ALTERATION AND CANCELLATION BY P&O CRUISES PRIOR TO DEPARTURE 40. Whilst P&O Cruises will do its best not to cancel or to make any signifi cant alteration after a booking has been made, it shall nevertheless be entitled at any time prior to departure to cancel the Contract or to change and/or curtail the Package where this reasonably becomes necessary on operational, commercial or other grounds. P&O Cruises will inform the Passenger of any such cancellation or change of Package as quickly as possible (with, where appropriate, written confi rmation as soon as reasonably possible thereafter). If P&O Cruises makes a signifi cant alteration to the Package it will inform the Passenger or his travel agent as soon as reasonably possible. The Passenger will have the choice of either accepting the alteration, accepting an offer of an alternative Package of comparable standard if available (P&O Cruises will refund any price difference if the alternative is of a lower value) or cancelling the Package and receiving a full refund of all monies paid. The Passenger recognises and agrees that it will not normally be possible for P&O Cruises to offer an appropriate substitute Package which is available at about the same time as and/or with a similar itinerary to that originally booked, but P&O Cruises will do its best to provide a suitable alternative Package of similar duration and value. The Passenger must notify P&O Cruises of his decision as soon as reasonably possible and in any event not later than 14 days of being informed of the signifi cant alteration. 41. If the Passenger cancels the Package in the circumstances set out in clause 40 or if P&O Cruises cancels the Package, the Passenger shall also be entitled to compensation as follows (except if the change or cancellation is due to force majeure, non-payment by the Passenger or where the minimum number of Passengers required for a Package to proceed is not reached).
Period of notifi cation given by P&O Cruises 90 to 43 days 42 to 29 days 28 to 15 days 14 to 0 days
Compensation per full fare paying passenger 5% cruise credit 10% cruise credit 15% cruise credit 20% cruise credit
42. The value of any cruise credit will be calculated by reference to the price actually paid for the cancelled Package and may only be used for other bookings with P&O Cruises. Any such new booking must be made by no later than 31 December of the year after the date of the original Package. Credit vouchers may be redeemed against the price of the new Package net of any discount available to the Passenger at the time of booking. The compensation set out above does not exclude the Passenger from claiming more if he/ she is entitled to do so or from requesting that compensation be provided in a different form. No consequential costs or expenses or loss of profi ts will be payable.
ALTERATION AND CANCELLATION BY P&O CRUISES AFTER DEPARTURE 43. After departure, P&O Cruises does not guarantee that the ship will call at every port on the itinerary or follow every part of the advertised route or schedule or that every part of the Package will be provided. P&O Cruises reserves the absolute right to decide whether or not to omit any such port(s) and/or to call at additional ports and/or to change the advertised route, schedule or Package. If P&O Cruises is unable to provide a signifi cant proportion of the Package, it will make suitable alternative arrangements, at no extra cost to the Passenger, for the continuation of the Package. If the Passenger does not accept them, for good reasons, or, if it is impossible to make suitable alternative arrangements P&O Cruises will, where appropriate, provide the Passenger with transport back to the place of departure or to another place to which P&O Cruises and the Passenger have agreed. In both cases P&O Cruises will, where appropriate, compensate the Passenger. Please note that compensation will not be payable if an alteration is minor or if P&O Cruises is not able to provide a signifi cant proportion of the Package due to force majeure.
44. Transit or part transit of straits, other sea areas controlled by vessel traffi c schemes, canals, rivers and all other navigable waterways may be subject to delay due to operational circumstances and/or the requirements of the local authorities and P&O Cruises shall have no liability whatsoever in respect of any such delay.
SECURITY, SAFETY AND SUPPORT 45. Passengers are expected at all times to conduct
themselves in a proper manner and with due regard to the health, safety, comfort, enjoyment and general well-being of all persons both on board the ship and involved in the provision of any service or facility forming part of the Package or any shore excursion, and the Passenger expressly agrees to this. If it appears that a Passenger’s conduct, behaviour or health is such as to be a breach of this requirement or the Passenger’s behaviour, health or conduct is likely to endanger the Passenger’s own health or safety or that of any other Passenger or crew or may make the Passenger likely to be refused permission to go ashore at any port or may make P&O Cruises liable for the costs of any medical treatment and/or maintenance and support and/or repatriation, then P&O Cruises and/or the Master shall have the right according to the particular circumstances to take any one or more of the following measures as may appear to be reasonable and appropriate – • refuse to embark or to disembark the Passenger at any particular port or other place of call;
• disembark the Passenger; • transfer the Passenger to another berth; • confi ne the Passenger to a particular stateroom or to the ship’s medical centre;
• through the ship’s doctor and/or his staff, administer any drug, medicine or other substance of a similar nature, or admit and/or confi ne the Passenger to a hospital or any similar institution at any port as the ship’s doctor may consider necessary.
46. In the event of P&O Cruises and/or the Master acting in accordance with clause 45 above, neither the Passenger nor (at the sole discretion of P&O Cruises) any other person travelling with the Passenger (whether or not under the same booking) shall be entitled to make a claim against P&O Cruises for any loss or expense incurred as a result of such action, whether for a full or partial refund of the price or for any other form of compensation or for the cost of returning to the United Kingdom or to any other place or for any other form of loss or expense whatsoever. Where the Passenger is repatriated pursuant to this clause at P&O Cruises’ expense, P&O Cruises shall have the right to recover the cost of this. 47. If any Passenger is denied the right to board an aircraft because, in the reasonable opinion of the Captain, the Passenger is unfi t to travel or represents a threat to the safety of the aircraft or its passengers or crew or is abusive or disruptive, P&O Cruises will not be liable to complete the Passenger’s holiday arrangements and will not be liable to pay any refunds or compensation. If an aircraft is forced to make an unscheduled landing as a result of the conduct of any Passenger, P&O Cruises shall have the right to recover the full cost thereof from the Passenger. 48. For security reasons, it may be necessary at any time to search Passengers and/or their luggage and goods and the Passenger agrees to allow such search upon being so requested by the Master or any other authorised person. 49. The Passenger must not bring on board the ship any goods or articles of an infl ammable or dangerous nature, nor any controlled or prohibited substance, nor any animals. To do so shall be a breach of these Conditions and shall render the Passenger strictly liable to P&O Cruises for any injury, loss, damage or expense and the Passenger shall compensate P&O Cruises in full for any loss, damage or expense suffered by P&O Cruises as a result of such breach. The Passenger may also be personally liable to statutory penalties. The Master (or any other offi cer delegated for the purpose) shall be entitled at all times to enter and search the stateroom and personal luggage (whether or not in the stateroom) of any Passenger whom the Master reasonably believes may be in breach of this clause. Where the Passenger is found to be in breach of this clause, P&O Cruises and/or the Master of the ship shall be entitled to exercise any of the powers conferred by clause 45 and clause 46 shall apply. 50. Any crew member or other person authorised by P&O Cruises shall be entitled to enter a Passenger’s stateroom to carry out necessary inspection, maintenance or repair work or for any purpose associated therewith.
COMPLAINTS 51. Any problem which arises during a holiday must be raised by the Passenger at the time with a representative of P&O Cruises. If the problem is not resolved to the full satisfaction of the Passenger during the holiday, it is essential that to enable the complaint to be investigated properly it must be notifi ed in writing to P&O Cruises at the earliest opportunity thereafter and in any event no later than 28
days after the Passenger’s return from the Package. Failure to report the complaint within this time may adversely affect P&O Cruises’ ability to investigate and deal with it and may prejudice any future claim.
LIABILITY 52. Subject to paragraphs 52 to 56 P&O Cruises accepts responsibility for death, injury or illness caused by the negligent acts and/or omissions of its Suppliers in respect of the Package, but excluding the Cruise. P&O Cruises limits its liability, where applicable, by the conventions referred to in clauses 55 to 60 inclusive.
In any event, P&O Cruises
is not responsible for any improper or non-performance of any services forming part of the Package which are wholly attributable to the fault of the Passenger; the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; unusual and unforeseeable circumstances beyond the control of P&O Cruises and/or the relevant Supplier the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of force majeure; or any event which P&O Cruises and/or the relevant Supplier could not even with all due care have foreseen or forestalled. 53. For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in clauses 55 to 60 inclusive, P&O Cruises’ liability for improper performance of the Contract shall be limited to a maximum of twice the price which the Passenger affected paid for the Package (not including insurance premiums and amendment charges) and P&O Cruises shall have no liability for any loss of business or profi ts, loss of use or any other consequential or indirect loss or damage. 54. All carriage (by land, air and sea) is subject to the terms and conditions of carriage of the actual carrier. These may limit or exclude liability. They are expressly incorporated into the Contract. Copies of these terms and conditions are available on request from P&O Cruises. P&O Cruises will ensure that the Passenger is informed of the identity of the air carrier once it has been fi nalised and details of likely carriers are contained in the brochure. P&O Cruises does not use any carrier on the EU banned carrier list, available via our website. The liability of P&O Cruises will not exceed that of any carrier. 55. Carriage of Passengers and their luggage by air is governed by various international conventions (hereinafter “the international air conventions”), including the Warsaw Convention 1929 (whether as amended by the Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) or the Montreal Convention 1999. Flights between the UK and any member state of the European Union are currently governed by EC Regulation 889/2002 which gives legal effect to the Montreal Convention 1999. To the extent that P&O Cruises may be liable as a non-performing air carrier to Passengers in respect of carriage by air, the terms of the international air conventions (including any subsequent amendments and any new convention which may be applicable to a Contract for a fl y cruise between P&O Cruises and a Passenger) are expressly incorporated into these Conditions. The international air conventions may permit the carrier to limit its liability for death and personal injury, loss of and damage to luggage and delay. Insofar as P&O Cruises may have any liability to the Passenger in respect of carriage by air, it shall be determined accordingly. Copies of these conventions are available from P&O Cruises on request. 56. Carriage of Passengers and their luggage by sea, including the Cruise, is governed by the Athens Convention 1974 and EU Regulation 392/2009 (whether as subsequently amended or otherwise “the Athens Convention”). A copy is available on request. The Athens Convention is expressly incorporated into these Conditions and any liability of P&O Cruises for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely brought in accordance with the Athens Convention and solely determined in accordance with the Athens Convention. In most cases, the Athens Convention limits the carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Passenger unless written notice is given to P&O Cruises (as carrier): a.
in the case of apparent damage, before or at the time of disembarkation or redelivery;
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