ADDENDUM TO CARRIER’S TERMS AND CONDITIONS OF CONTRACT OF CARRIAGE
In keeping with Federal, State and Local guidelines, Carrier has put in place measures aimed at preventing the introduction to and the spread of COVID-19 aboard the Ship; however, despite Our mitigating efforts, We cannot guarantee that You or Your travel companion will not be exposed to COVID-19 during Your travels.
Therefore, the following provisions are incorporated into and made part of Victory Operating Company, LLC’s Terms and Conditions of Contract of Carriage (“Ticket Contract”) and are effective for all Voyages unless stated otherwise. All capitalized terms used herein are as defined in the Ticket Contract.
1. CRUISE WITH CONFIDENCE PROTOCOLS
Prior to embarkation, ALL GUESTS MUST COMPLETE A CONFIDENTIAL HEALTH QUESTIONNAIRE and participate in any additional health screening procedures (including testing) as may be required by our then-current SAFECRUISE protocols. Participation in the above is considered part of the embarkation process. Any Guest who answers “yes” to any of the health questionnaire questions regarding symptoms of or exposure to COVID-19, tests positive for COVID-19, or otherwise fails to comply with then-current SAFECRUISE protocols may be denied embarkation. For Your peace of mind and to limit the likelihood of quarantining or being treated away from home, We strongly recommend that You and Your travel partner participate in COVID-19 testing within five days of the scheduled embarkation date.
In addition, Carrier will require COVID-19 vaccination of all Guests after the date on which vaccines are readily available to the general public in accordance with federal, state, and local guidelines and Guests will be required to present proof of vaccination prior to boarding the Ship. Please see our SAFECRUISE protocols for more information. Any Guest who does not vaccinate in advance may pose a direct threat to the health and safety of other Guests and crew. Accordingly, Guests who do not vaccinate or are unable to provide proof of vaccination may be denied embarkation.
Where We deny embarkation in accordance with this Section 1.a., We shall refund You the Cruise Fare or Cruise Tour fare paid by You, and We shall have no further liability to You whatsoever.
b. During the Cruise
EACH GUEST MUST WEAR A MASK (covering mouth and nose) when embarking the Ship, while aboard motorcoaches and, to the extent required by Federal, State, or Local guidelines, while aboard the Ship. Any Guest who refuses to Wear a mask in accordance with this Section is subject to disembarkation at any port at the sole discretion of the Master.
When You board the Ship, Your temperature may be taken and evaluated by onboard staff. Any Guest whose temperature registers 100.4º or higher may be denied boarding.
For the safety and wellbeing of everyone onboard the Ship, ALL GUESTS MUST REPORT DEVELOPMENT OF ANY COVID-19 SYMPTOMS IMMEDIATELY to Ship staff. Guests who report symptoms when boarding the Ship may be denied boarding at the sole discretion of the Master. Guests who report symptoms while aboard the Ship will be required to remain in their cabin and will be given the opportunity to consult with an onboard medical officer. Based on the advice of the onboard medical officer, or at the discretion of the Master, Guests reporting COVID-19 symptoms shall remain in their cabin and may be disembarked at any port.
Where We disembark or deny boarding in accordance with this Section 1.b., We will assist you with your arrangement of transportation to nearby medical facilities, hotel, or your home, however, You shall not be entitled to any refund of the Cruise fare or Cruise Tour fare or any compensation or reimbursement whatsoever. No Guest who is disembarked or denied boarding in accordance with this Section 1.b. will be permitted to re-join the Cruise.
2. GUESTS HEALTH INFORMATION
Pre-embarkation screening, temperature checks, and health consultations are an important part of Our on-board health monitoring program during Your Cruise. Resulting information may be considered Personally Identifiable Information (PII) under HIPAA. You expressly consent to Carrier gathering this information for the limited purposes of this addendum.
3. GUEST ASSUMPTION OF RISK
You acknowledge the contagious nature of COVID-19 and that, despite Carrier’s effort to mitigate such dangers, You may be exposed to or infected by COVID-19 during Your participation in the Cruise or Cruise Tour and that such exposure or infection may result in personal injury, illness, permanent disability, or death. You understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of yourself and others. You assume all of the foregoing risks and are solely responsible for any resulting injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, related to COVID-19, that You may experience or incur in connection with the Cruise or Cruise Tour, including any claims or expenses related to Your compliance with any federal, state, or local health orders in effect now or in the future (“Claims”).
4. GUEST WAIVER OF CARRIER’S LIABILITY
You and on behalf of your heirs, executors, administrators, successors and assigns, release, covenant not to sue, discharge, and hold harmless the Carrier, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. This release includes any Claims based on the actions, omissions, or negligence of the Carrier, its employees, agents, representatives, vendors, and independent contractors whether a COVID-19 infection occurs before, during, or after participation in the Cruise or Cruise Tour.
BY SENDING PAYMENT TO CARRIER, BOARDING THE SHIP, OR PARTICIPATING IN A CRUISE TOUR YOU AGREE TO BE BOUND BY THIS ADDENDUM. The terms of this Addendum do not supersede or waive any provisions of the Passenger Ticket Contract, but apply only to the protocols, assumption of risk and waiver of liability as described herein. The terms of this Addendum are subject to change at any time for any reason including, upon guidance from the Centers for Disease Control, state or local health officials. The unenforceability of any of the provisions of this Addendum will not affect the enforceability of any other provisions of this Addendum or the Passenger Ticket Contract.
VICTORY OPERATING COMPANY, LLC
222 Pearl Street, New Albany, IN 47150
Office: (901) 654-2600
Ticket Contract 07012021