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whether or not connected with the provision of your holiday and whether or not those acts and
omissions were unforeseeable or unavoidable; or – ‘force majeure’ as defined in clause 40. Please note,
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 or, where
we are responsible for them, our suppliers. Additionally we cannot accept liability for any business
losses.
Please note we cannot accept responsibility for any services which do not form part of our contract
such as the provision of medical diagnosis or treatment either on board or ashore during your cruise
duration. This includes, for example, any additional services or facilities, which your hotel or any other
supplier agrees to, provide for you where the services or facilities are not advertised in our brochure,
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. The promises we make to you
about the services we have agreed to provide or arrange as part of our contract – and the laws and
regulations of the country in which your claim or complaint occurred – will be used as the basis for
deciding whether the services in question had been properly provided. If the particular services which
gave rise to the claim or complaint complied with local 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 US, which would have applied
had those services been provided in the US. The exception to this is where the claim or complaint
concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to
take the holiday in question.
Our limit of liability
This contract and the terms and conditions of it are governed by New Zealand law. Therefore, the
Accident Compensation Act (2001) and the Accident Compensation Corporation (ACC) Scheme
applies.The terms below regarding the limits of liability under certain International Conventions are
only applicable in the event that any of those Conventions are found applicable as a matter of New
Zealand law. In all other circumstances our limit of liability is that which is available under New
Zealand law, including, but not limited to, the Accident Compensation Act and ACC Scheme. Whilst
onboard the Vessel 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
Celebrity Cruises, its employees, directors, agents and contractors are not liable to any claim by you,
your dependents or legal representatives in negligence, breach of contract or statute or statutory duty
(including for breach of consumer guarantees implied by the New Zealand Consumer Law) 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 New Zealand law.In addition, nothing in these terms and conditions affects our right to
limit our liability under the New Zealand Maritime Transport Act (1994)..
You acknowledge, agree and understand that Celebrity Cruises 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 Celebrity Cruises, 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.
Celebrity Cruises’ limit of liability for any shore excursions activities is covered in Clause 25 of these
Booking Conditions.
The exclusions and limitations of liability of Carrier set forth in the provisions of this contract, 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