moved / certificate bookings (charter):
A private charter or future travel certificate re-accommodated to a new sailing date is a one-time only move and remains non-refundable. Cancellation of your re-booked charter will result in the loss of any reservation payments on file at time of re-accommodation.
Hotel Packages & Land Extensions
A minimum of 50% nonrefundable deposit is required at the time of booking. Final payment is due 90 days prior to stay/beginning of extension. After final payment, cancellations for any reason are subject to a penalty. Penalties vary depending on package. Cancellations at 30 days or less are nonrefundable (60 days for Denali & Talkeetna Wilderness Rail Adventure, and 90 days for Machu Picchu).
Included in your fare:
- Group transfers and baggage handling between airport/vessel on embark/disembark day
- Entry fees to national parks/preserves
- From-the-vessel adventure activities and equipment
- Exclusive activities and shore visits
- All meals aboard the vessel
- Premium wine, beer and liquor (excludes super-premium wines)
- Non-alcoholic beverages
- Wellness amenities
- Onboard expedition/heritage guides and guest experts
- Refer to your final guest documents for any additional inclusions specific to your itinerary and vessel
Not included in your fare:
- Airfare to and from your home city
- Discretionary gratuities to vessel’s crew
- Travel protection
- Optional excursions and land tours
- Port taxes/fees (except La Pinta)
All travel details and information are e-documents and sent by email approximately 45 days prior to your departure. Reservations must be paid in full and all required Guest Information Forms must be received for this to happen. We ask that you submit all required Guest Information Forms no later than 60 days prior to your departure. Late receipt of Guest Information Forms and Final Payment will delay your travel details.
Tour Omissions by Traveler
No refund is made for any tour or activity, transfer, meal or accommodation which is voluntarily omitted by the traveler or is due to airline delays or other acts beyond the control of the Carrier.
InnerSea Discoveries Alaska, Inc. (dba UnCruise Adventures dba American Safari Cruises dba Innersea Discoveries) hereafter known as “the Carrier”:
A. With respect to the Carrier’s cruise in the Sea of Cortes, Galapagos Islands, or any other cruise that does not begin, end or call at a port in the United States, the Carrier shall be entitled to the benefit of all limitations, rights and immunities conferred by the Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974, as well as the Protocol to the Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1976 (“Athens Convention”).
B. Is responsible for loss or damage (other than normal wear and tear) to baggage only when under the direct control of our employees. Our liability will not exceed $200 per guest. At other times, including on air flights, transfers, or in hotels, baggage loss or damage is subject to those operators' policies. All luggage may be subject to security search prior to boarding.
Additional Costs En Route
Inclement weather and other conditions beyond the control of the Carrier may prevent or delay travel. If, as a result, the traveler must book additional hotel accommodations or transportation, all added costs are the responsibility of the traveler, not that of the Carrier. We will attempt to reschedule any of these arrangements subject to availability. If the Carrier cancels or omits a portion of the cruise-tour for reasons under its control, the traveler will receive a pro-rated refund for the portion of the cruise-tour canceled or omitted. The Carrier is not responsible for consequential damages due to schedule changes, whether or not the company's control.
Changes by the Carrier
The Carrier reserves the right to make changes in the published itineraries as necessary for the safety of the passengers and crew, to meet schedules, and for other reasons, and to substitute vessels of similar or superior quality to those featured in this web site. The Carrier reserves the right to change, modify, or cancel a scheduled departure (with notification). Due to the nature of our explorations, itineraries are guidelines and will change in order to maximize wildlife and natural encounters. Variations in itinerary and the order of days may occur. Itineraries presented can change due to weather or other conditions beyond the control of The Carrier/The Carrier. The Carrier reserves the right to make changes to itineraries, dates, pricing, and policies.
Policy on Children
Children 8 years & older are welcomed aboard all vessels, destinations, and departure dates with the exception of the Safari Quest. Children ages 13 and younger are welcome aboard Safari Quest on private yacht charters only. Exceptions for children 7 years & under may be allowed with special pre-approval. It is the responsibility of parents and guardians to supervise their children at all times. Contact our sales counselors or view our family travel page for more details on traveling with children.
Gratuities to recognize crew members' excellent service are a personal matter and are entirely at the discretion of the traveler. We recommend $250 per week per guest ($35/day per guest).
Smoking is allowed only in designated areas on outside aft decks. Smoking is not allowed inside the boats at any time.
Health and Disability Requirements
Guests must notify us in writing at the time of booking of any physical or mental illness, disability or other conditions for which special accommodations or the use of a wheelchair is necessary or contemplated. Also we must be notified of any medical treatment that may render the guest unfit for travel or constitute a risk or danger to the guest or anyone else on board. Guests needing any form of assistance and those who are physically disabled must be accompanied by someone who will take full responsibility for any needed assistance during the cruise and in the event of an emergency. We reserve the right to refuse passage to anyone who, in our sole opinion, may affect the health, safety or enjoyment of other guests. Guests requiring a wheelchair must provide their own collapsible wheelchair. Please be aware that some ports of call, shore excursions, docks, gangways and other ship requirements may preclude a wheelchair guest from leaving the vessel; this decision will be made by the captain and is binding. Additionally, there may be certain physical conditions, including raised doorway thresholds from 2 to 16 inches, stairways and narrow passageways within the boat that may limit or preclude the accessibility of wheelchair guests to some areas. Due to the limitations of vessel facilities, bookings cannot be accepted for women who will be 30 weeks or more pregnant at the conclusion of travel. Women in their third trimester (greater than 24 weeks, but less than 30 weeks) must submit a letter from their physician granting permission to travel by boat (and for air travel, if applicable).
Non-Discrimination Notification Under Title VI, Title IX
It is the policy of the Carrier not to discriminate on the basis of race, color, religion, gender, sexual orientation, age, disability, ancestry, national origin or veteran status in its educational programs, activities or employment as required by law.
We recommend that you consider purchasing a travel protection plan to help protect you and your trip investment against the unexpected. We recommend that you purchase a plan that provides coverage for Trip Cancellation, Trip Interruption, Trip Delay, Baggage Loss or Delay, Emergency Medical Expense and more. For more information, visit the Travel Protection page under the Booking tab on our main website.
If you have protection plan questions, please call Travelex Insurance Services at 844.204.0943 and reference Plan Number 352A-1219.
Should you wish to purchase the protection plan, please call our Sales Counselors for plan costs and further details on the plan.
The product descriptions provided here are only brief summaries and may be changed without notice. Benefits and rates may vary by state of residence. The full coverage terms and details, including limitations and exclusions, are contained in the insurance Policy. Travelex Insurance Services CA Agency License #0D10209. Travel Insurance is underwritten by, Berkshire Hathaway Specialty Insurance Company; NAIC #22276.
The Carrier takes photographs of various activities throughout each cruise that sometimes include guests. Some images will be used for promotional purposes. Guests who prefer that their image not be used can notify the Expedition Leader on board. Guests who give images to our onboard team are thereby giving the Carrier permission to use such images for promotional purposes.
Identification and Immigration
Most countries require that your passport be valid 6 months beyond your arrival into that country. It is your responsibility to verify entry requirements with your consulate/embassy/state department to ensure your passport and other travel documents meet the entry requirements for the country you are traveling to. Failure to do so could result in denial of entry into that country. People carrying a U.S. passport can find more information about the destination you are traveling to at the U.S. Department of State website.
For all cruises passing through Canadian waters or entering an international port, valid passport books for all passengers are required. U.S. passport cards are not valid for entry into other countries. You must have passports with you on board the vessel and provide us with your passport information prior to your departure. We are required to provide U.S. and international government agencies with this information weeks ahead of each departure.
Past felony convictions may disqualify individuals from entry into foreign countries. Guests are advised that a D.W.I. (Driving While Intoxicated) or D.U.I. (Driving Under the Influence) may be considered a felony in other countries, including Canada. It is the client’s sole responsibility to ensure the immigration eligibility of all traveling party members for any foreign countries included in this itinerary.
In addition, the U.S. Department of Homeland Security and U.S. Department of State recommend that U.S. travelers leaving the country research the entry documents required for their destination country prior to departure. The entrance requirements for specific countries can be found at travel.state.gov.
Innersea Discoveries (dba UnCruise Adventures) operates in Glacier Bay National Park as an authorized Concessioner of the National Park Service, Department of the Interior. We are an equal opportunity provider and employer, operating on the Tongass National Forest under special use permit from the USDA Forest Service.
The below terms apply to our cruises in Alaska, the Columbia & Snake Rivers, the Hawaiian Islands, Mexico’s Sea of Cortes, Latin America, and the Pacific Northwest.
Guests are advised to read these terms, which among other things, contain limitations of liability and time limits for claims & suits against Carrier. These terms and conditions affect your legal rights and are binding upon you.
In consideration of the sum of money stated on the passenger invoice ("Ticket"), Carrier agrees to accept the persons named on the Ticket as guests aboard the vessel named for the voyage described (the "Vessel"), subject to the terms and conditions stated in this Terms of Passage (“the Contract”).
The purchaser covenants and warrants that he or she is duly authorized by or on behalf of all the guests named on the Ticket to agree to all the terms of this Contract, and by accepting or using this Ticket he and they agree that the terms of this Contract shall be binding on them with the same force and effect as if each of them personally signed the Contract.
1. Definitions - When used herein:
(a) The term “Carrier” means Innersea Discoveries LLC dba UnCruise Adventures dba American Safari Cruises dba Innersea Discoveries, and the Vessel named on the Ticket, her owners, charterers, officers, crew members, and operators as well as any substituted or connecting vessel and all launches belonging to any of the vessels or owned or operated by any of the foregoing.
(b) The term “Guest” means the person or persons named on the Ticket, and/or any person traveling on the Vessel whether named or not and regardless of whether a fare is quoted or paid for the passage aboard the Vessel, including his/her heirs, successors in interest and personal representatives.
(c) The term “fare” means the cost of passage, excluding taxes, port fees, and surcharges.
(d) The term “surcharge” means a fee charged to a Guest as a result of an unanticipated cost that arises in connection with the voyage (for example, the cost of procedures that Carrier is required to put in place due to directives or guidelines of the State or States in which the Vessel is operating during the voyage pertaining to COVID 19 or other infectious diseases). No surcharge will be imposed later than ninety (90) days prior to the departure of the Vessel ("Departure").
2. Fare, Accommodations & Embarkation
(a) The fare, together with any taxes, port fees and surcharges, is to be paid in full ninety (90) days before the Departure of the Vessel, and, upon the sailing of the Vessel, shall be considered fully earned and shall not be returned in any event, except as hereinafter provided.
(b) If the Guest desires to cancel this Contract for any other reason, he or she may do so by giving written notice via letter or email at the offices of UnCruise Adventures, 3826 18th Avenue West, Seattle, WA 98119. If sent by email, the following address shall be used: email@example.com. Any refund due to Guest shall be subject to a cancellation fee as per the following schedule, based upon the date on which Carrier receives Guest's written notice of cancellation:
Days Prior to Departure Per Person Cancelation Fee:
120 days or more = 50% of initial deposit
119-91 days = 100% of deposit
90-46 days = 50% of gross fare
45 days or less = 100% of gross fare
(c) The Ticket is personal and cannot be assigned, hypothecated, or transferred to other persons than those named as Guests herein.
(d) Guest is not entitled to the occupancy of a cabin unless all berths therein are bought and paid for by him or a single occupancy rate is paid.
(e) At least 90 days prior to Departure, Carrier shall provide Guest with the COVID 19 protocol and policies that Guest will be required to follow in order to board the Vessel and participate in the voyage (COVID 19 Protocol). By entering into this Contract and use of this Ticket, Guest agrees to follow Carrier's COVID 19 Protocol. Guest specifically acknowledges that a COVID 19 surcharge may be added to the fare to cover the cost of procedures put in place by Carrier pursuant to directives and guidelines of the State or States in which the Vessel is operating during the voyage, which surcharge shall be paid in full ninety (90) days prior to Departure.
(f) The Carrier may cancel this Contract and decline to carry or disembark at any port called by the vessel any Guest who may be suffering from or who tests positive for COVID 19 or any other contagious or infectious disease, or who fails or refuses to follow Carrier's COVID 19 Protocol. Carrier shall not be liable for declining to carry or for disembarking said Guest, whose sole remedy shall be a future travel credit equal to the value of the fare paid, minus the COVID 19 surcharge.
(g) The Carrier may cancel the Contract and decline to carry or disembark at any tine any Guest, who engages in vulgar or improper conduct, refuses to obey this Contract or regulations, or endangers self, other guests or crew, or whose presence may, in Carrier’s sole opinion, be detrimental to the comfort, enjoyment, or safety of other guests, the Vessel, or her crew. Under no circumstances shall Guest bring aboard or possess on the Vessel any firearms, illegal drugs (including medical or recreational marijuana prohibited under U.S. federal law), or other illegal substances. Violation of this provision shall result in refusal to carry or disembarkation of Guest without refund of the fare paid by said Guest. The Carrier shall not be liable for declining to carry or disembarking a Guest who has violated this provision. If a Guest is excluded or deported by the immigration authorities at a port of landing, no claim shall be made against the Carrier. Guest is responsible, at his sole cost, for compliance with immigration, customs, health, and other such formalities.
(h) This Ticket is valid only for the sailing named in the Ticket; if no sailing date is indicated the fare indicated will be adjusted in accordance with fares in effect at the time that a definite sailing date is agreed upon and noted on this Ticket; if no sailing date is indicated, this Ticket shall become null and void two years from its date and no portion of the fare paid herein will be refunded.
(i) The Carrier shall not be liable for the refund of any fare if the Guest leaves the Vessel or the voyage for any reason whatsoever at any intermediate port, or fails to be present for re-embarkation in a timely manner.
3. Rights of Carrier
(a) The vessel shall have liberty to proceed without pilots, to tow or be towed, assist vessels, including those of the Carrier, in all situations, to put back or in to, call or stop at any port or place, on land or at sea, in or out of the route of the usual or advertised voyage, and to do so for any reasons which are sufficient in the judgment of the Carrier or the Captain (including that of offering or rendering assistance in an effort to preserve life or property, or attend to the health and safety of the passengers) and to deviate from the direct or customary or advertised course for any of the above reasons.
(b) Subject to Carrier's right to cancel or postpone the voyage as provided in Section 6 below, in the event the Vessel is delayed or prevented from sailing or proceeding in the ordinary course or from commencing, continuing or completing her voyage for any cause whatsoever, the Carrier’s liability to Guest shall be strictly limited to providing one of the two options set forth below, all at the Carrier’s option, and in no event will the Carrier be responsible for damages, consequential or otherwise, in respect to cancelled, interrupted, or extended cruises. The first option shall be to substitute another vessel either for the entire cruise or for the remaining portion. As to alternative arrangements, if the Guest is transferred to another vessel on which the quoted rate for the service is less than the rate for such service under this Contract, the Carrier will reimburse the difference, pro rata for the days involved, to the Guest. The second option shall be to maintain the Guest on board with regular services as if the vessel were normally at sea, or transfer the Guest ashore to a hotel or other suitable accommodations including meals and provide air transportation to the usual port of debarkation or the Guest’s origination point, the location to be at the Carrier’s option. If the Guest is returned to the usual port of debarkation or origination point prior to the normally scheduled time, the Carrier will reimburse the pro rata portion of the fare to the Guest for the time between the actual arrival at the debarkation port or origination point and the normally scheduled arrival.
(c) The responsibility of the Carrier under this Contract is limited to the period while the Guest or his baggage or property are on board the vessel or its tenders or on the premises of the Carrier. Booking on connecting routes is for the convenience of the Guest only, and no responsibility of any kind is assumed thereby by the Carrier, except to furnish the Guest with the connecting Carrier’s ticket or in default thereof by Carrier, to refund so much of the cost thereof as shall have been prepaid to Carrier.
(d) The Carrier reserves the option of omitting, altering and/or curtailing any shore excursions for any reason whatsoever without advance notice to Guest.
(e) In case of quarantine of the Vessel or its passengers, involving detention of the Guest, Guest must himself bear all risks and expenses thereby caused to him and will be charged for food and accommodations during the period of detention, payable day by day, if maintained on board the vessel, and for all other quarantine fees and expenses assessed or incurred on his account.
(f) Carrier does not undertake to provide a physician or other health-care on board the Vessel or otherwise. If in the opinion of Carrier, Guest is in need of medical assistance and is unable to request it, Guest consents to and accepts treatment by physician or medical personnel designated by Carrier. Any such medical treatment, and other treatment found through Carrier, shall be at Guest’s sole risk and expense, without liability or responsibility to or of Carrier for the same. Notwithstanding any other provision in this Contract, Carrier has no obligation to arrange for or provide medical advice or treatment for Guest, and Carrier shall have no liability to Guest for damages of any kind in the event Guest is exposed to or becomes ill due to an infectious disease on board the Vessel or during the voyage, provided that Carrier exercises reasonable care to follow the directives and guidelines provided by the State or States in which the Vessel is operating during the voyage in an effort to protect against the spread of infectious diseases.
4. Acknowledgement of inherent risks
There are certain unavoidable risks to Guest and Guest’s property associated with being aboard a vessel and on expedition travel. These include, but are not limited to, rough and unpredictable weather and seas; collisions of ships or other vehicles; illnesses caused by consumption of food and beverages; exposure to infectious diseases; slip and fall due to the motion of the sea or other causes; lack of access to medical services; civil unrest or terrorism; evacuation or quarantine of the vessel in an emergency; unpredictable behavior of animals in the wild; and breakdown of equipment. Guest understands and acknowledges that medical facilities are not available aboard the Vessel nor, in many cases, in the Vessel’s ports of call (if applicable), to deal with medical emergencies that may arise, and further understands that the pricing of this cruise is based upon the assumption of these risks by Guest. Guest represents that he or she has no medical, physical, psychological, or other conditions that preclude Guest from assuming such risk. Guest releases the Carrier and Vessel from any and all liability for loss or damage of any kind arising from personal injuries, illness or death, or loss of or damage to property, occurring during or as a result of the voyage, including on board ship, on land, on launches or other craft or in transit, or while boarding or disembarking the Vessel, except to the extent such loss or damage is a result of the negligence or fault of Carrier. Guest further agrees that if offered, he or she will participate in activities such as hiking, caving, snorkeling, scuba diving or kayaking only to the extent of Guest’s physical ability and qualification by experience. Guest agrees to assume all the risks of such activities, whether known or unknown, as well as all risks arising out of Guest’s personal medical condition prior to the voyage, whether or not disclosed to the Carrier.
5. Photo/Video Release and Assignment
During the course of the cruise, Carrier may produce photographic and video and/or audio-video recordings which may be made available to passengers and also may be used by Carrier in advertising and promoting its products. Guest consents to the making of photographic and video and audio-video recordings (“images”) including Guest’s appearance, words and voice, while Guest is engaged in the cruise, and grants to Carrier the irrevocable, perpetual, royalty-free right to use, re-use, publish and re-publish, and disseminate such images and any copies or derivative works from such images in any manner for promotional and other commercial purposes, in any medium and without restriction as to changes or alterations, or reproductions thereof in color or otherwise. Guest releases and assigns to Carrier any right or interest Guest may have in images including Guest’s appearance and/or voice taken by employees, agents or contractors of Carrier, and waives any rights of any kind in or over such images including rights of (A) compensation, (B) publicity, privacy or copyright, or (C) review, inspection or approval.
6. Limitations of Carrier’s Liability
(a) Carrier and Vessel are not responsible or liable to Guest in any way, and shall not be subject to suit, for injury, death, illness, breach of contract, cancellation or delay of the voyage, or loss, damage or delay of Guest’s property, or any other damage or loss caused by or arising from events and/or conditions outside of Carrier’s reasonable control and not shown to be caused by Carrier’s willful fault or failure to make all reasonable efforts to avoid, minimize or prevent the effect of such events and/or conditions. Events and conditions outside of Carrier’s reasonable control include, but are not limited to, acts of God, lockouts, fire, epidemic or pandemic, defect or unseaworthiness in machinery, hull or equipment, errors in navigation of this or any other vessel, acts of State, restraint or requisition, theft, perils of the sea, seizure of vessel under legal process, collision or stranding, barratry, act of public enemy, piracy, inherent defect, quality or vice of the Guest’s property, labor unrest, strikes, riots, explosions, inability to secure or failure of supplies, or civil disturbances of any nature. No warranty or undertaking is given or implied respecting the fitness or condition of the Vessel, its appurtenances, appliances, and fixtures, other goods or items on board the Vessel, or with respect to the accommodations, service or food. ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WARRANTIES OF FITNESS AND MERCHANTABILITY.
(b) Guest acknowledges this Contract is being executed during an epidemic/pandemic of COVID 19, the effects of which may impact or hinder Carrier's ability to perform the cruise pursuant to the terms of the Contract. Guest further acknowledges that the COVID 19 pandemic is a condition outside of Carrier's reasonable control. In the event that Carrier determines that as a result of COVID 19 the cruise needs to be rescheduled or cancelled, Carrier will endeavor to notify Guest as soon as reasonably possible.
(c) Nothing herein shall be construed as depriving Carrier of the benefit of any statute providing for limitation of or exoneration from liability. In no event shall Carrier be liable to Guest for infliction of emotional distress, mental suffering or psychological injury, whether or not involving Carrier’s negligence or willful fault, unless (1) intentionally inflicted by a crewmember or the owner, master, manager, agent, or operator, (2) the result of physical injury to Guest caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator, or (3) the result of Guest having been at actual risk of physical injury, and the risk was caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator. Under no circumstances shall Carrier be liable to Guest for consequential, incidental, indirect, or punitive damages.
(d) With respect to Carrier’s cruise in the Sea of Cortez, or any other cruise that does not begin, end or call at a port in the United States, Carrier shall be entitled to the benefit of all limitations, rights and immunities conferred by the Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974, as well as the Protocol to the Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1976 (“Athens Convention”). The Athens Convention limits Carrier’s liability for death or personal injury of a passenger to no more than 46,666 Special Drawing Rights (approximately U.S. $70,000, which fluctuates daily), and also limits Carrier’s liability for damage to luggage and makes special provision for valuables. On all other cruises, all the exemptions from and limitations of liability provided in or authorized by the laws of the United States shall apply, including Title 46 of the United States Code, sections 30501 through 30509 and 30511.
(e) Rule if Limitations on Carrier’s Liability Set Out Above are Held not to Apply. If any claim is brought against the Carrier in any place where the applicable limitations and exemptions incorporated in this contract, or by the law of the United States, or in the Athens Convention are legally unenforceable, then the Carrier shall not be liable for death, injury, illness, damage, delay or other loss or detriment to person or property arising out of any cause of whatsoever nature not shown to have been caused by the Carrier’s negligence or fault.
(f) Guest assumes the risk of injury, death, illness or other loss in connection with the use of athletic or recreational facilities, equipment or supplies on board the vessel, and Carrier shall not be responsible or liable for any such loss or damage.
7. No Liability for Independent Contractors
The Guest may be afforded the opportunity to contract with third parties acting as independent parties for the provision of shipboard personal services and of shore excursions. These third parties are expressly acknowledged independent contractors for whose acts or omissions the Carrier neither assumes liability nor shall be held liable. For example, tour operators, hotels, restaurants, helicopter operators, amusement park operators, dayboat operators and motorcoach operators are not under the control of Carrier, and Carrier shall have no responsibility or obligation other than as agent for Guest in engaging or contracting for the provision of such services, subject to the terms of those who actually undertake performance of the service, and whether or not the cost thereof is included in the fare for the cruise. Carrier does not assume any liability for services provided on board or ashore by any medical personnel, hairdresser, massage therapist, or any other person customarily providing personal service for a fee. Should Carrier arrange emergency medical care or transportation on a Guest’s behalf, such is arranged solely for the convenience of Guest, and any such person or entity shall not be considered in any respect as the employee or agent of Carrier, but as an independent contractor, and Carrier shall not be liable for any act or omission of such persons or entities. The cost or charge for any service provided by any such independent contractor for or on behalf of Guest shall be the sole responsibility of the Guest.
8. Regulations & Limitations of Carrier’s Liability with Respect to Baggage & Personal Property
(a) The term “baggage” as used herein means only trunks, suitcases, handbags, valises, satchels or bundles, backpacks and the like, containing wearing apparel and personal effects, that Guest has checked with Carrier.
(b) Limitations of Shipments and Liability. The Carrier does not undertake to carry as baggage any merchandise, samples, furniture, household goods, tools of trade, property of others than the Guest, pictures, perishable goods, glassware, money, documents, valuables, or any of the articles listed in Title 46 United States Code, Section 181. Such articles must be shipped as commercial cargo under bills of lading. Except for personal effects for the voyage, Guest hereby warrants that no such articles are or will be contained in any receptacle or container presented by him as baggage hereunder, and if any such articles are shipped by Guest as baggage in breach of this warranty, Carrier shall have no liability as carrier or bailee or in any other capacity either for negligence or otherwise.
(c) Marking of Baggage. Guest shall mark each piece of baggage with full name and address, together with the name of the Vessel, the cabin number, and the destination, and Carrier shall not be liable for loss, damage, or delay resulting from Guest’s failure to mark baggage plainly as directed.
(d) Hazardous Items. Guest is especially warned not to place in their baggage or otherwise bring on board the Vessel firearms, pepper spray, bear spray, flammable matter of any kind, such as fireworks, flare guns, matches, gunpowder, cartridges, etc., or any hazardous matters or items, or any illegal items. Such articles may be confiscated or destroyed by Carrier at any time without liability. Should loss, damage or delay to the Vessel, or to any of the guests, the crew or other persons on board, be caused by dangerous articles brought on board by Guest, such Guest shall be liable for the full amount of all resulting damages.
(e) Forbidden Items. Guest may not bring on board articles, the importation or exportation of which may be forbidden, or which do not conform to the customs or police regulations and laws of any country to which the Vessel may go in the course of her voyage or from which the Vessel sails. A Guest violating this rule will be held liable for all fines, loss, damage or delay resulting therefrom.
(f) Prohibition of Illegal Substances under Federal Law. Guests are reminded that the Vessel is subject to federal jurisdiction and regulated by the U.S. Coast Guard. As such, any controlled substance for which possession is illegal under federal law without a valid prescription, or for which Guest does not have a valid prescription (“Illegal Substances”), are expressly prohibited aboard the Vessel and subject to seizure. This prohibition extends to marijuana, marijuana extracts and marijuana-infused products whether or not allowed or licensed for medical or recreational use under state law and whether or not the use of such products has been recommended, referred to or prescribed to such Guest. Guest shall be liable for all costs incurred by Carrier, including fines, damages or delay costs, resulting from Guest’s possession of Illegal Substances onboard the Vessel.
(g) Limitations of Carrier’s Liability. The Carrier assumes no liability or responsibility for any loss or damage to baggage, except to the extent otherwise required by law. The Carrier’s liability, if any (and whether or not excess baggage is carried and paid for), in respect of baggage, shall not exceed two hundred dollars ($200.00 U.S.) per suitcase or other item and not more than five hundred dollars ($500.00 U.S.) per Guest in the event of loss, damage or delay to any of Guest’s baggage or other property taken on the voyage.
(h) Insurance by Guest. Ordinary baggage, excess weight baggage, higher value baggage, and valuables, may be insured by the Guest directly through his insurance broker, travel agent, or otherwise.
(i) Safe Deposit. A reasonable amount of space in a deposit box or safe on board, if the vessel is so equipped, will be allowed each Guest upon request, but, in consideration of the Carrier’s furnishing such deposit box or safe without extra cost to Guest and in as much as no charge is made, it is mutually agreed that the Carrier’s liability, if any, for loss of, or damage to, any goods deposited shall not be increased by reason of the deposit being made.
(j) Unchecked Baggage. The Carrier does not assume any responsibility for unchecked baggage, nor for any articles which the Guest retains under his personal control, in his cabin or elsewhere.
(k) General Average Baggage/hand baggage/other property of the Guest shall not contribute in general average (a basis for sharing the cost in the case of certain losses).
9. Time Limitations; Notice of Claims and Time to Sue
Carrier shall not be liable for any claim for personal injury or death unless such claim is made in writing and lodged with the Carrier in care of Innersea Discoveries LLC, 3826 18th Avenue West, Seattle, WA 98119, within six (6) months after the date of injury or death, and the failure to make and lodge such claim as provided above shall bar all suits, actions and claims no matter by whom instituted or made. Lawsuits and actions to recover for personal injury or death shall be barred unless commenced within one year of the date of injury or death, and unless valid service on Carrier is made within one hundred and twenty (120) days after commencement of suit. For all other claims, including, without limitation, claims for loss or damage to baggage or personal property, breach of contract, or any other claim, the Carrier shall not be liable unless such claim is made in writing and lodged with the Carrier as provided herein, within thirty (30) days after the conclusion of the cruise, a lawsuit for such claim is commenced within six months after conclusion of the cruise, and valid service on Carrier is made within thirty days after commencement of suit. The requirements of this clause can be waived only by express written agreement of a director of the Carrier having authority to do so. The foregoing limitations shall be applicable both to suits brought in personam against the Carrier or in rem against the Vessel, and shall include, but not be limited to, claims based upon contract, tort, statutory, constitutional, or other rights relating to or in any way arising out of or connected with this Contract or the cruise, regardless of how the claim is described or pled. Claims shall be deemed to have arisen by no later than the end of the cruise in question. In the case of claims by a mentally incompetent person or a minor, or for wrongful death, the time periods described above shall begin to run on the earlier of (1) the date a legal representative is appointed for such incompetent, minor or decedent’s estate, or three (3) years after the injury or death.
10. Forum Selection and Choice of Law
(a) All disputes and causes of action arising out of or related in any way to this Contract or the carriage by Carrier of the Guest (and his baggage) on the Vessel shall be filed in the United States District Court for the Western District of Washington at Seattle, or, if the federal court lacks subject matter jurisdiction, in the courts of King County, Washington. Guest consents to the exclusive jurisdiction of the aforementioned courts, and waives any defense of improper venue or lack of personal jurisdiction. This paragraph shall in no way restrict Carrier’s right to remove to Federal court any action filed by Guest in State court.
(b) This contract shall be governed by the federal maritime law of the United States and, to the extent the foregoing is silent or not applicable, by the laws of the State of Washington. The foregoing shall not bar Carrier from availing itself of treaties and other applicable laws limiting its liability.
11. General Provisions
(a) All limitations, exceptions and conditions herein contained as to the liability of the Carrier shall also apply to the liability, if any, of its agents, vessels, tenders, directors, employees or other representatives or charterers of the Vessel, and also to the liability, if any, of owners, agents, employees and other representatives of any substituted vessel.
(b) In the event of any illegality or invalidity of any paragraph, clause or provision, such paragraph, clause or provision shall be deemed reformed to the extent necessary to render it enforceable, so long as consistent with the basic purpose of the paragraph, clause or provision. If not so reformable, such paragraph, clause or provision shall be struck from this Contract without affecting or invalidating any other paragraph, clause, or provision hereof.
(c) Any expense howsoever arising, not covered by the fare, which is reasonably incurred by the Carrier on board or at any port for or on behalf of the Guest for (but not limited to) medical, hospital, surgical, dental or similar treatment, hotel, transportation, repatriation or funeral expenses shall be reimbursed to the Carrier by the Guest or by his or her estate on demand.
(d) The terms and conditions of this Contract represent the entire agreement between Guest and Carrier. This Contract may be amended only by a writing signed by Guest and Carrier, and no representations or conditions contained in Carrier’s advertisements, brochures or other materials, or made by any of Carrier’s agents or employees shall in any way modify this agreement between Guest and Carrier.
TERMS OF PASSAGE GALAPAGOS
For Galapagos bookings, click here for those Terms of Passage.