CARNIVAL CRUISE LINE - UK CRUISE HOLIDAY BOOKING TERMS AND CONDITIONS
These terms and conditions apply to all Carnival Cruise Line holidays sold or offered for sale by Carnival in the territory of the United Kingdom, whether cruise-only or cruise with other travel services such as flight, hotel and transfers booked with us. Please read them carefully as you will be legally bound by them whether you have read them or not. The latest version of these terms and conditions is available on our UK Website.
These UK bookings conditions apply to all bookings made by calling our US Call Center or made via your UK travel agent as well as all the information published in our latest UK published brochure (and all references in these booking conditions to the brochure will mean the latest UK published brochure). In both cases you will charged in British pounds sterling (£).
Cruise-only customers: Please note: If you book a Carnival Cruise Line cruise-only holiday in conjunction with other services (such as flights, onshore accommodation and/or ground transfers) which are arranged or provided by a travel agent or tour operator (‘travel organiser’) with whom you book (and not us), your contract for your entire holiday including the cruise and all other such services and arrangements will be with your travel organiser and not with us. The travel organiser’s own booking conditions will apply to your contract. Please ensure you obtain a copy of these from your travel organiser before or at the time of booking. For the avoidance of doubt, where your travel agent makes all the arrangements for you, we will not have any liability to you in these circumstances. Please note: We do not have any liability to you in these circumstances. However, in the event we are found liable to you on any basis, our liability and/or obligations to you or your organiser will be no greater or different to the liability and obligations we have under these booking conditions to consumers who have a contract with us. In any such situation we will be fully entitled to rely on all defences, exclusions and limitations contained in the booking conditions set out below.
In these terms and conditions, unless the context otherwise requires:
(a) “ATOL Regulations” means the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 as amended by the Civil Aviation (Air Travel Organisers' Licensing) (Amendment) Regulations 2018 (and as may be further amended from time to time);
(b) “Carnival”, “we” or “us” shall mean Carnival Corporation trading as Carnival Cruise Line of 3655 NW, 87th Avenue, Miami, FL 33178, U.S.A. (Carnival);
(c) “Contract” means the Contract between Carnival and the Guest relating to the Package.
(d) “Cruise” means the cruise on board the ship as described in the relevant Carnival brochure or other documentation published by or on behalf of Carnival.
(e) "Cruise Fare" or "Fare" the amount paid for the Cruise by the Guest which includes full board accommodation and ordinary ship’s food during the voyage. The Cruise Fare does not include applicable service charges or tips, on board drinks, Shore Excursions, Carnival LIVE concerts, salon and spa services, laundry charges, telephone or cellular calls, WI-FI connection charges or any other charge or expense which is not specifically mentioned as being included within the Fare.
(f) “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 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.
(g) “Guest” or “Passenger” or “you” means each and every person named in the booking and/or in a Carnival Cruise Line ticket, including heirs, representatives of such persons and any accompanying minors.
(h) “Itinerary” means the proposed itinerary as described in the relevant Carnival Cruise Line brochure or other documentation published by or on behalf of Carnival or on the Website.
(i) “Package” means the Cruise together with any additional travel services such as flights and any pre- or post- cruise hotel stays and transfers.
(j) “Package Travel Regulations” means The Package Travel and Linked Travel Arrangements Regulations 2018;
(k) “Price” means the total Price for the Package as detailed in the confirmation invoice issued by Carnival.
(l) “Shore Excursion” means any excursion or other service or shore-based activity which is offered for sale by Carnival for a separate charge payable outside of the Price, whether reserved prior to the commencement of the Package or purchased on board the ship;
(m) “Significant Alteration” means changes to the main characteristics of your travel services forming part of your Package. We do not consider the following as Significant Alterations: (1) 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; (2) the substitution of the Vessel; (3) the modification of the Itinerary of the Cruise; (4) a change of cabin or a change of hotel accommodation, providing that the cabin and/or hotel are in the same or higher category; (5) changes to the programme of shows and other forms of entertainment onboard the Vessel.
(n) “Supplier(s)” means any company or individual contracted by Carnival to provide any service forming part of the Package.
(o) “Unavoidable and extraordinary circumstances” means a situation beyond the control of the party wishing to rely on it and the consequences of which could not have been avoided even if all reasonable measures had been taken. This may include (but is not limited to) war or threat of war, terrorist activity or the threat of terrorist activity, riots, civil commotion, disaster, Act of God, natural and nuclear disaster, fire, closure of ports, strikes or other industrial action, medical problems on board the ship or at intended ports, including, in each case, incidents of infectious or other diseases or illnesses, lawful deviation at sea in response to a distress call or other emergency and adverse weather conditions.
(a) These terms and conditions constitute the entire agreement between the Guest and Carnival. Any alteration to these terms and conditions must be in writing and authorised by Carnival. A binding Contract only comes into existence when Carnival issues a confirmation invoice. Should any term(s) be held to be contrary to or invalid under English law or by virtue of any other court of competent jurisdiction, such provision(s) shall be deemed to be severed from the Contract and of no effect and all remaining provisions herein shall remain in full force and effect and constitute the Contract.
(b) Where after the booking has been confirmed, a hotel, flight or transfer is booked, the confirmation invoice will be revised to include these new components and these will form part of the entire Contract on these terms. This includes Hotel bookings which are only available through the call center the present time.
(c) The combination of Travel Services offered to you under the Contract is a package within the meaning of The Package Travel and Linked Travel Arrangements Regulation 2018. Therefore, you will benefit from all EU rights applying to packages. Carnival will be fully responsible for the proper performance of the Package as a whole. Additionally, as required by law, Carnival has protection in place to refund your payments and, where transport is included in the Package, to ensure your repatriation in the event that it becomes insolvent. For more information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 please visit the Package Travel and Linked Travel Arrangements 2018 page. You can also view a complete copy of the Package Travel and Linked Travel Arrangements Regulations 2018 by visiting the Package Travel and Linked Travel Arrangements 2018 PDF.
3. BOOKINGS AND DEPOSIT
(a) To make a booking, please contact our Call Center on 0845 351 0556 or a bonded travel agent who will make a booking with us on your behalf. By making a booking, the Guest confirms that all persons named in the booking including minors and those under a disability (and their personal representatives) have agreed to be bound by these terms and conditions and that the Guest has their authority to do so on their behalf. The booking is valid only for those named on the booking.
(b) All of our cruises and other holiday elements advertised in our brochure are subject to availability at the time of booking. Subject to availability, you can reserve a specific cabin of your choice, however specific cabin assignments are not guaranteed and Carnival reserves the right to move Guests to a comparable cabin for any reason, including but not limited to, instances in which a cabin is booked with fewer than the maximum number of Guests the cabin can accommodate or when a partial Guest cancellation occurs and the remaining number of Guests do not match the maximum number of Guests the cabin can accommodate.
(c) Bookings for cruises on Carnival ships may only be made by a person aged 21 or over. Carnival may cancel the booking or refuse boarding to any Guest under the age of 21 unless: (1) the Guest is travelling in the same cabin with an individual aged 25 or older who will at all times during the Package be responsible for their welfare, conduct and behaviour; (2) travelling in the same cabin with their spouse; or (3) travelling with a parent or guardian in an accompanying cabin. This policy is based on the convenience and comfort of Carnival’s guests. Proof of age and/or proof of marriage are required. Carnival shall not be liable to make any refunds or for any compensation with respect to any Guest’s failure to provide proper proof of age or marriage or otherwise comply with this provision. Adult Guests are responsible for the welfare, safety and behaviour of their minor guests at all times during the cruise. Infants must be at least 6 months of age at the time of embarkation in order to sail, however children must be at least 12 months of age at the time of embarkation to sail on the following itineraries: Transoceanic voyages and remote itineraries, where there are more than 2 consecutive sea day (this excludes voyages which navigate adjacent to coast lines where appropriate emergency pediatric medical care may be available at a port of refuge, or from external support, within 1 day of cruising). Standard Cruise fares apply to minors.
(d) A Guest does not have the right to exclusive occupancy of a cabin with two or more berths unless the single person supplement is paid. If a cancellation reduces the number of Guests originally booked in a cabin together, the remaining Guests shall each be liable to pay any increase in the Price arising as a result of such reduction. In the event that all Guests who are booked in a cabin permanently disembark the ship before the end of the cruise, then the cabin will revert to Carnivals’ inventory.
(e) Carnival reserves the right to offer promotional Cruise fares that require a minimum occupancy requirement per cabin. When the booked Cruise Fare is contingent on a minimum occupancy requirement per cabin, cancellation by one or more Guests in a cabin may cause an adjustment to the remaining Guests booked Cruise Fare based on the prevailing and available rate at the time of the cancellation (“recalculated Fare”). Final payment in full of the recalculated Fares for all remaining guests in a cabin is due by 11:59:59 p.m. EST on the eve before the start of the cancellation charge period. Failure to make timely final payment in full of the recalculated Fares by all remaining guests in a cabin will result in automatic cancellation of the booking for the entire cabin.
(f) The table below gives our usual deposit amounts per person on account of each Cruise Fare payable, at the time of publication of these terms and conditions. However, these are subject to change and you will be advised the correct deposit amount before you make your booking. An additional deposit amount may be required for any additional travel component added to your booking.
Duration of Cruise
Deposit required per person
6 + nights
All deposits paid are non-refundable.
For the Instant Saver price program, full payment of the total price is due at booking.
* Equivalent value in Euros for those eligible to transact in this currency.
For deposit requirements related to group bookings, partial ship charters or full ship charters, please refer to your charter Contract or group booking agreement for the terms and conditions that apply to cancelling or amending your booking.
(g) Back-to-back cruises (i.e. two or more cruises that are taken sequentially) constitute two separate bookings. Accordingly we require two deposits, one for each booking. There is the possibility you will be allocated different cabins on each cruise, therefore necessitating the need to move between cabins on the changeover day between cruises.
(h) To confirm your booking, you must make the following payment to Carnival (if you have booked directly with Us) or to your travel agent:
(1) For cruises 2-5 days in duration, if you book more than 75 days before departure, you must pay the deposit to reserve your holiday; if you book 75 days or less before departure (a “late booking”), you must pay the total Price to book your holiday. Payments for late bookings must be made in cleared funds (i.e. by BACS or CHAPS transfer or by credit/debit card).
(2) For cruises 6 days or more in duration and for all European, Alaskan, Transatlantic, Transpacific and Panama Canal cruises, if you book 90 days before departure you must pay the deposit, if you book 90 days or less before departure (a “late booking”), you must pay the total Price to book your holiday. Payments for late bookings must be made in cleared funds (i.e. by BACS or CHAPS transfer or by credit/debit card).
Failure to pay the balance of the Price by the due date specified in the Carnival confirmation invoice shall entitle Carnival to cancel the booking and retain the deposit by way of a cancellation charge. Failure to pay any other amount by the due date shall entitle Carnival to treat the booking as cancelled and retain an amount by way of a cancellation charge as set out in clause 9.
(i) Booking your flights with Carnival’s FLY2FUN air programme:
If you are participating in our FLY2FUN fly-Cruise Package programme you will have the opportunity to select your flight(s) to your embarkation/debarkation city from a list of regional airports in the UK to an airport near the departure point of your Cruise and return air transportation from an airport near the termination point of your Cruise to the airport from which you departed. Carnival reserves the right to add or withdraw an airport from the programme at any time. FLY2FUN bookings are subject to air carrier’s availability and restrictions. Flight schedules and/or availability may require overnight hotel accommodation either to join and/or to return from your Cruise and Guests will be responsible for securing their own hotel accommodation and will be responsible for all costs of the hotel together with taxes, porterage and transportation between the hotel and the airport/pier. Flight details can be viewed at the Fly2Fun page.
Schedule Changes: If an airline changes the schedule of flights booked under our FLY2FUN air programme, Carnival shall have the right to change or alter flight arrangements in order to meet our ship departure and/or arrival times. If tickets have already been issued, Carnival will adjust your Itinerary or air carrier accordingly and will notify Guests of any price adjustments that may be necessary.
Cancellation or change by Guest: Unless a special pricing program with different terms is offered or you choose our FLY2FUN Flexible Fares, your flight is subject to the cancellation charges set out in Section 9. Guest transfers and/or amendments to air, secured within 60 days prior to departure, are subject to an amendment charge of 35% of the air price per guest for FLY2FUN Flexible Fares and 100% for FLY2FUN Restricted Fares. Some airlines do not allow transfers on scheduled booked flights, and thus We may have to cancel the previously booked flight and rebook to complete the requested change; transfers and amendments to air are subject to availability, and you are responsible for payment of any charges imposed resulting from the change. Cancellation of UK flights will result in cancellation of the ATOL certificate. Your cruise will then be protected under the ABTA bond for UK guests.
Flight Information and luggage: It is the Guest’s sole responsibility to re-confirm flight arrangements within 48 hours of flight departure. Please note that although Carnival can pass requests for seat assignments, special meals, and special assistance to the airlines, we cannot guarantee that all requests will be honored. For the best travel experience, we recommend that guests or their travel agents contact the airline directly to confirm these requests. Guests are responsible for luggage fees, excess luggage charges as well as any other charges imposed by airlines or airports. For additional information on airline’s baggage charges and fees please refer to the Airline and Baggage Fees FAQs page.
(j) Guests are responsible for ensuring that they arrive in plenty of time for check in for flights to/from the ship including any interconnecting flights. Guests are responsible for checking with regard to any delay/cancellation of flights.
(k) Where a travel agent acts as our authorised agent for a booking, any payments of money accepted by the travel agent from you is held for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the travel agent’s obligation to pay such funds to us for so long as Carnival does not fail as a business (as defined in the ATOL Regulations). If Carnival fails as a business, any money held at that time by the travel agent acting as our agent, or subsequently accepted from you by the travel agent, is and continues to be held by that travel agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us as principal ATOL holder. Any refund made by Carnival to a travel agent on behalf of Guest shall be deemed to be payment to Guest, regardless of whether the monies are delivered by the travel agent to Guest. Receipt of tickets for your Package and any other documentation or notification pertaining to the Package by Guest’s travel agent shall constitute receipt by Guest.
(l) Tickets will not be issued until final payment has been received by Carnival. Tickets are valid only for the person(s) named on the tickets as Guests and cannot be transferred or modified without Carnival’s written consent. Guest must have a valid ticket in the Guest’s name in order to board the ship and embarkation may be refused at Carnival’s absolute discretion if a valid ticket is not provided. See Section 5 below for more information about Guest's right to transfer and amend.
4. IMPORTANT INFORMATION ABOUT NATURE OF CRUISE AND GUEST’S RESPONSIBILITIES
(a) Safety: Guests must attend all mandatory safety briefings and muster drills at the commencement of the Cruise and any subsequent briefings or drills ordered by the ship’s officers during the Cruise. Guests shall comply with all onboard health and safety policies and procedures and shall familiarise themselves with the nature and character of the ship, as well as all emergency exits to assist with a safe evacuation of the ship in the case of an emergency.
(b) Medical facilities: All Guests acknowledge that whilst there is a qualified doctor on board it is the Guests obligation and responsibility to seek medical assistance if necessary during the cruise. 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 ships medical Centre is not designed for the provision of extensive or continuing treatment. The ship carries medical supplies and equipment in accordance with the requirements of its flag state. Neither Carnival nor the ship’s doctor shall be liable to the Guest as a result of any inability to treat any medical condition as a result. Charges will apply for services dispensed by the ships medical Centre.
In the event of illness or injury a Guest may have to be landed for medical treatment ashore. No representations are made regarding the quality of medical treatment at any port of call or at the place at which the Guest is landed. Medical facilities and treatment do vary from port to port. Wherever possible, Carnival will offer general assistance to any Guest who suffers illness, personal injury or death during the period of the Package, whether or not arising from an activity forming part of the Package and whether or not the result of fault by any party. Any costs or expense which is reasonably incurred by Carnival for or on behalf of the Guest in respect of any form of medical, dental or similar treatment, hotel, transportation, repatriation or any other expense shall be repayable by the Guest to Carnival, whether or not such sum is covered by the Guest’s travel insurance. Carnival reserves the right to take any action that it considers appropriate to recover any such costs or expense. The Guest agrees to fully indemnify and reimburse Carnival in the event Carnival elects to advance the cost of such costs and expenses.
Please note that the medical facilities on board Carnival ships are NOT equipped to perform dialysis. The shipboard doctors are not trained to provide dialysis treatments but are able to assist in emergency situations. It is the responsibility of the Guest to provide all dialysis equipment and treatment. This includes antibiotics. A risk assessment shall be carried out at the time of booking to ensure that the Guest can be carried safely and in accordance with applicable laws.
In relation to any other medical equipment there are limited storage facilities on board. There are restrictions on the number and type of oxygen cylinders that can be carried in cabins. The ships medical centre cannot carry liquid oxygen or refill or supply oxygen cylinders. You must check prior to booking if the equipment can be carried on board. Note that not all medical equipment can be carried or used on board aircraft.
(c) Pregnancy: Guests understand and acknowledge that in addition to the limitations on medical care described in Clause 4(b) prenatal and early infant care, in particular, may require specialised diagnostic facilities and/or treatment that are not obtainable during the Cruise on board the ship and/or ashore in ports of call. The ship’s doctor is not qualified to deliver babies or to offer pre or post-natal treatment and no responsibility is accepted by Carnival in respect of the inability to provide such services or equipment.
Carnival recommends that women who are pregnant should seek medical advice prior to travel. Carnival does not have on board its ships adequate medical facilities for childbirth. Accordingly for reasons of health and safety Carnival regrets it cannot carry pregnant guests if at any time during the cruise she will enter the 24th week or more of estimated gestational age.
All pregnant women are required to produce a doctor’s letter stating that mother and baby are in good health, fit to travel taking into account the proposed Itinerary and that the pregnancy is not high-risk. The letter must also include the estimated date of delivery calculated from both the last menstrual period and ultrasound (if performed). Carnival cannot accept a booking or subsequently carry a Guest unless they comply with the requirement of this clause.
In the case of a booking by or on behalf of a pregnant Guest made before she could reasonably have been known that the Guest would not be able to join the Package by reason of the pregnant entering the 24th week of estimated gestational age at any time during the cruise; Carnival will refund in full the Price paid by or on behalf of that Guest and the Price paid by any accompanying Guest, provided that the pregnant Guest notified Carnival as soon as reasonably practicable upon becoming aware that she would not be able to join the Package, but shall otherwise have no liability whatsoever.
Carnival expressly reserves the right to refuse passage to board to any Guest who appears to be in an advanced state of pregnancy and Carnival shall have no liability whatsoever in respect of either such refusal and/or the carriage of any such Guest.
(d) Health: Carnival’s ships visit numerous ports in a number of countries. You are solely responsible for checking with your doctor/travel agent which vaccinations or medication are recommended or required for those countries. If you have any health issues which may require emergency treatment or specialized equipment, you must notify us at the time of booking. See Section 8 which contains important information.
(e) Weather conditions: The Guest acknowledges and agrees that the cruise may be booked in a location that is susceptible to severe weather systems, including but not limited to, hurricanes, tropical storms and depressions, and that Carnival reserves the right to alter the ship’s course, ports of call, Itinerary, activity and shore excursions to avoid such weather systems and ensure the comfort and safety of the Guest and crew, without liability to the Guest. There is no obligation on Carnival to advise passengers of weather forecasts prior to a Cruise. Guests cannot cancel a cruise if the weather forecasts do not meet their expectations.
(f) Travel documents: Whilst Carnival, or your travel agent, can give you general guidance on passport and visa requirements, it is the legal responsibility of each Guest to ensure that there is valid and appropriate travel documentation including passports and visas for each Guest for eligibility to travel at the time of embarkation and throughout the Package and the various ports of call for the cruise. In addition to immigration and customs requirements, the U.S. Government and others place restrictions on the carriage of Guests whose names appear on Government watch lists or who are deemed legally ineligible to travel. It is the Guest’s sole responsibility to ensure his/her legal eligibility to travel. Carnival is not responsible for obtaining visas for any Guests - Guests are advised to check with their travel agent or the appropriate Government authority to determine the necessary documents and travel eligibility requirements. Carnival may cancel the booking of any Guest who is or becomes ineligible to travel for any reason, or who is travelling without proper documentation. Under these circumstances the Guest will not be allowed to board the ship and no refund of the Cruise Fare or the Price or other compensation will be provided. Under no circumstances shall Carnival be liable for any costs, damages or expenses whatsoever incurred by any Guest as a result of such cancellation or denial of boarding. If the Guest boards the vessel then this does not create any liability to Carnival if it is subsequently assessed that the Guest does not have valid or appropriate travel documents and or visa requirements for all or part of the Package even where Carnival representatives have seen the documents prior to boarding.
(g) US round trip cruises: Guest acknowledges that, for a cruise commencing in a United States port for a round-trip cruise via one or more United States ports, Guest must complete the cruise and disembark at the embarkation port. Failure to do so may result in a fine or penalty being imposed by the United States Customs Service or other governmental agency. In consideration for the Fare paid, Guest agrees to pay any such fine or penalty imposed because of Guest’s failure to complete the voyage.
(h) Insurance: It is a condition of the Contract with Carnival that all Guests must have full and valid travel insurance in force for the entire duration of their Package. Insurance cover must include, as a minimum, cancellation of your cruise and the other components of your Package, medical and repatriation coverage for not less than £2 million and the cost of emergency evacuations from the ship, including by helicopter. Your travel insurance must also cover pre-existing medical conditions worldwide, or as a minimum, in the countries that the Guest is due to visit. Any cost or expense which is reasonably incurred by Carnival, its agents or any third party provider for or on behalf of the Guest in respect of any form of medical, dental or similar treatment, hotel, transportation, repatriation or any other expense shall be repayable by the Guest to Carnival, whether or not such sum is covered by the Guest’s travel insurance.
(i) The Guest admits a full understanding of the character of the Vessel and assumes all risks incident to travel and transportation and handling of Guests and cargo. While at sea or in port the availability of medical care may be limited or delayed. Guest acknowledges that all or part of their voyage may be in areas where medical care and evacuation may not be available. Guest agrees to indemnify and reimburse Carnival in the event Carnival elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith. Guests who embark in violation of the Ticket Contract terms assume all associated risks and agree to indemnify and reimburse Carnival for all resulting losses, costs and expenses, including without limitation those related to the Vessel’s deviation from its scheduled route, and other expenses attributable to disembarkation of such Guests. Guests are encouraged to contact Carnival at email@example.com prior to sailing with any questions about their fitness to travel.
5. AMENDMENTS AND TRANSFERS
Your Package can be transferred to another person prior to the start of the Package for any reason, provided that you give Carnival no less than 7 days’ notice before your departure date. The replacement Guest must satisfy all conditions applicable to the Package and Carnival may require satisfactory evidence before agreeing to the transfer. Where Carnival agrees to the transfer, both the Guest and the substituted Guest shall be jointly and severally liable for the payment of any balance of the fare due and for any reasonable additional fees, charges or other costs arising from the transfer. Carnival will charge an administration charge of $50 USD, or its equivalent in foreign currency for effecting such a transfer within 60 days prior to departure date. Subject to the foregoing, guest transfers and/or amendments to the Package or the Cruise (e.g. change of sailing date or change of ship) will generally be treated as a cancellation based on the table below and are subject to the cancellation terms in clause 9.
6+ days and all Alaska, Europe, TransAtlantic, TransPacific and Panama Canal cruises
Guests transfers and/or amendments to air booked on FLY2FUN Restricted Fares are not permitted and subject to a cancellation charge of 100% of air price. Transfers and/or amendments to air booked on FLY2FUN Flexible Fares, within 60 days prior to departure are subject to an amendment charge of $200 USD per guest (We define this as change in air city, air schedule change or removal of air. If the guest is no longer travelling we actually cancel the guest and they are subject to standard penalties for the air, and we add a new guest and if new guest wants air they are treated as new.) Some airlines do not allow transfers on scheduled booked flights, and thus we may have to cancel the previously booked flight and rebook to complete the requested change; transfers and amendments to air are subject to availability, and you are responsible for payment of any charges imposed resulting from the change.
6. PRICES AND CARNIVAL’S RIGHTS TO VARY PRICES AND EXTRAS
(a) Carnival reserves the right to vary particulars and prices shown in the brochure after the date of publication. Prices, discounts, supplements (including fuel supplements) and special offers advertised in the brochure or elsewhere may be withdrawn or changed. Prices may go up or down. Guests will be advised of the current prices and charges before their booking is confirmed.
(b) Carnival reserves the right to vary the Price of your Package after your booking has been confirmed due directly to changes in transportation costs such as fuel or other power sources, changes in taxes or fees on the travel services included in your Package imposed by third parties not directly involved in the performance of the Package (including, but not limited to tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports);, and currency changes in relation to an exchange rate variation.
If such Price variation(s) mean that the Guest has to pay an increase of more than 8 per cent of the Price, the Guest may cancel the Contract and receive a full refund of all monies paid (except for any amendment charges or insurance premiums). Carnival will consider an appropriate refund of insurance premiums paid if the Guest can show that he/she was unable to transfer or re-use the policy. Should the Guest decide to cancel for this reason, the Guest must exercise his right to do so within the period that we specify in the notice of price change. Alternatively, the Guest can accept an offer of an alternative Package (if we are able to provide an alternative) and transfer payment made in respect of the original Package to the alternative Package. If the cost of the alternative Package is less than the original Package, the difference in Price will be refundable. If you do not accept the alternative Package and terminate the Contract, we will provide you with a refund together with any compensation that may be payable in accordance with the Package Travel Regulations and Clauses 5 and 9 as appropriate. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the Price of your Package due to contractual and other protection in place. No Price increases shall be made less than 20 days before departure.
Likewise the Guest has a right to a price reduction corresponding to any decrease in the costs referred to in the above paragraph that occurs once the contract is concluded. In this case We may deduct administrative expenses from any refund owed to the Guest as a result of the reduction in price.
(c) All on board accounts (Sail & Sign account) for on-board services and goods, Shore Excursions and other activities, and spa treatments, whether booked in advance or onboard the ship, are payable in United States Dollars (USD) and must be settled in full with Carnival by credit card or debit card before the Guest leaves the ship. If a Guest fails to settle his on board account at or before completion of the cruise, Carnival reserves the right to charge interest on the outstanding sums until the date of actual payment and shall be entitled to make a reasonable administration charge for the subsequent collection of such sum due in addition to any costs of legal process. We also reserve the right to cancel any future bookings that the Guest may have and to set off any sums owed to Us by the Guest against any sums due to the Guest from Us, without prejudice to any other remedies We may have under these terms and conditions or otherwise.
7. LUGGAGE, PERSONAL PROPERTY, ANIMALS AND PROHIBITED ITEMS
(a) Each fully paid Guest will be allowed a reasonable amount of luggage containing their personal belongings and, subject to section 8, medical/mobility equipment on board the ship. Luggage means only trunks, valises, satchels, bags, hangers and bundles with their contents consisting of clothing, toiletries and similar personal effects as are necessary and appropriate for the purpose of the journey. All luggage, including wheelchairs and mobility aids, must be kept in the Guest’s cabin. See also section 8 below. Where Guests are travelling by air they are required to check the airline restrictions for luggage which may be less than that allowed by Carnival on the Cruise. Weight and size restrictions are set out in the A to Z of Cruising contained in our brochure It is mandatory that all Guests purchase a travel insurance policy that covers luggage, contents and accidents.
(b) Where Carnival has authorised the Guest to bring mobility or other medical equipment on board pursuant to section 8, Guests are restricted to having on board the ship two pieces of mobility or other medical equipment with a combined value not exceeding £3,500 per cabin, unless otherwise agreed in writing with Carnival at the time of booking. Other conditions for such equipment are set out below. The cost for loss or damage to mobility and other medical equipment caused by the fault or neglect of Carnival or a shipping incident is subject to Carnival’s absolute discretion to either repair or replace the equipment.
(c) Carnival shall not be liable for any loss or damage before luggage comes into Carnival’s actual custody onboard or after baggage leaves Carnival’s actual custody onboard, including, but not limited to, loss or damage by airlines or other transportation services; any loss or damage of baggage while not in the actual possession, custody and control of Carnival; damage due to wear, tear or normal usage; any loss or damage of perishable items, medicine, alcoholic beverages, cash, securities or other financial instruments, or any loss or damage while in the custody and control of stevedores. Carnival’s liability for lost or damaged luggage carried at sea shall be limited in accordance with EU Regulation 392/2009 on the Liability of Carriers of Passengers by Sea in the Event of Accidents (EU Regulation 392/2009) and The Athens Convention 2002, copies of which are available on request. The applicable limits are set out in section 16 - limitations on liability.
(d) Carnival shall not be liable for the loss of or damage to money, negotiable securities, gold, silverware, ornaments, works of art, or other valuables, except where such valuables have been deposited with Carnival Guest Services for the agreed purpose of safe-keeping in which case Carnival shall be liable up to the limits set out in the Athens Convention 2002 and EU Regulation 392/2009, unless higher limits are agreed in writing. See section 16 for the applicable limits. Use of the cabin safe-deposit box shall not constitute safe-keeping by Carnival and articles are kept in the safe-deposit at Guest’s own risk. Guests must ensure that their personal possessions and valuables are with them at all times.
(e) No Guest is permitted to bring on board ship live animals except for a specially-trained assistance dog which is part of the Pet Scheme. Notice must be given to Carnival at the time of booking and no less than 14 days before departure. For reasons of safety there is a limit to the number of assistance dogs that can be carried on board. Guest will be solely responsible for any and all damage and/or loss caused by assistance animals. Many of our ports of call have strict entry requirements for animals so Guests who wish to disembark in ports of call should ensure that they know the policy of each destination before making their booking as Carnival will not be liable for any failure to visit a port of call due to such entry restrictions. No other animals including comfort animals or pets will be allowed to travel.
(f) Weapons, firearms, contraband, ammunition, explosives, incendiary devices, or other dangerous items are strictly prohibited on board ship. Carnival reserves the right to confiscate, destroy and/or turn over to authorities these or any other items it deems in its sole discretion to be detrimental to the safety or comfort of any person or which are otherwise improperly in the possession of any Guest. Each Guest warrants that no such articles are contained in any receptacle or container carried or presented as luggage. Alcoholic beverages are prohibited except as provided for in clause 11(g). All Guests agree that Carnival has, at all times with or without notice, the right to search Guest’s baggage and/or personal effects for any of the prohibited items, at any location, to ensure compliance with these safety restrictions. Any Guest who refuses any such search or screening, or any Guest travelling with such items, may be denied boarding or disembarked and no refund of the Cruise Fare or Price will be issued. The Guest will be solely responsible for any and all damage and/or loss caused by his violation of this policy.
8. FITNESS TO TRAVEL, SPECIAL NEEDS, FOOD ALLERGIES PREGNANCY, INFANTS, DRINKING, DISEMBARKATION
(a) The Guest making the booking represents that he and those travelling with him are physically fit to travel at the time of embarkation and the Guest must notify Carnival in writing at the time of booking the cruise of any condition, including but not limited to reduced mobility or any disability, of any Guests in the booking which may require special arrangements, medical equipment/ supplies, care or assistance during the cruise, embarkation or disembarkation or at the port terminals and of any specific needs with regards to accommodation, seating or services required and whether they need to bring any specific medical equipment on board or assistance dogs on board. Carnival may refuse boarding to Guests that cannot be carried safely and in accordance with all applicable safety requirements established by International EU or national law or where embarkation, disembarkation and carriage of the Guest cannot be carried out in a safe and operationally feasible manner. All notifications of such specific needs must be provided to Carnival at 0845-351-0556 or toll free at 0808-234-0680 to discuss the details of their specific needs. Carnival ships have a certain number of cabins that have been modified for people with disabilities or limited mobility. These must be requested on booking and are sold on a first come first serve basis.
Carnival can refuse to accept a booking or refuse to embark any Guest on the grounds of safety taking into account the provisions of applicable law including the International Management Code for the Safe Operation of Ships and for Pollution Prevention and the International Convention for the Safety of Life at Sea. It is important that the fullest information is provided by the Guest at the time of booking.
(b) Where strictly necessary in order to meet with applicable safety requirements, Carnival may require a Guest with a Disabled Person or Person with Reduced Mobility to be accompanied by another person who is fit and able to assist them in day to day tasks and capable of providing the assistance required by the Guest. This requirement will be based on safety grounds and may vary from ship to ship and/or Itinerary to Itinerary. Examples of Guests who may fall into this category include Guests who are confined to wheelchairs or who require assistance with personal care including feeding. The assessment of whether or not it is strictly necessary for a Guest to be accompanied will be based on information provided at the time of booking.
(c) If the Guest has any particular conditions, or is a Disabled Person or Person with Reduced Mobility and requires personal care or supervision, then such personal care or supervision must be provided by the Guest at the Guest’s expense. The ship 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.
(d) If a Guest’s circumstances change between the date of booking the Cruise and the date of commencement of the Cruise, the Guest must inform Carnival as soon as possible and advise any need for special arrangements, medical equipment/ supplies, care or assistance. Carnival reserves the right to refuse to carry any Guest who has failed to provide adequate notice to Carnival of any disabilities or need for assistance or need for medical equipment.
(e) Carnival reserves the right to require any Guest to produce medical evidence of fitness to travel on the Cruise.
(f) It is important that Guests contact the manufacturer or supplier to ensure that any medical equipment they are intending to bring on board ship is safe to use. It is the responsibility of the Guest to arrange delivery to the Ship prior to departure of all medical equipment and to notify the Carnival prior to booking if they need to have medical equipment on board. It is the Guests 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. Guests must be able to operate all equipment.
(g) Some ports of call are anchorage ports, and physical conditions may preclude a Disabled Person or Person with Reduced Mobility from going ashore. This decision must be made by the Captain of the Ship based on safety and is binding.
(h) Where a Guest is refused a booking or Carriage based on safety or other grounds connected with disability or mobility then the Guest may require this decision to be provided in writing and Carnival will provide reasons in writing within 5 working days of the request. If the Guest does not agree with the decision of Carnival then the Guest can make a complaint which must be in writing or other permanent suitable means with all supporting evidence. For further information see section 16(f).
(i) Guests who need the regular use of a wheelchair during the cruise must furnish their own or rent for their own use a standard size wheelchair/scooter. Ships’ wheelchairs are available for emergency use only and for embarkation and debarkation for Guests that require it on a first-come first-served basis. For the safety of the ship and all Guests on board, all wheelchairs and other aids to mobility must be stored in the Guest’s cabin and not in the ship’s corridors. Segways and other similar vehicles are not permitted on board our ships for safety reasons. As some ports of call on our itineraries are accessible only by tender, We cannot guarantee that there will be wheelchair accessibility in every port of call on your Cruise Itinerary and access to tenders to individual wheelchair users will be assessed based on safety risks.
(j) Carnival and/or the relevant port authorities shall be entitled to administer a Public Health Questionnaire at any time. All Guests agree to complete the pre-boarding questionnaire and to supply accurate information regarding any symptoms of illness including but not limited to gastro-intestinal illness. In the interest of health and safety Carnival may deny boarding to any Guest who has symptoms of any viral or bacterial illness including but not limited to Norovirus. Where illness is diagnosed on board the vessel all Guests agree that they may be required to remain in their cabins for such duration as required by the ship’s doctor. Refusal by a Guest to complete the relevant pre-boarding questionnaire may in itself result in denied boarding. All cases of denied boarding will be treated as a cancellation attracting 100% cancellation charges in accordance with clause 9. Refusal to remain in the cabin or otherwise reasonably co-operate or follow the Doctor’s or Captain’s instructions following illness may result in the Guest being disembarked at the next port of call in which case Carnival shall have no further liability to the Guest.
(k) Carnival, acting via the Master, reserves the right to refuse passage, disembark or confine to a cabin any Guest whose physical or mental condition, or behaviour is considered in the sole opinion of the Captain and/or the ship's doctor to constitute a risk to the Guest's own well-being or that of any other Guest or crew member. Carnival and the Captain reserve the right to disembark any Guest whose behaviour affects the comfort, enjoyment, safety or well-being of other guests or of any crew.
(l) Guests are reminded that some foods may cause an allergic reaction in certain people due to intolerance of some ingredients. If the Guest has any known allergies, or is intolerant to any food, he/she is required to report it to the Maître d’hôtel as soon as convenient after boarding the ship. It is the responsibility of the Guest to ensure that he/she actively avoids any food he/ she is allergic to. Carnival will take all reasonable care if made aware in writing of any specific food or ingredient the Passenger has an allergic reaction to and will assist the Guest within reason to avoid any such food or ingredients if made aware by the Guest prior to ordering such food. Carnival is not under any obligation to prepare or provide special meals for Guests.
9. CANCELLATION BY GUEST
Bookings will be held until 30 minutes prior to departure and arrivals any later than this time will be deemed to be a “no-show” and treated as a cancellation by the Guest. No refunds will be made in the event of “no shows”, unused tickets, lost tickets or for cancellations received late or after the start of the Cruise. You may cancel your booking at any time before departure by [accessing your booking on the Website] or by calling Carnival at 0845 351 0556, or via your travel agent who will notify Us on your behalf. If you cancel your holiday, Carnival will incur costs in cancelling your arrangements and therefore you must pay to Carnival the cancellation charges listed below which are either the deposits or a percentage of the Price, whichever is greater, and are based on the amount of time that you cancel before departure. For cancellation charges related to group bookings, partial ship charters or full ship charters, please refer to your charter Contract or group booking agreement for the terms and conditions that apply to cancelling or amending your booking. Carnival strongly recommends the purchase of holiday cancellation insurance as it may be possible for Guests to reclaim cancellation charges under their insurance policy. Claims should be submitted to the appropriate insurer.
Days prior to departure date
Cancellation charge per guest
Up to 56 days
Deposits towards Total Price (except Instant Saver*)
Deposit or 50% of Total Price, whichever is greater (except Instant Saver*)
Deposit or 75% of Total Price, whichever is greater (except Instant Saver*)
14 days or less
100% of Total Price (except Instant Saver*)
FLY2FUN Restricted Fares
100% of Total Air Price
Total Price is defined as Cruise Fare, Air Fare, Transfer Services and Hotel Stay.
All deposits paid are non-refundable.
*Instant Saver: Subject to 100% cancellation penalty since full payment of Total discounted Price is due at booking.
However, in the event of Unavoidable and Extraordinary Circumstances occurring at the place of destination or its immediate vicinity which significantly affects the performance of the Package or your carriage to that destination, the Guest may terminate the Contract before the start of the Package without paying any cancellation charge.
10. CARNIVAL’S RIGHT TO CANCEL OR MAKE A SIGNIFICANT CHANGE
(a) Carnival will do its best not to cancel or make any Significant Alteration to the Package after a booking has been made, however Carnival shall be entitled to cancel the Package Contract or change or curtail the Package where this becomes reasonably necessary on operational, commercial or other grounds. Whenever Carnival makes a change to the Package, even if an insignificant change, Carnival will inform the Guest or his travel agent as soon as possible.
(b) If Carnival:
(1) is constrained by circumstances beyond its control to make a Significant Alteration to the Package, or cannot fulfill the special requirements of the Guest that it has agreed to in the Contract, the Guest will have the choice of either accepting the alteration, accepting an offer of an alternative holiday of comparable standard if available (Carnival will refund any Price difference if the alternative is of a lower value) or cancelling the Package and receiving a full refund of all monies paid. The Guest recognises and agrees that it will not normally be possible for Carnival to offer an appropriate substitute holiday which is available at about the same time as and/or with a similar Itinerary to that originally booked, but Carnival will do its best to provide a suitable alternative holiday of similar duration and value. The Guest must notify Carnival of his decision within the period specified; or
(2) cancels the Package, or the Guest cancels the Package in accordance with clause 10(b)(1), compensation will not be paid where the change or cancellation is due to (i) Unavoidable and Extraordinary Circumstances or (ii) non-payment by the Guest or (iii) where the minimum number of Guests specified as being required for a Package to proceed is not reached and we notify you within the period specified in the Contract.
(c) Without limitation to the foregoing clauses and in accordance with EU Regulation 1177/2010, concerning the Rights of Passengers when Travelling by Sea and Inland Waterways (EU Regulation 1177/2010), if there is a delayed departure from a port of embarkation within the European Union, Carnival will inform Guests as soon as possible of the delay and of the estimated departure time and estimated arrival time as soon as that information is available. Where Carnival reasonably expects the departure of a Cruise to be delayed for more than 90 minutes beyond its scheduled departure time, Guests departing from port terminals shall be offered free of charge snacks, meals or refreshments as are appropriate given the waiting time, provided they are available and can reasonably be supplied. If the delay in departure necessitates a stay of one or more nights or a stay additional to that intended by the Guest, where and when physically possible Carnival shall offer Guests departing from port terminals free of charge adequate accommodation, on board or ashore, and transport to and from the port terminal and place of accommodation in addition to the snacks, meals and refreshments previously referred to. The maximum amount that Carnival will pay for accommodation ashore and transport to and from the port terminal is the GBP equivalent of EUR 80 per night for a maximum of three nights. No payments shall be made to Guests unless authorised by Carnival in writing. Carnival will not have an obligation to provide such accommodation ashore where the delay is caused by weather conditions endangering the safe operation of the ship. These provisions do not apply after the cruise has commenced or where the cruise is cancelled. In those circumstances Carnival’s obligations are set out in sections 10(a) and (d).
(d) After departure, Carnival does not guarantee that the cruise ship will call at every port on the Itinerary or follow every part of the advertised route or schedule or that every part of the Package will be provided. Carnival reserves the absolute right to decide whether or not to omit any port(s) and/or to call at additional ports and/or to change the advertised route, schedule or other element of the Package. However, in the unlikely event of Carnival being unable to provide a significant proportion of the Package after departure, Carnival will make suitable alternative arrangements, at no extra cost to you, for the continuation of the Package. We will grant you a price reduction if the proposed alternative arrangements result in a package which is of lower quality than that specified in the Contract. You may reject the alternative arrangements offered to you only if they are not comparable to the arrangements in your Contract or if the price reduction we grant is inadequate. We will, where appropriate, provide you with transport back to the place of departure or to another place to which you have agreed with Us. Compensation will not be payable if an alteration is insignificant or it does not affect the value of the cruise or if Carnival is not able to provide a significant proportion of the Package due to Unavoidable and Extraordinary Circumstances or is not at fault.
(e) Transit or part transit of straits, other sea areas controlled by vessel traffic schemes, canals, rivers and all other navigable waterways may be subject to delay due to operational circumstances and/or the requirements of the local authorities and Carnival shall have no liability in respect of any such delay.
11. COMPLIANCE WITH RULES, SOLICITATION, SMOKING, DRINKING, ILLEGAL ACTIVITY, SEARCHES, BEVERAGE POLICY
(a) Guests are expected at all times to conduct themselves in a proper manner and with due regard to the health, safety, comfort, enjoyment and general well- being of all persons both on board the ship and involved in the provision of any service or facility forming part of the Package or any shore excursion, and the Guest expressly agrees to this. Guest agrees during the course of the Cruise to follow the directions of the ship’s Master, or his authorized officer and to follow and adhere to all onboard rules and policies. Guest further agrees not to solicit anyone on the ship for any commercial or professional purposes.
(b) Any and all forms of smoking, including but not limited to, cigarettes, cigars, electronic cigarettes, and personal vaporizers, are strictly prohibited onboard except in designated exterior open deck areas, certain night clubs, and designated areas in the casino. All staterooms and suite accommodations are entirely smoke free, including the outside balcony. Guest agrees to strictly comply with Carnival’s non-smoking policy and agrees that Carnival has the right to disembark the Guest for failure to observe Carnival’s non-smoking policy.
(c) Guest further acknowledges and agrees that any breach of clauses 11 (a), and (b) shall, in the sole discretion of Carnival, constitute a material breach of the Contract. In the event of such breach, Guest forfeits all rights hereunder, including the right to remain on board. Carnival reserves the right to disembark the Guest(s), at any port, as determined by Carnival. Carnival shall not be liable for any refund or other compensation or damages whatsoever to any Guest disembarked pursuant to this provision, or who disembarks because another Guest is so disembarked. Guest and Carnival further agree that any breach of the non-smoking policy would also cause Carnival to incur damages, including but not limited to, loss of guest goodwill, revenue, cleaning, maintenance and/or other costs. Guest and Carnival expressly acknowledge the difficulty of ascertaining the amount of such damages, and therefore agree that a reasonable estimate of the damages for any violation of the non-smoking policy is $500 USD. Guest authorises a charge in this amount as liquidated damages, as well as repatriation expenses (including airfare) against Guest’s on board charge account, without further notice, for any breach of the non-smoking policy.
(d) Guest agrees, in all ports of call, to return to the ship not less than 30 minutes before the scheduled departure time. Guest further acknowledges that shipboard and shore side clocks may have different times, but it is Guest’s responsibility to return to the vessel so as not to miss the ship’s departure. Any costs associated with transporting Guest to rejoin the ship including, but not limited to, governmental fees, visa fees, subsistence, lodging, air fare, launch fare, car hire or agency fees shall be for the account of Guest.
(e) Carnival has a "zero tolerance" policy toward any illegal activity or behaviour by Guests or crew aboard. Guest agrees to comply with this policy and further acknowledges that it is Carnival’s policy to report incidents of illegal activity or behaviour to the appropriate law enforcement authorities.
(f) Beverage Policy: For safety reasons, guests are prohibited from bringing alcoholic beverages on board with the following exception: At the beginning of the Cruise during embarkation day, guests (21 years of age and older) may carry on in their hand luggage, one 750 ml bottle of sealed/unopened wine or champagne per person. A $15 corkage fee (a charge levied at an onboard restaurant for every bottle of wine served that was not bought on the premises), per 750 ml bottle, will be charged should guests wish to consume their wine or champagne in a main dining room, steakhouse or bar. Guests are also prohibited from bringing water, sodas and other non-alcoholic beverages on board that are packaged in Refunds bottles. A small quantity of non-alcoholic beverages (i.e., sparkling water, sodas, juice, milk) packaged in cans or cartons may be brought on board on embarkation day, only if carried on in guests’ hand luggage (not in checked-in luggage). A small quantity is considered a maximum of 12 sealed, unopened cans/cartons of 12 [ounces] each or less per person. Any spirits, beer, other forms of alcoholic beverage, and non-alcoholic beverages, outside of the specific exceptions referenced above, are strictly prohibited (in both carry-on and checked luggage) and such items will be confiscated and discarded and no compensation will be provided. Alcoholic beverages purchased in the ship’s gift shops or at a port of call may not be consumed onboard and will be retained by Carnival until the end of the voyage. Carnival reserves the right to refuse to serve alcohol to any passenger. Guest acknowledges that the minimum age permitted for the purchase, possession or consumption of alcoholic beverages aboard Carnival’s vessels is twenty-one (21). Guest agrees to supervise all persons under age twenty-one (21) under Guest’s charge to insure that they do not violate this, or any other, shipboard regulation. Guests who attempt to purchase alcohol by using false identification or the Sail & Sign card of a Guest who is twenty-one or older will be deemed in violation of this policy. Any Guest twenty-one or older who attempts to or purchases alcohol for any guest under twenty-one will also be deemed in violation of this policy. Guest agrees that Carnival has the right to disembark any Guest who violates this policy and as well as any adults traveling with minors who violate this policy or any other shipboard regulation.
(g) If any Guest is denied the right to board an aircraft because in the reasonable opinion of the Captain, the Guest is unfit to travel or represents a threat to the safety of the aircraft or its passengers or crew or is abusive or disruptive, Carnival will not be liable to complete the Guests holiday arrangements and will not be liable to pay any refunds or compensation. If an aircraft is forced to make an unscheduled landing as a result of the conduct of any Guest, Carnival shall have the right to recover the full cost thereof from the Guest.
(h) Behaviour in Hotels: When you book accommodation through Us, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the stay of any party member whose behaviour is such, in the reasonable opinion of the accommodation provider or Us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore We shall be under no obligation to whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may occur as a result of your stay being terminated. If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify Us for the full amount of any claim (including all legal costs) made against Us by the accommodation provider or any third party as a result.
(i) Guests must comply with all onboard rules and policies including, but not limited to, all environmental policies and procedures, and shall familiarize themselves with the nature and character of the ship, as well as, onboard waste / recycling receptacle stations, and Guest agrees to comply with all environmental laws and regulations. All guests must adhere to Carnival’s environmental policy as follows: Any dumping or pollution of any kind including discharge of any item into the ocean and/or waterways is strictly prohibited. Guest will be strictly liable for any illegal dumping or pollution. Any willful or negligent act of discharging or releasing any unauthorized item overboard, without the express permission of the ship's staff may result in a $500 charge, per violation, posted to Guest’s Sail & Sign® account. Additionally, Guest will be charged the reimbursement cost of any unauthorized discharged property belonging to Carnival and such charge will be posted to Guest’s Sail & Sign® account. Guest shall also be responsible for any fines or penalties imposed on Carnival by any government, governmental agency or official, port or port official, or for expenses or losses caused or incurred for Guest’s violation of this policy. Violation of this policy may result in the disembarkation of all guests in the stateroom. Guests who are disembarked for violating our environmental policy will be responsible for all financial charges and expenses to return home, and no refund of their unused cruise fare will be provided. Additionally, they may be prohibited from sailing with Carnival Cruise Line in the future.
(j) Compliance with APHIS regulations: To protect U.S. agriculture and natural resources from the introduction and spread of foreign plant and animal pests and diseases please be advised that agricultural products including seeds, soil, live insects, food such as fresh fruit, vegetables and animal products including meat, milk, and eggs must not be brought back to the United States. This food includes meals that were offered during the cruise but were not consumed. If you have in your possession any meals or food, including any fresh fruit, vegetables and animal products such as meat sandwiches, milk, eggs from the ship, you must leave them behind or deposit them in the amnesty bin/food collection bin at the exit during disembarkation. These items are prohibited entry by U.S. Customs and Border Protection and the U.S. Department of Agriculture. Violations of these prohibitions may result in penalties and fines to the Guest.
(k) Tampering with Life Saving Devices: Guest agrees to not tamper with or discard over board any life saving device such as, but not limited to; life rings and life jackets, unless in an emergency or instructed to do so by the ship’s master. Tampering with life-saving devices may result in a fine to the Guest.
(l) Guest agrees not to engage in any lewd, lascivious, indecent, obscene, offensive, or outrageous behavior while on board and specifically agrees that violation of this policy may result in confinement or debarkation from the vessel with no refund to the Guest and at Guest’s own expense for repatriation and travel. Furthermore, all guests should ensure their clothing and accessories are respectful to fellow guests. Specifically, items worn during the cruise should not contain any message that may be considered offensive or contain nudity, profanity, sexual innuendo/suggestions. In addition, clothing/accessories should not promote negative ethnic or racial commentary, or hatred or violence in any form.
12. PERSONAL DATA; VIDEO SURVEILLANCE; RIGHT TO SEARCH, INSPECT OR DETAIN; PRIVACY NOTICE AND PUBLIC WIRELESS SERVICES
(a) For the safety and security of Guests, Carnival may use closed circuit television (“CCTV”) or other surveillance means onboard the ship, however, Carnival does not undertake to operate all cameras or monitor or record CCTV images at all times. CCTV footage may be retained and passed to the policy or other law enforcement or crime prevention agencies (in any jurisdiction) in order to detect or prevent criminal activity or to assist in the apprehension and prosecution of offenders. There are photographers and camera crew on board the ship taking photographs and making films for Guests to purchase at the end of the Cruise. They are happy to take reasonable steps to avoid filming you where you indicate that this is your preference but you may be included unless you tell Us otherwise. We are unable to guarantee that you will not be included in video footage and photographs on an incidental basis. Please be aware that calls made to Carnival, and calls received from Carnival, may be recorded for the purpose of audit, training and the monitoring of services provided by Carnival.
(b) For security reasons it may be necessary for Carnival to enter and search Guest’s cabin, personal safe or storage spaces, or to search or screen any Guest, and/or personal effects, at any location and Guests agree to allow such search upon being so requested by the Master or any authorised person. Any Guest who refuses any such search or screening may be denied boarding or disembarked and no refund of the Cruise Fare will be issued.
(c) Carnival and the Master each reserves the right to refuse passage, disembark or confine to a stateroom any Guest whose physical or mental condition, or behaviour would be considered in the sole opinion of the Captain, in consultation with the ship's physician, to constitute a risk to any Guest or crew member or violates these Terms and Conditions.
(d) In order to process your booking and to ensure your travel arrangements go smoothly and to meet your requirements, Carnival needs to use the personal information you provide such as name, postal or email address, date of birth, passport information, debit and credit card details, telephone numbers, likenesses, photographs or other information which could identify Guests personally. Guests may also provide Carnival or others certain sensitive information such as health, medical, dietary, religious, gender or sexual orientation information.
(e) In order to process and make arrangements for your Package Carnival may need to pass Guests’ personal and sensitive information to other relevant Suppliers of your travel arrangements such as travel agents, airlines, hotels and transport companies. Your personal information may also be supplied to security or credit checking companies, credit and debit card companies, Government enforcement agencies, public authorities such as customs and immigration if required by them, or as required by law. Carnival may also use your personal information for the purpose of carrying out security checks. Your personal information may also be shared with the police or other law enforcement or crime prevention agencies for security purposes. This may involve sending your information between different countries, including countries outside the European Economic Area (EEA), including the U.S., where controls on data protection may not be as strong as the legal requirements in the UK.
(f) Where we need to transfer your data to a third party based in a country located outside of the EEA, either in order to fulfil your booking, or for the purposes of the third party providing us with a service, we will ensure either that the country to which the data is transferred has an adequate level of data protection (as determined by the European Commission) or ensure that we have in place adequate safeguards (as stipulated by the applicable data protection laws) before any such transfers take place. Adequate safeguards will generally comprise the incorporation into our supplier contracts of the standard data protection clauses approved by the European Commission. Where a supplier is based in the US, we may transfer data to the supplier without the need for additional safeguards if the supplier has certified to the Privacy Shield Framework Principles which requires them to provide similar protection to personal data shared between the Europe and the US.
(g) Carnival may, but will not be required to, make wireless access to the Internet or access to wireless telephone services ("Wireless Services") available to Guests on board either directly or through a third party service provider. All Guests agree that use of Wireless Services is at their own risk and that Carnival shall not be liable to Guests in any manner for claims, losses or damages resulting from Guest’s use. Guests’ use of Wireless Services onboard is public and the privacy of any information sent or received is not guaranteed. Personal information may be available to third-party service providers and Carnival is not liable under any circumstances for any lack of privacy while using Wireless Services. All Guests agree that Carnival has the right, but not the obligation to monitor, record, intercept and disclose any transmissions over or using Wireless Services aboard the ship, and to provide billing, account, or use records, and related information relating to all Wireless Services as it deems appropriate in its sole discretion (for example, in response to legal claims or proceedings, or to protect Carnival's rights, Guests or property). All Guests agree that their use of Wireless Services is governed by Carnival's Terms and Conditions of Wireless Services contained in your folio available on connection to the internet, in addition to any terms and conditions imposed by a third-party Wireless Services provider.
(h) Guest hereby expressly agrees that he/she will not use any tape recording, video, or photograph(s) of himself/herself, any other Guest, crew, or third party on board the ship, or depicting the ship, its design, equipment, or any part thereof whatsoever, for any commercial purpose or in any media broadcast, or for any other non-private use, without the express written consent of Carnival. Guest acknowledges that by boarding the ship, at any time, Guest irrevocably agrees to this provision, which is a condition precedent to being permitted on board the ship and can be enforced by any legal means, including, but not limited to, injunctive relief.
13. DATA PROTECTION
(a) Carnival is a Carnival Corporation & plc brand. The personal information you provide to Carnival, or which is obtained through your dealings with Carnival or with other Carnival group Cruise brands, will be processed in accordance with our Privacy Notice, which describes how your personal data may be processed, and which is available on the Carnival website. Carnival may from time to time change its Privacy Notice; its up-to-date Privacy Notice is made available at carnival.com or by writing to the address given below. Your personal information will be used by Carnival and other Carnival Corporation and Carnival plc group companies or by agents, subcontractors or other commercial partners, including those outside of the EU: to review your dealings with Carnival and other Carnival Corporation and Carnival plc brands including your purchasing and entertainment preferences; to review, develop and improve the cruises and services offered; and for market research purposes and for statistical analysis. We will use appropriate legal and technical safeguards when we do so. This may involve transferring your personal information to Carnival Corporation group companies in the US.
(b) Carnival and other companies within the Carnival Corporation and Carnival plc group of companies (including those in the U.S.A.) may wish to contact you by post, email and/or telephone with news, information and offers from Carnival and other Carnival group companies (including, without limitation, Holland America Line, P&O Cruises, Cunard Line, Princess Cruises, Seabourn Cruise Line and Costa Cruises). We will obtain your consent to processing where that is required. If you prefer not to be contacted for the purposes set out above or do not wish your personal information to be passed to other Carnival group companies, please contact UKoptouts@carnival.com. If you wish to obtain a copy of the personal information held about you, please email privacypolicyUK@carnival.co.uk. Carnival may make a charge for supplying this information as permitted by law. We will retain personal information about you for no longer than necessary for the purpose of processing, and you may withdraw your consent to processing at any time if you wish to do so. You may obtain, correct, or erase personal information about you, and restrict or object to processing if you wish. Should you wish to complain about our processing of your personal information you may submit a complaint to the relevant supervisory authority. For more information contact us at: Data Protection Officer, firstname.lastname@example.org.
14. GUEST’S REIMBURSEMENT FOR FINES, EXPENSES, DEBTS AND DAMAGES
(a) The Guest shall be liable to and shall reimburse Carnival or the Master for any fines or penalties imposed on Carnival by any government, governmental agency or official, port or port official, or for expenses or losses caused or incurred for Guest’s failure to observe or comply with local requirements in respect of immigration, border patrol, customs and excise, agriculture, health or any other government regulation whatsoever, and for Guests who embark the Vessel in violation of the Ticket Contract terms, any/all resulting damages, losses, costs, expenses, credits, refunds and related claims, including without limitation those related to a deviation of the Vessel to disembark such Guests.
(b) The Guest or Guest’s estate shall be liable to and shall reimburse Carnival for all deviation expenses (including loss of revenue), damages to the Vessel, its furnishings, operations or equipment, or any property of Carnival caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or any minors traveling with Guest. The Guest or Guest’s estate shall defend and indemnify Carnival and the Vessel, their servants and agents against liability which Carnival or the Vessel or such servants or agents may incur towards any person, company or Government for any damage to property, personal injury or death caused directly or indirectly, in whole or in part, by any misconduct, willful or negligent act or omission on the part of the Guest or minors traveling with Guest.
(c) Carnival and the ship shall have a lien upon all baggage, money and other property whatsoever accompanying the Guest and the right to sell the same by public auction or otherwise for all sums whatsoever due from the Guest under their Contract and for the costs and expenses of enforcing such lien and such sale.
15. SHORE EXCURSIONS AND OTHER ACTIVITIES OR SERVICES
(a) Information on Shore Excursions that may be available in the ports that you are visiting are detailed on our Website or in any brochure. Such information is correct to the best of our knowledge at the time of publication and we cannot guarantee accuracy at all times of information given in relation to Shore Excursions or that they will take place as they are not under our control. Shore Excursions may be reserved separately on the Website after a Package has been booked either prior to the start of the Cruise or purchased on board the ship from the Shore Tours Desk. Shore Excursions and other activities or services are sold in U.S. Dollars. If any particular Shore Excursions mentioned are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation.
(b) Shore Excursions are provided by local independent contractors. Shore Excursions do not form any part of your Contract with Carnival, even where we suggest particular operators/centres and/or assist you in booking such activities in any way, and are not included in the Cruise Fare or the Price. We have no responsibility for any Shore Excursions which are neither run, supervised nor controlled by us in any way. Carnival will endeavour to select reputable and competent local Shore Excursion operators who apply the local laws and regulations of the relevant country, however, Shore Excursion operators are not Carnival’s servants, agents or suppliers and Carnival is not responsible for any acts or omission which are wholly attributable to the fault of local operators. Carnival does not operate, perform or otherwise organise and/or audit any shore excursions. All Guests must ensure that they are fit and healthy to undertake Shore Excursions. All Shore Excursions are governed by the terms and conditions in the shore excursions brochure.
(c) Special arrangements for those Guests with Disabilities or Persons with Reduced Mobility may be available on certain shore excursions that have been risk assessed as suitable. For details including any cost consequences for making those special arrangements, please contact us with details of any special requirements. Where applicable, please also provide wheelchair/scooter dimensions, weight and battery type.
(d) Where Guests purchase shore excursions or local activities directly with a local operator, then in such circumstances, the local operator is entirely independent of Carnival even if Carnival assists the Guest in booking such activities. Carnival is not responsible for any acts or omissions whatsoever of the local operator.
(e) Guest acknowledges that the various shops and services on board the ship, including the spa facilities are run by independent contractors and goods and services purchased by the Guest from these facilities do not form part of the Contract with Carnival and are not part of the Cruise Fare or Price. Guest acknowledge that the ship’s physician, masseuse, barber, hairdresser, manicurist, fitness or golf instructor, videographer, art auctioneer, gift shop personnel, wedding planners or other providers of personal services are employees of independent contractors. Carnival will endeavour to appoint reputable and competent suppliers, however, and Carnival is not responsible for their acts or omissions. Independent contractors, their employees or assistants are not agents, servants or employees of Carnival and have no authority to act on behalf of Carnival.
(f) Carnival does not accept any responsibility for any other services that do not form part of the Package as set out in the Carnival issued confirmation invoice. This includes facilities or services that are advertised in our brochure and those which We have agreed to arrange.
16. LIMITATIONS OF CARNIVAL’S LIABILITY
(a) Guest must inform Carnival without delay of any failure to perform or improper performance of the travel services included in the Contract (a “lack of conformity”) which the Guest perceives during the performance of a travel service included in the Contract. Carnival is liable to the Guest for an appropriate price reduction for any period during which there is a lack of conformity, unless We prove that the lack of conformity is attributable to the Guest, Any liability Carnival may have for death, personal injury or illness caused by its negligent acts and/or omissions, is subject to the limits of liability where applicable, by the international conventions referred to in clauses 16(d), 16(e) and 16(f) inclusive. In any event Carnival is not liable to the Guest to pay compensation for damages in respect of any lack of conformity which Carnival proves is attributable to the Guest; attributable to a third party unconnected with the provision of any services included in the Contract; or due to Unavoidable and Extraordinary Circumstances.
(b) For claims not involving personal injury or damage caused intentionally or with negligence or which are not subject to the international conventions referred to in clauses 16(d) and 16(e) inclusive, Carnival’s liability for improper performance of the Package Contract shall be limited to a maximum of three times the Price which the affected Guest paid for the Package (not including insurance premiums and amendment charges) and Carnival shall have no liability for any loss of business or profits or any other loss or damage which does not arise directly out of the lack of conformity.
(c) All carriage, including transfers, by land, air and sea is subject to the terms and conditions of carriage of the actual carrier. These may limit or exclude liability. They are expressly incorporated into the Contract and they also form the terms and conditions of separate contracts between the Guest and the particular carrier as contained in that carrier’s ticket which is provided to the Guest before the scheduled departure date. Copies of these terms and conditions are available on request from Carnival. Carnival will ensure that the Guest is informed of the identity of the air carrier once it has been finalized [and details of likely carriers are contained in the brochure]. Carnival does not use any carrier on the EU banned carrier list – visit the European Commission EU Air Safety List. The liability of Carnival will not exceed that of any carrier.
(d) Carriage of Guests and their luggage by air is governed by various international conventions (hereinafter “the international air conventions”), including the Warsaw Convention 1929 (whether as amended by the Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) and the Montreal Convention 1999. Flights between the UK and any member state of the European Union are currently governed by EC Regulation 889/2002 which gives legal effect to the Montreal Convention 1999. To the extent that Carnival may be liable as a non-performing air carrier to Guests in respect of carriage by air, the terms of the international air conventions (including any subsequent amendments and any new convention which may be applicable to a Contract between Carnival and a Guest which includes a flight) are expressly incorporated into these Booking Conditions. The international air conventions may permit the carrier to limit its liability for death and personal injury, loss of and damage to luggage and delay. Insofar as Carnival may have any liability to the Guest in respect of carriage by air, it shall be determined accordingly. Copies of these conventions are available from Carnival on request and may be viewed at the Warsaw Convention PDF and Montreal Convention PDF .
(e) The international carriage of passengers and their luggage by sea is governed by EU Regulation 392/2009 which may be viewed at the Regulation (EC) No. 392/2009 of the European Parliament PDF and The Athens Convention 2002 which may be viewed at the Athens Convention 2002 PDF.
Copies are available on request. The Athens Convention and EU Regulation 392/2009 are expressly incorporated into these Booking Conditions and any liability of Carnival for death or personal injury or for loss of or damage to luggage which Carnival may incur to the Guest during carriage by sea, whether under the Contract in accordance with these Booking Conditions or otherwise, shall be solely brought and determined in accordance with the Athens Convention and EU Regulation 392/2009 which limit the carrier’s liability for death or personal injury or loss of or damage to luggage and make special provision for valuables (See also section 7). The limits of liability are assessed by reference to Special Drawing Rights (SDRs) which fluctuate depending on daily exchange rates.
Approximate exchange rates may be calculated using the FX-Rate Currency Exchange Calculator. All SDR values in these Booking Conditions are accurate as of August 2018. Up to date figures may be assessed at the International Monetary Fund’s SDR Valuation page. International Monetary Fund’s SDR Valuation page
(f) The limits applicable to cabin luggage pursuant to EU Regulation 392/2009 and the Athens Convention 2002 is 2,250 SDRs (approx.£2,454 as of 2018). Where deposited with the ship or stranding of the ship, explosion or fire in the ship, or defect in the ship (Shipping Incident see section 7) and unless a higher figure is agreed in writing, Carnival’s liability is limited to SDRs 3,375(approx.£ 3,681 as of 2018).
It is presumed that luggage has been delivered undamaged to the Guest unless written notice is given to Carnival (as carrier):
(1) in the case of apparent damage, before or at the time of disembarkation or redelivery;
(2) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
(g) In the event of death and/or personal injury, then pursuant to the Athens Convention 2002 and EU Regulation 392/2009, the Guest has a right to compensation for death or personal injury up to 250,000 SDRs or approx.£ 272,704 as of 2018, per incident from the carrier (in respect of a shipwreck, capsizing, collision) save where the Shipping Incident resulted from an act of war hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character , or was wholly caused by an act or omission done with the intent to cause the incident by a third party. Compensation for a Shipping Incident can increase by a further 150,000 SDRs to a total figure of 400,000 SDRs or approx.£436,326 as of 2018 per incident per Guest, per incident unless the carrier proves that the incident which caused the loss occurred without its fault or neglect. In the case of a non-shipping incident, the Guest must prove that the incident which caused the damage was the result of the carrier’s fault or neglect. In those circumstances the maximum amount payable will be 400,000 SDRs. In any case involving war or terrorism the maximum amount payable is 250,000 SDRs per passenger or 340 million SDRs per ship per incident. A summary of EU 392/2009 may be viewed at the European Commission Rights in Case of an Accident PDF.
(h) Any damages payable by Carnival up to the Athens Convention or EU Regulation 392/2009 limits shall be reduced in proportion to any contributory negligence by the Guest.
(i) Insofar as Carnival may be liable to a Guest in respect of claims arising out of carriage by air or carriage by sea, Carnival shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual carrier (including his own terms and conditions of carriage) and under the Athens Convention and EU Regulation 392/2009, and nothing in these Booking Conditions shall be deemed a surrender thereof. To the extent that any provision in these Booking Conditions is made null and void by the Warsaw Convention, the Montreal Convention, the Athens Convention or EU Regulation 392/2009 or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but no further.
(j) In respect of any claims for loss of or damage to property including luggage which are not covered by international conventions including the Athens Convention 2002, EU Regulation 392/2009 and/or the Montreal Convention and where liability is not limited by reference to any enactment, terms and conditions, then any legal liability that Carnival may have for any such losses will be limited to £500 per Guest. The Company shall not be liable for lost valuables including jewelry and/or monies under any circumstances. Guests must ensure that their personal possessions and valuables are with them at all times.
(k) Hotels and transfer services included in the Package or purchased at any other time are arranged by Carnival with local Suppliers who may themselves engage the services of local operators. Standards of hygiene, accommodation and transport in many countries where excursions take place are often lower than comparable standards in the UK. Carnival will at all times endeavour to appoint reputable and competent local suppliers. The terms and conditions of the hotels and transfer services will be applicable and are expressly incorporated into the Contract (or any other contract between Carnival and the Guest in respect of such services). These may limit or exclude liability of the hotelier or the transfer services operators. The liability of Carnival will not exceed that of any hotelier or transfer services operators. Local standards of the relevant country will be relevant in assessing performance of the services. In the event of a complaint or legal claim by a Guest, the Contract (or any other contract between Carnival and the Guest in respect of services) will be regarded as having been performed if local standards relating to those services have been satisfied, even if the laws of England and Wales have not been met. In any event Carnival is not responsible for the improper or non-performance of such services which Carnival proves is attributable to: the Guest; attributable to a third party unconnected with the provision of the services included in the Contract and is unforeseeable and unavoidable; or due to Unavoidable and Extraordinary Circumstances.
(l) All employees, agents, contractors and their sub-contractors (including Suppliers as defined in section 1), as well as all insurers of both Carnival and its Suppliers shall have the benefit of the same rights, defences, immunities and limitations available to Carnival under these Booking Conditions.
(m) Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be published at EU airports and will also be available from airlines. Reimbursement in these cases will not automatically entitle you to a refund of the cost of your holiday from us. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. Carnival is not an air carrier and is not liable to pay compensation under Regulation 261/2004.
(n) All rights, limitations and exclusions from liability, defences and immunities of Carnival under this Contract shall also be for the benefit of Carnival’s facilities, whether at sea or ashore, servants, agents, managers, affiliated or related companies, suppliers, shipbuilders and manufacturers of component parts and independent contractors, including, but not limited to, shore excursion or tour operators, ship’s physicians, ship’s nurse, retail shop personnel, health and beauty staff, fitness staff, video diary staff, and other concessionaires, who shall have no liability to the Guest, either in Contract or in tort, which is greater than or different from that of Carnival under these Booking Conditions or under any international convention or third party conditions of carriage referred to in these Booking Conditions.
(o) Where We are unable to ensure your return as agreed in the Contract because of Unavoidable and Extraordinary Circumstances, We will bear the cost of necessary accommodation, if possible of equivalent category for a period not exceeding 3 nights per traveler. Persons with Reduced Mobility and person accompanying them, pregnant women and unaccompanied minors as well as persons in need of specific medical assistance may be entitled to additional costs provided that we have been notified of their particular needs at least 48 hours before the start of the Package. We will not be responsible under this clause where it is the airline that is responsible for your cancelled or delayed return under EU Regulation 261/2004 and clause 16(m) will apply in those circumstances.
(p) Even in the case of Unavoidable and Extraordinary Circumstances, where a Guest is in difficulty, We will provide appropriate assistance including providing appropriate information on health services, local authorities and consular assistance and assisting the Guest to make distance communications and helping the Guest to find alternative travel arrangements. We may charge a fee for giving assistance where entitled to under the Package Travel Regulations.
17. GOVERNING LAW, JURISDICTION, ARBITRATION, COMPLAINTS AND TIME LIMITS FOR CLAIMS
(a) The Contract is deemed to be made in England and shall be governed by English law and the exclusive jurisdiction of the English courts. You may, however, choose the jurisdiction of Scotland or Northern Ireland if you are a resident there.
(b) If you have cause for complaint whilst on your Holiday, this must be brought to the attention of Carnival or other local representative at the time so that the problem can be addressed. Should you be unable to resolve the problem during the Holiday you must notify Carnival of your complaint at the earliest opportunity and in any event no later than 28 days after you return from the Holiday. Failure to report the complaint within this time may adversely affect Carnival’s ability to investigate and deal with it and may prejudice any future claim. Complaints relating to EU Regulation 1177/2010 Concerning the Rights of Guests when Travelling by Sea and Inland Waterways must be made to Carnival in writing within 2 months of the date on which the service was performed. Within one month, Carnival shall respond to the Guest that the Guest’s complaint has been substantiated or rejected or is still being considered. However, the time taken to provide the reply shall be no longer than two months from receipt of the complaint.
(c) Any action by a Guest arising out of carriage by air or sea must be commenced within the time limit prescribed by the Warsaw Convention, the Montreal Convention or the Athens Convention 2002 or EU Regulation 392/2009, as applicable.
(d) If a court or tribunal applies any law other than English law, Carnival shall (in respect of all exclusions and limitations of liability) be entitled to the maximum protection allowed by that law including statutory protection of limitation as to the amount of damages recoverable.
(e) You can also notify any claim to ABTA which a dispute resolution procedure – see Section 19 for further details.
18. FINANCIAL PROTECTION
Fly-cruise holidays booked with Carnival:
Carnival holds an Air Travel Organisers Licence (ATOL) number 10599. All the fly-cruise holidays in this brochure are financially protected by the ATOL scheme. This means that in the unlikely event of Carnival’s insolvency, the Civil Aviation Authority will ensure that Guests booked on flight-based packages are not stranded abroad and will arrange to refund any money that the Guest has paid to Carnival for an advance booking. You will receive a Confirmation Invoice from us confirming your arrangements and your protection under our ATOL. When you pay you will be supplied with an ATOL Certificate. This lists the flight, cruise, any hotel accommodation, transfers and any other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. Please ask for it and check to ensure it includes everything that you booked. For more information about financial protection and the ATOL Certificate please visit the ATOL Certificate page.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you.) You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to the alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If you have booked a Carnival flight-inclusive cruise holiday via one of our authorised travel agents, all monies you have paid for that booking will be protected by the above arrangements regardless of whether that travel agent becomes insolvent before or after we have issued our confirmation invoice. In this event, you will be required to pay any outstanding balance due (if any) directly to us (or any other travel agent nominated by us) in accordance with these booking conditions in order to receive your holiday. If you have booked a Carnival flight-inclusive cruise holiday via one of our authorised travel agents you should receive from the travel agent a confirmation invoice issued by us which shows that we have arranged the flights as well as the cruise part of the holiday.
Where a travel agent acts as our agent for a booking, any payments of money accepted by the travel agent from you is held on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the travel agent’s obligation to pay such funds to us as ATOL holder for so long as we do not fail as a business. If we as ATOL holder fail as a business, any money held at that time by the travel agent acting as our agent, or subsequently accepted from you by the travel agent is and continues to be held by that travel agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us as principal ATOL holder. If we, or the suppliers identified on your ATOL Certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to Trustees any claims which you have or may have arising of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
All our cruise-only holidays in this brochure that do not include flights are protected under the ABTA scheme of financial protection. In the unlikely event of Carnival’s insolvency, ABTA will ensure that guests are not stranded abroad and will arrange to refund any money paid to Carnival for an advance booking. When you book a cruise-only holiday via one of our authorised travel agents, all monies you pay for that booking will be held by the travel agent on your behalf until we issue our confirmation invoice. Until that point, your monies are not protected by our ABTA membership or any other arrangement. We therefore recommend that you use a travel agent who offers their own financial security arrangements so that in the event that the travel agent becomes insolvent before we issue our confirmation invoice all monies that you have paid to that travel agent will be refunded to you. In the event that our authorised travel agent becomes insolvent after we have issued our confirmation invoice, then all monies you have paid to that travel agent for that cruise only holiday are protected by our ABTA membership.
All bookings made under these Booking Conditions are financially protected as outlined above.
Cruise holidays sold as part of a package organised by your travel agent:
If you book a Carnival cruise-only holiday in conjunction with other services (such as flights, onshore accommodation and/or ground transfers) that are arranged or provided by a travel agent or tour operator (‘travel organiser’) with whom you book. In this situation, where the travel agent provides you with a package holiday incorporating third party services, your contract for your entire holiday including the cruise and all other such services and arrangements will be with your travel organiser and not Carnival. Your holiday will not be protected by our ATOL or ABTA bonding. Instead, you must check that your travel organiser has their own ATOL (if your holiday includes any flight(s)) or other appropriate financial security arrangements (ABTA or otherwise) to protect all monies you pay to that organiser for your holiday and to repatriate you if already abroad (if applicable) in the event of their insolvency. You should receive a confirmation invoice (and an ATOL Certificate if your holiday includes flights) issued by the travel organiser showing that they are responsible for providing all elements of your holiday. In the event of insolvency of the travel organiser before we have received full payment from them for the cruise-only element of your holiday, your cruise-only booking may be cancelled and we will be under no obligation to provide you with that cruise, or any refund or any compensation. In such circumstances, you should seek compensation from the financial security arrangements (if any) that the travel organiser has made. For further information, please visit the ATOL page or the ABTA page.
Where a travel agent acts as our agent for a booking, any payments of money accepted by the travel agent from you is held for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the travel agent’s obligation to pay such funds to us for so long as we do not fail as a business. If we fail as a business, any money held at that time by the travel agent acting as our agent, or subsequently accepted from you by the travel agent is and continues to be held by that travel agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us as principal ATOL holder.
Carnival is a member of ABTA, membership number Y5878. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to ABTA page to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance on resolving disputes can be found on the ABTA website . You can also access the European Commission Online Dispute (ODR) Resolution platform at European Commission Online Dispute (ODR) Resolution page . This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.