Contract of carriage for your cruise
ATHENS CONVENTION
1. The contract of carriage for your cruise is made between Marella Cruises, a trading name of TUI UK Limited, the carrier, and each individual person named on your holiday booking. TUI UK Limited is a member of the TUI group. Registered office. Wigmore House, Wigmore Lane, Luton, LU2 9TN. Registered in England No: 2830117. ATOL No: 2524. ABTA No: V5126.
2. Carriage on your cruise is subject to the terms and provisions of the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea 1974 ("the Athens Convention",) the London Convention of Limitation on Liability for Maritime Claims 1976 ("the London Convention"), and Regulation (EC) 392/2009 on the liability of carriers of passengers by sea in the event of accidents ("the Regulation”), copies of which are available on request from the carrier.
The carrier shall be considered to be a ship owner for the purposes of the London Convention and any liability of the Carrier shall be limited by the provisions of that Convention.
3. The Athens Convention and the Regulation in most cases limits the liability of the carrier and/or shipowner) for death and personal injury and for loss of and damage to luggage (including vehicle) or loss of or damage to specific/mobility equipment for Passengers with Reduced Mobility and makes special provision for valuables. The Athens Convention presumes that luggage has been delivered undamaged to the passenger unless written notice is given to the Carrier either (i) in the case of obvious damage, before or at the time of leaving the ship or when the luggage is returned to the passenger, and (ii) in the case of damage which is not obvious or if the luggage, or part of it, is lost, within 15 days from the date of leaving the ship or from when the luggage was (or should have been) returned to the passenger.
4. Any damages payable by the carrier and/or the shipowner) up to the limits provided by the Athens Convention shall be reduced by the maximum deductible specified in Article 8.4 of that Convention.
5. In no circumstances shall the carrier and/or the shipowner) be liable in respect of consequential loss and damage, detention, delay or over-carriage, howsoever caused.
6. In the event of death or personal injury for which compensation is payable by the carrier, the carrier may make an advance payment up to the limits provided by and in accordance with the Regulation.
7. At any time prior to the commencement of your cruise (before your cruise begins), the carrier shall be entitled to cancel the cruise if it reasonably believes that such a decision is justified on operational or other grounds. If this should happen, the carrier's booking terms and conditions (available at www.tui.co.uk), which are applicable to your booking shall have effect in relation to such cancellation.
8. The carrier does not guarantee that your cruise ship will call at every advertised port or follow every part of the advertised itinerary. The carrier, and/or the Master of the Ship reserve the absolute right to decide whether to omit any port, whether to call at additional ports and whether to vary the advertised itinerary. Any change to your itinerary made as a result is subject to the booking terms and conditions mentioned above.
9. These conditions of cruising shall be governed by English law. If any claim brought by a passenger is subject wholly or partly to the Athens Convention, it may be brought in any Court, and within the time period, specified by the Convention. Otherwise, any claim must be notified to TUI UK Limited in writing within 28 days of return, in accordance with the booking terms and conditions mentioned above.
10. No Agent, employee or representative of the carrier or of the ship owner has authority to change of waive any of these Conditions or part of them.
.
.