Terms and Conditions

Special Offers Terms & Conditions

Certain restrictions apply. All fares mentioned are cruise only per person, in US dollars, based on double occupancy in lowest category, and include non-commissionable amounts. Suggested onboard gratuities are extra. Taxes, Fees & Port Expenses are additional and published at Windstar Cruises.

Flights for Air + Hotel package are between LAX and Papeete. Flights arrive in Papeete the day before embarkation day. Guests get a pre-cruise hotel in Papeete. Flights leave from Papeete on the evening of disembarkation day. Deviations to this flight schedule are not permitted. Offer includes a post-cruise dayroom in Papeete, as well as transfers to and from the yacht and airport. Hotel accommodations for package are per booked stateroom or suite, are for published hotel or similar property, are applicable on select cruises, and include all tips, gratuities, taxes, and luggage-handling fees associated with the hotel. Package must be booked at least 60 days prior to cruise departure. Offer is valid on new bookings only for select departures and subject to availability. Consult your Windstar representative for promotional offer or discount combinability. Bookings are non-transferable; no name changes can be made nor can this offer be applied retroactively. Cancellation fees may apply; all Air is non-refundable; please see website for details. Fuel surcharges may be imposed or increased over time. Offer is capacity controlled and may be withdrawn or modified at Windstar's discretion at any time. Information contained herein is accurate at time of publication and subject to change without notice. All terms and conditions stated on the Windstar Cruises website apply. Cruise is provided subject to the terms and conditions of the Passage Contract. Windstar reserves the right to correct any errors, inaccuracies, or omissions and to change or update fares, fees, and surcharges at any time without prior notice. ©2026 Windstar Cruises Marshall Islands Ships’ registry: Bahamas.

Windstar’s is offering our single passenger guests a reduced Single Supplement on select sailings. Certain restrictions apply. All Single Supplement fares mentioned are based, in US dollars; cruise only, based on single occupancy in lowest category, and includes non-commissionable amounts. Suggested onboard gratuities are extra. Taxes, Fees & Port Expenses are additional and published at Windstar Cruises. Offer is valid on new bookings only for select departures and subject to availability. Consult your Windstar representative for promotional offer or discount combinability. Bookings are non-transferable; no name changes can be made nor can this offer be applied retroactively. Cancellation fees may apply, please see website for details. Fuel surcharges may be imposed or increased over time. Offer is capacity controlled and may be withdrawn or modified at Windstar’s discretion at any time. Information contained herein is accurate at time of publication and subject to change without notice. All terms and conditions stated on the Windstar website apply. Cruise is provided subject to the terms and conditions of the Passage Contract. Windstar reserves the right to correct any errors, inaccuracies, or omissions and to change or update fares, fees, and surcharges at any time without prior notice. ©2026 Windstar Cruises Marshall Islands Ships’ registry: Bahamas.

Windstar is offering 10% off fares on future voyages. Bookable only by the promo code provided at the Hampton Classic event. All fares mentioned are per person, in US dollars, cruise only, based on double occupancy in lowest category. The Legend 6/1/27 (Grand Prix) voyage is excluded. Government Taxes & Fees are additional and are published at www.windstarcruises.com. Offer is valid on new bookings only and subject to availability. Bookings are non-transferable; no name changes can be made. This offer is only combinable with current national offers and cannot be applied retroactively. Cancellation fees may apply; please see website for details. Fuel surcharges may be imposed or increased over time. Offer is capacity controlled and may be withdrawn or modified at Windstar’s discretion at any time. Information contained herein is accurate at time of publication and subject to change without notice. All terms and conditions stated on the Windstar website apply. Cruises are provided subject to the terms and conditions of the Passage Contract. This offer is valid for bookings made between August 23, 2026 and October 15, 2026. Windstar reserves the right to correct any errors, inaccuracies, or omissions and to change or update fares, fees, and surcharges at any time without prior notice. ©2026 Windstar Cruises Marshall Islands, LLC. Ships’ registry: Bahamas.

All fares mentioned are per person, in US dollars; cruise only, based on double occupancy in the lowest category, and includes non-commissionable amounts. Suggested onboard gratuities are extra. Taxes, Fees & Port Expenses are additional and published at Windstar Cruises. Windstar is offering guests a complimentary laundry package when one of our new Star Collector cruises is booked. Offer is valid on new bookings only for select departures and subject to availability. Consult your Windstar representative for promotional offer or discount combinability. Bookings are non-transferable; no name changes can be made nor can this offer be applied retroactively. Cancellation fees may apply, please see website for details. Certain restrictions apply. Fuel surcharges may be imposed or increased over time. Offer is capacity controlled and may be withdrawn or modified at Windstar's discretion at any time. Information contained herein is accurate at the time of publication and subject to change without notice. All terms and conditions stated on the Windstar website apply. Cruise is provided subject to the terms and conditions of the Passage Contract. Windstar reserves the right to correct any errors, inaccuracies, or omissions and to change or update fares, fees, and surcharges at any time without prior notice. ©2026 Windstar Cruises Marshall Islands Ships’ registry: Bahamas.

All fares mentioned are per person, in US dollars; cruise only, based on double occupancy in lowest category, and includes non-commissionable amounts. Suggested onboard gratuities are extra. Taxes, Fees & Port Expenses are additional and published at Windstar Cruises. Offer is valid on new bookings only for select departures and subject to availability. Consult your Windstar representative for promotional offer or discount combinability. Bookings are non-transferable; no name changes can be made nor can this offer be applied retroactively. Cancellation fees may apply, please see website for details. Certain restrictions apply. Fuel surcharges may be imposed or increased over time. Offer is capacity controlled and may be withdrawn or modified at Windstar's discretion at any time. Information contained herein is accurate at the time of publication and subject to change without notice. All terms and conditions stated on the Windstar website apply. Cruise is provided subject to the terms and conditions of the Passage Contract. Windstar reserves the right to correct any errors, inaccuracies, or omissions and to change or update fares, fees, and surcharges at any time without prior notice. ©2026 Windstar Cruises Marshall Islands Ships’ registry: Bahamas.

Self-Guided Excursion

Guests who do not join these prearranged shore excursions must rely on whatever transportation is available in each port. If you choose to devise your own excursion, we suggest that you remind the driver or tour escort of the ship’s sailing time. Of course, the ship’s facilities are fully available to guests while in port.

Conditions

Shore excursions are “Non-Windstar Services” for the purposes of your Cruise Contract. This means that shore excursions are not owned or operated by Windstar Cruises. Refer to your Cruise Contract for a full statement of your rights and obligations as well as those of the Owner of the Ship, Windstar Cruises and certain other persons and entities with respect to Non-Windstar Services. In particular, please note that you are assuming the entire risk of utilizing Non-Windstar Services subject only to whatever terms or arrangements are made by you or on your behalf with the third party furnishing the Non-Windstar Services. Windstar Cruises does not assume liability for injuries or damages that occur during or as a result of shore excursions, nor is Windstar Cruises liable for loss of or damage to any baggage or other property which occurs ashore, for any reason whatsoever. Shore excursions are subject to cancellations or changes. Shore excursion operators reserve the right to deny participation to guests based on such criteria as they may establish. For children 12 years of age or younger, participation in shore excursions is pending final approval from the tour operator. Children under 18 must be accompanied by a parent or responsible adult aged 21 or older.

While on Tour

Guests are cautioned not to leave anything behind while sightseeing, especially such items as cameras and raingear and are reminded that Windstar Cruises is not liable for any lost items or damage to any baggage or other property which occurs ashore, for any reason whatsoever. Passengers who leave during a tour for which transportation is included must thereafter provide for their own transportation and services at their own expense.

Online Bookings

At the time of making your reservations online, we will advise you whether or not your reservations are confirmed. Your credit card will be charged immediately for all confirmed reservations. Should space become available for a waitlisted shore excursion request, we will email or otherwise contact you at that time. If you or Windstar cancel a tour more than 5 business days prior to cruise departure, we will issue a credit on the credit card that you used to pay for the reservation. For any cancellations within 5 days of departure, a credit will not be given on your credit card; instead, we will apply an ONBOARD CREDIT ONLY policy under which the refund (less any cancellation fee) will show up as a credit to the shipboard account of the person who was to take the shore excursion. If the credit is not fully utilized during the cruise, the balance will be credited back to your credit card by the ship’s purser.

Cancellation Fees

Rates and descriptions are current as of the printing date. Prices are subject to change without notice and descriptions may vary from the actual tour provided. If you cancel your tour reservation after the booking deadline stated in the Shore Excursion Booking Form on board, a 100% cancellation fee will apply since transportation and services will have already been arranged.

Tour Times, Durations & Prices

The information in this brochure is designed to help you select the excursions most suited to your interests. The individual tour descriptions include approximate durations. To allow flexibility in customizing departure times to coordinate your time in port with the meals and activities on the ship, exact tour departure times are published in the Shore Excursion Planning Form on board. For more information, please visit the Reception Desk or attend the onboard Shore Excursion briefings.
Please Note: Tour durations do not include tender time.

Tour Headsets

On several tours, headset monitors will be issued at the beginning to enhance your Windstar tour experience. Each headset must be returned to the guide or escort at the end of the tour. There will be a $50 charge for any headset that is lost or damaged.

Windstar is offering a complimentary All-Inclusive package (valued at USD$99 per guest per day) for voyages through December 31, 2027. A reduced deposit of $300 per stateroom/suite ($150 per person) applies to all new bookings made during the promotional period. Solo travelers will pay a reduced deposit of $150 and triples will pay $150 per guest. All fares mentioned are per person, in US dollars, cruise only, based on double occupancy in lowest category. Certain sailings and their Star Collectors are excluded from this offer including Grand Prix voyages, Eclipse voyages, Mystery Cruises, or other specialty cruises. These exclusions include Explorer: 12/28/26, Legend: 11/4/26, 6/1/27, Pride: 8/10/26, 4/15/27, Seeker: 9/14/27, Spirit: 8/6/26, 6/2/27, Star: 3/1/27, Surf: 7/27/27. Also excluded are any Star Collector sailings that overlap with the above dates. Government Taxes & Fees are additional and are published at www.windstarcruises.com. Offer is valid on new bookings only and subject to availability. Bookings are non-transferable; no name changes can be made.

This offer is not combinable with any other offers and cannot be applied retroactively. Cancellation fees may apply; please see website for details. Fuel surcharges may be imposed or increased over time. Offer is capacity controlled and may be withdrawn or modified at Windstar’s discretion at any time. Information contained herein is accurate at time of publication and subject to change without notice. All terms and conditions stated on the Windstar website apply. Cruises are provided subject to the terms and conditions of the Passage Contract. Offer expires on November 17, 2026.

Windstar reserves the right to correct any errors, inaccuracies, or omissions and to change or update fares, fees, and surcharges at any time without prior notice. ©2026 Windstar Cruises Marshall Islands, LLC. Ships’ registry: Bahamas.

Windstar is offering residents of Canada 35% savings on select voyages with all fares offered in Canadian dollars.

This offer is valid for residents of Canada only and valid residential address is required at the time of booking. This offer is valid for new individual and group reservations only, existing reservations not eligible for this promotion. All fares mentioned are per person, in Canadian dollars; cruise only, based on double occupancy in the lowest category, and include non-discountable amounts. Suggested onboard gratuities are extra. Government Taxes & Fees are additional and published at windstarcruises.com.

This offer is valid on new bookings only for select departures and subject to availability. Consult your Windstar representative or travel professional for promotional offer or discount combinability. Bookings are non-transferable; no name changes can be made, nor can this offer be applied retroactively. Cancellation penalties may apply, please see website for details. Certain restrictions apply. Fuel surcharges may be imposed or increased over time. This offer is capacity controlled and may be withdrawn or modified at Windstar’s discretion at any time. The information contained herein is accurate at the time of publication and subject to change without notice. All terms and conditions stated on the Windstar website apply. Cruises are provided subject to the terms and conditions of the Passage Contract. Offer expires on September 30, 2026. Windstar reserves the right to correct any errors, inaccuracies, or omissions and to change or update fares, fees, and surcharges at any time without prior notice. ©2026 Windstar Cruises Marshall Islands Ships’ registry: Bahamas.

Yacht Club Program Terms & Conditions

The following terms and conditions restate all Program terms and conditions effective October 5, 2020 and take effect for sailings starting January 1, 2021. Windstar Cruises reserves the right to modify or terminate the Program, or to change the terms and conditions of participation and the benefits of the Program, in whole or in part, at any time with or without notice. Membership may be terminated at Windstar’s sole discretion for anyone appearing to be utilizing the Program in a manner inconsistent with its terms, conditions or intent. To qualify as a member of the Program, you must have completed at least one eligible Windstar cruise before or after the effective date above.

The Program provides Yacht Club membership level benefits based on the number of Windstar Yacht Club member points earned by the member. All questions or disputes regarding eligibility for the Program or provision of benefits will be resolved by Windstar in its sole discretion. Windstar will not be liable for refunds, damages, or losses resulting from failure to deliver any of the Program benefits. Each Program member shall be responsible for advising Windstar of contact address changes; Windstar shall have no liability for misdirected mail or any consequences thereof. Other terms and conditions may apply. Please see the Windstar Yacht Club member section at Windstar Cruises for full Program details and terms and conditions. Program void where prohibited by law. Windstar reserves the right to correct any errors, inaccuracies, or omissions and to change or update fares, fees, and surcharges at any time without prior notice. ©2026 Windstar Cruises Marshall Islands Ships’ registry: Bahamas.

This is a four-tier loyalty program. Guests are eligible for Yacht Club membership after completing one qualifying Windstar cruise. Subsequent membership levels are based on qualifying Yacht Club member points. Qualifying cruises do not include charters, certain reduced-fare cruises, and other cruises as may be designated by Windstar in its sole discretion.

The four tiers of Windstar’s Yacht Club membership are:

One Star: Earned automatically after first cruise; this level is for those with 1 to 15 Yacht Club member points
Two Star: 16 to 39 Yacht Club member points
Three Star: 40 to 89 Yacht Club member points
Four Star: 90+ Yacht Club member points

Benefits are awarded on a per person basis. Each guest receives one set of benefits for his/her entire cruise. Only individuals may be Yacht Club members; no corporations, trusts or other entities may be members.

Program level accrual is based on the number of eligible Yacht Club member points earned per individual since July 26, 1987. Points earned are non-transferable under any circumstances. One Yacht Club member point is earned for each eligible sailed night for the following suite and cabin categories: B, BX, A, AX, TX, S, S1, S2, BS, BS1, SP, SS1, SBS, SBS1. One and a half points will be given for every sailed night for the following premium suite categories: OS, STE, DS.Two points will be given for every sailed night for the following premium suite categories: OW, CS, BRS. Complimentary upgrades or special reduced pricing to premium suites are not eligible for additional point accrual. Additional Yacht Club Member Points for premium suites will only be awarded for sailings starting on January 1, 2021. Windstar reserves the right to correct any errors, inaccuracies, or omissions and to change or update fares, fees, and surcharges at any time without prior notice. ©2026 Windstar Cruises Marshall Islands Ships’ registry: Bahamas.

5% Alumni discount is valid only for Yacht Club members with one star or more. All Yacht Club members with one star or more also receive an additional 5% On Board Booking/Welcome Home discount on bookings made within 60 days after disembarkation of their most recent cruise. Certain restrictions apply. Offer is subject to availability, and does not apply to reduced rate bookings such as flash or industry rates.

Yacht Club member discounts may not apply to certain promotional offers. Windstar Cruises reserves the right to exclude or limit combinability with the benefits or rewards of other marketing partnerships or promotional offers not specified herein. Consult your Windstar representative for promotional offer or discount combinability.

Shipboard Credits

Shipboard credits will be awarded based on individual Yacht Club member status for new bookings only starting on . Offer does not apply to reduced rate bookings such as flash or industry rates.

Yacht Club member shipboard credits may not apply to certain promotional offers. Windstar Cruises reserves the right to exclude or limit combinability with the benefits or rewards of other marketing partnerships or promotional offers not specified herein. Consult your Windstar representative for promotional offer or discount combinability.

On Board Benefits

Special Events and Receptions on Board: Once per cruise (once per segment on voyages that offer segments), a cocktail reception with officers will be hosted on board for Yacht Club members.

Depending on loyalty level, guests will receive discounts ranging from 5% to 15% on select services.

Bookings are non-transferable; no name changes can be made nor can this offer be applied retroactively. Cancellation fees may apply; please see website for details. Certain restrictions apply. Suggested onboard gratuities are extra. Taxes, fees and port expenses are additional and published at Windstar Cruises. Fuel surcharges may be imposed or increased over time. Offer is capacity controlled and may be withdrawn or modified at Windstar's discretion at any time. Information contained herein is accurate at the time of publication and subject to change without notice. All terms and conditions stated on the Windstar website apply. Cruises are provided subject to the terms and conditions of the Passage Contract. Windstar reserves the right to correct any errors, inaccuracies, or omissions and to change or update fares, fees, and surcharges at any time without prior notice. ©2026 Windstar Cruises Marshall Islands Ships’ registry: Bahamas.

PEACE OF MIND PROMISE

Terms and Conditions:

For all sailings departing through March 31, 2027, Windstar is offering more flexible cancellation terms. Guests will be able to receive a full refund of all funds paid toward a booking if cancellation occurs at least 121 days to prior to sailing. Cancellation is effective when received by Windstar. For all bookings cancelled less than 121 days but more than seven (7) days prior to sailing, Windstar will provide guests with a Future Cruise Credit (FCC) for 90% of the total funds paid toward penalties.

Included within the funds eligible for the 90% FCC are add-ons, excursions, hotels, airfare, and transfers purchased through Windstar. All funds not subject to penalties, i.e., Government Taxes, will be refunded in full. FCC may be applied to a future Windstar sailing, subject to availability and prevailing rates at the time of rebooking. FCC may be applied to a future Windstar Cruises booking and will be credited as a discount towards cruise fare, government taxes and fees, hotel, shore excursions, and other select items including beverage packages, Wi-Fi packages, and laundry packages. FCC cannot be applied against travel protection or airfare. FCC amounts have no cash value and are non-transferrable. FCCs can be applied one time to a single reservation and funds do not carry over.

FCC must be used on sailings embarking no more than 24 months after the issuance of the FCC. FCC must be applied to your booking prior to embarkation and cannot be applied or used once onboard. Bookings cancelled less than seven (7) days prior to departure are subject to a 100% cancellation fee.

Guests who have purchased travel protection through Windstar must make a claim for refund or reimbursement with Aon; reservations that have Aon travel protection purchased through Windstar are not subject to the Peace of Mind Promise. Reimbursement will be provided in the form of 90% Future Cruise Credits (FCCs) if Aon determines the cancellation reason does not qualify for a cash refund. Guests with third party travel protection are strongly encouraged to file a claim with their travel protection provider before requesting reimbursement under the PoMP. Certificate compensation provided by Windstar may have an impact on your claim.

WINDSTAR PRICE ASSURANCE POLICY

Guests who purchase a cruise on Windstar will be eligible for reimbursement upon request if the fare published by Windstar for their specific departure and cabin class is reduced after they have made a booking and deposit, and if the request is received by Windstar at least 90 days prior to sailing. The reimbursement will be provided in the form of a shipboard credit, upgrade, fare reduction, or a future cruise credit. Windstar will determine the form of reimbursement, and the amount of reimbursement will be the difference between the fare actually paid by the guest and the published fare on WindstarCruises.com the day the request is received. Guests who select reimbursement will be eligible for any complimentary inclusive features (e.g., hotels, air, tours) associated with the new fare and will forfeit any complimentary inclusive features associated with the original fare. All requests for reimbursement must be made directly to Windstar Cruises at 1-800-258-7245 (during regular reservations hours) at least 90 days prior to sailing. Windstar’s new fare pricing assurance policy will take effect with new bookings made on or after August 15, 2018. Windstar reserves the right to modify or terminate this policy at any time for bookings not yet made. Policy does not apply to certain promotions or guests outside of the US or Canada.

GENERAL CRUISE TERMS & CONDITIONS

All itineraries, schedules, and ports are correct at time of publication but are subject to change without notice. “Windstar Cruises,” “Windstar,” “We,” and “Us” refer to Windstar Cruises Marshall Islands, LLC, a Limited Liability Company that owns and operates the cruise line known as Windstar Cruises. “You,” “passenger” and “guest” refer to persons travelling with Windstar and those in their care, such as minor children. Due to the small size and intimate nature of our yachts, Windstar Cruises is unable to accommodate children under eight (8) years of age. Guests under 21 years of age must be accompanied by a parent, guardian or chaperone in their stateroom or suite who is at least 21 years old.

Should you need to contact Windstar Cruises prior to cruising, use this address: Windstar Cruises, 8400 NW 36th St. Suite 520, Miami, FL 33166, U.S.A.

Your fare includes ocean transportation, stateroom or suite accommodations, and all meals and entertainment on board the ship. Not included, however, are items of a personal nature, such as alcoholic beverages, laundry, transfers prior to or after your cruise, or optional programs or activities. Shore excursions and airfare are available for an additional charge. All rates shown are per person based on double occupancy. Fares are published in U.S. dollars (USD).

Note: Third-person rates are available upon request. For further information on fares, nondiscountable amounts, taxes, and surcharges, please see below.

Guests who purchase a cruise on Windstar will be eligible for reimbursement upon request if the fare published by Windstar for their specific departure and cabin class is reduced after they have made a booking and deposit, and if the request is received by Windstar at least 90 days prior to sailing. The reimbursement will be provided in the form of a shipboard credit, upgrade, fare reduction, or a future cruise credit. Windstar will determine the form of reimbursement, and the amount of reimbursement will be the difference between the fare actually paid by the guest and the published fare on WindstarCruises.com the day the request is received. Guests who select reimbursement will be eligible for any complimentary inclusive features (e.g., hotels, air, tours) associated with the new fare and will forfeit any complimentary inclusive features associated with the original fare. All requests for reimbursement must be made directly to Windstar Cruises at 866-851-4042 (during regular reservations hours) at least 90 days prior to sailing. Windstar’s new fare pricing assurance policy took effect August 15, 2018. Windstar reserves the right to modify or terminate this policy at any time for bookings not yet made. Policy does not apply to certain promotions or guests outside of the US or Canada.

On bookings within 45 days of departure, Windstar Cruises requires final payment before we can initiate the process of requesting hotel and/or air space. We are unable to make air or hotel requests on bookings within 14 days of departure or transfer requests on bookings within 7 days of departure.

Additionally, Windstar Cruises will advise you of the status of the booking request within five (5) working days of receipt of final payment. If your request is confirmed, electronic tickets will be sent via email. If we are unable to confirm your late booking all monies paid to Windstar will be refunded in full. Changes or additions to the cruise package (e.g. transfers, special services, gifts, or onboard packages) cannot be made within seven (7) days of departure and should be requested once you are on board the yacht.

Each booking cancelled before 120 days prior to travel is entitled to a full refund (except for the amounts paid for air being non-refundable, and any amount paid for Travel Protection) will be made for written cancellations received by Windstar Cruises at least 121 days prior to the date on which you are to commence travel by any mode of transportation booked through Windstar Cruises (sea or land, air travel is non-refundable once purchased). Guests who cancel after that date for any reason, including medical or family reasons, are subject to the following cancellation schedule:

120-90 days before commencing travel – 15% of gross fare (deposit)
89-60 days before commencing travel – 35% of gross fare
59-30 days before commencing travel – 50% of gross fare
29-0 days before commencing travel – 100% of gross fare

Given that the resale of canceled space will likely result in a lost opportunity to sell the space, these fees are due regardless of resale. Windstar can only be responsible for refunding amounts actually received by Windstar Cruises. Travel agencies may impose their own cancellation fees. Agency fees of any nature are a matter to be decided on solely by the agency and guests. Windstar Cruises contracts are non-transferable. Name changes and departure date changes are considered reservation cancellations/re-bookings and are subject to cancellation fees. Changes require the prior approval of Windstar and may not always be possible. Guests who purchased the Travel Protection Plan must submit a claim through Aon to receive a refund or credit of cancellation fees as determined by the insurer. Reduced rate bookings such as flash or industry rates require payment in full within 48 hours of confirmation and are non-refundable.

If you or Windstar cancels a tour or shore excursion more than 5 business days prior to your cruise departure date, you will be issued a credit on the credit card you used to pay for your shore excursion reservation. For any cancellations less than 5 days before departure but before the cancellation deadline you will receive an onboard credit where your refund will show up as a credit to your shipboard account. If the credit is not fully utilized during your cruise, the balance will be credited back to your credit card by the yacht’s purser.

When you embark on your cruise you will be given a shore excursion booklet and shore excursion booking form. The booking form has a cancellation deadline listed for the shore excursions for each port. If you cancel your tour reservation after the booking deadline stated in the Booking Form, a 100% cancellation fee will apply, since transportation and services will have already been arranged.

Immediate deposit of 15% of cruise fare, hotel, and non-commissionable amounts is required within 3 days of booking to secure a reservation. Final payment is due prior to 90 days before vacation start date.

Your documents are usually received approximately 30 days prior to departure. Travel documents, however, are only issued after final payment has been received by Windstar. Send all payments to Windstar Cruises, 8400 NW 36th St. Suite 520, Miami, FL 33166, U.S.A. Payment is also welcome by American Express®, Visa®, Discover®, or MasterCard®. For faster processing, please include your confirmation number on your check. All charges are in USD. Windstar is not liable for any currency exchange rate or foreign exchange fee imposed by the account holders' bank or credit card company. Payment of the cruise deposit and Travel Protection Plan (if applicable) constitutes a binding of the Terms & Conditions

"Ship” refers to the vessel that will provide the ocean transportation portion of the cruise. “Cruise” refers to the specific cruise purchased by you, and shall include periods during which you are embarking or disembarking the ship or are on shore while the ship is in port. “Initial Departure” means the time at which you first begin transit by any means of transport booked by us (including air transportation) for the purpose of taking the Cruise. “Windstar Air Package” refers to air transportation booked for you by Windstar Cruises to enable you to travel to and from your Cruise. “Windstar Land Package” includes any shore activity before or after the Cruise or ashore during the Cruise arranged for you by us in connection with your Cruise.

The following are strictly prohibited on the ship and during all aspects of the Cruise, Windstar Land Package and shore excursions: radioactive materials, recreational and medicinal marijuana and other controlled substances under USA law (see United States DEA Drug Schedules at dea.gov/drug-information/drug-scheduling) or any under any foreign jurisdiction the Ship enters (except lawfully obtained and transported prescription drugs other than marijuana), firearms, ammunition, weapons, fireworks, aerial drones, illicit or hazardous materials, hand irons, water heaters and candles. Passengers are allowed to bring aboard two (2) bottles of wine or champagne (750ml) per cabin for their enjoyment on board for a 7-day Cruise or three (3) bottles for an 8-day (or longer) Cruise. Passengers may consume these permitted outside beverages in public areas on the Ship, but a small corkage fee (approximately US$15 + 15% gratuity) will be applied to the passenger’s onboard account. All additional outside alcohol (meaning wine, beer and/or hard alcohol) including alcohol purchased at ports of call along the Cruise route, will be kept by the Ship’s purser and delivered to the passenger’s cabin the last evening of the Cruise. We will carry as baggage only your personal effects consisting of wearing apparel, toilet articles and similar items for your wearing, comfort or convenience during the Cruise and not belonging to or intended for use by any other person or for sale. For loading and unloading the Ship and other means of transportation, all baggage must be tendered for carriage in securely constructed and locked suitcases or trunks. All baggage must be able to be safely stowed in your cabin on the Ship. The only animals permitted to accompany you are recognized service dogs for passengers with disabilities; you are responsible for complying with governmental health, documentation and other requirements as to recognized service dogs.

We do not accept to carry as baggage or assume any liability for any loss of or damage to or delay of trade goods, household goods or furniture, perishable items, medicine, liquor, cash, credit or debit cards, jewelry, gems, gold, silver, precious metals, art, collectibles or similar valuables, securities, financial instruments, records or other valuable or business documents, computers, cellular telephones, cameras, hearing aids, electric wheelchairs, scooters, or other video or electronic equipment, binoculars, film, videotape, computer disks, audio disks, tapes, DVDs or CDs, or other articles specified in 46 U.S. Code Section 30503. These items should not be left unattended about the ship or your cabin, nor should they be left unattended on other vessels, railcars, taxis or other vehicles or in hotels, nor placed in luggage other than a bag that you carry with you. In addition, we do not assume any liability for any loss of or damage to carry-on baggage on the ship or on the other means of transportation or in hotels. The Ship and certain hotels may be equipped with cabin or room safes or safe-deposit boxes in the ship’s or hotel’s Front Office; using these facilities will not, however, increase our liability as provided in the Passage Contract.

These include non-Windstar Cruises Services such as airlines and other off-ship transportation carriers, shore excursions (other than the limited number of shore excursions operated by Windstar), and accommodations. Non-Windstar Cruises Services are solely at your risk and subject to the terms or arrangements made by you. Windstar Cruises assumes no responsibility with respect to these non-Windstar Cruises Services including delay, injury, death or damage to property. Situations may arise that, in the opinion of Windstar Cruises, make it necessary for Windstar Cruises to cancel, advance, or postpone a scheduled departure, change itineraries or make substitutions involving ports of call, other travel components, vessels, or other modes of transportation. These situations may include, by way of example, concerns regarding weather conditions, issues involving safety matters, alternative business arrangements or charters resulting in the decision to withdraw a Cruise from public sale, or requirements of governmental authorities. If this should occur, Windstar Cruises does not assume responsibility or liability for any losses, inconvenience, or expenses incurred by guests as a result. Please see the Windstar Cruises Passage Contract for further details.

(a) Consultation with Personal Physician. Passengers are encouraged to discuss the advisability of travel with their personal physicians and to review the U.S. Centers for Disease Control and Prevention (“CDC”) website for updated information. The CDC has identified elderly persons and persons with certain chronic medical conditions as being at increased risk of life-threatening complications from being infected with COVID-19. PASSENGER ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT DURING TRAVEL TO AND FROM THE SHIP, WHILE ABOARD THE SHIP, OR DURING ACTIVITIES ASHORE, PASSENGER OR OTHER PASSENGERS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19 AND ITS VARIANTS, INFLUENZA, COLDS, NOROVIRUS, AND POTENTIALLY DISEASES NOT YET KNOWN. PASSENGER FURTHER UNDERSTANDS AND ACCEPTS THAT THE RISK OF EXPOSURE TO COMMUNICABLE ILLNESSES AND OTHER DISEASES IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES INCLUDE PERSON TO PERSON CONTACT, IS BEYOND WINDSTAR CRUISES’ CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. PASSENGER KNOWINGLY AND VOLUNTARILY ACCEPTS THESE RISKS AS PART OF THIS TICKET CONTRACT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.
(b) Availability of Medical Care, including Medical Evacuation, and Passenger’s Warranty of Fitness to Travel. Passenger acknowledges that due to the nature of travel by sea and the ports visited, the availability of medical care onboard the Ship and in ports of call may be limited or delayed and medical evacuation may not be possible from the Ship while at sea or from every location to which the Ship sails. Passenger further understands that there may be circumstances beyond Windstar Cruises’ control, which may prevent or delay a medical evacuation or disembarkation. In addition to the specific representations required of Passenger regarding COVID-19 vaccinations, Passenger warrants that the Passenger, and those for whom the Passenger is responsible, are fit to travel at the time of embarkation.
(c) Medical Care and Personal Services. To the extent Passengers retain the services of medical personnel or independent contractors on or off the Ship, Passengers do so at their sole risk.
(d) Representation of Fitness to Travel. In addition to the specific representations required of Guest regarding COVID-19 vaccinations, Passenger warrants that the Passenger, and those for whom the Passenger is responsible, are fit to travel at the time of embarkation.
(e) Pregnancy. Passenger agrees not to present herself for boarding under any circumstances if, by the time the Passenger commence her travel with Windstar Cruises, she will have entered the 24th week of pregnancy.
(f) Special Needs. Any Passenger with mobility, communication or other impairments, or other special or medical needs that may require medical care or special accommodations during the cruise, including but not limited to the use of any service animal, should be reported to Windstar Cruises by the Passenger when a reservation is requested. Passenger agrees to accept responsibility and reimburse Windstar Cruises for any loss, damage or expense whatsoever related to the presence of any service dog brought on board the Vessel. Passengers with special needs are advised that certain international safety requirements, shipbuilding requirements, and/or applicable regulations may cause difficulty for mobility impaired persons or persons with severely impaired sight and/or hearing. Passengers requiring the use of a wheelchair must provide their own wheelchair (that must be of a size and type that can be accommodated on the Ship), which should be confirmed at the time of the reservation. Passenger acknowledges that standard cabins are not designed to be barrier free and wheelchair accessible.
(g) Limitation of Liability for Denial of Boarding / Repatriation for Passenger Noncompliance with this Contract. Windstar Cruises shall have the right to deny boarding for violations of any of the pre-cruise policies set forth in this Contract. If Windstar Cruises exercises its rights to deny boarding, Passenger shall have no claim against Windstar Cruises whatsoever, and Windstar Cruises shall have no liability for refund, compensation loss or damages of Passenger, including but not limited to any expenses incurred by Passenger for accommodations or repatriation.

Guests must be physically and emotionally fit to travel at the time of embarkation and certify that they have no medical or emotional condition that would endanger any other passengers. Windstar recommends that any guest who is not self-sufficient travel with a companion who shall take responsibility for any assistance needed during the Cruise and in case of emergency.

Windstar reserves the right to require any passenger to produce medical evidence of fitness to travel in order to assess whether that passenger can be carried safely in accordance with applicable international, US, or Canadian law.

Windstar reserves the right to refuse passage to anyone who has failed to notify it of their specific needs with regard to accommodation, seating or services required from Windstar or terminal operators, or their need to bring medical equipment, or to bring a recognized service dog on board the ship, or of any other known disabilities, or who in Windstar’s and/or the Master’s opinion is unfit or unable to travel, or anyone whose condition may constitute a danger to themselves or others onboard on the grounds of safety.

Animals and/or pets other than recognized service dogs are not allowed on board the ship under any circumstances without Windstar’s permission in writing. Recognized service dogs are permitted on board the ship if prior arrangements have been made at the time of booking. Companion animals and emotional support animals are not allowed on board the ship. Any such animals or pets brought on board without permission will be taken into custody and arrangements will be made for the animal to be landed at the next port of call at the passenger’s sole expense.

Recognized service dogs are subject to and must comply with national, international and EU Regulations regarding health, inoculations, training and travel. It is the passenger’s responsibility to have all necessary papers and clearances prior to the Cruise and to be satisfied that the service dog can be carried to the ports of embarkation and disembarkation and that the service dog is not prohibited from going ashore at the various ports of call.

Please see Windstar’s accessibility page for more information for guests with disabilities.

Windstar Cruises reserves the right not to honor any published prices that it determines were erroneous due to printing, electronic, or clerical error. Each Cruise fare includes a Non-Commissionable Amount. That portion of the fare is both non-commissionable to travel professionals and not subject to reduction in the event of a percentage discount promotion, 2-for-1 promotion, or otherwise. If cost factors dictate the need for fare increases, Windstar Cruises may do so at any time prior to departure. Guests can cancel (without paying a cancellation fee) rather than accept a fare increase. Suggested onboard gratuities are extra.

Government Taxes & Fees as used by Windstar Cruises, include, without limitation, all government-imposed taxes and fees for the performance of the cruise and related purchases, such as port head taxes, VAT, air, and hotel taxes and similar fees and taxes assessed on the transaction. These amounts represent our best estimates of government taxes and fees related to this itinerary. They are based on estimates derived from actual fees and taxes paid in prior years or from estimates provided by port agents in the ports to be visited on the cruise. We do not expect there to be any material difference between our estimates and the taxes and fees actually charged. Taxes & Fees are subject to change (but will not change after assessment due to currency fluctuations) and we reserve the right to collect any increases in effect at the time of sailing even if the fare has already been paid in full. No right of cancellation exists under these circumstances.

Services for Windstar Cruises cruise-only guests (individuals who do not purchase air transportation or cruise extensions from Windstar Cruises) begin with embarkation at the noted time in your Cruise documents. Any transfers, meals, and dayroom accommodations required prior to this time are the responsibility of the guest. Please make a note of this, as many international flights arrive several hours prior to the scheduled embarkation time. Guests may purchase a transfer from local airport to yacht for day of cruising and from yacht to local airport for day of disembarkation directly through Windstar Cruises Vacation Planning. Guests flying on dates other than the date of (dis)embarkation must arrange their own transfers unless the reason for the different date is because of the purchase of a cruise extension from Windstar Cruises. Transfers for these guests will be arranged between airport, hotel, and pier, as appropriate, so long as the transfer dates coincide with the dates of the services purchased from Windstar Cruises.

Our cashless society is designed to make your life on board as simple as possible. When you board the Yacht, your account has already been activated and you may make purchases by simply showing your guest identification card and signing a receipt. On embarkation day, you will need to register your credit card (Visa®, Discover®, MasterCard®, or American Express®) in order to use your onboard account for shipboard purchases. We do not accept debit cards or prepaid cards. Your card will be pre-authorized at the start of the cruise for $1, with the remaining authorization for the actual owed amount. At the end of your Cruise, you will receive a final statement, and your card will be charged only for the actual amount of your purchases.

Please inform your credit card issuer in advance that your card will be used on a Windstar Yacht. This will help prevent delays in obtaining pre-authorization on board. Products and services on board are in USD. Windstar is not liable for any foreign exchange fees imposed by your card issuer. There are no currency exchange services offered on board.

If you are purchasing a Windstar Air Package, we will arrange for air transportation to the departure point of your Cruise and return air transportation from the termination point of your Cruise to the home city from which you departed. Due to the special fares and capacity controls we have with airlines, we retain the right to select carriers and determine routings. Some routings may involve travel to or from an airport other than in the city where the Ship embarks or disembarks. In those cases, motor coach transportation to and/or from the Ship will be provided. Flight schedules and/or availability may require overnight hotel accommodations either to join and/or to return from your Cruise. Due to airline schedules (and occasionally, lack of flight availability), travel between many major cities and your Cruise may require one (1) or more hotel overnights en route. If necessary, the cost of this hotel accommodation is not included in the airfare and is your responsibility. Hotels will be selected by Windstar Cruises and might not be at the port. You are responsible for meals and items of a personal nature.

We reserve the right to alter air flights as required by airline schedule changes. If tickets have already been issued, we will adjust your itinerary or air carrier, accordingly. In that event, we may ask you to return your tickets. Should you choose to alter your airline schedule in any way once your tickets have been issued, airline charges which result will be your responsibility. If our assistance is requested in changing airline arrangements within sixty (60) days of departure, an additional administrative charge will be levied in addition to any charges imposed by airlines. If your flights are delayed, refer to our Setting Sail booklet for instructions.

We cannot make or confirm seat assignments, special meals or other special services. Your travel agent may assist with these arrangements. If, however, airline fuel or other surcharges or additional governmental taxes or levies are imposed, we reserve the right to pass these through to you. Please keep your airline tickets in a safe place. Should they be lost, you will be responsible for their replacement. Each airline has its own baggage allowance policy. You are responsible for any excess baggage charges imposed by airlines. Air add-on costs quoted by Windstar Cruises will not include passenger facility charges, federal flight segment taxes for each flight segment (takeoff and landing), the September 11 security fee per passenger enplanement, international arrival and departure taxes assessed in foreign countries (the amount of which may be charged in the currency of the foreign country and is subject to change), or new taxes which may be enacted.

We will use commercially reasonable efforts to arrange for your air transportation. If, however, due to any cause beyond our control, we are unable to arrange for air transportation (including, for example, because of capacity controls placed upon us by airlines due to the types of fares under which we book) or the air transportation we arrange is unavailable or otherwise fails to materialize, our sole liability will be limited to refunding the air add-on paid. Our relationship with airlines is that of an independent travel agent. We assume no liability for any acts or omissions of any airline including, without limitation, those involving cancellation of flights, schedule changes, re-routings, damage to or delay or loss of baggage, flight delays, equipment failures, accidents, pilot or other staff shortages, overbooking or computer errors. Accordingly, you will not have any right to claim or recover against us as a consequence of any act or omission of any airline. The liabilities and obligations of an airline to you, and your rights against an airline, are subject to any and all terms and conditions of the airline’s ticket and tariffs and any and all governmental laws and regulations bearing upon or otherwise relating to such rights, liabilities and obligations.

If, due to any cause beyond our control, we are unable to arrange for any Windstar Land Package or any desired portion thereof, our sole liability will be limited to refunding the Windstar Land Package add-on paid. Our relationship with providers of Windstar Land Package accommodations or services is that of an independent travel agent. We assume no liability for any acts or omissions of any Windstar Land Package provider or subcontractor including, without limitation, cancellation, damage to or delay or loss of baggage, delays (including any delay in rejoining the Ship or missing the sailing or any flight), equipment failures, accidents, staff shortages, overbooking or computer errors.

Windstar Cruises honors the Cruise Line Passenger Bill of Rights, which can be found here.

Information contained above is accurate at the time of publication and subject to change without notice.

Rev. June 5, 2019

WEBSITE TERMS & CONDITIONS

These are the terms and conditions under which we offer you access to our Web site (site). Please read them carefully. Additional terms and conditions may apply to reservations, purchases of goods and services, downloads from and other uses of portions of this site. Your use of our site will be considered to be your acceptance of these terms and conditions and any of the additional terms and conditions.

1. OWNERSHIP

This site is owned and operated by Windstar Cruises Marshall Islands, LLC and is doing business as Windstar Cruises. All rights reserved. You may download one copy of materials from this site onto any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Otherwise, no material from this site (including, without limitation, text, graphics, button icons, audio and video clips, digital downloads, data compilations or software) may be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed in any way, nor may any derivative works be made from materials on this site, without written authorization from Windstar. This prohibition extends to the use of any such material on any other Web site or computer network environment. It also means that you may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the material found on this site, without the prior written authorization of Windstar. Windstar does not accept responsibility for the function or malfunction of any software downloaded from this site.

2. TRADEMARKS

Windstar or one of its affiliates owns all right, title and interest in and to all Windstar trademarks, service marks, logos and trade names included in this site including, for example, WINDSTAR®, 180 DEGREES FROM ORDINARY®, 180º FROM ORDINARY®, ROMANCE UNDER SAIL®, WINDWORDS®, FOREMAST®, the WINDSTAR logo and the FOREMAST double sail logo. Unless authorized in writing by Windstar, you may not use any of these for any purpose.

3. PRIVACY POLICY

The site's Privacy Policy is incorporated in these terms and conditions by this reference. You consent to the use of your personal information by Windstar and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy.

4. RESERVATIONS

If you are reserving travel on this site, you may only use the site to make legitimate reservations. Speculative, false or fraudulent reservations of any kind are prohibited. All reservations are made subject to the terms of the Windstar Cruise Contract and the Terms for Online Booking.

5. DOWNLOADS AND USE OF MATERIAL ON OTHER WEB SITES

Travel agencies and media companies desiring to download copyright-protected photographs and intellectual property from the download pages of this site and/or scan into and use on their own site materials from this site must accept the terms of the Windstar Content Use Agreement.

6. OTHER WEB SITES

There may be places on our site from which you may link to other Web sites that are operated by persons or companies other than Windstar. You should familiarize yourself with any terms, conditions and privacy policies of these other Web sites before using them. Windstar does not endorse any other Web sites nor do we assume any responsibility for their content or any liability as a consequence of your use of any other Web sites. Consequently, if you elect to access these other Web sites, you do so at your own risk.

7. YOUR RESPONSIBILITY

If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You understand that you are financially responsible for all uses of this site by you and those using your login information.

8. LIMITATIONS ON USE

You may not post or transmit on or through this site any material that: is unlawful, threatening, abusive, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane; could constitute or encourage criminal conduct, give rise to civil liability or otherwise violate any law; infringes the copyright or other intellectual property rights of any third party; advertises or offers to sell any goods or services; may interfere with the proper working of this site; would impose an abnormal burden or load on the site's infrastructure; or contains a bug, virus or other harmful item.

9. COOKIES

Windstar may use "cookies" to make our service more effective. A "cookie" is a small text file placed on your hard drive by our server. It allows our server to recognize whether you have visited our site before thereby saving you the need to provide information that we have already received from you. If you would prefer not receiving cookies, most Web browsers offer menu options allowing you to disable them.

10. SECURITY

The importance of security for all personally identifiable information that you provide us is of great concern to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Windstar cannot ensure or warrant the security of any information you transmit to us; in other words, you do so at your own risk. Once we receive your transmission, we use our reasonable best efforts to ensure its security on our systems. All information you provide to our site is transmitted using SSL (Secure Socket Layer) encryption. SSL is a coding system that lets your browser automatically encrypt, or scramble, data before you send it to us.

11. MONITORING

Windstar reserves the right to monitor and review any information transmitted or received through this site and sensor, edit, remove or prohibit the transmission or receipt of any information that Windstar, in its sole discretion, deems inappropriate or a violation of these terms and conditions.

12. RIGHTS AS TO MATERIALS YOU PROVIDE

By uploading or submitting any suggestions, ideas, comments, questions or other materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a worldwide, perpetual, royalty-free, irrevocable, non-exclusive and assignable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

13. AGE CONSIDERATIONS

Windstar does not knowingly use this site to market products to, or solicit information from, people under the age of 18. Use of this site by people under age 18 should only occur with the consent of a parent or guardian.

14. MODIFICATION OF TERMS

Windstar reserves the right to change, modify, add, or remove portions of these terms at any time at our discretion. You may check these terms periodically for changes. Your continued use of the site subsequent to the revisions of these terms means you accept those changes.

15. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

THE MATERIALS ON THIS SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL OR CLERICAL ERRORS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WINDSTAR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

WINDSTAR DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WINDSTAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WINDSTAR) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL WINDSTAR BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, FOR EXAMPLE, FOR LOST PROFITS OR LOST OPPORTUNITY), THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF WINDSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR THE EXCLUSION OF IMPLIED WARRANTIES, SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

16. INJUNCTIVE RELIEF

Any violation of these terms and conditions may cause irreparable damage to Windstar for which there may be no adequate remedy at law. Accordingly, you agree that Windstar will be entitled as a matter of right to an injunction issued by any court of competent jurisdiction restraining such violation or attempted violation of these terms and conditions by you. You agree that no bond or other security shall be required in connection with such injunction.

17. MISCELLANEOUS TERMS

This site is controlled and operated by Windstar from its offices within the State of Washington, United States of America. Windstar makes no representation that materials in the site are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Seattle, King County, Washington and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Your being permitted to use this site will not be construed as creating any joint venture, partnership, employment or agency relationship between you and Windstar.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

This is the entire agreement between you and us relating to the subject matter herein and cannot be modified except in writing, signed by both you and us.

In the event of litigation involving the use of this site, the prevailing party will be entitled to recover its reasonable attorneys fees and costs.