UNLIMITED SAILINGS
THROUGH 2024

Margaritaville at Sea® Pass Terms and Conditions

These terms and conditions apply to the purchase and use of a Margaritaville at Sea® Paradise Pass (“Pass”). By purchasing a Pass, you agree to become a Margaritaville at Sea® Paradise Pass holder (“Passholder”) and must comply with these terms and conditions, as well as any other applicable terms, conditions or agreements, including but not limited to, the Cruise Ticket Contract and Terms and Conditions of Use and any applicable terms of payment.  In the event of any conflict between those other applicable terms and conditions and these Margaritaville at Sea® Paradise Pass Terms and Conditions, including with respect to the Pass Binding Arbitration Agreement and Class Action Waiver below, these Margaritaville at Sea® Paradise Pass Terms and Conditions govern. By purchasing a Pass, you are purchasing a limited license to sail on Margaritaville at Sea’s ® vessel. From time to time or at any given time, additional information concerning cruise reservations available to Passholders may be available on the Paradise Passholder information webpage. (“MVAS Annual Pass Details”). The terms, conditions and limitations described on the MVAS Paradise Pass Details web page are incorporated herein by reference and apply to each Passholder booking a cruise on Margaritaville at Sea’s® vessel.

PLEASE REVIEW CAREFULLY. THESE TERMS INCLUDE A TIME LIMITATION TO BERING CLAIMS, CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT TO RESOLVE DISPUTES IN ARBITRATION. DETAILS ARE SET FORTH IN SECTION 5.0 BELOW.

1.0 Purchasing a Pass. Guests who are 18 years or older and a U.S. resident are eligible to purchase a Pass by calling the following number: 1.800.814.7100, subject to availability for the purchase price listed on the MVAS Annual Pass Details found at the Margaritaville at Sea® website (www.margaritavilleatsea.com) (the “Website”), exclusive of booking fees, taxes, fees, and port expenses, gratuities, fuel supplements, and any onboard expenses. There are a limited number of Passes available.

1.1 Additional Fees and Expenses Not Included in Pass. At the time of booking a cruise with a Pass, the Passholder will be responsible for paying the prevailing booking fee per stateroom, plus taxes, fees, and port expenses per passenger. Passholders are also responsible for paying (1) gratuities per night for each guest, which are the sole property of Margaritaville at Sea® to use however it sees fit in its sole discretion, (2) a fuel supplement per night for each guest, (3) mandatory valet parking at the Port of Palm Beach, and (4) any and all onboard expenses. Margaritaville at Sea® reserves the right to adjust these fees and expenses in its sole discretion. All updated fees and expenses can be found on MVAS Annual Pass Details webpage on the Website.

1.2 Pass Term and Renewal. The Pass is only valid annually from November 1, 2023 through December 31, 2024. Passes expire at 11:59 p.m. on December 31, 2024. Passholders may have the option to auto-renew their Passes.

2.0 How and When to Book.  Passholders must book their cruise between seventy-two (72) to twenty-four (24) hours before sailing. To book and travel on a Margaritaville at Sea® cruise, each Passholder is required to have both a booking and a Pass valid for admission to the vessel for the same dates on which he/she plans to cruise.  Call 1.800.714.8100 to check availability on the requested cruise date and complete your booking. Passholders must sail with a guest in the same stateroom. Passholders cannot book a cruise with the Pass if the Passholder is sailing as a single passenger.

2.1 What is Included in the Pass. Passholders are eligible to book one (1) double-occupancy stateroom per booking on non-consecutive, round-trip, two-night sailings departing from and returning to the Port of Palm Beach on the Margaritaville at Sea Paradise during valid dates throughout the duration of their Pass term. The Pass is only valid from November 1, 2023 through December 31, 2024. Cruise bookings must be non-consecutive meaning Passholders cannot book two cruises back-to-back. Bookings for Passholders are subject to the availability of booking allocations to Passes as determined by Margaritaville at Sea®, applicable Pass blackout dates, vessel capacity, charters, and published operating schedule. Pass bookings are for Ocean View and Inside Staterooms only subject to availability at the time of booking. Passholders are required to have at least one (1) additional guest in each reservation made using the Pass and, pursuant to Section 2.2. below, are not allowed to use the Pass to book individual sailings. Passholders will also have access to exclusive previews, invitations and events designed just for Paradise Passholders, which can be viewed on the MVAS Annual Pass Details webpage.

2.2 Pass Limitations. Passes are subject to the following limitations:

• Owning a Pass does not guarantee a cruise booking even on dates not subject to blackout;
• Margaritaville at Sea® is not obligated to make staterooms available to Passholders that are otherwise booked or available for booking in Margaritaville at Sea’s® sole discretion;
• Reservations for Passholders are available on a first come first serve basis;
• Passholders cannot book a cruise with the Pass if the Passholder is sailing as a single passenger and must sail with a guest in the same stateroom;
• Other restrictions, such as the time during which a Passholder may hold or make reservations and no-show rules, may apply, and may change from time to time in Margaritaville at Sea’s® discretion without notice or liability;
• Passes are not valid for one-way sailings or Cruise and Stay vacations;
• Pass bookings are for Ocean View and Inside Staterooms only based on availability at the time of booking;
• Passholder’s reservation is not transferable, such that Passholder must be on every booking made using the Pass and shall present valid identification at embarkation;
• Passes are void where prohibited by law;
• Passes are non-refundable and non-transferable;
• Only a Passholder can make a booking using the Pass, and the Passholder must be a guest on the reserved booking; and
• Passes cannot be used to book suites.

2.3 Blackout Dates. Pass blackout dates are dates on which a Pass is not valid for cruising and not eligible to make or hold any bookings. Blackout dates can be found on MVAS Annual Pass Details webpage before the purchase or renewal of a Pass.

2.4 Cannot Combine with Other Promotions and Offers. Bookings made with the Pass cannot be combined with any other offer or promotion.

2.5 Stateroom Assignments. Margaritaville at Sea® makes stateroom assignments for bookings reserved with the Pass in its sole discretion. Stateroom assignments may not be assigned until departure and may change at any time based on availability. Pass bookings are for Ocean View and Inside Staterooms only based on availability at the time of booking. Passes cannot be used to book suites.

2.6 Additional Guests. Passholders may book a 3^rd and 4^th guest on their reservation, however, the 3^rd and 4^th guest must pay applicable rates available at the time of booking for the selected sailing plus any and all other fees and expenses set forth in Section 1.1 above.

2.7 Additional Pass Benefits. Passholder will have the option for a free express pass upgrade on his/her first Paradise Pass sailing. Passholder will also have 10% off packages and excursions that are booked onboard and 10% off onboard retail purchases, excluding food, beverages, spa and casino purchases.

2.8 Transferability of Second Guest. Passholder is required to travel with at least one other guest on every booking made using the Pass. Passholder’s plus one guest is transferable, meaning that Passholders can have a different plus one guest on each sailing booked with the Pass. However, Passholder’s reservation is not transferable. Passholder must be on every booking made using the Pass and shall present valid identification at embarkation.

Section 3.0 Travel Documents. All Passholders and their guests must present at the Port at the time or embarkation valid Travel Documents required for sailing, including a valid U.S. Passport or State-issued Birth Certificate and Identification. Failure to present valid travel documents at the time of embarkation shall constitute a cancellation subject to Section 2.7 and Margaritaville at Sea’s® Cancellation Policy. For more information on required Travel Documents please visit the Website.

3.1 Cancellation Policy. Any cancellations of bookings reserved with a Pass and guests’ failure to arrive at embarkation after confirming booking may be subject to Cancellation Fees set forth in Margaritaville at Sea’s® Cancellation Policy, which is available on the Website. Guests’ failure to present valid travel documents required for sailing at the Port during embarkation shall constitute a cancellation subject to applicable fees as set forth in Margaritaville at Sea’s® Cancellation Policy on the Website.

4.0 General Terms.

4.1 Passes Non-Transferable, Non-Refundable. Passes are non-refundable and non-transferable. Only a Passholder can make a booking using the Pass, and the Passholder must be a guest on the reserved booking.

4.2 Void Where Prohibited. Passes are void where prohibited by law.

4.3 Reservation of Rights. Margaritaville at Sea®, in its sole discretion, reserves the right to implement blackout dates, which are sailing dates on which Passes may not be used. To the extent any blackout dates are implemented, this information will be available on the MVAS Annual Pass Details webpage on the Website. Margaritaville at Sea® reserves the right to change or cancel cruise reservation requirements at any time without notice or liability.

4.4 Agreement to be Bound by Cruise Ticket Contract. Any guest who purchases a Pass and books travel agrees to all Terms and Conditions of Margaritaville at Sea’s® Cruise Ticket Contract (“Ticket”) as a condition to sailing. The Terms and Conditions of the Ticket are available on the Website and are incorporated herein by reference.  By travelling with the Pass, guests agree to be bound by all such terms and conditions.

4.5 Agreement to be Bound by All Margaritaville at Sea’s® Policies. Passholders agree that he/she shall be bound by all of Margaritaville at Sea’s® policies and terms and conditions, including but not limited to, the Cancellation Policy, Guest Conduct Policy, and Website Terms of Use.

4.6 Modification. Margaritaville at Sea® reserves the right to make changes to these Pass Terms and Conditions at any time. Any amendment to these terms and conditions will be effective when posted on the Website. These terms and conditions do not amend or otherwise modify any other agreements Margaritaville at Sea® may have with a guest.

4.7 Assumption of Risk. A Passholder assumes all inherent risks associated with cruising and must obey all safety signage, instructions and rules. Margaritaville at Sea® is not responsible for lost or stolen Passes or property.

4.8 Cancellation, Suspension or Revocation of Pass. Margaritaville at Sea® reserves the right to cancel, suspend or revoke any Pass or otherwise deny booking or boarding to a Passholder at any time for any reason, including, without limitation, if they are violating any of Margaritaville at Sea’s® rules, regulations, and policies, including but not limited to its Guest Conduct Policy and Cruise Ticket Contract.

4.9 Consent to Use Image, Name, and Likeness. Boarding the cruise constitutes consent for Margaritaville at Sea® or its affiliates, parents, or subsidiaries, to use any film, video, image, or reproduction of the image and/or voice of a Passholder for any purpose whatsoever without any payment to the Passholder. A Passholder must abide by any rules and regulations applicable to the Margaritaville at Sea® or to the use of the Passes as promulgated by Margaritaville at Sea® from time to time.

4.10 No Refunds for Certain Cancellations or Closures. Cruises, restaurants, entertainment, products, services, offerings and items may be modified or limited in capacity or availability; are subject to change, closure, cancellation and discontinuance without notice due to rehabilitation,  charters, refurbishing, capacity, seasonal considerations, weather, low demand, government or other authority guidance or order, infectious disease restrictions, guidance from health experts, special events or any other reason without liability to Margaritaville at Sea® or its affiliates, parents, or subsidiaries; and are not guaranteed. No refunds or credit given for any such changes or cancellations.

4.11 No Cash Value. Passes have no cash value and cannot be redeemed for cash.

4.12 Right to Correct Errors & Change Fees. Margaritaville at Sea® reserves the right to correct any errors or omissions and to change any and all fees, surcharges, and offers at any time.

4.13 Passes Void Where Prohibited. Passes are void where prohibited by law.

4.14 Survivability. If any part of these Terms and Conditions is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

4.15 Section Headers. The use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.

4.16 No Waiver. The failure to require performance of any provision will not affect Margaritaville at Sea’s® right to require performance at any other time after that, nor will a waiver by Margaritaville at Sea® of any breach or default of these Terms and Conditions, or any provision of these Terms and Conditions, be a waiver of any subsequent breach or default or a waiver of the provision itself.

4.17 Force Majeure. Force majeure means unusual and unforeseeable circumstances or unpredictable events beyond Margaritaville at Sea’s® control, including, but not limited to, acts of God, flood, earthquake, storm, hurricane, drought adverse weather conditions; or other natural disasters), war or warlike operations, threat of war; invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities (actual or threatened); riots, civil commotions or disturbances, industrial disputes, labor difficulties, whether or not carrier is a party thereto, interference by authorities, requisitioning of the ship, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, allision, foundering of the ship, piracy, nuclear disasters, fire, epidemics, pandemics, public health concerns, health risks, nationalization, government sanction, no sail orders, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service and/or any unforeseen technical problems with the ship or other transport including changes due to rescheduling or cancellation or alteration of flights, closed or congested airports or ports; riot; civil strife; industrial dispute; technical problems or breakdown of machinery or equipment; outages or power failures; pandemics, epidemics or outbreaks of illness or any other cause whatsoever beyond the control of Margaritaville at Sea®. In the event of a cancellation or material alteration to the Cruise as a result of the circumstances as described above, Margaritaville at Sea® shall have no liability whatsoever for any travel related costs incurred by Passholder, including but not limited to, air, insurance, visas and other travel arrangements of any kind.

5.0 BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND WAIVER OF CERTAIN RIGHTS.

YOU AND MARGARITAVILLE AT SEA® EACH AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR PASS WILL BE RESOLVED BY BINDING ARBITRATION, WITH THE SOLE EXCEPTION OF CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT AS SET FORTH BELOW.

YOU ACKNOWLEDGE THAT YOU AND MARGARITAVILLE AT SEA® ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A JURY TRIAL. YOU AND MARGARITAVILLE AT SEA® ALSO AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES. YOU AND MARGARITAVILLE AT SEA® THEREFORE AGREE TO WAIVE ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIMS AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION.

Neither you nor Margaritaville at Sea® may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim in any state or federal court. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Margaritaville at Sea® individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MARGARITAVILLE AT SEA® WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

The arbitrator will have the exclusive authority to resolve any dispute relating to the formation, interpretation, applicability, or enforceability of these terms and conditions including this binding arbitration provision, including the arbitrability of any dispute and any claim that all or any part of this binding arbitration provision is void or voidable. However, if Margaritaville at Sea® believes that any claim you have filed in arbitration or in court is inconsistent with this agreement’s limitation on class and representative actions, then you agree that we may seek an order from a court determining whether your claim is within the scope of the class action waiver.

In the event of a dispute, you agree to send a notice of dispute, which is a written statement that sets forth your name, address, and contact information; the facts giving rise to the dispute and relevant documents; and the relief requested to Margaritaville at Sea® at 431 Fairway Drive, Suite 300, Deerfield Beach, FL 33441, Attention: Kevin Sheehan. Margaritaville at Sea® will send any notice of dispute to you at the contact information that they have for you. You and Margaritaville at Sea® agree to attempt to resolve the dispute through good-faith negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or Margaritaville at Sea® may commence an arbitration or small-claims-court proceeding.

You or Margaritaville at Sea® may assert claims in small claims court instead of in arbitration if the claims qualify. Additionally, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or Margaritaville at Sea® may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the claim should proceed in arbitration.

If Margaritaville at Sea® and you do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a single neutral arbitrator whose decision will be final. Arbitration will be administered by the American Arbitration Association (AAA) under the AAA’s rules, which are available at www.adr.org or by calling 1-800-788-7879. Payment of all filing, administrative and arbitrator fees and costs will be governed by the AAA’s rules. You are required to pay the AAA’s initial filing fee if you initiate the dispute, but Margaritaville at Sea® will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules, and Margaritaville at Sea® will not reimburse your initial filing fee and may seek applicable fee-shifting. Arbitration may be conducted in person, through the submission of documents, by phone or online. Proceedings that cannot be conducted through the submission of documents, by phone or online, will take place in Palm Beach County, Florida; provided, however, that if circumstances prevent you from traveling to Palm Beach County, Florida, AAA may hold an in-person hearing in your hometown area. Margaritaville at Sea® and you agree to submit to the exclusive jurisdiction of the federal or state courts located in Palm Beach County, Florida to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. The substantive law of Florida shall apply in the arbitration proceedings.

Except as provided above with respect to jurisdiction in Palm Beach County, Florida, nothing in this arbitration provision shall be construed as consent by Margaritaville at Sea® to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to this agreement.

This agreement to binding arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs its interpretation and enforcement. This agreement to binding arbitration will survive its termination. If any portion of this agreement to binding arbitration is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

This Pass Binding Arbitration Agreement and Class Action Waiver governs any dispute or claim relating to your Pass; to the extent there is a conflict between this Pass Binding Arbitration Agreement and Class Action Waiver and any dispute resolution provision of any other applicable terms, conditions or agreements, this Pass Binding Arbitration Agreement and Class Action Waiver governs.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE PARADISE PASS TERMS AND CONDITIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.