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Choose Cruise Experthttps://www.carnival.com.au/legal/cruise-ticket-contract
1. Introduction.
These are
the terms and conditions (“Terms and Conditions”) under which you book your
cruise holiday and travel on any Carnival Cruise Line’ product we sell you. You
are bound by these terms and conditions, so it is important you read them
carefully. Certain laws such as the Competition and Consumer Act 2010
(Cth) and any applicable state based consumer legislation (from here on known
as ‘consumer laws’), are in place for your protection. They are designed to
ensure cruise line services are provided with due care and skill and are
reasonably fit for a cruise holiday. Many consumer laws cannot legally be excluded
or limited. These ‘Terms & Conditions’ do not alter any protection given by
such consumer laws. All prices are correct at the time of publication and
are quoted in Australian dollars, unless otherwise noted.
2. Cruise
Itineraries are not guaranteed.
Many
factors may affect cruise line ability to provide any particular itinerary.
These include weather, mechanical difficulties, civil unrest or other
unforeseen circumstances. The cruise line agrees to use reasonable endeavours
to provide a cruise in accordance with the published schedules and itineraries.
However, cruise line does not guarantee itineraries and they do not form part
of your contract with the cruise line. If the cruise line is unable to operate
in accordance with the published itinerary, the cruise line may in some
circumstances offer you assistance or compensation in accordance with clause
26.
3.
Bookings.
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.
4. Your
agreement with the cruise line.
When you
first make a payment towards your cruise holiday, you represent that you have
the authority from all passengers on your booking(s), to accept the ‘Terms
& Conditions’ on their behalf. Parents/Legal guardians accept the ‘Terms
& Conditions’ on behalf of their children, including those who travel in a
separate cabin. Once the cruise line has received a payment on a booking, an
agreement on these ‘Terms & Conditions’ becomes effective between all
passengers on the booking(s) and Carnival plc.
5.
Payments.
Once you have decided on your
holiday, the cruise line will need a deposit to secure your booking. If full
deposit is not received within the designated period of time, your booking will
be automatically cancelled. 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, the cruise line may release promotional fares that have
different payment conditions. Please ensure you check the payment conditions at
time of booking. 1-6 day cruises: deposit of $150 is required, final balance
due within 75 days of departure. 7-16 day cruises: deposit of $250 is
required, final balance due within 75 days of departure. 17+ day cruises:
deposit of $400 is required, final balance due within 75 days of
departure. Children under 12 years pay 50% of the required deposit. Final
payment is due 75 days prior to departure.
6. Travel insurance.
We strongly recommend you
purchase appropriate international travel insurance as soon as you pay your
deposit. If you do not purchase 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.
7. Cancellation and refunds.
Reservations will be held
until 30 minutes prior to departure. No refunds will be made in the event of
"no shows", unused tickets, lost tickets, interruptions, partially
used tickets, or cancellations received less than 14 days prior to departure or
after the start of the cruise. For cancellation charges related to group
bookings, partial ship charters or full ship charters refer to your charter
contract or group booking agreement for terms and conditions. The refunds
or cancellation charges that will be payable depend on the amount of notice you
give us, as follows:
Days Prior |
Cancellation Charges |
181 days or more |
0 |
180-76 days |
deposit amount |
75-43 days |
25% of total fare |
42-15 days |
50% of total fare |
14 days or less |
100% of total fare |
'Total fare' is the total
amount payable to cruise line for your booking. Any additional fees charged by
airlines due to cancellation, will also be passed onto guests. Please
note, promotional fares may have different cancellation and refund conditions.
Please ensure you check these at time of booking.
8. Changing your cruise
holiday.
We understand that on occasion
you may need to change your travel plans. When that happens, the following
applies. You are entitled to "one free change" to a different cruise
under the following terms:
Days Prior |
Option |
121 days or more prior to
departure |
One free change to a
different Carnival cruise departing from Australia. |
120 days or less prior to
departure |
Cancellation charges apply |
9. Fare.
Your fare
is determined by the fare type, the number of guests in your stateroom, its
location on the ship, the amenities offered, port charges, government taxes 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, your fare is only subject
to any increased taxes. You will be notified of this before it is added to your
fare or to your on board account.
10. Fare
changes.
Sometimes
the cruise line 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 ‘Cancellation
& Refunds’ policy will apply.
11.
Stateroom changes.
When
making a booking with a specific stateroom number, please advise us or your
Travel Agent if you do not want your stateroom 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 that Carnival reserves the right to
move you from a previously assigned stateroom for operational reasons, which
include and are not limited to the following: when the number of people booked
in the stateroom is less than the number of beds in the stateroom, or to accommodate
a guest with a special medical condition; disabled guests have priority over
staterooms designed for the physically disabled. In addition, when a
booking is made and a specific stateroom number is not selected (known as a
‘Guarantee’), the stateroom will be allocated at our discretion in the category
booked, or a higher priced category, at a later date, up to departure.
12. Fuel supplement.
Cruise line 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.
13. Booking changes.
Once you have made your booking,
please check your invoice 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 applicable cancellation
charges. 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.
14. Minimum age to travel.
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:
For cruises departing from an Australian port between
1 November and 7 January, any passenger under 19 years of age on the day they
board the cruise, must travel in the same stateroom as a responsible adult 19
years or older. In addition, from 8 January to 31 January, there is a limit on
the number of passengers under 19 years of age who can travel unaccompanied.
Once the limit is reached, a responsible adult 19 years or older must travel in
the same stateroom. 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. The responsible adult is accountable for
passengers under 19 years of age in their stateroom for the duration of the
cruise, and the ‘Rights of the Captain’ will be applied to anyone who displays
disruptive behaviour.
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 (international cruises) and 6 months (domestic cruises) due to
limited neo-natal facilities on board and at ports of call.
15. Children & teenagers.
Parents/Legal guardians are responsible for children
and teenagers at all times. If a child or teenager displays dangerous or
disruptive behaviour, the ‘Rights of the Captain’ will be applied to both
parent/legal guardian and child/teenager. 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.
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 the cruise line 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.
16. Children centres.
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.
Baby Sitting:
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.
17. Requirements to travel.
Responsible Party:
To ensure that your holiday
goes smoothly, prior to your cruise, you must obtain the appropriate
documentation to visit each of the destinations on your selected itinerary. Passports,
visas, vaccinations and other travel documentation are your responsibility.
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 also your responsibility to ensure you have all
the necessary documentation which permits you to travel. If you do not have all
the necessary documentation, you may be denied boarding and no refunds will be
given. International Cruises: ror international cruises (cruises that visit a
foreign port), passports are required for all guests and must be valid for a
minimum of six (6) months beyond the date of the cruise return. In addition,
travel on our cruises will not revalidate an Australian or New Zealand re-entry
visa.
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.
18.
Prohibited items.
To ensure a safe and enjoyable
holiday for all guests, Carnival prohibits 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. Each Guest warrants that no
such prohibited articles are contained in any receptacle or container carried
or presented as baggage. The Guest will be solely responsible for any and all
damage and/or loss caused by his 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 the responsibility of the
guest. If you do not contact us within this time your item will be destroyed
and no compensation will be provided.
19. Smoking.
Smoking
on the ship is prohibited and only allowed in the designated exterior open deck
areas. Guests are not allowed to smoke in the stateroom or outside on their
balcony. You agree to strictly comply with Carnival’s non-smoking policy.
Carnival Cruise Line’s policy strictly prohibits possession and use of
recreational or medicinal marijuana and other illegal controlled substances.
Any violation of this policy shall, in the sole discretion of Carnival,
constitute a material breach of this cruise contract. In the event of such
breach, Guest forfeits all rights hereunder, including the right to remain on
board. Carnival reserves the right to disembark the Guest(s), at any port, as
determined by Carnival. Carnival shall not be liable for any refund or other compensation
or damages whatsoever to any Guest disembarked pursuant to this provision, or
who disembarks because another Guest is so disembarked. Guest and Carnival
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. Guest and Carnival
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. Guest authorizes a charge in this
amount as liquidated damages, as well as repatriation expenses (including
airfare) against Guest’s on board charge account, without further notice, for
any violation of the non-smoking policy.
20.
Alcohol & gambling.
Guests are prohibited from
bringing alcoholic beverages on board. Carnival 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. Guests
must be 18 years or over to purchase or consume alcohol, or gamble on board.
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 Guest
eighteen or older who attempts to or purchases alcohol for any guest under
eighteen will also be deemed in violation of this policy. Carnival has the
right to disembark any guest who violates this policy and as well as any adults
traveling with minors who violate this policy or any other shipboard
regulation.
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.
21. Your health.
Health Notification:
Carnival
care about the health and safety of 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.
Fitness
to Travel & Health Restrictions:
When
booking a holiday, you warrant that you and those traveling with you are
physically fit to travel at the time of embarkation. If a guest has a condition
that cruise line decides may seriously affect the enjoyment, health or safety
of themselves or any other person on board, we can refuse or cancel a booking,
where necessary. We will give reasonable consideration when reaching this
decision and will advise you as soon as possible. As long as you have provided
us with a completed health questionnaire with all relevant information about
the condition, you will be entitled to a full refund if we cancel your booking
on the basis of this condition.
Health
Assistance:
Guests
that need assistance should always be accompanied by a carer to help with day
to day activities as the crew and medical staff are unable to act as personal
carers. Carnival reserves the right to require that any Guest, who is not
self-sufficient, travel with a companion who shall take responsibility for any
assistance needed during the voyage and in case of emergency.
Pregnancy
Policy:
Guest understands and
acknowledges that in addition to the limitations in medical care described in
Clause 21 of the cruise ticket contract, prenatal and early infant care, in
particular, may require specialised diagnostic facilities and/or treatment that
are not obtainable during the cruise on board the ship and/or ashore in ports
of call. Therefore, any Guest who has entered, or who will at any time during
the cruise enter, the 24th week of estimated gestational age in her pregnancy,
agrees not to book a cruise or board the ship.
Accordingly, due to the
limitations in medical care, both on board and in various ports of call, women
who have entered their 24th week of pregnancy at any time during the time of
the cruise will not be allowed to board or sail with the ship. Any pregnant
woman who attempts to board the vessel who has entered her 24th week of
pregnancy, or who will enter her 24th week of estimated fetal gestational age
at any time during the cruise, risks denial of boarding and/or disembarkation
without compensation or refund.
22. Onboard Medical Centre.
Treatment:
Each
ship has a Medical Centre that is staffed by registered doctors and nurses, who
are available during scheduled clinic times to provide medical care for
everyone on board. They are also available 24 hours a day, 7 days a week for
medical emergencies. Our Medical Centre is only for medical needs arising on
board and cannot cater for treatments that you know you will require while on
holiday. While at sea or in port the availability of medical care may be
limited or delayed; all or part of the cruise may be in areas where medical
care and evacuation may not be available.
Medical
Liability Limitation:
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.
23.
Onboard medical charges.
All
cruises on Carnival ships are outside the scope of Australian Medicare, New
Zealand Accident Compensation Corporation (ACC) and private health insurance.
Consultations, treatments and medication are charged at private rates and must
be paid by you and claimed through your travel insurance.
24.
Onboard account.
If credit/debit card method of payment is selected,
the total amount of charges incurred by those authorized will be billed to the
credit/debit card provided. Once onboard, credit/debit card spending will be
authorized 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 authorized 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 cash-based Sail and 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. While on board, guests 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 of settlement
and mailed to the address of record provided at the time of booking.
25. Other service providers.
While cruise lines specialises
in cruising holidays, you may choose to book other services with cruise line
such as shore tours. Carnival can assist you in making these arrangements;
however, cruise line acts only as a booking agent. The service providers are
solely responsible for the information and service offered and their conditions
will apply. Although cruise line responsibility is on board the ship, where cruise
lines arranges these services for you, Carnival will assist in addressing any
concerns you may have. Any arrangements made with other service providers by or
for you are your responsibility and entirely at your own risk.
26. Ship itinerary &
changes.
Cruise line will do everything
within reason 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, cruise line may
charter all or part of the ship, or remove the ship from service where this
becomes necessary. Cruise line may change the itinerary, ship or cancel the
cruise due to operational or commercial requirements. Carnival will notify you
of these changes as soon as possible. If cruise line is forced to cancel your
cruise for any reason prior to departure a full refund will be provided. Since
your itinerary is not guaranteed, please do not make any important arrangements
or meetings based on the proposed itinerary.
Changes within Cruise Line
Control:
Where cruise line makes a
significant change to the ports in your itinerary prior to departure and this
is due to a circumstance within cruise line control, for example for
operational or commercial requirements you will have the choice of: the new
itinerary; an alternative cruise of comparable standard, if available; or 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 Cruise Line
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 cruise line
control, Carnival will attempt to offer a revised itinerary as close as
possible to the original itinerary. Cruise line will not provide any
compensation in connection with the revised itinerary unless consumer laws
require otherwise.
27.
Travel restrictions and right of the captain.
You are responsible for
ensuring that no travel restrictions apply to you. If police or any other
authority in any jurisdiction notify cruise line of, or cruise line otherwise
becomes aware of, any matter that reasonably causes Carnival to believe your
presence onboard presents a risk to your own health or safety or the health or
safety of other guests and crew, cruise line, or the Captain, may deny you
boarding. A full refund will be provided to any guest denied boarding on this
basis.
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, cruise line is 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.
28. 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 Guest’s 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 cruise line proven negligence or failure to provide services
with due care and skill and that are reasonably fit for purpose), cruise line
is not responsible for the cost associated with transporting you to rejoin the
ship or return home; Guest is responsible for the cost of the transfer,
including but not limited to, governmental fees, visa fees, subsistence,
lodging, air fare, launch fare, car hire or agency fees. This also applies if
you do not return to the ship in time for sailing after a port visit. If cruise
line assists with any costs, you will need to repay cruise line on your return.
In addition, you will not be entitled to any refunds.
29.
Limitation of liability.
Limitation of liability for
Recreational Services Save for liability for significant personal injury caused
by Reckless Conduct by cruise line or its servants or agents, cruise line
excludes liability for all Excluded Recreational Liabilities arising out of the
supply of Recreational Services.
30. Time limits for claims.
In the unlikely event you have
reason to take legal action, you agree to use all reasonable efforts to bring
the issue to cruise line attention as soon as possible. Where consumer laws and
other laws permit cruise line to exclude our liability, cruise line will not be
liable for: loss of, or damage to, any luggage or other belongings; sickness,
injury or death, unless caused by cruise line proven negligence or failure to
provide services with due care and skill and that are reasonably fit for
purpose. In addition, cruise line liability will be reduced in proportion to
any negligence or fault on your part.
31. Choice of law &
jurisdiction.
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 Booking and Travel Conditions will not in
any way be affected or impaired and will continue notwithstanding that
illegality, invalidity or unenforceability.
This contract is governed by
the laws in force in New South Wales. You agree that any action you bring
against cruise line will be brought in New South Wales, Australia. If you have
a claim against cruise line, you agree only to bring action against cruise line
and not any of its related bodies corporate as defined in the Corporations Act
2001(Cth).
32. Privacy.
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:
·
from any third party making a booking on your behalf for cruise administration
purposes;
·
if you are travelling as part of a group – from any person in the group for
cruise administration purposes;
·
from any third party where it is necessary to provide a health service to
you (including a medical disembarkation) and you are unable to provide the
information directly;
· for
security purposes;
·
for accident/incident reporting, investigation and management purposes;
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:
·
to our service providers, including mailing houses, ticketing companies,
marketing agencies, emergency response providers, claims processors and lawyers
for the purpose of enabling them to provide relevant services.
·
to our customer database service providers which are located in the United
States and India
·
to related entities within the Carnival group of companies (headquartered
in the United States and the United Kingdom with registered branch offices in
Australia, New Zealand and Japan) for cruise administration and business
operation purposes;
·
to your travel agent for cruise administration purposes, including any
information relating to travel bans;
·
where you book as part of a group – to every guest in your group (excluding
credit card details);
·
to an emergency contact person you have nominated for emergency management
purposes;
·
to government departments/agencies/bodies responsible for customs,
immigration, ports, quarantine and law enforcement, including police In
Australia, New Zealand and each of the ports in your itinerary, for reporting
purposes;
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:
·
for product research and development purposes, including conducting past
guest surveys;
·
for sending you information about our products and services, including by
email and messaging services such as SMS, and to us contacting you by telephone
and fax (you may request to be removed from our contact lists at any time);
·
for reporting, assessing, investigating, processing and otherwise managing
accidents/incidents, including disclosures to lawyers and insurers;
·
for public health and quarantine purposes;
·
for medical treatment (including medical disembarkation) purposes,
including disclosures to health service providers, medical evacuation
assistance companies, hotels, airlines, travel agents and, where you are unable
to consent, next of kin.
·
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.
Security Cameras:
For
the safety and security of guests and crew, cruise line uses Closed Circuit
Television (CCTV) to monitor and record public areas on board all ships. If
necessary, this footage may be viewed by cruise line’s own personnel, advisors
and external parties with a relevant interest. Cruise line is not responsible
for any consequences arising from the viewing or other use of this footage.
34. Dictionary.
In these terms and conditions:
·
"Australian Consumer Law" means schedule 2 of the CCA and any
equivalent state or territory legislation;
·
"CCA" means the Competition and Consumer Act 2010 (Cth);
·
"Consumer Guarantee" means right or guarantees a passenger may
have under the Australian Consumer Law or other rights in relation to the
supply of goods or services that cannot lawfully be excluded or limited;
·
“Consequential Loss” means any loss or damage suffered by a passenger 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;
·
"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.