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P&O Cruises Conditions of Carriage

These conditions of carriage ("Conditions") apply to your Cruise and incorporate The Convention Relating To The Carriage Of Passengers And Their Luggage By Sea 1974 ("the Athens Convention") and any amendments or modifications thereof and you are bound by them.

DEFINITIONS

"Carnival"

means Carnival plc trading as P&O Cruises, a company registered at 5 Gainsford Street, London SE1 2NE, England under company number 04039524, operating under the brand named in your confirmation invoice and all relevant employees, agents, contractors and insurers;

"the Cruise(s)"

means the carriage by sea of the Passenger sold by Carnival trading as the relevant brand;

"Itinerary"

means the itinerary published in your Tour Operator's brochure or otherwise advertised and offered for sale by your Tour Operator as part of a Cruise;

"the Passenger"

means each and every person named in a booking and/or on a ticket issued by or on behalf of Carnival;

"a Significant Alteration"

means major changes to the Itinerary;

"Supplier(s)"

means any company or individual (including their employees, agents, independent contractors and sub-contractors, and insurers) which provides any service forming part of the Cruise;

"Tour Operator"

means the Company which enters into a contract with the Passenger for the provision of a holiday which includes a Cruise.

TICKETS

1.

Carnival will provide carriage only to the Passenger named on a valid ticket issued by or on behalf of Carnival and you will be required to produce a valid passport as means of identification.

2.

All travel on the Cruise is subject to these Conditions which apply to all Passengers and their personal representatives.

3.

Carnival will not carry a Passenger under the age of 18 unless they are accompanied by a Passenger aged 21 or over who will at all times during the Cruise be responsible for their welfare, conduct and behaviour.

4.

Children aged 6 months or less at the commencement of the Cruise will be refused permission to board the cruise ship and Carnival shall have no liability whatsoever for any consequences of such refusal.

5.

Carnival does not have on board its cruise ships adequate medical facilities for childbirth. Accordingly, Carnival cannot accept a booking or subsequently carry any Passenger who will be 24 weeks or more pregnant by the end of the intended Cruise. In the case of a booking by or on behalf of any such Passenger made before it could reasonably have been known that the Passenger would not be able to join the Cruise by reason of this clause, Carnival will refund in full the price paid by or on behalf of that Passenger and the price paid by any accompanying Passenger but shall otherwise have no liability whatsoever. Carnival expressly reserves the right to refuse passage on board to any Passenger who appears to be in an advanced state of pregnancy and Carnival shall have no liability whatsoever in respect of either such refusal and/or the carriage of any such Passenger.

6.

Carnival reserves the right to require any Passenger to produce medical evidence of fitness to travel on the Cruise.

7.

Passengers with physical or mental disabilities or other handicaps which may require special treatment or assistance (including Passengers using a wheelchair) must inform their Tour Operator and Carnival in writing before a booking is made. Passengers who use a wheelchair must furnish their own standard sized wheelchairs and must be accompanied by a travelling companion fit and able to assist them. Ships wheelchairs are available for emergency use only. Carnival reserves the right to refuse passage on board its cruise ships to any Passenger who has failed to notify Carnival of such disabilities or need for assistance or who in Carnival's opinion is unfit for travel or whose condition may constitute a danger to themselves or to others on board.

8.

Shore excursions are available for separate purchase on board and are arranged by Carnival with local operators. They do not form part of these Conditions.

ALTERATION AND CANCELLATION BY CARNIVAL

9.

Whilst Carnival will do its best not to cancel or to make any Significant Alteration after a booking confirmation has been issued by your Tour Operator, Carnival shall nevertheless be entitled at any time prior to departure to cancel the Cruise or to change and/or curtail the scheduled Cruise Itinerary where such cancellation or change reasonably becomes necessary on operational, commercial or other grounds. Carnival will inform your Tour Operator (or you if time does not permit) of any such cancellation or change of Itinerary as quickly as possible.

10.

Carnival shall also be entitled at any time to cancel or to cease performance of the Cruise and/or curtail the scheduled Cruise Itinerary by reason of an event of force majeure which shall include (without limitation) war or threat of war, terrorist activity or the threat of the same, riots, civil commotion, disaster, Act of God, epidemic, 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 and any other event beyond Carnival's reasonable control.

11.

After departure of a Cruise, Carnival does not guarantee that the cruise ship will call at every port on the Itinerary or follow every part of the advertised route or schedule or that every part of the Cruise will be provided, although Carnival will exercise reasonable skill and care to provide the Cruise. Carnival reserves the absolute right to decide whether or not to omit any such port(s) and/or to call at additional ports and/or to change the advertised route or schedule, whether by reason of an event of force majeure or other events beyond Carnival's control.

12.

Transit or part transit of straits, other sea areas controlled by vessel traffic schemes, canals, rivers and all other navigable waterways may be subject to delay due to operational circumstances and/or the requirements of the local authorities and Carnival shall have no liability whatsoever in respect of any such delay.

INSURANCE

13.

It is a condition of carriage that every Passenger must have adequate travel insurance in force for the entire duration of the Cruise against illness, accident and the cost of medical treatment and repatriation; loss of or damage to luggage and valuables.

SECURITY, SAFETY AND SUPPORT

14.

Passengers are expected at all times throughout the Cruise to conduct themselves in a proper manner and with due regard to the health, safety, comfort, enjoyment and general well-being of all persons both on board the cruise ship and involved in the provision of any service or facility forming part of the Cruise or any shore excursion, and the Passenger expressly agrees to this. If it appears that a Passenger's conduct, behaviour or health is likely to endanger the Passenger's own health or safety or that of any other Passenger or crew or may make the Passenger likely to be refused permission to go ashore at any port or may make Carnival liable for the costs of any medical treatment and/or maintenance and support and/or repatriation, then Carnival and/or the Master shall have the right according to the particular circumstances to take any one or more of the following measures as may appear to be appropriate:

  • refuse to embark or to disembark the Passenger at any particular port or other place of call;


  • disembark the Passenger;


  • transfer the Passenger to another berth;


  • confine the Passenger to a particular stateroom or to the ship's medical centre;


  • through the ship's doctor and/or his staff, administer any drug, medicine or other substance of a similar nature, or admit and/or confine the Passenger to a hospital or any similar institution at any port as the ship's doctor may consider necessary.
  • 15.

    Carnival reserves at all times the right to refuse embarkation on the cruise ship to any Passenger who in the sole but reasonable opinion of Carnival is in an unfit condition to travel due to sickness, illness or any physical or mental impairment. In such circumstances (save where it is shown that the Passenger's condition is attributable to the fault of Carnival) Carnival shall have no liability whatsoever.

    16.

    In the event of Carnival and/or the Master acting in accordance with clause 15 above, neither the Passenger nor (at the sole discretion of Carnival) any other person travelling with the Passenger (whether or not under the same booking) shall be entitled to make a claim against Carnival for any loss or expense incurred as a result of such action, whether for a full or partial refund of the price or for any other form of compensation or for the cost of returning to the United Kingdom or to any other place or for any other form of loss or expense whatsoever. Where the Passenger is repatriated pursuant to this clause at Carnival's expense, Carnival shall have the right to recover the cost of this.

    17.

    For security reasons, it may be necessary at any time to search Passengers and/or their luggage and goods and the Passenger agrees to allow such search upon being so requested by the Master or any other authorised person.

    18.

    The Passenger must not bring on board the cruise ship any goods or articles of an inflammable or dangerous nature, nor any controlled or prohibited substance, nor any animals. To do so shall be a breach of these Conditions and shall render the Passenger strictly liable to Carnival for any injury, loss, damage or expense and the Passenger shall compensate Carnival in full for any loss, damage or expense suffered by Carnival as a result of such breach. The Passenger may also be personally liable to statutory penalties. The Master (or any other officer delegated for the purpose) shall be entitled at all times to enter and search the stateroom and personal luggage (whether or not in the stateroom) of any Passenger who the Master reasonably believes may be in breach of this clause. Where the Passenger is found to be in breach of this clause, Carnival and/or the Master of the cruise ship shall be entitled to exercise any of the powers conferred by clause 15 and clause 16 shall apply.

    19.

    Any crew member or other person authorised by Carnival shall be entitled to enter a Passenger's stateroom to carry out necessary inspection, maintenance or repair work or for any purpose associated therewith.

    COMPLAINTS

    20.

    Any problem which arises during a Cruise must be raised by the Passenger at the time with a representative of Carnival during the Cruise. If the problem is not resolved to the full satisfaction of the Passenger during the Cruise, it is essential that to enable the complaint to be investigated properly, it must be notified in writing to the company with which you contracted for the Cruise at the earliest opportunity thereafter and in any event no later than 28 days after the Passenger's return from the Cruise. Failure to report the complaint within this time may adversely affect Carnival's ability to investigate and deal with it and may prejudice any future claim.

    LIABILITY

    21.

    All carriage by sea is subject to the terms and conditions of carriage of the actual carrier (if not Carnival). These may limit or exclude liability. They are expressly incorporated into these Conditions and they also form the terms and conditions of separate contracts between the Passenger and the particular carrier as contained in that carrier's ticket which is provided to the Passenger before the scheduled departure date. Copies of these terms and conditions are available on request from Carnival.

    22.

    Carriage of passengers and their luggage by sea is governed by the Athens Convention 1974 (whether as inconsequently amended or otherwise "the Athens Convention"). A copy of the Athens Convention is available on request. The Athens Convention is expressly incorporated into these Conditions and any liability of Carnival for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be determined accordingly. In most cases, the Athens Convention limits the carrier's liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Passenger unless written notice is given to Carnival:

    (a)     in the case of apparent damage, before or at the time of disembarkation or redelivery;

    (b)     in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.

    Any damages payable by Carnival up to the Athens Convention limits shall be reduced in proportion to any contributory negligence by the Passenger and by the maximum deductible specified in Article 8(4) of the Athens Convention.

    23.

    Insofar as Carnival may be liable to a Passenger in respect of claims arising out of carriage by sea, Carnival shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual carrier (including his own terms and conditions of carriage) and under the Athens Convention, and nothing in these Conditions shall be deemed a surrender thereof. To the extent that any provision in these Conditions is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but no further.

    24.

    Insofar as the Cruise may be performed on a ship not owned by Carnival, it is agreed that Carnival shall at all times nevertheless be deemed a ship owner 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 any relevant jurisdiction from time to time, and so entitled to limit liability thereunder.

    25.

    Any liability in respect of death and personal injury and loss of and damage to luggage which Carnival may incur to the Passenger, whether under the Contract in accordance with these Conditions or otherwise, shall always be subject to the limits of liability contained in the Athens Convention.

    26.

    All employees, agents, contractors and their sub-contractors (including Suppliers as defined), as well as all insurers of both Carnival and its Suppliers shall have the benefit of the same rights, defences, immunities and limitations available to Carnival under these Conditions, and it is agreed for this purpose that Carnival contracts with the Passenger as agent or trustee for all such persons.

    ACTIONS, CLAIMS AND TIME LIMITS

    27.

    Any action by a Passenger against Carnival arising out of carriage by sea must be commenced within the two year time limit prescribed by the Athens Convention.

    28.

    If a court or tribunal applies any law other than English law, Carnival shall (in respect of all exclusions and limitation of liability) be entitled to the maximum protection allowed by that law including statutory protection of limitation as to the amount of damages recoverable.

    DATA PROTECTION

    29.

    In clauses 30 to 32, "you" means the Passenger. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, Carnival needs to use the personal information you provide such as name, address, any special needs, health, medical, mobility or dietary requirements, etc. Carnival may pass personal information on to other relevant suppliers of your travel arrangements such as travel agents, airlines, hotels, and transport companies. Your personal information may also be provided to security and/or credit checking companies, credit and debit card companies, government and enforcement agencies, public authorities such as customs and immigration if required by them, or as required by law. This may involve sending your personal information between different countries, including countries outside the European Economic Area (EEA) where controls on data protection may not be as strong as the legal requirements in this country. This may also apply to any sensitive information that you give to us such as details of any disabilities or dietary/religious requirements. If Carnival cannot pass your personal information on to the relevant suppliers, whether in the EEA or not, Carnival cannot properly effect your booking.

    30.

    The personal information you provide to Carnival, or which is obtained through your dealings with Carnival or other brands of Carnival plc, will also be used by Carnival plc or by processors on its behalf: to review your dealings with Carnival plc brands including your purchasing preferences; to review, develop and improve the holidays and services Carnival plc offers; for market research purposes; and for statistical analysis.

    31.

    Carnival plc will store your contact details and may contact you by post, email and/or telephone with news, information and offers on its cruises and other services (including those offered by Carnival and other Carnival group brands such as P&O Cruises, Princess Cruises, Cunard Line, Seabourn Cruise Line and Ocean Village) and for market research purposes. If you prefer not to be contacted for the purposes set out above, please contact the Customer Data Department, Carnival, Richmond House, Terminus Terrace, Southampton, SO14 3PN. If you wish to obtain a copy of the personal information held about you, please write to the above address. Carnival plc may make a charge for supplying this information as permitted by law.

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