Terms and Conditions of Sale
The following terms and conditions (referred to herein as these "Terms and Conditions" or this "Agreement") apply to all travel and travel related Services offered for sale by the Milepost Group Inc., dba CruisingStore.com, and/or its officers, directors, employees, representatives, affiliates, agents, independent contractors, or subcontractors (hereinafter referred to as "CruisingStore.com, "we,"or "us"). CruisingStore.com mailing address is 9100 South Dadeland Blvd. Suite 1500, Miami, Fl 33156.
The terms "Service" or "Services" as used in these Terms and Conditions encompass: airfare, passage on cruises, charters, river boats, and other water vessels, ground transportation, hotel rooms, resorts, or other lodgings, tours, car rentals, leisure or adventure activities, equipment rentals, expeditions, trip insurance and any other travel or travel related products offered or sold by CruisingStore.com. The term "Trip" is defined as any Service, or package of Services, offered or sold by us. "Supplier" or "Vendor" refers to any provider of the Services we offer. "Itinerary" refers to the particularized schedule for a Trip. References herein to "Traveler," "you," or "your" shall apply to each and any of the following: a party participating in an offered Trip and/or the party who purchases, or attempts to purchase, a Trip for themselves and/or others, including their Parent or Legal Guardian who accepts these Terms and Conditions on their behalf if the party participating is not of legal age to enter into a binding legal contract on their own behalf.
All bookings of Trips are also subject to the Terms and Conditions of the Supplier of the Service(s) incorporated in a Trip. All Services we offer are provided solely by third-party Suppliers. By placing an order with CruisingStore.com, you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation, and to be bound by the limitations therein. If the Supplier's Terms and Conditions are ever in conflict with the Terms and Conditions of CruisingStore.com, CruisingStore.com will control all issues relating to the liabilities and responsibilities of CruisingStore.com.
Please read these Terms and Conditions carefully, ask us any questions you have about them, and consult your attorney before you agree to be bound by them. Traveler acknowledges that they have taken note of these Terms and Conditions before making a booking and have accepted the same by checking the "I have read and agree to the Terms & Conditions" box. When Traveler is purchasing a Trip for one or more Travelers besides themselves, checking the "I have read and agree to the Terms & Conditions" box verifies that Traveler: (1) has informed all other Travelers in their group of these Terms and Conditions and supplied all other Travelers a copy of the same; (2) has full authority on behalf of all the persons whose names appear thereon to accept the Terms & Conditions on their behalf, including for Travelers who are not of legal age to accept these Terms and Conditions on their own behalf; (5) agrees to be responsible for any error in the accuracy of information they provide us in regards to those Travelers; and (6) warrants that the Traveler(s), after consideration and with an opportunity to consult legal counsel, also agree to be bound by these Terms and Conditions, including the limitations of liabilities and cancellation policies herein. Without this acceptance, the processing of an order or inquiry is not technically possible. Therefore, by placing an order with CruisingStore.com, you (and all Travelers in your group, if applicable) agree to abide by these Terms and Conditions without reservation and to be bound by the limitations herein.
- Modification of Our Terms and Conditions
- Cancellations and Alterations Policies
- Issuing Travel Documents
- Special Rules Relating to Minors
- Travelers with Special Needs or Disabilities
- Passports, Visas, and Health Requirements
- Seller of Travel Disclosures
- Local Customs, Laws, and Travel Risks
- Marketing Materials and Illustrative Photos
- Limitation of Liability
- Disclaimer of Warranties
- Indemnification and Release
- Force Majeure
- Special Rules Regarding Air Transport
- Activities Offered During your Trip
- Medical and Physical Condition, Medical Emergencies, Assumption of Risk
- Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc.
- Attorney's Fees, Costs, and Expenses of Suit
- Severability and Survivability
- Entire Agreement, Waiver, Etc.
2. Modification of Our Terms and Conditions. Our Terms and Conditions may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Trips booked prior to the amendment or modification. It is therefore essential that you consult and accept our Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with CruisingStore.com or reviewed our Terms and Conditions.
3. Payments. CruisingStore.com accepts payments by credit card only. Credit cards accepted are determined by the specific cruise line booked. All payment transactions are transferred directly to the Supplier and the Supplier is the merchant of record for any purchase transaction. Cruisingstore.com and/or the Supplier will send client confirmation of credit card authorization within 24 hours after processing. Any refunds that are or become due to Traveler will be provided directly by Supplier.
4. Prices. Our prices are contractual tariffs. No claim relating to the price of a Trip will be considered once the reservation is effective. Please note that Prices are FINAL once purchased. If prices are reduced after your purchase of a Trip, we will be unable to provide you any compensation for the difference.
5. Cancellations and Alterations Policies.
a. Cancellations and Alterations attributable to Traveler
All Services we sell are provided solely by third-party Suppliers. Suppliers have their own policies in regard to cancellation or alterations. All Travelers should review those policies prior to purchase. The cancellation penalties on payments will be determined by these individual Suppliers and vendors, not Cruisingstore.com. Cruisingstore.com is not responsible for any rejection of a travelers' credit card. Any changes or alterations to the original itinerary purchased may result in price changes or cancellations as may be solely determined by the Supplier.
Important: All tickets for any air travel that may be purchased are generally non-refundable unless specifically described otherwise. Any alteration, transfer, or cancellation relating to airfare, or Trips (flight + other Services) which affect the booked flight(s), will involve charges up to the price of the air tickets bought including, without limitation, all fees, taxes, and charges. If our third-party suppliers allow you to change your flight, the penalties may be significantly higher due to availability and fares at the time of change and/or additional fees that may be charged by the air carrier and/or our suppliers.
b. California and Illinois Residents only:
Upon cancellation of the transportation or travel services, where the Traveler is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveler, unless the Traveler advises the seller of travel in writing, after cancellation. In California, this provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the Traveler with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
6. Issuing Travel Documents. Travel documents are provided by Supplier and will only be sent to the purchasing Traveler who places the order and personally agrees to these Terms and Conditions. Should you change your email address, phone number, or address before your departure date, you are required to advise Supplier of the change. If a Traveler provides incorrect information to Supplier, we do not assume any liability if the Trip is adversely affected or made impossible by the non-receipt of travel documents.
7. Special Rules Relating to Minors.
a. Domestic Travel by Minors. Some airlines may not allow unaccompanied minors to travel without an adult or may only allow unaccompanied minors to travel on non-stop flights. Many airlines may require additional fees to be paid at check-in. You must call the airline to verify rules and restrictions for unaccompanied minor traveling alone.
b. International Travel by Minors. Laws require that children under 18 years traveling international without one or both parents must have a notarized letter from the non-accompanying parent or parents stating that they have given consent for the child to leave the country. If one parent is deceased, a copy of the death certificate is necessary. If a child under the age of 18 years on the day of departure is traveling with a parent whose last name differs from the last name of the child, proof of parentage will be required. Parent's name change must be documented.
c. Unaccompanied Minors. For some destinations, Travelers who have not reached the age of 18 on the day of departure will be denied boarding if not accompanied by an adult. Please contact the consulate of the country you going to visit and/or airline. Some hotels require Travelers to be not less than 21 years old to check-in.
8. Travelers with Special Needs or Disabilities. If you have special needs (e.g., wheelchair accessible room, traveling with seeing eye dog, etc.) you must call all relevant Service providers for your Trip ahead of time and verify that special needs can be met. Depending on their terms and conditions, your reservation may be refunded, canceled or modified if special handicapped needs cannot be met. CruisingStore.com makes no guarantee as to the availability or suitability of any Accommodations, Cruise ship, activity provider, or facilities advertised on its site to meet the special needs of disabled clients.
9. Insurance. Should you have to cancel your Trip because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, Trip cancellation insurance may protect some or all deposits and/or payments for both air and tour costs. CruisingStore.com stronglyrecommends the immediate purchase of Trip cancellation insurance including emergency medical evacuation.
For Trips purchased through CruisingStore.com, you have the option to purchase trip insurance for an extra charge directly from the Supplier. It is Traveler's responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed. It is the Traveler's sole responsibility to research, evaluate and purchase appropriate coverage. Traveler agrees that CruisingStore.com is not responsible for any uninsured losses.
10. Passports, Visas, and Health Requirements. It is Traveler's responsibility to verify they have all the necessary visas, transit visas, passport, and vaccinations prior to travel. A full and valid passport is required for all persons traveling to any of the destinations outside the U.S. that we feature. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire Trip.
Most international Trips require a passport valid until at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Trip. Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/travel or directly from the destination country's website.
Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa.
You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.
Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release CruisingStore.com from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, go to http://travel.state.gov/travel/travel_1744.html, or contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.
It is your responsibility to ensure that you hold the correct, valid documents for the countries you are visiting and have obtained the necessary vaccinations, clearance to travel, and hold the necessary confirmations for medications required as we cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements.
WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, CRUISE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.
11. Accommodations. "Accommodations" are any lodgings in a dwelling or similar living quarters afforded to Travelers including, but not limited to, hotels, quarters in ships and charters, motels, and resorts. CruisingStore.com provides the accommodations for its Trips through third-party Vendors and retains no ownership or management interest in those Accommodations. CruisingStore.com does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Vendors. If any issues arise, please contact the owner/operators of the respective Accommodations directly.
The star ratings for hotels and resorts featured on CruisingStore.com's website are provided by suppliers and CruisingStore.com is not responsible for the accuracy of those ratings. Hotel and resort accommodations and the "star" designations may vary from country to country, especially in some of the remote locations CruisingStore.com offers Trips to
12. Notices. Any notices required or permitted hereunder shall be given:
a. If to CruisingStore.com, via certified mail, return receipt requested, addressed to:
9100 South Dadeland Blvd. Suite 1500
Miami, FL 33156
Or via email to:
b. If to Traveler, at the email or physical address provided by Traveler during the registration process.
c. Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
13. Seller of Travel Registration Information. CruisingStore.com is registered as a seller of travel in all states that require such registration. As of July 14, 2017, we maintain the following registrations: California (CST-2122812); Florida (ST-39838); Hawaii (TAR-7167); Washington (UBI-603538435); Iowa (TAR-1260).
Registration as a seller of travel does not constitute approval by the respective State. This business is not a participant in the California Travel Consumer Restitution Corporation.
14. Local Customs and Travel Risks. Some Travelers will be traveling to foreign countries, with different customs, standards, laws and risks than those Travelers are accustomed to. Traveler understands that they must be prepared to cope with the unexpected, with local customs and shortages, with the vagaries of weather, travel and mankind in general. As such, Traveler acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold CruisingStore.com harmless for any such problems experienced while participating in their Trip.
15. Marketing Materials and Illustrative Photos. CruisingStore.com endeavors to illustrate the Services it offers using photographs or illustrations that provide a realistic representation of the Services. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are not contractual nor are they to be construed as guarantees of the conditions of the Services pictured at the time of your Trip. The images of the Services on CruisingStore.com are not produced by CruisingStore.com, they are provided by the Service providers, other Travelers, and/or third-party image suppliers. CruisingStore.com cannot confirm the veracity of any pictures or images or current status of any property.
16. Limitation of Liability. IN NO EVENT SHALL CRUISINGSTORE.COM BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF CRUISINGSTORE.COM HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL CRUISINGSTORE.COM'S TOTAL AGGREGATE LIABILITY TO THE TRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELER TO CRUISINGSTORE.COM UNDER THIS AGREEMENT.
CRUISINGSTORE.COM IS ACTING AS A MERE AGENT FOR ALL SUPPLIERS OF ALL TRIPS, SERVICES, AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY US. ANY AND ALL SUPPLIERS OF TRIPS, SERVICES, AND ACCOMMODATIONS ADVERTISED AND/OR SOLD BY CRUISINGSTORE.COM ARE THIRD PARTY VENDORS AND CRUISINGSTORE.COM RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, CRUISINGSTORE.COM DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.
17. Disclaimer of Warranties. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY CRUISINGSTORE.COM ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CRUISINGSTORE.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH CRUISINGSTORE.COM. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
18. Indemnification and Release. Except as otherwise set forth herein, Traveler hereby releases CruisingStore.com from any and all liability, loss, expense, damages, or claims arising out of or resulting from Traveler's participation in a Trip, whether caused by the negligent or reckless conduct of Traveler, a Service Provider, a provider of Accommodations, another third party, or otherwise.
Traveler hereby also agrees to indemnify, defend and hold harmless CruisingStore.com from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees) and expenses, arising out of any claim brought against CruisingStore.com regarding, resulting, or arising from Traveler's participation in a Trip or Traveler's performance of this Agreement.
19. Force Majeure. CruisingStore.com shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. "Force Majeure" refers to any event beyond CruisingStore.com' reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, World Health Organization's advisories and/or alerts, Center for Disease Control's advisories and/or alerts, U.S. State Department's advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power services, terrorism or any other causes beyond the control of CruisingStore.com or deemed by CruisingStore.com to constitute a danger to the safety and well-being of Travelers. CruisingStore.com reserves the right to cancel any Services described in a Trip Itinerary due to Force Majeure.
20. Special Rules Regarding Air Transport.
a. General conditions governing air transport.
CruisingStore.com's responsibilities in respect to air travel are limited by the relevant airline's Contract of Carriage. All airline Contracts of Carriage are available for view publicly on their websites and at their office branches. CruisingStore.com is not able to specify the type of aircraft to be used by any airline or guarantee seat assignments. In addition, CruisingStore.com is not responsible for losses due to cancelled flights, seats, or changed flight itineraries. Airlines retain the right to adjust flight times and schedules at any time; schedule changes can result in an itinerary that falls outside of contractual agreements. You cannot cancel your reservation without penalty due to a change of airline, aircraft type or destination. If an airline cancels or delays a flight, you should work with the airline to ensure you arrive at your destination on or ahead of time. CruisingStore.com will not provide any refund for Trips missed, in part or full, due to missed, cancelled or delayed flights, or other flight irregularities including, without limitation, denied boarding whether or not you are responsible for such denial. Airline flights may be overbooked. A person denied boarding on a flight may be entitled to a compensatory payment or other benefits. The rules for denied boarding are available at all ticket counters in your Contract of Carriage.
Direct flights may be "non-stop" or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport. The journey to the other airport is at your own expense. CruisingStore.com will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.
CruisingStore.com will not bear any liability, particularly in the event of timetable changes, delays, cancellations, etc., attributable to force majeure (labor dispute, strikes, storms, wars, earthquakes, epidemics, etc.) or in the event that, after the specified arrival time at the airport, it is found that the customer is refused boarding for failure to comply with the administrative or health formalities, or failure to check-in.
Call airline or review their Contract of Carriage to find out how long before the departure passengers have to check in. Usually it is 3 hours prior to departure. Some airlines require Travelers to have a credit card available to check-in. If Travelers come late to check-in they will be denied boarding.
Failure to check-in for a flight on the outward journey will automatically result in cancellation of the return flight by the airline. Any interrupted or shortened journey, or any Service that you do not take up, will not entitle you to a refund. If you have taken out insurance coverage, and in particular insurance for the interruption of a stay, you must comply with the procedures for cancellation appearing in your insurance contract.
c. Flight connections
If any booked flight connecting with your outbound or inbound flight is cancelled or delayed, the airlines reserve the right to provide that transport by any other means (coach/bus, train, etc.).
If you organize your own connecting transport with the arrangements booked with CruisingStore.com, we would advise that you reserve flexible or refundable tickets in order to avoid the risk of any financial loss. You are also advised not to make any important appointments for the day following your return date.
CruisingStore.com cannot accept responsibility for the consequences of delays (such as a cancelled scheduled flight) in the context of connecting transport organized by you.
d. Non-Use of Flight Segments
You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a "point-beyond", "hidden-city", or "back-to-back tickets". You further agree not to purchase a round-Trip ticket that you plan to use only for one-way travel. You acknowledge that the airlines generally prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets. You agree to indemnify CruisingStore.com against any airline claims for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.
CruisingStore.com assumes no liability for any loss or damage to baggage or personal effects, whether in transit to or from a Trip, or during a Trip. The airline or other Supplier is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of luggage, you should contact your airline or other Supplier and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. It is recommended that you take out an insurance policy covering the value of your items.
Additional and oversized baggage fees: Most airlines or other Suppliers have their own policy regarding luggage. We recommend that you check with your airline or other Suppler ahead of time for any weight restrictions and additional charges relating to baggage. Some airlines or other Suppliers are now charging fees for even one checked bag. You will be responsible for paying to the airline or other Supplier any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline or other Supplier and excess weight is permitted, you must pay a supplement directly to the airline or other Supplier.
a. Room Classifications
On cruise ships, cabins generally offer more restricted space than in a typical hotel room. In addition, for an equivalent classification in terms of stars, the amount of space and degree of comfort in cruise cabin is generally less than that offered in a typical hotel room.
b. Shore Excursions, Medical Personnel, & Cruise Amenities
All shore excursions and tours, ground transportation, on board concessions (including, but not limited to, gift shops, spas, beauty salons, fitness centers, gymnasiums, climbing walls, golf programs, art programs, and snorkel concessions) are operated by independent contractors. Additionally, all ship physicians, nurses, and other medical personnel are independent contractors. CruisingStore.com neither supervises nor controls the actions of these independent contractors, nor makes any representation, whether express or implied, as to their suitability. You agree that CruisingStore.com 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 you and/or your property in connection with these services. These services are provided only as a convenience for you; you use them at your own risk.
22. Activities Offered During your Trip. An offered activity may not be appropriate for all ages or for individuals with certain medical conditions. CruisingStore.com may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRUISINGSTORE.COM SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY
23. Medical and Physical Condition, Medical Emergencies. Traveler understands that in the event of injury or sickness to Traveler, or exacerbation of Traveler's medical condition, CruisingStore.com may not be held responsible for the quality of medical personnel and facilities. Medical personnel and facilities vary from region to region and cannot be controlled by CruisingStore.com. In some parts of the world, substandard medical care is common and unavoidable. Hospital facilities are often unavailable and evacuation can be prolonged, difficult and expensive. CruisingStore.com is not responsible for the costs of any medical treatment you may require during a Trip and assumes no liability regarding provision of medical care or lack thereof that you may receive while on the Trip. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS YOU MAY REQUIRE OR RECEIVE DURING YOUR TRIP. Traveler releases CruisingStore.com from any liability relating to any such medical care, whether secured by a Service provider on behalf of Traveler, or otherwise, and agrees to be responsible for any and all expenses incurred for said medical care.
24. Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc. These Terms and Conditions and the relationship between You and CruisingStore.com will be governed by the laws of the State of Florida without regard to its conflict of law provisions.
You and CruisingStore.com agree to submit to the personal jurisdiction of the federal and state courts located in Miami, Florida with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. The Client and CruisingStore.com agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in Miami, Florida and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND CRUISINGSTORE.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.
26. Assignment. Traveler may not assign his rights or obligations hereunder without the prior written consent of CruisingStore.com.
27. Severability and Survivability. If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Traveler and CruisingStore.com agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
Notwithstanding any other provisions of this these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
28. Entire Agreement, Waiver, Etc. These Terms and Conditions constitute the entire understanding and agreement of the parties with respect to the subject matter covered by them, and supersede all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, acknowledgment, or other document will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. CruisingStore.com does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.