2019 PASSENGER CONTRACT
PLEASE REMEMBER ALL PAYMENTS ARE NON-REFUNDABLE
THE FOLLOWING DOCUMENTS [COLLECTIVELY, THE “CONTRACT”] CONTAIN:
THESE DOCUMENTS CONTAIN IMPORTANT LIMITATIONS ON AND/OR TO YOUR RIGHTS AND BOTH THE TICKET CONTRACT AND THE SUPPLEMENTAL CONTRACT TOGETHER CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND ROYAL CARIBBEAN CRUISE LINE AND BETWEEN YOU AND PADDINGTON (AS DEFINED BELOW). PLEASE READ CAREFULLY ALL THE TERMS OF THIS CONTRACT, PAYING PARTICULAR ATTENTION TO SECTIONS 1 THROUGH 16 OF TICKET CONTRACT (below) AND SECTIONS 1 THROUGH 11 OF THE SUPPLEMENTAL CONTRACT AND RETAIN THEM FOR YOUR FUTURE REFERENCE.
Dream Weekend Cruise 2019 Passenger Contract, consisting of the Ticket Contract and the Supplemental Contract, is subject to change at any time. The Royal Caribbean Cruise Line ticketing contract text appended hereto as Exhibit “A” was current as of July 16, 2018 but could be changed at any time without notice. For the most current Royal Caribbean Cruise Line ticketing contract visit:
All references to “Paddington ” shall be understood to include Paddington and any entity wholly owned by PADDINGTON INVESTMENTS LIMITED or affiliated through ownership with the owners of PADDINGTON INVESTMENTS LIMITED. All references to “Royal Caribbean” to “Cruise Line” or to “Royal Caribbean Cruise Line” shall be understood to mean Royal Caribbean Cruise Line. For purposes hereof, each reference to a Royal Caribbean Cruise Line “promotional partner” shall include Paddington, but in no instance shall the Cruise Line be (or reasonably be considered to be) Paddington ’s principal or agent; likewise, in no instance shall Paddington be (or reasonably be considered to be) the Cruise Line’s principal or agent. You acknowledge and expressly agree that “Paddington” solely in its capacity as independent contractors in reselling accommodations aboard any Cruise has no right or ability to control or direct the operational or navigational activities of the vessel or crew in any manner whatsoever whether aboard the ship or ashore, including without limitation persons furnishing services to the vessel or to the guests including shore side excursions, personnel, or contractors, embarkation and disembarkation to and from the vessel, conditions of the vessel and its equipment. All references to the “Cruise” or to “Dream Weekend Cruise 2019” (or any variation of the event name) shall be understood to refer to the promotional title Dream Weekend Cruise 2019, which shall happen to take place aboard a Royal Caribbean Cruise Line vessel. All references to “Guest” shall have the same meaning as “Passenger” for purposes of this Contract (including the Ticket Contract and the Supplemental Contract) and shall include each person listed on a Ticket Contract and each person, other than Paddington personnel, Royal Caribbean Cruise Line personnel, and artists and artist personnel, who embarks on the Cruise or attends any Cruise or Cruise related event, whether or not listed on a Cruise Ticket Contract. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine as context requires.
Each Guest’s reservation for Dream Weekend Cruise 2019, acceptance and/or use of the Ticket Contract, the Supplemental Contract, embarkation on the Cruise, and attendance at any Cruise event constitute the acceptance of and agreement to this Contract including the Ticket Contract and the Supplemental Contract.
By purchasing or accepting the Ticket Contract you represent to and for the benefit of Paddington and Royal Caribbean Cruise Line that you are authorized by all Guests named in your reservation group, including each minor, if any, to accept and agree on behalf of each such Guest to be bound by all the Terms and Conditions of this Contract including the Ticket Contract and Supplemental Contract, which are set forth or incorporated herein by reference; you further hereby agree to indemnify and hold Paddington harmless from any and all third party claims that arise or may arise out of the acceptance of this Contract including the Ticket Contract and Supplemental Contract. This Contract is not transferrable and you may not sell or assign it. It is valid only on the vessel and for the voyage and event indicated. This Contract may not be modified except in writing signed by Paddington and the Royal Caribbean Cruise Line Ticket Contract may not be modified except as provided therein. The terms, conditions and limitations herein shall apply to any and all disputes between you and Paddington, regardless whether arising aboard the vessel or in any other place, location or any mode of transportation whatsoever. All rights, defenses, disclaimers and limitations of liability set forth herein shall inure to the benefit of Paddington. Neither Paddington, nor any of its employees have any authority to change, modify, alter or suspend any of the provisions of the Ticket Contract between the Guest and Royal Caribbean Cruise Line which shall govern the relationship between Guest and Royal Caribbean Cruise Line exclusively.
The following Supplemental Terms and Conditions are incorporated in and made a part of the Contract between each Guest and Paddington. Each reservation or acceptance or utilization of the Royal Caribbean Cruise Line Ticket Contract or embarkation on the Cruise or attendance at any Cruise related event constitutes agreement with and acceptance of the following Supplemental Terms and Conditions, in addition to the terms and conditions of the Royal Caribbean Cruise Line Ticket Contract:
Dream Weekend Cruise 2019 is a promotional cruise featuring a Paddington theme with merchandise and other Paddington themed events. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular event on any particular date to be performed by any particular person or party. Paddington and Guest agree that Guest is simply purchasing a berth or berths from Paddington on board a specific vessel during a specific period of time in a specific cabin on board the vessel during the Cruise. Guest acknowledges that Paddington is reselling Guest accommodations subject to the terms and conditions set forth in this Contract that it pre-purchased from the Cruise Line. Included in such purchase price, but ancillary thereto, is a Paddington themed-cruise. Paddington is not an agent of the Cruise Line and the Cruise Line is not an agent of Paddington. While efforts are made to avoid conflicting events and/or performances, Paddington cannot guarantee that any Guest will be able to attend every event aboard the Cruise. Paddington can make no guarantee that any guest will in fact be able to meet any of the entertainers, if any, in person during the Cruise or during any shore excursion.
Paddington reserves the right to increase published prices without notice. In the event of an increase, only new reservations will be affected. Any reservations made prior to the fare increase will be protected at the rate they at which they were booked and if deposit has been paid by Guest and received by Paddington. Payment for the Cruise shall be made in US Dollars. ALL DEPOSITS PAYMENTS AND FEES ARE NONREFUNDABLE.
Paddington accepts reservations and payments according to two schedules:
Payment in full up front is self-explanatory. Guests who pay in full are finished and will not have to be concerned about payment of further installments unless they modify their reservation.
The Automatic Billing Plan allows guests to establish an evenly divided installment payment schedule. Paddington then automatically charges the guest’s authorized credit card for the applicable charges on the scheduled dates. Guests who wish to enroll in the Automatic Billing Plan will be required to make the initial deposit at the time of booking, and then authorize in advance additional charges to be processed on the 1st or 30th of the month. Whichever is closer to the initial deposit date. Because the installment payments are evenly divided, guests are not faced with a large final payment. There is no additional charge for participation in the Automatic Billing Plan.
In addition to the combined Cruise fare, Paddington will collect in advance all taxes, port charges and fees, including, without limitation, a booking fee and gratuities. The remaining consideration paid by each Guest for the Cruise shall be allocated to the ship passage portion, including stateroom and meals. The individual making the reservation for Dream Weekend Cruise 2019 is considered the “Lead Passenger” in whose name the reservation is held. The consideration for the cruise shall be deemed to be earned when paid and is not refundable.
Full Payment of the Purchase Price includes the accommodations on the Cruise, all meals, entertainment and services normally provided to guests on a regular cruise. The Purchase Price does not include any items of a personal nature, shore excursions, gift shops, valet, massage, etc. or any other expenses for which guests are normally assessed individual charges during regular cruises. The Purchase Price does not include pre-sailing and post-sailing packages, air transportation, or ground transportation to and from the Vessel. The Purchase Price does not include other items aboard the Vessel, including but not limited to Casino and Bingo, Beverage Sales; Shore Excursions sold to guests on the Cruise (whether the shore excursion is offered by the Cruise Line or a third party); Onboard Gift Shops & Retail Stores; Internet Services; Hair/Beauty/Spa Products & Services sold to guests on the Cruise; Art Auctions; Specialty Restaurants and other food and beverage venues; Telephone; Photo Products & Services; and Laundry / Dry Cleaning Services. For the avoidance of doubt, gratuities are not included and will be paid on board the Cruise directly to Royal Caribbean. Further, hotel accommodations, ground transfers, optional cancellation insurance and any items of a personal nature are not included in the cruise fare.
Terms and conditions defined in this paragraph supersede Royal Caribbean Cruise Line’s policies.
ALL DEPOSITS, PAYMENTS and TAXES/FEES ARE NON-REFUNDABLE.
Because of the nature and uniqueness of Dream Weekend Cruise 2019 Paddington has a strict cancellation policy and any changes to your reservation that involve changing, adding, or removing existing guests or upgrading the value of your stateroom to a higher priced stateroom can only be requested by the Primary Passenger.
The Primary passenger, in whose name the reservation is held, may change the name of any accompanying passenger in the same stateroom for a $100-$200 fee (the “Transfer Fee”) depending on the date the name change request is made. The final day for making any changes to any active reservation is 30-days before the sailing date. Any and all changes must be made by calling our customer support center, or via email to Support@DreamWeekendCruise.com and are subject to Paddington’s approval in the exercise of its sole discretion. A reservation for the cruise is valid only for the person(s) named within reservation as Guests and cannot be transferred without Paddington’s prior written consent. With written consent, and only prior to when the event sells out, the Primary Passenger may transfer the reservation to another Primary Passenger with payment of the Transfer Fee charged to the reservation.
Paddington will not consent to a reservation transfer (Lead Passenger change) during any presale period, after an event sellout when a waiting list exists, or after the final payment date.
Paddington RECOMMENDS (but does not require) that each Guest purchase travel insurance for the Cruise. Once purchased, protection plan fees are nonrefundable. Guests that have purchased cruise insurance and need to cancel for a covered condition may be able to make a claim with the insurance carrier but Paddington’s obligations, if any, shall be subject solely to the provisions of this Contract. You can find more details about available insurance by copying this link and directly pasting it into your browser (https://www.itravelinsured.com/travel-insurance-quote/consumer?AgentNo=5331). Do not click directly into the link from this document, it must be copied from this page and paste into your web browser directly.
By making the reservation for Dream Weekend Cruise 2019 or by accepting and/or using the Ticket Contract by the persons named thereon as Guests, and/or embarking on the Cruise and attending any Cruise related events, the Lead Passenger and each Guest on the same reservation, acknowledges he or she has read, understands and agrees to be bound by each and every term, condition and provision of the Royal Caribbean Cruise Line passenger Ticket Contract. Each Guest further agrees that, except as otherwise provided herein, the terms, conditions and limitations of the Royal Caribbean Cruise Line Ticket Contract are incorporated in this Passenger Contract as if set forth fully herein, and Paddington shall be entitled to the benefit of all rights, terms, conditions, and limitations granted Royal Caribbean Cruise Line in the Ticket Contract thereunder as though Paddington were specifically named therein.
PLEASE READ CAREFULLY: Royal Caribbean Cruise Line has reserved, in the Royal Caribbean Cruise Line Ticket Contract, the right to cancel the Cruise, and by extension the Ticket Contract at the port of embarkation or at any time during the voyage. If the Cruise is cancelled completely prior to embarkation, each Guest shall receive a refund of his or her passage fare paid. If the Cruise is cancelled during the voyage, each Guest shall receive a refund of a proportionate part of his or her passage fare paid in accordance with the terms of the Ticket Contract. Paddington shall have no further liability for damages or compensation of any kind, and specifically SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING THEREFROM.
Paddington may, but it not obligated to enter into an agreement with a performing artist or entertainer on the Dream Weekend Cruise 2019 to be present on board the Cruise and to perform in accordance with terms specified therein. However, neither Paddington nor Royal Caribbean Cruise Line shall be liable or responsible for failure of any artist or entertainer to appear on board or to perform under its agreement and neither Royal Caribbean Cruise Line nor Paddington shall be liable for any damages arising therefrom, including but not limited to consequential damages. Further, neither Paddington nor Royal Caribbean Cruise Line shall be liable or responsible for any loss, damage, cost, or expense of any kind to any Guest or any other person or entity in the event that such performance or event is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the vessel (for which the Master shall be the sole judge), breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by governmental authority, illness, death of a family member or other cause or circumstance beyond Paddington ’s reasonable control, including but in no way limited to consequential damages. In the event of any failure of contracted artists to perform during the cruise, Paddington, in its sole discretion, may (but is not obliged to) engage a replacement artist or artists, or may change, postpone or terminate all or any part of the Cruise or the entertainment program or change the program or itinerary. In such case, Paddington, shall have no liability to any Guest for any loss, damage, cost or expense whatsoever by reason of such change.
In any other case including, without limitation, any breach of contract or failure to perform by any artist or entertainer, Guest acknowledges and agrees that Passenger is not entitled to any remedy as liquidated damages.
Artists are scheduled to appear on the Dream Weekend Cruise 2019, but not guaranteed and are subject to change at Paddington ’s sole discretion.
Paddington has the exclusive right to include photographic, video and other visual portrayals of Passenger in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Passenger, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Paddington’s sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger.
Additionally, the events taking place on the cruise are being videotaped/recorded for audio and audio- visual programming. By boarding the Dream Weekend Cruise 2019, you hereby irrevocably grant to Paddington or any of its contractors the right to photograph and record your image and activities and record your voice. The resulting photographs, videos and recordings (“Content”) and all rights therein (including copyrights) shall be owned by Paddington and may be used by Paddington in any programming and/or otherwise throughout the world, in any and all media, in perpetuity without restriction and with no obligations or payments to you. You waive any right to inspect or approve the Content. You hereby fully release and waive any right to bring any action in law or equity against Paddington and its respective parent and related companies, subsidiaries and affiliates and their past, present, and future officers, agents, representatives, employees, successors and assigns for such use.
You acknowledge that you are at least eighteen years of age. If you are the parent or legal guardian of a minor(s) under eighteen years of age on the cruise, by bringing the minor(s) you agree and acknowledge that you are granting all of the same rights set forth herein with respect to the minor(s).
Thanks for your cooperation and enjoy the event.
Passengers must be 18 years of age or older on date ship embarks. Ages will be verified at embarkation and any passenger who does not meet the age requirements will be denied boarding and no refunds will be made.
Paddington has a zero-tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in immediate disembarkation from the vessel as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases Paddington and Royal Caribbean Cruise Line shall not be liable for any refund or other compensation or damages.
It is agreed by and between each Guest and Paddington that all disputes and matters whatsoever arising under, in connection with or incident to this agreement or to Dream Weekend Cruise 2019, including any dispute or matter arising out of or related to Guest’s travel to the vessel involving Paddington, shall be litigated if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami Dade County, Florida, U.S.A. to the exclusion of the courts of any other county, state or country. In any and all disputes, Guest shall provide immediate notice to Paddington of any and all details of the dispute and in no instance shall Guest provide notice to Paddington later than 6 months after the incident giving rise to the Dispute or else Guest shall WAIVE all its rights under the Contract.
All notices, demands, requests and other communications (collectively, “Communications”) required or permitted to be given to any party pursuant to this Agreement (I) must be in writing and (ii) must be served either by (A) depositing the same in the United States mail, full postage prepaid, certified or registered with return receipt requested, (B) delivering the same by a nationally recognized overnight air courier service, full delivery cost paid, or (C) delivering the same in person. Any Communication shall be deemed received when delivered in person, three business days after sending by United States mail or one business day after sending by overnight courier. For the purpose hereof, the addresses of the parties hereto are as follows:
PADDINGTON INVESTMENTS LIMITED
c/o Epic Cruise Solution Inc.
350 S Miami Ave, Suite A
Miami, Florida 33130
Attn: Roger McGregor
Guest hereby authorizes Paddington to provide to CRUISE LINE the names and addresses of Guests whom electronic tickets are to be issued. Guest shall complete CRUISE LINE’s online registration process or sign his or her ticket prior to boarding to acknowledge that he or she shall be bound by the terms of such ticket.
Once an electronic ticket has been issued, complimentary personalized ship luggage tags may be requested through the Online Check-In page at www.royalcaribbean.com. Upon request, luggage tags will be mailed to Guests from the United States and Canada or will be provided to Purchaser or Purchaser’s designated travel partner. Online requests for ship luggage tags must be received no later than fourteen (14) days prior to the Sailing Date.
Guest hereby accepts and agrees to the Cruise Line’s berthing policies. Approximately between four to six (4-6) weeks before the sailing date, you will receive an email confirming your stateroom number and booking number for the cruise. The email will contain directions on how
to register with “CRUISE LINE” online in order to print your boarding documents for embarkation day, sign up for shore excursions, and register a credit card for onboard purchases. All guests are required
to complete this online registration no later than five (7) days prior to cruising. Adults will be responsible for registering the minors in their party. Every guest must be registered with “CRUISE LINE” before the sailing date. While guests may indicate cabin, location, deck or other preferences on their Booking Form, the Cruise Line and “Paddington” and its third-party partners cannot guarantee the availability of any specific stateroom, deck or location to a booking. Guests represent and acknowledge that he/she and individuals traveling with Guest are fit for travel and that such travel will not endanger themselves or others.
Additionally, Guest understands that CRUISE LINE and/or Paddington shall have the right to deny boarding for any violations of any of the policies set forth in this Contract without any liability for refund, compensation, loss or damages to the Guest or those traveling with the Guest. Guests eligible to sail include the following and subject to following restrictions:
Guests must possess all proper travel documentation, a valid passport or a government issued original (not a copy) Birth Certificate and a laminated government issued picture ID with photo, legal name and date of birth, which are required at the time of embarkation and throughout the cruise and is the responsibility of the Guest. Any guest traveling without proper documentation will not be allowed to board the vessel and no refund of the cruise fare will be issued. For further information, see the U.S. Customs and Border Protection website. Travel documents (passports) must be valid for up to 6 months after the date of disembarkation. The requirements above are for US citizens; non-US nationals may require entry visas in addition to their valid passports. Please check with the US Department of State for current visa requirements.
Guest must have all required inoculations or other requirements as may be necessary to enable them to embark, visit and disembark at the various ports of call and CRUISE LINE reserves the right to deny without penalty or liability the right to board the Vessel to any Guest who does not possess or satisfy the necessary requirements.
This Agreement, including with the following exhibits and schedules hereto, constitute the complete and exclusive statement of the terms and conditions of the agreement relating to the subject matter hereof and supersedes all prior negotiations, understandings and agreements, whether written or oral, between the parties.
Copyright © 2018 Paddington. All Rights Reserved.