Blue & Gold Fleet reserves the right to, without prior notice, cancel voyages, change the time of departure, delay departures, and delay arrivals. This ticket is non-refundable, non-exchangeable, except that cancelled voyages are subject to refunds at the face value of the ticket. This ticket is a revocable license that is personal to the purchaser and may not be assigned, transferred or re-sold. Lost tickets will not be replaced. Presence on the voyage shall be consent to your image being recorded and used for commercial purposes without payment. All passengers and carry-on items are subject to search. No suit, action or proceeding against Blue & Gold Fleet or it’s owners, partners, parent, subsidiaries, affiliates or contractors, or against the vessels, agents, crew or employees of any of the foregoing entities (collectively the “B&G Group”), arising in connection with or incident to this ticket or the voyage covered by this ticket, whether based on contract or tort (“Claim”) (including, but not limited to, Claims for personal injury, death or loss of property) shall be maintainable unless written notice of such Claim be delivered to Blue & Gold Fleet within six (6) months from the day when the incident giving rise to the Claim occurred (“Loss Date”). All unresolved Claims shall be initially referred to mediation administered by the American Arbitration Association in San Francisco, California (“SFAAA”) within sixty (60) days after the Loss Date. If such mediation does not resolve the Claim within one hundred twenty (120) days after the Loss Date, the Claim shall be referred to and resolved exclusively by binding arbitration before the SFAAA in accordance with it’s commercial arbitration rules, and judgment on the award rendered may be entered in any court having jurisdiction. Commencement of arbitration must be filed, if at all, within one (1) year after the Loss Date. All Claims shall be governed by the federal maritime law. If any Claim is finally determined by a court or arbitrator of competent jurisdiction to be not subject to arbitration, such Claim shall be litigated, if at all, in and before the United States District Court for the Northern District of California located in San Francisco, California, to the exclusion of the courts of any other county, state or country and shall be based exclusively on the admiralty jurisdiction of such U.S. District Court. All defenses, immunities, exemptions and limitations of liability hereunder or at law are claimed and reserved by Blue & Gold Fleet for itself and shall also apply to the benefit of all persons, entities and vessels within the B&G Group.
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