CRUISE PARTICIPANT AGREEMENT
"Pristine Journey into the Blue" Pre-Cruise Seminar: May 5 to 6, 2022, and
Cruise Seminar-at-Sea: May 7 to 14, 2022
1. DEFINITIONS OF TERMS: 1.1. "Cruise" is a
7-day holistic cruise and seminar-at-sea offered by Divine Travels
and Mas Sajady, named "Pristine Journey into the Blue," which will
occur on the Paul Gauguin cruise ship, May 7 to 14, 2022.
1.2. "Pre-Cruise Seminar" is a 2-day seminar offered by Divine
Travels and Mas Sajady, which will occur on
May 5 and 6, 2022.
1.3. "Cruise Organizers" are Divine Travels, Mas Sajady, and their
representatives: Legendary World and Paul Gauguin Cruise
Line.
1.4. "Shore Excursions" are organized group tours at port stops on
the Cruise.
1.5. "Cruise Registration Form" is the agreement form posted at
https://www.spiritualityproducts.com/secure/Tahiti2022Register.html.
1.6. "Shore Excursions Registration Form" is the agreement form
posted at
https://www.spiritualityproducts.com/secure/Tahiti2022ExcursionsRegister.html.
1.7. "Cruise Participant" is a person who has registered for the
Cruise on the Cruise Registration Form.
1.8. "Cruise Participant Agreement" is this legal document, which
is a requirement for each Cruise Participant to agree to, and which
is posted at
www.divinetravels.com/Tahiti2022Agreement.html.
1.9. "Cruise Itinerary" is the scheduled travel itinerary from
Papeete, Tahiti to Huahine, Taha'a, Bora Bora, Moorea, and
Tahiti, posted at
www.cruisewithmas.com.
1.10. "Cruise Schedule" is the schedule of Cruise and Pre-Cruise
activities posted at
www.divinetravels.com/Tahiti2022Schedule.html.
1.11. "Cruise Fee" is the payment made by Cruise Participant for
participation in the "Pristine Journey into the Blue" cruise and
seminar-at-sea.
1.12. "Cruise Presenters" are Mas Sajady and any other presenters
who will conduct workshops and private sessions on the
Cruise.
1.13. "Cruise Sailing" is the Paul Gauguin ship's scheduled cruise
that will occur from May 7 to 14, 2022.
1.14. "The Press" are bloggers, authors, journalists,
photographers, and/or videographers who might be present on the
Cruise.
2. CONDITIONS OF BOOKING:
Payment by a Cruise Participant for participation in the Cruise
constitutes full agreement with the terms and conditions mentioned
below.
3. WAIVER OF LIABILITY: The Cruise Organizers are
making all arrangements pertaining to the Cruise, including
reservations and Cruise operation, subject to the condition that
the Cruise Organizers will not be held liable for delay, theft,
damage, injury, terrorism, or irregularities, however caused. The
Cruise Organizers will take no responsibility or liability for: 1)
any changes or delays in air schedules, missed airline or other
carrier connections, or other services; 2) injury, loss, or damage
to persons or property, including luggage; 3) additional expenses
resulting from changes in exchange rates, tariffs, or itinerary; 4)
defect in any vehicle or the act or default of any company or
person engaged in conveying the Cruise Participants, or in carrying
out the arrangements of the Cruise, or otherwise; 5) additional
expenses incurred or due to sudden sickness, weather conditions,
strikes, war, terrorism, quarantine or other causes or acts of God;
6) losses due to cancellations; 7) changes in the Cruise Itinerary
or Cruise Schedule; 8) physical, mental, emotional, or spiritual
injury as the result of participating in the Cruise; 9)
disappointment or dissatisfaction about the Cruise by Cruise
Participants.
4. CHANGES IN ITINERARY: Changes to the Cruise
Itinerary and to the Cruise Schedule are to be anticipated. The
Cruise Organizers reserve the right to make any changes that may
become necessary in the best interest of safety and operation of
the Cruise, with or without advance notice. Changes will not result
in a refund of any portion of the Cruise Fee.
5. NO GUARANTEES: There is no guarantee, stated
or implied, made by the Cruise Organizers, regarding any aspect of
the Cruise. Complaints about the Cruise will not result in any
partial or full refund. There is no guarantee, stated or implied,
regarding: 1) the number of Cruise Participants or the age of
Cruise Participants taking the Cruise; 2) the amount of time that
any Cruise Presenter will personally lead workshops, seminars, or
accompany Shore Excursions on the Cruise; 3) photos posted on the
Cruise website or any specific sites shown or mentioned on the
website; 4) the quality of meditations, spiritual experiences, or
other subjective experiences on the Cruise; 5) which specific
Cruise Presenters will actually attend the Cruise and what
workshops they will teach; 6) the advice and suggestions given by
Cruise Presenters on the Cruise; 7) any other aspect of the
Cruise.
6. RATES: The rates, taxes, service charges, and
required nonrefundable fees for the Cruise are posted on the Cruise
Registration Form. Quoted rates are only valid for period
specified, and are subject to change anytime. When the Cruise
Participant's credit or debit card is charged for the reservation
fee and the Cruise Participant is booked on the Cruise Sailing,
that is when the Cruise Fee is fixed. That Cruise Fee will not
change, unless a fuel supplement is charged by Paul Gauguin Cruise
Line. However, the Cruise Organizers reserve the right to offer and
publish different rates for other potential Cruise Participants
(higher or lower) prior to the Cruise. No refunds will be granted
for changes in rates.
7. RATES AFTER GROUP BLOCK EXPIRES: When the
Cruise Organizers no longer have a group block of staterooms,
further staterooms will be reserved for Cruise Participants based
on current cruise inventory and rates at the time of registration.
Stateroom availability and pricing is subject to change. After
Cruise Participant submits the Cruise Registration Form, if the
rates are higher than those listed on the Cruise Registration Form,
Cruise Participant will be contacted and advised before any
payments are charged. If the requested category request is
available with pricing agreed upon by Cruise Participant, the
registration will be processed.
8. ROOMMATE MATCHING PROGRAM: If any Cruise
Participant wants to pay for the Cruise at the double-occupancy
rate, yet does not have a specific roommate, the Cruise Participant
may request for the Cruise Organizers to attempt to match that
Cruise Participant with a roommate. However, the Cruise Organizers
cannot guarantee a roommate will be found. The Cruise Participant's
credit card will not be charged until a roommate has been found. If
no roommate is found, then the Cruise Participant will be given the
option to register for a single room. Anyone who registers for the
Cruise under the Roommate Matching Program must pay the full retail
rate quoted on the Cruise Registration Form at the time the
roommate match is found, and that entire fee is nonrefundable. If
the Cruise Organizers match the Cruise Participant with a roommate
whom the Cruise Participant deems unsuitable and therefore wants to
switch rooms, then (if a room is available) the Cruise Participant
must pay for the single-stateroom supplement for him/herself and
also for the unsuitable roommate. There will be no refunds for
complaints about roommate matching.
9. CRUISE FEE PER PERSON INCLUDES: 1) Cruise
Sailing on Paul Gauguin Cruise Line in the stateroom category
booked by Cruise Participant. 2) Full lodging and all meals on the
ship. 3) All beverages, including select wines and spirits, beers,
soft drinks, bottled water, and hot beverages throughout the ship.
4) In-room refrigerator replenished daily with soft drinks, beer,
and bottled water. 5) Kayaking, windsurfing, and paddleboarding
from ship Watersports Marina. 6) White-sand beach in Bora Bora with
bar service, volleyball, and snorkeling. 7) Private islet Motu
Mahana, off coast of Taha'a, with snorkeling, watersports, a
barbecue, full bar service, and Polynesian hospitality. 8) All free
amenities offered on the ship, including pool, games, sports,
fitness center, free classes, educational seminars, and
entertainment. 9) Onboard gratuities for room stewards, dining, and
bar staff. 10) All meetings and workshops as specified in Cruise
Schedule and Pre-Cruise Seminar, with the exception of paid Shore
Excursions and Private or Semi-Private Sessions with Cruise
Presenter.
10. CRUISE FEE PER PERSON DOES NOT INCLUDE: 1)
Transportation from home to and from the Cruise Sailing embarkation
and debarkation port. 2) Lodging and meals for Pre-Cruise Seminar. 3) Any meals in
restaurants outside the ship. 4) Gratuities and taxes for personal
services and purchases. 5) Internet access on the ship. 6) Phone
calls made from the ship. 7) Excess baggage charges. 8) Travel,
accident, baggage, health, or life insurance. 9) Any airfares or
increases in airfares. 10) Expenses for guides or transportation
not included in the Cruise Schedule. 11) Private excursions,
recreational activities not mentioned in the Cruise Schedule. 12)
Gratuities for guides and drivers on Shore Excursions. 13) Any
other item unspecified in the Cruise Schedule.
11. ONBOARD ACCOUNT: Cruise Participant will
establish his/her own onboard credit account on the ship and will
pay for any incidentals, such as Shore Excursions, onboard shopping
purchases, spa purchases, casino, and other incidentals.
12. RESERVATION FEES AND BALANCE DUE: In order to
secure a reservation for the Cruise, Cruise Participants must pay a deposit. The amount of that deposit is
posted at
https://www.spiritualityproducts.com/secure/Tahiti2022Register.html. That deposit becomes nonrefundable as of December 31, 2021. Included in that deposit is a
fully nonrefundable reservation fee of $500, plus a fully nonrefundable Paul Gauguin deposit of $100. On or about December 31, 2021, the remaining balance of the Cruise fee will automatically be charged to Cruise Participant's credit card. Cruise Participants who register after December 31, 2021 must pay for the Cruise in full in order to secure a reservation for the Cruise.
13. SHORE EXCURSIONS: All tickets to Shore
Excursions are subject to the terms posted on the Shore Excursions
Registration Form. All Shore Excursion and Special Events tickets
that have been purchased at
https://www.spiritualityproducts.com/secure/Tahiti2022Register.html,
or at
https://www.spiritualityproducts.com/secure/Tahiti2022ExcursionsRegister.html,
or on the ship from Divine Travels are completely nonrefundable,
nontransferable, and nonchangeable.
14. HOTEL IN TAHITI: Hotel rooms requested by
Cruise Participants at
https://www.spiritualityproducts.com/secure/Tahiti2022Register.html
are subject to availability, and rates are subject to change until
deposited. Reservation for a hotel room in Tahiti requires a $100
nonrefundable deposit.
15. CANCELLATION BY CRUISE PARTICIPANT: All requests for cancellation by Cruise Participants must be submitted in writing, via email, to adele@legendaryworld.com. If the Cruise is canceled by Cruise Participant at any time for any reason, a nonrefundable reservation fee of $500 per person plus a Paul Gaugin nonrefundable fee of $100 per person will be forfeited. If the Cruise is canceled by Cruise Participant after December 31, 2021, in addition to these $600 nonrefundable fees, there is an additional cancellation fee of 25% of entire Cruise fee. If the Cruise is canceled by Cruise Participant after January 30, 2022, there is a cancellation fee of $500 plus 50% of entire Cruise fee. If the Cruise is canceled by Cruise Participant after February 27, 2022, there is a cancellation fee of $500 plus 75% of entire Cruise fee. If the Cruise is canceled by Cruise Participant after March 30, 2022, there is a cancellation fee of 100% of entire Cruise fee. There is no refund for no-shows. Regarding airline cancellations for airfare from Cruise Participant's home: Cruise Participants are responsible to get their own refunds for their tickets from the airline carrier from which their ticket is issued. Some airline tickets might have penalties or surcharges for cancellation, or may be completely non-refundable. Cruise Organizers take no responsibility and accept no liability for Cruise Participant's losses due to cancellations. There will be no refund for any Cruise Participant who leaves the Cruise prior to its conclusion, for whatever reason. There will be no refund for any Cruise Participant in the Roommate Matching program (see Paragraph 8 above for Roommate Matching policy).
16. CANCELLATION BY DIVINE TRAVELS: Divine
Travels reserves the right to cancel the Cruise if there is not a
sufficient number of Cruise Participants registered for the Cruise.
In such a case, Cruise Participants who have paid a deposit or made
a full payment will receive a full refund. Divine Travels reserves
the right to cancel any Shore Excursion or Special Event if there
is not a sufficient number of Cruise Participants registered for
the excursion or event. In such a case, Cruise Participants who
have paid for the excursion or event will receive a full refund. If
Cruise Organizers cancel the Cruise at a date later than
cancellation by Cruise Participant, no refunds, reimbursements, or
payments will be granted to Cruise Participant.
17. CANCELLATION FOR REASONS BEYOND CONTROL OF DIVINE
TRAVELS: In case of full or partial cancellation of the
Cruise Sailing by Paul Gauguin Cruise Line, or in cases of
unforeseen causes for Divine Travels to cancel the Cruise, or in
cases of unforeseen causes for any Cruise Participant to cancel
his/her participation in the Cruise, including, but not limited to:
change of itinerary, sesquestering, weather conditions, strikes,
economic downfall, stock market crash, war, terrorism, quarantine,
pandemic, acts of God, unsafe conditions to board a ship, unsafe
conditions to sail, or other unforeseen causes, Divine Travels
assumes no liability whatsoever. In such cases, Divine Travels will
give no refunds or future cruise credits to Cruise Participants,
unless such refunds or credits are granted by Paul Gauguin Cruise
Line.
18. RESERVATION RESTRICTIONS: Any prospective
Cruise Participant with a disability, pre-existing medical
condition, or medical history requiring special attention or
treatment, should advise the Cruise Organizers at time of booking
the reservation and are advised to consult with a medical
specialist prior to reserving space in the Cruise. If a wheelchair
accessible stateroom is required, Cruise Participant should advise
the Cruise Organizers at time of booking. People who are unable to
travel alone or who require special assistance or handling must be
accompanied by a companion who will provide the required
assistance. The Cruise Organizers assume no responsibility for
cases such as these.
19. INSURANCE: All Cruise Participants are
strongly advised to get travel, medical, accident, cancellation,
baggage, and emergency medical evacuation insurance. The Cruise
Organizers carry no insurance whatsoever for Cruise Participants.
Medical insurance is vital when boarding a cruise ship and
traveling to foreign ports. Cruise Participants residing in the USA
are advised to phone 760-230-5624 to purchase insurance in order to
offset the expense of possible future trip cancellations, baggage
mishaps, medical needs, emergency medical evacuation via air
ambulance (helicopter), and foreign hospital bills. Cruise
Participants outside of the USA are advised to purchase insurance
through a local carrier. When purchasing insurance, Cruise
Participants are advised to mention that they are taking a cruise,
and are advised to read their insurance policy carefully to make
sure they understand what is covered. Cruise Participants are
advised to carefully read the Cancellations policy above. No matter
what reason, that Cancellations policy is in effect. No exceptions
will be granted.
20. SPECIAL REQUIREMENTS: 1) All Cruise
Participants should be healthy in mind and body. 2) If undergoing
medical treatment or taking medication, Cruise Participants must
have enough prescribed medication to last them for the duration of
the Cruise. 3) Cruise Participants are advised to consult a
qualified medical doctor before going on the Cruise. Cruise
Organizers are not responsible for Cruise Participants' health
problems during or after the Cruise. 4) Cruise Organizers are not
responsible for lost, stolen, or damaged property during the
Cruise.
21. PUBLICATION RELEASE: Representatives of the
Cruise Organizers may be photographing, audio-recording and/or
video-recording the Cruise. The Cruise Organizers reserve the right
to publish any such photographs, audio recordings, and video
recordings without obtaining further consent from any Cruise
Participant. Each Cruise Participant releases the Cruise Organizers
and its representatives from all liability in connection with any
use of such photographs, audio recordings, and video
recordings.
22. PRESS RELEASE: Members of The Press might be
present on the Cruise. It is the right and responsibility of Cruise
Participant to accept or refuse being photographed or filmed by The
Press. Cruise Organizers are not responsible or liable for any
damages resulting from actions taken by The Press. Cruise
Participant realizes that he/she has no control over what The Press
reports, writes, or publishes. Cruise Participant releases the
Cruise Organizers and its representatives from any and all
liability in connection with the use of interviews, photographs,
audio recordings, and video recordings taken by The Press, and in
connection with reporting by The Press.
23. RIGHT TO REFUSE SERVICE: Based on Cruise
Participant's actions or behavior, Cruise Organizers reserve the
right to accept, decline, or retain him/her as an attendee of the
Cruise at any time, without liability and without obligation to pay
any refund or any other amount whatsoever. Cruise Organizers take
no responsibility and assume no liability for any activity
undertaken by Cruise Participant. Cruise Organizers take no
responsibility and assume no liability for any Cruise Participant
who leaves the Cruise prior to its conclusion.
24. MEDICAL DISCLAIMER: This Cruise is not
intended or implied to be a substitute for professional medical
treatment. Cruise Participants should never delay seeking medical
advice, disregard medical advice, or discontinue medical treatment
as a result of information they receive during this Cruise, or from
any Cruise Presenter. All content on this Cruise, including
workshops, DVDs of workshops, published materials, products,
services, and information contained in, available through, or as
the result of this Cruise are for general information purposes
only, which is not diagnosis or advice, and should not be regarded
as such. No information on the Cruise is intended to diagnose,
treat, cure, or prevent any disease. The Cruise Organizers and
Cruise Presenters, and their workshops, services, private sessions,
and products, do not offer medical or psychological advice, course,
treatment, diagnosis, or any other opinions regarding conditions or
treatment options. Cruise Participants are advised to NOT rely on
any recommendations or services during this Cruise as an
alternative to advice or services from their medical
doctor. Cruise Participants are advised to consult only
licensed medical practitioners for physical or mental health
concerns. If Cruise Participants think they may be suffering from
any medical condition, they should seek immediate medical
attention. There is a medical facility on the ship.
25. INFORMATION DISCLAIMER: The information
presented on the Cruise is provided "as is." The Cruise Organizers
make no representations or warranties, express or implied, in
relation to this information. Cruise Organizers do not warrant that
the information presented on this Cruise is complete, true,
accurate, beneficial, up-to-date, safe, or non-misleading. Cruise
Organizers are not responsible for damages incurred by Cruise
Participants as a result of following information, recommendations,
or suggestions made by Cruise Presenters. Cruise Presenters are
teaching, representing, and expressing their own point of view and
opinions, which are not shared or endorsed by the Cruise
Organizers. Cruise Organizers are not responsible or liable for any
opinions expressed on the Cruise, nor do they agree with what is
taught, presented, or advocated. Testimonials and results shared on
the Cruise website are not typical. Cruise Participants may or may
not experience anything positive from the Cruise or from
information, products, and services provided by Cruise
Presenters.
26. WAIVER: The Cruise Participant shall
indemnify and hold Cruise Organizers free and harmless from any and
all claims, losses, damages, injuries, and liabilities arising from
or on account of the Cruise Organizers' activities or omissions in
connection with this Agreement, as well as the costs, including
attorneys' fees, of defending against them. By signing this Cruise
Participant Agreement on the Cruise Registration Form, the Cruise
Participant releases the Cruise Organizers and its representatives
from all responsibility and liability.
27. AGREEMENT: This Agreement may be modified
only by the written consent of both parties hereto. This Agreement
represents the entire Agreement between the Cruise Participant and
the Cruise Organizers with respect to the subject matter hereof.
There is no other contract or agreement between the Cruise
Participant and the Cruise Organizers, stated or implied. There
shall be no waiver of the rights of the Cruise Organizers by the
failure to enforce that or any other right hereunder. If any part
of this Agreement is held to be illegal, void, or unenforceable for
any reason, such holding shall not affect the validity and
enforceability of the rest of the Agreement.
28. AUTHORIZATION: By online-signing of the
Cruise Registration Form and/or the Shore Excursions Registration
Form, the Cruise Participant agrees as follows: "I authorize
charges to be processed against my credit or debit card account in
the amount that I have indicated when I registered at the online
Cruise Registration Form and/or the Shore Excursions Registration
Form. I fully agree to the terms and conditions of this Cruise
Participant Agreement. I understand that charges to my credit or
debit card account might be made by Paul Gauguin Cruise Line,
Divine Revelation, or both, and I now authorize these charges to be
made according to the payment schedule and rates indicated on the
Cruise Registration Form and/or on the Shore Excursions
Registration Form."
29. PERSONAL RESPONSIBILITY: By online-signing of
the Cruise Registration Form, the Cruise Participant agrees as
follows: "I am entirely responsible for my own personal safety,
health, and mental, physical, emotional, and general well-being
during and after the Cruise. I release the Cruise Presenters and
Cruise Organizers and their representatives, and any of their
employees, assistants, associates, affiliates, and contractors,
from all liability for any injuries or damages mentally or
physically I or any of my family members might incur during or
after the Cruise. I understand the Cruise is in no way
psychotherapeutic or medical in nature. The Cruise is not involved
with the treatment of disease of any kind and does in no way
substitute for medical diagnosis or treatment. Cruise Presenters do
not treat, prescribe, diagnose, or cure any illness, disease, or
any other physical or mental disorder. I understand that the Cruise
Organizers assume no responsibility or liability for private
sessions, services, lectures, or workshops offered during the
Cruise or for recommendations or suggestions given to me during
this Cruise. Any recommendations, suggestions, services, readings,
or answers to my questions that I receive on this Cruise are for
information purposes only and are taken and used by me at my own
risk. I release Cruise Organizers and their employees, assistants,
associates, and affiliates from all obligation to fulfill any
claims about this Cruise that have been printed or spoken in any
notice, lecture, email, letter, literature, website, media, social
media, or the Internet. I am entirely responsible for my personal
safety, health, and well-being during the Cruise. I hold the Cruise
Organizers and Cruise Presenters harmless for anything that might
happen to me or to my possessions on this Cruise or as a result of
this Cruise. I understand that no health insurance or travel
insurance is provided by the Cruise organizers, and, if I wish to
be insured, I have to do this myself. I have read and fully
understand this Cruise Participant Agreement."
30. RELEASE. By online-signing of the Cruise
Registration Form, the Cruise Participant releases the Cruise
Organizers and its representatives from all responsibility and
liability.
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