Form FMC-133A to Subpart A of Part 540

FORM FMC-133A 

FEDERAL MARITIME COMMISSION

Guaranty in Respect of Liability for Nonperformance

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 46 CFR Part 540,

Subpart A, 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 46

CFR Part 540.2, in the event that:

(1) the passenger makes a request for refund from the Principal in accordance with the

ticket contract.

(2) In the event the passenger is unable to resolve the claim within 180 days, or such shorter

claim resolution period for which the PVO’s claims procedure provides, after

nonperformance of transportation occurs or if the claim is denied by the PVO, the passenger

may submit a claim against the Guaranty as per instructions on the Commission website.

The claim may include a copy of the boarding pass, proof and amount of payment,

cancellation notice, and dated proof of properly filed claim against the Principal. All

documentation must clearly display the vessel and voyage with scheduled and actual date of

sailing. And, Guarantor reserves the discretion to require a judgement prior to resolving the

claim.

(3) Valid claims must be paid within 90 days of submission to the Guarantor.

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 $______.

OMB No. 3072-0012

Expires 07-31-2025

FMC Form 133A

(Rev. 07/22)
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 46 CFR 540.2, 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 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,

in accordance with 46 CFR Part 540, Subpart A

______________________________________________________________________________ 

(Place and Date of Execution) 

______________________________________________________________________________ 

(Type Name of Guarantor)

______________________________________________________________________________ 

(Type Address of Guarantor) 

FMC Form 133A

(Rev. 07/22)
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. 07/22)