THIS CRUISE CONTRACT IS A LEGALLY BINDING CONTRACT, WHETHER OR NOT SIGNED BY GUEST OR GUEST'S RESPONSIBLE ADULT. IT IS ISSUED BY CARRIER BASED ON THE GUEST'S ACCEPTANCE, INDIVIDUALLY OR THROUGH GUEST’S RESPONSIBLE ADULT, ALWAYS SUBJECT TO THE TERMS AND CONDITIONS SET OUT THEREIN.
THE GUEST AND RESPONSIBLE ADULT SHOULD PAY SPECIAL ATTENTION TO CLAUSES 9 THROUGH 23, INCLUSIVE WHICH MAY, INCLUDING THE CLASS-ACTION WAIVER IN CLAUSE 12, WHICH LIMIT THE RIGHTS OF GUEST AND EXCULPATE FROM LIABILITY THE CARRIER, THE VESSEL AND ANY OF THEIR AGENTS, EMPLOYEES OR CONTRACTORS.
For valuable consideration it is mutually agreed between Magical Cruise Company, Limited, doing business as Disney Cruise Line, and Guest as follows:
This Clause 24 relates only to cruises where Guests embark the ship in a European Union member state port where EU Regulation 1177/2010 with respect to rights of passengers when traveling by sea applies. At the time of booking, Guests must notify Carrier in writing if they are a “Disabled Person” or “Person with Reduced Mobility” that may require special arrangements, medical equipment and/or supplies, or care or assistance at the terminal of embarkation or disembarkation, during embarkation or disembarkation or during the cruise; of any specific needs with regard to accommodation, seating or services required; and, whether they need to bring any specific medical equipment or assistance dogs onboard. If a Guest’s circumstances change between the date of booking and the cruise, the Guest must inform Carrier as soon as possible and advise of the need of any special arrangements including medical equipment. Carrier will refuse boarding to Guests who cannot be carried safely and in accordance with all applicable safety requirements established by International, EU or National Law or where embarkation, disembarkation and/or carriage of the Guest cannot be carried out in a safe manner. Carrier can refuse to accept a booking or subsequently embark any Guest on the grounds of safety, taking into account among other things the ISM Code for the Safe Operation of Ships and/or SOLAS relating to the Safety of Life at Sea. It is important that the fullest information is provided at the time of booking. “Disabled Person” or “Person with Reduced Mobility” under this Regulation means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all passengers.
Where necessary in order to comply with applicable safety requirements, Carrier may require a Disabled Person or Person with Reduced Mobility to be accompanied by another person who is fit and able to assist them in day to day activities. This requirement may vary from ship to ship and itinerary to itinerary. Guests who may fall into this category may include those who require assistance with personal care including feeding. All personal care or supervision must be arranged by you at your expense. Carrier is unable to provide respite care, one-to-one personal care or supervision or any other form of specialized care for Guests.
You must inform Carrier prior to sailing of any medical equipment which you wish to bring onboard so that Carrier can determine if the equipment can be carried safely onboard. The ship cannot carry liquid oxygen or refill or supply oxygen cylinders. Failure to notify Carrier of such equipment may result in that equipment not being allowed onboard the ship and consequently may affect your ability to participate in the cruise. No more than two pieces of such medical equipment are allowed per stateroom and the value of such equipment must not exceed $5,000 per stateroom in total, unless agreed otherwise in writing by Carrier. In the event that any such equipment is lost or damaged by the negligence of Carrier and/or its servants or agents, then Carrier will replace or repair such equipment at its option.
Guests must make complaints relating to EU Regulation 1177/2010 concerning the rights of passengers when travelling by sea to the Carrier within 2 months from the date of service. Within 1 month after receipt of the complaint the Carrier will respond informing the Guest whether the complaint has been substantiated, rejected or is still being considered. The Carrier will provide a final response to the complaint no later than 2 months after the receipt of the complaint.
Guest acknowledges and agrees to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of Guest or others. Guest acknowledges that Guest’s embarkation and participation in a cruise is entirely voluntary. By embarking and participating in a cruise Guest attests he is knowledgeable about his individual risk of developing severe illness if infected with COVID-19; Guest has made an informed decision about cruising based on his individual risk; and Guest has decided whether to consult with a health care provider based on the Guest’s individual risk.
Guest further acknowledges, understands and agrees to abide by and consent to all COVID-19 rules, regulations, mandates and safety protocols issued by Carrier and/or Public Health Authorities including but not limited to: (a) Submission to mandatory COVID-19 medical testing at such times and frequency as required by Public Health Authorities or Carrier, which may also include testing before and after your voyage; (b) submission to enhanced health screening for signs and symptoms of COVID-19 or known exposure to COVID-19; (c) denial of boarding due to signs and symptoms of a possible COVID-19 infection or known exposure to COVID-19 as determined by Carrier at its sole discretion, in accordance with technical instructions or orders by Public Health Authorities; (d) participation in contact tracing and data collection efforts for COVID-19 surveillance; (e) mandatory shipboard isolation and/or quarantine at the sole discretion of the Master or shipboard medical personnel; (f) mandatory disembarkation and evacuation due to a suspected COVID-19 infection by Guest or any other person aboard the Vessel (Evacuation and disembarkation may occur in a foreign port or a port outside your original cruise itinerary); (g) post-cruise quarantine instructions; (h) mandatory daily temperature checks; (i) mandatory use of face coverings/face masks in accordance with guidelines by Public Health Authorities and (j) following Disney Cruise Line physical distancing requirements.
Guest further acknowledges that the COVID-19 rules, regulations, mandates, and safety protocols issued by Carrier, Public Health Authorities, and/or other governing bodies are subject to change. Carrier reserves the right to change any health and safety protocols, including, but not limited to, requirements on vaccinations, masks, and physical distancing related to COVID-19 at its sole discretion, without notice, both prior to and during Guest’s presence on the Vessel. It is the Guest’s sole responsibility to confirm any changes to any health and safety protocols that may be applicable and ensure compliance with all health and safety protocols in effect on the Vessel.
Guest further acknowledges and agrees to review any CDC travel advisory, warning, or recommendation relating to cruise travel prior to making your cruise reservation (available at https://wwwnc.cdc.gov/travel/notices/covid-4/coronavirus-cruise-ship). If a threshold of COVID-19 is detected on board the Vessel during a voyage, the voyage will be ended immediately and the ship returned to the U.S. port of embarkation, and Guest’s subsequent travel, including their return home, may be restricted or delayed.