Terms and Conditions
Any booking for a Fred. Olsen Cruise Lines Ltd. (“FOCL”) cruise holiday is accepted subject to the passenger terms and conditions (“Conditions”) that are in force at the time that you make your Booking*, as displayed on the FOCL Website*. You must read them carefully and inform FOCL by emailing email@example.com directly if, prior to making a Booking or at any time before your Holiday*, you have any questions or doubts over your ability to fully comply with the Conditions.
Please note that where an FOCL cruise is sold by another Tour Operator*, the terms and conditions of your contract with that Tour Operator apply to the whole Holiday, unless such terms are expressly amended or excluded by FOCL. However, in such circumstances we will allow you to embark and will carry you on our vessel on the basis that you agree that the Conditions in clauses 2.6 to 2.8, 2.11, 3.7 to 3.11, 5.1 to 5.5, 8 to 13, 15.5, 15.6, 16 to 18, 20, 21 and 23** will apply as shipboard rules.
*each as defined below
**clauses 3.9 and 21 apply to River Cruises only
Definition and Interpretation
“Booking” means the Passenger’s booking of a Holiday, accepted by FOCL in accordance with clause 2.
“Cabin” means a cabin, room or suite on-board a vessel.
“Convention” means any international legal Convention referred to at clause 9.1 below, the Strasbourg Convention and any other Convention that may apply, either by force of law or in accordance with these Conditions.
“Departure Date” means day one of the Holiday as notified to the Passenger at the time of Booking.
“Enjoyment Promise” has the meaning set out on the FOCL Website: www.fredolsencruises.com/freds-enjoyment-promise.
“Fly-Cruise” means a Holiday which comprises of a cruise and a flight booked on your behalf as a package offered by FOCL.
“FOCL Website” means www.fredolsencruises.com
“Force Majeure Event” means an unusual and unforeseeable event outside the control of FOCL and includes but is not limited to war, threat of war, piracy or threat of piracy, 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, illnesses or medical issues, 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, unusually high or low tides or river levels, failure of power supplies, suicide or attempted suicide on board or a Passenger’s deliberate exposure of itself, others or the vessel to unnecessary danger (except in an attempt to save human life) or the consequences of participating in an unusual or dangerous activity.
“Freedom Fare” means a cruise ticket marketed with benefits such as advance booking of chosen cabin and restaurant reservations, greater flexibility to transfer your Holiday and other on board benefits. See FOCL Website for more details: http://www.fredolsencruises.com/freedom.
“Group Booking” means a Booking entered into by one Passenger on behalf of itself and a number of other Passengers.
“Holiday” means any FOCL Holiday offered, including flights for any Fly-Cruise, but excluding any excursions, tours and other extras unless they are expressly stated to form part of the Holiday.
“Long Cruise” means a cruise of 28 days or longer.
“Organiser” means any person who organises packages and markets and / or offers them for sale, whether directly or through a retailer and whether acting as agent or principal.
“Package Travel Legislation” means the Package Travel and Linked Travel Arrangements Regulations 2018 and any other national or international legislation that may apply to the supply of the Products and/or the Bookings.
“Passenger(s)” and/or "you" means a person who has entered into a Booking with FOCL for the supply of a Holiday and includes any specified person who will be participating in the Holiday.
“Price” means the price of the Holiday as communicated at the time of the Booking, plus any additional sums payable due in accordance with these Conditions.
“River Cruise” means a cruise, or part of a cruise, on any inland waterway (as defined in the Strasbourg Convention).
“Saver Fare” means a cruise ticket marketed at a lower price to the Freedom Fare, subject to certain conditions such as automatic cabin allocation in any part of the ship and restricted refund and amendment entitlement. See FOCL Website for more details: https://www.fredolsencruises.com/faqs/general/whats-the-difference-between-freedom-and-saver-fares.
“Shuttle Transport Services” means any form of transport offered to Passengers provided by a third party for transiting to a vessel or around a port or other terminal.
“Special Offers” means 3 for 2 offers, BOGOF deals, Special Saver Fares and any other special offers or marketing incentives offered by FOCL.
“Third Party Services” means services provided by third party suppliers such as Shuttle Transport Services, excursions, transfers or other programmes, which do not form part of the Holiday.
“Third Party Service Provider” means a provider of Third Party Services, engaged by FOCL acting as agent only.
“Tour Operator” means an organisation that markets and resells Holidays (or any component thereof) as a principal.
(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:
(i) is a reference to such statute or statutory provision as amended or re-enacted; and
(ii) includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) a reference to “writing” or “written” includes emails.
1. How to book
1.1 Prior to making a Booking you must ensure that you have read and are prepared to accept these Conditions, and have available the information required to make the Booking in compliance with these Conditions.
1.2 A Booking can be made via your travel agent or directly with FOCL:
1.2.1 by telephone: 0800 0355 105 (or 0800 0355 260 for River Cruises); or
1.2.2 through the FOCL Website: www.fredolsencruises.com.
1.3 The Passenger responsible for concluding a Booking with FOCL warrants that they are of at least 18 years of age on the date of the Booking.
1.4 You warrant that you have the authority to make the Booking on behalf of any Passengers named in your Booking.
2. The booking
2.1 A binding contract will be concluded between you and FOCL only when FOCL confirms acceptance of the Booking. The Booking constitutes the entire agreement between FOCL and the Passenger and, unless otherwise stated in these Conditions, supersedes all other agreements, oral or written.
2.2 You must pay any sum due to FOCL at the time the Booking is made (see clause 4). Where a sum is overdue for payment in accordance with these Conditions, FOCL will have no obligations to supply a Holiday or any other service forming part of the Booking until all amounts have been paid up to date. FOCL may also cancel the Booking. Such cancellation will be treated as a cancellation by you, in accordance with clause 6.
2.3 These Conditions, which incorporate the terms of the Privacy Notices (see clause 23), apply to you and every other Passenger partaking in the Holiday. You warrant that you have the authority to make, amend and/or cancel the Booking on behalf of any Passengers named in your Booking.
2.4 The Passengers under a Booking can only be altered in strict accordance with these Conditions and/or the Package Travel Legislation. In addition the Holiday cannot subsequently be amended or transferred to a lower priced deal or Holiday other than as set out in these Conditions. Bookings must be accepted directly by FOCL and cannot be accepted by any third party.
2.5 FOCL reserves the right to refuse to accept any Booking even if the deposit and the full balance of the Price have been paid by you to FOCL or any third party.
2.6 Children under 2 years of age at the Date of Departure will not be allowed to embark on any cruise where the vessel will undertake a major ocean crossing of 72 hours or longer. Passengers are responsible for ensuring that any children in their care during a cruise are fit and eligible to travel and children on board vessels remain entirely the responsibility of their parent(s) or guardian(s).
2.7 Passengers travelling with children under the age of 18 who are not their parent(s) or guardian(s), will be required to present, at check-in, a letter from the child’s parent(s) or guardian(s) confirming authorisation to take them on the Holiday and to act with full parental authority in the case of an emergency. This clause 2.7 applies regardless of whether the cruise will leave the child’s home country or not. In the event that a child under the age of 18 has a different surname to their parent(s) or guardian(s), proof of parentage e.g. a birth/divorce certificate must be provided at check-in. Failure to do so may result in denied boarding, with the Holiday treated as a “Cancellation by You” in accordance with clause 6.
2.8 Children less than 6 months old and women who will be more than 24 weeks pregnant at the Date of Departure are not permitted to travel. It is recommended that medical advice is sought prior to booking for children aged between 6 and 12 months.
2.9 FOCL is a bonded tour operator with ABTA Limited (No. W0637) meaning that when you buy a Holiday that does not include a flight, protection is provided by way of a bond held by ABTA Limited. 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, 30 Park Street, London, SE1 9EQ, tel: 0203 117 0500 or www.abta.com.
2.10 In respect of a Holiday that includes a flight, FOCL holds an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (the "CAA") (ATOL No. 5016) and as such, FOCL is a member of the ATOL Scheme. All the flights and flight-inclusive Holidays sold by FOCL that are subject to these Conditions are financially protected by the ATOL Scheme. When a Passenger pays for a flight or flight-inclusive Holiday, they will be provided with an ATOL certificate. If they are not provided with one, they are entitled to ask for one and one shall be provided. The Passenger should check the ATOL certificate to ensure that everything they booked (flights, hotels and other services) is listed on it. The ATOL certificate also lists what is financially protected under the terms of the ATOL Scheme and where the Passenger can get information on what this means and who to contact if something goes wrong. Further information on the ATOL certificate not contained in these terms and conditions can be found at www.atol.org.uk/ATOLCertificate / +44(0)333 103 6350 / 45-59 Kingsway, London, WC2B 6TE.
2.11 For the avoidance of doubt, any additional products that are not FOCL products, whether supplied by an agent or Tour Operator or purchased from a third party directly, are not covered under FOCL’s ABTA bond or FOCL’s ATOL licence. FOCL excludes liability to the Passenger in respect of such additional products to the greatest extent permitted by law.
2.12 FOCL, or the suppliers identified on the Passenger's ATOL certificate, will provide the Passenger with the services listed on the ATOL certificate (or suitable alternatives). In some cases, where neither FOCL nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide the Passenger with the services they have bought or a suitable alternative (at no extra cost to the Passenger). The Passenger agrees that in those circumstances the alternative ATOL holder will perform those obligations and the Passenger will pay any sums outstanding as part of their Booking to the alternative ATOL holder. However, the Passenger also agrees, that in some cases it will not be possible to appoint an alternative ATOL holder, in which case the Passenger will be entitled to make a claim under the ATOL Scheme (or their credit card issuer where applicable).
2.13 If FOCL, or the suppliers identified in a Passenger's ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) the Passenger under the ATOL Scheme. The Passenger agrees that in return for such a payment or benefit, they assign absolutely to those trustees any claims which the Passenger has or may have arising out of or relating to the non-provision of the services, including any claim against FOCL, any travel agent or the Passenger's credit card provider, where applicable. The Passenger also agrees that any such claims may be reassigned to another body, if that other body has paid sums the Passenger has claimed under the ATOL Scheme.
2.14 FOCL has no liability whatsoever for flights booked by a Passenger that do not expressly form part of the Holiday.
2.15 In relation to Group Bookings, the person making the Booking (the “Lead Passenger”) warrants that they are over 18 years of age and have authority to contract and accept these Conditions on behalf of all those partaking in the Holiday. Passengers that are subject to a Group Booking (“Group Passengers”) may be required to pay FOCL separately, however Group Passengers will have joint and several liability for all sums due under the Group Booking.
3. Prices and other charges
3.1 Prices are based on operating costs and market conditions at the date they are published and may be revised at the discretion of FOCL at any time.
3.2 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 (including visa charges) and taxes may have to be paid locally by you.
3.3 Subject to availability, discounted prices may be available for Passengers under the age of 18 and in the event, where applicable, a cabin is to be occupied by more than two Passengers.
3.4 All on board accounts will be in Pounds Sterling. Passengers must register a debit or credit card accepted by FOCL at check-in. This applies to Passengers even where they do not wish to open an on board account during their cruise. An on board account will not be granted without a card first being registered.
3.5 All accounts for services, goods, duties, taxes and other costs provided on board the vessel and any other amounts due which are not included in the Price of the Holiday, including amounts for Third Party Services and medical services, must be settled before you leave the vessel, without any set-off or counterclaim.
3.6 Liability for joint on board accounts shall be joint and several between Passengers named on the joint account and other Passengers in any Group Booking (provided such Passengers are aged 18 or over).
3.7 The administration of (including any disputes relating to) on board accounts for River Cruises is the sole responsibility of the owner of the River Cruise vessel. FOCL will have no liability whatsoever in relation to disputes arising from on board accounts on River Cruises, which must be addressed directly to the vessel owner. Further details can be provided on request from the FOCL representative on board.
3.8 In the event that a Passenger fails to settle their on board account on or before completion of the Holiday an administration charge of £75 will apply. FOCL also reserves the right without prejudice to any other remedies FOCL may have under these Conditions or otherwise, to take payment from the debit or credit card registered by the Passenger or any other Passenger that is part of the same Group Booking; cancel any future Bookings the Passenger may have with FOCL; and/or to set off any sums owed to FOCL by the Passenger against any sums due to the Passenger from FOCL. Failure to settle on board accounts may result in legal action against the Passenger or Passengers in question.
4. Deposit and final payment
4.1 Subject to any other terms in these Conditions, the following minimum non-refundable deposits will apply (expressed as a percentage of the Price) and must be paid to FOCL on the dates indicated below. Other payments may also be due at the time of booking. See clause 6.1 below for additional cancellation charges that apply within 90 days of the Departure Date in the event that you cancel your Booking.
|Fare type||On booking||180 days before Departure Date|
|Long Cruise||15%||15% (total 30%)|
|Saver Fare and other Special Offers||100%||-|
The non-refundable deposits reflect a conservative pre-estimate of the losses and costs incurred by FOCL of remarketing a Holiday following cancellation.
4.2 FOCL must be in receipt of cleared funds for the balance of the Price no later than 90 days before the Departure Date for all Holidays (or such earlier date or time as specified at the time of booking). For any Holidays booked after this date, the full Price must be paid at the time of booking. Alternative payment terms may apply to Special Offers. If, for any reason, any payment due after booking is not received by FOCL by the date it falls due, FOCL has the right to treat this as a cancellation of the Booking by you and to retain any non-refundable deposits in accordance with the terms of clause 4.1 above and clause 6 below.
4.3 Money paid to a travel agent for a Holiday is held by the agent on trust for FOCL, whether or not that travel agent is acting as your agent or as agent for FOCL. Payment of any money to a travel agent or other third party, even if an agent of FOCL, does not constitute acceptance of a Booking by FOCL.
4.4 Prior to acceptance of the Booking and all payments then due, FOCL has no obligations to the Passenger and may return or authorise the return of any payments made with no penalty and without providing a reason.
4.5 FOCL cannot accept American Express cards, Electron cards, Travellers’ Cheques or pre-funded cards for any transaction.
4.6 The full Price is payable at the time of the Booking for all Special Offers, including Saver Fares, unless other terms expressly apply.
4.7 For Fly-Cruises, 100% of the cost of the flight element of the Holiday will be payable at the time the Booking is made. Where the cost of the flight is subject to an increase from the price at the time of booking (for example where a Passenger elects to fly from an airport other than the airport advertised with the Fly-Cruise) such increase in price will be payable by the Passenger immediately on demand.
5. Insurance, booking considerations and alterations
5.1 It is a condition of the Booking that travel insurance is purchased before travelling on any Holiday:
5.1.1 Passengers must obtain travel insurance as soon as possible following booking in order to cover cancellation and other possible losses that might arise after booking. This should cover all appropriate travel, non-refundable deposits, cancellation charges, medical treatment, emergency airlift/boat transfer at sea and repatriation liabilities for the Holiday.
5.1.2 FOCL reserves the right to cancel the Booking and/or refuse embarkation and/or require the Passenger to disembark at the next port of call, without any liability or cost to FOCL, in the event that clause 5.1.1 is not complied with in full by all Passengers under the Booking.
5.1.3 You are obliged to disclose all information to your travel insurer that could be relevant to their decision of whether or not to agree cover or the level of premium they charge, including details of pre-existing medical conditions. Failure to give full, frank and honest disclosure to any insurer’s enquiries will amount to a breach of this clause 5.
5.1.4 Final Holiday documents cannot be released until FOCL has received notification of your insurance policy details.
5.1.5 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, fines and legal and other reasonable professional costs and expenses) suffered or incurred by FOCL arising as a result of:
126.96.36.199 any breach of the condition set out in clause 5.1.1 above; or
188.8.131.52 your insurance being deemed either invalid, inadequate and/or voided; or
184.108.40.206 any other breach of this clause 5; or
220.127.116.11 any claim made against FOCL by a third party for death, personal injury or damage to property arising out of or in connection with any breach of clause 5.1.1 above which is attributable to the acts or omissions of you.
5.2 You are responsible for ensuring compliance with all documentary and health requirements for the entire Holiday, including ensuring that you have:
5.2.1 A full valid and undamaged passport, which is required for all Holidays, including those operating wholly within the UK. Your passport must be valid for at least 6 months after the date of return to the UK.
5.2.2 Any necessary visas for your Holiday.
5.2.3 Any necessary inoculations and appropriate evidence to prove requirements have been complied with.
5.3 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 reimbursement and/or 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.
5.4 Any loss suffered as a result of the Passenger’s failure to comply with this clause 5 will be at the Passenger’s cost (including any additional travel or accommodation expenses or fines). Any cost to FOCL must be reimbursed immediately by the Passenger on demand. FOCL will have no liability to the Passenger whatsoever in the event the Passenger cannot partake in any element of the Holiday as a result of non-compliance with this clause 5.
5.5 FOCL follows guidance from the Foreign and Commonwealth Office when considering the destinations that it offers as part of its cruise packages. However, in the current global political climate, there are many locations which are ostensibly safe but where the risk of terrorism and civil unrest cannot be completely ruled out (including most major cities around the world). Passengers must consider for themselves the safety of their holiday destinations before they book. It is recommended that all passengers review foreign travel advice which can be found on the FCO website: www.gov.uk/government/organisations/foreign-commonwealth-office. Where the situation changes after the time of booking, the Passenger is at liberty to raise this with FOCL, whose liability for loss, including death and personal injury arising as a result of terrorism and civil unrest is excluded to the greatest degree permissible by law.
5.6 In the event that a Passenger's name is misspelt upon booking, this may be corrected free of charge prior to the tickets allowing embarkation of the vessel being issued by FOCL. Thereafter, a charge of £100 will apply per Booking to cover the administrative cost of amending the Booking. Please note the separate provision applying to flight ticket changes at clause 5.8 below.
5.7 In the event that a Passenger is prevented from proceeding with a Holiday, that Passenger shall be entitled to change the name of the Passenger travelling on the Holiday to the name of a replacement Passenger (“Replacement Passenger”), subject to providing FOCL with reasonable notice (in no circumstances less than 7 days) of such name change. FOCL will have no obligation to agree to a name change unless the Replacement Passenger meets and agrees to comply with all terms and conditions to which the original Passenger was subject as part of their Booking. Name changes will be subject to a minimum administration fee of £100 per change, and the Passenger and Replacement Passenger will be jointly and severally liable for this fee and any additional costs incurred by FOCL as the result of the name change, pursuant to clause 5.8 below or otherwise.
5.8 In certain circumstances, the changing of a Passenger's name in a Booking (including misspelling of a name) may give rise to costs and/or operational difficulties above and beyond the administrative cost to FOCL of amending the relevant Booking. For example, in relation to Fly-Cruises, FOCL will have no control over costs or cancellation policies applied by the airline engaged for providing the flight element of the Holiday. Where additional or non-refundable costs arise in such circumstances, these must be paid by the Passenger or Replacement Passenger on demand and embarkation will not be allowed until such costs have been paid in full.
5.9 FOCL shall have no liability in circumstances where a name change or other attempt to amend the details of a Booking results in the cancellation of an element of the Holiday by a third party provider. In the event that the actions of a third party provider mean that neither the Passenger nor any Replacement Passenger can partake of the relevant Holiday, the cancellation provisions at clause 6 shall apply. For the avoidance of doubt, under no circumstances may a Passenger resell a Holiday for a sum greater than the full price paid for the Holiday by the Passenger.
5.10 A Passenger’s request to transfer from one Holiday to another (distinct from substituting another Passenger into a Booking) may, in FOCL's sole discretion, be accepted by FOCL on one occasion per Booking, provided it is made more than 90 days before the Departure Date, or 180 days before the Departure Date for a Long Cruise. Where FOCL consents to such a transfer, the terms and conditions that are relevant at the time of the transfer shall apply, and a £100 per person administrative fee will be chargeable on the completion of the transfer. The applicable terms and conditions may be different from those that applied at the time of the original Booking. Any Special Offers or discounts that applied to the original Holiday will not apply to the alternative Holiday.
5.11 Where a transfer to an alternative Holiday is accepted by FOCL, any payments received in respect of the original Holiday shall be held as the initial deposit payable upon booking for the alternative Holiday, even where they exceed the figure that would otherwise be payable as a deposit for the alternative Holiday under these Conditions. Where the sum payable for the alternative Holiday would be higher at the time the alteration is made, the Passenger must pay the balance due to FOCL immediately upon demand.
5.12 Where the alternative Holiday is cancelled by you, FOCL will be entitled to retain as a non-refundable deposit the higher of:
5.12.1 any non-refundable deposit paid for the Holiday;
5.12.2 any non-refundable deposit paid for the alternative Holiday; and
5.12.3 any non-refundable deposit payable in accordance with clause 6.1 below.
5.13 Where a request is made to alter a Booking to an alternative Holiday within 90 days of the Departure Date, or 180 days for a Long Cruise, or a request is made to alter a Booking more than once, or where FOCL has refused a request to transfer from one Holiday to another, this will be treated as a cancellation and FOCL will be entitled to retain a non-refundable deposit in accordance with clause 6 below.
5.14 If an alteration would result in a reduction of the Price of the Holiday of more than 25% then this will also be treated as a cancellation by you and the provisions of clause 6 will apply.
5.15 Where a Passenger has made a Booking directly with FOCL, such Booking may not be transferred to a travel agent unless the following criteria all apply:
5.15.1 The Booking was made on-board an FOCL vessel;
5.15.2 The Booking is transferred on-board an FOCL vessel; and
5.15.3 The travel agent to whom the Booking is transferred is approved by FOCL at the time of the transfer.
6. Cancellation by you
6.1 You may cancel your Holiday by providing formal notice to FOCL, either in writing or verbally to the Guest Services department pending verification of having authority to do so, subject to clause 6.3 below:
6.1.1 Where you cancel 91 days or more before the Departure Date, FOCL will be entitled to retain the non-refundable deposit in accordance with clause 4.1 above.
6.1.2 Where you cancel 90 days or fewer before the Departure Date, FOCL will be entitled to retain a portion of the Price in accordance with the following scale.
These percentages reflect a conservative pre-estimate of losses and costs likely to be incurred by FOCL as a result of the cancellation and cost to FOCL of remarketing the Holiday. The figures expressed below include any non-refundable deposit paid in accordance with clause 4.1:
|Number of days before departure||Percentage of Price FOCL will be entitled to retain if the cruise is cancelled by you|
|15 to 0 days||100%*|
*100% of the Price will be retained in the event of the cancellation of a Saver Fare Booking and Bookings made subject to certain other Special Offers (see 6.6 below).
6.2 The effective date of cancellation is the date of receipt by FOCL of written notice that the Passenger wishes to cancel. For the avoidance of doubt, these charges will apply whatever the reason for your cancellation, including illness, incapacity, death or any other intervening event. It is your responsibility to ensure that you have insurance in place that covers these eventualities.
6.3 Where you cancel a Booking, FOCL will make reasonable endeavours to resell the Holiday:
6.3.1 You recognise that it may not be viable for FOCL to attempt to do so in certain circumstances, for example where the Departure Date is imminent.
6.3.2 You additionally recognise that, in order to resell, FOCL may, at its absolute discretion, remarket the cruise at a discounted rate.
6.3.3 FOCL will not be regarded as having successfully resold a Holiday until all tickets of a comparable level and characteristics to the resold Holiday (e.g. in terms of price, level of cabin and other additional elements included in the Booking) have sold out for that particular Holiday at the Date of Departure.
6.3.4 Where a Holiday has been successfully resold, FOCL may, at its reasonable discretion, refund all or part of the Price paid by you. In all circumstances, any such refund will be subject to reasonable deductions, for example in order to account for the cost of remarketing and rebooking the Holiday and to account for any shortfall between the Price paid by you and the price at which the cruise is resold.
6.4 Cancellation costs 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.
6.5 If you have already started your Holiday but are unable to continue for any reason whatsoever including repatriation, illness, incapacity, death, or any unavoidable and extraordinary event, FOCL may resell any unused services or accommodation without offering any refund to you.
6.6 Where FOCL offers certain Special Offers, it reduces its margin on that Holiday and loses the opportunity to sell the Holiday at full price. Therefore, special terms and conditions apply to Special Offers in order to make them commercially viable for FOCL. Unless otherwise indicated, and subject to clause 6.3 above, no refund will be available in the event of the cancellation by you of any Special Offer.
6.7 No refund will be available for pre-cruise and post-cruise land tours where these are cancelled by you 90 days or fewer before your Departure Date. If cancelled 91 days or more before the Departure Date, a non-refundable deposit will apply in accordance with clause 4.1 above. You will also be responsible for paying on demand any unrecoverable sum paid or payable to a third party supplier in connection with the cancelled pre-cruise or post-cruise land tour.
6.8 Where you cancel a Fly-Cruise (or the flight element of a Fly-Cruise), the airline’s cancellation terms will apply to the cancellation and you will be liable for any costs that result, in addition to any cancellation charges due to FOCL for the cruise and other elements of the cancelled Holiday, in accordance with this clause 6.
7. Alterations and cancellation by FOCL
7.1 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. Your statutory rights remain unaffected.
7.2 Where before the Departure Date it becomes impossible to provide your Holiday (even by making changes) due to a Force Majeure Event or any other circumstances beyond FOCL’s control that significantly constrain their ability to deliver your Holiday, then FOCL will give notice of cancellation of the Holiday as soon as practicable and you will be offered (where possible) the choice of a replacement Holiday of equivalent value or a refund of all monies paid under the Booking.
7.3 FOCL has the right up to 90 days before the Departure Date to cancel any Booking or any part of a Holiday because the minimum number of Passengers needed has not been achieved.
7.4 Published Holiday details in FOCL brochures and any Holiday details notified to you at the time of placing your Booking may be subject to alteration at any time after the Booking has been concluded, where this becomes necessary 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 as far as possible for its duration. Alteration may include (without limitation) 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 vessel or flights and port of embarkation and disembarkation), schedule, flight class, cruise vessel or other arrangements that form part of the Holiday. Alteration of the Holiday may (without limitation) be made of necessity in the interests of promoting the health, safety, comfort or enjoyment of Passengers or the operational efficiency of the Holiday, for example (but not limited to) the occurrence of a security risk or infectious illness, or any Force Majeure Event. Wherever possible, details of any alterations will be communicated to you in writing. Alterations of the nature described in this clause 7.4 will not amount to significant alterations of the Holiday. Your statutory rights remain unaffected.
7.5 Where after the Departure Date it becomes necessary to curtail your Holiday due to a Force Majeure Event, FOCL or any other party acting as operator will make suitable alternative arrangements to provide a continuation of the Holiday 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 cannot reasonably be continued, then for each whole day lost, you will be reimbursed an amount equivalent to the daily cost of the cruise part of the Holiday.
7.6 It is a condition of the Booking that the Passenger will act in good faith towards FOCL at all times. In the event that the Passenger breaches this clause 7.6, FOCL shall have the right to treat the Booking as cancelled by you, and to terminate the Booking immediately.
7.7 Where delay occurs during the Holiday as a result of a breach of these Conditions by FOCL or any other party acting as operator on FOCL’s behalf, then alternative arrangements will be made where required and where possible to ensure the continuation of the Holiday.
7.8 In the event of cancellation, alteration or delay (including prolongation of the Holiday) FOCL will not be responsible for losses arising from individual circumstances or arrangements (for example travel and accommodation booked separately to the Holiday).
8. Conduct, safety and security
8.1 If it appears, in FOCL’s complete discretion, during or after the booking process, embarkation or during your Holiday, that you are, or may become, for any reason unfit to travel or that you may endanger or prejudice the health or safety or comfort of you or anyone else, because of, for example, but not limited to:
8.1.1 aggressive or abusive behaviour;
8.1.2 reasons of personal hygiene;
8.1.3 accident or medical incident prior to departure, including on the way to the port or in the terminal that needs medical attention ashore; or
8.1.4 failure to comply with on-board policies including (without limitation) the Guest Conduct Policy (see clause 8.8 below & FOCL Website), Smoking Policy (see clause 17) and Alcohol Policy (see clause 18), then a duly authorised representative of FOCL or any other party involved in the supply of services under your Booking may deal with you as they consider necessary. Such steps may include refusing to confirm your Booking, cancelling an existing Booking, banning you from future travel, transferring you from one Cabin or seat to another or restraining, confining or refusing to embark you or requiring you to disembark 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 third party.
8.2 FOCL and any other party with responsibility for Passengers’ safety during a Holiday will have the right to make, enforce and change (without prior notice) rules and policies for the conduct of Passengers relating to matters including, but not limited to, dress, behaviour, alcohol and food.
8.3 No animals, except registered Assistance Dogs (see clause 13 below), dangerous articles, or controlled or prohibited substances may be brought on the Holiday and/or vessel.
8.4 For safety and security reasons it may be necessary for servants or agents of FOCL to search Passengers, their Cabins or their luggage. You agree to allow this to take place when authorised by the Captain or a security or other officer of the vessel, and to follow any instructions or orders in this regard.
8.5 You are responsible for any loss or damage caused by you or your personal possessions during the Holiday to any property, person, third party or to FOCL, no matter how that loss or damage is caused. FOCL reserves the right to demand immediate reimbursement / compensation for any loss or damage caused by you and/or to require a reasonable sum to be placed on account while the value of any loss or damage is determined.
8.6 You confirm your agreement to the use of CCTV throughout all FOCL vessels and in public areas at ports and terminals. This is for the safety and security of Passengers and crew. CCTV images may be retained by FOCL for a reasonable period of time and you acknowledge that CCTV images may be used as evidence in any claims brought against FOCL by you or against you by FOCL.
8.7 FOCL reserves the right to restrict the use of recording and photographic equipment by Passengers, where, in FOCL’s sole discretion, its use might be perceived as invasive or inappropriate to FOCL, it’s Passengers, crew or any third party or where such activity might amount to a breach of copyright or other intellectual property rights of any person at any time. FOCL reserves the right to confiscate such equipment from Passengers, to be returned at the end of a cruise. In the event that a Passenger refuses to surrender such equipment upon demand, FOCL may rely on clause 8.1 above and require you to disembark the vessel.
8.8 Passengers must read and comply with our Guest Conduct Policy which is available on the FOCL Website and in all Cabins on FOCL vessels and, together with these Conditions, forms part of your Booking.
8.9 When in port, you are responsible for ensuring that you embark the vessel in advance of the advertised sailing times. FOCL will not delay the vessel’s departure should you fail to embark the vessel at the correct time. In such circumstances where you fail to embark the vessel prior to sailing, you will not be entitled to any refund, compensation, or contribution to or reimbursement of travel costs or expenses, and you will be liable to pay any fines, losses and/or immigration costs.
9.1 FOCL and any other party that may be involved in the supply of services in connection with your Holiday (including, without limitation Third Party Service Providers, FOCL's agents and employees, sub-contractors, medical staff and the owners and crew of any vessels involved in performing the services) shall be entitled, to the fullest extent possible, to benefit from the rights, defences, immunities and exclusions and limitations of liability in these Conditions and any conventions, regulations, rules, directives, laws, statutes, statutory instruments and/or other relevant forms of regulatory codification (whether international, national, local or otherwise) that might apply from time to time, including (without limitation) those relating to:
9.1.1 carriage by sea (e.g. the Athens Convention 1974 (as amended) (“the Athens Convention”));
9.1.2 air (e.g. the Warsaw Convention 1929 (as amended by The Hague Protocol 1955) and/or the Montreal Convention 1999);
9.1.3 inland waterways (e.g. the Strasbourg Convention (as defined below)); and
9.1.4 hotel stays (e.g. the Paris Convention 1962).
Nothing in these Conditions shall be deemed as a waiver thereof. In no circumstances will the total liability of such parties to you exceed that of FOCL’s liability to you under the Booking.
9.2 FOCL's liability for any act, omission or other occurrence that falls outside the scope of the Conventions will be limited to the greatest extent permitted by law, save that FOCL’s liability for the loss of any money, jewellery, valuables or medication shall not exceed £250 per Passenger per Holiday.
9.3 Passengers are advised, wherever possible, 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 (subject to any laws and regulations that might prohibit this, e.g. restrictions on the carriage of liquids in hand luggage on-board flights).
9.4 Save as provided otherwise in these Conditions, where arrangements are made for the transportation of Passengers, their luggage and personal property, accommodation and other requirements arising from time to time that are ancillary to the cruise element of the Holiday, any terms and conditions, rules and regulations of airlines, owners or operators of any other ship and/or other providers of services such as transfer operators, hotels, etc. shall apply to the provision of the service in question, along with these Conditions. Where there is a conflict between these Conditions and any other terms that might apply pursuant to this clause 9.4, these Conditions will prevail.
9.5 River Cruise Bookings will be subject to the same limits of liability for loss or damage to luggage as ocean cruises, notwithstanding that the Athens Convention may not apply on its own terms.
9.6 FOCL accepts no liability for loss or damage caused to you where such loss or damage:
9.6.1 is attributable to your error or omission; or
9.6.2 is unforeseeable and unavoidable and attributable to any third party provider of services whose services are not part of the Holiday; or
9.6.3 is due to unavoidable and extraordinary circumstances including, but not limited to, a Force Majeure Event or an event which FOCL or another operator or supplier of services could not reasonably be expected to foresee or forestall including but not limited to unusual weather, sea or river conditions, including unusually high or low water.
9.7 FOCL accepts no liability in respect of arrangements or commitments made by you or on your behalf that are not part of the Holiday, including, but not limited to arrangements that you make directly, or via FOCL acting as agent only, with a service provider other than FOCL.
9.8 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.
9.9 All carriage (by land, air, sea and inland waterway) is subject to the conditions of carriage of the actual operator / carrier. These may limit or exclude the operator’s liability. Save as otherwise provided in these Conditions, the operator’s / carriers’ conditions of carriage are expressly incorporated into the Booking and are deemed to be expressly accepted by the Passenger at the time of the Booking. FOCL shall be entitled to benefit from any limits or exclusions of liability contained within and under no circumstances shall FOCL’s liability exceed that of the operator / carrier in question. Copies of any applicable operator / carrier terms and conditions are available on request from FOCL. Where there is a conflict between these Conditions and any other terms that might apply pursuant to this clause 9.9, these Conditions will prevail. This clause 9.9 does not apply to River Cruises.
9.10 In the event that an unplanned stay of one night or more becomes necessary as a result of a cancellation or delay, FOCL shall use reasonable endeavours to provide adequate accommodation either on-board or ashore, and transport to and from the port terminal and place of accommodation. FOCL reserves the right, at its discretion, to limit its expenditure in these circumstances to EUR 125 per Passenger per night, for a maximum of five nights (excluding transport costs). Passengers may be required to pay any remaining balance in the cost of accommodation.
10.1 FOCL will respond to issues raised by Passengers in accordance with ABTA’s Code of Conduct.
10.2 Where an issue arises that could give rise to a complaint against FOCL, you agree to comply with the following dispute resolution procedure. Please see clause 10.9 below for the procedure that applies in relation to Third Party Service Providers. FOCL will not consider any claim for compensation from third parties (including lawyers) unless and until sub-clauses 10.2.1 to 10.2.4 below have been fully complied with:
10.2.1 You must discuss any issues which could give rise to a complaint as soon as practicable with the vessel or hotel management, airline staff or other supplier of the services concerned.
10.2.2 If the matter is not rectified to your satisfaction, you must address any complaint to FOCL in writing within 14 days of the conclusion of the Holiday. FOCL will endeavour to provide a full response within 28 days.
10.2.3 If the parties cannot reach an agreement by engaging in the steps set out above, the Passenger and FOCL agree to refer the matter to ABTA’s Dispute Resolution Scheme.
10.2.4 If the parties fail to reach an agreement having exhausted the steps set out above then they may refer the dispute to arbitration, subject to the rules of the ABTA Arbitration Scheme, or issue Court proceedings.
10.3 In the case of any claim for loss, damage or delay to luggage please note that:
10.3.1 it is assumed that luggage has been delivered undamaged to you unless notice is given immediately to FOCL; and
10.3.2 you must immediately claim against the carrier or carriers directly responsible for performing the carriage where the loss or damage happened, when the loss or damage becomes apparent, and in any event within 15 days from the date of redelivery, or when redelivery should have taken place; and
10.3.3 if you wish to make a claim against FOCL, you must follow the dispute resolution procedure at clause 10.2 above; and
10.4 You may be required to assign your rights against any carrier or other third party to FOCL as a condition of any settlement entered into between FOCL and you.
10.5 Any settlement paid by FOCL will be reduced:
10.5.1 to take into account any contributory negligence of the Passenger; and
10.5.2 by the maximum deductible payable under any applicable Convention.
10.6 Unless a longer period is provided for by force of law, any claim shall be time barred if proceedings are not issued within 2 years of the end of the Holiday (i.e. the date that the vessel berths for disembarkation or for any Fly Cruise, the date that the return flight lands at the arrival airport).
10.7 No claims or complaints will be considered by FOCL unless all on-board debts have first been settled in full, in accordance with clause 3.8 above.
10.8 In circumstances where, in FOCL’s sole discretion, the commercial relationship between FOCL and you has irrevocably broken down for any reason, FOCL will be entitled (but not obliged) to exercise its right to cancel any future bookings in accordance with clause 7 above and to refuse to take any Bookings from you in future.
10.9 Third Party Services do not form part of your Booking with FOCL and FOCL is not responsible for any act or omission of Third Party Service Providers. However, as part of its commitment to customer service, FOCL will, at its discretion, take reasonable steps to assist Passengers with issues arising with Third Party Service Providers, subject to the following procedure being followed:
10.9.1 Where possible, you must discuss with the Third Party Service Provider any issues which could give rise to a complaint, as soon as practicable and before escalating your complaint through other channels.
10.9.2 If the issue is not resolved immediately, it should be notified to an FOCL representative on board the vessel, hotel management or the FOCL Destinations Manager.
10.9.3 If the matter cannot be swiftly resolved by following the steps above, the Passenger must address their complaint to FOCL in writing as soon as possible after the cause of the complaint has arisen.
10.9.4 FOCL will take reasonable steps to assist the Passenger to resolve their complaint, either by liaising with the Third Party Service Provider on the Passenger's behalf, or by putting the Passenger in touch with the Third Party Service Provider.
10.9.5 If these steps do not lead to a resolution acceptable to the Passenger, then it is the Passenger's responsibility to pursue the matter further against the Third Party Service Provider directly.
10.9.6 For the avoidance of doubt, nothing in this clause 10.9 shall be taken as an admission or acceptance of liability by FOCL for the circumstances giving rise to a complaint against a Third Party Service Provider.
11. Medical assistance
11.1 All Passengers must ensure that they have travel insurance that provides adequate cover taking into account their personal circumstances; that all known medical conditions have been declared to their insurers; and that, where necessary, special provision has been made for any medical condition they have, to ensure that they are not left in a position where significant uninsured medical expenses might be incurred.
11.2 Each vessel (River Cruise vessels excluded - see clause 21) has on board a qualified doctor and a medical centre equipped for first aid and minor conditions only. You hereby acknowledge and accept that the medical centre is not equipped like a land based hospital. The medical staff do not have expertise in any specialist fields of medicine, including paediatrics. Neither FOCL, the on board medical staff nor the carrier shall have any liability for losses suffered (including through illness, injury and/or death) as a result of a medical condition, the treatment of which requires expertise beyond that held by the on board medical staff, or requires specialist equipment or medication beyond that which is carried on board.
11.3 Passengers acknowledge that if the risk of them requiring specialist or emergency treatment is elevated to any material extent (however slight) by comparison to a person without the condition in question, then they must not embark the vessel, as to do so could put them and/or other Passengers at risk. FOCL accepts no liability for Passengers that breach this clause 11.3, and any Passenger embarking on a cruise with such a medical condition does so entirely at their own risk.
11.4 FOCL will afford Passengers assistance during their holiday if they suffer illness, personal injury or death requiring medical and/or overseas repatriation services. Such assistance may take the form of a point of contact within FOCL’s medical repatriation team, and initial advice and guidance where appropriate, subject to FOCL’s complete discretion. Where a Passenger lacks the capacity to decide on any assistance to be provided or where, in FOCL’s sole discretion, the provision of assistance is necessary to ensure the safety of either the Passenger, other Passengers or any other person, the Passenger gives FOCL irrevocable authority to organise any necessary assistance on their behalf. All expenses (including without limitation those associated with medical treatment, repatriation expenses, travel expenses and the cost of local assistance e.g. from a port agent) incurred in providing assistance to Passengers under this clause 11.4 shall be for the Passenger’s account and the Passenger hereby indemnifies FOCL in full for such expenses and undertakes to repay them on demand (whether or not the Passenger has insurance cover for some or all of the expenses). The Passenger gives FOCL authority to contact any third party including their general practitioner or other medical practitioner and/or insurers to obtain any necessary information or documentation relevant.
11.5 It is a Passenger’s obligation and responsibility to seek medical assistance if necessary during the Holiday and the Passenger will be solely responsible for paying for any on board medical services including but not limited to any medical treatments provided and repatriation services, which will be charged on the same basis as private medical health care. Medical services provided on board are outside the scope of the UK National Health Service.
11.6 In the event of illness or accident, Passengers may have to be landed ashore for medical treatment and FOCL reserves the right to charge Passengers an assistance fee, in return for services provided. Should a Passenger decline to pay the assistance fee, then they will be liable for making all of their own arrangements associated with their medical disembarkation or repatriation, for example but not limited to, transport, hotel arrangements, contact with their insurance company and setting up their initial case, etc. with no assistance from FOCL or their agents.
11.7 Medical facilities and standards vary from port to port. FOCL makes no representation and accepts no 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. Passengers acknowledge that it is not possible for FOCL's employees, servants or agents to remain ashore to provide assistance when a cruise is scheduled to depart from a port of call, nor is it possible for any departure to be delayed. Where possible, FOCL’s head office will provide Passengers with reasonable discretionary support and assistance after leaving the vessel. However, FOCL has no contractual responsibility for this and FOCL recommends you liaise directly with your insurers for assistance.
11.8 The fitness of any Passenger to travel or continue their Holiday shall be a matter for FOCL and the on board doctor to determine at their sole discretion. The vessel’s doctor has the authority to require a Passenger to remain in their Cabin or to issue other orders that are reasonable and proportionate to protect the health, safety and comfort of the Passenger and others on board the vessel.
11.9 In the event that a Passenger fails to remain in their Cabin or to comply with any other instruction given by the vessel's doctor pursuant to clause 11.8, FOCL shall be entitled to require that Passenger to disembark the vessel at any port of call, and shall have no liability whatsoever to that Passenger for costs incurred as a result (including, without limitation, by way of any refund of the Price paid by the Passenger for the Holiday, accommodation costs or further travel costs). FOCL also reserves the right to cancel and/or refuse to accept any future Bookings from the Passenger in question.
11.10 FOCL and/or any relevant Third Party Service Providers and/or the health authorities at any departure port shall be entitled to administer a public health questionnaire. The Passenger shall supply accurate information, including in relation to any symptoms of any illness experienced, including but not limited to gastrointestinal illness and other similar conditions. Any refusal by a Passenger to complete a questionnaire will result in denied boarding.
11.11 Some foods served on board FOCL's vessels and at other times during your holiday may cause allergic reactions and/or illness in those with certain allergies or intolerances. FOCL can provide details of ingredients of food available on board on request but it is the Passenger’s responsibility to bring any allergies and intolerances to FOCL’s attention at the time of Booking as if it was a Material Fact in accordance with clause 22, and before you eat or drink anything during your Holiday. FOCL excludes liability for any loss suffered (including by way of illness, injury or death) as a result of a food allergy or intolerance experienced by you or any other Passenger during the Holiday, to the greatest extent permitted by law.
11.12 Passengers accept that in accordance with clause 13, Assistance Dogs (defined below) may be present on board FOCL vessels. It is the Passenger’s responsibility to bring any allergy or intolerance to dogs to FOCL’s attention at the time of Booking as if it was a Material Fact in accordance with clause 22. FOCL excludes liability for any loss suffered as a result of a dog allergy or intolerance experienced by you or any other Passenger during the Holiday, to the greatest extent permitted by law.
11.13 In the event that a Passenger fails to settle any medical assistance or repatriation costs, FOCL reserves the right without prejudice to any other remedies FOCL may have under these Conditions or otherwise, to cancel any future Bookings the Passenger may have made with FOCL and to offset any sums owed to FOCL by the Passenger against any sums due from FOCL to the Passenger.
11.14 Note the different provisions for River Cruises at clause 21.
12. Mobility and assistance
12.1 Passengers acknowledge that carriage and boarding and disembarking a vessel can be difficult and/or unsafe for anyone with mobility issues and other forms of physical impairment, and those with certain medical conditions, due to the inherent characteristics of vessels, physical requirements of tendering (transfers from ship to shore on-board smaller vessels) and port facilities. The use of a stepped gangway and/or negotiating steep flights of steps and/or unsteady/uneven surfaces may be unavoidable:
12.1.1 Under no circumstances will FOCL’s employees or servants agree to carry or lift Passengers to facilitate embarkation or disembarkation (including for access to flights, shuttle and tour buses and any other service ancillary to the cruise) or at any time while the Passenger is on board (including for access to or out of on-board bathing or swimming facilities).
12.1.2 FOCL cannot guarantee the availability of a level overhead walkway at any port on any vessel’s itinerary.
12.1.3 In accordance with EU Regulation EU1177/2010, FOCL reserves the right to refuse carriage and/or embarkation and/ordisembarkation if, in FOCL’s reasonable opinion, the design of the vessel and/or the port infrastructure and/or the nature of a holiday at sea and/or any equipment required by the Passenger would make carriage unsafe or operationally unfeasible or if embarkation or disembarkation of the Passenger would risk a breach of national or international maritime safety standards.
12.1.4 It is Passengers' responsibility to keep FOCL informed of any issue that poses a difficulty in relation to their mobility and/or physical capability on-board, whether this arises before or after the time of booking or during the Holiday.
12.1.5 Where vessel to shore tender services are suitable for wheelchair users, only collapsible, lightweight wheelchairs will be permitted.
12.1.6 If a requirement for extra assistance or any other special requirements arise after the Booking has been made then details must be given to FOCL as soon as possible, and in any event, no later than 48hrs prior to departure of the cruise.
12.1.7 Any Passenger refused passage for a reason related to their mobility or physical capability may request written confirmation with reasons from FOCL within 5 working days and may be entitled to an alternative cruise of similar value or reimbursement of the Price.
12.2 FOCL shall make reasonable endeavours to provide any extra assistance where requested, however if such assistance cannot be provided either at all or at a reasonable or proportionate cost, then FOCL reserves the right to deny embarkation and/or to pass such cost onto the Passenger and to treat this as a "cancellation by you" in accordance with clause 6.
12.3 Passengers must read FOCL's General Mobility Policy which forms part of their Booking (note this does not apply to River Cruises) and is available on request and on the FOCL Website. If you have been asked to complete a General Mobility Questionnaire, you must return this at least 90 days before the Departure Date, or if booking within 90 days of the Departure Date, within 7 days of booking. Failure to do so may result in a delay to the release of your tickets and/or to you being denied boarding. These circumstances will be treated as a “cancellation by you” in accordance with clause 6.
12.4 If your booking is made less than seven (7) days before the Departure Date, you will be expected to provide necessary information required to complete a General Mobility Questionnaire at the time of booking. If you fail to do so, FOCL reserves the right to refuse your Booking.
12.5 Any Passengers wishing to embark on a cruise with a mobility scooter, wheelchair or other similar mobility aid (together "Mobility Aids"), must advise FOCL of this upon booking. Space for Mobility Aids on-board is limited by the vessel’s safety plan which has been prepared in accordance with IMO/SOLAS Regulations (“the Safety Plan”). Failure to give advance notice of the need to bring a Mobility Aid on-board in accordance with this clause 5 will result in the Passenger being refused embarkation, and this will be treated as a “cancellation by you” in accordance with clause 6.
12. 6 In the event that the need arises for a Passenger to use a Mobility Aid during a cruise, this will only be permitted in the event that the limits under the vessel’s Safety Plan (or any regulations that might apply) relating to the use of Mobility Aids have not been reached for that particular cruise. If such limits have been reached, FOCL or any other operator shall be entitled to require the Passenger to disembark the vessel at the next port of call, and shall have no liability whatsoever to the Passenger for any costs incurred as a result, including without limitation accommodation costs and further travel costs.
12.7 Any Passenger using a Mobility Aid on-board a vessel is responsible for operating it in a safe and appropriate manner. Due care and attention must be given to other Passengers and the user of the Mobility Aid will be fully liable for any damage or personal injury (whether to the user of the Mobility Aid or to other Passengers or crew) caused by such use. Passengers using Mobility Aids are also responsible for ensuring they hold the appropriate insurance for use of the Mobility Aid on-board the vessel. All Mobility Aids must be stored in the Passenger’s cabin when not in use.
12.8 Passengers with any impairment to their hearing or sight must provide FOCL with full details at the time of booking so that appropriate arrangements can be made for their holiday, and keep FOCL advised if anything changes prior to departure. At the time of embarkation and throughout their holiday, visually or hearing impaired Passengers must either:
12.8.1 be capable of safely moving around the vessel unassisted, or with the assistance of an Assistance Dog (where permitted under these terms and conditions); or
12.8.2 be accompanied by an able bodied companion, whose assistance means that they can safely move around the vessel.
If (in FOCL’s reasonable opinion) this clause is not fully complied with or Passengers’ presence on-board the vessel will pose a risk to the Safety Plan, FOCL will be entitled to refuse embarkation or require the visually or hearing impaired Passenger to disembark the vessel, at no cost to FOCL.
12.9 Note the additional provisions for River Cruises at clause 21.5.
13. Assistance Dogs
13.1 Subject to the remainder of this clause 13, FOCL is able to accommodate recognised assistance dogs (“Assistance Dogs”) on-board its vessels, where this is permitted by law and does not put at risk the health or safety of Passengers, crew or the Assistance Dog in question. Not all Holidays will be suitable for Assistance Dogs and FOCL reserves the right to refuse embarkation of Passengers and their Assistance Dogs, where this is the case. FOCL will provide a full explanation of the reasons for any refusal to embark in these circumstances.
13.2 You must give notice to FOCL at the time of Booking if you wish to bring an Assistance Dog on-board a vessel and you are fully responsible for your Assistance Dog during your Holiday.
13.3 Carriage of Assistance Dogs on-board is subject to compliance with animal health rules and guidelines applicable to the voyage, including in relation to, without limitation:
13.3.1 DEFRA requirements (which can take several weeks to administer);
13.3.2 Vaccinations and pet passports; and
13.3.3 Availability of veterinary services.
13.4 FOCL may require evidence that the Assistance Dog has been appropriately trained.
14. Enjoyment Promise Terms
14.1 The Enjoyment Promise excludes pre-cruise stays and Holidays of 4 nights or fewer. The Enjoyment Promise only applies to Bookings made where the Date of Departure is more than 12 weeks after the date of the Booking. The Enjoyment Promise only applies to Passengers who have contracted with FOCL and excludes cruises on vessels operated by FOCL but booked through Tour Operators.
14.2 Should you wish to invoke the Enjoyment Promise, you will need to inform the vessel’s Guest Relations Manager within 48 hours following the vessel's departure from the original port of embarkation (24 hours for River Cruises). FOCL will arrange and pay for a flight and/or transport back to the UK. FOCL will refund the cruise cost only and will not refund any other costs.
15.1 Prices for Fly-Cruises quoted in any FOCL brochure are inclusive of specially negotiated airfares which are subject to availability. If no aircraft seats are available at the airline’s prices in conjunction with a particular Holiday at the time of Booking then the Fly-Cruise option may be withdrawn or an alternative flight may be offered at an additional cost. Flight upgrades/premium seats for Fly-Cruises are limited in number. They will be allocated at the time of Booking, subject to availability. 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. Note the provisions that apply to deposits for and cancellation of flights and Fly-Cruises at clauses 4 and 6 above.
15.2 All published itineraries are based on current airline schedules or our advised dedicated flying programme 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 in conjunction with your Holiday, the exact route to be taken and the type of aircraft operated cannot always be given at the time of Booking.
15.3 You will receive confirmation of flight timings and routes with your travel documents, which will be sent out approximately 7 days before the Departure Date.
15.4 If the Booking does not include flights, it is your responsibility to book a suitable flight for and in time for travel to the vessel (including local transfers which the Passenger must arrange). FOCL shall not be responsible for any liabilities or losses arising in respect of flights or transfers arranged by the Passenger.
15.5 It is the sole responsibility of the Passenger to ensure that they check in on time for the Holiday and any flights to / from the vessel including any interconnecting flights. Flight delays and cancellations are at the Passenger’s sole risk.
15.6 Passengers travelling independently, or via another Organiser, or who have chosen not to use FOCL flights, or to embark/disembark at different ports to the scheduled itinerary, will be required to vacate their Cabin and disembark the Vessel between 0900 to 0930 hours on the morning of disembarkation or earlier if FOCL or the local authorities deem it necessary.
16. Luggage allowance
16.1 If you are sailing from a UK Port the total luggage allowance is 90kg per Passenger. No one piece should weigh more than 20kgs.
16.2 On Fly-Cruises your luggage allowance will be restricted by the airline. It is your responsibility to check the luggage weight allowance restrictions for both your outbound and/or return flights. Any excess luggage charges imposed by the airline providing the flight will be the sole responsibility of the Passenger.
16.3 Passengers’ luggage allowance for River Cruises is one piece of luggage, weighing no more than 20kg.
17. Smoking policy
17.1 Smoking (including electronic cigarettes emitting any vapour, even if only water vapour) is only permitted in certain dedicated external areas of the vessel, including private balconies. Smoking anywhere else is strictly prohibited. Throwing cigarette ends over the side of the vessel is strictly prohibited.
17.2 Any breach of this clause 17 may result in the Passenger being required to disembark the Vessel at the next port of call, without any liability or cost to FOCL.
18. Alcohol policy
18.1 Only alcohol purchased on-board the vessel may be consumed on-board. Any alcohol not purchased on-board will be collected prior to boarding and returned to the Passenger the day before disembarkation.
18.2 The Passenger agrees at all times to drink safely and responsibly for the duration of their Holiday and whilst on-board the vessel including during embarkation and disembarkation.
18.3 FOCL, Passengers and any other relevant party responsible for providing services as part of a Holiday must comply at all times (including when on-board a vessel outside British waters) with all applicable laws on the sale and purchase of alcohol, including, without limitation, as set out in the Licensing Act 2003. FOCL will not serve alcohol to any person under the age of 18, and no person under the age of 18 may consume alcohol on-board a vessel. FOCL may, at its sole discretion, refuse to serve, sell or supply a Passenger with alcohol at any time and for any reason.
18.4 FOCL and any other operator responsible for providing services as part of a Holiday reserve the right, in their sole discretion, to confine Passengers to their Cabin; breathalyse Passengers; take blood samples from Passengers; treat Passengers medically; disable Passengers’ Cabin accounts; require Passengers to leave the vessel at the next port of call (at Passengers’ sole liability and cost); exclude Passengers from future cruises; and/or cancel any Bookings already made by or on behalf of any Passenger, if deemed necessary, as a result of a Passenger's alcohol consumption and/or any associated behaviour. Where a Passenger is asked to leave the vessel at the next port of call, the Passenger will not, in any circumstances, be entitled to any refund for their Holiday or other compensation whatsoever.
18.5 FOCL and any other operator responsible for providing services as part of a Holiday reserve the right to charge the Passenger for all costs (including but not limited to any medical costs) and/or damage caused to property resulting from the Passenger's consumption of alcohol. Such costs and expenses will be payable by the Passenger on demand.
19. Add-ons and special offers
19.1 From time to time, FOCL may offer add-ons to the basic Holiday booked under these Passenger Terms and Conditions. Add-ons might include excursions, land programs, tips and gratuities, spa products and shuttle bus tickets. Unless stated otherwise, add-ons will be subject to these Conditions, however additional and/or alternative terms and conditions might apply to certain add-ons and will be accessible on this website. Add-ons may be subject to an extra charge.
19.2 FOCL may, from time to time, run Special Offers. These Conditions shall apply to such Special Offers unless the terms of the Special Offer in question state otherwise. In the event of a conflict between the terms of the Special Offer and these Conditions, the terms of the Special Offer shall prevail.
19.3 The “All-Inclusive Drinks Package” shall include, where possible, selected beers and ciders, house wines and spirits, the Cocktail of the Day, draught soft drinks and mineral or spring water by the glass. Passengers who purchase the All-Inclusive Drinks Package can also save 50% off any drinks not included within the Package, with the exclusion of Champagne, dessert, special selection and sparkling wines, and hot drinks served from the Bookmark Cafe. House spirits will be served in single measures and one drink is to be ordered per person, per transaction. For the avoidance of doubt, any Passenger entitled to the All-Inclusive Drinks Package must order each drink for themselves. The quantity of drinks that FOCL can carry on board any vessel is limited by the size of the vessel and it is possible that certain drinks included within the All-Inclusive Drinks Package may be unavailable from time to time, in which case the Passenger shall not be entitled to any refund.
19.4 The “Dining Drinks Package” available with lunch and evening meals on FOCL’s River Cruises only, includes a choice of red and white quality house wines by the glass, European lager and bitter (300ml servings) and selected branded bottled soft drinks.
19.5 Passengers may bring bicycles with them on board any cruise vessel, subject strictly to the terms of the Fred. Olsen Cruise Lines Ltd. Cycle Policy, a copy of which can be found on the FOCL Website. Passengers should note in particular:
19.5.1 All bicycles are brought on board entirely at the Passenger’s risk and FOCL excludes all liability for loss, damage and/or injury sustained or suffered by any property or third party (including other Passengers and crew), of whatever nature, to the greatest extent permitted by law.
19.5.2 Passengers will be liable for any loss, damage and/or injury caused by any bicycle that they have brought on board a vessel, at any time throughout the Holiday (including during any shore excursion), including, without limitation, damage caused to the vessel, its fixtures and fittings.
19.5.3 All bicycles brought on board must be of a fold-up or collapsible design, in a bicycle bag and must be brought to the attention of FOCL at check-in.
19.5.4 Passengers must carry their bicycle onto and off the vessel themselves and store it in their cabins. FOCL is unable to offer any additional assistance in either regard. All bicycles being carried on and off the vessel must be in a bicycle bag.
19.5.5 FOCL reserves the right to refuse to allow a bicycle on board a vessel, without explanation, and to restrict the dis/embarkation or use of bicycles at certain ports and destinations for health and safety reasons.
19.5.6 See fredolsencruises.com/bicycles-on-board-terms-and-conditions, Cycle Policy for other terms and conditions.
20. Employees, servants, subcontractors and third party providers
20.1 The liability of FOCL’s employees, servants, agents, sub-contractors and Third Party Service Providers and the owner and crew of any vessel that arises in connection with the provision of any Holiday is set out to its complete extent within these Conditions.
20.2 FOCL exercises reasonable skill and care in the selection of Third Party Service Providers, however, it has no direct control over the Third Party Service Providers in the performance of their services. FOCL’s liability for loss, damage and injury incurred by the Passenger as a result of the act or omission, whether negligent or otherwise, of any Third Party Service Provider, is excluded to the maximum extent permitted by law.
20.3 In assessing performance and/or liability of any Third Party Service Provider, local laws and regulations will apply. Please also refer to the Shore Tour terms and conditions which can be viewed on this website and appear in the Shore Tour booklet.
20.4 Where Third Party Services (including, without limitation, the provision of bicycles by the operator of a River Cruise) are available during a Holiday, they are not part of the Booking, unless otherwise notified by FOCL. Where FOCL makes available Third Party Services, it does so as agent for the operator of the Third Party Services and any amount paid is not part of the Price, whether or not the Third Party Services are booked or paid for at the same time as, or before or during, the Holiday. FOCL’s liability to Passengers for Third Party Services organised on this basis is excluded to the greatest extent permitted by law. However, should FOCL, its employees, servants, agents or sub-contractors, the owner or operator of the vessel or any other person involved in the supply of services in connection with the Holiday be deemed to have any liability in connection with such Third Party Services, this shall in all cases be subject to these Conditions.
20.5 Tours operate subject to minimum numbers of participants. If any tour cannot operate as a result of low numbers, a refund of any money paid in advance will be made but otherwise, no compensation shall be payable.
21. River cruises
21.1 This clause 21 applies to River Cruises only. For the avoidance of doubt, save insofar as it is otherwise indicated, these Conditions also apply to River Cruises. In the event of a conflict between this clause 21 and any other provision in these Conditions, this clause 21 shall prevail.
21.2 FOCL do not recommend River Cruises for children under 12 years of age as the facilities on-board have not been designed with younger children in mind. All children will be subject to the full adult fare.
21.3 There will be trained first-aiders on-board River Cruise vessels, however there will be no medical centre or medical professionals on-board.
21.4 Embarkation and disembarkation of River Cruise vessels can be particularly challenging due to the inherent characteristics of the vessels used for River Cruises and the quays and jetties used. Dis/embarkation may involve traversing other vessels moored parallel to the quay including substantial steps from the quay onto the vessel and on-board the vessels themselves. Consequently, River Cruises cannot be safely accessed by Passengers who rely on wheelchairs or scooters and others with moderate to severe mobility issues. Save insofar as it conflicts with this clause 21, clause 12 above applies.
21.5 All Passengers with any reduced mobility who plan to embark on a River Cruise must provide full details before booking and keep FOCL updated of any changes to their mobility prior to departure of the River Cruise. This is extremely important for us to ensure the safety of all Passengers, the crew and the vessel. It is Passengers’ responsibility to ensure they are physically capable of embarking and disembarking River Cruise vessels before they book a River Cruise Holiday.
21.6 Unusually high or low water conditions may necessitate changes to the itinerary of a River Cruise, dis/re-/embarkation or transfer by means of inland or alternative river transport. The Passenger acknowledges that such circumstances are an inherent part of river cruising and that neither FOCL nor any River Cruise operator shall have any liability should such circumstances arise.
21.7 Clauses 9.9 and 9.10 above do not apply to River Cruises.
22. Material Facts
22.1 It is a condition of the Booking that all material facts concerning the Passenger’s fitness or suitability to travel 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 at the time of booking, including but not limited to any disability, mobility issue, or any other condition requiring special care, specific assistance, attention or treatment. If any such condition arises after the Booking is concluded then written notice must be given to FOCL as soon as possible and in any event, no later than 48 hours prior to embarkation. FOCL shall make all reasonable endeavours to provide any specified assistance when requested.
23. Personal Data
23.1 In order for FOCL to deliver your Holiday, it is necessary for you to provide us with certain personal data. All personal data will be handled in accordance with the terms of FOCL’s Booking and Marketing Privacy Notices which form part of your Booking and can be found on this website: http://www.fredolsencruises.com/privacy-and-cookies-policy.
23.2 Personal details supplied to FOCL may be used for marketing purposes, in accordance with the Marketing Privacy Notice. 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.
24.1 The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
25. Rights of third parties
25.1 Unless otherwise stated under these Conditions, a person who is not party to a Booking shall have no rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
26. Law and jurisdiction
26.1 These Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
26.2 Subject to clause 10.2 above, the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim that arises out of or in connection with these Conditions or its subject matter or formation (including non-contractual disputes or claims).
27.1 No variation of these Conditions shall be effective unless in writing and signed by FOCL.
IMPORTANT : We reserve the right to refuse boarding at the port on day of departure if, in our opinion ( through observation ), you or any of your party’s impaired mobility prevents you from safely negotiating a stepped gangway or moving around the vessel in a safe & secure manner at all times. If anybody in the party is unsure if they meet this minimum mobility requirement, DO NOT PROCEED WITH THIS BOOKING AT THIS TIME. Please contact Fred. Olsen Guest Services Department on 01473 292444 for more information on this policy. Failure to disclose impaired mobility information could lead to the loss of your cruise holiday