Terms

Website terms of use

1. Introduction

1.1 www.pocruises.com (“the Site”) is operated by Carnival plc trading as P&O Cruises (“we”, “us” and “our”).

1.2 Use of the Site is on the basis of these terms and conditions (the “Terms of Use”). If you do not agree to these Terms of Use, you should stop using the Site immediately. By using this Site you are indicating your acceptance to be bound by these Terms of Use and you re-affirm that acceptance every time you use the Site. The Terms of Use 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.

1.3 Any holiday reservations are also subject to our Booking Conditions. You should also read our Privacy Policy.

1.4 We reserve the right to change these Terms of Use from time to time without prior notice to you 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 endeavours 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. Your use of information on the Site

3.1 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 materials, as well as in the original materials. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the materials, in whole or in part except as provided in these Terms of Use.

3.2 You may download information from the Site for your own personal, non-commercial 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.

4. Trade marks

4.1 “P&O Cruises” and other trade marks that appear on this Site are owned, or used under licence, by Carnival plc or its group companies and may not be reproduced without our express permission unless otherwise permitted under these Terms of Use. Other organisations and company names referred to on this Site may be trade marks of their respective owners as indicated.

5. Links to this and other websites

5.1 We provide hyperlinks to other sites which are operated by other organisations. 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.

5.2 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 pocruises.com as the destination of the link.

6. Availability of the Site

6.1 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.

6.2 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.

7. Interactive Areas

7.1 Certain areas of the Site enable you to post, email information or otherwise transmit, data, text, photographs, graphics, messages and other materials, (collectively referred to as "Content").

7.2 You acknowledge that Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site. We do not pre-screen the Content contributed or posted to the Site.

7.3 Without prejudice to Clause 7.2 we reserve the right, but not the obligation, to monitor and review any Content whether publicly posted or privately transmitted from time to time. We reserve the right (a) to suspend or terminate your access to the Site, or any parts of it, and/or (b) to edit, remove or discard, or require you to edit, Content uploaded, posted, emailed or otherwise transmitted on or through the Site, if you, or Content that you have posted, appears to us, at our discretion, to be in breach of any provision of the Terms of Use or the spirit of the Terms of Use, or to be bringing the Site or P&O Cruises into disrepute. You agree that any suspension or termination of your access to the Site under the Terms of Use may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any suspension or termination of your access to the Site.

7.4 With respect to all Content you elect to post to the Site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform, syndicate and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, and you waive your moral rights to object to any derogatory treatment, or to be identified as the author, of that Content. If you do not want to grant the permission set out above on, please do not post or share your Content on the Site.

7.5 We may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects.

7.6 You acknowledge and agree that we may preserve Content and may also disclose Content; (a) to our affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner, (b) for the purpose of properly administering your account and/or (c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with a legal process, enforce the Terms of Use, respond to claims that any Content violates the rights of third parties, or protects the rights, property, or personal safety of us, other Site users or the public.

8. Writing a Review

8.1 All Content containing ship, cruise and port reviews posted on the Site are subject to the Terms of Use in full.

8.2 Reviews must be based on your own experience, not second-hand information or unverified information, rumours or quotations from other sources. Reviews should reflect your honest and truthful experiences. We do not tolerate fake reviews.

9. P&O Cruises Community

9.1 This section of the Terms of Use sets out our respective rights and obligations in relation to the services offered by the P&O Cruises Community section of the Site (the "Community Service").

9.2 In order to use the Community Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based Content, and pay any fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other such access device.

9.3 People who successfully register for the Community Service become members. Members may post content to any message boards or online forums which may be available on the Community Service. The purpose of the Community message boards is to enable members to discuss topics that are relevant to P&O Cruises and the wider cruise holiday industry. General topic threads can be used for discussions outside of this purpose, subject to compliance with these Terms of Use at all times.

9.4 In consideration of your use of the Community Service you undertake to (i) register for the Community Service using true, accurate, current and complete information about yourself as prompted by the Community Service's registration form – including your correct name, address, email address, cruise and passenger history and any other requested details and (ii) maintain and promptly update such information to keep it true, accurate, current and complete.

9.5 You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account and any other breach of security, (b) ensure that you exit from your account at the end of each session, and (c) do not give consent to other members or non-members to use your username, password or account in order to access the Community Service. We are not liable for any loss or damage arising from your failure to comply with this Clause 9.6. For security or other reasons, we may at any time require you to change your password or other information, which facilitates your access to the Community Service.

9.6 You acknowledge that we are not and cannot be responsible for the behaviour of members - whether on the Community Service or outside of it. We only provide a venue from where the Community Service may be accessed.

9.7 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Community Service, use of the Community Service, or access to the Community Service.

9.8 You acknowledge and agree that the Community Service and any necessary software used in connection with the Community Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

9.9 Posting Content.
The Community Service is intended to be used by its members for the purposes referred to in Clause 9.3 above. Please respect others in your choice of words, thoughts and comments As a member you agree not to do any of the following:

• include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in Content which is uploaded, posted, emailed or otherwise transmitted on or through the Community Service;
• upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• upload, post, email or otherwise transmit any names or Content, which includes details of any member of P&O Cruises staff or any of its associated sister companies;
• upload, post, email or otherwise transmit any Content, or otherwise use, the Community Service, for any business, commercial, advertising or promotional purposes;
• upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• impersonate any person or entity, including, but not limited to, a Community official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Community Service;
• upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware of telecommunications equipment.

9.10 We reserve the right, without prior notice to you, to suspend or terminate your Community membership account and to refuse you any and all current or future use of the Community Service or any part of it at any time if we consider, in our absolute discretion, that you have breached any of these Terms of Use.

9.11 We reserve the right to withdraw or modify one or more aspects of the Community Service, with or without notice to you, where we have legal, technical or other reasons to do so. There may also be times when the Community Service becomes unavailable, whether on a scheduled or unscheduled basis. You agree that we shall not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the Community Service.

10. Online booking discounts

10.1 Please note that any additional online discount is applied to the fare before fuel fees.

11. Our liability

11.1 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.

11.2 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.

11.3 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.

11.4 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.

11.5 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.

12. General

12.1 You agree to indemnify 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.

12.2 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 the prior written consent of Community assign or dispose of the Terms of Use.

12.3 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.

12.4 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.

12.5 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.

12.6 Carnival plc is a company registered in England and Wales. Our company number is 4039524 and our registered office address is Carnival House, 5 Gainsford Street, London SE1 2NE. Our ABTA number is V8764 and our ATOL number is 6294. Our VAT registration number is GB 761 4300 58.

12.7 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.

12.8 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.

12.9 Failure by us to enforce a right under these Terms of Use does not result in waiver of such right.

13. How to contact us

Please feel free to contact us in any of the following ways for general enquiries:

• by email at reservations@pocruises.com or at community@pocruises.com for enquiries related to the Community Service • by telephone on 0845 678 0014

• by fax on 023 8052 3720 • and/or by writing to us at P&O Cruises, Carnival House, 100 Harbour Parade, Southampton, SO15 1ST

• If you experience problems with our Site or would like to comment on it, please email reservations@pocruises.com

14. Updates

These Terms of Use were last updated on 23 December 2009.

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