Page 202 - Windstar2022-2023

GENER AL CRUISE TERMS & CONDITIONS continued

discretion to be necessary to reduce the risk of spread of COVID-19 and other (b) Availability of Medical Care, including Medical Evacuation, and Passenger’s
communicable diseases. Warranty of Fitness to Travel. Passenger acknowledges that due to the nature
of travel by sea and the ports visited, the availability of medical care onboard the
(b) Compliance with COVID-19 Policies and Procedures is Required. Ship and in ports of call may be limited or delayed and medical evacuation may
Notwithstanding any other provision contained herein or in Windstar Cruises’ not be possible from the Ship while at sea or from every location to which the
refund policies and procedures, any noncompliance by Passenger or members Ship sails. Passenger further understands that there may be circumstances
of Passenger’s travelling party with Windstar Cruises’ COVID-19 and other beyond Windstar Cruises’ control, which may prevent or delay a medical
communicable disease policies and procedures or this Contract shall be grounds evacuation or disembarkation. In addition to the specific representations required
for refusal to board, refusal to re-board after going ashore, quarantine onboard of Passenger regarding COVID-19 vaccinations, Passenger warrants that the
the Vessel, disembarkation, reporting to governmental or health authorities, Passenger, and those for whom the Passenger is responsible, are fit to travel
or other steps deemed necessary in Windstar Cruises’ sole discretion under at the time of embarkation.
the circumstances to protect the health and well-being of others. Under these
circumstances, Passenger shall not be entitled to a refund or compensation of (c) Medical Care and Personal Services. To the extent Passengers retain the
any kind. Passenger will be responsible for all related costs and fines, including services of medical personnel or independent contractors on or off the Ship,
without limitation travel expenses and for proper travel documentation for Passengers do so at their sole risk.
any port, or for departure from or arrival to Passenger’s country of residence.
Under no circumstances shall Windstar Cruises have any other liability for (d) Representation of Fitness to Travel. In addition to the specific representations
any compensation or other damages or expenses whatsoever incurred by any required of Guest regarding COVID-19 vaccinations, Passenger warrants that
Passenger as a result of such denial of boarding, refusal to re-board, quarantine, the Passenger, and those for whom the Passenger is responsible, are fit to travel
disembarkation, or other steps taken by Windstar Cruises. at the time of embarkation.
(e) Pregnancy. Passenger agrees not to present herself for boarding under any
(c) Passenger Health Screening Pre-Cruise. Passenger agrees that Windstar
Cruises may conduct pre-embarkation screening for COVID-19 and other circumstances if, by the time the Passenger commence her travel with Windstar
Cruises, she will have entered the 24th week of pregnancy.
communicable illness. Passengers should refer to Windstar Cruises’ website for
standards and updates on pre-embarkation screening protocols. If Windstar (f) Special Needs. Any Passenger with mobility, communication or other
Cruises determines in its sole discretion that Passenger is unfit to board because impairments, or other special or medical needs that may require medical care or
of COVID-19 or any communicable illness, Windstar Cruises may deny special accommodations during the cruise, including but not limited to the use
boarding to such Passenger. of any service animal, should be reported to Windstar Cruises by the Passenger
(d) Passenger Testing Positive for COVID-19 During Cruise. Passenger when a reservation is requested. Passenger agrees to accept responsibility and
understands and agrees that if, after boarding, and even if Passenger has fully reimburse Windstar Cruises for any loss, damage or expense whatsoever related
complied with all COVID-19 policies and procedures, Passenger tests positive to the presence of any service dog brought on board the Vessel. Passengers
for COVID-19 or exhibits signs or symptoms of COVID-19, Windstar Cruises with special needs are advised that certain international safety requirements,
may disembark, refuse re-boarding, or quarantine Passenger as well as members shipbuilding requirements, and/or applicable regulations may cause difficulty for
of Passenger’s travelling party, or take other steps which Windstar Cruises mobility impaired persons or persons with severely impaired sight and/or hearing.
determines, in its sole discretion, are necessary under the circumstances to Passengers requiring the use of a wheelchair must provide their own wheelchair
protect the health and well-being of others. Under no circumstances shall (that must be of a size and type that can be accommodated on the Ship), which
Windstar Cruises be liable to any such Passenger for any costs, damages should be confirmed at the time of the reservation. Passenger acknowledges that
or expenses whatsoever incurred by any Passenger. standard cabins are not designed to be barrier free and wheelchair accessible.
(g) Limitation of Liability for Denial of Boarding / Repatriation for Passenger
FITNESS TO TRAVEL; SPECIAL MEDICAL CARE:
(a) Consultation with Personal Physician. Passengers are encouraged to Noncompliance with this Contract. Windstar Cruises shall have the right to deny
discuss the advisability of travel with their personal physicians and to review boarding for violations of any of the pre-cruise policies set forth in this Contract.
the U.S. Centers for Disease Control and Prevention (“CDC”) website for If Windstar Cruises exercises its rights to deny boarding, Passenger shall have no
updated information. The CDC has identified elderly persons and persons claim against Windstar Cruises whatsoever, and Windstar Cruises shall have no
with certain chronic medical conditions as being at increased risk of life- liability for refund, compensation loss or damages of Passenger, including but
threatening complications from being infected with COVID-19. not limited to any expenses incurred by Passenger for accommodations
PASSENGER ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT or repatriation.
DURING TRAVEL TO AND FROM THE SHIP, WHILE ABOARD THE FARES, NON-DISCOUNTABLE AMOUNTS, TAXES, FEES, PORT
SHIP, OR DURING ACTIVITIES ASHORE, PASSENGER OR OTHER EXPENSES, AND SURCHARGES: Windstar Cruises reserves the right not
PASSENGERS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, to honor any published prices that it determines were erroneous due to printing,
INCLUDING BUT NOT LIMITED TO COVID-19 AND ITS VARIANTS, electronic, or clerical error. Each Cruise fare includes a Non-Discountable
INFLUENZA, COLDS, NOROVIRUS, AND POTENTIALLY DISEASES NOT Amount. That portion of the fare is both non-commissionable to travel
YET KNOWN. PASSENGER FURTHER UNDERSTANDS AND ACCEPTS professionals and not subject to reduction in the event of a percentage discount
THAT THE RISK OF EXPOSURE TO COMMUNICABLE ILLNESSES AND promotion, 2-for-1 promotion, or otherwise. If cost factors dictate the need for
OTHER DISEASES IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE fare increases, Windstar Cruises may do so at any time prior to departure.
INTERACT OR SHARE COMMON FACILITIES INCLUDE PERSON TO Guests can cancel (without paying a cancellation fee) rather than accept a
PERSON CONTACT, IS BEYOND WINDSTAR CRUISES’ CONTROL, fare increase. Suggested onboard gratuities are extra.
AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES.
PASSENGER KNOWINGLY AND VOLUNTARILY ACCEPTS THESE Taxes, Fees & Port Expenses, as used by us, may include, without limitation, all
RISKS AS PART OF THIS TICKET CONTRACT, INCLUDING THE RISK or a portion of all fees, charges, tolls, and taxes imposed on us by governmental
OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, or quasi-governmental authorities, as well as third party fees and charges arising
AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF from a vessel’s presence in a harbor or port. Taxes, Fees & Port Expenses may
ANY NATURE WHATSOEVER. include U.S. Customs fees, head taxes, Panama Canal or other canal tolls,
passenger facilities charges, dockage fees, wharfage fees, inspection fees,

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