It is agreed by and between the Passenger and Century that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Passenger's or Guest's cruise, including travel to and from the vessel. Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Passenger or Guest, whether brought in personam or in rem, irrespective if based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or Passenger's or Guest's cruise, no matter how described, pleaded or styled, between the Passenger or Guest and Century shall be tried to the Court without a jury.
  

The Passenger acknowledges a full understanding of the character of the Vessel and of cruising in China, and assumes all risks incident to travel and transportation and handling of Passengers and cargo. The Vessel may or may not carry a ship's physician or other medical personnel at the election of Century. While at sea or in port the availability of medical care may be limited or delayed. Passenger acknowledges that all or part of their voyage may be in areas where medical care and evacuation may not be available. Passenger agrees to indemnify and reimburse Century in the event Century elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith.
  

Any travel agent or sales agent utilized by the Passenger in connection with this contract is solely the agent of the Passenger and not Century. Century is not responsible for the financial condition or integrity of any travel agent utilized by Passenger. In the event that an agent shall fail to remit to Century any monies paid to the agent by Passenger, Passenger shall be and remain liable for the fare due to Century, regardless of whether liability is asserted before or after embarkation. Any refund made by Century to an agent on behalf of Passenger shall be deemed payment to Passenger, regardless whether the monies are delivered by the agent to Passenger. Receipt of this ticket contract, any other documentation or notification pertaining to the cruise by Passenger's travel agent shall constitute receipt by Passenger.