COMPLAINTS 51. Any problem which arises during a holiday must be raised by the Guest at the time with a representative of P&O Cruises. If the problem is not resolved to the full satisfaction of the Guest during the holiday, it is essential that to enable the complaint to be investigated properly it must be notified to P&O Cruises at the earliest opportunity thereafter and in any event no later than 28 days after the Guest’s return from the Package. Failure to report the complaint within this time may adversely affect P&O Cruises’ ability to investigate and deal with it and may prejudice any future claim. Complaints relating to EU Regulation 1177/2010 Concerning the Rights of Passengers when Travelling by Sea and Inland Waterways must be made to P&O Cruises in writing within two months of the date on which the service was performed. Within one month, P&O Cruises shall respond to the Guest that the Guest’s complaint has been substantiated or rejected or is still being considered. However, the time taken to provide the reply shall be no longer than two months from receipt of the complaint. LIABILITY 52. Subject to paragraphs 52 to 56 P&O Cruises accepts responsibility for death, injury or illness caused by the negligent acts and/or omissions of its Suppliers in respect of the Package, but excluding the Cruise. P&O Cruises limits its liability, where applicable, by the conventions referred to in clauses 55 to 60 inclusive. In any event, P&O Cruises is not responsible for any improper or non-performance of any services forming part of the Package which are wholly attributable to the fault of the Guest; the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; or unavoidable and extraordinary circumstances. 53. For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in clauses 55 to 60 inclusive, P&O Cruises liability for improper performance of the Contract shall be limited to a maximum of three times the price which the Guest affected paid for the Package (not including insurance premiums and amendment charges) and P&O Cruises shall have no liability for any loss of business or profits, loss of use or any other consequential or indirect loss or damage. 54. All carriage (by land, air and sea) is subject to the terms and conditions of carriage of the actual carrier. These may limit or exclude liability. They are expressly incorporated into the Contract. Copies of these terms and conditions are available on request from P&O Cruises. P&O Cruises will ensure that the Guest is informed of the identity of the air carrier once it has been finalised. P&O Cruises does not use any carrier on the EU banned carrier list, available via our website. The liability of P&O Cruises will not exceed that of any carrier. 55. Carriage of Guests and their luggage by air is governed by various international conventions (hereinafter “the international air conventions”), including the Warsaw Convention 1929 (whether as amended by the Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) or the Montreal Convention 1999. Flights between the UK and any member state of the European Union are currently governed by EC Regulation 889/2002 which gives legal effect to the Montreal Convention 1999. To the extent that P&O Cruises may be liable as a non-performing air carrier to Guests in respect of carriage by air, the terms of the international air conventions (including any subsequent amendments and any new convention which may be applicable to a Contract for a fly-cruise between P&O Cruises and a Guest) are expressly incorporated into these Conditions. The international air conventions may permit the carrier to limit its liability for death and personal injury, loss of and damage to luggage and delay. Insofar as P&O Cruises may have any liability to the Guest in respect of carriage by air, it shall be determined accordingly. Copies of these conventions are available from P&O Cruises on request. 56. International Carriage of Passengers and their luggage by sea, including the Cruise, is governed by EU Regulation 392/2009 on the Liability of Carriers of Passengers by Sea in the Event of Accidents (EU Regulation 392/2009) which may be viewed at https://www.gov.uk/government/uploads/system/uploads/ attachment_data/file/2724/annex-b-reg-ec-392-2009.pdf and The Athens Convention 2002 which may be viewed at https://www.gov.uk/government/uploads/system/uploads/ attachment_data/file/261628/Misc.6.2013_Prot_2002_ Athens_8760.pdf . Copies are available on request. The Athens Convention 2002 and EU Regulation 392/2009 are expressly incorporated into these Conditions and any liability of P&O Cruises for death or personal injury or for loss of or damage to luggage arising out of international carriage by sea shall be solely brought and determined in accordance with the Athens Convention 2002 and EU Regulation 392/2009 which limit the carrier’s liability for death or personal injury or loss of or damage to luggage and make special provision for valuables. The limits of liability are assessed by reference to Special Drawing Rights (SDRs) which fluctuate depending on daily exchange rates. All SDR values in these Conditions are accurate as per 28 October 2020. Up-to-date figures may be assessed at the following website http://www.imf.org/external/np/fin/data/rms_sdrv.aspx . It is presumed that luggage has been delivered undamaged to the Guest unless written notice is given to P&O Cruises (as carrier): a) in the case of apparent damage, before or at the time of disembarkation or redelivery; b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place. Where the Cruise is seagoing but does not call at more than one country (Domestic Carriage) then the provisions of the Athens Convention 1974 may apply. If the domestic carriage is in the UK the Merchant Shipping (Convention relating to the Carriage of Passengers and their Luggage by Sea) (Amendment) (Order) 2014 (2014 Regulations) may apply. Non seagoing cruises shall be subject to the provisions of the Merchant Shipping Act 1995 and liability for death and or personal injury is limited to 175,000 SDRs per passenger. These provisions will also apply where
63. P&O Cruises does not include any shore experiences in the price. Shore experiences do not form any part of a Package. Shore experiences may be reserved after a Package has been booked from a separate shore experiences brochure or online. Reservations may be made for a specified period prior to the Cruise commencing. Purchases may also be made on board the ship. 64. Any shore experiences booked will be supplied by local operators. P&O Cruises will at all times endeavour to appoint reputable and competent local operators who apply the local laws and regulations of the relevant country. Shore experience operators are not P&O Cruises’ servants, agents or suppliers. P&O Cruises is not responsible for any acts or omissions which are wholly attributable to the fault of the local operators. P&O Cruises does not operate, perform or otherwise organise and/or audit any shore experiences. All Guests must ensure that they are fit and healthy to undertake shore experiences. All shore experiences are governed by the terms and conditions in the shore experiences brochure. 65. All employees, agents, contractors and their sub-contractors (including Suppliers as defined in clause 1), as well as all insurers of both P&O Cruises and its Suppliers shall have the benefit of the same rights, defences, immunities and limitations available to P&O Cruises under these Conditions. ACTIONS, CLAIMS AND TIME LIMITS 66. Any action by a Guest arising out of carriage by air or sea must be commenced within the time limit prescribed by the Warsaw Convention, the Montreal Convention or the Athens Convention 2002 or EU Regulation 392/2009 or the 2014 Regulations, as applicable. 67. If a court or tribunal applies any law other than English law, P&O Cruises shall (in respect of all exclusions and limitations of liability) be entitled to the maximum protection allowed by that law including statutory protection of limitation as to the amount of damages recoverable. 68. P&O Cruises is a Member of ABTA, membership number V8764. P&O Cruises is obliged to maintain a high standard of service to Guests by ABTA’s Code of Conduct. P&O Cruises can also offer Guests ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If P&O Cruises can’t resolve a complaint, Guests can go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com . FINANCIAL PROTECTION 69. P&O Cruises provides full financial protection for all Packages. For flight-based Packages this is through P&O Cruises Air Travel Organiser’s Licence (ATOL) number 6294. In the unlikely event of P&O Cruises’ insolvency, the Civil Aviation Authority (CAA) will ensure that Guests booked on flight-based Packages are not stranded abroad and will arrange to refund any money the Guest has paid to P&O Cruises for an advance booking. For further information visit the ATOL website at www.atol.org.uk . When a Guest buys an ATOL protected flight or flight inclusive holiday from P&O Cruises they will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where the Guest can get information on what this means for them and who to contact if things go wrong. P&O Cruises or the suppliers identified on the ATOL Certificate will provide the Guest with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither P&O Cruises or the suppliers are able to do so for reasons of insolvency, an alternative ATOL holder may provide the Guest with the services it has bought or a suitable alternative (at no extra cost to the Guest). The Guest agrees to accept that in those circumstances the alternative ATOL holder will perform those obligations and agrees to pay any money outstanding to be paid by the Guest under the Contract to that alternative ATOL holder. However, the Guest also agrees that in some cases it may not be possible to appoint an alternative ATOL holder, in which case the Guest will be entitled to make a claim under the ATOL scheme (or its credit card issuer where applicable). If P&O Cruises, or the suppliers identified on the ATOL Certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) the Guest under the ATOL scheme. The Guest agrees that in return for such a payment or benefit the Guest assigns absolutely to those Trustees any claims which the Guest has or may have arising out of or relating to the non-provision of the services, including any claim against P&O Cruises, the Guest’s travel agent (or the Guest’s credit card issuer where applicable). The Guest also agrees that any such claims may be re-assigned to another body, if that other body has paid sums the Guest has claimed under the ATOL scheme. 70. Not all Packages offered and sold by P&O Cruises will be protected by the ATOL scheme. All non-fly Packages sold by P&O Cruises in the UK are protected under the ABTA scheme of financial protection. In the unlikely event of P&O Cruises’ insolvency, ABTA will ensure that Guests booked on non-fly Packages are not stranded abroad and will arrange to refund any money paid to P&O Cruises for an advance booking. Cruises sold overseas may be covered by consumer protection schemes in place in the country of sale or by the protection scheme operated by ABTA, and Guests should contact P&O Cruises for confirmation of what protection may apply to their booking. HOW WE WILL USE YOUR DATA 71. In clauses 71 - 75 “you” means the Guest. P&O Cruises’ full privacy notice is available on our website at pocruises.com/ privacy , a copy may be requested during your telephone booking, or by contacting Guest Relations, Carnival House, 100 Harbour Parade, Southampton SO15 1ST. P&O Cruises processes personal data about enquirers and guests before, during and after their Cruise to support its business needs. P&O Cruises collects the personal data that you provide when you enquire, book or sail with P&O Cruises. Your interactions with P&O Cruises will result in
39. It may be possible for the Guest to re-claim these cancellation charges (less any applicable excess) under the terms of the Guest’s insurance policy. Claims should be submitted to the appropriate insurer. After departure, if the Guest disembarks whether by reason of sickness or any other reason the Guest will not be entitled to a refund of a proportion of the Package not used.
the ship is being used as a floating hotel. The limits applicable to cabin luggage pursuant to the Athens Convention 1974 and the 2014 Regulations are 833 SDRs (£909). The figure increases to 2,250 SDRs (£2,452) where EU Regulation 392/2009 and the Athens Convention 2002 apply. P&O Cruises is not liable in respect of the loss and/or damage to any valuables unless these have been deposited with the ship. Using the cabin safe is not a deposit with the ship. Where deposited with the ship and unless a higher figure is agreed in writing, P&O Cruises’ liability pursuant to the Athens Convention 1974 and 2014 Regulations will be limited to 1,200 SDRs (£1,308) or where EU Regulation 392/2009 and/or the Athens Convention 2002 apply, 3,375 SDRs (£3,678). In the event of death and/or personal injury then the limits applicable under the Athens Convention 1974 and 2014 Regulations are 46,666 SDRs (£50,850) or 300,000 SDRs (£326,895) where the Performing Carrier’s principal place of business is in the UK. In accordance with EU Regulation 392/2009 and the Athens Convention 2002 the Guest has a right to compensation for death or personal injury up to 250,000 SDRs (£272,431) per incident from the carrier in respect of a shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship (“Shipping Incident”) save where the Shipping Incident resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or was wholly caused by an act or omission done with the intent to cause the incident by a third party. Compensation for a Shipping Incident can increase by a further 150,000 SDRs to a total figure of 400,000 SDRs (£435,889) per Guest, per incident unless the carrier proves that the incident which caused the loss occurred without its fault or neglect. In the event of a non-shipping incident the Guest must prove that the incident which caused the damage was the result of the carrier’s fault or neglect. In those circumstances the maximum amount payable will be 400,000 SDRs. In any case involving war or terrorism the maximum payable is 250,000 SDRs per passenger or 340 million SDRs per ship per incident. A summary of EU 392/2009 may be viewed at https://transport.ec.europa.eu/system/files/2016-09/ rights-in-case-of-accident.pdf . 57. Any damages payable by P&O Cruises up to EU 392/2009, the Athens Convention 2002 and/or 2014 Regulations limits shall be reduced in proportion to any contributory negligence by the Guest and by the maximum deductible specified in Article 8 (4) of the Athens Convention 1974. 58. Insofar as P&O Cruises may be liable to a Guest in respect of claims arising out of carriage by air or carriage by sea, P&O Cruises shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual air carrier (including its own terms and conditions of carriage) and under the Athens Convention, and nothing in these Conditions shall be deemed a surrender thereof. To the extent that any provision in these Conditions is made null and void by the Warsaw Convention, the Montreal Convention or the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but no further. 59. Insofar as the Cruise may be performed on a ship not owned by P&O Cruises, it is agreed that P&O Cruises shall at all times nevertheless be deemed a ship owner for the purposes of the Convention on Limitation of Liability for Maritime Claims 1976, whether as amended by the Protocol of 1996 or otherwise and as in force in any relevant jurisdiction from time to time, and so entitled to limit liability thereunder. 60. Except for claims arising out of carriage by air (as provided by clause 55), any liability in respect of death and personal injury and loss of and damage to luggage which P&O Cruises may incur to the Guest during sea carriage, whether under the Contract in accordance with these Conditions or otherwise, shall always be subject to the limits of liability contained in the Athens Convention 2002, EU Regulation 392/2009 or the 2014 Regulations. 61. In respect of any claims for loss of or damage to property including luggage which are not covered by international conventions including the Athens Convention 2002, EU Regulation 392/2009, the 2014 Regulations and/or the Montreal Convention and where liability is not limited by reference to any enactment, terms or conditions then any legal liability that P&O Cruises may have for any such losses will be limited to £500.00 per Guest. P&O Cruises shall not be liable for lost valuables including jewellery and/or monies under any circumstances. Guests must ensure that their personal possessions and valuables are with them at all times. 62. Hotels and shuttle services included in the Package or purchased at any other time are arranged by P&O Cruises with local Suppliers who may themselves engage the services of local operators. Standards of hygiene, accommodation and transport in many countries where excursions take place are often lower than comparable standards in the UK. P&O Cruises will at all times endeavour to appoint reputable and competent local Suppliers. The terms and conditions of the hotels and shuttle services will be applicable and are expressly incorporated into the Contract (or any other contract between P&O Cruises and the Guest in respect of shuttle services). These may limit or exclude liability of the hotelier or the shuttle services operators. The liability of P&O Cruises will not exceed that of any hotelier and/or shuttle services operator. Local standards of the relevant country will be relevant in assessing performance of the Package services. In the event of a complaint by a Guest, the Contract (or any other contract between P&O Cruises and the Guest in respect of shuttle services) will be regarded as having been performed if local standards relating to those services have been satisfied even if the laws of England and Wales have not been met. P&O Cruises is not responsible for any improper or non- performance of such services which are wholly attributable to the fault of the Guest; the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of the services to be provided; or unavoidable and extraordinary circumstances.
personal data being created and stored by P&O Cruises. P&O Cruises may receive personal data from other individuals or third party organisations relating to you. P&O Cruises analyses the personal data it holds in order to improve the effectiveness of its direct marketing communications or to deliver its loyalty programmes. P&O Cruises does not process sensitive personal data about you except where there is a legal reason to do so. P&O Cruises processes personal data about Minors to provide services when they are guests on its ships, but does not seek to collect personal data about Minors for any other purpose. P&O Cruises uses personal data for one or all of the following reasons: (i) with your consent, (ii) where it is necessary in order to enter into a contract and deliver services for you, (iii) to comply with a legal duty, (iv) to protect your vital interests or the vital interests of those around you; (v) or for P&O Cruises’ own lawful interests or those of other organisations, provided your rights do not override these. 72. When you make a booking either directly or through a travel agent, P&O Cruises will collect personal data about you and other Guests in your group to effect the booking, including your names, genders, dates of birth, home addresses, phone, email, details of any medical, care or dietary requirements, specific preferences relating to the booking you have selected, and your payment details. P&O Cruises needs this data to enter into a contract with you. If you provide P&O Cruises with personal data about any other individuals included in a booking, you must have the authority of those individuals to provide their personal data to P&O Cruises for the purposes set out in clause 71, and will remain accountable for the information provided. It is the responsibility of the Guest who is the booking lead to ensure that personal data about the Guests included in a booking is accurate and up to date. After you book a Cruise, you will be invited by email to access My P&O Cruises, where you will need to provide additional personal data about you and other Guests in your booking group. This additional mandatory personal data including passport, insurance and emergency contact details for you and other Guests in your booking group is necessary to complete your booking. You may optionally book or purchase on-board products and services, shore experiences and other activities, which may require you to provide further personal data. P&O Cruises may have to share your personal data with other companies such as spa operators or travel operators in order to provide these to you. 73. P&O Cruises will use personal data about you before and during your Cruise for the purposes of security and safety, for the enjoyment of your Cruise, and to protect your health and welfare. After your Cruise P&O Cruises may seek your feedback and invite you to participate in its loyalty programme. Personal data about you will be used to investigate and resolve queries or complaints. P&O Cruises processes personal data about enquirers and guests in the UK and on board its ships worldwide. Due to the ongoing global COVID-19 pandemic, P&O Cruises must collect and process personal data relating to your health before and during your Cruise in order to satisfy public health requirements. As these requirements are evolving rapidly, please refer to the P&O Cruises website for the latest information on how this personal data will be processed during this pandemic. 74. Enquiries and bookings are processed in the UK, where P&O Cruises’ systems may be accessed by Carnival group staff and suppliers from outside of the UK and/or European Union subject to strict security controls. If you make a booking P&O Cruises may pass your personal information on to other relevant suppliers of your travel arrangements such as airlines, hotels and transport companies. Your personal information may also be shared with travel agents, security and credit checking companies, credit and charge card companies. P&O Cruises are required to co-operate with government and law enforcement agencies and the public authorities of any country in your Cruise itinerary, including customs and immigration authorities. P&O Cruises collect and process personal data in the European Union (EU) and worldwide depending upon how you interact with P&O Cruises. P&O Cruises may need to process your personal data worldwide, including on board its ships, depending upon the destinations you travel to, for example if P&O Cruises has to provide personal data to immigration authorities, port agents or excursion operators in destination countries. This may involve sending your personal information between different countries, including countries outside the EU where controls on data protection may not be as strong as the legal requirements in the EU. 75. You have rights over how P&O Cruises uses personal data about you. These rights include withdrawing consent to processing, accessing personal data P&O Cruises holds about you, updating or amending your personal data and deleting applicable personal data about you. If you wish to exercise your information rights or have a concern or a complaint about P&O Cruises’ processing of personal data, you may contact P&O Cruises’ Data Protection Officer at Carnival House, 100 Harbour Parade, Southampton SO15 1ST, or email privacy@carnivalukgroup.com . If you are not satisfied with P&O Cruises’ processing of personal data or how P&O Cruises has responded to your complaint about the processing of personal data, you have the right to complain to the Information Commissioner’s Office (ICO) whose website is https://ico.org.uk/concerns/ .
Guest unless it is impossible to do so, or will incur disproportionate costs, taking into account the extent of the lack of conformity and the value of the Travel Services affected. Please note that compensation will not be payable if an alteration is not significant or if P&O Cruises is not able to provide a significant proportion of the Package due to unavoidable and extraordinary circumstances. 44. Transit or part transit of straits, other sea areas controlled by vessel traffic schemes, canals, rivers and all other navigable waterways may be subject to delay due to operational circumstances and/or the requirements of the local authorities and P&O Cruises shall have no liability whatsoever in respect of any such delay. SECURITY, SAFETY AND SUPPORT 45. Guests are expected at all times to conduct themselves in a proper manner and with due regard to the health, safety, comfort, enjoyment and general well-being of all persons both on board the ship and involved in the provision of any service or facility forming part of the Package or any shore experience, and the Guest expressly agrees to this. P&O Cruises will implement measures pre- departure and during the Package to address the risks posed by Coronavirus (COVID-19) and/or any other public health issues. These measures may be implemented at short notice and may change as advice, knowledge and government guidance of the relevant virus or condition changes. Such measures may mean that some of the services and facilities on board may not be available for part or all of the cruise and Guests will be required to follow any guidance provided by P&O Cruises, the Master or the ship’s crew designed or intended to limit or prevent the spread of any infectious disease. Any measures introduced in order to address the risks posed by Coronavirus (COVID-19) or any other public health issue will not be significant changes to the Package. If it appears that a Guest’s conduct, behaviour or health is such as to be a breach of this requirement or the Guest’s behaviour, health or conduct is likely to endanger the Guest’s own health or safety or that of any other Guest or crew or may make the Guest likely to be refused permission to go ashore at any port or may make P&O Cruises liable for the costs of any medical treatment and/or maintenance and support and/or repatriation, then P&O Cruises and/or the Master shall have the right according to the particular circumstances to take any one or more of the following measures as may appear to be reasonable and appropriate: refuse to embark or to disembark the Guest at any particular port or other place of call; disembark the Guest; transfer the Guest to another berth; confine the Guest to a particular cabin or to the ship’s medical centre; through the ship’s doctor and/or their staff, administer any drug, medicine or other substance of a similar nature, or admit and/ or confine the Guest to a hospital or any similar institution at any
ALTERATION AND CANCELLATION BY P&O CRUISES PRIOR TO DEPARTURE
40. Whilst P&O Cruises will do its best not to cancel or to make any alteration to a Package after a booking has been made, such changes are sometimes necessary. Most alterations made by P&O Cruises will not be significant and P&O Cruises has the right to make such alterations without paying the Guest compensation. Any alterations made by P&O Cruises to their pre and post departure requirements and procedures for reasons of health and safety (such as any alterations required in response to Coronavirus (COVID-19)) are unlikely to constitute significant alterations and such alterations do not give the Guest the right to compensation or the right to cancel the Package without charge. P&O Cruises shall nevertheless be entitled at any time prior to departure to cancel the Contract or to change and/or curtail the Package where this reasonably becomes necessary on operational, commercial or other grounds. P&O Cruises will inform the Guest or the Guest’s travel agent of any such cancellation or change of Package as quickly as possible (with, where appropriate, written confirmation as soon as reasonably possible thereafter). If P&O Cruises makes a significant alteration to the Package the Guest will have the choice of either accepting the alteration, accepting an offer of an alternative Package of comparable standard if available (P&O Cruises will refund any price difference if the alternative is of a lower value) or cancelling the Package and receiving a full refund of all monies paid. The Guest recognises and agrees that it will not normally be possible for P&O Cruises to offer an appropriate substitute Package which is available at about the same time as and/or with a similar itinerary to that originally booked, but P&O Cruises will do its best to provide a suitable alternative Package of similar duration and value. The Guest must notify P&O Cruises of his/her decision as soon as reasonably possible and in any event not later than 14 days of being informed of the significant alteration. 41. If the Guest cancels the Package in the circumstances set out in clause 40 or if P&O Cruises cancels the Package, the Guest shall also be entitled to compensation as follows (except if the change or cancellation is due to unavoidable and extraordinary circumstances, or non-payment by the Guest).
Period of notification given by P&O Cruises
Compensation per full fare paying Guest
90 to 43 days 42 to 29 days 28 to 15 days
5% cruise credit
10% cruise credit 15% cruise credit 20% cruise credit
port as the ship’s doctor may consider necessary; remove the Guest from the hotel, if appropriate; repatriate the Guest to the United Kingdom.
14 to 0 days
P&O Cruises may also cancel the Contract and give a full refund of monies paid, without paying any additional compensation, if the number of guests booked does not meet the minimum number required for the Package to proceed and P&O Cruises notifies the Guest of the cancellation of the Contract no later than: 20 days before the start of the Package in the case of Packages lasting more than 6 days; 7 days before the start of the Package in the case of Packages lasting between 2 and 6 days; 48 hours before the start of the Package in the case of Packages lasting less than 2 days. 42. The value of any cruise credit will be calculated by reference to the price actually paid for the cancelled Package and may only be used for other bookings with P&O Cruises. Any such new booking must be made by no later than 31 December of the year after the date of the original Package. Credit vouchers may be redeemed against the price of the new Package net of any discount available to the Guest at the time of booking. The compensation set out above does not exclude the Guest from claiming more if he/she is entitled to do so or from requesting that compensation be provided in a different form. No consequential costs or expenses or loss of profits will be payable.
46. In the event of P&O Cruises and/or the Master acting in accordance with clause 45 above, neither the Guest nor (at the sole discretion of P&O Cruises) any other person travelling with the Guest (whether or not under the same booking) shall be entitled to make a claim against P&O Cruises for any loss or expense incurred as a result of such action, whether for a full or partial refund of the price or for any other form of compensation or for the cost of returning to the United Kingdom or to any other place or for any other form of loss or expense whatsoever. Where the Guest is repatriated pursuant to this clause at P&O Cruises’ expense, P&O Cruises shall have the right to recover the cost of this. 47. If any Guest is denied the right to board an aircraft because, in the reasonable opinion of the Captain, the Guest is unfit to travel or represents a threat to the safety of the aircraft or its passengers or crew or is abusive or disruptive, P&O Cruises will not be liable to complete the Guest’s holiday arrangements and will not be liable to pay any refunds or compensation. If an aircraft is forced to make an unscheduled landing as a result of the conduct of any Guest, P&O Cruises shall have the right to recover the full cost thereof from the Guest. 48. For security reasons, it may be necessary at any time to search Guests and/or their luggage and goods and the Guest agrees to allow such search upon being so requested by the Master or any other authorised person. 49. The Guest must not bring on board the ship any goods or articles of an inflammable or dangerous nature, nor any controlled or prohibited substance, nor any animals. To do so shall be a breach of these Conditions and shall render the Guest strictly liable to P&O Cruises for any injury, loss, damage or expense and the Guest shall compensate P&O Cruises in full for any loss, damage or expense suffered by P&O Cruises as a result of such breach. The Guest may also be personally liable to statutory penalties. The Master (or any other officer delegated for the purpose) shall be entitled at all times to enter and search the cabin and personal luggage (whether or not in the cabin) of any Guest whom the Master reasonably believes may be in breach of this clause. Where the Guest is found to be in breach of this clause, P&O Cruises and/ or the Master of the ship shall be entitled to exercise any of the powers conferred by clause 45 and clause 46 shall apply. Without limiting the foregoing, the Guest shall be liable for any and all losses and fines caused by their actions in regards to illegal dumping or pollution of any kind, including discharge of any item into the ocean and/or waterways. 50. Any crew member or other person authorised by P&O Cruises shall be entitled to enter a Guest’s cabin to carry out necessary inspection, maintenance or repair work or for any purpose associated therewith.
ALTERATION AND CANCELLATION BY P&O CRUISES AFTER DEPARTURE
43. After departure, P&O Cruises does not guarantee that the ship will call at every port on the itinerary or follow every part of the advertised route or schedule or that every part of the Package will be provided. P&O Cruises reserves the absolute right to decide whether or not to omit any such port(s) and/or to call at additional ports and/or to change the advertised route, schedule or Package. If P&O Cruises is unable to provide a significant proportion of the Package, it will make suitable alternative arrangements, at no extra cost to the Guest, for the continuation of the Package. If the Guest does not accept them, for good reasons, or if it is impossible to make suitable alternative arrangements P&O Cruises will, where appropriate, provide the Guest with transport back to the place of departure or to another place to which P&O Cruises and the Guest have agreed. In both cases P&O Cruises will, where appropriate, compensate the Guest. P&O Cruises accepts responsibility for providing all the elements of the advertised Package but if it fails to do so, the Guest must inform P&O Cruises without undue delay if it considers that any of the Travel Services have not been performed in accordance with the Contract. Failure by the Guest to notify P&O Cruises about any lack of conformity of the Package may be taken into account when determining any price reduction or compensation for damages where such notice would have avoided or reduced the damage. P&O Cruises shall remedy any lack of conformity of the Travel Services under the Contract raised by the
54
55
Made with FlippingBook - professional solution for displaying marketing and sales documents online