Agreement Between Customer and NorthStar Cruises, Inc. of Caldwell, New Jersey
These terms and conditions govern the relationship between NorthStar Cruises, Inc. (“NorthStar Cruises”) of 80 Bloomfield Ave. Suite 102, Caldwell, New Jersey 07006, and you, the purchaser and/or traveler (“customer” and/or “you/your”), as they apply to the subject travel bookings. No alterations to these terms and conditions may be made by any NorthStar Cruises employee, representative or agent, unless in writing by an officer of NorthStar Cruises. All decisions and matters subject to NorthStar Cruises discretion shall solely be made by an authorized officer of NorthStar Cruises.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the NorthStar Cruises Web site and written materials produced by NorthStar Cruises are: © NorthStar Cruises, Inc. (“NorthStar Cruises”). All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners.
These fees cover the costs incurred by NorthStar Cruises in servicing your travel booking.
Travel to certain destinations may involve greater risk than others. NorthStar Cruises urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, NORTHSTAR CRUISES DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
It is customer’s sole responsibility to seek and take all appropriate medical advice relevant to your health prior to departure as to whether or not you are fit enough to undertake the itinerary booked. NorthStar Cruises shall not be liable for illness, injury or death sustained on a travel booking sold by NorthStar Cruises.
USE OF NORTHSTAR CRUISES ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use make travel bookings with NorthStar Cruises by any means, including its Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of NorthStar Cruises communications by minors under your name or account. You also warrant that all information supplied by you or members of your household transacting business with NorthStar Cruises is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by NorthStar Cruises shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by NorthStar Cruises and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in NorthStar Cruises debiting your account for any costs NorthStar Cruises incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by NorthStar Cruises.
This agreement is governed by the laws of the State of New Jersey, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Essex County, New Jersey, USA, in all disputes arising out of or relating to travel bookings with NorthStar Cruises, including the use of the NorthStar Cruises Web site. Use of the NorthStar Cruises Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the customer and NorthStar Cruises with respect to travel bookings made with NorthStar Cruises by any means accessing such information, including its’ Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and NorthStar Cruises with respect to communications with NorthStar Cruises, including the NorthStar Cruises Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
SELLER OF TRAVEL
NorthStar Cruises is a registered seller of travel in California, CST #2065860-40
(Registration as a seller of travel in California does not constitute the state’s approval.)
Upon cancellation, any funds paid to NorthStar Cruises that are not under penalty by vendor or NorthStar Cruises shall be returned to passenger. The California Seller of Travel requires sellers of travel to have a trust account or bond. NorthStar Cruises has a trust account for all client payments and deposits.
PAYMENTS AND DOCUMENTATION
Final payment is due prior to departure according to separate supplier terms and conditions. If final and full payment is not received by due date, reservations are subject to cancellation and deposits shall be forfeited. Note: Airline reservations and arrangements may not be included, unless set forth in writing. In such event, it is the customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates, and returns. NorthStar Cruises shall not assume any responsibility for any air and/or ground schedule changes.
Prospective customers are advised to reserve early to avoid disappointment and additional fees.
It is the responsibility of each customer to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. We strongly recommend that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. Non-United States citizens may require additional documentation. Check with your local embassy or consulate.
REFUND OF UNUSED ARRANGEMENTS
As NorthStar Cruises tour prices are based on contract rates, there will not be any refund for any unused portion of a tour.
ALTERATIONS TO CONFIRMED BOOKINGS
If you decide to change any portion of your confirmed arrangements prior to departure, we will attempt to assist you at an administrative charge of $150.00 per change.
It is each customer’s responsibility to make absolutely certain to have the proper immunizations, and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. NorthStar Cruises shall not assume responsibility for the accuracy of health requirements or vaccination information and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by customer’s health practitioner on a valid vaccination certificate, which the customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Also, check the U. S. State Department (www.travel.state.gov) for relevant information relating to travel to specific destinations, and the U. S. Centers for Disease Control (www.cdc.gov/travel/camerica.htm) relating to health issues. It is the responsibility of each traveler to check medical requirements for wherever travel is planned.
NorthStar Cruises is not the source or supplier of the travel services requested, and acts solely as a booking agent for disclosed principal supplier airlines, hotels, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services. Each of these companies is an independent legal entity with its own management, and is not subject to the control of NorthStar Cruises. Customer is advised that the suppliers whose names appear in the travel documentation are those actually responsible for providing the travel services purchased, and consents to and requests the use of those suppliers selected by Customer.
All bookings are accepted by NorthStar Cruises as agent for independent domestic and/or overseas travel suppliers. The transportation, accommodations and other services provided by the identified ground, water, and air operators offered are subject to the terms and conditions contained in their respective Web sites, brochures, tickets, exchange orders or vouchers issued by them and/or their suppliers. Because NorthStar Cruises does not have the right to control the operations of the independent operators and their suppliers, IT IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE which may arise out of these services.
NorthStar Cruises reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary or desirable, to refuse to accept or to retain as a member of any tour any person at any time, and to pass on to customers any expenditure occasioned by delays or events beyond its control, including but not limited to fuel increases.
In case of any appreciable variation in its cost, NorthStar Cruises reserves the right to adjust its rates.
“Force Majeure” means, in relation to NorthStar Cruises, any circumstances beyond the reasonable control of NorthStar Cruises, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions or other untoward occurrences).
NorthStar Cruises shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non performance, of any of its obligations hereunder to the extent that any such delay or non performance is due to any Force Majeure.
If NorthStar Cruises, and/or any of its’ travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by NorthStar Cruises to you as a result of the non performance of any obligations hereunder shall remain in its sole and absolute discretion, although NorthStar Cruises shall use its reasonable efforts to reimburse you where possible. However, NorthStar Cruises shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to NorthStar Cruises of the Force Majeure.
Regarding civil unrest, once NorthStar Cruises has investigated the prevailing situation, as it deems fit, it shall remain in NorthStar Cruises’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to supplier terms and conditions.
NorthStar Cruises strongly recommends you purchase travel insurance, which NorthStar Cruises makes available to you. This can protect you from financial loss in almost all circumstances. NorthStar Cruises cannot be responsible for cancellation, emergency evacuation, accidents abroad, illness, lost luggage, or flight mishaps, and thus strongly urges that you purchase available insurance coverage. An additional charge will be made for insurance purchased. NorthStar Cruises strongly recommends that you purchase the following types of insurance:
- Accidental death and disability
- Travel accident
- Emergency medical evacuation
- Baggage & personal effects/lost luggage
- Flight insurance
- Trip cancellation/interruption
- Sickness and medical expense
- Trip delay
- Trip cost default protection
- Major Medical
ALTERATIONS IN TRAVEL PLANS
Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of NorthStar Cruises and subject to supplier terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.
Please review our form Explanation of Responsibility, Release of Liability, and Assumption of Risk,
as well as your travel insurance options.
For additional information related to these Terms & Conditions or to ask questions please contact us.