4.1 What if I am travelling with a group?
Please consult your travel agent for deposit, payment, cancellation and other information. Terms and conditions for those travelling in a group are different to those that apply to individual bookings.
4.2 What about guests with special needs?
You must ensure that you are medically and physically fit for travel, and that such travelling will not endanger yourself or anyone else. At the time of booking (or as soon as possible if the condition arises after booking) you must tell your Travel Agent in writing about any assistance or requirements that you have relating to accommodation, seating or services on your holiday including medical assistance or a requirement to bring medical equipment onto the cruise. We also ask that you notify us of any medical or physical condition which will or may require medical treatment or attention during your holiday or which may or will affect your holiday in any way (including your use of any services or facilities) in order that we can prepare accordingly and make all reasonable efforts to accommodate you in a safe manner. Any assistance or requirements that you have relating to accommodation, seating or services including medical assistance or a requirement to bring medical equipment must be advised to us, where known at time of booking. Should your needs change after booking or you become aware that you need assistance as described above you must notify us immediately and we will make reasonable efforts to assist you at that time. Where we cannot provide appropriate support or the services as requested we will advise you as soon as possible. Except as set out below, our ships have selected staterooms designated for guests with physical disabilities. Guests who use wheelchairs must provide their own collapsible wheelchair and may find certain areas of the ship inaccessible. If you would like to bring a motorized wheelchair or scooter on board you must contact our Special Services department (see clause 3.4) at time of booking to provide the dimensions as size limitations may apply and we may not be able to accommodate this request. Certain conditions (for example, use of tenders or some shore excursions) may prevent guests with wheelchairs from going ashore at certain ports of call. We regret we must reserve the right to refuse to allow anyone to travel in accordance with EU Regulation 1177/2010. This includes a refusal in order to meet safety requirements established by international, union or national law or those competent authorities, or where the design of the ship or port infrastructure (including terminals) and equipment makes it impossible to carry out the embarkation, disembarkation or carriage of a guest in a safe or operationally feasible manner.
4.3 Are there any age restrictions?
On ships departing from ports in Europe, Asia, South America, Australia or New Zealand, no person under eighteen (18) (a 'minor') may sail on any cruise holiday or have a stateroom on his or her own unless accompanied by a parent, a legal guardian or authorized person* who is over the age of eighteen (18). Please note, that for any of our ships sailing from a port in the US or Canada, the minimum age for the above policy will be twenty-one (21). For minors under the age of eighteen (18) at the start of the sailing who are not travelling with at least one of their parents or a legal guardian, written authorization for an authorized person to accompany the minor must be provided from a parent/legal guardian. Minors travelling with an adult(s) who is not the parent or legal guardian shall be required to present (a) the minor's valid passport, (b) all applicable visas and (c) *where the minor is under the age of eighteen (18), an original legally affirmed or notarised letter signed by at least one of the child’s parents/ legal guardians. Where such letter is required, the letter must authorize the travelling adult to take the minor/s on the specified cruise and must authorize the travelling adult to supervise the minor, sign applicable sports waivers and permit any medical treatment that must be administered to the minor which in the opinion of the treating doctor needs to be carried out without delay. A letter can be legally affirmed or notarised by a practicing lawyer, notary or commissioner for oaths for a fee. If such evidence is not produced, the minor(s) concerned will not be permitted to board the ship or undertake the cruise. Azamara Club Cruises will not be responsible for any costs, expenses or losses suffered as a result either by the minor affected, the person(s) paying for their cruise (if not the minor him/herself), or any persons travelling with the minor who decide not to continue with the holiday as a result of the failure to produce a letter of authorization as set out above. Please note: that parent(s)/legal guardian travelling with a child who has a different surname to the parent(s)/legal guardian, will be required to produce official proof such as a full birth certificate/wedding certificate/divorce papers to prove that they are the parent(s)/legal guardian of the children concerned. Proof of legal guardianship is also required where there is a minor travelling with their legal guardian. Individual staterooms can be booked by married couples whose minimum age is sixteen (proof of marriage is required at time of booking). Individual staterooms may only be occupied solely by minors where such staterooms are adjacent to the stateroom of the parent or Legal Guardian of the minor. On board there are certain facilities where each entry is restricted by age. Persons using the Spa must be over the age of 18. Full details of onboard facilities with age restrictions are contained within the Daily Programme, which is available from the Guest Relations Desk. The minimum age for infants to sail is six (6) months, as of the date of sailing and twelve (12) months, as of the date of sailing for Transatlantic, Transpacific, Hawaii, Australian, selected South American cruises and other selected cruises. For the purposes of this policy any cruise that has 3 or more days consecutive at sea will require infants to be 12 months old on the first day of the cruise. The health and safety of our guests is our number one priority. As such, in consideration of the limitations of the shipboard medical facility, equipment and staff, the company cannot accept waivers, releases or requests for exceptions to this policy.
4.4 What about advanced or delayed sailings and changes in the itinerary?
We regret we cannot guarantee that ships will call at every advertised port or follow every part of the itinerary. Itineraries may change from time to time, both before and after your sailing departs. Azamara Club Cruises and the Master of the ship have the right to omit or substitute any port(s), call at any additional port(s), vary the order of call for ports, change the time of arrival at, departure from or time spent at any port of call, deviate from the advertised itinerary in any way or substitute another ship. Where possible, you will be advised of any significant changes to your confirmed itinerary - see clause 4.5. Changes to the last confirmed itinerary for your cruise may become necessary after you have departed for a variety of reasons such as prevailing weather and sea conditions, guest emergencies, providing assistance to other vessels and the ship being unable to operate at its normal speed(s) due to unexpected mechanical or technical problems. We will of course do our best to avoid any changes that will have a significant detrimental effect on your last confirmed itinerary. However, we cannot accept any liability In respect of any changes that result from circumstances outside our control (see clause 4.10) or which do not have a significant detrimental effect.
4.5 Can you change or cancel my holiday?
Occasionally, we have to make changes to and correct errors in the brochure and other details both before, and after, bookings have been confirmed and, even more rarely, cancel confirmed bookings. There may be a requirement to carry out maintenance/building works on your cruise. Where the works are likely to seriously impair your holiday, we will notify you as soon as possible.
Please note that as our ships are not U.S. flagged, in accordance with U.S. legislation, we are not permitted to fulfill bookings of two or more consecutive cruise itineraries whose first itinerary commences in one U.S. port and the second itinerary concludes in a different U.S. port unless such itineraries includes a distant foreign port. If you wish to book two consecutive sailings that commence and conclude in different U.S. ports please contact our reservations department for further advice before making a booking. Where we identify that a booking has been made in violation of these requirements we must reserve the right to cancel any such booking(s) and refund to you the price paid. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. lf you do not wish to accept the holiday we specifically offer you, you may choose any of our other available holidays. You must pay the applicable price of any such holiday. This will mean you paying more if it is more expensive or receiving a refund if it is cheaper.
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one.
What is a significant change?
A significant change is a change to your confirmed holiday, which we can reasonably expect will have a significant effect on it. Examples of what we consider are significant and minor (defined below) changes are as follows: Significant change: A change from two days port of calls to two days sailing instead
Minor change: A change from one port of call to another; A change from one day's port of call to one days sailing; A change in timings for any port(s) of call but the ship still calls at all confirmed ports; A change in order of ports that are visited. Very rarely, we may be forced by "force majeure" (see clause 4.10) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
4.6 Can you refuse to allow me to travel?
We regret we cannot guarantee that ships will call at every advertised port or follow every part of the If in our reasonable opinion or the reasonable opinion of the ship's Master or doctor, you or any member of your party are or appear to be unfit to travel for any reason or a risk or danger to yourself or a danger to others (including by reason of pregnancy entering their 24th week of pregnancy at any point of the cruise - see section 2.6) or you or any member of your party behave in such a way as to cause or likely to cause danger, upset or distress to any third party or danger to property. In this situation we are entitled without prior notice to refuse to allow you and or any member of your party to travel on any ship and to terminate your cruise holiday at any time. You may then be left at any port or place at which the ship calls without our incurring any liability. You will have to pay any costs expenses or losses suffered as a result, and we will not pay any compensation or give you any refund. Once your holiday has been terminated in this manner, we will not have any further responsibility towards you. To ensure a healthy sailing, we may also request that guests who arrive at check in and are showing symptoms of gastrointestinal type illness or other illnesses that spread easily from person to person, may be asked following consultation with our medical staff to reschedule their cruise. The same right to refuse to allow you to travel or to use any services applies where you are or appear to be unfit to travel or otherwise behave badly as set out above during any other part of your holiday. If you have failed to give proper notice of any assistance or needs you require in accordance with clause 4.2 we reserve the right to refuse to allow you to travel. Please also see clause 1.3. On every Azamara Club Cruises ship, we are committed to providing every guest with a cruise holiday that is excellent. To further ensure that you and your fellow guests receive exactly that, we have developed a set of Guest Behavior Policies; this is available on board. IMPORTANT: A violation of Azamara Club Cruises Guest Behavior Policies is cause for appropriate corrective action, including confiscation of improper materials or items ejection of the guest from the ship or refusal to allow you to travel on or termination of future cruise bookings. These policies are subject to change without notice and without liability to Azamara Club Cruises. Azamara Club Cruises is free to adopt additional rules not stated in these policies.
4.7 What is your liability towards guests?
(1) Subject to clause 4.8 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 means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer 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, our employees, agents or suppliers 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 of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). (2) 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 a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
• 'force majeure' as defined in clause 4.10 below Notwithstanding the above, we do not seek to exclude liability for death or personal injury as a result of our negligence. 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. 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 do not have any greater or different liability to you. For shore excursions, please refer to section 4.5. Shore excursions do not form any part of your contract with us even where we suggest particular operators/centres and/or assist you in booking such activities in any way. Accordingly, we cannot accept any liability in relation to such activities. 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. The exception to this is where the claim or complaint concerns the absence of a safety feature, which might lead a reasonable holidaymaker to refuse to take the holiday in question.
4.8 What is your limit of liability towards guests?
The provisions of the Convention relating to the Carriage of Passengers and their luggage by sea 1974 as supplemented and/or varied by any other applicable legislation from time to time in force including, but not limited to Regulation (EC) No 392/2009 which implements the Athens Protocol 2002 ("The Athens Convention”) apply to your cruise as well as the process of getting on and/or off the ship. For any claim involving death or personal injury or delay of or loss of or damage to luggage the only liability we have to you is in accordance with The Athens Convention. This means you are not entitled to make any claim against us which is not expressly permitted by The Athens Convention or which is in excess of the limits provided by The Athens Convention. Any claims covered under The Athens Convention must be made within the time limits set out in The Athens Convention. The Athens Convention limits the maximum amount we as the carrier have to pay if found liable in the event of death or personal injury and for claims concerning luggage and valuables. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is, except as otherwise expressly set out in the Booking Conditions, the most the carrier or hotel keeper concerned would have to pay under the International Convention or Regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating license granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request. For guests making bookings which involve cruise itineraries where the place of departure or destination is a member state of the European Union, we limit our liability to you for death and personal injury or loss or damage to luggage in accordance with The Athens Convention. In summary, the current maximum limits that apply under the Athens Convention in the event of our liability for death or personal injury caused by a shipping incident is 250,000 special drawing rights (SDRs) unless such is caused by an act of war, natural phenomenon, civil war, terrorism or any other exception set out in The Athens Convention. Where we are found to have been negligent this limit is increased to 400,000 SDRs. The limit of our liability for death and personal injury for non - shipping incidents is limited to 400,000 SDRs. In the event of our liability for damage and loss to baggage, where baggage is deposited with the ship, this is limited to 3,375 SDRs and for damage and loss to cabin luggage this is limited 2.250 SDRs. For more information on your rights please contact us.
4.9 What happens if I have a complaint?
In the unlikely event you have a reason to complain whilst away, you must immediately notify the Guest Relations Desk on board 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 address below. You must give your booking reference number and full details of your complaint within 28 clays of your return from holiday unless a different time limit applies to your claim - see clause 2.1, 2.3, 2.4 and 4.8. 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 simple complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.
4.10 What about circumstances which are outside your control?
Except where we specifically say otherwise in these terms and conditions, we cannot accept any liability or pay any compensation where your holiday and/or any other services we have promised to arrange or provide cannot be provided at all, or as promised or you otherwise suffer any damage or loss as a result of circumstances which are outside our control ('force majeure'). When we talk about circumstances which are outside our control, we mean any event which we or the supplier of the service in question could not have predicted or avoided even after taking all reasonable care. Such events are likely to include war or threat of war, acts of terrorism or threats of such acts, riots or civil unrest, industrial action, natural or nuclear disaster, fire, adverse weather conditions, health risks, epidemics, mechanical difficulties (which we could not have anticipated or avoided despite our normal comprehensive mechanical checks) and all similar circumstances which are outside our control.
4.11 Brochure validity
You must ensure that you are using an up-to-date brochure when you book your holiday. We cannot accept any liability whatsoever for any mistakes and/or any incorrect/inaccurate information which results from the use of an out of date brochure.
4.12 What other conditions apply to my holiday?
Airlines, hotels, lodges, rental companies and our other suppliers have their own conditions, which will apply to your holiday. Some of these conditions may limit or exclude the airline’s or other supplier's liability to you, often in accordance with International Conventions. Copies of the relevant parts of these conditions are available upon request.
4.13 Price and brochure accuracy
Azamara Club Cruises' policies and procedures are constantly evolving. At the time of printing, all those listed in this brochure and pricing supplement were correct. Please note: The information and destinations shown in this brochure or pricing supplement may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of the brochure at the time of printing, regrettably errors do occasionally occur. You must therefore ensure that you check all details of your chosen holiday with your travel agent, or with us direct, at the time of booking.