relevant Supplier the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of force majeure; or any event which P&O Cruises and/or the relevant Supplier could not even with all due care have foreseen or forestalled. 53. For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in clauses 55 to 60 inclusive, P&O Cruises’ liability for improper performance of the Contract shall be limited to a maximum of twice the price which the Passenger affected paid for the Package (not including insurance premiums and amendment charges) and P&O Cruises shall have no liability for any loss of business or profits, loss of use or any other consequential or indirect loss or damage. 54. All carriage (by land, air and sea) is subject to the terms and conditions of carriage of the actual carrier. These may limit or exclude liability. They are expressly incorporated into the Contract. Copies of these terms and conditions are available on request from P&O Cruises. P&O Cruises will ensure that the Passenger is informed of the identity of the air carrier once it has been finalised and details of likely carriers are contained in the brochure. P&O Cruises does not use any carrier on the EU banned carrier list, available via our website. The liability of P&O Cruises will not exceed that of any carrier. 55. Carriage of Passengers and their luggage by air is governed by various international conventions (hereinafter “the international air conventions”), including the Warsaw Convention 1929 (whether as amended by the Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) or the Montreal Convention 1999. Flights between the UK and any member state of the European Union are currently governed by EC Regulation 889/2002 which gives legal effect to the Montreal Convention 1999. To the extent that P&O Cruises may be liable as a non-performing air carrier to Passengers in respect of carriage by air, the terms of the international air conventions (including any subsequent amendments and any new convention which may be applicable to a Contract for a fly cruise between P&O Cruises and a Passenger) are expressly incorporated into these Conditions. The international air conventions may permit the carrier to limit its liability for death and personal injury, loss of and damage to luggage and delay. Insofar as P&O Cruises may have any liability to the Passenger in respect of carriage by air, it shall be determined accordingly. Copies of these conventions are available from P&O Cruises on request. 56. Carriage of Passengers and their luggage by sea, including the Cruise, is governed by the Athens Convention 1974 (whether as subsequently amended or otherwise “the Athens Convention”). A copy is available on request. The Athens Convention is expressly incorporated into these Conditions and any liability of P&O Cruises for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely brought in accordance with the Athens Convention and solely determined in accordance with the Athens Convention. In most cases, the Athens Convention limits the carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Passenger unless written notice is given to P&O Cruises (as carrier): a. in the case of apparent damage, before or at the time of disembarkation or redelivery; b. in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place. 57. Any damages payable by P&O Cruises up to the Athens Convention limits shall be reduced in proportion to any contributory negligence by the Passenger and by the maximum deductible specified in Article 8 (4) of the Athens Convention. 58. Insofar as P&O Cruises may be liable to a Passenger in respect of claims arising out of carriage by air or carriage by sea, P&O Cruises shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual air carrier (including his own terms and conditions of carriage) and under the Athens Convention, and nothing in these Conditions shall be deemed a surrender thereof. To the extent that any provision in these Conditions is made null and void by the Warsaw Convention, the Montreal Convention or the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but no further. 59. Insofar as the Cruise may be performed on a ship not owned by P&O Cruises, it is agreed that P&O Cruises shall at all times nevertheless be deemed a ship owner for the purposes of the Convention on Limitation of Liability for Maritime Claims 1976, whether as amended by the Protocol of 1996 or otherwise and as in force in any relevant jurisdiction from time to time, and so entitled to limit liability thereunder. 60. Except for claims arising out of carriage by air (as provided by clause 55), any liability in respect of death and personal injury and loss of and damage to luggage which P&O Cruises may incur to the Passenger during sea carriage, whether under the Contract in accordance with these Conditions or otherwise, shall always be subject to the limits of liability contained in the Athens
66 WWW.POCRUISES.CO.UK
Convention. 61. In respect of any claims for loss of or damage to property including luggage which are not covered by international conventions including the Athens Convention and/or the Montreal Convention and where liability is not limited by reference to any enactment, terms or conditions then any legal liability that P&O Cruises may have for any such losses will be limited to £500.00 per Passenger. P&O Cruises shall not be liable for lost valuables including jewellery and/or monies under any circumstances. Passengers must ensure that their personal possessions and valuables are with them at all times. 62. Hotels and shuttle services included in the Package are arranged by P&O Cruises with local Suppliers who may themselves engage the services of local operators. Standards of hygiene, accommodation and transport in many countries where excursions take place are often lower than comparable standards in the UK. P&O Cruises will at all times endeavour to appoint reputable and competent local Suppliers. The terms and conditions of the hotels and shuttle services will be applicable and are expressly incorporated into the Contract. These may limit or exclude liability of the hotelier or the shuttle services operators. The liability of P&O Cruises will not exceed that of any hotelier and/or shuttle services operator. Local laws and regulations of the relevant country will be relevant in assessing performance of the Package services.
In the event of a complaint
by a Passenger, the Contract will be regarded as having been performed if local laws and regulations relating to those services have been satisfied even if the laws of England and Wales have not been met. P&O Cruises is not responsible for any improper or non-performance of such services 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 the services to be provided; unusual and unforeseeable circumstances beyond the control of P&O Cruises and/or the relevant Supplier the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of force majeure; or any event which P&O Cruises and/or the relevant Supplier could not even with all due care have foreseen or forestalled. 63. P&O Cruises does not include any shore excursions in the price. Shore excursions do not form any part of a Package. Shore excursions may be reserved after a Package has been booked from a separate shore excursions brochure or online. Reservations may be made for a specified period prior to the Cruise commencing. Purchases may also be made onboard the ship. 64. Any shore excursions booked will be supplied by local operators. P&O Cruises will at all times endeavour to appoint reputable and competent local operators who apply the local laws and regulations of the relevant country. Shore excursion operators are not P&O Cruises’ servants, agents or suppliers. P&O Cruises is not responsible for any acts or omissions which are wholly attributable to the fault of the local operators. P&O Cruises does not operate, perform or otherwise organise and/or audit any shore excursions. All Passengers must ensure that they are fit and healthy to undertake shore excursions. All shore excursions are governed by the terms and conditions in the shore excursions brochure. 65. All employees, agents, contractors and their sub-contractors (including Suppliers as defined in clause 1), as well as all insurers of both P&O Cruises and its Suppliers shall have the benefit of the same rights, defences, immunities and limitations available to P&O Cruises under these Conditions.
ACTIONS, CLAIMS AND TIME LIMITS 66. Any action by a Passenger arising out of carriage by air or sea must be commenced within the time limit prescribed by the Warsaw Convention, the Montreal Convention or the Athens Convention, as applicable. 67. If a court or tribunal applies any law other than English law, P&O Cruises shall (in respect of all exclusions and limitations of liability) be entitled to the maximum protection allowed by that law including statutory protection of limitation as to the amount of damages recoverable. 68. Some disputes involving claims to a limited amount may, if the Passenger so wishes, be referred to arbitration under schemes devised by the Chartered Institute of Arbitrators for the Passenger Shipping Association and ABTA. An application for arbitration must be made within nine months of disembarkation from the ship. In addition, the Passenger Shipping Association offers a low cost conciliation procedure where a non-binding review of correspondence is undertaken by an independent conciliator. Details of these schemes are available on request.
CONSUMER PROTECTION 69. When a Passenger buys an ATOL protected fly cruise from P&O Cruises in the UK they will receive a Confirmation Invoice from P&O Cruises (or via the authorised agent through which they booked) confirming the Passenger’s arrangements and protection under P&O Cruises’ Air Travel Organiser’s Licence number 6294.
Passenger has paid to P&O Cruises for an advance booking. For further information, visit the ATOL website at
www.atol.org.uk. 70. Not all Packages offered and sold by P&O Cruises will be protected by the ATOL scheme. All non-fly cruises sold by P&O Cruises in the UK are protected under the ABTA scheme of financial protection. In the unlikely event of P&O Cruises’ insolvency, ABTA will ensure that Passengers booked on non-fly cruises are not stranded abroad and will arrange to refund any money paid to P&O Cruises for an advance booking. Cruises sold overseas may be covered by consumer protection schemes in place in the country of sale or by the protection scheme operated by ABTA, and Passengers should contact P&O Cruises for confirmation of what protection may apply to their booking.
DATA PROTECTION 71. In clauses 71 to 73, “you” means the Passenger. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, P&O Cruises needs to use the personal information you provide such as name, address, any special needs, health, medical, mobility or dietary requirements, etc. P&O Cruises may pass personal information on to other relevant suppliers of your travel arrangements such as travel agents, airlines, hotels, and transport companies. Your personal information may also be provided to security and/or credit checking companies, credit and debit card companies, government and enforcement agencies, public authorities such as customs and immigration if required by them, or as required by law. This may involve sending your personal information between different countries, including countries outside the European Economic Area (EEA) where controls on data protection may not be as strong as the legal requirements in this country. This may also apply to any sensitive information that you give to us such as details of any disabilities or dietary/religious requirements. If P&O Cruises cannot pass your personal information on to the relevant suppliers, whether in the EEA or not, P&O Cruises cannot properly affect your booking. For the safety and security of the ship and its Passengers, P&O Cruises may operate closed circuit television (CCTV) in certain areas on board the ship during your Cruise. Please be aware, however, that P&O Cruises does not undertake to operate all cameras or monitor or record CCTV images at all times. 72. The personal information you provide to P&O Cruises, or which is obtained through your dealings with P&O Cruises or other Carnival group cruise brands, will also be used by Carnival plc and Carnival Corporation group companies or by processors on their behalf: to review your dealings with Carnival plc and Carnival Corporation brands including your purchasing and entertainment preferences; to review, develop and improve the cruises and services Carnival offers; for market research purposes and for statistical analysis. This may involve transferring your personal information to Carnival Corporation group companies in the US. 73. P&O Cruises is a Carnival plc brand. Carnival plc and Carnival Corporation group companies (including those in the US) may wish to contact you by post, email and/or telephone with news, information and offers from P&O Cruises and other Carnival group cruise brands (such as Cunard Line, Princess Cruises, Seabourn Cruise Line Ocean Village, Holland America Line, Carnival Cruise Lines and Costa Cruises).
If you have booked
and you would like to alter your marketing preferences you can now do so via the Cruise Personaliser system on the P&O Cruises website. Alternatively, you can write to us at Customer Data Department, P&O Cruises, Carnival House, 100 Harbour Parade, Southampton, SO15 1ST. If you wish to obtain a copy of the personal information held about you, please write to the above address. Carnival plc may make a charge for supplying this information as permitted by law.
In the unlikely event of P&O Cruises’ insolvency,
the CAA will ensure that Passengers booked on fly cruises are not stranded abroad and will arrange to refund any money the
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68