Booking Conditions

4.8 The Customer shall be at all times be liable for any price due under the booking, including without limitation in the event the travel agent utilized by the Customer in order to book a cruise with the Company has failed to remit to the Company any monies paid by the Customer for such booking. Further, any refund made by the Company to the agent of the Customer shall be deemed payment to the Customer, regardless whether the agent actually delivered the monies of the refund to the Customer.

5. INDEPENDENT CONTRACTORS: HOTEL ACCOMMODATION, AIRLINE TICKETS, GROUND TRANSPORTATION

5.1 Hotel accommodation, airline tickets, ground transportation 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 such services 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.

5.1.2 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. The Company acts as an intermediary for such products and services not directly provided by it and not forming part of the Customers package holiday. Any Customer purchasing or using such services or activities shall be entering directly 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 customer or loss of or damage to property shall be the sole responsibility of the provider of such service or activity. The Company is not a party to the contractual relationship in relation to such products and services supplied by independent contractors and as such, 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.

5.1.3 For all such services (hotel accommodation, airline tickets, ground transportation and shore excursions) booked, the independent contractor’s terms and conditions relevant to the Customers booking will apply (including without limitation relevant cancellation policies) in addition to these Terms, and these (where applicable) are expressly incorporated into the contract between the Customer and the Company.

5.1.4 Detailed terms and conditions applicable to the services described are available upon request.

5.2 SHORE EXCURSIONS

5.2.1 The Company will offer a shore excursion discount to you at the time of booking for a specific value. Should you wish to book a shore excursion to which this discount value applies you can give details of this when booking your shore excursion. These shore excursion discounts will be subject to specific terms and conditions, please make sure you read these carefully before booking any shore excursion. The Company will exercise reasonable skill and care in the selection of a reputable Shore Excursion provider.

5.2.2 As regards the specific nature of some excursions, not all of these will be accessible to disabled Customers. Consequently, prior to booking the cruise, the Company recommends that Customers obtain information about the same through the Website or through its offices to find out whether the excursions they are interested in are accessible to disabled Customers. It is the Customer’s responsibility after having obtained all necessary information by the Company as to the suitability of the shore excursion taking into account the Customer’s needs to assess whether the shore excursions are suitable for him/her or anyone travelling with them on holiday.

5.2.3 Please note 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 maybe subject to changes. The itineraries and timetables of the shore excursions may also be subject to changes due to either unavoidable and extraordinary circumstances beyond the control of the Company or 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.

5.2.4 Customers can have the option to purchase shore excursions online through the Website or onboard the vessels performing the cruise.

5.2.5 Detailed terms and conditions applicable to the shore excursions are available upon request or these can be found at www.celestyal.com. The SHORE EXCURSION TERMS AND CONDITIONS are expressly incorporated into the contract between the Customer and the Company under these booking terms and conditions.

6. ALTERATION BY THE CUSTOMER

Altering a 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 an administration charge may be made. If you change your initial cruise departure and then decide to cancel your cruise, you will be subject to cancellation charges which will be calculated from the date of your original booking and not from the later date when you changed your original departure date to a new departure date. Change of departure date does not constitute a new booking.

7. TRANSFER BY THE CUSTOMER

The Customer may transfer the Customer’s holiday contract to another person who can comply with all the terms of the contract, provided the Company is given 7 days’ notice in writing before the start of the holiday.

Where the Company agrees to the transfer, both the original Customer and the substituted Customer shall be jointly and severally liable for the payment of any balance due and for any reasonable additional fees, charges or other costs arising from the transfer (i.e., administrative fees).

8. CANCELLATION BY THE CUSTOMER

8.1 If for any reason the Customer wishes to cancel the cruise booked, the Customer must notify the Company in writing by email. Upon receipt
of the Customer’s instructions, the Company shall issue a cancellation invoice and return any money due to the Customer.

8.2 The following charges will apply:

Cancellation fees for individual bookings (cancellation policy applies
on the Fare only):

Cancellation of sold space for individual bookings will be subject to the following cancellation penalties (cancellation policy applies on the cruise fare only).

The above charges are upon the full fare of your cruise holiday. Any charges for additional travel services products and/or services not forming part of your cruise shall be fully refunded at the time of cancellation prior to sailing.

8.3 The Customer has the right to cancel the holiday contract before the start of the holiday without paying any cancellation fee in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the holiday. In such circumstances the Customer shall be entitled to a full refund, or any payments made for the holiday, but shall not be entitled to additional compensation.

9. ALTERATION/CANCELLATION BY THE COMPANY

9.1 Cruises on the Website are planned several months in advance and despite efforts to keep to what 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 unavoidable and extraordinary circumstances 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.

9.2 The Company may cancel the Customers holiday contract and give a full refund to the Customers for any payments made for the holiday, without paying any additional compensation if the number of Customers booked do not meet the minimum numbers required for the cruise to depart on its itinerary and the Company notifies the Customers of the cancellation of the holiday contract no later than: –

(i) 20 days before the start of the holiday in the case of trips lasting more than 6 days

(ii) 7 days before the start of the holiday in the case of trips lasting between 2 and 6 days

(iii) 48 hours before the start of the holiday in the case of trips lasting less than 2 days

9.3 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 Customer as soon as possible and give the Customer the following options:

(i) A full refund or any monies paid; or (ii) An alternative cruise of the same or greater value at no extra cost; or
(iii) An alternative cruise of a lower value with a refund of the difference.

On receipt of these options the Customer must notify the Company as soon as possible of the Customer’s choice. An alternative cruise may be taken at any time within 12 months of the cancelled cruise. The Company shall refund the Customer within 14 days from the time the contract is at an end.

9.4 The Company accepts responsibility for providing all the elements of the advertised cruise but if it fails to provide what has been booked, the Customer must inform the Company or its representative without undue delay if the Customer considers that any of the services under the cruise holiday contract has not been performed in accordance with the terms of the contract. Failure by the Customer to notify the Company or its representative may be taken into account when determining any price reduction or compensation for damages where such notice would have avoided or reduced the damage.

9.5 The Company shall remedy any lack of performance of the services under the cruise holiday contract raised by the Customer unless:

(i) It is impossible to do so, or

(ii) Will incur disproportionate costs, taking into account the extent of the any lack of performance and the value of the contractual service affected.

9.6 If after sailing a significant proportion of the cruise cannot be provided, the Company shall offer at no extra cost to the Customer, suitable alternative arrangements, where possible, equivalent or higher quality than those specified in the contract, for the continuation of the cruise and compensate the Customer for any difference in price.

If it is not possible to provide a suitable alternative or the Customer reject any alternatives, provided the Customer’s rejection is reasonable, the Company will provide the Customer with equivalent transport back to the place where the cruise commenced or another place which the Customer agree to and where appropriate, offer the Customer compensation.

9.7 The Customer shall not be entitled to compensation if the Company proves that the lack of performance of the contract is attributable to the Customer, attributable to a third party unconnected with the provision of the travel services included in the holiday contract and is unforeseeable or unavoidable; or due to unavoidable and extraordinary circumstances.

9.8 The following are examples of significant alterations: an increase in the price of more than 8% 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 Customer may embark and disembark the vessel as scheduled; (ii) 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.

9.9 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.

9.10 The Carrier, and, on behalf of the same, the Captain of the vessel, may also modify the itinerary of the cruise for reasons of unavoidable and extraordinary circumstances, 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.

9.11 The list of examples given above which are not considered to be significant alterations of the Customers booking is not exhaustive and does not preclude the Company from treating other events as not being significant alterations.

10. TRAVEL INSURANCE

10.1 The Customer must ensure that the Customer have appropriate travel insurance for the entire duration of the Customer’s holiday to cover the Customer for cancellation including cancellation of the contract by the Customer cost of assistance, illness, death or personal injury, medical treatment, damage to and/or loss of luggage, repatriation.

11. LIABILITY

11.1 The Company accepts responsibility for providing all the elements of the advertised cruise but if it fail to provide what has been booked the Company is not liable if the reason is due to:

(i) The Customer’s fault or the fault of anyone named on the booking;
(ii) the fault of a third party unconnected with this contract and is unforeseeable and unavoidable;
(iii) unavoidable and extraordinary circumstances;

11.2 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.

11.3 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.

11.4 The Athens Convention is an international Convention which governs the carriage of Customers and their luggage by sea as between a Carrier and the Customer. 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 Customer 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 Customer 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 Customer 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.
For claims for missing or damaged baggage the Customer must follow the rules on the back of their ticket or contained within the Carrier’s conditions of carriage. Please note, time limits apply within which to notify the Company or the Carrier and make a claim. The Company will not accept liability for high-value items which the Customer should insure for the appropriate amount. If there are no applicable limits for luggage then the Company’s liability will be limited to 600 Euro per person.

11.5 In so far as the Company or the Carrier may be liable to a Customer 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.

11.6 Notwithstanding anything to the contrary elsewhere in this Agreement, the Company shall not in any circumstances be liable to Customers 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 Customer 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.

If any international convention applies to or governs any of the services or facilities included in the Customers Booking arranged or provided by the Company, or provided by any of the Company’s suppliers, and the Customer makes a claim against the Company of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, the Company’s liability to pay the Customer or any member of the Customer’s Booking Group compensation and/or the amount (if any) of compensation payable to the Customer or any member of the Customer’s Booking Group by the Company will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include in respect of carriage by sea the PLR and where applicable, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. The Company will provide the Customer with copies of the relevant conventions if the Customer asks the Company. This means that the Company will be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other international conventions applicable to the Customers Booking and are incorporated by reference into these booking terms and conditions.

12. Health

12.1 The Customer warrants that he/she and all travelling on the booking are fit to travel. Any Customer with any medical condition that may affect fitness to travel must submit a physician’s certificate prior to booking.

12.2 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 Customer 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 Customer 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 Customer to complete the relevant questionnaire may result in denied boarding.

12.3 Carriers by sea may refuse travel to any Customer 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.

12.4 Carriers by sea may require the Customer to remain in his or her cabin for reasons of health and safety.

12.5 Since the cruise vessels on which holidays are offered are not equipped for assistance during pregnancy or childbirth, bookings cannot be accepted from Customers who, are or will be 24 weeks pregnant at any stage of the cruise. The Customer’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.

13. DISABILITY AND SPECIAL REQUIREMENTS

13.1 ‘The Customer is asked to provide full details at the time of booking if the Customer or any Customer travelling in the Customer’s booking has reduced mobility in order that the Company can consider whether the cruise holiday is generally suitable for persons with reduced mobility. The Customer are asked to provide full details at the time of booking if the Customer or any Customer travelling in the Customer’s booking is unwell, infirm, Disabled or has Reduced Mobility, if the Customer/or any person travelling in the Customer booking have any special seating requirements and/or if the Customer/or any person travelling in the Customer’s booking need to bring any medical equipment on board. It is the Customer’s responsibility to notify the Company prior to booking if the Customer or any person in the Customer’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 Customer are asked to provide full details at the time of booking if the Customer/or any person travelling in the Customer’s booking needs to bring a recognised 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 Customer or any person travelling in the Customer’s booking that it is strictly necessary it may require a Disabled Person or Persons with Reduced Mobility to be accompanied by another person 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 Customer or any person travelling in the Customer booking on the grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary.

13.2 If The Customer or any person travelling in the Customer’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 Customer and at the Customer’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.

13.3 If after careful assessing the Customer or any person travelling in the Customer’s booking their specific needs and requirements, the Company concludes that the Customer 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.

13.3 The Company reserves the right to refuse to carry the Customer 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 Customer can be carried in a safe or operationally feasible manner on the grounds of safety. If the Customer or the person travelling in the Customer’s booking do not agree with a decision of the Company, then the Customer/they must provide a complaint in writing with all supporting evidence to the Company and the matter will be considered by a Senior Manager.

13.4 The Company reserves the right to refuse to carry the Customer or any person travelling in the Customer’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 customer’s safety and comfort, if the Customer or any person in the Customer’s booking become aware between the date of booking the Package and the date of commencement of the Package that the Customer or they will require special care or assistance as detailed above then the Customer/they are asked to inform
the Company immediately so that Company can make an informed assessment whether or not the Customer or any person travelling in the Customer’s booking requiring such special care or assistance can be carried in a safe or operationally feasible manner.

13.5 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 Customers confined to wheelchairs must furnish their own standard size wheelchair. The Company accepts no obligation to arrange alternative activities onboard or on land for disabled Customers, or any responsibility for the partial or total inability of any disabled Customer to take advantage of advertised services or activities during the Holiday.

13.6 The Company will do its best to meet Customers’ 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.

14 MEDICAL TREATMENT

14.1 The Customer must ensure that the Customer have a fully comprehensive travel health insurance policy covering medical treatment and repatriation. Customers with medical history or problems are advised to seek advice from their doctor before travelling.

14.2 Whilst medical facilities are provided on board cruise vessels, the Customer 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 Customer as a result of any inability to treat any medical condition on board. The Customer acknowledges that whilst there is a qualified doctor onboard it is the Customer’s obligation or responsibility to seek medical assistance if necessary during the cruise.

14.3 Before departure, Customers should seek appropriate advice regarding vaccines or other medicines, or precautions required for the countries they are going to visit. The Customers must have with them all relevant vaccine certificates.

14.4 In the event of illness or accident Customers 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 Customer is landed. The Company and the Carrier do not accept any responsibility whatsoever in relation to medical facilities provided ashore.

14.5 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.

15. CUSTOMER DUTIES

15.1 Customers’ behaviour must not compromise the safety, peace and enjoyment of the cruise by the other Customers. Customers 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.

15.2 Customers must not bring live animals, firearms and ammunition, explosives, or inflammable, toxic or dangerous substances on board any vessel.

15.3 Customers 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 Customer’s failure to comply with this clause. In particular, the Customer shall be liable for all damage caused to the vessel or to its furnishings and equipment, for injury or loss to other Customers and third parties, and also for all penalties, fines and expenses attributable to the Customer that the Company, the Carrier or supplier may be liable to pay to the port, customs, health or other authorities of any country whatsoever.

15.4 The Customer 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 Customer towards third parties that may be liable for any loss suffered by the Customer. The Customer is liable to the Company for any prejudice to the right of subrogation caused by failure to comply fully with this clause.

15.5 Customers 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.

16. TRAVEL DOCUMENTS

16.1 It is the Customer obligation to have a valid passport, visas, medical cards and any other documents necessary for the scheduled ports of call and disembarkation. Some countries outside of the EU require a passport to have a certain period of validity left on it, such as 6 months, or blank pages 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 Customer’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 Customer fails to obtain all necessary and valid documents, embarkation onboard the vessel shall not be permitted and full cancellation fees shall be charged and the Customer will not be entitled to any refund of the cruise rate whatsoever. Customers are advised to check with their travel agent or the appropriate governmental authority in the Customer’s country, in order to obtain information on any required visa and any other
documents that they may require for their holiday or trip. Customers should fully inform the said authorities in detail in respect of the countries that the Customer shall visit to check whether the Customer will require a visa or if they would need to comply with certain health formalities.

16.2 Under no circumstances shall the Company be responsible in any manner whatsoever, including for any costs, damages etc suffered by the Customer as a result of denial of boarding or even denial of disembarkation by the relevant authorities due to Customer’s failure to comply with the requirements under clause 16.1. If the Company and/ or the Carrier has to pay a fine in this connection the Customer will be required to reimburse them.