Privacy Policy

Terms & Conditions


Tropics All-Inclusive

Terms & Conditions

Inclusive package offer is based on double occupancy and is valid on any new bookings made between 7/14/15 and 9/18/15 on select itineraries. All fares mentioned are per person, in US dollars, cruise only on select sailings only, based on double occupancy in lowest category, and include non-discountable amounts. Government fees and taxes are additional ($125-$330 per person). Offer includes three complimentary shore excursions per guest, an unlimited internet package, Windstar’s standard beverage package, and gratuities. The complimentary shore excursions offered are predetermined and can be modified by Windstar at any time. No substitutions are allowed. Availability for substitutions for shore excursions will be determined onboard. Internet speeds onboard are variable and are dependent on location of vessel. Beverage package includes unlimited cocktails including several top shelf brands, sparkling wines and wines by the glass that are $12 and under, and beer. Includes mini-bar beverage selections and beverages provided through room service. Bottles of wine and champagne are excluded from this package. Other beverages may be excluded based on availability. Available to new bookings only. See booking window above. Offer may not be combinable with other promotions and discounts. Offer is capacity controlled and may be withdrawn or modified at Windstar’s discretion at any time.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. Offer expires September 18, 2015. Ships’ registry: Bahamas.

Free Shore Excursions Promotion

Terms & Conditions

Complimentary shore excursions offer is based on double occupancy and is valid on any new bookings made between 5/4/15 and 8/14/15 on select itineraries.  All fares mentioned are per person, in US dollars, cruise only, based on double occupancy in lowest category, and include non-discountable amounts. Government fees and taxes are additional ($125-$185 per person). Offer is three complimentary shore excursions per guest.  The complimentary shore excursions offered are predetermined and listed above.  No substitutions are allowed.  There will be no credit available for unused shore excursions.  Available to new bookings only.  See booking window above.  Offer may not be combinable with other promotions and discounts.  Offer is capacity controlled and may be withdrawn or modified at Windstar’s discretion at any time.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.  Offer expires August 14, 2015.  Ships’ registry: Bahamas.

Tahiti Air & Hotel Package

Terms & Conditions

All fares mentioned are per person, in US dollars, cruise only, based on double occupancy in lowest category, and include non-discountable amounts. Government fees and taxes are additional ($130-$160). Flights for Tahiti Air & Hotel Package are between LAX and Papeete on sailings between 7/24/15-12/6/15. Flights arrive in Papeete on the evening before embarkation day and include one night 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 day room in Papeete, as well as transfers to and from the yacht and airport. Offer is valid on new bookings only for select departures and subject to availability. Offer may not be combinable with other promotional offers or discounts. Offers are capacity controlled and may be withdrawn or modified at Windstar's discretion at any time. Cancellation penalties may apply, please see brochure for details. Certain restrictions apply. Fuel surcharges may be imposed or increased over time. Information contained herein is accurate at the time of publication and subject to change without notice. Offer expires June 26, 2015. Ship's registry: Bahamas

One Week Sale

Terms & Conditions

All fares mentioned are per person, in US dollars, cruise only, based on double occupancy in lowest category and include non-discountable amounts. Government fees and taxes are additional ($80-$395 per person). Offer is valid on new bookings only for select departures and subject to availability. Offer is not combinable with any other promotional offer or discount. Bookings are non-transferable; no name changes can be made nor can this offer be applied retroactively. Offer is capacity controlled and may be withdrawn or modified at Windstar’s discretion at any time. Cancellation penalties may apply, please see website for details. Certain restrictions apply. Fuel surcharges may be imposed or increased over time. Offer expires September 2, 2015. Ships’ registry: Bahamas. Information contained herein is accurate at the time of publications and subject to change without notice.

TERMS & CONDITIONS

All itineraries, schedules, and ports are correct at time of publication but are subject to change without notice. “Windstar Cruises,” “We,” and “Us” refer to Windstar Cruises LLC, a Limited Liability Company that acts as the agent of Owner and is doing business as Windstar Cruises. 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 cabin that is at least 25 years old; one adult (age 25 or older) chaperone is required for every five (5) people under 21.
 
Should you need to contact Windstar Cruises prior to cruising, use this address: Windstar Cruises, 2101 4th Avenue, Suite 210, Seattle, WA 98121, U.S.A.
 
CRUISE FARES: Your fare includes ocean transportation, stateroom or suite accommodations, and all meals and entertainment on board the yacht. Not included, however, are items of a personal nature, such as alcoholic beverages, laundry, transfers prior to or after 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.
 
SINGLES: Single occupancy of a stateroom is generally 175 % of the published per person stateroom cruise fare (200 % of the Owner’s Suite, Suites, and Bridge Suites per person cruise fares) and is subject to availability.
 
RESERVATIONS AND PAYMENT: Windstar Cruises works with travel agencies worldwide to serve your needs. Reservations either made by or assigned to a travel professional must be managed by the agency of record. While Windstar is unable to provide specific booking information on agency bookings, we are happy to answer general questions. Alternately, you may reserve your cruise directly with us if you prefer. Since accommodations are limited by the number of staterooms or suites on each yacht, reservations should be made as early as possible. Payments for your Windstar cruise are to be paid to the travel agency with which you made your reservation, or directly to Windstar Cruises. Travel documents will be issued when full payment has been received by Windstar Cruises. Refunds for cancelled or unused services will be made, less any applicable cancellation fees and charges. If you have reserved your cruise with your travel professional, please be aware that additional cancellation fees charged by the booking agency may apply.
 
DEPOSIT AND FINAL PAYMENT REQUIREMENTS: Deposit of 15 % of cruise fare plus hotel and non-discountable amounts is required within three (3) days of booking to secure a reservation.  Final payment is due prior to 120 days before departure date. Your travel documents are usually received approximately 60 days prior to departure. If booking directly with Windstar Cruises send payments to Windstar Cruises, 2101 4th Avenue, Suite 210, Seattle, WA 98121, U.S.A. Payment is also welcome by American Express®, Discover Card®, Visa®, 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 bank or credit card company. Payment of the cruise deposit and Travel Protection Plan (if applicable) constitutes a binding of the Terms & Conditions.
 
LATE BOOKING POLICY: On bookings within 45 days of departure, before we can issue paper documents, Windstar Cruises requires final payment (cashier’s check, electronic transfer of funds, or American Express®, Discover Card®, Visa®, or MasterCard®) and before we can initiate the process of requesting hotel and/or air space; on bookings within 14 days of departure, we are unable to make air or hotel transfers or arrangements. Windstar Cruises will advise you of the status of the 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 will be refunded in full. Please note, changes or additions to the cruise package (i.e. transfers, special services, gifts, or onboard packages) cannot be made within seven (7) days of departure and should be arranged once you are on board the yacht.
 
CANCELLATION POLICY:
Each booking cancelled before 120 days prior to initial departure will be subject to a $50 per person cancellation fee.  A full refund (except for the amounts paid for Cancellation Protection Plan and the $50 per person fee) 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 (air, sea, or land). Guests who cancel after that date for any reason, including medical or family reasons, are subject to the following cancellation fee 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.
Windstar Cruises can only be responsible for refunding amounts actually received. 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 passenger 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 Cruises and may not always be possible.
 
CHANGE FEES: Changing your itinerary after reservations have been made can result in a loss of advantages gained by early planning. To cover administrative costs, a minimum charge of $35 per person will be assessed if you request a change in your travel arrangements less than 121 days prior to commencement of travel. This doesn’t apply to departure date changes made by Windstar Cruises. Change fees are not assessed for stateroom upgrades or for the addition of services unless air reservations are altered and/or travel documents must be reissued.
 
CRUISE CONDITIONS: “Yacht” refers to the yacht that will provide the ocean transportation portion of the cruise. “Cruise” refers to the specific cruise indicated, as it may be modified by us, and shall include periods during which you are embarking or disembarking the yacht or are on shore while the yacht 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 Cruises Air Package” refers to air transportation booked for you by us to enable you to travel to and from your cruise.
 
NON-WINDSTAR CRUISES SERVICES: These include non-Windstar Cruises Services such as airlines and other off-ship transportation carriers, shore excursions, and land 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.
 
GUESTS WITH DISABILITIES: Windstar Cruises does not discriminate against persons on the basis of disability. We seek, to the extent feasible, to accommodate the needs of persons with disabilities. There are no elevators on Wind Star and Wind Spirit nor were the yachts originally constructed to be wheelchair accessible. As a result, these yachts may be unsuitable for people relying solely on wheelchairs for transportation. Wind Surf,  Star Pride, Star Legend, and Star Breeze are equipped with elevators. Staterooms on Wind Surf are not wheelchair accessible. Four (4) suites on the all suite yachts are wheelchair accessible. Also note, there is no elevator access to board the yachts. Certain ports require the yacht to anchor; in this case guests must be ferried into port. Service animals are permitted on board yachts if prior arrangements have been made at time of booking. In limited situations where an individual with a disability would be unable to satisfy certain specified safety and other criteria, even when provided with appropriate auxiliary aids and services, we may find it necessary to ask the individual to make alternative travel arrangements. It is essential that Windstar Cruises is notified of any special medical, physical, or other requirements you may have at time of booking.
 
FARES, NON-DISCOUNTABLE AMOUNTS, TAXES, AND SURCHARGES: 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-Discountable 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. Taxes will be collected separately from the cruise fare. The term “Taxes” as used by Windstar Cruises refers to certain taxes, fees, and charges imposed by governmental or quasi-governmental authorities, including port authorities, relating to any aspect of your cruise. Similarly, Windstar Cruises reserves the right to impose or pass through fuel surcharges, security surcharges, or similar incidental surcharges. No right of cancellation exists under these circumstances.
 
YACHTS' REGISTRY AND TRADEMARKS: All of Windstar Cruises yachts are registered in the Bahamas and owned by Bahamian entities. “Owner” refers to the owner of the yacht; Wind Spirit is owned by Wind Spirit Limited; Wind Star is owned by Wind Star Limited; Wind Surf is owned by Degrees Limited; and Star Pride is owned by Windstar Pride Limited. Star Breeze is owned by Star Breeze Limited and Star Legend is owned by Star Legend Limited . Yacht ownership and registry are subject to change. Windstar Cruises has registered trademarks in the United States and various foreign countries for the names and phrases Windstar®, 180° from Ordinary®, 180 Degrees from Ordinary®, Romance Under Sail®, and the Windstar Cruises logo.
 
TRANSFERS/PRE- & POST-CRUISE SERVICES: 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.
 
AIR PROGRAM
FORCED OVERNIGHTS: 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 air fare and is the responsibility of the guest. Hotels will be selected by Windstar Cruises and may not be at the port. Guests are responsible for meals and items of a personal nature.
 
Note: Some hotel packages may not be available in conjunction with our air/sea program due to our preferred carrier’s flight frequency between port cities and the U.S.A. or Canada.
 
SEAT ASSIGNMENTS/AIRLINE SERVICE REQUESTS: While seat assignments, frequent flyer miles, or other service requests such as wheelchairs, special meals, or oxygen cannot be guaranteed by Windstar Cruises, your travel professional or Vacation Planner may assist you with these arrangements where possible once you receive your tickets. Some airlines or charter operations may not offer advance seat assignments. Each airline has its own baggage allowance policy. You are responsible for any excess baggage charges imposed by airlines.
 
CUSTOM AIR SERVICE: Windstar Cruises offers services in making air arrangements to and from our cruises. All requests are subject to availability and are not guaranteed. If confirmation is possible, guests will be assessed a non-refundable service charge per request and any additional airline costs incurred.
 
AIR CHANGES, CANCELLATIONS, AND REFUNDS: Once airline tickets have been issued, any changes or cancellations will  be assessed a $50 per change, per ticket fee, in addition to fees imposed by the airline carrier. Published and consolidator fares are frequently non-refundable once ticketed. Your vacation planner will discuss the terms of your ticket with you prior to purchase. Should the change or cancellation requested result in a fare increase or airline-imposed fee, you will be solely responsible for payment of the additional amount. The maximum refund for unused Flights will not exceed the air add-on paid by you to Windstar Cruises. Please note, that because of changing airline tariffs, your actual air tickets may reflect fares higher or lower than the charge assessed by Windstar Cruises. If so, the difference is neither chargeable nor refundable to you.
 
LIABILITY AND RELATION WITH AIRLINES: If, due to any cause beyond our control (including, for example, capacity controls placed upon us by airlines due to the types of fares under which we book), we are unable to arrange for air transportation 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 amount paid to us. 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. 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.
 
AIR TAXES AND FEES: 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 after this information was published.
 
 
Jul 7, 2015
 
Information contained herein is accurate at the time of publication and subject to change without notice.

Terms & Conditions

© 2014 Windstar Cruises
All Rights Reserved

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, 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.

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