FMC 133A Guaranty in Respect of Liability for Nonperformance, Sec

OMB No. 3072-0012
Expires 05/31/2020

Form FMC-133A to Subpart A of Part 540
FORM FMC-133A
FEDERAL MARITIME COMMISSION
Guaranty in Respect of Liability for Nonperformance, Section 3 of the Act
Guaranty No.__________________________
FMC Certificate No._____________________
1. Whereas ________________________ (Name of applicant) (Hereinafter referred to as the
``Applicant'') is the Owner or Charterer of the passenger Vessel(s) specified in the annexed
Schedule (``the Vessels'''), which are or may become engaged in voyages to or from United
States ports, and the Applicant desires to establish its financial responsibility in accordance with
section 3 of Pub. L. 89-777, 89th Congress, approved November 6, 1966 (``the Act'') then,
provided that the Federal Maritime Commission (``FMC'') shall have accepted, as sufficient for
that purpose, the Applicant's application, supported by this Guaranty, and provided that FMC shall
issue to the Applicant a Certificate (Performance) (``Certificate''), the undersigned Guarantor
hereby guarantees to discharge the Applicant's legal liability to indemnify the passengers of the
Vessels for nonperformance of transportation within the meaning of section 3 of the Act, in the
event that such legal liability has not been discharged by the Applicant within 21 days after any
such passenger has obtained a final judgment (after appeal, if any) against the Applicant from a
United States Federal or State Court of competent jurisdiction, or has become entitled to payment
of a specified sum by virtue of a compromise settlement agreement made with the Applicant, with
the approval of the Guarantor, whereby, upon payment of the agreed sum, the Applicant is to be
fully, irrevocably and unconditionally discharged from all further liability to such passenger for
such nonperformance.
2. The Guarantor's liability under this Guaranty in respect to any passenger shall not exceed the
amount paid by such passenger; and the aggregate amount of the Guarantor's liability under this
Guaranty shall not exceed $____________.
3. The Guarantor's liability under this Guaranty shall attach only in respect of events giving rise
to a cause of action against the Applicant, in respect of any of the Vessels, for nonperformance
of transportation within the meaning of Section 3 of the Act, occurring after the Certificate has
been granted to the Applicant, and before the expiration date of this Guaranty, which shall be the
earlier of the following dates:
(a) The date whereon the Certificate is withdrawn, or for any reason becomes invalid or ineffective;
or
(b) The date 30 days after the date of receipt by FMC of notice in writing delivered by certified
mail, courier service or other electronic means such as email and fax, that the Guarantor has
elected to terminate this Guaranty except that: (i) If, on the date which would otherwise have been
the expiration date under the foregoing provisions (a) or (b) of this Clause 3, any of the Vessels
is on a voyage whereon passengers have been embarked at a United States port, then the
expiration date of this Guaranty shall, in respect of such Vessel, be postponed to the date on
which the last passenger on such voyage shall have finally disembarked; and (ii) Such termination
shall not affect the liability of the Guarantor for refunds arising from ticket contracts made by the
FMC Form 133A
(Rev. 05/2017)

OMB No. 3072-0012
Expires 05/31/2020

Applicant for the supplying of transportation and other services prior to the date such termination
becomes effective.
4. If, during the currency of this Guaranty, the Applicant requests that a vessel owned or operated
by the Applicant, and not specified in the annexed Schedule, should become subject to this
Guaranty, and if the Guarantor accedes to such request and so notifies FMC in writing or other
electronic means such as email and fax, then, provided that within 30 days of receipt of such
notice, FMC shall have granted a Certificate, such Vessel shall thereupon be deemed to be one
of the Vessels included in the said Schedule and subject to this Guaranty.
5. The Guarantor hereby designates ___________________________, with offices at
_________________________, as the Guarantor's legal agent for service of process for the
purposes of the Rules of the Federal Maritime Commission, subpart A of part 540 of title 46, Code
of Federal Regulations, issued under Section 3 of Pub. L. 89-777 (80 Stat. 1357, 1358), entitled
``Security for the Protection of the Public.''
____________________________________________________________________________
(Place and Date of Execution)
____________________________________________________________________________
(Type Name of Guarantor)
____________________________________________________________________________
(Type Address of Guarantor)
By_________________________________________________________________________
(Signature and Title)
Schedule of Vessels Referred to in Clause 1
Vessels Added to This Schedule in Accordance With Clause 4

FMC Form 133A
(Rev. 05/2017)