Terms & Conditions

Cruise Contract

Important Notice to Guests

This cruise contract applies only to Guests whose primary country of residence is outside Japan.

If Your primary country of residence is Japan then please contact Mitsui Ocean Cruises to determine the cruise contract or booking terms and conditions that apply to you. “Primary country of residence” is defined in section 1 below.

It is important that You read all of the following contract terms and conditions, which form Your contract with the Company (as defined below). These contract terms and conditions govern all dealings between You and the Company, affect Your legal rights and are binding on You to the fullest extent permitted by law.

Guests are particularly directed to carefully read and understand sections 20 through 22, as they contain significant limitations on your right to assert claims for personal injuries, illness or death and baggage and personal property loss or damage against the Company, the Vessel, related entities and their officers, agents and employees and other third parties, including time limits and forum for claims and suits and applicable law.

1. Definitions

The following definitions apply in this contract. Additional definitions appear in other sections of this contract.

a. “Booking Confirmation” means the booking confirmation or statement issued by or on behalf of the Company in respect of this contract.

b. “Company” means MOL Cruises, Ltd. as the operator of Mitsui Ocean Cruises ships.

c. “Cruise” means the scheduled cruise voyage as specified in the Booking Confirmation, as may be amended in accordance with this contract, including:

i. any air, rail, road or sea transport (and any land accommodation components of any package) sold in connection with, or included in the price of, the cruise voyage; and

ii. any activities, shore excursions, tours or shoreside facilities related to or offered at any time during the cruise voyage (including at the port of embarkation and the port of disembarkation).

d. “Fare” means the amount payable by You to the Company for the Cruise, which includes carriage onboard the Vessel, full board, and ordinary Vessel food and entertainment. Your Fare does not include (among other things) the items referred to in section 3.

e. “Government Fees and Taxes” includes taxes and fees imposed by any government in connection with the carrying out of the Cruise and any related purchase. This includes port head taxes, Japanese consumption tax or other sales tax, air, hotel and similar fees and taxes assessed on the transaction.

f. “Lead Guest” means the Guest who initiated the Cruise booking for themselves and/or one or more other Guests named on the booking, whether the booking was made by the Lead Guest directly with the Company or through a travel agent. The Lead Guest is usually the first-named Guest on the booking.

g. “Mandatory Fees and Expenses” means all mandatory and third-party fees and expenses for services onboard and in port associated with the Fare.

h. “Primary country of residence” means the country where You primarily reside at the time of booking the Cruise. This should be indicated by You, the Lead Guest, or another agent or representative of Yours at the time of booking the Cruise or at check-in for the Cruise.

i. “Total Fare” means the aggregate of the Fare, Mandatory Fees and Expenses and Government Fees and Taxes.

j. “You”/”Your” or “Guest” means the person booking or paying for the Cruise or named on the Booking Confirmation and persons in their care, including any minor, and their heirs, relatives, successors in interest, traveling companions and personal representatives.

k. “Vessel” means the Mitsui Ocean Cruises ship named on Your Booking Confirmation or any substitute ship.

References in this contract to Acts or legislation refer to Acts and legislation of Japan.

2. Contract Formation and Governing Law

a. You are entering into this contract with the Company on Your own behalf and on behalf of all guests named on Your Booking Confirmation. You represent that You are authorized by all guests named in your Booking Confirmation to accept and agree to all of the terms and conditions in this contract.

b. This contract becomes legally binding once the Company receives the first payment (including but not limited to the deposit) towards Your Cruise in cleared funds. If the Company has not received this payment from You or Your travel adviser at the time of booking (or within 7 days for bookings made 120 days or more before the sailing date), Your booking will be cancelled and no legally binding contract will be formed between You and the Company. If Your booking does not require any payment for Your Fare, this contract becomes legally binding once Your booking is created and a booking number is issued to You.

c. This contract constitutes the entire understanding and agreement between You and the Company, and supersedes any other prior oral, implied, written or other representations or agreements between You and the Company. This contract governs the relationship between You and the Company, whether the Cruise is purchased by You or on Your behalf and can only be modified by a subsequent document or notice in writing signed by the Company. You may not sell, assign or transfer Your booking or this contract. Any portion or provision of this contract that is invalid, illegal, or unenforceable shall be ineffective only to the extent of such invalidity, illegality, or unenforceability and shall be severed from this contract without affecting in any way the remaining provisions of the contract which shall remain in full force and effect.

d. You and the Company agree and intend that certain third-party beneficiaries derive rights and exemptions from liability as a result of this contract. Specifically, all of the Company’s rights, exemptions from liability, defenses and immunities under this contract (including, but not limited to, those described in sections 5, 7-8, 11, 16 and 19-21) will also inure to the benefit of the following persons and entities who shall be considered “Company” only for purposes of such rights, exemptions from liability, defenses and immunities: Company’s employees, agents, the vessel named on the booking confirmation/statement (or any substituted vessel), the vessel’s tenders, the vessel's owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew members, pilots, agents or employees, and all concessionaires, independent contractors, physicians and medical personnel, retail shop personnel, health and beauty staff, fitness staff, shore excursion providers, tour operators, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such vessel or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires.

e. You acknowledge and agree that, except as otherwise expressly provided herein, the resolution of any and all disputes between the Company and any Guest shall be governed exclusively and in every respect by the laws of Japan. You agree this choice of law provision replaces, supersedes and preempts any provision of law of any state or nation to the contrary.

3. Fare Exclusions

The Total Fare includes onboard accommodation, select onboard meals at designated dining facilities, select onboard amenities, entertainment and activities, gratuities, and taxes, fees and port expenses.

Children are charged the same Fare as adults unless otherwise specified by the Company. Baby food and formula are not included in the Fare.

Your Fare does not include:

a. Medical services, medications other expenses related to injuries and illnesses whether onboard or ashore

b. Beverages, including alcoholic beverages, for which a charge applies onboard

c. Laundry and room service charges (unless expressly included in your Fare) and

telephone usage

d. Purchases made in the retail shops and spa/fitness center onboard

e. Internet charges, unless expressly included in Your Fare

f. Dining in specialty restaurants onboard, unless expressly included in Your Fare

g. Onboard services for which an additional charge applies

h. Shore excursions, unless expressly included in your Fare

i. Costs and expenses that You incur when You are ashore, including tips to hotel and restaurant employees, other additional food and beverage expenses, and associated taxes and service charges

j. Transfers to/from the Vessel

k. Flights (except where expressly included in Your Fare), excess luggage charges (in excess of the specified weight, volume and number of pieces permitted by the relevant airline) and airport transfers

l. Preparation of and fees for travel documentation such as passports, visas, vaccinations and pre-arrival entry requirements

m. Travel insurance and personal property insurance

n. Single occupancy supplement.

While the Company does not currently have a fuel supplement charge, the Company reserves the right to introduce a fuel supplement at any time.

The Company reserves the right to pass through any increases to applicable Government Fees and Taxes or Mandatory Fees and Expenses at any time after booking.

4. Eligibility Requirements

a. No Guest under 18 years of age is permitted to book a Cruise. Any Guest under 18 years of age must travel in a suite with at least one Guest who is 18 years or older and who shall assume responsibility for their care during the Cruise. For family groups booking more than one suite, at least one Guest in each suite must be 15 years of age or older, provided they are traveling with a parent or legal guardian. Each Guest agrees and warrants that he/she will supervise any Guest in his/her care at all times to ensure that all policies and rules of the Company and the Vessel are strictly adhered to at all times by Guests under their supervision.

b. Due to limited neo-natal facilities onboard and at some of the destinations Your Cruise may visit, the following minimum Guest ages apply to the Cruise:

i. For Cruises exceeding 30 days scheduled duration, 12 months at the time of embarkation; and

ii. For cruises of less than 30 days scheduled duration, 6 months at the time of embarkation.

c. Guests who will enter the 24th week of pregnancy or later by the last day of the Cruise agree not to book the Cruise or to board the Vessel. Guests with questions about traveling on a vessel while pregnant should contact the Company before their sailing date.

d. Guests must abide by all age, gender or other eligibility requirements applicable to any other activities, services or facilities available during the Cruise, including those associated with use of any spa facilities, and must supervise the use of any such facilities by any minor in the Guest’s care. There may be age restrictions applicable to activities on the Vessel and ashore, which are established for the safety and well- being of all participants. The Company and all independent contractors, as the case may be, reserve the right to revise eligibility requirements for activities during the Cruise or ashore for safety or other lawful reasons from time to time, and with which each Guest agrees to comply.

e. The pools and other recreational water facilities onboard the Vessel do not have a lifeguard on duty. Children must be supervised by a parent or legal guardian at all times while in or near the pools and other recreational water facilities.

5. Cancellation by Guest

Except as otherwise provided in this section 5, You are not entitled to any refund, payment, compensation or credit for any cancellation initiated by You.

You are required to pay a cancellation fee (including 3rd and 4th berths) if You cancel Your Cruise. Cancellation fees are based on the Fare and Mandatory Fees and Expenses paid, excluding transfers, surcharges, shore excursions, and any flights or hotel stays included in your Cruise (“Cruise Charges”). Government Fees and Taxes are not subject to any cancellation fee. Any refunds will be made directly to the method of payment You used at the time of booking or Your travel adviser and You must receive Your refund directly from these sources. Cancellation shall be deemed effective as of the close of business Japan Standard Time on the date You communicated such cancellation.

The amount of cancellation fee varies based on the length of sailing for the Cruise and timing of cancellation for the Cruise, as illustrated in the schedules below.

Cruises 2G Days Or Less:

Days Prior to Departure Cancellation Fee

90 days or more no fee

60-89 days deposit amount

29-59 days 50% of Cruise Charges

15-28 days 75% of Cruise Charges

14 days or less, or non-appearance 100% of Cruise Charges

Cruises Of 30 Days Or More:

Days Prior to Departure Cancellation Fee

120 days or more no fee

60-119 days deposit amount

29-59 days 50% of Cruise Charges

15-28 days 75% of Cruise Charges

14 days or less, or non-appearance 100% of Cruise Charges The schedules above do not apply:

a. if You have purchased a specially priced promotion where the deposit is 100% non- refundable from the point of payment. In this case, You are not entitled to any refund, payment, compensation or credit whatsoever of Your deposit under any circumstance if You cancel Your booking; and

b. if You have purchased a specially priced promotion that is 100% non-refundable from the point of payment, You are not entitled to any refund, payment, compensation or credit whatsoever of Your Fare or Mandatory Fees and Expenses if You cancel Your booking.

Name changes require the prior approval of the Company and may not always be

possible. Name changes and departure date changes are considered booking cancellations and are subject to cancellation fees as described above.

6. Health and Special Needs

Guests must be medically, physically and mentally fit for travel on the Cruise. The Company may at any time require You to provide evidence that a physician has cleared You as fit to travel. If a physician’s clearance to travel is required, it is Your responsibility to obtain that clearance at Your expense.

Guest warrants that Guest and Guest’s traveling companions are physically and emotionally fit to travel at the time of embarkation, and further warrants that such Guests have no medical or emotional condition that would endanger any Guest or crew member or result in a deviation of the Cruise.

Due to the risks inherent in travel by sea, as described in section 15 of this contract, if a Guest has any special medical, physical or other requirements, the Guest, their travel advisor, or any person booking on the Guest’s behalf is requested to inform the Company in writing at the time of booking of any special need or other condition for which the Guest or any other person in the Guest’s care may require medical attention or accommodation during the Cruise.

Special needs include the following: using a medical mobility aid onboard such as a wheelchair or scooter; requiring wheelchair assistance at the cruise terminal or wheelchair accessible transfers; dietary requirements; requiring a baby crib; requiring assistive listening systems; requiring a carer, interpreter or other support person; bringing an assistance dog onboard; administering medication via injection; bringing specialist medical equipment onboard; requiring refrigeration for medication.

If any such special need or condition arises after the Guest has booked the Cruise, the Guest is required to report it in writing to the Company as soon as the Guest become aware of it.

Guests who intend to bring a wheelchair or mobility aid onboard must advise the Company at the time of booking. While there may be a limited number of loan wheelchairs available onboard the Vessel for emergency use, Guests requiring the use of a wheelchair are advised to provide their own. For the safety of Guests and crew and to enhance accessibility onboard, personal electric mobility equipment must be securely stored and charged in the Guest's suite and must not be stored or charged in hallways or elevator lobbies. Size and weight limits apply to wheelchairs and electric mobility equipment.

Guests who intend to bring an assistance dog onboard must advise the Company at the time of booking. In this contract, “assistance dog” refers to an assistance dog for persons with physical disabilities (being guide dogs, service dogs, and hearing dogs prescribed in Article 2 of the Act on Assistance Dogs for Persons with Disabilities (Act No. 49 of 2002), which are labeled pursuant to the provisions of Article 12 of the same Act, and those labeled as "service dogs" or "hearing dogs" pursuant to the provisions of Article 3 of the Supplementary Provisions of the same Act.

No pets or other animals are allowed on the Vessel at any time except for assistance dogs.

You agree to accept responsibility, reimburse and/or indemnify the Company for any loss, damage or expense whatsoever related to the presence of any assistance dog brought on the Cruise. You further agree to determine and meet any documentary or other requirements related to Your assistance dog, including without limitation a certificate/other documents specified in Article 5 of the Ordinance for Enforcement of the Act on Assistance Dogs for Persons with Disabilities (Ordinance of the Ministry of Health, Labour and Welfare No. 127 of 2002).

Guests acknowledge and understand that certain international, foreign or local safety requirements, standards, and/or applicable regulations involving design, construction or operation of the Vessel, docks, gangways, anchorages or other facilities on or off the Vessel may restrict access to facilities or activities for persons with disabilities. You acknowledge and agree that the Company may disembark or refuse to embark You or anyone under Your care as set forth in section 11 below. In limited situations where You would be unable to satisfy certain specified safety and other criteria, even when provided with appropriate auxiliary aids and services, the Company reserves the right to refuse permission to participate in all or part of the Cruise.

Limited areas of the Vessel may not be wheelchair accessible. Some ports may only be accessed using the Vessel’s tenders or local ferry boats. Tender and local ferry boats and tender ports are generally not accessible to Guests who use a wheelchair or with significant mobility impairments.

The Company recommends that any Guest who is not self-sufficient travels with a companion who will take responsibility for any assistance needed during the Cruise. The Vessel’s crew are unable to act as personal carers.

7. Changes to the Cruise

Except as otherwise provided, the Company may, for any reason, without prior notice, cancel the Cruise; deviate from the scheduled ports of call, route and timetable; call or omit to call at any port or place or cancel or modify any activity on or off the Vessel; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property; reassign Your suite allocation before or during the cruise; or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten the Cruise, or substitute ships, aircraft or other transportation or lodging. Accordingly, You should not make any important arrangements or meetings based on the scheduled Cruise which may change without liability to the Company. Furthermore, the Captain of the Vessel as well as the operator of any other means of transportation may, in his/her sole discretion, take any action deemed necessary for the safety, security, comfort, or well-being of any person or to prevent damage to or loss of the Vessel.

Specific suite assignments are not guaranteed. The Company reserves the right to move Guest(s) to a comparable suite for any reason including, but not limited to, instances during which a suite is booked with fewer than the maximum number of Guests that the suite can accommodate; or when a partial Guest cancellation occurs, and the remaining number of Guests do not match the maximum number of Guests the suite can accommodate.

In the case of mechanical failures that cause the scheduled cruise to be cancelled, You are entitled to a full refund of the Total Fare; or for mechanical failures that cause a cruise to be

terminated early, a partial refund of the Total Fare, travel expense to transport You to the scheduled port of disembarkation or Your home city at the Company’s discretion, and overnight lodging if an unscheduled stopover is required.

You shall have no claim against the Company, and the Company shall not be liable for damages or a refund of the Total Fare, any portion thereof, or other payment, compensation or credit of any kind; nor for hotel or meal charges, travel expenses or other loss, delay, inconvenience, disappointment or expense whatsoever, which shall be the Guest's responsibility, whenever the cancellation or change was otherwise beyond the Company’s exclusive control.

The Company’s non liability extends without limitation to any of those causes described in section 21b. (including, but not limited to, orders by governmental agencies restricting travel due to declared epidemics, pandemics, public health emergencies or outbreak of communicable disease, quarantines, national or regional emergencies) and/or inclement weather; health, medical or environmental considerations; labor, political or social disturbances or unrest; or operational, commercial or safety reasons; or was based on a good faith belief by the Company or the Vessel's Captain that the Cruise or any portion thereof might endanger the Vessel or expose any person or property to loss, injury, damage or delay. Except as provided above for mechanical failures, whenever the performance of the Cruise is hindered or prevented by any cause or circumstance whatsoever, the Cruise may be terminated and You may be landed with no further liability of the Company for refund, payment, compensation or credit of any kind except where a refund is required by law as a result of a declaration of a public health emergency or government order cancelling the cruise in question or delaying travel for more than 24 hours.

If, and only when, the cancellation or change was for reasons other than described in the preceding paragraph, and was within the exclusive control of the Company, You agree the liability of the Company, if any, shall nonetheless be limited as follows:

a. If the Company cancels the Cruise before it has started, it shall refund the Total Fare

(less any air or accommodation charges incurred);

b. If the sailing is delayed and You are not accommodated on board the Vessel, the Company may arrange accommodations and food at no additional expense to You;

c. If the scheduled port of embarkation or disembarkation for a Cruise is changed, the Company shall arrange transportation to it from the originally scheduled port;

d. If the Cruise is terminated or ends early, the Company, at its option, may issue a cruise credit, make a proportionate refund of the Total Fare, transfer You to another vessel or transport You to the scheduled final port.

e. If You have paid the Company an amount in excess of the Cruise Fare for a shore excursion or other activity that is cancelled, You will be limited to a refund, if any, of the amount paid for the cancelled activity.

Under no circumstances shall the Company be or become liable for consequential or other damages of any kind sustained by any Guest except as expressly provided herein.

8. Luggage, Prohibited/Restricted Items and Security

a. Guests may take a reasonable amount of luggage onboard containing only their personal effects, which shall include suitcases, trunks, valises, satchels, bags, hangers containing clothing, toiletries and other personal effects necessary for the

Cruise. If You travel by air or other transportation the terms and conditions of the airline or other transportation provider apply to Your carriage on those conveyances.

b. For health and safety reasons, each piece of luggage must not weigh more than 30 kilograms (approximately 66 pounds) and must not exceed 2 meters (approximately 6.5 feet) in length (total linear dimensions).

c. Items which are detrimental to, or may pose a risk to, the health, safety, security or wellbeing of those onboard (as determined by the Company in its sole discretion), and items which are prohibited by any law or regulation of Japan or any applicable local law, must not be brought onboard. This includes, but is not limited to, weapons of any kind (including firearms, ammunition, knives or blades), explosives, illegal drugs and other illicit substances, any items that may pose a risk of fire (including candles, heating or cooking devices and flammable liquids), hazardous substances, communication scanners, wide-band receivers, satellite phones, remote control devices of any kinds (such as drones), bicycles, skateboards and the like, animals (unless expressly permitted by the Company or under this contract) and scooters (unless medically required and expressly permitted by the Company).

d. Guests agree not to bring alcoholic or non-alcoholic beverages on board for consumption or for any other use, except as expressly permitted by the Company.

e. All checked and carry-on luggage will be scanned and any prohibited items, will be removed, confiscated, and discarded. If Your luggage is locked, the lock may be removed by security or, alternatively, the luggage will be held by security until You can be present for an inspection and any items in question further identified and/or surrendered. The Company shall not be responsible for any loss, cost, disappointment or damage of any kind as a result of any luggage lock removal, or other items removed and discarded in violation of this section.

f. Guests are advised to carry all valuable and important items (such as jewelry, medicines, fragile items and camera/computer/electrical equipment) in their hand luggage and not packed in their checked luggage or left unsecured in their suite or elsewhere onboard the Vessel. Once onboard, Guests should store all valuables and important items in the safe in their suite. If You lose any item onboard, you must notify the Company immediately. You are responsible for the cost of returning lost items to You, including courier and postage fees. Section 20 contains further important terms and conditions about limitations on the Company’s liability in respect of Your luggage and other personal effects.

g. You agree that baggage or property, including all lost and found items retained by the Company or delivered by You to the Company, which remains unclaimed in writing for more than 90 days after Your disembarkation shall be deemed abandoned and the sole property of the Company and You relinquish any claim thereto. You further agree to pay all fees and expenses incurred by the Company to deliver any such items that are claimed by You. The Company assumes no responsibility whatsoever for otherwise delivering any such items or delivering items that are prohibited by law.

h. For the safety and security of Guests and crew, Closed Circuit Television (CCTV) surveillance may be used onboard to monitor and record public areas on the Vessel. You consent to the use of CCTV on the Vessel.

i. You agree the Company has, at all times with or without notice, the right to enter and search Your suite, personal safe or storage spaces, or to search You, Your baggage and/or personal effects at any location.

G. Conduct while onboard

Guests must conduct themselves with appropriate regard for the health, safety, comfort, enjoyment and general wellbeing of all persons participating in the Cruise, including the crew. Unsafe, abusive, offensive, illegal, disruptive behaviour and the like is prohibited onboard and at all times during the Cruise. This includes, but is not limited to:

a. Abusive, offensive, dangerous or harassing behavior;

b. Behavior which may endanger the safety of the Vessel, or the safety of the crew or other people in connection with the Cruise;

c. Tampering, damaging, or interfering with any part of the Vessel;

d. Climbing, sitting or standing on any safety barriers;

e. Acts of public nudity or indecency;

f. Littering;

g. Smoking outside of the designated area(s);

h. Failing to comply with the directions of the crew;

i. Making excessive noise which disturbs other persons onboard; and

j. Any unlawful conduct, including in any port.

You should report to crew as soon as possible any injury, incident, illegal activity, hazard, unsafe behavior, disruptive behavior or security matter that you become aware of during the Cruise.

10. Onboard policies

a. No Guest under the age of 20 may purchase, possess or consume alcohol on board during the Cruise. On some sailings the minimum age for alcohol may be different and each Guest agrees to abide by whatever alcohol age restriction is in place on the vessel during the Guest’s cruise.

b. No Guest under the age of 20 shall be permitted to engage in any gaming activities on board any vessel or to purchase cigarettes or tobacco products.

c. Indoor areas on board the Vessels are strictly non-smoking and smoking is only permitted in the designated smoking area(s) which are clearly posted on the Vessel. Smoking (including the use of electronic cigarettes, personal vaporizers, or electronic nicotine delivery systems) is prohibited in Guest suites and on verandas. Violations to the onboard smoking policy will result in a fine for each occurrence, which will be charged to Your onboard account. Repeated violations may result in You being disembarked prior to the end of the Cruise without any refund and at Your cost.

d. Additional policies relating to Guest conduct during the Cruise may apply. These may include policies as set out in the brochure relating to Your Cruise.

11. Rights of the Company and the Captain

The Company reserves the right to refuse booking of a Cruise or passage on a Cruise to any person or to cancel Your existing Cruise booking for any lawful reason, including (without limitation) any reason described in this contract.

The Company may without liability for refund, payment, compensation or credit, except as provided herein, disembark or refuse to embark You, confine You in a suite, quarantine You, restrain You, change Your accommodations or disembark You at any time if, in the sole opinion of the Company, the Captain or any physician, You or any minor or other person in Your care during the Cruise, are unfit for any reason for the Cruise, or Your presence might be detrimental to Your health, comfort or safety or that of any other person, or in the judgment of the Captain is advisable for any reason.

The Company reserves the right to request a letter from Your physician attesting to Your fitness to travel, but by requesting such letter does not waive its right to disembark or refuse to embark You as set forth in this section 11. Except as otherwise provided, if You are required to remain on board the vessel or elsewhere, due to injury, illness, or disability, or due to action of any government or authority, or for any other reason not the fault of the Company, You must pay or reimburse the Company for all resulting costs and expenses including for food, transportation, accommodation, medical and/or repatriation services for You and/or those accompanying You.

If You become unfit to travel for any reason, or if You are refused passage, the Company shall not be liable for any refund, payment, compensation, or credit of any kind, except as follows:

· Before boarding – refund of 75% of the Fare already paid; or

· After boarding – refund of the difference between the Fare already paid and the fare corresponding to the period of the voyage already completed, or 75% of the Fare already paid, whichever is the lower amount.

Except for the refund set out above, the Company shall not be liable for any refund, payment, compensation or credit of any kind, nor damages resulting from any refusal of a booking or passage on a Cruise or cancellation of an existing Cruise under this section.

12. Guest obligations

a. Before You board the Vessel, You must:

i. Pay the Total Fare;

ii. Familiarize yourself with the terms of this contract;

iii. Bring all necessary travel documents such as passports, visas, proof of citizenship, re-entry permits, minor's permissions, medical certificates showing all necessary vaccinations, and all other documents necessary for ports of call in the countries to which You will travel (including, without limitation, electronic travel authorisations and identification requirements). It is the Guest's sole responsibility to obtain and have

available when necessary the appropriate valid travel documents. All Guests are advised to check with their travel advisor or the appropriate government authority to determine the necessary documents. You will be refused boarding or disembarked without recourse or liability for refund, payment, compensation, or credit of any kind if You do not have proper documentation, and You will be subject to any fine or other costs incurred by the Company which result from improper documentation or noncompliance with applicable regulations, which amount may be charged to Your onboard account and/or credit card.

iv. Arrive at least two hours before the scheduled or amended sailing time and have with You all required documentation. Attach a completed Mitsui Ocean Cruises luggage tag to each piece of luggage.

v. Be sure that You and any person in Your care are fit to take the Cruise. (See sections 6 and 11 above)

vi. Provide the Company with required information about any medical conditions (including allergies) and any medical equipment you wish to bring onboard

vii. Comply with all pre-embarkation, onboard and shore excursion rules and policies including, but not limited to, all environmental and public health policies and procedures. Guest shall familiarize themselves with the nature and character of the ship, onboard waste /recycling receptacle stations, and Guest agrees to comply with all such policies and procedures, as well as environmental laws and regulations.

b. On or before boarding the vessel, You must register a valid credit card or other acceptable payment method to cover any charges to Your onboard account.

c. Before disembarking the Vessel, You must pay in full all amounts charged to Your onboard account.

d. Guests must enter the following information in the passenger list prescribed in Article 15 of the Maritime Transport Act (Act No. 187 of 1949) (including cases where it is applied mutatis mutandis in accordance with Article 21-5 of the same Act)

i. Name

ii. Age, date of birth (or classification as adult, child or infant)

iii. Sex

iv. Nationality and passport number

v. Date and time of embarkation and port of embarkation and port of disembarkation

vi. Need for assistance in case of accident, disaster or other emergency.

Except to the extent the refund in section 11 applies, the Company shall not be liable for refund, payment, compensation or credit of any kind, nor damages resulting from Your failure to comply with any of the requirements set forth above.

13. Travel Insurance

Guests are strongly advised to purchase appropriate international travel insurance at the time they pay the deposit for their Cruise. If Guests do not purchase appropriate international travel insurance, Guests may not be able to recover loss or damage to luggage and personal effects,

trip cancellation, emergency evacuations, accidental death or injury, and illness and medical expenses that may be incurred in connection with the Cruise.

The Company recommends that any Guest who is not self-sufficient travels with a companion who will take responsibility for any assistance needed during the Cruise. The Vessel’s crew are unable to act as personal carers.

14. Travel Advisor

Your travel advisor is Your agent and acts for You in making the arrangements for Your Cruise and any related travel, lodging, shore excursions, and tours. The Company is not responsible for any representation or conduct of Your travel advisor, including but not limited to, any failure to remit Your deposit or other monies to the Company, for which You shall at all times remain liable to the Company, or any failure to remit a refund from the Company to You. You acknowledge that Your travel advisor acts solely as Your agent, and not as agent for the Company, and is deemed as Your agent. Further, receipt by Your travel advisor of this contract or any other communications, notices or information from the Company shall constitute receipt of such materials by You. You agree the Company is not responsible for the financial condition or integrity of any such travel advisor. In the event that Your travel advisor fails to remit to the Company any monies paid by You to the advisor, You remain liable for the monies due the Company, regardless of whether the Company demands payment. No refund, payment, compensation or credit of any kind will be provided by the Company, should You or Your travel advisor have to cancel or cut short Your Cruise.

15. Notice about Safety and Security

The Company’s Vessels visit many ports in numerous countries around the world. At any given moment there are likely to be "trouble spots" in the world in terms of war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. Local conditions and infrastructure may also create hazards to Guests while off the Vessel.

Accordingly, it may be necessary to change, cancel or terminate the scheduled Cruise or any activities related to the Cruise, including without limitation shore excursions and port visits. Although the Company endeavors to provide reasonable protection for Your comfort and safety on board its Vessels, the Company cannot guarantee freedom from all risks associated with war, terrorism, crime or other potential sources of harm. The Company reminds all Guests that they must ultimately assume responsibility for their actions while ashore.

The Japanese government and government agencies in other countries regularly issue advisories and warnings to travelers giving details of local conditions in specified cities and countries according to such agency's perception of risks to travelers. For example, the Japanese Ministry of Foreign Affairs Overseas Safety Homepage: https://www.anzen.mofa.go.jp and the Ministry of Health, Labour and Welfare Ǫuarantine Station Homepage: https://www.forth.go.jp. The Company strongly recommends that Guests and their travel advisors obtain and consider such information when making travel decisions. Although unlikely, the Vessel may be confronted by actual or threatened war, warlike operations or hostilities. The Company has the absolute right and sole discretion to respond to safety concerns of any kind including, but not limited to, sailing with or without lights, deviating from customary practices or rules and regulations concerning navigation, cargo or other matters in time of peace, or sailing armed or unarmed and with or without convoy.

There are risks inherent to being aboard the Vessel and other means of transportation. These include, by way of example, having to evacuate the Vessel or other means of transportation in case of emergency, having to move about on the Vessel or other vessels during rough seas and lack of access to full medical services. For people who are ill or who have a mental or physical disability or impairment, these risks are more significant. For example: access to all parts of the Vessel, other means of transportation or to facilities on shore may be difficult or impossible for some Guests. In addition, medical evacuations during the Cruise whether at sea, by tender, or by deviating from the scheduled itinerary, may create an increased risk of harm and may not be feasible for a variety of reasons. The Company reserves the right to determine, in its sole discretion exercised in good faith, whether and when a medical evacuation of any Guest from the vessel will occur.

16. Public Health Risks

YOU ARE ENCOURAGED TO DISCUSS THE ADVISABILITY OF TRAVEL WITH YOUR PHYSICIAN AND TO REVIEW RELEVANT TRAVEL ADVISORIES FOR UPDATED INFORMATION. YOU ACKNOWLEDGE, UNDERSTAND, AND ACCEPT THAT WHILE ABOARD THE VESSEL, IN TERMINALS AND BOARDING AREAS, OR DURING ACTIVITIES ASHORE AND/OR WHILE TRAVELING TO OR FROM THE VESSEL, YOU OR OTHER GUESTS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES INCLUDING, BUT NOT LIMITED TO, COVID-19, INFLUENZA, COLDS AND/OR NOROVIRUS. YOU FURTHER UNDERSTAND AND ACCEPT THAT THE RISK OF EXPOSURES TO THESE COMMUNICABLE ILLNESSES AND OTHERS ARE INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, ARE BEYOND THE COMPANY’S CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. YOU KNOWINGLY AND VOLUNTARILY ACCEPT 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.

17. Compliance with Laws and Vessel Rules

You shall be responsible for complying with the requirements of all immigration, port, health, customs, quarantine and police authorities, and all other laws and regulations of each country or state from or to which You will travel, as well as this contract. You must at all times obey all the policies, rules, regulations and orders of the Vessel, the Company, and the Captain (including without limitation the Company’s environmental policy). You shall not solicit other Guests for commercial purposes or advertise goods or services without the Company’s prior written permission. You may be disembarked without liability for refund, payment, compensation, or credit of any kind if You or any Guest for whom You are responsible violate any of these requirements, and You agree to assume and/or reimburse the Company for any expenses or fines that may be incurred as a result of such noncompliance.

18. Unauthorised Stopovers/Disembarkation

Unauthorized stopover or disembarkation or failure to make any sailing of the vessel at any port shall be at Your sole risk and expense, You may be denied subsequent boarding, and You will not be entitled to any refund, payment, compensation or credit of any kind. If You plan to disembark the vessel and/or to offload baggage or any other goods before Your authorized port of call, You must advise the Company no later than the day before arrival in that port to arrange an inspection of You and/or Your belongings by local customs authorities. Should You fail to

comply with this requirement and You and/or Your belongings are not presented for inspection, You may be assessed monetary penalties by local authorities. Furthermore, You agree to assume and/or reimburse the Company for any expenses or fines that may be incurred as a result of such noncompliance. You acknowledge that for round trip cruises commencing in a country that stop in other ports of that country, You may visit but may not permanently disembark in any port in that country other than the port of embarkation. If You do disembark in a different port in that country, a fine or penalty may be imposed by that country’s government. In consideration of the fare paid, You hereby agree to pay any such fine or penalty imposed because of Your failure to complete the entire Cruise.

Without limiting the above, for international cruises departing from a port in Japan and calling at other port(s) in Japan, passengers may stop over at ports other than the port of embarkation but may not end the cruise and disembark at such a port, provided however, after a stop at any port in a foreign country, that you may disembark at a port (other than the port of embarkation) in Japan with the Company’s prior consent.

1G. Medical care and other personal services

Due to the nature of travel by sea and the ports visited, the availability of medical care may be limited or delayed and emergency medical evacuation will not be possible from every location to which the Vessel sails.

All health, medical or other personal services in connection with Your Cruise are provided solely for the convenience and benefit of Guests who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the Vessel or elsewhere at Your sole risk and expense without liability or responsibility of the Company whatsoever, and agree to indemnify the Company for all medical or evacuation costs or expenses incurred on Your behalf.

Physicians, nurses or other medical or service personnel shall not be considered to be acting under the control or supervision of the Company, since the Company is not a medical provider. The Company does not undertake to supervise the medical expertise of any such medical personnel and will not be liable for the consequences of any examination, advice, diagnosis, medication, treatment, prognosis or other professional services which a physician or nurse may or may not furnish You.

Similarly, and without limitation, all spa and beauty services personnel, fitness instructors and other service personnel shall be considered independent contractors who work directly for the Guest.

The Company strongly recommends that all Guests travel with a sufficient supply of their prescription medications to last fourteen (14) days beyond the scheduled conclusion of the Cruise.

20. Liability limitations for Luggage and Personal Effects

In respect of loss or damage to baggage of other personal effects, You agree as follows:

a. the Company’s liability for loss or damage to baggage shall not exceed 150,000 yen per Guest per Cruise

b. the Company shall not be liable for any damage or loss caused outside the Vessel

c. any liability of the Company under this section shall be reduced by an amount attributable to the Guest’s negligence

d. the Company shall not be liable for any loss or damage to the Guest’s personal effects unless the fact of such damage is notified in writing to the Company as soon as such fact becomes known and at the latest by the time the Guest disembarks (within 14 days after disembarkation if there are unavoidable circumstances).

In no event shall the Company be liable for normal wear or tear of a Guest’s property or baggage.

The Company shall not be liable for any loss or theft of or damage to or disposition of cash, securities, negotiable instruments, jewelry, gold, silver or similar valuables or precious stones, works of art, electronics, computers (whether handheld, laptop or other), digital or flash drive computer equipment, disks, memory cards or other electronic storage, handheld or similar devices, cellular telephones, cameras, video or audio tapes, CDs, binoculars, recreational equipment, dental hardware, cosmetics, electric hair appliances, liquids, luggage locks, eyewear (including eyeglasses, sunglasses and contact lenses), hearing aids, medications, medical equipment, wheelchairs, scooters, liquor or other alcoholic beverages, cigarettes, tobacco products or business or other documents under any circumstances, whether carried within Your luggage or otherwise. You may use the safe in Your suite. However, You agree use of the suite’s safe will not increase the Company’s liability as provided in this Cruise Contract.

21. Limitation on the Company’s liability

a. General: Nothing contained in this Cruise Contract shall limit or deprive the Company of the benefit of the applicable statutes or laws of Japan or any other country; or any international convention providing for release from, or limitation of, liability.

b. Acts Beyond the Company’s Control, Force Majeure: Except as provided in section 7 with regard to refunds and certain other expenses for cruises that are cancelled or terminated due to mechanical failures, the Company is not liable for death, injury, illness, damage, delay or other loss to person or property of any kind caused by an act of God; epidemic; pandemic; disease outbreak; public health crisis; natural disasters; inability to procure fuel and/or provisions; port and/or airport closures; acts of civil or military authority; acts, regulations, or laws of any government; government order or regulation; war; civil commotions; labor trouble; terrorism, crime or other potential sources of harm; governmental interference; perils of the sea; fire; seizure or arrest of the vessel; the need to render medical or other assistance, or any other cause beyond the Company’s exclusive control, or any other act or omission not shown to be caused by the Company’s negligence.

c. Claims for Emotional Distress: The Company shall not be liable to the Guest for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such damages proven in a court of competent jurisdiction arising from and attributable to Guest's physical injury or as the result of Guest having been at actual risk of immediate physical injury proximately caused by the Company’s negligence (“Emotional Harm”).

d. Assumption of Risk: You agree that by using the vessel's pools, sauna, athletic or recreational equipment and facilities or taking part in organized group or individual activities, whether on or off the Vessel or as part of a shore excursion, You assume the risk of injury, death, illness or other loss. You agree that the Company in no

event is liable to You with respect to any occurrence taking place off the Vessel, launches, tenders or other craft owned or operated by the Company or for any event caused by the criminal conduct of any third party.

e. Excursions, Shoreside Services and Other Transportation: All travel facilities, tours, activities, products or services, other than aboard the Company’s vessels and tenders owned or operated by us, provided in connection with, before, after or during Your Cruise, including but not limited to pre- and post -cruise activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, aircraft, or other conveyance, including, but not limited to, air travel to and from the vessel, are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to the Company’s supervision or control. In providing or selling reservations or tickets in connection with any such activities, services or transportation or by accompanying You during such activities, the Company does so as a convenience to Guests and shall be entitled to impose a charge and earn a profit from the sale of such excursions, services or transportation, but does not undertake to supervise or control such independent contractors or their employees, conveyances or facilities. The Company accepts no liability for any loss, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations of any excursion, service or transportation including but not limited to air flight cancellation(s), errors in seat reservation, upgrade, overbooking or ticketing. The Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any such contractors, transportation, tours, services, products or facilities. Any liability for such services will be governed by this Cruise Contract and the contracts and/or tariffs between You and such service companies. You agree that the Company’s liability, if any, for non-performance of any independent contractor providing such facilities or services shall not exceed the amounts received for such facility or services by the Company on Your behalf. Any company or person providing services or facilities of any kind in connection with a shore excursion or other activity offered for purchase by the Company shall have the benefit of every defense to which the Company is entitled under this Cruise Contract.

The Company neither supervises nor controls other independent tour providers or carriers (“third party operators”) that may arrange, provide, and/or operate travel or transportation services for Guests traveling to or from its vessels, or while off its vessels, whether by land, rail, sea, or air; and regardless of whether arranged in connection with the Company’s cruise or separately. Any such third-party carrier remains solely liable for whatever loss, injury, damage, or death may arise from or be caused by or during any travel, tour, sightseeing, or transportation services provided by that third party.

f. Indemnification: You agree to reimburse and indemnify the Company for any damages, liabilities, losses, penalties, fines, charges or expenses of any nature whatsoever incurred by You or imposed upon the Company as a result of any act, omission or violation of law or this Cruise Contract by You or any minor or other Guest in Your care.

22. Claims Limitations

The following provisions are for the benefit of the Company and certain third-party beneficiaries as set forth above in section 2:

a. Notice of Claims and Time Limits for Legal Action:

o (i) Claims for Injury, Illness or Death: In cases involving claims for Emotional Harm, bodily injury, illness to or death of any Guest, no lawsuit may be brought against the Company unless (1) written notice giving full particulars of the claim is delivered to the Company within 6 months from the date of the Emotional Harm, bodily injury, illness or death, (2) a lawsuit on such a claim is filed within 1 year from the date of the injury, illness or death, and (3) valid service of the lawsuit is made within 90 days of filing the complaint.

o (ii) All Other Claims: No claim of any kind, including without limitation alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this contract or Guest's Cruise, other than for emotional or bodily injury, illness or death of any Guest, shall be brought against the Company unless (1) written notice giving full particulars of the claim is delivered to the Company within 15 days of the actual or scheduled termination date of the Cruise, (2) legal action on such claim is commenced within 1 year from such scheduled termination date, and (3) valid notice or service of any such action is effected upon the Company within 90 days after commencement of the action.

b. Forum and Jurisdiction for Legal Action:

This Agreement shall be governed by and construed in accordance with the laws of Japan. Each party agrees to submit the exclusive jurisdiction of the Tokyo District Court of Japan for settlement of disputes arising out of or in connection with this Agreement.

23. Personal data and Privacy matters

The personal data You provide to the Company, or which the Company collects or receives about You, will be processed in accordance with the Company’s privacy policy which is available at Privacy Policy | Mitsui O.S.K. Lines Cruises Ltd.. The personal data the Company collects from or about You may include Your name, street or email address, date of birth, passport, financial account, and/or telephone numbers, likeness, photograph, audio recordings or video images captured on board the Vessel, or other information which would identify You personally. Onboard purchases of goods and services and participation in onboard activities including spa and shore excursions, may generate additional personal data during Your voyage. You may also provide the Company, or the Company may collect, certain sensitive data such as Your health, medical condition, dietary or religious restrictions, gender or sexual orientation. You agree the Company may (a) keep Your personal and sensitive data ("PSD"); (b) use it in its business worldwide in accordance with

its privacy policy; (c) share it with the Company’s affiliated/related companies, and (d) subject it to processing worldwide provided the Company’s safeguards are used. You agree any PSD You provide to the Company in the European Economic Area ("EEA") may be used, processed and transferred within and outside the EEA and specifically to Japan.

You agree the Company may disclose Your PSD to unaffiliated third parties: (a) after You request or authorize it; (b) to help complete a transaction for You; (c) to comply with law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas; (d) to enforce this contract or other agreements, or to protect the rights, property or safety of the Company or others; (e) as part of a purchase, transfer or sale of services or assets; (f) when provided to our agents, outside vendors or service providers to perform functions on our behalf; (g) to Your relatives, travel companions and/or other third parties if expressly authorized by You; (h) with select marketing and strategic business partners for marketing or other commercial purposes, in accordance with Your preferences and applicable laws; or (i) as otherwise described in the Company’s privacy policy, as amended from time to time.

The Company may utilize closed circuit television, body cameras and other surveillance means on board the vessel that record Your image, voice and/or conduct at any time in the interests of safety and security.

The Company may use facial recognition software and/or technology that uses unique characteristics of Your face from Your security photo or live images to facilitate camera- enabled rapid embarkation and debarkation at entry and exit of the vessel at ports of call. By consenting to these terms and conditions, You acknowledge and consent to the use of facial recognition software and technology. Your unique facial identifiers supporting facial recognition will be deleted from our system after the end of Your cruise. The Company retains ownership of copyright in all photographs taken by our professional photographers.

You expressly agree not to use any photograph, video recordings and other visual or audio portrayals of You and/or any other Guest in combination with crew members or the Vessel, or depicting the Vessel, its design or equipment or any part thereof whatsoever for any commercial purpose or in any media broadcast or for any other non-private use, without the express written consent of the Company.

The Company may, but is not required to, make wireless Internet or telephone access ("Wireless Services") available as a convenience; the Company accepts no responsibility for interruptions in its service. You agree to use Wireless Services at Your own risk; the Company shall not be liable in any manner for resulting claims (including without limitation lack of privacy), losses or damages. Using Wireless Services is public and, as such, information sent or received is not guaranteed to be private. Your PSD may be available to third parties through, or in connection with Your use of, the Wireless Services, and the Company is not liable for any lack of privacy while using Wireless Services.