Booking and Travel Terms and Conditions Contract (Updated 12/13/2022)
Welcome to the 2023 Miami Dolphins Fan Cruise. This document contains an IMPORTANT NOTICE TO GUESTS for the Cruise concerning important regulations and limitations with respect to this Cruise between you and the companies booking or chartering the Cruise and programming the Cruise events. The company is First Class Cruises (FCC), the travel and event company producing the Cruise. It is IMPORTANT that you carefully read all terms of this Contract paying particular attention to Section 1 which limits our liability and your rights to sue, cancel and refund. Please retain this document for your reference. Also, as MSC Cruise Lines (MSC) herein referred to as “CRUISE LINE” is the carrier for the Cruise, you as a passenger on their ship and will be subject to certain limitations as more specifically set forth in the Ticket Contract at the time you complete your registration to become a passenger on the ship. If you would like to review the Ticket Contract terms and conditions set by MSC Cruise Lines (MSC), please read more at: https://www.msccruisesusa.com/terms-conditions Therefore, your Cruise is subject to this document (“Booking Contract”) between you and FCC and the Ticket Contract between you and “CRUISE LINE”. Both documents contain important limitations on your rights and are legally binding documents. Please read carefully all the terms of these contracts.
UNDER NO CIRCUMSTANCES DOES THIS CONTRACT PROVIDE FOR AN AGREEMENT BETWEEN YOU AND ANY SPORTS TEAM. FURTHER, YOU, AS A GUEST, ACKNOWLEDGE THAT THE CRUISE PROMOTED AND IDENTIFIED PERSONS, PLAYERS, FORMER PLAYERS, ARTISTS AND ENTERTAINERS AFFILIATED WITH THE CRUISE AND THE OTHER PROMOTED PERSONS APPEARING IN CRUISE ADVERTISEMENTS (COLLECTIVELY “PROMOTED PERSONS”) ARE SUBJECT TO CHANGE FOR ANY REASON AND/OR LIMIT THEIR PARTICIPATION OR AVAILABILITY DURING THE CRUISE. NO REFUNDS, DISCOUNTS OR SETOFFS ARE AVAILABLE FOR ANY REASON REGARDING THE AVAILABILITY OF THE “PROMOTED PERSONS”.
Section 1. Overview
This Booking and Travel Terms and Conditions Contract (the “Booking Contract”) describes the terms and conditions that will apply to the relationship between you and FCC with respect to the Cruise and Cruise Events covered by this agreement. Except as otherwise provided herein, this agreement supersedes any other written or oral representations or agreements relating to the subject matter of this Booking Contract. Each guest and passenger specifically agrees that the provisions provided by FCC and its partners are included within the terms and conditions noted and that FCC and its partners shall be entitled to the benefit of all the rights, terms, conditions, and limitations
granted by CRUISE LINE, pursuant to its ticket contract as a charterer of the vessel as though FCC. The term Guest and Passenger describes you as the customer as applicable to the Booking Contract (with FCC.) and the Ticket Contract (with “CRUISE LINE”).
Section 2. Booking Contract.
By making this reservation, or by acceptance and/or use of the registration process in booking a cruise onboard a CRUISE LINE vessel, the person named thereon as passenger, each passenger and guest on the same reservation, each acknowledges he or she has read, and understands each and every term, condition, and provision of these terms and conditions and agrees to be bound thereby. In addition, the making of this reservation by or the acceptance and/or use of the registration process issued by FCC by the persons named as Guests shall be deemed to be an acceptance and agreement by each and every person to all the additional Terms and Conditions set forth herein. You acknowledge and expressly agree that FCC and affiliated third parties are acting solely in their capacity as tour operators, brokers and independent contractors arranging this cruise and that FCC and its third party partners have 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 passengers including shore side excursions, personnel, or contractors, embarkation and disembarkation to and from the vessel, conditions of the vessel and its equipment.
Section 3. Cancellation by Name Talent/Substitution or Modification of Programs
While specific celebrities, players, current and former team members, coaches, and personnel (“VIP Attendees”) have agreed to attend the cruise and be involved in onboard programs, FCC and its third-party partners shall not be liable for failure of any VIP Attendees to attend, whether or not said person is announced in any materials relating to the cruise. Additionally, while specific Cruise- or other special events will be announced, including some that are subject to capacity limits, reservations, additional fees, and or specific accommodation levels, FCC and its third-party partners shall not be responsible for the inability to hold any such program due to any reason, beyond the refund of any reservation fees paid for such a program. Autograph sessions will be scheduled with some and not necessarily all VIP Attendees at which Guests may obtain autographs from VIP Attendees. Guest acknowledges that Guest is not guaranteed autographs from any or all VIP Attendees without the purchase of an Autograph Pass. Guests will receive a complimentary Cruise lanyard which will serve as their “ticket” into special events. Extra lanyards will not be available on board. Lost, stolen, or misplaced lanyards will not be replaced. Guest agrees, acknowledges and understands no warranty is provided to the Guest that any such program or event will be available to
any individual guest. Guest agrees to hold harmless any and all parties involved including the FCC, teams and the individual Promoted Persons from any liability due to a change in scheduled events, canceled events or other reasons of unavailability. No party shall be held liable to the Guest for any loss to the passenger or others to the extent that such performance is prevented or loss is caused by Acts of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under the color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions, health concerns 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 government authority, illness, death of a family member or other cause or circumstance beyond FCC and its third party partners reasonable control. In the event of any failure of any VIP Attendee described above to participate in the cruise, FCC may, at their sole discretion, engage a replacement VIP Attendee and/or change, postpone, or terminate any portion of the program. In such a case, FCC shall have no liability to any passenger for any loss, damage or expense whatsoever by reason of such change.
Section 4. Changes in Reservations
Any changes in bookings may be made by any person(s) financially responsible for the online reservation system. Lead guests transferring their reservation to another name will result in a $50 lead guest name change. Name changes are permitted until December 31, 2022 for 2nd, 3rd, 4th and 5th guests. Any changes will need to be made by calling Customer Service at (866)-941-6524. If the change is permitted, Customer Service will make the adjustment. Please note that name change fees $50 may apply when changes are made within 60 days of sailing.
Section 5. Payment Schedule, Amounts and Method
At the time of booking, a minimum non-refundable deposit per person will be charged and the balance is to be paid ACH direct transfer from the customers bank account. A Miami Dolphins Fan Cruise concierge will contact the guest to set up payment arrangements for the balance.
Please note that by placing your deposit for the cruise you are agreeing to pay the balance within 3-days unless alternative payment arrangements have been authorized by the Miami Dolphins Fan Cruise.
5.3—Changes in Guests Payment Method. Guests are responsible for informing FCC, the exclusive booking agent for the cruise, to any changes in their payment information In the event the Guest’s selected payment method cannot be processed for any reason a $35 fee will be charged. FCC will attempt to contact the Guest to obtain updated
information at which time the Guest will have ten (10) business days to reply with valid payment. Should that period pass without FCC receiving a valid payment method, FCC may elect to resell the stateroom(s) identified with that reservation number to waitlisted customers or the general public. Your reservation would revert to the cancellation policy at the time of cancellation.
Section 6. Booking Cancelation and Modification Policy
Each passenger acknowledges that the FCC Cancellation Policy supersedes the policies of the “CRUISE LINE” Ticket Contract. Cancellation fees for cruise reservations as well as any refund due to the Guest for a cancellation will be assessed according to the date of cancellation, as noted in the Cancellation Fee Schedule below and will apply to all Guests on the reservation. Cancellations must be made by sending a request via email to firstname.lastname@example.org.
Please be advised that no refunds will be made in the event of interruption or cancellation by any passenger after commencement of the cruise. Also, no refunds will be given for cruise no-shows. Cancellations can be completed by sending a request via email to email@example.com
As of November 12, 2022 tickets on The Miami Dolphins Fan Cruise are NON- REFUNDABLE Please refer to travel insurance.
Passenger further expressly acknowledges that FCC highly recommends travel/cancellation insurance for each and every passenger. Guest acknowledges and agrees that he/she bears the sole responsibility to purchase travel/cancellation insurance.
Section 7. Stateroom Number Assignments
Approximately between three to four (3-4) 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 prior to cruising. Adults will be responsible for registering the minors in their party. Every passenger 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 FCC and its third-party partners cannot guarantee the availability of any specific stateroom, deck or location to a booking.
Section 8. Who May Sail
Guests represent and acknowledge that he/she and individuals traveling with guests are fit for travel and that such travel will not endanger themselves or others. Additionally, Guests understand that “CRUISE LINE” and FCC shall have the right to deny boarding for any violations of any of the policies set forth in this Section 8 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:
- · Infants who are at least 6 months old on the day of departure may sail.
- · Women, who will be less than 24 weeks into their pregnancy on the day of departure and for the duration of the cruise, may sail. This policy is due to the risk of premature labor. Pregnant women must have a letter from their doctor (on the physician’s letterhead) stating how far along (in weeks) their pregnancy will be at the beginning of the cruise, that mother and baby are in good health and fit to travel, and that the pregnancy is not high-risk. This letter is required no less than 6 weeks prior to sailing. All guests are required to sign a health questionnaire at check-in to ensure they are aware of our pregnancy policy.
· Any Guest under the age of 18 shall be considered a minor and must travel with a parent or legal guardian.
· Adults aged twenty-one or older may sail. The Cruise Line shall refuse boarding to any guest under the age of twenty-one unless the guest is:
- · traveling in the same stateroom with an individual twenty-five years or older; or
- · traveling in the same stateroom with their spouse (proof of age and/or proof of marriage are required).
· traveling with a parent or guardian in an accompanying stateroom.
Section 9. Documentation
Proper travel documentation, a valid passport or passport card is required at 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 up to 6 months from 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 and Mexican Government websites for current visa requirements.
Section 10. Cruise Fare
Cruise rates on the booking website are calculated based on double occupancy; inclusions, exclusions and additional taxes and fees are detailed in the Booking Form. The cost for third and fourth passengers sharing a stateroom with two full fare passengers will be as noted on the registration site under cabin information. Rates are the same regardless of age of passengers.
Gratuities and Taxes.
Taxes, Gratuities & Fees: Port taxes, gratuities, government fees, booking and processing fees total $299.00 per person.
The Cruise line reserves the right to impose a fuel supplement if the Cruise line does so fleetwide for all Guests. In such an event, the Guests may be subject to following additional costs if imposed by the Cruise line. Fuel Surcharge is not to exceed $10 per guest, per day for Guest 1 and 2 in the stateroom. For 3rd and 4th Guests, shall not exceed $5 per guest per day.
Section 12. Services not included
Transportation to and from the cruise, flights, hotel accommodations, ground transfers,
, shore excursions, travel insurance, any items of a personal nature such as laundry, gift shop, telephone calls, specialty restaurant dining.
Section 13. Included beverages and Wi-Fi. All guests will receive a complimentary Easy Plus Beverage Package offered by MSC. The Easy Plus Beverage Package includes a variety of unlimited alcoholic beverages, sodas, bottled water, smoothies, and juices. The Easy Plus Beverage Package has certain restrictions and does not include all alcoholic beverages. Please refer to https://www.msccruisesusa.com/on-board/dining- drinks/drinks-packages for a complete description.
Section 14. Advanced or Delayed Sailings
In the event of strike, lockouts, riots or stoppage of labor from whatever causes, viruses or for any other reason whatsoever beyond the control of FCC or “CRUISE LINE”, “CRUISE LINE” in its sole discretion may cancel, advance, or postpone any scheduled sailing or call at any port and may (but is not obligated to) substitute another vessel, substitute another vacation of equal or greater value which may include a non-cruise land vacation, and neither CRUISE LINE nor FCC shall be liable for any loss whatsoever to passengers by reason of such cancellation, advancement, postponement, or substitution.
Section 15. Photography/Video
You acknowledge CRUISE LINE, FCC and its promotional partners have the exclusive right to capture photographic, video and other visual portrayals of passengers in any medium of any nature whatsoever and the foregoing entities may use and re-use, publish and/or broadcast the foregoing photographs, images, videos, quotes, summaries, biographies and/or excerpts, in whole or in part, individually or in conjunction with other photographs, images, videos, text, quotes, summaries, biographies and/or excerpts, in videotapes, broadcasts, on websites, and/or in newspapers, magazines, brochures, advertisements, press releases, training materials and other articles and in such medium and format, at such locations and for such purposes, as may be approved by the entities, in connection with the entities’ ongoing business, trade, promotional and/or advertising activities.
Guest acknowledges that all rights in the foregoing photographs, images, videos, quotes, summaries, and/or excerpts will belong to the entities, that Guest will not have any rights in any of them, and that the entities will not have any obligation to pay any money to Guest or provide Guest with any products, services or compensation in connection with any of them or in connection with the entering into this Agreement. Guest agrees that the entities may use your likeness, voice and/or image in connection with any of the foregoing photographs, images, videos, quotes, summaries, biographies and/or excerpts, if the entities so choose.
GUEST HEREBY RELEASES AND DISCHARGES THE ENTITIES AND EACH ENTITIES EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS AND DEMANDS THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF ANY OF THE FOREGOING PHOTOGRAPHS, IMAGES, VIDEOS, QUOTES, SUMMARIES, BIOGRAPHIES AND/OR EXCERPTS.
Conversely, while guests are free to capture video, photo and audio recordings during the cruise for their personal use, such images or recordings may not be used for any commercial purpose whatsoever without the express written permission of FCC.
Section 16. Release of Liability
In consideration of the risk of injury while participating in the Cruise and special
activities (“Activities”), and as consideration for the right to participate in the Activities, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily release of liability and waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activities, and do hereby release and forever discharge Leadership League, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, vendors, partners, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, disease, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activities, including traveling to and from an event related to this Activities.
I am voluntarily participating in the Activities entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activities, which may include, but are not limited to, physical or psychological injury, pain, suffering, disease, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activities location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in these Activities, including travel to, from and during these Activities.
I agree to indemnify and hold harmless FCC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If FCC incurs any of these types of expenses, I agree to reimburse FCC.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
I agree to indemnify and hold harmless Leadership League and any vendors, partners, talent, employees, agents, staff, volunteers and representatives for any loss or injury involving alcohol consumption.
I acknowledge that FCC, and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activities on behalf of FCC.
I acknowledge that some Activities may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, the health of others including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I acknowledge that I have carefully read and fully understand this release of liability. I expressly agree to release and discharge FCC and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against FCC for personal injury or property damage.
If you have any questions or need assistance, please contact Stephanie Klein at