Cruise Contract (AU)

HOLLAND AMERICA LINE CRUISE CONTRACT

1.     Introduction

Holland America Line/We/Our/Us means Carnival plc, and where the context permits, includes the Carrier. Carrier means Holland America Line N.V. in its capacity as General Partner of Cruise port Curaçao C.V. You means you and all guests in your booking. You are entering into this contract with Carnival plc trading as Holland America Line, ARBN 107 998 443.

2.     Your Agreement with Us

These are the terms and conditions under which You book Your cruise holiday and travel on any Holland America Line cruise product We sell You. Once We have received the first payment towards Your cruise holiday, a legally binding agreement on these terms and conditions becomes effective between all guests on Your booking(s) and Carnival plc, and where applicable the Carrier. By making a payment, You represent that You accept and have authority from all guests (or their parent/legal guardian) on Your booking(s) to accept these terms and conditions on their behalf. Parents/legal guardians accept these terms and conditions on behalf of their children. You are bound by these terms and conditions, so it is important that You read them carefully. 

Every guest included in Your booking will have access to the booking (excluding credit card details). Any adult guest named on the booking may amend the booking.

Certain laws such as the Competition and Consumer Act 2010 (Cth) and any applicable state based consumer legislation (from here known as 'Consumer Laws'), are in place for Your protection. They are designed to ensure Our services are provided with due care and skill and are reasonably fit for a cruise holiday. These terms and conditions do not alter any protection given to You by Consumer Laws.

3.     Cruise itineraries are not guaranteed

Many factors may affect Our ability to provide any particular itinerary. These include weather, mechanical difficulties, civil unrest or other unforeseen circumstances. 

We agree to use reasonable endeavours to provide a cruise in accordance with Our published schedules and itineraries. However, We do not guarantee itineraries and they do not form part of Your contract with Us. 

If We are unable to operate in accordance with Our published itinerary, We may in some circumstances offer You assistance or compensation in accordance with clause 12. 

4.     Bookings and accommodation

Each stateroom booked represents an individual booking and can accommodate between one (1) and five (5) guests, depending on the stateroom configuration. Each booking will be allocated a unique booking number. Some staterooms have obstructed views.

If you decide to make Your Holland America Line booking through a registered Travel Advisor, any amendments or enquiries on the booking will need to be made by Your Travel Advisor.

For cruises departing Australia and New Zealand, a booking, and payments on a booking, can only be made by a person aged 18 years or over. For Cruises that do not depart from Australia and New Zealand, guests under 21 years of age must be accompanied by a parent, guardian or chaperone that is at least 21 years old.

You acknowledge that You have authority from all guests in the booking to make changes to Your booking.

Acting reasonably We reserve Our discretion to refuse to accept a booking request from any guest or group for any reason.

5.     Your fare

Your fare is determined by the fare type, the number of guests in Your room, its location on the ship, the amenities offered, taxes, fees and port expenses (which are all subject to change), and any applicable airfares including taxes and fees.

Once booked, Your fare may be subject to increased taxes, fees and port expenses. You will be notified of this before it is added to Your fare or to Your onboard account.

Fares are quoted in Australian dollars, unless otherwise noted. Onboard currencies are either US Dollars or Euros and vary by ship and region.

In the event that a displayed price is incorrect, subject to any requirements under the Consumer Laws, We may retract the price and /or withdraw the product from sale and refund any payments made at the incorrect price.

Sometimes We will release promotional fares. These can be offered and withdrawn at any time. If after booking You decide to change to one of these promotional fares, You may need to cancel Your existing booking and Our Refunds Policy outlined in clause 10 will then apply.

We may elect to impose a fuel supplement at any time, in which case any additional fees will apply to new bookings only. The total price quoted to You at the time of booking will be inclusive of any applicable fuel supplement.

6.     Payments

Your booking is not secure until an initial deposit in cleared funds is received by Us. If booking within 120 days of sailing or on certain promotions, We may require full payment to secure Your booking. 

Please ensure You check the deposit and payment conditions at the time of booking as these can vary by sailing and promotion. The payment conditions provided with Your booking confirmation set out deposit and final payment details. You must pay in accordance with those details. If We have not received Your deposit or final payment by the due date, the booking will be automatically cancelled and Our ‘Cancellation Policy’ will apply.

The Cancellation Protection Plan (“CPP”) is optional and available for purchase prior to the date on which cancellation fees begin to accrue. Payment for the plan is due at time of purchase and is non-refundable.

When booking through a Travel Advisor, they may have different payment conditions. Please check with Your Travel Advisor at the time of booking.

7.     Credit card service charges

When booking directly with Holland America Line, a service charge applies to credit card transactions. Any applicable service charge will be advised to You at the time of payment.

8.     Name changes

Once You have made Your booking, please check Your Booking Confirmation or with Your Travel Advisor to ensure the details are correct.

Should You need to make changes to Your booking (spelling corrections or to replace a guest*), cancellation or administration fees may apply. If You have also booked Flight Ease flights, additional fees will be charged as per the Flight Ease Terms and Conditions for any booking changes.

New guests added to bookings, and new bookings made, within 48 hours of departure will be asked for passport information at the time of booking for security clearance. Please note, We are unable to accept new bookings or new guests on the day of departure. 

* One original guest from the booking must always remain in the stateroom. If the cancelling guest was the only person that qualified the booking for a promotional fare (e.g. past guest fare), additional and remaining guests will no longer be entitled to this promotional fare. The booking will revert to a different fare and the remaining guests will need to pay the difference in cost, if any.

9.     Stateroom changes

When making a booking with a specific stateroom number, please advise Us or Your Travel Advisor if You do not want Your stateroom changed. This means that You would not be eligible for a complimentary upgrade to a higher priced category, if one was to become available. Please be aware that in the event You receive a complimentary upgrade to a higher priced category, We cannot guarantee that any friends or family travelling with You in a separate booking will also be upgraded. 

Please note, if You receive a complimentary upgrade it is not possible to return to Your original stateroom. Even if You requested not to be upgraded, Your stateroom can still be changed for operational reasons, including when the number of people booked in the stateroom is less that the number of beds in the stateroom (for example, 2 people booked in a quad stateroom), or if You have selected a wheelchair stateroom and do not required one.

In addition, when a booking is made without a specific stateroom assigned a stateroom will be allocated at Our discretion in the category booked, or a higher priced category, at a later date.

10.     Cancellation and refunds

Although We would love to see You on board, We understand that plans can change. Should You need to cancel Your booking, a component of Your booking or any guest/s within Your booking We ask that You notify Your Travel Advisor or Holland America Line Reservations at Your earliest convenience. The refunds or cancellation charges that will be payable depend on the amount of notice You give us, as set out below. Note: all amounts paid for CPP are non-refundable. 

Grand World; Grand Voyages; any Segment of a Grand World or Grand Voyage; 28 night or more Hawaii, Tahiti & Marquesas; Amazon Explorer; Incan Empires (including segments); 30 night or more Transatlantic Voyages and any segment of a 30 night or more Transatlantic

All other voyages 7 nights or longer

Voyages up to 6 nights

Note: 'Total Fare' is the total amount payable to us for your booking excluding any payment made towards CPP.

^{^} Any Restricted Flight Ease flights booked will be charged 100% of the total airfare paid as a cancellation fee. Please refer to the Flight Ease Terms & Conditions for further information. 

^* Any Flexible Flight Ease flights booked will be charged up to 100% of the total airfare paid as a cancellation fee if cancelled after the cruise final payment due date. Please refer to the Flight Ease Terms & Conditions for further information.

Please note, promotional fares may have different cancellation and refund conditions which will be stated on Your booking confirmation. Please ensure You check these at the time of booking.

Your Travel Advisor may also have different cancellation and refund conditions. Please ensure You check with your Travel Advisor at the time of booking.

11.     Shipboard environment

There are some inherent features of travel by cruise ship which You should be prepared for. Some noises and vibrations are associated with the normal operation of the ship. Maintenance may occur in certain areas of the ship while You are onboard which may affect access to these areas. Weather conditions may also require us to restrict access to certain areas of the ship for safety reasons.

12.    Ship & itinerary changes

We will do everything We reasonably can to make sure everything goes according to plan; however, sometimes changes can happen that may affect Your holiday experience. This could include weather, mechanical difficulties, civil unrest or any other unforeseen circumstances.

In addition, We may charter all or part of the ship, or remove the ship from service where this becomes necessary. We may change the itinerary, ship or cancel the cruise due to operational or commercial requirements.

We will notify You of these changes as soon as We can. If We are forced to cancel Your cruise for any reason prior to departure We will provide a full refund. Since Your itinerary is not guaranteed, please do not make any important arrangements or meetings based on the proposed itinerary.

Changes within Our control
Where We make a significant change to the ports in Your itinerary prior to departure and this is due to a circumstance within Our control, for example for operational or commercial requirements You will have the choice of:

1. the new itinerary;
2.  a future cruise credit to the value of Your fare paid; or
3. cancelling the cruise for a full refund of Your fare paid.

For the purposes of this clause, 'significant change' means a change to the city of departure or disembarkation, or to the majority (by number) of the other ports in Your itinerary. We will not be liable to pay any refunds or compensation for itinerary changes within our control except if the changes give a right to a refund or compensation under Australian Consumer Law,

Changes outside Our control
If it is necessary to change the itinerary due to safety, maritime law, severe weather or to protect human life or health or other factors outside Our control, We will attempt to offer a revised itinerary as close as possible to the original itinerary. We will not provide any compensation in connection with the revised itinerary unless consumer laws require otherwise.

13.  Travel insurance

We strongly recommend You purchase appropriate international travel insurance at the time You pay Your deposit. As Australian Medicare and New Zealand Accident Compensation Corporation do not cover Your travel onboard, it is important that international travel insurance is purchased for all voyages. If You do not purchase international travel insurance, You may not be able to recover cancellation charges, medical costs, repatriation and other expenses that may arise if things do not go according to plan. Also, some ports included in your itinerary may require you to hold a valid international travel insurance policy and provide proof of your policy to be able to visit. Travel insurance is your responsibility. Guests should ensure they read the Product Disclosure Statement for any insurance policy they are considering to ensure it provides the level of cover they need, including but not limited to cruise travel and any pre-existing conditions.

14.  Pregnancy

Guests who are pregnant at the commencement of their cruise are required to supply a physician’s 'fit to travel' note, including Your estimated due date, prior to embarkation. We are unable to accept any guests who will have entered their 24th week or later of pregnancy, before or during the cruise.

15.  Minimum age to travel

To ensure there is suitable supervision, there needs to be at least one guest 21 years or older in each stateroom; provided that for cruises departing from Australia (and New Zealand if applicable), there needs to be at least one guest 18 years or older in each stateroom. However, to accommodate families cruising together, children may occupy a separate stateroom to their parent/legal guardian, providing one child is 16 years or over.

Subject to applicable laws, for cruises departing from an Australian port between 1 November and 7 January, We will permit a quota of 20 guests per cruise who are under the age of 19 and not accompanied by a responsible adult. Once this quota is filled, We will require guests who are under the age of 19 to travel in the same room as a responsible adult 19 years or older.  

In addition, from 8 January to 31 January, We will permit a quota of 60 guests per cruise who are under the age of 19 and not accompanied by a responsible adult. Once this quota is filled, We will require guests who are under the age of 19 to travel in the same room as a responsible adult 19 years or older.

We can advise You at the time of booking whether the limit applies to Your booking. Holland America Line can waive the responsible adult requirement at Our discretion. Any requests for review of a waiver application decision can be made by calling 1300 987 322. In determining waiver requests we will take into account, the risks of an unauthorised event occurring, the risks of secondary supply of alcohol to minors or any other risks of excessive behaviour.  The responsible adult is accountable for guests under 19 years of age in their stateroom for the duration of the cruise, and the 'Rights of the Captain' will be applied to anyone who displays disruptive behaviour. 

We welcome children 6 months and over at the time of sailing to cruise with us; except for transocean crossings or other itineraries which Our Medical Department feels present a significant risk, where infants must be a minimum of 12 months of age at embarkation. We are unable to accommodate infants under 12 months on these cruises due to limited neo-natal facilities on board and at ports of call. In addition, children under three (3) years must remain with their parent/legal guardian at all times.

16.  Children & teenagers

For the safety and enjoyment of all on board, there may be limits on the number of children and teenagers that can be carried within different age groups. The age of the guest on the day they board the cruise is the age We use for the entire holiday. We can advise You at the time of booking whether We are able to accept bookings for children on the cruise You have chosen.

Parents/legal guardians are responsible for children and teenagers at all times, including when they are in Club HAL. If a child or teenager displays dangerous or disruptive behaviour, the 'Travel Restrictions and Rights of the Captain' under clause 25 will be applied to both parent/legal guardian and child/teenager.

Children's access to pools and spas may be restricted and adult supervision is required. 

17.  Club HAL (kids club)

To attend Club HAL children need to be three (3) years of age or over and toilet trained.

Use of Club HAL requires daily registration and entry is on a first-come-first-served basis as places are limited. On Sea days babysitting services for children 5 years of age and younger are available (based on availability of staff) for a fee.

18.  Passports, visas and vaccinations

Passports, visas and vaccinations are Your responsibility. For all cruises, passports are required for all guests and must be valid for the minimum duration required based on the countries You are visiting. Your passport must be valid for a minimum of six months beyond the date of Your cruise return and have sufficient blank pages for entry and exit stamps and visas. 

Without the necessary passport, visas and/or vaccinations, local authorities may deny You boarding, prevent You from going ashore, issue a fine or deny the ship entry into the port. It is also Your responsibility to ensure You have all the necessary documentation which permits You to travel. If You do not have all the necessary documentation, You may be denied boarding and no refunds will be given.

Where a visa or visa free entry stamp is issued on arrival into port (and You have not made independent visa arrangements in advance) HAL may impose a visa fee and/or a processing fee which will be added to Your onboard account.

In addition, travel on Our cruises will not revalidate an Australian or New Zealand re-entry visa.

19.  Prohibited items

To ensure a safe and enjoyable holiday for all Our guests, items which may pose a risk to the safety of guests and crew are not allowed to be brought onboard Our ships. Please refer to Our website for the current list of prohibited items.

All luggage, including hand and check-in, will be x-rayed at embarkation. In addition, it may be necessary for Our staff and other parties, such as port and government agencies, to search You and Your luggage. You agree to allow such searches. We can deny boarding or disembark any person in possession of any weapons, radioactive materials, inflammable or hazardous items, controlled substances or illicit substances. We may also hand these items over to law enforcement agencies.

All items purchased during Your cruise will be subject to applicable quarantine clearance procedures by local authorities on disembarkation. 

20.  Alcohol & gambling

We are committed to the responsible service of alcohol. There may be times when We consider it appropriate to refuse the service of alcohol to a guest for any reason. Guests must be 21 years or over to purchase or consume alcohol onboard, and 18 years or over to gamble on board. For cruises departing from a homeport in Australia (and New Zealand if applicable) the legal drinking age will be 18 years or over. Government issued photo identification may be requested (Queensland ‘Proof of Age Card’ will be accepted, however the older version, Queensland ‘Card 18+’ will not be accepted).

Each guest legally permitted to drink alcohol may bring one bottle of wine or champagne (no larger than 750ml) onboard in carry-on luggage at the beginning of the voyage. This bottle will not be subject to a corkage fee if consumed in the stateroom. Additional wine or champagne bottles (no larger than 750ml) in carry-on luggage are welcome, but will incur a US$18.00 (subject to change) corkage fee each, irrespective of where they are intended to be consumed. Guests are not allowed to bring beer, boxed wine, or other liquors and spirits onboard. Holland America Line reserves the right to remove all alcoholic beverages from any guest luggage that violates this policy. Any alcoholic beverage found will be removed and returned on the last evening of the voyage. Guests will not receive any monetary compensation for alcoholic beverages that were removed from luggage.

Wine and champagne bottles (no larger than 750ml) purchased in ports of call are welcome to be brought onboard subject to a US$18.00 (subject to change) corkage fee each, irrespective of where they are intended to be consumed. Alternatively guests can choose to have these bottles stored and returned on the last evening of the voyage at no charge. 

All other alcoholic beverages that are purchased in ports of calls as well as all alcoholic beverages purchased from onboard shops will be stored and returned on the last evening of the voyage at no charge. HAL is not responsible for any alcoholic beverages confiscated by local security staff. These items are not eligible for monetary refund or replacement. 

21.  Smoking

Smoking is not permitted in staterooms and most other indoor areas. For those who smoke, there are selected areas where smoking is permitted and this information will be communicated to You onboard. Electronic cigarettes and vapes can only be used in the designated smoking areas onboard. 

22.  Your health

You warrant that You are medically and physically fit for travel, and that such travel will not endanger yourself or anyone else.

Our medical centres are not required to be and are not equipped to the same standards as a land based hospital nor are they designed for the provision of extensive or continuing treatment. It is up to You to ensure that if You require doctor's clearance to travel that You obtain that clearance. We may request that You provide such clearance to us at any time.

If a guest has a condition that We decide may seriously affect the enjoyment, health or safety of themselves or any other person on board, We can refuse or cancel a booking. We will give reasonable consideration when reaching this decision and will advise You as soon as possible. Where Your booking is cancelled, You may be entitled to a refund.

Guests who need assistance should always be accompanied by a carer to help with day to day activities as Our crew and medical staff are unable to act as personal carers.

Guests who are bringing a wheelchair, mobility aid or any medical equipment onboard must advise Us at the time of booking. You must provide your own wheelchair or mobility aid and must ensure it can be stored inside Your cabin. Limited areas of the ship may not be wheelchair accessible.

Please note that some ports can only be accessed using the ship’s tenders. Tender ports are generally not accessible to guests confined to a wheelchair or with significant mobility impairments.

23.  Onboard Medical Centre

Each ship has a Medical Centre that is staffed by registered doctors and nurses, who are available during scheduled clinic times to provide medical care for everyone on board. They are also available 24 hours a day, 7 days a week for medical emergencies. Our Medical Centre is only for medical needs arising on board and cannot cater for treatments that You know You will require while on holiday.

All cruises on Our ships are outside the scope of Australian Medicare, New Zealand Accident Compensation Corporation (ACC) and private health insurance. Consultations, treatments and medication are charged at private rates and must be paid by You and claimed through Your international travel insurance.

While all of Our medical centres are equipped to handle many medical conditions, there may be occasions where it becomes necessary to disembark or evacuate a guest to receive further essential medical treatment. To ensure guest safety, this decision will be made by the onboard doctor and the Captain.

We are not a healthcare provider and may not be held liable for the sickness, injury or death of any guest arising from any advice, treatment, care, services or any omission by medical staff. These medical providers exercise their own medical judgement and expertise. 

24.  Other service providers and arrangements ashore

While We specialise in cruising holidays, You may choose to book other services through us such as flights and shore excursions. We can assist You in making these arrangements; however, We act only as a booking agent. The service providers are solely responsible for the information and service offered and their conditions will apply. Where possible, We will assist in addressing any concerns You may have with these service providers.

Any arrangements made with other service providers by or for You are Your responsibility and entirely at Your own risk. 

In the event that You go ashore You do so at Your own risk. You are responsible for adhering to the local laws, regulations and customs. We take no responsibility for any injury or loss that occurs while You are not onboard the ship. 

25.  Travel restrictions and the rights of the Captain

During the cruise the Captain will exercise complete control over the ship and take such actions as he or she thinks necessary to preserve the safety and integrity of the ship and the comfort, safety and enjoyment of the guests and crew.

You are responsible for ensuring that no travel restrictions apply to You. If police or any other authority in any jurisdiction notify us of, or We otherwise become aware of, any matter that reasonably causes us to believe Your presence onboard presents a risk to Your own health or safety or the health or safety of other guests and crew, We, or the Captain, may deny You boarding and may refuse or cancel any bookings from You. A full refund will be provided to any guest denied boarding or refused future travel on this basis.

Once the cruise has commenced, if a guest seriously affects the safety, well-being or enjoyment of themselves or any other person onboard, the Captain has the right to confine, sedate or disembark the guest. In such cases, We are not responsible for any expenses including Your return home. In addition, You will not be entitled to any refunds. While the Captain will always act reasonably in these circumstances, You accept that the safety, well-being and enjoyment of everyone onboard, comes first. 

26.  Leaving the cruise early

If You are required, or choose, to leave the cruise for any reason (unless caused by Our proven negligence or failure to provide services with due care and skill and that are reasonably fit for purpose), We are not responsible for any expenses, including Your return home. This also applies if You do not return to the ship in time for sailing after a port visit. If We assist with any costs, You will need to repay us on Your return. In addition, You will not be entitled to any refunds. 

27.  Limitation of Liability

Limitation of liability for Recreational Services
Save for liability for significant personal injury caused by Reckless Conduct by us or Our servants or agents, We exclude liability for all Excluded Recreational Liabilities arising out of the supply of Recreational Services.

Contributory Negligence
Our liability will be reduced in proportion to any negligence or fault on Your part.

Notification of Claims
You agree to use all reasonable efforts to report any complaints or claims onboard, or otherwise bring the matter to Our attention as soon as possible. You acknowledge that failure to bring any matter to Our attention whilst onboard will limit Our ability to investigate the matter following Your cruise. 

28.  Severability

This Cruise Contract must, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true interpretations or construction is held to be illegal, invalid or unenforceable:

a.      that provision must so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or

b.      if the provision or part of it cannot effectively be read down, that provision or part of it will be deemed to be void and severable and the remaining provisions of this Cruise Contract will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or unenforceabilty.

29.  Choice of law and jurisdiction

This Cruise Contract is governed by the laws in force in New South Wales. You agree that any action You bring against us will be brought in New South Wales, Australia. If You have a claim against us, You agree only to bring action against us and not any of Our related bodies corporate as defined in the Corporations Act 2001 (Cth).

30.  Privacy

Privacy laws safeguard Your personal details.
 
Personal Information
During the booking process and Your cruise holiday, We ask for personal information about You. By providing this information, You authorise us to handle Your personal information in the ways indicated below:

• to collect personal information within the meaning of the Privacy Act 1988 (Cth) or any other applicable privacy legislation about You:
  • from any third party making a booking on Your behalf for cruise administration purposes;
  • from any guest in Your booking or if You are travelling as part of a group – from any guest in the group for cruise administration purposes;
  • from any third party where it is necessary to provide a health service to You (including a medical disembarkation) and You are unable to provide the information directly;
  • for security purposes;
  • for accident/incident reporting, investigation and management purposes;

Where lawful and reasonably necessary to perform Our functions or activities, We may be required to collect sensitive information including information about health, race and criminal record.

• to disclose Your personal information:
  • to Our service providers, including mailing houses, ticketing companies, marketing agencies, emergency response providers, call centres, claims processors and lawyers for the purpose of enabling them to provide relevant services;
  • to Our customer service providers which are located in the United States and India;
  • to related entities within the Carnival group of companies (headquartered in the United States and United Kingdom with registered branch offices in Australia, New Zealand and Japan) for cruise administration for business operation purposes including, without limitation, to provide better service to Our customers, to comply with Our legal obligations, to operate and grow Our business, to improve and customize the content You see, to provide the products, services or membership benefits You request, and to contact You about special promotions and new products.
  • to Your Travel Advisor for cruise administration purposes, including any information relating to travel bans;
  • to other guests in Your booking or where You book as part of a group – to every guest in Your group (excluding credit card details);
  • to an emergency contact person You have nominated for emergency management purposes;
  • to Australian and foreign government departments/agencies/bodies responsible for customs, immigration, ports, quarantine and law enforcement, including police in Australia, New Zealand and each of the ports in Your itinerary, for reporting purposes;

Where lawful We may also be required to disclose sensitive information about You to the entities listed above.

• to use and disclose Your personal information, and where lawful, Your sensitive information:
  • for product research and development purposes, including conducting past guest surveys;
  • for reporting, assessing, investigating, processing and otherwise managing accidents/incidents, including disclosures to lawyers and insurers;
  • for public health and quarantine purposes;
  • for medical treatment (including medical disembarkation) purposes, including disclosures to health service providers, medical evacuation assistance companies, hotels, airlines, Travel Advisors and, where You are unable to consent, next of kin.
• where Your onboard expenses are charged to someone else’s credit card – to deliver onboard account statements regarding those expenses to the credit card holder;
• where We need to disclose Your personal information to someone who is not in Australia – to transfer Your personal information outside Australia;
• where We need to disclose Your health information to someone who is not in New South Wales or to a Commonwealth agency – to transfer Your health information outside New South Wales or to the Commonwealth agency;
• in the event that You lodge a complaint or claim about any matter with or in relation to us – to use and disclose Your personal information for the purpose of reporting, assessing, investigating, processing, responding to and resolving Your complaint or claim, including disclosures to relevant government departments/agencies/bodies, courts/tribunals, Your Travel Advisor, any authorised representative acting on Your behalf and lawyers. You also authorise us to collect from any third party sensitive information about You within the meaning of the Privacy Act 1988 (Cth), and for any third party to disclose personal information about You to us, for the above-mentioned purpose.

You consent to us sending You commercial electronic messages, including by email and messaging services such as SMS, and to us contacting You by telephone and fax, to provide information about Our products and services. You may request to be removed from Our contact lists at any time.

If You would like to access Your personal information or obtain a copy of Our Privacy Policy, please contact us on:

• Email: privacy@carnivalaustralia.com
• Post: PO Box 1429
  Chatswood NSW 2057

Alternatively, Our Privacy Policy can be found on Our website.

Security Cameras
For the safety and security of Our guests and crew, We use Closed Circuit Television (CCTV) to monitor and record public areas on board all Our ships. If necessary, this footage may be viewed by Our own personnel, advisors and external parties with a relevant interest. We are not responsible for any consequences arising from the viewing or other use of this footage.

31.  Dictionary

In these terms and conditions:

• "CCA" means the Competition and Consumer Act 2010 (Cth);
• "Consumer Guarantee" means right or guarantees a guest may have under the Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded or limited;
• "Consumer Law" means schedule 2 of the CCA and any equivalent Australian or New Zealand state or territory legislation;
• “Consequential Loss” means any loss or damage suffered by a guest or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity;
• "Excluded Recreational Liabilities" means liabilities described in section 139A(3) of the CCA which, without limitation, includes liability for death, physical or mental injury, or contraction or aggravation of any disease; 
• "Reckless Conduct" has the meaning set out in section 139A(5) of the CCA; and
• "Recreational Services" has the meaning set out in section 139A(2) of the CCA.

 

 

Revised 19.12.16