The Wayback Machine - https://web.archive.org/all/20060526052555/http://www.traveljet.com/windstar-cruises/index.htm
TravelJet.com | Cruises | Windstar

Windstar

Cruises

Where and When do you want to travel?

Select from top destinations:
Departing in:

Additional Preferences

Cruise line: (optional)
Cruise Length: (optional)
Star Rating: (optional)
Departing From: (optional)

Hot Deals

Windstar Ships

Windstar Information

Booking your cruise

Windstar's sleek masted sailing ships with computer-directed sails offer the perfect balance of sophisticated pampering, exceptional service, and luxurious amenities amidst a casual atmosphere. Windstar Cruises currently has three ships: Wind Spirit, Wind Star, and Wind Surf. Wind Spirit and Wind Star carry 148 passengers each, and Wind Surf carries 312 passengers. All ships have spacious, modern cabins and suites.

Passenger-to-crew ratios are very high—1.5 to 1—and the superb level of personalized service is the result. Passengers tend to be somewhat younger and more highly educated than on most cruises because of the unusual ports and variety of hard and soft adventure.

"Casual elegance" is the designated dress code. Guests leave their ties and formal wear at home in favor of country club casual sportswear. There are few organized activities and none of the typical cruise line Vegas-style reviews. Passengers linger over dinner, sampling delicious entrées developed by renowned chef Joachim Splichal of Los Angeles’s Patina, Pinot Bistro, and Octavio Becerra. Sail Light and vegetarian meals were designed by health guru Jeanne Jones, developer of spa menus for Canyon Ranch Spa and the Pritikin Longevity Center.

Highlights

Past guest program
The Foremast Club past-passenger program includes the Foremast Club newsletter issued three times annually; membership transfers to other Carnival Corporation lines such as Carnival, Costa, Cunard, Holland America, and Seabourn; and a flat $250 off the early booking discount fare on select sailings for alumni. There is also the occasional two-for-one deal for past passengers only.

Our cruise line reviews are provided by CruiseCritic.com, an award-winning cruise community, giving you objective, unbiased information to help you choose the right cruise.

Cruise Critic ©2003, The Independent Traveler, Inc. All rights reserved.

Special Programs

The information below is from Windstar Cruises and is subject to change by Windstar Cruises at any time and without notice. The details shown are for informational purposes only. We are not responsible for any errors and/or omissions resulting in pricing, inventory, or content discrepancies.


Windstar Cruises cancellation charges (per person)

All cruises
Days Before Departure                                    Charges per person

More than 119 days.............................................No penalty (full refund)
75-119 days........................................................Deposit amount
30-74 days..........................................................50% of total fare
Fewer than 30 days.............................................100% of total fare (no refund)

Content provider


Passport is required for all Windstar cruises:
Windstar requires a passport for all cruise destinations.

Canceling your cruise

Before you sail


Schedule Changes/Air Delays:
2. Windstar reserve the right to change or alter air flights as required by airline schedule changes. If tickets have already been issued, Windstar will adjust your itinerary or air carrier, accordingly. In that event, Windstar 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 Windstar's assistance is requested in changing airline arrangements within 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.

C. Windstar Air Package

Arrangements by HAL: 1. If you are participating in Windstar's Home City Air program, Windstar will arrange for air transportation from the home cities listed in Windstar's brochure 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 Windstar has with airlines, Windstar retains the right to select carriers and determine routings. Some routings may involve travel to an airport other than in the city where the Ship embarks or disembarks. In those cases, motorcoach 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. Please refer to the applicable Windstar Cruises brochure regarding our policies on booking hotels and responsibility for the costs of hotels and associated services.

Refunds/Seat Assignments/Special Services/Fares/Lost Tickets/Baggage Charges:
3. The maximum refund to you for unused flight coupons will not exceed the air add-on amount paid to us. Windstar cannot make or confirm seat assignments, special meals or other special services. Your travel agent may assist with these arrangements. Please note that because of changing airline tariffs, your actual air ticket may reflect fares higher or lower than the air add-on amounts shown in the Windstar Cruises brochure. If so, the difference is neither chargeable nor refundable to you. If, however, airline fuel or other surcharges or additional governmental taxes or levies are imposed, Windstar reservse 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.

Liability and Relationship With Airlines:
4. Windstar will best efforts to arrange for your air transportation. If, however, due to any cause beyond our control, Windstar is 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 Windstar books) or the air transportation Windstar arranges is unavailable or otherwise fails to materialize, Windstar's sole liability will be limited to refunding the air add-on paid. Windstar's relationship with airlines is that of an independent travel agent. Windstar assume's 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 Windstar 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.

Shipboard life


General Provisions:

1. Important Definitions/Refunds/Third Party Beneficiaries:
(a) "Ship" refers to the ship that will provide the ocean transportation portion of the Cruise. All of the Ships are registered in the Bahamas and owned by Bahamian corporations. "Owner" refers to the owner of the Ship; the WIND SPIRIT and WIND SURF are owned by Wind Spirit Limited; and the WIND STAR is owned by Wind Star Limited. Ship ownership and registry are subject to change. "Cruise" refers to the specific cruise indicated in this booklet, as it may be modified by us under this contract, and shall include periods during which you are embarking or disembarking the Ship or are on shore while the Ship is in port. "HAL" refers to Holland America Line Inc., a Washington (U.S.A.) corporation that acts as the agent of Owner and is doing business as Windstar Cruises. "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 us to enable you to travel to and from your Cruise.
(b) "Refund Amount" refers to that portion of the Cruise or Windstar Air Package fare which has actually been received by us. A portion of your fare was retained by or paid to your travel agent to compensate the agent for their services. The Refund Amount does not include the portion of the fare retained by or paid to your agent. You are solely responsible for obtaining the refund of these retained or paid amounts. Any refund to you will be effected only in the currency received by us and in the country in which the fare has been paid and subject to any foreign exchange regulations in force in that country.
(c) Certain third parties derive rights and exemptions from liability as a result of this contract. Specifically, all of our rights, exemptions from liability, defenses and immunities under this contract (including, but not limited to, those arising under Clauses A.3, A.4, A.5, A.6, A.7, A.9, A.10 and C.4) or applicable law will also inure to the benefit of our employees and agents, together with the Ship and the Ship's tenders, operators, managers, charterers, officers, staff, crewmembers, shipbuilders and manufacturers of all component parts. These third parties will have no liability to you, either in contract or in tort, which is greater than or different from ours.

Time Limits for Noticing Claims and Filing and Service of Lawsuits:
3. In any case governed by 46 United States Code Section 183b, which is a United States statute that permits any shipowner to limit the time during which a passenger may file a claim or commence suit against a shipowner, you may not maintain a lawsuit against us or the Ship for loss of life or bodily injury unless written notice of the claim is delivered to us not later than six (6) months after the day of death or injury, the lawsuit is commenced not later than one (l) year after the day of death or injury, and valid service of the lawsuit on Owner, HAL or the Ship, as applicable, is made within thirty (30) days following the expiration of that one-year period. For all other claims, including but not limited to claims for loss or damage to baggage, breach of contract, illness or death or injury, not governed by 46 United States Code Section 183b, you may not maintain a lawsuit against us or the Ship, nor will Windstar or the Ship be liable therefore, unless Windstar ise provided with written notice of claim within thirty (30) days after conclusion of the Cruise, the lawsuit for such claim is commenced not later than one year after conclusion of the Cruise, and valid service of the lawsuit on Owner, the Ship or HAL, as applicable, is made within thirty (30) days following the expiration of that one-year period. In the case of a claim by or on behalf of a minor or legally incompetent person, the time periods described above shall begin to run on the earlier of: (a) date of appointment of a legal representative for the minor or legally incompetent person, or their estate (as the case may be); or (b) three (3) years after the day of death, injury or damage, as applicable.

Providing Cruise and Windstar Air Package:
2.In consideration of the receipt in full of the fare and subject to the terms and conditions of this contract: (a) Owner agrees to transport you on the Ship in order to enable you to take the Cruise; and (b) as to Windstar Air Packages, HAL agrees to book the air transportation required at the commencement and conclusion of your Cruise. This contract is valid only for the Cruise and for the cabin specified in this Cruise Contract booklet (or any other cabin assigned by us).

Limitation on Liability/Non-Windstar Services:
4. (a) In the event you are injured, become ill, or die, or your property is lost or damaged, or you and/or your property is delayed, we will not be liable to you for any damages unless the occurrence was due to our negligence or willful fault. Windstar disclaim's liability to you under any circumstances for infliction of emotional distress, mental suffering or psychological injury which was not: (i) the result of physical injury to you caused by the negligence or fault of a crewmember or the manager, agent, master, owner or operator of the Ship; (ii) the result of you having been at actual risk of physical injury, and such risk was caused by the negligence or fault of a crewmember or the manager, agent, master, owner or operator of the Ship; or (iii) intentionally inflicted by a crewmember or the manager, agent, master, owner or operator of the Ship. In no event will Windstar be liable to you for consequential, incidental, exemplary or punitive damages.
(b) Windstar does not assume any liability in respect of the acts or omissions of the Ship's barbers, beauticians, masseurs, masseuses or photographers or as a consequence of your use of the Ship's athletic or recreational equipment or as a consequence of criminal conduct by any third party. In addition to the limitations of, and exemptions from, liability granted under this contract, we also retain any and all limitations of, and exemptions from, liability accorded to shipowners by statute or rule of law including, without limitation, those provided for in 46 United States Code App. Sections 181-186 and 188, which are United States statutes limiting the liability of vessel owners.
(c) During your Cruise, Windstar is transporting you and your property only between ports of call. At ports where the Ship is unable to dock, we will arrange for appropriate transportation from the place where the Ship is at anchor to the dock. Persons with mobility impairments should refer to the Setting Sail booklet regarding limitations on our ability to help you go ashore. All other transportation, shore excursions, accommodations and services in the air and on shore (referred to as "Non-Windstar Services") are performed by third parties and not by Windstar. By way of example only, Non-Windstar Services include goods and services provided by shoreside physicians, air ambulance, hotels, restaurants, airlines (including the airline(s) used in any Windstar Air Package), railroads, tour operators, helicopter operators, amusement park operators, dayboat operators and motorcoach operators. As a result, 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 Service. Money received in respect of Non-Windstar Services by us is received only as your agent, to be paid to the third party (less retained commission, if any). Windstar will not be liable for the refund of this money to you except to the extent retained and not owed by us to a third party providing Non-Windstar Services.

Change in Itinerary/Cancellation:
5. (a) Although Windstar will use its best efforts to provide you with the Cruise, situations may occur which require that changes be made. By way of example only, Windstar may adjust itineraries and schedules, delay departures or arrivals, or cancel a Cruise, due to casualty, weather, labor problems, the need to render assistance to others, governmental or insurer directives, passenger or employee injury or illness, schedule delays or changes by third parties, repair and maintenance requirements, fuel or other shortages, or damage to the Ship, other means of transportation, roads, tracks, bridges, docks, equipment or machinery. Furthermore, the Master of the Ship may, in his/her sole discretion, elect not to proceed in the ordinary course. Consequently, Windstar cannot guarantee the itinerary of the Cruise (including time of sailing from or arrival at any port or that all ports will, in fact, be called at). Windstar reserves the right to provide you with alternative transportation whenever the Cruise is unable to proceed or be completed in the ordinary course or, in the case of hotels, to substitute facilities of similar category in cases where the planned hotel is unavailable due to overbooking or otherwise.
(b) Your safety is very important to Windstar. For safety or other reasons that Windstar believes qualify as good cause, Windstar may, without notice, substitute any suitable ship, ships or other means of transportation, change any date of sailing or travel or cancel any sailing, port of call or the entire Cruise.
(c) If the Cruise is cancelled, Windstar may disembark you at any port, and transship and forward (at our expense, but at your risk) you and your property to or toward a port or location from which you may return home. The means of conveyance may or may not belong to us and may or may not proceed directly to the desired destination. If a Cruise is cancelled before commencement, you will be entitled, as your exclusive remedy, to receive the applicable Refund Amount. If a Cruise is cancelled after commencement, you will be entitled, as your exclusive remedy, to receive the applicable Refund Amount less a reasonable allowance for transportation and services already provided to you. The reasonable allowance will be determined on a pro rata basis by taking into account the time missed relative to the scheduled duration of the Cruise.

Authority to Remove Passengers:
6. Windstar may reasonably determine that for your safety, the safety of the Ship or the safety or comfort of other passengers or our employees, you be denied transportation either before or during the Cruise. By way of example, these would include situations where: (a) you are or become in such condition as to be unfit to travel or dangerous or obnoxious to other passengers or employees; or (b) you are inadmissible under the immigration or other laws of any country included in the Cruise itinerary. If transportation is denied after departure, you and your baggage may be landed or transported to any port or location that Windstar selects, without any resulting liability on our part.

Baggage:
7. (a) Windstar 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. Radioactive materials, controlled substances (other than lawfully obtained prescription drugs), firearms and illicit materials are strictly prohibited. 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 qualified service animals for passengers with disabilities; you are responsible for complying with governmental health and other requirements as to service animals.
(b) Windstar is not liable for: (1) any loss, damage or delay before baggage comes into our actual custody at the commencement of your Cruise or after baggage leaves our actual custody at the conclusion of your Cruise; (2) any loss, damage or delay while baggage is not in our custody which includes any period during which baggage is in the custody of airlines (including airlines booked as part of a Windstar Air Package); or (3) damage due to wear, tear or normal usage. For security and legal reasons, baggage is subject to search, and illegal or potentially unsafe property is subject to seizure, both before and during the Cruise.

(c) Windstar does not assume any liability for any loss of or damage to or delay of perishable items, medicine, liquor, cash, credit or debit cards, jewelry, gold, silver 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 or CDs. These items should not be left lying about the Ship or your cabin, nor should they be left unattended on other vessels, railcars or other vehicles or in hotels, nor placed in luggage other than a bag that you carry with you. In addition, Windstar does not assume any liability for any loss of or damage to carry-on baggage left unattended on the Ship or on 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 Windstar's liability as provided in this contract.
(d) The fare has been established on the basis of our assumption that the total value of your property that you are taking with you on the Cruise (exclusive of the items mentioned in Clause 7(c) above) will not exceed $100 (U.S.), or $600 (U.S.) if you purchased from us the Cancellation Protection Plan and Additional Baggage Protection. Accordingly, if Windstar, due to any cause whatsoever, is liable for loss or damage to, or delay of, your property, the amount of our aggregate liability will not exceed $100/$600 (as is applicable) unless you have specified to us the true value of your property and paid before commencement of the Cruise, at the Ship's Front Office or directly to us, 1% of the value in excess of $100/$600. In that event, our aggregate liability will be limited to the amount so specified. Whether or not a value in excess of $100/$600 has been specified, the limit on liability will be proportionately reduced in any case where less than all of your property is lost, damaged or delayed. Without increasing the above limits: (1) Windstar's aggregate liability will never exceed, and all settlements will be made on the basis of, original cost less depreciation; (2) damaged items will be settled on the basis of repair costs; and (3) lost, damaged or delayed baggage must be reported to a HAL representative within 48 hours after discovery and written claim to us must be made within 30 days after conclusion of the Cruise as provided in Clause A.3 above.

Passenger Liability in Certain Cases:
8. You will be required to reimburse Windstar for all expenses we incur as a result of any misrepresentation made by you, as a result of the need to provide you with medical services, as a result of your detention by immigration, health or port authorities, or as a result of any personal injury or damage caused by your acts or omissions or the acts or omissions of any minor (under age 21) traveling with you. Windstar will have a lien for such expenses on your property that you have taken with you on your Cruise. If, due to weather or other unforeseen reasons, flights are adversely impacted or you are otherwise required to spend an additional night in a location, hotel and meal costs are your responsibility.

Medical Care:
9. Although Windstar has attempted to exercise reasonable care in engaging the professional services of the Ship's doctor or of other doctors who may treat you during the Cruise, he or she is an independent contractor rather than our agent or employee. Accordingly, Windstar will not be liable for the consequences of any examination, advice, diagnosis, medication, treatment, prognosis or other professional services which a doctor may furnish or fail to furnish to you. Furthermore, you may be charged for such professional services.

Travel Agents:
10. Windstar is not responsible for the financial condition or integrity of any travel agent utilized by you in connection with the Cruise. In the event that an agent fails to remit to us any monies paid by you to the agent, you remain liable for the fare due Windstar, regardless of whether Windstar demands payment before or after Initial Departure. Any refund made by Windstar to an agent on your behalf is considered, for purposes of this contract, as being the same as payment to you whether or not the monies are delivered by the agent to you.

Passenger Condition:
11. There are risks inherent to being aboard the Ship. These include, by way of example, having to evacuate the Ship in case of emergency, having to move about on the Ship during rough seas and lack of access to full medical services. For people who are ill or who are mentally or physically disabled or impaired, these risks are more significant. For example: access to all parts of the Ship, other means of transportation or to facilities on shore may be difficult or impossible for some passengers. Please note that the Wind Star and Wind Spirit do not have any elevators. For these reasons, we require that if you have any special medical, physical or other requirements, these be brought to Windstar's attention immediately upon receipt of this contract. In limited situations where you would be unable to satisfy certain specified safety and other criteria, even when provided with appropriate auxiliary aids and services, Windstar reserves the right to refuse permission to participate in all or part of the Cruise.

Compliance with Laws/Minors:
12. Immigration, health and other laws, both in the United States and other countries, may require that you obtain a certain visa, hold a passport, be inoculated, obtain parental consent or otherwise obtain documentation prior to entering or returning to a country. It is your responsibility to take all steps as may be required to enable you to comply with these laws. All persons under 18 years of age must be accompanied and supervised by a parent or guardian. Persons under 21 years of age are not permitted to consume alcoholic beverages; parents and guardians are obligated to insure compliance with this requirement.

Authority to Use and Sell Pictures, Video Images and Audio Recordings:
13. We periodically photograph or otherwise film people participating in Cruises for retail, marketing, promotional, publicity and training purposes. Without any requirement that we compensate you or obtain any additional approvals from you, we are authorized to include photographic, video recordings and other visual portrayals of you, as well as voice recordings included with any videos, in photographs, videos, DVDs or other mediums that we sell at retail or utilize for marketing, promotional, publicity and/or training activities.

Governing Law; Transferability; Separability:
14. This contract is issued at Seattle, Washington. This contract and its interpretation shall, to the maximum extent allowed under the general maritime law of the United States, be governed by and construed in accordance with the general maritime law of the United States; otherwise it shall be governed by and construed in accordance with the laws of the State of Washington (U.S.A.). This contract cannot be transferred by you. Any additions, deletions or other alterations to, or waivers of any term of, this contract which are purported to have been made by us and which have not been agreed to in writing by the President of HAL will not be legally binding upon us. Any provision of this contract which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and the validity and enforceability of the remaining terms and conditions of this contract will not otherwise be affected, nor will the validity and enforceability of such provision be affected in any other jurisdiction.

B. The Cruise:
1. Additions to Fare/Port Charges, Non-Discountable Amount, Taxes and Surcharges: (a) The fare that you paid was determined far in advance of Initial Departure on the basis of then-existing projections of fuel and other costs. In the event of an increase in fuel or other costs above amounts projected, we have the right to increase the fare at any time up to Initial Departure and to require payment of the additional fare prior to Initial Departure. We have the right to refuse to transport you unless the additional fare is paid. Within seven (7) days after you are notified of the additional fare (but no later than Initial Departure), you may elect to surrender this contract to us for cancellation, whereupon you will receive the Refund Amount. Cancellation fees do not apply to this type of refund.

Hostilities: 2. Although unlikely, the Ship may be confronted by actual or threatened war, warlike operations or hostilities. In addition to Windstar's right to deal with this situation under Windstar's general right to respond to safety concerns, Windstar may also decide that it would be prudent for the Ship to sail with or without lights, omit observance of practices, rules and regulations as to navigation, cargo or others applicable in time of peace, or sail armed or unarmed and with or without convoy.

Flight and hotel information

All the terms, conditions, rules and regulations regarding cruise bookings displayed below (“Fare Rules”) are the sole responsibility of the cruise line creating such Fare Rules. THIS SITE ACTS SOLELY AS AN AGENT FOR THE CRUISE LINE AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION CONTAINED IN THE CRUISE LINE FARE RULES BELOW, INCLUDING THAT THE FARE RULES BELOW ARE THE MOST UP-TO-DATE STATEMENT OF THE TERMS, CONDITIONS, RULES AND REGULATIONS APPLIED BY THE CRUISE LINE TO THE APPLICABLE FARE. The inclusion of the cruise line Fare Rules below is intended solely as a convenience for visitors to this site, and does not constitute any endorsement or concurrence by this site in anything contained in the cruise line Fare Rules below. We strongly recommend that you read the Fare Rules below carefully and contact the individual cruise line if you have any questions.
IMPORTANT NOTICE TO PASSENGERS THIS DOCUMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. THE WORD "YOU" REFERS TO ALL PERSONS TRAVELING UNDER THIS CONTRACT INCLUDING THEIR HEIRS, SUCCESSORS IN INTEREST AND PERSONAL REPRESENTATIVES. THE WORDS "WE” AND “US" REFER TO THE OWNER AND HAL. CERTAIN OTHER PERSONS AND ENTITIES, AS WELL AS THE SHIP ITSELF, ARE ALSO GRANTED RIGHTS UNDER THIS CONTRACT. NOTICE: YOUR ATTENTION IS ESPECIALLY DIRECTED TO CLAUSES A.1, A.3, A.4, A.5, A.6, A.7, A.9, A.10 AND C.4 BELOW, WHICH CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHT TO ASSERT CLAIMS AGAINST US AND CERTAIN THIRD PARTIES. THIS CONTRACT ALSO INCLUDES THE CONDITIONS UNDER WHICH HAL BOOKS AIR TRANSPORTATION IF YOU ARE PARTICIPATING IN WINDSTAR’S HOME CITY AIR PROGRAM. IF ANY OF THESE CONDITIONS DO NOT MEET WITH YOUR APPROVAL, YOU HAVE THE OPTION OF ARRANGING AIR TRANSPORTATION INDEPENDENTLY IN WHICH EVENT THE AIR ADD-ON AMOUNT PAID TO HAL WILL BE REFUNDED. ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THIS CONTRACT, THE CRUISE OR THE WINDSTAR AIR PACKAGE SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE, OR, AS TO THOSE LAWSUITS AS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, IN THE COURTS OF KING COUNTY, STATE OF WASHINGTON, U.S.A., TO THE EXCLUSION OF ALL OTHER COURTS.