Legal Notice


There is nothing more important to us than the safety of our guests. Comprehensive, fleet-wide security practices have been in place for many years, which include the reporting of alleged crimes to the FBI. However, as a result of the Cruise Vessel Security and Safety Act of 2010, statistics for cruise ship crime allegations will now be posted on the internet for public viewing. Public reporting requirements, mandated by this law, are unique to the cruise industry and similar requirements do not exist for other travel suppliers such as airlines, hotels and theme parks.


The statistics, cited within the U.S. Coast Guard's web site, represent crime allegations in different categories occurring on cruise ships sailing from North America, which must be reported in accordance to the Cruise Vessel Security and Safety Act of 2010.


It is worth noting that these alleged incidents are no longer under investigation by the FBI and may have been reported without sufficient evidence. Additionally, it is most important to put these statistics within proper context so that everyone can understand that the incidence of crime on board is very small given the large number of guests we carry.


With 23 of our 24 ships currently sailing from US ports, we carry more guests in North America than any other line.


This year, more than four million guests will sail with Carnival, so the number of alleged incidents is a small fraction of those carried. The likelihood of having an incident occur on board one of our ships is therefore remote.

A Carnival cruise remains one of the safest vacation options available.
Incident Reporting Statistics Site.

This website, www.carnival.co.uk (the “Site”), is owned and operated by Carnival Cruise Lines, a business division of Carnival Corporation ("Carnival"). For the purpose of the Data Protection Act 1998 (the Act), the data controller is Carnival Corporation of Carnival Place, 3655 N.W. 87 Avenue, Miami, FL 33178-2428 U.S.A.

Carnival is committed to respecting and protecting your privacy and helping you make the most of your time on the Internet within a trusted environment. This privacy policy (“Privacy Policy”) applies to this Site and governs how we collect, protect, use and share information gathered about you on this Site. By using this Site you agree to the terms and conditions of the Privacy Policy in effect at the time of your use. We hope that this disclosure will help increase your confidence in this Site and enhance your experience on the Internet. Data collected through this Site may be used differently from data collected on other Carnival websites.  Please ensure that you read our Privacy Policy carefully. 

Information We Collect

You can visit this Site without divulging any personally identifiable information including your email address. This Site does not collect personally identifiable information unless you specifically provide such information on a voluntary basis, such as when registering at this Site or using our cruise booking application. See “Information You Provide To Us” below. Carnival uses such information collected primarily to provide better customer service to you, to improve and customise the content you see, to provide the products, services or membership benefits you request, and to contact you about special promotions and new products. Details of specific uses of your personal information that we make are set out below under “How we Use Your Information”.

Information You Provide To Us

As stated above, you are not required to register in order to access this Site and any personally identifiable information that you provide is purely voluntary. Certain portions of this Site are restricted to registered users or passengers with confirmed bookings. These include My Profile, Sign in/Register, My Cruise Manager, Online Check-in, Book Now, Shore Excursions, Fun Job and Contact Us. We may also collect your personal information if you send us an email or participate in one of our blogs or forums or if you apply for employment online through this Site.  Travel agents may register with Carnival through the GoCCL.co.uk. site linked from our Site.

 
When you register on this Site, you will be required to provide your first name, last name, birth date, address, telephone number, and email address and to select a password to be used to access your information. To access My Cruise Manager, you may be required to use your Login Information and a valid booking number obtained from Carnival. If you want to book travel or other services through this Site, you may be required to register in advance in order to obtain access.

When you register, we also collect additional information from above, which may include gender, special occasion dates, vacation and dietary preferences, health requirements, and passport and credit card information (cardholder name, card number and expiration date) as well as emergency contact information (the name, address and telephone number of someone not travelling with you who we can contact in case of an emergency. ("Profile Information"). Information collected in My Cruise Manager may include Profile Information for yourself and those travelling with you. By providing us with the Profile Information of any third party, you are agreeing and acknowledging that you have the express right and authority to do so on their behalf.

Please note that passengers are not required to use Online Check-in to submit information before they begin their cruise; the same information, which is required before boarding, can be provided over the telephone by calling 0845 351 0556 or can be provided at the point of embarkation. However, using Online Check-in will speed up your boarding process because information is submitted in advance.

When you email us with an enquiry we will retain your email address and use it to reply to you. See below for further details of how we use email addresses.

User Information

Our web servers collect the IP addresses and domain names of visitors to this Site on an anonymous basis. This information may be aggregated to measure the number of visits, average time spent on the site, pages viewed, etc. Carnival may use this information to measure the use of the Site and to improve the content we offer. We may share with third parties this experiential information or other data which does not personally identify visitors to this Site. This might include tour or ship preferences of all visitors to this Site, for example.

Use Of Cookies (www.carnival.co.uk/content/cookie/cookie_notice.aspx)

A cookie, also known as an HTTP cookie, web cookie, or browser cookie, is usually a small piece of data sent from a website and stored in a user's web browser while a user is browsing a website. When the user browses the same website in the future, the data stored in the cookie can be retrieved by the website to notify the website of the user's previous activity and help you resume where you left off, remember your registered login, theme selection, preferences, and other customization functions. Cookies are often indispensable for websites that have huge databases, need logins, have customizable themes & other advanced features.  Below is a list of cookies that we use on our Site:

Cookie Name

Cookie Description

.ASPXAUTH

Set cookie after authentication (after logging in this cookie remembers your profile information). This allows the system to validate your login information and display information specific to your profile. 

ASP.NET_SessionId

This cookie stores the unique session identifier that is used by the website to maintain the state of your activities throughout your session on the site.

BookingNumber

Stores an encrypted version of the booking numbers that are associated with your user profile. This allows the site user an extra layer of authentication between different areas of the site. 

CCLStateRoomType 

This cookie stores the value of the room selected by the user for a session. This is so the system holds the stateroom number you select until you have completed your booking process. 

CurrentRatesCriteria 

Stores the criteria for rate selection. This allows the system to find categories and staterooms applicable to the rate you selected during your booking process. 

fpname 

This stores the status of CheckIn and the primary guest. This remembers your Online Check in status & Primary Guest info for your booking. 

PastGuestNumber 

This cookie stores the VIFP number of the user. This allows the system to find applicable promotions eligible to you based on the VIFP number entered.

SailDate 

Stores the nearest sail date of the booking number of user. This allows the system to display available categories, rates, & staterooms during your booking process. 

SailingSearchCriteria 

Stores the search criteria for booking choosen by the user. This allows the system to return sailings specific to your search criteria entered. 

TargetedOffersCookie 

This stores the VIFP Club benefits of the user for a session only. This allows the system to display any offers targetted directly to your VIFP number. 

TierCodeCookie 

This stores the VIFP Club level of the user for the day. This is so the system remembers your VIFP Club level  for offers & promotions applicable to you. This cookie expires at the end of the day.

TierCodeCookieSessionOnly 

This stores the VIFP Club level of the user for a session only. This is so the system remembers your VIFP Club level  for offers & promotions applicable to you. This cookie expires at the end of your session (when you close your browser). 

UserEmailAddress 

Stores the email address of logged in user. This allows the system to send email noticesduring booking & purchasing transactions.

UserFirstName 

This cookie stores the value the first name of logged in user. This allows the system to display your name in key pages during navigation. 

UserLastName 

This cookie stores the value the last name of logged in user for personalization.  

VifpNumberOfDays

This stores numbers ofdays in VIFP account of the user. This allows the system to display info pertaining to the number of days from your VIFP profile such as benefits earned or promotions applicable. 

website#lang 

This cookie stores the value of the language of a Web page or a portion of a Web page. This allows the system to display the site in the language specified by your browser (provided the browser language is supported by Carnival's website. 

 

We also use or allow third parties to set cookies, for example, like many companies, we use Google Analytics to help us monitor our website traffic. We may also use third party cookies to help us with market research, revenue tracking and improving site functionality.

 

You can choose to manage the cookies we use on this Site through your browser settings at any time. For more information about how to do this, and about cookies in general, you can visit www.allaboutcookies.org. Please note that certain cookies may be set as soon as you visit this Site, but you can remove them using your browser settings.

Please note that preventing cookies is likely to affect our ability to update this Site, to cater for user preferences and improve its performance.

Third parties who advertise on our Site may set cookies when you click on their advertisements. We are not able to control the setting of cookies by third parties who advertise on our site, however we encourage all third parties advertisers to take necessary steps to obtain consent before cookies are set.

We also want to make it as easy as possible for you to share content from our Site with your friends through your favourite social networks. Social networking cookies, which are usually set by the social networking provider, enable such sharing to be smooth and seamless.

If you have any questions about our use of cookies or other technologies, please email us at privacypolicyUK@carnival.com and we’ll do our best to help.

How We Use Your Information

If you have booked a cruise with us, personal information that you provide to us through any part of this Site as outlined above may be used by us for the purposes set out in the Personal Data section of our Booking Terms and Conditions (www.carnival.co.uk/about-carnival/legal-notice/ticket-contract.aspx) The personal information that you provide to us or that we obtain through your dealings with us may also be used to review, develop and improve the cruises and other services that we offer and for statistical analysis.

We may also need to share your personal information with governmental agencies including customs and immigration, government or public authorities and with medical staff and with appropriate Carnival personnel in order to process your booking. Carnival is also required to share certain passenger information with local government agencies depending on clearance procedures at the port of call. This may involve sending your information between different countries including countries outside the EEA including the U.S. where controls on data protection are not strong as in the UK.

We may keep your credit card and passport information securely on file and on our servers to enable you to make purchases on board more easily, to facilitate your boarding procedure and other transactions between us, and to resolve disputes as may arise between us and you.

If you have already booked a cruise with us, we, and other Carnival Corporation & plc group companies (including those in the US) may use the information that we collect to contact you either by email, post and/or telephone with information and offers from Carnival Cruise Lines and other Carnival group brands (such as P&O Cruises, Cunard, Princess Cruises, Seabourn Cruise Lines, Holland America Line and Costa Cruises). If you have not yet made a booking with us, we will only contact you with such information if you have consented to this. You may choose how you would like to receive information from us, either by post, email or telephone, at any time by email to UKoptouts@carnival.com.

If you send us an email at or request information by email we will retain your email address and use it to respond to your enquiry. If you consent to do so, we may also use your email address to provide you with details on upcoming events, cruises, packages and other information about Carnival or to provide you with information from companies with whom we have cooperative or joint marketing arrangements.

You may subscribe to our email promotions program by registering on one of our websites. By registering, you are securing your subscription to receive email promotions. You may unsubscribe or change your email address for email promotions at any time by following the instructions mentioned prominently within each email promotion.

Disclosing Information to Third Parties

We do not sell our customers' information to third parties but we may share your information with our group companies as specified above, or with selected third parties only if: (1) you request or authorise it; (2) the information is provided to help complete a transaction for you; (3) the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Booking Terms and Conditions or policies or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.); (4) the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets); (5) the information is provided to our agents, outside vendors or service providers to perform functions on our behalf (e.g., analysing data, providing marketing assistance, providing customer service, processing orders, sending emails about our products or services, etc.)  or (6) to others as described in this Privacy Policy. We may also gather aggregated data about your booking on an anonymous basis and disclose such aggregated (but not personally identifiable) data to third parties for promotional or other purposes.

Promotions

From time to time we may offer promotions such as competitions or prize draws on this Site. If you choose to participate in these promotions we may collect information including your name, address, age, telephone number and email address. We may also request other information some of which may be optional. We will use the information you provide for the purposes of conducting the promotion and for other purposes described in this Privacy Policy. Promotions may be sponsored by Carnival alone or with another sponsor or by a third party. Information you provide may be shared with the sponsor or third parties in accordance with this Privacy Policy. You must be over the age of 18 to participate in any promotions. When you participate in a promotion you are subject to the terms and conditions governing that promotion which will be posted on the Site.

Your Access to Your Information

You are responsible for the accuracy and completeness of all information you provide to us. You may, at any time, access and make changes or corrections to your Profile Information or preferences, or delete them, simply by visiting the My Profile, My Cruise Manager or Online Check-in pages of the site and providing your Login Information. You may also direct us to change or delete your information by email or telephone at the address provided below. You can direct us to delete your email address from our mailing list simply by following the instructions on any email you receive. We will act on your instructions promptly, but making changes or deleting information may take two weeks or more to become effective.

If you wish to obtain a copy of any personal information held about you not shown to you on the relevant area of this Site, please write to us at privacypolicyUK@carnival.co.uk. We may make a charge for supplying this information as permitted by law.

Transportation Security Administration Secure Flight Notice

The U.S. Transportation Security Administration (TSA) requires flights to and/or from the United States to provide your full name, date of birth and gender for the purpose of watch list screening under the authority of 49 U.S.C. section 114, the Intelligence Reform and Terrorism Prevention Act of 2004 and 49 C.F.R. parts 1540 and 1560 for all commercial air travel within, into or out of the United States which is booked on or after August 15, 2009. You may also provide your Redress Number, if available. If you book commercial air travel within, into or out of the United States in conjunction with your voyage we will request this information from you and forward it to the TSA as required by law. Failure to provide your full name, date of birth, and gender may result in denial of transport or denial of authority to enter the flight boarding area.

TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA privacy policies or to review the system of records notice and the privacy impact assessment, please see the TSA Web site at www.tsa.gov.

Inapplicability of Privacy Policy to any Linked Sites or Other Parties

This Site may contain links to other sites such as our affiliates and third parties. This Privacy Policy only addresses the use and disclosure of your information collected on this Site, if any. While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the privacy practices of our affiliates or any other third parties or the content of linked sites, although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or web sites.

Changes to this Privacy Policy

We will occasionally amend this Privacy Policy to reflect company and customer feedback and we reserve the right to make changes to this Privacy Policy at any time. The use of your information is subject to the Privacy Policy and Terms of Use in effect at the time you browse our Site. The provisions contained in this Privacy Policy supersede all previous notices or policies regarding our privacy practices with respect to this Site. We post the effective date of our Privacy Policy on this Site. We encourage you to check this Site frequently to see the current Privacy Policy to be informed of how Carnival is committed to protecting your information and providing you with improved content on this Site in order to enhance your online cruise planning experience. If we make material changes to this Privacy Policy we will post the revised Privacy Policy and the revised effective date on this Site.

Security Procedures to Protect Information

Security of personal information is extremely important to us. Carnival employs security measures consistent with standard industry practice to prevent unauthorized access to your personal information collected on and used by Carnival at this site. Our site uses SSL (Secure Sockets Layer) security technology to encrypt information you provide to us through the Site, but any information you provide us by email is unencrypted. SSL is an industry-standard protocol for encryption over the internet. Data transmission over the internet is never 100% secure.

While we take steps to protect your personal information and keep it secure, you also play a role in protecting your information. You can help to maintain the security of your online transactions by not sharing your booking number or password with anyone. Carnival cannot guarantee the security of any information you transmit to us or from our site, and therefore you use the Site at your own risk.

Your Agreement To This Privacy Policy

By providing personal information through this site you explicitly agree to our collection and use of that information as described in this Privacy Policy. You agree that we may use the personal information you provide in the manner set out in this Policy. You further agree that the information you provide is current, accurate and that you will update it if there are any changes.

Your Comments are Appreciated

If you have any questions, comments or complaints regarding our Privacy Policy, you can contact us via telephone at 0845 351 0556, or email: privacypolicyUK@carnival.com. 

Effective Date: [December 3, 2012]. © 2012 Carnival Corporation.

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.


BOOKING CONDITIONS:


1.  DEFINITIONS


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.


2. CONTRACT


(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

3 nights

£70*

4 nights

£110*

5 nights

£140*

6 + nights

£150*

 
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


FLY2FUN


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 [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.  


(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)

56-42 days

Deposit or 50% of Total Price, whichever is greater (except *Instant Saver)

41-15 days

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:

http://static.vayama.com/pdf/warsawConvention.pdf

http://www.legislation.gov.uk/uksi/2002/263/contents/made


(e) Carriage of passengers and their luggage by sea shall be governed by the Athens Convention which may be found at:

http://folk.uio.no/erikro/WWW/corrgr/passord/Athens74.pdf 

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.


18. ABTA


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.

MOBILE APPLICATION TERMS & CONDITIONS AND PRIVACY POLICY

 

CARNIVAL MOBILE APPLICATION

CARNIVAL MOBILE APP PRIVACY POLICY

 

End User License Agreement for

CARNIVAL MOBILE APPLICATION

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD, INSTALL OR USE THE APPLICATION.


Introduction and Overview


Please read this end user software license agreement (“License”) carefully before clicking the “Accept” button or downloading or using the Carnival Mobile Application (“Application” or “App”).  As used herein, “Application” includes, without limitation, any services specific to the Application, software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this License.  These terms are an agreement between You and Carnival Cruise Lines (“Carnival,” “us,” and “our”) and its affiliates (individually and collectively, “Carnival”).  “You,” “Your” and “Licensee” in this License refer to You, an individual, and/or to the company or other legal entity on whose behalf You accept this License.


TO USE MANY OF THE FEATURES OF THIS APP, YOU MUST BE ON BOARD A CARNIVAL VESSEL. 


This Application is licensed to You by Carnival for use strictly in accordance with the terms and conditions of this License.  By clicking the “accept” button or downloading or using the Application, You are entering into and agreeing to be bound by the terms of this License, the Carnival Terms and Conditions located at http://www.carnival.com/about-carnival/legal-notice/termsandconditions.aspx#TERMSANDCONDITIONS, the Carnival Mobile App Privacy Policy located at http://www.carnival.com/about-carnival/legal-notice/privacy-policy.aspx#PRIVACYPOLICY, each as amended from time to time, which policies are incorporated herein by reference.  If there are any inconsistencies between this License and the Carnival Terms and Conditions or between the Carnival Mobile App Privacy Policy and the Carnival.com Privacy Policy, this License and the Carnival Mobile App Privacy Policy, respectively, take precedence with respect to the Application.  If at any time after reviewing the Application You wish to terminate this License, You must un-install and remove the Application from Your Device, and delete any copy in Your possession.


Your use of the Application also may be governed by terms and conditions required by (i) any applicable third party content and service providers, (ii) the manufacturer and other providers of Your Device and its hardware and software components, including its operating system, (iii) the online store or other applicable distributor through which You obtain the Application, (iv) the applicable wireless service agreement for Your Device, (v) any applicable open source or third party software license, and (vi) the terms or conditions governing Your personal accounts for web content services You access through the Application ((i) through (vi), including without limitation those terms listed in the “Third Party Terms” section of this License, collectively being referred to as the “Related Agreements”).  No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting Carnival’s rights and remedies or Your obligations under this License, or waiving any restrictions on Your rights to use the Application under this License.  This License shall not have the effect of limiting, encumbering or otherwise restricting Carnival’s rights and remedies or Your obligations under any Related Agreement between You and Carnival, or waiving any restrictions on Your rights under any Related Agreement between You and Carnival.  You understand and agree that even if You are not the account-holder for Your Device, Your purchase and use of the Application is governed by terms and conditions in the applicable service wireless service agreement for Your Device.


If Carnival makes any updates or upgrades to the Application available to You, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.


IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND SEVENTEEN (17), YOU MAY USE THIS APPLICATION ONLY WITH THE INVOLVEMENT OF A PARENT OR GUARDIAN WHO AGREES TO THESE TERMS AND TO BE RESPONSIBLE FOR YOUR USE.


IF YOU ARE UNDER THE AGE OF 13, YOU MAY ONLY USE THIS APPLICATION WITH THE EXPRESS CONSENT OF YOUR PARENT OR LEGAL GUARDIAN


Your Parent or Legal Guardian can provide Carnival with their consent in the following ways:


  • Using a credit card, debit card, or other online payment system that provides notification of each separate transaction to the account holder; 
  • Providing consent when granting You authority to make charges to Your parent’s Sail & Sign account;
  • If onboard a Carnival Vessel, providing a copy of a form of government issued ID to Guest Services. 

Each time You access and/or use the Application (other than to simply read the terms and conditions of this License), You agree to be bound by and comply with the terms and conditions of this License, the Carnival Terms and Conditions, the Carnival Mobile App Privacy Policy and any other applicable terms and conditions set forth in any Related Agreements.  DO NOT USE THIS APPLICATION IF YOU DO NOT AGREE. 

The business realities associated with operating the Application are such that, without the conditions that are set forth in this License – such as Your grants and waivers of rights, the limitations on our liability, and Your indemnity to us – we would not make the Application available to You.


THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISION INCLUDED IN SECTION 11 OF THIS LICENSE.


1.   THE APPLICATION:  In order to access the Application while aboard Carnival Vessels (“Vessels”), You will need access to the unsecured Carnival Wi-Fi Service (“Wi-Fi”).  Please review the Terms of Service & Acceptable Use Policy for the Carnival Wi-Fi Service onboard prior to accessing Wi-Fi.


The Application allows You to effortlessly find up-to-date information about Your Carnival cruise:


  • Before check-in, countdown to Your cruise and share the application with Your friends. 
  • After check-in, when You log in with WiFi, You will be able to access information regarding onboard activities, restaurants, menus, open times, entertainment, ports of call, spa services, and shopping.

You can also:

  • Create an online profile. You can choose an avatar from Facebook or Your phone image library and whether to make Your profile public or private.
  • View ship messages and announcements
  • See what's happening every minute of every day
  • Save favorite activities to one convenient list
  • If You purchase the Application Chat function, You can add other cruisers who have also purchased the Application Chat function to Your contacts and Chat with them during Your cruise.

Voice, data and messaging rates may apply when You use this Application. 


1.1          CONSENT TO USE LOCATION INFORMATION:  By using this Application, You agree that Carnival may collect and share Your Location Information for such purpose.  If You do not want Your Location Information collected either do not download/use the Application or You may modify Your Device settings to disable collection of Your Location Information.


1.2          CONSENT TO DISCLOSE PERSONAL INFORMATION:  This Application allows You to create a Profile in which You can share Your name, Your cruise itinerary, plans, and other information regarding Your cruise. This Application also allows You to view some of the Personal Information of the contact that You add to Your Profile.  In addition, if You elect to purchase the Application Chat function, You can communicate with contacts that You add to Your profile.  You and the contact with whom You communicate will be able to view past Chats.  You consent to the display of Your personal information, including without limitation Your name, photo, or other information, by the Application.


2.           LICENSE GRANT AND USE RESTRICTIONS.


2.1   License Grant.  Subject to the restrictions set forth in Section 2.2, Carnival grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application on a single device owned and controlled by You (“Device”), and to access and use the Application on such Device solely for Your personal entertainment use, strictly in accordance with the terms and conditions of this License, the Related Agreements, and all applicable local, national, and international laws and regulations.  You represent, warrant and agree that You are using the Application solely for Your own personal entertainment use and not for redistribution or transfer of any kind.


2.1   Restrictions on Use.  You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Carnival or its collaborators, suppliers or licensors; (e) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Application to multiple Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Carnival; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of Carnival or other intellectual property of Carnival in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device or (m) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application.  You agree to abide by the rules and policies established from time to time by Carnival.  Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues.  These obligations survive termination of this License.


3.          INTELLECTUAL PROPERTY RIGHTS


3.1   Rights to Application. You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use on Your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Carnival or its collaborators, licensors, or suppliers.  Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Carnival and its collaborators, licensors and suppliers.  Title to the Application shall remain with Carnival.  Carnival and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so.  Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Carnival.   These obligations survive termination of this License.


3.2   Carnival Marks.  Carnival owns all right, title and interest in and to all trademarks, service marks, and trade names included in the Application.  For additional information about Carnival’s copyright, trademark and other intellectual property rights, please click here http://www.carnival.com/about-carnival/legal-notice/copyright.aspx. You are not authorized to use the Carnival Marks in any advertising, publicity or in any other commercial manner without the prior written consent of Carnival, which may be withheld for any or no reason.  These obligations survive termination of this License.


3.3   Open Source Software.  The Application may utilize or include third party software that is subject to open source license terms (“Open Source Software”).  You acknowledge and agree that Your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the “Open Source License Terms”).  In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control. 


4.          NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.


4.1   General. You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties (“Third Party Content and Services”). 


4.2   Disclaimer. You acknowledge that Carnival does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Carnival shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Third parties may collect information about You and Your Device if You choose to use Third Party Content and Services.  Carnival and its collaborators, suppliers, and licensors are not responsible for third parties’ data collection practices.  Carnival encourages You to review the third parties’ privacy policies.


4.3   Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein.  You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that Carnival and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.  You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that Carnival and its collaborators, suppliers, and licensors are not in any way responsible for any such use by You.


4.4   Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Carnival of such Third Party Content and Services.  Carnival reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Carnival has no obligation to restrict or deny access even if requested by You.


4.5   Inaccurate or Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that You or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears in search results, as a link or reference to objectionable material.  Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that Carnival and its collaborators, suppliers, and licensors shall have no liability to You for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable. 


5.          ACCOUNTS, PROFILES AND SOCIAL FEATURES


5.1   Accounts.  In order to access or use the features on the Service, You must be onboard a Vessel.  The Application’s practices governing any resulting collection and use of Your personal information are disclosed in its Privacy Policy.  IF YOU ARE UNDER THE AGE OF THIRTEEN (13) THEN CARNIVAL MUST OBTAIN VERIFIABLE CONSENT FROM YOUR PARENTS BEFORE YOU CAN REGISTER AS A USER, CREATE A PROFILE PAGE, SUBMIT PERSONAL INFORMATION TO US, OR OTHERWISE USE THIS APPLICATION.  FOR INFORMATION ON THIS PROCESS, SEE GUEST SERVICES ON BOARD.


Your username will be your cruise Folio number and Your password will be the month and day of your birth (mm/dd) and You agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive.  We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about Yourself in connection with the registration process and, as permitted, to maintain and update it including on Your Profile Page, continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under Your account, password, and username – whether or not You authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of Your password and for restricting access to Your Device so that others may not access any password protected portion of the Application using Your name, username, or password; (v) You will immediately notify us of any unauthorized use of Your account, password, or username, or any other breach of security; (vi) You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and You will not post private or confidential information via the App, including, without limitation, Your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses; (vii) You will not use the App for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to Your use of the App and your Content (defined below), including but not limited to, copyright laws; (viii) You will not interfere or disrupt the App or servers or networks connected to the App, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; and (ix) You will not sell, transfer, or assign Your account or any account rights.


We will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with any of the foregoing obligations. 


If any information that You provide, or if we have reasonable grounds to suspect that any information that You provide, is false, inaccurate, outdated, incomplete, or violates any applicable terms or conditions or law, then we may suspend or terminate Your account.  We also reserve the more general and broad right to terminate Your account or suspend or otherwise deny You access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.


5.2   Profiles.  When You are on board Your Vessel, You can create a Profile.  To create a Profile, You must be logged in to the Vessel’s Wi-Fi.  Click here for terms and conditions related to the Carnival Wi-Fi Service.  You must enter Your cruise Folio number, and the month and day of Your birth (mm/dd).  You may be able to create a nickname and/or choose a profile picture.  However, if You choose to submit photographs to the Application or include other images of real people, then make sure they are of You or of You and someone You know – and only if You have their express permission to submit it.  EACH MEMBER OF YOUR TRAVELING PARTY MUST CREATE HIS OR HER OWN PROFILE IN ORDER TO ACCESS THE APP AND RELATED SERVICES.


Without limiting the foregoing, Profile Pages may not include content that You are attempting to sell through the Application, and cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests or other promotions absent our prior written consent.  We may offer You the ability to set preferences relating to Your profile or Application activities, but settings may not become effective immediately or be error free, and options may change from time-to-time.  We assume no responsibility or liability for users’ Profile material.


We do not review Profile Pages to determine if they were created by an authorized person or an appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on the Application.  If there is any dispute as to whether a Profile Page has been created or is being maintained by an authorized representative of the individual who is the subject of that Profile Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion.  Such resolution may include, without limitation, deleting or disabling access to Profile Pages, or any portion thereof, at any time without notice.


5.3   Family and Friends.  The Family and Friends feature allows You to plan Your shipboard activities with Your Family and Friends and other guests and to Chat with each other with the Chat function. Each person must purchase their own subscription for the Carnival Chat function in order to utilize this feature.  You can add family members and friends to Your contacts..  Family and Friends can share itinerary and activity information.


To invite Family or Friends who have their own App Profiles, You will need to sign in to the App and send Your Family Member or Friend an invitation to their e-mail address.  When a Family Member or Friend accepts Your information, that person can see Your name or nickname, Your Profile photograph, and Your entire trip itinerary.  Family and Friends who are on Your reservation will also be able to see Your reservation information.


Your Family Members and/or Friends may also send You an invitation.  You acknowledge that by sending and/or accepting an invitation to connect on the App, You authorize that Family Member or Friend to plan or modify activities for You without notice to You.  Carnival is not liable or responsible for the conduct of the family or friends You choose to connect with on the App, including in the planning or modification of activities on Your behalf, or for a family or friend’s use of any information You choose to share with the family or friend.


If You create a profile for a Family Member or a Friend who does not have his or her own App account, You are not creating an App account for that person.  Instead, You are providing information about that Family Member or Friend in order to add him or her to activities on that person’s behalf.  You may remove Family Members or Friends from these “Managed Profiles” at any time.


5.4   User Generated Content. Carnival may allow You to upload certain images, graphics, photos, audio and video clips, statements and other content or materials (collectively, "Content") on or through the App. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the App. You are solely responsible for your conduct and any Content that You post on or through the App. Carnival may, but has no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that Carnival determines in its sole discretion violates this License.


Carnival does not claim ownership of any Content that You post on or through the App. Instead, you hereby grant to Carnival a non-exclusive, perpetual, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use publish and distribute the Content that you post on or through the App in all media and types of advertising and promotion throughout the world. You represent and warrant that: (i) You own the Content posted by You on or through the App or otherwise have the right to grant the rights and licenses set forth in these terms; (ii) the posting and use of your Content on or through the App does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed by reason of Content You post on or through the App; (iv) no advertisement or other materials need be submitted to You for further approval and Carnival shall be without liability to You for any distortion or illusionary effect resulting from the publication of my biography, picture, and likeness; and (v) You have the legal right and capacity to enter into this License in your jurisdiction. Additionally, You expressly release Carnival from and against any and all claims which You may have at any time for the remuneration, invasion of privacy, rights of publicity, defamation  or any cause of action arising out of Carnival’s use or any advertisement, marketing device or other publication relating to Carnival’s use of your Content.


6.          PURCHASE OF CHAT SUBSCRIPTION


6.1   The Application Chat function will enable You to communicate (“Chat”) with Your Friends and Family while on the Vessel.  All Friends and Family who are identified as “travel with,” “same cabin” or “same account” on Your Folio will automatically be pre-loaded as contacts. In order to Chat with anyone else, You must first add them to Your Profile and they must accept Your invitation to Chat.  In order to use the Carnival Chat function, You must purchase a subscription. A valid/funded/activated sail and sign card is required for purchase.   Your Friend and/or Family Member must also be subscribed to Carnival Chat. The purchase of a Carnival Chat subscription is a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use the Chat function for the duration of Your Carnival sailing.  Accordingly, Youhave no property, proprietary, intellectual property, ownership, or monetary interest in Your Chats, which remain our Content.  The right may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.  We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.


6.2   You may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items.  Any such attempted transfer will be null and void.


6.3   If we suspend or terminate any usage subscriptions or virtual items, then You will forfeit the suspended or terminated subscription or items, except as may be set forth in any additional terms (such as any refund policies that may apply to a subscription service).  Likewise, except as may be set forth in any additional terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing You any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.


7.          TERM AND TERMINATION. This License shall be effective until terminated. Carnival may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice.  Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Carnival Upon the termination of this License, You shall cease all use of the Application and uninstall the Application.  Carnival may, without notice to You, disable the Application.  Carnival will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy Carnival may have, now or in the future.  These obligations survive termination of this License.


8.          DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  FURTHERMORE, CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARNIVAL OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.  FURTHERMORE, YOU ACKNOWLEDGE THAT CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. YOU ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE.  CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOTWARRANT THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE.  FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE.  YOU ACKNOWLEDGE AND AGREE THAT CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS.  SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION.  THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.

NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.


9.          LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL CARNIVAL, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARNIVAL’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APPLICATION, (ii) THE AGGREGATE AMOUNT YOU PAID TO CARNIVAL FOR THE APPLICATION DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  THIS SECTION 9 SHALL SURVIVE TERMINATION OF THIS LICENSE.


10.          INDEMNIFICATION.  You shall indemnify, defend and hold harmless CARNIVAL and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of this Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. You will promptly notify Carnival in writing of any third-party claim arising out of or in connection with Your access to or use of the Application.  These obligations survive termination of this License.


11.          DISPUTE RESOLUTION BY BINDING ARBITRATION


PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS

Summary:


Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-888-227-6482. In the unlikely event that Carnival's customer service department is unable to resolve a complaint You may have to Your satisfaction (or if Carnival has not been able to resolve a dispute it has with You after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.  The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this License, and will be administered by the AAA in Miami, Florida.  Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.  Any arbitration under this License will take place on an individual basis; class arbitrations and class actions are not permitted.


12.          MISCELLANEOUS.  The following provisions survive termination of this License:


12.1   Governing Law, Limitation on Actions.  This site is controlled and operated by Carnival from its offices within the State of Florida, United States of America. Carnival makes no representation that materials in the site are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Miami-Dade County and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action


12.2   Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.


12.3   Waiver.   Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.


12.4   Modification or Amendment. Carnival reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the App (or any function or feature of the App or any part thereof, including but not limited to rates and charges) with or without notice. You agree that Carnival will not be liable to You or to any third party for any such modification, suspension or discontinuance of the Service. This License may be updated or changed from time to time, as determined by Carnival in its sole discretion. Carnival will provide notice of changes in the License in any manner acceptable by law, including by posting them to our onboard website or at such other website as Carnival may designate. Any changes or modifications will be effective immediately upon such notice, and You waive any right You may have to receive specific notice of such changes or modifications. Your use of the App following updates or a change to this License constitutes Your acceptance of those changes; therefore, You should frequently review this license to understand the terms and conditions that apply to Your use of the Service. If You do not agree to the revisions, You must terminate Your use of the App immediately.


12.5   Survival. Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.


12.6   Third Party Beneficiaries.  Except as explicitly provided in this License or in the Related Agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. 


12.7   No Transfer by You.  You may not rent, lease, lend, sublicense, assign or transfer the Application, this License or any of the rights granted hereunder.  Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.  These obligations survive termination of this License.  Carnival may assign this License without restriction.


12.8   Copyright Complaints.  Carnival respects the intellectual property rights of others. If You believe that Your work has been copied and has been posted, stored or transmitted by or through the Application in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Carnival’s Copyright Agent the following written information:


  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that You claim has been infringed upon; 
  • A specific description of where the material that You claim is infringing is located; 
  • Your address, telephone number, and e-mail address; 
  • A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. 
       

Carnival’s Copyright Agent for notice of claims of copyright infringement relating to the Application can be reached as follows:

Attn: General Counsel
Carnival Cruise Lines
3655 NW 87th Avenue
MLGL-815
Miami, Florida 33178-2428

For more information about Carnival’s copyright protection practices under the DMCA and for information on how to contact Carnival’s DMCA agent, please refer to http://www.carnival.com/about-carnival/legal-notice/copyright.aspx.


12.9          Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.


Third Party Terms.   The below Third Party Terms are incorporated herein and made part of this License:  Apple and Google.


APPLE:  Additional provisions and Usage Rules required by Apple, Inc. (“Apple”) may be found at www.apple.com/legal/itunes/appstore/us/terms.html.  If Your Device is manufactured by Apple or if You obtain the downloadable Application through iTunes, You and Carnival acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, Apple will have the right to enforce this License against You in its capacity as a third party beneficiary to the License.  APPLE SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE APPLICATION OR YOUR USE OR POSSESSION OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO (i) PRODUCT LIABILITY CLAIMS, (ii) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (iv) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED.  IF YOU HAVE PAID ANY FEE TO APPLE FOR USE OF THE APPLICATION, IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE APPLICATION.  APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.


GOOGLE:  Additional provisions and Usage Rules required by Google Inc. (“Google”) may be found at https://play.google.com/intl/en_us/about/play-terms.html.  If Your Device is manufactured by Google or if You obtain the downloadable Application through Google Play, You and Carnival acknowledge and agree that Google and its subsidiaries are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, Google will have the right to enforce this License against You in its capacity as a third party beneficiary to the License.

April 2015




CARNIVAL MOBILE APP PRIVACY POLICY

Effective Date:  April 2015

Introduction


Welcome! Thank you for downloading the CARNIVAL MOBILE APPLICATION (“Application” or “App”). The App is owned and operated by Carnival Cruise Lines, a division of Carnival Corporation (“Carnival,” “we,” “our” or “us”).  This Privacy Policy governs your use of the App and also applies to your use of interactive features (e.g., Carnival Chat), widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through the App and/or that posts a link to this Privacy Policy, but does not apply to data we receive from third parties, even if they use our technology to collect it, unless we combine such data with Personal Information (defined below) that we have ourselves collected under this Privacy Policy. This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Application (unless otherwise stated below), and does not govern the data practices of third parties that may interact with our App. 


To the extent we provide you notice on our App of different or additional privacy policies or practices (e.g., at the point of our collection of information), those additional terms shall govern such data collection and use. 


In addition, please review the Application’s End User License Agreement, located at http://www.carnival.com/about-carnival/legal-notice/termsandconditions.aspx (“License”), which governs your use of the Application  By using our Application, you consent to our Privacy Policy and License and our collection, use and sharing of your information and data, and other activities, as described below.

IF YOU ARE A PARENT OF A CHILD UNDER THIRTEEN (13) WHO MAY DOWNLOAD THIS APPLICATION, PRIOR TO DOWNLOADING THE APPLICATION TO YOUR CHILD’S DEVICE, YOU MUST REVIEW OUR PRIVACY POLICY FOR CHILDREN IN SECTION 3, BELOW.


1.         Information We Collect

(a) Personal Information, Demographic Information, and Location Information.  On the Application, we may ask you to provide us with certain categories of information such as: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, and home address (“Personal Information”); (2) demographic information, such as information about your gender, age, and marital status (“Demographic Information”); and (3) location-based information (“Location Information”) that we collect from the location of your Mobile Phone, Tablet or other Device (a “Device”).   We may collect this information through various forms and in various places on the Application, including your Account Registration Page and Profile Page, or when you otherwise interact with the Application.  To the extent we combine Demographic Information with your Personal Information we collect directly from you on the Application, we will treat the combined data as Personal Information under this Privacy Policy.


By providing personal and demographic information through this Application you explicitly agree to our collection and use of that information as described in this Privacy Policy. You agree that we may use the personal information you provide to respond to your inquiries, process orders, contact you regarding customer service, let you know about products or services which may be of interest to you or to personalize our service to meet your needs or preferences. This may involve sharing certain information with our medical staff, affiliated companies or third parties, for instance, if you require a wheelchair or have dietary preferences. You also agree that we may share your personal information with our affiliated companies and third parties as described in this Privacy Policy. You further agree that the information you provide is current, accurate and that you will update it if there are any changes.


(b)       Information Collected or Stored As You Access and Use the Application

In addition to any Personal Information or other information that you choose to submit to us via our Application, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Application (“Usage Information”).  This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your Device whenever you visit or interact with our Application.  To the extent we associate Usage Information with your Personal Information we collect directly from you on the Application, we will treat it as Personal Information. 


This Usage Information may include:


  • Registration information you provide when you create an account, including your first name and surname, country of residence, gender, date of birth, email address, username and password, cruise date, and folio number. 
  • your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Application, and our computers identify your Device by its Device Identifier; 
  • your Device functionality (including browser, operating system, hardware, mobile network information); 
  • the URL that referred you to our Application; 
  • the areas within our Application that you visit and your activities there, including remembering you and your preferences; 
  • your Device location (i.e., your Location Information); 
  • Information sent either one-to-one or within a limited group using our message, chat, post or similar functionality, where we are permitted by law to collect this information; 
  • Information you provide to us when you use our sites and applications, our applications on third-party sites or platforms such as social networking sites, or link your profile on a third-party site or platform with your registration account 
  • your Device characteristics; and 
  • certain other Device data, including the time of day, among other information


We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”).  Tracking Technologies may set, change, alter or modify settings or configurations on your Device.  A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):


Cookies.  This Application uses "cookies" to help personalize your experience with this App, such as recognizing your name when you revisit, as well as to assist us in marketing and advertising. A cookie is a text file that is anonymously placed on your hard disk by a web page server. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device.  HTML5 cookies can be programmed through HTML5 local storage.  Unlike Flash cookies, HTML5 cookies do not require a plug-in.


Cookies cannot be used to run programs or deliver viruses to your computer. Cookies placed when you visit our App do not personally identify you, but they do allow us to monitor certain statistics which help us improve our services, such as how many visitors view certain pages in the Application.


Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings.  Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard.  Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies.  For information on disabling Flash cookies, go to Adobe’s web site www.adobe.com.  Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Application may not function properly, and that when you revisit our Application your ability to limit cookies is subject to your browser settings and limitations. 


Web Beacons.  Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our Application’s pages and messages.  Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon.  Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Application, to monitor how users navigate the Application, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed. 


Embedded Scripts.  An embedded script is programming code that is designed to collect information about your interactions with the Application, such as the links you click on.  The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Application, and is deactivated or deleted thereafter. 


Browser Fingerprinting.  Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification. 


ETag, or Entity Tag.  A feature of the cache in browsers.  It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.  If the resource content at that URL ever changes, a new and differentETag is assigned.  Used in this manner ETags are a form of Device Identifier.  ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies. 


Recognition Technologies.   Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user). 


We may use Tracking Technologies for a variety of purposes, including:


Strictly Necessary.  We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Application, including cookies required to prevent fraudulent activity, improve security or allow you to make use of shopping‑cart functionality. 


Performance‑Related.  We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Application, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Application. 


Functionality‑Related.  We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Application, including identifying you when you sign‑in to our App or keeping track of our specified preferences, including in terms of the presentation of content on our App.


Targeting‑Related.  We may use Tracking Technologies to deliver content, including ads, relevant to your interests on our Application and third‑party sites based on how you interact with our advertisements or content.  This includes using Tracking Technologies to understand the usefulness to you of the advertisements and content that have been delivered to you.  Further information on this, and your opt-out choices, is found in Section 6 below. 


(c)        Information Third Parties Provide About You


We may receive information about you from your friends and others that use the Application, such as when they submit content to us or post on the App.  Additionally, we may, from time to time, supplement the information we collect directly from you on our Application with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you.  To the extent we combine information we receive from those sources with your Personal Information we collect on the App, it will be treated as Personal Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties, even if they have used our technology to collect it and share it with us. 


(d)       Interactions with Third-Party Services


The App may include functionality that allows certain kinds of interactions between the App and a third-party web site or application.  The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us.  In addition, we may provide third-party sites’ interfaces or links on the Application to facilitate your sending a communication from the Application.  For example, we may use third parties to facilitate emails, tweets or Facebook postings.  These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. Carnival may not control or have access to your communications through these third parties.  Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices.  You should review the applicable third-party privacy policies before using such third-party tools on our Application. 


(e)       Information You Provide About a Third Party


You may send someone else a communication from the App (e.g., to invite family or friends to the Family and Friends feature or the Chat function), such as sending an invitation to a friend.  If so, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise.  Please be aware that when you use any send-to-a-friend functionality on our Application, your contact information, name or user name and message may be included in the communication sent to your addressee(s).  Some of these tools may be third-party tools subject to third-party privacy policies, as further detailed in Section 1(d).


If You create a profile for a Family Member or a Friend who does not have his or her own App account, You are providing information about that Family Member or Friend (first name, surname, and date of birth/age) in order to add him or her to activities on that person’s behalf.  By providing us with the Profile Information of any third party, you are agreeing and acknowledging that you have the express right and authority to do so on their behalf.


2.         Information You Provide to Us


You are required to register in order to access the Application.  When you register on our App, you will be required to provide your first name, last name, birth date, Folio number and to select a username and password to be used to access your information.  In addition, you can elect to upload a personal photograph for use as an avatar. We may also collect special occasion dates, vacation and dietary preferences, health requirements, and passport and credit card information (cardholder name, card number and expiration date) as well as emergency contact information (the name, address and telephone number of someone not traveling with you who we can contact in case of an emergency ("Profile Information").


Information collected by the App may include Profile Information for yourself and those traveling with you. By providing us with the Profile Information of any third party, you are agreeing and acknowledging that you have the express right and authority to do so on their behalf.


From time to time we may offer promotions or specials on behalf of companies with whom we have joint or cooperative marketing arrangements. You may take advantage of these promotions or specials by clicking on links on our App. You will be transferred to a different site which may not be owned or operated by Carnival where you may be required to provide personal information in order to participate in the promoted products or services. This privacy policy does not apply to those sites; please review the privacy policy posted on those sites.


3.         Child Privacy


We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our sites and applications.  Children under 13 (“Child” or “Children”) are eligible to register for this Application only with the express parental consent of their parents.  The procedure for providing express parental consent is available here http://www.carnival.com/about-carnival/legal-notice/termsandconditions.aspx. We require a high level of consent such as credit card or other payment method for verification (with a nominal charge involved), speaking to a trained customer service representative by telephone, or requiring a signed consent form by mail, email attachment, or fax.  After this consent, a parent may have the opportunity to use a pin or password in future communications as a way to confirm the parent’s identity.


This Application collects personal information from Children as follows: Children can register with the Application to view the shipboard schedule, select activities, and use the Chat function to communicate with Friends and Family identified in “Contacts.”  During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent or guardian’s email address, the child’s first name and gender, the child’s member or account username, and password. We also may ask for birth dates from children to validate their ages. We strongly advise children never to provide any personal information in their usernames. Please note that children can choose whether to share their information with us, but certain features cannot function without it. As a result, children may not be able to access certain features if required information has not been provided. We will not require a child to provide more information than is reasonably necessary in order to participate in an online or mobile activity.


We collect personal information from children and we take additional steps to protect Children’s privacy, including:

 

  • Notifying parents about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information 
  • Children who are subscribed to the Chat function may Chat with Friends and Family Members in their Contact Lists. We strongly encourage children who use these interactive features on our Application never to provide personal information about themselves or any third party, and certainly never to attempt to circumvent our filters or moderation. 
  • When children interact with us, certain information may automatically be collected, both to make our Application more interesting and useful to children and for various purposes related to our business. Examples include the type of Device, mobile device identifier, the frequency with which the child visits various parts of our Application, and information regarding the mobile service provider. This information is collected using technologies such as cookies, flash cookies, web beacons, and other unique identifiers (which we define in Section 1(b), above) This information may be collected by Carnival or by a third party. This data is principally used for internal purposes only, in order to: provide children with access to features and activities on our Application, customize content and improve our Application, conduct research and analysis to address the performance of our Application, and generate anonymous reporting for use by Carnival. 
   

Consistent with the requirements of the Children’s Online Privacy Protection Act (“COPPA”), when we determine that the user of an application is age 12 or under, we will ask for a parent or guardian email address before we collect any personal information from the child.  For more information about COPPA, see (http://www.onguardonline.gov/articles/0031-protecting-your-childs-privacy-online)


At any time, parents can refuse to permit Carnival to collect further personal information from their Children in association with a particular account, and can request that we delete from our records the personal information we have collected in connection with that account. Please keep in mind that a request to delete records may lead to a termination of an account or other service.


Where a Child has created an account, we use two methods to allow parents to access, change, or delete the personally identifiable information that we have collected from their Children:


  1. Parents can request access to and delete their Child’s personal information by logging on to the Child’s account through the Child’s mobile device. Parents will need their Child’s username and password. 
  2. Parents can contact Guest Services to request access to, change, or delete their Child’s personal information by visiting the Guest Services desk on board. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT given consent for, please feel free to contact us Guest Services. 

4.         Your Access to Your Information

You are responsible for the accuracy and completeness of all information you provide to us. You may, at any time, access and make changes or corrections to your Profile Information or preferences simply by visiting the My Profile page of the App. You may also direct us to change your information by email or telephone at the address provided below. You can direct us to remove your email address from our mailing list simply by following the instructions on any email you receive. We will act on your instructions promptly, but making changes may take two weeks or more to become effective.


5.         Disclosing Information to Third Parties


We do not sell our customers' information to third parties but we may share your information with our affiliated companies or with third parties. We will reveal personal information to unaffiliated third parties only if: (1) you request or authorize it; (2) the information is provided to help complete a transaction for you; (3) the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Legal Notices or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.); (4) the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets); (5) the information is provided to our agents, outside vendors or service providers to perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, sending emails about our products or services, etc.) or with whom we may have cooperative or joint marketing arrangements; (6) the information is shared with third parties for their marketing use, or (7) to others as described in this Privacy Policy. We may also gather aggregated data about you and disclose such aggregated (but not personally identifiable) information to third parties for promotional or other purposes.


6.         Affiliate Marketing Opt Out


Federal law gives you the right to limit some but not all marketing from Carnival. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from Carnival. 

You may limit our affiliates, including our sister cruise lines in the Carnival Corporation, from marketing their products or services to you based on personal information Carnival provides them. This information includes your name, your address, and your cruising history.

Your choice to limit marketing offers will apply for 5 years from when you tell us your choice. Once that period expires, you may receive a renewal notice which will allow you to limit marketing offers for another 5 years. If you have already made a choice to limit marketing offers from us, you do not need to act again until you receive the renewal notice. To limit affiliate marketing offers, please email privacypolicy@carnival.com or contact us toll free at 1-888-CARNIVAL.


7.         Your California Privacy Rights


Carnival may disclose your personal information to our affiliates or other third parties for their use in the marketing of their products or services (as opposed to Carnival products or services) to you unless you tell us not to. In order to opt out of such sharing or for further information, please email privacypolicy@carnival.com or contact us toll free at 1-888-CARNIVAL.


8.         Security Procedures to Protect Information


Security of personal information is extremely important to us. Carnival employs security measures consistent with standard industry practice to prevent unauthorized access to your personal information collected on and used by Carnival at this site. This Application uses SSL (Secure Sockets Layer) security technology to encrypt information you provide to us through the Site, but any information you provide us by email is unencrypted. SSL is an industry-standard protocol for encryption over the internet. Data transmission over the internet is never 100% secure.

While we take steps to protect your personal information and keep it secure, you also play a role in protecting your information. You can help to maintain the security of your online and mobile transactions by not sharing your Folio number, username, or password with anyone. Carnival cannot guarantee the security of any information you transmit to us or from our App, and therefore you use our App at your own risk.


9.         Inapplicability of Privacy Policies of any Linked Sites or Other Parties


This Application may contain links to other sites such as our affiliates and third parties. This Privacy Policy only addresses Carnival's use and disclosure of your information collected on this site, if any. While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the privacy practices of our affiliates or any other third parties or the content of linked sites, although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or web sites.


10.       Changes to this Privacy Policy


We will occasionally amend this Privacy Policy to reflect company and customer feedback and we reserve the right to make changes to this Privacy Policy at any time. The use of your information is subject to the Privacy Policy and Terms of Use in effect at the time of use. The provisions contained in this Privacy Policy supersede all previous notices or policies regarding our privacy practices with respect to this App. We post the effective date of our Privacy Policy on our Application. We encourage you to check this Application frequently to see the current Privacy Policy to be informed of how Carnival is committed to protecting your information and providing you with improved content in this Application in order to enhance your mobile cruise planning experience. If we make material changes to this Privacy Policy we will post the revised Privacy Policy and the revised effective date on this site.


11.       Your Comments are Appreciated


If you have any questions, comments or complaints regarding our Privacy Policy, you can contact us via telephone at 1-888-CARNIVAL, or email privacypolicy@carnival.com. This site is owned and operated by Carnival Cruise Lines, a division of Carnival Corporation, which controls any information submitted through this site.

April 2015
 

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USING THIS SITE.

By using this Site, you are deemed to agree to the following terms and conditions. If you do not accept these terms and conditions, please stop using the Site:

By using this site, you agree to the following terms and conditions:

OWNERSHIP AND RESTRICTIONS ON USE

This website, www.Carnival.co.uk  (the “Site”) is owned and operated by Carnival Cruise Lines, a business division of Carnival Corporation

All materials contained in this site are the copyrighted property of CARNIVAL. No material from www.Carnival.co.uk. or any Web site owned, operated, licensed, or controlled by CARNIVAL collectively or any one of which is referred to as "the Carnival Sites" may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of CARNIVAL's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or computer network environment is expressly prohibited. Carnival owns all right, title and interest in and to all trademarks, service marks, and trade names included in the Web Site. For additional information about Carnival’s copyright, trademark and other intellectual property rights, please click here.

Any personal information you provide to us while registering or when using www.Carnival.co.uk will be used by Carnival in accordance with Carnival’s Privacy Policy, which you can view here [link to privacy policy]. Non-personal information you send or communicate to us, such as questions, comments or inquiries, will be not considered personal information and therefore will not be subject to our Privacy Policy. Accordingly, Carnival may use any such non-personal information you supply to us, which may include, but is not limited to, any inventions, ideas, concepts or know-how, without restriction or liability.

REGISTRATION, PASSWORD AND SECURITY

When you register with Carnival.co.uk, you will create a login name and a password in completing the registration process and will provide us with certain information. It is your responsibility to provide us with true and accurate information during the registration process. Carnival will accept your information as it is provided to us. We will not verify the truth, accuracy or completeness of your information and we expressly disclaim any liability in connection therewith. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. It is also your sole obligation to immediately notify Carnival of any unauthorized use of your account or any other breach of security.

MODIFICATION OF TERMS

Carnival reserves the right to change, modify, add, or remove portions of these terms at any time at our discretion. You must check these terms periodically for changes as you are legally bound by them. Your continued use of the Site subsequent to the revisions of these terms means you accept those changes.

TERMINATION

CARNIVAL may terminate your use of the Site for any reason, with or without notice. Upon termination, you must destroy all materials obtained from this and any and all other CARNIVAL site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

LINKS

Carnival, at its discretion, may provide links to other web sites or resources or allow third party web sites to link to www.Carnival.co.uk. Because Carnival has no control over such web sites or resources, you expressly understand and agree that Carnival is not responsible in any way or form for the contents, products, advertising, materials, services or resources contained on any other web sites and Carnival does not endorse or sponsor any third party web sites. Carnival is not responsible or liable, whether directly or indirectly, for any damage, loss or claims by or in connection with your use or reliance on any content, products, advertising, materials, services or resources available on or through such web sites

LIMITATION OF LIABILITY

NOTHING IN THESE CONDITIONS SHALL LIMIT OR EXCLUDE CARNIVAL’S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS AND (B) FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE FOREGOING UNDER NO CIRCUMSTANCES SHALL CARNIVAL SHALL BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, INCLUDING LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CARNIVAL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

OTHER

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by all parties.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved. Carnival owns all right, title and interest in and to all trademarks, service marks, and trade names included in the Site.

No material from the Site or any other website owned, operated, licensed, or controlled by Carnival may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

UPLOADING MATERIAL TO OUR SITE

To extent that the Site provides interactive capabilities that allows you to submit information or data on the Site, you expressly agree that you must not upload to, distribute through, or otherwise publish through the Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy rights, abusive, illegal, or otherwise objectionable or that would constitute or encourage a criminal offence, infringe or violate the rights of any party, or that would otherwise give rise to a liability under or breach of any law. We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the foregoing content requirements.

By uploading or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other use to the Site.

ACCESS TO SITE

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our Site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. 

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

GOVERNING LAW AND JURISDICTION

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

SHORE EXCURSION IMPORTANT CONDITIONS

Please read the following information before ordering any shore excursions online. These conditions are binding once you purchase any shore excursion provided by independent tour operators through Carnival. The deadline for making shore excursion bookings online is 3 days prior to sailing, unless otherwise noted in the shore excursion description. All of the shore excursions listed on the carnival.com website may not be available for every cruise itinerary.

All excursions are subject to change without notice. Descriptions, departure times, itineraries, pricing and locations may be altered and may vary due to unforeseen circumstances. Descriptions and excursion lengths are all based on approximate times and predetermined points of interest. Changes may be unavoidable and can be made at the tour operator’s sole discretion. Departure times and meeting places will be printed on the shore excursion ticket. As a delay may result in a missed excursion or interfere with the excursion’s normal operation, guests are required to report to the specified location, at the designated departure time.

You will be required to pay for your shore excursion order in full using our secure online credit card processing.  If online payment is made with a credit card, a handling charge of 1.5% of the total USD amount will be added to your charges. You will receive instant online confirmation that your order has been paid in full. Your tickets will be delivered to your cabin prior to embarkation.

Shore Excursion Cancellation and Refund Policy

Shore excursions may be cancelled by Carnival or the Tour Operator due to inclement weather conditions, or any other reason whatsoever. In which case, and as your sole recourse, full refunds will be made to guests who have purchased cancelled excursions.

Excursions may be canceled or modified depending on the number of guests participating. Some excursions require a minimum number of guests to operate. If this minimum is not met, excursions may be cancelled by the Tour Operator and full refunds will be issued.

For online cancellations that occur outside the cut-off window, 3 days prior to sailing, a full refund will automatically be posted to the credit card that was used to pay for the shore excursion order. Please allow 5-7 business days for the credit to post to your account. No changes can be made within the cut-off window. If you need to make changes after the cut-off date, you must wait until sailing and see the Shore Excursion Manager onboard. In the event of a cruise booking cancellation within the cut-off window, a full refund will automatically be posted to the credit card used to pay for the order.

If the designated contact person on a shore excursion order must cancel from their cruise booking and the remaining guests who are sailing would like to retain the shore excursion order, a new contact person needs to be assigned. If a designated contact person cancels and does not reassign the responsibility, the associated shore excursion orders will automatically cancel and be refunded.

Once onboard, cancellations are subject to a 25% cancellation charge. However, within 24 hours of arrival in port, all shore excursion orders are non-refundable. A refund, less any applicable cancellation charges, will be applied to the designated contact person’s sail and sign account. Carnival will only offer shipboard credit for shore excursion order refunds, but note any credit not utilized by the end of your cruise will be refunded via check payable in USD to the order’s designated contact person on the morning of debarkation.

Responsibility

Shore Excursion and other services and activities are provided by independent contractors.  Carnival will endeavor 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.  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.

Excursions/Tours & Activities not Sold by Carnival

Carnival recommends that guests do not engage in excursions, tours or activities that are not sold through Carnival as Carnival has no familiarity whatsoever with these services or their operations.  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. 

Restrictions

Please note that there are certain restrictions based on age, health, weight and/or height, which have been imposed by the individual excursion operators for your own safety. Carnival urges you to abide by them.

Tour operators have the right to require any individual to withdraw from an excursion at any time if they deem that individual’s conduct detrimental to or incompatible with the interests, comfort, well-being or harmony of the group as a whole. Tour operators reserve the right to alter or adjust excursions to meet local conditions for participant safety and convenience. Neither Carnival nor local tour operators will extend financial reimbursement to compensate for a guest’s disappointment in the event that circumstances beyond the reasonable control of Carnival or the tour operator make it impossible to provide services as intended.

Helicopter Weight Policy

The Federal Aviation Administration requires guests’ weights and names for weight and balance calculations as well as flight manifesting. Any guest whose weight is 250 pounds or more will be required to purchase a seat and a half. You must purchase the specific helicopter excursion for guests over 250 pounds or you will be refused service. Once onboard you may see the Shore Excursion Manager for assistance.

Pricing

Prices for shore excursions are quoted per person, in U.S. dollars and are subject to change without notice. Prices also vary by departure date and time and are capacity controlled. Some restrictions may apply. Most prices include transportation and when noted, meals, refreshments, guides and entrance fees. On snorkeling, scuba and golf excursions, only the equipment specified is included in the price. Some fishing excursions, particularly in Alaska, require the purchase of a fishing license, unless otherwise noted. Please see Fishing Policies.

Children three years old or less, who do not occupy a seat, will not be charged and do not require a ticket unless noted in the shore excursion description. Children between the ages of 4 to 12 years and teens between the ages of 13 to 18 years will be charged full adult price or special child/teen prices, when applicable and noted. Guests under 18 years of age must be accompanied by an adult to participate in shore excursions. Some excursions require a minimum age to participate and will be noted accordingly.

Fishing Policies

Alaska State law requires a valid one-day fishing license, which may be purchased from your excursion boat captain. In addition, during King Salmon season, you are also required to purchase a King Salmon license. Children 12 and under are required to wear life jackets at all times while onboard the fishing boat. Children must weigh 40 pounds or more to fit the life jacket and participate in the fishing excursion.

Personal Possessions

Neither Carnival, nor the Tour Operators will be responsible for personal possessions abandoned or neglected. Do not leave your possessions unattended at any time, either in the vehicles in which you are traveling or otherwise. Remember coats, umbrellas, cameras, handbags, wallets, traveling bags, binoculars, and similar items remain, at all times throughout the shore excursion, under the guest’s custody and control.

Transportation

Guests should consider that standards of transportation vary considerably throughout the world. Air-conditioned motorcoaches are not available in many areas. In some destinations, local buses are the best available. Guests wishing to travel with friends should all leave the ship together, as this will help the shore excursion staff allocate sufficient space in the same vehicle.

Please note that motorcoaches and other forms of transportation may require guests to climb 2 to 3 steps. Most, but not all motorcoaches, can accommodate collapsible wheelchairs. Staff is not obligated to lift guests into or out of vehicles. Tendering may prevent guests in wheelchairs from going ashore at certain ports of call. For further information about specific excursions’ transportation accessibility, please look for the accessibility advisories online, represented by a blue wheelchair icon or see the Shore Excursion Manager onboard.

Required Documentation & Identification

Please note that travel documentation requirements vary by destination and change often. It is the responsibility of the guest to provide valid travel and medical history documents required for air travel, debarkation at various ports of call and re-entry into the appropriate country of origin.

Your Sail & Sign Card will serve as your identification card when you re-board the ship in a port of call. Remember to take it with you whenever you go ashore. You will be required to show it to a Carnival security officer in order to re-board the ship.

OTHER

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by all parties.

Effective Date: [December 3, 2012]. © 2012 Carnival Corporation.
INTERNATIONAL CRUISE LINE PASSENGER BILL OF RIGHT

The Members of the Cruise Lines International Association are dedicated to the comfort and care of all passengers on oceangoing cruises throughout the world.  To fulfill this commitment, our Members have agreed to adopt the following set of passenger rights:

 


1. The right to disembark a docked ship if essential provisions such as food, water, restroom facilities and access to medical care cannot adequately be provided onboard, subject only to the Master’s concern for passenger safety and security and customs and immigration requirements of the port.

 


2. The right to a full refund for a trip that is canceled due to mechanical failures, or a partial refund for voyages that are terminated early due to those failures.

 


3. The right to have available on board ships operating beyond rivers or coastal waters full-time, professional emergency medical attention, as needed until shore side medical care becomes available.

 


4. The right to timely information updates as to any adjustments in the itinerary of the ship in the event of a mechanical failure or emergency, as well as timely updates of the status of efforts to address mechanical failures.

 


5. The right to a ship crew that is properly trained in emergency and evacuation procedures.

 


6. The right to an emergency power source in the case of a main generator failure.

 


7. The right to transportation to the ship’s scheduled port of disembarkation or the passenger’s home city in the event a cruise is terminated early due to mechanical failures.

 


8. The right to lodging if disembarkation and an overnight stay in an unscheduled port are required when a cruise is terminated early due to mechanical failures.

 


9. The right to have included on each cruise line’s website a toll-free phone line that can be used for questions or information concerning any aspect of shipboard operations.

 


10. The right to have this Cruise Line Passenger Bill of Rights published on each line’s website.

COPYRIGHT & TRADEMARKS

Carnival Cruise Line © 2006 - 2016 Carnival Corporation All Rights Reserved

The Carnival name is one of the most widely recognized in the cruise industry, and the trademarks developed by Carnival Cruise Line (“Carnival”) identify the Carnival product and differentiate Carnival’s services from those of its competitors.



"Carnival," "Carnival Cruise Lines," "Carnival Cruise & Design," "Carnival's Got the Fun!" "Camp Carnival & Design," the Winged Ship Funnel Designs, "the Fun Ships," “Fun Ship,” "The Most Popular Cruise Line in the World," “World’s Most Popular Cruise Line,” "Currents," "Club Carnival," "Fly Aweigh," "FunPass," "Carnival Capers," "Carnival Players Club and design," "The Carnival Vacation Store," "Carnival Vacation Guarantee," "Carnival Cruise Vacation Protection Plan," “Fun Vision," "The Players Quarterly," "Sail & Sign," the Carnival Cruise Line ship names, Carnival shipboard and shoreside program and amenity names and other trademarks, slogans, logos and imagery used in the advertising and promotional material published by Carnival and in Carnival’s web sites are, whether or not registered, owned by Carnival.



Carnival considers its compilation of links to Internet resources, the description of those resources and the information contained within Carnival's web sites to be copyright-protected material. You are not authorized to copy, reproduce or modify any portion of Carnival's web sites without prior written authorization.



The name of Carnival and its trademarks, service marks, trade names, patents, copyright-protected material and imagery may not be used without prior, specific, written permission from Carnival, except by those travel agents who advertise, market and book Carnival cruises in conformity with their Travel Agent Agreement with Carnival. For all other purposes, whether commercial or personal, the transmission, use, copying or modification of the Images, in whole or in part, in any form or by any means, whether electronic, mechanical, by photocopy or recording, is strictly prohibited without the prior written consent or licensure of Carnival. Unauthorized use of the Imagery and the information contained herein may constitute a violation of applicable intellectual property, criminal, civil or privacy laws. In no event may a Carnival trademark be combined with or appear as a trademark or logo next to any other business name, word(s) or logo(s) without express written authorization from Carnival.



GOVERNING LAW AND JURISDICTION

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.


NO WARRANTY

THE MATERIALS IN THIS SITE ARE PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES OF ANY KIND AS TO THEIR ACCURACY EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CARNIVAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARNIVAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CARNIVAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

If you have reason to believe that any person, company or business has violated Carnival's trademark rights or infringed Carnival's copyright-protected material, please notify via email at webmaster@carnival.com.

Effective Date: [December 3, 2012]. © 2012 Carnival Corporation.



CRUISE CANCELLATION AND ITINERARY CHANGE POLICY



CHANGE OF ITINERARY POLICY:

It is important to read this and become acquainted with the specific conditions and limitations of your Contract including time limitations and the proper venue in which to file suit. Please refer to the terms and conditions of your contract and in particular paragraph 10.

Carnival reserves the right to cancel or substitute any scheduled port of call at any time and for any reason whatsoever without prior notice and shall not be liable for any loss to guests by reason of such cancellation or substitution.



CRUISE CANCELLATION AND ITINERARY CHANGE POLICY CRUISE CANCELLATION:

If a cruise is cancelled, guests will be given the option to receive either a refund or a future cruise credit.



ITINERARY CHANGE PRIOR TO DEPARTURE:

If Carnival has adequate notice prior to sailing that a vessel will deviate from the published itinerary it will promptly – upon making the itinerary change -- notify guests of the change through their travel agents or directly, in the case of a direct guest booking.



If the Itinerary Change is 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. A major change of the itinerary would be considered to be a Significant Alteration.



Due to the nature of a cruise vacation, itinerary changes sometimes become necessary for safety, weather or other reasons beyond the control of Carnival. If the itinerary change is for reasons beyond Carnival's exclusive control, including but not limited to safety, security, weather, strikes, tides, hostilities, civil unrest, port closings, emergency debarkations of guests or crew, late air, sea, car or motor coach departures or arrivals, mechanical breakdowns or problems not known to Carnival, itinerary changes consistent with U.S. State Department travel warnings / advisories or other applicable US or foreign governmental advisories, guests will not be provided any compensation.



ITINERARY CHANGE AFTER DEPARTURE:

In the event an itinerary change becomes necessary while the ship is at sea or when notice prior to sailing is not feasible, Carnival and/or the Master will attempt to substitute an alternative port. Carnival and/or the Master may, in their discretion and for any purpose, deviate in any direction or for any purpose from the direct or usual course, and omit or change any or all ports of calls, arrival or departure times, with or without notice, for any reason whatsoever, all such deviations being considered as forming part of and included in the proposed voyage. Carnival shall have no liability for any refund or other damages in such circumstances.

However, in the unlikely event of Carnival being unable to provide a significant proportion of the Itinerary 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 itinerary due to an event of Force Majeure or is not at fault.



REFUND OF GOVERNMENT FEES AND TAXES:

If a port is cancelled from the scheduled itinerary, a refund of the government fees and taxes for the cancelled port will be offered via a shipboard credit.



THIRD PARTY COSTS RESULTING FROM CRUISE CANCELLATIONS OR ITINERARY CHANGES:

Carnival shall not be liable to guests for any charges, fees or expenses paid or owed to third parties by guests (such as air travel booked by a guest directly with an airline) in connection with a cancelled cruise or an itinerary change for any reason.



CARNIVAL'S SMS MESSAGE AND ALERT SERVICE AGREEMENT


Your use of Carnival’s text message and alert service (the “Service”) is governed by this SMS Message and Alert Service Agreement (“Agreement”) which incorporates the terms of the cruise ticket contract as if restated herein. You must be at least 18 years old to use the Service, and if you are under18, your parent or legal guardian must have read and agreed to the below terms before subscribing.


Please read the terms and conditions contained in this Agreement carefully. Your use and continued access of the Service will constitute your ongoing agreement to this Agreement with its changes and revisions. For purposes of this Agreement "you" shall mean the owner or authorized user of the mobile device whose telephone number is submitted to subscribe to the Service. You further represent that you are authorized to accept these terms and conditions. If you cannot accept this Agreement, do not use the Service. This Agreement may be modified at any time without any prior notice. It is your responsibility to regularly check the site to determine if there have been changes to this User Agreement and to review such changes. Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice, in addition to Carnival's other remedies.


1.     The Service

                   i.            Subscription to the Service:

The Service includes sending subscribers text messages (SMS) about sailing alerts or payment reminders/cancellations or both.  Text messages may be auto-dialed or prerecorded.  Payment reminder/cancellation texts will be limited to 5 texts before the commencement of your voyage.  The number of sailing alerts will depend on the voyage booked but will not exceed ten (10) per voyage.


To participate in this Service, simply check the box confirming acceptance to the Service in the Online Check-in system and provide your mobile telephone number.  You can also subscribe with our contact center over the phone. By subscribing to the Service, you represent and warrant that you are the registered owner or authorized user of the mobile phone or wireless device (“Device”) whose telephone number is submitted. You agree and represent that the Device phone number registered for the Service is  accurate and up-to-date. If your number  changes, you must immediately update it.


For additional information regarding use of personal information you supply or communicate to Carnival or the Service, please see our Privacy Policy, at http://www.carnival.com/privacy-policy.


                 ii.            Functionality; Security; Mobile Use Precautions


This Service is offered on an “as is” and “as available” basis without warranties of any kind, except as otherwise expressly stated. Text messaging service may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier’s network and text messaging platform, and restrictions set by your carrier to your account. Carnival or its text messaging provider does not guarantee message delivery, timeliness, or that messaging Services, will be available at all times. Carnival is not responsible for messages that are lost or misdirected.  Carnival will send you a confirmation text when you have opt in or out to receive text messages.


If you have reason to believe that access to your Device is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Device used to access the Service), you must promptly change your contact information in Carnival’s online check-in system.


You are solely responsible for keeping the Service updated with your current phone number. Blocking messages will disable the ability to send or receive text messages. Carnival shall not be liable for information sent to a Device that is associated with your outdated mobile phone number. If you install any software or enable any service that stores information from the Service on any Device or computer, it is your responsibility, prior to transfer of such Device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.


              iii.            Third Party Charges and Mobile Alerts


A mobile phone or wireless device is required to use the Service. The messaging Service is not available on all rates plans. Your carrier may charge you for each text message sent and received. Higher rates may apply to messages received when travelling internationally. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Service. Under no circumstances will Carnival, its selected third party service provider, any of its agents or respective corporate affiliates be responsible or liable for any text messaging or wireless service charges incurred by you or a person that had access to your mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with your participating carrier.


              iv.            How to Cancel the Service:


You may cancel this Service at any time by texting the keyword “STOP” to 278473. The STOP request includes your agreement that Carnival or its third party service provider may send to your Device a single confirmation message within 24 hours of receipt of your STOP message.


              v.            Use of the Service


The Service is intended for your personal, noncommercial use only. You are solely responsible for maintaining confidentiality of your contact information and information received on your Device, and for failure to do so. You are solely responsible for all use of the Service by you and anyone you allow access to the Service on your Device.


2.     Third Party Service Providers


Carnival reserves the right to hire a third party for the purpose of providing its Service. You acknowledge that all third party Service providers are independent contractors, and that Carnival neither supervises nor controls their actions, nor makes any representation either express or implied as to their suitability. You agree that Carnival assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Guest and/or Guest’s property or effects in connection with the Service.  Consent to receive messages from Carnival includes consent to receive messages transmitted for Carnival by a third party. 


3.     Intellectual Property


The Service contains material that is owned by Carnival and protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service.


You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.


4.     Indemnification


You agree to indemnify Carnival and its affiliates, employees, agents, representatives and third party Service Providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your conduct, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.


5.     Disclaimer Of Warranty And Limitation Of Liability


You acknowledge that you are using the service at your own risk. The Service is provided “as is,” and Carnival, its affiliates and its third party Service providers:

   

•     expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability,   
      non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic 
      form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Service.

  

•     do not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted
      information, or that no viruses will be transmitted on the Service.

•     undertake no responsibility for damages caused by the inclusion of erroneous, incomplete or outdated information in itineraries. 

shall not be liable to your or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this agreement, including but not limited to: the providing of services hereunder, the delivery or non-delivery of information, your access to  or inability to access the Service, including for viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

You hereby agree to release Carnival, its affiliates and third-party service providers and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Service.


6.     Termination Or Suspension Of Access To The Service


Carnival has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.


7.     General.


This Agreement is governed by the laws of the state of Florida without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Miami-Dade County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein.  Any delay or failure to enforce any term by Carnival shall not be deemed a waiver.  Any cause of action must be brought within ONE YEAR of the date the claim arises.