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Booking Conditions
193
P&O Cruises is not liable in respect of the loss and/or damage to any valuables unless these have
been deposited with the ship. Using the cabin safe is not a deposit with the ship. Where
deposited with the ship and unless a higher figure is agreed in writing, P&O Cruises liability
pursuant to the Athens Convention 1974 and 2014 Regulations will be limited to 1,200 SDRs
(£1,107) or where EU Regulation 392/2009 and/or the Athens Convention 2002 apply, 3,375
SDRs (£3,113). In the event of death and/or personal injury then the limits applicable under the
Athens Convention 1974 and 2014 Regulations are 46,666 SDRs (£43,048) or 300,000 SDRs
(£276,741) where the Performing Carrier’s principal place of business is in the UK. In accordance
with EU Regulation 392/2009 and the Athens Convention 2002 the Passenger has a right to
compensation for death or personal injury up to 250,000 SDRs (£230,617) per incident from the
carrier in respect of a shipwreck, capsizing, collision or stranding of the ship, explosion or fire in
the ship, or defect in the ship (“Shipping Incident”) save where the Shipping Incident resulted
from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional,
inevitable and irresistible character; or was wholly caused by an act or omission done with the
intent to cause the incident by a third party. Compensation for a Shipping Incident can increase
by a further 150,000 SDRs to a total figure of 400,000 SDRs (£368,998) per Passenger, per
incident unless the carrier proves that the incident which caused the loss occurred without its
fault or neglect. In the event of a non-shipping incident the Passenger must prove that the
incident which caused the damage was the result of the carrier’s fault or neglect. In those
circumstances the maximum amount payable will be 400,000 SDRs. In any case involving war or
terrorism the maximum payable is 250,000 SDRs per passenger or 340 million SDRs per ship per
incident. A summary of EU 392/2009 may be viewed at
/
passengers/maritime/doc/rights-in-case-of-accident.pdf
57.
Any damages payable by P&O Cruises up to EU 392/2009, the Athens Convention 2002 and/
or 2014 Regulations limits shall be reduced in proportion to any contributory negligence by the
Passenger and by the maximum deductible specified in Article 8 (4) of the Athens Convention 1974.
58.
Insofar as P&O Cruises may be liable to a Passenger in respect of claims arising out of
carriage by air or carriage by sea, P&O Cruises shall be entitled to all the rights, defences,
immunities and limitations available, respectively, to the actual air carrier (including his own
terms and conditions of carriage) and under the Athens Convention, and nothing in these
Conditions shall be deemed a surrender thereof. To the extent that any provision in these
Conditions is made null and void by the Warsaw Convention, the Montreal Convention or the
Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable,
it shall be void to that extent but no further.
59.
Insofar as the Cruise may be performed on a ship not owned by P&O Cruises, it is agreed
that P&O Cruises shall at all times nevertheless be deemed a ship owner for the purposes of
the Convention 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 from time to time,
and so entitled to limit liability thereunder.
60.
Except for claims arising out of carriage by air (as provided by clause 55), any liability in
respect of death and personal injury and loss of and damage to luggage which P&O Cruises
may incur to the Passenger during sea carriage, whether under the Contract in accordance with
these Conditions or otherwise, shall always be subject to the limits of liability contained in the
Athens Convention 2002, EU Regulation 392/2009 or the 2014 Regulations.
61.
In respect of any claims for loss of or damage to property including luggage which are not
covered by international conventions including the Athens Convention 2002, EU Regulation
392/2009, the 2014 Regulations and/or the Montreal Convention and where liability is not limited
by reference to any enactment, terms or conditions then any legal liability that P&O Cruises may
have for any such losses will be limited to £500.00 per Passenger. P&O Cruises shall not be liable
for lost valuables including jewellery and/or monies under any circumstances. Passengers must
ensure that their personal possessions and valuables are with them at all times.
62.
Hotels and shuttle services included in the Package or purchased at any other time are
arranged by P&O Cruises 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. P&O Cruises will
at all times endeavour to appoint reputable and competent local Suppliers. The terms and
conditions of the hotels and shuttle services will be applicable and are expressly incorporated
into the Contract (or any other contract between P&O Cruises and the Passenger in respect
of shuttle services). These may limit or exclude liability of the hotelier or the shuttle services
operators. The liability of P&O Cruises 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
Package services. In the event of a complaint by a Passenger, the Contract (or any other contract
between P&O Cruises and the Passenger in respect of shuttle services) will be regarded as having
been performed if local standards relating to those services have been satisfied even if the laws
of England and Wales have not been met. P&O Cruises is not responsible for any improper or
non-performance of such services which are wholly attributable to the fault of the Passenger;
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 P&O Cruises 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 P&O Cruises and/or the relevant Supplier could not even with
all due care have foreseen or forestalled.
63.
P&O Cruises does not include any shore excursions in the price. Shore excursions do not
form any part of a Package. Shore excursions may be reserved after a Package has been booked
from a separate shore excursions brochure or online. Reservations may be made for a specified
period prior to the Cruise commencing. Purchases may also be made on board the ship.
64.
Any shore excursions booked will be supplied by local operators. P&O Cruises will at all times
endeavour to appoint reputable and competent local operators who apply the local laws and
regulations of the relevant country. Shore excursion operators are not P&O Cruises servants,
agents or suppliers. P&O Cruises is not responsible for any acts or omissions which are wholly
attributable to the fault of the local operators. P&O Cruises does not operate, perform or
otherwise organise and/or audit any shore excursions. All Passengers must ensure that they are
fit and healthy to undertake shore excursions. All shore excursions are governed by the terms
and conditions in the shore excursions brochure.
65.
All employees, agents, contractors and their sub-contractors (including Suppliers as defined in
clause 1), as well as all insurers of both P&O Cruises and its Suppliers shall have the benefit of the
same rights, defences, immunities and limitations available to P&O Cruises under these Conditions.
ACTIONS, CLAIMS AND TIME LIMITS
66.
Any action by a Passenger arising out of carriage by air or sea must be commenced within
the time limit prescribed by the Warsaw Convention, the Montreal Convention or the Athens
Convention 2002 or EU Regulation 392/2009 or the 2014 Regulations, as applicable.
67.
If a court or tribunal applies any law other than English law, P&O Cruises 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.
68.
Some disputes involving claims to a limited amount may, if the Passenger so wishes, be
referred to arbitration under a scheme arranged by ABTA and administered independently by
CEDR Solve. An application for arbitration must be made within nine months of disembarkation
from the ship. Details of the scheme are available on request.
FINANCIAL PROTECTION
69.
P&O Cruises provides full financial protection for all Packages. For flight-based Packages
this is through P&O Cruises Air Travel Organiser’s Licence number 6294. In the unlikely event
of P&O Cruises insolvency, the CAA will ensure that Passengers booked on flight-based Packages
are not stranded abroad and will arrange to refund any money the Passenger has paid to
P&O Cruises for an advance booking. For further information visit the ATOL website at
. When a Passenger buys an ATOL protected flight or flight inclusive holiday from
P&O Cruises they will receive an ATOL Certificate. This lists the flight, accommodation, car hire
and/or other services that are financially protected, where the Passenger can get information on
what this means for them and who to contact if things go wrong. P&O Cruises or the suppliers
identified on the ATOL Certificate will provide the Passenger with the services listed on the
ATOL Certificate (or a suitable alternative). In some cases, where neither P&O Cruises or the
suppliers are able to do so for reasons of insolvency, an alternative ATOL holder may provide
the Passenger with the services it has bought or a suitable alternative (at no extra cost to the
Passenger). The Passenger agrees to accept that in those circumstances the alternative ATOL
holder will perform those obligations and agrees to pay any money outstanding to be paid by
the Passenger under the Contract to that alternative ATOL holder. However, the Passenger also
agrees that in some cases it may not be possible to appoint an alternative ATOL holder, in which
case the Passenger will be entitled to make a claim under the ATOL scheme (or its credit card
issuer where applicable). If P&O Cruises, or the suppliers identified on the 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) the Passenger under the ATOL scheme. The Passenger agrees that
in return for such a payment or benefit the Passenger assigns absolutely to those Trustees any
claims which the Passenger has or may have arising out of or relating to the non-provision of the
services, including any claim against P&O Cruises, the Passenger’s travel agent (or the Passenger’s
credit card issuer where applicable). The Passenger also agrees that any such claims may be
re-assigned to another body, if that other body has paid sums the Passenger has claimed under
the ATOL scheme.
70.
Not all Packages offered and sold by P&O Cruises will be protected by the ATOL scheme.
All non-fly Packages sold by P&O Cruises in the UK are protected under the ABTA scheme of
financial protection. In the unlikely event of P&O Cruises insolvency, ABTA will ensure that
Passengers booked on non-fly Packages are not stranded abroad and will arrange to refund
any money paid to P&O Cruises for an advance booking. Cruises sold overseas may be covered
by consumer protection schemes in place in the country of sale or by the protection scheme
operated by ABTA, and Passengers should contact P&O Cruises for confirmation of what
protection may apply to their booking.
DATA PROTECTION
71.
In clauses 71 to 73, “you” means the Passenger. In order to process your booking and to ensure
that your travel arrangements run smoothly and meet your requirements, P&O Cruises needs
to use the personal information you provide such as name, address, any special needs, health,
medical, mobility or dietary requirements, etc. P&O Cruises may pass personal information on
to other relevant suppliers of your travel arrangements such as travel agents, airlines, hotels, and
transport companies. Your personal information may also be provided to security and/or credit
checking companies, credit and debit card companies, government and enforcement agencies,
public authorities such as customs and immigration if required by them, or as required by law.
P&O Cruises may also use your personal information for the purposes of carrying out security
checks. Your personal information may be shared with the police or other law enforcement
or crime prevention agencies for security purposes. This may involve sending your personal
information between different countries, including countries outside the European Economic
Area (EEA) where controls on data protection may not be as strong as the legal requirements in
this country. This may also apply to any sensitive information that you give to us such as details
of any disabilities or dietary/religious requirements. If P&O Cruises cannot pass your personal
information on to the relevant suppliers, whether in the EEA or not, P&O Cruises cannot properly
affect your booking. For the safety and security of the ship and its Passengers, and to detect and
prevent criminal activity, P&O Cruises may operate closed circuit television (CCTV) cameras in
certain areas on board the ship during your Cruise and thermal imaging cameras at the point of
access to or from the ship. Thermal imaging cameras can be used to identify items concealed
beneath clothing (including medical equipment) that are not otherwise visible to the naked
eye. Please be aware, however, that P&O Cruises does not undertake to operate all cameras or
monitor or record CCTV images at all times. CCTV and thermal imaging camera footage may
be retained and passed to the police or other law enforcement or crime prevention agencies
(in any jurisdiction) in order to detect or prevent criminal activity or to assist in the apprehension
and prosecution of offenders. Please be aware that there are photographers and camera crew
on board the ship taking photographs and making films for passengers 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 and we are unable
to guarantee that you will not be included on an incidental basis. Please be aware that calls
made to P&O Cruises, and calls received from P&O Cruises, may be recorded for the purposes of
audit, training and the monitoring of services provided by P&O Cruises.
72.
The personal information you provide to P&O Cruises, or which is obtained through your
dealings with P&O Cruises or other Carnival group cruise brands, will also be used by Carnival plc
and Carnival Corporation group companies or by processors on their behalf: to review your
dealings with Carnival plc and Carnival Corporation brands including your purchasing and
entertainment preferences; to review, develop and improve the cruises and services Carnival
offers; for market research purposes and for statistical analysis. This may involve transferring your
personal information to Carnival Corporation group companies in the US.
73.
P&O Cruises is a Carnival plc brand. Carnival plc and Carnival Corporation group companies
(including those in the US) may wish to contact you by post, email and/or telephone with news,
information and offers from P&O Cruises and other Carnival group cruise brands (such as Cunard
Line, Princess Cruises, Seabourn Cruise Line, Holland America Line, Carnival Cruise Lines and Costa
Cruises). If you have booked and you would like to alter your marketing preferences you can
now do so via the Cruise Personaliser system on the P&O Cruises website. Alternatively, you can
write to us at Customer Data Department, P&O Cruises, Carnival House, 100 Harbour Parade,
Southampton SO15 1ST. If you wish to obtain a copy of the personal information held about you,
please write to the above address. Carnival plc may make a charge for supplying this information
as permitted by law.
