Legal
UK & EU Carrier's Standard Conditions of Carriage
The following conditions are only applicable to bookings made in a European Union ("EU") member nation. These Conditions of Carriage govern the relationship, responsibilities and liabilities as between the Guest and the Carrier and are BINDING ON THE PARTIES. You must carefully read these Conditions of Carriage which set out your rights, responsibilities and limitations to make claims against the Carrier, its servants and/or agents. These Conditions are incorporated into your Contract with the Organiser.
1. Construction and Definitions
“Carrier— means Crystal Cruises® LLC, which includes the companies dba as Crystal Yacht Cruises™, and Crystal River Cruises™. Carrier includes
the Owner and/or Charterer whether Bare Boat/Demise Charter, Time Charterer, Sub-Charterer, manager or operator of the Ship to the extent that each of them acts as Carrier or performing Carrier (in accordance with the definition provided in the Athens
Convention 1974 and 2002).
“Contract— means the Contract between the Guest and the Organiser.
“Concessionaire— means third parties who sell goods and services to Guests on board the Ship.
“Disabled
Person— or “Disabled— or “Disability— means any physical or psychiatric disability or other medical condition which affects the Guest’s health and or ability to participate in the Cruise.
“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 psychosocial 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 the service made available to all Guests.
‘Force Majeure’ means weather conditions, deviation of the
Ship due to emergency medical condition(s) and or obligation to save other ship(s), property or individual(s) or life at sea or other emergency beyond Crystal’s control, any act of God, war or warlike operations strike, lockout or labour difficulties
or shortages, civil commotion, lockout or labor difficulties, riot, insurrection, war, government restraint, requisitioning of the vessel, political disturbance, , interference by authorities, requisitioning of the Ship, acts or threats of terrorism,
perils of the sea,inability to secure or failure of suppliers, including fuel, port services or any other circumstances beyond the control of the Carrier. Explosion, fire, collision, stranding or floundering of the vessel or breakdown or failure
of or damage to the vessel or its hull or machinery or fittings or other technical issues which are not the fault of the Carrier.
"Guest" means the purchaser of the Contract and any person or persons named in the Contract including Minors
who sail on the Vessel.
“Luggage— means any Luggage, packages, suitcases, 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 or deposited with the ship’s reception for safe custody, but not mobility or other medical equipment.
"Master" is the Captain or person in charge of the carrying Vessel at any given point and commanding the Cruise Ship.
“Minor— means any child under the age of 18.
“Organiser— is the party with whom the Guest has entered into a contract for the cruise and/or Package as also defined under the Council Directive 90/314/EEC of
13th June 1990 on Package Travel, Package Holidays and Package Tours or other relevant legislation or regulation.
“Ship— means the ship named in the Contract or any ship substituted for the ship named in the Contract, and its
tenders or any other means of conveyance controlled by the Ship, its owner, operator, manager, charterer and agents.
“Shore Excursion— means any excursion offered for sale for which a separate charge is payable whether booked
prior to commencement of the cruise or onboard the vessel. On Yacht and River Cruises many of the Shore Excursions will be included in the cruise price. The included excursions will be made clear at the time of booking.
“Ticket—
means the document issued by the Carrier which is subject to these Conditions of Carriage.
2. Non-Transferability/Binding Effect
The Carrier agrees to carry the person(s) named in the
Contract issued by the Organiser on the date and vessel and cabin type indicated, or any substitute vessel, and is NOT TRANSFERRABLE. The Terms and Conditions of the Ticket are binding on, and confer benefits to, the Guest, the Guest’s spouse,
heirs, executors, administrators, personal representatives, dependents and next of kin. The Guest represents and warrants that he or she is duly authorised by and on behalf of all Guests (including children) named on the Contract to agree to all of
the terms and conditions of the Ticket and to bind all such Guests to such terms and conditions.
3. Embarkation
The Guest is required to be on board the Ship at least 90 minutes before
departure time. At the time of embarkation the Guest is responsible for having received all medical inoculations necessary for the voyage and having in his or her possession the Ticket, valid passport, visas and other documents necessary for the scheduled
ports of call and disembarkation. Unwed, unrelated couples must be 18 or over to be booked in the same stateroom.
4. Luggage, Valuables and Other Possessions
Each Guest may bring aboard the
Ship a reasonable amount of clothing and personal effects without charge. All Luggage must be securely packed and distinctly labeled with the Guest’s full name, the name of the Ship, the stateroom number of the Guest and the sailing date
of the Ship. All checked Luggage must be locked.
Guest must personally carry Luggage containing breakable items and valuables, including, but not limited to jewelry, watches, money, precious stones and metals, securities, cheques, other
financial instruments at all times during transit, including, but not limited to, on and off the Ship. Guests should not give such Luggage containing breakable items or valuables to any one at any time, including, but not limited to, porters, Ship
personnel or anyone else who is not known personally to the Guest, regardless of any assurances given to Guest that it is safe to do so, at any time, including, but not limited to, during transit to and from the airport, arrival at the Ship, boarding
and checking into Guest’s stateroom, or at any other time while traveling. Such Luggage is the full and sole personal responsibility of the Guest at all times. Such Luggage may not be included with checked Luggage. Guests are personally responsible
for their Luggage throughout the travel process and should personally ensure that their valuables are carried to their staterooms and stored appropriately. See Section 10 regarding medical and mobility equipment.
5. Travel documents
It is the responsibility of each Guest to ensure that there is valid and appropriate travel documentation including passports and visas for each Guest for eligibility to travel at the time of embarkation and throughout the cruise and the various
ports of call for the Cruise. In addition to immigration and customs requirements, the U.S. Government and others place restrictions on the carriage of Guests whose names appear on Government watch lists or who are deemed legally ineligible to travel.
It is the Guest’s sole responsibility to ensure his/her legal eligibility to travel. The Carrier is not responsible for advising or obtaining visas for any Guests, Guests are advised to check with the appropriate Government authority to determine
the necessary documents and travel eligibility requirements. Any Guest who is or becomes ineligible to travel for any reason, or who is travelling without proper documentation, will not be allowed to board the ship. Under no circumstances shall the
Carrier be liable for any costs, damages or expenses whatsoever incurred by any Guest as a result of such denial of boarding. If the Guest boards the vessel then this does not create any liability to the Carrier if it is subsequently assessed
that the Guest does not have valid or appropriate travel documents and or visa requirements for all or part of the cruise even where the Carrier’s representatives have seen the documents prior to boarding.
6. Children
The Carrier is unable to accommodate children less than six (6) months of age and reserves the right to restrict the number of those less than three (3) years of age aboard the Ship. Any child under the age of eighteen (18) must be accompanied
by an adult over the age of eighteen (18). In addition, if the adult accompanying this child is not a parent, a “Parental Consent Guardianship Form— must be signed by a parent or legal guardian and received by the Carrier prior to sailing.
Parents can have two related children booked in the same stateroom provided one of them is at least 16 years of age. No one under the age of eighteen (18) is permitted in the Ship’s casino or to participate in any monetary-based games of chance
(including Bingo) on board.
Guest understands and agrees that Guests must be at least 18 years old to be served wine, beer, and spirits. When docked or anchored in U.S. ports, within the three-mile limit, Guests must be at least 21 years
old in order to be served any alcoholic beverage. Guests agree to abide by this provision.
7. Safety/Health/Allergies
Guests must attend all mandatory safety briefings and muster drills at
the commencement of the Cruise and any subsequent briefings or drills ordered by the ships officers during the Cruise and Guests shall comply with all onboard safety policies and procedures on board ship and familiarise themselves with all emergency
exits and generally the nature and character of the Ship in order to ensure safe evacuation of the ship in the case of an emergency.
The Guest represents that he or she will at all times comply with the Ship’s rules and regulations
and orders and directions of the Ship’s officers and medical staff; that his or her conduct will not impair the safety of the Ship or inconvenience other Guests.
The Carrier and/or the relevant port authorities shall be entitled to
administer a Public Health Questionnaire at any time. All Guests agree to complete the pre-boarding questionnaire and to supply accurate information regarding any symptoms of illness including but not limited to gastro-intestinal illness. In the interest
of health and safety the Carrier may deny boarding to any Guest who has symptoms of any viral or bacterial illness including but not limited to Norovirus. Where illness is diagnosed on board the vessel all Guests agree that they may be required to
remain in their cabins for such duration as required by the ship’s doctor. Refusal by a Guest to complete the relevant pre-boarding questionnaire may in itself result in denied boarding. Refusal to remain in the cabin or otherwise reasonably
co-operate or follow the Doctor’s or Captain’s instructions following illness may result in the Guest being disembarked at the next port of call. Neither the Organiser nor the Carrier shall have any liability to the Guest in the
event of denied boarding or disembarkation.
For reasons of health and safety and the structure of the ship, Guests travelling on a Crystal River Cruise or Crystal Yacht cruise must be fully mobile. We are not able to offer individual assistance
to any Guest for walking, embarking or disembarking or travelling on buses or other forms of transportation. There are no elevators and 3 flights of stairs on the Crystal Yacht the ‘Esprit ‘. There is no wheelchair access or disabled cabins.
All suites have windows not verandas/ balconies. Zodiacs or Wider boats are used for water landings on remote islands and beaches. Some landings are by wet landing (boat beaching of local boats). Many itineraries include extreme adventure
activities including challenging hikes which require a good level of physical fitness and do not have vehicles and or there are restrictions re access. Please also read Sections 9 and 10 below very carefully regarding relevant restrictions for Guests
with medical problems or those who are, disabled and or have Reduced Mobility.
The Carrier, acting via the Captain, reserves the right to refuse passage, disembark or confine to a cabin any Guest whose physical or mental condition, or behaviour
is considered in the sole opinion of the Captain and/or the ship's doctor to constitute a risk to the Guest's own well-being or that of any other Guest or crew member. The Carrier and the Captain reserve the right to disembark any Guest whose behavior
affects the comfort, enjoyment, safety or well-being of other guests or of any crew.
The Guest represents and warrants that the Guest is physically and otherwise fit to travel. The ship visits numerous ports in a number of countries.
The Guests are solely responsible for checking with their doctor as to which vaccination or medication are recommended or required for those countries for all Guests and their service dogs.
Guests are reminded that some foods may cause
an allergic reaction in certain people due to intolerance of some ingredients. If the Guest has any known allergies, or is intolerant to any food, he/she is required to report it to the Maître d’hôtel as soon as convenient after
boarding the ship. It is the responsibility of the Guest to ensure that he/she actively avoids any food he/ she are allergic to. The Carrier will take all reasonable care if made aware in writing of any specific food or ingredient the Guest has an
allergic reaction to and will assist the Guest within reason to avoid any such food or ingredients if made aware by the Guest prior to ordering such food. The Carrier is not under any obligation to prepare or provide special meals for the Guest.
Guests shall observe the nonsmoking areas on board the ships. Indoor smoking is permitted only in the Connoisseur Club smoking lounge and in the VIP Casino (during play, upon request). Smoking is prohibited in all other indoor areas of the
ships including all other public rooms, lounges, corridors and restaurants, as well as all staterooms, suites and verandahs. If smoke is detected in a stateroom or suite, a cleaning fee of £165.00 per occurrence will be billed to Guest's account.
Outdoor smoking is allowed in a limited number of designated spaces as follows: Cigarette (including e-cigarette) smoking: Decks 10, 9 and 8 Aft on Crystal Symphony and Crystal Serenity; Deck 11 Aft Crystal Serenity; Seahorse pool area, port side
only Promenade Deck. Cigar & Pipe smoking: Decks 10, 9 and 8 Aft on Crystal Symphony and Crystal Serenity; Deck 11 Aft Crystal Serenity. Fines will be charged for violations in accordance with this policy. If there is ongoing violation of
the non-smoking policy, more stringent consequences, including disembarkation without refund, may be ordered by the Captain.
The Guest shall indemnify the Carrier for all penalties, fines, charges, losses or expenses incurred or imposed upon
the Carrier or the Ship by virtue of an act or violation of law by the Guest.
The Guest agrees that he or she shall not solicit for commercial purposes Guests or others on board the Ship, or advertise goods or services on board the Ship without
the prior written permission of the Carrier. Solicitation by vendors of goods and services, including, but not limited to, solicitation by travel professionals, is strictly forbidden.
8. Pregnancy
Guests understand and acknowledge that prenatal and early infant care, in particular, may require specialized diagnostic facilities and/or treatment that are not obtainable during the Cruise on board the ship and/or ashore in ports of call.
The ship’s doctor is not qualified to deliver babies or to offer pre or post natal treatment and no responsibility is accepted by the Carrier in respect of the inability to provide such services or equipment. . Guests must take into account
that there is no doctor on board Crystal River Cruises.
The Carrier recommends that women who are less than 12 weeks pregnant should seek medical advice prior to travel. The Carrier does not have on board its ships adequate medical facilities
for childbirth. The Carrier is unable for safety reasons to accommodate women past their 24th week of pregnancy at any stage of the cruise.
All pregnant women are required to produce a doctor’s letter stating that mother and baby
are in good health, fit to travel taking into account the proposed Itinerary and that the pregnancy is not high-risk. The letter must also include the estimated date of delivery calculated from both the last menstrual period and ultrasound (if performed).
The Carrier cannot carry a Guest unless they comply with this requirement.
The Carrier expressly reserves the right to refuse passage to board to any Guest who appears to be in an advanced state of pregnancy and the Carrier shall have no
liability whatsoever in respect of either such refusal and/or the carriage of any such Guest.
9. Medical facilities/treatment on board and ashore
There are no doctors or medical facilities
on board River Cruises. Should Guests require medical attention then local medical services can be contacted for emergency treatment. The cost of such treatment is the Guest’s sole responsibility. The Guest acknowledges that whilst there is
a qualified doctor on board the cruise ships and the Yacht it is the Guests obligation and responsibility to seek medical assistance if necessary during the Cruise. The ship’s doctor is not a specialist and the ship’s medical Centre is
not required to be and is not equipped to the same standards as a land based hospital. The ships medical Centre is not designed for the provision of extensive or continuing treatment. The ship carries medical supplies and equipment in accordance with
the requirements of its flag state. Neither the Carrier nor the ship’s doctor shall be liable to the Guest as a result of any inability to treat any medical condition as a result. Charges will apply for services dispensed by the ships medical
Centre. The Carrier shall not be liable for any aspect of medical treatment provided to the Guest, including, but not limited to, the consequences of any examination, advice, diagnosis, medication, treatment, prognosis or other professional services
which such doctors or nurses may furnish the Guest. The Carrier makes no warranty as to the quality of any such medical services.
If Guests have any medical condition which may need emergency treatment then this must have been disclosed
at the time of booking in order for a risk assessment to be undertaken. Guests may be asked to provide medical evidence to ensure that they can be safely carried. This will be dependent in each case on the extent of illness, mobility, the itinerary,
length of cruise and the structure of the ship. Failure to notify at the time of booking can result in carriage being denied by the Carrier if reasonable arrangements cannot be made on the date of embarkation to carry the Guest safely. By requesting
such evidence does not waive the Carrier’s right to disembark or refuse to embark Guest as set forth herein. If Guest is required to remain on board the Ship or elsewhere, due to injury, illness, or disability, or due to action of any government
or authority, or for any other reason not the fault of the Carrier, Guests must pay or reimburse the Carrier for all resulting costs and expenses.
The Guest hereby consents to treatment by the Ship’s doctor or other medical personnel,
if any, or by a physician designated by the Carrier, if subsequent to embarkation the Guest is unable to request or authorise such treatment and in the opinion of the Ship’s doctor needs medical attention.
Wherever possible, the Carrier
will offer general assistance to any Guest who suffers illness, personal injury or death during the period of the cruise , whether or not arising from an activity forming part of the cruise and whether or not the result of fault by any party. Any
costs or expense which is reasonably incurred by the Carrier for or on behalf of the Guest in respect of any form of medical, dental or similar treatment, hotel, transportation, repatriation, including, but not limited to such costs and expenses incurred
by or on account of services provided by port agent and other shore side service providers, including luggage shipping costs, or any other expense shall be repayable by the Guest to the Carrier, whether or not such sum is covered by the Guest’s
travel insurance. The Carrier reserves the right to take any action that it considers appropriate to recover any such costs or expense. The Guest agrees to fully indemnify and reimburse the Carrier in the event the Carrier elects to advance the cost
of such costs and expenses.
Please note that the medical facilities on board the ship are NOT equipped to perform dialysis. The shipboard doctors are not trained to provide dialysis treatments but are able to provide limited assistance
in emergency situations. It is the responsibility of the Guest to provide all dialysis equipment and treatment. This includes antibiotics. A risk assessment shall be carried out at the time of booking to ensure that the Guest can be carried safely
and in accordance with applicable laws. Dialysis is unlikely to be carried out on River or Yacht cruises as the ships are smaller with different amenities and there are no doctors on River cruises.
In relation to any other medical equipment
there are limited storage facilities on board. There are restrictions on the number and type of oxygen cylinders which can be carried in cabins. The ships medical centre cannot refill or supply oxygen cylinders. Guests must check prior to booking
if the equipment can be carried on board.
In the event of illness or injury a Guest may have to be landed for medical treatment ashore. No representations are made regarding the quality of medical treatment at any port of call or at the
place at which the Guest is landed. Medical facilities and treatment do vary from port to port. Guests are responsible for discharging all such medical costs and are recommended to have insurance to cover such medical costs.
10. Disability/Wheelchair/Service Animal
Guests being carried on Crystal Cruise Ships The Carrier’s priority is always the comfort and safety of its Guests as well as complying with the strict legal requirements of the law relating to safety of life at sea. In order to
achieve these objectives, any Guest with a Disability or Reduced Mobility must at the time of booking and before boarding provide as much detail as possible of the matters given below to the Organiser so that the Carrier can consider its obligation
to carry the Guest in a safe and operationally feasible manner, taking into account any issues relating to the design and facilities of the ship or port infrastructure and equipment including port terminals which may make it impossible to carry
out the embarkation, disembarkation or carriage of the Guest which may have an impact on the Guest’s safety and comfort.
The Guest is asked to provide full details if the Guest is unwell, infirm, Disabled or has Reduce Mobility. The
Guest is also asked to provide full details:-
a) If the Guest requires a Disabled cabin. The Cruise Ships have a limited number of such accessible staterooms available on a “first come first serve— basis. There are
no disabled cabins on Yacht or River Cruise Ships.
b) If the Guest has any special seating requirements.
c) If the Guest needs to bring any electrical or other medical equipment on board.
d) If the
Guest needs to bring a recognised assistance dog on board the vessel. Please note that assistance dogs may be subject to national certificate regulations. An Assistance dog must provide a physical service to the guest in order to qualify as
an assistance dog.
Where the Carrier considers for the safety and comfort of the Guest and in order for the Guest to fully enjoy the cruise that it is strictly necessary it may require a Disabled Person or Persons with Reduced Mobility
to be accompanied by another person who is capable of providing the assistance required by the Disabled Person or Person with Reduced Mobility. This requirement will be based entirely on the Carrier assessing the need of the Guest on grounds of safety
and may vary from vessel to vessel and/or itinerary to itinerary.
If the Guest has any particular medical conditions, Disability or Reduced Mobility which require personal care or supervision then such personal care or supervision must
be organised by the Guest and at the Guest’s expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.
Portable oxygen
tanks and oxygen concentrators may, subject to space and applicable regulations, be used on board, provided that Carrier is notified in writing at least 30 days prior to sailing and it has consented in writing. Please note that liquid oxygen is strictly
forbidden.
If after careful assessment of the Guest’s specific needs and requirements, the Carrier concludes that the Guest cannot be carried safely and in accordance with applicable safety requirements then the Carrier can refuse to accept
a booking or embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety.
It is important that Guests contact the manufacturer or supplier to ensure that any medical equipment they are intending to bring on
board is safe to use on board the ship. It is the responsibility of the Guest to arrange delivery to the Ship prior to departure of all medical equipment and to notify the Carrier prior to boarding in writing if they need to have medical equipment
on board so that Carrier can ensure that the medical equipment can be carried and/or carried safely.
It is the Guests responsibility to ensure that all medical equipment is in good working order and for arranging enough equipment and supplies
to last the entire voyage. The ship does not carry any replacement and access to shore side care and equipment may be difficult and expensive. Guests must be able to operate all equipment.
Pets and other animals, except for
service dogs, animals, are not allowed on board the Ship. The Carrier must agree at the time of booking or prior to embarkation, in writing, that a Guest can bring a service dog on board the ship. Prior notification is required in order
to determine whether the Carrier can accommodate the Guest’s service dog if the Guest has not provided this information the Carrier cannot guarantee that the Guest’s service dog will be carried.
The Carrier reserves the right
to refuse to carry any Guest who has failed to adequately notify the Organiser/Carrier of any Disabilities or needs for assistance in order for the Carrier to make an informed assessment that the Guest can be carried in a safe or operationally feasible
manner on the grounds of safety.
The Carrier reserves the right to refuse to carry any Guest who in the opinion of the Carrier is unfit for travel or whose condition may constitute a danger to themselves or others on the Cruise on the grounds
of safety.
If the Guest becomes aware between the date of booking the cruise and the date of commencement of the cruise that the Guest will require special care or assistance as detailed above the Guest is asked to inform the Organiser
and Carrier immediately so that the Carrier can make an informed assessment whether or not the Guest can be carried in a safe and operationally feasible manner.
Some ports of call are anchorage ports which require the use of tenders or
other forms of small craft to go ashore. Passengers who are Disabled and or have Reduced Mobility may have difficulty in safely using the tender or small craft and must not therefore do so. In the event of any Disabled passenger or Person with Reduced
Mobility seeking to use the tender or small craft when it is not safe to do so then the officer in charge of the operation and or the Captain of the Ship can refuse to allow the Passenger to use the tender on the grounds of safety. Guests are
required to volunteer any Disability or Reduced Mobility which may affect their ability to embark/disembark the ship by any means to the officer in charge of tender operations.
Any Guest confined to a wheelchair is asked to furnish their
own standard size collapsible wheelchair and the Guest must also be accompanied by a travelling Guest fit and able to assist them. Wheelchairs and scooters must not be more than 22’ in width. In order to comply with Safety of Life at Sea
and other Regulations each cabin is limited to two pieces of medical and or mobility equipment to a combined total value of 2250 SDRs (approximately £2158.50). The Carrier can give permission in writing to allow these limits to be exceeded. The
Carrier’s assessment will be based on safety and reasonableness. Wheelchairs and walkers cannot be carried on tour buses due to space limitations. Guests in wheelchairs will not be manually handled or carried by crew or contractors at any time
into tenders, on ramps, transportation of any kind. This is a significant health and safety risk for the Guest and the individuals. Please note that third party facilities ashore such as restaurants, hotels and other tourist providers may not be able
to cater for wheelchair users. Wheelchair users are unlikely to be carried on River or Yacht cruises due to the limitations of the ship which make it impossible or where operationally it is not feasible to carry the passenger safely. See Section 6.
Guests travelling on Crystal Yacht and River Cruises
The Carrier is dedicated to providing a safe and comfortable cruise experience for all Guests. The Carrier does not discriminate against any person on the basis of disability and shall
make every effort to accommodate the needs of persons with disabilities. Safety of Guests taking into account all relevant safety regulations and the design and structure of the ship is the Carrier’s paramount consideration.
The staterooms
and public spaces on board the Crystal Yachts do not have any elevators as they were not originally constructed to be wheelchair accessible. In addition there is no elevator access to board the yachts. As a result, the Crystal Yachts are not suitable
for full time wheelchair users or people who are unable to walk unaided or are significantly relying solely on wheelchairs or other aids for transportation and or mobility.
Guests with Reduced Mobility and other Disabilities which impact
on their mobility and independence should take note that not all ports of call are accessible and the situation may change depending on the time of year, weather conditions and port traffic. These cruises are not suitable for Disabled Guests or those
with Reduced Mobility including those who are full time wheelchair users or who need assistance. All Guests must be able to negotiate 3 flights of stairs and embark and disembark the vessel via Zodiac or other water craft.
Gangways and
port access vary greatly around the world and, in ports where the ship must anchor; Guests are taken ashore tenders and/or ferries which may not be wheelchair accessible, as well as zodiacs, which are not wheelchair accessible. Further, all Guests
must be physically able to safely embark and disembark tenders, zodiacs and other craft taking into account the possibility of movement between the craft and the ship even in the best of weather conditions.
The Carrier reserves the right,
without liability, to refuse to board or transport Guests whose medical condition, limited mobility or disability is not compatible with security rules and requirements specific to the navigation area, or who, in the Carrier’s opinion is unfit
for travel on the yachts. The Captain’s decision on these issues is final.
In the unlikely event of an emergency, all Guests must be fully mobile and able to exit the yachts safely. If Guests are unable to meet the minimum safety
requirements, even when provided with appropriate auxiliary aids and/or services, the Carrier may find it necessary to ask the Guest to make alternative travel arrangements.
In respect of Crystal Yachts or River Cruises, the cruise subject
to the ship structure and itinerary may be unsuitable for passengers who need assistance dogs. A risk assessment will be carried out at the time of booking. It is important that Guests provide as much information as possible.
11. Security
Weapons, ammunition, explosives, substances that are hazardous, disabling, or illegal, or any other article that in the opinion of the Master shall be deemed dangerous, are strictly prohibited aboard the Ship. Such additional dangerous articles
include, but are not limited to, firearms, stun guns, swords, ice picks or knives. A more comprehensive list of prohibited items is available through the Carrier. Any such items shall be surrendered to the Captain at embarkation, and may be disposed
of at the sole discretion of the Captain.
The Guest hereby consents to a reasonable search being made of the Guest’s person, Luggage or other property, and to the removal and confiscation or destruction of any object which may, in
the opinion of the Carrier impair the safety of the Ship, be illegal or inconvenience other Guests.
The Carrier endeavours at all times to exercise reasonable care for comfort and safety on board its Ships of all Guests. The Carrier cannot
guarantee freedom from all risks associated with war, terrorism, crime, or other potential sources of harm. The Carrier reminds all Guests that they must ultimately assume responsibility for the activities while ashore and for their other travel choices.
12. Limitations of Liability for Loss of Life or Injury and or Damage to Property
Where the booking has been made in a European Union Member State (EU) or the ship has an EU flag or where the first
port of embarkation or final port of disembarkation is in the EU international carriage of passengers and their luggage by sea for shall be governed by EU Regulation 392/2009 and where ratified the Athens Protocol 2002, which may be found at:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/261628/Misc.6.2013_Prot_2002_Athens_8760.pdf and https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF
Domestic sea carriage by sea or use of the ship as a floating hotel in the UK shall be governed by the 2014 Order which applies the
Athens Convention 1974 limits. A copy of the Athens Convention 1974 may be viewed at:
http://www.admiraltylawguide.com/conven/passengers1974.html.
In all other cases carriage by sea or use of the ship as a floating hotel shall be governed
by the Athens Convention 1974.
Any liability of the Carrier for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely brought and determined in accordance with the Athens Convention
2002 EU Regulation 392/2009 or where applicable the 2014 Order or Athens Convention 1974.
Where the Athens Convention or 2014 order apply or the ship is being used as a floating hotel the aggregate liability of the Carrier for the
death of or personal injury to a Guest shall in no event exceed the monetary limitations of 46,666 SDR’s (approx. £42,664.11) as set forth in the Athens Convention 1974.
The maximum liability for international sea going
cruises pursuant to EU392/2009 and the Athens Protocol 2002 is 400,000 SDR’s per passenger per incident (approx. £365,697.57) or 250,000 SDR’s (approximately £228,560.98) in the case of War and Terrorism pursuant to EU Regulation
392/2009 and the Athens Convention 2002.
Liability for loss of or damage to property (save for medical and mobility equipment pursuant to the Athens Conventions and EU Regulation 392/2009 is limited. Cabin luggage is limited to 833 SDR’s
under the Athens Convention 1974 and 2014 Order (approx. £761.57) and 2,250 SDR’s (approx. 2,057.05) under the Athens Convention 2002 and EU Regulation 392/2009.
In all cases of carriage by sea luggage is assumed to be delivered without
damage 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 15 days from the disembarkation or delivery or from the date any such delivery should have taken place.
The Carrier shall not be liable for any loss or damage to luggage that occurs outside the course of carriage including
any loss or damage before or after the luggage comes into the Carrier’s actual possession, custody and control, including, but not limited to, where the luggage is in the possession, custody and control of airlines or other transportation services.
The Carrier provides safekeeping for valuables aboard Ship and encourages Guests to deposit any jewellery or other valuables brought aboard the Ship with the Reception Desk staff who will issue a receipt for such valuables. The Carrier provides
an in-room personal safe for Guest’s convenience. However, the Carrier shall not be liable for any loss of or damage to money, jewellery, watches, precious stones and metals, securities, financial instruments, tickets and/or other valuables
unless they have been delivered to the Reception Desk for safekeeping and a receipt issued in which case the Carrier’s liability is limited in sums set out in the Athens Convention 1974 of 1,200 SDR’s (approx. £1,097.09) and
SDR’s 3,375 (approx. £3,085.57) under EU Regulation 392/2009 and the Athens Convention 2002. The use of safes on board is not a deposit with the Ship under the Athens Convention 1974 or 2002 or EU Regulation 392/2009.
Where
carriage is performed on Inland waterways and the vessel does not go to sea the liability provisions relating to sea going vessels do not apply to the cruise. In those cases the liability of the Carrier to Guests shall be determined in accordance
with English law (the Merchant Shipping Act) and The Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 96) as amended by SI 1998/1258, a copy of which will be provided by on request or can be found at:
(http://www.legislation.gov.uk/uksi/1998/1258/article/4/made).
The limits for non-sea going passenger vessels is 175,000 SDR’s per passenger limit (approx. £ 159,992.69). Liability for property claims will
be at least 1,000,000 SDR’s (approx. £914,243.92) under SI 1998/1258 (4)(b)(i)).
The Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels, referred to as the “Strasbourg Convention—
with protocols and amendments, applies to vessels sailing on waterways located in the territory of a state party subject to (i) the "Revised Convention relating to the Navigation of the Rhine of 17 October 1868" and (ii) the "Convention of 27 October
1956 concerning the canalization of the Moselle" (Article 15(1) of the Strasbourg Convention: http://www.ivr.nl/downloads/forms/B2.pdf). If the Strasbourg Convention applies the limits for Guest claims are 60,000 SDR’s (approx. £54,854.64)
per Guest subject to a minimum of 6,000,000 SDR’s (approx. £ 5,485,463.52) (see Article 7). The Carrier’s liability for death, injury, illness, damage, delay or other loss to person or property of any kind suffered by Guests
shall, in the first instance, be governed by the Convention on Limitation of Liability for Maritime Claims 1996 as amended by SI 1998/1258 or where applicable the Strasbourg Convention. The Carrier’s liability therefore
shall not exceed those limitations provided by the said LLMC 1996 and SI 1998/1258 or where applicable Strasbourg Convention or in any further revisions, protocols and/or amendments thereto as shall become applicable. Where the LLMC 1996 or If applicable
Strasbourg Convention permits the Carrier to apply a deductible, the Carrier may apply that deductible.
(The above reference approximate conversion rates are based on exchange rates as of. 15 September, 2015 SDR’s are a monetary unit
of the International Monetary Fund and current exchange rate can be found in major financial newspapers).
In respect of any loss or damage to property including luggage which are not covered by any international conventions, and where liability
is not limited by reference to any enactment, terms or conditions, then any legal liability that the Carrier may have for any such losses or damage will be limited to £500 per Guest.
All settlements by the Carrier will be made on
the basis of actual cash value (replacement cost, less depreciation) Claims for damaged items will be settled on the basis of cost of repair. No amount shall be paid in settlement of any claim without proof of the actual cash value, or repair cost,
as appropriate, arising from the loss or damage. Such proof must be sent to the Carrier. The Carriers’ liability must also be proven before any settlement will be paid. Guest cannot make a double recovery by making a claim against the Organiser
and the Carrier.
Personal belongings lost while unattended in public lounges or other public areas, whether on board the Ship or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, and other acts-of-God
are not reimbursable.
These liability provisions apply to all Guests and the relevant provisions of EU392/2009 shall apply to all cruises sold or where the cruise begins or ends in the EU even if the country in which the Cruise was purchased
is not a signatory. In all other countries the provisions of the Athens Convention 1974 shall apply. This includes US Guests whose cruise does not begin or end or call at any US port.
13. Independent Contractors and Concessionaires - Limit of Liability
The Carrier shall have no obligation or liability of any kind to the Guest for acts or omissions in connection with or arising out of arrangements with independent contractors or Concessionaires since they are not agents or employees of The
Carrier. Arrangements with independent contractors and Concessionaires include, but are not limited to the following: i) Goods or services sold in retail outlets on board the Ship, services or products available for the Guest’s convenience
on board the Ship and furnished by barbers, hairdressers, manicurists, masseurs, spa operators, photographers, entertainers, instructors, lecturers and others; ii) services, products or transportation provided elsewhere than on board the Ship which
are furnished by others in connection with sightseeing tours, pre-cruise and post-cruise tours, excursions and shore trips, including, but not limited to tender service.
Tours, including pre-cruise, post-cruise and other shore excursions,
including hotels, restaurants and transportation, whether by vessel, air, rail, land or other means, not owned or operated by the Carrier and, are not under the operation or control of the Carrier and the Carrier makes no representation of any kind
as to them, and takes no responsibility for them, even if, as a convenience to Guests, the Carrier provides an escort. The Carrier takes no responsibility for air or other transportation under any circumstances. Guests must assume responsibility for
their actions while ashore and for their participation in shore activities.
The Guest shall have no right to any refund and the Carrier shall have no obligation or liability of any kind to the Guest for acts or omissions in connection with
or arising out of arrangements with independent contractors or Concessionaires since they are not agents or employees of the Carrier. The independent contractors shall be entitled to charge for any products sold, services rendered or transportation
provided to the Guest either directly or, as a convenience to Guests, through the Carrier, for which services the Carrier is entitled to impose a charge and earn a profit. Refunds will not be given for partially used services. No refund will be made
for missed hotel nights or other program features due to airline delays or other factors beyond the control of the Carrier.
Each Guest agrees that all rights, exemptions from liability, defences and immunities of whatsoever nature referred
to in the Ticket applicable to the Carrier and the Ship, shall in all respects inure also for the benefit of any servant, agent or independent contractor of the Carrier acting in the course of or in connection with their employment so that in no circumstances
shall any such servant, agent or independent contractor as the result of so acting be under any liability to any such Guest different from that of the Carrier, and for purposes of the agreement contained in this section, the Carrier is or shall be
deemed to be acting on behalf of and for the benefit of all persons who are or may be its servants, agents or independent contractors from time to time and all such persons shall to this extent be or be deemed to be parties to the Contract contained
in or evidenced by the Ticket.
14. Shore Excursions
Shore Excursions are available for purchase on board the vessel or prior to embarkation. Where the Shore Excursion is part of the Cruise or where
the Carrier has sold Shore Excursions to Guests as principal than in these circumstances the Carrier will at all times endeavour to appoint reputable and competent local Suppliers in respect of these Shore Excursions. The terms and conditions
of the Suppliers will however be applicable and these may limit or exclude liability of the Supplier. The liability of the Carrier will not exceed that of any Supplier.
The Conditions of Carriage including limitation of liability
are applicable to any Shore Excursions purchased from and or provided by the Carrier.
Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any Supplier. In the event of a
complaint by a Guest, this Contract will be regarded as having been performed if local laws and regulations relating to those services have been satisfied, even if the laws of England and Wales have not been met. The Carrier does not operate,
perform or otherwise organise and/ or audit any Shore Excursions. All Guests must ensure that they are fit and healthy to undertake Shore Excursions. Guests must assume responsibility for their actions while ashore and for their participation in shore
activities.
In relation to Crystal Yacht Cruises expeditions/experiences Guests will be required to have the required level of physical fitness and mobility for the shore excursions and or water sports on offer, a release may need to be signed to
participate in some events. This is to ensure that Guests are fully aware of any risks and safety procedures to follow. Guest will not be asked to waive liability for any negligence of the supplier.
In relation to Crystal River Cruises,
Guests will be offered a choice of complimentary guided shore side adventures featuring cultural, soft and active options in every port.
Where Guests purchase Shore Excursions and activities directly with a local Supplier then in
such circumstances, the local Supplier is entirely independent of the Carrier even where the Carrier assist in booking such activities available as agent or otherwise. The Carrier is not responsible for any acts or omissions that are wholly attributable
to the fault of the local Supplier.
15. Time Limits and Notice Requirements for Claims
For Illness, Injury or Death: Any incident or accident resulting in emotional injury, bodily injury, illness
or death to a Guest must be reported immediately to a Ship’s Officer. The Carrier will not be liable therefore and no claim may be brought except as provided by law. For claims made under the Athens Convention or EU Regulation 392/2009, these
must be notified within 28 days of disembarkation and a claim filed in the Courts of England within two years of the date of disembarkation or in the case of death from the date of disembarkation would have taken place.
For Property And
Other Non-Personal Injury Claims: A written claim for loss of or damage to Luggage, valuables and other personal belongings must be made to the Carrier before the Guest leaves the disembarkation area to enable the Carrier to investigate any damage
and to conduct a search for claimed lost articles; all other non-personal injury claims must be made in writing as soon as they arise. Liability for loss of or damage to property pursuant to the Athens Convention and/or EU Regulation 392/2009 is limited
to the amounts specified therein.
The Carrier shall be entitled to the maximum protection allowed by law, including any statutory protection as to the amount of damages recoverable. In no event, however, will the Carrier be liable for any
damage, loss, injury or death not caused by the negligence of the Carrier.
16. Payments by the Guest and Extra Expenses
Any and all payments by the Guest to the Carrier shall be made in currency
of the United States of America or other currency acceptable to the Carrier. All charges for services and products provided on board the Ship must be settled in cash, traveler’s cheques, and personal cheques to limits acceptable to the Carrier
or credit card acceptable to the Carrier before the Guest’s final disembarkation from the Ship. Any other expenses incurred by the Guest or by the Carrier on behalf of the Guest shall be payable by the Guest on demand.
17. No General Average
Guests shall neither pay nor receive any general average contribution with respect to any property.
18. Indemnification
The Guest shall indemnify the Carrier for all penalties, fines, charges,
losses or expenses incurred or imposed upon the Carrier or the Ship by virtue of an act or violation of law by the Guest.
If the Guest is refused passage or leaves the Ship prior to the end of the cruise for any of the reasons described
in this section or for other reasons including, but not limited to, personal, medical, or business reasons, the Carrier will not be responsible for any of the Guest’s costs.
19. Force Majeure
Except as provided by Law, the Carrier shall not be liable in any way to the Guest for:
inability to perform any condition herein or any part thereof caused by or arising out of a Force Majeure event.
any delay, cancellation, curtailment,
interruption, deviation of the Ship, change of itinerary which is caused by Force Majeure or other circumstances beyond the Carriers control any death and or personal injury and or loss of or damage to luggage or property caused by Force
Majeure
20. Itinerary/Right To Change/Detention
The Carrier reserves the right at its sole option and discretion and that of the Captain of the Ship without liability for damages or refund of any kind, to deviate from the Ship’s
advertised or ordinary itinerary or route, to delay, advance or cancel any sailing, to omit or change ports of call, to arrange for substantially equivalent transportation by another vessel and/or by other means of transportation, to cause the Guest
to disembark from the Ship temporarily or permanently, to tow or to be towed or assist other vessels or to perform any similar act which, in its sole judgment and discretion, is justified for any reason. The Carrier may for any reason whatsoever cancel
any sailing at any time before departure of the Ship. In such event, the Organisers’ only liability will be to refund to the Guest the amount it has received for the Ticket. If a voyage is cancelled due to mechanical failure of the Ship, the
Guest will be entitled to a full refund of the cruise fare, or a partial refund for voyages that are terminated early due to those failures. If a voyage is terminated early due to mechanical failure of the Ship, the Guest is also entitled to
transportation to the Ship’s scheduled port of disembarkation or the Guest’s home city, at the discretion and expense of the Carrier, as well as lodging at the unscheduled port of disembarkation, if required, at the expense of Carrier.
In the event that hotel accommodation is provided to the Guest then in accordance with EU 1177/2010 The Carrier’s liability is limited to a maximum of 80 Euros per night for a maximum of 3 nights. The Carrier will make all such arrangements
as are reasonably practical and available.
21. Law and Jurisdiction
Subject to the jurisdictional provisions of the Athens Convention 1974 and 2002 and EU392/2009 (The Conventions) being applied
all other disputes and matters howsoever arising between the Guest and the Carrier (including in connection with the Carriage and or its execution and or these Conditions shall unless the Carrier expressly agrees otherwise in writing be subject to
the laws of England and shall be brought in the Courts of England to the exclusion of any other venue, law or jurisdiction. This includes US Guests where the cruise does not begin or finish or call at any US port Guests with claims under The Conventions
may at their option choose English law and jurisdiction.
22. Interpretation
Should any provision of the Ticket be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court
of competent jurisdiction, such provision shall be deemed to be severed from the Ticket and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of the Ticket are for convenience of
reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and
vice versa.
23. Damages Excluded
The Carrier shall not be liable for any indirect, special or consequential damages.
The Carrier does not accept any liability to the Guest for infliction
of emotional distress, mental anguish or psychological injury of any kind under any circumstances, when such damages were not the result of physical injury to the Guest caused by the negligence of the Carrier, not the result of the Guest having been
at actual risk of physical injury where such risk is caused by the negligence of the Carrier or not intentionally inflicted by the Carrier.
24. Written Notices
Except as otherwise expressly provided in the Ticket,
all written notices required by the Ticket must be mailed, postage prepaid, to:
Crystal Cruises
1501 Biscayne Blvd., Suite 501
Miami, Florida 33132
Standard Conditions of Carriage
Version 2_4/16/20
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