LIMITATION OF OUR LIABILITY. Except as otherwise expressly provided herein, for the purposes of the defenses, limitations of liability and rights of Company set forth in this Passenger Agreement only, “Company” also includes any vessel used in your tour (or any substituted vessel) whether owned or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires. Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour, Small Ship or River Cruise. a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. b) In connection with your cruise, Company shall not be liable for any tours, activities, products or services, other than aboard Company’s vessels and tenders, provided in connection with, before, after or during your cruise, including but not limited to pre and post cruise activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, aircraft, or other conveyance, including, but not limited to, air travel to and from the vessel which are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Company’s supervision or control. Company accepts no liability for any loss, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations of any excursion, service or transportation. c) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities. d) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company. e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary. f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss of or damage to such items when presented to Company in breach of this warranty. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications. g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel aboard a cruise shall be considered independent contractors who work directly for the passenger. h) In connection with your cruise, Company shall not be liable to the passenger for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such attributable to passenger’s physical injury or as the result of passenger having been at actual risk of immediate physical injury proximately caused by Company’s negligence. i) On cruises where the passenger commences the cruise by embarkation or disembarks at the end of the cruise in a port of a European Union Member State, Company shall be entitled to limit its liability under EU Regulation 392/2009 for personal injury or death of a passenger to no more than 400,000 Special Drawing Rights (“SDR”) (approximately $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal). j) In addition to all the restrictions and exemptions from liability provided in this Passenger Agreement, Company shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained in this Passenger Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability.
Appears in 5 contracts
Samples: Passenger Agreement, Passenger Agreement, Passenger Agreement
LIMITATION OF OUR LIABILITY. Except as otherwise expressly provided herein, for the purposes of the defenses, limitations of liability and rights of Company set forth in this Passenger Agreement Contract only, “Company” also includes any vessel used in your tour (or any substituted vessel) whether owned or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires. Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour, Small Ship or River Cruise.
a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
b) In connection with your cruise, Company shall not be liable for any tours, activities, products or services, other than aboard Company’s vessels and tenders, provided in connection with, before, after or during your cruise, including but not limited to pre and post cruise activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, aircraft, or other conveyance, including, but not limited to, air travel to and from the vessel which are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Company’s supervision or control. Company accepts no liability for any loss, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations of any excursion, service or transportation.
c) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
d) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.
f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss of or damage to such items when presented to Company in breach of this warranty. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel aboard a cruise shall be considered independent contractors who work directly for the passenger.
h) In connection with your cruise, Company shall not be liable to the passenger for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such attributable to passenger’s physical injury or as the result of passenger having been at actual risk of immediate physical injury proximately caused by Company’s negligence.
i) On cruises where the passenger commences the cruise by embarkation or disembarks at the end of the cruise in a port of a European Union Member State, Company shall be entitled to limit its liability under EU Regulation 392/2009 for personal injury or death of a passenger to no more than 400,000 Special Drawing Rights (“SDR”) (approximately $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal).
j) In addition to all the restrictions and exemptions from liability provided in this Passenger AgreementContract, Company shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained in this Passenger Agreement Contract shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability.
Appears in 2 contracts
Samples: Passenger Contract, Passenger Contract
LIMITATION OF OUR LIABILITY. Except as otherwise expressly provided herein, for 11.1 Our liability under any Contract is limited to making good defects or failures to the purposes of the defenses, limitations of liability and rights of Company set forth extent described in this Passenger Agreement only, “Company” also includes any vessel used in your tour (or any substituted vessel) whether owned or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires. Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour, Small Ship or River Cruisecondition 6 above.
a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. 11.2 We are shall not be liable for any claim for lossincreased costs, damageexpenses, injuryloss of profits, deathgoodwill, misrepresentationbusiness, delaycontracts, inconvenience revenues or disappointment, arising from anticipated savings or any type of special indirect or consequential loss (including loss or damage suffered by the Customer as a result of an action brought by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence ) even if such loss was due to our own gross negligence reasonably foreseeable or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have had been advised of the possibility of such damagesthe Customer incurring the same. Notwithstanding the foregoingIn any event, Operator’s our entire liability for compensatory damages hereunder direct loss or damage arising from damage to tangible property for which we are liable shall be limited only to the vat exclusive price of the relevant product or service in connection with which any claim for damage or loss is made.
11.3 We do not attempt to limit liability for personal injury or death caused by its negligence or the negligence of its employees or agents. To the extent the law does not permit such liability to be excluded, we do not attempt to limit its liability for damage to the tangible property of the Customer resulting from our negligence to the extent that we are insured against such loss.
11.4 The Customer undertakes with us that it will ensure compliance so far as is reasonably practicable by its employees, agents, licensees with any instructions given by us or the Manufacturer for the purpose of insuring the Goods will be safe and without risk to health when properly used and will take any steps and precautions, having regard to the nature of the Goods as are necessary to preserve the health and safety of persons handling, using or disposing of them.
11.5 We give no undertaking that the Goods are fit for any particular purpose (including any purpose for which such Goods are commonly supplied) or is of any particular quality in respect of its appearance, finish, safety, durability or freedom from defects or otherwise. The Customer having greater knowledge of his own requirements relies entirely on his own skill and judgement in evaluating whether the equipment is in every respect of satisfactory quality.
11.6 Nothing in these conditions shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of any way exclude or limit any liability shall not apply to liability we may have for death or personal injury to the extent applicable law prohibits such limitation.
b) In connection with your cruise, Company shall not be liable for any tours, activities, products or services, other than aboard Company’s vessels and tenders, provided in connection with, before, after or during your cruise, including but not limited to pre and post cruise activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, aircraft, or other conveyance, including, but not limited to, air travel to and from the vessel which are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Company’s supervision or control. Company accepts no liability for any loss, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations of any excursion, service or transportation.
c) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
d) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.
f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss of or damage to such items when presented to Company in breach of this warranty. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel aboard a cruise shall be considered independent contractors who work directly for the passenger.
h) In connection with your cruise, Company shall not be liable to the passenger for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such attributable to passenger’s physical injury or as the result of passenger having been at actual risk of immediate physical injury proximately caused by Company’s its negligence.
i) On cruises where the passenger commences the cruise by embarkation or disembarks at the end of the cruise in a port of a European Union Member State, Company shall be entitled to limit its liability under EU Regulation 392/2009 for personal injury or death of a passenger to no more than 400,000 Special Drawing Rights (“SDR”) (approximately $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal).
j) In addition to all the restrictions and exemptions from liability provided in this Passenger Agreement, Company shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained in this Passenger Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability.
Appears in 2 contracts
Samples: Service Agreement, Conditions of Sale
LIMITATION OF OUR LIABILITY. Except as otherwise expressly provided herein, for the purposes of the defenses, limitations of liability and rights of Company set forth a. Nothing in this Passenger Agreement only, “Company” also includes shall limit or exclude the liability of any vessel used in your tour (party:
i) for death or any substituted vessel) whether owned personal injury caused by the negligence of a party or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilotsits employees, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft subcontractors;
ii) for any fraud or facilities, whether provided at sea fraudulent misrepresentation; and
iii) to the extent such limitation or on shore, belonging to any such ship or owned or operated exclusion is not permitted by its owners, operators, managers, agents, charterers, contractors or concessionaires. Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour, Small Ship or River Cruiseapplica- ble law.
ab. Subject to Section A, Clause 23(a) The above, We take no responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you You or any third party for any claim unless the occurrence was due to our own gross negligence loss or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort damage arising contractually or under any other theory title, in relation to:
i) delay or failure by a Merchant, Travel Agency or Travel Service Pro- vider to accept a Card, the imposition by a Merchant, Travel Agency or Travel Service Provider of liability, terms and regardless of whether we have been advised conditions on use of the possibility Card or the form of such damages. Notwithstanding acceptance or non-acceptance of the foregoingCard by a Mer- chant, Operator’s liability for compensatory damages hereunder shall Travel Agent or Travel Service Provider;
ii) goods and/or services acquired with the Card or their delivery or non-delivery;
iii) Travel Bookings charged to a Business Travel Account and/or a Busi- ness Travel Card, including any dispute with the Travel Agency or General Terms Travel Service Provider about Travel Bookings or any omission in no event exceed the amount actually paid by you provision of said services.
iv) failure to Operator carry out our obligations under this Agreement (or the Cardmember General Terms and Conditions for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death Corporate Card Programme) if that failure is caused by a third party or personal injury to the extent applicable law prohibits such limitation.
b) In connection with your cruise, Company shall not be liable for any tours, activities, products or services, other than aboard Company’s vessels and tenders, provided in connection with, before, after or during your cruise, including but not limited to pre and post cruise activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, aircraft, or other conveyance, an event be- yond our reasonable control including, but not limited to, air travel a systems failure, data processing failure, industrial dispute or other action outside our control, or where breach of our obligations is due to and from the vessel which are providedour obligations under provisions of national or European Union law.
v) our refusal to approve any transaction with a Corporate Meeting Card, owned and/or operated by independent contractors whose employeesCorporate Purchasing Card, facilitiesvPayment Account, conveyancesBusiness Travel Account, products and services are not subject to Company’s supervision Business Travel Card or control. Company accepts no liability B2B Card for any lossreason set out in the “Charge Authorisation” section of this Agreement (Section A, delayClause 6); or
vi) the accuracy, damageintegrity or suitability for tax and legal compliance purposes of VAT details supplied by Merchants that we may make available to You in relation to Charges (without prejudice, injuryWe do not guarantee that said VAT details we make available to You conforms to the data supplied to Us by the Merchant.).
c. Subject to Section A, deathXxxxxx 23(a), misrepresentation arising from any excursionabove, service We will not be responsible or transportation liable to You or any loss, delay or disappointment third party for any cancellations of any excursion, service or transportation.
c) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
d) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.
f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss of or damage to such items when presented to Company in breach of this warranty. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel aboard a cruise shall be considered independent contractors who work directly for the passenger.
h) In connection with your cruise, Company shall not be liable to the passenger for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such attributable to passenger’s physical injury or as the result of passenger having been at actual risk of immediate physical injury proximately caused by Company’s negligence.any:
i) On cruises where loss of profit, interest, goodwill, commercial opportunity, business, or anticipated revenue or savings;
ii) losses related to damage to the passenger commences reputation of any member of your Company, whatever the cruise by embarkation cause; or
iii) any indirect loss or disembarks at the end damage, even if those losses were foreseeable and without prejudice to one party having been advised of the cruise in a port of a European Union Member State, Company shall be entitled to limit its liability under EU Regulation 392/2009 for personal injury or death of a passenger to no more than 400,000 Special Drawing Rights (“SDR”) (approximately $608,000, which fluctuates depending on pos- sibility that said losses were contemplated by the daily exchange rate as published in the Wall Street Journal).
j) In addition to all the restrictions and exemptions from liability provided in this Passenger Agreement, Company shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained in this Passenger Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America other party or any other country; or any international convention providing for release from, or limitation of, liabilitythird party.
Appears in 1 contract
Samples: Terms and Conditions
LIMITATION OF OUR LIABILITY. Except as otherwise expressly provided herein⦁ Subject to clause 8.3, if we fail to comply with this Agreement, we are responsible for the purposes any loss or damage suffered by you that is a foreseeable result of the defensesbreaching this Agreement or our failure to use reasonable care and skill, limitations of liability and rights of Company set forth in this Passenger Agreement only, “Company” also includes any vessel used in your tour (or any substituted vessel) whether owned or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires. Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour, Small Ship or River Cruise.
a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. We but we are not liable responsible for any claim for lossloss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, damageat the Commencement Date, injury, death, misrepresentation, delay, inconvenience both us and you knew it might happen. ⦁ We do not exclude or disappointment, arising from limit in any action by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable way our liability to you for any claim unless the occurrence was due where it would be unlawful to our own gross negligence or willful faultdo so. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to This includes liability for death or personal injury to caused by our negligence and for fraud or fraudulent misrepresentation. ⦁ To the fullest extent permitted by applicable law prohibits such limitation.
b) In connection with your cruiselaw, Company shall not in no event will we be liable for any toursdamages arising from: ⦁ failure to transfer the Purchased NFTs due to your error or matters beyond our control, activitiessuch as you forgetting a password or mistyping an addresses, products mining attacks, cybersecurity attacks, Blockchain malfunctions or servicesother technical errors, other than aboard Company’s vessels and tenderstelecommunications failure, provided unfavourable regulatory determinations or actions in connection withone or more jurisdictions (including with respect to non-fungible tokens or cryptocurrencies), beforetaxation of non-fungible tokens or cryptocurrencies, after your Digital Wallet being corrupted or during your cruiseotherwise inaccessible, risks arising from third-party providers, including but not limited to pre and post cruise activities, shore excursions, hotel accommodations, meals, third-party providers that may mint the NFTs and/or store the NFTs or transportation of any kind by any vessel, aircraft, or other conveyancethe Digital Assets, including, but not limited towithout limitation, air travel to and from the vessel which are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Company’s supervision such providers ceasing trade or control. Company accepts no liability for any loss, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation terminating storage or any lossother services; or ⦁ any unauthorised third party activities, delay or disappointment for any cancellations including without limitation the introduction of any excursion, service or transportation.
c) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance viruses or other aspects malicious code, the use of any Suppliers or other such contractorsphishing, transportationxxxxx attacks, tours51% attacks, servicesbruteforcing, products or facilities.
dchanges to the protocol rules of the Blockchain (i.e. ‘forks’) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation attack that affect, in any way, the NFTs or Digital Assets. ⦁ We only supply your Purchased NFTs for domestic and private use. If you use the failure Purchased NFTs for any commercial or business purpose we will have no liability to you for any loss of any transportation mechanism to arrive or depart on timeprofit, loss of business, business interruption, or loss of business opportunity. ⦁ To the fullest extent permitted by applicable law, our total aggregate liability to you for any other cause beyond the direct control of Company.
e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.
f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss losses arising out of or damage to such items when presented to Company in breach of this warranty. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and this Agreement shall not be considered to be acting under exceed the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel aboard a cruise shall be considered independent contractors who work directly for the passenger.
h) In connection with your cruise, Company shall not be liable sum equal to the passenger for damages for emotional distress, mental suffering or psychological injury aggregate sum of ETH that we receive from you in our Digital Wallet following any kind, under any circumstances, except for such attributable to passenger’s physical injury or as the result of passenger having been at actual risk of immediate physical injury proximately caused by Company’s negligenceBids.
i) On cruises where the passenger commences the cruise by embarkation or disembarks at the end of the cruise in a port of a European Union Member State, Company shall be entitled to limit its liability under EU Regulation 392/2009 for personal injury or death of a passenger to no more than 400,000 Special Drawing Rights (“SDR”) (approximately $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal).
j) In addition to all the restrictions and exemptions from liability provided in this Passenger Agreement, Company shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained in this Passenger Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability.
Appears in 1 contract
Samples: Auction Terms and Conditions
LIMITATION OF OUR LIABILITY. Except as otherwise expressly provided hereinYou hereby release komplaintbox, for the purposes of the defenses, limitations of liability and rights of Company set forth in this Passenger Agreement only, “Company” also includes any vessel used in your tour (or any substituted vessel) whether owned or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their its officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managersdirectors, agents, charterersand employees from all claims, contractors demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or concessionairesin any way, connected with the complaint. AdditionallyWe shall in no way be responsible or liable, unless otherwise expressly provided hereindirectly or indirectly, all limitations of liability apply for any damage or loss caused or alleged to your tour, Small Ship be caused by or River Cruise.
a) The responsibility of Company in connection with the use of the service on the Website. We do not guarantee or take responsibility of your tour satisfaction with the provided service. We shall not be liable if any claim arises after the required service is strictly limitedprovided by us. Company makes no warrantyAll relationships with respect to the availed service between you and us ends once the service is completely provided. You assume all responsibility and risk with respect to your use of the Website. You understand and agree that, either to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, regarding with regard to the suitabilitysite, safetyincluding, insurance or other aspects without limitation, implied warranties of any Supplier title, merchantability, non-infringement and any transportation, tours, services, products or facilities provided by Suppliersfitness for a particular purpose. We have no duty to update or modify the Website and we are not liable for our failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any claim of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for lossany loss or damage of any kind, damagedirect or indirect, injury, death, misrepresentation, delay, inconvenience in connection with or disappointment, arising from any action by a Supplierthe Website, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised use of the possibility of such damages. Notwithstanding Website or our agreement with you concerning the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
b) In connection with your cruise, Company shall not be liable for any tours, activities, products or services, other than aboard Company’s vessels and tenders, provided in connection with, before, after or during your cruise, including but not limited to pre and post cruise activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, aircraft, or other conveyanceWebsite, including, but not limited to, air travel to and from the vessel which are providedcompensatory, owned and/or operated by independent contractors whose employeesdirect, facilitiesconsequential, conveyancesincidental, products and services are not subject to Company’s supervision indirect, special or control. Company accepts no liability for any losspunitive damages, delaylost anticipated profits, damageloss of goodwill, injuryloss of data, deathbusiness interruption, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations accuracy of any excursion, service or transportation.
c) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
d) Company is not responsible for any injury, lossresults, or damage to person computer failure or propertymalfunction, death, delay, disappointment even if we have been advised of or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part should have known of the scheduled itinerary.
f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bagpossibility of such damages. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss of or damage to such items when presented to Company in breach of this warranty. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel aboard a cruise shall be considered independent contractors who work directly for the passenger.
h) In connection with your cruise, Company We shall not be liable to you for any indirect, consequential, incidental, exemplary, or special damages, howsoever caused, in connection with these terms. notwithstanding the passenger foregoing, the maximum aggregate liability of J3 Consulting Services LLP (whether in contract, tort (including negligence)) hereunder for all damages, under or in connection with these terms, regardless of the form of action, shall be limited to Rs five thousand (INR 5000). no claim against J3 Consulting Services LLP may be brought more than one (1) year after the facts giving rise to such claim have arisen. the foregoing limitations of liability and exclusions of damages for emotional distressin this clause limitation of liability form an essential basis of these terms and shall apply, mental suffering or psychological injury notwithstanding the failure of essential purpose of any kind, under any circumstances, except for such attributable to passenger’s physical injury limited warranty or as the result of passenger having been at actual risk of immediate physical injury proximately caused by Company’s negligenceremedy herein.
i) On cruises where the passenger commences the cruise by embarkation or disembarks at the end of the cruise in a port of a European Union Member State, Company shall be entitled to limit its liability under EU Regulation 392/2009 for personal injury or death of a passenger to no more than 400,000 Special Drawing Rights (“SDR”) (approximately $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal).
j) In addition to all the restrictions and exemptions from liability provided in this Passenger Agreement, Company shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained in this Passenger Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability.
Appears in 1 contract
Samples: Terms of Use
LIMITATION OF OUR LIABILITY. Except as otherwise expressly provided hereinYou hereby release Bimanivaran India Private Limited, for the purposes of the defenses, limitations of liability and rights of Company set forth in this Passenger Agreement only, “Company” also includes any vessel used in your tour (or any substituted vessel) whether owned or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their its officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managersdirectors, agents, charterersand employees from all claims, contractors demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or concessionairesin any way, connected with the disputed insurance claim. AdditionallyWe shall in no way be responsible or liable, unless otherwise expressly provided hereindirectly or indirectly, all limitations of liability apply for any damage or loss caused or alleged to your tour, Small Ship be caused by or River Cruise.
a) The responsibility of Company in connection with the use of the service on the Website. We do not guarantee or take responsibility of your tour satisfaction with the provided service. We shall not be liable if any claim/complaint arises after the required service is strictly limitedprovided by us. Company makes no warrantyAll relationships with respect to the availed service between you and us ends once the service is completely provided. You assume all responsibility and risk with respect to your use of the Website. You understand and agree that, either to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, regarding with regard to the suitabilitysite, safetyincluding, insurance or other aspects without limitation, implied warranties of any Supplier title, merchantability, non- infringement and any transportation, tours, services, products or facilities provided by Suppliersfitness for a particular purpose. We have no duty to update or modify the Website and we are not liable for our failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any claim of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for lossany loss or damage of any kind, damagedirect or indirect, injury, death, misrepresentation, delay, inconvenience in connection with or disappointment, arising from any action by a Supplierthe Website, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised use of the possibility of such damages. Notwithstanding Website or our agreement with you concerning the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
b) In connection with your cruise, Company shall not be liable for any tours, activities, products or services, other than aboard Company’s vessels and tenders, provided in connection with, before, after or during your cruise, including but not limited to pre and post cruise activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, aircraft, or other conveyanceWebsite, including, but not limited to, air travel compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages. If we are held liable to and from the vessel which are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Company’s supervision or control. Company accepts no liability you in a court of competent jurisdiction for any lossreason, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations of any excursion, service or transportation.
c) Company makes in no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
d) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.
f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items event will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss of or damage to such items when presented to Company in breach of this warranty. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not we be liable for any lossdamages in excess of Indian Rupees Three Thousand (INR 3000). If any limitation on remedies, theft damages or damage to valuables left unattended in your hotel roomliability is prohibited or restricted by law, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and we shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel aboard a cruise shall be considered independent contractors who work directly for the passenger.
h) In connection with your cruise, Company shall not be liable remain entitled to the passenger for damages for emotional distressmaximum disclaimers and limitations available under this agreement, mental suffering or psychological injury of any kind, under any circumstances, except for such attributable to passenger’s physical injury or as the result of passenger having been at actual risk of immediate physical injury proximately caused by Company’s negligencelaw and/or in equity.
i) On cruises where the passenger commences the cruise by embarkation or disembarks at the end of the cruise in a port of a European Union Member State, Company shall be entitled to limit its liability under EU Regulation 392/2009 for personal injury or death of a passenger to no more than 400,000 Special Drawing Rights (“SDR”) (approximately $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal).
j) In addition to all the restrictions and exemptions from liability provided in this Passenger Agreement, Company shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained in this Passenger Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability.
Appears in 1 contract
Samples: Terms of Use
LIMITATION OF OUR LIABILITY. Except as otherwise expressly provided herein11.1. To the extent permitted by law, for PolicyXchange and the purposes of the defensesPolicyXchange Group hereby exclude all conditions, limitations of liability and rights of Company set forth in this Passenger Agreement onlywarranties, “Company” also includes any vessel used in your tour representations or other terms which may apply to our Platform, Site Content, Service, Product, User Content (or any substituted vessel) whether owned or operated by Companyincluding, the vessel’s owners, operators, managers, charterers, and agentswithout limitation, any affiliated or related companies thereof Insurance Content), Third Party Content and their officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilitiesThird Party Sites, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires. Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour, Small Ship or River Cruise.
a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied.
11.2. In addition and without prejudice to any right or remedy that PolicyXchange and the PolicyXchange Group may have (at law or otherwise in the relevant jurisdiction), regarding PolicyXchange and the suitabilityPolicyXchange Group shall not, safetyto the full extent permitted by law, insurance or other aspects be liable whatsoever to any User accessing and/or using our Platform, Site Content, Service, Product, User Content (including, without limitation, in relation to any Insurance Content), Third Party Content and Third Party Sites in respect of any Supplier and any transportationall losses, toursdamages, servicesclaim, products or facilities provided by Suppliers. We are not liable for any claim for lossliabilities, damage, bodily injury, deathemotional distress, misrepresentationcosts, delaycharges and/or expenses, inconvenience including profits or disappointmentopportunities (potential or actual) which may be deprived or lost and/or legal fees on a full indemnity basis, of whatsoever nature or howsoever arising from any action by a Supplier, (including but not limited to any negligent or willful act or failure Loss alleged to act be arising from breach of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort (including negligence), breach of statutory duty, or under any other theory of liabilityotherwise) (“Loss”), even if foreseeable or if PolicyXchange and regardless of whether we have the PolicyXchange Group had been advised of the as to such possibility of such damagesLoss. Notwithstanding PolicyXchange and the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
b) In connection with your cruise, Company PolicyXchange Group shall not be liable for any tours, activities, products Loss arising from or services, other than aboard Company’s vessels and tenders, provided in connection with:
(a) the access, beforeuse of, after inability to use or during unavailability of access of our Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content and Third Party Sites, for any reason;
(b) the update, change, deletion, suspension, modification, discontinuation, termination, replacement, correction to our Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content, Third Party Sites or Agreement;
(c) any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer or Device virus, malicious, destructive or corrupting code, agent program or macros, corruption, delay in operation or transmission or transmission error in connection with your cruiseaccessing our Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content and Third Party Sites;
(d) the wrongful or fraudulent use of your identification code or password;
(e) the transmission of confidential or sensitive information from you to us or if we communicate such information to you at your request over the Internet or electronic device;
(f) the use of or reliance on any content (including but is not limited to pre Site Content, User Content and post cruise activitiesThird Party Content), shore excursionsthe availability, hotel accommodationscurrency, mealssuitability, safety and completeness of the Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content and Third Party Sites;
(g) any virus, distributed denial-of-service attack, or transportation other technologically harmful material that may infect your computer or Device, programs, data or other proprietary material due to your use and/or access of Platform, Site Content, Service, Product, User Content, Third Party Content and Third Party Sites or to your posting of any content on it, or on any website linked to it;
(h) any misrepresentation, inaccuracy, inadequacy, error, incompleteness, offensiveness, opinion, omissions or delay in relation to the Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content and Third Party Sites;
(i) the lack of title, quality, reliability, safety, merchantability, fitness for a particular purpose, in respect of our Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content and Third Party Sites;
(j) the infringement of third party rights by your use and/or access of our Platform, Site Content, Service, Product, User Content, Third Party Content and Third Party Sites;
(k) any loss of profits, opportunities or data arising from your use of our Platform, Site Content, Service, Product, User Content, Third Party Content and Third Party Sites;
(l) the consequences of accessing our Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content and Third Party Sites and the lack of results from their use;
(m) any disputes or claims between Users and/or between Users and any third party;
(n) any cause which PolicyXchange and the PolicyXchange Group has no control over, whether fully or partly, including without limitation, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, failure of public transportation, common carrier communication or utility systems, data or other theft (including the theft of passwords, codes, log-in sequences or 2FA authentication devices) and operator errors;
(o) any Loss or damages arising from or in connection with any Force Majeure Event; and
(p) any disclosure required by any applicable laws or regulations.
11.3. Please note that in particular, if you are registered as a business user, we will not be liable for all:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings; or
(d) loss of business opportunity, goodwill or reputation.
11.4. Please also note that if you are registered as an individual user, we only provide our Platform, Site Content, Service, Product and User Content for your personal use as an individual and not for any commercial or business purposes. We have no liability to you for any loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill, reputation or business interruption. For the purposes of this Agreement, a sole proprietor is deemed to be acting on behalf of a business.
11.5. Without prejudice to the generality of the foregoing, PolicyXchange and the PolicyXchange Group shall not, in any event, be liable to any User whatsoever for any direct, indirect, special, incidental, punitive, exemplary or consequential Loss or damages, however caused, arising out of your use of or in connection with this Site, Site Content, Service, User Content, Third Party Content and Third Party Sites.
11.6. Notwithstanding anything to the contrary in the Agreement, and to the extent permitted by Applicable Laws, PolicyXchange’s liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to PolicyXchange for the Service during your term as a registered User. You acknowledge that if no fees are paid to PolicyXchange for the Service, you shall, unless otherwise permitted by law, not be entitled to damages of any kind by any vesselfrom PolicyXchange, aircraft, or other conveyance, including, but not limited to, air travel to and from regardless of the vessel which are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Company’s supervision or control. Company accepts no liability for any loss, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations cause of any excursion, service or transportationaction.
c) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
d) Company 11.7. PolicyXchange is not responsible for any injuryissues, lossdisputes and/or claims between Users and/or between Users and any third party and is not obliged to help, or damage to person or property, death, delay, disappointment or inconvenience assist and/or be involved in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tourmanner (including, whether or not that merchant is part of the scheduled itinerary.
f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss of or damage to such items when presented to Company in breach of this warranty. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnelprovide any information) in any such issues, photographersdisputes and/or claims. Should PolicyXchange decide to facilitate the resolution of any such issues, instructorsdisputes and/or claims, guest lecturers it does so base on its sole discretion and entertainers may withdraw from such facilitation at any time without any prior notice and other service personnel aboard a cruise shall be considered independent contractors who work directly for any reason. We will not make any determination of any issue, dispute and/or claim and Users should seek advice from professionals and/or authorities on the appropriate avenue and/or forum for the passenger.
h) In connection with your cruise, Company shall not be liable to the passenger for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such attributable to passenger’s physical injury or as the result of passenger having been at actual risk of immediate physical injury proximately caused by Company’s negligence.
i) On cruises where the passenger commences the cruise by embarkation or disembarks at the end of the cruise in a port of a European Union Member State, Company shall be entitled to limit its liability under EU Regulation 392/2009 for personal injury or death of a passenger to no more than 400,000 Special Drawing Rights (“SDR”) (approximately $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal).
j) In addition to all the restrictions and exemptions from liability provided in this Passenger Agreement, Company shall have the benefit resolution of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided therebysuch issues, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained in this Passenger Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liabilitydisputes and/or claims.
Appears in 1 contract
Samples: Terms of Use
LIMITATION OF OUR LIABILITY. Except as otherwise expressly provided herein, for the purposes of the defenses, limitations of liability and rights of Company set forth in this Passenger Agreement only, “Company” also includes any vessel used in your tour (or any substituted vessel) whether owned or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires. Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour, Small Ship or River Cruise.
a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
b) In connection with your cruise, Company shall not be liable for any tours, activities, products or services, other than aboard Company’s vessels and tenders, provided in connection with, before, after or during your cruise, including but not limited to pre and post cruise activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, aircraft, or other conveyance, including, but not limited to, air travel to and from the vessel which are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Company’s supervision or control. Company accepts no liability for any loss, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations of any excursion, service or transportation.
c) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
d) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.
f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss of or damage to such items when presented to Company in breach of this warranty. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel aboard a cruise shall be considered independent contractors who work directly for the passenger.
h) In connection with your cruise, Company shall not be liable to the passenger for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such attributable to passenger’s physical injury or as the result of passenger having been at actual risk of immediate physical injury proximately caused by Company’s negligence.
i) On cruises where the passenger commences the cruise by embarkation or disembarks at the end of the cruise in a port of a European Union Member State, Company shall be entitled to limit its liability under EU Regulation 392/2009 for personal injury or death of a passenger to no more than 400,000 Special Drawing Rights (“SDR”) (approximately $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal).
j) In addition to all the restrictions and exemptions from liability provided in this Passenger Agreement, Company shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained in this Passenger Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability.or
Appears in 1 contract
Samples: Passenger Agreement
LIMITATION OF OUR LIABILITY. Except as otherwise expressly provided herein11.1. To the extent permitted by law, for PolicyXchange and the purposes of the defensesPolicyXchange Group hereby exclude all conditions, limitations of liability and rights of Company set forth in this Passenger Agreement onlywarranties, “Company” also includes any vessel used in your tour representations or other terms which may apply to our Platform, Site Content, Service, Product, User Content (or any substituted vessel) whether owned or operated by Companyincluding, the vessel’s owners, operators, managers, charterers, and agentswithout limitation, any affiliated or related companies thereof Insurance Content), Third Party Content and their officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilitiesThird Party Sites, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires. Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour, Small Ship or River Cruise.
a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied.
11.2. In addition and without prejudice to any right or remedy that PolicyXchange and the PolicyXchange Group may have (at law or otherwise in the relevant jurisdiction), regarding PolicyXchange and the suitabilityPolicyXchange Group shall not, safetyto the full extent permitted by law, insurance or other aspects be liable whatsoever to any User accessing and/or using our Platform, Site Content, Service, Product, User Content (including, without limitation, in relation to any Insurance Content), Third Party Content and Third Party Sites in respect of any Supplier and any transportationall losses, toursdamages, servicesclaim, products or facilities provided by Suppliers. We are not liable for any claim for lossliabilities, damage, bodily injury, deathemotional distress, misrepresentationcosts, delaycharges and/or expenses, inconvenience including profits or disappointmentopportunities (potential or actual) which may be deprived or lost and/or legal fees on a full indemnity basis, of whatsoever nature or howsoever arising from any action by a Supplier, (including but not limited to any negligent or willful act or failure Loss alleged to act be arising from breach of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort (including negligence), breach of statutory duty, or under any other theory of liabilityotherwise) (“Loss”), even if foreseeable or if PolicyXchange and regardless of whether we have the PolicyXchange Group had been advised of the as to such possibility of such damagesLoss. Notwithstanding PolicyXchange and the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
b) In connection with your cruise, Company PolicyXchange Group shall not be liable for any tours, activities, products Loss arising from or services, other than aboard Company’s vessels and tenders, provided in connection with:
(a) the access, beforeuse of, after inability to use or during unavailability of access of our Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content and Third Party Sites, for any reason;
(b) the update, change, deletion, suspension, modification, discontinuation, termination, replacement, correction to our Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content, Third Party Sites or Agreement;
(c) any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer or Device virus, malicious, destructive or corrupting code, agent program or macros, corruption, delay in operation or transmission or transmission error in connection with your cruiseaccessing our Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content and Third Party Sites;
(d) the wrongful or fraudulent use of your identification code or password;
(e) the transmission of confidential or sensitive information from you to us or if we communicate such information to you at your request over the Internet or electronic device;
(f) the use of or reliance on any content (including but is not limited to pre Site Content, User Content and post cruise activitiesThird Party Content), shore excursionsthe availability, hotel accommodationscurrency, mealssuitability, safety and completeness of the Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content and Third Party Sites;
(g) any virus, distributed denial-of-service attack, or transportation other technologically harmful material that may infect your computer or Device, programs, data or other proprietary material due to your use and/or access of Platform, Site Content, Service, Product, User Content, Third Party Content and Third Party Sites or to your posting of any content on it, or on any website linked to it;
(h) any misrepresentation, inaccuracy, inadequacy, error, incompleteness, offensiveness, opinion, omissions or delay in relation to the Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content and Third Party Sites;
(i) the lack of title, quality, reliability, safety, merchantability, fitness for a particular purpose, in respect of our Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content and Third Party Sites;
(j) the infringement of third party rights by your use and/or access of our Platform, Site Content, Service, Product, User Content, Third Party Content and Third Party Sites;
(k) any loss of profits, opportunities or data arising from your use of our Platform, Site Content, Service, Product, User Content, Third Party Content and Third Party Sites;
(l) the consequences of accessing our Platform, Site Content, Service, Product, User Content (including, without limitation, any Insurance Content), Third Party Content and Third Party Sites and the lack of results from their use;
(m) any disputes or claims between Users and/or between Users and any third party;
(n) any cause which PolicyXchange and the PolicyXchange Group has no control over, whether fully or partly, including without limitation, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, failure of public transportation, common carrier communication or utility systems, data or other theft (including the theft of passwords, codes, log-in sequences or 2FA authentication devices) and operator errors;
(o) any Loss or damages arising from or in connection with any Force Majeure Event; and
(p) any disclosure required by any Applicable Laws or regulations.
11.3. Please note that in particular, if you are registered as a business user, we will not be liable for all:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings; or
(d) loss of business opportunity, goodwill or reputation.
11.4. Please also note that if you are registered as an individual user, we only provide our Platform, Site Content, Service, Product and User Content for your personal use as an individual and not for any commercial or business purposes. We have no liability to you for any loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill, reputation or business interruption. For the purposes of this Agreement, a sole proprietor is deemed to be acting on behalf of a business.
11.5. Without prejudice to the generality of the foregoing, PolicyXchange and the PolicyXchange Group shall not, in any event, be liable to any User whatsoever for any direct, indirect, special, incidental, punitive, exemplary or consequential Loss or damages, however caused, arising out of your use of or in connection with this Site, Site Content, Service, User Content, Third Party Content and Third Party Sites.
11.6. Notwithstanding anything to the contrary in the Agreement, and to the extent permitted by Applicable Laws, PolicyXchange’s liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to PolicyXchange for the Service during your term as a registered User. You acknowledge that if no fees are paid to PolicyXchange for the Service, you shall, unless otherwise permitted by law, not be entitled to damages of any kind by any vesselfrom PolicyXchange, aircraft, or other conveyance, including, but not limited to, air travel to and from regardless of the vessel which are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Company’s supervision or control. Company accepts no liability for any loss, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations cause of any excursion, service or transportationaction.
c) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
d) Company 11.7. PolicyXchange is not responsible for any injuryissues, lossdisputes and/or claims between Users and/or between Users and any third party and is not obliged to help, or damage to person or property, death, delay, disappointment or inconvenience assist and/or be involved in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
e) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tourmanner (including, whether or not that merchant is part of the scheduled itinerary.
f) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Company does not undertake to carry as baggage on any cruise any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Company as baggage on any cruise, and release Company from all liability whatsoever for loss of or damage to such items when presented to Company in breach of this warranty. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
g) All health, medical or other personal services provided in connection with your cruise are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnelprovide any information) in any such issues, photographersdisputes and/or claims. Should PolicyXchange decide to facilitate the resolution of any such issues, instructorsdisputes and/or claims, guest lecturers it does so base on its sole discretion and entertainers may withdraw from such facilitation at any time without any prior notice and other service personnel aboard a cruise shall be considered independent contractors who work directly for any reason. We will not make any determination of any issue, dispute and/or claim and Users should seek advice from professionals and/or authorities on the appropriate avenue and/or forum for the passenger.
h) In connection with your cruise, Company shall not be liable to the passenger for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such attributable to passenger’s physical injury or as the result of passenger having been at actual risk of immediate physical injury proximately caused by Company’s negligence.
i) On cruises where the passenger commences the cruise by embarkation or disembarks at the end of the cruise in a port of a European Union Member State, Company shall be entitled to limit its liability under EU Regulation 392/2009 for personal injury or death of a passenger to no more than 400,000 Special Drawing Rights (“SDR”) (approximately $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal).
j) In addition to all the restrictions and exemptions from liability provided in this Passenger Agreement, Company shall have the benefit resolution of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided therebysuch issues, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing contained in this Passenger Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liabilitydisputes and/or claims.
Appears in 1 contract
Samples: Terms of Use
