References to “Agent” means Cruisecorp Inc. d/b/a Student Performance Travel or Stars at Sea Cruises
By submitting a guest registration form, you agree to the following terms and conditions:
DESCRIPTION: This is a contract for the purchase and sale of booking services in the procurement of travel package by the Agent for the Client wherein the travel package will be fulfilled by third party suppliers such as, but not limited to, hotels, transportation companies, airlines, cruise lines, resorts (collectively the “Travel Supplier(s)”). For the purposes of this Agreement, the procurement of such Travel Package shall constitute a transaction for the purchase and sale of services.
LIMITED OFFER: This offer is expressly limited to the terms and conditions stated herein. All amendments and modifications to this Contract shall only be binding on the Agent if in writing, specifically and conspicuously identified as an amendment or modification to this Agreement, and signed by an authorized representative of the Agent.
PACKAGE PRICING: Prices quoted by the Agent are subject to change without notice until the Client delivers and the Agent receives and transmits to the relevant Travel Suppliers, the entirety of all required deposits due hereunder and such funds have cleared bank processing, and the booking confirmation is received, processed, accepted, and formally acknowledged in writing by the Agent and Travel Suppliers. The price is subject to change until the entire price of the travel package is paid to Agent and the booking and payment are processed, accepted, and formally acknowledged in writing by the Agent and hotel, other third party and/or Travel Suppliers. All prices quoted are per person and are stated in United States Dollars. Prices are subject to increase without prior notice until the full deposit is received and clears bank and Hotel processing and a confirmation is received from any third party suppliers. The rates and prices, if applicable, will not change after payment and booking and acceptance by the third party providers although the Guests and Client shall remain jointly and severally liable for any applicable taxes, port fees, service fees, or fees and surcharges of any kind, that may be assessed by any port operator, governmental or quasi-governmental agencies. In addition, the Travel Suppliers and the Agent reserve the right to assess to Client and guest any other charges assessed against the Travel Suppliers or the Agent, including but not limited to airfare supplement rate for fuel surcharges.
TRAVEL DOCUMENTS: Guests are required to carry appropriate proof of citizenship for all travel abroad. If questions arise, guests should check with government agencies, embassies or consulates to determine documentary requirements to ensure each Guest has the appropriate travel documents, visas and approvals that may be required. All guests are responsible for knowing what travel documents are required and bringing all such travel documents such as passports, visas, proof of citizenship, visas, etc., required for travel and re-entry into travel ports. No refund will be given to individuals who fail to bring the required documentation.
TICKETING: Group leader or organizer will forward Reservation ID, if provided by the supplier, to the guest. As this is a Group booking, Agent has no control over or liability for ticket printing and therefore does not guarantee, imply or warrant an expected delivery date.
DISCLAIMER: CLAIMS AND REPRESENTATIONS MADE REGARDING THE TRAVEL PACKAGE ARE THOSE OF THE HOTEL, CRUISE LINE, RESORT OR TRAVEL SUPPLIER UNLESS OTHERWISE EXPRESSLY STATED HEREIN AND IN NO EVENT SHALL AGENT BE LIABLE FOR ANY WARRANTY OR GUARANTEE OF SERVICE. ANY ALL SERVICES PROVIDED BY AGENT ARE OFFERED “AS IS” WITH NO WARRANTY. AGENT HEREBY DISCLAIMS ANY AND ALL WARRANTIES MADE PRIOR TO, CONCURRENTLY WITH, OR SUBSEQUENT TO THE EFFECTIVE DATE OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PARTICULAR PURPOSE.
LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE SHALL AGENT BE LIABLE FOR DELAYED OR LOST BAGGAGE, LOSSES OR DAMAGES RELATED TO PARTICIPATION IN HOTEL EVENTS, DELAY IN TRANSPORTATION COSTS, OR FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO CLIENT OR ANY THIRD PARTY FOR ANY MATTER ARISING OUT OF OR OTHERWISE RELATED TO THIS AGREEMENT. THE PARTIES HEREBY EXPRESSLY AGREE THAT THE LIABILITY OF THE AGENT SHALL BE LIMITED TO FIFTY PERCENT (50%) OF AGENT COMMISSIONS EARNED PURSUANT TO THE TRANSACTION OR TRANSACTIONS UNDERLYING THIS CONTRACT PER CLAIMANT ON A PRO RATED BASIS, NOT TO EXCEED FIFTY PERCENT (50%) IN THE AGGREGATE FOR ALL CLAIMS ARISING FROM, ASSOCIATED WITH OR RELATED TO THIS CONTRACT. CLIENT AND PARTICIPANT EXPRESSLY UNDERSTAND THAT CERTAIN EXCURSION AND ACTIVITIES CARRY CERTAIN RISKS AND AGENT SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATED TO CLIENT OR PARTICIPANTS PARTICIPATION IN SUCH ACTIVITES REGARDLESS OF WHETHER AGENT BOOKED SUCH ACTIVITES ON BEHALF OF CLIENT OR PARTICIPANT. GUESTS ARE FULLY RESPONSIBLE FOR FAMILIARIZING THEMSELVES WITH ALL TERMS, CONDITIONS, CODES OF CONDUCT, RULES AND REGULATIONS IMPOSED BY TRAVEL SUPPLIERS AND AGENT SHALL HAVE NO LIABILITY FOR ANY COSTS OR EXPENSES OF ANY KIND BY GUESTS DUE TO TRAVEL SUPPLIERS ENFORCING THEIR TERMS AND CONDITIONS, CODES OF CONDUCT AND RULES INCLUDING EJECTING, REMOVING OR REFUSING SERVICES TO GUESTS.
INDEMNIFICATION OF AGENT: Client and Guests hereby agree to indemnify, defend, and hold harmless, the Agent for any and all acts or failure to act by the Client or any affiliated party, including but not limited to any Guest, that causes injury or damage to any party for any reason whatsoever arising out of or related to this Contract or the transactions underlying it.
FORCE MAJEURE: The parties hereby specifically agree that the Agent shall not be liable for any expenses, costs, injury, damage, death, loss, accidents, or delay to person or property due to any factor unless resulting from the willful or reckless act or negligence of the Agent. Under no circumstances shall the Agent be liable for any act of any party except the Agent, including without limitation, any act of god or force majeure, (force majeure shall include, without limitation, port closures, acts of governments, lack of available transportation and acts of terrorism), any act, omission or failure to act by the hotel, resort, cruise line, any other travel or lodging supplier, the Client, the affiliates of the Client, any and all Guests related to this Contract, any transportation company or airline, or any third party providing any service in connection with the Travel Package, including any scheduled educational workshops and student performance. Agent’s duties and responsibilities end when it has arranged for the reservation bookings with the hotel and any other Travel Supplier. All other activities relating to the cruise are solely between the Client, the Guests and the cruise lines and any other Travel Supplier. Occasionally Travel Suppliers may change routes, itineraries and return dates if necessitated due to safety or other issues that may arise in the course of travel. Although Agent will use commercially reasonable efforts to book student performances at the contracted resort, hotel, cruise line or venue, Agent is not responsible for any changes to such performance schedules or of any of the conditions of the theatres and other venues for the performances provided by the venue or third party supplier. Client understands that Travel Suppliers are in sole control over all aspects of the performances, including venue, scheduling, sound and light equipment and educational workshops, and may change or cancel them at any time. The agent has no responsibility if the third party does so. In no event will Agent be liable or responsible for any action, omission or inaction caused by the cruise line, resort or other third party nor for their respective employees, or for anything that happens during the course of travel. Agent is not responsible for any losses, damages or other harm that the Client or any of the Guests suffer arising out of or in connection with any travel or performance or activities nor for the the cancellation of any transportation by the transportation provider, cancellation of the hotel or changes to the travel package by the travel supplier for any reason, or the effects of any weather-related conditions, including heavy seas, storms, hurricanes, rain, unreasonable or inclimate weather and other weather-related conditions. If the Client or any Guest suffers any sickness, injury or illness while traveling, he or she is solely responsible for obtaining all medical care relating to it and Agent is not responsible. Since the Agent’s responsibilities end with booking the travel services, any lack of satisfaction or disappointment with the travel supplier’s product is solely between the Client, Guest and the travel supplier, including the cruise line. Guests should make themselves aware of the inherent dangers associated with travel and participating in any activities while traveling.
Arbitration: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. Unless stated to the contrary elsewhere in this Agreement, each party shall pay its own fees and costs associated with the arbitration and mediation proceedings regardless of whom prevails. The parties shall submit the claim or controversy to three arbitrators selected from the roster of arbitrators of the American Arbitration Association, one selected by each side to the dispute and the third, whom shall serve as Chief Arbitrator, selected by those two. All parties to the dispute shall pay their own attorney’s fees regardless of which party prevails. Any party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under this agreement, seek from any court having competent jurisdiction any interim or provisional relief that is necessary to protect the interests of that party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy. Any final determination by an arbitral tribunal may include permanent injunctive relief with punitive damages for breach of the injunction if it finds that the breach of the injunction was made with intent and malice.
CHOICE OF LAW AND VENUE: This Contract constitutes a sale of services to be delivered in Orange County, Florida. Any claim arising out of or otherwise related hereto shall have exclusive venue in Orange County, Florida. Client, in its own capacity and in a representative capacity on behalf of the guests related to this Agreement, hereby consents to the jurisdiction of any court or tribunal in Orange County, Florida and waives any defense based on personal jurisdiction or inconvenient forum.
ENTIRE AGREEMENT: This Contract constitutes the entire agreement of the Agent and Client. No party shall introduce parole evidence to apply to its interpretation. There are no intended third party beneficiaries of this Contract.
ASSIGNMENT AND DELEGATION: The Client shall have no right to assign or delegate all or part of its rights and duties under this Contract without the prior express written consent of the Agent. The Agent may assign or delegate all or part of its rights and duties under this Contract at any time and without notice.
SEVERABILITY: In the event that a court of competent jurisdiction or other tribunal shall deem one or more portions of this contract invalid, unenforceable, waived, or not enforced, the unaffected portions of this Contract shall remain in full force and effect as severable and independent clauses provided that the remainder reflects the original intent of the parties.
WAIVER: Failure by a party to claim a breach of any provision of this Contract or to waive any portion of it shall not constitute a waiver of any breach or subsequent breach and shall not, in any way, affect the validity, continuation, or effectiveness of its contents.
RULES OF INTERPRETATION: The caption, titles, and headings contained in this Contract are for the convenience and reference of the parties only. They are not to be interpreted as part of this Agreement. The parties hereby acknowledge that this contract is the result of a joint effort and, in any event, no party shall be deemed to be held to any rule of interpretation based on the role of a party in drafting any part of it.
CANCELLATIONS AND FEES: Click here for current fees
By submitting a guest registration form, you agree to the following terms and conditions:
DESCRIPTION: This is a contract for the purchase and sale of booking services in the procurement of travel package by the Agent for the Client wherein the travel package will be fulfilled by third party suppliers such as, but not limited to, hotels, transportation companies, airlines, cruise lines, resorts (collectively the “Travel Supplier(s)”). For the purposes of this Agreement, the procurement of such Travel Package shall constitute a transaction for the purchase and sale of services.
LIMITED OFFER: This offer is expressly limited to the terms and conditions stated herein. All amendments and modifications to this Contract shall only be binding on the Agent if in writing, specifically and conspicuously identified as an amendment or modification to this Agreement, and signed by an authorized representative of the Agent.
PACKAGE PRICING: Prices quoted by the Agent are subject to change without notice until the Client delivers and the Agent receives and transmits to the relevant Travel Suppliers, the entirety of all required deposits due hereunder and such funds have cleared bank processing, and the booking confirmation is received, processed, accepted, and formally acknowledged in writing by the Agent and Travel Suppliers. The price is subject to change until the entire price of the travel package is paid to Agent and the booking and payment are processed, accepted, and formally acknowledged in writing by the Agent and hotel, other third party and/or Travel Suppliers. All prices quoted are per person and are stated in United States Dollars. Prices are subject to increase without prior notice until the full deposit is received and clears bank and Hotel processing and a confirmation is received from any third party suppliers. The rates and prices, if applicable, will not change after payment and booking and acceptance by the third party providers although the Guests and Client shall remain jointly and severally liable for any applicable taxes, port fees, service fees, or fees and surcharges of any kind, that may be assessed by any port operator, governmental or quasi-governmental agencies. In addition, the Travel Suppliers and the Agent reserve the right to assess to Client and guest any other charges assessed against the Travel Suppliers or the Agent, including but not limited to airfare supplement rate for fuel surcharges.
TRAVEL DOCUMENTS: Guests are required to carry appropriate proof of citizenship for all travel abroad. If questions arise, guests should check with government agencies, embassies or consulates to determine documentary requirements to ensure each Guest has the appropriate travel documents, visas and approvals that may be required. All guests are responsible for knowing what travel documents are required and bringing all such travel documents such as passports, visas, proof of citizenship, visas, etc., required for travel and re-entry into travel ports. No refund will be given to individuals who fail to bring the required documentation.
TICKETING: Group leader or organizer will forward Reservation ID, if provided by the supplier, to the guest. As this is a Group booking, Agent has no control over or liability for ticket printing and therefore does not guarantee, imply or warrant an expected delivery date.
DISCLAIMER: CLAIMS AND REPRESENTATIONS MADE REGARDING THE TRAVEL PACKAGE ARE THOSE OF THE HOTEL, CRUISE LINE, RESORT OR TRAVEL SUPPLIER UNLESS OTHERWISE EXPRESSLY STATED HEREIN AND IN NO EVENT SHALL AGENT BE LIABLE FOR ANY WARRANTY OR GUARANTEE OF SERVICE. ANY ALL SERVICES PROVIDED BY AGENT ARE OFFERED “AS IS” WITH NO WARRANTY. AGENT HEREBY DISCLAIMS ANY AND ALL WARRANTIES MADE PRIOR TO, CONCURRENTLY WITH, OR SUBSEQUENT TO THE EFFECTIVE DATE OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PARTICULAR PURPOSE.
LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE SHALL AGENT BE LIABLE FOR DELAYED OR LOST BAGGAGE, LOSSES OR DAMAGES RELATED TO PARTICIPATION IN HOTEL EVENTS, DELAY IN TRANSPORTATION COSTS, OR FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO CLIENT OR ANY THIRD PARTY FOR ANY MATTER ARISING OUT OF OR OTHERWISE RELATED TO THIS AGREEMENT. THE PARTIES HEREBY EXPRESSLY AGREE THAT THE LIABILITY OF THE AGENT SHALL BE LIMITED TO FIFTY PERCENT (50%) OF AGENT COMMISSIONS EARNED PURSUANT TO THE TRANSACTION OR TRANSACTIONS UNDERLYING THIS CONTRACT PER CLAIMANT ON A PRO RATED BASIS, NOT TO EXCEED FIFTY PERCENT (50%) IN THE AGGREGATE FOR ALL CLAIMS ARISING FROM, ASSOCIATED WITH OR RELATED TO THIS CONTRACT. CLIENT AND PARTICIPANT EXPRESSLY UNDERSTAND THAT CERTAIN EXCURSION AND ACTIVITIES CARRY CERTAIN RISKS AND AGENT SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATED TO CLIENT OR PARTICIPANTS PARTICIPATION IN SUCH ACTIVITES REGARDLESS OF WHETHER AGENT BOOKED SUCH ACTIVITES ON BEHALF OF CLIENT OR PARTICIPANT. GUESTS ARE FULLY RESPONSIBLE FOR FAMILIARIZING THEMSELVES WITH ALL TERMS, CONDITIONS, CODES OF CONDUCT, RULES AND REGULATIONS IMPOSED BY TRAVEL SUPPLIERS AND AGENT SHALL HAVE NO LIABILITY FOR ANY COSTS OR EXPENSES OF ANY KIND BY GUESTS DUE TO TRAVEL SUPPLIERS ENFORCING THEIR TERMS AND CONDITIONS, CODES OF CONDUCT AND RULES INCLUDING EJECTING, REMOVING OR REFUSING SERVICES TO GUESTS.
INDEMNIFICATION OF AGENT: Client and Guests hereby agree to indemnify, defend, and hold harmless, the Agent for any and all acts or failure to act by the Client or any affiliated party, including but not limited to any Guest, that causes injury or damage to any party for any reason whatsoever arising out of or related to this Contract or the transactions underlying it.
FORCE MAJEURE: The parties hereby specifically agree that the Agent shall not be liable for any expenses, costs, injury, damage, death, loss, accidents, or delay to person or property due to any factor unless resulting from the willful or reckless act or negligence of the Agent. Under no circumstances shall the Agent be liable for any act of any party except the Agent, including without limitation, any act of god or force majeure, (force majeure shall include, without limitation, port closures, acts of governments, lack of available transportation and acts of terrorism), any act, omission or failure to act by the hotel, resort, cruise line, any other travel or lodging supplier, the Client, the affiliates of the Client, any and all Guests related to this Contract, any transportation company or airline, or any third party providing any service in connection with the Travel Package, including any scheduled educational workshops and student performance. Agent’s duties and responsibilities end when it has arranged for the reservation bookings with the hotel and any other Travel Supplier. All other activities relating to the cruise are solely between the Client, the Guests and the cruise lines and any other Travel Supplier. Occasionally Travel Suppliers may change routes, itineraries and return dates if necessitated due to safety or other issues that may arise in the course of travel. Although Agent will use commercially reasonable efforts to book student performances at the contracted resort, hotel, cruise line or venue, Agent is not responsible for any changes to such performance schedules or of any of the conditions of the theatres and other venues for the performances provided by the venue or third party supplier. Client understands that Travel Suppliers are in sole control over all aspects of the performances, including venue, scheduling, sound and light equipment and educational workshops, and may change or cancel them at any time. The agent has no responsibility if the third party does so. In no event will Agent be liable or responsible for any action, omission or inaction caused by the cruise line, resort or other third party nor for their respective employees, or for anything that happens during the course of travel. Agent is not responsible for any losses, damages or other harm that the Client or any of the Guests suffer arising out of or in connection with any travel or performance or activities nor for the the cancellation of any transportation by the transportation provider, cancellation of the hotel or changes to the travel package by the travel supplier for any reason, or the effects of any weather-related conditions, including heavy seas, storms, hurricanes, rain, unreasonable or inclimate weather and other weather-related conditions. If the Client or any Guest suffers any sickness, injury or illness while traveling, he or she is solely responsible for obtaining all medical care relating to it and Agent is not responsible. Since the Agent’s responsibilities end with booking the travel services, any lack of satisfaction or disappointment with the travel supplier’s product is solely between the Client, Guest and the travel supplier, including the cruise line. Guests should make themselves aware of the inherent dangers associated with travel and participating in any activities while traveling.
Arbitration: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. Unless stated to the contrary elsewhere in this Agreement, each party shall pay its own fees and costs associated with the arbitration and mediation proceedings regardless of whom prevails. The parties shall submit the claim or controversy to three arbitrators selected from the roster of arbitrators of the American Arbitration Association, one selected by each side to the dispute and the third, whom shall serve as Chief Arbitrator, selected by those two. All parties to the dispute shall pay their own attorney’s fees regardless of which party prevails. Any party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under this agreement, seek from any court having competent jurisdiction any interim or provisional relief that is necessary to protect the interests of that party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy. Any final determination by an arbitral tribunal may include permanent injunctive relief with punitive damages for breach of the injunction if it finds that the breach of the injunction was made with intent and malice.
CHOICE OF LAW AND VENUE: This Contract constitutes a sale of services to be delivered in Orange County, Florida. Any claim arising out of or otherwise related hereto shall have exclusive venue in Orange County, Florida. Client, in its own capacity and in a representative capacity on behalf of the guests related to this Agreement, hereby consents to the jurisdiction of any court or tribunal in Orange County, Florida and waives any defense based on personal jurisdiction or inconvenient forum.
ENTIRE AGREEMENT: This Contract constitutes the entire agreement of the Agent and Client. No party shall introduce parole evidence to apply to its interpretation. There are no intended third party beneficiaries of this Contract.
ASSIGNMENT AND DELEGATION: The Client shall have no right to assign or delegate all or part of its rights and duties under this Contract without the prior express written consent of the Agent. The Agent may assign or delegate all or part of its rights and duties under this Contract at any time and without notice.
SEVERABILITY: In the event that a court of competent jurisdiction or other tribunal shall deem one or more portions of this contract invalid, unenforceable, waived, or not enforced, the unaffected portions of this Contract shall remain in full force and effect as severable and independent clauses provided that the remainder reflects the original intent of the parties.
WAIVER: Failure by a party to claim a breach of any provision of this Contract or to waive any portion of it shall not constitute a waiver of any breach or subsequent breach and shall not, in any way, affect the validity, continuation, or effectiveness of its contents.
RULES OF INTERPRETATION: The caption, titles, and headings contained in this Contract are for the convenience and reference of the parties only. They are not to be interpreted as part of this Agreement. The parties hereby acknowledge that this contract is the result of a joint effort and, in any event, no party shall be deemed to be held to any rule of interpretation based on the role of a party in drafting any part of it.
CANCELLATIONS AND FEES: Click here for current fees
