Products in this catalogue
limits of liability under certain International Conventions are only applicable in the event that any of those Conventions are found applicable as a matter of NSW law. In all other circumstances our limit of liability is that set out in the Ci ‘Act (NSW) 2002. In addition, nothing in these terms and conditions affects our right it our liability under the Limitation of Liability for ime Claims Act 1989. a) For guests making bookings which involve cruise neraries where the place of departure and destination or the flag of the Vessel upon which the cruise is booked the provisions of the Convention relating to the Carriage of Passengers and their luggage by sea 1974 (‘The Athens Convention’) may apply to your cruise as well as the process of getting on and/ or off the ship at all times during your cruise. Please note however that Australia is not a signatory to the Athens Convention and unless the Athens Convention is deemed to apply as a matter of law, the terms of the Athens Convention do not apply as a matter of contract between you and Where the Athens Convention does apply, for any claim involving death or personal injury or delay of or loss of or damage to luggage the only liability we have to you is in accordance with The Athens Convention. This means you are not entitled to make any claim against us which is not expressly permitted by The Athens Convention or which is in excess of the limits provided by The Athens Convention. Any claims covered under The Athens Convention must be made within the time limits set out in The Athens Convention. The Athens Convention limits the maximum amount we as the carrier have to pay if found liable in the event of death or personal injury or loss or damage to luggage and makes special provision for valuables. For claims concerning luggage and valuables, please see other clauses of these terms and conditions. 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 and/ or off the transport concerned) provided by any air, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be imited. 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 is, except as otherwise expressly set out in the Booking Conditions, the most the carrier or hotel keeper concerned would have to pay under any contract or International Convention or Regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation or pursuant to their own terms and conditions in respect of a claim or part of a 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 ivhich Joli have recaived oF are Snfilled to receive Hoth the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are avaliable from us on request b) For guests making bookings which involve cruise itineraries where the place of departure or destination is a member state of the European Union, subject to such not being in conflict with local law, we limit our liability to you for death and personal injury or loss of damage to luggage in accordance with EU Regulation 292/2009 if that Regulation i found to be applicable. nal other cases as stated above our lial limited pursuant to the Civil Liability Act 2002 and Limitation of Liability for Maritime Claims Act 1989. In summary, the current maximum limits that apply under EC 392/2009 in the event of our liability for death or personal injury caused by a shipping incident is 250,000 special drawing rights (SDRs ) unless such is caused by an act of war, natural phenomenon, civil war, terrorism or any other exception set out in the Athens Convention. Where we are found to have been negligent this limit is increased to 400,000 SDRs. The limit of our liability for death and personal injury for non - shipping incidents is limited to 400,000 SDRs. Your liability 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 or 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 necessary passports, visas and all other travel documents and that these are valid and in order. 40. CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL Except where we specifically say otherwise in these Information, Terms and Conditions, we cannot accept any liability or pay any compensation where your cruise or any other services we have promised to arrange or provide cannot be provided at all or as promised as a result of circumstances which are outside our reasonable control ("force majeure"). When we talk about circumstances which are outside our reasonable control, we mean any event which we or the supplier of the service in question could not have avoided even after taking all reasonable care. Such events include but are not li war or threat of war, acts of terrorists or threats of such acts, riots or civil unrest, industrial action, natural or nuclear disaster, fire, adverse weather conditions, health risks, epidemics, mechanical difficulties (which we could not have anticipated or avoided despite our normal comprehensive mechanical checks) acts of God and any and all other circumstances whatsoever which are beyond our reasonable control. 41,O0THER CONDITIONS WHICH APPLY TO YOUR CRUISE Airlines and our other suppliers have their own conditions which may apply to you. Some of these conditions may limit or exclude the airlines’ or other suppliers’ liability to you, often in accordance with international conventions. Copies of the relevant parts of these conditions should be requested and obtained by you from the supplier. 42.PRICE AND BROCHURE ACCURACY ‘Azamara's policies and procedures are constantly evolving. At the time of printing, all those listed in our brochure were correct. Please note: The information, itineraries and prices shown in our brochure may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of the brochure and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure that you check all details of your chosen holiday with your travel agent or with us direct, at the time of booking. 43.PRIVACY STATEMENT ‘Azamara is subject to New Zealand privacy laws and, as a branch of an English company. European privacy laws subject to any conflict of law provisions. In order to process your booking, we will need to collect and process certain personal details from you. ‘These etal wil nol, where spplcable, the names and addresses of party m card or other payment details end ee ial vole ch as those relating to any disability or medical condition which may affect the chosen holiday arrangements, and any dietary restrictions which may disclose your religious beliefs. We may also need to collect other personal details such as your nationality citizenshi gender and passport details in addition to the details mentioned above. If we need any other personal details, we will inform you of the details we require and for what purpose we need them before we obtain those details from you. We may need to pass on your personal details to the companies and organisations that need to know them so that your holiday can be provided (for example our ships, shore excursion providers, your airline, hotel, other supplier, credit/debit card company or bank as required). We may also be required, either by law or by applicable third parties (such as Immigration Authorities) to disclose your details for various reasons; for example in the interests of protecting national security. Such companies, organisations and third parties may be outside Australia, In the event that we disclose personal information to any third party we always make reasonable endeavours to ensure that the information will be treated in accordance with applicable privacy laws. We would also like to store and use your personal details for future marketing purposes. We will only send you marketing communications if you have purchased a cruise holiday from us or have expressly opted — in to receiving marketing from us. You can opt out at any time of receiving marketing by contacting Customer Relations on 0800 445 733 or opting out in any email marketing communication. All details you give us in connection with your booking (including those relating to any disability or medical TERMS & CONDITIONS) condition or your religious beliefs) will be kept confidential save where disclosed as outlined above so we can fulfil your holiday or where you ha sonaatited to such disclosure or use for speci s. We willuse only names and contact details for marketing purposes. If you do not wish to receive any marketing material please let us know by contacting Customer Relations on 0800 445 733. We are committed to ongoing training, a part of which sometimes involves the recording of telephone calls We also use CCTV (Closed Circuit Television) to monitor images on all Azamara ships for the purpose of crime prevention and the safety of our guests generally: we will usually store these images for up to three months. We may store those images for longer if required to record an incident. For further information about the storage of CCTV images please contact our Privacy Officer at Customer Relations Azamara at 0800 445 733. To read our full Privacy Policy, please go to: www. Azamara.com/en-nz 44, BROCHURES When a new brochure is printed, its content replaces all previous editions of that brochure. Whilst every effort is made to ensure the accuracy of the brochure at the fime of printing regrettably errors may occasionally ‘occur and information may have changed since printing. Our brochures issued by Azamara. with registered office address at SP Cruises OpCo Limited, P: Place, 3rd Floor, 85 Par-la-Ville Road, Hamilton HMI, Bermuda. 45.TRADEMARKS Azamara, Azamara Journey, Azamara Quest, Azamara Pursuit, Azamara Onward and Azamara trade/service/registered marks of SP Cruises OpCo Limited. Ships’ registry: Malta. ©2022 Azamara’. All Rights Reserved. 105
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