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Terms and Condition

GENERAL TERMS AND CONDITIONS IMPORTANT TERMS AND CONDITIONS – READ CAREFULLY!

THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY [ARUNA FLEET] TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW.

In consideration of the receipt of the full cruise fare and/or boarding and lodging on the vessel to which this reservation applies (the “Vessel”), Aruna Fleet (“Aruna Fleet”) and Guest agree that the booking of the cruise and the cruise are subject to the following terms and conditions:

 

1.  DEFINITIONS:

  • (a) Whenever the word “Aruna Fleet”, “we”, “our”, or “us” is used in this general terms and conditions (“T&C”) it shall mean and include the Vessel, and all its owners, operators, employees, agents, charterers, and water shuttles. The term “Guest” shall include the plural where appropriate and means all persons or entities booking or purchasing passage and/or traveling under this T&C, including heirs, representatives, and any accompanying minors. The masculine includes the feminine. “Guest” shall have the same meaning as “Passenger” in this T&C.
  • (b) A “Force Majeure Event” refers to any cause beyond the reasonable control of Aruna Fleet that could not have been reasonably avoided, including acts of God, war, terrorism, riots, embargoes, actions by civil or military authorities, personal injury, airline delays, pandemic outbreaks, denial of entry, or delays in the process of clearing immigration, quarantine, and customs at any port of entry into a country.

2.  OUR OFFERED PACKAGE:

Package included:

  • Round-trip transfer from Airport/Hotel to embarkation/disembarkation port* 
  • Accommodation with En-suite bathroom (based on twin-sharing basis), Single occupancy is subject to 100% 
  • Full board meal
  • All beverages (Coffee/Tea/Soft Drink/Juices)
  • 32% Enriched Air Nitrox
  • 12 liters Tank and weight
  • Dive Guide

Package Excluded:

  • All related transportation/flight expenses both international and domestic
  • Other related expenses before and after cruise date
  • Park and Port Clearance Fee – Park and Port fees are required for certain destinations visited and subject to be changed without prior notice as determined by government policies. 
  • Fuel surcharge (where applicable)
  • Alcohol drinks
  • Travel and dive Insurance
  • Crew gratuities
  • Dive equipment rental fee

3.  YOUR RESERVATION, ALTERATION, AND CANCELLATION

  • Reservation: All reservations must be done via an email, failure to do so is considered no
  • Schedule Alteration: You may request to change your itinerary from your reserved schedule by sending request via an email to confirm your request (“Change Request”) at least 180 days prior to your original scheduled embarkation date. Any Change Request made thereafter will not be accepted. In the event your Change Request is allowed, a new embarkation date must be within 12 months of the original embarkation date. Any of your changes on reserved embarkation date is subject to an alteration charge at the rate of 10% of the total net amount. Furthermore, the rates for the rescheduled cruise date will be revised, taking into account any applicable adjustments, and any previous discounts that were valid for the original booking will not be transferred unless the same offer is currently valid for the specific destination at the time the alteration request is made.
  • Cancellation: Subject to Cancellation Policy (set out hereunder), your request for cancellation must be done via an email to Aruna Fleet for confirmation of your cancellation request and such cancellation will be valid upon mutually agreed by both parties.

4.  PAYMENT TERMS AND CONDITIONS:

Any reservation is subjected always to the payment conditions set out in this Clause 4.

  • Deposit and payment

The following deposits and payments must be made to Aruna Fleet:

  1. Deposit of 10% of the total nett amount required to be paid within 14 days after booking date. *Non-Refundable
  1. Deposit of 20% of the total nett amount required to be paid at least 270 days before trip departure date. *Non- Refundable
  1. 30% of the total nett amount required to be paid at least 180 days before trip departure date
  1. 40% Final Payment required to be paid at least 90 days before trip departure date

Last minute booking: A full (100%) payment is required when the reservation is made less than 90 days before trip departure date.

You are responsible for all bank charges, including any transfer, commissions and telex fees, as well as any charges incurred by the beneficiary. Please note that Aruna Fleet retains the right to deny any guest access to the cruise service, including embarkation on the vessel, if the full cruise fare has not been paid prior to the embarkation.

In the event that the payment terms for the cruise fare outlined above are not met, it shall be deemed as you cancel your reservation and Aruna Fleet reserves the right to cancel your reservation and resale the space without prior notice.

  • Cancellation Policy:

Your cancellation is subjected to the following conditions:

  1. Cancellation made less than 270 days but more than 180 days before departure date, the cancellation fee is 30% of the total nett amount.
  1. Cancellation made less than 180 days but more than 90 days before departure date, the cancellation fee is 40% of the total nett amount. 
  1. Cancellation made less than 90 days – No Refunds

*Any refunded amount will be the amount after deducing any bank charges incurred by us and may be varied depending on the then current exchange rate (if applicable).

  • Any travel agent, dive shop, or sales agent utilized by the Guest in connection with the booking of the cruise is solely the agent of the Guest and not Aruna Fleet. Aruna Fleet is not responsible for the financial condition or integrity of any travel agent utilized by Guest. In the event that an agent shall fail to remit to Aruna Fleet any monies paid to the agent by Guest, Guest shall be and remain liable for the fare due to Aruna Fleet, regardless of whether liability is asserted before or after embarkation. Our service is conditional upon final payment being received by Aruna Fleet prior to sailing. Any refund made by Carnival to an agent on behalf of Guest shall be deemed payment to Guest, regardless of whether the monies are delivered by the agent to Guest. Receipt of this ticket contract, any other documentation or notification pertaining to the cruise by Guest’s travel agent shall constitute receipt by

5.  CRUISE REQUIREMENTS

  • Insurance:

It is a requirement that all Guest must have adequate diving and travel insurance, which includes:

  1. Dive Injury Insurance: This insurance should cover all potential risks, costs, and expenses related to a diving injury, including recompression chamber treatments, air evacuation, and loss or damage to personal We recommend that the insurance covers SCUBA diving to a minimum depth of 40m, as well as any other SCUBA activities specified in your itinerary or reasonably expected during your booking.
  1. Medical Evacuation Insurance: This insurance should cover all potential risks, costs, and expenses associated with a diving injury or the need for evacuation to a specialized care facility. This includes low-altitude air evacuation, specialist treatment, direct and indirect losses.
  1. Travel Insurance: Each Guest is also required to have comprehensive travel insurance that covers your personal requirements, including pre-existing medical conditions, cancellation charges, medical expenses, repatriation in the event of accident or illness, diving injuries, and medical evacuation.

It is your responsibility to ensure that your insurance policy adequately covers all of these aspects. Suitable diving insurance providers may include Dive Assure, Divers Alert Network, or any preferred diving insurer that covers the risks and expenses mentioned above.

If you choose to travel without adequate insurance coverage, Aruna Fleet will not assume any responsibility for any expenses incurred. It is your sole responsibility to ensure that you have appropriate and sufficient insurance coverage to meet your needs and mitigate potential expenses in case of any unforeseen circumstances.

  • Diving Qualification:

For the safety and security of all participants, it is a requirement that all divers present valid proof of their diving certification and/or dive log book. These serves as evidence that the diver has undergone proper training and possesses the necessary knowledge and skills to engage in scuba diving activities.

We kindly ask all divers to carry their certification cards or dive log book with them during their trip, as they may be requested at any time to verify their diving qualifications. This requirement applies to divers of all levels, from beginners to advanced and professional divers.

In the event that Guest cannot provide the proof of dive certification, Aruna Fleet have the right to reject such Guest for participation in diving activities. No refund will be granted for prepaid activities.

  • Passport, Visa and immigration

Passports to be valid for at least 6 months beyond the return date. Please be aware that Aruna Fleet do not accept any responsibility if you experience delays, are unable to travel, or incur any other losses due to your failure to comply with passport, visa, immigration requirements, or health formalities.

It is important for guests to ensure they meet all the necessary entry requirements for the countries they will be visiting during the cruise. This includes obtaining the appropriate visas, complying with immigration regulations, and fulfilling any other necessary obligations. Failure to meet these requirements may result in denied entry and the subsequent application of the cancellation policy.


6.  CONTACT INFORMATION AND RELEASE

Guest agrees that any email address, telephone number, or mailing address provided to Aruna Fleet during the booking or per-cruise process by or on behalf of such Guest (“Provided Contact Information”) may be used by Aruna Fleet as the email address, telephone number, or mailing address for such Guest, whether or not the Provided Contact Information in fact includes Guest’s individual email address, telephone number, or mailing address. Guest consents to and agrees that Aruna Fleet may use the Provided Contact Information to give any notice or information relating to Guest’s reservation, booking, or ticket contract and that Aruna Fleet’s sending of any notice or information by use of the Provided Contact Information shall constitute notice to Guest. Guest further consents to and agrees that Aruna Fleet may communicate with any person contacting Aruna Fleet from any Provided Contact Information concerning Guest’s reservation, booking, or ticket contract. GUEST HEREBY RELEASES AND FOREVER DISCHARGES ARUNA FLEET, AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND CONTRACTORS, FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTIONS OR SUITS ARISING OUT OF, OR RELATED TO: 1) ARUNA FLEET’S USE OF THE PROVIDED CONTACT INFORMATION TO PROVIDE NOTICES OR INFORMATION TO GUEST, OR; 2) ARUNA FLEET’S COMMUNICATING WITH ANY PERSON CONTACTING CARNIVAL FROM THE PROVIDED CONTACT INFORMATION CONCERNING GUEST’S RESERVATION, BOOKING, OR TICKET CONTRACT.

7.    BAGGAGE, PERSONAL PROPERTY, PROHIBITED ITEMS, AND LIMITATION OF LIABILITY

  • (a) No Guest is permitted to bring on board the Vessel live
  • (b) Weapons, knives, firearms, contraband, ammunition, explosives, incendiary devices, or other dangerous items are strictly prohibited aboard the Vessel. Aruna Fleet reserves the right to confiscate, destroy and/or turn over to authorities these or any other items it deems in its sole discretion to be detrimental to the safety or comfort of any person or which are otherwise improperly in the possession of any Guest. Each Guest warrants that no such articles are contained in any receptacle or container carried or presented as baggage.
  • (c) Marijuana and all illegal controlled substances are strictly prohibited and may not be brought on All Guests agree Aruna Fleet has, at all times with or without notice, the right to search Guest’s cabin and baggage and/or personal effects for any of these prohibited items, at any location, to ensure compliance with these restrictions. Any Guest who refuses any such search or screening, or any Guest traveling with such items and/or attempting to board the Vessel with any such items, may be denied boarding or disembarked and no refund of the cruise fare will be issued. The Guest will be solely responsible for any and all damage and/or loss caused by his violation of this policy.
  • (d) Aruna Fleet reserves the right to inspect all luggage for the safety and security of the Vessel and deny any such luggage it deems unreasonable, unsafe or illegal.
  • (e) Aruna Fleet shall not be liable for (1) any loss or damage before baggage comes into Aruna Fleet’s actual custody on board or after baggage leaves Aruna Fleet’s actual custody on board, including, but not limited to, loss or damage by airlines or other transportation services; (2) any loss or damage of baggage while not in the actual possession, custody and control of Aruna Fleet; (3) damage due to wear, tear or normal usage; (4) any loss or damage of perishable items, medicine, liquor, jewelry, valuable items, cash, securities or other financial instruments, or (5) any loss or damage while in the custody and control of stevedores.
  • (f) It is stipulated and agreed that notwithstanding anything to the contrary, if Aruna Fleet shall be held liable for the loss of or damage to Guest’s baggage or property it is agreed that such liability shall not exceed [XXXXX].

8.   NATURE OF CRUISE; FITNESS TO TRAVEL; SPECIAL NEEDS; PREGNANCY AND INFANTS; DISEMBARKATION

  • The Guest admits a full understanding of the character of the voyage and the Vessel and assumes all risks incident to travel and transportation and handling of Guests and While at sea or in port the availability of

medical care may be limited or delayed. Guest acknowledges that all or part of their voyage may be in areas where medical care and evacuation may not be available. Guest agrees to indemnify and reimburse Aruna Fleet in the event Aruna Fleet elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith. Guest acknowledges and agrees that they are solely responsible for all charges related to medical services received onboard and/or at a port of call. Aruna Fleet strongly encourages all Guests to obtain travel insurance prior to the cruise that can help offset such medical expenses.

  • Aruna Fleet’s vessels visit numerous places. Guests assume responsibility for their own safety and Aruna Fleet cannot guarantee Guest’s safety at any time. Each of your original country government (including any relevant disease control and prevention authority) and tourist organizations may regularly issue advisories and warnings to travelers and Aruna Fleet strongly recommends Guests obtain and consider such information when making travel decisions. Aruna Fleet assumes no responsibility for gathering said information.
  • Guest warrants that Guest and Guest’s travelling party are physically and emotionally fit to travel at the time of embarkation, and further warrants that such Guests have no medical or emotional condition that would endanger any Guest or crew members or result in a deviation of the Any Guest with special medical, physical, or other needs requiring medical attention or special accommodation during the voyage is requested to notify Aruna Fleet in writing at the time of booking of such special need. Aruna Fleet recommends that any Guest who is not self- sufficient travel with a companion who shall take responsibility for any assistance needed during the voyage. Aruna Fleet does not provide one-on-one personal care assistance, and all Guests must be able to provide such care for themselves (e.g., performing personal tasks such as eating, dressing, toileting, bathing, and getting around the ship). Once on board, our crew will not provide any assistance with such personal tasks. Guests are encouraged to contact their treating physician to discuss their health concerns, including pregnancy before traveling.
  • Aruna Fleet reserves the right to refuse boarding or passage, disembark, or confine to a stateroom any Guest who violates the terms of this T&C or Aruna Fleet’s policies (including but not limited to Aruna Fleet’s health and safety protocols) or any Guest whose physical or mental condition or behavior would be considered, in the sole opinion of the Captain or cruise director, a risk to any Guest or crew Guest understands and acknowledges that in addition to the limitations on medical care described in Clause 8(a), prenatal and early infant care, in particular, may require specialized diagnostic facilities and/or treatment that are not available or obtainable during the cruise on board the ship and/or ashore in ports of call. Therefore, any Guest that is unfit to travel, and any Guest who will at any time during the cruise enter her 24th week of estimated gestational age, agrees not to book a cruise or board the ship. Aruna Fleet reserves the right to disembark any unfit Guest or any Guest whose behavior affects the comfort, enjoyment, safety or wellbeing of other Guests or crew members. Guests disembarked in such circumstances shall be liable for any fines, penalties, costs and expenses incurred. Aruna Fleet reserves the right to debark, deny boarding, or cancel the reservation without refund, compensation, or payment of any Guest who is unfit to travel and/or who will be in excess of their 23rd week of gestation at time of sailing, except as set forth in Aruna Fleet’s cancellation policy described in Clause 4 above, based on the timing of such cancellation.

9.  RIGHT TO CANCEL OR CHANGE VOYAGE:

We strongly recommend that you have comprehensive travel insurance to cover unexpected events.

  • Force majeure cancellations/ re-scheduling

Occasionally Force Majeure Event arises. Aruna Fleet will not be hold liable due to Force Majeure and there will be NO REFUND.

In these circumstances we and you will be bound by the operator’s terms and conditions, and we will provide these to you before you confirm your reservation. Each operator has its own policies and these may include an option to re-schedule your trip to an acceptable later date, re-routing your trip to another acceptable destination, or arranging a full or partial refund. Equally, there may be no automatic right to a refund or compensation of any kind. In the absence of any terms to the contrary, customers will be expected to make a claim on their insurance policy.

  • Insufficient reservations

Aruna Fleet reserves the right to cancel the cruises if there are fewer than 10 paying Guests. We will make every effort to transfer Guests to a vessel that we consider to be of equal or superior standard in the event of a cruise cancellation. Alternatively, we may ask the Guest to transfer their booking to the date before or after the originally scheduled cruise. If neither of these options is feasible, we will provide a full refund of the trip cost only.

  • Responsibility to arrive for the trip

It is your responsibility to get to the scheduled departure point of your trip or the operator pick-up point, or to the resort. Generally there will be no right to a refund due to unforeseen circumstances that affect your ability to be present.

  • Acts or omissions by the operator

If due to some failing of the operator, e.g. mechanical failure, a trip is cancelled/terminated early, Aruna Fleet will do its best to find you an acceptable alternative or re-scheduled trip. If we are unable to do so then we will offer you a full/partial refund.

  • Itinerary changes

Circumstances may arise which cause changes to itineraries, ports or numbers of dives, such as but not limited to weather conditions, illness, technical/mechanical difficulties, dive site inaccessibility or personal choice. Such circumstances are not valid reasons for a refund, partial or otherwise.


10.  LIMITATIONS OF LIABILITY

  • In consideration for the fare paid, it is agreed that Aruna Fleet shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Aruna Fleet nor for any intentional or negligent acts of Aruna Fleet’s employees committed while off duty or outside the course and scope of their employment. Guest assumes the risk of injury, death, illness or other loss and Aruna Fleet is not responsible for the negligence or wrongdoing of any independent contractors.
  • In consideration for the fare paid, it is agreed that Aruna Fleet shall have no liability as a consequence of Guest’s use of ship’s athletic or recreational equipment or as a consequence of Guest’s decision to participate in any athletic or recreational activity or event.
  • Aruna Fleet shall be entitled to any and all liability limitations and immunities for loss of or damage to luggage, death and/or personal injury in the event of accidents. Unless the loss or damage was caused by a shipping incident, which is defined as a shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship, Aruna Fleet’s liability is limited to no more than the price paid by each Guest if the Guest proves that the incident was a result of Aruna Fleet’s fault or neglect. Notwithstanding anything to the contrary, IN NO EVENT SHALL ARUNA FLEET BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES.
  • Aruna Fleet shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of Aruna Fleet and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to be intentionally inflicted by Aruna Fleet.
  • In addition to all the restrictions and exemptions from liability provided in this T&C, nothing in this Contract is intended to nor shall it operate to limit or deprive Carnival or any such statutory limitation of or exoneration from liability under any applicable laws.
  • All rights, exemptions from liability, defenses and immunities of Aruna Fleet under this contract shall also inure to the benefit of Aruna Fleet’s facilities, whether at sea or ashore, servants, agents, managers, affiliated or related companies, suppliers, shipbuilders and manufacturers of component parts and independent contractors, including, but not limited to, shore excursion or tour operators, ship’s physician, ship’s nurse, retail shop personnel, health and beauty staff, fitness staff, video diary staff, and other concessionaires, who shall have no liability to the Guest, either in contract or in tort, which is greater than or different from that of Aruna Fleet.
  • The limitations and exclusions in this Clause 10 shall apply regardless of whether a claim is based in contract, warranty, indemnity, tort/extra-contractual liability (including negligence), strict liability or otherwise. THE PROVISIONS OF THIS CLAUSE 10 SHALL PREVAIL OVER ANY CONFLICTING OR INCONSISTENT PROVISIONS

CONTAINED IN ANY OF THE DOCUMENTS COMPRISING THIS T&C, EXCEPT TO THE EXTENT THAT SUCH PROVISIONS FURTHER RESTRICT ARUNA FLEET’S LIABILITY.


11.  TIME LIMITS FOR CLAIMS, JURISDICTION, VENUE, ARBITRATION AND GOVERNING LAW

  • Aruna Fleet shall not be liable for any claims whatsoever for personal injury, illness or death of the Guest, unless full particulars in writing are given to Aruna Fleet within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Aruna Fleet within 120 days after filing. Guest expressly waives all other potentially applicable state or federal limitations periods.
  • Aruna Fleet shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the Guest, unless full particulars in writing are given to Aruna Fleet within 30 days after the Guest is landed from the Vessel or in the case the Voyage is abandoned, within 30 days Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six months after the date Guest is landed from the Vessel or in the case the Voyage is abandoned, within six months thereafter, and unless served upon Aruna Fleet within 120 days after commencement. Guest expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, trade practices and/or advertising.
  • Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest (whether brought in personam or in rem or 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 T&C, the booking of the cruise) in which Guest or any other claimant asserts damages must be litigated if at all before a competency court in Thailand to the exclusion of the courts of any other county, state or country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be otherwise available.

NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR ARUNA FLEET WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Aruna Fleet

and Guest further agree to permit the taking of a deposition under oath of the Guest asserting the claim, or for whose benefit the claim is asserted, in any such arbitration.

  • Any and all disputes whatsoever arising out of or relating to this T&C or Guest’s Cruise as well as the interpretation, applicability and enforcement of this T&C shall be governed exclusively by the maritime law of the Kingdom of Thailand, without regard to choice of law rules, which replaces, supersedes and preempts any provision of law of any other state or nation.

12.  CLASS ACTION WAIVER

THIS T&C PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION AND SUPERSEDES ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION WAIVER PRECLUDES GUEST FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM BROUGHT IN CONNECTION WITH GUEST’S CRUISE. EVEN IF APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION. GUEST EXPRESSLY AGREES TO WAIVE AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION, THE GUEST FURTHER AGREES AND ACKNOWLEDGES THAT THE CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW AND NOT BY AN ARBITRATOR. GUEST AGREES THAT THIS CLAUSE SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN CLAUSE 11 ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION. GUEST AGREES THAT CARNIVAL CAN RECEIVE IMMEDIATE JUDICIAL ASSISTANCE TO ENFORCE THIS CLASS ACTION WAIVER.

13.  ARUNA FLEET’S USE OF GUEST’S LIKENESS

Each Guest grants Aruna Fleet and/or its promotional partners the exclusive right to include photographic, video and other visual portrayals of Guest in any medium of any nature whatsoever for any purpose including without limitation trade, advertising, sales, publicity or otherwise, without compensation to Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Aruna Fleet’s sole property, free from any claims by Guest or any person deriving any rights or interest from Guest. Each Guest understands and agrees that professional onboard photographers may photograph Guest, and that those photos may be processed, displayed and sold to Guests and others.