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We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description
whatsoever which results from any of the following:
The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or
The act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
An event or circumstances which we or the supplier of the services could not have foreseen or avoided even if taking all reasonable care; or
The act and/or omission(s) of any person(s) who at the time of the alleged act or omission was not acting lawfully and performing duties or services on our
specific instructions, and/or within the course of either their employment or their engagement directly by us; or
‘force majeure’ as defined in section 5.10.
We cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you
concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (2) which did
not result from any breach of contract or other fault by ourselves or our employees.. Additionally, we cannot accept liability for any business losses. We cannot
accept responsibility for any services, which do not form part of the package holiday. This includes, for example, any additional services or facilities, which your
hotel or any other supplier agrees to provide for you, or where the services or facilities are not advertised in our brochure or on the website, and we have not
agreed to arrange them. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use
reasonable skill and care as set out above and we do not have any greater or different liability to you. If the particular services which gave rise to the claim or
complaint complied with local standards, laws and regulations applicable to those services at the time, the services will be treated as having been properly
provided. This will be the case even if the services did not comply with the laws and regulations of the UK, which would have applied had those services been
provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature, which might lead a reasonable holidaymaker
to refuse to take the holiday in question.
5.8 WHAT IS YOUR LIMIT OF LIABILITY TOWARDS GUESTS?
Whilst onboard our ships you may participate in recreational activities. You acknowledge and agree that, by their very nature, the recreational activities that you
are participating in can be dangerous with inherent risks, dangers and hazards, and personal injury (and sometimes death) can occur and you agree to assume
and accept all risk of personal injury or death which may occur. By using, participating in, engaging, or booking any recreational activity, you accept these risks
and agree that Royal Caribbean International®, Carrier, its employees, directors, servants and agents are not liable for any claim by you, your dependents or
legal representatives in negligence, breach of contract or statute or statutory duty resulting in personal injury or death, any direct/indirect or consequential loss
or damage including without limitation of financial loss (such as loss of profits or use of capital or revenue or otherwise),or for any punitive, exemplary, special or
incidental loss or damage.
By using, participating in, engaging, or booking any recreational activities onboard, you acknowledge, agree and understand that the risk warnings contained
above constitute a ‘risk warning’ for the purposes of the relevant legislation.
You acknowledge, agree and understand that Royal Caribbean International® or RCL Cruises Ltd is not responsible in any way for the actions, inaction, omissions,
negligence, or willful or deliberate misconduct, of independent third parties, including, but not limited to, any independent third party suppliers of tenders,
shore excursions and/or activities and you agree to assume and accept all risk of personal injury or death which may occur, and hereby waive the right to pursue
a claim against Royal Caribbean International® or RCL Cruises Ltd , its employees, directors, agents, contractors and third party operators for any personal injury
or death in any way whatsoever arising from such activities. All participants who engage in such recreational activities do so at their own risk. Royal Caribbean
International® or RCL Cruises Ltd limit of liability for any shore excursions activities is covered in section 4.6 of these Booking Conditions.
The exclusions and limitations of liability of Carrier set forth in the provisions of these Booking Conditions, as well as all rights, defenses and immunities set forth
herein, shall also apply to and be for the benefit of certain designated third party beneficiaries which include the parent, subsidiary, affiliate, and successor
companies and assigns of all the entities identified in this Clause; the officers, directors, employees, agents, crew and pilots of all the entities identified in this
Clause, and any agents, independent contractors, and all concessionaires, physicians and medical personnel, retail shop personnel, health and beauty staff,
fitness staff, shore excursion providers, tour operators, shipbuilders, manufacturers and designers of the Vessel or Transport, and/or installers of all component
parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to the Vessel or any substituted ship or Transport, or owned or
operated by its owners, operators, managers, agents, charterers, contractors, concessionaires or others; as well as owners and operators of all shoreside
properties at which the Vessel or any substituted ship or any transport may call.
The provisions of the Convention relating to the Carriage of Passengers and their luggage by Sea 1974 as supplemented and/or varied by any other applicable
legislation from time to time in force including, but not limited to Regulation (EC) No 392/2009 (together ‘The Athens Convention’) applies to your cruise as well
as the process of getting on and/or off the ship. For any claim involving death or personal injury or delay of or loss of or damage to luggage the only liability we
have to you is in accordance with The Athens Convention. This means you are not entitled to make any claim against us which is not expressly permitted by The
Athens Convention or which is in excess of the limits provided by The Athens Convention. Any claims covered under The Athens Convention must be made
within the time limits set out in The Athens Convention. The Athens Convention limits the maximum amount we as the carrier have to pay if found liable in the
event of death or personal injury and for claims concerning luggage and valuables. Where any claim or part of a claim (including those involving death or