of an administration fee as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable (see clause 10 of these booking conditions). Note: Certain travel arrangements, particularly, airline reservations, guest name, cruise date, category of suite or value of your booking may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. If you make an amendment that results in a reduction in the booking value, the difference in price will be subject to a charge in line with the percentages and timescales detailed in clause 10. For all minor changes, an amendment fee of £100 per person per booking will be payable together with any expenses (such as airline, hotel or any other suppliers charges) incurred by ourselves or imposed by any of our suppliers. Guests opting to deviate their flight will be required to pay a £50 per person fee plus any applicable fare increases fees/ penalties charged by the airlines. Changes of holiday date are subject to cancellation penalties. Please ensure your names are as shown on your passports.
10. BOOKING CANCELLATION
If you or any other member of your party decides to cancel your confirmed booking you must notify your Travel Agent or us in writing or by emailing
specialservices@rssc.com. Your notice of cancellation will only take effect when it is received in writing by us at our offices. We are unable to provide refunds for guests failing to comply with clauses 6, 7 and 8 of these booking conditions. Changes of holiday date are subject to cancellation penalties.
Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):-
10a. CRUISE CANCELLATION
The following cancellation terms apply during the following periods prior to departure date, to when the notice of cancellation has been received by the Company:
129-night World Cruise: Deposit date up to 121 days prior
120 - 91 days prior 90 - 0 days prior
For all other cruises: Deposit date up to 90 days prior
89 - 60 days prior 59 - 31 days prior 30 - 0 days prior
Pre-and Post -Cruise Hotel Packages Within 60 days prior to departure
Pre-and Post -Cruise Land Packages Within 60 days prior to departure
Pre-Bookable Adventures Ashore Within 45 days prior to departure
Regent Choice Shore Excursions Within 36 hours of tour departure
Free Luxury Hotel Package:
If cancelling within 60 days, cancel penalties will apply and the hotel credit is not available. Hotel cannot be added to booking within 60 days of date of sailing. Hotel package is capacity controlled and may not be available at time of booking.
A 100% fee will be imposed as indicated above for non-appearance at the port of Cruise Embarkation at the scheduled time of departure or in the absence of writing.
Certain travel arrangements, particularly, guest name, ship, sail date, category of suite or value of your booking may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Airline tickets can only be issued upon receipt of full payment, and once airline tickets have been issued then airline cancellation fees will be passed onto you in addition to the cancellation charges set out above. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us. Changes of holiday date are subject to cancellation penalties (See clause 10)
11. ALTERATIONS & CANCELLATIONS BY THE COMPANY
We reserve the right to withdraw and/or cancel a cruise or cruisetour or to make changes in the itinerary and hotel accommodations whenever, in its sole judgment, conditions warrant. Itineraries may change from time to time, both before or during your cruise. Changes to the advertised itinerary may become necessary due to prevailing weather and sea conditions, guest/crew emergencies, providing assistance to other vessels and the ship being unable to operate at its normal speed(s) due to unexpected mechanical or technical problems. We and the Master of the ship have the right to omit any port(s), and deviate from the advertised itinerary at any time.
We must also reserve the right to cancel confirmed bookings. However, we promise we will only cancel your confirmed booking after the date on which your final balance is due where you have failed to make full payment on time or as a result of circumstances outside our control/“force majeure” as defined in clause 12 below. Most changes are minor but occasionally, we may have to make a “significant change”. Examples of “significant changes” include the following when made before departure: a change of cabin grade to that of a lower official classification for the whole or a major part of your holiday, a change of ship, a change in the length of your cruise by more than 12 hours and a significant change of itinerary missing out one or more major destination substantially or altogether, a change in embarkation or disembarkation port which would significantly affect connecting travel arrangements. In the event of a significant alteration or cancellation prior to departure, the Company will inform you as soon as possible and will offer you the choice of the following options:
Loss of Deposit
50% of holiday price 100% of holiday price
Loss of Deposit
50% of holiday price 75% of holiday price 100% of holiday price
10b. ANCILLARY SERVICES CANCELLATION 100% fee 100% fee 100% fee 100% fee
a) (for significant changes) accepting the changed arrangements or
b) purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or
c) cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us.
If we have to make a significant change or cancel 10 weeks or less before departure, subject to the exceptions below, and in addition to a full refund of monies paid, we will pay you reasonable compensation in the form of a shipboard credit or future cruise credit: We will not pay you compensation where we make a significant change or cancel more than 10 weeks before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. Very rarely, we may be forced by “force majeure” (see clause 12) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where services with a higher price than the original are offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if services are offered by us and accepted by you with a higher price than that originally booked with the same itinerary or on the same ship where no additional payment is made by you.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
12. CIRCUMSTANCES OUTSIDE OUR CONTROL
In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, unavoidable technical failure with transport, lawful deviation at sea in response to a distress call or other emergency and all similar events outside our control. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our agreement with you is prevented or affected by, or you otherwise suffer any damage or loss as a result of force majeure.
13. OUR RESPONSIBILITY
(1) Subject to these booking conditions, your holiday arrangements will be performed using reasonable skill and care. Also, as long as they were acting within the course of their employment or carrying out work we had asked them to do we will be responsible if our employees, servants or agents fail to perform your holiday arrangements using reasonable skill and care. Please note that it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. If we, or our employees, servants or agents fail to perform your holiday arrangements using reasonable skill and care, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees, servants or agents acts or omissions affected the overall enjoyment of your holiday), we will pay you reasonable compensation.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description which results from: -
a) the act(s) and/or omission(s) of the person(s) affected;
b) the act(s) and/or omission(s) of a third party not connected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
c) unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
d) an event which either ourselves, our employees, agents or suppliers and subcontractors could not, even with all due care, have foreseen or forestalled.
(3) The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice. The fact that services or facilities fail to comply with local or UK guidance or advice shall not of itself mean that the services or facilities in question have not been provided with reasonable skill and care.
(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
a) Loss of and/or damage to any luggage or personal possessions and money. The maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
b) Claims not falling under (a) above and not involving injury, illness or death. The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
c) Claims in respect of Carriage by Sea
Carriage of passengers and their luggage by sea shall be governed by EU Regulation 392/2009 and where applicable by the Athens Convention adopted at Athens on 13th day of December 1974 and the Protocol thereto adopted as of November 1976 (hereinafter referred to as “Athens Convention 1974”). The Athens Convention may be found at http://folk.
uio.no/erikro/WWW/corrgr/passord/Athens74.pdf and EU Regulation 392/2009 may be found at
http://eur-lex.europa.eu/legal-content/EN/ TXT/?uri=URISERV:tr0018
The Athens Convention 2002 shall apply from 23 April 2014 in addition to EU Regulation 392/2009. This may be found at
http://www.imo.org/ blast/
blastDataHelper.asp?data_id=30972&filename=5.pdf
Any liability of the Carrier including Regent Seven Seas Cruises as contracting Carrier for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely brought and determined in accordance with EU Regulation 392/2009 and from 23 April 2014 the Athens Convention 2002 or where applicable the Athens Convention 1974.
Where there is a shipping incident as defined by EU Regulation 392/2009 or the Athens Convention 2002 the Guest has a right to compensation from the Carrier or the Carrier’s insurance provider of up to 250.000 SDRs 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 unless the Carrier proves that the incident occurred without his fault or neglect. In the case of a non- shipping incident: the passenger has a right to compensation from the Carrier of up to 400.000 SDR, if the Passenger proves that the incident was the result of the Carrier’s fault or neglect. The aggregate liability of the Carrier for the death of or personal injury to a Guest shall in no event exceed 400,000 SDR’s per passenger per incident (approximately £383,733.54) or 250,000 SDR’s in the case of War and Terrorism (approximately £239,833.46)
Where the Athens Convention 1974 is applicable the Guest is required, save where Article 3 (3) applies to prove fault or neglect of the Carrier. The maximum liability for death and or personal injury is 46,666 SDR’s (approximately £44,768.27) per passenger per carriage.
Liability for loss of or damage to cabin luggage (save medical and mobility equipment) pursuant to the Athens Convention 2002 and EU Regulation 392/2009 is limited to 2,250 SDR’s (approximately £2,158.50) and where the Athens Convention 1974 is applicable 833 SDR’s (approximately £799.13). Luggage is presumed to be delivered without damage unless written notice is given by the Guest within the following periods:
(i) In the case of apparent damage before or at disembarkation or redelivery.
the time of
(ii) In the case of damage which is not apparent or loss of luggage, within 15 days from the disembarkation or delivery or from the date any such delivery should have taken place.
The Carrier shall not be liable for any loss or damage to luggage that occurs outside the course of carriage including any loss or damage before or after the luggage comes into the Carrier’s actual possession, custody and control, including, but not limited to, where the luggage is in the possession, custody and control of airlines or other transportation services.
The Carrier provides safekeeping for valuables aboard Ship and encourages Guests to deposit any jewellery or other valuables brought aboard the Ship with the Reception Desk staff who will issue a receipt for such valuables. The Carrier provides an in-room personal safe for Guests convenience. However, the Carrier shall not be liable for any loss of or damage to money, jewellery, watches, precious stones and metals, securities, financial instruments, tickets and/or other valuables unless they have been delivered to the Reception Desk for safekeeping and a receipt issued in which case the Carrier’s liability is limited to SDR’s 3,375 (approximately £3,237.75) under EU Regulation 392/2009 and the Athens Convention 2002 and 1200 SDR’s (approximately £1,151.20) pursuant to the Athens Convention 1974 . The use of safes on board is not a deposit with the Ship under EU Regulation 392/2009 or the Athens Convention 1974 or 2002.
SDR’s are a monetary unit of the International Monetary Fund and current exchange rate can be found in major financial newspapers.
All settlements will be made on the basis of actual cash value (replacement cost, less depreciation) Claims for damaged items will be settled on the basis of cost of repair. No amount shall be paid in settlement of any claim without proof of the actual cash value, or repair cost, as appropriate, arising from the loss or damage. Such proof must be sent to the Carrier. The Carriers’ liability must also be proven before any settlement will be paid.
Any damages payable by the Carrier up to the Athens Convention 1974 OR 2002 or EU Regulation 392/2009 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.
d) Claims in respect of international travel by air and rail, or any stay in a hotel
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Berne/ Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements); You can ask for copies of these Conventions from our offices. Please contact us.
ii) We are not the operating Carrier and do not have any liability to pay compensation in any circumstances in which an air carrier is liable to you by virtue of the Denied Boarding Regulation 2004 Your remedies provided under the Regulation are against the air carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(5) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(6) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(7) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description 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 any business losses.
(8) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
14. CONDITIONS OF CARRIAGE
Carriage by road, rail and by sea will be subject to the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on your journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your
TERMS AND CONDITIONS | 117
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