THESE CONDITIONS OF CARRIAGE SET OUT THE RELATIONSHIP, RESPONSIBILITIES AND LIABILITIES BETWEEN THE GUEST AND THE CARRIER. THE CARRIER’S CONDITIONS OF CARRIAGE LIMIT THE CARRIER’S LIABILITY FOR DEATH AND/OR PERSONAL INJURY. ALL GUESTS ARE REQUIRED TO READ THE CONDITIONS OF CARRIAGE WHICH ARE EXPRESSLY INCORPORATED INTO THE GUESTS CRUISE HOLIDAY CONTRACT WITH THE ORGANISER AND WHICH SHALL BE BINDING ON ALL GUESTS INCLUDING MINORS WHETHER THEY HAVE READ THEM OR NOT.
In these Conditions of Carriage unless the context otherwise requires, the following expressions shall have the meaning assigned to them:
"Carrier" means Magical Cruise Company Limited, trading as Disney Cruise Line, and the Vessel itself (or a substitute vessel) and is to include the registered/ beneficial owners, charterers, operators and managers of the Vessel and all carriers as defined pursuant to EU Regulation 392/2009 and The Athens Convention.
"Vessel" means a ship operated, owned or chartered or provided by the Carrier on which the Guest is to or may be traveling or, as the case may be, against which the Guest may have a claim.
“Contract” means the cruise holiday Contract for carriage onboard the Vessel entered into between the Organiser and the Guest or Responsible Adult.
“Disabled Person” or “Person with Reduced Mobility” means any person whose mobility, when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psych-social disability or impairment, or any other cause of disability as a result of age, and whose situation needs appropriate attention and adaption to his particular needs, a service made available to all passengers.
"Guest" means all passengers (adults and minors) traveling under the Contract and includes Responsible Adults. The word “Guest” is also used synonymously with “Passenger”.
"Responsible Adult" means the parent or guardian of a minor child under the age of 18, any adult over the age of 21 who is authorized by the parent or guardian to have the care, custody and control of the parent or guardian's minor child under the age of 18, or the guardian or other legal representative of a person that is not competent to contract. A Responsible Adult accepts that these Conditions of Carriage are binding on the minor child or ward.
"Master" means the Captain or his delegated subordinate commanding the Vessel on any vessel provided by Carrier on which the Guest may be traveling.
“Minor” means any person under 18 years of age.
“Organiser” means the party with whom the Passenger has entered into the Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements which includes the cruise onboard the Vessel or other equivalent.
“The Athens Convention” means the Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 2002. A copy of The Athens Convention is available on request or may be downloaded from the Internet at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/261628/Misc.6.2013_Prot_2002_Athens_8760.pdf.
“EU Regulation 392/2009” means European Union Regulation 392/2009 on the Liability of Carriers to Passengers in the Event of Accidents. A copy of EU Regulation 392/2009 is available on request or may be downloaded from the Internet at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R0392&from=EN.
"Property" means such belongings, effects and possessions, including Luggage, as the Guest may bring aboard the Vessel, irrespective of whether the property is placed in the Guest's stateroom or worn by the Guest, or, stored in the Vessel's Luggage room, holds or safes. For the purposes of EU Regulation 392/2009 and The Athens Convention such Property is referred to as “Luggage”.
"Luggage" is defined pursuant to EU Regulation 392/2009 and The Athens Convention to include bag(s) suitcase(s) packages, trunks or other personal items belonging to or carried by any Guest, including cabin luggage, hand luggage and articles worn by or carried on the persons of the Guest.
“Shore Excursion” means any excursion offered for sale by the Carrier for which a separate charge is payable whether booked prior to commencement of the cruise or onboard the vessel.
“Doctor” means the medical doctor(s) onboard the Vessel.
1.1. The Carrier agrees to transport the Guest(s) on the specific Voyage(s) ("the Voyage") on the date and Vessel and stateroom category indicated or on any substitute vessels.
1.2. The Booking is valid only for those Guests for whom it is issued for the dates and Vessel and stateroom category indicated or any substitute vessel and IS NOT TRANSFERABLE.
1.3. These Conditions of Carriage cannot be amended without the written and signed consent of the Carrier or its authorized representative.
2.1. The Vessel’s operation is subject to weather conditions, mechanical problems, vessel traffic, government intervention, duty to assist other vessels in distress, availability of berth facilities, and other factors which may be beyond the Carrier's control.
2.2. The Carrier does not guarantee that the Vessel will call at every advertised port or follow any particular route or time schedule. The Master and the Carrier shall have an absolute right to change or substitute the advertised schedule, ports, itinerary or route, or substitute other ships, without notice. If a scheduled port of embarkation is substituted, the Carrier shall determine and arrange transportation to the substituted port at no extra expense for the Guest.
2.3. Before the Voyage begins, the Carrier has the right to cancel the Voyage for any reason without notice or if it considers that it is necessary to do so for the safety of the Vessel, or persons onboard.
2.4. The Carrier or the Master shall have the liberty to comply with any Order or Directions as to departure/arrival routes, ports of call, stoppages, trans-shipment, discharge or destination or otherwise given by any government or any department thereof or by any person acting or purporting to act with the authority of any government or any department thereof or by any war risks insurance association working under any government scheme in which the Vessel may be entered. Nothing done or not done under such orders or directions shall be deemed a deviation in law.
2.5. Any dates and/or times specified in any timetables or otherwise which may be issued by the Organiser and/or the Carrier are only approximate and may be altered by the Carrier at any time and to such extent as is considered necessary by the Carrier.
2.6. If the Vessel shall be prevented or hindered by any cause whatsoever from sailing or proceeding in the ordinary course the Carrier shall be entitled to transfer the Guest either to any other similar Vessel or with the consent of the Guest to any other means of transportation bound for the Guest’s place of destination.
3.1. The Carrier shall not be liable for any loss, injury, damage, or inability to perform the Voyage or provide all services or itineraries arising from any Unavoidable and Extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken by the Carrier including (without limitation) technical problems, war or threat of war, terrorist activity or the threat of terrorist activity, riots, civil commotion, disaster, Act of God, natural and nuclear disaster, fire, closure of ports, strikes or other industrial action, medical problems on board the ship or at intended ports, including, in each case, incidents of infectious or other diseases or illnesses, lawful deviation at sea in response to a distress call or other emergency and adverse weather conditions.
3.2. If any Guest is detained on board or elsewhere at any stage or at destination because of quarantine, port regulations, then applicable law, illness or other cause, all expenses incurred in connection with such detention shall be for Guest's account. Any Guest carried beyond destination for any reason without fault of the Carrier shall pay for any additional maintenance or extra transportation.
4.1. The Guest is solely responsible for ensuring compliance with all governmental travel requirements, laws or regulations for all ports of call on the Vessel’s itinerary.
4.2. All Guests must present for inspection at check-in, a valid Passport and any visa, entry or exit permit, or other documentation required by any port on the Vessel’s itinerary.
4.3. The Guest, or if a Minor, his parents or guardian, shall be liable to the Carrier for any fines or penalties imposed on the Vessel or Carrier by any authorities for the Guest’s failure to observe or comply with local governmental laws or regulations, including requirements relating to immigration, customs or excise.
4.4. The Carrier reserves the right to check and record details of such documentation and visas. The Carrier makes no representation and gives no warranties as to the correctness of any documentation and/or visas which are checked. Guests are strongly advised to check the legal requirements of the itinerary ports before travelling to include requirements relating to visas, immigration, customs and health.
5.1. Guests are required to present themselves for boarding at least 3 hours before the Vessel’s scheduled departure to complete any pre-boarding procedures and security inspections.
5.2. The Guest, in the interests of international security and safety at sea and in the interests of the convenience of others, agrees and hereby consents to a reasonable search being made of the Guest's person or property, and to the removal and confiscation or destruction of any object which may, in the opinion of the Carrier or the Master, impair safety or inconvenience others.
5.3. The Carrier shall have the right to detain, confiscate or destroy without incurring any liability whatsoever to the Guest or any other party any articles carried or contained in any luggage which the Carrier, in its sole discretion, considers dangerous or pose risk or inconvenience to the security of the Vessel and or persons onboard.
5.4. The Carrier reserves the right to search any stateroom, berth or other part of the Vessel for security reasons at any time.
6.1. Each Guest warrants that he is fit to travel by sea and that his conduct or condition will not impair the safety of the Vessel or inconvenience the other Guests.
6.2. Any Guest with a medical condition, or who requires medical equipment, that may affect fitness to travel must submit a physician's certificate and full details prior to departure. The Carrier shall not be liable to any Passenger in respect of any inability to obtain specialist medical advice prior to departure of the vessel as to the Guest’s medical condition and or equipment. The Carrier shall in such circumstances be entitled to deny boarding without incurring any liability whatsoever.
6.3. If it appears to the Carrier, the Master or the Doctor that a Guest is for any reason unfit to travel, likely to endanger health or safety, or likely to be refused permission to land at any port, or likely to render the Carrier liable for Guest maintenance, support or repatriation, then the Carrier or the Master, or as appropriate the Doctor, shall have the right to take any of the following courses: (i) Refuse to embark the Guest at any port; (ii) Disembark the Guest at any port; (iii) Transfer the Guest to another berth or stateroom; (iv) If the Doctor considers it advisable, to place him/or confine him in the Vessel’s clinic or Guest’s stateroom or to transfer the Guest to a health facility at any port, at the Guest’s expense (v) to administer first aid (vi) the Doctor may administer any drug, medicine or other substance or to admit and/or confine the Guest to a hospital or other similar institution at any port.
6.4. The Carrier and or the Organizer and or the health authorities in any port shall be entitled to administer a public health questionnaire on their own behalf. The Guest shall supply accurate information regarding symptoms of any illness including but not limited to gastrointestinal illness and H1N1 virus. The Carrier may deny boarding to any Guest that it considers in its sole discretion to have symptoms of any illness including viral and or bacterial illness including but not limited to Norovirus or H1N1 virus. Refusal by a Guest to complete the Questionnaire may result in denied boarding.
6.5. Where any Guest is diagnosed by the Doctor with viral, bacterial or other illness, the Carrier may request the Guest to remain in their stateroom for reasons of health and safety.
6.6. Where a Guest is refused boarding as a result of health and or fitness to travel, the Carrier shall not be liable for any loss or expense occasioned to the Guest thereby, nor shall the Guest be entitled to any compensation from the Carrier.
6.7. Any Guest who embarks, or allows any other Guest for whom he or she is responsible to embark, when he or she or such other Guest is suffering from any sickness, disease, injury or infirmity bodily or mental or to his or her knowledge has been exposed to any infection or contagious disease, or for any other reason is likely to impair the health, safety or reasonable comfort of other persons onboard or for any reason is refused permission to land at his or her port of destination shall be responsible for any loss or expense incurred by the Carrier or the Master directly or indirectly in consequence of such sickness, disease, injury, infirmity, exposure or refusal or permission to land unless in the case of sickness, disease, injury, infirmity or exposure the same has been declared in writing to the Carrier or the Master before embarkation and consent in writing of the Carrier or the Master to such embarkation has been obtained.
7.1. Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who have entered the 24th week of pregnancy as of their embarkation date or who will enter their 24th week of pregnancy during the cruise will be refused passage due to safety concerns. Neither a Doctor’s medical statement nor a waiver of liability will be accepted. In addition the Carrier cannot be held responsible or liable for any complications relating to pregnancy at any stage.
7.2. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are not satisfied that the Guest will be safe during the passage.
7.3. The Doctor is not qualified to deliver babies onboard or to offer pre- or post-natal treatment and neither the Doctor/medical provider nor the Carrier is responsible in respect of the ability to provide such services or equipment. Pregnant Guests are referred to the section herein headed “Medical Treatment” for information regarding the medical facilities onboard.
8.1. In order to ensure that the Carrier is able to carry passengers safely and in accordance with applicable safety requirements established by International, EU or National Law or in order to meet safety requirements established by competent authorities including Flag State and in order to avoid disappointment, Disabled Persons and Persons with Reduced Mobility are required to provide as much information to their Organiser at the time of booking to ensure their safety and comfort at the port and onboard the Vessel.
8.2. The Vessel has a limited number of staterooms equipped for Disabled Persons and Persons with Reduced Mobility. Not all areas or equipment on the Vessel are accessible to, or suitable for access to, Disabled Persons and Persons with Reduced Mobility. Disabled staterooms must be pre-booked.
8.3. The Carrier reserves the right to refuse passage to anyone who has failed to notify it of such disabilities or who in the Carrier’s and or Master’s reasonable opinion is unfit or unable to travel or anyone whose condition may constitute a danger to themselves or others onboard or where the design of the Vessel makes it impossible to carry the Guest or the Carrier is unable to carry the Guest in an operationally feasible and/or safe and/or dignified manner.
8.4. Guests who need reasonable assistance and/or have special requests or need special facilities or equipment must notify the Organiser at the time of booking, who is not obliged to provide any assistance or special requests unless the Carrier has agreed to do so in writing prior to commencement of the cruise. The Carrier is not able to provide any assistance with personal care or mobility. There may be some ports where access is not operationally feasible or may not be safe. There may also be Shore Excursions and other activities which are unsuitable. You must check the position at the time of booking.
8.5. If any Guest needs to have any medical equipment onboard the Vessel then it is the Guest’s responsibility to notify the Organiser at the time of booking of the need for such medical equipment so that this information can be provided to the Carrier. Medical equipment will not be carried by the Carrier where it would be unsafe to do so and/or where arrangements are necessary in advance and the Guest has failed to notify the Organiser and/or the Carrier.
8.6. It is the responsibility of the Guest to arrange delivery of medical equipment to the Vessel. It is the Guest’s responsibility to ensure that all medical equipment is in good working order and that there is enough equipment and supplies to last the entire cruise. The Vessel does not carry any replacement equipment and access to shore side care and equipment may be difficult and expensive. Save where the Carrier agrees otherwise in writing, the Passengers are limited to two pieces of medical equipment at a total value not exceeding €3,500 per cabin.
8.7. Guests must be able to operate all equipment. The Vessel and the doctor onboard are not able to operate or to maintain or repair any such equipment.
8.8. The Vessel is unable to offer respite care or one-to-one personal care or supervision or any other form of specialized care; any such care must be arranged by the Guest. The Carrier can refuse carriage to any Guest or require such Guest to be accompanied by another Guest to provide such services where the Carrier believes that this is strictly necessary on the grounds of safety.
8.9. Where the design of the Ship or port infrastructure and equipment make it impossible to carry out the embarkation, disembarkation or carriage of a Guest in a safe or operationally feasible manner, or where a Guest cannot be carried safely and in accordance with applicable safety requirements, then the Carrier can refuse to accept or embark a Disabled Person or Person with Reduced Mobility on the grounds of safety.
8.10.If any Disabled Person or Person with Reduced Mobility has any special seating requirements then these must be communicated at the time of booking or embarkation.
8.11.Those Guests confined to wheelchairs must furnish their own standard size wheelchairs, and may not be able to access all ports or be able to safely use shore tenders.
9.1. The Guest recognizes and accepts that the Carrier is not in the business of providing medical services and/or operating medical facilities. Any medical personnel on board the Vessel are provided as independent contractors solely for the convenience of the Guest and they are not servants, agents, or representatives of Carrier. The Carrier does not control the medical services and does not undertake to supervise any care or treatment provided by medical professionals aboard its Vessel. Although Carrier shall be entitled to charge a fee for arranging such services, all such persons or entities providing medical services shall be deemed independent contractors and not acting as agents or representatives of the Carrier. The Carrier shall not be liable for any death, personal injury, illness, emotional distress, mental suffering or psychological injury caused by reason of any treatment, diagnosis, advice, examination, prescription or other service provided by such medical personnel, or, by the failure of such medical personnel to provide any treatment, diagnosis, advice, examination, prescription or other service.
9.2. It is the Guest’s obligation and responsibility to seek medical assistance from the Doctor onboard the Vessel as and when necessary during the cruise.
9.3. The medical personnel onboard are not specialists and the Vessel’s medical centre is not required to be and is not equipped to the same standards as a land-based hospital. The Vessel carries medical supplies and equipment in compliance with flag state requirements. Neither the Carrier nor the Doctor shall be liable to the Guest as a result of any inability to treat any medical condition as a result.
9.4. Medical facilities and standards in the various ports of call vary and may be limited. The Carrier makes no representations or warranties regarding the quality or standards of medical treatment at any port of call or at the place at which the Guest is landed for medical care. The Carrier shall not be liable in any way for referring guests ashore for medical services or for the actual medical services rendered ashore. In the event that medical attendance of any kind or ambulance assistance, whether on shore, at sea or by air is required and is provided or ordered by the Carrier or the Master or the Doctor, the Guest concerned shall be liable for the full charge or cost thereof and shall indemnify the Carrier upon first demand of any costs incurred by the Carrier, its servants or agents. Guests who by reason of illness or through any other cause require special or extra accommodation or special or extra attention during the course of the Cruise will be charged accordingly. Guests are advised to ensure that their insurance covers medical treatment, evacuation and repatriation during all aspects of the Cruise.
10.1.The health and safety of the Vessel and all those onboard is of paramount consideration. Guests must pay attention to and comply with all regulations and notices relating to the safety of the Vessel, her crew and Guests, the terminal facilities and immigration requirements.
10.2.Guests must at all times conduct themselves in a manner which respects the safety and privacy of other persons onboard. The Carrier and the Master each reserves the right, without liability whatsoever, to refuse passage, disembark, quarantine, deny service of alcohol to, restrain or confine to a stateroom or any other area any Guest whose physical or mental condition, or behaviour, or the physical or mental condition or behaviour of any person in Guest’s Booking Party, is considered in the sole opinion of the Master and/or the ship’s physician to constitute a risk to the Guest’s own well-being or that of any other Guest, crew member or person, or to the safety of the Vessel. The Carrier and the Master each reserves the right to refuse passage or disembark any Guest with a criminal background.
10.3.Guests must comply with any reasonable request made by any member of staff, the Master or his officers. No solicitation of goods and services of any kind is allowed on any Vessel. Photography, videotaping or recording of any kind for commercial purposes is prohibited unless authorized by the Carrier in advance. Guests may not hang, attach or otherwise display any flag, banner or sign from any part of the Vessel, including stateroom verandas.
10.4.All Guests must take care for their safety whilst walking on outside decks. Guests and minors should not run around the decks or other parts of the Vessel.
10.5.Guests’ luggage must not be left unaccompanied at any time. Unaccompanied luggage may be removed and/or destroyed.
10.6.The Guest shall not bring onboard the Vessel any goods or articles of an inflammable or dangerous nature including firearms and explosives, nor any controlled or prohibited substance. Breach of these conditions and regulations shall render the Guest strictly liable to the Carrier for any injury, loss, damage or expense and require the Guest to indemnify the Carrier against any claim, final penalty arising from such breach. The Guest may also be liable for statutory fines and/or penalties.
10.7.Each Guest shall be liable to the Carrier and shall reimburse the Carrier for all loss, damage or cost sustained by the Carrier caused directly or indirectly, in whole or in part, by reason of any wilful or negligent act or omission of the Guest. The Responsible Adult shall also pay to the Carrier the prevailing costs and fees imposed by the Carrier relating to the Responsible Adult’s failure to adequately supervise, control or care for the Responsible Adult’s minor child or ward. Further, the Guest and person signing as the Responsible Adult shall defend, indemnify and hold harmless the Carrier from and against any liability (including reasonable legal fees) the Carrier may incur to any person or entity (Private or governmental) for any death, injury, damage, fine or penalty arising directly or indirectly, in whole or in part, by reason of any wilful or negligent act or omission of the Guest.
11.1.The Carrier does not accept unaccompanied Minors. Minors will not be allowed to embark unless they are accompanied by a parent, guardian or Responsible Adult. Guests travelling with a Minor shall be fully responsible for that Minor’s conduct and behaviour. Infants under 12 weeks old are not allowed to travel aboard any Vessel. For reservations made after July 17, 2014, on sailings commencing in 2015 and beyond, the minimum age to sail aboard any Vessel is 6 months of age on most itineraries, and the minimum age for Transatlantic, Hawaii, and Panama Canal itineraries is 1 year of age.
11.2.Minors onboard must be supervised by a parent, guardian or Responsible Adult at all times and are welcome at the activities onboard or at shore excursions provided that a parent, guardian or Responsible Adult is present. Minors cannot remain onboard if their parents or guardians go ashore. Minors cannot go ashore without a Responsible Adult unless written authorisation has been given by the Responsible Adult.
11.3.Guests shall be liable to the Carrier and shall reimburse it for loss, damage or delay sustained by the Carrier because of any act or omission of the Guest or minor Guest.
11.4. Minor Guests are subject to all the terms contained in the Conditions of Carriage.
12.1.The Vessel carries onboard service providers who operate as independent contractors. Their services and products are charged as extras. The Carrier is not responsible for their performance or products. These independent contractors may include the Doctor/medical personnel, hairdresser, manicurist, masseuse, photographer, entertainer, fitness instructors, spa personnel, beauticians, internet/I.T. personnel or other instructional concessionaires, art or other auctioneers, shopkeepers and others providing services. The limitations referred to in clause 16 below shall apply to all independent contractors. These independent contractors work directly for the guest when performing their services. The Carrier is not responsible for any such independent contractor’s acts or omissions in providing goods or services to the Guest.
12.2.Shore Excursions booked will be supplied by local operators. Shore Excursions do not form any part of the Contract or package. Shore Excursions are performed by independent contractors. The Carrier does not operate, perform or otherwise organize and/or audit any Shore Excursions. All Shore Excursions are governed by the terms and conditions of the supplier. The Carrier is not responsible for their performance or their negligence or other breach of duty.
12.3.Such independent contractors, including Shore Excursion providers, do not at any time act as agents or representatives of the Carrier. The Carrier does not own or control any such independent contractors, makes no representation of any kind as to their performance and does not undertake to control or supervise their activities. Any Guest using the services or activities of such independent contractors shall be deemed to agree and consent that any liability for any death, personal injury, illness, emotional distress, mental suffering or psychological injury to the guest or loss of or damage to property shall be the sole responsibility of the independent contractor providing such service or activity. The Carrier shall not be or become liable or responsible in any way for any act or omission of any such independent contractors pertaining to, or arising from, or in connection with, such services or activities.
13.1.Guests who disembark the vessel at any ports of call will do so entirely at their own risk and the Carrier shall be exempt from any liability in respect of any loss, damage, expense, inconvenience, sickness or injury of whatever kind or death caused of or to such Guest or to any person or child travelling with him or her in his or her care or of or to any luggage carried by such Guest from time to time that the Guest disembarks until the Guest re-embarks abroad the Vessel.
14.1.Each Guest is allowed to bring aboard the Vessel a reasonable amount of clothing and personal effects, not to exceed two (2) bags per person. Every piece of Luggage must be distinctly labeled with the Guest's name, Vessel's name, stateroom number and sailing date. All Luggage must be securely packed and distinctly labelled. The Carrier shall not be liable for loss, damage or delay in delivery of any Luggage.
14.2. Guests’ Luggage shall include only personal belongings, and any commercial property shall be subject to an additional charge.
14.3. The Carrier shall not be responsible for any fragile or perishable property carried by the Guest.
14.4. All Luggage must be claimed upon arrival of the Vessel at final port or it will be stored at Guest risk and expense.
14.5. The Guest shall not be liable to pay or receive any General Average contribution in respect of Luggage or personal effects or property.
14.6. The Carrier shall have a lien upon and the right to sell by auction or otherwise, without notice to the Guest any Luggage belonging to any Guest in satisfaction of unpaid monies or of any other monies which may in any way have been become due by the Guest to the Carrier or to its servants, agents or representatives.
15.1. The liability (if any) of the Carrier for damages suffered as a result of death or personal injury to the Passenger, or loss or damage to luggage shall be governed by EU Regulation 392/2009 and The Athens Convention. The provisions of EU Regulation 392/2009 and The Athens Convention are hereby expressly incorporated into these Conditions of Carriage.
15.2. The Carrier shall be entitled to the benefit of all the limitations, rights and immunities provided by EU Regulation 392/2009 and The Athens Convention including without limitation the full deductible under EU Regulation 392/2009 and Article 8(4) of The Athens Convention. EU Regulation 392/2009 and The Athens Convention limits Carrier’s liability as follows: (a) for death or personal injury of a passenger caused by a “shipping incident”, a passenger has a right to compensation from Carrier of up to 250,000 SDR (as of June 2018 approximately £266,091) in any event, with the exception of circumstances beyond Carrier’s control (i.e., act of war, natural disaster, act of a third party); however, compensation paid by the Carrier can go up to 400,000 SDR (as of June 2018 approximately £425,745) unless Carrier proves that the incident occurred without its fault or neglect; (b) for death or personal injury of a passenger caused by a non “shipping incident”, a passenger has a right to compensation from Carrier of up to 400,000 SDR (as of June 2018 approximately £425,745), if the passenger proves that the incident was the result of Carrier’s fault or neglect; (c) for a passenger’s luggage or other property, a passenger has a right to compensation from Carrier of up to 2250 SDR (as of June 2018 approximately £2394) per passenger; and, (d) the Carrier’s insurance provider will not under any circumstances be liable for sums in excess of 250,000 SDR (as of June 2018 approximately £266,091) in respect of death and/or personal injury; there are limited circumstances in which the Carrier’s insurance provider is not required to make a payment. The value of the SDR fluctuates depending on daily exchange rate which can be found in the Wall Street Journal and on the Internet at http://www.imf.org/external/np/fin/data/rms_sdrv.aspx. The term “shipping incident” is defined in EU Regulation 392/2009 as follows: “shipping incident” for the purposes of this regulation include: shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship or defect in the ship.
15.3. The limits of liability under the terms of EU Regulation 392/2009 and The Athens Convention shall be applicable to the Carrier’s servants and/or agents and/or independent contractors in accordance with EU Regulation 392/2009 and Article 11 of The Athens Convention. Any damages payable by the Carrier shall be reduced in proportion to any contributory negligence by the Guest as provided in EU Regulation 392/2009 and Article 6 of The Athens Convention.
15.4. It is presumed under EU Regulation 392/2009 and The Athens Convention that the Carrier has delivered luggage to a Guest unless written notice is given by the Guest within the following periods:
(i) in the case of apparent damage before or at the time of disembarkation or redelivery
(ii) in the case of damage which is not apparent or loss of Luggage within fifteen days from the disembarkation or delivery or of the date that such delivery should have taken place.
15.5. The Carrier shall not be liable for loss or damage to any valuables such as monies, negotiable securities, precious metal items, jewellery, art, cameras, computers, electronic equipment, or any other valuables unless they are deposited with the Carrier for safe-keeping, and a higher limit is agreed expressly and in writing at the time of deposit, and an extra charge is paid by the Guest for declared value protection. The use of a safe deposit box/safe in the stateroom, whether for a charge or otherwise, is not a deposit with the Carrier for the purposes of EU Regulation 392/2009 and The Athens Convention.
15.6. In addition to the restrictions and exemptions from the liability provided in the Conditions of Carriage, the Carrier shall have full benefit of any applicable laws providing for limitation and/or exoneration of liability (including without limitation, law and/or the laws of the Vessel’s flag in respect of/or the global limitation on damages recoverable from the Carrier). Nothing in these Conditions of Carriage is intended to operate to limit or deprive the Carrier of any such statutory or otherwise limitation or exoneration or liability. The Servant and/or agents of the Carrier shall have the full benefit of all such provisions relating to the limitation of liability.
15.7. Without prejudice to the provisions of clauses 15.1 to 15.6 above, if any claim is brought against the Carrier in any jurisdiction where the applicable exemptions and limitations incorporated in these Conditions of Carriage are held to be legally unenforceable then the Carrier shall not be liable for death, injury, illness, damage, delay or other loss or detriment to any person or property arising out of any cause of whatsoever nature which has not been shown to have been caused by the Carrier’s own negligence or fault.
16.1. The Guest shall pay in full all charges for goods and services incurred, or incurred by the Carrier on his behalf, before the end of the Voyage in cash or by credit/debit card.
16.2. Alcoholic beverages, cocktails, soft drinks, mineral water, restaurant surcharges and any medical expenses, any independent contractor services or products (including but not limited to jewellery, spa, massage, hairstyling, manicures, photography, internet access, wireless access, art auctions or instructional concessions aboard the Vessel), shore excursions or any fees, charges or taxes imposed by any government agency shall be extra charges payable at the end of the Cruise.
17.1. No animals or pets are permitted onboard, except assistance dogs licensed to Guests. The Guest shall have full responsibility for such assistance dogs. The Guest must ensure that assistance dogs brought onboard comply with National Regulations including the Regulations at the various ports of call. Neither the Master nor Carrier is liable to the Guest in respect of any loss or injury to any Guest’s assistance dog whilst onboard the ship or in the Carrier’s possession/custody. Guests must comply with all of Carrier’s policies, procedures and directions relating to service dogs.
17.2. Carrier will take into custody any animals brought onboard by the Guest other than assistance dogs and land the animals at the next port of call at the Guest’s sole expense.
18.1. No Guest will be liable to pay, nor entitled to receive, any general average contribution in respect of any property taken with them on the Vessel.
19.1. Guest or Responsible Adult (on behalf of Responsible Adult's minor child or ward) hereby grants to Carrier, and any other person or entity that Carrier may authorize, the right to photograph, film and/or record Guest and/or Responsible Adult's minor child or ward by any means including through the Vessel’s system of Closed Circuit Television cameras, and furthermore, Guest and Responsible Adult (on behalf of Responsible Adult's minor child or ward) hereby grant to Carrier and Carrier's Affiliates and their respective successors, licensees and assigns, forever and throughout the world, the right to use such photographs, film, images, tapings and/or recordings of Guest's and/or Responsible Adult's minor child's or ward's likeness, voice and sound, as the case may be, in all media and in all forms, including, without limitation, advertising, promotional materials, publicity, digitized images, broadcasts, videos, films, commercials, merchandise, governmental investigations, and litigation without further compensation or any limitation whatsoever, and all rights, title, interest in copyrights therein shall be Carrier's sole property, free from all claims by Guest (or Responsible Adult's minor child or ward) or any person deriving any rights or interests from Guest or Responsible Adult's minor child or ward. In addition, Guest or Responsible Adult agrees to indemnify Carrier for any liabilities, claims, actions, damages, costs or expenses (including, but not limited to, attorneys' fees and fees of other professionals) if this consent and release is disavowed by the minor child/ward or on behalf of the minor child/ward.
19.3. Guest agrees that any suggestions, ideas, feedback or comments which Guest communicates to Carrier (collectively "Guest Suggestions") shall not be proprietary or confidential, and Guest hereby grants Carrier and Carrier's affiliates the right (but not the obligation) to use, disclose and implement any Guest Suggestions without any liability, compensation or obligation whatsoever on Carrier's part.
20.1. Each Clause and provision of this Cruise Contract is severable. If any portion of this Cruise Contract shall be determined to be invalid or otherwise unenforceable or without effect, then only such portion shall be deemed severed from the Cruise Contract and all remaining portions shall remain in full force and effect.
21.1. The applicable law for these Conditions of Carriage and/or any claim against the Carrier shall be English law.
21.2. Subject to EU Regulation 392/2009 and The Athens Convention, all claims against the Carrier shall be brought in London, England and shall be subject to the exclusive jurisdiction of the English Courts.
22.1. The Carrier shall be under no liability whatsoever in respect of any claim arising from an accident which was not reported by the Guest to the Master or his Officers whilst onboard the Vessel.
22.2. Notices of claim for death, illness or personal injury, with full particulars in writing shall be given to the Carrier within six (6) months (185 days) after the date such death, injury, or illness occurring. Such notice shall be sent by registered mail to Disney Cruise Line.
22.3. Notices of Claim for loss or damage to luggage or other property shall be given to the Carrier in writing before or at the time of disembarkation, or if not apparent, within fifteen (15) days from the date of disembarkation. Notice shall be sent by registered mail to Disney Cruise Line.
22.4. All notices to the Carrier to be sent to:
MAGICAL CRUISE COMPANY, LIMITED, trading as DISNEY CRUISE LINE
210 Celebration Place, Celebration, FL 34747
Mailing Address: PO Box 10299, Lake Buena Vista, FL 32830
marked for the attention of "Risk Management"