Cruise Conditions of Carriage
If you book a cruise with Marella Cruises, the below Conditions of Carriage will be applicable to your booking and the Carrier will be Marella Cruises Limited.
Conditions of Carriage of passengers and their luggage
These Conditions of Carriage govern the relationship, responsibilities and liabilities as between the Passenger and the Carrier and are BINDING WHETHER YOU HAVE READ THEM OR NOT. These Conditions are incorporated into the Passenger’s Contract with the Organiser.
Non-Transferability
The Carrier agrees to carry the person(s) named in the Passage Contract issued by the Organiser on the date and vessel and cabin type indicated, or any substitute vessel or cabin type as it may decide.
1. Definitions
“Athens Convention” means the convention relating to the Carriage of Passengers and their Luggage by Sea as it is in force for the time being, taking account of any amendment, extension, or re-enactment from time to time.
“Carrier" means the owner or any charterer, or operator of the Vessel or any other person, to the extent that it acts as carrier or performing carrier (in accordance with the definition provided in the Athens Convention).
“Child/Children’’ means any Passenger under the age of 18 years on the date of outward travel.
“Conditions of Carriage’’ means these conditions of carriage of the Carrier. The Passage Contract incorporates the Conditions of Carriage as express terms.
“Disabled Person or 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 disability or impairment, or any other cause of disability, or as a result of age, and whose situation needs appropriate attention and adaptation to his particular needs of the service made available to all passengers.
“Luggage” means any property belonging to or carried by any Passenger, including baggage, packages, suitcases, trunks, effects, articles, cabin luggage, hand luggage, articles worn by or carried by the Passenger, or deposited with the purser for safe custody, vehicles and any other property whatsoever.
The “Master’’ is the Captain or person in charge of and commanding the Vessel at any given point.
“Organiser” means the party with which the Passenger has entered into a Passage Contract for the cruise and/or a Package as defined under the Package Travel, Package Holidays and Package Tours Regulations 1992 or other relevant legislation or regulations.
"Passenger" means any person or persons, including Children, named on the relevant Passage Contract or who sail on the Vessel.
"Passage Contract" means the contract between the Passenger and the Organiser.
"Regulation 392/2009" means the EU Regulation 392/2009 of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents.
“Shore Excursion’’ means any excursion offered for sale for which a separate charge is payable whether booked prior to commencement of the cruise or on-board the Vessel.
"Vessel" means the vessel named in the relevant Passage Contract or any substituted vessel owned or chartered or operated or controlled by the Carrier.
2. Headings
In these conditions headings are for convenience only and are not to be used as an aid to construction.
3. Liability for Death, Injury and/or Loss of or Damage to Luggage
3.1. The liability (if any) of the Carrier for death and/or personal injury to Passengers and/or the loss of or damage to Luggage during the passage shall be determined in accordance with the Athens Convention.
3.2. The provisions of The Athens Convention are hereby expressly incorporated into the Conditions of Carriage. A copy of the Athens Convention is available on request. It is presumed under the Athens Convention that the Carrier has delivered Luggage undamaged to a Passenger 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 and such redelivery should have taken place.
3.3. The Carrier is not liable for loss of or damage to cash, negotiable security, jewellery, ornaments, tools of trade, computers, works of art or any other valuables unless deposited with the Carrier specifically for the purposes of safekeeping. In those circumstances the Carrier’s liability will still be limited to the amounts payable under The Athens Convention. Safe deposits in cabins are not deposits with the Carrier.
4. Limitation of Liability
4.1. Limits of Liability
The liability of the Carrier, his servants and/or agents shall, subject to any deductibles, be limited by virtue of the Athens Convention and/or the Regulation 392/2009 as applicable in respect of death and/or personal injury to the limits specified therein.
4.2. Fault/Neglect
The Carrier will only be liable in relation to death or personal injury and/or loss or damage to luggage in the event that the Carrier and/or its servants or agents are guilty of “fault or neglect” as required by Article 3 of The Athens Convention or as set out in Regulation 392/2009 in respect of a shipping incident.
4.3. Contributory Negligence
Any damages payable by the Carrier shall be reduced in proportion to any fault or neglect by the Passenger as provided in Article 6 of the Athens Convention.
4.4. Global Limitation of Liability
In addition, the Carrier shall have the full benefit of any applicable laws providing for limitation and/or exoneration of liability (including without limitation, the laws of the Vessel’s flag in respect of liability and/or the global limitation on damages recoverable from the Carrier) and nothing in these Conditions of Carriage is intended to operate to limit or deprive the Carrier of any such statutory or otherwise limitation or exoneration of liability. The servants and/or agents of the Carrier shall have the full benefit of all such provisions relating to the limitation of liability.
4.5. Period of Liability of Carrier
The responsibility of the Carrier is limited to the period(s) while the Passenger and/or his or her Luggage are on-board the Vessel and/or any tenders and/or property owned or being operated by the Carrier.
4.6. Time Limits
The time in which a claim may be brought under the Convention is limited to a period of 2 years from the date of disembarkation and/or as set out in Article 16 of the Athens Convention. The time limits for providing written notice of and filing all other claims is governed by the provisions of clause 7, below.
5. Potential non-applicability of exemptions etc
Without prejudice to the provisions of clauses 3 and 4, if any claim is brought against the Carrier in any jurisdiction where the applicable exemptions and limitations incorporated in these Conditions of Carriage are held to be legally unenforceable, then the Carrier shall not be liable for death, injury, illness, damage, delay or other loss or detriment to person or property arising out of any cause of whatsoever nature not shown to have been caused by the Carrier's own negligence and or fault and neglect.
6. Independent sub-contractors
6.1. The Carrier is not liable for any acts or omissions of any kind of any independent sub-contractors or concessionaires on-board the Vessel and/or ashore, including but not limited to airlines and land transportation companies.
6.2. The Vessel carries on-board service providers who operate as independent contractors. Their services and products are charged independently. The Carrier is not responsible for their performance or products. These contractors may include but are not limited to, doctor, medical personnel, hairdresser, manicurist, masseuse, photographer, entertainer, fitness instructors, spa personnel, beauticians, internet/I.T. personnel or other instructional concessionaires, art or other auctioneers, shopkeepers and others providing services. These contractors work directly for the Passenger when performing their services. The carrier is not responsible for any such person's acts or omissions in providing goods or services to the Passenger.
6.3. The independent contractors do not at any time act as agents or representatives of the Carrier. The Carrier does not own or control any such independent contractors, makes no representation of any kind as to their performance and does not undertake to supervise their activities. Any Passenger using such services or activities shall be entering into a contract with the independent contractor or concessionaire and shall be deemed to agree and consent that any liability for any death, personal injury, illness, emotional distress, mental suffering or psychological injury to the guest or loss of or damage to property shall be the sole responsibility of the provider of such service or activity. The Carrier shall not be or become liable or responsible in any way for any act or omission of any such provider in connection with such services or activities.
7. Submission of claims
Claims or complaints should be notified to the Carrier in writing within six months from the date on which the claim or cause of complaint arose. Any suit or action must be brought within the applicable limitation period (with the exception of claims brought under the Athens Convention which shall be brought within a two-year period specified in Article 16 of the Athens Convention).
8. Shore Excursions
These Conditions of Carriage including but not limited to the provisions on limitation of liability are applicable to any Shore Excursions purchased from and/or provided by the Carrier.
9. Pregnancy
9.1. Women can cruise onboard our ships up to the 24th week of pregnancy without restriction. If you will be more than 24 weeks pregnant at the end of your cruise then you will not be able to sail. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are not satisfied that the Passenger will be safe during the passage.
9.2. Pregnant passengers are referred to the clause headed “Medical Treatment” for information regarding the medical facilities on-board.
9.3. The ship’s doctor is not qualified to deliver babies or to offer pre or post natal treatment and no responsibility is accepted by the Carrier in respect of the inability to provide such services or equipment. The Passenger acknowledges and understands that travel by sea involves certain inherent risks, that medical evacuation or disembarkation may be delayed or impossible depending on the Vessel’s location and current weather and sea conditions, and that medical facilities in nearby ports may be limited or non existent.
10. Fitness to Travel – Health and Safety
10.1. The Passenger is responsible for checking with government authorities in all countries on the Vessel’s itinerary in order to determine any vaccination requirements, required health certificates or visas, and health and safety warnings applicable to ports. The Carrier assumes no responsibility for informing Passengers of these matters.
10.2. If it appears to the Carrier, the Master or the ship’s physician that a Passenger is for any reason whatsoever unfit to travel or likely to endanger his/her health or safety or endanger the health or safety of others on-board or feels a Passenger is likely to be refused permission to land at any port or to render the Carrier liable for his/her maintenance, support or repatriation, then the Carrier and/or the Master shall be entitled at any time to take any of the following courses as appear appropriate to them as without any liability namely: i. Refuse to embark the Passenger at any particular port. ii. Disembark the Passenger at any port. iii. Transfer the Passenger from one berth to another. iv. Confine the Passenger to a cabin or to the ship’s hospital or other appropriate place on the Vessel. v. Request the Passenger to remain in the cabin where gastro-intestinal or other contagious illness is diagnosed vi. Administer first aid and/or medical treatment and/or administer any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port, provided that either the Master or ship’s physician in their sole discretion considers necessary or appropriate that any such steps are necessary.
10.3. Any Passenger who embarks, or allows any other Passenger for whom he or she is responsible to embark, when he or she or such other Passenger is suffering from any sickness, illness or disease, or to his or her knowledge has been exposed to any infection or contagious disease, or for any other reason is likely to impair the health and safety of other persons on-board, or for any reason is refused permission to land at his or her port of destination, shall be responsible for any loss or expense incurred by the Carrier, or the Master, directly or indirectly in consequence of such sickness, disease, injury, illness, exposure or refusal or permission to land, unless, in the case of sickness, disease, injury, illness or exposure, the same has been declared in writing to the Carrier or the Master, before embarkation and the consent in writing of the Carrier or the Master, to such embarkation has been obtained.
10.4. For reasons of health and safety the Carrier and/or the Organiser and/or health authorities in any port shall be entitled to administer a public health questionnaire. The Passenger shall supply accurate information regarding symptoms of any illness, including but not limited to, gastrointestinal illness. The Carrier may deny boarding to any passenger that it considers in its sole discretion to have any symptoms of any illness including viral and/or bacterial illness. Refusal by a Passenger to complete the questionnaire may result in denied boarding.
10.5. Where a Passenger is diagnosed by the Vessel’s doctor with viral or bacterial illness, the Carrier may require the Passenger to remain in his/ her cabin for reasons of health and safety. Refusal to do so may result in disembarkation where the doctor and/or Master consider this to be a real threat to health and safety of those on-board the Vessel.
10.6. Where a Passenger is denied boarding and/ or is disembarked and/or confined to his/ her cabin as a result of health and or fitness to travel, the Carrier shall not be liable for any loss or damage or expense occasioned to the Passenger thereby, nor will the Passenger be entitled to compensation from the Carrier.
11. Disabled Persons or Persons with Reduced Mobility
11.1. Disabled Persons or Persons With Reduced Mobility are required to provide as much information to the Organiser at the time of booking to ensure their safety and comfort on the Vessel. The Vessel has a limited number of cabins equipped for Disabled Persons or Persons With Reduced Mobility. Not all areas of or equipment on the Vessel are accessible to Disabled Persons or Persons With Reduced Mobility or suitable for access to Disabled Persons or Persons With Reduced Mobility.
11.2. Passengers who need assistance and/or have special requests or need special facilities or equipment should notify the Organiser at the time of booking and in any event at the latest 48 hours before the assistance is needed. Where no notification is made, the Carrier shall use reasonable endeavours to provide assistance or meet special requests but this cannot be guaranteed and it may not be possible for the Passengers to travel.
11.3. Those Passengers confined to wheelchairs must furnish their own wheelchairs. The ship’s wheelchairs are available for emergency use only. Passengers who require specific mobility equipment, including but not limited to hoists, dialysis equipment etc. must supply this equipment themselves, and notify the Carrier at the time of booking and in any event at the latest 48 hours before boarding. All mobility equipment must normally be stored in the Passenger’s cabin. The Carrier may require further information to ensure that the equipment can be safely carried on-board and operated on-board the ship. The Carrier reserves the right to refuse to carry the equipment if it is not deemed safe to do so, or to insist that a specific cabin location or category is booked to ensure that it is safe to store any such equipment.
11.4. The Carrier reserves the right to limit the number of Disabled Persons or Persons With Reduced Mobility that may be carried on-board the ship to ensure that if evacuation is necessary this can be performed safely for all Passengers on-board.
11.5. Disembarkation at certain ports will be unavailable to persons confined to wheelchairs because of either or both (a) transfer by ships tender or (b) inability to dock on a level quay.
11.6. Certain Shore Excursions will be unavailable to persons confined to wheelchairs because of the design of coaches and the type of attractions visited.
11.7. The Carrier reserves the right to require an accompanying person for any Disabled Person or Person With Reduced Mobility who is unable to meet self-reliance requirements. The Carrier reserves the right in rare circumstances to refuse a booking for a Disabled Person or Person with Reduced Mobility where due to their specific circumstances it is not considered that they can be safely carried on-board.
11.8. Disabled Persons or Persons with Reduced Mobility are referred to the clause headed “Medical Treatment” for information regarding the medical facilities on-board.
12. Charges for Medical Attention etc
12.1. All health, medical or other special or personal services provided by the Vessel will be charged to the Passenger.
12.2. In the event that medical attendance of any kind or ambulance assistance (whether on shore, at sea or by air) is required and is provided or ordered by the Carrier or the Master or the physician on call (if any), the Passenger concerned shall be liable for the full charge or cost thereof and the Passenger shall fully indemnify the Carrier upon first demand for any costs incurred by the Carrier, its servants or agents.
12.3. Passengers who by reason of illness or through any other cause require special or extra accommodation, or special or extra attention, in the course of the voyage, and not originally provided for, will be charged accordingly for the same.
13. Medical Treatment
13.1. The Passenger acknowledges that whilst there is a qualified doctor on-board it is the Passenger’s obligation and responsibility to seek medical assistance if necessary during the cruise.
13.2. The ship’s doctor is not a specialist and the ship’s medical centre is not required to be and is not equipped to the same standards as a land based hospital. The medical centre is not designed for the treatment of on-going medical conditions and Passengers are responsible for bringing adequate supplies of medication aboard with them. The Vessel carries medical supplies and equipment in accordance with its flag state requirements. Neither the Carrier nor the doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result. The Carrier does not supervise or control the ship’s physician or shipboard medical staff in their medical treatment of Passengers and shall not be liable for any act or omission of the ship’s physician or shipboard medical personnel.
13.3. In the event of illness or accident Passengers may have to be landed ashore by the Carrier and/or Master for medical treatment. The Carrier makes no representations regarding the quality of medical treatment at any port of call or at the place at which the Passenger is landed. Passengers are advised to take out insurance covering medical treatment and emergency air ambulance or other repatriation. The Carrier accepts no responsibility whatsoever in relation to medical facilities provided ashore. Medical facilities and standards vary from port to port.
14. Medical Equipment
14.1. Passengers who intend to bring medical equipment onboard are responsible for arranging delivery of their equipment to the docks prior to departure. All medical equipment should be stored in the Passenger's cabin, however, the Master or any other officer or agent may require any Passenger to store medical equipment elsewhere on the ship.
14.2. Passengers must notify the Organiser at the time of booking if they need to have medical equipment onboard, to ensure that the medical equipment can be carried safely by the Carrier.
14.3. Passengers must ensure that all medical equipment is in good working order and arrange enough equipment and supplies to last the entire voyage. The ship does not carry any replacement equipment and access to shore-side care and equipment may be difficult and expensive. Save where the Carrier agrees in writing each Passenger is limited to two items of medical equipment or a total value of €5,000.
14.4. Passengers must be able to operate all equipment. If there are any particular conditions which require personal care or supervision then such personal care or supervision must be organised by the Passenger and at the Passenger's expense. The vessel is unable to provide respite services, one to one personal care or supervision or any other form of carer for physical or psychiatric or other conditions.
15. Children
15.1. The Carrier does not accept unaccompanied Children and Children will not be allowed to embark unless they are accompanied by a parent or guardian. Children on-board should be supervised by a parent or guardian at all times, and are welcome at activities on-board or on Shore Excursions provided that a parent or guardian is present. Children cannot remain on-board if their parent(s) or guardian go(es) ashore.
15.2. The Vessel’s casino is subject to flag state gambling laws. No Children are allowed to gamble in the casino. In addition Children may be excluded from other areas of the Vessel or facilities on-board designated for adults only.
15.3. In the interests of preventing Children gambling and for the comfort and enjoyment of adult Passengers, Children are not allowed in the casino areas when the casino is open.
15.4. Every adult Passenger travelling with any Child shall be responsible for the conduct and behaviour of the Child, and shall be responsible for ensuring Children do not purchase or consume alcohol and shall be liable to the Carrier and shall reimburse it for loss, damage or delay sustained by the Carrier because of any act or omission of the Child.
15.5. Due to public health regulations, children in nappies (including swim and pull-up nappies), or children who are not completely toilet trained are not permitted in any of the onboard pools. 15.6. Children are subject to all the terms contained in these Conditions of Carriage.
16. Conduct
16.1. The Passenger agrees to abide by the Carrier’s rules and regulations and all orders and directions of the Master and the Vessel’s officers. At all times the decision of the Carrier’s representative will be final on all matters including but not limited to those likely to endanger the safety and well being of the Vessel and her Passengers and crew. By booking with the Organiser, the Passengers agree to abide by the authority of the Carrier’s representative. The Passengers must at all times strictly comply with the laws, customs, and regulations of all countries visited including but not limited to those relating to foreign exchange and drugs. Should the Passenger fail to comply with the above or commit any illegal act when on the cruise, cause damage to the Vessel, property of the Carrier or any third party, or, if in the opinion of the Carrier’s representative, the Passengers’ behaviour is disruptive, threatening or abusive or is causing or is likely to cause danger or distress to others, the Carrier may terminate that Passenger’s travel arrangements without any liability on the Carrier’s part and the Passenger will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements. Passengers will be responsible for their own return home and for any other members of their party who cannot or will not travel without the Passenger.
16.2. The Passenger must report all illnesses and/or accidents in which he/she is involved or witnesses on-board the Vessel, the gangway and/or its tenders to an officer of the Carrier immediately and shall complete all necessary documents and provide such statements or assistance to the Vessel’s officers as may be requested by them and/or any enforcing authorities and/or government agencies. The Carrier shall be under no liability whatsoever in respect of any claim for illness or injury, which was not reported by the Passenger to an officer while on-board the Vessel.
16.3. The Passenger will repay to the Carrier on demand any costs, claims, damages, fines, penalties, duties, or other charges incurred by the Carrier due to the Passenger’s failure to comply with the regulations of the Vessel or any government or authority.
16.4. The Passenger shall be liable to the Carrier and shall reimburse it for all liabilities, costs, claims, losses, damages, demands, expenses (including reasonable legal expenses) or delays suffered or incurred by the Carrier because of any act or omission of the Passenger including but not limited to breaches of clauses 18 to 20.
16.5. Prior to or when disembarking the Vessel the Passenger must check the return time displayed on-board. If the Passenger does not arrive back in time the Vessel may leave without the Passenger.
17. Dangerous Goods or Items
Passengers shall not bring on-board items which we, our agents or security staff consider pose a risk or inconvenience to the safety and security of the ship, other passengers, travellers, crew or agents without a valid lawful reason or without the prior consent of the Carrier and/or the ship’s Master. A non-exhaustive list of prohibited items can be found at https://www.tui.co.uk/destinations/info/luggage-guidelines or otherwise is available on request (“Prohibited Items”). The Master and/or the Carrier have the right to confiscate Prohibited Items and detain or otherwise deal with any Passenger carrying or transporting Prohibited Items, who may be disembarked without any further liability to Carrier. A Passenger in breach of this clause 17 shall be strictly liable to the Carrier in accordance with clause 16.4 above. The Passenger may also be liable for statutory fines and/or penalties.
18. Safety & Security
18.1. Passengers must pay attention and comply with all regulations and notices relating to the safety of the Vessel, her crew and Passengers, the terminal facilities and immigration requirements.
18.2. Passengers must at all times conduct themselves in a manner, which respects the safety and privacy of other persons on-board.
18.3. Passengers must comply with any reasonable request made by any member of staff, the Master or his officers.
18.4. The Master or any other officer or agent shall be entitled to enter and/or search the cabin, Luggage (whether or not in the cabin); other property or person of any Passenger at any time with or without notice and Passenger hereby consents to such entry and search. The passenger further agrees to the removal, confiscation or destruction of any object, which may in the opinion of the Carrier impair the safety of the Vessel or cause inconvenience to the Passengers.
18.5. All Passengers must take care for their safety whilst walking on outside decks. Passengers should not run around the decks or other parts of the Vessel.
18.6. Passenger’s Luggage must not be left unaccompanied at any time. Unaccompanied Luggage may be removed and destroyed.
19. Animals/Pets
19.1. With the exception of recognised assistance dogs, animals and/or pets are not allowed on-board the Vessel under any circumstances.
19.2. Any animals and/or pets brought on-board by any Passenger will be taken into custody and arrangements made for the animal to be landed at the next port of call. The Passenger shall be liable for the cost of disembarking any such pet or animal and/or any fines. Passengers carrying animals and/or pets on-board except as provided in clause 19.4, below, may be disembarked with no further liability to Carrier.
19.3. Whilst the Carrier and its servants and/or agents will take such care as is reasonable in relation to the pet or animal while it is in their possession they will not be liable to the Passenger for the death or injury of the pet or animal whilst in the Carrier’s custody.
19.4. In the event a Passenger requires use of a recognised assistance dog while on-board, Passenger must provide Carrier notice of intent to bring such recognised assistance dog in advance of departure and must provide to Carrier all of the following in writing: (1) a detailed description of the recognised assistance dog including name, age, and breed, (2) proof of specialised training or certification of the recognised assistance dog, (3) proof of rabies and other vaccinations, (4) a health certificate from a licensed veterinarian dated within 30 days of departure attesting to the health of the recognised assistance dog. Passengers bringing recognised assistance dogs on-board are responsible at all times for the health and hygiene of such recognised assistance dog and must ensure that the recognised assistance dog is not left unaccompanied in a cabin for longer than 4 hours. Passenger shall indemnify Carrier in accordance with clause 16.4 in respect of the recognised assistance dog being on-board the Vessel. Carrier cannot guarantee that recognised assistance dogs will be permitted ashore in any port of call and Passengers are cautioned that recognised assistance dogs may in some cases be subject to mandatory quarantine if brought into some ports. Passenger is advised to check with all appropriate governments on the scheduled itinerary for any such quarantine or other restrictions. There are no veterinary facilities available on-board the ship and the land based veterinary facilities may not be equipped to the same standards as those based in the UK.
20. Liquor
20.1. Alcohol will only be served to adults.
20.2. Where the fare paid by a Passenger includes meals on a breakfast only, half board or full board basis, it does not also include wines, spirits, beer, mineral waters or other liquors. These are available for purchase on-board at fixed prices.
20.3. The Carrier and/or its servants and/or agents will confiscate all alcohol brought on-board by Passengers, with the exception of alcohol purchased on the outbound flight to the ship – proof of purchase will be required. Alcohol that is confiscated will be returned to Passengers at the end of the cruise.
20.4. The Carrier and/or its servants and/or agents may refuse to serve a Passenger alcohol or further alcohol where in their reasonable opinion the Passenger is likely to be a danger and/or a nuisance to himself, other Passengers and/or the Vessel.
21. Visas
21.1. (i) All passports, visas and other travel documents required for embarkation and disembarkation and at all ports are the responsibility of the Passenger. (ii)The Passenger, or if a Child, its parents or guardian, shall be liable to the Carrier for any fines or penalties imposed on the Vessel or Carrier by any authorities for the Passenger’s failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise.
21.2. The Carrier reserves the right to check and record details of such documentation. The Carrier makes no representation and gives no warranties as to the correctness of any documentation, which is checked. Passengers are strongly advised to check for all legal requirements for travelling and at the various ports to include the requirement of VISAs, emigration, customs, and health.
22. Payments for extras
Any account for purchase of liquors, or of any other extras whatsoever, including medical attention, must be settled in full, before the Passenger leaves the Vessel, in any currency in general use on-board at the time of payment.
23. Occupation of berths and cabins
23.1. No berth or cabin is to be occupied by a Passenger without application to the appointed agent on shore, or to the purser on-board
23.2. The Master or the Carrier may, if in his or their opinion it becomes advisable or necessary to do so, at any time transfer a Passenger from one berth to another, making a charge if he, in his absolute discretion, considers appropriate.
23.3. If for any reason whatsoever Passengers remain on-board after the arrival of the Vessel at their port of destination, the Carrier will require Passengers to pay for their maintenance at current rates for every night they remain on-board.
23.4. Passengers must vacate their cabins at the end of the Cruise by the time advised to them on-board.
24. Deviations, Cancellations, Premature termination of the Cruise
24.1. The Vessel’s operation is subject to weather conditions, vessel traffic, government intervention, duty to assist other vessels in distress, availability of berth facilities, unusual and/or unforeseeable circumstances and/ or circumstances which could not be foreseen or forestalled and/ or other factors beyond the Carrier’s control. The Carrier may deviate, curtail, cancel, postpone and/ or terminate the Cruise at any time before or after its commencement for any reason whatsoever whether or not the Vessel may have deviated.
24.2. The Carrier may at any time deviate, curtail, delay, cancel, postpone and/ or terminate any Cruise;- (i) if the performance or further performance is hindered or prevented by causes beyond the control of the Carrier; or (ii) if the Master or the Carrier considers that such termination is for any reason whatsoever necessary for the management of the Vessel or the Carrier.
24.3. If the Cruise is cancelled, postponed, curtailed, delayed and or terminated by the Carrier for any one of the reasons set out in clause 23 then neither the Carrier nor Organiser will have any liability to the Passenger. If the cause was unusual and/ or unforeseeable and/ or the circumstances of which could not have been foreseen or forestalled then neither the Carrier nor Organiser shall be liable to the Passenger.
24.4. The Carrier does not guarantee that the Vessel will call at every advertised port of call or follow any particular route or time table. The Master and the Carrier, acting reasonably, shall have the absolute right to change or substitute the advertised schedule and/or ports of call for any reason whatsoever.
25. Force Majeure
The Carrier shall not be liable for any loss or injury, damage, or inability to perform the Cruise arising from any force majeure circumstances including, but not limited to war, terrorism (actual or threatened), riots, civil disturbance or unrest, fire, natural disasters, extreme weather conditions, epidemics or serious risks to health, acts of God, labour strikes or industrial disputes, closed or congested ports, bankruptcy, failure of sub contractors to perform, or any other events beyond the Carrier’s control and or any events which are unusual and or unforeseeable.
26. Transfer to other transport
If the Vessel shall be prevented or hindered by any cause whatsoever from sailing or proceeding in the ordinary course, the Carrier shall be entitled to transfer the Passenger either to any other vessel or, with the consent of the Passenger, to any other means of transportation bound for the Passenger's place of destination.
27. Luggage
27.1. The Passenger must pack all Luggage in substantial suitcases or trunks, fastened securely with case locks and strapped or roped to give added protection against damage or loss and clearly labelled with the Passenger's name and address. The Carrier shall not be liable for damage to suitcases or Luggage items including broken handles, wheels, zippers, fabrics or other protrusions, all of which shall be considered ordinary wear and tear.
27.2. Luggage of Passengers must only contain their clothing and personal effects.
27.3 Luggage must be capable of being stored in a Passenger’s cabin and each Passenger’s luggage allowance will be advised at the time of booking. No individual bag must weigh more than 23 kg.
27.4. The Carrier shall have a lien upon and a right to sell, by auction or otherwise, without notice to the Passenger, any Luggage or other property belonging to any Passenger in satisfaction of unpaid monies or of any other monies which may in any way have become due by the Passenger to the Carrier or to its servants, agents or representatives.
28. Search of Luggage etc
28.1. In the interest of international security and safety at sea and in the interest of the convenience of other Passengers, the Passenger, agrees and hereby consents to a search being made of the Passenger’s person, cabin, Luggage, other property and/or valuables whether physically, by way of screening, scanning or otherwise, by any servant, agent or independent contractor of the Carrier, prior to embarkation and/or at any other time during the cruise.
28.2. The Passenger agrees to the sequestration of any property following a search or otherwise, which may, in the opinion of the Carrier, Master and/or any officers on-board the Vessel, be likely in any way, to inconvenience, endanger or impair health, safety or reasonable comfort of any person or persons whether on-board or not, or endanger or impair the safety of the Vessel and/or her fittings, furnishings, machinery, equipment or any part thereof or prohibited by the terms of this Contract or by any relevant law.
28.3. The Passenger agrees to submit to such search upon being so requested by the Master.
28.4. Any member of the Carrier and/or Master’s staff or crew shall be entitled to enter a Passenger’s cabin to carry out necessary inspection, maintenance or repair work or for any other purpose associated therewith.
29. Deposit of valuables
Passengers may hand money, watches, jewellery or other valuables to the purser for safe custody advising the value. For articles so deposited the Passenger shall receive a written receipt. In the event of loss of or damage to such valuables the Carrier shall only be liable up to the limits provided in of Article 8 of the Athens Convention. The use of cabin safes is not depositing valuables with the Vessel.
30. Liability for damage Passenger's liability
The Passenger shall be liable for and shall reimburse the Carrier for any damage to the Vessel and/or its furnishings or equipment or any other property of the Carrier caused by any act or omission by the Passenger or any person for whom the Passenger is responsible, including, but not limited to, Children travelling with the Passenger.
31. Carrier’s liability
Notwithstanding anything to the contrary elsewhere in these Conditions of Carriage, the Carrier shall not in any circumstances be liable to Passengers or anyone in their party for any loss or anticipated loss of profit, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness or which are not subject to the Athens Convention referred to above, any liability the Carrier may incur for the negligent acts and/or omissions or those of its suppliers, shall be limited to a maximum of the price which the Passenger paid for the Contract. Where this relates to loss of and/or damage to Luggage and/or other personal possessions then the Carrier’s liability will not exceed any prescribed amounts in accordance with the Athens Convention and or Regulation 392/2009 as applicable. The Carrier will not at any time be liable for any loss of or damage to valuables of any nature.
32. General Average
The Passenger is not liable in respect of his or her Luggage or personal effects to pay, nor entitled to receive any General Average contribution. However, other merchandise on-board, whether accompanied or unaccompanied, will contribute to General Average.
33. No authority to vary conditions
These Conditions of Carriage may not be amended without written and signed consent from a Director of the Carrier.
34. No Liability for Emotional Distress
The Carrier shall not be liable to the Passenger for any emotional distress, mental anguish or psychological injury of any kind except where said emotional distress, mental anguish or psychological injury was the result of either (A) physical injury to the claimant caused by the negligence or fault of the Carrier, (B) the claimant having been at actual risk of physical injury and such risk was caused by the negligence or fault of the Carrier, or (C) was intentionally inflicted by a crewmember or the Carrier.
35. Law and Jurisdiction
All disputes and matters howsoever arising between the Passenger and the Carrier including in connection with the Cruise and/or its execution and or, these Conditions of carriage, shall, unless the Carrier expressly agrees otherwise in writing, be subject to the laws of England and Wales and shall, subject to the provisions of The Athens Convention, be brought in the Courts of England and Wales, to the exclusion of any other venue, law or jurisdiction. You may however choose to submit to the law and jurisdiction of Scotland or Northern Ireland if you are resident in either of these jurisdictions, but not to any other law and/or jurisdiction.
36. Conditions Severable
Each of the provisions contained in these conditions shall be severable and if any of such provisions should be invalid, illegal or unenforceable the remaining provisions shall nevertheless have full force and effect.
37. Applicability of Athens Convention and Regulation 392/2009
If the carriage provided hereunder is not an “international carriage” as defined in Article 2 of the Athens Convention and/or the Vessel is being used as a floating hotel, the provisions of the Athens Convention shall apply and be deemed to be incorporated herein, mutatis mutandis. The provisions of 392/2009 may be extended in some cases to international carriage, unless this is the case the provisions of the Athens Convention shall apply.
38. Limitations Applicable to Other Entities
All limitations and defences herein shall also ensure to the benefit of Organiser and Carrier’s Master, employees, agents, and independent contractors providing services aboard the Vessel.
39. Addendum of Other Contracts
The conditions contained herein shall be binding upon all Passengers and shall be considered an addendum of any contract issued by Organiser. In the event of any conflict between these Conditions of Carriage and the contractual terms of any Organiser, these Conditions of carriage shall prevail as to Carrier.