Travel Agency Commission Policy

This Crystal Travel Agency Commission Policy is directed exclusively to accredited travel agencies, defined as sellers of travel, who make cruise bookings on behalf of third parties and have obtained an ARC, IATA or Seller of Travel license (each an “Agency” and collectively the “Agencies”). Crystal reserves the right to exclude specific travel agencies from this policy in the event any Agency fails to abide by any of the terms and conditions set forth within this policy.

Any Agency making a cruise booking on behalf of a guest shall be required to abide, and shall require each of its agents to abide, by the Crystal (i) Standards of Conduct (attached hereto as Exhibit A); (ii) Onboard Conduct Policy (attached hereto as Exhibit B); and (iii) Minimum Advertised Price Policy (attached hereto as Exhibit C).By offering for sale any Products (defined below), Agency agrees to all of the terms of this Travel Agency Commission Policy.

Crystal reserves the right to modify or terminate this policy at any time, without notice, provided that no modification or termination will apply to commissions that have already been earned by Agency.

Agency Commissions

Agencies will earn a minimum commission equal to ten (10) percent of commissionable cruise revenue on Crystal cruises that they book.No commission will be earned by Agencies on any discounted, reduced rate, charter or incentive or familiarization cruises. Unless otherwise set forth herein, no commission will be earned on any cancelled or no-show bookings (including bookings cancelled by Crystal as the result of a failure to meet any terms and conditions).

Commissionable cruise revenue is defined as the per person fare charged by Crystal for the cruises supplied by Crystal net of destination fees and exclusive of ancillary items such as, but not limited to, air, transfers, insurance, hotels, etc. For the purpose of this policy, value-added items and additional amenities purchased by guests, including but not limited to; discounts, shipboard credits, future cruise credits and onboard purchases, are not considered commissionable cruise revenue.

Commissions are not earned by an Agency until a booking becomes non-refundable, is subject to 100% cancellation fees and the cancellation fees are retained by Crystal.

Commission payments are processed thirty (30) days prior to departure.

Payments for Products shall be remitted to Crystal in full without deduction or set off.

Booking Transfers

If an Agency requests to transfer a booking, the initial sale of which was between Crystal and the guest, Agency shall only be entitled to a commission when the following conditions are met:

If the transfer request is made in writing by the guest within thirty (30) days of the reservation being made; or
If a guest requests that a booking be transferred to a travel agency within thirty (30) days of a reservation being made.

If a guest requests that a booking be transferred to a travel agency after thirty (30) days has passed since the reservation was made, the booking will be transferred to the new agency however, the agency will not receive commission (except if they sell ancillaries after the booking transfer is made).

If a guest transfers their booking from one Agency to a new Agency, the new Agency will receive:

full applicable Agency commission if the booking is transferred within thirty (30) days of the reservation being made.Originating Agency receives no commission.
ten percent (10%) commission if the booking is transferred more than thirty (30) days of the reservation being made. Originating agency receives no commission.

For the new Agency to receive a commission on an Agency to Agency transferred booking the transfer must be done before full payment is made and prior to final payment date.Bookings paid in full if prior to final payment date may still be transferred, however, no commission will be paid on booking.

Marketing and Brand Guidelines

No Agency shall represent itself as an authorized or preferred agent of Crystal or otherwise create a false impression of affiliation with and/or sponsorship by Crystal. All Agency marketing and promotional materials must clearly distinguish the identity of Agency versus the identity of Crystal. Each web page on Agency’s website that contains Crystal Marks (defined below) or references Crystal in any manner shall clearly and prominently indicate that Agency is the website owner and/or operator. Unless the creative in use is provided by Crystal, any marketing materials must be approved by the Crystal global marketing team in writing prior to use.

For the sole purpose of promoting and selling Crystal cruise products (collectively, the ”Products”), Crystal hereby grants to Agency a limited, revocable, non-exclusive, non-transferable license (“ Copyright License”) to reproduce and distribute Crystal’s copyright protected marketing materials, which materials are available directly from Crystal, so long as the reproduction and distribution of such materials complies with this policy, Crystal’s brand guidelines and the terms of use on Crystal’s website. The Copyright License may be revoked by Crystal at any time at its sole discretion.

For the sole purpose of selling the Products, Crystal hereby grants to Agency a limited, revocable, non-exclusive, non-transferable license (“Trademark License”) to use the Crystal Marks (as defined below), so long as the use of such trademarks complies with this policy and the terms of use on Crystal website. The Trademark License may be revoked by Crystal at any time at its sole discretion.

In the course of performing authorized activities under the Copyright License and/or the Trademark License, Agency shall not misappropriate or copy any Crystal Cruises name, design, logo, photograph, video, or any other trademark or service mark in which Crystal or its affiliates owns (the “Crystal Marks”). No Agencies shall incorporate any Crystal Mark as part of any other trademark, including that of Agency. If any Agency uses a Crystal Mark, as embodied in the copyright protected materials in which the limited Copyright License is granted, Agency shall place either the ® or SM symbol, as appropriate, adjacent to the Crystal Mark and shall state that the Crystal Marks used are “owned by Crystal Cruises Ltd. or its affiliates.”

The Copyright License and Trademark License shall automatically terminate should Agency violate any of the terms and conditions set forth herein. Upon termination of said agreement, Agency shall: (i) immediately cease using the Crystal Marks or any marks confusingly similar thereto; (ii) not use or refer to the Crystal Marks or in any way identify itself or associate itself with the Crystal Marks; (iii) not adopt, use, display, apply, advertise or register any corporate name, trade name, trademarks, trade dress, color scheme, domain name (or other address or identifier on the Internet) which is the same as, contains, or is confusingly similar to the Crystal Marks; and (iv) at Agency’s sole expense, deliver up all signs, brochures, cards, promotional, advertising and display materials bearing the Crystal Marks, or anything confusingly similar thereto, in its custody or control to Crystal.

The guidelines outlined below will apply to paid search marketing efforts by the Agency across all search engines and paid media channels:

The following list of search terms are exclusive to Crystal and includes all derivatives (i.e., unspaced words, alternate spellings, abbreviations, singular, and plural references). Please note that in a region where Crystal is not actively bidding on such terms, the Agency may request approval in writing from the Crystal global marketing team to bid on branded search terms.
1. Crystal Cruises
2. Crystal Voyages
3. Crystal Sailings
4. Crystal Society
5. Crystal Serenity
6. Crystal Symphony
All ad copy and positioning that includes the Agency name in regard to selling the Products must be approved by the Crystal global marketing team in writing before purchase or use.
Keywords using the “Abercrombie & Kent” brand name are off limits unless agreed to by the Abercrombie & Kent global marketing team in writing prior to purchase or use.

Agencies shall not directly or indirectly register, attempt to register, own, use or control any domain name, subdomain or Uniform Resource Locator (URL) containing the Crystal name, any Crystal Marks, or any marks confusingly similar thereto.

All websites featuring Crystal Marks must comply with Crystal brand guidelines and must be approved by the Crystal global marketing team in writing prior to use.

Agencies shall refrain from taking actions or making statements, written or oral, which are intended to denigrate, disparage or defame the goodwill or reputation of Crystal, its affiliates, and the Products.

General Terms

Authorized Agent.Agency is not an agent, partner or employee of Crystal for any purpose and may not bind Crystal in any way.No Agency shall represent itself as an agent of Crystal or otherwise create a false impression or affiliation with Crystal.Agencies will be identified as the Agent of Record on reservations and shall always remain the agent of the guests.

Insurance.Agency agrees to maintain comprehensive general liability insurance and professional liability insurance in amounts consistent with industry standards.

Booking Terms and Cruise Contract. All terms and conditions detailed within Crystal’s booking terms and conditions as well as its Cruise Contract apply to this Travel Agency Commission Policy including those governing deposits, payments and cancellations.

Indemnification.Agency will indemnify, defend and hold Crystal harmless from and against any losses, costs, claims, actions, liabilities, suits, damages or expenses (including reasonable attorneys’ fees) relating to or arising directly from Agency’s (i) negligence or willful misconduct; (ii) errors and omissions; (iii) breach of this Travel Agency Commission Policy; (iv) misrepresentation of the Products; and (v) and sale of any other products to its guests.Agency agrees that it will be responsible for all costs and expenses incurred by Crystal in enforcing Agency’s indemnity obligations hereunder.

Limitation of Liability.Crystal’s sole liability to Agency shall be to pay Agency earned but unpaid commissions.TRAVEL AGENCY RELEASES CRYSTAL FROM ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS TRAVEL AGENCY COMMISSION POLICY.

Compliance with Laws.Agency will comply with all applicable laws to which it is subject in respect of the conduct of its business.Crystal in no way authorizes or approves any activity which does not comply with applicable laws.In no way shall Crystal be responsible for any activity Agency engages in which violates applicable laws.Crystal does not endorse or authorize the practice of blast faxing, unsolicited faxing, unsolicited text messaging, unsolicited e-mail solicitations, bulk messaging on third party websites, or any other practice of communicating with guests and third parties in contravention of applicable legal requirements including sending outbound prerecorded telephone messages of any materials promoting Crystalor the Products, or making any outbound telephone call to any person on a do-not-call listAgency agrees that materials promoting Crystal will only be sent to individuals who have requested the promotional information, whether by fax, email, text message, on third party sites, or through some other means whether now or hereafter created, and all such communications shall be made in compliance with applicable legal requirements and industry guidelines.

This Travel Agency Commission Policy will be construed in accordance with, and governed by, the laws of the State of Florida.

Effective: January 30, 2023

EXHIBIT A

STANDARDS OF CONDUCT

THIRD PARTY STANDARDS OF CONDUCT

Crystal Cruises Ltd and the Crystal Cruises Ltd group of companies (the “Operator”) expects that all companies retained by the Operator, or those with which the Operator does business (the “Third Party”), conduct themselves in a professional and ethical manner.Any Third Party should not conduct business that is unethical in any way, nor should they influence other persons to act unethically.As a Third Party, you must comply with these Standards of Conduct (the “Standards”) and require your affiliates and any third parties you engage in connection with the services provided to the Operator to meet these Standards.

Compliance with Laws

Third Party will at all times conduct business and fulfill its obligations under any agreement in an ethical manner in compliance with all applicable laws, rules and regulations including, but not limited to, trade sanctions, customs laws, export control laws, anti-corruption laws, government contract statutes and regulations, data protection laws, environmental laws, public health and safety laws, intellectual property laws, labor laws, and laws against slavery, human trafficking, forced labor and child labor.

Labor, Employment and Modern Slavery

Third Party will comply with, and cause parties in Third Party’s supply chain to comply with applicable laws, regulations and standards related to labor and employment standards and human trafficking, including, without limitation, the UK Modern Slavery Act and all applicable local laws in the countries in which Third Party conducts business (the “Labor Laws”).

In the performance of any agreement, Third Party will not use, and will cause parties in Third Party’s supply chain not to use, forced labor, whether in the form of prison, indentured, slave, bonded, trafficked or any other form of compulsory labor.Third Party will only employ people who (a) meet the local legal minimum age for employment, (b) meet the age for completing compulsory education in the country of manufacture, or (c) are at least 18 years old, whichever is higher. Third Party will treat all workers with respect and provide work environments that are free of physical, sexual, psychological and verbal harassment and abuse, retribution for grievances, and corporal punishment.

Third Party will not subject any person to any discrimination in employment, including in hiring, salary, benefits, advancement, discipline, termination or retirement on the basis of race, religion, gender, marital status, capacity to bear children, age, disability, sexual orientation, nationality, political opinion, social or ethnic origin, or other status of the individual unrelated to the ability to perform the job.

Anti-Bribery

Third Party will at all times conduct business ethically and will avoid all forms of corruption, including extortion, bribery, embezzlement, theft, fraud, anti-competitive practices, or other abuse of power to gain an advantage.Third Party represents and warrants that: (a) it is now in compliance with, and will continue to comply with, all applicable laws and regulations, including but not limited to all applicable anti-corruption laws and regulations; and (b) it will not offer, solicit or give any payments, loans, gifts, money or anything of value, directly or indirectly, (i) to or for the use or benefit of any official or employee of any government, or the agency or instrumentalities of any government (including but not limited to employees of any state-owned enterprises or organizations), (ii) to any political party or official or candidate thereof, (iii) to any other person if Third Party knows or has reason to suspect that any part of such payment, loan, gift, money or anything of value will be directly or indirectly given or paid to any such governmental official or political party or candidate or official thereof, or (iv) to any other person or entity, the payment of which would violate the Foreign Corrupt Practices Act (“FCPA”), the United Kingdom Bribery Act (“Bribery Act”) or any other applicable anti-bribery or anti-corruption laws of other jurisdictions (“Applicable Anti-Corruption Laws”).Third Party will not, and is not authorized to, give or solicit gifts, hospitality or entertainment for any purpose on the Operator’s behalf.Facilitation payments, intended to expedite or ensure performance of routine government actions, are also prohibited regardless of whether they are permitted under local country law.

Data Protection and Privacy

Third Party agrees at all times to comply with applicable data protection laws in connection with its obligations to the Operator and its performance under any agreement with the Operator.If Third Party collects, processes or controls personal data on behalf of the Operator, it must comply with the Operator’s data protection standards, including any applicable data protection addendum or agreement.

OFAC/Export Control

Third Party represents and warrants that it is now in compliance with, and will continue to comply with, all applicable export control and trade sanctions laws and regulations, including the applicable laws and regulations of the United States of America, the European Union (“EU”), and any European Member State, including as applicable the trade sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), the Council of the EU, European Member States, and U.S. anti-boycott regulations, the export controls administered by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), the EU, and any European Member State.

Third Party represents and warrants that neither Third Party nor any of its directors, officers, key employee, agents, shareholder or persons who have a controlling interest in Third Party are (i) persons targeted by national, regional or multilateral trade or financial sanctions under applicable laws and regulations, including but not limited to persons designated on the OFAC List of Specially Designated Nationals and Other Blocked Persons.

EXHIBIT B

ONBOARD CONDUCT POLICY

Each Agency is responsible for their agents’ accompanying guests while on board any Crystal cruise. As such, accompanying guests will be subject to the same terms and conditions as the requesting Agency and is expected to conduct themselves appropriately in accordance with the terms and conditions as outlined in the Travel Partner Industry Agreement Letter attached hereto as Schedule I.

On board solicitation of Crystal’s full-fare guests by an Agency or their guest(s) is strictly forbidden and will not be tolerated. Should a complaint be made against an Agency or their guest(s), a written warning will be generated by the ship’s Hotel Director to that Agency. If this warning is ignored, the Agency will be asked to disembark the ship at the Agency’s own expense.

Agencies agents and their guests should treat all others, including, but not limited to other guests and crew members and shoreside staff with respect. Profanity should not be directed at Crystal staff and should not be spoken so as to be heard by other guests.Agencies agents and guests may not abuse any of Crystal’s employees or other guests, verbally or otherwise.Violation of this rule may result in removal from the vessel.
All service employees of Crystals vessels are under the supervision of the Hotel Director and no agent or guest shall reprimand or discipline any employee.

Agents and guests may not make any physical contact with any Crystal employees.

EXHIBIT C

MINIMUM ADVERTISED PRICE POLICY

This policy sets out Crystal Minimum Advertised Price policy for guest accommodations on board Crystal Symphony and Crystal Serenity.

Crystal, having earned more “World’s Best” awards than any other cruise line, undoubtedly has built a very strong customer following with a first-class network that actively promotes and advertises its products and services to consumers.To preserve its deep-seated brand image, Crystal has established this Minimum Advertised Price Policy (“MAP Policy”).The MAP Policy applies to accredited travel agencies in the United States who are approved to sell tickets for guest accommodations on board Crystal Symphony and Crystal Serenity (“Authorized Reseller”).

This MAP Policy is not intended as, nor is it to be construed as, an attempt by Crystal to set advertised or resale prices or an agreement between Crystal and any Authorized Reseller or other party.Each Authorized Reseller must independently choose whether to comply with the terms of this MAP Policy.This MAP Policy is not negotiable and will not be altered for any individual Authorized Reseller.This MAP Policy is strictly limited to advertised prices and does not affect the prices that Authorized Reseller may charge for cruises on board Crystal Symphony and Crystal Serenity.Any Authorized Reseller may establish its own prices for guest suites and staterooms aboard Crystal Symphony and Crystal Serenity.However, with the purpose of preserving its brand, Crystal will not sponsor any advertising or promotional materials and will not provide any coop funds for any advertising that could negatively impact Crystal’s goodwill or diminish, detract and/or damage the value of Crystal Symphony, Crystal Serenity or any cruise.

This MAP Policy applies to all advertisements for cruises aboard Crystal Symphony or Crystal Serenity by Authorized Resellers in all media, including but not limited to catalogs, magazines, flyers, brochures, television, radio ads, billboards, signage (except signs displayed within a brick-and-mortar selling location), websites, blogs, social media, affiliate marketing networks/comparison shopping engines, Authorized Reseller-initiated text messages or emails to customers or prospective customers, mobile/smart phone applications, banner ads, online product ads, paid search ads, pay-per-click ads, display ads, mobile ads, product listing ads, sponsored links, ads in any other media in a digital format that is communicated or conveyed via the Internet, and any other marketing or promotional materials, whether displayed online or through broadcast or other media (collectively “Advertisements”).

This MAP Policy defines the lowest price authorized to be advertised in order to maintain Crystal’s brand equity as Crystal’s lowest published cruise fare, or the revised savings rate that has been communicated to all Authorized Resellers.Any Advertisements that do not comply with this MAP Policy will be considered violations of this MAP Policy and without assuming any liability, Crystal may, if it so chooses, issue written notification of failure to follow the MAP Policy and take the following actions against such Authorized Resellers:

First Offense: Notification of the offense will be provided to the Authorized Reseller
Second Offense (within the preceding 12 months): Authorized Reseller will be placed on a DO NOT SELL list for a period of thirty (30) days.
Third Offense (within the preceding 12 months):Authorized Reseller will be placed on a DO NOT SELL list Products for a period of ninety (90) days.
Fourth Offense (within the preceding 12 months):Authorized Reseller will be removed as an authorized reseller.

Authorized Resellers may offer value added non-cash amenities including Crystal onboard credits to guests, provided that the total value of any such amenities does not exceed 5% of the cruise revenue (cruise revenue is defined as Crystal’s lowest published cruise fare less all applicable Crystal discounts) for the guest on any booking. Gift cards or certificates having a cash value (e.g., department store gift card, MasterCard cash card) are not permitted.

The terms of this MAP Policy are confidential and may not be disclosed to other parties.

SCHEDULE I

Travel Partner Industry Agreement Letter

Dear Valued Travel Partner:

We are delighted to offer you this chance to experience our brands firsthand. This wonderful opportunity will enhance your knowledge of the Crystal Experience and assist you in selling our award-winning brands.

As a guest of Crystal, you will be traveling at a special Travel Partner reduced rate. This is an exclusive rate offered only to travel professionals and is not available to the general public. We respectfully request that you adhere to the following conditions while traveling:

Crystal’sTravelPartnerFaresRules/Restrictions:

Please refrain from discussing your privileges with other guests aboard the ship. Discussing your travel industry privileged rate with other guests will result in the elimination of any future reduced rate travel privileges for you and the travel agency with which you are affiliated.
Upgrade Requests: We strive to assign the best available stateroom for our Travel Partners. Once berthing is completed by the corporate office, no upgrade will be granted by the ship’s staff. Any onboard upgrade requests from Travel Partner will result in the elimination of any future reduced rate travel privileges for you and the travel agency with which you are affiliated.
Reduced rate travel industry representatives are not eligible for membership in Crystal Society, and are not invited to attend onboard Crystal Society parties (except when escorting groups of six or more Crystal Society members).
Travel Partners traveling on a Travel Partner Fare are not eligible for any onboard booking savings. Travel Partners should keep in mind that the primary function of the onboard Cruise Sales Consultants is to handle the full-fare guests. Full-fare guests will be given priority assistance during the Cruise Sales Consultants’ desk hours. Should you have any questions about selling Crystal, we request that you contact your District Sales Manager following your cruise.
The Priority Check-in & Planning Center (PCPC/My Crystal Journey) will only be accessible to Travel Partners traveling at a reduced rate starting at 14 days prior to sailing. PCPC/My Crystal Journey will close seven (7) days prior to sailing.
Crystal is committed to providing the best luxury travel experience possible. It is in this spirit that we are communicating these policies, so that we may protect our guests from solicitation of any kind during their vacation. As a travel professional, please adhere to the standards that we all work so hard to maintain in the industry. Any solicitation will result in your immediate removal from the ship at your own expense. No solicitation will be allowed whether it is from a Travel Partner traveling as an escort on full-fare, or on a reduced rate. This policy also applies to client (guest) solicitation on behalf of a Travel Partner, in which case the client (guest) will be immediately removed from the ship and the Travel Partner owner will be held responsible for any expenses related to the guest’s removal from the cruise (including but not limited to transportation, lodging and travel expenses) with approval basis including, but not limited to, verification of the Travel Partner’s qualification to determine eligibility; requests are subject to space-availability and booked on a
first-request, first-reserved basis.

We appreciate your understanding and cooperation. In communicating extensively with our Travel Partners, we know that the conditions outlined in this letter are endorsed by the vast majority of the agency community.