Ex
7. Insurance affected by or you otherwise suffer any damage or loss (as accordance with the time limits stipulated in the applicable
Guests are required to take out adequate and appropriate
more fully described in clause 10(2) below) as a result of Convention or Regulation), we are similarly not obliged to
tr
holiday insurance to cover as a minimum all travel, cancellation,
“force majeure”. In these Booking Conditions, “force majeure” make a payment to you for that claim or part of the claim. a Inf
medical and repatriation liabilities.
means any event which we or the supplier of the service(s) in When making any payment, we are entitled to deduct any
Please read your policy details carefully and take them with you
question could not, even with all due care, foresee or avoid. money which you have received or are entitled to receive from
on holiday. It is your responsibility to ensure that the insurance
Such events may include war or threat of war, riot, civil strife, the airline for the complaint or claim in question. Copies of the
orma
cover you purchase is suitable and adequate for your particular
actual or threatened terrorist activity, industrial dispute, applicable International Conventions and Regulations are
needs. We do not check the extent or adequacy of the cover
natural or nuclear disaster, adverse weather conditions, available from us on request. Please also note that strict time
provided by alternative insurance policies.
fire and all similar events outside our control. limits apply for notifying loss, damage or delay of luggage to
t
the airline. Any proceedings in respect of any claim (including
I
8. Changes and cancellation by us
10. Our liability to you
one for personal injury or death) must be brought within
on - Booking C
We start planning the holidays we offer many months in
(1) Subject to clauses 10(6) and 10(7) below we promise to
2 years of the date stipulated in the applicable Convention
advance. Occasionally, we have to make changes to and
make sure that the holiday arrangements we have agreed to
or Regulation.
correct errors in our brochure and other details both before
make, perform or provide, as applicable, as part of our contract
(7) The provisions of the Convention Relating to the Carriage
and after bookings have been confirmed and cancel confirmed
with you are made, performed or provided with reasonable
of Passengers and Their Luggage by Sea 1974 (“The Athens
bookings. Whilst we always endeavour to avoid changes and
skill and care. This means that, subject to these Booking
Convention”) apply to the cruise element of your holiday as
cancellations, we must reserve the right to do so. However,
Conditions, we will accept responsibility if, for example, you
well as the process of getting on or off the ship concerned. We
we promise we will only cancel your confirmed booking after
suffer death or personal injury or your contracted holiday
are the carrier for the purposes of The Athens Convention. For
balance due date where you have failed to comply with any
arrangements are not provided as promised or prove deficient
any claim involving death or personal injury or delay or loss of
requirement of these Booking Conditions entitling us to cancel
as a result of the failure of ourselves, our employees, agents
or damage to luggage arising out of the cruise element of
onditions
(such as paying on time) or where we are forced to do so as
or suppliers to use reasonable skill and care in making,
your holiday and/ or the process of getting on or off the ship
a result of “force majeure” as defined in clause 9 below. We
performing or providing, as applicable, your contracted
concerned the only liability we have to you is in accordance
will not cancel after this date for any other reason.
holiday arrangements. Please note it is your responsibility to
with The Athens Convention. This means you are not entitled
Most changes are minor. Occasionally, we have to make
show that reasonable skill and care has not been used if you
to make any claim against us which is not expressly permitted
a “significant change”. “Significant changes” include the
wish to make a claim against us. In addition, we will only be
by The Athens Convention or which is in excess of the limits
following changes when made before departure; a change
responsible for what our employees, agents and suppliers do
provided by The Athens Convention. Any claims covered
of time of embarkation or disembarkation by more 12 hours,
or do not do if they were at the time acting within the course
under The Athens Convention must be made within the time
a change of departure point to one which is significantly
of their employment (for employees) or carrying out work we
limits set out in The Athens Convention (see below). Any
more inconvenient for you or a significant change of itinerary
had asked them to do (for agents and suppliers).
proceedings must be issued within a maximum period of
missing out two or more ports altogether.
(2) We will not be responsible for any injury, illness, death, loss
2 years from the date specified by The Athens Convention.
If we have to make a significant change or cancel, we will tell
(including loss of enjoyment), damage, expense, cost or other
A brief summary of our liability under The Athens Conventions
you as soon as reasonably possible. If there is time to do so
sum or claim of any description whatsoever which results from
is set out below.
before departure, we will offer you the choice of the following
any of the following: -
options:-
- the act(s) and/or omission(s) of the person(s) affected or Personal injury or death
(a) (for significant changes) accepting the changed
any member(s) of their party or
The Athens Convention limits the maximum amount we as
arrangements or - the act(s) and/or omission(s) of a third party not connected the carrier have to pay if found liable in the event of death or
(b) purchasing an alternative holiday from us, of a similar
with the provision of your holiday and which were personal injury. This limit is presently (as at 29th Feb 2008)
standard to that originally booked if available (if the chosen
unforeseeable or unavoidable or approximately £37,799 per person unless otherwise
alternative is less expensive than your original one, we will - ‘force majeure’ as defined in clause 9 above.
specifically agreed in writing.
refund the difference but if it is more expensive, we will ask (3) Please note, we cannot accept responsibility for any
you to pay the difference) or
Luggage
services which do not form part of our contract. This includes,
(c) cancelling or accepting the cancellation in which case you for example, any additional services or facilities which your
The Athens Convention also limits the maximum amount we
will receive a full and quick refund of all monies you have paid hotel or any other supplier agrees to provide for you where
as the carrier have to pay if found liable in the event of delay
to us. the services or facilities are not advertised by us and we have
of or loss or damage to luggage and also makes provision for
Please note: the above options are not available where any not agreed to arrange them. Please also see clause 15 “Shore
valuables - see below. Please note, these maximum amounts
change made is not a significant one. excursions and brochure information”. In addition, regardless
will apply not only to your cruise but also where your claim
If we have to make a significant change or cancel after balance
of any wording used by us on our website, in any of our
arises in relation to other services (apart from your flight)
due date, we will pay you reasonable compensation subject to
brochures or elsewhere, we only promise to use reasonable
such as hotels stays before or after your cruise or transfers
the following exceptions. Compensation will not be payable
skill and care as set out above and we do not have any greater
between overseas airport, ship and/or hotel which form part
and no liability beyond offering the above mentioned choices
or different liability to you.
of your holiday.
can be accepted where we are forced to make a change or (4) The promises we make to you about the services we have
Valuable or important items
cancel as a result of unusual and unforeseeable circumstances agreed to provide or arrange as part of our contract - and the
All valuable and important items (for example, money,
beyond our control, the consequences of which we could not laws and regulations of the country in which your claim or
jewellery, medicines, fragile items, important travel and other
have avoided even with all due care. No compensation will be complaint occurred - will be used as the basis for deciding
documents, video/camera/computer equipment, etc.) must
payable and the above options will not be available if we cancel whether the services in question had been properly provided.
be carried by hand and not packed in your luggage and/or
as a result of your failure to comply with any requirement of If the particular services which gave rise to the claim or
left unsecured in your cabin or elsewhere on board the ship,
these Booking Conditions entitling us to cancel (such as complaint complied with local laws and regulations applicable
on any other transport or in any other accommodation.
paying on time). to those services at the time, the services will be treated as
Special care must be taken of such items. For your protection,
No compensation is payable for minor changes or where we
having been properly provided. The exception to this is where
once on board the ship or during any hotel stay, all valuable
make a significant change or cancel prior to balance due date.
the claim or complaint concerns the absence of a safety
and important items must be left in your cabin or hotel room
A minor change is a change which, taking into account the
feature which might lead a reasonable holiday maker to refuse
mini-safe where available or deposited with your hotel’s
information you give us at the time of booking or which we
to take the holiday in question.
reception if they undertake the safekeeping of such items
can reasonably be expected to know, we could not reasonably (5) As set out in these Booking Conditions we limit the
when they are not being personally worn or carried by you.
expect to have a significant effect on your confirmed holiday. maximum amount we may have to pay you for any claims
Please, however, bear in mind that no mini-safe is totally
Very rarely, we may be forced by “force majeure” (see clause
you may make against us.
secure and consider carefully whether you need to bring
9) to change or terminate your holiday after departure but For all claims concerning or arising out of loss of, delay and/or the items in question with you on holiday. If a valuable or
before the scheduled end of your time away. This is extremely damage to any luggage or personal possessions (including important item is lost, damaged or stolen, we are entitled to
unlikely but if this situation does occur, we regret we will be money), the maximum amounts we will have to pay you are argue where appropriate that you should not have brought
unable to make any refunds (unless we obtain any refunds those set out in clause 10(7) unless the claim arises out of any the item on holiday. You are strongly advised to take out
from our suppliers), pay you any compensation or meet any air travel (including the process of getting on or off the appropriate and adequate insurance to protect all valuable
costs or expenses you incur as a result. aircraft) in which case clause 10(6) applies. For the avoidance and important items.
Please Note: If your flight is cancelled or delayed, your flight
of doubt, this means these maximum amounts will apply not
ticket is downgraded or boarding is denied by your airline in
only to your cruise but also where your claim arises in relation Please note, we do not have the facility aboard any of
circumstances which would entitle you to claim compensation
to other services such as hotels stays before or after your our ships to accept any valuable items for safe-keeping.
or any other payment from the airline under EC Regulation No
cruise or transfers between overseas airport, ship and/ or In accordance with The Athens Convention, we cannot
261/ 2004 - the Denied Boarding Regulations 2004, you must
hotel which form part of your holiday. therefore accept liability for the loss of or damage to any
pursue the airline for the compensation or other payment due For all other claims which do not involve death or personal
valuables you bring on holiday with you. Placing valuables
to you. All sums you receive or are entitled to receive from the injury, if we are found liable to you on any basis the maximum
in a cabin mini-safe is not depositing them with us for
airline concerned by virtue of these Regulations represent the amount we will have to pay you is twice the price (excluding
safe-keeping for the purposes of The Athens Convention.
full amount of your entitlement to compensation or any other insurance premiums and amendment charges) paid by or on
In the event that we are found liable for loss of or damage
payment arising from such cancellation, delay, downgrading or behalf of the person(s) affected in total unless a lower
to any valuables on any basis and at any stage during your
denied boarding. This includes any disappointment, distress, limitation applies to your claim under clauses 10(6) or 10(7)
holiday (including during any hotel stay or transport
inconvenience or effect on any other arrangements. The fact below. This maximum amount will only be payable where
arrangements), the most we will have to pay you in respect
a delay may entitle you to cancel your flight does not everything has gone wrong and you have not received any
of such loss or damage is the maximum payable under The
automatically entitle you to cancel any other arrangements benefit at all from your holiday.
Athens Convention for valuables deposited with us for the
even where those arrangements have been made in (6) Where any claim or part of a claim (including those
agreed purpose of safe-keeping. As at 29th Feb 2008, this
conjunction with your flight. We have no liability to make any involving death or personal injury) concerns or is based on any
maximum is approximately £972 per person. Valuables
payment to you in relation to the Denied Boarding Regulations flight arrangements (including the process of getting on and/
deposited with any hotel for the agreed purpose of
or in respect of any flight cancellation or delay, downgrading or off the aircraft concerned) provided by any air carrier
safe-keeping will subject to any liability limit applicable to
of any flight ticket or denial of any boarding as the full amount where we have arranged the flight as part of our contract, the
such arrangement.
of your entitlement to any compensation or other payment (as maximum amount of compensation we will have to pay you
dealt with above) is covered by the airline’s obligations under will be limited. The most we will have to pay you for that claim
Luggage/personal possessions other than valuables
the Denied Boarding Regulations. If, for any reason, you do not or that part of a claim if we are found liable to you on any
The maximum we will have to pay you for any damage to, loss
claim against the airline and make a claim for compensation basis is limited to the most the carrier concerned would have
of or delay to any luggage or personal possessions other than
from us, you must, at the time of payment of any to pay under the international convention or regulation which
valuable items (see above) for which we are responsible is the
compensation to you, make a complete assignment to us of applies to the flight in question (for example, the Warsaw
maximum which is payable under The Athens Convention for
the rights you have against the airline in relation to the claim Convention as amended or unamended and the Montreal
such damage, loss or delay. As at 29th Feb 2008, this
that gives rise to that compensation payment. If your airline Convention for international travel by air and/ or for airlines
maximum is approximately £674 per person unless otherwise
does not comply with these rules you should complain to the with an operating licence granted by an EU country, the EC
specifically agreed in writing.
Air Transport Users’ Council on 020 7240 6061 www.auc.org.uk. Regulation on Air Carrier Liability No 889/ 2002 for national
Time limits
9. Force Majeure
and international travel by air). Please note: for all such claims
(including those involving death or personal injury) where the
Any damage or delay, which is apparent, must be notified in
Except where otherwise expressly stated in these Booking
carrier is not be obliged to make any payment to you under
writing to ourselves and the supplier of the service concerned
Conditions, we regret we cannot accept liability or pay any
the applicable International Convention or Regulation
(if it is not us) before or, at latest, at the time of departure
compensation where the performance or prompt performance
(including where any claim is not notified or issued in
of our obligations under our contract with you is prevented or
Book today: 0845 658 8010
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