Passage Contract - SS Excalibur - 18 March 1938
Passenger's Receipt Forward Reservations, American Export Lines Contract for Passage on the SS Excalibur, Departing from Genoa to New York Dated 18 March 1938. GGA Image ID # 12cbefeead
Passenger's Receipt and Contract for passage on the SS Excalibur of the American Export Lines for a voyage departing from Genoa to New York on 18 March 1938 for an American adult woman.
American Export Lines Passenger's Receipt No. B 232247
From Genoa to New York on the SS Excalibur, Voyage No. 47, Sailing 18 March 1938 at 6:00 pm, Berth A-41, Basis 2.
Name of Passenger: Mrs. F. Gardner Bishop, Adult Female, American Citizen
Passage Paid: $160.00 + $4.00 Port Tax = $164.00 Total.
Ticket Issued 6 January 1938 by New York Agency of the American Export Lines.
In consideration of the passage money indicated in this contract, The Export Steamship Corporation, (hereinafter referred to as the Corporation) agrees to transport, but only on the terms hereinafter mentioned, the passenger(s) named, (hereinafter referred to as the passenger) on the date and by the steamer, from the port of embarkation to the port of landing as indicated on this contract, and to assist where requested, as agent of and at the risk and expense of the passenger and/or the purchaser of this ticket, for the transportation of the passenger from the port of landing. The passenger by his acceptance of this ticket indicates his agreement to the terms and conditions thereof, as follows:
- This ticket is good only for the ship and for the date named, and is the evidence of the passenger’s contract for transportation; it must be produced when required, and given up on demand before or at the end of the voyage.
- The passenger is required to be on board at least one half hour before the time set for the steamer’s departure. In the event this contract is cancelled the Corporation shall return to the passenger, the passage money paid therefore, less the agent’s commission and other expenses incurred.
- The Corporation may at any time without notice change any steamer, accommodations or sailing, but the passenger shall have no claim against the Corporation by reason of any cancellation, prevention, change, delay or substitution of any steamer, sailing or accommodation, for hotel or board bills, traveling expenses or other loss, delay or expenses whatsoever.
- The passenger has a right to interrupt his own voyage at intermediate fixed ports of the line and take a following steamer provided accommodations are available. The duration of a ticket cannot exceed more than one year. Unless definite forward berth and stateroom accommodations have been arranged by agent, master or purser at passenger’s expense the passenger on re-embarkation must be satisfied with the accommodation then at the ship’s disposal.
- Passengers are subject to the laws and regulations of the Government of the countries through which they travel. Passengers are held responsible toward the Corporation for all penalties, etc., which by their fault can be applied by the respective Authorities of Customs, Health, etc. In case of quarantine each passenger must himself bear all risks and expenses thereby caused, and will be charged for maintenance, payable day by day, while maintained on board the steamer.
- In order to comply with the Immigration laws, the passenger must, if required by the Corporation, submit at port of embarkation or elsewhere, as required, to a physical or other examination by the Corporation’s representatives, and if the Corporation decides that there is a possibility of the passenger being excluded from landing, or the passenger refuses to submit to such examination, this ticket may be cancelled as to the passenger. Children under 16 years of age will not be taken unless accompanied by an adult. No person who is, in the opinion of the Corporation’s representative, unfit to proceed by reason of sickness or infirmity or whose condition is such as to endanger the life, safety or reasonable comfort of other passengers, no professional gambler, and, unless accompanied by an attendant, no person whose condition is such as to require an attendant, shall be entitled to transportation hereunder. The Corporation shall not be liable for thus excluding a passenger, except that ocean fares received for such passenger shall be returned, less the expense that the Corporation may be put to on the passenger’s account, and less the commissions paid to agents. If the passenger is excluded or deported by the immigration authorities at the port of landing, no claim shall be made against the Corporation on that account.
- The Corporation shall not be liable for any failure to perform this contract, or for any loss, damage, injury, delay or death, of or to the passenger or the passenger’s property on board, in craft or ashore, or delay on the voyage arising from act of God, public enemies, arrest or restraint of princes, rulers, peoples, perils of the sea or other waters or of navigation, fire, barratry of master or crew, theft, pilferage, riots, strikes, lockouts, labor disputes, disturbances or from any cause whatsoever beyond the Corporation’s reasonable control, or from any other cause unless such other cause be shown due to negligence or wrongdoing chargeable to the Corporation; and, provided due diligence shall have been exercised to make the steamer in all respects seaworthy and properly manned, equipped and supplied, the Corporation shall not be liable for loss, damage, injury, delay or death resulting from faults or errors in navigation or management of the steamer or latent or other defects in or unseaworthiness of the steamer, or any craft, whether existing at time of sailing or otherwise. This contract shall be subject to the provisions of Sections 4281 to 4287, each inclusive, of the United States Revised Statutes and the liability of the Corporation hereunder, in respect of passengers and property, shall be subject to the same conditions, limitations and exemptions as contained in said sections.
- The steamer shall have liberty hereunder, in the discretion of the Corporation or its representatives, to proceed without pilots, to tow and assist vessels in all situations, to put back to, proceed to, call, enter or stay at, any ports or places for any purpose although upon no route to destination or in a contrary direction thereto or with reference to a different voyage, once or oftener, backward or forward, in any order or rotation or to omit any itinerary ports, to deviate from the direct and customary course, and if prevented from sailing or proceeding in the ordinary course, shall have liberty (but is not required) to forward the passenger or the passenger’s property by continuing carriers to final destination by any available means, direct or via ports,, and places by the same or any other route or itinerary at the risk of the passenger and the property. In case of any deviation, any liability of the Corporation in respect of passenger or property or for loss, damage or delay or death of shall be governed by and subject to the conditions, exceptions and limitations of this contract.
- The passenger shall not be entitled to transportation of any property hereunder except personal effects properly constituting baggage. Laces, specie, bullion, precious stones, banknotes, bonds, or other negotiable documents, gold and silver articles, jewelry and valuables, not constituting personal belongings for use of the passenger, and merchandise, samples and property of others, and any property not personal effects of the passenger, shall not constitute baggage and must be shipped under bill of lading at the Corporation’s tariff rates and the corporation shall not be responsible therefor in any respect, if not so snipped, except as herein provided: the passenger shall be entitled to transportation of baggage hereunder (including property retained in stateroom, or in the personal custody of the passenger, or deposited with the purser as well as baggage carried in hold or baggage room) to the extent only of 20 cubic feet and to a total value of $100.00 (children in proportion to the extent of full fare paid). It is agreed that such baggage does not exceed said value, upon the basis of which the passage money has been adjusted, unless a value in excess thereof shall be declared at or prior to embarkation and a further charge thereon paid or tendered in advance on the excess value at the rate of 1%. An additional charge at current rates will be made for baggage where the measurement exceeds the contract allowance. Payment for excess measurement shall not entitle the passenger to increase in valuation. The Corporation does not undertake to transport baggage by any particular steamer, or in any particular time, and shall not be responsible for any delay in the transportation and delivery thereof.
- Documents, manuscripts, money, watches, precious stones, jewelry, gold and silver articles and valuables of any sort and such articles as are specified in Section 4281 of the United States Revised Statutes, if consisting personal effects such as may be properly carried hereunder as baggage, must be deposited with the master or purser of the steamer for safekeeping in a safe provided therefor, and the Corporation will not be responsible in any respect therefor until so deposited. Property and luggage retained by the passenger in stateroom or in the passenger’s personal custody and control must not be left unguarded about the steamer or in stateroom, either before or after sailing, but when not in actual use must be locked in the passenger’s stateroom or in trunk or receptacle of such character as not to be readily opened or removed, and failure to observe these requirements shall, in case of loss or damage during neglect thereof, be deemed negligence of the passenger causing such loss or damage. Property and luggage entrusted to a steward or other member of the steamer’s crew to take on board or ashore or hold for the passenger is at the sole risk of the passenger, such persons not being authorized to represent the Corporation for such purposes.
- Notwithstanding any other limitation or limitations of law, no suit shall be maintained in any jurisdiction for loss, damage or delay to the passenger’s property or for delay, loss, injury, damage, or death of the passenger unless commenced within one year after the termination of the voyage nor unless notice in writing shall be served upon the Corporation within forty days after debarkation in case of death, delay or personal injury, nor unless notice in writing shall be served upon the Corporation within twenty days alter debarkation in case of property loss, damage or delay.
- The passenger shall distinctly label baggage with the passenger’s name, steamer, date of sailing and destination, and if the passenger fails so to label the baggage the Corporation shall not be liable for loss of the baggage or delay in delivery thereof.
- The passenger if accepting medical or surgical treatment or supplies from the ship’s physician, or otherwise, does so at the passenger's own risk without responsibility of the Corporation and subject to the physician's charge.
- This contract is valid only for the passenger named and is binding for one year only, during which time the Corporation agrees, upon application of the passenger (unless berths have been secured for the passenger), to reserve accommodations for the sailing desired, or as soon thereafter as possible, with the understanding that if no accommodations corresponding with the price paid are available on the desired steamer, the passenger engaging vacant accommodations at a higher or lower rate will pay the difference in fare or have the same refunded, as the case may be.
- Money received by the Corporation in respect of transportation other than the passage herein provided for, is received only as the passenger’s agent to pay the same over to other carriers, and the Corporation shall not be responsible in respect of such other transportation, nor be deemed to receive property into its custody until the arrival at Corporation’s wharf at port of embarkation on said voyage, nor be responsible for the passenger until embarkation upon the Corporation’s steamer at such port, and the responsibility shall end without notice upon disembarkation or discharge at the Corporation’s wharf or over the steamer’s side.
- Passage money shall be deemed fully earned upon embarkation and shall not be refunded in whole or in part, steamer, passenger or property lost or not lost, voyage begun or not begun.
- No agent of the Corporation is authorized to alter or change the terms or conditions of this contract in any manner whatsoever.
- All limitations, exceptions and conditions herein contained as to the liability of the Corporation shall apply also to the agents, employees and other representatives.
- With respect to any responsibility of the Corporation arising before responsibility as carrier begins, or continuing after such responsibility ends, the Corporation shall have the benefit of the same conditions, limitations and exceptions as expressed in this contract.
Passengers are requested to read carefully the full text of Ticket Contract printed on inside front and back cover of this ticket.
- This Ticket is subject to all of the terms and conditions of the passage "Contract" (as contained on the inside cover pages thereof) of-which it is a part.
- In the event of error in fare collected, or, if children are older than represented hereon, the difference in fare, if any, must be adjusted before embarkation.
- If passengers do not travel by the steamer on which accommodation (room or berth) has been reserved and do not notify the company to this effect at least three weeks before sailing this contract shall become void and the amount paid for same is forfeited. If this contract is not used and no accommodation has been reserved the amount paid hereon will be refunded less the agent's commission and cancellation fee of 10% upon surrender of ticket.
- Neither the Booking Office (in their capacity as agents) nor the American Export Lines can accept any responsibility nor can they indemnify the holder or holders of this ticket in respect to any* loss or inconvenience sustained, whether it be occasioned by delay in departure or arrival of the steamer, postponement or cancellation of the service, change in route, misunderstanding with regard to accommodation or from any cause whatsoever.
Addendum to provisions of contract ticket
In any case whereSection 4283A of the Revised Statutes of the United States shall apply, the shipowner shall not be liable for any claim for loss of life or bodily injury unless written notice of the claim shall be given to the shipowner within six months from the day when the death or injury occurred. Suit to recover on any such claim shall not be maintainable unless commenced within one year after the day when each death or injury occurred. In all cases where Section 4283A does not apply, all the other provisions of this contract ticket including those as to notice of claim and commencement of suit, shall be in full force and effect.
Front Cover, American Export Lines Passage Contract for Passage on the SS Excalibur, Departing from Genoa to New York Dated 18 March 1938. GGA Image ID # 12cbe5c48c
Notice added to the American Export Lines Passage Contract on the SS Excalibur, Departing from Genoa to New York Dated 18 March 1938. GGA Image ID # 12cc37c5e6
Terms and Conditions, Part 1, American Export Lines Passage Contract on the SS Excalibur, Departing from Genoa to New York Dated 18 March 1938. GGA Image ID # 12cc06e137
Terms and Conditions, Part 2, American Export Lines Passage Contract on the SS Excalibur, Departing from Genoa to New York Dated 18 March 1938. GGA Image ID # 12cc35ca26
Addendum to Provisions of Contract Ticket, American Export Lines Passage Contract on the SS Excalibur, Departing from Genoa to New York Dated 18 March 1938. GGA Image ID # 12cc527654