238-241 CC3044 BC 19/3/09 11:09 Page 3
BOOKING CONDITIONS
or the Guest's behaviour, health or conduct is likely to 35. Any crew member or other person authorised by between Cunard and a Guest) are expressly
endanger the Guest’s own health or safety or that of Cunard shall be entitled to enter a Guest’s stateroom incorporated into these Conditions. The international
any other Guest or crew or may make the Guest likely to carry out necessary inspection, maintenance or air conventions may permit the carrier to limit its
to be refused permission to go ashore at any port or repair work or for any purpose associated therewith. liability for death and personal injury, loss of and
may make Cunard liable for the costs of any medical damage to luggage and delay. Insofar as Cunard may
treatment and/or maintenance and support and/or
COMPLAINTS
have any liability to the Guest in respect of carriage by
repatriation, then Cunard and/or the Master shall have 36. Any problem which arises during a holiday must be air, it shall be determined accordingly. Copies of these
the right according to the particular circumstances to raised by the Guest at the time with a representative of conventions are available from Cunard on request.
take any one or more of the following measures as Cunard. If the problem is not resolved to the full
41. Carriage of Guests and their luggage by sea is
may appear to be reasonable and appropriate: satisfaction of the Guest during the holiday, it is
governed by the Athens Convention 1974 (whether as
remove the Guest from the hotel;
essential that to enable the complaint to be
subsequently amended or otherwise “the Athens
investigated properly, it must be notified in writing to
repatriate the Guest to the UK;
Convention”). A copy is available on request. The
Cunard at the earliest opportunity thereafter and in
Athens Convention is expressly incorporated into
refuse to embark or to disembark the Guest at any any event no later than 28 days after the Guest’s
these Conditions and any liability of Cunard for death
particular port or other place of call; return from the holiday. Failure to report the complaint
or personal injury or for loss of or damage to luggage
disembark the Guest;
within this time may adversely affect Cunard’s ability
arising out of carriage by sea shall be determined
to investigate and deal with it and may prejudice any
transfer the Guest to another stateroom;
accordingly. In most cases, the Athens Convention
future claim.
limits the carrier’s liability for death or personal injury
confine the Guest to a particular stateroom or to the
or loss of or damage to luggage and makes special
ship’s medical centre;
LIABILITY
provision for valuables. It presumes that luggage has
through the ship’s doctor and/or his staff, administer
37. Cunard accepts responsibility for death, injury or
been delivered undamaged to the Guest unless written
any drug, medicine or other substance of a similar
illness caused by the negligent acts and/or omissions
notice is given to Cunard (as carrier):
nature, or admit and/or confine the Guest to a hospital
of it and its Suppliers. Cunard limits its liability, where
(a) in the case of apparent damage, before or at the time
or any similar institution at any port as the ship’s
applicable by the conventions referred to in clauses 40
of disembarkation or redelivery;
doctor may consider necessary.
to 44 inclusive. In any event, Cunard is not responsible
for any improper or non-performance which is wholly
(b) in the case of damage which is not apparent or of loss,
31. In the event of Cunard and/or the Master acting in
attributable to the fault of the Guest; the
within 15 days from the date of disembarkation or
accordance with clause 30 above, neither the Guest
unforeseeable or unavoidable act or omission of a
redelivery or from the time when such redelivery
nor (at the sole discretion of Cunard) any other person
third party unconnected with the provision of any
should have taken place.
travelling with the Guest (whether or not under the
services to be provided under the Contract; unusual
Any damages payable by Cunard up to the Athens
same booking) shall be entitled to make a claim
and unforeseeable circumstances beyond the control
Convention limits shall be reduced in proportion to any
against Cunard for any loss or expense incurred as a
of Cunard and/or the relevant Supplier the
contributory negligence by the Guest and by the
result of such action, whether for a full or partial refund
consequences of which could not have been avoided
maximum deductible specified in Article 8 (4) of the
of the fare or for any other form of compensation or
even if all due care had been exercised including (but
Athens Convention.
for the cost of returning to the United Kingdom or to
not limited to) an event of force majeure; or any event
any other place or for any other form of loss or
which Cunard and/or the relevant Supplier could not
42. Insofar as Cunard may be liable to a Guest in respect of
expense whatsoever. Where the Guest is repatriated
even with all due care have foreseen or forestalled.
claims arising out of carriage by air or carriage by sea,
pursuant to this clause at Cunard’s expense, Cunard
Cunard shall be entitled to all the rights, defences,
38. For claims not involving personal injury, death or
shall have the right to recover the cost of this.
immunities and limitations available, respectively, to
illness or which are not subject to the conventions
the actual air carrier (including its own terms and
32. If any Guest is denied the right to board an aircraft referred to in clauses 40 to 44 inclusive, Cunard's
conditions of carriage) and under the Athens
because, in the reasonable opinion of the Captain, the liability for improper performance of the Contract shall
Convention, and nothing in these Conditions shall be
Guest is unfit to travel or represents a threat to the be limited to a maximum of twice the price the Guest
deemed a surrender thereof. To the extent that any
safety of the aircraft or its guests or crew or is abusive affected paid for the holiday (not including insurance
provision in these Conditions is made null and void by
or disruptive, Cunard will not be liable to complete the premiums and amendment charges) and Cunard shall
the Warsaw Convention, the Montreal Convention or
Guest's holiday arrangements and will not be liable to have no liability for any loss of business or profits.
the Athens Convention or any legislation compulsorily
pay any refunds or compensation. If an aircraft is
39. All carriage (by land, air and sea) is subject to the terms applicable or is otherwise unenforceable, it shall be
forced to make an unscheduled landing as a result of
and conditions of carriage of the actual carrier. These void to that extent but no further.
the conduct of any Guest, Cunard shall have the right
may limit or exclude liability. They are expressly
to recover the full cost thereof from the Guest.
43. Insofar as the holiday may be performed on a ship not
incorporated into the Contract and they also form the
owned by Cunard, it is agreed that Cunard shall at all
33. For security reasons, it may be necessary at any time
terms and conditions of separate contracts between
times nevertheless be deemed a ship owner for the
to search Guests and/or their luggage and goods and
the Guest and the particular carrier as contained in
purposes of the Convention on Limitation of Liability
the Guest agrees to allow such search upon being
that carrier’s ticket which is provided to the Guest
for Maritime Claims 1976, whether as amended by the
so requested by the Master or any other
before the scheduled departure date. Copies of these
Protocol of 1996 or otherwise and as in force in any
authorised person.
terms and conditions are available on request from
relevant jurisdiction from time to time, and so entitled
Cunard. Cunard will ensure that the Guest is informed
34. The Guest must not bring on board the ship any goods
to limit liability thereunder.
of the identity of the air carrier once it has been
or articles of an inflammable or dangerous nature, nor
finalised and details of likely carriers are contained in
44. Except for claims arising out of carriage by air (as
any controlled or prohibited substance. To do so shall
the brochure. Cunard does not use any carrier on the
provided by clause 40), any liability in respect of death
be a breach of these Conditions and shall render the
EU banned carrier list, available via our website.
and personal injury and loss of and damage to luggage
Guest strictly liable to Cunard for any injury, loss,
damage or expense and the Guest shall compensate
40. Carriage of Guests and their luggage by air is governed
which Cunard may incur to the Guest, whether under
Cunard in full for any loss, damage or expense suffered
by various international conventions (hereinafter “the
the Contract in accordance with these Conditions or
by Cunard as a result of such breach. The Guest may
international air conventions”), including the Warsaw
otherwise, shall always be subject to the limits of
Convention 1929 (whether as amended by the Hague
liability contained in the Athens Convention.
also be personally liable to statutory penalties. The
Protocol 1955 or the Montreal Protocol 1999 or 45. Hotels, shore excursions and shuttle services are
Master (or any other officer delegated for the purpose)
otherwise) or the Montreal Convention 1999. Flights arranged by Cunard with local operators who may
shall be entitled at all times to enter and search the
between the UK and any member state of the themselves engage the services of local suppliers.
stateroom and personal luggage (whether or not in the
European Union are currently governed by EC Standards of hygiene, accommodation and transport
stateroom) of any Guest whom the Master reasonably
Regulation 889/2002 which gives legal effect to the in many countries where excursions take place are
believes may be in breach of this clause. Where the
Montreal Convention 1999. To the extent that Cunard often lower than comparable standards in the UK.
Guest is found to be in breach of this clause, Cunard
may be liable as a non-performing air carrier to Guests Cunard will at all times endeavour to appoint reputable
and/or the Master of the ship shall be entitled to
in respect of carriage by air, the terms of the and competent local operators who comply with all
exercise any of the powers conferred by clause 30 and
international air conventions (including any prevailing local rules regulations and standards.
clause 31 shall apply.
subsequent amendments and any new convention Cunard will apply the local laws and regulations of the
which may be applicable to a Contract for a fly voyage relevant country to assess performance of the
240 FOR BOOKING CONDITIONS, INFORMATION AND INSURANCE SEE PAGES 232-243
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