the Package it will inform the Passenger or his travel agent as expense, Ocean Village shall have the right to recover the 56. Carriage of Passengers and their luggage by sea, well as all insurers of both Ocean Village and its Suppliers
soon as reasonably possible. The Passenger will have the cost of this. including the Cruise, is governed by the Athens Convention shall have the benefit of the same rights, defences,
choice of either accepting the alteration, accepting an offer of 47. If any Passenger is denied the right to board an aircraft 1974 (whether as subsequently amended or otherwise “the immunities and limitations available to Ocean Village under
an alternative Package of comparable standard if available because, in the reasonable opinion of the Captain, the Athens Convention”). A copy is available on request. The these Conditions.
(Ocean Village will refund any price difference if the alternative Passenger is unfit to travel or represents a threat to the safety Athens Convention is expressly incorporated into these
is of a lower value) or cancelling the Package and receiving a of the aircraft or its passengers or crew or is abusive or Conditions and any liability of Ocean Village for death or Actions, claims and time limits
full refund of all monies paid. The Passenger recognises and disruptive, Ocean Village will not be liable to complete the personal injury or for loss of or damage to luggage arising out 66. Any action by a Passenger arising out of carriage by air or
agrees that it will not normally be possible for Ocean Village to Passenger's holiday arrangements and will not be liable to of carriage by sea shall be solely brought in accordance with sea must be commenced within the time limit prescribed by
offer an appropriate substitute Package which is available at pay any refunds or compensation. If an aircraft is forced to the Athens Convention and solely determined in accordance the Warsaw Convention, the Montreal Convention or the
about the same time as and/or with a similar itinerary to that make an unscheduled landing as a result of the conduct of with the Athens Convention. In most cases, the Athens Athens Convention, as applicable.
originally booked, but Ocean Village will do its best to provide any Passenger, Ocean Village shall have the right to recover Convention limits the carrier’s liability for death or personal 67. If a court or tribunal applies any law other than English
a suitable alternative Package of similar duration and value. the full cost thereof from the Passenger. injury or loss of or damage to luggage and makes special law, Ocean Village shall (in respect of all exclusions and
The Passenger must notify Ocean Village of his decision as 48. For security reasons, it may be necessary at any time to provision for valuables. It presumes that luggage has been limitations of liability) be entitled to the maximum protection
soon as reasonably possible and in any event not later than search Passengers and/or their luggage and goods and the delivered undamaged to the Passenger unless written notice allowed by that law including statutory protection of limitation
14 days of being informed of the significant alteration. Passenger agrees to allow such search upon being so is given to Ocean Village (as carrier): as to the amount of damages recoverable.
41. If the Passenger cancels the Package in the requested by the Master or any other authorised person. a. in the case of apparent damage, before or at the time of 68. Some disputes involving claims to a limited amount may, if
circumstances set out in clause 40 or if Ocean Village cancels 49. The Passenger must not bring on board the ship any disembarkation or redelivery; the Passenger so wishes, be referred to arbitration under
the Package, the Passenger shall also be entitled to goods or articles of an inflammable or dangerous nature, nor b. in the case of damage which is not apparent or of loss, schemes devised by the Chartered Institute of Arbitrators for
compensation as follows (except if the change or cancellation any controlled or prohibited substance, nor any animals. To within 15 days from the date of disembarkation or redelivery the Passenger Shipping Association and ABTA. An
is due to force majeure, non-payment by the Passenger or do so shall be a breach of these Conditions and shall render or from the time when such redelivery should have taken application for arbitration must be made within nine months of
where the minimum number of Passengers required for a the Passenger strictly liable to Ocean Village for any injury, place. disembarkation from the ship. In addition, the Passenger
Package to proceed is not reached). loss, damage or expense and the Passenger shall 57. Any damages payable by Ocean Village up to the Athens Shipping Association offers a low cost conciliation procedure
Period of notification Compensation per
compensate Ocean Village in full for any loss, damage or Convention limits shall be reduced in proportion to any where a non-binding review of correspondence is undertaken
given by Ocean Village full fare paying passenger
expense suffered by Ocean Village as a result of such breach. contributory negligence by the Passenger and by the by an independent conciliator. Details of these schemes are
The Passenger may also be personally liable to statutory maximum deductible specified in Article 8 (4) of the Athens available on request.
56 to 43 days 5% holiday credit
penalties. The Master (or any other officer delegated for the Convention.
42 to 29 days 10% holiday credit purpose) shall be entitled at all times to enter and search the 58. Insofar as Ocean Village may be liable to a Passenger in Consumer protection
28 to 15 days 15% holiday credit
cabin and personal luggage (whether or not in the cabin) of respect of claims arising out of carriage by air or carriage by
69. When a Passenger buys an ATOL protected fly cruise
14 to 0 days 20% holiday credit
any Passenger whom the Master reasonably believes may be sea, Ocean Village shall be entitled to all the rights, defences,
from Ocean Village in the UK they will receive a Confirmation
in breach of this clause. Where the Passenger is found to be immunities and limitations available, respectively, to the actual
Invoice from Ocean Village (or via the authorised agent
42. The value of any cruise credit will be calculated by
in breach of this clause, Ocean Village and/or the Master of air carrier (including his own terms and conditions of carriage)
through which they booked) confirming the Passenger’s
reference to the price actually paid for the cancelled Package
the ship shall be entitled to exercise any of the powers and under the Athens Convention, and nothing in these
arrangements and protection under Ocean Village’s Air Travel
and may only be used for other bookings with Ocean Village.
conferred by clause 45 and clause 46 shall apply. Conditions shall be deemed a surrender thereof. To the extent
Organiser’s Licence number 6294. In the unlikely event of
Any such new booking must be in respect of a holiday that
50. Any crew member or other person authorised by Ocean that any provision in these Conditions is made null and void
Ocean Village’s insolvency, the CAA will ensure that
departs on or before 21 October 2010. Credit vouchers may
Village shall be entitled to enter a Passenger’s cabin to carry by the Warsaw Convention, the Montreal Convention or the
Passengers booked on fly cruises are not stranded abroad
be redeemed against the price of the new Package net of any
out necessary inspection, maintenance or repair work or for Athens Convention or any legislation compulsorily applicable
and will arrange to refund any money the Passenger has paid
discount available to the Passenger at the time of booking.
any purpose associated therewith. or is otherwise unenforceable, it shall be void to that extent
to Ocean Village for an advance booking. For further
The compensation set out above does not exclude the
but no further.
information, visit the ATOL website at www.atol.org.uk.
Passenger from claiming more if he/she is entitled to do so or
Complaints 59. Insofar as the Cruise may be performed on a ship not
70. Not all Packages offered and sold by Ocean Village will be
from requesting that compensation be provided in a different
51. Any problem which arises during a holiday must be raised owned by Ocean Village, it is agreed that Ocean Village shall protected by the ATOL scheme. All non-fly cruises sold by
form. No consequential costs or expenses or loss of profits
by the Passenger at the time with a representative of Ocean at all times nevertheless be deemed a ship owner for the Ocean Village in the UK are protected under the ABTA
will be payable.
Village. If the problem is not resolved to the full satisfaction of purposes of the Convention on Limitation of Liability for scheme of financial protection. In the unlikely event of Ocean
the Passenger during the holiday, it is essential that to enable Maritime Claims 1976, whether as amended by the Protocol Village’s insolvency, ABTA will ensure that Passengers booked
Alteration and cancellation by the complaint to be investigated properly it must be notified in
of 1996 or otherwise and as in force in any relevant
on non-fly cruises are not stranded abroad and will arrange to
Ocean Village after departure
writing to Ocean Village at the earliest opportunity thereafter jurisdiction from time to time, and so entitled to limit liability refund any money paid to Ocean Village for an advance
and in any event no later than 28 days after the Passenger’s thereunder. booking. Cruises sold overseas may be covered by consumer
43. After departure, Ocean Village does not guarantee that
return from the Package. Failure to report the complaint within 60. Except for claims arising out of carriage by air (as protection schemes in place in the country of sale or by the
the ship will call at every port on the itinerary or follow every
this time may adversely affect Ocean Village’s ability to provided by clause 55), any liability in respect of death and protection scheme operated by ABTA, and Passengers
part of the advertised route or schedule or that every part of
investigate and deal with it and may prejudice any future personal injury and loss of and damage to luggage which should contact Ocean Village for confirmation of what
the Package will be provided. Ocean Village reserves the
claim. Ocean Village may incur to the Passenger during sea protection may apply to their booking.
absolute right to decide whether or not to omit any such
carriage, whether under the Contract in accordance with
port(s) and/or to call at additional ports and/or to change the
Liability these Conditions or otherwise, shall always be subject to the Data protection
advertised route, schedule or Package. If Ocean Village is
52. Subject to paragraphs 52 to 56 Ocean Village accepts
limits of liability contained in the Athens Convention.
unable to provide a significant proportion of the Package, it
71. In clauses 71 to 73, “you” means the Passenger. In order
responsibility for death, injury or illness caused by the
61. In respect of any claims for loss of or damage to property
will make suitable alternative arrangements, at no extra cost
to process your booking and to ensure that your travel
negligent acts and/or omissions of its Suppliers in respect of
including luggage which are not covered by international
to the Passenger, for the continuation of the Package. If the
arrangements run smoothly and meet your requirements,
the Package, but excluding the Cruise. Ocean Village limits
conventions including the Athens Convention and/or the
Passenger does not accept them, for good reasons, or, if it is
Ocean Village needs to use the personal information you
its liability, where applicable, by the conventions referred to in
Montreal Convention and where liability is not limited by
impossible to make suitable alternative arrangements Ocean
provide such as name, address, any special needs, health,
clauses 55 to 60 inclusive. In any event, Ocean Village is not
reference to any enactment, terms or conditions then any
Village will, where appropriate, provide the Passenger with
medical, mobility or dietary requirements, etc. Ocean Village
responsible for any improper or non-performance of any
legal liability that Ocean Village may have for any such losses
transport back to the place of departure or to another place
may pass personal information on to other relevant suppliers
services forming part of the Package which are wholly
will be limited to £500.00 per Passenger. Ocean Village shall
to which Ocean Village and the Passenger have agreed. In
of your travel arrangements such as travel agents, airlines,
attributable to the fault of the Passenger; the unforeseeable or
not be liable for lost valuables including jewellery and/or
both cases Ocean Village will, where appropriate,
hotels, and transport companies. Your personal information
unavoidable act or omission of a third party unconnected with
monies under any circumstances. Passengers must ensure
compensate the Passenger. Please note that compensation
may also be provided to security and/or credit checking
the provision of any services to be provided under the
that their personal possessions and valuables are with them
will not be payable if an alteration is minor or if Ocean Village
companies, credit and debit card companies, government
Contract; unusual and unforeseeable circumstances beyond
at all times.
is not able to provide a significant proportion of the Package
and enforcement agencies, public authorities such as
the control of Ocean Village and/or the relevant Supplier the
62. Hotels and shuttle services included in the Package are
due to force majeure.
customs and immigration if required by them, or as required
consequences of which could not have been avoided even if
arranged by Ocean Village with local Suppliers who may
44. Transit or part transit of straits, other sea areas controlled
by law. This may involve sending your personal information
all due care had been exercised, including (but not limited to)
themselves engage the services of local operators. Standards
by vessel traffic schemes, canals, rivers and all other
between different countries, including countries outside the
an event of force majeure; or any event which Ocean Village
of hygiene, accommodation and transport in many countries
navigable waterways may be subject to delay due to
European Economic Area (EEA) where controls on data
and/or the relevant Supplier could not even with all due care
where excursions take place are often lower than comparable
operational circumstances and/or the requirements of the
protection may not be as strong as the legal requirements in
have foreseen or forestalled.
standards in the UK. Ocean Village will at all times endeavour
local authorities and Ocean Village shall have no liability
this country. This may also apply to any sensitive information
53. For claims not involving personal injury, death or illness or
to appoint reputable and competent local Suppliers. The
whatsoever in respect of any such delay.
that you give to us such as details of any disabilities or
which are not subject to the conventions referred to in
terms and conditions of the hotels and shuttle services will be
dietary/religious requirements. If Ocean Village cannot pass
Security, safety and support
clauses 55 to 60 inclusive, Ocean Village's liability for
applicable and are expressly incorporated into the Contract.
your personal information on to the relevant suppliers,
improper performance of the Contract shall be limited to a
These may limit or exclude liability of the hotelier or the shuttle
whether in the EEA or not, Ocean Village cannot properly
45. Passengers are expected at all times to conduct
maximum of twice the price which the Passenger affected
services operators. The liability of Ocean Village will not
affect your booking. For the safety and security of the ship
themselves in a proper manner and with due regard to the
paid for the Package (not including insurance premiums and
exceed that of any hotelier and/or shuttle services operator.
and its Passengers, Ocean Village may operate closed circuit
health, safety, comfort, enjoyment and general well-being of
amendment charges) and Ocean Village shall have no liability
Local laws and regulations of the relevant country will be
television (CCTV) in certain areas on board the ship during
all persons both on board the ship and involved in the
for any loss of business or profits, loss of use or any other
relevant in assessing performance of the Package services. In
your Cruise. Please be aware, however, that Ocean Village
provision of any service or facility forming part of the Package
consequential or indirect loss or damage.
the event of a complaint by a Passenger, the Contract will be
does not undertake to operate all cameras or monitor or
or any shore excursion, and the Passenger expressly agrees
54. All carriage (by land, air and sea) is subject to the terms
regarded as having been performed if local laws and
record CCTV images at all times.
to this. If it appears that a Passenger’s conduct, behaviour or
and conditions of carriage of the actual carrier. These may
regulations relating to those services have been satisfied even
72. The personal information you provide to Ocean Village, or
health is such as to be a breach of this requirement or the
limit or exclude liability. They are expressly incorporated into
if the laws of England and Wales have not been met. Ocean
which is obtained through your dealings with Ocean Village or
Passenger's behaviour, health or conduct is likely to endanger
the Contract. Copies of these terms and conditions are
Village is not responsible for any improper or non-performance
other Carnival group cruise brands, will also be used by
the Passenger’s own health or safety or that of any other
available on request from Ocean Village. Ocean Village will
of such services which are wholly attributable to the fault of the
Carnival plc and Carnival Corporation group companies or by
Passenger or crew or may make the Passenger likely to be
ensure that the Passenger is informed of the identity of the air
Passenger; the unforeseeable or unavoidable act or omission
processors on their behalf: to review your dealings with
refused permission to go ashore at any port or may make
carrier once it has been finalised and details of likely carriers
of a third party unconnected with the provision of the services
Carnival plc and Carnival Corporation brands including your
Ocean Village liable for the costs of any medical treatment
are contained in the brochure. Ocean Village does not use
to be provided; unusual and unforeseeable circumstances
purchasing and entertainment preferences; to review, develop
and/or maintenance and support and/or repatriation, then
any carrier on the EU banned carrier list, available via our
beyond the control of Ocean Village and/or the relevant
and improve the cruises and services Carnival offers; for
Ocean Village and/or the Master shall have the right
website. The liability of Ocean Village will not exceed that of
Supplier the consequences of which could not have been
market research purposes and for statistical analysis. This
according to the particular circumstances to take any one or
any carrier.
avoided even if all due care had been exercised, including (but
may involve transferring your personal information to Carnival
more of the following measures as may appear to be
55. Carriage of Passengers and their luggage by air is
not limited to) an event of force majeure; or any event which
Corporation group companies in the US.
reasonable and appropriate –
governed by various international conventions (hereinafter
Ocean Village and/or the relevant Supplier could not even with
73. Ocean Village is a Carnival plc brand. Carnival plc and
refuse to embark or to disembark the Passenger at any
“the international air conventions”), including the Warsaw
all due care have foreseen or forestalled.
Carnival Corporation group companies (including those in the
particular port or other place of call;
Convention 1929 (whether as amended by the Hague
63. Ocean Village does not include any shore excursions in
US) may wish to contact you by post, email and/or telephone
disembark the Passenger;
Protocol 1955 or the Montreal Protocol 1999 or otherwise) or
the price. Shore excursions do not form any part of a
with news, information and offers from Ocean Village and
transfer the Passenger to another berth;
the Montreal Convention 1999. Flights between the UK and
Package. Shore excursions may be reserved after a Package
other Carnival group cruise brands (such as P&O Cruises,
confine the Passenger to a particular cabin or to the ship’s
any member state of the European Union are currently
has been booked from a separate shore excursions brochure
Cunard Line, Princess Cruises, Seabourn Cruise Line,
medical centre;
governed by EC Regulation 889/2002 which gives legal effect
or online. Reservations may be made for a specified period
Holland America Line, Carnival Cruise Lines and Costa
through the ship’s doctor and/or his staff, administer any
to the Montreal Convention 1999. To the extent that Ocean
prior to the Cruise commencing. Purchases may also be
Cruises). If you have booked and you would like to alter your
drug, medicine or other substance of a similar nature, or
Village may be liable as a non-performing air carrier to
made onboard the ship.
marketing preferences you can now do so via the Cruise
admit and/or confine the Passenger to a hospital or any
Passengers in respect of carriage by air, the terms of the
64. Any shore excursions booked will be supplied by local
Personaliser system on the Ocean Village website.
similar institution at any port as the ship’s doctor may
international air conventions (including any subsequent
operators. Ocean Village will at all times endeavour to
Alternatively, you can write to us at Customer Data
consider necessary;
amendments and any new convention which may be
appoint reputable and competent local operators who apply
Department, Ocean Village, Carnival House, 100 Harbour
repatriate the Passenger to the United Kingdom.
applicable to a Contract for a fly cruise between Ocean
the local laws and regulations of the relevant country. Shore
Parade, Southampton, SO15 1ST. If you wish to obtain a
46. In the event of Ocean Village and/or the Master acting in
Village and a Passenger) are expressly incorporated into
excursion operators are not Ocean Village’s servants, agents
copy of the personal information held about you, please write
accordance with clause 45 above, neither the Passenger nor
these Conditions. The international air conventions may
or suppliers. Ocean Village is not responsible for any acts or
to the above address. Carnival plc may make a charge for
(at the sole discretion of Ocean Village) any other person
permit the carrier to limit its liability for death and personal
omissions which are wholly attributable to the fault of the local
supplying this information as permitted by law.
travelling with the Passenger (whether or not under the same
injury, loss of and damage to luggage and delay. Insofar as
operators. Ocean Village does not operate, perform or
booking) shall be entitled to make a claim against Ocean
Ocean Village may have any liability to the Passenger in
otherwise organise and/or audit any shore excursions. All
Village for any loss or expense incurred as a result of such
respect of carriage by air, it shall be determined accordingly.
Passengers must ensure that they are fit and healthy to
action, whether for a full or partial refund of the price or for
Copies of these conventions are available from Ocean Village
undertake shore excursions. All shore excursions are
any other form of compensation or for the cost of returning to
on request.
governed by the terms and conditions in the shore excursions
the United Kingdom or to any other place or for any other brochure.
form of loss or expense whatsoever. Where the Passenger is 65. All employees, agents, contractors and their sub-
repatriated pursuant to this clause at Ocean Village’s contractors (including Suppliers as defined in clause 1), as
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