We welcome you
to the official site of Hellenic Cruises. Before entering our web site www.helleniccruises.com, please look quickly at our condition terms for more information or clarification. When you use this web site, you are not obliged to declare any personal information or e-mails address as we have given instructions not to collect personal identity data unless we have the approval of the sender. Any material which is submitted without clear instructions could be used or considered as royalty free information.
HC reserves the right to be committed with other data banks. All terms will be covered by Hellenic jurisdiction.
Hellenic Cruises
LEGAL NOTICES
Privacy Policy
Copyright and Trademark Notice
Hellenic Cruises – Privacy Policy
This Web site is offered to you by us (“Hellenic
Cruises ” and “we” and “us” refers to
Hellenic Cruises ) conditioned on acceptance by you without modification of the terms, conditions, and notices contained herein. By accessing and using this Web site, you are deemed to have provided your permission - pursuant to Greek Law No 2472/97, 2779/99, the resolutions of the Personal Data Protection Authority, as well as European law (Directives 95/46/EC and 97/66/EC) - for the use, processing and further forwarding in Greece and abroad of all personal data related to you and kept by us and to have agreed to all such terms, conditions, and notices as specified herein below.
1.This Privacy Policy is our official online privacy policy and it applies to all personal information collected by us In this policy we explain how and why we collect your personal information, how we use it, and what controls you have over our use of it.
2.We are committed to complying with Greek legislation governing privacy of personal information by businesses and to protecting and safeguarding your privacy when you deal with us.
Non-Personal and Aggregated Information Collected Automatically
3. When you visit our website, we log general data, such as your domain name, the name of the Web page from which you entered our website, which pages you visit on our website, and how much time you spend on each page. We use this information to monitor and improve our website and for internal analysis. In particular, we use IP addresses to analyze trends, administer the website, and gather information for aggregate use. IP addresses are not linked to personally identifiable information.
Collection of information
4. Some information provided to us by clients, customers, contractors and other third parties might be considered private or personal. Without these details we would not be able to carry on our business and provide our services to you. We will only collect such personal information if it is necessary for one of our functions or activities.
5. In particular, personal information is collected by us from people in the following situations:
• If you contact us, we may keep a record of that correspondence.
• When you submit your e-mail address to our web site mailing list.
6. At or before the time the personal information is collected by us we will take reasonable steps to ensure that you are made aware of who we are, the fact that you are able to gain access to the information held about you, the purpose of the collection, the type(s) of organizations to which we usually disclose the information collected about you, any laws requiring the collection of the information and the main consequences for you if all or part of the information is not collected.
Use of information collected and disclosure of personal information to others
7. We may use or disclose personal information held about an individual for the primary purpose for which it is collected (eg. provision of our services, including administration of our services, notification to you about changes to our services, record-keeping following termination of our services to you and technical maintenance). We may also use such information for a purpose related to the primary purpose of collection and where it would reasonably be expected by you that we would use the information in such a way. This information is only disclosed to persons outside our business in the circumstances set out in this policy or as otherwise notified to you at the time of collection of the information.
8. In addition we are permitted to use or disclose personal information held about you:
• Where you have consented to the use or disclosure;
• Where we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone's health or safety or the public's health or safety;
• Where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
• Where such use or disclosure is required under or authorised by law (for example, to comply with an order of a court or due legal process);
• Where we reasonably believe that the use or disclosure is reasonably necessary for prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for, conduct of, proceedings before any court or tribunal or the implementation of the orders of a court or tribunal by or on behalf of an enforcement body.
Security and storage
9. We place a great importance on the security of all information associated with our customers, clients and contractors. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control.
10. Personal information is de-identified or destroyed securely when no longer required by us.
11. We retain the information you provide to us including possibly your contact and credit card details to enable us to verify transactions and customer details and to retain adequate records for legal and accounting purposes. This information is held on secure servers in controlled facilities.
12. Information stored within our computer systems can only be accessed by those entrusted with authority and computer network password sanctions.
13. No data transmission over the Internet can be guaranteed to be 100 per cent secure. As a result, while we strive to protect user's personal information, We cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once we receive your transmission, we make every effort to ensure its security on its systems.
14. In all cases, you are solely responsible for keeping your passwords and/or account information secret. You should be careful and responsible whenever you are online.
Access to and correction of personal information
15. We are committed to maintaining accurate, timely, relevant and appropriate information about our customers, clients and web-site users.
16. So long as your request for your personal information is in accordance with Greek Law Privacy Principles, then we will give you access to that information.
17. Inaccurate information will be corrected upon receiving advice to this effect from you. To ensure confidentiality, details of your personal information will be passed on to you only if we are satisfied that the information relates to you.
18. If we refuse to provide you with access or correct the personal information held about you by us, then we will provide reasons for such refusal.
Transfer of information overseas
19. Pursuant to the Greek Law Privacy Principles we may transfer personal information we have collected about you to someone other than you in a foreign country only if such transfer is permitted by the Principles.
Links
20. Our web site may contain links to other web sites and those third party web sites may collect personal information about you. We are not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site. We encourage users to be aware when they leave the site and to read the privacy statements of each and every web site that collects personally identifiable information.
Cookies
21. We collect information from the site using "IP files".
22. When you visit our site to read, browse or download information, our system will record/log your IP address (the address which identifies your computer on the internet and which is automatically recognised by our web server), date and time of your visit to our site, the pages viewed and any information downloaded. This information will only be used for the purpose of site analysis and to help us offer you improved online service. We may automatically collect non-personal information about you such as the type of Internet browsers you use or the site from which you linked to our Web Sites. You cannot be identified from this information and it is only used to assist us in providing an effective service on our Web Sites.
Changes to Privacy Policy
23. If we decide to change its Privacy Policy, we will post changes on this Privacy Policy page so that users are always aware of what information is collected, how it is used and the way in which information may be disclosed. As a result, please remember to refer back to this Privacy Policy regularly to review any amendments.
Contacting us
24. If you require further information regarding our Privacy Policy, please contact us at the following address: E-mail: sales03@mccruises.gr
Acceptance
25. You accept that your use of this site includes your acceptance of this Privacy Policy and the Terms of Use.
Complaints
26. If you have a complaint about our Privacy Policy or the collection, use or safe disposal or destruction of your personal information, your complaint should be directed in the first instance to us at E-mail: sales03@mccruises.gr
27. We will investigate your complaint and attempt to resolve any breach that might have occurred in relation to the collection, use or destruction of personal information held by us about you in accordance with the Greek Privacy legislation. If you are not satisfied with the outcome of this procedure then you may request that an independent person investigate your complaint.
Hellenic Cruises – COPYRIGHT AND TRADEMARK NOTICE
Copyright and Trademark Notice
28. All contents of the Web site are Copyright © 2007
Hellenic Cruises . All rights reserved. This web site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.
No Representation
29. This Web Site has been compiled in good faith by us, but no representation is made or warranty given (either express or implied) as to the completeness or accuracy of the information it contains. You should always verify this information before you act upon it by calling your local
Hellenic Cruises Agent or us. It must not be relied upon in connection with any investment decision
.
Modifications
30. We reserve the right to make any and all changes to this Web Site at its sole discretion without notice to you. We reserve the right to deny access to this Web Site to anyone at anytime.
On-line reservations & electronic ticketing
31. You represent and warrant to us that you are at least 18 years of age and possess the legal right and ability to enter into this Agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all use of this Web site (as well as for use of your account by others, including without limitation minors living with you). You agree not to assign, transfer or sublicense your rights pursuant to this Agreement. You may allow other members of your household to use this Web site under your name or account, provided that you hereby agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You agree to supervise all usage by minors of this Web site under your name or account.
The On-line Reservation and E-ticketing feature of this Web site is provided solely to permit you to determine the availability of travel related goods and services, to make legitimate reservations or otherwise transact business with suppliers, and to issue electronic tickets. Without limitation, you shall not make any speculative, false or fraudulent reservation or issuance of any electronic ticket. You agree that the travel services reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal including, but not limited to, payment of all amounts when due and compliance with all rules regarding availability of fares, products or services. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this Web site.
Web Compatibility
32. To view this site, We require the following JavaScript enable browsers:
• Microsoft Internet Explorer 4.0 or higher
• Netscape Navigator 4.0 or higher
Security
33. We use industry's recognised standards, the latest SSL (Secure Socket Layer) technology, in transaction security to protect the information you provide when you purchase on- line with
Hellenic Cruises . This required that the User must use version 4.0 or higher of Netscape or Microsoft browser. The User is advised that this is a mandatory requirement of booking on
Hellenic Cruises online. When these types of measures are taken, online reservation and e-ticketing are safe and secure.
Links to Third Parties' Web Sites
This web site may contain links and pointers to Internet sites maintained by third parties. We do not operate or controls in any respect any information, products or services in such third party sites. Third party links and pointers are included sorely for the convenience of Users and do not constitute any endorsements by us. You assume sole responsibility for use of third party links and pointers.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MCC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MCC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MCC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MCC BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF MCC OR A MCC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MCC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
This site is controlled and operated by MCC from its offices in Athens, Greece. MCC makes no representation that materials in the site are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of the Hellenic Democracy, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Greece and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
All itineraries and excursions are subject to change without notice. Vessels, Descriptions, departure times, itineraries, pricing and locations may be altered and may vary due to unforeseen circumstances. Descriptions and excursion lengths are all based on approximate times and predetermined points of interest. Changes may be unavoidable and can be made at the tour operator’s sole discretion. Departure times and meeting places will be printed on the shore excursion ticket. As a delay may result in a missed excursion or interfere with the excursion’s normal operation, guests are required to report to the specified location, at the designated departure time.
TERMS AND CONDITIONS OF CONTRACT OF PASSAGE AND BAGGAGE
GENERAL
1.1. Blue Monarch Shipping Inc. (hereinafter called "Blue Monarch") is the demise owner and operator of the vessel "BLUE MONARCH" (the “Vessel”).
1.2. Maximus Navigation Ltd. (hereinafter called “Maximus”) is the registered owner and operator of the vessel called “OCEAN COUNTESS” (also the “Vessel”).
1.3. Both “BLUE MONARCH” and “OCEAN COUNTESS” are included in the definition and meaning of the “Vessel” as referred to herein and each Vessel individually (and not jointly) is the Vessel to be referred to and understood as applicable to each Passenger booking and contract made by a Passenger on either of the specific named Vessels.
1.4. References to the “COMPANY” below shall mean either to BLUE MONARCH in the case of each Passenger Booking and contract made in respect of the Vessel “BLUE MONARCH” or to MAXIMUS in the case of each Passenger Booking and contract made in respect of the Vessel “OCEAN COUNTESS”, and shall have no other meaning nor effect.
1.5. The Vessel is under management to MONARCH CLASSIC CRUISES S.A. (hereinafter called "MCC") who is responsible for marketing cruises on board the Vessel and selling passenger tickets.
1.6. The Company has agreed for valuable consideration to provide the transportation specified for the passenger or passengers named in the contract between MCC and such passenger or passengers named in the passage ticket.
1.7. The Company shall be deemed to be acting as agent or trustee on behalf of the Vessel, the Master, crew, any servants, managers, concessionaires or other sub-contractors of the Company and their agents and employees and of MCC and their agents and employees. All such bodies or persons shall have the benefit of all rights and exceptions contained herein.
1.8. These conditions of carriage shall in no way affect MCC's contractual obligations to the Company under the aforementioned management agreement.
1.6. The “Passenger” means every person named on the booking form and/or the ticket and all persons not named if forming part of a group booking, but for whom an embarkation boarding pass is issued. The term “Passenger” shall be deemed to include the purchaser of the passage contract and all those passengers, including children, for whom he or she may contract with MCC or retail travel agencies (“he” and “his” shall be construed as including references to “she” and “her, as applicable).
1.7. The Passenger agrees that his heirs, assigns and personal representatives shall be bound by this passage contract.
1.8. The Company shall not be bound to carry the Passenger until passenger tickets have been issued and the booking confirmed in writing by or on behalf of MCC on behalf of the Company.
1.9. Any monies paid by the Passenger to MCC shall not be the responsibility of the Company but of MCC who handles those monies on behalf of the Passenger.
1.10. These Conditions of Carriage set out the terms that apply between the Passenger and the Company and cannot be superseded by any agreements previously entered into whether written or oral.
ALTERATIONS AND CANCELLATIONS
2.1. The Company or MCC may at any time prior to the commencement of the cruise, cancel or make a material alteration to the scheduled cruise, (including but not limited to substituting any other vessel for that named on the face of the ticket) for operational, commercial or other grounds affecting the Company or MCC (as the case may be) and if so, shall notify the Passenger in writing as soon as is reasonably possible.
2.2. On receipt of such notice referred to in Clause 2.1 the Passenger shall have the option to:
(i) Cancel the Contract whereupon a full refund will be given of any monies paid to MCC or
(ii) Accept any alternative cruise offered by MCC which is of equivalent or superior quality at no extra cost to the Passenger or
(iii) Take an alternative cruise of lower quality with a refund of the difference in price based on the respective advertised prices.
The passenger or his agent must notify MCC of the option he has elected as soon as is reasonably possible.
2.3. On acceptance of an option under Clause 2.2 above, then the Passenger shall have no additional claim against the Company or MCC.
2.4. The Company shall have liberty to proceed with and without pilots, to tow and be towed and assist vessels in all circumstances even though resulting in delay.
2.5. Passengers are note entitled to any refund except as otherwise provided in this section. A written notice is required in order fro the passenger to be entitled to receive refund for the cancellation of the cruise on his/her behalf.
In case of a written notice of cancellation not later than 30 days before the commencement of the cruise, the following cancellation policy applies with respect to the total amount payable by the passenger (total charges):
• 25% of the cruise fare in case of cancellation from 30 to 21 days before sailing date
• 50% of cruise fare in case of cancellation from 20 to 11 days before sailing date
• 75% of cruise fare in case of cancellation from 10 to 3 days before sailing date.
• 100% of cruise fare in case of cancellation in the last 2 days before sailing date.
• No refund will be effected in case of disembarkation in the course of the cruise.
It will be Passenger’s responsibility to ensure that he/she arrives in good time to join the ship and the Company cannot be held liable for the consequences of the Passenger failing to do so.
2.6. In the event that a Passenger does not arrive to embark the Vessel or is delayed for any reason whatsoever, then neither the Company nor MCC shall be obliged to delay or deviate from the ordinary route and shall not be liable to any Passenger who is either delayed or prevented from joining the Vessel at the port of embarkation or the cost of joining or re-joining the Vessel at any other port. Passengers shall have no entitlement to a refund for a failure to join or re-join the Vessel in this instance.
2.7. If for any reason the port of disembarkation is changed, the Company or MCC (as the case may be) will arrange at no additional expense to the Passenger, substitute means of transportation (by sea, air or land to be determined by the Company or MCC) to the original scheduled port of disembarkation from the nearest port at which the Vessel calls, without right to any refund and without further liability of the Company or MCC.
2.7. Neither the Company nor MCC has control nor accepts any liability of any kind for any failure of any vessel, train, aircraft, coach or other conveyance to connect with the scheduled Vessel, any other vessel, train, aircraft, coach or conveyance.
2.8. In the event that there is a cancellation by the Company or MCC (as the case may be) after commencement of the cruise, the Passenger shall be entitled to a pro rata refund of the cruise price paid to MCC and shall have no additional claim against the Company or MCC.
2.9. If for any reason the duration of the cruise is shortened, the Company's and MCC's sole liability thereof is to make a pro rata refund to the Passenger of the sea portion of the passage fare received by MCC based on the number of whole days the cruise is reduced, provided that the scheduled duration of the cruise is shortened by more than 24 hours.
2.10. The Company and MCC shall at any time without notice, be entitled to cancel any cruise by reason of force majeure or by reason of technical problems with the Vessel resulting in an inability to commence, continue or conclude the cruise, such events shall include without limitation, war or threat of war, riots, civil commotions, disasters, Act of God, terrorist activities, natural and nuclear disasters, arrests or lien proceedings, fire, technical problems with other transport necessary to embark or disembark the Vessel, closure of ports, strikes or other industrial action, or any other event which may be outside the Company’s and or MCC's control. Except as provided in paragraphs 2.2 (i), 2.8, and 2.9 the Passenger shall have no claim against the Company or MCC.
2.11. Whilst the Company and MCC (as the case may be) will make every effort to adhere punctually to the advertised dates and times of sailing from and arrival at terminals and intermediate ports and to maintain the advertised schedule and sequence of calls, each of the Company and MCC reserves the absolute right either through itself or through the Master of the Vessel to make any changes in scheduled dates, times and or itinerary, including, and without limitation, substituting another vessel for the scheduled Vessel, omitting/adding to the scheduled ports of call or deviating from the advertised route or schedule. Provided such action is reasonably taken, neither the Company nor MCC (as the case may be) shall be under any obligation or liability to the Passenger. Any such decision shall not represent a significant alteration. The Passenger shall have no entitlement to a refund in relation to the cost of the cruise or any entitlement to a pro rata refund of the cruise. Except as provided for in paragraph 2.8 and 2.9, the Passenger shall have no claim against the Company or MCC for any loss sustained.
DOCUMENTS, HEALTH, SAFETY AND SECURITY
3.1. Passengers shall comply with any Government travel requirements, shall possess and shall present valid exit, entry and other necessary documents including proof of name and date of birth and shall arrive aboard the Vessel by the time fixed by the Company or MCC or if no time is fixed, early enough to complete departure procedures. Passports or equivalent travel documents may be held by the Company or MCC after embarkation to facilitate immigration procedures at each of the Vessel’s ports of call. Failure to provide valid travel documents at the time of embarkation will lead to a refusal of passage without compensation to the Passenger(s) so denied.
3.2. In the interests of health, safety and security, Passengers must comply with all of the Company’s rules and regulations adopted on board the Vessel including any which are issued from time to time by the Master.
3.3. The Passenger represents and warrants that the Passenger and all Passengers in his party or group are fit to travel and have no contagious or transmittable disease that is or could be considered by others to be life threatening.
3.4. The Passenger’s conduct will not impair the safety of the Vessel nor inconvenience any of the other Passengers.
3.5. Persons with physical disability or other handicaps (bodily or mentally) requiring special treatment or assistance including persons confined to wheelchairs must advise the Company or MCC in writing at the time of making the reservation, of the nature of such conditions and of any special treatment or assistance which is required. Persons who require such special treatment or assistance as a result of events occurring after the contract has been concluded with MCC shall notify MCC and the Company of such changes in writing as soon as practicable thereafter.
3.6. The Company and MCC reserve the right to refuse passage to anyone who has failed to notify them in writing of such contagious or transmittable disease or disabilities or need for assistance and/or who have failed to make provision in respect of such matters to the satisfaction of the Company or MCC.
3.7. The Passenger acknowledges and agrees that neither the Company nor MCC shall have any responsibility or obligation to provide any special services or equipment other than that which has been agreed by the Company or MCC in writing. The Company and MCC reserve the right to refuse passage to anyone who in their opinion is unfit to travel or anyone else whose condition may constitute a danger to themselves and/or others on board.
3.8. If at any time a Passenger for any reason whatsoever, including (but not limited to) sickness, illness, intoxication, disease, injury or infirmity, appears to the Company, MCC or the Master of the Vessel or his agent, to be likely to render the Company or MCC liable for his maintenance or support and/or likely to endanger health, discipline or safety on board or likely to be refused permission to enter into or land at any port, the Company or MCC may at its option:
(i) Refuse to embark such Passenger or;
(ii) Disembark him at any port or;
(iii) Transfer him from one berth or cabin to another and/or;
(iv) Confine him to his cabin or to the Vessel’s hospital and render such medical assistance or take such steps as may in the opinion of the Master and or Vessel’s doctor be considered necessary or appropriate.
3.9. Passengers confined to wheelchairs must furnish their own standardized wheelchairs and must be accompanied by a traveling companion fit and able to assist. The Vessel has wheelchairs available, but for emergency use only.
3.10. The Vessel carries a qualified doctor on board and all medical supplies in accordance with regulations which apply to the class of Vessel. Passengers should note that in the event of illness or accident they may have to be landed ashore by the Master on the advice of the doctor on board. Neither the Company nor MCC makes any representations regarding the quality of medical treatment at any port of call or at the place at which the Passenger is landed. Passengers are advised to take out insurance covering medical treatment. Passengers should also note that the quality of treatment and medical assistance will vary from port to port and may not in some instances be equal to expected standards. Neither the Company nor MCC accepts any responsibility whatsoever in relation to medical facilities provided ashore.
3.11. Every adult Passenger traveling with any minor Passenger (under the age of 18), whether or not listed herein, shall be responsible for the conduct and behaviour of the minor Passenger. The adult Passenger shall be so liable to the Company or MCC (as the case may be) and shall reimburse it for all loss, damage or delay sustained by the Company or MCC because of any act or omission of the adult Passenger or the minor Passenger.
3.12. Notwithstanding the generality of the foregoing, neither the Company nor MCC will allow any of the following on board the Vessel without prior written permission;
(i) Any Passenger under the age of 18 not accompanied by a parent or legal guardian.
(ii) Any Passenger that is pregnant 26 weeks or more as of the date of embarkation.
(iii) Any animals or other livestock other than pre-approved seeing-eye guide dogs.
(iv) Any firearms or ammunition or goods of a dangerous nature, which are likely to endanger or impair the safety or comfort of the Vessel or others on board.
(v) Any Passengers with a disease, physical disability or handicap, which requires out of the ordinary medical treatment or assistance.
The onus of declaring any of the foregoing shall be on the Passenger.
3.13. In the interests of safety and security as well as the comfort and convenience of others on board, the Passenger hereby agrees that the Company or MCC and their staff may conduct a search of the Passenger’s person, property and luggage including a search of the Passenger’s cabin and the Company or MCC may sequestrate any item or object which in the Company’s or MCC’s opinion impairs the safety, security, comfort and convenience of others on board. In such circumstances the Passenger shall have no claim against the Company or MCC for loss or inconvenience thereby incurred.
3.14. In the interests of onboard safety and security, the Passenger hereby consents and agrees that as part of the embarkation procedure and for identification purposes only, the Company or MCC (as the case may be) may take a photograph of the Passenger and incorporate such photograph onto an identification card that may be used by the Passenger at the time of any onboard purchase and at all times when the Passenger disembarks or embarks the Vessel.
3.15. The Company, MCC or any of their staff, including the Vessel’s staff may enter the Passenger’s cabin for the purpose of carrying out any necessary maintenance or repair.
3.16. The Vessel has a No Smoking policy on board. No smoking is allowed in any of the passenger cabins, nor the restaurant nor the lounge, except for an area in a lounge that may, from time to time, be designated as a smoking area.
3.17. The Passenger shall be required to indemnify the Company, MCC and the Vessel for any loss, damage or expense it has incurred as a result of the Passenger’s non-compliance or breach of any of the provisions stipulated in 3.1 to 3.16 above.
LIABILITY AND LIMITATION OF LIABILITY
4.1. The liability (if any) of the Company or MCC for damage suffered as a result of the loss of life or of personal injury to the Passenger and/or for the loss of or damage to his/her baggage during the passage shall be determined in accordance with the terms and conditions of the International Convention relating to the Carriage of Passengers and their Baggage by Sea adopted at Athens on the 13th day of December 1974 (hereinafter called the “Athens Convention”).
4.2. The Company and MCC shall be entitled to the benefit of all the limitations rights and immunities conferred by the Athens Convention including the full deductible allowed under Article 8 (4) as if the same were herein specifically set out, and nothing herein contained shall be deemed to be a surrender by the Company or MCC of any of its limitations, rights or immunities or an increase of any of its responsibilities or liabilities under the Athens Convention.
4.3. Nothing contained in the Terms and Conditions of Carriage shall prevent the Company or MCC from claiming in the Courts of any country of competent jurisdiction the benefit of, nor shall derogate in any way from any statutory protection or limitation of liability given to the Company or MCC by the laws of that country or by laws governing the Passage Contract.
4.4. The Company’s and MCC’s liability in relation to death and/or personal injury shall in no circumstance whatsoever exceed the limit of liability as set out under the Athens Convention. A copy of the Athens Convention is available on request in writing to MCC. Neither the Company nor MCC shall be liable for damages suffered as the result of the death or personal injury to the Passenger unless the incident which causes the damage so suffered occurs in the course of the carriage and is due to the gross fault or gross neglect of the Company or MCC, its servants or agents, acting within the reasonable scope of their employment.
4.5. The Company and MCC are deemed a ship owner/operator for the purposes of the Athens Convention and the Company and MCC shall be entitled to the benefit of all limitations and immunities contained in that Convention.
4.6. The liability of the Company or MCC for the loss of, or damage to baggage, valuables, personal belongings and all other property of the passenger shall in no circumstance whatsoever exceed the limits of liability under the Athens Convention. Neither the Company nor MCC shall be liable for any loss of or damage to luggage owned by the Passenger unless the incident which caused the loss of or damage so suffered occurs in the course of the carriage and is due to the gross fault or gross neglect of the Company, MCC, its servants or agents acting within the reasonable scope of their employment.
4.7. Neither the Company nor MCC shall be liable for the any loss of or damage to monies, negotiable securities, gold, silverware, jewelry, ornaments, works of art or other Passenger valuables unless such valuables have been deposited with the Company for the agreed purpose of safekeeping and the Passenger has given notice in writing to the Company of the identity of the valuables so deposited and their value. The Company nor MCC shall be liable in any event for any claim unless the incident which caused the loss of or damage to the valuables occurred in the course of carriage and was due to the gross fault or gross neglect of the Company, MCC, its servants or agents acting within the reasonable scope of their employment.
4.8. All luggage is presumed to have been delivered undamaged to the Passenger unless written notice is given by the Passenger to the Company, MCC or its agent that:
(i) In the case of apparent damage, before or at the time of disembarkation by the Passenger.
(ii) In the case of damage, which is not apparent, or of loss following disembarkation, within 15 days from the date of disembarkation or the time that the damage is noticed, whichever period is the shorter.
No written notice is required if the condition of the luggage has at the time of its receipt been the subject of a joint survey or inspection. Neither the Company nor MCC shall be liable for any indirect or other consequential loss or damage.
4.9. The Passenger shall not seek to make a double recovery in relation to any loss and/or injury/death sustained during the course of the carriage by making a claim against the Company and/or MCC under the same and/or different conventions in respect of the same loss.
4.10. Neither the Company nor MCC shall be liable for the acts and/or omissions in connection with or arising out of arrangements with independent contractors. Arrangements with independent contractors include but are not limited to the following:
(i) Services or products available for the Passenger’s convenience on board the Vessel and furnished by doctor(s), nurse(s), barber(s), hairdresser(s), croupier(s), internet provider(s), masseur, manicurist(s), photographer(s), entertainer(s), instructor(s), shopkeeper(s), concessionaire(s) and/or others;
(ii) Food and beverage services or products provided on board;
(iii) Services, products or transportation provided other than on board the Vessel which are furnished by others in connection with shore tours, excursions, and trips, hotels, tender service, trans-shipment, transportation by others whether by any vessel or by air, rail, land or by other means or connections with its vessels and other carriers.
4.11. Such independent contractors are not under the operation or control of the Company or MCC and neither the Company nor MCC makes any representation or warranty of any kind as to them.
4.12. Shore excursions are not operated by the Company nor MCC and neither the Company nor MCC shall be responsible for the performance of excursions or for any losses or injuries incurred ashore whether incurred during an organized excursion or otherwise. Likewise, independent trips ashore are at the sole responsibility of a Passenger and neither the Company nor MCC shall be responsible for any losses or injuries incurred while ashore.
EXTRAS
5.1. The Company or MCC may through its Master, doctor or otherwise arrange for and is authorized to charge for medical assistance given to any Passenger including medicines.
5.2. Passengers who by reason of illness or through any other cause require special or extra accommodation or special or extra attention in the course of the voyage not originally provided for will be charged accordingly.
5.3. Any port and/or airport charges and/or taxes, which are not included in the price of the cruise, are extra and must be paid for by the Passenger.
5.4. The on board currency on the Vessel is the Euro. All charges and on board expenses are designated in Euros. The Vessel has a Foreign Exchange facility on board which will accept major currencies and exchange them into Euros at the rate of exchange indicated on board.
5.5. Any goods or services provided to or purchased by the Passenger on board the Vessel, which are not included in the price of the cruise, must be paid for by the Passenger before the Passenger leaves the Vessel. On board Duty Free purchases of cigarettes and spirits will be delivered to the Passenger on disembarkation.
5.5 The Company will request a credit card guarantee or cash deposit in respect of actual or anticipated on board purchases that may be made by the Passenger during the duration of the cruise, at the time of the Passenger’s initial embarkation of the Vessel.
5.6 The Company’s suggested tipping policy for housekeeping and restaurant services rendered on board the Vessel is Euro 8 per passenger per day for all passengers over 16 years old and Euro 4 per person per day for children and teenagers (6 to 16 years old). As a convenience this amount will be added automatically to the Passengers on board account. As this is a discretionary amount, a Passenger may modify the amount charged with a request to the Reception Desk. A 10% service charge will be automatically added to all beverage service bills.
5.7 Passengers are not permitted to take on board any alcoholic liquors for consumption during the cruise.
5.8 The Company and MCC shall have a lien upon and a right to sell by auction or otherwise without notice to the Passenger, any baggage or other property belonging to such Passenger in satisfaction of any amounts, which may in any way have become due by the Passenger to the Company or MCC and have not been paid.
5.9 The Passenger is not liable in respect of his baggage or personal effects to pay or be entitled to receive any General Average contribution.
SEVERABILITY
6. Each of the provisions contained in this contract shall be severable and if any such provision should be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions shall nevertheless have full force and effect.
ENGLISH LANGUAGE
7. The principal language on board the Vessel is English. However, the Company and MCC will make every effort to include on its staff, employees conversant in Greek, Spanish, French, Portuguese, Italian, German and Japanese, but do not guarantee that they will do so.
LAW
8.1. Any action arising out of or in connection with this contract, which is subject to the Athens Convention, may be brought in the applicable jurisdiction specified under that Convention. Any other action arising out of or in connection with this contract shall be brought in England to the exclusion of all other jurisdictions. and English law shall govern and apply in all respects.
8.2. Any claim subject to the Athens Convention must be brought within the time limits specified under that convention. Any claim not notified and any action not commenced within the applicable time limits, shall be deemed to be waived and absolutely barred.
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