BOOKING C
All travel documents must be returned to us before any refund Regulations. If, for any reason, you do not claim against the airline convention or regulation which applies to the flight in question
you may be entitled to can be processed. Where any cancellation and make a claim for compensation from us, you must, at the (for example, the Warsaw Convention as amended or
reduces your cabin occupancy from double to single or the time of payment of any compensation to you, make a complete unamended and the Montreal Convention for international travel
number of full paying Guests below the number on which the assignment to us of the rights you have against the airline in by air and/or for airlines with an operating licence granted by an
price, number of free places and/ or any concessions agreed for relation to the claim that gives rise to that compensation EU country, the EC Regulation on Air Carrier Liability No
your booking were based, we will recalculate the holiday cost of payment. If your airline does not comply with these rules you 889/2002 for national and international travel by air). Please note:
the remaining Guest(s) based on the then applicable rate and should complain to the Air Transport Users’ Council on 020 7240 for all such claims (including those involving death or personal
re-invoice you accordingly. 6061 www.auc.org.uk. injury) where the carrier is not be obliged to make any payment
ONDITIONS
We will not make any refunds in respect of any unused element
to you under the applicable International Convention or
of your holiday, including but not restricted to any cruise portion,
9. Force Majeure Regulation (including where any claim is not notified or issued in
hotel accommodation, flights or transfers. Except where otherwise expressly stated in these Booking
accordance with the time limits stipulated in the applicable
Conditions, we regret we cannot accept liability or pay any
Convention or Regulation), we are similarly not obliged to make a
7. Insurance
compensation where the performance or prompt performance of
payment to you for that claim or part of the claim. When making
Guests are required to take out adequate and appropriate holiday our obligations under our contract with you is prevented or
any payment, we are entitled to deduct any money which you
insurance to cover as a minimum all travel, cancellation, medical affected by or you otherwise suffer any damage or loss (as more
have received or are entitled to receive from the airline for the
and repatriation liabilities. fully described in clause 10(2) below) as a result of “force
complaint or claim in question. Copies of the applicable
Please read your policy details carefully and take them with you
majeure”. In these Booking Conditions, “force majeure” means
International Conventions and Regulations are available from us
on holiday. It is your responsibility to ensure that the insurance
any event which we or the supplier of the service(s) in question
on request. Please also note that strict time limits apply for
cover you purchase is suitable and adequate for your particular
could not, even with all due care, foresee or avoid. Such events
notifying loss, damage or delay of luggage to the airline. Any
needs. We do not check the extent or adequacy of the cover
may include war or threat of war, riot, civil strife, actual or
proceedings in respect of any claim (including one for personal
provided by any insurance policies.
threatened terrorist activity, industrial dispute, natural or nuclear
injury or death) must be brought within 2 years of the date
disaster, adverse weather conditions, epidemics, fire and all
stipulated in the applicable Convention or Regulation.
8. Changes and cancellation by us similar events outside our control. (7) The provisions of the Convention Relating to the Carriage
We start planning the holidays we offer many months in advance.
of Passengers and Their Luggage by Sea 1974 (“The Athens
Occasionally, we have to make changes to and correct errors in
10. Our Liability to you Convention”) apply to the cruise element of your holiday as
our brochure and other details both before and after bookings
(1) Subject to clauses 10(6) and 10(7) below we promise to make
well as the process of getting on or off the ship concerned.
have been confirmed and cancel confirmed bookings. Whilst we
sure that the holiday arrangements we have agreed to make,
We are the carrier for the purposes of The Athens Convention.
always endeavour to avoid changes and cancellations, we must
perform or provide, as applicable, as part of our contract with you
For any claim involving death or personal injury or delay or loss
reserve the right to do so. However, we promise we
are made, performed or provided with reasonable skill and care.
of or damage to luggage arising out of the cruise element of
will only cancel your confirmed booking after balance due date
This means that, subject to these Booking Conditions, we will
your holiday and/or the process of getting on or off the ship
where you have failed to comply with any requirement of these
accept responsibility if, for example, you suffer death or personal
concerned the only liability we have to you is in accordance
Booking Conditions entitling us to cancel (such as paying on
injury or your contracted holiday arrangements are not provided
with The Athens Convention. This means you are not entitled
time) or where we are forced to do so as a result of “force
as promised or prove deficient as a result of the failure of
to make any claim against us which is not expressly permitted
majeure” as defined in clause 9 below. We will not cancel after
ourselves, our employees, agents or suppliers to use reasonable
by The Athens Convention or which is in excess of the limits
this date for any other reason.
skill and care in making, performing or providing, as applicable,
provided by The Athens Convention. Any claims covered under
The Athens Convention must be made within the time limits set
Most changes are minor. Occasionally, we have to make a
your contracted holiday arrangements. Please note it is your
responsibility to show that reasonable skill and care has not been
out in The Athens Convention (see below). Any proceedings
“significant change”. “Significant changes” include the following
used if you wish to make a claim against us. In addition, we will
must be issued within a maximum period of 2 years from the
changes when made before departure; a change of time of
only be responsible for what our employees, agents and suppliers
date specified by The Athens Convention.
embarkation or disembarkation by more 12 hours, a change of
do or do not do if they were at the time acting within the course A brief summary of our liability under The Athens Conventions is
departure point to one which is significantly more inconvenient
of their employment (for employees) or carrying out work we had set out below.
for you or a significant change of itinerary missing out two or
asked them to do (for agents and suppliers).
more ports altogether. Personal injury or death
(2) We will not be responsible for any injury, illness, death, loss
If we have to make a significant change or cancel, we will tell you
(including loss of enjoyment), damage, expense, cost or other
The Athens Convention limits the maximum amount we as
as soon as reasonably possible. If there is time to do so before
sum or claim of any description whatsoever which results from
the carrier have to pay if found liable in the event of death or
departure, we will offer you the choice of the following options:-
any of the following: - the act(s) and/or omission(s) of the
personal injury. This limit is presently (as at -29th April 2009)
(a) (for significant changes) accepting the changed
person(s) affected or any Guest travelling with them or the
approximately £47,327 per person unless otherwise specifically
arrangements or
act(s) and/or omission(s) of a third party not connected with
agreed in writing.
(b) purchasing an alternative holiday from us, of a similar the provision of your holiday and which were unforeseeable or Luggage
standard to that originally booked if available (if the chosen unavoidable or ‘force majeure’ as defined in clause 9 above.
The Athens Convention also limits the maximum amount we
alternative is less expensive than your original one, we will refund
(3) Please note, we cannot accept responsibility for any services as the carrier have to pay if found liable in the event of delay
the difference but if it is more expensive, we will ask you to pay
which do not form part of our contract. This includes, for example, of or loss or damage to luggage and also makes provision for
the difference) or
any additional services or facilities which your hotel or any other valuables - see below. Please note, these maximum amounts will
(c) cancelling or accepting the cancellation in which case you will supplier agrees to provide for you where the services or facilities apply not only to your cruise but also where your claim arises in
receive a full and quick refund of all monies you have paid to us. are not advertised by us and we have not agreed to arrange them. relation to other services (apart from your flight) such as hotels
Please note: the above options are not available where any
Please also see clause 15 “Shore excursions and brochure stays before or after your cruise or transfers between overseas
change made is not a significant one.
information”. In addition, regardless of any wording used by us on airport, ship and/or hotel which form part of your holiday.
our website, in any of our brochures or elsewhere, we only promise
If we have to make a significant change or cancel after balance
to use reasonable skill and care as set out above and we do not
Valuable or important items
due date, we will pay you reasonable compensation subject to
have any greater or different liability to you.
All valuable and important items (for example, money, jewellery,
the following exceptions. Compensation will not be payable and
no liability beyond offering the above mentioned choices can be
(4) The promises we make to you about the services we have
medicines, fragile items, important travel and other documents,
accepted where we are forced to make a change or cancel as a
agreed to provide or arrange as part of our contract - and the
video/camera/computer equipment, etc.) must be carried by
result of unusual and unforeseeable circumstances beyond our
laws and regulations of the country in which your claim or
hand and not packed in your luggage and/or left unsecured in
control, the consequences of which we could not have avoided
complaint occurred - will be used as the basis for deciding
your cabin or elsewhere on board the ship, on any other
even with all due care. No compensation will be payable and the
whether the services in question had been properly provided.
transport or in any other accommodation. Special care must be
above options will not be available if we cancel as a result of your
If the particular services which gave rise to the claim or
taken of such items. For your protection, once on board the ship
failure to comply with any requirement of these Booking
complaint complied with local laws and regulations applicable to
or during any hotel stay, all valuable and important items must
Conditions entitling us to cancel (such as paying on time).
those services at the time, the services will be treated as having
be left in your cabin or hotel room mini-safe where available or
been properly provided. The exception to this is where the claim
deposited with your hotel’s reception if they undertake the
No compensation is payable for minor changes or where we
or complaint concerns the absence of a safety feature which
safekeeping of such items when they are not being personally
make a significant change or cancel prior to balance due date.
might lead a reasonable holiday maker to refuse to take the
worn or carried by you. Please, however, bear in mind that no
A minor change is a change which, taking into account the
holiday in question.
mini-safe is totally secure and consider carefully whether you
information you give us at the time of booking or which we need to bring the items in question with you on holiday. If a
(5) As set out in these Booking Conditions we limit the maximum
can reasonably be expected to know, we could not reasonably valuable or important item is lost, damaged or stolen, we are
amount we may have to pay you for any claims
expect to have a significant effect on your confirmed holiday. entitled to argue where appropriate that you should not have
you may make against us.
Very rarely, we may be forced by “force majeure” (see clause 9)
brought the item on holiday. You are strongly advised to take
For all claims concerning or arising out of loss of, delay and/or
to change or terminate your holiday after departure but before
out appropriate and adequate insurance to protect all valuable
damage to any luggage or personal possessions (including
the scheduled end of your time away. This is extremely unlikely
and important items.
money), the maximum amounts we will have to pay you are
but if this situation does occur, we regret we will be unable to Please note, we do not have the facility aboard any of our
those set out in clause 10(7) unless the claim arises out of any
make any refunds (unless we obtain any refunds from our
ships to accept any valuable items for safe-keeping. In
air travel (including the process of getting on or off the aircraft)
suppliers), pay you any compensation or meet any costs or
accordance with The Athens Convention, we cannot therefore
in which case clause 10(6) applies. For the avoidance of doubt, this
expenses you incur as a result.
accept liability for the loss of or damage to any valuables
means these maximum amounts will apply not only to your cruise
Please Note: if your flight is cancelled or delayed, your flight
you bring on holiday with you. Placing valuables in a cabin
but also where your claim arises in relation to other services such
ticket is downgraded or boarding is denied by your airline in
mini-safe is not depositing them with us for safe-keeping
as hotels stays before or after your cruise or transfers between
circumstances which would entitle you to claim compensation
for the purposes of The Athens Convention.
overseas airport, ship and/or hotel which
or any other payment from the airline under EC Regulation No form part of your holiday.
In the event that we are found liable for loss of or damage to
261/2004 - the Denied Boarding Regulations 2004, you must
any valuables on any basis and at any stage during your holiday
For all other claims which do not involve death or personal injury,
pursue the airline for the compensation or other payment due
(including during any hotel stay or transport arrangements),
if we are found liable to you on any basis the maximum amount
to you. All sums you receive or are entitled to receive from the
the most we will have to pay you in respect of such loss or
we will have to pay you is twice the price (excluding insurance
airline concerned by virtue of these Regulations represent the
damage is the maximum payable under The Athens Convention
premiums and amendment charges) paid by or on behalf of the
full amount of your entitlement to compensation or any other
for valuables deposited with us for the agreed purpose of
person(s) affected in total unless a lower limitation applies to your
payment arising from such cancellation, delay, downgrading or
safe-keeping. As at 29th April 2009, this maximum is
claim under clauses 10(6) or 10(7) below. This maximum amount
denied boarding. This includes any disappointment, distress,
approximately £1217 per person. Valuables deposited with
will only be payable where everything has gone wrong and you
inconvenience or effect on any other arrangements. The fact
any hotel for the agreed purpose of safe-keeping will subject
have not received any benefit at all from your holiday.
a delay may entitle you to cancel your flight does not
to any liability limit applicable to such arrangement.
(6) Where any claim or part of a claim (including those involving
automatically entitle you to cancel any other arrangements even
death or personal injury) concerns or is based on any flight
Luggage / personal possessions other than valuables
where those arrangements have been made in conjunction with
arrangements (including the process of getting on and/or off the The maximum we will have to pay you for any damage to, loss
your flight. We have no liability to make any payment to you in
aircraft concerned) provided by any air carrier where we have of or delay to any luggage or personal possessions other than
relation to the Denied Boarding Regulations or in respect of any
arranged the flight as part of our contract, the maximum amount valuable items (see above) for which we are responsible is the
flight cancellation or delay, downgrading of any flight ticket or
of compensation we will have to pay you will be limited. The most maximum which is payable under The Athens Convention for
denial of any boarding as the full amount of your entitlement to
we will have to pay you for that claim or that part of a claim if we such damage, loss or delay. As at 29th April 2009-, this
any compensation or other payment (as dealt with above) is
are found liable to you on any basis is limited to the most the maximum is approximately £844 per person- unless otherwise
covered by the airline’s obligations under the Denied Boarding
carrier concerned would have to pay under the international specifically agreed in writing.
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