experience contract

IMPORTANT NOTICE TO GUESTS:

YOUR EXPERIENCE CONTRACT CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS. IT IS IMPORTANT THAT YOU CAREFULLY READ ALL TERMS OF THIS CONTRACT.

YOU ARE ESPECIALLY DIRECTED TO CAREFULLY READ AND UNDERSTAND SECTIONS 3, AND 10 THROUGH 12, AS THEY CONTAIN SIGNIFICANT LIMITATIONS ON YOUR RIGHTS TO ASSERT CLAIMS FOR PERSONAL INJURIES, ILLNESS OR DEATH, AND BAGGAGE AND PERSONAL PROPERTY LOSS OR DAMAGE, AGAINST RARO, LLC, RELATED ENTITIES AND THEIR OFFICERS, AGENTS AND EMPLOYEES, INCLUDING TIME LIMITS AND FORUM FOR CLAIMS AND SUITS, APPLICABLE LAW, ARBITRATION, AND WAIVER OF JURY TRIAL, CLASS ACTIONS AND IN REM PROCEEDINGS.

GUEST IS FURTHER DIRECTED TO PAY CLOSE ATTENTION TO SECTION 4.

1. INTRODUCTION:

This Experience Ticket Contract (the “Contract”) describes the terms and conditions that will apply to the relationship between the Guest (as defined in Section 2.g below) and RARO (as defined in Section 2.b below) for the Experience covered by this Agreement. Except as otherwise expressly provided herein, this Agreement supersedes any other written or oral representations or agreements relating to the subject matter of this Agreement or the Experience. In addition, RARO’s policies and procedures relating to COVID -19 (“COVID-19 Policies and Procedures”) are described generally in Section 4 and elsewhere herein. RARO reserves the right to change or modify these policies as required by governmental agencies and health authorities in the U.S. and the destinations visited.

Purchase or use of this Contract, whether or not signed by the Guest, will constitute the agreement by Guest, on behalf of himself/herself and all other persons traveling under this Contract (including any accompanying minors or other persons for whom the Contract was purchased), to be bound by the terms and conditions of this Contract. This Contract cannot be modified except in a writing signed by a corporate officer of RARO. In addition, Guest acknowledges the availability of and Guest agrees to abide by the terms and conditions.

2. DEFINITIONS:

a. “Agreement” or “Contract” means the terms and conditions set forth in this Contract together with the Fee due for Experience. Together, the items described in the preceding sentence will constitute an agreement between Guest and RARO for the Experience.

b. “Experience” means the specific Experience covered by this Contract, as the same may be modified and will include those periods during which the Guest is traveling to or returning from the Experience and those periods when the Guest is in the air or on the sea or other body of water.

c. “Fee” includes the amount due for the Experience, whether such amounts are owing and/or have been paid by the Guest, but does not include amounts due for other products or services such as air transportation, photographs, gratuities, telephone calls, or medical services which can be purchased separately, nor does it include government or quasi-governmental taxes and fees, whether assessed on a per Guest, per vessel, per berth or per ton basis, nor any fuel surcharges, security surcharges or similar assessments made by airlines, trains, buses, hotels or other third parties which are subject to change and are due and payable by Guest upon request. For Experiences that include air travel, airfare is included in the Experience Fee.

d. “Experience” will mean the combined vacation package officially published and offered by RARO.

e. “RARO Operator” means the entity identified in Section 20 below.

f. “Guest” or “Your” means all persons traveling under this Contract and persons in their care, together with their respective heirs and representatives. “Guest” will include the plural and the use of the masculine will include the feminine.

g. “Transport” means the railcars, buses and other modes of transportation or accommodation provided in connection with a Experience.

3. GUESTS DEPOSITS, PAYMENTS AND CANCELATIONS

a. Deposits

raro offers pricing that will incur a non-refundable deposit on all trips. The exact deposit amount various per trip and is shown at time of booking.

b. Final Payment

We must receive the balance of the raro experience (after deducting the deposit you have paid) not less than 90 days before trip start date unless you book 90 days or less before trip start date, in which case you must pay the total trip cost at the time of booking. If we have not received all monies due to us in full and on time, you will be deemed to wish to cancel your trip and cancellation charges as set out below (see clause, Sec. 8 Cancellations and Refunds Experience Contract) will apply 

c. Cancelations by guest; early experience termination:

The provisions of this Section 8 apply unless a different refund policy is required by law as a result of a declaration of a public health emergency or government order cancelling the Experience or delaying the Experience by Guests by three (3) days or more, or the provisions of Section 4.e or Section 4.f, relating to a suspected or known infection of a Guest with COVID-19, apply.

Select Fee programs require the payment at the time of booking of a nonrefundable deposit. That deposit amount will not be refunded at any time after it has been paid. Change fees will apply to bookings for which the deposit is non-refundable.

Cancellation of Experience. Experience reservations that are cancelled by the Guest prior to the first day of the Experience, may be subject to a cancellation charge. The amount of the cancellation charge will be determined as shown in the table below and will vary depending on how far in advance of the first day of the Experience the Operator receives notice of cancellation.

IF CANCELLATION IS MADECANCELLATION CHARGE
91 days or more prior to the first day of the ExperienceNo charge (except for Nonrefundable Deposit amounts)
90 to 61 days before trip start date50% of total price 
60 to 31 days before trip start date75% of total price 
30 days or less before trip start date100% of total price (No refund)

If an Experience reservation is cancelled, any applicable Taxes/Fees will be refunded. For bookings made outside of the United States and Canada, a different cancellation policy may apply. Contact RARO or travel agency for details.

Cancellation notices are effective when received by the Operator.

Cancellation by the Guest after the Experience has begun, for any reason, including pursuant to any provision of this Contract, or “no-shows,” will be without refund, compensation, or liability on the part of RARO whatsoever.

If RARO received payment via credit card and a refund is owed, the refund will be made to that credit card. If RARO received payment from your travel agent and a refund is owed, the refund will be provided back to that travel agent.

RARO reserves the right to offer promotional Experience fares or other offers that may modify the cancellation policies set forth above.

4. BAGGAGE, PROPERTY AND LIMITATIONS OF LIABILITY:

a. Baggage Limits and Prohibited Items. Each adult Guest is permitted to carry on the Experience wearing apparel and personal effects reasonably necessary for the Experience, including suitcases, trunks, valises, satchels, bags, hangers containing clothing, toiletries and similar items. In no event will any Guest bring on the Experience, any illegal controlled substances (including medical marijuana), fireworks, live animals (except under the terms of Section 13.e below), weapons, firearms, explosives or other hazardous materials, or any other items prohibited by applicable law or RARO policy. Marijuana possession and/or use, including medical marijuana, and possession or use of any illegal drugs, is strictly prohibited in many jurisdictions visited and on the Experience at all times, regardless of any local, state, or other laws which might permit use or possession of marijuana. Guests who violate the laws of any jurisdiction are subject to being reported to law enforcement or customs authorities, arrest and prosecution. Guests who bring dangerous items, marijuana in any form, or any illegal drugs or controlled substances are also subject to immediate expulsion from the Experience. Guests will have no claim for refund, loss, damage, inconvenience, or compensation whatsoever under any of these circumstances. Guest will be responsible to notify RARO in advance of the Experience if there is any question as to the permissibility of taking any item or substance on the Experience. RARO reserves the right to refuse to permit any Guest to take on the Experience or on any mode of Transport any item RARO deems inappropriate.

b. Liability for Loss of or Damage to Baggage. Unless negligent, RARO is neither responsible nor liable for any loss of or damage to Guest’s property, whether contained in luggage or otherwise. Liability for loss of or damage to Guest’s property in connection with any air or ground transportation will be the sole responsibility of the provider of the service and in accordance with applicable limitations.

c. Limitation of Liability for Lost or Damaged Property. Notwithstanding any other provision of law or this Agreement, RARO’s liability for loss or damage to property during the Experience is limited to $300.00 per Guest.

d. Limited Carriage. RARO does not undertake to carry as baggage any tools of trade, household goods (including but not limited to appliances and furniture) fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Title 46 of the United States Code, Appendix Section 181. Each Guest warrants that no such item will be presented to RARO within any receptacle or container as baggage, and hereby releases RARO from any liability whatsoever for loss of or damage to such items when presented to RARO in breach of this warranty. In no event will RARO be liable for normal wear or tear of luggage or property, or loss of or damage to jewelry, cash, negotiable paper, photographic/electronic, medical or recreational equipment, dental hardware, eyewear, medications or other valuables. RARO does not accept valuables for deposit. 

5. PUBLIC HEALTH, COVID-19 POLICIES AND PROCEDURES, KNOWING ACCEPTANCE OF THE RISKS:

a. Recommended Consultation with Personal Physician. Guests are encouraged to discuss the advisability of travel with their personal physicians and to review the U.S. Centers for Disease Control (“CDC”) website for updated information. The CDC has identified elderly persons and persons with certain chronic medical conditions as being at increased risk of life-threatening complications from being infected with COVID-19. GUEST ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT WHILE ON THE EXPERIENCE, ABOARD ANY AIRPLANE OR OTHER VESSEL, WHILE IN ANY VEHICLE OR, OR DURING ANY ACTIVITIES, THE GUEST OR OTHER GUESTS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19, INFLUENZA, COLDS AND NOROVIRUS. GUEST FURTHER UNDERSTANDS AND ACCEPTS THAT THE RISK OF EXPOSURE TO THESE COMMUNICABLE ILLNESSES AND OTHERS IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, IS BEYOND RARO’S CONTROL, AND CAN NOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. GUEST KNOWINGLY AND VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER. 

b. Agreement to Abide by Current COVID-19 Policies and Procedures. RARO’s COVID-19 Policies and Procedures are subject to guidance and directives of established health authorities in the U.S. and other destinations where the Experience visits, including the CDC and other international, national and local health agencies when the Experience is within those agencies’ jurisdiction. Guest acknowledges that these directives may change from time to time and that RARO’s COVID-19 Policies and Procedures may therefore change. Guest’s agreement to abide by RARO’s COVID-19 Policies and Procedures constitutes an integral part of this Contract.  

c. COVID-19 Policies and Procedures. Guest understands that RARO’s COVID-19 Policies and Procedures may or will include (but are not be limited to): (1) providing an accurate, truthful and complete health questionnaire in a form and containing any and all health or travel-related questions as required by RARO in its sole discretion, for each Guest prior to embarking on the Experience; (2) pre-Experience and/or periodic testing and temperature checks of each Guest; (3) modified capacity rules for activities (including but not limited to restaurants, gyms, and entertainment events) which may limit or eliminate the ability of Guest to participate in particular activities; (4) mandatory use by each Guest (except where medically contraindicated) of face coverings; (5) mandatory social distancing of Guests at any/all times; (6) additional restrictions depending on local conditions; (7) mandatory hand-sanitizing by Guests; (8) confinement, quarantine or emergency transport if, in RARO’s sole discretion, such steps are necessary to prevent or slow the spread of COVID-19; (9) the required completion by Guest in a timely manner of any written authorizations or consent forms required for RARO to carry out its COVID-19 Policies and Procedures (including but not limited to medical information, medical privacy, or personal data privacy consent forms); (10) vaccination of Guests with documentary proof satisfactory to RARO, according to the criteria set forth in RARO’s COVID-19 Policies and Procedures in effect at the time of the beginning of the Experience; and (11) other policies and procedures deemed by RARO in its sole discretion to be necessary to reduce the risk of spread of COVID-19. 

d. Mandatory Compliance with COVID-19 Policies and Procedures. Notwithstanding any other provision contained herein or in RARO’s Refund Policy, any noncompliance by Guest or members of Guest’s travelling party with RARO’s COVID-19 Policies and Procedures or this Contract will be grounds for refusal to join the Experience, quarantine, reporting to governmental or health authorities, or other steps deemed necessary in RARO’s sole discretion under the circumstances to protect the health and well-being of others. Under these circumstances, Guest will not be entitled to a refund or compensation of any kind. Guest will be responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to Guest’s country of residence. Under no circumstances will RARO be liable for any damages or expenses whatsoever incurred by any Guest as a result of such refusal to join the Experience, quarantine, or other steps taken by RARO. 

e. Guest Testing Positive for COVID-19 Pre-Experience. Guest agrees that if at any time within 14 days prior to the Experience start date, Guest tests positive for COVID-19, exhibits signs or symptoms of COVID-19, has had close contact with a person confirmed or suspected as having COVID-19, or RARO otherwise determines in its sole discretion that Guest is unfit to take the Experience because of any communicable illness, RARO will deny the Guest to participate in the Experience. Under these circumstances, unless RARO determines that Guest has failed to comply with RARO’s COVID-19 Policies and Procedures or this Contract, any Guest denied participation in the Experience because of a known or suspected infection with COVID-19 will be provided a refund or a future Experience credit equal in value to the Experience Fee Guest paid to RARO, as provided in RARO’s COVID-19 refund and cancellation policy. RARO, in its sole discretion, may require Guest to provide verification satisfactory to RARO of Guest’s positive test result if the test was administered by a provider other than those retained by RARO. Under no circumstances will RARO have any other liability for any compensation or other damages whatsoever, including but not limited to compensation for lodging or travel. 

f. Guest Testing Positive for COVID-19 During Experience. Guest understands and agrees that if, after joining the Experience, and even if Guest has fully complied with all COVID-19 Policies and Procedures, Guest tests positive for COVID-19 or exhibits signs or symptoms of COVID-19, RARO may quarantine Guest as well as members of Guest’s travelling party, or take other steps which RARO determines, in its sole discretion, are necessary under the circumstances to protect the health and well-being of others. Under these circumstances, any such Guest with a known or suspected case of infection with COVID-19 who is quarantined will be entitled to either a prorated refund, or a future Experience credit for the unused portion of the Experience Fee, as provided in RARO’s COVID-19 refund and cancellation policy. Each such Guest is responsible for all other related costs and fines, including without limitation travel expenses. Under no circumstances will RARO be liable to any such Guest for any costs, damages or expenses whatsoever incurred by any Guest.

If RARO received payment via credit card and a refund is owed, the refund will be made to that credit card. If RARO received payment from your travel agent and a refund is owed, the refund will be provided back to that travel agent.

6. MEDICAL CARE AND OTHER PERSONAL SERVICES: 

a. Availability of Medical Care. Due to the nature of travel, especially international travel, the availability of medical care during the Experience may be limited or delayed and medical evacuation may not be possible. 

b. Relationship with Service Providers. To the extent Guests retain the services of medical personnel or independent contractors during the Experience, Guests do so at their sole risk. Any medical personnel attending to a Guest during the Experience, if arranged by RARO, are provided solely for the convenience of the Guest, work directly for the Guest, and will not be deemed to be acting under the control or supervision of RARO, as RARO is not a medical provider. Likewise, any hotels, venues, transportation companies, etc. are either operated by or are independent contractors, and are provided solely for the convenience of Guest. Even though the RARO will be entitled to charge a fee and earn a profit for arranging such services, all such persons or entities will be deemed independent contractors and not acting as agents or representatives of RARO. RARO assumes no liability whatsoever for any treatment, failure to treat, diagnosis, misdiagnosis, actual or alleged malpractice, advice, examination or other services provided by such persons or entities. Guest acknowledges that RARO hires various third-parties to provide services such as lodging, transportation, planning, logistics, and other goods and services and such persons are employees of independent contractors and that RARO is not responsible for their actions. 

c. Payment for Medical or Personal Care Services. Guest shall pay for all medical care or other personal services requested or required including the cost of any emergency medical care or transportation incurred by RARO and any costs associated with the provision of medical services. If Guest is unable to pay and the RARO pays for such expenses, then Guest shall reimburse RARO for those expenses.

7. EXPERIENCES, FACILITIES OR OTHER TRANSPORTATION:

All arrangements made for or by Guest for transportation before, during or after the Experience of any kind whatsoever, as well as air arrangements, tours, hotels, restaurants, attractions and other similar activities or services, including all related conveyances, products or facilities, are made solely for Guest’s convenience and are at Guest’s risk. The providers, owners and operators of such services, conveyances, products and facilities are independent contractors and are not acting as agents or representatives of RARO. RARO’s COVID-19 Policies and Procedures will impose certain restrictions with regard to participation, location, time, eligible venues and persons with whom the Guest may come into contact, as well as restrictions on the number of Guests. Guest understands and agrees that RARO may prohibit Guest-specific activities authorized by RARO, for health-related reasons in its sole discretion. Even though RARO may collect a fee for, or otherwise profit from, making such arrangements and offers for a profit and requires that any such person or entities comply with RARO’s COVID-19 Policies and Procedures, RARO 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 will RARO be liable for any loss, delay, disappointment, damage, injury, death or other harm whatsoever to Guest as a result of any acts, omissions or negligence of any independent contractors.

8. CANCELLATION, DEVIATION OR SUBSTITUTION BY RARO:

a. RARO may for any reason at any time and without prior notice, cancel, advance, postpone or deviate from any scheduled part of the Experience, destination, lodging or any activity, or substitute another destination, lodging or activity. Except as provided in Section 7.e below, and except as provided in Section 4.e or Section 4.f regarding an actual or suspected COVID-19 infection, and except where a refund is required by law as a result of a declaration of a public health emergency or government order cancelling the Experience by three (3) days or more, RARO will not be liable for any claim whatsoever by Guest, including but not limited to loss, compensation or refund, by reason of such cancellation, advancement, postponement, substitution or deviation.

b. In connection with the Experience, RARO has the same right to cancel, advance, postpone or deviate from any scheduled activity, departure or destination, or substitute another railcar, bus, destination or lodging or other component of the Experience. Except as provided in Section 7.e below, and except as provided in Section 4.e or Section 4.f regarding an actual or suspected COVID-19 infection, and except where a refund is required by law as a result of a declaration of a public health emergency or government order cancelling the Experience by three (3) days or more, RARO will not be liable for any claim by Guest whatsoever, including but not limited to loss, compensation or refund, by reason of such cancellation, advancement, postponement, substitution or deviation.

c. By way of example, and not limitation, RARO may, without liability (except as provided in Section 7.e below with respect to mechanical failures, except as provided in Section 4.e or Section 4.f regarding an actual or suspected COVID-19 infection, and except where a refund is required by law as a result of a declaration of a public health emergency or government order cancelling the Experience by three (3) days or more, deviate from any scheduled activity and may otherwise land Guest and her property at any location if RARO believes that the voyage or any Guest or property may be hindered or adversely affected as a result of hostilities, blockages, prevailing weather conditions, labor conflicts, strikes onboard or ashore, breakdown of any transportation, congestion, docking difficulties, medical or lifesaving emergencies, declared pandemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies or any other cause whatsoever.

d. RARO will have the right to comply with any orders, recommendations, or directions whatsoever given by any governmental entity or by persons purporting to act with such authority and such compliance will not be deemed a breach of this Agreement entitling the Guest to assert any claim for liability, compensation or refund except as provided in Section 4.e or Section 4.f regarding an actual or suspected COVID-19 infection, and except where a refund is required by law as a result of a declaration of a public health emergency or government order cancelling the Experience or delaying the Experience by Guests by three (3) days or more.

9. GUEST’S OBLIGATION TO COMPLY WITH AGREEMENT, APPLICABLE LAWS, AND RULES OF RARO; QUARANTINE; INDEMNIFICATION:

a. Compliance Obligation Generally. Guest will at all times comply with the provisions of this Agreement, all applicable laws, and rules, policies and regulations of RARO and any third-parties hired by RARO (as the same may be changed from time to time with or without notice). Nothing in this Agreement will grant to Guest any right to market, advertise, promote, provide or sell products or services to other guests on the Experience and Guest will be prohibited from doing so.

b. Guests are solely responsible to maintain in their possession all passports, visas and other travel documents required for travel at all locations of the Experience. Guests assume full responsibility to determine through their travel agent or the appropriate government authority the necessary documents. Guests agrees to provide to RARO (at RARO’s reasonable request) any travel documents. RARO will return such travel documents to Guest by no later than the end of the Experience.

c. Guest understands and agrees that RARO has a zero-tolerance policy for illegal activity and shall report such activity to the appropriate authorities.

d. Each adult Guest undertakes and agrees to supervise at all times any accompanying minors to ensure compliance with the provisions of this Section 9.

e. RARO may also change accommodations, alter or cancel any activities of, deny service of alcohol to, confine to hotel room or quarantine, search the hotel room, property or baggage of any Guest, change any part of the Experience, or restrain any Guest at any time, without liability, at the risk and expense of the Guest, when in the sole opinion of RARO the Guest’s conduct or presence, or that of any minor for whom the Guest is responsible, is believed to present a possible danger, security risk or be detrimental to himself/herself or the health, welfare, comfort or enjoyment of others or is in violation of any provision of this Agreement.

f. Guest, or if a minor, his/her parent or guardian, will be liable for and indemnify RARO and any third-parties hired by RARO from any civil liability, fines, penalties, costs or expenses incurred by or imposed on RARO or the third-party arising from or related to Guest’s conduct or failure to comply with any provisions of this Section 9 or Section 4, including but not limited to: (i) any purchases by or credit extended to the Guest; (ii) requirements relating to immigration, customs or excise; or (iii) any personal injury, death or damage to persons or property caused directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Guest, or (iv) failure to abide by RARO COVID-19 Policies and Procedures.

g. RARO will not be required to refund any portion of the Experience Fee paid by any Guest who fails for any reason, including failure to abide by RARO COVID-19 Policies and Procedures, to be at the start of the Experience by the Experience cut-off time applicable to the specific Experience or Experience activity meeting cut-off time applicable at any port of call or destination or point of departure as the case may be, and will not be responsible for lodging, meals, transportation or other expenses incurred by Guest as a result thereof. 

h. RARO may refuse to allow any Guest to join the Experience and may remove any Guest from the Experience at any time, for any of the following reasons: (i) whenever such action is necessary to comply with any government regulations, directives or instructions; (ii) when a Guest refuses to permit search of his person or property for explosives, weapons, dangerous materials or other stolen, illegal or prohibited items; (iii) when a Guest refuses upon request to produce positive identification; or (iv) for failure to comply with RARO’s rules and procedures, including, for example, RARO’s Guest Health, Safety and Conduct Policy.

i. In the interests of safety and security, Guest and their baggage are subject to inspection or monitoring electronically with or without the Guest’s consent or knowledge.

j. If RARO exercises its rights under this Section 9 or Section 4, Guest will have no claim against RARO whatsoever and RARO will have no liability for refund, compensation, loss or damages of Guest, including but not limited to any expenses incurred by Guest for accommodations or repatriation, unless otherwise provided in RARO’s refund policy or provided herein.

10. FORUM SELECTION CLAUSE FOR ALL LAWSUITS; CLASS ACTION WAIVER:

a. EXCEPT AS PROVIDED IN SECTION 11.B WITH REGARD TO CLAIMS OTHER THAN FOR PERSONAL INJURY, ILLNESS OR DEATH OF A GUEST , IT IS AGREED BY AND BETWEEN GUEST AND RARO THAT ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS AGREEMENT AND GUEST’S EXPERIENCE, WILL BE LITIGATED, IF AT ALL, IN AND BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA IN INDIANAPOLIS, INDIANA, U.S.A., (OR AS TO THOSE LAWSUITS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN MARION COUNTY, INDIANA, U.S.A.) TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE, TERRITORY OR COUNTRY. GUEST HEREBY CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION THAT GUEST MAY HAVE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN THE APPLICABLE COURT LOCATED IN MARION COUNTY, INDIANA.

b. CLASS ACTION RELIEF WAIVER. GUEST HEREBY AGREES THAT EXCEPT AS PROVIDED IN THE LAST SENTENCE OF THIS PARAGRAPH, GUEST MAY BRING CLAIMS AGAINST RARO ONLY IN GUEST’S INDIVIDUAL CAPACITY. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST RARO WHATSOEVER WILL BE LITIGATED OR ARBITRATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION AS PROVIDED IN SECTION 11 BELOW, THE ARBITRATOR WILL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS SECTION WILL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 11.B BELOW, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM WILL NOT BE SUBJECT TO ARBITRATION.

11. NOTICE OF CLAIMS AND COMMENCEMENT OF SUIT OR ARBITRATION; SECURITY:

a. TIME LIMITS FOR PERSONAL INJURY/ILLNESS/DEATH CLAIMS: NO SUIT WILL BE MAINTAINABLE AGAINST RARO FOR PERSONAL INJURY, ILLNESS OR DEATH OF ANY GUEST UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, WILL BE DELIVERED TO RARO AT THE FOLLOWING ADDRESS, C/O RARO, 200 CENTRAL AVE, 4TH FLOOR ST. PETERSBURG, FL 33701,WITHIN SIX (6) MONTHS FROM THE DATE OF THE INJURY, ILLNESS OR DEATH AND SUIT IS COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DATE OF SUCH INJURY, ILLNESS OR DEATH AND PROCESS SERVED WITHIN 120 DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.

b. ARBITRATION OF ALL OTHER CLAIMS: ANY AND ALL OTHER DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, EXCEPT FOR PERSONAL INJURY, ILLNESS OR DEATH OF A GUEST WHETHER BASED ON CONTRACT, TORT, STATUTORY, CONSTITUTIONAL OR OTHER LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO ALLEGED VIOLATION OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY LAWS, OR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT OR GUEST ‘S EXPERIENCE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, WILL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE UNITED NATIONS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“THE CONVENTION”) AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) SOLELY IN INDIANAPOLIS, INDIANA, U.S.A. TO THE EXCLUSION OF ANY OTHER FORUM. THE ARBITRATION WILL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND NAM’S FEE SCHEDULE IN EFFECT AT THE TIME OF THE PROCEDURE, EACH OF WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. ANY QUESTION ABOUT THE ARBITRATION ADMINISTRATORS MENTIONED ABOVE MAY BE DIRECTED TO THEM AS FOLLOWS: NATIONAL ARBITRATION AND MEDIATION, INC., 990 STEWART AVE, 1ST FL., GARDEN CITY, NY 11530, PHONE: (800) 358-2550 EXT. 128. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL NOR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR RARO WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION UNDER THE CONVENTION OR FAA. GUEST AND RARO FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF THE GUEST ASSERTING THE CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. THE ARBITRATOR AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE. IN THE EVENT THIS PROVISION IS DEEMED UNENFORCEABLE BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION FOR ANY REASON, THEN AND ONLY THEN THE PROVISIONS OF SECTION 10 ABOVE GOVERNING VENUE AND JURISDICTION WILL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS SECTION 11.B.

c. TIME LIMITS FOR NON-INJURY/ILLNESS OR DEATH CLAIMS: NO PROCEEDING DESCRIBED IN SECTION 11.B MAY BE BROUGHT AGAINST RARO UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, WILL BE DELIVERED TO RARO AT THE FOLLOWING ADDRESS, C/O RARO, 200 CENTRAL AVE, 4TH FLOOR ST. PETERSBURG, FL 33701,, WITHIN THIRTY (30) DAYS AFTER TERMINATION OF THE EXPERIENCE TO WHICH THIS CONTRACT RELATES. IN NO EVENT WILL ANY SUCH PROCEEDING DESCRIBED IN SECTION 11.B BE MAINTAINABLE UNLESS SUCH PROCEEDING WILL BE COMMENCED (FILED) WITHIN SIX (6) MONTHS AFTER THE TERMINATION OF THE EXPERIENCE TO WHICH THIS CONTRACT RELATES AND VALID NOTICE OR SERVICE OF SUCH PROCEEDING IS EFFECTED WITHIN SIXTY (60) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.

12. LIMITATIONS OF LIABILITY, GOVERNING LAW:

a. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, RARO WILL NOT BE LIABLE FOR INJURY, DEATH, ILLNESS, DAMAGE, DELAY OR OTHER LOSS TO PERSON OR PROPERTY, OR ANY OTHER CLAIM BY ANY GUEST CAUSED BY ACT OF GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, ORDERS BY GOVERNMENT AGENCIES RESTRICTING TRAVEL DUE TO DECLARED PANDEMICS, PUBLIC HEALTH EMERGENCIES OR OUTBREAKS OF COMMUNICABLE DISEASE, COVID-19, INFLUENZA, COLDS AND NOROVIRUS, QUARANTINES, NATIONAL OR REGIONAL EMERGENCIES, THEFTS OR ANY OTHER CAUSE BEYOND RARO’S REASONABLE CONTROL, OR ANY ACT NOT SHOWN TO BE CAUSED BY RARO’S NEGLIGENCE.

b. GUEST AGREES TO SOLELY ASSUME THE RISK OF INJURY, DEATH, ILLNESS OR OTHER LOSS, AND RAO IS NOT RESPONSIBLE FOR GUEST ‘S USE OF ANY ATHLETIC OR RECREATIONAL EQUIPMENT; OR FOR THE NEGLIGENCE OR WRONGDOING OF ANY INDEPENDENT CONTRACTORS, INCLUDING BUT NOT LIMITED TO PHOTOGRAPHERS, SPA PERSONNEL OR ENTERTAINERS; OR FOR EVENTS TAKING PLACE OFF THE EXPERIENCE, OR AS PART OF ANY ACTIVITY.

c. RARO HEREBY DISCLAIMS ALL LIABILITY TO THE GUEST FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES, WHEN SUCH DAMAGES WERE NEITHER THE RESULT OF A PHYSICAL INJURY TO THE GUEST, NOR THE RESULT OF GUEST HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY RARO. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL RARO BE LIABLE TO GUEST FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES.

d. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THIS CONTRACT AND ALL DISPUTES OR CLAIMS WHATSOEVER BY GUEST ARISING FROM OR RELATED TO THIS CONTRACT WILL IN ALL RESPECTS AND WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF INDIANA AND GUEST AGREES THIS CHOICE OF LAW SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY OTHER STATE OR NATION.

13. FITNESS TO TRAVEL; DENIAL OF EXPERIENCE, MINORS:

a. In addition to the Guest’s representations required in Section 4 regarding COVID-19, Guest warrants that he and those traveling with him/her are fit for travel and that such travel will not endanger themselves or others.

b. Minors. Any Guest under the age of 18 will be considered a minor and must travel with a parent or Legal Guardian or such other person as may be permitted by RARO’s policies.

c. Minimum Age. No Guest under the age of 21 will consume any alcoholic beverages while on the Experience. No Guest under the age of twenty-one (21) will be booked on an Experience unless accompanied by an adult twenty-one (21) years of age or older. RARO reserves the right to request proof of age at any time and Guest’s age on the date of the Experience determines his or her status for the entire cruise vacation.

d. Special Needs. Any Guest with mobility, communication or other impairments, or other special or medical needs that may require medical care or special accommodations during the Experience, including but not limited to the use of any service animal, must notify RARO of any such condition at the time of booking. Guest agrees to accept responsibility and reimburse RARO for any loss, damage or expense whatsoever related to the presence of any service animal brought on the Experience. Guest acknowledges and understands that certain international safety requirements, shipbuilding standards, and/or applicable regulations involving design, construction or operation of parts of the Experience may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Guests requiring the use of a wheelchair must provide their own wheelchair (that must be of a size and type that can be accommodated on the Experience).

e. RARO will have the right to deny participation in the Experience for violations of any of the policies set forth in this Section 13 or Section 4. If RARO exercises its rights under this Section 13 or Section 4 for violations of policy, Guest will have no claim against RARO whatsoever and RARO will have no liability for refund, compensation loss or damages of Guest, including but not limited to any expenses incurred by Guest for accommodations or repatriation.

14. USE OF PHOTOS, VIDEOS OR RECORDINGS:

a. Guest hereby grants to RARO (and its assignees and licensees) the exclusive right throughout the universe and in perpetuity to include photographic, video, audio and other visual or audio portrayals of Guest taken during or in connection with the Experience (including any images, likenesses or voices) in any medium of any nature whatsoever (including the right to edit, combine with other materials or create any type of derivative thereof) for the purpose of trade, advertising, sales, publicity, promotional, training or otherwise, without compensation to the Guest. Such grant will include the unrestricted right to copy, revise, distribute, display and sell photographs, images, films, tapes, drawings or recordings in any type of media (including but not limited to the Internet). Guest hereby agrees that all rights, title and interest therein (including all worldwide copyrights therein) will be RARO’s sole property, free from any claims by Guest or any person deriving any rights or interest from Guest.

b. Guest hereby agrees that any recording (whether audio or video or otherwise) or photograph of Guest, other guests or third parties on the Experience will not be used for any commercial purpose, in any media broadcast or for any other non-private use without the express written consent of RARO. RARO will be entitled to take any reasonable measure to enforce this provision.

15. YOUR TRAVEL AGENT:

Guest acknowledges and confirms that any travel agent utilized by Guest in connection with the issuance of this Contract is, for all purposes, Guest’s agent and RARO will not be liable for any representation made by said travel agent. Guest will remain liable at all times to RARO for the price of the Experience. Guest understands and agrees that receipt of this Contract or any other information or notices by Guest’s travel agent will be deemed receipt by the Guest as of the date of receipt by the agent. Guest acknowledges that RARO is not responsible for the financial condition or integrity of any travel agent.

16. SEVERABILITY:

Any provision of this Agreement that is determined in any jurisdiction to be unenforceable for any reason will be deemed severed from this Agreement in that jurisdiction only and all remaining provisions will remain in full force and effect.

17. TRANSFERS AND ASSIGNMENTS:

This Contract may not be assigned, sold or otherwise transferred by the Guest. Among other things, this means that the Guest cannot sell or transfer this Contract to someone else, and RARO will not be liable to the Guest or any other person in possession of a Contract for honoring or refunding such Contract when presented by such other person. RARO may assign, convey or transfer its rights in this Agreement to any parent, subsidiary or affiliate of the RARO who is scheduled to operate the Experience at the time of the Experience.

18. SUPPLEMENT CHARGES:

RARO reserves the right to impose a supplemental charge relating to unanticipated occurrences. Any such supplement charges may apply, at RARO’s sole discretion, to both existing and new bookings (regardless of whether such bookings have been paid in full). Such supplements are not included in the Experience Fee.