If you are Interested, without obligation, in going on a 'La Divina' Evening on the Onassis yacht the 'M/Y Christina O' departing from Cannes

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CODE REFERENCE

10 05 11

LA DIVINA

ONLINE BOOKING TERMS & CONDITIONS


These terms and conditions are the contract between Sandyway Investments Limited and The Christina Limited Partnership both of whose place of business is 44/45 St Stephens Green, Dublin 2, Ireland, the owner of the yacht M/Y Christina O (hereafter referred to as “The Owner”) being the entity providing La Divina and the Passenger who in the case of booking via the internet is the party who has provided his details and confirmation of booking on the Mariacallasladivina.com website (and in addition may have) and in the case of other bookings (through a Travel Agent or otherwise) has provided his details on a La Divina booking form (hereafter called “The Passenger”).

  1. DEFINITIONS AND SCOPE OF CONTRACT.
  1. Whenever the term Owner is used in this contract it shall mean and include the Yacht, its owners, operators, employees, agents, charterers and tenders. The term “Passenger” shall include the plural where appropriate, and all persons or entities booking La Divina under this Contract, including all persons on whose behalf the booking has been made and any accompanying minors. The masculine includes the feminine.
  1. “Cruise” means the cruise on which La Divina is to be provided.
  2. “Cruise Fare” or “Fare” means the amount paid for the Cruise and the other features included in La Divina. The Cruise fare shall be deemed to be earned when paid and not refundable except as stated in these Terms and Conditions.
  3. “La Divina” means the product being provided by the Owner on the Yacht.
  4. “Yacht” means the M/Y Christina O.
  5. The person making the booking warrants authority to contract on behalf of all those in respect of whom the booking is made.
  6. All or any bookings are valid only for the person(s) named therein as Passenger(s) and cannot be transferred or modified (or retransferred or further transferred or remodified or further modified) without the Owner’s written consent. The acceptance or use of any booking by the person(s) making or in whose name such booking has been made shall be deemed acceptance and agreement by each of them to all of the Terms and Conditions contained herein.
  7. All rights, exemptions of liability, defences and immunities of the Owner under this contract shall also be inure to the benefit of the Yacht and/or the Owner’s facilities, whether at sea or ashore, servants, agents, managers, affiliated or related companies, suppliers, shipbuilders and manufacturers of component parts and independent contractors.
  8. This Contract constitutes the entire agreement between the Owner and the Passenger and supersedes all other agreements, representations or statements, oral or written, made prior to the entering into of this Contract by or on behalf of the Owner and/or its agents and same are hereby withdrawn. Any alteration to any term of this Contract must be in writing and authorised by the Owner. Should any provision of this Contract be held invalid at law, such provision(s) shall be deemed to be severed from the Contract and of no effect and all remaining provisions herein shall remain in full force and effect and constitute the Contract between the Owner and the Passenger.

  1. NATURE OF EXPERIENCE, PASSENGERS OBLIGATION, OWNERS RIGHT TO CHANGE PROGRAM,

    PAYMENT TERMS AND TIPS

  1. The Passenger admits a full understanding of the character of the Yacht and La Divina and assumes all risks incident to travel and transportation and handling of Passengers. While at sea or in port the availability of medical care may be limited or delayed. The Passenger acknowledges that all or any part of the Cruise may be in areas where medical care and evacuation may not be available. The Passenger agrees to indemnify and reimburse the Owner in the event that the Owner elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith.
  2. The Passenger acknowledges that the Cruise may take place in bad weather conditions and that the Owner reserves the right to alter the Yachts course, ports of call, itinerary and activities to avoid as much as possible such weather conditions and improve the comfort and safety of the Passenger and crew.
  3. The Passenger agrees to have a full valid passport (valid for at least 6 months after the intended date of return to his country of origin) and all other proper travel documentation in his possession at embarkation and throughout the Cruise. It is the Passengers sole responsibility to bring and have available at all times all such required travel documents. Passengers are advised to check with their Travel Agent or the appropriate government authority to determine the necessary documents. Any Passenger travelling without proper documentation will not be allowed to board the Yacht and no refund of the Cruise Fare will be issued.
  4. The Passenger agrees at all times to be at or near the Yacht and indentify himself to the relevant member of the crew at least 30 minutes before the scheduled time of embarkation. The Passenger further agrees that all time schedules are in the local time at the nearest shoreside location to the vessel and acknowledges that the yachts clocks and shore side clocks may have different times. The onus of this duty rests with the Passenger entirely and is not the responsibility in any way of the Owner and any omission or failure in this responsibility by the Passenger shall constitute a “no show” on the part of the Passenger. This duty persists on the Passenger whether or not he has availed of any ground transportation services provided by the Owner and is not discharged merely through the use of such ground transportation services.
  5. The Passenger agrees that the Owner has the right at the Owners absolute discretion and without having to inform the Passenger to change the artists and performers from those published or notified to the Passenger and to change the menu and wines from those published and notified to the Passenger.

    (f) The Passenger agrees that the Owner has the right at the Owners absolute discretion and without having to inform the Passenger to change the itinerary of the Cruise from the itinerary published and notified to the Passenger and/or booked by the Passenger.

    (g) The Passenger agrees that the Owner has the right (for reasons of cabotage or otherwise) to change the point or port of embarkation and/or disembarkation from that published or notified to the Passenger and/or booked by the Passenger to another point or port. When exercising this discretion that Owner shall chose another point or port which in the absolute discretion of the Owner is as near as is practicable to the point or port previously published, notified and/or booked to or by the Passenger.

    (h) The Cruise Fare does not contain any gratuity element and tipping shall be a matter for the Passenger at the Passengers discretion,

    (i) At the time of booking the Passenger shall pay in full the amount of the cost of Fare. No amendments can be made after the purchase.

    3. YOUR TRAVEL AGENT/HOTEL CONCIEREGE

    Any travel agent, hotel, concierge or sales agent (“agent”) utilized by the Passenger in connection with the booking of La Divina is solely the agent of the Passenger and not the Owner. The Owner is not responsible for the financial condition or integrity of any agent utilized by the Passenger. In the event that an agent shall fail to remit to the Owner any monies paid to the agent by the Passenger, the Passenger shall be and remain liable for the fare due to the Owner, regardless whether liability is asserted before or after embarkation. Embarkation and participation in La Divina by the Passenger is conditional upon full payment being received by the Owner prior to sailing. Any refund made by the Owner to an agent on behalf of a Passenger shall be deemed payment to the Passenger, regardless of whether the monies are delivered by the agent to the Passenger. Receipt of documentation or notification pertaining to the Cruise by the Passengers agent shall constitute receipt by the Passenger.

    4. BAGGAGE, PERSONAL PROPERTY, PROHIBITED ITEMS, LIMITATION OF LIABILITY

  1. The Owner shall not be responsible for any loss or damage to property, baggage, purses, electronic goods, telephones, computers, jewellery, money, cameras, documents, valuables of any description.. The Passenger warrants that no such articles are contained in any receptacle or container presented by him as baggage hereunder. No liability for negligence, gross or ordinary, shall attach to the Owner for any loss or damage thereto.
  2. It is stipulated and agreed that the aggregate value of the Passengers property, does not exceed £50 per Passenger or bag and any liability of the Owner for any cause whatsoever with respect to said property shall not exceed such sum, unless the Passenger shall in writing, delivered to the Owner, declare the true value thereof and pay to the Owner a sum equal to 5% of the excess of such value. If the Owner shall be held liable for the loss or damage to the Passengers property it is agreed that such liability shall not exceed the lesser of: (1) the actual cash value, or (2) value declared in the manner above provided (up to £50 if no such declaration has been made). Declared value amounts to be proportionately reduced in any case where less than all of the Passengers property is lost, delayed or rendered unusable due to damage. In no event shall the Owner be liable to pay compensation if the nature or value of the property has been misrepresented.
  3. No Passenger is permitted, to bring on board the Yacht live animals (other than qualified service animals, with not less than 14 days notice given to the Owner). The Passenger will be solely responsible for any and all damage and/or loss caused by service animals.
  4. Weapons, firearms, ammunitions, explosives, incendiary devices, or other dangerous goods are strictly prohibited aboard the Yacht. The Passenger warrants that no such articles are contained in any receptacle or container carried or presented by him. The Owner may deny boarding to any Passenger with any weapons, firearms, ammunitions, explosives, incendiary devices, or other dangerous goods. The Owner will confiscate and turn over to the appropriate governmental authorities any of the above articles found on the Passenger. The Passenger will be solely responsible for any and all damage and/or loss caused by his violation of this policy.

    5. FITNESS TO TRAVEL, SPECIAL NEEDS, PREGNANCY, INFANTS, DRINKING, DISEMBARKATION

  1. The Passenger warrants that he and those travelling with him are and shall be physically fit to travel at the time of embarkation and agrees that it is his obligation to have notified the Owner in writing at the time of booking of any physical disability or medical condition which may require special assistance during the Cruise. Failure to do so will release the Owner from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. Upon booking the Cruise, Passengers who have special needs are required to so inform in writing the Owner and to discuss with the Owner the details of their special needs. The Owner reserves the right to require that any Passenger, who is not self sufficient, travel with a companion who shall take responsibility for any assistance needed during the Cruise in case of emergency.
  2. The Owner reserves the right to refuse embarkation, disembark or confine to a cabin any Passenger whose physical or mental condition, or behaviour, would be considered in the opinion of the Captain to constitute a risk to the Passengers own well being or that of any other Passenger or crew member. The Passenger understands and acknowledges that in addition to the limitations on medical care described in Clause 2(a), prenatal and infant care, in particular, may require specialized diagnostic facilities and/or treatment that are not available on board the Yacht and/ or ashore in ports of call.
  3. When travelling with a minor and both parents / legal guardians are not present, the Passenger agrees to bring an original signed letter from the absent parent / guardian authorizing the minor to travel with the Passenger.

    6. CANCELLATION BY PASSENGER, NO REFUNDS

    Reservations will be held until 30 minutes before departure. No refunds will be made in the event of “no shows”, unused tickets, lost tickets, interruptions, partially used tickets, or cancellations.


    7. THE OWNERS RIGHT TO INCREASE FARES, CANCEL OR CHANGE CRUISE

  1. The Owner reserves the right to increase published fares without prior notice. However fully paid or deposited Passengers will be protected. Changes to deposit, payment and cancellation terms and conditions are subject to change without notice.
  2. The Owner has the right without previous notice to cancel this Contract at any time prior to the Cruise including at the port or point of embarkation or any time during the Cruise and shall thereupon return to the Passenger, if the Contract is completely cancelled, his fare, or, if the Contract is partially cancelled, a proportionate part thereof. Under such circumstances, the Owner shall have no further liability for damages or compensation of any kind.
  3. The Yacht shall be entitled to leave and enter ports with or without pilots, to tow or assist other vehicles in any circumstances, to return to or enter any port at the Owners discretion and for the purpose and to deviate in any direction or for any purpose from the direct or usual course, and to change or omit any or all ports of call, arrival or departure times, with or without notice, for any reason whatsoever, including, but not limited to, safety and security, adverse weather, strikes, tides, hostilities, emergency debarkations of Passengers or crew. The Owner shall have no liability for compensation or other damages in such circumstances.
  4. If the performance of the Cruise is hindered or prevented (or in the opinion of the Owner is likely to be hindered or prevented) by war, hostilities, blockage, ice, labour conflicts, strikes on board or ashore, restraint of Princes, Rulers or People, seizure under legal process, breakdown of the Yacht, congestion, docking difficulties or any cause whatsoever or if the Owner considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the port of the Passengers destination may expose the Yacht to risk or loss or damage or be likely to delay her, the Passenger and his baggage may be landed at the port or point of embarkation or at any port or place at which the Yacht may call, at which time the responsibility of the Owner shall cease and this Contract shall be deemed to have been fully performed, or if the Passenger has not embarked, the Owner may cancel the proposed Cruise without liability to refund the Cruise Fare paid in advance.

    (e) Without limiting the generality of Clauses 7 (b), (c) and (d) in the event of cancellation, alteration or delay (including prolongation of the Cruise) the Owner shall not be responsible for individual circumstances or arrangements or losses arising from individual circumstances or arrangements.


    8. COMPLIANCE WITH RULES, SMOKING, DRINKING, ILLEGAL ACTIVITY

    (a) Passengers agree during the course of the Cruise to follow the directions of the Captain. Passengers agree that any violation of this Clause may subject Passengers to disembarkation.

    (b) The Passenger acknowledges that the Yacht contains non-smoking sections. The Passenger and the Owner further agree that any violation of the non smoking policy would cause the Owner to incur damages, including but not limited to, loss of Passenger goodwill, revenue, cleaning, maintenance and/or other costs. The Passenger agrees to refrain from smoking in those sections and agrees that the Owner has the right to disembark the Passenger for failure to observe the Owners non-smoking policy.

    (c) In the interests of all Passengers the Owner has a “zero tolerance” policy toward any illegal activity or behaviour by Passengers or crew aboard. Passenger agrees to comply with this policy and further acknowledges that it is the Owner’s policy to report incidents of illegal activity or behaviour to the appropriate law enforcement authorities.

    (f) The Owner reserves the right to refuse to serve alcohol to any passenger. Passenger acknowledges that the minimum age permitted for the consumption of alcoholic beverages aboard the Yacht is twenty-one (21). Passenger agrees to supervise all persons under age twenty-one (21) under Passenger’s charge to ensure that they do not violate this, or any other regulation. Passenger agrees that the Owner has the right to disembark any Passenger who violates this policy and as well as any adults travelling with minors who violate this policy or any other regulation.


    9. PASSENGER’S REIMBURSEMENT FOR FINES, EXPENSES, DEBTS AND DAMAGES

    (a) The Passenger shall be liable to and shall reimburse the Owner for any fines or penalties imposed on the Owner by any government, governmental agency or official, port or port official, for Passenger’s failure to observe or comply with local requirements in respect of immigration, border patrol, customs and excise, agriculture, health or any other government regulation whatsoever.

  1. The Passenger shall be liable to and shall reimburse the Owner for all deviation expenses (including loss of revenue), damages to the Yacht, its furnishings, operations or equipment, or any property of the Owner caused directly or indirectly, in whole or in part, by any misconduct, wilful or negligent act or omission on the part of the Passenger or any minors travelling with Passenger. The Passenger shall defend and indemnify the Owner and the Yacht, their servants and agents against liability which the Owner or the Yacht or such servants or agents may incur towards any person, company or Government for any damage to property, personal injury or death caused directly or indirectly, in whole or in part, by any misconduct, wilful or negligent act or omission on the part of the Passenger or minors travelling with Passenger.

    10. INDEPENDENT CONTRACTORS AND OTHER SERVICES

    (a) Passenger acknowledges that all Shore ground transportation are either operated by or are independent contractors. Even though the Owner shall be entitled to collect a fee and earn a profit from the ticketing or sale of such services by such persons or entities, the Owner neither supervises nor controls their actions, nor makes any representation either express or implied as to their suitability. The Owner, in arranging for the services called for by the ground transportation does so only as a convenience for the Passenger and Passenger is free to use or not use these services. Passenger agrees that the Owner assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Passenger and/or Passenger’s baggage, property or effects in connection with said services. Passengers use the services of all independent contractors at the Passenger’s sole risk. Independent contractors are entitled to make a proper charge for any service performed with respect to a Passenger.

    (b) Passenger acknowledges that although independent contractors or their employees may use signage or clothing which contains the name “La Divina” or “Christina O” or other related trade names or logos, the independent contractor status remains unchanged. Independent contractors, their employees and assistants are not agents, servants or employees of the Owner and have no authority to act on behalf of the Owner.


    11. LIMITATIONS OF THE OWNER’S LIABILITY

    (a) In consideration for the fare paid, it is agreed that the Owner shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by the Owner nor for any intentional or negligent acts of the Owner’s employees committed while off duty or outside the course and scope of their employment.

    (b) In consideration for the fare paid, it is agreed that the Owner shall have no liability as a consequence of Passenger's use of the Yacht’s athletic or recreational equipment or as a consequence of Passenger's decision to participate in any athletic or recreational activity or event.

    (c) The Owner shall be entitled to any and all liability limitations and immunities provided under the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea of 1974, as well as the 1976 Protocol to the Convention Relating to the Carriage of Passengers and their Luggage by Sea (“Athens Convention”), which limits the Owner’s liability for death or personal injury of a passenger to no more than 46,666 Special Drawing Rights as defined therein (approximately U.S. $60,000 which fluctuates depending on daily exchange rate as printed in the Wall Street Journal), and all other limits for damage or loss to personal property.

    (d) The Owner shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of the Owner and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to be intentionally inflicted by the Owner.


    12. JURISDICTION, VENUE, ARBITRATION AND RELEVANT LAW

    (a) Any disputes arising out of or in connection with this contract or the interpretation or fulfilment of this contract shall be decided by arbitration in London under the Rules of Arbitration of the London Court of International Arbitration by a single arbitrator appointed in accordance with the said rules. The award rendered by any arbitrator so appointed shall be final and binding upon both parties and may if necessary be enforced by a court or other competent authority in the same manner as a judgment of a court of competent jurisdiction.

    (b) This agreement shall be governed by and construed in accordance with the laws of England.

    (c) Each party hereto hereby irrevocably agrees to submit to the non-exclusive jurisdiction of the English Courts.


13. THE OWNER’S USE OF PASSENGER’S LIKENESS
The Owner and/or its promotional partners have the exclusive right to include photographic, video and other visual portrayals of Passenger in any 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 the Owner’s sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger.


14. PASSENGER’S USE OF PHOTOS, VIDEOS OR RECORDINGS PROHIBITTED AND CRUISE NOT FOR

COMMERCIAL PURPOSES
(a) The Passenger hereby expressly agrees that he will not utilize any tape recording, video, or photograph(s) of the Yacht

    (both interior and exterior) or any part thereof including its design and equipment, the performance on board or any part of La Divina and/or of himself, any other Passenger, crew, or third party on board the Yacht, whatsoever, for any commercial purpose or in any media broadcast, or for any other non private use, without the express written consent of the Owner. The Passenger acknowledges that by boarding the Yacht, at any time, Passenger irrevocably agrees to this provision, which is a condition precedent to being permitted on board the Yacht and can be enforced by any legal means, including, but not limited to, injunctive relief.

    (b) The Passenger further expressly agrees that he will not publish, post or insert or deposit (hereinafter referred to as “publication”) any tape recording, video or photograph(s) of the Yacht (both interior and exterior) or any part thereof including its design and equipment, the performance on board or any part ofLa Divina, whether made or taken for personal or private use or otherwise on any website on the internet, or on YouTube or similar network, or any social network site or facility on the Internet, or mobile telephone network (hereinafter individually and collectively referred to as “networks”) and will not allow same out of the Passengers own personal possession and control to others without a similar restriction on publication. In the event of breach of this clause the Passenger agrees (in addition to all other of the Owners rights for breach hereof) to immediately remove or procure the removal of said tape, video and or photograph(s) from the networks immediately when called upon to so do by the Owner. The Passenger agrees to indemnify the Owner for all losses and expenses of the Owner in removing such material from the networks irrespective of whether person(s) other than the Passenger caused such publication.

    (c) The Passenger agrees that he had booked the cruise for personal private leisure reasons and not for any promotional, advertising or commercial purposes.