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2) We will not be responsible for any injury, illness, death, loss (including without limitation loss of enjoyment or possessions), 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 as part of our contract. 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) 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(6) unless the claim arises out of any air travel (including the process of getting on or off the aircraft) in which case clause 10(5) 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(5) or 10(6) 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.


5) 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 to which any international convention or EU regulation applies 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.


6) 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 15th


£45,826 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 hotel 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.


110 March 2011) approximately


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 15th


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 15th


March


2011, this maximum is approximately £818 per person unless otherwise specifically agreed in writing. With effect from 18th


December 2012, this limitation will not apply to any loss or damage


to mobility equipment or other specific equipment which is used by any guest who is disabled or has reduced mobility where the loss or damage is caused by our fault or neglect. In this case, we will be responsible for the reasonable replacement value of the equipment or the reasonable cost of the repairs to it, as appropriate.


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.


7) 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 including self employed loss of earnings.


8) 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 AND ABTA ARBITRATION


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(6) 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(5) and 10(6). For all claims we regret we cannot accept any liability if you fail to follow the procedures set out above.


Disputes arising out of, or in connection with your contract with us which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA and administered independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com) or from ABTA (for further contact details see clause 19). This scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1000 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within 1 year of the date of return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA/IDRS Mediation Procedure and we have the option to agree to mediation (but are not obliged to do so).


12. BEHAVIOUR


When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made to us or to the supplier concerned as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises


We expect all guests to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, any Guest behaves in such a way as to cause or


March 2011, this maximum is approximately £1178 per person.


Valuables deposited with any hotel for the agreed purpose of safe-keeping will subject to any liability limit applicable to such arrangement.


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