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26. On board medical centre 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. We are nota 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. 27, On board medical charges All voyages on Our ships are outside the scope of Australian Medicare, New Zealand Accident Compensation Corporation (ACC) and private health insurance. All consultations, treatments and medications are charged at private rates and must be paid by You on board and claimed through Your travel insurance. 28. Other service providers and arrangements as While We specialise in ocean voyages, You may choose to book other services through Us such as flights, accommodation, transfers and shore excursions. We can assist You in making these arrangements; however, We act only as a booking agent. The service providers are solely responsible for the information and service offered and their conditions will apply. Although Our responsibility is on board the ship, where We arrange these services for You, We 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. In the event that You go ashore You do so at Your own risk. You are responsible for adhering to the local laws, regulations and customs. We take no responsibility for any injury or loss that occurs while You are not onboard the ship. 29, Travel restrictions and rights of the Captain During the cruise the Captain will exercise complete control over the ship and take such actions as he or she thinks necessary to preserve the safety and integrity of the ship and the comfort, safety and enjoyment of the guests and crew. You are responsible for ensuring that no travel restrictions apply to You. If police or any other authority in any jurisdiction notify Us of, or We otherwise become aware of, any matter that reasonably causes Us to believe Your presence on board presents a risk to Your own health or safety or the health or safety of other guests and crew, We, or the Captain, may deny You boarding and may refuse or cancel any bookings from You. Onee the cruise has commenced, if a guest seriously affects the safety, well-being or enjoyment of themselves or any other person on board, the Captain has the right to confine, sedate or disembark the guest. In such cases, We are 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 on board comes first. 30. Leaving the voyage early If You are required or choose to leave the voyage for any reason (unless caused by Our proven negligence or failure to provide services with due care and skill and that are reasonably fit for purpose), We are not responsible for any expenses, including Your return home. This also applies if You do not return to the ship after a port visit in time for sailing. If We assist You with any costs, You will need to repay Us on Your return. In addition, You will not be entitled to any refunds. 31. Limitation of Liability Limitation of liability for Recreational Services Save for liability for significant personal injury caused by Reckless Conduct by Us or Our servants or agents, We exclude liability for all Excluded Recreational Liabilities arising out of the supply of Recreational Services. Contributory Negligence Our liability will be reduced in proportion to any negligence or fault on Your part. 32.Notification of Claims You agree to use all reasonable efforts to bring the issue to report any complaints or claims on board, or otherwise bring the matter to Our attention as soon as possible. You acknowledge that failure to bring any matter to Our attention whilst on board will limit Our ability to investigate the matter following Your cruise. These Booking and Passage Conditions must, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but ifa 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 itis 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 Passage Conditions will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or unenforceability. 33. Choice of law and jurisdiction This contract is governed by the laws in force in New South Wales. You agree that any action You bring against Us will be brought in Australia. If You have a claim against Us, You agree only to bring action against Us and not any of Our related bodies corporate as defined in the Corporations Act 2001 (Cth). 34. Privacy Privacy laws safeguard your personal details. Personal Information 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: + tocollect personal information within the meaning of the Privacy Act 1988 (Cth) or any other applicable privacy legislation about You: + from any third party making a booking on Your behalf for cruise administration purposes; + from any guest in Your booking or if You are travelling as part of a group — from any guest 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 purpos: + where lawful and Faso resessaly to perform Our functions or activities, We may be required to collect sensitive information including, information about health, race and criminal record. disclose Your personal information: + to Our service providers, including mailing houses, ticketing companies, marketing agencies, emergency response providers, call centres, claims processors and lawyers for the purpose of enabling them to provide relevant services; to Our booking centre which is located in the Philippines; 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 United Kingdom with registered branch offices in Australia, New Zealand and Japan) for cruise administration and business operation purposes; toYour travel agent for cruise administration purposes, including any information relating to travel bans; + to other guests in Your booking or where You book as part of a group - to every guest in Your group (excluding credit card details); + toan emergency contact person You have nominated for emergency management purposes; ‘to Australian and foreign 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 list 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 on board expenses are charged to someone else's credit card - to deliver on board Ss Booking and passage conditions 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 whois not in New South Wales or toa Commonwealth agency - to transfer Your health information outside New South Wales or to the Commonwealth agency; in the event that You lodge 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 our guests and crew, we use Closed Circuit Television (CCTV) to monitor and record public areas on board all Our ships. This footage and any accompanying audio recording is confidential and is not available for viewing, unless required or permitted by law. We are not responsible for any consequences arising from the viewing or other use of this footage. If You would like further information please refer to cunardline.com.au/legal-information or contact Us on: Email: [email protected] Post: PO Box 1429, Chatswood NSW 2057 Alternatively, our Privacy statement can be found online at cunard.com/en-au/advice-and-policies/privacy-policy 35. Cunard Environmental Statement Here at Cunard We take Our environmental responsibilities very seriously and are committed to reducing Our environmental impact. We are dedicated to preserving the marine environment in which We operate, and therefore believe it is Our duty to introduce environmental practices which seta high standard of excellence and responsibility. To support Our aim We have developed an environmental management system independently certified to ISO 14001, which is the most widely recognised global standard for improving environmental performance. We recognise that without appropriate treatment, the waste generated on boar Our ships, together with the fuel and other products We use to transport, feed, entertain and take care of You could have an impact on the environment. Our waste treatment facilities ensure that all waste is appropriately managed to minimise its impact upon the oceans. All general waste is treated on board to reduce its volume prior to landing ashore and, whenever possible, general waste is recycled. We are reducing Our air emissions through the implementation of fuel efficiency measures, including improved hull coatings, low energy lamps, increased recirculation of waste heat and improved efficiency in air conditioning and We continue to explore new technologies. Through these measures and other initiatives, Cunard will ensure that We help preserve Our environment for future generations. 36. Dictionary In these Booking and Passage Conditions: “CCA” means the Competition and Consumer Act 2010 (Cth); + “Consumer Guarantee” means right or guarantees a guest may have under the Australian Consumer Laws or other rights in relation to the supply of goods or services that cannot lawfully be excluded or limited; “Consumer Laws” means schedule 2 of the CCA and any equivalent Australian or New Zealand state or territory legislation; + “Consequential Loss” means any loss or damage suffered by a guest 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 oppo + “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.
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