IMPORTANT NOTICE TO PASSENGERS: TICKETS ARE ISSUED

WINDSTAR CRUISES PASSAGE CONTRACT

(Effective for all Cruises after July 1, 2024)

A. FUNDAMENTAL PROVISIONS

1. IMPORTANT DEFINITIONS; REFUNDS; THIRD-PARTY BENEFICIARIES:

(a) The words “you” and “Passenger” refer to all persons traveling under this Contract and persons in their

care including any minors, and their heirs, successors in interest and personal representatives. The

words “Windstar Cruises” and “we” refer to Windstar Cruises Marshall Islands, LLC, a Marshall Islands

limited liability company doing business as Windstar Cruises. “Ship” refers to the ship that will provide

the ocean transportation portion of the Cruise, or any substituted vessel. All of the Ships are registered

in the Bahamas and owned by Windstar Cruises Marshall Islands, LLC. Ship ownership and registry are

subject to change.

(b) “Contract” means this document and all its terms and conditions, and any provisions incorporated

herein by reference. For passengers who book cruises through a UK or EU travel advisor, a modified

version of this Contract will apply, referred to as the Conditions of Carriage, as provided by your travel

advisor.

Contract, and shall include periods during which you are embarking or disembarking the Ship at any

terminal owned or operated by us or are on shore while the Ship is in port. “Initial Departure” means

the time at which you first begin transit by any means of transport booked by us (including air

transportation) for the purpose of taking the Cruise. “Windstar Air Package” refers to air transportation

booked for you by us to enable you to travel to and from your Cruise. “Windstar Land Package” includes

any shore activity before or after the Cruise or ashore during the Cruise that is arranged for you by

Windstar Cruises in connection with your Cruise. “Cruise Package” means any combination of the

Cruise, Windstar Air Package and/or Windstar Land Package.

(d) “Refund Amount” refers to that portion of the Cruise Package fare or payment that has actually been

received by us. A portion of your fare may have been retained by or paid to your travel agent to

compensate the agent for their services. The Refund Amount does not include any portion of the fare

IMPORTANT NOTICE TO PASSENGERS: TICKETS ARE ISSUED SUBJECT TO THE TERMS AND

CONDITIONS IN THIS WINDSTAR CRUISES PASSAGE CONTRACT (“CONTRACT”). PLEASE READ

THIS ENTIRE CONTRACT CAREFULLY BEFORE ACCEPTING AND COMMENCING TRAVEL. THIS

CONTRACT GOVERNS ALL DEALINGS BETWEEN YOU AND US. YOUR ATTENTION IS ESPECIALLY

DIRECTED TO CLAUSES A1 through A9, A12, A13, C3, C4 and C5 BELOW, AND OTHER

PROVISIONS, WHICH CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHT TO ASSERT CLAIMS

AGAINST US AND CERTAIN THIRD PARTIES FOR YOUR DEATH, INJURY, ILLNESS OR DAMAGE TO

BAGGAGE OR PERSONAL PROPERTY, AND ALSO IMPOSES LIMITATIONS AFFECTING THE TIMING

OF FILING SUIT.

THIS CONTRACT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. THE TICKET AND

THIS CONTRACT TOGETHER CONTAIN ALL THE TERMS OF OUR AGREEMENT AND SUPERSEDE ALL

OTHER ORAL OR WRITTEN AGREEMENTS, COMMUNICATIONS OR REPRESENTATIONS.

THIS CONTRACT ALSO INCLUDES THE TERMS UNDER WHICH WINDSTAR CRUISES BOOKS AIR

TRANSPORTATION IF YOU ARE PURCHASING A “WINDSTAR AIR PACKAGE” (DEFINED BELOW).

retained by or paid to your agent. You are solely responsible for obtaining the refund of these retained

or paid amounts from your travel agent. Any refund to you will be made only in the currency received

by us and in the country in which the fare has been paid and subject to any foreign exchange regulations

in force in that country.

(e) Certain third parties derive rights and exemptions from liability as a result of this Contract. Specifically,

all of Windstar Cruises’ rights, exemptions from liability, defenses and immunities under this Contract

(including, but not limited to, those arising under Clauses A2, A3, A4, A5, A6, A7, A9, A12, A13, C3, C4.

and C5) or otherwise under any applicable law will also inure to the benefit of our employees and

agents, together with the Ship and the Ship’s tenders and equipment, our operators, managers, officers,

staff, crewmembers, and subcontractors. These third parties will have no liability to you, either in

contract or in tort, which is greater than or different from ours.

2. FUNDAMENTAL PASSENGER AND WINDSTAR CRUISES RESPONSIBILITIES; AIR AND LAND PACKAGE

SERVICES:

(a) The following requirements apply to you and everyone in your party. (a) Before you board the Ship or

embark on your Cruise Package, you must: (i) pay your full Cruise Package fare; (ii) familiarize yourself

with the terms of this Contract; (iii) allow us to take your temperature and test you for COVID-19, if

applicable, and (iv) provide us with, and allow us to make copies of, all necessary travel documents such

as passports, visas, proof of citizenship, re-entry permits, minor’s permissions, medical certificates

showing all vaccinations we may in our sole discretion require, including without limitation, a current

COVID-19 vaccination, and all other documents necessary for ports of call in the countries to which you

will travel. It is the Passenger’s sole responsibility to obtain and have available when necessary the

appropriate valid travel, vaccination, and other documents as may be required. All Passengers are

advised to check with their travel agent or the appropriate government authority to determine the

necessary documents. You will be refused boarding or disembarked without entitlement to a refund,

payment, compensation, or credit of any kind if you do not have all necessary and proper

documentation, and you will be subject to any fines or other costs incurred by Windstar Cruises that

result from incomplete or improper documentation or noncompliance with applicable regulations or

Windstar Cruises’ requirements with regard to documentation, testing, or otherwise. Windstar Cruises

shall not be liable for refund, payment, compensation or credit of any kind, or damages resulting from

your failure to comply with any of the requirements set forth above.

(b) In consideration of the receipt in full of the fare and subject to the terms and conditions of this Contract:

(i) Windstar Cruises agrees to transport you on the Ship in order to enable you to take the Cruise; and

(ii) as to Windstar Air Packages, Windstar Cruises agrees to book the air transportation required at the

commencement and conclusion of your Cruise. This Contract is valid only for the Cruise and for the

cabin specified in the ticket (or any other cabin assigned by us). The person accepting this Contract

represents that he/she is authorized by all persons on the same booking to accept and agree to be

bound by the terms and conditions of this Contract on their behalf. However, where deemed

necessary by Windstar Cruises or as may be required by applicable law, Windstar Cruises reserves

the right to obtain consent to certain data collection and other practices directly from each

individual on your booking. All arrangements made or recommended by us for or by you for any

kind of transportation (other than any vessel or conveyance owned or operated by us) before,

during or after the Cruise, as well as air arrangements, shore excursions (other than the limited

number of shore excursions operated by Windstar Cruises), tours, hotels, restaurants, attractions

and other similar activities or services, including all related conveyances, products or facilities, are

made by us solely for Passenger's convenience and are at Passenger's risk. The providers, owners

and operators of such services, conveyances, products and facilities are independent contractors

and are not acting as our subcontractors, agents or representatives. Even though we may collect a

fee for, or otherwise profit from, making such arrangements and offers for shore excursions, tours,

hotels, restaurants, attractions, elements of the Windstar Land Packages that are provided by

independent contractors and other similar activities or services taking place off the Ship for a profit,

we do not undertake to supervise or control such independent contractors or their employees, nor

do we maintain their conveyances or facilities, and make no representation or warranty, whether

express or implied, regarding their suitability or safety. Passenger acknowledges and agrees that

they are not an intended beneficiary of any contract or agreement between Windstar Cruises and

any such independent contractors. Such independent contractors may also choose to collect

information regarding your COVID- 19 vaccination status, may require evidence of a COVID-19 test,

or may take your temperature, in their sole discretion, and they may refuse to allow you to

participate in their activities unless you provide the documentation or other evidence they may

require. In no event shall Windstar Cruises be liable for any loss, delay, disappointment, damage,

injury, death or other harm whatsoever to Passenger that occurs on or off the Ship as a result of

any acts, omissions or negligence of any independent contractors or other third parties.

3. TIME LIMITS FOR NOTICING CLAIMS AND FILING AND SERVICE OF LAWSUITS; LOCATION OF LAWSUITS

AND ARBITRATION: ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION

WITH OR INCIDENT TO THIS CONTRACT OR THE CRUISE PACKAGE, INCLUDING WITHOUT LIMITATION

CLAIMS AGAINST THIRD PARTIES, ARE GOVERNED BY THE FOLLOWING TIME LIMITS FOR NOTICING

AND FILING CLAIMS AND THE FOLLOWING LOCATION REQUIREMENTS:

(a) TIME LIMITS. PASSENGER AGREES THAT S/HE MAY NOT MAINTAIN A LAWSUIT AGAINST

WINDSTAR CRUISES OR THE SHIP FOR LOSS OF LIFE OR PERSONAL INJURY OR ILLNESS,

INCLUDING EMOTIONAL DISTRESS, UNLESS WRITTEN NOTICE OF THE CLAIM WITH ALL

PARTICULARS IS DELIVERED TO WINDSTAR CRUISES, 8400 N.W. 36TH STREET, SUITE 520,

MIAMI, FLORIDA 33166, USA NOT LATER THAN SIX (6) MONTHS AFTER THE DAY OF DEATH,

ILLNESS OR INJURY. ADDITIONALLY, ANY LAWSUIT AGAINST US FOR LOSS OF LIFE, PERSONAL

INJURY OR ILLNESS, INCLUDING EMOTIONAL DISTRESS, MUST BE COMMENCED NOT LATER

THAN ONE (1) YEAR AFTER THE DATE OF DEATH, ILLNESS OR INJURY. FOR ALL OTHER CLAIMS,

WHETHER 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

CONTRACT OR YOUR CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, YOU MAY

NOT MAINTAIN ANY CLAIM AGAINST WINDSTAR CRUISES OR THE SHIP, NOR WILL WINDSTAR

CRUISES OR THE SHIP BE LIABLE THEREFOR, UNLESS WE ARE PROVIDED WITH WRITTEN

NOTICE OF CLAIM WITHIN NINETY (90) DAYS AFTER CONCLUSION OF THE CRUISE, THE

ARBITRATION OF SUCH CLAIM IS COMMENCED IN THE MANNER DESCRIBED IN CLAUSE A3(C)

BELOW NOT LATER THAN SIX (6) MONTHS AFTER CONCLUSION OF THE CRUISE, AND VALID

NOTICE OF ARBITRATION IS PROVIDED TO WINDSTAR CRUISES OR THE SHIP, AS APPLICABLE,

WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT SIX-MONTH PERIOD.

(b) LAWSUIT LOCATION (DEATH, PERSONAL INJURY OR ILLNESS). ALL DISPUTES AND MATTERS

WHATEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS CONTRACT, THE

CRUISE OR THE CRUISE PACKAGE INVOLVING CLAIMS FOR PERSONAL INJURY, ILLNESS OR

DEATH SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA IN MIAMI, FLORIDA OR, AS TO THOSE LAWSUITS AS TO

WHICH THE UNITED STATESDISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA LACKS

SUBJECT MATTER JURISDICTION, SUCH LAWSUITS SHALL BE LITIGATED BEFORE A COURT OF

COMPETENT JURISDICTION LOCATED IN MIAMI-DADE COUNTY, STATE OF FLORIDA, USA, TO

THE EXCLUSION OF ALL OTHER COURTS OF ANY OTHER CITY, COUNTY, STATE OR COUNTRY

WHERE SUIT MIGHT OTHERWISE HAVE BEEN BROUGHT.

CONTROVERSIES WHATSOEVER, EXCEPT FOR PERSONAL INJURY, ILLNESS OR DEATH OF A

PASSENGER, BETWEEN PASSENGER AND WINDSTAR, SHIP OR TRANSPORT, WHETHER BASED

ON LOSS OF OR DAMAGE TO BAGGAGE, BREACH OF CONTRACT, MISREPRESENTATION, TORT,

STATUTORY, CONSTITUTIONAL OR OTHER LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO

ALLEGED VIOLATION OF CIVIL RIGHTS, DISCRIMINATION, ACCESSIBILITY, CONSUMER OR

PRIVACY LAWS, OR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY

ARISING OUT OF OR CONNECTED WITH THIS CONTRACT OR THE CRUISE, OR ANY WINDSTAR

AIR PACKAGE OR WINDSTAR LAND PACKAGE, NO MATTER HOW DESCRIBED, PLEADED OR

STYLED, SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION

PURSUANT TO THE UNITED NATIONS CONVENTION ON THE RECOGNITION AND

ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958), 21 U.S.T. 2517 (THE

“CONVENTION”) AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) SOLELY

IN MIAMI, FLORIDA, USA, TO THE EXCLUSION OF ANY OTHER FORUM. THE ARBITRATION

SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS

COMMERCIAL DISPUTE RESOLUTION RULES AND PROCEDURES, WHICH ARE DEEMED TO BE

INCORPORATED HEREIN BY REFERENCE. ANY QUESTION ABOUT THE ARBITRATION

ADMINISTRATOR MENTIONED ABOVE MAY BE DIRECTED TO THEM AS FOLLOWS: AMERICAN

ARBITRATION ASSOCIATION, 1111 BRICKELL AVENUE, SUITE 1950, MIAMI, FLORIDA 33131,

(305) 358-7777. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL NOR 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 PASSENGER OR WINDSTAR

CRUISES WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. AN AWARD

RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION

UNDER THE CONVENTION OR FAA. PASSENGER AND WINDSTAR CRUISES FURTHER AGREE TO

PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF THE PASSENGER ASSERTING THE

CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. IN THE

EVENT THIS PROVISION IS DEEMED UNENFORCEABLE BY AN ARBITRATOR OR COURT OF

COMPETENT JURISDICTION FOR ANY REASON, THEN AND ONLY THEN THE PROVISIONS OF

CLAUSE A3(B) ABOVE GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO

ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS CLAUSE A3(C).

(d) IN REM. IN THE EVENT OF AN IN REM PROCEEDING AGAINST THE SHIP, PASSENGER HEREBY

IRREVOCABLY AGREES THAT THE POSTING OF A LETTER OF UNDERTAKING FROM ANY OF

WINDSTAR CRUISES’ INSURERS SHALL CONSTITUTE AN ADEQUATE AND APPROPRIATE FORM

OF SECURITY FOR THE IMMEDIATE RELEASE OF THE SHIP IN LIEU OF ARREST.

(e) SPECIAL TIME LIMITS FOR MINORS, WRONGFUL DEATH, ETC. IN THE CASE OF A CLAIM BY OR

ON BEHALF OF A MINOR OR LEGALLY INCOMPETENT PERSON, OR IN THE CASE OF A

WRONGFUL DEATH CLAIM, 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, ORTHE DECEDENT’S ESTATE (AS THE CASE MAY BE); OR

(II) THREE (3) YEARS AFTER THE DAY OF DEATH OR INJURY, AS APPLICABLE.

(f) CLASS ACTION RELIEF WAIVER. PASSENGER HEREBY AGREES THAT EXCEPT AS PROVIDED IN

THE LAST SENTENCE OF THIS CLAUSE A3(F) BELOW, PASSENGER MAY BRING CLAIMS AGAINST

WINDSTAR CRUISES ONLY IN PASSENGER'S INDIVIDUAL CAPACITY. EVEN IF THE APPLICABLE

LAW PROVIDES OTHERWISE, PASSENGER AGREES THAT ANY ARBITRATION OR LAWSUIT

AGAINST WINDSTAR CRUISES, A SHIP OR TRANSPORT WHATSOEVER SHALL BE LITIGATED BY

PASSENGER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS

OR REPRESENTATIVE ACTION, AND PASSENGER EXPRESSLY AGREES TO WAIVE ANY LAW

ENTITLING PASSENGER TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO

ARBITRATION AS PROVIDED IN CLAUSE A3(C) ABOVE, THE ARBITRATOR SHALL HAVE NO

AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS

PROVISION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE

ARBITRATION PROVISIONS SET FORTH IN CLAUSE A3(C) 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.

4. LIMITATIONS ON LIABILITY; NON-WINDSTAR CRUISES SERVICES:

(a) CAUSES BEYOND WINDSTAR CRUISES’ CONTROL. WINDSTAR CRUISES SHALL NOT BE LIABLE FOR

INJURY, ILLNESS (INCLUDING BUT NOT LIMITED TO COVID-19 OR ANY OTHER COMMUNICABLE

ILLNESS OR DISEASE), DEATH, DAMAGE, DELAY OR OTHER LOSS TO PERSON OR PROPERTY OR

ANY OTHER CLAIM BY PASSENGER CAUSED BY ACTS OF GOD, FORCE MAJEURE, EPIDEMIC,

PANDEMIC, WAR, ACTS OR THREATENED ACTS OF TERRORISM, CIVIL COMMOTION, LABOR

UNREST, STRIKE, ACTS OR INTERFERENCE OF GOVERNMENT AUTHORITIES OR PERSONS

PURPORTING TO ACT WITH SUCH AUTHORITY, PERILS OF THE SEA, FIRE, WEATHER, ICE, THEFT,

SUPERVENING CRIMINAL ACTS OF OTHER PERSONS (INCLUDING INVITEES OR OTHER

PASSENGERS) OR OTHER CAUSES BEYOND WINDSTAR CRUISES’ REASONABLE CONTROL, OR ANY

ACT NOT SHOWN TO BE PROXIMATELY CAUSED BY WINDSTAR CRUISES’ NEGLIGENCE OR WILLFUL

MISCONDUCT.

(b) EMOTIONAL DISTRESS, ETC.; CONSEQUENTIAL DAMAGES. WINDSTAR CRUISES SHALL NOT BE

LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR INFLICTION OF EMOTIONAL DISTRESS, MENTAL

SUFFERING OR PSYCHOLOGICAL INJURY THAT WAS NOT: (I) THE RESULT OF PHYSICAL INJURY TO

YOU CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT,

MASTER, WINDSTAR CRUISES OR OPERATOR OF THE SHIP; (II) THE RESULT OF YOU HAVING BEEN

AT ACTUAL RISK OF PHYSICAL INJURY CAUSED BY THE NEGLIGENCE OR FAULT OF A

CREWMEMBER OR THE MANAGER, AGENT, MASTER, WINDSTAR CRUISES OR OPERATOR OF THE

SHIP; OR (III) INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT,

MASTER, WINDSTAR CRUISES OR OPERATOR OF THE SHIP. IN NO EVENT WILL WE BE LIABLE TO

YOU FOR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUES OR BUSINESS EXPECTANCIES,

OR INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.

DISEMBARK NOR CALL AT ANY UNITED STATES PORT AND ON WHICH THE PASSENGER

COMMENCES THE CRUISE BY EMBARKATION OR DISEMBARKS AT THE END OF THE CRUISE IN A

PORT OF A EUROPEAN UNION MEMBER STATE, OR IN ANY OTHER INSTANCE IN WHICH

APPLICABLE NATIONAL LAW APPLIES THE CONVENTION RELATING TO THE CARRIAGE OF

PASSENGERS AND THEIR LUGGAGE BY SEA AND/OR ANY OF ITS PROTOCOLS (“ATHENS

CONVENTION”), WINDSTAR CRUISES SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS

AND IMMUNITIES FOR LOSS OF OR DAMAGE TO LUGGAGE, DEATH AND/OR PERSONAL INJURY

AS PROVIDED UNDER EUROPEAN UNION REGULATION 392/2009, OR OTHER LAWIMPLEMENTING

THE ATHENS CONVENTION, AS APPLICABLE, ON THE LIABILITY OF CARRIERS TO PASSENGERS 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 (AS DEFINED BY THE REGULATION),

WINDSTAR CRUISES’ LIABILITY PER PASSENGER IS LIMITED TO NO MORE THAN 400,000 SPECIAL

DRAWING RIGHTS (“SDR”) (APPROXIMATELY US$300,000 AS OF APRIL 28, 2022, AND WHICH

FLUCTUATES DEPENDING UPON THE DAILY CURRENCY EXCHANGE RATE AS PUBLISHED BY THE

WALL STREET JOURNAL) IF THE PASSENGER PROVES THAT THE INCIDENT WAS A RESULT OF

WINDSTAR CRUISES’ FAULT OR NEGLECT. IF THE LOSS OR DAMAGE WAS CAUSED BY A SHIPPING

INCIDENT, WINDSTAR CRUISES’ LIABILITY PER PASSENGER IS LIMITED TO NO MORE THAN 250,000

SDRS (APPROXIMATELY US$186,000 AS OF APRIL 28, 2022, AND WHICH FLUCTUATES DEPENDING

UPON THE DAILY CURRENCY EXCHANGE RATE AS PUBLISHED IN THE WALL STREET JOURNAL).

COMPENSATION FOR LOSS CAUSED BY A SHIPPING INCIDENT CAN INCREASE TO A MAXIMUM OF

400,000 SDRS PER PASSENGER UNLESS WINDSTAR CRUISES PROVES THAT THE SHIPPING

INCIDENT OCCURRED WITHOUT ITS FAULT OR NEGLECT. SHIPPING INCIDENTS DO NOT INCLUDE

ACTS OF WAR, HOSTILITIES, CIVIL WAR, INSURRECTION, NATURAL DISASTERS, OR INTENTIONAL

ACTS OR OMISSIONS OF THIRD PARTIES. IN CASES WHERE THE LOSS OR DAMAGE WAS CAUSED

BY OR IN CONNECTION WITH WAR OR TERRORISM, WINDSTAR CRUISES’ LIABILITY FOR ANY

PERSONAL INJURY OR DEATH (WHETHER OCCURRING DURING A SHIPPING INCIDENT OR A NON-

SHIPPING INCIDENT) IS LIMITED TO THE LOWER OF 250,000 SDRS PER PASSENGER OR 340

MILLION SDRS PER SHIP PER INCIDENT. PUNITIVE DAMAGES ARE NOT RECOVERABLE FOR CRUISES

COVERED BY EU REGULATIONS 392/2009 OR THE ATHENS CONVENTION. PLEASE SEE HTTP://EUR-

LEX.EUROPA.EU/LEGAL-CONTENT/EN/ALL/?URI=CELEX%3A32009R0392 FOR A COPY OF THE EU

REGULATIONS. IN ADDITION, PASSENGERS EMBARKING ON A CRUISE IN A EUROPEAN MEMBER

STATE ARE AFFORDED RIGHTS UNDER EU REGULATION 1177/2010. VISIT WWW.IMO.ORG FOR

ADDITIONAL INFORMATION ON THE ATHENS CONVENTION AND VISIT

HTTP://WWW.IMF.ORG/EXTERNAL/NP/FIN/DATA/RMS_SDRV.ASPX FOR ADDITIONAL

INFORMATION ON THE VALUE OF SDRS AND EXCHANGE RATES FOR SDRS AND US DOLLARS AND

OTHER CURRENCIES.

(d) USA LIMITS AND LAWS. IN ADDITION TO ALL THE RESTRICTIONS AND EXEMPTIONS FROM

LIABILITY PROVIDED IN THIS CONTRACT, ON ALL CRUISES WINDSTAR CRUISES SHALL ALSO HAVE

THE BENEFIT OF ALL STATUTES OF THE UNITED STATES OF AMERICA PROVIDING FOR LIMITATION

AND EXONERATION FROM LIABILITY AND THE PROCEDURES PROVIDED THEREBY, INCLUDING

BUT NOT LIMITED TITLE 46 OF THE UNITED STATES CODE SECTIONS 30501 THROUGH 30509, AND

30511. EXCEPT AS OTHERWISE SET FORTH, THIS CONTRACT SHALL BE GOVERNED BY AND

CONSTRUED IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF THE UNITED STATES,

WITHOUT REGARD TO ITS CHOICE OF LAW PRINCIPLES; 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 FLORIDA (USA), EXCEPT AS PROVIDED IN CLAUSES A12 AND A13. NOTHING IN

THIS CONTRACT IS INTENDED TO NOR SHALL IT OPERATE TO LIMIT OR DEPRIVE WINDSTAR

CRUISES OF ANY SUCH STATUTORY LIMITATION OF OR EXONERATION FROM LIABILITY UNDER

ANY APPLICABLE LAWS. YOU AGREE THIS CHOICE OF LAW PROVISION REPLACES, SUPERSEDES

AND PREEMPTS ANY PROVISION OF LAW OF ANY STATE OR NATION TO THE CONTRARY.

(e) CONTRIBUTORY AND COMPARATIVE NEGLIGENCE. Under all circumstances, and on any Cruise

regardless of location of Passengers’ embarkation or disembarkation, or applicability of any laws,

any damages payable by Windstar Cruises shall be reduced in proportion to any contributory or

comparative negligence by the Passenger.

(f) INDEPENDENT CONTRACTORS; OFF-DUTY EMPLOYEES. We do not undertake to supervise, nor

assume any liability in respect of the acts or omissions of the Ship’s barbers, beauticians, casino,

masseurs, masseuses or photographers, all of whom are either independent contractors or are

employed by independent contractors, and work directly for the Passenger when performing their

services. Windstar Cruises shall not be responsible for acts or omissions of Windstar Cruises

personnel while off duty or outside the scope of their employment, or for Passenger illness, stress

or injury occurring while using the Ship’s athletic and recreational equipment.

(g) NON-WINDSTAR CRUISES SERVICES. As to your Cruise, certain transportation will be provided using

equipment owned or operated by Windstar Cruises. All other transportation, shore excursions,

accommodations and services in the air and on shore, including transport on Windstar Land

Packages (referred to as “Non- Windstar Cruises Services”) are performed by independent

contractors or other third parties, and not by Windstar Cruises, with the exception of a limited

number of shore excursions provided by Windstar Cruises. By way of example only, Non-Windstar

Cruises Services include goods and services provided by shore side physicians, air ambulance,

hotels, restaurants, airlines (including the airline(s) used in any Windstar Air Package), railroads,

tour operators (other than Windstar Cruises), helicopter operators, amusement park operators, day

boat operators, taxis, car services and motor coach operators. As a result, you are assuming the

entire risk of utilizing Non-Windstar Cruises Services subject only to whatever terms or

arrangements are made by you or on your behalf with the third party furnishing the Non-Windstar

Cruises Service. Money received in respect of Non-Windstar Cruises Services by Windstar Cruises is

received only as an independent contractor, to be paid to the third party (less retained commission,

if any). Windstar Cruises will not be liable for the refund of this money to you except to the extent

retained and not owed by us to a third party providing Non-Windstar Cruises Services. Windstar

Cruises accepts no liability for any loss, delay, damage, injury, death, or misrepresentation arising

from any excursion, service or transportation or any loss, delay or disappointment for any

cancellation of any excursion, service or transportation including but not limited to air flight

cancellation(s), errors in seat reservation, upgrade, overbooking or ticketing. We make no warranty,

either express or implied, regarding the suitability, safety, insurance or other aspects of any such

independent contractors, transportation, tours, services, products or facilities. Any liability for such

services will be governed by this Contract and the contracts and/or tariffs between Passenger and

such service companies.

(h) MEDICAL CARE. (i) Availability of Medical Care. Due to the nature of travel by sea and the ports

visited, the availability of medical care onboard the Ship and in ports of call may be limited or

delayed and medical evacuation may not be possible from the Ship while at sea or from every

location to which the Ship sails. (ii) Relationship with Service Providers. To the extent Passengers

retain the services of medical personnel, whether on or off the Ship, Passengers do so at their sole

risk. Any medical personnel attending to a Passenger on or off the Ship, whether or not arranged,

recommended, employed or compensated in whole or part by Windstar Cruises, or any affiliate of

Windstar Cruises, are independent professional services providers made available or recommended

solely for the convenience of the Passenger, work directly for and at the instructions and with

informed consent of the Passenger, and shall not be deemed to be acting under the control or

supervision of the Windstar Cruises with respect to professional activities, as Windstar Cruises is

not a medical provider. Windstar Cruises does not supervise, control or otherwise direct any

medical care that is provided to the Passenger by medical personnel and assumes no liability

whatsoever for any treatment, procedure, or recommended actions, failure to treat, diagnosis,

misdiagnosis, unavailability of equipment, remedies or medications, actual or alleged malpractice,

advice, examination or other services provided by such persons or entities. (iii) Payment for Medical

or Personal Care Services. Passenger shall pay for all medical care or other personal services

requested or required, whether onboard or ashore, including the cost of any emergency medical

care, evacuation or transportation incurred by Windstar Cruises. If Passenger is unable to pay and

the Windstar Cruises pays for such expenses, then Passenger shall reimburse Windstar Cruises for

those expenses.

(i) SHIP ATHLETIC AND RECREATIONAL EQUIPMENT; THIRD PARTIES. You assume all risks for injury,

death or loss as a consequence of your use of the Ship’s athletic or recreational equipment or as a

consequence of criminal conduct or negligence by any third party.

(j) ANCHORAGE; PILOTS, TUGS. During your Cruise, we are transporting you and your property only

between ports of call. At ports where the Ship is unable to dock, we will arrange for appropriate

transportation from the place where the Ship is at anchor to the dock. The Ship may proceed with

or without pilots or tugs at any location in the Master’s discretion.

5. CHANGE IN ITINERARY; CANCELLATION:

(a) CHANGE IN ITINERARY. Although we will use commercially reasonable efforts to provide you with

the Cruise, situations may occur which result in changes being made. By way of example only, we

may adjust itineraries and schedules, delay departures or arrivals, or cancel a Cruise due to casualty,

weather, port congestion, difficulty docking, labor problems, medical emergency, the need to

render assistance to others, governmental or insurer directives, passenger or employee injury or

illness, schedule delays or changes by third parties, conflicting charter schedules, repair and

maintenance requirements, safety concerns, fuel or other shortages, or damage to the Ship, other

means of transportation, roads, tracks, bridges, docks, equipment or machinery. Furthermore, the

Master of the Ship may, in his/her sole discretion, elect not to proceed in the ordinary course.

Consequently, we cannot guarantee the itinerary of the Cruise (including time of sailing from or

arrival at any port or that all ports will, in fact, be called at). We reserve the right to provide you

with alternative ships or transportation whenever the Cruise is unable to proceed or be completed

in the ordinary course or, in the case of hotels, to substitute facilities in cases where the planned

hotel is unavailable due to overbooking or otherwise.

(b) CRUISE CANCELLATION. If the Cruise is cancelled for any reason, we may disembark you at any port,

and arrange transport (at our expense, but at your risk) for you and your property to or toward a

port or location from which you may return home. The means of conveyance may or may not belong

to us and may or may not proceed directly to the desired destination. If a Cruise is cancelled before

commencement, you will be entitled, as your exclusive remedy, to receive the applicable Refund

Amount less a reasonable allowance for transportation and services already provided to you. Please

refer to Windstar’s refund policy available here.

passengers from permanently disembarking at a port other than the port of final destination. If you

do permanently disembark before reaching the final destination, even if due to personal emergency

or illness, a fine or penalty may be imposed by the country in which you disembark. In consideration

of the fare paid, you hereby agree to pay any such fine or penalty imposed on the Windstar Cruises

or Ship because of your failure to complete the entire Cruise.

(d) CANCELLATION POLICY. Each Cruise booking cancelled by Passenger before 120 days prior to initial

departure will be subject to a US$50 per person cancellation fee. A full refund (except for the

amounts paid for air transportation, Cancellation Protection Plan and the US$50 per person fee)

will be made for written cancellations received by Windstar Cruises at least 121 days prior to the

date on which you are to commence travel by any mode of transportation booked through Windstar

Cruises (air, sea, or land). Passengers who cancel after that date for any reason, including medical

or family reasons (including without limitation COVID-19), are subject to the following cancellation

fee schedule:

• 120-90 days before commencing travel – 15% of gross fare (deposit);

• 89-60 days before commencing travel – 35% of gross fare;

• 59-30 days before commencing travel – 50% of gross fare;

• 29-0 days before commencing travel – 100% of gross fare.

You hereby agree that Windstar Cruises shall only be responsible for refunding amounts actually

received. You hereby agree that losses sustained by us in the event of your cancellation would be

very difficult or impossible to quantify, and that the fees set forth above represent a fair and

reasonable assessment as liquidated damages. If we received payment via credit card, any refund

will be made to that credit card. If we received payment from your travel agent, any refund will

be provided back to that travel agent. Travel agencies may impose their own cancellation fees.

Agency fees of any nature are a matter to be decided solely by the agency and their customers.

Windstar Cruises tickets and passage contracts are non- transferable. Name changes and

departure date changes are considered reservation cancellations/re- bookings, are subject to

cancellation fees, require the prior approval of Windstar Cruises, and may not always be possible.

Windstar Cruises cruise and accommodations cancellation policies do not apply to airline

reservations. Airline reservations changes require the prior approval of airlines and may result in

change fees or may not be possible.

Passengers must cancel shore excursions before the cancellation deadline for each excursion;

otherwise, a 100% cancellation fee will apply.

Passengers who purchased the Travel Protection Plan must submit a claim through the insurer to

receive refund or credit of cancellation fees as determined by the insurer.

Cancellation by the Passenger after the Cruise, Windstar Air Package or Windstar Land Package

has begun, or early disembarkation of the Passenger for any reason, including pursuant to any

provision of this Contract, shall be without refund, compensation, or liability on the part of the

Windstar Cruises whatsoever, except that a refund for a shore excursion may be available if the

cancellation is made before the applicable cancellation deadline.

6. AUTHORITY TO DETAIN OR REMOVE PASSENGERS AND CONDUCT SEARCHES: We may reasonably

determine that for your safety, the safety of the Ship or the safety or comfort of other passengers or

our employees, you can be denied transportation either before or during the Cruise. By way of

example, these would include situations where: a) you are or become in such condition as to be unfit

to travel or dangerous or obnoxious to other passengers or employees; or b) you are inadmissible

under the immigration or other laws of any country included in the Cruise itinerary or fail at any time

to possess required travel documents; or c) you fail to abide by applicable laws or the rules or orders

of the Master or other Ship officers, or fail to comply with any policies regarding guests and on board

activities. (See: https://www.windstarcruises.com/voyage-plan/general-information;

https://www.windstarcruises.com/health-safety/). If transportation is denied after departure, you and

your baggage may be landed or transported to any port or location that we select, without any

resulting liability on our part. Soliciting other passengers or carrying on commercial activity on board

is prohibited. Windstar Cruises has a zero-tolerance policy with respect to illegal, dangerous or

offensive actions, and may report same to authorities. In the interests of safety and security,

Passengers and their baggage are subject to inspection or monitoring electronically with or without

the Passenger's consent or knowledge.

Smoking is not permitted in any of the staterooms, suites, or public spaces, including all restaurants

and corridors. Smoking is permitted on the outside decks in designated smoking areas only. The

Master and crew may in their discretion search Passenger quarters and baggage for dangerous or

prohibited items and may detain persons or articles posing a threat to themselves, other persons,

property or the Ship. If Windstar Cruises exercises its rights under this Clause A6, Passenger shall have

no claim against Windstar Cruises whatsoever and Windstar Cruises shall have no liability for refund,

compensation loss or damages of Passenger, including but not limited to any expenses incurred by

Passenger for accommodations or repatriation.

7. PROHIBITED ITEMS; DRUG & ALCOHOL RESTRICTIONS; BAGGAGE:

(a) The following are strictly prohibited on the Ship and during all aspects of the Cruise Package: radioactive

materials, recreational and medicinal marijuana and other controlled substances under USA law (see

United States DEA Drug Schedules at www.dea.gov/drug-information or under any foreign jurisdiction

the Ship enters (except lawfully obtained and transported prescription drugs other than marijuana),

firearms, ammunition, weapons, fireworks, aerial drones, illicit or hazardous materials, hand irons,

water heaters, and candles. Passengers are allowed to bring aboard two (2) bottles of wine or

champagne (750ml) per cabin for their enjoyment onboard for a 7-day Cruise or three (3) bottles for an

8-day (or longer) Cruise. Passengers may consume these permitted outside beverages in public areas

on the Ship, but a small corkage fee (approximately US$15 + 15% gratuity) will be applied to the

Passenger’s onboard account. All additional alcohol brought onboard the Ship by the Passenger

(meaning wine, beer and/or hard alcohol) including alcohol purchased at ports of call along the Cruise

route, will be kept by the Ship’s purser and delivered to the Passenger’s cabin the last evening of the

Cruise. We will carry as baggage only your personal effects consisting of wearing apparel, toilet articles

and similar items for your wearing, comfort or convenience during the Cruise and not belonging to or

intended for use by any other person or for sale. For loading and unloading the Ship and other means

of transportation, all baggage must be tendered for carriage in securely constructed and locked

suitcases or trunks. All baggage must be able to be safely stowed in your cabin on the Ship. The only

animals permitted to accompany you are service dogs trained to do work or perform tasks for

passengers with disabilities; you are responsible for complying with governmental health,

documentation and other requirements as to recognized service dogs.

(b) Windstar Cruises is not liable for any loss or damage to baggage or property unless caused by our

negligence or misconduct. In addition we are not liable for: 1) any loss, damage or delay before baggage

comes into our actual custody at the commencement of your Cruise or after baggage leaves our actual

custody at the conclusion of your Cruise; 2) any loss, damage or delay while baggage is not in our

custody which includes any period during which baggage is in the custody of airlines (including airlines

booked as part of a Windstar Air Package); or 3) damage due to wear, tear or normal usage. For security

and legal reasons, baggage is subject to search, and illegal or potentially unsafe property is subject to

seizure, both before and during the Cruise.

trade goods, household goods or furniture, perishable items, medicine, liquor, cash, credit or debit

cards, jewelry, gems, gold, silver, precious metals, art, collectibles or similar valuables, securities,

financial instruments, records or other valuable or business documents, computers, cellular telephones,

cameras, hearing aids, electric wheelchairs, scooters, or other video or electronic equipment,

binoculars, film, videotape, computer disks, audio disks, tapes, DVDs or CDs, or other articles specified

in 46 U.S. Code Section 30503. These items should not be left unattended about the Ship or your cabin,

nor should they be left unattended on other vessels, railcars, taxis or other vehicles or in hotels, nor

placed in luggage other than a bag that you carry with you. In addition, we do not assume any liability

for any loss of or damage to carry-on baggage on the Ship or on the other means of transportation or

in hotels. The Ship and certain hotels may be equipped with cabin or room safes or safe-deposit boxes

in the Ship’s or hotel’s Front Office; using these facilities will not, however, increase our liability as

provided in this Contract.

(d) The fare has been established on the basis of our assumption that the total value of your property that

you are taking with you on the Cruise (exclusive of the items mentioned in Clause A7(c) above) will not

exceed US$100 or US$600 if you purchase from us the Travel Cancellation Protection Plan and

Additional Baggage Protection. Accordingly, if Windstar Cruises, due to any cause whatsoever, is liable

for loss or damage to, or delay of, your property, the amount of our aggregate liability will not exceed

US$100/$600 (as is applicable) unless you have specified to Windstar Cruises the true value of your

property and paid before commencement of the Cruise, at the Ship’s Front Office or directly to us, 1%

of the value in excess of US$100/$600. In that event, our aggregate liability will be limited to the amount

so specified. Whether or not a value in excess of US$100/$600 has been specified, the limit on liability

will be proportionately reduced in any case where less than all of your property is lost, damaged or

delayed. Without increasing the above limits: 1) our aggregate liability will never exceed, and all

settlements will be made on the basis of, original cost less depreciation; 2) damaged items will be

settled on the basis of repair costs but in no event shall such costs exceed our aggregate liability; and

3) lost, damaged or delayed baggage must be reported to a Windstar Cruises representative within 48

hours after discovery and written claim to us must be made within ninety (90) days after conclusion of

the Cruise as provided in Clause A3 above. In no event shall we be liable for normal wear and tear of

your baggage.

8. PASSENGER LIABILITIES IN CERTAIN CASES: You will be required to reimburse Windstar Cruises for all

expenses, fines, penalties, or loses we incur arising out of, relating to, or in connection with (1) the need

to provide you with medical services, including any required medical evacuation, (2)any

misrepresentation made by you that results in any direct or indirect financial or other harm or damages

to Windstar Cruises, (3) your detention, denial of boarding, confinement, or disembarkation by any

immigration, health or port authorities, (4) any fines or penalties imposed on Windstar Cruises by any

government, governmental agency or official, port or port official, (5) your negligent or intentional act

or omission or your failure to observe or comply with local requirements concerning immigration,

border patrol, customs and excise, agriculture, health, environment, or any other government

regulation whatsoever, including your failure to board the Ship prior to the scheduled departure time

at any port, (6) your actions concerning illegal dumping or pollution of any kind, including discharging

any item into the ocean and/or waterways, (7) any damage to the Ship, including its furnishing, cabins,

operations or equipment, or any property of Windstar Cruises caused directly or indirectly, in whole or

in part, by you, any one traveling with you, including but not limited to the discharge and release of any

unauthorized item overboard. You or your estate shall defend and indemnify Windstar Cruises,

including its servants and agents, against all liability which Windstar Cruises or the Ship or such servants

or agents may incur towards any person, company or government for any damage to property, personal

injury or death caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent

act or omission by you or passengers traveling with you. Windstar Cruises will have a lien for such

expenses on your property that you have taken with you on your Cruise, including but not limited to

your baggage, valuables, money and other property whatsoever accompanying you, and Windstar

Cruises shall have the right to sell same by public auction or otherwise for all sums whatsoever due from

you under this Contract and for the costs and expenses of enforcing such lien and sale . If your flights

are adversely impacted or you are otherwise required to spend an additional night in any location due

to weather or other unforeseen causes, you agree and understand that all hotel and meal costs are your

sole responsibility.

9. TRAVEL AGENTS: Any travel agent you use in connection with your Cruise acts solely for you and is

deemed your agent. Windstar Cruises is not responsible for any representations made by or for the

financial condition or integrity of any such travel agent. In the event that an agent fails to remit to

Windstar Cruises any monies paid by you to the agent, you remain liable for the fare due us, regardless

of whether we demand payment before or after Initial Departure. Any refund made by Windstar Cruises

to an agent on your behalf is considered, for purposes of this Contract, as being the same as payment

to you whether or not the monies are delivered by the agent to you. Acceptance or receipt of any

documents or information by your travel agent, including but not limited to this Contract, shall be

deemed to constitute acceptance or receipt by you.

10. PUBLIC HEALTH, COVID-19 PRACTICES AND PROCEDURES, UNDERSTANDING AND KNOWING

ACCEPTANCE OF RISKS OF TRAVEL

(a) COVID-19 and Other Communicable Disease Policies and Procedures. Passenger understands that

Windstar Cruises’ COVID-19 and other communicable disease policies and procedures may or will

include (but are not be limited to): (1) providing an accurate, truthful and complete health questionnaire

in a form and containing any and all health or travel-related questions as required by Windstar Cruises

in its sole discretion, for each Passenger prior to boarding; (2) pre-embarkation and/or periodic testing

and temperature checks of each Passenger followed by a period of isolation until test results are

available; (3) modified capacity rules for activities, which may limit or eliminate the ability of Passenger

to participate in particular activities; (4) mandatory use by each Passenger of face coverings in most

locations outside of the Passenger’s cabin while onboard, during embarkation, disembarkation and

shore excursions; (5) mandatory social distancing of Passengers at any/all times while onboard and

during embarkation, disembarkation, and shore excursions; (6) additional restrictions during shore

excursions depending on local conditions, including but not limited to denial of disembarkation at

destinations unless participating in only Windstar Cruises-approved shore excursions; (7) mandatory

hand sanitizing by Passenger upon entry or exit of any public areas; (8) confinement of Passengers to

cabins, quarantine or emergency disembarkation of Passenger if, in Windstar Cruises’ sole discretion,

such steps are necessary to prevent or slow the spread of COVID-19 or any other communicable disease;

(9) the required completion by Passenger in a timely manner of any written authorizations or consent

forms required for Windstar Cruises to carry out its COVID-19 and other communicable disease policies

and procedures (including but not limited to medical information, medical privacy, or personal data

privacy consent forms), and; (10) other policies and procedures deemed by Windstar Cruises in its sole

discretion to be necessary to reduce the risk of spread of COVID-19 and other communicable diseases.

(b) Compliance with COVID-19 Policies and Procedures is Required. Notwithstanding any other provision

contained herein or in Windstar Cruises’ refund policies and procedures, any noncompliance by

Passenger or members of Passenger’s travelling party with Windstar Cruises’ COVID-19 and other

communicable disease policies and procedures or this Contract shall be grounds for refusal to board,

refusal to re-board after going ashore, quarantine onboard the Vessel, disembarkation, reporting to

governmental or health authorities, or other steps deemed necessary in Windstar Cruises’ sole

discretion under the circumstances to protect the health and well-being of others. Under these

circumstances, Passenger shall not be entitled to a refund or compensation of any kind. Passenger will

be responsible for all related costs and fines, including without limitation travel expenses and for proper

travel documentation for any port, or for departure from or arrival to Passenger’s country of residence.

Under no circumstances shall Windstar Cruises have any other liability for any compensation or other

damages or expenses whatsoever incurred by any Passenger as a result of such denial of boarding,

refusal to re-board, quarantine, disembarkation, or other steps taken by Windstar Cruises.

embarkation screening for COVID-19 and other communicable illness. Passengers should refer to

Windstar Cruises’ website for standards and updates on pre-embarkation screening protocols. If

Windstar Cruises determines in its sole discretion that Passenger is unfit to board because of COVID-19

or any communicable illness, Windstar Cruises may deny boarding to such Passenger.

(d) Passenger Testing Positive for COVID-19 During Cruise. Passenger understands and agrees that if, after

boarding, and even if Passenger has fully complied with all COVID-19 policies and procedures, Passenger

tests positive for COVID-19 or exhibits signs or symptoms of COVID-19, Windstar Cruises may

disembark, refuse re-boarding, or quarantine Passenger as well as members of Passenger’s travelling

party, or take other steps which Windstar Cruises determines, in its sole discretion, are necessary under

the circumstances to protect the health and well-being of others. Under no circumstances shall

Windstar Cruises be liable to any such Passenger for any costs, damages or expenses whatsoever

incurred by any Passenger.

11. FITNESS TO TRAVEL; SPECIAL MEDICAL CARE

(a) Consultation with Personal Physician. Passengers are encouraged to discuss the advisability of travel

with their personal physicians and to review the U.S. Centers for Disease Control and Prevention

(“CDC”) website for updated information. The CDC has identified elderly persons and persons with

certain chronic medical conditions as being at increased risk of life-threatening complications from

being infected with COVID-19. PASSENGER ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT

DURING TRAVEL TO AND FROM THE SHIP, WHILE ABOARD THE SHIP, OR DURING ACTIVITIES ASHORE,

PASSENGER OR OTHER PASSENGERS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT

NOT LIMITED TO COVID-19 AND ITS VARIANTS, INFLUENZA, COLDS, NOROVIRUS, AND POTENTIALLY

DISEASES NOT YET KNOWN. PASSENGER FURTHER UNDERSTANDS AND ACCEPTS THAT THE RISK OF

EXPOSURE TO COMMUNICABLE ILLNESSES AND OTHER DISEASES IS INHERENT IN MOST ACTIVITIES

WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES INCLUDE PERSON TO PERSON CONTACT, IS

BEYOND WINDSTAR CRUISES’ CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES.

PASSENGER KNOWINGLY AND VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS TICKET CONTRACT,

INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL

RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.

(b) Availability of Medical Care, including Medical Evacuation, and Passenger’s Warranty of Fitness to

Travel. Passenger acknowledges that due to the nature of travel by sea and the ports visited, the

availability of medical care onboard the Ship and in ports of call may be limited or delayed and medical

evacuation may not be possible from the Ship while at sea or from every location to which the Ship

sails. Passenger further understands that there may be circumstances beyond Windstar Cruises’ control,

which may prevent or delay a medical evacuation or disembarkation. In addition to the specific

representations required of Passenger regarding COVID-19 vaccinations, Passenger warrants that the

Passenger, and those for whom the Passenger is responsible, are fit to travel at the time of embarkation.

or independent contractors on or off the Ship, Passengers do so at their sole risk.

(d) Representation of Fitness to Travel. In addition to the specific representations required of Guest

regarding COVID-19 vaccinations, Passenger warrants that the Passenger, and those for whom the

Passenger is responsible, are fit to travel at the time of embarkation.

(e) Pregnancy. Passenger agrees not to present herself for boarding under any circumstances if, by the

time the Passenger commence her travel with Windstar Cruises, she will have entered the 24th week

of pregnancy.

(f) Special Needs. Any Passenger with special medical, physical, or other needs requiring medical attention

or special accommodation during the Cruise is requested to notify Windstar Cruises at the time of

booking of such special need so that Windstar Cruises’ Access Desk has sufficient time to determine

whether the accommodation or special request or need can be met on the Ship and, if so, to allow

sufficient time to arrange Passenger’s accommodation, special attention or need. Passenger

acknowledges that if Windstar Cruises is not notified of Passenger’s request for an accommodation in

sufficient time to arrange for the accommodation, special attention or need, Passenger may not be able

to be accommodated. Passengers who have special needs are requested to contact our Access Desk to

discuss the details of their special needs. Windstar Cruises does not provide personal care assistance.

All Passengers must be able to provide such care for themselves (e.g., such as eating, dressing, toileting

and bathing). Passengers with special needs are advised that certain international safety requirements,

shipbuilding requirements, and/or applicable regulations may cause difficulty for persons with mobility-

impairments or persons with severely impaired sight and/or hearing. Passengers requiring the use of a

wheelchair must provide their own as any wheelchairs available on the Ship are for emergency use only.

For the convenience and comfort of such Passenger, you are strongly encouraged to bring a collapsible

wheelchair. Passenger acknowledges that standard cabins are not designed to be barrier free and

wheelchair accessible.

(g) Limitation of Liability for Denial of Boarding / Repatriation for Passenger Noncompliance with this

Contract. Windstar Cruises shall have the right to deny boarding for violations of any of the pre-cruise

policies set forth in this Contract. If Windstar Cruises exercises its rights to deny boarding, Passenger

shall have no claim against Windstar Cruises whatsoever, and Windstar Cruises shall have no liability

for refund, compensation loss or damages of Passenger, including but not limited to any expenses

incurred by Passenger for accommodations or repatriation.

12. PERSONALLY IDENTIFIABLE INFORMATION; AUTHORITY TO USE AND SELL PICTURES, VIDEO IMAGES

AND AUDIO RECORDINGS: Commencing on the effective date of this Agreement, and for up to eight

years afterward, you expressly authorize Windstar Cruises, on behalf of yourself and all passengers

within your booking, to collect, store, disclose, transfer, use, and otherwise process any information

relating to you, or which, either alone or when combined with other data, may be used to identify you

(“personally identifiable information” or “PII”) in accordance with this Section 12. PII includes, without

limitation, your full name, date of birth, street or email address, passport number, driver’s licensure

number, credit card and financial account data, telephone number, biometric data, temperature data,

COVID-19 test results, COVID-19 vaccination status, and other medical and health records. You

acknowledge that the Personal Data we process will be processed in accordance with the laws

applicable at the time and location of processing. You further acknowledge that we, and certain third

parties, may process Personal Data in accordance with any additional privacy policy that is applicable

to such processing (including Windstar Cruises’ privacy policy, currently located at

https://www.windstarcruises.com/privacy-policy), as it may be updated from time to time, which is

incorporated herein by this reference. Without limiting the generality of the foregoing, Passenger

expressly agrees and acknowledges on behalf of all persons within Passenger’s booking, that:

(a) Windstar Cruises may collect, store, disclose, transfer, use, and otherwise process PII as necessary and

appropriate for Windstar Cruises to provide the Cruise and other services which may be rendered in

connection with this Contract;

(b) Windstar Cruises may provide PII to government, immigration, port state control, police, flag state and

other competent authorities, and may otherwise process PII as may be required or permitted by

applicable law;

systems, overboard monitoring systems, and other video, audio, or processes reasonable or

appropriate to ensure the health, safety and security of passengers;

(d) Windstar Cruises may provide PII to health care providers and facilities such as hospitals, clinics,

laboratories, doctors, nurses, ambulance services, and physician assistants, family members and friends

involved in providing the Passenger’s care, shore side doctors, next of kin, the Windstar Cruises’ insurers

and advisors, and the Passenger’s medical insurers, and may process or share PII for any other uses

which may be allowed under applicable law in connection with health-related events or other

emergencies;

(e) Windstar Cruises may provide PII to next of kin, other passengers, and crew, employees and contractors

of Windstar Cruises as deemed necessary by Windstar Cruises for the proper management and

administration of Windstar Cruises’ operations;

(f) Windstar Cruises may process PII including health related information and biometric data for the public

interest in the area of public health, as well as in Windstar Cruises’ exercise or defense of legal claims;

(g) Windstar Cruises may disclose certain non-sensitive PII, such as your name, contact information, and

other data as described in Windstar Cruises’ privacy policy, to our affiliates, or third parties for

marketing or other legitimate business purposes to the extent permissible by applicable law;

(h) Windstar Cruises may disclose PII to travel agents, hotels, transport providers, security, or other service

providers;

(i) PII may be transferred to the United States, as well as other jurisdictions that may not provide the same

level of privacy protection or information security as your home jurisdiction;

(j) You may revoke in writing a disclosure authorization at any time, but in no event later that twenty-one

(21) days prior to the scheduled sailing date and once again after the cruise.

Windstar Cruises may periodically photograph or otherwise film Passengers and other individuals on the

Cruise for retail, marketing, promotional, publicity and training purposes. To the maximum extent allowed

by applicable law, and without any requirement that we compensate you, notify you, or obtain any

additional approvals from you, you hereby authorize us to film, photograph, record, and create other visual

portrayals of you, your image, or likeness, including without limitation voice recordings, and any drawings,

recreations or derivatives of the foregoing, and to include such material in any video, photograph, DVDs, or

other media now known or hereafter invented, in connection with Windstar Cruises’ marketing,

promotional, publicity and/or training activities.

You expressly agree not to sell, convey, transfer, use, or publish any photograph, video recordings and other

visual or audio portrayals of you and/or any other guest in combination with crew or the Ship, or depicting

the Ship, its design or equipment or any part thereof whatsoever for any commercial purpose or in any media

broadcast or for any other non-private use, without our prior, express written consent.

To the extent allowed or required by applicable law, Passenger hereby consents to Windstar Cruises’

processing of Passenger’s PII as described in this Section and acknowledges that we will not be liable to you

or anyone in your party in connection with such processing, to the maximum extent allowed by law.

13. WIRELESS SERVICES: Windstar Cruises may, but will not be required to, make wireless access to the

Internet or access to wireless telephone services ("Wireless Services") available to passengers on board

either directly or through a third-party service provider. Passengers agree that use of Wireless Services

is at their own risk and that Windstar Cruises shall not be liable to Passengers in any manner for claims,

losses or damages resulting therefrom. Passengers’ use of Wireless Services on board is public; privacy

of any information sent or received is not guaranteed. Personal data may be available to third-party

service providers and Windstar Cruises is not liable under any circumstances for any lack of privacy or

data security while using Wireless Services. Passengers agree that Windstar Cruises and any third party

providing the Wireless Services may, but is not obligated to monitor, record, intercept and disclose any

transmissions over or using Wireless Services aboard the Ship, and may disclose to third party service

providers, partners, and other third parties, any billing, account, or use records, and other information

which may be collected in relation to Passengers’ use of the Wireless Services as it deems appropriate

in its sole discretion (for example, in response to lawful process, orders, subpoenas, or warrants, or to

protect Windstar Cruises’ rights, passengers or property). Information collected using any Wireless

Services may be subject to the terms and conditions, and data collection practices, indicated in the

acknowledge that the Personal Data we process in connection with the Wireless Services will be

processed in accordance with the laws applicable at the time and location of processing. You agree that

the law applicable at the time and location of processing will control, not the law applicable to this

Contract, when Personal Data is processed in connection with the Wireless Services. More information

about the type of Wireless Services available on the Ship can be found here.

14. TRANSFERABILITY; SEVERABILITY: This Contract cannot be transferred by you. Any additions, deletions

or other alterations to, or waivers of any term of, this Contract that are purported to have been made

by Windstar Cruises and that have not been agreed to in writing by the President of Windstar Cruises

will not be legally binding upon WindstaCruises. Any provision of this Contract that 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 this Contract will not otherwise be affected, nor will the validity and enforceability of such

provisions be affected in any other jurisdiction.

B. CRUISE COST ADDITIONS AND OTHER CRUISE INFORMATION

1. NON-DISCOUNTABLE AMOUNT: Your Cruise fare includes a “Non-Discountable Amount.” That portion

of the fare is both non-commissionable to travel agents and not subject to reduction in the event of a

percentage discount promotion, 2 for 1 promotion or otherwise.

2. GRATUITIES, GOVERNMENT TAXES & FEES: Suggested onboard gratuities are in addition to the Cruise

fare. “Government Taxes & Fees,” as used by Windstar Cruises, include, without limitation, all

government-imposed taxes and fees for the performance of the cruise and related purchases, such as

head port taxes, VAT, air, and hotel taxes and similar fees assessed on the transaction. These amounts

represent our best estimates of government taxes and fees related to this itinerary. They are based on

estimates derived from actual fees and taxes paid in prior years or from estimates provided by port

agents in the ports to be visited on the cruise. We do not expect there to be any material difference

between our estimates and the taxes and fees actually charged. Taxes & Fees are subject to change (but

will not change after assessment due to currency fluctuations) and we reserve the right to collect any

increases in effect at the time of sailing even if the fare has already been paid in full. Windstar No right

of cancellation exists under these circumstances.

3. PAYMENT OF HEALTH FEES, QUARANTINE AND OTHER CHARGES: You will pay all health fees,

quarantine dues and similar charges. In case of delay, detention or cancellation by quarantine order, or

by a similar order or recommendation of ours or a public agency due to concerns for public health,

safety or security, you will bear all risks and expenses incurred due to such action unless Windstar

Cruises is required by the law of the country concerned to assume such costs.

4. HOSTILITIES AND OTHER CONDITIONS: Although unlikely, the Ship may be confronted by actual or

threatened war, warlike operations or hostilities, civil commotion, force majeure conditions or similar

circumstances. In addition to Windstar Cruises’ right to deal with this situation under our general right

to respond to safety concerns, we may also decide that it would be prudent for the Ship to sail with or

without lights, omit observance of practices, rules and regulations as to navigation, cargo or others

applicable in time of peace, or sail armed or unarmed and with or without convoy. The Ship may visit

various ports and countries. Passengers assume responsibility for their own safety and Windstar Cruises

does not guarantee safety at any time. Passengers should consult public references such as the US

Department of State or US Center for Disease Control advisory websites and severe weather advisory

websites for current information.

5. WINDSTAR CRUISES BROCHURE: If not already received, you can obtain the Windstar Cruises brochure

for the Cruise from your travel agent or us. You should familiarize yourself with the brochure as well as

the Setting Sail booklet that we provided you. Please be advised, however, that if the brochure or

booklet is inconsistent with this Contract, this Contract will be controlling.

C. WINDSTAR AIR PACKAGE AND LAND PACKAGE

1. WINDSTAR AIR PACKAGE: If you are purchasing a Windstar Air Package, we will arrange for air

transportation to the departure point of your Cruise and return air transportation from the termination

point of your Cruise to the home city from which you departed. Due to the special fares and capacity

controls we have with airlines, Windstar Cruises retains the right to select carriers and determine

routings. Some routings may involve travel to or from an airport other than in the city where the Ship

embarks or disembarks. In those cases, motor coach transportation to and/or from the Ship will be

provided. Flight schedules and/or availability may require overnight hotel accommodations either to

join and/or to return from your Cruise. Due to airline schedules (and occasionally, lack of flight

availability), travel between many major cities and your Cruise may require one (1) or more hotel

overnights en route. If necessary, the cost of this hotel accommodation is not included in the airfare

and is your responsibility. Hotels will be selected by Windstar Cruises and might not be at the port. You

are responsible for meals and items of a personal nature.

2. SCHEDULE CHANGES; AIR DELAYS: We reserve the right to alter air flights as required by airline

schedule changes. If tickets have already been issued, we will adjust your itinerary or air carrier,

accordingly. In that event, we may ask you to return your tickets. Should you choose to alter your airline

schedule in any way once your tickets have been issued, airline charges which result will be your

responsibility. If our assistance is requested in changing airline arrangements within sixty (60) days of

departure, an additional administrative charge will be levied in addition to any charges imposed by

airlines. If your flights are delayed, refer to our Setting Sail booklet for instructions.

3. SEAT ASSIGNMENTS; SPECIAL SERVICES; FARES; LOST TICKETS; BAGGAGE CHARGES; AIR TAXES AND

FEES: We cannot make or confirm seat assignments, special meals or other special services. Your travel

agent may assist with these arrangements. If, however, airline fuel or other surcharges or additional

governmental taxes or levies are imposed, we reserve the right to pass these through to you. Please

keep your airline tickets in a safe place. Should they be lost, you will be responsible for their

replacement. Each airline has its own baggage allowance policy. You are responsible for any excess

baggage charges imposed by airlines. Air add-on costs quoted by Windstar Cruises will not include

passenger facility charges, federal flight segment taxes for each flight segment (takeoff and landing),

the September 11 security fee per passenger enplanement, international arrival and departure taxes

assessed in foreign countries (the amount of which may be charged in the currency of the foreign

country and is subject to change), or new taxes which may be enacted.

4. LIABILITY AND RELATIONSHIP WITH AIRLINES: We will use commercially reasonable efforts to arrange

for your air transportation. If, however, due to any cause beyond our control, we are unable to arrange

for air transportation (including, for example, because of capacity controls placed upon us by airlines

due to the types of fares under which we book) or the air transportation we arrange is unavailable or

otherwise fails to materialize, our sole liability will be limited to refunding the air add-on paid. Our

relationship with airlines is that of an independent travel agent. We assume no liability for any acts or

omissions of any airline including, without limitation, those involving cancellation of flights, schedule

changes, re-routings, damage to or delay or loss of baggage, flight delays, equipment failures, accidents,

pilot or other staff shortages, overbooking or computer errors. Accordingly, you will not have any right

to claim or recover against us as a consequence of any act or omission of any airline. The liabilities and

obligations of an airline to you, and your rights against an airline, are subject to any and all terms and

conditions of the airline’s ticket and tariffs and any and all governmental laws and regulations bearing

upon or otherwise relating to such rights, liabilities and obligations.

5. LIABILITY AND RELATIONSHIP WITH WINDSTAR LAND PACKAGE PROVIDERS: If, due to any cause

beyond our control, we are unable to arrange for any Windstar Land Package or any desired portion

thereof, our sole liability will be limited to refunding the Windstar Land Package add-on paid. Our

relationship with providers of Windstar Land Package accommodations or services is that of an

independent travel agent. In addition to limitation of liability provided elsewhere in this Contract as to

third-party providers, we assume no liability for any acts or omissions of any Windstar Land Package

provider or subcontractor including, without limitation, cancellation, damage to or delay or loss of

baggage, delays (including any delay in rejoining the Ship or missing the sailing or any flight), equipment

failures, accidents, staff shortages, overbooking or computer errors.

D. MISCELLANEOUS LEGAL TERMS AND CONDITIONS: This Contract constitutes the entire agreement of the

parties, and supersedes any prior or inconsistent representations or conditions, and representations or

statements in any brochure or advertising. This Contract may not be amended, waived or modified in whole

or part except in writing signed by both parties’ authorized representatives. Windstar Cruises’ waiver or

failure to assert any right hereunder in any instance shall not be deemed a waiver of such right or any other

right in any other instance. This Contract is effective and binding as of the date issued.

Windstar Cruises Marshall Islands, LLC, 8400 N.W. 36th Street, Suite 520, Miami, Florida 33166, Phone:

(800) 258- 7245; Web: www.windstarcruises.com.