Mundy Cruising PLC; which also trades as The Cruise Portfolio – the UK GSA for Crystal Cruises & Paul Gauguin Cruises – (“We”) are committed to protecting and respecting your privacy. For the purposes of the General Data Protection Regulation 2018 (GDPR), we are the data controller.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting this website you are accepting and consenting to the practices described in this policy
We use information held about you in the following ways:
Information we collect from you
We will collect and process the following data about you:
Information you give us.
We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
If you contact us for information or indeed for a price on a particular cruise, you might do so by telephone, email, face to face, or by filling in a form on our website. At that point, we will begin to collect information about you. The simple contact details we will request are the means to respond to your enquiry: a telephone number, email address, and of course your name, and possibly the names of those who may be travelling with you. The information you give us may also include financial and credit card information, personal description and photograph.
The information will be used to manage your account and your booking or booking request.
Once we proceed beyond the enquiry stage to make a booking for you, additional information will be needed, such as the full passport names of all the people travelling on the booking and their dates of birth. We may also need their addresses and contact numbers. There may be a need to collect additional information such as details of next of kin or emergency contacts, and personal details you need to pass to us in order to ensure your booking is looked after properly: these can include dietary requirements and medical needs which act as an indicator of other personal details (such as your ethnicity or the state of your health). The information will be used solely for the smooth running of your holiday. If we do not need the information, you have no need to supply it to us.
We must pass on personal information to the companies fulfilling your booking, which include cruise lines, airlines and other travel providers. This will in many cases involve your information being passed to entities in other countries throughout the world. They in turn may be obliged to pass your information on for purposes of immigration manifests and so forth. We will require these companies to also ensure that your data is adequately protected and your privacy upheld.
We will use your contact details regularly to keep you updated on the progress of your booking, make you aware of ways to enhance your forthcoming holiday, assist you with pre-reservations, and supply all appropriate information.
- If you have provided us with your consent to contact you with marketing about our products and services we think may interest you, we will ask you if and how you wish to be contacted. We also market through Facebook; where we provide information to you via Facebook, we will ensure that your data is adequately protected by Facebook and your privacy upheld in accordance with the GDPR.
- Please note that calls to the Reservations team may be monitored and are recorded for training purposes.
Information we collect about you
Please note that The Cruise Portfolio does not collect personal data from anyone under the age of 18. You must be over 18 to register your personal details, including your email address.
We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
With regard to each of your visits to our site (www.cruiseportfolio.co.uk), The Cruise Portfolio’s web server automatically collects and aggregates information about your visit including, but not limited to, your IP address, service provider, browser type and operating system. This information does not personally identify you and we analyse this aggregated information only in order to optimise your experience and enhance the time spent with us online.
Third party websites accessed from our website may be governed by privacy policies and practices that differ from this policy. You are encouraged to familiarise yourself with the privacy policies of each site you visit prior to disclosing any personal information.
Disclosure of your information
You agree that we have the right to share your personal information with:
- Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
- Selected third parties including business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
- We must pass on personal information to the companies fulfilling your booking, which include cruise lines, airlines and other travel providers. This will in many cases involve your information being passed to entities in other countries throughout the world. They in turn may be obliged to pass your information on for purposes of immigration manifests and so forth. We will require these companies to also ensure that your data is adequately protected and your privacy upheld.
We will disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
- If Mundy Cruises plc or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation and other agreements; or to protect the rights, property, or safety of The Cruise Portfolio, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Security and safety of data and its storage
We make every effort to put in place suitable precautions to safeguard its security and privacy, and to prevent it from being altered, corrupted, destroyed or accessed by unauthorised parties. The same tight controls and best practices are true for any data processed beyond this website and on our Company’s internal networks.
Please be aware that this website may include links to other external websites or other internet sources, including social media platforms and third party websites. Since we cannot control these websites and external sources, The Cruise Portfolio cannot be held responsible for the provision or display of these websites and external sources, and may not be held liable for the content, advertising, products, services, or any other material available on or from these websites or external sources, nor their collection and processing of any personal data. However, every effort has been made to vet these external websites and sources at the time of providing any outgoing link from our own website.
With regards to the security and safety of data and its storage, The Cruise Portfolio assures:
- To take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.
- It will be processed lawfully with your consent for the specific purpose it is required and will not be kept for longer than is legally necessary. We will only process any special category of personal information relating to you for legal, personnel, administrative and management purposes and to enable us to meet our legal obligations.
- It will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction or erasure. Personal data will only be transferred to a data processor if they agree to comply with those procedures and policies, or if they put in place adequate measures themselves.
- It will maintain data security by protecting the confidentiality, integrity and availability of the personal data.
Limitation on storage
We will not keep personal data active longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable actions to destroy, or erase all data from our website and other systems which is no longer required.
Freedom of information / your rights under the GDPR
Under the EU’s GDPR, you have the right to access information/data held about you, and the right to correct, amend, delete, and object to further processing.
Your right of access can be exercised in accordance with the GDPR. Any access request will be free of charge, although multiple copies will be subject to a reasonable fee to meet our costs in providing you with details of the information we hold about you. We will endeavour to provide you with the personal data in the same machine-readable format and will make it capable of porting to a third party data controller, only if it is technically feasible to do so.
You should also notify us if any of your personal details change or if you are aware of any inaccuracies so that this can be corrected.
- About cookies
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser, and stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies can be used by web servers to identity and track users as they navigate different pages on a website, and to identify users returning to a website.
Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
- Cookies on this website
We use both session cookies and persistent cookies on this website.
Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies.
We may use the information we obtain from your use of our cookies for the following purposes:
(1) to recognise your computer when you visit our website;
(2) to improve the website’s usability;
(3) to analyse the use of our website;
(4) in the administration of this website; and
(5) to personalise our website for you.
- Third party cookies
When you use our website, you may also be sent third party cookies.
Our advertisers or service providers may send you cookies. They may use the information they obtain from your use of their cookies:
(1) to track your browser across multiple websites;
(2) to build a profile of your web surfing;
(3) to target advertisements which may be of particular interest to you.
- Blocking cookies
Most browsers allow you to refuse to accept cookies. For example:
(1) in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.
(2) in Firefox you can block all cookies by clicking “Tools”, “Options”, and un-checking “Accept cookies from sites” in the “Privacy” box.
Blocking all cookies will, however, have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use the shopping basket on this website.
- Deleting cookies
You can also delete cookies already stored on your computer:
(1) in Internet Explorer, you must manually delete cookie files;
(2) in Firefox, you can delete cookies by, first ensuring that cookies are to be deleted when you “clear private data” (this setting can be changed by clicking “Tools”, “Options” and “Settings” in the “Private Data” box) and then clicking “Clear private data” in the “Tools” menu.
Obviously, doing this may have a negative impact on the usability of many websites.
- Contact us
This website is owned and operated by Mundy Cruising plc trading as The Cruise Portfolio
The Cruise Portfolio
50-51 Wells Street
London, W1T 3PP
020 7399 7601 / email@example.com
GENERAL TERMS & CONDITIONS
Please read these Terms & Conditions carefully. They include important information you will need to know before you book a cruise with The Cruise Portfolio, and are some of the Terms & Conditions which form part of the Ticket contract pursuant to which you travel. These Terms & Conditions are subject to change with or without notice. The entire Terms & Conditions that form the ticket contract by which you are bound are available through the specific cruise line you are travelling with.
1. TERMS OF THE CONTRACT:
The inclusive fly-cruise arrangements are organised and offered for sale in the United Kingdom by Mundy Cruising plc trading as The Cruise Portfolio of 50-51 Wells Street, London, W1T 3PP (“the Company”) upon the terms of these conditions. Although all of the information has been described in accordance with the latest information available at the time of printing, the Company reserves the right to make changes, though any change will be notified to you before you conclude a contract with the Company. Carriage by Sea is provided by the cruise line you are travelling with.
2. BOOKING PROCEDURE AND DEPOSIT:
In order to make a booking, please contact your ABTA Travel Agency or the Company. Complete and sign the booking form supplied (where applicable). The person signing the booking form accepts these conditions and the brochure information on behalf of all persons named on the booking form. All references to “you” or “your” shall be a reference to all persons who are part of the booking. The booking form should then be sent to the Company or handed to your ABTA Travel Agent together with the required deposit per person. All monies you pay to the travel agent are held by him on behalf of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at the time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. The holiday arrangements shown in the brochure are flexible – if you wish to extend your stay pre- or post- cruise, upgrade your flights or make any other arrangements, please put full details in writing at the of time booking. If you do not do so, you will be required to pay the booking amendment fee when changes are made (see section 17).
Your Contract is with the Company and your cruise is performed by Crystal Cruises or Paul Gauguin Cruises whose Conditions of Carriage are expressly incorporated into these Booking Conditions and can be viewed at www.crystalcruises.co.uk and www.pgcruises.com. You can also obtain a copy from the Company. The person signing the Booking Form must be over the age of eighteen (18). The Contract with the Company is concluded when the Company issues a confirmation invoice. This will be sent to you by the Company or your ABTA Travel Agent. Full payment of the balance shown on the confirmation invoice is required no later than 100 days prior to departure. If the booking is made and accepted within 100 days of departure, then full payment must be sent with the completed booking form. Failure to pay in full by this time may result in cancellation of your cruise and forfeit of your deposit.
The prices shown in the current brochure may have changed by the time you come to book your holiday. Although we make every effort to ensure that the pricing shown in the brochures is accurate at the time of printing, regrettably errors do occur, and you will be advised of the current price of the holiday when your contract is confirmed. The Company’s prices are based on known costs and projections at 30th April 2016 and it does not expect to have to make any changes. However, the Company reserves the right to vary prices up or down at any time up to 30 days before departure to allow for variations in: a) exchange rates, b) transportation costs, including the cost of fuel and, c) increases in general tax rates (such as VAT) imposed by any country including dues, taxes or fees chargeable for services such as embarkation and disembarkation fees at ports or airports. Even in these cases, the Company will absorb an amount equivalent to 2% of the holiday price (excluding insurance premiums and amendment charges). (Any increase will be calculated by reference to the total cost of the variation to the Company divided by its best estimate of the number of passengers likely to be affected, so as to arrive at a per capita increase). If this means paying more than 10% on the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid except for any premium paid to the Company for holiday insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed in the invoice or such other time as may be specified. The cruise fare for all sailings includes all normal shipboard services and facilities plus all non-alcoholic beverages, select wines and liquors and gratuities for house-keeping, dining and bar staff. The cruise fare does not include port, security and handling charges, fuel surcharges, other surcharges, airfare and transfers (unless otherwise noted), shore excursions (unless otherwise noted), sightseeing or meals ashore, taxes, gratuities, visa fees, laundry or valet service, or any item or service whatsoever of a personal nature, such as medical treatment, expenses incurred on board or ashore in connection with medical treatment, condition or medical disembarkation, massage, spa services or hairstyling. Free Miscellaneous charges levied by the air carriers for services, including but not limited to luggage, meals, special seat assignments or any other airline provided service are the Guest’s responsibility. All offers may not be combinable with other promotions, apply to first two guests in stateroom or suite, are capacity-controlled, subject to availability and may be changed or withdrawn at any time.
All charges for services and products provided onboard the Ship must be settled in cash, traveller’s cheques and personal cheques to limits acceptable to the cruise line or by credit card acceptable to the cruise line and before the guest’s final disembarkation from the Ship. Any and all payments shall be made in the currency of the United States of America or other currency acceptable to the Carrier. Any other expenses incurred by you shall be payable to the ship on demand and prior to leaving the Vessel.
5. PASSPORTS AND VISAS:
British passengers should carry a full British Passport, valid for at least 6 months after the end of your holiday. Other nationalities should also carry a full passport. Visas may be required for some ports of call. Please check with your travel agent or the cruise line you are travelling with. It is your responsibility to ensure that you have valid and appropriate travel documentation including passports and visas for each person travelling with you for eligibility to travel at the time of embarkation and throughout the cruise and the various ports of call for the Cruise. In addition to immigration and customs requirements, the U.S. Government and others place restrictions on the carriage of persons whose names appear on Government watch lists or who are deemed legally ineligible to travel. It is your sole responsibility to ensure your legal eligibility to travel. You are advised to check with the appropriate Government authority to determine the necessary documents and travel eligibility requirements. If you or anyone travelling with you become ineligible to travel for any reason, or are travelling without proper documentation, then you will not be allowed to board the ship. Under no circumstances shall the Company or the cruise line be liable for any costs, damages or expenses whatsoever incurred by you or anyone else as a result of such denial of boarding.
6. HEALTH REQUIREMENTS AND INSURANCE:
Each guest represents and warrants that he or she is physically and otherwise fit to travel on the voyage. The cruise line you are travelling with will not accept reservations for guests who will be past the sixth month of pregnancy by the end of their cruise. Any physical, emotional or mental condition that may require professional attention during the cruise must be reported to us at the time of booking. Guests requiring the use of wheelchairs must notify us at the time of booking and should be aware that the marina area on the ship is not accessible via elevator and that most ports on the cruise require tenders to go ashore and may preclude a wheelchair guest from leaving the vessel. Decisions made by the ship’s captain in such circumstances will be binding. The cruise line strongly recommends that wheelchair guests travel with someone who is able to assist them. Wheelchairs provided on board are for emergency purposes only. Guests requiring a wheelchair are required to provide their own on board. Shipboard medical services and facilities, including doctor and medications, are available to guests at a reasonable charge.
7. MEDICAL FACILITIES/ TREATMENT ON BOARD AND ASHORE:
Please see the specific terms on this subject for Crystal Cruises and Paul Gauguin Cruises online at www.crystalcruises.co.uk and www.pgcruises.com respectively.
Please see the specific terms on this subject for Crystal Cruises and Paul Gauguin Cruises online at www.crystalcruises.co.uk and www.pgcruises.com respectively.
9. PETS AND SERVICE DOGS:
Please see the specific terms on this subject for Crystal Cruises and Paul Gauguin Cruises online at www.crystalcruises.co.uk and www.pgcruises.com respectively.
10. SPECIAL DIETS AND REQUESTS:
Weapons, ammunition, explosives, substances that are hazardous, disabling, or illegal, or any other article that in the opinion of the Captain of the ship shall be deemed dangerous, are strictly prohibited aboard the Ship. Such additional dangerous articles include, but are not limited to, firearms, stun guns, swords, ice picks or knives. A more comprehensive list of prohibited items is available through the Carrier from the Company. Any such items shall be surrendered to the Captain at embarkation, and may be disposed of in the sole discretion of the Captain.
You and everyone travelling with you hereby consents to a reasonable search being made of your/their person, Luggage or other property, and to the removal and confiscation or destruction of any object which may, in the opinion of the Captain impair the safety of the Ship, be illegal or inconvenience other passengers on board.
12. CRUISE ONLY ARRANGEMENTS:
If you book arrangements with the Company that do not include flights, your arrangements are protected by way of a bond with ABTA. This means that in the unlikely event of our insolvency, your cruise can’t be provided, you will receive your money back or, if your cruise has started, arrangements will be made for you to be able to continue as planned.
13. FLY/CRUISE PACKAGES:
For most 2017/2018 voyages, we have advised a cost for flights from a London airport alongside your cruise fare. Flights are offered subject to availability, and are limited to specific airlines, airports and often to specific flights. Our flight programme is subject to supplements as applicable at time of booking. Supplements for flight upgrades may be available at time of booking. Most flights are with British Airways, although alternative airlines may be used on specific sailings or when British Airways is unavailable. In certain circumstances we may require full payment for flights and ancillaries at time of booking, and the amount paid for the flight element or ancillaries of the arrangements at deposit stage may be non-refundable. This will include pre-cruise and post- cruise arrangements. Please enquire at time of booking.
14. HOTEL AND FLIGHT RESERVATION:
If you purchase a fly/cruise package The Company has made arrangements with airlines and hotels which provide services included in the holidays in this brochure. Where the hotel is specified you will be booked into this hotel or one of a similar standard. If you chose to travel by air on dates other than those published, a higher fare may apply, and you should be advised by the Company prior to booking. All flights and hotels are confirmed when the booking form and deposit are received. No allocations are held. Passengers are booked onto the scheduled services of British Airways or other comparable carrier on the routes shown or other routes as agreed between the company and the customer. Full details will be given on the invoice. (In most cases, and subject to the airline, flights will be on a Boeing 747 on long haul flights, and on a Boeing 737, 757, 767, 777 or an Airbus for European flights. This information is for guidance only). Any deviations from the published package should be advised clearly in writing. World Traveller Plus, Business and First Class air travel can be arranged. Supplements are available on request.
15. BOOKING CANCELLATION:
Cancellation of bookings or category downgrade requests must be made in writing to the company. All tickets issued for cancelled bookings must be returned together with the notice of cancellation. The specific cancellation charges applicable for Crystal Cruises and Paul Gauguin Cruises can be viewed online at www.crystalcruises.co.uk and www.pgcruises.com respectively.
For this purpose, “Departure Date” means the date the sea, air/sea or air/sea/land programme first departs and “Full Fare” means the full cost of any cruise, hotel or air component purchased from the cruise line. Some components may have different refund and/or cancellation policies and penalties and, if so, these will explained at time of booking.
16. ALTERATIONS BY THE COMPANY:
Arrangements for the holidays are made many months in advance by the Company. Occasionally for some reasons of force majeure or other circumstances beyond the control of the Company it is necessary to make alterations to the arrangements. The Company reserves the right to alter or cancel itineraries, accommodation or other arrangements at any time. In the event of a Significant Alteration prior to departure of an essential term of the Cruise, the Company will inform you of any cancellation or change of itinerary in writing as soon as reasonably possible and you will be offered a choice of: a. accepting the alteration or b. booking another Cruise of equivalent or superior quality, if available or booking another Cruise of a lower quality, if available, with a refund of the difference in price or cancelling and receiving a full refund of all monies paid.
You must notify the Company of your decision in writing within seven days of receiving the notification or alteration or such time as may be reasonably stipulated. The Company will not be liable with indirect or consequential losses. You will not be entitled to receive compensation where the Significant Alteration is due to: a. an event of Force Majeure where the cancellation is due to unusual and unforeseeable circumstances, the consequences of which could not have been avoided even if all due care had been exercised or b. where the minimum number of passengers specified as being required for a package to proceed is not reached.
In those circumstances, compensation shall be limited to £20 per person per night for the duration of the Cruise as booked. In respect of a significant alteration of the Cruise after departure, then the Company will make suitable alternative arrangements at no extra cost to you for the continuation of the Cruise. If you do not accept these for good reason or it is impossible to make suitable alternative arrangements, the Company will where possible provide you back to the place of departure or to another place to which you have agreed with us. Compensation will not be payable if the alteration is minor or does not affect the value of the Cruise or if the Company is not able to provide a significant proportion of the package due to an event of force majeure or is not at fault. The Carrier cannot guarantee the Cruise will call at every Port on the itinerary or follow every part of the advertised route or schedule. Cancellation of part of the itinerary, substitution of ports or unavailability of some services on board the vessel will not amount to a significant alteration.
17. GUEST AMENDMENTS:
Should you wish to make any amendment to your booking, then you must notify us in writing. All amendments carry a £50 per person amendment fee, plus any additional charges as a result of the changes. For all amendments received, we will make every effort to assist you, although we cannot guarantee that that we will be able to meet every request. Certain changes such as name, ship, sail date, category of accommodation, or value of booking may not be changeable and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Any amendments received within 90 days before the sailing date may be treated as a cancellation, and the applicable cancellation charges will apply as per point 15.
18. OUR RESPONSIBILITY:
The Company accepts responsibility for ensuring that all elements of your holiday are as described in this brochure and are of a reasonable standard. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any Supplier. In the event of a complaint by a Guest, this Contract will be regarded as having been performed if local laws and regulations relating to those services have been satisfied, even if the laws of England and Wales have not been met. If you and/or any other person included in your booking suffers injury, death or loss of or damage to property as a result of the non-performance or improper performance of any service which the Company is contractually obliged to provide, then the Company’s liability, if any, to pay compensation shall be governed by the international conventions which govern such services. This limitation applies whether or not any particular international convention has been signed or ratified by the UK; or as any particular convention may be applicable by the operation of UK Law. Liability for death and or personal injury and or loss of or damage to luggage in respect of international carriage by sea is governed by EU Regulation 392/2009 relating to the Liability of Carriers of Passengers by Sea in the Event of Accidents (“EU Regulation 392/2009”) and the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (“the Athens Convention 2002”) adopted in the UK on 23 April 2014.
Domestic carriage by sea or where the vessel is a floating hotel in the UK is governed by The Merchant Shipping (Convention Relating to the Carriage of Passengers and their Luggage by Sea) Order 2014 ( “2014 Order”). From 30 December 2016 Domestic carriage by sea will be governed by EU Regulation 392/2009. River cruises are governed by the Merchant Shipping Act 1995.
Carriage by air is governed by the Warsaw Convention 1929 (whether as amended by the Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) and the Montreal Convention 1999 relating to the international carriage of passengers and their luggage by air. The Montreal Convention may be found at: http://www.legislation.gov.uk/uksi/2002/263/contents/made. The Montreal Convention limits liability in case of death or injury to passengers for damages arising under Paragraph 1 of Article 17 not exceeding 113,100 Special Drawing Rights (SDR’s) (equivalent to £104,180.05) for each passenger. Limits liability in relation to delay of baggage in case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the Carrier for each passenger is limited to 4,150 SDR’s (equivalent to £3,995.88) Please note that international conventions limit not only the amount the Company may be liable to pay but also the time within which proceedings against it may be brought. Where there may be no international convention which applies and in the case of loss or damage to personal possessions, luggage or valuables during carriage of any kind is limited to the same amount and in the same manner as that of the actual carrier of whatever kind. No claim for death and or personal injury and or loss of or damage to luggage can be brought against the Company or any carrier otherwise than in accordance with these Conventions and or Regulations in respect of carriage by air and or by sea.
Please also see the important paragraph below headed “Conditions of Carriage”. Where the Athens Convention 2002, EU Regulation 392/2009 or the 2014 Order or the Montreal Conventions do not apply then the Company shall be under no liability to you at all if the failure to perform or improper performance of any contractual obligation is caused by: a) your own fault or the fault of anybody else included in your booking b) the failure is attributed to a third party unconnected with the provision of any services contracted for and is unforeseen or unavoidable, or c) the failure is due to: i) any unusual or unforeseen circumstances beyond our control, the consequence of which could not have been avoided even if all due care had been exercised; or ii) an event which the Company or any supplier of services even with all due care, could not foresee or forestall. iii) if you or any member of your party suffers damage arising out of an activity which does not form part of the holiday arranged through the Company, it will offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided the Company is advised of the incident within 90 days of the occurrence. Where legal action is contemplated the Company’s authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits received under an appropriate insurance policy to the Company. The Company’s costs in respect of the above on behalf of you and your party shall not exceed £5,000 in total. For cruises where the original port of embarkation is in the EU, in the event that the cruise is delayed in departure of one or more nights and you are not on board the ship and have travelled to the port of embarkation for the cruise then in accordance with EU 1177/2010 the Company shall offer passengers adequate accommodation free of charge for a maximum of 3 nights and up to 80 Euros per night per person. The Company shall also provide suitable snacks, meals and refreshments. No payment shall be made unless authorised by The Company in writing. The Company have no obligation to provide such accommodation ashore where the delay is caused by weather conditions, endangering the safe operation of the Ship. The provisions relating to accommodation do not apply after the Cruise has commenced, where the Cruise is cancelled or whether there is a Significant Alteration prior to departure.
19. CONDITIONS OF CARRIAGE AND LIMITS OF LIABILITY:
Travel by air, road or air is governed by the carriers Conditions of Carriage which govern the relationship, responsibilities and liabilities as between you and anyone travelling with you and the carrier. The Conditions of Carriage are binding and you must read them carefully. In respect of any loss or damage to property including luggage which are not covered by any international conventions, and where liability is not limited by reference to any enactment, terms or conditions, then any legal liability that the cruise line may have for any such losses or damage will be limited to £500 per Guest.
International carriage of passengers and their luggage by sea shall be governed by the Athens Convention 2002 mentioned in paragraph 21 and EU Regulation 392/2009, which may be found at: http://www.transportrecht.org/dokumente/AthenProt2002e.pdf and http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF. Domestic sea carriage by sea or use of the ship as a floating hotel in the UK shall be governed by the 2014 Order which applies the Athens Convention 1974 limits. A copy of the Athens Convention 1974 may be viewed at: http://www.admiraltylawguide.com/conven/passengers1974.html. As mentioned in paragraph 21, from 30 December 2016 EU Regulation 392/2009 will apply to domestic carriage by sea in the UK.
Any liability of the Company and the Carrier for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely brought and determined in accordance with the Athens Convention 2002 EU Regulation 392/2009 or where applicable the 2014 Order .
Where the cruise involves domestic carriage by sea or the ship is being used as a float hotel the aggregate liability of the Company and the Carrier for the death of or personal injury to a passenger shall in no event exceed the monetary limitations of 46,666 SDR’s (approx. £42,985.69) as set forth in the Athens Convention 1974. From 30 December 2016 this will increase for domestic seagoing carriage to 400,000 SDR’s (approx. £368,448.47). The maximum liability for international sea going cruises is 400,000 SDR’s per passenger per incident (approx. £368,448.47) or 250,000 SDR’s (approximately £230,280.68).in the case of War and Terrorism pursuant to EU Regulation 392/2009 and the Athens Convention 2002.
Liability for loss of or damage to property (save for medical and mobility equipment which is dealt with in Sections 10 and 11) pursuant to the Athens Conventions and EU Regulation 392/2009 is limited. Cabin luggage is limited to 833 SDR’s under the Athens Convention 1974 and 2014 Order (approx. £767.30) and 2,250 SDR’s (approx. 2,072.53) under the Athens Convention 2002 and EU Regulation 392/2009.
In all cases of carriage by sea luggage is assumed to be delivered without damage unless written notice is given by the passenger within the following periods: (i) In the case of apparent damage before or at the time of disembarkation or redelivery. (ii) In the case of damage which is not apparent or loss of luggage, within 15 days from the disembarkation or delivery or from the date any such delivery should have taken place. Neither the Company nor the Carrier shall not be liable for any loss or damage to luggage that occurs outside the course of carriage including any loss or damage before or after the luggage comes into the Carrier’s actual possession, custody and control, including, but not limited to, where the luggage is in the possession, custody and control of airlines or other transportation services.
The Carrier provides safekeeping for valuables aboard Ship and encourages passengers to deposit any jewellery or other valuables brought aboard the Ship with the Reception Desk staff who will issue a receipt for such valuables. The Carrier provides an in-room personal safe for passenger’s convenience. However, the Carrier shall not be liable for any loss of or damage to money, jewellery, watches, precious stones and metals, securities, financial instruments, tickets and/or other valuables unless they have been delivered to the Reception Desk for safekeeping and a receipt issued in which case the Carrier’s liability is limited in sums set out in the Athens Convention 1974 of 1,200 SDR’s (approx. £1,105.34) and SDR’s 3,375 (approx. £3,108.78) under EU Regulation 392/2009 and the Athens Convention 2002. The use of safes on board is not a deposit with the Ship under the Athens Convention 1974 or 2002 or EU Regulation 392/2009.
Where carriage is performed on Inland waterways and the vessel does not go to sea the liability provisions relating to sea going vessels do not apply to the cruise. In those cases the liability of the Company and the Carrier to Passengers shall be determined in accordance with English law (the Merchant Shipping Act) and The Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 96) as amended by SI 1998/1258, a copy of which will be provided by on request or can be found at (http://www.legislation.gov.uk/uksi/1998/1258/article/4/made). The limits for non-sea going passenger vessels is 175,000 SDR’s per passenger limit (approx. £ 161,196.72). Liability for property claims will be at least 1,000,000 SDR’s (approx. £921,124.11) under SI 1998/1258 (4)(b)(i)).
The Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels, referred to as the “Strasbourg Convention” with protocols and amendments, applies to vessels sailing on waterways located in the territory of a state party subject to (i) the “Revised Convention relating to the Navigation of the Rhine of 17 October 1868” and (ii) the “Convention of 27 October 1956 concerning the canalization of the Moselle” (Article 15(1) of the Strasbourg Convention: http://www.ivr.nl/downloads/forms/B2.pdf). If the Strasbourg Convention applies the limits for passenger claims are 60,000 SDR’s (approx. £55,267.83) per passenger subject to a minimum of 6,000,000 SDR’s (approx. £ 5,526,782.94) (see Article 7).
The Company’s and the carrier’s for death, injury, illness, damage, delay or other loss to person or property of any kind suffered by Passengers shall, in the first instance, be governed by the Convention on Limitation of Liability for Maritime Claims 1996 as amended by SI 1998/1258 or where applicable the Strasbourg Convention. The Company’s liability therefore shall not exceed those limitations provided by the said LLMC 1996 and SI 1998/1258 or where applicable Strasbourg Convention or in any further revisions, protocols and/or amendments thereto as shall become applicable. Where the LLMC 1996 or If applicable Strasbourg Convention permits us to apply a deductible, we may apply that deductible. (The above reference approximate conversion rates are based on exchange rates as of 29 May 2014. SDR’s are a monetary unit of the International Monetary Fund and current exchange rate can be found in major financial newspapers).
In respect of any loss or damage to property including luggage which are not covered by any international conventions, and where liability is not limited by reference to any enactment, terms or conditions, then any legal liability that the Carrier may have for any such losses or damage will be limited to £500 per passenger.
All settlements by the Company or the Carrier will be made on the basis of actual cash value (replacement cost, less depreciation) Claims for damaged items will be settled on the basis of cost of repair. No amount shall be paid in settlement of any claim without proof of the actual cash value, or repair cost, as appropriate, arising from the loss or damage. Such proof must be sent to the Company. The Carriers’ liability must also be proven before any settlement will be paid. You cannot make a double recovery by making a claim against the Company and the Carrier.
Personal belongings lost while unattended in public lounges or other public areas, whether on board the Ship or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, and other acts-of-God are not reimbursable. The Liability of the Company shall not at any time exceed that of any Carrier or Supplier. For the purposes of Regulation 261/2004 on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights the Company is not an operating air carrier and not liable to pay compensation under this Regulation.
20. INDEPENDENT CONTRACTORS LIMIT OF LIABILITY
The Company shall have no obligation or liability of any kind to you or anyone travelling with you for acts or omissions in connection with or arising out of arrangements with independent contractors since they are not agents or employees of the Company. Arrangements with independent contractors include, but are not limited to the following: i) services or products available for your convenience on board the Ship and furnished by barbers, hairdressers, manicurists, masseurs, spa operators, photographers, entertainers, instructors, lecturers and others; ii) services, products or transportation provided elsewhere than on board the Ship which are furnished by others in connection with sightseeing tours, pre-cruise and post-cruise tours, excursions and shore trips, including, but not limited to tender service.
21. SHORE EXCURSIONS
Any problem which may arise during your holiday must be raised immediately with the Purser on board or with the supplier of the service (e.g. airline, hotel etc) and notified to the Company in writing as soon as possible and no later than 35 days from the end of your holiday. If you do not contact the cruise line immediately it will jeopardise your complaint. Complaints pursuant to EU Regulation 1177/2010 must be sent to the Company as soon as possible. The Company will investigate and provide its response within 28 days. If you are not happy with the Company’s final decision then you can refer your complaint to the Cruise Line International Association which is the voluntary complaints body authorised by the Department of Transport to deal with complaints. The email address of Cruise Line International Association for passenger complaints under Regulation 1177/2010 is Passengerrights@cruising.org
23. DATA PROTECTION ACT 2000:
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies, insurers etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give us such as details of disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.) You are entitled to a copy of your information held by us. If you would like to see this please contact us. (We may make a small charge for providing this to you).
24. CUSTOMER PROTECTION:
The Company complies with the bonding requirements of the Civil Aviation Authority. CAA Licence Number ATOL 2980. It is also a member of ABTA Tour Operators Class, Membership number V8548.
We provide full financial protection for our package holidays. For flight based holidays, this is through the Air Travel Organiser’s Licence number 2980. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk. When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by Mundy Cruising with ABTA – number V8548. We will provide you with the services you have bought (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
25. LAW AND JURISDICTION
All disputes and matters howsoever arising between you and the Company shall, except as provided by law, be subject to the laws of England and the English Courts shall have exclusive jurisdiction.
We are a Member of ABTA, membership number V8548. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com