Period of notification Compensation per be liable to complete the Passenger's holiday Passenger) are expressly incorporated into these
Actions, claims and time limits
given by Ocean Village full fare paying passenger arrangements and will not be liable to pay any refunds Conditions. The international air conventions may
56 to 43 days 5% holiday credit
or compensation. If an aircraft is forced to make an permit the carrier to limit its liability for death and
47. Any action by a Passenger arising out of carriage
42 to 29 days 10% holiday credit
unscheduled landing as a result of the conduct of any personal injury, loss of and damage to luggage and
by air or sea must be commenced within the two year
Passenger, Ocean Village shall have the right to delay. Insofar as Ocean Village may have any liability to
time limit prescribed by the Warsaw Convention, the
28 to 15 days 15% holiday credit
recover the full cost thereof from the Passenger. the Passenger in respect of carriage by air, it shall be
Montreal Convention or the Athens Convention, as
14 to 0 days 20% holiday credit
33. For security reasons, it may be necessary at any
determined accordingly. Copies of these conventions
applicable.
are available from Ocean Village on request. 48. If a court or tribunal applies any law other than
The value of any holiday credit will be calculated by
time to search Passengers and/or their luggage and
reference to the price actually paid for the cancelled
goods and the Passenger agrees to allow such search 41. Carriage of Passengers and their luggage by sea is
English law, Ocean Village shall (in respect of all
holiday and may only be used for other bookings with
upon being so requested by the Master or any other governed by the Athens Convention 1974 (whether as
exclusions and limitations of liability) be entitled to the
Ocean Village. Any such new booking must be made
authorised person. subsequently amended or otherwise “the Athens
maximum protection allowed by that law including
by no later than 31 December of the year after the 34. The Passenger must not bring on board the cruise
Convention”). A copy is available on request. The
statutory protection of limitation as to the amount of
date of the original holiday. Credit vouchers may be ship any goods or articles of an inflammable or
Athens Convention is expressly incorporated into
damages recoverable.
redeemed against the price of the new holiday net of dangerous nature, nor any controlled or prohibited
these Conditions and any liability of Ocean Village for 49. Some disputes involving claims up to a limited
any discount available to the Passenger at the time of substance, nor any animals. To do so shall be a
death of or personal injury or for loss of or damage to amount may, if the Passenger so wishes, be referred
booking. The compensation set out above does not breach of these Conditions and shall render the
luggage arising out of carriage by sea shall be to arbitration under schemes devised by the Chartered
exclude the Passenger from claiming more if he/she is Passenger strictly liable to Ocean Village for any injury,
determined accordingly. In most cases, the Athens Institute of Arbitrators for the Passenger Shipping
entitled to do so or from requesting that compensation loss, damage or expense and the Passenger shall
Convention limits the carrier’s liability for death or Association and ABTA. An application for arbitration
be provided in a different form. compensate Ocean Village in full for any loss, damage
personal injury or loss of or damage to luggage and must be made within nine months of disembarkation
or expense suffered by Ocean Village as a result of
makes special provision for valuables. It presumes that from the cruise ship. In addition, the Passenger
Alteration and cancellation by such breach. The Passenger may also be personally
luggage has been delivered undamaged to the Shipping Association offers a low cost conciliation
Ocean Village after departure
liable to statutory penalties. The Master (or any other
Passenger unless written notice is given to Ocean procedure where a non-binding review of
officer delegated for the purpose) shall be entitled at all
Village (as carrier): correspondence is undertaken by an independent
28. After departure, Ocean Village does not guarantee
times to enter and search the cabin and personal (a) in the case of apparent damage, before or at the
conciliator. Details of these schemes are available on
that the cruise ship will call at every port on the
luggage (whether or not in the cabin) of any Passenger time of disembarkation or redelivery;
request.
itinerary or follow every part of the advertised route or
whom the Master reasonably believes may be in
schedule or that every part of the holiday will be
(b) in the case of damage which is not apparent or of
Consumer protection
breach of this clause. Where the Passenger is found to
provided, although Ocean Village will exercise
loss, within 15 days from the date of disembarkation
be in breach of this clause, Ocean Village and/or the
50. When a Passenger buys an ATOL protected fly
reasonable skill and care to provide the holiday. Ocean
or redelivery or from the time when such redelivery
Master of the cruise ship shall be entitled to exercise
cruise from Ocean Village in the UK they will receive a
Village reserves the absolute right to decide whether
should have taken place.
any of the powers conferred by clause 30 and clause
Confirmation Invoice from Ocean Village (or via the
or not to omit any such port(s) and/or to call at
31 shall apply.
Any damages payable by Ocean Village up to the authorised agent through which they booked)
additional ports and/or to change the advertised route Athens Convention limits shall be reduced in confirming the Passenger’s arrangements and
or schedule. If Ocean Village is unable to provide a
35. Any crew member or other person authorised by
proportion to any contributory negligence by the protection under Ocean Village’s Air Travel Organiser’s
significant proportion of the holiday, it will make
Ocean Village shall be entitled to enter a Passenger’s
Passenger and by the maximum deductible specified Licence number 6294. In the unlikely event of Ocean
suitable alternative arrangements, at no extra cost to
cabin to carry out necessary inspection, maintenance
in Article 8 (4) of the Athens Convention. Village’s insolvency, the CAA will ensure that
the Passenger, for the continuation of the holiday. If the
or repair work or for any purpose associated
42. Insofar as Ocean Village may be liable to a
Passengers booked on fly cruises are not stranded
Passenger does not accept them, for good reasons,
therewith.
Passenger in respect of claims arising out of carriage
abroad and will arrange to refund any money the
or, if it is impossible to make suitable alternative
by air or carriage by sea, Ocean Village shall be
Passenger has paid to Ocean Village for an advance
arrangements Ocean Village will where appropriate,
Complaints
entitled to all the rights, defences, immunities and
booking. For further information, visit the ATOL
provide the Passenger with transport back to the
36. Any problem which arises during a holiday must
limitations available, respectively, to the actual air
website at www.atol.org.uk.
place of departure or to another place to which Ocean
be raised by the Passenger at the time with a
carrier (including his own terms and conditions of
51. Not all cruises offered and sold by Ocean Village
Village and the Passenger have agreed. In both cases
representative of Ocean Village. If the problem is not
carriage) and under the Athens Convention, and
will be protected by the ATOL scheme. All non-fly
Ocean Village will, where appropriate, compensate the
resolved to the full satisfaction of the Passenger during
nothing in these Conditions shall be deemed a
cruises sold by Ocean Village in the UK are protected
Passenger. Please note that compensation will not be
the holiday, it is essential that to enable the complaint
surrender thereof. To the extent that any provision in
under the ABTA scheme of financial protection. In the
payable if an alteration is minor or if Ocean Village is
to be investigated properly, it must be notified in
these Conditions is made null and void by the Warsaw
unlikely event of Ocean Village’s insolvency, ABTA will
not able to provide a significant proportion of the
writing to Ocean Village at the earliest opportunity
Convention, the Montreal Convention or the Athens
ensure that Passengers booked on non-fly cruises are
holiday due to force majeure.
thereafter and in any event no later than 28 days after
Convention or any legislation compulsorily applicable
not stranded abroad and will arrange to refund any
29. Transit or part transit of straits, other sea areas
the Passenger’s return from the holiday. Failure to
or is otherwise unenforceable, it shall be void to that
money paid to Ocean Village for an advance booking.
controlled by vessel traffic schemes, canals, rivers and
report the complaint within this time may adversely
extent but no further.
Cruises sold overseas may be covered by consumer
all other navigable waterways may be subject to delay
affect Ocean Village’s ability to investigate and deal
43. Insofar as the holiday may be performed on a ship
protection schemes in place in the country of sale or
due to operational circumstances and/or the
with it and may prejudice any future claim.
not owned by Ocean Village, it is agreed that Ocean
by the protection scheme operated by ABTA, and
requirements of the local authorities and Ocean Village
Liability Village shall at all times nevertheless be deemed a ship
Passengers should contact Ocean Village for
shall have no liability whatsoever in respect of any
owner for the purposes of the Convention on Limitation
confirmation of what protection may apply to their
such delay.
37. Ocean Village accepts responsibility for death,
injury or illness caused by the negligent acts and/or
of Liability for Maritime Claims 1976, whether as
booking.
Security, safety and support
omissions of it and its Suppliers. Ocean Village limits
amended by the Protocol of 1996 or otherwise and as
in force in any relevant jurisdiction from time to time,
Data protection
30. Passengers are expected at all times throughout
its liability where applicable, by the conventions
and so entitled to limit liability thereunder. 52. In clauses 52 to 54, “you” means the Passenger.
the holiday to conduct themselves in a proper manner
referred to in clauses 40 to 44 inclusive. In any event,
and with due regard to the health, safety, comfort,
Ocean Village is not responsible for any improper or 44. Except for claims arising out of carriage by air (as
In order to process your booking and to ensure that
enjoyment and general well-being of all persons both
non-performance which is wholly attributable to the provided by clause 40), any liability in respect of death
your travel arrangements run smoothly and meet your
on board the cruise ship and involved in the provision
fault of the Passenger; the unforeseeable or and personal injury and loss of and damage to luggage
requirements, Ocean Village needs to use the personal
of any service or facility forming part of the holiday (at
unavoidable act or omission of a third party which Ocean Village may incur to the Passenger,
information you provide such as name, address, any
the hotel, on board the cruise ship and elsewhere) or
unconnected with the provision of any services to be whether under the Contract in accordance with these
special needs, health, medical, mobility or dietary
any excursion, and the Passenger expressly agrees to
provided under the Contract; unusual and Conditions or otherwise, shall always be subject to the
requirements, etc. Ocean Village may pass personal
this. If it appears that a Passenger’s conduct,
unforeseeable circumstances beyond the control of limits of liability contained in the Athens Convention.
information on to other relevant suppliers of your travel
arrangements such as travel agents, airlines, hotels,
behaviour or health is such as to be a breach of this
Ocean Village and/or the relevant Supplier, the
45. Hotels, excursions and shuttle services are
and transport companies. Your personal information
requirement or the Passenger's behaviour, health or
consequences of which could not have been avoided
arranged by Ocean Village with local operators who
may also be provided to security and/or credit
conduct is likely to endanger the Passenger’s own
even if all due care had been exercised, including (but
may themselves engage the services of local
checking companies, credit and debit card
health or safety or that of any other Passenger or crew
not limited to) an event of force majeure; or any event
suppliers. Standards of hygiene, accommodation and
companies, government and enforcement agencies,
or may make the Passenger likely to be refused
which Ocean Village and/or the relevant Supplier could
transport in many countries where excursions take
public authorities such as customs and immigration if
permission to go ashore at any port or may make
not even with all due care have foreseen or forestalled.
place are often lower than comparable standards in
required by them, or as required by law. This may
Ocean Village liable for the costs of any medical
38. For claims not involving personal injury, death or the UK. Ocean Village will at all times endeavour to
involve sending your personal information between
treatment and/or maintenance and support and/or
illness or which are not subject to the conventions appoint reputable and competent local operators who
different countries, including countries outside the
repatriation, then Ocean Village and/or the Master
referred to in paragraphs 40 to 44 inclusive, Ocean comply with all prevailing local rules, regulations and
European Economic Area (EEA) where controls on
shall have the right according to the particular
Village's liability for improper performance of the standards. Ocean Village will apply the local laws and
data protection may not be as strong as the legal
circumstances to take any one or more of the
Contract shall be limited to a maximum of twice the regulations of the relevant country to assess
requirements in this country. This may also apply to
following measures as may appear to be reasonable
price which the Passenger affected paid for the performance of the Contract in the event of a
any sensitive information that you give to us such as
and appropriate –
holiday (not including premiums and amendment complaint by a Passenger. The Contract will be
details of any disabilities or dietary/religious
remove the Passenger from the hotel;
charges) and Ocean Village shall have no liability for regarded as having been performed if local laws and
requirements. If Ocean Village cannot pass your
repatriate the Passenger to the UK;
any loss of business or profits. regulations have been satisfied even if the laws of
personal information on to the relevant suppliers,
refuse to embark or to disembark the Passenger at 39. All carriage (by land, air and sea) is subject to the
England and Wales have not been met unless the
whether in the EEA or not, Ocean Village cannot
any particular port or other place of call; terms and conditions of carriage of the actual carrier.
absence of a particular safety feature would lead a
properly effect your booking. For the safety and
disembark the Passenger; These may limit or exclude liability. They are expressly
reasonable Passenger not to enter into the Contract.
security of the ship and its passengers, Ocean Village
transfer the Passenger to another berth; incorporated into the Contract and they also form the
Ocean Village is not responsible for any improper or
may operate closed circuit television (CCTV) in certain
confine the Passenger to a particular cabin or to the terms and conditions of separate contracts between
non-performance which is wholly attributable to the
areas on board the ship during your holiday. Please
ship’s medical centre; the Passenger and the particular carrier as contained
fault of the Passenger; the unforeseeable or
be aware, however, that Ocean Village does not
through the ship’s doctor and/or his/her staff, in that carrier’s ticket which is provided to the
unavoidable act or omission of a third party
undertake to operate all cameras or monitor or record
administer any drug, medicine or other substance of Passenger before the scheduled departure date.
unconnected with the provision of any services to be
CCTV images at all times.
a similar nature, or admit and/or confine the Copies of these terms and conditions are available on
provided; unusual and unforeseeable circumstances
Passenger to a hospital or any similar institution at request from Ocean Village. Ocean Village will ensure
beyond the control of Ocean Village and/or the
53. The personal information you provide to Ocean
any port as the ship’s doctor may consider that the Passenger is informed of the identity of the air
relevant Supplier, the consequences of which could
Village, or which is obtained through your dealings
necessary. carrier once it has been finalised and details of likely
not have been avoided even if all due care had been
with Ocean Village or other brands of Carnival plc, will
exercised, including (but not limited to) an event of
also be used by Carnival plc or by processors on its
31. In the event of Ocean Village and/or the Master
carriers are contained in the brochure. Ocean Village
force majeure; or any event which Ocean Village
behalf to review your dealings with Carnival plc brands
acting in accordance with clause 30 above, neither the
does not use any carrier on the EU banned carrier list,
and/or the relevant Supplier could not even with all
including your purchasing preferences; to review,
Passenger nor (at the sole discretion of Ocean Village)
available via our website.
due care have foreseen or forestalled.
develop and improve the cruises and services Carnival
any other person travelling with the Passenger 40. Carriage of Passengers and their luggage by air is plc offers; for market research purposes; and for
(whether or not under the same booking) shall be governed by various international conventions
46. All employees, agents, contractors and their sub-
statistical analysis.
entitled to make a claim against Ocean Village for any (hereinafter “the international air conventions”),
contractors (including Suppliers as defined in clause
loss or expense incurred as a result of such action, including the Warsaw Convention 1929 (whether as
1), as well as all insurers of both Ocean Village and its
54. Carnival plc may wish to contact you by post,
whether for a full or partial refund of the price or for any amended by the Hague Protocol 1955 or by the
Suppliers shall have the benefit of the same rights,
email, text and/or telephone with news, information
other form of compensation or for the cost of returning Montreal Protocol 1999 or otherwise) and the Montreal
defences, immunities and limitations available to
and offers on its cruises and other services (including
to the United Kingdom or to any other place or for any Convention 1999. Flights between the UK and any
Ocean Village under these Conditions, and it is agreed
those offered by Ocean Village and other Carnival
other form of loss or expense whatsoever. Where the member state of the European Union are currently
for this purpose that Ocean Village contracts with the
group brands such as P&O Cruises, Cunard Line,
Passenger is repatriated pursuant to this clause at governed by EC Regulation 889/2002 which gives
Passenger as agent or trustee for all such persons.
Princess Cruises and Seabourn) and for market
research purposes. If you prefer not to be contacted
Ocean Village’s expense, Ocean Village shall have the legal effect to the Montreal Convention 1999. To the
for the purposes set out above, please contact the
right to recover the cost of this. extent that Ocean Village may be liable as a non-
Customer Data Department, Ocean Village, Richmond
32. If any Passenger is denied the right to board an
performing air carrier to Passengers in respect of
House, Terminus Terrace, Southampton, SO14 3PN. If
aircraft because, in the reasonable opinion of the
carriage by air, the terms of the international air
you wish to obtain a copy of the personal information
Captain, the Passenger is unfit to travel or represents
conventions (including any subsequent amendments
held about you, please write to the above address.
a threat to the safety of the aircraft or its passengers or
and any new convention which may be applicable to a
Carnival plc may make a charge for supplying this
crew or is abusive or disruptive, Ocean Village will not
Contract for a fly cruise between Ocean Village and a
information as permitted by law.
126
127
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