Upon the first to occur of the passenger's deposit or receipt of a confirmation letter of Vermont Discovery Cruises or of a ticket or boarding pass by passenger or his/her agent, the following terms and conditions form a contract between the passenger and Vermont Discovery Cruises with respect to passenger rights and obligations while in transit to, awaiting boarding of, on board the vessel, while onshore, or otherwise, the terms of which are as follows and shall be the sole and exclusive contract between Vermont Discovery Cruises and the passengers and/or his/her agent, and shall not be modified except by a writing signed by an executive corporate officer of Vermont Discovery Cruises (Green Mountain Boat Lines).
Responsibility
Vermont Discovery Cruises shall not be liable for loss of life, personal injury, damage, expense, loss or delay from whatsoever cause suffered by a passenger while off the vessel. Shore excursions, tours and other off-vessel activities, travel and accommodations are arranged only as a convenience to our passengers. Vermont Discovery Cruises serves solely as an agent for the sale of tickets for air excursions and tours. The ultimate control and responsibility for airline tickets, off-vessel tours, excursions, lodging, other activities, travel and accommodations are exclusively with the passenger and the provider. Vermont Discovery Cruises does not own or control any excursion, tour, travel or accommodations providers, cannot assure the level of performance by such providers, such operators being independent contractors (and not the agent, employee, partner or joint venture of Vermont Discovery Cruises (Green Mountain Boat Lines), and Vermont Discovery Cruises shall not be liable for injury, damage, expense, loss or delay from whatsoever cause suffered by a passenger relating to air excursions, tours, travel or accommodations or the selection thereof. THE VERMONT DISCOVERY CRUISES' (GREEN MOUNTAIN BOAT LINES')'S RESPONSIBILITY DOES NOT EXTEND BEYOND THE VESSEL.
Charges
All prices are based on U.S. dollar current exchange. Vermont Discovery Cruises reserves the right to increase published rates, including but not limited to assessment of fares and charges in effect at the time of departure, without prior notice. However, fully paid or deposited passengers will be protected. Government taxes, and other surcharges which are subject to change without notice, may be applied. Fare includes vessel transportation, meals, snacks, specified bottled water, coffee/ tea service, built-in berths in an air-conditioned/heated and carpeted cabin with linens, pillows, blankets toiletries and towels provided. Gratuities are not included, and are at passenger's discretion.
Port Charges
Port charges will be set for each cruise based on an estimate of the total fees and charges required to be spent in ports, and includes passenger taxes and charges paid for services imposed by governmental or quasi-governmental entities, and are subject to change without prior notice.
Changes In Itinerary
Vermont Discovery Cruises reserves the right to cancel, change, or substitute any itinerary, vessel, port, schedule, accommodation, lodging, tour, excursion, or duration of voyages at any time and for any reason whatsoever without prior notice (including but not limited to reducing or extending days of a voyage or to continue or finish a voyage by motor coach) and shall not be liable for any loss to guests by reason of such cancellation, change or substitution. Reservations are subject to change in the event of a full ship charter. In the event of cancellation of a tour or excursion, passengers shall only be entitled to a refund of deposits actually paid to Vermont Discovery Cruises (Green Mountain Boat Lines).
Documents, Health and Conduct
Passenger shall comply with any government travel requirements, shall possess and shall present exit, entry and other necessary documents, and shall arrive aboard vessel by time fixed by Vermont Discovery Cruises (Green Mountain Boat Lines). Passenger represents and warrants that he/she is fit to travel and that his/her conduct will not impair safety of vessel nor inconvenience other passengers. Vermont Discovery Cruises (Green Mountain Boat Lines), at its discretion and at any time, may refuse to transport or may land any passenger at any port of place, or transfer passenger to other means of transportation because of health or physical condition or because of conduct inconveniencing other passengers. Passenger hereby releases Vermont Discovery Cruises from any and all liability for injury or damage connected with the voyage caused by pre-existing illness or disability. Vermont Discovery Cruises shall have no responsibility or obligation to provide special services or equipment other than services or equipment required by law. Passenger agrees to abide by all Vermont Discovery Cruises' rules and regulations and all orders and directions of vessel officers. Passenger, in interests of international security, safety at sea and convenience of the passengers, agrees and consents to a reasonable search being made of his/her person, baggage or property, and to removal and confiscation or destruction of any object which may, in opinion of Vermont Discovery Cruises (Green Mountain Boat Lines), impair safety of vessel or inconvenience other passengers. Any and all losses, expenses, damages or delays sustained by Vermont Discovery Cruises because of any act or omission of passenger, including but not limited to fines or penalties or duties or other charges incurred by Vermont Discovery Cruises and attributable to passenger's failure to comply with regulations of vessel or any governmental authority, shall be paid to Vermont Discovery Cruises by passenger on demand. Company reserves the right to reject any person as a member of a tour or passenger on a charter.
Liability (Baggage, Valuables and other Property)
It is highly recommended that all passengers purchase a vacation protection policy covering baggage, contents and accidents. (Please refer to the travel insurance section.) Vermont Discovery Cruises liability is limited to baggage contents and other personal property to a maximum of $100 per adult guest. Company cannot accept liability for loss or theft of money, jewelry or other valuables, or fragile or perishable items left in the stateroom or public areas on board. Passengers shall not carry as baggage or bring on board weapons, explosives, or flammables or dangerous or harmful articles of any kind including illegal narcotics. Animals of any kind shall NOT be brought on board.
Claims
Claims for loss of life, personal injury or illness must be received in writing by Company within six (6) months after the date of the injury, event, illness or death, giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the injury, event, illness, or death and unless served on Company within (120) days after filing. Any other claim must be received in writing by Company within thirty (30) days after you have been landed from the vessel or, in the case the voyage is abandoned, within thirty (30) days thereafter and any lawsuit for such a claim must be commenced within six (6) months after the incident occurs and unless served on Company within 120 days after filing. Written Notice to Company shall be given at the following address: 348 Flynn Ave. Burlington, Vermont 05401. In consideration for the fare paid, it is agreed that Company shall not be held vicariously liable for the intentional or negligent acts of any person not employed by Company nor for any intentional or negligent acts of Company's employees committed while off duty or outside the course of scope of their employment. This contract shall be deemed made in and shall be governed by the laws (except conflict of law rules) of the State of Vermont. It is agreed by passenger and Company that all disputes and matters whatsoever arising under, in connection with or incidental to the ticket contract or the cruise shall be litigated, if at all, in and before a court located in Vermont, U.S.A. to the exclusion of the courts of any other county, state or country. Failure to comply with these terms shall completely bar any such suit or claim. Regardless of any contrary term herein, Company is entitled to the full benefit of all rights, immunities, conditions to, and limitations of liability, defenses, exemptions, and exoneration from liability to which a ship owner would be entitled, including as set forth in all Statutes of the United States of America, as well as restrictions or exemptions from liability, when applicable, under the laws of any foreign nation which along with all rights hereunder shall automatically inure for the benefit of vessel's owner, vessel's master, officers, crew members, contractors, builders, designers, repairers, stevedores, longshoremen, representatives, agents or servants of Company, except as may be inconsistent with statutes of the United States of America. These terms apply to all claims, legal actions, proceedings and litigation of any kind, whether against Vermont Discovery Cruises or the vessel (Moonlight Lady) or otherwise, whether in transit to, awaiting boarding of or on board the vessel, or on shore or otherwise. In no event shall Vermont Discovery Cruises be responsible for incidental, indirect, consequential, special or penal damages.
International Travel
International Travelers: when you travel to Canada, you are required to carry a valid form of ID, Passport or Enhanced Drivers' License proving citizenship. Travelers under 18 years of age should have a raised-seal copy of their birth certificate or passport. Travelers under 18 years of age not accompanied by an adult must also carry a letter from parents or guardian giving permission to enter Canada. Children accompanied by only one parent should have a letter from the other parent giving permission for the child to enter Canada. Children under 18 years of age accompanied by a grandparent should have a letter from their parent giving the grandparent permission for the child to enter Canada. Non-US citizens may need a Canadian visa to enter Canada and a US Visa to re-enter the US.
