Last Updated: August 7, 2023
MY EPIC CARNIVAL EXPERIENCE 2023 GUEST RESERVATION TERMS & CONDITIONS
This agreement sets forth the terms and conditions under which My Epic Carnival Experience 2023 (“MECE”) agreTes to provide a My Epic Carnival Experience on the Royal Caribbean Cruises Ltd. cruise ship (“EPIC”), in return for your payment of the amounts indicated in your reservation confirmation. Royal Caribbean Cruises Ltd. cruise liner, used for My Epic Carnival Experience 2023, may also be referred to as “Vessel” throughout.
By making your reservation and delivering payment for EPIC, you thereby agree to be bound by this My Epic Carnival Experience EPIC Guest Reservation Terms and Conditions (“Terms”) and acknowledge that you accept the Terms on behalf of yourself and all other persons traveling under your reservation.
These Terms contain important limitations on your rights which limit our liability, your right to sue are legally binding and separate from EPIC or Supplier Passage Contract Ticket issued.
MECE may amend the Terms at any time. Any amendments will become effective immediately once posted on our website. The “Last Updated” date above will tell you when the Terms were last revised. To the extent that these Terms differ from a prior version of the Terms which you previously agreed to, this version of the Terms supersedes and governs.
- MINIMUM AGE: YOU MUST BE AT LEAST 18 YEARS OF AGE to attend the EPIC.
- The passenger who places a reservation for a stateroom onboard the EPIC will be considered that stateroom’s “Primary” Guest and is the “owner” of the reservation. Additional Guests will be under the “Primary” Guest. Any changes up to and including cancelation and/or modification of the EPIC are the responsibility of the “Primary” Guest.
- NO REFUND/CANCELLATION POLICY:
3.1 ALL PURCHASES ARE FINAL AND NON-REFUNDABLE ONCE MADE. THERE ARE NO REFUNDS FOR CANCELLATIONS, REGARDLESS OF THE REASON AND ALL DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE! FOR THIS REASON, WE STRONGLY RECOMMEND THAT YOU PURCHASE TRAVEL INSURANCE.
3.2 As a courtesy, MECE offers Passengers within the same reservation the ability to split the cost between Passengers and additionally offers subsequent monthly payment plans depending on when the reservation was created. If a guest with an assigned payment responsibility within the reservation cancels, regardless of the reason, that guest will be responsible for covering his/her entire balance at the time of cancellation. If that guest refuses to pay their outstanding balance, it then falls on the Primary to pay for the entire balance, agree an amicable plan with the other remaining members of the cabin to cover the cancelled guest’s portion either in full or split the balance owed into the monthly payments for the remaining members of the group.
3.3 If you, or any of the Passengers within a reservation, find a replacement for the person cancelling their reservation, we can honor a name change subject to a US$200 – $300 name change fee, depending on when the request is made. Once the new guest is added, they can take over the payment responsibility from the previous guest and pick up where they left off, however, we will not refund any previously paid portions to any Passengers regardless of the reason.
3.4 As a Primary, if you are in a double occupancy room and your cabin mate cancels, they will be asked to pay their remaining balance or find a replacement at which time either party will cover the ‘name change fee’ of US$200 – $300. If a guest refuses to pay off their balance, or find a replacement, the responsibility falls on the Primary to find the replacement, pay the US$200 – $300 “name change fee,” or pay the double occupancy rate and remain in the room as a single occupant. Based on the Terms, Primaries cannot cancel out of the stateroom.
3.5 If you wish to cancel without a refund, all cancellation requests MUST be submitted in writing via email to firstname.lastname@example.org
- TRIP/TRAVEL INSURANCE:
4.1 It is strongly recommended that you purchase travel insurance and/or trip cancellation insurance. Many policies protect against financial loss due to non-refundable costs and fees due to unexpected cancellations and travel/medical emergencies. Each policy varies in scope, and it is your responsibility to pay close attention to the coverage offered.
- EPIC ITINERARIES
5.1 The itinerary for MY EPIC CARNIVAL EXPERIENCE 2023 (February 16-22, 2023) is posted on the website. It is highly recommended that you plan your incoming flight to arrive no later than noon on Wednesday, February 15, 2023. This will allow ample time for you to be checked in and onboard by 4:30pm, in time for our 5:00pm sail. We recommend outgoing flights home be scheduled in the late afternoon of the return to Barbados, as debarkation is scheduled to start approximately at 12:30pm. MECE must follow the Royal Caribbean Cruises Ltd. debarkation protocols; no exceptions. If you fail to plan your flights out appropriately, MECE and Royal Caribbean Cruises Ltd. will not be held responsible for any discrepancies in transportation arrangements made by EPIC guest(s).
5.2 RIGHT TO CHANGE ITINERARY: MY EPIC CARNIVAL EXPERIENCE 2023 and/or Royal Caribbean Cruises Ltd. reserve the right, at any time, to change the EPIC itinerary without notice and in their sole discretion. SUCH CHANGE SHALL NOT CONSTITUTE A CANCELLATION. In this case, MECE and/or Royal Caribbean Cruise Ltd. will NOT be responsible for any loss or expenses caused by reason of such changes or abandonment. Refunds will NOT be made to passengers who elect not to complete the EPIC for any reason or cause whatsoever.
- CABIN RATES, PORT TAXES, FEES, GRATUITIES & ADMIN FEES
6.1 Cabin rates INCLUDE stateroom accommodations, most meals (excluding Specialty Restaurants), Unlimited Beverage Experience, and all onboard/onshore MECE events, as stated at myepiccarnival.com.
6.2 Cabin rates DO NOT INCLUDE: meals at Specialty restaurants, Government Port Taxes, Fees, Gratuities and Admin fees; however, these fees are financeable and included in your monthly payment plans.
6.3 All Cabin Rates are listed as per person, based on double stateroom occupancy.
6.4 Cabin Rates are based on double occupancy. Any guest who travels alone in a cabin (‘single occupancy’ cabin) is still required to pay the double occupancy rate. No exceptions.
6.5 Cabin rates and availability are subject to change at any time, without notice.
6.6 Please note that inventory in the online cabin price grid may not denote real-time availability.
- SCHEDULE OF CHARGES AND FEES
Unlimited Beverage Experience Plan
Included in Cabin Rate pricing
Govt Port Taxes, Fees, Gratuities & Admin Fees
$150 per person
Name Change Fee
$200-$300 per change
Stateroom Change Fee
$200-$300 per change
Late Payment /Declined Credit Card Fee
$35 per each late/declined transaction
Chargeback Processing Fee
$100 per chargeback
- MONTHLY PAYMENT PLANS:
8.1 For passengers who are unable to pay for their EPIC in full, at the time of purchase, we offer, as a courtesy, a 5-installment or 3-installment payment plan that will divide your payment into monthly installments based on the date of which you book. You will receive a payment schedule which details the payment plan including the automatic monthly installments and the dates on which payments are due.
8.2 A non-refundable deposit (based on the number of Passengers in your stateroom) is due at the time of booking for each guest as follows:
Deposit Amount (per person)
Epic Royal Suite / Owner Suites / Grand Suites / Junior Suites / Ocean View Suite
$600 per person
Balcony (1B, 2B, 3B, 4B)
$500 per person
Ocean View / Interior (1V, 2V, 3V, 4V)
$300 per person
8.3 Remaining cabin balance will be split into equal monthly payments which will be debited on either the 15th of each month after your initial deposit is paid. If you choose the 5 installments/payment plan, the remaining cabin balance will be split into equal monthly payments which will be debited on the (15th) fifteenth day of each month after your initial deposit is paid with your final balance due no later than Jan, 15 2023. If you choose the 3 installments/payments, you will be debited on the 15th day of September, November and January.
8.4 Monthly payments will be automatically charged to your credit card on file, according to the payment schedule shared with you after successfully registering for EPIC. It is your sole responsibility to know your due dates for payments. Payment reminders will not be sent.
To change your credit card number on file, simply log into your MECE account and update your credit card information.
- CABIN UPGRADES / DOWNGRADES: Passengers may upgrade to higher cabin category at any time, subject to availability; will be charged an upgrade fee. Downgrades are not permitted.
- LATE PAYMENTS & DECLINED CREDIT CARD FEES: A late fee of $35.00 per person will be added to your reservation if your credit card on file is declined, or if your payment is not received, by your due dates listed on your invoice. If your reservation remains unpaid at any time, MECE reserves the right to cancel your reservation without refund.
11.1 In the event you feel an error has been made on your MECE financial statement, we kindly request that you contact MECE via email at email@example.com. We will do our best to work with you to resolve the issue. PLEASE DO NOT EXECUTE A CHARGEBACK. Active Passengers who enter false debit/credit card chargeback claims may be subject to cancellation of the entire reservation without refund which could affect your ability to sail on future My Epic Carnival Experience EPIC sailings.
11.2 YOU ACKNOWLEDGE AND AGREE THAT BY ACCEPTING THESE TERMS, THAT My Epic Carnival Experience EPIC IS NON-REFUNDABLE AND THAT YOU HAVE AUTHORIZED PAYMENTS TO BE TAKEN FROM YOUR CREDIT CARD UNTIL FULL PAYMENT IS RECEIVED IN RESPECT OF YOUR EPIC RESERVATION. YOU FURTHER AGREE THAT ANY PAYMENT ISSUES MUST BE RESOLVED DIRECTLY WITH MECE. CHARGEBACKS, DISPUTES, RETRIEVAL REQUESTS AND THE LIKE FILED DIRECTLY WITH THE BANK CONSTITUTE A BREACH OF CONTRACT PURSUANT TO THE NON-REFUNDABLE PAYMENT TERMS AND WILL BE ASSESSED A FEE OF $100 PER CHARGEBACK (SCHEDULE OF FEES).
- RESERVATION CHANGES BY PRIMARY ONLY: The passenger who places a reservation for a stateroom onboard the My Epic Carnival Experience EPIC will be considered that stateroom’s “Primary Guest” and is the “owner” of the reservation. The Primary Guest is therefore solely responsible for initiating or authorizing changes to the reservation and must agree in writing to any changes made to the reservation, by emailing firstname.lastname@example.org.
- NAME CHANGES /STATEROOM CHANGES:
13.1 All passenger NAME and STATEROOM changes can be made up until 60 days prior to sailing (if allowed by the Royal Caribbean Cruise Ltd.) and will be assessed the following administrative fees per NAME or STATEROOM change.
13.2 The Primary guest is not allowed to change their name within the reservation. At least one “original” and/or Primary guest’s name must remain on the reservation. If all original passengers cancel, this is considered a full cancellation without a refund, and name changes will not be allowed. An original name is one that has been added to your reservation at the time of your initial deposit or payment.
13.3 In all cases of name changes, the NEW passenger must agree to take over the payments from where the previous guest left off. The original passenger and the passenger replacing him/her shall be responsible for refunding any amounts which are due to each other. The cost of the name change fee shall, however, be paid directly to MECE. Changing all the passengers’ names from one room to another in the form of a downgrade is not permitted. A downgrade is considered a cancellation of your original reservation. MECE cannot facilitate any outside agreements in the event of a name change.
13.4 Stateroom Occupancy Change Rates are based on the number of people in your cabin. Changes in occupancy will result in a rate increase, or decrease, depending on the type of change.
- INOCULATION & HEALTH: All passengers must ensure that they are medically and physically fit for travel. MECE bears no responsibility in the event you fail to meet the medical requirements for travel. The CDC, the World Health Organization (WHO) and the Royal Caribbean Cruises Ltd., 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 CDC’s website or toll-free at 1-877-FYI-TRIP, and the WHO website.
- VACCINATION REQUIREMENTS AND OTHER RULES:
15.1 Royal Caribbean Cruises Ltd. has established protocols and procedures related to public health and safety, as may be updated, revised, amended or otherwise changed from time to time by Royal Caribbean Cruises Ltd. Each guest is responsible for checking with the Royal Caribbean website in order to plan accordingly in the efforts to mitigate against the spread of SARS-CoV- 2/COVID-19. You agree to:
(a) comply with Royal Caribbean Cruises Ltd. health and safety protocols, as they may be updated from time to time which may include mandatory SARS-CoV-2/COVID-19 testing and/or vaccination requirements. The requirements imposed on passengers will be consistent with those generally imposed on Royal Caribbean Cruises Ltd. passengers at such time.
(b) comply with all laws, regulations, codes, or ordinances established by any governmental and/or regulatory authority having jurisdiction over the Royal Caribbean Cruises Ltd or the Vessel, including but not limited to, any laws, regulations, codes, ordinances, or public health guidelines pertaining to SARS-CoV-2/COVID-19 or other communicable disease. To the extent that any applicable law, regulation, code, ordinance, guideline, or other governmental requirement is inconsistent with Royal Caribbean Cruises Ltd. health and safety protocols, you agree to comply with the stricter requirement.
(c) complete any COVID-19 related acknowledgements and comply with any COVID-19 related requirements as are implemented on you generally, which may include, but not necessarily be limited to, providing proof of negative COVID-19 test result and/or vaccinations.
15.2 MECE bears no responsibility for Covid-19 requirements that theRoyal Caribbean Cruises Ltd, travel suppliers, governments and regulatory agencies may impose from time to time, such as required vaccinations, health affidavit forms, Covid-19 screenings prior to departure, during travel and upon arrival, face coverings or quarantines. You assume full and complete responsibility for checking and verifying your compliance with Covid-19 and other travel related requirements of your destination and your connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination. For the latest Royal Caribbean Cruises Ltd cruise, travel supplier or government rules, check the websites of the applicable Royal Caribbean Cruises Ltd cruise liner, travel supplier and government agency, and keep checking as the rules are constantly changing and MECE is not responsible for those changes or boarding denial resulting from your failure to comply.
- TRAVEL DOCUMENTS, PASSPORTS & PROOF OF CITIZENSHIP
16.1 All passports, visas and other travel documents required for embarkation and disembarkation and at all ports of call or otherwise required to gain entry to all countries are your sole responsibility. It is your sole responsibility to identify and obtain all required travel documents and have them available when necessary. These include valid travel documents such as a passport, visa, inoculation certificate and family and/or legal documents are required for boarding vessels and country entry and/or re-entry. Passengers who do not possess the proper documentation may be prevented from boarding their flight or vessel or from entering a country and may be subject to fines. No refunds will be given to individuals who fail to bring the proper travel documents. All international travel generally requires a valid passport. Visas may be required, depending on the destination. Citizens of countries other than the U.S. should contact an embassy or consulate of the destination country for specific entry requirements.
16.2 We strongly recommend that all passengers travel with a passport (valid for at least six months beyond the completion of travel). Having a valid passport will enable you to fly from the U.S. to a foreign port in the event you miss your scheduled embarkation, or to fly back to the U.S. should you need to disembark the ship mid-EPIC for any reason.
16.3 MECE is not responsible for any delays you may encounter due to your incomplete or incorrect travel documents, nor shall MECE or the Suppliers have any liability, therefore. Should you fail to possess valid documentation, you will be denied boarding or entry and will not be entitled to any refund or compensation. Your full compliance with all customs regulations and all local and national laws is your own responsibility and MECE nor travel suppliers bear any liability for your non-compliance.
- CANCELLATION BY MECE ENTERTAINER(S): MECE has entered into separate performance agreements with each entertainer on MECE to perform in accordance with the confidential terms specified therein. However, neither MECE nor Royal Caribbean Cruise Ltd. Line shall be liable or responsible for the failure of any artist or musician to appear on board or to perform pursuant to his/her agreement. Further, neither MECE nor Royal Caribbean Cruise Ltd. shall be liable or responsible for any loss, damage, cost, or expense of any kind to any Passenger or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from a Force Majeure Event, Force Majeure Events or other cause or circumstance beyond MECE’s control. In the event of any failure of contracted artists to perform during the EPIC, MECE, in its sole discretion, may engage a replacement artist(s) or may change, postpone, or terminate all or any part of the EPIC or the entertainment program or change the program or itinerary. In such case, MECE shall have no liability to any passenger for any loss, damage, cost, or expense whatsoever by reason of such change.
- FORCE MAJEURE
18.1 If MECE or Royal Caribbean Cruise Ltd. is forced to cancel the EPIC due to an Act of God, breakdown of the Vessel, pandemic, epidemic or other health emergency (including SARS-CoV-2/COVID-19 and/or any other communicable disease), hostilities, blockades, labour conflicts, strikes aboard or ashore, restraint of rulers or princes, war, fire, collision, directions of underwriters, arrest, order or restraint by governmental authorities or others, acts of terrorism, civil commotions, weather conditions and considerations of safety of the Vessel (of which the Master shall be the sole judge), foundering of the Vessel or breakdowns of or damage to its hull, machinery and fittings, inability to secure or failure of supplies including fuel, requisition of the Vessel or other circumstances beyond MECE’s and/or Royal Caribbean Cruise Ltd. control (including but not limited to a change in Royal Caribbean Cruise Ltd. fleet deployment caused by any of the aforementioned events) (collectively such causes shall be referred to as “Force Majeure Events” and singularly as a “Force Majeure Event”), the sole liability of MECE shall be for a refund of all monies paid by you to MECE hereunder for all obligations not then performed.
- POSTPONEMENT OR CANCELLATION OF EPIC BY MECE AND/OR ROYAL CARIBBEAN CRUISE LTD.:
19.1 In the event of an occurrence of a Force Majeure Event(s), or for any other reason whatsoever beyond the control of MECE, or Royal Caribbean Cruise Ltd., MECE and/or Royal Caribbean Cruise Ltd. in their sole discretion may cancel, advance, postpone or reschedule any scheduled sailing or call at any port and may (but is not obligated to) substitute another vessel, and neither MECE nor Royal Caribbean Cruise Ltd. shall be liable for any loss whatsoever to passengers by reason of such cancellation, advancement, postponement, rescheduling or substitution. Thereupon, MECE shall return to you:
19.1.1 If EPIC is completely cancelled, a full refund of your cabin fare, prepaid gratuities, related taxes and fees, upgrade and add ons (the “Paid Value”).
19.1.2 If EPIC is partially cancelled, a partial refund of the Paid Value will be issued to its registered, paid, guests.
19.1.3 If EPIC is postponed to a later date/rescheduled, your reservation will be automatically transferred to the same category of cabin, if applicable, on the rescheduled EPIC.
19.2 If the EPIC is postponed to a later date, it means MECE is still working to determine the date of the rescheduled EPIC. THIS IS NOT A CANCELLATION. In the meantime, your EPIC reservation is still valid, and no further action is required. When MECE reschedules the EPIC, MECE will notify you of the new status and explain your options. Please note that any refund and/or credit policies are determined by MECE on a EPIC-by-EPIC basis and may be subject to limitations. In either event, MECE shall have no further liability for damages or compensation of any kind.
19.3 A POSTPONEMENT OF THE EPIC TO A LATER DATE AND/OR RESCHEDULING OF THE EPIC DOES NOT CONSTITUTE A CANCELLATION. FULL REFUNDS ARE ONLY AVAILABLE IN THE EVENT OF A COMPLETE CANCELLATION AND PARTIAL REFUNDS (WHERE APPLICABLE) IN THE CASE OF A PARTIAL CANCELLATION OF THE EPIC. REFUNDS ARE NOT AVAILABLE IN THE EVENT THE EPIC IS POSTPONED TO A LATER DATE OR RESCHEDULED.
19.4 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 EPIC, will be determined in accordance with the applicable travel supplier’s cancellation policies for such other products or services.
- SAFETY WHILE IN PORTS OF CALL AND ONBOARD: You assume sole responsibility for your own safety onboard and in any port of call. MECE does 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 (CDC) and other governmental and tourist organizations. MECE, and the other Releasors, assume no responsibility for gathering and/or disseminating any such information. You acknowledge that all shore excursions and tours, however, conducted, airline flights and ground transportation, and any ship physician, nurse and onboard concessions (including, without limitation, gift shops, spa, beauty salon, fitness center, golf and art programs, and video/snorkel concession) are operated by independent contractors. MECE neither supervises nor controls their actions, nor makes any representation, whether expressed 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 MECE assumes no responsibility, does 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.
- PASSENGERS WITH SPECIAL NEEDS:
21.1 MECE is committed to providing its passengers with an unrivalled vacation and does not discriminate on the basis of disability. By booking the EPIC, 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 EPIC or during the EPIC. You must notify MECE at the time of booking of any disability or other medical or physical condition that may require special assistance during the EPIC. Your failure to do so will release MECE from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. MECE and Royal Caribbean Cruise Ltd. 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 EPIC and in case of emergency.
- REFUSAL OF PASSAGE: MECE acts only as a sales and marketing agent for the purpose of booking travel arrangements on Royal Caribbean Cruises Ltd. and various airlines. MECE expressly disclaims any responsibility for personal injury, property damage, loss, delay, inconvenience, or other matters due to negligence, wrongful acts, errors or omissions on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent. Participation on the EPIC may be denied to any person who, in MECE’s or [Royal Caribbean Cruises Ltd.]’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, MECE and [Royal Caribbean Cruises Ltd.] 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. MECE shall have no liability to any such person or any third party arising out of any such decision. Any costs resulting from MECE’s and/or [Royal Caribbean Cruises Ltd. ]’s decision, including, without limitation, costs of lodging and transportation, shall be the responsibility solely of the person.
- DECISIONS OF ROYAL CARIBBEAN CRUISES LTD. : You will receive the Royal Caribbean Cruises Ltd. Standard Contract of Passage Terms and Conditions (the “Royal Caribbean Cruises Ltd.”) via your online check-in, the terms of which you agree to by sailing on the EPIC. The Royal Caribbean Cruises Ltd. Contract constitutes your agreement with Royal Caribbean Cruises Ltd. . The Royal Caribbean Cruises Ltd. Contract provides that Royal Caribbean Cruises Ltd. may exercise its rights in a variety of matters, including, without limitation: Its right to alter the ship’s course, ports of call, and itinerary, activity and shore excursions, for reasons set forth therein. MECE 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 Royal Caribbean Cruises Ltd. exercise of any of its rights as provided in the Royal Caribbean Cruises Ltd. Terms. Without limiting the foregoing, MECE shall not be liable to any EPIC passenger for a full or partial refund of any EPIC fare, or for any lodging or transportation expenses, as a result of Royal Caribbean Cruises Ltd. exercise of its contractual rights.
- LUGGAGE: Each passenger may bring onboard a reasonable amount of baggage. All luggage must be stored in the passengers’ stateroom. Pets, dangerous or illegal items such as weapons, explosives, combustible substances, non-prescription controlled substances, or illegal drugs may not be brought on board the ship. Any such items shall be surrendered to security at embarkation and may be disposed of at the sole discretion of [Royal Caribbean Cruises Ltd.]. All luggage, hand-carried or checked, and your person are subject to security inspections that may involve physical search. Curbside porters are available at the pier during embarkation to take luggage to the vessel. Please be sure each piece of luggage is locked and has a tag listing your name, ship, and stateroom number. [Royal Caribbean Cruises Ltd.] and MECE assume no responsibility for carry-on luggage. Any luggage left at the pier will be forwarded at the passenger’s expense. Claims for luggage loss or damage must be made in writing to debarkation personnel prior to leaving the pier area.
- RELEASE AND AUTHORIZATION FOR USE OF IMAGE, NAME, VOICE AND LIKENESS:
25.1 You understand that MECE hires photographers and camera staff that will be producing promotional, advertising and publicity pictures, video and materials for MECE during your vacation and that by making your reservation, making payment to MECE and by entering the Vessel, airplane, hotel or resort where your MECE vacation will take place, you are willingly consenting to the use of your image, name, voice and likeness acquired during your vacation by MECE and/or by its assignees, licensees, independent contractors, employees, successors or associated entities (collectively “MECE”). You further hereby acknowledge that while within the Vessel, airplane, hotel or resort, you agree to be photographed and filmed and that your voice can be recorded. Nothing herein binds MECE to use or not use your image, name, voice and
likeness and you will not receive any compensation.
25.2 You further agree in exchange for MECE and the Supplier granting you access to the Vessel, airplane, hotel or resort where your MECE vacation will take place and for receiving the benefits, services and amenities provided during your vacation, you grant to MECE the full unencumbered right in perpetuity and throughout the universe to use your photograph, image, name and likeness in video, and voice in any media of any of kind now known or hereinafter devised, including the right to assign and authorize your photograph, your image, name and likeness in video, for MECE’s promotion, advertising or any other lawful purposes, without limitations, at MECE’s sole discretion, including the right to edit, combine with other materials or create any type of derivative materials thereof for the purpose of trade, advertising, sales, publicity, promotional, training or otherwise, without compensation to you. All rights in and to the intellectual property created thereof shall be owned by MECE. You further hereby waive any right of droit morale that may be afforded you under the laws of any country and waive the rights to arrange, adapt, change, modify, limit or deny use of your photograph, video, likeness and voice.
25.3 This release and assignment of rights and authorization includes all rights under any law, statute, or regulation now known or hereinafter devised, for the use of the materials,copyrights or trademarks, and/or any other legal or equitable intellectual property right to the use or control thereof anywhere in the World. You acknowledge that you have received good, fair and adequate consideration for this authorization.
25.4 You hereby agree to release MECE from any and all liability of any kind during the filming from point of arrival and check-in, initial embarkation, all areas of the Vessel, airplane, hotel or resort and in all ports and destinations up to and including final disembarkation. Your release of liability extends to any claims and costs that may arise based on the grant of the use of your photograph, video, likeness and voice.
25.5 YOU CERTIFY THAT YOU HAVE READ THIS RELEASE AND AUTHORIZATION AND YOU FULLY UNDERSTAND ITS CONTENTS. YOU UNDERSTAND THAT YOU MAY SEEK ADVICE OF AN ATTORNEY BUT MAY WAIVE THAT RIGHT. YOU ARE AWARE THAT THIS IS A RELEASE, AUTHORIZATION, ACKNOWLEDGEMENT, AND ASSIGNMENT OF YOUR IMAGE, NAME, VOICE AND LIKENESS RIGHTS, UNDERSTAND THAT THIS IS A BINDING CONTRACT, AND THAT YOU GRANT THE RIGHTS STATED ABOVE OF YOUR OWN FREE WILL.
25.6 IF YOU DO NOT DESIRE TO BE PART OF FUTURE ADVERTISING MATERIALS, YOU MAY RESCIND THIS RELEASE IN WRITING UPON ARRIVAL OR AT ANY TIME PRIOR TO YOUR RETURN FROM THE PROGRAM. AFTER YOUR RETURN, THE RIGHT TO RESCIND SHALL BE FOREVER WAIVED.
- ZERO TOLERANCE POLICIES:
26.1 DRUG POLICY: MECE and Royal Caribbean Cruises Ltd., have a zero-tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in disembarkation from the vessel as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases, MECE and Royal Caribbean Cruises Ltd. shall not be liable for any refund or other compensation or damages.
26.2 THREATS & VIOLENCE: MECE and Royal Caribbean Cruises Ltd., have a zero-tolerance policy regarding threats and violence including verbal or physical threats such as physical actions short of actual contact or injury (moving aggressively into another’s personal space), general oral or written threats to people or property and implied threats, violent behavior including any physical assault, with or without weapons; behavior that a reasonable person would interpret as being potentially violent (throwing things, pounding one’s fist on a desk or door, or destroying property), or specific threats to inflict physical harm. Threats, threatening behavior or acts of violence against passengers including, but not limited to, MECE and/or Royal Caribbean Cruises Ltd. staff, will not be tolerated. Violations of this policy will lead to cancellation of your reservation, immediate disembarkation, arrest and/or criminal prosecution as appropriate. In such cases, MECE and Royal Caribbean Cruises Ltd. shall not be liable for any refund or other compensation or damages.
26.3 DISCRIMINATION AND SEXUAL HARASSMENT: MECE and Royal Caribbean Cruises Ltd. have a zero-tolerance policy regarding discrimination and sexual harassment. Unlawful discrimination occurs when an individual’s protected characteristic is used as a basis for adverse decisions affecting that individual. Prohibited discrimination includes, but is not limited to, sexual harassment and sexual violence. Discrimination encompasses a wide range of conduct including all forms of unwelcome verbal, physical and visual conduct and displays that are based on any of the above-mentioned protected characteristics and which interfere with performance and/or create an offensive or hostile environment. Following are some examples that may constitute harassment:
(a) Verbal harassment such as jokes, epithets, slurs and unwelcome remarks about an individual’s body, dress, clothing, race, orientation, physical appearance or abilities, derogatory comments, discussions of a sexual nature and/or harassing remarks.
(b) Physical harassment such as physical interference with normal activity, impeding or blocking movement, assault, unwelcome physical contact or touching, staring at a person’s body, and threatening, intimidating or hostile acts.
(c) Visual harassment such as offensive or obscene e-mails, instant messaging, web blogs, photographs, calendars, posters, cards, cartoons, drawings and gestures, displays with sexually suggestive or lewd objects, unwelcome letters or notes or any other graphic material that denigrates or shows hostility or aversion toward an individual because of the individual’s protected characteristics.
(d) Discrimination, sexual harassment or violence against passengers, including, but not limited to, MECE and Royal Caribbean Cruises Ltd.staff, will not be tolerated. Violations of this policy will lead to cancellation of your reservation, immediate disembarkation, arrest and/or criminal prosecution as appropriate. In such cases, MECE and Royal Caribbean Cruises Ltd. shall not be liable for any refund or other compensation or damages.
- SMOKING POLICY: SMOKING IS PROHIBITED IN PASSENGER STATEROOMS AND ON BALCONIES. Violations to this policy will result in a $250 fine for each occurrence, which will be charged to the passenger’s sail & sign account. Clearly marked “Designated Smoking Areas” are available onboard including cigar lounges, a section of the nightclub and casino, as well as a portion of the open decks. As a safety precaution, passengers are reminded to properly dispose of cigarettes, cigars and pipe tobacco, which are never to be thrown overboard as this may be sucked back into the ship and cause fires.
- ELECTRONIC CIGARETTES: The use of electronic cigarettes is allowed within the confines of the passenger’s stateroom (balcony not included) and within designated smoking areas only.
28.1 INDEPENDENT CONCESSIONAIRES: You will find onboard your EPIC, independent concessionaires who operate shops, photography, gaming, etc. MECE accepts no responsibility whatsoever for the actions of these independent concessionaires arising from your dealings with them. You must contact and deal or interact with them directly. It is understood and acknowledged that MECE is an outside, independent promoter and does not operate the vessel controlled and owned by Royal Caribbean Cruises Ltd. In consideration of participating and attending MECE, you voluntarily assume all risks while onboard the vessel and release MECE of and 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. Your decision to purchase and pay a deposit for this EPIC program constitutes your acknowledgment of and consent to all of the terms and conditions of the brochure and website, including the limitations of liability described in it.
- VENDING: NO VENDING OF ANY KIND IS ALLOWED during the EPIC unless you are an approved MECE sponsor or vendor. This includes, but is not limited to the sale of any goods, products or the provision of spa, salon and hair cutting services, makeup, manicures, pedicures, massages, facials, threading etc. For information on sponsoring, please email email@example.com. Sales of T-shirts, hats, posters, jewelry, or anything of the like, is prohibited while enjoying MECE on the Royal Caribbean Cruises Ltd. Anyone found in violation of this policy will have his or her unauthorized merchandise confiscated. This policy will be strictly enforced.
- MEDICAL CARE: You assume any and all risks associated with travel and transportation on the EPIC. 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 EPIC may be in areas where medical care and/or evacuation may not be available. You agree to fully indemnify and reimburse MECE and/or Royal Caribbean Cruises Ltd. if either MECE, in its sole discretion, advances 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. MECE shall have no responsibility to advance any such costs. We highly recommend the purchase of travel insurance to cover any unforeseen and unexpected medical expenses.
31.1 All trademarks are the exclusive property of their respective owners. The information contained on this page and in other pages and material relating to the EPIC, including any information regarding celebrity participation and programmed events, is subject to change at any time after notice. The details shown are for informational purposes only. The Released Parties are not responsible for any errors, changes and/or omissions resulting in pricing, inventory or content discrepancies.
- TRAVEL AGENTS: 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 MECE shall not be liable for any representation made by said travel agent. Passenger shall, at all times, remain liable to MECE for the price of the EPIC.
- LIABILITY FOR DAMAGES CAUSED BY PASSENGER: You shall be liable to, and shall reimburse MECE and Suppliers for, any damage to the Vessel, transport vehicles, hotel, resort or any property of MECE or the Suppliers caused directly or indirectly, in whole or in part, by any wilful or negligent act or omission on your part; and you shall further indemnify MECE s and Suppliers and each and all of their agents and servants against all liability which MECE and Suppliers may incur towards any person or MECE or government for any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any wilful or negligent act or omission on your part. You shall be liable to MECE and the Suppliers for any fines or penalties imposed on MECE or Suppliers by any governmental authorities for your failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs, crime or excise.
ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNIFICATION RELATING TO CORONAVIRUS/COVID-19 AND/OR VARIANT THEREOF AND/OR ANY OTHER COMMUNICABLE DISEASES AND/OR OTHER RISKS
- ASSUMPTION OF RISKS, HAZARDS AND DANGERS
34.1 It is solely your decision to travel, and you are doing so of your own free will and with full knowledge of current travel recommendations and travel restrictions with regards to the risks of Covid-19, any variant thereof and/or any other communicable diseases.
34.2 You understand and acknowledge that the risks, dangers and hazards include, but are not limited to:
34.2.1 Health: executing strenuous and demanding physical techniques, physical exertion, overexertion, stretching, dehydration, fatigue, cardiovascular workouts, rapid movements and stops, lack of fitness or conditioning, traumatic injury, bacterial infections, rashes, and the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites or other organisms or any mutation thereof.
34.2.2 Medical Care: While at sea or in port, the availability of medical care may be limited and/or delayed and that all or part of the EPIC may be in areas where medical care and/or evacuation may not be available.
34.2.3 Premises: defective, dangerous or unsafe condition of the facilities; uneven surfaces, falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on ship decks or other surfaces, extreme weather conditions; travel to and from the EPIC.
34.2.4 Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by MECE, or Royal Caribbean Cruises Ltd., to provide any warnings, directions, instructions, or guidance as to the use of the equipment; failure to use or operate the equipment within your own ability.
34.2.5 Contact: contact with sports equipment, poles, stands, nets, fences, gym equipment, or other persons, whether intentional or unintentional, is a common part of the EPIC, and may lead to serious bodily injury including, but not limited to, concussions and/or other brain injury, or serious spinal injury.
34.2.6 Advice: negligent advice regarding the EPIC.
34.2.7 Ability: Failing to act safely or within your own ability or within designated areas.
34.2.8 Sports and other Activities: the games of soccer, cricket, basketball, netball and activities like aerobics, yoga, dance, swimming, ice-skating, laser tag, and their
34.2.9 Cyber: privacy breaches, hacking, technology malfunction or damage.
34.2.10 Conduct: Your conduct and conduct of other persons including any physical
altercation between other EPIC participants.
34.2.11 Travel: Travel to and from the EPIC and/or related activities could increase the risk of contracting COVID-19 and/or other communicable diseases.
34.2.12 Negligence: Your own negligence and negligence of other persons, including
negligence on the part of MECE or Royal Caribbean Cruises Ltd., may increase the risk of damage, loss, personal injury or death. I understand that MECE, and Royal Caribbean Cruises Ltd., may fail to safeguard or protect me from the risks, dangers and hazards of the EPIC, some of which are referred to above.
34.2.13 Coronavirus (“COVID-19”): has been declared a worldwide pandemic. It is extremely contagious and believed to spread by person-to-person contact, or by contact with contaminated surfaces and objects, and by airborne transmission. People can be infected and show no symptoms and therefore spread the disease and such exposure may result in personal injury, illness, permanent disability or death. The exact methods of spread and contraction are evolving, and evidence shows that COVID-19 can cause serious and potentially life-threatening illness and even death. MECE and the Royal Caribbean Cruise Ltd. has put in place preventative measures to reduce the spread of COVID-19; however, MECE, and the Royal Caribbean Cruises Ltd., cannot guarantee that passengers will not become infected with Covid-19, or any mutation, thereof.
34.2.14 Other Communicable Diseases: the risk of contracting a communicable disease or illness including, without limitation, exposure to any other bacterial, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted.
34.2.15 Your failure to comply with the Royal Caribbean Cruises Ltd. health and safety protocols, Guest, Health, Safety and Conduct Policy, or any applicable or regulatory orders pertaining to SARS- CoV-2/COVID-19, and/or any other communicable disease.
34.2.16 That your mental and physical condition is appropriate to participate in the EPIC activities and I assume all risks related to my mental or physical condition.
34.2.17 That when you participate in EPIC activities, you are responsible for your surroundings and the location and equipment that you select.
34.2.18 That if you observe an unusual significant hazard or risk, you will remove yourself from participation and bring such to the attention of MECE, or Royal Caribbean Cruises Ltd., representatives immediately.
34.2.19 The risks associated with the activities are increased when you are impaired, and I agree not to participate if impaired in any way.
34.2.20 That it your my sole responsibility to assess whether any activities are too difficult for you. By commencing an activity, you acknowledge and accept the suitability and conditions of the activity.
34.2.21 That you are responsible for your choice of personal protection equipment (PPE) or other protective equipment and the secure fitting of that equipment.
34.2.22 That the above list of risks, hazards and dangers is not intended to be exhaustive.
(Collectively, the “Risks”)
34.3 Notwithstanding the Risks, which you readily acknowledge, you still choose to participate in the EPIC and understand and assume full responsibility for the Risks arising out of or in connection with the EPIC.
- RELEASE / WAIVER OF LAWSUIT / INDEMNIFICATION:
You agree to:
35.1 RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE MECE and/or their current or former respective officers, directors, trustees, affiliates, agents, employees, independent contractors, subcontractors, consultants, advisors, vendors, volunteers, licensees and assignees (collectively “Releasees” and each a “Releasor”) from any and all claims, demands, suits, regulatory complaints, complaints, judgments, losses, expenses, damage, liability and/or responsibility, including, without limitation, reasonable attorneys’ fees and costs claim or cause of action arising including claims for personal injuries, death, disease, property loss, or any other losses arising out of or in connection with the Risks, the EPIC, Terms and the actions and/or omissions of the Releasees.
35.2 DEFEND, INDEMNIFY, AND HOLD HARMLESS the Releasees from and against any and all claims, demands, suits, judgments, losses, expenses, damage, liability and/or responsibility, including, without limitation, reasonable attorneys’ fees and costs, arising from or out of, or relating to, directly or indirectly from the Risks, COVID-19 exposure, infection, or spread (or any illness or condition related thereto) which might occur as a result of you participating in the EPIC, to the maximum extent permitted by applicable law.
35.3 I understand and agree that the obligation to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Releasees applies to any and all claims of third parties, including but not limited to members of your household and extended family, which may have been exposed to, or infected by COVID-19, as a result of your participation in the EPIC.
- GENERAL LIMITATION OF LIABILITY:
36.1 You agree to release and hold harmless MECE, from and against any claims, demands, suits, regulatory complaints, complaints, judgments, losses, expenses, damage, liability and/or responsibility, including, without limitation, reasonable attorneys’ fees and costs claim or cause of action arising out of or in connection with your travel on and participation in the EPIC, including, but not limited to: (a) 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 EPIC, including, without limitation, passenger’s use of or participation in any shore excursion, on board concession or athletic or recreational activity; (b) your request for or selection of a roommate for the EPIC; (c) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances; (d) any change in scheduled EPIC events and/or celebrity appearances; (e) Royal Caribbean Cruise Ltd. exercise of its contractual rights; or (f) or (if you are entering into this agreement on behalf of yourself and your, group, party, or traveling companions) any claim arising out of their assertion that you were not authorized to agree on their behalf.
36.2 You further agree that MECE shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by MECE, nor for any intentional or negligent acts of Releasees committed while off duty or outside the course and scope of their employment. In the event a court of competent jurisdiction holds any of the foregoing to be unenforceable, then MECE’s liability shall be limited to the maximum extent permitted by law.
36.3 You agree that your failure to comply with any of the provisions, covenants, or conditions of the Terms shall be a material breach and that no adequate remedy exists at law if you fail to perform, or breach any of its obligations hereunder, that it would be difficult to determine the amount of damages resulting therefrom, and that such breach would cause irreparable injury to MECE. Therefore, MECE shall be entitled to injunctive relief to prevent or restrain any breach of this agreement in addition to any other remedies available at law, in equity or otherwise specified herein.
36.4 If notwithstanding the above, MECE is found liable for any loss or damage relating to your participation in the EPIC, Passenger agrees that such liability shall not exceed the amount paid by the Passenger for his/her EPIC ticket.
- DISPUTES, CHOICE OF LAW & JURISDICTION:
37.1 Any dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, construction, interpretation, validity, enforcement or termination, shall be governed and construed exclusively in accordance with the procedural and substantive laws of the United States, without reference to conflicts of law, and the Parties agree to submit any and all disputes, claims and causes of action arising out of or connected with the EPIC, Terms and/or MECE to a private and confidential arbitration (by a sole arbitrator) in the United States, pursuant to the The Federal Arbitration Act (USA) Title 9, US Code, Section 1-14, amended November of 1990. Such reference shall be made to the exclusion of any other court, venue or jurisdiction. You agree to waive any venue or other objection that you may have to any such action or proceeding being brought in the United States.
37.2 You agree that any claims will be adjudicated on an individual basis and waive the right to participate in a class, collective or other joint or representative action.
37.3 Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the EPIC, but in no event attorneys’ fees; and you waive the right to claim any damages whatsoever, including, but not limited to, special, punitive, exemplary, consequential or indirect damages of any kind whatsoever.
37.4 You agree to present any claims against MECE within 30 days after the EPIC ends and to file within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. For the avoidance of doubt, the Passenger shall not initiate or be part of a class-action lawsuit or legal proceedings against MECE.
- NO THIRD-PARTY RIGHTS: you agree that the Terms are not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 (United States).
- CONFIDENTIALITY: you agree to keep the terms of this Agreement strictly confidential, including, but not limited to, the amount paid by you in consideration for EPIC, except as may be required by any law, regulation, or legal, judicial, or administrative process or proceeding.
- ENTIRE AGREEMENT: This Agreement contains the entire agreement between MECE and the Passenger and supersedes any other agreements, written or oral, relating to the subject matter herein. Any waiver of any provision must be made in writing and signed by an authorized representative of MECE. If any portion 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.