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144 TERMS & CONDITIONS The Guest acknowledges that the ship may travel to destinations where medical care or evacuation is delayed or unavailable, Medical personnel on board NCL ships shall not be considered as employees, servants or agents of NCL. The Guest acknowledges and agrees that NCL cannot intervene, supervise or direct the medical decisions and/or care provided by on-board medical personnel and that NCL shall not be liable in any respect whatsoever for the medical care, treatment or diagnosis of Guest by medical personnel on board or ashore, nor for any other act or omission related to, occurring during, or arising from the medical treatment, consultation or services provided to or for a Guest. Guests are responsible for all fees and costs associated with medical services provided by on-board medical personnel or incurred for any emergency medical evacuation or deviation, All NCL cruises are outside the scope of Australian Medicare and private health insurance, consultations, treatments and medicines are charged at private rates and must be claimed through your international travel insurance 22. TRANSFERS Airport to pier (if applicable) transfers and vice versa are available for purchase for all Guests. Guests who want to purchase wansters should contact our Reservations Department and also advi them of the correct flight times. The Guest is responsible to advise the Reservations Department of any flight schedule changes. All Guests who purchase transfers will receive a transfer voucher prior to departure. Upon arrival in the city of embarkation, Guests should proceed to the baggage claim area to claim their luggage. An NCL representative will meet them in the baggage claim area on domestic flights and outside of customs on international flights to assist with their transportation to the ship or hotel (if applicable). For cruise-only Guests booking their own return fights, we suggest a departure time no less than six hours after the announced arrival time ofthe ship. If we are providing off-board transportation to you, we act only as agent for the third party providing those services and the terms and conditions of the Consumer Contract do not apply to such transportation. The operators’ terms and conditions may significantly limit or exclude liability, and will be made available to Guests upon request. NCL shall not be responsible for any damage or inconvenience caused by late air, car or motorcoach arrivals, or for any damage to property ff personal injury suffered off the ship, where that loss or damage is not attributable to the acts or omissions of NCL in arranging any transportation or transfer. 23. TRAVEL PROTECTION We highly recommend you purchase appropriate personal travel insurance to caver you ithe even of (coding and not limied ta) you cancelling your booking with NCL; any third party cancellations; baggage damage; accident cover costs; medical injury and expenses; and any other liabilities that will not be covered by NCL. Please note each travel insurance policy will have different levels and amounts of scope depending on the particular insurance provider and the level of cover purchased. 24. APPLICABLE LAW AND FORUM AND LIMITATIONS ON ACTIONS The Customer Contract, including these terms and conditions, shall be construed under the laws of New South Wales, Australia, and any and all disputes or matters whatsoever incident to, arising from, or connected with the Customer Contract or your cruise shall be governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdictions of the courts of that state in the event of any dispute or claim between you and NCL. A copy of the terms and conditions that apply to the Guest Cruise Ticket are available upon request or can be reviewed at ncl.com. 25. YOUR TRAVEL AGENT Your travel agent acts for you in making the arrangements for your cruise and any related travel, lodging and tours. NCL cannot be responsible for the financial condition or integrity of any travel agent utilised by you. NCL is not responsible for any representations of conduct of your travel agent, including, but not limited to, failure to remit your deposit or other funds to NCL, for which you shall at all times be liable to NCL, or any failure to remit a refund from NCL to you. 26. SAFETY AND SECURITY NCL visits a large number of ports in numerous countries around the world. At any given moment, there are likely to be “trouble spots" in the world, in terms of crime and/or war or terrorist actions. Accordingly, it may be necessary to change the published cruise or Shore Excursion itinerary Any such changes are for your safely and beyond NCL’s control. While NCL endeavours to provide reasonable protection for your comfort and safety on board its ships, NCL makes no representation as to the safety, Conditions or other issues that may exist at any destination and cannot guarantee freedom from all risks associated with war, terrorism, crime or other potential sources of harm. NCL reminds all Guests that they ‘must ultimately assume responsibilty for their actions while ashore. The Australian and New Zealand Governments and other similar government agencies regularly issue advisories and warnings to travellers, giving details of local conditions in specified cities and countries according to the agency's perception of risks to travellers. NCL strongly recommends that Guests and their travel agents obtain and consider such information when ‘making travel decisions. Also, please be advised that weapons and illegal narcotics (including medical marijuana or similar drugs used for medicinal purposes) are not permitted on board any NCL ship. 27. OUR LIABILITY Subject to the limits and exclusions of liability below we will make sure that the services we have agreed to perform or provide as part of this Customer Contract with you are made, performed or provided with reasonable skill and care. This means that, subject to the terms and conditions of the Customer Contract, we will accept responsibility for a breach of the Customer Contract or if NCL or its employees, agents or contractors fail to use reasonable skill and care in performing or providing, as applicable, the services set out in the Customer Contract. fe will only be responsible for what our employees, agents and contractors do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to perform (for agents and contractors). GENERALEXCLUSIONS Other than as specified in these ANZ Terms and Conditions or applicable laws, we exclude all liability for any costs, expense, losses or damages whatsoever that may arise in any way in connection with your cruise. To the maximum extent permitted by law, we will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum = ml of any description whatsoever which results from any of the followi * the act(s) and/or omission ns} ‘of the Guest(s) affected or any member(s) of their party; + the act(s) andlor omission(s) of a third party not connected with the provision of the services provided by or on behalf of NCL; or + the occurrence of events of ‘Force Majeure’ (as that term is defined at clause 16), We are not liable for any damage arising from our compliance with any laws or government regulations or your failure to comply with the same. These ANZ Terms and Conditions (including any exclusion or limitation of iy) spt to and ae for he Benet of any NCL representatives or employees to the same extent as they apply to us. The total amount that you can recover from us, any NCL representative or employee will ot be more than the total amount of our lability, if any. Except where these ANZ Terms and Conditions provide otherwise, our liability if any, is limited to proven compensatory damages, RECREATIONAL SERVICES If you are an Australian Guest, where NCL provides Recreational Services (as that term is defined in section 139A(2) of the CCA), liability is excluded to the maximum extent permitted by law for any and all Excluded Recreational Liabilities (as set out in section 139(3) the CCA and including, but not limited to, liability for death, physical ‘or mental injury, or contraction or aggravation of any disease) which atises out of the provision of the Recreational Services, and which is not caused by the Reckless Conduct (as that term is defined in section 139A(5) of the CCA) of NCL, or its employees, agents or contractors. CONSUMER GUARANTEES Without limiting the application of any other limitation or exclusion of liability in these terms and conditions and the Customer Contract, to the maximum extent permitted by the Consumer Laws, our liability under this Customer Contract is limited to resupplying the services to which this Customer Contract relates or the payment of the cost of having the services to which this Customer Contract relates supplied again. CONSEQUENTIAL LOSS To the maximum extent permitted by law, we exclude liability for indirect and consequential loss, being any claim or liability that does not arise naturally and according to the usual course of things from the ‘event giving rise to the claim or liability under the Customer Contract, including a claim or liability under the Customer Contract that arises due to special circumstances of the parties that were not known to the party having a liability under the Customer Contract, including (without limitation) any loss of expectation, loss of opportunity, loss of cost saving, loss of goodwill or loss of enjoyment, in each case whether or not such claim or liability was in the contemplation of the parties at the date of entering into this Customer Contract. CONTRIBUTORY NEGLIGENCE To the maximum extent permitted by law, our lability (if any) will be reduced in proportion to any contributory negligence or fault on your part or the part of any other person that is not an employee, agent or contractor of NCL, THIRD PARTY SERVICES, Please note we cannot accept copia for ay es which do not form part of this Customer Contract. This includes, for example, any additional services or facilities, which vei hotel, airline or any ‘other supplier agrees to provide for you which do not form part of the cruise we operate. In the event that NCL arranges for the transportation of Guests to and from the ship, or sells tickets for shore-side tours or arranges any other services which are operated by independent contractors, NCL does so for the convenience of Guests, and, to the maximum extent permitted by law, disclaims liability for any delay, damage, loss, injury or death which results from the use of those services and which is not occasioned by reason of the fault or negligence of NCL or any of its employees, agents or contractors. Without limiting the application of any other limitation or exclusion of liability in these terms and conditions and the Customer Contract, our liability to you for death, injury, loss or damage to luggage shall be limited in accordance with applicable law, regulation or international convention. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on andlor off the transport concerned) provided by any air, rail or road carrier or any stay in @ hotel, the maximum amount of compensation we will have to pay you willbe limited by applicable law, regulation or international convention. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis, the most the cartier or hotel keeper concerned would have to pay under applicable law, regulation or international convention, which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention). Where a carrier or hotel would not be obliged to make any payment to you under any applicable international convention, regulation or in accordance with applicable law in respect of a claim or part of the claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. 28. YOUR LIABILITY You agree to use all reasonable efforts to report any complaint or claim ‘on-board or otherwise to bring it to our attention as soon as possible. You acknowledge that any failure to do so may limit our abilty to investigate the matter following your cruise. You must ensure that you are using an up-to-date brochure when you book your cruise. We cannot accept any liability whatsoever for any mistakes of any incorrect/inaccurate information which results from the use of any out-of-date brochure. It is your responsibility to: + ensure that you and everyone travelling with you have all necessar passports, visas and all other travel documents and that these are valid and in order; anc + ensure that you comply with all laws, regulations and order of the places you wil visit, including as to inoculations and health documents. If we provide assistance for any of these aspects of travel this does not release you from your responsibilty in respect of these matters. 29. PRIVACY NCL is subject to the Australian Privacy Principles as contained in the Privacy Act 1988 (Cth) for Australian Guests (“APPs"), and the New Zealand Information Privacy Principles as contained in Privacy Act 1993 (NZ) for New Zealand customers ("IPPs") (the applicable act being the “Privacy Act"). We endeavour at all times to comply with the APPS and IPPs as relevant. NCL has in place a Privacy Policy which informs Guests and other NCL customers of how we collect your personal or sensitive information and how we use, store and disclose that information. Please note that NCL also has in place processes to address any complaint in relation to the disclosure or use of personal or sensitive information. To make aan enquiry, a complaint or to obtain a copy of the full Privacy Policy of NCL, please contact us in one of the following ways: “Telephone our local Sydney Contact Centre on 1300 255 200 (AU) or 0800 969 283 (NZ); or “Write to us at: NCL Australia Pty Ltd Level 7, 99 Elizabeth Street Sydney, NSW, 2000 Australia Alternatively, a copy of our Privacy Policy can be found online at Please note that in order to process your booking we need to obtain certain personal (and, in certain circumstances, sensitive) inform: about you. In providing this information, you authorise us to collect, Use and disclose such information about you in accordance with the NCL Privacy Policy. INFORMATION REQUIRED BY YOU At the time of booking we will require Guest contact information for all Guests on the booking including email address and contact phone In the event of last minute schedule changes or emergency situations we may need to use this information to contact the Guest directly. You must provide the relevant details at the time of booking your cruise or no later than the deposit due date. Our procedures may change from time to time and we will inform you ot any changes at the time of booking or as soon as possible thereafter. I you fail to supply the details requested, both fully and accurately, you may not be permitted to board your cruise ship. We will not accept any liability in this situation and we will not pay you any compensation or make any refunds. You will also be responsible for your onward/return travel arrangements. If failure to have this information results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. Please also see Privacy Policy Statement on our website. https://www.ncl.com/aulen/about/ australia-privacy-policy Please note that all details you give us in connection with your booking will be kept confidential and will only be stored and used for marketing purposes including sending information about our exclusive offers and products by email and messaging services and by telephone and fax. Please note that you are able to remove your details from our contact lists at any time. If you object to any of the above uses of your personal information, or believe that any of your personal details which we are processing are inaccurate or incorrect, please contact us in one of the above mentioned ways. SECURITY CAMERAS Please note that NCL uses CCTV (Closed Circuit Television) to monitor and record public areas of all NCL ships for the safety and security of our Guests. This footage is confidential and may be stored for such period as is permitted under any applicable law, regulation, policy or code. It is only available for viewing as permitted and required by law. NCL is not responsible for any consequences arising from the viewing and use of this footage. 30. READING DOWN If any of the terms and conditions of these ANZ Terms and Conditions, or otherwise included in the Customer Contract, is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable. If that is not possible, the invalid, illegal or unenforceable term or condition will be severed from the Customer Contract and the other conditions will remain valid
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