You are required to thoroughly read these terms and conditions, which among other things, contain limitations of liability and time limits for claims & suits against Organization. These terms and conditions constitute an agreement between Organization and yourself, affect your legal rights, and are binding upon you.
In consideration of your payment of cruise fare, Organization agrees to accept you aboard the vessel named for the voyage for which you have registered with Organization, subject to the terms and conditions stated herein:
DEPOSIT & FINAL PAYMENT
Deposits must be received within three business days of your reservation. Reservations are not confirmed until a deposit is received. The deposit is non-refundable.
Final payment is due 120 days prior to your departure from your home city or in full at the time reservations are confirmed if less than 120 days prior. If final payment is not received in time, your space may be released; rebooking will then be subject to final availability. Deposits and final payments may be made by check, credit card, wire transfer or money order.
LATE RESERVATIONS
Organization welcomes late bookings (made 120 days or less before departure), however they do require special services, which may require additional fees. Full payment is required for late booking before reservations can be confirmed. Wire transfers, checks, credit cards or cashier’s checks are accepted for late bookings.
CANCELLATION POLICY
Guests who cancel their cruise for any reason, including medical or family reasons, are subject to the following cancellation policy. Please refer to the Travel Insurance section, below, for details on cancellation penalty protection. Deposit is non-refundable and nontransferable. No refunds of payments are made for cancellations made within 120 days of departure.
INCLUDED IN YOUR FARE
Seven nights on-board exclusive five star private Yacht accommodations (double- or triple- occupancy cabins)
Daily educational programs: Speaker’s lectures, group yoga, meditation, movement and one-on-one transformational sessions
All high vibrational meals and non-alcoholic beverages, smoothies and longevity elixirs
All from-the-boat activities – guided tours and visits to megaliths in Croatia
On-board access to sun deck jacuzzi, sauna, gym, piano lounge/bar, wi-fi computer corner, use of amethyst crystal infrared Biomat
On board Naturopath Doctor
NOT INCLUDED IN YOUR FARE
Airfare to and from your home city
Transportation and and baggage handling between airport/vessel on embark/disembark days
Accommodations pre- and post crusie
Travel insurance
Spa services
Alcoholic beverages
Gratitude for vessel staff and tour guides optional
ARRIVAL AT VESSEL
You should arrive at the vessel at least one hour before the hour fixed for sailing.
TRAVEL DOCUMENTS
All travel final 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 Passenger Information Forms must be received for this to happen. We ask that you submit all required Passenger Information Forms no later than 60 days prior to your departure. Late receipt of Passenger Information Forms and Final Payment will delay your travel details.
GRATUITIES
Gratuities to recognize crew members’ excellent service are a personal matter and are entirely at the discretion of the passenger.
SMOKING
Smoking is not allowed inside the ship at any time.
TRAVEL INSURANCE
You are required to purchase a travel protection plan that provides standardized coverage for potential incidents such as trip cancellation, trip interruption, trip delay, baggage loss or delay, emergency medical expense and more. Travel insurance should be purchased no later than 120 days before departure.
PASSPORTS
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 travelling to. Failure to do so could result in denial of entry into that country.
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.
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.
LEGAL
Photo/Video Release and Assignment. During the course of the cruise, Organization may produce photographic and video and/or audio-video recordings which may be made available to passengers and also may be used by Organization in advertising and promoting its products. You consent to the making of photographic and video and audio-video recordings (“images”) including your appearance, words and voice, while you are engaged in the cruise, and grants to Organization 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. You release and assign to Organization any right or interest you may have in images including your appearance and/or voice taken by employees, agents or contractors of Organization, 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.
YOUR ACKNOWLEDGEMENT OF INHERENT RISKS.
There are certain unavoidable risks to you and your 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; slip and fall due to the motion of the sea or other causes; lack of access to medical services; civil unrest or terrorism; evacuation of the vessel in an emergency; unpredictable behavior of animals in the wild; and breakdown of equipment.
You understand and acknowledge that medical facilities are not available aboard ship nor, in many cases, in the vessel’s ports of call, 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 you. You represent that you have no medical, physical or other conditions that preclude you from assuming such risk. You release the Organization and vessel from any liability for 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, except where such loss is a result of the negligence or fault of Organization. You further agree that you will participate in activities such as hiking, caving, snorkeling, scuba diving or kayaking only to the extent of your physical ability and qualification by experience.
You agree to assume all the risks of such activities, whether known or unknown, as well as all risks arising out of your personal medical condition prior to the voyage, whether or not disclosed to the Organization. Organization does not undertake to provide a physician or other health-care on board vessels or otherwise. If in the opinion of Organization , you are in need of medical assistance and is unable to request it, you consent to and accept treatment by physician or medical personnel designated by Organization. Any such treatment, and other treatment found through Organization, shall be at your sole risk and expense, without liability or responsibility to or of Organization for the same.
PASSENGER CONDUCT.
The Organization may cancel this agreement and decline to carry or disembark at any port called by the vessel any passenger who may be suffering from any contagious or infectious disease, who engages in vulgar or improper conduct, refuses to obey this agreement or regulations, or endangers self, other guests or crew, or whose presence may, in Organization’s sole opinion, be detrimental to the comfort, enjoyment or safety of other guests, the vessel, or her crew. Under no circumstances shall you bring aboard or possess on the vessel any illegal drugs or other illegal substances.
Violation of this provision shall result in refusal to carry or disembarkation of you. Organization shall not be liable for thus declining to carry or disembarking you, except that the unused portion of the fare received from you shall be returned, less the expense that Organization may be put to your account. If you are excluded or deported by the immigration authorities at a port of landing, no claim shall be made against Organization on that account. You are responsible, at your sole cost, for compliance with immigration, customs, health and other such formalities. Organization shall not be liable for the refund of any fare if you leave the vessel or the cruise for any reason whatsoever at any intermediate port, or fail to be present for re-embarkation in a timely manner.
Omissions by Passenger. No refund is made for any tour or activity, transfer, meal or accommodation which is voluntarily omitted by a passenger or is due to airline delays or other acts beyond the control of Organization.
Additional Costs En Route. Inclement weather and other conditions beyond the control of Organization may prevent or delay travel. If, as a result, you must book additional hotel accommodations or transportation, all added costs are your responsibility, not that of Organization. Organization is not responsible for consequential damages due to schedule or itinerary changes, whether or not within Organization’s control.
ITINERARY CHANGES CANCELLATION POLICY BY ORGANIZATION.
Due to the nature of our programs, itineraries and schedules are guidelines and are subject to variation and change. Organization reserves the right to make changes to itineraries, dates, pricing, and policies. Organization further 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 at the sole discretion of Organization. Organization reserves the right to change, modify, or cancel scheduled departure due to insufficient registration. Please refer to the Travel Insurance section for details on cancellation penalty protection. Organization reserves the option of omitting, altering and/or curtailing any shore excursions.
VESSEL DELAY OR INABILITY TO COMMENCE, CONTINUE, OR COMPLETE CRUISE.
In the event the vessel is delayed or prevented from sailing or proceeding in the ordinary course or from commencing, continuing or completing her cruise for any cause whatsoever, Organization’s liability to you shall be strictly limited to providing one of the two options set forth below, all at Organization’s option, and in no event will Organization be responsible for damages, consequential or otherwise, in respect to cancelled, interrupted or extended cruises.
(a) The first option shall be to substitute another vessel either for the entire cruise or for the remaining portion. As to alternative arrangements, if you are transferred to another vessel on which the quoted rate for the service is less than the rate for such service under this agreement, Organization will reimburse the difference, pro rata for the days involved, to you.
(b) The second option shall be to maintain you on board with regular services as if the vessel were normally at sea, or transfer you ashore to a hotel or other suitable accommodations including meals and provide air transportation to the usual port of debarkation or your origination point, the location to be at Organization’s option. If you are returned to the usual port of debarkation or origination point prior to the normally scheduled time, Organization will reimburse the pro rata portion of the fare to you for the time between the actual arrival at the debarkation port or origination point and the normally scheduled arrival.
General Limitations of Organization’s Liability.
Organization is not responsible or liable to you in any way for injury, death, illness, or delay of you, or loss, damage or delay of your property, or any other damage or loss caused by or arising from events outside of Organization’s reasonable control and not shown to be caused by Organization’s negligence or willful fault.
Events outside of Organization’s reasonable control include, but are not limited to, acts of God, lockouts, fire, 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 your 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) Nothing herein shall be construed as depriving Organization of the benefit of any statute providing for limitation of or exoneration from liability. In no event shall Organization be liable to you for infliction of emotional distress, mental suffering or psychological injury, whether or not involving Organization’s negligence or willful fault, unless (1) intentionally inflicted by Organization, its employees, volunteers, or agents, (2) the result of physical injury to you caused by the negligence or fault of Organization, its employees, volunteers, or agents, or (3) the result of you having been at actual risk of physical injury, and the risk was caused by the negligence or fault of a crew member or the owner, master, manager, agent, or operator.
Under no circumstances shall Organization be liable to you for consequential, incidental, indirect, or punitive damages.
(c) Organization 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 Organization’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 Organization’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.
(d) If any claim is brought against the Organization in any place where the applicable limitations and exemptions incorporated herein, or by the law of the United States, or in the Athens Convention are legally unenforceable, then Organization 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 Organization’s negligence or fault.
(e) You assume 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 Organization shall not be responsible or liable for any such loss or damage.
(f) You 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 Organization 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 Organization, and Organization shall have no responsibility or obligation other than as agent for you 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. Organization 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 Organization arrange emergency medical care or transportation on your behalf, such is arranged solely for your convenience, and any such person or entity shall not be considered in any respect as the employee or agent of Organization, but as an independent contractor, and Organization 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 your behalf shall be your sole responsibility.
(g) Any expense howsoever arising, not covered by the fare, which is reasonably incurred by Organization on board or at any port for or on your behalf for (but not limited to) medical, hospital, surgical, dental or similar treatment, hotel, transportation, repatriation or funeral expenses shall be reimbursed to Organization by your or by your estate on demand.
BAGGAGE & PERSONAL PROPERTY RULES AND ORGANIZATION’S LIMITATIONS OF LIABILITY
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 you have checked with Organization.
(b) You shall mark each piece of baggage with full name and address, together with the name of the ship, the cabin number, and the destination, and Organization shall not be liable for loss, damage, or delay resulting from your failure to mark baggage plainly as directed. Organization does not assume any responsibility for unchecked baggage, nor for any articles which you retain under your personal control, in your cabin or elsewhere.
(c) You shall not to place in their baggage or otherwise bring on board the vessel, firearms, bear spray, flammable matter of any kind, such as matches, gunpowder, cartridges, etc., or any hazardous matters or items, or any illegal items. Such articles may be confiscated or destroyed by Organization 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 you, you shall be liable for the full amount of all resulting damages.
Further, you shall 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. If you violate this rule, you will be held liable for all fines, loss, damage or delay resulting therefrom. All luggage may be subject to security search prior to boarding.
(d) Organization assumes no liability or responsibility for any loss or damage to baggage, except to the extent otherwise required by law. Organization’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 passenger in the event of loss, damage or delay to any of your baggage or other property taken on the voyage. Baggage/hand baggage/other property of yours shall not contribute in general average (a basis for sharing the cost in the case of certain losses).
(e) Ordinary baggage, excess weight baggage, higher value baggage, and valuables, may be insured by you directly through your insurance broker, travel agent, or otherwise.
(f) A reasonable amount of space in a deposit box or safe on board, if the vessel is so equipped, will be provied to you upon request and on a space-available basis, but, in consideration of the Organization’s furnishing such deposit box or safe without extra cost to you and in as much as no charge is made, it is mutually agreed that the Organization’s liability, if any, for loss of, or damage to, any goods deposited shall not be increased by reason of the deposit being made.
(g) Organization does not undertake to carry as baggage any merchandise, samples, furniture, household goods, tools of trade, property of others than yourself, 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, you hereby warrant that no such articles are or will be contained in any receptacle or container presented by you as baggage hereunder, and if any such articles are shipped by you as baggage in breach of this warranty, Organization shall have no liability as carrier or bailee or in any other capacity either for negligence or otherwise.
Time Limitations; Notice of Claims and Time to Sue. Organization shall not be liable for any claim for personal injury or death unless such claim is made in writing and lodged with the Organization in care of Organization at the mailing address posted on its website (https://heaventoearth.com/) within six 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 Organization is made within 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, Organization shall not be liable unless such claim is made in writing and lodged with Organization as provided herein, within 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 Organization is made within 30 days after commencement of suit.
The requirements of this clause can be waived only by express written agreement of a director of Organization having authority to do so. The foregoing limitations shall be applicable both to suits brought in personam against Organization 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 agreement 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 (a) the date a legal representative is appointed for such incompetent, minor or decedent’s estate, or (b) 3 years after the injury or death.
FORUM SELECTION AND CHOICE OF LAW
All disputes and causes of action arising out of or related in any way to this agreement or the carriage by Organization of you (and your baggage) on the vessel shall be filed in the United States District Court for the Central District of California, Western Division, or, if the federal court lacks subject matter jurisdiction, in the courts of Santa Barbara County, California.
You consent 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 Organization’s right to remove to Federal court any action filed by you in State court.
(b) This agreement 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 California. The foregoing shall not bar Organization from availing itself of treaties and other applicable laws limiting its liability.
