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THE GALLIPOLI CRUISE 2015
THE GALLIPOLI CRUISE SHIP:
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GALLIPOLI CRUISE 2015 TERMS & CONDITIONS
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CARRIER'S STANDARD CONDITIONS OF CARRIAGE
You must carefully read the Conditions of Carriage which set out your rights,
responsibilities and limitations to make claims against the carrier, its
servants and/or agents. The Carrier's liability is limited as set out in Clause
23.
Upon signing the Booking Form overleaf and payment in full of the passenger fare
applicable at final payment, a contract (the "CONTRACT") will come into
existence. These Conditions of Carriage set out the terms that govern the
relationship, responsbilities and liabilities as between the Passenger and the
Carrier and are BINDING ON THE PARTIES. The Passenger has entered into a Passage
Contract with Gallipolli Cruise 2015 Crociere SA ("Organiser") and these
conditions have been incorporated into the Passenger's contract with the
Organiser. These Terms and Conditions of Carriage will also apply where the
vessel is being used as a floating hotel whether or not there is a Passage
Contract and whether or not there is any carriage. The Carrier reserves the
right to amend, modify or change the Conditions of Carriage at anytime without
prior notice.
1. CONSTRUCTION AND DEFINITIONS
"PASSAGE CONTRACT" means a contract the Passenger has entered into with the
Organiser, the terms of which are evidenced by the Booking Conditions which
incorporate these terms.
"LUGGAGE" means any baggage, packages, suitcases, trunks or other personal items
belonging to or carried by any passenger, including cabin luggage, hand luggage
and articles worn by or carried on the persons of the passenger or deposited
with the purser for safe custody.
"VESSEL" means the Vessel named in the relevant passage contract or any
substituted vessel owned or charterered or operated or controlled by the
carrier.
"SHORE EXCURSION" means any excursion offered for sale by the Carrier for which
a separate charge is payable whether booked prior to commencement of the cruise
or onboard the vessel.
2. NON-TRANSFERABILITY AND AMENDMENT
("The Carrier") agrees to transport the person named in the Ticket ("the
Passenger") on the specific Voyage ("the Voyage") on named or substitute
vessels. The Passenger agrees to be bound by all its terms, conditions and
limitations. All prior oral and/or written agreement is superseded by these
conditions. These Conditions of Carriage cannot be amended without written and
signed consent from The Carrier or its authorised representative. The Passage
Contract issued by the Organiser is valid only for the Passenger or Passengers
names on the signed booking form for the date and Vessel indicated or any
substitute vessel and is not transferable.
3. PARTIES DEFINED
All references to "PASSENGER" singular shall include the plural. Passenger
includes the purchaser of the Passage Contract and any person or persons named
on the relevant passage ticket including Minors.
"CARRIER" means the Owner and/or Charterer whether Bare Boat/Demise Charter,
Time Charterer, Sub-Charterer or operator of the vessel to the extent that each
of them acts as Carrier or performing Carrier.
The term "The Carrier" includes CI Cruises International S.A., its agents,
servants, the carrying vessel ("the Cruise Ship"), its owner, charterer,
operator, any tenders or other means of transport provided by The Carrier to the
Passenger.
The "MASTER" is the Captain or person in charge of the carrying Vessel at any
given point and commanding of the Cruise Ship.
"ORGANISER" is the party with which the Passenger has entered into a contract
for the cruise and/or package on Package Travel, Package Holidays and Package
Tours which includes the cruise onboard the Vessel or other equivalent.
"MINOR" means any child including infants under the age of 18.
4. OCCUPATION OF BERTHS AND CABINS
A Passenger shall not have the right to exclusive occupancy of a cabin with two
(2) or more berths unless he has paid supplement for exclusive occupation. The
Carrier reserves the right to transfer the Passenger from one cabin to another
and adjust the Fare accordingly. The Master or the Carrier may if advisable or
necessary at any time transfer a Passenger from one berth to another.
5. MAINTENANCE DURING DELAY OR OVERSTAYING
5.1 Passengers who remain onboard after the arrival of the Vessel at its final
Port of destination and after Passengers have been asked to disembark, will be
required by the Carrier to pay for their maintenance at current rates for every
night they remain onboard.
6. PREMATURE TERMINATION OF THE CRUISE
6.1 At any time before or after commencement of the voyage and whether or not
the Vessel may have deviated or have proceeded beyond the port of destination,
the Carrier may by notice in writing to the Passenger or by advertising in the
press or by any other suitable means terminate the cruise if the performance or
further performance is hindered or prevented by causes beyond the control of the
Carrier or if the Master or the Carrier consider that such termination is
necessary for the management and/or safety of the vessel.
6.2 If the voyage is so terminated then the Carrier will not have any liability
to the Passenger whose sole remedy will be against the Organiser pursuant to or
equivalent legislation and/or the Passage Contract.
7. DEVIATIONS, CANCELLATIONS AND DELAYS
7.1 The Vessel's operation is subject to weather conditions, mechanical
problems, vessel traffic, government intervention, duty to assist other vessels
in distress, availability of berth facilities, and other factors which may be
beyond The Carrier's control.
7.2 The Carrier does not guarantee that the Vessel will call at every advertised
port or follow any particular route or time schedule. The Master and The Carrier
shall have an absolute right to change or substitute the advertised schedule,
ports, itinerary or route, or substitute other ships, without notice. If a
scheduled port of embarkation is substituted, The Carrier shall determine and
arrange transportation to the substituted port at no extra expense for the
Passenger.
7.3 Before the Voyage begins, The Carrier has the right to cancel the Voyage for
any reason without notice if it considers that it is necessary to do so for the
safety of the Vessel, or persons onboard.
7.4 The Carrier or the Master shall have the liberty to comply with any Order or
Directions as to departure/arrival routes, ports of call, stoppages,
trans-shipment, discharge or destination or otherwise given by any government or
any department or by any person acting or purporting to act with the authority
of any government or any department thereof or by any war risks insurance
association working under any government scheme in which the Vessel may be
entered. Nothing done or not done under such orders or directions shall be
deemed a deviation in law.
7.5 Any dates and/or times specified in any timetables or otherwise which may be
issued by the Organiser and/or the Carrier are only approximate and may be
altered by the Carrier at any time and to such extent as is considered necessary
in the interest of the voyage as a whole.
7.6 If the Vessel shall be prevented or hindered by any cause whatsoever from
sailing or proceeding in the ordinary course the Carrier is entitled to transfer
the Passenger either to any other similar Vessel or with the consent of the
Passenger to any other means of transportation bound for the Passenger's place
of destination.
8. EXTRA CHARGES
8.1 The Passenger shall pay in full all charges for goods and services incurred,
or incurred by The Carrier on his behalf, before the end of the Voyage in any
currency in general use onboard at the time of payment.
8.2 Alcoholic beverages, cocktails, soft drinks, mineral water, casino
participation, selected meals dependent on restaurants and vessels, personal
items including phone, laundry, spa treatments, shopping, additional services,
medical expenses, any independent contractor services or products, shore
excursions or any fees, charges or taxes imposed by any government agency shall
be extra charges.
9. TRAVEL DOCUMENTS
9.1 The Passenger is responsible for and shall comply with any governmental
travel requirements, laws or regulations for all ports of call on the Vessel's
itinerary. All Passengers must present for inspection the Ticket and Contract, a
valid Passport and any visa, entry or exit permit, required by any port on the
Vessel's itinerary.
9.2 The Passenger, or if a Minor, his 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.
9.3 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 as to any documentation, which is checked. Passengers are
strongly advised to check for all legal requirements for travelling abroad and
at the various ports to include the requirement of visas, immigration, customs
and health.
10. SECURITY
10.1 The Passenger shall present himself for boarding at least two (2) hours
before scheduled departure to complete any pre-boarding procedures and security
inspections.
10.2 For security reasons, the Passenger agrees that agents of The Carrier may
search the Passenger, his luggage, and any accompanying property.
10.3 The Carrier shall have the right to confiscate any articles carried or
contained in any luggage which The Carrier, in its sole discretion, considers
dangerous or pose risk or inconvenience to the security of the Vessel or persons
on board.
10.4 Passengers are prohibited from bringing on board any articles that can be
used as a weapon, explosives, illegal or dangerous goods.
10.5 The Carrier reserves the right to search any cabin, berth or other part of
the Vessel for security reasons at any time.
11. HEALTH AND FITNESS TO TRAVEL
11.1 The Passenger warrants that he is fit to travel by sea and that his conduct
or condition will not impair the safety of the Vessel or inconvenience the other
Passengers.
11.2 Any passenger with a condition that may affect his fitness to travel must
submit a physician's certificate prior to departure.
11.3 If it appears to The Carrier, the Master or the Vessel's Doctor that a
Passenger is for any reason unfit to travel, likely to endanger health or
safety, or likely to be refused permission to land at any port, or likely to
render The Carrier liable for Passenger maintenance, support or repatriation,
then The Carrier or the Master shall have the right to take any of the following
courses: (i) Refuse to embark the Passenger at any port; (ii) Disembark the
Passenger at any port; (iii) Transfer the Passenger to another berth or cabin;
(iv) If the Vessel doctor considers it advisable, to place him/or confine him in
the Vessel's Hospital or to transfer the Passenger to a health facility at any
port, at the Passenger's expense (v) To administer first aid and 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 the ship's
doctor and/or Master considers that any such steps are necessary.
11.4 Where a Passenger is refused embarkation as a result of health and/or
fitness to travel, the Carrier shall not be liable for any loss or expense
occasioned to the Passenger thereby, nor shall the Passenger be entitled to any
compensation from the Carrier.
11.5 The Vessel has a limited number of cabins equipped for disabled persons.
Not all areas or equipment on the Vessel are accessible to disabled persons or
suitable for access to disabled persons. Infirmed passengers or passengers with
wheelchairs may not be able to go ashore at ports where vessels do not berth
alongside the dock.
11.6 The Carrier reserves the right to refuse passage to anyone who has failed
to notify it of such disabilities or who in the Carrier's and or Master's
opinion is unfit or unable to travel or anyone whose condition may constitute a
danger to themselves or others onboard.
11.7 Passengers who need assistance and/or have special requests or need special
facilities or equipment must notify the Organiser at the time of booking. The
Carrier is not obliged to provide any assistance or meet special requests unless
the Carrier has agreed to do so in writing.
11.8 Those Passengers confined to wheelchairs must furnish their own standard
size wheelchairs and must be accompanied by a travelling companion fit and able
to assist them. The ship's wheelchairs are available for emergency use only.
11.9 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, disease, injury or infirmity bodily or mental 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, safety or reasonable comfort of
other persons onboard 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, infirmity, exposure or refusal or permission to land
unless in the case of sickness, disease, injury, infirmity or exposure the same
has been declared in writing to the Carrier or the Master before embarkation and
consent in writing of the Carrier or the Master to such embarkation has been
obtained.
11.10 Pregnant women are highly recommended to seek medical advice prior to
travel at any stage of their pregnancy. Women up to 28 weeks pregnant at the end
of the cruise are required to produce a medical certificate of fitness to
travel. The Carrier cannot for health and safety reasons carry pregnant
Passengers of 28 weeks or more at the time of embarkation. 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.
11.11 Failure to inform the Carrier and the Vessel's doctor of pregnancy will
release the Carrier from any liability to the pregnant Passenger.
11.12 The ship's doctor is not qualified to delivery babies onboard or to offer
pre or post natal treatment and no responsibility is accepted by the Carrier in
respect of the ability to provide such services or equipment. Pregnant
Passengers are referred to the section 17 herein headed medical treatment for
information regarding the medical facilities onboard.
12. PASSENGER'S CONDUCT
12.1 The health and safety of the Vessel and all those onboard is of paramount
consideration. Passengers must pay attention to and comply with all regulations
and notices relating to the safety of the Vessel, her crew and passengers, the
terminal facilities and immigration requirements.
12.2 Passengers must at all times conduct themselves in a manner which respects
the safety and privacy of other persons onboard.
12.3 Passengers must comply with any reasonable request made by any member of
staff, the Master or his officers.
12.4 All Passengers must take care for their safety whilst walking on outside
decks. Passengers and children should not run around the decks or other parts of
the Vessel.
12.5 Passengers' luggage must not be left unaccompanied at any time.
Unaccompanied luggage may be removed and/or destroyed.
12.6 The Passenger shall not bring onboard the Vessel any goods or articles of
an imflamable or dangerous nature, nor any controlled or prohibited substance.
Breach of these conditions and regulations shall render the Passenger strictly
liable to the Carrier for any injury, loss, damage or expense and/or to
indemnify the Carrier against any claim, final penalty arising from such breach.
The Passenger may also be liable for statutory fines and/or penalties.
12.7 In order to ensure our health and security standards it is strictly
forbidden to bring food and beverage onboard the vessels of our fleet. In
compliance with this regulation and in order to guarantee the above standards,
during embarkation a careful check control will be carried out through all
passengers luggage. The items that are allowed are: Personal hygiene products
like toothpaste, cleansing products, lotions, fluid medications for therapeutic
use, baby gear and baby food items, dietary items: prescribed by a physician.
Any local or " typical " food item purchased during the cruise in any port of
call will be collected and returned at the end of the cruise.
12.8 The Passenger will in any event be liable for any injury loss or damage
occasioned by the breach and must indemnify the Carrier against any claim in
respect thereof.
13. ANIMALS/PETS
13.1 Animals and/or pets are not allowed onboard the Vessel under any
circumstances without the Carrier's permission in writing. Any such animals or
pets brought onboard by the Passenger without permission will be taken into
custody and arrangements will be made for the animal to be landed at the next
port of call at the Passenger's sole expense.
13.2 Whilst the Carrier and/or its Servants and/or Agents will take such care as
is reasonable in all the circumstances in relation to the pet or animal, neither
the Master or Carrier is liable to the Passenger in respect of any loss of
injury to the pet or animal whilst in the Carrier's possession/custody.
14. LIQUOR
14.1 Liquor, including wines, spirits, beer or other liquers are available for
purchase onboard the vessel at fixed prices. Passengers are not permitted to
take onboard any such liquors for use during the voyage, whether for consumption
in their own cabins or otherwise.
14.2 The Carrier and/or its Servants and/or Agents may conviscate alcohol
brought onboard by Passengers.
14.3 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 nuisance to himself, other passengers
and/or the Vessel.
15. MINORS
15.1 The Carrier does not accept unaccompanied Minors. Minors will not be
allowed to embark unless they are accompanied by a parent or guardian. Adult
Passengers travelling with a Minor shall be fully responsible for that Minor's
conduct and behaviour. Minors may not order or consume alcoholic beverages or
participate in gambling.
15.2 Minors onboard must be supervised by a parent or guardian at all times and
are welcome at the activities onboard or at shore excursions provided that a
parent or guardian is present. Children cannot remain onboard if their parents
or guardians go ashore.
15.3 The adult passengers 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 Passenger or Minor.
15.4 Minor Passengers are subject to all the terms contained in the Conditions
of Carriage.
16. MEDICAL SERVICES BY INDEPENDENT CONTRACTORS
16.1 Medical services are available on board the vessel as a convenience to the
Passenger. The Vessel's doctor and medical personnel are independent contractors
and are entitled to charge Passengers for hospitalisation, any medical services
and medicines provided. The Vessel's doctor and medical personnel are not under
the Master's control for treating Passengers, and The Carrier shall not be
liable in any way for medical services or medicines provided or not provided.
16.2 Medical facilities onboard and in the various ports of call may be limited.
The Carrier shall not be liable in any way for referring guests ashore for
medical services or for the actual medical services rendered ashore. 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 doctor, the Passenger concerned shall be liable for the full
charge or cost thereof and shall indemnify the Carrier upon first deman of any
costs incurred by the Carrier, its Servants or Agents. Passengers who by reason
of illness or through any other cause require special or extra accommodation or
special or extra attention during the course of the voyage will be charged
accordingly.
17. MEDICAL TREATMENT
17.1 It is the Passenger's obligation and responsibility to seek medical
assistance from the qualified doctor onboard the Vessel as and when necessary
during the cruise.
17.2 The cruise 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 Vessel carries medical supplies and equipment as required by its
flag state. Neither the Carrier nor the doctor is liable to the Passenger as a
result of any inability to treat any medical condition as a result.
17.3 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.
17.4 Passengers are advised to ensure that their insurance covers medical
treatment.
17.5 The Carrier accepts no responsibility whatsoever in relation to medical
facilities provided ashore.
17.6 Medical facilities and standards vary from port to port and makes no
representations or warranties in relation to such standards.
18. OTHER INDEPENDENT CONTRACTORS
The Vessel carries on board service providers who operate as independent
contractors. Their services and products are charged as extras. The Carrier is
not responsible for their performance or products. These contractors may
include, hairdresser, manicurist, masseuse, photographer, entertainer, fitness
instructors, shopkeepers and others providing services. The limitations referred
to in clauses 23 shall apply to all independent contractors.
19. TRAVEL PACKAGES AND SHORE EXCURSIONS
Hotel accommodation and all transport (other than The Carrier's Cruise Ship)
included in Package Tours or Shore Excursions, are operated by independent
contractors even if sold by Agents or Organisers on board the Vessel. "Package"
shall have the same meaning as contained in the European Union and Council
directive of 13 June 1990 on Package Holidays and Package Tours (90/314/EEC).
The Carrier shall not be responsible in any way for the conduct, products or
services provided by such independent contractors.
20. PASSENGER'S LUGGAGE AND PERSONAL PROPERTY
20.1 Each Passenger is permitted to carry on board the Vessel, two (2) suitcases
and two (2) pieces of hand luggage. The Passenger agrees to pay The Carrier's
current rate for any excess luggage.
20.2 Passenger's luggage and property shall include only personal belongings,
and any commercial property shall be subject to an additional charge.
20.3 The Carrier shall not be responsible for any fragile or perishable property
carried by the Passenger.
20.4 No animals or birds are permitted on board, except assistance dogs licensed
to Passengers with disabilities providing The Carrier has given its separate
consent at the time the Ticket was purchased. The Passenger shall have full
responsibility for such dogs.
20.5 Passengers with their own wheel chairs must check that suitable
accommodations are available at the time of booking, and a written addendum is
signed by the Passenger and Company and is added to the Ticket and Contract. The
Passenger agrees to, and should arrange for another Passenger to assist him
during the Voyage.
20.6 All luggage must be securely packed and distinctly labelled. The Carrier
shall not be liable for loss, damage or delay in delivery of any luggage, if
luggage is not sufficiently labelled.
20.7 The Carrier shall not be liable for loss or damage to Passenger's luggage
or property while in the custody or control of stevedores or other independent
shore side contractors.
20.8 All luggage must be claimed upon arrival of the Vessel at final port or it
will be stored at Passenger risk and expense.
20.9 The Passenger shall not be liable to pay or receive any General Average
contribution in respect of baggage or personal effects or property.
20.10 The Carrier shall have a lien upon and the 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 been become due by the Passenger to the Carrier
or to its Servants, Agents or Representatives.
21. PASSENGERS' LIABILITY FOR DAMAGE
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 wilful or negligent act or omission by the Passenger or
any person for whom the Passenger is responsible including, but not limited to,
children under the age of 18 travelling with a Passenger.
22. FORCE MAJEURE & EVENTS BEYOND THE CARRIER'S CONTROL
The Carrier shall not be liable for any loss, injury, damage, or inability to
perform the Voyage arising from any Force Majeure circumstances such as, but not
limited to: war, terrorism, actual or threatened, fire, natural disasters, Acts
of God, labour strikes, bankruptcy, failure of subcontractors to perform, or any
other events beyond The Carrier's control and or any events which are unusual
and/or unforeseeable.
23. LIABILITY
The liability (if any) of The Carrier for damages suffered as a result of death
or personal injury to the Passenger, or loss or damage to luggage shall be
subject to the following limitations and shall be determined in accordance with
the following:
23.1 The International Convention relating to the Carriage of Passengers and
their luggage by Sea, adopted in Athens on 13 December 1974 and its 1976
Protocol, (the "Athens Convention") shall apply. The provisions of the Athens
Convention are hereby expressly incorporated into the Terms and Conditions of
Carriage. A copy of the Athens Convention is available on request. You may
download a copy from the internet at www.imo.org (i)The Carrier shall be
entitled to the benefit of all the limitations, rights and immunities provided
by the Athens Convention including the full deductible under Aricle 8(4) of the
Athens Convention. (ii)The liability of The Carrier for death, personal injury
or illness to the Passenger shall not exceed 46.666 Special Drawing Rights ("SDR")
as provided and defined in the Athens Convention 1976 Protocol. (iii) Liability
of The Carrier for loss of or damage to Passenger's luggage or other property
shall not exceed 833 SDR per Passenger. It is agreed that such liability of The
Carrier shall be subject to a deductible of 13 SDR per Passenger, such sum to be
deducted from the loss or damage to luggage or other property. The Passenger
understands that the conversion rate of SDR's fluctuates daily and may be
obtained from a bank (IV). If any provision of these Conditions of Carriage are
rendered null and void by the Athens Convention, such invalidity shall be
limited to the particular clause and not to the Conditions of Carriage.
23.2 The Carrier's liability in relation to death and/or personal injury is
limited and shall in no circumstances whatsoever exceed the limits of liability
set out under the Athens Convention.
23.3 The Carrier will only be liable in relation to death and/or personal injury
and/or loss of 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 Convention. The limits of liability under the Terms of the Convention shall
be applicable to the Carrier's Servants and/or Agents and/or Independent
Contractors in accordance with Article 11 of the Convention. Any damages payable
by the Carrier shall be reduced in proportion to any contributory negligence by
the Passenger as provided in Article 6 of the Athens Convention.
23.4 It is presumed under the Athens Convention that the Carrier has delivered
luggage 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
fifteen days from the disembarkation or delivery or of the date that such
delivery should have taken place.
23.5 If the carriage provided hereunder is not "international carriage" as
defined in Article 2 of the Athens Convention or the Vessel is being used as a
floating hotel, the remaining provisions of the Athens Convention shall apply to
this contract and be deemed to be incorporated herein mutatis mutandis.
23.6 The Carrier shall not be liable for loss or damage to any valuables such as
monies, negotiable securities, precious metal items, jewelry, art, cameras,
computers, electronic equipment, or any other valuables unless they are
deposited with The Carrier for safe-keeping, and a higher limit is agreed
expressly and in writing at the time of deposit, and an extra charge is paid by
the Passenger for declared value protection. (ii) Extra charges are: 1 % of
declared value for a Voyage 1 to 7 days; 2% of declared value for a Voyage 8 to
21 days; 3% of declared value for a Voyage 22 days and over. If the value of any
luggage or property is misrepresented, The Carrier's liability for loss or
damage to the property shall not exceed U.S. $100. (iii) The Carrier and
Passenger agree not to demand any security from the other in connection with a
claim of any kind. The Passenger waives the right to arrest the Cruise Ship or
to attach any other asset owned, chartered or operated by The Carrier. If the
Cruise Ship is arrested or attached, then the ship and The Carrier shall have
the right to any limitation and all defences available herein.
23.7 In addition to the restrictions and exemptions from the liability provided
in the Conditions of Carriage, the Carrier shall have full benefit of any
applicable laws providing for limitation and/or exhoneration of liability
(including without limitation, law and/or the laws of the Vessel's flag in
respect of/or the global limitation on damages recoverable from the Carrier).
Nothing in these Conditions of Carriage is intended to operate to limit or
deprive the Carrier of any such statutory or otherwise limitation or
exhoneration or liability. The Organiser, and the Servant and/or Agents of the
Carrier shall have the full benefit of all such provisions relating to the
limitation of liability.
23.8 Without prejudice to the provisions of 23.1 to 23.7 above, 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 enforceable then the Carrier shall not be liable for death, injury,
illness, damage, delay or other loss or detriment to any person or property
arising out of any cause of whatsoever nature which has not been shown to have
been caused by the Carrier's own negligence or fault.
23.9 Subject to this clause, all warranties, including warranties of fitness for
use and merchantability, are expressly excluded.
23.10 Nothing contained in this Contract shall be read or applied so as to
purport to exclude, restrict or modify or have the effect of excluding,
restricting or modifying the application in relation to the supply of any goods
or services pursuant to this Contract or any documentation issued in connection
with it, of all or any of the provisions of Part V in the Trade Practices Act
1974 (Commonwealth) of Australia or any other Australian legislation, the effect
of which by law cannot be excluded, restricted or modified.
23.11 The Company's liability for breach of any warranties implied into this
Contract by the Trade Practices Act 1974 (Commonwealth), is limited to the cost
of providing goods or services provided for under this Contract again.
24. EMOTIONAL/DISTRESS
No compensation is payable by the Carrier to any Passenger for any emotional
stress and/or mental anguish for any reason whatsoever. No compensation is
payable by the Carrier for psychological injury of any kind save where legally
recoverable against the Carrier as a result of any injury caused by an accident
due to the fault or neglect of the Carrier.
25. SHORE EXCURSIONS
The Terms and Conditions of Carriage, including limitation of liability are
applicable to the shore excursions purchased, whether in the form of a ticket
coupon or voucher, whether prior to embarkation or from the Carrier after
embarkation.
26. APPLICABLE LAW
The applicable law for these Conditions of Carriage shall be Australian law.
27. JURISDICTION
27.1 For all claims against the Carrier shall be brought in and be subject to
the exclusive jurisdiction of the Courts of Adelaide, Australia.
28. NOTICES OF CLAIMS
28.1 The Carrier shall be under no liability whatsoever in respect of any claim
arising from an accident which was not reported by the Passenger to the Master
whilst onboard the Vessel.
28.2 Notices of claim for death, illness, emotional stress or personal injury,
with full particulars in writing shall be given to The Carrier and the Vessel
within six (6) months (185 days) after the date such death, injury, or illness
occurring. Such notice shall be sent by registered mail to:
CLAIMS DEPARTMENT
Gallipoli Cruise 2015
18 - 28 Main Street, MAWSON LAKES SA
28.3 Notices of Claim for loss or damage to luggage or other property shall be
given to The Carrier in writing before or at the time of disembarkation, or if
not apparent, within fifteen (15) days from the date of disembarkation. Notice
shall be sent by registered mail to the address in Clause 28.2 above.
29. TIME LIMITS FOR FILING SUIT
29.1 All claims against The Carrier or the Cruise Ship for death, illness,
emotional stress or personal injury to a Passenger or for loss or damage to
luggage or other property shall be time barred as follows: All claims shall be
time barred after two (2) years from the date of disembarkation as provided by
Article 16 of the Athens Convention. For claims involving a Passenger under age
18 or an incompetent person, time shall be calculated from the date of the
appointment of a legal representative. In such cases, such appointment must in
any case be made within three (3) days after such injury or death.
29.2 All other actions, including any tort or breach of contract against The
Carrier and the Vessel not involving personal injury or death, shall be time
barred after six (6) months (185 days), from the Passenger's disembarkation.
PAYMENT
30.1 Once you have decided on your holiday, we will need a deposit to secure
your booking. It is essential that deposits are received by us within 3 working
days from when the booking is made. If payment is not received within this time,
our system will automatically cancel your booking.
Full Fare Saver Fare
Time of payment Payment Time of payment Payment
Deposit Amount 10% of total price Deposit Amount 10% of total price
24 months 25% of total price 24 months 50% of total price
12 months 50% of total price 18 months 75% of total price
6 months 100% of total price 12 months 100% of total price
31. TRAVEL INSURANCE
31.1 We strongly recommend you purchase appropriate international travel
insurance at the time you pay your deposit. If you do not purchase travel
insurance you will not be able to claim for any cancellation charges, medical
costs, repatriation and other expenses that may arise if things do not go
according to plan.
32. CANCELLATION & REFUND
32.1 Although we would love to see you on board, we understand that plans can
change. Should you need to cancel your holiday, we ask that you notify us at
your earliest convenience. The refund or cancellation charge that will be
payable depends on the amount of notice you give us and the fare type you have
purchased as follows
Full Fare Saver Fare
Days prior to departure Cancellation charge Days prior to departure Cancellation
charge
30 months or more no charges 30 months or more no charges
30 months - 24 months 10% of total price 30 months - 24 months 10% of total
price
24 months - 12 months 25% of total price 24 months - 18 months 30% of total
price
12 months - 6 months 50% of total price 18 months - 6 months 50% of total price
6 months or less 100% of total price 6 months or less 100% of total price
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