Cunard Cruises TOC
Terms and Conditions Below are Accurate as of 5/28/2020
MPORTANT NOTICE TO GUESTS: PLEASE CAREFULLY READ THE FOLLOWING PASSAGE CONTRACT TERMS THAT GOVERN ALL DEALINGS BETWEEN YOU AND CARRIER, AFFECT YOUR LEGAL RIGHTS AND ARE BINDING ON YOU, TO THE FULL EXTENT PERMITTED BY LAW, PARTICULARLY SECTION 12 GOVERNING THE PROVISION OF MEDICAL AND OTHER PERSONAL SERVICES, SECTIONS 13 AND 14 LIMITING CARRIER’S LIABILITY for your death, illness, injury, OR damage claims relating to baggage OR personal property, and section 15 limiting YOUR RIGHT TO SUE.
1. INTRODUCTION; DEFINITIONS; GOVERNING LAW.
Upon booking the Voyage, each Guest named on the travel summary explicitly agrees to the terms of this Passage Contract. Any Guest booking or purchasing the Voyage represents that he or she is authorized by all accompanying Guest(s) to accept and agree to all the terms and conditions set forth herein. Upon receipt of the Voyage Fare, Carrier accepts the Guest(s) named on the travel summary for the Voyage subject to the terms of this Passage Contract. Guest acknowledges and agrees that, except as otherwise expressly provided herein, the resolution of any and all disputes between Carrier and any Guest shall be governed exclusively and in every respect by the general federal maritime law of the United States, which the Guest agrees replaces, supersedes and preempts any provision of law of any state or nation to the contrary.
This Passage Contract constitutes the entire understanding and agreement between You and Carnival plc, trading as Cunard Line, the owner and operator of all Cunard Line brand ships (“Carrier”), and supersedes any prior oral, implied, written or other representations or agreements between You and Carrier except that in the event of a direct conflict between a provision of this contract and a provision of the Cruise Industry Passenger Bill of Rights (PBOR) in effect at the time of booking, the PBOR controls. This Passage Contract governs the relationship between You and Carrier, whether the Voyage is purchased by You or on Your behalf, and can only be modified by a writing signed by Carrier. You may not sell, assign or transfer the Your booking, eDocs or eTickets, and no person other than that named on the e-ticket may use the e-ticket. Any portion or provision of this Passage Contract which is invalid, illegal or unenforceable shall be ineffective only to the extent of such invalidity, illegality or unenforceability and, except as noted in Section 15(d) below, shall be severed from this Contract without affecting in any way the remaining provisions of the Passage Contract which shall remain in full force and effect.
For the purposes of the defenses, limitations of liability and rights of the Carrier set forth in this Passage Contract only, “Carrier” also includes the ship named on the travel summary and/or e-ticket (or any substituted ship), the ship’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, independent contractors, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires.
“Voyage” means the scheduled voyage as published in the travel summary and/or e-ticket issued in connection with this Passage Contract, as may be amended pursuant to this Passage Contract, from the port of embarkation to the port of disembarkation, and also includes any air, rail, road or sea transport and any land accommodation components of any land-sea programme sold, taken with or included in the price of the Voyage, and any activities, shore excursions, tours, or shoreside facilities related to or offered during the Voyage.
“Voyage Fare” means the amount payable by You to Carrier for Your Voyage. It covers the Voyage, scheduled meals and accommodations whilst on board, air programmes and/or other travel components that Carrier may add to Your Voyage Fare and charge to Your stateroom account and/or credit card. The Voyage Fare does not include beer, wine, spirits, sodas or other bottled beverages, or charges for other incidental items, activities, excursions, transportation or personal services during or in connection with the Voyage, or any Government Fees and or Taxes, airline or other carriers’ services or baggage fees, for which a separate charge may be imposed.
“You,” “Your” and “Guest” mean the person(s) purchasing or using the passage ticket or Passage Contract and persons in their care, including any minor, and their heirs, relatives and personal representatives. Any Guest purchasing or booking the Voyage or using this Passage Contract represents that he or she is authorized by all accompanying Guests to accept and agree to all the terms and conditions set forth herein.
Taxes, Fees & Port Expenses, as used by Carrier, may include any and all fees, charges, tolls and taxes imposed on us by governmental or quasi-governmental authorities, as well third party fees and charges arising from a vessel’s presence in a harbor or port. Taxes, Fees & Port Expenses may include U.S. Customs fees, head taxes, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, pilotage, air taxes, hotel or VAT taxes incurred as part of a land tour, immigration and naturalization fees, and Internal Revenue Service fees, as well as fees for navigation, berthing, stevedoring, baggage handling/storage and security services. Taxes, Fees, & Port Expenses may be assessed per passenger, per berth, per ton or per vessel. Assessments calculated on a per ton or per vessel basis will be spread over the number of passengers on the Ship. Taxes, Fees & Port Expenses are subject to change and Carrier reserves the right to collect any increases in effect at the time of sailing even if the fare has already been paid in full.
2. GUEST’S OBLIGATIONS.
(A) Before You board the ship, You must
(i) Pay Your Voyage Fare.
(ii) Familiarize yourself with the terms of the Passage Contract.
(iii) Bring all necessary travel documents such as passports, visas, proof of citizenship, re-entry permits, minor’s permissions, medical certificates showing all necessary vaccinations, and all other documents necessary for ports of call in the countries to which You will travel.
It is the Guest’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All Guests are advised to check with their travel agent or the appropriate government authority to determine the necessary documents. You will be refused boarding or disembarked without liability for refund, payment, compensation, or credit of any kind if You do not have proper documentation, and You will be subject to any fine or other costs incurred by Carrier which result from improper documentation or noncompliance with applicable regulations, which amount may be charged to Your stateroom account and/or credit card.
PASSPORT REQUIREMENT WHEN MINORS TRAVEL WITH ONE ADULT ON VOYAGES GOVERNED BY U.S. WESTERN HEMISPHERE TRAVEL INITIATIVE (“WHTI”) (includes travel within BERMUDA, CANADA, CARIBBEAN, MEXICO, UNITED STATES).
When minors are traveling with only one adult 21 years of age or older, Carrier requires that all Guests must be in possession of a valid passport. Carrier implemented this requirement to allow for your party to stay together should an emergency arise that requires one or more in your party to be disembarked in a non-U.S. port. Carrier cannot guarantee that all members of your party will be allowed to disembark with only a WHTI-compliant document or birth certificate. Failure to present a valid passport for all Guests traveling together will result in denial of boarding without refund of the VoyageFare.
(iv) Arrive at least two hours before the scheduled or amended sailing time and have with You all required documentation. Attach a completed Cunard Line luggage tag to each piece of baggage.
(v) Be sure that You and any person in Your care are fit to take the Voyage. (See Section 8).
(B) Upon boarding the ship, You must register a valid credit card or other acceptable payment method at the Guest Services/Purser’s Desk to cover any charges to your stateroom account.
(C) Prior to disembarking the ship, You must pay in full all amounts charged to Your stateroom account. Carrier shall not be liable for refund, payment, compensation or credit of any kind, nor damages resulting from Your failure to comply with any of the requirements set forth above.
3. NOTICE CONCERNING SAFETY AND SECURITY.
Carrier visits a large number of ports in numerous countries around the world. At any given moment there are likely to be trouble spots in the world in terms of war, crime, Act of God, civil commotions, labor trouble, terrorism and/or other potential sources of harm. Local conditions and infrastructure may also create hazards to Guests whilst off the ship. Accordingly, it may be necessary to change, cancel or terminate the scheduled voyage, or any activities related to the voyage, including without limitation shore excursions and port visits. Although Carrier endeavors to provide reasonable protection for Your comfort and safety on board its ships, Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime or other potential sources of harm. Carrier reminds all Guests that they must ultimately assume responsibility for their actions whilst ashore. The United States Department of State and other similar government agencies regularly issue advisories and warnings to travelers giving details of local conditions in specified cities and countries according to such agency’s perception of risks to travelers. Carrier strongly recommends that Guests and their travel agents obtain and consider such information when making travel decisions.
4. RIGHT TO REFUSE BOOKING AND PASSAGE; CANCEL RESERVATION; CONFINE YOU TO STATEROOM.
Carrier reserves the right to refuse booking of passage on a Voyage to any person or to cancel Your existing Voyage reservation for any lawful reason and regardless of a Guest’s Captain Circle loyalty level or existing benefits. Any person(s) refused booking or passage in advance of the scheduled sailing by Carrier will be given a refund of their Voyage Fare. World Club benefits have no cash value and therefore will not be refunded. No refund will be given to a Guest who is refused passage or whose reservation has been cancelled if the Guest books a Voyage after Carrier has advised him/her they are no longer allowed to sail on any of its vessels. Carrier may without liability for refund, payment, or compensation or credit, except as provided herein, disembark or refuse to embark You, confine You in a stateroom, quarantine You, restrain You, change Your accommodations or disembark You at any time if, in the sole opinion of Carrier, the Captain or any Doctor, You or any minor or other person in Your care during the Voyage are unfit for any reason for the Voyage, or Your presence might be detrimental to Your health, comfort or safety or that of any other person, or in the judgment of the Captain is advisable for any reason. Carrier reserves the right to request a letter from Your physician attesting to Your fitness to travel, but by requesting such letter does not waive its right to disembark or refuse to embark You as set forth in this Section. Except as otherwise provided, if You are 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, You must pay or reimburse Carrier for all resulting costs and expenses including for food, transportation, accommodation, medical and/or repatriation services for You or those accompanying You. If You become unfit to travel for any reason during the Voyage and/or You disembark early, Carrier shall not be liable for any refund, payment, compensation, or credit of any kind.
5. ELIGIBILITY REQUIREMENTS; DRINKING; TOBACCO; GAMING; ALCOHOLIC BEVERAGES.
The minimum Guest age is 6 months on Alaska, Canada/New England, Europe (excluding Iceland), Mexico, Trans-canal and Australia/New Zealand voyages, and 12 months on all other voyages, including transatlantic, Caribbean and transpacific itineraries. Guests under the age of 18 years must be accompanied by a Guest 18 years or older who shall assume responsibility for their care during the Voyage. For family groups booking multiple staterooms, the minimum age for at least one person in each stateroom is 16 years of age, provided they are traveling with a parent or legal guardian. Carrier will not accept group reservations for student or youth groups that do not conform to our minimum age requirements. Each Guest agrees and warrants that he/she will supervise any Guest in his/her care at all times to ensure all policies, along with all other rules of the Carrier and ship, are strictly adhered to by all Guests under their supervision.
No alcohol may be purchased or consumed by any Guests under the age of 18, except when in waters of the U.S., in which case no alcohol may be purchased or consumed by any Guests under the age of 21. No Guest under the age of 18 shall be permitted to engage in any gaming activities on board the ship. No Guest under the age of 18 shall be permitted to purchase cigarettes or tobacco products. Indoor areas onboard Carrier’s vessels are non-smoking.Smoking is not permitted in staterooms, balconies or public areas and is only permitted in designated areas of the open deck.
Guests agree not to bring alcoholic beverages of any kind on board for consumption except one bottle of wine or champagne per adult of drinking age (no larger than 750 ml) per voyage. A corkage fee of $25.00 U.S.D. per bottle (which is subject to change without notice) will be applied to wine and champagne brought aboard by brought aboard by You and consumed in the ship’s restaurants. Any wine(s) or champagne(s) supplied by the Carrier to You as a gift are not subject to a corkage fee. You agree to surrender alcoholic beverages that are purchased duty free from the ship’s gift shop, or at ports of call, to Carrier, which will be delivered to Your stateroom on the last night of the voyage. Carrier reserves the right to remove alcohol at the gangway should it determine that the health, comfort, safety and enjoyment of Guests may otherwise be compromised.
Guests who will enter the 24th week of pregnancy by the last day of the Voyage agree not to book the Voyage or to board the vessel. You further agree to abide by all age, gender or other eligibility requirements applicable to any other activities, services or facilities available during the Voyage, including but not limited to those associated with use of any spa facilities, and to ensure that You supervise the use of any such facilities by any minor in your care. There may be age restrictions applicable to activities on the ship and ashore, which are established for the safety and well-being of all participants. Carrier and all independent contractors, as the case may be, reserves the right to revise eligibility requirements for activities during the voyage or ashore for safety or other lawful reasons from time to time, and with which each Guest agrees to comply.
6. CANCELLATION BY YOU, REFUND, RECOMMENDATION FOR TRAVELINSURANCE/PROTECTION AND YOUR TRAVEL AGENT.
You are required to pay a cancellation fee (including 3rd and 4th berths) if You cancel Your Voyage or land-sea programmesold, taken with or included in the price of the Voyage. Cancellation fees are based on the fare paid, excluding Taxes, Fees and Port Expenses, transfers, fuel supplement(s), shore & land excursions and most pre-purchased gift(s) and/or special service(s). You are not entitled to any refund, payment, compensation or credit except as otherwise provided in this Section. Any refunds will be made directly to Your credit card account or Your travel agent and You must receive Your refund directly from these sources. You may cancel by telephone or electronic advice via a Carrier-approved Computer Reservation System, provided Carrier immediately receives written confirmation of cancellation. In such case cancellation shall be deemed effective as of the close of business Pacific Standard Time on the date You communicated such cancellation. The following cancellation policy applies with respect to Your Voyage Fare, Land & Sea Holiday Fare, air add-ons, Shoreside Excursions, and Pre-Voyage and Post-Voyage Package charges (“full fare”):
|Voyage Length 30 nights or less (including World Voyage Segments & Liners)|
|Number of Days before Sailing||Cancellation Fee|
|120 to 91||25% or Deposit Amount*|
|90 to 61||40% of full fare|
|60 to 31||50% of full fare|
|30 to 15||75% of full fare|
|14 days or less, or non appearance||100% of full fare|
*For those guests booking a reduced deposit promotion, the initial cancellation fee of “deposit amount” will not exceed the deposit required/paid at the time of the booking. Please see Reduced Deposit Cancellation table below.
|Voyage Length 31+ days (including World Voyages, Liners & Full World|
|Number of Days before Sailing||Cancellation Fee|
|150 to 121||30% or Deposit Amount*|
|120 to 91||40% of full fare|
|90 to 64||50% of full fare|
|63 to 43||75% of full fare|
|42 days or less, or non appearance||100% of full fare|
*For those guests booking a reduced deposit promotion, the initial cancellation fee of “deposit amount” will not exceed the deposit required/paid at the time of the booking. Please see Reduced Deposit Cancellation table below.
|Reduced Deposit Cancellation Policy|
|Voyage Length||Cancellation Period Before Sailing||Cancellation Fee|
|Less than 31 days||120-91 days||Reduced deposit amount|
|Less than 31 days||90 days or less||Standard cancellation fees apply|
|31 days or longer||150 – 121 days||Reduced deposit amount|
|31 days or longer||120 days or less||Standard cancellation fees apply|
For those guests booking a reduced deposit promotion, the initial cancellation fee of “deposit amount” will not exceed the deposit required/paid at the time of the booking. Please see Reduced Deposit Cancellation table below.
Note: Policies may vary for World voyages; visit cunard.com and/or review applicable brochures for details.
CANCELLATION POLICY EXCEPTION.
1. If you have purchased a specially priced promotion that is 100% non-refundable from the point of payment, you are not entitled to any refund, payment, compensation or credit whatsoever of Your deposit under any circumstances if you cancel your booking.
2. If you have purchased a specially priced promotion that is 100% non-refundable from the point of payment, You are not entitled to any refund, payment, compensation or credit whatsoever of your voyage or Land & Sea Holiday fare if you cancel your booking.
Travel Insurance/Protection: Carrier recommends that You obtain Your own insurance and/or travel protection against loss or damage to baggage and personal effects, trip cancellation and emergency evacuations, accidental death or injury, illness and medical expenses sustained or incurred in connection with Your Voyage.
If You have purchased Guest’s Protection Programme You must notify Carrier and the Insurer of any cancellation as soon as possible and in accordance with all applicable requirements. Refunds or credits available under the Guest’s Protection Programme are subject to the terms of said program. If You purchased Your air tickets through Carrier, all airline tickets are the property of Carrier and must be returned to and are refundable only to Carrier.
Travel Agent: Your travel agent acts for You in making the arrangements for Your Voyage and any related travel, lodging and shore excursions and tours. Carrier is not responsible for any representation or conduct of Your travel agent, including but not limited to, any failure to remit Your deposit or other monies to Carrier, for which You shall at all times remain liable to Carrier, or any failure to remit a refund from Carrier to You. You acknowledge that Your travel agent acts solely as Your agent, and not as agent for Carrier, and is deemed as Your agent. Further, receipt by Your travel agent of this Passage Contract or any other communications, notices or information from Carrier shall constitute receipt of such materials by You. You agree Carrier is not responsible for the financial condition or integrity of any such travel agent. In the event that Your travel agent fails to remit to Carrier any monies paid by You to the agent, You remain liable for the monies due Carrier, regardless of whether Carrier demands payment. No refund, payment, compensation or credit of any kind will be provided by Carrier, should You or Your travel agent have to cancel or cut short Your Voyage, unless You have purchased Guest’s Protection Programme and meet the eligibility criteria.
7. RIGHT TO DEVIATE FROM SCHEDULED ROUTE, CHANGE PORT OF EMBARK ATION/ DISEMBARKATION, SUBSTITUTE TRANSPORTATION, CANCEL VOYAGE AND ACTIVITIES, AND CHANGE OR OMIT PORTS OF CALL.
Except as otherwise provided, Carrier may, for any reason, without prior notice, cancel the Voyage; deviate from the scheduled ports of call, route and timetable;call or omit to call at any port or place or cancel or modify any activity on or off the ship; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property; or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten the Voyage or substitute ships, aircraft or other transportation or lodging. Accordingly, You should not make any important arrangements or meetings based on the scheduled Voyage, which may change without liability to Carrier.
In the case of a mechanical failure that causes the scheduled Voyage to be cancelled, You are entitled to a full refund of the Voyage Fare; or for a mechanical failure that causes a voyage to be terminated early, a partial refund, travel expense to transport You to the scheduled port of disembarkation or Your home city at Carrier’s discretion, and overnight lodging if an unscheduled stopover is required. Guest shall have no other claim against Carrier, and Carrier shall not otherwise be liable for damages or a refund of the Voyage fare, any portion thereof, or other refund, payment or compensation or credit of any kind nor for hotel or meal charges, travel expenses or other loss, delay, inconvenience, disappointment or expense whatsoever which shall be the Guest’s responsibility, whenever the cancellation or change was beyond Carrier’s exclusive control. Carrier’s non liability extends without limitation to any of those causes described in Section 14(b) and/or inclement weather; health, medical or environmental considerations; labor, political or social disturbances or unrest; or operational, commercial or safety reasons; or was based on a good faith belief by the Carrier or the ship’s Captain that the Voyage or any portion thereof might endanger the vessel or expose any person or property to loss, injury, damage or delay. Except as provided above for mechanical failures, whenever the performance of the Voyage is hindered or prevented by any cause or circumstance whatsoever, the Voyage may be terminated and You may be landed with no further liability of the Carrier for refund, payment, compensation or credit of any kind.
If, and only when, the cancellation or change was for reasons other than described in the preceding paragraph, and was within the exclusive control of Carrier, You agree the liability of the Carrier, if any, shall nonetheless be limited as follows:
in such circumstances, except as follows:
(A) If Carrier cancels the Voyage before it has started, it shallrefund the Voyage Fare (less any air or accommodation charges incurred).
(B) If the sailing is delayed and You are not accommodated on board the ship, Carrier may arrange accommodations and food at no additional expenses to You.
(C) If the scheduled port of embarkation or disembarkation as specified in the passage ticket is changed, Carrier shall arrange transportation to it from the originally scheduled port.
(D) If the Voyage is terminated or ends early Carrier, at its option, may issue a voyage credit, make a proportionate refund of Your Voyage Fare, transfer You to another ship or transport You to the scheduled final port.
(E) If You pay the Carrier an amount above the Voyage Fare for a shore excursion or other activity that is cancelled , You will be limited to a refund, if any, of the amount paid for the cancelled activity.
Under no circumstances shall the Carrier be or become liable for consequential or other damages of any kind sustained by any Guest except as expressly provided herein.
8. YOUR RESPONSIBILITY TO INFORM CARRIER OF SPECIAL NEEDS.
You or Your travel agent, or any person booking on Your behalf are requested to inform Carrier at the time of booking in writing of any special need or other condition for which You or any other person in Your care may require medical attention or accommodation during the Voyage, or for which the use of a wheelchair or service animal is contemplated or necessary. If any such special need or condition arises after You have booked the Voyage, You are requested to report it in writing to Carrier as soon as You become aware of it. Guests acknowledge and understand that certain international, foreign or local safety requirements, standards, and/or applicable regulations involving design, construction or operation of the vessel, docks, gangways, anchorages or other facilities on or off the vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Guests requiring the use of a wheelchair must provide their own as Carrier’s wheelchairs carried on board the vessel are for emergency medical use only. You acknowledge and agree Carrier may disembark or refuse to embark You or anyone under Your care as set forth in Section 4 above.
9. NO ANIMALS.
No pets or other animals are allowed on the ship at any time except for certain necessary service animals of a disabled Guest, which require written notification to the Carrier at the time of booking Your Voyage and Carrier’s written approval. You agree to accept responsibility, reimburse and/or indemnify Carrier for any loss, damage or expense whatsoever related to the presence of any service animal brought on the Voyage. You further agree to determine and meet any documentary or other requirements related to the animal.
10. UNAUTHORIZED STOPOVER OR DISEMBARKATION.
Unauthorized stopover or disembarkation or failure to make any sailing of the ship at any port shall be at Your sole risk and expense, You may be denied subsequent boarding, and You will not be entitled to any refund, payment, compensation or credit of any kind.
11. RESPONSIBILITY TO COMPLY WITH LAW AND REGULATIONS, RULES OF SHIP; NO SOLICITATION.
You shall be responsible for complying with the requirements of all immigration, port, health, customs, and police authorities, and all other laws and regulations of each country or state from or to which You will travel, as well as this Passage Contract. You must at all times obey all the rules, regulations and orders of the ship, Carrier and the Captain. You shall not solicit other Guests for commercial purposes or advertise goods or services without Carrier’s prior written permission. You may be disembarked without liability for refund, payment, compensation or credit of any kind if You or any Guest for whom You are responsible violate any of these requirements, and agree to assume and/or reimburse Carrier for any expenses or fines that may be incurred as a result of such noncompliance.
12. HEALTH, MEDICAL CARE AND OTHER PERSONAL SERVICES.
Due to the nature of travel by sea and the ports visited, the availability of medical care may be limited or delayed and emergency medical evacuation may not be possible from every location to which the ship sails. All health, medical or other personal services in connection with Your Voyage are provided solely for the convenience and benefit of Guests who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the ship or elsewhere at Your sole risk and expense without liability or responsibility of Carrier whatsoever, and agree to indemnify the Carrier for all medical or evacuation costs or expenses incurred on Your behalf. Doctors, nurses or other medical or service personnel work directly for Guest and shall not be considered to be acting under the control or supervision of Carrier, since Carrier is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel shall be considered independent contractors who work directly for the Guest.
13. BAGGAGE AND PERSONAL EFFECTS, LIABILITY LIMITATIONS, INSPECTION.
You may take a reasonable amount of luggage on board containing only Your personal effects, which shall include suitcases, trunks, valises, satchels, bags, hangers containing clothing, toiletries and other personal effects necessary for the Voyage. If You travel by air or other transportation the terms and conditions of the airline or other transportation provider apply to Your carriage on those conveyances. You may not take on board firearms, weapons, knives, controlled or prohibited substances, inflammable or hazardous items, any other items prohibited by applicable law, or any other item Carrier deems in its sole discretion to be detrimental to the safety or comfort of any person. You agree Carrier has, at all times with or without notice, the right to enter and search Your stateroom, personal safe or storage spaces, or to search You, Your baggage and/or personal effects at any location.
You agree that Carrier’s liability for loss or damage to baggage or personal property is limited to U.S. $250 per bagor up to US. $1,500 if covered by Guest Protection Programme. In no event shall Carrier be liable for normal wear or tear of Your property or baggage. 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, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Carrier within any receptacle or container as baggage, and release Carrier from all liability whatsoever for loss of or damage to such items when presented to the Carrier in breach of this warranty. Such items must be shipped to Your destination by other means. Guest are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others.
Carrier shall not be liable for any loss or theft of, damage to, or disposition of, cash, securities, negotiable instruments, jewelry, gold, silver or similar valuables or precious stones, works of art, electronics, computers (whether hand held, laptop or other), DVD players or digital or flash drive computer equipment, disks, memory cards or other electronic storage, hand held or similar devices, cellular telephones, cameras, video or audio tapes, CDs, binoculars, recreational equipment, dental hardware, cosmetics, eyewear (including eyeglasses, sunglasses and contact lenses), hearing aids, medications, medical equipment, wheelchairs, scooters, liquor, or other alcoholic beverages, cigarettes, tobacco products or business or other documents under any circumstances, whether carried within Your luggage or otherwise. You may use the safe in Your stateroom, however, You agree use of the stateroom safe will not increase Carrier’s liability as provided in this Passage Contract.
You agree that baggage or property, including all lost and found items retained by Carrier or delivered by You to Carrier, which remains unclaimed in writing for more than 90 days after Your disembarkation shall be deemed abandoned and the sole property of Carrier and You relinquish any claim thereto. You further agree to pay all fees and expenses incurred by Carrier to deliver any such items that are claimed by You. Carrier assumes no responsibility whatsoever for otherwise delivering any such item, or delivering items that are prohibited by law.
14. LIMITATIONS ON CARRIER’S LIABILITY; INDEMNIFICATION.
(A) General: Nothing contained in this Passage Contract shall limit or deprive Carrier of the benefit of the applicable statutes or laws of the United States of America or any
other country; or any international convention providing for release from or limitation of liability.
(B) Acts Beyond Carrier’s Control, Force Majeure: Except as expressly provided in Section 7 with regard to refunds and certain other expenses for voyages that are cancelled or terminated due to mechanical failures, Carrier is not liable for death, injury, illness, damage, delay or other loss to person or property of any kind caused by an Act of God; war; civil commotions; labor trouble; terrorism, crime or other potential sources of harm; governmental interference; perils of the sea; fire; seizure or arrest of the vessel; the need to render medical or other assistance, or any other cause beyond Carrier’s exclusivecontrol, or any other act or omission not shown to be caused by Carrier’s negligence.
(C) Claims for Emotional Distress: Carrier shall not be liable to the Guest for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such damages proven in a court of competent jurisdiction arising from and attributable to Guest’s physical injury or as the result of Guest having been at actual risk of immediate physical injury proximately caused by Carrier’s negligence (“Emotional Harm”).
(D) Assumption of Risk: You agree that by using use the ship’s pools, sauna, athletic or recreational equipment and facilities or take part in organized group or individual activities, whether on or off the ship or as part of a shore excursion, You assume the risk of injury, death, illness or other loss. You agree that Carrier in no event is liable to You with respect to any occurrence taking place off the ship or launches, tenders or other craft owned or operated by Carrier.
(E) Voyages To/From or Within the EU: On international voyages which neither embark, disembark nor call at any U.S. port and where You commence the voyage by embarking or disembarking in a port of a European Member State, Carrier shall be entitled to any and all liability limitations and immunities for loss of or damage to luggage, death and/or personal injury as provided under EU Regulation 392/2009 on the liability of carriers to passengers in the event of accidents. Unless the loss or damage was caused by a shipping incident, which is defined as a shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship (as defined by the Regulation), Carrier’s liability is limited to no more than 400,000 Special Drawing Rights (“SDR”) per Guest, (approximately U.S. $608,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal) if the Guest proves that the incident was a result of Carrier’s fault or neglect. If the loss or damage was caused by a shipping incident, Carrier’s liability is limited to no more than 250,000 SDRs per Guest (approximately U.S. $380,000, which fluctuates depending on the daily exchange rate as published in the Wall Street Journal). Compensation for loss caused by a shipping incident can increase to a maximum of 400,000 SDRs per Guest unless Carrier proves that the shipping incident occurred without Carrier’s fault or neglect. Shipping incidents do not include acts of war, hostilities, civil war, insurrection, natural disasters, or intentional acts or omissions of third parties. In cases where the loss or damage was caused in connection with war or terrorism, Carrier’s liability for any personal injury or death (whether occurring during a shipping incident or a non-shipping incident) is limited to the lower of 250,000 SDRs per Guest or 340 million SDRs per ship per incident. Punitive damages are not recoverable for voyages covered by EU Regulation 392/2009. For a copy of EU Regulation 392/2009, visit http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF. In addition, Guests embarking a voyage in a European Member State port are afforded rights under EU Regulation 1177/2010. For additional information on EU Regulation 392/2009 and EU Regulation 1177/2010, visit Carrier’s website at: www.cunard.com/en_US/advice-and-policies/legal-information
(F) Additional Limitations from Liability: In addition to all the restrictions and exemptions from liability provided in this Passage Contract, Carrier shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited Title 46 of the United States Code sections 30501 through 30509, and 305011. Nothing in this Contract is intended to nor shall it operate to limit or deprive Carrier or any such statutory limitation of or exoneration from liability under any applicable laws.
(G) Excursions, Shoreside Services and Other Transportation: All travel facilities, tours, activities, products or services, other than aboard Carrier’s vessels and tenders, provided in connection with, before, after or during Your Voyage, including but not limited to pre and post voyage activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, vehicle, aircraft or other conveyance, including, but not limited to, air travel to and from the ship are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Carrier’s supervision or control. In providing or selling reservations or tickets in connection with any such, activities, services or transportation or by accompanying You during such activities, Carrier does so as a convenience to Guests and shall be entitled to impose a charge and earn a profit from the sale of such excursions, services or transportation, but does not undertake to supervise or control such independent contractors or their employees, conveyances or facilities. Carrier accepts no liability for any loss, delay, damage, injury, death, misrepresentation or disappointment arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations of any excursion, service or transportation including but not limited to air flight cancellation(s), errors in seat reservation, upgrade, overbooking or ticketing. Carrier makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any such contractors, transportation, tours, services, products or facilities.Any liability for such services will be governed by this Passage Contract and the contracts and/or tariffs between You and such service companies. You agree that, Carrier’s liability, if any, for nonperformance of any independent contractor providing such facilities or services shall not exceed the amounts received by Carrier for such facilities or services on the Yourbehalf. Any company or person providing services or facilities of any kind in connection with a shore excursion or other activity offered for purchase by Carrier shall have the benefit of every defense to which Carrier is entitled under this Passage Contract.
(H) Indemnification: You agree to reimburse and indemnify Carrier for any damages, liabilities, losses, penalties, fines, charges or expenses of any nature whatsoever incurred by You or imposed upon Carrier as a result of any act, omission or violation of law or this Passage Contract by You or any minor or other Guests in Your care.
15. NOTICE OF CLAIMS AND ACTIONS; TIME LIMITATION; ARBITRATION; FORUM; WAIVER OF CLASS ACTION.
The following provisions are for the benefit of the Carrier and any agents, independent contractors, concessionaires and/or suppliers of Carrier:
(A) Notice of Claims and Time Limits for Legal Action:
(i) Claims for Injury, Illness or Death: In cases involving claims for Emotional Harm, bodily injury, illness to or death of any Guest, no lawsuit may be brought against Carrier unless (1) written notice giving full particulars of the claim is delivered to Carrier within 6 months from the date of the injury, illness or death, (2) a lawsuit on such a claim is filed within 1 year from the date of the injury, illness or death, and (3) valid service of the lawsuit is made within 90 days of filing the complaint.
(ii) All Other Claims: No claim of any kind, including without limitation alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this Passage Contract or Guest’s voyage, other than for the emotional harm, bodily injury, illness or death of any Guest, shall be brought against Carrier unless (1) written notice giving full particulars or the claim is delivered to the Carrier within 15 days of the actual or scheduled termination date of the Voyage, whichever date occurs first as specified in the Passage Ticket issued in connection with this Contract, (2) legal action on such claim is commenced within 6 months from such scheduled termination date, and (3) valid notice or service of any such action is effected upon Carrier within 90 days after commencement of the action.
(B) Forum and Jurisdiction for Legal Action:
(i) Voyages that Begin, End or Call in a U.S. Port: For voyages that begin, end or call in a port located in the United States or its territories, all disputes and matters whatsoever, whether based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged emotional or bodily injury, death, violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, no matter how described, pleaded or styled, between the Guest and Carrier (collectively “disputes”), shall be litigated before a court of competent jurisdiction located in the County of Los Angeles, California, U.S.A., to the exclusion of the courts of any other country, state, city, municipality, county or locale. You consent to jurisdiction and waive any objection that may be available to any such dispute being litigated in such courts.
(ii) For voyages that do not begin, end, or call in a port located in the United States or its territories, all disputes shall be litigated before a court of competent jurisdiction located in the City of Southampton, England to the exclusion of the courts of any other country, state, city or county. You consent to jurisdiction and waive any venue or other objection that may be available to any such dispute being litigated in such courts.
(C) WAIVER OF CLASS ACTION:
THIS PASSAGE CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ACTION AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.
16. USE AND DISPLAY OF LIKENESS; PERSONAL DATA; PRIVACY NOTICE; PUBLIC WIRELESS SERVICES.
You grant Carrier and its licensees the right to use Your photograph/voice/indicia taken during Your Voyage, in any fashion for any purpose in all media now known or hereafter devised without any limitations whatsoever. Professional photographers photograph Guests, process, display and sell such photos to You and other Guests. Carrier may utilize closed circuit television or other surveillance means on board the Vessel and You agree You have no expectation of privacy on board the Vessel.
You agree You may provide personal data to Carrier that may include Your name, street or email address, date of birth, passport, financial account and/or telephone numbers, likeness, photograph or other information which would identify You personally. You may also provide Carrier or others certain sensitive data such as Your health, medical condition, dietary or religious restrictions, gender or sexual orientation. You agree Carrier may (a) keep Your personal and sensitive data (“PSD”); (b) use it in its business worldwide in accordance with its privacy policies; (c) share it with Carrier’s affiliated/related companies, and (d) subject it to processing worldwide provided Carrier’s safeguards are used. You agree any PSD You provide to Carrier in the European Economic Area (“EEA”) may be used, processed and transferred within and outside the EEA and specifically to the U.S.
You agree Carrier may disclose Your PSD to unaffiliated third parties: (a) after You request or authorize it; (b) to help complete a transaction for You; (c) to comply with law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas; (d) to enforce this Passage Contract or other agreements, or to protect the rights, property or safety of Carrier or others; (e) as part of a purchase, transfer or sale of services or assets; (f) when provided to our agents, outside vendors or service providers to perform functions on our behalf; or (g) as described in Carrier’s policies, as amended from time to time.
Carrier may, but is not required to, make wireless Internet or telephone access (“Wireless Services”) available as a convenience; Carrier accepts no responsibility for interruptions in service. You agree to use Wireless Services at Your own risk; Carrier shall not be liable in any manner for resulting claims (including without limitation lack of privacy), losses or damages. Using Wireless Services is public; information sent or received is not guaranteed to be private Your PSD may be available to third parties. By using Wireless Services You agree Carrier may monitor, record, intercept and disclose any transmissions and may provide to others all information relating to all Wireless Services (e.g., billing, account, or use records), in its sole discretion or as required by law. You agree to comply with Carrier’s Terms and Conditions of Wireless Services.
Carnival plc, trading as Cunard Line, as Operator.