PLEASE NOTE – THESE TERMS AND CONDITIONS FORM AN IMPORTANT PART OF YOUR ON THE BLUE CRUISE (OTBC) RESERVATION AND AGREEMENT WITH ON THE BLUE CRUISES, INC. AND NCL (BAHAMAS) LTD. PLEASE READ CAREFULLY, AS THESE TERMS AND CONDITIONS INCLUDE A RELEASE OF LIABILITY.
YOU SHOULD NOT MAKE YOUR ON THE BLUE CRUISE (the “Cruise”) RESERVATION UNLESS YOU AGREE TO THESE TERMS & CONDITIONS.
BY MAKING YOUR RESERVATION, YOU AND ALL GUESTS BOOKED ON YOUR CRUISE RESERVATION ARE DEEMED TO HAVE AGREED TO THESE TERMS & CONDITONS AND ARE LEGALLY BOUND BY THESE TERMS & CONDITIONS.
PRIOR TO BOOKING, PLEASE CONSULT ALL APPLICABLE U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) TRAVEL ADVISORIES, WARNINGS, OR RECOMMENDATIONS RELATING TO CRUISE TRAVEL, AT CDC.GOV/TRAVEL/NOTICES.
OTB AND NCL (BAHAMAS) LTD. WILL FOLLOW THE RECOMMENDATIONS OF THE CDC AND MEDICAL EXPERTS CONSULTED BY OTB AND/OR NCL (BAHAMAS) LTD. WITH RESPECT TO COVID-19 PROTOCOLS. BY MAKING A RESERVATION, EACH PASSENGER AND GUEST AGREES TO ABIDE BY THE COVID-19 PROTOCOLS ANNOUNCED BY OTB AND/OR NCL CRUISES LTD, WHICH MAY CHANGE AT ANY TIME PRIOR TO THE CRUISE. PASSENGERS AGREE TO COMPLY WITH ALL VACCINATION AND TESTING REQUIREMENTS AS ANNOUNCED BY OTB AND/OR NCL CRUISES LTD THAT ARE IN FORCE AT THE TIME OF THE CRUISE DEPARTURE.
Please read the following Terms and Conditions, including the special COVID-19 provisions included below. This document contains important limitations on your rights and the rights of all persons included in your reservation. These are legally binding documents, and by making your reservation on the Cruise, you and all persons listed on your reservation are agreeing to abide by and be legally bound by these Terms and Conditions. This document contains additional contractual terms, conditions, and limitations between you and On the Blue Cruises, Inc., an entity created under the laws of the State of Wyoming, USA (“OTB”), NCL (Bahamas) Ltd. (“NCL”), and their respective officers, directors, employees, affiliates, subsidiaries, parent companies, related companies, agents and contractors (collectively referred to herein as the “Released Parties”), with respect to this Cruise beyond the terms and conditions described in your agreement with OTB and in the NCL Ticket Contract (“NCL Cruise/Cruisetour Ticket Contract”).
These Terms & Conditions are incorporated into and made a part of your Cruise booking/agreement with OTB and your NCL Cruise Ticket Contract. You agree that these Terms & Conditions are subject to change by OTB and/or NCL in their good faith discretion, as long as you are given notice of such change(s).
All references to “Guest”, “guest”, “you” or “your” shall have the same meaning as “Passenger” for purposes of this Contract and the words Guest, guest, you, your, and Passenger as used in these Terms & Conditions shall include each person listed on a Cruise Ticket Contract and each person, other than OTB personnel, NCL personnel, and artists and artist personnel, who embarks on the Cruise or attends any Cruise or Cruise related event, whether or not listed on a Cruise Ticket Contract. All terms shall be considered gender neutral, and pronouns shall refer to the masculine and feminine, as context requires.
CRUISE TICKET CONTRACT
By making this Cruise reservation, or by acceptance and/or use of the NCL Cruise Ticket Contract, each Passenger and Guest included on the same reservation, acknowledges he or she has read, and understands (or if a minor, such person’s parent, guardian, or representative has read and understands) each and every term, condition, and provision of the NCL Cruise Ticket Contract and accepts and agrees to be bound thereby.
Passenger acknowledges and expressly agrees OTB (and its affiliates) are acting solely in their capacity as tour operators, brokers and independent contractors arranging this cruise and that OTB has no right or ability to control or direct the operational or navigational activities of the vessel or crew in any manner whatsoever whether aboard the ship or ashore, including and without limitation to, persons furnishing services to the vessel or to the passengers including shore side excursions, personnel, or contractors, embarkation and disembarkation to and from the vessel, the condition of the vessel and its equipment. OTB shall have no responsibility or liability to you for any claims or damages relating to activities described in the preceding sentence.
All talent/entertainment related fees, your accommodations onboard the ship, all meals in the main dining room(s) and cafeteria, other casual dining throughout the day, non-carbonated beverages (coffee, tea, juices, etc.), use of the ship’s pools, and use of health & fitness centers are included in your cabin fare. PLEASE NOTE STANDARD ONBOARD GRATUITIES ARE INCLUDED IN YOUR CABIN FARE. THESE ARE MANDATORY AND WILL NOT BE WAIVED. Gratuities include, but are not limited to, payments to the maître d’ and his assistants, your waiter and busboys, buffet staff, stateroom attendants and bellboys. Casino dealers and spa personnel are not included, since not all guests will utilize those services. A gratuity for bar services and servers will be included on all bar checks, and automatically added to the price of your drinks.
Your base cruise fare does not include a mandatory fee supplement of $315 per person for merchant fees, government taxes and fees. A Mandatory Fee Supplement of $315 per person for merchant fees, government taxes and fees 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, international passenger departure or arrival tax, customs user fee, immigration fee, agricultural inspection fee and miscellaneous ticketing fees. These taxes and fees are subject to increase prior to your departure date, in which case you will be invoiced for the balance. These will be automatically added to your reservation during booking.
Single occupancy reservations are responsible for and will only be charged one (1) mandatory fee supplement of $315 for merchant fees, government taxes and fees.
Your base Cruise Fare and fee supplement does not include any additional fuel surcharges (if applicable), transportation to/from ship, shore excursions, sightseeing or meals ashore, meals in specialty and à la carte restaurants, room service, laundry, wine, beer, liquors, cocktails, soda, mineral water, bottled water, medical expenses, spa treatments, beauty salon, casino gaming, onboard shopping, travel insurance, or any other items of a personal nature.
Rates, as described on the Pricing page of the On the Blue Cruise website (www.onthebluecruise.com) are per person based on double occupancy or as per the number of guests booked in the cabin. All deposits are based on a minimum of two (2) guests per cabin. The date you make your reservation will ultimately determine your total payment due at the time of booking.
Payments will be reflected on your Credit Card or Bank Statement as payments to SEAPLANNERS.
Payment schedule varies based on time of booking and stateroom type booked.
Stateroom Types for 2024
Interior, Ocean Porthole Window, Obstructed Oceanview, Oceanview with Picture Window, and Balcony Staterooms.
Club Balcony Suite, Penthouse with Large Balcony Aft/Forward, 2-Bedroom Deluxe Family Suite with Balcony, Haven Courtyard Penthouse with Balcony, Haven 2-Bedroom Family Villa with Balcony, Haven Owner’s Suite with Large Balcony, and Haven Deluxe Owner’s Suite with Balcony, and Haven 3-Bedroom Villa.
Payment schedule varies based on time of booking and stateroom type booked.
At the time of reservation:
Monday – July 3, 2023:
Reservations made on or after Monday – July 3, 2023, will require a deposit of:
Friday – September 29, 2023:
50% of the remaining balance is due for all reservations.
Reservations made on or after Friday – September 29, 2023, will require a deposit of 50% of the full cruise fare at the time of booking.
Friday – January 5, 2024:
The remaining balance is due for all reservations.
Reservations made on or after Friday – January 5, 2024, will require a deposit of 50% of the full cruise fare and must be paid in full within 45 days of the booking date or Wednesday – March 6, 2024 (30 days from the departure date), whichever comes first.
If payment in full has not been received by the above deadline, and you do not cure such failure within 5 days after notice by email or phone from OTB (i.e., if OTB does not receive your payment in full within such 5-day period), OTB reserves the right to consider your reservation cancelled and to charge the applicable cancellation penalties. All deposits and payments are non-refundable.
A $50 per person late fee will be applied each time a reservation does not remit payment by the required payment deadline. OTB reserves the right to cancel your reservation if you have failed to make any payment by its due date and do not cure such failure within 5 days after notice by email or phone message from OTB (i.e., OTB must receive your payment within such 5-day period).
Please Note: The Payment Terms described above supersede those made by the NCL Cruise/Cruisetour Ticket Contract, as your payment obligation for the Cruise is to OTB. Please note the payment provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by NCL or its affiliated entities, whether in the NCL Cruise/Cruisetour terms or elsewhere. The rights granted to passengers in the NCL Cruise Ticket Contract relating to the payment or refund of cruise fare and to cancellations by passengers shall not be operative.
Due to the nature of this event, all deposits and payments for OTBC are NON-REFUNDABLE AND NON-TRANSFERABLE. Therefore, we highly recommend Travel Insurance.
Travel Insurance is NOT included in your reservation. The purchase of insurance is the sole responsibility of each guest sailing and is NOT offered through OTB. It is up to each guest to research and decide on a 3rd party vendor of his or her choice for insurance if they choose to do so. OTB is not responsible for any losses, medical expenses accrued during travel and/or any and all deposits, due to lack of travel insurance. Not all travel insurance is the same, and you should carefully investigate to determine what situations are covered, and how they are covered, in each policy you may be offered. For maximum coverage, we recommend that you consider third party policies with “Cancel for Any Reason” coverage. Please note that some policies must be purchased within 14 days of the initial deposit.
Cabins are assigned based upon occupancy and availability at the time of booking by OTB. Special requests will be accommodated, if possible, as determined by OTB in its sole discretion. Adding additional guests after your initial reservation may not be permitted depending on cabin availability. OTB reserves the right, but not the obligation, to reassign passengers to another comparable cabin at any time, if required in the sole opinion of OTB. Cabin Assignments are subject to the paragraph headed “Roommates” below.
IMPORTANT NOTE: Not all cabins can accommodate 3 and/or 4 guests. Cabins that hold more than two passengers are limited and we cannot guarantee that additional guests can be added to your cabin at a later date. Triple and quad occupancy cabins will only be assigned to those with more than 2 passengers in the cabin at the time of booking. Guests that plan to add additional guests may attempt to do so, but are not guaranteed their stateroom will accommodate the new occupancy after the original booking date. This may require a change of cabin location or an upgrade of category, but this is also subject to availability.
In addition, if a guest is purchasing a VIP Cabin, VIP credentials are capacity controlled and therefore guests may not be able to be added to VIP cabins at a later date.
Due to the unique nature of our event, we have a very strict “NO REFUND/CANCELLATION” policy. No refunds will be issued, unless due primarily to the fault of OTB. Therefore, we HIGHLY recommend that passengers consider purchasing travel insurance.
Travel Insurance is NOT included in your reservation. The purchase of insurance is the sole responsibility of each guest sailing and is NOT offered through OTB. It is up to each guest to research and decide on a 3rd party vendor of his or her choice for insurance if they choose to do so. OTB is not responsible for any losses, medical expenses accrued during travel and/or any and all deposits, due to lack of travel insurance. Not all travel insurance is the same, and you should carefully investigate to determined what situations are covered, and how they are covered, in each policy you may be offered. For maximum coverage, we recommend that you consider third party policies with “Cancel for Any Reason” coverage. Please note that some policies must be purchased within 14 days of the initial deposit.
If You Do Not Show Up for the Cruise, or for an event during the Cruise, on Time, or Do Not Otherwise Use Your Ticket, there will be no refunds of any kind given.
If you need to cancel, please follow the steps below:
The date the form is received will be the date of cancellation. No exceptions will be made, and this process must be followed (unless the cancellation is done by OTB or On the Blue Cruise Reservations Team for failure to pay or other reason(s) within our discretion).
Please note the cancellation provisions of these Terms and Conditions apply to the Cruise, regardless of any representations regarding cancellation made by NCL, whether in its passenger contract terms or elsewhere. The rights granted to passengers in the NCL contract relating to the payment or refund of cruise fare and to cancellations by passengers shall not apply to you or be operative.
There will be no refunds given for those who do not show up on time, for unused tickets, or to those seeking refunds after the Cruise has commenced.
Please note the cancellation provisions of these Terms and Conditions apply to the Cruise, regardless of any representations made by NCL, whether in its passenger contract terms or elsewhere. The rights granted to passengers in the NCL Cruise Ticket Contract relating to the payment or refund of cruise fare and cancellations by passengers are superseded by these On the Blue Cruise Terms & Conditions and shall not be applicable.
RESERVATION CHANGES, TRANSFERS & FEES
The Passenger who places a reservation for a cabin onboard is considered the cabin’s “Primary” or “Main” passenger and is therefore solely responsible for initiating or authorizing all changes to the reservation. Downgrading your cabin to a cabin of lesser value is not allowed. Primary passenger name changes are considered a CABIN TRANSFER and are subject to a transfer fee paid to OTB of $299 USD. All new passengers are required to complete and agree to the Reservation Terms & Conditions before the change will be accepted.
IMPORTANT NOTE: Not all cabins can accommodate 3 and/or 4 guests. Cabins that hold more than two passengers are limited and we cannot guarantee that additional guests can be added to your cabin at a later date. Triple and quad occupancy cabins will only be assigned to those with more than 2 passengers in the cabin at the time of booking. Guests that plan to add additional guests, may attempt to do so, but are not guaranteed their stateroom will accommodate the new occupancy after the original booking date. This may require a change of cabin location or an upgrade of category, but this is also subject to availability.
In addition, if a guest is purchasing a VIP Cabin, VIP credentials are capacity controlled and therefore guests may not be able to be added to VIP cabins at a later date.
No transfer or change of a reservation to a NEW passenger shall be made without OTB’s prior written approval, to be given or withheld in OTB’s sole discretion. Subject to the preceding sentence, under no circumstances shall a Passenger or any person or entity acting on Passenger’s behalf (i) sell a reservation, cabin, or berth to any other person or entity for more than the price paid by the Passenger, or (ii) offer the reservation, cabin or berth to any other person(s) or entity(s) as a prize or award in a drawing, contest, lottery, sweepstakes, raffle or similar event of any kind; a transfer in violation of this sentence shall not be permitted, and the Primary passenger shall indemnify and hold harmless OTB from and against any damages, losses and claims suffered by OTB as a result of a violation by Primary passenger, or any other passenger listed on the reservation, of this paragraph. If a Primary or other passenger wishes to transfer the reservation, cabin or berth to a NEW passenger, the Primary passenger shall send a request in writing using our “Reservation Change Request Form” for approval of this transfer to OTB, along with (i) the reason for the requested transfer and a statement that the transfer will not violate this paragraph, (ii) the NEW passenger’s name, and (iii) a completed acceptance of and agreement to these Terms and Conditions from the NEW passenger. If the request is approved by OTB, the NEW passenger must make a deposit equal to the amount due based on the above due dates and/or full payment of the original amount paid on the reservation, whichever is more. Once that payment has been made, then the applicable amounts paid by the ORIGINAL traveler will be refunded directly to the original traveler. Any NEW passenger sailing with a reservation transferred to him/her in violation of this paragraph may be denied boarding by OTB or, in OTB’s sole discretion, removed by OTB from the Cruise at any port, at such NEW passenger’s sole cost.
CHANGES, TRANSFERS AND FEES:
Through July 3, 2023
Each cabin will be entitled to one (1) complimentary name change (excluding Primary passenger) or passenger addition, for second, third or fourth passengers, upon request in writing to the On the Blue Cruise Reservations Team. Any additional changes through July 3, 2023, will be assessed a $50 fee for each occurrence.
July 4, 2023 – October 2, 2023
Any changes made to a reservation between July 4, 2023 – October 2, 2023, including but not limited to, the addition of any guest not currently listed on the reservation will be assessed a fee of $100 per change.
October 3, 2023 – January 7, 2024
Any changes made to a reservation between October 3, 2023 – January 7, 2024, including but not limited to, the addition of any guest not currently listed on the reservation will be assessed a fee of $150 per change.
January 8, 2024 – March 6, 2024
Any changes made to a reservation between January 8, 2024 – March 6, 2024, including but not limited to, the addition of any guest not currently listed on the reservation will be assessed a fee of $250 per change.
March 7, 2024 – April 5, 2024
No changes will be allowed.
All reservation changes (name changes and transfers) must be submitted in writing by the Primary passenger using our “Reservation Change Request” link. Change links must be submitted by 5:30 pm Eastern Time by the above deadline dates. To request a form, please email the On the Blue Cruise Reservations Team at firstname.lastname@example.org. The date and time the form is received will be the date of the change/cancellation and will determine the applicable change fee/cancellation fees per the above schedule. Once the change has been approved, all applicable fees will be due within 24 hours. Failure to pay within that 24-hour period will result in a denial of the change request. No exceptions will be made.
RIGHT TO CHANGE ITINERARY
OTB and/or NCL reserve the right, at any time, to change the Cruise itinerary, including ports of call, duration of stays at ports, departure times, arrival times, embarkation times, and/or disembarkation times, whenever advisable or necessary, within their sole discretion. In such cases, OTB and/or NCL will NOT be responsible to passengers 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 cruise for any reason or cause whatsoever.
PORTS OF CALL
You assume sole responsibility for your own safety in any port of call. OTB and the other Released Parties do not guarantee your safety at any time and shall have no responsibility or liability for your safety in any port of call. 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. OTB and the other Released Parties assume no responsibility for gathering and/or disseminating any such information.
You acknowledge that existing or forecast of severe weather conditions, civil unrest, illness, communicable diseases, or other public health conditions on board or at scheduled ports of call or the cruise path, or other factors beyond the control of OTB and/or NCL may prohibit the ship from docking at scheduled ports of call or may advance or delay the time of arrival at or leaving from scheduled ports of call. In such case, OTB and/or NCL will NOT be responsible to passengers for any loss or expenses caused by reason of such inability to dock at one or more scheduled ports of call or change in arrival or departure times.
SHORE EXCURSIONS & CRUISE AMENITIES
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 to, gift shops, spa, beauty salon, fitness center, golf and art programs, children’s programs, day care, and video/snorkel concession) are operated by independent contractors and not by OTB. OTB 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 each of the Released Parties 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.
Infants must be at least 6 months old at the time of sailing.
Guests under the age of 21 must be traveling with a parent or responsible adult AND must be booked in the same stateroom or a connecting cabin.
Guests under the age of 21, traveling with a guardian 21 years or older, (who is not a parent, grandparent, or court-appointed legal guardian), MUST bring an original signed and notarized letter from the absent parent/legal guardian authorizing the minor to travel with the appointed guardian. This will expedite processing by the Department of Homeland Security. Please note that a notarized letter to this effect is highly suggested. In addition, the NCL Parent/Guardian Consent & Release Form must be filled out and presented at the pier during embarkation with the required identification (a copy of both parents/legal guardians driver’s license or other government issued identification).
Please note that adult guests are responsible for the safety and behavior of their minor guests.
Guest ages will be verified at embarkation. Guests not conforming to the requirements set forth herein will be denied boarding and assessed a 100% cancellation penalty. NO exceptions will be made at embarkation.
PASSPORT & LEGAL DOCUMENT REQUIREMENTS
Below are passport guidelines as of March 2023, however they are subject to change. We strongly encourage all guests to visit the Department of Homeland Security website (http://www.dhs.gov) or the Foreign Affairs & International Trade Canada website (http://www.voyage.gc.ca) for the most up-to-date traveler information, as applicable, including passport and visa requirements as well as travel advisories and safety recommendations.
Please Note: Guests who fail to have the required documents as determined by U.S. Customs & Immigration will be denied boarding and such guests shall not be entitled to any refund nor shall OTB and/or NCL Cruise Line, have any further liability to such guests.
Recommendation from OTB:
Although a passport is not required at this time for U.S. citizens taking “closed loop” cruises, we strongly recommend that all guests travel with a passport (valid for at least six months beyond completion of travel) for the following reasons:
IMPORTANT NOTE: Your name, as listed on your travel documents, must exactly match your name as listed on your Cruise documents.
All U.S. Citizens are required to carry ONE of the three sets of document options below:
#1 – U.S. Passport – RECOMMENDED – U.S. Passport must be valid through the dates of travel of the cruise as well as not expired and valid for at least six months beyond completion of travel.
#2 – Proof of Citizenship (see below) AND Government-issued valid photo ID
#3 – WHTI (Western Hemisphere Travel Initiative) Compliant documents – click here for more information
PLEASE NOTE: We have been informed by the Customs and Border Protection that they will NOT accept the following forms of ID:
These documents are NOT WHTI compliant documents, therefore, are NOT acceptable proof of citizenship.
ALL NON-U.S. CITIZENS MUST CARRY A VALID PASSPORT!
This passport must NOT Expire within (6) Months of the Return Date of the Cruise. A tourist visa may be required for entry into certain countries/ports of call. To confirm the specific documents required, please be sure to check with the proper authorities (such as your local immigration office) for each port that you are entering.
U.S. ALIEN RESIDENTS
In addition to a valid passport, U.S. Alien Residents holding an Alien Resident Card (ARC), also known as a “Green Card” must be in possession of the ARC to sail. U.S. Alien Residents who do not have their ARC with them at check in will be denied boarding. In some instances, ARC holders may still be required to have travel permits and/or visas to enter countries visited.
Card renewal is an important matter. ARC holders (United States permanent residents) with expired cards may be considered “out of status” and may be denied entry / reentry into the United States. If your ARC was issued over 10 years ago, you should check the expiration date printed on the front of the card. If your card is expired, or it is about to expire, you should renew your card before you sail.
If you are holding an old edition ARC WITHOUT an expiration date, you will not be detained from entering the United States, but U.S. Customs and Border Protection highly suggests that you apply for a new card before you sail.
On occasion, non-U.S. citizens and U.S. Alien Residents may be asked to surrender their passport and/or Alien Resident Card at time of embarkation. These documents will be returned upon completion of the Immigration inspection at the time of debarkation.
For additional information, visit:
Non-U.S. citizens require a valid machine-readable passport and a valid, unexpired U.S. Multiple Re-entry Visa, if applicable. Guests are advised to check with their consulate, or appropriate government authority to determine the necessary documents.
VISA WAIVER PROGRAM
All eligible international travelers who wish to travel to the United States under the Visa Waiver Program must apply for authorization. Citizens from the Visa Waiver Program countries seeking to enter the United States will be required to have in their possession a machine readable, biometric passport with a digital photograph valid for the duration of the voyage. Guests without proper identification may be refused boarding or entry into the United States.
A machine-readable passport has an alpha-numeric code like this on the bottom of the picture page:
For additional details about ESTA and/or the Visa Waiver Program please visit: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
For more information, to see if your country qualifies for the Visa Waiver program, and to apply for a travel authorization, see ESTA.
OTB and the other Released 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.
All guests must present the required documentation at embarkation. Guests without the required documentation will be denied boarding and no refund will be issued. NCL Cruise Line will strictly enforce this requirement to be in compliance with this important U.S. Government mandate.
DOMESTIC AIRLINE TRAVEL ID REQUIREMENTS FOR U.S. CITIZENS:
Beginning May 7, 2025, every air traveler 18 years of age and older will need a REAL ID-compliant driver’s license or another acceptable form of ID to fly within the United States. REAL ID compliant cards are generally marked with a star located in the upper portion of the card. If you’re not sure, contact your state driver’s license agency on how to obtain a REAL ID compliant card.
For more information on REAL ID and Air Travel, click HERE.
Family Legal 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.
INOCULATION & HEALTH
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 healthcare professional, or a Travel Medicine Specialist certified by the WHO for guidance. OTB and NCL shall be entitled to take such health precautions as may be recommended by CDC and/or WHO, such as, for example only, taking your temperature at any time and performing other tests recommended to prevent the spread of communicable disease. 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.
COVID-19 Vaccination and testing: It is NOT currently required that you be fully vaccinated against COVID-19 prior to the 2024 On the Blue Cruise OR that you be tested before embarkation, though this is subject to change based on revisions to NCL and/or CDC guidelines. Nevertheless, On the Blue Cruise staff and guests will be required to follow any and all health & safety protocols that have been put in place by NCL, the CDC and/or state and local governments within our itinerary at the time of our sailing. This applies to COVID-19 and beyond. Guests understand that these protocols are subject to change at any time and all guests must comply or they will be denied boarding. This includes, but is not limited to vaccinations required, testing requirements (as set forth in greater detail below), and masking.
PASSENGERS WITH SPECIAL NEEDS
By booking the Cruise, you represent and warrant to OTB and NCL that you, and those traveling with you, are physically fit to travel at the time of embarkation. Neither OTB nor NCL shall have any liability for damages or losses you suffer because you are not physically fit to travel.
Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who will be up to 23 weeks pregnant by the end of the cruise are required to produce a medical certificate of fitness to travel. NCL cannot, for health and safety reasons, carry passengers who are 24 weeks or more pregnant at the time of embarkation and shall have no responsibility or liability for damages or losses of any kind suffered by such Passengers during the Cruise. NCL reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if NCL and/or the ship’s Master are not satisfied that the Passenger will be safe during the passage.
Boarding will be denied to any person who will enter her twenty-fourth week of pregnancy by the time of the Cruise or during the cruise and to infants under six months old. You must notify OTB 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 the Released Parties from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. OTB and NCL 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 assume all risks associated with travel and transportation on the Cruise (another reason it is highly recommended that you purchase travel insurance). When looking into travel insurance, it is important to research and understand what is covered under your policy. 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 OTB and/or NCL in the event that either party, 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. Neither OTB nor NCL shall have any responsibility to advance any such costs.
NCL and OTB assume no responsibility for luggage. Any luggage left at the pier or on the vessel after final debarkation will be forwarded to guest’s address only at the guest’s expense. Claims for luggage loss or damage must be made in writing to debarkation personnel prior to leaving the pier area. All luggage must be stored in the Passenger’s cabin. Pets, dangerous or illegal items such as weapons, explosives, combustible substances, non-prescription controlled substances, or illegal drugs may not be brought onboard the ship. Any such items shall be surrendered to security at embarkation and may be disposed of at the sole discretion of NCL. All luggage, both hand-carried and checked, is subject to search.
OTB and NCL assume no responsibility or liability for loss, including by theft, of your luggage and/or possessions during the Cruise. You are encouraged to NOT bring valuable items.
You acknowledge that while all rooms within a cabin category are substantially similar, they may differ in minor ways in terms of size and/or layout. At no time is cabin configuration guaranteed.
Your selection of a roommate for the Cruise is at your own risk. If you request OTB to select or assign a roommate for you, OTB will do so as an accommodation to you, but you acknowledge that this selection or assignment shall be at your own risk, as (i) OTB does not “vet” potential roommates in any way or investigate the potential compatibility of roommates, and (ii) OTB makes no representations or warranties of any kind to you as to the compatibility, suitability, or background of any roommate assigned to you. OTB and its Released Parties are not responsible nor liable to you in any way for any and all claims or cause of action arising out of or in connection with your selection of a roommate for the Cruise or the assignment of a roommate to you by OTB, including, without limitation, any claims arising out of injuries or damages suffered by you to your person or property which may be caused, directly or indirectly, in whole or in part, from such request, selection or assignment. For example, OTB and the Released Parties shall have no responsibility, obligation, or liability to you in the event of fights between roommates, sexual or other harassment by your roommate, or other inconsiderate behavior by your roommate. OTB shall have no obligation or responsibility of any kind, or for any reason, to separate and move you or your roommate into other accommodations on board.
NO SALE OF MERCHANDISE BY YOU
You may not sell, promote, distribute, or offer for sale any merchandise, goods, souvenirs, or other products on the Cruise without first obtaining OTB’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 (Miami).
PHOTOGRAPHY & VIDEO
OTB and/or its promotional partners will have photographers, videographers and the like on the Cruise to film or photograph Passengers, and OTB and/or its promotional partners shall have the exclusive right to use or include photographic, video and other visual portrayals of Passengers in any medium of any nature whatsoever, worldwide, in perpetuity, for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Passengers, and all rights, title and interest therein (including all worldwide copyrights therein) shall belong to OTB and shall be OTB’s sole property, free from any claims by Passengers or any person deriving any rights or interest from Passenger. A photo and/or video crew will be shooting photographs and footage to be used for the promotion of future OTB events. When the video team or camera crew is shooting in any particular location/venue on the ship, your presence in said location/venue constitutes your irrevocable permission for your likeness to be used in the video or photograph by OTB and/or its promotional partners for their future promotional videos or still pictures, worldwide, in perpetuity, in all media. If you do not wish to be filmed, please notify the video or camera crew, and be prepared for them to ask you to exit the location/venue for a short time until taping/shooting is complete.
PHOTO POLICY FOR PASSENGERS
Guests may be permitted to take photos onboard the cruise and during performances with small, non-professional digital cameras and cell phones. Out of respect for our performers and your fellow guests, we ask that you please NOT use flash during shows. Professional quality cameras with detachable lenses and video specific cameras are strictly prohibited. In addition, any and all videotaping or audio recording of performances, appearances, Q&As, etc. is prohibited.
REFUSAL OF PASSAGE
Transportation on the Cruise may be denied to any person who, in OTB or NCL’s sole discretion: (1) is or becomes in such a condition as to be unfit to travel; (2) is dangerous or obnoxious to others; (3) has a communicable disease or illness that may be harmful to others (including testing positive for COVID-19); or (4) is inadmissible to the country under the laws of any country of debarkation. In addition, OTB and NCL reserve the right to refuse passage, to disembark or to confine to a stateroom any Passenger whose physical or mental condition or behavior they consider, in OTB and/or NCL’s sole discretion, to constitute a risk to the person’s own well-being or the well-being of any other person, and such person waives all claims relating to such actions by OTB and/or NCL. OTB and/or NCL have the right to disallow booking or boarding to any Passenger, who in the opinion of OTB and/or NCL may impact the cruise, the business or reputation of OTB and/or NCL, other Passengers, or artists in a negative or disruptive way. OTB and NCL shall have full discretion and unilateral rights to make any such decisions. The Released Parties shall have no liability to any such person or any third party for damages or claims arising out of any such decisions described in this paragraph. Any costs resulting from OTB and/or NCL’s decision, including, without limitation, costs of lodging and transportation, shall be the responsibility solely of the Passenger.
Passenger, or if a minor, his or her parent or guardian, shall be liable to, and shall reimburse NCL, OTB, and the other Released Parties for, any damage to the Released Parties’ property, the Vessel, the Transport or any property of NCL or OTB, or claims or losses suffered by or made against NCL and/or OTB, caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger; and Passenger, or if a minor, his or her parent or guardian, shall further indemnify NCL, OTB, and the other Released Parties and each and all of their agents and servants against all liability which the Released Parties may incur towards any person or company or government for any personal injury, death or damage to property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of Passenger.
If, during the Cruise, Passenger feels that his/her safety is jeopardized by the act of any person, or if Passenger is injured by the act of any person or in any other incident (collectively referred to as an “Incident”), Passenger shall immediately report this Incident to the OTB Hospitality Desk onboard the Cruise. In such instance, Passenger shall cooperate with OTB in any investigation of the Incident that OTB may conduct, in OTB’s discretion. Passenger acknowledges that a failure to report any Incident to OTB during the Cruise will hinder and possibly prevent OTB’s ability to investigate such Incident, and in the event of such failure to timely report prior to the end of the Cruise (i) OTB and NCL shall have no liability or responsibility to Passenger or others arising out of the Incident, and (ii) Passenger irrevocably waives the right to make any claim and/or to seek damages of any kind against OTB, NCL and/or the Released Parties arising out of or relating to the Incident.
Passenger has a duty to exercise reasonable care and prudence in Passenger’s conduct during the Cruise. In the event Passenger fails to exercise such care and prudence and suffers injuries as a result, OTB and NCL shall have no liability or responsibility to Passenger for such injuries, and Passenger irrevocably waives the right to make any claim and/or to seek damages of any kind against OTB, NCL, and/or the Released Parties arising out of or relating to such injury.
PASSENGER CONDUCT; RULES
During the Cruise, Passenger shall abide by and conduct him/herself in accordance with all rules, regulations, and directions of OTB and/or NCL (the “Rules”), including the Rules set forth in these Terms & Conditions and the Rules of which Passenger is made aware during the Cruise (including all COVID-19 safety/health protocols). The Rules include, but are not limited to, the following: during a performance, presentation, question and answer session, or other event, Passenger shall not (i) attempt to move onto a stage on which any artist is performing, (ii) climb onto poles or other structures near the stage, (iii) throw anything onto or towards the stage, or (iv) do anything that may interfere with a performance, with the audience’s enjoyment of the performance, or with the safety of any person. Passenger acknowledges that there may be security personnel present at performances to enforce the Rules and to protect the performers and the enjoyment of the performances by the audience. Passenger agrees to immediately comply with the requests of security personnel.
During the Cruise, including all performances and events, it is forbidden for Passengers to:
In the event of a violation of the Rules or these Terms & Conditions by Passenger during a performance and/or the Cruise, Passenger acknowledges that security personnel will act quickly to protect the artists, other passengers, and cruise and OTB personnel, and to prevent Passenger from disrupting the performance or creating safety issues for others. Such action may include prohibiting Passenger from attending Cruise performances and events, and/or removal from the Cruise. Passenger hereby irrevocably releases OTB and/or NCL from any injuries, claims or losses suffered by Passenger as a result of the actions of security or other personnel (including physical acts) or actions of other passengers in the event of Passenger’s violation of these Rules or Terms & Conditions.
Passenger shall not put any person in danger for their safety or well-being or engage in a fight or other altercation with any person, onboard the Cruise.
In the event of a disruption of a performance by Passenger in violation of the Rules, or a fight in which Passenger is a participant, OTB and/or NCL shall have the right, in its discretion, to remove Passenger from the performance, to bar Passenger from future performances during the Cruise, to remove Passenger from the Cruise at any port (at Passenger’s sole expense), and/or to ban Passenger from attending any future NCL or OTB cruises and/or events (including a cruise or event run by any companies affiliated with NCL or OTB). In the event of any other violation of these Standard Terms and Conditions or Passenger Rules by Passenger, OTB and/or NCL shall have the right, in their discretion, to remove Passenger from the Cruise at any port (at Passenger’s sole expense) and/or to ban Passenger from attending any future NCL or OTB cruises (including a cruise by any companies affiliated with NCL or OTB).
ZERO-TOLERANCE DRUG POLICY
OTB has 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 responsible individuals being turned over to the local law enforcement officials for appropriate legal action, in OTB’s discretion. In such cases, no refund shall be given, and OTB and NCL shall not be liable for any refund or other compensation or damages.
LIQUOR & BEVERAGE POLICY
Guests are prohibited from bringing any alcoholic beverages (excluding wine and champagne), non-alcoholic beverages, or any food onboard. Guests may bring bottles of wine and champagne; however, a corkage fee will be charged by NCL according to bottle sizes.
Passenger acknowledges and accepts the NCL Smoking Policy as outlined in the NCL Cruise/Cruisetour Ticket Contract, which can be found on NCL’s website at: www.ncl.com. In addition, all Passengers agree to comply with onboard smoking rules as outlined in the Daily Program and/or as directed by ship’s personnel.
LIMITATION OF LIABILITY; RELEASE
You acknowledge and understand that producing musical performances/productions and appearances on a cruise ship involves building a stage, installing lighting and sound equipment, and setting up other related equipment, including wiring and electrical equipment. OTB will use good faith efforts to do this in a safe manner. Nevertheless, you are directed to stay away from and not touch any such materials or equipment, as improper use or interference with such materials or equipment can result in injuries to your person, including, but not limited to falls. In addition, you are solely responsible to avoid any contact whatsoever, whether purposeful, inadvertent, or accidental with any performance production, or appearance related materials or equipment that may be present in the general vicinity of the staging areas around the ship. As set forth below, OTB, NCL, and the Released Parties shall have no responsibility or liability for any injuries you suffer as a result of your purposeful, inadvertent, or accidental contact with such materials or equipment.
By booking the Cruise, you (the Passenger) and all persons booked on your reservation hereby release and hold harmless the Released 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 (which may be physical and/or emotional), illness (including COVID-19 or other communicable disease), death (for any reason, including communicable disease) 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, exposure to other Passengers, ship crew, and/or talent, conditions on board the cruise ship, Passenger’s use of or participation in any shore excursion, conditions at any port of call, and/or on board concession or athletic or recreational activity; (2) injury (which may be physical and/or emotional), illness, death or delay of Passengers which may be caused, directly or indirectly, in whole or in part, from Passenger’s venturing into areas containing equipment relating to performances, Cruise events, and/or celebrity appearances (for example only, if Passenger is injured as a result of tripping over a lighting cord or sound equipment); (3) if Passenger is injured as a result of diminished capacity caused by alcohol or drug intake; (4) your request for or selection of a roommate for the Cruise or the assignment of a roommate to you if no request is made by you; (5) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances (except when such damages were caused by the Released Parties’ negligence and resulted from the same Passenger’s sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to have been intentionally inflicted by the Released Parties); (6) any postponement or cancellation of the Cruise (except as otherwise set forth herein); (7) any change in scheduled Cruise events, musical artist appearances, and/or celebrity appearances; (8) violation of the Rules (including COVID-19 safety protocols) by you; or (9) injury, illness, or death caused by other Passengers or your exposure to other Passengers, talent, and/or crew and/or spread of contagions among Passengers, talent, and/or crew; or (10) if NCL exercises its rights set forth herein. You further agree that the Released Parties shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by any of the Released Parties, nor for any intentional or negligent acts of any of the Released Parties’ employees committed while off duty or outside the course and scope of their employment.
OTB and NCL will use reasonable precautions to try to prevent the spread of diseases on board during the Cruise, but it cannot make any guarantees in this regard, and cannot guarantee that passengers, talent, and crew are and will be free of communicable diseases. As a result, as set forth above, OTB and NCL shall have no responsibility for any illnesses (including, but not limited to, COVID-19) contracted by Passengers as a result of exposure on-board during the Cruise, and/or for any damages or losses suffered by Passengers (including, but not limited to, medical expenses), including death, as a result of exposure to other Passengers, talent and crew during the Cruise.
Except where prohibited by law or as covered by the Federal Arbitration Act, Title 9, U.S. Code, (“AAA”) you (the Passenger) expressly agree that (1) 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 attorney’s fees; and (2) you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.
In the event that an arbitrator or court of competent jurisdiction holds any of the foregoing to be unenforceable, then the Released Parties’ liability shall be limited to the maximum extent permitted by law. In addition, in such case:
THE EXCLUSIONS OR LIMITATIONS OF LIABILITY OF THE RELEASED 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 THE RELEASED PARTIES, TOGETHER WITH THE EMPLOYEES AND SERVANTS OF EACH OF THE FOREGOING. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL THE RELEASED PARTIES OR NCL BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.
CANCELLATION OR POSTPONEMENT OF CRUISE BY OTB AND/OR NCL
In the event of labor strikes or disputes, lockouts, extreme weather, government restriction, illness of key personnel, public health issues (i.e., viruses, diseases, contagions, pandemics, air quality or other health or environmental issues that might affect the health of Passengers and/or crew), earthquake, tornado, tsunami, flood, medical or lifesaving emergencies, unexpected vessel damage or unavailability, war, riots, civil unrest, or for any other reason whatsoever primarily beyond the control of OTB and/or NCL (each of the above is a “Force Majeure Event”), OTB and/or NCL in their sole discretion, may:
(i) cancel, advance, or postpone the Cruise in part or in its entirety;
(ii) cancel, cut short, or extend any stop at a port of call;
(iii) alter the Cruise itinerary;
(iv) reduce the duration of the Cruise;
(v) provide for alternate, land-based accommodations at a port of call; and/or
(vi) substitute another vessel.
In the event of cancellation of the Cruise because of the occurrence of a Force Majeure Event, there are no refunds of your fare/ticket price In the event of cancellation of the Cruise because of the occurrence of a Force Majeure Event, there are no refunds of your fare/ticket price paid. OTB’s sole obligation to you shall be to provide you with a credit, equal in amount to your fare/ticket price paid (or pro-rata price if the Cruise is cancelled after embarkation), toward a future OTB Cruise or comparable OTB alternative land-based event.
In the event of a postponement of the Cruise because of the occurrence of a Force Majeure Event, there are no refunds of your fare/ticket price paid. OTB’s sole obligation to you shall be one of the following, at your option: (i) Once the postponed Cruise is rescheduled and dates are announced, your reservation will be moved to a comparable room on the rescheduled Cruise or comparable OTB alternative land-based event, at no additional cost to you (excluding any and all transportation costs to and from the rescheduled Cruise or Event); or (ii). If you notify OTB within 30 days after your being notified of the rescheduled Cruise dates that you are not available to attend the rescheduled Cruise or comparable alternative land-based event, you will receive a credit equal to your fare/ticket price paid toward a future OTB Cruise or OTB alternative land-based event.
In the event of cancellation or postponement of the Cruise for reasons that are primarily within OTB’s control (for example, for reasons other than a Force Majeure Event, but not including reasons caused substantially by NCL), OTB’s sole obligation to you shall be one of the following, at your option, (i) to return your fare/ticket price paid, less a pro-rata deduction if the Cruise is only partially cancelled, or (ii) to give you a credit equal to your fare/ticket price paid towards a future OTB cruise or OTB alternative land-based event.
OTB will not knowingly sell more cabins than the available number of cabins set forth in its agreement with NCL. However, in the event NCL reduces the available number of cabins for the Cruise below the number stated in its agreement with OTB for any reason (for example only, for reasons of safety, Passenger health, or in order to comply with government safety/health guidelines related to COVID-19), and if OTB at the time of such reduction has already accepted more cabin reservations than would be available because of such reduction, OTB may, in its sole discretion, have to cancel your reservation. In such an event, OTB’s sole obligation to you shall be one of the following, at your option, (i) to return your fare/ticket price paid, or (ii) to give you a credit equal to your fare/ticket price paid towards a future OTB cruise or OTB alternative land-based event.
OTB shall not be held responsible for Passenger deposits held by NCL, but not refunded to OTB, upon cancellation as a result of a Force Majeure Event.
Other than as set forth above, NCL, OTB and the Released Parties shall have no liability of any kind to Passengers for any loss, liability, or claims whatsoever in connection with (i) the cancellation or postponement of the Cruise, (ii) change in itinerary or ports of call, (iii) duration of the Cruise, and/or (iv) the vessel deployed for the Cruise.
Please note that the availability of any refund for travel insurance and/or other travel products (airfare, hotel, car rental) you may purchase, even if purchased in conjunction with the Cruise, is not within OTBC LLC’s control and will be determined (if at all) by your insurance provider or other applicable provider in accordance with the applicable cancellation policies of the provider for such insurance or other products or services. OTB and NCL are not the providers of travel insurance and/or other such travel products and have no responsibility for or liability in connection with such products.
ARTIST CANCELLATION, ILLNESS, FAILURE TO APPEAR OR PERFORM
OTB has entered into an agreement with each performing artist or band during the Cruise, as applicable, under which the artist or band is to be present on board the Cruise and appear and perform in accordance with terms specified therein. However, neither OTB nor NCL shall be liable or responsible in any way to Passengers or others for the failure of any artist or musician (including an artist or musician who is a member of a band), to appear on board to perform under artist’s (or the band of which artist is a member) agreement with OTB, or to give a performance that is satisfactory to Passengers. Further, neither OTB nor NCL shall be liable or responsible for any loss, damage, cost, or expense of any kind (including, but not limited to, actual damages, consequential damages, or travel-related expenses or damages) to any Passenger or any other person or entity (i) in the event that such performance or appearance does not occur because of the failure of any artist or musician to appear on board or to perform pursuant to such artist, band, or musician’s agreement with OTB, (ii) because such appearance or performance by an artist, musician or band is prevented or caused by or results directly or indirectly from any act of God, war, fire, illness, public health issues (i.e., viruses, diseases, contagions, pandemics, air quality or other environmental issues that might affect the health of the artist, musician or band) collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the vessel (for which the Master of the vessel shall be the sole judge), breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by governmental authority, illness or death of artist, illness or death of a family member of artist, or any other cause or circumstance beyond OTB’s reasonable control, or (iii) artist’s appearing on board but being unable or unwilling to satisfactorily fulfill all of artist’s responsibilities required under its agreement (or the agreement of the band of which artist is a member) with OTB. In the event of any failure of contracted artists (including an artist who is a member of a band that has contracted with OTB) to perform during the Cruise through no substantial fault of OTB, OTB, in its sole discretion, may (but shall have no obligation to) engage a replacement artist, band, or artists, schedule additional performances by other artists appearing on board, or may change, postpone or terminate all or any part of the Cruise or the entertainment program or change the program or itinerary. Regardless, OTB, shall have no liability of any kind to any Passenger for any loss, damage, cost, or expense whatsoever suffered or incurred by Passenger by reason of such change. If any contracted artist(s) or musician(s) (including an individual artist or musician who is a member of a band contracted to perform on the Cruise by OTB) does not appear on board to perform during the Cruise, or appears on board but is unable to or does not perform on board through no substantial fault of OTB, Passenger shall have no right to cancel his/her agreement with OTB with respect to the Cruise, to receive any refund of any monies paid to OTB in connection with the Cruise, or to receive any other monies or remedy from OTB, and OTB shall have no liability or responsibility of any kind to Passenger, including but not limited to liability for actual damages, consequential damages, or travel-related expenses or damages.
COVID-19 (AND OTHER DISEASES) PROVISIONS
As of October 4, 2022 – Vaccination of passengers against COVID-19 (including boosters), is NOT currently required before boarding the Cruise. In addition, guests (regardless of vaccination status) are NOT currently required to show proof of a negative COVID-19 test, though this is subject to change based on revisions to NCL and/or CDC guidelines.
However, On the Blue Cruise staff and guests will be required to follow any and all health & safety protocols that have been put in place by NCL, the CDC and/or state and local governments within our itinerary at the time of our sailing. This applies to COVID-19 and beyond. Guests understand that these protocols are subject to change at any time and all guests must comply or they will be denied boarding. This includes, but is not limited to vaccinations required, testing requirements, and masking.
For the safety of passengers and crew, OTB and NCL will endeavor to comply with recommendations of the Centers for Disease Control and Prevention (CDC) on the Cruise to the extent practicable. You agree to comply with all standards of conduct, rules and regulations, protocols, and travel restrictions imposed by OTB and/or NCL (whether imposed before or during the Cruise) in order to help prevent the spread of COVID-19 or other diseases, including, without limitation, the following (and which are subject to change based on CDC recommendations:
For the safety of persons on the Cruise, if Passenger believes he/she has contracted COVID-19 during the Cruise, Passenger shall report this to the OTB Hospitality Desk. Similarly, if Passenger tests positive for COVID-19 within 3 weeks after the end of the Cruise, Passenger is requested to advise OTB by emailing the reservations team at: email@example.com, so that OTB can comply with appropriate health-authority guidelines.
If Passenger tests positive for COVID-19 while on the Cruise, Passenger agrees to follow procedures established by OTB and NCL to ensure the safety of other persons on the ship, including but not limited to, quarantining of Passenger for the remainder of the Cruise.
If a threshold level of COVID-19 or other diseases that the vessel Master or NCL deems unsafe to passengers is detected onboard the Cruise ship during your voyage, the voyage will end immediately, the ship will return to the port of embarkation, and your subsequent travel, including your return home, may be restricted, or delayed. Health and safety protocols, guest conduct rules, and regional travel restrictions are constantly evolving and are subject to change without notice.
The cruise ship itself is controlled and operated by NCL, not OTB. Passenger acknowledges and agrees that OTB shall have no responsibility or liability of any kind to Passenger for any issues, claims or damages of any kind arising because of conditions on the ship itself – such as, but not limited to, mechanical issues on board, ship equipment, facilities provided on board (i.e., swimming pool, bars, furniture, etc.) food and beverages served on the ship, lodging conditions (including beds, room furniture, plumbing, electrical), and/or ship health and safety issues.
DECISIONS OF NCL
You will receive NCL Cruise Ticket Contract Terms and Conditions (the “NCL PASSENGER CONTRACT”) with your Cruise ticket. The NCL Cruise Ticket Contract constitutes your agreement with NCL. The NCL Contract provides that NCL may exercise its rights in a variety of matters, including, without limitation: (i) it has the 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; (ii) it has the right to make a decision to comply with any order, recommendation or direction given by any government or other person or OTB, including to cancel the remainder of the Cruise for health and public safety reasons; and (iii) it has the right to make a decision to deny boarding to, confine to a stateroom or disembark any Cruise Passenger. The Released Parties (as defined above) 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 NCL exercising any of its rights as provided in the NCL Terms. Without limiting the foregoing, the Released 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 NCL exercise of its contractual rights.
UPLIFT PAY MONTHLY SERVICE
On the website for the Cruise, OTB may include information about, and a link to, the Uplift Pay Monthly service, a service offered by Uplift, Inc. (“Uplift”) that can offer qualified Passengers an option to finance their Cruise fare. This information and link are included by OTB solely as an accommodation to its Passengers; OTB is not involved in Uplift’s financing decisions, OTB does not have any ownership or other financial interest in Uplift, and OTB does not receive any compensation of any kind from Uplift for Passengers’ use of the Uplift Pay Monthly service. Passengers are under no obligation to use the Uplift Pay Monthly Service. Passengers should do their own due diligence to determine whether the Uplift Pay Monthly services is a good option for them. OTB makes no representations or warranties of any kind about Uplift or the Uplift Pay Monthly service and shall have no liability of any kind relating to any agreements you may enter into, or your dealings, with Uplift, Inc. or its affiliates.
If a Passenger wishes to submit a loan application to Uplift to finance their Cruise fare, you may do so by clicking on the Uplift link provided on OTB’s website for the Cruise, and you will be re-directed to Uplift’s website, through which your application may be made. Use of Uplift’s website is subject to Uplift’s terms and conditions and policies, and OTB is not responsible in any way for your use of Uplift’s website. As part of your loan application, Uplift will require your Cruise booking information. If you elect to submit a loan application to Uplift that is initiated by clicking on this link, you thereby give OTB consent to provide your Cruise booking information to Uplift for use by Uplift in evaluating your loan application and any other use that may be permitted by Uplift’s terms, conditions, and policies. Any other personal information you provide to Uplift as part of your loan application (for example, relating to your creditworthiness) will be provided by you directly to Uplift, not to OTB, and OTB bears no responsibility for the use of this information. The determination regarding whether to grant you a loan or not lies solely with Uplift and OTB is in no way involved in, and shall have no liability relating to, Uplift’s determination as to whether or not to finance your Cruise fare.
RESOLUTION OF DISPUTES; ARBITRATION; WAIVER OF JURY TRIAL; WAIVER OF CLASS ACTION
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE CRUISE, YOUR USE OF THE CRUISE AND/OR OTBC WEBSITE, AND/OR TO PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY OTBC OR THROUGH OTB, WILL BE RESOLVED BY BINDING, CONFIDENTIAL, INDIVIDUAL ARBITRATION (i.e., THE RIGHT TO BRING A CLASS ACTION IS WAIVED), RATHER THAN IN COURT, with the following exception:
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. For the avoidance of doubt, the arbitrator can award injunctive relief.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: OTB – 30 N. Gould St, Suite R Sheridan, WY 82801 Attn: President. Arbitration will be conducted by the American Arbitration Association (AAA) pursuant to its rules for commercial arbitration before a single arbitrator. The arbitration shall be confidential, conducted before a single arbitrator selected by the parties in accordance with the AAA rules and shall take place exclusively in the State of Wyoming, applying Wyoming law unless provided otherwise herein. Payment of all filing, administration and arbitrator fees will be governed by AAA’s rules.
We each agree that the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class action, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible, and otherwise under Wyoming law.
LIMITATION OF DAMAGES; CHOICE OF LAW
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 Wyoming, without giving effect to any choice of law or conflict of law rules other than the FAA (whether of the State of Wyoming or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wyoming. In no event may punitive, consequential, or indirect damages be awarded.
NCL reserves the right to substitute the Cruise vessel. Any consequences arising out of NCL’s exercise of this right shall be governed by the agreement between NCL and OTB, and not by the NCL agreement with you, the Passenger. Furthermore, in the event of any conflict between the NCL Terms and these Terms and Conditions, these Terms and Conditions will prevail. In addition, NCL and/or OTB may reassign cabins as determined necessary or desirable by the Vessel’s Safety Department or OTB, in their sole discretion.
All trademarks are the exclusive property of their respective owners, and you shall have no rights to use or display any such trademarks, including but not limited to trademarks of OTB and NCL, without the express written permission of the trademark owner.
The information contained on this page and in other pages and material relating to the Cruise, including any information regarding musical artists, performances, celebrity participation and programmed events, is subject to change at any time, in the good faith discretion of OTB. The Released Parties are not responsible for any errors, changes and/or omissions resulting in pricing, inventory, or content discrepancies.
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 the Released Parties shall not be liable for any representation made by said travel agent. Passenger shall at all times remain liable to OTB for the price of the reservation.
In addition to the restrictions and exemptions from liability provided in these Terms and Conditions, the Released Parties shall have the full benefit of any applicable laws providing for limitation and exoneration from liability, and nothing contained herein is intended to operate to limit or deprive the Released Parties of any such statutory limitation of or exoneration from liability. Without limiting the foregoing, the Released 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 Released 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 OTB and Passenger (and all persons included on the Passenger’s reservation) 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 OTB. 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.
** The above Terms & Conditions are subject to change at any time in OTB’s reasonable judgment**
The Terms and Conditions found in both NCL’s Refusal to Transport Policy and the Cruise Ticket Contract found at the links below, are incorporated into the On the Blue Cruise Terms and Conditions and made a part hereof: