Tahiti 2022 Cruise Agreement

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.