Carnival Australia Travel Agent Terms

This document contains the terms and conditions (“Terms”) under which an appointed travel intermediary (“you” and “your”) acts as an approved travel agent of Carnival plc (ABN 23 107 998 443) trading as Carnival Australia and/or Carnival plc (Company number 1471215) trading as Carnival New Zealand (together, "Carnival Australia”, “WLCL”, “we”, “us” or “our”) of Level 5, 465 Victoria Avenue, Chatswood NSW 2067, Australia. 

Background

  1. Carnival Australia encompasses the passenger cruise ship brands P&O Cruises Australia, Princess, Carnival Cruise Line, Holland America Line, Cunard, P&O Cruises (World Cruising) and Seabourn in the Australian and New Zealand markets.

  2. The house of brands operating under the Carnival Australia and Carnival New Zealand banners are referred to collectively within the trade (amongst travel agents) as World’s Leading Cruise Lines or “WLCL”;

  3. Each of the WLCL brands sell passenger cruises, cruise tours and related services in Australia and New Zealand (the “Products”).

  4. You are an Australian or New Zealand based travel intermediary and you wish to sell the Products in the Australian and/or New Zealand markets as an agent for Carnival Australia.

  5. You agree to the sell the Products in the Australian or New Zealand market as our agent on the Terms set out below.

  1. Approval and Registration to use this Site and POLAR Online

    1. You may apply for access to use this Site and to become a registered agent of Carnival Australia by:
      • Uploading a current version of one of either an IATA Accreditation, TAIFI Certificate of Currency or ATAS or TAANZ Accreditation number; and
      • By reading, agreeing and ticking “I agree” in the box next to the link to these Terms.
    2. Once you have clicked “I agree” and your application for registration has been approved by us, you, your staff and sub-agents are bound by these Terms.
    3. If you do not agree to these Terms then do not click “I agree” and do not use this Site.
    4. For existing Agents who have already accepted these terms (which are amended as of May 2018, as set out in the important information update email sent to you on 21 may 2018), no further box ticking is required and your continued use of the Site and POLAR Online indicates your continued acceptance of these Terms.
    5. We may further revise these Terms at any time by updating this page, and your continued use of the Site and POLAR Online signifies your continued acceptance of the Terms. It is up to you to check www.wlcl.com.au and www.wlcl.co.nz periodically to keep informed about any changes that may have been made.  If you do not agree to a change we make, you may terminate these Terms by giving us notice of such termination in accordance with clause 24(c).
  2. Order of Precedence

    Some of the Carnival Australia brands have their own Travel Agent Policies which appear on their trade specific websites hosted both here and overseas (eg: www.goccl.com.au and www.onesource.com.au). To the extent of an inconsistency between a particular brands’ Travel Agent Policy (as they pertain to the AU or NZ market) and these Terms, these Terms will prevail.

    If you are a party to an individual Travel Agent Agreement with Carnival Australia or one of the individual Carnival Australia brands in the AU or NZ market, to the extent of any inconsistency between your Travel Agent Agreement and these Terms, the provisions of your Travel Agent Agreement prevail.

  3. Definitions

    In these Terms:

    Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended, the Commerce Act 1986 (NZ) as amended, or any similar act of another applicable jurisdiction. 

    Carnival Australia means Carnival Australia plc (ABN 23 107 998 443) trading as Carnival Australia and Carnival plc (company number 1471215) trading as Carnival New Zealand.

    GST Act means A New Tax System (Goods and Services Tax) Act 1999 as amended, the New Zealand Goods and Services Tax Act 1985 as amended, or any similar act of another applicable jurisdiction.

    Commissionable Revenue means for each booking the actual cruise or cruisetour fare paid to Carnival Australia including cancellation charges retained by Carnival Australia but excluding the Non-Commissionable Items.

    Customer and Passenger means a person on whose behalf a booking to purchase a Product is made.

    Data Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Information.

    Data Processor means a natural or legal person, public authority, agency or other body which processes Personal Information on behalf of the controller.

    Data Protection Law means the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Spam Act 2003 (Cth), the EU General Data Protection Regulation (UK) 2016 (to the extent applicable to your business and its activities), the Privacy Act 1993 (NZ), and all other applicable laws and regulations from time to time in force relating to data protection, privacy and the processing of Personal Information.

    GST has the same meaning as in the GST Act and includes any similar value added tax of another applicable jurisdiction.

    Materials means all marketing and promotional materials provided or made available by Carnival Australia to You (or to the public) to assist You sell the Products.

    Non-Commissionable Item includes:

    1. all government fees, taxes and charges (including port charges) and fuel supplements;
    2. any refund or part-refund provided by Carnival Australia to a passenger for a cancelled or modified booking; and
    3. any part of a cruise fare on which Carnival Australia does not pay commission, as set by Carnival Australia in the applicable booking system at the time of each booking.

    Passage Contract means each brands’ booking and passage terms which govern each brands’ passage of passengers on its vessels, available online at:

    POLAR Online is the booking engine accessible from this Site and via other avenues, on which bookings and payments are made by you on behalf of  Passengers for the Products. You will be given a separate login and password for POLAR Online.

    Products means passenger cruises, cruise tours and related services provided by a Carnival Australia brand.

    Prescribed Payment Facilities means any payment facilities made available to you by Carnival Australia from time to time which facilitate payments to Carnival Australia for the Products.

    Site means this WLCL site, which is used to access POLAR Online, and any information transmitted to and from the Site.

    Term means the term described in clause 24.

    You and Your means the travel intermediary (including all staff and sub-agents) whose application for registration to use this Site has been accepted by Carnival Australia.

  4. Your Site account and POLAR online account information

    You are responsible for maintaining the confidentiality of your Site and POLAR Online account information and password. You agree to accept responsibility for all activities that occur with regards to your accounts or passwords. You represent that You are over the age of 18 years and are able to create binding legal obligations in respect of any liability you may incur as a result of your use of the Site or POLAR Online. You understand that You are financially responsible for all uses of this Site and POLAR Online, by you and those using your login information.

  5. Appointment

    1. Subject to these Terms, Carnival Australia appoints you as a non-exclusive retail sales agent to sell our Products in Australia and/or New Zealand for the Term, but only to the extent provided in clause 5(b) below.
    2. Your appointment as a retail sales agent is strictly limited to you:
      1. marketing and selling the Products in accordance with these Terms and the Materials; and
      2. entering into contracts with customers for the Products in accordance with these Terms and any booking terms specified by Carnival Australia from time to time (including each brands’ Passage Contract); and
      3. collecting payments from customers for the Products on Carnival Australia’s behalf and remitting those funds to Carnival Australia in a timely manner (and in any case not later than is prescribed by Carnival Australia in any materials), without set-off or deduction, except for deduction of a base commission.
    3. The agency appointment described above is non-exclusive, and Carnival Australia may also appoint other parties to this status.
    4. Except as expressly set out in clause 5(b):
      1. you remain at all times an independent contractor and nothing in these Terms constitutes or creates any relationship of employment, joint venture, franchise, trust or legal partnership between you and Carnival Australia, or makes you a partner, agent, employee or representative of Carnival Australia; and
      2. you must not act for or legally bind Carnival Australia.
    5. You must not represent or hold yourself out (whether directly or indirectly) as being an agent for Carnival Australia in any other respect other than as expressly set out in clause 5(b).
    6. Any other obligations under these Terms are to be performed by you in your own capacity and not as Carnival Australia’s agent.
  6. Your Obligations

    1. You may not use our brand names or images otherwise than as authorised under these Terms.
    2. You will have and maintain suitable retail outlet premises and/or internet facilities, administration equipment, storage space and display space to enable you to fulfil your obligations under these Terms.
    3. If you are ATAS or TAANZ Accredited you will comply with the ATAS or TAANZ Codes of Conduct in any dealing with us or Passengers on our behalf, under these Terms.
    4. You will not on Carnival Australia’s behalf:
      1. extend or promise to extend credit to any person;
      2. enter into any contracts or other binding commitments other than contracts for the sale of the Products; or
      3. incur any other liabilities.
    5. You will keep full, proper and up to date books of accounts and records showing clearly all enquiries, transactions and proceedings relating to the sale of our Products and will, at our discretion, promptly supply these to us on request.
    6. You are prohibited from selling any Products on to third parties who intend to re-sell the Product without our prior written consent.  You are also prohibited from transferring any bookings made by you under these Terms to a third party, unless you have obtained our prior written agreement.
    7. You are prohibited from marketing or selling the Products to customers residing outside of Australia and/or New Zealand, unless you have obtained our prior written consent. Residence will be determined based on a customer's primary residence. In the event of any violation of this clause, Carnival Australia will not pay any commissions of any kind on such bookings, nor will revenue from such bookings be included in any growth goal programs, competitions or incentives. Repeat violations may result in the immediate suspension of your POLAR Online account.
    8. You will comply with the requirements of the Payment Card Industry Data Security Standards ("PCI DSS"), as applicable, and any modifications to or replacements of such programmes from time to time, or maintain compensating controls that satisfy the PCI DSS whilst implementing a plan to become compliant with the current version of the PCI DSS. You shall also ensure that all third parties to whom you provide payment card details, comply with the requirements of those programmes or maintain compensating controls that satisfy the PCI DSS whilst implementing a plan to become compliant with the current version of the PCI DSS.
    9. You are prohibited from consolidating sales of our Products without our prior written approval (which may be provided in a separate Travel Agency Agreement).  Specifically, consolidating sales with other travel agents or sales offices for the purpose of earning commissions or other payouts or earning tour conductor credits for group business is strictly prohibited.
    10. You will promptly provide reasonable evidence of the financial state of your business upon request.  If, on the basis of this evidence we are not satisfied that your business is not insolvent, or you fail to provide us with such evidence, we reserve the right to suspend your POLAR Online account.
  7. Our obligations

    1. We will supply you at our discretion with the Materials to enable you to promote and sell our Products. You may not copy, amend, adapt or use the Materials for any purpose without our prior consent.
    2. We will endeavour to ensure that our Materials and any other written information are accurate.  We will tell you as soon as possible of any material changes to our Materials or other information.
    3. We will endeavour to deal promptly with booking queries or complaints you tell us about.
    4. We may from time to time supply you with additional information to help you train your staff.
  8. Promotion and Advertising of the Products

    1. When advising customers on their choice of holiday, you must only describe the Products in accordance with, and make representations about the Products that are contained in the Materials provided to you.
    2. You will refer to Carnival Australia any request for information about the Products which you cannot answer.  Carnival Australia will use all reasonable endeavours to promptly answer any Product questions and you agree to accurately relay any responses Carnival Australia provides.
    3. If Carnival Australia issues a refund or part-refund of a cruise or cruisetour fare to a passenger, you must ensure that such refunds are promptly passed on to the passenger in full without set-off or deduction.
    4. During the Term you agree to and warrant that you will: 
      1. market and sell the Products only in accordance with these Terms, the Materials and any reasonable directions given by Carnival Australia from time to time within the scope of these Terms including but not limited to, all of Carnival Australia’s then-current advertising policies, sales policies and general terms and conditions of sale including deposit, final payment, and cancellation policies, as well as all elements of Carnival Australia’s then-current Group Sales Policy (Select Sailings) for group business.  Carnival Australia reserves the right to change, supplement, or modify any of its policies including, but not limited to, the above referenced terms and conditions and the Group Sales Policy by providing You with reasonable notice and You agree to comply with the same as amended;
      2. market and sell the Products and enter into contracts with passengers on our behalf :
        1. in a safe and efficient manner;
        2. dutifully and in good faith;
        3. using due care and skill; and
        4. applying sound commercial principles.
      3. promptly notify us if there is a significant change in ownership or management of your entity;
      4. act at all times in compliance with all applicable standards, awards, laws and regulations;
      5. carry out any instructions we give you for handling bookings and dealing with customers from time to time;
      6. not use any of our Intellectual Property (such term includes but is not limited to trade marks or trade names we own or which are licensed, whether registered or unregistered; copyright in images, logos, pictures we own or are licensed; registered and unregistered design rights; or brand get up or colour scheme) in any way which is not authorised by us in writing in advance (whether within any brand guidelines or intellectual property policy we may issue from time to time; as detailed on each brands’ relevant trade site; or otherwise).  You specifically undertake to promptly comply with our policy on such matters from time to time, once made available to you;
      7. not do anything which may damage our reputation, the reputation of our Products or the goodwill in any or all of our brand names;
    5. You are liable for:
      1. any advertising or promotional material that has not been approved by Carnival Australia, including circumstances where you have not implemented changes to marketing and promotional material required by Carnival Australia; and
      2. those parts of advertising or promotional materials that do not relate to Carnival Australia, its Intellectual Property or the Products.
    6. It is the policy of Carnival Australia to advertise the complete cruise fare.  No reference may be made to additional taxes or “port charges” or anything similar thereto in your advertising or pricing statements.  You may include a statement to the effect that government fees and charges are subject to change.  Fuel supplements may not be applied to existing bookings.  If charged by Carnival Australia, a fuel supplement must be included as part of the complete cruise fare and not listed separately.
    7. You will familiarise yourself with and keep yourself familiar with the Terms for all Products as set out in the Materials from time to time, including (without limitation) each brands’ Passage Contract which can be found at the back of each brand's then current brochure and online at the home pages of each brand as specified in the Definitions section above.
    8. You will ensure that you familiarise customers with each brands’ Passage Contract prior to completing the relevant booking.
  9. Booking Procedure

    1. Before taking a booking from a customer you will:
      1. provide the customer with accurate information about the cruise they want to book (which as a minimum must include the information found in the relevant brochure, materials or on one of our consumer facing websites);
      2. advise the customer of any other information about the cruise which may affect its suitability for them – for example, taking into account any disability or special need made known to you;
      3. ensure that the lead or booking customer is at least 18 years old;
      4. tell the customer about any relevant amendments to the brochure or other information which we have communicated to you; and
      5. tell the customer that the cruise is governed by the relevant Passage Contract contained on our websites and in our brochures. Explain the material terms at a minimum, as they are specifically set out in the brochure and on our website as follows:
        1. payment terms (including the fact that bookings are not confirmed until a deposit payment is received by us, and the due date for payment of the final instalment);
        2. the passport, visa and health requirements of the cruise;
        3. a recommendation that the customer obtain comprehensive, international travel insurance; and
        4. the relevant  cancellation terms.
    2. To take a booking from a customer you will:
      1. ensure that the customer provides you with all information necessary for the booking and ensure that the information provided to us is, to the best of your knowledge, correct; Without limitation, you undertake to ensure that all Personal Information (as defined under Data Protection Law) provided to us is transferred to us in accordance with a valid, legal basis for processing, pursuant to Data Protection Law, and that it is accurate, true and complete. You undertake to notify us and correct any incorrect, untrue or incomplete Personal Information promptly and in accordance with Data Protection Law;
      2. tell the customer that by authorising you to make a booking by phone or on screen they are accepting the terms of the relevant Passage Contract in the brochure and on our website;
      3. use your best endeavours to ensure all customers take out suitable travel insurance at the time of making a deposited booking, noting that Medicare does not cover a passenger while on a cruise, including a domestic cruise;
      4. ensure that all customers are encouraged to use the online ‘Cruise Personaliser’ or other online check-in tool prior to embarking on each cruise; and
      5. make the customer aware that the Passage Contract between that customer and us is only formed upon our receipt of the deposit (which may be the full cruise fare depending on how late the booking is made, or  the particular promotion at the time).
  10. Amendments, cancellations and complaints

    1. If a customer wishes to amend or cancel a booking you will:
      1. advise the customer of any applicable charges under our booking conditions;
      2. promptly update us via our systems;
      3. as appropriate, procure the collection of any applicable charges and/or procure the collection of the balance of any payment due to us for the cruise.
    2. You will tell us promptly, giving full details, if a customer makes any complaint or claim in respect of our cruise that you cannot settle independently.  We will deal with any such complaints promptly.
  11. Payment

    1. You agree that:
      1. unless otherwise agreed in writing by Carnival Australia, if one or more Prescribed Payment Facilities are made available to you, you will only use those Prescribed Payment Facilities when selling Products to customers; and
      2. Carnival Australia reserves the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by Carnival Australia within any required timeframes.
    2. If you fail to procure the payment by the customer of an amount due to us by the date due for payment by the customer we:
      1. may treat that payment as a debt due to us from you if you have not previously given us notice that the payment is going to be late; and
      2. reserve the right to contact the customer direct to establish why the sums are outstanding.
    3. If you have bona fide reasons to dispute that you owe any part of the amount we say you owe to us or we owe to you, you must promptly and in any event within 14 days of receipt of the relevant statement give us full details of the amount you dispute with your reasons for disputing it is owed. Where we agree the item and amount disputed, we will amend our records as soon as reasonably practicable. Where we do not agree the item or amount disputed both parties shall use their reasonable endeavours to promptly settle the matter by negotiations in good faith.
    4. You shall not pledge, cede, promise or otherwise transfer to a third party any claims to monies due to you or us, but not yet collected, for a cruise or ancillary services under these Terms, including applicable commission which you are entitled to claim under these Terms.
    5. In the event that you become insolvent (as defined below), then all monies due to us in connection with these Terms shall become immediately due and payable.
  12. Commission

    1. Subject to these Terms you are entitled to retain a base commission on the Commissionable Revenue earned on the sale of our Products.
    2. Unless the terms of your Travel Agent Agreement specify otherwise, consolidating sales across more than one Outlet for the purpose of enhanced tour conductor credits is strictly prohibited.  Carnival Australia reserves the right to terminate these Terms if You are found to engage in these practices. 
    3. For the avoidance of doubt, base commission will not be payable on any Non-Commissionable Item.
    4. If these Terms are suspended or terminated for any reason you will only be entitled to commission provided that you have complied in full with your duties as our agent under these Terms.  We shall be entitled to set any sum which represents commission or any other monies owing to you off against sums which you owe to us and we shall be entitled to retain any commission for a reasonable period following suspension or termination of these Terms to enable a proper assessment of your liability to us to be made.  If you do hold any customer monies, these shall promptly upon request be remitted to us without deduction of commission.
    5. We may recover from you as a debt (or set off against any sum owed to you) any commission which we have paid to you but to which you are not entitled.  We shall also be entitled to set off any sum which represents commission owing to you against sums which you owe to us.
  13. Fare Errors

    1. Carnival Australia uses its best endeavours to ensure that the prices displayed via its distribution channels and pulled from the API are accurate. In the event that a displayed price is found to be incorrect Carnival Australia may retract the price and issue a correction notice as contemplated under the Australian Consumer Law.
    2. Subject to any requirements under the Australian Consumer Law or under the common law, where Carnival Australia has retracted an incorrectly displayed price, Carnival Australia may cancel or adjust any reservation that is impacted by that error. In the event that Carnival Australia cancels such a reservation, Carnival Australia may make contact with the agent affected prior to the cancellation. In the event of a cancellation, a full refund will be provided to the passenger and cancellation fees will not apply.
  14. Prohibition on Re-Faring

    The following practices are prohibited in relation to all Carnival Australia bookings:

    1. making bookings under the names of people who are either fictitious or not intending to cruise (eg: yourself or your family members, for the purposes of holding cabins); and
    2. intentionally making duplicate bookings; and
    3. re-faring a booking, after a deposit has been applied to that booking without the passenger's knowledge.

      *re-faring is the practice of either cancelling and re-booking or re-faring a booking down to a lower priced fare.
      If we become aware that you have engaged in any of the above practices we will do one or more of the following:

    4. cancel fictitious or duplicate booking without notice;
    5. require repayment (as a debt due to us) the difference between the original fare and the re-fared fare;
    6. reverse the fare back to the original fare including original payment due dates; and/or
    7. restrict your access to POLAR without notice.
  15. Payments to Carnival Australia and applicability of GST to Commission

    1. You will remit to Carnival Australia, as soon as practicable, any and all payments received from customers for any Product bookings.
    2. You acknowledge that no commission or payment of any kind is payable to you by Carnival Australia on the GST component, if any, of the price of any Product
  16. Recipient Created Tax Invoice Agreement

    1. In this clause 16 the terms “supply”, “recipient created tax invoice”, “excluded supply” and “tax invoice” have the same meanings as those given in the GST Act.
    2. In relation to each taxable supply, Carnival Australia will issue a Recipient Created Tax Invoice (RCTI) to you in respect of commissions paid and payable to you.  By using this Site, you explicitly agree to this process.
    3. In consideration of Carnival Australia agreeing to issue a tax invoice in respect of each taxable supply which is made to it by you without request, and by clicking that you have accepted these Terms, you agree to the following:
      1. Carnival Australia will issue to you an RCTI for each taxable supply (other than an excluded supply) made by you to Carnival Australia, and will issue an adjustment note for any adjustment event.
      2. You must not issue a tax invoice in respect of any supply you make to Carnival Australia, other than for an excluded supply. You must give Carnival Australia a tax invoice for an excluded supply at or before the time you invoice Carnival Australia for that supply.
    4. You acknowledge and warrant that at the time of accepting these Terms, you are registered for GST.  You agree to provide Carnival Australia with your ABN. Carnival Australia acknowledges and warrants that at the time you accept these Terms it is registered for GST.
    5. Each party must notify the other party if it ceases to be registered for GST or it ceases to comply with any of the requirements of any taxation ruling issued by any authority relating to the creation of RCTIs.
  17. Paid Search Advertising

    1. Your use of paid search advertising or other forms of online targeted advertising, including, but not limited to, banner advertisements, or behavioural or contextual advertising offered by companies operating search engines (including, but not limited to, Google and Yahoo), travel search sites (including, but not limited to, Trip Advisor), or comparison sites (including, but not limited to, NexTag or Sidestep), or other third party operated websites (“Paid Search”) is subject to the following, for the purpose of protecting Carnival Australia’s Trademarks and brands and to ensure consumers are not misled in connection with the use of its name and brands:
      1. You may not use Carnival Australia’s Trademarks or other terms associated with Carnival Australia or an individual Carnival Australia cruise brand or anything substantially similar thereto (“Cruise Line Property”), or Typos, as defined below, as keyword terms, whether alone or in conjunction with other terms. “Typos” shall mean variations of Cruise Line Property where several characters or symbols are reversed, replaced or inserted in any part of a URL path, domain name or sub domain name.
      2. When purchasing generic cruise-related keywords, such as "cruise" or "ship" or “ocean liner,” or when purchasing destination and port keywords for any port or destination serviced by Carnival Australia or an individual Carnival Australia cruise brand on broad match keyword terms programs, you must ensure that your ads do not appear for consumer searches which include Cruise Line Property or Typos in combination with the generic keywords.  You must negative phrase match the keywords listed in the Paid Search Keywords Tab of this WLCL Site (which may be updated from time to time) to the corresponding campaign types.  For example, you must list “Carnival Australia”, “Princess”, “P&O” and “Cunard” as negative keywords in order to prevent your ads from appearing as a result of searching for Products. For example, it would be a violation if a consumer search using a keyword phrase, such as "P&O Sydney", triggers an ad by your agency to appear if "Sydney cruises" was originally used by you without the negative keyword of "P&O".
      3. You may not include Cruise Line Property, anything substantially similar to Cruise Line Property, or Typos in any hyperlink that you cause to be displayed as a result of a Paid Search. You may only use Cruise Line Property in the ad text of an ad triggered by Paid Search, if:
        1. Cruise Line Property is not included in the search terms you have purchased;
        2. if the ad redirects to a landing page that you operate in compliance with the applicable provisions of these Terms and does not violate any law, regulation, or rights of another party; and
        3. the landing page, other than any search or site navigation features, is dedicated exclusively to the marketing of Products and does not have any references or links to other vacation opportunities, including, without limitation, other cruise lines. You may not use Typos in the ad text of an ad triggered by Paid Search.
      4. You may use Cruise Line Property in Social Media Websites (as defined below) for the purposes of communicating information about Carnival Australia or an individual Carnival Australia cruise brand, subject to the requirements herein. You may not use Cruise Line Property, anything substantially similar to Cruise Line Property, or Typos, in any username, account name, profile name, screen name, or similar for any Social Media Website, or display or undertake any other activity which may confuse consumers as to whether you are endorsed by Carnival Australia or an individual Carnival Australia cruise brand. The following are considered Social Media Websites: social networking websites (including by example, but not limited to, Facebook, MySpace, Twitter, LinkedIn, etc.), blogging and community websites (including by example, but not limited to BlogSpot.com, Wordpress.com, etc.), video websites (including by example, but not limited to YouTube, etc.), or any other website operated by a third party, directly or indirectly controlled or posted by you (“Social Media Website”).
  18. Paid Search Advertising Breaches

    1. If you fail to comply with clause 17 then:
      1. For the first breach, Carnival Australia will send a notice to you (which may be by email), requiring you to remove the identified keywords, and negative match the identified keywords within 2 days of the date that the notice is registered as successfully sent mail in Carnival Australia’s system.
      2. If the first breach is not remedied within 2 days of the date that the notice under clause 18(a)(ii)  is registered as successfully sent mail in Carnival Australia’s system, Carnival Australia may, without further notice, restrict your agency’s access to POLAR Online for a minimum period of 48 hours.
      3. For a second breach, Carnival Australia will send a notice to you (which may be by email), requiring you to remove the identified keywords, and negative match the identified keywords within 1 day of the date of the date that the notice is registered as successfully sent mail in Carnival Australia’s system.
      4. If the second breach is not remedied within 1 day of the date that the notice under clause 18(a)(iii),   is registered as successfully sent mail in Carnival Australia’s system Carnival Australia may, without further notice, restrict your agency’s access to POLAR Online for a minimum period of 48 hours.
      5. Any further breaches will result in the immediate suspension of your access to POLAR Online without notice for a minimum period of 48 hours or until the breach is remedied to Carnival Australia’s satisfaction.
    2. Carnival Australia reserves all rights to take any further action it may be entitled to do under these Terms, at law or in equity.
    3. For the purposes of this clause it is essential that you keep your contact details, particularly your email address details, up to date within Carnival Australia’s online systems (and specifically POLAR Online).
  19. Security Rules

    1. Violations of system or network security may result in civil or criminal liability. Carnival Australia will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
      1. accessing data not intended for such user or logging into a server or account which user is not authorised to access;
      2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
      3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services; or
      4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  20. Links from and to the Site

    1. Third Party Websites
      This site also contains links to other websites. These links do not imply that Carnival Australia endorses these websites or guarantees the reliability of the information they contain. Such links are provided for your reference only. Carnival Australia does not control such websites and is not responsible for their contents or the privacy or other practices of such websites.
    2. Computer Viruses
      While it is very unlikely, Carnival Australia is not responsible for any computer problem (including virus transmission) you may experience as a result of visiting this Site, POLAR Online or any of  links.
    3. Disclaimer
      Carnival Australia gives notice that all information contained within the site is subject to alteration with or without notice. While all travel information contained within this website is correct at the time of publication, cruise itineraries and prices are subject to change or withdrawal.
  21. Privacy

    1. You must comply with the Data Protection Law and with the terms contained in Annexure 1 which is incorporated into this Agreement. In the event of any conflict between the clauses in the main body of this Agreement and Annexure 1, the clauses in Annexure 1 shall take precedence to the extent of any conflict only.
    2. If you promote the Products to contacts that you maintain on a database or mailing list, you warrant that you will comply with the Privacy Law, the Spam Act 2003 (Cth), Carnival Australia and individual Carnival Australia cruise brands’ privacy policies, and any applicable codes of practice applying to direct marketing activities.
    3. You acknowledge your obligation to indemnify Carnival Australia under clause 27 for, among other things, any breach of this clause 21.
    4. Carnival warrants that it will comply with the Data Protection Law.
  22. Credit Card Information

    You represent and warrant that you have full rights and authority to obtain and transmit credit card information to Carnival Australia for payment for bookings made using the Site and via POLAR (where applicable, by both telephone and online), and for processing in Australia, have complied with the PCI Rules, and credit card issuer's requirements for obtaining credit card information and taking credit card payments.

  23. Proprietary information

    1. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
    2. Product names, logos, designs, titles, words or phrases may be protected under law as the Trademarks, service mark or trade names of an individual Carnival Australia cruise brand or other entity. Such Trademarks, service marks and trade names may be registered in the United States and internationally.
  24. Term and Termination

    1. These Terms (including your access to the Site and appointment under clause 5) commence once your application for registration as an agent of Carnival Australia has been approved and you have been granted access to POLAR online. They continue until terminated in accordance with these Terms.
    2. Either party may terminate these Terms immediately by written notice if:
      1. the other party:
        1. ceases trading or becomes insolvent (as defined in the Corporations Act 2001 (Cth));
        2. the other party materially breaches these Terms and the breach is not capable of remedy;
        3. the other party materially breaches these Terms and the breach, being capable of remedy, is not remedied within 14 days of a written notice by the non-defaulting party requiring the party in breach to remedy the breach within that period.
    3. Either party may terminate these Terms for convenience by giving at least 7 days’ notice to the other party.
    4. Carnival Australia may terminate these Terms immediately by written notice if you act in a manner that is inconsistent with these Terms, including (without limitation):
      1. by any act or omission that may damage our goodwill or bring our name or any of our brands into disrepute; or
      2. if, in our reasonable opinion, you purport to act outside the scope of your agency appointment as specified in clause 5(b).
    5. Termination of these Terms will not affect any pre-existing rights or obligations that may have arisen or accrued prior to termination. For the avoidance of doubt, termination of these Terms will not affect any confirmed customer bookings processed by you on or before the date of termination.
  25. Carnival Australia OFAC Compliance Policy

    In order for Carnival Australia to remain in compliance with its OFAC Compliance Policy, which prohibits any business or transactions with individuals or entities in the Crimea region, Cuba, Democratic People’s Republic of Korea (North Korea), Iran, Sudan, Syria, and other countries and/or regions (collectively as “OFAC Regions”) that may be restricted under Federal law, You shall not engage in any business activities on behalf of Carnival Australia in the OFAC Regions, which include undertaking any sales or marketing activities on behalf of Carnival Australia in such OFAC Regions.  Furthermore, You shall not engage any sub-agents to sell or market Carnival Australia cruises in the OFAC Regions.  In the event You have a branch office operating in one or more of the OFAC Regions, You shall immediately notify Carnival Australia of such in writing so that Carnival Australia may take steps to ensure no Carnival Australia cruises are sold by such branch office(s).

  26. Business Partner Code of Conduct

    You acknowledge that Carnival Australia has established a Business Partner Code of Conduct that can be found at http://phx.corporate-ir.net/phoenix.zhtml?c=140690&p=irol-govconduct.

  27. Indemnities

    1. You agree to indemnify, defend and hold Carnival Australia and all individual Carnival Australia cruise brands harmless against any claims, suits, demands, losses, liabilities and damages (including reasonable legal fees and court costs) in any way arising from, related to, in connection with or resulting from:
      1. your use of the Site and POLAR (Online or by telephone), which you will access via this Site;
      2. your breach of any representations or warranties;
      3. the consequences of any improper or unauthorised use of credit card information;
      4. the consequences of any improper or unauthorised use of personal information;
      5. your breach of any person’s intellectual property rights; or
      6. your violation of these Terms; or
      7. you purporting to act outside the scope of your agency appointment as specified in clause 5(b).
    2. For the avoidance of doubt, this clause does not affect any other rights or remedies available to Carnival Australia.
    3. Carnival Australia agrees to indemnify you for any proven loss, cost or expense suffered by You arising from Carnival Australia's wilful negligence or unlawful conduct.
  28. Limitation on liability

    1. You specifically agree that in no event shall Carnival Australia or an individual Carnival Australia cruise brand, including their affiliates or any of their respective directors, officers, employees, agents, or content or service providers be liable to you, or your agency's employees, agents, representatives, contractors, clients or customers or any other third parties for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Site, POLAR or the Materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you.
    2. In no event shall the total liability of Carnival Australia to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms or your use of the Site and POLAR exceed, in the aggregate, $100.00.
    3. Carnival Australia or an individual Carnival Australia cruise brand shall not be liable for any damages or injury of any kind caused by any error, omission, delay, computer virus, unauthorised access to, alteration of, or use relating to the Site, POLAR or any other site.
    4. In no event shall Carnival Australia be liable for any incidental, consequential, special, exemplary or punitive damages hereunder, even if informed of the possibility of same.
  29. Site Usage and Site Terms

    1. You understand and agree that, subject to anything to the contrary contained in the Australian Consumer Law:
      1. The Site, including without limitation all function, Materials and information provided when accessing and using the Site (including POLAR Online) are provided "as is", without warranties of any kind, either express or implied, including, but not limited to, any warranty for the accuracy or reliability of information, services, or Products provided through or in connection with the Site and any implied warranties of merchantability and fitness for a particular purpose.
      2. Carnival Australia does not warrant that the Site or POLAR Online, Materials or services made available through them will be timely, secure, uninterrupted or error free, or that defects will be corrected. Carnival Australia makes no warranty that the site will meet users’ expectations or requirements. No advice, results or information, or Materials whether oral or written, obtained by you through the Site or POLAR Online shall create any warranty not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
      3. Any Materials downloaded or otherwise obtained through the use of the Site and POLAR Online is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.
      4. Carnival Australia does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the Site or POLAR Online. Carnival Australia is not a party to, and does not monitor, any transaction between users and third parties without the direct involvement of Carnival Australia.
      The above is not intended to limit or exclude any rights that you may have under any applicable law including under the Australian Consumer Law.
  30. Your continued acceptance

    After your initial acceptance of these Terms, you will not be requested to accept these Terms each time you access the Site. However, by initially accepting these Terms, you are agreeing that these Terms and any amendments will apply to you each time you access the Site. We will endeavour to email you each time we make a change, with the email setting out the major changes. If you do not agree to a change we make, you may terminate this Agreement by giving us notice of such termination in accordance with clause 24(c).
    For the purposes of this clause it is essential that you keep your contact details, particularly your email address details, up to date within Carnival Australia's online systems (and specifically POLAR Online).

  31. Governing law and jurisdiction

    These Terms are governed by the laws of New South Wales, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales.

  32. Notices

    Notices to you may be delivered via email or regular mail. The Site and POLAR Online may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site. You must ensure your email and postal details are up to date and correct in this and your POLAR Online account at all times. For the purposes of this clause it is essential that you keep your contact details, particularly your email address details, up to date within Carnival Australia's online systems (and specifically POLAR Online). Carnival Australia and Carnival New Zealand's address for notices is Level 5, 465 Victoria Avenue, Chatswood NSW 2067, Australia and email: legalclaims@carnivalaustralia.com.au.

  33. Severability

    These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

  34. Waiver

    The failure of a party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

ANNEXURE 1

Data Protection Schedule

During the term of our relationship as travel intermediary and end supplier, we will each collect, use, store, transfer or otherwise process Data (in the capacity as Data Controllers (as defined in Data Protection Law)).

In order to comply with the provisions of Data Protection Law and to ensure the protection of Data, the terms and conditions of this Annexure 1 shall also apply in addition to the  Terms set out above.

In this Annexure 1, unless the context otherwise requires:

 “Data” means all Personal Information collected, generated, used, stored, transferred or otherwise processed by either party and which will be shared between us in connection with performance of the Agreement and which shall include:

  1. full name of each customer in a booking;
  2. address and contact details for each customer in a booking;
  3. date of birth for each customer in a booking;
  4. nationality of each customer in a booking;
  5. official travel document details for each customer in a booking;
  6. details of medical and mobility requirements for each customer in a booking;
  7. next of kin details for each customer in a booking; and
  8. specific requirements for each customer in a booking.

“Losses” means all losses, costs, charges, expenses, liabilities, claims, actions, proceedings, fines, penalties, damages and adverse judgments.

“Agreement” means the Carnival Australia Travel Agent Terms (set out above) being the terms under which you are appointed our travel agent.

  1. Compliance with Data Protection Law

    You shall:

    1. comply fully with your obligations under Data Protection Law;
    2. appoint a point of contact for data protection matters and provide us with contact details for the same upon request;
    3. ensure that your privacy notices are clear and provide sufficient information to customers for them to understand which of their Data shall be processed and/or shared with us and/or our authorised sub-contractors in connection with their booking and the purposes for the Data sharing;
    4. ensure that all Data that is shared with us is collected, processed and transferred in accordance with Data Protection Law; and
    5. implement, maintain and at all times operate adequate and appropriate technical and organisational measures to (i) protect the security, confidentiality, integrity and availability of the Data, and (ii) protect against unauthorised or unlawful processing of the Data and against accidental loss, destruction or the making vulnerable of, or damage to, the Data.
  2. Subprocessors

    In the event that you appoint a subprocessor in respect of any of Data processing activities then you shall ensure that, prior to any processing of Data by the subprocessor, you enter into an agreement with the subprocessor on terms that comply with the requirements of Data Protection Law. You shall remain fully responsible for the acts, omissions and defaults of its subprocessor as if those were the acts, omissions and defaults of the relevant party. 

  3. Notification of a Data Breach

    1. If you receive any complaint, notice, request (including any subject access request) or communication which relates directly or indirectly to the processing of Data by us, you shall immediately notify us in writing and shall provide full cooperation and assistance in relation to the same.

    2. If you discover or suspect:

      1. any unauthorised or unlawful access, processing, use or destruction of any Data;
      2. any Data is disclosed or accessed in breach of Data Protection Law; or
      3. any loss, theft, damage, corruption or misappropriation by any means of any Data or media, materials, records, or information containing any Data; and/or
      4. any other security incident affecting the Data

      (each a “Data Breach”), then you must notify our Privacy Officer (privacy@carnivalaustralia.com for all WLCL brands) in writing no later than 24 hours after discovery of the Data Breach and provide with that notification details of the nature of the Data Breach including, the categories and approximate numbers of data subjects concerned and the categories and approximate number of Personal Information records concerned, the likely consequences of the Data Breach, and the measures taken or proposed to be taken to address the Data Breach including measures to mitigate possible adverse effects for data subjects. 

    3. You shall, where relevant, provide full cooperation, information and assistance to us in relation to any Data Breach in accordance with Data Protection Law and our reasonable instructions.
  4. Change in Law

    In the event of any change in Data Protection Law you shall take such steps (including agreeing to additional obligations or executing additional documents) as may be required by us in order to ensure continued compliance with Data Protection Law.

  5. Indemnity

    You shall indemnify and keep us indemnified against all Losses that we may suffer, sustain or incur as a result of any breach by you (or a subprocessor on your behalf) of the provisions of this Annexure 1 or any act, omission or default of any subcontractor which, had that act, omission or default been committed by you, would constitute a breach of this Annexure 1.