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GUIDELINES DETAIL
TRADEMARKS, COPYRIGHTS & OTHER INTELLECTUAL PROPERTY
SALES AND PAYMENTS
ADVERTISING IN GENERAL
ADVERTISING PRICING
ONLINE ADVERTISING AND INTERNET GUIDELINES
CROSS BORDER SELLING
(Royal Caribbean International and Celebrity Cruises)
LEGAL - Part 1
LEGAL - Part 2
LEGAL - Part 3
LEGAL - Part 4
GUIDELINES DETAIL
1.1 Guidelines
Royal Caribbean Cruises Ltd operating as and through its brands Royal Caribbean International, Celebrity Cruises Inc. and Azamara Club Cruises (hereinafter referred collectively as "RCL") requires that each individual, company, travel agency, travel intermediary and travel distributor that books, sells or distributes cruise accommodations offered by the RCL brands (collectively "Travel Agency" or "Travel Agent") must comply with these Travel Industry Guidelines (the "Guidelines"). These Guidelines are available at www.cruisingpower.com, and may, at RCL's discretion, be communicated by Internet publication and/or be distributed in any form of print. RCL may amend these Guidelines at any time in its sole discretion, and any such modifications shall become effective immediately unless otherwise specified. Travel Agency agrees that by making bookings with and/or entering into a Travel Agency Agreement with RCL, it hereby agrees to all of the terms, obligations and restrictions of these Guidelines which shall survive the termination of any underlying Travel Agency Agreement.
1.2 Scope
These Guidelines are valid for the United States and Canada only. Outside of the US and Canada, please contact the appropriate RCL office or your international representative. The Guidelines apply to any Travel Agency or Travel Agent that (i) has an agreement in place with an RCL brand, including but not be limited to Travel Agency Agreements, Commission Letters, National Account Sales Agreements, Marketing Agreements, Commission Agreements or Annual Sales Plans, (collectively, the "Travel Agency Agreements"), (ii) uses the Worldwide Web to market or process the booking, sale or distribution of cruise accommodations, and (iii) any third party with which Travel Agent may engage or enter into a business arrangement (as permitted under the terms of the Travel Agency Agreement) regarding the advertisement, marketing, sale and/or distribution of any of RCL's products. Individual consumers booking on any of the RCL brands' cruises for themselves or for others and who receive no commission or payment from RCL shall not be considered as Travel Agents as per these Guidelines.
1.3 Purpose
The purpose of these Guidelines is to establish standards for the advertisement, marketing, selling, booking of, and payment for, cruises offered by the RCL brands and the use of RCL's intellectual property, including without limitation trademarks and copyrighted material, b-roll, still images and other authorized video (collectively, "RCL's Property"), whether as used and/or registered by RCL or whether a variance thereof, whether used in print material, on the Internet or otherwise.
1.4 Compliance with Guidelines
Travel Agency shall periodically review these Guidelines to ensure its compliance. Travel Agency agrees and acknowledges that it is not an agent of RCL but is an agent of its respective customers. Nothing in these Guidelines provides Travel Agency with the right, license, authorization or approval to make bookings with an RCL brand or to receive any commission or other payments directly or indirectly from RCL. The terms of any such payment or commission shall be set forth in the relevant Travel Agency Agreement between RCL and Travel Agent.
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TRADEMARKS, COPYRIGHTS & OTHER INTELLECTUAL PROPERTY
2.1 RCL Brand Trademarks
The lists and instructions for use of trademarks and service marks (the "Property") belonging to Royal Caribbean International, Celebrity Cruises Inc. and Azamara Club Cruises are provided at www.cruisingpower.com. The absence of a logo, program, offer, or other name from a trademark list does not constitute a waiver of RCL's trademark or other intellectual property rights concerning that name. Travel Agent shall regularly refer to the website as content may be updated periodically Royal Caribbean, Celebrity Cruises, Azamara Club Cruises.
2.2 Rules & Restrictions of Use
Unless granted prior written approval or express permission for a specific purpose by RCL, Travel Agencies are not permitted to do any of the following:
1. Use any of RCL's Property or any variation thereof resembling RCL's Property as part of a corporate, business or trade name, regardless of the nature of services or products to be offered in conjunction with the name.
2. Use any of RCL's Property directly adjacent to or in combination with any other words not expressly authorized by RCL, including but not limited to Travel Agency's corporate and business name.
3. Use any of RCL's Property or any variation thereof, including but not limited to misspellings, in any part of an Internet domain name or URL, social media web site page, username or handle, online profile, web or phone application, or any other Internet use without the express, prior written consent of an Officer of RCL.
4. Use any of RCL's Property or any variation thereof resembling RCL's Property in advertising, marketing, promotions or public relations, including but not limited to, advertising links, banner ads, etc.
5. Use any of RCL's Property or any variation thereof resembling RCL's Property in any way that gives the appearance of identifying its own businesses and programs or suggesting affiliation with, sponsorship or endorsement by RCL.
6. List in any type of directory, including telephone and internet listings, under the heading "Royal Caribbean", "Celebrity Cruise Lines", "Azamara Club Cruises" or any variation thereof.
7. Use any of RCL's Property in a manner that would appear to identify Travel Agency programs and in particular discount programs or promotions that RCL has not expressly authorized, offered, promoted or endorsed.
8. Organize or coordinate any event in which Travel Agency refers or represents itself as "Royal Caribbean International", "Celebrity Cruises" or "Azamara Club Cruises" or any variation thereof.
9. Under no circumstances may Travel Agency transfer, assign or otherwise permit any third party to utilize RCL's Property.
10. Use or create any advertising materials, including web site pages, that incorporate the RCL Property or recreate the look and feel of RCL such that a consumer may believe the advertising or web page is hosted by or affiliated with RCL. A disclaimer stating that the web page is not affiliated with RCL does not satisfy this requirement.
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In addition, Travel Agency shall comply with the following:
1. To the extent that RCL permits Travel Agency to use any of RCL's Property, Travel Agency may only use that part of RCL's Property as has been approved by RCL and solely to promote RCL's products and the sale of its cruises. For clarity, the RCL Property may not be used to promote the travel or cruise industry generally.
2. On first use of any RCL brand trademark in any publication, use the appropriate ® or SM symbol, as identified on the applicable trademark list Royal Caribbean, Celebrity Cruises, Azamara Club Cruises.
3. Travel Agency may not act in any way which might, in RCL's sole discretion, impair, infringe or dilute any part of RCL's right and title in RCL's Property or its right to use RCL's Property.
4. Travel Agency may not at any time do or cause to be done any act contesting any of RCL's rights in RCL's Property.
5. Travel Agency is not permitted in any manner to represent or to give the impression that it has any ownership rights in RCL's Property, including by virtue of domain name registration, or that it is affiliated with or sponsored by RCL (other than as may be expressly set forth in the underlying Travel Agency Agreement).
6. Travel Agent acknowledges that the use of RCL's Property does not create in Travel Agency's favor any right, title or interest in or to RCL's Property, including any goodwill there from, nor prevent RCL from using and/or registering RCL's Property for goods and services in which RCL has any current or potential interest.
7. All use of RCL's Property by Travel Agency shall be for the sole benefit of RCL.
8. Travel Agency is familiar with RCL's Property and is not permitted to file for registration any of RCL's Property, including names, tag lines, slogans, trademarks, logos, designs, domain names, imagery, or copyrighted material substantially similar to RCL's Property.
9. Any consent given by RCL to use RCL's Property may be withdrawn by RCL in its sole discretion at any time.
10. At any time upon RCL's request or upon termination of the underlying Travel Agency Agreement, and at all times thereafter, Travel Agency will immediately stop using RCL's Property in every way and will deliver to RCL, or destroy, at RCL's option, all material provided to Travel Agency on which RCL's Property appears.
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11. Travel Agency hereby waives any rights that it may acquire by virtue of Travel
Agency's use of RCL's Property and in any trademarks, names, slogans, domain
names and imagery confusingly similar thereto.
12. Under no circumstances may Travel Agency offer or distribute to any other Travel Agency RCL's brand, products, inventory, pricing or any of RCL's Property via Internet or other distribution system (including GDS) without RCL's prior written consent. This restriction includes, without limitation, any link or connectivity established by a third party with or through any of Travel Agency's web sites or GDS which provides any other Travel Agency access to RCL products, pricing or inventory.
13. Any breach by Travel Agency of the foregoing Point 12 shall give rise to the immediate termination of the underlying Travel Agency Agreement at RCL's discretion. Furthermore, Travel Agency shall immediately return any commissions paid by RCL for bookings of this nature. In addition to any other remedies at law or in equity, RCL 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.
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SALES AND PAYMENTS
3.1 Payments
Payment may be made by acceptable credit card, travel agency check or CruisePay (web based electronic payment tool accessible via www.cruisingpower.com). Payments by credit card should be for the gross purchase price. Any amounts collected by RCL above the net amount due for the reservation (gross purchase price less travel agent commission) will be sent to travel agent as a check or electronic deposit via a third party processor. Final payments made by travel agency check or CruisePay (Electronic Funds Transfer) should be made net of the applicable commissions. Payments made by check should be sent via regular mail to Royal Caribbean International, PO Box 025511, Miami, Florida 33102-5511, or via express mail to Royal Caribbean International, 1050 Caribbean Way, Miami, Florida 33132, Attention: Cash Processing Department.
To the extent that RCL believes, in its sole discretion, that Travel Agency's operations jeopardize its ability to fulfill its obligations to its customers or to RCL, RCL reserves the right to; (i) put such Travel Agency on payment restriction, including but not limited, to "credit card only" and "cash only", (ii) suspend bookings by such Travel Agency unless and until it can provide adequate assurance to RCL to the contrary, (iii) withhold any and all commissions or co-op funds owed to Travel Agency to satisfy its obligations to RCL and/or (iv) terminate the underlying Travel Agency agreement.
Travel Agency must adhere to the applicable credit card company's procedures for credit card transactions and collect proper authorizations from clients for all credit card charges (including the card holder's faxed or original signature on a document authorizing the specific charge, copy of front and back of credit card and personal identification such as driver's license or passport). In the event of a fraudulent or unauthorized credit card transaction through Travel Agency, such Travel Agency shall use reasonable efforts to assist RCL in resolving any related dispute between RCL, the applicable credit card company, and the credit card holder. Travel Agency shall be responsible for payment of any amounts related thereto if such fraudulent or unauthorized transaction resulted from such Travel Agency's negligence or intentional misconduct.
In the event that a guest is entitled to a refund, RCL is only responsible for refunding that portion of the amount paid by the guest which was paid to and retained by RCL less any applicable cancellation fees. Travel Agency is responsible for refunding all additional amounts received from the guest.
3.2 Price Protection/Best Price Guarantee
If Travel Agency finds a lower price within 48 hours from the time a guest booking is made, a Travel Agent or guest can submit the Best Price Guarantee form to get 110% of the difference in price applied as an onboard credit. A thorough explanation of RCL's Best Price Guarantee Program for bookings is available at www.cruisingpower.com.
3.3 Pricing Accuracy
RCL attempts to ensure the accuracy of the pricing reflected in its systems and the systems of approved distribution channels. However, in the event of a pricing error or omission, RCL reserves the right to cancel or adjust the pricing of any reservation that is impacted by the error. In the event RCL cancels such a reservation, a full refund will be made and cancellation penalties will not apply, unless an alternate resolution is required by applicable law.
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3.4 Off Tariff Pricing
A. Net Rates
RCL's brands offer certain Off Tariff rate programs ("Net Rates") to Travel Agents (specifically tour operators) in instances where pricing will be marketed in a covert manner and an approved Sales & Marketing plan is in place. Net rates are non-commissionable and are available for "best available" lead category based on a discounted lowest available fare calculation. Net rates are available with air. These rates are subject to change at RCL's discretion and may not be available on all open voyages, (specifically not available for holiday related sailings) and are not combinable with any other promotions.
B. Individual Incentive Program (IIT)
RCL's brands offer an Individual Incentive Program ("ITT") for companies looking for incentives to offer employees for exemplary performance (loyalty, sales goals, etc.). Pricing for IIT is commissionable at "best available" rates with a capacity control per sailing. In line with the needs of such incentive programs, individual staterooms can be held without names at the applicable rates but are non-combinable with any other promotions. IIT rates are subject to change at RCL's discretion and may not be available on all open voyages (specifically not available for holiday related sailings).
3.5 Stateroom Occupancy Requirements
RCL may require that staterooms with the capacity to accommodate three or more guests be fully occupied. RCL reserves the right to move guests to a comparable stateroom with the appropriate number of berths if Travel Agency either (i) Travel Agency books a stateroom with fewer than the maximum number of guests the stateroom can accommodate; or (ii) a guest cancellation occurs and the remaining number of guests do not match the maximum number of guests the stateroom can accommodate.
3.6 Onboard Marketing Prohibition
While onboard RCL's vessels, Travel Agent shall have no right to use any of the onboard facilities, hospitality and/or sales desks or to participate in any onboard guest events or meetings for the purpose of marketing future cruises to any guests who are not currently booked by Travel Agent.
3.7 Transfer of bookings - Effective October 18, 2010 for NEW bookings only.
A. Consumer to Travel Partner
Consumer direct bookings may be transferred to a Travel Agent of choice up until 60 days from creation if the request is made outside of Final Payment period and the booking is not paid in full. If a booking has a ChoiceAir ticket and the transfer request involves a change in currency we cannot accommodate a transfer. If a direct guest would like to transfer a reservation to a Travel Agent, Travel Agent Transfer Form (Royal Caribbean, Celebrity Cruises, or Azamara Club Cruises), must be completed and fax back to us at number on the form.
B. Travel Partner to Travel Partner
In order to change an agency on a booking, written authorization must be obtained from the agency of record that is releasing the booking and a letter of acceptance from the agency now taking over the reservation on their respective agency letterhead and submitted to RCI.
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3.8 Restricted Promotional Pricing
Travel Agency is responsible for ensuring compliance with the eligibility requirements of restricted promotional fares (for example Interline, Military, Resident, Police & Fire and Senior rates or similar promotions) for all reservations made with RCL and shall at all times ensure that such fares are not knowingly offered or displayed to ineligible guests via any means, including through any internet or other distribution channel. If Travel Agency offers or displays restricted promotional fares to ineligible guests whether deliberately or due to the inability of any applicable distribution channel to prevent such display, then RCL (i) may at any time thereafter and in its sole discretion remove such Travel Agency's access to such rates, and (ii) reserves the right to collect the difference between the fare paid and the lowest available fare for which the guest(s) are eligible by deducting the amount from any commissions owed to such Travel Agency under the applicable Travel Agency Agreement. Notwithstanding the foregoing, if an ineligible restricted promotional fare is offered or displayed as a result of a guest misrepresenting himself or herself to Travel Agency, RCL will not take the action set forth in clauses (i) and (ii) above and will instead collect the fare difference directly from the guest.
3.9 Off-Selling
Travel Agent shall not "off sell" another vacation brand from a prospect generated by an advertisement which has been paid for via RCL Cooperative "Co-op" media funds.
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3.10 Travel Partner Code of Conduct
RCL is pleased to offer its travel partners special reduced rates so they may experience first-hand RCL's wonderful products and amenities which are all delivered in an exceptional manner by our professional crew. However, as a condition of this opportunity, travel partners sailing under the reduced rate program are expected to follow the Travel Partner Code of Conduct.
Travel Partner Code of Conduct:
1. Travel partners sailing under the reduced rate program are prohibited from discussing their special rates with any other guests.
2. At all times during a cruise vacation, travel partners are prohibited from advertising and/or soliciting their professional travel services. This prohibition applies without regard to whether or not the travel partner was sailing was under a special pricing program or at the normal public rate.
3. All guests sailing, including travel partners, friends and/or family, are required to abide by the provisions of the Guest Conduct Policy. The Guest Conduct Policy helps ensure that all guests are able to participate in a safe and enjoyable cruise experience. It sets forth standards of conduct for guests to follow throughout their cruise vacation, including transfers to and from ships, inside terminals, while onboard, at ports-of-call, during shore excursions and at our private destinations. The Guest Conduct Policy covers topics such as safety, security, guest / crew interaction, language or behavior that is inappropriately abusive or disruptive, smoking, prohibited items such as alcohol and drugs, parental responsibility, health and environmental stewardship. Any guest, including travel partners, failing to abide by the Guest Conduct Policy can face consequences including removal from a ship at the next port-of-call. The complete Guest Conduct Policy can be reviewed on-line. It is also available for review in every guest stateroom.
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ADVERTISING IN GENERAL
4.1 Advertising Compliance
At all times Travel Agency shall comply with RCL's Advertising Policies as set forth herein. All Travel Agency's use of RCL's Property shall be solely for the purpose of promoting and selling RCL cruises. Any exceptions must be formally approved in writing by RCL.
4.2 Specifications & Current Logos for Advertising
The specifications and requirements for all advertising of the RCL brands including the current RCL brand logos are available from the image library located at www.cruisingpower.com. (brand guidelines link)
4.3 Trademarks & Copyrighted Material
Travel Agent shall refer to Section 2 of these Guidelines with regard to the authorized use of RCL brand trademarks and copyrighted materials.
4.4 Ship's Registry
Ship's registry information must always be included in all advertising that references RCL. If there are no specific ship references, then all of the registries that apply to RCL vessels must be referenced. The current ship's registries applicable to the RCL brands are as follows:
- Azamara Club Cruises: Ships' registry: Malta
- Celebrity Cruises, Inc.: Ships' registry: Malta and Ecuador
- RCL Cruises Ltd: Ships registry: The Bahamas. Brilliance of the Seas is operated by RCL (UK) Ltd., a subsidiary of RCL Cruises Ltd.
4.5 Gift Certificates, Vouchers, Coupons & Promotional Offers
Travel Agency may create Travel Agency promotional offers, cruise and gift certificates, vouchers and coupons, and submit such items to RCL for approval. If RCL approves Travel Agent cruise certificate, the following shall apply:
1. The following statement shall be conspicuously placed on any cruise certificate and in a sufficiently large font size as approved by RCL: "IMPORTANT NOTICE: This Cruise Certificate has been issued by {Insert Travel Agent name}, a licensed seller of travel, (the "Travel Agent") and may be distributed only to an individual who will personally redeem it for a cruise with {Royal Caribbean International, Celebrity Cruises or Azamara Club Cruises} (the "Recipient"). The Cruise Certificate may not be transferred by either the Travel Agent or Recipient to another individual or entity, nor be used for any other purpose. {Royal Caribbean International, Celebrity Cruises or Azamara Club Cruises} reserves the right to reject any cruise certificate that has not been expressly authorized by {Royal Caribbean international, Celebrity Cruises or Azamara Club Cruises}. {Travel Agent name} is not affiliated with, nor is an agent of {Royal Caribbean, Celebrity Cruises or Azamara Club Cruises} and is solely responsible for this offer."
2. Cruise Certificates, promotional offers, gift certificates, vouchers and coupons shall at all times comply with Section 2 herein of these Guidelines.
3. Cruise Certificates must be made available to consumers prior to purchase.
4. RCL reserves the right to demand cancellation of any Cruise Certificate program which fails to meet its guidelines and requirements or by which Travel Agent fails to meet a minimal standard of customer service.
5. RCL approval of any Travel Agent program shall not be considered as an endorsement of Travel Agent program or any information contained therein or an opinion by RCL that Travel Agent's program is in compliance with applicable law, rules or regulations or does not infringe or violate any third party rights.
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4.6 Contests or Sweepstakes
Travel Agent shall have no right to use RCL's Property, including images, logos and trademarks, in any sweepstake or contest without the express prior written authorization of RCL. Sweepstakes approved by RCL shall stipulate the following: (Travel Agent name) is the Sponsor of this <sweepstake/contest>, is not affiliated with, nor an agent of <Royal Caribbean International, Celebrity, Azamara>, and is solely responsible for all aspects of this promotion.
1. Travel Agent created sweepstakes shall clearly indicate that the promotion is provided by Travel Agent and not endorsed or sponsored by RCL.
2. The foregoing statement shall be conspicuously stipulated in the promotional rules and in a sufficiently large font size as approved by RCL.
3. Promotions shall at all times comply with Section 2 herein of these Guidelines.
4. Promotional Rules must be made available to consumers prior to entry or purchase.
5. RCL reserves the right to demand cancellation of any Promotion which fails to meet its guidelines and requirements.
6. RCL approval of any Travel Agent Promotion shall not be considered as an endorsement of Travel Agent program or any information contained therein or an opinion by RCL that Travel Agent's program is in compliance with applicable law, rules or regulations or does not infringe or violate any third party rights.
4.7 Special Events
Travel Agents coordinating events shall not under any circumstances represent themselves as or in affiliation any of the RCL brands.
4.8 Travel Agent Guide
The RCL brands provide an annual publication of a Travel Agent Guide (TAG) which is a comprehensive collection of brochures and collateral pieces with tips and information for agents to sell RCL vacations. The publication is provided complimentary to Travel Agents. RCL shall not tolerate any effort by Travel Agent or any third party to sell or auction the TAG or any other form of RCL promotional material for a profit.
4.9 Flyers, Emails and Other Promotional Materials
From time to time RCL may provide collateral pieces such as flyers or html images for Travel Agent's use in promoting RCL brand vacations. These materials shall be distributed in their original form and RCL does not authorize Travel Agent to modify or otherwise alter such materials, extract or copy any photograph, image or content in whole or in part.
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ADVERTISING PRICING
5.1 Advertising Pricing
Travel Agency will at all times comply with the following Advertising Pricing Guidelines. These Advertising Pricing Guidelines applies to the offering for sale of RCL products via any advertising medium, including without limitation newspaper, direct mail, magazine, catalogs, flyers, TV, radio, e-mail, Internet, and/or Internet booking engine.
1. Approved Rates. Travel Agency will advertise only "Approved Rates" and must always include the non commissionable cruise fare portion of the cruise fare ("NCCF"), in the rate shown.
2. Advertising in any media must not contain any message that states, directly or indirectly, that Travel Agency will sell RCL products below Approved Rates, or at any special price, discount, or reduction not specifically authorized by RCL. Examples include, but are not limited to, "we will beat any price" and "call us for additional discounts."
3. The term "Approved Rates" shall mean:
i. The lowest available fare provided by RCL that is available to the general public; and
ii. Rates provided by RCL that are restricted to select guests that meet specified
criteria and offered in compliance with the terms of Section 3.8 of these Guidelines;
and
iii. Group Amenity Points (G.A.P.) and the value of a Tour Conductor may be
advertised to a closed audience with the exception of cash, credit or commission to
the Agent.
5.2 RCL Rates & Offers
Rates and offers promoted or advertised by RCL Rates & Offers are based on availability and are subject to change at any time. Promotions and offers are applicable to new bookings only within the specified booking window or promotional period, unless other wise noted with written authorization of RCL.
5.3 Rebate Policy
No agent or agencies may advertise, market, promote or sell below the Cruise Line's published or contracted pricing programs. A complete version of RCL's Rebate Policy is available at www.cruisingpower.com.
5.4 Complete Cruise Fare
It is a mandatory requirement of RCL to advertise the complete cruise fare, consistent with the definition contained in the Passenger Ticket Contract. Only government fees and taxes and fuel supplement may be listed separately. No reference may be made to NCCFs or "port charges" (or anything similar thereto) in Travel Agency's advertising or pricing statements.
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5.5 Fuel Supplement
If an ad contains a cruise fare, a fuel supplement notice must be included in accordance with the following formatting requirement:
1. Placed immediately above, beneath or next to the pricing, and above or before the standard disclaimer.
2. It may not be included as part of the standard disclaimer;
3. Formatted in a bold font and in a font size that is approximately the same size as the text of the ad, but in no event in a font size smaller than 7 point; and
4. Referred to as "Fuel Supplement". Do not use "surcharge" or any other descriptor.
5. The current required fuel supplement disclosure and standard disclaimer text is as follows: (Travel Agent should periodically check www.cruisingpower.com
for updated text as it is subject to change without notice at RCL's discretion)
Royal Caribbean International:
Royal Caribbean International reserves the right to impose a fuel supplement on all guests if the price of West Texas Intermediate fuel exceeds $65.00 per barrel. The fuel supplement for 1st and 2nd guests would be no more than $10 per guest per day, to a maximum of $140 per cruise; and for additional guests would be no more than $5 per person per day, to a maximum of $70 per cruise.
Celebrity:
Celebrity Cruises reserves the right to impose a fuel supplement on all guests if the price of West Texas Intermediate fuel exceeds $65.00 per barrel. The fuel supplement for 1st and 2nd guests would be no more than $10 per guest per day, to a maximum of $140 per cruise; and for additional guests would be no more than $5 per person per day, to a maximum of $70 per cruise.
Azamara Club Cruises
Azamara Club Cruises reserves the right to impose a fuel supplement on all guests if the price of West Texas Intermediate fuel exceeds $65.00 per barrel. The fuel supplement for 1st and 2nd guests would be no more than $15 per guest per day, to a maximum of $200 per cruise.
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5.6 Government Taxes & Fees
Government taxes and fees may include any and all fees, charges, tolls and taxes imposed by U.S. and/or foreign governmental or quasi-governmental authorities including, but not limited, to U.S. Customs fees, head taxes, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, air taxes or hotel VAT taxes incurred as part of a land tour, immigration and naturalization fees and Internal Revenue Service fees, whether assessed on a per Passenger, per berth, per ton or per vessel basis. In the case of per ton or per vessel assessments, those assessments will be spread over the Passenger capacity of the ship. Government taxes and fees are subject to change and Carrier reserves the right to collect any increases in effect at the time of sailing even if the fare has already been paid in full. Under no circumstances shall a Travel Agency increase, decrease or modify the amount of Government Taxes and Fees associated with any RCL bookings.
5.7 Savings Certificate Program
Discounts off the cruise fare known as "Savings Certificate" Program or "Dollars Off" discount, cannot be promoted as direct reduction of the cruise fare. Travel Agencies must advertise or promote the lowest available fare and expressly state the amount of the additional discount. For example, a cruise rate of $999 with a $200 saving certificate or dollars off discount must be advertised and promoted as $999 plus receive an additional $200 savings. This discount cannot be promoted or advertised as $799. The rates must match the lowest available fares as shown in the reservation system.
5.8 Onboard Credit Offers
Unless otherwise specified, all Onboard Credit offers are not redeemable for cash and any unused amounts will expire at 10pm on the last night of the cruise.
5.9 Non-Combinability Restrictions.
Agencies must adhere to any non combinability restrictions as stated in the terms and conditions of offers and promotions.
5.10 Cruise Certificates
Cruise certificates (strategic, perishable or future cruise certificates) issued by RCL cannot be reused or sold to another party. Cruise certificates must be used by the specified expiration date. Other terms and conditions are also included on the cruise certificate.
5.11 Royal Incentive Rewards Certificates
Royal Incentive Rewards Certificate purchases are to be sold to clients who will be utilizing the certificates for incentive programs, contests, sweepstakes, loyalty programs, traffic builders, raffles, silent and/or live auctions. Certificates are not to be purchased in any quantity and resold to the vacationing public. All purchasers must complete an Order Form identifying the client and program associated with the certificate purchase.
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ONLINE ADVERTISING AND INTERNET GUIDELINES
6.1 Purpose
The following guidelines apply to web sites, web pages and the use of the internet by Travel Agents for marketing and displaying travel services.
6.2 Paid Search Guidelines
The Paid Search Guidelines apply to Travel Agencies that utilize paid search advertising services like Google AdWords, Yahoo Search Marketing or Microsoft adCenter/Bing to send users directly to the Travel Agent's or a third party's website. Guidelines pertain to correct spelling and misspellings of RCL's brand names, ship names and trademarks.
6.3 Paid Search Creative Execution
When using paid search services that incorporate RCL brand names, ship names or other RCL trademarks, the Travel Agency:
1. Cannot use the words "discount cruises" or "discounts" in paid search advertising copy. Words such as, "value", "deals", "savings" and "specials" are permitted.
2. Cannot use any variation that connotes "% off" or "percentage off" unless:
a. The percentage included accurately represents percentage off discounts then
currently available through the respective brand's pricing; and
b. The eligible sailings are on the landing page linking directly from the advertisement.
3. Cannot use the words "Official Site" in paid search copy.
4. Cannot use the name "RoyalCaribbean.com", "AzamaraClubCruises.com", "CelebrityCruises.com" or any variation in a paid search ad. If using keyword insertion and/or bidding on "RCL", "Azamara", "Celebrity" or similar term, you must add the ".com" as a negative term.
5. We recommend that Travel Agents align their price messages with the cruise line's corporate price messaging. For example, if RCL is listing all prices on a per day per person basis, we recommend that the Travel Agents do the same.
6. Travel Agents cannot use the root URL of RoyalCaribbean.com or RoyalCaribbean.net (or alternatives with Azamara or Celebrity) in a display URL (i.e. in the final line of search copy). An example of an acceptable use is "websitename.com/azamara", but the following is not an acceptable use: "celebrity.websitename.com".
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6.4 Linking Destination
Linking destination (Landing Pages) for online advertising, including email marketing:
- Must be a dedicated RCL International, Azamara Club Cruises or Celebrity Cruises Inc. page.
- Should not have any other cruise, vacation or travel company brand names, offers, itineraries or logos.
- The landing page cannot sell competitor offers.
- Back button must be enabled.
- If drop down menus or search widgets are used the drop down menus must default to RCL brand, offers, destinations, etc.
- Landing pages must clearly indicate above the fold that the travel agent/agency is the web site owner or operator.
- The look and feel of the landing page must not be confusingly similar to the RCL International website.
6.5 Domain Names and URLS
Travel Agency shall not use any RCL property or any variations thereof whereby any characters or symbols within such RCL property are reversed, replaced or inserted ("Typos") in any part of a domain name, URL path or sub domain without the express prior written consent of the respective brand's Sr. Vice President of Sales. In the event Travel Agent owns or controls a domain name that contains RCL's Property or any variation thereof, including Typos, Travel Agent shall promptly assign all right, title and interest in the domain name to RCL via a domain name register designated by RCL. Travel Agent shall bear all costs and expenses, including any legal fees incurred by RCL in this regard. Additionally, at RCL's request and within ten (10) days, Travel Agent shall produce a list of all domain names, sub domains and URLS then owned by or under Travel Agent's control which contain RCL Property or any variation thereof, including Typos.
6.6 Search Engines
The following requirements shall apply to web sites and web content owned by or under the control of Travel Agent:
a. Meta data and title tags: Travel Agent websites shall under no circumstances pose itself as an "Official RCL (Royal Caribbean international, Celebrity or Azamara Club Cruises) site" or in any manner suggest sponsorship or endorsement by RCL by use of key words in the meta data or title tags. Travel Agent websites shall not utilize excessive repetition of RCL's Property or anything substantially similar to RCL's Property or Typos as keywords (keyword stuffing) within any meta data or site content for the purpose of skewing search results.
b. Deceptive redirects ("cloaking"): Travel Agent websites shall not present one type of page content to the search engine's to achieve rankings on an RCL related search but then re-direct users to another page that contains different or unrelated content or content that is not in compliance with these Guidelines.
c. Hidden or Invisible Text: Travel Agent websites shall not place text containing RCL's Property or Typos on a page that is the same background color or otherwise hide text containing RCL's Property, anything substantially similar to RCL's Property or Typos including the use of RCL's Property or Typos as alternative text for images or in the <alt> html tag, causing it to be hidden from the viewer but not from search engine spiders.
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6.7 Mobile Marketing Guidelines
Mobile web sites and advertisements must adhere to all guidelines in this document.
1. The look, feel and name of mobile web sites, applications and tools which can be downloaded to a phone (games, maps, guides, video content, etc.), text, multimedia messaging services and mobile banner ads must not be confusingly similar to RoyalCaribbean.com, CelebrityCruises.com, AzamaraClubCruises.com or any other company owned RCL asset or application.
2. Travel Agents should not develop or launch any application with Royal Caribbean, Celebrity Cruises, Azamara Club Cruises or a confusingly similar name in the title.
3. All mobile web sites, applications, messages and advertisements must clearly indicate that the travel agent/agency is the owner or operator.
6.8 Travel Agent Websites Each web page in a Travel Agent website must clearly indicate that Travel Agent is the website operator and display the Travel Agent name prominently on every page in the website. Should Travel Agent develop a website for any third party private use, the third party website user must be identified in the website consistent with the foregoing. Travel Agent is not authorized to make any statement, express or implied, that the website is an "Official RCL (Royal Caribbean International, Celebrity Cruises or Azamara Club Cruises) site"; that Travel Agent or the party that Travel Agent developed a website for is an official RCL agency or that RCL has associated with or endorsed Travel Agent or its website.
6.9 Website Content
For the purpose of marketing RCL products in accordance with these Guidelines (Content), Travel Agent shall obtain RCL's Property from material expressly provided for such purposes from the image library located at www.cruisingpower.com (Royal Caribbean, Celebrity Cruises, Azamara Club Cruises).
Travel Agent may not download or copy any of RCL's Property from any other website, including other RCL websites or pages, or use RCL's Property for any other purpose. Travel Agent's approved use of Property by RCL shall be subject to these Guidelines and the following conditions:
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1. All consents provided by RCL in these Guidelines are expressly limited to Travel Agent's use and activity directly related to promotion of RCL cruises and travel services.2. No other use or activity utilizing RCL Content shall be permitted without prior written consent of RCL.
3. Travel Agent shall not alter any Content in any manner except with RCL's written consent.
4. Travel Agent shall not use Content in any manner that implies RCL has sponsored or endorsed Travel Agent or its business, services or products.
5. Travel Agent shall not use terms such as "our" or "us" when referring to Content owned by RCL.
6. Travel Agent shall not use Content in any manner which:
1. RCL in its sole discretion deems to undermine or disparage RCL, its brands,
services and products, or
2. is in connection with products and services of an RCL competitor
7. Use of Content by travel Agent must be in accordance with all applicable local, state, national and international laws, statutes, rules and regulations and must not violate any third party rights.
8. The consents granted to Travel Agent under these Guidelines are subject to:
a. RCL's right to require Content to be removed from Travel Agent's website at
any time; and
b. Travel Agent shall be in compliance with Section 2 of these Guidelines
c. RCL's failure to exercise any of its rights hereunder or otherwise in connection
with Travel Agent's website shall not be construed as a waiver of any rights
d. No consents or approvals granted under these Guidelines by RCL to Travel
Agent are assignable.
9. Specifically excluded from the consents provided by RCL in these Guidelines are any photographs and other content that are not available for download from the image library located at www.cruisingpower.com.
10. In its use of RCL Content, Travel Agent acknowledges the Content is provided AS IS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL RCL BE LIABLE FOR TRAVEL AGENT'S USE OF THE CONTENT OR OF ANY ERROR, FAILURE, DEFECT OR DELAY IN TRAVEL AGENT'S ABILITY TO ACCESS OR USE THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM SAME, EVEN IF RCL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RCL'S LIABILITY TO TRAVEL AGENT FOR USE OF THE CONTENT EXCEED THE AMOUNTS, IF ANY, TRAVEL AGENTPAID TO ACCESS THIS RCL DOWNLOAD WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING EXCLUSIONS AND LIMITATIONS SO THEY MAY NOT APPLY.
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6.10 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, MySpace, LinkedIn), blogging website (e.g. BlogSpot.com, WordPress.com, etc.), video website (e.g. YouTube), or any other website operated by a third party, directly or indirectly controlled or posted by Travel Agent (collectively, "Social Media Websites"). Travel Agents should clearly identify themselves as such and not in any manner indicate an affiliation or endorsement from RCL. Additionally, Travel Agent shall not use RCL's Property or anything substantially similar or Typos in any username, profile name or similar for any Social Media Website or display or otherwise use any of RCL's Property or Typos in any page, post, application or advertising on any Social Media Website without RCL's prior written approval.
6.11 Spyware & Other Automated Tools Travel Agent's use of online software applications that are referred to as "spyware", "adware" or "malware" or that extract data or content from any RCL website shall be subject to the following:
1. Travel Agent shall not use or download to a user's computer any spyware, adware or malware or similar tool or toolbars or other navigational elements that integrate with or frame any RCL website and are designed to divert traffic from any RCL website.
2. Travel Agent shall not "screen scrape" (evaluate and extract information from a web page through the use of software or programs) or use any data mining, robots or similar automated data gathering, extraction and/or analysis tools on any web or database connected thereto. Exceptions may be granted with the prior written consent of RCL.
6.12 Violations of the Online Advertising & Internet Guidelines RCL reserves the right in addition to all other enforcements or actions available to take the following steps in response to any violations of the Online Advertising and Internet Guidelines:
1. Violation of Paid Search requirements: As directed by RCL, Travel Agent must disable non-conforming links, ads or web pages or make appropriate changes to each ad, link, ad text, ad title or web page.
2. Violation of Site Content requirements: As directed by RCL, travel Agent shall revise and/or change its web site.
3. Violation of Domain Name, sub domain and URL requirements: In lieu of assigning such domain as per Section 6.5 herein, as directed by RCL Travel Agent shall disable any non-conforming sub domain or URL.
4. Violation of Social Media requirements: As directed by RCL, Travel Agent shall disable or transfer to RCL any non-conforming username, account name, profile name, page name, etc. and disable any page, post, application or advertising (as permitted by the operator) on any Social Media website.
5. In lieu of the foregoing and in response to flagrant or egregious violations of the Online Advertising & Internet Guidelines, RCL in its sole judgment reserves the right to take the following actions to include but not be limited to i) termination of co-op marketing funds, ii) reduction or revocation of commission, iii) placement on "no book" status, and iv) legal action.
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CROSS BORDER SELLING
(Royal Caribbean International and Celebrity Cruises)
Background
Most multinational companies recognize that the rules for hiring an employee in, for example, the United Kingdom, may differ significantly from those that apply when hiring an employee in China or Mexico. The explosive growth of the Internet now allows travel agents and tour operators ("Travel Intermediaries") based physically in a single country to reach out to guests on a multi-national basis. However, the lack of a physical presence in a country does not mean that transactions between a website and a consumer in that country are not subject to the laws of the country in which the consumer resides. For example, a number of travel agencies that only operate Internet websites nevertheless register as sellers of travel in California in part because consumers there can book cruises or air from that travel agency's website.
In addition, each Cruise Line's cruises and services are not sold under a single worldwide set of terms and conditions. Our passenger ticket contracts, cancellation policies, advertising policies and a number of other important factors can vary from country to country. Each of our Offices (and each member of our IR network) is responsible for customers and Travel Intermediaries operating in a specific geographic territory. Each Office and IR authorizes Travel Intermediaries to market and take booking requests from guests in the territory covered by that Office or IR.
Purpose of This Policy
This policy is designed to provide Travel Intermediaries with a straight forward answer to the question: can I market to and take booking requests from customers who are outside of the territory (or territories) that I have been authorized to operate in by the Cruise Lines (the "Authorized Territories")?
Currently, our policy can be summarized as follows.
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Principle 1: Only Take Bookings From Guests in a Territory for Which You Are Authorized.
a. Each Office only authorizes a travel agency to market and take booking requests from customers located in the country (or countries) assigned to that Office.
- For example, the Office in Miami, Florida USA only authorizes travel agencies to market and book cruises for customers located in the fifty states of the United States of America and Canada. So a travel agency that has signed up with the Cruise Lines' Office in Miami is not authorized to take a booking request from a customer in London unless that travel agency had also signed up with the Cruise Lines' Office for England.
- Travel agencies:
1. cannot market cruises to guests booked outside their sales territories,
2. must be clear that any international toll free numbers the travel agency uses, whether in printed materialsor on-line collateral materials that are marketingour brands must clearly and conspicuously disclose that those numbers cannot be used for booking our cruises, unless the travel agency has permission from an office or an IR market; and
3. are expected to obtain the information needed to determine at the time of booking whether the travel agency can take the booking.
b. Similarly, each Cruise Line only authorizes an International Representative ("IR") to sign up travel agencies to market and taking booking requests from customers located in a designated country. For example, the International Representative for Japan can only authorize travel agencies to market and take bookings from customers located in Japan. To earn a commission on a booking, the travel agency will need to register with the applicable Cruise Line Office or International Representative responsible for managing the country in which the customer for that booking resides. Each Office reserves the right to refuse to pay or to reclaim any commissions paid for bookings to guests outside of the travel agency's authorized territory. The foregoing is without prejudice to any other rights or remedies that the Office may have. (IRs may reserve that right as well.)1
Principle 2: Comply With All Applicable Laws and Prices and Terms and Conditions for the Territory.
a. Every travel agency is expected to comply with all applicable laws and to indemnify the Cruise Lines in the event of claims that arise from the travel agency's failure to comply with such laws.
- For example, if you are selling to a guest in the UK, if the law requires the travel agency to be licensed in the UK and to participate in their bond program for travel agencies, the travel agency must comply with those requirements.
- As another example, while a travel agency in Mexico may advertise cruises in US dollars, it may be required under Mexican law to allow the customer to pay in Mexican pesos.2
b. The terms and conditions, prices and other matters established for a specific country may not be offered to guests residing in another country without the express written consent of the Office responsible for that specific country.
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Principle 3: The Guest's Home is the Key.
a. We recognize that determining where a person lives can be complicated so we currently use a single basic principle: Your Home is the Key. If the guest has a residence in a country in which the travel agent is authorized to sell, the travel agency is authorized to sell to the guest. If the guest has a UK passport but only resides in France, only travel agencies authorized to sell in France are authorized to sell to that guest.
Principle 4: Support Easy to Do Business With.
a. Travel Intermediaries are free to register with as many different Offices or IRs as they want.
b. We don't have the ability to offer travel agencies anywhere in the world the ability to sign up with one Office or International Representative and sell to guests anywhere in the world.
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1Individuals who are legitimately dual residents generally can book with a travel agency in either of their resident countries but, depending on the facts, this general rule may not always apply.
2 The foregoing are just illustrative examples and don't constitute legal advice regarding the requirements of any country. Determining what laws apply and complying with those laws remain the responsibility of the travel agency.
Violations
Bookings made in violation of the Cross-Border Selling Policy will be subject to a reduction in or elimination of the base commission paid by the Cruise Lines and/or such other consequences, including but not limited to, the elimination of other types of commissions for that booking or the exclusion of the revenue associated with that booking in making any incentive or override payment calculations, as determined by the applicable Cruise Line. The foregoing shall not waive any other right or remedy available to the Cruise Line for violation of the Cross-Border Selling Policy.
General
Any and all other Cruise Lines policies and guidelines shall remain unaltered unless otherwise stated herein. This Policy is subject to change by the Cruise Lines without notice and may be void or altered where prohibited by or restricted by applicable law.
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LEGAL - Part 1
7.1 Appropriate Communications
RCL does not permit the sending of outbound prerecorded telephone messages of any materials promoting RCL brands or making outbound telephone calls to any person who has been listed on a federal, state, local or Travel Agent specific "do not call" list. Travel Agent agrees that all communications relative to the promotion of RCL whether via phone, fax, email, text message, third party website or any other means shall be in compliance with applicable legal requirements and industry practices.
7.2 Warranty of Compliance
Travel Agent 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. Accordingly, Travel Agent agrees to indemnify RCL and its officers, directors, employees and affiliates from any and all losses, liabilities, claims, damages, costs, expenses as well as reasonable attorney fees arising out of or in connection with any and all violations of this Section 7. Furthermore, Travel Agent warrants that all use of RCL's Property used to market and sell RCL cruises and vacation services shall be in compliance with applicable federal, state and local laws and regulations.
7.3 Americans With Disabilities Compliance
RCL is subject to the requirements of the U.S. Department of Transportation Final Rule 'Transportation for Individuals with Disabilities: Passenger Vessels', 49 Code of Federal Register Part 39 (the "ADA Rule"). The rule is intended to ensure nondiscrimination of guests by passenger cruise lines on the basis of disability in accordance with the Americans with Disabilities Act. Under the terms of the ADA Rule, RCL must ensure that any person or entity that is a U.S. travel agent that offers, books or sells cruises on RCL's vessels meets the applicable requirements of the ADA Rule to the same extent as if RCL was providing the service itself. Accordingly, and as an express condition of these Guidelines, Travel Agent hereby represents that it is familiar with the requirements of the ADA Rule as they apply to its services and hereby covenants and agrees that; (1) it shall comply with all applicable provisions of the ADA Rule when providing services to RCL's guests or providing services that affect RCL's guests or when performing services as a U.S. travel agent on behalf of guests or prospective guests of RCL; and (2) it shall implement any directives issued by those persons RCL designates as its experts in compliance with the requirements of the ADA Rule who are tasked with the authority to resolve guest complaints (the 'Complaints Resolution Officials'). Failure by Travel Agent to comply with the foregoing shall constitute a material breach by Travel Agent of these Guidelines, and Travel Agent shall indemnify and hold RCL harmless from any and all claims, costs, expenses and liabilities suffered by RCL as a result of such noncompliance.
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LEGAL - Part 2
7.4 Anti-Bribery
Travel Agent has not taken, and will not take, any action in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, gift or of anything of value, directly or indirectly, to any government official or private person, or demand or accept the foregoing for the benefit of: (1) influencing, inducing or rewarding any act or decision by such person or by Travel Agent to do or omit to do any act in violation of his or her lawful duty, (2) influencing, inducing or rewarding the improper performance of a relevant function or activity by such person or by Travel Agent , (3) securing any improper advantage for such person or Travel Agent, (4) inducing such person or Travel Agent to use his or her influence with any governmental or private entity to affect any act or decision of the entity for the benefit of Travel Agent's business. For the avoidance of doubt, (i) the term "government official" includes any (1) officer or employee of government, department, agency, or instrumentality of a government (government-controlled enterprise), (2) public international organization or person acting in an official capacity, (3) political party or party official, (4) candidate for political office; and (ii) the practices prohibited hereunder include making facilitation payments or "grease payments" to government officials to expedite routine non-discretionary government action (e.g. processing permits, visas and licenses, scheduling inspections, clearing customs, etc.).
7.5 Customer Information
Customer Information shall include but not be limited to the names, addresses, email addresses, telephone numbers (business, home, cell), travel preferences and requirements, age or date of birth, and any other information provided by customers to their Travel Agent for the provision of services governed by these Guidelines. Travel Agent shall include in its privacy policies a notice to its customers that it is sharing Customer Information with RCL, who may use this information for its own purposes. Travel Agent shall further ensure that all Customer Information in its possession in any format is used solely in compliance with Travel Agent's applicable privacy policies as well as all applicable laws, regulations and industry guidelines. Travel Agent shall further warrant the following: (i) it complies with all applicable laws (e.g. California's "Shine the Light" law) when using Customer Information and, (ii) that all Customer Information shall be maintained in a secure location and on a secure network with limitations on physical and electronic access (using passwords or encryption technology, (iii) Travel Agent shall maintain a written policy and train employees how to comply with the obligations stipulated herein, and (iv) Travel Agent will otherwise protect Customer Information from unauthorized access, destruction, use, modification and disclosure.
Travel Agent shall be fully and solely responsible for its security of Customer Information. In the event of a suspected security breach of such information, Travel Agent shall immediately notify RCL of the suspected breach and shall bear all costs and expenses relative to the breach, including but not limited to the cost of notifying all affected customers, the costs incurred by RCL (including legal fees) associated with the security incident and all damages, fines or penalties associated with or arising from such breach.
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LEGAL - Part 3
7.6 Cruise Ticket Contract
The Cruise Ticket Contract sets forth the terms and conditions which govern all cruises and the booking thereof and is incorporated by reference in these Guidelines. Travel Agent should familiarize itself with the Cruise Ticket Contract as it governs the legal rights of all passengers relative to cruise cancellation, provision of medical services, privacy rights, RCL's liability and the passenger's ability to bring a claim. Should any conflict arise between the brochures or communications relative to any booking, the Cruise Ticket Contract shall prevail. The Cruise Ticket Contract is available for reference on www.cruisingpower.com
7.7 eDocs
RCL operates under a paperless system which provides passengers online access to their travel documents. For all North America Travel partners, Royal Caribbean International, Celebrity Cruises and Azamara Club Cruises will generate eDocs as the default format for guest travel documentation. Printed documents are available upon request for a fee of $35 per Celebrity Cruises or Royal Caribbean International document and complimentary for Azamara Club Cruises document. Travel Agent shall be responsible for familiarizing itself with the information concerning reservations, tours, cancellation charges, and travel & health documents and agrees to inform booked passengers about RCL's eDocs system and how to access the online portal, which includes the terms and conditions of passage. Travel Agent agrees to be bound by all applicable terms as set forth therein.
7.8 Notification of Changes
RCL reserves the right to change, whether via an increase or decrease, any published rates, including cruise rates and airfare charges without prior notice. RCL reserves the right to impose on any existing booking or new bookings (whether paid in full or not) a supplement for fuel (as referenced herein Section 5.5) or other matters without prior notice as provided in the Cruise Ticket Contract. In addition, RCL reserves the right to pass through any third party imposed fuel or other surcharges, also without prior notice. The guest will remain liable for any applicable taxes, fees or surcharges that may be assessed by any government or quasi-governmental agencies.
7.9 Third Party Operators
Travel Agency acknowledges that cruise tours, land tours and shore excursions sold by RCL are often provided by third parties and RCL 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 RCL. Even though RCL may collect a fee for, or otherwise profit from, making such arrangements and offers for sale shore excursions, tours, hotels, restaurants, attractions, elements of the RCT Land Tour packages that are provided by independent contractors and other similar activities or services taking place off the Vessel for a profit, 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 RCL 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.
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LEGAL - Part 4
7.10 Consent
The consents given by RCL in these Guidelines may be revoked by RCL at any time, with or without cause and with or without prior notice. Furthermore, upon revocation, Travel Agent agrees to cease any activity being conducted by it in reliance upon such previously granted consent.
7.11 Violation of Guidelines
Notwithstanding the specific provisions of Section 6.11, in the event of any violation of these Guidelines, RCL 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 co-op funding or reducing commission. Notwithstanding the foregoing, RCL reserves the right at any time to place Travel Agent on "no-book" status without additional notice if Travel Agent in response to any egregious or flagrant violations of any of the provisions of these Guidelines.
7.12 Controlling Agreement
To the extent any of the terms and conditions in these Guidelines is in conflict with the terms of Travel Agent's current agreement with RCL, the terms of Travel Agent's current agreement will control.
7.13 Waiver
If RCL fails to act with respect to Travel Agent's breach or anyone else's breach of these Guidelines on any occasion, RCL does not waive any rights to act with respect to future or similar breaches.
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