CARRIAGE CONTRACT TERMS AND
Passenger(s) and any person traveling with Passenger under any ticket issued by KWE, by the acceptance of the ticket and entry onto the KWE Vessel accepts on behalf of Passenger and all persons traveling under the same sale or ticket, all terms and conditions set forth herein and the acceptance of the ticket and entry onto the KWE Vessel constitutes an undertaking and acknowledgement of this Carraige Contract and its Terms and Conditions.
1. Definitions. As used herein, the following terms have the meanings set forth below:
- Passenger or Passengers(s) - means all persons traveling under the same sale or ticket, their heirs, successors, assigns and representatives. Either term when used is intended to include the plural, if applicable.
- KWE - means Key West Express, LLC., as well as any person or entity who owns the Vessel, charterer, operating company or any other entity or person involved in any way with the Vessel and the carriage of passenger(s).
- Vessel - means the Vessel actually used for carriage of passenger(s), regardless of ownership.
2. Entry. In connection with entry on the Vessel, the following rules apply:
- Each adult Passenger is permitted to bring no more than two carry-ons aboard the Vessel. Passengers are prohibited from carrying aboard the Vessel controlled substances, alcoholic beverages, weapons, firearms, explosives or other similar property or anything contained in glass. KWE reserves the right to refuse to permit any Passenger to carry aboard Vessel any item KWE deems inappropriate.
- All Passengers and carry-ons are subject to search at the sole discretion or KWE.
- KWE reserves the right to deny passage to any Passenger, with or without a ticket, that does not arrive a minimum of 45 minutes prior to a scheduled departure.
- KWE does permit household pets (dogs, cats, birds) aboard the Vessel. KWE must be advised of the transportation of pets at the time of reservation. Pets must be secured in their carriers at all times. Passengers with working dogs must present credentials at the time of ticketing.
- Federal regulations prohibit KWE from allowing any Passenger 18 years of age or older aboard the Vessel without valid government issued photo identification. Acceptable identification is most commonly a driver's license or passport.
- Passenger(s) agrees to follow all commands issued by the captain of the Vessel or the crew and that failing to follow such commands may subject the Passenger(s) to detention, arrest or removal from the Vessel.
- Failure of Passenger(s) to abide by any of these conditions gives KWE the right to deny Passenger(s) entry aboard the Vessel or to cause Passenger(s) to be removed from the Vessel at Passenger(s) expense.
3. Disclaimer of Warranties. Passenger(s) admits a full understanding of the nature and character of the Vessel and service KWE offers. Therefore, the parties acknowledge and agree to the following:
- KWE makes no express warranty concerning the Vessel nor shall there be, and there is hereby disclaimed or express of implied warranties as to the seaworthiness, fitness, or condition of the Vessel or any food or drink served aboard the vessel.
- Passenger(s) shall be fully responsible for all medical care requested or required whether aboard or ashore, including the cost of any emergency medical care or transportation and acknowledges that KWE is not required to and has not provided any medical personnel for the cruise and by entering on the Vessel, the Passenger(s) assumes all risks associated with the need or lack of presence of medical personnel or medical care aboard the Vessel.
- In connection with the cruise, Passenger(s) may reserve ground transportation, hotels, restaurants or similar activities or services, and some or all of these may be recommended by KWE employees. Passenger(s) acknowledge that the providers of such services are independent contractors, are not acting like agents or representatives of KWE and such recommendations may be made only for a Passenger(s) convenience. In no event shall KWE be responsible or liable for any activites or services provided by such independent contractors and Passenger(s) assume the full risk or utilizing such independent contractor services.
- At its sole discretion and without liability therefore, KWE reserves the right to substitute Vessels, modify or cancel trips at any time for any reason whatsoever, with or without prior notice. Whether passenger(s) or KWE cancels a trip or portion thereof, refunds are limited by the terms of KWE refund policy. Passenger(s) are advised to refer to KWE's refund policy for specific terms of refunds as applicable to the ticket purchased and circumstances of refund.
- Water transportation aboard a Vessel may be or become uncomfortable. The motion which you will experience on the water may be unfamiliar or uncomfortable to you and may vary directly based on prevailing weather and sea conditions of which KWE has no control. Passenger(s) with particular susceptibility to motion sickness, inner ear disorders, heart conditions or any similar conditions are encouraged to check with their physician prior to cruise. By entry aboard the Vessel, Passenger(s) warrants to KWE that they are fit for the cruise and water travel and that such travel will not endanger themselves or others.
4. Violation of Laws. Passenger(s), or if a minor or incompetent, their parent or guardian, shall be liable to and indemnify KWE for any fines or penalties imposed on KWE or the Vessel by any authorities for failure to observe or comply with any local and/or federal governmental laws or regulations. This indemnification shall include all costs and attorneys' fees incurred by KWE in connection with such actions.
5. Assumption of Risks. Passenger(s) assumes all risk of traveling aboard the vessel, including death, personal injury or any similar damage and agrees that KWE shall have no liability for such events. Passenger(s) also agree and assume all risk of damage to or theft to luggage, loss or damage to any contents of the luggage and the loss of any jewelry, cash, negotiable paper, photographic/electronic/computer equipment or other valuables brought aboard the Vessel. In the event KWE is determined to have any liability for theft, loss or damage to personal property brought aboard the Vessel, such loss shall be limited to $300.00 per Passenger(s) unless Passenger(s) declares the true value in writing and pays KWE a nonrefundable of 5% of the amount that such value exceeds $300.00. In such event, if KWE is determined to have liability, KWE's liability shall be limited to true declared value, but not exceeding $1,000.00. Passenger(s) understands that KWE has no provision for deposit or safe keeping of any property of Passengers(s) at any time during the cruise.
A. Passenger(s) arriving at or disembarking from all locations serviced by KWE, including but not limited to Rose Marina on Marco Island Florida, assume all risk of parking at the marina and all other properties, traveling to or from the Key West Express vessels, including death, personal injury or any similar damage and agrees that Marco River Marina, Inc. d/b/a Rose Marina, Key West Express, LLC and affiliates and City of Key West shall have no liability for such events. Notwithstanding the foregoing, this indemnification shall not apply to damages to Landlord resulting from the gross negligence, willful misconduct or action or inaction of the Landlord and Landlord hereby indemnifies and holds Tenant harmless from any claims or damages Tenant suffers as the result of the gross negligence, willful misconduct or action or inaction of the Landlord. In addition, to the extent any alleged claim or damage to the Landlord is covered by insurance, Landlord agrees to look solely to insurance coverage and proceeds to satisfies any claims it has against Tenant under this Section and, in such event, Landlord shall not look to Tenant or its assets to satisfy any damages.
6. Exclusion of Liability; Limitation on Bringing Claims.
- This Passage Contract applies to claims, suits and litigation of any kind whether against KWE "in personam" or the vessel "in rem" or otherwise. It is agreed by and between the Passener(s) and KWE that any and all disputes and matters whatsoever including but not limited to claims arising under, in connection with, or incident to this contract, shall be litigated, if at all, in a court located in Ft. Myers, Florida or the United States District Court for the Middle District of Florida under the Court's Admiralty Jurisdiction 28 U.S.C. 1333, to the exclusion of any other county, city, state or country. Passenger(s) hereby waive any right to arrest pursuant to an in rem action or to otherwise detain any of KWE's vessels in any jurisdiction.
- KWE shall not be liable for any personal injury, illness or death of Passenger(s) unless written notice of the claim with full particulars is delivered to KWE or its duly authorized agent within 185 days after the date of injury, illness or death giving rise to the claim. Suit to recover any such claim shall not be maintainable unless filed within one (1) year after the date of the injury, illness or death, and unless served on the Vessel within 125 days after filing.
- The Vessel shall not be liable for any claims whatsoever other than for personal injury, illness or death, unless written notice of claim with particulars is delivered to KWE or its duly authorized agent within seven (7) days after the Passenger(s) shall be landed from the Vessel or in the case that the cruise is abandoned within seven (7) days thereafter. No suit whatsoever other than for personal injury, illness or death, including but not limited to claims for breach of contract, shall not be maintainable in any event unless filed within six (6) after the Passenger(s) shall be landed from the Vessel or in the case the cruise is abandoned within six (6) months thereafter and unless served upon KWE within 120 days after filing. All notices required hereunder shall be given to KWE in writing at: Key West Express, LLC 1200 Main Street Fort Myers, Florida 33931
- It is agreed by and between KWE and Passenger(s) that KWE shall not be liable to Passenger(s) for damages for emotional distress, mental suffering or psychological injury of any kind under any circumstances, except to the extent such disclaimer is prohibited by 46 U.S.C. 1183C, B without limiting the preceding sentence, in no event will KWE be liable to Passenger(s) for any consequential, incidental, exemplary or punitive damages.
- In addition to the restrictions and exemptions from liability provided in this contract, KWE shall have the full benefit of any and all applicable laws providing for limitation and exoneration from liability and nothing in this contract shall limit or deprive KWE of the benefits of any other applicable statutes or laws of the United States of America or any other country or any international conventions providing for release from or limitation of liability including but without limitation all restrictions, exemptions, and limitations of the "Convention Relating to the Carriage of Passengers and their Luggage by Sea of 1974" as well as the protocol to and the "Convention Relating to the Carriage of Passengers and their Luggage by Sea of 1976" and any similar updated conventions which limits the liability of KWE for the death of or personal injury to Passenger(s) to no more than the applicable amount of Special Drawing Rights as defined therein, and all other limits on damages or loss to personal property.
- Except as otherwise provided herein KWE shall not be liable for delay or inability to perform this contract or any part thereof caused by or rising out of strike, lockout or labor difficulties or shortages whether or not KWE is a party thereto or explosion, fire, collision, standing or foundering of the vessel or breakdown or failure of or damage to the vessel or its hull or machinery or fitting howsoever and whatsoever any of the same may be caused, inability to secure or failure to obtain supplies including fuel, acts of God or other circumstances beyond KWE's control. Passenger(s) agrees that its sole recourse or remedy for the cancellation of any cruise shall be the refund of the fare paid in accordance with KWE's refund policy.
7. Coverage of Exclusions and Limitations. Passengers(s) acknowledges that the exclusions and limitations, disclaimers and claimes barred relating to the liability of KWE and the vessel set forth in the provisions of this contract are specifically intended and shall apply to and benefit all of KWE's affiliates, subsidiaries, related parties, agents, independent contractors, concessionaires, suppliers, officers, directors and shareholders of KWE, any management company operating the cruise and the vessel owner and that the Passenger(s) shall not sue any of these entities for any claim arising out of the purchase of a ticket, sale, operation of a cruise, operation of the Vessel or any matters related thereto.
8. Entire Agreement. Passenger(s) do hereby acknowledge that this Carriage Contract, Terms and Conditions constitutes their full and final contractual arrangement with KWE for carriage and transportation on the Vessel and that these terms supercede any oral representations made concerning the cruise or the Vessel before or after purchase of the ticket. There are no oral or implied agreements between Passenger(s) and KWE and Passenger(s) agree that this Carriage Contract can be modified only by a writing signed by KWE's authorized officer.