By signing this Cruise Cabin Contract as the Lead Guest, I assume responsibility for making corrections and updates to my cabin record via the 42nd Street Cruises website or via email (if so directed). I also assume full financial responsibility for this cabin’s invoice as per this cruise contract. This financial responsibility applies to all guests in my cabin even if these guests are not family members or otherwise related to me. I understand this contract is valid upon completing the cruise deposit.
VERY IMPORTANT TERMS
- Only Lead Guests may make payments, changes and updates to his or her cabin. All payments, changes and updates must be made through 42nd Street Cruises and not directly with the cruise line.
- Cabins must be booked directly through 42nd Street Cruises. Any cabins booked outside of 42nd Street Cruises may not be transferred into the agency under any circumstances. If a lead guest attempts to transfer a booking into the agency, even on the advice of the cruise line, the booking will be canceled by the agency immediately when transfer is complete.
- Lead Guests may not call the cruise line regarding their reservation for any reason other than a.) to book dining reservations, b.) to book excursions, and c.) to inquire about specifics regarding required travel identification and travel documentation.
- If Lead Guest attempts to call cruise line directly representing themselves as a representative of 42nd Street Cruises, the cruise cabin will be immediately canceled and refunded as per the cancellation schedule.
CRUSIE CABIN CONTRACT AGREEMENT FOR 42ND STREET TOURS & TRAVEL, LLC (D.B.A. 42ND STREET CRUISES)
ARTICLE ONE: RESPONSIBILITIES
Section 1. Responsibilities for Cruise Plans.
42nd Street Cruises shall be solely responsible for making and carrying out all cruise arrangements and services included in the cruise package purchased by the Group Participant (i.e. School, Dance Studio, etc.) and/or the Lead Guest (signer of this contract) from 42nd Street Cruises pursuant to the terms of this contract. Such arrangements and services may include necessary program changes which 42nd Street Cruises shall be responsible for making to the package prior to departure due to unforeseen costs or other contingencies. 42nd Street Cruises shall be responsible for the supervision of its tour agents who will in turn be responsible for carrying out the final arrangements and services pursuant to the details of the cruise package.
Section 2a. Responsibilities of the Airline.
The responsibilities of any airline designated as the carrier for the tour shall apply only to the air transportation which is scheduled for the tour. The direct air carrier's liability in the event of changes, delays, loss of or damage to baggage or for death or injury to a person or to property is subject to and limited by the terms of the applicable tariffs of the airline. No promotional airfares which may apply to air transportation are guaranteed until after tickets are purchased. 42nd Street Cruises has no control over an airline’s action of changing flight times, numbers, and splitting groups. Taxes for flights can increase after booking and an increase will be assessed to the Lead Guest. Packages are non-refundable by 42nd Street Cruises is flights are canceled for any reason.
Section 2b. Responsibilities of the Cruise Line.
The responsibilities of any Cruise Line designated as the carrier for the cruise shall apply only to the cruise transportation and amenities scheduled for the cruise. The direct cruise carrier's liability in the event of changes, delays, loss of or damage to baggage or for death or injury to a person or to property is subject to and limited by the terms of the applicable tariffs of the cruise line. No promotional cruise fares which may apply to cruise transportation for the cruise are permitted after the cruise cabin deposit has been made. 42nd Street Cruises has no control over the cruise line’s action of changing cruise rates. Taxes and fees for cruises can increase after booking and an increase will be assessed to the traveler. Packages are non-refundable by 42nd Street Cruises if the cruise is canceled, however the cruise line can (and most likely will) issue a refund or credit for a future cruise.
Section 3. Responsibilities of Individual Participants.
The responsibilities of the individual participants are as follows:
- Participants are responsible for complying with all tour rules and regulations published or announced by 42nd Street Cruises which may include but shall not be limited to dress code, curfew, attendance at activities and social behavior; participants who are determined not to be in compliance with such standards by any member of the staff at any time shall be subject to termination without refund and shall bear their own expense of returning home from the cruise.
- Participants are responsible at all times for adhering to the age restriction of twenty-one (21) years and older as imposed by 42nd Street Cruises with respect to the use and possession of alcoholic beverages and non-prescription narcotic drugs. Any participant who is under twenty-one (21) years of age and who is found to be in violation of this restriction shall be subject to termination of their cruise without refund and shall bear his or her own expense of returning home from the cruise.
- Participants are responsible for the payment before departure of any incidental expenses which they may incur as a guest on the cruise ship. Such expenses may include but shall not be limited to use of the telephone, room service or other services requested, personal expenses and damage to the cabin or items taken from the cabin to which the individual participant is assigned. Expenses incurred by the traveler will be billed directly to the Lead Guest on the room reservation and/or to the Group Leader. Lead Guest’s credit card of record may be billed for these expenses during or after travel.
- Participants are responsible for any medical costs that they may incur at any time during the cruise, including but not limited to medical care, prescriptions and transportation to a medical care facility or to an individual participant’s home; provided, however, that such costs may be covered by any health or accident insurance which either the Group Participant, Group Leader or an individual participant may choose to purchase.
- Transportation costs associated with the cruise including motor vehicle, water craft, parking during your cruise, air travel, shuttles, or any other means of travel are the logistical and financial responsibility of the individual participant, Group Participant, or Lead Guest.
- The Lead Guest is responsible for maintaining all proper travel documentation and identification for all guests in his/her cabin as per the guidelines set forth by the Cruise Line, TSA, Federal, State, Local and Foreign Governments. It is the responsibility of the Lead Guest to keep current on any changes or additions to the current requirements. Proper travel documentation is the sole responsibility of the Lead Guest.
ARTICLE TWO: RELEASE AND INDEMNIFICATION
Section 1. Agreement to Indemnify.
The Group Participant and Lead Guest hereby agrees to indemnify and hold harmless 42nd Street Cruises and its staff members, together with any agents thereof, from any financial liability or obligation incurred by either the Group Participant or any individual participant and from any injury or damage to the person or property of others which any individual participant causes or contributes to while participating in a cruise booked through 42nd Street Cruises. The Group Participant and Lead Guest as a party to this Contract, and each individual participant as a registered applicant for the cruise, releases 42nd Street Cruises and its staff members, together with any agents thereof, from any and all causes of actions, claims and damages of any kind or nature whatsoever arising from any injury, loss, damage, expense, accident, delay, or other inconsistency which is in any way connected with the management or conduct of a 42nd Street Cruises program.
Section 2. Release from Events out of the Control of 42nd Street Cruises
The Group Participant and Lead Guest hereby releases 42nd Street Cruises and its staff members, together with any agents thereof, from any claims resulting from events, acts or failures to act which are out of the control of 42nd Street Cruises and which may include but shall not be limited to acts of God, acts of war or terrorism, restrictions imposed by a country and/or its government, and acts, non-acts or events controlled by outside organizations such as transportation companies, restaurants and hotels which may be associated with the arrangements of the cruise. 42nd Street Cruises reserves the right to cancel any performance, without refund, for any reason. 42nd Street Cruises does not guarantee an audience for performances. 42nd Street Cruises does not guarantee against attraction closings, construction, alternate cast members in stage shows, or any other event out of the control of 42nd Street Cruises
Section 3. Model Release.
Group Participant, Lead Guests, individual participants and parents/guardians of minor individual participants authorize, without compensation, 42nd Street Cruises and its contractors, agencies and representatives to copy and reproduce for the purpose of illustration, advertising, display and publication in any manner photographs taken of participants while participating in a cruise arranged by 42nd Street Cruises.
Section 4. Parental Consent.
By signing this contract, the Group Leader and Lead Guest agrees to collect release forms from the parent or legal guardian of all minor individuals holding 42nd Street Cruises harmless. These forms will include emergency contact information and a signatory proxy statement authorizing treatment in the event of an emergency. Release forms are to be made available to 42nd Street Cruises upon request at any time prior to, during, or after the tour for up to 5 years.
ARTICLE THREE: FEES: PAYMENTS AND CANCELLATIONS
Section 1. Costs, Payment Arrangements, and Procedures.
Payments for the cost of the cruise must be made to to the cruise line thru 42nd Street Cruises by the Group Participant in up three installments, with the final payment due no later than one hundred and twenty (120) days prior to the scheduled departure date. Actual payment dates will be printed on the first invoice and may vary based on vendor due dates. Late payments by Group Participant or Lead Guests will result in a 5% late fee of the balance due, and will be assessed every ten (10) days until paid. Delinquency of thirty (30) days or more will result in a cancellation of the delinquent cabin and all its guests without refund. Should 42nd Street Cruises or the cruise line realize prior to the departure date of the cruise any increase in the cost, those costs will correspondingly increase the cost of the cruise and be passed on as such to the Group Participant and Lead Guest. Payment of any such additional costs for the cruise program by the Group Participant must be included in the final installment payment, or may be made by separate payment prior to departure date if the final installment has already been paid. Additional increases may be realized and passed on to the Lead Guest such as taxes or fuel surcharges which are also out of the control of 42nd Street Cruises. Payments made on a “Cabin-Level” to the cruise line thru 42nd Street Cruises will be made by a single Lead Guest in the room who, by signing this contract agrees to assume the responsibility of making payments on behalf on all guests in the Lead Guest’s room or cabin. Furthermore, only the Lead Guest can make changes, make payments, receive refunds, change the default payment source, update names, ages, or inclusions for any guest in Lead Guest’s room or cabin. Any and all changes or updates must be submitted directly by the Lead Guest. 42nd Street Cruises cannot and will not discuss any reservation or financial matters for any cabin with anyone other than the Lead Guest and the Group Participant. Lead Guest agrees to submit information, questions and changes in writing via the 42nd Street Cruises website or via email as instructed to do so by 42nd Street Cruises. Lead Guest agrees by signing this contract, that no payments or changes to the room and its guests will be made over the telephone. Payment schedule will generally (but not always) follow these guidelines:
- Deposit Payment (variable date) - Deposit (amount listed in Lead Guest Packet may vary based on cabin type, date booked, and number of guests in the cabin) due during booking phone call from 42nd Street Cruises (the Lead Guest will receive the call on or shortly after the pre-registration close date listed in the Lead Guest Packet). Performance and workshop fees will also be charged at this time (if applicable).
- 180 Days Prior to Sailing - 50% of the total cabin cost (less the deposit) will be automatically charged to the Lead Guest’s credit card on file. If a credit card is declined, 5% of the past due balance will be added every 10 days. Cabin will be canceled when 30 days past due and refunded as per the cancellation schedule below.
- 120 Days Prior to Sailing - The remaining 50% of the total cabin cost will be automatically charged to the Lead Guest’s credit card on file. If a credit card is declined, 5% of the past due balance will be added every 10 days. Cabin will be canceled when 30 days past due and refunded as per the cancellation schedule below.
The payment schedule outlined above may be altered by 42nd Street Cruises if necessary. Any change to the standard payment schedule will be listed in the Lead Guest Packet. Payment dates will also be listed on the Lead Guest’s invoice. 42nd Street Cruises is not required to give advance notification before automatically charging scheduled payments, however Lead Guests will receive, via email, an updated invoice reflecting the payment made within a reasonable time period. Payments will be processed by the cruise line directly and/or thru 42nd Street Cruises.
Section 2. Name Changes (Guest Change or Spelling Correction)
All name changes and spelling corrections must be made via the 42nd Street Cruises website or by email (if directed to do so). All costs will be billed by 42nd Street Cruises (not the cruise line). Any name changes made will be as follows:
- Name changes received during the period which is 131 days or more prior to the departure date of the cruise will incur a $25 fee per instance providing at least one of the original guests remain in the cabin. If none of the original guests remain, the cabin will be considered “canceled” and follow the cancellation schedule listed below. Any new guests who were not listed on the original cabin will considered as a “new cabin” at the current prevailing cruise line rate.
- Name changes received during the period which is 130-101 days prior to the departure date of the cruise will incur a $50 fee per instance providing at least one of the original guests remain in the cabin. If none of the original guests remain, the cabin will be considered “canceled” and follow the cancellation schedule listed below. Any new guests who were not listed on the original cabin will considered as a “new cabin” at the current prevailing cruise line rate.
- Name changes received during the period which is 100-85 days prior to the departure date of the cruise will incur a $75 fee per instance providing at least one of the original guests remain in the cabin. If none of the original guests remain, the cabin will be considered “canceled” and follow the cancellation schedule listed below. Any new guests who were not listed on the original cabin will considered as a “new cabin” at the current prevailing cruise line rate.
- Name changes received during the period which is 84-45 days prior to the departure date of the cruise will incur a $100 fee per instance providing at least one of the original guests remain in the cabin. If none of the original guests remain, the cabin will be considered “canceled” and follow the cancellation schedule listed below. Any new guests who were not listed on the original cabin will considered as a “new cabin” at the current prevailing cruise line rate.
- Name changes received during the period which is 44-0 days prior to the departure date of the cruise may not be made without approval of 42nd Street Cruises AND the cruise line. These changes (if possible) will incur a $150 fee per instance providing at least one of the original guests remain in the cabin. If none of the original guests remain, the cabin will be considered “canceled” and follow the cancellation schedule listed below. Any new guests who were not listed on the original cabin will considered as a “new cabin” at the current prevailing cruise line rate.
Section 3. Changes to your booking.
Lead Guests are permitted to make changes to their booking as they wish, however the following fee schedule applies:
- Changes to stateroom location, category, or promotions - $125 per-occurrence
- Adding or removing guests with no change in stateroom required by cruise line - $25 per-occurrence
- Adding or removing guests and rebooking new stateroom is required by cruise line - $50 per-occurrence - Changing the number of guests in a cabin after booking may require rebooking a new cabin at current rates. This is called an ‘Occupancy Restriction’. If a Lead Guest changes the number of travelers in his or her stateroom and an Occupancy Restrictions is imposed, the money currently on the original booking will transfer to the new booking, however the new booking will be at the current prevailing rate with the current promotions.
Section 4. Terms for Cancellation.
In addition to the penalties of a partial refund or non-refund described below, the Lead Guest shall be subject upon cancellation to the particular restrictions and penalties which may be levied by any transportation company that may be providing transportation for the tour. In the event that the Lead Guest cancels a reservation, notice of cancellation must be provided to 42nd Street Cruises via 42nd Street Cruises website using the cancellation option. Refunds shall only be provided as follows (this schedule may differ from that of the cruise line):
CANCELLATIONS OF ENTIRE CABIN
- Cabin cancellations received 131 days or more prior to the departure date of the cruise will incur a penalty of the entire deposit amount. Pre-paid gratuities are refundable. Performance and workshop fees are not refundable. Any refund due will credit to the same credit card(s) used for payment.
- Cabin cancellations received 130-101 days prior to the departure date of the cruise will incur a penalty of 25% on the total cabin cost. Pre-paid gratuities are refundable. Performance and workshop fees are not refundable. Any refund due will credit to the same credit card(s) used for payment.
- Cabin cancellations received 100-85 days prior to the departure date of the cruise will incur a penalty of 50% of the total cabin cost. Pre-paid gratuities are refundable. Performance and workshop fees are not refundable. Any refund due will credit to the same credit card(s) used for payment.
- Cabin cancellations received 84-45 days or less prior to the departure date of the cruise will incur a penalty 75% of the total amount of the cabin cost. Pre-paid gratuities are refundable. Performance and workshop fees are not refundable. Any refund due will credit to the same credit card(s) used for payment.
- Cabin cancellations received 44-0 days or less prior to the departure date of the cruise will incur a penalty of 100% of the total amount of the cabin cost. Pre-paid gratuities are not refundable if canceled within 7 days of sailing. Performance and workshop fees are not refundable. Any refund due will credit to the same credit card(s) used for payment.
CANCELLATIONS OF INDIVIDUALS
- Individual Cancellations received 131 days or more prior to the departure date of the cruise will incur a penalty of their mathematical portion of the deposit (example: A cabin of 4 guests who paid a $500 cabin deposit will carry a $125 cancellation penalty for each guest, while a cabin of 2 guests who paid a $500 cabin deposit will carry a $250 cancellation penalty for each guest.). In addition to the cancellation penalty, the cruise line may impose an “Occupancy Restriction” and require the cabin to be rebooked at the current prevailing rate (with the current available promotions and incentives) if the number of guests in the cabin drops below the minimum required guests for the cabin as determined by the cruise line. Any refund due will credit to the same credit card(s) used for payment.
- Individual Cancellations received 130-101 days prior to the departure date of the cruise will incur a penalty of 25% of the guest(s) cruise fare. Canceled guests may not be added back to the cabin. Pre-paid gratuities are refundable. Performance and workshop fees are not refundable. In addition to the cancellation penalty, the cruise line may impose an “Occupancy Restriction” and require the cabin to be rebooked at the current prevailing rate (with the current available promotions and incentives) if the number of guests in the cabin drops below the minimum required guests for the cabin as determined by the cruise line. Any refund due will credit to the same credit card(s) used for payment.
- Individual Cancellations received 100-85 days prior to the departure date of the cruise will incur a penalty of 50% of the guest(s) cruise fare. Remaining guests will “bump up” into the first or second guest rates if the canceled guest is currently the first or second guest. Canceled guests may not be added back to the cabin. Pre-paid gratuities are refundable. Performance and workshop fees are not refundable. In addition to the cancellation penalty, the cruise line may impose an “Occupancy Restriction” and require the cabin to be rebooked at the current prevailing rate (with the current available promotions and incentives) if the number of guests in the cabin drops below the minimum required guests for the cabin as determined by the cruise line. Any refund due will credit to the same credit card(s) used for payment.
- Individual Cancellations received 84-45 days prior to the departure date of the cruise will incur a penalty of 75% of guest(s) cruise fare. Remaining guests will “bump up” into the first or second guest rates if the canceled guest is currently the first or second guest. Canceled guests may not be added back to the cabin. Pre-paid gratuities are refundable. Performance and workshop fees are not refundable. In addition to the cancellation penalty, the cruise line may impose an “Occupancy Restriction” and require the cabin to be rebooked at the current prevailing rate (with the current available promotions and incentives) if the number of guests in the cabin drops below the minimum required guests for the cabin as determined by the cruise line. Any refund due will credit to the same credit card(s) used for payment.
- Individual Cancellations received 44-0 days or less prior to the departure date of the cruise will incur a penalty of 100% of the guest(s) cruise fare. Canceled guests may not be added back to the cabin. Pre-paid gratuities are not refundable is canceled within 7 days of sailing. Performance and workshop fees are not refundable. Any refund due will credit to the same credit card(s) used for payment.
This article was originally written in English. Translated articles may contain errors.