BOOKING CONDITIONS P&O CRUISES
the Package. The insurance policy must, as a minimum, include medical and repatriation coverage for not less than £2 million. 33. Wherever possible, P&O Cruises will offer general assistance to any Passenger who suffers illness, personal injury or death during the period of the Package, whether or not arising from an activity forming part of the Package and whether or not the result of fault by any party. 34. Any cost or expense which is reasonably incurred by P&O Cruises for or on behalf of the Passenger in respect of any form of medical, dental or similar treatment, hotel, transportation, repatriation or any other expense shall be repayable by the Passenger to P&O Cruises, whether or not such sum is covered by the Passenger’s travel insurance.
PRICES AND EXTRAS 35. All prices are based on costs and exchange rates as at 1 March 2010. P&O Cruises reserves the right to vary particulars and prices shown in the brochure after the date of publication. Prices, discounts, supplements and special offers advertised in the brochure or elsewhere may be withdrawn or changed. Prices may go up or down. Passengers should contact their travel agent for up to date prices and charges before booking, call us on +44 2380 657064, email us at
overseas.reservations@
pocruises.com or visit our website:
www.pocruises.co.uk. 36. The price of your Package can be varied due to changes in transportation costs such as fuel, scheduled air fares and other airline cost changes which are part of the contract between the airline (and their agents) and P&O Cruises, government action such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation. In the case of any small variation, an amount equivalent to 2 per cent of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed for increases but not retained from refunds. For larger variations this 2 per cent will still be absorbed for increases but not retained from refunds.
In either case there
will be an administration charge of £1 per Passenger, together with an amount to cover agents’ commission. If this means the Passenger has to pay an increase of more than 10 per cent of the price of the Package, the Passenger may cancel the Contract and receive a full refund of all monies paid, except for any amendment charges or insurance premiums. No consequential costs or expenses or loss of profits will be payable. P&O Cruises will consider an appropriate refund of insurance premiums paid if the Passenger can show that he/she was unable to transfer or re-use the policy. Should the Passenger decide to cancel for this reason, the Passenger must exercise his right to do so within 14 days from the issue date printed on the final invoice. Alternatively, the Passenger can accept an offer of an alternative Package if P&O Cruises is able to provide an alternative and transfer payment made in respect of the original Package to the alternative Package.
If the cost of the alternative Package
is less than the original Package the difference in price will be refundable. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your Package due to contractual and other protection in place. 37. All accounts for on-board services and goods and for shore excursions must be settled in full before the Passenger leaves the ship. In the event that a Passenger fails to settle his on-board account at or before the completion of the Cruise, P&O Cruises shall be entitled to make a reasonable administration charge for the subsequent collection of such sum due in addition to any costs of legal process.
CANCELLATION BY THE PASSENGER 38. The Passenger may cancel the Contract at any time prior to the commencement of the Package via their travel agent or, for Passengers who have booked direct, by calling our Reservations Department, but in that event P&O Cruises shall be entitled to levy a cancellation charge as a percentage of the price paid in accordance with the following scales.
Period before departure within which written notice of cancellation is received by P&O Cruises
From the date of booking until 57 days before departure (until 91 days before departure in the case of a world cruise & Alaska)
56 to 42 days (90 to 42 days in the case of a world cruise & Alaska) 41 to 16 days 15 to 6 days
Less than 6 days before departure or failure to embark. For fly cruises, departure day is the date of the flight departure.
Cancellation charges (percentage of price paid) Deposit
45% 75%
90% 100%
39. It may be possible for the Passenger to re-claim these cancellation charges (less any applicable excess) under the terms of the Passenger’s insurance policy. Claims should be submitted to the appropriate insurer. After departure, if the Passenger disembarks whether by reason of sickness or any other reason the Passenger will not be entitled to a refund of a proportion of
the Package not used.
ALTERATION AND CANCELLATION BY P&O CRUISES PRIOR TO DEPARTURE 40. Whilst P&O Cruises will do its best not to cancel or to make any significant alteration after a booking has been made, it shall nevertheless be entitled at any time prior to departure to cancel the Contract or to change and/or curtail the Package where this reasonably becomes necessary on operational, commercial or other grounds. P&O Cruises will inform the Passenger of any such cancellation or change of Package as quickly as possible (with, where appropriate, written confirmation as soon as reasonably possible thereafter).
If P&O Cruises makes a significant alteration
to the Package it will inform the Passenger or his travel agent as soon as reasonably possible. The Passenger will have the choice of either accepting the alteration, accepting an offer of an alternative Package of comparable standard if available (P&O Cruises will refund any price difference if the alternative is of a lower value) or cancelling the Package and receiving a full refund of all monies paid. The Passenger recognises and agrees that it will not normally be possible for P&O Cruises to offer an appropriate substitute Package which is available at about the same time as and/or with a similar itinerary to that originally booked, but P&O Cruises will do its best to provide a suitable alternative Package of similar duration and value. The Passenger must notify P&O Cruises of his decision as soon as reasonably possible and in any event not later than 14 days of being informed of the significant alteration.
41. If the Passenger cancels the Package in the circumstances set out in clause 40 or if P&O Cruises cancels the Package, the Passenger shall also be entitled to compensation as follows (except if the change or cancellation is due to force majeure, non-payment by the Passenger or where the minimum number of Passengers required for a Package to proceed is not reached).
Period of notification given by P&O Cruises
42 to 29 days 28 to 15 days 14 to 0 days
Compensation per full fare paying passenger
56 to 43 days (90 to 43 days in the case of a world cruise & Alaska) 5% cruise credit
10% cruise credit 15% cruise credit 20% cruise credit
42. The value of any cruise credit will be calculated by reference to the price actually paid for the cancelled Package and may only be used for other bookings with P&O Cruises. Any such new booking must be made by no later than 31 December of the year after the date of the original Package. Credit vouchers may be redeemed against the price of the new Package net of any discount available to the Passenger at the time of booking. The compensation set out above does not exclude the Passenger from claiming more if he/she is entitled to do so or from requesting that compensation be provided in a different form. No consequential costs or expenses or loss of profits will be payable.
ALTERATION AND CANCELLATION BY P&O CRUISES AFTER DEPARTURE 43. After departure, P&O Cruises does not guarantee that the ship will call at every port on the itinerary or follow every part of the advertised route or schedule or that every part of the Package will be provided. P&O Cruises reserves the absolute right to decide whether or not to omit any such port(s) and/ or to call at additional ports and/or to change the advertised route, schedule or Package.
a significant proportion of the Package, it will make suitable alternative arrangements, at no extra cost to the Passenger, for the continuation of the Package.
breach of this requirement or the Passenger’s behaviour, health or conduct is likely to endanger the Passenger’s own health or safety or that of any other Passenger or crew or may make the Passenger likely to be refused permission to go ashore at any port or may make P&O Cruises liable for the costs of any medical treatment and/or maintenance and support and/or repatriation, then P&O Cruises and/or the Master shall have the right according to the particular circumstances to take any one or more of the following measures as may appear to be reasonable and appropriate – • refuse to embark or to disembark the Passenger at any particular port or other place of call;
• disembark the Passenger; • transfer the Passenger to another berth; • confine the Passenger to a particular stateroom or to the ship’s medical centre;
• through the ship’s doctor and/or his staff, administer any drug, medicine or other substance of a similar nature, or admit and/ or confine the Passenger to a hospital or any similar institution at any port as the ship’s doctor may consider necessary.
If P&O Cruises is unable to provide If the Passenger does not
accept them, for good reasons, or, if it is impossible to make suitable alternative arrangements P&O Cruises will, where appropriate, provide the Passenger with transport back to the place of departure or to another place to which P&O Cruises and the Passenger have agreed.
46. In the event of P&O Cruises and/or the Master acting in accordance with clause 45 above, neither the Passenger nor (at the sole discretion of P&O Cruises) any other person travelling with the Passenger (whether or not under the same booking) shall be entitled to make a claim against P&O Cruises for any loss or expense incurred as a result of such action, whether for a full or partial refund of the price or for any other form of compensation or for the cost of returning to the United Kingdom or to any other place or for any other form of loss or expense whatsoever. Where the Passenger is repatriated pursuant to this clause at P&O Cruises’ expense, P&O Cruises shall have the right to recover the cost of this. 47. If any Passenger is denied the right to board an aircraft because, in the reasonable opinion of the Captain, the Passenger is unfit to travel or represents a threat to the safety of the aircraft or its passengers or crew or is abusive or disruptive, P&O Cruises will not be liable to complete the Passenger’s holiday arrangements and will not be liable to pay any refunds or compensation. If an aircraft is forced to make an unscheduled landing as a result of the conduct of any Passenger, P&O Cruises shall have the right to recover the full cost thereof from the Passenger. 48. For security reasons, it may be necessary at any time to search Passengers and/or their luggage and goods and the Passenger agrees to allow such search upon being so requested by the Master or any other authorised person. 49. The Passenger must not bring on board the ship any goods or articles of an inflammable or dangerous nature, nor any controlled or prohibited substance, nor any animals. To do so shall be a breach of these Conditions and shall render the Passenger strictly liable to P&O Cruises for any injury, loss, damage or expense and the Passenger shall compensate P&O Cruises in full for any loss, damage or expense suffered by P&O Cruises as a result of such breach. The Passenger may also be personally liable to statutory penalties. The Master (or any other officer delegated for the purpose) shall be entitled at all times to enter and search the stateroom and personal luggage (whether or not in the stateroom) of any Passenger whom the Master reasonably believes may be in breach of this clause. Where the Passenger is found to be in breach of this clause, P&O Cruises and/or the Master of the ship shall be entitled to exercise any of the powers conferred by clause 45 and clause 46 shall apply. 50. Any crew member or other person authorised by P&O Cruises shall be entitled to enter a Passenger’s stateroom to carry out necessary inspection, maintenance or repair work or for any purpose associated therewith.
In both cases P&O Cruises will,
where appropriate, compensate the Passenger. Please note that compensation will not be payable if an alteration is minor or if P&O Cruises is not able to provide a significant proportion of the Package due to force majeure. 44. Transit or part transit of straits, other sea areas controlled by vessel traffic schemes, canals, rivers and all other navigable waterways may be subject to delay due to operational circumstances and/or the requirements of the local authorities and P&O Cruises shall have no liability whatsoever in respect of any such delay.
SECURITY, SAFETY AND SUPPORT 45. Passengers are expected at all times to conduct themselves in a proper manner and with due regard to the health, safety, comfort, enjoyment and general well-being of all persons both on board the ship and involved in the provision of any service or facility forming part of the Package or any shore excursion, and the Passenger expressly agrees to this. If it appears that a Passenger’s conduct, behaviour or health is such as to be a
COMPLAINTS 51. Any problem which arises during a holiday must be raised by the Passenger at the time with a representative of P&O Cruises. If the problem is not resolved to the full satisfaction of the Passenger during the holiday, it is essential that to enable the complaint to be investigated properly it must be notified in writing to P&O Cruises at the earliest opportunity thereafter and in any event no later than 28 days after the Passenger’s return from the Package. Failure to report the complaint within this time may adversely affect P&O Cruises’ ability to investigate and deal with it and may prejudice any future claim.
LIABILITY 52. Subject to paragraphs 52 to 56 P&O Cruises accepts responsibility for death, injury or illness caused by the negligent acts and/or omissions of its Suppliers in respect of the Package, but excluding the Cruise. P&O Cruises limits its liability, where applicable, by the conventions referred to in clauses 55 to 60 inclusive.
In any event, P&O Cruises is not responsible for any
improper or non-performance of any services forming part of the Package which are wholly attributable to the fault of the Passenger; the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; unusual and unforeseeable circumstances beyond the control of P&O Cruises and/or the
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