37. All accounts for on-board services and goods and for shore excursions must be settled in full before the Guest leaves the ship. In the event that a Guest fails to settle his on-board account at or before the completion of the Voyage, Cunard reserves the right to charge interest on the outstanding sums until the date of actual payment and shall be entitled to make a reasonable administration charge for the subsequent collection of such sum due in addition to any costs of legal process. Cunard also reserves the right to cancel any future bookings that the Guest may have and to set off any sums owed to Cunard by the Guest against any sums due to the Guest from Cunard, without prejudice to any other remedies Cunard may have under these Conditions or otherwise.
CANCELLATION BY THE GUEST
38. The Guest may cancel the Contract at any time prior to the commencement of the Package via their travel agent or, for Guests who have booked direct, by calling our Reservations Department, but in that event Cunard shall be entitled to levy a cancellation charge as a percentage of the fare paid in accordance with the following scales.
Vantage Fares: Period before departure within
until 91 days before departure 90 to 57 days 56 to 42 days 41 to 16 days 15 to 6 days
which written notice of cancellation is received by Cunard From the date of booking
Cancellation charges
(percentage of fare) Deposit
50% 60% 75% 90%
Less than 6 days before departure or failure to embark. 100% For fly voyages, departure day is the date of the flight departure.
Getaway Fares: Period before departure within
which written notice of cancellation is received by Cunard
From the date of booking until departure, including failure to embark
Cancellation charges
(percentage of fare) 100%
39. It may be possible for the Guest to re-claim these cancellation charges (less any applicable excess) under the terms of the Guest’s insurance policy.
Claims should be
submitted to the appropriate insurer. After departure, if the Guest disembarks whether by reason of sickness or any other reason the Guest will not be entitled to a refund of a proportion of the Package not used.
ALTERATION AND CANCELLATION BY CUNARD PRIOR TO DEPARTURE
40. Whilst Cunard will do its best not to cancel or to make any significant 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. Cunard will inform the Guest of any such cancellation or change of Package as quickly as possible (with, where appropriate, written confirmation as soon as reasonably possible thereafter). If Cunard makes a significant alteration to the Package it will inform the Guest or his travel agent as soon as reasonably possible. The Guest will have the choice of either accepting the alteration, accepting an offer of an alternative Package of comparable standard if available (Cunard will refund any fare difference if the alternative is of a lower value) or cancelling the Package and receiving a full refund of all monies paid. The Guest recognises and agrees that it will not normally be possible for Cunard 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 Cunard will do its best to provide a suitable alternative Package of similar duration and value. The Guest must notify Cunard of his decision as soon as reasonably possible and in any event not later than 14 days of being informed of the significant alteration.
41. If the Guest cancels the Package in the circumstances set out in clause 40 or if Cunard cancels the Package, the Guest shall also be entitled to compensation as follows (except if the change or cancellation is due to force majeure, non-payment by the Guest or where the minimum number of Guests required for a Package to proceed is not reached).
Period of notification given by Cunard
90 to 43 days 42 to 29 days 28 to 15 days 14 to 0 days
128
Compensation per full fare paying guest
5% voyage credit 10% voyage credit 15% voyage credit 20% voyage credit
42. The value of any voyage credit will be calculated by reference to the fare actually paid for the cancelled Package and may only be used for other bookings with Cunard. 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 fare of the new Package net of any discount available to the Guest at the time of booking. The compensation set out above does not exclude the Guest 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 profits will be payable.
ALTERATION AND CANCELLATION BY CUNARD AFTER DEPARTURE
43. After departure, Cunard 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. Cunard 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 Cunard is unable to provide a significant proportion of the Package, it will make suitable alternative arrangements, at no extra cost to the Guest, for the continuation of the Package. If the Guest does not accept them, for good reasons, or, if it is impossible to make suitable alternative arrangements Cunard will, where appropriate, provide the Guest with transport back to the place of departure or to another place to which Cunard and the Guest have agreed.
In both cases Cunard will, where
appropriate, compensate the Guest. Please note that compensation will not be payable if an alteration is minor or if Cunard is not able to provide a significant proportion of the Package due to force majeure.
44. Transit or part transit of straits, other sea areas controlled by vessel traffic 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 Cunard shall have no liability whatsoever in respect of any such delay.
SECURITY, SAFETY AND SUPPORT
45. Guests 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 Guest expressly agrees to this. If it appears that a Guest’s conduct, behaviour or health is such as to be a breach of this requirement or the Guest's behaviour, health or conduct is likely to endanger the Guest’s own health or safety or that of any other Guest or crew or may make the Guest likely to be refused permission to go ashore at any port or may make Cunard liable for the costs of any medical treatment and/or maintenance and support and/or repatriation, then Cunard 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 Guest at any particular port or other place of call;
• disembark the Guest; • transfer the Guest to another berth;
• confine the Guest 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 confine the Guest to a hospital or any similar institution at any port as the ship’s doctor may consider necessary;
• remove the Guest from the hotel, if appropriate; • repatriate the Guest to the United Kingdom.
46. In the event of Cunard and/or the Master acting in accordance with clause 45 above, neither the Guest nor (at the sole discretion of Cunard) any other person travelling with the Guest (whether or not under the same booking) shall be entitled to make a claim against Cunard for any loss or expense incurred as a result of such action, whether for a full or partial refund of the fare 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 Guest is repatriated pursuant to this clause at Cunard’s expense, Cunard shall have the right to recover the cost of this.
47. If any Guest is denied the right to board an aircraft because, in the reasonable opinion of the Captain, the Guest is unfit
to travel or represents a threat to the safety of the aircraft or its passengers or crew or is abusive or disruptive, Cunard will not be liable to complete the Guest'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 Guest, Cunard shall have the right to recover the full cost thereof from the Guest.
48. For security reasons, it may be necessary at any time to search Guests and/or their luggage and goods and the Guest agrees to allow such search upon being so requested by the Master or any other authorised person.
49. The Guest must not bring on board the ship any goods or articles of an inflammable 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 Guest strictly liable to Cunard for any injury, loss, damage or expense and the Guest shall compensate Cunard in full for any loss, damage or expense suffered by Cunard as a result of such breach. The Guest may also be personally liable to statutory penalties. The Master (or any other officer 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 Guest whom the Master reasonably believes may be in breach of this clause. Where the Guest is found to be in breach of this clause, Cunard 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 Cunard shall be entitled to enter a Guest’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 Guest at the time with a representative of Cunard. If the problem is not resolved to the full satisfaction of the Guest during the holiday, it is essential that to enable the complaint to be investigated properly it must be notified in writing to Cunard at the earliest opportunity thereafter and in any event no later than 28 days after the Guest’s return from the Package. Failure to report the complaint within this time may adversely affect Cunard’s ability to investigate and deal with it and may prejudice any future claim.
LIABILITY
52. Subject to paragraphs 52 to 56 Cunard 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 Voyage. Cunard limits its liability, where applicable, by the conventions referred to in clauses 55 to 60 inclusive.
In any event, Cunard 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 Guest; 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 Cunard 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 Cunard 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, Cunard's liability for improper performance of the Contract shall be limited to a maximum of twice the fare which the Guest affected paid for the Package (not including insurance premiums and amendment charges) and Cunard shall have no liability for any loss of business or profits, 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 Cunard. Cunard will ensure that the Guest is informed of the identity of the air carrier once it has been finalised and details of likely carriers are contained in the brochure. Cunard does not use any carrier on the EU banned carrier list, available via our website. The liability of Cunard will not exceed that of any carrier.
55. Carriage of Guests 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
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