Website terms of use
1. Introduction
1.1. www.cunard.com ("the Site") is operated by Carnival plc trading as Cunard ("we" and "us"). Use of the Site is on the terms and conditions contained in this document (“Terms of Use”). If you do not agree to these Terms of Use, stop using the Site immediately. By using this Site you are indicating your acceptance to be bound by these Terms of Use. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with the details provided on the Site about how the Site operates and the products and services which are available.
1.2. Any voyage bookings are also subject to our Booking Conditions. You should also read our Privacy Policy. We reserve the right to change these Terms of Use from time to time without prior notice by changing them on the Site. We will post any updates to the Terms of Use on the Site from time to time and you should review the Terms of Use periodically for changes. Your continued use of the Site will constitute acceptance of the amended or updated Terms of Use.
2. Accuracy of information
2.1. We are committed to using all reasonable endeavors to ensure that information on the Site or any other information we provide to you is accurate. However, except to the extent that our Booking Conditions apply, we make no representation or warranty that such information is accurate and up to date or complete and we accept no liability for any loss or damage caused by inaccurate information to the fullest extent permitted by law.
2.2. If you find any inaccurate information on the Site please let us know and we will correct it, where we agree, as soon as we can.
3. Privacy
3.1. Please see our Privacy Policy for details on how we may use your personal information. If you use My Cunard, our cruise personalizer product, please note that every guest included in your booking will have access to all the information on My Cunard, including the personal information of other guests in your booking. You may provide and update the information of any other guests in your booking and they may provide and update your information.
3.2. If you provide us with the personal information of any other guests, you must have the authority of those guests or if the guests are under the age of 18, you must be their parent or legal guardian.
4. Your use of information on this site
4.1. All materials on this Site including but not limited to text, software, photographs and graphics are protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these Terms of Use.
4.2. You may download information from the Site for your own personal noncommercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
5. Trade marks
5.1 Cunard and certain other logos or brand names on this Site are trade marks of or are licensed to Carnival plc or its group companies and may not be reproduced without our express permission unless otherwise permitted under these Terms of Use. Other organizations and company names referred to on this Site may be trade marks of their respective owners as indicated.
6. Links to this and other websites
6.1. We provide hyperlinks to other sites which are operated by other organizations. We are not responsible for external websites that link to this Site or which are linked from it. That we include these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.
6.2. We reserve the right at our discretion to prohibit any link from another internet site to materials or information on this Site. Without prejudice to that right, any link to material or information on this Site for which you are responsible must be neither misleading nor deceptive and must fairly indicate cunard.com as the destination of the link.
7. Availability of our site
7.1. Whilst we are committed to providing you with an excellent service by making our Site available we cannot guarantee that our Site will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, our Site, router or any other internet-connected device.
7.2. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site and is compatible with our Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
8. Our Liability
8.1. Although we hope the Site will be of interest to users, (and except to the extent that our Booking Conditions apply), we accept no liability and offer no warranties in relation to this Site and its content, to the fullest extent such liability can be excluded by law. In particular we make no warranty or representation that (a) the Site will meet your requirements, (b) the Site will be uninterrupted, timely, secure, or error-free, and (c) any errors in the Site will be corrected.
8.2. You expressly acknowledge and agree that your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis.
8.3. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material.
8.4. In no event shall we be liable to you for any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of the Site or information on the Site. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right. Subject as provided in these Terms of Use, all terms implied by law are excluded.
8.5. We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation that cannot, under English law, be excluded. Any statutory rights you may have as a consumer remain unaffected.
9. General
9.1. You agree to reimburse us and our subsidiaries, affiliates, officers, agents and employees against all liabilities, claims and expenses that may arise from any breach of the Terms of Use by you or from any content you submit, post to or transmit through the Site, your use of the Site or any parts of it, your connection to the Site, or your violation of any rights of another.
9.2. We reserve the right to assign the Terms of Use, and to assign or subcontract any or all of our rights and obligations under the Terms of Use. You may not without our prior written consent assign or dispose of the Terms of Use.
9.3. The Terms of Use includes our Privacy Policy. Together they contain the whole of the agreement between us and you concerning the use of the Site and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to the Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Terms of Use.
9.4. In the event that any term of the Terms of Use is held to be invalid or unenforceable by judicial decree or decision, the remainder of the Terms of Use shall remain valid and enforceable.
9.5. The Terms of Use shall be governed by and construed in accordance with the laws of England and Wales and any dispute between us regarding the Site will only be dealt with by the English courts.
9.6. Carnival plc is a company registered in England and Wales. Our company number is 4039524 and our registered office address is Carnival House, 100 Harbour Parade, Southampton SO15 1ST. Our ABTA number is V8764 and our ATOL number is 6294. Our VAT registration number is GB 761 4300 58.
9.7. In the event of any inconsistency between these terms and conditions, our Privacy Policy and our Booking Conditions then the Booking Conditions shall take first precedence, our Privacy Policy shall take second precedence and these Terms of Use shall take third precedence.
9.8. Any formal legal notices should be sent to us at the address at the end of these Terms of Use by email confirmed by post.
9.9. Failure by us to enforce a right under these Terms of Use does not result in waiver of such right.
10. How to contact us
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice to Cunard under these Terms, please contact us at:
- Cunard Line, 24305, Town Center Drive, Suite 200, Valencia, CA 91355
- Tel: (800) 728 6273.
11. Updates
These Terms of Use were last updated on 23 August 2018