Passage Contract - SS Vulcania - 27 April 1948
Passenger's Receipt and Copy of the Transportation Contract, American Export Lines, Agents for Italia S.A.N. Genoa, Contract for Passage on the SS Vulcania, Departing from Alexandria to New York Dated 27 April 1948. GGA Image ID # 12ccf25f3d
Passage Receipt and transportation contract for passage on the SS Vulcania of the Italia Line sailing 1 May 1948 from Alexandria to New York for a 24-year-old American male from Dallas, Texas. American Export Line was acting as a general agent of Italia S.A.N., Genoa.
American Export Lines, Inc., General Agents "Italia" S.A.N., Genoa
Passenger's Receipt and Copy of the Transportation Contract, No. B 60506 Issued 27 April 1948 at Alexandria by American Export Lines, Inc.
Passage Paid: $275.00
In consideration of the sum of money stated above, American Export Lines, Inc. hereafter referred to as the Carrier, agrees to transport, subject to the terms of this contract, the passenger or passengers, male or female, named hereinafter referred to as the Passenger, on the voyage and with the accommodation, as follows:
From Alexandria to New York on the SS Vulcania, Voyage 20, Sailing 1 May 1948.
NOTE: To be Paid to our principals in New York by the Owners of SS "Bert Williams" Messrs. Blidberg Rotchild Co., Inc., 80 Broad St., New York, as per Cable (New York) # 491, 28 April 1948.
Name of Passenger: RANSOM, Mr. Franklin E. -- Male, Age 24, from Dallas, TX.
Front Cover, American Export Lines Passage Contract for Passage on the SS Vulcania, Departing from Alexandria to New York Dated 27 April 1948. GGA Image ID # 12cc8bc3c8
Transportation Contract (Continued), American Export Lines, Agents for Italia S.A.N. Genoa, Contract for Passage on the SS Vulcania, Departing from Alexandria to New York Dated 27 April 1948. GGA Image ID # 12cd0ddc56
PASSENGER'S COPY OF THE TRANSPORTATION CONTRACT
The Passenger, by accepting or using this passage contract, and the Carrier, by issuing ‘the same, agree that the performance thereof shall be subject to the following conditions which no agent or employee of the Carrier is authorized to alter or waive, except as hereinafter specifically provided for:
- The Passenger will be on board at least one-half hour before the time set for the vessel’s departure. The Passenger is not entitled to the sole occupancy of a stateroom unless so indicated above. Upon repayment of the unused portion of the fare less Carrier’s expenses and less the commission paid to agents, and without any other liability whatsoever, the Carrier may cancel this contract and decline to carry or may disembark at any port, any Passenger who may be suffering from any contagious or infectious disease, or whose presence may, in the opinion of the Carrier or the master of the vessel, be detrimental to the comfort, enjoyment, health or safety of other passengers, the vessel or her crew; or who has, upon request of the Carrier, refused to submit to a physical or other examination under any immigration laws; or who, in the opinion of the Carrier, might be excluded from landing at destination by Immigration, Health or other governmental authority. This contract is valid only for the Passenger and sailing named above.
The Carrier may at any time without notice cancel or change the date of sailing, and the Passenger shall have no claim against the Carrier by reason of any cancellation, prevention, change or delay of sailing or in arrival for hotel or board bills, traveling expenses or other loss, delay, inconvenience or expense whatsoever.
In the event of error in the fare collected, or. if children are older than represented hereon, the difference in fare, if any, must be adjusted before embarkation.
STOPOVER AND CANCELLATION. Within a period of one year from the date hereof, the Passenger may interrupt his voyage at intermediate fixed ports of the line and take a following vessel, provided accommodations are available.
Unless definite berth and stateroom accommodations have been arranged in advance by Carrier’s agent, master or purser, at the Passenger’s expense, the Passenger on re-embarkation will accept the accommodation then at the vessel’s disposal.
Passage money and any other sums paid by the Passenger pursuant to the terms of this contract shall be considered fully earned upon the sailing of the vessel and shall not be returned in any event except as herein provided.
This contract may be cancelled by the Passenger by giving written notice to the Carrier not less than three weeks before the scheduled sailing date. In which event the Carrier will return to the Passenger 90% of the passage money paid, less agent’s commissions and other expenses incurred.
Should the Passenger object to any of the stipulations contained in this, the regular form of passage contract, the Carrier may modify the same if and so far as practicable, provided the rate of passage is increased sufficiently to indemnify the Carrier for the increased liability: but no special contract changing or adding to the terms hereof shall be binding on the Carrier unless entered into for an additional consideration with a person having actual authority on its behalf to make the same, and unless the same be signed in duplicate by the parties and approved in writing by an officer or director of the Carrier thereunto duly authorized.
BAGGACE AND PERSONAL PROPERTY. It is understood and agreed between the Passenger and the Carrier that the term "Baggage" as used herein means only such of the Passenger’s personal wearing apparel and effects and the containers thereof, taken with him on the voyage or carried on his person or retained in his possession as are necessary and appropriate for the purpose of the journey and the Passenger's station in life.
The Passenger must sec that his baggage is distinctly labeled with his name, vessel, room number and date of sailing. If he fails so to label his baggage, the Carrier shall not be liable for loss of or delay in delivery thereof.
The Carrier does not undertake to carry as baggage any merchandise, samples, furniture, household goods, tools of trade, professional apparatus and supplies, property of others than the Passenger, pictures, perishable goods, glassware, liquids, bric-a-brac, money, documents, valuables or any of the articles listed in Section 4281 of the Revised Statutes of the United States; and if any such articles are placed or kept in any receptacle or container presented or retained by the Passenger as baggage, no liability shall attach to the Carrier on account thereof as carrier or bailee or in any other capacity, either for negligence or otherwise.
Such articles may be declared and shipped as freight under the Carrier’s regular Bill of Lading except such articles as may be appropriately placed in a safe deposit box or safe on board (if such space is available) as hereinafter provided.
The Carrier will transport without additional charge baggage for each passenger to the extent of 20 cubic feet, any excess to be paid for at Carrier's regular rates.
The Passenger represents and it is hereby agreed that the total value of the property taken with him on the vessel, including his baggage and all other property carried on his person or retained in his possession or placed in a deposit box or safe on board or delivered to the Carrier for safekeeping. does not exceed $200. and the Carrier’s liability shall not exceed the said sum in the event of loss, damage or delay to any of the Passenger's said baggage and property, the fare for the voyage being in part based upon said representation and valuation.
Each Passenger may. prior to embarkment. deliver a declaration in writing specifying a higher value to the Carrier at 25 Broadway, New York. N. Y., or to the Carrier's baggage- master at the pier, or, if unable to do so. then to the Purser on board the vessel, and pay an additional amount of 1 % of the excess of value over $200 thus specified, for which a written receipt must be obtained, and in which case the Carrier's liability shall not exceed such specified value. In the event of partial loss or damage for which the Carrier may be liable the same shall be computed pro rata on the foregoing basis.
A reasonable amount of space in a deposit box or safe on board will be allowed each Passenger upon request, but in consideration of the Carrier’s furnishing such deposit box or safe without making a charge therefor to the Passenger, it is agreed that the Carrier's liability for loss or damage to the property so deposited shall not be increased by reason of a deposit being made.
In the event of declaration of excess value, as herein provided, the Carrier may require that valuables be placed in the custody of the Purser but without assumption of any responsibility on the Carrier’s part in excess of the value declared.
LIMITATION OF CARRIER’S LIABILITY. In case of death or bodily injury of the Passenger, the responsibility, if any. of the Carrier shall in no case exceed $2,500.
This limitation shall be applicable to every form of liability, whether statutory or otherwise, resulting from the death of, or bodily injury of the Passenger, and whether accruing in favor of the Passenger, his representatives, next of kin. heirs, parents or of others.
In any case where Section 42S3-B of the Revised Statutes of the United States applies, this clause or so much thereof as may be prohibited by said section, shall be null and void and of no effect. In all cases where Section 4283-B does not apply, all the provisions herein shall be in full force and effect.
NOTICE OF CLAIMS AND SUIT. The Carrier shall not be liable for any claim of. or with respect to. the Passenger, or his baggage or personal property, unless made in writing and lodged with the Carrier at 25 Broadway, New York. N. Y., U. S. A., within thirty (30) days after the Passenger leaves the vessel, or. in the event of the Passenger’s death while on board, unless made and lodged within forty-five (45) days after the Passenger’s death; provided, however, that claims for loss of life or bodily injury may be made in writing and lodged with the Carrier at the above address within six (6) months from the day when the death or injury occurred.
The failure to make and lodge claim as above provided shall bar all suits and actions thereon, no matter by whom instituted. Suits and actions to recover for loss of life or bodily injury to the Passenger shall not be maintainable unless instituted within one (1) year from the day when the death or injury occurred; suits and actions to recover for claims other than for bodily, injury or loss of life shall not be maintainable unless commenced within six (0) months from the day on which the claim accrued.
The above limitations shall be applicable although the Carrier be a nonresident or foreign corporation. These requirements cannot be waived by an agent or employee of .the Carrier ; they may be waived only by express written agreement of an officer or director of the Carrier having authority in the premises. In any case where the time fixed hereby is less than allowed by law, such time is hereby extended so as not to exceed the minimum lawful time.
1(a) The vessel shall have liberty to proceed without pilots, to tow and assist vessels, including those of the Carrier, in all situations, to put back to or into, call or stop at any port or place, in or out of the route of the usual or advertised voyage, whether customary or not. in any order, once or oftener even though doing so may involve going away from the port of destination, and for any purpose or reason whatsoever, including that of offering or rendering assistance in an effort to preserve life or property, and to deviate from the direct or customary or advertised course for any reason.
1(b) In emergencies, or if the vessel be unduly delayed or prevented by any cause from sailing or proceeding in the ordinary course or from continuing or completing her voyage, the Carrier, at its option, may either refund such proportionate part of the passage money as at the Carrier's rates will represent the value of the unperformed voyage or portion thereof, or may transship the Passenger and his baggage by another vessel or carrier to the port of destination, and upon such refund or transshipment, the Carrier shall be released from all further liability hereunder. If the Passenger is transferred to another vessel on which the regular quoted rate for the service is less than the rate for such service under this contract. the difference will be reimbursed to the Passenger by the Carrier. In addition to the foregoing, if the vessel, from any cause whatsoever, is required to or does return to a port from which she sailed, or to a port in an approximately relative geographic position, and the Carrier thereupon exercises its option to make a proportionate refund of the passage money as above provided for, the Carrier shall be entitled to deduct from the passage money, and to retain, that proportion thereof as the number of days which elapse from sailing until return bears to the scheduled number of days of the voyage.
1(c) The Carrier shall not be liable in any capacity whatsoever for loss, damage or delay to any baggage or hand-baggage until delivered to the Carrier's baggage master on the wharf or vessel and Carrier’s receipt issued. All of the terms and conditions of this contract apply to, and the responsibility of the Carrier hereunder is limited to the period while the Passenger or his baggage or property are on board the vessel, tenders owned by it or on the premises of the Carrier. Booking on connecting routes is for the convenience of the Passenger only, and no responsibility of any kind is assumed thereby by the Carrier, except to furnish the Passenger with the connecting carrier’s ticket or. in default thereof, to refund so much of the cost thereof as shall have been prepaid to the Carrier.
1(d) The Passenger will indemnify the Carrier for all penalties, fines, charges or other expenses imposed upon or incurred .by the Carrier or the vessel because of the Passenger, and in case of quarantine of the vessel involving detention of the Passenger, the Passenger will bear all risks and expenses thereby caused to him and will pay day by day for food and accommodations if supplied by the vessel during the period of detention.
- The Carrier shall not be liable for loss, death or delay of, or injury to. any Passenger, or loss of or damage or delay to his baggage, personal effects or other property, arising from the Act of God. the public enemy, governmental restraint, acts of war. riots, strikes, lockouts, labor troubles, whoever may be the instigators thereof; civil disturbances of whatever nature ; perils of the sea, harbors, fivers, or other navigable waters, collision. stranding, fire, robbers, thieves, barratry, faults or errors in navigation or management of this or of any other vessel, explosions, bursting of boilers, breakage of shafts or any defect or unseaworthiness in hull, machinery or appurtenances of the vessel or tender or any defect of the Carrier's premises, at whatever time existing; or for failure to supply medical or surgical treatment or attention, and shall not be responsible or liable for the quality, nature or consequence of medical or surgical treatment when given ; or for any loss, damage or delay arising from inherent defect, quality or vice of the Passenger’s baggage or personal effects or from the insufficiency, inadequacy or absence of baggage marks or of address or description of such baggage or effects; or for any loss or damage caused by delay in. or. prevention of sailing, prolongation of the voyage, deviation or stoppage in transit, or from any calls at ports or departures from the regular course of the voyage permitted by this contract, or from seizure of the vessel under legal process; or for any act. omission, fault or negligence of this or any other passengers; or for any cause beyond the reasonable control of the Carrier, whether or not of the kinds hereinbefore enumerated. The Carrier shall be entitled to avail itself of all exemptions or limitation of liability contained in Title 46. ch. VIII, of the Code of Laws of the U. S. A.
Nothing in this contract shall be construed as depriving the Carrier of the benefit of any statute providing for limitation of. or exoneration from, liability, nor of any liberty, right or remedy, to which it would otherwise be entitled.
Passengers will not be liable to pay. nor entitled to receive, any general average contribution in respect of property taken with them on the vessel.
(a) All limitations, exceptions and conditions herein contained as to the liability of the Carrier shall apply also to the liability, if any. of its agents, vessels, tenders, premises, employees and other representatives and also to the liability, if any. of the owners, vessels, agents, employees and other representatives of any substituted vessel.
(b) With respect to the responsibility of the Carrier, if any. arising cither before embarkation, or during the continuance of the voyage by means of any substituted vessel, or continuing after debarkation, the Carrier shall have the benefit of all limitations, exceptions and conditions herein contained.
(c) The illegality or invalidity of any paragraph, clause or provision of this contract shall not affect or invalidate any other paragraph or provision thereof.
The purchaser hereof covenants and warrants that he is duly authorized by or in behalf of all of the Passengers named herein to agree to all the stipulations, exceptions and conditions herein contained, and by accepting or using this ticket he. she or they do agree accordingly and do agree that the same shall be binding on them with full force and effect.
AMERICAN EXPORT LINES. Inc.