Terms & Conditions

BOOKING TERMS AND CONDITIONS

INTRODUCTION

You (as a Guest) acknowledge and agree that your ticket for the Voyage is the Guest Ticket Contract (the “Ticket Contract”), which incorporates by reference these Booking Terms and Conditions (these “Booking Terms”).

All Bookings and Voyages will be governed by the Ticket Contract, which contains important limitations on the legal rights of Guests. You should carefully read the Ticket Contract in its entirety before completing your check in process. A SAMPLE VERSION OF THE TICKET CONTRACT THAT IS IN EFFECT AT THIS TIME CAN BE VIEWED AT FOURSEASONSYACHTS.COM.

Any Booking by Guest constitutes Guest’s acceptance and consent on behalf of itself, and on behalf of all other persons who will travel under the Ticket Contract, to be bound by these Booking Terms. The Guest making the Booking represents and warrants that it has the authority to accept these Booking Terms and the terms and conditions of the Ticket Contract on behalf of all persons who will travel under the Ticket Contract. Guest acknowledges and agrees that it has read and understands the terms and conditions set forth in the Ticket Contract and that the Ticket Contract contains important information relating to Guest and the Voyage (as defined below), including, but not limited to, waivers and limitations of Guest’s legal rights.

Except as otherwise expressly set forth in the Ticket Contract, the terms and conditions of the Ticket Contract supersede any oral or written representations or agreements relating to the subject matter of the Ticket Contract, and in the event of a conflict between these Booking Terms and the terms and conditions of the Ticket Contract, the terms and conditions of the Ticket Contract shall govern and control.

DEFINITIONS

Unless otherwise defined in these Booking Terms, defined terms shall have the meaning given to them in the Ticket Contract.

“Booking” means the steps taken by the Guest or their agent to enter into a contract with the Company relating to the relevant Voyage, which is evidenced by the issuance of a confirmation invoice sent by Company or any agent.

“Carrier” means the Yacht and Marc-Henry Operating Limited (a Maltese limited liability company), with an address of 85 St. John Street, Valletta VLT 1165, Malta.

“Carrier Entities” or, individually, a “Carrier Entity,” means Carrier, Company, and Marc-Henry Cruise Holdings Ltd, and each of their respective owners, charterer(s), parents, subsidiaries, affiliates, employees, officers, and crew members.

“Company” means FSY Florida LLC, a Florida limited liability company, that organizes Voyages and sells or offers them for sale, whether directly or through any agent.

“Departure Date” means the embarking date for the Voyage.

“Guest” or “Guests” means any and all passengers traveling on the Yacht under the Ticket Contract (including any persons traveling in their care), whether named on the face of the Ticket Contract or otherwise.

“Indemnified Parties” or, individually, an “Indemnified Party,” means Carrier Entities’ principals, agents, licensors, joint venturers and all employees and agents of such individuals, companies, and entities, including but not limited to FSHR (Malta) Management Ltd. its affiliates, employees, agents, members, shareholders, managers and directors and each of those entities’ employees, agents, members, shareholders, managers and directors (collectively, the “Four Seasons Persons”).

“Voyage” means the specific Voyage covered by the Ticket Contract, as the same may be modified and shall include those periods prior to initial departure of the Yacht at the port of embarkation during which the Guest is at any terminal or docking facility owned or operated by Carrier, periods at the port of disembarkation after the Guest disembarks but has not yet departed any terminal or docking facility owned or operated by Carrier, and those periods when the Guest is on land or otherwise not aboard the Yacht while the Yacht is in port or underway during the Voyage.

“Yacht” means the ship or vessel on which the Guest will be traveling (or any substituted ship or vessel), and its tenders, rigid inflatable boats, marina equipment or any other means of conveyance owned, operated, or managed by Carrier in whole or in part.

DEPOSIT AND PAYMENT INFORMATION

Guests are required to pay a deposit equal to 25% of the Guest’s Voyage Fare, which is due no later than three calendar days after a Booking is made. If the full amount of the deposit is not paid on time, Carrier reserves the right to cancel the Booking. The final payment of all amounts due from the Guest for the Guest’s Voyage Fare shall be made no less than 150 days prior to the Departure Date for Standard Suites, and no less than 180 days prior to the Departure Date for Signature Suites. Carrier reserves the right to cancel the Booking if the final payment of all amounts due is not made on time, and, if the Booking is cancelled, the Guest shall be charged a cancellation fee (as set out in these Booking Terms) in accordance with these Booking Terms and the Ticket Contract.

If a Guest’s Booking for a Standard Suite is made less than 153 days before the Departure Date, or, for a Signature Suite, the Guest’s Booking is made less than 183 days before the Departure Date, the full amount of the Voyage Fare is due immediately at the time of Booking. The Booking will not be accepted if the full amount of the Voyage Fare is not paid immediately at the time of Booking.

Payment must be made by credit card (only American Express, Visa, MasterCard, Discover are accepted), travel agency check, or by a wire transfer.

USE OF TRAVEL AGENTS OR SALES AGENTS

The Guest acknowledges and confirms that any agent utilized by that Guest in connection with the Booking or issuance of the Ticket Contract is, for all purposes, solely the Guest’s agent and is never the agent of the Carrier. Carrier Entities and Indemnified Parties shall not be liable for any representation made by said agent. Guest shall remain liable at all times to Carrier for the price of passage. An agent utilized by the Guest in accordance with this Section acts as agent of the Guest with authority to bind the Guest to the Ticket Contract (including these Booking Terms) and in making the arrangements for the Guest’s Voyage (including any related lodging) and any Shore Experiences. Carrier Entities and Indemnified Parties are not responsible for any representation or conduct made by the agent, including but not limited to, any failure to remit Guest’s deposit or other monies to Carrier, for which Guest shall at all times remain liable, or any failure to remit a refund from Carrier to Guest. Receipt by the agent of the Ticket Contract (or these Booking Terms) or of any other communications, notices or information from Carrier shall constitute receipt of such materials by the Guest. Carrier Entities and Indemnified Parties are not responsible for the financial condition or integrity of any agent, but this does not affect any of the Guest’s statutory rights under applicable law and the Guest should refer to the terms and conditions of the agent for further information.

SUBSTITUTION OF GUESTS

In its sole and absolute discretion, Carrier may permit the substitution of booked Guests, although this may not always be possible. If Carrier permits a substitution of a booked Guest, then such substitution will be treated as the cancellation of such Guest and the addition of a new “Guest” for a Booking. To the fullest extent permitted by applicable law, inside of thirty (30) days of the Departure Date any substitution of a Guest on the Booking may be considered a full suite cancellation and applicable cancellation fees will be assessed to the original Guests and the new Guest will be subject to the prevailing Voyage Fare.

GUEST INFORMATION FORM

Guests are required to complete a “Guest Information Form” prior to the Departure Date. Guests may not be permitted to board the Yacht or embark on the Voyage or may be asked to disembark after boarding if complete information has not been provided. Carrier shall have no liability for any refund, payment, compensation, or credit of any kind if a Guest is disembarked or denied boarding due to an incomplete Guest Information Form. Included in the Guest Information Form is a request for contact information of family members or others in the event of an emergency, as Carrier must be able to reach each Guest’s emergency contact at any time of day. None of Carrier Entities nor any Indemnified Party shall be liable for any damages, losses, costs, expenses, or other claims, including without limitation claims for emotional distress, in the event Carrier is unable to reach an emergency contact for any reason, including the Guest’s failure to provide accurate contact information throughout the Voyage.

TRAVEL DOCUMENTATION

Guest is responsible for having received all medical inoculations necessary for the Voyage and having in their possession their ticket, which may be in electronic form, and all necessary or requested travel documents (which may include, but will not be limited to, valid government issued citizenship documentation). Guest must take all steps required to enable Guest to embark the Yacht, disembark the Yacht at any port of call, and to comply with the laws of the country in which each such port is situated.

It is Guest’s sole responsibility to determine what visas, health certificates, other travel documents and passport validity may be required for their specific itinerary, to obtain such required travel documents prior to commencing travel, and to present them upon embarkation onboard the Yacht. Guests lacking the required travel documents will be denied boarding and will not be entitled to a refund or compensation of any kind because of such denied boarding. In furtherance of the foregoing, Guests, regardless of their itinerary, are required to (i) provide passport information at the time of final Booking payment and (ii) present a physical copy of their fully valid undamaged passport at embarkation aboard the Yacht. Passports must have sufficient validity to the Voyage and be at least valid six (6) months from the date of trip completion. Certain countries, including the USA and Russia, require machine-readable and digital photo passports.

The U.S. government (and governments of other jurisdictions) place restrictions on the carriage of Guests whose names appear on government watch lists or who are deemed legally ineligible to travel. Carrier may cancel the Booking of any Guest who is or becomes ineligible to travel for any reason under applicable laws.

Carrier Entities and the Indemnified Parties will not in any circumstance be liable for the consequence of any insufficiency or irregularity in Guest’s travel documentation, the failure of Guest to have the appropriate travel documentation, or the noncompliance by Guest with any applicable laws relating to eligibility to travel or proper travel documentation.

TICKET CONTRACT CANNOT BE SOLD, ASSIGNED, OR TRANSFERRED

The Ticket Contract is valid only for the Guest or Guests named on the Ticket Contract for the Voyage specified on the Guest’s or Guests’ ticket, and only the Guest or Guests named on the Ticket Contract will be allowed to embark on the Voyage. Unless permitted under regulations applicable in the United Kingdom or the European Union, or other applicable laws, the Ticket Contract may not be sold, assigned, or transferred.

VOYAGE FARE AND OCCUPANCY

Voyage Fare is per suite, based on the published occupancy of the suite. Additional occupancy over the published occupancy of the suite may be available on a limited basis in certain suite categories and may be subject to certain restrictions (including restrictions on age of the additional occupant(s)).

Voyage Fare is the amount that the Guest is required to pay for the Voyage, does not include airfare, transfers, hotel accommodations, lunch and dinner in all onboard restaurants, Baggage handling and storage charges, fees paid for the storage of Property valued in excess of $1,000 per item, credit or debit card fees, surcharges, Shore Experiences, sightseeing or meals ashore, alcoholic beverages, visa fees, laundry or dry cleaning, applicable corkage fees or any item or service whatsoever of a personal nature, such as boutique purchases, medical charges incurred on board or ashore in connection with medical treatment, medical conditions, or medical disembarkation, spa services, salon services, for all of which separate charges may be imposed.

Under normal conditions, the amount of the Voyage Fare is guaranteed at the time of Booking. However, the fare paid is determined far in advance of initial departure based on then-existing projections of fuel and other costs. Surcharges may be imposed in the event of any significant change in costs beyond Carrier’s control, including but not limited, increases in the price of fuel, currency fluctuations, increases in government taxes or levies or increased security costs. On becoming aware of the need to impose such surcharges, Carrier shall provide reasonable notice to all Guests prior to the Departure Date. Carrier has the right to refuse to transport Guests unless the additional surcharge is paid in advance of the Departure Date.

Guests are prohibited from bringing most types of alcohol onboard our Yachts. However, guests may bring bottles of wine and champagne on board for personal consumption. When bottles are brought on board and served or consumed in any restaurant or public area, a corkage fee may be charged.

CANCELLATIONS, DEVIATIONS, AND SUBSTITUTION BY CARRIER OF ITINERARIES AND PORTS

Carrier may, for any reason and without prior notice, whether or not a deposit has been received and whether or not the Voyage has already begun, and without any liability whatsoever to Guest: (i) cancel the Voyage, (ii) deviate from the scheduled ports of call, route and/or timetableat sole discretion of Carrier, due to lack of pilots or tugs, or loading and discharging of fuel, laborers stowaways, Guests, or crew, or for any other reasons, (iii) call, omit to call, or advance or delay landing at any port or place or cancel or modify any activity on or off the Yacht, (iv) evacuate passengers for safety or take any action necessary to comply with all governmental laws and orders given by governmental authorities, (v) render assistance to preserve life and Property, (vi) change the date or time of sailing or arrival, (vii) change the port of embarkation or disembarkation, shorten or lengthen the Voyage or substitute ships, aircraft or other transportation or lodging, and (viii) proceed without pilot or tow.

VOYAGE CANCELLATIONS BY GUEST

If a Voyage ticket or fare is labeled as nonrefundable at the time of Booking, Guest shall not be entitled to receive a refund in connection with any cancellation by Guest. In all other instances where a Guest cancels a Booking, Guest’s fare deposits will be refunded, subject to the following cancellation fees:

Standard Suites

Signature Suites

*The 3% fee will be credited to the Guest’s account and may be applied to a future voyage within 12 months of issuance.

For any Voyage embarking passengers in the United States of America, certain additional cancellation and refund rights may apply if a Voyage is cancelled or departure is delayed. For information, see: https://www.fmc.gov/resources-services/cruise-passenger-assistance/

Guest-requested downgrades of suite categories will be treated as a cancellation subject to the cancellation fees set forth above with respect to the fare difference between suite categories. If a Guest requests any other changes to a reservation or itinerary and Carrier is able to accommodate such changes, then such changes may result in a per Guest reasonable service or administration fee. Guest will be responsible for any additional reasonable costs which are incurred as a result of requested changes. Please contact Carrier for further details.