Form FMC-132A to Subpart A of Part 540

FORM FMC-132A 

FEDERAL MARITIME COMMISSION

Passenger Vessel Surety Bond (Performance)

Surety Co. Bond No.________________________________ 

FMC Certificate No._________________________________ 

Know all persons by these presents, that we __________ (Name of applicant), of ________ 

(City), ________ (State and country), as Principal (hereinafter called Principal), and ________ 

(Name of surety), a company created and existing under the laws of ______ (State and country) 

and authorized to do business in the United States as Surety (hereinafter called Surety) are held 

and firmly bound unto the United States of America in the penal sum of ________, for which 

payment, well and truly to be made, we bind ourselves and our heirs, executors, administrators, 

successors, and assigns, jointly and severally, firmly by these presents. Whereas the Principal 

intends to become a holder of a Certificate (Performance) pursuant to the provisions of 46 CFR 

Part 540, Subpart A, and has elected to file with the Federal Maritime Commission 

(Commission) such a bond to insure financial responsibility and the supplying transportation and 

other services subject to 46 CFR Part 540, Subpart A. 

Whereas this bond is written to assure compliance by the Principal as an authorized holder 

of a Certificate (Performance) pursuant to subpart A of part 540 of title 46, Code of Federal 

Regulations, and shall inure to the benefit of any and all passengers to whom the Principal may 

be held legally liable for any of the damages herein described. Now, therefore, the condition of 

this obligation is such that if the Principal shall pay or cause to be paid to passengers any sum or 

sums for which the Principal may be held legally liable by reason of the Principal's failure 

faithfully to provide such transportation and other accommodations and services 46 CFR 540, 

Subpart A made by the Principal and the passenger while this bond is in effect for the supplying 

of transportation and other services pursuant to and in accordance with the provisions of subpart 

A of part 540 of title 46, Code of Federal Regulations, then this obligation shall be void, 

otherwise, to remain in full force and effect. Whereas this bond is written to assure compliance 

by the Principal as an authorized holder of a Certificate (Performance) pursuant to 46 CFR Part 

540, Subpart A, and shall inure to the benefit of any and all passengers to whom the Principal 

may be held legally liable for any of the damages herein described. Now, Therefore, the 

condition of this obligation is that the penalty amount of this bond shall be available to pay 

damages made pursuant to passenger claims, if: 

(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 

OMB No. 3072-0012

Expires 07/31/2025

FMC Form 132A

(Rev. 07/2022)
transportation occurs or if the claim is denied by the PVO, the passenger may submit a claim 

against the bond as per instructions on the Commission’s 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, Surety 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 Surety.

The liability of the Surety with respect to any passenger shall not exceed the passage price 

paid by or on behalf of such passenger. The liability of the Surety shall not be discharged by any 

payment or succession of payments hereunder, unless and until such payment or payments shall 

amount in the aggregate to the penalty of the bond, but in no event shall the Surety's obligation 

hereunder exceed the amount of said penalty. The Surety agrees to furnish written notice to the 

Federal Maritime Commission forthwith of all suits filed, judgments rendered, and payments 

made by said Surety under this bond. 

This bond is effective the ______ day of ________, 20__, 12:01 a.m., standard time at the 

address of the Principal as stated herein and shall continue in force until terminated as hereinafter 

provided. The Principal or the Surety may at any time terminate this bond by written notice sent 

by certified mail, courier service, or other electronic means such as email and fax to the other 

and to the Federal Maritime Commission at its office in Washington, DC, such termination to 

become effective thirty (30) days after actual receipt of said notice by the Commission, except 

that no such termination shall become effective while a voyage is in progress. The Surety shall 

not be liable hereunder for any refunds due under ticket contracts made by the Principal for the 

supplying of transportation and other services after the termination of this bond as herein 

provided, but such termination shall not affect the liability of the Surety hereunder for refunds 

arising from ticket contracts made by the Principal for the supplying of transportation and other 

services prior to the date such termination becomes effective.

The underwriting Surety will promptly notify the Director, Bureau of Certification and 

Licensing, Federal Maritime Commission, Washington, DC 20573, of any claim(s) or 

disbursements against this bond. 

In witness whereof, the said Principal and Surety have executed this instrument on ______ 

day of ________, 20__. 

PRINCIPAL

Name_________________________________________________________________________

____________________________ 

FMC Form 132A

(Rev. 07/2022)
By __________________________________________________________________________-

______________________________ 

 (Signature and title)

 Witness_______________________________________________________________________

___________________________ 

SURETY

[SEAL]

Name_________________________________________________________________________

____________________________ 

By __________________________________________________________________________-

______________________________ 

 (Signature and title)

Witness_______________________________________________________________________

___________________________ 

Only corporations or associations of individual insurers may qualify to act as surety, and they 

must establish to the satisfaction of the Federal Maritime Commission legal authority to assume 

the obligations of surety and financial ability to discharge them. 

FMC Form 132A

(Rev. 07/2022)