Terms and Conditions of

EUOREAN BLUES CRUISE

In accordance with Articles L.211-7 and L.211-17 of the Tourism Code, the provisions of Articles R.211-3 to R.211-11 of the Tourism Code, the text of which is reproduced below, are not applicable for the operations of reservation or sale of tickets that are not part of a tourist package. The brochure, the quote, the proposal, the program of the organizer constitute the prior information referred to in Article R.211-5 of the Tourism Code. Therefore, unless otherwise indicated on the front of this document, the characteristics, special conditions and price of the trip as indicated in the brochure, the quote, the proposal of the organizer, will be contractual from the signature of the bulletin d ‘registration.

In the absence of a brochure, quote, program and proposal, this document constitutes, prior to its signature by the buyer, the prior information referred to in Article R.211-5 of the French Tourism Code. In the event of a transfer of contract, the transferor and / or the transferee must first pay the resulting costs. When these costs exceed the amounts displayed in the point of sale and those mentioned in the contract documents, the supporting documents will be provided.

VOYAGES BYBLOS limited has subscribed to the Hiscox company an insurance contract guaranteeing his professional civil liability.
RCP Insurance N ° RCPAPST / 197 012
HISCOX – 19, Rue Louis le Grand – 75002 Paris
Registration Atout France IM013100011
Financial Guarantee: APST – 15, Avenue Carnot 75017 Paris

Extract of the Tourism Code.

Article R.211-3:

Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and any sale of travel or holiday services shall be subject to the delivery of appropriate documents that comply with the rules defined in this section.

In the case of the sale of air transport tickets or of tickets on a regular line not accompanied by services related to such transport, the seller issues to the buyer one or more tickets for the entire journey, issued by the carrier or under his responsibility.

In the case of transportation on demand, the name and address of the carrier on whose behalf the tickets are issued must be mentioned.

The separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations that are made to him by the regulatory provisions of this section.

Article R.211-3-1:

The exchange of pre-contractual information or the provision of contractual terms and conditions is made in writing. They can be done electronically under the conditions of validity and exercise provided for in articles 1369-1 to 1369-11 of the civil code. The name or business name and address of the seller and the indication of its registration in the register provided for in Article L. 141-3 or, where appropriate, the name, address and indication of the registration of the federation or union referred to in the second paragraph of Article R. 211-2.

Article R.211-4:

Prior to the conclusion of the contract, the seller must communicate to the consumer information on prices, dates and other elements of the services provided during the trip or stay such as:

1 ° the destination, means, characteristics and categories of transport used;
2 ° The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country;
3 ° The proposed catering services;
4 ° The description of the itinerary when it is a circuit;
5 ° The administrative and health formalities to be performed by nationals or nationals of another Member State of the European Union or of a State Party to the Agreement on the European Economic Area in the event, in particular, of crossing borders and their completion times;
6 ° Visits, excursions and other services included in the package or possibly available at an extra charge;
7 ° The minimum or maximum size of the group allowing the realization of the trip or the stay as well as, if the realization of the journey or the stay is subordinated to a minimum number of participants, the deadline of information of the consumer in the event of cancellation travel or stay; this date can not be fixed less than twenty-one days before departure;
8 ° The amount or percentage of the price to be paid as an advance payment at the conclusion of the contract and the payment schedule of the balance;
9 ° The price revision procedures as provided for in the contract pursuant to Article R. 211-8;
10 ° Conditions of cancellation of a contractual nature;
11 ° The cancellation conditions defined in articles R. 211-9,

R. 211-10 and R. 211-11;

12 ° The information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain particular risks, in particular repatriation costs in the event of an accident or disease ;
13 ° When the contract includes air transport services, the information, for each section of flight, provided for in Articles R. 211-15 to R. 211-18.

he prior information given to the consumer commits the seller, unless the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate to what extent this modification can occur and on which elements.

In any case, changes made to the prior information must be communicated to the consumer before the conclusion of the contract.

Article R.211-6:

The contract between the seller and the buyer must be in writing, in two copies, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, Articles 1369-1 to 1369-11 of the Civil Code apply. The contract must include the following clauses:

1 ° The name and address of the seller, its guarantor and insurer and the name and address of the organizer;
2 ° The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates;
3 ° The means, characteristics and categories of transport used, dates and places of departure and return;
4 ° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification according to the regulations or customs of the host country;
5 ° The proposed catering services;
6 ° The itinerary when it is a circuit;
7 ° Visits, excursions or other services included in the total price of the trip or stay;
8 ° the total price of the invoiced services as well as the indication of any possible revision of this invoicing under the provisions of the article R. 211-8;
9 ° The indication, if applicable, of the fees or taxes relating to certain services such as landing, landing or embarkation fees at ports and airports, tourist taxes when they are not included in the price of the services provided;
10 ° The calendar and the terms of payment of the prize; the last payment made by the buyer can not be less than 30% of the price of the trip or stay and must be made when handing the documents to make the trip or stay;
11 ° The special conditions requested by the buyer and accepted by the seller;
12 ° The terms according to which the buyer can seize the seller of a claim for non-performance or bad performance of the contract, claim which must be sent as soon as possible, by any means to obtain an acknowledgment of receipt to the seller, and, where appropriate, in writing, to the travel organizer and the service provider concerned;
13 ° The deadline for information of the buyer in case of cancellation of the trip or stay by the seller in the case where the realization of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7 Article R. 211-4;
14 ° Conditions of cancellation of a contractual nature;
15 ° The cancellation conditions provided for in articles R. 211-9,
R. 211-10 and R. 211-11;
16 ° The details of the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the seller’s professional liability;
17 ° Information concerning the insurance contract covering the consequences of certain cases of cancellation subscribed by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain particular risks, in particular repatriation costs in case of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded;
18 ° The deadline for information of the seller in case of assignment of the contract by the buyer;
19 ° The commitment to provide the buyer, at least ten days before the scheduled date of his departure, the following information:

(a) The name, address and telephone number of the seller’s local representative or, failing that, the names, addresses and telephone numbers of the local bodies likely to assist the consumer in the event of difficulty or, failing that, the phone number for urgent contact with the seller;
b) For trips and stays of minors abroad, a telephone number and an address allowing to establish a direct contact with the child or the person in charge of his stay;
20 ° the clause of cancellation and refund without penalties of the sums paid by the purchaser in case of non-respect of the obligation of information envisaged with the 13 ° of the article R. 211-4;
21 ° The commitment to provide the buyer, in good time before the start of the journey or stay, the hours of departure and arrival.

Article R.211-7:

The buyer may assign his contract to an assignee who fulfills the same conditions as him to make the journey or stay, as long as the contract has not produced any effect.

Unless it is more favorable to the seller, he must inform the seller of his decision by any means to obtain an acknowledgment of receipt no later than seven days before the start of the trip. When it comes to a cruise, this period is extended to fifteen days. This transfer is under no circumstances subject to prior authorization by the seller.

Article R.211-8:

Where the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise methods for calculating, both upwards and downwards, variations in prices, and in particular the amount of the transport costs and taxes related thereto, the currency or currencies that may affect the price of the trip or stay, the share of the price to which the change applies, the price of the currency or currencies retained as reference when establishing the price appearing in the contract.

Article R.211-9:

Where, before the departure of the buyer, the seller is obliged to make a modification to one of the essential elements of the contract such as a significant increase in the price and when he disregards the obligation of information mentioned in 13 ° of Article R. 211-4, the buyer may, without prejudice to the remedies for damages for possible damage, and after being informed by the seller by any means to obtain an acknowledgment of receipt:

- or cancel his contract and obtain without penalty the immediate refund of the sums paid;

-or accept the modification or substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any decrease in price is deducted from any sums still owed by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure.

Article R.211-10:

In the case provided for in article L. 211-14, when, before the departure of the buyer, the seller cancels the trip or the stay, he must inform the buyer by any means allowing to obtain an accused of reception; the buyer, without prejudging recourse for compensation for any damage suffered, obtains from the seller the immediate refund of the sums paid without penalty; the buyer receives, in this case, an indemnity at least equal to the penalty he would have incurred if the cancellation had taken place at that date.

The provisions of this article do not in any way preclude the conclusion of an amicable agreement for the purpose of acceptance by the buyer of a substitute trip or stay proposed by the seller.

Article R.211-11:

When, after the departure of the buyer, the seller is unable to provide a preponderant share of the services provided for in the contract representing a significant percentage of the price honored by the buyer, the seller must immediately make the following provisions without prejudge remedies for damages for any damage suffered:

- offer services in lieu of scheduled services, possibly supporting any additional price and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the difference in price;

-if, if he cannot offer any replacement services or if they are refused by the buyer for valid reasons, provide the buyer, at no extra cost, with tickets to ensure his return to conditions which may be deemed equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article are applicable in case of non-compliance with the obligation provided for in paragraph 13 of Article R. 211-4.

These are the Terms and Conditions, which apply to your cruise. Please read them carefully as you will be bound by them.

The cruise featured in the announcement and/or in the Official Website is offered for sale by VOYAGES BYBLOS Limited hereinafter referred as the “Company”.
In the Conditions (as defined below) the following expressions shall have the meanings defined hereunder:

  • “Booking” means the steps taken by the passenger to enter into a Contract with the Company.
  • “Booking Terms & Conditions” means the terms and conditions and the information contained in the relevant Company brochure, the Official Website and/or other information which will form the express terms of your contract with the Company.
  • Company” means VOYAGES BYBLOS Limited whose registered address is 101, Saint street, 13007, Marseille which organizes Cruises and/or packages and sells or offers them for sale, whether directly or through a Sales Agent.
  • “Carrier” means the entity who has undertaken the obligation to carry or performs the carriage of the Passenger from one place to the other as indicated in the cruise ticket, airline ticket or other ticket issued for the transport by road and is thereby indicated on such documents as “carrier”. Carrier includes the owner and/or the charterer and/or operator and/or their servants.
  • “Conditions of Carriage” means the terms and conditions under which the Carrier provides transport either by air, road or sea. The Conditions of Carriage may refer to the provisions of the law of the country of the Carrier and/or International conventions which may limit or exclude the liability of the Carrier. Copies of the Conditions of Carriage of any Carrier are available to the Passengers upon request.
  • “Contract” means the contract concluded between the Company and the Passenger relating to the relevant Cruise or Package which is evidenced by the issue of the confirmation invoice sent by the Company to the passenger.
  • “Cruise” means the cruise as described in the relevant Company brochure, the Official Website or other documentation produced for or on behalf of the Company.
  • “Disabled Person” or ‘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 or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all passengers.
  • “Force Majeure” means any unforeseeable and unpredictable event out of the Company’s control including Acts of God (such as, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, riots, civil disturbances, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service and/or any unforeseen technical problems with transport including changes due to rescheduling or cancellation or alteration of flights, closed or congested airports or ports .
  • “Official Website” means the set of related web pages, documents and hypertext links served from the web domain http://europeanbluescruise.com/
  • “Package” means the cruise, and flight(s) and or any pre-cruise and/or post-cruise arrangement for accommodation. It does not include shore excursions or shuttle services which do not form part of the inclusive Package price.
  • “Passenger” means each and every person named either on the Booking confirmation or on the invoice or on a ticket issued by the Company.
  • “Shore Excursion” means any excursion, trip or activity ashore that is not included as part of the all-inclusive price of the Cruise and is offered for sale by the Company on-board its vessels.

 

Booking procedure and deposit
In order to proceed with a Booking, the Passenger must contact the Company..
By Booking for a Cruise or Package, the person making the booking confirms, agrees and accepts that all persons named in the Booking request and on the invoice have agreed to be bound by the Booking Conditions and that he/she has authority to accept these Booking Conditions on behalf of all the persons named on the Booking request and invoice.
At the time of booking a non-refundable deposit of 250 Euros per person for cruise is due and payable by the Passenger at the time of booking.
A Booking will be completed and the Contract will be effective only when the Company accepts the booking by sending a confirmation invoice to the Passenger.
The Company has the right or the option to attribute a different cabin than the agreed one before the boarding, if it is of the same of higher category.
In the case of “Guaranteed cabin” the passenger may be asked to change the cabin during the cruise. He will be allocated another cabin of the same or of higher category; the situation of the cabin can be different. For triple or quad “guaranteed cabins”, given the limited number of cabins of this type, the Passenger may be allocated two cabins.

Contract

Every contract is subject to availability at the time of Booking. No Contract shall be made until the deposit or the full amount (according to the present Booking Terms & Conditions) is paid and the confirmation invoice provided to the Passenger.

Full payment is required no later than the day the Passenger receives the documents requiring his confirmation of booking and his bill for departure.

If the Booking application is made within 30 days prior to departure, then full payment must be sent at the time of Booking.

If any Passenger fails to pay the balance 30 days prior to departure, the Company has the right to cancel the Booking without notice and levy cancellation charges in accordance with paragraph 13 below, whether the Holiday Package is resold or not.

The packages of drinks and spa, the excursions and parking can be booked and modified online on our website till 8 days before the departure of the cruise ship. The price of parking must be paid aboard.

Regarding the booking of parking; the Passenger can book aboard on the day of the departure.

Regarding the booking of drinks, spa and excursions: The Passenger can book the book aboard on the day of the departure. However, the prices may be different. The prices are available at our service of Information and Reservation at 04 91 54 00 53.

Prices and price guarantee

No change to the Contract price will be made within the 20-day period before departure or once full payment has been received by the Company.

The Company reserves the right to modify the Contract price at all times prior to those detailed in clause above to allow variations for:

a) Air transportation costs
b) Fuel costs for the propulsion of the vessel
c) Dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports or airports

Variations may be upwards or downwards. For paragraph a) any variation of the Package price will be equal to the extra amount charged by the airline. For paragraph b) any variation of the package price will be equal to 0.33% of the price of the cruise for every dollar of increase of the fuel per barrel (NYMEX Index). For paragraph c) any variation of the Package price will be equal to the full amount of the fees.

If the increase amounts to more than 10% on the total Contract price, the Passenger will be entitled to cancel the Contract with a full refund of the Contract price. Such refund does not include insurance premiums paid which are in no case refundable.

To exercise the right to cancel the Passenger must notify the company in writing within 15 days of receiving the price increase notification.

Insurance

The Company recommends that every Passenger should have adequate insurance policy which covers them sufficiently for Holiday Package cancelation, medical assistance and expenses, loss and/or damage of the luggage, from the time the Contract has been confirmed as Booked to the end of the Holiday Package. Please be informed that the insurance is not refunded in any case.

Passport and Visas

Passengers must hold fully valid passports for the whole duration of the cruise and the expiry date must be at least 6 months after the return date.
The company is not responsible if the visas are rejected. It is the Passenger’s personal responsibility to verify his passport

Fitness To Travel

The safety of all Passengers is of paramount importance to the Company, hence all Passengers warrant that they are fit to travel by sea (and if applicable by air) and that their conduct or condition will not impair the safety or convenience of the vessel or aircraft and the other passengers, and that they can be carried safely in accordance with applicable safety requirements established by International EU or national law.
The Company has the right to require the Passenger to produce medical certificates supporting the fitness to travel.

Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must submit a doctor’s certificate prior to booking.

If it appears to the Carrier, the Master or the ship’s Doctor that a Passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to land at any port or likely to render the Carrier liable for maintenance, support or repatriation, then the Master shall have the right to refuse to embark the Passenger at any port or disembark the Passenger at any port or transfer the Passenger to another berth or cabin. The Doctor on-board shall have the right to administer first aid and any drug, therapy or other medical treatment and/or to admit and/or confine the Passenger to the ship’s hospital or other similar facility, if such measure is considered necessary by the Doctor and is supported by the Master’s authority. Refusal by the Passenger to cooperate with regard to such treatment may result in the Passenger being disembarked at any port, if necessary through the intervention of local police officers or other competent authorities, and neither the Company nor the Carrier shall be liable for any loss, expense or compensation to the Passenger.

Where a Passenger is assessed as unfit to travel and refused embarkation then neither the Company nor the Carrier has any liability to the Passenger.

Pregnancy

Pregnant women are requested to seek medical advice before travelling; at any stage of their pregnancy they must obtain a medical certificate from a doctor confirming their fitness to travel on board the vessel taking into account the specific itinerary. The Company and/or the Carrier does not have on board any of the cruise vessels adequate medical facilities for childbirth. The Company cannot accept a booking or carry any Passenger who will be 24 weeks pregnant or more by the end of the Cruise.

The Company expressly reserves the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy and shall have no liability in respect of such refusal.

In the case of a booking made by a Passenger who was not aware at the time of booking and could not have reasonably known at the time of booking that she was pregnant over the terms provided by the above clause then, the Company will offer the Passenger the choice of booking another Cruise from the brochure and/or from the Official Website of equivalent quality compliant with the above mentioned terms, if available; or cancelling and receiving a full refund of the full price paid by that Passenger for any cancellation of booking as long as such cancellation is notified immediately as soon as such a Passenger becomes aware of her condition.

Disabled Persons and Persons With Reduced Mobility

The Company’s priority is always the comfort and safety of its Passengers and in order to achieve this the Passenger is asked at the time of booking to provide as much detail as possible of the matters given below so that the Company can consider its obligation to carry the Passenger in a safe or operationally feasible manner, taking into account any issues relating to the design of the passenger ship or port infrastructure and equipment including port terminals which may make it impossible to carry out the embarkation, disembarkation or carriage of the Passenger which may have an impact on the Passengers safety and comfort.

The Passenger is asked to provide full details at the time of booking if the Passenger is unwell, infirm, Disabled or has Reduced Mobility. The Passenger is asked to provide full details at the time of booking:

  • If the Passenger requires a special Disabled cabin, since there is a limited number of these available and since the Company would like to, wherever possible, accommodate the Passenger so that the Passenger is comfortable and safe for the duration of the cruise.
  • If the Passenger has any special seating requirements.
  • If the Passenger needs to bring any medical equipment on board.
  • If the Passenger needs to bring a recognised assistance dog on board the vessel. Please note that assistance dogs are subject to national regulations.

Where the Company considers strictly necessary for the safety and comfort of the Passenger and in order for the Passenger to fully enjoy the cruise, it may require a Disabled Person or Persons with Reduced Mobility to be accompanied by another person who is capable of providing the assistance required by the Disabled Person or Person with Reduced Mobility. This requirement will be based entirely on the Company assessing the need of the Passenger on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary. Passengers confined to a wheelchair are asked to kindly furnish their own standard size collapsible wheelchair and must also be accompanied by a travelling Passenger fit and able to assist them.

If the Passenger has any particular conditions, Disability or Reduced Mobility which require personal care or supervision then such personal care or supervision must be organized by the Passenger and at the Passenger’s expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.

If after careful assessing the Passenger’s specific needs and requirements, the Company concludes that the Passenger cannot be carried safely and in accordance with applicable safety requirements then the Company can refuse to accept a booking or embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety.

The Company reserves the right to refuse to carry any Passenger who has failed to adequately notify the Company of any Disabilities or needs for assistance in order for the Company to make an informed assessment that the Passenger can be carried in a safe or operationally feasible manner on the grounds of safety. If the Passenger does not agree with a decision of the Company under clauses specified in these Terms and Conditions then the Passenger must provide a complaint in writing with all supporting evidence to the Company and the matter will be considered by a Senior Manager.

The Company reserves the right to refuse to carry any Passenger who in the opinion of the Company and/or the Carrier is unfit for travel or whose condition may constitute a danger to themselves or others on the Cruise on the grounds of safety.

For the safety and comfort of the Passenger, if the Passenger becomes aware between the date of booking the Package and the date of commencement of the Package that he/she will require special care or assistance as detailed above the Passenger is asked to inform the Company immediately so that the Company can make an informed assessment whether or not the Passenger can be carried in a safe or operationally feasible manner.

Infirm Passengers or Passengers with wheelchairs or reduced mobility may not be able to go ashore at ports where vessels do not berth alongside. A list of these ports is available upon written request.

Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must submit a doctor’s certificate prior to booking.

If it appears to the Carrier, the Master or the ship’s Doctor that a Passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to land at any port or likely to render the Carrier liable for maintenance, support or repatriation, then the Master shall have the right to refuse to embark the Passenger at any port or disembark the Passenger at any port or transfer the Passenger to another berth or cabin. The Doctor on-board shall have the right to administer first aid and any drug, therapy or other medical treatment and/or to admit and/or confine the Passenger to the ship’s hospital or other similar facility, if such measure is considered necessary by the Doctor and is supported by the Master’s authority. Refusal by the Passenger to cooperate with regard to such treatment may result in the Passenger being disembarked at any port, if necessary through the intervention of local police officers or other competent authorities, and neither the Company nor the Carrier shall be liable for any loss, expense or compensation to the Passenger.

Where a Passenger is assessed as unfit to travel and refused embarkation then neither the Company nor the Carrier has any liability to the Passenger.

Public Health Questionnaire

The Company and/or the Carrier and/or the health authorities in any port shall be entitled to administer a public health questionnaire on their own behalf. The Passenger shall supply accurate information regarding symptoms of any illness including but not limited to gastrointestinal illness and H1N1. The Carrier may deny boarding to any Passenger that it considers in its sole discretion to have symptoms of any illness including viral or bacterial illness including but not limited to Norovirus and H1N1. Refusal by a Passenger to complete the questionnaire may result in denied boarding.

Where Passengers become ill on board the cruise with viral or bacterial illness the ship’s doctor may request them to remain in their cabin for reasons of safety.

Passengers must follow the instructions of the Carrier and refusal to do so may result in disembarkation without any liability for damages or a refund on the Company or the Carrier.

Medical Assistance

Passengers are strongly recommended to have comprehensive travel health insurance covering medical treatment and repatriation costs and expenses.

In compliance with Flag State requirements, there is a qualified Doctor on-board and a medical centre equipped for first aid and minor conditions only. The Passenger hereby acknowledges and accepts at the time of Booking that the medical centre is not equipped as a land based hospital and the Doctor is not a specialist. Neither the Company, nor the Carrier, nor the Doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.

The Passenger acknowledges that whilst there is a qualified Doctor on-board the vessel, it is the Passenger’s obligation and responsibility to seek medical assistance if necessary during the cruise and will be responsible to pay for on-board medical services.

In the event of illness or accident, Passengers may have to be landed ashore by the Company, the Carrier and/or the Master for medical treatment. Neither the Carrier nor the Company make any representation or accept any responsibility regarding the quality of the available medical facilities or treatments at any port of call or at the place at which the Passenger is landed. Medical facilities and standards vary from port to port. Neither the Company nor the Carrier makes any representations or warranties in relation to the standard of medical treatment ashore.

The Doctor’s professional opinion as to the fitness of the Passenger to board the vessel or to continue the cruise is final and binding on the Passenger.

It is recommended that medical advice is sought before booking for children up to 12 months of age. For the avoidance of doubt the provisions and the requirement of fitness to travel are applicable to all passengers including infants.

Medical Equipment

It is important that Passengers contact the manufacturer or supplier to ensure that any medical equipment they are intending to bring on board is safe to use. It is the responsibility of the Passengers to arrange delivery to the docks prior to departure of all medical equipment and to notify the Company prior to booking if they need to have medical equipment on board so that the Company can ensure that the medical equipment can be carried safely.

It is the Passengers 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. Passengers must be able to operate all equipment.

If there are any particular medical conditions which require supervision then such supervision must be organised by the Passenger and at the Passenger’s expense.  The vessel does not provide one-to-one or other cares for physical or psychiatric or other conditions. The vessels do not offer respite services.

Booking Changes Requested By The Passenger

The Passenger is entitled to request a transfer of his booking to a third party provided that:
(i) the third party satisfies all the conditions for the use of the service; and
(ii) a written request is sent to the Company no later than 15 working days before departure of the Cruise.

If all the aforementioned conditions are fulfilled, the modification of the name will be subject to administrative fees per person and per modification. The fee is 50 Euros for each modification made till the 7th day before the departure. Starting from the 6th day, any modification will be treated annulations.

The Passenger and the third party contract assignee shall be jointly liable to the Company to pay the price of the Cruise/Package and any additional cost that may arise as a consequence of the change in passenger. The third party shall be bound by these terms and conditions including any cancellation charges that may arise after transfer of the booking.

After the confirmation invoice has been issued, the lead Passenger is able to request an exchange, subject to availability, of the purchased Cruise/Package (“Original Cruise/Package”) with another cruise of the same annual program (“New Cruise/Package”) on the following conditions:

(i) the date of departure of the New Package must be after the Initial Package;
(ii) the exchange request for the New Package must be received by the Company no later than 30 days before the scheduled departure date of the Initial Package, provided that seats are available on the New Package;
(iii) the itinerary of the New Package is in the same geographic area as the Initial Package, as defined by “Destination” in the corresponding advertisement (or on the corresponding website) and;

(iv) the date of departure of the New Package must occur within one year after the date of departure of the Initial Package.

- 50€* for suite cabins
- 0€* for other cabins

Should the changes requested by the passenger result in the issue of new cruise tickets, in addition to the fees mentioned above, a surcharge of € 25 per cabin will be applied to cover the additional costs.

Cancellation By The Passenger

Cancellation of booking must be requested in writing (registered letter, email or fax) to the Company. All tickets issued and the confirmation invoice must be returned together with the notice of cancellation.

To cover the estimated loss incurred by cancellation, the Company will levy cancellation charges in accordance with the following scale:

From summer 18 – Winter 18/19

Cruises <15 Nights 

• More than 121 days before departure – 250 Euros
• 120 to 91 days before departure – 40%*
• 90 to 61 days before departure – 50%*
• 60 to 30 days before departure – 75%*
• 29 to the day of the departure – 100%*

Promotions

During the year, the Company can launch promotions which do not appear in the announcements. For all the information, the passengers shall check the official website http://europeanbluescruise.com.

The promotions are subject to general Terms and Conditions.

Booking Changes Effected By The Company

Arrangements for the Cruise are made many months in advance by the Company. Very occasionally it may be necessary to alter them; therefore the Company expressly reserves the right to change the arrangements for the Cruise or the Holiday Package, should such changes become necessary or advisable for operational, commercial or safety reasons.

Most changes are minor but occasionally. If The Company has to make a significant change. The following are examples of significant changes when made before you go on the If there is time to do so before departure, we will offer you the choice of one of the following:

a) accepting the alteration; or
b) booking another Cruise from the brochure and/or from the Official Website of equivalent or superior quality, if available; or
c) booking another Cruise from the brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price; or
d) cancelling and receiving a full refund of all monies paid.

Passengers must notify the Company of their decision in writing within 15 days of receiving the notification of alteration or the period indicated

If the Company has to make a significant change or cancel before departure, The Company will where compensation is appropriate, pay compensation payments set out in clause 15.3 depending on the circumstances and when the significant change or cancellation is notified to the Passenger, subject to the following exceptions listed below compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where The Company is forced to make a change or cancel as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which The Company could not have avoided with all due care .

No compensation is payable for minor changes and The Company cannot accept liability for expenses that may be incurred if Passengers have to change or cancel any arrangements they might have made before the minor change was advised notified to them before departure.

Cancellation By The Company

The Company reserves the right to cancel any Cruise at any time by giving written notice to the Passenger.

If the cancellation is by virtue of a Force Majeure and/or due to any unusual or unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided by the Company even though it has exercised all due care, the Company will offer the Passenger the choice of:

a) receiving a full refund of all money paid; or
b) booking another Cruise from the brochure and/or from the Official Website of equivalent or superior quality at no extra cost, if available; or
c) booking another Cruise from the brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price.

If the cancellation is due to reasons other than those indicated above, the Company will offer the Passenger the same choices as detailed above.

The Passenger’s decision must be notified to the Company in writing or within 15 days of the notice of cancellation.

The Company’s Liability

The Company accepts responsibility for death, injury or illness caused by the negligent acts and or omissions of it and anyone who supplies services, which form part of the Package.

The Company limits its liability, where applicable, by the conventions mentioned in ‘Booking Changes Requested By The Passenger’. The liability of the Company toward the Passenger is governed also by the International Conventions mentioned here under which provide limitations of liability of the Carrier. The Company is not responsible for any improper or non-performance which is:

a) Wholly attributable to the fault of the Passenger;
b) The unforeseeable or unavoidable act or omission of a third party unconnected with the supply of any service to be provided under the Contract;
c) An unusual or unforeseeable circumstance beyond the control of the Company and/or anyone who supplies services which form part of the Package the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of force majeure; or
d) An event which the Company and/or anyone who supplies services which form part of the Cruise could not even with all due care have foreseen or forestalled.

For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in ‘Booking Changes Requested by the Passenger’ inclusive, the Company’s liability for improper performance of the Contract shall be limited to a maximum of twice the price which the affected Passenger paid for the Cruise (not including premiums and amendment charges).

All carriage (by land, air and sea) is subject to the Conditions of Carriage of the actual Carrier. These may limit or exclude liability. They are expressly incorporated into the Contract and are deemed to be expressly accepted by the Passenger at the time of booking. Copies of these terms and conditions are available on request from the Company.

Carriage of passengers and their luggage by air is governed by various International conventions (“the International Air Conventions”), including the Warsaw Convention 1929 (as amended by The Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) or the Montreal Convention 1999. To the extent that the Company may be liable as a non-performing air carrier to Passengers in respect of carriage by air, the terms of the International Air Conventions (including any subsequent amendments and any new convention which may be applicable to a Contract for a Cruise between the Company and a Passenger) are expressly incorporated into these Conditions. The International Air Conventions fix limitations of liability of the Carrier for death and personal injury, loss of and damage to luggage and delay. Any liability of the Company toward the Passenger arising from a carriage by air is subject to the limitation of liability provided by said Conventions. Copies of these conventions are available upon request.

Carriage of Passengers and their luggage by sea shall be governed by EU Regulation 392/2009 ( hereinafter the PLR)   and where applicable the Athens Convention 1974 and where applicable after 23 April 2014 the Athens Protocol 2002  (hereinafter jointly referred as “the Athens Convention”) The PLR and where applicable the Athens Convention are expressly incorporated into these Conditions and any liability of the Company and/or the Carrier for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely determined in accordance with the PLR and where applicable the Athens Convention. The PLR and where applicable the Athens Convention limit the Carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It is assumed that luggage has been delivered undamaged to the Passenger unless the latter gives written notice to the Company or Carrier in the following terms:

a) In case of apparent damage, before or at the time of disembarkation or redelivery; or
b) In case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.

Any damages payable by the Company up to the  PLR and where applicable the Athens Convention limits shall be reduced in proportion to any contributory negligence by the Passenger and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from the Company upon request.

Insofar as the Company may be liable to a Passenger in respect of claims arising out of carriage by air, land or sea, the Company shall be entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual Carriers (including his own terms and conditions of carriage) and under the PLR and where applicable the Athens Convention, and nothing in these Conditions shall be deemed as a waiver thereof.  If any term, condition, section or provision becomes invalid or be so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in force.

The Company’s liability will not at any time exceed that of any Carrier under its Conditions of Carriage and/or applicable or incorporated conventions.

Except for claims arising out of carriage by air, any liability in respect of death and personal injury and loss of and damage to luggage which the Company may incur to the Passenger, whether under the Contract in accordance with these Conditions or otherwise, shall always be subject to the limits of liability contained in the PLR  and Athens Protocol 2002  Where there is a shipping incident as defined by the PLR: the passenger has a right to compensation from the Carrier or the Carrier’s insurance provider of up to 250.000 SDRs in any event, with the exception of circumstances beyond the Carrier’s control (i.e. act of war, natural disaster, act of a third party). Compensation can go up to 400.000 SDR unless the carrier proves that the incident occurred without his fault or neglect. In the case of a non on-shipping incident: the passenger has a right to compensation from the Carrier of up to 400.000 SDR, if the Passenger  proves that the incident was the result of the Carrier’s fault or neglect.  The limits for death /personal injury under the Athens Convention 1974. are 46 666 SDRs per passenger

Further information concerning the PLR and where applicable the Athens Convention and its full text may be found on the European Commission website (http://europa.eu/legislation_summaries/transport/waterborne_transport/tr0018_en.htm). A summary of the PLR can be found at  http://ec.europa.eu/transport/themes/passengers/maritime/doc/rights-in-case-of-accident.pdf

Limits of liability or cabin luggage are 2250 SDRs per Passenger pursuant to the PLR and Athens Protocol 2002 and 833 SDRS per Passenger pursuant to the Athens Convention 1974. The Company and the Carrier have no liability for valuables unless deposited with the ship’s purser. In which case liability will be limited to 3375 SDRs or 1200 SDRs respectively. References to limits per passenger are per carriage.

Notwithstanding anything to the contrary elsewhere in these Conditions, the Company shall not in any circumstances be liable for any loss or anticipated loss of profits, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.

The liability of the Company is excluded for claims arising out of loss or damage directly or indirectly occasioned by circumstances where performance and/or prompt performance of the Contract is prevented by reason of war, or threat of war, riot, civil strife, industrial dispute whether by the Company’s employees or others, terrorist activity or the threat of terrorist activity, failure of power supplies, health risks or epidemics natural or nuclear disaster, fire or adverse weather conditions or adverse sea states, Passenger’s suicide or attempted suicide or the Passenger’s deliberate exposure to unnecessary danger (except in an attempt to save human life), or the consequences of participating in an unusual and dangerous activity and any other circumstance of any nature whatsoever outside the Company’s control.

Where the Company has any legal liability for loss of or damage to property otherwise than in accordance with the PLR and where applicable the Athens and/or Montreal Conventions then its liability shall not at any time exceed € 500,00 and the Company shall not at any time be liable for money or valuables. Passengers must not pack money or other valuables in their luggage.

Itinerary / Right To Change

The Company reserves the right at its sole discretion and/or that of the Master of any vessel (which will not be exercised unreasonably) to decide whether to deviate from the advertised or ordinary itinerary, to delay or anticipate any sailing, to omit or change scheduled ports of call, to arrange for substantially equivalent carriage by another vessel, to tow or be towed or assist other vessels or to perform any similar act which, in its and/or Master’s sole discretion will deem advisable or necessary for the safety, of the Passenger, of the vessel and crew. In such circumstances the Company will be under no liability or obligation to the Passenger.

The Company has the right to modify the entertainment program following any following any case of force majeure such as the artist(s)’ health conditions, flight cancelations, etc.

Passenger’s Responsibility

The Passenger has a duty to follow the instructions and orders of the Master and Officers while on-board. The Passenger hereby accepts and agrees that the Master and Officers are entitled and have authority to inspect any person on board, any cabin, baggage and belonging for safety, security or other lawful reasons.

The Passenger hereby expressly agrees to allow any such search.

Passengers must have received all necessary medical inoculations prior to the cruise and have in their possession all tickets, valid passports, visas, medical cards and any other documents necessary for the scheduled ports of call and disembarkation.

Each Passenger warrants that he/she is physically and mentally fit to undertake the Cruise.

The Company and/or the Master have the right of refusing the boarding or order the disembarkation of any Passenger should they deem it necessary, for the safety, security, of the Passenger, of the other Passengers or of the ship or should the Passenger’s conduct which, in the reasonable opinion of the Master, is likely to endanger or impair the comfort and enjoyment of other Passengers on-board.

No Passenger shall bring any animals whatsoever, except for recognized service dogs, subject to the information detailed in ‘Persons with Disabilities and Reduced Mobility’.

The Company will be under no liability whatsoever to any Passenger in respect of any breach or non-observance by any Passenger of the provisions of this clause and any Passenger shall indemnify the Company against any loss or damage occasioned to the Company or any of its suppliers by such breach or non-observance.

Passenger’s behaviour must not affect and reduce the safety, peace and enjoyment of the cruise by other Passengers.

It is strictly forbidden for Passengers to carry firearms, ammunition, explosives or flammable, toxic or dangerous substances, goods or articles on-board any Vessels which could be dangerous for the safety of Passengers and the Vessels.

Passengers shall be liable for any damage suffered by the Company and/or the Carrier and/or any Supplier of any service that forms part of the Package as a result of the Passenger’s failure to comply with his contractual obligations. In particular, the Passenger shall be liable for all damages caused to the vessel or its furnishings and equipment, for injury or loss to other Passengers and third parties, and also for all penalties, fines and expenses attributable by the Passenger that the Company, Carrier or Supplier may be liable to pay.

Consumer Protection

VOYAGES BYBLOS Limited has subscribed a financial guarantee with APST – 15, Avenue Carnot 75017 Paris

22.2 The liability of VOYAGES BYBLOS Limited is provided by HISCOX Europe Underwriting Limited – Hiscox France, 19, Rue Louis le Grand – 75002 Paris, under the following references: RCPAPST / 197 012

22.3. Online dispute resolution information:

The European Commission offers the possibility of resolving online disputes on one of its platforms (“RLL platform”). The RLL platform can be used as a point of contact for the out-of-court settlement of disputes arising from sales contracts or online services. This platform is accessible via the link http://ec.europa.eu/odr

Complaints

Any Passenger with a complaint whilst on a Cruise must bring it to the attention of the Cruise staff on-board as soon as possible. If the Cruise staffs are unable to resolve the problem, any complaint must be notified in writing to the Company within 28 days of the termination of the Cruise. Failure to report the complaint within this time may adversely affect the Company’s ability to deal with it. Complaints relating to any other part of a package must be made promptly to the Company or the supplier.

Data Protection

According to the law n ° 78-17 of January 06, 1978, data processing, files and liberties and to the provisions relating to the protection of the personal data, data concerning the passenger are collected. They are needed to process the reservation.

In order to allow the execution of the contract, the travel agency must communicate this information to the Company, which can communicate it to service providers even if they are located outside the European Union.

The personal data of the passenger can be collected on paper or by electronic transmission. The passenger has a right of access, opposition and rectification concerning all data concerning him, which he can exercise by contacting his travel agency or the Company specifying his name, first name and address.

Variation

No variation of these terms shall be effective unless in writing and signed by the Company.

Smoking Policy

MSC Cruises respects the needs and desires of all Guests, and we have considered carefully the subject of those who smoke and those who do not. In compliance with global standards, smoking is freely permitted in dedicated areas throughout the ship and equipped with a special air extraction system.

In principle, smoking is not permitted in any food service areas (buffets and restaurants, the medical centres, child-care areas, corridors or elevator foyers, areas where Guests are assembled in groups for safety exercises, disembarkation or tour departures, public toilets, or in bars close to areas where food is served.

The Company highly recommends Passengers avoid smoking in the cabins because of the risk of fire. Smoking on the cabin balconies is not allowed.
Smoking is permitted in several bars on each ship, and on one side (indicated by signage) of the principal outer pool deck areas, where ashtrays are provided.

Throwing cigarette butts over the side of the ship is prohibited.

Liability Of Employees, Servants And Subcontractors

It is hereby expressly agreed that no servant or agent of the Company and/or the Carrier, including the Master and crew of the cruise vessel concerned including independent subcontractors and their employees as well as the underwriters of these parties shall in any circumstance whatsoever be under any liability whatsoever beyond these Booking Conditions and these parties may invoke these General Booking Conditions and the Conditions of Carriage to the same extent as the Company and/or the Carrier.

Shore Excursions are operated by independent contractors even if sold by Sales Agents or on board the cruise ship. MSC shall not be responsible in any way for the services provided by such independent contractors. The Company operates as mere agent for the Shore excursion provider. The Company has no direct control over the shore excursion providers and their services hence in no case whatsoever will the Company be held liable for loss, damages and injuries suffered by the Passenger as a result of the negligence or otherwise of the Shore Excursion providers. The Company will exercise reasonable skill and care in the selection of a reputable Shore Excursion provider. In assessing performance and/or liability of Shore Excursion providers, local laws and regulations will apply.

Law and Jurisdiction

This Agreement complies with French law. In the event of litigation due to the interpretation or the execution of this Contract, it will be brought before the courts of the jurisdiction of the Commercial Court of Paris.

Errors, Omissions and Changes

28.1 While every effort has been made to ensure the accuracy of the content of this blues theme of the Company and the official website, some changes and revisions may have to be made after the announcement and / or publication of the official website.

Since the Booking Terms & Conditions are applicable on the Package, will be applied those in effect at the time of booking made, regardless of those published in the MSC brochure concerned, it is recommended that you check on the official website the Terms & Conditions of Booking in your possession.

Contact

Email: info@europeanbluescruise.com

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