CelebrationsAtSea-Brochure-NAM FINAL-s - Flipbook - Page 26
Terms and conditions
s
The terms and conditions below apply to the Cunard Weddings
Program in addition to the Booking Conditions or Passage
Contract, as appropriate (referred to here as “Booking
Conditions”), found in the Cunard brochure, which apply to your
voyage. In the event of conflict between the two sets, these
terms and conditions will prevail over the Booking Conditions.
Please ensure that you have read and understood these Terms
& Conditions prior to making a booking.
1. Definitions
In this Contract and unless the context requires otherwise,
defined terms are the same as in the Booking Conditions
unless a different meaning is given to the defined term here:
“Booking Form” means the form which must be completed by
Guests wishing to purchase the Cunard Weddings Package;
“Contract” means the contract made between Cunard and the
Guests relating to the provision of wedding services;“Finishing
Touches” means optional goods and services additional to those
included in the Cunard Weddings Package;“Guests” means the
persons named in the Booking Form; and “the Cunard Weddings
Package” means the wedding goods and services, as described
in this brochure, to be provided by Cunard for the set fee
including the organization of the ceremony.
2.The Contract
Guests must read these terms in conjunction with the relevant
Cunard brochure for full details of the voyage. Guests must
read the section below on Legal Requirements before making
a booking. Cunard is unable to accept bookings for weddings
within three months of departure of the relevant voyage.The
Cunard Weddings Package is subject to availability and Guests
must check whether there is availability to provide the Cunard
Weddings Package on the voyage in question with Cunard prior
to booking. Wedding venues and Reception venues are subject
to availability and Cunard reserve the right to offer an alternative
onboard venue should your chosen venue be unavailable.
Finishing Touches are subject to availability and may usually
be booked from approximately three months before departure
date. Wedding dates may be provisionally reserved with a nonrefundable deposit of 25% of the price of the Cunard Weddings
Package for up to 14 days. During this time the Booking Form
must be completed and sent back to Cunard. No Contract is
formed until payment of the deposit is received by Cunard. Both
parties must speak and understand English. Please note that
the ceremony will be conducted in English, although if Guests
wish, there may be opportunity to include sections in your first
language, if not English.
3. Exclusion of Liability
The recognition of a marriage as valid is a matter of domestic
law and, accordingly, the formalities governing a marriage
ceremony and the requirements as to capacity to marry vary
from country to country (and often from state to state). Set
out below is some guidance on the key requirements under
the law of England and Wales, Northern Ireland, Scotland,
and Germany.There is also comment on the law of the United
States and Canada. However, this guidance does not constitute
legal advice and Guests are strongly recommended to take
advice from a specialist matrimonial lawyer in their home
country as to whether their marriage under Bermudian law
on a Bermudian registered ship will be recognised as valid in
their home country. Cunard accepts no liability whatsoever for
any failure of the marriage to be recognized in any jurisdiction
and the obligation to make all legal enquiries rests exclusively
with Guests. Cunard has supplied online a sample copy of the
Wedding Certificate Guests will receive once they are married,
to take to their local lawyer, in advance of booking the marriage
ceremony, to advise them on whether this will be recognized as
a valid marriage in their home country. Cunard can also provide
apostilled (certified) copies of the Wedding Certificate (issued by
the Registrar General in Hamilton, Bermuda after the marriage
ceremony) for a small additional charge so that Guests may, if
required, apply for a certificate of recognition, or similar, in their
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home country. Guests are urged to seek advice from a specialist
matrimonial lawyer as to the requirements, if any, for registering
their marriage. Cunard cannot provide advice on this issue
and does not accept any responsibility whatsoever for Guests’
inability or failure to register their marriage where necessary in
their home country.
4. Legal Requirements
The Cunard Weddings ceremony is a civil service conducted
under Bermudian law. In terms of the formalities for a
marriage ceremony undertaken on board a ship to comply with
Bermudian law, it must take place on a Bermudian flagged
ship sailing on the high seas.The ceremony must be conducted
either by the ship’s Captain or by the Deputy Captain (if he/she
is in command of the vessel at the time of the ceremony). An
announcement of the intended wedding must be published in
the Bermuda Sun (www.bermudasun.bm).The particulars of
the ceremony will be noted in the ship’s logbook and this will
be filed subsequently with the Registrar General in Hamilton,
Bermuda. Provided that Guests provide all information and
documentation requested of them within the prescribed time
limits, Cunard will ensure that these requirements of Bermudian
law are satisfied. Please note that the wedding couple’s names,
address and telephone numbers will be published online. After
the registration of the marriage in Bermuda, the Office of the
Registrar General will then send Guests a copy of the Marriage
Certificate.
Bermudian law says that the following requirements must be
fulfilled by Guests wishing to be married at sea:
" The parties must not be of the same sex
"
They must not be within prohibited degrees of relationship
(i.e. they must not be too closely related by birth or marriage).
"
They must both be over 16 years of age.
"
If either is under 18 years of age, the consent of a parent or
guardian is required.The consent will have to be formalized by
a notary public. Guests should take independent advice in this
respect and will be personally responsible for ensuring that a
notarized consent is available in good time.
"
Neither party is suffering from a mental disorder as defined
under the Mental Health Act 1968.
"
Neither party must knowingly and willfully agree to marry
using a false name or names.
"
Neither party must knowingly and willfully agree to the
marriage without the required notice being given of the
marriage or without the necessary license.
"
Neither party may be married to another person at the time of
the marriage ceremony.
"
The marriage must be contracted before a Marriage Officer
(the Captain or a Deputy Captain who is in command of the
vessel at the time of the ceremony).
Domicile
The recognition of a marriage as valid in other jurisdictions
depends partly also on whether or not the law of the Guest’s
domicile has been satisfied. For this, Guests are strongly
recommended to take legal advice on the law of the country of
domicile of each of them before the booking is made to ensure
that the marriage will be compliant.
Under English Law (and, typically, in other common law
jurisdictions) a person is domiciled in the country which he
regards as his permanent home. It is thus possible for a person
to be resident in one country and domiciled in another. However,
in civil law jurisdictions, domicile simply means where a person
lives. Guests should also take advice from a specialist lawyer on
the question of where they are domiciled in the event that they
are uncertain. As provided at clause 3 above, Cunard accepts
no liability whatsoever for any failure of the marriage to be
valid as a result of one or both of the Guests’ failure to ensure
their compliance with the law of the country in which they are
domiciled.
Validity in England, Wales, and Northern Ireland
A marriage ceremony conducted in accordance with the
requirements of Bermudian law in a ship on the high seas will
be recognized as valid in England, Wales, and Northern Ireland
provided that both Guests also comply with the requirements
of the law of the country in which they are domiciled relating
to their capacity to marry. In England and Wales, these
requirements are:
"
The parties must not be within prohibited degrees of
relationship (i.e. they must not be too closely related by birth
or marriage).
"
The parties must both be a minimum of 18 years of age.
"
Each party must be capable of giving valid consent to the
marriage (consent can be invalidated by, for example, the
giving of a false name, address or description, duress, insanity
or intoxication of either party to the marriage).
"
Neither party must be married to another person at the
time of the marriage ceremony or have registered a Civil
Partnership which has not been dissolved.
In Northern Ireland:
"
The parties must both be at least 16 years of age. If either
party is under 18 years of age the consent of a parent or
guardian will be required.
A marriage will also be recognized as valid in England and Wales
so long as all the above requirements have been complied with,
even if they are not domiciled in England and Wales. As stated
above, it is the exclusive responsibility of the Guests to ensure
they comply with the requirements of the law of their country of
domicile if they wish to ensure their marriage will be recognized
as valid in the UK.
Validity in Scotland
The rules in relation to the validity of a marriage under Scottish
law are the same as for England and Wales subject to the
following:
"
The parties must both be at least 16 years of age.There is no
need for the consent of a parent or a guardian where either
party is above the age of 16 but below the age of 18 years.
"
The prohibited degrees of relationship are slightly different to
those in England, Wales, and Northern Ireland, and Scottish
guests should seek separate advice in this area, where
appropriate.
Validity in the United States and Canada
It is intended that residents of the United States and Canada
are able to get married on board a Cunard ship and as a
general statement, we understand Bermudian law marriages
are recognizable in these countries. However, each Guest’s
circumstances are different and the law on recognition of
marriages can vary from state to state. It is therefore very
important that before they commit to getting married on board,
Guests take local legal advice to check whether their marriage
under Bermudian law will be recognized as valid in their home
state. Please note the limitations on Cunard’s liability in clause 3.
Validity in Germany
German law is applied to the question of the validity of a
marriage where either the bride or groom are German citizens.
German law will recognise the validity of the marriage if the
requirements comply wizh Bermudian law in terms of Guests’
capacity to marry. German law makes the following stipulations:
"
They must be over 18 years old (between 16 and 18 only with
the special permission of the Family Court).
"
They must be mentally sane when expressing their
willingness to marry.
