Booking Conditions

TERMS AND CONDITIONS WHICH APPLY TO THE CUSTOMERS BOOKING

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS ALL THE CUSTOMERS IN YOUR BOOKING WILL BE BOUND BY THEM.

In consideration of receipt of the full contract price, the Company
agrees to offer travel services on the following terms and conditions
(“Terms”), which constitute an integral part of the Customer’s contract
with the Company in respect of the travel services offered for sale by
the Company.

By making a booking the Customer agrees on behalf of himself/herself
and any third-party adults and/or minors (under 18 years of age)
indicated in the reservation and who form part of the Customer’s
booking to be legally bound by these Terms and any additional terms and
conditions of any independent contractor/supplier that are applicable
to the Customer’s booking and which are expressly incorporated into the
contract between the Customer and the Company.

Where the combination of travel services offered to you is a package
within the meaning of Directive (EU) 2015/2302. you will benefit from
all EU rights applying to packages. The Company will be fully
responsible for the proper performance of the package as a whole.
Additionally, as required by law, the Company has protection in place
to refund your payments and, where air transport is included in the
package, to ensure your repatriation in the event that it becomes
insolvent.

1. DEFINITIONS

 

1.1 “Carrier” means Celestyal Cruises Centre Limited
and the Vessel itself (or a substitute vessel) and is to include the
registered beneficial owner and/or charterer whether bare boat/demise
charter, time charterer, sub-charterer, manager or operator of the
Vessel and all Carriers as defined pursuant to EU Regulation 392/2009
and the Athens Convention.

1.2 “Carriers Conditions of Carriage” means the
standard conditions of carriage of the Carrier governing the carriage
of Customers and their luggage by sea as set out on www.celestyal.com as the same
may be amended, varied or replaced from time to time. Modifications of
any nature whatsoever in this respect shall become valid as on their
date of publication on the Website.

1.3 “Company” means CELESTYAL CRUISES CENTRE LIMITED, of the Republic of
Cyprus (with registered address at 11 Lemesou Avenue, 2112 Nicosia,
Cyprus) and includes its present and former parents, subsidiaries,
affiliated and/or inter-related companies, underwriters and insurers,
agents, employees, officers, directors, successors and assignees and
the vessel.

1.4 “Customer(s)” means the individual and/or entity
booking or purchasing whether directly with the Company a cruise and/or
services and/or product under this contract and includes any
third-party adults and/or minors (under 18 years of age) who form part
of the Customer’s booking, including heirs and representatives of all
of the aforementioned. A reference to passengers in these Terms is a
reference to Customers from the time of embarkation on board the
vessel.

1.5 ‘Directive (EU)2015/2302’ means the Directive of
the European Parliament and of the Council on package travel and linked
travel arrangements.

1.6 Disabled Person’ or ‘Person with Reduced Mobility’;
means any person whose mobility when using transport is reduced as a
result of any physical disability (sensory or locomotor, permanent or
temporary), intellectual or psychosocial disability or impairment, or
any other cause of disability or impairment or as a result of age, and
whose situation needs appropriate attention and adaptation to his/her
particular needs for the services made available to all Customers.

1.7 “Fare” means the amount paid for the cruise and/or
package and/or Travel Services and does not include fuel supplement
charges, security charges or similar incidental surcharges

1.8 “Organizer” means the party with whom the Customer
has entered into the Contract for the cruise and/or package as defined
under the Directive (EU) 2015/2302 of the European Parliament and of
the Council of 25 November 2015 on package travel and linked travel
arrangements which includes the cruise onboard the Vessel or other
equivalent.

1.9 ‘Package’ means a contract combining at least two
different types of travel services purchased from a single point of
sale, offered; sold or charged at a inclusive or total price. Purchase
of a cruise holiday will be considered to be a package since it
combines transport and accommodation.

1.10 ‘Travel services’ means transport used for the
carriage of Customers, accommodation, rental of cars or motorcycles

1.11 “Website” means the Company’s website at www.celestyal.com

2. GOVERNING LAW AND JURISDICITON

These terms and conditions are for the purchase of products and/or
services offered for sale by the Company via the internet on the
Website. It is understood, acknowledged, and agreed that the sale is
concluded in Republic of Cyprus and thus, the contract arising from the
Customer’s on-line booking is between the Customer and the Company and
is subject to the Laws of the Republic of Cyprus, irrespective of what
currency the Customer has paid for his/her package holiday booking. By
accessing and booking through the Website, the Customer consents and
submits that the Courts of Nicosia, which will deal with any disputes
which may arise between the Customer and the Company, and that law of
the Republic of Cyprus shall be the applicable law.

3. CONTRACT

3.1 The Carrier’s Conditions of Carriage are expressly incorporated
into this contract between the Customer and the Company. The Customer
should also read these carefully. The Carrier’s Conditions of Carriage
are available upon request or these can be downloaded from
https://celestyal.com/conditions-of-carriage/. The Carrier’s Conditions of Carriage
are also printed in the Customer Ticket.

3.2 The Carrier’s liability for death and/or personal injury and damage
to/loss of luggage to a Customer while on a cruise shall be governed by
the Convention relating to the Carriage of Passengers and their Luggage
by Sea, adopted at Athens on 13th day of December 1974 and the Protocol
thereto adopted as of November 1976 (hereinafter referred to as the
“Athens Convention”) or where applicable from 1st January 2013 EU
Regulation 392/2009. Liability for loss of or damage to property
pursuant to the Athens Convention and EU Regulation 392/2009 is
limited.

 

3.3 Acceptance of bookings will depend on the availability of places
and is understood to be finalised, with the consequent conclusion of
the contract, only when confirmation is sent out by the Company upon
receipt of payment of the purchase price by the Customer.

3.4 Promotional offers (including offers which entitle the holder to a
discount, or which may be exchanged for services) will be subject to
specific terms and conditions, please make sure you read these
carefully before booking.

3.5 In the case of a single reservation made for several persons listed
in the reservation, the person making the booking guarantees that they
have the necessary authority and consent on behalf of the other persons
in the reservation and also guarantees the fulfillment of all
contractual obligations by all the persons, in the reservation.

3.6 The Company does not accept bookings from minors (person under the
age of 18). Bookings for minors must be made by their legal guardians
and/or parents and shall be accepted only if the minor travels with at
least one of his/her parents or legal guardian or another adult person
who undertakes all responsibility for the minor. When a booking
includes minors or persons under a disability who are not travelling
with their parent or legal guardian then carriage is subject to the
Consent and Release Form as well as an Escorts Declaration Form that
can be downloaded from

www.celestyalcruises.com

being completed and signed at the time of booking and before boarding
the vessel accepting responsibility for the minor(s). If the Customer
booking includes minors or persons under a disability who are not
travelling with their parent or legal guardian, the Customer must
download and complete the relevant forms and send them by email to

[email protected]

3.7 The Company reserves the right to offer alternative or supplemental
terms to these Terms for particular categories of contract (such as
groups or incentive tours). The particular terms agreed in each
individual case (“Additional Terms”) will apply to the contract
concluded in addition to these Terms. In the event of any conflict or
ambiguity between the Additional Terms and these Terms, the provisions
of the Additional Terms (where applicable) shall prevail.

4. PRICE AND PAYMENT

4.1 Prices are charged per person and include any charges expressly
stated on the Website and the booking form (whether online or any other
form) signed by the Customer. Prices can go up and down, please check
at the time of booking what the most up to date price of your holiday
or trip is.

4.2 The cruise price means the amount paid for the cruise which
includes the services and facilities set out in the Website/ or
provided to you in writing and any further matters specifically agreed
at the time of booking. The Cruise Price does not include incidental
surcharges, such as increase of prices due to cost of fuel or other
power sources, exchange rate fluctuations, additional port taxes and
services, government taxes, VAT (“Surcharge”). The Company reserves the
right to impose any of these surcharges and no right of cancellation
shall be implied, provided the Company has notified the Customer at
least 20 days before the start of the package. If the Surcharge is
higher than 8% of the total invoice amount the Customer will be
entitled to cancel the cruise with a full refund of all the money paid
or transfer the cruise to a different date within the next 12 months
with no amendment charge. The Customer must exercise this option in
writing 14 days from the date the imposition of the Surcharge is
communicated to the Customer. Failure to do so will be taken by the
Company that the Customer accepts the change in price. The Company
shall refund the Customer within 14 days from the time the contract is
terminated. If the Customer does not wish to cancel the booking, the
Customer can accept the proposed price change.

4.3 Any services and facilities in respect of hotel accommodation,
airline tickets and ground transportation are optional and can be
purchased either as part of the holiday package or separately and do
not form part of this contract, if purchased for the purpose of a
different holiday or trip. If they are purchased separately and do not
form part of the Customer’s package holiday, then the Customer’s
booking in relation to these separate travel services will be subject
to the terms and conditions of the individual travel service providers.

4.4 A single person supplement shall be payable, if following
withdrawal or cancellation by other Customer or Customers in the
booking, the Customer is left as the sole occupant of a cabin, unless
the Customer(s) left on the booking has been charged with 100%
cancellation fee.

4.5 Customer requests a booking when the Customer makes a reservation
on the Website by completing the electronic booking form and pays the
deposit requested at the time of booking of the total amount of the
fare (the “Deposit”) by submitting the Customer credit card details and
authorizing payment from the Customer credit card and clicking the box
marked “ACCEPT”. By doing this the Customer warrants that the Customer
has read and understood the information and the terms and conditions
displayed on the Website and accept that the Customer’s contract
(including every person appearing on the booking) is governed by these
booking Terms and Conditions and the Carrier’s Conditions of Carriage.
The Customer will be deemed to accept the booking on behalf of
himself/herself and the persons whose names appear on the electronic
booking form. The Contract is concluded once the Deposit is received
and accepted by the Company. The Contract is evidenced by the invoice
confirming the cruise booked. The Company will then provide the
Customer with a booking reference number. The balance of the full
holiday price is then payable to the Company not less than 30 days
prior to sailing or if it is a late booking, full payment must be made
immediately after the booking is confirmed. Payment can be made through
the Website using the booking reference number provided to the Customer
to access the booking and effect payment in the same way as payment of
the Deposit was made or by sending the Customer credit card details and
authorizing payment from the Customer credit card for the remaining
amount via email to [email protected] (quoting
always the Customer booking reference number). No Customer will be
allowed to embark the vessel unless the price for the cruise and any
other services/product reserved at the time of booking have been paid
in full in accordance with these Terms and Conditions.

4.6 In the event that a cruise price listed and/or quoted and/or
advertised through the Website or Company’s sale person or travel agent
or any other source is booked and is incorrect due to a human error,
typographical error or technical error, the Company reserves the right
to correct the erroneous error and request by the Customer to pay the
correct amount or cancel upon the Customer’s written instructions the
booking and make a full refund of the price already paid by the
Customer. Under no circumstances shall the Company be liable in any
manner whatsoever, including without limitation to honor any such
booking resulting from the error.

4.7 Customer’s booking will be charged in the following currencies,
according to Customer’s country of origin:

COUNTRY CURRENCY

All EU members (except UK) Euro (EUR / €) United Kingdom British pound
(GBP / £) All other countries US Dollar (USD / $)

4.8 The Customer shall be at all times be liable for any price due
under the booking, including without limitation in the event the travel
agent utilized by the Customer in order to book a cruise with the
Company has failed to remit to the Company any monies paid by the
Customer for such booking. Further, any refund made by the Company
to the agent of the Customer shall be deemed
payment to the Customer, regardless whether the agent actually
delivered the monies of the refund to the Customer.

5. INDEPENDENT CONTRACTORS: HOTEL ACCOMMODATION, AIRLINE TICKETS,
GROUND TRANSPORTATION

5.1 Hotel accommodation, airline tickets, ground transportation are
provided by independent contractors, namely local suppliers who will be
subject to local laws, rules, regulations and standards which will form
the basis upon which to assess the performance of such services. Where
such services are included in the booking, the package shall be
regarded as having been performed if local laws and regulations have
been complied with. Such independent contractors do not at any time act
as agent or representatives of the Company.

5.1.2 The Company does not own or control any such independent
contractors, makes no representation of any kind as to their
performance and/or their suitability and does not undertake to
supervise their activities. The Company acts as an intermediary for
such products and services not directly provided by it and not forming
part of the Customers package holiday. Any Customer purchasing or using
such services or activities shall be entering directly into a contract
with the independent contractor and shall be deemed to agree and
consent that any liability for any death, personal injury, illness,
emotional distress, mental suffering or psychological injury to the
customer or loss of or damage to property shall be the sole
responsibility of the provider of such service or activity. The Company
is not a party to the contractual relationship in relation to such
products and services supplied by independent contractors and as such,
shall not be or become liable or responsible in any way for any act or
omission of any such provider pertaining to or arising from or in
connection with such services or activities.

5.1.3 For all such services (hotel accommodation, airline tickets,
ground transportation and shore excursions) booked, the independent
contractor’s terms and conditions relevant to the Customers booking
will apply (including without limitation relevant cancellation
policies) in addition to these Terms, and these (where applicable) are
expressly incorporated into the contract between the Customer and the
Company.

5.1.4 Detailed terms and conditions applicable to the services
described are available upon request.

5.2 SHORE EXCURSIONS

5.2.1 The Company will offer a shore excursion discount to you at the
time of booking for a specific value. Should you wish to book a shore
excursion to which this discount value applies you can give details of
this when booking your shore excursion. These shore excursion discounts
will be subject to specific terms and conditions, please make sure you
read these carefully before booking any shore excursion. The Company
will exercise reasonable skill and care in the selection of a reputable
Shore Excursion provider.

5.2.2 As regards the specific nature of some excursions, not all of
these will be accessible to disabled Customers. Consequently, prior to
booking the cruise, the Company recommends that Customers obtain
information about the same through the Website or through its offices
to find out whether the excursions they are interested in are
accessible to disabled Customers. It is the Customer’s responsibility
after having obtained all necessary information by the Company as to
the suitability of the shore excursion taking into account the
Customer’s needs to assess whether the shore excursions are suitable
for him/her or anyone travelling with them on holiday.

5.2.3 Please note that both itineraries and timelines of the shore
excursions published on the Website and in any material distributed by
the Company (including brochures) are intended to be purely indicative
and maybe subject to changes. The itineraries and timetables of the shore
excursions may also be subject to changes due to either unavoidable and
extraordinary circumstances beyond the control of the Company or
external factors, including without limitation weather conditions,
and/or operational requirements of the service providers. The Company
shall not be or become liable or responsible in any way for any
alteration and/or cancellation in respect of the shore excursions.

5.2.4 Customers can have the option to purchase shore excursions online
through the Website or onboard the vessels performing the cruise.

5.2.5 Detailed terms and conditions applicable to the shore excursions
are available upon request or these can be found at www.celestyal.com. The SHORE
EXCURSION TERMS AND CONDITIONS are expressly incorporated into the
contract between the Customer and the Company under these booking terms
and conditions.

6. ALTERATION BY THE CUSTOMER

Altering a booking after confirmation is generally not permitted except
in special circumstances and subject to the Company’s absolute
discretion. Such changes must be notified in writing immediately and an
administration charge may be made. If you change your initial cruise
departure and then decide to cancel your cruise, you will be subject to
cancellation charges which will be calculated from the date of your
original booking and not from the later date when you changed your
original departure date to a new departure date. Change of departure
date does not constitute a new booking.

7. TRANSFER BY THE CUSTOMER

The Customer may transfer the Customer’s holiday contract to another
person who can comply with all the terms of the contract, provided the
Company is given 7 days’ notice in writing before the start of the
holiday.

Where the Company agrees to the transfer, both the original Customer
and the substituted Customer shall be jointly and severally liable for
the payment of any balance due and for any reasonable additional fees,
charges or other costs arising from the transfer (i.e., administrative
fees).

8. CANCELLATION BY THE CUSTOMER

8.1 If for any reason the Customer wishes to cancel the cruise booked,
the Customer must notify the Company in writing by email. Upon receipt
of the Customer’s instructions, the Company shall issue a cancellation
invoice and return any money due to the Customer.

8.2 The following charges will apply:

Cancellation fees for individual bookings (cancellation policy applies
on the Fare only):

· 90 days or more prior to sailing: €50 per stateroom administrative
fee

· 89 – 30 days: loss of deposit amount

· 29 days or less: No refund except for port and service charges
Cancellation fees are charged in the currency of the Customer’s country
of origin.

The above charges are upon the full fare of your cruise holiday. Any
charges for additional travel services products and/or services not
forming part of your cruise shall be fully refunded at the time of
cancellation prior to sailing.

8.3 The Customer has the right to cancel the holiday contract before
the start of the holiday without paying any cancellation fee in the
event of unavoidable and extraordinary circumstances occurring at the
place of destination or its immediate vicinity and significantly affecting the
performance of the holiday. In such circumstances the Customer shall be
entitled to a full refund, or any payments made for the holiday, but
shall not be entitled to additional compensation.

9. ALTERATION/CANCELLATION BY THE COMPANY

9.1 Cruises on the Website are planned several months in advance and
despite efforts to keep to what is advertised it is sometimes necessary
to make changes. The Company reserves the right at any time to alter or
cancel any element of the cruise if the Master or the Carrier considers
that such alteration or termination is for any reason whatsoever
necessary for the good management of the vessel or the Carrier, or for
reasons of unavoidable and extraordinary circumstances which shall
include, without limitation, bad weather conditions, war or threat of
war, riots, civil commotions, disasters, acts of God, actual or
threatened terrorist activities, natural and nuclear disasters, fire,
closure of ports, actual or threatened strikes or any industrial
action, or any other event whatsoever outside the control of the
Company. The Company shall not be liable for alteration or cancellation
as a result of such events which are (i) attributable to a third party
unconnected with the provision of the cruise or (ii) which are
unforeseen or unavoidable or (iii) are due to unusual and unforeseen
circumstances beyond the control of the Company, which could not have
been avoided with due care or the Company could not have foreseen or
forestalled.

9.2 The Company may cancel the Customers holiday contract and give a
full refund to the Customers for any payments made for the holiday,
without paying any additional compensation if the number of Customers
booked do not meet the minimum numbers required for the cruise to
depart on its itinerary and the Company notifies the Customers of the
cancellation of the holiday contract no later than: –

(i) 20 days before the start of the holiday in the case of trips
lasting more than 6 days

(ii) 7 days before the start of the holiday in the case of trips
lasting between 2 and 6 days

(iii) 48 hours before the start of the holiday in the case of trips
lasting less than 2 days

9.3 Where the Company is constrained before the departure to alter
significantly an essential term of the contract including the price or
cancellation is made prior to sailing, the Company will notify the
Customer as soon as possible and give the Customer the following
options:

(i) A full refund or any monies paid; or

(ii) An alternative cruise of the same or greater value at no extra
cost; or

(iii) An alternative cruise of a lower value with a refund of the
difference.

On receipt of these options the Customer must notify the Company as
soon as possible of the Customer’s choice. An alternative cruise may be
taken at any time within 12 months of the cancelled cruise. The Company
shall refund the Customer within 14 days from the time the contract is
at an end.

9.4 The Company accepts responsibility for providing all the elements
of the advertised cruise but if it fails to provide what has been
booked, the Customer must inform the Company or its representative
without undue delay if the Customer considers that any of the services
under the cruise holiday contract has not been performed in accordance
with the terms of the contract. Failure by the Customer to notify the
Company or its representative may be taken into account when
determining any price reduction or compensation for damages where such
notice would have avoided or reduced the damage.

9.5 The Company shall remedy any lack of performance of the services
under the cruise holiday contract raised by the Customer unless:

(i) It is impossible to do so, or

(ii)Will incur disproportionate costs, taking into account the extent
of the any lack of performance and the value of the contractual service
affected.

9.6 If after sailing a significant proportion of the cruise cannot be
provided, the Company shall offer at no extra cost to the Customer,
suitable alternative arrangements, where possible, equivalent or higher
quality than those specified in the contract, for the continuation of
the cruise and compensate the Customer for any difference in price.

If it is not possible to provide a suitable alternative or the Customer
reject any alternatives, provided the Customer’s rejection is
reasonable, the Company will provide the Customer with equivalent
transport back to the place where the cruise commenced or another place
which the Customer agree to and where appropriate, offer the Customer
compensation.

9.7 The Customer shall not be entitled to compensation if the Company
proves that the lack of performance of the contract is attributable to
the Customer, attributable to a third party unconnected with the
provision of the travel services included in the holiday contract and
is unforeseeable or unavoidable; or due to unavoidable and
extraordinary circumstances.

9.8 The following are examples of significant alterations: an increase
in the price of more than 8% and any alteration of elements that are
fundamental to the enjoyment of the holiday when considered as a whole.
In relation to this clause the following are not considered as
significant alterations: (i) change of airline carriers, flight
timetables and itineraries, provided the departure and arrival dates
remain unchanged and the Customer may embark and disembark the vessel
as scheduled; (ii) the substitution of the vessel; (iii) the
modification of the itinerary of the cruise; (iv) a change of cabin or
a change in hotel accommodation, providing that the cabin and/or hotel
are in the same or higher category; (vi) changes to the programme of
shows and other forms of entertainment on board the vessel.

9.9 If it is necessary for technical, operative or other good reason,
the cruise operator and/or the Company may substitute the vessel with
another vessel with similar characteristics. The exercise of this right
is not a significant alteration as referred to in this clause.

9.10 The Carrier, and, on behalf of the same, the Captain of the
vessel, may also modify the itinerary of the cruise for reasons of
unavoidable and extraordinary circumstances, or for reasons of the
safety of the vessel or of navigation. The exercise of this right is
not a significant alteration as referred to in this clause.

9.11 The list of examples given above which are not considered to be
significant alterations of the Customers booking is not exhaustive and
does not preclude the Company from treating other events as not being
significant alterations.

10. TRAVEL INSURANCE

10.1 The Customer must ensure that the Customer have appropriate travel
insurance for the entire duration of the Customer’s holiday to cover
the Customer inter alia for damage to and/or loss of luggage,
cancellation (including cancellation of the contract by the Customer), cost of
assistance, illness, death or personal injury, medical treatment (i.e.,
COVID 19), repatriation.

It is strongly recommended that Customers ensure that the insurance
policy covers them sufficiently from the time their holiday has been
confirmed as booked to the end of their holiday.

11. LIABILITY

11.1 The Company accepts responsibility for providing all the elements
of the advertised cruise but if it fails to provide what has been
booked the Company is not liable if the reason is due to:

(i) The Customer’s fault or the fault of anyone named on the booking.

(ii) the fault of a third party unconnected with this contract and is
unforeseeable and unavoidable.

(iii) unavoidable and extraordinary circumstances.

11.2 The Company’s liability is limited to and shall not under any
circumstances exceed that of the Carrier under its Terms and Conditions
of Carriage.

11.3 The limits of liability and the time for bringing claims pursuant
to the Athens Convention are expressly incorporated into these Booking
Conditions for the purpose of limiting the amount of Compensation
payable by the Company.

11.4 The Athens Convention is an international Convention which governs
the carriage of Customers and their luggage by sea as between a Carrier
and the Customer. Under the Athens Convention liability for personal
injury/death is limited. The Company’s liability is limited to 46,666
SDR’s (Special Drawing Rights) under the Athens Convention where
applicable from 1 January, 2013 and/or to 400,000 SDR’s per Customer
per incident based on the EU Regulation 392/2009 where applicable. The
Company’s liability for loss of or damage to luggage is also limited
and the Athens Convention and/or EU Regulation 392/2009 is limited to
the amounts specified therein which makes special provision for
valuables and specifies the time limits in which to bring a claim. The
Athens Convention presumes that luggage has been delivered undamaged to
the Customer unless written notice is given: (a) in the case of
apparent damage, before or at the time of disembarkation or redelivery;
(b) in the case of damage which is not apparent or of loss, within 15
days from the date of disembarkation or re-delivery or from the time
when such re-delivery should have taken place. The Customer are
precluded from making a double recovery against the Company for any
death or personal injury, loss or damage to luggage sustained during
the cruise for which a claim has already been brought against another
party, including, without limitation, the Carrier.

For claims for missing or damaged baggage the Customer must follow the
rules on the back of their ticket or contained within the Carrier’s
conditions of carriage. Please note, time limits apply within which to
notify the Company or the Carrier and make a claim. The Company will
not accept liability for high-value items which the Customer should
insure for the appropriate amount. If there are no applicable limits
for luggage, then the Company’s liability will be limited to 600 Euro
per person.

11.5 In so far as the Company or the Carrier may be liable to a
Customer in respect of claims arising out of carriage by sea, the
Company and or the Carrier shall be entitled to all the rights,
defence, immunities and limitations available, respectively, to the
actual carrier and under the relevant Conventions, and nothing in this
Agreement shall be deemed as a surrender thereof. To the extent
that any provision in this Agreement is made null and void by the
Athens Convention or any legislation compulsorily applicable or is
otherwise unenforceable, it shall be void to that extent but not
further.

11.6 Notwithstanding anything to the contrary elsewhere in this
Agreement, the Company shall not in any circumstances be liable to
Customers or anyone in their party for any loss or anticipated loss of
profit, loss of revenue, loss of use, loss of contract or other
opportunity nor for any other consequential or indirect loss or damage
of a similar nature. For claims not involving personal injury, death or
illness or which are not subject to the Conventions referred to above,
any liability the Company may incur for the negligent acts and/or
omissions of its suppliers shall be limited to a maximum of the price
which the Customer paid for the Contract not including insurance
premiums and administration charges. Where this relates to loss of
and/or damage to luggage and/or other personal possessions then the
Company’s liability will not exceed 600 Euro. The Company will not at
any time be liable for any loss of or damage to valuables of any
nature. The use of safes on board is not a deposit with the vessel
under the Convention or the Regulation.

If any international convention applies to or governs any of the
services or facilities included in the Customers Booking arranged or
provided by the Company, or provided by any of the Company’s suppliers,
and the Customer makes a claim against the Company of any nature
arising out of death, injury, loss or damage suffered during or as a
result of the provision of those services or facilities, the Company’s
liability to pay the Customer or any member of the Customer’s Booking
Group compensation and/or the amount (if any) of compensation payable
to the Customer or any member of the Customer’s Booking Group by the
Company will be limited in accordance with and/or in an identical
manner to that provided for by the international convention concerned
(in each case including in respect of the conditions of liability, the
time for bringing any claim and the type and amount of any damages that
can be awarded). International Conventions which may apply include in
respect of carriage by sea the PLR and where applicable, the Athens
Convention 1974; in respect of carriage by road, the Geneva Convention
1973; and, in respect of hotels, the Paris Convention 1962. The Company
will provide the Customer with copies of the relevant conventions if
the Customer asks the Company. This means that the Company will be
regarded as having all benefit of any limitations of compensation
contained in any of these conventions or any other international
conventions applicable to the Customers Booking and are incorporated by
reference into these booking terms and conditions.

12. Health

12.1 The Customer warrants that he/she and all travelling on the
booking are fit to travel. Any Customer with any medical condition that
may affect fitness to travel must submit a physician’s certificate
prior to booking.

12.2 The Company, the local Port Authorities and/or the Carrier shall
be entitled to administer a Public Health Questionnaire on their own
behalf at any time. The Customer shall supply accurate information
regarding any symptoms of illness including but not limited to
gastrointestinal illness. In relation to travel by sea and/or by air,
the Carrier may deny boarding to any Customer that it considers in its
sole discretion to have symptoms of any viral or bacterial illness
including but not limited to Norovirus. Refusal by a Customer to
complete the relevant questionnaire may result in denied boarding.

12.3 Carriers by sea may refuse travel to any Customer that they
consider is unfit for travel, or likely to endanger health or safety or
likely to be refused permission to land at any port or render the
Carrier liable for maintenance of Port or repatriation. These matters
are set out more fully in the Carrier’s Conditions of Carriage.

12.4 Carriers by sea may require the Customer to remain in his or her
cabin for reasons of health and safety.

12.5 Since the cruise vessels on which holidays are offered are not
equipped for assistance during pregnancy or childbirth, bookings cannot
be accepted from Customers who, at the scheduled date of departure,
have entered the 24th week of pregnancy unless a medical certificate of
fitness to travel is provided. The Customer’s attention is drawn to the
section headed “Medical treatment” below and to the Terms and
Conditions of Carriage of the Carrier. The Company is not liable and
takes no responsibility if the vessel and or the doctor are unable to
provide necessary treatment. The doctor on board is not qualified to
deliver babies or give pre or post-natal treatment.

13. DISABILITY AND SPECIAL REQUIREMENTS

 

13.1 ‘The Customer is asked to provide full details at the time of
booking if the Customer or any Customer travelling in the Customer’s
booking has reduced mobility in order that the Company can consider
whether the cruise holiday is generally suitable for persons with
reduced mobility. The Customer are asked to provide full details at the
time of booking if the Customer or any Customer travelling in the
Customer’s booking is unwell, infirm, Disabled or has Reduced Mobility,
if the Customer/or any person travelling in the Customer booking have
any special seating requirements and/or if the Customer/or any person
travelling in the Customer’s booking need to bring any medical
equipment on board. It is the Customer’s responsibility to notify the
Company prior to booking if the Customer or any person in the
Customer’s booking need to have medical equipment on board so that the
Company can ensure that the medical equipment can be carried and/or
carried safely. The Customer are asked to provide full details at the
time of booking if the Customer/or any person travelling in the
Customer’s booking needs to bring a recognised assistance dog on board
the vessel. Please note that assistance dogs are subject to national
regulations. Where the Company considers for the safety and comfort of
the Customer or any person travelling in the Customer’s booking that it
is strictly necessary it may require a Disabled Person or Persons with
Reduced Mobility to be accompanied by another person who is capable of
providing the assistance required by the Disabled Person or Person with
Reduced Mobility. This requirement will be based entirely on the
Company assessing the Customer or any person travelling in the Customer
booking on the grounds of safety and may vary from vessel to vessel
and/or itinerary to itinerary.

13.2 If The Customer or any person travelling in the Customer’s booking
have any particular conditions, Disability or Reduced Mobility which
require personal care or supervision then such personal care or
supervision must be organized by the Customer and at the Customer’s
expense. The vessel is unable to provide respite services, one-to-one
personal care or supervision or any other form of care for physical or
psychiatric or other conditions.

13.3 If after careful assessing the Customer or any person travelling
in the Customer’s booking their specific needs and requirements, the
Company concludes that the Customer or that person cannot be carried
safely and in accordance with applicable safety requirements then the
Company can refuse to accept a booking or embarkation of a Disabled
Person or Person with Reduced Mobility on the grounds of safety.

13.3 The Company reserves the right to refuse to carry the Customer or
any person travelling who has failed to adequately notify the Company
of any Disabilities or needs for assistance in order for the Company to
make an informed assessment that The Customer can be carried in a safe
or operationally feasible manner on the grounds of safety. If the
Customer or the person travelling in the Customer’s booking do not
agree with a decision of the Company, then the Customer/they must provide a
complaint in writing with all supporting evidence to the Company and
the matter will be considered by a Senior Manager.

13.4 The Company reserves the right to refuse to carry the Customer or
any person travelling in the Customer’s booking who in the opinion of
the Company and/or the Carrier is unfit for travel or whose condition
may constitute a danger to themselves or others on the Cruise on the
grounds of safety. For the Customer’s safety and comfort, if the
Customer or any person in the Customer’s booking become aware between
the date of booking the Package and the date of commencement of the
Package that the Customer or they will require special care or
assistance as detailed above then the Customer/they are asked to inform
the Company immediately so that Company can make an informed assessment
whether or not the Customer or any person travelling in the Customer’s
booking requiring such special care or assistance can be carried in a
safe or operationally feasible manner.

13.5 The vessels may have a limited number of cabins suitable for
mobility reduced persons or disabled persons. Not all areas of the
vessels are accessible to disabled persons and/or specifically equipped
to offer disabled access. Therefore, all bookings for disabled persons
are subject to the availability of suitable accommodation and, if
appropriate, subject to the presence of an attendant/companion who is
able to assist the disabled person. Those Customers confined to
wheelchairs must furnish their own standard size wheelchair. The
Company accepts no obligation to arrange alternative activities on
board or on land for disabled Customers, or any responsibility for the
partial or total inability of any disabled Customer to take advantage
of advertised services or activities during the Holiday.

13.6 The Company will do its best to meet Customers’ special needs or
requirements, medical, dietary or otherwise but such requests do not
form part of the contract and therefore the Company cannot be liable
for not providing these.

14 MEDICAL TREATMENT

14.1 The Customer must ensure that the Customer have a fully
comprehensive travel health insurance policy covering medical treatment
and repatriation. Customers with medical history or problems are
advised to seek advice from their doctor before travelling.

14.2 Whilst medical facilities are provided on board cruise vessels,
the Customer must take into account that the ship’s doctor is not a
specialist and the ship’s medical centre is not required to and is not
equipped to the same standards as a land-based hospital but to provide
general medical care. Vessels carry medical supplies and equipment in
accordance with flag state requirements. Thus, neither the Company nor
the Carrier or the doctor shall be liable to the Customer as a result
of any inability to treat any medical condition on board. The Customer
acknowledges that whilst there is a qualified doctor onboard it is the
Customer’s obligation or responsibility to seek medical assistance if
necessary during the cruise.

14.3 Before departure, Customers should seek appropriate advice
regarding vaccines or other medicines, or precautions required for the
countries they are going to visit. The Customers must have with them
all relevant vaccine certificates.

14.4 In the event of illness or accident Customers may have to be
landed ashore by the Carrier and/or Master for medical treatment.
Neither the Company nor the Carrier makes any representations regarding
the quality of medical treatment at any port of call or at the place at
which the Customer is landed. The Company and the Carrier do not accept
any responsibility whatsoever in relation to medical facilities
provided ashore.

 

14.5 Medical facilities and standards vary from port to port. The
Company and the Carrier make no representations or warranties in
relation to the standard of medical treatment ashore.

15. CUSTOMER DUTIES

15.1 Customers’ behaviour must not compromise the safety, peace and
enjoyment of the cruise by the other Customers. Customers must act
prudently and follow all instructions issued by the Company and/or
Carrier and comply with any administrative or statutory regulations
that apply during their holiday.

15.2 Customers must not bring live animals, firearms and ammunition,
explosives, or inflammable, toxic or dangerous substances on board any
vessel.

15.3 Customers shall be liable for any damage suffered by the Company
and/or Carrier and/or any supplier of any service that forms part of
the Holiday as a result of the Customer’s failure to comply with this
clause. In particular, the Customer shall be liable for all damage
caused to the vessel or to its furnishings and equipment, for injury or
loss to other Customers and third parties, and also for all penalties,
fines and expenses attributable to the Customer that the Company, the
Carrier or supplier may be liable to pay to the port, customs, health
or other authorities of any country whatsoever.

15.4 The Customer must provide the Company with all documents and
information in his/her possession that may be needed by the Company to
exercise a right of subrogation for the Customer towards third parties
that may be liable for any loss suffered by the Customer. The Customer
is liable to the Company for any prejudice to the right of subrogation
caused by failure to comply fully with this clause.

15.5 Customers must provide the Company with all information it
requests to allow it or any suppliers of services that make up the
Holiday to fulfill their obligations relating to security.

16. TRAVEL DOCUMENTS

16.1 It is the Customer obligation to have a valid passport, visas,
medical cards and any other documents necessary for the scheduled ports
of call and disembarkation. Some countries outside of the EU require a
passport to have a certain period of validity left on it, such as 6
months, or blank pages Proper and valid and in full force travel
documentation and eligibility to travel is required at the time of
embarkation and throughout the cruise. It is the Customer’s sole
responsibility to ensure his/her eligibility to travel and that he/she
has all the necessary and valid travel documents to be able to travel
and conclude the cruise booked. If the Customer fails to obtain all
necessary and valid documents, embarkation onboard the vessel shall not
be permitted and full cancellation fees shall be charged and the
Customer will not be entitled to any refund of the cruise rate
whatsoever. Customers are advised to check with their travel agent or
the appropriate governmental authority in the Customer’s country, in
order to obtain information on any required visa and any other
documents that they may require for their holiday or trip. Customers
should fully inform the said authorities in detail in respect of the
countries that the Customer shall visit to check whether the Customer
will require a visa or if they would need to comply with certain health
formalities.

16.2 Under no circumstances shall the Company be responsible in any
manner whatsoever, including for any costs, damages etc suffered by the
Customer as a result of denial of boarding or even denial of
disembarkation by the relevant authorities due to Customer’s failure to
comply with the requirements under clause 16.1. If the Company and/ or
the Carrier has to pay a fine in this connection the Customer will be
required to reimburse them.

17. COMPLAINTS

Subject to clause 9.2 above any complaints must be made in writing to
the Company and sent to 11 Lemesou Avenue, 2112, Nicosia, Cyprus or via
email at: [email protected].

18. JURISDICTION

18.1 Any action, suit or proceedings against the Company or its
employees (excluding any action under the Athens Convention which may
be brought in any of the courts specified in Article 17 of the Athens
Convention) shall, unless the Company expressly agrees otherwise in
writing, be brought in the Courts of Nicosia, Cyprus.

18.2 Other than in respect of death and personal injury, every claim
must be notified to the Company in writing within 6 months from the
date on which the claim arose, and any action (not subject to the
Athens Convention) must be commenced within one year from that date,
failing which the Company shall be under no liability to the Customer
whatsoever.

19. THE CUSTOMER’S FINANCIAL PROTECTION

19.1
CRUISES

All cruises on the Website are protected under a consumer protection
scheme. In the unlikely event of the Company’s insolvency, appropriate
measures shall be taken to refund any money the Customer has paid to
the Company.

19.2 FLIGHTS

All flights are subject to the airline carrier’s terms and conditions
of carriage; The airline carriers flight timings and routes shown
online at the time of making the Customers Booking and/or subsequently
detailed on the Customers Confirmation Invoice are provided to the
Company by its suppliers and so are not final and are for guidance only
and are subject to alteration and confirmation. In some cases, the
identity of the airline carrier, flight timings and/or routes may not
be available but will notify the Customer when the Company receives
that information.

The Customer will receive confirmation of the airline carrier(s),
flight timings and routes with the Customers travel documents, which
will be sent out approximately 14 days before departure. The Customer
must check the tickets carefully on receipt to ensure that the Customer
have the correct flight times and carrier details. If flight times
change after tickets have been dispatched, the Company will contact the
Customer as soon as practicable. Any change in the identity of the
Carrier(s) and/or flight timings will not entitle the Customer to
cancel or change other arrangements. It is the Customers responsibility
to ensure the arrival of all members of the Customer’s Booking Group at
the airport in sufficient time to check in and board the relevant
flight(s). Air Passenger Duty is payable by all passengers departing
from UK airports and is included in the price of each seat. In order to
qualify for infant status, a child must be under 2 years of age on the
day of its return flight. Please note that a ‘community list’ exists
(available for inspection at

http://ec.europa.eu/transport/air-ban/list_en.htm) which details air Carriers that are subject to an
operating ban with the EU Community. The Company is not the air Carrier or an operating air Carrier for the purposes of the Civil Aviation (Denied Boarding, Compensation and
Assistance) Regulations 2005 (the “2005 Regulations”). Under the 2005
Regulations the air Carrier and/or operating air Carrier has the
obligation to compensate passengers and all claims relating to
cancellation, delay or denied boarding in respect of any flight must
therefore be made to the relevant air Carrier.

Many of the flights and flight-inclusive holidays on this website are
financially protected by the Company’s financial protection insurance
scheme. But such financial protection does not apply to all holiday and
travel services listed on this website.

The Company will confirm what protection may apply to the Customers
booking.

20. DATA PROTECTION OF DATA SUBJECT

20.1 In order to process the Customers booking and to ensure that the Customers travel arrangements run smoothly and that the Company comply with its legal obligations to perform its holiday contract with the Customers the Company requires the Customer to provide personal data relating to all persons travelling on the booking, including children (data subjects). The Company shall collect such personal data in accordance with its privacy and data protection policies [this can be found at www.celestyalcruises.com] in accordance with relevant data protection laws including Regulation (EU) 2016/679 which applies from 25 May 2018.

20.2 Personal data means any data relating to the data subject, such as name, e-mail, postal address, date of birth, nationality, passport or ID number, bank or credit card details, biometric data for the purpose of uniquely identifying the Customers, data concerning health for the purposes of monitoring and alert purposes, the prevention or control of communicable diseases and other serious threats to health, including any special needs/dietary requirements, name and communication details of a person to contact in case of an emergency Sensitive data includes racial or ethnic origin and religious beliefs.

20.3 In accordance with its policies the Company shall only seek such personal data as is necessary to comply with its legal obligations (for example immigration and governmental requests) or to perform its contract with the Customers safely which includes information relating to medical conditions, reduced mobility or any disability which may be relevant to providing appropriate facilities and or assistance or assessing whether the holiday or any element provided is safe and suitable. Such personal data the Customers shall provide to the Company may be stored, used, disclosed by transmission or otherwise made
available to other suppliers or third parties in order to enable the Company to perform different parts of its contract with the Customers.

The Company will only process any data about the Customers that is relevant and necessary and where the Company is required to pass the information on to the relevant suppliers of the Customers travel arrangements such as airlines, hotels, transport companies covering various components of the Customers holiday with the Company. The Customers personal data may be required and provided to security or credit checking companies, public authorities such as customs/immigration or as required by law.

20.4 The Company will take full responsibility for ensuring that proper security measures are in place to protect the Customers personal data, including the security measures of any company or person processing the Customers personal data on the Company’s behalf. Additionally, where the Customers holiday is outside the European Union (EU), controls on data protection in the Customers destination may not be as strong as the legal requirements in the EU. However, the Company will only transfer the Customers personal data to a third country or an international organisation only if the third country or international organisation processing the Customers personal data has provided appropriate safeguards, and on condition that the Customers rights and legal
remedies in respect of his/her data are available.

20.5 The Company will not pass any of the Customers personal/sensitive data onto any person who is not responsible for any part of the Customers travel arrangements and the request for the personal/sensitive data is not necessary for the performance of the
Customers contract with the Company. The Company will retain the Customers personal data in its archived system for up to 7 years from the last use of such personal data to allow the Company to comply with its legal obligations relating to the bookings and for the additional purpose of defending any legal action brought against the Company in relation to the Customers contract with the Company. The Company will only keep the Customers personal data for as long as it is necessary or is required by law.

20.6 The Customer is entitled to seek access to personal data held by the Company in accordance with the Company’s policies and to ask the Company to rectify any inaccurate personal data concerning the Customer or to delete sensitive data subject to the policy and any legal basis on which the Company may object.

Customers may obtain a copy of the personal information held about himself/herself by contacting Celestyal Cruises Centre Limited in writing at 11 Lemesou Avenue, 2112 Nicosia, Cyprus or by email: [email protected]

20.7 It is the Customer’s responsibility to make sure that information which we hold about the Customer is up to date and accurate. Failure to do so will be a breach of the Terms

21. IMPORTANT INFORMATION

• Dress Code in the dining rooms: As most of the Customers like to dress up for dinner it is advisable for ladies to wear a dress or long slacks and long trousers with shirt or jacket for men. Please refrain from wearing shorts.

• Optional excursions, expenditures of a personal nature, snacks, medical expenses, port charges and other services are not included in the price of the cruise.

• Gratuities are charged directly on the Customer account. They are distributed equally among the crew and concern the services provided by the Customer cabin stewards, dining room staff and maitre d’hotel staff. We therefore recommend that the Customer do not offer any gratuities to individuals.

• For the comfort of all our guests, pipes and /or cigars are not to be smoked in cabins, waste convenience areas and public areas on board the ship, except on open decks. Cigarette smoking is allowed only in designated areas in our public rooms. The dining rooms have been declared as non-smoking areas.

• The currency on board is the Euro. Foreign exchange facilities are available at the Purser’s office.

• Any complaints and/or claims must be reported to the reception on board and the relevant form must be filled in and signed by the Customers before disembarkation.

• Transportation of Passengers, luggage and effects is subject to all the terms and conditions of the Contract of Carriage (i.e. Passenger Ticket) issued by the Carrier and available for inspection together with the text of the Athens Convention The Customer by accepting and/or using and/or travelling under the terms and conditions of the Contract of Carriage accepts all conditions set out there in whether or not the Customer Ticket has been delivered to him or her or to a third party.

Lost and Found

Any jtem left by the passenger on board the vessel shall be retained by the Carrier for a period of 6 months after which the Company shall have the right to donate the item to a recognised charity.

22. USE OF THE WEBSITE- Please refer to the “Terms of Use” (available on the Website)

23. PRIVACY POLICY- Please refer to the “Privacy Policy” (available on the
Website)

24. PASSENGER BILL OF RIGHTS- All persons booking a cruise with the Company should be aware of the applicability of the Passenger’s Bill of Rights (available on the Website)

25. SEVERABILITY

If at any time any one or more provisions hereof is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction such provision shall, as to such jurisdiction, be ineffective to the extent necessary without affecting or impairing the validity, legality and enforceability of the remaining provisions hereof in that or any other jurisdiction and of such provision in any other jurisdiction.

26. PASSENGER BILL OF RIGHTS

The Members of the Cruise Lines International Association are dedicated to the comfort and care of all Passengers on oceangoing cruises throughout the world. To fulfill this commitment, our Members have agreed to adopt the following set of Passenger rights:

26.1The right to disembark a docked ship if essential provisions such as food, water, restroom facilities and access to medical care cannot adequately be provided onboard, subject only to the Master’s concern for Passenger safety and security and customs and immigration requirements of the port.

26.2The right to a full refund for a trip that is canceled due to mechanical failures, or a partial refund for voyages that are terminated early due to those failures.

26.3 The right to have available on board ships operating beyond rivers or coastal waters full-time, professional emergency medical attention, as needed until shore side medical care becomes available.

26.4 The right to timely information updates as to any adjustments in the itinerary of the ship in the event of a mechanical failure or emergency, as well as timely updates of the status of efforts to address mechanical failures.

26.5 The right to a ship crew that is properly trained in emergency and evacuation procedures.

26.6The right to an emergency power source in the case of a main generator failure.

26.7 The right to transportation to the ship’s scheduled port of disembarkation or the Passenger’s home city in the event a cruise is terminated early due to mechanical failures. *

26.8The right to lodging if disembarkation and an overnight stay in an unscheduled port are required when a cruise is terminated early due to mechanical failures.

26.9The right to have included on each cruise line’s website a toll-free phone line that can be used for questions or information concerning any aspect of shipboard operations. **

26.10 The right to have this Cruise Industry Passenger Bill of Rights published on each line’s website.
* At Carrier’s discretion
** Where available and feasible for all countries in a region with access to the website