| (i) |
Athens Convention. You are advised that the provisions of the Convention relating to the Carriage of Passengers and Luggage by Sea 1974 as in force under English law (“the Athens Convention”) may be applicable. In most cases, this limits our liability for death or personal injury or loss of or damage to luggage (including a vehicle) and makes special provision for valuables. A copy of the Athens Convention is available on request. |
| (ii) |
The Athens Convention presumes that we have delivered your luggage undamaged unless you give us written notice. |
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| (a) |
in the case of apparent damage, before or at the time of disembarkation or re-delivery, or |
| (b) |
in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or re-delivery, or from the time when such re-delivery should have taken place. You are not, however, required to give us written notice where we have undertaken a joint inspection of your baggage with you. |
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| (iii) |
Valuables. We will not be liable for loss of or damage to cash, negotiable securities, gold, silverware, jewellery, ornaments, works of art or any other valuables unless you deposit them with us on board the ship specifically for the purposes of safe-keeping. |
| (iv) |
Apart from our agreement to refund any money paid by you in the circumstances as set out elsewhere in these Terms of Business, we will not be liable for any losses, damages or expenses arising from delay or for consequential losses howsoever arising. In no circumstances will we be liable to you for any loss, damage or expense of any nature which arises out of: |
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| (a) |
your fault or that of any person travelling with you, or |
| (b) |
the act or omission of any third party who has no connection with the provision of the services we have agreed to provide to you where such act or omission is unforeseeable or unavoidable by us, or |
| (c) |
any unusual or unforeseeable circumstances outside our control where the consequences could not have been avoidable even with the exercise of all due care by us. |
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| (v) |
From time to time sailing schedules may be interrupted or changed and crossing times extended due to adverse weather conditions or other operational circumstances beyond our control. We cannot accept liability for any costs or inconvenience caused by such delays. In these circumstances we will do our best to advise you of any delays. |
| (vi) |
We cannot accept liability for any costs or inconvenience caused by delays in your arrival at the port of departure. |
| (vii) |
The facilities available at each of the ports that we operate from vary. |
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