Merchant Shipping Code of Ukraine (Edition of July 04, 2013)

SECTION V. Carriage by Sea.

Chapter 4. Contract of Sea Cruise.

Clause 195. Definition of Contract.

In accordance with the contract of sea cruise (thereafter called a Contract), one party - the cruise organizer - shall undertake to arrange a collective sea travel (cruise) following a certain program and to render all related services (carriage by sea, meals, everyday and excursion services, etc.), and the other party - the cruise participant -shall undertake to pay the established amount therefore.

Clause 196. Proofs of Conclusion of Contract.

A document confirming the Contract shall be the Voucher/nominal Cruise Pass or other equivalent document issued by the cruise organizer.

Clause 197. Scope of Contract Application.

The subsequent rules of this Chapter shall apply to those cases when it is not provided otherwise by the agreement of the parties to the Contract. However, any agreement of the parties limiting the cruise participant's rights stipulated by this Chapter shall be invalid.

Clause 198. Seaworthiness of Vessel.

The cruise organizer shall undertake to bring the vessel, prior to cruise commencement, to an adequate condition as provided for by Clause 192 of this Code and to maintain her in said condition for the entire period of the cruise.

Clause 199. Cancellation of Contract by Cruise Participant.

The cruise participant shall have the right to cancel the Contract at any time prior to beginning of cruise. The cruise participant who has timely notified the cruise organizer of said cancellation shall have the right to recover his payment for the cruise in the amount, the term, and following a procedure determined by the Contract.

In case the cruise organizer cannot provide the participant with a place on board the vessel indicated by the Contract or, on consent of the participant, an equivalent place on board another vessel that, by her particulars and comfort level is not worse than the former, the cruise participant shall have the right to cancel the Contract and get back the payment for cruise in full.

Clause 200. Cancellation of Contract by Cruise Organizer.

The cruise organizer shall have the right to cancel the Contract if the circumstances indicated in items 1-4 of Clause 156 of this Code.

If said circumstances have developed after the beginning of the cruise and have led to its termination, the Contract shall be considered invalid. In this case the cruise organizer shall undertake to return to the participant a due payment for the remaining part of the cruise and, on his request, to return the participant to the port of departure.

Clause 201. Expenses Due to Extension of Cruise.

If the cruise term is extended due to unforeseen circumstances, the cruise organizer shall bear all expenses involved with providing the participant with all relevant services.

Clause 202. Liability of Cruise Organizer.

The cruise organizer shall be liable for actions that have resulted in the participant's death or deterioration of his health as well as for the loss of or damage to his personal belongings in accordance with Clauses 193 and 194 of this Code.