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IMPORTANT TRAVEL INFORMATION SPECIAL REQUESTS The airline will endeavour to satisfy any special service requests such as dietary requirements, meet-and-assist and wheelchair assistance. Regrettably we/the airline cannot guarantee your request. Some medical assistance and special meal requests may incur a charge, which will be invoiced accordingly. For all special requirements please email [email protected] or phone 1 800 754 500. Note: any request of this nature should be advised at the time of booking. Not meeting any special request for any reason will not be a breach of contract. Airlines may at their discretion refuse to carry guests with certain medical conditions, which affect you, and/or any member of your party at the time of booking. We do not guarantee that guests travelling within the same party will be confirmed on the same flight arrangements. UPGRADING AIRFARES Subject to availability and paying the difference in price, you can arrive in style by upgrading your Economy flight to a higher class of travel. If you are interested in upgrading your flight, please notify Reservations at time of booking and your request will be passed on to our Air/ Sea Department. PRE- AND/OR POST-CRUISE ACCOMMODATION FOR FLY/CRUISE BOOKINGS To ensure you arrive in sufficient time for your cruise, one night pre-cruise accommodation is required at selected gateway cities. This is at an additional cost. If accommodation is booked by us it will be itemised on your invoice. Any accommodation/travel arrangements booked independently will not be reflected on this invoice. It is your responsibility to ensure all travel arrangements are correct. Post cruise accommodation may also be required due to flight schedules. Please check with your travel agent or Air Sea consultant for details. 38. MAKING A COMPLAINT In the unlikely event you have a reason to complain whilst away, you must immediately notify the Guest Relations Desk onboard ship and the supplier of the service(s) in question (if not us). This is to ensure that we are given the opportunity to address and to attempt to resolve any issue you raise. Any verbal complaint must be put in writing and given to the supplier and us as soon as possible. If a problem cannot be resolved to your satisfaction and you wish to follow this up you must write to us on your return to the following address: Attention Guest Relations, PO Box 1237, North Sydney, NSW, Australia 2059 or [email protected] You must provide your booking reference number and full details of your complaint within 28 days of your return from holiday unless a different time limit applies to your claim - see clauses 33 and 34. We will only accept complaints from the lead name of a booking. If your complaint is written on behalf of other members of your travelling party, their full names and booking reference numbers must be clearly stated in the correspondence together with their authority for you to handle the complaint on their behalf. If you fail to follow this complaints procedure, your right to claim compensation may be affected or even lost as a result. If your booking is with an agency then all communication must go via them. We both agree that any dispute or claim will be dealt with by a court located in New South Wales, Australia to the exclusion of the courts of any other state, territory or country. We can only pay you compensation if the following conditions are met: * IF asked to do so, the person(s) affected must transfer to us any rights they have against the supplier or whoever else is responsible for your claim and complaint. The person(s) affected must agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights transferred to us. 39. LIABILITY OUR LIABILITY Subject to Our Limit of Liability below we promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, or anyone else for whose actions we are legally responsible to use reasonable skill and care in making, performing ‘or providing, as applicable, your contracted holiday arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course if their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).away, you must immediately notify the Guest Relations Desk onboard ship and the supplier of the service(s) in » We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: The act(s) and/or omission(s) of the person(s) affected ‘or any member(s) of their party; or - The act(s) and/ ‘or omission(s) of any third party for whose actions we are not legally responsible whether or not connected with the provision of your holiday and whether or not those acts and omissions were unforeseeable or unavoidable; or - ‘force majeure’ as defined in clause 40. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses. Please note we cannot accept responsibility for any services which do not form part of our contract such as the provision of medical diagnosis or treatment either on board or ashore during your cruise duration. This includes, for example, any additional services or facilities, which your hotel or any other supplier agrees to, provide for you where the services or facilities are not advertised in our brochure, and we have not agreed to arrange them. In addition, regardless of any wording used by us on our website, in any of ‘our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we not have any greater or different liability to you. The promises we make to you about 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 reasonable holiday maker to refuse to take the holiday in question. OUR LIMIT OF LIABILITY This contract and the terms and conditions of it are governed by New South Wales law. The terms below regarding the 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 Civil Liability Act (NSW) 2002. Whilst YOUR HOLIDAY IS A CLICK OR CALL AWAY. CELEBRITY.COM/AU / 1800 003 002 / CONTACT YOUR TRAVEL ADVISOR onboard the Vessel you may participate in recreational activities. You acknowledge an hat, by their very nature, the recreational act ou are participating in can be dangerous with inherent risks, hazards, and personal injury (and sometimes death) can occur and you agree to assume and accept all risk of personal injury or death which may occur. By using, participating in, engaging, or booking any recreational ,, you accept these risks and agree that Celebrity ses, its employees, directors, agents and contractors are not liable to any claim by you, your dependents or legal representatives in negligence, breach of contract or statute or statutory duty (including for breach of consumer guarantees implied by the Australian Consumer Law) resulting in personal injury or death, any direct/indirect or consequential loss or damage including without limitation of financial loss (such as loss of profits or use of capital or revenue or otherwise),or for any punitive, exemplary, special or incidental loss or damage. ivi By using, participating in, engaging, or booking any recreational activities onboard, you acknowledge, agree and understand that the risk warnings contained above constitute a ‘risk warning’ for the purposes of the relevant legislation, including for the purpose of section 5M of the Civil Liability Act 2002 (NSW). In addition, nothing in these terms and conditions affects our right to limit our liability under the Limitation of Liability for Maritime Claims Act 1989, You acknowledge, agree and understand that Celebrity Cruises is not responsible in any way for the actions, inaction, omissions, negligence, or willful or deliberate misconduct, of independent third parties, including, but not limited to, any independent third party suppliers of tenders, shore excursions and/or activities and you agree to assume and accept all risk of personal injury or death which may occur, and hereby waive the right to pursue a claim against Celebrity Cruises, its employees, directors, m suc ‘ll participants who engoge in such recreational activities do so at their own risk. Celebrity Cruises’ limit of liability for any shore excursions activities is covered in Clause 25 of these Booking Conditions. The exclusions and limitations of liability of Carrier set forth in the provisions of this Ticket Contract, as well as all rights, defenses and immunities set forth herein, shall also apply to and be for the benefit of certain designated third party beneficiaries which include the parent, subsidiary, affiliate, and successor companies and assigns of all the anttios idontied in this Section the officrs,dractrs, employees, agents, crew and pilots of all the entities identified in this Section, and any agents, independent contractors, and all concessionaires, physicians and medical personnel, retail shop personnel, health and Brabuty State ness ots Shore excusion providers tous operators, shipbuilders, manufacturers and designers of the Vessel or Transport, and/or installers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to the Vessel or any substituted ship or Transport, or owned or operated by its owners, operators, managers, agents, charterers, contractors, concessionaires or others; as well as owners and operators of all shoreside properties at which the Vessel or any substituted ship or the Transport may call. 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
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