190 P&O CRUISES 2016
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DEFINITIONS
1.
In these Conditions and unless the context requires otherwise:
“the Contract”
means the
contract made between P&O Cruises and the Passenger relating to the Package;
“Cruise”
means the cruise on board the ship as described in the relevant P&O Cruises brochure or other
documentation published by or on behalf of P&O Cruises;
“Disability”
includes a condition that
results in a person’s mobility, when using transport, being reduced as a result of any physical
disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability
or impairment, or any other cause of disability, or as a result of age, and which results in that
person’s situation needing appropriate attention and adaption to his particular needs in respect
of the services made available by P&O Cruises to all passengers;
“force majeure”
means
unusual and unforeseeable circumstances beyond the control of P&O Cruises which mean that
P&O Cruises cannot, as a result, provide the Package, or part thereof, including any part of the
itinerary, and includes (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;
“Early Saver”
means an Early Saver price, as described in the
P&O Cruises brochure or website;
“itinerary”
means the proposed itinerary as described
in the relevant P&O Cruises brochure or other documentation published by or on behalf of
P&O Cruises;
“Package”
means the Cruise and any flights to and from the UK and any
pre-cruise and/or post-cruise package which is sold at the same time as the Cruise, but not shore
excursions or shuttle services;
“the Passenger”
means each and every person named in the
booking and/or a P&O Cruises ticket;
“P&O Cruises”
means Carnival plc trading as P&O Cruises;
“P&O Cruises Select Price”
means the P&O Cruises Select Price, as described in the
P&O Cruises brochure or website;
“the price”
means the price for the Package as detailed in
the confirmation invoice issued by P&O Cruises (excluding shore excursions and any additional
charges shown as such in the relevant P&O Cruises brochure or otherwise advertised) and
payable by the Passenger under the Contract whether under the P&O Cruises Select Price, an
Early Saver or a Saver;
“Saver”
means a Saver price, as described in the P&O Cruises brochure
or website;
“shore excursion”
means any excursion offered for sale by P&O Cruises for which
a separate charge is payable at the time outside the price whether reserved in the UK prior to
the commencement of the Package or purchased on board the ship;
“shuttle service”
means
any transportation service (ferry, bus, coach or minibus) provided by a third party which may
(without guarantee) be available to P&O Cruises passengers in certain ports;
“a significant
alteration”
means major changes to your Package;
“Supplier(s)”
means any company or
individual contracted by P&O Cruises to provide any service forming part of the Package.
THE CONTRACT
2.
The Contract shall be between P&O Cruises and the Passenger on the basis of these
Conditions and the information contained in the P&O Cruises brochure or website, and shall be
governed by English law and the non-exclusive jurisdiction of the English courts.
3.
By making a booking, the Passenger confirms that all persons named in the booking including
minors and persons under disability (and their personal representatives) have agreed to be
bound by these Conditions and all other terms of the Contract, and that he/she has their
authority to do so on their behalf.
4.
All Packages are subject to availability at the time of booking. No Contract shall be made
until the deposit (or, where appropriate, the full price) has been paid, whether or not a booking
confirmation has been issued, but all money paid to a travel agent shall be treated as having
been paid to P&O Cruises. Failure to pay the balance by the due date shall entitle P&O Cruises
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 P&O Cruises to cancel the booking and to retain an
amount by way of a cancellation charge as set out in clause 38.
5.
A Passenger shall 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 results in a Passenger
becoming the sole occupant of a cabin with two or more berths, he/she shall be liable to pay
the single person supplement. If a cancellation reduces the number of Passengers originally
booked in a cabin together, the remaining Passengers shall each be liable to pay any increase in
the price arising as a result of such reduction. In the event that all Passengers who are booked in
a cabin permanently disembark the ship before the end of the Cruise, then the cabin will revert
to P&O Cruises inventory.
6.
For Packages including any flights to or from the UK (and if not already confirmed at the
time of booking), P&O Cruises will issue an ATOL confirmation invoice giving the details of the
flight arrangements (including UK and destination airports) within a reasonable time after such
arrangements are known.
7.
Shore excursions are available for separate purchase prior to travel or on board and are
arranged by P&O Cruises with local operators. They do not form part of the Contract and are
not performed by P&O Cruises.
8.
A booking may only be made by a person aged 18 or over. All Passengers who, at the time
of departure, will be under 18 years old must be accompanied by a Passenger aged 18 or over
who will at all times during the Package be responsible for their welfare, conduct and behaviour.
Passengers under 16 years old are not permitted to travel in a cabin without an accompanying
Passenger who is 16 years old or over. Passengers under 16 years old are not permitted to
disembark the ship in any port without a Passenger who is accompanying them on the Package
in accordance with this clause.
9.
Children aged 6 months or less at the commencement of the Package will be refused
permission to board the ship and P&O Cruises shall have no liability whatsoever for any
consequences of such refusal. Certain Packages also have prohibitions on children aged 12
months or less. Passengers should check with P&O Cruises before booking.
10.
Passengers are responsible for ensuring that they arrive in plenty of time for check in for
flights to/from the ship including any interconnecting flights. Passengers are responsible for
checking with regard to any delay/cancellation of flights. Passengers must ensure that they
have a valid passport and any other necessary travel documents (such as visas) for their Package
and should read the relevant section of the P&O Cruises brochure or website before booking.
P&O Cruises is not responsible for obtaining visas for any Passenger; this is the responsibility of
the individual Passenger.
11.
P&O Cruises may incur a fine if the Passenger fails to comply with all relevant visa or
documentation requirements for their Package. P&O Cruises will re-charge any such fines
to the Passenger.
AMENDMENTS TO THE CONTRACT
12.
In clauses 12 and 13, “another person” means another person who satisfies all conditions
applicable to the Package. In the case of Passengers booked under the P&O Cruises Select Price
or an Early Saver, a Package may be transferred to another person provided that the Passenger
consults with P&O Cruises prior to purporting to transfer the Package (so that, for example,
P&O Cruises may require that the Package is transferred to someone on its wait list) and
P&O Cruises receives the transfer request more than 90 days before the scheduled departure
date. Between 90 and 14 days (inclusive) before the scheduled departure date and subject to
the conditions above, P&O Cruises will normally agree to such a transfer only where the original
Passenger will be prevented from travelling by reason of an unavoidable event (such as illness,
death of a close relative or jury service). P&O Cruises may require satisfactory evidence before
agreeing to the transfer. In the case of Passengers booked under a Saver, a Package may be
transferred to another person between the date of booking and 14 days (inclusive) before
the scheduled departure date where the original Passenger will be prevented from travelling
by reason of an unavoidable event (such as illness, death of a close relative or jury service)
and provided that the Passenger consults with P&O Cruises prior to purporting to transfer
the Package (so that, for example, P&O Cruises may require that the Package is transferred to
someone on its wait list). P&O Cruises may require satisfactory evidence before agreeing to the
transfer. All transfers of a Package to another person at any time up to 14 days or more before
the scheduled departure date will be subject to an administration charge of £20.
13.
Any request for a transfer of a Package to another person which is received by P&O Cruises
13 days or less before the scheduled departure date shall be treated as a cancellation by the
Passenger of the Contract and a cancellation charge under clause 38 shall become payable.
14.
Any transfer of a Package including any flights will also be subject to any charges imposed
by the airline. Passengers should note that airlines may not allow transfers on scheduled flights
and that a flight booking may have to be cancelled and rebooked, in which event the re-booking
will always be subject to flight availability and to payment of any charges imposed by the airline
which may, in some cases, be the full cost of the ticket.
15.
If a Passenger wishes to transfer to another Package, this will generally be treated as a
cancellation under clause 38. P&O Cruises, at its discretion, may allow the transfer without treating
it as a cancellation if the P&O Cruises holiday to which the transfer is to be made departs within
12 months (within 6 months in the case of transfer from a World Cruise, Australasian journey or Exotic
Fly-cruise) of the original and is for a higher price. Agreement to transfer a Package would also
be conditional upon such a request being made more than 90 days before the original scheduled
departure date; there being availability; and to payment of both an administration charge of £100
and any expenses (such as airline and/or hotel charges) incurred by P&O Cruises as a result. Such a
transfer would only be allowed on one occasion. The criteria for allowing transfers may be changed
by P&O Cruises at any time without notice. Passengers who have booked a Saver shall not be
entitled to transfer to another Package and the provisions of this clause 15 shall not apply.
16.
All transfers to another Package pursuant to clause 15 will be treated as a new booking.
Any discount or promotion applicable to the original booking may not apply to the new booking,
in which case the Passenger shall be required to pay any difference in price.
17.
After a Package has been booked, P&O Cruises will try to accommodate any request for a
change (such as a change of cabin), but such changes are always at P&O Cruises discretion and
are subject to an administration charge of £20. Passengers who have booked a Saver shall not be
entitled to make changes to their Package and the provisions of this clause 17 shall not apply.
FITNESS TO TRAVEL AND PASSENGERS WITH DISABILITIES AND/OR
REDUCED MOBILITY
18
. In order to ensure that P&O Cruises is able to carry Passengers safely and in accordance
with applicable safety requirements established by international, EU or national law or in order
to meet safety requirements established by competent authorities including the ship’s flag state,
the Passenger making the booking represents that all Passengers in the booking are fit to travel.
19.
At the time of booking every Passenger is obliged to inform P&O Cruises of any condition,
including but not limited to reduced mobility or any Disability, which may require special
arrangements, medical equipment/supplies, care or assistance. This is to ensure that the
Passenger can be carried safely and in accordance with all applicable safety requirements.
If the Passenger cannot be carried safely and in accordance with applicable safety requirements
then P&O Cruises can refuse to accept a booking or to subsequently embark that Passenger on
the grounds of safety. Such a refusal will be based on an assessment of risk by P&O Cruises to
take into account the provisions of national law and other applicable legislation and international
regulations 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 Passenger at the time of booking. If a
Passenger’s circumstances change between the date of booking the Package and the date of
commencement of the Package, which may make the carriage of that Passenger unsafe, the
Passenger is obliged to inform P&O Cruises as soon as possible and to advise P&O Cruises of any
requirements for special arrangements, medical equipment/supplies, care or assistance.
20.
P&O Cruises reserves the right to require any Passenger to produce medical evidence of
fitness to travel on the Package in order to assess whether that Passenger can be carried safely in
accordance with applicable international, EU or national law. Where P&O Cruises considers that it
is strictly necessary P&O Cruises may require a Passenger with reduced mobility or any Disability
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 Passenger with reduced mobility or any
Disability. This requirement will be based entirely on safety grounds and may vary from ship to
ship and/or itinerary to itinerary. Examples of Passengers who may fall into this category include
Passengers who use wheelchairs or mobility scooters (the term ‘wheelchair’ shall hereinafter
be used to refer to wheelchairs and mobility scooters collectively) or who require assistance
with personal care. The assessment of whether or not it is strictly necessary for a Passenger
to be accompanied will be based on information provided at the time of booking. Passengers
are requested to provide as much information as possible to enable a full risk assessment to be
made. Passengers may be asked to provide further information to ensure that P&O Cruises has
all relevant information.
21.
In order to ensure that P&O Cruises can provide the necessary assistance and there are no
issues relating to the design of the ship or port infrastructure and equipment, including port
terminals, which may make it impossible to carry out the embarkation, disembarkation or
carriage of the Passenger in a safe or operationally feasible manner, Passengers who may require
special treatment or assistance or with reduced mobility or Disabilities (including Passengers
who use wheelchairs) must advise P&O Cruises at the time of booking. Passengers who use
wheelchairs must furnish their own standard size wheelchairs. Ships’ wheelchairs are available for
These are the terms and conditions which will apply to your
holiday. Please read them carefully as you will be bound by them.
Booking conditions
