Celestyal Cruises Centre Limited’s

Travel Agency Guidelines And Policies

Celestyal Cruises Centre Limited operating as Celestyal Cruises (hereinafter referred to as (“Celestyal”) has established these Travel Agency Guidelines and Policies (“Guidelines”) regarding (i) Celestyal’s Terms and Conditions in its Passenger Ticket Contract, which governs the legal rights of all passengers relative to cruise cancellation, provision of medical services, privacy rights, Celestyal’s liability, the location where any lawsuits may be brought and the passenger’s ability to bring a claim, (ii) advertising, marketing, selling, booking of and payment for cruises offered by Celestyal and (iii) the permissible use of Celestyal’s intellectual property (whether registered or not), including without limitation trademarks, logos, slogans, copyright material, imagery and vessel photography (collectively “Celestyal’s Property”), whether a variance thereof, whether used on the internet, in print material or otherwise.

 

 

 

I. CELESTYAL’S GUIDELINES ARE APPLICABLE TO ALL U.S. TRAVEL AGENCIES

 

A. SCOPE OF AND COMPLIANCE WITH THE GUIDELINES

 

These Guidelines are valid for the United States only.

 

Each individual, company, travel agency, travel intermediary and travel distributor that books, sells or distributes cruise accommodations offered by Celestyal (collectively “Travel Agencies” and individually “Travel Agency”) must comply with these Guidelines, including without limitation (i) those with agreements in place with Celestyal, including but not limited to travel agency agreements, commission letters, national account sales agreements, marketing agreements, commission agreements or annual sales plans (the “Travel Agency Agreements”), and (ii) those who use the internet to market and/or enable the booking, sale or distribution of cruise accommodations and (iii) those with whom they enter into business arrangements (to the extent permitted under the terms of the Travel Agency Agreement) regarding the advertising, marketing, sale and/or distribution of Celestyal’s products from time to time, must comply with these Guidelines.

 

Nothing in these Guidelines shall be deemed to give Travel Agency the right, license, authorization or approval to make bookings with Celestyal or to receive any commission or any other payments directly or indirectly from Celestyal, unless any such payment or commission has been agreed with Celestyal in writing. It is understood that individual consumers booking Celestyal cruises for themselves and/or for others and who are not receiving any commission or payments from Celestyal are not “Travel Agencies” hereunder.

 

By making bookings with Celestyal and/or entering into a Travel Agency Agreement with Celestyal, Travel Agency agrees to all of the terms and obligations of these Guidelines which shall survive the termination of any underlying Travel Agency Agreement.

 

B. THE GUIDELINES MAY BE MODIFIED, ALTERED OR AMENDED AT ANY TIME

 

Celestyal reserves the absolute right to modify, alter, or amend these Guidelines at any time whatsoever without prior notification. Modifications of any nature whatsoever of these Guidelines shall become valid as on their date of publication on Celestyal’s website, unless otherwise specified in the updated Guidelines. Notwithstanding the above, the updated Guidelines may be communicated or distributed in print or electronically by, including but not limited to, internet posting, PDF, email transmission, memorandum, letter, or facsimile or any combination thereof. Making bookings following modifications of any kind whatsoever implies acceptance of the same.

 

 

 

II. COMPLIANCE WITH APPLICABLE LAWS AND TRAVEL AGENCY GUIDELINES

 

A. WARRANTY OF COMPLIANCE WITH GUIDELINES AND APPLICABLE LAWS

Travel Agency warrants that it shall comply at all times with these Guidelines and all applicable laws, rules and regulations. Travel Agency further represents and warrants that it has and will continue to maintain all licenses, security and insurance required by laws applicable to Travel Agency.

 

Without limiting the generality of the foregoing, Travel Agency warrants that it is in full compliance with all applicable federal, state and local laws and regulations, including but not limited to: the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Telemarketing and the Consumer Fraud and Abuse Prevention Act. Furthermore, Travel Agency warrants that all use of Celestyal’s Property used to market and sell Celestyal’s cruises and vacation services shall be in compliance with applicable federal, state and local laws and regulations.

 

Travel Agency undertakes that it will at all times (and will ensure that all its personnel and/or contractors, sub agents and/or any third party) when collecting, processing, using and/or storing personal data of guests, it will do so in accordance with the applicable data protection laws, including without limitation EU Regulation 2016/679 of 27 April 2016.

 

B. AUTOMATED COMMUNICATIONS REFERRING TO CELESTYAL ARE PROHIBITED

Under no circumstances does Celestyal authorize, approve or consent to Travel Agency’s use of any outbound communications with the public via the use of an automatic telephone dialing system while referencing or referring to Celestyal’s goods and services in any way and for any reason, including but not limited to, prerecorded telephone messages, texts, blast faxes, push notifications or any other type of automated message or communication of any kind whatsoever and any all of the aforementioned communications to any person who has been listed on a federal, state, local or Travel Agency specific “do not call” list.

 

Travel Agency agrees that any and all communications whatsoever concerning Celestyal, whether via telephone, telefax, email, text message, or otherwise shall be in compliance with all applicable federal, state and local legal requirements. Travel Agency agrees that materials concerning Celestyal’s goods and services will only be sent to individuals who have requested the promotional information and any and all such communications shall be made in compliance with all applicable legal requirements. Travel Agency must be in full compliance at all times with all federal, state and local laws and regulations concerning communications with its clients and consumers (including, but not limited to, the Telephone Consumer Protection Act, Telemarketing and Consumer Fraud and Abuse Protection Act, and CAN-SPAM Act.

 

C. INDEMNIFICATION

Travel Agency agrees that it will indemnify, defend and hold Celestyal harmless and its officers, directors, employees and affiliates from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable attorney's fees) arising out of or in connection with any and all violations of this section without limitation of any kind, irrespective of any other contrary term in these Guidelines or the Travel Agency Agreement. Travel Agency agrees that it shall be responsible for all costs and expenses incurred by Celestyal in enforcing Travel Agency's indemnity obligations hereunder.

 

D. VIOLATION OF GUIDELINES

In the event of any violation of these Guidelines, Celestyal without prejudice to any other rights and remedies at law or in equity, reserves the right to take any action it deems appropriate, including but not limited to issuing warning letters, terminating or reducing commission up to and including placing Travel Agency on “no-book” status without notice

 

E. CONTROLLING AGREEMENT

To the extent any of the terms and conditions in these Guidelines are in conflict with the terms of Travel Agency’s current agreement with Celestyal, the terms of Travel Agency’s current agreement will control.

 

F. WAIVER

If Celestyal fails to act with respect to Travel Agency’s breach or anyone else’s breach of these Guidelines on any occasion, Celestyal does not waive any rights to act with respect to future or similar breaches.

 

G. CONSENT

Any consent given by Celestyal in these Guidelines may be revoked by Celestyal at any time with or without cause and with or without prior notice. Upon revocation, Travel Agency agrees to cease any activity being conducted by it in reliance upon such consent.

 

 

 

III. NO AGENCY RELATIONSHIP

 

Travel Agency is not Celestyal’s agent; rather, Travel Agency is for all purposes the agent of the customer(s) for whom Travel Agency makes a booking for travel with Celestyal. Travel agency agrees that it is not authorized nor has Celestyal consented or agreed to allow Travel Agency to describe itself as a representative of Celestyal, to make or to enter into any contracts on Celestyal’s behalf, or otherwise bind or purport to bind Celestyal in any other way whatsoever. Travel Agency shall not pledge the credit of or undertake any financial commitments on behalf of Celestyal. To the extent that Travel Agency enters into agreements, oral or written, with any third parties, Travel Agency agrees to ensure the third party’s compliance with this provision.

 

 

 

IV. SALES AND PAYMENT

 

A. Payment

Travel Agency shall be responsible for all payments of any and all bookings made on behalf of Travel Agency’s customers, including port charges and other fees. Payment may be made by the manner and means described in the Travel Agency Agreement or as agreed in writing with Celestyal.

 

B. Refunds

In the event that a passenger is entitled to a refund, Celestyal is only responsible for refunding that portion of the amount paid by the passenger which was paid to and retained by Celestyal less any applicable cancellation fees. Travel Agency is responsible for refunding all additional amounts received from the passenger.

 

C. Failure to Pay

In the event of failure to make the required payment, Celestyal shall be entitled without prior notice and without any liability whatsoever to cancel all bookings connected to cruises where payment is outstanding in full or in part and/or deny boarding to any of the Travel Agency’s customers/clients on the cruise for which the Travel Agency has not paid in full.

 

D. NO OTHER PROFIT

Travel Agency agrees not to profit from the sale of Celestyal’s goods and services other than by means of the commission in the Travel Agency Agreement and not to claim any other payment or compensation whatsoever from Celestyal in any form whatsoever.

 

 

 

V. BOOKINGS

 

A. Passenger Ticket Contract

The terms and conditions which govern the booking and the cruise are set forth in the Passage Contract (as this may be amended from time to time) and are incorporated herein by reference. Travel Agency shall be solely responsible for reviewing all of the terms and conditions of the Passage Contract and bringing the same to the attention of its customers prior to booking and reiterating these terms and conditions at the time of booking. The Passage Contract governs the guest’s legal rights, particularly with respect to cancellation, provision of medical services, privacy rights, Celestyal’s and/or carrier’s liability and the guest’s right to sue. In the event of any conflict between Celestyal’s brochures or communications concerning any booking and the Passage Contract, the Passage Contract shall prevail. A copy of the current Passenger Ticket Contract is attached to these Guidelines. For your ready reference in consulting with your clients, Travel Agency may also find the most current Passage Contract at Celestyal’s website.

 

Travel Agency warrants that shall not make any representations to any customer or prospective customer or to any other third parties concerning the terms and conditions of passage other than those set forth on the Passage Contract.

 

B. CONDITIONS FOR TRAVEL AND OTHER IMPORTANT CRUISE INFORMATION

Travel Agency is responsible to review and be familiar with the information concerning Reservations, Tours, Cancellation Charges, Travel and Health Documentations as applicable for each booking. In the event of any conflict between Celestyal brochures and the Passage Contract, the Passage Contract shall govern all bookings made for any passenger.

 

C. NOTIFICATION OF CHANGES

All cruise fares and other charges are subject to change or addition without notice at Celestyal's discretion until final payment has been received by Celestyal. Celestyal reserves the right to assess additional government fees and taxes or other charges that were not in effect at the time of the booking in any existing reservation up to the time of sailing, even if already paid.

 

D. CUSTOMERS WITH SPECIAL NEEDS.

Travel Agency should be aware that the Americans with Disabilities Act and the Americans with Disabilities Amendment Act are not applicable on any cruises that do not depart from or return to a U.S. port.

Travel Agency warrants that it will ensure that all customers are asked at the time of booking to provide as much detail as possible as to whether the customer or anyone accompanying the customer is unwell, infirm, or has a disability so that the Celestyal can consider its obligation to carry the customer(s) in a safe or operationally feasible manner, taking into account any issues relating to the design of the vessel or port infrastructure and equipment including port terminals which may make it impossible to carry out the embarkation, disembarkation or carriage of customers and which may have an impact on the passenger’s safety and comfort.

 

Travel Agency should inquire full details of the following details at the time of booking:

(i) if the customer/guest has any special seating requirements, since availability is limited; (ii) If the customer/guest needs to bring any medical equipment on board; and (iii) If the customer/guest requests that his service dog to accompany him onboard the vessel

 

 

 

VI. GENERAL

 

A. REPRESENTATIONS TO CLIENTS AND THE PUBLIC

Travel Agency shall not under any circumstances represent itself as or in affiliation with Celestyal.

 

B. COMMUNICATION WITH BOOKED GUESTS

Celestyal reserves the right to communicate directly with all booked guests to: (1) provide the guest useful information, (2) keep the guest engaged in their cruise experience with Celestyal.

 

C. GIFT CERTIFICATES, VOUCHERS, COUPONS & PROMOTIONAL OFFERS

Travel Agency may not create Travel Agency promotional offers, cruise and gift certificates, vouchers and coupons.

 

D. CONTESTS OR SWEEPSTAKES

Travel Agency shall have no right to use Celestyal’s Property, including images, logos, slogans and trademarks, in any sweepstake or contest.

 

E. AUCTIONS

Travel Agency shall have no right to use Celestyal's Property, including images, logos and or trademarks, in any manner in any auctions.

 

F. COMPLAINTS

As for any complaints and/or comments whatsoever, Travel Agency shall inform the Company immediately so that any and all appropriate action can be taken.

 

G. FORUM SELECTION, CHOICE OF LAW AND CONSENT TO JURISDICTION

Travel Agency agrees that any and all disputes, claims, controversies, suits, or matters of any kind whatsoever arising out of, in connection with, or incident to these Guidelines or the Travel Agency Agreement, shall be instituted in and litigated solely and exclusively, if at all, in and before the courts of Nicosia, Cyprus to the exclusion of any other court of any other country, state, territory or nation where suit may otherwise be brought. Travel Agency hereby consents to jurisdiction in the applicable court located in Nicosia, Cyprus and waives any venue or other objection that it may have to any such action or proceeding being brought. Furthermore, any and all disputes or claims whatsoever brought by Travel Agency shall be governed exclusively, in all respects, and without regard to conflict of law principles, by the laws of the Republic of Cyprus and Travel Agency agrees this choice of law supersedes and preempts any provision of law of any other country, state, territory or nation.

 

H. THIRD PARTY OPERATORS

Travel Agency acknowledges that cruise tours, land tours and shore excursions sold by Celestyal are provided by third parties and Celestyal merely arranges such cruise tours, land tours and shore excursions as a convenience on behalf of such third-party operators. The providers, owners and operators of such services, conveyances, products and facilities are independent contractors and are not acting as agents or representatives of Celestyal. Even though Celestyal may collect a fee for, or otherwise profit from, making such arrangements and offers for sale shore excursions, tours, hotels, restaurants, attractions, it does not undertake to supervise or control such independent contractors or their employees, nor maintain their conveyances or facilities, and makes no representation, whether express or implied, regarding their suitability or safety. In no event shall Celestyal be liable for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to any guest which occurs on or off the Vessel or the transport as a result of any acts, omissions or negligence of any third party independent contractors.

 

 

 

VII. TRADEMARKS, COPYRIGHTS & OTHER INTELLECTUAL PROPERTY RESTRICTIONS

 

A. CELESTYAL BRAND TRADEMARKS

Celestyal’s Property includes without limitation any and all Celestyal trademarks and used in Celestyal website and in Celestyal’s fleet brochures and other Celestyal print material from time to time, Celestyal’s other copyrighted content and other Celestyal trademarks (whether registered or not), service marks, logos, slogans or copyrighted material. The absence of a logo, program, offer, or other name from a trademark list does not constitute a waiver of Celestyal’s trademark or other intellectual property rights concerning that name.

 

B. RESTRICTIONS ON USE

Travel Agency is not authorized to use any of Celestyal’s Property or any mark resembling any of Celestyal’s Property as part of its corporate, business or trade names, nor in advertising, marketing, promotions, or public relations, nor to give the appearance of identifying its own businesses and programs, nor elsewhere without first obtaining the prior written approval of Celestyal, unless such advertisement or other material is provided by Celestyal to Travel Agency for an express purpose, and, in that case, Celestyal’s Property shall only be used in the exact form provided by Celestyal. Travel Agency may not use Celestyal's Property in any part of a domain name without the express, prior, written consent of Celestyal.

 

Travel Agency is not permitted to list in any telephone or other directory under the heading “Celestyal,” “Celestyal Cruises” or “Celestyal Cruise Line” or anything substantially similar thereto without first obtaining the prior written approval of Celestyal. Travel Agency may not use Celestyal’s Property in a manner that would appear to identify programs developed by Travel Agency, particularly discount programs and “specials” that Celestyal has not expressly authorized, offered, promoted or endorsed. Travel Agency may not use Celestyal’s Property directly adjacent to or in combination with any word(s) not expressly authorized by Celestyal, particularly Travel Agency's corporate and business names.

 

Under no circumstances may Travel Agency offer or distribute to any other Travel Agency or individual Celestyal's brand, products, inventory, pricing or any of Celestyal’s Property via internet or any other means. Any failure to comply with this section of the Guidelines by Travel Agency shall give rise to the immediate termination of the underlying Travel Agency Agreement at Celestyal's discretion. Travel Agency shall immediately return any commissions paid by Celestyal for bookings of this nature. In addition to any other remedies at law or in equity, Celestyal shall have the right to set-off any commissions due to Travel Agency for applicable bookings against any payments of commissions paid for such unauthorized bookings.

 

 

 

VIII. ADVERTISING IN GENERAL

 

A. ADVERTISING COMPLIANCE

Travel Agency shall not advertise Celestyal goods and services without Celestyal’s express written consent. In the event that Celestyal allows Travel Agency to advertise in printed advertising format, at all times Travel Agency shall comply with the guidelines provided by Celestyal in writing.

 

 

 

IX. ONLINE ADVERTISING AND INTERNET GUIDELINES

 

A. PURPOSE

The following guidelines apply to websites, web pages and the use of the internet by Travel Agency for marketing and displaying any travel services offered by Celestyal to Travel Agents’ customers.

 

B. TRAVEL AGENCY WEBSITES

Travel Agency is not authorized to make any statement, express or implied, that its website is an “Official Celestyal site”; that Travel Agent is an official Celestyal agency or that Celestyal has associated with or endorsed Travel Agency on its website.

 

C. SOCIAL MEDIA WEBSITES

The requirements of these Guidelines shall also apply to any profile, account, page or post on a social networking website (e.g. Facebook, Twitter, Instagram, LinkedIn), blogging website (e.g. BlogSpot.com, WordPress.com, etc.), video website (e.g. YouTube), or any other social media website operated by a third party, directly or indirectly controlled or posted by Travel Agency (collectively, “Social Media Websites”). Travel Agency should not in any manner indicate an affiliation or endorsement from Celestyal. Additionally, Travel Agency shall not use Celestyal’s Property or anything substantially similar or typos in any username, profile name or similar for any Social Media Website without Celestyal’s prior written approval.

 

D. VIOLATIONS OF THE ONLINE ADVERTISING & INTERNET GUIDELINES

Celestyal reserves the right to take any and all action available in response to any violations of the Online Advertising and Internet Guidelines.