Conditions of Carriage | Blue Zephyr Cruises

CONDITIONS OF CARRIAGE

(Passenger Contract of Carriage by Sea – Bahamas Flag)

These Conditions of Carriage govern the carriage of passengers and their luggage by sea aboard the vessel BLUE ZEPHYR, flying the Flag of the Commonwealth of The Bahamas, or any substitute vessel (the “Vessel”), operated by Kalama Shipping S.A. (the “Carrier”).

By making or accepting a booking, accepting or using a Passenger Ticket, and/or embarking on the Vessel each Passenger agrees to be bound by these Conditions of Carriage.

1. DEFINITIONS

Carrier means Kalama Shipping S.A. the registered owner of the Vessel BLUE ZEPHYR. References in these Conditions to the Carrier shall, where the context permits, include the Vessel's operator, manager, charterer, Master, officers, crew, servants and representatives.

Passenger means any natural person carried or to be carried on the Vessel under a contract of carriage by sea. Passengers must be at least eighteen (18) years of age at embarkation, except that persons aged sixteen (16) or seventeen (17) may be accepted when accompanied by a parent, legal guardian, or another responsible adult authorized by the Carrier.

Luggage includes cabin luggage, checked luggage, hand luggage, and personal effects.

Athens Convention means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, as amended by the 2002 Protocol.

2. FLAG STATE & APPLICABLE LAW

The Vessel operates under the Flag of the Commonwealth of The Bahamas.

The carriage of passengers and luggage is governed by the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea,1974, as amended, and the 2002 Protocol, Regulation (EU) No 392/2009, where applicable,

and any mandatory provisions of Bahamian maritime law applicable to passenger vessels.

Nothing in these Conditions of Carriage shall be construed as increasing the liability of the Carrier beyond the limits mandatorily imposed by the above legal instruments.

3. GOVERNING LAW – FLAG STATE

The Contract of Carriage and any matters relating to the carriage of passengers and luggage by sea shall be governed by and construed in accordance with the laws of the flag state of the vessel, being the Commonwealth of The Bahamas, and by the applicable international conventions, including the Athens Convention 1974 and Regulation (EU) No 392/2009 where applicable.

4. LIABILITY FOR DEATH, PERSONAL INJURY, OR ILLNESS

The Carrier’s liability for death, personal injury, or illness of a Passenger is strictly limited and governed by the Athens Convention and, where applicable, Regulation (EU) No 392/2009.

All compensation is subject to:

statutory limits of liability,

exclusions,

acts or omissions,

defenses,

conditions, and

time limits
as provided under the applicable international and flag-state legal framework.

5. LIABILITY FOR LUGGAGE

The Carrier’s liability for loss of or damage to luggage is governed exclusively by the Athens Convention.

Passengers remain solely responsible for valuables, money, jewelry, electronic devices, and documents, unless such items have been formally handed over to the Carrier for safekeeping, where and if such service is offered.

The presence or use of an in-cabin safe does not constitute formal deposit under the Athens Convention or Regulation (EU) No 392/2009.

6. EXCLUSIONS & LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, the Carrier shall not be liable for:

indirect, consequential, or economic loss,

loss of enjoyment,

loss of profit or business opportunity,

moral or non-material damage.

No liability shall arise where loss or damage is caused by:

acts or omissions of the Passenger,

acts of unrelated third parties,

unavoidable and extraordinary circumstances.

7. TIME LIMITS FOR CLAIMS

Any claim against the Carrier must:

be notified in writing within the time limits prescribed by the Athens Convention, and

be brought before the competent court within the applicable limitation periods.

Failure to comply with these requirements shall result in the claim being time-barred.

8. PASSENGER OBLIGATIONS

Passengers must:

comply with all lawful instructions of the Master and crew,

observe safety and security regulations,

conduct themselves in a manner that does not endanger persons, property, or the Vessel.

The Carrier may take any reasonable measure necessary to maintain safety and order on board.

9. RIGHT TO REFUSE CARRIAGE / DISEMBARKATION

The Carrier and the Master reserve the right, at their reasonable discretion, to refuse carriage or to disembark any Passenger for reasons of safety, health, security, or improper conduct.

No refund or compensation shall be payable in such cases.

10. ITINERARY & OPERATIONAL CHANGES

The Carrier and the Master may alter routes, schedules, ports of call, or the Vessel’s operation for reasons of safety, health, weather conditions, or operational necessity.

Such changes shall not constitute breach of contract.

11. HEALTH & FITNESS TO TRAVEL

Passengers must be medically fit to travel.

The Carrier may require medical information, impose health measures, or refuse carriage where necessary to protect the health and safety of passengers and crew.

12. PROHIBITED ITEMS & SECURITY

Weapons, firearms, ammunition, explosives, flammable, toxic, or dangerous substances are strictly prohibited on board. Live animals of any kind are strictly prohibited on board. The Carrier does not have the mandatory facilities or designated areas required for the carriage of animals or assistance dogs.

The Carrier may confiscate prohibited items and report violations to the competent authorities.

13. ASSIGNMENT

Rights under these Conditions of Carriage may not be assigned except as expressly permitted under the Booking Terms and Conditions.

14. JURISDICTION

Any claim arising out of or in connection with the carriage of passengers or luggage shall be subject to:

Article 17 of the Athens Convention, or

where applicable, the jurisdiction of the competent courts of Greece,
in accordance with mandatory European Union law.

15. SEVERABILITY

If any provision of these Conditions of Carriage is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.