Terms of Use

Introduction

This Agreement describes the Terms Of Use ("Terms") applicable to the services available through this website. This Agreement describes your responsibilities and, among other things, limits the liability of Ruby Cruises, LLC ("Ruby Cruises"). Before using any of the services offered on our website, please read all of this Agreement carefully. Your use of this website (the "Site") constitutes your agreement to be legally bound and abide by all terms, conditions and notices contained herein. If you do not agree with any part of these Terms of Use, YOU MUST NOT USE THIS SITE.

Amendments

Ruby Cruises, reserves the right, in its sole and absolute discretion, to amend this Agreement at any time by posting the amended terms on this Site. The amended terms shall be effective from and after the date that they are posted on the Site.

Privacy

Ruby Cruises, LLC, incorporates herein, by reference, its Privacy Policy.

Age and Responsibility

You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to supervise all use of the Site by minors using your name or account. You also warrant that all information supplied by you or members of your household in using the Site is true and correct. You understand that you are financially responsible for all uses of the Site by you and those using your name or account.

Copyright Notice

You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Ruby Cruises, or various third party providers ("Providers"). Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code and related laws contained therein. The use on this Site of any Content of or belonging to any Provider, and the availability of specific goods or services from such Provider through this Site, should not be construed as an endorsement or sponsorship of this Site by any such Provider, or the participation by such Provider in the offering of goods, services or information through this Site.

Trademark Notice

"RUBYCRUISES.COM", "RUBY CRUISES", and "RUBY CRUISES, LLC" are existing or pending marks. Other product and company names identified on this Site may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party. The use on this Site of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party, and the availability of specific goods or services from such third party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third party, or the participation by such third party in the offering of goods, services or information through this Site.

Acceptable Use of Credit Cards

It is a violation of law to purchase a product in a false name or with an invalid credit card. Fraudulent users will be prosecuted to the fullest extent of the law.

Disclaimer Regarding Providers

THE AIR CARRIERS, HOTELS, CAR RENTAL AGENCIES, CRUISE LINES, TOUR OPERATORS AND OTHER THIRD PARTY SUPPLIERS (collectively, "PROVIDERS"), OFFERING TRAVEL OR OTHER SERVICES ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF RUBY CRUISES. RUBY CRUISES ACTS SOLELY AS A SALES AGENT FOR THE PROVIDERS, AND IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH PROVIDERS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. RUBY CRUISES SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, ACTS OF WAR, TERRORISM, DISEASE OR OTHER MAJOR FORCE EVENT OR OTHER CAUSE BEYOND ITS DIRECT CONTROL, AND RUBY CRUISES HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, ACTS OR OMISSIONS OF ANY GOVERNMENTAL AUTHORITY. THE FACT THAT RUBY CRUISES INCLUDES OR OFFERS ANY PRODUCT OR SERVICE ON THE TRAVEL SITE DOES NOT MEAN RUBY CRUISES IS ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE.

No Warranties

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the purchase of any product, (ii) that a User will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, (iv) that use of this Site and all software, products or services associated with this Site will be error free, (v) regarding the results that may be obtained from the use of this Site, (vi) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site, or (vii) regarding the performance or non-performance of this Site including. You expressly agree that the use of this Site is at your sole risk.

General Limitation of Liability

IN NO EVENT SHALL RUBY CRUISES, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF RUBY CRUISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with these Terms of Use nor for any Provider's failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty, and return of perishables.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the fee or charge to the User assessed by Ruby Cruises for making a Purchase.

Some states, to the extent their law might be deemed to apply notwithstanding the selection of Florida law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Third Parties

If you use this Site to purchase products or services for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms of Use applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto.

Each User using this Site for or on behalf of a Third Party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described above.

User Comments, Feedback and Other Submissions

All comments, images, feedback, compilations, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of Ruby Cruises and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to other Websites and Services

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Terms Of Purchase

Under no circumstances may a User utilizing this Site, unless the User has provided Ruby Cruises with the account number and expiration date of a major credit card, make a purchase. Please note that separate terms of use and conditions dictated by the applicable Provider will apply to your reservation and purchase of products and services on the Site. You agree to abide by such terms of use and conditions, including payment of all amounts when due and compliance with the applicable Provider's policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such Provider's terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, (c) your being denied access to any flights, hotels or other products or services, and (d) Ruby Cruises debiting your account for any costs Ruby Cruises incurs as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the Site.

Travel to Certain Destinations

While most travel — domestic and international — is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. Ruby Cruises urges users of the Site to review current travel advisories, warnings and restrictions issued by the United States government before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations. For more information, please visit www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and  www.customs.gov.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, RUBY CRUISES DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS SAFE, ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Contract of Carriage

The contract of carriage in use by a Provider, when issued, shall be between the Provider and the passenger.

Cruise Line Itineraries

The cruise line has reserved the right to cancel or change itineraries at any time.

Disputes

The laws of the State of Florida (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Pasco County, Florida (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.

Miscellaneous

The captions in these Terms are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of these Terms.

These Terms represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements or representations.

If any provision of these Terms is found to be unenforceable, such provision shall still be enforced to the fullest extent of applicable law and shall not affect the enforceability of the remaining provisions.