PLEASE READ THESE TERMS AND CONDITIONS (THIS “AGREEMENT”) CAREFULLY BEFORE USING THIS WEB SITE. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE. SEE DISPUTE RESOLUTION; GOVERNING LAW BELOW FOR DETAILS (SECTION 8). By making a reservation with The Cruise Web, Inc. (“CW”), submitting a request for a quotation or information, or contacting CW or one of its representatives, after visiting this Web Site (the “Web Site”) you acknowledge that you have read and agree to the terms and conditions of using this Web Site and transacting business with CW as set forth in this Agreement, as well as the Privacy Policy and any applicable consent disclosures presented on the Web Site, including the cookie preferences center and consent to be contacted. CW reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time without prior notice. Users of this Web Site must check its Terms and Conditions periodically for changes.
1. OWNERSHIP: This Web Site is owned and operated by CW. All information, content, graphics, text, HTML, CGI, scripts in any format, and coding on the Web Site are the property of CW, its licensors, or its third party providers & distributors, and are protected by copyright and/or trademark law, and may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without CW's prior written consent, except that you may download, display, and print the materials presented on this Web Site for your personal, non-commercial use only. You may not use any “robot”, “spider”, or other automatic device or a program, algorithm or methodology having the same or similar processes or functionality, or any manual process to monitor or copy any of the Web Site pages, data, or content without the prior written permission of CW. All content on the Web Site is protected by U.S. copyright and trademark law and applicable international treaties governing intellectual property law. Any and all CW trademarks and trade names used in connection with the Web Site by CW are the exclusive property of CW.
2. USE OF WEB SITE: This Web Site provides information about CW’s travel offerings and enables users to inquire about, and in some cases, book, travel services offered by cruise lines and other third party suppliers. Except as provided in Section 10, (Online Booking), information on this Web Site is presented for your convenience but is not guaranteed and should not be relied on for booking. You should confirm all details of your reservation with CW in writing to 8614 Westwood Center Drive, Suite 800, Tysons, VA 22182, by fax to 1-240-487-0154, or by telephone at 1-800-377-9383 at the time of booking. CW will use commercially reasonable efforts to keep the Web Site available on a 24-hour/7-day week basis, subject to maintenance and security or system related outages, but does not guarantee that transmissions will be uninterrupted or error-free. Through your use of this Web Site, you warrant that you are at least eighteen (18) years of age and that you will not use this Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not interfere with or attempt to circumvent any security features, access controls, or consent tools presented on the Web Site. You may not use any “robot,” “bot,” “spider,” “scraper,” data mining tools or other automated means to access the Web Site for any purpose without our express written permission; attempt to decipher, decompile, disassemble, or reverse engineer ay of the software comprising or making up a part of the Web Site; introduce viruses, spyware, or other malicious code; or take any action that imposes an unreasonable load on our infrastructure. If you are under the age of 13 you may not use the Web Site.
3. CONSENT TO RECEIVE COMMUNICATIONS: You expressly consent to CW, directly or by third-parties acting on its behalf, to send marketing/promotional messages—including texts and calls made using an automatic telephone dialing system or pre-recorded or artificial voice messages—relating to CW’s services and booking systems. Your agreement to consent is not required to obtain any good or service.
4. CONSENT TO TELEPHONE CALL RECORDING & USE BY SERVICE PROVIDERS: CW may monitor and/or record or transcribe telephone calls between you and CW for quality assurance, training, analytics, security and compliance, and may utilize third-party service providers to enable and perform these activities, and may share the recordings with third parties for their provision of services to CW and for their own independent purposes which may include improving and developing their own products and services, measuring and improving performance, ensuring security and integrity, and other purpose. By initiating or accepting a call with CW, you expressly consent to such monitoring, recording, and transcription and to the collection, use, retention, and disclosure of the call recordings by CW and its service providers for the purposes described in this Section and as otherwise permitted by law in accordance with CW’s Privacy Policy. If you do not consent, end the call immediately and contact us through alternative channels. Your continued participation in a call constitutes consent.
5. CONSENT TO WEBSITE TECHNOLOGIES: When you visit or use the Web Site, CW and its service providers may automatically collect information about your device and your interactions with the Web Site through cookies, pixels, scripts, beacons, and similar technologies as described in our Privacy Policy, including for purposes such as to operate the Web Site, prevent fraud, secure our systems, measure and improve performance, and provide analytics and personalization. Your use of this Web Site, including certain features such as web forms and click-to-call, may be monitored, recorded, and/or transcribed by CW and its service providers for quality assurance, training, analytics, security, and compliance. This may include capture and analysis of interactions with the Web Site (such as page views, clicks, hovers, scrolls, and form inputs), the content of communications you send via the Web Site, and technical identifiers (such as IP address, device and browser information). By using the Web Site, you consent to such monitoring, recording, and collection by CW and its service providers consistent with our Privacy Policy and any notices presented to you. Please use our cookie preferences center and your browser settings to manage your preferences. Note that essential cookies and similar technologies required for the Web Site to function may operate regardless of your preferences. If you do not agree to this collection and use, do not access or use the Web Site.
6. EXCLUSION OF WARRANTY: THIS WEB SITE AND ANY LINKS FROM THIS WEB SITE ARE PROVIDED “AS IS”. CW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) WITH RESPECT TO THE INFORMATION OR CONTENT ON THE WEB SITE, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OF TRADE. CW DOES NOT WARRANT THAT THE WEB SITE, ITS SERVERS, OR ANY E-MAILS SENT FROM CW ARE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS THAT VARY FROM STATE TO STATE.
7. LIMITATIONS OF LIABILITY: (1) YOU AGREE THAT CW IS AN AGENT FOR THE PROVIDERS OF CRUISE SERVICES AVAILABLE THROUGH THIS WEB SITE. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE WEB SITE OR BY CW ARE LIMITED TO CLAIMS AGAINST THE CRUISE SERVICE PROVIDERS. CW IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR CONNECTED WITH THE GOODS OR SERVICES PURCHASED FROM OR PROVIDED BY ANY CRUISE OR OTHER SERVICE SUPPLIER THROUGH THE WEB SITE OR BY CW. (2) CW ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEB SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR CONTENT OF ANY KIND FROM THIS WEB SITE. CW SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR CONNECTED WITH ANY USE OF THIS WEB SITE OR CONTENT FOUND IN THIS AGREEMENT. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
8. GOVERNING LAW | DISPUTE RESOLUTION. You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) between you and CW along with any of its present and future marketing contractors, marketing affiliates, assignees, or other individuals or entities who may contact you in connection with the Web Site or the services provided on the Web Site (the “CW Parties”), and arising out of, relating to, or connected in any way with the Web Site or the services provided on the Web Site will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Consumer Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held in your county of residence; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Virginia law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) In addition to, and consistent with, the Limitations of Liability set forth in Section 7 above, the arbitrator will not have the power to award punitive, consequential or exemplary damages against any party; (8) The award rendered by the arbitrator[s] shall be final, non-appealable, and binding on the parties, and may be entered and enforced in any court having jurisdiction, (9) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, CW retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CW retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (10) If any part of this arbitration provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained in this Agreement. The FAA applies to any disputes over arbitrability or the enforcement of this clause. Any dispute as to arbitrability, including disputes about this Agreement’s enforceability, unconscionability, waiver, validity and applicability must be resolved by the arbitrator in arbitration and not by the court. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND THE CW PARTIES WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE INFORMATION PROVIDED IN THIS AGREEMENT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. You may opt out of this arbitration agreement by providing notice to us by U.S. Mail sent to: 8614 Westwood Center Drive, Suite 800, Tysons, VA 22182 no later than 30 calendar days from the date you accept these Terms and Conditions. To opt out, you must send notice in a letter that includes the subject line: “Arbitration Opt Out” along with your full name and the email address you used when consenting to the Terms and Conditions.
9. RATES AND OFFERS: Rates and offers on this Web Site and as quoted by CW representatives are capacity controlled, are subject to availability and confirmation, and may change without notice. CW assumes no responsibility for overbooking, cancellation, or delays for hotels, airlines, cruises, or other providers. Unless otherwise noted, rates shown are per person based on double occupancy, are in U.S. Dollars and include port charges. Unless otherwise noted, airfare, government taxes & fees are additional, and are subject to change up until your departure date. Additional restrictions may apply. If your vacation package includes airfare, your airfare is subject to the carriers, dates, times, and routing selected by the cruise line or provider. You may also contact your CW cruise specialist to request Preferred Flights through CW's cruise line partners. Preferred Flights are strongly encouraged to accommodate your flight dates, times, routing, or airline choices. The cost of Preferred Flights varies depending on the cruise line, plus any difference in airfare. Whatever your method of transportation to/from your cruise/vacation, you are responsible for any and all costs associated with delays or cancellations.
10. ONLINE BOOKING: CW offers reservation booking either through sales consultants, or online booking. You must be of legal age to travel and make reservations to book online. Online prices are for new bookings only and must be booked and paid for online to be guaranteed at those prices. Online prices are final. Price adjustments are not made for online bookings. Depending on your date of travel and your mailing address, travel documents for bookings made online may only be available for pier pick up. Certain changes may be made to online bookings, subject to administrative fees. Please call CW for the specific fees and availability for any requested changes. Except as specifically provided in this paragraph, all online bookings are subject to all the terms and conditions of CW and its suppliers.
11. TRAVEL PROTECTION THROUGH TRAVEL INSURED INTERNATIONAL: In order to help protect your vacation investment, CW offers insurance protection with a wide range of insurance benefits and non-insurance services through Travel Insured International, our trusted partner and leader in the travel insurance industry.
Trip protection may provide:
- Reimbursement of the nonrefundable portion of your travel investment if you have to cancel or interrupt your travel for a covered reason
- Benefits for covered medical emergencies and emergency transportation while you are abroad
- Protection for eligible trip delays, baggage delays, and lost, stolen, or damaged belongings
- 24/7 emergency assistance which provides a broad range of non-insurance services in the event of a travel or medical emergency, including medical referral and monitoring, legal assistance, arrangement of medical evacuations or repatriations and even pre-trip assistance
- And more!
Pre-existing medical conditions are typically excluded from coverage, but this exclusion can be waived if you purchase the plan within 14 days of the date your initial payment/deposit is received for the trip, and you must be medically able and not disabled from travel at the time your protection plan is paid for.
Coverage may vary by state. Refer to your plan document for all coverage details and requirements. This protection plan is not available to residents of NY, MT and WA.
This page contains highlights of the plans developed by Travel Insured International, which include travel insurance coverages underwritten by United States Fire Insurance Company, Principal Office located in Morristown, New Jersey, under form series T7000 et al, and non-insurance Travel Assistance Services provided by C&F Services.
The terms of insurance coverages in the plans may vary by jurisdiction and not all insurance coverages are available in all jurisdictions. Insurance coverages in these plans are subject to terms, limitations and exclusions including an exclusion for pre-existing medical conditions. In most states, your travel retailer is not a licensed insurance producer/agent, and is not qualified or authorized to answer technical questions about the terms, benefits, exclusions and conditions of the insurance offered or to evaluate the adequacy of your existing insurance coverage. Your travel retailer may be compensated for the purchase of a plan and may provide general information about the plans offered, including a description of the coverage and price. The purchase of travel insurance is not required in order to purchase any other product or service from your travel retailer.
CA DOI toll free number is 800-927-4357.
The cost of your plan is for the entire plan, which consists of both insurance and non-insurance components. Individuals looking to obtain additional information regarding the features and pricing of each travel plan component, please contact:
Travel Insured International
P.O. Box 6503, Glastonbury, CT 06033
800-243-3174; customercare@travelinsured.com
California license #0I13223.
While Travel Insured International markets the travel insurance in these plans on behalf of USF, non-insurance components of the plans were added to the plans by Travel Insured and Travel Insured does not receive compensation from USF for providing the non-insurance components of the plans.
12. LIABILITIES & RESPONSIBILITIES: CW is not an insurer and is not responsible for any damage to or loss of luggage or personal items. You are fully responsible for verifying all safety, security, and general conditions for each destination. You agree that CW is not responsible for any potential risks and hazards associated with travel to any destination, or travel with the suppliers listed on the Web Site. By embarking on travel arranged through CW you voluntarily assume the risks associated with such travel. CW assumes no responsibility for standards of hygiene, cuisine, sanitation, medical treatment or telecommunications services. CW is not responsible for any political instability, terrorist activity, war, social or labor unrest, civil disturbances, arbitrary changes in government policies, local laws or customs, climatic conditions, methods of conducting business, military activity or emergency evacuation methods, or any injury, loss, expense or damage that may result therefrom.
13. PRIVACY & PERSONAL INFORMATION: Your visit to the Web Site and use of any CW service is also governed by our Privacy Policy, which explains how your personal information is collected, stored, used, shared and disclosed. Our Privacy Policy only covers information collected through the use of CW's Internet sites, applications and online services and via direct communication between you and CW and does not cover any information collected at any other website, application or service. Using this Web Site or any CW service constitutes your agreement with our Privacy Policy. Our Privacy Policy may be updated from time to time, so please check back frequently.
14. TRAVEL DOCUMENTS: Proof of citizenship and photo identification will be required for your vacation. A valid U.S. passport may also be required for your travel. Please visit the State Department website at www.travel.state.gov, for current documentation requirements, and for instructions on how to renew or obtain a passport. You may also contact the National Passport Information Center toll free at 1-888-874-7793. Non-US citizens should check with their local consulate to determine the specific documents required for travel. The first and last names on your reservation and/or invoice must match your passport. You are solely responsible for ensuring compliance with all applicable governmental regulations and requirements, including Customs and Immigration requirements, at all destination points. You are responsible for, and release CW from any and all liability regarding, compliance with passport, visa, vaccination and/or other entry/exit requirements and payment of any charges, fees, duties, taxes or assessments related to your travel or your use of this Web Site. CW reserves the right to issue all ticketing as e-ticketing. With e-ticketing, you simply present proper identification at the pier and/or airport, along with your confirmation number, to receive your boarding tickets.
15. DEPOSITS, PAYMENTS, CANCELLATION FEES, AND REFUNDS: Check payments should be made payable to “The Cruise Web, Inc.” and mailed to The Cruise Web at 8614 Westwood Center Drive, Suite 800, Tysons, VA 22182. Credit card payments should be called in to CW at 1-800-377-9383 and will be processed by the cruise line and/or CW . For bookings not made online, your CW representative will outline the deposit and payment details of your particular reservation. All payments must be received by CW by the deadlines specified by the CW representative, or your reservation is subject to cancellation. If you pay by credit card, you agree to execute and return a credit card authorization form. Details of your reservation will be sent to you with your invoice. Please be sure to check the first and last names on the invoice to make sure that they match the names on your photo identifications. You should review your invoice carefully, and must notify CW of any discrepancies in your invoice within two business days of receipt. CW may offer you rebates or discounts from suppliers' actual rates, or may have net, group, or promotional rates to which CW adds commission and/or service fees. The CW total pricing quoted to you by a CW representative, as confirmed by your CW invoice, includes any and all commissions and service fees charged and/or earned by CW, although not detailed on the invoice. Unless otherwise specified in writing, cancelled reservations will be assessed a CW cancellation service fee equal to 15% of the invoice total (not including any insurance premium), plus all applicable supplier penalties, but in no event should the total fees/penalties exceed the reservation total. If the agency portion of the cancellation service fee is not covered by a travel protection policy, then this fee may be applied to a future cruise of equal or greater value to the cancelled cruise if booked within one year of the cancellation date.
16. OTHER TRAVEL SUPPLIERS: In making reservations on travel suppliers via CW, you agree to be bound by each travel supplier's terms and conditions for the United States as set forth in that supplier's web site, brochures, tickets, passage contract, contract of carriage, or other travel documents, and agree to the U.S. policies of those suppliers. Supplier penalties are established by each individual supplier and vary in schedule and amount. Supplier policies may also vary for different countries. HOWEVER, reservations made with CW are always governed by each supplier's policies for the United States. If you have questions regarding these policies, please contact your CW cruise consultant.
17. LINKS TO THIRD-PARTY SITES; LINKING POLICY: This Web Site may contain hyperlinks to websites operated by parties other than CW. Such hyperlinks are provided for your reference only. CW does not control such websites and are not responsible for their content. If CW posts hyperlinks to other websites, this does not mean that CW endorses the material on such websites or associate itself with their operators. Your access to and use of such websites, including information, materials, products and services on such websites, is solely at your own risk. Furthermore, because the CW Privacy Policy is applicable only when you are on our Web Site, once linked to another website, you should read that site’s privacy policy before disclosing any personal information. You may link to the Web Site’s home page only, provided the link does not portray CW or its services in a false, misleading, derogatory, or otherwise offensive manner and the linking site complies with applicable law; CW may revoke this permission at any time.
18. FEEDBACK: Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of the Web Site, such information will be deemed to be non-confidential. CW will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. CW will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
19. TERMINATION AND SUSPENSION: CW may, at any time and in its sole discretion, suspend or terminate your access to the Web Site, with or without notice, for any or no reason, including if CW believes you have violated these Terms and Conditions or applicable law.
20. CHANGES TO THE WEB SITE AND THESE TERMS & CONDITIONS: CW may make changes or improvements to the information, services, products, and other materials on the Web Site or may discontinue the Web Site at any time and without notice. CW may modify these Terms & Conditions at any time, and such modifications are effective upon posting. Your continued use of the Web Site after updates have been posted signifies your acceptance of the modified Terms & Conditions.
21. ENTIRE AGREEMENT: This Agreement represents the entire agreement between you and CW. Your making a reservation with CW, your retention of tickets, retention of travel documents, and your retention of invoice shall each individually or collectively constitute your express consent to the above terms and conditions. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
22. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the state of Virginia, without regard to conflict of laws provisions. You and CW agree to submit to the exclusive jurisdiction over all disputes under this Agreement and venue in an appropriate local or federal court located in the state of Virginia.
23. HEADINGS: The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect the terms and conditions in this Agreement.
