Terms and Conditions

CANCELLATIONS AND REFUNDS

•  Passengers must arrive on time for embarkation.
•  No refunds for no-shows, late arrivals, lost/unused tickets, or cancellations after departure.
•  Travel insurance (including pandemic coverage) is strongly recommended.
•  Cancellations are effective only when written notice is received by Aroya Cruises (or the
• Travel Agent).

Individual Booking Cancellation Fees:

Days Before Departure	Cancellation Fee
Up to 121 days	Free of charge
120–61 days	Deposit amount
60–15 days	50% of total price
14 days or less	100% of total price

Group or charter bookings: Refer to specific agreements for terms.

PENALTIES AND BOOKING CHANGES

Definition of Change:

Includes passenger substitutions, changes in name/date of birth, adding/removing passengers, or cabin upgrades/downgrades.

Penalties:

• SAR 570 + VAT per changed passenger.
• Full fare applies to any newly added passenger.
• No refunds for downgrades.
• Price difference applies for upgrades.
• Standard cancellation rules apply to passengers in upgraded cabins.
• Changes allowed up to 48 hours before departure; none permitted within 48 hours.

Applicable Period: From 120 days up to 48 hours before departure.

PASSENGERS’ TERMS AND CONDITIONS OF CARRIAGE

These Terms and Conditions set out the provisions that apply between the Passenger and Aroya Cruises Limited (“Aroya Cruises”) in relation to any Cruise taken by the Passenger on a Cruise Ship.

They include detailed provisions of the relationship between the Passenger and Aroya Cruises and their respective responsibilities and liabilities. They are binding on the Passenger and Aroya Cruises Limited.

When the Passenger enters into a Passage Contract with Aroya Cruises, or a Travel Agent these Terms and Conditions form part of that Passage Contract.

Please read these Terms and Conditions carefully.

1.INTRODUCTION

When reviewing these Terms and Conditions please note the following capitalised terms have the following meanings:

• Applicable Law means any law, rule or regulation which might apply to the Cruise, Cruise Ship, Passenger or Passage Contract, in force from time-to-time, including but not limited to the flag state of the Cruise Ship and the laws of the relevant port, when the Cruise Ship is in port, or internal waters of a country or territory when the Cruise Ship is sailing within those internal waters, or if a Passenger is ashore, the laws of the country or territory when the Passenger is ashore, or any applicable international law.
• Carrier means the carrier under the Passage Contract and includes Aroya Cruises, the carrying vessel including the Cruise Ship, its owner, charterer, operator, any tenders or other means of marine transport provided by Aroya Cruises to the Passenger.
• Cruise means the scheduled voyage on any specified Cruise Ship or any substitute vessel as set out in more detail in the Passage Contract or the Itinerary. (as described in the relevant Company’s brochure, the Official Website or other documentation produced for or on behalf of the Company) as well as, depending on the Cruise itinerary, the call and the duration of any stay on Aroya Private Island. A Cruise – if not purchased with pre- or post-Cruise services –can be considered by itself as a Cruise Package.
• Cruise Fare means the amount payable by the Passenger for the Cruise as set out in the Booking Conditions. For the avoidance of doubt the Cruise Fare does not include any other amount payable by the Passenger including but not limited to Fuel Taxes, Fees and Port Expenses, applicable service charges, tips, food, beverages, Shore Excursions, laundry charges, telephone or cellular calls, and WI-FI connection charges.
• Cruise Package or Package means the pre-arranged combination of not fewer than two (2) of the following when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four (24) hours or includes overnight accommodation:
  • (a) any and all modes of transport;
  • (b) accommodation;
  • (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the Package; and
  • (d) depending on the Cruise itinerary, the call and the duration of any stay on the Aroya Private Island.
• Cruise Ship means the vessel named in the relevant Passage Contract or any substituted vessel owned, chartered, operated or controlled by Aroya Cruises.
• Departure Date means the anticipated date of embarkation of the Cruise Ship from the first port as stated in the Itinerary, as may be varied in accordance with the Booking Conditions.
• Dangerous Goods has the meaning given in Clause 3.3.
• Deposit means the initial payment made by the Passenger to Aroya Cruises (whether directly or indirectly through a Travel Agent) to secure the booking of the Cruise.
• Disabled Passenger means, in relation to any Passenger, any person:
  • whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary) intellectual or psychosocial disability or impairment, or any other cause of disability and whose situation needs appropriate attention and adaption to their particular needs for the service made available to all Passengers;
  • who has been clinically diagnosed with any disorder or disability of the mind;
  • who has a visual or auditory impairment; and
  • who has a state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning.
• Fuel Supplement has the meaning given in Clause 8.3.
• Itinerary means the scheduled itinerary of the Cruise as published in any Aroya Cruises official documentation, including the Passage Contract or appearing on Aroya Cruises’ website.
• Luggage means any baggage, packages, suitcases, trunks or other personal items belonging to or carried by any Passenger, including cabin luggage, hand luggage and articles worn by or carried on the persons of the Passenger or deposited with the purser for safe custody.
• Master means the captain or person in charge of and commanding the Cruise Ship at any given point.
• Minor means any person under the age of eighteen (18) years of age. All references to Minor (singular) shall include the plural and vice versa.
• Passage Contract means the contract of carriage, which the Passenger has entered into with Aroya Cruises or the Travel Agent, the terms of which are evidenced by the Booking Conditions, these Terms and Conditions and Aroya Cruises’ website www.aroya.com.
• Passenger means all persons, including Minors and Disabled Passengers, traveling under a Passage
• Contract and each person’s heirs and personal representatives. All references to the Passenger (singular) shall include the plural and vice versa. All references to “you” and “your” shall be in reference to the Passenger and shall be construed accordingly.
• SAR means Saudi Arabian Riyals, the lawful currency of Saudi Arabia.
• Saudi Arabia or means the Kingdom of Saudi Arabia. The terms Saudi and Saudi Arabian shall be construed accordingly.
• Shore Excursion means any excursion operated by Aroya Cruises or third-party contractors and offered for sale by Aroya Cruises or the Travel Agent, for which a separate charge is payable, whether booked prior to commencement of the Cruise or onboard the Cruise Ship. All references to
• Shore Excursion (singular) shall include the plural and vice versa.
• Smoking Policy has the meaning given in Clause 15.
• Surcharges has the meaning given in Clause 8.
• Taxes, Fees and Port Expenses means any taxes, fees and expenses assessed to be due on a per Passenger, per Cruise Ship, per ton or per berth basis, as may change from time to time. This includes without limitation, all or a portion of the following: taxes, tolls, fees, and charges paid to Saudi Arabia, or any governmental or quasi-governmental authorities in any other relevant jurisdiction (including any taxes, tolls, fees and charges to be paid at any port or country listed on the Itinerary), such as head taxes, value added taxes, goods and services taxes, dockage fees, wharfage fees, customs and immigration fees, inspection fees, security fees, passenger facilities charges, canal tolls, flight segment fees, and international arrival and departure taxes; and port expenses associated with navigation (pilotage), berthing, stevedoring, baggage handling, storage and security services.
• Total Fare means the Cruise Fare payable under the Passage Contract, together with any other additional amounts payable by the Passenger in the event that the Passenger has booked a Package.
• For the avoidance of doubt the Total Fare does include any other amount payable by the Passenger including but not limited to fuel cost increase, Taxes, Fees and Port Expenses, applicable service charges, tips, food and beverages in main restaurants, Shore Excursions, laundry charges, telephone or cellular calls, and WI-FI connection charges.

Travel Agent means any authorized third party approved by Aroya Cruises with which the Passenger has entered into a Passage Contract for a Cruise or package, which includes the Cruise onboard the Cruise Ship or other equivalent.
USD means United States Dollars, the lawful currency of the United States.

A reference in these Terms and Conditions to the calendar (or to any sub-division of the calendar, including but not limited to a month or a year) refers to the Gregorian calendar (or to any sub-division of the Gregorian calendar).

2. TRAVEL DOCUMENTATION OBLIGATIONS

2.1 Subject to Clause 2.2, each Passenger is under an obligation to ensure that they have a valid Passage Contract together with the required Documentation for the Cruise and shall be liable to Aroya Cruises for any fines or penalties imposed on the Cruise Ship or Aroya Cruises by any authorities for the Passenger’s failure to have the required Documentation in place in order to complete the Cruise, any element of the Package or any Shore Excursion including any failure to
observe or comply with local governmental laws or regulations, such as requirements relating to immigration, customs or excise. Each Passenger shall ensure that they always have the required Documentation for the Cruise and a valid Passage Contract on their person.

2.2 Where the Passenger is a Minor, the parent or guardian of the Minor shall be responsible for ensuring that the Minor has a valid Passage Contract together with the required Documentation for
the Cruise. The parent or guardian of the Minor shall be liable to Aroya Cruises for any fines or
penalties imposed on the Cruise Ship or Aroya Cruises by any authorities for the Minor’s failure to
have the required Documentation in place in order to complete the Cruise, any element of the
Package or any Shore Excursion including any failure to observe or comply with local governmental
laws or regulations, such as requirements relating to immigration, customs or excise. The parent or
guardian of the Minor shall ensure that the Minor always has the Passage Contract and the required
Documentation on their person.
2.3 Aroya Cruises reserves the right to check and record details of such Documentation. Aroya
Cruises makes no representation and gives no warranties as to the correctness of any
Documentation, which is checked. Passengers are strongly advised to check for all legal
requirements for traveling abroad and at the various ports to include the requirement of visas,
immigration, customs and health. 2.4 Aroya Cruises may cancel the booking of any Passenger who is
or becomes ineligible to travel for any reason, who is traveling without the required Documentation,
or who fails to abide by Aroya Cruises’ Infectious Diseases Protocols (as described in Clause 13 below
or as set out on Aroya Cruises’ website). Any such Passengers, or any Passenger who fails to follow
Aroya Cruises’ Infectious Diseases Protocols or to board the Cruise Ship at embarkation, shall be
ineligible to board the Cruise Ship thereafter without Aroya Cruises’ consent, and shall not attempt
to do so at the same or any other port.

3. INSPECTION

3.1 The Passenger shall present themselves for boarding before the scheduled departure in accordance with the instructions provided, in order to complete any pre-boarding procedures and security inspections. The Passenger is the sole person responsible for and shall comply with any governmental travel requirements, laws or regulations for all ports of call on the Itinerary. All
Passengers must present the required Documentation for inspection by Aroya Cruises or any relevant government authority.

3.2 For security reasons, the Passenger agrees to and provides their consent for agents of Aroya Cruises may search the Passenger, their Luggage, and any accompanying property, whether or not that property or Luggage is locked, and with or without notice to the Passenger.

3.3 Aroya Cruises shall have the right to confiscate any Dangerous Goods, which for the purposes of these Terms and Conditions means any and all articles carried or contained in any Luggage, on any Passenger, or in the Passenger’s possession which:

• (a) Aroya Cruises, in its sole discretion, considers dangerous or poses risk or inconvenience to the security of the Cruise Ship or persons onboard (including but not limited to any articles that can be used as a weapon, explosives, illegal or dangerous goods); or
• (b) are dangerous or unlawful under any Applicable Law.

3.4 Passengers are prohibited from bringing onboard any Dangerous Goods.

3.5 Aroya Cruises reserves the right to search any cabin or other part of the Cruise Ship at any time for security reasons, whether or not that cabin or area of the Cruise Ship is locked, and with or without notice to the Passenger.

3.6 Aroya Cruises will not be liable for any loss or damage caused to the Passenger, or their Luggage

• or property as a result of the Passenger carrying any Dangerous Goods in breach of these Terms and
• Conditions. Aroya Cruises is under no obligation to keep any Dangerous Goods or articles confiscated
• under Clause 3.3 for and on behalf of the Passenger.

4. PASSENGER’S LUGGAGE AND PERSONAL PROPERTY

4.1 Passengers are encouraged to limit their checked Luggage to two (2) suitcases and two (2) pieces of hand luggage per Passenger and all Luggage must be securely packed and distinctly labelled.

Aroya Cruises shall not be liable for loss, damage or delay in delivery of any Luggage, if the Luggage is not sufficiently labelled, nor shall Aroya Cruises be responsible for any fragile or perishable property carried by the Passenger.

4.2 During repositioning cruises, the above guidelines represent the maximum limit allowed per Passenger, provided that, in any case, the maximum amount of Luggage in each cabin does not exceed [one hundred kilograms (100)] kg or [eight (8) pieces] among all Passengers in the same cabin. If Passengers are arriving at the Cruise via air flights, Aroya Cruises requests that Passengers check with their respective airlines regarding baggage allowance i.e., weight and size restrictions.

4.3 All Luggage is to be kept in the cabin, keeping all exits free of any obstacles and shall include only personal belongings, any commercial property shall be subject to an additional charge.

4.4 Passengers with their own wheelchairs must check that suitable accommodation is available at the time of booking, and a written addendum is signed by the Passenger and Aroya Cruises and is added to these Terms and Conditions. If any Passenger requires any other mobility equipment, this must be notified at the time of booking or within a reasonable time prior to the Cruise to enable Aroya Cruises to assess whether such equipment can be carried safely. It is the Passenger’s responsibility to ensure that such mobility equipment is in good working order and that the

Passenger can operate such equipment.

4.5 Luggage must not be left unaccompanied at any time, unless different and reasonable instructions are given by any authorized Aroya Cruises personnel. Unaccompanied Luggage may be removed or destroyed by Aroya Cruises, its agents or employees.

4.6 The Passenger shall not bring onboard the Cruise Ship any goods or articles of an inflammable or dangerous nature (including but not limited to shisha tobacco and hookah smoking devices), nor any controlled or prohibited substance under the Applicable Law. Breach of these conditions and regulations shall render the Passenger strictly liable to Aroya Cruises for any injury, loss, damage or expense or to indemnify Aroya Cruises against any claim, or final penalty arising from such breach.

The Passenger may also be liable for statutory fines or penalties. Aroya Cruises shall not be liable for loss or damage to Luggage or property while in the custody or control of stevedores or other independent shoreside contractors, and all Luggage must be claimed upon arrival of the Cruise Ship at the final port or it will be stored at the Passenger’s risk and expense.

4.7 The Passenger shall not be liable to pay or receive any general average contribution in respect of Luggage or personal effects or property.

4.8 Aroya Cruises shall have a lien upon and the right to sell by auction or otherwise, without notice to the Passenger, any Luggage or other property belonging to any Passenger in satisfaction of unpaid monies or of any other monies which may in any way have become due by the Passenger to Aroya Cruises or to its servants, agents or representatives.

4.9 Aroya Cruises will not be liable for any loss or damage caused to the Passenger, or their Luggage or property as a result of the Passenger breaching any provision of this Clause 4, or any Luggage or property being confiscated as a result thereof.

5. ACCOMMODATION

5.1 A Passenger shall not have the right to exclusive occupancy of a cabin with two (2) or more berths unless they have paid supplement for exclusive occupation.

Aroya Cruises reserves the right to transfer the Passenger from one cabin to another and may adjust the Cruise Fare accordingly.

6. NON-TRANSFERABILITY AND AMENDMENT

6.1 Aroya Cruises agrees to transport the Passenger on the Cruise on named or substitute vessels. The Passenger agrees to be bound by all its terms, conditions and limitations. All prior oral or written agreement is superseded by these Terms and Conditions. These Terms and Conditions cannot be amended without written and signed consent from Aroya Cruises or its authorized representative.

The Passage Contract issued by Aroya Cruises, or a Travel Agent is valid only for the Passenger or Passengers for whom it is issued, for the Cruise on the date specified and on the Cruise Ship and Itinerary indicated or any substitute vessel and is not transferable.

7. OVERBOOKING

7.1 The Passenger agrees that Aroya Cruises and its Travel Agent retains the right to overbook Passenger accommodation and Shore Excursions. In the event that the Passenger accommodation or a Shore Excursion referenced in the Passage Contract is overbooked, or if Aroya Cruises determines that the Cruise Ship is overbooked, Aroya Cruises has the right at its discretion to deny boarding or a
Shore Excursion ticket to any Passenger and if necessary, refund all or part of the monies paid or offer non-transferable future Cruise credit or Shore Excursion credit.

7.2 Unless operated by Aroya Cruises, Aroya Cruises shall not be responsible for any and all Shore Excursion, travel, excursion or other activity or service that is booked through, offered or provided by a third-party. Aroya Cruises shall not be liable for any damage or loss caused to persons or property of the Passenger, in the event that a third-party cancels, overbooks, fails to perform or otherwise breaches its obligations in providing a service described in this Clause 7.2.

8. EXTRA CHARGES

8.1 The Passenger shall pay in full all charges for goods and services incurred by Aroya Cruises on their behalf before the end of the Cruise in any currency in general use onboard the Cruise Ship at the time of payment.

8.2 Beverages and food served in specialty restaurants, and any medical expenses, any independent contractor services or products, Shore Excursions or any fees, charges or taxes imposed by any
government agency (including Taxes, Fees and Port Expenses) shall be extra charges unless otherwise stated as included at the time of the Cruise.

8.3 After the booking is confirmed, but before the balance is received and, in any case, at least 60 days before departure, Aroya Cruises reserves the right to increase the price of the Cruise Fare only if there is an increase in the costs of fuel (“Fuel Supplement”) according to the NYMEX (New York Mercantile Exchange Index). Aroya Cruises shall bear any increase in costs up to an amount equivalent to 2% of the price of the confirmed Cruise and shall be entitled to charge increases where they exceed 2% of the price of the Cruise. If the increases exceed 8%, the passenger may withdraw from the contract and obtain a full refund of the amount paid. For clarity, the Cruise Fare or Total Fare does not include Fuel Supplement charges, security surcharges, or similar incidental surcharges (Surcharges). Subject to Applicable Law, Aroya Cruises reserves the right to impose or pass any of these Surcharges and no right of cancellation shall be implied. A Fuel
Supplement shall mean any additional charge to defray a portion of Aroya Cruises’ fuel costs. The amount of Fuel Supplements and government fees and taxes collected are subject to change. Aroya Cruises may at any time determine that the Fuel Supplement or any Surcharges are payable in a currency other than SAR or USD.

8.4 Where the Passenger wishes to modify a Cruise booking or Package for whatever reason, the Passenger must contact Aroya Cruises or if booked via a Travel Agent, the Travel Agent, and give notice in writing using registered mail or e-mail. The Package or Cruise booking will only be modified on the date Aroya Cruises received written request of modification. Upon request if of booking modification, the Passenger will be requested to pay the booking modification charges, if any, as set out below:

DEFINITION	ACTION TYPE	PENALTY FEE	TIME LIMIT
Voluntary changing/replacing a passenger on a confirmed booking. Guest changes refer to different name/surname, date of birth etc	Change passenger (Guest change)	SAR 570+ VAT / per passenger changed	Charges are applied from 120 days up to 48 Hours prior to departure
Increase passenger count on a confirmed reservation.	Add passenger in the same cabin	Total Fare of the newly added passenger	Changes can be done up to 48 Hours prior to departure
Reducing a passenger count on a confirmed reservation	Remove passenger	Refund is not allowed on lower	Changes can be done up to