1. Subject to 16.3 to 16.8 the Company accepts responsibility for death, injury or illness caused by the negligent acts and or omissions of it and anyone who supplies services, which form part of the Package. The Company limits its liability, where applicable, by the conventions mentioned in 16.4 to 16.8 inclusive. The liability of the Company toward the Passenger is governed also by the International Conventions mentioned hereunder (see cl. 16.4 to 16.8) which provide limitations of liability of the Carrier. The Company is not responsible for any improper or non-performance which is:
a) wholly attributable to the fault of the Passenger.
b) the unforeseeable or unavoidable act or omission of a third party unconnected with the supply of any service to be provided under the Contract;
c) an unusual or unforeseeable circumstance beyond the control of the Company and/or anyone who supplies services which form part of the Package 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
d) an event which the Company and/or anyone who supplies services which form part of the Cruise could not even with all due care have foreseen or forestalled.
2. For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in 16.4 to 16.8 inclusive, the Company’s liability for improper performance of the Contract shall be limited to a maximum of twice the price which the affected Passenger paid for the Cruise (not including premiums and amendment charges).
3. All carriage (by land, air and sea) is subject to the Conditions of Carriage of the actual Carrier. These may limit or exclude liability. They are expressly incorporated into the Contract and are deemed to be expressly accepted by the Passenger at the time of booking. Copies of these terms and conditions are available on request from the Company.
4. Carriage of passengers and their luggage by air is governed by various International conventions (“the International Air Conventions”), including the Warsaw Convention 1929 (as amended by The Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) or the Montreal Convention 1999. To the extent that the Company may be liable as a non-performing air carrier to Passengers 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 for a Cruise between the Company and a Passenger) are expressly incorporated into these Conditions. The International Air Conventions fix limitations of liability of the Carrier for death and personal injury, loss of and damage to luggage and delay. Any liability of the Company toward the Passenger arising from a carriage by air is subject to the limitation of liability provided by said Conventions. Copies of these conventions are available upon request.
5. International carriage of Passengers and their luggage by sea shall be governed by EU Regulation 392/2009 (“Regulation 392/2009”) and any liability of the Company and/or the Carrier for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely determined in accordance with Regulation 392/2009. The Athens Convention 1974 as amended in 1976 (“The Athens Convention”) may be applicable to domestic carriage by sea. Regulation 392/2009 and the Athens Convention limit the Carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It is assumed that luggage has been delivered undamaged to the Passenger unless the latter gives written notice to the Company or Carrier in the following terms:
a) in case of apparent damage, before or at the time of disembarkation or redelivery; or
b) in 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.
Any damages payable by the Company up to Regulation 392/2009 or Athens Convention 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. Copies of Regulation 392/2009 and the Athens Convention are available from the Company upon request.
6. Insofar as the Company may be liable to a Passenger in respect of claims arising out of carriage by air, land or sea, the Company shall be entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual Carriers (including his own terms and conditions of carriage) and under the Athens Convention, and nothing in these Conditions shall be deemed as a waiver thereof. If any term, condition, section or provision becomes invalid or be so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in force.
7. The Company’s liability will not at any time exceed that of any Carrier under its Conditions of Carriage and/or applicable or incorporated conventions.
8. Except for claims arising out of carriage by air (as provided by 16.4), any liability in respect of death and personal injury and loss of and damage to luggage which the Company may incur to the Passenger, whether under the Contract in accordance with these Conditions or otherwise, shall always be subject to the maximum limits of liability contained in Regulation 392/2009 of 400,000 SDRs per Passenger for death/personal injury. The maximum limit may be 250,000 SDRs in respect of certain incidents. See also the Carrier’s Conditions of Carriage. Further information concerning the Athens Convention and its full text may be found on the European Commission website (http://europa.eu/legislation_summaries/transport/waterborne_transport/tr0018_en.htm).
The limits payable under the Athens Convention are 46,666 SDRs per passenger for death and or personal injury. Limits of liability or cabin luggage are 2,250 SDRs per Passenger pursuant to EU 392/2009 and 833 SDRs per Passenger pursuant to the Athens Convention.
The Company and the Carrier have no liability for valuables unless deposited with the ship’s purser. In which case liability will be limited to 3,375 SDRs or 1,200 SDRs respectively.
References to limits per passenger are per carriage.
An SDR is a Special Drawing Right and fluctuates daily. The value of an SDR can be calculated by visiting http://www.imf.org/external/np/fin/data/rms_five.aspx.
9. Notwithstanding anything to the contrary elsewhere in these Conditions, the Company shall not in any circumstances be liable for any loss or anticipated loss of profits, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
10. The liability of the Company is excluded for claims arising out of loss or damage directly or indirectly occasioned by circumstances where performance and/or prompt performance of the Contract is prevented by reason of war, or threat of war, riot, civil strife, industrial dispute whether by the Company’s employees or others, terrorist activity or the threat of terrorist activity, failure of power supplies, health risks or epidemics natural or nuclear disaster, fire or adverse weather conditions or adverse sea states, Passenger’s suicide or attempted suicide or the Passenger’s deliberate exposure to unnecessary danger (except in an attempt to save human life), or the consequences of participating in an unusual and dangerous activity and any other circumstance of any nature whatsoever outside the Company’s control.
11. Where the Company has any legal liability for loss of or damage to property otherwise than in accordance with the Athens and/or Montreal Conventions then its liability shall not at any time exceed EUR 500,00 and the Company shall not at any time be liable for money or valuables. Passengers must not pack money or other valuables in their luggage.