BOOKING CONDITIONS
These are the terms and conditions which will apply to your holiday. Please read them carefully as you will be bound by them.
DEFINITIONS
1. In these Conditions and unless the context requires otherwise: “the Contract” means the contract made between Cunard and the Guest relating to the Package; “Voyage” means the voyage on board the ship as described in the relevant Cunard brochure or other documentation published by or on behalf of Cunard; “force majeure” means unusual and unforeseeable circumstances beyond the control of Cunard that Cunard cannot, even with the exercise of reasonable skill and care, provide the Package, or part thereof, including any part of the itinerary, and includes (without limitation) technical problems, war or threat of war, terrorist activity or the threat of terrorist activity, riots, civil commotion, disaster, Act of God, natural and nuclear disaster, fire, closure of ports, strikes or other industrial action, medical problems on board the ship or at intended ports, including, in each case, incidents of infectious or other diseases or illnesses, lawful deviation at sea in response to a distress call or other emergency and adverse weather conditions; “itinerary” means the proposed itinerary as described in the relevant Cunard brochure or other documentation published by or on behalf of Cunard; “the Guest” means each and every person named in the booking and/or a Cunard ticket; “Cunard” means Carnival plc trading as Cunard; “the fare” means the fare for the Package as detailed in the confirmation invoice issued by Cunard (excluding shore excursions and any additional charges shown as such in the relevant Cunard brochure or otherwise advertised) and payable by the Guest under the Contract; “shore excursion” means any excursion offered for sale by Cunard for which a separate charge is payable at the time outside the fare whether reserved in the UK prior to the commencement of the Package or purchased on board the ship; “shuttle service” means any transportation service (ferry, bus, coach or minibus) provided by a third party which may (without guarantee) be available to Cunard’s guests in certain ports; “Package” means the Voyage and any flights to and from the UK and any pre-voyage and/or post- voyage package which is sold at the same time as the Voyage, but not shore excursions or shuttle services; “a significant alteration” means major changes to your voyage; “Supplier(s)” means any company or individual which provides any service forming part of the Package.
THE CONTRACT
2. The Contract shall be between Cunard and the Guest on the basis of these Conditions and the information contained in the brochure, and shall be governed by English law and the non-exclusive jurisdiction of the English courts.
3. By making a booking, the Guest confirms that all persons named in the booking including minors and persons under disability (and their personal representatives) have agreed to be bound by these Conditions and all other terms of the Contract, and that he/she has their authority to do so on their behalf.
4. All Packages are subject to availability at the time of booking. No Contract shall be made until the deposit (or, where appropriate, the full fare) has been paid, whether or not a booking confirmation has been issued, but all money paid to a travel agent shall be treated as having been paid to Cunard. Failure to pay the balance by the due date shall entitle Cunard to cancel the booking and retain the deposit by way of a cancellation charge. Failure to pay any other amount by the due date shall entitle Cunard to cancel the booking and to retain an amount by way of a cancellation charge as set out in clause 38.
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5. A Guest shall not have the right to exclusive occupancy of a stateroom, or hotel room as appropriate, with two or more berths unless the single person supplement is paid. If a cancellation results in a Guest becoming the sole occupant of a stateroom, or hotel room as appropriate, with two or more berths, he/she shall be liable to pay the single person supplement. If a cancellation reduces the number of Guests originally booked together in a stateroom, or hotel room as appropriate, the remaining Guests shall each be liable to pay any increase in the fare arising as the result of such reduction. In the event that all Guests who are booked in a stateroom permanently disembark the ship before the end of the Voyage, then the stateroom will revert to Cunard’s inventory.
6. For Packages including any flights to or from the UK (and if not already confirmed at the time of booking), Cunard will issue an ATOL confirmation invoice giving the details of the flight arrangements (including UK and destination airports) within a reasonable time after such arrangements are known.
7. Shore excursions are available for separate purchase on board and are arranged by Cunard with local operators. They do not form part of the Contract and are not performed by Cunard.
8. A booking may only be made by a person aged 18 or over. All Guests who, at the time of departure, will be under 18 years old must be accompanied by a Guest aged 21 or over who will at all times during the Package be responsible for their welfare, conduct and behaviour. Guests under 16 years old are not permitted to disembark the ship in any port without a Guest who is accompanying them on the Package in accordance with this clause.
9. Children aged 6 months or less at the commencement of the Package will be refused permission to board the ship and Cunard shall have no liability whatsoever for any consequences of such refusal. Certain Packages also have prohibitions on children aged 12 months or less. Guests should check with Cunard before booking.
10. Guests are responsible for ensuring that they arrive in plenty of time for check in for flights to/from the ship including any interconnecting flights. Guests are responsible for checking with regard to any delay/cancellation of flights. Guests must ensure that they have a valid passport and any other necessary travel documents (such as visas) for their Package and should read the relevant section of the Cunard brochure before booking.
11. Cunard may incur a fine if the Guest fails to comply with all relevant visa or documentation requirements for their Package. Cunard reserves the right to re-charge any such fines to the Guest.
AMENDMENTS TO THE CONTRACT
12. In clauses 12 and 13, “another person” means another person who satisfies all conditions applicable to the Package. A Package may be transferred to another person provided that the Guest consults with Cunard prior to purporting to transfer the Package (so that, for example, Cunard may require the Package is transferred to someone on its wait list) and Cunard receives the transfer request more than 56 days before the scheduled departure date (more than 90 days in the case of a world voyage). Between 56 (90 in the case of a world voyage) and 14 days (inclusive) before the scheduled departure date and subject to the conditions above, Cunard will normally agree to such a transfer only where the original Guest will be prevented from travelling by reason of an unavoidable event (such as illness, death of a close relative or jury service) and Cunard may require satisfactory evidence before agreeing to the transfer. All transfers of a Package to another person at any time up to 14 days or more before the scheduled departure date will be subject to an administration charge of £20.
13. Any request for a transfer of a Package to another person which is received by Cunard 13 days or less before the scheduled departure date shall be treated
as a cancellation by the Guest of the Contract and a cancellation charge under clause 38 shall become payable.
14. Any transfer of a Package including any flights will also be subject to any charges imposed by the airline. Guests should note that airlines may not allow transfers on scheduled flights and that a flight booking may have to be cancelled and rebooked, in which event the re-booking will always be subject to flight availability and to payment of any charges imposed by the airline which may, in some cases, be the full cost of the ticket.
15. If a Guest wishes to transfer to another Package, this will generally be treated as a cancellation under clause 38. Cunard, at its discretion, may allow the transfer without treating it as a cancellation if the Cunard holiday to which the transfer is to be made departs within 12 months (within 6 months in the case of transfer from a world voyage) of the original and is for a higher fare. Agreement to transfer a Package would also be conditional upon such a request being made more than 56 days before the original scheduled departure date (more than 90 days in the case of a world voyage); there being availability; and to payment of both an administration charge of £100 and any expenses (such as airline and/or hotel charges) incurred by Cunard as a result. Such a transfer would only be allowed on one occasion. The criteria for allowing transfers may be changed by Cunard at any time without notice.
16. All such transfers to another Package will be treated as a new booking. Any discount or promotion applicable to the original booking may not apply to the new booking, in which case the Guest shall be required to pay any difference in fare.
17. After a Package has been booked, Cunard will try to accommodate any request for a change (such as a change of stateroom), but such changes are always at Cunard’s discretion and are subject to an administration charge of £20.
FITNESS TO TRAVEL
18. The Guest making the booking represents that all Guests in the booking are fit to travel.
19. At the time of booking every Guest is obliged to inform Cunard of any illnesses or physical or mental incapacities which may require special care or assistance. No booking can be accepted for Guests whose physical or mental conditions would render their participation in the Package impossible or dangerous for the individual concerned or for others, or which require methods of care or assistance that are impossible or impracticable to provide on board the ship.
20. Cunard reserves the right to require any Guest to produce medical evidence of fitness to travel on the Package.
21. Guests who may require special treatment or assistance (including Guests who use wheelchairs) must advise Cunard in writing before a booking is made. Guests who use wheelchairs must furnish their own standard size wheelchairs and must be accompanied by a travelling companion fit and able to assist them. Ships’ wheelchairs are available for emergency use only. Further information is contained in the brochure. Cunard reserves the right to refuse passage to any Guest who has failed to notify Cunard of the need for assistance.
22. Cunard and/or the relevant port authorities shall be entitled to administer a Public Health Questionnaire at any time. All Guests agree to complete the pre-boarding questionnaire and to supply accurate information regarding any symptoms of illness including but not limited to gastro-intestinal illness. In the interests of health and safety Cunard may deny boarding to any Guest who has symptoms of any viral or bacterial illness including but not limited to
FOR INFORMATION AND INSURANCE SEE PAGES 246-261
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