39. It may be possible for the Passenger to re-claim these cancellation charges (less any applicable excess) under the terms of the Passenger’s insurance policy. Claims should be submitted to the appropriate insurer. After departure, if the Passenger disembarks whether by reason of sickness or any other reason the Passenger will not be entitled to a refund of a proportion of the Package not used. Alteration and cancellation by Cunard prior to departure 40. Whilst Cunard 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 Cunard will not be significant and Cunard has the right to make such alterations without paying the Passenger compensation. Any alterations made by Cunard 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 Passenger the right to compensation or the right to cancel the Package without charge. Cunard, 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. Cunard will inform the Passenger or their 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 Cunard makes a significant alteration to the Package the Passenger will have the choice of either accepting the alteration, accepting an offer of an alternative Package of comparable standard if available (Cunard will refund any fare difference if the alternative is of a lower value) or cancelling the Package and receiving a full refund of all monies paid. The Passenger recognises and agrees that it will not normally be possible for Cunard 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 Cunard will do its best to provide a suitable alternative Package of similar duration and value. The Passenger must notify Cunard 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 Passenger cancels the Package in the circumstances set out in clause 40 or if Cunard cancels the Package, the Passenger 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 Passenger). Period of notification given by Cunard Compensation per full fare paying Passenger 90 to 43 days 5% cruise credit 42 to 29 days 10% cruise credit 28 to 15 days 15% cruise credit 14 to 0 days 20% cruise credit Cunard may also cancel the Contract and give a full refund of monies paid, without paying any additional compensation, if the number of passengers booked does not meet the minimum number required for the Package to proceed and Cunard notifies the Passenger 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 fare actually paid for the cancelled Package and may only be used for other bookings with Cunard. 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 fare of the new Package net of any discount available to the Passenger at the time of booking. The compensation set out above does not exclude the Passenger 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. Alteration and cancellation by Cunard after departure 43. After departure, Cunard 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. Cunard 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 Cunard is unable to provide a significant proportion of the Package, it will make suitable alternative arrangements, at no extra cost to the Passenger, for the continuation of the Package. If the Passenger does not accept them, for good reasons, or, if it is impossible to make suitable alternative arrangements Cunard will, where appropriate, provide the Passenger with transport back to the place of departure or to another place to which Cunard and the Passenger have agreed. In both cases Cunard will, where appropriate, compensate the Passenger. Cunard accepts responsibility for providing all the elements of the advertised Package but if it fails to do so, the Passenger must inform Cunard without undue delay if it considers that any of the Travel Services have not been performed in accordance with the Contract. Failure by the Passenger to notify Cunard about any lack of conformity of the Package may be taken into account when determining any fare reduction or
compensation for damages where such notice would have avoided or reduced the damage. Cunard shall remedy any lack of conformity of the Travel Services under the Contract raised by the Passenger 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 Cunard 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 Cunard shall have no liability whatsoever in respect of any such delay. Security, safety and support 45. Passengers 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 excursion, and the Passenger expressly agrees to this. Cunard 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 onboard may not be available for part or all of the cruise and Passenger will be required to follow any guidance provided by Cunard, the Master or 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 Passenger’s conduct, behaviour or health is such as to be a breach of this requirement or the Passenger’s behaviour, health or conduct is likely to endanger the Passenger’s own health or safety or that of any other Passenger or crew or may make the Passenger likely to be refused permission to go ashore at any port or may make Cunard liable for the costs of any medical treatment and/ or maintenance and support and/or repatriation, then Cunard 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 Passenger at any particular port or other place of call; ◆ disembark the Passenger; ◆ transfer the Passenger to another berth; ◆ confine the Passenger to a particular stateroom or to the ship’s medical centre; ◆ through the ship’s doctor and/or his staff, administer any drug, medicine or other substance of a similar nature, or admit and/or confine the Passenger to a hospital or any similar institution at any port as the ship’s doctor may consider necessary; ◆ remove the Passenger from the hotel, if appropriate; ◆ repatriate the Passenger to the United Kingdom. 46. In the event of Cunard and/or the Master acting in accordance with clause 45 above, neither the Passenger nor (at the sole discretion of Cunard) any other person travelling with the Passenger (whether or not under the same booking) shall be entitled to make a claim against Cunard for any loss or expense incurred as a result of such action, whether for a full or partial refund of the fare 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 Passenger is repatriated pursuant to this clause at Cunard’s expense, Cunard shall have the right to recover the cost of this. 47. If any Passenger is denied the right to board an aircraft because, in the reasonable opinion of the Captain, the Passenger is unfit to travel or represents a threat to the safety of the aircraft or its passengers or crew or is abusive or disruptive, Cunard will not be liable to complete the Passenger’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 Passenger, Cunard shall have the right to recover the full cost thereof from the Passenger. 48. For security reasons, it may be necessary at any time to search Passengers and/or their luggage and goods and the Passenger agrees to allow such search upon being so requested by the Master or any other authorised person. 49. The Passenger 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 Passenger strictly liable to Cunard for any injury, loss, damage or expense and the Passenger shall compensate Cunard in full for any loss, damage or expense suffered by Cunard as a result of such breach. The Passenger 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 stateroom and personal luggage (whether or not in the stateroom) of any Passenger whom the Master reasonably believes may be in breach of this clause. Where the Passenger is found to be in breach of this clause, Cunard 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 Passenger 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 Cunard shall be entitled to enter a Passenger’s stateroom to carry
out necessary inspection, maintenance or repair work or for any purpose associated therewith. Complaints 51. Any problem which arises during a holiday must be raised by the Passenger at the time with a representative of Cunard. If the problem is not resolved to the full satisfaction of the Passenger during the holiday, it is essential that to enable the complaint to be investigated properly it must be notified to Cunard at the earliest opportunity thereafter and in any event no later than 28 days after the Passenger’s return from the Package. Failure to report the complaint within this time may adversely affect Cunard’s 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 Cunard in writing within two months of the date on which the service was performed. Within one month, Cunard shall respond to the Passenger that the Passenger’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 Cunard 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. Cunard limits its liability, where applicable, by the conventions referred to in clauses 55 to 60 inclusive. In any event, Cunard 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 Passenger; 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, Cunard’s liability for improper performance of the Contract shall be limited to a maximum of three times the fare which the Passenger affected paid for the Package (not including insurance premiums and amendment charges) and Cunard 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 Cunard. Cunard will ensure that the Passenger is informed of the identity of the air carrier once it has been finalised and details of likely carriers are contained in the brochure. Cunard does not use any carrier on the EU banned carrier list, available via our website. The liability of Cunard will not exceed that of any carrier. 55. Carriage of Passengers 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 Cunard may be liable as a non-performing air carrier to Passengers 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 Cunard and a Passenger) 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 Cunard may have any liability to the Passenger in respect of carriage by air, it shall be determined accordingly. Copies of these conventions are available from Cunard 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 Cunard 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 Passenger unless written notice is given to Cunard (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
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