The following Terms & Conditions form the basis on which any NCL reservation may be accepted and constitute the Contract of Carriage.
Please read them carefully
The contract
The Contract is between the Guest and NCL (Bahamas) Ltd (“NCL”). NCL is a limited liability company incorporated in Bermuda, with its head office in Miami, Florida, USA and registered as a branch in England and Wales. Its office in England is at 1 Derry Street, London W8 5NN. Correspondence or notices in connection with the Contract should be sent to NCL at this address.
In these Terms & Conditions: “Guest” means every person who makes a reservation or for whom a reservation is made; “Holiday” means the holiday purchased by or for the Guest from NCL including any changes made within these Terms & Conditions; “Vessel” means the cruise ship that is the vessel of carriage for the Holiday; “the Contract” means the Reservation Information provided by or on behalf of the Guest, NCL’s acceptance of the reservation, and the terms contained within the current NCL brochure featuring the Holiday (including the Terms & Conditions), together with any amendments agreed in writing and signed by a duly authorised representative of NCL. The Contract shall constitute the entire agreement between NCL and the Guest, save that the Holiday is arranged with others (the “Suppliers”) for whose proper performance NCL is responsible subject in addition to any relevant Suppliers’ Terms & Conditions, copies of which may be obtained from the relevant supplier’s website or on request.
In case of conflict between such Terms & Conditions and the Contract, including any conflicting provisions relating to jurisdiction and/or law, the Terms & Conditions of the Contract will prevail.
Reservation and Payment
No contract shall exist until the Guest has accepted the terms of the Contract, including these Terms & Conditions and confirmed this by a method acceptable to NCL, and NCL has accepted the reservation and confirmed the reservation number. On acceptance of a reservation more than 60 days before commencement of the Holiday a minimum deposit is payable of £200 per person*. Full payment of any outstanding amount must be made to NCL by 60 days** before the commencement of the Holiday. On acceptance of a reservation within 60 days of the commencement of the Holiday then full payment is due immediately. Any money due under the Contract must be paid in sufficient time for it to reach NCL by the due date. If money is not paid to NCL on time then NCL has the right to cancel the reservation and make a charge equivalent to the deposit plus any Cancellation Charge payable at the date of cancellation.
*Higher deposits of £400 per person for “Fire and Ice” Holidays and 20% of the total fare for Garden Villas are required.
**Full Payment for Garden Villas is required by 90 days before the
commencement of the Holiday.
Should an alteration be made to the reservation following a request of the Guest that is accepted by NCL, a non-refundable administration fee of £35 per change per Guest will be payable in addition to any applicable charge made by any relevant Supplier.
Cancellation by the Guest or by NCL for
Non-Payment or Late Payment
In case of cancellation of the Holiday by the Guest after a reservation has been made, notice of the cancellation must be given to and received by: Guest Services Department, NCL (Bahamas) Ltd, 1 Derry Street, London, W8 5NN Tel: 0845 658 8140 Fax: 020 7591 6215, e-mail: longuestservices@ncl.com. Upon cancellation of any reservation by the Guest, or by NCL for non-payment or late payment, written confirmation will be sent to the Guest and a Cancellation Charge will be payable to NCL as set out in the following table, subject to a minimum of the deposit amount.
All travel documents must be returned before a refund can be processed. In the event of accommodation becoming single occupancy as a result of cancellation by one or more Guests, in addition to the above charges, the fare for the remaining Guest(s) travelling will be based on the current single occupancy rate and not the original multiple occupancy rate.
Guests who do not take their full holiday are not eligible for refund for any unused element, including but not restricted to any cruise portion, hotel accommodation, land based programme, flights or transfers. The Guest is bound by any restrictions relating to air travel and air tickets. Fares shall be considered fully earned upon the commencement of the Holiday and are non-refundable except as otherwise provided in these Terms & Conditions.
Travel Insurance
Guests are required to take out travel insurance for all travel, cancellation and medical liabilities. Any arrangements for travel insurance are made directly with the insurers and/or their representatives and not NCL, even where insurance is paid for via NCL. NCL has no responsibility or liability in connection with travel insurance or any arrangements made for such insurance or relating to claims under such insurance.
Excursions
Optional excursions, land-based tours or programmes may be available during the Holiday. These do not form part of the Holiday provided under the Contract where they are sold by or on behalf of an operator of the excursion, tour or programme other than NCL. However, these Terms & Conditions apply to all excursions, tours or programmes which are sold as part of the Holiday provided under the Contract and/or for which NCL is deemed responsible. Goods and services may be available during the Holiday that are not part of the Holiday sold. NCL has no responsibility for such goods or services where not provided by, or on behalf of, NCL.
Flights
NCL holiday schedules and itineraries may be planned based on expectations of flight availability at the time of planning. If flight availability or schedules change or if flights do not operate on time, then the Holiday may have to be altered, but such alteration will not amount to a material alteration of the Holiday. Where flights form part of the Holiday provided under the Contract, details of which aircraft operator will be used for the Holiday, the type of aircraft operated, and the routeing of aircraft cannot always be given at the time of reservation and may be subject to change. Furthermore, where flights form part of the Holiday provided the liability of NCL to the passenger shall never exceed the carrier’s liability under the applicable convention (and see under “The Contract” above and “Liability” below). NCL has no responsibility or liability with respect to flights that do not form part of the Holiday.
Embarkation Times and Travel
Arrangements Outside NCL Holiday
Guests shall board the Vessel not less than one hour before the scheduled departure time at the embarkation port. In all ports of call Guests shall return to the Vessel in time to board not less than one hour before the scheduled departure time. It is the responsibility of Guests to return to the Vessel so as not to miss the Vessel’s departure and to take account of any difference between the time on shipboard and shore side clocks. If Guests do not arrive to embark on time at any port or place then NCL shall have no liability in respect of the consequences, NCL shall not be obliged to delay or deviate from the intended itinerary and the Guest shall bear any and
all costs arising as a result. Costs associated with transportation to rejoin the ship such as, but not limited to, government fees, visa fees, subsistence, lodging, air fares, launch fares, car hire
or agency fees shall be borne by the Guest.
NCL shall have no responsibility in respect of any travel arrangements that are not part of the Holiday provided by NCL under the Contract. NCL will not be liable for any loss, damage or expense caused in connection with such travel arrangements even if caused by a change of itinerary or delay in disembarkation or any other delay or alteration of the Holiday.
Non-material Alteration by NCL
NCL holidays are planned far in advance. Changes to the Holiday, including changes to times and places of arrival and departure of flights and cruise ships and land based programmes, may be made for reasons including, but not limited to, operational matters, weather and sea conditions, the safety, comfort or enjoyment of guests, or reasons beyond NCL’s control. In case such changes are made NCL will endeavour to ensure as far as reasonably practical that they are as limited as possible commensurate with maintaining the quality and character of the Holiday and will endeavour to give notice of such changes at the earliest practical opportunity. Such changes will not amount to material alteration of the Holiday.
Cancellation and Material Alteration by NCL
NCL shall at any time be entitled to cancel or materially alter the Holiday in circumstances where the Holiday is or may be affected by force majeure, including (without limitation) war or threat of war, riot, civil commotion, disaster, act of God, terrorist activity, natural and nuclear disaster, fire, technical problem with transport, closure of port, strike or other industrial action, or any other event whatsoever outside the control of NCL. In the event of NCL cancelling or materially altering the Holiday in accordance with this paragraph (see under “Non-material Alteration by NCL” above for changes to the Holiday that do not amount to material alteration) prior to departure, the Guest shall be entitled either to accept any alternative or altered holiday offered by NCL or not to travel and receive a refund of all sums paid to NCL. Otherwise no compensation shall be payable.
NCL may also without notice at any time prior to departure cancel or materially alter (see under “Non-material Alteration by NCL” above for changes to the Holiday that do not amount to material alteration) the Holiday in circumstances which do not amount to force majeure as described in the preceding paragraph. In this case NCL will inform the Guest as soon as is reasonably practical and (if available) offer the Guest an alternative holiday and/or if appropriate, reasonable compensation. The Guest may elect either to accept any such alternative or to cancel and receive a refund of all sums paid to NCL. No further compensation shall be payable.
Interuption or Alteration during Holiday
Subject to the overriding provisions of the paragraphs above relating to Non-Material Alteration and Cancellation and Material Alteration by NCL, if the Holiday is interrupted or significantly altered, NCL will make suitable alternative arrangements for its continuation. If it is not possible to make such alternative arrangements or the Guest does not accept the alternative arrangements for good reason, NCL will provide the Guest with equivalent transport back to the place of departure, or such other place as the Guest may reasonably wish and NCL will make a pro rata refund to the Guest based upon the number of whole days, if any, by which the scheduled duration of the Holiday is shortened by more than 24 hours. No further compensation shall be payable.
Fares and Extra Services
Published fares including those in any brochure or other publication may be subject to increase or decrease at any time.
Not later than 30 clear days prior to the scheduled sailing date, NCL may alter the fare specified at the time of reservation in order to take into account changes in the cost of providing the Holiday caused by variations in certain transport costs, including fuel costs, dues, taxes, fees or exchange rates save that NCL shall absorb the first 2% of any increase in the fare specified at the time of reservation. Any increase in the fare equivalent to 10% or more will be regarded as a material alteration and thereby give rise to the right of the Guest either to accept any alternative or altered holiday offered by NCL or not to travel and receive a refund of all sums paid to NCL. Otherwise no compensation shall be payable.
Services and goods provided during the Holiday and any port or airport charges and taxes which are not included in the original Holiday price must be paid by the Guest. Where such services or goods are provided on board the Vessel payment must be made before the Guest leaves the Vessel.
Without prejudice to any lien over the Guest’s goods, the Guest agrees that NCL shall be entitled to prevent any baggage or goods belonging to, or travelling with, the Guest from leaving the Vessel until all sums owed to NCL by the Guest have been paid.
Travel Documents and Medical Requirements
Upon embarkation, the Guest shall have received all medical inoculations necessary for the Holiday and shall have available for production as required during the Holiday: the passage tickets, valid as required for the Holiday, passport, visas, medical card and other documents necessary for all transportation and places to be visited including the scheduled ports of call and disembarkation. Notwithstanding any advice or information provided by or on behalf of NCL from time to time, responsibility for establishing and complying with all entry requirements lies solely with the Guest. The Guest shall be responsible for and keep NCL, the Suppliers and any third party indemnified in respect of any liability loss damage or expense arising out of any failure to comply with such requirements.
At any port or place NCL may refuse to embark or may disembark any Guest who, in the opinion of the Master, Chief Purser, or other authorised Ship’s Officer, might be excluded from landing at destination by Immigration or other Governmental Authorities or who may be suffering from contagious or infectious disease or whose presence, in the opinion of the Master, may be detrimental to the comfort or safety of other Guests or the crew. In such cases the Guest shall not be entitled to any refund of fare or compensation of any kind. In cases of quarantine of the Vessel involving detention of the Guests, each Guest must bear all risk and expense thereby caused and will be charged for food and accommodation during the period of detention, payable day by day, if maintained on board the Vessel, and for all other quarantine fees and expenses assessed or incurred in respect of the Guest.
Disability, Mobility and Special Care
The Guest must be physically fit to undertake the Holiday and gives a warranty that this is the case. Guests must be self sufficient and/or should travel with a companion to provide any assistance needed during the Holiday. The Guest must give notice on making a reservation and/or as required otherwise in writing directly to NCL of any physical disability, mobility problem or other condition requiring special care, attention or treatment or which might influence insurers in the acceptance or assessment of insurance. If any such disability, mobility problem or condition arises after the reservation has been made then notice must be given to NCL as soon as possible. NCL may require a doctor’s certificate or other documentation, information, or waiver relating to such disability, mobility problem or condition as it considers necessary. Boarding may be denied if proper notice of any physical disability, mobility problem or other condition is not given or if NCL is not satisfied that the safety, comfort and well-being of the Guest and any other Guests can be guaranteed. In the event of denial of boarding of the Vessel, NCL may at its absolute discretion refund all or part of the cruise only fare (being the fare for bare passage on the Vessel which forms part of the total Holiday price), but otherwise no refund will be payable by NCL. Expectant mothers in or over their 24th week of pregnancy cannot travel on board the Vessel. Infants under the age of six (6) months at time of embarkation are not permitted on board the ship
Allocation of Accommodation
NCL shall have the right to change the accommodation offered to the Guest, including making a change of cruise ship or hotel, provided that the standard and type of accommodation are essentially the same or better than that (if any) confirmed by NCL at the time the reservation was made. If NCL is unable to offer such alternative accommodation, the Guest shall have the right to accept any alternative accommodation offered by NCL and, if appropriate, reasonable compensation, or terminate the Contract in which event there shall be a refund equivalent to the unused portion of the cruise only fare, if any, but no further compensation.
Guest’s Property
The Guest is subject to any and all baggage restrictions made by all carriers during the Holiday, including air and land carriers. The Guest is responsible for checking these prior to departure and accepts responsibility for any baggage disallowed or additional charges caused by restrictions including any excess baggage charges levied by any air carrier. NCL’s requirements for cruises are as follows. Only such personal wearing apparel, effects and gifts as are appropriate for the cruise may be brought on board by the Guest. Each Guest may bring on board baggage weighing up to a total of 200lbs. Each piece of baggage must be distinctly labelled with the Guest’s name, Vessel name, cabin number and sailing date. No individual piece may exceed 4ft in any one dimension. Any Guest wishing to bring on board baggage in excess of 200lbs must seek prior approval from NCL.
The Guest must not carry firearms, explosives, inflammable materials or other hazardous items. Any such items or noxious substance in the Guest’s possession on embarkation shall immediately be surrendered to an appropriate member of staff and may be confiscated, destroyed or surrendered to authorities. The Guest shall not bring on board any intoxicating liquors or beverages. Any such items in the Guest’s possession on embarkation shall immediately be surrendered to the Vessel’s Master for the duration of the voyage and may be returned to the Guest on disembarkation. The Guest shall have no claim for any loss or inconvenience incurred.
The Vessel’s Master or any crew member acting under the authority of the Master shall be entitled to enter the Stateroom occupied by the Guest at any time for the purposes of searching for controlled or prohibited substances or for purposes connected with repair, maintenance work, security or safety. The Guest agrees to submit to any personal search or search of baggage and goods where such search is reasonably required by NCL or any Supplier in the interests of security or safety, or any third party acting with governmental authority.
The Guest shall place baggage not retained in a Stateroom in the Vessel’s baggage room or safe and shall obtain a receipt from NCL.
During any transfer of baggage, including upon departure from any hotel or airport, arrival at any new destination or upon change of vehicle or means of transport, responsibility for identifying baggage belonging to the Guest and ensuring that it is dealt with as may be appropriate for delivery to the next destination lies with the Guest. Any property left on a Vessel
at final destination may be stored and repatriated at the Guest’s expense.
Pets, birds, livestock and other animals are not allowed on board the Vessel. Guide dogs are permitted.
Guests shall neither pay nor receive any general average contribution with respect to any property.
Indemnity
The Guest shall indemnify NCL for any expense incurred which is not included in the original Holiday price including (without limitation) expenses relating to medical, dental or similar treatment, accommodation, transportation, repatriation or damage to property.
Every adult Guest (aged 21 years and over) travelling with a minor Guest (aged 20 years and under) shall be responsible for the conduct of such minor Guest. The adult Guest shall indemnify NCL in respect of all liabilities and amounts payable in respect of such minor Guests in accordance with these Terms & Conditions.
Deviation
In all situations the Vessel shall have liberty to proceed without pilots. The Vessel shall also have liberty to deviate from the advertised route and to call (or omit to call) at any port or place to tow and assist vessels and to offer or render assistance to preserve life or property for any other reason or purpose which in the judgment of the Master (whether alone or acting on advice from others) is reasonable including, but not limited to weather conditions, operational matters, the medical condition of anyone on board or the safety, comfort or convenience of guests. Such deviation shall not give rise to any liability on the part of NCL and shall not represent a material alteration of the Holiday.
Liability
The liability of NCL, the Suppliers, and any other parties involved in supplying services in connection with the Holiday may be limited by international conventions including conventions relating to the carriage of passengers and their luggage by air, land and sea and/or the provision of accommodation including the Warsaw Convention of 1929 on international carriage by air, the Berne Convention of 1961 on carriage by rail, the Athens Convention of 1974 on carriage by sea and the Paris Convention of 1962 on the liability of hotel-keepers. NCL shall be entitled to the maximum protection allowed by law under such conventions or otherwise in respect of their liability or any limitation on damages recoverable.
The liability of NCL for loss of life or injury to a Guest or for loss of or damage to baggage during the Holiday, wherever and whenever occurring, shall in no circumstances except by force of law exceed the limits of liability as provided under the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (1974). In the case of loss or damage to the luggage of any Guest liability is limited to the maximum amounts specified in Articles 7 and 8 of the Convention save in the case of valuables (as defined in Article 5 of the Convention) where no liability is accepted unless such valuables have been deposited for safe keeping in which case liability will be limited as provided for in Article 8(3) of the Convention.
NCL shall not be liable in respect of consequential loss or damage or in respect of claims for detention, delay or overcarriage however caused, save that in the case of loss to the Guest caused by delay solely attributable to the fault of NCL, NCL may reimburse expenses unavoidably incurred up to a maximum of 10% of the fare paid.
It is expressly agreed that no servant or agent or supplier of NCL (including the Suppliers and any other contractors whose services are used by NCL) shall in any circumstances be under any liability to the Guest exceeding that of NCL while acting in the course of or in connection with his/her employment, agency or supply of goods or services; and every such servant, agent or supplier (including the Suppliers and any other contractors) shall be entitled to rely on every exemption, limitation, condition and liberty, and every right, exemption from liability, defence and immunity applicable to NCL; and for these purposes NCL is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be its servants, agents or suppliers (including the Suppliers and any other contractors) and all such persons are or to this extent shall be deemed to be parties to the Contract.
Actions, Claims and Time Limits
All baggage shall be presumed undamaged during carriage or storage by NCL, any Supplier or other third party unless written notice is given to NCL: in the case of apparent damage, within 24 hours of delivery or redelivery to the passenger, or in the case of damage which is not apparent or of loss, within 15 days from delivery or redelivery to the passenger or from the time when such redelivery should have taken place.
Any matter which gives rise to a problem, complaint or claim, or might do so, must be notified to the ship management or other supplier of services at the earliest possible opportunity. If the matter cannot be rectified immediately, NCL must be notified in writing as soon as possible. Failure to give such notice of a problem, complaint or claim may mean that the matter cannot be properly investigated or rectified, and this may affect the Guest’s rights.
In any event, notice of any possible claim must be given to NCL within 21 days after completion of the Holiday.
Any claim shall be time barred if proceedings are not brought within two years from the date of the incident giving rise to the claim, or in the case of a claim governed by the Athens Convention or any other applicable Convention relating to carriage by air, land or sea, within the period specified in the applicable Convention.
In appropriate cases a Guest who has not been able to settle any claim may consider agreeing with NCL to refer it to the Passenger Shipping Association for conciliation or, subject to maximum claim limits, to arbitration.
The Contract shall be governed in all respects by the laws of England and Wales and any claim against NCL shall be subject to the jurisdiction of the Courts of England and Wales.
Personal details will be held as data to enable NCL to fulfil the Contract to supply the Holiday. This may involve passing these details on to third parties. Personal details supplied to NCL may also be used for marketing purposes. Personal details will not be disclosed to third parties outside the NCL group for marketing purposes without the Guest’s express permission. Telephone calls to NCL may be monitored or recorded for the purposes of training, accuracy, and quality assurance.
The fares published in any brochure or other publication are guideline prices only, subject to availability and correct at the time of release. They may be subject to increase or decrease at any time.
NCL reserves the right to pass on any increase in the cost of transportation, taxes, or accommodation or extra cost due to exchange rate changes, subject to the Terms & Conditions.
For your complete financial protection NCL is bonded with the Passenger Shipping Association and Civil Aviation Authority, (ATOL 2752). We are also bonded with the Federal Maritime Commission in the USA.
Cruise itineraries, land and flight arrangements were all correct at time of release. In the event that it is necessary to make changes we will always try to advise you in advance, but this cannot be guaranteed.
Where a flight inclusive holiday is booked through a travel agency then any money you pay to the agency under or in contemplation of the Contract is held by the agency as agent for NCL until it is paid to NCL. Where the Holiday does not include flights, money paid to a travel agency or other third party is held on your behalf until such time as it is paid to NCL.
Immigration and Health
All adult UK Guests should hold a full 10-year UK passport valid for 6 months after the scheduled return date. All children from new born to the age of 15 must have their own individual child passport, also valid for 6 months after the scheduled return date. NCL may give general advice to UK citizens as to current visa requirements; however responsibility for establishing and complying with all entry requirements (including all current immigration and health requirements) lies solely with the passenger. If you are not a UK citizen, please check passport, visa and any other entry requirements with your own country’s embassy.
Attention is drawn to the following:-
Current entry requirements for minors into Canada and the U.S. - Adults travelling with minors into the U.S. that are not the minor’s parents or legal guardian must be in possession of a notarised parental/guardian consent letter that authorises the minor’s travel and medical treatment in cases of emergency. Minors under 18 not travelling with both parents into Canada must have in their possession a notarised letter, which includes the actual dates of travel and signatures of both parents, indicating the name of the person(s) with whom the minor is travelling, and granting them permission to escort the minor.
All Guests intending to travel to the USA on the Visa Waiver Programme (“VWP”) will be required to present a valid Machine Readable Passport. In addition, children travelling on VWP will no longer be eligible to travel to the USA on a parent’s passport and will be required to hold their own valid Machine Readable Passport.
Vaccination and other health requirements are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than six weeks prior to departure to ensure that you have met the necessary requirements.
All information correct at time of release -
December 2006 - but subject to change.
