206-209 CC3197 BC 26/10/09 14:18 Page 209
personal injury or loss of or damage to luggage and Cunard is not responsible for any improper or non- 70. Not all Packages offered and sold by Cunard will be
makes special provision for valuables. It presumes that performance of such services which are wholly protected by the ATOL scheme. All non-fly voyages
luggage has been delivered undamaged to the Guest attributable to the fault of the Guest; the sold by Cunard in the UK are protected under the ABTA
unless written notice is given to Cunard (as carrier): unforeseeable or unavoidable act or omission of a scheme of financial protection. In the unlikely event of
(a) in the case of apparent damage, before or at the time
third party unconnected with the provision of the Cunard’s insolvency, ABTA will ensure that Guests
of disembarkation or redelivery;
services to be provided; unusual and unforeseeable booked on non-fly voyages are not stranded abroad
circumstances beyond the control of Cunard and/or and will arrange to refund any money paid to Cunard
(b) in the case of damage which is not apparent or of loss,
the relevant Supplier the consequences of which could
for an advance booking. Voyages sold overseas may
within 15 days from the date of disembarkation or
not have been avoided even if all due care had been
redelivery or from the time when such redelivery
be covered by consumer protection schemes in place
exercised, including (but not limited to) an event of
should have taken place.
in the country of sale or by the protection scheme
force majeure; or any event which Cunard and/or the
operated by ABTA, and Guests should contact Cunard
57. Any damages payable by Cunard up to the Athens
relevant Supplier could not even with all due care have
for confirmation of what protection may apply to
Convention limits shall be reduced in proportion to any
foreseen or forestalled.
their booking.
contributory negligence by the Guest and by the
63. Cunard does not include any shore excursions in the
maximum deductible specified in Article 8 (4) of the
fare. Shore excursions do not form any part of a
DATA PROTECTION
Athens Convention.
Package. Shore excursions may be reserved after a 71. In clauses 71 to 73, “you” means the Guest. In order to
58. Insofar as Cunard may be liable to a Guest in respect of
Package has been booked from a separate shore process your booking and to ensure that your travel
claims arising out of carriage by air or carriage by sea,
excursions brochure or online. Reservations may be arrangements run smoothly and meet your
Cunard shall be entitled to all the rights, defences,
made for a specified period prior to the Voyage requirements, Cunard needs to use the personal
immunities and limitations available, respectively, to
commencing. Purchases may also be made onboard information you provide such as name, address, any
the actual air carrier (including his own terms and
the ship.
special needs, health, medical, mobility or dietary
conditions of carriage) and under the Athens
requirements, etc. Cunard may pass personal
Convention, and nothing in these Conditions shall be
64. Any shore excursions booked will be supplied by local
information on to other relevant suppliers of your
deemed a surrender thereof. To the extent that any
operators. Cunard will at all times endeavour to
travel arrangements such as travel agents, airlines,
provision in these Conditions is made null and void by
appoint reputable and competent local operators who
hotels, and transport companies. Your personal
the Warsaw Convention, the Montreal Convention or
apply the local laws and regulations of the relevant
information may also be provided to security and/or
the Athens Convention or any legislation compulsorily
country. Shore excursion operators are not Cunard’s
credit checking companies, credit and debit card
applicable or is otherwise unenforceable, it shall be
servants, agents or suppliers. Cunard is not responsible
companies, government and enforcement agencies,
void to that extent but no further.
for any acts or omissions which are wholly attributable
to the fault of the local operators. Cunard does not public authorities such as customs and immigration if
59. Insofar as the Voyage may be performed on a ship not
operate, perform or otherwise organise and/or audit required by them, or as required by law. This may
owned by Cunard, it is agreed that Cunard shall at all
any shore excursions. All Guests must ensure that they involve sending your personal information between
times nevertheless be deemed a ship owner for the
are fit and healthy to undertake shore excursions. All different countries, including countries outside the
purposes of the Convention on Limitation of Liability
shore excursions are governed by the terms and European Economic Area (EEA) where controls on
for Maritime Claims 1976, whether as amended by the
conditions in the shore excursions brochure. data protection may not be as strong as the legal
Protocol of 1996 or otherwise and as in force in any
requirements in this country. This may also apply to
relevant jurisdiction from time to time, and so entitled
65. All employees, agents, contractors and their
any sensitive information that you give to us such as
to limit liability thereunder.
sub-contractors (including Suppliers as defined in
clause 1), as well as all insurers of both Cunard and its
details of any disabilities or dietary/religious
60. Except for claims arising out of carriage by air (as
Suppliers shall have the benefit of the same rights,
requirements. If Cunard cannot pass your personal
provided by clause 55), any liability in respect of death
defences, immunities and limitations available to
information on to the relevant suppliers, whether in
and personal injury and loss of and damage to luggage
Cunard under these Conditions.
the EEA or not, Cunard cannot properly affect your
which Cunard may incur to the Guest during sea
booking. For the safety and security of the ship and its
carriage, whether under the Contract in accordance
Guests, Cunard may operate closed circuit television
ACTIONS, CLAIMS AND TIME LIMITS
with these Conditions or otherwise, shall always
(CCTV) in certain areas on board the ship during your
be subject to the limits of liability contained in the
66. Any action by a Guest arising out of carriage by air or
Voyage. Please be aware, however, that Cunard does
Athens Convention.
sea must be commenced within the time limit
prescribed by the Warsaw Convention, the Montreal
not undertake to operate all cameras or monitor or
61. In respect of any claims for loss of or damage to
Convention or the Athens Convention, as applicable.
record CCTV images at all times.
property including luggage which are not covered by
international conventions including the Athens
67. If a court or tribunal applies any law other than English
72. The personal information you provide to Cunard, or
Convention and/or the Montreal Convention and
law, Cunard shall (in respect of all exclusions
which is obtained through your dealings with Cunard
where liability is not limited by reference to any
and limitations of liability) be entitled to the maximum
or other Carnival group cruise brands, will also be used
enactment, terms or conditions then any legal liability
protection allowed by that law including statutory
by Carnival plc and Carnival Corporation group
that Cunard may have for any such losses will be
protection of limitation as to the amount of damages
companies or by processors on their behalf: to review
limited to £500.00 per Guest. Cunard shall not be
recoverable.
your dealings with Carnival plc and Carnival
Corporation brands including your purchasing and
liable for lost valuables including jewellery and/or 68. Some disputes involving claims to a limited amount
entertainment preferences; to review, develop and
monies under any circumstances. Guests must ensure may, if the Guest so wishes, be referred to arbitration
improve the voyages and services Carnival offers; for
that their personal possessions and valuables are with under schemes devised by the Chartered Institute of
market research purposes and for statistical analysis.
them at all times. Arbitrators for the Passenger Shipping Association
62. Hotels and shuttle services included in the Package
and ABTA. An application for arbitration must be made
This may involve transferring your personal
are arranged by Cunard with local Suppliers who may
within nine months of disembarkation from the ship. In
information to Carnival Corporation group companies
themselves engage the services of local operators.
addition, the Passenger Shipping Association offers a
in the US.
Standards of hygiene, accommodation and transport
low cost conciliation procedure where a non-binding 73. Cunard is a Carnival plc brand. Carnival plc and Carnival
in many countries where excursions take place are
review of correspondence is undertaken by an Corporation group companies (including those in the
often lower than comparable standards in the UK.
independent conciliator. Details of these schemes are US) may wish to contact you by post, email and/or
Cunard will at all times endeavour to appoint reputable
available on request. telephone with news, information and offers from
and competent local Suppliers. The terms and
Cunard and other Carnival group cruise brands (such
conditions of the hotels and shuttle services will be
CONSUMER PROTECTION as P&O Cruises, Princess Cruises, Seabourn Cruise
applicable and are expressly incorporated into the 69. When a Guest buys an ATOL protected fly voyage from
Line, Ocean Village, Holland America Line, Carnival
Contract. These may limit or exclude liability of the Cunard in the UK they will receive a Confirmation
Cruise Lines and Costa Cruises). If you have booked
hotelier or the shuttle services operators. The liability Invoice from Cunard (or via the authorised agent
and you would like to alter your marketing preferences
of Cunard will not exceed that of any hotelier and/or through which they booked) confirming the Guest’s
you can now do so via the Voyage Personaliser system
shuttle services operator. Local laws and regulations arrangements and protection under Cunard’s Air Travel
on the Cunard website. Alternatively, you can write to
of the relevant country will be relevant in assessing Organiser’s Licence number 6294. In the unlikely
us at Customer Data Department, Cunard, Carnival
performance of the Package services. In the event of event of Cunard’s insolvency, the CAA will ensure that House, 100 Harbour Parade, Southampton, SO15 1ST.
a complaint by a Guest, the Contract will be regarded Guests booked on fly voyages are not stranded abroad If you wish to obtain a copy of the personal
as having been performed if local laws and regulations and will arrange to refund any money the Guest has information held about you, please write to the above
relating to those services have been satisfied even if paid to Cunard for an advance booking. For further address. Carnival plc may make a charge for supplying
the laws of England and Wales have not been met. information, visit the ATOL website at
www.atol.org.uk. this information as permitted by law.
To book and for current fares, visit
www.cunard.com, call 0845 071 0300 or contact your travel agent
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