A U.S. PORT, AND WHICH DO NOT CALL AT ANY U.S. PORT, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS AND IMMUNITIES FOR DEATH AND/OR PERSONAL INJURY AS PROVIDED IN THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974 AND THE PROTOCOL OF 2002 TO THE CONVENTION (TOGETHER, THE “ATHENS CONVENTION”) ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS. UNDER BOTH EU REGULATION 392/2009 AND THE ATHENS CONVENTION, CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 400,000 SPECIAL DRAWING RIGHTS (“SDR”) PER PASSENGER (APPROXIMATELY U.S. $552,000) IF THE PASSENGER PROVES THAT THE INCIDENT WAS A RESULT OF CARRIER’S FAULT OR NEGLECT. AN SDR IS AN INTERNATIONALLY RECOGNIZED MONETARY MEASUREMENT WHOSE VALUE FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED BY THE INTERNATIONAL MONETARY FUND AT XXX.XXX.XXX OR IN THE WALL STREET JOURNAL. IF THE LOSS OR DAMAGE WAS CAUSED BY A SHIPPING INCIDENT, DEFINED AS A SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP, OR DEFECT IN THE SHIP (AS DEFINED BY THE EU REGULATION AND ATHENS CONVENTION), CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $345,000). COMPENSATION FOR LOSS CAUSED BY A SHIPPING INCIDENT CAN INCREASE TO A MAXIMUM OF 400,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $552,000) UNLESS CARRIER PROVES THAT THE SHIPPING INCIDENT OCCURRED WITHOUT CARRIER’S FAULT OR NEGLECT. SHIPPING INCIDENTS DO NOT INCLUDE ACTS OF WAR, HOSTILITIES, CIVIL WAR, INSURRECTION, NATURAL DISASTERS, OR INTENTIONAL ACTS OR OMISSIONS OF THIRD PARTIES. IN CASES WHERE THE LOSS OR DAMAGE WAS CAUSED IN CONNECTION WITH WAR OR TERRORISM, CARRIER’S LIABILITY FOR ANY PERSONAL INJURY OR DEATH (WHETHER OCCURRING DURING A SHIPPING INCIDENT OR A NON-SHIPPING INCIDENT) IS LIMITED TO THE LOWER OF 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $345,000) OR 340 MILLION SDRS (APPROXIMATELY U.S. $469,200,000) PER SHIP PER INCIDENT. PUNITIVE DAMAGES ARE NOT RECOVERABLE FOR CRUISES COVERED BY EU REGULATION 392/2009 OR THE ATHENS CONVENTION. FOR A COPY OF EU REGULATION 392/2009, VISIT XXXXX://XXX- XXX.XXXXXX.XX/XXXXX- CONTENT/EN/TXT/PDF/?URI=CELEX:32009R0392&FROM=EN. FOR A COPY OF THE ATHENS CONVENTION AND THE 2002 PROTOCOL THERETO, VISIT XXXXX://XXXXXXXX.XX.XXX/DOC/PUBLICATION/UNTS/VOLUME%201463/VOLU ME-1463-I-24817-ENGLISH.PDF AND XXXXX://XXXXXXXX.XX.XXX/DOC/PUBLICATION/UNTS/NO%20VOLUME/24817/A- 24817-080000028053BF55.PDF (FULL TEXT IN ENGLISH BEGINS AT PAGE 40). IN ADDITION, PASSENGERS EMBARKING A CRUISE IN A EUROPEAN MEMBER STATE PORT ARE AFFORDED RIGHTS UNDER EU REGULATION 1177/2010. NOTHING IN THIS TICKET IS INTENDED TO (NOR SHALL IT OPERATE TO) DEPRIVE CARRIER OF THE LIMITATIONS OF LIABILITY OR EXONERATION FROM LIABILITY OF ANY STATUTES OF THE UNITED STATES OF AMERICA AS SET FORTH AT TITLE 46 U.S. CODE SECTIONS 30501 THROUGH 30509 AND 30511. NOR DOES CARRIER WAIVE ANY REMEDIES AVAILABLE TO IT UNDER THE LAW. CARRIER SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES TO PASSENGER WHICH OCCUR WHILE PASSENGER IS PARTICIPATING IN ATHLETIC OR RECREATIONAL ACTIVITIES ONBOARD THE VESSEL OR ONSHORE AT ANY PORT OF CALL, INCLUDING, BUT NOT LIMITED TO, PASSENGER USAGE OF ANY PADDLEBALL, GYMNASIUM, JOGGING, GOLFING, HEALTH CLUB AND SAUNA FACILITIES. BY UTILIZING SAID FACILITIES, PASSENGER AGREES TO ASSUME ALL RISKS ARISING THEREFROM AND DOES HEREBY FULLY RELEASE AND DISCHARGE CARRIER FROM ANY AND ALL CLAIMS, DEMANDS, LOSS, COST, DAMAGES AND CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF PASSENGER’S USE OR INTENDED USE OF SAID FACILITIES. CARRIER SHALL NOT BE LIABLE TO PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING/ANGUISH OR PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES, EXCEPT WHEN SUCH DAMAGES RESULTED FROM (A) PASSENGER SUSTAINING ACTUAL PHYSICAL INJURY, OR (B) PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, OR (C) WHEN SUCH DAMAGES ARE DETERMINED TO BE INTENTIONALLY INFLICTED BY CARRIER. PRE- AND POST-CRUISE TOURS, SHORE EXCURSIONS, AND ANY AND ALL CONNECTING GROUND, VESSEL OR AIR TRANSPORTATION AND OTHER TOURS MAY BE OWNED AND/OR OPERATED BY INDEPENDENT CONTRACTORS AND CARRIER MAKES NO REPRESENTATIONS AND ASSUMES NO RESPONSIBILITY FOR SUCH SERVICES. (SEE ALSO SECTION 13 BELOW)

LIABILITY LIMITATIONS FOR LOSS OF LIFE AND/OR PERSONAL INJURY. CARRIER IS NOT LIABLE FOR INJURY, ILLNESS, OR DEATH OF ANY PASSENGER UNLESS DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CARRIER. FOR PURPOSES OF THIS TICKET, ANY INJURY, ILLNESS OR DEATH OF ANY PASSENGER CAUSED BY AN EVENT OF FORCE MAJEURE AS DEFINED IN THE SECTION OF THIS TICKET TITLED “DEFINITIONS” WILL NOT BE DEEMED TO BE DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CARRIER. PASSENGER UNDERSTANDS AND AGREES THAT CARRIER SHALL HAVE NO LIABILITY FOR ANY INJURIES OR DAMAGES RESULTING FROM EVENTS OF FORCE MAJEURE. THE PASSENGER ASSUMES THE NORMAL RISKS OF TRAVEL BY SEA AND UNDERSTANDS ACKNOWLEDGES AND ACCEPTS THE RISKS AS SET FORTH IN SECTION 6SEA. IN NO EVENT SHALL CARRIER BE LIABLE TO PASSENGER WITH RESPECT TO ANY OCCURRENCE TAKING PLACE OTHER THAN ON THE VESSEL OR LAUNCHES OWNED OR OPERATED BY CARRIER, UNLESS OTHERWISE STATED HEREIN. ON INTERNATIONAL VOYAGES THAT EMBARK WHICH NEITHER XXXXXX, DISEMBARK NOR CALL AT ANY U.S. PORT AND WHERE THE PASSENGER COMMENCES THE VOYAGE BY EMBARKATION OR DISEMBARK DISEMBARKS AT THE END OF THE VOYAGE IN A PORT OF A EUROPEAN UNION MEMBER STATE AND DO NOT EMBARK, DISEMBARK OR CALL AT ANY U.S. PORTSTATE, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS AND IMMUNITIES FOR LOSS OF OR DAMAGE TO LUGGAGE, DEATH AND/OR PERSONAL INJURY AS PROVIDED UNDER EU REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS. ON INTERNATIONAL CRUISES THAT DO NOT EMBARK OR DISEMBARK IN EITHER A PORT IN A EUROPEAN UNION MEMBER STATE OR A U.S. PORT, AND WHICH DO NOT CALL AT ANY U.S. PORT, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS AND IMMUNITIES FOR DEATH AND/OR PERSONAL INJURY AS PROVIDED IN THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974 AND THE PROTOCOL OF 2002 TO THE CONVENTION (TOGETHER, THE “ATHENS CONVENTION”) ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS. UNDER BOTH EU REGULATION 392/2009 AND THE ATHENS CONVENTION, CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 400,000 SPECIAL DRAWING RIGHTS (“SDR”) PER PASSENGER (APPROXIMATELY U.S. $552,000) IF THE PASSENGER PROVES THAT THE INCIDENT WAS A RESULT OF CARRIER’S FAULT OR NEGLECT. AN SDR IS AN INTERNATIONALLY RECOGNIZED MONETARY MEASUREMENT WHOSE VALUE FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED BY THE INTERNATIONAL MONETARY FUND AT XXX.XXX.XXX OR IN THE WALL STREET JOURNAL. IF UNLESS THE LOSS OR DAMAGE WAS CAUSED BY A SHIPPING INCIDENT, WHICH IS DEFINED AS A SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP, OR DEFECT IN THE SHIP (AS DEFINED BY THE EU REGULATION AND ATHENS CONVENTIONREGULATION), CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 400,000 SPECIAL DRAWING RIGHTS (“SDR”) PER PASSENGER (APPROXIMATELY U.S. $608,000, WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL) IF THE PASSENGER PROVES THAT THE INCIDENT WAS A RESULT OF CARRIER’S FAULT OR NEGLECT. IF THE LOSS OR DAMAGE WAS CAUSED BY A SHIPPING INCIDENT, CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $345,000380,000, WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL). COMPENSATION FOR LOSS CAUSED BY A SHIPPING INCIDENT CAN INCREASE TO A MAXIMUM OF 400,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $552,000) UNLESS CARRIER PROVES THAT THE SHIPPING INCIDENT OCCURRED WITHOUT CARRIER’S FAULT OR NEGLECT. SHIPPING INCIDENTS DO NOT INCLUDE ACTS OF WAR, HOSTILITIES, CIVIL WAR, INSURRECTION, NATURAL DISASTERS, OR INTENTIONAL ACTS OR OMISSIONS OF THIRD PARTIES. IN CASES WHERE THE LOSS OR DAMAGE WAS CAUSED IN CONNECTION WITH WAR OR TERRORISM, CARRIER’S LIABILITY FOR ANY PERSONAL INJURY OR DEATH (WHETHER OCCURRING DURING A SHIPPING INCIDENT OR A NON-SHIPPING INCIDENT) IS LIMITED TO THE LOWER OF 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $345,000) OR 340 MILLION SDRS (APPROXIMATELY U.S. $469,200,000) PER SHIP PER INCIDENT. PUNITIVE DAMAGES ARE NOT RECOVERABLE FOR CRUISES COVERED BY EU REGULATION 392/2009 OR THE ATHENS CONVENTION392/2009. FOR A COPY OF EU REGULATION 392/2009, VISIT XXXXX://XXX- XXXX://XXX- XXX.XXXXXX.XX/XXXXX- CONTENTXXXXXXXXXX/EN/TXT/PDF/?URIXXXXXXXXXX.XX?URI=CELEX:32009R0392&FROM=EN. FOR A COPY OF THE ATHENS CONVENTION AND THE 2002 PROTOCOL THERETO, VISIT XXXXX://XXXXXXXX.XX.XXX/DOC/PUBLICATION/UNTS/VOLUME%201463/VOLU ME-1463-I-24817-ENGLISH.PDF AND XXXXX://XXXXXXXX.XX.XXX/DOC/PUBLICATION/UNTS/NO%20VOLUME/24817/A- 24817-080000028053BF55.PDF (FULL TEXT IN ENGLISH BEGINS AT PAGE 40)OJ:L:2009:131:0024:0046:E N:PDF. IN ADDITION, PASSENGERS GUESTS EMBARKING A CRUISE IN A EUROPEAN MEMBER STATE PORT ARE AFFORDED RIGHTS UNDER EU REGULATION 1177/2010. FOR ADDITIONAL INFORMATION ON EU REGULATION 392/2009 AND EU REGULATION 1177/2010, VISIT CARRIER’S WEBSITE AT xxxx://xxx.xxxxxxxxx.xxx/terms-conditions/passage-contract/. IF THE CRUISE IS FOR DOMESTIC CARRIAGE BETWEEN PORTS IN THE UK, CARRIER SHALL BE ENTITLED TO LIMIT ITS LIABILITY FOR DEATH AND OR PERSONAL INJURY TO 46,666 SDRs (APPROXIMATELY U.S. $72,000 WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL) PER PASSENGER PER CARRIAGE PURSUANT TO THE “CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA (DOMESTIC CARRIAGE) ORDER 1987”, INCORPORATING THE LIMIT OF THE “CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974 (“ATHENS CONVENTION”). NOTHING IN THIS TICKET IS INTENDED TO (NOR SHALL IT OPERATE TO) LIMIT OR DEPRIVE CARRIER OF THE LIMITATIONS ANY STATUTORY LIMITATION OF LIABILITY OR EXONERATION FROM LIABILITY LIABILITY, OR OF THE BENEFITS OF ANY STATUTE OR LAW OF ANY COUNTRY OR STATE WHICH MIGHT BE APPLICABLE TO PROVIDING FOR EXONERATION FROM LIABILITY OR LIMITATION OF CARRIER’S LIABILITY, INCLUDING STATUTES OF THE UNITED STATES OF AMERICA AS SET FORTH AT TITLE 46 U.S. CODE SECTIONS 30501 THROUGH 30509 AND 30511. NOR DOES CARRIER WAIVE ANY REMEDIES AVAILABLE TO IT UNDER THE LAW. CARRIER SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES TO PASSENGER WHICH OCCUR WHILE PASSENGER IS PARTICIPATING IN ATHLETIC OR RECREATIONAL ACTIVITIES ONBOARD THE VESSEL OR ONSHORE AT ANY PORT OF CALL, INCLUDING, BUT NOT LIMITED TO, PASSENGER USAGE OF ANY PADDLEBALL, GYMNASIUM, JOGGING, GOLFING, HEALTH CLUB AND SAUNA FACILITIES. BY UTILIZING SAID FACILITIES, PASSENGER AGREES TO ASSUME ALL RISKS ARISING THEREFROM AND DOES HEREBY FULLY RELEASE AND DISCHARGE CARRIER FROM ANY AND ALL CLAIMS, DEMANDS, LOSS, COST, DAMAGES AND CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF PASSENGER’S USE OR INTENDED USE OF SAID FACILITIES. CARRIER SHALL NOT BE LIABLE TO PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING/ANGUISH OR PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES, EXCEPT WHEN SUCH DAMAGES RESULTED FROM (Aa) PASSENGER SUSTAINING ACTUAL PHYSICAL INJURY, OR (Bb) PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, OR (Cc) WHEN SUCH DAMAGES ARE DETERMINED TO BE INTENTIONALLY INFLICTED BY CARRIER. PRE- AND POST-CRUISE TOURS, SHORE EXCURSIONS, AND ANY AND ALL CONNECTING GROUND, VESSEL OR AIR TRANSPORTATION AND OTHER TOURS MAY BE OWNED AND/OR OPERATED BY INDEPENDENT CONTRACTORS AND CARRIER MAKES NO REPRESENTATIONS AND ASSUMES NO RESPONSIBILITY FOR SUCH SERVICES. (SEE ALSO SECTION 13 12 BELOW)

LIABILITY LIMITATIONS FOR LOSS OF LIFE AND/OR PERSONAL INJURY. CARRIER IS NOT LIABLE FOR INJURY, ILLNESS, OR DEATH OF ANY PASSENGER UNLESS DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CARRIER. FOR PURPOSES OF THIS TICKET, ANY INJURY, ILLNESS OR DEATH OF ANY PASSENGER CAUSED BY AN EVENT OF FORCE MAJEURE AS DEFINED IN THE SECTION OF THIS TICKET TITLED “DEFINITIONS” WILL NOT BE DEEMED TO BE DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CARRIER. PASSENGER UNDERSTANDS AND AGREES THAT CARRIER SHALL HAVE NO LIABILITY FOR ANY INJURIES OR DAMAGES RESULTING FROM EVENTS OF FORCE MAJEURE. THE PASSENGER ASSUMES THE NORMAL RISKS OF TRAVEL BY SEA AND UNDERSTANDS ACKNOWLEDGES AND ACCEPTS THE RISKS AS SET FORTH IN SECTION 6SEA. IN NO EVENT SHALL CARRIER BE LIABLE TO PASSENGER WITH RESPECT TO ANY OCCURRENCE TAKING PLACE OTHER THAN ON THE VESSEL OR LAUNCHES OWNED OR OPERATED BY CARRIER, UNLESS OTHERWISE STATED HEREIN. ON INTERNATIONAL VOYAGES THAT EMBARK WHICH NEITHER EMBARK, DISEMBARK NOR CALL AT ANY U.S. PORT AND WHERE THE PASSENGER COMMENCES THE VOYAGE BY EMBARKATION OR DISEMBARK DISEMBARKS AT THE END OF THE VOYAGE IN A PORT OF A EUROPEAN UNION MEMBER STATE AND DO NOT EMBARK, DISEMBARK OR CALL AT ANY U.S. PORTSTATE, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS AND IMMUNITIES FOR LOSS OF OR DAMAGE TO LUGGAGE, DEATH AND/OR PERSONAL INJURY AS PROVIDED UNDER EU REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS. ON INTERNATIONAL CRUISES THAT DO NOT EMBARK OR DISEMBARK IN EITHER A PORT IN A EUROPEAN UNION MEMBER STATE OR A U.S. PORT, AND WHICH DO NOT CALL AT ANY U.S. PORT, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS AND IMMUNITIES FOR DEATH AND/OR PERSONAL INJURY AS PROVIDED IN THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974 AND THE PROTOCOL OF 2002 TO THE CONVENTION (TOGETHER, THE “ATHENS CONVENTION”) ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS. UNDER BOTH EU REGULATION 392/2009 AND THE ATHENS CONVENTION, CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 400,000 SPECIAL DRAWING RIGHTS (“SDR”) PER PASSENGER (APPROXIMATELY U.S. $552,000) IF THE PASSENGER PROVES THAT THE INCIDENT WAS A RESULT OF CARRIER’S FAULT OR NEGLECT. AN SDR IS AN INTERNATIONALLY RECOGNIZED MONETARY MEASUREMENT WHOSE VALUE FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED BY THE INTERNATIONAL MONETARY FUND AT XXX.XXX.XXX OR IN THE WALL STREET JOURNAL. IF UNLESS THE LOSS OR DAMAGE WAS CAUSED BY A SHIPPING INCIDENT, WHICH IS DEFINED AS A SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP, OR DEFECT IN THE SHIP (AS DEFINED BY THE EU REGULATION AND ATHENS CONVENTIONREGULATION), CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 400,000 SPECIAL DRAWING RIGHTS (“SDR”) PER PASSENGER (APPROXIMATELY US$608,000 OR AU$654,000, WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL) IF THE PASSENGER PROVES THAT THE INCIDENT WAS A RESULT OF CARRIER’S FAULT OR NEGLECT. IF THE LOSS OR DAMAGE WAS CAUSED BY A SHIPPING INCIDENT, CARRIER’S LIABILITY IS LIMITED TO NO MORE THAN 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $345,000US$380,000 OR AU$409,000, WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL). COMPENSATION FOR LOSS CAUSED BY A SHIPPING INCIDENT CAN INCREASE TO A MAXIMUM OF 400,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $552,000) UNLESS CARRIER PROVES THAT THE SHIPPING INCIDENT OCCURRED WITHOUT CARRIER’S FAULT OR NEGLECT. SHIPPING INCIDENTS DO NOT INCLUDE ACTS OF WAR, HOSTILITIES, CIVIL WAR, INSURRECTION, NATURAL DISASTERS, OR INTENTIONAL ACTS OR OMISSIONS OF THIRD PARTIES. IN CASES WHERE THE LOSS OR DAMAGE WAS CAUSED IN CONNECTION WITH WAR OR TERRORISM, CARRIER’S LIABILITY FOR ANY PERSONAL INJURY OR DEATH (WHETHER OCCURRING DURING A SHIPPING INCIDENT OR A NON-SHIPPING INCIDENT) IS LIMITED TO THE LOWER OF 250,000 SDRS PER PASSENGER (APPROXIMATELY U.S. $345,000) OR 340 MILLION SDRS (APPROXIMATELY U.S. $469,200,000) PER SHIP PER INCIDENT. PUNITIVE DAMAGES ARE NOT RECOVERABLE FOR CRUISES COVERED BY EU REGULATION 392/2009 OR THE ATHENS CONVENTION392/2009. FOR A COPY OF EU REGULATION 392/2009, VISIT XXXXX://XXX- XXXX://XXX- XXX.XXXXXX.XX/XXXXX- CONTENTXXXXXXXXXX/EN/TXT/PDF/?URIXXXXXXXXXX.XX?URI=CELEX:32009R0392&FROM=EN. FOR A COPY OF THE ATHENS CONVENTION AND THE 2002 PROTOCOL THERETO, VISIT XXXXX://XXXXXXXX.XX.XXX/DOC/PUBLICATION/UNTS/VOLUME%201463/VOLU ME-1463-I-24817-ENGLISH.PDF AND XXXXX://XXXXXXXX.XX.XXX/DOC/PUBLICATION/UNTS/NO%20VOLUME/24817/A- 24817-080000028053BF55.PDF (FULL TEXT IN ENGLISH BEGINS AT PAGE 40)OJ:L:2009:131:0024:0046:E N:PDF. IN ADDITION, PASSENGERS GUESTS EMBARKING A CRUISE IN A EUROPEAN MEMBER STATE PORT ARE AFFORDED RIGHTS UNDER EU REGULATION 1177/2010. FOR ADDITIONAL INFORMATION ON EU REGULATION 392/2009 AND EU REGULATION 1177/2010, VISIT CARRIER’S WEBSITE AT xxxx://xxx.xxxxxxxxx.xxx/terms-conditions/passage-contract/. IF THE CRUISE IS FOR DOMESTIC CARRIAGE BETWEEN PORTS IN THE UK, CARRIER SHALL BE ENTITLED TO LIMIT ITS LIABILITY FOR DEATH AND OR PERSONAL INJURY TO 46,666 SDRs (APPROXIMATELY US$72,000 OR AU$76,000 WHICH FLUCTUATES DEPENDING ON THE DAILY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL) PER PASSENGER PER CARRIAGE PURSUANT TO THE “CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA (DOMESTIC CARRIAGE) ORDER 1987”, INCORPORATING THE LIMIT OF THE “CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974 (“ATHENS CONVENTION”). NOTHING IN THIS TICKET IS INTENDED TO (NOR SHALL IT OPERATE TO) LIMIT OR DEPRIVE CARRIER OF THE LIMITATIONS ANY STATUTORY LIMITATION OF LIABILITY OR EXONERATION FROM LIABILITY LIABILITY, OR OF THE BENEFITS OF ANY STATUTE OR LAW OF ANY COUNTRY OR STATE WHICH MIGHT BE APPLICABLE TO PROVIDING FOR EXONERATION FROM LIABILITY OR LIMITATION OF CARRIER’S LIABILITY, INCLUDING STATUTES OF THE UNITED STATES OF AMERICA AS SET FORTH AT TITLE 46 U.S. CODE SECTIONS 30501 THROUGH 30509 AND 30511. NOR DOES CARRIER WAIVE ANY REMEDIES AVAILABLE TO IT UNDER THE LAW. CARRIER SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES TO PASSENGER WHICH OCCUR WHILE PASSENGER IS PARTICIPATING IN ATHLETIC OR RECREATIONAL ACTIVITIES ONBOARD THE VESSEL OR ONSHORE AT ANY PORT OF CALL, INCLUDING, BUT NOT LIMITED TO, PASSENGER USAGE OF ANY PADDLEBALL, GYMNASIUM, JOGGING, GOLFING, HEALTH CLUB AND SAUNA FACILITIES. BY UTILIZING SAID FACILITIES, PASSENGER AGREES TO ASSUME ALL RISKS ARISING THEREFROM AND DOES HEREBY FULLY RELEASE AND DISCHARGE CARRIER FROM ANY AND ALL CLAIMS, DEMANDS, LOSS, COST, DAMAGES AND CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF PASSENGER’S USE OR INTENDED USE OF SAID FACILITIES. CARRIER SHALL NOT BE LIABLE TO PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING/ANGUISH OR PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES, EXCEPT WHEN SUCH DAMAGES RESULTED FROM (Aa) PASSENGER SUSTAINING ACTUAL PHYSICAL INJURY, OR (Bb) PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, OR (Cc) WHEN SUCH DAMAGES ARE DETERMINED TO BE INTENTIONALLY INFLICTED BY CARRIER. PRE- AND POST-CRUISE TOURS, SHORE EXCURSIONS, AND ANY AND ALL CONNECTING GROUND, VESSEL OR AIR TRANSPORTATION AND OTHER TOURS MAY BE OWNED AND/OR OPERATED BY INDEPENDENT CONTRACTORS AND CARRIER MAKES NO REPRESENTATIONS AND ASSUMES NO RESPONSIBILITY FOR SUCH SERVICES. (SEE ALSO SECTION 13 12 BELOW)