Terms & Conditions
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 – please see www.crystalcruises.co.uk or www.pgcruises.com
The combination of travel services offered to you is a package within the meaning of Directive (EU) 21015/2302. Therefore, you will benefit from all EU rights applying to packages. The Company will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, the Company has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent. Full details are provided in clauses 3 of these Terms and Conditions.
1. 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.
2. FLY/CRUISE PACKAGES:
For most voyages, we have included economy class return flights from a London airport within your cruise package fare. Flights are offered subject to availability, and are limited to specific airlines, airports and often to specific flights.
3. FINANCIAL 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 fight 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.
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.
4. CRUISE ONLY ARRANGEMENTS SOLD BY A THIRD PARTY:
The above financial protection does not cover any cruise or Package travel services as defined under Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements) you have purchase from a third party who has sold it as principal. The principal shall be obliged to provide adequate financial protection for any money paid prior to the cruise or holiday and if the package holiday includes flights for your repatriation in the unlikely event of the third party principal’s insolvency.
5. LAW & 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.
7. TERMS OF THE CONTRACT:
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 and the information contained in our brochures. Although all of the information contained in brochures and online has been described in accordance with the latest information available at the time of printing and publishing, the Company reserves the right to make changes, though any change will be notified to you before you conclude a contract with the Company.
8. BOOKING PROCEDURE & DEPOSIT:
In order to make a booking, please contact your ABTA Travel Agency or the Company. The person making the booking 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. A deposit specified at the time of booking should then be sent to the Company or handed to your ABTA Travel Agent. 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 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 26).
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 on our website or other promotional leaflets may have changed by the time you come to book your holiday. Prices, discounts, supplements and special offers advertised in the brochure or elsewhere may be withdrawn or changed at any time prior to you booking. Prices can go up and down, you are, therefore, advised before booking to check with your travel agent or our reservation department for the most up to date price of your cruise holiday. Discounts and special offers advertised in the brochure or elsewhere are subject to additional terms and conditions and you should read these terms and conditions before booking to ensure that you are well aware of any specific terms or restrictions including any book by dates that may apply to any discounts or special offers. Prices for solo travellers, third berths and children will be confirmed at the time of booking and will differ to published rates unless specified as such.
11. PRICE REVISION:
The Company’s prices are based on known costs and projections at 1 January 2019 and it does not expect to have to make any changes. However, the Company reserves the right to vary prices up or down prices 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 and other power sources 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. The Company reserves the right to impose any of these surcharges and no right of cancellation shall be implied, provided the Company has notified you at least 30 days before the start of the package (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 8% 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. Failure to do so will be taken by the Company that you accept the change in price. The Company shall refund within 14 days from the time the contract is terminated. If you do not wish to cancel the booking, you can accept the proposed price change.
12. PRICE ACCURACY:
Although every effort is made to ensure that the prices shown are correct at the time of publishing, if for some reason a genuine administrative error does occur, we reserve the right to apply the right price and to inform you of this before you book your cruise holiday.
13. WHAT’S INCLUDED AND EXCLUDED IN YOUR CRUISE FARE:
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.
14. PASSPORTS & 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 ee the specific terms on this subject for Crystal Cruises and Paul Gauguin Cruises online at www.crystalcruises.co.uk and www.pgcruises.com respectively.
15. HEALTH REQUIREMENTS & INSURANCE:
Each guest represents and warrants that he or she is physically and otherwise fit to travel on the voyage. 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.
17. MEDICAL FACILITIES / TREATMENT ONBOARD 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.
19. DISABLED PASSENGERS OR PASSEMGERS WITH REDUCED MOBILITY:
You are asked to provide full details at the time of booking if you or any person travelling in your booking has reduced mobility in order that the Company can consider whether the cruise holiday and any shore excursion is generally suitable for persons with reduced mobility.
“Disabled Person” or “Disabled” or “Disability” means any physical or psychiatric disability or other medical condition which affects the Guest’s health and or ability to participate in the Cruise.
“Person with Reduced Mobility” means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary) intellectual or psychosocial disability or impairment, or any other cause of disability, as a result of age, and whose situation needs appropriate attention and adaption to his particular needs the service made available to all Guests.
The Company and the relevant cruise lines priority is always the comfort and safety of its passengers as well as complying with the strict legal requirements of the law relating to safety of life at sea. In order to achieve these objectives, any passengers with a disability or reduced mobility must at the time of booking and before boarding to provide as much detail as possible of the matters given below to the Company/your ABTA Travel Agent/ Paul Gauguin Cruises so that the Carrier can consider its obligation to carry the passenger in a safe and operationally feasible manner, taking into account any issues relating to the design and facilities of the ship or port infrastructure and equipment including port terminals which may make it impossible to carry out the embarkation, disembarkation or carriage which may therefore have an impact on the passenger’s safety and comfort.
You are asked to provide full details if you or anyone travelling with you is unwell, infirm, Disabled or has Reduced Mobility prior to Carriage. You/they are also asked to provide full details:
- If the Passenger requires a Disabled cabin. The cruise Ships have a limited number of such accessible staterooms available on a “first come first serve” basis.
- If the Passenger has any special seating requirements.
- If the Passenger has need to bring any electrical or other medical equipment on board.
- If the Passenger needs to bring a recognised assistance dog on board the vessel. Please note that assistance dogs may be subject to national certificate regulations. An assistance dog must provide a physical service to the guest in order to qualify as an assistance dog.
If you or anyone travelling with you has any particular medical conditions, Disability or Reduced Mobility which require personal care or supervision then such personal care or supervision must be organised by you/them and at your/their expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of specialised care for physical or psychiatric or other conditions.
If you or any person travelling with you become aware between the date of booking the cruise and the date of commencement of the cruise that you/they will require special care or assistance as detailed above then you/they are asked to inform the Company and/or the Carrier immediately so that the Carrier can make an informed assessment whether or not you/they can be carried in a safe and operationally feasible manner. If after careful assessment of your or any person travelling with you their specific needs and requirements, the Company or cruise line conclude that you/they cannot be carried safely and in accordance with applicable safety requirements then the Company can refuse to accept a booking or the cruise line can refuse embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety. In those circumstances you will be entitled to request that the Company or the cruise line provide the reasons to you in writing within 5 working days. See also Complaints in section below.
Some ports of call are anchorage ports which require the use of tenders or other forms of small craft to go ashore. Passengers who are Disabled and or have Reduced Mobility may have difficulty in safely using the tender or small craft and must not therefore do so. In the event of any Disabled passenger or Person with Reduced Mobility seeking to use the tender or small craft when it is not safe to do so then the officer in charge of the operation and or the Captain of the Ship can refuse to allow the Passenger to use the tender on the grounds of safety. Guests are required to volunteer any Disability or Reduced Mobility which may affect their ability to embark/disembark the ship by any means to the officer in charge of tender operations.
Any Passenger in your booking confined to a wheelchair is asked to furnish their own standard size collapsible wheelchair and the Passenger must also be accompanied by a travelling Passenger fit and able to assist them. Wheelchairs and scooters must not be more than 22’ in width. In order to comply with Safety of Life at Sea and other Regulations each cabin is limited to two pieces of medical and or mobility equipment to a combined total value of 2250 SDRs (approx £2158.50). The Carrier can give permission in writing to allow these limits to be exceeded. The Carrier’s assessment will be based on safety and reasonableness. Wheelchairs and walkers cannot be carried on tour buses due to space limitations. Passengers in wheelchairs will not be manually handled or carried by crew or contractors at any time into tenders, on ramps, transportation of any kind. This is a significant health and safety risk for the Passenger and the individuals. Please note that third party facilities ashore such as restaurants, hotels and other tourist providers may not be able to cater for wheelchair users.
20. PETS AND SERVICE DOGS:
21. SPECIAL DIETS AND REQUESTS:
Weapons, ammunition, explosives, substances that are hazardous, disabling, or illegal, or any other article that in the opinion of the Master 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.
The Carrier endeavours at all times to exercise reasonable care for comfort and safety on board its Ships of all Passengers. The Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime, or other potential sources of harm. The Carrier reminds all Passengers that they must ultimately assume responsibility for the activities while ashore and for their other travel choices.
23. 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.
Our flight programme is subject to supplements as applicable at time of booking. Supplements for flight upgrades may be available at time of booking.
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by advising you of the carriers to be used or likely to be used at the time of booking. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change.
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.
24. 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 PGC. Some components may have different refund and/or cancellation policies and penalties and, if so, these will be explained at time of booking.
You have the right to cancel the holiday contract before the start of the holiday without paying any cancellation fee in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the holiday, or which significantly affect your carriage to the destination. In such circumstances you shall be entitled to a full refund or any payments made for the holiday, but shall not be entitled to additional compensation. This may cover for example warfare, other serious security problems such as terrorism, risk to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the package travel contract.
25. ALTERATIONS BY THE COMPANY:
Arrangements for the holidays are made many months in advance by the Company.
Occasionally for some reasons of unavoidable and extraordinary circumstances beyond the control of the Company the consequences of which could not have been avoided even if all reasonable measures could have been taken 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.
‘unavoidable and extraordinary circumstances’ means weather conditions, deviation of the Ship due to emergency medical condition(s) and or obligation to save other ship(s), property or individual(s) or life at sea or other emergency unavoidable and extraordinary circumstances beyond Paul Gauguin’s control, any act of God, war or warlike operations strike, lockout or labour difficulties or shortages, civil commotion, lockout or labour difficulties, riot, insurrection, war, government restraint, requisitioning of the vessel, political disturbance, , interference by authorities, requisitioning of the Ship, acts or threats of terrorism, perils of the sea, inability to secure or failure of suppliers, including fuel, port services or any other unavoidable and extraordinary circumstances beyond the control of the Carrier. Explosion, fire, collision, stranding or floundering of the vessel or breakdown or failure of or damage to the vessel or its hull or machinery or fittings or other technical issues which are not the fault of the Carrier.
The Company shall not be liable for alteration or cancellation as a result of such events which are (i) attributable to a third party unconnected with the provision of the cruise or (ii) which are extraordinary and unavoidable or (iii) are due to unusual and unforeseen circumstances beyond the control of the Company, which could not have been avoided with due care or the Company could not have foreseen or forestalled.
The Company may also cancel your holiday contract and give a full refund to you for any payments made for the holiday, without paying any additional compensation if : The number of Passengers booked do not meet the minimum numbers required for the cruise to depart on its itinerary and the Company notifies you of the cancellation of the holiday contract no later than:-
20 days before the start of the holiday in the case of trips lasting more than 6 days
7 days before the start of the holiday in the case of trips lasting between 2 and 6 days
48 hours before the start of the holiday in the case of trips lasting less than 2 days
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:
- Cancelling and receiving a full refund or any monies paid; or
- accepting the alteration; or
- 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..
The Company shall refund any money paid by you within 14 days from the time the contract is at an end.
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:
- an extraordinary and unavoidable event, the consequences of which could not have been avoided even if all due care had been exercised.
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 to 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 unavoidable and extraordinary circumstance, or is not at fault. The Carrier cannot guarantee due to any extraordinary and unavoidable circumstance that the Cruise will call at every port on the itinerary or follow every part of the advertised route or schedule. Cancellation in these circumstances of part of the itinerary, substitution of ports or unavailability of some services on board the vessel will not amount to a significant alteration.
26. GUEST AMENDMENTS:
You may transfer your holiday contract to another person who can comply with all the terms of the contract, provided the Company is given 7 days’ notice in writing before the start of the holiday.
Where the Company agrees to the transfer, both you and the substituted Passenger shall be jointly and severally liable for the payment of any balance due and for any reasonable additional fees, charges or other costs arising from the transfer.
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 24
27. 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 £103,400.99) for each Passenger and 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 £3,794.11). 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.
Under EU Regulation 261/2004 you have rights in some circumstances to a refund and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us. If your airline does not comply with these rules you should complain to the CAA’s Passenger Advice and Complaints Team (PACT) on 020 7453 6888 or visit www.caa.co.uk.
Please also see the important paragraph below headed “Conditions of Carriage”.
- 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, the Company 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 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 where available 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.
28. CONDITIONS OF CARRIAGE AND LIMITS OF LIABILITY:
Travel by sea, 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 Paul Gauguin 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://eur- lex.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.
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. £42,664.11) 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. £365,697.57). The maximum liability for international sea going cruises is 400,000 SDR’s per Passenger per incident (approx. £365,697.57) or 250,000 SDR’s (approximately £228,560.98).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 19 and 21) 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.
£761.57) and 2,250 SDR’s (approx. 2,057.05) 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:
- In the case of apparent damage before or at the time of disembarkation or
- 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.
£1,097.09) and SDR’s 3,375 (approx. £3,085.57) 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. £ 159,992.69). Liability for property claims will be at least 1,000,000 SDR’s (approx. £914,243.92) 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. £54,854.64) per Passenger subject to a minimum of 6,000,000 SDR’s (approx. £ 5,485,463.52) (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.
These liability provisions apply to all Passengers and the relevant provisions of EU392/2009 shall apply to all cruises sold or where the cruise begins or ends in the EU even if the country in which the Cruise was purchased is not a signatory. In all other countries the provisions of the Athens Convention 1974 shall apply. This includes US Guests whose cruise does not begin or end or call at any US port.
29. 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 or Concessionaires since they are not agents or employees of the Company. Arrangements with independent contractors include, but are not limited to the following:
- Goods or services sold in retail outlets on board the Ship, 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;
- 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 Tours, including pre-cruise, post-cruise and other shore excursions, including hotels, restaurants and transportation, whether by vessel, air, rail, land or other means, not owned or operated by the Carrier and, are not under the operation or control of the Carrier and the Carrier makes no representation of any kind as to them, and takes no responsibility for them, even if, as a convenience to Passengers, the Carrier provides an escort. The Carrier takes no responsibility for air or other transportation under any circumstances. Passengers must assume responsibility for their actions while ashore and for their participation in shore activities.
The Passengers shall have no right to any refund and the Carrier shall have no obligation or liability of any kind to the Passenger for acts or omissions in connection with or arising out of arrangements with independent contractors or Concessionaires since they are not agents or employees of the Company or the Carrier. The independent contractors shall be entitled to charge for any products sold, services rendered or transportation provided to the Passenger either directly or, as a convenience to Passengers, through the Carrier, for which services the Carrier is entitled to impose a charge and earn a profit. Refunds will not be given for partially used services. No refund will be made for missed hotel nights or other program features due to airline delays or other factors beyond the control of the Company or the relevant Carrier.
Each Passenger agrees that all rights, exemptions from liability, defences and immunities of whatsoever nature referred to in the Ticket applicable to the Carrier and the Ship, shall in all respects inure also for the benefit of any servant, agent or independent contractor of the Carrier acting in the course of or in connection with their employment so that in no circumstances shall any such servant, agent or independent contractor as the result of so acting be under any liability to any such Passenger different from that of the Carrier, and for purposes of the agreement contained in this section, the Carrier is or shall be deemed to be acting on behalf of and for the benefit of all persons who are or may be its servants, agents or independent contractors from time to time and all such persons shall to this extent be or be deemed to be parties to the Contract contained in or evidenced by the Ticket.
30. SHORE EXCURSIONS:
The Company accepts responsibility for providing all the elements of the advertised cruise but if it fails to provide what has been booked, you must inform the Company or its representative without undue delay if you consider that any of the services under the cruise holiday contract has not been performed in accordance with the terms of the contract. Failure by you to notify the Company or its representative may be taken into account when determining any price reduction or compensation for damages where such notice would have avoided or reduced the damage.
The Company shall remedy any lack of performance of the services under the cruise holiday contract raised by you unless: It is impossible to do so, or will incur disproportionate costs, taking into account the extent of the any lack of performance and the value of the contractual service affected.
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 Company immediately it will jeopardise your complaint.
A Complaint 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
32. DATA PROTECTION:
In order to process the Passengers booking and to ensure that the Passengers travel arrangements run smoothly and that the Company comply with its legal obligations to perform its holiday contract with the Passengers the Company requires the Passenger to provide personal data relating to all persons travelling on the booking, including children (data subjects). The Company shall collect such personal data in accordance with its privacy and data protection policies [www.cruiseportfolio.co.uk] in accordance with relevant data protection laws including Regulation (EU) 2016/679 which applies from 25 May 2018.
Personal data means any data relating to the data subject, such as name, e-mail, postal address, date of birth, nationality, passport or ID number, bank or credit card details, biometric data for the purpose of uniquely identifying the Passengers, data concerning health for the purposes of monitoring and alert purposes, the prevention or control of communicable diseases and other serious threats to health, including any special needs/dietary requirements, name and communication details of a person to contact in case of an emergency Special category of data includes racial or ethnic origin and religious beliefs.
In accordance with its policies the Company shall only seek such personal data as is necessary to comply with its legal obligations (for example immigration and governmental requests) or to perform its contract with the Passengers safely which includes information relating to medical conditions, reduced mobility or any disability which may be relevant to providing appropriate facilities and or assistance or assessing whether the holiday or any element provided is safe and suitable. Such personal data the Passengers shall provide to the Company may be stored, used, disclosed by transmission or otherwise made available to other suppliers or third parties in order to enable the Company to perform different parts of its contract with the Passengers. The Company will only process any data about the Passengers that is relevant and necessary and where the Company is required to pass the information on to the relevant suppliers of the Passengers travel arrangements such as airlines, hotels, transport companies covering various components of the Passengers holiday with the Company. The Passengers personal data may be required and provided to security or credit checking companies, public authorities such as customs/immigration or as required by law.
The Company will take full responsibility for ensuring that proper security measures are in place to protect the passengers personal data, including the security measures of any company or person processing the passengers personal data on the Company’s behalf. Additionally, where the passengers holiday is outside the European Union (EU), controls on data protection in the Passengers destination may not be as strong as the legal requirements in the EU. However the Company will only transfer the Passengers personal data to a third country or an international organisation only if the third country or international organisation processing the Passengers personal data has provided appropriate safeguards, and on condition that the Passengers rights and legal remedies in respect of his/her data are available.
The Company will not pass any of the Passengers personal/special category data onto any person who is not responsible for any part of the Passengers travel arrangements and the request for the personal/ special category data is not necessary for the performance of the Passengers contract with the Company. The Company will retain the passengers personal data in its archived system for up to 7 years from the last use of such personal data to allow the Company to comply with its legal obligations relating to the bookings and for the additional purpose of defending any legal action brought against the Company in relation to the passengers contract with the Company. The Company will only keep the passengers personal data for as long as it is necessary or is required by law.
The Passenger is entitled to seek access to personal data held by the Company in accordance with the Company’s policies and to ask the Company to rectify any inaccurate personal data concerning the Passenger or to delete sensitive data subject to the policy and any legal basis on which the Company may object. Passengers may obtain a copy of the personal information held about himself/herself by contacting firstname.lastname@example.org
19.3 It is the Passenger’s responsibility to make sure that information which we hold about the Passenger is up to date and accurate. Failure to do so will be a breach of the Terms.