Terms & Conditions
The services and the information (“Services”) that Cruisewatch (hereinafter referred to as "Cruisewatch," "we," "us," "our"), a Maryland company and a division of B&S Media GmbH, offers through its Website, by telephone or email are provided to assist the customer (hereinafter referred to as "you," "your," "yourself," "Customer," "Client," or "Traveler") in planning researching and purchasing cruise vacations or other third-party travel-related services (“Travel”) from us or from travel suppliers and other vendors.
These terms and conditions of this Agreement and our current Privacy Policy which are incorporated by reference (collectively, the "Agreement," “Terms and Conditions” or “Terms”), govern your use of the Services. By accessing or using the Website and using the Services, you accept the Terms without modification. If you do not agree to the Terms, you may not use the Services. You and we agree to conduct transactions either manually or electronically and to submit signatures via manual or electronic means.
REPRESENTATIONS OF THE CLIENT
By using the Services you represent that:
- You are 18 years of age or older;
- You possess the legal authority to create a binding legal obligation on behalf of yourself or others for whom you are seeking to use the Services;
- You will use the Services in accordance with the Terms;
- All information provided by you either through the website, by email, by telephone or by other means is true, accurate and complete;
- Your use of the Services is limited to arranging or managing travel reservation for yourself or for another person on whose behalf you are legally authorized to act;
- You will inform such other person(s) that these Terms apply to their reservations;
- You will comply with all applicable laws, rules and regulations relating to your use of the Services; and
- You will comply with the terms and conditions of any third party supplier relating to Travel booked through us.
WEBSITE CONTENT
The content of this Website is owned or controlled by Cruisewatch and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes, but no further reproduction or modification of the content is permitted. The trademarks, service marks, trade names, and copyrights shown in this Website are also protected in the United States and internationally. No use of these trademarks, service marks, trade names and copyrights may be used to falsely indicate or imply a connection or association with, or sponsorship by Cruisewatch without the prior written authorization of Cruisewatch. The trademarks, services marks, trade names, copyrights, products, technology or processes described in this site may also be the subject of other intellectual property rights reserved by Cruisewatch or other third parties. No license is granted with respect to those intellectual property rights.
The Website is only made available to persons in the United States and Canada. You are not permitted to access the Website if you are not situated in North American you are not permitted to book travel or otherwise access the Site.
Cruisewatch makes no representation or warranty as to the completeness or accuracy of the information contained in this site. Cruisewatch shall not be liable for any failure to timely update changes in special offers or for the unavailability of special offers. CRUISEWATCH SHALL NOT BE LIABLE FOR ANY DAMAGES, LOST PROFITS, INJURIES, SAVINGS, OR GOODWILL RESULTING FROM YOUR USE OR INABILITY TO USE INFORMATION PROVIDED FROM THIS SITE. You should therefore verify information obtained from this site before you act upon it, as applicable.
This Website may provide links or references to other sites, but Cruisewatch has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided merely as a convenience to the users of this Website. Cruisewatch does not regularly review materials posted on the sites to which it is linked and Cruisewatch does not necessarily endorse all of the materials appearing on such linked sites. Any decision to view any of the linked sites is at the viewer's own risk.
SUBSCRIPTION WALL
Access to the "Price Prediction," "Alerts" and "My Cruisewatch" features of our online services are restricted to online subscribers. You can obtain a subscription free of charge by registering for one on our Site.
SUPPLIER PERFORMANCE
Cruisewatch acts as the agent of the cruise lines and other travel service providers and makes no representation or warranty as to any cruise line’s or travel supplier's safety levels, quality of service, or intended performance. We have no control or influence over the performance, operations or policies of travel suppliers.
TRAVEL INSURANCE
WE HIGHLY RECOMMEND TRAVEL CANCELLATION & INTERRUPTION COVERAGE. BY DECLINING THE OPPORTUNITY TO PURCHASE TRAVEL INSURANCE YOU ARE FULLY RESPONSIBLE FOR THE NON REFUNDABLE COST OF YOUR TRAVEL EXPERIENCE. By signing this Agreement you affirm that you are fully aware that in an event of a cancellation that you and/or your travel companions are fully responsible for any penalties and consequences that could be charged by any parties involved in your travel experience.
TRAVEL DOCUMENT REQUIREMENTS
U.S. citizens traveling internationally will need a passport which will remain valid for 6-9 months after your return to the United States depending upon the country you are visiting. U.S. citizens may also need a visa depending upon the location. Non-U.S. citizens should contact the embassy or consulate to determine if visas are required to enter a particular country. In some cases you will be required to have a transfer visa even if you will not be staying in that country. NOTE: Be sure to check the expiration of your passport. New passports and visas may take several weeks to obtain.
Information about your destination country’s entry requirements may also be found at:
SUPPLIER DEFAULT
Cruisewatch shall not be liable for failure of Suppliers, including but not limited to cruise lines and tour operators to perform the services offered by such suppliers. Cruisewatch acts merely as the agent of the Suppliers, has no special knowledge regarding the financial condition of the Suppliers and makes no representation or assurance regarding the solvency of the Suppliers. In providing concierge travel services to you, we make no guarantee that any service promised by the Supplier will actually be delivered to you. We will not offer any reimbursement to you from any loss experienced as a result of the financial condition of such Supplier. In the event that a supplier defaults prior to providing a paid service to you, the sole recourse for refund shall be with the defaulting Supplier, from insurance covering such defaults or, if you paid the Supplier by credit card, by contacting the credit card company and requesting protection or reimbursement from such defaults.
Cruisewatch warrants that it provides the highest standards of service and will always use appropriate care in recommending or selecting suppliers to protect you from such default. Yet, despite the best efforts we use to vet Suppliers, unexpected company failures can and do occur.
CRUISE PRICE PREDICTION
Our Price Prediction tool forecasts cruise prices based on historical pricing trends, extensive algorithmic data and statistical research. Although it predicts prices with an high rate of accuracy, we cannot guarantee that the price prediction generated will result in lower fares at the time of booking. Our prediction also does not guarantee that the lowest possible price will be in your preferred cabin class or category.
POST- PURCHASE PRICE INCREASES
You are advised that the travel services that you purchase are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by an airline, cruise line or government. You agree to pay additional sums to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange rates or any combination thereof. You agree that Cruisewatch may charge your credit card on file to pay for any post-purchase price increase.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
THIS SITE IS PROVIDED BY CRUISEWATCH ON AN "AS IS" AND "AS AVAILABLE" BASIS. CRUISEWATCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CRUISEWATCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CRUISEWATCH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM CRUISEWATCH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CRUISEWATCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
SUPPLIER CONTRACTS
You acknowledge that Cruisewatch uses cruise lines and other travel suppliers which have their own contracts covering cancellation penalties, Supplier loyalty rewards programs and a wide range of other terms and conditions, and that you may be bound by those contracts regardless of whether you receive notice of their terms.
Prices of cruises and other travel services may change at any time before purchase or while a travel reservation is under deposit. Prices are only guaranteed once the purchase has been completed and the tickets have been issued. The cruise lines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
In addition, Cruisewatch expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
Cruisewatch sells travel as an independent agent through CruiseDirect which is a licensed Seller of Travel in California, Florida and Washington
RESERVATION INFORMATION AND IDENTIFICATION DOCUMENTATION REQUIREMENTS
When making a travel reservation with Cruisewatch you agree to (i) provide accurate, current and complete information about yourself and those persons on whose behalf you are making a booking (hereinafter referred to as “Booking Data“); (ii) maintain and promptly update Cruisewatch as to any changes to the Booking Data, and any other information provided to Cruisewatch, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to any information you provide to Cruisewatch, (including, but not limited to Booking Data). Cruisewatch may need to request documented proof of identity in order to make certain changes to Booking Data, such as changes to name or birth date.
Cruisewatch is not obligated to retain a record of Traveler’s account or any Booking Data or other information that you may have stored by means of your client file for your use of our services, but may decide to do so at its own discretion as business decisions may warrant. You are only authorized to create and use one account with Cruisewatch and the account must be in the proper legal name of yourself and the persons for whom you are reserving tickets, as you are prohibited from using alter egos or other disguised identities when using the Service. All cruise tickets and other travel documents will be issued in the name(s) of the passenger(s) listed in your Booking Data and once issued may not be available for a name change.
ACCESSIBILTY
We have no special knowledge regarding the suitability of any cruise accommodation or travel arrangement for persons with disabilities or special needs. If you or a travel companion have special needs you must contact each relevant cruise line well in advance of travel to verify that the cruise line is equipped to respond to your need of special assistance. Cruisewatch makes no guarantees as to the cruiseline's ability to meet your request for special assistance.
CANCELLATIONS
Please be advised that all cruise line bookings are subject to cancellation penalties. It is the customer’s responsibility to obtain the details regarding cancellation penalties before booking. The details of cancellation penalties are not available at this site. Call or email one of our customer service representatives to determine the details regarding cancellation penalties for your proposed booking.
CHARGEBACKS AND PAYMENT SECURITY
To the extent that you provide us with credit card(s) information for the payment of the initial or second installment service fees or for any other fees or reimbursements, we shall be authorized to charge your credit card(s) for any unpaid charges set forth on an invoice, statement or notice provided to you. If you agree to use a multiple-payment plan to make payments to Cruisewatch, we shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. You agree to refrain from initiating any chargebacks on your credit card for any amount paid to Cruisewatch or cancel the credit card that is provided as security for future payments without Cruisewatch's prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You agree to not change any of the credit card information provided to us without notifying us in advance.
Payment for third parties such as hotels and tour operators may occasionally be made and/or required by a credit card. Any third party fees will be minimized as much as possible but are at the sole discretion and responsibility of the said third party. Payment terms are subject to the terms of the individual property, rate or supplier.
FORCE MAJEURE
We regret we cannot accept any liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented by reasons of circumstances amounting to 'force majeure.' ‘Force majeure' means any event which Cruisewatch or the supplier of the service (s) in question could not, even with all due care, foresee or avoid. Such events are likely to include war or threat of war, riots, civil strike, terrorist activity, industrial action, disease, natural or nuclear disaster, Act of God, fire, adverse weather conditions, closure of airports or ports, governmental action and all similar events.
REASONS FOR CANCELLATION IN RELATION TO INSURANCE
Certain restrictions apply and Insurance coverage is your responsibility to purchase. To file a claim you must contact the insurance company directly or depending upon your membership tier, contact Cruisewatch to file the claim on your behalf.
CHOICE OF LAW, FORUM, AND SEVERABILITY
This Agreement shall be interpreted according to the laws of the State of Maryland. You agree to make good faith attempts to resolve any disputes that may arise between the parties first through one or more forms of alternative dispute resolution, including, but not limited to, amicable negotiations, mediation, or arbitration in Maryland. If the good faith efforts of alternative resolution fail, jurisdiction over the dispute shall be filed exclusively in federal or state court in Largo, Maryland. In the event any action or proceeding is initiated by you in a court outside of Largo, Maryland, you agree to pay Cruisewatch's costs and reasonable attorney fees associated with defending such action or proceeding. If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties.
SEVERABILITY AND SUCCESSORS AND ASSIGNS
If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision. This agreement shall inure to the benefit of, and be binding upon, you and Cruisewatch and your respective heirs, legal and personal representatives, successors and assigns.
ONLINE DISPUTE RESOLUTION
AMENDMENT
These Terms and Conditions may not be amended, altered or modified, except by a written amendment executed by an authorized representative of Cruisewatch. Cruisewatch reserves the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these Terms and Conditions. The most up-to-date version of these Terms and Conditions can be found on Cruisewatch’s website at www.Cruisewatch.com.
CONTRACT CONSTRUCTION
No provision of this Agreement shall be construed against or in favor of a party merely because of who drafted it.
FINAL AGREEMENT
This Agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous discussions, negotiations and agreements. By electronically signing this Agreement, you acknowledge that you have read this entire Agreement, and you are signing it freely. You understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to you. Your signature applies to all pages of this Agreement and indicates your acceptance of all policies stated herein.
These Terms and Conditions are effective as of June 11, 2019.