170-173 CC2961 Extros 30/10/08 15:45 Page 3
Booking Conditions
LIABILITY 42. Insofar as Cunard may be liable to a Guest in respect of low cost conciliation procedure where a non-binding
37. Cunard accepts responsibility for death, injury or illness
claims arising out of carriage by air or carriage by sea, review of correspondence is undertaken by an
caused by the negligent acts and/or omissions of it and its
Cunard shall be entitled to all the rights, defences, independent conciliator. Details of these schemes are
Suppliers. Cunard limits its liability, where applicable by the
immunities and limitations available, respectively, to the available on request.
conventions referred to in clauses 40 to 44 inclusive. In any
actual air carrier (including its own terms and conditions of
event, Cunard is not responsible for any improper or non-
carriage) and under the Athens Convention, and nothing in CONSUMER PROTECTION
performance which is wholly attributable to the fault of the
these Conditions shall be deemed a surrender thereof. To
Guest; the unforeseeable or unavoidable act or omission of
the extent that any provision in these Conditions is made
50. When a Guest buys an ATOL protected fly voyage from
a third party unconnected with the provision of any
null and void by the Warsaw Convention, the Montreal
Cunard in the UK they will receive a Confirmation Invoice
services to be provided under the Contract; unusual and
Convention or the Athens Convention or any legislation
from Cunard (or via the authorised agent through which
unforeseeable circumstances beyond the control of
compulsorily applicable or is otherwise unenforceable, it
they booked) confirming the Guest’s arrangements and
Cunard and/or the relevant Supplier the consequences of
shall be void to that extent but no further.
protection under Cunard’s Air Travel Organiser’s Licence
which could not have been avoided even if all due care had
number 6294. In the unlikely event of Cunard’s insolvency,
43. Insofar as the holiday may be performed on a ship not
been exercised including (but not limited to) an event of
the CAA will ensure that Guests booked on fly voyages are
owned by Cunard, it is agreed that Cunard shall at all
force majeure; or any event which Cunard and/or the
not stranded abroad and will arrange to refund any money
times nevertheless be deemed a ship owner for the
relevant Supplier could not even with all due care have
the Guest has paid to Cunard for an advance booking. For
purposes of the Convention on Limitation of Liability for
foreseen or forestalled.
further information, visit the ATOL website at
Maritime Claims 1976, whether as amended by the
www.atol.org.uk.
38. For claims not involving personal injury, death or illness or
Protocol of 1996 or otherwise and as in force in any
which are not subject to the conventions referred to in
relevant jurisdiction from time to time, and so entitled to
51 Not all voyages offered and sold by Cunard will be
clauses 40 to 44 inclusive, Cunard's liability for improper
limit liability thereunder.
protected by the ATOL scheme. All non-fly holidays sold by
performance of the Contract shall be limited to a maximum
44. Except for claims arising out of carriage by air (as provided Cunard in the UK are protected under the ABTA scheme of
of twice the price the Guest affected paid for the holiday
by clause 40), any liability in respect of death and personal financial protection. In the unlikely event of Cunard’s
(not including insurance premiums and amendment
injury and loss of and damage to luggage which Cunard insolvency, ABTA will ensure that Guests booked on non-
charges) and Cunard shall have no liability for any loss of
may incur to the Guest, whether under the Contract in fly voyages are not stranded abroad and will arrange to
business or profits.
accordance with these Conditions or otherwise, shall refund any money paid to Cunard for an advance booking.
39. All carriage (by land, air and sea) is subject to the terms
always be subject to the limits of liability contained in the Voyages sold overseas may be covered by consumer
and conditions of carriage of the actual carrier. These may
Athens Convention. protection schemes in place in the country of sale or by the
limit or exclude liability. They are expressly incorporated
protection scheme operated by ABTA, and Guests should
45. Hotels, shore excursions and shuttle services are
into the Contract and they also form the terms and
contact Cunard for confirmation of what protection may
arranged by Cunard with local operators who may
conditions of separate contracts between the Guest and
themselves engage the services of local suppliers.
apply to their booking.
the particular carrier as contained in that carrier’s ticket
Standards of hygiene, accommodation and transport in
which is provided to the Guest before the scheduled
many countries where excursions take place are often
DATA PROTECTION
departure date. Copies of these terms and conditions are
lower than comparable standards in the UK. Cunard will
52. In clauses 52 to 54, “you” means the Guest. In order to
available on request from Cunard. Cunard will ensure that
at all times endeavour to appoint reputable and
process your booking and to ensure that your travel
the Guest is informed of the identity of the air carrier once
competent local operators who comply with all
arrangements run smoothly and meet your requirements,
it has been finalised and details of likely carriers are
prevailing local rules regulations and standards. Cunard
Cunard needs to use the personal information you
contained in the brochure. Cunard does not use any carrier
will apply the local laws and regulations of the relevant
provide such as name, address, any special needs,
on the EU banned carrier list, available via our website.
country to assess performance of the Contract in the
health, medical, mobility or dietary requirements, etc.
40. Carriage of Guests and their luggage by air is governed by
event of a complaint by a Guest. The Contract will be
Cunard may pass personal information on to other
various international conventions (hereinafter “the
regarded as having been performed if local laws and
relevant suppliers of your travel arrangements such as
international air conventions”), including the Warsaw
regulations have been satisfied even if the laws of
travel agents, airlines, hotels, and transport companies.
Convention 1929 (whether as amended by the Hague
England and Wales have not been met unless the
Your personal information may also be provided to
Protocol 1955 or the Montreal Protocol 1999 or otherwise)
absence of a particular safety feature would lead a
security and/or credit checking companies, credit and
or the Montreal Convention 1999. Flights between the UK
reasonable Guest not to enter into the Contract. Cunard
debit card companies, government and enforcement
and any member state of the European Union are currently
is not responsible for any improper or non-performance
agencies, public authorities such as customs and
governed by EC Regulation 889/2002 which gives legal
which is wholly attributable to the fault of the Guest;
immigration if required by them, or as required by law.
effect to the Montreal Convention 1999. To the extent that
the unforeseeable or unavoidable act or omission of a
This may involve sending your personal information
Cunard may be liable as a non-performing air carrier to
third party unconnected with the provision of any
between different countries, including countries outside
Guests in respect of carriage by air, the terms of the
services to be provided; unusual and unforeseeable
the European Economic Area (EEA) where controls on
international air conventions (including any subsequent
circumstances beyond the control of Cunard and/or the data protection may not be as strong as the legal
amendments and any new convention which may be
relevant Supplier the consequences of which could not requirements in this country. This may also apply to any
applicable to a Contract for a fly cruise between Cunard
have been avoided even if all due care had been sensitive information that you give to us such as details
and a Guest) are expressly incorporated into these
exercised, including (but not limited to) an event of of any disabilities or dietary/religious requirements. If
Conditions. The international air conventions may permit
force majeure; or any event which Cunard and/or the Cunard cannot pass your personal information on to the
the carrier to limit its liability for death and personal injury,
relevant Supplier could not even with all due care have relevant suppliers, whether in the EEA or not, Cunard
loss of and damage to luggage and delay. Insofar as
foreseen or forestalled. cannot properly effect your booking. For the safety and
Cunard may have any liability to the Guest in respect of
security of the ship and its passengers, Cunard may
46. All employees, agents, contractors and their sub-
carriage by air, it shall be determined accordingly. Copies
operate closed circuit television (CCTV) in certain areas
contractors (including Suppliers as defined in clause 1), as
of these conventions are available from Cunard on request.
on board the ship during your holiday. Please be aware,
well as all insurers of both Cunard and its Suppliers shall
41. Carriage of Guests and their luggage by sea is governed by
have the benefit of the same rights, defences, immunities
however, that Cunard does not undertake to operate all
the Athens Convention 1974 (whether as subsequently
and limitations available to Cunard under these Conditions,
cameras or monitor or record CCTV images at all times.
amended or otherwise “the Athens Convention”). A copy
and it is agreed for this purpose that Cunard contracts with 53. The personal information you provide to Cunard, or which
is available on request. The Athens Convention is expressly
the Guest as agent or trustee for all such persons. is obtained through your dealings with Cunard or other
incorporated into these Conditions and any liability of
brands of Carnival plc, will also be used by Carnival plc or
Cunard for death or personal injury or for loss of or damage
ACTIONS, CLAIMS AND TIME LIMITS by processors on its behalf: to review your dealings with
to luggage arising out of carriage by sea shall be
Carnival plc brands including your purchasing preferences;
determined accordingly. In most cases, the Athens
47. Any action by a Guest arising out of carriage by air or sea
to review, develop and improve the holidays and services
Convention limits the carrier’s liability for death or personal
must be commenced within the two year time limit
Carnival plc offers; for market research purposes; and for
injury or loss of or damage to luggage and makes special
prescribed by the Warsaw Convention, the Montreal
statistical analysis.
provision for valuables. It presumes that luggage has been
Convention or the Athens Convention as applicable.
54. Carnival plc may wish to contact you by post, email
delivered undamaged to the Guest unless written notice is
given to Cunard (as carrier):
48. If a court or tribunal applies any law other than English law, and/or telephone with news, information and offers on
Cunard shall (in respect of all exclusions and limitations of its holidays and other services (including those offered
(a) in the case of apparent damage, before or at the time of liability) be entitled to the maximum protection allowed by by Cunard and other Carnival group brands such as P&O
disembarkation or redelivery; that law including statutory protection of limitation as to Cruises, Princess Cruises, Swan Hellenic, Seabourn
(b) in the case of damage which is not apparent or of loss,
the amount of damages recoverable. Cruise Line and Ocean Village) and for market research
purposes. If you prefer not to be contacted for the
within 15 days from the date of disembarkation or
redelivery or from the time when such redelivery should
49. Some disputes involving claims to a limited amount may, purposes set out above, please contact the Customer
have taken place.
if the Guest so wishes, be referred to arbitration under Data Department, Cunard, Richmond House, Terminus
schemes devised by the Chartered Institute of Terrace, Southampton, SO14 3PN. If you wish to obtain
Any damages payable by Cunard up to the Athens Convention Arbitrators for the Passenger Shipping Association and a copy of the personal information held about you,
limits shall be reduced in proportion to any contributory ABTA. An application for arbitration must be made please write to the above address. Carnival plc may
negligence by the Guest and by the maximum deductible within nine months of disembarkation from the ship. In make a charge for supplying this information as
specified in Article 8 (4) of the Athens Convention. addition, the Passenger Shipping Association offers a permitted by law.
172 For booking conditions, information and insurance see pages 164-173
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