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(5) Where any claim or part of a claim (including those involving death or personal injury) concerns or arises from any flight arrangements (including without limitation, the process of getting on and/or off the aircraft concerned) to which any international convention or EU regulation applies where we have arranged the flight as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as set out below. 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). Where the carrier is not or would 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) EC Regulation 392/2009 on the liability of carriers of passengers in the event of accidents (“Regulation“) became applicable in the EU and EEA States on 31 December 2012. It incorporates certain provisions of the 1974 Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea as amended by the 2002 Protocol (“Athens Convention”). References in these Booking Conditions to the Athens Convention mean those provisions of the Athens Convention which the Regulation incorporates. The Regulation and 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 Regulation and the Athens Convention. The Regulation and the Athens Convention covers the liability of the carrier in respect of passengers, their luggage and their vehicles as well as mobility equipment, in the event of accidents. It does not affect the right of carriers to limit their liability for accidents in accordance with the International Convention on Limitation of Liability for Maritime Claims of 1976, as amended by the 1996 Protocol in its up to date form. Accidents under the Regulation and the Athens Convention include both ‚shipping‘ and ‚non-shipping‘ incidents in the course of the carriage. A “shipping incident” means shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship. A “non-shipping incident” means any incident which is not a shipping incident. For any claim involving death or personal injury or loss of or damage to luggage or any mobility equipment or other specific equipment used by a Guest with reduced mobility (“mobility equipment”) 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 Regulation and the Athens Convention. This means you are not entitled to make any claim against us which is not expressly permitted by the Regulation and the Athens Convention or which is in excess of the limits provided by the Regulation and the Athens Convention. Any claims covered by the Regulation and the Athens Convention must be made within the time limits set out in the Athens Convention (see below). Any proceedings must be issued within the maximum time limit specified by the Athens Convention.


A brief summary of our liability under the Regulation and the Athens Conventions is set out below.


Personal injury or death


The Athens Convention limits the maximum amount we as the carrier may have to pay if we are found liable in the event of death or personal injury occurring during the course of carriage. Different limits and bases for liability apply depending on whether the death or personal injury results from a shipping incident or a non-shipping incident. For a shipping incident, the passenger has a right to compensation from the carrier or the carrier‘s insurance provider of up to 250,000 SDR (approximately £267,500 as at 7 April 2014) in any event, with the exception of circumstances beyond the carrier‘s control (i.e. act of war, natural disaster, act of a third party). Compensation can go up to 400,000 SDR (approximately £428,000 as at 7 April 2014) unless the carrier proves that the incident occurred without his fault or neglect. For a non-shipping incident, the passenger has a right to compensation from the


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carrier or the carrier‘s insurance provider of up to 400,000 SDR (approximately £428,000 as at 7 April 2014), if he/she proves that the incident was the result of the carrier‘s fault or neglect. In certain circumstances, we will not be liable for death or personal injury which arises in the course of the carriage.


Luggage


The Athens Convention also limits the maximum amount we as the carrier may have to pay where loss of or damage to luggage occurs during the course of carriage. Different bases for liability apply depending on whether the loss or damage results from a shipping incident or a non-shipping incident. Cabin luggage is luggage which the passenger has in his cabin or otherwise in his possession, custody or control. Luggage does not include mobility equipment which is dealt with below. Loss of or damage to luggage includes expenses which result from the luggage not having been re-delivered to the passenger within a reasonable time of the arrival of the ship on which the luggage was carried or should have been carried but does not include delays resulting from any labour disputes.


For loss or damage caused by a shipping incident, the passenger has a right to compensation from the carrier of up to 2,250 SDR (approximately £2,408 as at 7 April 2014) for cabin luggage and, up to 3,375 SDR (approximately £3,610 as at 7 April 2014) for other luggage unless the carrier proves that the incident occurred without his fault or neglect. For loss or damage caused by a shipping incident, the passenger has a right to compensation from the carrier of up to 2,250 SDR (approximately £2,408 as at 7 April 2014) for cabin luggage and, up to 3,375 SDR (approximately £3,610 as at 7 April 2014) for other luggage, if he/she proves that the incident was the result of the carrier‘s fault or neglect.


In accordance with the Athens Convention, you agree that any successful claim for any loss of or damage to luggage will be subject to an excess or deduction of 149 SDR per person (approximately £144 as at 7 April 2014).


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, other valuables 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. We will not in any event be liable for loss of or damage to monies, negotiable securities, gold, silverware, jewellery, ornaments, works of art or other valuables. You are strongly advised to take out appropriate and adequate insurance to protect all valuable and important items.


Please note, we do not have the facility aboard any of our ships to accept any valuables 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, 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. This maximum is 3,375 SDR per person (approximately £3,610 as at 7 April 2014).


Mobility equipment


The Regulation and Athens Convention also limits the maximum amount we as the carrier have to pay where loss of or damage to mobility equipment occurs during the course of carriage. For loss or damage caused by a shipping incident, the passenger has a right to compensation from the carrier corresponding to the replacement value or the repair costs of the equipment concerned, unless the carrier proves that the incident occurred without his fault or neglect. For loss or damage caused by a non-shipping incident, the passenger has a right to compensation from the carrier corresponding to the replacement value or the repair costs of the equipment concerned, if he/she proves that the incident was the result of the carrier‘s fault or neglect.


Advance payment in the event of a shipping incident


In case of death or personal injury caused by a shipping incident, the passenger or other person entitled to damages has a right to


an advance payment to cover immediate economic needs. The payment shall be calculated on the basis of the damage suffered, shall be made within 15 days and shall not be less than 21,000 Euros (approximately £17,300 as at 7 April 2014) in the event of death.


Time limits


Any damage to cabin or other luggage, which is apparent, must be notified to us in writing before or, at latest, at the time of disembarkation from the ship for cabin luggage or at the time of re-delivery for other luggage. Any damage which is not apparent or loss of cabin or other luggage must be notified in writing within 15 days of disembarkation from the ship or re-delivery (or scheduled re-delivery in the event of loss).


If the passenger fails to comply with the above, he shall be presumed, unless the contrary is proved, to have received the 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.


In general, any proceedings for damages before a competent court must be commenced within a period of 2 years of the date stipulated in the Athens Convention or it will be time barred. The calculation of this limitation period may differ depends on the nature of the loss.


Exemptions concerning liability


Liability of the carrier can be reduced if he proves that the death of or personal injury to a passenger or the loss of or damage to his luggage was caused or contributed to by the fault or neglect of the passenger.


The limits on the different amounts for compensation will not apply if it is proved that the damage resulted from an act of the carrier, or a servant or agent of the carrier or of the performing carrier, done with the intent to cause such damage or with knowledge that such damage would probably result.


(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any nature (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.


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) where applicable. 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). 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 £1,500 on the amount the arbitrator can award per person in respect of this element. Your application for arbitration and other required documents must be received by ABTA within 18 months of your 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 mediation procedure and we have the option to agree to this (but are not obliged to do so).


12. DAMAGE AND 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


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