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COMPLAINTS a) in the case of apparent damage, before or at the time of 62. Hotels and shuttle services included in the Package
disembarkation or redelivery; b) in the case of damage which is not or purchased at any other time are arranged by P&O Cruises
51. Any problem which arises during a holiday must be raised
by the Guest at the time with a representative of P&O Cruises. apparent or of loss, within 15 days from the date of disembarkation with local Suppliers who may themselves engage the services of
If the problem is not resolved to the full satisfaction of the Guest or redelivery or from the time when such redelivery should have local operators. Standards of hygiene, accommodation
during the holiday, it is essential that to enable the complaint to taken place. Where the Cruise is seagoing but does not call at more and transport in many countries where excursions take
be investigated properly it must be notified to P&O Cruises at the than one country (Domestic Carriage) then the provisions of the place are often lower than comparable standards in the UK.
earliest opportunity thereafter and in any event no later than 28 Athens Convention 1974 may apply. If the domestic carriage is in P&O Cruises will at all times endeavour to appoint reputable
days after the Guest’s return from the Package. Failure to report the UK the Merchant Shipping (Convention relating to the Carriage and competent local Suppliers. The terms and conditions of the
the complaint within this time may adversely affect P&O Cruises’ of Passengers and their Luggage by Sea) (Amendment) (Order) hotels and shuttle services will be applicable and are expressly
ability to investigate and deal with it and may prejudice any future 2014 (2014 Regulations) may apply. Non seagoing cruises shall incorporated into the Contract (or any other contract between
claim. Complaints relating to EU Regulation 1177/2010 Concerning be subject to the provisions of the Merchant Shipping Act 1995 P&O Cruises and the Guest in respect of shuttle services). These
the Rights of Passengers when Travelling by Sea and Inland and liability for death and or personal injury is limited to 175,000 may limit or exclude liability of the hotelier or the shuttle services
Waterways must be made to P&O Cruises in writing within two SDRs per passenger. These provisions will also apply where the operators. The liability of P&O Cruises will not exceed that of any
months of the date on which the service was performed. Within ship is being used as a floating hotel. The limits applicable to cabin hotelier and/or shuttle services operator. Local standards of the
one month, P&O Cruises shall respond to the Guest that the Guest’s luggage pursuant to the Athens Convention 1974 and the 2014 relevant country will be relevant in assessing performance of
complaint has been substantiated or rejected or is still being Regulations are 833 SDRs (£909). The figure increases to 2,250 the Package services. In the event of a complaint by a Guest, the
considered. However, the time taken to provide the reply shall be SDRs (£2,452) where EU Regulation 392/2009 and the Athens Contract (or any other contract between P&O Cruises and the
no longer than two months from receipt of the complaint. Convention 2002 apply. P&O Cruises is not liable in respect of Guest in respect of shuttle services) will be regarded as having
the loss and/or damage to any valuables unless these have been been performed if local standards relating to those services have
deposited with the ship. Using the cabin safe is not a deposit with been satisfied even if the laws of England and Wales have not
LIABILITY the ship. Where deposited with the ship and unless a higher figure been met. P&O Cruises is not responsible for any improper or
52. Subject to paragraphs 52 to 56 P&O Cruises accepts is agreed in writing, P&O Cruises’ liability pursuant to the Athens non-performance of such services which are wholly attributable
responsibility for death, injury or illness caused by the negligent Convention 1974 and 2014 Regulations will be limited to 1,200 to the fault of the Guest; the unforeseeable or unavoidable act
acts and/or omissions of its Suppliers in respect of the Package, SDRs (£1,308) or where EU Regulation 392/2009 and/or the Athens or omission of a third party unconnected with the provision of
but excluding the Cruise. P&O Cruises limits its liability, where Convention 2002 apply, 3,375 SDRs (£3,678). In the event of death the services to be provided; or unavoidable and extraordinary
applicable, by the conventions referred to in clauses 55 to 60 and/or personal injury then the limits applicable under the Athens circumstances.
inclusive. In any event, P&O Cruises is not responsible for any Convention 1974 and 2014 Regulations are 46,666 SDRs (£50,850)
improper or non-performance of any services forming part of or 300,000 SDRs (£326,895) where the Performing Carrier’s 63. P&O Cruises does not include any shore experiences in the
the Package which are wholly attributable to the fault of the principal place of business is in the UK. In accordance with EU price. Shore experiences do not form any part of a Package.
Guest; the unforeseeable or unavoidable act or omission of a Regulation 392/2009 and the Athens Convention 2002 the Guest Shore experiences may be reserved after a Package has been
third party unconnected with the provision of any services to be has a right to compensation for death or personal injury up to booked from a separate shore experiences brochure or online.
provided under the Contract; or unavoidable and extraordinary 250,000 SDRs (£272,431) per incident from the carrier in respect of Reservations may be made for a specified period prior to the Cruise
circumstances. a shipwreck, capsizing, collision or stranding of the ship, explosion commencing. Purchases may also be made on board the ship.
or fire in the ship, or defect in the ship (“Shipping Incident”) save
53. For claims not involving personal injury, death or illness or where the Shipping Incident resulted from an act of war, hostilities, 64. Any shore experiences booked will be supplied by local
which are not subject to the conventions referred to in clauses civil war, insurrection or a natural phenomenon of an exceptional, operators. P&O Cruises will at all times endeavour to appoint
55 to 60 inclusive, P&O Cruises liability for improper performance inevitable and irresistible character; or was wholly caused by an reputable and competent local operators who apply the local
of the Contract shall be limited to a maximum of three times the act or omission done with the intent to cause the incident by a laws and regulations of the relevant country. Shore experience
price which the Guest affected paid for the Package (not including third party. Compensation for a Shipping Incident can increase by a operators are not P&O Cruises’ servants, agents or suppliers.
insurance premiums and amendment charges) and P&O Cruises further 150,000 SDRs to a total figure of 400,000 SDRs (£435,889) P&O Cruises is not responsible for any acts or omissions which are
shall have no liability for any loss of business or profits, loss of use or per Guest, per incident unless the carrier proves that the incident wholly attributable to the fault of the local operators. P&O Cruises
any other consequential or indirect loss or damage. which caused the loss occurred without its fault or neglect. In the does not operate, perform or otherwise organise and/or audit any
event of a non-shipping incident the Guest must prove that the shore experiences. All Guests must ensure that they are fit and
54. All carriage (by land, air and sea) is subject to the terms and incident which caused the damage was the result of the carrier’s healthy to undertake shore experiences. All shore experiences are
conditions of carriage of the actual carrier. These may limit or fault or neglect. In those circumstances the maximum amount governed by the terms and conditions in the shore experiences
exclude liability. They are expressly incorporated into the Contract. payable will be 400,000 SDRs. In any case involving war or terrorism brochure.
Copies of these terms and conditions are available on request from the maximum payable is 250,000 SDRs per passenger or 340
P&O Cruises. P&O Cruises will ensure that the Guest is informed of million SDRs per ship per incident. 65. All employees, agents, contractors and their sub-contractors
the identity of the air carrier once it has been finalised. P&O Cruises A summary of EU 392/2009 may be viewed at (including Suppliers as defined in clause 1), as well as all insurers of
does not use any carrier on the EU banned carrier list, available http://ec.europa.eu/transport/themes/passengers/maritime/ both P&O Cruises and its Suppliers shall have the benefit of the same
via our website. The liability of P&O Cruises will not exceed that of doc/rights-in-case-of-accident.pdf rights, defences, immunities and limitations available to P&O Cruises
any carrier. under these Conditions.
57. Any damages payable by P&O Cruises up to EU 392/2009, the
55. Carriage of Guests and their luggage by air is governed by Athens Convention 2002 and/or 2014 Regulations limits shall be ACTIONS, CLAIMS AND TIME LIMITS
various international conventions (hereinafter “the international air reduced in proportion to any contributory negligence by the Guest
conventions”), including the Warsaw Convention 1929 (whether as and by the maximum deductible specified in Article 8 (4) of the 66. Any action by a Guest arising out of carriage by air or sea must
amended by the Hague Protocol 1955 or the Montreal Protocol 1999 Athens Convention 1974. be commenced within the time limit prescribed by the Warsaw
or otherwise) or the Montreal Convention 1999. Flights between Convention, the Montreal Convention or the Athens Convention
the UK and any member state of the European Union are currently 58. Insofar as P&O Cruises may be liable to a Guest in respect of 2002 or EU Regulation 392/2009 or the 2014 Regulations, as
governed by EC Regulation 889/2002 which gives legal effect to the claims arising out of carriage by air or carriage by sea, P&O Cruises applicable.
Montreal Convention 1999. To the extent that P&O Cruises may be shall be entitled to all the rights, defences, immunities and limitations 67. If a court or tribunal applies any law other than English law,
liable as a non-performing air carrier to Guests in respect of carriage available, respectively, to the actual air carrier (including its own P&O Cruises shall (in respect of all exclusions and limitations of liability)
by air, the terms of the international air conventions (including any terms and conditions of carriage) and under the Athens Convention, be entitled to the maximum protection allowed by that law including
subsequent amendments and any new convention which may be and nothing in these Conditions shall be deemed a surrender statutory protection of limitation as to the amount of damages
applicable to a Contract for a fly-cruise between P&O Cruises and thereof. To the extent that any provision in these Conditions is made recoverable.
a Guest) are expressly incorporated into these Conditions. The null and void by the Warsaw Convention, the Montreal Convention 68. P&O Cruises is a Member of ABTA, membership number V8764.
international air conventions may permit the carrier to limit its liability or the Athens Convention or any legislation compulsorily applicable P&O Cruises is obliged to maintain a high standard of service to
for death and personal injury, loss of and damage to luggage and or is otherwise unenforceable, it shall be void to that extent but no Guests by ABTA’s Code of Conduct. P&O Cruises can also offer Guests
delay. Insofar as P&O Cruises may have any liability to the Guest in further. ABTA’s scheme for the resolution of disputes which is approved by the
respect of carriage by air, it shall be determined accordingly. Copies Chartered Trading Standards Institute. If P&O Cruises can’t resolve a
of these conventions are available from P&O Cruises on request. 59. Insofar as the Cruise may be performed on a ship not owned complaint, Guests can go to www.abta.com to use ABTA’s simple
by P&O Cruises, it is agreed that P&O Cruises shall at all times procedure. Further information on the Code and ABTA’s assistance in
56. International Carriage of Passengers and their luggage by nevertheless be deemed a ship owner for the purposes of the resolving disputes can be found on www.abta.com.
sea, including the Cruise, is governed by EU Regulation 392/2009 Convention on Limitation of Liability for Maritime Claims 1976,
on the Liability of Carriers of Passengers by Sea in the Event of whether as amended by the Protocol of 1996 or otherwise and FINANCIAL PROTECTION
Accidents (EU Regulation 392/2009) which may be viewed at as in force in any relevant jurisdiction from time to time, and so
https://www.gov.uk/government/uploads/system/uploads/ entitled to limit liability thereunder. 69. P&O Cruises provides full financial protection for all Packages.
attachment_data/file/2724/annex-b-reg-ec-392-2009. For flight-based Packages this is through P&O Cruises Air Travel
pdf and The Athens Convention 2002 which may be viewed at 60. Except for claims arising out of carriage by air (as provided Organiser’s Licence number 6294. In the unlikely event of
https://www.gov.uk/government/uploads/system/uploads/ by clause 55), any liability in respect of death and personal injury P&O Cruises’ insolvency, the CAA will ensure that Guests booked
attachment_data/file/261628/Misc.6.2013_Prot_2002_ and loss of and damage to luggage which P&O Cruises may incur on flight-based Packages are not stranded abroad and will arrange
Athens_8760.pdf. Copies are available on request. The Athens to the Guest during sea carriage, whether under the Contract in to refund any money the Guest has paid to P&O Cruises for an
Convention 2002 and EU Regulation 392/2009 are expressly accordance with these Conditions or otherwise, shall always be advance booking. For further information visit the ATOL website at
incorporated into these Conditions and any liability of P&O Cruises subject to the limits of liability contained in the Athens Convention www.atol.org.uk. When a Guest buys an ATOL protected flight or
for death or personal injury or for loss of or damage to luggage 2002, EU Regulation 392/2009 or the 2014 Regulations. flight inclusive holiday from P&O Cruises they will receive an ATOL
arising out of international carriage by sea shall be solely brought Certificate. This lists the flight, accommodation, car hire and/or
and determined in accordance with the Athens Convention 2002 61. In respect of any claims for loss of or damage to property other services that are financially protected, where the Guest can
and EU Regulation 392/2009 which limit the carrier’s liability for including luggage which are not covered by international get information on what this means for them and who to contact
death or personal injury or loss of or damage to luggage and make conventions including the Athens Convention 2002, EU Regulation if things go wrong. P&O Cruises or the suppliers identified on the
special provision for valuables. The limits of liability are assessed 392/2009, the 2014 Regulations and/or the Montreal Convention ATOL Certificate will provide the Guest with the services listed
by reference to Special Drawing Rights (SDRs) which fluctuate and where liability is not limited by reference to any enactment, on the ATOL Certificate (or a suitable alternative). In some cases,
depending on daily exchange rates. All SDR values in these terms or conditions then any legal liability that P&O Cruises may where neither P&O Cruises or the suppliers are able to do so for
Conditions are accurate as per 28 October 2020. have for any such losses will be limited to £500.00 per Guest. reasons of insolvency, an alternative ATOL holder may provide the
Up-to-date figures may be assessed at the following website P&O Cruises shall not be liable for lost valuables including jewellery Guest with the services it has bought or a suitable alternative (at
http://www.imf.org/external/np/fin/data/rms_sdrv.aspx. and/or monies under any circumstances. Guests must ensure that no extra cost to the Guest). The Guest agrees to accept that in
It is presumed that luggage has been delivered undamaged to their personal possessions and valuables are with them at all times. those circumstances the alternative ATOL holder will perform those
the Guest unless written notice is given to P&O Cruises (as carrier): obligations and agrees to pay any money outstanding to be paid
by the Guest under the Contract to that alternative ATOL holder.
However, the Guest also agrees that in some cases it may not be
possible to appoint an alternative ATOL holder, in which case the
Guest 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
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