Terms and Conditions
TERMS AND CONDITIONS
This Cruise Special Event Services Agreement (“Agreement”) is entered into by and between Spectra Entertainment, LLC, a Florida Limited Liability Company (“Spectra”), and the individual purchasing admission to any cruise event offered by Spectra (“Event”), together with any persons who attend the cruise event under such individual’s booking, ticket or invitation (“Guest”, “Guest(s)” or collectively “Guests”).
1. Binding Agreement by Purchase and Attendance.
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(a) By purchasing a ticket for, registering for, or attending any event organized, promoted, or hosted by Spectra, whether occurring on land, at sea, or online, you (“Guest(s)”) expressly acknowledge and agree to be bound by the terms and conditions set forth in this Agreement. Your purchase, participation, or continued presence at the event constitutes your full acceptance of, and agreement to comply with, all provisions contained herein.
(b) If you are purchasing a ticket on behalf of another individual or group, you represent and warrant that you have the authority to bind all attending individuals to this Agreement, and that they have been made aware of, and agree to, its terms.
(c) Guest(s) represents and warrant they are or will be 21 years of age on or before the first date of the Event.
2. Nature of Agreement.
This Agreement governs the relationship between Guest(s) and Spectra for participation in the Event hosted aboard a third-party cruise ship. This is not a contract for carriage or transportation. All cruise operations, including accommodations, food, beverage, transportation, and shipboard services, are the sole responsibility of the Cruise Line. Your separate contract with the Cruise Line (the “Cruise Ticket Contract”) governs those services.
3. Pricing and Payments.
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(a) Spectra reserves the right to increase published prices without notice. In the event of an increase, only new reservations will be affected. Spectra will honor the rate existing at the time Guest(s) makes a reservation if initial deposit is made in full.
(b) Spectra may require an upfront deposit to reserve a ticket for the Event. Any refunds of the upfront deposit will be governed by the Refund Policy Section below.
(c) Spectra may, but is not obligated to, offer payment plans for its Events. All payment plans are subject to the Automatic Billing Plan section below.
(d) The purchase price charged to Guest(s) only includes cruise fare, access to onboard and offboard events specifically coordinated by Spectra, taxes, port charges, gratuities, booking fees and any beverage packages if purchased. Guest understands that beverage packages are fulfilled by Cruise Line and are subject to Cruise Line policies regarding those packages. The purchase price includes nothing else, and any product or service not specifically listed in this sub-section is subject to a separate fee.
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4. Refund Policy.
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(a) Initial deposits are non-refundable once Guest(s) completes a booking and a room is reserved, whether by Guest(s) or Spectra.
(b) If an Event is cancelled because of Spectra’s negligence or fault, Spectra will refund any paid deposits and payments.
(c) If a Cruise Event is cancelled by the Cruise Line prior to embarkation, Guest(s) shall receive a refund of the portion of fare already paid. If the Cruise is cancelled during sailing, Guest(s) shall receive a partial refund equal to the proportion of the cruise that was not completed.
(d) Payments and deposits in any other circumstance including but not limited to illness, weather, travel delays, or personal conflicts are non-transferable. Guest(s) are required to purchase third-party travel insurance to protect against these risks. Guests who are denied travel insurance for any reason are not permitted to attend the Event and any refunds are subject to Spectra’s refund policy which will be enforced at Spectra’s discretion.
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5. Automatic Billing Plan.
(a) Guest(s) who are paying the purchase price of their ticket in installments must have a valid form of payment on file.
(b) The balance of any reservation after the deposit is made may be equally divided into installments. Spectra will charge Guest(s)’s method of payment on either the 15th or 30th of each month depending on when Guest(s) made the initial deposit.
(c) An administration fee of $35 per person will be applied to Guest(s)’s reservation if the credit card on file is declined or a payment is not received by the due dates on Guest(s)’s invoice. If any installment of a Guest(s)’s reservation remains past due for more than 2 weeks, Guest(s)’s reservation will be cancelled without notice and without a refund.
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6. Lead Guest.
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The individual who makes the reservation for the Event and whose name appears on the reservation shall be considered for purposes of this Agreement the “Lead Guest”.
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7. Reservation Modifications.
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(a) Spectra will only honor changes in Guest(s) reservation requested by Lead Guest
(b) Lead Guest may request changes to a reservation up to 60 days before the 1st day of the Event subject to an administrative fee to be determined by Spectra in its sole reasonable discretion.
(c) Spectra may but has no obligation to accommodate requests for room upgrades and Guest(s) agree to pay the difference of the upgraded stateroom. Requests for downgrades may be accommodated, but no refund will be issued for the difference in price of the initial and downgraded staterooms.
(d) Changes in the number of occupants of a room may increase Guest(s) purchase price.
(e) Guest(s) may only transfer a reservation with Spectra’s written consent.
8. Event Modifications.
Spectra reserves the right to modify or cancel any scheduled entertainment, event, or experience due to circumstances beyond its control, including:
(a) Performer illness or unavailability
(b) Weather related disruptions
(c) Cruise Line itinerary changes
(d) Health or safety concerns
No refunds or credits will be issued in the event of such modifications.
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9. Third-Party Cruise Services.
The cruise ship, accommodations, food, beverages (including drink packages), and other onboard services are provided by a third-party Cruise Line. Spectra:
(a) Does not control the cruise facilities or staff
(b) Is not liable for service delays, failures, or shortcomings by the Cruise Line
(c) Cannot guarantee cabin types, food and beverage availability, or special amenities.
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You acknowledge and expressly agree that Spectra’s affiliation with any Cruise Line hosting its events is nothing more than independent contractor relationship. Sepctra has no right or ability to control or direct the operational or navigational activities of the vessel hosting an Event or crew in any manner whatsoever whether aboard the ship or ashore, including without limitation persons furnishing services to the vessel or to the Guest(s) including shore side excursions, personnel, or contractors, embarkation and disembarkation to and from the vessel, conditions of the vessel and its equipment.
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Any issues relating to Cruise Line services must be addressed directly with the Cruise Line.
10. Cruise Line Policies.
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All Guest(s) are subject to the rules and regulations of the Cruise Line, including codes of conduct, health protocols, and safety procedures. Violation of these policies may result in removal from the cruise at Guest(s)’s sole expense. Spectra bears no liability in such cases and no refund will be given. By accepting a ticket to the Event, Guest(s) agrees to review and abide the terms and conditions of the Cruise Line which may be modified with or without notice.
11. Force Majeure.
Spectra shall not be liable for any failure or delay in the performance of its obligations under this Agreement, if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, pandemics, epidemics, Cruise Line cancellations, port closures, acts of God, or other similar or different occurrences beyond the reasonable control of Spectra or delaying in the performance of this Agreement, for so long as such force majeure event is in effect.
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In such cases, the sole remedy is a future credit, at the discretion of Spectra. Refunds will not be provided.
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12. Performer Availability.
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While Spectra contracts with artists, DJs, speakers, and entertainers to perform during the cruise, their appearance is subject to availability and unforeseen circumstances. Artist substitutions, schedule changes, or cancellations do not entitle Guest(s) to a refund or credit.
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13. Guest(s) Responsibilities.
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Guest(s) is responsible for:
(a) Adhering to and following the rules and regulations of the Cruise Line
(b) Ensuring compliance with all immigration, customs, and health requirements
(c) Having valid travel documents (e.g. passport, visas, vaccinations)
(d) Their own health and medical fitness to travel
(e) Behavior that is safe and respectful to staff, other passengers and the vessel.
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Any costs arising from Guest(s)'s violation of law or cruise policies shall be borne solely by the Guest(s). Spectra is not responsible for any consequences resulting from Guest(s) failure to follow any policies and procedures from the Cruise Line after securing a ticket.
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14. Limitation of Liability.
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EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS OF THIS AGREEMENT, SPECTRA IS NOT RESPONSIBLE FOR ANY INJURY, ILLNESS, DEATH, PROPERTY LOSS, OR OTHER DAMAGES EXPERIENCED BY GUEST(S) THAT RESULT FROM EVENT DISRUPTIONS OR ACTIONS OUTSIDE OF SPECTRA’S CONTROL. THIS INCLUDES DELAYS, CANCELLATIONS, SERVICE FAILURES, OR DISSATISFACTION WITH CRUISE-RELATED OR ONBOARD SERVICES PROVIDED BY THIRD PARTIES.
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NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY DUE ON AN OPEN ACCOUNT.
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15. Assumption of Risk.
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Participation in the Event involves certain risks, including travel risks, exposure to communicable diseases, and physical injuries while participating in the Event. Guest(s) voluntarily assumes all such risks and waives any claim against Spectra for consequential or incidental damages.
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16. Indemnification.
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Each party (the “Indemnifying Party”) agrees to indemnify, defend and hold the other party and its affiliates and their respective officers, directors, employees and agents harmless from and against any and all third party claims, losses, liabilities, damages, expenses and costs, including attorney’s fees and court costs, arising out of the Indemnifying Party’s (i) [gross] negligence or willful misconduct, (ii) participation in the Event or (iii) its material breach of any of the terms of this Agreement. The Indemnifying Party’s liability under this Section shall be reduced proportionally to the extent that any act or omission of the other Party, or its employees or agents, contributed to such liability. The party seeking indemnification shall provide the Indemnifying Party with prompt written notice of any claim and give complete control of the defense and settlement of the Indemnifying Party, and shall cooperate with the Indemnifying Party, its insurance company and its legal counsel in its defense of such claim(s). This indemnity shall not cover any claim in which there is a failure to give the Indemnifying Party prompt notice to the extent such lack of notice prejudices the defense of the claim.
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THIS SECTION STATES THE ENTIRE OBLIGATION AND THE EXCLUSIVE REMEDIES WITH RESPECT TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS PURSUANT TO THIS AGREEMENT.
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17. Payment Authorization.
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Guest(s) authorizes Spectra to charge the provided payment method for all scheduled payments, fees, and penalties. Payment disputes must be addressed directly with Spectra before initiating chargebacks. Unauthorized chargebacks may result in cancellation of booking and a $250 administrative fee.
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18. Governing Law and Venue.
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This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law of such state. Any controversy or claim arising out of or relating to this Agreement or the parties' dealings shall be settled by arbitration in Miami-Dade County, Florida, in accordance with the then-governing rules of the American Arbitration Association. Judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction. Guest(s) waives the right to bring or participate in any class or representative action.
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19. Non-Disparagement.
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Guest(s) agrees not to in any way disparage, libel or defame Spectra, the owner(s) of Spectra, operators, clients, agents or vendors the (“Related Parties”) or any of their businesses or business practices, products or services, or clients, officers, directors or owners in any written medium or forum including but not limited to social media, Google or the internet. The foregoing shall not be violated by truthful statements in response to, or pursuant to, legal process, required governmental testimony or filings, or administrative or arbitral proceedings (including, without limitation, depositions in connection with such proceedings).
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20. Attorney’s Fees.
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If either Party incurs any legal fees associated with the enforcement of this Agreement or any rights under this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney’s fees and any court, arbitration, mediation, or other litigation expenses from the other Party.
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21. Collection Expenses.
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If Spectra incurs any costs, expenses, or fees, including reasonable attorney’s fees and professional collection services fees, in connection with the collection or payment of any amounts due it under this Agreement, Guest(s) agrees to reimburse Spectra for all such costs, expenses and fees.
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22. Severability.
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If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
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23. Headings; Construction.
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The headings/captions appearing in this Agreement have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain. This Agreement shall not be construed more strongly against either Party regardless of which Party is more responsible for its preparation, and any ambiguity that might exist herein shall not be construed against the drafting Party.
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24. Survival.
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Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.
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25. Rights Cumulative.
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The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.
26. Notices.
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All notices or other communications required under this Agreement shall be in writing and shall be deemed effective when received and made in writing by either (i) hand delivery, (ii) registered mail, (iii) certified mail, return receipt requested, or (iv) overnight mail, addressed to the Party to be notified at the following address or to such other address as such Party shall specify by like notice hereunder:
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Spectra Entertainment, LLC
100 SE 2nd Street
Suite 3800
Miami, FL 33131
Attention: Customer Support
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27. Media Release.
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Guest(s) consents to being photographed or recorded during the Event and grants the Event Organizer unrestricted rights to use their image, likeness, and voice for promotional purposes without compensation.
28. Waiver.
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No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
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