Terms and Conditions
YOUR CONTRACT WITH FRED. OLSEN CRUISE LINES 2011/12/13
These terms and conditions should be read carefully.
Any booking for a Fred. Olsen Cruise Lines Ltd. cruise holiday is accepted subject to these terms and conditions. Please inform FOCL (as defined below) directly if prior to making a booking you wish to raise any objection to any part of these terms and conditions.
Please note that where a FOCL cruise is sold by another holiday operator, the terms and conditions of your contract with that holiday operator apply to the whole holiday. However, when a holiday is provided by FOCL to a holiday operator on the basis of these terms and conditions, any terms expressed as applying to the passenger making the booking will apply accordingly.
Definition and Interpretation
“Booking” / “Booked” means the Passenger’s booking of a Holiday.
“Contract” means an accepted Booking by FOCL in accordance with paragraph 2.1 made between FOCL and the Passenger in accordance with these terms and conditions.
“Departure Date” means day one of the Booked Holiday as notified to the Passenger at the time of Booking and as amended from time to time at the sole discretion of FOCL in accordance with these terms and conditions.
“FOCL” means Fred Olsen’s Cruise Lines Limited with company number 02672435 and whose registered office is located at 2nd Floor, 64-65 Vincent Square, London, SW1P 2NU.
“Force Majeure” means an unusual and unforeseeable event outside of the control of FOCL and includes but is not limited to war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics including but not limited to incidents of infectious or other diseases or illnesses, unavoidable and unforeseeable technical problems with transport for reasons beyond FOCL’s control or that of any suppliers of FOCL, deviation at sea in response to a distress call or other emergency, closed or congested airports or ports, adverse weather conditions or adverse sea states, failure of power supplies, Passenger suicide or attempted suicide or a Passenger’s deliberate exposure to unnecessary danger (except in an attempt to save human life) or the consequences of participating in an unusual and dangerous activity and any other circumstances of any nature whatsoever.
“Holiday” means any FOCL cruise holiday offered from time to time including flights where indicated but excluding any tours.
“Passenger(s)” means a person who has entered into a Contract with FOCL for the supply of a Holiday and includes any specified person who will be participating in the Booked Holiday.
“Price” means the price of the Holiday including / excluding those items as set out in FOCL’s Holiday brochure (as published and amended from time to time). The Price is non-refundable except as set out in these terms and conditions.
“Shuttle Transport Services” means any form of transport offered to Passengers provided by a third party which may be available to Passengers in certain ports.
Interpretation (a) a person includes a natural person, corporate or
unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) a reference to “writing” or “written” includes faxes and emails.
How to book
1.1. A Booking of a FOCL cruise Holiday can be made with your travel agent or directly with FOCL (Telephone: 01473 742424, Telefax: 01473 292410, Website: www.fredolsencruises.com (as amended from time to time). Prior to making a Booking you should ensure that you have read and are prepared to accept these terms and conditions, and have available the information required to make the Booking.
The Contract
2.1 Once FOCL has accepted the Booking and all payments due at the time of making the Booking, including the deposit and where applicable the full balance of the Price, a Contract made between you and FOCL exists on these terms and conditions and covers the person or entity making the Booking and each and every Passenger in respect of whom the Booking is made
(collectively referred to as ‘you’ in these terms and conditions). Unless expressly agreed by FOCL, the parties specified under a Contract as being the “Passengers” for the purposes of the Holiday may not be altered at any time. In addition the Holiday under a Contract cannot subsequently be amended or transferred to a lower priced Holiday other than as set out herein. Bookings must be accepted by FOCL and cannot be accepted by any third party.
2.2 Notwithstanding paragraph 2.1, FOCL has the right to refuse to accept any Booking even if a deposit and the full balance of the Holiday Price has been paid by you.
2.3 FOCL is a bonded member of ABTA (No. WO637). It is bonded as a tour operator and holds an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (ATOL No. 5016). This ensures that where the Holiday includes flights, in the unlikely event of insolvency of the licence holder, the CAA will arrange to refund money paid for an advance Booking and ensure that Passengers are not stranded abroad. In Ireland FOCL is bonded as a tour operator and holds a Tour Operator’s Licence No. T0212 issued by the Commission for Aviation Regulation. FOCL is also a member of the Passenger Shipping Association.
2.4 Any cabin, room or seat Booked or notified under a Contract may be changed to another of equivalent or higher standard at the sole discretion of FOCL or any other party acting as operator or carrier.
2.5 The Contract constitutes the entire agreement between FOCL and the Passenger and unless otherwise stated in these terms and conditions supersedes all other agreements, oral or written.
2.6 Where organised tours, Shuttle Transport Services, excursions or programmes are available during a Holiday, they are not part of the Contract, unless otherwise notified. Where FOCL makes such tours available, it does so as agent for the operator of the tours and any amount paid is not part of the Holiday Price, whether or not the tours are booked or paid for at the same time as, or before or during, the Holiday. However, should FOCL, its employees, servants, agents or sub-contractors, the owner and operator of the vessel or any other person involved in the supply of services in connection with this Contract be deemed to have any liability in connection with such tours, this shall in all cases be subject to these terms and conditions. Tours operate subject to minimum numbers of participants. If any tour does not operate, a refund of any money paid in advance may be made, but otherwise no compensation shall be payable.
2.7 Where flights are taken in conjunction with a Holiday by a Passenger but are booked / purchased independently of a FOCL Holiday, then they are not part of the Contract and FOCL has no liability whatsoever in respect of such booked flights.
2.8 Holidays are planned far in advance and the Contract is for the Holiday Booked subject to alterations that may be made as a result of events, changes of circumstances or other factors that have occurred or arisen since the Holiday was planned. This is dealt with further below under paragraph 6 (“Alteration and Cancellation by FOCL”).
2.9 The person making the Booking warrants that they have authority to contract and accept these terms and conditions on behalf of all those in respect of whom the Contract is made. FOCL, its employees, servants (including medical staff), agents and subcontractors, the owner and operator of the vessel and any other party involved in the supply of services in connection with this Contract shall all have the benefit of all rights, exemptions and limitations in these terms and conditions. In no circumstances will the total liability of all such parties exceed that of FOCL.
2.10 It is the sole responsibility of the Passenger to ensure that they check in on time for the Booked Holiday and allow plenty of time for doing so. It is the sole responsibility of the Passenger to ensure that they check in on time for any flights to / from the vessel including any interconnecting flights. Passengers are solely responsible for checking with regard to any flight delays or cancellations.
Deposit, alterations and final payment
3.1 A deposit of the Price of the Holiday must be paid to FOCL at the time the Booking is made. Other payments may also be due at the time of Booking. Money paid to a travel agent for a Holiday is held as agent for FOCL, whether or not that travel agent is otherwise acting as your agent or as agent for FOCL. However, payment to or acceptance of any money by a travel agent or other third party, even if an agent of FOCL, does not constitute acceptance of a Booking by FOCL. Prior to acceptance of the Booking and all payments then due, FOCL
has no obligation to the Passenger and may return or authorise the return of any payments made with no penalty and without providing a reason.
3.2 If your Booking or Contract is altered after acceptance of your deposit as a result of a request by you that has been accepted by FOCL, a minimum service charge of £50.00 per person is payable to FOCL. In the case of a name change, more than 90 days before the Departure Date this will be charged at £50.00 per person per change; within 90 days of the Departure Date the charge is £100 per person, where accepted. A name change is not permitted for the lead passenger. In addition to this, for fly-cruises any associated costs imposed by the airline will also be payable by the Passenger. Please note that some airlines and other transport providers may not allow name changes and/or departure detail alterations such as date and time changes. Most airlines and other transport providers treat name and departure detail changes as a cancellation and charges may subsequently apply. A request to transfer the Holiday under your Contract to an alternative Holiday may be accepted by FOCL on one occasion provided it is made more than 90 days before the Departure Date. However, any subsequent request will be treated as a cancellation. If an alteration would result in a reduction of the Price of the Holiday under the Contract of more than 25% then this will be treated as a cancellation (please see paragraph 5 (“Cancellation by You”) which sets out further details).
3.3 The balance of the Price is due to be paid to FOCL 90 days before the Departure Date for all other Holidays and money must be paid in sufficient time for cleared funds to reach FOCL. For any Holiday’s Booked after this date, the full Price is due and must be paid at the time of making the Booking. Special payment conditions may apply to special or discounted Prices. If, for any reason, any payment due after Booking is not received by FOCL by the date due, FOCL has the right to cancel the Contract, retain the deposit paid and charge a cancellation fee of the amount shown in the scale under paragraph 5 (“Cancellation by You”) applicable at the date of FOCL’s decision to cancel. If, after a Booking is made via an agent, FOCL has reason to believe that the agent may be unable to meet its financial obligations then FOCL has the right to move the Booking / Contract to another agent or take the Booking / Contract on direct.
3.4 If a direct Booking with FOCL has been made and accepted, and all payments due at the time of the Booking have been made, the Booking may be transferred to a travel agent provided that FOCL is notified within 21 days of the Booking and does not object.
3.5 A 2% surcharge will apply to payments made for any Holiday Booking made by credit card.
Prices and other charges
4.1 Prices are based on operating costs and market conditions at the date they are published and may be revised upwards or downwards at any time.
4.2 Once you have made a Booking, no increase or decrease in the Price will be made except as follows:-
4.2.1 If there is an increase or decrease in the cost of providing any Holiday under a Contract of more than 2% caused by an increase or decrease in: transportation costs, including the cost of fuel; dues, taxes or fees for services at ports and airports; or exchange rates, then a surcharge may be levied and may include an amount to cover agents’ commission or a refund may be provided. If this means paying more than 10% on top of the Holiday Price quoted at the time of your Booking, you will be entitled to cancel your Holiday Contract with full refund of all monies paid except for any premium paid for insurance and amendment charges. Such cancellation must be made within 14 days of the issue date printed on the surcharge invoice. If a surcharge is made it will be demanded in writing. Failure to pay a surcharge within 14 days may be treated as cancellation by you of the Contract in which case a cancellation charge of the amount shown under paragraph 5 (“Cancellation by You”) applicable on the date of FOCL’s decision to cancel will be made.
4.2.2 No surcharges will be charged less than 30 days before the Departure Date but Bookings received within this period may be charged at the published price plus any surcharge arising up to the date of that Booking .
4.2.3 Similarly, if there is a decrease of more than 2% in the costs of providing any Holiday under a Contract (as per paragraph 4.2.1) then any decrease over 2% will be passed on to you. An administration charge will be payable on any refunds made.
4.3 Most port and airport charges and taxes are included in the Price of the Holiday. Where these are not included, you will be advised separately. Some overseas charges and taxes may have to be paid locally by you.
4.4 Medical services provided on board are outside the scope of the UK National Health Service and a charge is made for these services, for drugs and other medical provisions including repatriation costs in accordance with paragraph 10 below.
4.5 All accounts for services and goods provided on board the ship and any other amounts due which are not included in the Price of the Holiday, including amounts for tours, Shuttle Transport Services, excursions and programmes, must be settled before you leave the vessel. A 2% surcharge will apply to payments made by credit card. An administration charge of £75 will apply if you fail to fully settle your on board account before you leave the ship. In the event that the Passenger fails to settle his/her on board account at or before completion of the Holiday, FOCL reserves the right to cancel any future Bookings the Passenger may have made with FOCL and to set off any sums owed to FOCL by the Passenger against any sums due to the Passenger from FOCL without prejudice to any other remedies FOCL may have under these terms and conditions or otherwise.
Cancellation by You
5.1 You may cancel your Contract subject to notice to FOCL in writing and payment to FOCL of a cancellation fee in accordance with the following scale: 91 days or more before the Departure Date - full amount of deposit; 90 to 42 days before the Departure Date - 45% of the Contract Price for the Holiday; 41 to 16 days before the Departure Date - 75% of the Contract Price for the Holiday; 15 to 5 days before the Departure Date - 90% of the Contract Price for the Holiday; and less than 5 days before the Departure Date or failure to travel - 100% of the Contract Price of the Holiday. The effective date of cancellation is the date of receipt of written notice to cancel by FOCL. For the avoidance of doubt, these charges will apply whatever the reason for your cancellation, including illness, incapacity, death or any other intervening event. If you have already started your Holiday but are unable to continue for any reason whatsoever including repatriation, illness, incapacity, death, or any intervening event, FOCL may resell any unused services or accommodation, and no refund will be payable to you.
5.2 Cancellation fees may be insurable. It is the Passenger’s responsibility to make any such claim under the terms of his/her insurance policy. Holiday insurance premiums cannot be refunded in the event of cancellation.
5.3 Cancellation of land tours purchased as add-ons to Grand and World Voyages (including sectors) will incur 100% charges to the supplier if cancelled within 90 days of your Holiday Departure Date.
Alteration and cancellation by FOCL
6.1 FOCL reserves the right to cancel any Holiday at any time on the giving of written notice to the Passenger. In any such instance the terms of the ABTA Code of Conduct will apply.
6.2 Published Holiday details in FOCL brochures and any notified Holiday details to you at the time of placing your Booking may be subject to alteration after the Contract arises as a result of events, changes in circumstances or other factors that have occurred or arisen since the Holiday was originally planned by FOCL. FOCL’s priority is to provide you with the Holiday you Booked under your Contract as far as possible for its duration. Alteration may include omitting, substituting or adding ports of call, restricting the availability of any on board facilities and services available at any time or otherwise changing the itinerary (including routing of the cruise ship or flights and port of embarkation and disembarkation), schedule, cruise ship or other arrangements that form part of the Holiday. Alteration of the Holiday may be made of necessity due to for example an outbreak of an infectious disease or because it appears to FOCL desirable for the safety, comfort or enjoyment of Passengers or the operational efficiency of the Holiday. Where possible and appropriate FOCL will try to ensure that any changes are as limited as practical and do not take place within 14 days of the Departure Date unless due to a Force Majeure event. Such alteration will not amount to a significant alteration of the Holiday under the Contract.
6.3 Where before the Departure Date it becomes impossible to provide your Holiday (even by making changes) due to an event of Force Majeure, then FOCL will give notice of cancellation of the Holiday as soon as practical and you will be offered a refund of all monies paid under the Contract or where possible the choice of a replacement Holiday of equivalent value.
6.4 FOCL has the right up to 56 days before the Departure Date to cancel any Holiday under a Contract or any part of it because the minimum number of Passengers needed has not been achieved.
6.5 Where after the Departure Date it becomes impossible to provide any part of a Holiday under a Contract due to an event of Force Majeure, FOCL or any other party acting as operator will
make suitable alternative arrangements at no extra cost to you. If this is not possible equivalent transport will be provided back to the place of departure or on to the final destination and where the Holiday is curtailed, then for each whole day lost you will be reimbursed an amount equivalent to the daily cost of the cruise part of the Holiday.
6.6 Where delay occurs during the Holiday due to fault on the part of FOCL or any other party acting as operator then alternative arrangements will be made where required to ensure the continuation of the Holiday.
6.7 In the event of cancellation, alteration or delay (including prolongation of the Holiday) FOCL will not be responsible for individual circumstances or arrangements, or any losses arising from individual circumstances or arrangements.
Conduct, safety and security
7.1 If it appears during your Holiday that you are or are becoming for any reason unfit to travel or likely to endanger or prejudice the health or safety or comfort of yourself or anyone else then a duly authorised representative of FOCL or any other party involved in the supply of services under this Contract may transfer you from one cabin or seat to another, restrain, confine or otherwise deal with you as may be considered necessary or refuse to embark or disembark you at any port or place. In such circumstances, you will not be entitled to any refund, compensation or contribution to or reimbursement of travel costs or expenses of any kind and you shall be liable to pay any fines, losses, compensation or other amount due to any third party. In no circumstances shall FOCL have any liability for prevention of boarding of any form of transport due to a decision made by any party other than FOCL.
7.2 FOCL has the right to make, enforce and change (without prior notice) rules and policies for the conduct of Passengers on board relating to matters including, but not limited to, dress, behaviour, alcohol and food. No animals, dangerous articles, or controlled or prohibited substances may be brought on the Holiday.
7.3 For your safety and security, or that of other Passengers, it may be necessary for servants or agents of FOCL to search Passengers, their cabins or their luggage. You will allow this to take place when authorised by the Captain or a security or other officer of the ship, and you agree to follow any instructions or orders in this regard.
7.4 You will be responsible for any loss or damage caused by you during the Holiday to any property or person or other third party or FOCL, no matter how that loss or damage is caused. If you cause such loss or damage then FOCL may require you immediately or at any time to pay to FOCL an amount sufficient to cover, or on account of, any loss or damage so caused.
Liability
8.1 The liability of FOCL and any other party that may be involved in the supply of services in connection with this Contract may be limited by international conventions including those relating to carriage by sea and air, in the case of carriage by sea, including the Athens Convention 1974 (as amended), carriage by air, including the Warsaw Convention 1929 (as amended by The Hague Protocol 1955) or the Montreal Convention 1999 or otherwise and hotel stays, including the Paris Convention 1962, and in the case of all such conventions, any applicable Protocols or other amendments as made from time to time. Where these or any other conventions apply to any service or accommodation supplied during any part of the Holiday, whether or not directly supplied by FOCL, then insofar as FOCL may have any responsibility or liability, the limits of liability afforded by such conventions apply to FOCL and any liability or responsibility of FOCL shall be determined accordingly.
8.2 Save as provided otherwise in these terms and conditions, all arrangements for the provision of transport of Passengers, their luggage and personal property, accommodation and other services are in addition to these terms and conditions subject to the rules, regulations, and terms and conditions of airlines and owners or operators of any other ship or vessel used and all other services such as transfer operators, hotels, etc. These are deemed to be expressly accepted by the Passenger and are herein expressly incorporated into the Contract.
8.3 Unless otherwise provided for by force of the law or in accordance with these terms and conditions the liabilities, obligations and responsibilities of FOCL and any other party involved in the supply of services in connection with these terms and conditions shall be limited in accordance with the limits applicable to a carrier under the Athens Convention 1974 (Carriage of Passengers and Luggage by Sea), as modified and set out in parts I and II of Schedule 6 of the Merchant Shipping Act 1995 (together the “Convention”).
8.4 The liability of FOCL or any other party that may be involved in the supply of services in connection with these terms and conditions for death or illness of, or personal injury to, any Passenger, or the loss of or damage to the luggage of any
Passenger is limited to the maximum amounts specified in Articles 7 and 8 of the Convention save in the case of valuables (as defined in Article 5 of the Convention) where no liability is accepted unless such valuables have been deposited with the carrier for the agreed purpose of safe-keeping, in which case liability will be limited as provided for in Article 8(3) of the Convention. Please see paragraph 9 below which sets out further details in relation to luggage claims.
8.5 No responsibility is accepted for loss or damage caused to you by failure to perform the Contract, or improper performance of these terms and conditions, where the failure or improper performance happens without fault on the part of FOCL or other operator or supplier of services included in the Holiday Contract because:
(i) it is attributable to your fault; or (ii) it is unforeseeable and unavoidable and attributable to a
third party who does not supply services included in the Holiday; or
(iii) it is due to unusual or unforeseeable circumstances i.e. due to an event of Force Majeure which is beyond the control of FOCL, the consequences of which could not have been avoided by the exercise of due care, or an event which FOCL or other operator or supplier of services could not foresee or forestall including but not limited to unusual weather or sea conditions.
8.6 No liability is accepted in respect of arrangements or commitments made by you or on your behalf that are not part of the Holiday Contract, including, but not limited to arrangements that you make directly, or via FOCL acting as agent only, with a service provider other than FOCL.
8.7 Insofar as FOCL may be liable to a Passenger in respect of claims arising out of carriage by air, land or sea, FOCL shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual carriers and under the Convention and any other applicable conventions and nothing in these conditions shall be deemed as a waiver thereof.
8.8 If any term, condition, section or provision becomes invalid or be so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in force.
8.9 FOCL shall not in any circumstances be liable to a Passenger for any loss or anticipated loss of profits, 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.
8.10 In the event that FOCL has any legal liability for any loss of or damage to property otherwise than in accordance with the Convention and any other applicable conventions including the Montreal conventions then its liability shall not at any time exceed £250 per Passenger and FOCL shall not at any time be liable for loss of or to any money, jewellery, valuables or medication. Passengers are advised not to pack money, jewellery, other valuables or medication in their luggage and must ensure that their personal possessions and valuables are with them at all times.
8.11 All carriage (by land, air and sea) is subject to the conditions of carriage of the actual operator / carrier. These may limit or exclude liability. Save as otherwise provided in these terms and conditions, the carriers’ conditions of carriage are expressly incorporated into the Contract and are deemed to be expressly accepted by the Passenger at the time of the Booking. Copies of these terms and conditions are available on request from FOCL.
8.12 FOCL’s liability will not at any time exceed that of any carrier under the carrier’s conditions of carriage and/or applicable or incorporated conventions.
Claims
9.1 Any matter which might give rise to a problem, complaint or claim must be notified immediately to the ship or hotel management, airline staff or other supplier of the services concerned. If the matter cannot be rectified immediately, FOCL must be notified in writing as soon as practical. In any event you must give notice of any claim in writing to FOCL within 30 days of the matter arising. Special extra provisions set out below apply to loss, damage or delay to luggage and to claims for illness or injury. Failure to give notice in accordance with these provisions may mean that the matter cannot be properly investigated or rectified and this may affect your rights.
9.2 In the case of any claim for loss, damage or delay to luggage please note that (1) it is assumed that luggage has been delivered undamaged to you unless notice is given immediately to FOCL; (2) you must claim against the carrier or carriers responsible for actually performing the carriage where the loss or damage happened immediately if and when the loss or damage is or becomes apparent, and in any event within 15 days from the date of redelivery, or when redelivery should have taken place; (3) if you wish to make any sort of claim against FOCL, you must notify FOCL directly in writing with a copy of notification to the carrier or carriers responsible for actually performing the carriage and if asked to do so, assign your rights against such carrier or carriers to FOCL. Any damages payable by FOCL up to the limits set out under the Convention will be by FOCL up to the limits set out under the Convention will be by FOCL up to the limits set out under the Convention will be by FOCL up to the limits set out under the Convention will be reduced in proportion by any contributory negligence of the Passenger and by the maximum deductible under Article 8(4) of the Convention.
9.3 Any illness or injury caused by or that you think may be attributable to anything that happened during the Holiday must be reported to the service provider or providers responsible for the relevant part or parts of the Holiday and to FOCL (with a copy of any such notification to any other provider or providers) immediately that the illness or injury becomes apparent.
9.4 Unless a longer period is provided for by force of law, any claim shall be time barred if proceedings are not brought within 2 years of the end of the Holiday.
9.5 Some disputes involving claims up to a limited amount may (subject to the agreement of you and FOCL) be referred to independent arbitration or conciliation under schemes devised by arrangement with the Passenger Shipping Association or ABTA. Details will be supplied on request. The schemes may not apply to claims arising out of injury or illness.
Medical Assistance
10.1 In compliance with Flag State requirements each vessel has on board a qualified doctor and a medical centre equipped for first aid and minor conditions only. The Passenger hereby acknowledges and accepts at the time of the Contract that the medical centre is not equipped like a land based hospital and the doctor is not a specialist. Neither FOCL, the doctor, nor the carrier shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.
10.2 At FOCL’s sole discretion FOCL may afford you assistance if you suffer illness, personal injury or death during the period of your Holiday. Such assistance may take the form of advice, guidance or initial financial aid where appropriate and subject to FOCL’s discretion. Any expenses reasonably incurred for you or on your behalf (including medical treatment and repatriation expenses) shall be repayable by you to FOCL in full on demand (whether or not you have insurance cover for some or all of the expenses). In any case where such assistance is necessary or provided you give FOCL authority to contact any third party including your general practitioner or other medical practitioner and/or your insurers to obtain any information or documentation.
10.3 The Passenger acknowledges that whilst there is a qualified doctor on board the vessel, it is a Passenger’s obligation and responsibility to seek medical assistance if necessary during the Holiday and the Passenger will be solely responsible to pay for any on board medical services including but not limited to any medical treatments provided and repatriations which will be charged in line with private medical health care fees and charges.
10.4 In the event of illness or accident, Passengers may have to be landed ashore by the carrier and/or the master for medical treatment. Neither the carrier nor FOCL make any representation or accept any responsibility for the quality of any medical facilities or treatments at any port of call or at the place at which the Passenger is landed. Medical facilities and standards vary from port to port; neither FOCL nor the carrier makes any representations or warranties in relation to the standard of medical treatment ashore.
10.5 The on board doctor’s professional opinion as to the fitness of a Passenger to board the vessel or to continue the Holiday is final and binding on the Passenger.
10.6 Where a Passenger is refused embarkation as a result of health and/or fitness to travel, then neither the carrier nor FOCL has any liability to the Passenger.
10.7 FOCL and/or the carrier and/or the health authorities at any port shall be entitled to administer a public health questionnaire. The Passenger shall supply accurate information regarding symptoms of any illness including but not limited to gastrointestinal illness and H1n1. The carrier may deny boarding to any Passenger that it considers in its sole discretion to have symptoms of any illness including viral or bacterial illness including but not limited to norovirus and H1n1. Any refusal by a Passenger to complete a questionnaire may result in denied boarding.
10.8 The vessel’s doctor has the authority to require a Passenger to remain in their cabin for health and safety reasons should they become ill during the Holiday.
10.9 Passengers are reminded that some foods may cause an allergic reaction in certain people due to intolerance of some ingredients. If the Passenger has any known allergies, or is intolerant of any food, it is his/her responsibility to report this to the carrier on boarding of the vessel and certainly before consuming any food. FOCL shall have no liability to any Passenger who has failed to notify the vessel of an allergy or food intolerance and becomes ill as a result of eating foods which they are allergic or intolerant to. Further, and irrespective of any notification provided to FOCL or to the carrier of any food
allergies or intolerances, it remains your decision as to whether or not to consume any particular food items and you consume all food at your own risk. FOCL cannot be held responsible for the food allergies and intolerances of individual Passengers.
Material facts
11.1 It is a condition of the Contract for the supply of the Holiday (including carriage and insurance), that all material facts have been disclosed to FOCL as if FOCL was an insurer. A material fact is a fact likely to influence insurers in the acceptance or assessment of insurance (for example, details of your state of health or that of a close relative). Where there is doubt as to whether a fact is ‘material’ then it should be disclosed.
Mobility and special assistance
12.1 You must give written notice to FOCL at the time of Booking of any disability, mobility problem, or any other condition requiring special care, attention or treatment. If any such condition arises after the Contract is formed then written notice must be given to FOCL as soon as possible. It may not be possible satisfactorily to accommodate you with such a condition on board a FOCL vessel. Passage may therefore be refused to those with such a condition at the sole discretion of FOCL or the operating carrier. In any such event, a cancellation fee of the amount shown in the scale under paragraph 5 (“Cancellation by You”) will apply. Children less than 6 months old and women who will be more than 28 weeks pregnant at the end of the Holiday are not permitted to travel. Disabled Passengers must be accompanied on board by an able bodied companion.
12.2 It is recommended that medical advice is sought prior to Booking for children aged between 6 – 12 months.
Documentary and medical requirements
13.1 A full valid passport is required for all Holidays advertised in FOCL’s Holiday brochures from time to time. Your passport must be valid for at least 6 months after the date of return to the UK (a shorter validity may be acceptable on certain itineraries, please check at time of Booking). You are responsible for ensuring compliance with all necessary visa and other documentary requirements for the entire Holiday, and shall have received all medical inoculations necessary (notwithstanding that FOCL may provide advice on these matters from time to time). At any port or place, FOCL or any other party involved in the supply of services in connection with your Holiday may refuse travel, accommodation, or disembark any Passenger without compensation who in the opinion of FOCL or any other party involved might be excluded from landing at any destination by Immigration or other Governmental Authorities or who may be suffering from contagious or infectious disease or whose presence may be considered detrimental to safety or comfort of other holidaymakers or crew members.
Flights
14.1 Prices for fly-cruises quoted in any FOCL Holiday brochure are inclusive of specially negotiated airfares which are subject to availability. If no aircraft seats are available at such prices in conjunction with a particular Holiday at the time of Booking then the fly-cruise option will not be offered. Flight upgrades/ premium seats for fly-cruises are limited in number. They will be allocated at the time of Booking, subject to availability at the time of the Holiday. Aircraft configurations are subject to change and in the event of a flight operator being unable to provide premium seats on any service then any payment of or towards an upgrade supplement will be refunded in full.
14.2 All published itineraries are based on current airline schedules or advised charter flights at the time of the Booking and may be subject to change at the option of the airline operator prior to the Departure Date. You will be notified of any such changes. Details of which aircraft operator will be used for your Holiday Booking and the type of aircraft operated cannot always be given at the time of Booking.
14.3 The Passenger will receive confirmation of flight timings and routes with their travel documents, which will be sent out approximately 7 days before the Departure Date.
14.4 If the Contract does not include flights, it is the Passenger’s responsibility to obtain a valid ticket direct from an air carrier suitable for and in time for travel to the vessel (and including local transfers which the Passenger must arrange). FOCL shall not be responsible for any liabilities arising in respect of flights or transfers arranged by the Passenger.
Data
15.1 The Passenger acknowledges that FOCL will require certain personal details from the Passenger in order to process a Booking and to fulfil the Contract for the supply of your Holiday. The Passenger hereby agrees to this information held being passed to any third parties in order for the supply of the Holiday. Personal details supplied to FOCL may also be used for
marketing purposes. Marketing communications from FOCL will allow you the opportunity to opt out of further communications. FOCL will not disclose your personal details to third parties for marketing purposes without your express permission. Our data protection policy is set out in our privacy policy which is hereby expressly incorporated into these terms and conditions.
Travel Insurance
16.1 It is a condition of the Contract that travel insurance is taken out before travelling on any FOCL cruise holiday. This should cover all appropriate travel, cancellation, medical and repatriation liabilities for the Holiday. FOCL reserves the right to cancel the Contract without any liability or cost to the Passenger in the event that this paragraph 16.1 is not complied with by you. Final Holiday documents cannot be released until FOCL has received notification of your insurance policy details.
16.2 You will indemnify FOCL against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by FOCL arising as a result of:-
16.2.1 any breach of the condition set out in paragraph 16.1 above, seeing your insurance deemed either invalid, inadequate and/or avoided; and
16.2.2 any claim made against FOCL by a third party for death, personal injury or damage to property arising out of or in connection with breach of paragraph 16.1 above which is attributable to the acts or omissions of you.
Variation
17.1 No variation of these terms and conditions shall be effective unless in writing and signed by FOCL.
Smoking Policy
18.1 Smoking is only permitted in certain dedicated external areas throughout the vessel. Smoking anywhere else is strictly prohibited.
18.2 Throwing cigarette butts over the side of the ship is strictly prohibited.
Liability of Employees, Servants and Subcontractors
19.1 It is hereby expressly agreed that no servant or agent of FOCL and or the carrier, including the Captain/master and crew of the vessel concerned including independent subcontractors and their employees as well as the underwriters of these parties shall in any circumstance whatsoever be under any liability whatsoever beyond these terms and conditions and these parties may invoke these terms and conditions and the conditions to the same extent as FOCL and or the carrier.
19.2 FOCL has no direct control over the tour providers and their services. In no case whatsoever will FOCL be held liable for loss, damages and injuries by the Passenger as a result of the negligent act or omission or otherwise of the tour providers. FOCL will exercise reasonable skill and care in the selection of a reputable tour provider. In assessing performance and/or liability of any tour provider, local laws and regulations will apply.
Rights of Third Parties
20.1 Unless otherwise stated under these terms and conditions, a person who is not party to a Contract shall have no rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
Law and Jurisdiction
21.1 These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
21.2 The parties irrevocable agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or its subject matter or formation (including noncontractual disputes or claims).
Fred. Olsen Cruise Lines is a Member of ABTA with membership number W0637. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 68-71 Newman Street London W1T 3AH Tel: 020 7637 2444 or www.abta.com
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