TICKET CONTRACT – IMPORTANT NOTICE TO PASSENGERS

THIS DOCUMENT, INCLUDING ALL ITS TERMS, IS A LEGALLY BINDING CONTRACT ISSUED BY CHONGQING DAMEI THREE GORGES CRUISES CO., LTD., HEREAFTER TOGETHER OR INDIVIDUALLY REFERRED TO AS “DAMEI CRUISES”.

YOUR GUEST TICKET CONTRACT CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF PASSENGERS. IT IS IMPORTANT THAT YOU CAREFULLY READ ALL TERMS OF THIS CONTRACT. YOU ARE ESPECIALLY DIRECTED TO CAREFULLY READ AND UNDERSTAND SECTIONS 3, AND 10 THROUGH 12, AS THEY CONTAIN SIGNIFICANT LIMITATIONS ON YOUR RIGHTS TO ASSERT CLAIMS FOR PERSONAL INJURIES, ILLNESS OR DEATH, AND BAGGAGE AND PERSONAL PROPERTY LOSS OR DAMAGE, AGAINST CARRIER, THE VESSEL, RELATED ENTITIES AND THEIR OFFICERS, AGENTS AND EMPLOYEES, INCLUDING TIME LIMITS AND FORUM FOR CLAIMS AND SUITS, APPLICABLE LAW, ARBITRATION, CLASS ACTIONS AND IN REM PROCEEDINGS.

1. INTRODUCTION

This Guest Ticket Contract (the “Ticket Contract” or the “Agreement”) describes the terms and conditions that will apply to the relationship between the Passenger (as defined in Section 2.f below) and the Carrier (as defined in Section 2.b below) of the Vessel with respect to the Cruise or CruiseTour covered by this Agreement.

Purchase or use of this Ticket Contract, whether or not signed by the Passenger, shall constitute the agreement by Passenger, on behalf of himself and all other persons traveling under this Ticket Contract (including any accompanying minors or other persons for whom the Ticket Contract was purchased), to be bound by the terms and conditions of this Ticket Contract. This Ticket Contract cannot be modified except in a writing signed by an officer or managing director of Damei Cruises.

2. DEFINITIONS

a. “Agreement” or “Contract” means the terms and conditions set forth in this Ticket Contract together with the Cruise or CruiseTour Fare due for Your Cruise or CruiseTour. Together, the items described in the preceding sentence shall constitute an agreement between Passenger and Carrier for the Cruise or CruiseTour.
b. “Carrier” shall include: (i) the Vessel, or any substituted ship; its launches or crafts; and (ii) the vessel’s operator, owner, manager and charterer.
c. “Cruise” means the specific cruise covered by this Ticket Contract, as the same may be modified and shall include those periods during which the Guest is embarking or disembarking the Vessel and those periods when the Guest is on land while the Vessel is in port.
d. “Cruise Fare” or “CruiseTour Fare” includes the amount due for the Cruise or CruiseTour, whether such amounts are owing and/or have been paid by the Passenger, but does not include amounts due for other products or services such as air transportation, photographs, gratuities, telephone calls, or medical services which can be purchased separately.
Carrier reserves the right to impose a supplemental charge relating to unanticipated occurrences including, but not limited to, increases in the price of fuel. Any such supplement charges may apply, at Carrier’s sole discretion, to both existing and new bookings (regardless of whether such bookings have been paid in full). Such supplements are not included in the Cruise or CruiseTour Fare.
e. “CruiseTour” shall mean the combined vacation package published and offered by Carrier, which includes the applicable cruise and associated Land Tour.
f. “Passenger” or “Guest” or “You” means all persons traveling under this Ticket Contract and persons in their care, together with their respective heirs and representatives. “Passenger” shall include the plural and the use of the masculine shall include the feminine.
g. “Land Tour” shall mean the land tour component of a CruiseTour to be provided either prior to the initial embarkation on the cruise or after the final debarkation from the cruise.
h. “Transport” means the railcars, buses and other modes of transportation or accommodation provided by Land Tour Operators in connection with a Land Tour.
i. “Vessel” means the ship owned or chartered or operated by Operator on which Passenger may be traveling or against which Passenger may assert a claim, as well as any substituted ship used in the performance of this Ticket Contract.

3. BAGGAGE, PROPERTY AND LIMITATIONS OF LIABILITY

a. Baggage Limits and Prohibited Items. Each adult Passenger is permitted to carry onboard the Vessel only the wearing apparel and personal effects reasonably necessary for the cruise, including suitcases, trunks, valises, satchels, bags, hangers containing clothing, toiletries and similar items. In no event shall any Passenger bring on board the Vessel, or in connection with the Land Tour, any illegal controlled substances, fireworks, live animals, weapons, firearms, explosives or other hazardous materials, or any other items prohibited by applicable law or Carrier policy. Passengers who violate the laws of any jurisdiction may be subject to being reported to law enforcement or customs authorities, arrest and prosecution. Passengers who bring on board dangerous items or any illegal drugs or controlled substances are also subject to immediate disembarkation or denial of boarding. Passengers shall have no claim for refund, loss, damage, inconvenience, or compensation whatsoever under any of these circumstances. Passenger shall be responsible to notify Carrier in advance of the Cruise if there is any question as to the permissibility of taking any item or substance onboard the Vessel. Carrier reserves the right to refuse to permit any Passenger to take on board the Vessel or on any mode of Transport any item Carrier deems inappropriate.

b. Liability for Loss of or Damage to Baggage. Unless negligent, Carrier is neither responsible nor liable for any loss of or damage to Passenger’s property, whether contained in luggage or otherwise. Liability for loss of or damage to Passenger’s property in connection with any air or ground transportation shall be the sole responsibility of the provider of the service and in accordance with applicable limitations.

c. Limited Carriage. Carrier does not undertake to carry as baggage any tools of trade, household goods (including but not limited to appliances and furniture), fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables. Each Passenger warrants that no such item will be presented to Carrier within any receptacle or container as baggage, and hereby releases Carrier from any liability whatsoever for loss of or damage to such items when presented to Carrier in breach of this warranty. In no event shall Carrier and Land Tour Operators accept valuables for deposit, nor be liable for normal wear or tear of luggage or property, or loss of or damage to jewelry, cash, negotiable paper, photographic/electronic, medical or recreational equipment, dental hardware, eyewear, medications.

4. PUBLIC HEALTH, KNOWING ACCEPTANCE OF THE RISKS

Before booking or sailing on a cruise, all guests should consider their individual risk level for severe illness resulting from pathogen exposure and make an informed travel decision on that basis. We recommend guests with a higher risk of severe illness consult with their doctor prior to booking or sailing with us. PASSENGER ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT WHILE ABOARD THE VESSEL, IN TERMINALS AND BOARDING AREAS, OR DURING ACTIVITIES ASHORE AND/ OR WHILE TRAVELING TO OR FROM THE VESSEL, THE PASSENGER OR OTHER PASSENGERS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19, INFLUENZA, COLDS AND NOROVIRUS. PASSENGER FURTHER UNDERSTANDS AND ACCEPTS THAT THE RISK OF EXPOSURES TO THESE COMMUNICABLE ILLNESSES AND OTHERS IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, IS BEYOND CARRIER’S CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. PASSENGER KNOWINGLY AND VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS TICKET CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.

5. MEDICAL CARE AND OTHER PERSONAL SERVICES

a. Availability of Medical Care. Due to the nature of travel by ship and the ports visited, the availability of medical care onboard the Vessel and in ports of call may be limited or delayed and medical evacuation may not be possible from the Vessel while on the Yangtze River or from every location to which the Vessel sails. Passengers should take into account all travel risks and familiarize themselves with health requirements applicable to the areas they intend to visit. The Passenger is solely responsible for checking the safety and security conditions, vaccination, and other health requirements of governments in countries visited or transited.

b. Relationship with Service Providers. To the extent Passengers retain the services of medical personnel or independent contractors on or off the Vessel, Passengers do so at their sole risk. Any medical personnel attending to a Passenger on or off the Vessel, if arranged by Carrier, are provided solely for the convenience of the Passenger, work directly for the Passenger, and shall not be deemed to be acting under the control or supervision of the Carrier, as Carrier is not a medical provider.

c. Payment for Medical or Personal Care Services. Passenger shall pay for all medical care or other personal services requested or required, whether onboard or ashore, including the cost of any emergency medical care or transportation incurred by Carrier. If Passenger is unable to pay and the Carrier pays for such expenses, then Passenger shall reimburse Carrier for those expenses.

6. SHORE EXCURSIONS, TOURS, FACILITIES OR OTHER TRANSPORTATION

a. Assumption of Risks. All arrangements made for or by Passenger for transportation (other than on the Vessel) before, during or after the Cruise or CruiseTour of any kind whatsoever, as well as air arrangements, shore excursions, tours, hotels, restaurants, attractions and other similar activities or services, including all related conveyances, products or facilities, are made solely for Passenger’s convenience and are at Passenger’s risk.

b. Independent Contractor. The providers, owners and operators of such services, conveyances, products and facilities are independent contractors and are not acting as representatives of Carrier. In no event shall Carrier be liable for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to Passenger which occurs on or off the Vessel or the Transport as a result of any acts, omissions or negligence of any independent contractors. For the avoidance of doubt, any other services Passenger may purchase from a Travel Representative should be subject to terms and conditions agreed between Travel Representative and Passenger, and Carrier assumes no liability for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to Passenger which occurs during performance of such other services.

7. CANCELLATION, DEVIATION OR SUBSTITUTION BY CARRIER

a. Carrier cannot guarantee that the Vessel will call at every port of call or follow every part of the itinerary. Itineraries may change from time to time, both before and after departure. Whilst Carrier always endeavors to avoid changes and cancellations, under certain circumstances, Carrier may find it necessary to cancel, advance, postpone or deviate from any scheduled sailing, port of call, destination, lodging or any activity on or off the Vessel, or substitute another vessel or port of call, destination, lodging or activity. Where possible, Carrier shall make reasonable endeavors to give notice to Passenger or its Travel Representative of any change or cancellation as soon as reasonably possible. Except where a refund is required by law as a result of a declaration of a public health emergency or government order cancelling the Cruise or delaying boarding of the Vessel by Passengers by 24 hours or more, Carrier shall not be liable for any claim whatsoever by Passenger, including but not limited to loss, compensation or refund, by reason of such cancellation, advancement, postponement, substitution or deviation.

b. By way of example, and not limitation, Carrier may, without any liability, deviate from any scheduled sailing and may otherwise land Passenger and her property at any port if Carrier believes that the voyage or any Passenger or property may be hindered or adversely affected as a result of hostilities, blockages, prevailing weather conditions, labor conflicts, strikes onboard or ashore, breakdown of Vessel, congestion, docking difficulties, medical or life-saving emergencies, declared pandemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies or any other cause whatsoever, unless it is otherwise provided in this Ticket Contract or required by law.

c. Carrier shall have the right to comply with any orders, recommendations, or directions whatsoever given by any governmental entity or by persons purporting to act with such authority and such compliance shall not be deemed a breach of this Agreement entitling the Passenger to assert any claim for liability, compensation or refund.

d. Cancellation, deviation or substitution may also be caused by a Force Majeure Event. “Force Majeure Event” refers to incidents that cannot be predicted, avoided and overcome, including but not limited to Acts of God, breakdown of the Vessel, hostilities, blockades, labor conflicts, strikes aboard or ashore, restraint of rulers or princes, war, fire, collision, directions of underwriters, arrest, order or restraint by governmental authorities or others, acts of terrorism, civil commotions, weather & river conditions (including flood, drought) and considerations of safety of the Vessel, foundering of the Vessel or breakdowns of or damage to its hull, machinery and fittings (which Carrier could not have anticipated or avoided despite our normal comprehensive mechanical checks), inability to secure or failure of supplies including fuel, requisition of the Vessel, port congestion or blocking, travel advisories (warnings) issued by governments of the destinations/the World Health Organization, medical or lifesaving emergencies, declared pandemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies, and any other situations of which the industry has no control and which are unfavorable to outbound trips of travelers, or other circumstances beyond the Carrier’s control (including but not limited to a change in Carrier’s fleet deployment caused by any of the aforementioned events). The followings shall apply in circumstances of cancellation, deviation or substitution by Carrier caused by a Force Majeure Event:

d.1 Pre departure, if Carrier is forced to cancel a cruise completely due to a Force Majeure Event (a change to the itinerary or substitution of ports of call shall not be deemed cancellation of a cruise), the sole liability of Carrier, shall be for refund to Passenger or Travel Representative (when booked through a Travel Representative) the payment received for your booking within thirty (30) days. Passenger booking through a Travel Representative should contact your Travel Representative for refund.
d.2 Pre departure, if itinerary change is required due to a Force Majeure Event and is deemed to have an adverse impact on the overall holiday experience, Passenger will have the following options: (i) accept the changed arrangements, in which case Carrier will, within thirty (30) days, refund to Passenger or its Travel Representative an amount, if any, calculated according to Section 7.d.3 below; or (ii) cancel the cruise, in which case Carrier will, within thirty (30) days, refund to Passenger or its Travel Representative 50% of the Cruise Fare received for your booking.
d.3 If Passenger chooses the first option mentioned in Section 7.d.2 above and accepts the changed arrangements, the refund, if any, will be made by Carrier to Passenger or its Travel Representative as follows: (i) if Carrier finds it impossible to complete the itinerary and has to shorten a cruise due to a Force Majeure Event, Carrier shall make a prorated refund to Passenger or its Travel Representative of the sum received for such booking for the number of days eliminated from the cruise itinerary. For purposes of this Section, each Cruise day shall be deemed to commence at 12:01 A.M. (local time). Any cruise that is canceled after 12:01 P.M. (local time) shall be deemed to be a full day of completed cruise. The time involved in returning to port of embarkation shall be deemed to be included in the cruise time, provided all services and accommodations are available onboard to Passengers at that time. (ii) if departure is delayed, call at a port is shortened, or returning to destination port is delayed, but the number of days remains the same, Carrier shall not be liable for any refund or compensation, but all services and accommodations will be made available onboard to Passengers. (iii) if port(s) of call is cancelled or substituted and Carrier receives a refund of port taxes and fees and/or shore excursion fee (for shore excursion purchased from Carrier only) due to such cancellation or substitution, Carrier shall refund such amount to Passenger or its Travel Representative.
d.4 After commencement of the cruise, if any deviation or substitution is required due to a Force Majeure Event, the sole liability for Carrier is (i) to refund Passenger or its Travel Representative any shore excursion fee (for shore excursion purchased from Carrier only) which are refunded to Carrier due to such changes, and/or (ii) when cruise is shortened, to refund to Passenger or its Travel Representative, a prorated refund of the sum received for Passenger’s booking for the number of days eliminated from the cruise itinerary. Refund shall be made within thirty (30) days after the end of the cruise.

e. In the event that a Cruise (or the cruise component of a CruiseTour) is cancelled or terminated early due to mechanical failures: (i) Passenger shall have a right to a full refund of the Cruise Fare if the Cruise is cancelled in full, or a partial refund if the cruise is terminated early; (ii) if Passenger has travelled to the Vessel, Passenger shall have a right to transportation (by means selected by the Carrier) to the Vessel’s scheduled port of disembarkation; and (iii) Passenger shall have a right to lodging (selected by Carrier) if disembarkation and an overnight stay in an unscheduled port are required due to the Cruise or cruise component of a CruiseTour being cancelled or terminated early because of such mechanical failures.

f. Passenger, on behalf of himself and all other persons traveling under this Ticket Contract (including any accompanying minors or other persons for whom the Ticket Contract was purchased), agrees that should Passenger have any concern, issue or dispute in connection with the itinerary change, such matter should be dealt with in a legal and appropriate way. Under no condition should Passenger engage in demonstrations, protests or other behavior onboard which, in the Carrier’s opinion, is detrimental to the onboard atmosphere, the enjoyment of the cruise by other guests. Passenger should not compel Carrier to assume any liability by way of refusal to embark or disembark the Vessel, behave in any other extreme ways to protest (e.g. sit-ins, gatherings in public areas of the ship, inciting others to protest), interrupt the normal operation or sailing of the Vessel, or otherwise act in violation of the Guest Conduct Policy and laws or regulations of countries that are involved in the cruise. Passengers shall at all times comply with notices from the ship’s Captain and shall in addition comply with the Carrier’s Guest Conduct Policy. Failure to comply with this Section may subject Passenger to actions Carrier may take pursuant to Guest Conduct Policy, and Carrier may also hold Passenger liable for any losses it may suffer therefrom.

8. CANCELLATION OR EARLY DISEMBARKATION BY PASSENGER

a. If a Passenger books the cruise from a Travel Representative, then your Cruise or CruiseTour Fares, including but not limited to any fuel or other supplemental charges are established by your travel representative that took your booking and not the Carrier. Similarly, the payment schedule for your Cruise or CruiseTour Fares is established by your travel representative that took your booking and not the Carrier. In addition, all cancellation and refund policies for your Cruise or CruiseTour fares are established by your travel representative that took your booking and not the Carrier. If a Passenger books the cruise from a Travel Representative, any payments of the Cruise or CruiseTour Fares shall be made to the Travel Representative and not the Carrier. If Carrier received payment from your Travel Representative, the refund will be provided back to that Travel Representative, unless otherwise agreed by Carrier and Travel Representative.
Any refund due to Passenger as a result of cancellation by Passenger both prior to or after the Cruise or CruiseTour has begun shall be established and determined by the travel representative that took your booking who shall have sole liability for any refunds, where applicable. In the event of cancellation by the Passenger pre cruise, or early disembarkation of the Passenger for any reason, including pursuant to any provision of this Ticket Contract, such disembarkation shall be without refund, compensation, or liability on the part of the Carrier whatsoever.

b. If a Passenger books the cruise from the Carrier or its designated local affiliate (“Carrier Booking Office”), then your booking including, without limitation, Cruise or CruiseTour Fares, payment schedule, cancellation and refund policies) shall be bound by the terms and conditions of the Carrier Booking Office, as detailed below:

(1) Cancellation/change of existing reservations must be made in written format via email or booking system. Cancellation/change via phone call is not accepted. The amount of the cancellation fee shall vary depending on how far in advance of the sail date the Carrier Booking Office receives notice of cancellation.

(2) Cancellation by the Passenger after the cruise has begun, early disembarkation of the Passenger for any reason, including pursuant to any provision of this Ticket Contract, or “no-shows” shall be without refund, compensation, or liability on the part of the Carrier Booking Office whatsoever.

(3) Carrier Booking Office reserves the right to offer promotional cruise fares or other offers that may modify the cancellation polices set forth above. Please refer to your booking terms and conditions for any such booking.

9. PASSENGER’S OBLIGATION TO COMPLY WITH AGREEMENT, APPLICABLE LAWS, AND RULES OF CARRIER; INDEMNIFICATION

a. Passenger understands and agrees that Carrier has a zero-tolerance policy for illegal activity and shall report such activity to the appropriate authorities.

b. Each adult Passenger undertakes and agrees to supervise at all times any accompanying minors to ensure compliance with the provisions of this Section 9.

c. Passenger, or if a minor, his parent or guardian, shall be liable for and indemnify Carrier, the Vessel and the Transport from any civil liability, fines, penalties, costs or expenses incurred by or imposed on the Vessel, the Transport or Carrier arising from or related to Passenger’s conduct or failure to comply with any provisions of this Section 9, including but not limited to: (i) any purchases by or credit extended to the Passenger; (ii) requirements relating to immigration, customs or excise (e.g. illegally stays at a port of call and fails to return to the Vessel by the embarkation cut-off time); (iii) any personal injury, death or damage to persons or property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger;

d. Carrier shall not be required to refund any portion of the Cruise or CruiseTour Fare paid by any Passenger who fails for any reason to be onboard the Vessel or Transport by the embarkation cut-off time applicable to the specific Cruise or CruiseTour or the boarding cut-off time applicable at any port of call or destination or point of departure as the case may be, and shall not be responsible for lodging, meals, transportation or other expenses incurred by Passenger as a result thereof.

e. Carrier may refuse to transport any Passenger, and may remove any Passenger from the Vessel or Transport at any time, for any of the following reasons: (i) whenever such action is necessary to comply with any government regulations, directives or instructions; (ii) when a Passenger refuses to permit search of his person or property for explosives, weapons, dangerous materials or other stolen, illegal or prohibited items; (iii) when a Passenger refuses upon request to produce positive identification;

f. If Carrier exercises its rights under this Section 9, Passenger shall have no claim against Carrier whatsoever and Carrier shall have no liability for refund, compensation loss or damages of Passenger, including but not limited to any expenses incurred by Passenger for Accommodation or repatriation.

10. PERSONAL INJURY/ILLNESS/DEATH CLAIMS

a. FOR PERSONAL INJURY, ILLNESS OR DEATH OF A PASSENGER, IT IS AGREED BY AND BETWEEN PASSENGER AND CARRIER THAT ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS AGREEMENT, PASSENGER’S CRUISE, LAND TOUR OR TRANSPORT, SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE A COMPETENT COURT IN CHONGQING, CHINA. PASSENGER HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION THAT HE MAY HAVE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN THE APPLICABLE COURT LOCATED IN CHONGQING.

b. TIME LIMITS FOR PERSONAL INJURY/ILLNESS/DEATH CLAIMS: NO SUIT SHALL BE MAINTAINABLE AGAINST CARRIER, THE VESSEL OR THE TRANSPORT FOR PERSONAL INJURY, ILLNESS OR DEATH OF ANY PASSENGER UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO CARRIER AT ITS PRINCIPAL OFFICE WITHIN SIX (6) MONTHS FROM THE DATE OF THE INJURY, ILLNESS OR DEATH AND SUIT IS COMMENCED (FILED) WITHIN TWO (2) YEARS FROM THE DATE OF SUCH INJURY, ILLNESS OR DEATH AND PROCESS SERVED WITHIN 120 DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY.

c. CLASS ACTION RELIEF WAIVER. PASSENGER HEREBY AGREES THAT PASSENGER MAY BRING CLAIMS AGAINST CARRIER ONLY IN PASSENGER’S INDIVIDUAL CAPACITY. EXCEPT WHERE APPLICABLE LAW PROVIDES OTHERWISE, PASSENGER AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER, VESSEL OR TRANSPORT WHATSOEVER SHALL BE LITIGATED BY PASSENGER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND PASSENGER EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING PASSENGER TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION AS PROVIDED IN SECTION 11 BELOW, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 11.b BELOW.

11. CLAIMS OTHER THAN FOR PERSONAL INJURY/ILLNESS/DEATH

a. ARBITRATION OF ALL OTHER CLAIMS: ANY AND ALL OTHER DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, EXCEPT FOR PERSONAL INJURY, ILLNESS OR DEATH OF A PASSENGER, WHETHER BASED ON CONTRACT, TORT, STATUTORY, CONSTITUTIONAL OR OTHER LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO ALLEGED VIOLATION OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY LAWS, OR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT OR PASSENGER’S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY THE ARBITRATION COMMISSION (IN CHONGQING OR YICHANG, CHINA) IN ACCORDANCE WITH ITS ARBITRATION RULES IN EFFECT AT THE TIME OF APPLYING FOR ARBITRATION, WHICH RULES ARE DEEMED TO BE INCORPORATED BY REFERENCE INTO THIS CLAUSE AND MAY BE AMENDED BY THE REST OF THIS CLAUSE. ANY AWARD OF THE TRIBUNAL SHALL BE MADE IN WRITING AND SHALL BE FINAL AND BINDING ON THE PARTIES FROM THE DAY IT IS MADE.

b. TIME LIMITS FOR NON-INJURY/ILLNESS OR DEATH CLAIMS: NO PROCEEDING DESCRIBED IN SECTION 11(a) MAY BE BROUGHT AGAINST CARRIER, VESSEL OR TRANSPORT UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO CARRIER AT ITS PRINCIPAL OFFICE WITHIN SIX MONTHS AFTER TERMINATION OF THE CRUISE OR CRUISETOUR (WHICHEVER IS LATER) TO WHICH THIS TICKET CONTRACT RELATES. IN NO EVENT SHALL ANY SUCH PROCEEDING DESCRIBED IN SECTION 11(a) BE MAINTAINABLE UNLESS SUCH PROCEEDING SHALL BE COMMENCED (FILED) WITHIN ONE YEAR AFTER THE TERMINATION OF THE CRUISE OR CRUISETOUR (WHICHEVER IS LATER) TO WHICH THIS TICKET CONTRACT RELATES AND VALID NOTICE OR SERVICE OF SUCH PROCESS IS EFFECTED WITHIN SIXTY (60) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY.

12. LIMITATIONS OF LIABILITY

a. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, CARRIER SHALL NOT BE LIABLE FOR INJURY, DEATH, ILLNESS, DAMAGE, DELAY OR OTHER LOSS TO PERSON OR PROPERTY, OR ANY OTHER CLAIM BY ANY PASSENGER CAUSED BY A FORCE MAJEURE EVENT OR ANY OTHER CAUSE BEYOND CARRIER’S REASONABLE CONTROL, OR ANY ACT NOT SHOWN TO BE CAUSED BY CARRIER’S WILLFUL MISCONDUCT OR NEGLIGENCE.

b. PASSENGER AGREES TO SOLELY ASSUME THE RISK OF INJURY, DEATH, ILLNESS OR OTHER LOSS, AND CARRIER IS NOT RESPONSIBLE FOR PASSENGER’S USE OF ANY ATHLETIC OR RECREATIONAL EQUIPMENT; OR FOR THE NEGLIGENCE OR WRONGDOING OF ANY INDEPENDENT CONTRACTORS, INCLUDING BUT NOT LIMITED TO PHOTOGRAPHERS, SPA PERSONNEL OR ENTERTAINERS; OR FOR EVENTS TAKING PLACE OFF THE CARRIER’S VESSELS, LAUNCHES OR TRANSPORTS, OR AS PART OF ANY SHORE EXCURSION, TOUR OR ACTIVITY.

c. CARRIER HEREBY DISCLAIMS ALL LIABILITY TO THE PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES, WHEN SUCH DAMAGES WERE NEITHER THE RESULT OF A PHYSICAL INJURY TO THE PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY THE CARRIER. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL CARRIER BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. d. CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA.

13. FITNESS TO TRAVEL; DENIAL OF BOARDING; MINORS

a. Passenger warrants that he and those traveling with him are fit for travel and that such travel will not endanger themselves or others.

b. Minors. Any Passenger under the age of 18 shall be considered a minor and must travel with a parent or Legal Guardian or such other person as may be permitted by Carrier’s policies.

c. Pregnancy. Any Passenger who will enter the 24th week of pregnancy by the beginning of, or at any time during their cruise or Land Tour agrees not to book the cruise or board the Vessel or Transport under any circumstances.

d. Special Needs. Any Passenger with mobility, communication or other impairments, or other special or medical needs that may require medical care or special accommodation during the cruise or Land Tour, including but not limited to the use of any wheelchair, must notify the Carrier of any such condition at the time of booking. Passengers acknowledge and understand that certain international safety requirements, shipbuilding standards, and/or applicable regulations involving design, construction or operation of the Vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Passengers requiring the use of a wheelchair must provide their own wheelchair (that must be of a size and type that can be accommodated on the Vessel) as wheelchairs carried on board are for emergency use only.

e. Alcoholic policy. The minimum drinking age for all alcoholic beverages on Damei Cruises is eighteen (18).
If a guest that is below the minimum age limit to consume alcohol onboard has a birthday during a cruise itinerary that would then mean they meet the minimum age limit for consuming alcohol onboard, they must notify the Ship Front Desk and provide evidence in the form of their passport as proof of age in order to update their details and permit them to purchase alcohol onboard.

14. USE OF PHOTOS, VIDEOS OR RECORDINGS

Passenger hereby grants to Carrier (and its assignees and licensees) the exclusive right throughout the universe and in perpetuity to include photographic, video, audio and other visual or audio portrayals of Passenger taken during or in connection with the Cruise or Land Tour (including any images, likenesses or voices) in any medium of any nature whatsoever (including the right to edit, combine with other materials or create any type of derivative thereof) for the purpose of trade, advertising, sales, publicity, promotional, training or otherwise, without compensation to the Passenger. Such grant shall include the unrestricted right to copy, revise, distribute, display and sell photographs, images, films, tapes, drawings or recordings in any type of media (including but not limited to the Internet). Passenger hereby agrees that all rights, title and interest therein (including all worldwide copyrights therein) shall be Carrier’s sole property, free from any claims by Passenger or any person deriving any rights or interest from Passenger.

Passenger hereby agrees that any recording (whether audio or video or otherwise) or photograph of or made by Passenger, other Passengers, crew or third parties onboard the Vessel or depicting the Vessel, its design, equipment or otherwise shall not be used for any commercial purpose, in any media broadcast or for any other non-private use without the express written consent of Carrier. The Carrier shall be entitled to take any reasonable measure to enforce this provision.

15. YOUR TRAVEL REPRESENTATIVE

Passenger acknowledges and confirms that any Travel Representative utilized by Passenger in connection with the issuance of this Ticket Contract is, for all purposes, Passenger’s Representative and Carrier shall not be liable for any representation made by said Travel Representative. Passenger understands and agrees that receipt of this Ticket Contract or any other information or notices by Passenger’s Travel Representative shall be deemed receipt by the Passenger as of the date of receipt by the Representative. Passenger acknowledges that Carrier is not responsible for the financial condition or integrity of any Travel Representative.

16. SEVERABILITY

Any provision of this Agreement that is determined in any jurisdiction to be unenforceable for any reason shall be deemed severed from this Agreement in that jurisdiction only and all remaining provisions shall remain in full force and effect.

17. TRANSFERS AND ASSIGNMENTS

This Ticket Contract is non-transferable. Among other things, this means that the Passenger cannot sell or transfer this Ticket Contract to someone else, and Carrier shall not be liable to the Passenger or any other person in possession of a Ticket Contract for honoring or refunding such Ticket Contract when presented by such other person. Carrier may assign, convey or transfer its rights and obligations in this Agreement to any parent, subsidiary or affiliate of the Carrier who is scheduled to operate the Vessel at the time of the Cruise.

18. INSURANCE

Damei Cruises strongly recommends all Passengers purchase travel insurance from your country of origin. Travel Agencies’ Liability Insurance covers all our tours, regulated by the China National Tourism Administration. The Travel Agencies’ Liability Insurance will not cover any expenses related to accidents outside of the control of Damei Cruises.

19. APPLICABLE LAW

This Guest Ticket Contract shall be governed by and construed in accordance with the laws of the People’s Republic of China.

Updated August, 2023