CUNARD Brochure -May25-May27 - bonvoyage.co.nz - Flipbook - Page 141
BOOKING AND PASSAGE CONDITIONS
c) It is important to be aware that it will not always be possible to leave a Cruise
early, even when on an Australian domestic itinerary. Some Australian ports have
strict border and quarantine restrictions which prevent cruise ship guests from
discontinuing the Cruise in that port, even if they are an Australian passport holder.
Many international ports also have strict border restrictions and visa requirements.
For cruises departing in the United States, the Passenger Vessel Services Act (‘PVSA’)
prohibits the transportation of passengers between two different U.S. ports. You
must not, in breach of the PVSA, embark and disembark at different U.S. ports or
otherwise purposefully cause a violation of the PVSA. Breaches of this clause will be
subject to clause 38(c).
36) Lost luggage and personal belongings
a) You are at all times responsible for Your belongings. Also, it is Your responsibility to
remove all of Your belongings from the room prior to disembarking the ship.
b) While We will provide reasonable assistance in locating any items left onboard,
We are not responsible for any items misplaced, lost or left behind by You.
c) Once You disembark the ship, You must collect Your checked luggage as soon as
it is available for collection. Due to hygiene reasons, any unclaimed items that are
considered in Our discretion unhygienic will be destroyed at the end of the Cruise.
All other items must be claimed within three (3) days of disembarking Your Cruise
by contacting Our Guest Relations team, contact details are available at
cunard.com/en-au/contact-us. You are responsible for Our costs incurred in returning
lost items to You, such as postage fees. If You pick up the wrong luggage, it is Your
responsibility to immediately return the luggage to Us and at Your own expense.
OUR VALUES
37) Environmental Policy
a) At all times during Your Cruise, You are prohibited from littering, dumping, polluting or
otherwise discharging anything into the ocean or waterways. Further, You must not
leave unsecured items on balconies or on the upper/open decks of the ship as the
wind can cause items to fall overboard.
b) All guests must adhere to Our environmental policy as follows:
i) Any dumping or pollution of any kind including discharge of any item into the ocean
and/or waterways is strictly prohibited.
ii) You may be charged the reimbursement cost of any unauthorised property belonging
to Us that You discharge or release overboard. Subject to applicable Laws, You
agree to indemnify Us for any loss caused by Your wilful or negligent conduct in
contravention of this clause.
iii) You may be disembarked for violations of Our Environmental Policy and You will be
responsible for all financial charges and expenses to return home. No refund of Your
unused Cruise Fare will be provided. Additionally, You may be prohibited from sailing
with Us and Our affiliate brands in the future.
b) By entering into Your Contract, You are deemed to represent to Us that You are not
subject to any Trade Sanctions or listed on any lists of sanctioned persons for Trade
Sanctions, and You are not entering into Your Contract on behalf of or for the benefit
of anyone who is. You agree that You will tell Us as soon as practicable if this changes.
41) Interpretation
a) All provisions, limitations, exemptions, rights and conditions given to Us by these
Conditions, including the right to rely on the exclusive jurisdiction clause, are
extended to all of Our employees, agents, direct or indirect subcontractors (including
sub-subcontractors, the Carrier and the Carrier’s employees, agents, direct or
indirect subcontractors) and to any other party employed by or on behalf of Us, or
whose services and/or equipment have been used in order to perform Your Contract
with Us (the ‘Protected Entity’). We are acting as agent or trustee for all members of
the Protected Entity. The Protected Entity does not include Other Service providers
referred to in clause 5.
b) In these Conditions, headings are for ease of reference only and do not affect the
interpretation or meaning of these Conditions.
42) Severability
a) Your Contract with Us must, so far as possible, be interpreted and construed so as
not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true
interpretation or construction is held to be illegal, invalid or unenforceable:
i. that provision must so far as possible, be read down to the extent necessary to
ensure that it is not illegal, invalid or unenforceable and as reasonable in all the
circumstances so as to give it a valid operation; or
ii. if the provision or part of it cannot effectively be read down, that provision or part
of it will be deemed to be void and severable and the remaining provisions of Your
Contract with Us will not in any way be affected or impaired and will continue
notwithstanding that illegality, invalidity or unenforceability.
PRIVACY
43) Privacy
a) Privacy Laws safeguard Your personal information. Our Privacy Policy sets out how
We handle Your personal information including how We collect, use, store, disclose
and destroy Your personal information. Before making a booking with Us, You must
read Our Privacy Policy, which can be found at on our website: https://www.cunard.
com/en-au/advice-and-policies/privacy-policy.
b) It is a condition of booking with Us that You authorise Us to handle Your personal
information (including sensitive information) in accordance with Our Privacy Policy.
c) If You would like to access or correct Your personal information, please contact Us on:
Email: privacy@carnivalaustralia.com.au
LIMITATION AND EXCLUSION OF OUR LIABILITY AND INDEMNITY BY YOU
38) Limitation of Liability
a) Nothing in these Conditions alters any rights given to You under Law (including
Consumer Laws) that We cannot lawfully exclude or limit.
b) Other than as specified in Your Contract with Us or provided by applicable Laws
(including Consumer Laws), We exclude all liability in relation to or in connection with
Your Cruise unless caused by Our negligence or failure to provide services with due
care and skill or that are reasonably fit for purpose.
You agree to Indemnify Us
c) To the maximum extent permitted by Law, You will indemnify Us in relation to all claims,
loss, damages, liability, expenses, fines, penalties or costs We incur or suffer which
is caused, or contributed to (to the extent of that contribution), by Your breach of Your
Contract with Us. However, You are not required to indemnify Us in respect of any
amount which arises from any mistake, fraud, negligence or reckless conduct by Us.
Limitation of liability for Recreational Services
d) Except for liability for significant personal injury caused by Reckless Conduct by Us
or Our personnel, servants or agents, where We provide Recreational Services, We
exclude liability for all Excluded Recreational Liabilities in connection with Our failure
to comply with any consumer guarantees applying under the CCA.
e) In this clause:
i. Reckless Conduct has the meaning set out in section 139A(5) of the CCA.
ii. Excluded Recreational Liabilities means liabilities described in section 139(3) of the
CCA which, without limitation, includes liability for death, physical or mental injury, or
contraction, aggravation or acceleration of any disease; and
iii. Recreational Services has the meaning set out in section 139A(2) of the CCA.
Limitation of Liability for Independent Contractors
f) Other than as provided by applicable Laws (including Consumer Laws), We exclude
all liability in relation to and in connection with any good and/or service provided by
an independent contractor in relation to or in connection with Your Cruise (including
but not limited to all Other Services).
Limitation of Liability for Lost or Damaged Luggage or Personal Belongings
g) To the extent Consumer Laws and other Laws permit Us to exclude Our liability, We
will not be liable for loss of, damage to, or theft of any luggage, personal items or
other belongings, unless caused by Our negligence or failure to provide services with
due care and skill or that are reasonably fit for purpose.
Contributory Negligence
h) You agree that Our liability will be reduced in proportion to any negligence or fault on
Your part.
Notification of Incidents, Complaints or Claims
i) You agree to use all reasonable efforts to report any and all incidents, complaints,
claims onboard or otherwise and bring the matter to Our attention as soon as
possible. You acknowledge that any delay or failure to bring any matter to Our
attention whilst onboard may impact Our ability to investigate and verify the matter.
39) Choice of Law and jurisdiction
a) Your Contract with Us is governed by the Laws in force in New South Wales. You agree
that any claim and/or action You bring against Us will be brought in Australia and will
be subject to New South Wales’ law. If You have a claim and/or action against Us, You
agree only to bring an action against Carnival Plc trading as Cunard and not any of
Our related bodies corporate as defined in the Corporations Act 2001 (Cth).
40) Compliance with Trade Sanctions
a) You acknowledge and agree that at any time, We reasonably believe that Your
participation in the Cruise may expose Us to breach of Trade Sanctions or expose
Us to legal liability in relation to Trade Sanctions, We have the right to cancel Your
Contract without liability or obligation to refund of any portion of Your Fare.
Post: PO Box 1429
Chatswood, NSW 2057
DICTIONARY
44) Dictionary
In these Booking and Travel Conditions:
“Adult” means a person aged 18 years or older or, when sailing in U.S. waters, aged 21
years or older.
“Australian Consumer Law” means Schedule 2 of the CCA.
“Carrier” has the meaning set out in clause 1(a).
“CCA” means the Competition and Consumer Act 2010 (Cth).
“Child/Children” means a person below the age of 18 years or, when sailing in U.S.
waters, below the age of 21 years.
“Communicable Diseases” means diseases that can spread from person to person
and includes ‘Listed Human Diseases’ as defined by the Biosecurity Act 2015 (Cth) (as
amended).
“Consumer Guarantee” means right or guarantees a guest may have under Consumer
Laws or other rights in relation to the supply of goods or services that cannot lawfully
be excluded or limited.
“Consumer Laws” has the meaning set out in sub-paragraph (a).
“Contract” has the meaning set out in clause 1(b).
“Cruise” means carriage onboard the vessel nominated by Us and onboard
accommodation, select main meals, select entertainment, select activities, and any
other service/s as determined by Us.
“Excluded Recreational Liabilities” means liabilities described in section 139(3)
of the CCA which, without limitation, includes liability for death, physical or mental
injury, or contraction or aggravation of any disease.
“Fare” means the amount paid by, or payable by, You to Us for Your Cruise.
“Guardian” means a person responsible for making decisions on behalf of a person
who lacks decision-making ability and includes but is not limited to a Legal Guardian
and Power of Attorney.
“Law/s” means all laws wherever applicable including any:
a) legislation (including statutes, regulations, determinations, by-laws,
declarations, ministerial directions, ordinances and other subordinate
legislation);
b) court decisions, and principles of common law and equity;
c) mandatory code, standard or guideline; and
d) writ, order, injunction or judgment.
“Other Service/s” has the meaning set out in clause 5(a).
“Other Service Provider/s” has the meaning set out in clause 5(b).
“Protected Entity” has the meaning set out in clause 41(a).
“Reckless Conduct” has the meaning set out in section 139A(5) of the CCA.
“Recreational Services” has the meaning set out in section 139A(2) of the CCA.
“these Conditions” has the meaning set out in clause 1(b)(i).
“Trade Sanctions” means all applicable international and domestic (autonomous)
trade sanctions including but not limited to those imposed, maintained or
administered by the United Nations Security Counsel, the Office of Foreign Assets
Control of the United States government, the European Union, Her Majesty’s Treasury
and the United Kingdom government and the Australian Department of Foreign
Affairs and Trade.
“You/ Your/ Guest” has the meaning set out in clause 1(a).
“We/ Us/ Our” has the meaning set out in clause 1(a).
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