TICKET CONTRACT AUSTRALIA
Carnival Cruise Line / We / Our / Us means Carnival Corporation and/or Carnival plc and, where the context permits, includes the Carrier. Carrier means Carnival Corporation, except for bookings on Carnival Spirit and Carnival Splendor where Carrier means Carnival Plc. In selling you cruises and issuing you tickets, Carnival plc acts as a sales agent for Carnival Cruise Line, except for bookings on Carnival Spirit and Carnival Splendor where Carnival plc acts as principal. For bookings on Carnival Spirit and Carnival Splendor cruises departing and returning to Australia, Carrier means Carnival plc and Carnival plc acts as principal in selling and issuing your tickets. You means you and all guests in your booking. You are entering into this contract with Carnival plc trading as Carnival Cruise Line (Carnival), ARBN 107 998 443
2. YOUR AGREEMENT WITH US
These and Your Booking Confirmation are the Terms and Conditions under which You book Your cruise holiday and travel on any Carnival Cruise Line product We sell You. Once We have received the first payment towards Your cruise holiday, a legally binding agreement on these Terms and Conditions becomes effective between all guests on Your booking(s) and Us. By making a payment, You represent that You accept and have authority from all guests (or their parent/ legal guardian) on Your booking(s) to accept on their behalf, these Terms and Conditions. Parents/legal guardians accept these Terms and Conditions on behalf of their children. It is important that You and all guests in Your booking read them carefully and understand them.
Every guest included in Your booking will have access to the booking (excluding credit card details). Any adult guest named on the booking may amend the booking
Certain laws such as the Competition and Consumer Act 2010 (Cth) and any applicable state based consumer legislation (from here known as ‘Consumer Laws’), are in place for Your protection. They are designed to ensure Our services are provided with due care and skill and are reasonably fit for a cruise holiday. These Terms & Conditions do not alter any protection given to You by such Consumer Laws.
3. CRUISE ITINERARIES ARE NOT GUARANTEED
Many factors may affect Our ability to provide any particular itinerary. These include weather, mechanical difficulties, civil unrest or other unforeseen circumstances. We agree to use reasonable endeavours to provide a cruise in accordance with Our published schedules and itineraries. However, We do not guarantee itineraries and they do not form part of Your contract with us. If We are unable to operate in accordance with Our published itinerary, We may in some circumstances offer You assistance or compensation in accordance with clause 12.
Each cabin booked represents an individual booking. At time of booking, names as per passport, dates of birth, postal address and telephone numbers of all passengers on the booking are required. A booking, and payments on a booking, can only be made by a person aged 18 years or over.
You acknowledge that You have authority from all guests in the booking to make changes to Your booking.We reserve Our discretion to refuse to accept a booking request from any guest or group for any reason, acting reasonably.Each room can accommodate between one (1) and four (4) guests, depending on the room configuration. Each room booked will be assigned a unique booking reference.
If You decide to make Your booking through a registered Travel Agent, any amendments or enquiries on the booking will need to be made by Your Travel Agent.
5. YOUR FARE
Your fare is determined by the fare type, the number of guests in Your room, its location on the ship, the amenities offered, port charges, taxes, fees and port expenses (which are all subject to change), and any applicable airfares including taxes and fees. Child fares, where available, only apply when children are the third (3rd) or fourth (4th) guest in a stateroom and are aged under 13 years. Once booked, and subject to applicable laws,Your fare may be subject to increased taxes, fees and port expenses. You will be notified of this before it is added to Your fare or to Your on board account.
The cruise fare includes onboard accommodation, main meals at most onboard restaurants (additional fees may apply to some menu items), entertainment and some activities onboard, gym and fitness classes as well as taxes, fees and port expenses. Additional expenses may apply to some entertainment and activities, and main meals at specialty restaurants.
A number of optional extras are also available that are not included in the cruise fare including drinks purchases, some onboard activities and entertainment, shore tours, shopping, wifi internet, laundry services, day spa services, fitness classes and additional dining options.
All prices are quoted in Australian dollars, unless otherwise noted. In the event that a displayed price is incorrect, subject to any requirements under Consumer Law, We may retract the price and/or withdraw the product from sale and refund any payments made at the incorrect price.
Sometimes We will release promotional fares. These can be offered and withdrawn at any time. If after booking You decide to change to one of these promotional fares, You will need to cancel Your existing booking and Our ‘Refund Policy’ will apply in accordance with clause 10.
We may elect to impose a fuel supplement at any time, in which case any additional fees will apply to new bookings only. The total price quoted to You at the time of booking will be inclusive of any applicable fuel supplement.
Your booking is not secure until an initial deposit in cleared funds is received by Us. If Your deposit as indicated on Your Booking Confirmation is not received within the due date and time, Your booking will be cancelled automatically by Our system.
Depending on the proximity of the sailings or availability of inventory, full deposit or final payment may be required sooner.
All guests within a booking must travel on the same fare type. From time to time, We may release promotional fares that have different payment conditions. Please ensure You check the payment conditions at time of booking.
Please ensure You check the payment conditions, including the deposit requirements, at the time of booking as some promotional fares may have specific payment conditions that may differ from those listed above. Some promotional fares may also require full payment at the time of booking. Your deposit and final payment due dates will be indicated on Your Booking Confirmation. If We have not received Your deposit or final payment by the due date, the booking will be cancelled automatically and Our Refund Policy will apply in accordance with clause 10.
*Equivalent value in New Zealand Dollars for those eligible to transact in this currency
Single Occupancy: Reservation will require 200% of the per person deposit. The total deposit amount will never exceed the cruise fare.
Please note: A credit card surcharge of 1.1% for Visa and Mastercard and 2.3% for AMEX and Diner's Club will apply to direct bookings made through Our website and call centre. Surcharges do not apply to debit cards.
When booking through a travel agent, they may have different payment conditions. Please check with Your travel agent at the time of booking.
7. NAME CHANGES
Once You have made Your booking, please check Your Booking Confirmation or with Your Travel Agent to ensure the details are correct.
One original guest from the booking must always remain in the stateroom. If all original guests cancel / are replaced, the booking will be subject to Our ‘Refund Policy’ in accordance with clause 10.
If a cancelling guest was the only person that qualified the booking for a promotional fare (eg. past guest fare), additional and remaining guests will no longer be entitled to this promotional fare. The booking will revert to a different fare and the remaining guests will need to pay the difference in cost, if any.
Changes can only be made up to 72 hours before departure.
8. ROOM CHANGES
When making a booking with a specific room number, please advise Us or Your Travel Agent at the time of booking if You do not want Your room changed. This means that You would not be offered a complimentary upgrade to a higher priced category, if one was to become available. Please note We reserve the right to move You from a previously assigned room for operational reasons, which include and are not limited to the following: when the number of people booked in the room is less than the number of beds in the room, or to accommodate a guest with a special medical condition; disabled guests have priority over rooms designed for the physically disabled.
In addition, when a booking is made and a specific room number is not selected (known as a ‘Guarantee’), the room will be allocated at Our discretion in the category booked, or a higher priced category, at a later date, up to departure.
9. CHANGING YOUR CRUISE HOLIDAY
We understand that on occasion You may need to change Your travel plans. When that happens, our ‘Refund Policy’ will apply in accordance with clause 10.
10. REFUND POLICY
Although We would love to see You onboard, We understand that plans can change. Should You need to cancel Your booking, We ask that You notify Your Travel Agent or Our Customer Service team at Your earliest convenience.
Reservations will be held until 30 minutes prior to departure. No refunds will be made in the event of "no shows", unused tickets, partially used tickets, or cancellations received less than 14 days prior to departure or after the start of the cruise. For our refund policy related to group bookings, partial ship charters or full ship charters refer to your charter contract or group booking agreement for terms and conditions.
Refund Terms & Discounted Fares
The quantum of refund depends on the amount of notice You give us, as follows:
Total Fare is defined as Cruise Fare, Transfer Services, Pre/Post Cruise Vacation Packages and Air Supplements (excluding Restricted Air which is non-refundable any time after booking).
*Certain promotional fare offers may not be listed on this page, please refer to the terms and conditions of your specific promotion for more details.
11. SHIPBOARD ENVIRONMENTS
There are some inherent features of travel by cruise ship which You should be prepared for. Some noises and vibrations are associated with the normal operation of the ship. Maintenance may occur in certain areas of the ship while You are onboard which may affect access to these areas. Weather conditions may also require Us to restrict access to certain areas of the ship for safety reasons.
12. SHIP ITINERARY & CHANGES
We will do everything We reasonably can to make sure everything goes according to plan; however, sometimes changes can happen that may affect Your holiday experience. This could include weather, mechanical difficulties, civil unrest or any other unforeseen circumstances.
In addition, We may charter all or part of the ship, or remove the ship from service where this becomes necessary. We may change the itinerary, ship or cancel the cruise due to operational or commercial requirements. We will notify You of these changes as soon as We can. If We are forced to cancel Your cruise for any reason prior to departure We will provide a full refund. Since Your itinerary is not guaranteed, please do not make any important arrangements or meetings based on the proposed itinerary.
Changes within Our control:
Where We make a significant change to the ports in Your itinerary prior to departure and this is due to a circumstance within Our control, for example for operational or commercial requirements You will have the choice of:
1. the new itinerary;
2. An alternative cruise of comparable standard, if available; or
3. Cancelling the cruise for a full refund of Your fare.
For the purposes of this clause, 'significant change' means a change to the city of departure or disembarkation, or to the majority (by number) of the other ports in Your itinerary.
Changes outside Our control:
If it is necessary to change the itinerary due to safety, maritime law, severe weather, to protect human life or health or other factors outside Our control, We will attempt to offer a revised itinerary as close as possible to the original itinerary. We will not provide any compensation in connection with the revised itinerary unless Consumer Laws require otherwise.
13. TRAVEL INSURANCE
We strongly recommend You purchase appropriate international travel insurance as soon as You pay Your deposit. As Australian Medicare and New Zealand Accident Compensation Corporation do not cover Your travel onboard, it is important that international travel insurance is purchased for all voyages (including domestic Australian itineraries which do not visit international ports). If You do not purchase international travel insurance, You will not be able to recover cancellation charges, medical costs, repatriation and other expenses that may arise if things do not go according to plan.
14. PREGNANCY POLICY
Guest understands and acknowledges that in addition to the limitations on medical care described in Clause 27 below, prenatal and early infant care, in particular, may require specialized diagnostic facilities and/or treatment that are not available or obtainable during the cruise on board the ship and/or ashore in ports of call. Therefore, any Guest that is unfit to travel, and any Guest who will at any time during the cruise enter her the 24th week of estimated gestational age, agrees not to book a cruise or board the ship. We are unable to accept any guests who will have entered their 24th week or later at any time during the cruise.
15. MINIMUM AGE TO TRAVEL
We welcome children 12 months and over to cruise with Us for international cruises, and children 6 months and over for domestic cruises. We are unable to accommodate infants under 12 months for international or transoceanic cruises, cruises with remote itineraries and cruises with more than two (2) consecutive sea days) and under 6 months for domestic cruises due to limited neo-natal facilities on board and at ports of call.
Stateroom Age Requirements:
To ensure there is suitable supervision, there needs to be at least one guest 18 years or older in each stateroom. However, to accommodate families cruising together, children may occupy a separate stateroom to their parent/legal guardian, providing one child is 16 years or over.
Minimum Age to Book*:
Subject to applicable laws, for cruises departing from an Australian port between 1 November and 7 January, We will permit a quota of 20 guests per cruise who are under the age of 19 and not accompanied by a responsible adult. Once this quota is filled, We will require guests who are under the age of 19 to travel in the same room as a responsible adult 19 years or older.
In addition, from 8 January to 31 January, We will permit a quota of 60 guests per cruise who are under the age of 19 and not accompanied by a responsible adult. Once this quota is filled, We will require guests who are under the age of 19 to travel in the same room as a responsible adult 19 years or older.
We can advise You at the time of booking whether the limit applies to Your booking. Carnival Cruise Line can waive the responsible adult requirement at its discretion. Any requests for review of a waiver application decision can be made by emailing Carnival Cruise Line Australia Support Department at email@example.com. In determining waiver requests We will take into account, the risks of an unauthorised event occurring, the risks of secondary supply of alcohol to minors or any other risks of excessive behaviour. The responsible adult is accountable for passengers under 19 years of age in their room for the duration of the cruise, and the ‘Travel Restrictions and Rights of the Captain’ under clause 28 will be applied to anyone who displays disruptive behaviour.
*For sailings departing outside of Australia, different age restrictions apply. Please contact your travel agent or Carnival for details.
16. TRAVELLING WITH CHILDREN
Parents/Legal guardians are responsible for children at all times, including when participating in Youth Program activities. If a child displays dangerous or disruptive behaviour, the ‘Travel Restrictions and Rights of the Captain’ under clause 28 will be applied to both parent/legal guardian and child.
Children’s access to pools and spas may be restricted and adult supervision is required at all times. Guests under the age of 18 are not permitted in child free areas such as Serenity.
Prams and strollers must be collapsible and capable of being stored in Your cabin.
You acknowledge that if You are travelling with a child of whom You are not the parent or legal guardian, You are required to notify Us during the check-in process and provide a Consent Form for the Minor/s travelling with You executed by the child’s parent or legal guardian. You must provide this form at check-in counter on day of embarking Your cruise as well as carry this form with You at all times during Your cruise. You may be asked to make decisions relating to matters such as that child’s safety, health and dietary requirements, medical treatment and decisions relating to disciplinary matters.
17. YOUTH PROGRAMS
Centre Attendance Requirements:
Carnival Cruise Line Youth programs provide highly engaging age-appropriate activities for children and teenagers between the ages of 2 and 17 years old. Carnival’s policy is to group children together according to their age. Youth Program age policies are in place so that We can provide participants with age appropriate activities and so they can mingle with children their own age. The age of the child on the day they board the cruise is the age We use for the entire holiday.
For the convenience of Our guests, Camp Carnival offers babysitting services for children aged between 12 months to 11 years each evening, from 10:00pm to 1:00am at an additional fee.
18. VISAS, PASSPORTS AND VACCINATIONS
When booking a cruise visiting an international port, You are responsible to ensure You have all necessary visas, vaccinations and travel documents, including a passport that is valid for the minimum duration required based on the countries You are visiting. Your passport must be valid for a minimum of six months beyond the date of Your cruise return and have sufficient blank pages for entry and exit stamps and visas.
Without the necessary passport, visas and/or vaccinations, local authorities may deny You boarding, prevent You from going ashore, issue a fine or deny the ship entry into the port. It is Your responsibility to ensure You have all the necessary documentation which permits You to travel, including visas for ports at which You do not intend to disembark. We will not provide You with a refund or reimbursement for any expenses or losses incurred as a result of Your failure to comply with these requirements.
In addition, travel on a Round Trip Cruise from Australia will not be recognised by Australian Immigration to have left Australia and therefore the cruise cannot be used to revalidate an Australian visa.
19. IDENTIFICATION REQUIREMENTS FOR DOMESTIC CRUISES
For domestic cruises (cruises that do not visit a foreign port), a valid passport or government issued photo identification is required (Queensland Proof of Age cards will only be accepted if issued after October 2011). For Australian domestic cruises, a current Medicare card can be used for guests under 18 years of age. For New Zealand domestic cruises, an original or certified copy of the child’s birth certificate or a school pass with photo will be accepted for guests under 18 years of age.
For sailings outside of Australia: Proper travel documentation and eligibility to travel is required at the embarkation and throughout the cruise. In addition to immigration and customs requirements, the U.S. government and others place restrictions on the carriage of Guests whose names appear on government watch lists or who are deemed legally ineligible to travel. It is the Guest’s sole responsibility to ensure his/her legal eligibility to travel and to bring and have available at all times all required travel documents. Guests are advised to check with their travel agent and with the appropriate government authority to determine the necessary documents and travel eligibility requirements for their particular cruise. Carnival may cancel the booking of any Guest who is or becomes ineligible to travel for any reason, or who is traveling without proper documentation. Any such Guest, or any Guest who fails to board the ship at embarkation, shall be ineligible to board the ship thereafter without Carnival’s consent, and shall not attempt to do so at the same or another port. Under these circumstances the Guest shall not be entitled to a refund or compensation of any kind. Guest is responsible for all related costs and fines, including without limitation travel expenses and for proper travel documentation for any port, or for departure from or arrival to the US. Under no circumstances shall Carnival be liable for any costs, damages or expenses whatsoever incurred by any Guest as a result of such failure cancellation or denial of boarding.
20. PROHIBITED ITEMS
To ensure a safe and enjoyable holiday for all Our guests We prohibit bringing certain items onboard and it will be necessary for Our security staff and other parties, such as port and government agencies, to search You and Your luggage. You agree to allow such searches. We can deny boarding or disembark any person in possession of any weapons, illicit substances, explosives, incendiary devices, or other dangerous items that are strictly prohibited aboard the ship; a comprehensive list of the prohibited items can be found at https://help.carnival.com.au. You warrant that no such prohibited articles are contained in any receptacle or container carried or presented as baggage. You will be solely responsible for any and all damage and/or loss caused by Your violation of this policy, and no refund of the cruise fare will be issued.
All prohibited items will be discarded at the end of the cruise. You must contact Us within three (3) days of disembarking to claim confiscated items which may be returned to You if appropriate. Shipping and handling fees will be Your responsibility. If You do not contact Us within this time Your item will be destroyed and no compensation will be provided.
21. COMPLIANCE WITH OUR ENVIRONMENTAL POLICY
Guest agrees during the course of the voyage to follow the directions of the ship’s Master, or his authorized officer. Guest further agrees to abide by all shipboard rules and policies. Guests shall not solicit anyone on the vessel for any commercial, professional, illegal or illicit purposes. Guest agrees that any violation of this Clause may subject Guest to disembarkation with no refund to the Guest.
All guests must adhere to Carnival’s environmental policy as follows: Any dumping or pollution of any kind including discharge of any item into the ocean and/or waterways is strictly prohibited. You will be strictly liable for any illegal dumping or pollution. Any willful or negligent act of discharging or releasing any unauthorized item overboard, without the express permission of the ship's staff may result in a $500 charge, per violation, posted to Guest’s Sail & Sign® account. Charges for violation of this paragraph will be made in the functional currency of the vessel. Additionally, Guest will be charged the reimbursement cost of any unauthorized discharged property belonging to Carnival and such charge will be posted to Guest’s Sail & Sign® account. Guest shall also be responsible for any fines or penalties imposed on Carnival by any government, governmental agency or official, port or port official, or for expenses or losses caused or incurred for Guest’s violation of this policy. Violation of this policy may result in the disembarkation of all guests in the stateroom. Guests who are disembarked for violating our environmental policy will be responsible for all financial charges and expenses to return home, and no refund of their unused cruise fare will be provided. Additionally, they may be prohibited from sailing with Carnival Cruise Line in the future.
Tampering with Life Saving Devices: Guest agrees to not tamper with or discard over board any life saving device such as, but not limited to; life rings and life jackets, unless in an emergency or instructed to do so by the ship’s master. Tampering with life-saving devices may result in a fine to the Guest.
Guest agrees not to engage in any lewd, lascivious, indecent, obscene, offensive, or outrageous behaviour while on board and specifically agrees that violation of this policy may result in confinement or debarkation from the vessel with no refund to the Guest and at Guest’s own expense for repatriation and travel. Furthermore, all guests should ensure their clothing and accessories are respectful to fellow guests. Specifically, items worn during the cruise should not contain any message that may be considered offensive or contain nudity, profanity, sexual innuendo/suggestions. In addition, clothing/accessories should not promote negative ethnic or racial commentary, or hatred or violence in any form.
Carnival has a “zero tolerance” policy toward any illegal activity or behaviour by Guests or crew aboard. Guest agrees to comply with this policy and further acknowledges that it is Carnival’s policy to report incidents of illegal activity or behaviour to the appropriate law enforcement authorities. Carnival Cruise Line will cooperate with relevant authorities in any civil or criminal proceedings sought by those agencies. For the safety of the vessel and of other guests and crew, Carnival reserves the right to confine any Guest who commits a crime on board until law enforcement authorities can be contacted and/or board the vessel.
22. ONBOARD ACCOUNT
Our ships operate on a ‘cashless’ system. When You check in, You will be asked to present a credit or debit card (Visa, MasterCard or American Express) which will be associated with Your onboard “Sail & Sign®” card. If You provide a credit or debit card, the total amount of charges incurred on Your Sail & Sign® card will be billed to the credit or debit card provided. Charges made on board to your Sail & SIgn® account will be made in the functional currency of the vessel, which may be differenc than the currency used to secure your booking. Once onboard, credit/debit card spending will be authorised with Your issuing bank and balance holds may be taken up to the amount of purchases; some banks may hold this for up to 30 days and this will reduce the amount of funds available on Your credit/debit card account. The cardholder is responsible for amended charges discovered after the authorised guest(s) disembarks the vessel. Account owners have access to view a current statement of charges via the Sail & Sign® Kiosk, Interactive TV System (IATV)(where applicable), or by requesting a printed copy at the Guest Services Desk.
By agreeing to the set-up requirements of Your Sail & Sign account, You acknowledge that, unless specifically requested, You will not receive on the last day of the cruise a refund of any cash overage in Your account that is AUD 5.00 or less. Of course, if You wish to receive a refund of the cash overage amount of AUD5.00 or less, You can retrieve it directly or submit an email to SSRefunds@carnival.com. While on board, You may cash out at any time via Our conveniently located Sail & Sign Kiosks. Cash refunds, not collected onboard, will be paid out to the account owner via check payable in Australian dollars. Mailed cash refunds are subject to a shipping and handling fee of AUD 3.00, which will be automatically deducted from the refund due; net payments will be processed no later than 30 days from settlement and mailed to the address of record provided at the time of booking.
Subject to applicable laws, service fees apply to all onboard credit card transactions. The service fee for Visa and Mastercard credit card transactions is 1.1%. For American Express the service fee is 2.3%. Service fees are subject to change and will be advised onboard.
23. ALCOHOL & GAMBLING
We are committed to the responsible service of alcohol. There may be times when We consider it appropriate to refuse the service of alcohol to a guest for any reason. For cruises departing in Australia*, guests must be 18 years or over to purchase or consume alcohol, or gamble onboard. Government issued photo identification may be requested (Queensland ‘Adult Proof of Age Card’ will be accepted, however the older version of Queensland ‘Card 18+’ will not be accepted).
Anyone who attempts to purchase alcohol by using false identification or the Sail & Sign® card of a guest who is eighteen or older will be deemed in violation of this policy. Any adult guest who attempts to or purchases alcohol for any minor guest will also be deemed in violation of this policy. Carnival has the right to disembark any guest who violates this policy as well as any adults traveling with minors who violate this policy or any other shipboard regulation.
Guests are prohibited from bringing alcoholic beverages on board. Any alcohol purchased in the vessel’s gift shops or at a port of call will be collected by Us for safe keeping and will be returned to You on the last day of Your cruise. Any uncollected alcohol will be discarded after the cruise and no compensation will be given.
* For sailings outside of Australia, the minimum age to purchase or consume alcohol onboard is 21.
Smoking is not permitted indoors on any of Our ships. This includes in guest rooms and on private balconies. For those who smoke, there are designated outdoor areas where smoking is permitted and this information will be communicated to You onboard. Electronic cigarettes can only be used in the designated smoking areas onboard.
The possession and use of recreational or medicinal marijuana and other illegal controlled substances is strictly prohibited onboard Our ships. In accordance with Carnival’s Smoking Policy any marijuana possession or use is strictly prohibited on all Carnival ships at all times, regardless of local, state, or other laws which might permit use or possession of marijuana. Carnival abides by U.S. Federal Law which prohibits the possession or use of marijuana on its ships for any reason. Any Guest who brings marijuana or any illegal controlled substances on board, in violation of Carnival’s policy or U.S. or international law, including any law of a port or the flag state, will be reported to local and/or Federal authorities and U.S. Customs & Border Protection for possible detainment and/or enforcement action. Carnival may deny boarding or disembark any Guest who brings or attempts to bring marijuana or any illegal substance on board with no refund to Guest and at Guest’s own expense for repatriation and travel. Guest agrees to strictly comply with Carnival’s Smoking Policy.
Any violation of Our non-smoking policy shall, in Our sole discretion, constitute a material breach of this cruise contract. In the event of a breach by You, You forfeit all rights hereunder, including the right to remain on board and We reserve the right to disembark You at any port. We will not be liable for any refund or other compensation or damages whatsoever should You be disembarked pursuant to this provision, or should any other guest disembark due to Your disembarkation. You further agree that any violation of the non-smoking policy would also cause Carnival to incur damages, including but not limited to, loss of guest goodwill, revenue, cleaning, maintenance and/or other costs. You expressly acknowledge the difficulty of ascertaining the amount of such damages, and therefore agree that a reasonable estimate of the damages for any violation of the non-smoking policy is $500. You authorise a charge in this amount as liquidated damages, as well as repatriation expenses (including airfare) against Your on board charge account, without further notice, for any violation of the non-smoking policy. Charges for violation of the smoking policy will be made in the functional currency of the vessel, which may differ rom the currency used to secure the booking.
25. LOST OR DAMAGED LUGGAGE AND PERSONAL BELONGINGS
Please make sure that all valuable and important items, such as jewellery, medicines, fragile items, and camera/computer/electrical equipment are carried in Your hand luggage and not packed in Your main luggage/suitcase or left unsecured in Your room or elsewhere onboard the ship. Once onboard, all valuables and important items should be stored in Your in-room safe.
In the event You lose any items onboard, please notify Reception immediately. If You have already disembarked please contact our Guest Care team. Due to hygiene reasons, any unclaimed clothing items will be destroyed at the end of the cruise. All other items not claimed within 3 weeks of the cruise return will be donated to charity or destroyed.
Where Consumer Laws and other laws permit us to exclude our liability, We will not be liable for loss of, or damage to, any luggage or other belongings, unless caused by our proven negligence or failure to provide services with due care and skill or that are reasonably fit for purpose
For cruises departing outside of Australia, it is stipulated and agreed that the aggregate value of Guest’s property, does not exceed $50 USD per Guest or bag with a maximum value of $100 USD per stateroom regardless of the number of occupants or bags and any liability of Carnival for any cause whatsoever with respect to said property shall not exceed such sum, unless the Guest shall in writing, delivered to Carnival, prior to embarkation, declare the true value thereof and pay to Carnival prior to embarkation a sum equal to 5% of the excess of such value. If Carnival shall be held liable for the loss of or damage to Guest’s baggage or property it is agreed that such liability shall not exceed the lesser of: (1) the actual cash value, or (2) value declared in the manner above provided (up to U.S. $100 USD if no such declaration has been made). Declared value amounts to be proportionately reduced in any case where less than all of Guest’s baggage or property is lost, delayed or rendered unusable due to damage. In no event shall Carnival be liable to pay any compensation if the nature or value of the property has been misrepresented.
26. YOUR HEALTH
You warrant that You are medically and physically fit for travel, and that such travel will not endanger yourself or anyone else.
Our medical centres are not required to be and are not equipped to the same standards as a land based hospital nor are they designed for the provision of extensive or continuing treatment. It is up to You to ensure that if You require doctors clearance to travel that You obtain that clearance. We may request that You provide such clearance to Us at any time.
If a guest has a condition that We decide may seriously affect the enjoyment, health or safety of themselves or any other person onboard, We can refuse or cancel a booking. Such decisions will be made giving reasonable consideration to Your circumstances and We will advise You of Our decision as soon as possible. Where Your booking is cancelled You may be entitled to a refund. Guests with restricted or limited mobility, and those with medical conditions must be self-sufficient or travel with a carer or someone who can assist with day-to-day activities. Our crew and medical staff are unable to act as personal carers.
We care about the health and safety of Our guests. If You or anyone from Your travelling party has a physical disability or medical condition which may require special assistance during the voyage, please advise Us at the time of booking; failure to do so may release Carnival from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. To better assist You, if You have a medical condition that requires medical attention, medication, or special treatment, We may ask You to complete a health questionnaire.
Guests who are bringing a wheelchair or mobility aid onboard must advise Us at the time of booking. You must provide Your own wheelchair or mobility aid and must ensure it can be stored inside Your cabin. Limited areas of the ship may not be wheelchair accessible. Please note that some ports can only be accessed using the ship’s tenders. Tender boats and tender ports are generally not accessible to guests who use a wheelchair or with significant mobility impairments.
27. ONBOARD MEDICAL CENTRE
Each ship has a Medical Centre that is staffed by registered doctors and nurses, who, in addition to routine clinic hours, are available 24 hours a day in the event of an emergency. All of Our medical centres are well equipped to handle most medical conditions and are accredited to international healthcare quality standards.
All cruises on Our ships are outside the scope of Australian Medicare, New Zealand Accident Compensation Corporation and private health insurance. Consultations, treatments and medication are charged at private rates and must be paid by You and claimed through Your international travel insurance.
While all of Our medical centres are equipped to handle many medical conditions, there may be occasions where it becomes necessary to disembark or evacuate a guest to receive further essential medical treatment. To ensure guest safety, this decision will be made by the onboard doctor and the Captain.
All of Our medical centres are only for medical needs arising onboard and cannot cater for treatments that You know You will require while on holiday.
We are not a healthcare provider and may not be held liable for the sickness, injury or death of any guest arising from any advice, treatment, care, services or any omission by medical staff. These medical providers exercise their own medical judgement and expertise.
28. OTHER SERVICE PROVIDERS
While We specialise in cruising holidays, You may choose to book other services through Us such as shore tours. We can assist You in making these arrangements; however, We act only as a booking agent. The service providers are solely responsible for the information and service offered and their conditions will apply. Where possible, We will assist in addressing any concerns You may have with these service providers.
Any arrangements made with other service providers by or for You are Your responsibility and entirely at Your own risk.
In the event that You go ashore You do so at Your own risk. You are responsible for adhering to the local laws, regulations and customs. We take no responsibility for any injury or loss that occurs while You are not onboard the ship.
29. TRAVEL RESTRICTIONS AND RIGHTS OF THE CAPTAIN
During the cruise the Captain will exercise complete control over the ship and take such actions as he or she thinks necessary to preserve the safety and integrity of the ship and the comfort, safety and enjoyment of the guests and crew.
You are responsible for ensuring that no travel restrictions apply to You. If police or any other authority in any jurisdiction notify Us of, or We otherwise become aware of, any matter that reasonably causes Us to believe Your presence onboard presents a risk to Your own health or safety or the health or safety of other guests and crew, we, or the Captain, may deny You boarding and may refuse or cancel any bookings from You.
Once the cruise has commenced, if a guest seriously affects the safety, well-being or enjoyment of themselves or any other person onboard, the Captain has the right to confine, sedate or disembark the guest. In such cases, We are not responsible for any expenses including Your return home. In addition, You will not be entitled to any refunds. While the Captain will always act reasonably in these circumstances, You accept that the safety, well-being and enjoyment of everyone onboard, comes first.
30. LEAVING THE CRUISE EARLY
You agree to return to the ship not less than 30 minutes before the scheduled departure time. Shipboard and shore side clocks may have different times, but it is Your responsibility to return to the vessel so as not to miss ship’s departure.
If You are required, or choose, to leave the cruise for any reason (unless caused by Our proven negligence or failure to provide services with due care and skill and that are reasonably fit for purpose), We are not responsible for any expenses, including Your return home. This also applies if You do not return to the ship in time for sailing after a port visit. If We assist with any costs, You will be required to reimburse us. In addition, You will not be entitled to any refunds.
It is important to be aware that it will not always be possible to leave a cruise early, even when on an Australian domestic itinerary. Some Australian ports have strict border and quarantine restrictions which prevent cruise ship guests from discontinuing the cruise in that port, even if they are an Australian passport holder. Many international ports also have strict border restrictions and visa requirements.
For cruises departing in the United States: The Passenger Vessel Services Act (PVSA) prohibits the transportation of passengers between two different U.S. ports. Guests cannot pre-plan to embark and disembark at different U.S. ports or otherwise purposefully cause a violation of the PVSA. Any guest who, due to emergencies or other unforeseen circumstances, insists on embarking or disembarking the vessel at a different port than planned, which results in a violation of the PVSA, will accept responsibility for any resulting penalties ($798 USD per person in 2019, but subject to change each year).
31. LIMITATION OF LIABILITY
Limitation of liability for Recreational Services
Save for liability for significant personal injury caused by Reckless Conduct by Us or Our servants or agents, We exclude liability for all Excluded Recreational Liabilities arising out of the supply of Recreational Services.
In this clause:
Our liability will be reduced in proportion to any negligence or fault on Your part.
Notification of Claims
You agree to use all reasonable efforts to report any complaints or claims onboard, or otherwise bring the matter to Our attention as soon as possible. You acknowledge that failure to bring any matter to Our attention whilst onboard will limit Our ability to investigate the matter following Your cruise.
These Terms and Conditions must, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true interpretations or construction is held to be illegal, invalid or unenforceable:
A. that provision must so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
B. if the provision or part of it cannot effectively be read down, that provision or part of it will be deemed to be void and severable and the remaining provisions of these Terms and Conditions will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or unenforceability.
33. CHOICE OF LAW & JURISDICTION
This contract is governed by the laws in force in New South Wales. You agree that any action You bring against Us will be brought in Australia and will be subject to New South Wales law. If You have a claim against Us, You agree only to bring an action against Us and not any of Our related bodies corporate as defined in the Corporations Act 2001 (Cth).
Privacy laws safeguard Your personal details.
During the booking process and Your cruise holiday, We ask for personal information about You. By providing this information, You authorise Us to handle Your personal information in the ways indicated below:
To collect personal information within the meaning of the Privacy Act 1988 (Cth) about You:
Where lawful and reasonably necessary to perform Our functions or activities, We may be required to collect sensitive information including, information about health, race and criminal record.
To disclose Your personal information:
Where lawful We may also be required to disclose sensitive information about You to the entities listed above.
To use and disclose Your personal information, and, where lawful, Your sensitive information:
Where Your onboard expenses are charged to someone else’s credit card – to deliver onboard account statements regarding those expenses to the credit card holder
Where We need to disclose Your personal information to someone who is not in Australia – to transfer Your personal information outside Australia
Where We need to disclose Your health information to someone who is not in New South Wales or to a Commonwealth agency – to transfer Your health information outside New South Wales or to the Commonwealth agency
In the event that You lodge a complaint or claim about any matter with or in relation to Us – to use and disclose Your personal information for the purpose of reporting, assessing, investigating, processing, responding to and resolving Your complaint or claim, including disclosures to relevant government departments/agencies/bodies, courts/tribunals, Your Travel Agent, any authorised representative acting on Your behalf and lawyers. You also authorise Us to collect from any third party sensitive information about You within the meaning of the Privacy Act 1988 (Cth), and for any third party to disclose personal information about You to us, for the above-mentioned purpose.
For the safety and security of Our guests and crew, We use Closed Circuit Television (CCTV) to monitor and record public areas onboard all Our ships. In addition, shipboard crew may use body mounted cameras for security purposes. This footage and any accompanying audio recording is confidential and is not available for viewing, unless required or permitted by law. We are not responsible for any consequences arising from the viewing or other use of this footage.
In these Terms and Conditions:
"CCA" means the Competition and Consumer Act 2010 (Cth)
"Consumer Guarantee" means right or guarantees a guest may have under Consumer Laws or other rights in relation to the supply of goods or services that cannot lawfully be excluded or limited
“Consumer Laws” means schedule 2 of the CCA and any equivalent Australian or New Zealand state or territory legislation
“Consequential Loss” means any loss or damage suffered by a guest or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity
"Excluded Recreational Liabilities" means liabilities described in section 139(3) of the CCA which, without limitation, includes liability for death, physical or mental injury, or contraction or aggravation of any disease
“Functional Currency of the Vessel” is the jurisdictional currency of the vessel used for onboard purchases and transctions
"Reckless Conduct" has the meaning set out in section 139A(5) of the CCA; and
"Recreational Services" has the meaning set out in section 139A(2) of the CCA.
Updated February 2020