American Cruise Lines - Terms & Conditions
General Booking Conditions
These Terms and Conditions should be read carefully and apply when we are the organiser of your package including travel by air and a cruise. Your contract is with Fred.\ River Cruises a trading name of Fred. Olsen Travel Ltd (“FOT”), a company registered in England and Wales (Company Registration No. 2287241) whose offices are at Olympus House, 2 Olympus Close, Ipswich, Suffolk IP1 5LN. A contract will exist when we have accepted a deposit and issued our confirmation invoice. These Booking Conditions, together with any other information brought to your attention before you booked your package, form the basis of your contract and set out our respective rights and obligations, and all bookings are accepted by us subject to these Booking Conditions. In these Booking Conditions, references to “we” and “us” mean FOT, and “you” and “your” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made.
Booking and Paying For Your Arrangements
To make a booking please contact Fred.\ River Cruises on 0800 035 0237, email email@example.com, website www.fredrivercruises.co.uk/american-cruise-lines/, or contact your preferred travel agent.
A booking is made with Fred.\ River Cruises when a) you tell us that you would like to accept our written or verbal quotation and b) you pay us a deposit of £400 per person for cruises of 9 nights or less or £750 per person for cruises of 10 nights or more, unless advised differently at the time of booking. A further deposit amount may be required for flights and additional accommodation. When we issue you with a Confirmation Invoice, a binding contract will come into existence. Upon receipt, if you believe that any details on the Confirmation or any other documents are wrong you must advise us immediately, as changes may not be possible later. The balance of the cost of your arrangements (including any applicable surcharge) is due 104 days prior to scheduled departure date. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled and retain your deposit.
Your Financial Protection
We provide full financial protection for our package holidays. If you buy a single travel service then this might not apply. For flight-based holidays this is through our Air Travel Organiser’s Licence number (0944), issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email firstname.lastname@example.org. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for the unlikely reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for the unlikely reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. When you buy a package holiday that does not include a flight, protection is provided by way of a bond held by ABTA - The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk.
Unless stated otherwise, all brochure prices are per person based on double occupancy of a cabin, and includes passage, dining service, snacks, complimentary cocktail parties, and entertainment aboard the ship. You are not expected to leave a gratuity on board. Fares do not include most shore tours (unless otherwise noted) or port charges and fees, flights, passports/visas, excess baggage fees, or pre/post-cruise accommodation and transportation. Single cabins are available on all ships, but if one person chooses to occupy a double stateroom, he/she will be charged 150% or 175% of the double occupancy rate depending on the type of stateroom occupied. Pricing is accurate at time of printing and we reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays within 7 days of the booking.
The price of your holiday is subject to change after you have booked only in certain circumstances. These include changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports, or exchange rates, any or all of which may mean a variation in the price of your holiday after you have booked. However, there will be no change within 20 days of your departure.
We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that. If this means that you have to pay an increase of more than 8% of the price of your travel arrangements (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice, and we will provide a refund of any insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
When you buy a flight-based holiday, all monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a holiday not including a flight, all monies you pay to the travel agent are held by him on our behalf at all times.
We reserve the right to refuse or cancel a booking if you do not have personal travel insurance. We will treat any cancellation for this reason as a cancellation by you and the cancellation charges will be payable as set out below. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs, and covers all travel, cancellation, medical, and repatriation liabilities for the holiday. We reserve the right to request full details of your insurance policy, however please note that we do not check insurance policies for suitability. You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover.
Cancellation by You
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when we receive it in writing at our offices at Fred.\ River Cruises. Please note proof of postage (whether Royal Mail or e-mail) is not proof of receipt. You will be responsible for applicable cancellation charges up to the maximum shown below, unless otherwise advised. The cancellation charge detailed is calculated as a non-refundable £200 per person cancellation administrative charge plus all non-refundable items plus a percentage of the remaining total cost payable by the person(s) cancelling:
104 days or more - loss of deposit and non-refundable items
103 - 46 days 50%
45 - 00 days 100%
The cancellation administrative charge of £200 per person may be applied as a courtesy discount toward the fare for a future cruise reserved within one year of the date of cancellation.
We strongly recommend you take out suitable insurance to cover you for possible eventualities that would require you to cancel your holiday. Holiday insurance premiums not paid to us are not refundable in the event of cancellation.
You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign & Commonwealth Office.
Changes by You
You may request changing your cruise itinerary or departure date up to 91 days before the scheduled sailing but cruises may not be changed within 90 days of sailing, so if, after our confirmation invoice has been issued, you wish to change any part of your booking you must inform us in writing. Whilst we will do our utmost to assist, we cannot guarantee that we will be able to meet your requested change. All changes will be subject to an administration charge of £100 per person, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Please note that certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you and a cancellation fee may be payable. Please note also that it is important at the time of booking to advise the names of travellers that match the name given on their passport. Failure to do so will usually result in a name change charge by the airline.
You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.
Changes or cancellation by us
As we plan your holiday arrangements many months in advance we may occasionally have to make changes to or cancel your booking and we reserve the right to do so at any time. If we make a significant change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid. Except where the significant change is due to unavoidable and extraordinary circumstances (where unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken), if you choose to cancel we will also pay compensation. These options do not apply for insignificant changes. Examples of insignificant changes include alteration of your outward/return travel by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, and changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change. Alteration of the holiday may be made of necessity or because it appears to us or any other party acting as operator responsible for the holiday or part of the holiday desirable for the safety, comfort or enjoyment of passengers or the operational efficiency of the holiday. Where possible and appropriate, we will make reasonable efforts to ensure that any changes are as limited as practical. Such alteration will not amount to significant alteration of the holiday contract. We will not cancel your travel arrangements less than 90 days before your departure date, except for reasons of unavoidable and extraordinary circumstances or failure by you to pay the final balance. We may cancel your holiday before this date if, for example, the minimum number of clients required for a particular travel arrangement is not reached. If your holiday is cancelled, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value). In some cases, except where the cancellation is due to unavoidable and extraordinary circumstances, we will pay compensation. We reserve the right in our absolute discretion to terminate without notice the holiday arrangements of any customer whose behaviour is such that it is in our opinion likely to cause distress, damage, danger, or annoyance to our customers, our/supplier employees, or to any third party, or to property. If you are prevented from travelling because, in our or our suppliers’ opinion, you appear to be unfit to travel or likely to cause discomfort or disturbance to others, our responsibility for your holiday ceases and we shall be under no obligation to pay any refund, compensation or costs to you. Please note that we have no control over the behaviour of other persons staying at or visiting your holiday accommodation and we are not responsible for any withdrawal or impairment of facilities or other loss or damage caused by them. Under no circumstances are you entitled to share or sub-let your accommodation with anyone other than those individuals shown on your booking.
We are a Member of ABTA, membership number Y0128. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes arising out of this contract, which is approved by the Chartered Trading Standards Institute. If we cannot resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.
Subject to these booking conditions, your holiday arrangements will be made or performed using reasonable skill and care. We will be responsible if our employees, servants or agents fail to make or perform your holiday arrangements using reasonable skill and care as long as they were acting within the course of their employment or carrying out work, which we had asked them to do. We will not be responsible or pay compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description, which results from:
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party not connected with the provision of the services contracted for and which were unforeseeable or unavoidable;
(c) unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves, our employees, agents or suppliers and subcontractors could not, even with all due care, have foreseen or forestalled. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations that apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) Loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
i. The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel); The Paris Convention (with respect to hotel arrangements); and The Strasbourg Convention (CNLI) (with respect to travel on inland waterways). You can ask for copies of these Conventions from our offices. In addition, you agree that the operating carrier or transport company’s own ‘Terms & Conditions of Passage’ (which can be found at www.fredrivercruises.co.uk/acl-terms-conditions/) will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Terms & Conditions of Passage’. You acknowledge that all of the terms and conditions contained in those ‘Terms & Conditions of Passage’ form part of your contract with us, as well as with the transport company and that those ‘Terms & Conditions of Passage’ shall be deemed to be included by reference into this contract.
ii. When making any payment, we are entitled to deduct any money that you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit does not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
If a problem occurs whilst you are on holiday, you must inform the relevant supplier immediately so that the matter can be put right. If the supplier cannot resolve the problem to your satisfaction at the time, you must also contact us immediately by telephoning our offices on 0800 035 0237 so that we are given the opportunity to help. In the event that a complaint cannot be resolved at the time, you must write to us within 28 days of return to the UK quoting the original booking reference and giving all relevant information. PLEASE NOTE: Failure to take these steps will hinder our ability to resolve the problem and/or investigate it fully and in consequence, your rights under the contract may be affected. We regret we cannot accept liability for any claims that are not notified to ourselves and/or our suppliers strictly in accordance with this clause.
Any special requests must be advised to us at the time of booking. You should then confirm your requests in writing. Whilst every effort will be made by us to try to arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
Disabilities and Medical Problems
American Cruise Lines, Inc.’s ships are equipped with handicap-accessible rooms. Most ships’ lounges, sun decks, and dining salons are accessible by wheelchairs or other walking aid devices, and the ships are also equipped with an elevator for ease of movement between decks. However, we are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability that may affect your stay, please provide us with full details by writing or emailing us, before we confirm your booking so that we can advise as to the suitability of your chosen arrangements if possible. A qualified and physically able travel companion must accompany travellers who need assistance.
Every American Cruise Lines shore tour falls into one of three categories; 1) FEATURED shore tours are complimentary. Featured tours are selected tours, which typically are offered daily on Columbia & Snake River, Mississippi River, and Alaska Cruises. 2) PREMIUM shore tours typically cost between $20 and $70 and may be purchased on board. 3) SIGNATURE shore tours are particularly unique tours with limited availability and which often cost more than $70. We recommend you reserve these tours in advance. All shore tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any shore tour that you do not book with us, your contract will be with the operator of that shore tour and not with us. We are not responsible for the provision of that tour or for anything that happens during the course of its provision by the operator.
Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information please contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Delays and other Travel Information
We regret we are unable to offer you any assistance should a delay disrupt your itinerary. Any airline or other transport provider concerned may however provide refreshments and/or appropriate accommodation. We cannot accept liability for any delay that is due to re-scheduling times by the airline or airline authorities, or for unavoidable and extraordinary circumstances. The latest flight timings will be shown on your tickets, which will be dispatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know. Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us.
We reserve the right to terminate your booking arrangements with us immediately, should you or your party fail to conduct yourselves in an orderly manner. In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party.
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our Confirmation Invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
Personal details will be held and processed by us to enable fulfilment of the holiday contract. You hereby agree to this information being passed to any third parties in order for the supply of the holiday. Personal details supplied to us may also be used for marketing purposes but only with your clear, active consent. We will not disclose personal details to third parties for marketing purposes without express permission. Our Privacy Notice can be viewed at www.fredrivercruises.co.uk/privacy.
In this Contract “Cruise” means the voyage for which passenger’s fare is payable, including all related shoreside excursions; “Vessel” means the vessel for the Cruise and tenders; “ACL” means the Vessel, its owners, operators, employees, agents, and charterers; “Passenger” means all persons booking or purchasing passage under this Contract, including you, persons in their care, and their respective heirs and representatives. The “Passenger Information” on the ACL website (www.americancruiselines.com) (the “Passenger Information”) in effect as of the date Passenger first pays any fare for the Cruise is hereby incorporated into this Contract as part of the parties’ agreement. This Contract, including the Passenger Information and payment receipts (the “Agreement Documents”), constitute the exclusive agreement between Passenger and ACL and supersede all other agreements, oral or written. If terms in other Agreement Documents conflict with terms of this Contract, this Contract shall control. The terms of this Contract are severable and if any shall be found unenforceable, the remainder shall be enforceable.
ACL’s liability for lost or damaged personal property is limited to the contents of baggage when transferred on or off the Vessel up to a maximum of $100 per passenger. ACL is not liable for Passenger’s lost, damaged, or stolen money, jewelry, electronic equipment (including cameras, computers, iPads, cellphones, etc.) or other items of value, or fragile or perishable items. In no event shall Passenger bring aboard the Vessel or check-in any flammable, explosive, weapon, or any other dangerous or harmful article of any kind, including illegal narcotic or other controlled substance. Animals of any kind may not be brought aboard the Vessel. ACL may refuse to permit Passenger to bring aboard the Vessel any item ACL deems inappropriate.
ACL reserves the right to change, cancel or substitute any itinerary, vessel, stateroom, port of call, schedule, tour, excursion or duration of voyage at any time and for any reason whatsoever without prior notice (including reducing or extending days of voyage or continuing or finishing a voyage via other means of transportation) and shall not be liable for any claim whatsoever by Passenger for such change, including, but not limited to, loss, compensation, or refund, except Passenger shall be entitled to (i) a pro rata refund, calculated on a per day basis, of fare actually paid less applicable fees and charges, if a Cruise is cancelled or terminates early, and (ii) a refund of deposit actually paid to ACL for a tour or excursion, if that tour or excursion is cancelled.
Shoreside or afloat tours or other services (collectively “Tours”) arranged by ACL are made solely for Passenger’s convenience and are at Passenger’s risk. The providers of Tours are independent contractors and are not agents or representatives of ACL. In no event shall ACL be liable for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to Passenger arising out of or related to Tours, or by any airline, hotel, motel, ground carrier or any other provider of services, where utilized and/or offered incidentally to or in conjunction with carriage of Passenger aboard a Vessel.
Passenger agrees and hereby grants to ACL the exclusive right to photograph, videotape, or otherwise record Passenger while aboard the Vessel, in port, or on Tours and include photographic, video and other visual portrayals of Passenger in any medium whatsoever for the purpose of advertising, publicity, trade or otherwise, without compensation to Passenger, and all rights, title and interest therein (including worldwide copyrights therein) shall be ACL’s sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger. Passenger agrees that he/she will not utilize any tape recording, video, or photograph(s) of him/herself, or any other passenger, crew, or third party aboard the Vessel, or depicting the Vessel, its design, equipment, or any part thereof whatsoever, for any commercial purpose or in any media broadcast, or for any other non-private use, without the express prior written consent of ACL.
Passenger acknowledges ACL is not a medical provider; ACL does not maintain a physician or infirmary on the Vessel; and the Vessel is equipped to provide only basic medical care for first aid to an injured or ill passenger until he/she can be evacuated from the Vessel to a shoreside medical facility, for which availability or evacuation may be limited or delayed due to the nature of sea travel and limitations of ports of call. Any medical services received by Passenger on or off the Vessel are at Passenger’s sole risk. Any medical personnel attending to Passenger on or off the Vessel, if arranged by ACL, are provided solely for Passenger’s convenience and shall not be deemed acting under ACL’s control or supervision. ACL shall have no responsibility for medical care provided ashore or its cost.
It is agreed by and between Passenger and ACL that all disputes, claims, suits, and matters whatsoever arising under or relating to this Contract or Passenger’s Cruise, including travel to, from, and on the Vessel and any and all Tours or excursions ashore (each a “Claim”), shall be litigated, if at all, by Passenger individually and not as a member of any class, even if applicable law provides otherwise, in and before the United States District Court for the District of Connecticut, or as to Claims for which federal courts of the United States lack subject matter jurisdiction, before a court located in New Haven County, Connecticut, U.S.A., to the exclusion of the courts of any other district, county, state or country. ACL and Passenger IRREVOCABLY WAIVE TRIAL BY JURY in any such suit or proceeding. This Contract and any Claim shall be governed by federal maritime law. Passenger hereby consents to jurisdiction and waives any objection of venue or inconvenient forum he/she may have to any such suit or proceeding being brought in the applicable court located in Connecticut.
No lawsuit shall be filed or maintained against ACL for personal injury, illness, or death or for any other Claim unless (i) written notice of such Claim, with full particulars, is delivered to ACL’s principal office within six (6) months from the date of the event giving rise to the Claim, and (ii) a lawsuit as to such Claim is filed within one (1) calendar year after the date of the event giving rise to the Claim, and (iii) process for such lawsuit is served upon ACL within 120 days after such lawsuit is filed. If a Claim is for personal injury and claimant is a minor or mental incompetent, or if a Claim is for wrongful death, the foregoing deadlines for a Claim may be tolled until: the date a legal representative is appointed for the minor, incompetent, or decedent’s estate or three (3) years after the injury or death, whichever is earlier. Passenger expressly irrevocably WAIVES the benefits of all state or federal laws providing greater limitations periods for Passenger’s right to sue. Passenger hereby irrevocably agrees that the posting of a letter of undertaking from any of ACL’s insurers shall constitute adequate and appropriate form of security for the immediate release of the Vessel in any in rem proceeding against a Vessel.
ACL shall have no liability whatsoever to Passenger for damages for emotional, mental, or psychological distress or injury of any kind when such damages were not (i) the result of physical injury or actual risk of physical injury to Passenger or (ii) intentionally inflicted by ACL. ACL shall not be liable for, and Passenger solely assumes the risk of, injury, death, illness, damage, delay, breach, or other loss to person or property, or any other claim whatsoever by Passenger caused by act of God, war, terrorism, civil commotion, labor trouble, government interference, perils of the sea, fire, thefts or any other cause beyond ACL’s reasonable control, or any act not shown to be caused by ACL’s sole negligence. Passenger WAIVES all claims for consequential or punitive damages.