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or different liability to you. The promises we make to you bout the services we have agreed to provide or arrange as part of our contract — and the laws and regulations of the country in which your claim or complaint occurred — will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the US, which would have applied had those services been provided in the US. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a rassonable heliday maker 10 refuse to feko the holiday in question. Our limit of lial This contract and the terms and conditions of it are governed by NSW law. The terms below regarding the imits 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 Civil Liability Act (NSW) 2002. In addition, nothing in these terms and conditions affects our right to limit under the Limitation of Liability for Maritime Claims Act 1989. a) For guests making bookings which involve cruise itineraries 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 us. 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 bodor The Athens Convention must berwada win the time limits set 0 e Athens Convention, The Athens Convention limi yaximum 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 sod makes special provision for valuable, For claims luggage and valuables, please see other Clauses 6f these terms and condifigns. Where any clan 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 limited. 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 mal 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. Copies of the applicable International Conventions and Regulations are available 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 is found to be applicable. In all other cases as stated above our liabi imited pursuant to the Civil Liability Act 2002 and Limitation of Liability for Maritime Claims Act 1989, In summary, the current maximum tiny that 2pply under EC 392/200! event of o lity for death or personal injury caused by a shipping incident te 2anDo spell iain te (SDRs ) unless ach caused by an act of war, natural phenomenon, ci war, terrorism or a other exception set out in ce Athens Convention. Where we are found to have been negligent this teri s neesead to 400,000 SDRs. The limit of our ti leath and personal injury for non - npping ingidents is limited to 400,000 SDR. 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 limited to war or threat of war, acts of terrorists or threats of such acts, riots or 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, OTHER 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 this 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 Australian 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 details will include, where applicable, the names and addresses of party members, credit/debit card or other payment details and special requirements such 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, citizenship, 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: TERMS & CONDITIONS © 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 1800 570 552 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 confidential save where disclosed as outlined above so we can fulfil your holiday or where you have consented to such disclosure or use for specific purposes. We will use only names and contact details for marketing purposes: f you do not wish torecelve any marketing please let us know by contacting Customer Relations on 1800 570 552. 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 1800 70 552. To read our full Privacy Policy, please go to: www.Azamara.com/en-au. 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 time of printing, regrettably errors may occasionally occur and information may have changed since printing. Our brochure is issued by Azamara, office address at SP Cruises OpCo Limited, Park Place, 3rd Floor, 55 Par-la-Ville Road, Hamilton HM11, Bermuda. roiitored 45. TRADEMARKS: Azamara, Azamara Journey, Azamara Quest, Azamara Pursuit, Azamara Onward and Azamara Circle are trade/service/registered marks of SP Cruises OpCo Limited. Ships’ registry: Malta. ©2022 Azamara’. All Rights Reserved. O7
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