Except as otherwise provided, Oniric Cruises may, for any reason, without prior notice, cancel the Expedition Boat; deviate from the scheduled ports of call, route, and timetable; call or omit to call at any port or place or cancel or modify any activity on or off the ship; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property, or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten the Expedition, or substitute ships, aircraft, or other transportation or lodging. Accordingly, You should not make any important arrangements or meetings based on the scheduled Expedition which may change without liability to Oniric Cruises.
Furthermore, the captain of the ship, as well as the operator of any other means of transportation, may, in his/her sole discretion, take any action deemed necessary for the safety, security, comfort, or well-being of any person or to prevent damage to or loss of the ship.
In the case of mechanical failures that cause the scheduled Expedition to be cancelled before it starts, Oniric Cruises shall offer to transfer you to another Expedition Boat or a full refund of the Expedition Boat Fare; or for mechanical failures that cause a cruise to be terminated early, a partial refund of the Expedition Boat Fare, local travel expenses to transport You to the scheduled port of disembarkation at Oniric Cruises’ discretion, and overnight lodging if an unscheduled stopover is required. You shall have no claim against Oniric Cruises, and Oniric Cruises shall not be liable for damages or a refund of the Expedition Boat Fare, any portion thereof, or other payment, compensation, or credit of any kind; nor for hotel or meal charges, travel expenses or other loss, delay, inconvenience, disappointment or expense whatsoever, which shall be the Passenger’s responsibility, whenever the cancellation or change was otherwise beyond Oniric Cruises’ exclusive control.
Oniric Cruises’ non-liability extends without limitation to any of those causes described in Section 14(B) and/or inclement weather; health, medical or environmental considerations; labour, political or social disturbances or unrest; or operational, commercial or safety reasons; or was based on a good faith belief by Oniric Cruises or the ship’s captain that the Expedition or any portion thereof might endanger the vessel or expose any person or property to loss, injury, damage, or delay. Except as provided above for mechanical failures, whenever the performance of the Expedition Boat is hindered or prevented by any cause or circumstance whatsoever, the Expedition may be terminated and You may be landed with no further liability of Oniric Cruises for refund, payment, compensation, or credit of any kind.
If, and only when, the cancellation or change was for reasons other than described in the preceding paragraph and was within the exclusive control of Oniric Cruises, You agree that the liability of Oniric Cruises, if any, shall nonetheless be limited as follows:
- If Oniric Cruises cancels the Expedition Boat before it has started, it shall offer to transfer you to another Expedition Boat or refund the Expedition Boat Fare (less any air or accommodation charges incurred).
- If the sailing is delayed and You have not been accommodated onboard the ship, Oniric Cruises may arrange accommodations and food at no additional expense to You.
- If the scheduled port of embarkation or disembarkation for an Expedition Boat is changed, Oniric Cruises shall arrange transportation to it from the originally scheduled port.
- If the Expedition Boat is terminated or ends early Oniric Cruises, at its option, may issue a cruise credit, make a partial refund of Your Expedition Boat Fare, transfer You to another ship, or transport You to the scheduled final port.
- If You pay Oniric Cruises an amount above the Expedition Boat Fare for a shore excursion or other activity that is cancelled, You will be limited to a refund, if any, of the amount paid for the cancelled activity.
Under no circumstances shall Oniric Cruises be or become liable for consequential or other damages of any kind sustained by any Passenger except as expressly provided herein.