Booking conditions
How we will use your data 71. In clauses 71 - 75 “you” means the Passenger. Cunard’s full Privacy Notice is available on our website at cunard. com/privacy, a copy may be requested during your telephone booking, or by contacting Guest Relations, Carnival House, 100 Harbour Parade, Southampton, SO15 1ST. Cunard processes personal data about enquirers and passengers before, during and after their Cruise to support its business needs. Cunard collects the personal data that you provide when you enquire, book or sail with Cunard. Your interactions with Cunard will result in personal data being created and stored by Cunard. Cunard may receive personal data from other individuals or third party organisations relating to you. Cunard analyses the personal data it holds in order to improve the effectiveness of its direct marketing communications or to deliver its loyalty programmes. Cunard does not process sensitive personal data about you except where there is a legal reason to do so. Cunard processes personal data about Minors to provide services when they are passengers on its ships, but does not seek to collect personal data about Minors for any other purpose. Cunard 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 Cunard’s 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, Cunard will collect personal data about you and other Passengers 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. Cunard needs this data to enter into a contract with you. If you provide Cunard 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 Cunard for the purposes set out in Clause 71, and will remain accountable for the information provided. It is the responsibility of the Passenger who is booking lead to ensure that personal data about the Passengers included in a booking is accurate and up to date. After you book a Cruise, you will be invited by email to access Cunard’s online service ‘My Cunard’ where you will need to provide additional personal data about you and other Passengers in your booking group. This additional mandatory personal data including passport, insurance and emergency contact details for you and other Passengers in your booking group is necessary to complete your booking. You may optionally book or purchase on-board products and services, excursions and other activities, which may require you to provide further personal data. Cunard 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. Cunard 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 Cunard 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. Cunard processes personal data about enquirers and passengers in the UK and on board its ships worldwide. Due to the ongoing global COVID-19 pandemic, Cunard 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 Cunard 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 Cunard’s 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 Cunard 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. Cunard 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. Cunard collect and process personal data in the European Union (EU) and worldwide depending upon how you interact with Cunard. Cunard may need to process your personal data worldwide, including on board its ships, depending upon the destinations you travel to, for example if Cunard 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 Cunard uses personal data about you. These rights include withdrawing consent to processing, accessing personal data Cunard 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 Cunard’s processing of personal data, you may contact Cunard’s Data Protection Officer at Carnival House, 100 Harbour Parade, Southampton, SO15 1ST, or email privacy@carnivalukgroup.com. If you are not satisfied with Cunard’s processing of personal data or how Cunard 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/.
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 the ship is being used as a floating hotel. The limits applicable to stateroom 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. Cunard is not liable in respect of the loss and/or damage to any valuables unless these have been deposited with the ship. Using the stateroom safe is not a deposit with the ship. Where deposited with the ship and unless a higher figure is agreed in writing, Cunard’s 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 Passenger 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 Passenger, 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 Passenger 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 http://ec.europa.eu/ transport/themes/passengers/maritime/doc/rights-in- case-of-accident.pdf 57. Any damages payable by Cunard 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 Passenger and by the maximum deductible specified in Article 8 (4) of the Athens Convention 1974. 58. Insofar as Cunard may be liable to a Passenger in respect of claims arising out of carriage by air or carriage by sea, Cunard 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. 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. 59. Insofar as the Cruise may be performed on a ship not owned by Cunard, it is agreed that Cunard shall at all 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 Cunard may incur to the Passenger 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 Cunard may have for any such losses will be limited to £500.00 per Passenger. Cunard shall not be liable for lost valuables including jewellery and/ or monies under any circumstances. Passengers 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 Cunard 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. Cunard 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 Cunard and the Passenger in respect of shuttle services). These may limit or exclude liability of the hotelier or the shuttle services operators. The liability of Cunard 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 Passenger, the Contract (or any other contract between Cunard and the Passenger 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. Cunard is not responsible for any improper or non-performance of such services 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 the services to be provided; or unavoidable and extraordinary circumstances. 63. Cunard does not include any shore excursions in the fare. Shore excursions do not form any part of a Package. Shore excursions may be reserved after a Package has been booked from a separate shore excursions brochure or online. Reservations may be made for a specified period prior to the Cruise commencing. Purchases may also be made onboard the ship. 64. Any shore excursions booked will be supplied by local operators. Cunard will at all times endeavour to appoint reputable and competent local operators who apply the local laws and regulations of the relevant country. Shore excursion operators are not Cunard’s servants, agents or suppliers. Cunard is not responsible for any acts or omissions which are wholly attributable to the fault of the local operators. Cunard does not operate, perform or otherwise organise and/or audit any shore excursions. All Passengers must ensure that they are fit and healthy to undertake shore excursions. All shore excursions are governed by the terms and conditions in the shore excursions brochure. 65. All employees, agents, contractors and their sub- contractors (including Suppliers as defined in clause 1), as well as all insurers of both Cunard and its Suppliers shall have the benefit of the same rights, defences, immunities and limitations available to Cunard under these Conditions. Actions, claims and time limits 66. Any action by a Passenger arising out of carriage by air or sea must be commenced within the time limit prescribed by the Warsaw Convention, the Montreal Convention, the Athens Convention 2002, EU regulation 392/2009, or the 2014 Regulations, as applicable. 67. If a court or tribunal applies any law other than English law, Cunard 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. Cunard is a Member of ABTA, membership number V8764. Cunard is obliged to maintain a high standard of service to Passengers by ABTA’s Code of Conduct. Cunard can also offer Passengers ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If Cunard can’t resolve a complaint, Passengers 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. Cunard provides full financial protection for all Packages. For flight-based Packages this is through Cunard’s Air Travel Organiser’s Licence number 6294. In the unlikely event of Cunard’s insolvency, the CAA will ensure that Passengers booked on flight-based Packages are not stranded abroad and will arrange to refund any money the Passenger has paid to Cunard for an advance booking. For further information visit the ATOL website at www.atol. org.uk. When a Passenger buys an ATOL protected flight or flight inclusive holiday from Cunard they will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where the Passenger can get information on what this means for them and who to contact if things go wrong. Cunard or the suppliers identified on the ATOL Certificate will provide the Passenger with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither Cunard or the suppliers are able to do so for reasons of insolvency, an alternative ATOL holder may provide the Passenger with the services it has bought or a suitable alternative (at no extra cost to the Passenger). The Passenger 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 Passenger under the Contract to that alternative ATOL holder. However, the Passenger also agrees that in some cases it may not be possible to appoint an alternative ATOL holder, in which case the Passenger will be entitled to make a claim under the ATOL scheme (or its credit card issuer where applicable). If Cunard, 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 Passenger under the ATOL scheme. The Passenger agrees that in return for such a payment or benefit the Passenger assigns absolutely to those Trustees any claims which the Passenger has or may have arising out of or relating to the non-provision of the services, including any claim against Cunard, the Passenger’s travel agent (or the Passenger’s credit card issuer where applicable). The Passenger also agrees that any such claims may be re-assigned to another body, if that other body has paid sums the Passenger has claimed under the ATOL scheme. 70. Not all Packages offered and sold by Cunard will be protected by the ATOL scheme. All non-fly Packages sold by Cunard in the UK are protected under the ABTA scheme of financial protection. In the unlikely event of Cunard’s insolvency, ABTA will ensure that Passengers booked on non-fly Packages are not stranded abroad and will arrange to refund any money paid to Cunard 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 Passengers should contact Cunard for confirmation of what protection may apply to their booking.
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