Booking and Travel Terms and Conditions Contract (Effective 3/18/2023)

CANCELLATION SCHEDULE: For complete cancellation details, see Section 6.

Cancel on or before June 23, 2023 Full refund (excluding deposit and fees)

Cancel between June 24 and August 25, 2023 75% refund

Cancel between August 26 and October 20, 2023 50% refund

Cancel between October 21 and December 14, 2023 25% refund

Cancel on or after December 15^th, 2023 No refund, please refer to travel insurance

 

EPEX highly recommends the purchase of travel insurance. All guests agree that no refunds or credits can be offered outside of the cancellation schedule. Travel insurance is offered at the time of booking and may be purchased at anytime. Cancel for any reason travel insurance must be purchased within 14 days of booking. By refusing the purchase of travel insurance all guests hereby assume full responsibility and risk for cancelled bookings. The Preferred Plan offered by Travel Guard is available for purchase through a EPEX Ventures reservation website. Please visit https://www.travelguard.com/travel-insurance/plans/preferred to learn more about coverage under their Gold Plan. To book travel insurance, give us a call at 877.381.5553 or add travel insurance using your online account.

 

Welcome to the 2024 Legends Cruise. This document contains an IMPORTANT NOTICE TO GUESTS for the Cruise concerning important regulations and limitations with respect to this Cruise between you and the companies booking or chartering the Cruise and programming the Cruise events. The company is EPEX Experiences (EPEX), the travel and event company producing the Cruise. It is IMPORTANT that you carefully read all terms of this Contract paying particular attention to Section 1 which limits our liability and your rights to sue, cancel and refund. Please retain this document for your reference. Also, as Royal Caribbean Cruises herein referred to as “CRUISE LINE” is the carrier for the Cruise, you as a passenger on their ship will be subject to certain limitations as more specifically set forth in the Ticket Contract at the time you complete your registration to become a passenger on the ship. If you would like to review the Ticket Contract terms and conditions set by Royal Caribbean CRUISES, please read more at: http://www.royalcaribbean.com/legal.do#0 Therefore, your Cruise is subject to this document (“Booking Contract”) between you and EPEX and the Ticket Contract between you and “CRUISE LINE”. Both documents contain important limitations on your rights and are legally binding documents. Please read carefully all the terms of these contracts.

UNDER NO CIRCUMSTANCES DOES THIS CONTRACT PROVIDE FOR AN AGREEMENT BETWEEN YOU AND ANY SPORTS TEAM. FURTHER, YOU, AS A GUEST, ACKNOWLEDGE THAT THE CRUISE PROMOTED AND IDENTIFIED PERSONS, PLAYERS, FORMER PLAYERS, ARTISTS AND ENTERTAINERS AFFILIATED WITH THE CRUISE AND THE OTHER PROMOTED PERSONS APPEARING IN CRUISE ADVERTISEMENTS (COLLECTIVELY “PROMOTED PERSONS”) ARE SUBJECT TO CHANGE FOR ANY REASON AND/OR LIMIT THEIR PARTICIPATION OR AVAILABILITY DURING THE CRUISE. NO REFUNDS, DISCOUNTS OR SETOFFS ARE AVAILABLE FOR ANY REASON REGARDING THE AVAILABILITY OF THE “PROMOTED PERSONS”.

 

Section 1.  Overview

This Booking and Travel Terms and Conditions Contract (the “Booking Contract”) describes the terms and conditions that will apply to the relationship between you and EPEX with respect to the Cruise and Cruise Events covered by this agreement. Except as otherwise provided herein, this agreement supersedes any other written or oral representations or agreements relating to the subject matter of this Booking Contract. Each guest and passenger specifically agrees that the provisions provided by EPEX and its partners are included within the terms and conditions noted and that EPEX and its partners shall be entitled to the benefit of all the rights, terms, conditions, and limitations granted by CRUISE LINE, pursuant to its ticket contract as a charterer of the vessel as though EPEX. The term Guest and Passenger describes you as the customer as applicable to the Booking Contract (with EPEX.) and the Ticket Contract (with “CRUISE LINE”).

 

Section 2. Booking Contract.   

By making this reservation, or by acceptance and/or use of the registration process in booking a cruise onboard a CRUISE LINE vessel, the person named thereon as passenger, each passenger and guest on the same reservation, each acknowledges he or she has read, and understands each and every term, condition, and provision of these terms and conditions and agrees to be bound thereby. In addition, the making of this reservation by or the acceptance and/or use of the registration process issued by EPEX by the persons named as Guests shall be deemed to be an acceptance and agreement by each and every person to all the additional Terms and Conditions set forth herein. You acknowledge and expressly agree that EPEX and affiliated third parties are acting solely in their capacity as tour operators, brokers and independent contractors arranging this cruise and that EPEX and its third party partners have no right or ability to control or direct the operational or navigational activities of the vessel or crew in any manner whatsoever whether aboard the ship or ashore, including without limitation persons furnishing services to the vessel or to the passengers including shore side excursions, personnel, or contractors, embarkation and disembarkation to and from the vessel, conditions of the vessel and its equipment.

 

Section 3. Cancellation by Name Talent/Substitution or Modification of Programs

While specific celebrities, players, current and former team members, coaches, and personnel (“VIP Attendees”) have agreed to attend the cruise and be involved in onboard programs, EPEX and its third party partners shall not be liable for failure of any VIP Attendees to attend, whether or not said person is announced in any materials (digital, social, printed, etc) relating to the cruise. Additionally, while specific Cruise- or other special events will be announced, including some that are subject to capacity limits, reservations, additional fees, and or specific accommodation levels, EPEX and its third party partners shall not be responsible for the inability to hold any such program due to any reason, beyond the refund of any reservation fees paid for such a program. Autograph sessions will be scheduled with some and not necessarily all VIP Attendees at which Guests may obtain autographs from VIP Attendees. Guest acknowledges that Guest is not guaranteed autographs from any or all VIP Attendees without the purchase of an Autograph Pass. Some players have exclusive memorabilia agreements which may limit the items they are able to sign. Guests will receive a complimentary Cruise lanyard which will serve as their “ticket” into special events. Extra lanyards will not be available on board. Lost, stolen, or misplaced lanyards will not be replaced. Guest agrees, acknowledges and understands no warranty is provided to the Guest that any such program or event will be available to any individual guest. Guest agrees to hold harmless any and all parties involved including the EPEX, teams and the individual Promoted Persons from any liability due to a change in scheduled events, cancelled events or other reasons of unavailability. No party shall be held liable to the Guest for any loss to the passenger or others to the extent that such performance is prevented or loss is caused by Acts of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under the color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions, pandemics, health concerns and considerations of the safety of the vessel (for which the Master shall be the sole judge), breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by government authority, illness, death of a family member or other cause or circumstance beyond EPEX and its third party partners reasonable control. In the event of any failure of any VIP Attendee described above to participate in the cruise, EPEX may, at their sole discretion, engage a replacement VIP Attendee and/or change, postpone, or terminate any portion of the program. In such case, EPEX shall have no liability to any passenger for any loss, damage or expense whatsoever by reason of such change.

 

Section 4. Changes in Reservations

Any changes in bookings may be made by any person(s) financially responsible for the online reservation system. Lead guests transferring their reservation to another name will result in a $50 lead guest name change. Name changes are permitted until December 15, 2023 for 2nd, 3rd, 4th and 5th guests. Any changes will need to be made by calling Customer Service at 877.381.5553. If the change is permitted, Customer Service will make the adjustment. Please note that name change fees $50 may apply when changes are made within 60 days of sailing. No changes or additions can be made within 30 days of sailing.

 

Section 5. Payment Schedule, Amounts and Method

At the time of booking, a minimum non-refundable deposit per person will be charged. Cruise guests will have the option to 

1. Pay in full for the cruise at the time of booking or
   2. Enter into an interest free payment plan with EPEX through ACH debit.
   3. Enter into an interest free payment plan with EPEX through placing a credit card on file. 

For credit card purchases, a 5% credit card processing fee applies.  Guests opting for either of the interest free payment plans agree that the card or account on file will be automatically charged on the 15th of every month. Payments will be equally divided over the remaining number of months between the date of the sale and December, 2023. A small payment plan fee may apply.  A custom payment plan may be arranged with EPEX by contacting customer service. An additional fee of $35 may apply for custom payment plans or making a change to an existing payment plan.

Please note that by completing your booking for the Cruise, you are agreeing to make payments for the cruise, any added fees, and optional items such as travel insurance, airfare, VIP add on items and pre- or post-cruise hotel stays.

5.2—Guests Payment Method. Any and all Guest payments contemplated hereunder may be made with an accredited credit card company, or sent by check to the address below, or appear in person and pay in cash. No booking is complete until the payment is received and confirmed by the Guests identified financial institution.

5.3—Changes in Guests Payment Method. Guests are responsible for informing EPEX, the exclusive booking agent for the Cruise, of any changes to and/or updated credit card or other payment method information. In the event the Guest’s selected payment method cannot be processed for any reason a $35 fee will be charged. EPEX will attempt to contact the Guest to obtain updated information at which time the Guest will have two (2) business days to reply with valid payment. Should that period pass without EPEX receiving a valid payment method, EPEX may elect to resell the stateroom(s) identified with that reservation number to waitlisted customers or the general public.

 

Section 6. Booking Cancellation and Modification Policy Each passenger acknowledges that the cruise may be cancelled for any reason at which point a full refund would be granted. EPEX, Cancellation Policy supersedes the policies of the “CRUISE LINE” Ticket Contract. Cancellation fees for cruise reservations as well as any refund due to the Guest for a cancellation will be assessed according to the date of cancellation, as noted in the Cancellation Fee Schedule below and will apply to all Guests on the reservation. Cancellations must be made by sending a request via email to info@legendsofpittsburghvacation.com.

 

A change in reservation, but not a total cancellation, such as a stateroom category downgrade, may result in a change fee of $100. Adding an additional guest to an existing reservation may result in a cabin location change and a fee of $50.

Please be advised that no refunds will be made in the event of interruption or cancellation by any passenger after commencement of the cruise. Also, no refunds will be given for cruise no-shows. Cancellations can be completed by submitting the following form

 

Cancel on or before June 23, 2023 Full refund (excluding deposit and fees)

Cancel between June 24 and August 25, 2023 75% refund

Cancel between August 26 and October 20, 2023 50% refund

Cancel between October 21 and December 14, 2023 25% refund

Cancel on or after December 15^th, 2023 No refund, please refer to travel insurance

 

Passenger further expressly acknowledges that EPEX highly recommends travel/cancellation insurance for each and every passenger. Guest acknowledges and agrees that he/she bears the sole responsibility to purchase travel/cancellation insurance. Should you refuse the purchase of travel insurance guests hereby acknowledge that they are assuming full responsibility and risk of cancelled bookings. Under no circumstances can EPEX offer refunds or credits outside of the above cancellation schedule.

 

The Preferred Plan offered by Travel Guard is available for purchase through a EPEX Ventures reservation website. Please visit https://www.travelguard.com/travel-insurance/plans/preferred to learn more about coverage under their Gold Plan. To book travel insurance, give us a call at 877.381.5553 or add travel insurance using your online account.

 

Section 7. Stateroom Number Assignments

Approximately between 60-90 days before the sailing date, you will receive an email confirming your stateroom number and booking number for the cruise. The email will contain directions on how to register with “CRUISE LINE” online in order to print your boarding documents for embarkation day, sign up for shore excursions, and register a credit card for onboard purchases. All guests are required to complete this online registration prior to cruising. Adults will be responsible for registering the minors in their party. Every passenger must be registered with “CRUISE LINE” before the sailing date. While guests may indicate cabin, location, deck or other preferences on their Booking Form, the Cruise line and EPEX and its third party partners cannot guarantee the availability of any specific stateroom, deck or location to a booking.

 

Section 8. Who May Sail

Guests represent and acknowledge that he/she and individuals traveling with Guest are fit for travel and that such travel will not endanger themselves or others. Additionally, Guests understands that “CRUISE LINE” and EPEX shall have the right to deny boarding for any violations of any of the policies set forth in this Section 8 without any liability for refund, compensation, loss or damages to the Guest or those traveling with the Guest.

 

Guests eligible to sail include the following and subject to following restrictions:

• Infants who are at least 6 months old on the day of departure may sail.
• Women, who will be less than 24 weeks into their pregnancy on the day of departure and for the duration of the cruise, may sail. This policy is due to the risk of premature labor. Pregnant women must have a letter from their doctor (on the physician’s letterhead) stating how far along (in weeks) their pregnancy will be at the beginning of the cruise, that mother and baby are in good health and fit to travel, and that the pregnancy is not high-risk. This letter is required no less than 6 weeks prior to sailing.  All guests are required to sign a health questionnaire at check-in to ensure they are aware of our pregnancy policy.
• Any Guest under the age of 18 shall be considered a minor and must travel with a parent or legal guardian.
• Adults aged twenty-one or older may sail. The Cruise Line shall refuse boarding to any guest under the age of twenty-one unless the guest is:
  • traveling in the same stateroom with an individual twenty-five years or older; or
  • traveling in the same stateroom with their spouse (proof of age and/or proof of marriage are required).
  • traveling with a parent or guardian in an accompanying stateroom.

 

Section 9. Documentation

Proper travel documentation, a valid passport or a government issued original (not a copy) Birth Certificate and a laminated government issued picture ID with photo, legal name and date of birth, is required at embarkation and throughout the cruise and is the responsibility of the guest. Any guest traveling without proper documentation will not be allowed to board the vessel and no refund of the cruise fare will be issued. For further information see the U.S. Customs and Border Protection website. Travel documents (passports) must be valid up to 6 months from the date of disembarkation. The requirements above are for US citizens; non-US nationals may require entry visas in addition to their valid passports. Please check with the US Department of State and Mexican Government websites for current visa requirements.

 

Section 10. Cruise Fare

Cruise rates on the booking website are calculated based on double occupancy; inclusions, exclusions and additional taxes and fees are detailed in the Booking Form. The cost for third and fourth passengers sharing a stateroom with two full fare passengers will be as noted on the registration site under cabin information. Rates are the same regardless of age of passengers or cabin type.

 

Gratuities and Taxes.

Taxes & Fees: Port taxes, government fees, booking and processing fees total $200.00 per person.

Gratuities:  $150.00 per person for all stateroom categories will cover tips for dining room waiters and room attendants.

Fuel Surcharge.

The Cruise line reserves the right to impose a fuel supplement if the Cruise line does so fleetwide for all Guests. In such event, the Guests may be subject to following additional costs if imposed by the Cruise line. Fuel Surcharge is not to exceed $10 per guest, per day for Guest 1 and 2 in stateroom. For 3rd and 4th Guests, shall not exceed $5 per guest per day.

Hotel Availability.

EPEX may offer a partner hotel near the departure port with a group rate for guests booking through EPEX in conjunction with the cruise. Pricing for rooms at the host property, any additional charges for services, taxes or fees will be available to cruise guests upon request. EPEX cannot guarantee availability of rooms at any hotel, nor can EPEX guarantee entry to any Legends Cruise related program that may take place at the host hotel.

 

Section 12. Services not included

Additional expenses may include but not limited to: Transportation to and from the cruise, flights, hotel accommodations, ground transfers, cancellation insurance, shore excursions, any items of a personal nature such as laundry, gift shop, telephone calls, Internet services, specialty restaurant dining and beverages not on the included menu (bottled water, juices, specialty coffees, alcohol, etc.), are not included in the cruise fare.

 

Section 13. Advanced or Delayed Sailings

In the event of strike, lockouts, riots or stoppage of labor from whatever causes, viruses or for any other reason whatsoever beyond the control of EPEX or “CRUISE LINE”, “CRUISE LINE” in its sole discretion may cancel, advance, or postpone any scheduled sailing or call at any port and may (but is not obligated to) substitute another vessel, and neither CRUISE LINE nor EPEX shall be liable for any loss whatsoever to passengers by reason of such cancellation, advancement, postponement, or substitution.

 

Section 14. Photography/Video

You acknowledge CRUISE LINE, EPEX and its promotional partners have the exclusive right to capture photographic, video and other visual portrayals of passengers in any medium of any nature whatsoever and the foregoing entities may use and re-use, publish and/or broadcast the foregoing photographs, images, videos, quotes, summaries, biographies and/or excerpts, in whole or in part, individually or in conjunction with other photographs, images, videos, text, quotes, summaries, biographies and/or excerpts, in videotapes, broadcasts, on websites, and/or in newspapers, magazines, brochures, advertisements, press releases, training materials and other articles and in such medium and format, at such locations and for such purposes, as may be approved by the entities, in connection with the entities’ ongoing business, trade, promotional and/or advertising activities.

Guest acknowledges that all rights in the foregoing photographs, images, videos, quotes, summaries, and/or excerpts will belong to the entities, that Guest will not have any rights in any of them, and that the entities will not have any obligation to pay any money to Guest or provide Guest with any products, services or compensation in connection with any of them or in connection with the entering into this Agreement. Guest agrees that the entities may use your likeness, voice and/or image in connection with any of the foregoing photographs, images, videos, quotes, summaries, biographies and/or excerpts, if the entities so choose.

GUEST HEREBY RELEASES AND DISCHARGES THE ENTITIES AND EACH ENTITIES EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS AND DEMANDS THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF ANY OF THE FOREGOING PHOTOGRAPHS, IMAGES, VIDEOS, QUOTES, SUMMARIES, BIOGRAPHIES AND/OR EXCERPTS.

Conversely, while guests are free to capture video, photo and audio recordings during the cruise for their personal use, such images or recordings may not be used for any commercial purpose whatsoever without the express written permission of EPEX.

 

Section 15. Release of Liability

In consideration of the risk of injury while participating in the Cruise and special activities (“Activities”), and as consideration for the right to participate in the Activities, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily release of liability and waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activities, and do hereby release and forever discharge Leadership League, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, vendors, partners, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, disease, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activities, including traveling to and from an event related to this Activities.

I am voluntarily participating in the Activities entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activities, which may include, but are not limited to, physical or psychological injury, pain, suffering, disease, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activities location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activities, including travel to, from and during this Activities.

I agree to indemnify and hold harmless EPEX against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If EPEX incurs any of these types of expenses, I agree to reimburse EPEX.

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

I agree to indemnify and hold harmless Leadership League and any vendors, partners, talent, employees, agents, staff, volunteer and representatives for any loss or injury involving alcohol consumption.

I acknowledge that EPEX, and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activities on behalf of EPEX.

I acknowledge that some Activities may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, the health of others including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

I acknowledge that I have carefully read and fully understand this release of liability. I expressly agree to release and discharge EPEX and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against EPEX for personal injury or property damage.