Iceland ProCruises Catalogue 2019

42 without delay and obtain a written report. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint at the time and this may affect your rights under this contract. Any accident resulting in personal injury, loss of, or damage to luggage must be reported to a ship’s officer or airline official immediately and written confirmation obtained. We are unable to accept liability for the contents of DVDs, videos, literature, or websites produced by our suppliers/hoteliers. In the unlikely event that any complaint cannot be settled between us you may if you wish be re- ferred to arbitration. This special scheme, by arrangement with ABTA is administered by CEDR Solve. It applies if your claim is for not more than £5,000 per person or £25,000 per booking and does not involve physical injury or illness. The scheme provides for a simple and inexpensive method of ar- bitration conducted privately based on written documentation and evidence with limited custom- er liability on costs. Full details are available on request or from ABTA Ltd, 30 Park Street, London SE1 9EQ, www.abta.com. 10. Liability (1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below, and as such we are responsible for the proper provision of all travel services includ- ed in your package, as set out in your confirmation invoice. Subject to these booking conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction and/or reasona- ble compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to, following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us. (2) We will not be responsible for any injury, illness, death, loss (including loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: a. the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party b. the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unavoidable and extraordinary; or c. “Force majeure” as defined in clause 8 above. (3) Please note we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure or on our website and we have not agreed to arrange them as part of our contract and any excursion you purchase during your holiday. Please also see clause 19 “Excursions, Activities and Brochure/Website Information”. (4) We limit the amount of compensation we may have to pay you if we are found liable under this clause as follows: (a) Loss of and/or damage to any luggage or personal possessions and money: The maximum amount we will have to pay you in respect of these claims is an amount equiva- lent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind. (b) Claims not falling under (a) above and which don’t involve injury, illness or death: The maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking. (c) Claims in respect of international travel by air and rail, or any stay in a hotel: (i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Con- ditions of Carriage’ shall be deemed to be included by reference into this contract. (ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regula- tion 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. (iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. (d) Claims in respect of international travel by sea or inland waterway Travel by sea is governed by the provisions of the Convention Relating to the Carriage of Passen- gers and their Luggage by Sea 1974 as amended in 1976 (the Athens Convention) and, where applicable, EU Regulation 392/2009 relating to the Liability of carriers of passengers by sea in the event of accidents. The extent of our liability will in all cases be limited as if we were the Con- tracting Carriers under the Athens Convention and/or EU Regulation 392/2009. The Athens Convention and EU Regulation 392/2009 limit the carriers’ liability for death or per- sonal injury or loss or damage to luggage and makes special provision for valuables. It is pre- sumed that luggage has been delivered to you undamaged unless written notice is given to us and/or the carrier; a. in the case of apparent damage, before or at the time of disembarkation or redelivery; or b. in the case of damage which is not apparent or of loss, within 15 days from the date of disem- barkation or redelivery or from the time when such redelivery should have taken place. Damages for cabin luggage payable by the carrier are limited up to the Athens Convention limit of 833 Special Drawing Rights (“SDRs”) or 2250 SDRs if EU Regulation 392/2009 applies. Any liability in respect of death and personal injury and loss of and damage to luggage which we may incur to you shall always be subject to the limits of liability contained in the Athens Convention or EU Regulation 392/2009 for death/personal injury of 46,666 Special Drawing Rights (SDR) or 300,000 SDR under Athens Convention or 400,000 SDRs under EU Regulation 392/2009 except in the case of liability for war or terrorism 250,000 SDRs. We are not liable for valuables, monies or other securities including jewelry and watches. If they have been deposited with the reception desk on the ship for safe keeping and a receipt issued, then in those limited circumstances the Carriers liability will be as set out in the Athens Convention or EU Regulation 392/2009. The use of safes onboard a Vessel is not a deposit with the ship or with the company under the Athens Convention or EU Regulation 392/2009 or otherwise. The limits are 1200 SDRs pursuant to Athens or 3,375 SDRs pursuant to EU Regulation 392/2009. 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 or EU Regulation 392/2009. Where carriage is performed on inland waterways, and the vessel does not go to sea the liability provisions relating to sea going vessels do not apply to the cruise. In those cases the liability of the Carrier to customers shall be determined in accordance with English law (the Merchant Shipping Act) and The Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 96) as amended by SI 1998/1258, a copy of which will be provided by on request or can be found at: https://www.legislation.gov.uk/uksi/1998/1258/contents/made. The limits for non-sea going passenger vessels is 175,000 SDRs per passenger limit. Liability for prop- erty claims will be at least 1,000,000 SDR’s under SI 1998/1258 (4)(b)(i)). The Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels, referred to as the “Strasbourg Convention” with protocols and amendments, applies to vessels sailing on waterways located in the territory of a state party subject to (i) the “Revised Convention relating to the Navigation of the Rhine of 17 October 1868” and (ii) the “Convention of 27 October 1956 concerning the canalization of the Moselle” (Article 15(1) of the Strasbourg Convention: https://www.ivr-eu.com/expertises/le- gal/?lang=en). If the Strasbourg Convention applies the limits for customer claims are 60,000 SDRs per customer subject to a minimum of 6,000,000 SDR’s (see Article 7). The Carrier’s liability for death, injury, illness, damage, delay or other loss to person or property of any kind suffered by customers shall, in the first instance, be governed by the Convention on Limitation of Liability for Maritime Claims 1996 as amended by SI 1998/1258 or where applicable the Strasbourg Convention. The Carri- er’s liability therefore shall not exceed those limitations provided by the said LLMC 1996 and SI 1998/1258 or where applicable Strasbourg Convention or in any further revisions, protocols and/or amendments thereto as shall become applicable. Where the LLMC 1996 or If applicable Strasbourg Convention permits the Carrier to apply a deductible, the Carrier may apply that deductible. SDRs are a monetary unit of the International Monetary Fund and current exchange rate can be found in major financial newspapers. (5) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any business losses or expenses including, without limitation, self-employed loss of earnings. (6) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs in ad- vance. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point. 11. Your Behaviour You accept responsibility for the proper conduct of yourself and your party, when you book ar- rangements with us. If your actions or omissions cause damage to any property in the provision of the contracted arrangements, cause delay or diversion to any flight or other means of transporta- tion, or causes or is likely to cause distress, danger and annoyance to any other customers or any third party, we reserve the right to terminate your booking with us immediately. In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or the arrangements immediately. No refunds of lost accom- modation or any other arrangements will be made and we will not pay any expenses or costs in- curred as a result of termination. You and/or your party may also be required to pay for any loss and/ or damage caused by your actions and we will hold each member of your party jointly and individ- ually liable for any damage or losses caused by you or any member of your party. You also agree to fully indemnify us against any claim arising from your conduct (including professional fees and legal costs) made against us by or on behalf of the owner of such property or the operator of the flight or other means of transportation. The Captain of an aircraft or Master of a ship has authority over the aircraft/ship and passengers at all times when they are boarding or when they are on board. For Cruise bookings, at any port or place we may refuse to embark or may disembark any passenger who, in the opinion of the ship’s authorised personnel, might be excluded from landing at further destinations by local authorities or whose presence may be detrimental to the wellbeing of passen- gers or crew or who may be suffering from any contagious or infectious disease. In cases of quaran- tine of the ship, or individual passengers (passengers may be required to remain in their cabin or as instructed by authorised personnel on board if they or any other occupant of the accommodation presents any symptoms or may be considered to put other passengers at risk) we will not be liable for expenses thus caused and in such cases as above there will be no entitlement to any refund or compensation and we will have no liability for costs incurred as a result. 12. Disabilities and Medical Problems Each passenger warrants that they are fit to travel. IPT reserves the right to require any passenger to produce evidence of the same and cannot accept liability for any situation arising out of a failure to disclose any pre-existing condition or disability. Passengers with physical or mental disabilities or other conditions which may require special assistance, e.g. use of a wheelchair or scooter, or service animal, must advise us in writing before a booking is made. Passengers who use wheelchairs or who may require special assistance must be accompanied by someone who is able to assist them on shore and at sea. We are not a specialist disabled company but we will do our utmost to cater for any special requirements you may have. Please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

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