Conditions of Carriage applicable to sales that take place in the US
CONDITIONS OF CARRIAGE OF PASSENGERS AND THEIR LUGGAGE
THESE CONDITIONS OF CARRIAGE GOVERN THE RELATIONSHIP,
RESPONSIBILITIES AND LIABILITIES AS BETWEEN THE PASSENGER
AND THE CARRIER AND ARE BINDING WHETHER YOU HAVE READ
THEM OR NOT. THESE CONDITIONS ARE INCORPORATED INTO THE
PASSENGER‟S CONTRACT WITH THE ORGANIZER AND BECOME PART
OF PASSENGER‟S CONTRACT WITH THE ORGANIZER. THESE
CONDITIONS AFFECT YOUR IMPORTANT LEGAL RIGHTS AND
THE POTENTIAL LIABILITY OF THE ORGANIZER AND CARRIER.
YOU SHOULD READ THESE CONDITIONS CAREFULLY AS THEY ARE
BINDING ON YOU AS A PASSENGER.
The Carrier agrees to carry the person(s) named in the Passage Contract issued by the
Organizer on the date and vessel and cabin type indicated, or any substitute vessel, and is
“Carrier" means the owner or any charterer, or operator of the Vessel or any other
person, to the extent that it acts as carrier or performing carrier (in accordance with
the definition provided in the Convention relating to the Carriage of Passengers and
their Luggage by Sea adopted at Athens on the 13 day of December 1974 and the
Protocol thereto adopted as of November 1976 (hereinafter referred to as the „Athens
Convention‟). Where the Athens Protocol 2002 applies, “Carrier” means a person
by or on behalf of whom a contract of carriage has been concluded, whether the
carriage is actually performed by that person or by a performing carrier (in
accordance with the definition provided in Article 2 of the Athens Protocol 2002).
“Conditions of Carriage‟‟ means any conditions of carriage of the carrier,
providing transport of any kind. These embody the provisions of the law of the
country of the carrier concerned and may be subject to international convention;
either or both of which may limit or exclude the liability of the carrier. The
Passenger Contract incorporates the Conditions of Carriage as express terms.
„Disabled Person‟ or „Person with Reduced Mobility means any person
whose mobility when using transport is reduced as a result of any physical
disability (sensory or locomotor, permanent or temporary) intellectual or
psychosocial disability or impairment, or any other cause of disability or as a
result of age, and whose situation needs appropriate attention and adaption to
his particular needs the service made available to all passengers.
“Luggage” means any property belonging to or carried by any Passenger, including
baggage, packages, suitcases, trunks, effects, articles, cabin luggage, hand luggage,
articles worn by or carried by the Passenger, or deposited with the purser for safe
custody, vehicles and any other property whatsoever.
The “Master‟‟ is the Captain or person in charge of the carrying vessel at any given
point and commanding of the Cruise Ship.
“Minor‟‟ means any child under the age of 18 years of age.
“Organizer” means the party with which the Passenger has entered into a contract
for the cruise and/or a Package as defined under the Council Directive 90/314/EEC
of 13 June 1990 on Package Travel, Package Holidays and Package Tours or other
relevant legislation or regulations.
"Passenger" means any person or persons, including children, named on the
relevant Passage Contract or who sail on the Vessel.
"Passage Contract" means the contract between the Passenger and the Organizer.
„‟Shore Excursion‟‟ means any excursion offered for sale for which a separate
charge is payable whether booked prior to commencement of the cruise or onboard
“"Vessel" means the vessel named in the relevant Passage Contract or any
substituted vessel owned or chartered or operated or controlled by the Carrier.
In these conditions headings are for convenience only and are not to be used as an
aid to construction.
3. Liability for Death, Injury and/or Loss of or Damage to Luggage
3.1 The liability (if any) of the Carrier for death and/or personal injury to Passengers
and/or the loss of or damage to Luggage during the passage shall be determined in
accordance with EU Regulation 392/2009 (hereinafter referred to as “Regulation
392/2009”) or where applicable the Athens Convention and from 23rd April 2014 where
applicable the Athens Protocol of 2002
3.2 The provisions of the Regulation 392/2009 and where applicable the Athens
Protocol 2002 or the Athens Convention are hereby expressly incorporated into the
Conditions of Carriage. A copy of the Athens Convention is available on request and
may be downloaded from the Internet at
.pdf Further information concerning the Regulation 392/2009 and its full text may be
found on the European Commission website
(http://ec.europa.eu/transport/themes/passengers/maritime/index_en.htm). A summary
of Regulation 392/2009 can be found at
It is presumed under the Regulation 392/2009 and the Athens Convention
that the Carrier has delivered Luggage undamaged 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
ii) In the case of damage which is not apparent or loss of luggage, within 15
days from the disembarkation or delivery or from the date and such
redelivery should have taken place.
3.3 The Carrier is not liable for loss of or damage to cash, negotiable security,
jewellery, ornaments, tools of trade, computers, works of art or any other
valuables unless deposited with the Carrier specifically for the purposes of
safekeeping. In those circumstances the Carrier‟s liability will still be limited to
the amounts payable under Regulation 392/2009 and where applicable the Athens
Protocol 2002 or The Athens Convention. Safe deposits in cabins are not deposits
with the Carrier.
4. Limitation of Liability
Limits of Liability
4.1. Any liability in respect of death and personal injury and loss of and damage to
luggage which the Carrier may incur to the Passenger, whether under the Contract
in accordance with these Conditions or otherwise, shall always be subject to the
limits of liability contained in Regulation 392/2009 and where applicable the
Athens Protocol 2002 or the Athens Convention. Where there is a shipping
incident as defined by Regulation 392/2009 the Passenger has a right to
compensation from the Carrier or the Carrier's insurance provider of up to 250,000
Special Drawing Rights (SDR) (£235,197.89 or €283,520.45) in any event, with
the exception of circumstances beyond the Carrier's control (i.e. act of war, natural
disaster, act of a third party). Compensation can go up to 400,000 SDR
(£376,090.63 or €453,539.91) unless the Carrier proves that the incident occurred
without his fault or neglect. In the case of a non-shipping incident: the passenger
has a right to compensation from the Carrier of up to 400,000 SDR (£376,090.63
or €453,539.91), if the Passenger proves that the incident was the result of the
Carrier's fault or neglect. The limits for death /personal injury under the Athens
Convention are 46,666 SDR (£43,846.40 or €52,806.26) per passenger.
4.2. Limits of liability or cabin luggage are 2250 SDR (£2,113.62 or €2,546.20) per
Passenger pursuant to Regulation 392/2009 and the Athens Protocol of 2002 and
833 SDR (£782.32 or €942.88) per Passenger pursuant to the Athens Convention.
The Carrier will have no liability for valuables unless deposited with the ship‟s
purser, in which case liability will be limited to 3375 SDR (£3,169.55 or
€3,819.27) pursuant to Regulation 392/2009 or where applicable the Athens
Protocol 2002 or 1200 SDR (£1,126.91 or €1,357.96) pursuant to the Athens
Convention.. References to limits per passenger are per carriage. The above
referenced approximate conversion rates are based on exchange rates as of 5
February 2014. SDRs are a monetary unit of the International Monetary Fund and
current exchange rates can be found in major financial newspapers or at
4.3. The Carrier will only be liable in relation to death or personal injury and/or loss 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 Athens Convention.
4.4. Contributory Negligence
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
Global Limitation of Liability
4.5. In addition, the Carrier shall have the full benefit of any applicable laws providing
for limitation and/or exoneration of liability (including without limitation, Law
and/or the laws of the Vessel‟s flag in respect of liability and/or the global
limitation on damages recoverable from the Carrier) and nothing in these
Conditions of Carriage is intended to operate to limit or deprive the Carrier of any
such statutory or otherwise limitation or exoneration of liability. The servants
and/or agents of the Carrier shall have the full benefit of all such provisions
relating to the limitation of liability.
Period of Liability of Carrier
4.6. The responsibility of the Carrier is limited to the period(s) while the Passenger
and/or his or her Luggage are on board the Vessel and/or any tenders and/or property
owned or being operated by the Carrier
4.7. The time in which a claim may be brought under the Regulation 392/2009 or
where applicable the Athens Protocol 2002 or the Athens Convention is limited to
a period of 2 years from the date of disembarkation and or as set out in Article 16
of the Athens Convention or Article 9 of the Athens Protocol 2002. The time
limits for providing written notice of and filing all other claims is governed by the
provisions of section 7, below.
4.8. In respect of non-US claims made under the Athens Convention or EU Regulation
392/2009, these must be notified within 28 days of disembarkation and suit filed
in Piraeus, Greece within two years of the date of disembarkation.
5. Potential non-applicability of exemptions etc
Without prejudice to the provisions of clauses 3 and 4 hereof, 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
unenforceable, then the Carrier shall not be liable for death, injury, illness, damage,
delay or other loss or detriment to person or property arising out of any cause of
whatsoever nature not shown to have been caused by the Carrier's own negligence
and/or fault and neglect.
6. Independent sub-contractors
The Carrier is not liable for or in connection with or arising out of any acts or
omissions of any kind of any independent sub-contractors or concessionaires on
board the Vessel and/or ashore, including but not limited to airlines, land
The Vessel carries onboard service providers who operate as independent
contractors. Their services and products are charged independently. The Carrier is
not responsible for their performance or products. These contractors may include
doctor, medical personnel, hairdresser, manicurist, masseuse, photographer,
entertainer, fitness instructors, spa personnel, beauticians, internet/I.T. personnel or
other instructional concessionaires, art or other auctioneers, shopkeepers and others
providing services. These contractors work directly for the Passenger when
performing their services. The Carrier is not responsible for any such person's acts or
omissions in providing goods or services to the Passenger.
The independent contractors including Shore Excursion providers do not at any time
act as agents or representatives of the Carrier. The Carrier does not own or control
any such independent contractors, makes no representation of any kind as to their
performance and does not undertake to supervise their activities. Any Passenger
using such services or activities shall be entering into a contract with the
independent contractor or concessionaire and shall deemed to agree and consent
that any liability for any death, personal injury, illness, emotional distress, mental
suffering or psychological injury to the guest or loss of or damage to property shall
be the sole responsibility of the provider of such service or activity. The Carrier
shall not be or become liable or responsible in any way for any act or omission of
any such provider pertaining to, or arising from or in connection with such services
7. Submission of claims
The Carrier shall not be under any liability in respect of any claim
whatsoever for personal injury, illness or death unless written notice of the
claim is presented to the carrier, OPTIMUM SHIPMANAGEMENT
SERVICES S.A., 8 Antoniou Ambatielou, Piraeus, Greece within six
months from the date of injury, illness or death and unless a suit or action is
brought within one year from the date of injury, illness or death. For all other
claims of any kind or nature whatsoever, the carrier shall not be under any
liability in respect to such claim unless written notice of the claim is presented
to the carrier within 15 days after the end of the subject voyage and unless a
suit or action is brought within six months from the end of the subject voyage.
In the event of a voyage which does not end at its normally scheduled date,
then this deadline shall be calculated from the date the voyage was scheduled
to end or the date the voyage did actually end, whichever is earlier. The
provisions of this paragraph 7 shall not apply to claims brought under the
Regulation 392/2009, the Athens Protocol 2002 or the Athens Convention which
shall be brought within a two-year period specified in Article 16 of the Athens
Convention or Article 9 of the Athens Protocol 2002. After the expiry of the
said periods any suit or action shall be time-barred.
8. Shore Excursions
The Conditions of Carriage including limitation of liability are applicable to any
shore excursions purchased from and or provided by the Carrier.
9.1. We recommend that women who are less than 12 weeks pregnant should seek
medical advice prior to travel. Women who are or will be 24 weeks pregnant at
any stage of the cruise are required to produce a medical certificate of fitness to
travel. 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.
9.2. Pregnant passengers are referred to the section herein headed “Medical Treatment”
for information regarding the medical facilities on board.
9.3. The ship‟s doctor is not qualified to deliver babies or to offer pre or post natal
treatment and no responsibility is accepted by the Carrier in respect of the inability to
provide such services or equipment. The Passenger acknowledges and understands
that travel by sea involves certain inherent risks, that medical evacuation or
disembarkation may be delayed or impossible depending on the vessel‟s location and
current weather and sea conditions, and that medical facilities in nearby ports may be
limited or non existent.
10. Fitness to Travel –
Fitness to Travel – Health and Safety
10.1. The Passenger represents and warrants that the Passenger is mentally and
physically fit to travel and that the Passenger‟s conduct will not impair the
safety of the Vessel or inconvenience the other Passengers.
10.2. If it appears to the Carrier, Master of the ship, or ship‟s physician that
Passenger is for any reason whatsoever unfit to travel or likely to endanger his/her
health or safety or endanger the health or safety or impair the comfort of others
onboard or feels that the Passenger likely to be refused permission to land at any
port or to render the company liable for his/her maintenance, support or
repatriation, then the Carrier and/or the Master of the ship shall be entitled to
without further liability:
i) Refuse to embark the passenger at any particular port.
ii) Disembark the Passenger at any port.
iii) Transfer the Passenger from one berth to another.
iv) Confine the Passenger to a cabin or to the ship‟s hospital or other
appropriate place on the Vessel.
v) Administer first aid and/or medical treatment and/or 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, which either the Master or
ship‟s physician in their sole discretion considers necessary or appropriate.
10.3. Carrier does not discriminate against persons with disabilities. Individuals
with disabilities are strongly encouraged to contact Carrier prior to departure in
order to obtain information necessary for such individuals to decide whether
the vessel or voyage are appropriate for them. The Vessel has a limited
number of cabins equipped for persons with disabilities and the regular and
modified cabins may not contain all features found in similar accommodations
ashore. Not all ports, areas of the Vessel, or shipboard equipment are accessible
to persons with disabilities. The Carrier reserves the right to refuse passage to
anyone who in the Carrier‟s, Master‟s or shipboard physician‟s opinion is unfit
for travel or anyone whose condition may constitute a danger to themselves or
10.4. Passengers who need assistance and or have special requests or need special
facilities or equipment must notify the Organiser at the time of the booking. The
Carrier is not obliged to provide any assistance or meet special requests unless the
Carrier has guaranteed provision of these services to the Passenger or Organiser in
10.5. Passengers confined to wheelchairs must furnish their own standard size
wheelchairs. Carrier strongly encourages but does not require Passengers
utilizing wheelchairs to be accompanied by a travelling companion fit and able
to assist them. The ship‟s wheelchairs are available for emergency use only.
10.6. Any Passenger who has any form of mental or physical disability or who is
experiencing any form of mental or physical illness either of which disability
or illness is likely to require medical treatment during the Voyage or which
could affect his or her fitness for travel must submit prior to sailing a
doctor‟s certificate certifying Passenger‟s fitness to travel.
10.7. 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 has been
exposed to and/or is suffering from any physical or mental sickness or disease or
for any other reason is likely to impair the health, safety or reasonable comfort
of other persons on board, or for any reason is refused permission to land at any
port on the Vessel‟s itinerary, shall be responsible for any loss or expense
incurred by the Carrier, or the Master, directly or indirectly in consequence of
such sickness or disease unless 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.
10.8. For reasons of health and safety the Carrier and or the Organiser and or
health authorities in any port shall be entitled to administer a public health
questionnaire. The Passenger shall supply accurate information regarding symptoms of
any illness, including but not limited to, gastrointestinal illness. The Carrier may deny
boarding to any passenger that it, the Master or the ship‟s physician considers in its or
their sole discretion to have any symptoms of any illness including viral and or
bacterial illness, including but not limited to Norovirus. Refusal by a Passenger to
complete the questionnaire may result in denied boarding.
10.9 The provisions of Regulation 1177/2010 on Passenger Rights when Travelling by
Sea and Inland Waterways will apply where the Port of embarkation is in the EU. This
requires passengers who are disabled and/or who have reduced mobility to advise of
their needs at the time of booking, including the need to bring onboard any special
medical equipment. This Regulation requires that passengers with disabilities and
mobility problems be carried unless they cannot be carried safely in accordance with
applicable safety requirements established by International, EU or National Law.
Guests are therefore encouraged to provide as much information at the time of booking
10.10. Carrier may without further liability disembark any Passenger who refuses
to follow confinement instructions given Carrier, the Master or the ship‟s
physician pursuant to section 10.2, above.
10.11 Where a Passenger is denied boarding and or is disembarked and or confined
to his/ her cabin as a result of health and or fitness to travel, the Carrier shall not
be liable for any loss or damage or expense occasioned to the Passenger thereby,
nor will the Passenger be entitled to Compensation from the Carrier.
Passengers are advised to take out travel insurance.
11. Charges for Medical Attention etc
11.1 All health, medical or other special or personal services provided by the Vessel
will be charged to the Passenger.
11.2. 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 physician on call (if any), the Passenger concerned shall be liable for
the full charge or cost thereof and the Passenger shall fully indemnify the Carrier
upon first demand for any costs incurred by the Carrier, its servants or agents.
11.3. Passengers who by reason of illness or through any other cause require special or
extra accommodation, or special or extra attention, in the course of the voyage, and
not originally provided for, will be charged accordingly for the same.
12. Medical Treatment
12.1 The Passenger acknowledges that whilst there is a qualified doctor onboard it is
the Passenger‟s obligation and responsibility to seek medical assistance if
necessary during the cruise.
12.2 The 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 in accordance with its flag state
requirements. Neither the Carrier nor the doctor shall be liable to the Passenger as
a result of any inability to treat any medical condition as a result. The Carrier
does not supervise or control the ship‟s physician or shipboard medical staff in
their medical treatment of Passengers and shall not be liable for any act or
omission of the ship‟s physician or shipboard medical personnel.
12.3 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. Passengers are advised to take out
insurance covering medical treatment and emergency air ambulance or other
repatriation. The Carrier accepts no responsibility whatsoever in relation to
medical facilities provided ashore. Medical facilities and standards vary from
port to port. The Carrier makes no representations or warranties in relation to the
standard of medical treatment ashore.
13 Medical Equipment
13.1 In relation to medical equipment which the Passenger intends to bring on
board it is the responsibility of the Passenger to arrange delivery to the docks
prior to departure of all medical equipment.
13.2 The requirement for Passengers to notify the Organiser at the time of
booking if they need to have medical equipment on board is to ensure that
the medical equipment can be carried and/or carried safely by the Carrier.
13.3 It is the Passenger‟s responsibility to ensure that all medical equipment is
in good working order and for arranging enough equipment and supplies to
last the entire voyage. The ship does not carry any replacement and access
to shore side care and equipment may be difficult and expensive. Save
where the Carrier agrees in writing each passenger is limited to two items
of medical equipment or a total value of €3,000.
13.4 Passengers must be able to operate all equipment. If there are any particular
conditions, persons Disabled or persons with Reduced Mobility which
require personal care or supervision then such personal care or supervision
must be organised by the Passenger and at the Passenger‟s expense. The
vessel is unable to provide respite services, one to one personal care or
supervision or any other form of carer for physical or psychiatric or other
14.1 The Carrier does not accept unaccompanied minors under 18 years on the date of
outward travel and children will not be allowed to embark unless they are
accompanied by a parent or guardian. Children on board should be supervised by a
parent or guardian at all times, and are welcome at activities on board or at shore
excursions provided that a parent or guardian is present. Children cannot remain on
board if their parent(s) or guardian go(es) ashore.
14.2 The Vessel‟s casino is subject to flag state gambling laws. No minors are allowed to
gamble in the casino.
14.3 In the interests of preventing minor gambling and for the comfort and enjoyment of
adult Passengers, minors are not allowed in the casino areas when the casino is open.
14.4 Every adult Passenger travelling with any minor Passenger shall be responsible
for the conduct and behaviour of the minor Passenger, shall be responsible for
ensuring minor passengers do not purchase or consume alcohol AND 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 minor Passenger.
14.5 Minor Passengers are subject to all the terms contained in these Conditions of
15.1 The Passenger agrees to abide by the Carrier‟s company‟s rules and regulations
and all orders and directions of the master and the Vessel‟s officers.
At all times the decision of the Carrier‟s representative will be final on all
matters likely to endanger the safety and well being of the cruise. By booking
with the Organizer, the Passengers and the authorized members of their party
agree to abide by the authority of the Carrier‟s representative. The Passenger
and their party must at all times strictly comply with the laws, customs, foreign
exchange and drug regulations of all countries visited. Should the Passenger fail
to comply with the above or commit any illegal act when on the cruise or, if in
the opinion of the Carrier‟s representative, the Passengers or anyone in their
party‟s behaviour is causing or is likely to cause danger, distress or annoyance
to others the Carrier may terminate that Passenger‟s or the specific passengers
travel arrangements without any liability on the Carrier‟s part and the
Passenger will not be entitled to any refund for unused or missed services or
costs incurred resulting from the termination of the travel arrangements.
15.2 The Passenger must report all illnesses and or accidents in which he/she is
involved or witnesses on board the vessel, the gangway and or its tenders to an
officer of the Carrier immediately and shall complete all necessary documents
and provide such statements or assistance to the Vessel‟s officers as may be
requested by them and or any enforcing authorities and or government agencies.
The Carrier shall be under no liability whatsoever in respect of any claim for
illness or injury, which was not reported by the Passenger to an Officer while on
board the Vessel
15.3 Expenses of any kind including fines or penalties or duties or other charges
incurred by the Carrier and attributable to the Passenger‟s failure to comply with
the regulations of the Vessel or any government or authority shall be paid to the
Carrier by the Passenger on demand.
15.4 The Passenger shall be liable to the Carrier and shall reimburse it for all loss,
damage or delay sustained by the Carrier because of any act or omission of the
passenger including but not limited to breaches of paragraphs 15 to 17.
16 Dangerous Goods or Articles
The Passenger shall not bring on board the Vessel any illegal drugs or other illegal
items, knifes, firearms, weapons, goods or articles of an inflammable or dangerous
nature, nor any controlled or prohibited substance or item. To do so shall be a
breach of these conditions and regulations and 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, fine or penalty arising from such breach (including but not
limited to legal and other professional costs incurred in dealing with such claims, or
proceedings in respect of fines or penalties on a full indemnity basis). The Passenger
may also be liable for statutory fines and/or penalties. The Master (or any other
officer delegated for the purpose) shall be entitled at all times to enter and/or search
the cabin, Luggage (whether or not in the cabin), other property or person of any
Passenger at any time with or without notice and Passenger hereby consents to such
entry and search.
17 Safety & Security
17.1 The health and safety of the Vessel and all those onboard is of paramount
consideration. Passengers must pay attention and comply with all regulations
and notices relating to the safety of the Vessel, her crew and Passengers, the
terminal facilities and immigration requirements.
17.2 Passengers must at all times to conduct themselves in a manner, which respects
the safety and privacy of other persons onboard.
17.3 Passengers must comply with any reasonable request made by any member of
staff, the Master or his Officers.
17.4 No firearms or other weapons of any nature shall be brought onboard the Vessel.
The Master and/or the Carrier have the right to confiscate, detain or otherwise
deal with such weapons and persons carrying or transporting such items may be
disembarked without any further liability to Carrier.
17.5 It may be necessary for security reasons for servants or agents of the Carrier to
search passengers, cabins and/or the baggage and goods travelling with them.
The passenger hereby consents to all such searches and agrees to allow such
search upon being requested by the Master of the ship or other authorised
servants or agents of the Carrier to do so. The passenger further agrees to the
removal, confiscation or instruction of any object, which may in the opinion of
the Carrier impair the safety of the Vessel or cause inconvenience to the
17.6 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
17.7 Passenger‟s Luggage must not be left unaccompanied at any time.
Unaccompanied Luggage may be removed and destroyed.
18.1 With the exception of certified trained service animals, animals and/or pets are not
allowed onboard the vessel under any circumstances.
18.2 Any animals and/or pets brought onboard by any Passenger will be taken into
custody and arrangements made for the animal to be landed at the next port of call.
The Passenger shall be liable for the cost of disembarking any such pet or animal
and/or any fines. Passengers carrying animals and/or pets onboard except as
provided in paragraph 18.5, below, may be disembarked with no further liability to
18.3 The Carrier will not be liable to the Passenger in any circumstances in relation to the
cost of the disembarkation or any other expense to which the Passenger is put.
18.4 Whilst the Carrier and its servants and/or agents will take such care as is reasonable
in relation to the pet or animal while it is in their possession they will not be liable to
the Passenger in any circumstances in relation to any loss or damage of the pet or
animal whilst in the Carrier‟s custody.
18.5 In the event Passenger requires use of a service animal while onboard, Passenger
must provide Carrier notice of intent to bring such animal in advance of departure
and must provide to Carrier all of the following in writing: (1) a detailed description
of the service animal including name, age, species of animal and breed, (2) a letter
from a medical doctor certifying that the Passenger suffers from a disability which
requires use of a service animal, (3) proof of specialized training or certification of
the service animal, (4) proof of rabies and other vaccinations, (5) a health certificate
from a licensed veterinarian dated within 30 days of departure attesting to the health
of the service animal. Passengers bringing service animals onboard are responsible
at all times for the health and hygiene of such service animal, Passenger shall
indemnify Carrier from any and all liability caused by the presence of such service
animal onboard Vessel. Carrier cannot guarantee that service animals will be
permitted ashore in any port of call and guests are cautioned that animals may in
some cases be subject to mandatory quarantine if brought into some ports. Passenger
is advised to check with all appropriate governments on the scheduled itinerary for
any such quarantine or other restrictions.
19.1 Alcohol will only be served to adults.
19.2 Where the fare paid by a Passenger includes victualling, it does not also include
wines, spirits, beer, mineral waters or other liquors. These are available for
purchase on board at fixed prices and Passengers are not permitted to take on board
any such liquors for use during the voyage whether for consumption in their own
cabins or otherwise.
19.3 The Carrier and/or its servants and/or agents may confiscate alcohol brought
onboard by Passengers. Such alcohol will be returned to the Passengers at the end
of the cruise.
19.4 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 a nuisance to himself, other Passengers and/or the Vessel.
(i) All passports, visas and other travel documents required for embarkation and
disembarkation and at all ports are the responsibility of the Passenger.
(ii) The Passenger, or if a child under the age of 18, its 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.
20.2 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 of any documentation, which is checked. Passengers are strongly
advised to check for all legal requirements for travelling aboard and at the
various ports to include the requirement of VISAs, emigration, customs, and
21 Payments for extras
Any account for purchase of liquors, or of any other extras whatsoever, including
medical attention, must be settled in full, before the Passenger leaves the Vessel, in
any currency in general use on board at the time of payment.
22 Occupation of berths and cabins
21.1 No berth or cabin is to be occupied by a Passenger without application to the
appointed agent on shore, or to the purser on board
22.2 The Master or the Carrier may, if in his or their opinion it becomes advisable or
necessary to do so, at any time transfer a Passenger from one berth to another,
making a charge if he, in his absolute discretion, considers appropriate.
22.3 If for any reason whatsoever Passengers remain on board after the arrival of the
Vessel at their port of destination, the Carrier will require Passengers to pay for
their maintenance at current rates for every night they remain on board.
23 Deviations, Cancellations, Premature termination of the Cruise
(a) The Vessel‟s operation is subject to weather conditions, vessel traffic,
government intervention, duty to assist other vessels in distress, availability of
berth facilities, unusual and or unforeseeable circumstances and or
circumstances which could not be foreseen or forestalled and or other factors
beyond the Carrier‟s control. The Carrier may deviate, curtail, cancel,
postpone and or terminate the Cruise at any time before or after its
commencement for any reason whatsoever whether or not the Vessel may
(b) The Carrier may at any time deviate, curtail, delay, cancel, postpone and or
terminate any Cruise;- (i) if the performance or further performance is
hindered or prevented by causes beyond the control of the Carrier; or (ii) if the
Master or the Carrier considers that such termination is for any reason
whatsoever necessary for the management of the Vessel or the Carrier.
(c) If the Cruise is cancelled, postponed, curtailed, delayed and or terminated by the
Carrier for any one of the reasons set out in clause 22 then neither the Carrier or
Organiser will have any liability to the Passenger. If the cause was unusual and
or unforeseeable and or the circumstances of which could not have been foreseen
or forestalled then neither the Carrier or Organiser shall be liable to the
(d) The Carrier does not guarantee that the Vessel will call at every advertised port
of call or follow any particular route or time table. The Master and the Carrier
shall have the absolute right to change or substitute the advertised schedule
and/or ports of call for any reason whatsoever.
24 Force Majeure
The Carrier shall not be liable for any loss or injury, damage, or inability to
perform the Cruise arising from any force majeure circumstances including, but
not limited to war, terrorism (actual or threatened), fire, natural disasters, acts of
God, labour strikes, bankruptcy, failure of sub contractors to perform, any other
events beyond the Carrier‟s control.and/or any events which are unusual and or
25 Transfer to other transport
If the Vessel shall be prevented or hindered by any cause whatsoever from sailing or
proceeding in the ordinary course, the Carrier shall be entitled to transfer the
Passenger either to any other vessel or, with the consent of the Passenger, to any
other means of transportation bound for the Passenger's place of destination.
(a) The Passenger must pack all Luggage in substantial suitcases or trunks, fastened
securely with case locks and strapped or roped to give added protection against
damage or pilferage and clearly labelled with the Passenger's name and address.
The Carrier shall not be liable to damage to suitcases or luggage items including
broken handles, wheels, zippers, fabrics or other protrusions, all of which shall
be considered ordinary wear and tear.
(b) Luggage of Passengers must only contain their clothing and similar personal
(c) The packages for storage in each cabin must not exceed 75cm in length, 58cm in
width, and 23cm in depth. Only one such package per Passenger may be kept in
each cabin. Additional space will be available for Passengers‟ other Luggage in
the baggage room and in the hold.
(d) The Carrier shall have a lien upon and a 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 become due by the Passenger to the Carrier or to its servants,
agents or representatives.
27 Search of Luggage etc
(a) The Passenger, in the interest of international security and safety at sea and in the
interest of the convenience of the other Passengers, agrees and hereby consents
to a search being made of the Passenger‟s person, cabin, Luggage, other property
and/or valuables whether physically, by way of screening, scanning or otherwise,
by any servant, agent or independent contractor of the Carrier, prior to
embarkation and/or at any other time during the cruise.
(b) The Passenger agrees to the sequestration of any property following a search or
otherwise, which may, in the opinion of the Carrier, Master and/or any officers
on board the Vessel, be likely in any way, to inconvenience, endanger or impair
health, safety or reasonable comfort of any person or persons whether on board
or not, or endanger or impair the safety of the Vessel and/or her fittings,
furnishings, machinery, equipment or any part thereof or prohibited by the terms
of this Contract or by any relevant law.
(c) The Passenger agrees to submit to such search upon being so requested by the
(d) Any member of the Carrier and/or Master‟s staff or crew shall be entitled to enter
a Passenger‟s cabin to carry out necessary inspection, maintenance or repair
work or for any other purpose associated therewith.
28 Deposit of valuables
Passengers may hand to the purser for safe custody money, watches, jewellery or
other valuables, declaring the value thereof. For articles so deposited the purser will
give a written receipt. In the event of loss of or damage to such valuables the Carrier
shall only be liable up to the limit provided in paragraph 3 of Article 8 of the Athens
Convention. The use of cabin safes is not depositing of valuables with the Vessel.
29 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 the Passenger.
30. General Average
The Passenger is not liable in respect of his or her Luggage or personal effects to
pay, nor entitled to receive any General Average contribution. However, other
merchandise on board, whether accompanied or unaccompanied, will contribute to
31. No authority to vary conditions
These Conditions of Carriage may not be amended without written and signed
consent from a Director of the Carrier.
32. No Liability for Emotional Distress
The Carrier shall not be liable to the passenger for any emotional distress,
mental anguish or psychological injury of any kind except where said emotional
distress, mental anguish or psychological injury was the result of either (a)
physical injury to the claimant caused by the negligence or fault of the Carrier,
(b) the claimant having been at actual risk of physical injury and such risk was
caused by the negligence or fault of the Carrier, or (c) was intentionally
inflicted by a crewmember or the Carrier.
33. Law and Jurisdiction
All disputes and matters howsoever arising between the Passenger and the Carrier
including in connection with the Carriage and or its execution and or, these
Conditions, shall, unless the Carrier expressly agrees otherwise in writing, be
governed by the laws of Greece and shall, subject to the provisions of The Athens
Convention, be brought in the Courts of Piraeus, Greece to the exclusion of any other
venue, law or jurisdiction.
34. Conditions Severable
Each of the provisions contained in these conditions shall be severable and if any of
such provisions should be invalid, illegal or unenforceable the remaining provisions
shall nevertheless have full force and effect.
35. Applicability of Athens Convention
If the carriage provided hereunder is not an “international carriage” as defined in
Article 2 of the Athens Convention and or the Vessel is being used as a floating
hotel, the provisions of Regulation 392/2009 or where applicable the Athens
Convention shall apply and be deemed to be incorporated herein, mutatis
36. Limitations Applicable to Other Entities
All limitations and defences herein shall also ensure to the benefit of Organizer
and Carrier‟s employees, agents, and independent contractors providing services
aboard the Vessel.
37. Addendum of Other Contracts
The Conditions contained herein shall be binding upon all Passengers and shall be
considered an addendum of any contract issued by Organizer. In the event of any
conflict between these Conditions and the contractual terms of any Organizer,
these Conditions shall prevail as to Carrier.
38. Notwithstanding anything to the contrary elsewhere in these Conditions of Carriage
the Carrier shall not in any circumstances be liable to passengers or anyone in their
party for any loss or anticipated loss of profit, loss of revenue, loss of use, loss of
contract or other opportunity nor for any other consequential or indirect loss or
damage of a similar nature. For claims not involving personal injury, death or illness
or which are not subject to the conventions referred to above, any liability the
Carrier may incur for the negligent acts and/or omissions of its suppliers shall be
limited to a maximum of the price which the passenger paid for the contract not
including insurance premiums and administration charges. Where this relates to loss
of and/or damage to luggage and/or other personal possessions then the Carrier
liability will not exceed 600 euro. The Carrier will not at any time be liable for any
loss of or damage to valuables of any nature.
Booking Conditions - Greece
TERMS AND CONDITIONS WHICH APPLY TO THE PASSENGER’S CRUISE.
PLEASE READ THEM CAREFULLY AS THE PASSENGER WILL BE BOUND BY THEM.
In consideration of receipt of the full contract price, Celestyal Cruises Ltd, of Greece (with its registered address at 8 Antoniou Ampatielou Street, 18536, Piraeus, Greece and with tax registration/VAT No 999232886, General Merchants Registry No 44918007000, Greek National Tourism Organization Reg. No 0207E61000083501) (the, “Company”) agrees to offer products and/or services on the following terms and conditions (“Terms”), which constitute an integral part of the Passenger’s contract with the Company in respect of the products and/or services offered for sale by the Company.
By making a booking the Passenger agrees on behalf of himself/herself and any third party adults and/or minors (under 18 years of age) indicated in the reservation and who form part of the Passenger’s booking to be legally bound by the Terms,
1.1 “Carrier” means the owners and/or charterers and/or managers of the vessel at issue;
1.2 “Company” means Celestyal Cruises Ltd, of Greece and includes its present and former parents, subsidiaries, affiliated and/or inter-related companies, underwriters and insurers, agents, employees, officers, directors, successors and assignees;
1.3 “Passenger” means the individual and/or entity booking or purchasing a cruise and/or services and/or products under this contract and includes any third party adults and/or minors (under 18 years of age) who form part of the Passenger’s booking, including heirs and representatives of all of the aforementioned.
2. GOVERNING LAW
The Terms are for the acquisition of products and/or services offered for sale by the Company via the internet on the Company’s website www.celestyalcruises.com (“Website”). It is understood, acknowledged and agreed that the sale is concluded in Greece and thus, the contract arising from the Passenger’s on-line booking is between the Passenger and the Company and is subject to the Laws of Greece. By accessing and booking through the Website the Passenger consents and submits that the Courts of Piraeus, Greece will deal with any disputes which may arise between the Passenger and the Company, and that Greek law shall be the applicable law.
3.1 The Terms and the Carrier’s Conditions of Carriage are expressly incorporated into the contract between the Passenger and the Company. The Carrier’s Conditions of Carriage are available upon request or these can downloaded from http://www.celestyalcruises.com/gr/category/terms-and- conditions-of-carriage/index.html. The Carrier’s Conditions of Carriage are printed in the Passenger Ticket.
3.2 The Carrier’s liability for death and/or personal injury and damage to/loss of luggage shall be governed by the Convention relating to the Carriage of Passengers and their Luggage by Sea, adopted at Athens on 13th day of December 1974 and the Protocol thereto adopted as of November 1976 (hereinafter referred to as the “Athens Convention”) or where applicable from 1st January 2013 EU Regulation 392/2009. Liability for loss of or damage to property pursuant to the Athens Convention and EURegulation 392/2009 is limited.
3.3 Acceptance of bookings will depend on the availability of places and is understood to be finalised, with the consequent conclusion of the contract, only when confirmation is sent out by the Company upon receipt of payment of the purchase price by the Passenger.
3.4 Promotional offers or those that otherwise provide particularly favorable conditions published on the Website are subject to limits of time and availability, according to criteria set by the Company at any time and at its absolute discretion.
3.5 In the case of a single reservation made for several parties listed in the reservation, the person making the booking guarantees that they have the necessary powers on behalf of the others and also guarantees the fulfillment of all contractual obligations, including by other parties indicated in the reservation.
3.6 The Company does not accept bookings from minors (person under the age of 18). Bookings for minors must be made by their legal guardians and/or parents and shall be accepted only if the minor travels with at least one of his/her parents or legal guardian or another adult person who undertakes all responsibility for the minor. When a booking includes minors or persons under a disability who are not travelling with their parent or legal guardian then carriage is subject to the Consent and Release Form as well as an Escorts Declaration Form that can be downloaded from www.celestyalcruises.com being completed and signed at the time of booking and before boarding the vessel accepting responsibility for the minor(s). If the Passenger booking includes minors or persons under a disability who are not travelling with their parent or legal guardian the Passenger must download and complete the relevant forms and send them by email to [email protected]
3.7 The Company reserves the right to offer alternative or supplemental terms to these Terms for particular categories of contract (such as groups or incentive tours). The particular terms agreed in each individual case will apply to the contract concluded in addition to the Terms.
4. PRICE AND PAYMENT
4.1 Prices are per person and include any charges expressly stated on the Website and the online application form signed by the Passenger.
4.2 The cruise price means the amount paid for the cruise which includes the services and facilities set out in this Website and any further matters specifically agreed at the time of booking (including accommodation, meals, drinks not included, entertainment, port charges and service charges). The Cruise Price does not include incidental surcharges, such as increase of prices due to exchange rate fluctuations, additional port taxes and services, government taxes, VAT (“Surcharge”). The Company reserves the right to impose at any time any of these surcharges and no right of cancellation shall be implied. If the surcharge is higher than 10% of the total invoice amount the Passenger will be entitled to cancel the cruise with a full refund of all the money paid or transfer the cruise to a different date within the next 12 months at no amendment charge. The passenger must exercise this option 14 days from the date the imposition of the Surcharge is communicated to the Passenger.
4.3 The Shore excursions are optional and can be booked online or sold on board the vessel but they are charged separately and do not form part of this contract.
4.4 A single person supplement shall be payable, if following withdrawal or cancellation by other occupants, the Passenger is left as the sole occupant of a cabin, unless the second occupant has been charged with 100% cancellation fee.
4.5 Passenger requests a booking when the Passenger makes a reservation on the Website by completing the electronic booking form and pays 20% deposit of the total amount of the fare (the “Deposit”) by submitting the Passenger credit card details and authorizing payment from the Passenger credit card and clicking the box marked “ACCEPT”. By doing this the Passenger warrant that the Passenger have read and understood the information and conditions displayed on the Website and accept that the Passenger’s contract (including every person appearing on the booking) is governed by the Terms and the Carrier’s Conditions of Carriage. Passenger will be deemed to accept the booking on behalf of himself/herself and the persons whose names appear on the electronic booking form. The Contract is concluded once the Deposit is received and accepted by the Company. The Contract is evidenced by the invoice confirming the cruise booked. The Company will then provide Passenger with a booking reference number. The balance of the full fare is then payable to the Company not less than 30 days prior to sailing or if it is a late booking, full payment must be made as soon as possible after the booking is confirmed. Payment can be made through the Website using the booking reference number provided to the Passenger to access the booking and effect payment in the same way as payment of the Deposit was made or by sending the Passenger credit card details and authorizing payment from the Passenger credit card for the remaining amount via email to [email protected]
(quoting always the Passenger booking reference number). No passenger will be allowed to embark the vessel unless the price for the cruise and any other services/product reserved at the time of booking have been paid in full in accordance with these Terms.
4.6 In the event that a cruise price listed and/or quoted and/or advertised through the Website or Company’s sale person or travel agent or any other source is booked and is incorrect due to a human error, typographical error or technical error, the Company reserves the right to correct the erroneous error and request by the Passenger to pay the correct amount or cancel upon the Passenger’s written instructions the booking and make full refund of the price already paid by the Passenger. Under no circumstances shall the Company be liable in any manner whatsoever, including without limitation to honor any such booking resulting from the error.
4.7 Passenger’s booking will be charged in the following currencies, according to Passenger’s country of origin:
All EU members (except UK) Euro (EUR / €)
United Kingdom British pound (GBP / £)
All other countries US Dollar (USD / $)
4.8 The Passenger shall be at all times liable for any price due under the booking, including without limitation in the event the travel agent utilized by the Passenger in order to book a cruise with the Company has failed to remit to the Company any monies paid by the Passenger for such booking. Further, any refund made by the Company to the agent of the Passenger shall be deemed payment to the Passenger, regardless whether the agent actually delivered the monies of the refund to the Passenger.
5. SHORE EXCURIONS
5.1 All shore excursions are provided by independent contractors, namely local suppliers who will be subject to local laws, rules, regulations and standards which will form the basis upon which to assess the performance of such services. Where shore excursions are included in the booking, the package shall be regarded as having been performed if local laws and Regulations have been complied with. Such independent contractors do not at any time act as agent or representatives of the Company. It is hereby clarified that the Company does not own or control any such independent contractors, makes no representation of any kind as to their performance and/or their suitability and does not undertake to supervise their activities. It is understood and agreed that any person using such services or activities shall be entering into a contract with the independent contractor and shall be deemed to agree and consent that any liability for any death, personal injury, illness, emotional distress, mental suffering or psychological injury to the guest or loss of or damage to property shall be the sole responsibility of the provider of such service or activity. The Company shall not be or become liable or responsible in any way for any act or omission of any such provider pertaining to, or arising from or in connection with such services or activities.
5.2 It should be noted that both itineraries and timelines of the shore excursions published on the Website and in any material distributed by the Company (including brochures) are intended to be purely indicative and are subject to changes. The itineraries and timetables of the shore excursions are subject to changes due to either external factors, including without limitation weather conditions, and/or operational requirements of the service providers. The Company shall not be or become liable or responsible in any way for any alteration and/or cancellation in respect of the shore excursions.
5.3 As regards the specific nature of some excursions, not all of these will be accessible to disabled passengers. Consequently, prior to purchasing the product, the Company recommends that Passengers obtain information about the same through the Website or through our offices to find out whether the excursions they are interested in are accessible to disabled passengers.
5.4 Detailed terms and conditions applicable to the shore excursions are available upon request or these can be found at www.celestyalcruises.com. The shore excursions terms and conditions are expressly incorporated into the contract between the Passenger and the Company.
6. ALTERATION BY THE PASSENGER
Altering one’s booking after confirmation is generally not permitted except in special circumstances and subject to the Company’s absolute discretion. Such changes must be notified in writing immediately and a modification charge may be made.
7. CANCELLATION BY THE PASSENGER
If for any reason the Passenger wishes to cancel the cruise booked, the Passenger must notify the Company in writing by recorded delivery at the address set out above. Upon receipt of the Passenger’s instructions, the Company shall issue a cancellation invoice and return any money due to the Passenger.
The following charges will apply:
Cancellation fees for individual bookings:
>60 days: No Charge/Full refund
60-45 days: Loss of deposit amount
44-15 days: 50% of total cruise rate (port and service charges excluded)
14-8 days: 75% of total cruise rate (port and service charges excluded)
7 days or less: No refund except for port and service charges
The above charges are upon cruise fare. Port charges or other charges and/or products, including but not limited to shore excursions, drink packages etc., are fully refunded at any time of cancellation prior sailing.
8. ALTERATION/CANCELLATION BY THE COMPANY
8.1 Cruises in the Website are planned several months in advance and despite efforts to keep to what it is advertised it is sometimes necessary to make changes. The Company reserves the right at any time to alter or cancel any element of the cruise if the Master or the Carrier considers that such alteration or termination is for any reason whatsoever necessary for the good management of the vessel or the Carrier, or for reasons of force majeure which shall include, without limitation, bad weather conditions, war or threat of war, riots, civil commotions, disasters, acts of God, actual or threatened terrorist activities, natural and nuclear disasters, fire, closure of ports, actual or threatened strikes or any industrial action, or any other event whatsoever outside the control of the Company. The Company shall not be liable for alteration or cancellation as a result of such events which are (i) attributable to a third party unconnected with the provision of the cruise or (ii) which are unforeseen or unavoidable or (iii) are due to unusual and unforeseen circumstances beyond the control of the Company, which could not have been avoided with due care or the Company could not have foreseen or forestalled.
8.2 Where the Company is constrained before the departure to alter significantly an essential term of the contract including the price or cancellation is made prior to sailing, the Company will notify the Passenger as soon as possible and give the Passenger the following options:
(a) A full refund or any monies paid or
(b) An alternative cruise of the same or greater value at no extra cost or
(c) An alternative cruise of a lower value with a refund of the difference.
On receipt of these options the Passenger must notify us as soon as possible of the Passenger’s choice. An alternative cruise must be taken at any time within 12 months of the cancelled cruise.
8.3 If after sailing a significant element of the cruise cannot be provided, the Company will make suitable arrangements for the continuation of the cruise and compensate the Passenger for any difference in price. If it is not possible to provide a suitable alternative or the Passenger reject any alternatives, provided the Passenger’s rejection is reasonable, the Company will provide the Passenger with equivalent transport back to the place where the cruise commenced or another place which the Passenger agree to and where appropriate, offer the Passenger compensation.
8.4 The following are examples of significant alterations: an increase in the price of more than 10% and any alteration of elements that are fundamental to the enjoyment of the holiday when considered as a whole. In relation to this clause the following are not considered as significant alterations: (i) change of airline carriers, flight timetables and itineraries, provided the departure and arrival dates remain unchanged and the Passenger may embark and disembark the vessel as scheduled; (i) the substitution of the vessel; (iii) the modification of the itinerary of the cruise; (iv) a change of cabin or a change in hotel accommodation, providing that the cabin and/or hotel are in the same or higher category; (vi) changes to the programme of shows and other forms of entertainment on board the vessel.
8.5 If it is necessary for technical, operative or other good reason, the cruise operator and/or the Company may substitute the vessel with another vessel with similar characteristics. The exercise of this right is not a significant alteration as referred to in this clause.
8.6 The Carrier, and, on behalf of the same, the Captain of the vessel, may also modify the itinerary of the cruise for reasons of force majeure, or for reasons of the safety of the vessel or of navigation. The exercise of this right is not a significant alteration as referred to in this clause.
8.7 This list is not exhaustive and does not preclude the Company from treating other events as not being significant alterations.
8.8 The Company is not liable and no compensation is payable where the cruise is cancelled because the number of persons who agree to take it is less than the minimum number required. In those circumstances the Passenger will be informed in writing at least 14 days prior to the commencement of the cruise.
9. TRAVEL INSURANCE
The Passenger must ensure that the Passenger have appropriate travel insurance for the entire duration of the Passenger’s holiday to cover the Passenger for cancellation, illness, death or personal injury, medical treatment, damage to and/or loss of luggage, repatriation etc.
10.1 The Company accepts responsibility for providing all the elements of the advertised cruise but if they fail to provide what has been booked the Company is not liable if the reason is due to: (a) The Passenger’s fault or the fault of anyone named on the booking; (b) the fault of a third party unconnected with this contract; (c) any unusual or unforeseeable circumstance beyond the Company’s control which they could not have avoided even if they exercised all possible care; (d) an event which the Company or any supplier of services, even with all possible care, could not have foreseen or prevented (e) any event defined as a Force Majeure event.
10.2 The Company’s liability is limited to and shall not under any circumstances exceed that of the Carrier under its Terms and Conditions of Carriage.
10.3 The limits of liability and the time for bringing claims pursuant to the Athens Convention are expressly incorporated into these Booking Conditions for the purpose of limiting the amount of Compensation payable by the Company.
10.4 The Athens Convention is an international Convention which governs the carriage of passengers and their luggage by sea as between a Carrier and the passenger. Under the Athens Convention liability for personal injury/death is limited. The Company’s liability is limited to 46,666 SDR’s (Special Drawing Rights) under the Athens Convention where applicable from 1 January, 2013 and/or to 400,000 SDR’s per passenger per incident based on the EU Regulation 392/2009 where applicable. The Company’s liability for loss of or damage to luggage is also limited and the Athens Convention and/or EU Regulation 392/2009 is limited to the amounts specified therein which makes special provision for valuables and specifies the time limits in which to bring a claim. The Athens Convention presumes that luggage has been delivered undamaged to the passenger unless written notice is given: (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 re-delivery or from the time when such re-delivery should have taken place. The Passenger are precluded from making a double recovery against the Company for any death or personal injury, loss or damage to luggage sustained during the cruise for which a claim has already been brought against another party, including, without limitation, the Carrier.
10.5 In so far as the Company or the Carrier may be liable to a Passenger in respect of claims arising out of carriage by sea, the Company and or the Carrier shall be entitled to all the rights, defence, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in this Agreement shall be deemed as a surrender thereof. To the extent that any provision in this Agreement is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further.
10.6 Notwithstanding anything to the contrary elsewhere in this Agreement, the Company shall not in any circumstances be liable to Passengers or anyone in their party for any loss or anticipated loss of profit, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability the Company may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Passenger paid for the Contract not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then the Company’s liability will not exceed 600 Euro. The Company will not at any time be liable for any loss of or damage to valuables of any nature. The use of safes on board is not a deposit with the vessel under the Convention or the Regulation.
11.1 The Passenger warrants that he/she and all travelling on the booking are fit to travel. Any Passenger with any medical condition that may affect fitness to travel must submit a physician’s certificate prior to booking.
11.2 The Company, the local Port Authorities and/or the Carrier shall be entitled to administer a Public Health Questionnaire on their own behalf at any time. The Passenger shall supply accurate information regarding any symptoms of illness including but not limited to gastrointestinal illness. In relation to travel by sea and/or by air, the Carrier may deny boarding to any Passenger that it considers in its sole discretion to have symptoms of any viral or bacterial illness including but not limited to Norovirus. Refusal by a Passenger to complete the relevant questionnaire may result in denied boarding.
11.3 Carriers may refuse travel to any Passenger that they consider is unfit for travel, or likely to endanger health or safety or likely to be refused permission to land at any port or render the Carrier liable for maintenance of Port or repatriation. These matters are set out more fully in the Carrier’s Conditions of Carriage.
11.4 Carriers by sea may require the Passenger to remain in his or her cabin for reasons of health and safety.
11.5 Since the cruise vessels on which holidays are offered are not equipped for assistance during pregnancy or childbirth, bookings cannot be accepted from Passengers who, at the scheduled date of departure, have entered the 24th week of pregnancy unless a medical certificate of fitness to travel is provided. The Passenger’s attention is drawn to the section headed “Medical treatment” below and to the Terms and Conditions of Carriage of the Carrier. The Company is not liable and takes no responsibility if the vessel and or the doctor are unable to provide necessary treatment. The doctor on board is not qualified to deliver babies or give pre or post natal treatment.
12. DISABILITY AND SPECIAL REQUIREMENTS
12.1 ‘Disabled Person’ or ‘Person with Reduced Mobility’; means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all passengers. The Passenger are asked to provide full details at the time of booking if the Passenger or any passenger travelling in the Passenger’s booking is unwell, infirm, Disabled or has Reduced Mobility, if the Passenger/or any person travelling in the Passenger’s booking have any special seating requirements and/or if the Passenger or any person travelling in the Passenger booking need to bring any medical equipment on board. It is the Passenger’s responsibility to notify the Company prior to booking if the Passenger or any person in the Passenger’s booking need to have medical equipment on board so that the Company can ensure that the medical equipment can be carried and/or carried safely. The Passenger are asked to provide full details at the time of booking if the Passenger/or any person travelling in the Passenger’s booking needs to bring a recognized assistance dog on board the vessel. Please note that assistance dogs are subject to national regulations. Where the Company considers for the safety and comfort of the Passenger or any person travelling in the Passenger’s booking that it is strictly necessary, it may require a Disabled Person or Persons with Reduced Mobility to be accompanied by another person (if the Passenger are not their self able to provide the assistance required by the Disabled Person or Person with Reduced Mobility) who is capable of providing the assistance required by the Disabled Person or Person with Reduced Mobility. This requirement will be based entirely on the Company assessing the Passenger or any person travelling in the Passenger’s booking on the grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary. If The Passenger or any person travelling in the Passenger’s booking have any particular conditions, Disability or Reduced Mobility which require personal care or supervision then such personal care or supervision must be organized by the Passenger and at the Passenger’s expense. The vessel is unable to provide respite services, one-to- one personal care or supervision or any other form of care for physical or psychiatric or other conditions. If after careful assessing the Passenger or any person travelling in the Passenger’s booking their specific needs and requirements, the Company concludes that the Passenger or that person cannot be carried safely and in accordance with applicable safety requirements then the Company can refuse to accept a booking or embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety. The Company reserves the right to refuse to carry the Passenger or any person travelling who has failed to adequately notify the Company of any Disabilities or needs for assistance in order for the Company to make an informed assessment that the Passenger can be carried in a safe or operationally feasible manner on the grounds of safety. If the Passenger or the person travelling in the Passenger’s booking do not agree with a decision of the Company then the Passenger/they must provide a complaint in writing with all supporting evidence to the Company and the matter will be considered by a Senior Manager. The Company reserves the right to refuse to carry the Passenger or any person travelling in the Passenger’s booking who in the opinion of the Company and/or the Carrier is unfit for travel or whose condition may constitute a danger to themselves or others on the Cruise on the grounds of safety. For the Passenger’s safety and comfort , if the Passenger or any person in the Passenger’s booking become aware between the date of booking the Package and the date of commencement of the Package that the Passenger or they will require special care or assistance as detailed above then the Passenger/they are asked to inform the Company immediately so that Company can make an informed assessment whether or not the Passenger or any person travelling in the Passenger’s booking requiring such special care or assistance can be carried in a safe or operationally feasible manner.
12.2 The vessels may have a limited number of cabins suitable for mobility reduced persons or disabled persons. Not all areas of the vessels are accessible to disabled persons and/or specifically equipped to offer disabled access. Therefore, all bookings for disabled persons are subject to the availability of suitable accommodation and, if appropriate, subject to the presence of an attendant/companion who is able to assist the disabled person. Those Passengers confined to wheelchairs must furnish their own standard size wheelchair. The Company accepts no obligation to arrange alternative activities on board or on land for disabled Passengers, or any responsibility for the partial or total inability of any disabled Passenger to take advantage of advertised services or activities during the Holiday.
12.3 The Company will do its best to meet passengers’ special needs or requirements, medical, dietary or otherwise but such requests do not form part of the contract and therefore the Company cannot be liable for not providing these.
13 MEDICAL TREATMENT
13.1 The Passenger must ensure that the Passenger have a fully comprehensive travel health insurance policy covering medical treatment and repatriation. Passengers with medical history or problems are advised to seek advice from their doctor before travelling.
13.2 Whilst medical facilities are provided on board cruise vessels, the Passenger must take into account that the ship’s doctor is not a specialist and the ship’s medical centre is not required to and is not equipped to the same standards as a land based hospital but to provide general medical care. Vessels carry medical supplies and equipment in accordance with flag state requirements. Thus, neither the Company nor the Carrier or the doctor shall be liable to the Passenger as a result of any inability to treat any medical condition on board. The Passenger acknowledges that whilst there is a qualified doctor onboard it is the Passenger’s obligation or responsibility to seek medical assistance if necessary during the cruise.
13.3 Before departure, Passengers should seek appropriate advice regarding vaccines or other medicines, or precautions required for the countries they are going to visit. The Passengers must have with them all relevant vaccine certificates.
13.4 In the event of illness or accident Passengers may have to be landed ashore by the Carrier and/or Master for medical treatment. Neither the Company nor the Carrier makes any representations regarding the quality of medical treatment at any port of call or at the place at which the passenger is landed. The Company and the Carrier do not accept any responsibility whatsoever in relation to medical facilities provided ashore.
13.5 Medical facilities and standards vary from port to port. The Company and the Carrier make no representations or warranties in relation to the standard of medical treatment ashore.
14. PASSENGER DUTIES
14.1 Passengers’ behaviour must not compromise the safety, peace and enjoyment of the cruise by the other Passengers. Passengers must act prudently and follow all instructions issued by the Company and/or Carrier and comply with any administrative or statutory regulations that apply during their holiday.
14.2 Passengers must not bring live animals, firearms and ammunition, explosives, or inflammable, toxic or dangerous substances on board any vessel.
14.3 Passengers shall be liable for any damage suffered by the Company and/or Carrier and/or any supplier of any service that forms part of the Holiday as a result of the Passenger’s failure to comply with this clause. In particular, the Passenger shall be liable for all damage caused to the vessel or to its furnishings and equipment, for injury or loss to other Passengers and third parties, and also for all penalties, fines and expenses attributable to the Passenger that the Company, the Carrier or supplier may be liable to pay to the port, customs, health or other authorities of any country whatsoever.
14.4 The Passenger must provide the Company with all documents and information in his/her possession that may be needed by the Company to exercise a right of subrogation for the Passenger towards third parties that may be liable for any loss suffered by the Passenger. The Passenger is liable to the Company for any prejudice to the right of subrogation caused by failure to comply fully with this clause.
14.5 Passengers must provide the Company with all information it requests to allow it or any suppliers of services that make up the holiday to fulfill their obligations relating to security.
15. TRAVEL DOCUMENTS
15.1 Proper and valid and in full force travel documentation and eligibility to travel is required at the time of embarkation and throughout the cruise. It is the Passenger’s sole responsibility to ensure his/her eligibility to travel and that he/she has all the necessary and valid travel documents to be able to travel and conclude the cruise booked. If the Passenger fails to obtain all necessary and valid documents, embarkation onboard the vessel shall not be permitted and full cancellation fees shall be charged and you will not be entitled to any refund of the cruise rate whatsoever. Passengers are advised to check with their travel agent or the appropriate governmental authority in the Passenger’s country, in order to obtain the required valid documents. Passengers should fully inform the said authorities in detail in respect of the countries that the Passenger shall visit, a visa may be required and/or the Passenger may need to comply with certain health formalities.
15.2 Under no circumstances shall the Company be responsible in any manner whatsoever, including for any costs, damages etc. suffered by the Passenger as a result of denial of boarding or even denial of disembarkation by the relevant authorities due to Passenger’s failure to comply with the requirements under this clause. If the Company and/ or the Carrier has to pay a fine in this connection the Passenger will be required to reimburse them.
Any complaints must be made in writing to the Company and sent to Celestyal Cruises Ltd, 8 Antoniou Ampatielou Street, 18536, Piraeus Greece.
17.1 Any action, suit or proceedings against the Company or its employees (excluding any action under the Athens Convention which may be brought in any of the courts specified in Article 17 of the Athens Convention) shall, unless the Company expressly agrees otherwise in writing, be brought in the Courts of Piraeus, Greece.
17.2 Other than in respect of death and personal injury, every claim must be notified to the Company in writing within 6 months from the date on which the claim arose, and any action (not subject to the Athens Convention) must be commenced within one year from that date, failing which the Company shall be under no liability to the Passenger whatsoever.
18. THE PASSENGER’S FINANCIAL PROTECTION
All cruises on the Website are protected under a consumer protection scheme. In the unlikely event of the Company’s insolvency, appropriate measures shall be taken to refund any money the Passenger has paid to the Company.
19. DATA PROTECTION LAW 2472/1997
19.1 Information provided to us in connection with the Passenger cruise booking will be held by the Company, in accordance with the Data Protection Law 2472/1997 and any amendment thereto, which shall be used for reservations, bookings, ticket issue, and compilation of passenger’s lists, travel insurance purposes and marketing. The Passenger may obtain a copy of the personal information held about the Passenger by contacting Celestyal Cruises Ltd in writing at 8 Antoniou Ampatielou Street, 18536, Piraeus, Greece.
19.3 It is the Passenger’s responsibility to make sure that information which the Company holds in respect of the Passenger is up to date and accurate. Failure to do so will be a breach of the Terms.
20. IMPORTANT INFORMATION
• Dress Code in the dining rooms: As most of the passengers like to dress up for dinner it is advisable for ladies to wear a dress or long slacks and long trousers with shirt or jacket for men. Please refrain from wearing shorts.
• Optional excursions, expenditures of a personal nature, snacks, drinks, medical expenses, port charges and other services are not included in the price of the cruise.
• Gratuities are charged directly on the Passenger’s account. They are distributed equally among the crew and concern the services provided by the Passenger’s cabin stewards, dining room staff and maitre d’hotel staff. We therefore recommend that the Passenger do not offer any gratuities to individuals.
• For the comfort of all our guests, pipes and /or cigars are not to be smoked in cabins, waste convenience areas and public areas on board the ship, except on open decks. Cigarette smoking is allowed only in designated areas in our public rooms. The dining rooms have been declared as non-smoking areas.
• The currency on board is the Euro. Foreign exchange facilities are available at the Purser’s office.
• Any complaints and/or claims must be reported to the reception on board and the relevant form must be filled in and signed by the passengers before disembarkation.
• Transportation of passengers, luggage and effects is subject to all the terms and conditions of the Contract of Carriage (i.e. Passenger Ticket) issued by the Carrier and available for inspection together with the text of the Athens Convention at the Company’s offices at: Celestyal Cruises Ltd, 8 Antoniou Ampatielou Street, 18536, Piraeus, Greece, tel. + 30 210 4583499. The passenger by accepting and/or using and/or travelling under the terms and conditions of the Contract of Carriage accepts all conditions set out there in whether or not the Passenger Ticket has been delivered to him or her or to a third party.
All persons booking a Cruise with the Company should be aware of the applicability of the Passenger’s Bill of Rights, which are available on the Website.
23. If at any time any one or more provisions hereof is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction such provision shall, as to such jurisdiction, be ineffective to the extent necessary without affecting or impairing the validity, legality and enforceability of the remaining provisions hereof in that or any other jurisdiction and of such provision in any other jurisdiction.
24. PASSENGER BILL OF RIGHTS
The Members of the Cruise Lines International Association are dedicated to the comfort and care of all passengers on oceangoing cruises throughout the world. To fulfill this commitment, our Members have agreed to adopt the following set of passenger rights:
24.1 The right to disembark a docked ship if essential provisions such as food, water, restroom facilities and access to medical care cannot adequately be provided onboard, subject only to the Master’s concern for passenger safety and security and customs and immigration requirements of the port.
24.2 The right to a full refund for a trip that is canceled due to mechanical failures, or a partial refund for voyages that are terminated early due to those failures.
24.3 The right to have available on board ships operating beyond rivers or coastal waters full- time, professional emergency medical attention, as needed until shore side medical care becomes available.
24.4 The right to timely information updates as to any adjustments in the itinerary of the ship in the event of a mechanical failure or emergency, as well as timely updates of the status of efforts to address mechanical failures.
24.5 The right to a ship crew that is properly trained in emergency and evacuation procedures.
24.6 The right to an emergency power source in the case of a main generator failure.
24.7 The right to transportation to the ship’s scheduled port of disembarkation or the passenger’s home city in the event a cruise is terminated early due to mechanical failures. *
24.8The right to lodging if disembarkation and an overnight stay in an unscheduled port are required when a cruise is terminated early due to mechanical failures.
24.9 The right to have included on each cruise line’s website a toll-free phone line that can be used for questions or information concerning any aspect of shipboard operations. **
24.10 The right to have this Cruise Industry Passenger Bill of Rights published on each line’s website.
* At Carrier’s discretion
** Where available and feasible for all countries in a region with access to the website.