CRYSTAL UK CONDITIONS OF CARRIAGE
IMPORTANT NOTICE TO ALL PASSENGERS: CRUISE TICKETS ARE ISSUED SUBJECT TO THESE CONDITIONS OF CARRIAGE PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE COMMENCING YOUR TRAVEL.
The Carrier is Crystal Cruises Ltd of Charlotte House, 1st floor, Shirley & Charlotte Streets, Nassau, Bahamas
These Conditions of Carriage set out the terms that govern the relationship, responsibilities and liabilities as between the Passenger and the Carrier and are BINDING ON THE PARTIES. The Passenger has entered into a Contract with an Organiser (“Contract”) and these Conditions of Carriage are incorporated into the Contract.
These Conditions of Carriage cannot be amended without written and signed consent from the Carrier or its authorised representative.
DEFINITIONS
In these Conditions of Carriage unless the context otherwise requires, the following expressions shall have the meaning assigned to them:
Athens Convention means the convention relating to the Carriage of Passengers and their Luggage by Sea, as incorporated into English law by virtue of the Merchant Shipping Act 1995, as amended or replaced from time to time. A copy of the Athens Convention can be provided on request or can otherwise be found at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/261628/Misc.6.2013_Prot_2002_Athens_8760.pdf.
Carrier means the owner, charterer, operator, manager of the Ship and any tenders or other means of transport provided to the Passenger to the extent that it acts as carrier or performing carrier (in accordance with the definition provided in the Convention relating to the Carriage of Passengers and their Luggage by Sea adopted at Athens on the 13 day of December 1974 and the Protocol thereto adopted as of November 1976 (hereinafter referred to as the ‘Athens Convention’). Where the Athens Protocol 2002 applies, “Carrier” means a person by or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually performed by that person or by a performing carrier (in accordance with the definition provided in Article 2 of the Athens Protocol 2002).
Conditions of Carriage means this document entitled Crystal Cruises UK Conditions of Carriage and any provisions incorporated herein by reference.
Contract means the cruise holiday Contract for carriage onboard the Ship entered into between the Organiser and the Passenger or Responsible Adult.
Cruise refers to the specific cruise booked and listed on your cruise ticket, as it may be modified and shall include periods during which you are embarking or disembarking the Ship at any terminal owned or operated by us or are on shore while the Ship is in port.
Disabled Person or Person with Reduced Mobility (also “PRM”) means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability, or as a result of age, and whose situation needs appropriate attention and adaption to his/her particular needs for the service made available to all passengers.
EU Regulation 1177/2010” means the EU Regulation 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway which came into force in March 2013 in the United Kingdom through the Merchant Shipping (Passengers Rights) Regulations 2013.
Initial Departure means the time at which you first begin your Cruise.
Luggage is defined pursuant to EU Regulation 392/2009 and The Athens Convention to include bag(s) suitcase(s) packages, trunks or other personal items belonging to or carried by any Passenger, including cabin luggage, hand luggage and articles worn by or carried on the persons of the Passenger.
Master is the Captain or person in charge of the Ship at any given point and commanding the Ship.
Minor means any child under the age of 18.
Organiser is the party with whom You have entered into the Contract for the Cruise and/or Package, under the Package Travel and Linked Travel Arrangements Regulations 2018.
Package has the meaning set out in the Package Travel and Linked Travel Arrangements Regulations 2018, as implemented into local law of the United Kingdom and as amended or replaced from time to time, and includes the Cruise on board the Ship.
Passengers means (adults and minors) traveling under the Contract and includes Responsible Adults.
Property means such belongings, effects and possessions, including Luggage, as the Passenger may bring aboard the Vessel, irrespective of whether the property is placed in the Passengers stateroom or worn by the Passenger, or, stored in the Vessel's Luggage room, holds or safes.For the purposes of EU Regulation 392/2009 and The Athens Convention such Property is referred to as “Luggage”.
Responsible Adult means the parent or guardian of a minor child under the age of 18, any adult over the age of 21 who is authorized by the parent or guardian to have the care, custody and control of the parent or guardian's minor child under the age of 18, or the guardian or other legal representative of a person that is not competent to contract.A Responsible Adult accepts that these Conditions of Carriage are binding on the minor child or ward.
Retained EU Regulation 392/2009means the EU Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents as it forms part of English law by virtue of the European Union (Withdrawal) Act 2018, as amended by The Merchant Shipping (Passengers Rights) (Amendment etc.) (EU Exit) Regulations 2019. A copy of the Regulation 392/2009 can be provided on request or can otherwise be found at https://www.legislation.gov.uk/eur/2009/392/contents.
Retained EU Regulation 1177/2010 means the EU Regulation 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway as it forms part of English law by virtue of the European Union (Withdrawal) Act 2018, as amended by The Merchant Shipping (Passengers Rights) (Amendment etc.) (EU Exit) Regulations 2019. A copy of the Regulation 1177/2010 can be provided on request or can otherwise be found at https://www.legislation.gov.uk/eur/2010/1177/2019-10-31.
Ship refers to the ship that will provide the ocean transportation portion of the Cruise, or any substituted Ship. All of the Ships are registered in the Bahamas and owned by Crystal Cruises Holdings Limited.
Shore Excursion means any excursion offered for sale for which a separate charge is payable whether booked prior to commencement of the cruise or onboard the vessel.
We or Us or Owner or Carrier refers to, Crystal Cruises Holdings Limited doing business as Crystal Cruises. Ship ownership and registry are subject to change.
You and Passenger means each Passenger to or for whom these Conditions of Carriage have been issued including Minors and their heirs, successors in interest and personal representatives.
In these Conditions of Carriage, a reference to any law includes a reference to such law as the same may be modified, replaced or superseded from time to time.
1. PROVIDING CRUISE AND LAND PACKAGE:
The Carrier agrees to transport the Passengers on named or substitute Ships. The Contract entered into with the Organiser is valid only for the Passenger or Passengers for whom it is issued, for the date and Ship and cabin specified or any substitute Ship.
The Passenger must present him/herself for boarding, according to the instructions provided, before scheduled departure to complete any pre-boarding procedures and security inspections.
The Passengers are required to be on board the Ship on the day of Passenger’s Cruise at least two (2) hours before departure time. At the time of embarkation, the Passenger is responsible for having received all medical inoculations necessary for the Voyage.
Passengers must have in his or her possession the Ticket, valid passport, visas and other documents necessary for the scheduled ports of call and disembarkation. If the Passenger does not have proper travel documentation, he or she will not be allowed to board the Ship. THE PASSENGER SHALL INDEMNIFY CARRIER FOR ALL PENALTIES, FINES, CHARGES, LOSSES AND EXPENSES IMPOSED UPON OR INCURRED BY CARRIER DUE TO THE PASSENGER’S FAILURE TO HAVE PROPER DOCUMENTATION OR OTHERWISE COMPLY WITH APPLICABLE LAW OR REGULATIONS OF ANY KIND. Any stamps on tickets, customs, excise or other taxes or fines on the Passenger or Carrier resulting from the Passenger’s conduct, embarkation expenses, and all expenses of such a nature are to be paid by the Passenger. If the Passenger is denied boarding for failure to comply with the requirements of this section, Carrier shall not be liable to refund the Passenger’s Cruise Fare or for any other damages or expenses whatsoever.
During the Cruise, the Carrier is transporting the Passenger and his/her property only between ports of call. At ports where the Ship is unable to dock, the Carrier will arrange for appropriate transportation from the place where the Ship is at anchor to the dock.
Any Organiser you contract with to book your Cruise acts solely for you. The Organiser will be solely liable for any booking errors, except where these are attributable to you or caused by unavoidable and extraordinary circumstances, in which case the Organiser will not be liable for such errors.
The Passenger must pay in full all charges for goods and services incurred, or incurred by the Carrier on his/her behalf, before the end of the Cruise in any currency in general use on board at the time of payment. Alcoholic beverages, cocktails, and any medical expenses, independent contractor services or products, or shore excursions and any applicable fees, charges or taxes imposed by any government agency will be extra charges unless otherwise stated as included as part of the Package at the time of booking the Cruise with the Organiser.
2. DEVIATIONS, CANCELLATIONS AND DELAYS
The Ship’s operation is subject to weather conditions, mechanical problems, vessel traffic, government intervention, duty to assist other vessels in distress, availability of berth facilities, and other factors which may be beyond the Carrier's control.
The Carrier does not guarantee that the Ship will call at every advertised port or follow any particular route or time schedule.The Master and the Carrier shall have an absolute right to change or substitute the advertised schedule, ports, itinerary or route, or substitute other ships, without notice.If a scheduled port of embarkation is substituted, the Carrier shall determine and arrange transportation to the substituted port at no extra expense for the Passenger.
Before the Voyage begins, the Carrier has the right to cancel the Voyage for any reason without notice or if it considers that it is necessary to do so for the safety of the Vessel, or persons onboard.
The Carrier or the Master shall have the liberty to comply with any Order or Directions as to departure/arrival routes, ports of call, stoppages, trans-shipment, discharge or destination or otherwise given by any government or any department thereof or by any person acting or purporting to act with the authority of any government or any department thereof or by any war risks insurance association working under any government scheme in which the Vessel may be entered.Nothing done or not done under such orders or directions shall be deemed a deviation in law.
Any dates and/or times specified in any timetables or otherwise which may be issued by the Organiser and/or the Carrier are only approximate and may be altered by the Carrier at any time and to such extent as is considered necessary by the Carrier.
If the Ship shall be prevented or hindered by any cause whatsoever from sailing or proceeding in the ordinary course the Carrier shall be entitled to transfer the Passenger either to any other similar Ship or with the consent of the Passenger to any other means of transportation bound for the Passenger’s place of destination.
3. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES BEYOND THE CARRIER'S CONTROL
The Carrier shall not be liable for any loss, injury, damage, or inability to perform the Voyage or provide all services or itineraries arising from any Unavoidable and Extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken by the Carrier including (without limitation) technical problems, war or threat of war, terrorist activity or the threat of terrorist activity, riots, civil commotion, disaster, Act of God, natural and nuclear disaster, fire, closure of ports, strikes or other industrial action, medical problems on board the ship or at intended ports, including, in each case, incidents of infectious or other diseases or illnesses, lawful deviation at sea in response to a distress call or other emergency and adverse weather conditions.
If any Passenger is detained on board or elsewhere at any stage or at destination because of quarantine, port regulations, then applicable law, illness or other cause, all expenses incurred in connection with such detention shall be for the Passenger's account.Any Passenger carried beyond destination for any reason without fault of the Carrier shall pay for any additional maintenance or extra transportation.
4. TRAVEL DOCUMENTS
The Passenger is solely responsible for ensuring compliance with all governmental travel requirements, laws or regulations for all ports of call on the Vessel’s itinerary.
All Passengers must present for inspection at check-in, a valid Passport and any visa, entry or exit permit, or other documentation required by any port on the Vessel’s itinerary.
The Passenger, or if a Minor, his parents or guardian, shall be liable to the Carrier for any fines or penalties imposed on the Vessel or Carrier by any authorities for the Passenger’s failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise.
The Carrier reserves the right to check and record details of such documentation and visas.The Carrier makes no representation and gives no warranties as to the correctness of any documentation and/or visas which are checked.Passengers are strongly advised to check the legal requirements of the itinerary ports before travelling to include requirements relating to visas, immigration, customs and health.
5. SECURITY
Passengers are required to present themselves for boarding at least two (2) hours before the Ship’s scheduled departure to complete any pre-boarding procedures and security inspections.
The Passenger, in the interests of international security and safety at sea and in the interests of the convenience of others, agrees and hereby consents to a reasonable search being made of the Passenger's person or property, and to the removal and confiscation or destruction of any object which may, in the opinion of the Carrier or the Master, impair safety or inconvenience others.
The Carrier shall have the right to detain, confiscate or destroy without incurring any liability whatsoever to the Passenger or any other party any articles carried or contained in any luggage which the Carrier, in its sole discretion, considers dangerous or pose risk or inconvenience to the security of the Vessel and or persons onboard.
The Carrier reserves the right to enter Passenger’s staterooms, even when a “Room Occupied” or “Do Not Disturb” sign is displayed, for maintenance, security, safety or any other purposes at any time. The Passenger, in the interests of the security, safety and health of Passengers, crewmembers and the Vessel hereby consents to Carrier conducting reasonable searches of the Passenger's person, property, and stateroom and to the removal, confiscation or destruction of any object which may, in the opinion of the Carrier or the Master, effect the security, safety or health of the Passenger or others, or the Vessel, or violate Carrier rules and policies.
6. HEALTH AND FITNESS TO TRAVEL / COVID-19 POLICY
Each Passenger warrants that he is fit to travel by sea and that his conduct or condition will not impair the safety of the Vessel or inconvenience the other Passengers.
Any Passenger with a medical condition, or who requires medical equipment, that may affect fitness to travel must submit a physician's certificate and full details prior to departure. The Carrier shall not be liable to any Passenger in respect of any inability to obtain specialist medical advice prior to departure of the vessel as to the Passenger’s medical condition and or equipment. The Carrier shall in such circumstances be entitled to deny boarding without incurring any liability whatsoever.
If it appears to the Carrier, the Master or the Doctor that a Passenger is for any reason unfit to travel, likely to endanger health or safety, or likely to be refused permission to land at any port, or likely to render the Carrier liable for the Passenger’s maintenance, support or repatriation, then the Carrier or the Master, or as appropriate the Doctor, shall have the right to take any of the following courses: (i) Refuse to embark the Passenger at any port; (ii) Disembark the Passenger at any port; (iii) Transfer the Passenger to another berth or stateroom; (iv) If the Doctor considers it advisable, to place him/or confine him in the Vessel’s clinic or Passenger’s stateroom or to transfer the Passenger to a health facility at any port, at the Passenger’s expense (v) to administer first aid (vi) the Doctor may administer any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port.
The Carrier and or the Organizer and or the health authorities in any port shall be entitled to administer a public health questionnaire on their own behalf.The Passenger shall supply accurate information regarding symptoms of any illness including but not limited to gastrointestinal illness and H1N1 virus.The Carrier may deny boarding to any Passenger that it considers in its sole discretion to have symptoms of any illness including viral and or bacterial illness including but not limited to Norovirus or H1N1 virus.Refusal by a Passenger to complete the Questionnaire may result in denied boarding.
Where any Passenger is diagnosed by the Doctor with viral, bacterial or other illness, the Carrier may request the Passenger to remain in their cabin for reasons of health and safety.
Where a Passenger is refused boarding as a result of health and or fitness to travel, the Carrier shall not be liable for any loss or expense occasioned to the Passenger thereby, nor shall the Passenger be entitled to any compensation from the Carrier.
Any Passenger who embarks, or allows any other Passenger for whom he or she is responsible to embark, when he or she or such other Passenger is suffering from any sickness, disease, injury or infirmity bodily or mental or to his or her knowledge has been exposed to any infection or contagious disease, or for any other reason is likely to impair the health, safety or reasonable comfort of other persons onboard or for any reason is refused permission to land at his or her port of destination shall be responsible for any loss or expense incurred by the Carrier or the Master directly or indirectly in consequence of such sickness, disease, injury, infirmity, exposure or refusal or permission to land unless in the case of sickness, disease, injury, infirmity or exposure the same has been declared in writing to the Carrier or the Master before embarkation and consent in writing of the Carrier or the Master to such embarkation has been obtained.
COVID-19 POLICY
Passengers must sign a COVID-19 acknowledgment attesting to their fitness to travel and agreeing to comply with all health protocols as directed by the Carrier’s crew during their cruise.
Carrier’s COVID-19 Policies have been developed with input from medical, science and public health experts and guidance from international, national, and regional health authorities, including the CDC and local health agencies when the Ship is within that agency’s jurisdiction. Passenger acknowledges that these directives may change from time to time and that Carrier’s COVID-19 Policies may therefore change. PASSENGER EXPRESSLY AGREES TO COMPLY NOT ONLY WITH THE COVID-19 POLICIES AS THEY ARE DESCRIBED HEREIN, BUT ALSO AS THEY ARE SET FORTH ON CARRIER’S COVID-19 POLICY WEBPAGE, AT ALL TIMES INCLUDING PRE-EMBARKATION, WHILE ON BOARD, AT PORT CALLS AND DURING SHORE EXCURSIONS AND/OR FINAL DISEMBARKATION. In case of any conflict between the Public Health and COVID-19 Policy described herein or on Carrier’s Website, the Website controls and Passenger’s agreement to abide by the Website constitutes an integral part of this Contract. Passenger agrees that COVID-19 Policies will also apply to any and all COVID-19 variants and any potential new diseases, viruses or other illnesses not yet unknown.
Passenger acknowledges and understands that Carrier’s COVID-19 Policy may or will include, but will not be limited to: (1) providing an accurate, truthful and complete health questionnaire for each Passenger in a form containing any and all health or travel-related questions as required by Carrier in its sole discretion based on advice received from relevant government or health authorities or medical experts prior to boarding; (2) pre-embarkation and/or periodic testing and temperature checks of each Passenger followed by a period of isolation until test results are available; (3) modified capacity rules for activities (including but not limited to restaurants, gyms, and entertainment events onboard and for shore excursions) which may limit or eliminate the ability of Passenger to participate in particular activities; (4) mandatory use by each Passenger (except for children under the age of 2 years) of face coverings in most locations outside of the Passenger’s cabin while onboard, during embarkation, disembarkation and shore excursions; (5) mandatory social distancing of Passenger’s at any/all times while on board and during embarkation, disembarkation, and shore excursions; (6) additional restrictions during shore excursions depending on local conditions, including but not limited to denial of disembarkation at destinations unless participating in only Carrier-approved shore excursions; (7) mandatory hand-sanitizing by Passenger upon entry or exit of any public areas; (8) confinement of Passengers to cabins, quarantine or emergency disembarkation of Passenger if, in Carrier’s sole discretion, such steps are necessary to prevent or slow the spread of COVID-19; (9) the required completion by Passenger in a timely manner of any written authorizations or consent forms required for Carrier to carry out its COVID-19 Policies (including but not limited to medical information, medical privacy, or personal data privacy consent forms); (10) vaccination of Passengers with documentary proof satisfactory to Carrier, according to Carrier’s COVID-19 Policy in effect at the time of sailing; and (11) other policies and procedures deemed by Carrier in its sole discretion to be necessary to reduce the risk of spread of COVID-19.
Passenger Testing Positive for COVID-19 Pre-Cruise. Passenger agrees that if at any time within 14 days prior to embarkation, Passenger tests positive for COVID-19, exhibits signs or symptoms of COVID-19, has had close contact with a person confirmed or suspected as having COVID-19, or Carrier otherwise determines in its sole discretion that Passenger is unfit to board because of any communicable illness, Carrier will deny boarding to such Passenger. Under no circumstances shall the Organiser or Carrier have any other liability for any compensation or other damages whatsoever, including but not limited to compensation for lodging or travel.
Passenger Testing Positive for COVID-19 During Cruise. Passenger understands and agrees that if, after boarding, and even if Passenger has fully complied with Carrier’s COVID-19 Policy, Passenger tests positive for COVID-19 or exhibits signs or symptoms of COVID-19, Carrier may disembark, refuse reboarding after a shore excursion, or quarantine Passenger as well as members of Passenger’s travelling party, or take other steps which Carrier determines, in its sole discretion, are necessary under the circumstances to protect the health and well-being of others. Each such Passenger is responsible for all other related costs and fines, including without limitation travel expense. Under no circumstances shall the Organiser or Carrier be liable to any such Passenger for any costs, damages or expenses whatsoever incurred by any Passenger.
7. HEALTH AND SAFETY
You agree to follow, comply with and abide by all of the rules and regulations of Carrier, the rules of the Ship and the orders and directions of the Master and other officers of the Ship or the Carrier in relation to health and safety.
The Master has the right to use reasonable means to enforce these rules and regulations, which may include your removal from the Ship, confinement in your cabin, or quarantine. The Carrier and the Master will have the right to deny boarding or to remove a Passenger from the Ship for any lawful reason. In the event that you are removed from the Ship for any reason, Carrier will not be liable to you for any refund, payment, compensation or credit of any kind.
You must attend all mustering drills while aboard the Ship. This is an exercise that is required by law and is held for your safety.Your failure to attend a mustering drill may result in your disembarkation from the Ship without liability to the Carrier.
You must attend all mustering drills while aboard the Ship. This is an exercise that is required by law and is held for your safety. Your failure to attend a mustering drill may result in your disembarkation from the Ship without liability to the Carrier.
There are risks inherent to being aboard the Ship. These include, by way of example, having to evacuate the Ship in case of emergency, having to move about on the Ship during rough seas and lack of access to full medical services. For people who are pregnant, ill or who are mentally or physically disabled or impaired, these risks are more significant and could create a risk to other passengers. For example: access to all parts of the Ship, other means of transportation or to facilities on shore may be difficult or impossible for some passengers. In addition, medical evacuation during the Cruise, whether at sea, by tender, or by deviating from the scheduled itinerary, may create an increased risk of harm to the Passenger and others and may not be feasible for a variety of reasons.
We reserve the right to determine, in our sole discretion exercised in good faith, whether and when a medical evacuation from the Ship will occur. For these reasons, we require that if you have any special medical or physical or other requirements, these be brought to our attention immediately and where possible before concluding your booking with the Organiser.
8. PREGNANCY
Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy.Women who have entered the 23rd week of pregnancy as of their embarkation date or who will enter their 23rd week of pregnancy during the cruise will be refused passage due to safety concerns.Neither a Doctor’s medical statement nor a waiver of liability will be accepted.In addition the Carrier cannot be held responsible or liable for any complications relating to pregnancy at any stage.
The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are not satisfied that the Passenger will be safe during the passage.
The Doctor is not qualified to deliver babies onboard or to offer pre- or post-natal treatment and neither the Doctor/medical provider nor the Carrier is responsible in respect of the ability to provide such services or equipment.Pregnant Passenger’s are referred to the section herein headed “Medical Treatment” for information regarding the medical facilities onboard.
9. DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY/ USE OF TENDERS
In order to ensure that the Carrier is able to carry Passengers safely and in accordance with applicable safety requirements established by, EU1177/2010, International or National Law in order to meet safety requirements established by competent authorities including Flag State and in order to avoid disappointment, Disabled Persons and Persons with Reduced Mobility are required to provide as much information to their Organiser at the time of booking to ensure their safety and comfort at the port and onboard the Vessel.
The Carrier reserves the right to refuse passage to anyone who has failed to notify it of their specific needs with regard to accommodation, seating or services required from the Carrier or terminal operator, or their need to bring medical equipment, or to bring a recognised assistance dog on board the Ship, or of any other known disabilities, or who in the Carrier’s and/or Master’s opinion is unfit or unable to travel, or anyone whose condition may constitute a danger to themselves or others on board on the grounds of safety and impact on the safety of others.
Where a Passenger is refused embarkation and/or disembarked as a result of safety and/or fitness to travel, the Carrier will not be liable for any loss or expense suffered by the Passenger as a result of such refusal of embarkation or disembarkation, nor will the Passenger be entitled to any compensation from the Carrier.
The Ship has a limited number of cabins equipped for Disabled Persons and Persons with Reduced Mobility.Not all areas or equipment on the Vessel are accessible to, or suitable for access to, Disabled Persons and Persons with Reduced Mobility.Disabled cabins must be pre-booked.
Passengers who need reasonable assistance and/or have special requests or need special facilities or equipment must notify the Organiser at the time of booking, who is not obliged to provide any assistance or special requests unless the Carrier has agreed to do so in writing prior to commencement of the cruise.The Carrier is not able to provide any assistance with personal care or mobility.There may be some ports where access is not operationally feasible or may not be safe.There may also be Shore Excursions and other activities which are unsuitable. Passengers must check the position at the time of booking.
If any Passenger needs to have any medical equipment onboard the Ship then it is the Passenger’s responsibility to notify the Organiser at the time of booking of the need for such medical equipment so that this information can be provided to the Carrier.Medical equipment will not be carried by the Carrier where it would be unsafe to do so and/or where arrangements are necessary in advance and the G has failed to notify the Organiser and/or the Carrier.
It is the responsibility of the Passenger to arrange delivery of medical equipment to the Ship.It is the Passenger’s responsibility to ensure that all medical equipment is in good working order and that there is enough equipment and supplies to last the entire cruise.The Ship does not carry any replacement equipment and access to shore side care and equipment may be difficult and expensive.Save where the Carrier agrees otherwise in writing, the Passengers are limited to two pieces of medical equipment at a total value not exceeding £3,100 per cabin.
Passengers must be able to operate all equipment. The Ship and the doctor onboard are not able to operate or to maintain or repair any such equipment.
The Ship is unable to offer respite care or one-to-one personal care or supervision or any other form of specialized care; any such care must be arranged by the Passenger.The Carrier can refuse carriage to any Passenger or require such Passenger to be accompanied by another Passenger to provide such services where the Carrier believes that this is strictly necessary on the grounds of safety.
Where the design of the Ship or port infrastructure and equipment make it impossible to carry out the embarkation, disembarkation or carriage of a Passenger in a safe or operationally feasible manner, or where a Passenger cannot be carried safely and in accordance with applicable safety requirements, then the Carrier can refuse to accept or embark a Disabled Person or Person with Reduced Mobility on the grounds of safety.
If any Disabled Person or Person with Reduced Mobility has any special seating requirements then these must be communicated at the time of booking or embarkation.
Those Passengers confined to wheelchairs must furnish their own standard size wheelchairs, and may not be able to access all ports or be able to safely use shore tenders.
TENDERS
In some ports, it is necessary to anchor offshore rather than alongside the shore. When this is the case the Carrier will use a tender to take passengers ashore. A tender is a small ship and may not be suitable for persons with Disabilities or Reduced Mobility or balance problems.When using tenders, safety is of the utmost priority. It is important that passengers are able to use these boats safely.
Passengers may be required to descend to a platform or pontoon and into the tender. There may be steps both up and down and passengers may need to navigate a gap between the platform and the tender (which can be approximately 1.5 ft.). Depending on weather, tide and sea conditions, there may be some movement, which could change throughout the course of the day.
Passengers must be fit and mobile enough to access and disembark the tender. If Passengers have impaired mobility, or use a mobility aid such as a stick, cane or walker then they must carefully consider their ability to embark the tender safely before making their way down to the platform. Passengers must take into consideration the use of steps, the gap and height difference between the platform and the tender , and the potential movement of the tender o when making a decision. Wheelchairs and mobility scooters will not be carried by the crew into the tender. All passengers must be independently mobile enough to use the tenders. Ultimately, carriage by tender may be refused by the Master or any of his/her officers if there is any doubt as to the safety of any passenger at a port where tender is to be used.
All passengers must take extra care when stepping on and off the tender . There will be crew members there to guide and steady Passengers as they embark and disembark but they cannot support, lift or carry passengers.
10. MEDICAL TREATMENT / SERVICES
Medical Services
Medical services are available on board the Cruise Ship as a convenience to Passengers.Medical facilities on board and in the various ports of call may be limited. The Carrier will not be liable in any way for referring guests ashore for medical services or for the actual medical services rendered ashore.
The Passenger hereby consents to treatment by the Ship’s doctor or other medical personnel, if any, or by a physician designated by Carrier if, subsequent to embarkation, the Passenger is unable to request or authorize such treatment and in the opinion of the Ship’s doctor needs medical attention.
The Passenger shall be charged for medical services and for medications and supplies used for his or her medical treatment onboard the Ship. The Passenger shall also be responsible for the payment of any medical expenses and other expenses in connection with medical debark or evacuation and medical conditions incurred ashore.
Medical Treatment
It is the Passenger’s obligation and responsibility to seek medical assistance from the qualified doctor on board the Ship as and when necessary during the Cruise.
The Ship’s doctor is not a specialist and the Ship’s medical centre is not required to be and is not equipped to the same standards as a land-based hospital. The Ship carries medical supplies and equipment as required by its flag state. Neither the Carrier nor the doctor will be liable to the Passenger as a result of any inability to treat any medical condition as a result.
In the event of illness or accident, passengers may have to be landed ashore by the Carrier and/or Master for medical treatment. The Carrier makes no representations regarding the quality of medical treatment at any port of call or at the place at which the Passenger is landed.
Passengers are advised to ensure that their insurance covers medical treatment, including any emergency repatriation costs.
Medical facilities and standards vary from port to port and the Carrier makes no representations or warranties in relation to such standards.
11. CONDUCT OF PASSENGERS
The health and safety of the Ship and all those onboard is of paramount consideration.Passengers must pay attention to and comply with all regulations and notices relating to the safety of the Ship, her crew and Passengers, the terminal facilities and immigration requirements.
Passengers must at all times conduct themselves in a manner which respects the safety and privacy of other persons onboard. The Carrier and the Master each reserves the right, without liability whatsoever, to refuse passage, disembark, quarantine, deny service of alcohol to, restrain or confine to a cabin or any other area any Passenger whose physical or mental condition, or behaviour, or the physical or mental condition or behaviour of any person in the Passenger’s Booking Party, is considered in the sole opinion of the Master and/or the ship’s physician to constitute a risk to the Passenger’s own well-being or that of any other Passenger, crew member or person, or to the safety of the Ship.The Carrier and the Master each reserves the right to refuse passage or disembark any Passenger with a criminal background.
Passengers must comply with any reasonable request made by any member of staff, the Master or his officers.No solicitation of goods and services of any kind is allowed on any Vessel. Photography, videotaping or recording of any kind for commercial purposes is prohibited unless authorized by the Carrier in advance. Guests may not hang, attach or otherwise display any flag, banner or sign from any part of the Vessel, including cabin balconies.
All Passengers must take care for their safety whilst walking on outside decks.Passengers and minors should not run around the decks or other parts of the Vessel.
Passengers’ luggage must not be left unaccompanied at any time.Unaccompanied luggage may be removed and/or destroyed.
The Passenger shall not bring onboard the Vessel any goods or articles of an inflammable or dangerous nature including firearms and explosives, nor any controlled or prohibited substance.Breach of these conditions and regulations shall render the Passenger strictly liable to the Carrier for any injury, loss, damage or expense and require the Passenger to indemnify the Carrier against any claim, final penalty arising from such breach. The Passenger may also be liable for statutory fines and/or penalties.
Each Passenger shall be liable to the Carrier and shall reimburse the Carrier for all loss, damage or cost sustained by the Carrier caused directly or indirectly, in whole or in part, by reason of any wilful or negligent act or omission of the Passenger. The Responsible Adult shall also pay to the Carrier the prevailing costs and fees imposed by the Carrier relating to the Responsible Adult’s failure to adequately supervise, control or care for the Responsible Adult’s minor child or ward.Further, the Passenger and person signing as the Responsible Adult shall defend, indemnify and hold harmless the Carrier from and against any liability (including reasonable legal fees) the Carrier may incur to any person or entity (Private or governmental) for any death, injury, damage, fine or penalty arising directly or indirectly, in whole or in part, by reason of any wilful or negligent act or omission of the Passenger.
12. INFANTS AND MINORS
No infants under six (6) months shall be booked on a cruise or cruise tour, nor brought onboard the Ship by any Passenger under any circumstances, and Carrier reserves the right to restrict the number of those Passengers under three (3) years of age aboard the Ship.
Any Passenger under the age of 18 shall be considered a minor and must travel with a parent or legal guardian or such other person as may be permitted by Carrier’s policies.
Unwed, unrelated couples must be eighteen (18) or over to be booked in the same cabin. Any child under the age of eighteen (18) must be accompanied by an adult over the age of twenty-one (21). In addition, if the adult accompanying this child is not a parent, a “Parental Consent Guardianship Form” must be signed by a parent or legal guardian and received by Carrier at least thirty (30) days prior to sailing.
Passengers under the age of eighteen (18) must be in a cabin either with a parent or a guardian over twenty-one (21) years of age. No one under the age of eighteen (18) is permitted in the Ship’s casino or to participate in any monetary-based games of chance (including Bingo) on board. When accompanying a minor or minors on the Ship, the adult Passenger agrees, for all purposes, to accept and maintain full responsibility for supervising and ensuring the safety and health of such minor(s) and to bear full responsibility for the actions of such minor(s).
Passenger further ensures such minor(s) shall abide by the provisions of this Contract, all shipboard rules and regulations including Carrier’s COVID-19 Policy, and all applicable laws. The adult Passenger further agrees that the Carrier is not liable for injury to minor(s) in the adult Passenger’s supervision arising from the willful or negligent acts or omissions of other Passengers or persons who are otherwise not acting on behalf of the Carrier. The adult Passenger also agrees that under no circumstances will a minor be left aboard the Ship while the adult Guest responsible for the minor leaves the Ship for any reason, and in such circumstance the adult Passenger agrees to indemnify and hold Carrier harmless for any and all loss, injury, or death of the minor or any other person involving the minor whatsoever. Adult Passenger must accompany all minors on any independently operated shore excursion purchased through Carrier. Proof of age and/or proof of marriage are required. Carrier shall not be liable to make any refunds or for any damages concerning any Passenger failure to provide proper proof of age or marriage or otherwise comply with this provision.
13. PASSENGER’S OBLIGATION TO COMPLY WITH CONTRACT, APPLICABLE LAWS, CARRIER’S RULES AND POLICIES; INDEMNIFICATION
Passenger's Agreement / Solicitation Prohibited.
Passenger shall at all times comply with the terms and conditions of this Contract, all applicable laws, and rules, policies and regulations of the Carrier, the Ship (as the same may be changed from time to time with or without notice) and including Carrier’s Public Health and COVID-19 Policy.
The Passenger accepts that failure to do so constitutes a material breach of this Contract which may subject the Passenger, as well as any accompanying Passenger(s), to involuntary disembarkation without liability whatsoever to the Carrier for any refund or any other related loss or expense to the Passenger, and any accompanying Passenger(s) and any such action may cause Passenger to be prohibited from sailing with Carrier in the future. Such Passengers will be solely responsible for all resulting financial fees, penalties and expenses to return home, and no refund of their unused Cruise Fare will be provided. Passenger further acknowledges and agrees that any violation of Carrier’s rules and regulations shall, in the sole discretion of Carrier, constitute a material breach of this Contract. In the event of such breach, Passenger forfeits all rights hereunder, including the right to remain on board.
Carrier reserves the right to disembark Passenger(s), at any port, as determined by Carrier. Carrier shall not be liable for any refund or other compensation or damages whatsoever to any Passenger disembarked pursuant to this clause or Contract, or who disembarks because another Passenger is so disembarked. The Passenger also agrees that he or she shall not solicit for commercial, professional, illegal, or illicit purposes Passengers s or others on board the Ship or advertise goods or services on board the Ship. Solicitation by vendors of goods and services, including, but not limited to, solicitation by Travel Advisors, is strictly forbidden. Passenger agrees not to enter any areas of the Ship designated for crew only, including crew quarters, under any circumstances whatsoever.
Medical Safety
The Passenger represents and warrants that the Passenger has received all medical inoculations necessary and that Passenger will at all times comply with the Ship’s rules and regulations and orders and directions of the Ship’s officers and medical staff and his or her conduct will not impair the safety of other Passengers, Crew, or the Ship or inconvenience other Passengers. Passengers with medical conditions understand and acknowledge that they should seek advice from their personal physician(s) prior to their cruise regarding their ability to physically or mentally participate in any aspect of cruise, including those activities onboard the ship or at any port of call.
Alcohol
Passengers understands and agrees that Passengers must be at least eighteen (18) years old to be served wine and beer, and at least twenty-one (21) years old to be served spirits. When docked or anchored in U.S. ports, or when the Ship is within the three-mile limit of the territorial U.S., Passengers must be at least twenty-one (21) years old to be served any alcoholic beverage. Passengers agrees not to attempt to provide or consume alcoholic beverages in violation of this policy to anyone under twenty-one (21) years of age, either for themselves or others. Carrier reserves the right to refuse alcoholic beverages to any intoxicated or underage Passenger. Passenger acknowledges and agrees that Carrier reserves the right to prohibit and retain all liquor brought aboard the Ship.
Smoking
Passengers shall observe the nonsmoking areas on board the Ship. Indoor smoking is permitted only in the Connoisseur Club smoking lounge. Smoking is prohibited in all other indoor areas of the ship including all other public rooms, lounges, corridors and restaurants, as well as all staterooms, suites and verandahs. If smoke is detected in a stateroom or suite, Passenger acknowledges and agrees that a cleaning fee of $250 per occurrence will be billed to Passenger's account. Outdoor smoking is allowed in a limited number of designated spaces on Carrier’s ships, which are posted on the Ships. If there is any ongoing violation of the non-smoking policy, Carrier reserves the right and Passenger acknowledges that he or she may incur additional fines up to and including disembarkation without refund.
Illegal Activity
Passenger understands and agrees that Carrier has a zero-tolerance policy for illegal activity and shall report such activity to the appropriate authorities. The Passenger shall indemnify Carrier for all penalties, fines, charges, losses or expenses incurred or imposed upon Carrier or the Ship by virtue of an act or violation of law by the Passenger.
Passenger Liability for Death, Personal Injury and Property Damage or Theft
The Passenger shall be liable to and shall reimburse Carrier for all damages or loss of or to the Ship and its furnishings and any equipment or property of Carrier or any other Passenger caused directly or indirectly, in whole or in part, by any act or omission of the Passenger or those for whom the Passenger is responsible, whether willful or negligent, including but not limited to, theft or any other criminal act. The Passenger shall further indemnify Carrier and each and all of its agents or servants against any and all liability whatsoever arising from any personal injury, death or damage or loss whatsoever caused directly or indirectly, in whole or in part, by any act or omission of the Passenger or those for whom the Passenger is responsible.
No Right to Refund for Violation of Clause 13 above
If Carrier exercises its rights under clause 13 above, the Passenger shall have no claim against Carrier whatsoever and Carrier shall have no liability for refund, compensation loss or damages of Passenger, including but not limited to any expenses incurred by Passenger for accommodations or repatriation.
14. RIGHT TO CONFINE, QUARANTINE, DISEMBARK PASSENGER
Right to Disembark, Confine and Quarantine
Carrier, without any liability, including liability for refund, payment, compensation or credit, may disembark or refuse to embark Passenger because of the action or inaction of the Passenger, confine Passenger in a cabin or other area of the vessel deemed appropriate under the circumstances, quarantine the Passenger, restrain the Passenger, change Passenger’s accommodations or disembark the Passenger at any time if, in the sole opinion of Carrier, the Passenger or any minor or other person in Passenger’s care during the Voyage are unfit for any reason for the Voyage, or the Passenger’s presence might be detrimental to Passenger’s health, comfort or safety or that of any other person. The Captain and/or the ship’s officers have the right in their sole discretion to make decisions concerning the safety and security of the Ship and the health, safety and security of those on board.
15. PASSENGER REFUSAL TO DISEMBARK OR GUEST DISEMBARKATION PRIOR TO END OF VOYAGE
If the Passenger is refused passage or leaves the Ship prior to the end of the Voyage for any of the reasons described in this Section or for other reasons including, but not limited to, personal, medical, or business reasons, Carrier will not be liable or required to refund any portion of the Cruise Fare, or be responsible for any payment, compensation or credit of any kind or for any of the Passenger’s costs.
16. NO LIABILITY FOR INDEPENDENT CONTRACTOR CONCESSIONAIRES
Passenger acknowledges that the Ship’s onboard concessions (including but not limited to, the gift shops, spa, beauty salon, and fitness center) (“Concessionaire Services”) are either operated by or are independent contractors. Even though Carrier shall be entitled to collect a fee and earn a profit from the provision of such Concessionaire Services, Carrier neither supervises nor controls their actions, nor makes any representation either express or implied as to their suitability. Carrier, in arranging for the Concessionaire Services of all on board concessions, does so only as a convenience for the Passenger.
The Passenger agrees that Carrier assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to the Passenger in connection with the Concessionaire Services. Passengers use the Concessionaire Services of such independent contractors at the Passenger’s sole risk. Independent contractors are entitled to make a proper charge for any service performed for a Passenger. Carrier makes no representation of any kind concerning independent contractor concessionaires and takes no responsibility for them, even if, as a convenience to Passengers.
Passenger further acknowledges that although independent contractor concessionaires or their employees may use signage or clothing which contains the name and/or logo of “Crystal Cruises” or other related trade names or logos, the independent contractor status remains unchanged. Independent contractors, their employees and assistants are not agents, servants or employees of Carrier and have no authority to act on behalf of Carrier.
17. NO RIGHT TO REFUND FROM CARRIER FOR SPA, TRANSPORT, TOURS AND OTHER THIRD-PARTY OPERATIONS
The Passenger shall have no right to any refund and Carrier shall have no obligation or liability of any kind to the Passenger for acts or omissions in connection with or arising out of arrangements with independent contractors since they are not agents or employees of Carrier. Arrangements with independent contractors include, but are not limited to, the following: (i) services or products available for the Passenger’s convenience on board the Ship and furnished by barbers, hairdressers, manicurists, masseurs, spa operators, photographers, entertainers, instructors, lecturers and others;( ii) services, products or transportation provided elsewhere than on board the Ship which are furnished by others in connection with sightseeing tours pre-Voyage and post-Voyage, visas, passports, tours, excursions and shore trips, including, but not limited to, tender service, whether arranged or organized by tour operators, travel advisors or Carrier.
18. THIRD PARTY CHARGES TO PASSENGERS
The independent contractors shall be entitled to charge for any products sold, services rendered, or transportation provided to the Passenger either directly or, as a convenience to Passenger, through Carrier, for which services Carrier is entitled to impose a charge and earn a profit. Refunds will not be given for partially used services. No refund will be made for missed hotel nights or other program features due to airline delays or other factors beyond the control of Carrier.
19. NO VICARIOUS LIABILITY FOR ACTS OF THIRD PARTIES AND OFF DUTY EMPLOYEES
In consideration for the fare paid, it is agreed that Carrier shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Carrier nor for any intentional or negligent acts of Carrier’s employees committed while off duty or outside the course and scope of their employment.
20. NO LIABILITY FOR PASSENGERS PARTICIPATION IN ATHLETIC OR RECREATIONAL ACTIVITIES
In consideration for the fare paid, it is agreed that Carrier shall have no liability for any injuries or damages which occur while Passenger participates in any athletic or recreational activities aboard the Ship, onshore or at any port of call, including, but not limited to, Passenger participation in snorkeling programs or Passenger use of any jet ski, golf, onboard waterslides, gymnasium, jogging, swimming, diving, etc. By using such facilities, the Passenger agrees to assume all risks arising therefrom and does hereby fully release and discharge Carrier from any and all claims, demands, damages, causes of action, present or future, whether the same be known, anticipated or unanticipated, resulting from, related to, in connection with, and/or arising out of the Guest's use or intended use of such facilities and/or activities.
21. NO LIABILITY FOR EMOTIONAL OR PSYCHOLOGICAL INJURIES AND MENTAL SUFFERING
Carrier shall not be liable to the Passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of Carrier and resulting from the same Passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to be intentionally inflicted by Carrier.
22. NO LIABILITY FOR PASSENGER’S EXPENSES
If Passenger is required to remain on board the Ship or elsewhere, due to injury, illness, or disability, or due to action of any government or authority, or for any other reason not the fault of Carrier, Passenger must pay or reimburse Carrier for all resulting costs and expenses including for food, transportation, accommodation, medical and/or repatriation services including but not limited to such costs incurred by or on account of services provided by port agent and other shoreside service providers, including luggage shipping costs for the Passenger and those accompanying the Passenger.
23. PASSENGER’S USE AND DISPLAY OF PHOTOS, VIDEOS AND RECORDINGS PROHIBITED
Photographs
Photographers may be present on the Ship and may take photographs on board. Signage will be present in areas where photographers are operating which notifies Passengers of the fact that photography is taking place. If a Passenger does not wish for their image to be included in any such photographs, the Passenger should notify a member of the crew on the Ship. Carrier will not use photographs which include identifiable faces without first obtaining the Passenger’s written consent to such use. In all such cases, Carrier shall only take photographs and use them in according with Carrier’s privacy policy,
Liability for use of carrier’s or another passenger’s photographs
Passenger expressly agrees not to use any photograph, video recording or other visual or audio portrayals of Passengers and/or any other Passenger whether that be in combination with crew or the Ship, or depicting the Ship, its design or equipment or any part thereof whatsoever and/or display or use of another Passenger’s photograph for any commercial purpose or in any media broadcast or for any other non-private use, without the express written consent of the other Passenger and/or Carrier, as applicable. Carrier is permitted to take any and all reasonable measures to protect Carrier and enforce this Section of the Contract.
24. SHORE EXCURSION
Shore Excursions are available for purchase on board the Ship or prior to embarkation from the Organiser or Carrier who will at all times endeavour to appoint reputable and competent local Suppliers in respect of these Shore Excursions. The terms and conditions of the Suppliers will be applicable. These may limit or exclude liability of the Supplier.
Where the Passenger purchases Shore Excursions and activities directly with a local Supplier then in such circumstances, the local Supplier is entirely independent of the Organiser or Carrier even where the Organiser or Carrier assist in booking such activities available as agent or otherwise. The Organiser or Carrier is not responsible for any acts or omissions that are wholly attributable to the fault of the local Supplier.
Shore Excursions may not all be suitable for Disabled persons or Persons with Reduced Mobility. Local Supplier’s Shore Excursions are performed by independent contractors. The Carrier does not operate, perform or otherwise organize and/or audit any Shore Excursions. All Shore Excursions are governed by the terms and conditions of the supplier. The Carrier is not responsible for their performance or their negligence or other breach of duty.
Such independent Shore Excursion providers do not at any time act as agents or representatives of the Carrier. The Carrier does not own or control any such independent contractors, makes no representation of any kind as to their performance and does not undertake to control or supervise their activities. Any Passenger using the services or activities of such independent contractors shall be deemed to agree and consent that any liability for any death, personal injury, illness, emotional distress, mental suffering or psychological injury to the guest or loss of or damage to property shall be the sole responsibility of the independent contractor providing such service or activity. The Carrier shall not be or become liable or responsible in any way for any act or omission of any such independent contractors pertaining to, or arising from, or in connection with, such services or activities.
25. SHORE VISITS
Passengers who disembark the Ship at any ports of call will do so entirely at their own risk and the Carrier shall be exempt from any liability in respect of any loss, damage, expense, inconvenience, sickness or injury of whatever kind or death caused of or to such Passenger or to any person or child travelling with him or her in his or her care or of or to any luggage carried by such Passenger from time to time that the Passenger disembarks until the Passenger re-embarks abroad the Vessel.
26. PASSENGERS LUGGAGE AND PERSONAL PROPERTY/ PROHIBITED ITEMS
The Carrier does not undertake to carry as Baggage any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments, or other Valuables. Each Passenger is permitted to carry onboard the Ship or check-in without charge the wearing apparel and personal effects reasonably necessary for the Cruise, including suitcases, trunks, valises, satchels, and bags containing clothing and hangers, toiletries and similar items, subject to airline restrictions. Passengers are encouraged to contact individual airlines for weight limitations. All baggage must be securely packed and distinctly labeled with the Passenger’s full name, the name of the Ship, the Passenger’s stateroom number and the sailing date. All checked Baggage must be locked. Under no circumstances will Baggage be stored onboard without the owner being on the Ship.Carrier reserves the right to inspect all Baggage for the safety and security of the Ship and deny any such Baggage it deems unreasonable or unsafe.
Passengers must personally carry Baggage containing Valuables at all times, including, but not limited to, on and off the Ship. Passenger should not give Baggage containing Valuables to anyone, including, but not limited to, porters, Ship personnel or anyone else who is not known personally to the Passenger, regardless of any assurances given to the Passenger that it is safe to do so, including, but not limited to, during transit to and from the airport, arrival at the Ship, boarding and checking into Passenger’s stateroom or suite, or at any other time while traveling. Baggage containing Valuables is always the full and sole personal responsibility of the Passenger and may not be included with checked Baggage. Passengers are personally responsible for their Baggage containing Valuables throughout the travel process and should personally ensure that their Valuables are carried to their staterooms or suites and stored appropriately in the stateroom or suite safe or in the Ship safe available at the front desk. Carrier is not responsible for loss of or damage to any Valuables.
The Carrier shall not be liable for loss, damage or delay in delivery of any Luggage.
Passengers Luggage shall include only personal belongings, and any commercial property shall be subject to an additional charge.
The Carrier shall not be responsible for any fragile or perishable property carried by the Passenger.
All Luggage must be claimed upon arrival of the Ship at final port or it will be stored at Passenger’s risk and expense.
The Passenger shall not be liable to pay or receive any General Average contribution in respect of Luggage or personal effects or property.
The Carrier shall have a lien upon and the right to sell by auction or otherwise, without notice to the Passenger any Luggage belonging to any Passenger in satisfaction of unpaid monies or of any other monies which may in any way have become due by the Passenger to the Carrier or to its servants, agents or representatives.
In no event shall any Passenger bring on board the Ship or check-in, or in connection with the Land Tour, any illegal controlled substances (including medical marijuana), fireworks, live animals, weapons, firearms, drones, explosives or other hazardous materials, or any other items prohibited by applicable law or Carrier policy. Marijuana possession and/or use, including medical marijuana, and possession or use of any illegal drugs, is strictly prohibited in many jurisdictions visited by the Ship and at all times while on the Ship, as well as in terminals, during shore excursions or any other part of the Cruise, regardless of any local, state, or other laws which might permit use or possession of marijuana. Passengers who violate the laws of any jurisdiction are subject to being reported to law enforcement or customs authorities, arrest and prosecution. Passengers who bring on board dangerous items, marijuana in any form, or any illegal drugs or controlled substances are also subject to immediate disembarkation or denial of boarding. Passenger shall have no claim for refund, loss, damage, inconvenience, or compensation whatsoever under any of these circumstances. Passenger shall be responsible to notify Carrier in advance of the Cruise if there is any question as to the permissibility of taking any item or substance onboard the Ship. Carrier reserves the right to refuse to permit any Passenger to take on board the Ship any item Carrier deems inappropriate.
Carrier provides safekeeping for Valuables aboard the Ship and encourages Passengers to deposit any jewelry or other Valuables brought aboard the Ship with the Reception Desk staff who will issue a receipt for same. Carrier provides an in-room personal safe for Guest’s convenience. HOWEVER, CARRIER SHALL NOT BE LIABLE, IN ANY EVENT, FOR ANY LOSS OF OR DAMAGE TO VALUABLES STORED IN THE IN-ROOM SAFE.ALL REPORTED VALUABLES SHALL BE DELIVERED TO THE RECEPTION DESK FOR SAFEKEEPING AND A RECEIPT ISSUED. THE VALUE OF ARTICLES DELIVERED FOR SAFEKEEPING SHALL ALSO BE DEEMED NOT TO EXCEED U.S.D. $250.00 UNLESS THE GUEST DECLARES IN WRITING THE ARTICLES DELIVERED ARE OF A HIGHER VALUE AND PROVIDES A COPY OF PURCHASE RECEIPT OR INSURANCE COVER ON WHICH THE ITEM AND VALUE IS LOGGED.
27. LIABILITY OF THE CARRIER
The liability (if any) of the Carrier for damages suffered as a result of death or personal injury to the Passenger, or loss or damage to luggage shall be governed by EU Regulation 392/2009 and The Athens Convention. The provisions of EU Regulation 392/2009 and The Athens Convention are hereby expressly incorporated into these Conditions of Carriage.
The Carrier shall be entitled to the benefit of all the limitations, rights and immunities provided by EU Regulation 392/2009 and The Athens Convention including without limitation the full deductible under EU Regulation 392/2009 and Article 8(4) of The Athens Convention. EU Regulation 392/2009 and The Athens Convention limits Carrier’s liability as follows: (a) for death or personal injury of a passenger caused by a “shipping incident”, a passenger has a right to compensation from Carrier of up to 250,000 SDR (as of January 29, 2023 approximately £273,098) in any event, with the exception of circumstances beyond Carrier’s control (i.e., act of war, natural disaster, act of a third party); however, compensation paid by the Carrier can go up to 400,000 SDR (as of January 29, 2023 approximately£436,957) unless Carrier proves that the incident occurred without its fault or neglect; (b) for death or personal injury of a passenger caused by a non “shipping incident”, a passenger has a right to compensation from Carrier of up to 400,000 SDR (as of January 29, 2023 approximately £436,957), if the passenger proves that the incident was the result of Carrier’s fault or neglect; (c) for a passenger’s luggage or other property, a passenger has a right to compensation from Carrier of up to 2250 SDR (as of January 29, 2023 approximately £2,457) per passenger; and, (d) the Carrier’s insurance provider will not under any circumstances be liable for sums in excess of 250,000 SDR (as of January 29, 2023 approximately £273,098) in respect of death and/or personal injury; there are limited circumstances in which the Carrier’s insurance provider is not required to make a payment.The value of the SDR fluctuates depending on daily exchange rate which can be found in the Wall Street Journal and on the Internet at http://www.imf.org/external/np/fin/data/rms_sdrv.aspx. The term “shipping incident” is defined in EU Regulation 392/2009 as follows: “shipping incident” for the purposes of this regulation include: shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship or defect in the ship.
The limits of liability under the terms of EU Regulation 392/2009 and The Athens Convention shall be applicable to the Carrier’s servants and/or agents and/or independent contractors in accordance with EU Regulation 392/2009 and Article 11 of The Athens Convention.Any damages payable by the Carrier shall be reduced in proportion to any contributory negligence by the Guest as provided in EU Regulation 392/2009 and Article 6 of The Athens Convention.
It is presumed under EU Regulation 392/2009 and The Athens Convention that the Carrier has delivered luggage to a Guest unless written notice is given by the Guest within the following periods:
- in the case of apparent damage before or at the time of disembarkation or redelivery
- in the case of damage which is not apparent or loss of Luggage within fifteen days from the disembarkation or delivery or of the date that such delivery should have taken place.
The Carrier shall not be liable for loss or damage to any valuables such as monies, negotiable securities, precious metal items, jewelry, art, cameras, computers, electronic equipment, or any other valuables unless they are deposited with the Carrier for safe-keeping, and a higher limit is agreed expressly and in writing at the time of deposit, and an extra charge is paid by the Passenger for declared value protection.The use of a safe deposit box/safe in the stateroom, whether for a charge or otherwise, is not a deposit with the Carrier for the purposes of EU Regulation 392/2009 and The Athens Convention.
In addition to the restrictions and exemptions from the liability provided in the Conditions of Carriage, the Carrier shall have full benefit of any applicable laws providing for limitation and/or exoneration of liability (including without limitation, law and/or the laws of the Vessel’s flag in respect of/or the global limitation on damages recoverable from the Carrier).Nothing in these Conditions of Carriage is intended to operate to limit or deprive the Carrier of any such statutory or otherwise limitation or exoneration or liability.The Servant and/or agents of the Carrier shall have the full benefit of all such provisions relating to the limitation of liability.
Without prejudice to the provisions of clauses 26 above, if any claim is brought against the Carrier in any jurisdiction where the applicable exemptions and limitations incorporated in these Conditions of Carriage are held to be legally unenforceable then the Carrier shall not be liable for death, injury, illness, damage, delay or other loss or detriment to any person or property arising out of any cause of whatsoever nature which has not been shown to have been caused by the Carrier’s own negligence or fault.
Where the cruise is performed on a ship not owned by the carrier, the carrier will at all times nevertheless be deemed a ship carrier 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 the United Kingdom by virtue of the merchant shipping act 1995, and so entitled to limit liability thereunder.
All claims under retained EU Regulation 392/2009 and/or the Athens Convention 2002 must be brought within 2 years of the date of disembarkation from the ship. all claims are absolutely time barred after 2 years. this time bar applies to all passengers including minors and any person who is legally incompetent or under any other disability.
All limits are per passenger per carriage and are applicable regardless of the number of defendants.
The Carrier and Passenger agree not to demand any security from the other in connection with a claim of any kind. The Passenger waives the right to arrest the cruise ship or to attach any other asset owned, chartered or operated by the Carrier. if the cruise ship is arrested or attached, then the Ship and the Carrier will have the right to any limitation and all defences available herein. In the event of an in rem proceeding against the Ship, Passenger hereby irrevocably agrees that the posting of a letter of undertaking from any of Carrier's insurers will constitute an adequate and appropriate form of security for the immediate release of the Ship in lieu of arrest.
Any incident or accident resulting in injury, illness, or death to the Passenger must be reported immediately to the Ship’s officers.
28. NO LIABILITY FOR EMOTIONAL DISTRESS OR CONSEQUENTIAL DAMAGES
We do not accept any liability to you under any circumstances for infliction of emotional distress, mental suffering or psychological injury that was not: (i) the result of physical injury to you caused by the negligence or fault of a crewmember or the manager, agent, Master, Carrier or operator of the Ship; (ii) the result of you having been at actual risk of physical injury caused by the negligence or fault of a crewmember or the manager, agent, Master, Carrier or operator of the Ship; or (iii) intentionally inflicted by a crewmember or the manager, agent, Master, Carrier or operator of the Ship. In no event will we be liable to you for consequential damages, including lost revenues or business expectancies, or incidental, exemplary or punitive damages.
29. LIMITATIONS APPLICABLE TO OTHER ENTITIES
Certain third parties derive rights and exemptions from liability as a result of these Conditions of Carriage. Specifically, all of our rights, exemptions from liability, defences and immunities (including, but not limited to, those arising under Clause 26 or otherwise under any applicable law) will also apply to the benefit of our employees and agents, together with the Ship and the Ship’s tenders, equipment, operators, managers, charterers, officers, staff, crewmembers, contractors or subcontractors with respect to the Cruise, shipbuilders and manufacturers of all component parts. These third parties will have no liability to you, either in contract or in tort, which is greater than or different from ours.
30. GUESTSAFETY
Carrier endeavors at all times to exercise reasonable care for Passengers comfort and safety on board its Ships. However, Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime, health risks or other potential sources of harm. Carrier’s ships visit numerous ports in a number of countries. Passengers assume responsibility for their own safety and Carrier cannot guarantee Passenger’s safety at any time.
31. PASSENGER'S LIABILITY
Payment for medical care
Passenger must pay for all medical care or other personal services requested or required, whether on board or ashore, including the cost of any emergency medical care, evacuation or transportation incurred by Carrier. If Passenger is unable to pay and the Carrier pays for such expenses, then Passenger must reimburse Carrier for those expenses.
Payment of port charges, health fees, quarantine and other charges
You will pay all port charges, health fees, quarantine dues and similar charges. In case of delay, detention or cancellation by quarantine order, or by a similar order or recommendation of ours or a public agency due to concerns for public health, safety or security, you will bear all risks and expenses incurred due to such action unless we are required by the law of the country concerned to assume such costs.
Reimbursement of expenses incurred on your behalf
You will be required to reimburse us for all expenses we incur as a result of the need to provide you with medical services, as a result of any misrepresentation made by you, as a result of your detention by immigration, health or port authorities, or as a result of any personal injury or damage caused by your acts or omissions or the acts or omissions of any Minor traveling with you. We will have a lien for such expenses on your property that you have taken with you on your Cruise. If due to weather or other unforeseen reasons, flights are adversely impacted or you are otherwise required to spend an additional night in a location, hotel and meal costs are your responsibility.
You assume all risks for injury, death or loss as a consequence of your use of the Ship’s athletic or recreational equipment (except where such equipment is defective) or as a consequence of criminal conduct or negligence by any third party.
32. CHANGES OR CANCELLATION BY CARRIER
Change in itinerary
Although we will use commercially reasonable efforts to provide you with the Cruise, situations may occur which result in changes being made. By way of example only, we may adjust itineraries and schedules, delay departures or arrivals, or cancel a Cruise due to casualty, weather, port congestion, difficulty docking, labour problems, medical emergency, the need to render assistance to others, governmental or insurer directives, passenger or employee injury or illness, schedule delays or changes by third parties, conflicting charter schedules, repair and maintenance requirements, fuel or other shortages, or damage to the Ship, other means of transportation, roads, tracks, bridges, docks, equipment or machinery. Furthermore, the Master of the Ship may, in his/her sole discretion, elect not to proceed in the ordinary course. Consequently, we cannot guarantee the itinerary of the Cruise (including time of sailing from or arrival at any port or that all ports will, in fact, be called at).
Your safety is very important to us. For safety or other reasons that we believe qualify as good cause, we may, without notice, substitute any suitable ship, ships or other means of transportation, change any date of sailing or travel or cancel any sailing, port of call or the entire Cruise.
Cruise cancellation
If the Cruise is cancelled by us due to unavoidable and extraordinary circumstances which significantly affect the performance of the Cruise or the carriage of Passengers to the destination (for example, natural disasters or acts of terrorism), we may disembark you at any port, and arrange transport (at our expense) for you and your property to or toward a port or location from which you may return home. The means of conveyance may or may not belong to us and may or may not proceed directly to the desired destination. If a Cruise is cancelled by us before commencement, you will be able to claim a refund from the Organiser for any payments made at the time of such cancellation.
Where we are required to provide hotel accommodation pursuant to Retained EU Regulation 1177/2010, this will be limited to 3 nights and £70 pounds per Passenger per night, except for Persons with Reduced Mobility and any person accompanying them, pregnant women and persons in need of specific medical assistance who have notified us or the Principal of their needs at least 48 hours before the Initial Departure, to whom no limitation on accommodation costs will apply.
33. DISEMBARKATION
You acknowledge that many countries have laws that prohibit cruise passengers from permanently disembarking at a port other than the port of final destination. If you do permanently disembark before reaching the final destination, even if due to personal emergency or illness, a fine or penalty may be imposed by the country in which you disembark. In consideration of the fare paid, you hereby agree to pay any such fine or penalty imposed on the Carrier or Ship because of your failure to complete the entire Cruise.
34. RECOGNISED ASSISTANCE DOGS AND PETS
With the exception of recognised assistance dogs, animals and/or pets (including companion animals and emotional support animals) are not allowed on board the Ship under any circumstances without the Carrier’s permission in writing. Any such animals or pets brought on board by the Passenger without permission will be taken into custody and arrangements will be made for the animal to be landed at the next port of call at the Passenger’s sole expense.
Recognised assistance dogs are subject to and must comply with national and international laws regarding health, inoculations, training and travel. It is the Passenger’s responsibility to have all necessary papers and check regulatory requirements for each port of call prior to the Cruise and to be satisfied that the assistance dog can be carried to the ports of embarkation and disembarkation and that the dog is not prohibited from going ashore at the various ports of call.
35. PASSENGER’S USE AND DISPLAY OF PHOTOS, VIDEOS AND RECORDINGS PROHIBITED
Passenger Photographs
Photographers may be present on the Ship and may take photographs on board. Signage will be present in areas where photographers are operating which notifies Passengers of the fact that photography is taking place. If Guest does not wish for their image to be included in any such photographs, Passenger should notify a member of the crew on the Ship. Carrier will not use photographs which include identifiable faces without first obtaining Passenger’s written consent to such use. In all such cases, Carrier shall only take photographs and use them in according with Carrier’s privacy policy.
Liability for Use of Carrier’s or Another Passenger’s Photographs
Passenger expressly agrees not to use any photograph, video recording or other visual or audio portrayals of Passenger and/or any other Passenger whether that be in combination with crew or the Ship, or depicting the Ship, its design or equipment or any part thereof whatsoever and/or display or use of another Passenger’s photograph for any commercial purpose or in any media broadcast or for any other non-private use, without the express written consent of the other Passenger’s and/or Carrier, as applicable. Carrier is permitted to take any and all reasonable measures to protect Carrier and enforce this Section of the Contract.
36. PASSENGER’S REIMBURSEMENT FOR FINES, EXPENSES, DEBTS AND DAMAGES
Passenger’s Reimbursement for Fines
The Passenger shall be liable to and shall reimburse Carrier for any fines or penalties imposed on Carrier by any government, g Passenger governmental agency or official, port or port official, or for expenses or losses caused or incurred for ’s negligent or intentional act or omission or Passenger’s failure to observe or comply with local requirements concerning immigration, border patrol, customs and excise, agriculture, health, environment or any other government regulation whatsoever, including Passenger’s failure to board the ship prior to the scheduled departure time at any port, and the Passenger shall be liable for any and all losses and fines caused by their actions concerning illegal dumping or pollution of any kind, including discharge of any item into the ocean and/or waterways. For Passenger s who embark the Vessel in violation of the Contract terms, any/all resulting damages, losses, costs, expenses, credits, refunds and related claims, including without limitation those related to a deviation of the Vessel to disembark such Passengers, shall be the sole responsibility of the Passenger.
Passenger Liability to Reimburse Carrier for Misconduct. The Passenger or Passenger’s estate shall be liable to and shall reimburse Carrier for all deviation expenses (including loss of revenue), fines or penalties, damages to the Vessel, its furnishings, operations or equipment, or any property of Carrier caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Passenger or any minors traveling with the Passenger, including discharge and release of any unauthorized item overboard, without the express permission of the ship’s staff. The Passenger or Passenger’s estate shall defend and indemnify Carrier and the Vessel, their servants and agents against liability which Carrier or the Vessel or such servants or agents may incur towards any person, company or Government for any damage to property, personal injury or death caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Passenger or minors traveling with Passenger.
Lien on Guest Property. Carrier and the Vessel shall have a lien upon all Baggage, Valuables, money and other property whatsoever accompanying the Guest and the right to sell the same by public auction or otherwise for all sums whatsoever due from the Guest under this Contract and for the costs and expenses of enforcing such lien and such sale.
37. SURVEILLANCE, RECORDINGS, PERSONAL DATA
SURVEILLANCE
Carrier will use surveillance onboard the Vessel as Carrier is legally required to carry out such surveillance due to the nature of the services it provides. Carrier will also use surveillance to, among other things, facilitate and expedite Passenger’s embarkation and/or debarkation and for health and safety purposes. Passenger acknowledges and agrees that such devices may record videos and images of the Passenger that may be stored and used only as deemed necessary by Carrier to comply with the law, regulations, governmental requests or orders, or any legal investigation or claims process and always in accordance with the terms of Carrier’s privacy policy
PASSENGER’S PERSONAL DATA
Recording of Calls to and from Carrier. Guest understands, acknowledges and agrees that calls made to and from Carrier may be recorded for the purposes of training and monitoring services provided by Carrier and in resolving disputes between Guest and Carrier. Such recordings will be made and held in accordance with Carrier’s privacy policy.
Disclosure of personal data
In order to process the Passengers booking with the Organiser and to ensure that the Passengers travel arrangements run smoothly and that the Carrier comply with its legal obligations to perform its holiday contract with the Passengers Organiser the Carrie requires the Passenger’s Organiser to provide personal data relating to all persons travelling on the booking, including children (data subjects).The Carrier shall collect such personal data in accordance with its privacy and data protection policies.
Personal data means any data relating to the data subject, such as name, e-mail, postal address, date of birth, nationality, passport or ID number, bank or credit card details, biometric data for the purpose of uniquely identifying the Passengers, data concerning health for the purposes of monitoring and alert purposes, the prevention or control of communicable diseases and other serious threats to health, including any special needs/dietary requirements, name and communication details of a person to contact in case of an emergency Special category of data includes racial or ethnic origin and religious beliefs.
In accordance with its policies the Carrier shall only seek such personal data as is necessary to comply with its legal obligations (for example immigration and governmental requests) or to perform its contract with the Passengers safely which includes information relating to medical conditions, reduced mobility or any disability which may be relevant to providing appropriate facilities and or assistance or assessing whether the holiday or any element provided is safe and suitable. Such personal data the Passengers shall provide to the Organiser may be stored, used, disclosed by transmission or otherwise made available to other suppliers or third parties in order to enable the Carrier to perform different parts of its contract with the Passengers . The Passengers personal data may be required and provided to security or credit checking companies, public authorities such as customs/immigration or as required by law.
