206-209 CC3197 BC 26/10/09 14:17 Page 208
BOOKING CONDITIONS
Period of notification Compensation per confine the Guest to a particular stateroom or to the LIABILITY
given by Cunard full fare paying guest
ship’s medical centre;
52. Subject to paragraphs 52 to 56 Cunard accepts
56 to 43 days 5% voyage credit
through the ship’s doctor and/or his staff, administer
responsibility for death, injury or illness caused by the
42 to 29 days 10% voyage credit
any drug, medicine or other substance of a similar
negligent acts and/or omissions of its Suppliers in
28 to 15 days 15% voyage credit
nature, or admit and/or confine the Guest to a hospital
respect of the Package, but excluding the Voyage.
14 to 0 days 20% voyage credit
or any similar institution at any port as the ship’s
Cunard limits its liability, where applicable, by the
doctor may consider necessary;
conventions referred to in clauses 55 to 60 inclusive.
42. The value of any voyage credit will be calculated by
In any event, Cunard is not responsible for any
reference to the fare actually paid for the cancelled
remove the Guest from the hotel, if appropriate;
improper or non-performance of any services forming
Package and may only be used for other bookings
repatriate the Guest to the United Kingdom. part of the Package which are wholly attributable to
with Cunard. Any such new booking must be made by
the fault of the Guest; the unforeseeable or
no later than 31 December of the year after the date of
46. In the event of Cunard and/or the Master acting in
unavoidable act or omission of a third party
the original Package. Credit vouchers may be
accordance with clause 45 above, neither the Guest
unconnected with the provision of any services to be
redeemed against the fare of the new Package net of
nor (at the sole discretion of Cunard) any other person
provided under the Contract; unusual and
any discount available to the Guest at the time of
travelling with the Guest (whether or not under the
unforeseeable circumstances beyond the control of
booking. The compensation set out above does not
same booking) shall be entitled to make a claim
Cunard and/or the relevant Supplier the consequences
exclude the Guest from claiming more if he/she is
against Cunard for any loss or expense incurred as a
of which could not have been avoided even if all due
entitled to do so or from requesting that
result of such action, whether for a full or partial refund
care had been exercised, including (but not limited to)
compensation be provided in a different form. No
of the fare or for any other form of compensation or
an event of force majeure; or any event which Cunard
consequential costs or expenses or loss of profits will
for the cost of returning to the United Kingdom or to
and/or the relevant Supplier could not even with all
be payable.
any other place or for any other form of loss or
due care have foreseen or forestalled.
expense whatsoever. Where the Guest is repatriated
pursuant to this clause at Cunard’s expense, Cunard
53. For claims not involving personal injury, death or
ALTERATION AND CANCELLATION BY CUNARD
shall have the right to recover the cost of this.
illness or which are not subject to the conventions
AFTER DEPARTURE
referred to in clauses 55 to 60 inclusive, Cunard's
43. After departure, Cunard does not guarantee that the 47. If any Guest is denied the right to board an aircraft
liability for improper performance of the Contract shall
ship will call at every port on the itinerary or follow because, in the reasonable opinion of the Captain, the
be limited to a maximum of twice the fare which the
every part of the advertised route or schedule or that
Guest is unfit to travel or represents a threat to the
Guest affected paid for the Package (not including
every part of the Package will be provided. Cunard
safety of the aircraft or its passengers or crew or is
insurance premiums and amendment charges) and
reserves the absolute right to decide whether or not
abusive or disruptive, Cunard will not be liable to
Cunard shall have no liability for any loss of business or
to omit any such port(s) and/or to call at additional
complete the Guest's holiday arrangements and will
profits, loss of use or any other consequential or
ports and/or to change the advertised route, schedule
not be liable to pay any refunds or compensation. If an
indirect loss or damage.
or Package. If Cunard is unable to provide a significant
aircraft is forced to make an unscheduled landing as a
proportion of the Package, it will make suitable
54. All carriage (by land, air and sea) is subject to the terms
result of the conduct of any Guest, Cunard shall have
alternative arrangements, at no extra cost to the
and conditions of carriage of the actual carrier. These
the right to recover the full cost thereof from the
Guest, for the continuation of the Package. If the Guest
may limit or exclude liability. They are expressly
Guest.
does not accept them, for good reasons, or, if it is
incorporated into the Contract. Copies of these terms
impossible to make suitable alternative arrangements
48. For security reasons, it may be necessary at any time
and conditions are available on request from Cunard.
Cunard will, where appropriate, provide the Guest with
to search Guests and/or their luggage and goods and
Cunard will ensure that the Guest is informed of the
transport back to the place of departure or to another
the Guest agrees to allow such search upon being so identity of the air carrier once it has been finalised and
place to which Cunard and the Guest have agreed.
requested by the Master or any other authorised details of likely carriers are contained in the brochure.
In both cases Cunard will, where appropriate,
person. Cunard does not use any carrier on the EU banned
compensate the Guest. Please note that compensation
49. The Guest must not bring on board the ship any goods
carrier list, available via our website. The liability of
will not be payable if an alteration is minor or if Cunard
or articles of an inflammable or dangerous nature, nor
Cunard will not exceed that of any carrier.
is not able to provide a significant proportion of the
any controlled or prohibited substance, nor any 55. Carriage of Guests and their luggage by air is governed
Package due to force majeure.
animals. To do so shall be a breach of these Conditions by various international conventions (hereinafter “the
44. Transit or part transit of straits, other sea areas
and shall render the Guest strictly liable to Cunard for international air conventions”), including the Warsaw
controlled by vessel traffic schemes, canals, rivers and any injury, loss, damage or expense and the Guest
Convention 1929 (whether as amended by the Hague
all other navigable waterways may be subject to delay shall compensate Cunard in full for any loss, damage or
Protocol 1955 or the Montreal Protocol 1999 or
due to operational circumstances and/or the expense suffered by Cunard as a result of such breach.
otherwise) or the Montreal Convention 1999. Flights
requirements of the local authorities and Cunard The Guest may also be personally liable to statutory
between the UK and any member state of the
shall have no liability whatsoever in respect of any penalties. The Master (or any other officer delegated
European Union are currently governed by EC
such delay. for the purpose) shall be entitled at all times to enter
Regulation 889/2002 which gives legal effect to the
and search the stateroom and personal luggage
Montreal Convention 1999. To the extent that Cunard
SECURITY, SAFETY AND SUPPORT
(whether or not in the stateroom) of any Guest whom
may be liable as a non-performing air carrier to Guests
45. Guests are expected at all times to conduct themselves the Master reasonably believes may be in breach of
in respect of carriage by air, the terms of the
in a proper manner and with due regard to the health, this clause. Where the Guest is found to be in breach of
international air conventions (including any
safety, comfort, enjoyment and general well-being of this clause, Cunard and/or the Master of the ship shall
subsequent amendments and any new convention
all persons both on board the ship and involved in the be entitled to exercise any of the powers conferred by
which may be applicable to a Contract for a fly voyage
provision of any service or facility forming part of the clause 45 and clause 46 shall apply.
between Cunard and a Guest) are expressly
Package or any shore excursion, and the Guest
incorporated into these Conditions. The international
50. Any crew member or other person authorised by
expressly agrees to this. If it appears that a Guest’s
air conventions may permit the carrier to limit its
Cunard shall be entitled to enter a Guest’s stateroom
conduct, behaviour or health is such as to be a breach
liability for death and personal injury, loss of and
to carry out necessary inspection, maintenance or
of this requirement or the Guest's behaviour, health or
damage to luggage and delay. Insofar as Cunard may
repair work or for any purpose associated therewith.
conduct is likely to endanger the Guest’s own health or
have any liability to the Guest in respect of carriage by
safety or that of any other Guest or crew or may make
air, it shall be determined accordingly. Copies of these
COMPLAINTS
the Guest likely to be refused permission to go ashore
conventions are available from Cunard on request.
at any port or may make Cunard liable for the costs of
51. Any problem which arises during a holiday must be
56. Carriage of Guests and their luggage by sea, including
any medical treatment and/or maintenance and
raised by the Guest at the time with a representative of
the Voyage, is governed by the Athens Convention
support and/or repatriation, then Cunard and/or the
Cunard. If the problem is not resolved to the full
1974 (whether as subsequently amended or otherwise
Master shall have the right according to the particular
satisfaction of the Guest during the holiday, it is
“the Athens Convention”). A copy is available on
circumstances to take any one or more of the
essential that to enable the complaint to be
request. The Athens Convention is expressly
following measures as may appear to be reasonable
investigated properly it must be notified in writing to
incorporated into these Conditions and any liability of
and appropriate –
Cunard at the earliest opportunity thereafter and in
Cunard for death or personal injury or for loss of or
any event no later than 28 days after the Guest’s
refuse to embark or to disembark the Guest at any
damage to luggage arising out of carriage by sea shall
particular port or other place of call;
return from the Package. Failure to report the be solely brought in accordance with the Athens
complaint within this time may adversely affect Convention and solely determined in accordance with
disembark the Guest;
Cunard’s ability to investigate and deal with it and may the Athens Convention. In most cases, the Athens
transfer the Guest to another berth; prejudice any future claim. Convention limits the carrier’s liability for death or
208
FOR BOOKING CONDITIONS, INFORMATION AND INSURANCE SEE PAGES 200-211
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