Please read the following Terms and Conditions BEFORE you book your cabin on the Life Mod Cruise (“Cruise”). These Terms and Conditions are incorporated into and a considered a part of your Cruise reservation. By paying your payment, you fully and unconditionally agree to these Terms and Conditions as well as those of the MSC Passenger Contract. Your attention is especially directed to the section on Limitation of Liability, which contains important limitations on your rights to assert claims against MILA LLC, including its’ respective officers, directors, employees, agents and contractors, (“MILA LLC”), and others, including related entities, and each of their respective officers, directors, employees, agents and contractors, (“Related Parties”).
When in conflict, these Terms and Conditions supersede the MSC Passenger Contract Terms and Conditions.
Please note that the date you make your reservation will determine your total payments due at the time of booking.
• $350 per person Deposit is required in order to hold your reservation.
• Remaining balance is due no later than 5 pm August 10, 2009
• Reservations made after the final payment date of August 10, 2009, must be paid in full.
Partial deposits will be accepted until 5 pm EST on August 9, 2009. Reservations made on or after 5 pm EST August 10, 2009 will require full payment in order to confirm your reservation.
If full payment is not received your reservation is subject to cancellation penalties as outlined below. Deposit requirements of these Terms and Conditions supersede deposit requirements listed in the MSC Cruises Passenger Contract. Please note the payment provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by MSC Cruises or its affiliated entities, whether in the MSC Passenger Contract Terms and Conditions or elsewhere. All rights granted to passengers in the MSC Cruises Passenger Contract, relating to the payment or refund of Cruise fare and to cancellations by passengers shall not be operative. The "main guest" is defined as the guest who makes payment on/for the reservation. Any changes made to the reservation must be approved by the "main guest." This includes, but is not limited to, name changes and transfer of reservations, dining requests, and cabin location requests.
Prior to July 10, 2009
Full Refund less a $200 per person cancellation charge.
Prior to August 10, 2009
Refund of 50% (per person) of the total fare paid.
After August 10, 2009
Non-Refundable
The purchase of Travel Insurance is highly recommended. Transfer of a reservation is allowed. Please see below for Terms and Conditions relating to reservation transfers.
Please note the cancellation provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by MSC Cruises, whether in its Passenger Contract terms or elsewhere. All rights granted to passengers in the MSC Cruises Passenger Contract relating to the payment or refund of Cruise fare and to cancellations by passengers shall not be operative. Cancellation provisions of these Terms and Conditions supersede cancellations policy listed in the MSC Cruises Passenger Contract.
Once a payment is taken from an individual, any name changes or substitutions in that cabin will be assessed a name change fee. All changes must be communicated and handled directly by emailing info@lifemodcruise.com. The "main guest" is defined as the guest who makes payment on/for the reservation. The "main guest" must approve any changes made to the reservation.
Please read the following fee schedule carefully:
$25 fee per name change will be assessed for changes made prior to and up to 5 pm EST on Wednesday July 1, 2009.
$50 fee per name change will be assessed for changes made prior to and up to 5 pm EST on Thursday, August 9, 2009.
$100 fee per name change after 5 pm EST on August 10, 2008 and up to 8 pm EST on October 30, 2009.
No name changes will be allowed after October 30, 2009
Please note that a change of more than 50% of the guests listed on the reservation constitutes a transfer and is subject to the transfer terms and conditions.
If a reservation is transferred to a NEW guest the NEW traveler must make full payment. Once that payment has been made, then the applicable amounts paid by the ORIGINAL traveler will be refunded directly to the original traveler. A reservation is valid only for the person(s) names as guests and can not be transferred without the consent of MILA LLC and the "main guest". A $200 Transfer Fee will be charged to the reservation in order to complete the transfer. It is the responsibility of the original owner and the new owner to determine how the fee will be paid. A transfer is defined as a complete change of not only the main guest, but of all guests on the reservation
Government Taxes, Fees and Miscellaneous Charges are mandatory, and will be charged with the balance due on your cabin. These charges are in addition to the Cruise fare and may include, but are not limited to, passenger facility charges, security surcharges, fuel surcharges, international passenger departure or arrival tax, customs user fee, immigration fee and agricultural inspection fee. These taxes and fees are subject to increase prior to your departure date, in which case you will be invoiced for the balance prior to your boarding the ship. If you have questions regarding the gratuities or taxes, please refer to the PRICING page, or contact a Cruise Specialist at info@lifemodcruise.com.
In the event that MSC implements a fuel surcharge this amount will be added to the final payment amount.
You must arrive at the port departure check-in terminal in Port Everglades (Ft. Lauderdale, FL), with your luggage and all required travel documents, no later than 2 hours prior to the ship departure time on Tuesday, November 10, 2009.
U.S. citizens traveling abroad are responsible for bringing all required travel documents for boarding the ship in the country in which they will embark including a valid passport and any visas required for the Cruise itinerary. Please note that you are responsible for securing the necessary visas and immunizations.
For Caribbean cruises, U.S. citizens must bring proper identification in the form of U.S. PASSPORT AND WHTI COMPLIANT DOCUMENTS:
• U.S. Passport: U.S. citizens may present a valid U.S. passport when traveling via air, land or sea between the U.S. and the aforementioned Western Hemisphere countries.
• The Passport Card: Passport card applications are currently being accepted in anticipation of land border travel document requirements. Based on current projections, we expect the passport card to be in full production beginning in July 2008. We will provide additional updates as available. Once in production, the passport card it will only be valid for land and sea travel between the U.S. and Canada, Mexico, the Caribbean region, and Bermuda.
For up to date information please visit the US Department of State website at: http://travel.state.gov/travel/cbpmc/cbpmc_2223.html. In addition, MSC Cruises also strongly encourages its guests to visit the Department of Homeland Security web site (www.dhs.gov) and the United States Department of State web site (www.travel.state.gov) for the most up-to-date traveler information including passport and visa requirements as well as travel advisories and safety recommendations.
Alien residents and non-U.S. citizens should consult with their local consulates for proper identification requirements.
For more information or to obtain a passport application, visit www.travel.state.gov. Passport Services (www.passportservices.com) can also assist with step-by-step instructions and application assistance.
All guests must present the required documentation at embarkation. Guests without the required documentation will be denied boarding and no refund will be issued. Please understand that MSC Cruises will strictly enforce this requirement to be in compliance with this important U.S. Government mandate.
MILA LLC and the other Related Parties (as herein defined) assume no responsibility for advising you of immigration requirements. Non-U.S. citizens, including resident aliens, must contact the appropriate consulates, embassies and/or immigration office(s) to inquire about necessary documentation for the Cruise’s ports of call.
Your name, as listed on your travel documents, must exactly match your name as listed on your Cruise documents.
Adults who are not the parent or Legal Guardian of any minor child traveling with them are required to present the child's valid passport and visa (if required) or the child's birth certificate (original or certified copy) and an original notarized letter signed by at least one of the child's parents. The notarized letter from the child's parent must authorize the traveling adult to take the child on the specific Cruise and must authorize the traveling adult to supervise the child and permit any medical treatment that must be administered to the child. If a non-parent adult is a Legal Guardian, the adult must present a certified certificate of Guardianship with respect to the child.
All guests must ensure that they are medically and physically fit for travel. The Centers for Disease Control (CDC) and the World Health Organization (WHO) provide guidelines as to which vaccinations are required in each country. In many cases inoculations are recommended but in some circumstances they are required. We recommend that you check with your health care professional or a Travel Medicine Specialist certified by the WHO for guidance. Other informational resources can be accessed at the Center for Disease Control and Prevention's Traveler's Health website or toll free at 1-877-FYI-TRIP, and the World Health Organization website.
Your decision to accept a roommate for the Cruise is at your own risk. MILA LLC and the Related Parties are not responsible nor liable for any and all claims or cause of action arising out of or in connection with your selection of a roommate for the Cruise, including, without limitation, any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such request or selection.
You may not sell, promote, distribute or offer for sale any merchandise, goods, souvenirs or other products on the Cruise without first obtaining MILA LLC’s written approval. You may not permanently disembark the Cruise ship, or remove any merchandise from it, at any port in the United States, its districts, territories or possessions, other than at the port of final disembarkation (Ft. Lauderdale).
By booking the Cruise, you warrant that you, and those traveling with you, are physically fit to travel at the time of embarkation. Boarding will be denied to any person who will enter her third trimester (twenty-seventh week) of pregnancy by the time of the Cruise or during the Cruise and to infants under four months old. You must notify MILA LLC at the time of booking of any disability or other medical or physical condition that may require special assistance during the Cruise. Your failure to do so will release MILA LLC and the Related Parties from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. MILA LLC and MSC Cruises reserve the right to require that any passenger who is not self-sufficient travel with a companion who shall take responsibility for any assistance needed during the Cruise and in case of emergency.
You acknowledge that all shore excursions and tours, however conducted; airline flights and ground transportation; and any ship physician, nurse and on board concessions (including, without limitation, gift shops, spa, beauty salon, fitness center, golf and art programs, and video/snorkel concession) are operated by independent contractors. MILA LLC neither supervises nor controls their actions, nor makes any representation, whether express or implied, as to their suitability. These services are provided only as a convenience for you, and you are free to use or not use them. You agree that MILA LLC and each of the Related Parties assumes no responsibility, do 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. You use them at your own risk.
Transportation on the Cruise may be denied to any person who, in MILA LLC’s or MSC Cruises’s sole discretion: (1) is or becomes in such a condition as to be unfit to travel; (2) is dangerous or obnoxious to others; or (3) is inadmissible under the laws of any country of debarkation. In addition, MILA LLC and MSC Cruises reserve the right to refuse passage, disembark or confine to a stateroom any person whose physical or mental condition or behavior they consider, in their sole discretion, to constitute a risk to the person’s own well-being or that of any other person. MILA LLC and the Related Parties shall have no liability to any such person or any third party arising out of any such decision. Any costs resulting from MILA LLC’s and/or MSC Cruises’s decision, including, without limitation, costs of lodging and transportation, shall be the responsibility solely of the person.
You assume all risks associated with travel and transportation on the Cruise. While at sea or in port, the availability of medical care may be limited and/or delayed. You acknowledge that all or part of the Cruise may be in areas where medical care and/or evacuation may not be available. You agree to indemnify and reimburse MILA LLC and/or MSC Cruises in the event that either party, in its sole discretion, to advance to you the cost of emergency medical care, including medical evacuation and/or medical care provided ashore, as well as transportation and/or lodging in connection therewith. MILA LLC shall have no responsibility to advance any such costs.
You assume sole responsibility for your own safety in any port of call. MILA LLC and the other Related Parties do not guarantee your safety at any time. You may find information about the scheduled ports of call through the U.S. Department of State, Centers for Disease Control and Prevention and other governmental and tourist organizations. MILA LLC and the other Related Parties assume no responsibility for gathering and/or disseminating any such information.
MILA LLC and MSC Cruises have the right without previous notice to cancel the Cruise, before embarkation, at the port of embarkation or at any time during the Cruise. Thereupon, MILA LLC shall return to you, if the Cruise is completely canceled, your cabin fare, prepaid gratuities, cruise line transfers and related taxes and fees, or, if the Cruise is partially canceled, a proportionate part thereof. Under such circumstances, MILA LLC and the Related Parties shall have no further liability for damages or compensation of any kind. Please note that the availability of any refund for travel insurance and/or other travel products (airfare, hotel, car rental), even if purchased in conjunction with the Cruise, will be determined in accordance with the applicable cancellation policies for such other products or services.
By booking the Cruise, you (the passenger) agree to release and hold harmless MILA LLC and the Related Parties, from and against any claim or cause of action arising out of or in connection with your travel on and participation in the Cruise, including, but not limited to: (1) injury, death or delay of passengers, or loss, damage or delay of or to passengers’ baggage or other property, which may be caused, directly or indirectly, in whole or in part, from participation in the Cruise, including, without limitation, passenger’s use of or participation in any shore excursion, on board concession or athletic or recreational activity; (2) your request for or selection of a roommate for the Cruise; (3) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances ;(4) any change in scheduled Cruise events and/or celebrity appearances; or (5) MSC Cruises’ exercise of its contractual rights (see below). You further agree that the MILA LLC and the Related Parties shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by any of the MILA LLC or the Related Parties, nor for any intentional or negligent acts of any of MILA LLC or the Related Parties’ employees committed while off duty or outside the course and scope of their employment.
THE EXCLUSIONS OR LIMITATIONS OF LIABILITY OF THE MILA LLC AND THE RELATED PARTIES PARTIES SET FORTH IN THE PROVISIONS OF THIS CONTRACT SHALL ALSO APPLY TO AND BE FOR THE BENEFIT OF AGENTS, INDEPENDENT CONTRACTORS, CONCESSIONAIRES AND SUPPLIERS OF MILA LLC AND THE RELATED PARTIES, TOGETHER WITH THE EMPLOYEES AND SERVANTS OF EACH OF THE FOREGOING. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL MILA LLC THE RELATED PARTIES OR MSC CRUISES BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.
The MSC Cruises Passenger Contract constitutes your agreement with MSC Cruises. The MSC Cruises Passenger Contract provide that MSC Cruises may exercise its rights in a variety of matters, including, without limitation:
Its right to alter the ship’s course, ports of call, itinerary, activity and shore excursions, for any reason, to ensure the comfort and safety of the passengers and crew;
Its decision to comply with any order, recommendation or direction given by any government or other person or MILA LLC; and
Its decision to deny boarding to, confine to a stateroom or disembark any Cruise passenger. MILA LLC or the Related Parties shall not be liable to you or any third party for any claim or cause of action arising, directly or indirectly, in whole or in part, out of MSC Cruises exercise of any of its rights as provided in the MSC Cruises Passenger Contract Terms and Conditions. Without limiting the foregoing, the MILA LLC or the Related Parties shall not be liable to any Cruise passenger for a full or partial refund of any Cruise fare, or for any lodging or transportation expenses, as a result of MSC Cruises exercise of its contractual rights.
Except where prohibited by law, you (the passenger) expressly agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Cruise shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Miami, Florida, U.S.A. to the exclusion of the courts of any other state, territory or country; (2) you waive any venue or other objection that you may have to any such action or proceeding being brought in any court located in Miami, Florida; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Cruise, but in no event attorneys’ fees; and (4) you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
MSC Cruises reserves the right to substitute the Cruise vessel. Any consequences arising out of MSC Cruises’ exercise of this right shall be governed by the agreement between MSC Cruises and MILA LLC, and not by MSC Cruises’ agreement with you, the passenger. Furthermore, in the event of any conflict between the MSC Cruises Terms and these Terms and Conditions, these Terms and Conditions will prevail. In addition, MSC Cruises and/or MILA LLC may reassign cabins as determined necessary or desirable by the Vessel’s Safety Department or MILA LLC, in their sole discretion.
(c) 2009 Life Mod Cruise. The Life Mod Cruise name and logo are trademarks of the Cruise. Any other third party trademarks are the exclusive property of their respective owners.
The information contained on this page and in other pages and material relating to the Cruise, including any information regarding celebrity participation and programmed events, is subject to change at any time and without notice. The details shown are for informational purposes only. MILA LLC and the Related Parties are not responsible for any errors, changes and/or omissions resulting in pricing, inventory or content discrepancies.
MILA LLC has the exclusive right to include photographic, video and other visual portrayals of Passenger in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Passenger. All rights, title and interest therein (including all worldwide copyrights therein) shall be MILA LLC's sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger and Passenger hereby expressly releases MILA LLC and the Related Parties from and waives any rights to any claims in connection therewith.
Passenger acknowledges and confirms that any travel agent utilized by Passenger in connection with the issuance of this ticket is, for all purposes, Passenger's agent and MILA LLC and the Related Parties shall not be liable for any representation made by said travel agent. Passenger shall at all times remain liable to MILA LLC for the price of passage.
In addition to the restrictions and exemptions from liability provided in these Terms and Conditions, MILA LLC and the Related Parties shall have the full benefit of any applicable laws providing for limitation and exoneration from liability, and nothing in contained herein is intended to operate to limit or deprive MILA LLC and the Related Parties of any such statutory limitation of or exoneration from liability. Without limiting the foregoing, MILA LLC and the Related Parties claim benefit of all restrictions, exemptions and limitations of 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"), which limits the liability of the MILA LLC and the Related Parties for the death of or personal injury to a passenger to no more than the applicable amount of Special Drawing Rights as defined therein, and all other limits on damage or loss to personal property.
These Terms and Conditions and the terms accepted during the Cruise reservation process contain the entire agreement between MILA LLC and Passenger and supersedes any other agreements, written or oral, relating to the subject matter herein. Any waiver of any provision of must be made in writing and signed by an authorized representative of MILA LLC. If any portion of shall be determined to be invalid, then said portion shall be deemed severed from the Contract in such jurisdiction only and all remaining portions shall remain in full force and effect.
Passenger, or if a minor, his parent or guardian, shall be liable to MILA LLC and the Related Parties for any fines or penalties imposed on MILA LLC and the Related Parties Vessel or the Transport or Carrier by any authorities for his or her failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise.
RESPONSIBILITY AND LIMITATION OF LIABILITY; Liability by passengers for damage to or theft of luggage, personal property, delay, circumstances on board your Cruise ship or elsewhere is limited. In addition, your right to recover in a legal proceeding will be based upon the applicable law and forum stated in the MSC Passenger Contract. Independent concessionaires, which operate shops, photography, gaming, etc. MILA LLC, accept no responsibility whatsoever for the actions of these independent concessionaires arising from your dealing with them. You must contact and deal or interact with them directly.
It is understood and acknowledged that MILA LLC, do not operate the vessel controlled and owned by MSC Cruise Lines. In consideration of participating and attending the Cruise, you voluntarily assume all risks while onboard the vessel and release MILA LLC, from any and all liability, actions, causes of action, suits, injury or death, loss or damage of property, claims, attorney’s fees and demands whatsoever that may be sustained by you while onboard the vessel. This release shall be binding upon you, and your heirs, next of kin, executors and personal representatives.
Refunds are not made to passengers who elect not to complete the Cruise for any reason or cause whatsoever. Unforeseen illnesses and circumstances or other acts of God that occur to any persons (including featured Cruise Talent), may result in the inability for said individuals to complete a portion or the entire Cruise. If such extenuating circumstances occur, MILA LLC. shall not be held responsible.
Your decision to purchase and pay a deposit for the Cruise program constitutes your acknowledgment of and consent to all of the Terms and Conditions of the online brochure, including the limitations of liability described in it.
