ALASKAN DREAM CRUISES TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) govern the delivery of services by Alaska Catamaran, LLC, an Alaska limited liability company doing business as Alaskan Dream Cruises (“Alaskan Dream Cruises”) and each person purchasing, accepting, or using the services of Alaskan Dream Cruises (“Passenger”).

  1. Applicability. The accompanying “Order Confirmation” and these Terms comprise the only, and entire, agreement (collectively, the “Contract”) between Passenger and Alaskan Dream Cruises, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, in any media. In the event of any conflict between these Terms and the Order Confirmation, these Terms will prevail and govern. Additionally, every Passenger making a reservation on behalf of another Passenger is responsible for informing such other Passenger of these Terms.
  2. Cruise Details.
    1. Cruise. Upon receipt of the applicable, full fare for each Passenger (the “Passenger Fare”), Alaskan Dream Cruises agrees to provide Passenger with the cruise services (collectively, the “Cruise”) on board the vessel (the “Vessel”) as specified on the Order Confirmation, subject to these Terms.
    2. Booking Reservations. Online booking capability for each Cruise is provided by FareHarbor. This online booking software company allows Passenger to view Alaskan Dream Cruises’ real-time stateroom availability and book at any time. FareHarbor charges a 6% service fee for all bookings made online, which is directly charged to, and paid by, Passenger in addition to charges of Alaskan Dream Cruises. Cruises can also be made through a travel professional or directly by calling Alaskan Dream Cruises at 855-747-8100.
    3. Reservation and Payment.
      1. Deposit. To confirm Passenger’s Cruise reservation, a deposit of 15% of the total Passenger Fare is required (“Deposit”). Passenger must pay the Deposit within 5 days of making the reservation. Passengers may pay using a credit card, a personal check, or by ACH or wire transfer of immediately available funds.
      2. Final Payment. The remaining amount due on the Passenger’s cruise reservation must be paid no later than 90 days prior to the Cruise’s departure date. If payment of the Passenger Fare is not timely received, confirmed reservations will be cancelled with rebooking subject to space availability. Any such cancellation without rebooking will be subject to the following subsection d.
    4. Change Fee. If, after Alaskan Dream Cruises confirms Passenger’s booking, Passenger wishes to change his/her booking, Alaskan Dream Cruises will strive to honor Passenger’s wishes. In addition to other charges that may result from any such change, Passenger shall pay to Alaskan Dream Cruises a change fee in the amount of $100.00, provided that no change fee will apply to an Upgrade made under Section 9 below or any other upgrade from the class of service that was originally purchased by Passenger to a higher class of service.
    5. Cancellation and Deposit Withholding.
      1. Passenger Cancellations. Alaskan Dream Cruises relies on Passenger’s reservation and receipt of Passenger’s Deposit and full Passenger Fare for purposes of planning and outfitting the Cruise and for exclusively holding accommodations in Passenger’s name to the exclusion of others. In view of the difficulty of accurately ascertaining the actual loss and damages that Alaskan Dream Cruises will suffer by reason of Passenger’s cancellation of his/her confirmed reservation, Passenger agrees that, in place of such actual damages, the following schedule of withholding from Passenger’s payment of the Deposit and Passenger Fare constitutes fair and reasonable liquidated damages (and not a penalty) that Alaskan Dream Cruises may assess on Passenger’s cancellation of a confirmed reservation for any reason. Passenger’s cancellation of confirmed reservations for any reason is subject to the following schedule for withholding of funds:
        • 120+ days prior to Cruise departure date: 50% of Deposit is withheld
        • 119-90 days prior to Cruise departure date: 100% of Deposit is withheld
        • 89-45 days prior to Cruise departure date: 50% of Passenger Fare is withheld
        • 44-0 days prior to Cruise departure date: 100% of Passenger Fare is withheld
      2. Refunds. Upon Passenger’s cancellation of a confirmed reservation for any reason, Passenger will only receive a refund of the non-withheld portion (if any) of their paid Deposit or Passenger Fare, as applicable, as set forth in the schedule above.
      3. Non-Performance Refund. If Alaskan Dream Cruises cancels or delays a Cruise by 3 or more days and Passenger does not elect to embark on the delayed Cruise or a substitute Cruise offered by Alaskan Dream Cruises, Passenger may receive a full refund of the Deposit or Passenger Fare, as applicable. Claims for a refund must be submitted to refunds@alaskandreamcruises.com within 60 days of the scheduled end date of the canceled or delayed voyage. Refunds will be issued through the original booking agent and valid claims will be paid within 90 days of receipt of written submission. Any travel insurance you may have purchased may provide additional remedies.
    6. Travel Insurance. Alaskan Dream Cruises recommends Passenger’s purchase of “travel insurance” to protect Passenger from covered cancellations specified in the policies. Alaskan Dream Cruises will assist with obtaining travel insurance through Travel Guard upon Passenger’s request through Alaska Dream Cruises’ reservations department or website at https://www.alaskandreamcruises.com/.
    7. Included with Passenger Fare. The following services are included in the Passenger Fare:
      1. Selected Passenger cabin facilities
      2. All meals aboard the Vessel or where otherwise indicated
      3. Selected shore excursions as indicated in itinerary (subject to “Excursions Disclaimer” below)
      4. Ground transportation to and from the Vessel’s location at time of embarkation and disembarkation
      5. Ground transportation from the local airport to selected hotels at the Vessel’s location the day before or the day of Vessel embarkation
      6. Ground transportation from selected hotels at the Vessel’s location to the local airport the day of or the day after Vessel disembarkation
      7. Use of recreational equipment as indicated in itinerary
      8. All standard onboard services
    8. Not Included with Passenger Fare. Unless otherwise specified in the Order Confirmation, the Passenger Fare does not include the following:
      1. Airfare to and from your home city
      2. Beer, wine, and other alcoholic beverages
      3. Gratuities to crew
      4. FareHarbor and other travel agent charges
      5. Travel insurance
      6. Taxes and port fees
    9. Excursions Disclaimer. Please be advised that all shore excursions available during the Cruise are provided by third-party operators independent of Alaskan Dream Cruises. Any changes, cancellations, or alterations to a shore excursion are beyond the control of Alaskan Dream Cruises. Accordingly, Alaskan Dream Cruises assumes no responsibility or liability for any changes, cancellations, or alterations related to shore excursions; and no refunds will be made for any changes, cancellations, or alterations of shore excursions by third-party operators. The foregoing sentence applies even in those instances where Alaskan Dream Cruises attempts in its best efforts to book Passenger on a shore excursion to substitute a changed, canceled, or altered shore excursion.
    10. Non-Transferable. Each Passenger’s reservation and Passenger Fare are nontransferable.
  3. Passenger Responsibilities.
    1. Travel and Health Documentation. Passenger assumes all responsibility for and shall have upon embarkation all passports, visas, and other travel documents, including health and vaccination certificates, which are or may be required by governmental or other authorities before, during, or after the Cruise. Passenger may be denied boarding without refund if Passenger does not have full and proper documentation.
    2. Follow Vessel Rules. Passenger shall obey all instructions and orders of the Vessel’s captain, crew, and naturalists, and shall be bound by and comply with all rules and regulations established from time to time by Alaskan Dream Cruises and on board the Vessel respecting the carriage of Passengers and their property and for the general comfort and safety of those aboard the Vessel. Passenger shall also comply with all applicable laws and regulations.
    3. Minors. Passenger shall take complete responsibility for the behavior, care, actions, and safety of, and the compliance with these Terms by, any and all minors traveling with or in the care of Passenger, whether or not related to Passenger.
    4. Contraband. Passenger shall not bring aboard the Vessel illegal drugs, including marijuana or other cannabis-based products, any firearms, or other illegal or prohibited items (collectively “Contraband”). If Passenger should be found with any Contraband, the Contraband is subject to seizure by the Captain; Passenger will be subject to immediate expulsion from the Cruise with no right of refund; and Passenger shall be responsible for all costs that may result from such expulsion, including any transportation and accommodation costs or expenses thereafter incurred. Additionally, Passenger shall be responsible for all costs, expenses, liabilities, damages, and claims of any nature that result from Passenger’s possession or the Captain’s seizure and disposal of Contraband.
    5. Search and Seizure. Passenger agrees and consents in the interests of international security and safety at sea to: (i) a reasonable search being made of Passenger’s person, baggage and other property, and of any accommodation aboard the Vessel occupied by Passenger, at any reasonable time including during the voyage, and (ii) the seizure, removal, or destruction of any item that may, in the opinion of Alaskan Dream Cruises or the Vessel’s Captain, impair or pose a risk to the safety of the Vessel, constitute a violation of law, fail to comply with any rules and regulations established by Alaskan Dream Cruises or any orders of the Vessel’s Captain or crew, or inconvenience others aboard the Vessel. Passenger shall cooperate with and follow all instructions and orders concerning such search, seizure, removal or destruction, whether performed by the Vessel’s Captain or crew or by law enforcement personnel.
    6. Failure to Board Vessel. In the event Passenger fails to board the Vessel prior to the time of its scheduled (or otherwise fixed) sailing from any of the ports visited, the Vessel may, at Alaskan Dream Cruises’ option, sail without Passenger, whereupon all liability and responsibility of Alaskan Dream Cruises with respect to such Passenger shall terminate, except to discharge Passenger’s baggage and other effects, if any, at the destination named in the Order Confirmation, subject to these Terms. If Passenger’s failure to board the Vessel was due to the fault of Alaskan Dream Cruises, then Alaskan Dream Cruises shall be responsible for the expense of forwarding Passenger to the destination named in the Order Confirmation (or to the Vessel, at Alaskan Dream Cruises’ option), but shall not be in any respect otherwise liable. No persons are authorized to inform Passengers of the times of sailing from ports except the Vessel’s officers and the naturalist.
    7. Non-Compliance. If Passenger fails or refuses to comply with the foregoing responsibilities, or with rules and regulations of Alaskan Dream Cruises or the Vessel’s Captain, or otherwise Passenger engages in conduct detrimental to the safety and comfort of Passenger, other passengers, the Vessel, crew, or others, Alaskan Dream Cruises shall have the right to refuse to transport Passenger, or may land or eject Passenger at any port of call, at Passenger’s own expense, or may require Passenger to submit to such restrictions on board the Vessel as in the opinion of Vessel’s Captain may be necessary for the safety or comfort of Passenger or others on board.
    8. Damage. Passenger is liable to Alaskan Dream Cruises for any and all damage to the Vessel or other property of Alaskan Dream Cruises that is caused by Passenger or another member of Passenger’s party, regardless of whether such cause is due to accident, negligence, intentional conduct, or otherwise. Passenger is further liable to Alaskan Dream Cruises for theft by Passenger or any member of Passenger’s party of any property owned or provided by Alaskan Dream Cruises. Alaskan Dream Cruises is hereby authorized to charge the credit card of Passenger and take any and all other lawful action to collect from Passenger all costs incurred by Alaskan Dream Cruises in replacing or repairing damaged or stolen property, in such amounts as Alaskan Dream Cruises shall, in its sole and absolute discretion, deem necessary to compensate or make good the damages and injury suffered or incurred by Alaskan Dream Cruises.
  4. Health, Disability, and Medical Services.
    1. Accessibility. Alaskan Dream Cruises strives to create an accessible, welcoming environment for all. However, the Vessel and the marine environment in which the Vessel operates present unique challenges for passengers, particularly disabled passengers, and cabins, staterooms, and other areas of the Vessel may not be accessible to persons with a disability. If you have questions or concerns about the Vessel’s accessibility, please contact Alaskan Dream Cruises prior to or at the time of booking a reservation.
    2. Accommodation Request. A disabled Passenger seeking special accommodations or services, including the use of a wheelchair, must notify Alaskan Dream Cruises in writing at the time of booking a reservation of his/her disability and the accommodations or services sought. Please note that our personnel will not offer or provide assistance with eating or dressing, in the bathroom, or with the physical transfer of a Passenger to or from a wheelchair. A Passenger requiring any such assistance must be accompanied by another Passenger who assumes full responsibility for providing such assistance. Alaskan Dream Cruises will make reasonable efforts to accommodate disabled Passengers, and reserves all rights (without any legal duty to do so) to deny boarding to a Passenger whose disability may adversely affect or risk the safety of the Passenger, other passengers, the crew, or Vessel operations.
    3. Health and Fitness. In booking the Cruise and boarding the Vessel, Passenger understands, acknowledges, and agrees that cruising on a vessel presents Passenger with conditions, circumstances, and dangers not normally encountered by Passenger, and for which certain, various levels of health, mobility, and fitness are necessary or appropriate for health and safety reasons. At embarkation, Passenger must be sufficiently fit and mobile to undertake the intended Cruise aboard the Vessel and to use the Vessel’s boats, other craft and equipment, and gangways for boarding and going ashore. Alaskan Dream Cruises and the Vessel’s Captain reserve all rights (without any legal duty to do so) to limit or deny Passenger’s participation in a Cruise for health or safety reasons.
    4. Passenger Landing. If, in the judgment of Alaskan Dream Cruises or the Vessel’s Captain, the landing of Passenger at any destination may be prohibited by governmental authorities or may endanger the health, safety or comfort of Passenger or others by reason of any illness or injury of Passenger, Alaskan Dream Cruises shall have the right (without any legal duty to do so) to refuse to transport Passenger, or may land or eject Passenger at any port of call, at Passenger’s own expense, or may require Passenger to submit to such restrictions on board the Vessel as in the opinion of Vessel’s Captain or other officer in charge may be necessary for the safety or comfort of Passenger or others on board.
    5. Quarantine. Passenger shall pay any and all port charges, health fees, and quarantine dues and charges applicable to Passenger. If Passenger is detained on board the Vessel or elsewhere because of quarantine or other health reasons, Passenger shall be responsible for and bear all risks and expenses, including shipboard daily maintenance costs, that result or arise from such quarantine or detainment. In addition to the foregoing, Alaskan Dream Cruises and the Vessel’s Captain reserve all rights (without any legal duty to do so and without any liability for exercising such rights) to refuse to transport, to delay transporting, to remove from the Vessel, to quarantine aboard the Vessel, and/or to impose any other condition, restriction, or requirement (including requiring a medical certificate or letter) on any Passenger with a communicable illness, disease, or infection that is readily transmissible by casual contact and has serious health consequences, or for which travel has been prohibited or permitted only under specified conditions by a public health authority. No refund of any portion of the Passenger Fare or other amounts paid by Passenger to Alaskan Dream Cruises will be made upon Passenger being subjected to any quarantine or other health action implemented upon the recommendation, requirement, or guidance of a public health authority or upon the foregoing action by the Vessel’s Captain or Alaskan Dream Cruises.
    6. Participation in Excursions. Excursions and activities, whether on shore, offshore or otherwise, and whether included or discretionary, may involve activities and conditions in a variety of physical environments and may require a minimum level of health and fitness. Passenger must determine his/her own health, fitness, and suitability for any such excursions or activities, and Passenger represents and warrants to Alaskan Dream Cruises that Passenger has no physical, mental or other condition, impairment, or disability that may or will cause or create a risk of injury or other hazard to Passenger or others in respect to the activities or excursions Passenger has selected for participation. Additionally, the Vessel’s Captain (or a third-party excursion operator), in his/her/its sole discretion, may (without any legal duty to do so) limit or deny Passenger’s participation in excursions or activities that could compromise safety, whether for Passenger, other passengers, the crew or others.
    7. Limited Facilities.In booking the Cruise and boarding the Vessel, Passenger understands, acknowledges, and agrees: (i) that the Cruise will take the Vessel and Passenger into remote locations; (ii) that the Vessel and such locations have limited health care facilities, personnel, equipment, supplies, and other capabilities; (iii) that, in the event of a health emergency, there may be weather, mechanical issues, operational limitations, and other events or circumstances that may prevent or delay the Vessel’s return to a port with adequate health care capabilities or from which Passenger may be transported to a facility with adequate health care capabilities; and (iv) that necessary or appropriate health care may be unavailable for an extended period of time in the event of a health emergency.
    8. Medication. At the beginning of the Cruise, Passenger must board the Vessel with sufficient doses of medication for the duration of the Cruise plus additional time to cover any unforeseen events or circumstances that may delay Passenger’s return home following the scheduled conclusion of the Cruise. If Passenger requires any special accommodation in keeping any medication, Passenger should notify a crew member upon boarding the Vessel.
    9. Insurance. In addition to the travel insurance referenced in Section 2.f above, Alaskan Dream Cruises recommends that all passengers acquire insurance coverage for the foregoing medical and health circumstances, including coverage for the cost of medical evacuation and transport and the impact on travel than any quarantine or other health-related action may have on Passenger’s travel.
  5. Delays, Changes, and Cancellation by Alaskan Dream Cruises.
    1. Changes. Although Alaskan Dream Cruises will use its best efforts to provide Passenger with the Cruise, situations may occur which require that changes be made. By way of example only, Alaskan Dream Cruises may adjust itineraries and schedules, change personnel onboard the Cruise, delay departures or arrivals without any further obligation to Passenger to refund any portions of Passenger Fare or reimburse any of Passenger’s expenses. Furthermore, Alaskan Dream Cruises, the Vessel, or the Vessel’s Captain may, in its/his/her sole discretion, elect not to proceed in the ordinary course. Consequently, Alaskan Dream Cruises cannot, and does not, guarantee the itinerary of the Cruise (including time of sailing from or arrival at any port or that all ports will, in fact, be called at, or that all places on your Cruise).
    2. Compliance with Orders and Directives. Alaskan Dream Cruises, the Vessel, and the Vessel’s Captain will comply with orders, directives, and instructions issued by a government authority, insurance company of the Vessel or Alaskan Dream Cruises, or any other entity acting with authority over the Vessel or Alaskan Dream Cruises. Alaskan Dream Cruises retains the right to adjust departure and arrival times and locations, routes, embarkation, disembarkation, and all other operational matters in response to any such order, directive, or instruction, with no reimbursement or credit owed to Passenger.
    3. Safety and Cruise Alterations. Upon events or circumstances that may endanger the comfort or safety of the Vessel or persons aboard the Vessel, Alaskan Dream Cruises may adjust or omit ports of call or destination, change or adjust Vessel operations and Cruise route, and otherwise proceed as deemed safe and comfortable for the Vessel and all persons onboard the Vessel. Passengers booked to disembark at an omitted port will disembark at the next port of call. No reimbursement or credit will be owed to Passenger for cruise alterations.
    4. Vessel Substitution. Alaskan Dream Cruises may, at any time for operational or other reasons, substitute another vessel for the Vessel (in which event such substitute vessel shall be the “Vessel” for purposes of these Terms), whether such other vessel is owned by Alaskan Dream Cruises or not. If prevented by any cause whatsoever from sailing or proceeding in the ordinary course, Alaskan Dream Cruises reserves the right to transfer Passenger to any other vessel bound for the port of destination or the nearest safe port. The bed, berth or stateroom allocated to Passenger may be changed in the event of a substitution of a vessel at the discretion of Alaskan Dream Cruises at any time without notice. If substitute accommodations are not available at the rate indicated on the Order Confirmation, Passenger shall receive a refund if such substitute accommodations are normally provided at a rate less than that paid by Passenger; but in no event will Passenger be charged an additional amount if the substitute accommodation is normally provided at a rate higher than that paid by Passenger.
    5. Voyage Cancellation, Change, and Fare Increase. Alaskan Dream Cruises may at any time, before or after embarkation of Passengers, and without advance notice, cancel the voyage or change the date of sailing, or increase the Passenger Fare as events or circumstances may warrant. In the event of such cancellation, Alaskan Dream Cruises shall be at liberty by notice to terminate the Contract, and upon such notice being given, to refund to Passenger all sums paid under the Contract without further liability. In the event Alaskan Dream Cruises cancels a trip in progress, Alaskan Dream Cruises shall provide Passenger a prorated refund based on the number of days not completed on the Cruise. In the event of postponement, Alaskan Dream Cruises need not furnish meals on board and may require Passengers to disembark. In the event of an increase in the Passenger Fare, Passenger may cancel without charge upon written notice to the Company within 72 hours of receipt of notice of such increase, but in no event later than embarkation.
    6. Assistance. Alaskan Dream Cruises and the Vessel shall, at all times, have the right to, and shall not be held liable for, deviating from course and progress as it deems appropriate, to assist in an effort to preserve life or property.
  6. Force Majeure: Notwithstanding any term herein to the contrary, if a Cruise is terminated, modified, or otherwise changed due to an event of Force Majeure, Alaskan Dream Cruises shall not have any liability for any claims, losses, liabilities, demands, actions or causes of action, assessments, costs, damages or expenses (including reasonable attorney’s fees and accountant’s fees) including pretrial expenses, appeal and arbitration (collectively “Claims”) by Passenger. An event of “Force Majeure” is the Vessel having been lost, hampered by bad weather, adverse sea conditions, or otherwise disabled; Acts of God; unforeseen sovereign or governmental action; perils of the seas or weather, fire, flood, or drought; collisions, stranding, other accidents of navigation (even if the result of negligence, default or error in judgment by the Vessel captain, master or crew); volcanic activity; epidemic or pandemic; war, act of terrorism, riot or civil commotion; or strikes, lock-outs or other industrial action which affects employees of Independent Contractors; failure of supplies of power; and any other act, event or circumstance outside the reasonable control of Alaskan Dream Cruises that substantially prevents, hinders or delays the performance of any if its obligations (other than payment) under this Agreement.
  7. Mechanical. Alaskan Dream Cruises and vessels, on rare occasion, encounter a mechanical issue that requires delay or deviation from their intended itineraries. Alaskan Dream Cruises reserves the right to alter or adjust the itinerary as needed for mechanical safety of the Vessel and to be in compliance with United States Coast Guard regulations. At Alaskan Dream Cruises’ expense, it may substitute other activities and/or vessels for those activities that are impacted as part of a mechanical delay or deviation. Alaskan Dream Cruises shall not be liable for any delays or deviations and is under no obligation to refund for tours or vessel time missed due to a mechanical delay or deviation. In the event a mechanical delay or deviation affects the ability of Alaskan Dream Cruises to provide the experiences listed in the itinerary, it will evaluate the impact and substitute reasonable compensation for the impact to Passenger.
  8. Independent Contractors. The following are independent contractors who are neither employees nor agents nor otherwise under the control of Alaskan Dream Cruises:
    1. Persons and entities that provide Passenger with tours, excursions, hotels, restaurants, non-Vessel transportation, and services and goods related thereto;
    2. FareHarbor and other travel professionals and booking agents through whom Passenger may have booked the Cruise;
    3. Emergency and other personnel who may provide health care to Passenger; and
    4. Persons carried on board the Vessel providing personal services to Passenger for a fee

(collectively, “Independent Contractors”). Passenger’s dealings, contracts, and other interactions with an Independent Contractor are matters between Passenger and Independent Contractor only, and Alaskan Dream Cruises is neither a party to such contracts or interactions, nor responsible or liable for performance or non-performance of such contracts or for Claims arising from, related to or in connection with such interactions or acts, omissions, or errors of such Independent Contractor. Insofar as Alaskan Dream Cruises has undertaken a role in communicating with or engaging with an Independent Contractor for the provision of services to Passenger, and whether or not the cost of such services is included in the Passenger Fare for the Cruise, Alaskan Dream Cruise has undertaken such role only as agent for or on behalf of Passenger for Passenger’s convenience. The cost or charge for any service provided by an Independent Contractor for or on behalf of Passenger shall be the sole responsibility of Passenger, and Alaskan Dream Cruises shall not be liable in any way whatsoever in any such arrangement. Alaskan Dream Cruises makes no warranties of any kind with respect to the services or goods of any Independent Contractor, including excursions and Cruise-related services, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose. Passenger understands and agrees that Alaskan Dream Cruises shall not be liable for acts or omissions of Independent Contractors, including any damage, death, loss or injury to person or property caused by any Independent Contractor, nor the standard of care Passenger receives from such Independent Contractor. Passenger shall be responsible for any expense or cost that Passenger incurs due to delays, weather conditions or cancellations of shore excursions, transportation, and other services provided by Independent Contactors during the Cruise.

  1. Service Upgrade. Passenger may have an opportunity to upgrade his/her class of service that was originally purchased by Passenger to a higher class of service (“Upgrade”). The terms and conditions of this Section 9 apply to all offers (each an “Offer”) made by Passenger to Alaskan Dream Cruises for an opportunity to obtain an Upgrade. This Upgrade program grants Passenger a chance to place an Offer for an opportunity for an Upgrade, provided that no Offer is final and binding unless and until Alaskan Dream Cruise formally accepts the Offer.
    1. Prerequisites. Only Passengers ages 18 and older shall have authority for, to act on behalf of, and to bind the person(s) identified on or included in the Offer. Upgrade Offers are only valid for cabins and staterooms that have already been purchased and paid for by the Passenger submitting the Offer or by a person on whose behalf the Offer is being submitted.
    2. Invitation. Before any Passenger may submit an Offer, the Passenger must have received an invitation from Alaskan Dream Cruises to submit an Offer (“Invitation”). Sending an Invitation is wholly within Alaskan Dream Cruises sole and absolute discretion.
    3. Offer. Upon receiving an Invitation, Passenger may, prior to any deadline stated on the Invitation, submit an Offer on a class of service category higher than the class of service category originally booked by Passenger. All Offers received by Alaskan Dream Cruises shall be irrevocable. By submitting an Offer to Upgrade, Passenger accepts all terms and conditions of the Plus Grade Upgrade Program.
    4. Revision. Passenger may revise (but not revoke or cancel) Passenger’s Offer up to the earlier of (i) 5 days before Cruise departure and (ii) acceptance of the Offer by Alaskan Dream Cruises. Any untimely attempt to revise Passenger’s Offer shall be null and void, and Passenger shall be legally bound to complete payment for the price set forth in the Offer.
    5. Acceptance. Alaskan Dream Cruises reserves the right, in its sole and absolute discretion, to decide whether to accept Passenger’s Offer or not, and Alaskan Dream Cruises makes no representation that any Passenger will receive an Upgrade regardless of whether staterooms are available in the service category for which an Offer has been made. Alaskan Dream Cruises may accept an Offer at any time before Cruise embarkation begins.
    6. Payment. In the event Alaskan Dream Cruises accepts an Offer, the offering Passenger’s credit card will be charged the full amount immediately upon acceptance. The total amount that Passenger must pay to Alaskan Dream Cruises upon acceptance of an Offer will be disclosed to Passenger prior to submission of the Offer. Once an Offer is accepted, the Upgrade amount paid is final and non-refundable. If Passenger’s reservation covers 3 passengers, the Upgrade purchase price will be charged each to two passengers, but not the third. If Passenger’s reservation is for only one person, the Upgrade price will be charged for two passengers based on double occupancy.
    7. Rejection. If Passenger’s Offer is not accepted, Passenger will travel in the class of service category originally purchased.
    8. Itinerary Change. If Passenger changes his/her itinerary after Passenger’s Offer has been accepted, the Offer and acceptance will be cancelled, the accepted Offer will not be transferred to Passenger’s new itinerary, and the Upgrade price paid shall not be refundable for any reason.
    9. Terms. Upon purchase of an Upgrade, the terms and conditions of Passenger’s original Cruise booking will remain in effect following the Upgrade, provided, however, that the Upgrade is not subject to such terms and conditions on cancellation and changes, and the payment for purchase of the Upgrade shall be non-refundable under all circumstances. An Upgrade does not include any additional promotions.
    10. Stateroom Location. If Passenger purchases an Upgrade, Alaskan Dream Cruises does not guarantee a specific stateroom location or number assignment within the upgraded category of service. Passenger’s upgraded stateroom will be assigned depending on availability.
    11. Reservation of Rights. Alaskan Dream Cruises reserves all rights to modify or otherwise change the terms and condition of this Section 9 and the Plus Grade Upgrade Program in its sole and absolute discretion. Except as provided in the immediately preceding sentence, no amendment, modification or waiver to these terms and conditions shall be binding on Alaskan Dream Cruises unless made in writing signed by an authorized officer of Alaskan Dream Cruises.
  2. Photo/Video Release and Assignment; Data Rights. Passenger acknowledges that as a normal part of its business, Alaskan Dream Cruises may produce photographic and video recordings of its voyages which may be made available to passengers and also may be used by Alaskan Dream Cruises in advertising and promoting its products and services. Passenger consents to the making of photographic and video recordings (“images”), including Passenger’s appearance and voice, while Passenger is engaged in the Cruise, and grants to Alaskan Dream Cruises the right to use such images and any copies or derivative works from such images in any manner for promotional and other commercial purposes, in any medium. Passenger releases and assigns to Alaskan Dream Cruises any right or interest Passenger may have in images including Passenger’s appearance and/or voice taken by employees, agents or contractors of Alaskan Dream Cruises, and waives any rights of any kind in or over such images including rights of (A) compensation, (B) publicity, privacy or copyright, or (C) review, inspection or approval. When Passenger provides Alaskan Dream Cruises information via a digital or hard copy form or any other format that includes Passenger’s personal contact information, including Passenger’s email address or phone number(s), Passenger gives Alaskan Dream Cruises express written permission to use that information to contact Passenger.
  3. Disclaimer of Warranty. All services provided to Passenger are on an “as is” basis. Alaskan Dream Cruises expressly disclaims all warranties, including any warranty of seaworthiness for the Vessel and its equipment, furnishings, and other appurtenances, and Alaskan Dream Cruises shall not be liable for any Claims of any nature or type that are based in whole or part on any unseaworthy condition that may exist in or on the Vessel and/or any of the Vessel’s equipment, furnishings, and other appurtenances. In addition, with respect to services and goods that Alaskan Dream Cruises does or may provide to Passenger, Alaskan Dream Cruises makes no warranties of any kind with respect to such services or goods, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, habitability, or workmanlike performance.
  4. Limitation of Liability.
    1. General Limitation. Alaskan Dream Cruises shall not be held liable to Passenger for Claims that could not have been reasonably foreseen at the time of the breach or damage. Except for Section 10.b below, both Passenger and Alaskan Dream Cruises acknowledge that Alaskan Dream Cruises possesses no awareness of any special circumstances affecting Passenger that could make damages reasonably foreseeable beyond the normal scope. Consequently, the Passenger hereby waives any right to bring a Claim against Alaskan Dream Cruises for damages arising from any special circumstances. Passenger’s waiver in this Section 10.a waives any and all rights to recover consequential, incidental, indirect, exemplary, punitive, and other types of indirect damages for any breach of this Agreement or any warranty.
    2. Limitation of Liability for Baggage. Alaskan Dream Cruises is responsible for loss or damage (other than normal wear and tear) to baggage or Passenger’s personal property only when such loss or damage occurs under the direct control of Alaskan Dream Cruises and its employees; provided that, Alaskan Dream Cruises’ liability for such loss or damage will not exceed $500 per Passenger. When baggage is not in the possession or control of Alaskan Dream Cruises, such as during air flights, transfers, or while staying in hotels, the handling of baggage loss or damage is governed by the policies of those respective Independent Contractors and Alaskan Dream Cruises shall have no liability or responsibility for loss or damage when in the possession or control of such Independent Contractors.
    3. Limitation of Liability Act. Notwithstanding any provision in the Contract to the contrary, nothing in these Terms shall supersede, restrict, alter, or otherwise affect the ability of Alaskan Dream Cruises, the Vessel, and the Vessel’s owner(s) to invoke the Limitation of Liability Act of 1851, 46 U.S.C. § 30501 et seq., or the rights, benefits, and privileges provided to vessel owners and operators thereunder.
  5. Indemnification. Passenger shall indemnify, hold harmless, and defend Alaskan Dream Cruises from and against all Claims which are occasioned by: (i) Passenger’s breach of these Terms, (ii) Passenger’s (or their minor’s) violation of any law or right of any third-party, and (iii) any Claims resulting from Passenger’s possession of Contraband on board.
  6. Time Limits.
    1. Claims. No Claim by Passenger (or Passenger’s representative), including those for loss, injury or death, shall be enforceable against Alaskan Dream Cruises or the Vessel unless written notice of such Claim with full particulars of the Claim is delivered to Alaskan Dream Cruises within 185 days, and unless suit is commenced within one year, after the day of such loss, injury or death. If written notice of a Claim is not given and/or suit not commenced within the time limits provided in this Section 12.a (which provisions are not subject to waiver or extension by any employee or agent of Alaskan Dream Cruises), all Claims and suits and actions thereon no matter by whom instituted shall be barred.
    2. Baggage Claims. Notwithstanding the provisions of Section 12.a., no Claim by Passenger (or Passenger’s representative) relating to baggage or other property loss or damage shall be enforceable against Alaskan Dream Cruises or the Vessel unless written notice of such Claim with full particulars of the Claim is delivered to Alaskan Dream Cruises within 30 days, and unless suit is commenced within six months, after the day of such loss or damage; provided, however, that if Passenger’s baggage or other property is inspected by Customs Authorities at the port of debarkation, notice of any loss or damage to such baggage or other property must be given in writing to Alaskan Dream Cruises or its agent before removal of such baggage or other property from the place of Customs inspection. If written notice of a Claim is not given and suit not commenced within the time limits provided in this Section 12.b (which provisions are not subject to waiver or extension by any employee or agent of Alaskan Dream Cruises), all suits and actions thereon no matter by whom instituted shall be barred.
    3. Other. In any case where the periods fixed in this Section 12 for the filing of Claims and/or the institution of suits are less than allowed in any statute relating to the carriage of Passengers or their baggage by sea, then this clause shall be construed, and shall take effect, as though the periods fixed for the filing of Claims and/or the institution of suits were the periods referred to in such statute.
  7. Release and Assumption of Risk.
    1. Risks. In booking the Cruise and boarding the Vessel, Passenger understands and acknowledges that cruising on a vessel presents Passenger with certain unavoidable conditions, circumstances, risks, and dangers associated with cruising and vessel travel that are outside the control of Alaskan Dream Cruises, including, among others, collisions of vessels; illnesses caused by consumption of food and beverages or by other passengers; slip and fall due to the motion of the sea or other causes; civil unrest or terrorism; forces of nature such as sea conditions, weather and the unpredictable behavior of wild animals; breakdown of equipment; human error; and overexertion. Passenger further understands and acknowledges that health care facilities, personnel, and equipment are not available aboard the Vessel nor, in many cases, in the Vessel’s ports of call nor for much of the Cruise itinerary, to deal with health emergencies that may arise, and therefore there may be substantial delay in Passenger obtaining any necessary or appropriate health care.
    2. Assumption of Risks. Passenger assumes all risks of whatsoever kind and nature, whether identified or not, whether foreseeable or not, for acts, events, circumstances, and other matters that are outside the direct control of Alaskan Dream Cruises. Such risks include those arising from any issues or delay in accessing or obtaining health care. Passenger further agrees that Passenger will participate in special activities such as boating, biking, four-wheeling or kayaking only to the extent of Passenger’s physical ability and qualification by experience, and agrees to assume all the risks of such activities, whether known or unknown, as well as all risks arising out of Passenger’s personal health condition prior to the voyage, whether or not disclosed to the Alaskan Dream Cruises.
    3. Passenger Responsibility. Passenger understands and acknowledges that the pricing of the Cruise is based upon Passenger’s assumption of the foregoing risks, and that if Passenger did not assume the foregoing risks, the price of the Cruise would be significantly more than Passenger is being charged. Passenger agrees that it is Passenger’s obligation and sole responsibility to buy and maintain insurance coverages, including health insurance, disability insurance, life insurance, and travel insurance (including medical evacuation), to insure and protect Passenger and Passenger’s family, heirs and assigns from and against hazards and perils, and that Passenger will look to Passenger’s own insurance coverages as his/her sole and exclusive remedy for any personal injury, wrongful death, property damage or other damage or casualty that Passenger may suffer or which may result from, relate to, arise from, or be connected with Passenger’s attendance and participation on the Cruise.
    4. Release. Based on the foregoing, Passenger releases and discharges Alaskan Dream Cruises and the Vessel from any and ALL liability and Claims for personal injuries, illness or death, or loss of or damage to property, occurring during, in relation to, or as a result of the Cruise, including on board the Vessel, on land, on skiffs, kayaks or other craft, or in transit, except as a direct result of the sole negligence of Alaskan Dream Cruises (and then subject to all the other provisions of these Terms).
  8. Web Chat Consent. Passenger opting into Alaskan Dream Cruises’ web chat for questions via Swell constitutes consent by Passenger to receive text messages from Alaskan Dream Cruises’ reservations department to quickly answer any questions Passenger may have. Message and Data fees may apply, and message frequency may vary. Alaskan Dream Cruises will not distribute your provided phone number to third parties.
  9. Governing Law and Venue for Claims. The Contract shall be governed by and construed under the general maritime law of the United States and, to the extent applicable, the laws of the State of Alaska. Any Claim arising under, in connection with, related to, or otherwise incident to the Contract or the Cruise that is the subject of the Contract, whether sounding in admiralty, contract, tort, equity, or otherwise, shall be subject to the general maritime law of the United States, and to the extent applicable, the laws of the State of Alaska, and litigated, if at all, in courts located in Alaska only, in a court of proper jurisdiction located in, or having jurisdiction over, the Borough of Sitka, State of Alaska, U.S.A.  Passenger hereby consents to personal jurisdiction and venue in such courts.
  10. Benefit. All rights, exemptions from liability, defenses and immunities of whatsoever nature referred to in these Terms as applicable to Alaskan Dream Cruises shall in all respects inure also for the benefit of the Vessel and its crew, as well as the Alaskan Dream Cruises’ and the Vessel’s respective owners, operators, managers, licensors, charterers, agents, and all affiliated and associated companies, sales representatives and employees of all such companies and individuals (collectively, “Alaskan Dream Cruises’ Affiliates”), and all contractors of Alaskan Dream Cruises or Alaskan Dream Cruises’ Affiliates acting in the course of or in connection with their respective engagements. For the purposes of the agreement contained in this clause, Alaskan Dream Cruises is or shall be deemed to be acting on behalf and for the benefit of all such persons and entities, who shall to this extent be or be deemed to be parties to these Terms.
  11. Headings. The headings in this agreement are for convenience only and will not restrict or otherwise modify the terms of this agreement.
  12. Other. As used in these Terms, unless otherwise specified: the term “including” means “including without limitation”; the term “days” means “calendar days”; and terms such as “herein,” “hereof” and words of similar import refer to these Terms as a whole. Unless the context requires otherwise, wherever used herein the singular shall include the plural and vice versa, and the use of one gender shall also denote the others. References herein to sections or provisions without reference to the document in which they are contained are references to these Terms.