- TERMS & CONDITIONS
FERRIES DEL CARIBE-TICKET CONTRACT
IMPORTANT TERMS AND CONDITIONS OF CONTRACT
READ CAREFULLY AS THEY AFFECT YOUR RIGHTS
Whether or not signed by passenger, the possession of this ticket shall be deemed to be an undertaking and acknowledgment by passenger that he/she accepts on his/her behalf and all other persons traveling under this ticket, all the terms and conditions set out herein. The attention of passengers is especially directed to clauses 9 and 10, which contain important limitations on the rights of passengers to assert claims against Ferries del Caribe, Inc. the vessel, their agents, and others, including forum selection.
(a) Whenever the word “Carrier” is used in this Contract it shall mean and include, jointly and severally, Ferries del Caribe, Inc., the Vessel, its owners, operators, charterers and tenders.
(b) The term “Guest” and/or “Passenger” shall include, the plural where appropriate, and all persons traveling under this Contract including heirs, representatives and minors.
(c) The “Vessel” means the ship chartered by Carrier on which passengers may be traveling.
(d) “Fare” means the amount paid by Passenger for ocean transportation only. The fare shall be deemed to be earned when paid and not refundable, except as otherwise stated in this Contract. Fares are displayed on the Carrier's website and at all its ticketing locations. All fares quoted are subject to change without prior notice. The fare does not include tips, food during the voyage, spirits, wine, beer, soft drinks or mineral water, salon and spa services, nor any other incidental charge or expense. In addition, the fare does not include Government taxes and fees or fuel supplement charges.
(e) “Government Taxes/Fees” are charges imposed by the U.S. Government, the Government of the Commonwealth of Puerto Rico or the Government of the Dominican Republic relating to ocean transportation on passenger. Your charges will be assessed by the previously mentioned governments and are entirely the responsibility of the Passenger who is responsible for payment thereof to the proper governmental authorities.
(f) “Fuel supplement charges” shall mean any additional charge to defray a portion of Carrier's fuel costs. Carrier reserves the right to charge a fuel supplement charge without prior notice. The amount of fuel supplement charges and government fees and taxes is subject to change and Carrier reserves the right to pass to the Guests (including fully paid guests) any increases in such items.
2. SCOPE OF CONTRACT.
(a) This passage ticket is valid only for the person or persons named herein as the guest or guests and cannot be transferred without the Carrier's written consent. Passage money shall be deemed to be earned when paid and not refundable except as otherwise stated in this Contract.
(b) The Carrier shall not be liable to make any refund to Guest in respect of lost tickets or in respect of tickets wholly or partly not used by a guest.
(c)The Carrier reserves the right to increase the published fare without prior notice. In the event of an increase, the Guest has the option of accepting the increased fare or cancelling reservations without penalty. Cancellations must be done by the Passenger within ten (10) days after the date of notice of the fare modifications.
(d) All rights, exemptions from liability, defenses and immunities of the Carrier under this Contract shall also benefit the Carrier's servants, agents and independent contractors who shall have no liability to the Guest, either in contract or in tort, which is greater than or different from that of the Carrier. For the purpose of this clause, the Carrier shall be deemed to be acting as agent and trustee for such servants, agents and independent contractors, and all such persons or entities shall, to this extent, be or be deemed to be parties to this Contract.
3. PASSENGER'S OBLIGATIONS.
Before boarding the Vessel, the Passenger must:
(a) Pay the entire Fare.
(b) Familiarize with the Passage Contract.
(c) Bring all required travel documents such as passports, visas, proof of citizenship, entry permits, minor's permissions, medical certificates, and all other necessary departure and/or entry documents. It is the Passenger's sole responsibility to obtain and have available, when necessary, the appropriate valid travel documents. All Passengers are advised to check with their travel agent or the appropriate government authority to determine the necessary documents. All Passengers without proper documentation will be refused boarding or disembarkation without right to compensation, refund or payment whatsoever. Passengers will also be responsible to reimburse any fine or other costs incurred by Carrier which results from improper documentation or noncompliance with applicable regulations.
(d) Arrive to Port at least three (3) hours before the scheduled sailing time and possess all required travel documentation. In the case of Passengers traveling with cars, the arrival time is at least six (6) hours before sailing time.
(e) Be sure that all persons traveling with him/her are fit to travel by sea.
(f) Passengers under the age of twenty one (21) must be accompanied by a Passenger twenty (21) years or older who shall assume responsibility for their care on board the vessel. Each Passenger hereby agrees and warrants that he/she will supervise any Passenger in his/her care at all times to ensure that all policies, along with all other rules of the Carrier and ship, are strictly adhered to by all Passengers under their supervision. Carrier shall not be liable for loss, damage or delay resulting from Passenger's failure to comply with any of the requirements set forth above.
(g) If the Passenger has paid for the ticket with a credit card, he/she must present the card at the counter during registration and authorize the transaction with his/her signature. If the ticket was paid for with another person's credit card, the cardholder must present him/herself with the Passenger at the counter during registration, show the credit card, a photo identification and authorize the transaction with his/her signature. The cardholder also has the option to visit one of Carrier's offices before departure to approve the use of the credit card by the Passenger. Carrier reserves the right to deny transportation to any person that does not comply with the previously mentioned requirements and who refuses to use any other payment method acceptable for the company.
4. FITNESS TO TRAVEL, SPECIAL NEEDS, PREGNANT PASSENGERS, MINORS.
(a) The Guest warrants that he/she and those traveling with him/her are physically and mentally fit to travel by sea at the time of embarkation. The Guest must, at the time of making a reservation to travel, inform the Carrier in writing of any existing illness, disability, or any other condition for which the Guest or any other person in his/her care may require medical attention during the course of the voyage. If any such condition arises after Guest has made his/her reservation, Guest must report the condition to the Carrier before boarding the vessel, or, if Guest has boarded, to the vessel's purser or physician before the vessel leaves port. Neither the Carrier nor the vessel's physician or other medical personnel, if any, shall in any event have any liability arising from or related to such condition or treatment for such condition.
(b) The Carrier reserves the right to refuse travel passage to any person who, in the sole opinion of the Carrier, is physically or mentally unfit to undertake the voyage. If the Carrier does refuse passage, unearned travel fare, if any, will be refunded to Passenger, and upon such refund, the Carrier shall have no further liability to the Passenger. The Carrier reserves the right to refuse passage at any time to any person who fails to give written notice to the Carrier at the time the travel reservation is made, or later if the condition arises thereafter, of any physical or mental disability, illness, handicap, or other condition which may require special attention or medical treatment during the voyage.
(c) Notwithstanding the provisions of subsections 4 (a) and (b) of this Contract, the Carrier and the ship's Physician or other medical personnel, if any, shall have no obligation whatsoever to examine any Guest for any purpose prior to boarding. The Carrier may confine to his or her cabin, change the accommodations, or disembark at any port, a Guest who may, in the opinion of carrier, be suffering from a contagious or infectious disease, or whose presence, in the opinion of the ship's Master or the ship's Physician, may be detrimental to the comfort or safety of such Guest or of other guests or the crew, or who might be excluded from landing at destination by governmental authorities. In case of quarantine of the ship involving detention of guests, each guest must bear all costs and expenses thereby caused to him or her, and will be charged for food and accommodation during the period of detention, payable day by day, if maintained on board the ship, and for all other quarantine fees and expenses imposed or incurred on his or her account.
(d) The Guest agrees that the Carrier shall be held harmless from and not be liable for any loss or injury (to the extent not caused by the negligence of Carrier, its servants or agents) or deterioration or exacerbation of any medical condition to which he is subject, whether known or unknown, disclosed or undisclosed, which arises from, is caused by and/or is directly related to said medical condition.
(e) In addition to the limitations stated before, all pregnant Guests entering the twenty fourth (24) weeks of gestation by the time of the voyage, further agree to provide Carrier with a physician's statement verifying that her gestational status is in accordance with this policy and certifying her fitness to travel even if she will be less than twenty four (24) weeks of gestation upon embarkation. Failure to do so shall result in the cancellation of the Guest's reservation without the right to receive any refund, compensation or payment.
(f) When a Passenger is traveling with a minor and both parents/legal guardians are not traveling, Carrier strongly recommends bringing an original signed and notarized authorization from the absent parent/guardian for the minor to travel. This will expedite processing by the Department of Homeland Security.
5. WAIVER FOR MEDICAL CARE AND OTHER PERSONAL SERVICES.
(a) If the vessel carries a physician, nurse or other medical personnel, it is done solely for the convenience of the Guest and any such person, in dealing with the Guest, is not and shall not be considered in any respect whatsoever, as the employee, servant or agent of the Carrier and the Carrier shall not be liable for any act or omission of such person or those under his/her orders or assisting him/her with respect to treatment, advice or care of any kind given to any Guest.
(b) The physician, nurse or other medical personnel are each independent contractors and shall be entitled to make a proper charge for any service performed with respect to a Guest and the Carrier shall not be concerned in any way whatsoever in any such arrangement. Passenger agrees to indemnify the Carrier for all medical or evacuation costs or expenses incurred on his/her behalf.
(c) Guest acknowledges that, in addition to ship's physician and/or nurse, all on board concessions (including but not limited to, shops, spa, beauty salon, fitness center, entertainers, photographers and other service personnel) are either operated by or are independent contractors. Carrier, in arranging for such services, does so only as a convenience for the Guest and Guests are free to use or not use these services. Guest agrees that Carier assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Guest arising from or related with such services. Passengers accept and use medicines, medical treatment and other personal services available on the ship or elsewhere at their own risk and expense without liability or responsibility of Carrier.
6. GUEST'S LIABILITY FOR DAMAGES, FINES AND EXPENSES.
(a) The Guest, and the parent or guardian of Guests who are minors, shall be liable to and shall reimburse the Carrier for all damages to the Vessel, its furnishings and equipment, or any property of the Carrier caused directly or indirectly in whole or in part by any willful or negligent act or omission on the part of the Guest. The Guest shall indemnify the Carrier and the Vessel, their servants and agents against liability which the Carrier or the Vessel or such servants or agents may incur towards any person or company or Government for any damage to property, personal injury or death caused directly or indirectly, in whole or in part, by any willful negligent act or omission on the part of the Guest.
(b) In the event of medical emergency requiring emergency medical transportation, the Guest agrees to indemnify the Carrier for the cost of emergency medical transportation if same has been paid by Carrier. (c) Should the Vessel deviate from its course due to Guest's negligence, said Guest or his estate shall be liable for any related costs incurred.
(d) The Guest or, if a minor, his/her parent or guardian shall be liable to the Carrier and to Master for any fines or penalties imposed on the Carrier by the authorities for his failure to observe or comply with local requirements in respect of Immigration, Customs and/or Excise or any other Government regulations whatsoever, and for all costs and expenses, including but not limited to attorney's fees, incurred by the Carrier or Master in defending, mitigating and/or nullifying any such fines or penalties.
7. CARRIER'S LIEN OVER GUEST'S PROPERTY.
The Carrier and the Vessel shall have a lien upon all baggage, money and other property whatsoever accompanying the Guest and the right to sell the same by public auction or otherwise for all sums whatsoever due from the Guest under this Contract and for the costs and expenses of enforcing such lien and of such sale.
8. LIMITATIONS ON CARRIER'S LIABILITY.
(a) The Carrier shall be liable only for its negligence. The Carrier shall not be liable for death, injury, illness, damage, delay or other loss to person or property of any kind caused by an Act of God, including but not limited to storms, lightning, rain and flood; war, civil commotions; labor trouble, terrorism, crime or other potential sources of harm; governmental interference; perils of the sea; fire; mechanical defects, or any other cause beyond Carrier's reasonable control; or any other act not shown to be caused by Carrier's negligence.
(b) Carrier shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of Carrier and resulted from the same passenger sustaining actual physical injury; or when such damages are held to be intentionally inflicted by Carrier.
(c) Carrier shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Carrier nor for any intentional or negligent acts of Carrier's employees committed while off duty or outside the course and scope of their employment.
(d) The Guest admits a full understanding of the nature of the Vessel and assumes all risks incident to travel and transportation and handling of guests and cargo. Guests assume full responsibility for their own safety and of all minors traveling with them. Carrier is not an insurer of its Guest's safety.
(e) Carrier may, at any time, without notice or liability for refund, payment or compensation except as provided herein, cancel the voyage, change the date or time of sailing or arrival, change the port of embarkation or disembarkation and substitute ships. Passenger shall have no claim against Carrier, and Carrier shall not be liable for hotel or meal charges, travel expenses or other loss, delay, inconvenience, disappointment or expense whatsoever in such circumstances.
9. CARRIER'S LIMITATION OF LIABILITY FOR LOSS, INJURY OR DEATH. TERM TO PRESENT A CLAIM.
The Carrier shall not be liable for any claims whatsoever of the Guest unless full particulars thereof, in writing, are given to the Carrier or its agents within six (6) months after the Guest shall be landed from the Vessel or, in the case the Voyage is abandoned, within six (6) months thereafter. Suit to recover on any such claim shall not be maintainable in any event unless commenced within the non-extendable time period of one (1) year after the date of the loss, injury or death. Guest expressly waives all other potentially applicable state or federal limitations period.
10. JURISDICTION AND VENUE.
It is agreed by and between the Guest and the Carrier that all disputes and matters whatsoever arising under, in connection with or incident to this Contract shall be litigated, if at all, in and before a state or federal Court with admiralty jurisdiction located in the Commonwealth of Puerto Rico to the exclusion of any administrative forum and the Courts of any other state or country.
11. YOUR TRAVEL AGENT.
Any travel agent utilized by the Guest in connection with this Contract is solely the agent of the Guest and not of the Carrier. Carrier shall not be responsible for the financial condition or integrity of any travel agent utilized by Guest in connection with this Contract. In the event that an agent shall fail to remit to Carrier any monies paid to the agent by Guest, Guest shall be and remain liable for the full fare owed to Carrier, regardless of whether liability is asserted before or after embarkation. Any refund made by Carrier to an agent on behalf of Guest shall be deemed payment to Guest, whether or not the monies are delivered by the agent to Guest.
12. BAGGAGE, PERSONAL PROPERTY, PROHIBITED ITEMS.
(a) Each fully paid Guest will be allowed no more than 3 pieces of baggage measuring no more than 30 x 18 x 12 inches each, and weighing no more than 35 pounds each. Baggage means only suitcases, valises, satchels, bags, hangers and/or similar products, with their contents consisting of only such wearing apparel, toiletries and similar personal effects as are necessary and appropriate for the purpose of the journey. Carrier shall not be liable for any loss or damage before baggage comes into Carrier's actual custody on board at the port of embarkation or after baggage leaves Carrier's actual custody on board at the port of debarkation.
(b) No tools of trade, household goods, presents and/or property of others, jewelry, money, cameras, documents, valuables of any description including but not limited to such articles as are described in Title 46 of the United States Code section 30503 shall be carried in the Vessel except under and subject to the terms of a special written contract or Bill of Lading entered into with Carrier prior to embarkation upon application of the Guest. The Guest warrants that no such articles are contained in any receptacle or container presented by him as baggage hereunder. If any such articles are shipped in the Guest's baggage in breach of this warranty, no liability for negligence shall attach to Carrier for any loss or damage thereto.
13. LIMITATION OF LIABILITY FOR LOSS OF LUGGAGE.
It is stipulated and agreed that the aggregate value of each Guest's property under the passage ticket does not exceed $500.00 and any liability of the Carrier for any cause whatsoever with respect to said property shall not exceed such sum. If Carrier shall be held liable for the loss of or damage to Guest's property, it is agreed that such liability shall not exceed the lesser of: (1) $500.00, or (2) the actual cash value of the lost or damaged property. In no event shall the Carrier be liable to pay any compensation if the nature or value of the property has been misrepresented to it.
14. PASSENGERS TRAVELING WITH VEHICLES.
(a) Passengers traveling with their automobiles must follow all procedures and requirements set forth by the pertinent agencies of the Government of the United States of America, the Government of the Commonwealth of Puerto Rico, and the Government of the Dominican Republic for such purposes including, but not limited to, the dispositions set forth in the “Procedure for the Exportation and Importation of Vehicles and Merchandise Through the Ferry Service Between the Port of Mayaguez, Puerto Rico and The Dominican Republic”, promulgated by the relevant governmental agencies of the Government of The Commonwealth of Puerto Rico and also applies to the Port of San Juan, which is incorporated herein and made a part of this Contract by reference. Full copy of the mentioned “Procedure For the Exportation and Importation of Vehicles and Merchandise Through the Ferry Service Between the Port of Mayaguez, Puerto Rico and The Domincan Republic” is available for review and inspection at the offices of the Carrier in Mayaguez and San Juan, Puerto Rico, and Santo Domingo, Dominican Republic.
(b) All arrangements and charges for proper compliance with the importation or exportation requirements of the Dominican Republic, the Commonwealth of Puerto Rico and/or the United States of America are entirely the responsibility of the Passenger. Carrier will not have and accepts no obligation to assist any Passenger in the fulfillment of the requirements for importation or exportation of the Dominican Republic, the Commonwealth of Puerto Rico and/or the United States of America. Likewise, Carrier will have no liability whatsoever for any damages, economical, physical, consequential or of any other nature, allegedly suffered by a Passenger or Guest as a result of improper fulfillment of the requirements to import or export a vehicle or any other merchandise into the Dominican Republic, the Commonwealth of Puerto Rico or the United States of America.
(c) The Passenger or Guest hereby declares that all items and articles of value have been removed from the interior, trunk and/or any other compartments of his vehicle. Carrier does not accept and will have no liability for damage to and/or loss of articles left by Passenger in the interior, trunk and/or any other compartments of Passenger's vehicle. Likewise, Carrier will have no liability whatsoever for damage and/or loss of any of the vehicle's accessories unless the specific accessory has been declared by the Passenger prior to embarkation and the Carrier has had the opportunity to properly inspect the vehicle and the accessory in question.
15. CARRIER'S RIGHT TO DEVIATE, CANCEL VOYAGE OR CHANGE VESSEL.
(a) The Carrier shall have the liberty, without previous notice, to cancel this Contract at the port of embarkation and shall thereupon return to the Guest any unused portion of his passage money. (b) The Vessel and Carrier, without incurring any liability to Passenger, howsoever consequential thereon, shall be entitled to leave and enter ports with or without pilots or tugs, to tow and assist other vessels in any circumstances, to save life or property, to return to or enter any port at Master's discretion and for any purpose, to deviate in any direction or for any purpose from the direct or usual course, to cancel or delay landing at any port without notice before or after sailing or put back to any port, all such deviations being considered as forming part of and included in the proposed voyage.
(c) If the vessel be prevented for any reason whatsoever, including fault of Carrier, from sailing on or about the advertised date, Carrier shall have liberty to substitute the vessel with any other vessel or to cancel this contract and make refund of the unused passage money paid by Passenger. Carrier shall have no liability for any compensation or other damages in such circumstances. If Passenger voluntarily opts to wait for the next available sailing, Carrier shall have no liability to pay lodging, food, transportation and/or any other incidental cost or damage.
(d) If the performance of the proposed voyage is hindered or prevented (or in the opinion of the Carrier or the Master is likely to be hindered or prevented) for any reason whatsoever or if the Carrier or the Master consider that proceeding to, attempting to enter, or entering or remaining at the port of Guest's destination may expose the Vessel to risk or loss or damage or be likely to delay her, the Guest and his baggage may be landed at the port of embarkation or at any port or place at which the Vessel may call when the responsibility of the Carrier shall cease and this Contract shall be deemed to have been fully performed.
16. GOVERNMENT ORDERS.
The Carrier and the Master shall have liberty to comply with any orders, recommendations or directions whatsoever given by the Government of any nation or by any Department thereof or by any person acting or purporting to act with the authority of such Government or Department or by any Committee or person having under the terms of the War Risks Insurance on the Vessel the right to give such orders, recommendations or directions, and if by reason of, and in compliance with any such orders, recommendations or directions anything is done or is not done the same shall not be deemed a deviation or a breach of this Contract. Disembarkation of any Guest or discharge of his baggage in accordance with such orders, recommendations or directions shall constitute due and proper fulfillment of the obligation of the Carrier under this Contracct.
17. GUEST'S OBLIGATIONS IF DISEMBARKATION IS IMPOSSIBLE OR DENIED.
If for any reason whatsoever the Guest is refused permission to land at the port of destination or such other ports as is provided for in clauses 15 and 16 hereof, the Guest and his baggage may be landed at any port or place at which the Vessel calls or be carried back to the port of embarkation and shall pay the Carrier full fare according to its tariff in use at such time for such further carriage, which shall be upon the terms herein contained.
18. PROHIBITED ITEMS.
(a) No Guest shall be allowed to bring on board the Vessel alcoholic beverages, fruits, vegetables, any kind of un-canned food, dead animals, weapons, firearms, ammunition, explosives or other dangerous goods. All agricultural materials or products being carried by the Passenger must be declared to the representatives of the U.S. Department of Agriculture or the equivalent governmental agency in the Dominican Republic. This includes, for example, plants, food, meat and its derivatives, canned products, fruits, vegetables and the like. All prohibited agricultural products or materials will be subject to confiscation at the time of the inspection. For further information, passengers must contact the U.S. Department of Agriculture and/or the equivalent governmental agency in the Dominican Republic.
(b) With no exceptions, Passengers will not be allowed to bring into any of the public areas of the vessel (decks, cabins, rooms, etc.) any kind of food, fruits, vegetables, soft drinks, alcoholic beverages or any other type of item for human consumption. All carry-on luggage, bags, purses and the like are subject to inspection by Carrier's personnel and all items for human consumption found therein will be removed from the passenger's carry-on luggage and will be taken to the vessel's baggage area where the items will remain for the entire period of ocean transportation.
19. TRANSPORTATION OF PETS.
The Vessel has an area equipped with cages for the transportation of pets. All pets will travel in said area. No pets are allowed in cabins and/or public areas of the Vessel. The previous dispositions do not apply to companion dogs for disabled people, as long as the Passenger presents a certificate that designates the animal as a companion dog. Before boarding, Passengers traveling with pets must obtain a permit by the U.S. Department of Agriculture or the equivalent governmental agency in the Dominican Republic. Carrier has no responsibility for the obtaining of such permits. For further information, passengers must contact the U.S. Department of Agriculture and/or the equivalent governmental agency in the Dominican Republic. Passenger assumes full responsibility for the feeding and care of his/her pet during transportation.
20. CANCELLATIONS BY GUESTS.
(a) A cancellation by a Guest occurs when a reservation is released and not simultaneously re- ooked on the same sailing or if the Passenger does not board the vessel. In such an event, the Guest will be granted a credit allowing him/her to use the released reservation within one (1) year from the date the reservation was released. In order for the Guest to use such credit, a new reservation must be made no later than thirty (30) days prior to the requested new travel date. The new reservation by Guest will be subject to space availability for the requested travel date, to payment of a rebooking fee and to any adjustment in the applicable transportation tariff.
(b) Reservations will be held until one (1) hour prior to departure.
21. WAIVER OF LIABILITY FOR THE USE OF PASSENGER'S LIKENESS.
Carrier and/or its promotional partners have the exclusive right to include photographic, video and other visual portrayals of Guest in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Guest, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Carrier's sole property, free from any claims by Guest or any person deriving any rights or interest from Guest.
22. CARRIER'S RESERVATION OF RIGHTS, IMMUNITIES AND LIMITATIONS OF LIABILITY.
(a) In addition to all the restrictions and exemptions from liability provided in this Contract, the Carrier shall have the benefit of all Statutes of the United States of America providing for limitation and/or exoneration from liability and the procedures provided thereby, including, but not limited to, Sections 4282, 4282A, 4283, 4284, 4285, and 4286 of the Revised Statutes of the United States of America (46 USCA Sections 182, 183, 183(b) 184, 185 and 186). Nothing in this Contract is intended to, nor shall it operate to, limit or deprive the Carrier of any such statutory limitation of or exoneration from liability.
(b) Should any or all of the limitations of liability set forth in the provisions of this Contract be held no to apply with respect to personal injury and death or loss of or damage to baggage and personal property, then the Carrier shall be entitled to the benefit of all limitations, rights and immunities conferred by the Athens Convention of 1974 relating to the Carriage of Passengers and their Luggage by Sea. The Athens Convention, in most cases, limits Carrier's liability for death or personal injury or loss or damage to luggage and makes special provisions for valuables.
(c) If any claim is brought against the Carrier in any place where the applicable limitations and exemptions incorporated in this Contract, or by the law of the United States, or in the Athens Convention, are legally unenforceable, then the Carrier shall not be liable for death, injury, illness, damage, delay or other loss or detriment to person or property arising out of any cause of whatsoever nature not shown to have been caused by the Carrier's own negligence or fault.
(d) Should any provisions of this Contract be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a Court of competent jurisdiction, such provision shall be deemed to be severed from the Contract and of no effect and all remaining provisions herein shall remain in full force and effect and constitute the Contract of Carriage.