156 | BOOKING CONDITIONS Booking conditions
These are the terms and conditions which will apply to your holiday. Please read them carefully as you will be bound by them.
DEFINITIONS 1. In these Conditions and unless the context requires otherwise: “the Contract” means the contract made between P&O Cruises and the Passenger relating to the Package; “Cruise” means the cruise on board the ship as described in the relevant P&O Cruises brochure or other documentation published by or on behalf of P&O Cruises; “Disability” includes a condition that results in a person’s mobility, when using transport, being reduced as a result of any physical disability (sensory or locomotor, permanent or temporary) intellectual or psychosocial disability or impairment, or any other cause of disability, or as a result of age, and which results in that person’s situation needing appropriate attention and adaption to his particular needs in respect of the services made available by P&O Cruises to all passengers; “force majeure” means unusual and unforeseeable circumstances beyond the control of P&O Cruises which mean that P&O Cruises cannot, as a result, provide the Package, or part thereof, including any part of the itinerary, and includes (without limitation) technical problems, war or threat of war, terrorist activity or the threat of terrorist activity, riots, civil commotion, disaster, Act of God, natural and nuclear disaster, fire, closure of ports, strikes or other industrial action, medical problems on board the ship or at intended ports, including, in each case, incidents of infectious or other diseases or illnesses, lawful deviation at sea in response to a distress call or other emergency and adverse weather conditions; “Getaway Fare” means a Getaway Fare, as described in the P&O Cruises brochure or website; “itinerary” means the proposed itinerary as described in the relevant P&O Cruises brochure or other documentation published by or on behalf of P&O Cruises; “Package” means the Cruise and any flights to and from the UK and any pre-cruise and/or post-cruise package which is sold at the same time as the Cruise, but not shore excursions or shuttle services; “the Passenger” means each and every person named in the booking and/or a P&O Cruises ticket; “P&O Cruises” means Carnival plc trading as P&O Cruises; “the price” means the price for the Package as detailed in the confirmation invoice issued by P&O Cruises (excluding shore excursions and any additional charges shown as such in the relevant P&O Cruises brochure or otherwise advertised) and payable by the Passenger under the Contract whether under a Vantage Fare or a Getaway Fare; “shore excursion” means any excursion offered for sale by P&O Cruises for which a separate charge is payable at the time outside the price whether reserved in the UK prior to the commencement of the Package or purchased on board the ship; “shuttle service” means any transportation service (ferry, bus, coach or minibus) provided by a third party which may (without guarantee) be available to P&O Cruises’ passengers in certain ports; “a significant alteration” means major changes to your Package; “Supplier(s)” means any company or individual contracted by P&O Cruises to provide any service forming part of the Package; “Vantage Fare” means a Vantage Fare, as described in the P&O Cruises brochure or website.
THE CONTRACT 2. The Contract shall be between P&O Cruises and the Passenger on the basis of these Conditions and the information contained in the P&O Cruises brochure or website, and shall be governed by English law and the non-exclusive jurisdiction of the English courts. 3. By making a booking, the Passenger confirms that all persons named in the booking including minors and persons under disability (and their personal representatives) have agreed to be bound by these Conditions and all other terms of the Contract, and that he/she has their authority to do so on their behalf. 4. All Packages are subject to availability at the time of booking. No Contract shall be made until the deposit (or, where appropriate, the full price) has been paid, whether or not a booking confirmation has been issued, but all money paid to a travel agent shall be treated as having been paid to P&O Cruises. Failure to pay the balance by the due date shall entitle P&O Cruises to cancel the booking and retain the deposit by way of a cancellation charge. Failure to pay any other amount by the due date shall entitle P&O Cruises to cancel the booking and to retain an amount by way of a cancellation charge as set out in clause 38. 5. A Passenger shall not have the right to exclusive occupancy of a cabin with two or more berths unless the single person supplement is paid. If a cancellation results in a Passenger becoming the sole occupant of a cabin with two or more berths, he/she shall be liable to pay the single person supplement. If a cancellation reduces the number of Passengers originally booked in a cabin together, the remaining Passengers shall each be liable to pay any increase in the price arising as the result of such
reduction. In the event that all Passengers who are booked in a cabin permanently disembark the ship before the end of the Cruise, then the cabin will revert to P&O Cruises’ inventory. 6. For Packages including any flights to or from the UK (and if not already confirmed at the time of booking), P&O Cruises will issue an ATOL confirmation invoice giving the details of the flight arrangements (including UK and destination airports) within a reasonable time after such arrangements are known. 7. Shore excursions are available for separate purchase prior to travel or on board and are arranged by P&O Cruises with local operators. They do not form part of the Contract and are not performed by P&O Cruises. 8. A booking may only be made by a person aged 18 or over. All Passengers who, at the time of departure, will be under 18 years old must be accompanied by a Passenger aged 18 or over who will at all times during the Package be responsible for their welfare, conduct and behaviour. Passengers under 16 years old are not permitted to disembark the ship in any port without a Passenger who is accompanying them on the Package in accordance with this clause. 9. Children aged 6 months or less at the commencement of the Package will be refused permission to board the ship and P&O Cruises shall have no liability whatsoever for any consequences of such refusal. Certain Packages also have prohibitions on children aged 12 months or less. Passengers should check with P&O Cruises before booking. 10. Passengers are responsible for ensuring that they arrive in plenty of time for check in for flights to/from the ship including any interconnecting flights. Passengers are responsible for checking with regard to any delay/cancellation of flights. Passengers must ensure that they have a valid passport and any other necessary travel documents (such as visas) for their Package and should read the relevant section of the P&O Cruises’ brochure or website before booking. P&O Cruises is not responsible for obtaining visas for any Passenger; this is the responsibility of the individual Passenger. 11. P&O Cruises may incur a fine if the Passenger fails to comply with all relevant visa or documentation requirements for their Package. P&O Cruises will re-charge any such fines to the Passenger.
AMENDMENTS TO THE CONTRACT 12. In clauses 12 and 13, “another person” means another person who satisfies all conditions applicable to the Package. In the case of Passengers booked under a Vantage Fare, a Package may be transferred to another person provided that the Passenger consults with P&O Cruises prior to purporting to transfer the Package (so that, for example, P&O Cruises may require that the Package is transferred to someone on its wait list) and P&O Cruises receives the transfer request more than 90 days before the scheduled departure date. Between 90 and 14 days (inclusive) before the scheduled departure date and subject to the conditions above, P&O Cruises will normally agree to such a transfer only where the original Passenger will be prevented from travelling by reason of an unavoidable event (such as illness, death of a close relative or jury service). P&O Cruises may require satisfactory evidence before agreeing to the transfer.
In the
case of Passengers booked under a Getaway Fare, a Package may be transferred to another person between the date of booking and 14 days (inclusive) before the scheduled departure date where the original Passenger will be prevented from travelling by reason of an unavoidable event (such as illness, death of a close relative or jury service) and provided that the Passenger consults with P&O Cruises prior to purporting to transfer the Package (so that, for example, P&O Cruises may require that the Package is transferred to someone on its wait list). P&O Cruises may require satisfactory evidence before agreeing to the transfer. All transfers of a Package to another person at any time up to 14 days or more before the scheduled departure date will be subject to an administration charge of £20. 13. Any request for a transfer of a Package to another person which is received by P&O Cruises 13 days or less before the scheduled departure date shall be treated as a cancellation by the Passenger of the Contract and a cancellation charge under clause 38 shall become payable. 14. Any transfer of a Package including any flights will also be subject to any charges imposed by the airline. Passengers should note that airlines may not allow transfers on scheduled flights and that a flight booking may have to be cancelled and rebooked, in which event the re-booking will always be subject to flight availability and to payment of any charges imposed by the airline which may, in some cases, be the full cost of the ticket. 15. If a Passenger wishes to transfer to another Package, this will generally be treated as a cancellation under clause 38. P&O Cruises, at its discretion, may allow the transfer without treating it as a cancellation if the P&O Cruises holiday to which
the transfer is to be made departs within 12 months (within 6 months in the case of transfer from a world cruise or a world cruise sector) of the original and is for a higher price. Agreement to transfer a Package would also be conditional upon such a request being made more than 90 days before the original scheduled departure date; there being availability; and to payment of both an administration charge of £100 and any expenses (such as airline and/or hotel charges) incurred by P&O Cruises as a result. Such a transfer would only be allowed on one occasion. The criteria for allowing transfers may be changed by P&O Cruises at any time without notice. Passengers who have booked a Getaway Fare shall not be entitled to transfer to another Package and the provisions of this clause 15 shall not apply. 16. All transfers to another Package pursuant to clause 15 will be treated as a new booking. Any discount or promotion applicable to the original booking may not apply to the new booking, in which case the Passenger shall be required to pay any difference in price. 17. After a Package has been booked, P&O Cruises will try to accommodate any request for a change (such as a change of cabin), but such changes are always at P&O Cruises’ discretion and are subject to an administration charge of £20. Passengers who have booked a Getaway Fare shall not be entitled to make changes to their Package and the provisions of this clause 17 shall not apply.
FITNESS TO TRAVEL 18. In order to ensure that P&O Cruises is able to carry Passengers safely and in accordance with applicable safety requirements established by international, EU or national law or in order to meet safety requirements established by competent authorities including the ship’s flag state, the Passenger making the booking represents that all Passengers in the booking are fit to travel. 19. At the time of booking every Passenger is obliged to inform P&O Cruises of any condition, including but not limited to reduced mobility or any Disability, which may require special arrangements, medical equipment/supplies, care or assistance. This is to ensure that the Passenger can be carried safely and in accordance with all applicable safety requirements.
If the
Passenger cannot be carried safely and in accordance with applicable safety requirements then P&O Cruises can refuse to accept a booking or to subsequently embark that Passenger on the grounds of safety. Such a refusal will be based on an assessment of risk by P&O Cruises to take into account the provisions of national law and other applicable legislation and international regulations including the International Management Code for the Safe Operation of Ships and for Pollution Prevention and the International Convention for the Safety of Life at Sea. It is important that the fullest information is provided by the Passenger at the time of booking.
If a Passenger’s circumstances
change between the date of booking the Package and the date of commencement of the Package, which may make the carriage of that Passenger unsafe, the Passenger is obliged to inform P&O Cruises as soon as possible and to advise P&O Cruises of any requirements for special arrangements, medical equipment/ supplies, care or assistance. 20. P&O Cruises reserves the right to require any Passenger to produce medical evidence of fitness to travel on the Package in order to assess whether that Passenger can be carried safely in accordance with applicable international, EU or national law. Where P&O Cruises considers that it is strictly necessary P&O Cruises may require a Passenger with reduced mobility or any Disability to be accompanied by another person who is fit and able to assist them in day to day tasks and capable of providing the assistance required by the Passenger with reduced mobility or any Disability. This requirement will be based entirely on safety grounds and may vary from ship to ship and/or itinerary to itinerary. Examples of Passengers who may fall into this category include Passengers who use wheelchairs or mobility scooters (the term ‘wheelchair’ shall hereinafter be used to refer to wheelchairs and mobility scooters collectively) or who require assistance with personal care. The assessment of whether or not it is strictly necessary for a Passenger to be accompanied will be based on information provided at the time of booking. Passengers are requested to provide as much information as possible to enable a full risk assessment to be made. Passengers may be asked to provide further information to ensure that P&O Cruises has all relevant information. 21. In order to ensure that P&O Cruises can provide the necessary assistance and there are no issues relating to the design of the ship or port infrastructure and equipment, including port terminals, which may make it impossible to carry out the embarkation, disembarkation or carriage of the Passenger in a safe or operationally feasible manner, Passengers who may require special treatment or assistance or with reduced mobility or Disabilities (including Passengers who use
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