Princess Cruises 2018 - 2019

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; unusual and unforeseeable circumstances beyond the control of Princess and/or the relevant Supplier the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of force majeure; or any event which Princess and/or the relevant Supplier could not even with all due care have foreseen or forestalled. 48. For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in the clauses in this section, Princess’s liability for improper performance of the Contract shall be limited to a maximum of twice the fare which the Passenger affected paid for the Package (not including insurance premiums and amendment charges) and Princess shall have no liability for any loss of business or profits, loss of use or any other consequential or indirect loss or damage. 49. 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 Princess. Princess will ensure that the Passenger is informed of the identity of the air carrier once it has been finalised. Princess does not use any carrier on the EU banned carrier list, available via our website. The liability of Princess will not exceed that of any carrier. 50. 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 Princess 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 Princess and a Passenger) are expressly incorporated into these Conditions. The international air conventions may permit the carrier to limit its liability for deathandpersonal injury, lossofanddamage to luggageanddelay. Insofar as Princess 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 Princess on request. 51. 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 ofPrincess fordeathorpersonal injuryor for lossofordamage 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 DrawingRights (SDRs)whichfluctuatedependingondailyexchangerates. All SDR values in these Conditions are accurate as per 28 April 2014. 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 Princess (as carrier): a) inthecaseofapparentdamage,beforeoratthetimeofdisembarkationor redelivery; b) in the case of damage which is not apparent or of loss, within 15days from thedateofdisembarkationorredeliveryor from the timewhen 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 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 (£768). The figure increases to 2,250 SDRs (£2,075) where EU Regulation 392/2009 and the Athens Convention 2002 apply. Princess 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, Princess’ liability pursuant to the Athens Convention 1974 and 2014 Regulations will be limited to 1,200 SDRs (£1,107) or where EU Regulation 392/2009 and/ or the Athens Convention 2002 apply, 3,375 SDRs (£3,113). 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 (£43,048) or 300,000 SDRs (£276,741) 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 (£230,617) 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, civilwar, insurrectionoranaturalphenomenonofanexceptional, 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 (£368,998) 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.AsummaryofEU392/2009maybevi ewedathttp://ec.europa.eu/ transport/themes/passengers/maritime/doc/rights-in-case-of-accident.pdf 52. Any damages payable by Princess up to the EU 392/2009, Athens Convention 2002 and or, 2014 Regulations limits shall be reduced in proportion to any contributory negligence by the Passenger and by the maximumdeductiblespecified inArticle8(4)oftheAthensConvention1974. 53. Insofar as Princess may be liable to a Passenger in respect of claims arising out of carriage by air or carriage by sea, Princess shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual air carrier (including his 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. 54. Insofar as the Cruise may be performed on a ship not owned by Princess, it is agreed that Princess 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. 55. Except for claims arising out of carriage by air (as provided by clause 50), any liability in respect of death and personal injury and loss of and damage to luggage which Princess 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. 56. 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 Princess may have for any such losses will be limited to £500.00 per Passenger. Princess 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. 57. Hotels and shuttle services included in the Package are arranged by Princess 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. Princess 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. These may limit or exclude liability of the hotelier or the shuttle services operators. The liability of Princess 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 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. Princess 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; unusual and unforeseeable circumstancesbeyond thecontrolofPrincessand/or therelevantSupplier the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of force majeure; or any event which Princess and/or the relevant Supplier could not even with all due care have foreseen or forestalled. 58. Princess does not include any shore excursions in the fare. Shore excursions do not form any part of a Package. Shore excursions may be reserved online after a Package has been booked. Reservations may be made for a specified period prior to the Cruise commencing. Purchases may also be made onboard the ship. 59. Any shore excursions booked will be supplied by local operators. Princesswillatall timesendeavour toappointreputableandcompetent local operators who apply the local laws and regulations of the relevant country. Shore excursion operators are not Princess’s servants, agents or suppliers. Princess is not responsible for any acts or omissions which are wholly attributable to the fault of the local operators. Princess does not operate, perform or otherwise organise any shore excursions. All Passengers must ensure that theyarefitandhealthy toundertakeshoreexcursions. 60. All employees, agents, contractors and their sub-contractors (including Suppliers as defined in clause 1), as well as all insurers of both Princess and its Suppliers shall have the benefit of the same rights, defences, immunities and limitations available to Princess under these Conditions. ACTIONS, CLAIMS AND TIME LIMITS 61. 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. 62. If a court or tribunal applies any law other than English law, Princess 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. 63. Princess is a Member of ABTA, membership number V8764. Princess is obliged to maintain a high standard of service to Passengers by ABTA’s Code of Conduct. Princess can also offer Passengers ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If Princess 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 . CONSUMER PROTECTION 64. Princess provides full financial protection for all Packages. For flight- based Packages this is through Princess’ Air Travel Organiser’s Licence number 6294. In the unlikely event of Princess’ 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 Princess 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 Princess 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. Princess 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 Princess 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, thePassengeralsoagrees that insomecases itmaynotbe possibletoappointanalternativeATOLholder, inwhichcasethePassenger will be entitled to make a claim under the ATOL scheme (or its credit card issuer where applicable). If Princess, or the suppliers identified on the ATOL Certificate, are unable to provide the services listed (or a suitable alternative, throughanalternativeATOLholderorotherwise) forreasonsof 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 havearisingoutoforrelating to thenon-provisionof theservices, including any claim against Princess, 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. 65. Not all Packages offered and sold by Princess will be protected by the ATOL scheme. All non-fly Packages sold by Princess in the UK are protected under the ABTA scheme of financial protection. In the unlikely event of Princess’ insolvency, ABTA will ensure that Passengers booked on non-fly Packages are not stranded abroad and will arrange to refund any money paid to Princess 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 Princess for confirmation of what protection may apply to their booking. HOWWE WILL USE YOUR DATA 66. In clauses 66-67, “you” means the Passenger. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, Princess needs to use the personal data you provide such as name, address, any special needs, health, medical, mobility or dietary requirements, etc. Princess may pass personal data on to other relevant suppliers of your travel arrangements such as travel agents, airlines, hotels, and transport companies. Your personal data may also be provided to security and/or credit checking companies, creditanddebitcardcompanies,governmentandenforcementagencies, public authorities such as customs and immigration if required by them, or as required by law. Princess may also use your personal data for the purposes of carrying out security checks. Your personal data may be shared with the police or other law enforcement or crime prevention agencies for security purposes. This may involve sending your personal data between different countries, including countries outside the European Union (EU) where controls on data protection may not be as strong as the legal requirements in the EU. This may also apply to any sensitive information that you give to us such as details of any disabilities or dietary/religious requirements. If Princess cannot pass your personal data on to the relevant suppliers, whether in the EU or not, Princess cannot properly affect your booking. For the safety and security of the ship and its Passengers, Princess may operate closed circuit television (CCTV) in certain areas on board the ship during your Cruise. Please be aware, however, that Princess does not undertake to operate all cameras or monitor or record CCTV images at all times. Please be aware that there are photographers and camera crew on board the ship taking photographs and making films for Passengers to purchase at the end of the Cruise. They are happy to take reasonable steps to avoid filming you where you indicate that this is your preference, but you may be included unless you tell us otherwise and we are unable to guarantee that you will not be included on an incidental basis. Please be aware that calls made to Princess, and calls received from Princess, may be recorded for the purposes of audit, training and the monitoring of services provided by Princess. Princess may from time to time change its privacy notice, which describes how your personal data may be processed, and it’s up to date privacy notice is made available on the Princess website or by writing to the address given below. DATA PROTECTION 67. The personal data you provide to Princess, or which is obtained throughyourdealingswithPrincessorotherCarnivalgroupcruisebrands, will be processed in accordance with our privacy notice which is available on the Princess website. We may use personal data about you to inform you about our products and services and deliver those products and services for you; to review your dealings with Princess or other Carnival group cruise brands including your purchasing and entertainment preferences; to review, develop and improve the products and services Princess offers; for market research purposes and for statistical analysis. We will obtain your consent to processing where that is required. We may share personal data about you with other Carnival group companies and our suppliers, agents, sub-contractors or other commercial partners, including those outside of the EU, and will use appropriate legal and technical safeguards when we do so. We will retain personal data about you for no longer than necessary for the purpose of processing, and you may withdraw your consent to processing at any time if you wish to do so. You may obtain, correct, or erase personal data about you, and restrict or object to processing if you wish. Should you wish to complain about our processing of your personal data you may submit a complaint to the relevant supervisory authority. For more information contact us at: Data Protection Officer, Carnival plc, Carnival House, 100 Harbour Parade, Southampton, SO15 1ST or via privacy@carnivalukgroup.com 219 For prices & availability visit princess.com or contact your travel agent MEDITERRANEAN CRUISE INFORMATION & BOOKING CONDITIONS