BOOKING CONDITIONS
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 Cunard may be liable as a non-performing air carrier to Guests 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 fly voyage between Cunard and a Guest) 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 Cunard may have any liability to the Guest in respect of carriage by air, it shall be determined accordingly. Copies of these conventions are available from Cunard on request.
56. Carriage of Guests and their luggage by sea, including the Voyage, 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 Cunard 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 Guest unless written notice is given to Cunard (as carrier):
a. in the case of apparent damage, before or at the time of disembarkation or redelivery;
b. in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
57. Any damages payable by Cunard up to the Athens Convention limits shall be reduced in proportion to any contributory negligence by the Guest and by the maximum deductible specified in Article 8 (4) of the Athens Convention.
58. Insofar as Cunard may be liable to a Guest in respect of claims arising out of carriage by air or carriage by sea, Cunard shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual air carrier (including his own terms and conditions of carriage) and under the Athens Convention, and nothing in these Conditions shall be deemed a surrender thereof. To the extent that any provision in these Conditions is made null and void by the Warsaw Convention, the Montreal Convention or the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but no further.
59. Insofar as the Voyage may be performed on a ship not owned by Cunard, it is agreed that Cunard shall at all times nevertheless be deemed a ship owner for the purposes of the Convention on Limitation of Liability for Maritime Claims 1976, whether as amended by the Protocol of 1996 or otherwise and as in force in any relevant jurisdiction from time to time, and so entitled to limit liability thereunder.
60. Except for claims arising out of carriage by air (as provided by clause 55), any liability in respect of death and personal injury and loss of and damage to luggage which Cunard may incur to the Guest during sea carriage, whether under the Contract in accordance with these Conditions or otherwise, shall always be subject to the limits of liability contained in the Athens Convention.
61. In respect of any claims for loss of or damage to property including luggage which are not covered by international conventions including the Athens Convention and/or the Montreal Convention and where liability is not limited by reference to any enactment, terms or conditions then any legal liability that Cunard may have for any such losses will be limited to £500.00 per Guest. Cunard shall not be liable for lost valuables including jewellery and/or monies under any circumstances. Guests must ensure that their personal possessions and valuables are with them at all times.
62. Hotels and shuttle services included in the Package are arranged by Cunard with local Suppliers who may themselves engage the services of local operators. Standards of hygiene, accommodation and transport in many countries where excursions take place are often lower than comparable standards in the UK. Cunard will at all times endeavour to appoint reputable and competent local
Suppliers. The terms and conditions of the hotels and shuttle services will be applicable and are expressly incorporated into the Contract. These may limit or exclude liability of the hotelier or the shuttle services operators. The liability of Cunard will not exceed that of any hotelier and/or shuttle services operator. Local standards of the relevant country will be relevant in assessing performance of the Package services. In the event of a complaint by a Guest, the Contract will be regarded as having been performed if local standards relating to those services have been satisfied even if the laws of England and Wales have not been met. Cunard is not responsible for any improper or non-performance of such services 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 the services to be provided; 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.
63. Cunard does not include any shore excursions in the fare. Shore excursions do not form any part of a Package. Shore excursions may be reserved after a Package has been booked from a separate shore excursions brochure or online. Reservations may be made for a specified period prior to the Voyage commencing. Purchases may also be made onboard the ship.
64. Any shore excursions booked will be supplied by local operators. Cunard will at all times endeavour to appoint reputable and competent local operators who apply the local laws and regulations of the relevant country. Shore excursion operators are not Cunard’s servants, agents or suppliers. Cunard is not responsible for any acts or omissions which are wholly attributable to the fault of the local operators. Cunard does not operate, perform or otherwise organise and/or audit any shore excursions.
All Guests
must ensure that they are fit and healthy to undertake shore excursions. All shore excursions are governed by the terms and conditions in the shore excursions brochure.
65. All employees, agents, contractors and their sub-contractors (including Suppliers as defined in clause 1), as well as all insurers of both Cunard and its Suppliers shall have the benefit of the same rights, defences, immunities and limitations available to Cunard under these Conditions.
ACTIONS, CLAIMS AND TIME LIMITS
66. Any action by a Guest arising out of carriage by air or sea must be commenced within the time limit prescribed by the Warsaw Convention, the Montreal Convention or the Athens Convention, as applicable.
67. If a court or tribunal applies any law other than English law, Cunard shall (in respect of all exclusions and limitations of liability) be entitled to the maximum protection allowed by that law including statutory protection of limitation as to the amount of damages recoverable.
68. Some disputes involving claims to a limited amount may, if the Guest so wishes, be referred to arbitration under a scheme devised by the Chartered Institute of Arbitrators for the Passenger Shipping Association or a scheme arranged by ABTA and administered independently by CEDR Solve. An application for arbitration must be made within nine months of disembarkation from the ship. In addition, the Passenger Shipping Association offers a low cost conciliation procedure where a non-binding review of correspondence is undertaken by an independent conciliator. Details of these schemes are available on request.
CONSUMER PROTECTION
69. When a Guest buys an ATOL protected fly voyage from Cunard in the UK they will receive a Confirmation Invoice from Cunard (or via the authorised agent through which they booked) confirming the Guest’s arrangements and protection under Cunard’s Air Travel Organiser’s Licence number 6294. Cunard or its suppliers will provide the Guest with the services that it has bought (or a suitable alternative).
In some cases, where neither Cunard or its
suppliers are able to do so for reasons of insolvency, an alternative ATOL holder may provide the Guest with the services it has bought or a suitable alternative (at no extra cost to the Guest). The Guest agrees to accept that in those circumstances the alternative ATOL holder will perform those obligations and agrees to pay any money outstanding to be paid by the Guest under the Contract to that alternative ATOL holder. However, the Guest also
agrees that in some cases it may not be possible to appoint an alternative ATOL holder, in which case the Guest will be entitled to make a claim under the ATOL scheme (or its credit card issuer where applicable). For further information, visit the ATOL website at
atol.org.uk.
70. Not all Packages offered and sold by Cunard will be protected by the ATOL scheme. All non-fly voyages sold by Cunard in the UK are protected under the ABTA scheme of financial protection. In the unlikely event of Cunard’s insolvency, ABTA will ensure that Guests booked on non-fly voyages are not stranded abroad and will arrange to refund any money paid to Cunard for an advance booking. Voyages sold overseas may be covered by consumer protection schemes in place in the country of sale or by the protection scheme operated by ABTA, and Guests should contact Cunard for confirmation of what protection may apply to their booking.
DATA PROTECTION
71. In clauses 71 to 73, “you” means the Guest. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, Cunard needs to use the personal information you provide such as name, address, any special needs, health, medical, mobility or dietary requirements, etc. Cunard may pass personal information on to other relevant suppliers of your travel arrangements such as travel agents, airlines, hotels, and transport companies. Your personal information may also be provided to security and/or credit checking companies, credit and debit card companies, government and enforcement agencies, public authorities such as customs and immigration if required by them, or as required by law. Cunard may also use your personal information for the purposes of carrying out security checks. Your personal information may be shared with the police or other law enforcement or crime prevention agencies for security purposes. This may involve sending your personal information between different countries, including countries outside the European Economic Area (EEA) where controls on data protection may not be as strong as the legal requirements in this country. This may also apply to any sensitive information that you give to us such as details of any disabilities or dietary/religious requirements. If Cunard cannot pass your personal information on to the relevant suppliers, whether in the EEA or not, Cunard cannot properly affect your booking. For the safety and security of the ship and its Guests, Cunard may operate closed circuit television (CCTV) in certain areas on board the ship during your Voyage. Please be aware, however, that Cunard does not undertake to operate all cameras or monitor or record CCTV images at all times. Please be aware that there are photographers and camera crew on board the ship taking photographs and making films for Guests to purchase at the end of the Voyage. They are happy to take reasonable steps to avoid filming you where you indicate that this is your preference, but you may be included unless you tell us otherwise and we are unable to guarantee that you will not be included on an incidental basis. Please be aware that calls made to Cunard, and calls received from Cunard, may be recorded for the purposes of audit, training and the monitoring of services provided by Cunard.
72. The personal information you provide to Cunard, or which is obtained through your dealings with Cunard or other Carnival group cruise brands, will also be used by Carnival plc and Carnival Corporation group companies or by processors on their behalf: to review your dealings with Carnival plc and Carnival Corporation brands including your purchasing and entertainment preferences; to review, develop and improve the voyages and services Carnival offers; for market research purposes and for statistical analysis. This may involve transferring your personal information to Carnival Corporation group companies in the US.
73. Cunard Line is a Carnival plc brand. Carnival plc and
Carnival Corporation group companies (including those in the US) may wish to contact you by post, email and/or telephone with news, information and offers from Cunard and other Carnival group cruise brands (such as P&O Cruises, Princess Cruises, Seabourn Cruise Line, Holland America Line, Carnival Cruise Lines and Costa Cruises). If you have booked and you would like to alter your marketing preferences you can now do so via the Voyage Personaliser system on the Cunard website. Alternatively, you can write to us at Customer Data Department, Cunard, Carnival House, 100 Harbour Parade, Southampton SO15 1ST. If you wish to obtain a copy of the personal information held about you, please write to the above address. Carnival plc may make a charge for supplying this information as permitted by law.
To book visit
www.cunard.com, call 0843 374 2222or contact your travel agent 129
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