These are the terms and conditions which will apply to your holiday. Please read them carefully as you will be legally bound by them whether you have read them or not!
If you ask Carnival to add a hotel, transfer and/or a flight to your Carnival booking, either online, by phone with one of Carnival’s sales representatives or via a travel agent, the following terms and conditions will apply to those arrangements as well.
In these terms and conditions, unless the context otherwise requires:
(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).
(b) “Carnival”, “We” or “Us” shall mean Carnival Corporation trading as Carnival Cruise Lines 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 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.
(e) “Disabled Person,” “Disability,” or “Person with Reduced Mobility”; means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all passengers.
(f) “Force Majeure” includes unusual and unforeseeable circumstances beyond the control of Carnival or the relevant Supplier including (without limitation) technical problems, 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.
(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) “Package” means the cruise and any flights to and from the UK and Northern Ireland which are purchased for an all-inclusive Price (fly-Cruise) and any pre-cruise and/or post-cruise hotel and transfer package purchased.
(i) “Price” means the total Price for the Package as detailed in the booking confirmation invoice issued by Carnival.
(j) “Shore Excursion” means any excursion or other service or shore based activity which is operated and provided by independent contractors.
(k) “Significant Alteration” means major changes to your Package. The following are not generally considered as Significant Alterations: (i) change of airline carriers, flight timetables and itineraries, provided the departure and arrival dates remain unchanged and the Passenger may embark and disembark the vessel as scheduled; (ii) the substitution of the Vessel; (iii) the modification of the Itinerary of the Cruise; (iv) a change of cabin or a change of hotel accommodation, providing that the cabin and/or hotel are in the same or higher category; (v) changes to the programme of shows and other forms of entertainment onboard the Vessel.
(l) “Supplier(s)” means any company or individual other than Carnival providing any service forming part of the Package.
(m) “Website” means www.carnival.co.uk and any other websites mentioned in these terms and conditions. All Website bookings are deemed to be concluded in the UK in accordance with English law.
(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 We issue a Guest 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 centre at the present time.
3. BOOKINGS AND DEPOSIT
(a) To make a booking, you may contact our Reservations Department on [0845 351 0556] or book online on our Website. Alternatively, please contact 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 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 and on our Website 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 old on the departure date in order to be eligible to travel, with the exception of Transatlantic, Hawaii and South America cruises which is 12 months. 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 penalty 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 for each cruise Price 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 at the time of making your booking. An additional deposit amount may be required for any additional travel component added to your booking.
Duration of holiday
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:
(i) if you book more than 75 days before departure, you must pay the deposit to reserve your holiday;
(ii) 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).
Failure to pay the balance of the Price by the due date specified in the Carnival issued invoice/confirmation 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) Flight Arrangements by Carnival
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. Please refer to Carnival’s web page for additional information on our [FLY2FUN] program. Carnival reserves the right to add or withdraw a [FLY2FUN] airport at any time in relation to new bookings. See below terms relating to changes to airport for existing bookings. FLY2FUN bookings are not guaranteed and are subject to air carrier’s availability and restrictions. Flight schedules and/or availability may require overnight hotel accommodations either to join and/or to return from your Cruise. Guests who purchased the FLY2FUN program will be responsible for securing their own hotel accommodations and will be responsible for hotel, taxes, porterage and transportation between the hotel and the airport/pier. Flight details can be viewed immediately via. http://www.carnival.co.uk/fly2fun.
Schedule Changes/Air Delays: Due to airline schedule changes, Carnival reserves 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, your flight is subject to the cancellation terms 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: It is the Guest’s sole responsibility to re-confirm flight arrangements within 48 hours of flight departure. Please note that although Carnival Cruise Line 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 www.carnival.co.uk/airlinebaggagefees.
(j) If you wish to pay by credit card, we will charge you a handling charge of 1.5% of the charged amount for credit cards. This charge is additional to the Price shown in your Carnival issued invoice/confirmation invoice unless outlined.
(k) All monies you pay to the travel agent is held by that agent on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to Carnival for so long as Carnival does not fail (as defined in Regulation 23 of the ATOL Regulations). If Carnival fails, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to Us. Any refund made by Carnival to an agent on behalf of Guest shall be deemed payment to Guest, regardless of whether the monies are delivered by the 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.
(m) 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.
4. IMPORTANT INFORMATION AND GUEST’S RESPONSIBILITES
(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 which 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.
(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 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: It is the 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 advising or 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. For cruises which call on any port in Cuba, please also refer to Clause 4(i) below.
(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) Cruises to Cuba: Notwithstanding anything contained in the Contract to the contrary, the following terms and conditions apply for any cruise that includes Cuba as a port of call:
(1) All Guests must comply with all applicable requirements of U.S. law and regulations and all of Carnival’s instructions with respect to visiting Cuba, including the specific limitations, restrictions and conditions on activities applicable to Guests traveling to Cuba, regardless of their nationality. This may include completing an affidavit certifying the Guest’s reason for travel to Cuba.
(2) Carnival may offer Guests the ability to purchase certain Cuban travel visas, provided that this does not in any way limit or waive a Guest’s obligations under Clause 4(f) above.
5. AMENDMENTS AND TRANSFERS
Your Package can be transferred to another person if you are prevented from travelling by reason of an unavoidable event (such as illness, death of a close relative or jury service), provided that you give Carnival no less than 14 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. Carnival will charge an administration charge of $60 USD, or its equivalent in foreign currency for affecting such a transfer within 56 days prior to departure date. Guest transfers and/or amendments to the Package/Sailing Date/Ship within 56 days prior to departure will generally be treated as a cancellation and are subject to the cancellation terms in clause 9. Guests transfers and/or amendments to air secured on FLY2FUN Restricted Fares are not permitted and subject to a cancellation charge of 100% of air price. Transfers and/or amendments to air secured on FLY2FUN Flexible Fares, within 60 days prior to departure are subject to an amendment charge of 35% of the air price per guest. 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, on our Website 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. No Price increase shall be made to Contracts 30 days before departure.
(b) Carnival reserves the right to vary the Price of your Package after your booking has been confirmed due to changes in transportation costs such as fuel, scheduled air fares and other airline cost changes (which are part of the Contract between the airline (and their agents) and Carnival), Government action such as changes in VAT or any other Government imposed changes and currency changes in relation to an exchange rate variation. However, Carnival will not increase the Price unless these variations produce an increase of more than 2% in the Price. In the case of a small variation, an amount up to 2% per cent of the Price, which excludes insurance premiums and any amendment charges, will be absorbed.
If the proposed increase is more than 10 per cent of the Price, the Guest may cancel the Contract and receive a full refund of all monies paid (excluding any amendment charges or insurance premiums). No consequential costs or expenses or loss of profits will be payable. 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 14 days from the issue date printed on the final invoice or such other period as may be specified. 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. 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.
(c) All accounts for on-board services and goods and for Shore Excursions and Spa Treatments and Pre/During/Post Activities whenever booked 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 cabin luggage containing their personal belongings and 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 paragraph 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. Except where Carnival agrees otherwise and in writing at the time of booking, Guests are restricted to having on board the vessel two pieces of mobility or other medical equipment with a combined value not exceeding £3,500 per cabin. Other conditions for such equipment are set out below.
(b) Carnival shall not be liable for loss or damage to luggage carried by sea except if the incident that caused the loss or damage occurred in the course of carriage and was due to the fault or neglect of Carnival or the servants or agents of Carnival acting within the scope of their employment and otherwise in accordance with the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea adopted at Athens on 13 December 1974 and the Protocol thereto adopted as of November 1976 (hereinafter referred to as ‘Athens Convention’) or where applicable from 1 January 2013 EU Regulation.392/2009 which also covers shipping incidents. For further details regarding limitation of liability see section 15. Subject to the provisions of 7a the cost for loss or damage to mobility and other medical equipment caused by the fault or neglect of Carnival is, subject to Carnival’s absolute discretion, the cost of repair or replacement.
(c) In accordance with the Athens Convention and EU Regulation 392/2009, Carnival shall not be liable for the loss of or damage to monies, negotiable securities, gold, silverware, jewelry, 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 and where applicable Regulation 392/2009. Use of the cabin safe-deposit box shall not constitute safe-keeping by Carnival. Guests must ensure that their personal possessions and valuables are with them at all times.
(d) 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  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.
(e) Weapons, firearms, contraband, ammunition, explosives, incendiary devices, or other dangerous items are strictly prohibited aboard 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 special needs must be provided to Carnival at (0845 351 0556) to discuss the details of their special 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 subsequently 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 Disability or 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, Disability or Reduced Mobility which require personal care or supervision then such personal care or supervision must be organised by the Guest and at the Guest’s expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.
(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 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 Guests with Disability and/or 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 the Guest.
9. CANCELLATION BY GUEST
Bookings will be held until 30 minutes prior to departure and arrivals any later than this time will be 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 carnival.co.uk., 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 57 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.
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. If this happens, Carnival will inform the Guest or his travel agent of any such cancellation or change as soon as possible (as appropriate, as soon as reasonably possible thereafter).
(b) If, before departure, Carnival:
(1) makes a Significant Alteration to the Package, 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 as soon as reasonably possible; 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) an event of Force Majeure, or where the cancellation is due to unusual and unforeseeable circumstances the consequences of which could not have been avoided even if all due care had been exercised, (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.
The value of any Cruise credit will be calculated by reference to the Price actually paid for the cancelled Package and may only be used for other bookings with Carnival. Any such new booking must be made no later than 31 December of the year after the date of the original Package. Credit vouchers may be redeemed against the Price of the new Package net of any discount available to the Guest at the time of booking. The compensation set out above does not exclude the Guest from claiming more if he/she is entitled to do so or form requesting that compensation be provided in a different form. No consequential costs or expenses or loss of profit will be payable.
(c) Without limitation to the foregoing clauses and in accordance with EU Regulation 1177/392, if there is a delayed departure, 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. In respect of travel from 18 December 2012 forward, 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 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. If the Guest does not accept them, for good reasons, or it is impossible to make suitable alternative arrangements, 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 minor or it does not effect the value of the cruise or if Carnival is not able to provide a significant proportion of the Package due to an event of Force Majeure 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. Guest further agrees not to solicit anyone on the ship for any commercial or professional purposes.
(b) Guest acknowledges that Carnival’s ships contain non-smoking sections. Guest agrees to refrain from smoking in those sections and agrees that Carnival has the right to disembark the Guest for failure to observe Carnival’s non-smoking policy.
(c) 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. Effective, October 9, 2014, all staterooms and suite accommodations are entirely smoke free, including the outside balcony. Guest agrees to strictly comply with Carnival’s non-smoking policy.
(d) Guest further acknowledges and agrees that any breach of clauses 11 (a), (b) and (c) 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 $250 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.
(e) 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.
(f) 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.
(g) 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 exacted at a 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 luggage). A small quantity is considered a maximum of 12 sealed, unopened cans/cartons of 12 ounces each or less per person. Any hard liquor, beer, other forms of alcoholic beverage, and non-alcoholic beverages, outside of the 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 vessel’s gift shops or at a port of call 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.
(h) 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.
(i) 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 behavior 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.
12. PERSONAL DATA; VIDEO SURVEILLANCE; RIGHT TO SEARCH OR INSPECT; 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. 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.
(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) In order to process your booking and to ensure your travel arrangements go smoothly and 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 data such as health, medical, dietary, religious, gender or sexual orientation information. All Guests agree that Carnival may pass their personal or 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. If Carnival cannot pass your personal information on to the relevant Suppliers, whether in the EEA or not, Carnival cannot properly affect your booking.
(d) 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 also be used by Carnival and other Carnival Corporation and Carnival plc group companies or by processors on their behalf: 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. This may involve transferring your personal information to Carnival Corporation group companies in the US.
(e) 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). 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.
(f) 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 data 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 or available on connection to the internet] in addition to any terms and conditions imposed by a third-party Wireless Services provider.
(g) 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. 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, 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.
(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 ship, 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 travelling with Guest. The Guest or Guest’s estate shall defend and indemnify Carnival and the ship, their servants and agents against liability which Carnival or the ship 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 travelling 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.
14. SHORE EXCURSIONS AND OTHER ACTIVITIES OR SERVICES
(a) The Carnival brochure and Website descriptions may refer to tours or excursions or activities that are available in the ports that you are visiting. Shore Excursions and other activities such as, but not limited to, spa treatments do not form any part of your Contract with Carnival and are not included in the Cruise Fare or the Price. Shore Excursions and other activities or services may be reserved separately on the Website after a Package has been booked 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 US Dollars.
(b) Shore Excursion and other services and activities are provided by independent contractors. Carnival will endeavour to select reputable and competent local Shore Excursion Suppliers. The terms and conditions of the Suppliers will be applicable and are expressly incorporated into the Contract between the Guest and Carnival. These may limit or exclude liability of the Supplier. The liability of Carnival will not exceed that of any Supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any Supplier. In the event of a complaint by a Guest, this Contract will be regarded as having been performed if local laws and regulations relating to those services have been satisfied, even if the laws of England and Wales have not been met. 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.
(c) Where Guests purchase Shore Excursions and activities directly with a local Supplier then in such circumstances, the local Supplier is entirely independent of Carnival even where Carnival assists in booking such activities available as agent or otherwise. Carnival is not responsible for any acts or omissions that are wholly attributable to the fault of the local Supplier.
(d) Guest acknowledges that the various shops and services on board the ship 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 and Carnival is not responsible for their actions. Independent contractors, their employees or assistants are not agents, servants or employees of Carnival and have no authority to act on behalf of Carnival.
(e) 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 invoice/confirmation. This includes facilities or services that are advertised in our brochure and those which We have agreed to arrange.
15. LIMITATIONS OF CARNIVAL’S LIABILITY
(a) 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 15(d) and 15(e) inclusive. In any event Carnival is not responsible for any improper or non-performance of any services forming part of the Package which are wholly attributable to the fault of the Guest; the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Package Contract; unusual and unforeseeable circumstances beyond the control of Carnival and/or the relevant Supplier the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of Force Majeure; or any event which Carnival and/or the relevant Supplier could not even with all due care have foreseen or forestalled.
(b) For claims not involving personal injury, death or illness or which are not subject to the international conventions referred to in clauses 15(d) and 15(e) inclusive, Carnival’s liability for improper performance of the Package Contract shall be limited to a maximum of twice 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, loss of use or any other consequential or indirect loss or damage.
(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 finalised. Carnival does not use any carrier on the EU banned carrier list, available on our Website. The liability of Carnival will not exceed that of any carrier.
(d) Carriage of Passengers and their luggage by air is governed by various international conventions (hereinafter “the international air conventions”), including the Warsaw Convention 1929 (whether as amended by the Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) and 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 found at:
(e) Carriage of passengers and their luggage by sea shall be governed by the Athens Convention which may be found at:
and/or where applicable from 1 January 2013 EU Regulation 392/2009 may be found at:http://eurex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF. The Athens Convention and where applicable 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 arising out of carriage by sea shall be solely brought and determined in accordance with the Athens Convention or where applicable EU Regulation 392/2009 . The carrier’s liability for death or personal injury or loss of or damage to luggage is limited by the Athens Convention and EU Regulation 392/2009 and both make special provision for valuables (See Section 7). It is presumed that luggage has been delivered undamaged to the Guest unless written notice is given to Carnival (as carrier):
(i) in the case of apparent damage, before or at the time of disembarkation or redelivery;
(ii) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
(f) 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 and by the maximum deductible specified in Article 8 (4) of the Athens Convention.
(g) 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 or the Athens Convention and EU Regulation 392/2009 or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but no further.
(h) Insofar as the cruise may be performed on a ship not owned by Carnival, it is agreed that Carnival shall at all times nevertheless be deemed a ship owner for the purposes of the applicable Conventions including the Conventions on Limitation of Liability for Maritime Claims 1976, whether as amended by the Protocol of 1996 or otherwise and as in force in any relevant jurisdiction form time to time, and so entitled to limit liability thereunder.
(i) Except for claims arising out of carriage by air (as provided by clause 15(d)), any liability in respect of death and personal injury and loss of and damage to luggage which Carnival may incur to the Guest during sea carriage, whether under the Guest Contract in accordance with these Booking Conditions or otherwise, shall always be subject to the limits of liability contained in the Athens Convention or EU Regulation 392/2009.
(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 or 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 that you book with Carnival 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. The terms and conditions of the hotels and transfer services will be applicable and are expressly incorporated into the Contract. These may limit or exclude liability of the hotelier or the Shuttle Services operators. The liability of Carnival will not exceed that of any hotelier and/or Shuttle Services operator. Local standards of the relevant country will be relevant in assessing performance of the services. In the event of a complaint or legal claim by a Guest, the Contract will be regarded as having been performed if local standards relating to those services have been satisfied, even if the laws of England and Wales have not been met. In any event Carnival is not responsible for the improper or non-performance of such services which is attributable to: the fault of the Guest; the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of the services to be provided; unusual and unforeseeable circumstances beyond the control of Carnival and/or a Supplier the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of Force Majeure; or any event which Carnival and/or a Supplier could not even with all due care have foreseen or forestalled.
(l) All employees, agents, contractors and their sub-contractors (including Suppliers), 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.
16. GOVERNING LAW, JURISDICTION, ARBITRATION 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 should 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.
(c) Any action by a Guest arising out of carriage by air or sea must be commenced within the two year time limit prescribed by the Warsaw Convention, the Montreal Convention or the Athens Convention and 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) Some disputes involving claims to a limited amount may, if the Guest so wishes, be referred to arbitration under a scheme devised by the Chartered Institute of Arbitrators for the Passenger Shipping Association (“PSA”) or a scheme arranged by ABTA and administered separately by CEDR Solve. An application for arbitration to either the PSA or ABTA must be made within nine months of debarkation from the ship. In addition, the PSA offers a low cost conciliation procedure where a non-binding review of correspondence is undertaken by an independent conciliator and ABTA offers a mediation procedure for injury and illness claims. Details of these schemes are available on request and on the respective websites of the PSA www.the-psa.co.uk and ABTA (www.abta.com).
(f) Complaints relating to EU Regulation No 2006/2004 concerning the rights of passengers when travelling by sea and inland waterway must be made to Carnival in writing within 2 months from the date on which the service was performed. Within 1 month Carnival shall give notice to the Guest that his/her complaint has been substantiated, rejected or is still being considered. However, the time taken to provide the final reply shall be no longer than 2 months from the receipt of a complaint. If the Guest is still not satisfied he/she can refer the matter to the Passenger Shipping Association (PSA) to investigate the Guest’s complaint. The PSA shall investigate and respond to the Guest within 28 days with their decision.
(g) If you have a problem during your stay at a hotel, please inform the accommodation provider immediately, who will endeavor to put things right. You should also try to find a solution whilst you’re there. If your complaint is not resolved locally, please follow this up within 28 days of your return home by emailing [Guest Care] at [guestcareUK@carnival.com] giving your booking reference and all other relevant information. If you fail to follow this simple procedure We will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this Contract.
17. FINANCIAL PROTECTION
(a) Carnival holds an ATOL license number [10599.] When you buy an ATOL protected UK flight or flight-inclusive Cruise holiday from Us you will receive an ATOL certificate either directly from Us or via the authorised agent through which you booked). This lists the flight, accommodation, transfers, car hire and/or 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. Carnival 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 with Us to that 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 against your credit card issuer where applicable).For further information visit the ATOL Website at www.atol.org.uk.
(b) 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 those Trustees any claims which you have or may have arising out 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.
(c) Not all holidays and/or services offered and sold by Carnival will be protected by the ATOL Scheme. All Packages sold by Carnival that do not include flights in the UK are protected under the [ABTA] scheme of financial protection. In the unlikely event of Carnival’s insolvency, the ABTA will ensure that UK guests booked on such Packages are not stranded abroad and will arrange to refund any money paid to Carnival for an advance booking. If you cancel your flight then the ATOL certificate shall be cancelled and your cruise shall be protected by the ABTA scheme.
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 an arbitration scheme for the resolution of disputes arising out of or, in connection with this Contract. The arbitration scheme is arranged by ABTA and administered independently. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Under the scheme, the upper limit on claims is £5,000 and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of personal injury or illness or their consequences. It can however deal with compensation claims that include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims you can request the ABTA Mediation Procedure and We have the option to agree mediation. Further information on the Code and ABTA’s assistance on resolving disputes can be found on www.abta.com.