Terms and Conditions Below are Accurate as of 5/28/2020
Contract. This does not include excursions on land that have not been booked at the same time as the Cruise itself, or services offered on board the ship.1.14 “Cruise Organiser”: Natural person or company that undertakes to have Travellers carried by the Maritime Carrier and provide them with the services mentioned on the Cruise Ticket, and whose letterhead appears on the Cruise Ticket.1.15 “Disabled Person” or “Person withReduced Mobility”: Any person who is limited in their activities or restricted in their participation in the agreed Services due to a substantial deterioration of one or more physical, sensory, mental, cognitive or psychological functions, to multiple disabilities or to a disabling health problem.1.16 “Service”: Means any Cruise, Package, flight, Transfer, Pre-or Post-Cruise Service, Pre-BookedExcursion/Extension and any tourist service booked at the Acceptance of the Contract.1.17 “Price”: Total cost of Services booked by the Traveller.1.18 “Pre-and Post-Cruise Services”: Services including Transfers, sight-seeing trips and ground servicesbefore, and/or after the Cruise, as mentioned in the Contract.1.19 “Transfer”: Operation involving transporting Travellers between the embarkation port and/or the disembarkation port and a meeting point set by CDP (airport, hotel, train station, etc.).1.20 “Maritime Carrier”: Natural person or company that operates the ship carrying Travellers, and whose letterhead appears on the PassengerTicket.1.21 “Air Carrier”: Company that undertakes to carry Travellers by air and whose letterhead appears on the Airline Ticket.1.22 “Seller”: Natural or legal person who has sold the Services included in the Contract direct to Travellers.1.23 “Travellers”: Any person named at the time of booking/the Acceptance of the Contractand appearing on the invoice and/or on the Tickets issued by CDP or by the Seller.2. Acceptance and application of the General Terms and Conditions2.1 The Acceptance of the Contractconstitutes the Traveller’s unreserved acceptance of all these General T&Csand ParticularT&Cs, as well as the clauses and terms of the PassengerTicket and Cruise Ticket.3. Applicable text3.1 Where CDP acts as Maritime Carrier, the contractual relations between CDP and the Traveller are governed by the PassengerTicket and by the provisions of the French Transport Code, particularly Articles L 5420-1 to L 5421-12, by the implementing Decreeof 31 December 1966 and the provisions of the London International Convention of 19 November 1976, and where appropriate, those of Regulation 392/2009 of the European Parliament and of the Council of 23 April 2009, which are an integral part of the PassengerTicket.3.2 Where CDP is the Cruise Organiser, the contractual relations between CDP and the Traveller are governed by the Contract, which includes the Cruise Ticket, as well as by Articles 47 to 49 of French Law No.66-420 of 18 June 1966 on maritime affreightment and carriage contracts and its implementing decree of 31 December 1966.3.3 Where CDP is the Seller of a tourist package within the meaning of Article L.211-2 of the French Tourism Code, the contractual relations between CDP and the Travellerare governed by the Contract and by Articles L.211-1 and following of the Tourism Code.4. Payment of the price4.1 The Acceptance of the Contractentails paying a deposit equivalent to 25% of the Price of this Service, with the balance to be paid no later than 90business days before the start of the initial Service in the Contract.4.2After the Service has been fully paid for, the Traveller shall receive a booking confirmation followed bythe Ticket(s) and, where applicable, the vouchers closer to cruise departure.5. Prices and discounts per person and per cruise5.1 The reference pricefor the cruise isavailable as longasthe cruise is open for sale andis per person and based on double stateroomoccupancy.
5.2 The PONANT BONUS priceis the best price you can access on the day of booking. It can save you up to 30% on the cruise reference price (port-to-port price only, excluding port and security taxes, air fare and any land-based services). The PONANT BONUS price is yield managed so subject to availability and can change without prior notice. The PONANT BONUS price does not apply to the MS Paul Gauguin.5.3 Single Supplement. The single supplement applies to any person whooccupies a stateroom on their own. It applies to the port-port element (excluding port taxes) of the current PONANT BONUS price. This supplement may vary depending on how full a particular cruise is. It may therefore change for certain categories of staterooms and/or suites only, or for any cruise at any time without notice. There is no single supplement on selected cruises for certain stateroomcategories. This selection is updated according to how full a particular cruise is and can be checked online at au.ponant.com.5.4 Depending on how full the ship is (excluding LePonantand the MS Paul Gauguin) at the time of booking, a “guaranteed” stateroomin the Deluxe Stateroom Deck 3 category may be offered. This means the booking is made in the Deluxe Stateroom Deck 3 category,but no stateroomnumber is assigned. Staterooms will be allocated at the discretion of the Company and may change at any time until embarkation. Once a stateroomnumberhas been assigned, no change request can be accepted. The advantage of this approach is that passengers can enjoy superior-category accommodation without paying a surcharge. In any case, the minimum category chosen when booking is guaranteed.5.5 Other discountsThese offers cannot be combined with any other type of reduction or special offer. Except for the Single Traveller Offer and the PONANT BONUS, the offers described beloware not combinable.If you qualify for several discounts, the amount for the second discount is calculated using the price obtained after taking off the first discount, and so on.5.5.1 Consecutive Cruises: Discount only applies to port-port cruise price only, excluding port taxes, and is subject to availability at time of booking.• On all our cruises: 10% off on any consecutive cruise• On a selection of cruises (list can be viewed any time on our website au.ponant.com):-20% off the 2nd cruise-30% off the 3rd cruise-40% off the 4th cruise5.5.2 PONANT Yacht Club Members:Commodore: 12.5% off the port-port cruise price only, excluding port and security taxes.Grand Admiral: 10% off the port-port cruise price only, excluding port and security taxes.Admiral: 7.5% off the port-port cruise price only, excluding port and security taxes.Major: 5% off the port-port cruise price only, excluding port and security taxes.5.5.3 Honeymoon Offer:If you go on a cruise in the 12 months after your wedding or civil partnership celebration, you can enjoy the following benefits (except on the MS Paul Gauguin):-5% off the port-port cruise price only, excluding port and security taxes,-Bottle of champagne on arrival,-Photo shoot with five couple’s photos included (all ships except Le Ponant),-Two free spa treatments (maximum value: €120 per treatment) (all ships except Le Ponant),-On-board surprises.On the MS Paul Gauguin, you can enjoy a traditional Polynesian blessing, as well as a bottle of champagne in your stateroom. Offer valid on presentation of proof of eligibility.5.5.4 Wedding Anniversaries:Every multiple of five years after your wedding or civil partnership (5, 10, 15, 20, etc.) you can enjoy a AUD 300discount per stateroom/suite for a cruise during the anniversary year. Offer valid on presentation of proof of eligibility. Discount can beapplied once per anniversary year. This offer is also not valid on the MS Paul Gauguin.
5.5.5 Family & Friends:• Where a reservation includes at least five paying passengers, the entire party receives a 5% discount on the same port-to-port cruise (excluding port taxes). This offer is not valid on the MS Paul Gauguin.All passengers must be on the same booking number to qualify for the discount. • Special discounts for children sharing a stateroom or suite with one or two adults is available for children aged:-3 to 17 years on PONANT cruises.-12 months to 17 years on the MSPaul Gauguin..Please contact us for more information.5.5.6 Referral Program: When you refer someone, you will enjoy a USD 600discount per stateroomon your next cruisewhen the person you refer has deposited on their first cruise.The person you refer will in turn receivea USD600discount per stateroom on their first cruise. If the person you have referred cancels, your discount will no longer apply but you can use the offer again whenever the person makes a new reservation. The discount for the person referring and for the person referred may not give rise to a payment or refund in cash. The discount for the person referred applies immediately and is limited to one use per stateroomand per person referred. The discount for the person referring must be used all at once.Referral discounts can be accumulated and added to a referrer’s booking up until final payment of their next cruise. The person referring should share their PONANTYacht Club number, or enough information to be identified, with the people being referred. In the absence of precise enough identification, the Referral Programcannot proceed. The person referring must have already sailed with PONANT. The person referredshould not have already sailed on a PONANT ship. Neither party should be or have been part of the PONANT staff orworked for a travel agency. Although an unlimited number of people can be referred, there can only be one person referred per household, and the person referring,and the person referred should not be part of the same household. The person referring and the person referred cannot share a stateroom; neither can two people referred. The Referral Programcannot proceed if the person referred or another member of their household has already been referred.The discount for the referrer is combinable with other selected offers. However, the discount provided to the person being referred is not combinable with any other discount described above exceptthe PONANT BONUSand Consecutive Cruises discounts. Travel Agents are not eligible for the Referral Program. Referral Program discounts cannot be applied to group or charter bookings. This Referral Program and its discount offers are not valid on the MS Paul Gauguin.5.5.7 On-board bookings: 5% off the port-port cruise price only (excluding port and security taxes) for each new cruise booked with our on-boardstaff.6. Passports, visas and vaccination certificates6.1 Before the Acceptance of the Contract, it is the responsibility of each Traveller to comply,as appropriate,with the administrative and/or health formalities required by the countries involved in the Services, notably those communicated by CDP and accessible on the website au.ponant.com and in the brochure.6.2 Before the Acceptance of the Contract, Travellers should contact relevant embassies and/or consulates and perform the administrative and/or health formalities required by the countries involved in the Services.6.3 CDP will in no event be liable for the consequences of the Traveller not complying with police, customs or health formalities before or during the Services period. Any Traveller who is unable to board a flight or the ship due to not showing the required documents cannot claim any refund or compensation.6.4 In any case, it is recommended that Travellers check all information with the relevant authorities before the date of departure. CDP advises Travellers to read their government’s latest travel advice online for the destinations chosen. CDP would like to alert Travellers to the fact that the information given can change right up until the departure date, so should be checked up until the time of departure. CDP asksTravellers to adjust their behaviour to the destination; to be vigilant and avoid carrying valuable items when travelling abroad.6.5 Traveller passports will be checked against national and international criminal databases, including those of Interpol.7. Embarkation and maritime carriage conditions
• General rules7.1 The Traveller must report for embarkation in line with the terms set out in the PassengerTicketand at least two hours before the ship’s scheduled departure time. The PassengerTicket and/or Cruise Ticket issued by CDP are only valid for the Cruise and ship mentioned on the ticket.7.2 The purpose of the PassengerTicket is to transport Travellers andtheir luggage from embarkation at the departure port to disembarkation at the destination.7.3 All Travellers must have a valid passport, or identity card if appropriate, valid for six months after their return date, as well as visas and vaccination certificates as these may be required at the ship’s ports of call and arrival. Every Traveller is personally responsible for complying with legal and regulatory requirements before departure. The Carrier, Cruise Organiser and/or CDP and/or Captain can deny embarkation or disembarkation to any Travellers without the correct documents authorising them to disembark at the scheduled arrival point and ports of call.7.4 If a Traveller who has booked a port-port Cruise organises their own air or land transport to the embarkation point and/or from the disembarkation point back to their home, it is stronglyrecommended that they buy tickets that can be amended and refunded, and allow sensible train station/airport/port transfer time. If there are delays, cancellationsor changes, CDP will not cover transport or Transfer costs, or any other type of service outside the Cruise Ticket provisions and not bought direct from CDP. CDP is not responsible for any incidents or accidents involving property or persons that arise en route to/from the ship.7.4.1 For Ocean Voyages: to make sure you are ready for embarkation on the day of departure, we would encourage you to spend the previous night in the departure city. Similarly, with regards to disembarkation, we would also strongly suggest booking a flight the day after arrival. These often-long sea voyages are more affected by weather conditions, including wind and currents, than any other type of trip. This may mean bringing sailing times forward and/or delaying the ship’s arrival.7.5 Each Traveller guarantees that they are fit to travel by sea and that their health and conduct will notharm other Travellers or the smooth running of the Services agreed and/or offered. If a Traveller’s health is likely to limit their ability to carry out the Services agreed, or may disrupt them, they must warn CDP and provide a medical certificate on request to prove their fitness. Any known health problems must be reported in writing at the Acceptance of the Contract, or at the latest before the ship’s departure (or before the Services begin) to the CDP medical service.7.6 Medical consultations, care and medication on land and on board the ship are the responsibility of the Traveller. All Travellers must ensure that they have appropriate medical insurance coverage.7.7 If there is an epidemic risk, the Carrier, Cruise Organiser, CDP, ship Captain or any local health authority can require Travellers to complete a health questionnaire and, where appropriate, a screening test before or on embarking or disembarking, including during stopovers.7.8 For Expedition Cruise programmes, where, as stated, medical facilities are several days’sailing away, a compulsory full medical questionnaire (provided at the Acceptance of the Contract) must be filled in by the Traveller’s General Practitioner between 90 and 45 days before the start of the Service. This document must be returned by post or email to the CDP medical department (firstname.lastname@example.org) no later than 40 days before the Services begin. Medical certificates dated before this period will not be valid. Self-certification is not permitted. Any Traveller who does not return their completed compulsory medical certificate will be denied embarkation and will not receive any refund.7.9 Travellers must behave in a disciplined way throughout the trip. Travellers must attend any safety demonstration or explanation organised on board and follow crew instructions at all times.7.10 The Carrier, Cruise Organiser, CDP and/or ship Captain may, if they deem it necessary, terminate the contract and refuse to carry any Traveller not complyingwith the entry requirements for destination port countries, or whose presence on board couldnegatively impact the comfort, health or safety of other Travellers, the crew, or be counter to the laws and regulations of ports visited by the ship, or who could make the Carrier, Cruise Organiser and/or CDP responsiblefor their protection or repatriation. For these reasons, the Cruise Organiser, Carrier and/or CDP and/or the ship Captain may decide to take the following appropriate measures: 1) Forbid the Traveller(s) from embarking or disembarking at any port visited by the ship; 2) Make the Traveller(s)disembark at any port visited by the ship; 3) Transfer the Traveller(s) to another ship; 4) Confine the Travellers(s) on board in their stateroomor the medical service stateroom; 5) Have the doctor or their team administer any drug, medicine or other substance permitted
and/or confine the Traveller to a hospital or a similar institution at the destination ports if the on board doctor deems it necessary.• Disabled Persons and Persons with Reduced Mobility7.11 For safety reasons, every Traveller must be independentor travel with someone who can provide all the assistance they need during the Services period.7.12 Travellerswith limited mobility due to a physical disability or a condition requiring special treatment and/or specific assistance, including wheelchair users, must warn CDP in writing when requesting a booking or when the Traveller becomes aware of their disability if it takes effect after booking, but in any case at least 30 days before the Service starts so that CDP is able to confirm that the Traveller can physically undertake the Cruise on board the ship and/or the Services agreed.7.13 The Cruise Organiser, Carrier and/or CDP and/or Captain reserve the right to deny access to Travellers who have not informed CDP or the Seller of a disability or a need for assistance where the latter are not compatible with safety rules and regulations in the sailing area, or would require care that CDP and/or the Carrier cannot provide, or if the design of the passenger ship, infrastructure and port equipment, including port terminals, would make embarkation, disembarkation and transporting the person concerned in satisfactorilysafe conditions impossible.7.14 Going ashore can be difficult or impossible for Travellers withreducedmobility or disabled Travellers, particularly when disembarking on a launch and/or going out on excursions in Zodiac® inflatable boats.7.15 Travellers using a wheelchair, having gained CDP’s written agreement, must embark with their own wheelchair and be accompanied by someone who can assistthem at any time. In any case, every disembarkation is subject to the Captain’s approval.7.16 Le Boréal, L’Austral, Le Soléal, Le LyrialandLe Commandant-Charcoteach have three staterooms specially equipped for disabled persons or persons with reduced mobility (two stateroomsfor PONANT EXPLORERS ships; one stateroomfor the MS Paul Gauguin). Please note that because of its different design,Le Ponantdoes not allow access for persons with reduced mobility or disabled persons.• Children and pregnant women7.17 Children aged under three are not permitted on board the ships, except the MS Paul Gauguin,which can board children from the age of 12 months. Children aged under six are not allowed toboardships embarking onPolar Expedition cruises.7.18 For all Expedition Cruises, children must be totally independent during external activities organisedand when disembarking by inflatable boats, be big enough to sit on craft rubber sides, and understand and respond immediately to orders given by responsible persons. Therefore, children may only participate in inflatable boatsactivities with the approval of the Captain and Expedition Leader depending on the sea conditions and the difficultyof disembarkation at each site visited.The ships do not carry parka’s in children’s sizes. Parents must arrange to bring a suitable parka for children on Polar Expedition Cruises.7.19 While on board/on excursions, children who are minors remain the fulland total responsibility of their parents or carers.7.20 PONANT reserves the right to limit the number of children aged under eight on its ships.7.21 Because ships do not have baby delivery facilities on board, women who are over 26 weekspregnant are not permitted to embark. In any case, it is recommended that pregnant women hoping to travel on a ship consult a doctor before departure to ensure that their health is compatible with the proposed cruise.Moreover, no pregnant woman will be allowed to embark on cruises to Antarctica, of the North-West Passage or on Ocean Voyages.7.22 On the MS Paul Gauguin, all children aged under 18 must be accompanied by an adult aged over 21. If the person accompanying is not the child’s parent, a “Parental Consent”form must be sent to PONANT.• Permitted baggage7.21 Every Traveller must correctly and clearly label each piece of luggage with their full name, the ship name, their destination and their stateroomnumber. This information must be written in visible and indelible characters.
7.22 Any merchandise, goods or items whose content could threaten the health and integrity of other Travellers and their baggage, or people and goods; could damage or pollute the ship; materials that are flammable, explosive, corrosive, dangerous, odorous or prone to leaking; items that may not be imported or do not comply with customs or police regulations; and in general, goods and items other than those for the Traveller’s personal use are forbidden on board and in luggage (hereinafter “Prohibited Items”). The Traveller will in any casebe responsible for any injury, loss or damage suffered as a result of Prohibited Items being in their luggage or stateroom, and will have to hold the Cruise Organiser, Carrier and/or CDP harmless against any legal action that may be brought against them due to these Prohibited Items being foundon board or during embarkation or disembarkation. These Prohibited Items can, at any time and in any location, be unloaded, destroyed, thrown into the sea or made harmless by the Cruise Organiser, Carrier, crew and/or CDP without compensation and regardless of whether the Traveller pays for any destruction costs.7.23 The Traveller must monitor their baggage and personal belongings throughout the Service period, including time spent on board and during embarkation, transfer and disembarkation. The Cruise Organiser, Carrier and/or CDP disclaim all liability for luggage left unmonitored by the Traveller and for which the latter has not taken all the necessary precautions to avoid theft, loss or damage. The Cruise Organiser, Carrier and/or CDP will not be heldresponsible for fragile items, jewellery, watches, money, cash, computers and other electronic equipment, mobile phones or any other precious item that the Traveller does not declare as valuable and hand in on the ship with a description and approximate value for each, and for whichthe Traveller has not paid the corresponding proportional cloakroom fee.7.24 The Traveller has civil and criminal responsibility for any damage they cause directly or indirectly to the Cruise Organiser, Carrier and/or CDP, to other Travellers or to third parties. Theyare solely liable for any fines or penalties imposed as a result by competent authorities.7.25 The Traveller agrees —immediately when requested to do so —to provide the Cruise Organiser, Carrier, crew officers and/or CDP with full access to their stateroom, luggage and personal belongings. This also applies to customs, health and/or administrative authorities in stopover countries or the flag state.7.26 The Cruise Organiser, Carrier and/or CDP are not liable for any damage to photographic, telephone or electronic equipment, or for cameras lost or damaged while the Services are being provided, whether on board the ship or its dinghies or during embarkation or disembarkation, or for any damage to objects that fall in the water.• Animals7.27 Animals, including service and medical assistance animals, are forbidden on board ships and may not embark.• Smoking policies7.28 Ships are non-smoking except in designated areas on outside decks (also applies to electronic cigarettes).8. Air transport8.1 All Airline Tickets are issued as electronic tickets. The first and last names shown must be identical to those listed on the valid Traveller passports. Any error or change request will mean a new Airline Ticket must be bought.8.2 In accordance with French Decree No. 2007-669 of 2 May 2007 regarding the obligation to inform Travellers of Air Carrier identity, CDP will inform the Traveller when they book of the identity of the Air Carrier(s) known at that time to be likely to provide air transport. Should this change after the Acceptance of the Contract, CDP undertakes to communicate any changes to the identity of the Air Carrier(s) as soon as it becomes aware of them before departure.8.3 Airlines can have code-share agreements whereby two or more share the same flight,with one being the named airline and the other operating the flight with its own aeroplane.8.4 “Direct flight” means no aircraft changes butdoes not preclude the possibility of one or several stops. “Non-stop direct flight” means no aircraft changes and no stops.8.5 The schedules and transport types mentioned by CDP are those provided by the Air Carriers.Therefore, they are indicative until departure and subject to amendment for a variety of reasons (additional stops, atmospheric conditions, air traffic permissions, strikes, etc.). In accordance with the Warsaw and Montreal Conventions, flight schedules and routes, and departure airports and destination airports are never contractual elements of the Travel Ticket and as a result CDP cannot be held responsible for these changes beyond its control.8.6 Any technical, climatic or political incident, delay, cancellation or strike, additional stop, change of aeroplane, change of route, etc. that arises while air transport is being provided cannot be blamed on CDP and cannot give rise
to compensation for any reason. If the Traveller wishes to forfeit the benefit of a Service, they will be liable for the cancellation charges shown below.8.7 The Air Carrier’s liability is limited in the case of damages, complaints or claims of any kind in accordance with the Airline Ticket terms. CDP will not reimburse any expenses (taxis, meals, hotels, etc.) once the Traveller becomes the Air Carrier’s responsibility. The consequences of accidents/incidents that may occur during air transport are governed by the Warsaw and Montreal Conventions, or by local regulations governing national transport in the country concerned.8.8 On scheduled international flights, depending on the Air Carrier, the general baggage allowance (excluding benefits for loyalty programme members) is strictly limited to 23 kg maximum in the hold and 8 kg maximum per Traveller in the cabin. On scheduled domestic flights, the allowance is generally between 15 and 20 kg maximum in the hold. On flights chartered by CDP, the hold baggage allowance is 23 kg (subject to confirmation by the Air Carrier selected) and 5 kg maximum per piece of cabinbaggage. Travellers should pack carefully with these restrictions in mind. Air Carriers will not hesitate to bill for excess baggage and sometimes refuse to check in overly heavy or bulky luggage for stringent security reasons. CDP and the Air Carrier cannot be held responsible if a Traveller is denied check-in due to their baggage being too heavy.9. Transfer of the Contract9.1 In accordance with Article R.211-7 of the French Tourism Code, and only where this code applies to CDP, the Traveller can transfer their Contract to a third party whofulfils the same conditions as they do for all Services, as long as the latter have not yet begun.9.2 The transferor and transferee must inform CDP of this decision by any means that allows for acknowledgement of receipt (registered letter, email, fax, etc.) no later than 10 business days before the start of the Services. After this, charges may apply.9.3 Should the Traveller transfer their Contract without informing CDP in line with the process set out above, this assignment will not be valid,and the Services covered in the Contract will be cancelled without any refund.10. Cancellation or amendment of the Contract10.1 Under Article L.121-21 of the French Consumer Code, Travellers should note that they do not have the right to withdraw from the Contract set out in Article L.121-17 of the Consumer Code.10.2 Unless otherwise agreed with CDP, the Traveller cannot amend the Services described in the Contract.10.3 If the Traveller wishes to amend or cancel part or all of the Services described in the Contract, they must inform CDP by any means that allows for acknowledgementof receipt (fax, email, registered letter, etc.) as soon as circumstances change such thatthis amendment or cancellation is required. The document dispatch date will be taken as the invoice date for the change and/or cancellation fees.With the exception of PONANT Yacht Club Grand Admirals and Commodores,all alteration requests will be treated as cancellation requests and therefore covered by paragraph 10.5 governing cancellation fees.10.4 Specific terms and conditions for alteration requests from PONANTYacht Club Grand Admirals and Commodores: In the event of the firstalteration of a tourism package: no fees shall be applied to the cruise service, as long as the request is made within a timeframe of at least 90 days before the departure of the cruise. This timeframe shall be extended to 150 days for Expedition Cruise programmes. New departure must be within 12 months after the date of the departure initially scheduled. Only one alteration without penalty charges per period of 12 months and per person is entitled to Grand Admiral and Commodore member status, regardless of the cruise. Any alteration request aside from the alteration of the firstcruise shall be subject to the general sales condition applicable by default.
10.5 Cancellation fees:For all PONANT & PAUL GAUGUINCruises:The following cancellation charges will apply to any cancellation by guests as of February 11, 2020:Date of Cancellation •Within 15 days after the booking is confirmed: no cancellation fees for the cruise service only•From 15 days after the booking is confirmed to 365 days before the start of the cruise: $150 per passenger and per cruise for the cruise service only •From 364–211Days Prior to Departure Date:10% of total amount of the Services•From 210–121Days Prior to Departure Date: 25% of total amount of the Services•From 120 –91 Days Prior to Departure Date: 50% of total amount of the Services•Under 91Days Prior to Departure Date:100% of Full Fare total amount of the ServicesThe updated cancellation policy affects new bookings only. Cruise guests who booked prior to February 11, 2020, fall under our 2019 cancellation policy.2019 cancellation policy:For Expedition Cruises:• From the date booking is confirmed to 365 days before the start of the Cruise: $250 per passenger for the cruise service only,• From 364 to 91 days prior todeparture date: 25% of the total Service amount,• From 90 to 76 days prior todeparture date: 50% of the total Service amount,• From 75 to 61 days prior todeparture date: 75% of the total Service amount,• Under 61 days prior todeparture date: 100% of the total Service amount.For other cruise programs(except MS Paul Gauguin):• From thedate booking is confirmed to 365 days before the start of the Cruise: $250 per passengerfor the cruise service only,• From 364 to 91 days prior todeparture date: 10% of the total Service amount,• From 90 to 61 days prior todeparture date: 25% of the total Service amount,• From 60 to 46 days prior todeparture date: 50% of the total Service amount,• From 45 to 31 days prior todeparture date: 75% of the total Service amount,• Under 30 days prior todeparture date: 100% of the total Service amount.For cruises on board MS Paul Gauguin:• From the date booking is confirmed to 121 days before the start of the Cruise: $250 per passengerfor the cruise service only,• From 120 to 91 days prior todeparture date: 10% of the total Service amount,• From 90 to 61 days prior todeparture date: 20% of the total Service amount,• From 60 to 31 days prior todeparture date: 50% of the total Service amount,• Under 30 days prior todeparture date: 100% of the total Service amount.For this purpose, “Departure Date” means the date the sea, air/sea or air/sea/land program first departs and “Full Fare”& “total Service amount”means the full cost of any cruise, hotel or air component purchased fromPONANT &PGC. For other services:No refund will be given for cancelling or forfeiting an air-or land-based Service included in thecontract, or any service forming part of the Cruise, no matter the reason.Some components may have different refund and/or cancellation policies and penalties and, if so, these will be explained at time of booking.
10.6 Should a Traveller be absent due to force majeure or to their death, the Contract is terminated when notice is given by the Traveller or their assignee before the Contract begins. A quarter of the Contract price is then due to CDP. The same terms apply, on their request, to family members of the Traveller prevented from travelling by force majeure or death who were travelling with them.10.7 Travellerswho do not arrive for the departure of a Service, orwho find it impossible to make the departure or forfeit it for any reason whatsoever (including due to a transport delay) are not entitled to any refund.10.8 Once the Services have begun, Travellers are obliged to pay the full Contract price, whatever the reason that has led them to forfeit the Services.11. Contract cancellation, suspension and amendments by CDP11.1 Arrival and departure times are indicative and not final. CDP, as Cruise Organiser and/or Carrier and/or Package Seller cannot guarantee that timings will coincide with transport connections (plane, train, etc.).11.2 CDP may allocate Travellers staterooms other than those initially planned.11.3 CDP reserves the right to suspend a Cruise,or to change the itinerary, for any reason it deems valid and cannot be held liable for any loss or damages in this case.11.4 In cases of unfavourable weather conditions, or due to the political or social situation in a stopover country, or for any other reason that could compromise the safety of Travellers, goods or the ship, or in light of orders imposed by public authorities, the Cruise Organiser and/or the Carrier and/or CDP reserves the right to change the itinerary,ports of call or destination port, to delay or terminate the trip, to divert the ship, to tow or be towed, or to transfer Travellers and their luggage to another transport method, even if this means the programme being extended or shortened.11.5 The ship may provide assistance to any person or property at sea in any situation and cannot be held responsible for the consequences of changes to the Cruise programme for this reason.11.6 Where CDP is required, for reasons outside its control, to change the Cruise after Travellers have boarded, the latter cannot claim any compensation from eitherCDP or the Carrier or the Cruise Organiser other than a refund for Services not performed andnot replaced or for the Ticket share not used less all costs incurred. However, CDP can claim from Travellers the extra costs of further services provided to Travellers due to a trip being extended.11.7 In the case of external events outside the control of the Cruise Organiser and/or the Carrier and/or CDP, or for any reason pertaining to Traveller or ship safety, ordue to a lack of participants, CDP can cancel the Cruise and must inform Travellers and/or where appropriate the Cruise Organiser by registered letter with acknowledgment of receipt, or by email, or via a press release.11.8 Cruises and other CDP Services are subject to a minimum number of participants.11.8.1 CDP reserves the right to cancel a cruise up to 21 days before departure if the number of Travellers registered is below or equal to 50% of the ship’s “Passenger Capacity” (200 Passengers for Expedition Cruise programmes and 244 for other Cruises onboardL’Austral, Le Boréal, Le Lyrialand Le Soléal; 55 for Le Ponant; 172 Passengers for PONANT EXPLORERS ships; 270 Passengers forLeCommandant-Charcot; 332 for the MS Paul Gauguin).11.8.2 CDP reserves the right to cancel any service other than the cruise if the number of Passenger participants is below 20 (unless otherwise stated).11.9 Where CDP is the Cruise Organiser, and no matter the reason for cancellation, no compensation is due to the Traveller, who will be able to choose between the following solutions:(i) A full refund of the Contract price; (ii) Another Service at the same price; (iii) A Service at a lower price and a refund for the price difference between the two Services based on the advertised prices. Travellers must inform CDP of their choice as soon as possible and in any event before the deadline mentioned in the cancellation documents.11.10 Transport included in the Services is booked by CDP in line with the terms and conditions of each service provider. CDP reserves the right to substitute one form of transport for another, or one hotel for another in the same category. In the latter case, if the hotel is in a lower category,Travellers will be refunded for the overpayment.11.11 All services are offered subject to availability. If there are no more spaces in the class offered, CDP can provide extra places for a surcharge, depending on availability.12. Liability
12.1 When acting as Maritime Carrier, CDP is responsible for any damage to Travellers in line with the compensation provisions and limitations in the following texts, according to their respective fields of application: Articles L5421-1 to L5421-8 of the French Transport Code and Regulation (EC) No. 392/2009 of the European Parliament and of the Council of 23 April 2009. Where this regulation applies, the compensation limits for the Carrier in cases of death or bodily injury are 400,000 special drawing rights per Traveller and per event.12.2 When acting as Maritime Carrier, CDP is responsible for any damage to baggage in line with the compensation provisions and limitations in the following texts, according to their respective fields of application: Articles L5421-9 to L5421-12 of the French Transport Code, French Decree No.67-268 of 23 March 1967 amended by Decree No. 86-1065 of 24 September 1986 and Regulation (EC) No. 392/2009 of the European Parliament and of the Council of 23 April 2009. Where this regulation applies, the maximum compensation for the Carrier to provide for baggage lossor damage is 2,250 special drawing rights per passenger and per carriage, with an allowance of 149 special drawing rights per Traveller applied in all cases. Where Regulation (EC) No. 392/2009 does not apply, the maximum compensation for the Carrier to provide for baggage loss or damage is €1,520 eurosper Traveller and per carriage.12.3 When acting as Maritime Carrier, CDP is always subject to the compensation limitations stated in the London International Convention of 19 November 1976 as amended by the Protocol of 1996, and these limits take precedence over any other limit indicated by a non-mandatory text.12.4 For any bodily injury or material damage sustained on board the ship or its dinghies or crafts during embarkation or disembarkation, or occurring during seatransport, CDP, when acting as Cruise Organiser, is responsible within the same limits and terms asthe Carrier. Where this injury or damage occurs outside these circumstances, but between the beginning and end of the cruise, any compensation due to the Traveller from the Cruise Organiser and/or CDP is capped at half the price of the Cruise.12.5 When acting as travel package seller within the meaning of the French Tourism Code, CDP is responsible for damage to Travellers or their baggage within the limits and terms set out in Article L.211-16 of the code. CDP cannot be held responsible for the consequences of the following events:a) Loss or theft of Tickets, failure to present identity and/or health documents, or presenting expired documents, or those with an insufficient period of validity (identity cards, passports, visas, vaccination certificates, etc.) or not matching the informationin the documents issued to the Traveller.b) Incidents or events that are unforeseeable andinsurmountable involving a third party outside the travel contract (force majeure). When cancellation isnecessary due to force majeure circumstances and/or for Traveller safety reasons and/or where required by an administrative authority, whether French or foreign.12.6 CDP, as Cruise Organiser, Carrier and/or Package Seller is expressly not responsible for immaterial damages, loss of enjoyment and punitive or assimilated damages.12.7 Where a Traveller is not permitted to board a ship –including after or during a stopover –in the circumstances mentioned in Article 6, neither CDP as Cruise Organiser, Carrier and/or Package Seller, nor the ship Captain or crew are responsible in any way whatsoever.12.8 CDP is in no way responsible for bodily injury, or material ornon-material damages caused by war, blockades, riots, strikes, social conflicts, acts of piracy or terrorism, epidemics or quarantines, disasters and natural catastrophes, nuclear fusion, fission, pollution or explosions or their consequences, the closure of departure, stopover or destination ports, the detention, requisition or seizure of the ship for any reason, the use of the ship for special State needs, or by the simplethreat of the above events. It is also not responsible for damages caused by a Traveller voluntarily participating in a brawl or dangerous activity not required to save a human life.12.9 CDP is in no way responsible for damages caused by suspending and/oramending a trip due to force majeure, war, blockades, riots, strikes, social conflicts, acts of piracy or terrorism, epidemics or quarantines, disasters and natural catastrophes, nuclear fusion, fission, pollution or explosions or their consequences, the closure of departure, stopover or destination ports, the detention, requisition or seizure of the ship for any reason, the use of the ship for special State needs, or by the simple threat of the above events.12.10 Where CDP as Cruise Organiser and/or Carrier and/or Package Seller is responsible for transporting luggage inthe period before or after the ship lands, it acts as the Traveller’s authorised representative and its responsibility is not substituted for that of the carriers tasked with transporting the baggage.