Annual Cruise Membership

These terms and conditions (“T&Cs”) apply to the purchase and use of a Margaritaville at Sea® (“MVAS”) Annual Cruise Membership ("Membership"). These T&Cs govern only the Membership and do not govern any matter arising on or during a cruise booked with the Membership, which matters are governed by the terms of the Cruise Ticket Contract as more fully described in Section 4.4 below. By purchasing a Membership, you agree to become a MVAS Annual Cruise Membership holder ("Member") and must comply with these T&Cs, as well as any other applicable terms, conditions or agreements, including but not limited to, the Cruise Ticket Contract applicable to all sailings, Terms and Conditions of Use applicable to your use of the MVAS website (www.margaritavilleatsea.com) (the "Website"), and any other applicable terms, conditions or agreements including without limitation terms of payment. Except as set forth in Section 4.4 with respect to the Cruise Ticket Contract, in the event of any conflict between any other applicable terms and conditions and these T&Cs, including with respect to the Membership Binding Arbitration Agreement (as defined in Section 5.0 below), which includes a class and collective action waiver, these T&Cs shall supersede, prevail and govern. By purchasing a Membership, you are purchasing a limited, revocable, non-transferable license to sail on MVAS ships, subject to availability. From time to time or at any given time, additional information concerning cruise reservations available to Members may be available on the Membership information webpage ("Membership Details Webpage"). The terms, conditions and limitations described on the Membership Details Webpage are incorporated herein by reference and apply to each Member booking a cruise on MVAS ships.

PLEASE REVIEW THESE T&CS CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING A TIME LIMITATION TO BRING CLAIMS, CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT TO RESOLVE DISPUTES EXCLUSIVELY IN ARBITRATION. DETAILS ARE SET FORTH IN SECTION 5.0 BELOW.

1.0 Purchasing a Membership. Guests who are 18 years or older and a U.S. resident are eligible to purchase a Membership by visiting the following website: pass.margaritavilleatsea.com, subject to availability for the purchase price listed on the Membership Details Webpage, which price is exclusive of booking fees, taxes, fees, port expenses, gratuities, fuel supplements, and any onboard expenses. There are a limited number of Memberships available.

1.1 Additional Fees and Expenses Not Included in Membership. At the time of booking a cruise with a Membership, the Member will be responsible for paying all Required Cruise Fees and Expenses and Government Taxes and Fees per passenger as those terms are defined in the Cruise Ticket Contract on the Website at www.margaritavilleatsea.com/policies/ticket-contract. In addition to the foregoing, Members are also responsible for paying: (1) gratuities per night for each guest included on the booking, (2) a fuel supplement in the amount per night for each guest if applicable, (3) parking expenses in the departure Port if applicable, and (4) any and all onboard expenses. MVAS reserves the right to adjust the fees and expenses mentioned in this Section in its sole discretion. All updated fees and expenses can be found on the Membership Details Webpage. Members who travel as a single passenger must also pay the single supplement fee set forth in Section 2.2 below.

1.2 Membership Term. The Membership for 2027 is valid from the date of purchase through 11:59 p.m. Eastern Time on December 31, 2027.

1.3 Payment Options. Payment for the Membership must be paid in full at the time of purchase. MVAS does not currently offer but it may in the future, but is not obligated to, offer installment or other payment plan options for the purchase of a Membership (each, a "Payment Plan"). The availability, eligibility requirements, and terms of any Payment Plan, if offered, will be determined in MVAS’s sole discretion, may be changed or discontinued at any time, and will be governed by separate terms presented at enrollment in addition to these T&Cs. A Member who purchases a Membership using a Payment Plan remains responsible for all scheduled payments regardless of whether the Membership is used, and MVAS may suspend Membership benefits, including the ability to make or keep Membership bookings, while any payment is past due.

2.0 How and When to Book. Members must book their cruise between thirty (30) days and twenty-four (24) hours before sailing. To book and travel on a MVAS cruise under the Membership, each Member is required to have both a booking and a Membership valid for the date(s) on which the Member plans to cruise. Call 1.800.814.7100 to check availability on the requested cruise date and complete your booking.

2.1 What is Included in the Membership. Members are eligible to book one (1) double-occupancy stateroom per booking on round-trip sailings of up to seven (7) nights during valid dates throughout the duration of their Membership term set forth in Section 1.2 above, provided that each such sailing must depart and return on or before the expiration of the Membership term. Cruise bookings made using the Membership must be non-consecutive meaning Members cannot book two (2) cruises back-to-back, whether on the same or different MVAS ships (i.e., a Membership sailing may not depart on the same day as, or the day after, the return of the Member's prior Membership sailing). Members may book only one (1) sailing at a time with their Membership. Once a booking is made using the Membership, the Member will be ineligible to reserve new bookings until the conclusion of the pending booked sailing. Bookings for Members are subject to the availability of allocated Membership bookings as determined by MVAS in its sole discretion, applicable Membership blackout dates, vessel capacity, charters, and published operating schedules. Membership bookings must be made through the MVAS call center and cannot be booked through the Website.

2.2 Membership Limitations. Memberships are subject to the following limitations:

· Owning a Membership does not guarantee a cruise booking even on dates not subject to blackouts;

· MVAS is not obligated to make staterooms available to Members that are otherwise booked or available for booking to guests without a Membership as determined by MVAS in its sole discretion;

· Reservations for Members are available on a first-come, first-served basis;

· Members must sail with at least one (1) additional guest in the same stateroom on each reservation made using the Membership. If a Member wishes to sail alone, the Member must pay a $159 single-supplement charge for 2-to-3 night sailings, or $259 single-supplement charge for 4-to-7 night sailings, in addition to any and all other fees, taxes and supplements referenced in Section 1.1 above;

· Failure of the Member or Member’s guest to show at the terminal for a confirmed Membership booking with no prior confirmed notification constitutes a no-show. To avoid a no-show, the Member must cancel the booking by notifying MVAS at least seven (7) days before the sailing date, and any cancellation of a Membership booking made fewer than seven (7) days before the sailing date (including any booking made fewer than seven (7) days before the sailing date) will be treated as a no-show. In the event of a no-show at the terminal, the Member immediately forfeits all Membership benefits and privileges and shall not be entitled to any refunds. Reinstatement of Membership benefits and privileges will be at MVAS's sole discretion. Any cancellations are subject to MVAS’s Cancellation Policy;

· Other restrictions, such as the time during which a Member may hold or make reservations and no-show rules, may apply, and may change from time to time in MVAS's sole discretion without prior notice or liability;

· Membership bookings are for stateroom categories up to and including balcony. Every attempt will be made to honor the included stateroom category on the desired sailing date; however, if the requested category is not available on the desired dates, the Member may be offered a different available stateroom category, which may be a lower category, on the same date, or the included stateroom category on a different date, based on the Member's preference and without any refund, credit, or other compensation;

· Members may have only one active Membership booking at a time, and their Membership will be ineligible to make additional Membership bookings until completion of the pending booked sailing; and

· Members may not use the Membership to sail concurrent (back-to-back) cruises.

2.3 Blackout Dates. Membership blackout dates are dates on which a Membership is not valid for cruising and not eligible to make or hold any bookings. Blackout dates can be found on the Membership Details Webpage before the purchase or renewal of a Membership. Blackout dates are subject to change in MVAS’s sole discretion without notice or liability.

2.4 Cannot Combine Membership with Other Promotions and Offers. Bookings made with the Membership cannot be combined with any other offer or promotion.

2.5 Stateroom Category and Assignments. MVAS makes stateroom assignments for bookings reserved with the Membership in its sole discretion. Membership bookings are for stateroom categories up to and including balcony, based on availability at the time of booking. Memberships cannot be used to book suites or any other stateroom category above balcony.

2.6 Additional Guests. If a Member upgrades his/her Membership at the time of purchasing the Membership to include a 3rd or 3rd and 4th guest, the Member may book up to their maximum guest capacity using their Membership benefits at the time of booking. The Member must pay all other fees and expenses referenced in Section 1.1 above for all guests traveling on the reservation. If a Member did not upgrade his/her Membership, the Member may book a 3rd and/or 4th guest on a reservation but must pay all applicable rates available at the time of booking for the selected sailing plus any and all other fees and expenses set forth in Section 1.1 above.

2.7 Transferability of Second Guest. A Member's additional required second guest is transferable between bookings, meaning that Members can have a different additional guest on each sailing booked with the Membership. Once booked, guest changes for the second, third, and/or fourth guest will be subject to MVAS's Cancellation Policy.

3.0 Travel Documents. All Members and their guests must present valid travel documents required for sailing at check-in prior to embarkation. Failure to present valid travel documents at the time of embarkation shall constitute a cancellation subject to MVAS's Cancellation Policy. For more information on required travel documents please visit the Website.

3.1 Cancellation Policy. Any cancellations of bookings reserved with a Membership and guests' failure to arrive at the embarkation port after confirming their booking may be subject to cancellation fees as set forth in MVAS's Cancellation Policy, which is available on the Website, in addition to the no-show consequences set forth in Section 2.2.

4.0 General Terms.

4.1 Memberships Non-Transferable, Non-Refundable. Memberships are non-refundable and non-transferable, and will not be prorated, extended or refunded for any unused portion of the Membership term. In addition, (i) only a Member can make a booking using the Membership, (ii) the Member must be listed as a confirmed guest on every booking made using the Membership, (iii) the Member shall sail in the assigned cabin on the reservation, and (iv) the Member shall present valid identification at embarkation.

4.2 Void Where Prohibited. Memberships are void where prohibited by law.

4.3 Reservation of Rights. MVAS, in its sole discretion, reserves the right to implement blackout dates as set forth in Section 2.3. To the extent any blackout dates are implemented, this information will be available on the Membership Details Webpage. MVAS reserves the right to change or cancel cruise reservation requirements at any time without notice or liability.

4.4 Relationship to and Agreement to be Bound by Cruise Ticket Contract. Any guest who purchases a Membership and books travel agrees to all terms and conditions of MVAS’s Cruise Ticket Contract as a condition to sailing. The Cruise Ticket Contract terms and conditions are available on the Website and are incorporated herein by reference. By travelling with the Membership, guests agree to be bound by all such terms and conditions. These T&Cs govern only the Membership, including its purchase, use, booking of cruises with it, and its suspension or revocation. The terms of the Cruise Ticket Contract exclusively govern each cruise booked using the Membership and all matters arising on or during such a cruise, including without limitation embarkation, disembarkation, onboard conduct, visits ashore and any personal injury, illness, or property claims, together with the claims-notice requirements, time limits, limitations of liability, and dispute resolution provisions set forth in the Cruise Ticket Contract. These T&Cs do not modify or supplement the Cruise Ticket Contract. For clarity, any dispute regarding the purchase, validity, use, value, suspension, or revocation of the Membership is governed by these T&Cs, even if the underlying events occurred on or during a cruise. In the event of any conflict between these T&Cs and the Cruise Ticket Contract, these T&Cs govern with respect to the Membership, and the Cruise Ticket Contract governs with respect to any matter arising on, relating to or during a cruise.

4.5 Agreement to be Bound by All MVAS Policies. Each Member agrees to be bound by all of MVAS’s policies and terms and conditions, including but not limited to, the Cancellation Policy, Guest Conduct Policy, and Website Terms of Use.

4.6 Modification. MVAS reserves the right to make changes to these T&Cs at any time with or without notice. Any amendment to these T&Cs will be effective when posted on the Website, and a Member's continued use of the Membership after an amendment is posted constitutes acceptance of the amended T&Cs. Notwithstanding the foregoing, any amendment to Section 5.0 will not apply to any dispute of which MVAS had notice before the amendment was posted. These T&Cs do not amend or otherwise modify any other agreements MVAS may have with a guest.

4.7 Assumption of Risk. A Member assumes all inherent risks associated with cruising and must obey all safety signage, instructions and rules. MVAS is not responsible for lost or stolen Memberships or property.

4.8 Cancellation, Suspension or Revocation of Membership. MVAS reserves the right to cancel, suspend or revoke any Membership or otherwise deny booking or boarding to a Member at any time for any reason, including, without limitation, if the Member is violating any of these T&Cs or any of MVAS's rules, regulations, and policies, including but not limited to its Guest Conduct Policy and/or the Cruise Ticket Contract. No refund or credit will be provided for any Membership cancelled, suspended, or revoked due to a violation by the Member or any of the Member's guests of these T&Cs or any other MVAS rules, regulations, terms, or policies.

4.9 No Refunds for Certain Cancellations or Closures. Cruises, restaurants, entertainment, products, services, offerings and items may be modified or limited in capacity or availability; are subject to change, closure, cancellation and discontinuance without notice due to rehabilitation, charters, refurbishing, capacity, seasonal considerations, weather, low demand, government or other authority guidance or order, infectious disease restrictions, guidance from health experts, special events or any other reason without liability to MVAS or its affiliates, parents, or subsidiaries; and are not guaranteed. No refunds or credit is given for any such unavailability, changes or cancellations to any of the foregoing.

4.10 No Cash Value. Memberships have no cash value and cannot be redeemed for cash.

4.11 Right to Correct Errors & Change Fees. MVAS reserves the right to correct any errors or omissions and to change any and all fees, surcharges, and offers for any MVAS goods or services at any time.

4.12 Severability. If any part of these T&Cs is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible or, if not possible, severed from these T&Cs, and the remaining provisions will remain in full force and effect.

4.13 Section Headers. The use of section headers in these T&Cs is for convenience only and will not have any impact on the interpretation of any provision.

4.14 No Waiver. The failure to require performance of any provision of these T&Cs will not affect MVAS's right to require performance at any other time after that, nor will a waiver by MVAS of any breach or default of these T&Cs, or any provision of these T&Cs, be a waiver of any subsequent breach or default or a waiver of the provision itself.

4.15 Force Majeure. A force majeure event means any unusual and unforeseeable circumstances or unpredictable events beyond MVAS's control, including, but not limited to, acts of God, flood, earthquake, storm, hurricane, drought, adverse weather conditions, or other natural disasters; war or warlike operations, threat of war; invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities (actual or threatened); riots, civil commotions or disturbances, industrial disputes, labor difficulties, whether or not carrier is a party thereto, interference by authorities, requisitioning of ship, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, allision, foundering of the ship, piracy, nuclear disasters, fire, epidemics, pandemics, public health concerns, health risks, nationalization, government sanction, no sail orders, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service and/or any unforeseen technical problems with the ship or other transport including changes due to rescheduling or cancellation or alteration of flights, closed or congested airports or ports; riot; civil strife; industrial dispute; technical problems or breakdown of machinery or equipment; outages or power failures; outbreaks of illness or any other cause whatsoever beyond the control of MVAS. In the event of a cancellation or material alteration to any booked Membership cruise as a result of any of the force majeure events described herein, MVAS shall have no liability whatsoever for any travel related costs incurred by the Member or any of Member’s guests, including but not limited to, air, hotels, insurance, visas and other travel arrangements of any kind, and shall have no obligation to refund, credit, or extend any Membership or the Membership term.

4.16 Commissions. All bookings are non-commissionable, including all bookings made using a Membership. The Membership itself is also non-commissionable.

4.17 Limitation of Liability. To the fullest extent permitted by law, and without limiting or affecting any limitation of liability in the Cruise Ticket Contract, MVAS and its affiliates, parents, and subsidiaries shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of, relating to, and/or in connection with the Membership and these T&Cs, and their total aggregate liability arising out of, relating to, and/or in connection with the Membership and these T&Cs shall not exceed the purchase price paid for the Membership.

5.0 BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND WAIVER OF CERTAIN RIGHTS.

5.1 BINDING ARBITRATION AGREEMENT INCLUDING CLASS AND COLLECTIVE ACTION WAIVER. YOU AND MVAS EACH AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING IN ANY WAY TO, AND/OR IN CONNECTION WITH THESE T&CS AND YOUR MEMBERSHIP, INCLUDING BUT NOT LIMITED TO THE PURCHASE AND USE THEREOF, WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, WITH THE SOLE EXCEPTION OF CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT AS SET FORTH BELOW (the “BINDING ARBITRATION AGREEMENT”). THIS BINDING ARBITRATION AGREEMENT DOES NOT APPLY TO DISPUTES OR CLAIMS THAT ARISE ON OR DURING ANY CRUISE BOOKED USING THE MEMBERSHIP; SUCH DISPUTES AND CLAIMS ARE SUBJECT TO THE DISPUTE RESOLUTION PROVISIONS OF THE CRUISE TICKET CONTRACT, WHICH THE MEMBER AND EACH OF HIS/HER GUESTS MUST REVIEW AND ACCEPT PRIOR TO BOARDING ANY MVAS CRUISE.

YOU ACKNOWLEDGE THAT YOU AND MVAS ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A JURY TRIAL. YOU AND MVAS ALSO AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES. YOU AND MVAS THEREFORE AGREE TO WAIVE ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIMS AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION.

Neither you nor MVAS may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim subject to this Binding Arbitration Agreement in any state or federal court. Claims may not be arbitrated on a class, collective, or representative basis. The arbitrator can decide only your and/or MVAS’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AMERICAN ARBITRATION ASSOCIATION (“AAA”) RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MVAS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

The arbitrator will have the exclusive authority to resolve any dispute arising out of, relating to, and/or in connection with the formation, interpretation, applicability, or enforceability of these T&Cs, including without limitation this Binding Arbitration Agreement and the arbitrability of any dispute, your Membership, including without limitation the purchase and use thereof, and any claim that all or any part of this Binding Arbitration Agreement is void or voidable. However, if MVAS believes that any claim you have filed in arbitration or in court is inconsistent with this Binding Arbitration Agreement's limitation on class and representative actions and requirement to exclusively resolve claims in arbitration, then you agree that MVAS may seek an order from a court determining whether your claim is within the scope of the class action waiver and this Binding Arbitration Agreement.

In the event of a dispute described herein, you agree to send a notice of such dispute to MVAS in writing, which sets forth your name, address, and contact information; the facts giving rise to the dispute and relevant documents; and the relief requested to MVAS at 1000 Legion Place, Suite 1100, Orlando, FL 32801, Attention: Legal Department. MVAS will send any notice of dispute to you at the contact information that it has for you on file. You and MVAS agree to attempt to resolve the dispute through good-faith negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or MVAS may commence an arbitration or small-claims-court proceeding.

You or MVAS may assert claims in small claims court instead of in arbitration if the claims qualify. Additionally, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or MVAS may elect to have the claims heard in small claims court in Orange County, Florida, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the claim should proceed in arbitration.

If MVAS and you do not resolve a dispute by informal negotiation or in small claims court, then the dispute shall be resolved by exclusive and binding arbitration before a single neutral arbitrator whose decision will be final. Arbitration will be administered by the American Arbitration Association (AAA) under the AAA's Consumer Arbitration Rules, which are available at www.adr.org or by calling 1-800-788-7879. Payment of all filing, administrative and arbitrator fees and costs will be governed by AAA's rules. You are required to pay AAA's initial filing fee if you initiate the dispute, but MVAS will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees will be governed by the AAA Rules, and MVAS will not reimburse your initial filing fee and may seek applicable fee-shifting. Arbitration may be conducted in person, through the submission of documents, by phone or online. Proceedings that cannot be conducted through the submission of documents, by phone or online, will take place in Orange County, Florida; provided, however, that if circumstances prevent you from traveling to Orange County, Florida, AAA may hold a hearing via videoconference. MVAS and you agree to submit to the exclusive jurisdiction of the federal or state courts located in Orange County, Florida to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. The substantive laws of the State of Florida shall apply in the arbitration proceedings or small claims court.

Except as provided above with respect to jurisdiction in Orange County, Florida, nothing in this arbitration provision shall be construed as consent by MVAS to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to these T&Cs.

This Binding Arbitration Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs its interpretation and enforcement. This Binding Arbitration Agreement will survive the expiration or termination of these T&Cs and/or the Membership. If any portion of this Binding Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in full force and effect.

Except as set forth in Section 5.1 with respect to disputes or claims arising on or during a cruise, this Binding Arbitration Agreement, including its class and collective action waiver, governs any dispute or claim arising out of, relating to, and/or in connection with your Membership, including without limitation the purchase and use thereof, and these T&Cs; to the extent there is a conflict between this Binding Arbitration Agreement and any dispute resolution provision of any other applicable terms, conditions or agreements, this Binding Arbitration Agreement shall supersede and govern.

5.2 LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE T&CS AND THE MEMBERSHIP, INCLUDING WITHOUT LIMITATION THE PURCHASE AND USE THEREOF, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THIS SECTION 5.2 DOES NOT APPLY TO CLAIMS ARISING ON OR DURING A CRUISE, WHICH ARE SUBJECT TO THE NOTICE REQUIREMENTS AND TIME LIMITATIONS SET FORTH IN THE CRUISE TICKET CONTRACT.