Terms of Conveyence 2024

ARGOSY CRUISES TERMS OF CONVEYANCE

This document gives the terms upon which Argosy Cruises agrees to provide a cruise. By entering upon any of

our Vessels, You agree to be bound by the terms and conditions described in this document.

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This Terms of Conveyance document governs all dealings between

You and Us.

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1. Defined Terms: Here is what the terms in this Terms of Conveyance mean:

• “Cruise” means the specific cruise on Our Vessel.

• “Us”, “We”, "Argosy" or “Our” means or refers to Argosy LP (d/b/a Argosy

Cruises) its officers, members, managers, employees and agents, and for the

purposes of rights and obligations under these Terms of Conveyance only, it

also includes the Vessel on which You have or

will travel and the Vessel’s

operators, managers, officers, staff, crewmembers, and employees.

• “Passenger” refers to You and any of your minor guests.

• “You” and “Your” refers to the person riding on our Vessel, and any minor in

your care accompanying you.

• “Vessel” means the vessel on which You have or

will travel under these Terms

of Conveyance.

2. Cruise: You agree to pay the Cruise Fee for the Cruise, and We agree to provide a Cruise

consistent with the terms of the Terms of Conveyance.

3. By providing Us with your credit card information, you expressly authorize Us to charge

your credit card account for any and all additional fees that may become due and owing

relating to the Cruise.

4. Cancellation Policy: If you miss or cancel your public sightseeing cruise, a refund will not

be granted unless Trip Protection was purchased at the time of booking. You will have

one opportunity to reschedule to a future cruise time with availability within one year of

the original cruise date. Trip Protection allows you to cancel your reservation and receive

a full refund on the value of the cruise until 48 hours before your departure. Combo

tickets with other attractions are nonrefundable. If you cancel 72 hours or more in

advance of your ticketed special event cruise, you will be offered a 50% refund on the

total amount paid. Cancellations less than 72 hours in advance of departure of the special

event cruise will not be refunded and future open credits will not be offered. Guests are

encouraged to exercise care to select the correct tour, the correct date, the correct

departure time, and the correct number of tickets before completing any purchase.

5. Ticketing: You will be provided with tickets, in the form of a digital or physical boarding

pass, prior to the Cruise boarding time. No passenger will be allowed on the Vessel

without a valid digital or physical ticket issued by Us. No refund will be provided for lost

tickets.

6. Change of Itinerary/Cancellation: Water travel involves uncertainties not present in land-

based transportation which may alter the Cruise itinerary. We may, in our discretion,

change the publicized Cruise route, discontinue the Cruise, or cancel the Cruise, based

upon prevailing weather or waterway/lake conditions, United States Coast Guard

directive, rescue of third parties, governmental actions preventing operation, unforeseen

mechanical occurrences during the cruise or immediately prior thereto, bridge or lock

malfunction, water level or lock conditions, safety or security alerts or similar

occurrences. If a Cruise is cancelled before commencement due to our negligence,

government edict or weather conditions, or our failure to properly prepare or maintain

the Vessel You will be entitled, as Your exclusive, sole, full and final remedy and measure

of damages, to receive a full refund of all amounts paid in advance of the Cruise. We will

not be liable for lack of performance or delays caused by acts of God, perils of the sea;

adverse weather conditions; air quality index (“AQI”) 200+ as measured at the point of

departure; or events that are not within Our reasonable control.

7. ADA Accommodation/ Disabled Guests: We welcome the opportunity to host and assist

disabled guests. Please help Us prepare to provide a quick and appropriate

accommodation by telling Us at the time You book Your Cruise, or as soon as possible, of

any guest needing special assistance due to physical or mental disability requiring special

accommodation during the Cruise. Please also let Us know if a service animal is

contemplated, so We can be helpful.

8. Vessel Decorum: We want to conduct a safe enjoyable Cruise for all passengers. We

reserve the absolute right to refuse passage or to remove any passenger or to terminate

the Cruise without refund if any passenger or if multiple passengers act in a disorderly

manner or fail to comply with any law or with any of Our directives during the Cruise for

the general safety and comfort of others aboard the Vessel. We will be the sole judge of

the condition and the appropriate measures to be taken. Neither We nor Our employees

shall be liable for any mistake in judgment in making this determination. We further

reserve all rights to terminate any Cruise at any time, without the issuance of a refund,

when deemed, in the discretion of the Captain, appropriate or advisable for the

maintenance of decorum, compliance with law, or protection of property, safety or

avoidance of injury.

9. You may not bring on board any firearms, fireworks, explosives, hazardous substances,

illegal drugs, food, drinks, weapons, or alcohol.

10. Minors: All minors must be accompanied by and be under the supervision of a

responsible adult chaperone, parent, or guardian. We reserve the right to refuse passage

on a Cruise or to remove any minors from the Vessel if we determine, in our sole

discretion, that the supervision of such minors is inadequate to ensure the compliance of

Our Passenger decorum standards or may result in an unsafe condition on board the

Vessel. Under no circumstances will jumping from the Vessel or swimming be allowed

from the Vessel. Nothing may be thrown over-board.

11. Beverages (Alcoholic & Non-Alcoholic): All on-board beverages must be purchased from

Us. All laws relating to the service of alcoholic beverages shall be strictly observed. No

minor will be served alcohol, and satisfactory proof of age is required. You may not

attempt to serve alcohol to a minor or misrepresent the age of a minor with the intention

of causing consumption of alcohol on Our Vessel by a minor. Alcohol service will cease

15 minutes prior to the end of the Cruise. We reserve the right to deny service of alcohol

to any person, in our sole discretion for any reason, or to terminate the sale of alcohol

prior to the normal bar-closing scheduled time. All passengers are encouraged to identify

a “designated driver.” Upon request, We will arrange a ride home for any passenger

lacking a designated driver.

12. Cruise Conclusion: The Vessel shall be vacated within 30 minutes of docking. You must

remove all property brought on-board and shall leave the Vessel in reasonably clean

condition. You agree to pay the cost of repairing or replacing property damaged or

destroyed by You (other than normal wear and tear) plus a 15% administrative fee,

determined in our reasonable discretion, in the event of negligence resulting in damage

to Our property.

THE FOLLOWING SECTION 13 LIMITS OUR LIABILITY IN THE EVENT OF YOUR

ILLNESS OR INJURY ON BOARD OUR VESSEL AND SECTION 14 LIMITS THE TIME

YOU HAVE TO SEEK RECOVERY IN THE EVENT OF SUCH ILLNESS OR INJURY.

PLEASE READ THOSE SECTIONS CAREFULLY. BY BOARDING OUR VESSEL AND

GOING ON THE CRUISE, YOU AGREE TO BE BOUND BY THESE TERMS OF

CONVEYANCE, INCLUDING SECTIONS 13 AND 14 BELOW.

13. LIMITATION ON LIABILITY:

A. PHYSICAL INJURY, PROPERTY DAMAGE. WE WILL NOT BE LIABLE TO YOU FOR ANY

DAMAGES IF YOU ARE INJURED, BECOME ILL, OR DIE, OR YOUR PROPERTY IS LOST

OR DAMAGED, UNLESS DUE TO OUR PROVEN NEGLIGENCE OR FAULT.

B. EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY. WE WILL

NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR INFLICTION OF

EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WHICH

WAS NOT: (I) THE RESULT OF PHYSICAL INJURY TO THE CLAIMANT CAUSED BY THE

NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER,

OWNER OR OPERATOR OF THE VESSEL; (II) THE RESULT OF THE CLAIMANT HAVING

BEEN AT ACTUAL RISK OF PHYSICAL INJURY, AND SUCH RISK WAS CAUSED BY THE

NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER,

OWNER OR OPERATOR OF THE VESSEL; OR (III) INTENTIONALLY INFLICTED BY A

CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER OR OPERATOR OF THE

VESSEL.

C. LIMITATION ON DAMAGES. IN ADDITION TO THE LIMITATIONS SET FORTH IN THE

FORGOING SECTIONS 13(A)-(B), WE RETAIN ANY AND ALL LIMITATIONS OF, AND

EXEMPTIONS FROM, LIABILITY ACCORDED TO VESSEL-OWNERS AND TOUR

OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION,

THOSE PROVIDED FOR IN CHAPTER 305, SUBTITLE III OF THE 46 UNITED STATES

CODE, WHICH ARE UNITED STATES STATUTES LIMITING THE LIABILITY OF VESSEL

OWNERS. IN NO EVENT WILL WE BE LIABLE TO YOU FOR: (I) CONSEQUENTIAL OR

INCIDENTAL, REGARDLESS OF WHETHER SUCH DAMAGES WERE REASONABLY

FORESEEABLE; OR (2); EXEMPLARY OR PUNITIVE DAMAGES; AND IN NO EVENT WILL

DAMAGES AGAINST US, UPON ANY THEORY, EXCEED THE TICKET FEE UNLESS

REQUIRED BY FEDERAL ADMIRALTY LAW.

14. TIME LIMITS FOR NOTICING CLAIMS AND FILING AND SERVICE OF LAWSUITS:

A. ANY CASE GOVERNED BY 46 USC § 30526. 46 USC § 30526PERMITS A VESSEL

OWNER TO LIMIT THE TIME DURING WHICH A PASSENGER MAY FILE A CLAIM OR

COMMENCE SUIT AGAINST A VESSEL-OWNER FOR PERSONAL INJURY OR DEATH. IN

ANY CASE THAT STATUTE APPLIES, YOU MAY NOT MAINTAIN A LAWSUIT AGAINST

US OR THE VESSEL FOR LOSS OF LIFE OR BODILY INJURY UNLESS: (I) WRITTEN

NOTICE OF THE CLAIM IS DELIVERED TO US NOT LATER THAN SIX (6) MONTHS AFTER

THE DAY OF DEATH OR INJURY; (II) THE LAWSUIT IS COMMENCED NOT LATER THAN

ONE (1) YEAR AFTER THE DAY OF DEATH OR INJURY; AND (III) VALID SERVICE OF THE

LAWSUIT ON US IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION

OF THAT ONE (1) YEAR PERIOD.

B. OTHER CLAIMS. FOR ALL OTHER CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS

FOR LOSS OR DAMAGE TO PROPERTY, BREACH OF CONTRACT, ILLNESS OR DEATH

OR INJURY, NOT GOVERNED BY 46 USC § 30526, YOU MAY NOT MAINTAIN A

LAWSUIT AGAINST US OR THE VESSEL, NOR WILL WE OR THE SHIP BE LIABLE

THEREFORE, UNLESS: (I) WE ARE PROVIDED WITH WRITTEN NOTICE OF CLAIM

WITHIN THIRTY (30) DAYS AFTER CONCLUSION OF THE CRUISE; (II) THE LAWSUIT

FOR SUCH CLAIM IS COMMENCED NOT LATER THAN ONE (1) YEAR AFTER

CONCLUSION OF THE CRUISE; AND (III) VALID SERVICE OF THE LAWSUIT ON US IS

MADE WITHIN 30 DAYS FOLLOWING THE EXPIRATION OF THAT ONE (1) YEAR

PERIOD.

C. CLAIM FOR MINOR OR INCOMPETENT PERSON. IN THE CASE OF A CLAIM BY OR ON

BEHALF OF A MINOR OR LEGALLY INCOMPETENT PERSON, THE TIME PERIODS

DESCRIBED ABOVE SHALL BEGIN TO RUN ON THE EARLIER OF: (I) DATE OF

APPOINTMENT OF A LEGAL REPRESENTATIVE FOR THE MINOR OR LEGALLY

INCOMPETENT PERSON, OR THEIR ESTATE (AS THE CASE MAY BE); OR (II) THREE (3)

YEARS AFTER THE DAY OF DEATH, INJURY OR DAMAGE, AS APPLICABLE.

15. Marine Security: You and We are subject to the requirements of the Federal Marine

Transportation Safety Act which may require, for security purposes, the identification of

all Passengers as well as the inspection of all items brought on any of Our Vessels.

16. Parking and Vessel Access: We neither own nor operate any parking facility. We do not

maintain contracts to provide parking facilities, nor do we act as agent for any parking

facility. Any information provided to You as to parking is provided as a courtesy. We shall

have no liability arising from or relating in any manner to the availability, non-availability,

delay in the provision of parking or errors in information provided relating to parking.

17. Miscellaneous: This Terms of Conveyance constitutes the entire understanding and

agreement between You and Us and supersedes any prior oral, or implied or other

agreements between You and Us. Any provision of the Terms of Conveyance which is

prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective

to the extent of such prohibition or unenforceability and the validity and enforceability

of the remaining terms and conditions of the Terms of Conveyance will not otherwise be

affected, nor will the validity and enforceability of such provision be affected in any other

jurisdiction. Any failure or delay in strictly enforcing any provision of this Terms of

Conveyance shall not be construed as a waiver of any of Our rights to enforce the terms

hereof.

18. Governing Law: The Terms of Conveyance is deemed issued in Seattle, Washington. The

Terms of Conveyance and its interpretation shall, to the maximum extent allowed under

the general maritime law of the United States, be governed by and construed in

accordance with the general maritime law of the United States; to the extent such

maritime law is not applicable, it shall be governed by and construed in accordance with

the laws of the State of Washington.

19. Choice of Forum/Venue: The parties expressly agree that any and all disputes, matters

claims and actions arising under or in connection with the Terms of Conveyance or the

Cruise shall be litigated in and before the United States District Court located in Seattle,

Washington, or as to those lawsuits as to which the Federal Courts of the United States

lack subject matter jurisdiction, in in a court of competent jurisdiction located in Seattle,

Washington, to the exclusion of all other courts, and the parties submit to the exclusive

personal jurisdiction of such courts and waive any objection to said forum, including any

objections based on forum non conveniens and/or venue.

20. License to Photograph, Video and Record: By accepting conveyance, You give Us license

to obtain and use, in any manner We deem commercially appropriate, any

photographic, video, audio or other visual or audio portrayals of You taken during or in

connection with the Cruise, for the purpose of trade, advertising, sales, publicity,

promotional, training or otherwise, without compensation to the You. You hereby agree

that all rights, title and interest therein (including all worldwide copyrights therein) shall

be Our sole property, free from any claims by You or any person deriving any rights or

interest from You.

ARGOSY, LP