Legal

UK Terms & Conditions

 

THE FOLLOWING TERMS AND CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN CRYSTAL CRUISES AND YOU. PLEASE READ THEM CAREFULLY, AS WE ARE BOTH BOUND BY THEM. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITH OR WITHOUT NOTICE. THIS IS A CONTRACT.
2019/2020/2021 GENERAL U.K. BOOKING TERMS & CONDITIONS

Please read these Terms & Conditions carefully. They include important information you will need to know before you book a Crystal cruise and form the Terms & Conditions of your contract with The Company.  In addition, carriage by Crystal Cruises and or Crystal Yacht Cruises or Crystal River Cruises shall be subject to Crystal’s own Conditions of Carriage which are available on request or can be accessed on www.crystalcruises.co.uk/UKCOC

1. Your contract with us:

The Crystal Cruises Inclusive Fly-cruise and cruise only arrangements in this brochure are organised and offered for sale in the United Kingdom by Mundy Cruising plc. trading as The Cruise Portfolio of 50-51 Wells Street, London, W1T 3PP (“the Company”) upon the terms of these conditions and the information contained in this brochure. Although all of the information contained in this brochure has been described in accordance with the latest information available at the time of printing, the Company reserves the right to make changes, though any change will be notified to you before you conclude a contract with the Company. 

Carriage by Sea is performed by Crystal Cruises, LLC (Crystal Cruises or the Carrier) of 11755 Wilshire Boulevard, Suite 900, Los Angeles, California 90025, whose ships “Crystal Symphony” and “Crystal Serenity”  and “Crystal Esprit” are registered in the Bahamas “Crystal Mahler”, “Crystal Bach”, “Crystal Ravel”, “Crystal Mozart” and “Crystal Debussy” are registered in Malta  and includes the companies’ dba as Crystal Yacht Cruises and Crystal River Cruises. References in these booking conditions to Crystal Cruises are a reference to any one of these Crystal entities.

Your booking is subject to the laws of England and the English Courts shall have jurisdiction. You may however choose the law and jurisdiction of Scotland and Northern Ireland if you live there and wish to do so.

2.  Booking procedure and deposit:

In order to make a booking, please contact your ABTA Travel Agency or the Company. The lead passenger who makes the booking guarantees that he/she has the authority to accept and does accept these conditions and the brochure information on behalf of all persons named on the booking confirmation. All references to “you” or “your” shall be a reference to all persons who are part of the booking. 

You will be asked to pay at deposit at the time of booking.  Please refer to the Deposit, Final Payment and Cancellation Policies table below for details of the deposit payable. 

All monies you pay to the travel agent are held by them on behalf of the Trustees of the Air Travel Trust at all times. This is subject to the agent's obligation to pay it to us for so long as we do not fail. If we fail, any money held at the time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.  When you buy a cruise only holiday that does not include a flight, all monies you pay to the travel agent are held by him on our behalf at all times. The holiday arrangements shown in the brochure are flexible – if you wish to extend your stay pre- or post- cruise, upgrade your flights or make any other arrangements, please put full details in writing at the of time booking. If you do not do so, you will be required to pay the booking amendment fee when changes are made (see section 4).

 3.  Contract:

Your Contract is with the Company and your cruise is performed by Crystal Cruises, LLC whose Conditions of Carriage are expressly incorporated into these Booking Conditions and can be viewed at www.crystalcruises.co.uk. You can also obtain a copy from the Company. 

The lead passenger must be over the age of eighteen (18). The Contract with the Company is concluded when the Company issues a confirmation invoice. This will be sent to you by the Company or your ABTA Travel Agent. 

Full payment of the balance shown on the confirmation invoice is required on the due date specified on your invoice.  For further details please refer to the Deposit, Final Payment & Cancellation policies table below. If your booking is made after the final balance is due, then full payment must be sent at the time of booking and in accordance with the payment terms specified in Deposit, Final Payment & Cancellation policies table below. Failure to pay in full by this time may result in cancellation of your cruise and forfeit of your deposit.

Unwed, unrelated couples must be 18 or over to be booked in the same stateroom. Crystal Cruises is unable to accommodate children under six (6) months of age and reserves the right to restrict the number of those under 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 Crystal Cruises at least 30 days prior to sailing. 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.

4. Deposit, final payment, cancellation and amendment policies 

4.1 The following deposit, final payment and cancellation policies will apply to your booking:

 

2019: Deposit, Final Payment & Cancellation/Amendment policies

Crystal Cruises, Crystal River Cruises, Crystal Yacht Cruises & Crystal Expedition Cruises

Individual Voyages: 
Deposit: 20%
Final Payment Policy: 100 days prior cruise departure 
Cancellation Penalty Policy:  
o 10% Penalty:  Up to 101 days prior cruise departure 
o 20% Penalty: 100 – 46 days prior cruise departure
o 50% Penalty: 45-31 days prior cruise departure
o 100% Penalty: 30 days (or less) prior to cruise departure

 

Crystal Cruises Only: World Cruise Segments or Combos 

Voyages of 46 Days or Less Duration:  

Deposit: 20%
Final Payment Policy: 100 days prior cruise departure 
Cancellation Penalty Policy:  
o 10% Penalty:  Up to 101 days prior cruise departure 
o 20% Penalty: 100 – 61 days prior cruise departure
o 50% Penalty: 60-31 days prior cruise departure
o 100% Penalty: 30 days (or less) prior to cruise departure

 

Full World Cruise or Cruises of 47-Days or More Duration:  

Deposit: 20%
Final Payment Policy: 160 days prior cruise departure 
Cancellation Penalty Policy:  
o 10% Penalty:  161 days prior cruise departure 
o 20% Penalty: 160 - 91 days prior cruise departure
o 50% Penalty: 90 - 61 days prior cruise departure
o 100% Penalty: 60 days (or less) prior to cruise departure

2020/2021:  Deposit, Final Payment & Cancellation/Amendment policies

Crystal Cruises

Voyages of 13 Days or Less Duration: 

Deposit: 25%
Final Payment Policy: 130 days prior cruise departure 
Cancellation Penalty Policy:  
o 10% Penalty: Up to121 days prior cruise departure 
o 25% Penalty: 120 – 91 days prior cruise departure
o 50% Penalty: 90 - 61 days prior cruise departure
o 75% Penalty: 60 – 31 days prior cruise departure
o 100% Penalty: 30 days (or less) prior to cruise departure

Voyages of 14-21 Days or Less Duration: 

Deposit: 25%
Final Payment Policy: 160 days prior cruise departure 
Cancellation Penalty Policy:  
o 10% Penalty: Up to 151 days prior cruise departure 
o 25% Penalty: 150 – 121 days prior cruise departure
o 50% Penalty: 120 - 91 days prior cruise departure
o 75% Penalty: 90 – 61 days prior cruise departure
o 100% Penalty: 60 days (or less) prior to cruise departure

Voyages of 22 Days or More Duration:

Deposit: 25%
Final Payment Policy: 190 days prior cruise departure 
Cancellation Penalty Policy:  
o 10% Penalty: Up to 181 days prior cruise departure 
o 25% Penalty: 180 - 151 days prior cruise departure
o 50% Penalty: 150 - 121 days prior cruise departure
o 75% Penalty: 120 - 91 days prior cruise departure
o 100% Penalty: 90 days (or less) prior to cruise departure

Crystal River Cruises, Crystal Yacht Cruises & Crystal Expedition Cruises 

All Voyages:

Deposit: 25%
Final Payment Policy: 130 days prior cruise departure 
Cancellation Penalty Policy:  
o 10% Penalty: Up to 121 days prior cruise departure 
o 25% Penalty: 120 - 91 days prior cruise departure
o 50% Penalty:  90 - 61 days prior cruise departure
o 75% Penalty:  60 - 31 days prior cruise departure
o 100% Penalty: 30 days (or less) prior to cruise departure

 

 

4.2.   Booking cancellation:

Cancellation of bookings or category downgrade requests must be made in writing to the Company. The cancellation charges applicable are in accordance with the table at section 4.1.

4.3.  Alterations or cancellation by the Company:

Arrangements for the holidays are made many months in advance by the Company.

It is a term of your booking that we are able to make changes to any aspect of your booking.  If the change is insignificant, we will ensure that you are notified about it.  Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of hotel accommodation or cabin to another of the same or higher standard, changes of carriers.

We reserve the right to cancel your booking.  We will not cancel less than 90 days before your departure date, except for Unavoidable and Extraordinary Circumstance (see definition below), or failure by you to pay the final balance, or because the minimum number of Passengers specified as being required for a package to proceed is not reached. The minimum number required will be provided to you with the holiday description, along with the time limit for us to tell you if the package has to be cancelled. 

Occasionally for some reasons of Unavoidable and Extraordinary circumstances beyond the control of the Company it is necessary to make alterations to the arrangements. The Company reserves the right to alter or cancel itineraries, accommodation or other arrangements at any time.

‘Unavoidable and Extraordinary Circumstances’ means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. This will include circumstances, including but not limited to, weather conditions, high or low water level preventing river cruises from safely commencing or continuing the voyage, 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, riot, insurrection, government restraint, requisitioning of the vessel, political disturbance, interference by authorities, requisitioning of the Ship, acts or threats of terrorism, perils of the sea, 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.

In the event of a significant alteration prior to departure of an essential term of the Cruise, the Company will inform you of any cancellation or change of itinerary in writing as soon as reasonably possible and you will be offered a choice of:

i) accepting the alteration; or
ii) booking another Cruise of equivalent or superior quality, if available or booking another Cruise of a lower quality, if available, with a refund of the difference in price; or 
iii)cancelling and receiving a full refund of all monies paid.

You must notify the Company of your decision in writing within seven days of receiving the notification or alteration or such time as may be reasonably stipulated. The Company will not be liable with indirect or consequential losses. You will not be entitled to receive compensation where the significant alteration or cancellation is due to:

i)Unavoidable and Extraordinary Circumstances, the consequences of which could not have been avoided even if all reasonable measures had been taken; or

ii)where the minimum number of Passengers specified as being required for a package to proceed is not reached. 

In the event a refund is paid to you, we will pay compensation of £20 per person per night for the duration of the Cruise as booked except where the cancellation is due to Unavoidable and Extraordinary Circumstances (see definition above).

This does not exclude you from claiming more if you are entitled to do so. 

In respect of a significant alteration of the Cruise after departure, the Company will make suitable alternative arrangements at no extra cost to you for the continuation of the Cruise. If you do not accept these for good reason or it is impossible to make suitable alternative arrangements, the Company will where possible provide you back to the place of departure or to another place to which you have agreed with us. Compensation will not be payable if the alteration is minor or does not affect the value of the Cruise or if the Company is not able to provide a significant proportion of the package due to an event of Force Majeure or is not at fault. The Carrier cannot guarantee the Cruise will call at every Port on the itinerary or follow every part of the advertised route or schedule. Cancellation of part of the itinerary, substitution of ports or unavailability of some services on board the vessel will not amount to a significant alteration

4.4.  Amendments by you:

If, after your confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date, accommodation or change of cruise, we will do utmost to make these changes, but it may not always be possible. Should you wish to make any amendment to your booking, then you must notify us in writing. All amendments carry a £50 per person amendment fee, plus any additional charges we incur as a result of the changes. You should be aware that these costs may increase the closer to the departure date that changes are made, and you should contact us as soon as possible. For all amendments received, we will make every effort to assist you, although we cannot guarantee that that we will be able to meet every request. Certain changes such as name, ship, sail date, category of accommodation, or value of booking may not be changeable, and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Any non-refundable arrangements will be notified to you prior to booking. Any amendments received within 90 days before the sailing date may be treated as a cancellation, and the applicable cancellation charges will apply as per section 4.1.

You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing as soon as possible and no later than 7 days before departure.  Both you and the new traveller are responsible for paying all costs we incur in making the transfer. 

5.      Customer protection:

The Company complies with the bonding requirements of the Civil Aviation Authority. CAA Licence Number ATOL 2980. It is also a member of ABTA Tour Operators Class, Membership number V8548.

We provide full financial protection for our package holidays:

1. For flight based holidays, this is through the Air Travel Organiser's Licence number 2980, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, telephone 0333 103 6350, email: claims@caa.co.uk.. 
When you buy an ATOL protected flight or flight inclusive package from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.  We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren't able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

2. When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA – The Travel Association, 30 Park Street, London, SE1 9EQ, www.abta.co.uk

6. ABTA

We are a Member of ABTA, membership number V8548. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.

7.   Cruise only arrangements:

If you book arrangements with the Company that do not include flights, your arrangements are protected by way of a bond with ABTA- The Travel Association, 30 Park Street, London, SE1 9EQ, www.abta.co.uk. This means that in the unlikely event of our insolvency, your cruise can't be provided, you will receive your money back or, if your cruise has started, arrangements will be made for you to be able to continue as planned.

Please refer to section 5 for further details regarding the financial protection in place for your benefit. 

8. Fly/Cruise packages:

If you book fly/cruise arrangements with the Company, please refer to section 5 for details about the financial protection in place for your benefit.

For most voyages, we can advise the additional costs of return flights from a London airport, and sometimes from other airports, at the same time as we confirm your cruise fare. Flights are offered subject to availability, and are limited to specific airlines, airports and often to specific flights. Our flight programme is subject to supplements as applicable at time of booking. Supplements for flight upgrades may be available at time of booking.

In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by advising you of the carriers to be used or likely to be used at the time of booking.  Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change.

In certain circumstances we may require full payment for flights and ancillaries at time of booking, and the amount paid for the flight element or ancillaries of the arrangements at deposit stage may be non-refundable. You will be notified of any non-refundable elements of the arrangements booked prior to booking. This will include pre-cruise and post- cruise arrangements. Please enquire at time of booking.

9.   Prices:

Prices, discounts, supplements and special offers advertised in the brochure or elsewhere may be withdrawn or changed at any time.  Prices may go up or down.  You should contact your travel agent for up to date prices and charges before booking, or call us on 0207 399 7601, or visit our website www.crystalcruises.co.uk.

The Company’s prices are based on known costs and projections at the time of booking and it does not expect to have to make any changes. We can change your holiday price after you have booked but only in certain circumstances. The Company reserves the right to vary prices up or down at any time up to 20 days before departure to allow for variations in: a) transportation costs, including the cost of fuel and, b) increases in general tax rates (such as VAT) imposed by any country including dues, taxes or fees chargeable for services such as embarkation and disembarkation fees at ports or airports. Even in these cases, the Company will absorb an amount equivalent to 2% of the holiday price (excluding insurance premiums and amendment charges). (Any increase will be calculated by reference to the total cost of the variation to the Company divided by its best estimate of the number of Passengers likely to be affected, so as to arrive at a per capita increase). If this means paying more than 8% on the holiday price, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund the price difference if the alternative is of a lower value), or cancelling your holiday with a full refund of all monies paid except for any premium paid to the Company for holiday insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed in the invoice or such other time as may be specified. 

Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you.  We will deduct from this refund our administrative expenses incurred.  Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. 
The cruise fare for all sailings includes all normal shipboard services and facilities plus all non-alcoholic beverages, select wines and liquors, gratuities for house-keeping, dining and bar staff and port, security and handling charges. The cruise fare does not include fuel surcharges, other surcharges, airfare and transfers (unless otherwise noted), visa fees, laundry or valet service, or any item or service whatsoever of a personal nature, such as medical treatment, expenses incurred on board or ashore in connection with medical treatment, condition or medical disembarkation, massage, spa services or hairstyling.

Shore excursions and meals ashore are not included in the cruise fare for cruises on the Crystal Serenity or the Crystal Symphony.

On Crystal Yacht Expedition Cruises a selection of complimentary expeditions/experiences are included in the price. Passengers 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 Passengers are fully aware of any risks and safety procedures to follow. Passengers will not be asked to waive liability for any negligence of the supplier.

In relation to River Cruises, Passengers will be offered a choice of complimentary guided shore side adventures featuring cultural, soft and active options in every port.

All offers may not be combinable with other promotions, apply to first two Passengers in stateroom or Suite, are capacity-controlled, subject to availability and may be changed or withdrawn at any time. 

All charges for services and products provided on board the Ship must be settled in cash and traveller’s cheques to limits acceptable to Crystal Cruises or by credit card acceptable to Crystal Cruises and before the guest’s final disembarkation from the Ship. Any and all payments shall be made in the currency of the United States of America or other currency acceptable to the Carrier. Any other expenses incurred by you shall be payable to Crystal Cruises on demand and prior to leaving the Vessel.

10.  Passports, visas and embarkation:

All Passengers are required to be on board the Ship at least 90 minutes before departure time.

British Passengers should carry a full British Passport, valid for at least 6 months after the end of your holiday. Other nationalities should also carry a full passport. Visas may be required for some ports of call. Please check with your travel agent.  

It is your responsibility to ensure that you have valid and appropriate travel documentation including passports and visas for each person travelling with you 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 persons whose names appear on Government watch lists or who are deemed legally ineligible to travel. It is your sole responsibility to ensure your legal eligibility to travel. You are advised to check with the appropriate Government authority to determine the necessary documents and travel eligibility requirements. If you or anyone travelling with you become ineligible to travel for any reason, or are travelling without proper documentation, then you will not be allowed to board the ship. Under no circumstances shall the Company or Crystal Cruises be liable for any costs, damages or expenses whatsoever incurred by you or anyone else as a result of such denial of boarding.

Please refer to the Foreign and Commonwealth Office website for further information about the destinations you will visit during your cruise https://www.gov.uk/foreign-travel-advice

11.   Health requirements and Insurance:

You represent and warrant that you and everyone travelling with you are physically and otherwise fit to travel. The ship visits numerous ports in a number of countries. You are solely responsible for checking with your doctor as to which vaccination or medication are recommended or required for those countries for those travelling and for any assistance dogs.  
You can also review useful pre travel information at https://travelaware.campaign.gov.uk and https://travelhealthpro.org.uk 

The Company or Crystal Cruises cannot accept any responsibility for your failure to comply with the necessary medical, passport or visa requirements. Crystal Cruises and/or the relevant port authorities shall be entitled to administer a Public Health Questionnaire at any time. You and all persons travelling with you 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 Crystal Cruises may deny boarding to any person who has symptoms of any viral or bacterial illness including but not limited to Norovirus. Where illness is diagnosed on board the vessel you and all persons travelling with you agree that you/they may be required to remain in their staterooms for such duration as required by the ship’s doctor. Refusal to complete the relevant pre-boarding questionnaire may in itself result in denied boarding. Refusal to remain in the stateroom or otherwise reasonably co-operate or follow the Doctor’s or Captain’s instructions following illness may result in being disembarked at the next port of call. Neither the Company nor Crystal Cruises shall have any liability to you or any person travelling with you in the event of denied boarding or disembarkation. You must pay or reimburse Crystal Cruises for all resulting costs and expenses including for food, transportation, accommodation, medical and/or repatriation services, including, but not limited to such costs and expenses incurred by or on account of services provided by port agent and other shoreside service providers, including luggage shipping costs.

Some foods may cause an allergic reaction in certain people due to intolerance of some ingredients. If you or anyone travelling with you has any known allergies, or is intolerant to any food, you/he/she is required to report it at the time of booking and to the Maître d’hôtel as soon as convenient after boarding the ship. It is your/their responsibility to ensure that you/they actively avoid any food you/they are allergic to. The Carrier will take all reasonable care if made aware in writing of any specific food or ingredient that you/they have an allergic reaction to and will assist you within reason to avoid any such food or ingredients if made aware by you/them prior to ordering such food. The Carrier is not under any obligation to prepare or provide special meals for you or anyone travelling with you.

All Passengers must have adequate insurance cover against cancellation, illness, repatriation loss of luggage etc. You should advise the name of your own insurer so to indicate to the Company you have in fact taken out adequate insurance cover.

12.   Pregnancy:

If you or anyone travelling with you is pregnant you/they understand and acknowledge that prenatal and early infant care, in particular, may require specialised 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 Company or Crystal Cruises in respect of the inability to provide such services or equipment. Please note: there is no doctor on board Crystal River Cruises.

The Company and Crystal Cruises recommend that pregnant women should seek medical advice prior to travel at any stage of their pregnancy. The Carrier does not have adequate medical facilities for childbirth on board its ships. Crystal Cruises is unable, for reasons of safety, to carry pregnant Passengers who are 23 weeks or more at the start or by the end of the cruise. The Company will not therefore, accept bookings for women who are 23 weeks pregnant at any time during the cruise.

All pregnant women who are less than 23 weeks 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). Crystal Cruises cannot carry any pregnant woman who does not comply with this requirement and will refuse passage to any woman who appears to be in an advanced state of pregnancy. Neither the Company nor Crystal Cruises shall have any liability whatsoever in respect of any refusal to carry a pregnant woman.

13.  Medical facilities/ treatment on board and ashore:

Crystal Cruises and Crystal Yacht Expedition Cruises

The Passenger acknowledges that whilst there is a qualified doctor on board the Crystal cruise ships and the Crystal Yacht it is the Passenger’s 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 and international law. Neither the Company nor the ship’s doctor shall be liable to the Passenger 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 Company 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 Passenger. The Company makes no warranty as to the quality of any such medical services.

If Passengers 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. Passengers 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 Company if reasonable arrangements cannot be made on the date of embarkation to carry the Passenger safely. In those circumstances there will be 100% cancellation charges. If a Passenger 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 which is not the fault of the Company, then the Passenger must pay or reimburse the Company for all resulting costs and expenses.

In the event you or anyone travelling with you 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 you are landed. Medical facilities and treatment do vary from port to port. Any cost or expense which is reasonably incurred by Crystal Cruises for or on behalf of yourself or any person travelling with you in respect of any form of medical, dental or similar treatment, hotel, transportation, repatriation or any other expense shall be repayable by you/them to Crystal Cruises, whether or not such sum is covered by your/their travel insurance. The Company and Crystal Cruises reserve the right to take any action that they consider appropriate to recover any such costs or expense and You/they agree to fully indemnify and reimburse the Company or Crystal Cruises in respect of such costs and expenses.

If you require dialysis on board the vessel you must notify the Company at the time of booking and every effort will be made to see if this can be accommodated on board the ship. 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 assist in emergency situations. All dialysis equipment and medication must be provided by the Passenger. This includes antibiotics. A risk assessment shall be carried out at the time of booking by the Carrier to ensure that you/they can be carried in these circumstances safely and in accordance with applicable laws. Dialysis cannot be carried out on River cruises as there is no doctor on board and the ships are smaller with different amenities. See Section 16 for additional information.

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 staterooms. The ships medical centre cannot refill or supply oxygen cylinders liquid oxygen is strictly prohibited. You must notify the Company prior to booking of any medical or mobility equipment you wish to take on board the ship.

Crystal River Cruises

There is no legal requirement to have doctors or medical facilities (other than first aid) on board River Cruises. The River Cruise ships do not therefore have doctors on board. Should Passengers require medical attention then local medical services can be contacted for emergency treatment. The cost of such treatment is the Passenger’s sole responsibility.

14.  Children:

Crystal Cruises is unable to accommodate children less than six months (6 months) of age and may restrict the number of those who are less than three (3) years of age onboard the Ship. Any child under the age of 18 must be accompanied by an adult. If the adult accompanying the child is not a parent, a “Parental Consent Guardianship Form” must be signed by a parent or legal guardian prior to sailing. Parents can have two related children booked in the same stateroom, provided one of them is at least sixteen (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.

No one under the age of eighteen (18) shall be served alcohol onboard the Vessel. When docked or anchored in US Ports or within the three mile limit, alcoholic beverages will not be served to guests under the age of twenty-one (21).

Crystal Yacht Expedition Cruises is unable to accommodate children less than 6 months of age as Crystal Esprit’s medical facilities are not designed to provide services to infants.

Children under the age of 6 years are welcome aboard Crystal Esprit; however, there are no onboard programmes for children and supervised care is not available. Children under 6 years of age are not allowed on board the Zodiac crafts and will not be able to participate in any activities or excursions that involve the use of a Zodiac. It is important to note that the yacht remains at anchor in all ports of call for the British West Indies and British Virgin Island itineraries. Children under the age of 6 will not be permitted to go ashore. They may board the vessel in Marigot, St. Martin, but must remain on board, accompanied by an adult at all times, until disembarkation in Marigot, St. Martin.

Children occupying a double suite will be charged the adult rate regardless of age.

15.  Disabled passengers or passengers with Reduced Mobility:

For Passengers Travelling on Crystal Cruise Ships

The Company and Crystal Cruises priority is always the comfort and safety of its Passengers 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 Passengers with a Disability or Reduced Mobility must at the time of booking and before boarding to provide as much detail as possible of the matters given below to the Company/your ABTA Travel Agent/ Crystal Cruises so that the Carrier can consider its obligation to carry the Passenger 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 which may therefore have an impact on the Passenger’s safety and comfort.

See also sections 13, 16 and 17.

You are asked to provide full details if you or anyone travelling with you is unwell, infirm, Disabled or has Reduced Mobility prior to Carriage. You/they are also asked to provide full details: 

a)   If the Passenger requires an adapted stateroom. The cruise Ships have a limited number of such accessible staterooms available on a “first come first serve” basis.  There are no adapted staterooms on Yacht or River Cruise Ships.

b)   If the Passenger has any special seating requirements.

c)   If the Passenger has need to bring any electrical or other medical equipment on board.

d)   If the Passenger needs to bring a recognised assistance dog on board the vessel. Please note that assistance dogs may be subject to national certificate regulations and any air carrier regulations if you are booking a fly-cruise holiday.  An assistance dog must provide a physical service to the guest in order to qualify as an assistance dog.

Please ask for our Special Assistance form in order that we can assess your personal requirements. Where Crystal Cruises considers that it is strictly necessary it may require a Disabled Person or Person 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 person’s need on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary.

If you or anyone travelling with you 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 you/them and at your/their expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of specialised care for physical or psychiatric or other conditions.

Crystal Cruises may refuse to carry any person who has failed to adequately notify the Company/ Crystal Cruises of any Disabilities or needs for assistance in order for the Carrier to make an informed assessment that the person can be carried in a safe and operationally feasible manner on the grounds of safety.

If you or any person travelling with you become aware between the date of booking the cruise and the date of commencement of the cruise that you/they will require special care or assistance as detailed above then you/they are asked to inform the Company/Crystal Cruises and/or the Carrier immediately so that the Carrier can make an informed assessment whether or not you/they can be carried in a safe and operationally feasible manner. If after careful assessment of your or any person travelling with you their specific needs and requirements, the Company or Crystal Cruises conclude that you/they cannot be carried safely and in accordance with applicable safety requirements then the Company can refuse to accept a booking or Crystal Cruises can refuse embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety. In those circumstances you will be entitled to request that the Company or the Crystal Cruises provide the reasons to you in writing within 5 working days. See also Complaints in section 26 below.

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 Passenger in your booking confined to a wheelchair is asked to furnish their own standard size collapsible wheelchair and the Passenger must also be accompanied by a travelling Passenger 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 stateroom is limited to two pieces of medical and or mobility equipment to a combined total value of 2250 SDRs (approx. £2387.64,€2780.65,$3117.66). 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. Passengers 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 Passenger 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 cannot be carried on River, Yacht or Expedition cruises due to the limitations of the ship which make it impossible or operationally it is not feasible to carry the Passenger safely. The carriage of wheelchairs and mobility equipment will also be subject to any applicable air carrier regulations if you have booked a fly-cruise holiday.  

For reasons of health and safety and the structure of the ship, Passengers travelling on Crystal River, Crystal Yacht or Crystal Expedition Cruises 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 5 flights of stairs on board the Crystal Esprit. There is no wheelchair access or adapted staterooms. 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 regarding access. Please also read Sections 13 and 16 very carefully regarding relevant restrictions for Passengers with medical problems or those who are Disabled or have Reduced Mobility.

“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.

For Passengers travelling on Crystal Yacht, Expedition and River Cruises

Crystal Yacht, Expedition and River Cruises are dedicated to providing a safe and comfortable cruise experience for all Passengers and do 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 Passengers, taking into account, all relevant safety Regulations and the design and structure of the ship is the paramount consideration.

Passengers 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. Crystal Yacht, Expedition and River cruises are not suitable for Passengers who are full time wheelchair users or who need assistance. All Passengers must be able to negotiate 3 flights of stairs and embark and disembark the vessel via Zodiac or other water craft. See below.

Gangways and port access vary greatly around the world and, in ports where the ship must anchor; guests are taken ashore on tenders and/or ferries which may not be wheelchair accessible, as well as zodiacs, which are not wheelchair accessible. Further, all Passengers 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.

Crystal Yacht and Crystal Expedition Cruises reserve the right, without liability, to refuse to board or transport Passengers whose medical condition, limited mobility or disability is not compatible with security rules and requirements specific to the navigation area, or who, in Crystal Yacht and Crystal Expedition Cruises’ opinion is unfit for travel on the yachts. The Captain’s decision on these issues is final. Any Passenger who has concerns should contact mail to: reservations@cruiseportfolio.co.uk  or telephone 020 7399 7601 to discuss their mobility/ disability before booking their cruise. You may be asked to supply medical evidence regarding mobility prior to a booking being made.

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, Crystal Yacht Expedition Cruises may find it necessary to ask the guest to make alternative travel arrangements.

In respect of Crystal Yacht, Expedition 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.

16.  Medical Equipment:

It is your responsibility or that of any person travelling with you requiring to bring any medical equipment on board the ship to notify the Company at the time of booking in writing if you/they need to have medical equipment on board and providing details of what type of equipment this might be so that the Company can inform the Carrier in order that the Carrier can ensure that the medical equipment can be carried and/or carried safely.

It is important that you or any person travelling with you contact the manufacturer or supplier to ensure that any medical equipment you/they are intending to bring on board is safe to use. It is your/their responsibility to arrange delivery to the Ship prior to departure of all medical equipment. It is your/their 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. You/they must be able to operate all equipment.

Portable oxygen tanks and oxygen concentrators may subject to space and applicable regulations be used on board, provided that the Company is notified in writing at least 30 days prior to sailing and it has obtained the Carrier’s consent in writing in respect thereof. Liquid oxygen is not permitted on board.

Medical equipment to be brought on board River Cruises is limited. There are no doctors on board and the facilities are limited. See Sections 13 and 15.

17.  Pets and Assistance Dogs:

Pets and other animals are not allowed on board the Ships. The Carrier must agree at the time of booking or prior to embarkation, in writing, that you or anyone travelling with you can bring a recognised assistance dog on board the ship. Prior notification is required in order to determine whether the Carrier can accommodate the service dog. If you or anyone travelling with you has not provided this information the Carrier cannot guarantee that the assistance dog will be carried. There may be national certificate requirements. It is the Passenger’s responsibility to check the requirements at each port to include embarkation, disembarkation as well the various ports of call. The service dog must provide a physical service to the Passenger to qualify as an assistance dog. In respect of Crystal Yacht, Expedition or River Cruises please read sections 13 and 15. The cruises, 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 you provide as much information as possible. In addition, the carriage of assistance dogs will also be subject to any air carrier applicable regulations if you are booking a fly-cruise holiday.  

18.  Special diets and requests:

The Company will endeavour, but does not guarantee, to meet any special diet requirements or special requests which you may have. These should be advised in writing at the time of booking.

19.  Security

Weapons, ammunition, explosives, substances that are hazardous, disabling, or illegal, or any other article that in the opinion of the Master of the ship 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 from the Company. Any such items shall be surrendered to the Captain at embarkation, and may be disposed of in the sole discretion of the Captain.

You and everyone travelling with you hereby consents to a reasonable search being made of your/their person, Luggage or other property, and to the removal and confiscation or destruction of any object which may, in the opinion of the Captain impair the safety of the Ship, be illegal or inconvenience other Passengers on board.

The Carrier endeavours at all times to exercise reasonable care for comfort and safety on board its Ships of all Passengers. The Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime, or other potential sources of harm. The Carrier reminds all Passengers that they must ultimately assume responsibility for the activities while ashore and for their other travel choices.

20.   Hotel and flight reservation:

If you purchase a fly/cruise package The Company has made arrangements with airlines and hotels which provide services included in the holidays in this brochure. Where the hotel is specified you will be booked into this hotel or one of a similar standard. If you choose to travel by air on dates other than those published, a higher fare may apply, and you should be advised by the Company prior to booking. All flights and hotels will be agreed with you and confirmed at the time of booking and the deposit has been received and any non refundable travel arrangements will be notified to you prior to booking. No allocations are held. Passengers are booked onto the scheduled services of British Airways or other comparable carrier on the routes shown or other routes as agreed between the company and the customer. Full details will be given on the invoice. This information is for guidance only. Any deviations from the published package should be advised clearly in writing. World Traveller Plus, Business and First Class air travel can be arranged. Supplements are available on request.

21.  Our responsibility:

The Company accepts responsibility for ensuring that all elements of your holiday are as described in this brochure and are of a reasonable standard. 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. If you and/or any other person included in your booking suffers injury, death or loss of or damage to property as a result of the non-performance or improper performance of any service which the Company is contractually obliged to provide, then the Company’s liability, if any, to pay compensation shall be governed by the international conventions which govern such services. This limitation applies whether or not any particular international convention has been signed or ratified by the UK; or as any particular convention may be applicable by the operation of UK Law.

Liability for death and or personal injury and or loss of or damage to luggage in respect of international carriage by sea is governed by EU Regulation 392/2009 relating to the Liability of Carriers of Passengers by Sea in the Event of Accidents (“EU Regulation 392/2009”) which implemented  the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (“the Athens Convention 2002”) adopted in the UK on 23 April 2014.  

Domestic carriage by sea or where the vessel is a floating hotel in the UK is governed by The Merchant Shipping (Convention Relating to the Carriage of Passengers and their Luggage by Sea) Order 2014 (“2014 Order”) which can be found at https://www.legislation.gov.uk/ukdsi/2014/9780111109540/contents. From 30 December 2016 Domestic carriage by sea will be governed by EU Regulation 392/2009. River cruises are governed by the Merchant Shipping Act 1995.

Carriage by air is governed by the Warsaw Convention 1929 (whether as amended by the Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) and the Montreal Convention 1999 relating to the international carriage of Passengers and their luggage by air. The Montreal Convention may be found at: http://www.legislation.gov.uk/uksi/2002/263/contents/made . The Montreal Convention limits liability in case of death or injury to Passengers for damages arising under Paragraph 1 of Article 17 not exceeding 113,100 Special Drawing Rights (SDR’s) (equivalent to ££120,018.72, €139,773.89, $156,714.40) for each Passenger and limits liability in relation to delay of baggage in case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the Carrier for each Passenger is limited to 4,150 SDR’s (equivalent to £4,403.87, €5,128.75, $5,750.35). Please note that international conventions limit not only the amount the Company may be liable to pay but also the time within which proceedings against it may be brought. Where there may be no international convention which applies and in the case of loss or damage to personal possessions, luggage or valuables during carriage of any kind is limited to the same amount and in the same manner as that of the actual carrier of whatever kind.  No claim for death and or personal injury and or loss of or damage to luggage can be brought against the Company or any carrier otherwise than in accordance with these Conventions and or Regulations in respect of carriage by air and or by sea.

Under EU Regulation 261/2004 you have rights in some circumstances to a refund and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us. If your airline does not comply with these rules you should complain to the CAA’s Passenger Advice and Complaints Team (PACT) on 020 7453 6888 or visit www.caa.co.uk .

Please also see the important paragraph below headed “Conditions of Carriage”.

Where the Athens Convention 2002, EU Regulation 392/2009 or the 2014 Order or the Montreal Conventions do not apply then the Company shall be under no liability to you at all if the failure to perform or improper performance of any contractual obligation is caused by:

a)        your own fault or the fault of anybody else included in your booking
b)         the failure is attributed to a third party unconnected with the provision of any services contracted for and is unforeseen or unavoidable, or
c)          the failure is due to:

d)          any Unavoidable or Extraordinary Circumstances beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken; or

For cruises where the original port of embarkation is in the EU, in the event that the cruise is delayed in departure of one or more nights and you are not on board the ship and have travelled to the port of embarkation for the cruise then in accordance with EU 1177/2010 the Company shall offer Passengers adequate accommodation free of charge for a maximum of 3 nights and up to 80 Euros per night per person. The Company shall also provide where available suitable snacks, meals and refreshments. No payment shall be made unless authorised by The Company in writing. The Company have no obligation to provide such accommodation ashore where the delay is caused by weather conditions, endangering the safe operation of the Ship. The provisions relating to accommodation do not apply after the Cruise has commenced, where the Cruise is cancelled or whether there is a Significant Alteration prior to departure.
In accordance with the Package Travel and Linked Travel Arrangements Regulations 2018, if it is impossible to ensure your return as scheduled due to Unavoidable and Extraordinary Circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights,  The limit does not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you have notified us of these needs at least 48 hours before the start of your holiday.  

Please note: this entire section 21 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.  

22.      Conditions of Carriage and Limits of Liability:

Travel by air, road or air is governed by the carriers Conditions of Carriage which govern the relationship, responsibilities and liabilities as between you and anyone travelling with you and the carrier. The Conditions of Carriage are binding and you must read them carefully.

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 Crystal may have for any such losses or damage will be limited to a maximum of three times the cost of your travel arrangements.

International carriage of Passengers and their luggage by sea shall be governed by the Athens Convention 2002 mentioned in paragraph 21 and  EU Regulation 392/2009. The Athens Convention 2002  can 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    the Athens Convention 1974 may be viewed at: http://www.admiraltylawguide.com/conven/passengers1974.html 
EU Regulation 392/2009 can be found at:
http://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.

Any liability of the Company and 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 .

Where the cruise involves domestic carriage by sea or the ship is being used as a float hotel the aggregate liability of the Company and the Carrier for the death of or personal injury to a Passenger shall in no event exceed the monetary limitations of  46,666 SDR’s (approx. £49,520.72, €57,671.87, $64,661.66) as set forth in the Athens Convention  1974. From 30 December 2016 this will increase for domestic seagoing carriage to 400,000 SDR’s (approx. £424,469.39, €494,337.37, $554,250.76). The maximum liability for international sea going cruises is 400,000 SDR’s per Passenger per incident (approx. £424,469.39, €494,337.37, $554,250.76) or 250,000 SDR’s (approximately £265,293.37, €308,960.85, $346,406.72) 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 which is dealt with in Sections 10 and 11) pursuant to the Athens Conventions and EU Regulation 392/2009 is limited. Stateroom luggage is limited to 833 SDR’s under the Athens Convention 1974 and 2014 Order (approx. 883.96, €1,029.46, $1,154.23) and 2,250 SDR’s (approx. £2,387.64, €2,780.65, $3,117.66) 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 Passenger 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.

Neither the Company nor 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 Passengers 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 Passenger’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. £1,273.41, €1,483.01, $1,662.75) and SDR’s 3,375 (approx. £3,581.46, €4,170.97, $4,676.49) 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 Company and the Carrier to Passengers 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 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. £ 185,705.36, €216,272.60, $242,484.71). Liability for property claims will be at least 1,000,000 SDR’s (approx. £1,061,173.47,€1,235,843.41,$1,385,626.89) 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: which can be found at https://www.ivr-eu.com/wp-content/uploads/2017/03/Strasbourg-Convention-on-the-limitations-of-the-responsibility-on-the-inland-waterways-1988.pdf .  If the Strasbourg Convention applies the limits for Passenger claims are 60,000 SDR’s (approx. £63,670.41, €74,150.60, $83,137.61) per Passenger subject to a minimum of 6,000,000 SDR’s (approx. £ 6,367,040.80, €7,415,060.48, $8,313,761.35) (see Article 7).   The Company’s and the carrier’s liability for death, injury, illness, damage, delay or other loss to person or property of any kind suffered by Passengers 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 Company’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 us to apply a deductible, we may apply that deductible.

(The above reference approximate conversion rates are based on exchange rates as of 2 May 2019.  SDR’s are a monetary unit of the International Monetary Fund and current exchange rate can be found in major financial newspapers).

All settlements by the Company or 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 Company. The Carriers’ liability must also be proven before any settlement will be paid. You cannot make a double recovery by making a claim against the Company 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.

The Liability of the Company shall not at any time exceed that of any Carrier or Supplier. For the purposes of Regulation 261/2004 on compensation and assistance to Passengers in the event of denied boarding and of cancellation or long delay of flights the Company is not an operating air carrier and not liable to pay compensation under this Regulation.

These liability provisions apply to all Passengers 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.

23.  Independent Contractors Limit of Liability

The Company shall have no obligation or liability of any kind to you or anyone travelling with you 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 Company. Arrangements with independent contractors 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 your 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 Passengers, the Carrier provides an escort. The Carrier takes no responsibility for air or other transportation under any circumstances. Passengers must assume responsibility for their actions while ashore and for their participation in shore activities.

The Passengers shall have no right to any refund and the Carrier shall have no obligation or liability of any kind to the Passenger 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 Company or the Carrier. The independent contractors shall be entitled to charge for any products sold, services rendered or transportation provided to the Passenger either directly or, as a convenience to Passengers, 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 Company or the relevant Carrier.

Each Passenger 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 Passenger 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.

24.  Shore Excursions

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. 

Shore Excursions are available for purchase on board the vessel or prior to embarkation from Crystal Cruises who 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 be applicable. These may limit or exclude liability of the Supplier.

Where you purchase Shore Excursions and activities directly with a local Supplier then in such circumstances, the local Supplier is entirely independent of the Company or Crystal Cruises even where the Company or Crystal Cruises assist in booking such activities available as agent or otherwise. The Company or Crystal Cruises is not responsible for any acts or omissions that are wholly attributable to the fault of the local Supplier. Shore Excursions may not all be suitable for Disabled persons or Persons with Reduced Mobility.

In relation to Crystal Yacht and Crystal Expedition Cruises expeditions/ experiences will be included in the Yacht Expedition cruise price.  There are cultural, soft and extreme adventures depending on the port. Passengers 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 you are fully aware of any risks and safety procedures to follow. You will not be asked to waive liability for any negligence of the supplier causing injury.

In relation to Crystal Yacht and Crystal Expedition Cruises expeditions/experiences Passengers 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 Passengers are fully aware of any risks and safety procedures to follow. Passengers will not be asked to waive liability for any negligence of the supplier.

In relation to River Cruises, Passengers will be offered a choice of complimentary guided shore side adventures featuring cultural, soft and active options in every port.

25. Additional Assistance

If you’re in difficulty whilst on holiday and ask the Company or the Carrier to help, we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails.  You must pay any costs we incur, if the difficulty is your fault. 

26.      Complaints:

Any problem which may arise during your holiday must be raised immediately with the Purser on board or with the supplier of the service (e.g. airline, hotel etc) who will endeavour to resolve any issues.  If the problem is not resolved during your holiday, you must notify the Company in writing as soon as possible and no later than 35 days from the end of your holiday. All correspondence should be addressed to The Cruise Portfolio, 50-51 Wells Street, London, W1T 3PP. Please keep your letter concise and to the point.  
If you fail to follow the requirement to report your complaint immediately during your holiday we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under your booking. Please also refer to section 6 on ABTA. 
Complaints pursuant to EU Regulation 1177/2010 must be sent to the Company as soon as possible. The Company will investigate and provide its response within 28 days. If you are not happy with the Company’s final decision, then you can refer your complaint to the Cruise Line International Association which is the voluntary complaints body authorised by the Department of Transport to deal with complaints.  The email address of Cruise Line International Association for Passenger complaints under Regulation 1177/2010 is Passengerrights@cruising.org

27.  Data Protection Act 2018:

Please review our Privacy Notice which can be read in full on our website and provides a full explanation of how we collect, use and store your data in relation to your booking. 


 

 

 

 

2019 / 2020 / 2021 UK Terms & Conditions

Version 2 May 2019