The following supersedes all prior VS Program Rules. By participating or continuing to participate after the effective date, you agree to the following:

The loyalty program for Silversea Cruises® is operated by Silversea Cruises LLC, formerly Silversea Cruises Ltd. (the “Company”) under the name, Venetian Society® (the “Loyalty Program”). The Loyalty Program operates under the terms and conditions as set out below unless expressly stated (the “VS Program Rules”).

The VS Program Rules govern the Company’s relationship with eligible members of the Loyalty Program (collectively “Members”, and individually, a “Member” or “you”), including how Members manage their accounts, book reservations, achieve status, earn and transfer “VS Days” (as defined below), as well as with third party programs that have a business relationship with the Loyalty Program (“Partner Programs”).

THESE VS PROGRAM RULES CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES WITH THE COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE LOYALTY PROGRAM.

By opening a Loyalty Program membership account (“Account” or “Membership Account”), by accessing or using the Membership Account number you were assigned (“Membership Number”), and/or receiving or redeeming benefits of the Loyalty Program, you agree that:

• you have read and accept these VS Program Rules; and you have read and accept the Website Terms of Use that are incorporated by reference herein; and
• you consent to the collection, use, sharing, receiving and disclosure of your personal data among the Company, the Loyalty Program and Partner Programs, and each of their respective subsidiaries, affiliates and agents in accordance with the Company’s Privacy Policy.

All Loyalty Program benefits, amenities, offers, awards and services are subject to availability and may be changed by the Company at any time without notice. The Company may terminate the Loyalty Program, in whole or in part, immediately, without notice, except in any jurisdiction if required to provide notice by applicable law. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Loyalty Members. If the Loyalty Program is terminated, all unredeemed Benefits (as defined below) will be forfeited without any obligation or liability, and no Benefit claims will be honored.

These VS Program Rules supersede all previous terms and conditions applicable to the Loyalty Program. The Company reserves the right to change, amend, modify or supplement these VS Program Rules, the structure for earning and redeeming Benefits (as defined below), with or without notice, at any time and in its sole discretion even though such changes may affect the value of VS Days, or the ability to obtain certain Benefits (collectively “Program Rule Changes”). Any Program Rule Changes will be effective immediately, unless otherwise stated by the Company, and may be posted to Silversea.com. Members are responsible for remaining knowledgeable of the VS Program Rules and any Program Rule Changes. You waive any right you may have to receive specific notice of such Program Rule Changes and your continued participation in the Loyalty Program will constitute your acceptance of any such Program Rule Changes.  

1. How to Join the Loyalty Program.

1.1 Eligibility
Membership in the Loyalty Program is free and available to any natural person who: (a) is at least 18 years old; (b) possesses the legal authority to agree to the VS Program Rules; (c) resides in a jurisdiction that legally permits participation in the Loyalty Program; (d) provides valid and accurate personal information when enrolling in the Loyalty Program; (e) is not already a member of the Loyalty Program; and (f) has not previously been terminated from the Loyalty Program by the Company or any of the Partner Programs. Corporations, groups, and associations are not eligible to participate in the Loyalty Program. Employees, officers, directors, agents and representatives of the Company and the Partner Programs are eligible to join.

1.1.a. Members are responsible for reading and understanding the Loyalty Program Rules, Account statements, and other communications from the Company about the Loyalty Program in order to understand his/her rights, responsibilities, and status in the Loyalty Program. If a Member has any questions about the Loyalty Program or these VS Program Rules, the Member should contact 1-888-978-4070 if calling from the U.S. or Canada, or your local Silversea office, if outside the U.S. or Canada.

1.1.b. Members are responsible for reading the Company’s Privacy Policy in order to understand how the Company collects, uses, and discloses a Member’s data. If a Member has any questions about the Company’s Privacy Statement or its collection, use, or disclosure of a Member’s data, the Member should contact 1-888-978-4070 if calling from the U.S. or Canada, or your local Silversea office, if outside the U.S. or Canada.

1.1.c. Membership in and application for membership in the Loyalty Program is void if prohibited by law in the country of the Member's or applicant's domicile.

1.1.d. A Member must promptly notify the Company in the event that (i) he/she is not eligible for any reason, including, without limitation, pursuant to any applicable laws, gift policies or incentive policies, to earn VS Days, Benefits, Milestone status, or any other benefits that a Member may earn under the Loyalty Program, or (ii) his/her Member Account has been credited with any VS Days, Milestone status, or any other benefit that a Member may earn under the Loyalty Program that he/she has not earned or is not eligible to earn.

1.2. Conditions of Enrollment.

1.2.a. Enrollment. All eligible guests will be enrolled in the Loyalty Program upon completion of their first Voyage. To enroll prior to completing a Voyage contact 1-888-978-4070 if calling from the U.S. or Canada, or your local Silversea office, if outside the U.S. or Canada.

1.2.b. Individual Membership. Only individuals are eligible for Loyalty Program membership, and each individual may maintain only one Membership Account. All Membership Accounts are individual Membership Accounts and no joint or shared Accounts are permitted even if you reside within the same household. Loyalty Program benefits are non-transferable unless expressly stated otherwise.

1.2.c. Assignment of Membership Account and Membership Number. After applying to the Loyalty Program, or completing a Voyage (as defined below), a Membership Account will be opened and a Membership Number will be assigned to each applicant. Upon receiving this Membership Number, an individual becomes a Member eligible to earn VS Days. 

1.2.d. Duplicate Accounts. A Member may not have one or more duplicate Accounts under the Loyalty Program at any time. 

i. If more than one Loyalty Program Membership Number is assigned to an individual for the Loyalty Program, he/she will only earn VS Days for one Membership Account. Duplicate Membership Accounts may be canceled.

1.3. Membership Communications.
The Company may also send Members promotions, offers and other communications from time to time, which may include, without limitation, items from third parties. The items from third parties are based on the information provided to the Company by a Member and any additional data the Company may maintain. Members may change personal details and communications preferences at any time by contacting 1-888-978-4070 if calling from the U.S. or Canada, or your local Silversea office, if outside the U.S. or Canada.

1.4. Membership Termination.

1.4.a. Termination by Member. A Member may cancel his/her membership in the Loyalty Program at any time by contacting 1-888-978-4070 if calling from the U.S. or Canada, or your local Silversea office, if outside the U.S. or Canada. All VS Days accrued, as well as achieved member status, including Milestone status, and Benefits will be forfeited immediately and may not be reinstated or transferred.

1.4.b. Termination by Company. The Company may cancel a Member’s accumulated VS Days, suspend Loyalty Program benefits, suspend Milestone status or cancel a Member’s Account at any time with immediate effect and without written notice, for any reason and in the Company's sole discretion including, without limitation, if the Company believes the Member has:

i. Made any use of the Loyalty Program for commercial purposes or fraudulent activity, or attempted to manipulate or abuse the Loyalty Program;

ii. Acted in a manner inconsistent with applicable laws, regulations, ordinances;

iii. Failed to pay any bill when due to the Company or “RCG” (defined below) or failed to fulfill a financial obligation;

iv. Acted in an inappropriate, fraudulent, abusive or hostile manner;

v. Breached or violated any of these VS Program Rules or the Website Terms of Use;

vi. Engaged in any misconduct or wrongdoing in connection with the Loyalty Program including, without limitation, with respect to Benefits, Milestone, or any other Loyalty Program or Partner Program benefits.

1.4.c. Effect of Membership Termination.
i. The Loyalty Program, VS Days, Benefits and Milestones and other related benefits and services are the sole property of the Company and not the property of Members. On cancellation of membership in the Loyalty Program for any reason, all unredeemed Benefits, and other related benefits and services will be forfeited and a Member will no longer be able to participate in the Loyalty Program. VS Days, Benefits and other related benefits and services have no cash value and the Company will not compensate or pay cash for any forfeited or unused Benefits.

ii. If the Company cancels a Member’s Account for any reason, the Member may not reapply for membership in the Loyalty Program except in very limited circumstances at the Company’s sole discretion, and any unauthorized Account opened in the Member’s name following cancellation, as well as Benefits, VS Days, Milestones and other related benefits and services earned in that Account will be forfeited upon discovery.

iii. If a Member cancels his/her Account, the Member may reapply for membership in the Loyalty Program at a later date, but no Benefits, VS Days, and other related benefits and services previously forfeited or expired will be reinstated to the Member Account and any Milestone status will not be reinstated.

iv. Any Milestone status terminates upon cancellation of a Member Account.

2. ABOUT THE LOYALTY PROGRAM. 

2.1. VS Days and Milestones. The Loyalty Program provides Members with exclusive access, booking benefits and onboard privileges, as further detailed in Section 4. Members are eligible to earn and accumulate Venetian Society Days (each a “VS Day” and together “VS Days”) to reach status milestones at 1 VS Day, 100 VS Days, 250 VS Days, 350 VS Days and 500 VS Days (each a “Milestone”).

2.2. Earning VS Days. Members earn and accumulate VS Days at a rate of one (1) VS Day per day sailed on a “Voyage” (defined below) (the “Standard VS Day Earning Rate”). A Member will earn and accrue the number of VS Days equivalent to the length of the Voyage on which that Member completes. No additional VS Days are awarded for solo travelers, regardless of cabin occupancy. The Member’s Membership Number must be included on the Voyage reservation for the Member to earn the VS Days for the Voyage. VS Days cannot be accrued or applied mid-sailing. VS Days will post to the Member’s Account within thirty (30) business days of the Voyage. Any Milestone benefits shall be available to the Member on any future Voyage after achieving the Milestone(s). No Milestone benefit(s) can be applied retroactively. “Voyage” shall mean any sailing on a Company Ship1 during which Members are eligible to earn the number of VS Days equivalent to the sailing length, and specifically exclude any sailings purchased at a reduced cruise fare, including but not limited to employee vacation, friends and family rates, travel agent rates, vendor rates, interlines rates, charters, net rates and other sailings, such as non-revenue sailings (e.g. speakers, employees, etc.), designated by Company in its sole discretion. 

3. PARTNER PROGRAMS.

3.1. Partner Programs. The Loyalty Program is among the loyalty programs for Royal Caribbean Group cruise brands, operated by Royal Caribbean Cruises Ltd., and its subsidiaries (collectively “RCG”) including the Royal Caribbean International® loyalty program, Crown & Anchor® Society (“Crown & Anchor Society” or “CAS”) and the Celebrity Cruises® loyalty program, Captain’s ClubSM (“Captain’s Club” or “CC”). CC and CAS are together the Partner Programs.

3.2. Loyalty Status Match. Subject to the Loyalty Status Match Rules (the “Loyalty Status Match Rules”), Members enrolled in Partner Program(s) and the Loyalty Program will receive complimentary Member Level (as defined in the Loyalty Status Match Rules) status across the Loyalty Program and Partner Program(s) commensurate with the program at which they have completed the qualification requirements set forth in the applicable program’s rules to achieve the highest Member Level in accordance with the Status Match Program Rules.

3.3. Points Choice. A Member may submit a request (“Points Transfer Request”) to convert points earned through a Partner Program (e.g., Club Points for CC (“CC Points”) or Cruise Points for CAS (“CAS Points”), each as defined in the applicable Partner Program) (the “Partner Points”) to VS Days, or VS Days to Partner Points, at a designated exchange rate (the “Points Transfer”) by completing and submitting the “Points Transfer Form”, as defined in Section 3.3.a. below, any time prior to the sailing/voyage on which the VS Days or Partner Points, as applicable, will be earned, up to fourteen (14) days following their completion thereof.

3.3.a. Points Transfer Form. A Member may submit a request to convert VS Days to Partner Points by visiting the Points Choice page on our website and completing the Points Transfer Form. A Member must initiate a Points Transfer Request to transfer Partner Points to VS Days with the applicable Partner Program.

3.3.b. Exchange Rate. The exchange rate applicable to a Points Transfer (the “Exchange Rate”) varies by Partner Program and other criteria as follows:

i. VS Days to Partner Points. A Member may convert VS Days to Partner Points at an Exchange Rate varying by suite category and Voyage type (e.g. Classic or Expedition) as follows:

ii. Partner Points to VS Days. A Member may convert CAS Points to VS Days at the Exchange Rate available on the CAS Points Choice Webpage here. A Member may convert CC Club Points to VS Days at the Exchange Rate available on the CC Points Choice Webpage here.

3.3.c. Points Transfer Requirements and Restrictions. 
i. Member Account Requirements. Members requesting to convert Partner Points earned through Partner Programs to VS Days with the Loyalty Program, or VS Days earned through the Loyalty Program to Partner Points with a Partner Program, must be a member of both the Loyalty Program and the Partner Program in order to successfully complete the conversion. A Member may only submit a Point Transfer Request to transfer Partner Points from their Partner Program account to their Loyalty Program Account and may not transfer Partner Points to the Loyalty Program Account of another individual. A Member may only submit a Point Transfer Request to transfer the VS Days from their Loyalty Program Account to their Partner Program account and may not transfer VS Days to the Partner Program account of another individual.

ii. Restrictions on Transferring to and from Partner Programs. Any VS Days earned over and above the Standard VS Day Earning Rate, including but not limited to in connection with a promotional offer (“Bonus VS Days”), cannot be transferred to a Partner Program and will be forfeited upon submission of a Points Transfer Request for such Voyage. All VS Days earned by a Member in connection with a Voyage must be transferred to a Partner Program, no partial transfers of VS Days are permitted. No partial Partner Points are awarded. Any Points Transfer of Partner Points to VS Days that would result in a partial VS Day will be rounded down to the nearest whole number. VS Day(s) can only be transferred once and must have been earned by the Member on a Company Voyage.

3.3.d. General. Registration for Points Choice is not required but may be subject to eligibility criteria, from time to time, as set forth by the Loyalty Program and Partner Programs. Members engaging in a Points Transfer are required to ensure that the account holder name in both their Partner Program account and the Loyalty Program Account match to ensure that the Points Transfer transaction successfully posts to the Account. Once Partner Points have been converted to VS Days, VS Days will automatically be transferred to the Member’s Loyalty Program Account. In most cases, VS Days transferred to the Loyalty Program from a Partner Program will be posted to the Member’s Loyalty Program Account in up to thirty (30) days from Company’s receipt of the Points Transfer Form and Member’s completion of the Partner Program sailing. The terms and conditions of the Partner Program control the use and transfer of Partner Points. Once a Points Transfer has been requested, cancellation, changes, reissuance, and/or refunds of Partner Points are not allowed. Upon transfer, the terms and conditions of the program to which the points were transferred apply.

The Loyalty Program and Partner Programs have the right to terminate the Points Transfer or to change the Points Transfer policies, procedures, conditions of participation, benefits, awards, Exchange Rate(s) and special offers, in whole or in part, at any time, with or without notice. The Loyalty Program reserves the right, in its sole discretion, to prevent or cancel transactions where (i) the Loyalty Program has reason to believe that the identity of the Member converting the Partner Points to VS Days does not match the identity of the person receiving the VS Days or (ii) where the Loyalty Program suspects there has been any fraudulent activity. For details on joining a Partner Program, please refer to the particular Partner Program’s terms and conditions. The terms and conditions of each Partner Program control the distribution of the Partner Points earned through Partner Program. The Points Transfer is subject to the terms and conditions of each Partner Program.

4. BENEFITS.

4.1. Benefits of Membership. Members may receive certain membership benefits (“Benefits”) after completing at least one (1) Voyage and reaching at least (1) Milestone. Benefits differ by Milestone status, may be subject to additional terms, including but not limited to those in Sections 4.1.a. and 4.2., and include:

4.1.a. Other Benefits.

i. “Sail with Us Referral Offer” offers a cruise fare savings of US$500.00 for each guest the Member refers who completes a booking with the Company and has not previously sailed with the Company (“New Guest”), up to 10 New Guests per calendar year. The referring Member’s full name and Membership Number must be provided by the New Guest within 21 days of the reservation creation for validation. Upon validation, both the referring Member and the New Guest will receive an email confirmation confirming the validation. The referring Member will then see the Sail with Us Referral Offer Benefit reflected on My.Silversea.com and can apply it to the cruise fare on their booking of choice, which must have a sail date on or after the New Guest’s date of departure. The Sail with Us Referral Offer is subject to the New Guest completing the sailing on which the referral was applied. Should the New Guest cancel the reservation, or not complete the sailing, the referring Member will forfeit the Sail with Us Referral Offer and the balance will become due in accordance with the payment terms applicable to the Member’s sailing. Only Members who have earned at least 1 VS Day are eligible for the Sail with Us Offer Benefit.

ii. “Milestone Recognition” recognizes Members who have earned the VS Days to qualify them for new Milestone status during a Venetian Society Party.

4.2. Additional Benefit Terms. The Benefits are not exhaustive and are subject to the following limitations along with additional terms and conditions as the Company may implement from time to time, in its sole discretion:

4.2.a. “VS Sailings” are select sailings on which Members can receive a 5% discount on the cruise fare, applicable to select ship and sailing dates as designated by the Company in its sole discretion. VS Sailings can be found at https://www.silversea.com/best-luxury-cruise-deals/venetian-society.html, and are subject to availability. The VS Sailings Benefit is based on double occupancy and cannot be combined with Last Minute Fares. Single occupancy Members paying 200% are entitled to the Benefit. 

4.2.b “Reunion Sailings” are VS Sailings available at https://www.silversea.com/venetian-society-reunions.html and include unique events exclusively available to Members.

4.2.c. “Member Savings” is a savings available to Members on all new individual bookings made after achieving the Milestone associated therewith and provide a savings equivalent to 5% or 10% off the cruise fare. Member Savings can be used on VS Sailings but are not combinable with Last Minute Fares, employee sailings, friends and family rates, travel agent rates, vendor rates, charters, net rates and other discounted rates as designated by Company. Member Savings cannot be applied retroactively, and may be removed from the booking if the Member cancels and reinstates the booking or rebooks into a new booking on the same ship and sail date, applies a fare change, or changes the ship or sail date of the booking; certain other changes to the booking may also result in removal. 

4.2.d. “Complimentary Cruise Fare” provides the Member a $0 cruise fare applicable to an entry level suite category (Classic Veranda or equivalent) on the Voyage qualifying the Member for the applicable Milestone (e.g., 350 VS Days; 500 VS Days) (the “Qualifying Benefit Voyage”). The Complimentary Cruise Fare Benefit is only applicable to the Qualifying Benefit Voyage and certain Voyages are excluded, including but not limited to (i) Voyages on a Ship within its first 365 days of service; (ii) holiday Voyages; and (iii) Voyages with sailing dates that between June 15 and August 15 of any calendar year. The Complimentary Cruise Fare Benefit must be applied in full and can be redeemed to partially satisfy a cruise fare of a longer Voyage by paying the pro-rated incremental balance. Any Complimentary Cruise Fare Benefit not redeemed on the Qualifying Benefit Voyage shall be void. Limit one (1) Complimentary Cruise Fare Benefit per Member per Milestone. Any travel companion shall pay the full cruise fare. After a Member reaches the 500 VS Days Milestone, the Member will receive an additional Complimentary Cruise Fare Benefit for an up to seven (7) day Voyage for every additional 150 VS Days accumulated thereafter, subject to the restrictions in this Section 4.2.d. The Complimentary Cruise Fare Benefit cannot be combined with any other offer or benefit and does not include taxes, fees, air transportation and/or transfers to/from the port of embarkation or disembarkation. Member can upgrade the suite category on the Qualifying Benefit Voyage by paying the incremental difference in cruise fare from the suite category booked and the upgraded category.

4.2.e. “Complimentary Laundry & Pressing” provides eligible Members with unlimited complimentary laundry and pressing services during their Voyage. Benefit is press only and excludes all dry-cleaning services. 

Benefits available through the Loyalty Status Match Program.

4.3 Members can only earn VS Days with the Loyalty Program.
4.3.a. Members who have received complimentary Milestone status in the Loyalty Program through the Loyalty Status Match Program, or otherwise hold Milestone status but have not earned the corresponding number of VS Days are not eligible for certain benefits unless and until the requisite number of VS Days have been earned (the “VS Excluded Benefits”). The VS Excluded Benefits include:

i. Sail with Us Referral Offer. A Member must earn at least 1 VS Day to be eligible for the Sail with Us Referral Offer Benefit. 

ii. Complimentary Cruise Fare.

iii. Milestone Recognition.

Upgraded Champagne Welcome.

5. ADDITIONAL TERMS OF PARTICIPATION IN THE LOYALTY PROGRAM.

5.1. Monitoring Membership Accounts. The Company reserves the right to monitor the Accounts of all Members, at any time and without notice, for compliance with VS Program Rules. The Company may review all VS Days and transaction history including, without limitation, requests for Benefits.

5.2. Adjustments.
5.2.a. Missing VS Days. A Member may request credit for VS Days that are not reflected in a Member’s Account for Voyages by calling Member Support at 1-888-978-4070 if calling from the U.S. or Canada, or your local Silversea office, if outside the U.S. or Canada. All requests must be received within one (1) year of the applicable Voyage to receive any credit.

5.2.b. Correction of VS Days and/or Benefits. At any time and in the Company’s sole discretion (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to these Program Rules), the Company may correct (i) the amount of VS Days credited to a Member’s Account, and (ii) any other benefit that has been credited to a Member’s Account, including, without limitation, any Milestone or Milestone status. The Company also reserves the right, in its sole discretion, to prevent, cancel, or reconcile any transaction where the Loyalty Program suspects there has been fraudulent activity connected with the transaction.

5.3.Taxes. Benefits may be subject to income or other taxes. The Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction for the Member. The Company will not be liable for any tax liability, duty or other charges in connection with the issuance of VS Days, Benefits, and other Member benefits.

5.4. Interpretation of VS Program Rules. All interpretations of these VS Program Rules regarding membership are at the Company’s sole discretion, and the Company’s decisions will be final. In the event of any discrepancy between the English version and any translated version of these VS Program Rules, the English language version will govern.

5.5. Limitation of Liability. IN NO EVENT WILL SILVERSEA CRUISES LTD., ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM, THESE VS PROGRAM RULES, OR THE OPERATION OF THE LOYALTY PROGRAM.

5.6. Governing Law; Time Limits to Bring Suit; Arbitration; Class Action Waiver. In this Section 5.6 only, inclusive of all subsections, references to “we” “us”, and “our” include the Company and its past, present, and future parents, subsidiaries, affiliates and joint ventures, as well as our and each of those entities’ agents, employees, predecessors, successors, and assigns. In this Section 5.6 only, inclusive of all subsections, references to “you” and “your” include the Member, as well as your and each of those person’s assignees, heirs, trustees, agents, or other representatives.

5.6.a. TIME LIMITS TO PROVIDE NOTICE AND FILE A CLAIM.

NO CAUSE SHALL BE MAINTAINABLE AGAINST THE COMPANY UNLESS COMMENCED WITHIN ONE (1) YEAR FROM THE DATE SUCH CAUSE AROSE OR BE FOREVER BARRED, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY OR COUNTRY TO THE CONTRARY.

5.6.b. CLASS ACTION WAIVER.
YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LEGAL ACTION AGAINST THE COMPANY WHATSOEVER SHALL BE MAINTAINED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

5.6.c. MANDATORY ARBITRATION.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS IF THERE IS A DISPUTE.

Except as otherwise provided in the Passage Contract, any dispute or claim between you and us must be arbitrated. This agreement to arbitrate is intended to be broadly interpreted. 

These VS Program Rules requires you and us to resolve most disputes in arbitration after first trying to resolve them between us. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. Discovery is more limited in arbitration than in a court proceeding. Arbitrators can award the same individualized remedies that a court can award. Their rulings are legally binding and subject to very limited review by courts. Arbitration will take place on an individual basis. Class and representative proceedings are not allowed, and you and we cannot seek, and arbitrators cannot award, relief on behalf of others.

BY AGREEING TO ARBITRATE, YOU AND WE EACH WAIVE THE RIGHT TO SUE IN COURT, TO TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. This Section shall survive termination of the VS Program Rules or any other agreement between you and us.

i. Pre-Arbitration Notice of Disputes and Informal Resolution.

Before either you or we commence arbitration, the claimant must first send a written notice of dispute to the other (“Notice”). Any such Notice to Company must be sent by U.S. certified mail or professional courier service to Company c/o: Legal Dept, Silversea Cruises Ltd., 1050 Caribbean Way, Miami, Florida 33132 (“Notice Address”). Any such Notice to you will be sent to your address on file with us, or an address we may ascertain after conducting a public records search. The Notice must include: (a) the claimant’s name, mailing address, email address, and phone number; (b) the claimant’s loyalty number (if applicable); (c) a description of the nature and basis of the claim or dispute; and (d) the specific relief sought. The Notice must be personally signed by you (if you are the claimant), or by our business representative (if we are the claimant). Electronic signatures are not acceptable. If you have retained an attorney to submit your Notice, please also provide signed written authorization allowing us to share your data with your attorney.

After the Notice containing all of the information above has been received, within 90 days, either you or we may request an individualized discussion (by telephone or videoconference) regarding settlement (“Informal Settlement Conference”). You and we must work together in good faith to select a mutually agreeable time during business hours for the Informal Settlement Conference (which can be after the 90-day period). You and our business representative must both personally participate in the Informal Settlement Conference, unless otherwise agreed in writing. Your and our lawyers (if any) may also participate.

Any applicable statute of limitations or contractual limitations periods will be tolled during the “Informal Resolution Period,” which is the period between the date that a fully complete Notice is received by either you or us and the later of: (i) 60 days later; or (ii) the date an Informal Settlement Conference is completed, if timely requested.

ii. Commencing Arbitration.

An arbitration proceeding cannot be commenced until after the Informal Resolution Period has ended. Any court of competent jurisdiction will have authority to enforce this Section including the power to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice and participating in a timely requested Informal Settlement Conference. Any court of competent jurisdiction also may enjoin the assessment or collection of arbitration fees incurred as a result of such arbitrations. Further, unless prohibited by applicable law, the arbitrator shall not accept nor administer any arbitration unless the claimant has complied with the Notice and Informal Settlement Conference requirements.

iii. Arbitration Procedure.

The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Section, and will be administered by the AAA. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Section another arbitration provider shall be selected by mutual agreement or by the court.) The AAA Rules are available online at www.adr.org or by writing to the Notice Address. As in court, you and we agree that any counsel representing someone in arbitration certifies that they will comply with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or the relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under that rule, the AAA Rules, or applicable federal or state law against all appropriate represented parties and counsel. The arbitrator may consider rulings in arbitrations involving different claimants against us, but an arbitrator’s ruling is not binding in other proceedings. Except as provided in this Section below, the arbitrator shall apply the substantive law that governs these VS Program Rules, and can award the same individualized remedies (including punitive and statutory damages and statutory attorney’s fees and costs) that a court could award under applicable law. Unless you and we agree otherwise, the arbitration will be decided based on papers submitted by you and us. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

During the arbitration, the amount of any settlement offer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which either you or we are entitled.

iv. Arbitration Fees.

We will pay all AAA filing, administration, case-management, hearing, and arbitrator fees (“AAA Fees”) if we initiate an arbitration. If the aggregate value of your claims is US$750 or less, we will pay all AAA Fees, so long as you have fully complied with the Notice and Informal Settlement Conference requirements in this Section. In such cases, we will pay the filing fee directly to the AAA upon receiving a written request at the Notice Address that you have commenced arbitration or, if the AAA makes you pay the filing fee, we will send that amount to the AAA and request that the AAA reimburse you. If, however, the arbitrator finds that either the substance of your claim or the relief you seek is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. If the aggregate value of your claims is US$750 or more, you will pay all AAA Fees. In such cases, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules or this Section. For mass arbitration filings, you agree to pay all administrative fees for AAA to initiate the mediation process for the mass arbitration filings.

v. Requirement of Individual Arbitration.

The arbitrator may award declaratory or injunctive relief only in favor of the individual claimant seeking relief and only to the extent necessary to provide relief warranted by that claimant’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one person, and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general proceedings; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then that claim or request for relief shall be severed and decided by a court after all other claims and requests for relief have been arbitrated.

vi. Mass Arbitrations.

If 25 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel (whether such cases are pursued simultaneously or not), all the cases must be resolved in staged proceedings. You agree to this process even though it may delay the arbitration of your claim. In the first stage, we and claimants’ counsel will each select up to 25 cases (50 cases total) to be filed in arbitration and resolved individually by different arbitrators. In the meantime, no other cases may be filed or proceed in arbitration, and the AAA must not assess or demand payment of fees for the remaining cases or administer or accept them.

The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. After the first stage is completed, the claimants must engage in a single mediation of all remaining cases, and we will pay the mediation fee. If the remaining claimants and we cannot agree how to resolve the remaining cases after mediation, we and claimants’ counsel will repeat the process of selecting and filing up to 50 cases to be resolved individually by different arbitrators, followed by mediation.

If any claims remain after the second stage, the process will be repeated until all claims are resolved, with four differences. First, a total of 100 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of counsel for the claimants.

Between stages, counsel will meet and confer regarding ways to improve the efficiency of the staged proceedings, including whether to increase the number of cases filed in each stage. Either party may also negotiate with AAA regarding the amount or timing of AAA fees.

If this Section applies to a Notice, the Informal Resolution Period for the claims and relief set forth in that Notice will be extended (including the tolling of any applicable statute of limitations or contractual limitations period for the claims and requested relief) until that Notice is selected for a staged proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this Section, including by enjoining the mass filing, the prosecution or administration of arbitrations, or the assessment or collection of AAA fees.

This subsection and each of its requirements are intended to be severable from the rest of Section. If, after exhaustion of all appeals, a court decides that the staging process in this Section not enforceable, then the cases may be filed in arbitration and the payment of AAA filing, administration, case-management, hearing, and arbitrator fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.

vii. Future Changes to this Section.

Notwithstanding any provision in these VS Program Rules to the contrary, you and we agree that if we make any future change to this Section (other than a change to the Notice Address), you may reject that change by sending us written notice within thirty (30) days of the first notice of the change to the Notice Address provided above. To be effective, your rejection must include your name, mailing address, email address, phone number, booking reference, and a statement personally signed by you that you wish to reject the change to this Section. By rejecting that future change, you are agreeing that you will arbitrate any dispute or claim between you and us in accordance with the language of this provision, as amended by any changes that you did not timely reject.