check the extent or adequacy of the cover provided by any insurance policies.
8. Changes and cancellation by us
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in our brochure and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we promise we will only cancel your confirmed booking after balance due date where you have failed to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of “force majeure” as defined in clause 9 below. We will not cancel after this date for any other reason.
Most changes are minor. Occasionally, we have to make a “significant change”. “Significant changes” include the following changes when made before departure; a change of time of embarkation or disembarkation by more 12 hours, a change of departure point to one which is significantly more inconvenient for you or a significant change of itinerary missing out two or more ports altogether.
If we have to make a significant change or cancel, we will tell you as soon as reasonably possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note: the above options are not available where any change made is not a significant one.
If we have to make a significant change or cancel after balance due date, we will pay you reasonable compensation subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time).
No compensation is payable for minor changes or where we make a significant change or cancel prior to balance due date. A minor change is a change which, taking into account the information you give us at the time of booking or which we can reasonably be expected to know, we could not reasonably expect to have a significant effect on your confirmed holiday. Please note, a change of confirmed cabin to another within the same cabin category will be a minor change.
Very rarely, we may be forced by “force majeure” (see clause 9) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
Please Note: if your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061
www.auc.org.uk.
9. Force Majeure
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 10(2) below) as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, fire and all similar events outside our control.
10. Our Liability to you
(1) Subject to clauses 10(6) and 10(7) below we promise to make sure that the holiday arrangements we have agreed to make, perform or provide, as applicable, as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these Booking Conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday
arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
the act(s) and/or omission(s) of the person(s) affected or any Guest travelling with them or
the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
‘force majeure’ as defined in clause 9 above
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them. Please also see clause 15 “Shore excursions and brochure information”. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
(5) As set out in these Booking Conditions we limit the maximum amount we may have to pay you for any claims you may make against us.
For all claims concerning or arising out of loss of, delay and/or damage to any luggage or personal possessions (including money), the maximum amounts we will have to pay you are those set out in clause 10(7) unless the claim arises out of any air travel (including the process of getting on or off the aircraft) in which case clause 10(6) applies. For the avoidance of doubt, this means these maximum amounts will apply not only to your cruise but also where your claim arises in relation to other services such as hotels stays before or after your cruise or transfers between overseas airport, ship and/or hotel which form part of your holiday.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clauses 10(6) or 10(7) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any flight arrangements (including the process of getting on and/or off the aircraft concerned) provided by any air carrier where we have arranged the flight as part of our contract, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is limited to the most the carrier concerned would have to pay under the international convention or regulation which applies to the flight in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air). Please note: for all such claims (including those involving death or personal injury) where the carrier is not be obliged to make any payment to you under the applicable International Convention or Regulation (including where any claim is not notified or issued in accordance with the time limits stipulated in the applicable Convention or Regulation), we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the airline for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable Convention or Regulation.
(7) The provisions of the Convention Relating to the Carriage of Passengers and Their Luggage by Sea 1974 (“The Athens Convention”) apply to the cruise element of your holiday as well as the process of getting on or off the ship concerned. We are the carrier for the purposes of The Athens Convention. For any claim involving death or personal injury or delay or loss of or damage to luggage arising out of the cruise element of your holiday and/or the process of getting on or off the ship concerned the only liability we have to you is in accordance with The Athens Convention. This means you are not entitled to make any claim against us which is not expressly permitted by The Athens Convention or which is in excess of the limits provided by The Athens Convention. Any claims covered under The Athens Convention must be made within the time limits set out in The Athens Convention (see below). Any proceedings must be issued within a maximum period of 2 years from the date specified by The Athens Convention.
A brief summary of our liability under The Athens Conventions is set out below.
Personal injury or death
The Athens Convention limits the maximum amount we as the carrier have to pay if found liable in the event of death or personal injury. This limit is presently (as at 26th
March 2010) approximately £47,500 per
person unless otherwise specifically agreed in writing. Luggage
The Athens Convention also limits the maximum amount we as the carrier have to pay if found liable in the event of delay of or loss or damage to luggage and also makes provision for valuables - see below. Please note, these maximum amounts will apply not only to your cruise but also where your claim arises in relation to other services (apart from your flight) such as hotels stays before or after your cruise or transfers between overseas airport, ship and/or hotel which form part of your holiday.
Valuable or important items
All valuable and important items (for example, money, jewellery, medicines, fragile items, important travel and other documents, video/ camera/computer equipment, etc.) must be carried by hand and not packed in your luggage and/or left unsecured in your cabin or elsewhere on board the ship, on any other transport or in any other accommodation. Special care must be taken of such items. For your protection, once on board the ship or during any hotel stay, all valuable and important items must be left in your cabin or hotel room mini-safe where available or deposited with your hotel’s reception if they undertake the safekeeping of such items when they are not being personally worn or carried by you. Please, however, bear in mind that no mini-safe is totally secure and consider carefully whether you need to bring the items in question with you on holiday. If a valuable or important item is lost, damaged or stolen, we are entitled to argue where appropriate that you should not have brought the item on holiday. You are strongly advised to take out appropriate and adequate insurance to protect all valuable and important items.
Please note, we do not have the facility aboard any of our ships to accept any valuable items for safe-keeping. In accordance with The Athens Convention, we cannot therefore accept liability for the loss of or damage to any valuables you bring on holiday with you. Placing valuables in a cabin mini-safe is not depositing them with us for safe-keeping for the purposes of The Athens Convention.
Without prejudice to the above, in the event that we are found liable for loss of or damage to any valuables on any basis and at any stage during your holiday (including during any hotel stay or transport arrangements), the most we will have to pay you in respect of such loss or damage is the maximum payable under The Athens Convention for valuables deposited with us for the agreed purpose of safe-keeping. As at 26th
March 2010,
this maximum is approximately £1220 per person. Valuables deposited with any hotel for the agreed purpose of safe-keeping will subject to any liability limit applicable to such arrangement.
Luggage / personal possessions other than valuables
The maximum we will have to pay you for any damage to, loss of or delay to any luggage or personal possessions other than valuable items (see above) for which we are responsible is the maximum which is payable under The Athens Convention for such damage, loss or delay. As at 26th
unless otherwise specifically agreed in writing. Time limits
Any damage or delay, which is apparent, must be notified in writing to ourselves and the supplier of the service concerned (if it is not us) before or, at latest, at the time of departure from the ship or, for other services, whilst using or at the end of using those services. Any damage or delay which is not apparent or loss must be notified in writing to ourselves and the supplier of the service concerned (if it is not us) within 15 days of departure from the ship or the end of your using the service in question.
If you fail to comply with the above, you shall be presumed, unless the contrary is proved, to have received your luggage undamaged. The notice in writing need not be given if the condition of the luggage has at the time of its receipt been the subject of joint survey or inspection.
(8) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any losses or expenses relating to any business.
(9) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 11 below. If asked to do so, you must transfer to us or our insurers any rights you have against any supplier (if not us) or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
11. Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform us or the supplier of the service(s) in question (if not us). Any verbal notification must be put in writing and given to our Customer Relations Desk or the supplier of the service concerned as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of the end of your holiday (or for damage to or loss of luggage within the time limits specified in clause 10(7) above) giving your booking reference and full details of your complaint. Only the party leader should write to us. If you wish to issue any claim against us you must also comply with the time limits for issuing claims as set out in clauses 10(6) and 10(7). For all claims we regret we cannot accept any liability if you fail to follow the procedures set out above.
www.ncl.co.uk | Book today 0845 201 8900 127
March 2010, this maximum is approximately £848 per person
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132