Neonyx Terms and Conditions

Booking Conditions

TERMS AND CONDITIONS WHICH APPLY TO THE CUSTOMERS BOOKING

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS ALL THE CUSTOMERS IN YOUR BOOKING WILL BE BOUND BY THEM.

In consideration of receipt of the full contract price, MYKONOS MAGICA INC 80 BROAD STREET, MONROVIA , LIBERIA agrees to provide travel services under the specified terms and conditions (“Terms”), which are an essential component of the contract between the Customer and the Company regarding the offered travel services.

By making a booking, the Customer, on behalf of themselves, and any accompanying adults or minors (under 18 years of age) listed in the reservation and included in the Customer’s booking, agrees to be legally bound by these Terms, as well as any additional terms and conditions from independent contractors/suppliers applicable to the booking, which are expressly integrated into the contract between the Customer and the Company.

If the combination of travel services constitutes a package under Directive (EU) 2015/2302, you are entitled to all EU rights pertaining to packages. The Company assumes full responsibility for the proper execution of the entire package. Furthermore, in compliance with legal requirements, the Company provides protection to refund payments and, if air transport is part of the package, to ensure repatriation in the event of insolvency.

1. DEFINITIONS

1.1 “Carrier” refers to Mykonos Magica inc. 80 BROAD STREET, MONROVIA , LIBERIA (or a substitute vessel), encompassing the registered beneficial owner and/or charterer, whether bare boat/demise charter, time charterer, sub-charterer, manager, or operator of the Vessel, as well as all Carriers as defined in accordance with EU Regulation 392/2009 and the Athens Convention.

1.2 “Carriers Conditions of Carriage” denotes the standard conditions of carriage of the Carrier governing the transportation of Customers and their luggage by sea, available on www.NEONYX.com, subject to amendments, variations, or replacements from time to time. Any modifications in this regard shall be effective upon their publication date on the Website.

1.3 “Company” refers to MYKONOS MAGICA INC 80 BROAD STREET, MONROVIA , LIBERIA, inclusive of its current and former parents, subsidiaries, affiliated or interrelated companies, underwriters, insurers, agents, employees, officers, directors, successors, assignees, and the vessel.

1.4 “Customer(s)” indicates the individual and/or entity directly booking or purchasing a cruise and/or services and/or product from the Company under this contract, including any third-party adults and/or minors (under 18 years of age) included in the Customer’s booking, along with their heirs and representatives. References to passengers in these Terms include Customers from embarkation on board the vessel.

1.5 ‘Directive (EU) 2015/2302’ signifies the Directive of the European Parliament and of the Council on package travel and linked travel arrangements.

1.6 “Disabled Person” or “Person with Reduced Mobility” refers to any individual whose mobility using transport is diminished due to physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, age-related factors, or any other cause necessitating appropriate attention and adaptation to their particular needs for the services provided to all Customers.

1.7 “Fare” represents the amount paid for the cruise and/or package and/or Travel Services, excluding fuel supplement charges, security charges, or similar incidental surcharges.

1.8 “Organizer” designates the party with whom the Customer has contracted for the cruise and/or package, as defined under Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, encompassing the cruise onboard the Vessel or its equivalent.

1.9 ‘Package’ denotes a contract combining at least two different types of travel services purchased from a single point of sale, offered, sold, or charged at an inclusive or total price. Purchasing a cruise holiday is considered a package as it combines transport and accommodation.

1.10 ‘Travel services’ include transportation for Customers, accommodation, and rental of cars or motorcycles.

1.11 “Website” refers to the Company’s website located at www.NEONYX.com.

2. GOVERNING LAW AND JURISDICITON

These terms and conditions pertain to the acquisition of products and/or services offered for sale by the Company through the internet on the Website. It is recognized, acknowledged, and agreed that the sale is completed in the Republic of Cyprus. Consequently, the contract resulting from the Customer’s online booking is between the Customer and the Company and is governed by the Laws of the Republic of Cyprus, regardless of the currency used by the Customer for their package holiday booking. By accessing and booking via the Website, the Customer expressly consents and submits to the jurisdiction of the Courts of Nicosia to resolve any disputes that may arise between the Customer and the Company, with the law of the Republic of Cyprus being applicable.

3. CONTRACT

3.1 The Carrier’s Conditions of Carriage are explicitly integrated into the contract between the Customer and the Company. It is imperative that the Customer thoroughly reviews these conditions. Upon request, the Carrier’s Conditions of Carriage can be provided, or they can be downloaded from https://NEONYX.com/conditions-of-carriage/. Additionally, these conditions are printed on the Customer Ticket.

3.2 The Carrier’s liability for death, personal injury, and damage to or loss of luggage during a cruise is governed by the Athens Convention, adopted on December 13th, 1974, along with its Protocol adopted in November 1976 (referred to as the “Athens Convention”), or where applicable, from January 1st, 2013, EU Regulation 392/2009. Liability for loss of or damage to property under the Athens Convention and EU Regulation 392/2009 is subject to limitations.

3.3 Booking acceptance is contingent upon availability and is deemed finalized, with the consequent formation of the contract, only upon confirmation sent by the Company upon receipt of payment of the purchase price from the Customer.

3.4 Promotional offers or those providing particularly favorable conditions, as published on the Website, are subject to time and availability limits according to criteria set by the Company at its absolute discretion. Additionally, they may be subject to specific terms and conditions, which should be reviewed at the time of booking.

3.5 In the event of a single reservation made for multiple individuals listed in the reservation, the person making the booking ensures they have the necessary authority and consent on behalf of all persons in the reservation. Furthermore, they guarantee the fulfillment of all contractual obligations by all individuals in the reservation.

3.6 The Company does not permit bookings from individuals under the age of 18. Reservations for minors are prohibited as the cruise exclusively caters to guests over 18, which is mandatory for participation.

3.7 The Company reserves the right to offer alternative or supplementary terms to these Terms for specific contract categories (such as groups or incentive tours). The terms agreed upon in each case (“Additional Terms”) will be applicable alongside these Terms. In case of any conflict or ambiguity between the Additional Terms and these Terms, the provisions of the Additional Terms (where applicable) shall take precedence.

4. PRICE AND PAYMENT

4.1 Payment Terms

9. Payment due to NEONYX Cruises calculated in accordance with the applicable Rate(s) (Booking Cost) in respect of all Bookings confirmed by NEONYX Cruises within the Validity Period is to be made strictly in accordance with this clause 9 (Standard Payment Terms) unless alternative payment terms apply in accordance with clause 10. NEONYX Cruises has the right to vary Standard Payment Terms at any time. The most up to date version of the Standard Payment Terms are shown on NEONYX Cruises’s website www.neonyxcruises.com

Deposit

For 2024 in order to confirm a booking, a deposit of 25% of the cost of the cruise arrangements is payable:

Category/Cruise Length Deposit*

All Categories regardless of cruise length 25% of travel fare

(*) or full payment if booking is made after balance due date (see below).

If Cruise Tour is added to a booking, a deposit of 25% of the Cruise Tour fare is required and must be paid at time of booking.

The required deposit/full payment must be paid directly within the set time-limit and following the respective payment terms. Payments will be done directly to us with wire transfer to our bank accounts -see bellow- or credit cards: American Express, MasterCard and Visa.

Where back to back (combined) cruises (more than one cruise in consecutive order) are booked, a deposit will be required for each cruise. The balance of the holiday cost must be received by us not later than the balance due date which is 30 days prior to the scheduled start of the holiday for all cruises. The balance due date will be shown on the confirmation invoice. You must ensure payment reaches us by this date. If we do not receive all payments due in full and on time, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 13 below will be payable.

Balance / Full payment

For 2024 a full balance is due no later than 29 days prior to departure.

13. Any alternative payment terms agreed to Standard Payment Terms will be set out in an addendum or supplemental agreement. NEONYX Cruises has the right to withdraw or vary any agreed alternative payment terms at any time on giving the Operator/Agency 30 days notice in writing. In the event of alternative payment terms ceasing to be applicable for any reason, Standard Payment Terms will apply.

4.2 The cruise price includes services and amenities detailed on the Website or provided in writing, along with any additional matters specifically agreed upon at the time of booking (including accommodation, meals, beverages, onboard entertainment, shore excursions, port charges, and service charges). However, it excludes incidental surcharges such as fuel cost increases, exchange rate fluctuations, additional port taxes and services, government taxes, and VAT (“Surcharge”). The Company reserves the right to impose these surcharges, with notification to the Customer at least 20 days before the package begins. If the Surcharge exceeds 8% of the total invoice amount, the Customer may choose to cancel the cruise with a full refund or transfer it to a different date within the next 12 months without amendment charges, provided they notify the Company in writing within 14 days of being informed of the Surcharge. Failure to do so will be construed as acceptance of the price change. Refunds will be processed within 14 days of the contract termination. Alternatively, the Customer may opt to accept the proposed price adjustment.

4.3 Any additional services and facilities related to hotel accommodations, airline tickets, and ground transportation are optional and can be purchased separately or as part of the all-inclusive cruise package. If purchased separately for a different holiday or trip, these services do not form part of this contract and are subject to the terms and conditions of the individual service providers.

4.4 A single person supplement is applicable if, due to the withdrawal or cancellation of other Customers in the booking, the Customer is the sole occupant of a cabin, unless the remaining Customer(s) have been charged a 100% cancellation fee.

4.5 When a customer requests a booking, they complete the electronic booking form on the Website, pay the 25% deposit of the total fare, authorize payment from their credit card, and confirm acceptance of the terms and conditions displayed on the Website. By doing so, the Customer acknowledges that the contract, including all persons listed on the booking, is governed by these terms and conditions and the Carrier’s Conditions of Carriage. The contract is concluded upon receipt and acceptance of the deposit by the Company, evidenced by an invoice confirming the booked cruise and a booking reference number. The balance of the holiday price is payable to the Company at least 30 days before sailing or immediately after confirmation for late bookings. Payment can be made through the Website using the booking reference number or by sending credit card details via email to [email protected] (quoting the booking reference number). Full payment is required before embarking on the vessel.

4.6 In the event of an incorrect cruise price due to human error, typographical error, or technical error, the Company reserves the right to correct the error and request payment of the correct amount or cancel the booking upon the Customer’s written instructions, with a full refund of the amount already paid. The Company shall not be liable for any bookings resulting from such errors.

4.7 The Customer’s booking will be charged in the currency corresponding to their country of origin, as follows:

COUNTRY | CURRENCY

All EU members (except UK): Euro (EUR / €)

United Kingdom: British pound (GBP / £)

All other countries: US Dollar (USD / $)

4.8 The Customer is responsible for all charges due under the booking, even if the travel agent used by the Customer fails to remit the monies paid for the booking to the Company. Any refunds made by the Company to the Customer’s agent are considered payments to the Customer, irrespective of whether the agent delivers the refund to the Customer.

5. INDEPENDENT CONTRACTORS: HOTEL ACCOMMODATION, AIRLINE TICKETS, GROUND TRANSPORTATION

5.1 Hotel accommodations, airline tickets, and ground transportation are provided by independent contractors, specifically local suppliers who are subject to local laws, regulations, and standards, forming the basis for assessing the performance of such services. When these services are included in the booking, the package is considered fulfilled if local laws and regulations are adhered to. These independent contractors do not act as agents or representatives of the Company at any time.

5.1.2 The Company neither owns nor controls these independent contractors, and does not make any representations regarding their performance or suitability. The Company does not supervise their activities but serves as an intermediary for products and services not directly provided by it and not forming part of the Customer’s package holiday. Any Customer purchasing or using such services enters directly into a contract with the independent contractor, agreeing that any liability for death, personal injury, illness, emotional distress, mental suffering, psychological injury, or loss of or damage to property is solely the responsibility of the service provider. The Company is not a party to the contractual relationship with such independent contractors and therefore shall not be liable or responsible for any act or omission of such providers related to these services or activities.

5.1.3 The terms and conditions of the independent contractor relevant to the Customer’s booking, including cancellation policies, apply to all such services (hotel accommodations, airline tickets, ground transportation, and shore excursions) booked, in addition to these Terms. These independent contractors’ terms and conditions are expressly incorporated into the contract between the Customer and the Company.

5.1.4 Detailed terms and conditions pertaining to the described services are available upon request.

5.1 SHORE EXCURSIONS

5.2.1 The all-inclusive cruise package comprises pre-determined shore excursions, with no provision for alternative options. The Company will exercise due care in selecting reputable Shore Excursion providers.

5.2.2 Some excursions may not be accessible to disabled Customers. Prior to booking, the Company advises Customers to inquire through the Website or its offices regarding the accessibility of desired excursions for disabled Customers. After obtaining necessary information from the Company about excursion suitability based on the Customer’s needs, it is the Customer’s responsibility to assess the suitability of shore excursions included in the all-inclusive cruise package for themselves and their companions.

5.2.3 Please note that published itineraries and schedules of shore excursions on the Website and in Company materials (including brochures) are indicative and subject to change. Changes to shore excursion itineraries and schedules may occur due to unavoidable circumstances beyond the Company’s control, such as weather conditions or operational requirements of service providers. The Company bears no liability for alterations or cancellations of shore excursions.

5.2.4 Customers have the option to purchase additional shore excursions online through the Website or onboard the cruise vessels.

5.2.5 Detailed terms and conditions regarding shore excursions are available upon request or can be found at www.NEONYX.com. The SHORE EXCURSION TERMS AND CONDITIONS are explicitly integrated into the contract between the Customer and the Company under these booking terms and conditions

6. ALTERATION BY THE CUSTOMER

Altering a booking after confirmation is generally not permitted except in special circumstances and subject to the Company’s absolute discretion. Such changes must be notified in writing immediately and an administration charge may be made.

7. CANCELLATION BY THE CUSTOMER

7.1 If for any reason the Customer wishes to cancel the cruise booked, the Customer must notify the Company in writing by recorded delivery at the address set out above or by email. Upon receipt of the Customer’s instructions, the Company shall issue a cancellation invoice and return any money due to the Customer.

7.2 Cancellation terms

The following charges are applicable to the cancellation of any Booking made by the Operator/Agency;

Period before departure notification of cancellation received by us Cancellation charge per person cancelling*

up until 30 days 25%

29 days and less 100%

Prices are inclusive and charged per person, encompassing any explicitly stated charges on the Website and the booking form (whether online or otherwise signed by the Customer). Prices may fluctuate; thus, it’s advised to verify the most up-to-date price of your holiday or trip at the time of booking.The above charges are upon the full fare of your package holiday. Any charges for additional travel services products and/or services not forming part of your all-inclusive package shall be fully refunded at the time of cancellation prior to sailing.

7.2 The Customer has the right to cancel the holiday contract before the start of the holiday without paying any cancellation fee in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the holiday, In such circumstances the Customer shall be entitled to a full refund or any payments made for the holiday, but shall not be entitled to additional compensation.

8. ALTERATION/CANCELLATION BY THE COMPANY

8.1 Cruises on the Website are planned several months in advance and despite efforts to keep to what is advertised it is sometimes necessary to make changes. The Company reserves the right at any time to alter or cancel any element of the cruise if the Master or the Carrier considers that such alteration or termination is for any reason whatsoever necessary for the good management of the vessel or the Carrier, or for reasons of unavoidable and extraordinary circumstances which shall include, without limitation, bad weather conditions, war or threat of war, riots, civil commotions, disasters, acts of God, actual or threatened terrorist activities, natural and nuclear disasters, fire, closure of ports, actual or threatened strikes or any industrial action, or any other event whatsoever outside the control of the Company. The Company shall not be liable for alteration or cancellation as a result of such events which are (i) attributable to a third party unconnected with the provision of the cruise or (ii) which are unforeseen or unavoidable or (iii) are due to unusual and unforeseen circumstances beyond the control of the Company, which could not have been avoided with due care or the Company could not have foreseen or forestalled.

8.2 The Company may cancel the Customers holiday contract and give a full refund to the Customers for any payments made for the holiday, without paying any additional compensation if the number of Customers booked do not meet the minimum numbers required for the cruise to depart on its itinerary and the Company notifies the Customers of the cancellation of the holiday contract no later than :-

  1. 20 days before the start of the holiday in the case of trips lasting more than 6 days
  2. 7 days before the start of the holiday in the case of trips lasting between 2 and 6 days

8.3 Where the Company is constrained before the departure to alter significantly an essential term of the contract including the price or cancellation is made prior to sailing, the Company will notify the Customer as soon as possible and give the Customer the following options:

  1. A full refund or any monies paid; or
  2. An alternative cruise of the same or greater value at no extra cost; or
  3. An alternative cruise of a lower value with a refund of the difference.

On receipt of these options the Customer must notify the Company as soon as possible of the Customer’s choice. An alternative cruise may be taken at any time within 12 months of the cancelled cruise. The Company shall refund the Customer within 14 days from the time the contract is at an end.

8.4 The Company accepts responsibility for providing all the elements of the advertised cruise but if it fails to provide what has been booked, the Customer must inform the Company or its representative without undue delay if the Customer considers that any of the services under the cruise holiday contract has not been performed in accordance with the terms of the contract. Failure by the Customer to notify the Company or its representative may be taken into account when determining any price reduction or compensation for damages where such notice would have avoided or reduced the damage.

8.5 The Company shall remedy any lack of performance of the services under the cruise holiday contract raised by the Customer unless:

  1. It is impossible to do so, or
  2. Will incur disproportionate costs, taking into account the extent of the any lack of performance and the value of the contractual service affected.

8.6 If after sailing a significant proportion of the cruise cannot be provided, the Company shall offer at no extra cost to the Customer, suitable alternative arrangements, where possible, equivalent or higher quality than those specified in the contract, for the continuation of the cruise and compensate the Customer for any difference in price.

If it is not possible to provide a suitable alternative or the Customer reject any alternatives, provided the Customer’s rejection is reasonable, the Company will provide the Customer with equivalent transport back to the place where the cruise commenced or another place which the Customer agree to and where appropriate, offer the Customer compensation

8.7 The Customer shall not be entitled to compensation if the Company proves that the lack of performance of the contract is attributable to the Customer, attributable to a third party unconnected with the provision of the travel services included in the holiday contract and is unforeseeable or unavoidable; or due to unavoidable and extraordinary circumstances.

8.8 The following are examples of significant alterations: an increase in the price of more than 8% and any alteration of elements that are fundamental to the enjoyment of the holiday when considered as a whole. In relation to this clause the following are not considered as significant alterations: (i) change of airline carriers, flight timetables and itineraries, provided the departure and arrival dates remain unchanged and the Customer may embark and disembark the vessel as scheduled; (ii) the substitution of the vessel; (iii) the modification of the itinerary of the cruise; (iv) a change of cabin or a change in hotel accommodation, providing that the cabin and/or hotel are in the same or higher category; (vi) changes to the programme of shows and other forms of entertainment on board the vessel.

8.9 If it is necessary for technical, operative or other good reason, the cruise operator and/or the Company may substitute the vessel with another vessel with similar characteristics. The exercise of this right is not a significant alteration as referred to in this clause.

8.10 The Carrier, and, on behalf of the same, the captain of the vessel, may also modify the itinerary of the cruise for reasons of unavoidable and extraordinary circumstances, or for reasons of the safety of the vessel or of navigation. The exercise of this right is not a significant alteration as referred to in this clause.

8.11 The list of examples given above which are not considered to be significant alterations of the Customers booking is not exhaustive and does not preclude the Company from treating other events as not being significant alterations.

9. TRAVEL INSURANCE

9.1 The Customer must ensure that the Customer have appropriate travel insurance for the entire duration of the Customer’s holiday to cover the Customer for cancellation including cancellation of the contract by the Customer cost of assistance, illness, death or personal injury, medical treatment, damage to and/or loss of luggage, repatriation.

10. LIABILITY

10.1 The Company accepts responsibility for providing all the elements of the advertised cruise but if it fails to provide what has been booked the Company is not liable if the reason is due to:

  1. The Customer’s fault or the fault of anyone named on the booking;
  2. the fault of a third party unconnected with this contract and is unforeseeable and unavoidable;
  3. unavoidable and extraordinary circumstances;

10.2 The Company’s liability is limited to and shall not under any circumstances exceed that of the Carrier under its Terms and Conditions of Carriage.

10.3 The limits of liability and the time for bringing claims pursuant to the Athens Convention are expressly incorporated into these Booking Conditions for the purpose of limiting the amount of Compensation payable by the Company.

10.4 The Athens Convention is an international Convention which governs the carriage of Customers and their luggage by sea as between a Carrier and the Customer. Under the Athens Convention liability for personal injury/death is limited. The Company’s liability is limited to 46,666 SDR’s (Special Drawing Rights) under the Athens Convention where applicable from 1 January, 2013 and/or to 400,000 SDR’s per Customer per incident based on the EU Regulation 392/2009 where applicable. The Company’s liability for loss of or damage to luggage is also limited and the Athens Convention and/or EU Regulation 392/2009 is limited to the amounts specified therein which makes special provision for valuables and specifies the time limits in which to bring a claim. The Athens Convention presumes that luggage has been delivered undamaged to the Customer unless written notice is given: (a) in the case of apparent damage, before or at the time of disembarkation or redelivery; (b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or re- delivery or from the time when such re-delivery should have taken place. The Customer are precluded from making a double recovery against the Company for any death or personal injury, loss or damage to luggage sustained during the cruise for which a claim has already been brought against another party, including, without limitation, the Carrier.

For claims for missing or damaged baggage the Customer must follow the rules on the back of their ticket or contained within the Carrier’s conditions of carriage. Please note, time limits apply within which to notify the Company or the Carrier and make a claim.

The Company will not accept liability for high-value items which the Customer should insure for the appropriate amount. If there are no applicable limits for luggage then the Company’s liability will be limited to 600 Euro per person.

10.5 In so far as the Company or the Carrier may be liable to a Customer in respect of claims arising out of carriage by sea, the Company and or the Carrier shall be entitled to all the rights, defence, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in this Agreement shall be deemed as a surrender thereof. To the extent that any provision in this Agreement is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further.

10.6 Notwithstanding anything to the contrary elsewhere in this Agreement, the Company shall not in any circumstances be liable to Customers or anyone in their party for any loss or anticipated loss of profit, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability the Company may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Customer paid for the Contract not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then the Company’s liability will not exceed 600 Euro. The Company will not at any time be liable for any loss of or damage to valuables of any nature. The use of safes on board is not a deposit with the vessel under the Convention or the Regulation.

If any international convention applies to or governs any of the services or facilities included in the Customers Booking arranged or provided by the Company, or provided by any of the Company’s suppliers, and the Customer makes a claim against the Company of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, the Company’s liability to pay the Customer or any member of the Customer’s Booking Group compensation and/or the amount (if any) of compensation payable to the Customer or any member of the Customer’s Booking Group by the Company will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include in respect of carriage by sea the PLR and where applicable, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. The Company will provide the Customer with copies of the relevant conventions if the Customer asks the Company. This means that the Company will be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other international conventions applicable to the Customers Booking and are incorporated by reference into these booking terms and conditions.

11. Health

11.1 The Customer warrants that he/she and all travelling on the booking are fit to travel. Any Customer with any medical condition that may affect fitness to travel must submit a physician’s certificate prior to booking.

11.2 The Company, the local Port Authorities and/or the Carrier shall be entitled to administer a Public Health Questionnaire on their own behalf at any time. The Customer shall supply accurate information regarding any symptoms of illness including but not limited to gastrointestinal illness. In relation to travel by sea and/or by air, the Carrier may deny boarding to any Customer that it considers in its sole discretion to have symptoms of any viral or bacterial illness including but not limited to Norovirus. Refusal by a Customer to complete the relevant questionnaire may result in denied boarding.

11.3 Carriers by sea may refuse travel to any Customer that they consider is unfit for travel, or likely to endanger health or safety or likely to be refused permission to land at any port or render the Carrier liable for maintenance of Port or repatriation. These matters are set out more fully in the Carrier’s Conditions of Carriage.

11.4 Carriers by sea may require the Customer to remain in his or her cabin for reasons of health and safety.

11.5 Since the cruise vessels on which holidays are offered are not equipped for assistance during pregnancy or childbirth, bookings cannot be accepted from Customers who, are or will be 24 weeks pregnant at any stage of the cruise. The Customer’s attention is drawn to the section headed “Medical treatment” below and to the Terms and Conditions of Carriage of the Carrier. The Company is not liable and takes no responsibility if the vessel and or the doctor are unable to provide necessary treatment. The doctor on board is not qualified to deliver babies or give pre or post-natal treatment.

12. DISABILITY AND SPECIAL REQUIREMENTS

12.1 The Customer is asked to provide full details at the time of booking if the Customer or any Customer travelling in the Customer’s booking has reduced mobility in order that the Company can consider whether the cruise holiday is generally suitable for persons with reduced mobility. The Customer are asked to provide full details at the time of booking if the Customer or any Customer travelling in the Customer’s booking is unwell, infirm, Disabled or has Reduced Mobility, if the Customer/or any person travelling in the Customer booking have any special seating requirements and/or if the Customer/or any person travelling in the Customer’s booking need to bring any medical equipment on board. It is the Customer’s responsibility to notify the Company prior to booking if the Customer or any person in the Customer’s booking need to have medical equipment on board so that the Company can ensure that the medical equipment can be carried and/or carried safely.
The Customer are asked to provide full details at the time of booking if the Customer/or any person travelling in the Customer’s booking needs to bring a recognized assistance dog on board the vessel. Please note that assistance dogs are subject to national regulations.
Where the Company considers for the safety and comfort of the Customer or any person travelling in the Customer’s booking that it is strictly necessary it may require a Disabled Person or Persons with Reduced Mobility to be accompanied by another person who is capable of providing the assistance required by the Disabled Person or Person with Reduced Mobility. This requirement will be based entirely on the Company assessing the Customer or any person travelling in the Customer booking on the grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary.

12.2 If The Customer or any person travelling in the Customer’s booking have any particular conditions, Disability or Reduced Mobility which require personal care or supervision then such personal care or supervision must be organized by the Customer and at the Customer’s expense. The vessel is unable to provide respite services, one- to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.

12.3 Animal Prohibition: Pets, birds, livestock, and any other animals are strictly prohibited on board NEONYX CRUISES vessels.

Service Animal Allowance: Guests with disabilities or reduced mobility may bring their registered assistance dog on board, provided they comply with all applicable requirements, including those mandated by the guest’s country of residence. Guests must inform NEONYX CRUISES at the time of booking if they intend to bring a registered assistance dog.

Exclusion of Comfort Animals: Dogs serving solely to provide comfort or emotional support do not qualify as service dogs and will not be allowed on board.

Public Space Access: Guests with disabilities are permitted to access the ship’s public spaces accompanied by their service animals. Service animals must be on a leash, harness, or other restraining device while in public areas. Service animals are not permitted in pools, whirlpools, or spas due to health regulations.

Responsibility of Owners: The care and supervision of the service animal are the sole responsibility of the owner. NEONYX CRUISES does not provide food or care for service animals. Service animals are not permitted to be left unattended inside the cabin.

Relief Stations: Designated service animal relief stations are available onboard. Guests can obtain information about these stations by contacting Special Services.

Import Permits: Guests traveling with a service animal must obtain the required import permits as per the regulations of each country visited. Permits for each port of call must be submitted to NEONYX CRUISES prior to sailing.

Documentation Requirement: Guests must carry the original documents required by each port and have them available at all times. Guests should contact NEONYX CRUISES as soon as possible to discuss required documentation, relief areas for animals, and the availability of shore excursions.

Damages: Any damage caused by a service animal to cabins will be charged to the handler/occupant’s account.

12.3 If after careful assessing the Customer or any person travelling in the Customer’s booking their specific needs and requirements, the Company concludes that the Customer or that person cannot be carried safely and in accordance with applicable safety requirements then the Company can refuse to accept a booking or embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety

13.3 The Company reserves the right to refuse to carry the Customer or any person travelling who has failed to adequately notify the Company of any Disabilities or needs for assistance in order for the Company to make an informed assessment that The Customer can be carried in a safe or operationally feasible manner on the grounds of safety. If the Customer or the person travelling in the Customer’s booking do not agree with a decision of the Company, then the Customer/they must provide a complaint in writing with all supporting evidence to the Company and the matter will be considered by a Senior Manager.

13.4 The Company reserves the right to refuse to carry the Customer or any person travelling in the Customer’s booking who in the opinion of the Company and/or the Carrier is unfit for travel or whose condition may constitute a danger to themselves or others on the Cruise on the grounds of safety. For the Customer’s safety and comfort, if the Customer or any person in the Customer’s booking become aware between the date of booking the Package and the date of commencement of the Package that the Customer or they will require special care or assistance as detailed above then the Customer/they are asked to inform the Company immediately so that Company can make an informed assessment whether or not the Customer or any person travelling in the Customer’s booking requiring such special care or assistance can be carried in a safe or operationally feasible manner.

13.5 The vessels may have a limited number of cabins suitable for mobility reduced persons or disabled persons. Not all areas of the vessels are accessible to disabled persons and/or specifically equipped to offer disabled access. Therefore, all bookings for disabled persons are subject to the availability of suitable accommodation and, if appropriate, subject to the presence of an attendant/companion who is able to assist the disabled person. Those Customers confined to wheelchairs must furnish their own standard size wheelchair. The Company accepts no obligation to arrange alternative activities on board or on land for disabled Customers, or any responsibility for the partial or total inability of any disabled Customer to take advantage of advertised services or activities during the Holiday.

13.6 The Company will do its best to meet Customers’ special needs or requirements, medical, dietary or otherwise but such requests do not form part of the contract and therefore the Company cannot be liable for not providing these.

14. MEDICAL TREATMENT

14.1 The Customer must ensure that the Customer have a fully comprehensive travel health insurance policy covering medical treatment and repatriation. Customers with medical history or problems are advised to seek advice from their doctor before travelling.

14.2 Whilst medical facilities are provided on board cruise vessels, the Customer must take into account that the ship’s doctor is not a specialist and the ship’s medical centre is not required to and is not equipped to the same standards as a land-based hospital but to provide general medical care. Vessels carry medical supplies and equipment in accordance with flag state requirements. Thus, neither the Company nor the Carrier or the doctor shall be liable to the Customer as a result of any inability to treat any medical condition on board. The Customer acknowledges that whilst there is a qualified doctor onboard it is the Customer’s obligation or responsibility to seek medical assistance if necessary during the cruise.

14.3 Before departure, Customers should seek appropriate advice regarding vaccines or other medicines, or precautions required for the countries they are going to visit. The Customers must have with them all relevant vaccine certificates.

14.4 In the event of illness or accident Customers may have to be landed ashore by the Carrier and/or Master for medical treatment. Neither the Company nor the Carrier makes any representations regarding the quality of medical treatment at any port of call or at the place at which the Customer is landed. The Company and the Carrier do not accept any responsibility whatsoever in relation to medical facilities provided ashore.

14.5 Medical facilities and standards vary from port to port. The Company and the Carrier make no representations or warranties in relation to the standard of medical treatment ashore.

15. CUSTOMER DUTIES

15.1 Customers’ behaviour must not compromise the safety, peace and enjoyment of the cruise by the other Customers. Customers must act prudently and follow all instructions issued by the Company and/or Carrier and comply with any administrative or statutory regulations that apply during their holiday.

15.2 Customers must not bring live animals, firearms and ammunition, explosives, or inflammable, toxic or dangerous substances on board any vessel.

15.3 Customers shall be liable for any damage suffered by the Company and/or Carrier and/or any supplier of any service that forms part of the Holiday as a result of the Customer’s failure to comply with this clause. In particular, the Customer shall be liable for all damage caused to the vessel or to its furnishings and equipment, for injury or loss to other Customers and third parties, and also for all penalties, fines and expenses attributable to the Customer that the Company, the Carrier or supplier may be liable to pay to the port, customs, health or other authorities of any country whatsoever.

15.4 The Customer must provide the Company with all documents and information in his/her possession that may be needed by the Company to exercise a right of subrogation for the Customer towards third parties that may be liable for any loss suffered by the Customer. The Customer is liable to the Company for any prejudice to the right of subrogation caused by failure to comply fully with this clause.

15.5 Customers must provide the Company with all information it requests to allow it or any suppliers of services that make up the Holiday to fulfill their obligations relating to security.

16. TRAVEL DOCUMENTS

16.1 It is the Customer obligation to have a valid passport, visas, medical cards and any other documents necessary for the scheduled ports of call and disembarkation. Some countries outside of the EU require a passport to have a certain period of validity left on it, such as 6 months, or blank pages Proper and valid and in full force travel documentation and eligibility to travel is required at the time of embarkation and throughout the cruise. It is the Customer’s sole responsibility to ensure his/her eligibility to travel and that he/she has all the necessary and valid travel documents to be able to travel and conclude the cruise booked. If the Customer fails to obtain all necessary and valid documents, embarkation onboard the vessel shall not be permitted and full cancellation fees shall be charged and the Customer will not be entitled to any refund of the cruise rate whatsoever. Customers are advised to check with their travel agent or the appropriate governmental authority in the Customer’s country, in order to obtain information on any required visa and any other documents that they may require for their holiday or trip. Customers should fully inform the said authorities in detail in respect of the countries that the Customer shall visit to check whether the Customer will require a visa or if they would need to comply with certain health formalities.

16.2 Under no circumstances shall the Company be responsible in any manner whatsoever, including for any costs, damages etc suffered by the Customer as a result of denial of boarding or even denial of disembarkation by the relevant authorities due to Customer’s failure to comply with the requirements under clause

16.3 If the Company and/ or the Carrier has to pay a fine in this connection the Customer will be required to reimburse them.

17. COMPLAINTS

Subject to clause 9.2 above any complaints must be made in writing to the Company and sent to 11 ….

18. JURISDICTION

18.1 Any action, suit or proceedings against the Company or its employees (excluding any action under the Athens Convention which may be brought in any of the courts specified in Article 17 of the Athens Convention) shall, unless the Company expressly agrees otherwise in writing, be brought in the Courts of Nicosia, Cyprus.

18.2 Other than in respect of death and personal injury, every claim must be notified to the Company in writing within 6 months from the date on which the claim arose, and any action (not subject to the Athens Convention) must be commenced within one year from that date, failing which the Company shall be under no liability to the Customer whatsoever.

19. THE CUSTOMER’S FINANCIAL PROTECTION

19.1 CRUISES

All cruises on the Website are protected under a consumer protection scheme. In the unlikely event of the Company’s insolvency, appropriate measures shall be taken to refund any money the Customer has paid to the Company.

20. DATA PROTECTION OF DATA SUBJECT

20.1 In order to process the Customers booking and to ensure that the Customers travel arrangements run smoothly and that the Company comply with its legal obligations to perform its holiday contract with the Customers the Company requires the Customer to provide personal data relating to all persons travelling on the booking, including children (data subjects). The Company shall collect such personal data in accordance with its privacy and data protection policies [this can be found at www.NEONYX.com] in accordance with relevant data protection laws including Regulation (EU) 2016/679 which applies from 25 May 2018.

20.2 Personal data means any data relating to the data subject, such as name, e-mail, postal address, date of birth, nationality, passport or ID number, bank or credit card details, biometric data for the purpose of uniquely identifying the Customers, data concerning health for the purposes of monitoring and alert purposes, the prevention or control of communicable diseases and other serious threats to health, including any special needs/dietary requirements, name and communication details of a person to contact in case of an emergency Sensitive data includes racial or ethnic origin and religious beliefs.

20.3 In accordance with its policies the Company shall only seek such personal data as is necessary to comply with its legal obligations (for example immigration and governmental requests) or to perform its contract with the Customers safely which includes information relating to medical conditions, reduced mobility or any disability which may be relevant to providing appropriate facilities and or assistance or assessing whether the holiday or any element provided is safe and suitable. Such personal data the Customers shall provide to the Company may be stored, used, disclosed by transmission or otherwise made available to other suppliers or third parties in order to enable the Company to perform different parts of its contract with the Customers.

The Company will only process any data about the Customers that is relevant and necessary and where the Company is required to pass the information on to the relevant suppliers of the Customers travel arrangements such as airlines, hotels, transport companies covering various components of the Customers holiday with the Company. The Customers personal data may be required and provided to security or credit checking companies, public authorities such as customs/immigration or as required by law.

20.4 The Company will take full responsibility for ensuring that proper security measures are in place to protect the Customers personal data, including the security measures of any company or person processing the Customers personal data on the Company’s behalf. Additionally, where the Customers holiday is outside the European Union (EU), controls on data protection in the Customers destination may not be as strong as the legal requirements in the EU. However, the Company will only transfer the Customers personal data to a third country or an international organization only if the third country or international organization processing the Customers personal data has provided appropriate safeguards, and on condition that the Customers rights and legal remedies in respect of his/her data are available.

20.5 The Company will not pass any of the Customers personal/sensitive data onto any person who is not responsible for any part of the Customers travel arrangements and the request for the personal/sensitive data is not necessary for the performance of the Customers contract with the Company. The Company will retain the Customers personal data in its archived system for up to 7 years from the last use of such personal data to allow the Company to comply with its legal obligations relating to the bookings and for the additional purpose of defending any legal action brought against the Company in relation to the Customers contract with the Company. The Company will only keep the Customers personal data for as long as it is necessary or is required by law.

20.6 The Customer is entitled to seek access to personal data held by the Company in accordance with the Company’s policies and to ask the Company to rectify any inaccurate personal data concerning the Customer or to delete sensitive data subject to the policy and any legal basis on which the Company may object. Customers may obtain a copy of the personal information held about himself/herself by contacting ……

20.7 It is the Customer’s responsibility to make sure that information which we hold about the Customer is up to date and accurate. Failure to do so will be a breach of the Terms.

21. IMPORTANT INFORMATION

  • Dress Code in the dining rooms: As most of the Customers like to dress up for dinner it is advisable for ladies to wear a dress or long slacks and long trousers with shirt or jacket for men. Please refrain from wearing shorts.
  • Optional excursions, expenditures of a personal nature, snacks, medical expenses, port charges and other services are not included in the price of the cruise.
  • Gratuities are charged directly on the Customer account. They are distributed equally among the crew and concern the services provided by the Customer cabin stewards, dining room staff and maître d’hôtel staff. We therefore recommend that the Customer do not offer any gratuities to individuals.
  • For the comfort of all our guests, pipes and /or cigars are not to be smoked in cabins, waste convenience areas and public areas on board the ship, except on open decks. Cigarette smoking is allowed only in designated areas in our public rooms. The dining rooms have been declared as non-smoking areas.
  • The currency on board is the Euro. Foreign exchange facilities are available at the Purser’s office.
  • Any complaints and/or claims must be reported to the reception on board and the relevant form must be filled in and signed by the Customers before disembarkation.
  • Transportation of Passengers, luggage and effects is subject to all the terms and conditions of the Contract of Carriage (i.e. Passenger Ticket) issued by the Carrier and available for inspection together with the text of the Athens Convention The Customer by accepting and/or using and/or travelling under the terms and conditions of the Contract of Carriage accepts all conditions set out there in whether or not the Customer Ticket has been delivered to him or her or to a third party.

Lost and Found

Any jtem left by the passenger on board the vessel shall be retained by the Carrier for a period of 6 months after which the Company shall have the right to donate the item to a recognized charity.

22. PASSENGER BILL OF RIGHTS

All persons booking a cruise with the Company should be aware of the applicability of the Passenger’s Bill of Rights (available on the Website)

24. PASSENGER BILL OF RIGHTS

The Members of the Cruise Lines International Association are dedicated to the comfort and care of all Passengers on oceangoing cruises throughout the world. To fulfill this commitment, our Members have agreed to adopt the following set of Passenger rights:
24.1 The right to disembark a docked ship if essential provisions such as food, water, restroom facilities and access to medical care cannot adequately be provided onboard, subject only to the Master’s concern for Passenger safety and security and customs and immigration requirements of the port.

24.2 The right to a full refund for a trip that is canceled due to mechanical failures, or a partial refund for voyages that are terminated early due to those failures.

24.3 The right to have available on-board ships operating beyond rivers or coastal waters full-time, professional emergency medical attention, as needed until shore side medical care becomes available.

24.4 The right to timely information updates as to any adjustments in the itinerary of the ship in the event of a mechanical failure or emergency, as well as timely updates of the status of efforts to address mechanical failures.

24.5 The right to a ship crew that is properly trained in emergency and evacuation procedures.

24.6 The right to an emergency power source in the case of a main generator failure.

24.7 The right to transportation to the ship’s scheduled port of disembarkation or the Passenger’s home city in the event a cruise is terminated early due to mechanical failures. *

24.8 The right to lodging if disembarkation and an overnight stay in an unscheduled port are required when a cruise is terminated early due to mechanical failures.

24.9 The right to have included on each cruise line’s website a toll-free phone line that can be used for questions or information concerning any aspect of shipboard operations. **

24.10 The right to have this Cruise Industry Passenger Bill of Rights published on each line’s website.